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HomeMy WebLinkAbout06.02.21 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, June 2, 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 THE COUNCIL CHAMBER IS CLOSED TO THE PUBLIC IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS Dated: May 27, 2021. i Emm J. Estrada rns, Mayor AFFIDAVIT OF POSTING 1, 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 June 2, 2021. Marlen Garc* City Clerk AGENDA BALDWIN PARK CITY COUNCIL SPECIAL VIRTUAL MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 June 2, 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.11www.youtube.comlchannellUCFLZO dQFH Fg1featured?view as=subscriber jy59rhiQZ13_ _ http.-Abaldwinpark. granicus. comlViewPublisher. 12hp ?view id=10 Audio Streaming Simultaneously in Spanish will be available at: https.11www.youtube.comlchannellUC3bPFBIHcoPIksIX etmGcA SA H U F 16, 'N Tk ..... ..... SAN" IEL '?,V A L kD JAgx* 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 COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al p6blico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda. agenda. In accordance with Chapter 39 of the De acuerdo con e/ capitulo 39 del C6digo Municipal Baldwin Park Municipal Code, Speakers must de la Ciudad de Baldwin Park, los comentaros deben address the Council as a whole and refrain se dirigidos al Concilio como una sola entidad, y no from making impertinent, slanderous, or ser impertinentes, difamatorios, o profanos, o profane remarks or disrupt the peace of the interrumpir la paz de la reuni6n. meeting. L� I CITY COUNCIL SPECIAL VIRTUAL MEETING – 5:00 P.M. CALL TO ORDER: ROLL CALL: Council Members: Daniel Damian, Monica Garcia, Paul C. Hernandez, Mayor Pro Tern Alejandra Avila, and Mayor Emmanuel J. Estrada PUBLIC COMMUNICATIONS If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 5:00 PM to 6:00 PM on June 2, 2021 to commentsp_baldwingark.com. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. In order to provide all with an equal opportunity to voice their concerns, staff needs time to compile and sort speaker cards received. As such, we respectfully request that you email your information between the posting of this agenda and 3:00 PM on June 2, 2021. If you are a non-English Speaker and require translation services in another lanauaae 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 SESSIONISTUDY SESSION Budget Presentation Presented by Rose Tam RECESS TO CLOSED SESSION 1. Real Property Negotiations Pursuant to Government Code §54956.8: A. Property: 14030 Live Oak Avenue Negotiating Parties: City of Baldwin Park and Tony Kim and Shaun Szameit, Baldwin Park Distribution and Devise Distribution LLC B. Property: 14521 Ramona Boulevard Negotiating Parties: City of Baldwin Park and Valley County Water District 2. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: John Doe 1 v. John Doe S.V Case No. 20STCV37963 Case Name: Michael Hemmingway et al. v. City of Baldwin Park Case No. 21STCV07382 Case Name: Jason Adams et al. v. City of Baldwin Park Case No. 21 STCV0742 3. Conference With Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government LCode Section 54956.9: Potential Case(s): Five (5) 4. 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. 1. 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 Artern 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. 0. 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, LILC Avenue (APNs: 8550-020-079, 080, 081, 084, 085, 086 and 087) RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION 1, 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 June 2, 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 ImoralesCa)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 BALDWIN PARK CITY COUNCIL REGULAR VIRTUAL MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91701 June 2, 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 dQERy59rhiQZ13Fa1featured?view as=subscriber j _L_ http.-Ilbaldwinpark. granicus. comlViewPublisher. Php ?view id=10 Audio Streaming Simultaneously in Spanish will be available at: ht�ps:llwww.voutube.com/�hannel/UC3bPFBIHcoPIks]X qetmGcA Emmanuel J. Estrada Alejandra Avila Daniel Damian Monica Garcia . Mayor - Mayor Pro Tern . Council Member - Council Member Paul C. Hernandez - Council Member PLEASE TURN OFF ALL ELECTRONIC DEVICES DURING THE MEETING. PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the COMENTARIOS DEL PUBLICO Se invita al p6blico a dirigirse al Concilio a cualquier otra de sus Agencias nombradas en esta agenda, para hablar sabre cualquier asunto publicado en la agenda a cualquier tema que est6 bajo su jurisdicci6n. De acuerdo con e/ capitulo 39 del C6digo Municipal de la Ciudad de Baldwin Park, los comentaros deben se dirigidos al Concilio coma una sola entidad, y no ser impertinentes, difamatorios, a profanos, a interrumpir la paz de la reuni6n. 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 Tern Alejandra Avila, and Mayor Emmanuel J. Estrada REPORT FROM CLOSED SESSION ANNOUNCEMENTS PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Pride Month Proclamation Presented to San Gabriel Valley LGBTQ Center Presented to Board President, San Gabriel Valley LGBTQ Center Camila Camale6n Oath of Office of Incoming CEO/City Manager Officiated to incoming Chief Executive Officer/City Manager Enrique C. Zaldivar Retirement Plaque in Honor of Outgoing CEO/City Manager Presented to outgoing Chief Executive Officer/City Manager Shannon Yauchzee 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 June 2, 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 June 2 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. City of Baldwin Park's Warrants and Demands Staff recommends that the City Council ratify the attached Warrants and Demands Register. City Council Agenda Page 2 2. Meeting Minutes Staff recommends that the City Council approve meeting minutes for the following City Council Meetings: Special City Council Meeting of May 19, 2021. Regular City Council Meeting of May 19, 2021. 3. Approve an Industrial Disability Retirement (IDR) Claim for Raymond Findley Staff recommends that the City Council approve the IDR. 4. Renewal of a Consultant Services Agreement with Keller Williams Covina, for Real Estate Services Staff is recommending that the City Council: 1. Consider and approve the extension of a Consultant Services Agreement with Keller Williams Covina; and 2. Authorize the Mayor and City Clerk to execute the Consultant Services Agreement. 5. Approve Request -for -Service Proposals for Design Services and Construction Management for the Citywide Traffic Signal Battery Backup System Project from Infrastructure Engineers, Inc. (11E) and for Design Services for Traffic Signal Modifications at the intersection of Merced Avenue and Vineland Avenue from Willdan Engineering It is Staff's recommendation that the City Council: 1 . Authorize the Director of Finance to appropriate $23,746 from LLMD Fund; and 2. Authorize the Director of Public Works to execute the RFS proposals from Infrastructure Engineers (IE) in the amount of $121,420 for the completion of the plans, specifications and estimate (PS&E) and construction management services for the Citywide Traffic Signal Battery Backup System Project; and 3. Authorize the Director of Public Works to execute the RFS proposal from Willdan Engineering in the amount of $23,746 for the completion of the PS&E for the design services for the Traffic Signal Modifications Project at the intersection of Merced Ave. and Vineland Ave. 6. Request to Approve Maintenance Contract for Police Radio System Consoles Staff recommends City Council approval to: 1. Authorize the Director of Finance to appropriate up to $19,117.35 from the Federal Asset Forfeiture account #205.30.340.53371.00000. 2. Authorize the Chief of Police, or his designee, to complete all appropriate documentation necessary to complete the project. 7. Approval of Agreements for Overflow and as Needed Legal Services Staff recommends that the City Council approve agreements with the firms indicated and authorize the Mayor and City Clerk to execute agreements with each firm. City Council Agenda Page 3 PUBLIC HEARING 8. Public Hearing and Adoption of Resolution No. 2021-020, Ordering the Assessments for the Citywide Landscaping and Lighting Maintenance Assessment District for FY2020-2021 Staff recommends that Council hold a Public Hearing, and after considering testimony, adopt Resolution No. 2021-020, entitled "A Resolution of The City Council of The City of Baldwin Park, California, Ordering the Annual Levy and Collection of Assessment Associated with Citywide Landscaping and Lighting Maintenance Assessment District for FY2021-2022, and Authorizing the Los Angeles County Assessor to Add this Special Assessment to the Property Tax Bills." 9. Public Hearing and Adoption of Resolution No. 2021-021, Ordering the Assessments for the Citywide Park Maintenance District for FY2021-2022 Staff recommends that the Council hold a Public Hearing and after considering testimony, adopt Resolution No. 2021-021 entitled "A Resolution of The City Council of The City of Baldwin Park, California, Ordering the Annual Levy and Collection of Assessment Associated with the Citywide Park Maintenance Assessment District for FY2021-2022, and Authorizing the Los Angeles County Assessor to Add this Special Assessment to the Property Tax Bills." CITY COUNCIL / CITY CLERK I CITY TREASURER / STAFF REQUESTS & COMMUNICATION Request by Council Member Damian Council Member Damian requests City Council discussion and direction on the start-up of the 2021 Baldwin Park Summer Street Fair Series and implementation of a grant program, using American Rescue Plan funding, for Baldwin Park businesses to participate in the event. After discussion, Council Member Damian may request the City Council entertain motions. Council Member Damian requests City Council discussion of a collaboration with the City & BPUSD to create regarding a Mental Awareness walk from City Hall to Baldwin Park Performing Arts Center on Saturday, August 7, 2021 from 9:00 am - 2:00 pm. The proposed event will bring mental awareness to the community, encourage residents to seek assistance and remove the stigma associated with the illness and assistance pertaining to post traumatic stress syndrome (PTSD) and also highlight the American Legion & assist the legion with generating revenue. After discussion, Council Member Damian may request the City Council entertain motions. WAK-02M City Council Agenda Page 4 CERTIFICATION 1, Marlen Garcia, City Clerk of the City of Baldwin Park perjury under the laws of the State of California that the City Hall bulletin board not less than 72 hours prior to the 2021. �?A&A*,IAuZ Marlen Garcia City Clerk hereby certify that, under penalty of foregoing agenda was posted on the meeting. Dated this 27 th day of May, For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e -mai at Lmorales@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 11) City Council Agenda Page 5 ITEM NO. 1 TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance 0 - , � - 111, 1_11� -I - - 1 0 DATE: June 2, 2021 SUBJECT: City of Baldwin Park's Warrants and Demands A11MMARY 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 $426,491.18 and the attached General Warrants Register was $578,615.79 for a total amount of $1,005,106.97. 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 201094 to 201099 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 26990 to 27185 for the period May 2, 2021 through May 15, 2021, inclusive; these are presented and hereby ratified in the amount of $426,491.18. 2. General Warrants, with the bank drafts in the amount of $12,654.73 and checks from 232527 to 232694 in the amount of $565,961.06 for the period of May 11, 2021 to May 20, 202 1, inclusive; in the total amount of $578,615.79 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 C,1 r C> In 0 0, C� 't N I=, C:, In C� cmI C� C:, In C� C:� m ol c-1 Ir� C:, C� C) 't (:, C� C:, C:, n r - C! :� C� C� C� Ct C� C� C� oe� C� 0) q 9 `� c� c� c� "I n 0� C� C� Q oe! 0� C� C� C� 11� C� C� C� al t-1 11 CO cl� � � o =I �� g , V-C�M�o C:� 1�11 C> In � W CO � C* <h C11 C) C11 01 M I C> 0 It -4 �O t, .001.01 1. 12 It 'o I'D cc> I'D I'D . . . . � en %0 In �t � I N N CC In In 10 <D In (ON cl rl C, N In cc) e,) 4D — - — — — — - - — — — — — - - — — - — — — - - — — - - CD C) C> C) C, C:0 C:- C� C� C� I=I =I C�> C:, C� C. 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M In M Iq M M In M In Cl) M In M "� m M m m "I c,l N cq N L'i N rl (,I clt (,I ct N N N cli c1l N cq N cli 111 ('1 rl (It (14 ol cl r1l cl If4r3p,11 TO: Honorable Mayor and Members of the City Council ,HU �OF" FROM: Lourdes Morales, Chief Deputy City Clerk SA�64�R:IEL DATE: June 2, 2021 rkzo�j 10 SUBJECT: Meeting Minutes SUMMARY The City Council held Special and Regular City Council Meetings on the dates listed below. RECOMMENDATION Staff recommends that the City Council approve meeting minutes for the following City Council Meetings: Special City Council Meeting of May 19, 2021. Regular City Council Meeting of May 19, 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 City Council Meeting of May 19, 2021. 2. Regular City Council Meeting of May 19, 2021. MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING May 19, 2021, 7:00 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 dDFRiy59rhiQZ13Fg/featured?view as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view id=10 CALL TO ORDER The meeting was called to order 7:27 PM by Mayor Estrada. INVOCATION The invocation was provided by Dr. Paul Flores. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Estrada ROLL CALL City Clerk Garcia performed roll call: MEMBERS PRESENT: Council Member Danny Damian Council Member Monica Garcia Mayor Pro Tern Alejandra Avila Mayor Emmanuel J. Estrada MEMBERS ABSENT: Council Member Paul C. Hernandez MOTION: it was moved by Mayor Estrada, seconded by Council Member Damian to excuse Council Member Hernandez from the meeting. Motion carried by unanimous consent. REPORT ON CLOSED SESSION City Attorney Robert N. Tafoya announced no reportable action was taken. ANNOUNCEMENTS City Council Members are also members of the Board of Directors of the Housing Authority, and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Proclamation in Honor of City Clerk Week Presented to City Clerk Marlen Garcia Alejandra Avila thanked Marlen Garcia and Lulu Morales for the wonderful job they do. City Clerk Garcia and Chief Deputy City Clerk Morales thanked Council for the recognition. Proclamation in Honor of Public Works Week Presented to Public Works Director Sam Gutierrez Director of Public Works Sam Gutierrez thanked his staff. Proclamation in Honor of Older Americans Month Presented to Recreation & Community Services Mayor Estrada thanked the seniors and commented on the food bank. Certificate in Honor of 2021 Senior of the Year Presented to Mark Anthony Mark Anthony expressed his gratitude. 2021 Arbor Day Sidewalk Chalk Art Contest Certificate of Recognition Presented to Students The City Council and a representative from Assembly Member Blanca Rubio's office presented proclamations and provided certificates of recognition to all of the above. PUBLIC COMMUNICATIONS Mayor Estrada opened Public Communications at 7:45 PM. John Rios: Spoke on BPROUD, not fair for the residents. Expressed his concern on the street vendor item on the agenda. Greg Tuttle: Wanted to make clear that his comments are for Garcia, Hernandez and Avila. Spoke on BPROUD, stating the city needs to get out of it. He also spoke on the police cameras, stating it's not a good idea and waste of money. Javier Navarro: Shout out and thank you to Irma Garcia and her staff at the Sr. Center for their outstanding job on the food program for the seniors. Justo Vicente: Attempted to call this individual two times with no success. Regular Meeting of 05/19/21 Page 2 of 8 Katherine Loeser: May 1 1th reopened for in person service. Opened certain days of the week and continue with sidewalk services. May celebration on Asian Pacific Heritage Month and Dancing Storytellers, Melody of China, SF China Town, a Minecraft Tour. All events are found at the library's website. May Foster Youth Cards will be available for foster youth. Mayor Estrada closed public communications at 8:39 PM. CONSENT CALENDAR All items listed under the consent calendar are considered to be routine business by the Council Members and were approved with one motion. Item No.'s 4,7,8, and 9 were pulled from the consent calendar for separate consideration. MOTION: It was moved by Mayor Estrada, seconded by Mayor Pro Tern Avila to approve the remainder of the Consent Calendar. Motion carried by unanimous consent. 1. City of Baldwin Park's Warrants and Demands The City Council ratified the attached Warrants and Demands Register. 2. Treasurer's Report — March 2021 The City Council received and filed the Treasurer's Report for March 2021. 3. Meeting Minutes The City Council approved meeting minutes for the following City Council Meetings: Special City Council Meeting of April 19, 2021. Special City Council Meeting of May 5, 2021. Regular City Council Meeting of May 5, 2021. Pulled for Separate Consideration 4. Authorization to Appropriate Funding for a Summer Childcare Subsidy Program Recreation and Community Services Director Manny Carrillo explained the purpose of the report; free child care for 84 participants, for a 9 week period and must meet requirements. Mayor Pro Tern Avila commented on this program favorably and expressed how this program will help many parents in the city. MOTION: It was moved by Mayor Estrada, seconded by Mayor Pro Tern Avila to authorize the Director of Finance to appropriate funding from the American Rescue Plan Act of 2021 allocation for the Childcare Subsidy Program; and authorize the Director of Recreation & Community Services to coordinate all elements associated with the Program. Motion carried by unanimous consent Regular Meeting of 05/19/21 Page 3 of 8 5. Approval of a Professional Services Agreement with CWE for Design Services for the City of Baldwin Park's Barnes Park Regional EWMP (Enhances Watershed Management Program) The City Council approved the Professional Services Agreement with CWE in the amount of $709,853 plus a contingency amount of $106,447 for a total amount of $816,300; and authorized the Mayor and City Clerk to execute the contract with CWE for design services of the City of Baldwin Park's Barnes Park Regional EWMP Project. 6. Approve Final Tract Map No. 74525 to Subdivide One (1) Lot into Seventeen (17) Lots to Facilitate the Construction of Sixteen (16) Attached Condominium Units and One (1) Common Lot The City Council accepted the Final Tract Map No. 74525 and authorized the City Clerk and staff to sign the Final Tract Map. Pulled for Separate Consideration 7. Ratify and Adopt A Resolution to Update the City of Baldwin Park Comprehensive Pay Schedule in Accordance with Cal PERS Established Guidelines and Approve the Employment Agreement with Enrique Zaldivar for the Position of Chief Executive Officer Mayor Pro Tern Avila explained the extensive recruitment process and expressed her excitement in approving this item stating Council agreed on this candidate as a whole. MOTION: It was moved by Mayor Pro Tern Avila, seconded by Mayor Estrada to approve the Employment Agreement with Enrique Zaldivar for the position of Chief Executive Officer and direct the Mayor and City Clerk to execute it; and approve, ratify and adopt Resolution No. 2021-017 approving the Comprehensive Pay Schedule reflecting the salary range of the Chief Executive Officer. Motion carried by unanimous consent Pulled for Separate Consideration 8. Ratify and Adopt a Resolution to Update the City of Baldwin Park Job Classification Plan and Approve Revisions to the Police Officer Class Specification Mayor Pro Tern Avila explained that item #8 is focused on our police department and asked the Chief to elaborate further on this item. The Chief stated it's focused on law enforcement accountability and to make the community a safer place to live, work and visit; and meets and is in compliance with the state and federal guidelines. MOTION: It was moved by Council Member Avila, seconded by Mayor Estrada to approve, ratify, and adopt Resolution No. 2021-2018 authorizing an amendment to the job classification plan to include revisions to the Police Officer class specification. Motion carried by unanimous consent. Regular Meeting of 05/19/21 Page 4 of 8 Pulled for Separate Consideration 9. Request for Authorization to Purchase Body -Worn Cameras and In -Car Video Mayor Pro Tern Avila clarified that these cameras would be for police cars and was unsure as to why previously installed cameras were removed. She deferred to the Chief and requested he explain the process to select this particular vendor. Chief Lopez clarified the reasons for this particular vendor/camera and stated one of the main reasons was the updated technology this camera offers. Additionally, the Chief stated training would be provided to the officers on how to utilize these cameras. Chief also clarified the source of this funding. Chief Executive Officer Yauchzee advised that the old cameras were over 10 years in service, outdated and no longer serviceable and affirmed the new system is supported with software. MOTION: It was moved by Mayor Pro Tern Avila, seconded by Mayor Estrada to authorize the Police Department to purchase the Body -Worn Cameras and In -Car Video equipment; and authorize the use of $100,000 from CIP 21-186 Law Enforcement Development Impact, account #208-30-340-58110-13026; and authorize the Director of Finance to appropriate $453,027.47 funding from the American Rescue Plan Act; and authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchase and installation. Motion carried by unanimous consent. 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. MOTION: It was moved by Mayor Estrada, seconded by Council Member Damian to approve the remainder of the Consent Calendar. Motion carried by unanimous consent. SA -1 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Treasurer's Report — March 2021 The Board received and filed the Treasurer's Report for March 2021. PUBLIC HEARING 10. Adoption of Resolution No. 2021.019 Adjusting Rates for Baldwin Park Resident Owned Utility District Mayor Estrada opened the Public Hearing at 8:17 PM and asked City Clerk Garcia if any comments were received in favor or opposition of this item. City Clerk Garcia announced no comments were received. Mayor Estrada closed the Public Hearing at 8:18 PM. Regular Meeting of 05/19/21 Page 5 of 8 MOTION: It was moved by Mayor Estrada, seconded by Council Member Damian to table the item to June 16 for further consideration. Motion carried by unanimous consent. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION Request by Mayor Emmanuel J. Estrada: 0 Mayor Estrada requests City Council discussion and direction of a Fourth of July event this year considering COVID-19 restrictions, budgeting, and planning of the event. After discussion, Mayor Estrada request the City Council to entertain motions. Director Manny Carrillo explained the steps he has taken to host this event. Due to the 1h lateness of planning this event, if the city decides to host the event on Sunday, July 4 , the cost would be $25,000. If event is to be scheduled on Saturday, July 3rd' the cost would be $20,000. The event would be held at SVHS and the occupancy due to COVID- 19 would be at 67%. This may change as the date nears. This would also allow the possibility to provide vaccines by Garfield Health Center. Total allocation for this event would be $61,000. Mayor Pro Tern Avila expressed concerns with non -vaccinated individuals attending, staff being overworked and lack of staff. Director Carrillo offered to plan a street market event that would start in August, therefore, allowing the department to hire the needed staff for future events. Mayor requested that he work with Garfield Health Center to engage them in vaccination outreach. Mayor Estrada requests City Council discussion and direction to staff regarding the development of the parking lot owned by the City of Baldwin Park located at Morgan Street and Laurens Avenue considering retail and/or mixed land uses. After discussion, Mayor Estrada request the City Council to entertain motions. The City Council agreed it is important to think out of the box with new development in the City, begin alternate discussions on developing this area and creating a genuine downtown feel for this location, despite the historical challenges of promoting this property. MOTION: It was moved by Mayor Estrada, seconded by Council Member Damian, to direct staff to begin the process of attracting development in the downtown area. Motion carried by unanimous consent. Regular Meeting of 05/19/21 Page 6 of 8 Xkequest by Mayor Pro Tem Avila: Mayor Pro Tern Avila requests City Council discussion and direction to staff to modify the City's policy for street vendors and bring back the updated course of action for adoption at an upcoming regularly scheduled meeting. After discussion, Mayor Pro Tern Avila request the City Council to entertain motions. Mayor Pro Tern Avila requested to revisit the existing ordinance on this subject and ensure the vendors are receiving assistance from the city on the process of securing a license for vending purposes. MOTION: It was moved by Mayor Pro Tern Avila seconded by Mayor Estrada to revisit the current ordinance and bring back options for street vendors. Motion carried by unanimous consent. Mayor Pro Tern Avila requests City Council discussion and direction to staff to hold a staff appreciation day to thank employees for their hard work and efforts during the pandemic. After discussion, Mayor Pro Tern Avila request the City Council to entertain motions. Mayor Pro Tern Avila stated due to the strong work by city staff during this last year, it's important to have a staff appreciation day and not only once but throughout the year. MOTION: It was moved by Mayor Pro Tern Avila, seconded by Mayor Estrada to dedicate an appreciation day for staff. Motion carried by unanimous consent. rd Mayor Pro Tern Avila invited all staff to Staff Appreciation Day on June 3 , from 1 1AM-2PM and stated the event would provide an opportunity to thank Shannon for his years of service and congratulate him on his retirement. The City Council recessed into closed session at 9:06 p.m. The City Council reconvened into open session at 9:39 p.m. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Estrada, seconded by Mayor Pro Tern Avila, to adjourn the meeting at 9:40 p.m. Mayor: Regular Meeting of 05/19/21 Page 7 of 8 ATTEST: Emmanuel J. Estrada, Mayor Marlen Garcia, City Clerk Regular Meeting of 05/19/21 Page 8 of 8 MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING May 19, 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 dDFRiy59rhiDZ13Fg/featured?view as=su hscriber CALL TO ORDER The meeting was called to order at 5:07 PM by Mayor Estrada. ROLL CALL City Clerk Garcia performed roll call: PRESENT: Council Member Danny Damian Council Member Monica Garcia Mayor Pro Tern Alejandra Avila Mayor Emmanuel J. Estrada MEMBERS ABSENT: Council Member Paul C. Hernandez MOTION: It was moved by Mayor Estrada, seconded by Council Member Damian to excuse Council Member Hernandez from the meeting. Motion carried by unanimous consent. PUBLIC COMMUNICATIONS Mayor Estrada opened Public Communications at 5:08 PM. Greg Tuttle expressed concerns with the BPROUD proposed increased rates. Mayor Estrada closed Public Communications at 5:12 PM. OPEN SESSION BPROUD Presentation Presented by Barbara Boswell Chief Executive Officer Shannon Yauchzee provided an overview of the presentation. Discussion was held amongst staff and the City Council concerning the 10 year projection increase, revenue, and funding source. Council expressed concerns with the increase and requested past documentation of this program be Special Meeting of 5/19/21 Page 1 of 4 provided to the City Council for further review as the presentation from today's meeting didn't coincide with previous presentations. The City Council recessed into closed session at 5:39 PM. 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: John Doe 1 v. John Doe S.V Case Name: Michael Hemmingway et al. v. City of Baldwin Park Case Name: Jason Adams et al. v. City of Baldwin Park et al. v. City of Baldwin Park Case Name: Hadsell v. City of Baldwin Park Case Name: Herrera v. City of Baldwin Park Case No. 20STCV37963 Case No. 21 STCV07382 Case No. 21STCV07429 Case No. BC548602 Case No. 20STCV1 1521 2. 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) 3. Real Property Negotiations Pursuant to Government Code §54956.8: A. Property: 14030 Live Oak Avenue Negotiating Parties: City of Baldwin Park and Tony Kim and Shaun Szameit, Baldwin Park Distribution and Devise Distribution LLC Property: 14521 Ramona Boulevard Negotiating Parties: City of Baldwin Park and Valley County Water District Property: 13075 Garvey Avenue Negotiating Parties: City of Baldwin Park and Kurt Parra, Don Verde, LLC Special Meeting of 5/19/21 Page 2 of 4 4. Real Property Negotiations Pursuant to Government Code §54956.8: B. Property: 4150 Puente Avenue (CAN 17-06) Negotiating Parties: City of Baldwin Park and Shaun Bershatski, RUKLI, Inc. C. Property: 13111 Spring Street & 428 Cloverleaf Drive (CAN 17-07) Negotiating Parties: City of Baldwin Park and Ming Hong Huang, 428 Cloverleaf, LLC. D. Property: 4145 Puente Avenue (CAN 17-01) Negotiating Parties: City of Baldwin Park and Edward Avakyan Jenome Research 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, KuItiv8 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. 1. 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 5/19/21 Page 3 of 4 L. Property: 13460 Brooks Drive (CAN 17-31) Negotiating Parties: City of Baldwin Park and Sigrid Lopez and Artern Karapetyan, Green Health Industries, LLC. M. Property: Negotiating Parties N. Property: Negotiating Parties 0. 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) RECONVENE IN OPEN SESSION The City Council reconvened into open session at 9:39 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 Tern Avila, to adjourn the meeting at 9:40 PM. Emmanuel J. Estrada, Mayor ATTEST: Marlen Garcia, City Clerk F-11 W W -090 :11 Special Meeting of 5/19/21 Page 4 of 4 L 0, TO: Honorable Mayor and Members of the City Council "T E, FROM: Shannon Yauchzee, Chief Executive Office S $EL � "I, I "I", "LE Laura J. Thomas, Human Resources/Risk Manager CD) JANO DATE: June 2, 2021 SUBJECT: Approve an Industrial Disability Retirement (IDR) claim for Raymond Findley Rl IMMARY This report requests City Council's consideration and direction on the Determination of Disability for Raymond Findley as he has filed for an Industrial Disability Retirement (IDR). RECOMMENDATION Staff recommends that the City Council approve the IDR. FISCAL IMPARK There is no immediate fiscal impact with the approval of this IDR. BACKGROUND Mr. Findley retired from his employment effective August 6, 2020, and subsequently submitted a request for an IDR with CaIPERS. Mr. Findley was a Police Sergeant who had been employed by the City of Baldwin Park since October 22, 1995. During his career, he filed one workers compensation claim in 2011. The claim was resolved by Stipulations which included future medical care. The City originally submitted a recommendation to deny Mr. Findley's claim on April 7, 2021, based on the medical information on file at that time. However, after consultation with the City's labor attorney, and further review of clarifying information submitted by Mr. Findley's Worker's Compensation Doctor, both the City and Adminsure agreed that Mr. Findley was in fact permanently disabled at the time of his retirement. The submittal of new medical information reviewed by the City's labor attorney and Adminsure, was a key factor in the City's decision to recommend approval of the IDR. LEGAL REVIEW Legal Review is not required for this item. ALTERNATIVES The alternative is to deny Mr. Findley's IDR. ATTACHMENTS 1. IDR Letter Raymond Findley — CalPERS ID: 5647779043 June 2, 2021 CalPERS Benefit Services Division PO Box 2796 Sacramento, CA 95812-2238 RE: Determination of Industrial Disability Raymond Findley — CalPERS ID: 5647779043 Pursuant to authority delegated to me by action of the City Council of the City of Baldwin Park, California (hereinafter referred to as Agency) by Resolution No. 2005 048 dated June 1, 2005, under Government Code Section 21173 and after review of medical and other evidence relevant thereto, I hereby determine that Raymond Findley, a local safety member of the Public Employees Retirement System, employed by the Agency, was unable to perform his duties in the position of Police Sergeant within the meaning of the Public Employees Retirement Law from performance. I hereby certify under penalty of perjury that the determination was made based on the competent medical opinion. The member filed a Workers Compensation claim for his disabling conditions. The Worker's Compensation claim has been accepted, and previously resolved by stipulations with request for award and is open for future medical care. The member had one prior claim in 2011. Mr. Findley has permanent disability to his left ankle. I certify that neither the Agency nor the member has filed a petition for determination under Government Code section 21166, to be made by the Workers' Compensation Appeals Board. I hereby certify under penalty of perjury that there is competent medical opinion by Dr. Ryan Culver certifying the disability is expected to be permanent. I hereby certify under penalty of perjury that the determination was not used as a substitute for the disciplinary process. I hereby certify under penalty of perjury that there is competent medical opinion certifying the duration of the disability conditions is expected to be permanent. Raymond Findley — CalPERS ID: 5647779043 Pursuant to such authority, I also determine that there is such incapacity in the result of injury arising out of and in the course of his employment; Mr. Findley was not able to return to his usual and customary position of Police Sergeant. I hereby certify that the member retired from his employment in the position of Police Sergeant. Government Code Section 21164 expired and that no dispute as to the expiration of such leave rights is pending. Mr. Findley's last day on payroll was August 6, 2020. There is no possibility of third party liability in this case. No Advance Disability Pension Payment has been made to Mr. Findley. The member's primary disabling condition is his left ankle. Please direct any questions to: Laura J. Thomas, Human Resources & Risk Manager, 14403 Pacific Ave. Baldwin Park, CA. 91706 (626) 960-4011. Sincerely, Shannon Yauchzee Chief Executive Officer City of Baldwin Park 1=0��ve FROM: ITEM NO. 4 Honorable Mayor and Members of the City Council Benjamin Martinez, Community Development Director June 2, 2021 SUBJECT: Renewal of a Consultant Services Agreement with Keller Williams Covina, for Real Estate Services SUMMARY A request for consideration from the City Council of the City of Baldwin Park to renew and extend a Consultant Services Agreement with Keller Williams Covina ("Consultant") to provide real estate related services for another 36 month period. RECOMMENDATION Staff is recommending that the City Council: 1. Consider and approve the extension of a Consultant Services Agreement with Keller Williams Covina; and 2. Authorize the Mayor and City Clerk to execute the Consultant Services Agreement. FISCAL IMPACT There is no direct fiscal impact to the General Fund with the execution of this agreement. All compensation for the Consultant will be based on commissions earned from any real estate transactions by the City. In most cases this commission will be paid by the seller. BACKGROUND At the July 18, 2018 City Council meeting an agreement was approved and executed for Keller Williams Covina and their Broker Associate Carolina Ruiz to provide real estate related services with a term of 36 months. In those 36 months Ms. Ruiz has proven to be a valuable asset to the city and was instrumental in facilitating a number of transactions. This includes the purchase of the Red Car building and the property at 14824 Ramona Blvd. In addition, she has provided other real estate services such Broker Opinions of Values (BOV), obtained title reports, provide expert analysis and feedback for potential development opportunities, referrals for other real estate professionals, and inquired about potential sale opportunities on behalf of the city. Ms. Ruiz also provides these services at no cost to other cities and private organizations. As with the other cities she works with, Ms. Ruiz offers to provide these services at no cost to the city but would receive a commission on any real estate transactions made with her as the city's representative if and when a sale is consummated. Based on staff's positive experience with Ms. Ruiz, her extensive real estate background and knowledge of the local real estate market staff is recommending that City Council approve a new Consultant Services Agreement with Keller Williams Covina for a period of 36 months. ALTERNATIVES The City Council may elect not to move forward with the Consultant Services Agreement with Keller Williams Covina. LEGAL REVIEW The City Attorney has reviewed the Consultant Services Agreement with Keller Williams Covina and approved it as to form. ATTACHMENTS 1. Keller Williams Covina's Consultant Services Agreement with Scope of Services Keller Williams Covina Consultant Services Agreement Page 1 of 6 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 4-&2 day of �,LuneJWy, 202148 by and between the City of Baldwin Park, ("City"), and Keller Williams Covina ("Consultant"). In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows: 1 . SCOPE OF SERVICES. Consultant agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" attached to and incorporated into this Agreement as Exhibit "A." Duration of Scope of Services may be extended on a month-to-month basis, but shall not exceed the total compensation. 2. COMPENSATION. City shall pay for the services performed by Consultant pursuant to the terms of this Agreement at the time and manner set forth in the "Schedule of Compensation" attached to and incorporated into this Agreement as Exhibit "A." 3. TIME FOR PERFORMANCE. Consultant shall perform the services above described in a timely manner in accordance with the professional standard practices but in any event no later than 36 months from the date this agreement is entered to. 4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel, equipment and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. Consultant shall be free to contract for similar services to be performed for other entities while under contract with City. Consultant is not an agent or employee of City, and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Consultant shall be responsible to defend the City and pay and hold City harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder. 6. ASSIGNMENT. This Agreement is for the specific services with Consultant as set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void; except that Consultant may assign payments due under this Agreement to a financial institution. 7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform work similar to the Services provided herein. 8. COMPLIANCE WITH LAW. Contract services shall be provided in accordance with the applicable time services are staying abreast of laws and regulations of all governmental agencies that are in force at the performed. Consultant shall be responsible for becoming aware of and all such laws and ensuring that all services provided hereunder conform to Keller Williams Covina Consultant Services Agreement Page 2 of 6 such laws. The terms of this Agreement shall be interpreted according to the laws of the State of California. 9. LIABILITY. Consultant shall defend, indemnify, and hold harmless City, its officials, officers, and employees against any and all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, and any judgment rendered against City and/or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity arising out of Consultants' negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, negligent acts or omissions of Consultant, it's agents, employees, subcontractors or invitees. This indemnity clause shall apply even if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents or employees. 10. INSURANCE. Consultant shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent Consultants' liability) with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the City. (D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. (E) Prior to commencement of services hereunder, Consultant shall provide City with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: (1) The City, and its officials, officers, agents and employees are named as additional insured (with the exception of Professional Liability and Worker's Compensation); (2) The coverage provided shall be primary (with the exception of Professional Liability and Worker's Compensation) as respects to City, its officials, officers, agents or employees; moreover, any insurance or self-insurance maintained by City or its officials, officers, Keller Williams Covina Consultant Services Agreement Page 3 of 6 agents or employees shall be in excess of Consultants' insurance and not contributed with it. (3) The insurer shall provide at least thirty (30) days prior written notice to City of cancellation or of any material change in coverage before such change or cancellation becomes effective. (F) With respect to Workers' Compensation Insurance, the insurer shall agree to waive all rights of subrogation against City and City personnel for losses arising from work performed by Consultant for City, and the insurer's agreement in this regard shall be reflected in the Workers' Compensation Insurance endorsement. 11. OWNERSHIP OF DOCUMENTS. All of the documents required to be prepared pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the property of City. City's ownership of documents includes any and all analysis, computations, plans, correspondence and/or other pertinent data, information, documents, and computer media, including disks and other materials gathered or prepared by Consultant in performance of this Agreement. Such work product shall be transmitted to City within ten (10) days after a written request therefore. Consultant may retain copies of such products. Any re -use by City shall be at the sole risk of City and without liability to Consultant. 12. RECORDS AND INSPECTIONS. Consultant shall maintain full and accurate records with respect to all services and matters covered under this Agreement. City shall have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Consultant shall maintain an up-to-date list of key personnel and telephone numbers for emergency contact after normal business hours. 13. TAXPAYER IDENTIFICATION NUMBER. Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service. 14. CONFLICT OF INTEREST. Consultant agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and Consultant shall comply with all applicable federal, state and county laws and regulations governing conflict of interest. 15. POLITICAL ACTIVITY/LOBBYING CERTIFICATION. Consultant may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency or body or member of Congress in connection with the awarding of any federal contract, grant, loan, intended to influence legislation, administrative rulemaking or the election of candidates for public office during time compensated under the representation that such activity is being performed as a part of this Agreement. 16. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or without cause, in its sole discretion, with thirty (30) days written notice. 17. EFFECT OF TERMINATION. Upon termination as stated in Paragraph "16" of this Agreement, City shall be liable to Consultant only for work performed by Consultant up to Keller Williams Covina Consultant Services Agreement Page 4 of 6 and including the date of termination of this Agreement, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant shall be entitled to payment for work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit "B" attached hereto. Such payment will be subject to City's receipt of a close-out billing. 18. LITIGATION FEES. Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including reasonable attorney's fees, to the prevailing party. In awarding attorney's fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and attorney's fees paid and/or incurred in good faith. "Prevailing Party" shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the Superior Court of Los Angeles County. This paragraph shall not apply and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties' mutual settlement, arbitration, or mediation of the dispute. 19. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition. 20. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement between the City and Consultant. No verbal agreement or implied covenant shall be held to vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns. 21. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties. 22. DESIGNATED REPRESENTATIVES. The Consultant Representative (A) designated below shall be responsible for job performance, negotiations, contractual matters, and coordination with the City. The City Representative (B) designated below shall act on the City's behalf as Project Manager. (A) CONSULTANT Keller Williams Covina Att: Carolina Ruiz 100 N. Citrus St. #160 West Covina, CA 91791 (626) 966-3641 (B) City of Baldwin Park Att.: Ben Marti nezSbappon--Y-a��, Community Development DirectorGE-0 14403 East Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 Ext 482 Keller Williams Covina Consultant Services Agreement Page 5 of 6 23 NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notices shall be directed to City's Designated Representative identified in Paragraph "21" of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. CITY OF BALDWIN PARK imy: Emmanuel J. EstradaManue���, Mayor Dated: CONSULTANT: Keller Williams Covina IN Carolina Ruiz, Broker Associate Dated: EXHIBITA SCOPE OF SERVICES Keller Williams Covina Under this agreement the City of Baldwin Park (City) and Keller Williams Covina (consultant) shall agree to the following services: Real Estate Broker Services • Authorize the consultant to act as an agent for the City to inquire about the potential sale of real property within the City. • Act as the exclusive agent for the City in a sales transaction involving a real property inquired by the consultant. Each transaction will require the execution of a separate purchase agreement with the City. 0 Real Estate advisory services o Preparation of Broker Opinion of Value (BOV) that will include an evaluation of property values based on current comparable market conditions and available financing alternatives. BOV will be used by staff to evaluate the feasibility of potential development projects in the City. • Coordinate the collection of preliminary title reports. • Provide expert analysis and feedback of potential development and reuse opportunities in the city. • Provide referrals for real estate services. • Provide contact information for real estate owners and businesses when available. 0 Meetings o Consultant will attend periodic meetings with the City to present findings or recommendations, including evening City Council meetings COMPENSATION Compensation will be based on commissions earned from completed real estate transactions and will be outlined in individual purchase agreements specific to those transactions. SUMMARY TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: June 2, 2021 SUBJECT: Approve Request -for -Service Proposals for Design Services and Construction Management for the Citywide Traffic Signal Battery Backup System Project from Infrastructure Engineers, Inc. (IE) and for Design Services for Traffic Signal Modifications at the intersection of Merced Avenue and Vineland Avenue from Willdan Engineering This item will approve two (2) Request -for -Service (RFS) proposals for Civil Design Services by the City's on-call consultants. One proposal is from Infrastructure Engineers, Inc. for the design and construction management services for the Citywide Traffic Signal Battery Backup System Project, and the other proposal is from Willdan Engineering for design services for the Traffic Signal Modifications at the Merced Avenue and Vineland Avenue intersection. RECOMMENDATION It is Staff's recommendation that the City Council: 1. Authorize the Director of Finance to appropriate $23,746 from LLMD Fund; and 2. Authorize the Director of Public Works to execute the RFS proposals from Infrastructure Engineers (IE) in the amount of $121,420 for the completion of the plans, specifications and estimate (PS&E) and construction management services for the Citywide Traffic Signal Battery Backup System Project; and 3. Authorize the Director of Public Works to execute the RFS proposal from Willdan Engineering in the amount of $23,746 for the completion of the PS&E for the design services for the Traffic Signal Modifications Project at the intersection of Merced Ave. and Vineland Ave. FISCAL IMPACT There is no impact to the General Fund. The following table lists the funds available for the projects: CIP21-197 Landscape and Lighting Maintenance District (LLMD) — Fund No. 251 $121,240 — Fund # 251-50-520-58100-55000 Traffic Signal Modification Landscape and Lighting Maintenance District (LLMD) — $23,746 � Fund No. 251 BACKGROUND On April 21, 2021, the CityCouncil authorized a pre -qualification listforon-call professional Engineering consultant services and approved Professional Services Agreements (PSAs) for Engineering Design, Plan Check, Construction Management, Inspection and Related Services. Additionally, the City Council provided Staff with direction to bring all RFS proposals exceeding the City's purchasing policy limits for Council consideration. The cumulative total for these services exceeds the Executive signatory limits set by the City's purchasing policy. DISCUSSION The proposed work for the Citywide Battery Backup System Project consists of evaluating and installing emergency battery backup systems at all of the City's 60 traffic signals in order to ensure continuous operation during and after power failures or interruption. The traffic signal modification at Merced Avenue and Vineland Avenue project consists of modifying the north -south left -turn phasing and east - west left -turn phasing at the intersection; upgrades to traffic signal hardware, including LED signal heads, lenses, back -plates with retroreflective borders, mounting, size and numbers. If the item is approved, Staff will provide the consultants with a Notice to Proceed (NTP) to commence the design work. It is expected that the consultants will complete the work within five (5) months from the date of the NTP. ALTERNATIVES 1. The City Council may choose not to approve the RFS proposals from IE and Willdan Engineering 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 Battery Backup System Project and traffic signal modification at Merced Avenue and Vineland Avenue intersection project are exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 (Section 15201, Existing Facilities), subsection (c) exemption, which includes performing design services for the battery backup systems and traffic signal modification. 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. IE proposal for the Design of the Citywide Traffic Signal Battery Backup System Project 2. Willdan proposal for the Design of Traffic Signal Modification at Merced/Vineland project INFRASTRUCTURE EINIGINEERS May 20, 2021 Mr. Sam Gutierrez, Director of Public Works City of Baldwin Park 14403 Pacific Avenue Baldwin Park, CA 91706 3060 Saturn Street, Suite 250 Brea, CA 92821 Tel.: (714) 940-0100 Fax: (714) 940-0700 www.infrastructure-engineers.com Subject: Proposal to Provide Engineering Services for Battery Backup Systems (BBS) for sixty (60) intersections Dear Mr. Gutierrez, Infrastructure Engineers is pleased to provide this letter proposal to assist the City of Baldwin Park with Engineering Services to prepare the Plans, Specifications and Cost estimate (PS&E) as indicate in the City's RFS dated 5/13/20 for Battery Backup Systems (BBS) for sixty (60) intersections. =149MI= Infrastructure Engineers will provide engineering services to achieve the City's goals for the project. Our traffic design team will work with the City to perform the required tasks for the project. This work includes, but is not limited to the tasks outlined here. Project Management and Coordination Infrastructure Engineers will provide project management during the entire course of the project. This will include, but not be limited to a kick-off meeting, project development and design review meetings progress meetings, preparation of agendas and minutes, preparation and updates of project schedule, and project cost management. Infrastructure Engineers will ensure that all design elements required by the City and other governing agencies are addressed at various stages of the work. An initial kick-off meeting of design team members and City staff will be convened to review and confirm the detailed project scope, construction objectives, and other pertinent project details. During this meeting, design criteria and parameters will be discussed and established for each of the various elements, that will be incorporated into the project. In addition, when Infrastructure Engineers has prepared its preliminary plans, a meeting will be set with the City to review, in detail, and finalize project work to the City's satisfaction. Infrastructure Engineers will communicate with City staff as necessary to coordinate the project design. For all meetings, agendas and notes will be prepared by Infrastructure Engineers to summarize issues to be discussed and for distribution to City staff. This task will include a kick-off meeting and three additional meeting with the City. In addition to the initial project definition and program development meeting, continuous coordination and updates will be conducted by Infrastructure Engineers with City staff. This includes a bi-weekly conference meeting and written bi-weekly project status reports using the City's format. Field Visit and Visual Survey We will Visit the project site to verify and evaluate each project traffic signal location listed in the RFS. Photographs of the existing traffic signal including all the existing features will be taken and recorded for the project. This information will be used for any other upgrades that may be necessary as part of this project and City's approval to be within the budget allocated for the project. Proposal to Provide Engineering Services for Battery Backup Systems (BBS) for sixty (60) intersections May 20, 2021 Page 2 As -Built Research and Utilitv Information Infrastructure Engineers will obtain the As -Built plans for each signal locations including utility information in order to be used at the filed visit to compare and add the existing conditions such as visible utilities or other existing appurtenances that may affect the design of the proposed battery backup system. Prepare Plans, Specifications and Construction Estimate (PS&E) Infrastructure Engineers design team will prepare complete construction documents per the City's RFS requirements. This task will cover all required work as described below: 35% Plans and Cost Estimate: Based on the field visit, Infrastructure Engineers suggest preparing the 35% plans and development of preliminary cost estimate for a design meeting with the City staff to review the findings and proposed improvements including any other appurtenances relating to each traffic signal as well as the battery backup system. This will allow the City to review and discuss all suggested improvements including costs to make sure that the project budget will be sufficient. 75% and 100% Plans: Based on the City's latest review comments on the plans, Infrastructure Engineers will prepare final design documents at the 75% and 100% completion stages for City review and approval. At each submittal, previous comments will be incorporated in the design documents for the City's review. All plans will be prepared in CAD and will be approved by state of California registered civil engineers. In addition to signed and sealed Mylar drawings, electronic copies of the plans will be delivered to the City for its records. Specifications: Infrastructure Engineers will prepare a comprehensive set of technical specifications using Standard Specifications (boiler plate) from the City, with all amendments and templates and, where needed, additional language from the latest edition of Standard Specifications for Public Works Construction will be added. Bid items required by the plans or otherwise needed to accomplish project construction will be thoroughly described in the Special/Technical Provisions and included in the contractor's bid list. Technical provisions will contain adequate detail in coordination with the plans and will reference the appropriate standard specifications. Each item of work will be covered and a measurement and payment clause will be included. At the 7S% and 100% stages, a copy of Special Provisions will be provided to the City for review. Engineer's Estimates: Infrastructure Engineers will update current quantity takeoff and construction cost estimate for verification of project budget and guidance during the design phase. Measurement of units will be contained in the cost estimate and specifications with additional detail for lump sum items, as necessary. Because of the variability in construction material prices, we will, at the time of each submittal of cost estimates, verify our database for construction cost items with general contractors, manufacturers, or material suppliers. The cost estimates will be prepared and submitted to the City at 75% and 100% completed stages. Hard copy on 8.5 -inch by 11 -inch sheets, and an electronic copy, of the cost estimate will be delivered to the City for its records. Bid Phase Support Infrastructure Engineers will provide engineering support services during the bidding phase of the project, upon City's approval. This includes providing clarification of design documents, responding to bidders' RFIs, tabulation of RFIs and responses. This bid support will also include bid reviews, preparation of bid results analysis, contract award recommendation and preparation of contract documents for construction. 3060 Saturn Street, Suite 2SO I Brea, CA 92821 1 TeL: (714) 940-0 100 1 wwwjnfrastructure-engineers.com Proposal to Provide Engineering Services for Battery Backup Systems (BBS) for sixty (60) intersections May 20, 2021 Page 3 Construction Phase Support Infrastructure Engineers' Project Manager will coordinate with the City to attend the preconstruction meeting, job walk, and job -site meetings, and will provide field recommendations during construction when required by the City. The Infrastructure Engineers team will be ready to respond to all RFls, attend meetings, and the review of materials, and review submittals and shop drawings. A tabulated response to all RFIs will be submitted to the City. The following subsections present detailed work that will be done as part of this task: Responding to RFIs during Construction: Infrastructure Engineers' Construction Manager will receive, review and respond to the contractor's RFIs in a timely manner to ensure the contractor's flow of work. Our reporting systems have built-in mechanisms to expedite the flow of information and ensure that no issues are inadvertently overlooked. For instance, the RFI log will automatically highlight any RFI that has remained unprocessed for a period of three days. That way we can immediately respond to the RFI and eliminate a potential contractor claim for the delay. The change order and submittal logs have similar mechanisms to alert our project team to act on issues before they become problems. Infrastructure Engineers will require the successful contractor to provide project information to the project team in an approved format. Infrastructure Engineers will make sure this requirement is a part of the instructions to bidders. Review of Submittals: Infrastructure Engineers will review the contractor's submittals and shop drawings to ascertain compliance with bid documents. The submittal logs will be initiated and maintained. Record Drawings (As-Builts): Infrastructure Engineers will provide a complete set of revised original tracings to the City, showing as -built conditions, within 60 days of completion and acceptance of the project. Revisions will be solely based on as -built information provided by the City's Project Manager and the contractor. Infrastructure Engineers will assume no responsibility for the accuracy of the information provided by the City's Construction Manager and the contractor. Construction Management Reviewing the construction processes from start to finish during pre -construction phase will identify obstacles before a project is actually built, thus reducing or preventing errors, delays, and cost overruns. The first step to providing construction management and inspection services is the constructability review. Pre -Construction Conference Review All relevant project staff will be identified and requested to attend the Pre -construction Conference. ideally, the items listed below will be discussed: • Issuance of Notice to Proceed to contractor • Move-in/mobilization period for the contractor • Contractor's schedule • Point of contact — chain of command • Submittals and requests for information (RFIs) • Review of contractor's traffic control plans for project • Working hours • Site safety • National Pollutant Discharge Elimination System (NPDES) and Storm Water Pollution Prevention Plans (SWPPP) submittal and review • Schedule of future meetings with contractor • Weekly status reports 3060 Saturn Street, Suite 250 1 Brea, CA 92821 1 Tel.: (714) 940-0 100 1 www.infrastructure-engineers.com Proposal to Provide Engineering Services for Battery Backup Systems (BBS) for sixty (60) intersections May 20, 2021 Page 4 • Budget reports • Schedule updates • Design clarifications and change orders • Progress payments • Public relations — project notification to residents and businesses • Labor compliance • Contact numbers of critical services (Sheriff, Fire Department, trash collection, street sweeping, school district, etc.) Site Safety The Site -Specific Safety Plan (SSSP) is a communication tool between the main contractor and subcontractor and should be in place before construction begins. When used correctly, it ensures that relevant site information is regularly updated, and safety is monitored. SSSPs not only protect workers but the City as well. The Infrastructure Engineers construction inspector will review the contractor's SSSP for compliance with OSHA standards and regulations and that daily safety tailgate meetings are held by contactor to all site workers. The construction inspector will immediately stop work when any unsafe condition is observed and notify the contractor of the violation and provide written notification to the contractor. If the contractor refuses to comply or correct the situation, the construction inspector will notify the City and Cal OSHA. Agency Coordination Early coordination with stakeholders is critical to prevent project delays, claims, and other unforeseen encumbrances to the project. We will determine the level of involvement a stakeholder has with this project and work with that stakeholder to provide any required information or project coordination. Management/information SVstems Prior to the Pre -construction Conference, the construction manager will establish a system for managing all project correspondence. Correspondence will include project submittals, RFIs, reports, progress payments, change orders, and other required project documents essential to construction. Spreadsheets for submittals and RAS will be prepared to ensure the contractor can begin as soon as possible. Spreadsheets for progress payments and change orders will also be prepared to track and monitor the cost and schedule of the contractor for the entire project. Coordinate Project Submittals Using our management information systems, a spreadsheet will be prepared to monitor submittals on the project. The spreadsheet will allow the construction inspector to verify which of the contractor's submittals were approved by the project designers. The non -approved submittals will have comments from the designer for the contractor to correct in order obtain approval for those submittals. Review Traffic Control Plans A Traffic Control Plan will be required for each different construction phase or sewer system reach where work will be performed within the public right-of-way. The construction inspector will review the contractor's plans to ensure they are consistent with both the Manual on Uniform Traffic Control Devices (MUTCD) and the MUTCD California Supplement. The plans must clearly depict the exact sequence of construction operations, the construction to be performed, and the traveled way that will be used by all traffic during each phase of construction. Approved traffic control plans will be reviewed at the Pre - construction Conference. 3060 Saturn Street, Suite 250 1 Brea, CA 92821 1 Tel.: (714) 940-0 100 1 www.infrastructure-engineers.com Proposal to Provide Engineering Services for Battery Backup Systems (BBS) for sixty (60) intersections May 20, 2021 Page 5 Materials Testing If requested by the City, necessary materials testing will be arranged in compliance with the City's Quality Assurance Plan (QAP) and Caltrans LAPM procedures and requirements, when relevant, to ensure the contractor will be able to perform his work without any delays and ensure that the project will be constructed per design standards and details. Weekiv Construction Meetines Meetings will be held on a weekly basis during construction. All involved stakeholders will be requested to attend. The meetings may involve discussions regarding the schedule, change orders, progress payments, disputes, site safety, traffic control, environmental compliance, and other project -related concerns. These meetings will provide opportunities to discuss any outstanding items or issues to further the project's progress. The construction manager will provide a summary to City's Project Manager and will offer recommendations and suggestions to further the project's progress, if necessary. Issues Management It is our goal to use proper quality control measures to avoid unnecessary change orders, claims, or disputes on this project. While the constructability review completed in the pre -construction phase will assist and aid in this process, not all issues are known prior to the start of construction. The first step in this process is avoidance. Avoidance is critical because many disputes and change orders can be avoided if proper measures are in place. Consistent inspection of work and constant review of the contractor's progress are vital when it comes to preventing unnecessary disputes and change orders by the contractor to the City. Dispute/Change Order Process 1. Inform the City's Project Manager of the dispute, claim, or change order request by the contractor. 2. Examine the validity of the dispute, claim, or change order request and provide input. We will be the City's advocate, looking out for the City's best interest; however, the City's Project Manager will provide resolution for any dispute, claim, or change order request brought on by the contractor during construction. Progress Payments Status reports will be prepared on a weekly basis during the construction phase of the project. The reports will include information on the contractor's project progress, change orders, site safety reports, and cost and schedule information. The weekly status reports will be provided to the City's Project Manager so that progress payments can be prepared for the project. Verification of the completed quantities will be done as a part of progress payment process. Inspection Services (Optional as CitV's RFS did not include this services) Prior to the contractor's start, the construction inspector will take photographs of the project area's existing conditions for future reference. This will provide documentation for possible future claims and disputes with the intent of claims avoidance and quicker dispute resolution. For high-risk locations, additional photographs will be taken for future reference to ensure work is in accordance with the contract, project plans, and specifications. When construction begins, the construction inspector will ensure compliance of the following tasks on each working day of the project: 3060 Saturn Street, Suite 2SO I Brea, CA 92821 1 TeL: (714) 940-0 100 1 www.infrastructure-engineers.com Proposal to Provide Engineering Services for Battery Backup Systems (BBS) for sixty (60) intersections May 20, 2021 Page 6 • Resolve any outstanding issues from previous working day(s). • Traffic control is put in place in accordance with the California MUTCD. • All applicable best management practices (BMPs) occur onsite in accordance with NPDES and SWPPP. In addition, if any working day occurs between October 15 and April 15, the inspector will ensure that the proper BMPs for erosion control and sedimentation are put in place by the contractor. • Monitor the contractor's site safety program and ensure it is in compliance with Cal/OSHA. • Project progress documentation will be prepared each working day in the inspector's daily project diary. • The inspector's daily regime consists of the following tasks: • Monitor the quantities of work completed by the contractor as related to the project and the construction contract. Keep a running total of the quantities to complete progress payments to the contractor. • Document any deficiencies and corrections that occur onsite and prepare reports accordingly. • Keep a tally of the number of workers the contractor and subcontractor(s) have onsite. • Document any visitors that come onsite (survey crew, soil testing personnel, design engineer, etc.) • Document the equipment used onsite and the processes and methods the contractor employs to complete the work. 0 Keep daily reports during construction to prepare weekly progress reports. Project Schedule We anticipate completing the design phase of the project and submitting the completed bid documents (plans, specifications and cost estimate) to the City to advertise the project within a time frame shown in the attached project schedule, based on a quick turnaround review by the City on each of the submittals. The fee for the services above is included under a separate envelope (Email). We believe the Infrastructure Engineers team will suit the City's needs for this important project and meet or exceed your expectations for delivery of the project on time and within your budget. If you have any questions, please do not hesitate to contact me at (714) 940-0100, extension 5032, or via cellular phone at (714) 458-8470. Sincerely, Infrastructure Engineers Farzad Dorrani, MS Chief Operation Officer 3060 Saturn Street, Suite 2SO I Brea, CA 92821 1 Tel.: (714) 940-0 100 1 www.infrastructure-engineers.com Project Timeline City of Baldwin Park: PS&E and Construction Management Services for 60 -intersection Battery Backup Project 5/20/2021 Project Tasks & 1 Deliverables Wk I Wk 2-3 Wk 4-5 Wk 6-8 Wk 9-10 Wk 11-121 Wk 13-141 Wk 15-161 Wk 17-201 Wk 21-241 Wk 25- I I I I I I E Project Kick-off and Planning Utility Notices to Agencies Site Visits and Investigation 11011NIONE, MEMNON' Collect As-builts from City Preparation of Base Plans 35% Battery Backup Plan 75% Battery Backup Plan 100% Battery Backup Plan NIEMEN. Specifications/Cost Estimates Project Meetings and Coordination �WIEEEENEEEENII, 10,01 W1010,10,10,01 11011MINEEM01" 11,111MENIEN \110' Construction Bid/Award Support Construction Management 11\11 NEENEX11", Record Drawings *Milestone May 24.2021 Mr. John Beahav P.E. Engineering Manager City ofBaldwin Park 144U3Pacific Avenue Baldwin Purk, CA 91706 UUUK-����| ��� ������V�|� Via e-mail: Subject: Proposal for the Om -Call Traffic Design Services for the Traffic Signal Modification mfMerced Avenue adVineland Avenue kmthe City mf Baldwin Park Dear Mr. Beshay: WiUdanEngimeering (Wi|ldan)is pleased to submit this proposal to the City of Baldwin Park to provide OD-C8U traffic design services for the preparation of plans, specifications and estimates (PG&E) for the traffic signal modification of Merced Avenue 8tVineland Avenue in the City of Baldwin Pork. The design will include the installation of protected left turn phasing for northbou nd/south bound Merced Avenue and eastbound/westbound Vineland Avenue, as well as, upgrading the traffic signal equipment to meet current state and |OC8| guidelines. The following is our scope of work and project schedule: Meet with City staff to r8V8VV SD8CifiC d8Si0D and CODS[nJCUOD r8qUi[8nD8OtS. Obtain record drawings of striping plans, utility plans, roadway plans, street lighting plans, etc. 2. Conduct G field investigation to verify existing toouon8ohiC C0nditiOnS, traffic signal equipment and identify unusual or special conditions, if any. 3. Provide utility coordination, including notices to all utility companies in accordance with City's procedures. All documentation Ofcontacts and responses will b8copied k}the City. VVi|NGD Engineering will prepare Ub|itv OOtiC8S and d8|iVH[ them to the City for mailing under {}ih/ letterhead. If so desired by the City, VVi||d8n Engineering can transmit these notices under VVi|N8OEngineering's letterhead; however, the City shall bHresponsible for any fees 8SSHSS8d tOVVi||d@D ED0iO88[iO0 by the utility companies. In either case, all r8Spons8S, queShonS, and correspondence from the utility companies will be addressed toVVi||d8n Engineering's Utility Coordinator. 4. Pnapona one (1) traffic signal modification plan for the installation of protected left turn phasing in all directions at the intersection of Merced Avenue and Vineland Avenue, on a 24^x38^sheet atascale of1^=2O'uaingAutoCAD 2O18. Plans will conform tothe latest edition of the C/\ K4UTC[] and Caltrans Standard Plans and Speoifioadona, as well as current City Standards. 562,908,6200 1 800A99.44e 1 fax: 562,695.2120 | ,cnamororsromdaParkway North, Suite 405Industry, California 9174e-3443 | www.w�/ma".cvm City of Baldwin Park Merced at Vineland — Traffic Signal May 24, 2021 Page 2 5. Prepare one (1) signing and striping plan for the installation of left turn pockets and on - street parking restrictions for all approaches due to the installation of protected left turn phasing at the intersection of Merced Avenue and Vineland Avenue, on a 24" x 36" sheet at a scale of 1 " = 20' using AutoCAD 2018. Plans will conform to the latest edition of the CA MUTCD and Caltrans Standard Plans and Specifications, as well as current City Standards. 6. Prepare construction cost estimates and project specifications for construction of the traffic signal improvements. Submit 65%, 95% and 100% PS&E to the City for review and comment. Project specifications will be generated at the 95% submittal. 7. Upon receipt of final comments, make final revisions and submit final signed PS&E with the plans plotted on mylar for City advertisement and bidding. 8. Prepare local intersection traffic signal timing sheet to include the new protected left turn phasing. JENGINEERING DURING CONSTRUCTION I 1 . Provide assistance during advertisement and bidding. 2. Attend Pre -Bid and Pre -Construction Meetings. 3. Review project material submittals. 4. Review RFI's and provide responses, as necessary. 5. Provide Record Drawings from redlines provided by contractor. Since utility coordination has not been performed and design improvements of the project has not been defined at the time of this proposal, the following cannot be defined in terms of cost, therefore, it has been excluded from our scope of work. The following exclusions include: 1. Utility Potholing 2. Design Survey However, should the City determine that these services are required as part of the design, Willdan can perform these services on a mutually agreed upon fee. Request Federal Proiect Numbe Review HSIP application, search Caltrans and MPO websites for project status, and verify that the City has an approved LAPM Exhibit 9-A DBE Implementation Agreement for Local Agencies, LAPM Exhibit 9-B DBE Annual Submittal Form for the current FFY, and a current Quality Assurance Program approved by Caltrans. COMPREHENSIVE. INNOVATIVE. TRUSTED. City of Baldwin Park Merced at Vineland — Traffic Signal May 24, 2021 Page 3 2. Request the creation of a federal -aid project number (FPN) by preparing the Field Review package and submitting to the Caltrans DLAE. NEPA Approva Assuming Categorical Exclusion without technical studies, prepare LAPM Exhibit 6-A Preliminary Environmental Study (PES). 2. Submit PIES and backup documents to the Caltrans DLAE to obtain environmental approval for NEPA compliance. Right of Way Certification Lno Federal participation in utility relocations) Verify that utilities within the project limits are identified and delineated on the final signed plans (type of facility, location, and disposition) and high and low risk facilities are determined by the design team. 2. Obtain copies of notices to utility owners (NTO) to relocate (including adjustments) and utility agreements, if needed, from the design team. 3. Determine whether LAPM Exhibit 13-A Short Form Right of Way Certification Local Assistance Project and Utility Cover Adjustment Summary or LAPM Exhibit 13-B Right of Way Certification Local Assistance Project is applicable to the project and prepare along with the Utility Policy Certification for the Resident Engineer's signature. 4. Submit documents to the Caltrans DLAE along with the final signed plans and required backup documentation from utilities. Proiect Authorization Request for Construction (CON) Upon receiving Right of Way Certification and final signed PS&E from the design team, prepare LAPM Exhibit 3-A Project AuthorizationlAdjustment Request, LAPM Exhibit 12-D PS&E Checklist, and LAPM Exhibit 15-A Local Agency Construction Contract Administration Checklist for City and Resident Engineer's signature. 2. Calculate the DBE project goals for construction by preparing LAPM Exhibit 9-D DBE Contract Goal Methodology. 3. Assist the City to request EPSP to advance $187,500 from a future FFY to FFY 21/22. 4. Assist the City to obtain NEPA re -validation, since the project is proceeding to the next major federal approval. 5. Submit documents to the Caltrans DLAE with the final signed plans and specifications to obtain an E-76 for construction. COMPREHENSIVE. INNOVATIVE. TRUSTED. City of Baldwin Park Merced at Vineland — Traffic Signal May 24, 2021 Page 4 Award Submittal Assist the City in preparing a resolution to execute the Program Supplement Agreement and transmit the City -executed agreement and certified resolution to Caltrans (Sacramento) for their execution. 2. Ensure the City submits a copy of the Notice of Award or Notice -to -Proceed to the Caltrans DLAE and a copy of the Notice of Pre -construction Meeting to Mr. Eric Samaniego at Caltrans (213-897-2959) or the Caltrans DLAE. 3. Prepare LAPM Exhibit 15-C LocalAgency Project Advertising Checklist and LAPM Exhibit 15-1 Local Agency Bid Opening Checklist for the project file. 4. Prepare LAPM Exhibit 15-L Local Agency Contract Award Checklist, LAPM Exhibit 15-M Detail Estimate and Summary and LAPM Exhibit 15-N Finance Letter based on the low bid, LAPM Exhibit 15-B Resident Engineer's Construction Contract Administration Checklist and LAPM Exhibit 3-A Project AuthorizationlAdjustment Request if making an adjustment to the Finance Letter. 5. Submit documents to the Caltrans DLAE within 60 days of award along with the following items provided by the City: the engineer's final opinion of probable construction cost, contractor's bid, bid analysis, as -advertised plans and specifications, executed construction contract, LAPM Exhibit 15-G Local Agency Bidder DBE Commitment (Construction Contracts), LAPM Exhibit 15-H Good Faith Effort, and LAPM Exhibit 9-E Evaluation of Good Faith Effort Memo. Progress Invoicing, Final Invoice, & Final Report of Expenditures Monitor the Caltrans Local Assistance website for City projects with inactive obligations and notify City staff. 2. Prepare LAPM Exhibit 5-A Local Agency Invoice at least once every 6 months based on the following items provided by the City: contractor's contract progress reports, and copies of cancelled checks and submit to the Caltrans DLAE. 3. If needed, prepare and submit to the Caltrans DLAE for approval a request for post -award adjustments to the Finance Letter prior to submitting the Final Invoice based on the final construction and consultant costs. 4. Prepare LAPM Exhibit 17-A Federal Report of Expenditures Letter and the Report of Expenditures Checklist, LAPM Exhibit 17-C Local Agency Final Inspection Form, LAPM Exhibit 17-G Materials Certificate for Resident Engineer's signature, LAPM Exhibit 5-A Local Agency Invoice, LAPM Exhibit 15-M Final Detail Estimate and Summary, and LAPM Exhibit 17-E Change Order Summary based on the following items provided by the City: contractor's final contract progress report, release of retention or letter from Escrow, and copies of cancelled checks. COMPREHENSIVE. INNOVATIVE. TRUSTED. City of Baldwin Park Merced at Vineland — Traffic Signal May 24, 2021 Page 5 5. Submit documents to the Caltrans IDLAE and attach the following items provided by the City: LAPM Exhibit 17-F Final Report - Utilization of DBE, First Tier Subcontractors, LAPM Exhibit 17-0 DBE Certification Status Change. 6. Following receipt of the final payment check from the State Controller's Office, include documents and submittals in a Federal Funding File and make a PIDF formatted file on a CID for the City. Please see the attached project schedule. HE 1 i�:il:�l:�l:�iiiiiiiii�iilliiii N MEN= Willdan has prepared a fee and will be submitted to the City via separate email attachment. We appreciate this opportunity to be of continuous service to the City of Baldwin Park. We recognize the importance of this project to the City and are committed to realizing its timely and successful completion. If you have any questions, please contact Ms. Vanessa Muhoz at (562) 368-4848 or vmunoz@wilidan.com. Respectfully submitted, Vanessa Muhoz, PE, TE, PTOE Directot- of Engh7eerhig Enclosures 910005/WWO0.60/P21-19822025 COMPREHENSIVE. INNOVATIVE. TRUSTED. W7 City of Baldwin Park Merced Avenue at Vineland Avenue - Traff ic Signal Modification Proposed Project Schedule D ITask Name Duration Start Pindsh Notice to Proceed 0 days Mon 6/21/21 Mon 6/21/21 2 1 Project Management 105 days Thu 6/24/21 Wed 11/17/21 3 Kick-off Meeting I day Thu 6/24/21 Thu 6/24/21 4 65% Progress Meeting 1 day Mon 8/23/21 Mon 8/23/21 5 95% Progress Meeting I day Tue 10/5/21 Tue 10/5/21 6 1001/6 Progress Meeting I day Wed 11/17/21 Wed 11/17/21 7 Preliminary Engineering 26 days Mon 6/28/21 Mon 8/2/21 8 Records Research 2 days Mon 6/28/21 Tue 6/29/21 9 Field Review 2 days Tue 7/6/21 Wed 7/7/21 10 Utility Research and Coordination 20 days Tue 7/6/21 Mon 8/2/21 11 i Plans, Specifications, and Estimate 108 days Mon 7/12/21 Wed 12/8/21 12 65% PS&E Submittal 30 days Mon 7/22/21 Fri 8/20/21 13 Develop 60'A PS&E Package 20 days Mon 7/12/21 Fri 8/6/21 14 1 Submit to City for Review 0 days Fri 8/6/21 Fri 8/6/21 City Review Period 10 days Mon 8/9/21 Fri 8/20/21 16 95% PS&E Submittal 30 days Toe 8/24121 Mon 10/4/21 I Develop 95% PS&E Package 20 days Tue 9/24/21 Mon 9/20/21 18 Submit to City for Review 0 days Mon 9/20/21 Mon 9/20/21 19 City Review Period 10 days Tue 9/21/21 Mon 10/4/21 20 100% PS&E Submittal 30 days Wed 10/6/21 Toe 11/16/21 21 Develop 100% PS&E Package 20 days Wed 10/6/21 Tue 11/2/21 Submit to City for Review 0 days Tue 11/2/21 Tue 11/2/21 23 City Review Period 10 days Wed 11/3/21 Tue 11/16/21 24 Final PS&E Submittal 15 days Thu 11/18/21 Wed 12/8/21 25 Develop Final PS&E Package 15 days Thu 11/18121 Wed 12/8/21 26 Submit Final PS&E to City 0 days Wed 12/8/21 Wed 12/8/21 27 Engineering During Construction 30 days Thu 213/22 Wed 3/16/22 Task [nartveTe,k Project Merced at Vineland Spiit mairtive Mil��unre Datri Mon 5/24/21 Mdestoinu maou- Summary Summary r ........ " Manual Task punjml Smm.,y P .. . . .. . . .................. ..... 1, D—tim, nly Sap'21 Mauval Summary Rullut, Ext—al Milestone 0 Man -I Summary f ------------ Descrrie I stairt-only E Froyrr's Finish-orly 3 Manual Pungress E�tar-1 T.,k, Page I ITEM NO. 6 TO: Honorable Mayor and City Councilmembers Robert A. 1-6pez, Chief of Police FROM: I DATE: June 2, 2021 SUBJECT: REQUEST TO APPROVE MAINTENANCE CONTRACT FOR 'ZO JAW POLICE RADIO SYSTEM CONSOLES SUMMARY This report requests City Council approval for the appropriation of funds for maintenance of the police radio system consoles. RECOMMENDATION Staff recommends City Council approval to: 1. Authorize the Director of Finance to appropriate up to $19,117.35 from the Federal Asset Forfeiture account #205.30.340.53371.00000. 2. Authorize the Chief of Police, or his designee, to complete all appropriate documentation necessary to complete the project. FISCAL IMPACT There will be no fiscal impact to the general fund. This project will be funded exclusively by the fund identified above. BACKGROUND The Police Department purchased new radio consoles in the Communications Bureau in FY 2017-18. The consoles are now out of warranty. This Staff Report seeks Council approval to fund the annual maintenance fee. This cost will be proposed in the normal Police Department budget in future fiscal years. LEGAL REVIEW Not applicable. ALTERNATIVES The alternative is to do nothing. ATTACHMENTS 1. Motorola Service Agreement 0 AOFOrOROLA SOLUTIONS 500 W Monroe Street Chicago, IL. 60661 (888) 325-9336 Date: 12/31/2020 Company Name: BALDWIN PARK POLICE DEPT, CITY OF Attn: Billing Address: 14403 E PACIFIC AVE City, State, Zip: BALDWIN PARK, CA, 91706 Customer Contact: Chris Hofford Phone: 626-622-1253 SERVICE AGREEMENT Quote Number : QUOTE -1392907 Contract Number: USCO00128694 Contract Modifier: R31 -DEC-20 14:01:02 Required P.O. : Customer # : 1011360352 Bill to Tag #: Contract Start Date 01 -May -2021 Contract End Date 30 -Apr -2022 Anniversary Day: Apr 30th Payment Cycle: ANNUALLY PO #: Qty Service Name Service Description Monthly Ext Extended Amt LSVOlSO1108A ASTRO SYSTEM ADVANCED PACKAGE $1,593.11 $19,117.35 --- DISPATCH --- NETWORK MONITORING --- ONSITE SYS SUPPORT-STID --- PREVENTIVE MAINTENANCE1 --- REMOTE SUS MGT --- REPAIR AND RETURN --- SECURITY UPDATE SERVICE --- SYSTEM TECH SUPPORT --- AD NCE EXCHANGE Subtotal - Recurring Services $1,59111 $19,117.35 Subtotal - One -Time Event Services $0.00 $0.00 Total $1,593.11 $19,117.35 THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA SPECIAL INSTRUCTIONS: 5 MCC7500 Dispatch Consoles I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference. AUTHORIZED CUSTOMER SIGNATURE TITLE DATE 0 AOFOrOROLA SOLUTIONS 500 W Monroe Street Chicago, IL. 60661 (888) 325-9336 CUSTOMER (PRINT NAME) MOTOROLA REPRESENTATIVE(SIGNATURE) 06TOINK-m- Company Name: BALDWIN PARK POLICE DEPT, CITY OF Contract Number: USCO00128694 Contract Modifier : R31 -DEC -20 14:01:02 Contract Start Date 01 -May -2021 Contract End Date 30 -Apr -2022 SERVICE AGREEMENT Quote Number : QUOTE -1392907 Contract Number: USCO00128694 Contract Modifier: R31 -DEC-20 14:01:02 TITLE 714-853-2012 s =9 ME 0 AOFOrOROLA SOLUTIONS SERVICE AGREEMENT 500 W Monroe Street Quote Number : QUOTE -1392907 Chicago, IL. 60661 Contract Number: USCO00128694 (888) 325-9336 Contract Modifier: R31 -DEC-20 14:01:02 Service Terms and Conditions Motorola Solutions Inc. ("Motorola") and the customer named in this Agreement ("Customer") hereby agree as follows Section 1. APPLICABILITY These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2. DEFINITIONS AND INTERPRETATION 2.1 "Agreement" means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Maintenance Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2 "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3 "Services" means those installation, maintenance, support, training, and other services described in this Agreement Section 3. ACCEPTANCE Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the "Start Date" indicated in this Agreement. Section 4. SCOPE OF SERVICES 4.1 Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then -applicable rates for the services. 4.2 If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed 4.3 If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4 All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end ofthe month in which Motorola receives the written notice. 4.5 Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6 If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7 Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this. Section 5. EXCLUDED SERVICES 5.1 Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2 Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium. 0 AOFOrOROLA SOLUTIONS 500 W Monroe Street Chicago, IL. 60661 (888) 325-9336 SERVICE AGREEMENT Quote Number : QUOTE -1392907 Contract Number: USCO00128694 Contract Modifier: R31 -DEC-20 14:01:02 Section 6. TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge, a non -hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses. Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8. INVOICING AND PAYMENT 8.1 Customer affirms that a purchase order or notice to proceed is not required for the duration of this service contract and will appropriate funds each year through the contract end date. Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date 8.2 Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. The Customer will pay all invoices as received from Motorola. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement. 8.3 For multi-year service agreements, at the end of the first year of the Agreement and each year thereafter, a CPI percentage change calculation shall be performed using the U.S.Department of Labor, Consumer Price Index, all Items, Unadjusted Urban Areas (CPI -U). Should the annual inflation rate increase greater than 3% during the previous year, Motorola shall have the right to increase all future maintenance prices by the CPI increase amount exceeding 3%. All items, not seasonally adjusted shall be used as the measure of CPI for this price adjustment. Measurement will take place once the annual average for the new year has been posted by the Bureau of Labor Statistics. For purposes of illustration, if in year 5 the CPI reported an increase of 8%, Motorola may increase the Year 6 price by 5% (8%-3% base). Section 9. WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re -perform the non -conforming Service or to refund, on a pro -rata basis, the fees paid for the non -conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10. DEFAULT/TERMINATION 10.1 If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice ofthe default. The non-performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2 Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. 10.3 If the Customer terminates this Agreement before the end of the Term, for any reason other than Motorola default, then the Customer will pay to Motorola an early termination fee equal to the discount applied to the last three (3) years of Service payments for the original Term. Section 11. LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. 0 AOFOrOROLA SOLUTIONS 500 W Monroe Street Chicago, IL. 60661 (888) 325-9336 SERVICE AGREEMENT Quote Number : QUOTE -1392907 Contract Number: USCO00128694 Contract Modifier: R31 -DEC-20 14:01:02 ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12. EXCLUSIVE TERMS AND CONDITIONS 12.1 This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2 Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1 Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2 Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at anytime by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3 This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15. COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. Section 16. MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17. GENERAL TERMS 17.1 If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2 This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State in which the Services are performed. 17.3 Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 0 AOFOrOROLA SOLUTIONS 500 W Monroe Street Chicago, IL. 60661 (888) 325-9336 SERVICE AGREEMENT Quote Number : QUOTE -1392907 Contract Number: USCO00128694 Contract Modifier: R31 -DEC-20 14:01:02 17.4 Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's reasonable control, such as strikes, material shortages, or acts of God. 17.5 Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 17.6 Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business"), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a "Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. 17.7 THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.8 If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates. 17.9 This Agreement may be executed in one or more counterparts, all of which shall be considered part of the Agreement. The parties may execute this Agreement in writing, or by electronic signature, and any such electronic signature shall have the same legal effect as a handwritten signature for the purposes of validity, enforceability and admissibility. In addition, an electronic signature, a true and correct facsimile copy or computer image ofthis Agreement shall be treated as and shall have the same effect as an original signed copy of this document. Revised June 16, 2018 ITEM NO. 7 TO: Honorable Mayor and Members of the City Council ,HU �OF" FROM: Shannon Yauchzee, CEO SA�64�R:IEL DATE: June 2, 2021 rkzo�j 10 SUBJECT: Approval of Agreements for Overflow and As Needed Legal Services SUMMARY The City Council request an RFP for overflow and as -needed legal serves, to add to the pool of attorneys used by the City. Agreements for additional Attorney Firms are to be considered. RECOMMENDATION Staff recommends that the City Council approve agreements with the firms indicated and authorize the Mayor and City Clerk to execute agreements with each firm. FISCAL IMPACT There is no fiscal impacts. The action merely gives The City additional choices in legal services. BACKGROUND The City Council requested staff to conduct a search for additional firms to provide Legal Services to the City. Staff prepared and RFP (Request for Proposals) and it was advertised and posted on the City website. The City received ten responses to the RFP. City Directors and staff evaluated the proposals and recommend agreements the firms indicated below. ALTERNATIVES The City Council could decide to include or exclude firms as an alternate to staff's recommendations. LEGAL REVIEW Not required ATTACHMENTS 1. RFP's are available from the City Clerk's office ITEM NO. 8 TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: June 2, 2021 ",", 4k SUBJECT: Public Hearing and Adoption of Resolution No. 2021-020, Ordering the Assessments for the Citywide Landscaping and Lighting Maintenance Assessment District for FY2020-2021 SUMMARY The Purpose of this report is to outline the required Public Hearing and subsequent adoption of a resolution ordering the annual levy and collection of assessments related to the Citywide Landscaping and Lighting Maintenance District, FY2021-2022 (LLMD or District). RECOMMENDATION Staff recommends that Council hold a Public Hearing, and after considering testimony, adopt Resolution No. 2021-020, entitled "A Resolution of The City Council of The City of Baldwin Park, California, Ordering the Annual Levy and Collection of Assessment Associated with Citywide Landscaping and Lighting Maintenance Assessment District for FY2021-2022, and Authorizing the Los Angeles County Assessor to Add this Special Assessment to the Property Tax Bills." FISCAL IMPACT The District's anticipated revenue and expenditures were estimated at the time of the preparation of the Engineer's Report and presented to the City Council and subsequently approved on May 5, 2021. BACKGROUND Over the last decade, the District has been utilized to cover the costs of providing maintenance and improvements to the street lighting, traffic signal, and landscaping operations within the public right-of- way. The typical assessment has remained for over 19 years. On May 5, 2021 the City Council adopted Resolution No. 2021-015 which approved the Engineer's Report for the LLMD, declared its intent to levy and collect assessments, and set a date and time for the public hearing as June 02, 2021. The Public Hearing notice was posted as required. ALTERNATIVES None LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Resolution No. 2021-020 2. Public Hearing Notice RESOLUTION NO. 2021-020 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS ASSOCIATED WITH THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY2021-2022, AND AUTHORIZING THE LOS ANGELES COUNTY ASSESSOR TO ADD THIS SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS. WHEREAS, the City Council has previously ordered the formation of LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT No. 2007-1 (hereinafter referred to as the "DISTRICT") pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972" being Part 2 of Division 15, of the California Streets and Highway Code; and WHEREAS, the City Council has adopted Resolution No. 2021-015 approving the Engineer's Report pursuant to the Provisions of Division 15, Part 2 of the Streets and Highways Code and Article XIIID of the State Constitution, declaring its intention to order the annual levy and collection of assessments, and giving notice of the time and place for a Public Hearing on the questions of the levy of the proposed assessments; and WHEREAS, the City Council has heard all testimony and evidence, and is desirous of proceeding with the levy of annual assessments for the District. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the City Council hereby orders the maintenance work performed on the District as set forth in the Engineer's Report for FY2021-2022, and orders the annual levy and collection of assessment of the District as shown and set forth as described in said report and declaration of intention. SECTION 3. That the adoption of this Resolution constitutes the levy of the assessments for the fiscal year commencing July 1, 2021 and ending June 30, 2022. SECTION 4. That the Los Anaeles Countv Assessor, which collects shall enter on the Assessment Roll the amount of the assessments, and said assessments shall be collected and the net amount of the assessments shall be paid to the City Treasurer of the City of Baldwin Park. assessments on the City's behalf, SECTION 5. That the City Treasurer has established a special fund known as the "CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING DISTRICT FUND" into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of this Resolution. SECTION 6. That a certified copy of the assessment and diagram shall be filed in the office of the City Engineer and a certified copy of the diagram and assessment roll filed with the Los Angeles County Assessor, together with a certified copy of this resolution upon its adoption. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 2nd day of June 2021 EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I 1, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2021-020 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on June 02, 2021 and that the same was adopted by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN Marlen Garcia CITY CLERK COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: ITEM NO. 9 TO: Honorable Mayor and Members of the City Council ,HU �OF" 1�'1111,, i' �, "" T �1� FROM: Sam Gutierrez, Director of Public Works 'T DATE: June 2, 2021 SA� 64�R'W� 0 E Y", SUBJECT: Public Hearing and Adoption of Resolution No. 2021-021, JANO Ordering the Assessments for the Citywide Park Maintenance District for FY2021-2022 SUMMARY The Purpose of this report is to outline the required Public Hearing and subsequent adoption of a resolution ordering the annual levy and collection of assessments related to the Citywide Park Maintenance Assessment District for FY2021-2022. RECOMMENDATION Staff recommends that the Council hold a Public Hearing and after considering testimony, adopt Resolution No. 2021-021 entitled "A Resolution of The City Council of The City of Baldwin Park, California, Ordering the Annual Levy and Collection of Assessment Associated with the Citywide Park Maintenance Assessment District for FY2021-2022, and Authorizing the Los Angeles County Assessor to Add this Special Assessment to the Property Tax Bills." FISCAL IMPACT The District's anticipated revenue and expenditures were estimated at the time of the preparation of the Engineer's Report and presented to the City Council and subsequently approved on May 5, 2021. PMD revenue for FY2021-2022 is anticipated to include an estimated $25,600 from a General Fund Transfer. The General Fund Transfer is needed to cover the District shortfall and is included in the FY2021-2022 Budget. BACKGROUND The purpose of the Citywide Park Maintenance Assessment District is to serve as mechanism for the financing of operations and maintenance associated with City Parks. It is recommended that the City continue these parks maintenance programs, and fund them through special assessments provided by the PMD. In 1996, City of Baldwin Park property owner's approved the formation of a Park Maintenance Assessment District to financially support these programs, and the PMD's formation was established in conformance with proposition 218. On May 5, 2021 the City Council adopted Resolution No. 2021-016 which approved the Engineer's Report for the PMD, declared its intent to levy and collect assessments, and set a date and time for the public hearing as June 02, 2021. The Public Hearing notice was posted as required. ALTERNATIVES None LEGAL REVIEW This report has been reviewed and approved by City Attorney as to legal form and content. ATTACHMENTS 1. Resolution No. 2021-021 2. Public Hearing Notice RESOLUTION NO. 2021- 021 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS ASSOCIATED WITH THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY2021-2022, AND AUTHORIZING THE LOS ANGELES COUNTY ASSESSOR TO ADD THIS SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS. WHEREAS, the City Council has previously ordered the formation of PARK MAINTENANCE ASSESSMENT DISTRICT FY2021-2022 (hereinafter referred to as the "DISTRICT") pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972" being Part 2 of Division 15, of the California Streets and Highway Code; and WHEREAS, the City Council has adopted Resolution No. 2021-016 approving the Engineer's Report pursuant to the Provisions of Division 15, Part 2 of the Streets and Highways Code and Article XIIID of the State Constitution, declaring its intention to order the annual levy and collection of assessments, and giving notice of the time and place for a Public Hearing on the questions of the levy of the proposed assessments; and WHEREAS, the City Council has heard all testimony and evidence, and is desirous of proceeding with the levy of annual assessments for the District. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the City Council hereby orders the maintenance work performed on the Fistrict as set forth in the Engineer's Report for FY2021-2022, and orders the annual levy and collection of assessment of the District as shown and set forth and described in said report and declaration of intention. SECTION 3. That the adoption of this Resolution constitutes the levy of the assessments for the fiscal year commencing July 1, 2021 and ending June 30, 2022. SECTION 4. That the Los Angeles County Assessor, which collects assessments on th;--City's behalf, shall enter on the Assessment Roll the amount of the assessments, and said assessments shall be collected and the net amount of the assessments shall be paid to the City Treasurer of the City of Baldwin Park. SECTION 5. That the City Treasurer has established a special fund known as the "CITY OF BALDWIN PARK CITYWIDE MAINTENANCE DISTRICT FUND" into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of this Resolution. SECTION 6. That a certified copy of the assessment and diagram shall be filed in the office of the City Engineer and a certified copy of the diagram and assessment roll filed with the Los Angeles County Assessor, together with a certified copy of this resolution upon its adoption. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 2nd day of June 2021 EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I 1, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2021-021 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on June 02, 2021 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Marlen Garcia CITY CLERK