The URL can be used to link to this page

Home My WebLink About02.17.21 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, February 17, 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: February 11, 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 February 17, 2021. Marlen Garc' , City Clerk :f.Al qR11*T1Tj I � MMEA1 CITY COUNCIL SPECIAL VIRTUAL MEETING February 17, 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 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 CALL TO ORDER: ROLL CALL: Council Members: Daniel Damian, Monica Garcia, Paul C. Hernandez, Mayor Pro Tem 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 February 17, 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 February 17, 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 • Baldwin Park & Cohort Cities Homeless Services Overview Yuriko M. Ruizesparza, Program Supervisor Crime Update Presentation Presented by Chief of Police Robert A. Lopez RECESS TO CLOSED SESSION 1. Public Employment Appointment 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: Sandoval v. City of West Covina Case No. 20STCV17053 Case Name: Aguilar v. City of Baldwin Park Case No.215TCV00193 Case Name: John Doe 1 v. John Doe S.V Case No. 20STCV37963 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) Q. Property: 13940 Ramona Blvd. 91706 Negotiating Parties: City of Baldwin Park and Morgan Kenneth 111 CO TR Morgan K (APN: 8553-006-029) R. Property: 13926 Ramona Blvd. 91706 Negotiating Parties: City of Baldwin Park and Berger, David A and Berger, Eva (APN: 8553-006-006) 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. 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): Four (4) RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT 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 February 17, 2021. Marlen Garcia 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 Imoralesabaldwinpark. 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 Il) BALDWIN PARK CITY COUNCIL REGULAR VIRTUAL MEETING February 17, 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 the 2021 Food Drive Volunteer's -Alfonso Arteaga -David Castro -Jessica Joiner -Joe Yersky -Jose Martinez -Ralph Galvan, Board Member -Susan Rovira -Tara Robinson -Beatriz Sandoval -Yolanda Martinez -Maria Carrillo -Xochitl Escalante • Proclamation in Honor of David H. Gaither Presented to David H. Gaither's son, Richard Gaither and family • Legislative Update Presented by Senator Susan Rubio • Update from Valley County Water District Presented by Colleen Malaiba 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 February 17, 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 5:00 PM on February 17, 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. Treasurer's Report — December 2020 Staff recommends that Council receive and file the Treasurer's Report for December 2020. 3. Meeting Minutes Staff recommends that the City Council approve Meetings: Special Meeting of December 7, 2020 Special Meeting of December 16, 2020 Special Meeting of January 6, 2021 Special Meeting of January 20, 2021 Special Meeting of January 28, 2021 Special Meeting of February 3, 2021 meeting minutes for the following City Council 4. Ratify and Adopt a Resolution to Update the City of Baldwin Park Job Classification Plan by Adding a New Position of Community Services Supervisor; and Update the City of Baldwin Park Comprehensive Pay Schedule in Accordance with Cal PERS Established Guidelines Staff recommends that the City Council: 1. Approve, Ratify and Adopt Resolution No. 2021-003 authorizing an amendment to the job classification plan by deleting one (1) Program Supervisor and adding a new position of Community Services Supervisor; and 2. Approve, Ratify and Adopt Resolution No. 2021-004 approving the Comprehensive Pay Schedule reflecting the salary range of the Community Services Supervisor; and 3. Authorize the Finance Director to complete the budget amendments and appropriations and make any necessary adjustments. City Council Agenda Page 3 5. Approve of the Safe Clean Water (SCW) Program Revenue Transfer Agreement between the City of Baldwin Park and Los Angeles County Flood Control District for the City of Baldwin Park's Barnes Park Regional Project (Project) and Authorization to Publish a Request for Proposals (RFP) for Professional Design Services for the Project Staff recommends that the City Council: 1. Approve the Transfer Agreement between the City of Baldwin Park and the Los Angeles County Flood Control District for the City's allocation of funds from the Safe Clean Water (SCW) Program for the Barnes Park project; and 2. Authorize the Director of Public Works to issue an RFP for the implementation of the project; and 3. Authorize the Director of Public Works to act as the signature authority and process necessary documents to satisfy Measure W funding requirements. 6. Approve Request -for -Service Proposals from the City's On -Call Consultant, Infrastructure Engineers, Inc. (IE) for Civil Design Services for the Various Street Rehabilitation Project and the San Gabriel River Greenway and Neighborhood Connections Project It is Staff's recommendation that the City Council authorize the Director of Public Works to approve the RFS proposals from Infrastructure Engineers (IE) in the amount of $46,664 for the completion of the plans, specifications and estimate (PS&E) for the Various Street Rehabilitation Project and $86,496 for the completion of the PS&E for the San Gabriel River Greenway and Neighborhood Connections Project. 7. Approve an Appropriation of Funds for the Citywide Traffic Signal Battery Backup Systems (BBS) Project and Amend the City's 2020-2021 Capital Improvement Program (CIP) Budget to Incorporate the Project It is recommended that the City Council: 1. Authorize the Director of Finance to appropriate $260,000 from LLMD Fund. 2. Approve an amendment to incorporate the project into the current FY2020-21 CIP Budget. 3. Authorize the Director of Public Works to execute a Request for Service (RFS) for design services with the City's on-call consultant. 8. Accept and Authorize the Filing of a Notice of Completion for City Project No. CIP 2020-163 Morgan Park Parking Lot Improvements Project It is recommended that the City Council: 1. Accept the construction improvements by Gentry Brothers, Inc. of Irwindale, CA in the amount of $470,610.49, and authorize the recordation of a Notice of Completion; and 2. Authorize the Director of Finance to appropriate $21,052.49 from Park Fees (Quimby Act) Fund to Acct.# 234-50-520-58100-15086; and 3. Authorize the payment of $23,530.52 in retention funds to Gentry Brothers, Inc. upon the expiration of the 35 -day notice period. City Council Agenda Page 4 9. Resolution No. 2021-005 Initiating the Proceedings and Ordering Preparation of the Engineer's Report for the Citywide Landscape and Lighting Maintenance Assessment District for FY2021/2022 Staff recommends that Council: Adopt Resolution No. 2021-005 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, authorizing the initiation of the proceedings and ordering the preparation of the Engineer's Report for the FY 2021/2022 levy of annual assessments for the City of Baldwin Park Landscaping and Lighting Maintenance District pursuant to the provisions of Division 15, Part 2 of the State of California Streets and Highway Code." 10.Resolution No. 2021-006 Initiating the Proceedings and Ordering Preparation of the Engineer's Report for the Citywide Landscape and Lighting Maintenance Assessment District for FY202112022 Staff recommends that Council: Adopt Resolution No. 2021-006 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, authorizing the initiation of the proceedings and ordering the preparation of the Engineer's Report for the FY 2021/2022 levy of annual assessments for the City of Baldwin Park Landscaping and Lighting Maintenance District pursuant to the provisions of Division 15, Part 2 of the State of California Streets and Highway Code." 11.Approval to Enter into an Agreement between the City of Baldwin and Elizabeth M. Kessel, Inc., dba Kessel & Megrabyan for Attorney Services It is recommended that the City Council approve the retention of Elizabeth M. Kessel, Inc., dba Kessel & Megrabyan 12.Adopt Resolution No. 2021-007 entitled, "A Resolution of the City Council of the City of Baldwin Park Adopting the San Gabriel Valley Council of Governments' White Paper on LAHSA Reform" Staff recommends that the City Council to: 1. Adopt Resolution No. 2021-007 entitled, "A Resolution of the City of Baldwin of Baldwin Park Adopting the San Gabriel Valley Council of Governments' White Paper on LAHSA Reform"; and 2. Authorize the Director of Recreation and Community Services to execute any further documents. 13.Adopt Approval to Enter into an Agreement between the City of Baldwin Park & LeSar Development Consultants Under the (Individual City) Measure H Cities Homeless Implementation Grant Staff recommends that the City Council to: 1. Approve the Service Agreement between the City of Baldwin Park & LeSar Development Consultants (LDC) to implement the Measure H Grant Funds for following line items (Consultant/Vendor, Hotel/Motel Conversion, ADU Ordinance Study, GIS Mapping for Land Use, Inclusionary Zoning, and Scatter Site Housing); and 2. Authorize the Chief Executive Officer to Execute the Service Agreement between the City of Baldwin Park & LeSar Development Consultants (LDC); 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. City Council Agenda Page 5 14.Approval to Enter into an Agreement between the City of Baldwin Park & Cohort Cities (EI Monte and South EI monte) with LeSar Development Consultants under Measure H Cities Homeless Implementation Grant Staff recommends that the City Council to: 1. Approve the Service Agreement between the City of Baldwin Park & Cohort Cities (EI Monte and South EI Monte) with LeSar Development Consultants (LDC) to implement the Measure H Grant Funds for following line items (Development and Planning Consultant), and; 2. Authorize the Chief Executive Officer to Execute the Service Agreement between the City of Baldwin Park & Cohort Cities and LeSar Development Consultants (LDC) 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. 15.Adopt Resolution No. 2021-008 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Approving the Application for the Statewide Park Development and Community Revitalization Program Grant Funds" for the Big Dalton Wash Greening Trail (Phase 1) and Pocket Parks Staff recommends that the City Council to: 1. Adopt Resolution No. 2021-008 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, approving the application for the Statewide Park Development and Community Revitalization Program Grant Funds" for the Big Dalton Wash Greening Trail (Phase 1) and Pocket Parks; and 2. Authorize the Director of Recreation and Community Services to execute any further documents. 16.Adopt Resolution No. 2021-009 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Approving the Application for the Statewide Park Development and Community Revitalization Program Grant Funds" for the Barnes Park Expansion Staff recommends that the City Council to: 1. Adopt Resolution No. 2021-009 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, approving the application for the Statewide Park Development and Community Revitalization Program Grant Funds" for the Barnes Park Expansion; and 2. Authorize the Director of Recreation and Community Services to execute any further documents. 17.Approve the Letter of Intent for the San Gabriel Valley Emergency Shelter Pilot Program in Partnership with the San Gabriel Valley Regional Housing Trust & San Gabriel Valley Council of Governments Staff recommends that the City Council to: 1. Approve the Letter of Intent for the San Gabriel Valley Emergency Shelter Pilot Program in partnership with the San Gabriel Valley Regional Housing Trust & San Gabriel Valley Council of Governments; and 2. Authorize the Director of Recreation and Community Services to execute any further documents. City Council Agenda 18.Approval of Employment Agreement with Robert A. Lopez for the Position of Chief of Police It is recommended that the City Council approve the Agreement with Robert A. Lopez for the position of Police Chief and direct the Mayor and City Clerk to execute agreement. 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 — December 2020 Staff recommends that the Board receive and file the Treasurer's Report for December 2020. SA -2 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register. REPORTS OF OFFICERS None CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION ADJOURNMENT CERTIFICATION I, Marlen Garcia, City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 11th day of February, 2021. �?A&L,lAuZ Marlen Garcia 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 Imoralesgbaldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda Page 7 ITEM NO. 1 TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance DATE: February 17, 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 $434,478.28 and the attached General Warrants Register was $753,787.54 for a total amount of $1,188,265.82. 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 201031 to 201037 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 25352 to 25551 for the period January 10, 2021 through January 23, 2021, inclusive; these are presented and hereby ratified in the amount of $554,567.27. 2. General Warrants, with the bank drafts in the amount of $315,857.45 and checks from 231593 to 231682 in the amount of $437,930.09 for the period of January 26, 2021 to February 8, 2021, inclusive; in the total amount of $753,787.54 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 M �'+ -+ v, 0� p M p 0 fl ,O p O, } d M N Y3 0 0 0 0 0 •+ .+ Vt O O O O N O N tb h h b y o [n '-+ h t � a �] n fT d� fT tl n va r.� o o rl -+ vl ,O N� -+ {n ��0pp0 �7J r/d�� CSI �V� t� �nrn aA C OLO r 7 n �t 000 ClCOI CI C1 d N n (I b In CE rn rn N O h h '"" n b b Ohi f J tl �Cnl ,O O Vi W Vi NCI V Vii'r/n'1 W N H Obi y M rn w ri r v C7 1 P4 I �aj c U �7 e L A c a c. 0000 O 000,0 0 0 0,O O �O N4 O 000 O 00'+00000000 OOOOO V1 V100 00 do n n� N't10 0 0 o p v,pfl N 0000 O O n P a P w 0 n 00pp O d O tl n n .-i n M fn P P r p N h p 0 0 0 0 0 nnnn n ndnv] n n nv, n nv36 o noD o h.� � o o b o 0 0 o h pIn V pn dpdp Y1 O a anh O n n V, V,0-+hOnno p p 0000000.+.�000.� 0.� 0. 66-1o--� �Ac 6 V fv!nJJ- {fi�n OOk�OO h F [ 9 x8000 Edi000 �6ai t�hn�OOOO OOO�� 0000600!000000 p p p pppN 0000000 ,Q RJ �JN�1 CI Cn in f�}. In T� -'i In Mtn in fn---'+!"�"*w 2:+� -�� V �a 4OV 7d .-++ti .+ in <n In rn cn M M w M to .. rn In '+ In M M in to M w H In w w NJ 06 W M In M [n fn {n M In M M rn to M In .v ti In M �-. M M In to In In In In n ' �1 In In ' n N In ' �l M ' �3 ' �1 ' �l ' �1 ' �S ' �l '/, vl v, vl u3 'n ' �S ' �1 ' �1 ' �1 vi v, ' �l + �l �S N Vl N h Vs V� Vl V{ Y� V� �1 V] V] 4� V� N V] V] V] V{ •n •n •n �n '/1 vi ' �S �l �l Yl o�000�do��ao0�ao�co��oo�oodrno��rornwwwevrnnv�oo�dc3ddoNvo�^o�dporn��doo�v��ntoorne ...-�N.....e�v,,v{u� c go4oC1N 19 19 d p0d0Q0o0d0 ov ov orI r� ov o1pv1VJN hv ' ViVpovNrnvPoH pvrI p#0�Q000 Q0 ppOdO Nonod�ndn olod�d spvn<r�-oo-n'dC`1 p�da drdo dtNdo � In r�ovt Nr o00000�pN N ov tla N .Pappon noN v A ooo � E+ z 7 �� U IOUEWo W� �c 00000 Off° O p x dddd¢ UUW2� 5 tl Huu W� O O 0 a,P [94 04�� Mjoouoz [ r `www xX555a3 5 bow 010-4, rlNN c7�u7c� Wn � W wigw> 00 to O uw L3@ 0 0o II --..J.. t� 000tlonnn 0.' 1 U Z2o"I HN o Q OU�E^[-"� Lll r, rl r]rl rJ rl rlN`j.Z 6Q4Q6zz d O � W UU �WF+I W � v. Ino 0000dod 666w Wii++11Wa, W �i i.�] �j y 3 1 ] s 7 1 I N r-1 �.+] V, Vs Q W rUU M M V}7 7DDO�„ F-------- V CJ� Vi p. r' UUUpC iJU V �y p,00 ou�55°° o��00 Q� ARRWJWIQA p� w � � t7 �i � o Uf.J UUUj�. Imo.�f� 'W W.. o'+-.pq �qr r h r r f rn tech vS ds In cnr�v� A�0� dd �Oi7C7 ¢ ODi104-cncn o�� G�tCFFF=I` r r r ��-1 �u��0 uuo,¢x�o�7o�Aoomnv��l�1�l�i�1�1�1��U�W�' �gl uuuuz�uu �p O-Wwq uAc7 wwoaoovJ n aww��a vvz�auaa5caz5x 00000�� zUz7�gr]CCn' �AWdQC¢7ot,U�Invsrn7Z7zZZE"E"t7DUW WW W awaaa d� ww OWVE W� w P [nnvnvJnn awwoo vJWozzw S -{7x1 7 5 55 00 0000D000¢d�"U c% wwa� ry�W F�Q[p (��FLFyWW xxxxxxxxwW� ?t� au�acd uv uw n �U �W �� aaawawaauu ua r 0000000 00 ¢ �Q AAAAAua anvHwmv wxQ z w� UUUUuuUUUUvv v 3[aar'�w WW as 00 uts VU UUCWJU Qk`a fk UU' UUUfUUUV UOoo��aaaa,...} cicici WWy>.�7 ��Q 5555555 00000<< pp azzz � Qzv nal 00 JJPJ,d d �� O o c�uF�ra 7 z0 aQtih v��"i nvvvv 7 1.... Jzw U �� Wi+. Intnv,cnrnvz 00 V Wu f� oO o�ia�� i �aWw f+ -f i,3 H0, `.'"q¢c:��•u�� x0.0 �0,.1,4,100C��ilrnl�i}c�., ¢oQg�o z 3¢33p34¢�� Jn 00000� " X5333 zo Q o��c�oWox�Ha �anoa0000��oo y zzow00 a,o.o.oaya�Wvanvv�vvn p 0'��3333 ¢¢¢ ti a F ro r^y N N hl N N N N N N C€ N N N C€ N N rk N N N CE N N N N N N N N N N CI Ck N CI N N CI CI N N N N N N N N N N N N N N N N N N N fl N N fI N N N N rl O O p P O p O p p 0 0 0 0 p O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 n n d n n n O o 0 0 0 0 0 0 o p p p p p p p p p 0 0 Ra 1N ��GGL.iCJC��' o � ��+v.v,nmb�bbbobomI�r{GeSLS' 9 SbS�J SSS'�oELSlI!�,S S, S, �ni�n�nCn�nCn�n nnr V P. odod0000n00000nononntlnodnn000n00000poaa0000000000000000�000000000000 v pLx-, $ 7.; � g6 tT � � In i IQni Qui � T Obi Qbi Qni I-6, Qui O O O O O O O O O O O O O O O -- b,O----,O U� -- V' - V' b ----- - b -- yr - b bb,O b -,O �n - -'6411 i t t��1J i ic�yy "�1 i i^ t�1 ^�'J [�} i irrk� irk <II�� In i�n i i mire i�� i��€€ iI� [^^ i+1 '��JJ �A w1 wJ i J w 'tt�� w^�J 'ten�J tt�� 1 �J ��yy IaInn " i^ i�} i rr� a C� C1 C1 CI ri C rF C1 ri ri C! C� ri CE N C1 C] C1 C€ C1 C] C] N C1 rl C1 C! f4 <V CI CJ hl hE CI C1 h� N r1 I`I C! f`I C7 ri fE Ci C1 f`1 !`] C,l Ci Ro�oo�o `ao^oon°o`o �v�000n-0-'-- e ° ��r lw00000�mQn °n6 nQnO� °ry npgoonwrn °r �a vIR�s n nt ntpo n1° vl o c6rnoocd ��onnvl��ri.-+ori vi od rri r;t��ri In 10 M -In M C 4- In (—a P �I� mto ��n'vrn•-i* w IR 00000 O rv+--� r 000 O O'+ -+O �O � 00 000000 O O O 0000 0000 O Q 00 POO O QOP O Q OO O P 0000 AA 6 6 6 6 6 000bP13IS-- s .-.rdddodddddd4o866g,h b16�.bf�t��jA b .-'..-' Wit- 1L4 A6 A 6 d� tided oe b,6,6,6,6 ej n n n �-+ vi N !` V <R l� 0 0 0 t~ 0 0 0 0 0 0 0 0 0 i� O Z• 0 0 0 0 0 0 0 f f Cts its f 1+� Y� Y} Vl O O O Q O h O Q 0 0 0 0 0 V h 0 0 0 .p in ct dt d' tfro� 11 M < M H -+ "MMM fR '+ �_ -+ '+ ^' '+ th fR V a ri ri N_ N_ N CI C1 C� n_ hi rE C1 C{ C] C] N N N N N N N N 11 f 1 N ry N rl rl f J f 1 f 1 ri V V V h CI N N C� V1 Y��3 tlVl N Vl try 'f/nl vl 'n h 'n h h h vl 'n 'n iMll h ' 1 h `/M5 'In In i/nY N NNN r1 N N CI CI N N N N rl N N N N CI CI N N N N N rl N NNN N t`i N CI CI ri {vni vRj vp �ddddddd� ooarnaoddddddddddddd dd z ddddddddddddddddddddddddododo0--Pddddddodd NOOOOOO�aMOTTNNNCl r4NN vrnr{�rlrnw000000000000n000dd0 nnddtlnnndnnntlndnnNNN 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 dddddddddOO.Atry000ppppppppd " o " d ' od " " ' d "d� d "ddddddddddddddd r^ f^��-� N N �?.Q [aim q� �n vF [n [n �n f� ono 0000go 0000000000000000000000000000 . opo oo��OnOdOv�1OOV3 VV�1 Vl �'/t [np'000OOOh V~V��OOOOOOOOOOOOOOOOOOOOOO00000000000000006 ww w:n UU UU a z 0 ? W D o W UVj v ¢ 0J N [yy= Eyi Cpl R C7 C7 W �� Od UUDUoL�"A In� Q W 4dza DQddoC 44x 7 ¢ 0 a 'o0 a oma nn 77DU t5 c7 W n } v�W a ¢¢o n w �a a P,o,9:T w w� ...10 '.G��O`nOorlw�� OOOO��COQ�o�Op� ot'+r•iUWV��'x a 7 p zz z0 ry [ c7 t7e wwa OaV7 iFi n nv V V n Oy n V [J tr y p, 0.r, [n [n TUU !-{UU V UU U7U Q'UMU W M M Vp1UUa C7�`�` [Ey F[yp aql'�{� 0. r, V U(�U Up�p�''.+�.�+�A�ttG77 [w[�]]�P��4-11 FSA pA�7 P' ,FQa7W UUU �l OUOU007VU J��WWWW@ UE-•f?0��6��5$33� tC ��iG� W�pN �q ��N��ICn�rpn W.. OvrvJUVUU�IW��zln6vs�Ininln zz u chi F" RAoo a v a'�aAwo aaaa&ioow owas ¢ C�LA1�u s ° u ° ww u3{iaa.c+,a.n. .a aha¢ .a.-1aaa,o.vlU00000 i-,, R, o.3:MM�aaw.WWWWwAARAW ui 07'f�i>aP,P,P,.a.waPwP,P.AA,4,1a.wWs w z oD In�; 7 �F O O [--° O rn In V7 V � V U �� Inln 2to to ��ai z U zz7-. o��s�¢ 3333 0 uucwi0 000 ��wvDvl1vovJJ �U �� ciago oR C7gQ 46 -u � AA SAA AAUUUUUU�v� � 0 00 224,S> � ��4��¢��¢�� mna n n O Oa a1zL7c7C7c� Ft -0 I i V R�a� 000000 U UUU w°vlus3wwPi 300u �a 0pop;;ofw--1tpw��no��VUjj-ca!��W {�F" ?P f' Uµ� FC1 vJ zn rn In 00UUUUUUw .qk .¢a00ddWWG� P4 C7 C7�.0--. M G f=u+WDS ?5>; 05+1000 CYUVUAC1Cl[lAc7>-:.; �z�000000nrnin >wwwwa.c, ��iv,a,a,a<ac.n.a.a.n.c+.c.r3.c+.n.cnncn U A N NNNNN r4 rl CIN CI ri N N N r7 rl N ] N N I N N N N N N NNN N g N N N N N N N rl N M N hl N N N C! N N N Cl N CI N N N N N N CI N N hl pl N N N N N hI Cl hl O O tl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 P P P Q O g o P P p P P P p, p o o p o 0 0 0 0 0 0 0 0 0 0 o p o 0 0 o p o o g p p p p <n M M <n <n In [A M M M IR M MIR fn fn fR M M fR tR to to In <n M m to to M M to <n fn r3 T O. .... w ww— ;� n� �nn n�.0_0000 O O p 00000 O 00��00 �0 000 00000 P PO P o �� i �l .-i .v .r .-v .v .v .<.-. .y .-. .y .-. .r .v .r.y.r.y .-..r 24 O O O O P O P P o 0 0 0 0 0 0 0 0 o d d n tl n tl n d d n n tl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 odd 0 0 o n N N rl rl I N NNN N N N N N N r{ N N N z syyn N M h M h h n .n [n v�}}1 Vl �n Vl Vl �n Vt Vl .n v1 Yl Yl Yl +n Yl [n Vl Vt *n N N ri CSOOO�CS OOPQ P OOPQOO QOP000�000� 00000 U CkMW Q �€?i=nnn n nn `n° nnnn l�h Od000 VJOOO OOOOOOOOOOPP 00 QP600 Q0000000000000 O O O T - .-s .ryry....t-�i .t-�i Tt�. ,.r..� .rr.�� .r�n� .� .� .�R .r.� ...r.} .-.y .W ^�.l.�-1, ^^..��-}} .�1+ .��+1l �-..., .�-l..-i .^r .-..< .ma�yy 4 ,1CIf`ICInnr,7Cl'm II1 q l,IIICF,IIn 1IIIn(I ,—Ib'3r1CiClClClC'3r nnl,lRARARRAARRRAAAAAAAARAAARAAAAARAAARRRwWW � rnrl w�norn..Noornmrn vofnnno�nrnarno, ori co -�afn J�ari l��ocr �ti snrnra �n co oeoe}}ri v•d vivvtr f�ao mfn ]fi OIn n -0 4n'� In [ M 69 o �n vl000n0000anaoanv�nnnnnnnnnn�on o Qinoonnonnnnnnnon rnnn0000nnnoovnio o �'�0000nnnnan000n�00000a0000 ;o a� nfnfnfn ndddddfnIn �l 0000000000nd000n doo o o 0000'0000{-] to [n to [R "f1-Inca'J a'na- In- aaaa'n—,'y--�—.-I d 'G h h Y} V1 N VI h >n h h Vt Vl V1 h Vl N h 41 h h h V� Y1 Vl Vl h h G d dodo z IIn8Sdd000 000ddodd o td N h [n [n fn In M M fn fn fn fn M W o adad��hd��hh�d� oo00TI?T-P`TTl 0 '+ C C N Cl CI f 1" f l" f"1 Ci CI fel CI f 1 C] CI CI 6� P P P P P P P O P O 'V 7 fA al ,fan,' 'O O In IM •pq fii 'w�'a'i c'114.4 IAARwxfn �' -11 73 wwr"mm,o�t.aWwm..lw lil jo ICpam 'i'lt"i f�i a�lw��m� �i3 wP rouu 000n000000nnnonno' Vi44 VI 444 V_I V7 V]V_] V] Vi V_iN V]IA Vq Q00000000004QQOOQQ�� ¢ u uu U u u u uuuuuuuuuu u�� 00000'00000000000oG7 f�F7 C7 F7F7 €�F: wmfn fn vl fa Jn ... d N N r l N N N N N N r l N N N N N N N N N N N N N N C F N CIN N C] �n0000000000annnanoonnnnnnannno �, LLLLLLLLZLLLLLLLLLL�L^LLL^�L'�LLf� Af O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 L 'fl N—N_--N_ClN--NN � �i �] �1 �J �l �l �1 �1 �I �F �i NI ^1 ^l �1 �I ^1 �1 � � � ❑ � � � ❑ � fy p d O O ' www... a a i4 W � W ill W W C7 W W W ts? W W W W lJ2 V.3 W I�-� [- � H Honorable Mayor and Members of the City Council Rose Tam, Director of Finance February 17, 2021 Treasurer's Report — December 2020 i±. SUMMARY Attached is the Treasurer's Report for the month of December 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 December 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: v�aL�r' DATE: ko SUBJECT: JANOa Honorable Mayor and Members of the City Council Rose Tam, Director of Finance February 17, 2021 Treasurer's Report — December 2020 i±. SUMMARY Attached is the Treasurer's Report for the month of December 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 December 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 12/31/2020 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET F� DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE 11 State of California Local Agency Investment Fund (LAIF) 33,795,665.40 Cash with Bank of the West City Checking 2,618,514.61 Money Market Plus 42,689.14 City -Including General Fund & all other Special Revenue Funds 0.540% Varies Varies $ 26,772,390.23 $ 26,772,390.23 $ 26,772,390.23 $ 26,772,390.23 Housing Authority 0.540% Varies Varies 14,057.46 14,057.46 14,057.46 14,057.46 26,786,447.69 26,786,447.69 26,786,447.69 26,786,447.69 Certificate of Deposit Citibank National Association (Mutual Securities) 2.65% 1/2512019 1/25/2021 250,000.00 250,000.00 250,000.00 250,450.00 250,000.00 250,000.00 250,000.00 250,450.00 US Bank - Debt Service Trustee Accounts Fiscal Agent Funds (TrusVDebt Service Fund) Varies Varies Varies 6,759,208.07 6,759,208.07 6,759,208.07 6,759,208.07 Fiscal Agent Funds - Successor Agency (Trust/Debt Service Fund] Varies Varies Varies 9.64 9.64 9.64 9.64 6,759,217.71 6,759,217.71 6,759,217.71 6,759,217.71 $ 33,795,665.40 $ 33,795,665.40 $ 33,795,665.40 $ 33,796,115.40 Total Investments $ 33,795,665.40 Cash with Bank of the West City Checking 2,618,514.61 Money Market Plus 42,689.14 City Miscellaneous Cash 63,102.04 Successor Agency 167,870.30 Housing Authority 497,551.73 Financing Authority 11,700.00 Total Cash with Bank of the West 3,401,427.82 Investment Brokerage Capital Reserves (Divdend Option Cash) 257,688.99 Total Cash and Investments $ 37,454,782.21 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 Commission of the City of Baldwin Park". There was one investment maturity and no purchase transactions made for the month of December 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: Rase Tt1tt1 Director of Finance ITEM NO. 3 TO: Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy City Clerk DATE: February 17, 2021 SUBJECT: Meeting Minutes SUMMARY The City Council held a Special City Council Meetings on Special Meeting of December 2, 2020, December 7, 2020, December 16, 2020, January 6, 2021, January 20, 2021, January 28, 2021, and February 3, 2021. RECOMMENDATION Staff recommends that the City Council approve meeting minutes for the following City Council Meetings: Special Meeting of December 7, 2020 Special Meeting of December 16, 2020 Special Meeting of January 6, 2021 Special Meeting of January 20, 2021 Special Meeting of January 28, 2021 Special Meeting of February 3, 2021 FISCAL IMPACT There is no fiscal impact associated with this item. BACKGROUND Not applicable ALTERNATIVES Not applicable LEGAL REVIEW This report does not require legal review. ATTACHMENTS 1. Special Meeting of December 7, 2020 2. Special Meeting of December 16, 2020 3. Special Meeting of January 6, 2021 4. Special Meeting of January 20, 2021 5. Special Meeting of January 28, 2021 6. Special Meeting of February 3, 2021 MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING December 7, 2020, 5:30 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 This meeting was conducted via teleconference in accordance with Governor Newsom's Executive Order N-25-20. Audio Streaming was made available to the public at: https://www.youtube.com/channel/UCFLZO dDFRiy59rhiDZ13Fg/featured?view as=su hscriber CALL TO ORDER The meeting was called to order at 5:32 PM by Mayor Estrada. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Estrada. ROLL CALL PRFSFNT- Council Member Danny Damian Council Member Paul C. Hernandez Council Member Monica Garcia Mayor Pro Tern Alejandra Avila Mayor Emmanuel J. Estrada PUBLIC COMMUNICATIONS Mayor Estrada opened Public Communications at 5:35 PM. Mayor Estrada inquired whether any public comments were received. City Clerk Garcia announced one caller Greg Tuttle. Greg Tuttle congratulated Mayor Estrada and Council Member Daniel Damian for their victory on the election. Additionally, Mr. Tuttle commented on the lack of experience from consultants overseeing cannabis businesses; the Interim Chief of Police's response time to reply to emails; requested the City Council educate the public on COVID-19 to treat it as if it were a severe flu; and expressed concerns regarding the City Attorney's duties. Mayor Lozano closed Public Communications at 5:35 PM. OPEN SESSION • Update on City COVID Response Presented by City Staff Special Meeting of 12/7/20 Page 1 of 4 Chief Executive Officer Shannon Yauchzee provided an overview on the current stay at home order and enforcement; police deployment, assisting renters, and housing needs. The City Council requested staff place messages on social media to ensure residents are receiving updates and the information. • Update on Housing Law Presented by Community Development Staff Director of Community Development Ben Martinez provided an overview on the protections in place for renters and landlords as well as AB3088 and the assistance his department is providing to the residents in ensuring they are housed. City Attorney Robert N. Tafoya commented on the current securities provided to residents of Baldwin Park due to Ordinances, Resolutions and the State of California forbearance program to homeowners and renters approved by government. The City Council requested staff provide additional information at a later time during a study session. The City Council recessed into closed session at 6:45 PM. RECESS TO CLOSED SESSION 1. Public Employee Appointment Pursuant to Government Code §54957: Position: Chief of Police Recruitment 2. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: BP Tale Corp. v. Rukli, Inc. Case Name: Herrera v. City of Baldwin Park Case Name: City of Baldwin Park v. McLean Case Name: Hadsell v. City of Baldwin Park Case Name: Salcedo v. City of Baldwin Park Case Name: John Doe 1 v. John Doe S.V Case No. 19STCV41708 Case No. 20STCV11521 Case No. 20STCV25341 Case No. BC548602 C.F _ _rem Case No. 20STCV37963 3. Real Property Negotiations Pursuant to Government Code §54956.8: A. Property: 4150 Puente Avenue (CAN 17-06) Special Meeting of 12/7/20 Page 2 of 4 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. Special Meeting of 12/7/20 Page 3 of 4 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: Negotiating Parties N. Property: Negotiating Parties O. Property: Negotiating Parties 1516 Virginia Avenue (CAN 17-30) City of Baldwin Park and David Ju DJCBP Corp., dba Tier One Consulting 14551 Joanbridge Street (CAN 17-02) City of Baldwin Park and Tony Fong Baldwin Park Tale Corp. 5018 Lante Street City of Baldwin Park and Robert Gray Distinct Indulgence, Inc. 4. 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): Nine (9) The City Council reconvened into open session at 11:54 PM. REPORT ON CLOSED SESSION Mayor Estrada announced no reportable action was taken. ADJOURNMENT There being no further business, motion was made by Mayor Estrada seconded by Council Member Hernandez, to adjourn the meeting at 11:55 PM. Emmanuel J. Estrada, Mayor ATTEST: Marlen Garcia, City Clerk /_1NW_09 :11 Special Meeting of 12/7/20 Page 4 of 4 MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING December 16, 2020, 5:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 This meeting was conducted via teleconference in accordance with Governor Newsom's Executive Order N-25-20. Audio Streaming was made available to the public at: https://www.youtube.com/channel/UCFLZO dDFRjy59rhiDZ13Fq/featured?view as=su bscriber CALL TO ORDER The meeting was called to order at 5:04 PM by Mayor Estrada. ROLL CALL PRESENT: Council Member Danny Damian Council Member Paul C. Hernandez Council Member Monica Garcia Mayor Pro Tem Alejandra Avila Mayor Emmanuel J. Estrada PUBLIC COMMUNICATIONS Mayor Estrada opened Public Communications at 5:05 PM. Mayor Estrada inquired whether any public comments were received. Chief Deputy City Clerk Morales stated one speaker requested to comment; speaker did not answer the call. Seeing no comments received, Mayor Lozano closed Public Communications at 5:07 PM. OPEN SESSION • CIP Presentation Presented by Director of Public Works Sam Gutierrez Director of Public Works Sam Gutierrez provided an overview of the CIP projects. The City Council provided suggestions and input and thanked Mr. Gutierrez for his work on the Safe Routes to School Improvements and the enhancements his team is making. The City Council recessed into closed session at 5:23 PM. RECESS TO CLOSED SESSION 1. Public Employee Appointment Special Meeting of 12/16/20 Page 1 of 4 Pursuant to Government Code §54957: Position: Chief of Police Recruitment 2. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: BP Tale Corp. v. Rukli, Inc. Case Name: Herrera v. City of Baldwin Park Case Name: City of Baldwin Park v. McLean Case Name: Hadsell v. City of Baldwin Park Case Name: Salcedo v. City of Baldwin Park Case Name: John Doe 1 v. John Doe S.V Case No. 19STCV41708 Case No. 20STCV11521 Case No. 20STCV25341 Case No. BC548602 Case No. BC676398 Case No. 20STCV37963 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. Special Meeting of 12/16/20 Page 2 of 4 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: Negotiating Parties: N. Property: Negotiating Parties O. Property: Negotiating Parties: 1516 Virginia Avenue (CAN 17-30) City of Baldwin Park and David Ju DJCBP Corp., dba Tier One Consulting 14551 Joanbridge Street (CAN 17-02) City of Baldwin Park and Tony Fong Baldwin Park Tale Corp. 5018 Lante Street City of Baldwin Park and Robert Gray Distinct Indulgence, Inc. P. Property: Right of Way Director's Deed DD 980097-01-01 Negotiating Parties: City of Baldwin Park and Caltrans Roadside Park 4. Conference With Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Special Meeting of 12/16/20 Page 3 of 4 Potential Case(s): Three (3) The City Council reconvened into open session at 7:28 PM. REPORT ON CLOSED SESSION City Attorney Robert A. Tafoya announced no reportable action was taken. ADJOURNMENT There being no further business, motion was made by Mayor Estrada seconded by Council Member Hernandez, to adjourn the meeting at 7:32 PM. Emmanuel I Estrada, Mayor ATTEST: Marlen Garcia, City Clerk "TIUMOTSIM"s Special Meeting of 12/16/20 Page 4 of 4 MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING January 6, 2021, 5:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 This meeting was conducted via teleconference in accordance with Governor Newsom's Executive Order N-25-20. Audio Streaming was made available to the public at: https://www.youtube.com/channel/UCFLZO dDFRjy59rhiDZ13Fq/featured?view as=su bscriber CALL TO ORDER The meeting was called to order at 5:06 PM by Mayor Estrada. ROLL CALL PRESENT: Council Member Danny Damian Council Member Paul C. Hernandez Council Member Monica Garcia Mayor Pro Tem Alejandra Avila Mayor Emmanuel J. Estrada PUBLIC COMMUNICATIONS Mayor Estrada opened Public Communications at 5:07 PM. Mayor Estrada inquired whether any public comments were received. Chief Deputy City Clerk Morales called the following speakers: Greg Tuttle made comments concerning City Attorney Robert N. Tafoya's contract, lawsuits, and current investigation and City Attorney Medina. Additionally, Mr. Tuttle commented on the home of former Mayor Lozano's father and requested the City Council hire new management. Seeing no comments received, Mayor Estrada closed Public Communications at 5:15 PM. OPEN SESSION • None The City Council recessed into closed session at 5:15 PM. RECESS TO CLOSED SESSION 1. Public Employee Appointment Pursuant to Government Code §54957: Special Meeting of 1/6/21 Page 1 of 4 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: BP Tale Corp. v. Rukli, Inc. Case Name: Herrera v. City of Baldwin Park Case Name: City of Baldwin Park v. McLean Case Name: Hadsell v. City of Baldwin Park Case Name: Salcedo v. City of Baldwin Park Case Name: John Doe 1 v. John Doe S.V Case Name: John Rios v. City of Baldwin Park Case No. 19STCV41708 Case No. 20STCV11521 Case No. 20STCV25341 Case No. BC548602 Case No. BC676398 Case No. 20STCV37963 Case No. 19STCP05465 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, RUKL1, 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. Special Meeting of 1/6/21 Page 2 of 4 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: Negotiating Parties N. Property: Negotiating Parties O. Property: Negotiating Parties 1516 Virginia Avenue (CAN 17-30) City of Baldwin Park and David Ju DJCBP Corp., dba Tier One Consulting 14551 Joanbridge Street (CAN 17-02) City of Baldwin Park and Tony Fong Baldwin Park Tale Corp. 5018 Lante Street City of Baldwin Park and Robert Gray Distinct Indulgence, Inc. 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 Special Meeting of 1/6/21 Page 3 of 4 Employee Organizations: Service Employee International Union (SEIU) 5. Conference With Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Six (6) The City Council reconvened into open session at 10:40 PM. Council Members Garcia and Hernandez departed the meeting at 10:39 PM. REPORT ON CLOSED SESSION City Attorney Robert N. Tafoya reported the City Council approved a settlement agreement with Rukli Inc. 4/1; with assenting votes from Council Members' Damian, Garcia, Hernandez, Mayor Pro Tem Avila and an abstention vote from Mayor Estrada. ADJOURNMENT There being no further business, motion was made by Mayor Estrada seconded by Council Member Damian, to adjourn the meeting at 10:42 PM. Emmanuel J. Estrada, Mayor ATTEST: Marlen Garcia, City Clerk Special Meeting of 1/6/21 Page 4 of 4 MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING January 20, 2021, 5:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 This meeting was conducted via teleconference in accordance with Governor Newsom's Executive Order N-25-20. Audio Streaming was made available to the public at: https://www.youtube.com/channel/UCFLZO dDFRjy59rhiDZ13Fq/featured?view as=su bscriber CALL TO ORDER The meeting was called to order at 5:12 PM by Mayor Estrada. ROLL CALL PRESENT: Council Member Danny Damian Council Member Paul C. Hernandez Council Member Monica Garcia Mayor Pro Tem Alejandra Avila Mayor Emmanuel J. Estrada PUBLIC COMMUNICATIONS Mayor Estrada opened Public Communications at 5:13 PM. Mayor Estrada inquired whether any public comments were received. City Clerk Garcia stated no comments were received. Seeing no comments received, Mayor Estrada closed Public Communications at 5:14 PM. OPEN SESSION • Eviction Laws Status Update Presented by Director of Community Development Ben Martinez Director of Community Development Ben Martinez provided an overview concerning the services provided by the department such as referring residents to the appropriate agencies concerning evictions. Attorney Anthony Willoughby addressed the rent laws in the State of California concerning renter's rights as well as landlords rights; provided recent changes in AB 1482 and exceptions. Additionally Mr. Willoughby provided an overview of the City's rent stabilization, rent increases, landlord's rights, just cause evictions, penalties and the Statewide response provided by AB3088. Special Meeting of 1/20/21 Page 1 of 5 The City Council further discussed their concerns and comments. The City Council recessed into closed session at 5:35 PM. The City Council reconvened into open session 7:31 PM into the City Council Regular Meeting. The City Council recessed into closed session at 10:21 PM. 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 Name: City of Baldwin Park v. McLean Case Name: Hadsell v. City of Baldwin Park Case Name: John Doe 1 v. John Doe S.V Case Name: John Rios v. City of Baldwin Park Case No. 20STCV11521 Case No. 20STCV25341 Case No. BC548602 Case No. 20STCV37963 Case No. 19STCP05465 Case Name: City of Baldwin Park v. City of Irwindale Case No. BS163400 Case 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. Special Meeting of 1/20/21 Page 2 of 5 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. Special Meeting of 1/20/21 Page 3 of 5 M. Property: Negotiating Parties N. Property: Negotiating Parties O. Property: Negotiating Parties 1516 Virginia Avenue (CAN 17-30) City of Baldwin Park and David Ju DJCBP Corp., dba Tier One Consulting 14551 Joanbridge Street (CAN 17-02) City of Baldwin Park and Tony Fong Baldwin Park Tale Corp. 5018 Lante Street 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) The City Council reconvened into open session at 10:42 PM. REPORT ON CLOSED SESSION City Attorney Robert N. Tafoya announced no reportable action was taken. ADJOURNMENT There being no further business, motion was made by Mayor Estrada seconded by Mayor Pro Tem Avila, to adjourn the meeting at 10:43 PM. Special Meeting of 1/20/21 Page 4 of 5 Emmanuel J. Estrada, Mayor ATTEST: Marlen Garcia, City Clerk Special Meeting of 1/20/21 Page 5 of 5 MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING January 28, 2021, 5:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 This meeting was conducted via teleconference in accordance with Governor Newsom's Executive Order N-25-20. Audio Streaming was made available to the public at: https://www.youtube.com/channel/UCFLZO dDFRjy59rhiDZ13Fg/featured?view as=su bscriber CALL TO ORDER The meeting was called to order at 5:09 PM by Mayor Estrada. ROLL CALL PRESENT: Council Member Danny Damian Council Member Monica Garcia Council Member Paul C. Hernandez Mayor Pro Tem Alejandra Avila Mayor Emmanuel J. Estrada PUBLIC COMMUNICATIONS Mayor Estrada opened Public Communications at 5:10 PM. Mayor Estrada inquired whether any public comments were received. Chief Deputy City Clerk Morales called a speaker requesting to comment. Speaker did not answer. Seeing no comments received, Mayor Estrada closed Public Communications at 5:13 PM. OPEN SESSION • None The City Council recessed into closed session at 5:13 PM. RECESS TO CLOSED SESSION 1. Public Employment Appointment Pursuant to Government Code §54957: Position: Chief of Police The City Council reconvened into open session at 6:55 PM. Special Meeting of 1/28/21 Page 1 of 2 REPORT ON CLOSED SESSION City Attorney Robert N. Tafoya stated no reportable action was taken. ADJOURNMENT There being no further business, motion was made by Mayor Estrada seconded by Mayor Pro Tem Avila, to adjourn the meeting at 6:56 PM. Emmanuel J. Estrada, Mayor ATTEST: Marlen Garcia, City Clerk Special Meeting of 1/28/21 Page 2 of 2 MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING February 3, 2021, 5:30 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 This meeting was conducted via teleconference in accordance with Governor Newsom's Executive Order N-25-20. Audio Streaming was made available to the public at: https://www.youtube.com/channel/UCFLZO dDF iy59rhiDZ13Fq/featured?view as=su hcr.rihPr CALL TO ORDER The meeting was called to order at 5:36 PM by Mayor Pro Tem Avila. Rr)1 I r_AI I PRF.qFNT- Council Member Danny Damian Council Member Paul C. Hernandez Council Member Monica Garcia Mayor Pro Tem Alejandra Avila Mayor Emmanuel J. Estrada PUBLIC COMMUNICATIONS Mayor Estrada opened Public Communications at 5:37 PM. Mayor Estrada inquired whether any public comments were received. Chief Deputy City Clerk Morales stated no comments were received. Seeing no comments received, Mayor Estrada closed Public Communications at 5:37 PM. OPEN SESSION • None The City Council recessed into closed session at 5:38 PM. The City Council reconvened into open session 7:28 PM into the City Council Regular Meeting. The City Council recessed into closed session at 8:54 PM. Special Meeting of 2/3/21 Page 1 of 4 RECESS TO CLOSED SESSION 1. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: City of Baldwin Park v. City of Irwindale Case No. BS163400 Case 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 Case Name: Herrera v. City of Baldwin Park Case Name: City of Baldwin Park v. McLean Case Name: Sandoval v. City of West Covina Case Name: Aguilar v. City of Baldwin Park Case Name: John Doe 1 v. John Doe S.V Case Name: John Rios v. City of Baldwin Park Case No. 20STCV11521 Case No. 20STCV25341 Case No. 20STCV17053 Case No.215TCV00193 Case No. 20STCV37963 Case No. 19STCP05465 2. 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 Special Meeting of 2/3/21 Page 2 of 4 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: Negotiating Parties N. Property: Negotiating Parties O. Property: Negotiating Parties 1516 Virginia Avenue (CAN 17-30) City of Baldwin Park and David Ju DJCBP Corp., dba Tier One Consulting 14551 Joanbridge Street (CAN 17-02) City of Baldwin Park and Tony Fong Baldwin Park Tale Corp. 5018 Lante Street City of Baldwin Park and Robert Gray Distinct Indulgence, Inc. Special Meeting of 2/3/21 Page 3 of 4 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) 3. 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) 4. 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): Four (4) 5. Public Employment Appointment Pursuant to Government Code §54957: Position: Chief of Police The City Council reconvened into open session at 9:53 PM. REPORT ON CLOSED SESSION City Attorney Robert N. Tafoya announced no reportable action was taken. ADJOURNMENT There being no further business, motion was made by Mayor Estrada seconded by Mayor Pro Tem Avila, to adjourn the meeting at 9:54 PM. Emmanuel J. Estrada, Mayor ATTEST: Marlen Garcia, City Clerk Special Meeting of 2/3/21 Page 4 of 4 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 DATE: February 17, 2021 SUBJECT: Ratify and Adopt a Resolution to Update the City of Baldwin Park Job Classification Plan by Adding a New Position of Community Services Supervisor; and Update the City of Baldwin Park Comprehensive Pay Schedule in Accordance with Cal PERS Established Guidelines SUMMARY This report is requesting City Council consideration and adoption of resolutions approving the job classification plan, as modified in accordance with applicable rules and regulations. The updated job classification plan includes the deletion of one (1) Program Supervisor and the addition of a Community Services Supervisor position to the Department of Recreation and Community Services. City Council approval is also being requested to update the comprehensive pay schedule to reflect the new salary schedule of the Community Services Supervisor in compliance with Cal PERS established guidelines. Recommendation Staff recommends that the City Council: 1. Approve, Ratify and Adopt Resolution No. 2021-003 authorizing an amendment to the job classification plan by deleting one (1) Program Supervisor and adding a new position of Community Services Supervisor; and 2. Approve, Ratify and Adopt Resolution No. 2021-004 approving the Comprehensive Pay Schedule reflecting the salary range of the Community Services Supervisor; and 3. Authorize the Finance Director to complete the budget amendments and appropriations and make any necessary adjustments. Fiscal Impact There will be minimal impact to the General Fund. Staff will explore funding opportunities and future grants to offset the cost of the position whenever possible. Background The Community Services Supervisor will have dual responsibility for managing both recreational programs and managing a very complex multi -jurisdictional homeless program effort. This position will routinely interface directly with the Los Angeles Continuum of Care, Los Angeles Homeless Services Authority, San Gabriel Valley Council of Governments, Los Angeles County and other agencies. Homelessness in the City of Baldwin Park and other surrounding cities in the San Gabriel Valley has been an ongoing problem. The COVID 19 pandemic has caused this problem to escalate making it increasingly challenging for cities and counties throughout the nation. Having the tools and resources to actively address issues of homelessness is critical and it is an important priority for the City of Baldwin Park. The creation of this new position is a major step in the right direction. This new position unquestionably represents the City's commitment to provide important resources and staffing to combat a growing problem which has plagued our communities. Alternatives The alternative is to request further review of the proposed job classification and Benefits Matrix. Legal Review This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Resolution No. 2021-003 updating the job classification plan to delete one (1) Program Supervisor and the addition of a new position of Community Services Supervisor 2. Resolution No. 2021-004 updating the Comprehensive Pay Schedule in accordance with Cal PERS guidelines EXHIBITS A. Class Specification for Community Services Supervisor B. City of Baldwin Park Salary Schedule RESOLUTION NO. 2021-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING A NEW JOB CLASSIFICATION PLAN IN ACCORDANCE WITH APPLICABLE RULES AND REGULATIONS. WHEREAS, the City of Baldwin Park, has created a new position of Community Services Supervisor; and WHEREAS, one (1) Program Supervisor position has been deleted from the job classification plan; and WHEREAS, the class specification for Community Services Supervisor has been created to reflect the essential duties, responsibilities, competencies and minimum qualifications; and WHEREAS, the City of Baldwin Park has attached the class specification referred to as Exhibit A. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: Section 1. The City Council of the City of Baldwin Park meeting in a regularly scheduled session, hereby adopts the creation of a new position of Community Services Supervisor and approves the deletion of one (1) Program Supervisor, and adopts the Job Classification Plan, as modified to be effective February 17, 2021, attached here to as Exhibit A. PASSED, APPROVED, AND ADOPTED this 17th day of February 2021. EMMANUEL ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2021-003 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on February 17, 2021 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: lK6jWjn,0jRVAT%TAr;TW:7Rj ABSTAIN: COUNCIL MEMBERS: MARLEN GARCIA CITY CLERK RESOLUTION NO. 2021-005 A RESOLUTION OF THE CITY COUNCIL TO ADOPT A SALARY RESOLUTION TO ESTABLISH A COMPREHENSIVE PAY SCHEDULE FOR ALL FULL TIME EMPLOYEES, PART TIME EMPLOYEES AND ELECTED OFFICIALS IN ACCORDANCE WITH CALPERS GUIDELINES. WHEREAS, California Employees Retirement System (CaIPERS) does require all government agencies to provide and make available to the public the salary of all full- time employees, part-time employees and Elected Officials in a single salary format specified by CaIPERS whenever salary adjustments are made; and WHEREAS, the City of Baldwin Park has created a seven step salary range for the Community Services Supervisor position and deleted one (1) Program Supervisor position; and WHEREAS, the City of Baldwin Park compiled the necessary salary data to create a single salary schedule required in compliance with the requirements of CaIPERS and has attached said report referred to as Exhibit C to this resolution as with the date, February 17, 2021. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park adopts CC Resolution No. 2021-005 to create the Comprehensive City of Baldwin Park Pay Schedule that includes pay rate information for all full-time and part-time employees as well as Elected Officials. PASSED, APPROVED, AND ADOPTED this 17th day of February 2021. EMMANUEL ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2021-005 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on February 17, 2021 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: lK6jWjn,0jRVAT%TAr;TW:7Rj MARLEN GARCIA CITY CLERK Pay Schedule CA Code of Regulations (CCR 570.5) Effective February 17, 2021 Rna, Number Title Annual Fixed Rate 60006 Mayor $7,200.00 60008 Citv Council $7,200.00 60001 w_dw_ City Clerk (Non -Certified) „o m $2,400.00 6 002 Treasurer $2,400.00 0002 v.. Cit�r Trm_ . o dv_d_dv_dv_dv_dv_dv_dv_dv_dv_dv_dv_dv_dv_dv_dv_dv 10005 Cit Commissioner Per Meetin $50.00 w_dw_ Housing Authority (Per Meetincq) $30.00 Job Number Title Annual Monthly Hourly 20001 Chief Executive Officer $250,744.77 $20,895.40 $120.55 20092 .................... Director of Recreation & CommunitV Services $183,921.46 $15,326.79 $88.42 20094 Director of Finance $184,267.64 $15,355.64 $88.59 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 20096 Chief of Police annual $200,289.88 $210,304.38 $220,819.60 $231,860.58 $243,453.60 — - ---------------------------------------------------------- - monthly $16,690.82 $17,525.36 $18,401.63 $19,321.71 $20,287.80 hourly $96.29 $101.11 $106.16 $111.47 $117.05 20096-A Interim Chief of Police annual $183,857.86 ------------------------------- monthly $15,321.49 hourly $88.39 20097 Director of Community Development annual $137,556.95 $144,434.79 $151,656.53 $159,239.36 $167,201.33 monthly $11,463.08 $12,036.23 $12,638.04 $13,269.95 $13,933.44 hourly $66.13 $69.44 0 $72.91 e $76.56 $80.39 20037 Director of Public Works annual $144,434.79 $151,656.53 $159,239.36 $167,201.33 $175,561.40 month/ $12,036.23 $12,638.04 $13,269.95 $13,933.44 $14,630.12 -- — ------------- hourly $69.44 $72.91 $76.56 $80.39 $84.40 Page 2 of 30 Adopted: February 17, 2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 31011 Accounting Mana er hours $45.62 $47.90 $50.30 $52.8_1 $55.45 ppp $58p.23 $61114 monthly $7,907.94 $8,303.33 $8,718.50 $9,154.43 $9,612.15 $10,092.75 $10,597.39 annual $94,895.25 $99,640.01 $104,622.01 $109,853.12 $115,345.77 $121,113.06 $127,168.71 31013 Assistant Police Chief ...... hours � ..... $65.47 $68.75 $72.18 $75.79 $79.58 � ... $83.56; _$_87.74 monthl $11,348.69 $11,916.12 $12,511.93 $13,137.53 $13,794.40 $14,484.12 $15,208.33 annual $136,184.28 $142,993.49 $150,143.17 $157,650.33 $165,532.84 $173,809.49 $182,499.96 31050 050Deputy� Chief Cit�r Clerk � � � hourly � � ww 3.89 � $33.89 - _$_35.59 � ��$37 p37 $_41.20 - �� $4326 monthl $5,595.26 $5,875.02 $6,168.78 $6,477.21 L��$39.24 $6,801.07 $7,141.13 $7,498.18 annual $67,143.13 $70,500.29 $74,025.30 $77,726.57 $81,612.90 $85,693.54 $89,978.22 31012 City Plannerppp ........... � ......................... hourly� ppppp _$43.83 ww $_46.02 $48.3_2 w $50.74 � pp$53.27 $55.94 $58.7_3 month l $7,596.94 $7,976.79 $8,375.63 $8,794.41 $9,234.13 $9,695.83 $10,180.63 annual $91,163.28 $95,721.44 $100,507.51 $105,532.89 $110,809.53 $116,350.01 $122,167.51 31081 Housing Manager hourly -month $4012 $42.12w..... $_44.23e $4644 $48 $51.20�� $53.76 $6,953.45 $7,301.12 $7,666.18 $8,049.49 $8,451.96 $8,874.56 $9,318.29 annual $83,441.43 $87,613.50 $91,994.17 $96,593.88 $101,423.581 $106,494.75 $111,819.49 31031Human Resources/Risk Manager hourly�www� ww $50.30 $52.881 $55.45 _$58.23 ww $61.14 $_64.20 $_67.41 monthly $8,718.49 $9,154.42 $9,612.14 $10,092.74 $10,597.38 $11,127.25 $11,683.61 annual $104,621.89 $109,852.98 $115,345.63 $121,112.91 $127,168.56 $133,526.99 $140,203.34 Page 3 of 30 Adopted: February 17, 2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 31041 Assistant Accountin Manager .______________________________ hours monthly annual $44.29 $7,677.65 $92,131.83 $46.551 $8,061.53 $96,738.42 $48.83 $8,464.61 $101,575.34 $51.28 $8,887.84 $106,654.11 ppp $53.84 $9,332.23 $111,986.81 pp $56.53 $9,798.85 $117,586.15 $59.36 $10,288.79 $123,465.46 31025 Building Official/Plan Check Supervisor hourly $44.46 $46.68 $49.02 $51.47 $54.04 $56.74 $59.58 monthly $7,706.54 $8,091.87 $8,496.46 $8,921.28 $9,367.35 $9,835.71 $10,327.50 annual $92,478.46 $97,102.39 $101,957.51 $107,055.38 $112,408.15 $118,028.56 $123,929.99 31010 Engineering Manager hourly $44.29 $46.50 $48.83 $51.27 $53.83 $56.53 $59.35 monthly $7,676.93 $8,060.77 $8,463.81 $8,887.00 $9,331.35 $9,797.92 $10,287.82 annual $92,123.14 $96,729.29 $101,565.76 $106,644.05 $111,976.25 $117,575.06 $123,453.81 31011 Public Works Maintenance Operations Manager hourly $ 37.09 $ 38.94 $ 40.89 $ 42.94 $ 45.08 $ 47.34 $ 49.70 monthly $ 6,429.00 $ 6,750.45 $ 7,087.97 $ 7,442.37 $ 7,814.49 $ 8,205.21 $ 8,615.47 annual $ 77,148.00 $ 81,005.40 $ 85,055.67 $ 89,308.45 $ 93,773.88 $ 98,462.57 $ 103,385.70 Page 4 of 30 Adopted: February 17, 2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 70052 Executive Secreta hours $22.p92 $24.07 $25.27 $26.54 $27.8_6 $29.26 $30.72 monthly $3,973.27 $4,171.93 $4,380.53 $4,599.55 $4,829.53 $5,071.01 IT $5,324.56 annual $47,679.21 $50,063.17 $52,566.33 $55,194.64. $57,954.37 $60,852.09 $63,894.70 70027 Human Resources Analvst IIhours $30.19 $31.70 $33.29 $34.9 5 $36670 $_38.53 w $40.46 monthlye $5,233.24 $5,494.90 $5,769.65 $6,058.13 $6,361.04 $6,679.09 $7,013.05 annual $62,798.91 $65,938.86 $69,235.80 $72,697.59 $76,332.47 $80,149.09 $84,156.55 Human Resources Analyst I ._..�._._....._.� hourly _$27.38 ��$4,746.70 _$28.7_5 _$30.19 _ $_31.70 ��$5,494.90 $_3_3.29 $34.95 $36.70 $4,984.04 $5,233.24 $5,769.65 $6,058.13 $6,361.04 annual $56,960.43 $59,808.45 $62,798.88 $65,938.82 $69,235.76 $72,697.55 $76,332.43 70022 Human Resources Technicianpp�ewwwwwwwwww .............. hourly�pppppppppp _$_23.38 _$24.855 $25.78 e _$_27.07 mm $28.42 $29.84� _$_31.33 month/ $4,052.59 $4,255.22 $4,467.98 $4,691.38 $4,925.95 $5,172.25 $5,430.86 annual $48,631.11 $51,062.67 $53,615.80 $56,296.59 $59,111.42 $62,066.99 $65,170.34 Page 5 of 30 Adopted: February 17, 2021 I 7 Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 80025 Accountant hour $26.19 $27.50 $28.88 $3032 $31.84 p $33.43 $3.10s 5 monthly $4,540.23 $4,767.25 $5,005.61 $5,255.89 $5,518.68 $5,794.62 $6,084.35 annual $54,482.81 $57,206.95 $60,067.30 $63,070.66 $66,224.20 $69,535.41 $73,012.18 42036 Administrative ClerkI hourly � _$_14.03 $14.73 _$15.47 $16.24 $17.005 $17.91 mm _$18.80 monthl $2,431.86 $2,553.46 $2,681.13 $2,815.19 $2,955.95 $3,103.74 $3,258.93 annual$29,182.36 $30,641.48 $32,173.56 $33,782.23 $35,471.34 $37,244.91 $39,107.16 42037 Administrative Clerk II� hour ............. $15.49 $16.26 $17.07 e $17.93 $18.82 $19.77 $20.75 monthl $2,684.33 $2,818.55 $2,959.48 $3,107.45 $3,262.82 $3,425.97 $3,597.26 annual $32,212.01 $33,822.61 $35,513.74 $37,289.43 $39,153.90 $41,111.59 $43,167.17 80039 Assistant Planner wp hourly $ 26.25 $ 27.56 $ 28.94 $ 30.39 $ 31.91 $ 33.50 $ 35.18 month l $ 4,550.00 $ 4,777.50 $ 5,016.38 $ 5,267.19 $ 5,530.55 $ 5,807.08 $ 6,097.44 annual $ 54,600.00 $ 57,330.00 $ 60,196.50 $ 63,206.33 $ 66,366.64 $ 69,684.97 $ 73,169.22 80040 Associate En ineerwwww � ppppppp _ _ _ _ hourly � ppppppppppppp � pp $31.28 e $32.8_4 ............................................ $34.48 $36.21 $38.02 _$39.92 $41.91 monthl $5,421.29 $5,692.35 $5,976.97 $6,275.82 $6,589.61 $6,919.09 $7,265.05 annual $65,055.48 $68,308.25 $71,723.66 $75,309.85 $79,075.34 $83,029.11 $87,180.56 80058 Associate Planner ww hommmrly $30.19 $31.70 $33.29 $34.95 $36.70 $38.53 $40.46 monthl $5,233.24 $5,494.90 $5,769.65 $6,058.13 $6,361.04 $6,679.09 $7,013.05 annual $62,798.91 $65,938.86 $69,235.80 $72,697.59 $76,332.47 $80,149.09 $84,156.55 80073 Building Inspector wwwwwwwwwww pppppp hourly $25.62 .............. $26.90 $28.24 -_ $29.65 5l-_. $31.14 5- $32.69 $34.33 monthl y $4,440.26 $4,662.28 $4,895.39 $5,140.16 $5,397.17 $5,667.03 $5,950.38 annual $53,283.17 $55,947.33 $58,744.69 $61,681.93 $64,766.02 $68,004.32 $71,404.54 80062 Buildin /Enaineerina Permit Technician hourly $18.54 $19.446 $20.44 $21.46 $22.53 $23.66 $24.84 monthl $3,213.00 $3,373.65 $3,542.33 $3,719.45 $3,905.42 $4,100.69 $4,305.73 annual $38,556.00 $40,483.80 $42,507.99 $44,633.39 $46,865.06 $49,208.31 $51,668.73 80033 Community Enhancement Officer hourly $22.09 $23.19 $24.35 $25.57 $26.85 $28.19 $29.60 monthl $3,828.77 $4,020.21 $4,221.22 $4,432.28 $4,653.90 $4,886.59 $5,130.92 annual $45,945.29 $48,242.55 $50,654.68 $53,187.41 $55,846.78 $58,639.12 $61,571.08 Page 6 of 30 Adopted: February 17, 2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 80065 Communiiiiiii1v Enhancement Swervisor houriv $28.95 $30.40 $31.92 $33.52 $35.19 $36.95 $38.80 80024 Community Services Supervisor hourly $ 32.29 $ 33.90 $ 35.60 $ 37.38 $ 39.25 $ 41.21 $ 43.27 Page 7of3O Adopted: February 17.2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 42048 Construction Clerk hourly $17.09 $17.95 $18.85 $19.79 $20.78 $21.82 $22.91 monthly .-My- $2,963.03 $3,111.18 $3,266.74 $3,430.08 $3,601.58 $3,781.66 $3,970.74 annual $35,556.34 $37,334.16 $39,200.87 $41,160.91 $43,218.96 $45,379.91 $47,648.90 80077 En �nn A,,,,ssistant hourly $24.95 $26.19 $27.50 $28.88 $30.32 $31.84 $33.43 month/ $4,323.88 $4,540.08 $4,767.08 $5,005.43 $5,255.71 $5,518.49 $5,794.42 annual $51,886.58 $54,480.91 $57,204.96 $60,065.21 $63,068.47 $66,221.89 $69,532.99 42045 .......... Finance Clerk hour! $17.10 $17.96 $18.85 $19.80 $20.79 $21.83 $22.92 monthly $2,964.29 $3,112.51 $3,268.13 $3,431.54 0 $3,603.12 $3,783.27 $3,972.44 annual $35,571.52 $37,350.10 $39,217.60 $41,178.48 $43,237.41 $45,399.28 $47,669.24 80026 Housing_!n�cto�r hourly $22.09 $23.19 $24.35 $25.57 $26.85 $28.19 $29.60 monthly $3,828.77 $4,020.21 $4,221.22 0 $4,432.28 $4,653.90 $4,886.59 $5,130.92 annual $45,945.29 $48,242.55 $50,654.68 $53,187.41 $55,846.78 $58,639.12 $61,571.08 42050 Housinq Specialist hourly $17.09 $17.95 $18.85 $19.79 $20.78 $21.82 $22.91 month $2,963.03 $3,111.18 $3,266.74 $3,430.08 $3,601.58 $3,781.66 $3,970.74 annual $35,556.34 $37,334.16 $39,200.87 $41,160.91 $43,218.96 $45,379.91 $47,648.90 42049 Housin Technician hourly $15.54 $16.31 $17.13 $17.99 $18.89 $19.83 $20.82 e monthly $2,693.16 $2,827.81 $2,969.21 $3,117.67 $3,273.55 $3,437.23 $3,609.09 annual $32,317.88 $33,933.78 $35,630.47 $37,411.99 $39,282.59 $41,246.72 $43,309.06 42020 Im a qji rlS ecialist $17.10 $17.96 $18.85 $19.80 $20.79-$21.83 $22.92 monthl $2,964.29 $3,112.51 $3,268.13 $3,431.54 $3,603.12 $3,783.27 $3,972.44 annual $35,571.52 $37,350.10 $39,217.60 $41,178.48 $43,237.41 $45,399.28 $47,669.24 80070 Information Systems Supervisor - - - - ----------------------------------------- hourly ------ $37.92 $39.82 $41.81 - - -------- $43.901 $46.10 - ---------- $48.40 --- ---------- $50.82 monthly $6,573.65 $6,902.33 $7,247.44 $7,609.82 $7,990.31 $8,389.82 $8,809.31 annual $78,883.74 $82,827.93 $86,969.32 $91,317.79 $95,883.68 $100,677.86 $105,711.76 80043 w Information Systems Support Technician hourly $20.95 $22.0 $23.10 $24.25 $25.46 $26.74 $28.07 monthl _q!o inly $3,631.17 $3,812.73 3.'�6 $4,203.53 $4,413.71 $4,634.39 $4,866.11 annual - ----------------- $43,574.03 $45,752.73 �$�4,003.36 $48,040.37 $50,442.39 $52,964.51 $55,612.73 $58,393.37 Page 8 of 30 Adopted: February 17, 2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 80037 Manaqernent Analyst hour! $27.05 $28.41 $29.83 $31.32 $32.88 $34.53 $36.25 monthllMy- .- $4,689.22 $4,923.68 $5,169.86 $5,428.35 $5,699.77 $5,984.76 $6,284.00 annual $56,270.58 $59,084.11 $62,038.32 $65,140.24 $68,397.25 $71,817.11 $75,407.97 80069 mmmmManaqernent Assistant hourly $25.21 $26.47 m $27.80 $29.19 $30.64 $32.18mmm� m�mm$33.79 month/ $4,369.92 $4,588.42 $4,817.84 $5,058.73 $5,311.67 $5,577.25 $5,856.12 annual $52,439.10 $55,061.05 $57,814.11 $60,704.81 $63,740.05 $66,927.05 $70,273.41 80052 . . ........... .......... Payroll Specialist -------- hourly $21.98 - - ----- $23.08 $24.23 $25.44 $26.72 $28.05 ........... $29.45 monthl $3,809.70 $4,000.19 $4,200.19 $4,410.20 $4,630.71 $4,862.25 $5,105.36 annual $45,716.40 $48,002.22 $50,402.33 $52,922.45 $55,568.57 $58,347.00 $61,264.35 80051 Pro ram Coordinator hourly $21.44 $22.51 $23.63 $24.82 $26.06 $27.36 $28.73 month $3,715.71 $3,901.49 $4,096.57 $4,301.40 $4,516.47 $4,742.29 $4,979.40 annual $44,588.48 $46,817.91 $49,158.80 $51,616.74 $54,197.58 $56,907.46 $59,752.83 80031 Pro ram Su ervisor hourly $27.06 $28.42 $29.84 $31.33 $32.90 $34.54 $36.27 $4,690.89 $4,925.43 $5,171.70 $5,430.29 $5,701.80 $5,986.89 $6,286.24 annual $56,290.66 $59,105.19 $62,060.45 $65,163.47 $68,421.65 $71,842.73 $75,434.87 80081 Program Supervisor Y -Rated A hourl $36.85 monthly $6,387.17 annual $76,646.02 80019 Recreation & Community Operations Supervisor hourly $34.40 $36.12 $37.93 $39.83 $41.82 $43.91 $46.10 ITmmmm monthly_$5,963.40 $6,261.57 $6,574.65 $6,903.38 $7,248.55 $7,610.98 $7,991.53 annual $71,560.79 $75,138.83 $78,895.77 $82,840.56 $86,982.59 $91,331.72 $95,898.31 80035 Senior Finance Clerk hour/ $20.93 $21.97 $23.07 mmm $24.22 $25.44 $26.71 $28.04 $3,627.17 $3,808.53 $3,998.96 $4,198.90 $4,408.85 $4,629.29 $4,860.76 annual $43,526.05 $45,702.35 $47,987.47 $50,386.85 $52,906.19 $55,551.50 $58,329.07 42052 Senior Housinq Specialist $ 21,67 $22.7 $23.90 $25.09 $26.34 .66 $29.04 month/ $3,756.77 $3,944.61 $4,141.84 $4,348.93 $4,566.38 $4,794.70 $5,034.43 ----------- annual $45,081.27 $47,335.33 $49,702.10 $52,187.20 $54,796.56 $57,536.39 $60,413.21 Page 9 of 30 Adopted: February 17, 2021 Page 10 of 30 Adopted: February 17, 2021 Job Number Title Step I Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 40061 Equipment Mechanic hourly $20.81 $21.85 $22.94 $24.09 $25.29 $26.55 $27.88 monthly $3,606.37 $3,786.69$3,976.03 . . ................... $4,174.83 $4,383.57 $4,602.75 $4,832.89 annual $43,276.48 $45,440.30 $47,712.32 $50,097.93 $52,602.83 $55,232.97 $57,994.62 Maintenance Worker I hourly $17.54mmm $18.41 $19.33 $20.30 $21.31 $22.38 $23.50 monthly $3,039.46 $3,191.43 mmmmmmm$3,351.00 $3,518.55 $3,694.48 $3,879.20 $4,073.16 annual $36,473.49 $38,297.16 $40,212.02 $42,222.62 $44,333.75 $46,550.44 $48,877.96 r40054 40055 Maintenance Worker 11 hourly $19.29 $20.25 $21.27 $22.33 $23.45 $24.62 $25.85 monthly $3,343.46 $3,510.63 $3,686.16 $3,870.47 $4,063.99 $4,267.19 $4,480.55 annual $40,121.50 $42,127.57 $44,233.95 $46,445.65 $48,767.93 $51,206.33 $53,766.64 40053 Senior Equipment Mechanic hourly $22.89 $24.03 mm $25_23 $26.49 $27.82 $29.21 $30.67 month $3,966.99 $4,165.34 $4,373.61 $4,592.29 $4,821.91 $5,063.00 $5,316.15 annual $47,603.93 $49,984.13 $52,483.33 $55,107.50 $57,862.87 $60,756.02 $63,793.82 40060 Senior Maintenance Worker hourly $21.29 $22.36 $23.47 $24.65mmmm $25.88 $27.17 $28.53 monthly y monthl $3,690.59 $3,875.12 $4,068.88 $4,272.32 $4,4 $4,710.24 $4,945.75 annual $44,287.14 $46,501.49 $48,826.57 $51,267.89 $53,831.29 $56,522.85 $59,349.00 4 KOO 66 Street Sweeper Operator hourlyww $19.77 ew $20.76 $21.80 -mwwwww $22.89 $24.03 $25.23 $26.50 - - - ----------------- month - $3,427.02 $3,598.37 $3,778.29 $3,967.20 $4,165.56 $4,373.84 $4,592.53 annual $41,124.20 $43,180.41 $45,339.43 $47,606.40 $49,986.72 $52,486.05 $55,110.36 Page 11 of 30 Adopted: February 17, 2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 51047 Civilian Dispatcher, hourly $23.30 $24.46 $25.68 $26.97 $28.32 e monthly $4,038.10 $4,240.°00 $4,452.00 $4,674.60 e $4,908.33 annual $48,457.18 $50,880.04 $53,424.04 $56,095.24 $58,900.01 51064 Supervisor Civilian Dispatcher Supery .� hour) _ $31.15 ..6 $32.71 $34 .35 � 3 $ 6.06 $37. 87 � monthl �.,..� 5, .�$�399.9�..� $5,669.96 _ $5,953.46 _ 2 � $6, 511.3 .�$6,563.69..� annual $64,799.54 $68,039.52 $71,441.49 $75,013.57 $78,764.24 51029 � Community S Service Officer hourly $23 86 $ LL 25,05 .30 $26 � $27 62 mm�mmmmmm_m .. mm $29.00 monthl $4,135.31 $4,342.08 $4,559.18 $4,787.14 $5,026.50 annual $49,623.78 $52,104.96 $54,710.21 $57,445.72 1 $60,318.01 51041 Parkin Enforcement Officer hourly $23.86 „$25.005$26.30 $27.62 $29.00 month $4,135.31 _$4,342.08 $4,559.18 $4,78714 $5,026.50 annual $49,623.78 $52,104.96 $54,710.21 $57,445.72 $60,318.01 50076 Police Officer hourly $36.35 $38.17$40.08 �A$6 $42.08 $44.19 monthly �e $6� . 300.96 6.1..601.....mm �..e.� $6,946.81 .� .......4 $7,. 294.15 ..��$7,658.8558.�85 annual $75,611.50 $79,392.07 $83,361.68 $87,529.76 $91,906.25 51039 Police Records Specialist I ... hours $17.49 _.. $18.36 $19.28 ...� $20.25 e $21.26 ..............................................................................................................................................................................................................................................................................................................................................annual monthl $3,031.58. $3,183.16 $3,342.32 $3,509.44 $3,684.91 $ 36.3.78..99 $ 38 197.94 $ 40 107.84 42 113.23 $ , 44 218.8 $ 9 51040 PoliceRecor ds Specialist II hourly $19.30 $20.27 $21.28 $22.35 $23.46 m ......�. ...... ............... monthly $3,346.12 $3,513.43 $3,689.10$3,873.55 $4,067.23 annual $40,153.44 $42,161.11 $44,269.17 $46,482.63 $48,806.76 52085 Police Sergeant - hourly -- $45.54 $47.82 .... $50.21 $_52.72 ... $55.36 month! $7,894.08 $8,288.78 $8,703.22 $9,138.38 $9,595.30 annual $94,728.91 $99,465.36 $104,438.62 $109,660.55 $115,143.58 51062 Police TechnicianP �.� ......................... hourly _$24.67$0 w _25.9 $27.2 0 $28.56 w $29.9_8 monthl $4,275.62 $4,489.40 $4,713.87 $4,949.56 $5,197.04 annual $51,307.39 $53,872.76 $56,566.39 $59,394.71 $62,364.45 Page 12 of 30 Adopted: February 17, 2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 51071 Public Safety Trainee hour! $27.13 monthly _$4,701.98 annual $56,423.71 51065 Records Supervisor hourly $28.59 $30.02 $31.52 $33.09 $34.75 month! $4,954.87 $5,202.62 $5,462.75 $5,735.89 $6,022.68 annual $59,458.49 $62,431.42 $6 5,552.99 $68,830.64 $72,272.17 Page 13 of 30 Adopted: February 17, 2021 Job Number Title 30089 Police Commander Step I Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 hours $55.82 $58.61 $61.54 $64.62 $67.85 $71.25 $74.81 monthll $9,675.93 $10,159.72 $10,667.71 $11,201.09 $11,761.15 mITm $12,349.21 $12,966.67 annual $116.111.12 $121.916.68 $128.012.51 $134.413.14 $141.133.79 $148.190.48 $155.600.01 Page 14 of 30 Adopted: February 17, 2021 Range Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 PT1 Cashier hourly $13.00 1$13.26 $13.53 $13.80 1$14.07 $14.35 $14.64 Youth Employment Participant hourly $13.00 1$13.26 $13.53 $13.80 $14.07 $14.35 $14.64 PT2 Recreation Leader I hourly $13.26 $13.53 $13.80 $14.07 $14.64 $14.93 Nutrition Assistant hourly $13.26 $13.53 $13.80 $14.07 -;$14.35 $14.35 $14.64 $14.93 PT4 Recreation Leader 11 hourly $1 .80 $14.35 $15.23 $15.54 ----------------------------------------- PT6 Recreation Leader III hourly $14.35 $14.64 $14.93 $15.23 $15.54 $15.85 $16.16 PT7 Department Assistant hourly $14.64 $14.93 $15.23 $15.54 �$15.85 $16.16 $16.49 Maintenance Assistant hourly $14.64 $14.93 5.23 $15.54 $15.85 $16.16 PT8 Recreation Leader IV hourly $14.93 $15.23 $15.54 $15.85 $16.16 $16.49 $16.82 PT9 --------------------------------------------------- Maintenance Assistant 11 hourly $15.23 $15.54 .85 PT10 Recreation Leader V hourly $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 Fleet Assistant hourly $15.54 $15.85 1$16.16 $16.49 $16.82 $17.15 $17.50 PT1 1 Lifeguard hourly $15.85 $16.16 �$16.49 $16.82 PT1 2 Water Safety Instructor hourly $16.16 $16.49 $16.82 $17.15 $17.50 $17.85 $18.20 PT1 3 Fleet Assistant 11 hourly $16.49 $16.82 $17.15 $17.50 [$�l 7.85 $18.20 $18.57 Page 15of3O Adopted: February 17.2021 "aTi'm_eSm_F0W_6_y�ee_es 0000- PT14 Swim Coach hourly 1$16.82 1$17.15 $17.50 $17.85 1$18.20 $18.57 $18.94 Police Specialist hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 Computer Specialist hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 Program Specialist I hourly $16.82 $17.15 $17.50 $17.85 1$18.20 $18.57 $18.94 Housing Specialist I hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 PT15 hourly $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 PT16 Head Lifeguard hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 Planning Tech _ nician hourly $17.50 $17.85 $18.20 1$18.57 $18.94 $19.32 $19.70 .oCommunity Enhancement Technician hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19,32 $19.70 Parking Enforcement Officer hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 PT17 Program Secialist II hourly $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 Housing Specialist ll hourly $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 Rehabilitation Housingp $1.._ S ecialist hourly 7.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 -------- PT18 Head Boxing Coach �..........hourly $18.20mmmmmmmm $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 PT19 Human Resources Generalist hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 Finance Generalist hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 Housing Generalist hourly $18.57 - $18.94 $19.32 $19.70 1$20.10 $20.50 $20.91 Aquatic Manager hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 PT20 Domestic Violence Advocate hourly $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 $21.33 PT21 hourly $19.32 $19.70 E$20.10$20.50 $20.91 $21.33 $21.75 PT22 hourly $19.70 $20.10 $20.91 $21.33 $21.75 $22.19 PT23 hourly $20.10 $20.50 $20.91 1$21.33 $21.75 $22.19 $22.63 PT24 hourly $20.50 $20.91 $21.33 $21.75 $22.19 $22.63 $23.09 PT25 Sign Language Interpreter hourly $20.91 $21.33 $21.75 $22.19 $22.63 $23.09 $23.55 PT26 hourly $21.33 $21.75 $22.19 $22.63 $23.09 $23.55 $24.02 Page 16 of 30 Adopted: February 17, 2021 PT27 hourly 1$21.75 $22.19 $22.63 $23.09 $23.55 $24.02 $24.50 PT28 hourly $22.19 $22.63 $23.09 $23.55 $24.02 $24.50 $24.99 Page 17 of 30 Adopted: February 17, 2021 CITY OF BALDWIN PARK Range Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 PT29 PT30 Civilian Dispatcher Reserve Police Officer hourly $22.63 hourly $23.09 $23.09 $23.55 $23.55 $24.02 $24.02 $24.50 $24.50 $24.99 $24.99 $25.49 $25.49 $26.00 CITY OF BALDWIN PARK Range Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 PT1 Cashier hourly $14.07 $14.35 $14.64 Youth Employment Participant $14.07 $14.35 $14.64 PT2 Recreation Leader I $14.07 $14.35 $14.64 $14.93 � Nutrition Assistant nh $14.07 $14.35 $14.64 $14.93 Office Clerk I $14.07 $14.35 $14.64 $14.93 PT3 hourly $14.07 $14.35 1$14.64 $14.93 $15.23 PT4 Recreation Leader II hourly $14.07 $14.35 $14.64 $14.93 $15.23 $15.54 m Office Clerk II hourly $14.07 $14.35 $14.64 $14.93 $15.23 $15.54 PT5_dw_dw_dw_dw_dwdw........ Intern hourly $14.07 $14.35 1$14.64 $14.93 1$15.23 $15.54 $15.85 Police Cadet hourly $14.07 $14.35 1$14.64 $14.93 $15.23 $15.54 $15.85 PT6 Recreation Leader III hourly $14.35 $14.64 $14.93 $15.23 1$15.54 $15.85 $16.16 PT7 Department Assistant hourly $14.64 $14.93 $15.23 $15.54 $15.85 $16.16 $16.49 m Computer Assistant hourly $14.64 $14.93 1$15.23 $15.54 1$15.85 $16.16 $16.49 Maintenance Assistant hourly $14.64 $14.93 $15.23 $15.54 $15.85 $16.16 $16.49 PT8 Recreation Leader IV hourly $14.93 $15.23 1$15.54 $15.85 $16.16 $16.49 $16.82 PT9 Maintenance Assistant II hourly $15.23 $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 PT10 Recreation Leader V hourly $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 m �m Assistant Boxing Coach hourly $15.54 $15.85 1$16.16 $16.49 $16.82 1$17.15 $17.50 Fleet Assistant hourly $15.54 $15.85 $16.16 $16.49 d$16.82 1$17.15 $17.50 wdw_dw_dw_dw_dw w_dw_dw_dw_ Building Aide hourly $15.54 $15.85 1$16.16 $16.49 $16.82 $17.15 $17.50 PT11 Lifeguard hourly $15.85 $16.16 1$1�6.49$16.82 $17.15 1$17.50 $17.85 Page 18 of 30 Adopted: February 17, 2021 PT12 Water Safety Instructor hourly $16.16 $16.49 1$17.50 $16.82 $17.15 $17.50 $17.85 $18.20 PT13 Fleet Assistant II hourly $16.49 $16.82 $17.85 $17.15 $17.50 $17.85 $18.20 $18.57 PT14 Swim Coach hourly_ $16.82 $17.15 1$17.50 $17.85 $18.20 1$18.57 $18.94 Police Specialist hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 Computer Specialist hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 mmmm .....mm......... Program Specialist I �mmmmmmmmmmmmmmmmmmmmmmmmmm hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 Housing Specialist I hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 1$18.94 5 hourly $17;15 $17 50 $17.8,5 $18.20 $18; 57 $18.94 $19.32 ^^ PT16 Head Lifeguard hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 Planning_ Technician hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 Community Enhancement Technician hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 Parking Enforcement Officer hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 PT17 Program Specialist II hourly $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 Housing Specialist II hourly $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 Rehabilitation Housing Specialist hourly $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 -xxxxx------xx............ PT18 mm. Head Boxing Coach hourly $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 PT19 Human Resources Generalist hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 Finance Generalist ^ hourly $18.57^ $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 Housing Generalist hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 Aquatic Manager hourly $18.57 $18.94 $19.32 1$19.70 $20.10 $20.50 $20.91 PT20 Domestic Violence Advocate hourly $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 $21.33 PT21 hourly $19.32 $19.70 $20.10 $20.50 $20.91 $21.33 $21.75 PT22 hourly $19.70 $20.10 $20.50 $20.91 $21.33 $21.75 $22.19 PT23 hourly $20.10 $20.50 $20.91 $21.33 $21.75 $22.19 $22.63 PT24 hourly $20.50 $20.91 $21.33 $21.75 $22.19 $22.63 $23.09 PT25 Sign Language Interpreter hourly $20.91 $21.33 $21.75 $22.19 $22.63 $23.09 $23.55 Page 19 of 30 Adopted: February 17, 2021 Page 2Oof3O Adopted: February 17.2021 10005 20001 20037 20092 20094 20096 20097 30089 30090 31010 31011 31012 31025 31031 31041 31050 31081 ...... 40053 40054 40055 40060 40061 40062 42020 42036 42037 42045 42048 42049 420_52 50076 51029 5103_9 51040 51041 51047 51062 51064 51065 51071 52085 60001 60002 60006 60008 70022 70027 70052 80019 80021m 80025 80026 80031 80033 m 80035 80037 80040 80043 80051 80058 80062 80065 80069 80070 80073 80077 80081 20096-A City of Baldwin Park COMMUNITY SERVICES SUPERVISOR Class Specification 02/17/2021 DEFINITION Under general direction, performs administrative and complex supervisory duties in the Department of Recreation & Community Services; conducts analysis; performs studies; prepares reports and recommendations; manages audit and compliance reports for grant funding of capital improvement projects/community and homeless services; manages and evaluates subordinate staff, and performs related duties as required for recreation and community services. Functions as a liaison for the City of Baldwin Park and other agencies; manages city and regional homeless efforts for the City including coordination with public agencies, businesses, faith -based and non-profit organizations involved in the planning and delivery of services and facilities to homeless persons. Performs other duties as required. DISTINGUISHING CIHARACTERISTICS: The administrative nature of the work requires considerable responsibility for making complex decisions regarding City-wide and interagency homeless program efforts in addition to managing the day to day recreation and community services programs. The Community Services Supervisor classification is distinguished from the Program Supervisor in terms of general complexity, overall scope of multi -agency coordination and involvement at the state and local levels to deliver important program initiatives. SUPERVISION RECEIVED AND EXERCISED Responsibilities include direct supervision of Program Coordinators and a variety of other full-time, part-time and contract personnel. Responsibilities include cross -management of a variety of other interdepartmental and multijurisdictional full-time, part-time and contract personnel related to recreation, community, and homeless services. EXAMPLES OF ESSENTIAL DUTIES Duties may include, but are not limited to, the following: Plans, organizes and implements goals, objective, policies and priorities for city-wide recreation, community, and homeless services. Organizes, directs and evaluates recreation programs involving capital improvement projects, contract classes, trips, after-school programs, day -camps, special events, athletic activities and aquatics. Perform a wide variety of administrative tasks, public liaison, technical research and reports in various municipal management subjects in coordination with City departments and outside public agencies. Develops, maintains and implements policies, procedures and regulations relating to recreation, community services. Maintains and implements policies, procedures and regulations for the homeless services programs and operations. Ensures all recreation and homeless activities and programs are conducted in accordance with related laws, ordinances, rules and regulations. Ensures that policies are administered equitably. Performs legislative liaison functions as directed. Conducts studies around assigned operations, recommends changes in policies and procedures, and manages the installation and implementation of approved changes, as directed by the Director. Processing and preparation of budgets, including general, special revenue, grants, capital improvement, and internal fundraising funds; revenue, fee rates and schedules, equipment, and personnel functions. Prepares and submits grant applications, funding requests, reports, and reimbursements for grants administered by the department. Manages the processing of pertinent documents such as regulations, contracts, fees, permits, petitions, bid specifications, requests for proposal, requests for qualifications, ordinances, and resolutions. Manages contracts and cooperative agreements for programs, services and classes. Supervises the work of contract partners, support personnel and sub -recipient partners. Prepares and presents formal reports for public presentation. Develops comprehensive plans to satisfy future needs of department and city-wide services around operational areas. Reviews programs and budget expenditures; assists in the development of the department budget; researches and prepares specific justifications. Serves as internal City public information officer. Develops and implements marketing strategies; manages city-wide web and social media official accounts, drafts news releases and public brochures concerning recreation and community services; and homeless continuum of care services. Evaluates program attendance, participant responses and costs, and makes recommendations regarding the continuance or cancellation of programs. Assists in the selection of department recreation employees and contract services for specialized homeless services; develops and establishes work methods and standards; conducts or directs staff training and development; reviews and evaluates employee/contractor performance; initiates disciplinary actions. Works with organized community groups and committees to organize and promote programs; acts as a Recreation & Community Services Department/City-Wide Homeless Liaison representative with school district officials, and other outside officials as assigned. Provides holistic and comprehensive services to people at -risk or those experiencing homelessness including: intake assessment, benefit assessment, goal setting, and short-term and long-term case management. Keeps abreast of local and regional homeless service coordination efforts including the Los Angeles Continuum of Care, Los Angeles Homeless Services Authority, Los Angeles County Homeless Initiative, San Gabriel Valley Council of Governments and other local activities to address homelessness. Develops best practices in homeless service delivery systems. Analyzes problems, identifies alternative solutions, projects consequences of proposed actions, and implements recommendations in support of homeless program goals. Act as a resource for concerns of departments, boards, and commissions. Acts as a leader and resource and direct staff activities with the public, City departments, City boards and commissions, and other organizations on projects and programs, especially in the areas of homeless programs. Serve as a department and community liaison for homeless issues and representative at municipal, local, state, federal, and private sector programs or meetings involved with homeless issues. Participates with City departments and external agencies to implement City homeless plan, and development strategy to secure additional federal, state, local, private, and corporate funds to support and improve homeless programs and prevent homelessness in the City. Analyzes trends in recreation/community and homeless services, community attitudes, programs being offered, program requests, socio-economic issues, population age groupings, and other factors in service planning. Builds and maintains positive working relationships with co-workers, other City employees and the public using principles of good customer service. Maintains and expands collaborative relationships with a variety of non-profit agencies, school districts, faith based organizations, and other service providers to maximize program offerings within the community. Participate in a variety of boards and commissions. Manages and facilitates the rental of facilities including staffing, scheduling and collection of fees in accordance with set policies and procedures. Conducts special studies as assigned by the Director and submits related reports. Performs related duties as assigned. QUALIFICATIONS Knowledge of: ■ Standard program evaluation methods and report writing procedures. ■ Current literature and sources of information in the fields of operations. ■ Principles of management, supervision, training and performance evaluation. ■ Procedures for planning, implementing and maintaining a variety of recreation and community services activities and programs through community participation. ■ Legislative programs and initiatives related to City and state-wide homeless efforts Ability to: ■ Write reports and keep accurate records. ■ Supervise and evaluate the work of staff. ■ Make decisions regarding operational and personnel functions. ■ Respond to problem situations in an effective manner. ■ Train personnel on program activities, procedures and regulations. ■ Communicate clearly and concisely, both orally and in writing with a variety of personnel and establish effective working relationships. ■ Explain and apply policies and procedures. ■ Operate programs within budgetary limitations. ■ Analyze data and information. ■ Operate a computer and use a variety of computer software. ■ Research and prepare complex reports on a variety of subjects. ■ Establish and maintain effective relationships with the community at large, ■ The City Council, committees, commissions and other public officials and agency representatives. ■ Represent the City in a variety of meetings. Experience and Training Any combination equivalent to experience and education that could likely provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be: Education ■ Equivalent to a bachelor's degree from an accredited college or university in recreation services, public administration or a related field. Experience ■ Five years of progressive experience at the level of Program Supervisor in the implementation of recreation and community services activities and programs or related field, including direct involvement in the coordination and administration of homeless programs/services. License or Certificate ■ Possession of, or ability to obtain, a valid applicable California Driver's license. Note: Class specifications are intended to be descriptive, explanatory, and not restrictive. It is intended to declare what the duties, and responsibilities and the required qualifications of any position shall be. Council Approval Date: 02/1712021 ITEM NO. 5 TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: February 17, 2021 SUBJECT: Approval of the Safe Clean Water (SCW) Program Revenue Transfer Agreement between the City of Baldwin Park and Los Angeles County Flood Control District for the City of Baldwin Park's Barnes Park Regional Project (Project) and Authorization to Publish a Request for Proposals (RFP) for Professional Design Services for the Project SUMMARY This report is requesting City Council approval of a Revenue Transfer Agreement with the Los Angeles County Flood Control District (LACFCD) for the Safe Clean Water Program (SCWP) Regional Program tax revenues approved by voters in November 2018 as part of Measure W. The City of Baldwin Park submitted an application for Regional Program funding for a regional stormwater project at Barnes Park during the Round 1 Call for Projects. The project was selected to receive the requested amount of $14,735,690 programmed over four years through Fiscal Year 2023-2024. The funds for the City of Baldwin Park Barnes Park Project (Project) are for design, planning, and construction. This item will also authorize the publishing of a Request for Proposals (RFP) for Professional Design Services for the stormwater design of the Project. The services will include Stormwater Engineering, Geotechnical Engineering, Landscape Architectural, NPDES and stormwater compliance, and other related Engineering Services. RECOMMENDATION Staff recommends that the City Council: 1. Approve the Transfer Agreement between the City of Baldwin Park and the Los Angeles County Flood Control District for the City's allocation of funds from the Safe Clean Water (SCW) Program for the Barnes Park project; and 2. Authorize the Director of Public Works to issue an RFP for the implementation of the project; and 3. Authorize the Director of Public Works to act as the signature authority and process necessary documents to satisfy Measure W funding requirements. FISCAL IMPACT There is no impact to the general fund. The Transfer Agreement will allow for the disbursement of voter approved funds to the City of Baldwin Park Barnes Park project. In order to receive its apportionment for the project, the City is required to enter into an agreement with LACFCD. The following table outlines the funding for the project that has been programmed through FY2023-2024. Measure W -- Safe Clean Water Program Allocations for Barnes Park ___...., v_ . _ . _ w.__. _._ .. __-------- _-._ _. __._------ . __ ------ _ __ _.w -------------------------------------- FY 2020-2021 FY 2021-2022 FY 2022- 2023 FY 2023-2024 Total $ 1,000,000 $ 1,500,000 $ 7,400,000 $ 4,835,690 $ 14,735,690 BACKGROUND On November 6, 2018, Measure W for the Safe Clean Water Program (Program) was approved by Los Angeles County voters. Funding through Measure W is provided through a parcel tax of 2.5 cents per square foot of impermeable land area (buildings, concrete, etc.). Measure W Special Parcel Tax revenues collected by LACFCD will allocate ten percent (10%) to the District for implementation and administration of projects, forty percent (40%) to cities within the County, in the same proportion as the amount of revenues collected within each city, and fifty percent (50%) to regional programs and projects within various watershed groups. Stormwater, which is rainwater that flows over the ground and directly to a waterbody (e.g., San Gabriel River), becomes polluted from natural and chemical materials, litter, and other waste. Measure W provides cities, including the City of Baldwin Park, and Los Angeles County with funds to capture, treat, and recycle stormwater within the various watershed areas. Infrastructure projects and programs funded through the Program will incorporate nature -based solutions and have water quality, water supply, and community investment benefits. Measure W funding will increase drought preparedness, improve water quality and public health, promote green jobs, and ensure investment in enhanced quality of life for the City of Baldwin Park's residents and businesses. Through Measure W funding, the City of Baldwin Park has the opportunity to invest in infrastructure projects and programs which comply with federal and state laws regulating water quality and reduce the amount of polluted stormwater flowing into the San Gabriel River, which recharges the groundwater that is approximately half our drinking water supply. The City of Baldwin Park submitted an application to the Program during Round 1 Call for Projects (FY2020-2021) for a stormwater infrastructure project at Barnes Park (Project). The Project was chosen to receive funding for the requested amount of $14,735,690 programmed over four years through FY2023-2024. Barnes Park is within a 384 -acre watershed that drains through a storm drain system directly into the San Gabriel River, which runs adjacent to the west side of the park. The Project features a pretreatment system and an underground stormwater infiltration system that will capture and infiltrate runoff from the residential area northeast of the park. The scope of the Project also includes park enhancements, such as the addition of a new dog park, basketball court, soccer/play fields, green space/picnic areas, and ADA compliant running/walking paths. To ensure that the City of Baldwin Park remains eligible to receive Measure W funds for the Barnes Park project, a Scope of Work has been submitted, which is required with the executed Transfer Agreement. Additionally, Request for Proposals (RFP) for Professional Stormwater and Engineering Design Services, Geotechnical Engineering, and Landscape Architectural will need to be issued for the design of the Project. DISCUSSION In order to receive funding for the Project, City Council will need to approve the Transfer Agreement with the LACFCD, which will then be submitted to LACFCD for their final execution. Additionally, the City needs specialized consultants to assist with the design of the Project. The RFP for design will specify the Scope of Work of the Project and will be published as soon as possible. The specialized consultant firms will then have between two to four weeks, as recommended by the State of California Department of Transportation Division of Local Assistance, to submit proposals for the City's consideration. Proposals will be evaluated based on experiences with similar project, 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. A separate bidding process for construction will follow completion of the project design. ENVIRONMENTAL The action being considered by the City Council is pending California Environmental Quality Act (CEQA) determination. An Initial Study has been prepared; however further assessments will be conducted during the design of the project. ALTERNATIVES 1. The City Council may choose not to adopt the Transfer Agreement. This action is not recommended as the City will lose SCW Program funds for the Project. 2. The City Council may choose not to authorize issuance of an RFP for design of the Project. This action is not recommended as the City will need Professional Engineering and Landscape Architectural services to move forward with the project. 3. Provide Staff with alternative direction. LEGAL REVIEW None Required. ATTACHMENTS 1. Transfer Agreement (Regional Program) with LACFCD Regional Program Agreement No. 202ORPUSGR01 TRANSFER AGREEMENT BETWEEN THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND CITY OF BALDWIN PARK AGREEMENT NO. 2020RPUSGR0l SAFE, CLEAN WATER PROGRAM — REGIONAL PROGRAM This Transfer Agreement, hereinafter referred to as "Agreement," is entered into as of October 29, 2020 by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and City of Baldwin Park for Barnes Park, hereinafter referred to as "Recipient." WHEREAS, District, pursuant to the Los Angeles Region Safe, Clean Water (SCW) Program ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District; WHEREAS, Recipient proposes to implement a Funded Activity (as hereafter defined) that is eligible for funding under the SCW Program; WHEREAS, the Funded Activity is included in a Stormwater Investment Plan (SIP) that has been approved by the County of Los Angeles Board of Supervisors; WHEREAS, the Board approved a standard template Agreement as required by and in accordance with Section 18.09 of the Los Angeles County Flood Control District Code; NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows: DEFINITIONS The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code shall apply to this Agreement. In addition, the following definitions shall also apply: "Activity Completion" means that the Funded Activity is complete to the reasonable satisfaction of the District based on review of reports and other documentation as deemed appropriate by the District. If the Funded Activity is an Infrastructure Program Project on District Right -of -Way a separate use and maintenance agreement is required. "Activity Costs" means the total costs necessary to achieve Activity Completion. The Activity Costs for the Funded Activity are described in Exhibit A. "Agreement" means this Transfer Agreement, including all exhibits and attachments hereto. Page 1 of 36 Regional Program Agreement No. 202ORPUSGR01 "Budget Plan" means a Recipient's plan for funding Activity Completion, including a description of all sources of funds for Activity Costs and a description of how the SCW Program Contribution will be allocated among the tasks identified in the Scope of Work within each fiscal year. Recipient's Budget Plan is described in Exhibit A. "Days" means calendar days unless otherwise expressly indicated. "Fiscal Year" means the period of twelve (12) months terminating on June 30 of any year. "Funded Activity" means the Infrastructure Program Project, or Scientific Study described in Exhibit A — Scope of Work, including the Stakeholder and Community Outreach Plan and all other tasks and activities described in Exhibit A. "Safe Clean Water (SCW) Program Contribution" means the portion of the Activity Costs to be paid for with Regional Program funds provided by the District from the SCW Program as described in the Budget Plan. "Year" means calendar year unless otherwise expressly indicated. ll. PARTY CONTACTS The District and the Recipient designate the following individuals as the primary points of contact and communication regarding the Funded Activity and the administration and implementation of this Agreement. Los Angeles County Flood Control District Recipient: City of Baldwin Park Name: Kevin Kim Name. John Besha , PE Address: 11th Floor, PO Box 1460, Alhambra, CA 91802-1460 Address: 14403 E. Pacific Avenue, Baldwin Park, CA 91706 Phone: 626 300-2620 Phone: (626)960-4011 X459 Email: KKIM@dpw.lacounty.gov Email: I jbeshay@baidwinpark.com Either party to this Agreement may change the individual identified above by providing written notice of the change to the other party. III. EXHIBITS INCORPORATED BY REFERENCE The following exhibits to this Agreement, including any amendments and supplements hereto, are hereby incorporated herein and made a part of this Agreement: EXHIBIT A — SCOPE OF WORK EXHIBIT B — GENERAL TERMS AND CONDITIONS EXHIBIT C — SPECIAL CONDITIONS EXHIBIT D — ADDENDUM TO AGREEMENT EXHIBIT E — NATURE -BASED SOLUTIONS (Best Management Practices) Page 2 of 36 Regional Program Agreement No. 202ORPUSGR01 EXHIBIT F — OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT IV. ACTIVITY COMPLETION A. The Recipient shall implement and complete the Funded Activity in accordance with the work schedule described in Exhibit A, B. The Recipient shall comply with the terms and conditions in Exhibits A, B, C, D, E, and F of this Agreement, and all applicable provisions of Chapters 16 and 18 of the Code. C. The Recipient shall fulfill all assurances, declarations, representations, and commitments made by the Recipient in its application for SCW Program Contributions, accompanying documents, and communications filed in support of its application for SCW Program Contributions. V. SCW PROGRAM FUNDING FOR FUNDED ACTIVITY A. The District shall disburse the SCW Program Contribution for the 2020-2021 Fiscal Year as described in the corresponding approved Stormwater Investment Plan (SIP) within 45 -days of receipt of the signed executed Agreement. B. If the Funded Activity is included in a duly approved SIP for a subsequent Fiscal Year, the parties shall enter into an addendum to this Agreement, in the form attached as Exhibit D, regarding the disbursement of the SCW Program Contribution for that subsequent Fiscal Year. The Recipient expressly acknowledges and agrees that the District is not obligated to disburse any SCW Program Contributions to Recipient for any Fiscal Year beyond the 2020-21 Fiscal Year unless the Funded Activity is included in a duly approved SIP for a subsequent Fiscal Year, the Recipient has complied with the provisions related to the California Environmental Quality Act in Exhibit C, and the parties have duly executed an addendum to this Agreement for that Fiscal Year. C. Notwithstanding any other provision of this Agreement, no disbursement shall be made at any time or in any manner that is in violation of or in conflict with federal, state, County laws, policies, or regulations. D. All disbursements shall be subject to and be made in accordance with the terms and conditions in this Agreement and Chapters 16 and 18 of the Code. E. The Recipient shall submit the scope of work described in Exhibit A 45 -days after approval of the SIP. If the Funded Activity is included in a duly approved SIP for a subsequent Fiscal Year, and there are any changes to the Scope of Work, Budget Plan or any other portions of Exhibit A for that Fiscal Year, a revised Exhibit A will be required as part of the addendum to this Agreement for that Fiscal Year. Page 3 of 36 Regional Program Agreement No. 202ORPUSGR01 VI. Execution of Agreement This Agreement may be executed simultaneously or in any number of counterparts, including both counterparts that are executed manually on paper and counterparts that are in the form of electronic records and are executed electronically, whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same instrument. The District and the Recipient hereby agree to regard facsimile/electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on this Agreement and on any addenda or amendments thereto, delivered or sent via facsimile or electronic mail or other electronic means, as legally sufficient evidence that such original signatures have been affixed to this Agreement and any addenda or amendments thereto such that the parties need not follow up facsimile/electronic transmissions of such documents with subsequent (non-facsimile/electronic) transmission of "original" versions of such documents. Further, the District and the Recipient: (i) agree that an electronic signature of any party may be used to authenticate this Agreement or any addenda or amendment thereto, and if used, will have the same force and effect as a manual signature; (ii) acknowledge that if an electronic signature is used, the other party will rely on such signature as binding the party using such signature, and (iii) hereby waive any defenses to the enforcement of the terms of this agreement based on the foregoing forms of signature. Page 4 of 36 Regional Program Agreement No. 2020RPUSGR0l IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. Upper San Gabriel River: City of Baldwin Park Barnes Park By: Name: Title: Date: Page 5 of 36 Regional Program Agreement No. 2020RPUSGR0l IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. LOS ANGELES COUNTY FLOOD CONTROL DISTRICT: Name: Keith Lilley Title: Assistant Deputy Director For: Mark Pestrella Date: Page 6 of 36 EXHIBIT A — SCOPE OF WORK •4 - Regional Program Agreement No. 202ORPUSGR01 The Recipient shall submit a detailed Budget Plan for all eligible expenditures (those incurred after November 7, 2018) for all phases and tasks included in the work schedule for the Funded Activity. The Recipient shall include a summary of leveraged funds and in-kind services for the Funded Activity. For a Funded Activity that will be performed over more than one Fiscal Year, the Budget Plan must clearly identify the amount of SCW Program Contribution for each Fiscal Year. A-2. Consistent with SCW Program Goals By signing this Agreement, the Recipient shall provide certification that the Budget Plan is consistent with SCW Program Goals as described in Chapter 18.04 of the Code. The Recipient shall include a summary of how the identified SCW Program Goals are expected to be achieved through the Funded Activity, including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters. A-3. Estimated Reasonable Total Activity Cost The Recipient shall submit a detailed estimate total Activity Cost for all phases and tasks included in the work schedule for the Funded Activity. A-4. Funded Activity Description and Scope of Work The Recipient shall provide a general description of the Funded Activity and a detailed scope of work. The scope of work may include: 1. Project Management, including required reporting 2. General Compliance Requirements/Project Effectiveness and Performance 3. Permitting and Environmental Compliance 4. Planning, Design, and Engineering 5. Stakeholder and Community Outreach/Engagement Activities 6. Right of Way Acquisition 7. Construction and Implementation 8. Operation and Maintenance Page 7 of 36 Regional Program Agreement No. 2020RPUSGR0l A-5. Operations and Maintenance (O&M) Plan Where the Funded Activity is an Infrastructure Program Project, the Recipient shall submit a plan describing the activities that are expected to be necessary to perform O&M for the Infrastructure Program Project to ensure it remains in good working order throughout the useful life of the Infrastructure Program Project using SCW Program Contributions. The O&M plan shall address the activities described in Exhibit F to the greatest extent feasible and in as much detail as possible based on the completeness of the Project design and construction. The Recipient shall update the O&M plan in connection with each Addenda until completion of the Infrastructure Program Project and the submittal of a final O&M plan. The Recipient shall specifically identify the entity that will be performing the O&M for the lifetime of the Project. If this is not the Recipient, the Recipient shall submit a letter of commitment from the entity that will be performing the O&M (See Exhibit F, for example activities). The letter of commitment shall include details demonstrating how the provider is qualified and capable of providing the necessary ongoing O&M services. The Recipient may elect to request the local Municipality or District to provide O&M for the useful life of the Infrastructure Program Project using SCW Program Contributions. If the Recipient does not elect to seek the District's services or if the District is unable to provide the services as requested, the Recipient shall include in the letter of commitment reference to the above details demonstrating how the provider is qualified and capable of providing the necessary ongoing O&M services. A-6. Post -Construction Monitoring Where the Funded Activity is an Infrastructure Program Project, stormwater quality monitoring data shall be collected and reported in a manner consistent with the SWRCB database, the CEDEN for a period of three years. The Recipient shall submit a post - construction monitoring plan when the design phase is complete. The post -construction monitoring plan will evaluate the effectiveness of stormwater treatment facilities and include the project description; quality objectives; sampling design; sampling procedures; quality control; data management verification, and reporting; data quality assessment; and data analysis procedures. A-7. Sustainability Rating Where the Funded Activity is an Infrastructure Program Project that has applied for Institute for Sustainable Infrastructure (ISI) verification, the Recipient shall submit the final score and Envision award level. A-8. Stakeholder and Community Outreach/Engagement Plan The Recipient shall submit a Stakeholder and Community Outreach/Engagement Plan for Infrastructure Program Projects and include a discussion of how local NGOs or CBOs will be involved, if applicable, and if not, why. Additional outreach/engagement Page 8 of 36 Regional Program Agreement No. 202ORPUSGR01 activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach. The plan shall, at a minimum include: 1. Community outreach activities to provide information to residents and information about upcoming meetings or other engagement activity event is scheduled. Outreach methods used should be appropriate in scale and type to the community being served. Outreach methods include but are not limited to: Online Media Outreach (email blasts, social media, publication on a website) Local Media Outreach (newsletters, local and regional newspapers, and local radio and television) and/or Grassroots Outreach (door-to-door canvassing, phone banking, surveys and focus groups, and distribution of flyers or other printed materials). The District will support outreach efforts through web -based platforms if requested at least four weeks prior to the requested publish date. The District should be included in all social media outreach and notified of all meetings and other engagement events. 2. Community engagement activities solicit, address and seek input from community members for Funded Activities. These events may occur as part of any public meeting with multiple agenda items such as council, commission or committee meetings where public input is invited; or at festivals, fairs, or open houses where a table or booth may be set up. 3. Stakeholder and Community Outreach/Engagement Plan requirements: Stakeholder and Community Outreach/Engagement Plan activities should occur at the onset of the project, during the design phase, and during construction. Infrastructure Program Project Funds Required Activity 1 Required Activity 2 Up to $2 M Outreach or Engagement Up to $10 M Outreach _>1 Engagement Over $10 M Outreach >_ 2 Engagements 4. If the Funded Activity is for the O&M of an Infrastructure Program Project Stakeholder and Community Outreach/Engagement Plan activities should occur biennially to remind communities of the SCW Program Contribution. 5. Activities and measures to mitigate against displacement and gentrification. This includes, as applicable, an acknowledgment that the Funded Activity will be fully subject to and comply with any County -wide displacement policies as well as with any specific anti -displacement requirements associated with other funding sources. Page 9 of 36 Regional Program Agreement No. 2020RPUSGR0l A-9. Tracking Infrastructure Program Project Benefits The Recipient shall submit an overview of the benefits achieved upon the Activity Completion. SOW shall include quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters. A-10. Work Schedule and Completion Date The Recipient shall submit a detailed schedule, including start and completion dates for all phases and tasks of the scope of work for the Funded Activity. For Funded Activities that will be performed over more than one Fiscal Year, the work schedule must clearly identify the phases and tasks that will be performed in each Fiscal Year. Page 10 of 36 Regional Program Agreement No. 2020RPUSGR0l EXHIBIT B — GENERAL TERMS AND CONDITIONS B-1. Accounting and Deposit of Funding Disbursement 1. SCW Program Contributions distributed to the Recipient shall be held in a separate interest-bearing account and shall not be combined with other funds. Interest earned from each account shall be used by the Recipient only for eligible expenditures consistent with the requirements of the SCW Program. 2. The Recipient shall not be entitled to interest earned on undisbursed SCW Program Contributions; interest earned prior to disbursement is property of the District. 3. The Recipient shall operate in accordance with Generally Accepted Accounting Principles (GAAP). 4. The Recipient shall be strictly accountable for all funds, receipts, and disbursements related to all SCW Program Contributions made to the Recipient. B-2. Acknowledgement of Credit and Signage The Recipient shall include appropriate acknowledgement of credit to the District for its support when promoting the Funded Activity or using any data and/or information developed under this Agreement. When the Funded Activity involves the construction phase of an Infrastructure Program Project, signage shall be posted in a prominent location at Project site(s) or at the Recipients headquarters and shall include the Safe, Clean Water Program color logo and the following disclosure statement: "Funding for this project has been provided in full or in part from the Los Angeles County Flood Control District's Safe, Clean Water Program." At a minimum the sign shall be 2'x 3' in size. The Recipient shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph. When the Funded Activity involves a scientific study, the Recipient shall include the following statement in the study report: "Funding for this study has been provided in full or in part from the Los Angeles County Flood Control District's Safe, Clean Water Program." The Recipient shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph. B-3. Acquisition of Real Property — Covenant Any real property acquired in whole or in part with SCW Program funds shall be used for Projects and Programs that are consistent with the SCW Program Goals and with the provisions of Chapter 16 and 18 of the Code. Any Recipient that acquires the fee title to real property using, in whole or in part, SCW Program funds shall record a document in the office of the Registrar-Recorder/County Clerk containing a covenant not to sell or otherwise convey the real property without the Page 11 of 36 Regional Program Agreement No. 202ORPUSGR01 prior express written consent of the District, which consent shall not be unreasonably withheld. B-4. Amendment Except as provided in Section II of the Agreement, no amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. No oral or written understanding or agreement not incorporated in this Agreement is binding on any of the parties. B-5. Assignment The Recipient will not assign this Agreement without the prior consent of the District. B-6. Audit and Recordkeeping The Recipient shall retain for a period of seven (7) years after Activity Completion, all records necessary in accordance with Generally Accepted Accounting Principles to determine the amounts expended, and eligibility of Projects implemented using SCW Program Contributions. The Recipient, upon demand by authorized representatives of the District, shall make such records available for examination and review or audit by the District or its authorized representatives. Records shall include accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files, including documentation covering negotiated settlements, invoices, and any other supporting evidence deemed necessary to substantiate charges related to SCW Program Contributions and expenditures. 2. The Recipient is responsible for obtaining an independent audit to determine Funded Activity compliance with the terms and conditions of this Agreement and all requirements applicable to the Recipient contained in chapters 16 and 18 of the Code promptly upon Activity Completion. For a Funded Activity that will be performed over the course of a period exceeding three years, the District may also perform an interim independent audit every three (3) years until Activity Completion. Audits shall be funded with Regional Program funds. 3. Recipient shall file a copy of the Activity Completion audit report with the District by the end of the ninth (9th) month from Activity Completion. Recipient shall file a copy of all interim audit reports by the ninth (9th) month from the end of each three (3) year period. Audit reports shall be posted on the District's publicly accessible website. Page 12 of 36 Regional Program Agreement No. 202ORPUSGR01 End -of -Activit Every Third Fiscal Year Projected End Date Audit Report Due to District SIP Fiscal Year Audit Period Audit Report Due to District 1/15/2022 No later than 10/31/2022 2020-21 7/1/2020 to 6/30/2023 No later than 3/31/2024 4. Upon reasonable advanced request, the Recipient shall permit the Chief Engineer, at the District's cost and expense, to examine the Funded Activity. The Recipient shall permit the authorized District representative, including the Auditor -Controller, at the District's cost and expense, to examine, review, audit, and transcribe any and all audit reports, other reports, books, accounts, papers, maps, and other records that relate to the Funded Activity. 5. Expenditures determined by an audit to be in violation of any provision of Chapters 16 or 18 of the Code, or of this Agreement, shall be subject to the enforcement and remedy provisions of Section 18.14 of the Code. If at any time the Funded Activity cannot fulfill the provisions outlined in Exhibit A, the accounts and books of the Recipient may be reviewed or audited by the District. B-7. Availability of Funds District's obligation to disburse the SCW Program Contribution is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason including, but not limited to, failure to fund allocations necessary for disbursement of the SCW Program Contribution, the District shall not be obligated to make any disbursements to the Recipient under this Agreement. This provision shall be construed as a condition precedent to the obligation of the District to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for disbursement over any other recipient. If any disbursements due the Recipient under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the District that such disbursement will be made to the Recipient when sufficient funds do become available, but this intention is not binding. If this Agreement's funding for any fiscal year is reduced or deleted by order of the Board, the District shall have the option to either cancel this Agreement with no liability occurring to the District or offer an amendment to the Recipient to reflect the reduced amount. The Recipient will not seek disbursement of any Activity Costs that will be disbursed or reimbursed from other funding sources. 2. The Recipient agrees that it will not request a disbursement unless that cost is allowable, reasonable, and allocable. Page 13 of 36 Regional Program Agreement No. 202ORPUSGR01 B-8. Choice of Law The laws of the State of California govern this Agreement. B-9. Claims Any claim of the Recipient is limited to the rights, remedies, and claims procedures provided to the Recipient under this Agreement. Recipient expenditures of a SCW Program Contribution that involves the District shall utilize a separate and specific agreement to that Project that includes appropriate indemnification superseding that in this Agreement. B-10. Completion of Funded Activity by the Recipient The Recipient agrees to pay any and all Activity Costs in excess of the SCW Program Contribution necessary for Activity Completion. The Recipient expressly acknowledges and agrees that if the SCW Program Contribution is not sufficient to pay the Activity Costs in full, the Recipient shall nonetheless complete the Funded Activity and pay that portion of the Activity Costs in excess of the SCW Program Contribution, subject to the provisions of Exhibit C, as applicable. B-11. Compliance with Law, Regulations, etc. The Recipient shall, at all times, comply with and require its contractors and subcontractors to comply with all applicable County, state and federal laws, rules, guidelines, regulations, and requirements. Without limitation of the foregoing, the Recipient agrees that, to the extent applicable, the Recipient shall comply with the Code. B-12. Competitive Bidding and Procurements The Recipient's contracts with other entities for the acquisition of goods and services and construction of public works with SCW Program Contributions must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If the Recipient does not have a written policy to award contracts through a competitive bidding or sole source process, the State Contracting Manual rules must be followed and are available at: his://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/State-Contracting# ViewBag.JupTo B-13. Continuous Use of Funded Activity; Lease or Disposal of Funded Activity Where the Funded Activity involves an Infrastructure Program Project, the Recipient shall not abandon, substantially discontinue use of, lease, or dispose of all or a significant part or portion of the Funded Activity during the useful life of 30 years of the Funded Activity without prior written approval of the District. Such approval may be conditioned as determined to be appropriate by the District, including a condition requiring repayment of pro rata amount of all disbursed SCW Program Contributions together with interest on Page 14 of 36 Regional Program Agreement No. 202ORPUSGR01 said amount accruing from the date of abandonment, substantial discontinuance, lease or disposal of the Project. B-14. Default Provisions The Recipient will be in default under this Agreement under any of the following circumstances: 1. The Recipient has made or makes any false warranty, representation, or statement with respect to this Agreement, any addendum or the application filed to obtain this Agreement; 2. The Recipient materially breaches this Agreement or any addendum, including but not limited to: a. Fails to operate or maintain Project in accordance with this Agreement; b. Fails to submit timely Quarterly Progress/Expenditure Reports. c. Fails to remain in Good Standing (see Section B-34, below). d. The Recipient fails to maintain reasonable progress toward SCW Program Goals as described in Section 18.04 of the Code, following an opportunity to cure. e. The Recipient fails to maintain reasonable progress toward Project Completion. f. Use of SCW Program Contributions for ineligible expenses and/or activities not consistent with the Agreement. g. Inappropriate use of SCW Program Contributions, as deemed by the District Should an event of default occur, the District shall provide a notice of default to the Recipient and shall give the Recipient at least ten calendar days or such longer period as the District, in its reasonable discretion, may authorize, to cure the default from the date the notice is sent via first-class mail to the Recipient. If the Recipient fails to cure the default within the time prescribed by the District, the District may do any of the following: 1. Declare the SCW Program Contribution be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default. 2. Terminate any obligation to make future payments to the Recipient. 3. Terminate the Agreement. Page 15 of 36 Regional Program Agreement No. 202ORPUSGR01 4. Take any other action that it deems necessary to protect its interests. The Recipient shall not be in default under this Agreement as a result of any breach of this Agreement by the Recipient that is the direct result of the District's failure to make a SCW Program Contribution for any Fiscal Year. Under these circumstances the District may, in its reasonable discretion, terminate this Agreement by providing the Recipient with a written notice of termination. If this Agreement is terminated pursuant to this paragraph, the parties shall thereafter have no further obligations to each other in connection with the Funded Activity except that the Recipient's indemnification obligations shall survive the termination of this Agreement and continue in full force and effect. B-15. Disputes Should a dispute arise between the parties, the party asserting the dispute will notify the other parties in writing of the dispute. The parties will then meet and confer within 21 calendar days of the notice in a good faith attempt to resolve the dispute. If the matter has not been resolved through the process set forth in the preceding paragraph, any party may initiate mediation of the dispute. Mediation will be before a retired judge or mediation service mutually agreeable to the parties. All costs of the mediation, including mediator fees, will be paid one-half by the District and one-half by the Recipient. SCW Program Contributions shall not be used to pay for any costs of the mediation. The parties will attempt to resolve any dispute through the process set forth above before filing any action relating to the dispute in any court of law. B-16. Final Inspection and Certification of Registered Professional Where the Funded Activity is an Infrastructure Program Project, upon completion of the design phase and before construction, the Recipient shall provide certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist) that the design has been completed. Where the Funded Activity is an Infrastructure Program Project, upon completion of the Project, the Recipient shall provide for a final inspection and certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Agreement. B-17. Force Majeure. In the event that Recipient is delayed or hindered from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials not related to the price thereof, riots, insurrection, war, or other reasons of a like nature beyond the control of the Recipient, then performance of such acts shall be Page 16 of 36 Regional Program Agreement No. 202ORPUSGR01 excused for the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. B-18. Funded Activity Access When the Funded Activity involves an Infrastructure Program Project the Recipient shall, upon receipt of reasonable advance notice from the District, ensure that the District or any authorized representative of the foregoing, will have safe and suitable access to the site of the Funded Activity at all reasonable times through Activity Completion. B-19. Funding Considerations and Exclusions 1. All expenditures of the SCW Program Contribution by Recipient must comply with the provisions of Chapters 16 and 18 of the Code, including but not limited to the provisions regarding eligible expenditures contained in Section 16.05.A.2 and the provision regarding ineligible expenditures contained in Section 16.05.A.3. 2. SCW Program Contributions shall not be used in connection with any Funded Activity implemented as an Enhanced Compliance Action ("ECA") and/or Supplemental Environmental Project ("SEP") as defined by State Water Resources Control Board Office of Enforcement written policies, or any other Funded Activity implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority; provided, however, that SCW funds may be used for a Funded Activity implemented pursuant to a time schedule order ("TSO") issued by the Los Angeles Regional Water Quality Control Board if, at the time the TSO was issued, the Funded Activity was included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit. Recipient certifies that: (a) the Funded Activity is not being implemented as an ECA or SEP; (b) the Funded Activity is not being implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority; and (c) the Funded Activity is not being implemented pursuant to a TSO issued by the Los Angeles Regional Water Quality Control Board unless, at the time the TSO was issued, the Funded Activity was included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit. B-20. Indemnification The Recipient shall indemnify, defend and hold harmless the District and their elected and appointed officers, agents, and employees from and against any and all liability and expense arising from any act or omission of the Recipient, its officers, employees, agents, or subconsultants or contractors in conjunction with Recipient's performance under or pursuant to this Agreement, including defense costs, legal fees, claims, actions, and Page 17 of 36 Regional Program Agreement No. 202ORPUSGR01 causes of action for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage. B-21. Independent Actor The Recipient, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the District. The Recipient shall not contract work with a contractor who is in a period of debarment from any agency within the District. (LACC Chapter 2.202) B-22. Integration This is an integrated Agreement. This Agreement is intended to be a full and complete statement of the terms of the agreement between the District and Recipient, and expressly supersedes any and all prior oral or written agreements, covenants, representations and warranties, express or implied, concerning the subject matter of this Agreement. B-23. Lapsed Funds 1. The Recipient shall be able to carry over uncommitted Special Parcel Tax funds for up to five (5) years from the end of the fiscal year in which those funds are transferred from the District to the Recipient. 2. If the Recipient is unable to expend the SCW Program Contribution within five (5) years from the end of the Fiscal Year in which those funds are transferred from the District to the Recipient, then lapsed funding procedures will apply. Lapsed funds are funds that were transferred to the Recipient but were not committed to eligible expenditures by the end of the fifth (5th) fiscal year after the fiscal year in which those funds were transferred from the District. 3. Lapsed funds shall be allocated by the Watershed Area Steering Committee of the respective Watershed Area to a new Project with benefit to that Municipality or Watershed Area. 4. In the event that funds are to lapse, due to circumstances beyond the Recipient's control, then the Recipient may request an extension of up to twelve (12) months in which to commit the funds to eligible expenditures. Extension Requests must contain sufficient justification and be submitted to the District in writing no later than three (3) months before the funds are to lapse. 5. The decision to grant an extension is at the sole discretion of the District. 6. Funds still uncommitted to eligible expenditures after an extension is granted will be subject to lapsed funding procedures without exception. Page 18 of 36 Regional Program Agreement No. 202ORPUSGR01 7. Example: Fiscal Year Funds Lapse Extension Commit By Transferred After Reguest Due 2020-21 6/30/2026 No later than No later than 3/31/2026 6/30/2027 B-24. Modification This Agreement may be amended or modified only by mutual written consent of the Board and Recipient. B-25. Non -Discrimination The Recipient agrees to abide by all federal, state, and County laws, regulations, and policies regarding non-discrimination in employment and equal employment opportunity. B-26. No Obligation of the District The District will transfer the SCW Program Contribution to the Recipient for the funding of the Funded Activity. The District will have no further obligation, other than to transfer the funds, with respect to the Funded Activity itself. B-27. No Third -Party Rights The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking established herein .1Won ►r.�r� 1. The Recipient shall notify the District in writing within five (5) working days of the occurrence of the following: a. Bankruptcy, insolvency, receivership or similar event of the Recipient; or b. Actions taken pursuant to State law in anticipation of filing for bankruptcy. 2. The Recipient shall notify the District within ten (10) working days of any litigation pending or threatened against the Recipient regarding its continued existence, consideration of dissolution, or disincorporation. 3. The Recipient shall notify the District promptly of the following: a. Any significant deviation from in the submitted scope of the Funded Activity for the current Fiscal Year, including discussion of any major changes to the scope of the Funded Activity, noteworthy delays in implementation, anticipated Page 19 of 36 Regional Program Agreement No. 202ORPUSGR01 reduction in benefits, and/or modifications that change the SCW Program Goals intended to be accomplished by the Funded Activity. Under no circumstances may the Recipient make changes to the scope of the Funded Activity without receiving prior approval. b. Cessation of work on the Funded Activity where such cessation of work is expected to or does extend for a period of thirty (30) days or more; c. Any circumstance, combination of circumstances, or condition, which is expected to or does delay Activity Completion; d. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Recipient agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource. When the District is acting as the Lead Agency under CEQA for the Funded Activity, all work in the area of the find will remain suspended until the District has determined what actions should be taken to protect and preserve the resource and the Recipient agrees to implement appropriate actions as directed by the District; e. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by District representatives with at least fourteen (14) days' notice to the District; f. Activity completion. The Recipient acknowledges that, except for a subset of information regarding archaeological records, the Funded Activity records and locations are public records including, but not limited to, all of the submissions accompanying the application, all of the documents incorporated by reference into this Agreement, and all reports, disbursement requests, and supporting documentation submitted hereunder. B-30. Recipient's Responsibility for Work The Recipient shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Recipient shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project. The District will not mediate disputes between the Recipient and any other entity concerning responsibility for performance of work. B-31. Related Litigation The Recipient is prohibited from using the SCW Program Contribution to pay costs associated with any litigation described in Section 16.05.A.3. of the Code. Regardless of Page 20 of 36 Regional Program Agreement No. 202ORPUSGR01 whether the Project or any eventual related project is the subject of litigation, the Recipient agrees to complete the Project funded by the Agreement or to repay all the SCW Program Contribution plus interest to the District. B-32. Remaining Balance In the event that the Recipient does not spend all the SCW Program Contribution disbursed for the Funded Activity, Recipient shall promptly return the unspent SCW Program Contribution to the District. B-33. Reporting The Recipient shall be subject to and comply with all applicable requirements of the District regarding reporting requirements. Recipients shall report available data through the SCW Reporting Module, once available. Quarterly Progress/Expenditure Reports. The Recipient shall submit Quarterly Progress/Expenditure Reports, using a format provided by the District, within forty- five (45) days following the end of the calendar quarter (March, June, September, and December) to the District. The Quarterly Progress/Expenditure Reports shall be posted on the District's publicly accessible website. The Quarterly Progress/Expenditure Report shall include: a. Amount of funds received; b. Percent overall Funded Activity completion estimate; c. Breakdown of how the SCW Program Contribution has been expended; d. Documentation that the SCW Program Contribution was used for eligible expenditures in accordance with Chapters 16 and 18 of the Code; e. Description of activities that have occurred, milestones achieved, and progress made to date, during the applicable reporting period including comparison to Exhibit A submission and corresponding metrics; f. Identification of any phases or tasks of the scope of work that were scheduled to be started or completed during the reporting period (according to the work schedule), but which were delayed, and a discussion of the reasons for the delay, and of lessons learned; g. Scheduling concerns and issues encountered that may delay completion of the task; h. Work anticipated for the next reporting period; i. Any anticipated schedule or budget modifications; Page 21 of 36 Regional Program Agreement No. 202ORPUSGR01 Photo documentation (e.g. photos of community outreach events, stakeholder meetings, groundbreaking ceremonies, and project site that may be used on the publicly accessible District website) of the phases or tasks of the Project completed during the reporting period, as appropriate; k. Additional financial or project -related information as required by the District; I. Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), that the Project was conducted in accordance with Exhibit A; m. Status of Recipient's insurance; and n. Description of post -performance for each completed infrastructure project is required after the first operational year and for a total of three years after the project begins operation. Post -performance reports shall focus on how each project is actually performing compared to its expected performance; whether the project is operated and maintained and providing intended benefits as proposed. A post -performance template will be provided by the District. • Quarterly Progress/Expenditure Reports shall be submitted to the District Program Manager no later than forty-five days following the end of the calendar quarter as follows: Quarter End of Quarter Re ort Due First Quarter September 15 November Second Quarter December 15 February Third Quarter March 15 May Fourth Quarter June 15 August Annually, a summary of the Quarterly Progress/Expenditure Reports shall be submitted to the Watershed Area Steering Committees to explain the previous year's Quarterly Progress/Expenditure Reports by the Recipient. The summary report shall be submitted six (6) months after the close of the Fourth Quarter. The summary report shall include: Description of the Water Quality Benefits, Water Supply Benefits, and Community Investment Benefits and a summary of how funds have been allocated to achieve SCW Program Goals as articulated in Chapter 18.04 of the Code for the prior year. This includes comparisons to Exhibit A and alignment with corresponding specific quantitative targets and metrics (note that SCW Reporting Module will facilitate graphical representation of pertinent data). Page 22 of 36 Regional Program Agreement No. 202ORPUSGR01 • When the Funded Activity is an Infrastructure Program Project, include a description of how the County's Local and Targeted Worker Hire Policy has been applied and enforced; or if the Recipient is a Municipality and has adopted its own policy, include a description of how its policy was applied and enforced. • Where the Funded Activity is an Infrastructure Program Project that has applied for Institute for Sustainable Infrastructure (ISI) verification, include a description of the final score and Envision award level. Annually, the Recipient shall prepare and provide members of the public with up-to-date information on the actual and budgeted use of the SCW Program Contribution. • As Needed Information or Reports. The Recipient agrees to promptly provide such reports, data, and information as may be reasonably requested by the District including, but not limited to material necessary or appropriate for evaluation of the SCW Program or to fulfill any reporting requirements of the County, state or federal government. B-34. Representations, Warranties, and Commitments The Recipient represents, warrants, and commits as follows: 1. Authorization and Validity. The execution and delivery of this Agreement, including all incorporated documents, by the individual signing on behalf of Recipient, has been duly authorized by the governing individual(s), board or body of Recipient, as applicable. This Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law. 2. No Violations. The execution, delivery, and performance by the Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument to which the Recipient is a party or by which the Recipient is bound as of the date set forth on the first page hereof. 3. No Litigation. There are no pending or, to the Recipient's knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which affect the Recipient's ability to complete the Funded Activity. 4. Solvency. None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of the Recipient. As of the date set forth on the first page hereof, the Recipient is solvent and will not be rendered insolvent by the transactions Page 23 of 36 Regional Program Agreement No. 202ORPUSGR01 contemplated by this Agreement. The Recipient is able to pay its debts as they become due. 5. Legal Status and Eligibility. The Recipient is duly organized and existing and in good standing under the laws of the State of California and will remain so through Activity Completion. The Recipient shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority through Activity Completion. 6. Insurance. The Recipient shall follow the Insurance Manual prepared by the Risk Management Office of the Los Angeles County Chief Executive Office. For Infrastructure Program Projects the Recipient shall provide General Liability, Automobile Liability, Worker's Compensation and Employer's Liability, Builder's Risk Course of Construction Insurance, and Professional Liability as specified in the Insurance Manual: https://riskmanage ent.lacounty.ov/wp- content/UDloads/2019/06/Insurance-Manual-revised-Mav-2019.Ddf B-35. Requirements for Good Standing The Recipient must currently be in compliance with the District requirements set forth in this Agreement. The Recipient must demonstrate it has not failed to comply with previous County and/or District audit disallowances within the preceding five years. B-36. Requirements Related to Recipient's Contractors 1. The Recipient shall apply and enforce provisions mirroring those set forth in the then -current version of the County's Local and Targeted Worker Hire Policy (LTWHP) as to contractors performing work on such a Project. Alternatively, if the Recipient is a Municipality and has adopted its own policy that is substantially similar to the LTWHP, the Recipient may, at its election, choose to apply and enforce the provisions of its own such policy as to contractors performing work on such a Project in lieu of the provisions of the LTWHP. 2. The Recipient shall apply and enforce provisions mirroring those set forth in Los Angeles County Code (LACC) Chapter 2.211 (Disabled Veteran Business Enterprise Preference Program), LACC, Chapter 2.204 (Local Small Business Enterprise Preference Program), LACC, Chapter 2.205 (Social Enterprise Preference Program), LACC, Chapter 2.203 (Contractor Employee Jury Service Ordinance), LACC Chapter 2.206 (Defaulted Tax Program), LACC, Chapter 2.200 (Child Support Compliance Program, LACC, Chapter 2.160 (County Lobbyist Ordinance), Safely Surrendered Baby Law, and Zero Tolerance Policy on Human Trafficking, as to contractors performing work on such an Infrastructure Program Project, subject to statutory authorization for such preference program(s), and subject to applicable statutory limitations for such preference(s); and, furthermore, the Recipient shall take actions to promote increased contracting opportunities for Women -Owned Businesses on the Project, subject to applicable State or federal constitutional limitations. Page 24 of 36 Regional Program Agreement No. 202ORPUSGR01 3. The Recipient shall obtain all necessary approvals, entitlements, and permits required to implement the Project. Failure to obtain any necessary approval, entitlement, or permit shall constitute a breach of a material provision of this Agreement. 4. With respect to a Project funded with SCW Program Contributions through the Regional Program, if the Project has an estimated capital cost of over twenty-five million dollars ($25,000,000),as adjusted periodically by the Chief Engineer in accordance with changes in the Consumer Price Index for all urban consumers in the Los Angeles area, or other appropriate index, a provision that the Infrastructure Program Project Developer for such a Project must require that all contractors performing work on such a Project be bound by the provisions of: (1) a County- wide Project Labor Agreement (Community Workforce Agreement), if such an agreement has been successfully negotiated between the County and the Trades and is approved by the Board, or (2) a Project Labor Agreement ("PLA") mirroring the provisions of such Community Workforce Agreement. 5. With respect to a Project funded with SCW Program Contributions through the Regional Program, if one or more of the Municipalities that is a financial contributor to a Project has its own PLA, a provision that the Infrastructure Program Project Developer for the Project must require that contractors performing work on the Project are bound to such PLA. If more than one of the contributing Municipalities to a capital project has a PLA, the Project Developer shall determine which of the PLAs will be applied to the Project. 6. Payment Bond. Payment bonds for exceeding twenty-five thousand dollars are required. A payment bond is defined as a surety bond posted by a contractor to guarantee that its subcontractors and material suppliers on the Project will be paid. 7. Performance Bond. Where contractors are used, the Recipient shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Recipient in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issues pursuant to this paragraph must be issued by a California -admitted surety. (Pub. Contract Code, 7103; Code Civ. Proc. 995.311.) 8. Prevailing Wage. The Recipient agrees to be bound by all the provisions of Sections 1771 and 1774 of the California Labor Code regarding prevailing wages and requires each of subcontractors to also comply. The Recipient shall monitor all contracts resulting from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. The Recipient affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance, and the Recipient affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make it contractors and subcontractors aware of this provision . Page 25 of 36 Regional Program Agreement No. 202ORPUSGR01 9. Public Funding. This Funded Activity is publicly funded. Any service provider or contractor with which the Recipient contracts must not have any role or relationship with the Recipient, that, in effect, substantially limits the Recipient's ability to exercise its rights, including cancellation rights, under the contract, based on all the facts and circumstances. B-37. Travel Any reimbursement for necessary ground transportation and lodging shall be at rates not to exceed those set by the California Department of Human Resources; per diem costs will not be eligible expenses. These rates may be found at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel amounts that are current as of the date costs are incurred by the Recipient. No travel outside the Los Angeles County Flood Control District region shall be reimbursed unless prior written authorization is obtained from the Program Manager. B-38. Unenforceable Provision In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. Page 26 of 36 Regional Program Agreement No. 2020RPUSGR0l EXHIBIT C — SPECIAL CONDITIONS [If the Recipient is a public agency] C-1. The Recipient acknowledges and agrees that the Recipient is the "lead agency" regarding compliance with the California Environmental Quality Act (CEQA) in connection with the Funded Activity and shall be responsible for the preparation of all documentation, analysis and other work and any mitigation necessary to comply with CEQA in connection with the Funded Activity. By entering into this Agreement, the District is not approving any activity that would be considered a project under CEQA. C-2. Upon the completion of the documentation, analysis and other work necessary to comply with CEQA as described in section C-1, the Recipient shall promptly provide such documentation, analysis and work to the District. The Recipient acknowledges that the District is a Responsible Agency under CEQA in connection with the Funded Activity and that the District will not disburse the SCW Program Contribution for any activities that meet the definition of a project under CEQA until the Recipient has provided such documentation, analysis and other work to the District and the District has complied with its obligations as a Responsible Agency under CEQA. C-3. In addition to its other indemnification obligations pursuant to this Agreement, the Recipient hereby agrees to indemnify, defend, and hold harmless District, the County of Los Angeles and their officers, employees, and agents from and against any and all claims and/or actions related to the Funded Activity that may be asserted by any third party or public agency alleging violations of CEQA or the State CEQA Guidelines or the NEPA. C-4. Notwithstanding any other provision of this Agreement, if any documentation or other analysis pursuant to CEQA discloses that the Funded Activity, or portion thereof, will have one or more significant environmental impacts that cannot be feasibly mitigated, the Recipient shall promptly notify and consult with the District. With the District's approval, the Recipient may determine to terminate or modify the implementation of all or any portion of the Funded Activity in order to avoid such environmental impacts. C-5. In the event the parties, pursuant to the preceding paragraph, determine to terminate the implementation of the entirety of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions and the Recipient shall thereafter have no further obligation under this Agreement to implement the Funded Activity. In the event the parties determine to terminate the implementation of a portion of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions for the terminated portion of the Funded Activity and the Recipient shall thereafter have no further obligation under this Agreement to implement the Page 27 of 36 Regional Program Agreement No. 202ORPUSGR01 terminated portion of the Funded Activity, but this Agreement shall remain in full force and effect as to the portion of the Funded Activity not terminated. [If the Recipient is not a public agency] C-1. The Recipient shall be responsible for the preparation of all documentation, analysis and other work including any mitigation, necessary to comply with the California Environmental Quality Act (CEQA) in connection with the Funded Activity. Environmental documentation prepared in connection with the Funded Activity will be subject to the review and analysis of the District. Any decisions based on the documentation prepared by the Recipient will reflect the independent judgment of District. By entering into this Agreement, the District is not approving any activity that would be considered a project under CEQA and the Recipient acknowledges that the District will not disburse the SCW Program Contribution for any activities that meet the definition of a project under CEQA until the Recipient has prepared the documentation, analysis and other work necessary to comply with CEQA to the District's satisfaction. C-2. In addition to its other indemnification obligations pursuant to this Agreement, the Recipient hereby agrees to indemnify, defend, and hold harmless District, the County of Los Angeles and their officers, employees, and agents from and against any and all claims and/or actions related to the Funded Activity that may be asserted by any third party or public agency alleging violations of CEQA or the CEQA Guidelines or the NEPA. C-3. Notwithstanding any other provision of this Agreement, if any documentation or other analysis pursuant to CEQA discloses that the Funded Activity or any portion thereof will have one or more significant environmental impacts that cannot be feasibly mitigated, the District, after consultation with the Recipient, may terminate the SCW Program Contribution for all or any portion of the Funded Activity or may request that the Funded Activity be modified in order to avoid such environmental impact(s). C-4. In the event that the District terminates the SCW Program Contribution for the entirety of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions and the Recipient shall thereafter have no further obligation under this Agreement to implement the Funded Activity. In the event the District terminates the SCW Program Contribution for a portion on of the Funded Activity, the Recipient shall promptly return all previously disbursed but unspent SCW Program Contributions for the terminated portion of the Funded Activity and the Recipient shall thereafter have no further obligation under this Agreement to implement the terminated portion of the Funded Activity, but this Agreement shall remain in full force and effect as to the portion of the Funded Activity for which the SCW Program Contribution was not terminated. Page 28 of 36 Regional Program Agreement No. 202ORPUSGR01 EXHIBIT D — ADDENDUM TO AGREEMENT -DRAFT TEMPLATE - ADDENDUM NO. TO TRANSFER AGREEMENT NO. BETWEEN THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND (INSERT PROJECT DEVELOPER) SAFE, CLEAN WATER PROGRAM — REGIONAL PROGRAM This Addendum No. to Transfer Agreement No. hereinafter referred to as "Addendum No. ", is entered into as of by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and (Project Developer/Scientific Studies Applicant) , hereinafter referred to as "Recipient." WHEREAS, District and Recipient entered into Transfer Agreement No. 'hereinafter referred to as "Agreement", pertaining generally to the transfer of a SCW Program Contribution (as therein defined) from District to Recipient for the implementation by Recipient of a Funded Activity (as therein defined) to increase stormwater and/or urban runoff capture and/or reduce stormwater and/or urban runoff pollution, on ; WHEREAS, the Agreement provides for the disbursement of the SCW Program Contribution for the 2020-21 Fiscal Year (as therein defined), and further provides that if the Funded Activity is included in a duly approved Stormwater Investment Plan (as therein defined) for a subsequent Fiscal Year, the parties shall enter into an addendum to the Agreement regarding the disbursement of the SCW Program Contribution for that subsequent Fiscal Year; WHEREAS, the Funded Activity has been included in a duly approved Stormwater Investment Plan for Fiscal Year ; NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows: 1. The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code together with the definitions set forth in the Agreement shall apply to this Addendum No. 2. The District shall disburse the SCW Program Contribution for the Fiscal Year as described in the Budget Plan within days of the execution of this Addendum by the last party to sign. 3. All terms and conditions of the Agreement shall remain in full force and effect. Page 29 of 36 IN WITNESS WHEREOF, this Addendum No. has been executed by the parties hereto. (Recipient) By: _ Name: Title: Date: HOA.102956368.1 Page 30 of 36 EXHIBIT E — NATURE BASED SOLUTIONS (NBS) BEST MANAGEMENT PRACTICES Nature -based solutions (NBS) refers to the sustainable management and use of nature for undertaking socio -environmental challenges, including climate change, water security, water pollution, food security, human health, and disaster risk management. As this environmental management practice is increasingly incorporated into projects for the SCW Program, this guidance document may be expanded upon to further quantify NBS practices based on benefits derived from their incorporation on projects. The SCW Program defines NBS as a Project that utilizes natural processes that slow, detain, infiltrate or filter Stormwater or Urban Runoff. These methods may include relying predominantly on soils and vegetation; increasing the permeability of Impermeable Areas; protecting undeveloped mountains and floodplains; creating and restoring riparian habitat and wetlands; creating rain gardens, bioswales, and parkway basins; enhancing soil through composting, mulching; and, planting trees and vegetation, with preference for native species. NBS may also be designed to provide additional benefits such as sequestering carbon, supporting biodiversity, providing shade, creating and enhancing parks and open space, and improving quality of life for surrounding communities. NBS include Projects that mimic natural processes, such as green streets, spreading grounds and planted areas with water storage capacity. NBS may improve water quality, collect water for reuse or aquifer recharge, or to support vegetation growth utilizing natural processes. Recipients are to consider using Nature -Based Solutions for infrastructure projects and include in each Quarterly Progress/Expenditure Report and annual summary whether and how their project achieves a good, better, or best for each of the 6 NBS methods in accordance with the guidance below. Additionally, Quarterly Progress/Expenditure Reports should include discussion on any considerations taken to maximize the class within each method. If at least 3 methods score within a single class, the overall project can be characterized as that class. Recipients must attach a copy of the matrix for each Project with the good, better, or best column indicated for each method, to facilitate District tracking of methods being utilized. ,Til :* 9: [Q Vegetation/Green Space Increase of Permeability Protection of Undeveloped Mountains & Floodplains Creation & Restoration of Riparian Habitat & Wetlands HOA.102956368.1 Page 32 of 36 HOA.102 56368.1 Fuge 33 of 36 EXHIBIT F — OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT Recipient or approved Project operator shall operate and maintain infrastructure projects for the useful life of the project and are to consider using the following guidance for operations and maintenance. Operational maintenance is the care and upkeep of Projects that may require detailed technical knowledge of the Project's function and design. Project specific operational and maintenance plans shall consider the activities listed below and set forth specific activities and frequencies (not limited to those below) as determined to be appropriate by the Municipalities and best practices, including stakeholder engagement as applicable. Operational maintenance is to be performed by the operator of the Project with a purpose to make the operator aware of the state of readiness of the Project to deliver stormwater and urban runoff benefits. 1. Litter Control • Regularly removal of litte accumulated debris near play areas, rest areas, fence perim drains, pedestrian trails, vies pathways. • Regularly inspection and main • Maintaining trash receptacles • Removal of trash, debris, and • Inspection and cleaning of tra: • Inspection of weir gates and s 2. Vegetation Maintena Kecognition ana re morning glory, vine - spreading weeds. nonhazardous waste materials, and I areas, rock areas, decomposed granite rs, adjoining access roads and driveways, g stations, shelter houses, and bicycle lance of pet waste stations ckages from bioswales )ooms logs to clean debris, as required. weeds, such as perennial weeds, s, ragweed, and other underground o Avoiding activities that result in weed seed germination (e.g. frequent soil cultivation near trees or shrubs) o Regularly removal of weeds from landscape areas, including from berms, painted areas, rock areas, gravel areas, pavement cracks along access roads and driveways, drains, pedestrian trails, viewing stations, park shelters, and bicycle paths. • Tree and shrubbery trimming and care o Removal of dead trees and elimination of diseased/damaged growth o Prevent encroachment of adjacent property and provide vertical clearance o Inspect for dead or diseased plants regularly • Wetland vegetation and landscape maintenance o Installation and maintenance of hydrophytic and emergent plants in perennially wet and seasonal, intermittent habitats. HOA.102 56368.1 Page 34 of 3 3 0 5 o Draining and drawdown of wetland and excessive bulrush removal o Weed and nuisance plant control o Removal of aquatic vegetation (e.g. algae and primrose) using appropriate watercraft and harvesting equipment o Wildflower and meadow maintenance o Grass, sedge, and yarrow management o Removal of unwanted hydroseed Wildlife Management • Exotic species control • Provide habitat management; prom densities and promote habitat structu • Protect sensitive animal species (e.c including breeding and migration) e growth of plants at appropriate for animal species protection during critical life stages • Avoid disturbances to nesting birds • Avoid spread of invasive aquatic. species Facility Inspection • Inspect project sites fo • Inspect for and report paving surfaces, walls, • I nsoect; facilities .,for ha • Inspect shade st • Inspect hardscal • Inspect and mah • Inspect site furni • Maintain deck ar • Visually inspect � • Inspect all struct months, and opE UD. Irrigation and insect infE shelter hOUSE ,' and educatior conditions on for structural da Cations on a regular basis , viewing stations, benches, I and directional signs gads and trails (e.g. access >, and maintenance roads) or defacement .a+in interpretive and informational signs hings (e.g. benches, hitching posts, bicycle racks) as (e.g. benches, signs, decking surfaces) eirs and flap gates for damage; grease to prevent locking. res after major storm events, periodically inspect every 3 ate gates through full cycles to prevent them from locking ent • Ensuring automatic irrigation controllers are functioning properly and providing various plant species with proper amount of water. o Cycle controller(s) through each station manually and automatically to determine if all facets are functioning properly. o Inspection should be performed at least monthly. o Recover, replace, or refasten displaced or damaged valve box covers. o Inspect and repair bubbler heads. HOA.102 56368.1 Page 35 of 36 A N o Repair and replace broken drip lines or emitters causing a loss of water (to prevent ponding and erosion). o Maintain drip system filters to prevent emitters from clogging. Inspection and cleaning should occur at least monthly. o Inspect and clean mainline filters, wye strainers, basket filters, and filters at backflow devices twice a year. o Maintain and check function of the drip system. • Keeping irrigation control boxes clear of vegetation • Operating irrigation system to ensure it does not cause excessively wet, waterlogged areas, and slope failure • Utilizing infrequent deep watering techniques to encourage deep rooting, drought tolerant plant characteristics to promote a self-sustaining, irrigation free landscape • Determine watering schedules based on season, weather, variation in plant size, and plant varieties. At least four times a year (e.g. change of season), reschedule controller systems.' • Turn off irrigation systems at the controller .at the beginning of the rainy season, or when the soil has a high enough moisture content. • Use moisture sensing devices to determine water penetration in soil. Erosion Management and • Inspect slopes for erosion during each maintenance activity • Inspect basins for erosion • Take corrective measures as needed, including filling eroded surfaces, reinstalling or extending bank protection, and replanting exposed soil. ng Activities • Monitor controllable intake water flow and water elevation • Examine inflow and outflow structures to ensure devices are functioning properly and are free of obstructions. • Water quality sampling (quarterly, unless justified otherwise) • Checking telemetry equipment • Tracking and reporting inspection and maintenance records Vector and Nuisance Insect Control • Monitoring for the presence of vector and nuisance insect species • Adequate pretreatment of influent wastewater to lessen production of larval mosquitos • Managing emergent vegetation • Using hydraulic control structures to rapidly dewater emergent marsh areas • Managing flow velocities to reduce propagation of vectors HOA.102 56368.1 Page 36 of 36 ITEM NO. 6 TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: February 17, 2021 SUBJECT: Approve Request -for -Service Proposals from the City's On -Call Consultant, Infrastructure Engineers, Inc. (IE) for Civil Design Services for the Various Street Rehabilitation Project and the San Gabriel River Greenway and Neighborhood Connections Project SUMMARY This item will approve two (2) Request -for -Service (RFS) proposals for Civil Design Services by the City's on-call consultant Infrastructure Engineers, Inc. The requested design services are for the Various Street Rehabilitation Project and the San Gabriel River Greenway and Neighborhood Connections Project. These projects are listed in the approved Fiscal Year 2020-2021 Capital Improvement Program (CIP) as projects CIP #20-37 and CIP #20-129 respectively. RECOMMENDATION It is Staff's recommendation that the City Council authorize the Director of Public Works to approve the RFS proposals from Infrastructure Engineers (IE) in the amount of $46,664 for the completion of the plans, specifications and estimate (PS&E) for the Various Street Rehabilitation Project and $86,496 for the completion of the PS&E for the San Gabriel River Greenway and Neighborhood Connections Project. FISCAL IMPACT There is no impact to the General Fund. The projects are listed in the FY 2020-21 CIP Budget approved by City Council on July 15, 2020. Design services costs are approximately 8% of the estimated project budget. The following table lists the funds available for the projects: CIP No. 20-37 Grants Fund (STPL) — Fund # 270-50-520-58100-15082 $750,000 Proposition C — Fund # 245-50-520-58100-15625 $90,000 CIP No. 20-129 Proposition C— Fund #245-50-520-58100-15093 $89,040 Total Available Funds $929,040 BACKGROUND On February 18, 2018 the City Council approved a General On -Call Professional Service Agreement (PSA) with Infrastructure Engineers for Engineering Design, Plan Check, Construction Management, Inspection and Related Services. Initially, the Public Works Director had authorization to approve RFS proposals up to a limit of $120,000 per RFS. However, at their January 20, 2021 regular meeting, the City Council provided Staff with direction to bring all RFS proposals exceeding the City's purchasing policy limits for Council consideration. Approval of this item will authorize the Public Works Directed to execute two (2) Request for Service (RFS) proposals for Civil Design Services by the City's on-call consultant Infrastructure Engineers, Inc. The requested design services are for the Various Street Rehabilitation Project and the San Gabriel River Greenway and Neighborhood Connections Project. DISCUSSION The proposed work for the Various Street Rehabilitation Project consists of paving approximately 1.7 centerline miles of various arterial corridors comprised of 5 street segments. Proposed improvements include coldmill and asphalt concrete overlay, removing and replacing damaged sidewalk, curb and gutter, upgrading and constructing new access ramps, adjusting maintenance sewer and storm drain covers, installing striping and pavement messages. The San Gabriel River Greenway and Neighborhood Connections includes landscaping design services including planting of native vegetation, drought tolerant trees, and the construction of bioswales along the greenway. Additional enhancements include, but are not limited to, installing benches, shade structures, hydration stations, bike tire repair stations, fencing and lighting. The proposed project will connect Ramona Boulevard to Baldwin Park Boulevard, along Walnut Creek and the San Gabriel river creating "Linear Park" comprised of a safe and accessible intricate network of Class II and Class 111 bikeways with multiple access points along residential streets. The Project is consistent with the City's and regional Master Bike Path Plan to construct a path that will traverse the City of Baldwin Park and connect to the proposed Big Dalton Wash Trail. If the item is approved, Staff will provide the consultant with a Notice to Proceed (NTP) to commence the design work. It is expected that the consultant will complete the work within four (4) months from the date of the NTP. ALTERNATIVES 1. The City Council may choose not to approve the RFS proposal from IE and task staff to circulate a Request for Proposals (RFP). This action is not recommended as the RFP process may delay the work and impact the project delivery schedule. 2. Provide Staff with alternate direction. ENVIRONMENTAL REVIEW The subject Various Streets Rehabilitation project is exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 (Section 15201, Existing Facilities), subsection (c) exemption, which includes the coldmill and asphalt concrete overlay, removing and replacing damaged sidewalk, curb and gutter, upgrading and constructing new access ramps, adjusting maintenance sewer and storm drain covers, and installing striping and pavement messages. The key consideration for a Class 1 exemption is whether the project involves negligible or no expansion of an existing use. LEGAL REVIEW Not required. ATTACHMENTS 1. Proposal for the Various Street Rehabilitation Project 2. Proposal for the San Gabriel River Greenway and Neighborhood Connections Project REQUEST FOR SERVICES City of Baldwin Park 44INFRASTRUCTURE *1� ENGINEERS TO: Sam Gutierrez, Director of Public Works DATE: January 7, 2021 FROM: Farzad Dorrani, MS, Chief Operations Officer SUBJECT: Paving Residential and Major Streets Rehabilitation FY20/21 (Design Phase) Acct. No.: Type of Project: ®Public Works OCommunity Development [:]Traffic [:] Park and Rec. Description of Request: The scope of service includes preparing Plans, Specifications and Construction Estimate (PS&E) for the following streets as detailed in the attached Exhibit "A": 1. South Garvey/Dalewood between Puente Ave. and WC City Limit 2. Baldwin Park Blvd. between Kenmore and Breese Street 3. Ramona Blvd. Between Svracuse Ave. and West Citv Limit (Baldwin Park Section Onl 4. Merced Ave. Between Baldwin Park Blvd. and Ramona Blvd. 5. Fairgrove Ave. Between Frazier Ave. and Syracuse Ave. Infrastructure Engineers' fee for above services is as indicated below: TASK DESCRIPTION Billing Rate; Project Manager $176 QA/OC Manager $154 Associate Engineer Engineer $131 Engineering Assistant $110 Operator $105 TOTAL FEE Project Management and Meetings 8 24 $ 4,552 Record Reasearch & Utility Coordination 2 12 6 $ 2,212 Base Map from Aerials and As -Built Plans 2 2 16 12 6 $ 4,706 65% & 95% Design (PS&E) 12 6 98 20 80 $ 26,474 100% Design (PS&E) 4 4 24 8 24 $ 7,864 Bid Support 2 6 $ 1,138 Prepare As -Built Plan 1 2 1 4 1 8 1 $ 1 718 TOTAL FOR ENGINEERING SERVICES 291 12 172 56 124 $ 48, This RFS is for the above tasks only as stated and does not include any other tasks related to the proiect. A separate RFS shall be prepared for any additional tasks to the above tasks., To be completed by Infrastructure Engineers: Project Number: Projected Date of Completion Project Manager: Estimated Cost of Services: Four (4) months after RFS approval Farzad Dorrani, MS $48,664 Farzad Dorrani, MS, Chief Operations Officer APPROVED TO PROCEED: Sam Gutierrez, Director of Public Works 1/7/2021 Date Date N:\10_Business Develodment\RFSs\Badwin Park\2021 RFS\BP-2021 -RFS001 -Paving Residential and Major Streets Rehloilitation FY20-21 (Design Phase) -01 -07-21 doc Page 1 of 2 ID Task Name Duration Start Finish Qtr 2, 2021 _Feb ( Mar_ _ A_2r L_May � Jun^ 1 RFS Signed 1 day Mon 2/8/21 Mon 2/8/21 2 Geotechnical Investigation and Report 20 days Tue 2/9/21 Tue 3/9/21 3 Generate Base Maps 10 days Tue 2/9/21 Tue 2/23/21 mom , 4 35% Plan Submittal 5 days Wed 2/24/21'Tue 3/2/21 5 35% City Review Period 5 days Wed 3/3/21 Tue 3/9/21. h .1 6 65% PS&E Submittal 15 days Wed 3/10/21Tue 3/30/21 i 7 63% City Review Period 19 days Wed 3/:31/21Tue 4/13/21 8 95% PS&E Submittal 12 days Wed 4/14/21'Thu 4/29/21 9 93% City Review Period 10 days Fri 4/30/21 Thu 5/1:3/21. 10 100% PS&E Submittal 8 days Fri 5/14/21 Tue 5/25/21 11 100% City Revevr Period S days Wed 5/26/21 Wed 6/2/21 12 Final Signed PS&E Submittal 5 days Thu 6/3/21 Wed 6/9/21 13 14 15 16 ' 17 Task �e,�„�' 'F,"'FM Inactive Summary External Tasks Split _ _ . t = _ _ B . Manual Task External Milestone '> Milestone C� Duration -only �t ;.".., :t s �� s,Ys�,,,.w" - Deadline Project: Schedule -Paving of Re Date: Tue 2/2/21 Summary Manual Summary Rollup nmmm=======mm Progress Project Summary .. Manual Summary Manual Progress Inactive Task Start -only Inactive Milestone Finish -only am REQUEST FOR SERVICES EXHIBIT "A" 44*INFRASTRUCTURE 1 ENGINEERS N:\10_Business Development\RFSs\Baidwin Park\2021 RFS\BP-2021-RFS00I -Paving Residential and Major Streets Rehbilitation FY20-21 (Design Phase) -01-07-2 1 coc Page 2 of 2 E tT v..e�,�w t ,t��4CJA�R51EL �,� JMO) `} December 15, 2020 SUBJECT: REQUEST FOR SERVICES- FOR THE CIVIL DESIGN OF THE PAVING OF RESIDENTIAL AND MAJOR STREETS REHABILITATION- CIP 20-37 Proiect Details Prepare complete set of plans, specifications, and engineer's estimate for the project. The improvement plans shall be prepared on 24" x 36" sheets. These plans shall include the street information cross-referenced with a data sheet outlining areas for repair of AC pavement, valve and manhole adjustment quantities, slurry seal, chip seal or any other recommended rehabilitation methods. Fee Schedule The fee proposal shall include a not -to -exceed (NTE) figure and hourly billing rates for typical staff classifications and cost breakdown per task. These rates will be used to negotiate any additional work the City may request. All assumptions upon which the costs are based shall be stated. Proiect Scheduling Provide a schedule identifying milestones for the major tasks in the design of the project, beginning with the Notice to Proceed. The City is seeking a quick time frame for design completion by February 1, 2021 to meet a late sprin_gl early summer construction schedule. Overall Project Objectives and Deliverables CONSULTANT shall identify tasks for Civil design and shall take into consideration the following items: 1. Provide civil engineering design services for the Project: Paving Residential and Major Streets Rehabilitations , including the preparation of PS&E. 2. Design of new ADA curb ramps and bulb -outs as needed. 3. Design of new crosswalks, pedestrian push buttons, and traffic striping and signage improvements as needed. 4. Conduct project kick-off meetings with Public Works staff in reviewing the project. Specific design criteria addressed during the meeting, along with preferred project strategies, cost limitations and, most importantly, potential cost savings that can be addressed in designs. Prepare Agendas of special items that warrant Page 2 RFS discussion at project status meetings. Prepare and distribute minutes with action items to involved parties. All work to be completed per the projects detailed project scope, schedule milestones, construction objectives, and other pertinent project details. 5. Perform land surveys for the project as needed. Including but not limited to Topographic survey, reestablishing Center Line ties and recordation with County Recorder's office. 6. Perform a site investigation to evaluate the existing condition of items pertaining to the design. 7. Conduct fieldwork to verify the locations of surface utility features within the project limits. During the field investigation, validate the locations of other special features and items such as traffic signal loops, Manholes, vaults, , water valves. In conjunction with information researched, notify affected utility companies of the impending project. Surface features requiring adjustment will be identified and properly coordinated with the corresponding utility company. 8. Arrange to have potholes taken by the utility company. If the proposed improvements interfere with existing utilities, provide the City with copies of all correspondence with the utility companies compiled in a book report at the submittal of 95% plan completion. 9. A base map will be prepared and used for the preparation of construction drawings. This will show existing features necessary to depict the intended work within the project. As -built plans, field measurements and field survey work will be used for the compilation. The field survey work will be limited to those items and areas necessary for the proposed design. This includes obtaining adequate topography and cross sections in areas of street widening or water or sewer line projects. This approach is anticipated to present a cost savings to the City while maintaining intent and quality of work. 10. Prepare plans to City standards, latest GreenBook, latest APWA and Caltrans standards, utilizing base mapping and approved improvement concept. 11. Prepare a comprehensive set of technical specifications. All bid items required by the plans or otherwise needed to accomplish project construction will be thoroughly described in the general provisions and included in the contractor's bid list. 12. PS&E submittal package for City's review at certain milestones, depending the scope of work for each project. These milestones are usually at 35%, 65%, 95% and 100%. A final set of electronically signed plans (including a PDF and AutoCAD files along with specifications (MS Word) and estimates (MS Excel), will be submitted to the City for bidding purposes. 13. Prepare as -built plans based on the red mark-up plans provided by the contractor at the end of project construction and submit to the City for their retention and filing. Page 3 RFS Project locations: • South Garvey/Dalewood between Puente Ave and WC City Limit • Baldwin Park Blvd between Kenmore Ave and Breese Street • Ramona Blvd Between Syracuse Ave and West City Limit (Baldwin Park Section only) • Merced Ave between Baldwin Park Blvd and Ramona Blvd • Fairgrove Ave between Fraizer Ave and Syracuse Ave INFRASTRUCTURE REQUEST FOR SERVICES EE NGINEERS ,`.SSS ., Y'Y�S}SSS3f Y}1,:12m :%aa'u, 'Y.}3514£Wks`aiJ,YY�.JUttJSSiSY,a£#4S4S44CSiSr&a.915i�b111�1151kSSS.L TSaSaah'a..�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,YSi4Y4°YaS13U,tvYSS �1..\U555555555555555��Y4�"v�'S'tLt �n£➢44bi211t b5'�\`,`r.F.Y�iD tiAk 4.F.CS`�Y1\11l'.abSltYk.h l.. "`YnY�YY�> City of Baldwin Park TO: Sam Gutierrez, Director of Public Works DATE: January 15, 2021 FROM: Farzad Dorrani, MS, Chief Operations Officer SUBJECT: The Landscaping Design of the San Gabriel River Greenway and Neighborhood Connection Project Phase I (Design Phase) Acct. No.: Type of Project: ®Public Works ❑Community Development ❑Traffic ❑ Park and Rec. Description of Request: The scope of service to design landscape and irrigation for the San Gabriel River Greenway and Neighborhood Connection Project Phase I which will include preparing Plans, Specifications and Construction Estimate (PS&E) as detailed in the attached Exhibit "A": Infrastructure Engineers' fee for above services is as indicated below: This RFS is for the above tasks only and does not include any other tasks related to the project which is not listed herewith. A separate RFS shall be prepared for any additional tasks for City's approval. N:\10_Business Development\RFSs\Baldwin Park\2021 RFS\BP-2021-RFS002-The Landscaping Design of the San Gabriel River Greenway and Neighborhood Connection Project Phase I (Design Phase) -01 -1 5-21.doc Page 1 of 3 Project OAIOC Associate Engineering CADD Armstrong& TASK DESCRIPTION Manager Manager Engineer Assistant Operator IE Walker 'Sub -Consultant TASK Taam Total Total TOTALFEE ArchitectureLandscape +Billet Rate. Lum Sum $176 $154 $131 $110 1 $105 DESIGN PHASE 1 Project Management and Meeting 12 28 $ 5,780 $ 3,623__$_ 3,623 $ 9,403 2 Utility Research and Coordination 2 20 $ 2,462 $ - $ - $ 2,462 3 Coordination with Army Corp and LACFCD 8 60 12 $ 10,588 $ - $ - $ 10,588 4 Field Visit 1 ----- 5 Prepare Base Map 2 ........--- 12 ........... 22 4 $ 4,764 . $ - $ - .................. $ 4,764 6 Prepare Conceptai Plans & Cost Estimate (35% Submittal) ............. ......... — .......... . .-..__-_. -- ----------------- 7 Prepare 65 % PS&E Submittal 8 2 24 60 24 $ 13,980 $ 14,756 $ 14,756 $ 28,736 8 Prepare 90% PS&E Submittal 6 2 16 28 8 $ 7,380 $ 5,675 $ 5,675 $ 13,055 9 Prepare 1001% PS&E Submittal4 1 4 8 4 $ 2,682 $ 2,270 $ 2,270 $ 4,952 10 Prepare As -Built Plans 1 2 8 $ 1,318 $ 633 $ 633 $ 1,951 BID PHASE 1 11 IBidSupport I 1 4 1 2 1 $ 920 $ 978 $ 978 $ 1,898 TOTAL FOR ENGINEERING SERVICES 1 44 6 16$ 1 164 40 1 $ 52,9161 $ 33,5801 $ 33,580; $ 86,496 This RFS is for the above tasks only and does not include any other tasks related to the project which is not listed herewith. A separate RFS shall be prepared for any additional tasks for City's approval. N:\10_Business Development\RFSs\Baldwin Park\2021 RFS\BP-2021-RFS002-The Landscaping Design of the San Gabriel River Greenway and Neighborhood Connection Project Phase I (Design Phase) -01 -1 5-21.doc Page 1 of 3 INFRASTRUCTURE REQUEST FOR SERVICES EE NGINEERS ,`.SSS ., Y'Y�S}SSS3f Y}1,:12m :%aa'u, 'Y.}3514£Wks`aiJ,YY�.JUttJSSiSY,a£#4S4S44CSiSr&a.915i�b111�1151kSSS.L TSaSaah'a..�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,Y�,YSi4Y4°YaS13U,tvYSS �1..\U555555555555555��Y4�"v�'S'tLt �n£➢44bi211t b5'�\`,`r.£�i�iD tiAk 4.F.CS`�Y1\11l'.abSltYk.h l.. "`YnY�YY�> To be completed by Infrastructure Engineers: Project Number: Projected Date of Completion Project Manager: Estimated Cost of Services: Eight (8) months from RFS Approval Farzad Dorrani, MS $86,496 Farzad Dorrani, MS, Chief Operations Officer APPROVED TO PROCEED: Sam Gutierrez, Director of Public Works Date Date N:\10_Business Development\RFSs\Baldwin Park\2021 RFS\BP-2021-RFS002-The Landscaping Design of the San Gabriel River Greenway and Neighborhood Connection Project Phase I (Design Phase) -01 -1 5-21.doc Page 2 of 3 4+INFRASTRUCTURE 1 ENGINEERS ,`.SSS .,�}SSS3f S}1,:12m :%aa'u, 'Y.}3514£Wks`aiJ,YY�.JUttJSSiS",a£#4S4S44CSiSr&a.915i�b111�1151kSSS.L TSaSaah'a..�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.�,.Si4(4 akS13U,tv1SS �1..\U555555555555555��54�"v�'S'tLt �n£➢44bi211t b5'�\`,`r.£�i�iD tiAk 4. F. CS`�t1\11l'.abSltYk.h l.. "`> Attachment "A" N:\10_Business Development\RFSs\Baldwin Park\2021 RFS\BP-2021-RFS002-The Landscaping Design of the San Gabriel River Greenway and Neighborhood Connection Project Phase I (Design Phase) -01 -1 5-21.doc Page 3 of 3 December 28, 2020 SUBJECT: REQUEST FOR SERVICES- FOR THE LANDSCAPING DESIGN OF THE SAN GABRIEL RIVER GREENWAY AND NEIGHBORHOOD CONNECTIONS PROJECT PHASE I Project Details The Project is for engineering design services for 2.5 miles of class I bicycle and pedestrian path starting at the west side of the existing San Gabriel River Bikeway on the San Gabriel Channel Levee at Ramona Boulevard, an existing Los Angeles County Flood Control service road South of Ramona Boulevard, traveling under the 1-10 Freeway bridge to the confluence of the San Gabriel River, then under the 1-605 Freeway bridge to a rest area at Walnut Creek Nature Park and ending at Baldwin Park Boulevard where it connects to a class III Bicycle Route. The entire project is built on right-of-way controlled by the City, Los Angeles County Department of Public Works, Los Angeles County Flood Control District, Army Corp and Caltrans, being acquired by the City or through a Land Use Agreement with the Los Angeles County Department of Public Works and Permits from Caltrans District 7, SCE, Army Corp, LA Power and Water, etc. Design Phase of the project includes: Project Management and Meetings, Data Collection and Record Research, Utility Research and Agencies Coordination, Surveying, Hydraulic and Hydrology Analysis, and 35%, 65%, 95% and 100% and Final Plan, Specifications and Cost Estimate. The Phase I Project will plant native vegetation in landscape areas, drought tolerant trees, and bioswales along the greenway. Additional enhancements include, but is not limited to the following, benches, shade structures, hydration stations, drinking fountain, bike repair stations, fencing, lighting, and inviting landscaping. The design and LA County permits shall be obtained by September 1, 2021. Overall Project Objectives and Deliverables Landscape Architectural Design CONSULTANT shall identify tasks for Landscape Architectural Design and Material Selections and shall take into consideration the following items: 1. Provide landscape architectural design services for San Gabriel River Greenway and Neighborhood Connections Greenway Phase I Project, including the preparation of PS&E. 2. Design of new decorative street lights including foundations and electrical connections or solar alternatives Page 2 RFS 3. Design of new native vegetation in landscape areas including drought tolerant trees and drip irrigation?? Point -of Connection? 4. Design of new bioswales, LID, and greenstreet elements 5. Design of benches, shade structures, bike racks, fencing, etc. 6. Design of hydration stations/drinking fountain including point -of -connection and new waterlines extensions. Coordinating with the water districts to incorporate their requirements into the design 7. Incorporate all items mentioned in the attached ATP Cycle 3 application 8. Conduct project kick-off meetings with Public Works staff in reviewing the project. Specific design criteria addressed during the meeting, along with preferred project strategies, cost limitations and, most importantly, potential cost savings that can be addressed in designs. Agendas of special items that warrant discussion at project status meetings, and prepare and distribute minutes with action items to involved parties. Detailed project scope, schedule milestones, construction objectives, and other pertinent project details. 9. Perform a site investigation to evaluate the existing condition of items pertaining to the design. 10.Arrange to have potholes taken by the utility company If the proposed improvements interfere with existing utilities. Provide the City with copies of all correspondence with the utility companies compiled in a book report at the submittal of 95% plan completion. 11. A base map will be prepared and used for the preparation of construction drawings. This will show existing features necessary to depict the intended work within the project. As -built plans, field measurements and field survey work will be used for the compilation. The field survey work will be limited to those items and areas necessary for the proposed design. This includes obtaining adequate topography and cross sections in areas of street widening or water or sewer line projects. This approach is anticipated to present a cost savings to the City while maintaining intent and quality of work. 12. Prepare plans to City standards utilizing base mapping and approved improvement concept. 13. Prepare a comprehensive set of technical specifications. All bid items required by the plans or otherwise needed to accomplish project construction will be thoroughly described in the general provisions and included in the contractor's bid list. 14. PS&E submittal package for City's review at certain milestones, depending the scope of work for each project. These milestones are usually at 35%, 65%, 95% and 100%. A final set of signed Mylar plans, along with specifications and estimates, will be submitted to the City for bidding purposes. 15. Review and approve submittals and RFIs during the construction phase. 16. Prepare as -built plans based on the red mark-up plans provided by the contractor at the end of project construction and submit to the City for their retention and filing. p' Til,' , $260,000.00 Total Funds Available $260,000.00 ° JA+�� • ITEM NO. Honorable Mayor and Members of the City Council Sam Gutierrez, Director of Public Works February 17, 2021 7 SUBJECT: Approve an Appropriation of Funds for the Citywide Traffic Signal Battery Backup Systems (BBS) Project and Amend the City's 2020-2021 Capital Improvement Program (CIP) Budget to Incorporate the Project SUMMARY This item will approve the appropriation of funds for the installation of traffic signal battery backup systems (BBS) on all City -owned traffic signals. The item will also amend the current fiscal year Capital Improvement Program to include the project. The project work will consist of the field review of each traffic signal intersection, preparation of plans, specifications and estimates (PS&E) for the installation of the battery backup systems. RECOMMENDATION It is recommended that the City Council: 1. Authorize the Director of Finance to appropriate $260,000 from LLMD Fund. 2. Approve an amendment to incorporate the project into the current FY2020-21 CIP Budget. 3. Authorize the Director of Public Works to execute a Request for Service (RFS) for design services with the City's on-call consultant. FISCAL IMPACT If approved, this action will have no impact on the City's General Fund. Available funds are from the City's Landscape and Lighting Maintenance District, Fund No. 251 fund balance. In addition, the installation will save on staff costs to attend to outages and place signs where necessary. The following table lists the funds available and estimated costs for the project: Funds Available Amount Landscape and Lighting Maintenance District (LLMD) — Fund No. 251 $260,000.00 Total Funds Available $260,000.00 Estimated Project Costs Amount Estimated Construction Cost $ 240,000.00 Estimated Design Cost 8.5% $20,000.00 Total Estimated Costs $ 260,000.00 BACKGROUND The City of Baldwin Park's Traffic Signal and Street Lighting system is comprised of 60 traffic signal systems, approximately 430 streetlights, and 19 traffic control safety devices. Maintenance and operations of these systems is handled by the City's Traffic Maintenance Division which oversees the managing of the City's on-call contractor, Siemens Mobility, Inc. (SMI). Operations include both preventative and routine monthly maintenance, as well as, after -hour response for unscheduled and extraordinary work such as area -wide power outages, accidents and other situations. Power outages, in particular, are unpredictable and disrupt normal traffic signal operations which can lead to potential driver confusion. Current practices of responding to power failures are very basic, ranging from `do nothing' to installing portable stop signs. DISCUSSION The purpose of this project is to provide the City of Baldwin Park with a better approach in dealing with dark traffic signals caused by area -wide power outages. The main goals of the project are (1) recommend cost effective battery backup systems for alternative power at traffic signals and (2) develop plans, specifications and estimate (PS&E) for the procurement, deployment and installation of the systems. The project will consist of replacing unreliable and outdated traffic signal battery backup systems and installing new at locations where there are no current battery backup solutions. The installation of battery backup systems will allow for traffic signals be uninterrupted and continue normal operations after a power outage event. Each battery backup system will provide power for two hours in normal operation and a minimum of four hours for red flashing mode. If programmed to go directly into the red flashing mode, the battery backup system can last up to twelve hours depending on the number of signal heads and safety lighting. Approval of this report will add the project to the FY2020-21 CIP budget and provide the necessary appropriation of funds to commence the project. ALTERNATIVES 1. The City Council may choose not to approve the appropriation of funds and postpone the project to Fiscal Year 2021-22. 2. Provide Staff with alternate direction. ENVIRONMENTAL REVIEW The subject project is exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 (Section 15201, Existing Facilities), subsection (c) exemption, which includes the replacement and or the installation of battery backup systems at existing traffic signal locations. The key consideration for a Class 1 exemption is whether the project involves negligible or no expansion of an existing use. LEGAL REVIEW Not Required. ATTACHMENTS None p' Til,' , $ 390,920.00 Change Orders $ 79,690.49 Total Construction Costs ° JA+�� • JaQiy,A ITEM NO. Honorable Mayor and Members of the City Council Sam Gutierrez, Director of Public Works February 17, 2021 0 SUBJECT: Accept and Authorize the Filing of a Notice of Completion for City Project No. CIP 2020-163 Morgan Park Parking Lot Improvements Project SUMMARY This item will accept work completed for City Project No. 2020-163 — Morgan Park Parking Lot Improvements, close the contract, and authorize the filing of a Notice of Completion with the County Clerk. The project work consisted of cold mill and asphalt concrete overlay, removing and replacing damaged sidewalk, curb and gutter, upgrading and constructing new ADA compliant access ramps, installing striping and pavement messages, installing electrical pedestal and cameras, and all appurtenant work per the plans and specifications. RECOMMENDATION It is recommended that the City Council: 1. Accept the construction improvements by Gentry Brothers, Inc. of Irwindale, CA in the amount of $470,610.49, and authorize the recordation of a Notice of Completion; and 2. Authorize the Director of Finance to appropriate $21,052.49 from Park Fees (Quimby Act) Fund to Acct.# 234-50-520-58100-15086; and 3. Authorize the payment of $23,530.52 in retention funds to Gentry Brothers, Inc. upon the expiration of the 35 -day notice period. FISCAL IMPACT There is no impact to the general fund. The following table lists the approved funds for the project which are included in FY 2020-21 CIP #20-163 budget. Approved Budget Amount CIP 20-163 Street Lighting and Landscape — Fund #251-50-520-58100-15086 $ 125,000.00 Park Fees (Quimby Act) — Fund # 234-50-520-58100-15086 $ 324,558.00 Total Approved Budget $ 449,558.00 Approved Budget Amount Construction Contract $ 390,920.00 Change Orders $ 79,690.49 Total Construction Costs $ 470,610.49 BACKGROUND Morgan Park is located at the northeast corner of Ramona Blvd and Baldwin Park Blvd with two key public parking lots. The first parking lot is located along the southerly side of the park, adjacent to Ramona Blvd and the second is located along the westerly side of the park, adjacent to Baldwin Park Blvd. The existing pavement at these lots is in poor condition with moderate to severe cracking. Due to these poor pavement conditions, using slurry seal surface treatments will not be an effective pavement maintenance treatment. Therefore, the entire parking lot pavement will be edge ground and overlaid with new asphalt concrete pavement including full -depth reconstruction in localized zones. On May 6, 2020, total of five (5) bids were received and opened publically and after confirming references and verifying the bids, Gentry Brothers, Inc. of Irwindale, California was determined to be the lowest responsive bid and recommended for an award of contract. On June 17, 2020, City Council awarded a $449,558.00 which includes a 15% contingency construction contract to Gentry Brothers Inc. of Irwindale for the Morgan Park Parking Lot Improvements Project. DISCUSSION The project will also include removing and replacing damaged curb and gutter, constructing ADA accessible ramp improvements, concrete walkway surfaces and other miscellaneous park improvements necessary to accommodate the construction of the proposed improvements at both parking lots. In addition to the parking lot improvements, a total of twelve (12) Closed-circuit television (CCTV) cameras was installed at strategic locations to provide surveillance coverage to both parking lots. To take advantage of the favorable bid amount, additional concrete sidewalk fronting the park along Ramona Boulevard was added to the project. This included the removal and reconstruction of sidewalk panels fronting the Baldwin Park library, where a Los Angeles County Voting Ballots Drop- off Box was installed for the election. Additional work consisted of relocating and adding additional wheel stops for both parking lots, additional striping, and electrical work for camera installations. The project is now complete and GBI has met all requirements for project closure. The final construction costs were $470,610.49 including all change orders as shown. Change Order Description Amount Additional Sidewalk $ 24,200.00 Electrical Connections for Cameras $ 29,419.19 Additional Striping $ 3,098.40 Wheel Stops Relocations $ 6,423.90 Repairs for Marquee Fiber Cable $ 2,500.00 Various Field Quantities Adjustments $ 14,049.00 Total Amount $ 79,690.49 LEGAL REVIEW Not Required. ATTAC H M E NTS Notice of Completion 1.1i 0101l0fki[eilXilil4.1Iii 7 3'A CITY OF BALDWIN PARK When Recorded Return To: Name: CITY OF BALDWIN PARK Address: 14403 East Pacific Avenue Baldwin Park CA 91706 SPACE ABOVE THIS LINE FOR RECORDER'S USE APN: N/A NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. A certain work of improvement on the property hereinafter described and known as: City Proiect No. CIP 2020-163 Morgan Park Parking Lot Improvements, for the City of Baldwin Park and was ACCEPTED by the City Council on: February 17, 2021. 2. The FULL NAME of the OWNER is City of Baldwin Park 3. The FULL ADDRESS of the OWNER is 14403 E. Pacific Avenue, Baldwin Park, CA 91706 4. A work of improvement on the property hereinafter described was COMPLETED on February 17, 2021 5. The work of improvement completed is described as follows: Morgan Park Parking Lot Improvements, CIP Proiect No. 20-163 6. THE NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is Gentry Brothers, Inc. 7. The street address or location of said property is 4100 Baldwin Park Blvd, Baldwin Park, CA 91706 The undersigned, being duly sworn, is the Public Works for the City of Baldwin Park, makes this verification on behalf of said entity, has read the foregoing and knows the contents thereof, and that the facts stated herein are true. By: John Beshay, Engineering Manager Executed in the City of Baldwin Park Date: I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date Signature Sam Gutierrez, Director of Public Works City of Baldwin Park, City Hall Place of Execution ITEM NO. 9 TO: Honorable Mayor and Members of the City Council ''"' FROM: Sam Gutierrez, Director of Public Works u THt' DATE: February 17, 2021 ' S a RtEL wLiE`'' SUBJECT: Resolution No. 2021-005 Initiating the Proceedings and etlx JANO� Ordering Preparation of the Engineer's Report for the Citywide Landscape and Lighting Maintenance Assessment District for FY2021-2022 SUMMARY This report requests that the City Council adopt the attached resolution authorizing the initiation of the FY2021-2022 Citywide Landscaping and Lighting Maintenance Assessment District (LLMD) and order the preparation of the Engineers Report. RECOMMENDATION Staff recommends that Council: Adopt Resolution No. 2021-005 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, authorizing the initiation of the proceedings and ordering the preparation of the Engineer's Report for the FY 2021-2022 levy of annual assessments for the City of Baldwin Park Landscaping and Lighting Maintenance District pursuant to the provisions of Division 15, Part 2 of the State of California Streets and Highway Code." FISCAL IMPACT The Engineers Report will include more refined details of anticipated revenues and costs. The draft budget for FY2021-22 will anticipate revenues for Fund No. 251 — Street Light Landscape to be $1,781,648 which includes LLMD assessments estimated at $916,044, Ad -Valorem revenue estimated at $774,000, and earnings from late taxes and penalties estimated at $91,604. The cost to operate and maintain the landscaping and lighting improvements is planned to be in balance with the revenue. The revenues and cost for FY2021-22 are expected to be very similar to the FY2020-21 LLMD budget. BACKGROUND The City has an annual program for the maintenance landscaping and lighting improvements, as well as open space improvements, including the maintenance and operation of traffic signals, street lights, median landscaping, and street trees. For the past 28 years this program has been funded through the annual special assessments of the LLMD. The adoption of a resolution is required to initiate the proceedings and order the preparation of an Engineers Report. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHEMENT Resolution No. 2021-005 Attachment RESOLUTION NO. 2021-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE INITIATION OF THE PROCEEDINGS AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE FY 2021-22 LEVY OF ANNUAL ASSESSMENTS FOR THE CITY OF BALDWIN PARK LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STATE OF CALIFORNIA STREETS AND HIGHWAYS CODE WHEREAS, the City Council of the City of Baldwin Park has previously formed a Landscaping and Lighting Maintenance District (hereinafter referred to as the District) pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972", Division 15, Part 2 of the Streets and Highways Code of the State of California; and WHEREAS, at this time, this City Council desires to conduct proceedings to provide for the annual levy of assessments for the next ensuing fiscal year, to provide for the costs and expenses necessary for continual maintenance of improvements within said District; and WHEREAS, the provisions of said Division 15, Part 2, require a written report in accordance with Chapter 3 (commencing with Section 22620). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION 1. That the above recitals are all true, correct, and are hereby incorporated herein. SECTION 2. The Director of Public Works is hereby ordered to prepare and file with the City Council a report relating to the FY 2021-22 levy of annual assessments for said District in accordance with the Provisions of Chapter 3 (commencing with Section 22620) of Division 15, Part 2 of the State of California Streets and Highways Code. SECTION 3. Upon completion, said Report shall be filed with the City Clerk who shall then submit the same to this City Council for its consideration pursuant to Section 22623 of said Streets and Highways Code. Resolution No. 2021-002 Initiation of Proceedings and Ordering of Engineer's Report Landscape and Lighting Maintenance District Page 2 PASSED, APPROVED, AND ADOPTED this 17th day of February 2021. EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK ) I, Lourdes Morales, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2021-005 was duly adopted by the City Council of the City of Baldwin Park at the regular meeting thereof held on February 17, 2021 and that the same was adopted by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: Marlen Garcia CITY CLERK ITEM NO. 10 L TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works THE' 7S DATE: February 17, 2021 ',.. wLiE`'' SUBJECT: Resolution No. 2021-006 Initiating the Proceedings and WNW Ordering Preparation of the Engineer's Report for the Parks Maintenance Assessment District for FY2021-2022 SUMMARY This report requests that the City Council consider the adoption of the attached resolution, which would authorize the initiation of the FY2021-2022 Parks Maintenance Assessment District (PMAD) and order the preparation of the Engineers report. RECOMMENDATION Staff recommends that Council: Adopt Resolution No. 2021-006 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, authorizing the initiation of the proceedings and ordering the preparation of the Engineer's Report for the FY 2021-2022 levy of annual assessments for the City of Baldwin Park Parks Maintenance Assessment District pursuant to the provisions of Division 15, Part 2 of the State of California Streets and Highways Code." FISCAL IMPACT The Park Maintenance Assessment District Fund 252 for FY2021-2022 is estimated at $848,936. The Engineers Report will provide detailed fiscal analysis including any anticipated subsidy participation by the General Fund. BACKGROUND The City has an annual program for the maintenance of City parks. The financial support for this program is provided through the PMAD. The PMAD, formed in FY1996-1997, was established in conformance with Proposition 218. The adoption of the resolution is required to initiate the annual proceedings and order the preparation of the Engineers Report. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHEMENT Resolution No. 2021-006 Attachment RESOLUTION NO. 2021-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE INITIATION OF THE PROCEEDINGS AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE FY 2021- 22 LEVY OF ANNUAL ASSESSMENTS FOR THE PARKS MAINTENANCE DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STATE OF CALIFORNIA STREETS AND HIGHWAYS CODE WHEREAS, the City Council of the City of Baldwin Park has previously formed a Parks Maintenance District (hereinafter referred to as the District) pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972", Division 15, Part 2 of the Streets and Highways Code of the State of California; and WHEREAS, at this time, this City Council desires to conduct proceedings to provide for the annual levy of assessments for the next ensuing fiscal year, to provide for the costs and expenses necessary for continual maintenance of improvements within said District; and WHEREAS, the provisions of said Division 15, Part 2, require a written report in accordance with Chapter 3 (commencing with Section 22620). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION 1. That the above recitals are all true, correct, and are hereby incorporated herein. SECTION 2. The Director of Public Works is hereby ordered to prepare and file with the City Council a report relating to the FY 2021-22 levy of annual assessments for said District in accordance with the Provisions of Chapter 3 (commencing with Section 22620) of Division 15, Part 2 of the State of California Streets and Highways Code. SECTION 3. Upon completion, said Report shall be filed with the City Clerk who shall then submit the same to this City Council for its consideration pursuant to Section 22623 of said Streets and Highways Code. Resolution No. 2021-001 Initiation of Proceedings and Ordering of Engineer's Report Park Maintenance District Page 2 PASSED, APPROVED, AND ADOPTED this 17th day of February 2021 EMMANUEL J. ESRADA MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF BALDWIN PARK ) I, Lourdes Morales, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2021-006 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on February 17, 2021 and that the same was adopted by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: Marlen Garcia CITY CLERK ITEM NO. Honorable Mayor and City Councilmembers Robert Tafoya, City Attorney February 17, 2021 SUBJECT: Approval to Enter into an Agreement between the City of Baldwin and Elizabeth M. Kessel, Inc., dba Kessel & Megrabyan for Attorney Services The City Council received recommendations from Mr. Rothans regarding conflict counsel. Mr. Rothans recommended the Kessel firm. Based on Mr. Rothans' recommendation, it is recommended that City Council retain Elizabeth M. Kessel, Inc., dba Kessel & Megrabyan to provide legal advice, representation, negotiations, and investigations for the case entitled John Doe S. V. v. John Doe J. Ms. Kessel will represent former Baldwin Park police officer because there is a conflict between Mr. Rothans, the City's lawyer, and the former police officer. The City Attorney's office negotiated with Ms. Kessel to reduce her hourly fee to $250 per hour. RECOMMENDATION It is recommended that the City Council approve the retention of Elizabeth M. Kessel, Inc., dba Kessel & Megrabyan FISCAL IMPACT The municipal code requires City Council approval for any agreements that may exceed $24,999. The cost of legal services with Elizabeth M. Kessel, Inc., dba Kessel & Megrabyan will depend upon the amount of time spent on legal matters at the following billing rates: • Partners $250/hour • Sr. Associates $200/hour • Paralegals/Assts $100/hour BACKGROUND The City is required to retain special legal counsel in the matter titled John Doe S.V. v. John Doe I. The law firm of Kessel & Megrabyan, amongst other things, specializes in defense matters and is willing and capable of defending the former Baldwin Park police officer at the above -listed billing rates. ALTERNATIVES The alternative is to not contract with this firm and choose an alternate firm(s). 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. AGREEMENT KESSEL & MEGRABYAN 500 S. GRAND AVE., SUITE 1640 LOS ANGELES, CA 90057 213-383-2800 AGREEMENT FOR LEGAL SERVICES This Agreement is made and entered into as of February 3, 2021 between Elizabeth M. Kessel, Inc., dba Kessel & Megrabyan ("Attorney") and the City of Baldwin Park ("City") under which Attorney will provide legal services to City on the terms set forth below. 1. CONDITIONS This Agreement will not take effect, and Attorney will have no obligation to provide legal services, until: (a) City returns a signed copy of this Agreement; and (b) Attorney acknowledges acceptance of representation by counter -signing this Agreement and returning a fully executed copy to City. Upon satisfaction of these conditions, this Agreement will be deemed to take effect as of January 21, 2021. 2. SCOPE OF SERVICES AND ATTORNEYS' DUTIES City hires Attorney to represent Christopher Carlos ("Client"), identified as a "John Doe" in the lawsuit titled John Doe S.V. v. John Doe 1, John Doe 2, et. al., Los Angeles Superior Court No. 20STCV37963. Attorney will provide those legal services reasonably required to represent Client. Attorney will take reasonable steps to keep City informed of all information about the case except privileged material and information relevant to the conflict of interest between City and Client. Attorney shall report to City on all significant developments, including but not limited to changes that affect the budget and/or liability analysis of the defense of the case. Any information disclosed shall not be deemed a waiver of the privilege as to any other party. Attorney shall provide its best professional judgment in recommending courses of action with respect to the defense of Client. Attorneys will represent Client through trial and post -trial motions only under this Agreement. 3. PERSONNEL Elizabeth M. Kessel will be the Attorney's partner in charge of this matter and lead attorney representing Client, and will be working with others in Attorney's firm on an as -needed basis, including partners and senior associates, paralegals, and legal assistants. 4. CITY'S DUTIES City agrees to be truthful with Attorney and not withhold information. Further City agrees to cooperate, to keep Attorney informed of any information or developments which may come to City's attention, to abide by this Agreement, and to pay Attorney's bills on time. City will assist Attorney by timely providing necessary information and documents, and generally to Contract for Legal Services With Kessel & Megrabyan 1 cooperate fully with Attorney in all matters related to the preparation and presentation of Client's defenses. 5. APPROPRIATION OF FUNDS City has appropriated $24,999 for this Agreement. City will not pay Attorney for any work done or costs incurred in excess of $24,999, unless additional appropriations are made and a new agreement is executed by the parties. 6. LEGAL FEES AND BILLING PRACTICES City agrees to pay by the hour at Attorney's rates as set forth below for all time spent on representation of Client's matter by Attorney and Attorney's legal personnel. Current hourly rates for legal personnel are as follows: Partners 250/hour Sr.Associates 200/hour Paralegals/Assts 100/hour The time charged will include, but is not limited to, the time Attorney personnel spend on telephone calls, e-mails and other electronic communications relating to Client's matter, including calls and e-mails with Client and/or City, witnesses, opposing counsel, court personnel or other persons. The legal personnel assigned to Client's matter may confer among themselves about the matter, as required and appropriate. When they do confer, each person will charge for the time expended, as long as the work done is reasonably necessary and not duplicative. Likewise, if it is deemed necessary that more than one of the legal personnel attends a meeting, court hearing or other proceeding, each will charge for the time spent. Time is billed in minimum increments one-tenth (.1) of an hour. Attorney will charge for waiting time in court and elsewhere and for travel time, both local and out of town. 7. COSTS AND OTHER CHARGES (a) Attorney will incur various costs and expenses in performing legal services under this Agreement. City agrees to pay for all costs, disbursements and expenses in addition to the hourly fees. The costs and expenses commonly include, service of process charges, filing fees, court and deposition reporters' fees, translator/interpreter fees, jury fees, notary fees, deposition costs, court call costs, videography costs, sanctions if awarded against Attorney by the court, messenger and other delivery fees, postage, outside photocopying and other reproduction costs, travel costs including parking, mileage, transportation, meals and hotel costs, investigation expenses, consultants' fees, expert witness, professional, mediator, arbitrator and/or special master fees and other similar items. The foregoing external costs and expenses will be charged at Attorney's cost with no additional surcharge. Internal charges are billed at the following rates: (1) mileage — IRS Standard Mileage Rate; (2) in-house printing, faxing, and photocopying—.10 cents per page; (4) postage at cost; and (5) computerized legal research at cost. Contract for Legal Services With Kessel & Megrabyan 2 (b) Experts, Consultants and Investigators. To aid in the preparation or presentation of Client's case, it may become necessary to hire expert witnesses, consultants or investigators. City agrees to pay such fees and charges. Attorney will select any expert witnesses, consultants or investigators to be hired, with consultation with City, and City will be informed of persons chosen and their charges. (c) Attorney will obtain City's consent before incurring any costs in excess of $500.00. Attorney will advance costs, as needed, up to $999.00. Any invoices for costs Attorney incurs or need to incur related to Attorney's services under this Agreement will be forwarded to City for direct payment, and City agrees to pay such invoices. 8. BILLS Attorney will send City monthly bills for fees and costs incurred. Each bill will be payable within 30 days of its mailing or emailing date. Bills for the fee portion of the bill will include the amount, rate, basis for calculation, or other method of determination of the Attorney's fees. Bills for the cost and expense portion of the bill will clearly identify the costs and expenses incurred and the amount of the costs and expenses. City agrees to promptly review all bills rendered by Attorney and to promptly communicate any objections, questions, or concerns about their contents. 9. CITY APPROVAL NECESSARY FOR SETTLEMENT Attorney will not make any settlement or compromise of any nature of any of Client's claims without City's prior approval. City retains the absolute right to accept or reject any settlement. 10. DISCHARGE AND WITHDRAWAL City may discharge Attorney at any time. Attorney may withdraw with City's and/or Client's consent or for good cause or if permitted under the Rules of Professional Conduct of the State Bar of California and/or applicable law. Among the circumstances under which Attorney may withdraw are: (a) with the consent of City and/or Client; (b) City and/or Client's conduct renders it unreasonably difficult for the Attorney to carry out the employment effectively; and/or (c) City fails to pay Attorney's fees or costs as required by this Agreement. Notwithstanding the discharge, City will remain obligated to pay Attorney at the agreed rates for all services provided and to reimburse Attorney for all costs advanced. 11. DISCLAIMER OF GUARANTEE AND ESTIMATES Nothing in this Agreement and nothing in Attorney's statements to City or Client will be construed as a promise or guarantee about the outcome of the matter. Attorney makes no such promises or guarantees. Attorney's comments about the outcome of the matter are expressions of opinion only, are neither promises nor guarantees, and will not be construed as promises or guarantees. 3 Contract for Legal Services With Kessel & Megrabyan 12. PROFESSIONAL LIABILITY INSURANCE DISCLOSURE Pursuant to California Rule of Professional Conduct 1.4.2(a), Attorney hereby informs City in writing that Attorney has professional liability insurance. 13. ENTIRE AGREEMENT This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties. 14. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect. 15. MODIFICATION BY SUBSEQUENT AGREEMENT This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them. 16. EFFECTIVE DATE This Agreement will govern all legal services performed by Attorney on behalf of City commencing with the date Attorney first performed services. THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM AS OF THE DATE ATTORNEY FIRST PROVIDED SERVICES. Je11:113 21 City of Baldwin Park By: Shannon Yauchzee, City Manager Kessel & Megrabyan By: Elizabeth M. Kessel, Esq. Contract for Legal Services With Kessel & Megrabyan ST ITEM NO. 12 TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation & Community Services DATE: February 17, 2021 SUBJECT: Adopt Resolution No. 2021.007 Entitled, "A Resolution of the City Council of the City of Baldwin, California, Park Adopting the San Gabriel Valley Council of Governments' White Paper on LAHSA Reform" SUMMARY The purpose of this staff report is for the City Council to adopt Resolution No. 2021.007 entitled, "A Resolution of the City of Baldwin Park, California, Adopting the San Gabriel Valley Council of Governments' White Paper on LAHSA Reform." RECOMMENDATION Staff recommends that the City Council to: 1) Adopt Resolution No. 2021.007 entitled, "A Resolution of the City of Baldwin of Baldwin Park, California, Adopting the San Gabriel Valley Council of Governments' White Paper on LAHSA Reform"; and 2) Authorize the Director of Recreation and Community Services to execute any further documents. FISCAL IMPACT There is no fiscal impact to the budget. BACKGROUND In response to the Countywide homelessness crisis and challenges within the current homelessness services system, the Los Angeles County Board of Supervisors approved a motion on September 1, 2020, seeking to explore changes to the structure and function of the Los Angeles Homeless Services Authority (LAHSA) and highlighting the need to examine the system as a whole. A similar motion was approved by the City of Los Angeles City Council. Meanwhile, LAHSA itself convened an Ad Hoc Committee on Governance to consider similar concerns. Subsequent events, including the election of three new Los Angeles City Councilmembers and the announced retirement of the Director of the County Homeless Initiative, have further set the stage for reform in these areas. In response, the SGVCOG convened a working group to draft a white paper to ensure the San Gabriel Valley had a leading voice in these reform efforts. This working group consisted of representatives from 11 cities including the City of Baldwin Park. From September to November 2020, the working group met five times. The resulting white paper (Attachment A) is organized around the following discussion topics: • Exploring the causes and impacts of systemic problems with the current homelessness response system, especially as they relate to smaller cities; • Identifying comprehensive solutions; and • Confirming the San Gabriel Valley's commitment to best practices and programs and to affirming a willingness to lead the region to a more effective, County -wide coordinated strategy to combat homelessness. Specifically, the paper identifies several problems with the current system, including a lack of collaborative relationship with smaller cities, a lack of funding for locally -based and supported initiatives and programs, and poor communication and lack of transparency. To address these problems, the white paper proposes potential solutions including increasing representation for smaller cities within the current system and providing more autonomy within the current system, as well as leaving the door open to pursue independent control of homelessness funds if these strategies are unsuccessful at sufficiently resolving the stated concerns. The City Manager's Steering Committee, the Homelessness Committee, and the Executive Committee of the San Gabriel Valley Council of Governments reviewed the white paper at their respective meetings in November and December and recommended that the Governing Board adopt the White Paper and distribute it to member agencies to encourage their adoption as well. Therefore, the City of Baldwin Park is seeking to support the adoption of the Resolution 2021.007 approving the SGVCOG Whitepaper on LAHSA Reform. ALTERNATIVES The alternative would be that the City Council may choose not to adopt Resolution No. 2021.007. LEGAL REVIEW None required. ATTACHMENT 1) Resolution No. 2021.007. 2) SGVCOG Whitepaper on LAHSA Reform RESOLUTION No.2021.007 RESOLUTION OF CITY OF BALDWIN PARK, CALIFORNIA ADOPTING THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS' WHITE PAPER ON LAHSA REFORM WHEREAS, City of Baldwin Park is a member of the San Gabriel Valley Council of Governments (SGVCOG). WHEREAS, the SGVCOG serves as a unified voice to maximize resources and advocate for regional and member interests to improve the quality of life in the San Gabriel Valley. WHEREAS, City of Baldwin Park and the other member cities of the SGVCOG cities provide homelessness services and work with the Los Angeles Homeless Services Authority (LAHSA), the LA County Homeless Initiative, the LA County Department of Mental Health, the LA County Sheriff's Department, and various other State and County departments, nonprofits, service providers, and other municipalities. WHEREAS, the 2020 Homeless Count identified 555 people experiencing homelessness in Baldwin Park. It identified 4,555 people experiencing homelessness in the San Gabriel Valley, representing an increase of 47% over the last five years. With the inclusion of the separate count within the separate Pasadena Continuum of Care, the homeless population of the San Gabriel Valley represents nearly 10% of the Countywide total. WHEREAS, the Los Angeles County Board of Supervisors approved a motion on September 1, 2020, seeking to explore changes to the structure and function of LAHSA and highlighting the need to examine the system as a whole. WHEREAS, the SGVCOG convened a working group to draft a white paper to ensure the San Gabriel Valley had a leading voice in these reform efforts. This working group consisted of representatives from 11 cities and met five times from September to November 2020. WHEREAS, this working group drafted a white paper (Attachment A) that outlined the causes and impacts of systemic problems with the current homelessness response system, identified comprehensive solutions, confirmed the San Gabriel Valley's commitment to best practices and programs, and affirmed a willingness to lead the region to a more effective, County -wide coordinated strategy to combat homelessness. WHEREAS, this white paper was subsequently reviewed and adopted by the SGVCOG Governing Board. NOW, THEREFORE, BE IT RESOLVED that the Baldwin Park City Council hereby: Approves the SGVCOG White Paper on LAHSA Reform (Attachment A). PASSED, APPROVED, and ADOPTED this 17th day of February, 2021. EMANNUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF BALDWIN PARK 1 I, Marlene Garcia, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No.2021.007 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council on February 17, 2021, by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MARLENE GARCIA CITY CLERK United We Stand: Supporting a comprehensive, coordinated structure and strategy to meet the homelessness crisis in Los Angeles County ATI A White Paper Prepared and Adopted by the San Gabriel Valley Council of Governments January 21, 2021 San Gabriel Valley Council of Governments Table of Contents INTRODUCTION 2 EXECUTIVE SUMMARY 3 BACKGROUND 6 PROBLEMS WITH THE CURRENT SYSTEM 11 POTENTIAL SOLUTIONS 18 DEMONSTRATING COMMITMENT TO QUALITY PROGRAMS AND SERVICES 29 CONCLUSION 30 Page 1 of 30 INTRODUCTION The ever -worsening homeless crisis is a growing threat to the wellbeing, prosperity and quality of life of our region. It is likely only to intensify due to the ongoing COVID-19 pandemic. The gravity and urgency of the crisis requires a comprehensive, coordinated, Countywide structure and strategy to end the shame of tens of thousands of people living on our streets. Acknowledging this crisis and the problems with the current homelessness services system, the Los Angeles County Board of Supervisors approved a motion, "Exploring New Governance Models to Improve Accountability and Oversight of Homeless Funds" on September 1, 2020. This motion focused on the structure and function of Los Angeles Housing Services Authority (LAHSA) but highlighted the need to examine the system as a whole. Meanwhile, LAHSA itself has convened an Ad Hoc Committee on Governance to consider similar concerns. While we support the efforts of the County, LAHSA and the City of Los Angeles to seek a more effective coordinating structure, we believe it is critical to directly involve the remaining 87 cities that make up the County. These cities represent 60% of the County's population, nearly 40% of the population of those experiencing homelessness and are the source of the majority of the tax revenue for Measure H. Municipalities in the San Gabriel Valley are committed to be leaders in the fight to combat homelessness. We have the need and the desire to serve the most vulnerable in our communities and to maximize local ideas, resources, and programs to this end. The San Gabriel Valley Council of Governments (SGVCOG) and its member cities developed this white paper to demonstrate our commitment to creating a more coordinated, effective homelessness services system which is capable of solving our homelessness crisis. As demonstrated in our Homeless Report (Attachment A), we bring tangible resources to the table. Our city governments, non -profits, faith communities, healthcare providers, businesses, civic organizations and volunteers are already actively engaged in meeting this crisis. We already have boots on the ground working every day on all aspects of this challenge. What we lack is participation in a focused, flexible and responsive Countywide structure to coordinate strategy, services and funding to effectively address the causes and solutions for homelessness. In this white paper, we lay out the background and our perspective on the shortcomings of the current approach to homelessness across LA County. We lay out a range of potential solutions. Our concerns are substantive and we believe our alternatives are realistic. We believe that failure is not an option. The cities of the San Gabriel Valley pledge to work with the County of Los Angeles, the City of Los Angeles, our sister communities and the myriad of private, non-profit, academic, philanthropic and civic institutions across the County to mobilize an effective, efficient and equitable response to the homelessness crisis. Page 2 of 30 EXECUTIVE SUMMARY The SGVCOG is a joint powers authority that supports regional issues and implements regional programs. The SGVCOG includes the 31 cities and unincorporated areas of Los Angeles County Supervisorial Districts 1, 4, and 5, representing 20% of the population of Los Angeles County. The 2020 Homeless Count identified 4,555 people experiencing homelessness in the San Gabriel Valley. This represents an increase of 47% over the last five years. With the inclusion of the separate count within the separate Pasadena Continuum of Care, the homeless population of the San Gabriel Valley represents nearly 10% of the Countywide total. Of those counted in 2020, two-thirds were unsheltered with the majority of those staying in vehicles (59.8%) and the remainder (40.2%) on the streets. One third were sheltered. People of color represent 75% of those experiencing homelessness The SGVCOG cities are actively engaged in providing homelessness services and work with LAHSA, LA County Homeless Initiative, LA County Department of Mental Health, LA County Sheriff's Department, and various other State and County departments, nonprofits, service providers, and other municipalities. The cities of Claremont, Pomona, and La Verne are also served by Tri -City .Mental Health. Most San Gabriel Valley cities have adopted formal homelessness response plans and others are currently developing them. Several cities have used Measure H implementation funding to offer Housing Navigation services to their communities. In 2018, the City of Pomona opened a 200 -bed interim housing facility, contributing much of the capital funding themselves. The region has strong networks of outreach efforts, shelters, housing assistance programs and a range of public, non-profit and faith -based social services. Finally, twenty-one SGVCOG member cities have joined the San Gabriel Valley Regional Housing Trust (SGVRHT) that is financing the planning and construction of affordable housing, including permanent supportive housing for homeless individuals and families. Problems with the Current System: • Lack of Collaborative Relationship with Smaller Cities: LAHSA and the broader County homeless services delivery system do not engage with SGV cities as partners. Yet our cities are on the front line when residents have complaints or concerns about homelessness. Without effective collaboration from LAHSA or the County, cities are largely left on their own to address the needs of their homeless residents. At worst, this can lead to duplicative efforts with LAHSA that are a waste of precious resources. County and LAHSA programs would be more effective if they built on the close relationship that city governments have with their communities and their knowledge of local conditions. To do this, there must be an effort to understand the specific needs of these small communities and collaborate with jurisdictions to implement these more targeted approaches. Communication and transparency need to be improved to build trust and collaboration. • Lack of Funding for Locally -Based and Supported Initiatives and Programs: Cities throughout the County have constrained funding to address a wide range of issues, including homelessness, transportation, public safety, parks, and stormwater. Under the Page 3 of 30 current system, when cities propose an innovative solution, it does not appear to be taken seriously unless it can be applied County -wide. Funding for locally -based and locally - supported initiatives and programs can leverage Measure H funding for greater impact. Other countywide tax measures, including Measure W (Water), Measure A (Parks), Measure M (Transportation), Measure R (Transportation), have all included a "local return" component that have allowed cities to implement projects and programs customized to local needs. Poor Communication and Lack of Transparency: If one thing is clear about the homelessness crisis in LA County, it is that it's not clear who is accountable. The roles, missions and responsibilities of County government, the County's Homeless Initiative and LAHSA and individual cities overlap or leave gaps. Currently, cities struggle to access information about programs, do not have direct access to appropriate contacts that can answer questions and respond to concerns. There is a lack of timely and accurate shared data about people experiencing homelessness served in their communities. When cities are able to find appropriate contacts, it can be difficult to get clear and concise direction from LAHSA and the County. At times, staff receive different answers from different people, creating confusion and making program implementation more difficult. Further complicating these issues is that cities often interact with LAHSA in both its capacity as an administrator of funding and as a direct service provider though its outreach teams. Potential Solutions: • Increasing Representation Within the Current System: LAHSA was created nearly three decades ago as a joint structure for the County and the City of Los Angeles to administer funding for homeless programs, primarily from the Federal government. Much has changed since then, including the passage of Measure H and the increased role of the State government in funding homeless programs. The nature and distribution of homelessness has also fundamentally changed. There is widespread recognition that greater clarity, coordination and innovation is necessary to effectively deal with the growing homelessness crisis. Many options have been proposed for restructuring the governance of homeless strategy, funding, programs and policies. Among the models are restructuring LAHSA to act as the primary entity for expanded countywide coordination. These include using the Metro board as a model; adding representatives from all the Service Planning Areas or the Councils of Government; and a new model implemented in King County (Seattle) that has a bifurcated board structure to direct policy and operations and includes representation from elected officials, experts and people with lived experience. • More Autonomy Within the Current System: Even without restructuring governance, there can be improvements within the current system by granting greater autonomy on programming and funding within each Service Planning Area and with the cities they cover. The white paper proposes additional proposals for improving the delivery of services to reduce homelessness. Finally, it poses the option that in the absence of consensus on a comprehensive coordinated strategy and structure to effectively address the growing crisis, the San Gabriel Valley is prepared to accept independent responsibility for administering our own Continuum of Care. Of Page 4 of 30 course, this would require an appropriate allocation of resources. We are hopeful we can work together, collaboratively, to improve the current system. Page 5 of 30 BACKGROUND The San Gabriel Valley Council of Governments (SGVCOG) is a regional government planning agency that aims to maximize the quality of life in the San Gabriel Valley. We are a joint powers authority that consists of 31 incorporated cities, unincorporated communities in Los Angeles County Supervisorial Districts 1, 4, and 5, and three San Gabriel Valley Municipal Water Districts. The SGVCOG works on issues of importance to its member agencies, including homelessness, transportation, the environment, and water, and seeks to address these regionally. The SGVCOG is the largest and most diverse sub -regional council of governments in Los Angeles County. The San Gabriel Valley encompasses nearly 400 square miles and has more than two million residents of thirty-one cities that are represented by 161 councilmembers. In comparison, the City of Los Angeles, with a population of four million, is represented by fifteen councilmembers. This allows councilmembers in San Gabriel Valley cities to be closely in tune with the concerns of their constituents and to shape local policy accordingly. Our communities each have a unique character and history and often face unique challenges that they have varying resources to address. Our member cities' populations range from 1,008 in the City of Industry and 1,084 in the City of Bradbury to 117,000 in the City of El Monte and 156,000 in the City of Pomona. Page 6 of 30 It's a diverse region: of the residents in the San Gabriel Valley, 44.7% identify as Hispanic or Latino; 25.7% as Asian; 24.8% as white non -Hispanic; 2.4% as Black; and 2.4% as Native American, Alaskan Native, Native Hawaiian, or another race. At the time of the 2010 Census, 61 % of residents in the San Gabriel Valley lived in owner -occupied housing, while 39% lived in rental housing units. While our member cities have unique needs and resources, our communities also face many of the same challenges and have developed a unified voice to maximize resources, achieve sustainable solutions, and advocate for regional and member interests to improve the quality of life in the San Gabriel Valley. Scope of Homelessness In January 2020, the Greater Los Angeles Point -in -Time (PIT) Count determined there were 4,555 people experiencing homelessness within the SPA 3, the boundaries of which closely mirror those of the SGVCOG. The number of people experiencing homelessness in the San Gabriel Valley has steadily increased since 2015, when 3,093 people were identified through the PIT Count. 50 011 0101 310 5,00, Number r oaf People Experiencing Homelessness (Point in Time Count) 2015 2CD,16 2017 2019 20,19 2D ZED Just as our cities have varying populations, needs, and resources, our communities experience varying levels of homelessness. The 2020 Point -In -Time Count determined there was a range of homelessness in each of our cities - from 0 people experiencing homelessness (PEH) in some communities to 723 people experiencing homelessness in another, with a median of 68 PEH in each SGV city. Of the people experiencing homelessness within the San Gabriel Valley who were captured through the PIT Count, the majority are unsheltered: 66.5% were unsheltered, with 59.8% of those staying in vehicles (59.8%) and the remaining (40.2%) staying outdoors on the streets, in parks, or in tents. 33.5% were sheltered, sleeping in emergency shelters or transitional housing. Other key concerns from the region's 2020 Point -in -Time Count data of concern to our region include the following: Page 7 of 30 • People experiencing chronic homelessness rose 40% • Number of seniors 62 and over experiencing homelessness rose 13%, 68.7% of whom are unsheltered • People of color represent 75% of those experiencing homelessness Our cities recognize the complex vulnerabilities many of those living on the street in the San Gabriel Valley face, with 28% living with serious mental illness and 33% having a substance use disorder. We seek to prioritize the expansion of the mental health and substance abuse services these individuals need to rebuild their lives. Our region also has deep concern with the impacts of the COVID-19 pandemic on housing stability and homelessness. The 2020 PIT count data predates the pandemic, and the full effects on homelessness in the region remain to be seen. While the PIT count data provides one metric for measurement, it does not capture the full breadth of homelessness in the region. The PIT count records the presence of homelessness on just a few nights supplemented with metrics and formulas that are extrapolated to determine the PIT count, which can produce significant over -counts and under -counts. The PIT count data also does not account for those persons experiencing homelessness (PEH) that may not reside permanently in the region but may travel and spend time here. Regional Homelessness Response As the homeless population has risen over the last 5 years, so too has the amount of San Gabriel Valley resources allocated to policies and programs to respond to the regional homelessness crisis. The cities of the SGVCOG are strongly committed to providing homelessness services and have supplemented the programs and funding administered by LAHSA and the County to provide additional resources to PEH in their communities. Nineteen cities have developed homelessness response plans, with five more cities currently developing plans to be approved by their City Councils in the coming months. The SGVCOG received an influx of $5.625 million from the State Budget in FY 2020, and the majority of those funds have been allocated to these cities to implement their homeless plans. With additional funding supported by the County's Measure H Innovation Fund - which provided approximately $1.5 million to the San Gabriel Valley - in total, 22 cities are utilizing these funds to implement prevention, diversion, rapid rehousing programs, and other pilot programs aimed at reducing homelessness in the San Gabriel Valley. This funding has supplemented funding that some communities received from Measure H implementation grants, which they also used to provide additional housing navigation services to their communities. Recently, during spring and summer 2020, 11 cities participated in the SGVCOG's hygiene program (funded by the County) to provide people experiencing homelessness increased access to hygiene services during the pandemic and to mitigate the spread of COVID-19 in our unhoused neighbors. These programs often fill key gaps in the larger homeless services system. For example, there is currently a serious lack of funding for rapid rehousing in the San Gabriel Valley, with CES programs often unable to take new clients after the first few months of the fiscal year. With the funding sources listed above, the SGVCOG and its member cities are able to provide additional case management and housing navigation and rapid rehousing slots - as well as targeted outreach Page 8 of 30 and incentives to landlords to increase the supply of available units - to provide more resources to house our homeless population. Even with limited staff, cities have also allocated staff resources to ensure that their city can respond to homelessness. Cities' homelessness response falls within a variety of city departments, often working in coordination with one another. Cities' homelessness response teams are staffed in different departments, with some in the City Manager's Offices, some in departments of community/neighborhood/human services, housing departments, economic development departments, police departments, and fire departments. Our cities work with LAHSA, the LA County Homeless Initiative, LA County Department of Mental Health, LA County Sheriff's Department, and various other State and County departments, nonprofits, service providers, and other municipalities. The cities of Claremont, Pomona, and La Verne are also served by Tri -City Mental Health. Our region is committed to providing shelter to those experiencing homelessness and developing affordable housing to stop the inflow into homelessness. In 2018, the City of Pomona opened a 200 -bed interim housing facility, contributing much of the capital funding themselves. The region has strong networks of churches, one of which provides shelter for families, and another of which provides winter shelter locations, in addition to those operated at County parks each year. Smaller scale programs offer transitional housing to youth or families, or residential treatment for substance use disorder. The cities of Baldwin Park and Pomona operate housing authorities to offer rental assistance to qualifying families and individuals through a Housing Choice Voucher Program (HCV). Our cities have engaged in advocacy to use surplus and underutilized public properties to meet the needs of those with mental illness. In 2020, the SGVCOG also started the San Gabriel Valley Regional Housing Trust (SGVRHT) - which has been joined by twenty-one SGVCOG member cities to date - to fund and finance the planning and construction of homeless housing, and extremely -low, very -low, and low-income housing projects. Already, the SGVRHT has issued funding letters of commitment to projects that would provide more than 100 housing units o for the region, 30% of which would serve extremely -low income households or homeless residents. White Paper Development Process To inform the white paper, the SGVCOG engaged its thirty-one member cities and formed a working group of representatives from the following 1 I cities: Arcadia, Baldwin Park, Claremont, Duarte, Glendora, Montebello, Monterey Park, Pomona, San Dimas, South El Monte, and South Pasadena. Stakeholders included City Managers, Assistant City Managers, Directors of Community/Neighborhood/Human Services, Public Safety Outreach Coordinators, and Police Chiefs. During a three-month period from September to November 2020, the working group met five times. The white paper was developed through a multi -phase process. The first component included information gathering and assessment to understand the problems with the existing homelessness response system, as well as our region's current resources and programs. Subsequent meetings each focused on one section of the white paper. Page 9 of 30 The white paper was reviewed by the SGVCOG's City Manager's Steering Committee, Homelessness Committee (made up of elected officials and staff from 10 of our member cities and one LA County Supervisorial District), and ultimately approved by the SGVCOG Governing Board. The purpose of this white paper is to address the systemic problems with the current homelessness response system, identify comprehensive solutions, confirm our commitment to best practices and programs, and demonstrate our desire to lead the region to a more effective, County -wide coordinated strategy to combat homelessness. While the white paper includes a strong focus on recommendations for reform at LAHSA, it also acknowledges and discusses other challenges within the LA County homeless services system, including administration and distribution of Measure H funds and the implementation of other County programs. This approach has allowed us to look more comprehensively — and make broader recommendations — on the County's entire homeless services system. The white paper does this by approaching the following topics: • Exploring the causes and impacts of systemic problems with the current homelessness response system, especially as they relate to smaller cities; • Identifying comprehensive solutions; and • Confirming the San Gabriel Valley's commitment to best practices and programs and to affirming a willingness to lead the region to a more effective, County -wide coordinated strategy to combat homelessness. Page 10 of 30 PROBLEMS WITH THE CURRENT SYSTEM o identify solutions,• • t that en,• ! • . . . • • . •' . t • f this impacts service delivery to PEH, and identifies potential root causes. These problems preve the S W. VCOG's cities I the Count- and LAHSA from most effectivelv assistinu�an t • • The SGVCOG has identified the following specific problems and their impacts, which will be discussed in more detail below: • Lack of Collaborative Relationship with Smaller Cities • Poor Communication and Lack of Transparency • Lack of Funding for Locally -Based and Supported Initiatives and Programs In general, LAHSA and the broader County homeless services delivery system often do not effectively collaborate with cities. While the County provides opportunities for consultation on Measure H funding priorities, that input has limited impact on the ultimate decision-making. Cities do not feel informed of programs before they are implemented and, at times, it appears that cities are viewed as obstacles rather than partners. In small cities, the relationship between residents and the city is much closer than in larger jurisdictions (e.g. County of Los Angeles; City of Los Angeles). Cities' councils and staff are on the front line in addressing homelessness and responding to residents, and they are expected to address issues. This means that programs that are much more localized and responsive to city - specific conditions. With limited support from and collaboration with LAHSA or the County, cities are largely left on their own to address the needs of their homeless residents. At worst, this can lead to duplicative efforts with LAHSA that are a waste of precious resources. Examples Specific examples of this lack of collaboration between LAHSA, the County, and the cities are as follows: • Project Roomkey: During the recent initial rollout of Project Roomkey, cities were not consulted or informed as potential project sites were identified and pursued. This approach not only created the impression that cities were being deliberately excluded from the discussion but also likely created more opposition, as cities were not able to properly prepare for the launch of Project Roomkey in their communities. Neither staff nor councilmembers had adequate information on the program implementation and had many questions that were unanswered, such as the following: • What additional city services/resources (if any) would need to be provided to those sites? • Would cities receive transient occupancy tax on the occupied rooms? • Who would be housed in these Project Roomkey sites? • Would homeless residents from their communities have first priority? • Where would Project :Roomkey residents go after sites were decommissioned? Page 11 of 30 Instead, the County's and LAHSA's efforts moved forward without the cities' engagement, leaving councilmembers and residents concerned and frustrated by the lack of up -front information and engagement. It was difficult to overcome this initial lack of collaboration: even as LAHSA and the County attempted to engage cities as Project Roomkey advanced, there was still distrust and uncertainty about the program and its implementation. With a collaborative approach, questions could have been discussed and addressed prior to project launch which would have led to a more successful launch of the Project Roomkey program. • Point -in -Time Count: Cities have often raised the issue that the LAHSA Homeless Count methodology produces a PIT count which is substantially different from a city's understanding of its homeless count, based on its knowledge of its homeless populations. This has in the past included either a substantial undercount or overcount. For example, from 2019 to 2020, the City of Baldwin Park experienced a 100% increase in its homeless count, to 555. This number seemed improbable given Baldwin Park's size, efforts related to address homelessness locally, and observations of staff. To that end, Baldwin Park City staff spent significant time and effort to identify the reason for the significant increase and raised these concerns to LAHSA. However, no action was taken and City staff were left unable to provide an adequate explanation to the community. Baldwin Park's experience is consistent with the experience of other San Gabriel Valley communities. When cities have raised these concerns and presented specific corrections to the official count, no action has been taken. City staff are deeply knowledgeable about their communities, and, in some instances, may have collected data throughout the year. LAHSA and the County should collaborate with cities on this data, in order to make better decisions and better direct resources and services to specific areas. This is extremely important from both a political and technical level. City level counts are also highly significant to each community's perception of progress made against homelessness. A PIT count is less accurate at smaller geographies, so it's important to fully vet and understand the data and analyze the reasons for significant changes, especially to assess if the significant change is the result of an error. Input from and meaningful collaboration with cities could resolve these serious discrepancies. Key Cause: Lack of'Representation The SGVCOG believes that these issues may arise from City of Los Angeles and the Countyof • and only representatives from County# Angelesare seatedon r Commission. There are 84 other cities in the County that are also part of the LA Continuum of Care that do not have representation at the level where the most .ctful decisions about i are made.Instead, cities are considered as responsibleone of many stakeholders within the process, rather than as an independent partner that is also #r providing services to its residents.# .rtments that provide numerous services o PEH have a seatr •ns on how to address homelessness.However, departments that provide o PEE in the other 84 cities are not• # part of discussions.. rcollaboration The SGVCOG recognizes that collaboration is challenging in a region so large and diverse, with thirty-one jurisdictions in the San Gabriel Valley, each with its own council members, ordinances, programs, and staff. However, it is critical to providing the most effective services and resources to our unhoused residents. San Gabriel Valley cities have a shared goal of ending homelessness, Page 12 of 30 and each city implements the approach that is most responsive to the needs of all of its community members and is based on the resources available, historical knowledge of their communities, and previous experiences. benefitLAHSA programs could • r their knowledgeof •cal, conditions. To do this, there must be an effortto understand specific needs of these small communities and collaborate with jurisdictions to implement the more . + • . Cities have had limited access to funding that can be used to develop and implement programs that would best serve their communities. This is despite the fact that County residents passed Measure H, voting to tax themselves to provide additional resources to address homelessness. Other tax measures - Measure W (Water), Measure A (Parks), Measure M (Transportation), Measure R (Transportation) - have all included a "local return" component that have allowed cities to implement these unique programs. In each of these instances, the "local return" is only one component of the funding allocation, and there is still significant funding that is allocated towards regional projects and programs. Local return is missing from Measure H. Instead, Measure H funding is managed by the County, where cities participate merely as minor stakeholders amongst a group of other stakeholders. This mindset has been demonstrated in the various stakeholder meetings used to develop the Measure H Approved Strategies to Combat Homelessness. At these meetings, the majority of representatives have been from County departments or the homeless services system, with very limited representation from cities. As a result, cities have had limited access to funding that could be used to develop and implement programs that would best serve their communities. This has severely limited cities' flexibility or creativity to create programs that uniquely serve their own communities. Moreover, even when cities propose an innovative solution, it does not appear to be taken seriously unless it can be applied County -wide. Examples Specific examples demonstrating the lack of locally -available funding are as follows: • Burdensome Funding Requirements: When Measure H funding from the County is provided, it comes with numerous restrictions. When cities received grants for the implementation of their homeless plans, the County placed restrictions on how the funding could be used and provided cities with little ability to reprogram funds. This left funding that could have supported PEH unused because cities could not use the funds as originally intended but also could not reprogram it. Funding also cannot be used for law enforcement, even if the funding is not used for enforcement activities. Funding also has program standards which small cities are not equipped to provide, such as retaining Licensed Clinical Social Worker (LCSW) level staff. This is especially problematic given that many small cities cannot support enough city staffing to adequately address homelessness issues. Finally, LAHSA appears to apply Federal restrictions to the Measure H, locally -generated Page 13 of 30 funds. These overly -burdensome requirements do not increase the transparency or effectiveness of the use of funds - they merely increase the time and capacity required by cities and LAHSA to administer and implement the funds. • Prohibition on Funding for Law Enforcement Implementation: In some communities, police or fire departments are the first responders to PEH in their communities and, as such, lead cities' homeless response efforts. With limited resources, cities must use the resources that they have in order to make an impact. Moreover, police officers are on the streets in their communities and often know their local homeless populations. However, with LAHSA's and the County's restrictions, cities that engage their law enforcement to implement homeless programs are precluded from many resources that could support their efforts to address homelessness. They do not have access to data; they have limited access to the county -wide resources that are intended to serve the whole County. Law enforcement has been prevented from communicating directly with the SPA 3 outreach coordinator, even though a strong prior relationship existed. While partnerships with LAHSA's Homeless Engagement Teams (HET) have been made, these teams don't have the resources to adequately communicate and build partnerships with each city. Departments have specialized staff and trained mental health personnel that respond to the homeless within their communities and help to place :PEH into housing. For example, in .Monterey Park, where the Police Department leads homeless outreach efforts and where several Project Roomkey sites were located, officers were able to house several individuals in temporary Project Roomkey housing. Monterey Park officers worked closely with their assigned County Mental Health team to provide mental health services to those :PEH in need. With LAHSA's and the County's restrictions, cities that engage their law enforcement to implement homeless programs are precluded from many resources that could support their efforts to address homelessness. These blanket determinations prohibiting engagement with law enforcement have hampered efforts to address homelessness in those communities. PEH would be better served by improving coordination and identifying opportunities to fund those innovative and unique programs, even if they fall within law enforcement agencies. In the longer-term, PEH would also be well -served by efforts to develop and implement a mental health -first response, rather than enforcement, first response. The SGVCOG is currently undertaking an effort to incorporate these services on a regional level. However, even as this effort advances, law enforcement will play a role and, to most effectively provide services to PEH, they should be provided with access to the data and services to do so effectively. Key Cause: Lack of Understanding of Cities The 31 independent cities in the San Gabriel Valley - and an additional 54 other independent cities also in the LA Continuum of . are eachand operate differently fromand County of •s Angeles. Cities have unique and diverse stakeholders understandprocedures, and policies to serve these stakeholders. Neither LAHSA nor the County Homeless Initiative appears to this diversity or to value the diversity and information do bring to the table. As discussed previously, cities have an intimate knowledge of their communities, as well as their homeless popu_ overall{,services system would benefit greatly ♦ f • the Homeless. s more • • effort to understand Page 14 of 30 City government is the most effective level of government where residents, service providers, faith communities, businesses, and non-profit organizations can work together to develop solutions that work best for their communities. Acknowledging this fact would allow for more opportunities to identify and implement unique solutions. As alluded to previously, there is poor communication between LAHSA, the County, and cities. Cities have no centralized point of contact at LAHSA or the County, nor do they have access to appropriate contacts that can answer questions about programs, respond to concerns, and provide data about PEH served in their communities. Further complicating these issues is that cities often interact with LAHSA in both its capacity as an administrator of funding and as a direct service provider though its outreach teams. When cities are able to find appropriate contacts, it can be difficult to get clear and concise direction from LAHSA and the County. At times, staff receive different answers from different people, creating confusion and making program implementation more difficult. It often seems that information is being withheld from cities, creating the appearance of a lack of transparency. Examples Specific examples of this lack of communication and transparency are as follows: 1 data sharing in the County's homeless However,services system. often denied.some instances, HMIS access is denied because city staff are members of law enforcement, or, in some cases, simply work closely. •' are workingto use HMIS as a part of an effort to better coordinate their services with the broader system, to share knowledge of individual clients' whereabouts, and to better target city resources and avoid duplication. Without HMIS access, cities are hindered from embracing the principlesthe Coordinated Entry System (CES) - • i to be a no -wrong ii•'!county-wide same time being encouraged to follow the CES process. It has led to numerous of • + with, • particular person experiencing homelessness, only •' learn later that they had a case manager! # or was working with someone actively receiving services from a city program. Alternatively, when clients working with a city are later connected to services, their new provider does not have•' •uld have been already i' • HMIS. Though informationattempt to facilitate i i less efficient or effective. There likely are legitimate issues related to privacy; however, LAHSA has not partnered with cities to attempt to overcome collaboration and communication,learn•: other contexts informationor law enforcement have access to sensitive best practices to ■ w • other•: Page 15 of 30 Without full access to data and information -sharing systems, work done by cities or smaller community-based providers (either separately or in coordination with cities) is not effectively coordinated within the system. As a result, services remain fractured. Even as new initiatives, such as Housing Central Command, aim to unify diverse resources, smaller cities or independent public housing authorities are not included. The need for improved communication is especially critical when cities are impacted by homelessness in areas outside of their jurisdiction. Cities have few options related to homelessness in County parks or Caltrans property within or near their borders, or in unincorporated County which borders the city, and which may not even be in the same SPA. • Undermining Public Support for and Success of Measure H: Beyond the impact on PEH, these problems jeopardize the success of Measure H and challenge the goodwill of residents that want to see progress in addressing homeless in their communities. San Gabriel Valley cities receive numerous complaints regarding the lack of progress made surrounding homelessness, despite the promises of Measure H. Cities, shut off from influencing the services delivery system, cannot assist in a meaningful way. Cities that do not have their own housing navigators - funded using separate funding - or existing relationships with CES providers or outreach teams can only themselves access services for their homeless residents by using the Homeless Outreach Portal (LA -HOP), which can only commit to a response within days. Alternatively, cities can direct their residents to use the same process to request services. If and when an outreach team arrives days later - at which time the PEH may or may not still be there in need of services - nothing appears to change. Then, when programs like Project Roomkey are launched in a community and are not preceded by community engagement, city staff and elected officials are the ones responsible for addressing community complaints. Because they are provided little or no information - and are not in control of the programs, they have little to offer. Community members who wish to serve their homeless neighbors have comparatively few options to get involved. This sours future support in communities for any measure to extend homeless services funding, putting in jeopardy the future of Measure H, as well as the system we have all worked so hard to build. Key Cause: Lack of Trust It appears that LAHSA • the County• not homelessness. They •i not appear to trust cities' ability to develop• programs responsibly, nor do they appear to trust cities to appropriately use the data to serve their homeless populations. LAHSA and the County have focused on creating an overarching system and establishing best practiceshave • actively involved the cities in this process. As +: result, an understandingof local context•' situation is not included. Our cities truly are willing partners in the fight against homelessness and having more communication with and trust in cities to develop and implement programs that are responsive to the local communities will lead to a stronger system. Currently, nonexistent and/or slow communication prevents the timely resolution of problems, creates confusion, and, ultimately makes program implementation more difficult. It undermines the intended approach of CES and the County homeless system to have a no -wrong door approach and ensure that :PEH receive services as quickly and efficiently as possible. Page 16 of 30 Cities have developed - and want to continue to develop - their own programs that serve their communities, and they want these programs to be recognized as legitimate components of the County's homeless services system. Page 17 of 30 POTENTIAL SOLUTIONS *TM Mf= HIM, a1C 11MIL1.94C auenia'XICS Ind' I, I -, Isstes t1KfflLssct,7Z detail in the previous section. The SGVCOG believes these alternatives would strengthen t County's overall homeless services delivery system. These alternatives would be more responsi to the partners in small cities around the County and allow for more robust collaboration a coordination between all partners participating in the fight to end homelessness in LA County. Our proposed solutions include both recommendations to improve the system at a high level J" well as smaller -scale adjustments to be made concurrently. While most of these recommendatio focus on LAHSA, we recognize that many would instead require changes to the policies of t County and its respective departments. In particular, our recommendations lb, 2b, 2c, 2d, 2e, 3 and 3c are just as applicable to the County system as to LAHSA. All fall into one of the followl 31 categories: • Increasing Representation Within the Current System • More Autonomy Within the Current System • Additional Improvements to the Current System • Independent Control overhaul of the current system or the creation of new entities. We believe that starting from scrat in that way is only in the best interest of all involved if sufficient alternatives cannot be agre upon. To that end, it is our intent to only advocate for the options in the "Independent Contro categories. 111:1111111 11111.1ilivirl== Recommendation ]a: Increase Representation and Seats on the LAHSA Commission The SGVCOG believes that, within the current system, there must be increased representation for jurisdictions besides the City and County of Los Angeles. Seats should be added to the LAHSA Commission, to provide a voice to and increase knowledge of other areas of the region and smaller cities. The SGVCOG proposes that jurisdictions other than the City of Los Angeles and the County of Los Angeles should have representation that is equal to that of the City and the County. Four potential approaches are summarized in Table I, below. Page 18 of 30 Model Representation Structure Add Council of Government • 5 seats for the City of Los Angeles (COG) Based • 5 seats for the County of Los Angeles Representation • 5 seats allocated to COGs according to their population, excluding portions in the City of Los Angeles and unincorporated County. That could be divided potentially as follows: • San Gabriel Valley COG (approx. 2 million people) • Gateway Cities COG (approx. 2 million people) • South Bay Cities COG (approx. 1.3 million people) • Westside Cities COG and the Las Virgenes/Malibu COG (Combined) (approx. 500,000 people) • San Fernando COG, Arroyo Verdugo COG, and North Los Angeles County COG (Combined) (approx. 1.35 million people) Los Angeles County o 5 seats for the City of Los Angeles Metropolitan Transportation • 5 seats for the County of Los Angeles Authority (Metro) board • 5 seats selected by the City Selection Committee Add Service Planning Area • 5 seats for the City of Los Angeles (SPA) Based Representation • 5 seats for the County of Los Angeles • 5 seats allocated to all 8 SPAs according to their population, excluding portions in the City of Los Angeles and unincorporated County. That could be divided potentially as follows: o SPAs I and 2 (Combined) (approx. 1.3 million people) • SPA 3 (approx. 2 million people) • SPAs 4 and 5 (Combined) (approx. 550,000 people) • SPA 7 (approx. 2 million people) • SPAs 6 and 8 (Combined) (approx. 1.8 million people) King County (Seattle) • A Governing Committee Regional Homelessness • One seat for the Mayor of Los Angeles, three seats for LA Authority Councilmembers • Five seats for the Supervisors • Five seats for elected officials representing the other 87 cities • Two seats representing people with lived experience with homelessness • An Implementation Board of twelve members with specialized skills and experience appointed by the County, the City of Los Angeles and the smaller cities in the County. Page 19 of 30 Many problems identified stem from the fact that LAHSA does not represent the other 84 cities LA County that are also members of the LA CoC and behaves accordingly. While this soluti does not solve other specific problems immediately, it allows for appropriate representation ensure issues in all categories can be addressed over time. It takes the existing structure also improves it incrementally, preventing the disruption associated with building out a new syste Because small cities would have direct authorito within the LAHSA structure, a, c, staff wou start to appropriately prioritize their needs, and those cities would have advocates within LAHS they could call upon as specific situations arise. It also would provide cities with, trusted insig into how decisions are being made. Issue(s) Addressed • Lack of Collaborative Relationship with Smaller Cities • Lack of Funding for Locally -Based and Supported Initiatives and Programs • Poor Communication and Lack of Transparency. Key Considerations We recommend an option that provides representation directly to COGs so that the representativ can be more fully accountable to the diverse interests of cities within those regions, rather th only the city they represent. If such alternatives are chosen, the portions of each COG or SP which are composed of the City of Los Angeles or unincorporated County should not be consider P v r for population weighting purposes, and those entities should recuse themselves from the selecti of representatives. Otherwise, this will continue to provide them with disproportionate influen over the homeless services system. Where a seat is to be shared by multiple COG's or SPA's, th could be provided with the option of jointly selecting their representative or rotating who mak the selection. Additionally, policies would need to be created surrounding cities which are n members of any COG or are members of multiple COG's. 'MffS-MrZfffA;7U-fJfr7r =JJ-e--dVU,§,JJ T in 'T d _09111 71 f M47TTMT= r _771 spe L T TY commissioners as full partners and to endeavor to understand how cities function. Because sm cities would not be able to collectively enact any change on their own even with five votes, citi would need to feel assured that the voices of their new commissioners would be listened to. Critically, this would not resolve cities' concerns as to funding allocations and other decisions related to homelessness made by the County, which must be addressed separately. Recommendation lb: Increase Small City Representation on Stakeholder Groups The SGVCOG requests that LAHSA and the County commit to providing seats dedicated to small cities on advisorv, bodies, ad hoe committees, and/or stakeholder•rou,#,s whenever thew are formed. The County Homeless Initiative and County Departments should make frequent use of such groups when making decisions which affect the entire County. This will allow for important, otherwise overlooked considerations to be raised from the beginning and provide cities with influence in Specifically, the County should form a standing advisory group comprised of cities to provic'm input on funding decisions. This will better ensure equitable distribution of Measure H funding regions and jurisdictions around the County. i Page 20 of 30 Issue(s) Addressed 9 Lack of Collaborative Relationship with Smaller Cities Key Considerations A thoughtful process would need to be developed to determine which entities select these representatives. Those selected would need to bring the perspective of small cities as a group, but it is also necessary for each region to advocate for their distinct needs. Whenever possible, representation from multiple areas should be provided. We also recommend adding additional seats to such bodies for people with lived experience with homelessness. More Autonomy Within the Current System Recommendation 2a:Modify LAHSA's Mission to Acknowledge its Services to All Cities The SGVCOG recommends modifications to LAHSA's mission to specify that it represents and services all 85 cities that are members of the LA CoC, to clarify responsibilities, and to provide more responsibilities to the cities. This would include, for example, committing to always consult cities for input on siting locations and for developing overall strategy in each area. By including the need to be accountable to smaller cities in its mission, LAHSA staff would better grasp the importance of understanding the priorities and structures of all member cities. By requiring that LAHSA obtain early input from cities on matters which affect them, strategies will be better tailored to local needs and foreseeable problems would be averted. Issue(s) Addressed e Lack of Collaborative Relationship with Smaller Cities Key Considerations Modifications to written policy must be accompanied by good faith collaboration. Because any outline of responsibilities will not be able to capture all circumstances, it will be important to develop strong relationships and active lines of communication to address each new situation. Recommendation 2b: Incorporate City Input into Program Design of Requests for Proposals (RFPs) and Scopes of Required Services, as well as a process to request exemptions from certain requirements. This should also include public funding related to homelessness administered through any County department. This would allow for the removal of barriers to small, cities or small providers being awarded funding through the LAHSA RFP process or otherwise. These changes could include, but not be limited to: • Allowing for programs to target a catchment area approved by the cities but smaller than the whole SPA. • Removing requirements related to having Licensed Clinical Social Worker level staff. • Removing prohibitions on funding law enforcement. This would better facilitate cities being directly awarded funding and to support smaller scale programs by trusted community providers. Both cities and smaller -scale community providers are sometimes unable to meet the program requirements that LAHSA and/or the County require, which unreasonably restricts funding to larger social services providers with the expansive Page 21 of 30 infrastructure necessary to meet these program requirements. It would allow cities who operate their local homeless services through or in close coordination with their police departments to continue these programs, taking advantage of the knowledge that police departments have of their communities. It would allow cities to prioritize the use of surplus or underutilized public properties in innovative ways. While homelessness is a regional issue, the SPA is too broad a catchment area for providing services and housing to PEH in a region as large and diverse as the San Gabriel Valley. This requirement could prevent PEH from receiving services in their own communities. For many in our region, PEH may be unable to receive services in their community, separating them from those who speak their language or from foods from their community of origin. This undermines our shared goals related to cultural competency. Our communities may be understanding of serving some PEH from neighboring cities, but requiring the acceptance of referrals from the entire SPA can displace PEH from their established communities, which serves neither housed nor unhoused residents of the San Gabriel Valley. Allowing cities to collaboratively determine a local catchment area of 2-5 cities solves these problems while allowing for flexibility. Issue(s) Addressed • Lack of Funding for Locally -Based and Supported Initiatives and Programs Key Considerations This process would need to be ongoing and allow for flexibility as new programs are designed or new problems are identified. Recommendation 2c: Create No- Wrong Door Communication Approach with Cities LAHSA and the County•' • provide• wrong door"i of • for who would be empowered to determine answers to new, city -specific problems. LAHSA and the County i • develop better, formal. own structures forengaging stakeholderscities as i incorporating their input when making decisions. This • • solve a variety of issues questions•s. It would create. mechanism forsolutions • novel problems to be develop pointin a timely manner. This be tasked with ensuring there is always outrea to cities when t new program m• be • • in their jurisdiction. Issue(s) Addressed • Poor Communication and Lack of Transparency • Lack of Collaborative Relationship with Smaller Cities Key Considerations A key element to this solution is that the contact would have the ability to prioritize these issues within LAHSA and facilitate decision making. Providing a single point of contact without this ability only solves a small portion of the problem. Recommendation 2d: Make Funding and Pr'ogr'amming Decisions at the SPA -level Funding and programming decisions should be made at the SPA -level rather than at the County - level, incorporating meaningful input and engagement from stakeholders in each SPA. This could Page 22 of 30 include distinct allocations foreach Measure H strategy to each SPA and/or SPA -specific RFPs. This could also include allowing SPAs to determine the most impactful ways of allocating funding and implementing programs at the SPA -level, for example developing catchment areas for the purposes of providing services to :PEH. This could resolve issues of a mismatch between the strategies for programs and funding determined for each sub -region at the County level and their actual needs. This could also allow for SPAs to develop a more thoughtful approach to providing services and housing for PEH Issue(s) Addressed 9 Lack of Funding for Locally -Based and Supported Initiatives and Programs Key Considerations A thoughtful engagement of SPA -level stakeholders would be needed to make these decisions. Recommendation 2e: Increase Measure HAllocations to Cities and COGs The County should increase the Measure H allocation to cities and COGs, with a dedicated minimum funding level for each year. Ensuring a consistent local return will bring Measure H more in line with other County sales tam measures. It would help to address a variety of concerns which were raised with respect to I oc control and needs. Creating more locally -controlled programs allows for more responsiveness community concerns and improves public perception about the impact made by Measure H. I Issue(s) Addressed • Lack of Funding for Locally -Based and Supported Initiatives and Programs • Lack of Collaborative Relationship with Smaller Cities Key Considerations The use of previous allocations of funding to COGs demonstrated their ability to use this funding effectively to create city -specific programs while also maximizing opportunities to build regional partnerships and economies of scale. By providing dedicated funding on an ongoing basis, it will become possible to create long-term programs. Recommendation 2f. Collect Input on the PIT Methodologyfrom Cities Prior to Finalizing LAHSA should provide an opportunity for input from each City on the data and methodology used to calculate their city level PIT count before it is finalized, as may be possible within HUD guidelines. This can include input on the correct multiplier to use for the number of individuals per car, tent, or makeshift structure, as well as ensuring the census includes a count of areas within each city with disproportionately high or low concentrations of unsheltered individuals. This lowers the likelihood of an official overcount or undercount which is at odds with t observations of those who know the city well. It prevents fluctuations from year to year relat more to how the count was conducted than changes in reality. It will allow for better data relat to the geographic distribution of the homeless population within SPA 3 to inform progra targeting decisions. Page 23 of 30 Issue(s) Addressed • Lack of Collaborative Relationship with Smaller Cities Key Considerations Cities can provide valuable information about their homeless population both when planning for the PIT count and when functioning as a check against inaccurate data or conclusions afterwards. Additional Improvements to the Current System Recommendation 3a: Increase Flexibility in Implementing Progra s LAHSA and the County should provide increased flexibility in implementing programs. Overall, there should be more flexibility, whether through modifications to existing program types or the option of proposing new ones. This could include, for example, funding more, smaller programs rather than fewer, larger programs, or the funding of creative programs proposed by cities. LAHSA should not set minimum numbers of PEH to be served by proposed programs and should not restrict the number of providers to be awarded in each SPA. Program funding levels should be set to make smaller programs feasible. This would allow for more access centers, interim housing programs, winter shelters, safe parking sites, and rapid rehousing providers. Currently, the limited number of these programs in each SPA hinders program access by PEH, prevents access to funds by smaller providers, and leads to greater neighborhood pushback as compared to the same funds split across more programs. Program implementation should acknowledge the resources and needs across the region. For example, there should be a greater priority placed on expanding resources for those that suffer with mental health and substance abuse challenges. Program implementation should focus on identifying opportunities to use and expand existing programs and facilities, including vacant, government-owned buildings, to better provide the services these individuals need to rebuild their lives. • • • • • •• rerfl=1 • • needs.local • better distribution, • • • • • t impact,and facilitatesparticipation of .ller provider For example, in the 2020 Access Centers RFP, in which LAHSA added more funding overall •A 3 but • • not increase• of • • available w11 to fund two or three smaller programs capable of carrying out the full scope of required service The current approach leaves most of the region without any nearby access center. Issue(s) Addressed • Lack of Funding for Locally -Based and Supported Initiatives and Programs Key Considerations This should be addressed both• • . • of of programs available to implemented, but also within RFP documentsthemselves.be less specific goalsmandating, for example, how many programs will, be selected per SPA, and should state mo generally the .t programs must meet, allowing for some discretion in the proposal Page 24 of 30 Recommendation 3b: Allow Cities to Access IS LAHSA should create a streamlined way for cities to access HMIS and collaborating to resolve any legitimate privacy concerns. LAHSA should provide a clear process for beginning HMIS participation, and standard policies related to privacy concerns cities are likely to face. This will allow cities to participate in HMIS who do not currently do so either because of lack of a clear avenue to gain access, or because they are prohibited from doing so. Where privacy concerns must be addressed, a collaborative process could result in cities adopting the appropriate policies to resolve them. Issue(s) Addressed 9 Poor Communication and Lack of Transparency Key Considerations This should include a clear mechanism to produce city level data and reports to best take advantage of increased HMIS use. Recommendation 3c: Better Integrate Law Enforcement into Homeless Response Ifo LAHSA and the County should better incorporate homeless outreach within law enforcement. This could be based on the existing model operated by the Department of Mental Health (DMH) with local law enforcement. For example, Monterey Park has a DMH psychiatric social worker assigned to their police department. This person works in conjunction with their officers who focus on homeless outreach. This clinician is mandated to follow the County's privacy and program standards and policies, but this individual is integrated with this local city team. LAHSA could utilize a similar model, assigning an outreach worker to each independent city or to groups of cities depending on their size and/or PIT count. This integration could better tailor outreach to specific community needs. This will allow the homeless services system to take advantage of the knowledge local law enforcement has of their city. It will reduce fragmentation between the larger system and the work currently taking place in cities who operate their homelessness programs through their police departments. Issue(s) Addressed • Poor Communication and Lack of Transparency • Lack of Collaborative Relationship with Smaller Cities Key Considerations The appropriate points of contact and areas for integration will vary by city depending on their law enforcement structure or methods of operating homeless services within their city. Recommendation 3d. Expand Participation in Housing Central Command LAHSA and the County should expand participation in Housing Central Command by smaller cities and independent public housing authorities (PHAs) once it expands beyond its pilot phase. This would better streamline the use of these entity's resources to address homelessness in their communities. Page 25 of 30 Issue(s) Addressed 9 Poor Communication and Lack of Transparency Key Considerations PHAs have different policies and differing approaches to homelessness which may influence their relationship to Housing Central Command. Independent Control 11 1 �,=Mrjk MrWMW'_WMMWWV'_M Gabriel Valley could pursue the creation or expansion of an entity or entities independent of LAHSA to administer and manage Measure H and other funding. This could include: • Administration of the majority of funds and programs directly through the COGs • Forming new homeless services authorities to serve each sub -region. • Forming a new homeless services authority to serve the County minus the City of LA • Administration of the majority of funds and programs directly through each, city. Such an entity or entities could, with the necessary approvals, join the Pasadena, Glendale, or Long Beach Continuums of Care (CoC) or create independent CoCs. Managing funding independently would allow cities to solve all or most of the problems we haa identified. Because such, an overhaul comes with downsides in terms of disruption of the curre system, we hope that these problems can be resolved through other means. However, we vie these options as effective solutions to prioritize if other methods fail. I == I �.11 Of , L, L77 M,sW maW_Fe PeRer eq Tlyp)e e liscal agell 11 i Cl W111ts, W! LAHSA struggles to do. Smaller entities could provide more timely payments to providers anli cities and be responsive to fiscal questions. Issue(s) Addressed • Lack of Collaborative Relationship with Smaller Cities • Lack of Funding for Locally -Based and Supported Initiatives and Programs • Poor Communication and Lack of Transparency Key Considerations The governance structure of any new entity created would need to be thoughtful to ensure problems of representation are not duplicated and that the needs of all member cities are taken into account. Additionally, Measure H funding would need to be allocated to the respective entities proportionally, either by PIT count, population, or amount of sales taxes collected within their borders. The costs associated with these options should be borne by new or existing County funding. Page 26 of 30 Recommendation Collaboration Funding for Communication with Smaller Local and Cities Programs Transparency Additional LAHSA Commission seats X X X for smaller cities Dedicated seats for smaller cities on X advisory bodies, ad hoc committees, and/or stakeholder groups. Expansion/clarification of LAHSA's X mission and responsibilities to specify that it represents and serves all 88 cities. Formally incorporate cities' input into X program design, RFPS, and SOWS and allow cities to be exempted from certain RFP requirements Provide a "no wrong door" style central X X point of contact for cities who would be empowered to determine answers to new, city -specific problems. Making funding and programming X decisions at the SPA -level rather than Countywide. Increasing the Measure H allocation to X X cities and COD's, with a dedicated minimum annual funding level. Providing an opportunity for input from X each City on the data and methodology used to calculate their city level PIT count before it is finalized. Increased flexibility in implementing X programs. Streamline access for cities to HMIS, X collaborating to resolve any legitimate privacy concerns. Better incorporating homeless outreach X X within law enforcement. Page 27 of 30 Participation in Housing Central x Command by smaller cities and independent public housing authorities. The selection of an entity or entities x x x independent of LAHSA to manage Measure H and other funding. 1'r 2. I i III "I'll w - Page 28 of 30 DEMONSTRATING COMMITMENT TO OUALITY PROGRAMS AND SERVICES The San Gabriel Valley is committed to continuing to pursue philosophies which lead to quality programs and services and align with nationally recognized best practices. Our existing practices and plans demonstrate this, and we intend to deepen our commitment to them as our work expands. This demonstrates that funding will be used effectively as the San Gabriel Valley is provided with more autonomy as our recommended solutions are put into effect. While this may look different depending on the level of autonomy provided, these principles will guide the work to combat homelessness in the San Gabriel Valley regardless. Pursuing Best Practices All programs in the San Gabriel Valley will follow nationally and regionally recognized best practices, such as those mandated by HUD or recommended by the National Alliance to End Homelessness. These include, but are not limited to, Housing First, Harm Reduction, Trauma - informed Care, Cultural Competency, and a focus on equity, including racial equity and a distribution of funds and services among subpopulations. Our programs will be operated in accordance with program standards, facilities standards, and performance targets substantially similar to those currently in use by LAHSA. They will follow best practices in terms of caseload ratios and the use of interventions such as motivational interviewing. With respect to unsheltered homelessness in our communities, cities will follow a public health approach which prioritizes services over enforcement as recommended by LAHSA's Principles and Practices for Local :Responses to Unsheltered Homelessness. PEH served in our communities will benefit from non-discrimination, equal access, and grievance policies similar to those currently in use. Overall, funds which cities or the COG control will be put to use according to the Measure H strategies. In order to support the implementation of these philosophies, staff at individual cities who focus on homelessness will provide education on the importance of these best practices to their city councils, particularly to councilmembers who may sit on the LAHSA commission or other boards which oversee homeless services. CES Participation and Regional Services Programs in the San Gabriel Valley will participate in the Coordinated Entry System and operate from a regional perspective. Our work will continue to prioritize administering the VI-SPDAT in all programs and entering all participants into CES. City or COG funded programs will require collaboration with CES providers through case conferencing and other venues. Any permanent housing we control will be allocated according to LA County CES prioritization policies. Our programs will participate in HMIS and use it to the fullest extent possible. The only exception to this would be where prohibited by LAHSA, as outlined in the "problems" section of this paper. Site based programs, such as interim housing, will be structured to serve a portion of the region. Many of our cities already address homelessness in cohorts of neighboring cities. As locally - controlled homelessness programming expands, the remaining cities can form themselves into self-selected cohorts of two to five cities each. These cohorts will form the basis of the catchment Page 29 of 30 area that each site based program would serve, rather than the entire SPA, and eligibility criteria would include having contact with an outreach team while in that area or otherwise having ties to a member city. In this way, local programs will have a regional approach while serving PEH from the communities where the sites are located. Use of Local Resources and Control Our communities commit to using local resources and control to effectively expand the homeless services delivery system. Once the above-mentioned cohorts of cities are formed, we will work to site interim housing beds in each one. By doing so, interim housing options will be available to PEH anywhere in the SPA, resolving a key limitation of this approach. The number of beds within each catchment area will be in accordance with targets to be determined at a later time, for example, 10% of each area's PIT count. It will be important for member cities to maintain a level of control over beds in their catchment area. This could include the targeting of specific encampments, the use of preference lists, or a set- aside of beds to be filled specifically by city referral. This will not preclude the integration of interim housing into CES, such as by using eligibility criteria related to acuity or housing match status. Our communities will also support the siting of permanent supportive housing within our communities. We will prioritize using surplus land for homeless services and affordable housing and are actively working to identify parcels for this purpose. We will also prioritize leveraging funding such as CDBG and the Regional Housing Trust to support regional goals. Our cities will prioritize the use of surplus or underutilized public properties, particularly to address the needs of those with mental illness or substance use disorder. CONCLUSION The challenges and recommendations emphasized in the sections above highlight the opportunity for all stakeholders in the County of Los Angeles to come together and build a comprehensive, coordinated, Countywide structure and strategy to end the shame of tens of thousands of people living on our streets. Business -as -usual will not solve this problem, so all County stakeholders must rise to face this challenge. The SGVCOG looks forward to actively participating in the formation of a better and more responsive homeless services system for all. Page 30 of 30 Attachment A 71%w I F""' . ...... ........ 'I', . . . . . . . . . . . . . e" . . . . . . . .. . . . . . ", . . . . . . . . . . . . H. . . . . . ........ . omelF I� pr�c�rf Ab- SGVCOG7� San Gabriel tufa tis Council of Govty@nnie M 0 Attachment A 73 F Background 2 11'111111k1'10111 San Gabriel Valley Regional Housing Trust City Homelessness Programs 7 ig"PRO"k Homeless Plan Development 3`1,�, Alhambra 37 Diamond Bar 32 Arcadia ,,,P, Duarte 33 Azusa 39 El Monte 34 Baldwin Park 40 Glendora 35 Claremont 41111,211 Irwindale 36 Covina 42 La Puente Landlord Outreach and Incentive Program Homeless Services Coordination Program Homeless, Mental Health, and Ft 54111`111111I Crisis Response Study fir= '"-' " 40'r Hygiene Program 43 La Verne 44 Monrovia 45 Montebello 46 Monterey Park 47< Pomona 5"1 ,1111'11','�,, Rosemead 49 San Dimas 0 San Gabriel 1,11 5 11111,1 South El Monte 52 South Pasadena Temple City West Covina In 2019 and 2020, the San Gabriel Valley Council of Governments (SGVCOG) was awarded more than 57.2 million — through a 55.6 million State budget allocation, a $1.5 million LOS Angeles County Measure H Innovation Funds allocation, and a $113,320 State COVID-19 Emergency Homelessness Funds allocation via the County — to support housing and homelessness programs in the San Gabriel Valley. Given that homelessness is a multi -faceted crisis, the SGVCOG aims to tackle homelessness with a multi -faceted approach. $5JAVF M IN STATE 00 FUNDING aFP k ti $1'3K • IN COVID-19 EMERGENCY FUNDS Attachment A Based on extensive stakeholder engagement, the following ten regional needs were identified. The SGVCOG Governing Board allocated funding to ten categories of programming accordingly. to meet current demand and to stop the inflow to homelessness due to inadequate housing supply i e I "qpii e" "'g, �"' olfor those cities that had not previously completed plans and problem solving resources to prevent residents from becoming homeless oz to test innovative, scalable solutions to homelessness for youth at risk o'ii k e "u v of homelessness "", (11", """) V ft' I fif" C.""mo C h 01, e s to encourage landlords to accept tenants who are experiencing homelessness Cii"'-V to build capacity for people experiencing homelessness (PEH) and mental health crises By Spring 2020 with the outbreak of COVID-19, an additional urgent need became clear: (1 0z" 1", 11"P, in our unhoused neighbors These ten categories of programming aim to both serve people actively experiencing homelessness and to stop the inflow into homelessness. By fall 2020, all programs were underway. INSOOM TATE STATE FUNDING s t tr • FOR CAPITAL COSTS IN COUNTY FUNDING �s$ 3 45 0 K FOR CAPITAL COSTS z IN COUNTY FUNDING $200K tt FOR OPERATIONS The San Gabriel Valley Regional Housing Trust (SGVRHT) was �, tt�., to finance the planning and construction of affordable and homeless housing. The SGVRHT is governed by a nine -member Board of Directors composed of elected officials from seven cities that are members of the SGVRHT and two housing and homelessnesss experts. The SGVRHT currently boasts 21,11! Membership is required to serve on the Board of Directors and to be eligible for SGVRHT project financing. F- r u-ag- 11, F 11RIV MEMIStR IIE5 Alhambra Duarte Montebello Arcadia El Monte Pasadena Azusa Glendora Pomona Baldwin Park Irwindale San Gabriel Claremont La Cailada Flintridge South El Monte Covina La Verne South Pasadena Diamond Bar Monrovia West Covina In July 2020, the SGVRHT adopted bylaws, underwriting criteria, and loan guidelines and established the San Gabriel Valley r o' -p "";' a list of 13 projects totaling 672 units of affordable and permanent supportive housing in need of gap financing in the region. f 0 111-! e et, - i r e 0 (1,111AIAlk S(,,",,,i-AZJIT. Member cities can allocate their PLHA funds to the SGVRHT for program eligible expenses, including use as capital funds to finance affordable and homeless housing and activity costs incurred to operate the SGVRHT's programs. PLHA funds dedicated to the SGVRHT are eligible for use as matching funds for the LHTF program. The SGVRHT received planning funds from sources including the State, member cities, and Southern California Association of Governments through Regional Early Action Planning (REAP). These funds will be used to increase the SGVRHT's capacity to obtain and leverage funds to increase affordable housing in the San Gabriel Valley. A ►\ I j 1 T T ayc \ I MIOM ■ w a . \ Eel i • S is g I s.., 1, t. ;i" t.1. , . ,. 4.i,. i : (1, I ,.. z I g e , �a"i,t to best address the specific housing needs of the region and most effectively leverage funds to augment affordable and homeless housing production •iuiri As a JPA, the SGVRHT is eligible to receive both public and private funds. The funding strategy will enable the SGVRHT to solicit private investment and increase capital funds to be invested in affordable and homeless housing projects across the region. The SGVRHT is investing in a study to identify innovations in both construction and financing methods to reduce the cost and time required to produce affordable and homeless housing to help meet the urgent need. The SGVRHT is providing capital and technical assistance to: in interested member cities through the (non -congregate shelter) tAtt', ies to ensure onsite service provision quickly and at a relatively low cost MEN FIRI"M The SGVCOG is providing 54,075,495 CITIES 22 in funding to its member cities to t'iir.4( :33ti;1tii, implement three programs: <$4.s, �~ts t qtr I*08MN FUNDING l 4tC J, ,I. ,. Cities submitted applications for these programs during the Spring 79% OF FUNDING TO 2020, with the Pilot Programs being DIRECT SERVICES DIRECT SERVICES �� the only competitive program. OtherAdmin Encampment Cleanup 3.8% 1.8% 5.5% Law Enforcement 9.8% Service Provision 18.6% Financial Assistance 60.4% A : 9 19 CITIES « A$303M : � IN STATE FUNDING 9 « <j ALLOCATION � m$50=2PER CITY � � {s %A "t, "'� t "i" S La 1%, i g a t iit c S, including a part-time housing navigator. An efficient and cost- effective way to provide these services was to procure a single provider, with "I", I _"it T"' i S 1, is c"", I I "', ", ti' " I( S S ,,r V 6� S ultimately selected as the provider. Cities were able to opt into the program with their homeless plan implementation funds and were able to choose city - specific services (e.g. a city -dedicated housing navigator just for their city) or to add supplemental housing placements. The program was also structured to include funding for rapid rehousing rental subsidies. Recognizing the need to stop the inflow into homelessness, 22 s,, -Dies are implementing Prevention and Diversion programs. Program activities include: • i problem solving conversations with each client * each client's needs and resources clients to identify existing resources to overcome their barriers financial assistance if determined to prevent clients from becoming homeless IN COUNTY $400K FUNDING IN STATE lFst�FUNDING -110 $50K -'rt.g r tr; S 1, t "'t "i 'd h,- e C t 0 V ,it i ii,, f"', G.xiik i o s a n d is providing initiaI funding for the set-up or implementation of innovative pilot projects on a small scale. The program will focus on collecting data and performance metrics on the pilot projects in order to assess whether they could be successfully implemented on a wider scale. - 4161,44M - - - __ IN COUNTY $51 K FUNDING *J 0 Ar IN STATE $95& FUNDING g More details can be found on each City's program overview page. Pop-up homeless services center with restrooms, showers, laundry facilities, food, etc. Roommate matching program to identify residents with vacant rooms available for roommates Mobile hygiene program with case management services Emergency COVID Housing Impact Program ("eCHIP") k I d are enrolled in the Green Path Careers Program, a Transition Age Youth (TAY) workforce development pilot program. The program is a collaborative effort between the SGVCOG, the Southern California Regional Energy Network, Hathaway -Sycamores, and the LA County Department of Workforce Development, Aging and Community Services (WDACS) 2 X41_: , te, h I i o g r 'o""'t ot 11,% 0 from the San Gabriel Valley who will be provided: • no -cost home energy audit training • workforce and financial literacy skills • a paid work experience • job application and interview assistance to enter the high-growth energy efficiency field GREEN PATH CAREERS SGVCOG 6% Emerald Cities Five cities are currently developing homelessness response plans. -4 hiii, v have worked with Focus Strategies and have conducted internal and external stakeholder engagement, identified current resources and needs, and developed key goals, supporting actions, and metrics for evaluating success. The plans will be adopted by City Councils in January and February 2021. Key gools'From the five homeless p1mii-is are as follows,-, •0 - , 0 affordable housing development and preservation TIIII 0111 '11' City homelessness response services, including prevention and diversion efforts a1j'i,,,,,(,It,,',, strategies to maximize opportunities in existing rental market to house people experiencing or at -risk of homelessness c ti,', e in ongoing regionaI a n d countywide strategies to develop a more robust regional service delivery system community education on homelessness and resources Tia k%,' 'finwfl kwo% Amvrk -i The Landlord Outreach and Incentive Program will support landlords willing to accept clients who have experienced homelessness and provide financial support to encourage landlord participation for 2 , ,ar i ,.,. I a I""f, e S. G',A, "m ..z v- are coordinating to implement the program. • SGA has conducted outreach to landlords, distributing a survey that received over 100 responses. Based on survey data, program will target individual owners rather than property management companies and will highlight the program as a business opportunity offering stability • SGA will identify potential participating landlords and enroll in program • Union Station will work with those landlords to provide financial incentives to accept tenants experiencing homelessness. The program will soon be available atwith the taghnes Mw , , 14"z _ i "; of' Attachment A SERVI.......... . ... . . . . I . .. .. ..CES �. .... ......... OORDIN� �R�GROM 0 rw, 1 !14 st.. ,1 � U Ia Y y ! I 1. �k�4tt1� you tS �� f tl`it f�jj is SS evaluate, and enhance its programs and projects, as well as strengthen inter -agency communication, program marketing, and community outreach and engagement. The project will do so in two ways: ash a s v4 a I R s > s o . c t'a isn5"b 2 v M a p' • Development and maintenance of a virtual "one-stop shop" resource hub that municipal staff, members of the public, and other stakeholders can use to find resources and information about homelessness and homeless services in the San Gabriel Valley • Include GIS mapping of all service providers and Coordinated Entry System (CES) access points in the region d Meetings • Targeted meetings with cities to determine gaps in services and create action pians • Connect City staff with additional resources and increase coordination with service providers • Leverage existing technology including the "one-stop shop" website, resources, and existing partnerships to promote information -sharing and facilitate shared decision- making 's '.,A ro i ,. a . .,. i 3.1 a_ h� The program will enable the region to continually pian, execute, evaluate, and enhance its programs and projects, as well as strengthen inter -agency communication, program marketing, and community outreach and engagement. The project will do so in two ways: ash a s v4 a I R s > s o . c t'a isn5"b 2 v M a p' • Development and maintenance of a virtual "one-stop shop" resource hub that municipal staff, members of the public, and other stakeholders can use to find resources and information about homelessness and homeless services in the San Gabriel Valley • Include GIS mapping of all service providers and Coordinated Entry System (CES) access points in the region d Meetings • Targeted meetings with cities to determine gaps in services and create action pians • Connect City staff with additional resources and increase coordination with service providers • Leverage existing technology including the "one-stop shop" website, resources, and existing partnerships to promote information -sharing and facilitate shared decision- making 2 OLLTN"K,', CA j F.ls 0 As communities across the country aim to re -imagine public safety and crisis response, the long-standing Eugene, Oregon CAHOOTS (Crisis Assistance Helping Out On The Streets) program has gained national attention. Cities around the country, from Oakland and New York to Denver and Austin, have begun to replicate the CAHOOTS model. Based on regional interest in a mobile crisis response program like CAHOOTS, the SGVCOG will be conducting a study on how such a regional homeless, mental health, and crisis response program could be developed and implemented in the San Gabriel Valley. The project will deeply involve regional stakeholder and community engagement and will produce an actionable implementation plan for the region. CAHOOTS in Eugene, OR t �.e 3 i ti « e sr ; o b e a I, a in ztc,a t,E, b y ,. h e s ibi d7: U i r e .tu s i; ,a, I. I o w S A • What is the existing volume of emergency and non -emergency calls and what percent could be responded to by this type of approach? • How would the program work alongside local police departments, LA County Sheriff's Department, local fire departments, other first responders, emergency communications centers, and mental health service providers (e.g. DMH, Tri -City Mental Health)? • What services could the program provide? (e.g. crisis counseling, housing assistance, suicide prevention, substance abuse support, etc.) • How would the program specifically serve people experiencing homelessness? • Who else is implementing this type of work in the region? In the country? How are they implementing the program? • Are there agencies in the region with the capacity and expertise to implement the program? What qualifications/certifications would be needed of personnel? • How much would the program cost? What are potential funding sources? • What would the potential cost savings be? (e.g. police department costs? emergency medical systems costs, including ambulance. transport and emergency room services?) °°lui w AC it 4 d "g,"', n�x454` if 4!§.,' i I.11,. In May 2020, the SGVCOG received $113,320 of State COVID-19 Emergency Homelessness funds from the County Homeless Initiative to expand hygiene services for people experiencing homelessness. The program launched in June and concluded in August. Participating cities used the funding to add portable toilets and handwashing stations, open public restrooms that had closed, extend public restroom hours, provide mobile showers, and distribute hygiene kits. With remaining funding, SGVCOG staff assembled 2000 hygiene kits and provided them to cities and union Station to distribute. With the closure of so many public spaces due to the pandemic, this program provided increased access to hygiene services mitigating COVID-19 outbreaks in the region's unhoused community. 11,1,E IN FUNDING i13Kl iZr `sera; �tt�k a1}Fkz CITIES SGVCOG staff hygiene kit assembly }7:�":TiF <'�7 T' qtr ?tr. 24 ACCOMPLISHMENTS `}44 new locations with services made available f}'}4 j4�14#14 �t,t }ru new hand soap dispensers installed #t;44 fZtJi f fly r t �` � tj3}# i people provided access to hygiene services per day 4t li al i't t4� st{ t! Fj�EtY t}t pS4L �4�i� �� showers provided l ti }3J' fZtJi f fly r t �` � tj3}# i people provided access to hygiene services per day 4t li al i't t4� st{ �� l hygiene kits distributed '#iU 3� 4�Sti kti 4 t/ f tS tti 4�}; ret,1 s 4 ft4 }�� tr'it t t ttl t"'1", hours of expanded service s f}�,1i4,},l;,�lt Laf 5ttiiL t�z144t�ttii reit }�st ��,.t'tt;j ��}�:.�:t�S4c • Regional Housing Trust • HomeliiN�ess Plan I�N iM mplementation • Sbared Housing Navigator • Prevention and Diversion 3MBERMEM Los Angeles Centers for Alcohol and Drug AbuseCADA) and the City will provide street outreach services and vouchers for overnight stays, transitional housing, or IIMMMMEM�� Funding allocated to shared housing navigator and housing vouchers Officer/ Corporal will participate on the Homeless Outreach Mental Evaluation (HOME) Team along with the Alhambra School District and Union Station to connect people experiencing homelessness to resources. • Regional Housing Trust • Homeless Plan Implementation • Prevention and Diversion • Pilot Program • Landlord Outreach and Incentive • Hygiene Program Union Station housing navigator and City staff to implement program, conduct problem - solving conversations, and determine resources, both financial and non-financial, tot. prevent clients from becoming homeless. e City -dedicated housing navigator through SGVCOG contract with Union Station Homeless Services *Housing vouchers for housing navigator to place clients into housing • Emergency resources (housing, meals, etc.) for City staff to provide people experiencing homelessness • Homeless Education and Liaison Program (HELP) team and Police and Fire Department outreach • Regional Housing Trust • Homeless Plan Implementation • Prevention and Diversion • Landlord Outreach and Incentive • Hygiene Program • Expand existing City Library Neighborhood Connections program and create a housing displacement response plan, including creating an application process and eligibility requirements and tracking services provided and the outcomes. Expand the Neighborhood Connections program to March 2022 to provide food, clothing, hygiene supplies, and other basic needs, conduct care coordination screening and provide problem solving -solving assistance. o Goal to enroll 75 unduplicated and 200 duplicated individuals or family rviembers • Homeless Assistance Liaison Officer (HALO) and Code Enforcement outreach to provide resource guides and referrals to case management services. ENROLLED IN: • Regional Housing Trust • Homeless Plan Implementation • Sbared Housing Navigation • Prevention and Diversion • Green Path Career Pilot Program • Landlord Oureas b and Incentive • Hygiene Program 1: E Funding allocated to shared housing navigator and housing vouchers Funding allocated to prevention, diversion, and rapid rehousing program • Emergency housing response program under the Baldwin Park Housing Division and Recreation and Community Services to support individuals and families who are newly homeless or are at risk of becoming homeless by providing rental and mortgage assistance • Focus on strategies to assist lower-income households in gaining self-sufficiency • Focus on specific populations, such as highly vulnerable populations who experience homelessness at higher rates, and those affected by emergency situations such as the COVID-19 pandemic that have resulted in a loss of income • Regional Housing Trust • Homeless Plan implementation • Prevention and Diversion • Pilot Program • Landlord Outreach and Incentive • Hygiene Program • Secure family rooms at Inland Valley Hope Partners' (IVHP) Our House Family Shelter in Pomona • Coordinate with IVHP to provide services such as weekly case management, life skills classes, psychosocial counseling, and weekly support groups • Supplement City's existing Senior Case Management Program is provides senior residents and families at risk of homelessness with comprehensive resources for social services.. A 1 0 MA • 0 , • Engage landlords and homeowners to create a network of vacant rentals within city boundaries • Engage tenants and develop a roommate matching process • House individuals, execute tenant -roommate contracts, and execute tenant -NPO contracts • Regional Housing Trust • Homeless Plan Implementation • Prevention and Diversion • Pilot Program • Landlord Outreacb and Incentive Support YWCA's Women in Need Growing Strong (WINGS) program to house women and children escaping domestic violence • Support 29:11 to sustain and expand their food bank that provide meals to homeless and at - risk individuals Prevent 3-4 families from becoming homeless and rapidly rehouse 4 families and 7 individuals experiencing homelessness Develop bicycle outreach program to hel-,r. make officers more approachable • Assist low-income eligible residents who need utility bill and financial assistance due to a temporary set-back/crisis (e.g. termination from employer, furlough/reduction in hours/pay, illness/disability, unexpected family emergency, eviction notice, etc.) Provide funding to Support Solutions to purchase a used truck to tow mobile showers to service areas within the City Fund an on-site case manager to assist those accessina mobile shower, connecting rindividuals to s faealth support, jorm M"I housing, mental training, and other Ntmfr'� • Regional Housing Trust • HomII eless Plan Development • Landlord III l Outreacb and Ineentil 0 E01 �, 1:14 **V:j W"I 10 PIATA4 IM a �, 14 Z I • Conducted internal and external stakeholder engagement to assess current resources and needs. interviews and input sessions were held with City staff members, County homelessness response system leaders, and non-profit and faith -based service providers. • The following key findings emerged through the stakeholder engagement process: • lack of available, accessible homelessness response resources • insufficient supply of affordable housing • City staff identified key goals to respond to these key findings and concerns related to homelessness and align with broader regional system strategies and efforts • City staff will of study session with City Council in February to review plan and will bring plan to Council for adoption in early March mnid�Ke • Regional Housing Trust • Homeless Plan implementation • Prevention and Diversion • Green Path Career Pilot Program • Landlord Outreach and Incentive • Hygiene Program JAAW:112111011 W_,3a0A_01VA4W*J1L0]V_ Union Station housing • and City staff to implement program, conduct problem - solving conversations, and determine resources, both financial and non-financial, ts prevent clients from becoming homeless. • Duarte Public Safety Outreach Coordinator to connect those experiencing homelessness by building street -level relationships.. • Housing rights assistance by providing housing counseling for both tenants and landlords. • Provide portable bathroom and handwashing facility for at -risk and vulnerable homeless persons. ENROLLED IN: • Regional Housing Trust • Homeless Plan Implementation • Prevention and Diversion • Landlord Outreach and Incentive • Hygiene Program Implement a prevention, diversion, and rapid rehousing program that incorporates problem -solving conversations with clients in order to develop an approach towards • clients from falling into homelessness or minimizing the amount of time from which clients are facing homelessness. HOMELESS PLAN IMPLEMENTATION • Utilize Police Department's TOUCH (Transient Outreach Using Community Hands) Team to conduct outreach to connect homeless population to resources and temporary housing. • Partner with TriCity Homelessness Cohort to implement the City's homeless plan, including developing a communications implementation plan, and developing and administering surveys to identify core principles. Las "UU` • Regional Housing Trust • Homeless Plan Implementation • Prevention and Diversion • Landlord Outreach and Incentil Implement a prevention, diversion, and rapid P1 rehousing program that incorporate RRs problem -solving conversations with clients in order to develop an approach towardsat preventinfy clients from falling into homelessness or minimizing the amount of time from which clients are facing homelessness. e Homeless Outreach Services. Teams and ths� Community Impact Team provide outreach to the City's homeless population by providing assistance, including motel vouchers, hygiene kits, clothing, shoes, food, and gift cards. e Partner with Glendora Unified and Charter Oak School Districts to help identify families and youth experiencing homelessness or at - risk of homelessness. • Regional Housing Trust • Homeless Plan implementation -, Prevention and Diversion • Green Patb Career Pilot Progra • Landlord outreaeb and Incentil, Union Station housing navigator and city staff to implement program, conduct problem - solving conversations, and determine resources, both financial and non-financial, to prevent clients from becoming homeless. in PI 7A 1:14 **V:j WI -11 Z 0 17, W 4:1 7A 1:1 Ll k F-111 d INVI • Outreach by Irwindale Police Department Homeless Outreach Coordinator to connect those experiencing homelessness to the cities' Union Station Housing Navigators and LAHSA, in addition to other direct services, such as motel vouchers. • Housing rights assistance by providing housing counseling for both tenants and landlords. 13 1211- "I"a—u • Participate inthe Shared Housing Navigator program by providing input and support to the assigned housing navigator as needed. City will receive an allocation of housing vouchers that will be used be the housing navigator to house homeless clients within the City. • Direct resources for Sheriff's Department to provide to people experiencing homelessness, including housing or motel vouchers, food, and other services. PREVENTION AND DIVERSION Union Station housing navigator will implement a prevention and diversion program in the City ENROLLED IN: • Homeless Plan Implementation • Shared Housing Navigation • Prevention and Diversion • Participate inthe Shared Housing Navigator program by providing input and support to the assigned housing navigator as needed. City will receive an allocation of housing vouchers that will be used be the housing navigator to house homeless clients within the City. • Direct resources for Sheriff's Department to provide to people experiencing homelessness, including housing or motel vouchers, food, and other services. PREVENTION AND DIVERSION Union Station housing navigator will implement a prevention and diversion program in the City • Regional Housing Trust • Homeless Plan Implementation • Sbared Housing Navigation • Prevention and Diversion • Green Patb Career Pilot Progra • Landlord Outreacb and Incentil J "'AAMI 0 19 11010 W21 0 1 IN 03 LM1Fj:1 M11401 "Lol lz� • Union Station housing navigator will provide rapid re -housing, prevention, and diversion interventions, and case management for La Verne residents at risk of homelessness. • Goal of serving 6 households under the rapid re -housing program, 16 households under the prevention and diversion rental/deposit interventions, and 40 households under the prevention and diversion low-cost interventions. • Regional Housing Trust • Homeless Plan implementation • Prevention and Diversion • Pilot Program • Landlord Outreach and Incentive • Hygiene Program Monrovia Homeless Outreach Team works with individuals experiencing homelessness to share information on local resources and services available Develop fundraising and public awareness campaign to benefit the Foothill Unity Center Supplement City's existing Housing Displacement Response Program (HDRP) I: j I I [Q I M: A A [01 Rj Al' I if, N WT41 ! I I � • Emergency COVID Housing Impact Program ("eCHIP") meets the immediate needs of residents who would face homelessness if intervention is not provided • Utilizes existing HDRP advocates to administer necessary funds to residents, verify eligibility, and work through available financial relief options • Tracks residents to ensure long term stability and housing retention. Success will be measured through metrics such as eviction avoidance, number of families receiving direct support, number of school -aged children who avoided housing displacement, among other metrics. ENROLLED IN: HOMELESS PLAN IMPLEMENTATION ® Regional Housing Trust *Launch the Montebello Community Assistance ® Homeless Plan Implementation Program (MCAP) within the fire department ® Prevention and Diversion * Conduct mental health training for all fire personnel ® Landlord Outreacb and Incentive - Develop a Dashboard to End Homelessness to collect and analyze data to better identify outreach PREVENTION AND DIVERSION locations, improve outreach response times, increase communication among providers, evaluate the Montebello Community Assistance success of adopted strategies, and drive the City's Program (MCAP) will implement the strategic planning efforts program, conduct problem solving - Create partnerships with organizations that provide conversations, determine eligibility housing, homeless services, behavioral and other requirements, execute tenant -landlord types of services that support those impacted by agreements, and provide rental and homelessness other financial assistance * Create a "Hub" or "One -Stop" model for homeless services that will be client driven • Homeless Plan Development • Prevention Diversion 1 Utilize existing Community Service Bureau Problem oriented i officers clientsidentify conduct problem conversations, and provide assistance • .Conducted stakeholder engagement with members of multiple city departments, elected officials, business leaders, and community and non-profit service providers to assess current resources and needs • The following key findings emerged through the stakeholder engagement process: o increases in homelessness o public health and safety concerns o lack of affordable housing • City staff identified key goals and strategies to respond to these key findings and concerns • City will bring plan to Council for adoption in February or March 2021 • Regional Housing Trust • Homeless Plan implementation • Prevention and Diversion Volunteers of America Los Angeles (VOALA) at the Hope for Home (H4H) Homeless Services Center will implement program using the problem solving model and approach. • Police Officers connect individuals tote Hope for Home Access Center to help individuals to gain initial access tote Coordinated Entry System. • Provide support to Neighborhood Legal Services Los Angeles to improve the availability of legal services to residents experiencing homelessness or at risk of homelessness by providing legal help for tenants in eviction proceedings. r Homeless Plan Development Prevention and Diversion • Eviction Prevention Program for renters in the City who 0 not qualify or receive any other form of financial or housing subsidies, a o are met with imminent eviction due to a crisis • Conducted stakeholder engagement with elected officials, city staff members, homelessness response service provider agencies, community groups, and residents to assess current resources and needs • The following key findings emerged through the stakeholder engagement process: o increases in homelessness o public health and safety concerns o lack of available, accessible homelessness response services and resources o lack of affordable housing • City staff identified key goals and strategies to respond to these key findings and concerns • Council will consider adoption in January 2021 ....... .. ENROLLED IN: • Prevention and Diversion • Homeless Plan Implementation • Landlord Outreacb and Incentive PREVENTION AND DIVERSION Implement a prevention, diversion, and rapid rehousing program that incorporates problem -solving conversations with clients in order to develop an approach towards preventing clients from falling into homelessness or minimizing the amount of time from which clients are facing homelessness. ii I I M F*JW_X! 1 � 111 '' 114NHFMMM� •offer an Emergency Rental Assistance Program designed to assist eligible residents, impacted by the COVIN -19 Pandemic in hope of providing assistance to avoid homelessness. �Mll- 11J" " ALM" NE • Regional Housing Trust • Homeless Plan Development • Landlord Outreach and Incentive • Hygiene Program • Conducted internal and external stakeholder engagement with elected officials, City staff members, homelessness response service provider agencies, community groups, and residents to assess current resources and needs. • The following key findings emerged through the stakeholder engagement process: • lack of available, accessible homelessness response services and resources • public health and safety concerns • lack of affordable housing • City staff identified key goals and strategies to respond to these key findings and concerns • City will bring plan to council for adoption in January 2021 Regional Housing Trust Landlord Outreacb and Incentil Homeless Plan Implementation Prevention and Diversion • Conducting a land use analysis to facilitate affordable and supportive housing. • Law enforcement will receive training on mental health issues and will coordinate with the Department of Mental Health Expanding existing prevention and diversion program to offer rental assistance and other resources Nnt-,Ith Vncrtd Anr • Regional Housing Trust • Shared Housing Navigator • Homeless Plan Implementation • Prevention and Diversion • Hygiene Program • are Housing Navigator will have six rapid re -housing vouchers dedicated to South Pasadena. • Law enforcement will provide referrals to community resources. • The City will conduct a public outreach campaign with educational videos and workshops about homelessness. • Portable bathroom and hygiene facilities will be added. MINIM Erel I Existing Union Station Housing Navigator will provide financial assistance to those at risk of homelessness. MMEM Conducted internal and external stakeholder engagement with elected officials, City staff members, homelessness response service provider agencies, community groups, and residents to assess current resources and needs • The following key findings emerged through the stakeholder engagement process: • lack of available, accessible homelessness response services • public health and safety concerns • insufficient supply of affordable housing City staff identified key goals and strategies to respond to these key findings and concerns City will bring plan to Council for adoption in February 2021 • Regional Housing Trust • Sbarequi Housing Navigator • Workforce Development Pilot • Landlord Outreacband Incenti • Homeless Plan e i�� Ili �i� IImM, I t t,, • Prevention and Diversion I • Shared Housing Navigator will have four rapid re- housing vouchers dedicated to West Covina • Law enforcement will provide referrals to housing navigation and other resources *Existing Union Station Housing Navigator will provide financial assistance to those at risk of homelessness o Motel vouchers can act as "bridge housing" for MM= ITEM NO. 13 STAFF REPORT TO: Honorable Mayor and Members ofthe City Council o�,ray, uor FROM: Manuel Carrillo Jr., Director of Recreation & Community Services h"EL DATE: February 17, 2021 " SUBJECT: Approval to Enter into an Agreement between the City of Baldwin JA93U Park & LeSar Development Consultants under the (individual city) 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 & LeSar Development Consultants (LDC), a consulting firm that provides strategic advisory services and technical assistance to a wide variety of clients on housing policy, housing and community development, and homelessness crisis response planning; with the scope of work for Homeless Implementation Plan activities not to exceed $205,800.00 under the Measure H Cities Homeless Implementation Grant. RECOMMENDATION Staff recommends that the City Council to: 1). Approve the Service Agreement between the City of Baldwin Park & LeSar Development Consultants (LDC) to implement the Measure H Grant Funds for following line items (Consultant/Vendor, Hotel/Motel Conversion, ADU Ordinance Study, GIS Mapping for Land Use, Inclusionary Zoning, and Scatter Site Housing); and 2). Authorize the Chief Executive Officer to Execute the Service Agreement between the City of Baldwin Park & LeSar Development Consultants (LDC); 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. 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 $205,800.00. BACKGROUND On January 15, 2020, the County of Los Angeles approved the grant agreement for the Baldwin Park 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 has selected LeSar Development Consultants (LDC), a County vetted service provider in Service Planning Area (3) and across the County of Los Angeles to provide technical assistance services to the City of Baldwin Park for the City's Homeless Implementation Plan activities to increase the supply of supportive and interim housing for people experiencing homelessness for a total project cost of $205,800.00. The City of Baldwin Park (micro -level) will focus on combatting homelessness by focusing on the grant priority area 1, and the 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 Baldwin Park Homeless Plan Goals: • 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 To access funding, the City of Baldwin Park was required to submit a scope of work for activities under Priority Area 1: Increase the supply of supportive and interim housing for people experiencing homelessness at a micro level that outlined the proposed activities, approach, and budget; and upon submittal of the proposal, to execute a service agreement with LeSar Development Consultants (LDC), which defines the programs and activities to be completed. An overview of the activities and programs included in the Baldwin Park scope of work including (Consultant/Vendor, Hotel/Motel Conversion, ADU Ordinance Study, GIS Mapping for Land Use, Inclusionary Zoning, and Scatter Site Housing) can be found below which will be completed with this funding: Service Delivery Overview: Priority Area 1: The City of Baldwin Park will secure technical assistance and consulting services to support a land assessment and feasibility study, and will include the following objectives: • Develop and implement land acquisition strategies that will result in an increase in supportive housing supply • Implement land use/zoning changes to reduce barriers to interim and permanent housing • Achieve city compliance with CA Senate Bill 2 • Implement city policy changes that result in changes to increase the housing supply The City, with the combination of City staff and consulting/technical services will build upon efforts included as part of multi -jurisdictional proposal with the Cities of EI Monte and South EI Monte and expand the scope of work to include a much more substantive research and analysis, which will include community engagement, development of educational materials, and outreach, to address the following opportunities: 1. ADU Ordinance: Baldwin Park updated its Accessory Dwelling Unit (ADU) ordinance last year to align with State law but left it open to consider additional amendments related to reducing permit fees and providing other incentives, such as a subsidy to property owners who commit to renting to homeless individuals/households or voucher holder. Grant funding will be used to assess the feasibility of enhancing or making additional changes to the City's ADU ordinance to expand housing resources in the City. 2. Hotel/Motel Conversion: The City will assess whether any local hotels/motels could be converted to housing for people experiencing homelessness. 3. Vacant or Underutilized Public and Private Land: The City will identify vacant or underutilized public land that could be used for affordable/supportive housing. This includes City, County, and Caltrans property. 4. Scattered Site Housing: The City will investigate the Scattered Site Housing, a housing development approach that can meet the needs of seniors and families with low -to -moderate incomes. Affordable housing developments can be used as a community revitalization tool, especially when units are built on scattered sites throughout the community. 5. Inclusionary Zoning/In-Lieu Fees: The City will develop and implement guidance on best practices for maximizing affordable units on sites, including recommendations about opportunities associated inclusionary housing, in lieu fees, up -zoning, and reduced parking requirements. The above referenced Priority Area 1 projects support the goals of the City of Baldwin Park and addresses the following HI strategies • Strategy F6, Using Public Land for Homeless Housing • Strategy F7, Preserve current affordable housing and promote the development of affordable housing for homeless families and individuals • Strategy F4, Development of Second Dwelling Unit Pilot Program • Strategy E8, Enhance the Emergency Shelter System. ALTERNATIVES The alternative would be to not enter into the Service Agreement with LeSar Development Consultants (LDC). 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 and LeSar Development Consultants (LDC) to implement the City of Baldwin Park's Homeless Implementation Grant. 2). Attachment #2, Contract between City of Baldwin Park (AO -20-609) and Los Angeles County Measure H Homeless Implementation Grant. 3). Proof of Insurance for LeSar Development Consultants (LDC). Is] 11W(612 7_1411TiT1111J\ lIN PROFESSIONAL SERVICES AGREEMENT WITH LESAR DEVELOPMENT CONSULTANTS FOR CITY OF BALDWIN PARK HOMELESS IMPLEMENTATION PLAN ACTIVITIES THIS AGREEMENT is made and entered into this 17th day of February, 2021 ("Effective Date"), by and between the CITY OF BALDWIN PARK, a municipal corporation ("City"), and "LeSar Development Consultants", a California Corporation ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to City to provide Baldwin Park Homeless Implementation Plan Activities, 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 familiar with all laws that may affect its performance of this Agreement and shall advise -1- 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 City. 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 by law. All City data shall be returned to City upon the termination of this Agreement. -2- 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. N11W0ZO],Til»kI6Y_1VIIN7klIt\ii17 I"h1 r 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 Two -Hundred and Five Thousand Eight -Hundred Dollars ($205,800.00). 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 Agreement. -3- 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 ten (10) 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: a. Be adjudged a bankrupt; -4- 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. 5.1. 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 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. -5- (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 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. -6- (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. 6.0. GENERAL PROVISIONS 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 -7- 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 CONSULTANT: LeSar Development Consultants 404 Euclid Ave., Suite 212 San Diego, CA 92114 Tel: (619) 236-0612 Email: ops@lesardevelopment.com IF TO CITY: City of Baldwin Park 14403 E. Pacific Ave. Baldwin Park, CA 91706 Tel: (626) 813-5204 Email: syauchzee@baldwinpark.com 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 -8- 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. Assignment. 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 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 u 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 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 -10- 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. 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. M 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 the Internal Revenue Service. -12- [SIGNATURE PAGE FOLLOWS] -13- 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 CONSULTANT Jennifer LeSar President and CEO LeSar Development Consultants ATTEST: Marlene Garcia City Clerk APPROVED AS TO FORM: Robert A. Tafoya City Attorney -14- Date: Date: EXHIBIT A SCOPE OF SERVICES LeSar Development Consultants will provide technical assistance services to the City of Baldwin Park for the City's Homeless Implementation Plan activities to increase the supply of supportive and interim housing for people experiencing homelessness for a total project cost of $205,800.00. Service Delivery Overview: Baldwin Park, through its Department of Parks and Recreation and Community Services will achieve its vision in partnership with the San Gabriel Valley (SGV) Council of Governments (CoG), and the HI, with whom planning work is already underway. The proposed project is a result of discussion between city leadership and stakeholders, and supports the city's goals and objectives as described below: • 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 • Create Shelter Options in the City • Create New Affordable/Supportive Housing Objectives and Program Description: Priority Area I - Increase the supply of supportive and interim housing for people experiencing homelessness Priority Area 1: The City of Baldwin Park will secure technical assistance and consulting services to support a land assessment and feasibility study, and will include the following objectives: • Develop and implement land acquisition strategies that will result in an increase in supportive housing supply • Implement land use/zoning changes to reduce barriers to interim and permanent housing • Achieve city compliance with CA Senate Bill 2 • Implement city policy changes that result in changes to increase the housing supply The City, with the combination of City staff and consulting/technical services will build upon efforts included as part of multi -jurisdictional proposal with the Cities of EI Monte and South EI Monte and expand the scope of work to include a much more substantive research and analysis, which will include community engagement, development of educational materials, and outreach, to address the following opportunities: -15- 1. ADU Ordinance: Baldwin Park updated its Accessory Dwelling Unit (ADU) ordinance last year to align with State law but left it open to consider additional amendments related to reducing permit fees and providing other incentives, such as a subsidy to property owners who commit to renting to homeless individuals/households or voucher holder. Grant funding will be used to assess the feasibility of enhancing or making additional changes to the City's ADU ordinance to expand housing resources in the City. 2. Hotel/Motel Conversion: The City will assess whether any local hotels/motels could be converted to housing for people experiencing homelessness. 3. Vacant or Underutilized Public and Private Land: The City will identify vacant or underutilized public land that could be used for affordable/supportive housing. This includes City, County, and Caltrans property. 4. Scattered Site Housing: The City will investigate the Scattered Site Housing, a housing development approach that can meet the needs of seniors and families with low -to -moderate incomes. Affordable housing developments can be used as a community revitalization tool, especially when units are built on scattered sites throughout the community. 5. Inclusionary Zoning/In-Lieu Fees: The City will develop and implement guidance on best practices for maximizing affordable units on sites, including recommendations about opportunities associated inclusionary housing, in lieu fees, up -zoning, and reduced parking requirements. The above referenced Priority Area 1 projects support the goals of the City of Baldwin Park and addresses the following HI strategies • Strategy F6, Using Public Land for Homeless Housing • Strategy F7, Preserve current affordable housing and promote the development of affordable housing for homeless families and individuals • Strategy F4, Development of Second Dwelling Unit Pilot Program • Strategy E8, Enhance the Emergency Shelter System. Firm Qualifications LeSar Development Consultants (LDC) is a mission -driven consulting firm that provides strategic advisory services and technical assistance to a wide variety of clients on housing policy, housing and community development, and homelessness crisis response planning and strategy. LDC specializes in working with public, private, nonprofit, and philanthropic sector leaders to address complex public policy and planning issues with innovative and pragmatic solutions that support the development of physically, economically, and environmentally resilient communities. With our team's diverse expertise—which ranges from banking and real estate development to public sector and nonprofit management and strategic communications—we excel at aligning diverse interests to invest in large-scale, lasting social change. Founded in 2005 by -16- Jennifer LeSar, LDC is a certified W/SBE with offices in San Diego, Los Angeles, and the Bay Area. LDC is uniquely positioned to assist the City of Baldwin Park in implementing its homelessness plan. In 2018, LDC facilitated homelessness planning for 17 cities in the San Gabriel Valley, including the City of Baldwin Park, as well as the cities of Burbank, Culver City, and Norwalk. Activities included in-depth conversations with city officials, stakeholder interviews, and extensive community engagement on the opportunities and benefits of aligning local plans with best practices and federal, state, and County Homeless Initiative policy and funding priorities. The Baldwin Park City Council approved their plans in Fall 2018. In addition, LDC has a long history of assisting cities statewide in developing and implementing land use and housing policy to address the housing affordability crisis and prevent and end homelessness. Since the firm was founded in 2005, LDC has worked with more than 50 public agencies and municipal governments to conduct analyses to align local laws, ordinances, regulations, and programs with federal and state laws as well as funding priorities and best practice research. LeSar Development Consultants will provide the following services to the City of Baldwin Park: • ADU Ordinance Implementation- Baldwin Park updated its Accessory Dwelling Unit (ADU) ordinance last year to align with state law, and the City is currently drafting a new ordinance to accommodate additional requirements by state law. Of particular interest are incentive programs that commit to affordability restrictions, targetting ADUs for renting to homeless individuals/households or voucher holders. Additional funding is targeted to develop an educational program. Proposed activites are as follows: Activity Funding Amount: Conduct a review of ADU incentive programs $10,000 that aim to address homelessness in other jurisdictions. Consider, for example, the role of permit fees, loan programs, and other incentives to promote ADUs to be used for people at risk of or experiencing homelessness. Possible jurisidictions include: LA County, City of LA, Portland, Santa Cruz, Napa and Pasadena Meet with the Baldwin Park Planning $5,000 Department and Housing Authority to discuss potential incentives to develop alongside the ADU ordinance, then draft policies that can be aligned across jurisdictions. -17- Educational program around ADU $5,000 development, finance sources, equity issues, Baldwin including recording to post online Park Totals: $20,000 • Hotel/Motel Conversion -The City of Baldwin Park is interested in exploring whether any local hotels/motels could be converted to housing for people experiencing homelessness. Proposed activities are as follows: Activity Funding by Baldwin Park Develop a list of hotels/motels located within City boundaries. $2,500 Determine whether any existing hotels/motels are viable candidates for $7,500 conversion based on current utilization, analysis of current and potential proposed zoning, and alignment with the Housing Element. Develop specific Goal(s) and Policies to include in Housing Element update. Prepare a report with best practices and recommendations around $10,000 acquisition, and present at leadership meeting. Totals: $20,000 Vacant or Underutilized Public and Private Land -The City plan includes a goal related to identifying vacant or underutilized public land that could be used for affordable/supportive housing. This includes City, County, CalTrans, and other public - agency owned property. Proposed activities are as follows: Activity Funding by Baldwin Park Develop a list of publicly -owned vacant and underutilized land with an $40,800 emphasis on parcels close to transit and other amenities that would make them potentially suitable for housing development. This would include meetings with City staff and site visits, as well as an online GIS map of about to identified parcels High level study and analysis of best practices around acquisition and utilizing $15,000 publicly owned land, including partnerships across agencies. Housing policy academy aimed at fostering community support and building $30,000 capacity for further engagement with developing affordable housing development on vacant/underutilized public land and other strategies to promote homelessness housing. Building on 36o Stakeholder Process. (Optional) Work with an architectural firm to perform high-level site and $30,000 -18- Activity Funding by Review best practices around building a Baldwin scattered site affordable housing program, Park building assessment, as well as site master planning, concept design, and $30,000 programmatic design, for up to three highest -priority sites. Totals: $115,800 Scattered Site Housing_ Program Research scattered site housing programs to determine if this is a feasible housing development approach for the city. Research findings will be shared with EI Monte and South El Monte. Activity Funding by Baldwin Park Review best practices around building a $30,000 scattered site affordable housing program, $115,800 particularly aimed at housing for families, $30,000 domestic violence victims, and college students at risk of homelessness. Inclusionary zoning Initial financial analysison an inclusionary housing ordinance in Baldwin Park to determine if this is a feasible approach for the city. Activity Funding by Baldwin Park Prepare guidance on best practices for $15,000 maximizing affordable units on sites, $115,800 including recommendations about $30,000 opportunities associated with inclusionary housing. This would include an initial financial analysis of the viability of an inclusionary housing ordinance in Baldwin Park. Study session with Baldwin Park Planning $5,000 Commission and City Council to provide an overview of inclusionary zoning findings and analysis. Total: $20,000 Funding Summary- Contract Between County of Los Angeles and Citv of Baldwin Park (AO -1q-6) ADU Ordinance $20,000 Hotel/Motel Conversion $20,000 Vacant or Underutilized Public and Private Land $115,800 Scattered Site Housing Program $30,000 -19- Inclusionary Zoning $20,000 Total funding by source $205,800 -20- EXHIBIT B FEE SCHEDULE LeSarDevelopment Consultants will provide technical assistance services Nthe City of Baldwin Park for the City's Homeless Implementation Plan activities to increase the supply of supportive and interim housing for people experiencing homelessness for a total project not to exceed $205,800.00. -21- 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 SurrenderedBaby Law............................................................................ 21 8.14 Contractor's Warranty of Adherence to County's Child Support ComplianceProgram............................................................................... 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 Page ii 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 8.42 Termination for Breach of Warranty to Maintain Compliance with County's Child Support Compliance Program .......................................... Termination for Convenience ................................................................... 40 41 8.43 Termination for Default ............................................................................ 41 8.44 8.45 Termination for Improper Consideration .................................................. Termination for Insolvency ....................................................................... 43 43 8.46 Termination for Non -Adherence of County Lobbyist Ordinance ............... 44 8.47 8.48 Termination for Non -Appropriation of Funds ............................................ Validity ..................................................................................................... 44 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 9.1 ................................................................ Contractor Protection of Electronic County Information ........................47 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 FOR CITY PLANNING GRANTS — YEAR 2 IMPLEMENTATION OF CITIES HOMELESSNESS PLANS This Contract is entered into this qday of Ac 2020, by and between the County of Los Angeles (hereafter "County") and City of Baldwin Park (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 Implementation Homelessness Plan - CPG Y2 Page 1 AO -20-609 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 $300,000 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 - Safely Surrendered Baby Law 1.9 Exhibit I - Compliance with Fair Chance Employment Practices Certification Implementation Homelessness Plan - CPG Y2 Page 2 AO -20-609 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 Implementation Homelessness Plan - CPG Y2 Page 3 AO -20-609 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 Implementation Homelessness Plan - CPG Y2 Page 4 AO -20-609 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. Implementation Homelessness Plan - CPG Y2 Page 5 AO -20-609 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 Implementation Homelessness Plan - CPG Y2 Page 6 AO -20-609 Los Angeles, CA 90012 hiadmin(cD-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. Implementation Homelessness Plan - CPG Y2 Page 7 AO -20-609 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. Implementation Homelessness Plan - CPG Y2 Page 8 AO -20-609 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 Implementation Homelessness Plan - CPG Y2 Page 9 AO -20-609 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, Implementation Homelessness Plan - CPG Y2 Page 10 AO -20-609 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 Implementation Homelessness Plan - CPG Y2 Page 11 AO -20-609 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 Implementation Homelessness Plan - CPG Y2 Page 12 AO -20-609 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. Implementation Homelessness Plan - CPG Y2 Page 13 AO -20-609 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 Implementation Homelessness Plan - CPG Y2 Page 14 AO -20-609 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. Implementation Homelessness Plan - CPG Y2 Page 15 AO -20-609 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 Implementation Homelessness Plan - CPG Y2 Page 16 AO -20-609 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 Implementation Homelessness Plan - CPG Y2 Page 17 AO -20-609 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. Implementation Homelessness Plan - CPG Y2 Page 18 AO -20-609 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, Implementation Homelessness Plan - CPG Y2 Page 19 AO -20-609 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 Implementation Homelessness Plan - CPG Y2 Page 20 AO -20-609 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. 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. subcontractors of Contractor 'hese terms shall also apply_ to subcontractors of County ontractors. Ws Acknowledgement of County's Commitment to irrendered Baby Law contractor acknowledges that the County places a high )rity on the implementation of the Safely Surrendered Baby nr. The contractor understands that it is the County's policy encourage all County contractors to voluntarily post the unty's "Safely Surrendered Baby Law" poster, in Exhibit H, a prominent position at the contractor's place of business. contractor will also encourage its subcontractors, if any, post this poster in a prominent position in the )contractor's place of business. Information and posters printing are available at www.babysafela.org. Ws Warranty of Adherence to County's Child Support ice Program he contractor acknowledges that the County has stablished a goal of ensuring that all individuals who enefit financially from the County through contracts are in ompliance with their court-ordered child, family and pousal support obligations in order to mitigate the conomic burden otherwise imposed upon the County and s taxpayers. ?Ian - CPG Y2 Page 21 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. Implementation Homelessness Plan - CPG Y2 Page 23 AO -20-609 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, Implementation Homelessness Plan - CPG Y2 Page 24 AO -20-609 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 Implementation Homelessness Plan - CPG Y2 Page 25 AO -20-609 "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 Implementation Homelessness Plan - CPG Y2 Page 26 AO -20-609 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 hiadmino_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. Implementation Homelessness Plan - CPG Y2 Page 27 AO -20-609 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. Implementation Homelessness Plan - CPG Y2 Page 28 AO -20-609 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. Implementation Homelessness Plan - CPG Y2 Page 29 AO -20-609 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 Implementation Homelessness Plan - CPG Y2 Page 30 AO -20-609 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 Implementation Homelessness Plan - CPG Y2 Page 31 AO -20-609 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. Implementation Homelessness Plan - CPG Y2 Page 32 AO -20-609 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. Implementation Homelessness Plan - CPG Y2 Page 33 AO -20-609 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. Implementation Homelessness Plan - CPG Y2 Page 34 AO -20-609 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. Implementation Homelessness Plan - CPG Y2 Page 35 AO -20-609 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 County 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 Implementation Homelessness Plan - CPG Y2 Page 36 AO -20-609 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, Implementation Homelessness Plan - CPG Y2 Page 37 AO -20-609 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 Implementation Homelessness Plan - CPG Y2 Page 38 AO -20-609 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 Implementation Homelessness Plan - CPG Y2 Page 39 AO -20-609 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 Implementation Homelessness Plan - CPG Y2 Page 40 AO -20-609 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 Implementation Homelessness Plan - CPG Y2 Page 41 AO -20-609 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 Implementation Homelessness Plan - CPG Y2 Page 42 AO -20-609 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 Implementation Homelessness Plan - CPG Y2 Page 43 AO -20-609 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 -20-609 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 -20-609 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 -20-609 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 breach, County may, in its sole discretion, terminate the Contract, The contractor acknowledges that the County takes its commitment to preserving the dignity and professionalism of the workplace very seriously, as set forth in the County Policy of Equity (CPOE) (htti)s://ceor),Iacgogugnly,go�L/). The contractor further acknowledges that the County strives to provide a workplace free from discrimination, harassment, retaliation and inappropriate conduct based on a protected characteristic, and which may violate the CPOE. The contractor, its employees and subcontractors acknowledge and certify receipt and understanding of the CPOE. Failure of the contractor, its employees or its subcontractors to uphold the County's expectations of a workplace free from harassment and discrimination, including inappropriate conduct based on a protected characteristic, may subject the contractor to termination of contractual agreements as well as civil liability. 9.1.1 Data Encryption Contractor and subcontractors that electronically transmit or store personal information (PI), protected health information (PHI) and/or medical information (MI) shall comply with the 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). 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, wearables, 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 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 officers, employees, or agents, to any patient medical records/patient information. Accordingly, Contractor shall instruct its officers, Implementation Homelessness Plan - CPG Y2 Page 48 AO -20-609 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 -20-609 IN WITNESS WHEREOF, County has caused this Contract to be executed by its Chief Executive Officer. Contractor has caused this Contract to be executed by its duly authorized representative. COUNTY OF LOS ANGELES SA I A. I CHIEF EXECUTIVE OFFICER 0 III l02INFAMIN ILI I Am HIM Implementation Homelessness Plan - CPG Y2 AO -19 - a MEMORRMUMM Page 50 STATEMENT OF WORK City of Baldwin Park City Homelessness Plan Implementation Grant Section (.Overview EXHIBIT A 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 City of Baldwin Park has a homeless count of 289 individuals and family members. The City of Baldwin Park's long-term vision is to create a system change and set in place efficiencies through policies and programs that will align with the County's. The City's five- year homeless plan sets the course for the city to further address the needs of its homeless residents and those who are at risk of homelessness, as well as to participate in regional solutions. Specifically, the work that will be done as part of the multi jurisdictional proposal with the cities of EI Monte and South EI Monte will support city efforts to coordinate and increase the capacity of existing programs and services, increase and better coordinate outreach and engagement activities, educate and build community support for homelessness best practices, and pursue resources that align with the goals set forth in the City's Homeless Plan, including increasing the number of shelter beds and affordable housing units within the city. Since the completion of its homeless plan in 2018, the City of Baldwin Park has been working to combat homelessness and has developed a plan to: 1) increase the supply of supportive and interim housing for people experiencing homelessness in their city; and 2) enhance the availability and access to homeless services in the city to prevent and combat homelessness (through multi -jurisdictional proposal). Baldwin Park, through its Department of Parks and Recreation and Community Services will achieve its vision in partnership with the San Gabriel Valley (SGV) Council of Governments (CoG), and the HI, with whom planning work is already underway. The proposed project is a result of discussion between city leadership and stakeholders, and supports the city's goals and objectives as described below: • 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 • Create Shelter Options in the City • Create New Affordable/Supportive Housing Section 11. Objectives and Program Description Please check all that apply: ❑x Priority Area 1 - Increase the supply of supportive and interim housing for people experiencing homelessness ❑ Priority Area 2 - Enhance the effectiveness of County service systems for those experiencing and/or at -risk of homelessness. Priority Area 1: The City of Baldwin Park will secure technical assistance and consulting services to support a land assessment and feasibility study, and will include the following objectives: • Develop and implement land acquisition strategies that will result in an increase in supportive housing supply • Implement land use/zoning changes to reduce barriers to interim and permanent housing • Achieve city compliance with CA Senate Bill 2 • Implement city policy changes that result in changes to increase the housing supply The City, with the combination of City staff and consulting/technical services will build upon efforts included as part of multi jurisdictional proposal with the Cities of EI Monte and South EI Monte and expand the scope of work to include a much more substantive research and analysis, which will include community engagement, development of educational materials, and outreach, to address the following opportunities: ADU Ordinance: Baldwin Park updated its Accessory Dwelling Unit (ADU) ordinance last year to align with State law but left it open to consider additional amendments related to reducing permit fees and providing other incentives, such as a subsidy to property owners who commit to renting to homeless individuals/households or voucher holder. Grant funding will be used to assess the feasibility of enhancing or making additional changes to the City's ADU ordinance to expand housing resources in the City. 2. Hotel/Motel Conversion: The City will assess whether any local hotels/motels could be converted to housing for people experiencing homelessness. 3. Tacant or Underutilized Public and Private Land: The City will identify vacant or underutilized public land that could be used for afford ab I e/s u pportive housing. This includes City, County, and Caltrans pr•p- • d pe ed Site Housing: The City will investigate the Scattered Site Housing, a housing development approach that can meet the needs of seniors and fames with low -to -moderate incomes, Affordable housing developments can be used as a community revitalization tool, especially when units are built on scattered sites throughout the community. 5. Inclusionary Zoning/In-Lieu Fees: The City will develop and implement guidance on best practices for maximizing affordable units on sites, including recommendations about opportunities associate4. inclusionary housing, in lieu fees, up -zoning, and reduced parking requirements. The above referenced Priority Area 1 projects support the goals of the City of Baldwin Park and addresses the following HI strategies • Strategy F6, Using Public Land for Homeless Housing • Strategy F7, Preserve current affordable housing and promote the development of affordable housing for homeless families and individuals • Strategy F4, Development of Second Dwelling Unit Pilot Program • Strategy E8, Enhance the Emergency Shelter System. �. _ +��111 Develop project plan and timeline for Project plan and timeline for land ADU Ordinance Review and policy assessment. Conduct a review of ordinances that Provide report on review of Q4 were established to incentivize housing ordinance and policies with City to address homelessness in other staff and stakeholders, including jurisdictions. recommendations for ordinance amenities that would make them changes Meet with the Planning Department and Provide report on outcomes of Q1 Housing Authority to discuss potential discussion with staff and changes to the ADU ordinance stakeholders. Develop ADU and/or Zoning Ordinance Final adopted ordinance (s) Q4 revisions Conduct community meetings with Conduct three community Q2 property owners to explain ADUs as meetings in both English and affordable and homeless housing Spanish. options, in culturally competent terms. Make with'presentation to Council Task IV: Identify Vacant or Underutilized Public and Private Land to be used for Homeless Housinq T Research publicly -owned vacant and Provide a report to City staff, underutilized land with an emphasis on including a list of publicly -owned parcels close to transit and other vacant and underutilized land amenities that would make them citing feasibility for potential potentially suitable for housing development, and/or development, recommendations Deliver report to City staff, including recommendations and a list of 1_2pportunities. T Research Scattered Site Housing to Deliver report to City staff, including determine if this is a feasible housing 11 recommendations and feasibility study relative to Scattered Site development approach for the City. Mousing opportunities. .)t,1C1VVU ing Section IV. Staffing Program Name: Baldwin Park Homelessness Implementation Plan a i any agreements necessary Community Development Director Project Administrator Baldwin Park City Plnner a Res earch and analysis, reports, liaison with community� staff support 10111rmml� Associate Planner Research and analysis, staff support Baldwin Park EcIMI onomic Development Director Research and analysis, staff support Baldwin Park I Recreation and Community Services Director Liai son with community, and non-profit agencies, and County, Baldwin Park Housing Manager Liaison with community for landlord engagement, scatter site housing models, and P. -sea Baldwin Pwrc�4�sing_ Spe-cialist R_ e a n d a s u p po rt Delliverables Due Dates I. Provide copy of Within 60 days of contract execution (if an early payment is any agreements necessary needed to start implementing the program, this deliverable can to implement the funded be submitted earlier) program; submit copies of draft subcontractor agreements for County approval. II. SubmitQua��rl Reports and supporting documents. Reporting Period Dates to depend on the date of contract execution Submit Report March 1, 202 lay 31, 2020 June 30, 2020 June 1, 2020 7_Ayqust 31, 2020 Se tember 30, 2020 September 1, 2020 — November 30, 2020 December 31, 2020 December 1, 2020 ® February, 2021 February 28, 2021 Submit Final Report Prior to contract expiration *14M W IM M �11 PRICING SCHEDULE The total contract sum is $300,000 to be paid by the County of Los Angeles. The County will pay up to 1/4 of the total contract sum amount upon execution of the subcontracts necessary to perform contract services. The remaining contract sum shall be paid out based on reimbursable charges over the term of the agreement. PERSONNEL COSTS (City Personnel Only) Staff Title Number of Hours to be worked over the life of the contract FTE Hourly Rate Total Cost Not To Exceed Community Development Director 391 76.56 $ 30,000 City Planner 257 48.32 $ 12,450 Associate Planner 245 36.70 $ 9,000 Management Analyst 103 36.25 $ 3,750 Recreation and Community Services Director 85 88.42 $ 7,600 Housing Manager 267 53.76 $ 14,400 Housing Specialist 567 22.91 $ 13,000 SUBTOTAL (City Personnel Only) 90,200 NON - PERSONNEL COSTS Sub-Contract/Consultant Costs: Total Costs Not to Exceed Consultant/Vendor $ 75,000 Hotel/Motel Conversion $ 20,000 ADU Ordinance Stud $ 20,000 GIS Mapping for Land Use $ 40,800 Inclusions Zoning $ 20,000 Scattered Site Housing $ 30,000 Marketing Materials $ 3,000 Supplies $ 500 Food/Snacks $ 500 SUBTOTAL NON- PERSONNEL COSTS $ 209,800 TOTAL CONTRACT SUM $ 300,000 AMM I FM I 01.1 M -M M ki I City of Baldwin Park Contractor Name 14403 E. Pacific Avenue, Baldwin Park, CA 91706 Address MADRID*. . . . . . ................. . .. .. .. .. .. . .. .. 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. Is � 101 ON I I MIT" to] :4 603 &1 M X41 I Kel rei 0 M KOM 0 ff*M9 Mi �4161161912 1M&r4,XVjK71d III I 26 The Contractor periodically conducts a self analysis or utilization analysis of its work force. 3, The Contractor has a system for determining if its employment practices are discriminatory against protected groups. 4. Where problem areas are identified in employment practices, the Contractor has a system for taking reasonable corrective action, to include establishment of goals or timetables. Yes 11 No 0 Yes 21 No 0 Yes E3 No 0 Yes IN No 0 ltls- L�20 Date I Exhibit D COUNTY'S ADMINISTRATION CONTRACT NO. AO -20-609 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 -20-609 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 -20-609 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 Lois] Z11:411"011 1 0 1 J I I • provided to me during this employment, 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 of Los Angeles may seek all possibl�.- legal redress. I agree that all materials, documents, software programs and documentation, written designs, plans, diagram reports, software development tools and aids, diagnostic aids, computer processable media, source code I object codes, conversion aids, training cumentation doand aids, and other information and/or tools op f all tye developed or acquired by me in whole or in part pursuant to the above referenced contract, and all wor based thereon, incorporated therein, or derived therefrom shall be the sole property of the County. In t connection, I hereby assign and transfer to the County in perpetuity for all purposes all my right, title, a n h , interest in and to all such items, including, but not limited to, all unrestricted and exclusive copyrights, pate rights, trade secret rights, and all renewals and extensions thereof. Whenever requested by the County, agree to promptly execute and deliver to County all papers, instruments, and other documents requested the County, and to promptly perform all other acts requested by the County to carry out the terms of th agreement, including, but not limited to, executing an assignment and transfer of copyright in a for substantially similar to Exhibit M 1, attached hereto and incorporated herein by reference. on of this agreement may subject me to civil and/or criminal action and that the V seek all possible legal redress. DATE:- I /1g/w PRINTED NAIVIE:�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 Iiid paa aar4i con qI padr /m dre pueden comenzar cl proceso de reclamar a s1 adulto que entregue al bebd? su rccih nacido dmua do los 14 dies. Una vez que los padres o adulto hayan Estes padres deberin llarnar at entrcgado al bebe at personal del hospital o Departamento de Servicios para NiCios y cuartel de bomberos, pueden irse an �Famitias (Department of C.tnldren and cualqui r monicirto. Family Services) ,lei Condado de Eos Angeles at 1-800-540-4000. jPor quo se estS haciendo este n California IS& Iars padres paadr n Illevar la finalidad de la Ley de Entrega de Beb6s all recidn nacido? sin Peligro es prongs a los beb<is para. que No. Si bion enla mayorfa de los casos no sean abandonados, lastimados o - son los padres Jos quellevan at bcbi., la mucrtos por sits padres:. Usted o), permite gtie otras personas to hagan probablamentc haya est uchado liistorias si sienesz mstofka legal. tnigis as sobre bets abandonados en lsasurems o en banos pdblicos. arcs padres /Los padres o el adulto gtid de eros bebes probablemente hay -an estado entrega all telae d ben llamas pasando por dificuttades emocionales antes de Illevar all bete? graves. Las madres pueden hater ocultado No. El padrelmadre o adulto puede llrvar su embarazo; por temor a to que pasaria si at bkc an eualquier momento, las 24 SLIS farnilias se e nteraran. Abandonaron a horas del dna; Jos 7 dias deo la semana, sus bebe� poi'que tenPan rnredo vno trnfan siempre v cuando entreguen a su bebe a tin nadie a quien pedir ayuda. El abandono emplcado del hospital o tuartel do de un reci,"n nacido es ilega) y pone at bebcc bomberos. en una situacidn de pelfgro extrema, 141x} a menudo el abandon provoca la muerte ; del b,be..la Ley de Entrega de Beb6s sin Peligro impide que VUeha a sucederesta trsagedia en California. :n nacido saludable a las enfermeras del z -T ITo &I [a] M11147"1 Company Name- City of Baldwin Park Company Address- 14403 E. Pacific Avenue, Baldwin Park, CA 91076 City- Baldwin Park State: CA Zip Code: 91706 Telephone Number: (626) 813-5201 Email address: mlozano@baidwinpark.com Solicitation/Contract for Homeless Plan Implementation Services 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. Propose r/Contracto r acknowledges and certifies compliance with fair chance employment hiring practices set forth in California Government Code Section 12952 and agrees that proposer/contractor and staff performing work under the Contract will be in compliance. Proposer/Contractor further acknowledges that noncompliance with fair chance trnployment 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. 111103911VIq I I " I i-IMUMAWMIS I . a *EHIME Print Name, Title: Manuel Lozan Mayor Signature. Date: ITEM NO. 14 STAFF REPORT TO: Honorable Mayor and Members ofthe City Council o�,ray, uor FROM: Manuel Carrillo Jr., Director of Recreation & Community Services h"EL DATE: February 17, 2021 " SUBJECT: Approval to Enter into an Agreement between the City of Baldwin JA93U Park & Cohort Cities (EI Monte and South EI Monte) with LeSar Development Consultants 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 (EI Monte and South EI Monte) with LeSar Development Consultants (LDC), a consulting firm that provides strategic advisory services and technical assistance to a wide variety of clients on housing policy, housing and community development, and homelessness crisis response planning; with the scope of work for Homeless Implementation Plan activities not to exceed $75,000.00 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 $75,000. RECOMMENDATION Staff recommends that the City Council to: 1). Approve the Service Agreement between the City of Baldwin Park & Cohort Cities (EI Monte and South EI Monte) with LeSar Development Consultants (LDC) to implement the Measure H Grant Funds for following line items (Development and Planning Consultant), and; 2). Authorize the Chief Executive Officer to Execute the Service Agreement between the City of Baldwin Park & Cohort Cities and LeSar Development Consultants (LDC) and; 4). Authorize the Finance Director to make a budget amendment and provide account numbers to record the grant and related expenditures accordingly and; 5). 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 with LeSar Development Consultants (LDC), a County -approved and vetted lead service provider in Service Planning Area (3) and across the County, to provide development and planning technical assistance services to the City of Baldwin Park & Cohort Cities (EI Monte, South EI Monte) for the Cities Homeless Implementation Plan activities to increase the supply of supportive and interim housing for people experiencing homelessness for a total project cost of $75,000. As the Lead Agency, the City of Baldwin Park will contract with LeSar Development Consultants (LDC) 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 homelessness at a regional level; and Priority Area 2: Enhance the availability and access combat homelessness in the region. Baldwin Park: interim housing for people experiencing to homeless services to prevent and • 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 Development and Planning Services outlining the proposed activities, approach, and budget, and, upon submittal of the proposal, to execute a service agreement with LeSar Development Consultants (LDC) 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 (Development and Planning Consultant) can be found below that will be completed with this funding: Service Delivery Overview: Objectives and Program Description: Priority Area I - Increase the supply of supportive and interim housing for people experiencing 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. 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 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. Cohort Cities will enter into a subcontract with a consultant to do land assessment; submit copies of draft subcontractor agreements for County approval. Consultant will do land assessment of public, private land, private property, and valuate options to implement land use. zoninq, affordable housing policy. ALTERNATIVES The alternative would be to not enter into the Service Agreement with LeSar Development Consultants (LDC). 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 LeSar Development Consultants (LDC) 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. 3). Proof of Insurance for LeSar Development Consultants (LDC). Is] 11W(612 7_1411TiT1111J\ lIN PROFESSIONAL SERVICES AGREEMENT WITH LESAR DEVELOPMENT CONSULTANTS FOR BALDWIN PARK & COHORT HOMELESS IMPLEMENTATION PLAN ACTIVITIES THIS AGREEMENT is made and entered into this 171h day of February, 2021 ("Effective Date"), by and between the CITY OF BALDWIN PARK, a municipal corporation ("City"), and "LeSar Development Consultants", a California Corporation ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to City to provide Baldwin Park Homeless Implementation Plan Activities, 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 familiar with all laws that may affect its performance of this Agreement and shall advise -1- 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 City. 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 by law. All City data shall be returned to City upon the termination of this Agreement. -2- 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. N11W0ZO],Til»kI6Y_1VIIN7klIt\ii17 I"h1 r 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 Seventy -Five Thousand Dollars ($75,000.00). 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 Agreement. -3- 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 ten (10) 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: a. Be adjudged a bankrupt; -4- 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. 5.1. 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 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. -5- (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 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. -6- (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. 6.0. GENERAL PROVISIONS 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 -7- 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 CONSULTANT: LeSar Development Consultants 404 Euclid Ave., Suite 212 San Diego, CA 92114 Tel: (619) 236-0612 Email: ops@lesardevelopment.com IF TO CITY: City of Baldwin Park 14403 E. Pacific Ave. Baldwin Park, CA 91706 Tel: (626) 813-5204 Email: syauchzee@baldwinpark.com 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 -8- 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. Assignment. 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 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 u 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 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 -10- 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. 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. M 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 the Internal Revenue Service. -12- [SIGNATURE PAGE FOLLOWS] -13- 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 CONSULTANT Jennifer LeSar President and CEO LeSar Development Consultants ATTEST: Marlene Garcia City Clerk APPROVED AS TO FORM: Robert A. Tafoya City Attorney -14- Date: Date: EXHIBIT A SCOPE OF SERVICES LeSar Development Consultants will provide Development and Planning Consulting Services to the City of Baldwin Park & Cohort (EI Monte and South EI Monte) for the Cities Homeless Implementation Plan activities to increase the supply of supportive and interim housing for people experiencing homelessness for a total project cost of $75,000. Service Delivery Overview 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 HI, with whom planning work is already underway. The 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 -15- 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 Objectives and Program Description: Priority Area I - Increase the supply of supportive and interim housing for people experiencing 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. 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 I 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. Cohort Cities will enter into a subcontract with a consultant to do land assessment; submit copies of draft subcontractor agreements for County approval. Consultant will do land assessment of public, private land, private property, and valuate options to implement land use. zoninq, affordable housing policy. Firm Qualifications LeSar Development Consultants (LDC) is a mission -driven consulting firm that provides strategic advisory services and technical assistance to a wide variety of clients on housing policy, housing and community development, and homelessness crisis response planning and strategy. LDC specializes in working with public, private, nonprofit, and philanthropic sector leaders to address complex public policy and planning issues with innovative and pragmatic solutions that support the development of physically, economically, and environmentally resilient communities. With our team's -16- diverse expertise—which ranges from banking and real estate development to public sector and nonprofit management and strategic communications—we excel at aligning diverse interests to invest in large-scale, lasting social change. Founded in 2005 by Jennifer LeSar, LDC is a certified W/SBE with offices in San Diego, Los Angeles, and the Bay Area. LDC is uniquely positioned to assist the City of Baldwin Park in implementing its homelessness plan. In 2018, LDC facilitated homelessness planning for 17 cities in the San Gabriel Valley, including the City of Baldwin Park, as well as the cities of Burbank, Culver City, and Norwalk. Activities included in-depth conversations with city officials, stakeholder interviews, and extensive community engagement on the opportunities and benefits of aligning local plans with best practices and federal, state, and County Homeless Initiative policy and funding priorities. The Baldwin Park City Council approved their plans in Fall 2018. In addition, LDC has a long history of assisting cities statewide in developing and implementing land use and housing policy to address the housing affordability crisis and prevent and end homelessness. Since the firm was founded in 2005, LDC has worked with more than 50 public agencies and municipal governments to conduct analyses to align local laws, ordinances, regulations, and programs with federal and state laws as well as funding priorities and best practice research. LeSar Development Consultants will provide the following services to the City of Baldwin Park & Cohort (El Monte and South EI Monte): • ADU Ordinance Implementation The City as well as partners in the Tri -City Cohort, EI Monte and South EI Monte, are particularly interested in incentive programs that commit to affordability restrictions, targetting ADUs for renting to homeless individuals/households or voucher holders. While Baldwin Park is funding research into ADU incentive programs, Tri -City Cohort will support other activities. Proposed activites are as follows: Activity Funding by Tri -City Cohort Meet with the Baldwin Park, EI Monte and South EI Monte Planning Departments $5,000 and Housing Authority to discuss potential incentives to develop alongside the ADU ordinance, then draft policies that can be aligned across jurisdictions. Educational program around ADU development, finance sources, equity issues, $15,000 including recording to post online Totals: $20,000 • Hotel/Motel Conversion Baldwin Park and the Tri -City Cohort are funding efforts to explore whether any local hotels/motels in Baldwin Park or South EI Monte could be converted to housing for people experiencing homelessness. An initial Google search indicates that only a handful of -17- hotels/motels are located in each of the jurisdictions, which could benefit from a shared analysis. This work would include reviwing a small number of specific sites in those two cities and preparing a report with best practices and recommendations around acuclistion of hotels and motels. Proposed activities are as follows: Activity Funding by Develop a list of publicly -owned vacant and underutilized land Tri -City with an emphasis on parcels close to transit and other amenities Cohort Develop a list of hotels/motels located within the partner Cities. $2,500 Determine whether any existing hotels/motels are viable candidates for conversion $2,500 based on current utilization, analysis of current and potential proposed zoning, and alignment with the Housing Element. Develop specific Goal(s) and Policies to include $35,000 (City of EI Monte to in Housing Element update. work with Prima Development Totals: $5,000 • Vacant or Underutilized Public and Private Land The Tri -City Cohort is supporting work to build an online map of potential sites as well as designs for a proposed site in EI Monte. Baldwin Park will fund additional mapping and site designs, a high level study and a housing policy academy to build community support. South EI Monte will also fund the high-level study as well as site design for a specific propoerty. Proposed activities are as follows: Activity Funding by Tri -City Cohort Develop a list of publicly -owned vacant and underutilized land $15,000 with an emphasis on parcels close to transit and other amenities $50,000 that would make them potentially suitable for housing $75,000 development. This would include meetings with City staff and site visits, as well as an online map of about to identified parcels Work with an architectural firm to perform high-level site and $35,000 (City of EI Monte to building assessment, as well as site master planning, concept work with Prima Development design, and programmatic design, for up to three highest -priority to draft three new site plans for sites. McClaren Hall Proposal Project) Totals: $50,000 Funding Summary- Contract Between County of Los Angeles and Citv of Baldwin Park & Cohort (AO -20-61o) ADU Ordinance $20,000 Hotel/Motel Conversion $5,000 Vacant or Underutilized Public and Private Land $50,000 Total funding by source $75,000 -18- W4:111 ]11a3a=1 =&*x3:14.111110 LeSar Development Consultants will provide technical assistance services to the City of Baldwin Park & Cohort Cities (EI Monte and South EI Monte) for the City's Homeless Implementation Plan activities to increase the supply of supportive and interim housing for people experiencing homelessness for a total project not to exceed $75,000.00. -19- 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 Page ii 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 Implementation Homelessness Plan - CPG Y2 Page 1 AO -20-610 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 - Implementation Homelessness Plan - CPG Y2 AO -20-610 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 Implementation Homelessness Plan - CPG Y2 Page 3 AO -20-610 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 Implementation Homelessness Plan - CPG Y2 Page 4 AO -20-610 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. Implementation Homelessness Plan - CPG Y2 Page 5 AO -20-610 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 Implementation Homelessness Plan - CPG Y2 Page 6 AO -20-610 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. Implementation Homelessness Plan - CPG Y2 Page 7 AO -20-610 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. Implementation Homelessness Plan - CPG Y2 Page 8 AO -20-610 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 Implementation Homelessness Plan -'CPG Y2 Page 9 AO -20-610 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, Implementation Homelessness Plan - CPG Y2 Page 10 AO -20-610 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 Implementation Homelessness Plan - CPG Y2 Page 11 AO -20-610 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 Implementation Homelessness Plan - CPG Y2 Page 12 AO -20-610 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. Implementation Homelessness Plan - CPG Y2 Page 13 AO -20-610 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 Implementation Homelessness Plan - CPG Y2 Page 14 AO -20-610 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. Implementation Homelessness Plan - CPG Y2 Page 15 AO -20-610 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 Implementation Homelessness Plan - CPG Y2 Page 16 AO -20-610 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 Implementation Homelessness Plan - CPG Y2 Page 17 AO -20-610 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. Implementation Homelessness Plan - CPG Y2 Page 18 AO -20-610 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, Implementation Homelessness Plan - CPG Y2 Page 19 AO -20-610 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 Implementation Homelessness Plan - CPG Y2 Page 20 AO -20-610 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. Implementation Homelessness Plan - CPG Y2 Page 21 AO -20-610 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. Implementation Homelessness Plan - CPG Y2 Page 22 AO -20-610 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. Implementation Homelessness Plan - CPG Y2 Page 23 AO -20-610 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, Implementation Homelessness Plan - CPG Y2 Page 24 AO -20-610 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 Implementation Homelessness Plan - CPG Y2 Page 25 AO -20-610 "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 Implementation Homelessness Plan - CPG Y2 Page 26 AO -20-610 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. Implementation Homelessness Plan - CPG Y2 Page 27 AO -20-610 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. Implementation Homelessness Plan - CPG Y2 Page 28 AO -20-610 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. Implementation Homelessness Plan - CPG Y2 Page 29 AO -20-610 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 Implementation Homelessness Plan - CPG Y2 Page 30 AO -20-610 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 Implementation Homelessness Plan - CPG Y2 Page 31 AO -20-610 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. Implementation Homelessness Plan - CPG Y2 Page 32 AO -20-610 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. Implementation Homelessness Plan - CPG Y2 Page 33 AO -20-610 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. Implementation Homelessness Plan - CPG Y2 Page 34 AO -20-610 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. Implementation Homelessness Plan - CPG Y2 Page 35 AO -20-610 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 Implementation Homelessness Plan - CPG Y2 Page 36 AO -20-610 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, Implementation Homelessness Plan - CPG Y2 Page 37 AO -20-610 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 Implementation Homelessness Plan - CPG Y2 Page 38 AO -20-610 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 Implementation Homelessness Plan - CPG Y2 Page 39 AO -20-610 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 Implementation Homelessness Plan - CPG Y2 Page 40 AO -20-610 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 Implementation Homelessness Plan - CPG Y2 Page 41 AO -20-610 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 Implementation Homelessness Plan - CPG Y2 Page 42 AO -20-610 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 Implementation Homelessness Plan - CPG Y2 Page 43 AO -20-610 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 KOM 2 1 0 to] 19 03 ZA M 5 MM - =1 Lwoxqili�zwq mlmd� AJIw�—Lo' -Y "N'ec S�"r KATHERINE M. BOWSER Principal Deputy County Counsel Date I grimmal IM 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 Iiid paa aar4i con qI padr /m dre pueden comenzar cl proceso de reclamar a s1 adulto que entregue al bebd? su rccih nacido dmua do los 14 dies. Una vez que los padres o adulto hayan Estes padres deberin llarnar at entrcgado al bebe at personal del hospital o Departamento de Servicios para NiCios y cuartel de bomberos, pueden irse an �Famitias (Department of C.tnldren and cualqui r monicirto. Family Services) ,lei Condado de Eos Angeles at 1-800-540-4000. jPor quo se estS haciendo este n California IS& Iars padres paadr n Illevar la finalidad de la Ley de Entrega de Beb6s all recidn nacido? sin Peligro es prongs a los beb<is para. que No. Si bion enla mayorfa de los casos no sean abandonados, lastimados o - son los padres Jos quellevan at bcbi., la mucrtos por sits padres:. Usted o), permite gtie otras personas to hagan probablamentc haya est uchado liistorias si sienesz mstofka legal. tnigis as sobre bets abandonados en lsasurems o en banos pdblicos. arcs padres /Los padres o el adulto gtid de eros bebes probablemente hay -an estado entrega all telae d ben llamas pasando por dificuttades emocionales antes de Illevar all bete? graves. Las madres pueden hater ocultado No. El padrelmadre o adulto puede llrvar su embarazo; por temor a to que pasaria si at bkc an eualquier momento, las 24 SLIS farnilias se e nteraran. Abandonaron a horas del dna; Jos 7 dias deo la semana, sus bebe� poi'que tenPan rnredo vno trnfan siempre v cuando entreguen a su bebe a tin nadie a quien pedir ayuda. El abandono emplcado del hospital o tuartel do de un reci,"n nacido es ilega) y pone at bebcc bomberos. en una situacidn de pelfgro extrema, 141x} a menudo el abandon provoca la muerte ; del b,be..la Ley de Entrega de Beb6s sin Peligro impide que VUeha a sucederesta trsagedia en California. :n nacido saludable a las enfermeras del -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. ITEM NO. 15 STAFF REPORT TO: Honorable Mayor and Members of the City Council ;wo , CrI E FROM: Manuel Carrillo Jr., Director of Recreation & Community Services ,SAS G"ABRIE . DATE: February 17, 2021 ,VALLEY SUBJECT: Adopt Resolution No. 2021.008 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, approving the application for the Statewide Park Development and Community Revitalization Program Grant Funds" for the Big Dalton Wash Greening Trail (Phase 1) and Pocket Parks SUMMARY The purpose of this staff report is for the City Council to adopt Resolution No. 2021.00X entitled, "A Resolution of the City Council of the City of Baldwin Park, California, approving the application for the Statewide Park Development and Community Revitalization Program Grant Funds" for the Big Dalton Wash Greening Trail (Phase 1) and Pocket Parks. RECOMMENDATION Staff recommends that the City Council to: 1) Adopt Resolution No. 2021.008 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, approving the application for the Statewide Park Development and Community Revitalization Program Grant Funds" for the Big Dalton Wash Greening Trail (Phase 1) and Pocket Parks; and 2) Authorize the Director of Recreation and Community Services to execute any further documents. FISCAL IMPACT There is no fiscal impact to the budget at this time. BACKGROUND Since 1965, statewide grants administered by OGALS created and improved over 7,580 parks. In continuing this legacy with grantees to improve the quality of life for communities throughout California, the Statewide Park Development and Community Revitalization Program (SPP) is the largest park related grant program in California's history and possibly U.S. history, with over $1 billion in funding between the 2018 Prop. 68 and 2006 Prop. 84 Bond Acts. The intent of the Statewide Park Program (SPP) competitive grants program is to create new parks and new recreation opportunities in critically underserved communities across California. Statewide Park Program (SPP) Round 4 has a total state budget appropriation of $395,302,155 for competitive grants projects ranging from $200,000 thousand to 8.5 million dollar projects that will create new parks, or expand an existing park, or renovate an existing park in underserved communities across California. The grant performance period is from July 1, 2020 -June 30, 2025. The City of Baldwin Park is proposing to develop the Big Dalton Wash Greening Trail (Phase 1) and Pocket Parks in partnership with the Los Angeles County on a site that is currently owned by the County of Los Angeles and managed by the Los Angeles Flood Control District as it was identified as a top priority project by the residents of Baldwin Park. The Pocket Parks are linked to the Big Dalton Wash Trail. The trail is a non -motorized shared path that traverses the City from its east border at Hilda L. Solis Park to the west, where it concludes at Walnut Creek Nature Park, adjacent to the San Gabriel River Trail and onto the Emerald Necklace and its interconnected rings of parks and greenways. The project site will feature amenities, prioritized and selected by residents at public engagement meetings. Residents prioritized safety, accessibility, aesthetics, sustainability (sensitivity to climate change), and aesthetics. The City, in response to residents' priorities prepared, in coordination with the County of Los Angeles, a site plan to include the following: Park Tables Shade Structures Benches Wayfinding Signs Interpretive Signage Funding Acknowledgement Sign Hydration Station Big Belly Trash Cans Drought Tolerant Trees with High Co2 Sequestration, including Water Bubblers and Root Barriers Bioswales Landscaping with California Native plants and Drought Tolerant Plants and Shrubs Irrigation System Asphalt Concrete Class 1 Bike Path ADA Compliant Color Sidewalk Concrete Drive -Way and ADA Compliant Sidewalk ALTERNATIVES The alternative would be that the City Council may choose not to adopt Resolution No. 2021.008. LEGAL REVIEW None required. ATTACHMENT 1) Resolution No. 2021.008. RESOLUTION 2021.008 RESOLUTION OF THE CITY COUNCIL OF THE BALDWIN PARK APPROVING THE APPLICATION FOR STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM GRANT FUNDS WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Statewide Park Development and Community Revitalization Grant Program, setting up necessary procedures governing the application; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of the application before submission of said application to the State; and WHEREAS, successful Applicants will enter into a contract with the State of California to complete the Grant Scope project; NOW, THEREFORE, BE IT RESOLVED that the BALDWIN PARK CITY COUNCIL hereby: APPROVES THE FILING OF AN APPLICATION FOR THE BIG DALTON GREENING TRAIL (PHASE 1) AND POCKET PARKS; AND Section 1. Certifies that said Applicant has or will have available, prior to commencement of any work on the project included in this application, the sufficient funds to complete the project; and Section 2. Certifies that if the project is awarded, the Applicant has or will have sufficient funds to operate and maintain the project, and Section 3. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and Section 4. Delegates the authority to the Director of Recreation & Community Services to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope; and Section 5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines; and Section 6. Will consider promoting inclusion per Public Resources Code §80001 (b)(A-G). PASSED, APPROVED AND ADOPTED this17t" day of February, 2021. EMANNUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF BALDWIN PARK ) I, Marlene Garcia, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No.2021.008 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council on February 17, 2021, by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: MARLENE GARCIA CITY CLERK STAF ITEM NO. 16 TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation & Community Services ,��, DATE: February 17, 2021 ,VALLEY SUBJECT: Adopt Resolution No. 2021.009 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, approving the application for the Statewide Park Development and Community Revitalization Program Grant Funds" for the Barnes Park Expansion SUMMARY The purpose of this staff report is for the City Council to adopt Resolution No. 2021.009 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, approving the application for the Statewide Park Development and Community Revitalization Program Grant Funds" for the Barnes Park Expansion. RECOMMENDATION Staff recommends that the City Council to: 1) Adopt Resolution No. 2021.009 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, approving the application for the Statewide Park Development and Community Revitalization Program Grant Funds" for the Barnes Park Expansion; and 2) Authorize the Director of Recreation and Community Services to execute any further documents. FISCAL IMPACT There is no fiscal impact to the budget at this time. BACKGROUND Since 1965, statewide grants administered by Office Grants and Local Services (OGALS) created and improved over 7,580 parks. In continuing this legacy with grantees to improve the quality of life for communities throughout California, the Statewide Park Development and Community Revitalization Program (SPP) is the largest park related grant program in California's history and possibly U.S. history, with over $1 billion in funding between the 2018 Prop. 68 and 2006 Prop. 84 Bond Acts. The intent of the Statewide Park Program (SPP) competitive grants program is to create new parks and new recreation opportunities in critically underserved communities across California. Statewide Park Program (SPP) Round 4 has a total state budget appropriation of $395,302,155 for competitive grants projects ranging from $200,000 thousand to 8.5 million dollar projects that will create new parks, or expand an existing park, or renovate an existing park in underserved communities across California. The grant performance period is from July 1, 2020 -June 30, 2025. The City of Baldwin Parkproposes# use grant fundsr•` available thr# • r of California Parks and Recreation State Parks Prop 68 Program to acquire and develop the vacant land located 2,t 3301 Patritti Avenue for the Barnes Park Expansion that will be converted into a community park. The project site is adjacentto BarnesPark. If funded, the City will be r#'' to link the project site to available to the community that would transform the current neighborhood it into a state of the art outdoor amenities. The proposed project site is currently owned by Rosemead ••`' Inc. The City, with guidance provided by the State of California Office of Grants and Local Services, has approached Rosemead Properties Inc. Rosemead Properties, in turn, has expressed an interest in selling the property. City staff is currently organizing and facilitating community planning sessions with community stakeholders to prioritize the type, number and location • recreational, aesthetic, sustainable, r• public safety features and amenes to be included at the project site. Together, City staff and stakeholders will develop a final design for the proposed • park. ALTERNATIVES The alternative would •- that the City Council may choose • to adopt Resolution No. 2021.009. LEGAL REVIEW None required. ATTACHMENT 1) Resolution No. 2021.009. RESOLUTION 2021.009 RESOLUTION OF THE CITY COUNCIL OF THE BALDWIN PARK APPROVING THE APPLICATION FOR STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM GRANT FUNDS WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Statewide Park Development and Community Revitalization Grant Program, setting up necessary procedures governing the application; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of the application before submission of said application to the State; and WHEREAS, successful Applicants will enter into a contract with the State of California to complete the Grant Scope project; NOW, THEREFORE, BE IT RESOLVED that the BALDWIN PARK CITY COUNCIL hereby: APPROVES THE FILING OF AN APPLICATION FOR THE BARNES PARK EXPANSION; AND Section 1. Certifies that said Applicant has or will have available, prior to commencement of any work on the project included in this application, the sufficient funds to complete the project; and Section 2. Certifies that if the project is awarded, the Applicant has or will have sufficient funds to operate and maintain the project, and Section 3. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and Section 4. Delegates the authority to the Director of Recreation & Community Services to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope; and Section 5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines; and Section 6. Will consider promoting inclusion per Public Resources Code §80001 (b)(A-G). PASSED, APPROVED AND ADOPTED this17t" day of February, 2021. EMANNUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF BALDWIN PARK ) I, Marlene Garcia, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No.2021.009 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council on February 17, 2021, by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: MARLENE GARCIA CITY CLERK STAF ITEM NO. 17 TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation & Community Services DATE: February 17, 2021 SUBJECT: Approve the Letter of Intent for the San Gabriel Valley Emergency SJA Shelter Pilot Program in Partnership with the San Gabriel Valley Regional Housing Trust & San Gabriel Valley Council of Governments SUMMARY The purpose of this staff report is for the City Council to approve the Letter of Intent for the San Gabriel Valley Emergency Shelter Pilot Program in partnership with the San Gabriel Valley Regional Housing Trust & San Gabriel Valley Council of Governments. RECOMMENDATION Staff recommends that the City Council to: 1) Approve the Letter of Intent for the San Gabriel Valley Emergency Shelter Pilot Program in partnership with the San Gabriel Valley Regional Housing Trust & San Gabriel Valley Council of Governments; and 2) Authorize the Director of Recreation and Community Services to execute any further documents. FISCAL IMPACT There is no fiscal impact to the budget at this time. BACKGROUND The San Gabriel Valley Regional Housing Trust (SGVRHT) and San Gabriel Valley Council of Governments (SGVCOG) have developed an emergency shelter pilot program to provide capital funding and technical assistance to member cities to develop non -congregate emergency shelter sites. The pilot program intends to provide emergency shelter quickly and at a relatively low cost. The non -congregate (tiny home) model is favorable to address COVID-19 concerns in traditional emergency shelter. Tiny home shelters are interim housing solutions that represent a quick and scalable approach to addressing emergency shelter needs. Shelters can be built on site and taken apart, moved, and reassembled to meet changing needs. The shelters are weather proof, climate controlled, and provide privacy for clients. The SGVRHT will select 3-4 sites with 5-15 units per site with the following program parameters: SGVRHT will provide capital funding for non -congregate shelters, restroom facilities, office/case management space, and necessary site preparation. Each site will have staff on-site and will provide case and crisis management services. No drugs or alcohol will be allowed on-site. The intent is to select clients from the local area and provide interim housing while connecting clients to permanent supportive housing. Site selection criteria: limited or no grading requirements preferred; existing utility and sewer connections desirable; access to existing restrooms, community rooms, or prep kitchens is a bonus. Project Timeline: • January 2021- SGVRHT and SGVCOG staff met with member cities to provide details on the program. • February 2021- SGVRHT/SGVCOG will procure tiny home shelters. • March/April 2021- SGVRHT/SGVCOG and consultant will finalize sites and work with member city staff to proceed to the implementation phase. Any necessary city council actions begin; MOAs are signed • May/June 2021- Preparation of site and staff. Public works staff, Recreation and Community Services, Economic Development, fire department, building and safety, and all other necessary staff will coordinate site layout and installation of shelters. • June/July- Occupy sites. Sites up and running with participants in each unit and staff providing case management and additional services. � it ! � 1 • 1 • •' '• i r '• r' r r i' i l i "!' r i i •i r r '• r i' r!' r r r! ` � i - .+ � r i' r i''i i` r -r r i ! r i' iI ri '• ' r i ' r r' '!' !: •' is r''i i r ! i ' ► i i r' i y w !' r! 'f' ALTERNATIVES The alternative would be that the City Council may choose not to submit a Letter of Intent. LEGAL REVIEW None required. ATTACHMENT 1) Letter of Intent 2) City of Baldwin Park Tiny Homes Project Proposed Layout February 17, 2021 Marisa Creter, Executive Director San Gabriel Valley :Regional Housing Trust 1000 South Fremont Avenue, Unit #42 Alhambra, California 91803 Dear Ms. Creter, The City of Baldwin Park is interested in participating in the Emergency Shelter Pilot Program administered by the San Gabriel Valley Regional Housing Trust (SGVRHT) and the San Gabriel Valley Council of Governments (SGVCOG). Through this program, the City intends to help identify publicly owned land or nonprofit/faith-based sites that would be suitable for providing non -congregate "tiny home" style interim housing to people experiencing homelessness. The City will support this effort through staff time to manage the project and through other resources as feasible. The City anticipates that the SGVRHT will provide all or most of the capital funding for the project, and that the SGVRHT and SGVCOG staff will identify operational funding and assist with required procurements for the tiny homes, service provider/site operator, and other components, as well as offer program management to coordinate across parties and processes. This letter of interest is not a commitment, and we are providing this letter only to further the work to implement the proposed project in our City and to support collective efforts to advance this pilot program across the San Gabriel Valley. Final commitment to the project will be subject to site selection, final program design, City Council approval, SGVRHT board approval, funding availability, and other factors. The parameters of the project we are interested in pursuing is outlined in the attached application. Should you have any questions regarding this interest, please contact Manuel Carrillo, Jr. at n-icarrilloabdwnp.com or at (626) 813-5269.k Thank you. Sincerely, Emmanuel J. Estrada Mayor On behalf of the Baldwin Park City Council CITY OF BALDWIN PARK TINY HOMES PROJECT PROPOSED LAYOUT VICINITY MAP 14173 Garvey Ave Baldwin Park, CA 91706 LEGEND A. TINY SHELTER TYPICAL. ABOUT 8.5' X 7.5' B. REFUSE CONTAINS C. PERIMETER FENCING WITH PRIVACY SLATS D. SHADE UMBRELLAS WITH EATING AREA F. PROVIDE SITE AND EGRESS LIGHTS TYP. A PER LIGHT STUDY G. PROVIDE 24' PLANTERS AND QUEEN PALM TREES H. ASPHALT PAVING (PERVIOUS AC) I. PERVIOUS ASPHALT SIDEWALK J. CIRCULAR PERVIOUS CONCRETE PAD NOTES: SEWER-, POWER, WATER, AND REFUSE SERVICE ARE AVAILABLE SITE PREPARATION CAN BE DONE BY CITY STAFF MAINTENANCE CREW rim ITEM NO. 18 Honorable Mayor and Members of the City Council Shannon Yauchzee, Chief Executive Officer Laura J. Thomas, Human Resources/Risk Manager February 17, 2021 SUBJECT: Approval of Employment Agreement with Robert A. Lopez for the Positon of Chief of Police SUMMARY The attached Agreement for Chief of Police ("Agreement") with Robert Lopez is presented for approval by the City Council. RECOMMENDATION It is recommended that the City Council approve the Agreement with Robert Lopez for the position of Police Chief and direct the Mayor and City Clerk to execute it. FISCAL IMPACT There is no fiscal impact as the annual salary plus benefits is covered by the currently approved fiscal budget. BACKGROUND After going through a recruitment and interview process, the City Council gave the CEO direction to negotiate a contract with Interim Chief Lopez and bring it back to open session for final action. Interim Chief Lopez has the qualifications and experience for this position. If approved, the Agreement will be effective February 21, 2021. The Agreement sets the annual base pay compensation for the Police Chief at Step 1 of the Salary Range, which is $16, 690.82 per month. This salary may be amended by mutual agreement of the parties in writing by City Council Resolution. The Police Chief receives the same benefits provided to other City Directors as set forth in the "Executive Employee Benefit Matrix" attached to the Agreement. The Police Chief is expressly an "At -Will" employee and serves at the pleasure of the City Council. Should the employee be terminated without cause, the Agreement provides for a six-month salary severance pay. Prior to any receipt of any severance pay, the employee must sign a waiver of any future claims against the City. ALTERNATIVES The City Council may choose to go back into closed session for additional negotiations. 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. Chief of Police Employment Agreement qii��I;' 11111:111t Al 1: a. City agrees to employ Employee as Chief of Police with the responsibility to perform all of the usual and customary duties of a California Chief of Police, including as more particularly set forth in the Baldwin Park Municipal Code and the Baldwin Park Police Department Manual, as well as such other legally permissible and proper duties and functions of City Council may from time to time assign (collectively, the "Employment Duties"). b. Employee shall satisfactorily perform the Employment Duties with a high degree of professionalism and shall work the schedule needed to ensure accomplishment of that performance. Employee shall report directly to the City Council with respect to the Employment Duties and shall keep the City Council informed in a timely and reasonable manner. Employee shall receive administrative planning, direction, and supervision in accordance with the Municipal Code. c. Nothing contained in this Agreement shall prevent Employee's occasional professional, teaching, or related activities, subject to the prior approval of the City Council, which approval will not be unreasonably withheld and only if such activity does not affect Employee's performance of any of the Employment Duties. If approved such outside activities shall not be conducted during regular City business hours or regular Council meeting Wours. a. Notwithstanding anything to the contrary in the presently effective City Salary Resolution, for satisfactory performance of all the Employment Duties, Employee's base annual salary shall be $200,289.88 (Step 1). City's payment towards Health Insurance Plan, Cell Phone, and all other Benefits shall be in accordance with the Executive Team Benefits Matrix which may be updated from time to time. Included is the use of a City provided take home vehicle so that Employee may respond to emergencies. The use of the City Vehicle does not include personal vacations and does not include personal travel a distance more than a 50 mile radius from the City or home. b. Employee's base annual salary may hereafter be modified, from time to time as approved by the parties by formal written amendment to this Agreement or by an amended Salary Resolution of the City, approved in a regular City Council meeting. Any such modification shall be based on the City Council's 2.nnual evaluation of Employee's performance, in consultation with the Ch il Executive Officer. The annual evaluation shall be based on criter, i' •' by City Council and CEO in consultation with Employee. a. Employee is an "AT WILL"EXEMPT" employee and shall serve at the pleasure of the City Council and nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the services of Employee for any reason, or no reason at all, with or without cause, at any time, subject only to the provisions set forth in Section 4 of this Agreement. 4,. Nothing in this Agreement shall prevent, limit, or otherwise interfere with th-. rights of the Employee to resign at any time from his position. Such resignation shall be in writing and served personally upon the CEO. X a. In the event the City Council terminates Employee's employment as Police Chief pursuant to this Agreement, and if Employee is not otherwise in breach of the terms of this Agreement, and if Employee executes a written waiver of any and all claims the Employee may have against the City, including, but not limited to a Civil Code Section 1542 waiver, then and only then the City shall pay to the employee a lump sum cash payment equal to three (3) months base salary with no benefits included in the severance calculation ("Severance Pay") to Employee. The City shall be relieved of any obligation to pay Severance Pay if Employee fails to execute a waiver as described above or if Employee is terminated for malfeasance in carrying out the duties obligated under this Agreement or if the Employee is convicted of any illegal act involving moral turpitude or personal gain. a. Attorneys' Fees: It is further understood and agreed that if, at any time, a violation of any term of this Agreement is asserted by any party hereto, that party shall have the right to seek specific performance of that term and/or any other necessary and proper relief, including but not limited to damages, from any court of competent jurisdiction, and the prevailing party shall be entitled to recover its/his/her reasonable costs and attorneys' fees. b. Arbitration: All disputes, claims, complaints, or controversies ("Claims") that Employee may have against the City of Baldwin Park and/or any of its employees, Councilmembers, Mayor, Officers, Directors, or any of its agents(collectively and individually the "City"), including contract claims; tort claims; discrimination and/or harassment claims; retaliation claims; claims for 0 wages, compensation, penalties or restitution; and any other claim under any federal state, or local statute, compensation, regulation, rule, ordinance, or common law, arising out of and/or directly or indirectly related to my application for employment with the City, and/or the terms and conditions of my employment with the City, and/or termination of my employment with the City (collectively "Covered Claimsare subject to arbitration and must be settled by arbitration pursuant to the terms of this Agreement and will be resolved by Arbitration and NOT by a court or jury. The parties herby forever waive and give up the right to have a judge or jury decide any Covered Claims. California law will apply to any arbitration. The arbitration shall be conducted at JAMS and will be subject to JAMS rules to the extent consistent with California law. The number or arbitrators shall be determined by JAMs or agreement of the parties. The arbitrator may render a judgment on the award and the judgment may be entered in any court in California of competent jurisdiction. c. This Agreement shall constitute the entire agreement between the parties regarding Employee's employment as Police Chief. Any previous agreements, whether in writing or oral, are understood and agreed to by the parties to be null and void and of no legal effect. d. The Agreement can only be modified in writing 2ng only if signed by Employee and approved by the City Council at a regularly scheduled meeting and signed by the Mayor of Baldwin Park. e. This Agreement shall be effective once signed by all parties and the Employee's start it shall th be effective February 21, 2021. Passed, approved, and adopted this 17 day of February 2021. f. If any provision of this Agreement shall be ruled invalid, illegal or unenforceable, the Parties shall: (i) promptly negotiate a substitute for the provision which shall, to the greatest extent legally permissible, effect the intent of the parties in the invalid, illegal or unenforceable provision, and (ii) negotiate such changes in, substitutions for or additions to the remaining provisions of this Agreement as may be necessary in addition to and in conjunction with subsection (i) above to give effect to the intent of the Parties without the invalid, illegal or unenforceable provision. To the extent the Parties are unable to negotiate such changes, substitutions, or additions as set forth in the preceding sentence, and the intent of the Parties with respect to the essential terms of the Agreement may be carried out without the invalid, illegal or unenforceable provision, the balance of this Agreement shall not be affected, and this Agreement shall be construed and enforced as if the invalid, illegal or unenforceable provision did not exist. I g. This Agreement may be signed and delivered in any number of counterparts, each of which, when signed and delivered, shall be an original, but all of which shall together constitute one and the same Agreement. h. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys'fees. L No official or employee of the City shall be personally liable to Robert A. Lopez in the event of any default or breach by the City or for any amount which may become due to Robert A. Lopez or for any breach of the terms of this Agreement. j. Each Party represents and warrants to the other Party that all necessary action has been taken by such Party to authorize the undersigned to execute this Agreement and to bind it to the performance of its obligations hereunder. k. Robert A. Lopez may not assign this Agreement in whole or in part. Any attempted assignment shall be null and void. 1. Robert A. Lopez acknowledges that (1) he has had the opportunity to consult counsel in regard to this Agreement, (2) he has read and understands this Agreement, (3) he is fully aware of its legal effects, and (4) he has entered into it freely and voluntarily and based on his own judgment and not on any representations of promises other than those contained in this Agreement. m. This agreement was drafted by both parties. Robert A. Lopez had an opportunity to review this Agreement with Chief Executive Officer, Shannon Yauchzee, and made whatever changes he deemed necessary, if any. Whatever changes were made or not made by Robert A. Lopez are to th,4 satisfaction and agreement of Robert A. Lopez. Because both parties drafted this Agreement and participated in this Agreement process, there is n* presumption against any one drafter. 2 Emmanuel J. Estrada Mayor 61 Robert A. LopesU ITEM NO. SA -1 TO: Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of the St GB City of Baldwin Park FROM: Rose Tam, Director of Finance DATE: February 17, 2021 SUBJECT: Treasurer's Report — December 2020 SUMMARY Attached is the Treasurer's Report for the month of December 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 December 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 12/31/2020 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET F� DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE 11 State of California Local Agency Investment Fund (LAIF) 33,795,665.40 Cash with Bank of the West City Checking 2,618,514.61 Money Market Plus 42,689.14 City -Including General Fund & all other Special Revenue Funds 0.540% Varies Varies $ 26,772,390.23 $ 26,772,390.23 $ 26,772,390.23 $ 26,772,390.23 Housing Authority 0.540% Varies Varies 14,057.46 14,057.46 14,057.46 14,057.46 26,786,447.69 26,786,447.69 26,786,447.69 26,786,447.69 Certificate of Deposit Citibank National Association (Mutual Securities) 2.65% 1/2512019 1/25/2021 250,000.00 250,000.00 250,000.00 250,450.00 250,000.00 250,000.00 250,000.00 250,450.00 US Bank - Debt Service Trustee Accounts Fiscal Agent Funds (TrusVDebt Service Fund) Varies Varies Varies 6,759,208.07 6,759,208.07 6,759,208.07 6,759,208.07 Fiscal Agent Funds - Successor Agency (Trust/Debt Service Fund] Varies Varies Varies 9.64 9.64 9.64 9.64 6,759,217.71 6,759,217.71 6,759,217.71 6,759,217.71 $ 33,795,665.40 $ 33,795,665.40 $ 33,795,665.40 $ 33,796,115.40 Total Investments $ 33,795,665.40 Cash with Bank of the West City Checking 2,618,514.61 Money Market Plus 42,689.14 City Miscellaneous Cash 63,102.04 Successor Agency 167,870.30 Housing Authority 497,551.73 Financing Authority 11,700.00 Total Cash with Bank of the West 3,401,427.82 Investment Brokerage Capital Reserves (Divdend Option Cash) 257,688.99 Total Cash and Investments $ 37,454,782.21 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 Commission of the City of Baldwin Park". There was one investment maturity and no purchase transactions made for the month of December 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: Rase Tt1tt1 Director of Finance ITEM NO. SA -2 TO: Honorable Chair and Board Members of the Successor Agency ,HU OF" r r to the Dissolved Community Development Commission of The City of Baldwin Park BRIE'L LLEV =. n FROM: Rose Tam, Director of Finance JANO DATE: February 3, 2021 SUBJECT: Successor Agency To The Dissolved Community Development Commission of The City of Baldwin Park Warrants and Demands SUMMARY Attached is the Warrants and Demands Register for the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the Board ratify the attached Warrants and Demands Register. FISCAL IMPACT The total of the attached Warrants Register for Successor Agency of the City of Baldwin Park was $4250.00. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous meeting and the following is a summary of the payment released: 1. The November 10 to January 25, 2021, Successor Agency Warrant with check number 13562 in the total amount of $4250.00 was made on behalf of Successor Agency of the City of Baldwin Park constituting of claim and demand against the Successor Agency of the City of Baldwin Park, are herewith presented to the City Council as required by law, and hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Check Register Payment Number 13562 13562 City of Baldwin Park, CA Check Register By (None) Payment Dates 11/10/2020 - 1/25/2021 Payment Date Vendor Name Description (item) Account Number Amount 12/22/2024 A-1 CONCRETE & CONSTRUCT REPLACEMENT OF PUBLIC CO 890-50-520-58100-15101 3,414.13 12/22/2020 A-1 CONCRETE & CONSTRUCT REPLACEMENT OF PUBLIC CO 890-50-520-58100-15101 835.87 Grand Total: 4,250.04 7./2_)/2€121 1.39,'?t Pro. - -_ E Check Register Fund Summary Fund 890- LOW -MOD INCOME HOUSING Grand Total: Account Number 894-50-520-58100-15101 Account Summary Account Name CONTRACT SERVICES Grand Total: Project Account Summary Project Account Key **None** Grand Total: Payment Dates: 11/10/2020 - 1/25/2021 Report Summary Payment Amount 4,250.00 4,250.00 Payment Amount 4,250.00 ��_4,250.00 Payment Amount 4,250.00 4,250.00 ...... ...... /. ',/021 t;;t9;?1 PM. AGENDA BALDWIN PARK FINANCE AUTHORITY VIRTUAL MEETING February 17, 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 leALD 0, H U ff 0 X. ....... . ... 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 February 17, 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 February 17 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 — December 2020 Staff recommends that the Board receive and file the Treasurer's Report for December 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 11th day of February, 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 February 17, 2021 Treasurer's Report — December 2020 SUMMARY Attached is the Treasurer's Report for the month of December 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 December 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: o r 'r�y ...as',,. FROM: ko DATE: JANOa SUBJECT: ITEM NO. 1 Honorable Chair and Board Members of the Financing Authority Rose Tam, Director of Finance February 17, 2021 Treasurer's Report — December 2020 SUMMARY Attached is the Treasurer's Report for the month of December 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 December 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 12/31/2020 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET F� DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE 11 State of California Local Agency Investment Fund (LAIF) 33,795,665.40 Cash with Bank of the West City Checking 2,618,514.61 Money Market Plus 42,689.14 City -Including General Fund & all other Special Revenue Funds 0.540% Varies Varies $ 26,772,390.23 $ 26,772,390.23 $ 26,772,390.23 $ 26,772,390.23 Housing Authority 0.540% Varies Varies 14,057.46 14,057.46 14,057.46 14,057.46 26,786,447.69 26,786,447.69 26,786,447.69 26,786,447.69 Certificate of Deposit Citibank National Association (Mutual Securities) 2.65% 1/2512019 1/25/2021 250,000.00 250,000.00 250,000.00 250,450.00 250,000.00 250,000.00 250,000.00 250,450.00 US Bank - Debt Service Trustee Accounts Fiscal Agent Funds (TrusVDebt Service Fund) Varies Varies Varies 6,759,208.07 6,759,208.07 6,759,208.07 6,759,208.07 Fiscal Agent Funds - Successor Agency (Trust/Debt Service Fund] Varies Varies Varies 9.64 9.64 9.64 9.64 6,759,217.71 6,759,217.71 6,759,217.71 6,759,217.71 $ 33,795,665.40 $ 33,795,665.40 $ 33,795,665.40 $ 33,796,115.40 Total Investments $ 33,795,665.40 Cash with Bank of the West City Checking 2,618,514.61 Money Market Plus 42,689.14 City Miscellaneous Cash 63,102.04 Successor Agency 167,870.30 Housing Authority 497,551.73 Financing Authority 11,700.00 Total Cash with Bank of the West 3,401,427.82 Investment Brokerage Capital Reserves (Divdend Option Cash) 257,688.99 Total Cash and Investments $ 37,454,782.21 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 Commission of the City of Baldwin Park". There was one investment maturity and no purchase transactions made for the month of December 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: Rase Tt1tt1 Director of Finance AGENDA BALDWIN PARK HOUSING AUTHORITY VIRTUAL MEETING February 17, 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 ?'ED J ANN03 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 February 17, 2021 to comments@baldwingark.com. gark.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 February 17, 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 — December 2020 Staff recommends that the Board receive and file the Treasurer's Report for December 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 11th day of February, 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 V-- �. ®' oTO: Honorable Chair and Board Members of the Housing Authority OF` ? FROM: Rose Tam, Director of Finance " DATE: February 17, 2021 SUBJECT: Treasurer's Report — December 2020 Q1 inenenw Attached is the Treasurer's Report for the month of December 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 December 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 12/31/2020 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET F� DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE 11 State of California Local Agency Investment Fund (LAIF) 33,795,665.40 Cash with Bank of the West City Checking 2,618,514.61 Money Market Plus 42,689.14 City -Including General Fund & all other Special Revenue Funds 0.540% Varies Varies $ 26,772,390.23 $ 26,772,390.23 $ 26,772,390.23 $ 26,772,390.23 Housing Authority 0.540% Varies Varies 14,057.46 14,057.46 14,057.46 14,057.46 26,786,447.69 26,786,447.69 26,786,447.69 26,786,447.69 Certificate of Deposit Citibank National Association (Mutual Securities) 2.65% 1/2512019 1/25/2021 250,000.00 250,000.00 250,000.00 250,450.00 250,000.00 250,000.00 250,000.00 250,450.00 US Bank - Debt Service Trustee Accounts Fiscal Agent Funds (TrusVDebt Service Fund) Varies Varies Varies 6,759,208.07 6,759,208.07 6,759,208.07 6,759,208.07 Fiscal Agent Funds - Successor Agency (Trust/Debt Service Fund] Varies Varies Varies 9.64 9.64 9.64 9.64 6,759,217.71 6,759,217.71 6,759,217.71 6,759,217.71 $ 33,795,665.40 $ 33,795,665.40 $ 33,795,665.40 $ 33,796,115.40 Total Investments $ 33,795,665.40 Cash with Bank of the West City Checking 2,618,514.61 Money Market Plus 42,689.14 City Miscellaneous Cash 63,102.04 Successor Agency 167,870.30 Housing Authority 497,551.73 Financing Authority 11,700.00 Total Cash with Bank of the West 3,401,427.82 Investment Brokerage Capital Reserves (Divdend Option Cash) 257,688.99 Total Cash and Investments $ 37,454,782.21 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 Commission of the City of Baldwin Park". There was one investment maturity and no purchase transactions made for the month of December 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: Rase Tt1tt1 Director of Finance