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09.20.23 Staff Report
Agenda SeDtember # i ii PM Mayor Emmanuel J. Estrada Mayor Pro Tern Monica Garcia Councilmember Alejandra Avila Councilmember Jean M. Ayala Councilmember Daniel Damian Welcome to your City Council Meeting We welcome your interest and involvement in the City's legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city's website and in the Office of the City Clerk. Please note that, in the event of a technical issue causing a disruption in the call -in option or internet-based option, the meeting will continue unless otherwise required by law, such as when a Board Member is attending the meeting virtually pursuant to certain provisions of the Brown Act. Electronic devices are to be turned off while meetings are in session. (i17f' 11M The City of Baldwin Park provides two ways to watch a City Council meeting: In Person Online Most City Council meetings take Audio streaming will be available at https://www.youtube.com/channel/UCFLZO dDFRjy59rhiDZ93Fr�/featured?view as=subscriber place at City Hall, 14403 E. Pacific http://baldwinpark rranicus.com/ViewPublisherp�?view id=10 Ave., Baldwin Park, CA 91706 Reasonable Accommodations Individuals with disabilities may request an agenda packet in appropriate alternative formats as required by the Americans with Disability Act of 1990..Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Clerk's Office at (626) 960-401.1. � t i 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 meeting. Speaker cards are available at the podium and by request with the City Clerk. i t t There is a three -minute speaking time limit. This is the time set aside to address the City Council. Please notify the City Clerk if you require the services of an interpreter. No Action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] If you wish to comment on agenda items and are unable to physically appear in person, please email your name, place of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM during City Council Meetings to commentsgbaidwinpark.com. Notice Regarding California Environmental Quality Act (CEQA) Determinations Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters listed in this Agenda are considered "projects" under CEQA, their appropriate CEQA determination will be listed below each recommendation. If no CEQA determination is listed, it has been determined that the action does not constitute a "project" under CEQA. CALL TO ORDER Ia0n0[KK17►I11ItuaCan 0[1)►`[.y OPEN SESSION/STUDY SESSION Presentation — SCE Vault Replacements and Power Infrastructure Upgrades in Downtown Baldwin Park, presented by Salvador Ramirez, SCE Government Affairs Manager. Presentation — Informational presentation from Potential Applicant on Development Options for 4161 Baldwin Park Blvd., presented by Wanjiku Gachiri, Business Development Analyst with EAH Housing. RECESS CLOSED SESSION 1. Conference With Legal Counsel —Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: One Potential Case - Property/Construction Issues at 14402 Pacific Avenue, Baldwin Park 2. Conference With Real Property Negotiator Pursuant to California Government Code, Section 54956.8 Property Address: 14402 Pacific Avenue Agency Negotiator: Enrique C. Zaldivar, Chief Executive Officer Negotiating Parties: Asher Family: Erik Friess Under Negotiation: Price and Terms of Payment for Purchase of Property 3. Conference with Legal Counsel — Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956 Case: Rukli, Inc vs City of Baldwin Park Case: K8 Investor Holding, LLC vs City of Baldwin Park Case: Vides vs City of Baldwin Park Los Angeles Superior Court ADJOURNMENT Case No. 22STCV28634 Case No. 2:23-CV-02428-SVW(PVCx) Case No. 22STCV11511 CERTIFICATION I, Christopher Saenz, City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Christopher Saenz City Cleric For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at squinonesL&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 I1) r t r Agenda a SeDtember 1 i 0f PM Mayor Emmanuel J. Estrada Mayor Pro Tern Monica Garcia Councilmember Alejandra Avila Councilmember Jean M. Ayala Councilmember Daniel Damian Welcome to your City Council Meeting We welcome your interest and involvement in the City's legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city's website and in the Office of the City Clerk. Please note that, in the event of a technical issue causing a disruption in the call -in option or internet-based option, the meeting will continue unless otherwise required by law, such as when a Board Member is attending the meeting virtually pursuant to certain provisions of the Brown Act. Electronic devices are to be turned off while meetings are in session. (i17f' 11M The City of Baldwin Park provides two ways to watch a City Council meeting: In Person Online Most City Council meetings take Audio streaming will be available at https://www.youtube.com/channel/UCFLZO dDFRjy59rhiDZ93Fr�/featured?view as=subscriber place at City Hall, 14403 E. Pacific http://baldwinpark rranicus.com/ViewPublisherp�?view id=10 Ave., Baldwin Park, CA 91706 Reasonable Accommodations Individuals with disabilities may request an agenda packet in appropriate alternative formats as required by the Americans with Disability Act of 1990..Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Clerk's Office at (626) 960-401.1. r t i 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 meeting. Speaker cards are available at the podium and by request with the City Clerk. i t t There is a three -minute speaking time limit. This is the time set aside to address the City Council. Please notify the City Clerk if you require the services of an interpreter. No Action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] If you wish to comment on agenda items and are unable to physically appear in person, please email your name, place of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM during City Council Meetings to commentsgbaidwinpark.com. Notice Regarding California Environmental Quality Act (CEQA) Determinations Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters listed in this Agenda are considered "projects" under CEQA, their appropriate CEQA determination will be listed below each recommendation. If no CEQA determination is listed, it has been determined that the action does not constitute a "project" under CEQA. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ANNOUNCEMENTS The City Council are also members of the Board of Directors of the Housing Authority, and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS Presentation — Baldwin Park Unified School District Students present an update of their trip to Sacramento. Proclamation — Childhood Cancer Awareness Month. Presentation: Certificate recognition to Eliana Ibarra and Rosa Moncada, M.S. from Rio Hondo College Student Life & Leadership department for their commitment to engage with the Students of Rio Hondo College to assist with volunteer opportunities in the community. PUBLIC COMMUNICATIONS CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. City of Baldwin Park's Warrants and Demands Staff recommends that the City Council ratify the attached Warrants and Demands Register. 2. Treasurer's Report City (CC) — July 2023 Staff recommends that Council receive and file the Treasurer's Report for July 2023. 3. Meeting Minutes It is recommended that the City Council approve the following meeting minutes: Meeting Minutes of the Regular City Council held on September 6, 2023. 4. Approve Project Plans and Specifications and Authorize Publishing a Notice Inviting Bids for City Project No. CIP 21-198 — Barnes Park Multi -Benefit Infiltration Project Staff recommends that the City Council: 1. Approve the plans and specifications for City Project No. CIP 21-198 — Barnes Park Multi - Benefit Infiltration Project; and, 2. Authorize staff to publish a Notice Inviting Bids. 5. Approval of the California Automated Permit Processing Program Public (CaIAPP) Service Grant Agreement with the California Energy Commission (CEC) to Automate the Solar Permitting Process to Promote the Development of Residential Solar and Solar -Plus -Storage Systems It is Staff s recommendation that the City Council: 1. Approve the CaIAPP Public Service Grant Agreement in the amount of $60,000 with CEC to provide Baldwin Park residents, homeowners, and commercial business owners with a streamlined permitting process for incorporation of solar projects within their homes or businesses as part of a conformance requirement with SB 129; and 2. Authorize the Mayor and City Clerk to execute the CalApp Public Service Grant Agreement. 6. Accept Completed Improvements and Authorize Close -Out of Project Expenditures for Maintenance Work at the Homeless Housing Family Site Project (Serenity Homes) Consisting of Material and Equipment Procurements, and Construction Work It is Staff s recommendation that the City Council: 1. Approve final expenditures for improvements for contract services from: a. Greg Ruvalo (Contractor) for a total amount of $ 38,314.00 consisting of. i. Installation of a glass sliding door in the amount of $2,660.00 ii. Installation of an access platform -and -step system in the amount of $13,080.00. iii. Perform roofing upgrades to an existing building in the amount of $15,280.00. iv. Installation of an entry gate security system in the amount of $7,294.00; and b. Ram Construction and Fencing LLC for the purchase and installation of a glass French door in the amount of $12,250.00; and c. Pedroza Concrete Systems Inc. for the repair and installation of epoxy flooring in the amount of $13,200.00; and d. ConvergeOne for procurement and installation of security cameras in the amount of $18,447.55; and 2. Approve final expenditures for materials procurement and placement for: a. Uline, Inc. for purchase of furniture and tables in the amount of $7,559.25; and 3. Authorize the Director of Finance to make necessary budget adjustments and authorize the Director of Public Works to process invoices including reimbursement request made to SGVRHT for qualified expenses. 7. Approve a Professional Services Agreement (PSA) with RailPros Rail Engineers for Construction Management and Inspection Services for City Project No. CIP 20-31 —Traffic Signal and Rail Crossing Safety Improvements at Pacific Avenue and Bogart Avenue. Staff recommends that the City Council: 1. Approve the proposal from RailPros in the amount of $ 293,090.85 for construction management and inspection services for City Project No. CIP 20-31; and, 2. Authorize the Director of Finance to drawdown and appropriate $323,400.00 from the Measure M Bond Proceeds Fund No. 660 to Fund No. 255 to cover the cost; and, 3. Authorize the Mayor and City Clerk to execute a Professional Services Agreement (PSA) for Construction Management and Inspection Services for City Project No. CIP 20-31. 8. Adoption of Resolution No. 2023-030 establishing Guidance for The Negotiation of Commercial Cannabis Community Benefit Fees. It is recommended that the City Council adopt Resolution No. 2023-030, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ESTABLISHING GUIDANCE FOR THE NEGOTIATION OF COMMERCIAL CANNABIS COMMUNITY BENEFIT FEES TO BE INCLUDED IN A RECOMMENDED COMMERCIAL CANNABIS AGREEMENT (CCA) FOR CANNABIS MANUFACTURING, CULTIVATION AND DISTRIBUTION OPERATIONS". 9. Accept and Approve Plans and Specifications and Award of a Construction Contract and a Consultant Agreement for City Project No. CIP 20-129 San Gabriel River Bikeway Greening Project, Ph. II Including Non -Infrastructure Components Staff recommended that the City Council: 1. Accept and Approve Project Plans and Specifications for City Project CIP 20-129; and, 2. Approve and award the construction contract to Grifith Company, of Brea, CA in the amount of $1,929,498.75; and, 3. Approve a Consultant Services Agreement (CSA) with Tripepi Smith and Associates for the non -infrastructure components such as programming and community outreach, in the amount not to exceed of $104,000; and, 4. Authorize the Director of Public Works to negotiate and execute an agreement with the City's on -call consultants for Construction Management and Inspection Services; and, 5. Authorize the Director of Finance to appropriate Funds from Fund 245 (Proposition C) in the amount of $343,693.23, Fund 256 (SBI) in the amount of $250,000, Fund 270 (Grant Funds -ATP Cycle 3 — Non infrastructure) in the amount of $104,000, and Fund 270, (Grant Funds -RMC Prop 68) in the amount of $993,790.00; and, 6. Authorize the Mayor and City Clerk to execute the construction contract with Grifith Company and (CSA) with Tripepi Smith, for CIP 20-129 — San Gabriel River Bikeway Greening Project, PH. IL Including non -infrastructure components. PUBLIC HEARING 10. Public Hearing Regarding Fiscal Year 2022-23 Consolidated Annual Performance & Evaluation Report (CAPER). It is recommended that the City Council: 1. Conduct a Public Hearing to hear comments and approve the Final 2022-23 Consolidated Annual Performance & Evaluation Report (CAPER) for federal CDBG and HOME funds; and 2. Authorize the City Manager to transmit this report to the United States Department of Housing and Urban Development (HUD) by the deadline of September 28, 2023. REPORTS OF OFFICERS 11. Approval of Employment Agreement with Albert Trinh for the position of Accounting Manager It is recommended that the City Council approve the Agreement with Albert Trinh for the position of Accounting Manager (subject to any non -substantive changes made by Chief Executive Officer and the City Attorney) and direct the Mayor and City Clerk to execute it. CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION SA 1. Successor Agency To The Dissolved Community Development Commission of The City of Baldwin Park Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register. SA 2. Treasurer's Report SA — July 2023 Staff recommends that the Board receive and file the Treasurer's Report for July 2023. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION Mayor Estrada seeks consensus from Council to • Direct staff to look into replacing existing fixed trash receptacles with solar powered trash compacting receptacles withing the public right-of-way. Mayor Pro Tem Garcia seeks consensus from Council to: • Discuss the consideration and development of local hire policies for city funded projects, to benefit Baldwin Park residents. • Discussion on the purpose of local elected bodies and members of the City Council, as well as roles of each member of the Council as defined by the City's Municipal Code. Councilmember Damian seeks consensus from Council to: Direct staff to review the adequacy of the City's garage/yard sales regulations (Section 119.02 of the BPMC) in terms of its currently allowable frequency once per quarter, on the first weekend of March, June, September, and December. Mayor Estrada, CEO Zaldivar, and Community Services Supervisor Yuriko Ruizesparza herein report: • Update about their City business travel to the California Contract Cities Association Fall Educational Summit on September 8 thru September 10, 2023 in the City of San Diego. Mayor Estrada was a Panelist with the LA County Supervisor Lindsey Horvath on Homelessness. Other educational workshops included Affordable Housing, Proposed Legislative Actions, and Municipal Funding options using Federal Funds. UIaL1111n aa1NomY CERTIFICATION I, Christopher Saenz, City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Christopher Saenz City Clerk For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at sguinones(a),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) 960-401.1. 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 I1) l l 9\ us TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance san�;,aB'e` PREPARED BY: Ana Zhang, Senior Finance Clerk 0'w DATE: September 20, 2023 SUBJECT: City of Baldwin Park's Warrants and Demands SUMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION It is recommended that the City Council ratify the attached Warrants and Demands Register. FISCAL IMPACT The payroll for the last period was $572,022.74 and the attached General Warrants Register was $2,181,317.49 for a total amount of $2,753,340.23. BACKGROUND The attached Claims and Demands report format meet 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 202080 to 202097 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 42227 to 42519 for the period August 20, 2023 through September 2, 2023 inclusive; these are presented and hereby ratified in the amount of $572,022.74. 2. General Warrants, with the electronic fund transfer (EFT) bank drafts in the amount of $345,926.56 and checks from 242652 to 242858 in the amount of $1,835,390.93 for the period of August 29, 2023 to September 11, 2023, inclusive; in the total amount of $2,181,317.49 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 ATTACHMENTS 1. Check Register Page 1 / 1 �"8 "lot .. to Payment Number 1030 242652 242653 242653 242653 242653 242654 242654 242655 242655 242655 242655 242655 242655 242656 242657 242658 242658 242658 242658 242659 242659 242660 242660 242660 242660 242661 242661 242661 242661 242661 242661 242662 242662 242662 242662 242662 242663 242663 242663 242663 242664 242664 242665 242665 242665 242666 242666 242666 242666 242666 242666 242666 242666 242666 242666 City of Baldwin Park, CA Check Register By (None) Payment Dates 8/29/2023 - 9/11/2023 Payment Date Vendor Name Description (Item) Account Number Amount 09/08/2023 LIEBERT CASSIDY WHITMORE ERC MEMBERSHIP W/PREMIUM FOR7/l/2023-6/30/2024 100-10-150-51101-00000 $ 4,830.00 08/30/2023 HOME DEPOT PROFESSIONAL SERVICES AGREEMENT FOR HIGH 275-50-755-58100-55026 $ 70,119.00 08/31/2023 AFLAC AFLAC 100-00-000-21216-00000 $ 734.34 08/31/2023 AFLAC AFLAC 100-00-000-21216-00000 $ 137.45 08/31/2023 AFLAC AFLAC 100-00-000-21216-00000 $ 734.25 08/31/2023 AFLAC AFLAC 100-00-000-21216-00000 $ 137.45 08/31/2023 ALLSTATE WORKPLACE DIVISION CANCER INSURANCE 100-00-000-2122 1 -00000 $ 81,12 08/31/2023 ALLSTATE WORKPLACE DIVISION CANCER INSURANCE 100-00-000-21221-00000 $ 81.13 08/31/2023 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 31,12 08/31/2023 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 74.76 08/31/2023 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 1,286.57 08/31/2023 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 3,543.12 08/31/2023 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 1,286.57 O8/31/2023 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 3,543.14 08/31/2023 BALDWIN PARK MNGMT ASSOC. MANAGEMENT DUES 100-00-000-21218-00000 $ 10.00 O8/31/2023 BALDWIN PARK MNGMT ASSOC. MANAGEMENT DUES 100-00-000-21218-00000 $ 10.00 08/31/2023 BALDWIN PARK POLICE ASSOC POLICE SWORN DUES 100-00-000-21219-00000 $ 3,003.77 O8/31/2023 BALDWIN PARK POLICE ASSOC POLICE NON -SWORN DUES 100-00-000-21219-00000 $ 958.66 08/31/2023 BALDWIN PARK POLICE ASSOC POLICE SWORN DUES 100-00-000-21219-00000 $ 6,365.12 O8/31/2023 BALDWIN PARK POLICE ASSOC POLICE NON -SWORN DUES 100-00-000-21219-00000 $ 1,228.65 08/31/2023 C.L.E.A. CLEA DISABILITY POLICE SWORN 403-10-000-47130-13404 $ 783.00 O8/31/2023 C.L.E.A. CLEA DISABILITY POLICE SWORN 403-10-000-47130-13404 $ 540.00 08/31/2023 CITY EMPLOYEES ASSOCIATES DUES CMEA 100-00-000-21226-00000 $ 36.00 O8/31/2023 CITY EMPLOYEES ASSOCIATES DUES CONFIDENTIAL/CEA 100-00-000-21227-00000 $ 27.00 08/31/2023 CITY EMPLOYEES ASSOCIATES DUES CMEA 100-00-000-21226-00000 $ 36.00 08/31/2023 CITY EMPLOYEES ASSOCIATES DUES CONFIDENTIAL✓CEA 100-00-000-21227-00000 $ 27.00 08/31/2023 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21211-00000 $ (19.17) 08/31/2023 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21211-00000 $ 14.74 08/31/2023 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21211-00000 $ 274.26 08/31/2023 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21253-00000 $ 79.62 08/31/2023 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21211-00000 $ 408.32 08/31/2023 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21253-00000 $ 79.62 08/31/2023 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 $ 189.83 08/31/2023 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICIIS AUTHORITY 100-00-000-21211-00000 $ 3,545.12 08/31/2023 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21253-00000 $ 466.72 08/31/2023 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICIIS AUTHORITY 100-00-000-21211-00000 $ 4,220.98 08/31/2023 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21253-00000 $ 466.72 08/31/2023 P.T.E.A. PTEA DUES 100-00-000-21220-00000 $ 323.00 08/31/2023 P.T.E.A. CLERICAL DUES 100-00-000-21224-00000 $ 85.50 08/31/2023 P.T.E.A. PTEA DUES 100-00-000-21220-00000 $ 323.00 08/31/2023 P.T.E.A. CLERICAL DUES 100-00-000-21224-00000 $ 85.50 08/31/2023 PRE -PAID LEGAL SERVICES, INC. PRE -PAID LEGAL SERVICES 100-00-000-21230-00000 $ 82.21 08/31/2023 PRE, -PAID LEGAL:., SERVICES, INC. PRE -PAID LEGAL, SERVICES 100-00-000-21230-00000 $ 82.19 08/31/2023 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 $ 53.94 08/31/2023 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 $ 1,079.64 08/31/2023 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 $ 1,381.08 08/31/2023 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS C/100,000 100-00-000-21254-00000 $ 101.50 08/31/2023 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY SUPP. LIFE - LINCOLN NATIONAL 100-00-000-21212-00000 $ 747.34 08/31/2023 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE, INS B/50,000 100-00-000-21254-00000 $ 569.91 08/31/2023 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS Cl100,000 100-00-000-21254-00000 $ 43.50 08/31/2023 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS D/60,000 100-00-000-21254-00000 $ 17.40 09/31/2023 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY SUPP. LIFE - LINCOLN NATIONAL 100-00-000-21212-00000 $ 747.16 08/31/2023 THE, LINCOLN NATIONAL:., LIFE INSURANCE, COMPANY LIFE INS B/50,000 100-00-000-21254-00000 $ 506.71 09/31/2023 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS C/100,000 100-00-000-21254-00000 $ 43.50 08/31/2023 THE, LINCOLN NATIONAL.., LIFE INSURANCE, COMPANY LIFE INS D/60,000 100-00-000-21254-00000 $ 17.40 09/31/2023 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS B/50,000 100-00-000-21254-00000 $ 3.63 Page 1 of 9 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 242666 08/31/2023 THE, LINCOLN NATIONAL:., LIFE INSURANCE, COMPANY SEP.2023 PREMIUM BASIC LIFE & AD & D & STD & LIT) 403-10-160-54130-00000 $ 5,904.86 242667 09/31/2023 EDWON CARL SMITH TILE PLAQUES FOR PROJECT HOPE CA 100-10-100-53320-00000 $ 36.39 242668 08/31/2023 EMMANUEL ESTRADA PER DIEM/ MILEAGE --CA CONTRACT CITIES ASSOC. CONK 100-10-100-53350-61000 S 260.51 242669 09/31/2023 ENRIQUE C. ZALDIVAR PER DIEM/ MILEAGE -CA CONTRACT CITIES ASSOC. CONE. 100-10-110-53350-00000 $ 25527 242670 08/31/2023 GRAFFITI TRACKER INC. ANNUAL PRO. SERVICES AGREEMENT -GRAFFITI TRACKER 240-50-570-51101-15733 $ 15,000.00 242671 09/31/2023 JIMMY WONG REIM FOR COMMUNITY CENTER SPEAKER 100-60-610-53100-00000 $ 43.81 242672 08/31/2023 LOS ANGELES COUNTY POLICE CHIEFS ASSOCIATION LACPCA 2023 OCT.23 FALL, CONFERENCE, FOR Cl I I EF LOPEZ 100-30-300-53350-00000 S 300.00 242673 08/31/2023 MANUEL AVILA REMOVAL & REPLACEMENT OF SOLAR CONTROL WINDOW FILM 100-60-620-53371-00000 $ 412.50 242673 08/31/2023 MANUEL AVILA REMOVAL & REPLACEMENT OF SOLAR CONTROL WINDOW FILM 252-60-620-5337 1 -00000 S 412.50 242674 08/31/2023 MERGE CONCEPTUAL DESIGN LLC DESIGN BUILD SERVICES FOR AN ART IN PUBLIC 3/8/23 236-50-520-58110-15725 $ 24,654.40 242675 08/31/2023 NICHOLS LUMBER & HARDWARE. SUPPLIES FOR DOWNTOWN STREET MARKET 100-60-610-53100-16101 S 273.20 242676 08/31/2023 OLGA LEAL DUARTE ARPA SENIOR TRIPS & EVENTS REIM 8/3 REDONDO BEACH 275-60-726-53370-16074 $ 20.00 242677 08/31/2023 PERLA D. 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BILINGUAL TEST EMPLOYEES IN JULY 2023 TOO- 10-150-51101-00000 $ 180.00 242806 09/07/2023 CARLOS HERMOSILLO CPR/FA/AED SAFETY TRAINING FOR STAFF 100-60-610-51101-00000 S 113.82 242806 09/07/2023 CARLOS HERMOSILLO CPR/FA/AED SAFETY TRAINING FOR STAFF 100-60-630-51101-00000 $ 28435 242806 09/07/2023 CARLOS HERMOSILLO CPR/FA/AED SAFETY TRAINING FOR STAFF 100-60-650-51100-00000 S 284.35 242806 09/07/2023 CARLOS HERMOSILLO CPR/FA/AED SAFETY TRAINING FOR STAFF 100-60-660-51101-00000 $ 227.48 242807 09/07/2023 CINTAS FIRST AID & SAFETY AED UNITQCITY FACILITIES&FIST AID@COMMUNITY CENTER 100-60-610-53100-00000 S 481.83 242807 09/07/2023 CINTAS FIRST AID & SAFETY AED UNIT@CITY FACILITIES&FIST AID@COMMUNITY CENTER 403-10-160-51101-11350 $ 1,267.88 242807 09/07/2023 CINTAS FIRST AID & SAFETY AED UNIT aiCITY FACILITIES&FIST AID@COMMUNITY CENTER 100-60-610-53100-00000 S 392.49 242807 09/07/2023 CINTAS FIRST AID & SAFETY AED UNIT@CITY FACILITIES&FIST AID(cilCOMM JNITY CENTER 100-60-610-53100-00000 $ 90.41 242808 09/07/2023 CSULB FOUNDATION TUITION FEE, FOR LEGISLATIVE, TRAINING 9/18-9/20/23 501-30-000-22410-00000 $ 454.00 242809 09/07/2023 EAGLE PORTABLES INC RENTAL OF PORTABLE TOILETS FOR SIX WEEKS 100-60-610-53391-16101 $ 1,196.66 242809 09/07/2023 EAGLE PORTABLES INC RENTAL OF PORTABLE TOILETS FOR SIX WEEKS 100-60-610-53391-16101 $ 1,196.66 242810 09/07/2023 ERICA HERNANDEZ ARPA BASIC REIM PRO. SUMMER CAMP REG. FOR WEEK# 4-9 275-60-734-53370-16077 $ 1,01400 Page 6 of 9 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 242811 09/07/2023 EVAN MARTIN LEGISLATIVE, TRAINING 9/18-20/2023-EVAN M. 501-30-000-22410-00000 $ 33.00 242812 09/07/2023 FERNANDO GRANADOS TWO CLASSES @LANDSCAPE EXPO (9/20&21/2023) 240-50-560-53200-00000 $ 75.00 242813 09/07/2023 FOOD 4 LESS FOOD FOR FREF, SENIOR MEAL PROGRAM-MONTII #15- SEP. 275-60-713-53100-16075 $ 15,274.35 242814 09/07/2023 FRONTIER COMMUNICATIONS TINY HOMES-14173 GARVEY 8/19-9/19/23 ACT#8215 501-50-000-22000-55003 $ 100.99 242815 09/07/2023 HELEN I I IIERNANDEZ PURCIIASE MATERIALS SUPPLIES FOR DOWNTOWN STR MRKET 100-60-610-53100-16101 $ 138.19 242816 09/07/2023 JONATHAN ROMERO PAPA &LANDSCAPE EXPO TRAINING(9/20&21/2023) 240-50-560-53200-00000 $ 395.00 242816 09/07/2023 JONATHAN ROMERO PHONE CASE FOR CITY PHONE 245-50-560-53100-00000 $ 14.24 242817 09/07/2023 LORENZO R SALLAS 2 STAGES SRVC FOR DOWTOWN STR MARKET 8/10-9/14/23 100-60-610-51100-16101 $ 7,503.33 242817 09/07/2023 LORENZO R SALLAS 2 STAGES SRVC FOR DOWTOWN STR MARKET 8/10-9/14/23 100-60-610-51100-16101 $ 7,503.33 242817 09/07/2023 LORENZO R SALLAS 2STAGES SRVC FOR DOWNTOWN ST MARKET(8/10-9/14/2023 100-60-610-51100-16101 $ 7,503.35 242818 09/07/2023 LUIS ROSALES PURCIIASE MATERIALS&SUPPLIES FOR BOXING CLUB 100-60-610-53100-16130 $ 39.69 242819 09/07/2023 MATTHEW BALZANO DUI CHECKPOINT AMDN MGMT TRAINING ON 9/15/2023 100-30-310-53200-00000 $ 11,00 242820 09/07/2023 RIVERSIDE COUNTY SHERIFF / BEN CLARK TRAINING CENTER TUITION FOR FIELD TRAINING OFFICER COURSE-STEVEN A 100-30-310-53200-00000 $ 267.00 242821 09/07/2023 SOUTHLAND TRANSIT, INC. FAREBOX REVENUE JULY 2023 244-50-000-4215 1 -00000 $ (180.00) 242821 09/07/2023 SOUTHLAND TRANSIT, INC. FAREBOX REVENUE JULY 2023 244-50-000-4215 1 -00000 $ (3,217.00) 242821 09/07/2023 SOUTHLAND TRANSIT, INC. DIAL -A RIDE SERTVICES JULY 2023 244-50-580-51100-15520 $ 23,990.97 242821 09/07/2023 SOUTHLAND TRANSIT, INC. FIXED ROUTE SERVICES JULY 2023 244-50-580-51100-15525 $ 133,414.61 242821 09/07/2023 SOUTHLAND TRANSIT. INC. SPECIAL TRANSPORTATION SERVICES JULY 2023 244-50-580-51100-15525 $ 302.03 242821 09/07/2023 SOUTHLANDIRANSIT,INC. FUEL COST 402-50-590-53110-16140 $ 10,404.36 242822 09/07/2023 TUFF KIDZ W. C. INC CONTRAT SERVICES TO PROVIDE WRESTLING CLASSES AUG. 501-60-000-22328-00000 $ 260.00 242823 09/07/2023 USA ALARM SYSTEMS, INC. FIRE ALARM SYSTEM MONITORING SERVICES 9/1-9/30/23 100-60-620-58140-00000 $ 973.34 242823 09/07/2023 USA ALARM SYSTEMS, INC. FIRE ALARM SYSTEM MONITORING SERVICES 9/1-9/30/23 100-60-620-58140-15100 $ 245.00 242823 09/07/2023 USA ALARM SYSTEMS, INC. FIRE ALARM SYSTEM MONITORING SERVICES 9/1-9/30/23 252-60-620-58140-00000 $ 973.33 242824 09/07/2023 VERIZON WIRELESS CELLULAR & TABLETS SERVICE FOR 6/22-7/21/2023 246-50-540-53403-15005 $ 2,000.00 242824 09/07/2023 VERIZON WIRELESS CELLULAR & TABLETS SERVICE, FLEET SERV 402-50-590-53403-00000 $ 135.28 242825 09/07/2023 VICTORIA VALVERDE PUBLIC WORKS APPRECIATION LUNCH AT CITY YARD 8/30 501-50-000-22543-00000 $ 300.00 242826 09/07/2023 WAXIE SANITARY SUPPLY MATERIALS & SUPPLIES FOR BUILDING MAINTENANCE JULY 100-60-620-53100-00000 $ 872.47 242826 09/07/2023 WAXIE SANITARY SUPPLY MATERIALS & SUPPLIES FOR BUILDING MAINTENANCE JULY 100-60-620-53100-00000 $ 1,339.59 242826 09/07/2023 WAXIE SANITARY SUPPLY MATERIALS & SUPPLIES FOR BUILDING MAINTENANCE JULY 252-60-620-53100-00000 $ 885.12 242826 09/07/2023 WAXIE SANITARY SUPPLY MATERIALS & SUPPLIES FOR BUILDING MAINTENANCE JULY 252-60-620-53100-00000 $ 1,326.95 242826 09/07/2023 WAXIE SANITARY SUPPLY MATERIALS & SUPPLIES FOR BUILDING MAINTENANCE AUG. 100-60-620-53100-00000 $ 1,638.74 242826 09/07/2023 WAXIE SANITARY SUPPLY MATERIALS & SUPPLIES FOR BUILDING MAINTENANCE AUG. 252-60-620-53100-00000 $ 1,638.75 242827 09/07/2023 BERLITZ LANGUAGES, INC. BILINGUAL TEST EMPLOYEES IN MAY2023 100-10-150-51100-00000 $ 180.00 242827 09/07/2023 BERLITZ LANGUAGES, INC. BILINGUAL TEST EMPLOYEES IN JUNE2023 100-10-150-51100-00000 $ 60.00 242828 09/07/2023 CONCENTRA HEALTH SERVICES, INC PHYSICAL EXAM 5/25 &TB TEST 5/30/23 FOR VOLUNTEER 100-10-150-51101-00000 $ 171.00 242828 09/07/2023 CONCENTRA HEALTH SERVICES, INC PHYSICAL EXAM FOR 8 LEADER, 1 CLASS II MAINTENANCE 100-10-150-51100-00000 $ 1,105.00 242829 09/07/2023 DUNN-EDWARDS CORP PAINTING SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 $ 133.46 242829 09/07/2023 DUNN-EDWARDS CORP PAINTING SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 $ 133.46 242830 09/07/2023 FRANK HARD ARPA SENIOR TRIPS & EVENTS REIM PRO.6/25-DODGERS 275-60-726-53370-16074 $ 37.00 242831 09/07/2023 G.M. SAGER CONSTRUCTION CO., INC. SINK HOLE AT 13850 FRANCISQUITO AVE-EMERGENCY WORK 240-50-551-51100-15705 $ 12,470.00 242832 09/07/2023 JOE BALDWIN QUIJAS ARPA SENIOR TRIPS & EVENTS REIM PRO. MAY 4-CINCO 275-60-726-53370-16074 $ 5.00 242833 09/07/2023 JUAN RUVALCABA ARPA SENIOR TRIPS & EVENTS REIM PRO. MAY 4-CINCO 275-60-726-53370-16074 $ 5.00 242834 09/07/2023 RETIREMENT HOUSING FOUNDATION REIMBURSEMENT OF FILING FEES FOR PROJECT LOCATION 100-40-000-22350-14135 $ 776.80 242835 09/07/2023 SMART & FINAL MATERIALS & SUPPLIES PURCHASED FOR 4TH OF JULY 100-60-610-53100-16145 $ 366.68 242836 09/07/2023 SOUTH COAST A.Q.M.D LATE FEE FOR ANNUAL AIR TOXICS HOT SPOTS PERMIT 100-60-620-55745-00000 $ 7.66 242836 09/07/2023 SOUTH COAST A.Q.MD LATE FEE FOR ANNUAL AIR TOXICS HOT SPOTS PERMIT 100-60-620-55745-00000 $ 7.66 242837 09/07/2023 SOUTHLAND TRANSIT, INC. FIXED ROUTE SERVICES JUNE 2023 244-50-580-51100-15525 $ 88,419.20 242837 09/07/2023 SOUTI LAND TRANSIT, INC. DIAL -A -RIDE SERVICES FOR JUNE 2023 245-50-580-51100-15520 $ 29,545.14 242837 09/07/2023 SOUTHLAND TRANSIT, INC. FIXED ROUTE SERVICES JUNE 2023 245-50-580-51100-15525 $ 57,52435 242837 09/07/2023 SOUTI LAND TRANSIT, INC. FUEL COST JUNE, 2023 402-50-590-53110-16140 $ 8,433.61 242837 09/07/2023 SOUTHLAND TRANSIT, INC. FARE BOX REVENUE 244-50-000-42 15 1 -00000 $ (3,490.00) 242837 09/07/2023 SOUTI LAND TRANSIT, INC. FARE BOX REVENUE 244-50-000-42151-00000 $ (175.00) 242838 09/07/2023 THE SAUCE CREATIVE SERVICES CORP DESIGN OF THE SUMMER 2023 RECREATION GUIDE 100-60-610-51101-00000 $ 2,380.00 242838 09/07/2023 THE SAUCE CREATIVE SERVICES CORP DESIGN OF THE SUMMER 2023 RECREATION GUIDE 100-60-630-51101-00000 $ 2,000.00 242838 09/07/2023 THE SAUCE CREATIVE SERVICES CORP DESIGN OF THE SUMMER 2023 RECREATION GUIDE 100-60-660-51101-00000 $ 345.00 242839 09/07/2023 ABRAHAM ARREZOLA LANDSCAPE EXPO CLASSES (9/20&9/21/2023) 240-50-571-53200-00000 $ 75.00 242840 09/07/2023 AGRISERVE PEST CONTROL INC GOPHER CONTROL AT BARNES PARK 240-50-560-51100-00000 $ 185.00 242841 09/07/2023 ARAMARK UNIFORM SERVICES UNIFORMS FOR SEIU EMPLOYEES, ASPHALT 240-50-551-53100-13401 $ 287.85 242841 09/07/2023 ARAMARK UNIFORM SERVICES UNIFORMS FOR SEIU EMPLOYEES, ASPHALT 240-50-551-53100-13401 $ 84A6 242841 09/07/2023 ARAMARK UNIFORM SERVICES UNIFORMS FOR SEIU EMPLOYEES, ASPHALT 240-50-551-53100-13401 $ 251.94 242841 09/07/2023 ARAMARK UNIFORM SERVICES UNIFORMS FOR SEIU EMPLOYEES, ASPHALT 240-50-551-53100-13401 $ 84A6 242841 09/07/2023 ARAMARK UNIFORM SERVICES UNIFORMS FOR SEIU EMPLOYEES, ASPHALT 240-50-551-53100-13401 $ 245.85 242841 09/07/2023 ARAMARK UNIFORM SERVICES UNIFORMS FOR SEIU EMPLOYEES, ASPHALT 240-50-551-53100-13401 $ 97.24 Page 7 of 9 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 242841 09/07/2023 ARAMARK UNIFORM SERVICES UNIFORMS FOR SFIU EMPLOYEES, ASPHALT 240-50-551-53100-13401 $ 409.69 242841 09/07/2023 ARAMARK UNIFORM SERVICES UNIFORMS FOR SEIU EMPLOYEES, ASPHALT 240-50-551-53100-13401 $ 38.51 242841 09/07/2023 ARAMARK UNIFORM SERVICES UNIFORMS FOR SFIU EMPLOYEES, STREET SWEEPING 246-50-552-53100-13401 $ 45.95 242842 09/07/2023 CYNTHIA ESPINOZA CRIME PREVENTION OFFICER TRANING(9/17-21/23) 5DAY 100-30-310-53200-00000 $ 310.50 242843 09/07/2023 GEO PLASTICS 15 QUART DRAINER CTNERS-REUSALF, 011, RECYCLING CTNS 247-50-510-53100-17440 $ 4,999.42 242844 09/07/2023 HIPOLITO REYES LOPEZ MUSIC FOR SEPTEMBER BIRTHDAY CELEBRATION IN SEP23 501-60-000-22327-00000 $ 350.00 242845 09/07/2023 HOME; DEPOT MATERIALS & SUPPLIES -MISCELLANEOUS ITEMS 251-50-571-53100-00000 $ 519.12 242845 09/07/2023 HOME DEPOT MATERIALS & SUPPLIES -MISCELLANEOUS ITEMS 251-50-571-53100-00000 $ 63.81 242845 09/07/2023 HOME DEPOT MATERIALS & SUPPLIES -PAINT FOR THE GRAFFITI DIVISI 245-50-570-53100-14885 $ 256.85 242846 09/07/2023 HONEYCOTT., INC COLONY OF HONEYBEES REMOVED ON 8/3/2023@COMMNUNITY 251-50-562-53100-00000 $ 135,00 242847 09/07/2023 JUAN JOSE ORNELAS LOPEZ MUSIC FOR OCTOBER BIRTHDAY CELEBRATION 501-60-000-22327-00000 $ 438.00 242847 09/07/2023 JUAN ,LOSE ORNELAS LOPEZ MUSIC FOR NOVEMBER BIRTHDAY CELEBRATION 501-60-000-22327-00000 $ 438.00 242848 09/07/2023 JUST REWARDS GIFT CARDS FOR EMPLOYEE TRANSPORTATION PROGRAM 231-50-540-53120-00000 $ 111.50 242848 09/07/2023 JUST REWARDS GIFT CARDS FOR EMPLOYEE TRANSPORTATION PROGRAM 231-50-540-53120-00000 $ 111,50 242849 09/07/2023 MARIPOSA LANDSCAPES INC. MAINTAIN SELECTED LANDSCAPED AREAS CITYWIDE 7/2023 251-50-560-51100-00000 $ 8,333.33 242850 09/07/2023 OFFICE DEPOT INC OFFICE SUPPLIES FOR ENGINEERING DEVISION 240-50-510-53100-00000 $ 52.57 242851 09/07/2023 SAN GABRIEL VALLEY WATER COMPANY COST OF WATER FOR CITY PARKS 7/25-8/22/2023 252-60-620-53402-00000 $ 5,571.33 242852 09/07/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR TRAFFIC LIGHTS 6/26-7/26/2023 251-50-530-53401-00000 $ 5,111,35 242852 09/07/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY_SPRINKLERS 7/18-8/15/23 RAMONA BLVD 251-50-560-53401-00000 $ 17.37 242852 09/07/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR CITY PARKS ( 7/25-8/22/2023) 252-60-620-5340 1 -00000 $ 981,55 242852 09/07/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR METROLINK 7/27-8/24/2023 245-50-530-53401-15535 $ 182.98 242853 09/07/2023 SPARKLETTS WATER&COFFEE SUPPLIES FOR THE CITY FACILITIES 100-60-620-53100-00000 $ 707.82 242853 09/07/2023 SPARKLETTS WATER&COFFEE SUPPLIES FOR THE CITY FACILITIES 252-60-620-53100-00000 $ 707.83 242854 09/07/2023 STAPLES BUSINESS CREDIT MATERIALS & SUPPLIES FOR COMMUNITY & SENIOR CENTER 100-60-610-53100-00000 $ 267.90 242854 09/07/2023 STAPLES BUSINESS CREDIT MATERIALS & SUPPLIES FOR COMMUNITY & SENIOR CENTER 100-60-610-53100-00000 $ 665.87 242854 09/07/2023 STAPLES BUSINESS CREDIT MATERIALS & SUPPLIES FOR COMMUNITY & SENIOR CENTER 100-60-610-53100-00000 $ (54.01) 242854 09/07/2023 STAPLES BUSINESS CREDIT MATERIALS & SUPPLIES FOR COMMUNITY & SENIOR CENTER 100-60-610-53100-00000 $ 128.11 242854 09/07/2023 STAPLES BUSINESS CREDIT MATERIALS & SUPPLIES FOR COMMUNITY & SENIOR CENTER 100-60-610-53100-00000 $ 176.05 242854 09/07/2023 STAPLES BUSINESS CREDIT MATERIALS & SUPPLIES FOR COMMUNITY & SENIOR CENTER 100-60-630-53100-00000 $ 498.30 242854 09/07/2023 STAPLES BUSINESS CREDIT MATERIALS & SUPPLIES FOR COMMUNITY & SENIOR CENTER 100-60-630-53100-00000 $ 48.47 242855 09/07/2023 SUNNY KIM DUI CHECKPOINT&MGMT TRAINING 9/15/23 1DAY 100-30-310-53200-00000 $ 11.00 242856 09/07/2023 SWANK MOTION PICTURES INC. MOVIE LICENSE FOR MOVIES ON THE GREEN 7/28/2023 100-60-680-51100-00000 $ 425.00 242857 09/07/2023 THE GAS COMPANY COST OF GAS FOR CITY PARKS 7/26-8/24/2023 252-60-620-53400-00000 $ 1,390.78 242857 09/07/2023 THE GAS COMPANY TINY HOMES-7/27-8/25/2023 ACT#14691769161 275-60-710-53370-66023 $ 134.70 242857 09/07/2023 THE GAS COMPANY COST OF GAS FOR CITY BUILDINGS 7/28-8/28/2023 100-60-620-53400-00000 $ 635.57 242858 09/07/2023 VALLEY COUNTY WATER DIST COST OF WATER FOR 14337 OHIO STREET- IST MONTH 251-50-560-53402-00000 $ 55.93 DFT0007489 08/29/2023 PERS-RETIREMENT PERS SURVIVOR RETIREMENT 100-00-000-21207-00000 $ 12.00 DFT0007490 08/29/2023 PERS-RETIREMENT PERS MISC 350 100-00-000-21206-00000 $ 96.00 DFT0007491 08/29/2023 PERS-RETIREMENT PERS MISC 352 100-00-000-21206-00000 $ 120-00 DFT0007492 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 $ 1,962.06 DFT0007494 08/29/2023 PERS-RETIREMENT PERS MISC CITY PAID 100-00-000-21256-00000 $ 155.40 DFT0007495 08/29/2023 PERS-RETIREMENT PERS MISC CITY PAID - PEPRA 100-00-000-21256-00000 $ 207.20 DFT0007504 08/31/2023 PERS-RETIREMENT PERS SURVIVOR RETIREMENT 100-00-000-21207-00000 $ 197.16 DFT0007505 08/31/2023 PERS-RETIREMENT PERS REDEPOSIT 100-00-000-21206-00000 $ 21,78 DFT0007506 08/31/2023 PERS-RETIREMENT PERS SWORN- 344 100-00-000-21206-00000 $ 19,921.52 DFT0007507 08/31/2023 PERS-RETIREMENT PERS MISC 350 100-00-000-21206-00000 $ 16,971.51 DFT0007508 08/31/2023 PERS-RETIREMENT PERS SWORN 351 100-00-000-21206-00000 $ 10,466A1 DFT0007509 08/31/2023 PERS-RETIREMENT PERS MISC 352 100-00-000-21206-00000 $ 10,219.70 DFT0007510 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD HEALTH INSURANCE 100-00-000-21210-00000 $ 7,309.09 DFT0007511 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' ANTHEM SELECT HEALTH INSURANCE 100-00-000-21210-00000 $ 3,394.41 DFT0007512 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' ANTHEM TRADITIONAL HEALTH INSURANCE 100-00-000-21210-00000 $ 942.74 DFT0007513 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 $ 37,776.88 DFT0007514 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SALUD Y MAS HEALTH INSURANCE 100-00-000-21210-00000 $ 1,604.09 DFT0007515 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SMART CARE HEALTH INSURANCE 100-00-000-21210-00000 $ 755.29 DFT0007516 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD TRIO 100-00-000-21210-00000 $ 859.94 DFT0007517 08/31/2023 CALIFORNIA PUBLIC EMPLOYEES' PORAC - POLICE ONLY HEALTH INSURANCE 100-00-000-21210-00000 $ 1,870.00 DFT0007518 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTH CARE HEALTH INSURANCE 100-00-000-21210-00000 $ 1,35520 DFT0007519 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTH CARE HARMONY HEALTH INSURANCE 100-00-000-21210-00000 $ 713.55 DFT0007520 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' PERS GOLD HEALTH INSURANCE 100-00-000-21210-00000 $ 3,810.70 DFT0007521 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' PERS PLATINUM HEAULI I INSURANCE 100-00-000-21210-00000 $ 2,779.27 DFT0007531 09/31/2023 PERS-RETIREMENT PERS SWORN CITY PAID - PEPRA 100-00-000-21256-00000 $ 19,617.27 DFT0007532 08/31/2023 PERS-RETIREMENT PERS SWORN ER REG PAY 100-00-000-21256-00000 $ 31,527.57 DFT0007533 09/31/2023 PERS-RETIREMENT PT PERS MISC CITY PAID 100-00-000-21256-00000 $ 952.86 Page 8 of 9 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount DF"T0007534 08/31/2023 PERS-RETIREMENT PERS MISC CITY PAID 100-00-000-21256-00000 $ 26,519.80 DFT0007535 09/31/2023 PERS-RETIREMENT PERS MISC CITY PAID - PEPRA 100-00-000-21256-00000 $ 17,646.05 DFT0007536 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' BLUESIIIE.LD HEALTH INSURANCE 100-00-000-21210-00000 $ 369.15 DFT0007537 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 $ 12,709.29 DFT0007538 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SALUD Y MAS HEALTH INSURANCE 100-00-000-21210-00000 $ 1,306.34 DFT0007539 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTHCARE HEALTH INSURANCE 100-00-000-21210-00000 $ 700.00 DFT0007540 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' PERS GOLD HEALTH INSURANCE 100-00-000-21210-00000 $ 1,400.00 DFT0007552 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' PORAC - POLICE ONLY HEALTH INSURANCE 100-00-000-21210-00000 $ (1,050.00) DFT0007577 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD HEALTH INSURANCE 100-00-000-21210-00000 $ 7,309.09 DFT0007578 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' ANTHEM SELECT HEALTH INSURANCE 100-00-000-21210-00000 $ 3,394.41 DFT0007579 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' ANTHEM TRADITIONAL HEALTLI INSURANCE 100-00-000-21210-00000 $ 942.74 DFT0007580 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 $ 39,021,17 DFT0007581 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SALUD Y MAS HEALTH INSURANCE 100-00-000-21210-00000 $ 1,604.09 DFT0007582 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SMART CARE HEALTH INSURANCE 100-00-000-21210-00000 $ 755,29 DFT0007583 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD TRIO 100-00-000-21210-00000 $ 859.94 DFT0007584 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' PORAC - POLICE ONLY HEALTH INSURANCE 100-00-000-21210-00000 $ 820.00 DFT0007585 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' UNECED HEALTH CARE HEALTH INSURANCE 100-00-000-21210-00000 $ 1,355.20 DFT0007586 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTH CARE HARMONY HEALTH INSURANCE 100-00-000-21210-00000 $ 713.55 DFT0007587 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' PERS GOLD IIEALTLI INSURANCE 100-00-000-21210-00000 $ 3,810.70 DFT0007588 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' PERS PLATINUM HEALTH INSURANCE 100-00-000-21210-00000 $ 2,779.27 DFT0007603 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD HEALTH INSURANCE 100-00-000-21210-00000 $ 369.15 DFT0007604 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 $ 12,709.28 DFT0007605 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SALUD Y MAS HEALTH INSURANCE 100-00-000-21210-00000 $ 1,306.34 DFT0007606 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTHCARE HEALTH INSURANCE 100-00-000-21210-00000 $ 700.00 DFT0007607 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' PERS GOLD HEALTH INSURANCE 100-00-000-21210-00000 $ 1,400.00 DFT0007618 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' ACTIVE & RETIRED ADMIN FEE 100-25-299-50220-00000 $ 844.07 DFT0007619 09/07/2023 CALIFORNIA PUBLIC EMPLOYEES' RETIRED PRMIUM 100-25-299-50223-00000 $ 20,989.00 DFT0007655 09/07/2023 STATE DISBURSEMENT SDU - CHILD SUPPORT 100-00-000-21225-00000 $ 3,575.97 DFT0007656 09/07/2023 STATE DISBURSEMENT SDU - CLIILD SUPPORT 100-00-000-21225-00000 $ 617.08 Grand Total: $ 2,181,317.49 Page 9 of 9 ITEM NO. 2 TO: Honorable Mayor and Members of the City Council x FROM: Rose Tam, Director of Finance s IV` iAgR'E` PREPARED BY: Anthony Ceballos, Accountant VALLEY;°� M DATE: September 20, 2023 SUBJECT: Treasurer's Report City (CC) — July 2023 SUMMARY Attached is the Treasurer's Report for the month of July 2023. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION It is recommended that the City Council receive and file the Treasurer's Report for July 2023. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENTS 1. Exhibit "A", Treasurer's Report Page 1 / 1 CITY OF BALDWIN PARK TREASURER'S REPORT 7/31/2023 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIF) City -Including General Fund & all other Special Revenue Funds 3.305% Varies Varies $ 50,933,235.45 $ 50,933,235.45 $ 50,933,235.45 $ 50,933,235.45 Housing Authority 3.305% Varies Varies 413.88 413.88 413.88 413.88 50,933,649.33 50,933,649.33 50,933,649.33 50,933,649.33 Certificate of Deposit Traditions Bancorp Inc. (Cambridge Investment Research) 4.65% 11/4/2022 11/4/2024 250,000.00 250,000.00 250,000.00 247,492.50 250,000.00 250,000.00 250,000.00 247,492.50 US Government Agency Notes Federal Farm CR BKS Bond (Mutual Securities) 4.125% 9/26/2022 10/17/2023 3,000,000.00 3,000,000.00 3,000,000.00 2,993,130.00 Federal Home Loan BA SER IT-8024 (Mutual Securities) 5.000% 2/15/2023 2/15/2024 2,000,000.00 2,000,000.00 2,000,000.00 1,995,260.00 Federal Home Loan BA SER SC-8024 (Mutual Securities) 5.520% 7/3/2023 6/28/2024 1,000,000.00 1,000,000.00 1,000,000.00 995,980.00 Federal Home Loan BA SER 5G-8024 (Mutual Securities) 5.625% 7/24/2023 1012412024 1,000,000.00 1,000,000.00 1,000,000.00 998,920.00 7,000,000.00 7,000,000.00 7,000,000.00 6,983,290.00 US Treasury Note United States Tress SER BE-8024 (Mutual Securities) 3.000% 7/13/2023 7/31/2024 6,500,000.00 6,500,000.00 6,500,000.00 6,350,435.00 6,500,000.00 6,500,000.00 6,500,000.00 6,350,435.00 US Bank - Debt Service Trustee Accounts Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 3,745,05&06 3,745,058.06 3,745,058.06 3,745,058.06 Fiscal Agent Funds - Successor Agency (Trust/Debt Service Fund) Varies Varies Varies 884,432.09 884,432.09 884,432.09 884,432.09 4,629,490.15 4,629,490.15 4,629,490.15 4,629,490.15 $ 69,313,139.48 $ 69,313,139.48 $ 69,313,139.48 $ 69,144,356.98 Total Investments $ 69,313,139.48 Cash with Bank of the West City Checking (General) 1,638,565.15 City Miscellaneous Cash (WIC, P/R) 272,967.37 CNG Station 2.00 Housing Authority 588,971.39 Money Market Plus 4,034,479.55 Successor Agency 45,250.40 Total Cash with Bank of the West 6,580,235.86 Investment Brokerage (Cash & Cash Equivalents) 112,590.69 Total Cash and Investments $ 76,005,966.03 Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report. There was 3 investment purchase transactions made for the month of July 2023 and several deposits were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 at seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Rose Tam Director of Finance ITEM NO. 3 Honorable Mayor and Members of the City Council Shirley Quinones, Chief Deputy City Clerk Krystal Roman, Administrative Clerk II/Deputy City Clerk September 20, 2023 Meeting Minutes SUMMARY The City Council held the Regular City Council Meeting on September 6, 2023. RECOMMENDATION It is recommended that the City Council approve the following meeting minutes: Meeting Minutes of the Regular City Council held on September 6, 2023. FISCAL IMPACT This report does not require legal review. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Meeting Minutes of September 6, 2023 Page 1 / 1 Mayor Mayor Pro Tem Councilmember Councilmember Councilmember These minutes are presented in Agenda order. The meeting was called to order at approximately 7:04 p.m. by Mayor Estrada. I ILNm 7m-4I us]LN The invocation was led by Pastor Jackson PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Estrada. ROLL CALL City Clerk Saenz performed roll call: MEMBERS: Council Member Alejandra Avila (present) Council Member Jean M. Ayala (present) Council Member Daniel Damian (present) Mayor Pro Tern Monica Garcia (present) Mayor Emmanuel Estrada (present) REPORT FROM CLOSED SESSION Emmanuel J. Estrada Monica Garcia Alejandra Avila Jean M. Ayala Daniel Damian City Attorney Marco A. Martinez announce no matters were heard due to the meeting canceled. On a previous matter heard at the 8/16 Special Meeting of Gutierrez vs. Baldwin Park Measure BP, the case was dismissed. ANNOUNCEMENTS Councilmember Damian would like to close on behalf of Ken Wood and expressed his condolences to the Wood's Family. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS The Mayor and the City Council presented a Proclamation of Recognition to In-N-Out for their 75th Anniversary. Mayor Estrada sworn in the new Planning Commissioners. Mayor Estrada gave certificates of recognition for the Recreation and Community Services Employees for 20+ years of service to the City of Baldwin Park. City Council Regular 09-06-2023 Page 1 of 4 PUBLIC COMMUNICATIONS The Mayor opened Public Communication at approximately 7:40 p.m. The following spoke: 1) Wen Wen Zhang 2) John Rios 3) Abel Seeing no more wishing to speak the Mayor closed public communications at approximately 7:47 p.m. CONSENT CALENDAR City of Baldwin Park's Warrants and Demands Motion to ratify the attached Warrants and Demands Register. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed. [5 — 0]. AYES: ESTRADA, DAMIAN, AVILA, GARCIA, AYALA 2. Meeting Minutes Motion to approve the following meeting minutes: Meeting Minutes of the Special City Council, Regular City Council, Finance Authority Board, and/or Housing Authority Board held on August 16, 2023, March 31, 2021, March 24, 2021, March 23, 2021, March 17, 2021, March 9, 2021, March 3, 2021, February 24, 2021, February 17, 2021, February 3, 3021, January 28, 2021, January 27, 2021, and January 20, 2021. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed. [5 — 0]. AYES: ESTRADA, DAMIAN, AVILA, GARCIA, AYALA Consideration for Approval of an Amendment to the Executed Memorandum of Agreement (MOA) with the San Gabriel Valley Council of Governments (SGVCOG) Participating in the Regional Food Recovery Program Motion to: 1. Authorize the Chief Executive Officer to execute Amendment No. 1 of the MOA between the City of Baldwin Park and the SGVCOG to participate in the Regional Food Recovery Program Expansion; and 2. Authorize the Director of Public Works to process the necessary documents. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed. [5 — 0]. AYES: ESTRADA, DAMIAN, AVILA, GARCIA, AYALA 4. Approval of agreement with All City Management Services to provide school crossing guard services for fiscal year 2023-2024 Motion to 1. Approve the contract with ACMS for crossing guard services. 2. Authorize the Mayor to execute the agreement. 3. Authorize the Director of Finance to pay the contract amount utilizing the approved funds under line item #100-30-390-5 ] ] 00-13200 and 275-30-725-51100-13200. 4. Authorize the Director of Finance to bill BPUSD for their share of the contract, $159,588.48. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed. [5 — 0]. AYES: ESTRADA, DAMIAN, AVILA, GARCIA, AYALA City Council Regular — 09-06-2023 Page 2 of 4 Approve Facility Use Agreement with the American Red Cross, Los Angeles Region for Disaster Relief Activities Motion to: 1) Approve the Facility Use Agreement with American Red Cross, Los Angeles Region, to permit shelters and other service delivery sites for disaster victims to be set up, at City of Baldwin Park Facilities; and 2)Authorize the Chief Executive Officer (CEO) to execute the Facility Use Agreement; and 3)Authorize the Director of Recreation and Community Services to execute any other associated documents needed for the agreement. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed. [5 — 0]. AYES: ESTRADA, DAMIAN, AVILA, GARCIA, AYALA 6. Approve Amendment No. 4 to Funding Agreement No. F9620 with the Los Angeles County Metropolitan Transportation Authority (LACMTA) for Grant Funding for the First/Last Mile Connections Project for the Baldwin Park Transit Center Motion to approve and authorize the Mayor to execute Amendment No. 4 to the FA with the LACMTA. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed. [5 — 0]. AYES: ESTRADA, DAMIAN, AVILA, GARCIA, AYALA 7. Adoption of Resolution No. 2023-029 Entitled "A Resolution of the City Council of the City of Baldwin Park, California, Adopting a Policy for Retention/Destruction of Obsolete Records of the Baldwin Park Police Department." Motion to adopt Resolution 2023-029 entitled " A Resolution of the City Council of the City of Baldwin Park, California, Adopting a Policy for Retention/Destruction of Obsolete Records of the Baldwin Park Police Department." Approval to Consider Second Amendment to the Service Agreement for Consultant Services by and between the City of Baldwin Park and Kingdom Causes, dba City Net Motion to: 1)Approve the second amendment to the service agreement for consultant services by and between the City of Baldwin Park and Kingdom Causes, dba City Net in the total amount of $1,165,677.35 to operate Serenity Homes for one (1) year and continue serving fifty (50) beds of interim housing for families experiencing homelessness at Serenity Homes from September 23, 2023, to September 22, 2024; and 2)Authorize the Mayor to execute the second amendment to the service agreement; and 3)Authorize the Director of Finance to appropriate and make the necessary budget adjustments; and 4)Authorize the Director of Recreation & Community Services to process the necessary documents associated with this service agreement contract. Item # 8 was pulled for further discussion. MOTION: It was moved by Emmanuel. Estrada, seconded by Daniel Damian to adopt Motion Passed. [5 — 0]. AYES: ESTRADA, DAMIAN, AVILA, GARCIA, AYALA PUBLIC HEARING- None City Council Regular 09-06-2023 Page 3 of 4 REPORTS OF OFFICERS 9. Review of Commission Applications and Consideration of Appointments to Fill the Scheduled Vacancies for the Recreation and Community Services Commission. Motion to table all commission applications for the Recreation and Community Services Commission and make respective appointments. MOTION TO TABLE: It was moved by Daniel Damian, seconded by Jean M Ayala to table until October 5, 2023 City Council Meeting. Motion Passed. [5 — 0]. AYES: DAMIAN, AYALA, AVILA, ESTRADA, GARCIA 10. The City of Baldwin Park Commercial Cannabis Program Policy Update Discussion and Request for Direction It is recommended the City Council provide direction to Staff to return for adoption a recommended Updated Commercial Cannabis Policy for the future of the City's Commercial Cannabis Program (Cultivation, Manufacturing, Distribution, and Retail). Final policy will be established by Resolution. DIRECTION: Mayor and Council Members provide direction, no motion needed. CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION Mayor and Councilmembers provided comments and direction. ADJOURNMENT Motion to adjourn was made by Mayor Estrada at approximately 8:52 p.m. ATTEST: Christopher Saenz, City Clerk Emmanuel J Estrada, Mayor City Council Regular 09-06-2023 Page 4 of 4 ITEM NO. 4 STAFF REPORT TO: Honorable Mayor and Members of the City Council H l� B 0 rH FROM: Sam Gutierrez, Director of Public Works s;GAg'E` VAL'LEY.°.� PREPARED BY: Romany Basilyous, Engineering Manager - , w M DATE: September 20, 2023 SUBJECT: Approve Project Plans and Specifications and Authorize Publishing a Notice Inviting Bids for City Project No. CIP 21-198 — Barnes Park Multi -Benefit Infiltration Project SUMMARY This report seeks approval from the City Council to accept the Plans and Specifications for City Project No. CIP 21-198, known as the Barnes Park Multi -Benefit Infiltration Project (Project). Additionally, it requests authorization for staff to initiate the bidding process by publishing a Notice Inviting Bids (NIB) in an adjudicated newspaper of general circulation, as well as, on the City's PlanetBids portal. The NIB will serve as advertisement for the construction of the Project, encompassing various improvements. These improvements include, but are not limited to, the installation of a subsurface stormwater infiltration system, the expansion and rehabilitation of the existing parking lot, the addition of diagonal parking spaces along Patritti Avenue, upgrades to the existing play fields, construction of ADA accessible park entrances, the installation of new play equipment, construction of an additional restroom at the park's building facility, enhancements to the existing basketball courts, and all other associated work as outlined in the plans and specifications. RECOMMENDATION Staff recommends that the City Council: 1. Approve the plans and specifications for City Project No. CIP 21-198 — Barnes Park Multi -Benefit Infiltration Project; and, 2. Authorize staff to publish a Notice Inviting Bids. FISCAL IMPACT Approval of this action will not have an impact on the General Fund. Upon review of the construction bids received, staff will prepare a cost analysis with a recommendation for approval of an award of contract for City Council consideration at a subsequent meeting. The funding for construction will come from Safe Clean Water Grant Funds, Measure W, and Quimby. These funds are available upfront and will not have an impact on the General Fund Reserve. The project will also be funded by a State Prop 68 Grant on a reimbursement basis which will be front -funded by the General Fund Reserve, upon completion of the work, staff will seek reimbursement ensuring that there will be no impact to General Fund. BACKGROUND On November 6, 2018, Measure W, also known as the Safe Clean Water Program (Program) was approved by Los Angeles County voters. Funding through Measure W is provided through a parcel tax of 2.5 cents per square foot of impermeable land area (buildings, concrete, etc.). Measure W Special Parcel Tax revenues collected by LACFCD will allocate ten percent (10%) to the District for implementation and administration of projects, forty percent (40%) to cities within the County, in the same proportion as the amount of revenues collected within each city, and fifty percent (50%) to regional programs and projects within various watershed groups. Page 1 / 3 In 2019, the City of Baldwin Park applied for a regional grant during the first round of the Call for Projects to fund a stormwater infrastructure project at Barnes Park. The Project was selected and was approved to receive funding in the amount of $14,735,690 programmed over four years through FY2023-2024. Subsequently, On February 17, 2021, City Council approved the Transfer Agreement with Los Angeles County Flood Control District, essentially locking -in the programmed funds to be disbursed in advance over the 4 years. In August 2019, the City applied for supplemental funds for park improvements via the State's Prop 68 call for projects for a Statewide Park and Community Revitalization Grant. As part of that program the City was awarded $3,090,000. Combined with the Safe Clean Water grant, the City was able to secure over $17.5 million making the project financially viable. Having secured the necessary funding, staff prepared and circulated a Request for Proposals for design services. The proposals were reviewed and evaluated by staff and ultimately selected CWE as the design consultant based on the qualifications and understanding of the scope of work, technical expertise, and relevant experience. On May 19, 2021, the City Council accepted a proposal and approved a Professional Services Agreement (PSA) with CWE for civil design and stormwater services for the Project in the amount of $709,853. Shortly afterward, on September 1, 2021, the City Council approved a PSA with David Volz Design (DVD) for in the amount of $351,780 design services for surface enhancements, landscaping and two (2) new dog parks. DVD is an approved firm as part of the City's established on -call list for landscape architectural design services and was selected for their expertise with similar projects and was deemed the best fit for this Project. On August 16, 2023, staff provided a high-level overview of the project to City Council during a Study Session presentation. Staff reported the completion of the plans and specifications and informed the Council that the project was ready for bid. DISCUSSION The design phase for the Project was kicked off in June 2021. The design effort was comprised of a multi -department team that included Public Works as the lead, with support from the Recreation and Community Services and Community Development. Working closely and in coordination with the selected design consultants, the design phase progressed to include several components that will provide the community with multiple benefits including improved water quality, park expansion, park amenity improvements, flood risk mitigation, and public outreach and education. The design team coordinated with several external stakeholders throughout the design phase, including Caltrans for an encroachment permit; Los Angeles County Public Works for a connection permit; and Valley County Water District, Frontier, and SoCalGas for utility relocations. The plans and specifications are now ready for the bid and construction phases. As part of the construction phase, the whole park, excluding the existing building, splash pad, and portions of the parking lot, are proposed to be demolished and reconstructed to accommodate large scale excavation and surface regrading work for the installation of a subsurface stormwater storage and infiltration system with Best Management Practices (BMPs). The stormwater system is comprised of structure chambers for storage, water quality inlets, diversion piping, control valves, flow meter, and an infiltration system with a pretreatment unit and is designed to capture, treat, and infiltrate runoff from a 443-acre capture area. Reconstruction of the proposed park improvements and amenities include the expansion of the onsite parking lot, installation of new streetside diagonal parking stalls, upgrades to the existing sport fields, construction of two (2) new dog parks for small and large dogs, walkway improvements, offsite storm drain improvements in the neighborhood, construction of ADA accessible Page 2 / 3 entry points to the park, complete overhaul of the existing irrigation system, planting of drought -tolerant landscaping, installation of new play equipment, new picnic shade structures, installation of new site furnishings, site lighting upgrades and new restroom addition to the existing building facility. The Project also expands the park onto a vacant lot to the north creating additional recreational opportunities onsite such as the construction of a new Futsal court. Improvements will also be made near the intersections of Auckland Street and Barnes Avenue, and Syracuse Avenue and Finchley Street to address perceived surface flooding and stagnant water ponding. If authorized, staff anticipates publishing the NIB for the project on September 25, 2023, with bid opening scheduled for October 26, 2023. Upon review of the bids received, staff will prepare a report with recommendations for an award of contract for City Council consideration at the regular meeting scheduled for October 23, 2023. Pending approval, Construction is tentatively scheduled to start in January 2024 and estimated to be completed in June 2025. During construction the park will be closed to the general public, but accommodations will be made for access and certain special events. The estimated construction cost for the project is between $17.5 - $20 million. ALTERNATIVES 1. The City Council may choose not to go forward with the project. This action is not recommended as the City has already completed the design and not moving forward with the project will cause the City to forfeit grant funds and reimburse the granting agencies; or, 2. Provide staff with alternate direction. CEQA REVIEW A Mitigated Negative Declaration of Environmental Impact (MND) has been prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code §21000 et seq.), and the State CEQA Guidelines (Title 14, California Code of Regulations (CCR) §15000 et seq). The approved and adopted (MND) was recorded with the County Clerk, Los Angeles County Recorder's Office thru a Notice of Determination in accordance to the CEQA process. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Notice Inviting Bids Page 3 / 3 NOTICE INVITING SEALED BIDS City Project No. CIP 20-129 BARNES PARK MULTI -BENEFIT STORMWATER CAPTURE PROJECT PUBLIC NOTICE IS HEREBY GIVEN that the City of Baldwin Park invites sealed bids for the above -stated project, and will receive such bids in the offices of the City Clerk, 14403 Pacific Avenue, Baldwin Park, California 91706, until Thursday, October 26, 2023 at 10:00 AM at which time the proposals will be publicly opened and read. Bidders and/or authorized agents are invited to be present. All information submitted with the bid is public information and may be subject to disclosure. Prospective :Bidders may obtain all construction documents, addendum, and/or submit questions by accessing the link to protect on PlanetBids as follows: https://www.baldwinpark.com/engineering/bids-and-proposals. Project Description — The improvements consist of the installation of a subsurface stormwater infiltration system, a diversion structure, water quality inlets, diversion piping with control valves and flow meters, stormwater pretreatment system, expansion and rehabilitation of the onsite parking lot, new diagonal parking along Patritti Avenue, new/improved play fields, walkway improvements, storm drain improvements in the neighborhood, construction of ADA accessible entrances to the park, irrigation system replacement, planting of drought -tolerant landscaping, installation of new play equipment, installation of picnic tables and BBQ grills, park expansion to the north (Futsal court), restroom addition in the community center, improved basketball courts, and swales. These improvements (along with others shown in the Contract Documents), when completed, will finalize the Barnes Park Multi -Benefit Stormwater Capture Project. Mandatory Pre -Bid Meeting and Site Visit — A mandatory pre -bid meeting will be held on Thursday, October 5, 2023 at 9:30 AM at Barnes Park (3251 Patritti Avenue, Baldwin Park), which will include a site visit. Every Bidder is required to attend the mandatory pre -bid meeting site visit. Failure of a Bidder to attend any mandatory pre -bid meeting and site visit will render that Bidder's Bid non -responsive. No allowances for cost adjustment will be made if a Bidder fails to adequately examine the Project site before submitting a Bid. Bid Proposals — Bids shall be sealed and plainly marked "City Project No. CIP 20-129 — Barnes Park Multi -Benefit Stormwater Capture Project." Bids must be prepared using the Contractor's Bid Proposal forms and all the other forms identified in the Instructions to Bidders. The forms required to complete a bid package are found in Section `B" of these Contract Documents. No bids will be accepted if not submitted using the approved forms. The Information to Bidders provides prospective bidders a summary of requirements for acceptance of bids, guidelines the City uses in awarding contracts, rules to ensure fairness in contractor procurement and guidelines to aid in interpretation of documents. The Construction Contract / Agreement define the Contract Documents which serve to control construction, work performed, and materials furnished, and includes the Specifications and Plans. Plans, Specifications, Documents — Specifications and proposal forms may be obtained at the Engineering Division office located at 14403 East Pacific Avenue, Baldwin Park, CA 91706, (626) 960-4011 on and after September 21, 2023 Monday thru Thursday between the hours of 7:30 A.M. and 6:00 P.M. A $35.00 per set, non-refundable fee is required for these specifications and proposal forms. An additional $10.00 is added to the fee, if mailed. Alternatively, electronic versions of the specifications and proposal forms can be obtained on the City's website by clicking on `Bid Portal" under the "Public Works" tab. Bid Security — Each bid must be accompanied by cash, certified check, cashier's check, or bidder's bond made payable to the City of Baldwin Park or issued by a surety admitted to do business in California, for an amount equal to at least ten percent (10%) of the amount bid. Such guaranty to be forfeited to the City of Baldwin Park should the bidder to whom the contract is awarded fail to enter into the contract. The City of Baldwin Park reserves the right to reject any and all bids and to waive any minor irregularities in the bid documents. Bidders may not withdraw their bid for a period of sixty (60) days after the opening date. City Business License, Contractors License and Permit — Prior to contract execution, the contractor and his/her subcontractors shall obtain a City of Baldwin Park business license. In accordance with provisions of Section 3300 of the California Public Contract Code, the City has determined that the Contractor shall possess a valid Class A California Contractor's License or other appropriate license classification under the State Contracting Code at the time the contract is bid. Failure to possess such license may render the bid non responsive. The successful bidder will be required to obtain a City encroachment permit to work in public right-of-way, issued at no fee for the project. Prevailing Wages — In accordance with the provisions of Sections 1.770 et seq., of the :Labor Code, the Director of the Industrial Relations of the State of California has determined the general prevailing rate of wages applicable to the work to be done. The Contractor will be required to pay to all persons employed on the project by the Contractor sums not less than the sums set forth in the documents entitled "General Prevailing Wage Determination made by the Director of Industrial Relations pursuant to California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773. L" These documents can be reviewed in the office of the City Clerk or may be obtained from the State. Contractor's Registration — In accordance with Labor Code Section 1771.1, a contractor or subcontractor shall not be qualified to (a) bid on or be listed in a bid proposal on or after March 1, 2015, or (b) engage in the performance of this Work after April 1, 2015, unless currently registered with the Department of Industrial Relations and qualified to perform the Work pursuant to labor Code Section 1725.5. Compliance Monitoring and Enforcement — Contractor's performance of the Work described in this Notice Inviting Bids is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. Equivalent Securities — Pursuant to California Public Contract Code Section 22300, substitution of eligible and equivalent securities for any moneys withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder, unless otherwise prohibited by law. Worker Hire Policy — The Project is receiving funding from the Safe, Clean Water Program (SCWP) Regional Infrastructure Program. The Los Angeles County Code of Ordinances, Flood Control District Code, Chapter 18 — Safe, Clean Water Program Implementation, Section 18.09, item B.1.1 indicates that Projects funded through the Regional Program (such as this one) must apply and enforce provisions mirroring those set forth in the current version of the County's Local and Targeted Worker Hire Policy, adopted by the County's Board on September 6, 2016 as to contractors performing work on the Project. The City of Baldwin Park will utilize the County's Policy, which is included in Exhibit E. Advertising Dates: Monday, September 25, 2023 Monday, October 2, 2023 ITEM NO. 5 STAFF REPORT TO: Honorable Mayor and Members of the City Council HI�B of rH FROM: Sam Gutierrez, Director of Public Works s;GAg'E` PREPARED BY: Bernardo Navarrete, Engineer Assistant VAL'LE r:°T� M DATE: September 20, 2023 SUBJECT: Approval of the California Automated Permit Processing Program Public (CaIAPP) Service Grant Agreement with the California Energy Commission (CEC) to Automate the Solar Permitting Process to Promote the Development of Residential Solar and Solar -Plus -Storage Systems SUMMARY This item requests that City Council consider entering into a public service grant agreement with the California Energy Commission (CEC) for inclusion into their California Automated Permit Processing Program (CaIAPP) grant. Participation in CaIAPP supports the City's effort to be in compliance with Senate Bill 129, enacted in an effort to meet its clean energy goals by providing an avenue to accelerate the development of solar projects. Staff intends to utilize the allotted funds to expand the existent permitting program, namely Tyler EnerGov, to incorporate an automated permitting process for solar projects. The proposed update will provide a streamlined process for interested residents looking to incorporate solar projects within their home. Furthermore, the Tyler EnerGov update will include the processing of applications for electric charging stations and hydrogen fueling stations throughout the City. In May 2023, staff applied and was recommended for award of $60,000 through the CaIAPP grant with the CEC for program development. RECOMMENDATION It is Staff's recommendation that the City Council: 1. Approve the CaIAPP Public Service Grant Agreement in the amount of $60,000 with CEC to provide Baldwin Park residents, homeowners, and commercial business owners with a streamlined permitting process for incorporation of solar projects within their homes or businesses as part of a conformance requirement with SB 129; and 2. Authorize the Mayor and City Clerk to execute the CalApp Public Service Grant Agreement. FISCAL IMPACT Participation in the CaIAPP Public Service Grant program will require that the City provide upfront funding from the General Fund Reserve on a reimbursement basis, ensuring it has no impact on its balance. The grant will be funded through the City's grant fund account (Fund #270). BACKGROUND Senate Bill 129 (Skinner, Budget Act of 2021) was passed as part of a statewide effort to produce new renewable and storage resources. Funding is intended for cities to establish online, automated solar permitting through development of user-friendly protocols to incentivize Baldwin Park residents, homeowners, and commercial businesses interested in incorporating solar power solutions to their home or business through a streamlined process. Page 1 / 2 In June 2016, the City awarded a contract for computer tracking software with Tyler Technologies, which implemented service options for Finance, Payroll, Business License, Human Resources, Planning, Building & Safety, Public Works, and Code Enforcement. The new software system provided an interdepartmentally integrated option utilized for many tracking activities such as permitting, planning and community events. Said software replaced the antiquated processes previously established by the City which limited the integrated use by the various departments. Since implementation of Tyler EnerGov, and its user-friendly tracking software, staff has been able to utilize the software for daily activities with a heavy utilization in the permitting process. In July 2023, the City Council held a public hearing and introduced Ordinance No. 1505, adding Chapter 157 titled "Permit Process for Electric Vehicle Charging and Hydrogen -Fueling Stations". The second reading was held on August 2023. Ordinance No. 1505 amends Title XV of the Municipal Code and added Chapter 157 which follows the mandates set forth in Assembly Bill 1236 and Senate Bill 1291 which would streamline the processing of applications for electric charging stations and hydrogen fueling stations throughout the City, also noting implementation of an appropriate timeline for permit processing as required by AB 970. During said second reading, City Council approved and adopted Ordinance No. 1505. DISCUSSION In an effort for the City to comply with the mandates introduced through the enactment of SB 129, staff recommends approval of the public service grant agreement with the California Energy Commission through their California Automated Permit Processing Program. If approved, and subsequent to the grant agreement execution, the CEC will provide a finalized grant agreement with accompanying documents as well as the invoicing processes for disbursement of the earmarked $60,000. It is staff's intent to provide upgrades to the existent Tyler permitting software, to integrate protocols to aide in expediting the solar permitting process and streamlined permit processing for electric charging stations and hydrogen fueling stations. If approved, staff will engage Tyler for development of its software through a separate module, as feasible, or through a separate 3rd party application which will directly integrate in anticipation of a seamless process. ALTERNATIVES The City Council may provide Staff with an alternate direction. CEQA REVIEW The action being considered by the city council is exempt from the California Environmental Quality Act (CEQA) because it is not a "project" under section 15378(b)(5) of CEQA guidelines. The action involves an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Grant Agreement with the California Energy Commission 2. Grant Approval Recommendation (via email) Page 2 / 2 STATE OF CALIFORNIA GRANT AGREEMENT CEC-146 (Revised 3/2019) r CALIFORNIA ENERGY COMMISSION RECIPIENT AGREEMENT NUMBER City of Baldwin Park APP-22-309 ADDRESS AGREEMENTTERM 05/23/2023 to 05/31/2027 14403 E. Pacific Avenue The effective date of this Agreement is either the start date or the approval signature date by the California Energy Commission representative below, Baldwin Park, CA 91706 whichever is later. The California Energy Commission shall be the last party to sign. No work is authorized, nor shall any work begin, until on or after the effective date. PROJECT DESCRIPTION The parties agree to comply with the terms and conditions of the following Exhibits which are by this reference made a part of the agreement. Exhibit A — Application with Scope of Work Page(s): 4 Exhibit B — APP General Terms and Conditions Page(s): 5 Exhibit C — Contact List Page(s): 1 MINIMUM $0 The undersigned parties have read the attachments to this agreement and will comply with the standards and requirements contained therein. CALIFORNIA ENERGY COMMISSION CONTRACTOR AUTHORIZED SIGNATURE DATE AUTHORIZED SIGNATURE DATE NAME Adrienne Winuk NAME TITLE Contracts, Grants, and Loans Office Manager TITLE CALIFORNIA ENERGY COMMISSION ADDRESS 715 P Street, MS 18, Sacramento, CA 95814 ATTACHMENT 01 Grant Application Form — EXHIBIT A California Automated Permit Processing (CalAPP) Program Jurisdiction Name (please use full legal name as it would appear on the executed grant): City of Baldwin Park Jurisdiction Type (select one): 0 city 0 County F: City and County Current Estimated Population State of California Department of Finance Demographics (https://dof.ca.gov/forecasting/Demographics/): Less than 50,000 ElFrom 100,000 to 200,000 From 50,000 to 99,999 El Greater than 200,000 Project Manager (serves as point of contact for all communications) Name Sam Gutierrez Street Address 14403 E. Pacific Avenue City and Zip Code Baldwin Park, 91706 Phone Number (323) 960-4011 FE-Mail AddressTsgutierrez@baldwinpark.com F� Group 1 ($40,000): Population less than 50,000 Z Group 2 ($60,000): Population from 50,000 to 99,999 E] Group 3 ($80,000): Population from 100,000 to 200,000 F� Group 4 ($100,000): Population greater than 200,000 May 2023 Page 1 of 4 APP-22-309 CalAPP Attachment 01 City of Baldwin Park A. B. C. Online, automated solar permitting platform to be adopted: X7 SolarAPP+ Other. If selected, complete Section 4 ("'Additional Information") Please select allowable budget item(s) anticipated to be used (Select at least one): ZOngoing in-house staff labor costs associated directly with adoption and maintenance of the platform ZOngoing third -party or consultant time associated directly with adoption and maintenance of the platform 0 Ongoing staff training and education, specific to the platform ZOngoing training events for local installers, specific to the platform Essential hardware or equipment necessary to support adoption of the platform aMaintenance, such as adding support for energy storage paired with solar energy system permitting, and subscription cost for permit tracking software in support of adopted permitting platform Estimated Project Timeline* *Enter actual dates if activities already began May 2023 Page 2 of 4 APP-22-309 CalAPP Attachment 01 City of Baldwin Park NOTE: Only complete this section if you implement a platform other than SolarAPP+ Please identify whether the following features are supported by the implemented platform. All features are required for the platform to qualify for funding. CEC staff will verify prior to payment approval. Performs an automated plan review for residential solar energy systems that completes automatic code compliance checks based on user inputs (such as a contractor), thereby enabling or E]Yes El No otherwise issuing permits instantly when the project is confirmed as code compliant, without the need for human review Supports online, immediate fee payment once an application is Yes No complete, which may include auto -invoicing of permit fee costs Supports immediate generation of a permit job card following Yes No payment confirmation Blocks noncompliant applications from receiving a permit Yes No EITHER: 1) Stand-alone permitting tool; OR 2) Integrates with Yes No current software and inspection platform already in use Following adoption and verification of a qualifying platform, the Energy Commission may request, and the Recipient will provide if requested, annual data on the number of permits issued for solar energy systems and a solar energy system paired with an energy Yes 7 No storage system including relevant characteristics of those systems, such as system capacity. Please indicate your acceptance of these terms. May 2023 Page 3 of 4 APP-22-309 CalAPP Attachment 01 City of Baldwin Park CERTIFICATION (REQUIRED) a • I am authorized to complete and sign this form on behalf of the applicant. • I authorize the California Energy Commission to make any inquiries necessary to verify the information presented in this application. • I`have read and understand the terms and conditions contained in this solicitation. I accept the terms and conditions contained in this solicitation on behalf of the applicant, and the applicant is willing to enter into an agreement with the Energy Commission to conduct the proposed project according to the terms and conditions without negotiation. • I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Name of Authorized Enrique Zaldivar Representative: Title: Chief Executive Officer Phone Number: (626) 813-5204 -mail Address: e aldivar@baldwinp . Date: 5/15/23 Signature of Authorized Representative: Do no4verla (signature with surrounding border lines. May 2023 Page 4 of APP-22-309 CalAPP Attachment 01 City of Baldwin Park California Automated Permit Processing (CaIAPP) Program ATTACHMENT 2 — Terms and Conditions Added language appears in bold underlined font and deleted language appears in strikethrough and within square brackets. 1. Background and Authority for this Grant California Senate Bill 129 (2021) included an appropriation to the California Energy Commission (CEC) to support a grant program for cities, counties, or cities and counties to establish online solar permitting. 2. Documents Incorporated by Reference and Priority Incorporated by reference into this agreement are the following documents: A. Grant Funding Opportunity (GFO) 21-402. B. Recipient's application to CaIAPP. As between and the incorporated documents and the remainder of this Agreement, the rest of this Agreement takes priority in case of a conflict. 3. Budget, Invoices, and Payments a) The CEC is only obligated to reimburse the Recipient for paid costs that are (1) incurred during the Agreement Term; (2) invoiced within the required timeframes of this Agreement; (3) not more than this Agreement's budget; and (4) reasonable, actual, and allowable expenses under this Agreement. b) Recipient acknowledges that the funds under this Agreement have a liquidation date of June 30, 2027, a legal timeframe after which the CEC has no authority to pay the funds. In addition, it takes the CEC administrative time to review, approve, work with the Recipient to correct any errors in, and request the State Controller's Office to pay invoices. Accordingly, Recipient acknowledges that if it does not submit accurate invoices by March 30, 2027, for all amounts due under the Agreement, it risks not receiving payment, and relinquishes all rights to such payments should the CEC not pay it by the liquidation date. Recipient acknowledges that time is of the essence in invoicing by March 30, 2027, for all amounts due under this Agreement. The Recipient may request payment from the Energy Commission at any time during the term of this Agreement after successful adoption of a qualifying solar permitting platform as verified by the CEC, but no more frequently than monthly. Recipient must use the CAM provided template invoice spreadsheet. c) If invoicing for in-house staff time, the template invoice spreadsheet must identify the employee's name, hours worked, and billing rate to be included as a reimbursable expense. d) Unallowable costs include: • Software not related to the adoption of a qualifying online, automated permitting platform. May 2023 Page 1 of 5 APP-22-309 City of Baldwin Park • Any costs incurred or activities conducted prior to entering into a grant agreement with the Energy Commission or incurred after the grant agreement has ended. • Typically excluded items such as food and beverages. • Advertising costs. • Fines and penalties. • Permit processing fees charged by operator of an online platform. • All other costs not identified as allowable. • Unreasonable amounts or rates. 4. Certification By signing this Agreement, Recipient hereby certifies that all funds received pursuant to this Agreement shall be spent exclusively for its CaIAPP project in compliance with this Agreement. The Recipient further certifies that it shall comply with all applicable laws in performing this Agreement. S. Nondiscrimination Statement of Compliance During the performance of this Agreement, the Recipient and its subcontractors will not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, age, marital status, or denial of family care leave. The Recipient and its subcontractors will ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. The Recipient and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Sections 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part of it as if set forth in full. The Recipient and its subcontractors will give written notice of their obligations under this section to labor organizations with which they have a collective bargaining or other Agreement. The Recipient shall include the nondiscrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement. 6. Drug -Free Workplace Certification By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State of California that it will comply and will ensure its subcontractors will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code Section 8350 et seg.). In addition to any other rights and remedies available to the CEC, failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient may be ineligible for any future state awards if the CEC determines that any of the following May 2023 Page 2 of 5 APP-22-309 City of Baldwin Park has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements of the Act. IN 011 I WE .......... . • Willreceivea copy -of thecompany'sdrug statement and policy • Will to by the terms the agree abode of company's statement the ] as a condition of ernplaymen �. �.IMMM 7. Americans With Disabilities Act By signing this Agreement, the Recipient assures the CEC that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. Section 12101, et seq.), which prohibits discrimination on the basis of disability, as well as applicable regulations and guidelines issued pursuant to the ADA. 8. Accountine and Audit The Recipient will keep separate, complete, and correct accounting of the costs involved in completing the Agreement. The Recipient agrees that the CEC, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Recipient agrees to maintain such records for possible audit for a minimum of three (3) years after the Agreement ends in any way. The Recipient May 2023 Page 3 of 5 APP-22-309 City of Baldwin Park agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Recipient agrees to include a similar right of the CEC, the Bureau of State Audits, or their designated representative, to audit records and interview staff in any subcontract related to performance of this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 16. Access to Sites and Records. 9. Public Works The Recipient is responsible for complying with all applicable laws, which can include public works requirements under the Labor Code. Recipient acknowledges acceptance of Agreement funds may trigger public works laws (Labor Code Section 1720 et seq.), a requirement of which is to pay prevailing wages, applying to its entire project. If the project is public works then it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. By signing this Agreement, Recipient certifies that it shall comply with all applicable Public Works laws and requirements. 10. Intellectual Property As between the Recipient and the CEC, the Recipient owns all intellectual property it or its subcontractors create under this Agreement. The CEC has a no -cost, non-exclusive, transferable, irrevocable, royalty -free, worldwide, perpetual license to use, publish, translate, modify, and reproduce all intellectual property, such as the products identified in Section 2. above, for governmental purposes the Recipient or its subcontractors create under this agreement. The Recipient shall include a provision securing these rights for the CEC in all of its subcontractor agreements related to performance of this Agreement. 11. Amendment No amendment or variation of this Agreement shall be valid unless made in writing and signed by both the Recipient and CEC. 12. Governing Law This Agreement is governed by the laws of the State of California as to interpretation and performance. 13. Independent Capacity In the performance of this Agreement, Recipient and its agents, subcontractors, and employees will act in an independent capacity and not as officers, employees, or agents of the CEC or the State of California. 14. Severability If any provision of this Agreement is unenforceable or held to be unenforceable, all other provisions of this Agreement will remain in full force and effect. 15. Waiver May 2023 Page 4 of 5 APP-22-309 City of Baldwin Park No waiver of any breach of this Agreement constitutes waiver of any other breach. All remedies in this Agreement will be taken and construed as cumulative, meaning in addition to every other remedy provided in the Agreement or by law. 16. Access to Sites and Records The Recipient shall provide during the Agreement and for at least 3 years after the Agreement ends in any way to the CEC or its representatives reasonable access to all project sites and to all records related to this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 8. Accounting and Audit. 17. Termination Without Cause The CEC may terminate this Agreement without cause upon giving written notice to the Recipient. In this event, the Recipient will use all reasonable efforts to mitigate its expenses and obligations. 18. Third -Party Beneficiary The Recipient shall in every subcontract under this Agreement include a provision indicating the CEC is a third -party beneficiary to the agreement. 19. Survival of Terms The following terms survive this Agreement no matter how the agreement ends, such as by its own terms or via termination: • 8. Accounting and Audit • 9. Public Works • 10. Intellectual Property • 12. Governing Law • 14. Severability • 15. Waiver • 16. Access to Sites and Records • 18. Third -Party Beneficiary May 2023 Page 5 of 5 APP-22-309 City of Baldwin Park Exhibit C CONTACT LIST . . . . . . . . . ..... 6 W i 01 . Commission Agreement Manager: Project Manager: Lucio Hernandez Sam Gutierrez California Energy Commission City of Baldwin Park 716 P Street, MS-45 Director of Public Works Sacramento, CA 95814 14403 E. Pacific Avenue Phone: (916) 477-1799 Baldwin Park, CA 91706 e-mail: Lucio.Hernandez@energy.ca.gov Phone: (626) 960-4011 x460 e-mail: sgutierrez@baidwinpark.com Confidential Deliverables/Products Administrator: California Energy Commission Lena Abdullah Contracts, Grants, and Loans Officer City of Baldwin Park 715 P Street MS-18 Management Analyst Sacramento, CA 95814 14403 E. Pacific Avenue Baldwin Park, CA 91706 Phone: (626) 960-4011 x122 e-mail: labdullah@baidwinpark.com Invoices,. Progress Reports and Non- Accounting Officer: Confidential Deliverables to: Lena Abdullah California Energy Commission City of Baldwin Park Accounting Officer Management Analyst 715 P Street MS-2 14403 E. Pacific Avenue Sacramento, CA 95814 Baldwin Park, CA 91706 Phone: (626) 960-4011 x122 Email PDF of Payment Request invoice e-mail: labdullah@baidwinpark.com packet to: invoices@energy.ca.gov Legal Notices: Recipient Legal Notices: Tatyana Yakshina Shirley Quihonez Grants Manager City of Baldwin Park 715 P Street MS-18 Chief Deputy City Clerk Sacramento, CA 95814 14403 E. Pacific Avenue Phone: (916) 827-9294 Baldwin Park, CA 91706 e-mail: tatyana.yakshina@energy.ca.gov Phone: (626) 960-4011 x466 e-mail: squinonez@baldwinpark.com May 2023 Page 1 of 1 APP-22-309 City of Baldwin Park Bernardo Navarrete From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: FYI Sam Gutierrez Director of Public Works Department of Public Works City of Baldwin Park sgutierrez@baldwinpark.com Sam Gutierrez Tuesday, September 5, 2023 2:50 PM Bernardo Navarrete Fwd: Baldwin CalAPP Submission Payee Data Record_STD-204.pdf, CEC Contacts INFO.docx Follow up Flagged Begin forwarded message: From: CaIAPP <calapp@energy.ca.gov> Subject: RE: Baldwin CaIAPP Submission Date: May 24, 2023 at 9:48:58 AM PDT To: David Marquez<david@californiaconsulting.org> Cc: Enrique Zaldivar <EZaldivar@baldwinpark.com>, Sam Gutierrez <SGutierrez@baldwinpark.com>, Ron Garcia <RGarcia@baldwinpark.com> Dear David, Thank you for applying to the California Automated Permit Processing (CaIAPP) Program. Staff have reviewed your application for grant funds and are recommending it for approval by the Energy Commission. Your application will now be used to develop a formal grant agreement. To move forward, we are attaching two documents that need to be completed and returned to us as soon as possible. The first attached document is a Payee Data Record, which is a standard state form that our accounting office uses to authorize payments. The second is a Contact Form, which must identify key contact(s) associated with this grant agreement. After the attached documents are returned to us, our Contracts, Grants, and Loans Office will assemble required documentation and contact you with next steps when the grant agreement requires your signature. Once you return your signed copy, the grant agreement requires a final authorizing signature from the Energy Commission to formally execute the grant. Please note this grant agreement is tentative until it is fully executed. The Energy Commission cannot reimburse activities that occur outside of an executed grant term. Once the grant agreement is executed, CEC staff will send finalized grant agreement documents as well as information about the invoicing process. We will also offer an opportunity to discuss any questions about the grant requirements and next steps. If you have any questions, comments, or concerns, please contact us at CalAPP ever ca. ov. Thanks, California Automated Permit Processin CaIAPP Pro ram California Energy Commission CalAPP ener .ca. ov www.ener .ca. ov From: David Marquez<david@californiaconsulting.org> Sent: Thursday, May 18, 2023 7:35 PM To: CaIAPP <cala R@energy.ca.gov> Cc: Enrique Zaldivar <EZaIdiva n1@baldwinpark.com>; Sam Gutierrez <SGutierrez(@baldwinpark.com>; Ron Garcia <RGarcia@baldwinpark.com> Subject: Baldwin CaIAPP Submission On behalf of the City of Baldwin Park please accept our CaIAPP application. Please let us know if you have any questions. We look forward to hearing back from the CEC. David Marquez David Marquez Senior Project Manager California Consulting, INC 214 Main Street, Suite 102 El Segundo, CA. 90245 323.397.2690 ITEM NO. 6 STAFF REPORT TO: Honorable Mayor and Members of the City Council HI�B of rH' FROM: Sam Gutierrez, Director of Public Works s;GAg'E` PREPARED BY: Bernardo Navarrete, Engineer Assistant VAL'LE r:°T� M DATE: September 20, 2023 SUBJECT: Accept Completed Improvements and Authorize Close - Out of Project Expenditures for Maintenance Work at the Homeless Housing Family Site Project (Serenity Homes) Consisting of Material and Equipment Procurements, and Construction Work SUMMARY This item requests City Council Consideration for acceptance of project improvements and close-out of related expenditures for the Serenity Homes Family Bridge Housing Site Project. The completed maintenance work included installation of additional security cameras, entry gate security upgrades, installation of an access platform with steps for the existing on -site restroom and shower facility trailers, installation of a glass sliding door in the multi -purpose room, installation of glass French doors in the storage room, upgrades to the existing roof, site furniture procurement, and flooring upgrades for the site's storage room. The maintenance work was authorized and funded through the San Gabriel Valley Regional Housing Trust (SGVRHT) Site Improvement and Maintenance budget on a reimbursement basis. In January 2023, Staff received pre -approval for all work expenditures in the amount of $90,030.00 to cover the overall costs. RECOMMENDATION It is Staff's recommendation that the City Council: 1. Approve final expenditures for improvements for contract services from: a. Greg Ruvalo (Contractor) for a total amount of $ 38,314.00 consisting of: i. Installation of a glass sliding door in the amount of $2,660.00 ii. Installation of an access platform -and -step system in the amount of $13,080.00. iii. Perform roofing upgrades to an existing building in the amount of $15,280.00. iv. Installation of an entry gate security system in the amount of $7,294.00; and b. Ram Construction and Fencing LLC for the purchase and installation of a glass French door in the amount of $12,250.00; and c. Pedroza Concrete Systems Inc. for the repair and installation of epoxy flooring in the amount of $13,200.00; and d. ConvergeOne for procurement and installation of security cameras in the amount of $18,447.55; and 2. Approve final expenditures for materials procurement and placement for Uline, Inc. for purchase of furniture and tables in the amount of $7,559.25; and 3. Authorize the Director of Finance to make necessary budget adjustments and authorize the Director of Public Works to process invoices including reimbursement request made to SGVRHT for qualified expenses. Page 1 / 2 FISCAL IMPACT The project was front -funded by the City's General Fund Reserve on a reimbursement basis. City expenditures were pre -approved and will be reimbursed by the San Gabriel Valley Regional Housing Trust (SGVRHT) upon acceptance and invoicing of the improvements. There will be no fiscal impact to the General Fund and the Reserve will be replenished from the reimbursement. BACKGROUND In December 2022, City Council approved and accepted the project improvements and close-out for Serenity Homes. At that time, staff received direction to make additional maintenance improvements with regard to security, repairs, site furnishings and access upgrades needed for the site. Through coordination with SGVRHT and their on -site manager, CityNet, staff developed a priority list of maintenance improvements. It was determined that the maintenance upgrades could be funded through SGVRHT's Site Improvement and Maintenance budget. Staff solicited various quotes for all proposed maintenance work and received pre -approval from SGVRHT in the amount of $90,030.00 to cover the overall costs. Staff received City Council approval in March 2023 for proceeding with the additional maintenance work at Serenity Homes, including approval of the various proposals and expenditures. DISCUSSION The maintenance work at Serenity Homes was inclusive of upgrades to the communal spaces, namely accessibility upgrades to the multi -purpose room, flooring upgrades to the storage area, roofing upgrades, and safety upgrades to the trailers by providing a platform to facilitate accessibility. Additionally, there were security upgrades to the site including the installation additional security cameras and installation of an entry gate security system. The project has been completed and all improvements have been accepted by staff. Also of note, is that all improvements were completed without the need for change orders ensuring that the overall costs were limited to the pre -approved amount allotted by SGVRHT. Staff recommends that the City Council accept the improvements and authorize staff to file a request for reimbursement from SGVRHT. ALTERNATIVES The City Council may provide staff with alternate direction. CEQA REVIEW The subject project is exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 (Section 15201, existing facilities) Subsection (C) exemption, which includes the subject project. The key consideration for a Class 1 exemption is whether the project involves negligible or no expansion of an existing use. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Quotes for the various work items 2. Final Invoices for approved work 3. SGVRHT Reimbursement Approval Page 2 / 2 .. .. .. .. .. .. - - Greg Ruvolo Invoice 15021 Lashburn St Invoice No: 1022 Whittier Ca 90604 Date: 03/02/2023 562-824-7725 Terms: NET Due Date: 03/02/2023 Bill To: City Of Baldwin Park ShipTa: avazquez@baldwinpark.com 4100 Baldwin Park Blvd Baldwin Park Calif. 91706 Description cutout 6' opening between two rooms and frame for glass sliding door (terminate re-route any utilities in the wall) install 6'glass sliding door trim & finish both sides of door 680new 6'glass sliding door All hardware and other consurnables to complete job Subtotal Shipping Total 0 Quantity Rate Amount 1 $675.00 $675.00 1 $750D0 $750.00 1 $400.00 $400.00 1 $660D0 $660.00 1 $175.00 $175.00 $2,660.00 $0.00 $2,660.00 PAID $0.00 Balance Due $2,660.00 Notes We are not responsible to damage to real property or personal injury caused by any act of nature I.E. wind, flood, lightning etc. PLEASE REMOVE ALL BANNERS DURING WINDY CONDITIONS! Whittier Ca 90604 562-824-7725 Bill To: City [fBaldwin Park avazquez@ba|dwinpark.com 410QBaldwin Park Blvd Baldwin Park Calif. 917O6 Description 7260Fabricate a 48'x 5'x 35" steel platform with expanded metal floor. approx.12upright legs, hand rail to match existing ada ramp, approx. 5'wide steps from ground to platform also hand railing both sides of steps, install thresholds from platform to door entry, powder coat black to match existing ada ramp materiel toconstruct platform � all hardware and other comumab|cs Invoice No: 1021 Date: 05/22/2023 Terms: NET8 Due Date: 05/22/2023 0 Quantity Rate Amount 1 $1,745�00 $1.745I0 1 $1.850.00 $1.850.00 1 $225.00 $225D0 Subtotal $23,08080 Shipping $0.00 Total $13'080.00 PAID $DDD Balance Due $13,080.00 Notes We are not responsible to damage to real property or personal injury caused by any act of nature I.E. wind, flood, lightning etc. PLEASE REMOVE ALL BANNERS DURING WINDY CONDITIONS! Whittier Ca 90604 562-824-7725 Bill To: City [fBaldwin Park avazquez@ba|dwinpark.com 410QBaldwin Park Blvd Baldwin Park Calif. 917O6 ShipTb Tiny homes20 13167 Garvey Ave Baldwin Park, CA, 91706 Description REMOVE ALL MATERIEL FROM EXISTING ROOFS REPLACE ALL DAMAGED WOOD I NSTALL F1 RST LAYER OF PEEL AND STICK TAR PAPER AND FINAL WHITE COOL ROOF TORCHED DOWN Invoice No: 1020 Date: 03/06/2023 Terms: 0ET8 Due Date: 03/06/2023 0 Quantity Rate Amount 1 $4,000�00 $4,000.00 1 $3.40000 $3.400�00 1 $7.880.00 $7.880�00 Subtotal *15.280,00 Shipping $0.00 Total $15.280�00 PAID $UDO Balance Due $15~280.00 Note We are not responsible to damage to real property or personal injury caused by any act of nature I.E. wind, flood, lightning etc. PLEASE REMOVE ALL BANNERS DURING WINDY CONDITIONS! Whittier Ca 90604 562-824-7725 Bill To: City [fBaldwin Park avazquez@ba|dwinpark.com 410QBaldwin Park Blvd Baldwin Park Calif. 917O6 Description Aipmne|X-MV7 Aiphonaix-dvgate camera As a abloy 9600 electric striker for f rent gate Install camera onfront gate, install magnetic lock onfront gate. Run approx167ofcat 5wire tooffice Connect iaphonctoexisting switch panel, set upand confirm operation Invoice No: 1054 Date: 06/20/2023 Terms: NET8 Due Date: 08/20/2023 0 Quantity Rate Amount 1 $2758I0 $1.758D0 1 $1,265.00 $1285.00 1 $606D0 $606,00 � Subtotal $7,294,00 Shipping MO Total $7,294.00 PAID $7.29480 Balance Due $0.00 Notes We are not responsible to damage to real property or personal injury caused by any act of nature I.E. wind, flood, lightning etc. PLEASE REMOVE ALL BANNERS DURING WINDY CONDITIONS! IM00 DATE Is IkWK0101-tU3411TW,I�l` .3ORA0 Ram Construction aFencing LLC. INVOICE Phone (626) 494-3289 Ramfencel@yahoo.com LIC # 1005656 I.' � 1 • t ', 1 i • a � • � 1. i � • r BEST Pedroza Concrete Systems,inc. 17619 Malaga Ct Fontana, Ca 92336 Phone: (909) 644-1916 Email: r.pedroza@ymail.com Description Service Address Serenity Homes 13165 Garvey Ave Baldwin Park, Ca 91706 City Of Baldwin Park 14403 Pacific Ave Baldwin Park, Ca 91706 Payment terms Invoice # Date Business / Tax # Rate Quantity 30 Days 352 03/17/2023 CSLB # 1033975 Total FLOOR REPAIR $5,000.00 1 $5,000.00 Remove 20x1 5 section of asphalt and replace with 4!' of concrete with #3 rebar reinforcement using 3,500 psi concrete mix with dowels and epoxy on existing. Hard trowel / smooth finish. Install 3/4"concluit $3,200.00 1 $3,200.00 Saw cut, remove and haul away debris. Install a new 3/4!'conduit from panel to desired location for future electrical project. Re pour concrete in trench to finish grade. Construct Curb and Gutter $3,800.00 1 $3,800.00 Construct 49'of Curb and Gutter around exterior of the storage room. Contractor will ensure there is proper flow to desired location. Epoxy floor $1,200.00 1 $1,200.00 Epoxy entire room. Epoxy flake colors to be determined by City of Baldwin Park. Subtotal $13,200.00 Total $13,200.00 NET 30 $12,000.00 Payment Schedule N ET 30 (90.91 %) NET 30 Upon completion of epoxy (9.09%) $1,200.00 Notes: * PHASE 1 WORK TO BEGIN MONDAY, MARCH 13 AND TO BE COMPLETED BY WEDNESDAY, MARCH 21. PHASE 2 WORK WILL BEGIN 28 DAYS FROM CONCRETE POUR TO ALLOW CURE TIME FOR EPDXY APPLICATION. WORK HOURS ARE FROM 7 AM TO 4PM. NO WEEKEND WORK THIS PRICE IS GOOD FOR 30 DAYS, THIS PRICE IS BASED ON QUANTITIES PER PLAN, ALL QUANTITIES WILL BE MEASURED AND BILLED ACCORDINGLY. ANY UNFORESEEN CHANGES ARE SUBJECT TO PRICE ADJUSTMENTS(CHANGE ORDER). WORK WARRANTIED FOR ONE YEAR. ' . •• '-• • City Of Baldwin Park Remit To: ConvergeOne, Inc. WI --geone Re NW 5806 convok PO Box 1450 Minneapolis, MN 55485-5806 888-321-6227 City of Baldwin Park 14403 EAST PACIFIC AVE BALDWIN PARK, CA 91706 Customer: Primary Contact: Email: Phone: Opportunity Number: Page: Invoice Number: Invoice Date: Payment Terms: Customer PO: Customer ID: City of Baldwin Park 14403 EAST PACIFIC AVE BALDWIN PARK, CA 91706 Invoice Summary Tiny Homes 2 Additional Cameras City of Baldwin Park Samuel Gutierrez sgutierrez@baidwinpark.com 626-960-4011 OP-000733738 National Account Manager: Email: Phone: Solution Number: 1 of 2 PS235119 5/30/2023 Net 30 02815 AAACITBAL0001 David Ngo (SLED) dngosied@convergeone.com SO-000820053 Summary Original Total Deposit Current Due Professional Services $9,934.00 $0.00 $9,934.00 Subtotal Actual Tax Actual Freight $9,934.00 $mo $0.00 $0.00 $0.00 $0.00 $9,934.00 $0.00 $0.00 Total $9,934.00 $0.00 $9,934.00 For W9, ACH, account statement requests, and payment inquiries, please contact: AccountsReceivable@convergeone.com For tax questions please contact: SalesTax@convergeone.com For invoice content inquiries please contact: CIBillingTeam(cbconvergeone,com ti x `tlAN a4 g Remit To: NW 58060ne, Inc. Page: 2 of 2 Invoice Number: PS235119 PO Box 1450 Invoice Date: 5/30/2023 Minneapolis, MN 55485-5806 Payment Terms: Net 30 888-321-6227 Customer PO: 02815 Customer ID: AAACITBAL0001 Project Number: 35590 Invoice Detail Tiny Homes 2 Additional Cameras Billing Method: Milestone 1 Professional Professional Services 1 $9,934.00 $9,934.00 Services $9,934.00 $0.00 $0.00 $9,934.00 Remit To: ConvergeOne, Inc. --geone Re NW 5806 convok PO Box 1450 Minneapolis, MN 55485-5806 888-321-6227 CITY OF BALDWIN PARK ACCOUNTS PAYABLE 14403 EAST PACIFIC AVE BALDWIN PARK, CA 91706 Customer: Primary Contact: Email: Phone: Opportunity Number: Page: Invoice Number: Invoice Date: Payment Terms: Customer PO: Customer ID: CITY OF BALDWIN PARK 13167 GARVEY AVE BALDWIN PARK, CA 91706 Invoice Summary Tiny Homes 2 Additional Cameras CITY OF BALDWIN PARK Samuel Gutierrez sgutierrez@baidwinpark.com 626-960-4011 OP-000733738 National Account Manager; Email: Phone: Solution Number: 1 of 2 IHWIP908742 7/20/2023 Net 30 02815 AAACITBAL0001 David Ngo (SLED) dngosied@convergeone.com SO-000820053 Summary Original Total Deposit Current Due Product (Software & Hardware) $7,878.70 $0.00 $7,878.70 Maintenance/Managed Services $85.28 $0.00 $85.28 Subtotal $7,963.98 $0.00 $7,963.98 Actual Tax $549.57 $0.00 $549.57 Actual Freight $0.00 $0.00 $0.00 Total $8,513.55 $0.00 $8,513.55 For W9, ACH, account statement requests, and payment inquiries, please contact: AccountsReceivable@convergeone.com For tax questions please contact: SalesTax@convergeone.com For invoice content inquiries please contact: CIBillingTeam(cbconvergeone.com III Remit To: Conver eOne, Inc. till a r ;=:=:=Mo a r, � x,ra,� r ` �,�,"�v � �,,n,S t � ,==te NW 5806 PO Box 1450 Minneapolis, MN 55485-5806 888-321-6227 Invoice Detail Tiny Homes 2 Additional Cameras Ship Method: WH COORDINATOR Partial Billing Allowed: No Page: Invoice Number: Invoice Date: Payment Terms: Customer PO: Customer ID: 2 of 2 IHWIP908742 7/20/2023 Net 30 02815 AAACITBAL0001 1 0070075EG STRAP ONE HOLE 3/4 IN 24 $2.35 $56.40 Serial Number5: 126427-1-1, 126427-1-10, 126427-1-11, 126427-1-12, 126427-1-13, 126427-1-14, 126427-1-15, 126427-1-16, 126427-1-17, 126427-1-18, 126427-1-19, 126427-1-2, 126427-1-20, 126427-1-21, 126427-1-22, 126427-1-23, 126427-1-24, 126427-1-3, 126427-1-4, 126427-1-5, 126427-1-6, 126427-1-7, 126427-1-8, 126427-1-9 2 760008888 24-4P UTP SOL BC CAT 6 PE 305M REEL 1 $470.00 $470.00 FLOODED OUTDOOR BLK Seria/ Number., 126427-1-1 3 885306 1IN THIN WALL CONDUIT FITTING STRAIGHT 12 $1.65 $19.80 CONNECTOR GALVANIZEDSTEEL EMT Serial Numbers: 126427-3-1, 126427-3-10, 126427-3-11, 126427-3-12, 126427-3-2, 126427-3-3, 126427-3-4, 126427-3-5, 126427-3-6, 126427-3-7, 126427-3-8, 126427-3-9 4 885312 1IN THIN WALL CONDUIT COUPLING 12 $1.88 $22.56 GALVANIZED STEEL EMT Serial Numbers: 100832-1-1-1, 100832-1-1-10, 100832-1-1-11, 100832-1-1-12, 100832-1-1-2, 100832-1-1-3, 100832-1-1-4, 100832-1-1-5, 100832-1-1-6, 100832-1-1-7, 100832-1-1-8, 100832-1 -1-9 5 C1000-8FP-2G-L CATALYST 1000 8PORT GE, FULL POE, 2X1G SFP 1 $867.74 $867.74 Serial Number: SPSZ27121KRU 6 CB51-30E-HW CB51-E OUTDOOR BULLET CAMERA, 30 DAYS 4 $930.00 $3,720.00 Serial Numbers: GAKQ-QGHF-WNAF, GAKQ-TGRN-K3AA, GAKQ-TKER-YR4A, GAKR A4T3-K3XK 7 CON-SNT- SNTC-8X5XNBD CATALYST 1000 8PORT GE, 1 $85.28 $85.28 C1008FPG FULL POE, 2X1G S 12mo Serial Number., P0000126426-1 8 CONDUIT 1-IN- 1" EMT per 100 1 $205.00 $205.00 EMT ELEC METALLIC Serial Number: 126427-4-1 9 LIC-5Y Verkada 5 Year Cloud License 4 $629.30 $2,517.20 Serial Number., P0000126424-1 $7,963.98 $549.57 $0.00 $8,513.55 Mmm1-800-295-5510 uline.com PO Box 88741 Chicago, IL 60680-1741 THANK YOU FOR YOUR ORDER. ULINE CUSTOMER SINCE 2019 SOLD TO: BALDWIN PARK CITY OF 14403 PACIFIC AVE BALDWIN PARK CA 91706-4297 DUPLICATE INVOICE ULINE FED ID#: 36-3684738 INVOICE #: 160808572 ORDER #: 81716828 SHIP TO: BALDWIN PARK CITY OF MAINTENANCE YARD 13135 GARVEY AVE BALDWIN PARK CA 91706-4627 CUSTOMER NO. PURCHASE ORDER NO. SHIP VIA ORDER DATE DATE SHIPPED TERMS INVOICE DATE 16120813 BERNARDO OLD DOMINIO 03/07/23 1 03/07/23 NET 30 DAYS 03/07/23 QTY BACK ITEM NUMBER DESCRIPTION UNIT PRICE .. ORDERED ORDERED� 52 EA H-5678BL PLASTIC STACKABLE CHAIR - BLACK 54.50 2,834.00 8 EA H-6933 ECONOMY TRAINING TABLE - 72 X 24" 235.00 1,880.00 4 EA H-8591 PATIO TABLE - 46" SQUARE 320.00 1,280.00 8 EA H-8592 PATIO STACKING CHAIR 75.00 600.00 ORDER PLACED BY: BERNARDO NAVARRETE SUB -TOTAL SALES TAX SHIPPINGMANDLING AMOUNT DUE CDIAZ PRO #: 59706041510 6,594.00 626.43 338.82 7,559.25 -------------------------------------------------------------------------- PLEASE PAY FROM CUSTOMER THIS INVOICE CUSTOMERNUMBER • • DATE AMOUNT REFER TO THIS INVOICE NUMBER WHEN CONTACTING BALDWIN PARK CITY OF 16120813 160808572 03/07/23 7,559.25 US REGARDING THIS TRANSACTION AMOUNT ENCLOSED IF DIFFERENT THAN AMOUNT DUE $ EXPLAIN DIFFERENCES ON REVERSE SIDE IMPORTANT PLEASE DETACH AND RETURN THIS MAKE CHECK ULINE PORTION TO INSURE PROPER CREDIT PAYABLE AND MAIL TO: ATTN: ACCOUNTS RECEIVABLE PO Box 88741 Chicago IL 60680-1741 1612081301608085722303070007559251 Page 1of1 000u@gnEnvelope ID: r4o03r10-6u5o4OEa-B08r'E13ar9o35O49 Mh,,!San Gabrie'l Valley Date 01/24/2023 City City of Baldwin Park Contact Sam Gutierrez I Bernardo Navarrete Description Amount Select Eligible Category: 2)$ 13,080.00 (Greg) [SLite Improv 4) $ 13,200.00 (Spino) Gaps in Services Provide brief description of i m prove ment/se rvice(s): 1) Sliding Door 2) Steps and Platform for trailers 3) Wall Conversion / French Doors (Glass) 4) Epoxy Flooring 5) Exterior Improvements (Roof) 6) Security Cameras (Assumes 4) 7) Access Point (Front Gate) Please attach invoice or estimate as backup. For SGVRHT Staff only: Reimbursement request approved: F—Xl Yes F—1 No vmyis$C�v ITEM NO. 7 STAFF REPORT U OF X TO: Honorable Mayor and Members of the City Council THE` •"sg�EL FROM: Sam Gutierrez, Director of Public Works PREPARED BY: Bernardo Navarrete Engineer Assistant DATE: September 20, 2023 SUBJECT: Approve a Professional Services Agreement (PSA) with RailPros Rail Engineers for Construction Management and Inspection Services for City Project No. CIP 20-31 — Traffic Signal and Rail Crossing Safety Improvements at Pacific Avenue and Bogart Avenue. SUMMARY This report seeks City Council Approval for a Professional Services Agreement (PSA) with Railpros Rail Engineers, Inc. (RailPros) for Construction Management and Inspection Services in the amount of $293,090.85 for the Traffic Signal and Rail Crossing Safety Improvements at Pacific Ave. and Bogart Ave. The proposed improvements at the at -grade crossing will provide safety upgrades for pedestrian and vehicular travelers and will construct necessary improvements to make the crossing ready for future Quiet Zone implementation. RECOMMENDATION Staff recommends that the City Council: 1. Approve the proposal from RailPros in the amount of $ 293,090.85 for construction management and inspection services for City Project No. CIP 20-31; and, 2. Authorize the Director of Finance to drawdown and appropriate $323,400.00 from the Measure M Bond Proceeds Fund No. 660 to Fund No. 255 to cover the cost; and, 3. Authorize the Mayor and City Clerk to execute a Professional Services Agreement (PSA) for Construction Management and Inspection Services for City Project No. CIP 20-31. FISCAL IMPACT The approval of this action will have no impact on the City's General Fund. The proposed services for Construction Management and Inspection will be funded through Measure M Revenue Bond Proceeds. The funds are available for drawdown from Fund No. 660 and will be applied to the project's funding matrix upfront. The project is included in the current Fiscal Year's Capital Improvement Program (CIP) approved by City Council on September 1, 2021. The funds available for the project are as follows: ti � l3 � 1 � 1 1 . i i' ��f � �� ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti (j ti ti ti ti ti ti �.111,1�.��,BEN,�EN,��.��,��.��,��.��,��.��� lllllll lllllllll llllllll Ili 1111 ,.1111111 Measure M Revenue Acct. #255-50-520-58110-15550 — Professional Services $294,000.00 Bond Proceeds Acct. #255-50-520-58110-15550 — Contingency 10% $29,400.00 Total $323,400.00 BACKGROUND Since the project's inception in October 2012 through the City's awarded State Highway Safety Improvement Program (HSIP) Grant, the project has undergone various phases of design development, expansion of scope and project milestone attainments. Ultimately, the overall project has expanded for Page 1 / 3 inclusion of various intersections in an effort to incorporate a highly -sought after Quiet Zone within the City of Baldwin Park. Through the success in procurement of project funding, this project, specific to the Pacific Boulevard at -grade crossing, was able to proceed through its evolving stages including authorization through the corresponding jurisdictions namely, the California Public Utilities Commission (CPUC), Southern California Regional Rail Authority (SCRRA) and Caltrans. Through ongoing coordination and working with SCRRA, Staff developed a Construction & Maintenance Agreement (C&M) with SCRRA for the safety improvements at the Pacific Boulevard at -grade crossing. The C&M is the last major barrier in the series of milestones necessary to take the project into the construction phase. On December 21, 2022, City Council approved entering into a Construction and Maintenance Agreement (C&M) with Southern California Regional Rail Authority (SCRRA) for Rail Crossing Improvements at Pacific Avenue (CIP 20-31 and CIP No. 20-35). Since the approval of the C&M agreement with SCRRA, staff has held periodic meetings with SCRRA in anticipation of the project's scheduled construction commencement slated for early 2024. The planned improvements for the at -grade crossing will bring the highway -rail crossing up to current SCRRA Grade Crossing Safety Standards and includes among other improvements, new raised median islands, additional warning devices with gate arms and cantilevered flashing signals, improved pavement, curbs, gutters and sidewalks with pedestrian warning devices such as pedestrian gate arms, emergency swing gates, channelization and other enhancements, right-of-way swing gates, signing and striping, and other roadway improvements. These facilities will be built to SCRRA standards with slight design deviations due to the existing site conditions and crossing geometry. DISCUSSION In anticipation of the commencement of construction activity, it is imperative that Staff bring on -board a knowledgeable and specialized firm to handle various aspects of the construction phase that are central to the success of the project. To that end, Staff solicited a request for proposals (RFP) for Construction Management, Inspection, Bid Support and Technical Specifications review given the project's complexity and specialized nature due to the integrated rail signal scope. The RFP was advertised through the City's PlanetBids portal and on July 13th, 2023, a total of two (2) bids were received and checked for errors, and both were determined to be valid. The following is a summary of the initial proposals received: Initial Proposals received: �: �: �:�: �:. t 1 RailPros Rail Engineers Los Angeles, CA $ 372,886.35 2 Infrastructure Engineers Brea, CA $ 82,139.00 A panel comprised of three (3) staff members independently reviewed each proposal and then collaborated to determine the most qualified consultants using specific evaluation criteria, including experience and qualifications of both staff and firm, approach and methodology to the project's requirements, level of effort in staffing commitment and time allocation, ability to meet City's schedule and expertise and specialty knowledge in rail construction. Also due to the significant cost variance between the two proposals Staff was prompted to conduct a direct comparison analysis in order to compare the proposals in an apples -to -apples approach, matching the proposed hourly effort for both firms in alignment to SCRRA's anticipated hours for both construction management and inspection work. Through this exercise, staff was able to approximate Infrastructure Engineer's estimated cost utilizing their hourly rates to be closer to $205,645.10. As a result of the in-depth review, Staff opted to go with RailPros. Subsequently, Staff approached RailPros and was able to successfully negotiate the Page 2 / 3 cost down to $293,090.85 so that it aligned with the proposed SCRRA construction estimates. The following table summarizes the proposals post analysis and negotiations: Final Proposals post analysis: )} i}ii }i, ��i»��i �\\\\\\\\\\\\\\\\\\Z�S�\�\\\\\\\\.: �i ftfr,\ .'? 1�' �� �2�}\`}`2`}'�`}�`l`"\`}`i`i`31`i �`i �`i �`i`� ��\"\�\�� �ii t �fY y j ? �i$1 }\ `\ yl \ .. l INA, } '.. 1 ..}il 1 RailPros Rail Engineers Los Angeles, CA $ 293,090.85 2 Infrastructure Engineers Brea, CA $ 205,645.10 Despite the remaining cost variance of $87,445.75 between the final proposals, Staff stands by its recommendation to proceed with RailPros as their extensive experience best aligns with the project requirements as exemplified through their proposal which was indicative to an accurate level of effort anticipated for this project. Additionally, RailPros facilitated the review of the now -approved construction plan set and is thoroughly familiar with the unique requirements and constructability challenges crucial to the construction of the proposed improvements. The City will serve as the contract awarding authority and take the lead on the project while working closely with SCRRA on coordinating construction efforts within the railroad improvements. The traffic signal improvement project will be constructed in tandem, however due to its proximity to the existent rail, construction must be in conformance with SCRRA standards of which vary significantly from what is standard outside of these parameters. The RFP will be inclusive of construction management, conducting all required inspections, providing bid support when soliciting a contractor, and ensuring the project specifications are all encompassing for what will be required from the contractor. Although traffic signal projects fall within Public Works' competency, development near a railroad presents additional requirements outside of staff's expertise and knowledge. It is staff's recommendation to obtain City Council approval for the RFP with RailPros Railroad Engineers for their railroad construction expertise, as this is an imperative component for the project's successful development and will facilitate the stringent coordination requirements posed by SCRRA. ALTERNATIVES The City Council may choose to: 1. Decline approval of the RailPros Proposal. This action is not recommended as it may result in unprecedented delays with the current construction schedule and noting the unique requirement of construction which is required to be in tandem with SCRRA's rail improvement project; or, 2. Provide Staff with alternate direction. CEQA REVIEW The action being considered by the city council is exempt from the California Environmental Quality Act (CEQA) because it is not a "project" under section 15378(b)(5) of CEQA guidelines. The action involves an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Request for Proposal 2. Submitted Proposals 3. Professional Services Agreement with Rail Pros. Page 3 / 3 CITY OF BALDWIN PARK REQUESTFOR PROPOSALS FOR Construction Management Services for CIP 19-31 Improvements at Pacific Avenue and Bogart Avenue Traffic Signal and Rail Crossing Safety Project Proposals Due: August 7, 2023 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION 14403 E. Pacific Avenue Baldwin Park. CA. 91706 Table of Contents 1. Introduction 1.1 Invitation for proposals 1.2 RFP Timeline 1.3 Submittal Procedures 1.4 Contact 1.5 General RFP Conditions 2. Scope of Services 2.1 City Location and Characteristics 2.2 Project Background & Description 2.3 Relevant Plans, Policies, Programs, or Projects 2.4 Scope of Services Tasks 3. Proposal Submittal Instructions 3.1 Format 3.2 Content 3.2.1 Cover Letter 3.2.2 Firm Profile 3.2.3 Organization Chart 3.2.4 Bios of Key Staff 3.2.5 Relevant Experience and References 3.2.6 Project Management Plan 3.2.7 Required Forms 3.2.8 Fee schedule 4. Evaluation and Selection 4.1 Review Process 5. Contract Expectations 5.1 Contract Period 5.2 Professional Services Agreement 5.3 Standards of Work 5.4 Invoicing and Payment 6. Sample Professional Services Agreement 7. Required Forms 7.1 Certification of Qualification 7.2 Non -Collusion Affidavit 4 4 4 4 5 6 10 10 10 11 12 14 14 14 14 14 15 15 15 16 16 16 17 17 19 19 19 19 19 20 25 25 26 7.3 Compliance with Insurance Requirements 27 7.4 Acknowledgement of Professional Services Agreement 28 7.5 Debarment and Suspension Certification 29 I . Introduction 1.1 Invitation for proposals The City of Baldwin Park is soliciting proposals from qualified firms to provide full plan check, bid support, construction management, inspection and related services for City Project CIP 19-31, Street Improvements of Pacific Avenue and Bogart Avenue Traffic Signal and Rail Crossing Safety Project. The purpose of this services contract is to provide the City of Baldwin Park with the best possible construction management, bidding support and inspection services at a level expected by the City's residents, City Council, City staff, and visitors of the community. The selected Consultant will work closely with Public Work's staff to ensure the most effective management of CIP 19-31, Street Improvements of Pacific Avenue and Bogart Avenue Traffic Signal and Rail Crossing Safety Project. It is the intent of the City to award a contract, in a form approved by the City Attorney, to the selected firm (see Section 6). The City reserves the right to further negotiate the terms and conditions of the contract. The City shall retain the right to reject any proposal for noncompliance with contract requirements and provisions, or to not award a contract because of unforeseen circumstances or if it is determined to be in the best interest of the City. This contract will be awarded based on demonstrated ability and performance providing similar services at a fair and reasonable cost. This contract may not be awarded to the company submitting the proposal with the lowest costs. 1.2 RFP Timeline RFP posted date July 13, 2023 Deadline to submit written questions July 31, 2023 Posting of responses to questions August 3, 2023 Deadline to submit Proposals August 7 2023 Interviews (if deemed necessary at the City's discretion) TBD Tentative award October, 2023 1.3 Submittal Procedures All proposals must be submitted in a sealed envelope, addressed to the City Clerk's office by the deadline: August 7, 2023, at 3:00 pm. Each sealed envelope shall contain one (1) original proposal, two (2) printed copies, one (1) copy of the fee schedule, and one (1) soft copy in PDF format of all files on a USB flash drive. The sealed envelope must be plainly marked on the outside as "Do Not Open - Fee Proposal for Construction Management Services for CIP 19-31, Street Improvements of Pacific Avenue and Bogart Avenue Traffic Signal and Rail Crossing Safety Project" with Consultant's name, address, and his/her license number. Proposals may be mailed or delivered in person and addressed as follows: City of Baldwin Park City Clerk Office 14403 E. Pacific Avenue Baldwin Park, California 91706 Faxed or e-mailed proposals will not be accepted. Late proposals will not be accepted. The consultant shall be solely responsible for its delivery to the City prior to the date and hour stated above. Any proposals received after the stated date and time due to delay in mail delivery or any other reason will not be considered by the City. Any revisions to the RFP will be issued and distributed as addenda. Upon receipt of proposals, the City may elect to "shortlist" firms. Interviews will only be conducted with the shortlist firms to obtain additional information regarding the proposal if the City determines that additional information is needed to make a selection. The City reserves the right to select a successful Consultant without conducting interviews. The City of Baldwin Park Department of Public Works hereby affirmatively ensures that minority owned business enterprises will be afforded full opportunity to submit and have considered, a proposal in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, handicap, gender, sexual preference, or religion in any consideration leading to the award of contract. The right is reserved by the City of Baldwin Park Department of Public Works to reject any or all submittals, to waive any irregularities or informalities not affected by law, to evaluate the submittals provided, to negotiate further with any and/or all consultants and to award the contract according to the offer which best serves the interests of the City. The format, content, and procedures for submitting a proposal are provided in further detail within the RFP (see Section 3). 1.4 Contact Consultants must seek clarification of any ambiguity, conflict, omission, or other error in this RFP in writing prior to submission of their proposal. If an answer materially affects the RFP, the information will be incorporated into an addendum and distributed to all Consultants. It shall be the Consultant's sole responsibility to check with the City staff to determine if any addenda have been posted prior to the proposal due date. All inquiries concerning RFP procedures, regulations and technical information must be submitted in writing by the due date shown on the proposal schedule to: RFP Contact: Romany Basilyous, Engineering Manager Email: rbasilyousL&baldwinpark.com Address: 14403 E. Pacific Avenue, Baldwin Park, CA 91706 Responses to all questions will be posted on the City website. Proposers are specifically directed not to contact any other City personnel for meetings, conferences or technical discussions related to this RFP. Failure to adhere to this policy may be grounds for rejection of proposals. 1.5 General RFP Conditions The following instructions and conditions apply to this RFP: A. Pre -Contractual Expenses The City of Baldwin Park shall not, in any event, be liable for any pre -contractual expenses incurred by any consultant. In addition, no consultant shall include any such expenses as part of the price proposed. Pre - contractual expenses are defined as expenses incurred by bidders in: • Preparing a proposal in response to this RFP. • Submitting that response to the City of Baldwin Park. o Negotiating with the City of Baldwin Park any matter related to this RFP, proposal, and/or contractual agreement. • Any other expenses incurred by the consultant prior to the date of an executed contract. B. Authority to Withdraw RFP and/or Not Award Contract The City of Baldwin Park reserves the right to withdraw this RFP at any time for any reason without prior notice. Further, the City makes no representations that any agreement will be awarded to any consultant responding to this RFP. The City expressly reserves the right to reject any and all responses to this RFP without indicating any reasons for such rejection(s). The release of this RFP does not obligate or compel the City to enter into a contract or agreement. C. Authority to Revise RFP and Request Additional Information The City reserves the rights to determine the successful respondent(s), and to reject any or all responses or their components. Should it be necessary for the City to issue addendurns to this RFP during the advertisement period, the City will post addendurns to the City website. It is the responsibility of all prospective respondents to check the City website regularly to see whether any addenda or supplemental materials have been issued. Proposal shall acknowledge that the consultant is aware of all addendurns which have been issued and has incorporated their provisions in their response. The City reserves the right, to request additional information or clarifications from consultants where it may serve the City's best interest. D. ADDITIONAL SERVICES The Scope of Work describes the minimum work to be accomplished. Upon final selection of the firm(s), the Scope of Work may be modified and refined during negotiations with the City. Any proposer that provides additional services can include those services in the proposal and list them as additional services. E. AUTHORIZED SIGNATURES Every proposal must be signed by the person or persons legally authorized to bind the consultant to a contract for the execution of the work. Upon request of the City, any agent submitting a proposal on behalf of a consultant shall provide a current power of attorney certifying the agent's authority to bind the consultant. F. AWARD OF QUALIFICATIONS City reserves the right to negotiate final terms with the selected consultant, if any. Award may be made to the consultant offering the most advantageous proposal after consideration of all criteria. G. COMPLIANCE WITH LAWS All proposal shall comply with current federal, state, and other laws relative thereto. H. CONFLICT OF INTEREST By signing the Certification of Qualifications , the consultant declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Qualifications, consultant declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom. I. DISQUALIFICATION OF PROPOSER If there is reason to believe that collusion exists among the consultants, the City may refuse to consider proposal from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same work unless alternate proposal are called for. Reasonable grounds for believing that any consultant is interested in more than one proposal for the same work will cause the rejection of all proposal for the work in which a consultant is interested. Consultants shall submit as part of their proposal documents the completed Non -Collusion Affidavit. J. EXAMINATION OF DOCUMENTS It is the responsibility of the consultant to carefully and thoroughly examine and be familiar with these RFP documents, general conditions, all forms, specifications, drawings, plans, and addendurns (if any). Consultants shall satisfy themselves as to the character, quantity, and quality of work to be performed and materials, labor, supervision necessary to perform the work as specified by these documents. The failure or neglect of the consultant to examine documents shall in no way relieve the consultant from any obligations with respect to the solicitation for and subsequent contract that may be awarded. The submission of a proposal shall constitute an acknowledgment upon which the City may rely that the consultant has thoroughly examined and is familiar with the RFP documents. The failure or neglect of a consultant to receive or examine any of the documents shall in no way relieve the consultant from any obligations with respect to the proposal. No claim will be allowed for additional compensation that is based upon a lack of knowledge of any solicitation document. K. INTERPRETATION OF RFP DOCUMENTS City reserves the right to make corrections or clarifications of the information provided in this RFP. If any person is in doubt as to the true meaning of any part of this RFP documents, or finds discrepancies or omissions in the document, the person may submit to the City a written request for an interpretation or correction. Oral statement(s), interpretations or clarifications concerning meaning or intent of the contents of this RFP by any person are unauthorized and invalid. Modifications to the RFP, including, but not limited to the scope of work, can be made only by written addendum issued by the City. Proposers shall submit all questions in writing to the contact listed in the announcement or submitted on the PlanetBids Portal. Proposers may not contact any other staff members with questions. The requesting party is responsible for prompt delivery of any requests. When the City considers interpretations necessary, interpretations will be in the form of an addendum to the RFP documents, and when issued, will be sent as promptly as is practical to all parties recorded by the City as having received RFP documents. All such addenda shall become a part of the RFP document. It is the responsibility of each consultant to ensure the City has their correct business name, mailing address and e-mail address on file through the PlanetBids online portal. Any prospective consultants who obtained a set of RFP documents from the PlanetBids online portal are responsible for checking PlanetBids to verify if any subsequent Addendums were issued. L. IRREGULARITIES City reserves the right to waive non -material irregularities if such would be in the best interest of the City as determined by the City Manager. M. NON-DISCRIMINATION Consultant represents and warrants that it does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy -related condition, political affiliation or opinion, age or medical condition. N. NON-EXCLUSIVE Should the City make an award, the successful consultant will enter into a NON-EXCLUSIVE professional services agreement and the City reserves the right to enter into agreements with other firms. O. OFFERS OF MORE THAN ONE PRICE Consultants are NOT allowed to submit more than one fee schedule. P. OWNERSHIP All data, documents and other products used or developed during the RFP process become the property of the City upon submission. All documents submitted in response to this RFP shall become the property of the City and a matter of public record pursuant to Government Code sections 6250 et seq. Proposal should not be marked as confidential or proprietary, and City may refuse to consider a proposal so marked. All information contained within the proposal will become a matter of public record. It is the responsibility of each bidder to clearly identify any and all information contained within its proposal that it considers to be confidential and/or proprietary. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public. Q. PROFESSIONAL SERVICES AGREEMENT Prior to awarding any work, the selected Consultant will be required to execute a professional services agreement (sample attached) with the City. Any proposed change to the agreement shall be identified in the response to the Request for Qualifications (RFP) and shall be subject to the sole approval of the City. The City requires the Consultant to obtain and maintain a policy of professional liability and other insurance as indicated in the agreement. R. NO PUBLIC OPENING/PUBLIC RECORDS ACT Proposal shall be opened and its contents secured by City staff to prevent disclosure during the evaluative process and the process of negotiating with competing consultants. Adequate precautions shall be taken to treat each consultant fairly and to insure that information gleaned from competing proposal is not disclosed to other Consultants. Prices and other information concerning the proposal shall not be disclosed until a recommendation for award is made to the awarding authority. S. PUBLIC RECORD All proposal submitted in response to this RFP will become the property of the City upon submittal and a matter of public record when the City selects a proposer for recommendation to the City Council for its consideration pursuant to applicable law. T. REPRESENTATIONS Consultant understands and acknowledges that the representations made in their submitted proposal are material and important, and will be relied on by the City in evaluation of the proposal . Consultant misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the proposal. U. SEVERABILITY If any provisions or portion of any provision, of this Request for Qualifications are held invalid, illegal or unenforceable, they shall be severed from the Request for Qualifications and the remaining provisions shall be valid and enforceable. V. SUBCONTRACTOR INFORMATION If the proposal includes the use of sub consultants, consultant must identify specific sub consultants and the specific requirements of this RFP for which each proposed sub consultant would perform services. All sub consultant for work services must follow all required provisions of the prime contract. W. VALIDITY Proposal must be valid for a period of 90 days from the due date. X. WITHDRAWAL OF Proposal Consultants 'authorized representative may withdraw proposal only by written request received by this RFP contact personal before the Submittal Deadline. Y. BUSINESS LICENSE The selected firm(s) must obtain a City of Baldwin Park Business license and maintain a current certificate of insurance with the City for the duration of the Professional Service Agreement. 2. Scope of Services 2.1 City Location and Characteristics The City of Baldwin Park is located within the San Gabriel Valley portion of Los Angeles County and it is commonly referred to locally as the "Hub" of San Gabriel Valley area. The City is bounded on the north by the City of Irwindale, on the south by the City of Industry, on the east by the City of West Covina, and on the west by the City of El Monte. The City limits for Baldwin Park encompass a relatively large land area, approximately 6.8 square miles. Baldwin Park is thriving, and engaged community, with some 72,000 residents and naturally draws a high number of visitors to its downtown. Governed by a five -member City Council with members elected at large, Baldwin Park operates under the council/city manager form of government as a general law city. Like the community, the Council is informed, educated, and engaged. The programs and services provided by the City are accomplished through six (6) City departments: Administration, Recreation and Community Services, Finance, Community Development, Police, and Public Works. The City of Baldwin Park Public Works Department consists of two divisions - Engineering and Maintenance. Under the guidance of the Public Works Director, it provides coordinated community enhancement, development services, engineering design and infrastructure maintenance including contract management, construction inspection and oversight. The Public Works Department also manages the City's Capital Improvement Program budget. This budget consists of projects aimed at improving the City's public infrastructure such as streets, transportation, street lights, traffic signals, public buildings, sewer and storm drains, park maintenance and facility upgrades. 2.2 Project Background & Description The City is proposing to signalize the currently stop -controlled intersection at Bogart Avenue and Pacific Avenue. The intersection is adjacent to the Pacific Avenue Highway Rail Crossing, herein referred to as the "CROSSING" and identified as USDOT No. 74728 IC and CPUC No. 101 SG- 18.71 on milepost 18.71 on the San Gabriel Subdivision. The intersection is also located to the west of the Baldwin Park Metrolink Station located at 3825 Downing Avenue. The purpose of signalizing the intersection is to clear vehicular traffic on or near the crossing during a train approach. Additionally, there has been significant interest in establishing a Quiet Zone within the City of Baldwin Park. The residents of the City, particularly those that live adjacent to the tracks, in numerous occasions, have voiced concerns about the loud sound of the train horn and have expressed a desire to eliminate the sound with the implementing a Quiet Zone. Quiet Zones are sections of the railroad corridor where train crews will not regularly sound their horns. To meet the minimum implementation requirements for a Quiet Zone, the City would need to make improvements to all highway -rail grade (public, private and pedestrian) crossings within a minimum length of one-half mile along the length of railroad right-of-way. The features of the proposed design may improve the overall travel time for trains by reducing the potential for train -automobile and train -pedestrian collisions, thereby increasing safety. It will also help with reducing delays to passenger rail traffic, freight rail traffic, and motor vehicles traveling through crossings. Projected future traffic increases will only cause the existing deficiencies to increase and create more delay or more opportunity for rail, automobile, and pedestrian accidents to occur. The planned improvements at the at -grade crossings will bring the highway -rail crossing up to current Southern California Regional Rail Authority (SCRRA) Grade Crossing Safety Standards and may include among other improvements, new raised median islands, additional warning devices with gate arms and, improved pavement, curbs, gutters and sidewalks with pedestrian warning devices such as pedestrian gate arms, emergency swing gates, channelization and other enhancements, right-of-way swing gates, signing and striping, and other roadway improvements, and advanced preemption at adjacent intersection of Pacific & Bogart. These facilities will be built to SCRRA standards with slight design deviations due to the existing site conditions and crossing geometry. The City entered into a Construction and Maintenance Agreement with SCRRA on Feb 24", 2023 for Rail Crossing Improvements at the Pacific Avenue crossing to bring the crossing to current SCRRA standards and to make the crossing Quiet Zone ready. So, the purpose of the Project is two -fold, first the project will construct signalization improvements at the currently stop -controlled intersection at Bogart Avenue and Pacific Avenue and second, improve the highway -rail at -grade crossing at Pacific Avenue. The project will construct traffic signals with interconnection and advance preemption at the intersection of Pacific Avenue & Bogart Avenue,, including constructing pedestrian safety improvements, and constructing exit gates. Currently, there are no pedestrian treatments at the crossing. The Project proposes to construct pedestrian safety improvements on the east side of the crossing, which includes the following improvements as approved in the California Public Utilities Commission (CPUC) GO-8 8B Authorization letter (File Number XREQ XREQ2021020002) dated February 10, 202 1: Six -Foot (6') wide sidewalks with detectable warning strips on both approaches Additional concrete crossing panels to accommodate the new sidewalk. One (1) CPUC Standard 9 pedestrian warning device (gate) including emergency swing gates at each sidewalk approach. Two (2) CPUC Standard 9E vehicular warning device (exit gate) in each vehicular direction Hand railings for pedestrian channelization at each sidewalk approach Pedestrian barricades on the west side of Pacific Ave for both approaches Application of California Manual on Uniform Traffic Control Devices compliant signage and pavement markings In addition to the safety enhancements proposed above, the following improvements will be made to support the safety enhancements and provide a safe and reliable crossing: Replace two (2) sets of existing concrete crossing panels with ADA compliant concrete crossing panels Ten (10) existing field -side concrete crossing panels will be replaced due to wear and tear from vehicular traffic. Modification and testing of SCRRA's signaling equipment, including but not limited to, communications, positive train control (PTC), electrical lines and appurtenances. All railroad flasher, communication, and track systems will be Positive Train Control compliant. 2.3 Relevant Plans, Policies, Programs, or Projects Proposers should review and consider the work already completed or underway in the development of approach, budget, and schedule. The following links are provided for your convenience: o CIP 20-31 Pacific/Bogart Plans • CIP 20-31 Pacific/Bogart Specification • CIP 20-31 Pacific/Bogart Agreement 2.4 Scope of Services Tasks City is seeking a consultant firm for the following services: TASK A: Engineering Plan Check Services Consultant shall assist the City of Baldwin Park's Engineering Staff with, but not be limited to, providing the following Plan Check services: • Review, comment, and update project's plans, specifications, and cost estimate. • Establish and implement coordination and communication procedures among all Project participants including utility companies. • Coordinate meetings with City representatives, SCRRA/Metrolink, and other agencies related to the project. TASK B: Bid Support Consultant shall assist the City of Baldwin Park's Engineering Staff with, but not be limited to, providing the following Bid Support services: • Support the City during bidding process, and participate of the pre -bid meetings. • Attend bid opening and prepare bid results sheet. • Analyze bid responses, support pre -award meetings, and negotiations with selected Contractor. • Check the selected contractor's references, licenses, and work experience. • Develop a document control system that matches the requirements in Metrolink's guidelines, where all files can be turned over to the agency upon closeout of the Project. • Prepare staff report for project awarding. • Direct coordination with City, SCRRA/Metrolink staff, and Project Managers. • Review all permits in -place and if needed, obtain additional permits for construction. TASK C: Construction Management and Inspection Services Consultant shall assist the City of Baldwin Park's Engineering Staff with, but not be limited to, providing the following Construction Management, Contract Administration, and Inspection services: • Schedule and chair a pre -construction meetings with the City, affected Agencies, and Contractor and prepare meeting minutes. • Establish coordination and communication procedures among participants. • Coordination of meetings with City representatives, contractors, SCRRA/Metrolink, and other agencies related to the project. • Coordination of work activities between City contractor and SCRRA contractors. • Assist City contractor with SCRRA/Metrolink Right -of -Entry Process. • Establish and implement procedures for processing and expediting Requests for Information (RFI), Requests for Clarification (RFC), shop drawing submittals, material and equipment sample submittals, contract schedule adjustments, change orders, substitutions and payment requests. • Ensure compliance with all permitting requirements, agency requirements and local regulations. • Ensure all permits and fees are in -place before advancing construction. • Review all submittals per project specification. • Coordinate site mobilization and review traffic control plan. • Review Contract CPM schedule and monitor updates on a weekly basis. • Document management (i.e. shop drawings, Request for Information (RFI), change order, monthly reports, progress payment, memos, meeting minutes, etc.) • Evaluate all contractor claims and coordinate the resolution of conflicts in the plans and/or specifications, contractor -suggested design changes, and design changes necessitated by unforeseen field conditions. • Provide and maintain contract administration and full-time project inspection. • Review submitted invoices by the contractor and recommend payments. • Keep project records and furnishing quality reports. • Prepare comprehensive monthly reports with construction updates; monthly reports will consist of the progress, compliance, issues with their corresponding solutions, submittal log sheets, change order log report, clarification log report, testing log report, photos, etc. • Verify contractor protection of existing survey monuments and their restoration. • Verify materials and construction equipment, street restoration and site improvements. • Prepare daily inspection reports and weekly statements of number of working days. • Log Compliance of Environmental documentation and BMP's. • Coordinate geotechnical and materials testing. • Monitor contractor's safety program and performance as required for compliance with Cal/OSHA. • Monitor the maintenance of the Project Record Drawings during construction and the final preparation of "as -built" drawings after project completion. • Prepare final punch -list and verify completion of punch list items by Contractor for final acceptance by City. • Submit final construction management report summarizing the project history, including major problems, claims and recommendations, actions taken for corrective action. • Assist in project closeout and assemble all warranties, guarantees, and operation and maintenance manuals. 3. Proposal Submittal Instructions 3.1 Format All proposals must be submitted in a sealed envelope, addressed to the City Clerk's office. Each sealed envelope shall contain one (1) original proposal, two (2) printed copies, one (1) copy of the fee schedule, and one (1) soft copy in PDF format of both files on a USB flash drive. The sealed envelope must be plainly marked on the outside as "Do Not Open - Fee Proposal for Construction Management Services for CIP 19- 31, Street Improvements of Pacific Avenue and Bogart Avenue Traffic Signal and Rail Crossing Safety Project" with Consultant's name, address, and his/her license number. 3.2 Content All proposals must be concise, but with sufficient detail to allow accurate evaluation and comparative analysis. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. All proposals should include the sections as described in greater detail below. Do not include marketing brochures or other promotional material not connected with this RFP. 3.2.1 Cover Letter All proposals must be accompanied by a short cover letter, signed by an individual authorized to bind the proposing entity to all commitments made in the submittal. An unsigned proposal is grounds for rejection. The cover letter should include: • Brief introduction of the firm (or team of firms); • Contact information for the person authorized to enter into an agreement with the City; • Contact information for the contract manager that will serve as the day-to-day contact with the City. For this proposal, the City will expect a dedicated point person to manage all task orders; serve as the conduit of information between any task -specific project managers and sub -consultants; and ensure overall quality and responsiveness. • Concise statement of understanding of the scope of work; and • Acknowledgement of receipt of any addendums that were issued for this RFP. 3.2.2 Firm Profile Proposers should provide a brief profile of the prime consultant and any sub -consultants. Information should include, but is not limited to the following information: • Official name, address, email, and telephone number of the consultant's primary point of contact. • Type of business entity of consultant (corporation, company, joint venture, etc.). Please enclose a copy of the Joint Venture Agreement if entity is a joint venture. • Federal Employer I.D. Number. • Indication whether firm is totally or partially owned by another business organization (parent company) or individual. • Number of years consultant has been in business under the present business name. • Number of years of experience the consultant has had in providing required, equivalent, or related services. • Any failures or refusals to complete a contract, and explanation. 3.2.3 Organization Chart Proposer shall include an organizational chart that reflects titles of key staff assigned to provide services under this proposal for the prime consultant and all sub consultants. The organizational chart should clearly identify names, titles, and professional licenses/certifications. It is the City s requirement to have the key personnel identified in the Organizational Chart remain with the individual project during its duration. After contract execution the Consultant should not substitute key personnel (contract manager and others listed by name in the proposal) or sub -consultants without prior written approval by the City. 3.2.4 Bios of Key Staff Proposer shall include bios of key staff identified in the organizational chart for the prime consultant and all sub consultants. The bios should indicate key relevant experience on similar projects, their areas of expertise, degrees, and any relevant professional licenses and certifications. 3.2.5 Relevant Experience and References Proposers shall highlight their experience providing similar services for other municipal clients. References for at least three (3) similar projects within the last five (5) years is required. Please include the following information, at a minimum for other similar projects: Name of contracting agency and department • Description of project or services provided • Year started and completed (if relevant) • Key Personnel Assigned • Name, email, and phone number for agency project manager • Contract Value 3.2.6 Project Management Plan In this section, proposers should detail their approach for this project, ensuring clear communication between the Consultant's Contract Manager and the City, and oversight of task orders to ensure schedule and budget adherence and quality assurance/quality control. 3.2.7 Required Forms Consultant shall review, acknowledge and submit the following forms: • Certification of Qualifications. Consultant is required to sign and submit the Certification of Qualifications including acknowledgement that they have received and considered any addendums issued by the City of Baldwin Park in connection with this RFP. (See section 7.1) • Non -Collusion Affidavit. Consultant is required to sign and submit the NonCollusion Affidavit. (See section 7.2) • Compliance with Insurance Requirements. Consultant shall demonstrate the willingness and ability to submit proof of the required insurance coverage as set forth in the Sample Professional Services Agreement. (See section 7.3) • Acknowledgement of Professional Services Agreement. Consultant shall demonstrate willingness and ability to comply with the City's Sample Professional Services Agreement and/or indicate any exceptions to the Professional Services Agreement. (See section 7.4) 3.2.8 Fee schedule Fee schedule shall be submitted as a separate file, labeled "Fee Schedule" and indicate the firm's name. The fee schedule shall detail hourly rates for key staff members (including their names, titles, and licenses) and other team member categories for various other services offered by the Consultant, and sub -consultants as appropriate. Proposer must also state if rates are guaranteed for the term of the agreement or will be subject to future rate increases. Any proposed requests to change the adopted rates annually shall not exceed the relevant Consumer Price Index for the preceding 12-month period. Fee schedule shall detail any other direct costs, intended to be charged to the City (e.g., travel, equipment, printing/materials). No mark ups will be allowed for direct or miscellaneous costs and sub -consultant work, however, an appropriate number of hours for sub -consultant oversight will be allowed. 4. Evaluation and Selection 4.1 Review Process The City will evaluate all proposals received in accordance with the evaluation criteria. The City shall not be obligated to accept the lowest fee schedule, but the City may make award(s) in the best interests of the City after all factors are considered, including, but not limited to, the demonstrated competence, experience and professional qualifications of the Proposer. Evaluation scores will not be released until after award, if one is made. Following the review of RFPs by the City's team, the City may, if it chooses to do so, invite short-listed consultants to be interviewed by a panel of City staff, which may include non -city personnel at the City's discretion. Discussions may, at the City's option, be conducted with the most qualified Proposer(s). Discussions may be for the purpose of clarification to assure full understanding of, and responsiveness to the solicitation requirements. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and written revision of proposals. In conducting discussions, the City will not disclose information derived from proposals submitted by competing Proposers. The City will verify references of short-listed consultants, which may include persons not listed as references, and this will help inform the City's decisions. The City will select a consultant to negotiate for the performance of work. In negotiating the contract the City may request modifications to the proposed scope or to the technical team or other elements of the proposals. If negotiations fail, the City will commence negotiations with the next qualified candidate. Work will promptly commence following contract award and satisfaction of contract requirements. 4.2 Evaluation Criteria All proposals will be evaluated on the basis of their response to all provisions of this RFP. The City of Baldwin Park will use the following criteria in its evaluation of the proposals, interviews may be required with selected consultants, or verification of references. The categories will be weighted approximately as follows. Approach and Methods (40%): • Demonstration of the team's ability to be responsive to the City's needs and provide a high level of customer service. • Evidence of the team's ability to successfully deliver project tasks and deliverables, within the identified project budget and minimize cost overruns. • Evidence of the team's ability to work collaboratively with other members of a multi -disciplinary team in a complex and dynamic working environment. • Demonstration of the team's commitment to accurate and superior work products and services as detailed in the project management plan. • Incorporation of innovative and/or creative approaches for providing the services that will maximize efficient, cost-effective operations or increased performance capabilities. Relevant Experience & Expertise (40%): • The consultant team's ability to dedicate a strong contract manager, knowledge with the needs of a Public Works Department, that will serve as a single point of contact for the duration of the project. • Recent experience providing similar services for other jurisdictions. • Recent experience providing similar services for at -grade highway railroad crossing including advanced preemption on Class I or Commuter Rail. • Familiarity and experience with applicable industry standards and any relevant federal, state, or local requirements, including SCRRA standards. • The depth and appropriateness of experience of individual members of the technical team as they relate to the specific technical tasks called for by the project. • The team's experience and ability to clearly communicate technical concepts and terminology with the community. Administration (20%): • Billing rates and ability to comply with billing requirements. • The extent and nature of any proposed amendments to the City's Professional Services Agreement. 5. Contract Expectations 5.1 Contract Period The City anticipates the contract term would begin in October 2023. 5.2 Professional Services Agreement The selected consultant will be expected to comply with and sign the City's Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 6.1. The City Attorney or their designee retains the discretion to accept or reject proposed exceptions or modifications to the City's Professional Services Agreement. 5.3 Standards of Work in case of conflicts, ambiguities, discrepancies, errors, or omissions, Consultant shall submit the matter to City for clarification. Any work affected by such conflicts, ambiguities, discrepancies, errors or omissions which is performed by Consultant prior to clarification by City shall be at Consultant's risk and expense. 5.4 Invoicing and Payment Each invoice shall contain a progress report describing the work completed during the billing period and shall also include cost information by task regarding: previous work billed to date, work billed during the reporting period, percent of task completed and amount remaining by task. Invoices are to be submitted monthly. The invoices shall reference the project title, and list charges by task, worker classification, hours, billing rate, and totals. Each invoice shall contain a progress report describing the work completed during the billing period and the following summary information: . . . . . ...... W T a E ut� I �ont on, er effimnin' "et "M .. ciao . . .. ... B�lt eiiod' . . . . . . . . . . . ..... ...... ........ bit e TO, itie',conuac ... .... . . .... 6. Sample Professional Services Agreement CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this XX day of Month, Year by and between the City of Baldwin Park, ("City"), and Consultant Name ("Consultant"). In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows: l . 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 at a not -to -exceed compensation amount of 3. TIME FOR PERFORMANCE. Consultant shall perform the services above described in a timely manner in accordance with the professional standard practices. 4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel, equipment and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. Consultant shall be free to contract for similar services to be performed for other entities while under contract with City. Consultant is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Consultant shall be responsible to pay and hold City harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder. 6. ASSIGNMENT. This Agreement is for the specific services with Consultant as set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void; except that Consultant may assign payments due under this Agreement to a financial institution. 7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform work similar to the Services provided herein. 8. COMPLIANCE WITH LAW. Contract services shall be provided in accordance with the applicable laws and regulations of all governmental agencies that are in force at the time services are performed. Consultant shall be responsible for becoming aware of and staying abreast of all such laws and ensuring that all services provided hereunder conform to such laws. The terms of this Agreement shall be interpreted according to the laws of the State of California. 9. LIABILITY. Consultant shall indemnify, and hold harmless City, its officials, officers, and employees against any and all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, and any judgment rendered against City and/or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity arising out of Consultants' negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, negligent acts or omissions of Consultant, it's agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents or employees. 10. INSURANCE. Consultant shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent Consultants' liability) with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the City. (D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. (E) Prior to commencement of services hereunder, Consultant shall provide City with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: (1) The City, and its officials, officers, agents and employees are named as additional insured (with the exception of Professional Liability and Worker's Compensation); (2) The coverage provided shall be primary (with the exception of Professional Liability and Worker's Compensation) as respects to City, its officials, officers, agents or employees; moreover, any insurance or self-insurance maintained by City or its officials, officers, 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 and including the date of termination of this Agreement, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant shall be entitled to payment for work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit `B" attached hereto. Such payment will be subject to City's receipt of a close-out billing. 18. LITIGATION FEES. Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including reasonable attorney's fees, to the prevailing party. In awarding attorney's fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and attorney's fees paid and/or incurred in good faith. "Prevailing Party" shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the Superior Court of Los Angeles County. This paragraph shall not apply and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties' mutual settlement, arbitration, or mediation of the dispute. 19. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition. 20. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement between the City and Consultant. No verbal agreement or implied covenant shall be held to vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns. 21. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties. 22. DESIGNATED REPRESENTATIVES. The Consultant Representative (A) designated below shall be responsible for job performance, negotiations, contractual matters, and coordination with the City. The City Representative (B) designated below shall act on the City's behalf as Project Manager. (A) CONSULTANT Name Address Phone# (B) City of Baldwin Park Art.: Name 14403 East Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 ex. 460 23 NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notices shall be directed to City's Designated Representative identified in Paragraph "2 1 " of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. CITY OF BALDWIN PARK -0 I Mayor Dated: CONSULTANT: Name -0 Printed Name: Title: Dated: 7. Required Forms 7.1 Certification of Qualification RFP #: The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposals (RFP). 1. Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposals, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom. 2. By submitting the response to this request, Proposer agrees, if selected to furnish services to the City in accordance with this RFP. 3. Proposer has carefully reviewed this proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them. 4. It is understood and agreed that the City reserves the right to accept or reject any or all Proposals and to waive any informality or irregularity in any proposal received by the City. 5. The proposal response includes all of the commentary, figures and data required by the Request for Proposals. 6. The proposal shall be valid for 90 days from the date of submittal. 7. Proposer acknowledges that the City may issue addendurns related to this RFP and that the proposer has reviewed the following addendurns which have been issued: Addendum: Addendum: Addendum: Addendum: 8. Proposer further acknowledges the provisions of any addendums issued have been incorporated into their proposal. Signature of Authorized Representative: Printed Name and Title: Page 25 7.2 Non -Collusion Affidavit RFP #: The undersigned declares states and certifies that: City of Baldwin Park 1. This proposal is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation. 2. This proposal is genuine and not collusive or sham. 3. 1 have not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in a sham proposal or to refrain from submitting to this RFP. 4. 1 have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the fee schedule price or to fix any overhead, profit or cost element of the fee schedule price or to secure any advantage against the City of Baldwin Park or of anyone interested in the proposed contract. 5. All statements contained in the proposal and related documents are true. 6. 1 have not directly or indirectly submitted the fee schedule price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof, to effectuate a collusive or sham proposal. 7. 1 have not entered into any arrangement or agreement with any City of Baldwin Park public officer in connection with this proposal. 8. 1 understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. Signature of Authorized Representative: Printed Name and Title: Page 26 7.3 Compliance with Insurance Requirements RFP #: The selected consultant will be expected to comply with the City's insurance requirements contained within this RFP. The undersigned declares states and certifies that: I. Proposer agrees, acknowledges and is fully aware of the insurance requirements as specified in the Request for Qualifications. 2. If selected, proposer agrees to accept all conditions and requirements as contained therein. Signature of Authorized Representative: Printed Name and Title: Page 27 7.4 Acknowledgement of Professional Services Agreement RFP #: City of Baldwin Park The selected consultant will be expected to comply with and sign the City's Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 6.2. The City Attorney or their designee retains the discretion to accept or reject proposed exceptions or modifications to the City s Professional Services Agreement. 1. Proposer agrees, acknowledges and is fully aware of the conditions specified in the City's Sample Professional Services Agreement. 2. Proposer agrees to accept all conditions and requirements as contained therein with exceptions noted as follows: Signature of Authorized Representative: Printed Name and Title: Page 28 7.5 Debarment and Suspension Certification This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part V11 of the May 26, 1988 Federal Register (pages 19160-19211). Copies of the regulations are available from local offices of the U.S. Small Business Administration. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON THE SECOND PAGE) (1) The prospective consultant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. (e) Have been registered and have an active status on sam•gov (2) Where the prospective consultant is unable to certify to any of the statements in this certification, such prospective consultant shall attach an explanation to this proposal. Business Name Date By Name and Title of Authorized Representative Signature of Authorized Representative Page 29 INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If is is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations (13 CFR Part 145). 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may, but is not required to, check the Non -procurement Li st. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Page 30 INFRASTRUCTURE ENGINEERS a Bowman company City of Baldwin Park Construction Management Services for CIP 19-31 Improvements at Pacific Avenue and Bogart Avenue Traffic Signal and Rail Crossing Safety Project Cost Proposal IETeam Subconsultant-JMD As -Needed Date:8/7/23 Project/ TASK DESCRIPTION Construction Project Project Principal Sr. Project Subconsultants TOTAL COST Manager Coordinator Inspector Engineer - MASOUD SEPAHI NATHAN KIRBY IMAD ZUREIQAT Juan Diez Sr. Project On Point PA, Engineer Epic Billing Rate: $189 $113 $130 $225 $180 TASK A: ENGINEERING PLAN, CHECK SERVICES Al Review, comment, and update project's plans, specifications, and cast estimate. 10 5 4 20 $6,845 A2 Establish and implement coordination and communication procedures among all Project participants including utility companies. 10 5 4 2 $3,70.5 A3 Coordinate meetings with City representatives, SCRRA/Metrolink, and other agencies related to the project 5 s 4 10 $4,205 TASKS* BIB SUPPORT SERVICES $0 B1 Support the City during bidding process, and participate ofthe pre -bid meetings. 5 5 $1,505 B2 Attend bid opening and prepare bid results sheet. s 5 $1,5U5 83 Analyze bid responses, support pre -award meetings, and negotiations with selected Contractor. 5 5 $1,505 134 Check the selected contractor's references, licenses, and work experience. 4 5 $1,317 Develop a document control system that matches the requirements in Metrolink's guidelines, where all B5 files can be turned over to the agency upon closeout of the Project 4 5 $1,317 136 Prepare staff report for project awarding 4 s $1,317 B7 Direct coordination with City, SCRRA/Metrolink staff, and Project Managers 4 4 2 4 $2,374 138 Review all permits in -place and if needed, obtain additional permits for construction 4 4 2 4 $2,374 TASK C: CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES $a Schedule and chair a pre -construction meetings with the City, affected Agencies, and Contractorand C1 prepare meeting minutes 4 $ $1ss6 C2 Establish coordination and communication procedures among participants. 2 2 $602 Coordination of meetings with City representatives, contractors, SCRRA/Metrolink, and other agencies C3 related to the project. 2 2 4 4 $z 222 C4 Coordination of work activities between City contractor and SCRRA contractors 2 2 $60z C5 Assist City contractor with SCRRA/Metrolink Right -of -Entry Process. 2 2 $502 Establish and implement procedures for processing and expediting Requests for Information (RFI), Requests for Clarification (RFC), shop drawing submittals, material and equipment sample submittals, 2 2 $602 C6 contract schedule adjustments, change orders, substitutions and payment requests. I C7 Ensure compliance with all permitting requirements, agency requirements and local regulations 2 4 $828 C8 Ensure all permits and fees are in -place before advancing construction 2 4 $828 C9 Review all submittals per project specification 2 20 $2,636 C10 Coordinate site mobilization and review traffic control plan. 2 5 $941 C11 Review Contract CPM schedule and monitor updates on a weekly basis. 2 4 $s28 Document management (i.e. shop drawings, Request for Information (RFI), change order, monthly reports, progress payment, memos, meeting minutes, etc.) S 10 $2,634 C12 Evaluate all contractor claims and coordinate the resolution of conflicts in the plans and/or specifications, contractor -suggested design changes, and design changes necessitated by unforeseen field conditions. z s $941 C13 C14 Provide and maintain contract administration and full-time project inspection 2 10 $1,505 C15 Review submitted invoices by the contractor and recommend payments. 2 2D 10 $3,936 C16 Keep project records and furnishing quality reports. 2 la to $2,806 Prepare comprehensive monthly reports with construction updates; monthly reports will consist of the progress, compliance, issues with their corresponding solutions, submittal log sheets, change order log 18 4 4 $4,355 C17 report, clarification log report, testing log report, photos, etc. C18 Verify contractor protection of existing survey monuments and their restoration. 2 4 10 $2,129 C19 Verify materials and construction equipment, street restoration and site improvements. 4 to $1,752 C20 Prepare daily inspection reports and weekly statements of number of working days. 4 so $10,a52 C21 Log Compliance of Environmental documentation and BMP's. 4 10 $1,752 C22 Coordinate geotechnicaI and materials testing. 4 to $1,752 Monitor contractor's safety program and performance as required for compliance with Cal/OSHA. 2 4 $am C23 Monitor the maintenance of the Project Record Drawings during construction and the final preparation of C24 "as -built" drawings after project completion. 2 4 $746 Prepare final punch -list and verify completion of punch list items by Contractor for final acceptance by City. 2 4 10 $2,128 C25 Submit final construction management report summarizing the project history, including major problems, 2 4 10 $2,128 C26 claims and recommendations, actions taken for corrective action. Assist in project closeout and assemble all warranties, guarantees, and operation and maintenance 2 4 5 $1,478 C27 manuals. TOTAL HOURS 1zs zas 173 20 44 TOTAL COSTI $24,064 1 $23,165 1 $22,490 1 $4,500 1 $7,920 1$82,139 Attachment A - Consultant Cost Proposal Task Order Estimate - Hourly Breakdown Consultant/Subconsultant: RailPros Total Hours = 1,385 Construction Management Services for CIP 19-31 Improvements at Total Costs = $293,090.85 Task Order Title: Pacific Avenue and Bogart Avenue Traffic Signal and Rail Crossing Safety Project Contract No.: CIP 19-31 Task Order No.: 0 Amendment No.: 0 Total '..... Hours Totals RP Item WBS Cost -Code Task Description $290.00 $197:76 $215.27 71 $144.20 $247.20', $267.80 $161.71 $260.00 1 ':Task A Engineering Plan Check Services 1.1 Review Plans 4 4 i2 4 4 18, $3,874.56 1.2 Establish Communication between stakeholders 2 2 4 $526.06 1.3 'Coordinate Meetings 2 2 4' $826.06 Subtotals (Hours) = N/A 0 8 8 0 _ 0 2 4 4 26 $5,526.68 2 Task B Bid Support - 2.1 Prebid Meetings/General Bid Preparation 16 16 32 $6,608.48 2.2 Attend Pre-bid/Prepare Bid Results Sheet 10 5 15 $3,053.95 2.3 Analyze Bid Responses/Support Pre award mtgs and nego4afions 16 16 32 $6,608.48 2.4 Check Contractors references, licenses, and experiece 4 4 $791.04 2.5 Set Up Doc Control System' 0 4 4 $576.80 2.6 Prepare Staff Report for Awarding �. 2 16 18 $3,839.84 2.7 r l r in General Stakeholder d anon 4 4 I 8 $1,652.12 2.8 Review Permits 4 4 8 $1,652.12 2.9 Obtaro Outstanding Permits 4 4 8 $1,652.12 Subtotals (Hours) = N/A 0 60 65 4 0 0 0 0 129 $26,434.95 3 Task C Construction Management and Inspection Services 3.1 Schedule and Chair Pre -construction meetings 8 8 2 18 $3,592 64 3 2 Assist Contractor with Metrounk ROE Process 6 6 $1,186.56 3.3 - - - - General Project Coordination 12 0 52 - 15 - 79 $18,382.04 3.4 SCRRA Coordination 75 75 $14,832.00 3.5 Provide Full Time Project Inspection**450 _ 450 100 24 1,024, $208,274.50 3.6 General Contract Management (included in 3.5) 0 0 0: $0.00 3.7 Furnish Quality Reports (included in 3.5) 0 - 0 0: $0.00 3.8 Prepare Monthly Reports (Ir;eluded in 3 5) 0 0 0: $0.00 3.9 Prepare Final CM Report _ 16 _ 16 32 $6,608.48 3.10 Total ODCs for this task $8,253.00 0: $8,253.00 Subtotals (Hours) = N/A 12 555 526 2 15 0 108 24 1,2341 $261,129.22 1 1,385 Total (Hours) 12 623 599 6 15 2 100 28 Subtotals (Costs) = $8,253.00 $3,480.00 $11 $113,232.02 $865.20 $3,708.00 $535.60 $17,464.68 $5,200.00 1 1,3851 $293 090.85 `Rates guaranteed through the end of project " Full time inspection based on 6 month duration, 4x/week based on 7.5 month duration Totals = 1 1,68511 $293,090.85 Baldwin Park CM Cost Proposal Rev. 1 Page 1 of 1 Consultant Services Agreement Page 1 of 6 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 20 day of September, 2023 by and between the City of Baldwin Park, ("City"), and RailPros Rail Engineers ("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 at a not -to -exceed compensation amount of $293,090.85 set forth per the proposal attached to and incorporated into this Agreement as Exhibit "B". 3. TIME FOR PERFORMANCE. Consultant shall perform the services above described in a timely manner in accordance with the professional standard practices. 4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel, equipment and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. Consultant shall be free to contract for similar services to be performed for other entities while under contract with City. Consultant is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Consultant shall be responsible to pay and hold City harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder. 6. ASSIGNMENT. This Agreement is for the specific services with Consultant as set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void; except that Consultant may assign payments due under this Agreement to a financial institution. 7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform work similar to the Services provided herein. 8. COMPLIANCE WITH LAW. Contract services shall be provided in accordance with the applicable laws and regulations of all governmental agencies that are in force at the time services are performed. Consultant shall be responsible for becoming aware of and staying abreast of all such laws and ensuring that all services provided hereunder conform to 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 indemnify, and hold harmless City, its officials, officers, and employees against any and all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, and any judgment rendered against City and/or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity arising out of Consultants' negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, negligent acts or omissions of Consultant, it's agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents or employees. 10. INSURANCE. Consultant shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent Consultants' liability) with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the City. (D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. (E) Prior to commencement of services hereunder, Consultant shall provide City with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: (1) The City, and its officials, officers, agents and employees are named as additional insured (with the exception of Professional Liability and Worker's Compensation); (2) The coverage provided shall be primary (with the exception of Professional Liability and Worker's Compensation) as respects to City, its officials, officers, agents or employees; moreover, any insurance or self-insurance maintained by City or its officials, officers, 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 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 Name' Address Phone# (B) City of Baldwin Park Att.: Name 14403 East Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 ex. 460 23 NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notices shall be directed to City's Designated Representative identified in Paragraph "21" of this Agreement. Consultant Services Agreement Page 5 of 6 IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. CITY OF BALDWIN PARK By: Emmanuel J. Estrada, Mayor Dated: CONSULTANT: RailPros Rail Engineers, Inc. By: Printed Name: Title: Dated: SCOPE OF SERVICES CITY OF BALDWIN PARK REQUESTFOR PROPOSALS FOR Construction Management Services for CIP 19-31 Improvements at Pacific Avenue and Bogart Avenue Traffic Signal and Rail Crossing Safety Project Proposals Due: August 7, 2023 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION 14403 E. Pacific Avenue Baldwin Park. CA. 91706 Table of Contents 1. Introduction 1.1 Invitation for proposals 1.2 RFP Timeline 1.3 Submittal Procedures 1.4 Contact 1.5 General RFP Conditions 2. Scope of Services 2.1 City Location and Characteristics 2.2 Project Background & Description 2.3 Relevant Plans, Policies, Programs, or Projects 2.4 Scope of Services Tasks 3. Proposal Submittal Instructions 3.1 Format 3.2 Content 3.2.1 Cover Letter 3.2.2 Firm Profile 3.2.3 Organization Chart 3.2.4 Bios of Key Staff 3.2.5 Relevant Experience and References 3.2.6 Project Management Plan 3.2.7 Required Forms 3.2.8 Fee schedule 4. Evaluation and Selection 4.1 Review Process 5. Contract Expectations 5.1 Contract Period 5.2 Professional Services Agreement 5.3 Standards of Work 5.4 Invoicing and Payment 6. Sample Professional Services Agreement 7. Required Forms 7.1 Certification of Qualification 7.2 Non -Collusion Affidavit 4 4 4 4 5 6 10 10 10 11 12 14 14 14 14 14 15 15 15 16 16 16 17 17 19 19 19 19 19 20 25 25 26 7.3 Compliance with Insurance Requirements 27 7.4 Acknowledgement of Professional Services Agreement 28 7.5 Debarment and Suspension Certification 29 I . Introduction 1.1 Invitation for proposals The City of Baldwin Park is soliciting proposals from qualified firms to provide full plan check, bid support, construction management, inspection and related services for City Project CIP 19-31, Street Improvements of Pacific Avenue and Bogart Avenue Traffic Signal and Rail Crossing Safety Project. The purpose of this services contract is to provide the City of Baldwin Park with the best possible construction management, bidding support and inspection services at a level expected by the City's residents, City Council, City staff, and visitors of the community. The selected Consultant will work closely with Public Work's staff to ensure the most effective management of CIP 19-31, Street Improvements of Pacific Avenue and Bogart Avenue Traffic Signal and Rail Crossing Safety Project. It is the intent of the City to award a contract, in a form approved by the City Attorney, to the selected firm (see Section 6). The City reserves the right to further negotiate the terms and conditions of the contract. The City shall retain the right to reject any proposal for noncompliance with contract requirements and provisions, or to not award a contract because of unforeseen circumstances or if it is determined to be in the best interest of the City. This contract will be awarded based on demonstrated ability and performance providing similar services at a fair and reasonable cost. This contract may not be awarded to the company submitting the proposal with the lowest costs. 1.2 RFP Timeline RFP posted date July 13, 2023 Deadline to submit written questions July 31, 2023 Posting of responses to questions August 3, 2023 Deadline to submit Proposals August 7 2023 Interviews (if deemed necessary at the City's discretion) TBD Tentative award October, 2023 1.3 Submittal Procedures All proposals must be submitted in a sealed envelope, addressed to the City Clerk's office by the deadline: August 7, 2023, at 3:00 pm. Each sealed envelope shall contain one (1) original proposal, two (2) printed copies, one (1) copy of the fee schedule, and one (1) soft copy in PDF format of all files on a USB flash drive. The sealed envelope must be plainly marked on the outside as "Do Not Open - Fee Proposal for Construction Management Services for CIP 19-31, Street Improvements of Pacific Avenue and Bogart Avenue Traffic Signal and Rail Crossing Safety Project" with Consultant's name, address, and his/her license number. Proposals may be mailed or delivered in person and addressed as follows: City of Baldwin Park City Clerk Office 14403 E. Pacific Avenue Baldwin Park, California 91706 Faxed or e-mailed proposals will not be accepted. Late proposals will not be accepted. The consultant shall be solely responsible for its delivery to the City prior to the date and hour stated above. Any proposals received after the stated date and time due to delay in mail delivery or any other reason will not be considered by the City. Any revisions to the RFP will be issued and distributed as addenda. Upon receipt of proposals, the City may elect to "shortlist" firms. Interviews will only be conducted with the shortlist firms to obtain additional information regarding the proposal if the City determines that additional information is needed to make a selection. The City reserves the right to select a successful Consultant without conducting interviews. The City of Baldwin Park Department of Public Works hereby affirmatively ensures that minority owned business enterprises will be afforded full opportunity to submit and have considered, a proposal in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, handicap, gender, sexual preference, or religion in any consideration leading to the award of contract. The right is reserved by the City of Baldwin Park Department of Public Works to reject any or all submittals, to waive any irregularities or informalities not affected by law, to evaluate the submittals provided, to negotiate further with any and/or all consultants and to award the contract according to the offer which best serves the interests of the City. The format, content, and procedures for submitting a proposal are provided in further detail within the RFP (see Section 3). 1.4 Contact Consultants must seek clarification of any ambiguity, conflict, omission, or other error in this RFP in writing prior to submission of their proposal. If an answer materially affects the RFP, the information will be incorporated into an addendum and distributed to all Consultants. It shall be the Consultant's sole responsibility to check with the City staff to determine if any addenda have been posted prior to the proposal due date. All inquiries concerning RFP procedures, regulations and technical information must be submitted in writing by the due date shown on the proposal schedule to: RFP Contact: Romany Basilyous, Engineering Manager Email: rbasilyousL&baldwinpark.com Address: 14403 E. Pacific Avenue, Baldwin Park, CA 91706 Responses to all questions will be posted on the City website. Proposers are specifically directed not to contact any other City personnel for meetings, conferences or technical discussions related to this RFP. Failure to adhere to this policy may be grounds for rejection of proposals. 1.5 General RFP Conditions The following instructions and conditions apply to this RFP: A. Pre -Contractual Expenses The City of Baldwin Park shall not, in any event, be liable for any pre -contractual expenses incurred by any consultant. In addition, no consultant shall include any such expenses as part of the price proposed. Pre - contractual expenses are defined as expenses incurred by bidders in: • Preparing a proposal in response to this RFP. • Submitting that response to the City of Baldwin Park. o Negotiating with the City of Baldwin Park any matter related to this RFP, proposal, and/or contractual agreement. • Any other expenses incurred by the consultant prior to the date of an executed contract. B. Authority to Withdraw RFP and/or Not Award Contract The City of Baldwin Park reserves the right to withdraw this RFP at any time for any reason without prior notice. Further, the City makes no representations that any agreement will be awarded to any consultant responding to this RFP. The City expressly reserves the right to reject any and all responses to this RFP without indicating any reasons for such rejection(s). The release of this RFP does not obligate or compel the City to enter into a contract or agreement. C. Authority to Revise RFP and Request Additional Information The City reserves the rights to determine the successful respondent(s), and to reject any or all responses or their components. Should it be necessary for the City to issue addendurns to this RFP during the advertisement period, the City will post addendurns to the City website. It is the responsibility of all prospective respondents to check the City website regularly to see whether any addenda or supplemental materials have been issued. Proposal shall acknowledge that the consultant is aware of all addendurns which have been issued and has incorporated their provisions in their response. The City reserves the right, to request additional information or clarifications from consultants where it may serve the City's best interest. D. ADDITIONAL SERVICES The Scope of Work describes the minimum work to be accomplished. Upon final selection of the firm(s), the Scope of Work may be modified and refined during negotiations with the City. Any proposer that provides additional services can include those services in the proposal and list them as additional services. E. AUTHORIZED SIGNATURES Every proposal must be signed by the person or persons legally authorized to bind the consultant to a contract for the execution of the work. Upon request of the City, any agent submitting a proposal on behalf of a consultant shall provide a current power of attorney certifying the agent's authority to bind the consultant. F. AWARD OF QUALIFICATIONS City reserves the right to negotiate final terms with the selected consultant, if any. Award may be made to the consultant offering the most advantageous proposal after consideration of all criteria. G. COMPLIANCE WITH LAWS All proposal shall comply with current federal, state, and other laws relative thereto. H. CONFLICT OF INTEREST By signing the Certification of Qualifications , the consultant declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Qualifications, consultant declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom. I. DISQUALIFICATION OF PROPOSER If there is reason to believe that collusion exists among the consultants, the City may refuse to consider proposal from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same work unless alternate proposal are called for. Reasonable grounds for believing that any consultant is interested in more than one proposal for the same work will cause the rejection of all proposal for the work in which a consultant is interested. Consultants shall submit as part of their proposal documents the completed Non -Collusion Affidavit. J. EXAMINATION OF DOCUMENTS It is the responsibility of the consultant to carefully and thoroughly examine and be familiar with these RFP documents, general conditions, all forms, specifications, drawings, plans, and addendurns (if any). Consultants shall satisfy themselves as to the character, quantity, and quality of work to be performed and materials, labor, supervision necessary to perform the work as specified by these documents. The failure or neglect of the consultant to examine documents shall in no way relieve the consultant from any obligations with respect to the solicitation for and subsequent contract that may be awarded. The submission of a proposal shall constitute an acknowledgment upon which the City may rely that the consultant has thoroughly examined and is familiar with the RFP documents. The failure or neglect of a consultant to receive or examine any of the documents shall in no way relieve the consultant from any obligations with respect to the proposal. No claim will be allowed for additional compensation that is based upon a lack of knowledge of any solicitation document. K. INTERPRETATION OF RFP DOCUMENTS City reserves the right to make corrections or clarifications of the information provided in this RFP. If any person is in doubt as to the true meaning of any part of this RFP documents, or finds discrepancies or omissions in the document, the person may submit to the City a written request for an interpretation or correction. Oral statement(s), interpretations or clarifications concerning meaning or intent of the contents of this RFP by any person are unauthorized and invalid. Modifications to the RFP, including, but not limited to the scope of work, can be made only by written addendum issued by the City. Proposers shall submit all questions in writing to the contact listed in the announcement or submitted on the PlanetBids Portal. Proposers may not contact any other staff members with questions. The requesting party is responsible for prompt delivery of any requests. When the City considers interpretations necessary, interpretations will be in the form of an addendum to the RFP documents, and when issued, will be sent as promptly as is practical to all parties recorded by the City as having received RFP documents. All such addenda shall become a part of the RFP document. It is the responsibility of each consultant to ensure the City has their correct business name, mailing address and e-mail address on file through the PlanetBids online portal. Any prospective consultants who obtained a set of RFP documents from the PlanetBids online portal are responsible for checking PlanetBids to verify if any subsequent Addendums were issued. L. IRREGULARITIES City reserves the right to waive non -material irregularities if such would be in the best interest of the City as determined by the City Manager. M. NON-DISCRIMINATION Consultant represents and warrants that it does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy -related condition, political affiliation or opinion, age or medical condition. N. NON-EXCLUSIVE Should the City make an award, the successful consultant will enter into a NON-EXCLUSIVE professional services agreement and the City reserves the right to enter into agreements with other firms. O. OFFERS OF MORE THAN ONE PRICE Consultants are NOT allowed to submit more than one fee schedule. P. OWNERSHIP All data, documents and other products used or developed during the RFP process become the property of the City upon submission. All documents submitted in response to this RFP shall become the property of the City and a matter of public record pursuant to Government Code sections 6250 et seq. Proposal should not be marked as confidential or proprietary, and City may refuse to consider a proposal so marked. All information contained within the proposal will become a matter of public record. It is the responsibility of each bidder to clearly identify any and all information contained within its proposal that it considers to be confidential and/or proprietary. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public. Q. PROFESSIONAL SERVICES AGREEMENT Prior to awarding any work, the selected Consultant will be required to execute a professional services agreement (sample attached) with the City. Any proposed change to the agreement shall be identified in the response to the Request for Qualifications (RFP) and shall be subject to the sole approval of the City. The City requires the Consultant to obtain and maintain a policy of professional liability and other insurance as indicated in the agreement. R. NO PUBLIC OPENING/PUBLIC RECORDS ACT Proposal shall be opened and its contents secured by City staff to prevent disclosure during the evaluative process and the process of negotiating with competing consultants. Adequate precautions shall be taken to treat each consultant fairly and to insure that information gleaned from competing proposal is not disclosed to other Consultants. Prices and other information concerning the proposal shall not be disclosed until a recommendation for award is made to the awarding authority. S. PUBLIC RECORD All proposal submitted in response to this RFP will become the property of the City upon submittal and a matter of public record when the City selects a proposer for recommendation to the City Council for its consideration pursuant to applicable law. T. REPRESENTATIONS Consultant understands and acknowledges that the representations made in their submitted proposal are material and important, and will be relied on by the City in evaluation of the proposal . Consultant misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the proposal. U. SEVERABILITY If any provisions or portion of any provision, of this Request for Qualifications are held invalid, illegal or unenforceable, they shall be severed from the Request for Qualifications and the remaining provisions shall be valid and enforceable. V. SUBCONTRACTOR INFORMATION If the proposal includes the use of sub consultants, consultant must identify specific sub consultants and the specific requirements of this RFP for which each proposed sub consultant would perform services. All sub consultant for work services must follow all required provisions of the prime contract. W. VALIDITY Proposal must be valid for a period of 90 days from the due date. X. WITHDRAWAL OF Proposal Consultants 'authorized representative may withdraw proposal only by written request received by this RFP contact personal before the Submittal Deadline. Y. BUSINESS LICENSE The selected firm(s) must obtain a City of Baldwin Park Business license and maintain a current certificate of insurance with the City for the duration of the Professional Service Agreement. 2. Scope of Services 2.1 City Location and Characteristics The City of Baldwin Park is located within the San Gabriel Valley portion of Los Angeles County and it is commonly referred to locally as the "Hub" of San Gabriel Valley area. The City is bounded on the north by the City of Irwindale, on the south by the City of Industry, on the east by the City of West Covina, and on the west by the City of El Monte. The City limits for Baldwin Park encompass a relatively large land area, approximately 6.8 square miles. Baldwin Park is thriving, and engaged community, with some 72,000 residents and naturally draws a high number of visitors to its downtown. Governed by a five -member City Council with members elected at large, Baldwin Park operates under the council/city manager form of government as a general law city. Like the community, the Council is informed, educated, and engaged. The programs and services provided by the City are accomplished through six (6) City departments: Administration, Recreation and Community Services, Finance, Community Development, Police, and Public Works. The City of Baldwin Park Public Works Department consists of two divisions - Engineering and Maintenance. Under the guidance of the Public Works Director, it provides coordinated community enhancement, development services, engineering design and infrastructure maintenance including contract management, construction inspection and oversight. The Public Works Department also manages the City's Capital Improvement Program budget. This budget consists of projects aimed at improving the City's public infrastructure such as streets, transportation, street lights, traffic signals, public buildings, sewer and storm drains, park maintenance and facility upgrades. 2.2 Project Background & Description The City is proposing to signalize the currently stop -controlled intersection at Bogart Avenue and Pacific Avenue. The intersection is adjacent to the Pacific Avenue Highway Rail Crossing, herein referred to as the "CROSSING" and identified as USDOT No. 74728 IC and CPUC No. 101 SG- 18.71 on milepost 18.71 on the San Gabriel Subdivision. The intersection is also located to the west of the Baldwin Park Metrolink Station located at 3825 Downing Avenue. The purpose of signalizing the intersection is to clear vehicular traffic on or near the crossing during a train approach. Additionally, there has been significant interest in establishing a Quiet Zone within the City of Baldwin Park. The residents of the City, particularly those that live adjacent to the tracks, in numerous occasions, have voiced concerns about the loud sound of the train horn and have expressed a desire to eliminate the sound with the implementing a Quiet Zone. Quiet Zones are sections of the railroad corridor where train crews will not regularly sound their horns. To meet the minimum implementation requirements for a Quiet Zone, the City would need to make improvements to all highway -rail grade (public, private and pedestrian) crossings within a minimum length of one-half mile along the length of railroad right-of-way. The features of the proposed design may improve the overall travel time for trains by reducing the potential for train -automobile and train -pedestrian collisions, thereby increasing safety. It will also help with reducing delays to passenger rail traffic, freight rail traffic, and motor vehicles traveling through crossings. Projected future traffic increases will only cause the existing deficiencies to increase and create more delay or more opportunity for rail, automobile, and pedestrian accidents to occur. The planned improvements at the at -grade crossings will bring the highway -rail crossing up to current Southern California Regional Rail Authority (SCRRA) Grade Crossing Safety Standards and may include among other improvements, new raised median islands, additional warning devices with gate arms and, improved pavement, curbs, gutters and sidewalks with pedestrian warning devices such as pedestrian gate arms, emergency swing gates, channelization and other enhancements, right-of-way swing gates, signing and striping, and other roadway improvements, and advanced preemption at adjacent intersection of Pacific & Bogart. These facilities will be built to SCRRA standards with slight design deviations due to the existing site conditions and crossing geometry. The City entered into a Construction and Maintenance Agreement with SCRRA on Feb 24", 2023 for Rail Crossing Improvements at the Pacific Avenue crossing to bring the crossing to current SCRRA standards and to make the crossing Quiet Zone ready. So, the purpose of the Project is two -fold, first the project will construct signalization improvements at the currently stop -controlled intersection at Bogart Avenue and Pacific Avenue and second, improve the highway -rail at -grade crossing at Pacific Avenue. The project will construct traffic signals with interconnection and advance preemption at the intersection of Pacific Avenue & Bogart Avenue,, including constructing pedestrian safety improvements, and constructing exit gates. Currently, there are no pedestrian treatments at the crossing. The Project proposes to construct pedestrian safety improvements on the east side of the crossing, which includes the following improvements as approved in the California Public Utilities Commission (CPUC) GO-8 8B Authorization letter (File Number XREQ XREQ2021020002) dated February 10, 202 1: Six -Foot (6') wide sidewalks with detectable warning strips on both approaches Additional concrete crossing panels to accommodate the new sidewalk. One (1) CPUC Standard 9 pedestrian warning device (gate) including emergency swing gates at each sidewalk approach. Two (2) CPUC Standard 9E vehicular warning device (exit gate) in each vehicular direction Hand railings for pedestrian channelization at each sidewalk approach Pedestrian barricades on the west side of Pacific Ave for both approaches Application of California Manual on Uniform Traffic Control Devices compliant signage and pavement markings In addition to the safety enhancements proposed above, the following improvements will be made to support the safety enhancements and provide a safe and reliable crossing: Replace two (2) sets of existing concrete crossing panels with ADA compliant concrete crossing panels Ten (10) existing field -side concrete crossing panels will be replaced due to wear and tear from vehicular traffic. Modification and testing of SCRRA's signaling equipment, including but not limited to, communications, positive train control (PTC), electrical lines and appurtenances. All railroad flasher, communication, and track systems will be Positive Train Control compliant. 2.3 Relevant Plans, Policies, Programs, or Projects Proposers should review and consider the work already completed or underway in the development of approach, budget, and schedule. The following links are provided for your convenience: o CIP 20-31 Pacific/Bogart Plans • CIP 20-31 Pacific/Bogart Specification • CIP 20-31 Pacific/Bogart Agreement 2.4 Scope of Services Tasks City is seeking a consultant firm for the following services: TASK A: Engineering Plan Check Services Consultant shall assist the City of Baldwin Park's Engineering Staff with, but not be limited to, providing the following Plan Check services: • Review, comment, and update project's plans, specifications, and cost estimate. • Establish and implement coordination and communication procedures among all Project participants including utility companies. • Coordinate meetings with City representatives, SCRRA/Metrolink, and other agencies related to the project. TASK B: Bid Support Consultant shall assist the City of Baldwin Park's Engineering Staff with, but not be limited to, providing the following Bid Support services: • Support the City during bidding process, and participate of the pre -bid meetings. • Attend bid opening and prepare bid results sheet. • Analyze bid responses, support pre -award meetings, and negotiations with selected Contractor. • Check the selected contractor's references, licenses, and work experience. • Develop a document control system that matches the requirements in Metrolink's guidelines, where all files can be turned over to the agency upon closeout of the Project. • Prepare staff report for project awarding. • Direct coordination with City, SCRRA/Metrolink staff, and Project Managers. • Review all permits in -place and if needed, obtain additional permits for construction. TASK C: Construction Management and Inspection Services Consultant shall assist the City of Baldwin Park's Engineering Staff with, but not be limited to, providing the following Construction Management, Contract Administration, and Inspection services: • Schedule and chair a pre -construction meetings with the City, affected Agencies, and Contractor and prepare meeting minutes. • Establish coordination and communication procedures among participants. • Coordination of meetings with City representatives, contractors, SCRRA/Metrolink, and other agencies related to the project. • Coordination of work activities between City contractor and SCRRA contractors. • Assist City contractor with SCRRA/Metrolink Right -of -Entry Process. • Establish and implement procedures for processing and expediting Requests for Information (RFI), Requests for Clarification (RFC), shop drawing submittals, material and equipment sample submittals, contract schedule adjustments, change orders, substitutions and payment requests. • Ensure compliance with all permitting requirements, agency requirements and local regulations. • Ensure all permits and fees are in -place before advancing construction. • Review all submittals per project specification. • Coordinate site mobilization and review traffic control plan. • Review Contract CPM schedule and monitor updates on a weekly basis. • Document management (i.e. shop drawings, Request for Information (RFI), change order, monthly reports, progress payment, memos, meeting minutes, etc.) • Evaluate all contractor claims and coordinate the resolution of conflicts in the plans and/or specifications, contractor -suggested design changes, and design changes necessitated by unforeseen field conditions. • Provide and maintain contract administration and full-time project inspection. • Review submitted invoices by the contractor and recommend payments. • Keep project records and furnishing quality reports. • Prepare comprehensive monthly reports with construction updates; monthly reports will consist of the progress, compliance, issues with their corresponding solutions, submittal log sheets, change order log report, clarification log report, testing log report, photos, etc. • Verify contractor protection of existing survey monuments and their restoration. • Verify materials and construction equipment, street restoration and site improvements. • Prepare daily inspection reports and weekly statements of number of working days. • Log Compliance of Environmental documentation and BMP's. • Coordinate geotechnical and materials testing. • Monitor contractor's safety program and performance as required for compliance with Cal/OSHA. • Monitor the maintenance of the Project Record Drawings during construction and the final preparation of "as -built" drawings after project completion. • Prepare final punch -list and verify completion of punch list items by Contractor for final acceptance by City. • Submit final construction management report summarizing the project history, including major problems, claims and recommendations, actions taken for corrective action. • Assist in project closeout and assemble all warranties, guarantees, and operation and maintenance manuals. 3. Proposal Submittal Instructions 3.1 Format All proposals must be submitted in a sealed envelope, addressed to the City Clerk's office. Each sealed envelope shall contain one (1) original proposal, two (2) printed copies, one (1) copy of the fee schedule, and one (1) soft copy in PDF format of both files on a USB flash drive. The sealed envelope must be plainly marked on the outside as "Do Not Open - Fee Proposal for Construction Management Services for CIP 19- 31, Street Improvements of Pacific Avenue and Bogart Avenue Traffic Signal and Rail Crossing Safety Project" with Consultant's name, address, and his/her license number. 3.2 Content All proposals must be concise, but with sufficient detail to allow accurate evaluation and comparative analysis. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. All proposals should include the sections as described in greater detail below. Do not include marketing brochures or other promotional material not connected with this RFP. 3.2.1 Cover Letter All proposals must be accompanied by a short cover letter, signed by an individual authorized to bind the proposing entity to all commitments made in the submittal. An unsigned proposal is grounds for rejection. The cover letter should include: • Brief introduction of the firm (or team of firms); • Contact information for the person authorized to enter into an agreement with the City; • Contact information for the contract manager that will serve as the day-to-day contact with the City. For this proposal, the City will expect a dedicated point person to manage all task orders; serve as the conduit of information between any task -specific project managers and sub -consultants; and ensure overall quality and responsiveness. • Concise statement of understanding of the scope of work; and • Acknowledgement of receipt of any addendums that were issued for this RFP. 3.2.2 Firm Profile Proposers should provide a brief profile of the prime consultant and any sub -consultants. Information should include, but is not limited to the following information: • Official name, address, email, and telephone number of the consultant's primary point of contact. • Type of business entity of consultant (corporation, company, joint venture, etc.). Please enclose a copy of the Joint Venture Agreement if entity is a joint venture. • Federal Employer I.D. Number. • Indication whether firm is totally or partially owned by another business organization (parent company) or individual. • Number of years consultant has been in business under the present business name. • Number of years of experience the consultant has had in providing required, equivalent, or related services. • Any failures or refusals to complete a contract, and explanation. 3.2.3 Organization Chart Proposer shall include an organizational chart that reflects titles of key staff assigned to provide services under this proposal for the prime consultant and all sub consultants. The organizational chart should clearly identify names, titles, and professional licenses/certifications. It is the City s requirement to have the key personnel identified in the Organizational Chart remain with the individual project during its duration. After contract execution the Consultant should not substitute key personnel (contract manager and others listed by name in the proposal) or sub -consultants without prior written approval by the City. 3.2.4 Bios of Key Staff Proposer shall include bios of key staff identified in the organizational chart for the prime consultant and all sub consultants. The bios should indicate key relevant experience on similar projects, their areas of expertise, degrees, and any relevant professional licenses and certifications. 3.2.5 Relevant Experience and References Proposers shall highlight their experience providing similar services for other municipal clients. References for at least three (3) similar projects within the last five (5) years is required. Please include the following information, at a minimum for other similar projects: Name of contracting agency and department • Description of project or services provided • Year started and completed (if relevant) • Key Personnel Assigned • Name, email, and phone number for agency project manager • Contract Value 3.2.6 Project Management Plan In this section, proposers should detail their approach for this project, ensuring clear communication between the Consultant's Contract Manager and the City, and oversight of task orders to ensure schedule and budget adherence and quality assurance/quality control. 3.2.7 Required Forms Consultant shall review, acknowledge and submit the following forms: • Certification of Qualifications. Consultant is required to sign and submit the Certification of Qualifications including acknowledgement that they have received and considered any addendums issued by the City of Baldwin Park in connection with this RFP. (See section 7.1) • Non -Collusion Affidavit. Consultant is required to sign and submit the NonCollusion Affidavit. (See section 7.2) • Compliance with Insurance Requirements. Consultant shall demonstrate the willingness and ability to submit proof of the required insurance coverage as set forth in the Sample Professional Services Agreement. (See section 7.3) • Acknowledgement of Professional Services Agreement. Consultant shall demonstrate willingness and ability to comply with the City's Sample Professional Services Agreement and/or indicate any exceptions to the Professional Services Agreement. (See section 7.4) 3.2.8 Fee schedule Fee schedule shall be submitted as a separate file, labeled "Fee Schedule" and indicate the firm's name. The fee schedule shall detail hourly rates for key staff members (including their names, titles, and licenses) and other team member categories for various other services offered by the Consultant, and sub -consultants as appropriate. Proposer must also state if rates are guaranteed for the term of the agreement or will be subject to future rate increases. Any proposed requests to change the adopted rates annually shall not exceed the relevant Consumer Price Index for the preceding 12-month period. Fee schedule shall detail any other direct costs, intended to be charged to the City (e.g., travel, equipment, printing/materials). No mark ups will be allowed for direct or miscellaneous costs and sub -consultant work, however, an appropriate number of hours for sub -consultant oversight will be allowed. 4. Evaluation and Selection 4.1 Review Process The City will evaluate all proposals received in accordance with the evaluation criteria. The City shall not be obligated to accept the lowest fee schedule, but the City may make award(s) in the best interests of the City after all factors are considered, including, but not limited to, the demonstrated competence, experience and professional qualifications of the Proposer. Evaluation scores will not be released until after award, if one is made. Following the review of RFPs by the City's team, the City may, if it chooses to do so, invite short-listed consultants to be interviewed by a panel of City staff, which may include non -city personnel at the City's discretion. Discussions may, at the City's option, be conducted with the most qualified Proposer(s). Discussions may be for the purpose of clarification to assure full understanding of, and responsiveness to the solicitation requirements. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and written revision of proposals. In conducting discussions, the City will not disclose information derived from proposals submitted by competing Proposers. The City will verify references of short-listed consultants, which may include persons not listed as references, and this will help inform the City's decisions. The City will select a consultant to negotiate for the performance of work. In negotiating the contract the City may request modifications to the proposed scope or to the technical team or other elements of the proposals. If negotiations fail, the City will commence negotiations with the next qualified candidate. Work will promptly commence following contract award and satisfaction of contract requirements. 4.2 Evaluation Criteria All proposals will be evaluated on the basis of their response to all provisions of this RFP. The City of Baldwin Park will use the following criteria in its evaluation of the proposals, interviews may be required with selected consultants, or verification of references. The categories will be weighted approximately as follows. Approach and Methods (40%): • Demonstration of the team's ability to be responsive to the City's needs and provide a high level of customer service. • Evidence of the team's ability to successfully deliver project tasks and deliverables, within the identified project budget and minimize cost overruns. • Evidence of the team's ability to work collaboratively with other members of a multi -disciplinary team in a complex and dynamic working environment. • Demonstration of the team's commitment to accurate and superior work products and services as detailed in the project management plan. • Incorporation of innovative and/or creative approaches for providing the services that will maximize efficient, cost-effective operations or increased performance capabilities. Relevant Experience & Expertise (40%): • The consultant team's ability to dedicate a strong contract manager, knowledge with the needs of a Public Works Department, that will serve as a single point of contact for the duration of the project. • Recent experience providing similar services for other jurisdictions. • Recent experience providing similar services for at -grade highway railroad crossing including advanced preemption on Class I or Commuter Rail. • Familiarity and experience with applicable industry standards and any relevant federal, state, or local requirements, including SCRRA standards. • The depth and appropriateness of experience of individual members of the technical team as they relate to the specific technical tasks called for by the project. • The team's experience and ability to clearly communicate technical concepts and terminology with the community. Administration (20%): • Billing rates and ability to comply with billing requirements. • The extent and nature of any proposed amendments to the City's Professional Services Agreement. 5. Contract Expectations 5.1 Contract Period The City anticipates the contract term would begin in October 2023. 5.2 Professional Services Agreement The selected consultant will be expected to comply with and sign the City's Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 6.1. The City Attorney or their designee retains the discretion to accept or reject proposed exceptions or modifications to the City's Professional Services Agreement. 5.3 Standards of Work in case of conflicts, ambiguities, discrepancies, errors, or omissions, Consultant shall submit the matter to City for clarification. Any work affected by such conflicts, ambiguities, discrepancies, errors or omissions which is performed by Consultant prior to clarification by City shall be at Consultant's risk and expense. 5.4 Invoicing and Payment Each invoice shall contain a progress report describing the work completed during the billing period and shall also include cost information by task regarding: previous work billed to date, work billed during the reporting period, percent of task completed and amount remaining by task. Invoices are to be submitted monthly. The invoices shall reference the project title, and list charges by task, worker classification, hours, billing rate, and totals. Each invoice shall contain a progress report describing the work completed during the billing period and the following summary information: . . . . . ...... W T a E ut� I �ont on, er effimnin' "et "M .. ciao . . .. ... B�lt eiiod' . . . . . . . . . . . ..... ...... ........ bit e TO, itie',conuac ... .... . . .... 6. Sample Professional Services Agreement CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this XX day of Month, Year by and between the City of Baldwin Park, ("City"), and Consultant Name ("Consultant"). In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows: l . 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 at a not -to -exceed compensation amount of 3. TIME FOR PERFORMANCE. Consultant shall perform the services above described in a timely manner in accordance with the professional standard practices. 4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel, equipment and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. Consultant shall be free to contract for similar services to be performed for other entities while under contract with City. Consultant is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Consultant shall be responsible to pay and hold City harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder. 6. ASSIGNMENT. This Agreement is for the specific services with Consultant as set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void; except that Consultant may assign payments due under this Agreement to a financial institution. 7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform work similar to the Services provided herein. 8. COMPLIANCE WITH LAW. Contract services shall be provided in accordance with the applicable laws and regulations of all governmental agencies that are in force at the time services are performed. Consultant shall be responsible for becoming aware of and staying abreast of all such laws and ensuring that all services provided hereunder conform to such laws. The terms of this Agreement shall be interpreted according to the laws of the State of California. 9. LIABILITY. Consultant shall indemnify, and hold harmless City, its officials, officers, and employees against any and all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, and any judgment rendered against City and/or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity arising out of Consultants' negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, negligent acts or omissions of Consultant, it's agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents or employees. 10. INSURANCE. Consultant shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent Consultants' liability) with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the City. (D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. (E) Prior to commencement of services hereunder, Consultant shall provide City with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: (1) The City, and its officials, officers, agents and employees are named as additional insured (with the exception of Professional Liability and Worker's Compensation); (2) The coverage provided shall be primary (with the exception of Professional Liability and Worker's Compensation) as respects to City, its officials, officers, agents or employees; moreover, any insurance or self-insurance maintained by City or its officials, officers, 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 and including the date of termination of this Agreement, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant shall be entitled to payment for work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit `B" attached hereto. Such payment will be subject to City's receipt of a close-out billing. 18. LITIGATION FEES. Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including reasonable attorney's fees, to the prevailing party. In awarding attorney's fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and attorney's fees paid and/or incurred in good faith. "Prevailing Party" shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the Superior Court of Los Angeles County. This paragraph shall not apply and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties' mutual settlement, arbitration, or mediation of the dispute. 19. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition. 20. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement between the City and Consultant. No verbal agreement or implied covenant shall be held to vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns. 21. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties. 22. DESIGNATED REPRESENTATIVES. The Consultant Representative (A) designated below shall be responsible for job performance, negotiations, contractual matters, and coordination with the City. The City Representative (B) designated below shall act on the City's behalf as Project Manager. (A) CONSULTANT Name Address Phone# (B) City of Baldwin Park Art.: Name 14403 East Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 ex. 460 23 NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notices shall be directed to City's Designated Representative identified in Paragraph "2 1 " of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. CITY OF BALDWIN PARK -0 I Mayor Dated: CONSULTANT: Name -0 Printed Name: Title: Dated: 7. Required Forms 7.1 Certification of Qualification RFP #: The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposals (RFP). 1. Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposals, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom. 2. By submitting the response to this request, Proposer agrees, if selected to furnish services to the City in accordance with this RFP. 3. Proposer has carefully reviewed this proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them. 4. It is understood and agreed that the City reserves the right to accept or reject any or all Proposals and to waive any informality or irregularity in any proposal received by the City. 5. The proposal response includes all of the commentary, figures and data required by the Request for Proposals. 6. The proposal shall be valid for 90 days from the date of submittal. 7. Proposer acknowledges that the City may issue addendurns related to this RFP and that the proposer has reviewed the following addendurns which have been issued: Addendum: Addendum: Addendum: Addendum: 8. Proposer further acknowledges the provisions of any addendums issued have been incorporated into their proposal. Signature of Authorized Representative: Printed Name and Title: Page 25 7.2 Non -Collusion Affidavit RFP #: The undersigned declares states and certifies that: City of Baldwin Park 1. This proposal is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation. 2. This proposal is genuine and not collusive or sham. 3. 1 have not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in a sham proposal or to refrain from submitting to this RFP. 4. 1 have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the fee schedule price or to fix any overhead, profit or cost element of the fee schedule price or to secure any advantage against the City of Baldwin Park or of anyone interested in the proposed contract. 5. All statements contained in the proposal and related documents are true. 6. 1 have not directly or indirectly submitted the fee schedule price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof, to effectuate a collusive or sham proposal. 7. 1 have not entered into any arrangement or agreement with any City of Baldwin Park public officer in connection with this proposal. 8. 1 understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. Signature of Authorized Representative: Printed Name and Title: Page 26 7.3 Compliance with Insurance Requirements RFP #: The selected consultant will be expected to comply with the City's insurance requirements contained within this RFP. The undersigned declares states and certifies that: I. Proposer agrees, acknowledges and is fully aware of the insurance requirements as specified in the Request for Qualifications. 2. If selected, proposer agrees to accept all conditions and requirements as contained therein. Signature of Authorized Representative: Printed Name and Title: Page 27 7.4 Acknowledgement of Professional Services Agreement RFP #: City of Baldwin Park The selected consultant will be expected to comply with and sign the City's Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 6.2. The City Attorney or their designee retains the discretion to accept or reject proposed exceptions or modifications to the City s Professional Services Agreement. 1. Proposer agrees, acknowledges and is fully aware of the conditions specified in the City's Sample Professional Services Agreement. 2. Proposer agrees to accept all conditions and requirements as contained therein with exceptions noted as follows: Signature of Authorized Representative: Printed Name and Title: Page 28 7.5 Debarment and Suspension Certification This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part V11 of the May 26, 1988 Federal Register (pages 19160-19211). Copies of the regulations are available from local offices of the U.S. Small Business Administration. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON THE SECOND PAGE) (1) The prospective consultant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. (e) Have been registered and have an active status on sam•gov (2) Where the prospective consultant is unable to certify to any of the statements in this certification, such prospective consultant shall attach an explanation to this proposal. Business Name Date By Name and Title of Authorized Representative Signature of Authorized Representative Page 29 INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If is is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations (13 CFR Part 145). 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may, but is not required to, check the Non -procurement Li st. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Page 30 r IRVINE OFFICE 250 COMMERCE, SUITE 200 IRVINE, CA 92602 www.railpros.com A t I OF CONTENTS SECTION 1 . Cover Letter 2. Firm Profile 3. Organization Chart 4. Blos of Key Staff 5. Relevant Experience and References 6. Project Management Plan 7. Required Forms 8. Fee Schedule (included in a separate, sealed envelope) IJ fr� owl : MT Cover Letter Rail isn't a part of our business, it IS our business I COVER LETTER August 7, 2023 City of Baldwin Park City Clerk's Office 14403 Pacific Avenue Baldwin Park, CA 91706 Subject: Construction Management Services for CIP 19-31 Improvements at Pacific Avenue and Bogart Avenue Traffic Signal and Rail Crossing Safety Project Dear Members of the Selection Committee, The City of Baldwin Park's (City) Improvements at Pacific Avenue and Bogart Avenue Traffic Signal and Rail Crossing Safety Project (CIP 19-31) will signalize the existing stop -controlled intersection at Pacific Avenue and Bogart Avenue. The existing grade crossing at Pacific Avenue will be modernized to current SCRRA standards and signalization of this intersection will increase safety by allowing queued cars on the tracks to clear the intersection prior to trains passing through the crossing. MEET THE RAILPROS TEAM RailPros has formed a team with extensive rail CM and inspection experience. This experience provides understanding of typical challenges that exist in rail CM, along with opportunities where our team can provide creative solutions for various complexities that arise. RailPros has a long history of experience in all rail modes, including commuter railroads such as SCRRA/Metrolink, LOSSAN Rail Corridor Agency, SBCTA, and NCTD; light rail; DMUs; and Class I freight railroads such as UPRR and BNSF. Rointin ading the RailProsteam is Phil Hodges, Contract anager/Construction anager® Phil will serve as the daily point of contact with City staff and has % availability for the project duration. g t he RailPros team to provide Traffic Signal Inspection is Global Signals Group, Inc. (Global). Global is a California licensed C-10 (Electrical) contractor formed by a team of dedicated Railroad Signal and Communications Engineers Traffic Signal Inspector Randall Bird brings his extensive traffic signal preemption experience to the team. ESTABLISHED EXPERIENCE Setting the RailPros team apart is our previous work on this project; Phil led this same team as Project Manager for the City's 100% Plan Review and Construction & Maintenance Agreement review. Phil will leverage this knowledge and provide a truly seamless transition into the construction phase. We have a unique understanding of project issues and constraints and how to protect the City's interests while delivering a successful project. In addition, the team's extensive experience with SCR A/ etrolink asOn-Call Construction Management consultant and recent design and construction management for the City of ceansie's Quiet Zone/Grade Crossing Safety Improvements adds an extra layer of efficiency that is hard to find. We are excited to continue our relationship with City staff to provide successful project delivery of the Pacific Avenue and Bogart Avenue safety improvement project. Sincerely, RailPros Phil odges Project Manager Contract Manager/Construction Manager -0 Nathan Ortega, PE Vice President of Engineering - West Region M;RAILPROS PAGE 1 4 i m Pr fh1 I -,A- NJ:srrw:�-r.� Rail isn't a part of our business, it /S our business ""I"' �f���� PROFILE �� n |n�o�/ RailPnzs is oprivately-owned California corporation established in 2000to provide professional engineering services to rail transit public agencies and {]�su 1 freight rail com i throughout � i � �i i� With o� i Southern panesthe nationwide. �� four offices n ern California, our 200+ locally -based professionals of services that support the design and construction of complex rail projects on active rail corridors. Roi1Pros has a long history of experience in all nail modes including commuter railroads, including 3CRRA/Metrolink, L{}SSAN Rail Corridor Agency, SBCl7\. and NCTD; light rail; OMUs,and Class | freight railroads such asUPRRand B[4SF RailPros has formed a team with extensive rail CIA and inspection experience, This experience provides understanding of typical challenges that exist in nail CM, along with opportunities where ourteam can provide creative solutions for the various complexities that arise. Rai|Pnos offers complete CM services for railway projects. We work extensively with railroad staff, contractors, and third -party agencies to coordinate, manage, and deliver construction projects located on or around a railroad. Our CM services include providing construction managers, resident engineers, office engineers, schedulers, inspectors, rail -safety officers, and administrative staff with a keen understanding of each phase o[rail construction. RailPnuu' Construction Managers have a dedicated emphasis on establishing and monitoring schedules and budgets, while developing creative solutions to project challenges. This allows our team to be responsive, flexible, and efficient; while keeping your goals and interests asour top priority. Grade Crossing Construction.RailFros brings anextensive list of locally -based leaders in grade crossings and signal systems who will leverage existing relationships with several of the Chv's major project stakeholders to *«n*dha criticalproject decisions. The team understands the intricacies of conutructingrail, signal, and roadway improvements within an operating railroad environment. Safety Management. At RailPros, safety is the most important objective of any project we oversee. In fact, the primary service vve provide is On Track Safety({}T3) services to railroads nationwide, and we currently hold contracts with every Class 1 railroad. Our ability to oversee safety -sensitive activities across so many different railroads is founded on our internal safety and training programs - in addition to our strategic hiring. Over one-third o[our employees are former railroad employees who bring their valuable knowledge of working in an operating railroad environment. Joining the RailPnos team to provide Traffic Signal Inspection is Global Signals Group, Inc. Global is a California licensed C-10 (Electrical) contractor formed by a team of dedicated Railroad Signal and Communications Engineers whose experience iutruly global. They are experienced in the engineering and delivery of rail signal projects on commuter and freight properties, as well as light rail/tranuit(rnotro) systems. Global has expertise in all aspects ofrail crossing and signal projects, and is well -versed in developing both electrified ({)CS and third rail) and non -electrified systems worldwide. Organ "I'lizatillion Chart Rail isn't a part of our business, it IS our business ORGANIZATION T Engaged with the City since the design of Pacific Avenue and Bogart Avenue project reached the 90% milestone, RailPros provided constructability review comments, giving our team unparalleled knowledge of the design intent. In addition, our team provided review and comments on the SCRRA/Metrolink C&M agreement, allowing the City to negotiate on the final terms of the agreement. This team has an in-depth understanding of the project and all project stakeholders. Phil Hodges will serve as dedicated Contract Manager/Construction Manager - he is committed as the daily point of contact and has 75% availability for the duration of this project. Larry Shave Principal -in -Charge Contract Manager/Construction Manager Resident Engineer/ Global Signals As -Deeded Inspector Inspector Traffic Signal Inspector Key Staff Bios are located in Section 4 ILPROS PAGE 3 �,ailos of Key Staff ;1" Rail isn't a part of our business, it l5 our business 4" BIOS OF KEY STAFF -4-111WITf •,, BS, Civil and Environmental Engineering, University of Alabama Member, Chi Epsilon Civil Engineering Honor Society Member, Associated Builder and Contractors SUMMARY OF QUALIFICATIONS Phil is a highly -qualified railroad professional with over 15 years of experience. He has demonstrated his ability to manage capital projects across all modes, including locomotive and fleet overhauls, signal systems, communication systems, and track structures. He has assisted in planning, coordinating, prioritizing, and executing capital projects from inception to completion, as well as coordinating and planning new project start-ups and mobilization. He has extensive experience in the field, monitoring capital projects during construction and performing numerous inspections of civil and track work for adherence to contract documents and industry standards. He was also responsible for developing engineering estimates for proposed capital projects, coordinating work between multiple government agencies and contractors, and managing rail asset inventory including track infrastructure, bridges, culverts, and signal systems. Phil has analyzed rail wear trends and patterns to forecast maintenance work over the life of the project. "Because / served as Project Phil is an experienced technical writer responsible for multiple rail plans including Manager for the PS&E Review and �. Agreement Review testing procedures, CWR plans, capital plans, engineering instructions, and for this Project - with the fleet management. He's a subject matter expert on track geometry, velocity same team presented here - i calculations, report analysis, and design engineering, and is also experienced am confident that RaitPr°os is in Primavera, AutoCAD, MicroStation, Trimble Business Center, and Trimble the meat team to to deliver Pathfinder Office. the project knowledgeably and efficiently." PRQJECT EXPERIENCE 100% PSBE Document Review/Construction & Maintenance (C&M) Agreement Review for Pacific Avenue and Bogart Avenue Traffic Signal and Rail Crossing Safety. City of Baldwin Park, CA Phil served as Project Manager for review of the 100% PS&E documents and C&M Agreement for the Street Improvements at Pacific Avenue and Bogart Avenue Traffic Signal and Rail Crossing Safety Project. This project is part of the City's Pacific Avenue Corridor Project, which will accommodate complete streets and green street components. The street segment will tie into the proposed improvements for the Bogart Avenue Quiet Zone Project and the recent downtown improvements on Ramona Boulevard. Improvements include reconstruction of portions of the street structural section including sub -surface preparation; subgrade and constructing aggregate base and asphalt concrete (AC) pavement sections; and construction of sidewalk, accessible pedestrian ramps, and major curb/gutter repairs. The project will also include traffic improvements such as a new high -visibility crosswalk and a new traffic signal or hawk system installation for pedestrian crossings. M' 1LPROS PAGE 4 PHIL HODGES (cont'd) Quiet Zone/Grade Crossing Safety Improvements, City of Oceanside, Oceanside, CA Phil provided construction oversight, quality control, and coordination signalization for the Mission Avenue/Myers Street Intersection, part of seven multi -track at -grade crossings involving $6 million in improvements including sidewalk modifications; pedestrian channelization and gates; median extensions; roadway modifications; driveway relocations, interconnected Queue -Cutter traffic signals, railroad signal warning device relocations, replacements and system modifications; and other safety measures for a quiet zone. The project involved several railroad operators (Coaster, Amtrak, SCRRA/Metrolink, and BNSF) as well as coordination with multiple stakeholders. SCRRA/Metrolink State of Good Repair - Orange Sub Rait Replacements, SCRRA/Metrolink, Orange County, CA As a Construction Manager on the RailPros SCRRA State of Good Repair (SOGR) team, Phil provided oversight on multiple key SOGR projects on the Orange Subdivision. He worked with the contractor and the inspection team to make sure projects were delivered per contract and in compliance with all applicable standards and regulations with minimal impacts to rail operations. These projects involved the upgrade of 115# rail to 136# rail on wood and concrete ties, and the installation on new fasteners, and insulated joint replacement. While on site, Phil has monitored for strict compliance with SCRRA/Metrolink's CWR requirements and Track and Engineering Standards. San Onofre to Putgas 2 Constructability Review, SANDAL. Camp Pendleton, CA RailPros was selected by SANDAG to perform a constructability review for the San Onofre to Pulgas 2 Project 100% PS&E plan set. During this review, a conceptual construction schedule was developed, and several items were identified for SANDAG consideration, including utility conflicts, material procurement, and construction phasing. As a result, SANDAG elected to redesign aspects of the project including bridge pile design and utility relocations. Bridge abutment foundations were redesigned to avoid conflicts with certain utilities. The SDG&E relocation was redesigned to go underground to improve project efficiency related to the phasing of pile installation. SANDAG also elected to engage a JOC contractor to perform utility relocations prior to the start of construction, reducing the chance of delays related to third party utilities. On -Call Architecture and Engineering Services/LOSSAN Corridor Program Management, SANDAG, San Diego, CA Phil is providing support for this $2 billion, 60-mile long, Capacity Enhancing LOSSAN Corridor Program. He has been an invaluable resource when it comes to field and track operations. Phil provides engineering review and quality control for LOSSAN corridor double track projects, including Batiquitos Lagoon, Eastbrook to Shell, and Del Mar Bluffs Phases IV, V, and VI. His review support includes overall quality control of the civil, grading, and drainage portion of the plans including constructability; plan consistency; error detection; and value engineering. The scope of services for this Program includes risk management; technical design reviews; grant funding support; program status reporting; cost estimating; program scheduling; document control; general program assistance to the SANDAG Team; and maintaining the LOSSAN engineering standard drawings and project management and design procedures manuals and design criteria. Prior to joining RailPros, Phil managed the track maintenance program which encompassed the entire SANDAG LOSSAN corridor. North Spring Street Pedestrian Improvements, MTS, San Diego, CA RailPros was recently selected by MTS to perform Construction Management and Field Inspection services for this $1 million City of La Mesa project that will provide improved pedestrian and bicycle access, completing system gaps in the pedestrian network. MTS requested that RailPros provide these services as added scope to our existing as -needed Right of Way Support Services contract because the crossing involves working inside of MTS right of way, adjacent to and within the track limits. On -Call Civil Engineering, NCTD, San Diego, CA Phil served as Project Manager for the Loma Alta Creek Condition Assessment and Permitting Task Order to document existing conditions of Loma Alta Creek adjacent to the Escondido Subdivision SPRINTER track in the City of Oceanside. He also provided quality review for the Bus Island Relocation at the Oceanside Transit Center (OTC) Preliminary Study Report for the relocation of a existing bus transfer station at the OTC. CivilPros provides public works engineering; public works facilities and structures design; preliminary engineering; alternative analysis; feasibility studies; utilities, drainage and grading, and plan checking for this contract. M' AILPROS PAGE 5 EDUCATION BS, Environmental Sciences, California Polytechnic State University, San Luis Obispo AFFILIATIONSPROFESSIONAL Board Member, Construction Management Association of America, San Diego Chapter Larry will be responsible for confirming that adequate staff are available to complete all tasks on time and within budget; planning upcoming work and coordinating issues with the City; providing timely direction to the Construction Manager; soliciting a consistent performance evaluation feed back loop; and taking necessary actions to confirm the City s complete satisfaction, � WMA A knVANnomwi SUMMARY OF QUALIFICATIONS Larry has over 35 years of experience in the transportation industry. He possesses broad experience in principal management; project team leadership; strategic planning; construction management and inspection; construction plans and documentation development; constructability review and quality assurance; environmental investigations; and business development. He has worked with municipalities; regional and federal government agencies; water; sanitation and utility districts; special jurisdictions; and private developers and corporations. Larry excels in building and managing complex teams to effectively address client needs and meet project expectations. He is adept at review and delivery of project performance metrics, including milestone deliverables, schedule, and budget, and he possesses excellent process management, implementation, and client management abilities. Larry also served as a Senior Vice President of a successful civil engineering firm. In that role, built a construction management practice and led teams on numerous significant public works improvement construction projects. Larry has recent experience working with SANDAG LOSSAN Corridor Management Team, MTS Capital Projects Team, and NCTD Engineering Department. As a San Diego resident for 28 years, Larry is very familiar with local stakeholders and the transportation industry. l!?., ljlt4*r�4!0 .,I4kiI+oI 100% PS$E Document Review/Construction & Maintenance (C&M) Agreement Review for Pacific Avenue and Bogart Avenue Traffic Signal and Rail Crossing Safety, City of Baldwin Park, CA Larry served as Principal -in -Charge for the 100% PS&E documents and the C&M Agreement for the Street Improvements at Pacific Avenue and Bogart Avenue Traffic Signal and Rail Crossing Safety Project. This project is part of the City's Pacific Avenue Corridor Project, which will accommodate complete streets and green street components. The street segment will tie into the proposed improvements for the Bogart Avenue Quiet Zone Project and the recent downtown improvements on Ramona Boulevard. Improvements include reconstruction of portions of the street structural section including sub -surface preparation; subgrade and constructing aggregate base and asphalt concrete (AC) pavement sections; and construction of sidewalk, accessible pedestrian ramps, and major curb/gutter repairs. The project will also include traffic improvements such as a new high -visibility crosswalk and a new traffic signal or hawk system installation for pedestrian crossings. On -Call Construction Management (Rail), NCTD, Oceanside, CA Larry, while with another firm, served as Contract Manager on two consecutive contracts from 2016-2019 and 2019-2020 to provide construction management/inspection teams for a variety of NCTD rail projects for various operational and capital improvements within the District's service area. During these contract periods, Larry developed responses to a number of task order requests - one project task order awarded to Larry's team was the M' ILPROS PAGE 6 LARRY SHAW (cont'd) Solana Beach Station Slope Stabilization. The scope included restoring badly eroded slopes on the NCTD railroad ROW above the tracks and passenger platforms at the Solana Beach Station. The project involved removal of existing vegetation, restoration of eroded soils, installation of geostabilization mat, securing the mat with drilled -in soil anchors, and landscaping for long-term slope stabilization, all performed on an active operating railroad. Included in the project scope was the installation of 800 feet of PVC 18-inch storm drain pipe adjacent to the transit center parking lot. The work was performed in accordance with NCTD railroad, American Railway Engineering and Maintenance -of- Way Association (AREMA) and Greenbook standards. Larry's team completed the CM scope of work 15% under budget. Construction Management & Inspection, Park Boulevard At -Grade Crossing, Civic San Diego, San Diego, CA Larry, while with another firm, served as Project Manager for the Park Boulevard At -Grade Crossing (PBAGC) that will complete the Park -to -Bay connection that is greatly anticipated by the City of San Diego, Petco Park and the Padres, and residents and businesses in the vicinity of the intersection of Park Blvd and Harbor Drive. Due to the number of stakeholders - NCTD, MTS, BNSF, Padres/Petco PARK, San Diego & Imperial Valley Railroad [SDIV], City of San Diego, and the Port of San Diego - involved and the timing/sequencing required to keep the various stakeholders operational during construction, the PBAGC is divided into three phases: • Phase 1 - Padres/Petco Tony Gwynn Way Modifications • Phase 2 - BNSF Third Track Addition • Phase 3 - MTS Infrastructure R&R/Track Right- of -Way (ROW) Modifications On -Call Architecture and Engineering Services/LOSSAN Corridor Program Management, SANDAL, San Diego, CA Larry serves as the Principal in Charge for the nearly $2 billion, 60-mile long, 70% Capacity Enhancing LOSSAN Corridor program. The current program objective is to increase capacity in the corridor by 95% by 2035. Larry oversees the operation, which includes coordinating with SANDAG Project Managers to bring projects from concept through design, construction, and close-out. We help SANDAG develop corridor -wide solutions, tracking, and applying lessons learned on previous projects for future projects through peer review and revision to standard plans and criteria. He provides quality reviews and assists with peers reviews, regularly engages SANDAG leadership in performance/satisfaction meetings, and monitors required resource allocations to provide seamless levels of service. RailPros is involved in preparing a corridor - wide Primavera schedule to identify and assist with obtaining grants and funding needs, stakeholder coordination/review, and critical path items for design and permitting. We also perform budget tracking and management, preliminary project reports on new projects, and project estimating. RailPros consults and coordinates with design consultants and assists with environmental permitting and clearances. This contract currently consists of two Task Orders; one for four SB1-funded design projects and the other encompasses all 13 active projects, capital improvement projects, and project study reports for funding of up to eight future projects. Program Management Consultant Services, LOSSAN Rail Corridor Agency, Southern California Larry serves as Task Manager, acting as an extension of staff for the San Diego Maintenance and Layover Facility design and construction and the On -Call Construction Management Consultant Services contract. RailPros assists in managing the growing responsibilities of the LOSSAN Agency and their capital program for the next three years (with a two-year optional extension). Hundreds of projects exist for capacity enhancements and customer improvements that involve double tracking, stations, systems, layover facilities, equipment, and many maintenance projects. RailPros staff is assisting LOSSAN Agency staff by providing specialized services as required to effectively implement capital and service improvements for the Pacific Surfliner and along the LOSSAN rail corridor. Services include providing document control, project management, and technical expertise on an as needed basis, assistance in the oversight of project implementation, administration and schedule, and project controls. M' ILPROS PAGE 7 4$11,14fINiIEli]_ I BS, Structural Engineering, University of California, San Diego Registered Civil Engineer California No. 91626 RICKY KISSEL, PE, QSD SUMMARY OF QUALIFICATIONS Ricky has 10 years of notable professional experience as Resident Engineer and Project Managerwith a history of efficientengineering involving railroad construction, maintenance, and operations management. He is skilled in project management, inspection, and operations oversight. Ricky has an extensive knowledge of SCRRA/SCRRA/Metrolink Design Standards and Specifications, Greenbook Standard Specifications, Caltrans Design Standards, CPUC General Orders, Roadway Worker Protection, and AREMA Design Standards. He has experience working with various agencies including SCRRA, BNSF, NCTD, MTS, SANDAG and NAVFAC. Ricky also has refined relationship building skills and coordinated work collaboratively with managed workforces across departments. He is also highly experienced in Microsoft Word, Excel, Project, and PowerPoint. Project experience Qualified SWPPP Developer PROJECT EXPERIENCE (QSD), No. C91626 100% PSBE Document Review/Construction & Maintenance (C&M) Agreement Review for Pacific Avenue and Bogart Avenue Traffic Signal and s Resident Engineer and Rail Crossing Safety, City of Baldwin Park. CA Construction Inspector Ricky provided plan review of the 100% PS&E documents for the Street Improvements Ricky will be responsible for at Pacific Avenue and Bogart Avenue Traffic Signal and Rail Crossing Safety Project. This performing card cr��i�tir� g g 9 Y j in performing the duties project is part of the City's Pacific Avenue Corridor Project, which will accommodate of a Construction Inspector complete streets and green street components. The street segment will tie into the including civil, electrical, proposed improvements for the Bogart Avenue Quiet Zone Project and the recent landscape, structural, downtown improvements on Ramona Boulevard. Improvements include reconstruction and utility construction engineering. of portions of the street structural section including sub -surface preparation; subgrade and constructing aggregate base and asphalt concrete (AC) pavement sections; and MMMM� construction of sidewalk, accessible pedestrian ramps, and major curb/gutter repairs. The project will also include traffic improvements such as a new high -visibility crosswalk and a new traffic signal or hawk system installation for pedestrian crossings.Ricky provided review of the design documents for conformance with SCRRA/SCRRA/Metrolink Engineering standards and constructability within an operating railroad environment. BNSF Support for High -Speed Rail, BNSF Railway, Wasco, CA As a Structures, Track and Right-of-way Inspector, Ricky performed field oversize on behalf of the BNSF Railway for California High -Speed Rail Authority on and adjacent to the BNSF property. Ricky worked on Construction Package Four and assisted in the oversight of the construction of the three overhead structures that cross the BNSF Bakersfield subdivision and the Wasco Amtrak pedestrian and Poso Avenue Underpass. Ricky performed field inspections of the California High -Speed Rail Authority contractor's work to verify conformance with project plans and specifications, reviewed work plans and contractor submittals, and verified the contractor followed all BNSF safety and operations rules while on BNSF property. M' LLPROS PAGE 8 MlS Engineering Plan Review and Inspection, MlS,San Diego, CA RirkvsorvesaPlan Review EnginoerandInspectorforthe MTS Right -of -Entry Plan Review Program. Hiscluties include reviewing a variety of Engineering design and work plansfor impactstothe MTS right-of-way as well as operational impactsto MTSTrolley and Rail Operations. Plans are checked forconpliancevith MT5 andAREMAStandards and Specificationy� Once permits are issued, Ricky is also responsible for performing inspectionscf projects thnough conytnuction,performing inspections of civil, track, structural, and signal construction. Projects reviewed and inspected include both overhead and underground utility crossings, temporary and permanent shoring, street improvements, pedestrian/bike paths, third -party utility installation, and traffic control � pans. B0@SFI0@CTO Signal. Optimization Project, BNSF Railway, San Diego CA Ricky is currently assisting BNSF with Construction Management tasks in the completion of the N[TO Signal Optimization Project. Acting as contractor to NCT[), 8N5F is completing the upgrade of grade crossing and train control systems across the NCT[) system. The work consists of the upgrade of obsolete train control and crossing control modules, the complete replacement of signal houses and the installation of additional fiber runs. The project also includes the rehab and upgrade to anearside signal atone ofNCT[}'s busiest grade crossings, the installation of a new control point includes replacement of new turnouts and installation o[new signal infrastructure. As Construction Manager, Ricky is assisting BN5Fto obtain right -of -entry stakeholder coordination, r� l� �� (�K4t �s permits, o ercoo na on,vvo plans, other tasks. Orange and PenrUsVaKtey Subdivision Raft Relay Projects, SCRRA/MwtmwLink, Various Locations AsaConstruction Manager onthe RailProsSCRRAState nfGood Repair (SDGR)team, Ricky provided oversight onthese key SOGR projects. He worked with the contractor and the inspection team to verify that projects were delivered per contract and in compliance with all applicable standards and regulations with minimal impacts to nail operations. These projects involve the upgrade of � 163O2 �i feet i� �f�aL VV�i� site, � � monitored [o strict compliance with �gra e , an , linear m �n fasteners. eons , o axnnon ore r r conn� �nc� 5CRR/YsCVVRrequirements and Track and Engineering Standards. System and Security Enhancements, SCRRA/MetroUn8,Various Locations (Project NNanagen0 As Project Manager, Ricky was responsible for identifying, planning, and coordinating the construction of 1,549 feet of additional security walls and 1,247 feet of additional security fence at various locations on four different subdivisions across the SCRRA system. Ricky provided daily coordination with SCRRASCRR/VK8etnolink, the contractor, inspection staff and representatives from UPRR to install the security upgrades. The project was accomplished successfully in a limited time frame with no operational impact to nail traffic. North Beach Emergency Revetment Repair, SCRRA/MetroULm�San Clemente, CA As the Resident Engineer/inspector for the North Beach Emergency Revetment repair project, Ricky was responsible for providing oversight and inspection a*n/ioes for the duration of the project. He supervised the placement of all hpnap to maintain compliance viththe project footprint in compliance with permits issued by the U.S. Army Corps ofEngineers and the California Coastal Commission. Hemanaged the project punch list through completion and coordinated work with the City of San Clemente, keeping all stakeholders informedthnough the duration ofthe project with n*gularproject updates. t ea. Capital, Projects Enginewn/RaftEngineer, North County Transit 0istriot/AKsVomm, Oceanside, CA Ricky was the Project Manager for various nail and transit projects across North County Transit District's entire nail system. He worked alongside project teams with 5AN[)AG, contractor, and construction management staff for successful project completion and reviewed plans and specifications for compliance with NCTC), L{}SGAN, 3CRRA, and AREK4Astandands. He also coordinated with contractors to develop work plans, schedules, and estimates while performing contract management and developing scopes ofwork and cost estimates. Ricky also served asCapital Project Manager for maintenance ofway and the engineering department for Alstom. He was responsible for planning and executing capital projectsincludingrail,tieand track component replacement, track surfacing, bridge and culvert repairs, drainage and right-of-way enhancements. He was also responsible for scheduling and planning of ultra -sonic nail testing, geometry testing, nail grinding and weed spraying, contract management, and budget tracking. Additionally, Ricky reviewed plans and specifications for third -party projects on behalf ofNCF[). M;; :t$111myA I Drk I ITT Technical Institute AAS in Electrical Engineering BNSF Signal School - Distinction SUMMARY OF QUALIFICATIONS Randall has more than 28 years of experience in all facets of railway signal and train control, ranging from maintenance and inspection to engineering and design. He is a Member of The Institution of Railway Signal Engineers (IRSE) and has over ten years of experience in capital projects. Covering items from preliminary engineering all the way through construction oversight and inspection, he is well versed in all major microprocessor systems that are used in the railroad industry today. Some of those systems include Microlok, Microlok II, VHLC, ElectroLogix, and Siemens Sicas ST Randall also has experience with office system/SCADA and, more specifically, the integration of various systems elements. REGISTRATIONS Single, Extension & Step- Mid -Coast Project: LOSSAN Early Works - CP Rose Construction Management & Ladder Safety Certifications InspectionSan Diego, CA First Aid Certification Assisting in the construction management resourcing to the agency, GSG provided MTS & NCTD Certifications inspection on the signal and communications facilities that were installed on the commuter corridor as part of the Early Works packages under the Mid -Coast Transit MMENNN,Project - A CM/GC (GCCM) project. In addition to field inspection, the effort Randall an excellent wayside included supporting the review of contractor submittals, review of design submittals, presence, the ability to worts providing input to improvements to systems elements and oversight of all testing. effectively with multiple pn Signat Engineering Support, NCTD, San Diego, CA stakeholders, project managers, and contractors. Randall provided testing support to the implementation of the PTC wayside elements Randall has proven, time on the LOSSAN corridor between CP Songs and CP Ash in San Diego County. The and again, that he will work involved signal testing ensuring correct PTC codes are initiated to the PTC handle any project big or system and back office servers via the NCTD communications network. all, with integrity and commitment. Beech Street Construction and Signat Support, MTS, San Diego, CA The Beech Street Double Crossover Project involves upgrading an existing hand operated double crossover on the Green/Orange Line to provide flexibility and turnback at County Center Station. The new double crossover will be located on the South/West end of County Center Station and within the approaches of three grade crossings. The two new signal houses will be a new ElectroLoglXS interlocking controlling two new M23A Switch Machines, two LED Signals and PSO 4000, AC Track Circuits and a grade crossing each. As Project Manager/Systems Engineer, Randall provided project management, forecasting, tracking deliverables, coordinating with clients and agency, ElectroLoglXS Data Development for two new signal houses, updates to four existing locations, Design Support for Factory Acceptance Testing, and on -site testing. Green Line TWC and Communications Project, MTS, San Diego, CA GSG was involved with the upgrading of Train to Wayside (TWC) equipment on the MTS Green Line subdivision. GSG installed new bidirectional interrogators as well as installed new cable and loops. The project also involves the installation of new GE communications processors for upgraded communications between the office and ILPROS PAGE 10 RANDALL BIRD (cont'd) the wayside. GSG is responsible for the complete installation, wiring, and commissioning of these new systems to ensure operational compliance within MTS specifications. MTS On -Call A&E Contract, MTS, San Diego, CA GSG currently has an On -Call A&E agreement in place with MTS San Diego to deliver work focused on, but not limited to, engineering design services for transportation projects. The types of transportation projects include but are not limited to, heavy rail, light rail, bus rapid transit, express bus, streetcar, shuttles, freeway, highway, toll road, local streets and roads, bikeway, walkway, and related facilities. Additional work may include environmental planning and engineering for international ports of entry, environmental enhancement projects, and municipal facilities. Blue Line Freight Improvement Project, San Diego Trolley, San Diego, CA GSG was involved with the changing signal arrangements on the San Diego Blue Line between Downtown and San Ysidro. As the software engineering firm on the project, we were tasked with making provision for thee new interlockings to include alterations of seven railway highway crossings for freight movements within light -rail (joint use) territory using the Siemens Sicas S7 interlocking controller. The work will involve interfacing to the complex, existing software design, Factory Acceptance Testing, and setting to work the software, HMI, and various components. GSG also led the final as -in-service testing. Transdev Switch 9&11 & Middletown Double Crossover, MTS, San Diego, CA Randall served as Project Manager/Systems Engineer for this project that included Complete Signal House, Complete Color Light Signal w/Pushbuttons, M23A Switch Machine, Impedance Bonds, TWC Loops, Signal Cables and Finder Cables, Complete Application Software, New relays for hand/lever switch, AC Vane Modification, Signal Data Design & Testing, Approach Lighting & FIB Discriminate Crossover Moves. Ballpark Village Project: Replacement of Switch 1S, MTS, San Diego, CA As Signal Engineer on this project working on behalf of the Ballpark Village Project, GSG successfully led the transition of the relay based controls associated with 'switch 15' to Siemens Sicas S7 PLC logic within the 12th & Imperial signal house, and change the switch machine from a US&S M23AE machine to a H&K HWE61 (208V 3-ph) machine (consistent with MTS in -street running). The effort also involved reviewing as-builts, verifying signal arrangements, and coordinating with other disciplines on duct bank arrangements. ' ` ILPROS PAGE 11 R e a,. eva n t E xp e rim en ce a n d References Rail isn't a part of our business, it /S our business `1' RailPros was selected by the City of Baldwin Park to Review 100% PS&E documents and the (C&M) Agreement between SCRRA/MetroLink and the City. This project is part of the City's Pacific Avenue Corridor Project which will accommodate complete streets and green street components including a reduction from four lanes to three lanes, as well as a tie-in to the proposed improvements for the Pacific and Bogart Quiet Zone Project. PS&E Review RailPros reviewed PS&E documents to identify quantity deficiencies and construction efficiencies; performed a review of other project documentation, including cost estimates, and project schedules, etc.; and advised the City about potential issues identified during the review, resulting in more robust bid documents,. UM Agreement Review The RailPros team reviewed the draft SCRRA C&M agreement to verify that the agreement was equitable and that standard practices are used. Our detailed review of the C&M agreement resulted in negotiations that ultimately led to cost savings for the City. Key Staff: Phil Hodges, Project Manager ( Larry Shaw, Principal in Charge I Ricky Kissel, PE, QSD, Plan Review Other Staff: Robert Williams, PE, Plan Review ( Blake Loftus, PE, Plan Review MMAILPROS PAGE 12 RailPros provided design and project management services to develop safety improvements at seven multi- track at -grade crossings in Oceanside, CA, including Surfrider Way, Mission Avenue, OTC Private Baggage Cart/Maintenance Crossing, OTC Sprinter Pedestrian Crossing, Wisconsin Avenue, Oceanside Boulevard, and Cassidy Street. The project also included the addition of a new pedestrian station access pathway between the platform and Mission Avenue. RailPro' scope included: • Site Investigation and Safety Evaluations • Conceptual Studies, Safety Enhancement Recommendations Reports, and Exhibits • Stakeholder Diagnostic Meetings and Coordination • Preliminary Engineering • Construction Management and Inspection • Final Design and Design Support During Construction • CPUC and FRA Document Processing The project involved approximately $6 million in improvements based on site evaluation findings and stakeholder team recommendations, including sidewalk modifications; pedestrian channelization and gates; ADA compliance; roadway and median modifications; driveway relocations; corridor fencing and maintenance access; new station access pathway; station crossing signage; roadway signage and striping, interconnected Queue -Cutter traffic signals; and railroad signal warning device relocations, replacements, and system modifications. The project involved several railroad operators - Coaster, Sprinter, Amtrak, Metrolink, and BNSF - and coordination with CPUC, FRA, SANDAG, Caltrans, the City, and adjacent property owners. RailPros led the coordination and stakeholder diagnostic team efforts, identifying issues, concerns, and solutions at each crossing. We developed Concept, Preliminary Engineering, and PS&E Design Documents. The project recently completed construction, and we provided Construction Management and Inspection services and coordination with the contractor and stakeholders. Working closely with our track, railroad signal, roadway, and construction experts, the RailPros design hILIIn k\" team, led by Robert Williams, PE, modified the initial design to eliminate impacts to the complex P railroad track and signal system infrastructure. This design solution saved the City of Oceanside over $1 million in construction costs. Key Staff: Phil Hodges, Construction Manager I Larry Shaw, Principal in Charge Other Staff: Robert Williams, PE, Project Manager MENEM= ILPROS PAGE 13 RailPros has provided on -call Project Management (PM) and Construction Management (CM) services for SCRRA/Metrolink since 2013. A large part of this has included SOGR Priority Rehabilitation tasks. Our role was to provide PM/CM, inspection, and document control services for all SOGR projects and make recommendations for future projects as needed. SOGR projects constitute an overall rehabilitation of all of SCRRA's track -related facilities on the Metrolink system. Over 100 projects were successfully completed; the work included drainage facilities (bridges, culverts and grading on the right-of-way), turnouts, rail, ties, undercutting, road crossings, bridge rehabilitation work, track -related station upgrades, and design reviews. The goal of the program is to bring the infrastructure up to a SOGR. The SOGR projects focused on all subdivisions with a primary focus on the Ventura, Perris Valley, Orange, Valley, and San Gabriel subdivisions. V.x-,�'.,.�„ 9'a-'=_ �.,ywi nx, A, bIIVLiNG LAI UN PHASE ALIVItYNA.1 Q Metro ' ` ' „ AI Project Da,hb—d RESET F LTEaS PROJECT COST BY PHASE BUDGET VS, ACTUALS BY FUNDING SOURCE= $2bn $10429M $1,9bn 1.3 0.8 $64272M''. $77915M. �1 BUDGET VS, ACTUAL$ I EARNED VALUE MANAGEMENT c rc $7444M a . $,10424M � aa% BUDGET BY DISCIPLINE FINANCIAL DETAILS BY FUNDING SOURCE OUTAGES SCHEDULE tl 95 r e tl9A11.11 rd TM /Aww d EVENTSCALENDAR D APProve Attvty Date o BMF 9/ i k f7/4/ 023 50fa Co I/1S/2026 a S1n a I+ztf m cki a WW taA a' z/ / / - TniP p tawlM u'c Event 8/520?5 a••••.• TI�fP _ otl9ersC 6!/2024 t apse _ P 9 S - tU/ I 1'MP ` A n]oT ea -Wm..B kTe &Brd,, T 11 : 111/11/1O 7L% TIP iota 000u000uo 35a ITT- o5i4x N `o nibll Iu RCN }ycpL PATH TA$((OETAiLS PROJECT MILESTONES STAKEHOLDER COORDINATION tocai arvs vucnnows Phase Name Glk Level Sert Date ircchDi I Complete s Actvry Name Date A,,n Nane NPYI NleetnM 1,, NP—LlAppm I Aq,1,, n 1 2 16 CompItf-Date /Lope .. nI 11 tin/zon v' - ad ma Ar&1 IL-1,TP on) 1/152023 4n5/]023 roi 65 o0esgnforM Cns.rc <:on VT/)0/3 i " OPENG45 WEROIiCItF6 ,hGCf4ERAY¢U a /c/ 3. i, EOEn 2nk Work AT&T (iai n'ss on) 12p2023 3/202023 A �yy RFJF9 / 20/2023 Np a 59� E IYC ruclion 1/12023 : CY evno V-nk 225 23 ]/fi/tU23 `D'^ 30 1 i 4, 11 E IY D . g 1/120J's E n Mou Pei • e 5/102 23 8/ 2023 P >v MITI, -G uR 7/`21123 % .UF ,j2CFi,TIP LABOE J9%2 / / 623 ® �m - _z""T'_ I—TPAs 5U8M1-1 +'^ 95/o Des'g TfarM TCon to <f on ll/t/I023 LAB`S : /16/103 7/25/2DI3 ® `P 5p, r ry g� o� W M1 L D P (? •) 4/6202a 9/20202? A5 O eo.�k� n mtooze �.o�r. aw 1, .R12da soy. 100% Design for Man CL-P,—, 9112024 �WP,yyafeh 1/152023 11/5/2D23 ® a �1yn sm k cAas T13o2 12/52oi3 ® A� ES.LR16 COLDI.E Dry PRIME!" 95 tUP,P R 12/12024 S ./5/201/2020I4 Q 5 r EV rr rCable 3232023 9/12023 A, @ 22 10 6 o-, rv✓� ai. 1111 a ao1v ow /11" „oia Jar p ost 0—pancy/0--OL:(Phase A) 11/t/2028 yer'znn MC 5/52D23 11/152023 A Our d ,1f@R%W'ffRWRRWdeos and images. This site allowed us to manage all Requests for Information (RFIs), submittal reviews, and approvals, material quality and verification, inspection reports, production reports, progress reports, disturbance reports, and public outreach during project planning and construction. Key Staff: Phil Hodges, Construction Manager I Ricky Kissel, PE, QSD, : ILPROS PAGE 14 As part of RailPros current MTS Right -of -Entry Engineering Review and Inspection Program, RailPros provided engineering plan review and field inspection services on behalf of MTS for the Sassafras Street Widening Project. The San Diego Airport Authority, project owner, increased the lane width of eastbound traffic lanes from one to two at the grade crossing located at Sassafras Street. The crossing is located over a total of four tracks that experience heavy rail traffic from MTS Blue line Trolleys, NCTD COASTER, Amtrak Pacific Surfliner and BNSF freight trains. Two tracks are serviced by NCTD and two by MTS. RailPros provided engineering review of all project engineering plans and contractor work plans, on -site inspection of work critical to the MTS and NCTD rail and signal systems, and agency representation on project meetings. Responsibilities included: • Review of initial Engineering Design Plans • Review of contractor -supplied site specific work plans, including plans for civil work, grade crossing signal equipment relocation, and jack and bore utility work • Performed on -site inspection of contractor's work • Represented MTS on weekly construction meetings with the San Diego Airport Authority, City of San Diego, and contractor The project involved approximately $6 million in improvements to widen eastbound lanes to increase traffic capacity for the new car rental facility. Improvements included widening of traffic lanes; addition of new grade crossing warning devices; relocation of existing crossing warning devices; and new sidewalks, pedestrian ramps, and pedestrian crossing safety enhancements. RailPros staff facilitated stakeholder coordination between MTS, the San Diego Airport Authority, NCTD, and the City of San Diego. Key Staff: Ricky Kissel, PE, QSD, Review Engineer/Construction Inspector, Larry Shaw, Principal -in -Charge l ILPROS PAGE 15 P r C-C, " e c t M a n a!,ccga, e m e n t P III a n �:srrw:�-r.� Rail isn't a part of our business, it IS our business 61"I'S's PROJECT MANAGEMENT PLAN In order to provide easy reference to how and where we address the Evatuation Criteriain this section, we have developed the following legend below to provide a key for reviewers. Ability to successfully deliver project tasks and deliverables, within the identified project budget and minimize cost overruns. Ability to work collaboratively with other members of a multi-disciplinory team in a complex and dynamic working environment. Commitment to accurate and superior work products and services as detailed in the project management plan. Innovative andlor creativeapproaches a providing ♦ - operations or performance a •• The City of Baldwin Park's Improvements at Pacific Avenue and Bogart Avenue Traffic Signal and Rail Crossing Safety Project (CIP 19-31) will signalize the existing stop -controlled intersection at Pacific Avenue and Bogart Avenue. The existing grade crossing at Pacific Avenue will be modernized to current SCRRA/Metrolink standards and will include asphalt removal and installation, signage and striping installation, traffic signal installation, curb and gutter demolition and installation, crossing panel installation, gate installation, traffic loop installation, and the installation of a new signal house. The signalization of this intersection will increase safety at the intersection by allowing queued cars on the tracks to clear the intersection prior to trains passing through the crossing. Railpros brings a team that has extensive experience working on rail and transportation projects. Our team has worked on various projects of similar scope on commuter rail corridors throughout Southern California, with stakeholders including SCRRA/Metrolink, NCTD, MTS, regional municipalities, FRA, and CPUC. We bring first- hand experience and lessons -learned from being heavily involved with the City of Ocenside's Quiet Zone/Grade Crossing Safety Improvements and SCRRA/Metrolink's SOGR Program. Through our previous work on this project, our team is fully aware of the challenges of the project and is prepared to meet them head on. These challenges include coordination with SCRRA/Metrolink, limited laydown areas, potential utility conflicts, traffic control, public outreach, long -lead times for traffic signal components, and signal testing coordination. Our experience on SOGR and the Oceanside Quiet Zone/Grade Crossing projects includes every element of this project, including: • Stakeholder coordination • Coordinated traffic control to confirm that the public was informed and notified in advance of construction • Immediate potholing to identify potential conflicts - first order of work! • Engaged early with contractor to make sure submittal items were completed so long lead -items could be ordered M' ILPROS PAGE 16 RailPros' approach is to proactively identify key issues in the project and mitigate them before they become larger issues. Our team has extensive experience and knowledge of grade crossing improvement projects and is aware of potential issues and challenges that may arise. We have experience working with SCRRA/ Metrolink, planning and coordinating various railroad construction projects, and we will leverage this experience to successfully manage the construction of grade crossing improvements. Our team understands the importance of clear communication among stakeholders and will hold regular project status meetings with stakeholders to confirm that all stakeholders are kept informed of all critical project status items. We understand the importance of quality tracking and accurate recording of construction activities, progress, and quantities. Maintaining accurate documentation is key should a potential claim arise. Should the need to perform extra work emerge, we will require accurate documentation to capture the true value of any extra work. If any extra work cannot be resolved through a lump sum change order, we are prepared to track the contractor's effort with further inspection and payment through Force Account. Accurate documentation of manpower, equipment, and materials will allow us to mitigate the expense of any disputed extra work. Bid Support RailPros' proposed staff has extensive experience providing bid support and selecting contractor's as both a consultant and owner. The Contract Manager and Resident Engineer will coordinate activities, review documents, provide recommendations, and attend meetings during the bid document preparation and contract bidding phase. Our team will lead in the effort of preparing bid documents and support the City in the SOQ process. Other tasks we are prepared to assist with include attending pre -bid conferences and provide information to bidders regarding the City's expectations of them throughout the project duration and familiarize bidders with the bidding documents, proposed management techniques, and any special systems, materials, or methods. RailPros' proposed staff has extensive experience providing bid support and selecting contractor's as both a consultant and Owner. The Contract Manager and Resident Engineer will be available to coordinate activities, review documents, provide recommendations and attend meetings during the bid document preparation and contract bidding phase. Our team will lead in the effort to prepare bid documents and support the City in the SOQ process. We have experience attending/facilitating pre -bid conferences and providing information to bidders regarding City expectations. Once bids have been received, we will assist in the bid analysis - including accuracy of bids, identifying the lowest responsive bidder, checking references and other bid forms, and making recommendations to the City for the award of contracts and/or rejection of bids. Once a contractor is selected a pre -construction kick-off meeting will be conducted including all agencies, utilities, and contractors that will be participating in the project. n:;RAILPROS PAGE 17 Readiness Our team has an intimate knowledge of SCRRA/Metrolink and Green Book construction specifications. Asa rail -focused firm, RailPros has subject matter experts in FRA, CPUC, and AREMA regulations, specifications, and standards. We are familiar with the permitting process and are aware of the various permits that will be required for all construction activities. We will hold a readiness meeting prior to every critical construction activity to verify that the contractor has obtained all related plans, specifications, permits, guidelines, and procedures prior to undertaking the work. This will confirm that the entire project team is prepared to complete these activities and that all necessary documents are in order. As a result of ourexperience and expertise, ourteam understandsthe importance of the project meeting pre -established railroad work schedules. Our experience with track cutovers and activation gives us a thorough understanding of the preparation needed to complete track and signal maintenance work. As the work windows to install the crossing panels and signal house approach, we will develop a checklist to measure the contractor's readiness to complete the work. Any missing or slipping items will be brought to the project teams' attention to develop a plan to get construction back on schedule to meet the planned track outage. Widening of the Pacific Avenue crossing will create changes to critical positive train control (PTC) assets. Coordination will be required with various stakeholders to confirm that a new PTC Subdivision file is prepared and validated when the work is completed. Our staff has experience working with SCRRA/Metrolink's PTC Change Control Board and will coordinate with SCRRA/Metrolink to update the Subdivision file when the crossing is completed. We also know the importance of validating these new assets validated prior to the track going into service, and we will confirm that the contractor coordinates with SCRRA/Metrolink's PTC group when the work is completed. RailPros also has experience performing track inspection and construction and will verify that the contractor does not damage rail infrastructure during the crossing panel installation. Project Having proper survey control is critical in any construction project, but especially in a rail project where tolerances are critical. Our team has experience in construction and rail related surveying. We know the importance of checking track grade and geometry, not only for compliance with project plans and specifications, but also for compliance with FRA 213 standards. Our team is well versed on CPUC General Orders, is aware of common issues that projects encounter related to CPUC General Orders, and will be vigilant mitigating any such issues that arise during construction. Storm Water Poitution Prevention Man (SWPPP) and Environmentat Our team has experience reviewing both SWPPP plans as well as performing inspections for compliance with SWPPP regulations. We have worked on various railroad construction and intersection improvement projects similar to this site, especially in regards SWPPP compliance and drainage issues. Our extensive experience managing railroad drainage gives us the expertise with SWPPP regulations. RailPros' Resident Engineer/Inspector Ricky Kissel, PE is a QSD and will manage this process. Initial steps will include a detailed review of the contractor's SWPPP plan and crosscheck with the plans developed within the conformed plan set. As construction progresses, specific construction activities will require greater attention to verify that pollution control measures in compliance. This includes foundation installation, curb and gutter construction, and asphalt work. Frequent monitoring will be needed to confirm construction sediment does not enter City storm drains. During excavation operations and concrete pours, our inspectors will verify that spoils and/or concrete is contained. Grading locations through the project limits will also require special attention for SWPPP compliance. Our team will confirm that the proper BMPs are utilized at these locations. If at any time the contractor is found in violation, they will be immediately notified and work will not be allowed to proceed until the issue is resolved. Project Records to i t, IRF11s, RailPros understands that submittals and RFIs have the potential to delay the overall project schedule. We will proactively work with the contractor and designer to expedite submittals and RFIs in order to minimize impacts to the project schedule. Documentation will begin with detailed photos and video of the existing project site conditions. This will continue throughout the project as construction progresses to have a comprehensive photographic record of construction. RAILPROS PAGE 18 Having a record of critical project communications is necessary for the project to be successful. Railpros will institute weekly contractor progress meetings to manage the flow of information and keep the focus on the important issues; all stakeholders will be invited to attend. Minutes of issues, discussions, statements, and commitments will be recorded and distributed within 24 hours of every meeting. Project Controls Microsoft SharePoint is a powerful cloud -based collaboration and program management tool that can be easily utilized for this project. RailPros currently utilizes this technology on several active projects across multiple clients such as SCRRA/Metrolink, UPRR, SANDAG, and BNSF. This tool can create project sites; automate workflows; manage notifications; create calendars; manage a shared Outlook mailbox; collaborate on Microsoft files; display project dashboards; customize permissions by person; group, or organization; integrate custom Google maps with interactive data; and significantly increases the size of files that can be shared. For our current construction management projects, SharePoint is being utilized in maintaining various logs such as RFls, Submittals, Change Orders, and PayApps, saving our clients significant cost instead of purchasing CM software for their projects. Data from are pint sites are integrated directty to our reports that makes data vi utiz ti n see less and effective. See Page 14 for a more detailed view of the example dashboard to the right. Paymentniring and Change r r Our team recognizes the importance of tracking project cost vs deliverables for accurate forecasting and adherence to the project budget. Accurate tracking of materials used, equipment utilized, and construction personnel on site will be critical in establishing accurate progress payments. Our inspection team will verify that accurate reporting is captured on quantity sheets. Field measurements and calculations will be shown to provide proper payment to the contractor. The RE will review these quantity sheets for accuracy then load them into the document control system. RailPros' CM team will identify any project issues and resolve them at the lowest possible level to mitigate the possibility of a claim. Should any claim arise we will most likely know the origin of the claim and will review the basis of the contractor's claim and determine its validity. We will present this information to the City to achieve concurrence to issue a contract change order. An independent cost estimate will then be prepared, and negotiations will be carried out with the contractor, after which the work can proceed. Our team understands that these processes can cost the project time delays and will move quickly and diligently to minimize any impact to the project schedule. All associated construction activities related to the change order will be tracked to ensure proper billing by the contractor in association with the extra work. Project correspondence and deliverables will follow the review guidelines developed in the Project Quality Plan. Monthly progress reports and correspondence with the contractor, the City and stakeholders will be reviewed by the Principal -in -Charge Larry Shaw and/or the Technical Advisor Robert Williams, PE. «J RAILPROS PAGE 19 Requillred Forms ;1" Rail isn't a part of our business, it IS our business 7. Required Forms 7.1 Certification of Qualification RFP #: CIP 19-31 The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposals (RFP). 1. Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposals, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom. 2. By submitting the response to this request, Proposer agrees, if selected to famish services to the City in accordance with this RFP. 3. Proposer has carefully reviewed this proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them. 4. It is understood and agreed that the City reserves the right to accept or reject any or all Proposals and to waive any informality or irregularity in any proposal received by the City. 5. The proposal response includes all of the commentary, figures and data required by the Request for Proposals. 6. The proposal shall be valid for 90 days from the date of submittal. 7. Proposer acknowledges that the City may issue addendums related to this RFP and that the proposer has reviewed the following addendums which have been issued: Addendum: #1, Issued July 19, 2023 Addendum: #2, Issued July 19, 2023 Addendum: #3, Issued July 19, 2023 Addendum: #4, Issued July 31, 2023 8. Proposer further acknowledges the provisions of any addendums issued have been incorporated into their proposal. Signature of Authorized Representative: Nathan Ortega, PE Printed Name and Title: Vice President of Engineering - West Region Page 25 7.2 Non -Collusion Affidavit RFP #: CIP 19-31 The undersigned declares states and certifies that: City of Baldwin Park 1. This proposal is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation. 2. This proposal is genuine and not collusive or sham. 3. 1 have not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in a sham proposal or to refrain from submitting to this RFP. 4. 1 have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the fee schedule price or to fix any overhead, profit or cost element of the fee schedule price or to secure any advantage against the City of Baldwin Park or of anyone interested in the proposed contract. 5. All statements contained in the proposal and related documents are true. 6. 1 have not directly or indirectly submitted the fee schedule price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof, to effectuate a collusive or sham proposal. 7. 1 have not entered into any arrangement or agreement with any City of Baldwin Park public officer in connection with this proposal. 8. 1 understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. Signature of Authorized Representative: Printed Name and Title: Nathan Ortega, PE Vice President of Enaineerina - West Reaion Page 26 7.3 Compliance with Insurance Requirements RFP #: C1 P 19-31 The selected consultant will be expected to comply with the City's insurance requirements contained within this RFP. The undersigned declares states and certifies that: 1. Proposer agrees, acknowledges and is fully aware of the insurance requirements as specified in the Request for Qualifications. 2. If selected, proposer agrees to accept all conditions and requirements as contained therein. Signature of Authorized Representative: Printed Name and Title: Nathan Ortega, PE Vice President of Engineering - West Region Page 27 7.4 Acknowledgement of Professional Services Agreement RFP #: CIP 19-31 City of Baldwin Park The selected consultant will be expected to comply with and sign the City's Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 6.2. The City Attorney or their designee retains the discretion to accept or reject proposed exceptions or modifications to the City s Professional Services Agreement. 1. Proposer agrees, acknowledges and is fully aware of the conditions specified in the City's Sample Professional Services Agreement. 2. Proposer agrees to accept all conditions and requirements as contained therein with exceptions noted as follows: Signature of Authorized Representative: Printed Name and Title: Nathan Ortega, PE Vice President of Engineering - West Region Page 28 7.5 Debarment and Suspension Certification This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part V11 of the May 26, 1988 Federal Register (pages 19160-19211). Copies of the regulations are available from local offices of the U.S. Small Business Administration. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON THE SECOND PAGE) (1) The prospective consultant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. (e) Have been registered and have an active status on sam.gov (2) Where the prospective consultant is unable to certify to any of the statements in this certification, such prospective consultant shall attach an explanation to this proposal. Business Name RailPros, Inc. Nathan Ortega, PE Date August 7, 2023 By Vice President of Engineering - West Region Name and Title of Authorized Representative Signature of Authorized Representative Page 29 Fee3Y'�Yh �\ht2 Schedule �C �... h"hr*o I -,A- NJ ;1" • , • Rail isn't a part of our business, it l5 our business 11 FEE SCHEDULE RailPros' Fee Schedule is included in a separate, sealed envelope. owl : MT Attachment A - Consultant Cost Proposal Task Order Estimate - Hourly Breakdown Consultant/Subconsultant: RailPros Total Hours = 1,385 Construction Management Services for CIP 19-31 Improvements at Total Costs = $293,090.85 Task Order Title: Pacific Avenue and Bogart Avenue Traffic Signal and Rail Crossing Safety Project Contract No.: CIP 19-31 Task Order No.: 0 Amendment No.: 0 Total '..... Hours Totals RP Item WBS Cost -Code Task Description $290.00 $197:76 $215.27 71 $144.20 $247.20', $267.80 $161.71 $260.00 1 ':Task A Engineering Plan Check Services 1.1 Review Plans 4 4 i2 4 4 18, $3,874.56 1.2 Establish Communication between stakeholders 2 2 4 $526.06 1.3 'Coordinate Meetings 2 2 4' $826.06 Subtotals (Hours) = N/A 0 8 8 0 _ 0 2 4 4 26 $5,526.68 2 Task B Bid Support - 2.1 Prebid Meetings/General Bid Preparation 16 16 32 $6,608.48 2.2 Attend Pre-bid/Prepare Bid Results Sheet 10 5 15 $3,053.95 2.3 Analyze Bid Responses/Support Pre award mtgs and nego4afions 16 16 32 $6,608.48 2.4 Check Contractors references, licenses, and experiece 4 4 $791.04 2.5 Set Up Doc Control System' 0 4 4 $576.80 2.6 Prepare Staff Report for Awarding �. 2 16 18 $3,839.84 2.7 r l r in General Stakeholder d anon 4 4 I 8 $1,652.12 2.8 Review Permits 4 4 8 $1,652.12 2.9 Obtaro Outstanding Permits 4 4 8 $1,652.12 Subtotals (Hours) = N/A 0 60 65 4 0 0 0 0 129 $26,434.95 3 Task C Construction Management and Inspection Services 3.1 Schedule and Chair Pre -construction meetings 8 8 2 18 $3,592 64 3 2 Assist Contractor with Metrounk ROE Process 6 6 $1,186.56 3.3 - - - - General Project Coordination 12 0 52 - 15 - 79 $18,382.04 3.4 SCRRA Coordination 75 75 $14,832.00 3.5 Provide Full Time Project Inspection**450 _ 450 100 24 1,024, $208,274.50 3.6 General Contract Management (included in 3.5) 0 0 0: $0.00 3.7 Furnish Quality Reports (included in 3.5) 0 - 0 0: $0.00 3.8 Prepare Monthly Reports (Ir;eluded in 3 5) 0 0 0: $0.00 3.9 Prepare Final CM Report _ 16 _ 16 32 $6,608.48 3.10 Total ODCs for this task $8,253.00 0: $8,253.00 Subtotals (Hours) = N/A 12 555 526 2 15 0 108 24 1,2341 $261,129.22 1 1,385 Total (Hours) 12 623 599 6 15 2 100 28 Subtotals (Costs) = $8,253.00 $3,480.00 $11 $113,232.02 $865.20 $3,708.00 $535.60 $17,464.68 $5,200.00 1 1,3851 $293 090.85 `Rates guaranteed through the end of project " Full time inspection based on 6 month duration, 4x/week based on 7.5 month duration Totals = 1 1,68511 $293,090.85 Baldwin Park CM Cost Proposal Rev. 1 Page 1 of 1 ITEM NO. 8 TO: Honorable Mayor and Members of the City Council rHt FROM: Enrique Zaldivar, Chief Executive Officer �s;6Ag'E` Ron Garcia, Director of Community Development M„�'' Julia Sylva, Cannabis Special Counsel DATE: September 20, 2023 SUBJECT: Adoption of Resolution No. 2023-030 establishing Guidance for The Negotiation of Commercial Cannabis Community Benefit Fees. SUMMARY The purpose of this staff report is to introduce for consideration Resolution No. 2023-030 that would establish guidance for the negotiation of Commercial Cannabis Community Benefit Fees to be included in a recommended commercial cannabis agreement (CCA). RECOMMENDATION It is recommended that the City Council adopt Resolution No. 2023-030, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ESTABLISHING GUIDANCE FOR THE NEGOTIATION OF COMMERCIAL CANNABIS COMMUNITY BENEFIT FEES TO BE INCLUDED IN A RECOMMENDED COMMERCIAL CANNABIS AGREEMENT (CCA) FOR CANNABIS MANUFACTURING, CULTIVATION AND DISTRIBUTION OPERATIONS". FISCAL IMPACT There are no fiscal impacts related to the adoption of the Resolution at this time. Adoption of the Resolution is to establish guidance for the negotiation of Commercial Cannabis Community Benefit Fees. The Community Benefit Fees reflects the City Council's goal to lower the fees in response to cannabis operators requests to make the fees more equitable. BACKGROUND On September 6, 2023, The Council held a Commercial Cannabis Program Policy Update Discussion regarding the establishment of annual Commercial Cannabis Community Benefit Fees, key terms and conditions within the Commercial Cannabis Agreement (CCA), and adoption of an ordinance setting administrative fines or penalties for illegal cannabis activity. At the conclusion of the policy update discussion the City Council directed staff to prepare a Resolution establishing the guidance for negotiating Community Benefit Fee to be included in the recommended Commercial Cannabis Agreement (CCA), both of which have been included as exhibits to the resolution (Attachment 1). This proposed Resolution will become effective upon adoption. Page 1 / 2 CEQA REVIEW The City Council finds that the Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Resolution No. 2023-030 (with Exhibits) Page 2 / 2 RESOLUTION NO. 2023-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ESTABLISHING GUIDANCE FOR THE NEGOTIATION OF COMMERCIAL CANNABIS COMMUNITY BENEFIT FEES TO BE INCLUDED IN A RECOMMENDED COMMERCIAL CANNABIS AGREEMENT (CCA) FOR CANNABIS MANUFACTURING, CULTIVATION AND DISTRIBUTION OPERATIONS WHEREAS, the City Council of the City of Baldwin Park ("City") initiated its Cannabis Program in August of 2017 with the adoption Ordinance No. 1400 that included a provision that "... commercial cannabis businesses engaged in manufacturing, cultivation, distribution, and retail [to] enter into a commercial cannabis agreement with the City that established the terms and conditions of operations including the payment of fees..."; and WHEREAS, On November 3, 2021, the City Council adopted Ordinance Nos. 1460 and 1461 to amend various provisions of the City's cannabis regulations to require that cannabis businesses obtain a development agreement issued pursuant to California Government Code, Section 65864 et. seq. and limit the total number of cannabis permits issued; and WHEREAS, On March 15, 2023, The City Council adopted City Council Resolution 2023-11 and 2023-12 amending the City's Planning Fee Schedule to set application fees charged to commercial cannabis applicants; and WHEREAS, On September 6, 2023, a draft Commercial Cannabis Agreement (CCA) was presented to the City Council for consideration and this document is proposed to be used in lieu of the Development Agreement to establish binding terms and conditions for commercial cannabis businesses including the negotiation of public benefits provided to the City; and WHEREAS, the public benefits to be negotiated and provided in each CCA are intended to recognizes that cannabis project proponents are being afforded greater latitude in developing their projects than other similar land uses in exchange for agreeing to contribute greater public benefits than could otherwise be required, and that the project proponents do so freely and voluntarily, with full knowledge and consent; and WHEREAS, to assist City staff in evaluating whether the public benefits being negotiated are appropriate and consistent with benefits provided by other similarly impactful land uses and other cannabis -related businesses in other cities and are not disproportionately excessive or under -inclusive, staff: 1. Conducted an analysis of fees that are charged to retail cannabis project proponents pursuant to the newly -approved Measure CB; 2. Conducted an analysis of fees charged to cannabis businesses in surrounding cities; and 3. Commissioned a study by HDL which analyzed equivalent cannabis fees in other cities by size of their facility; and WHEREAS, using this information, the City Council was presented with a methodology for calculating a suggested minimum public benefit fee based on a tiered square footage/size of the cannabis business that can guide staff in their discussions with cannabis manufacturing, cultivation and distribution proponents as part of the CCA negotiations; and WHEREAS, this resolution is intended to provide staff with guidance concerning City Council expectations concerning the public benefits to be negotiated in each CCA. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Council hereby determines that: 1. The Community Benefit Fee Table attached hereto as Exhibit "A" to this resolution shall be used by City staff as guidance to assist in negotiating and determining the Community Benefits to be included all commercial cannabis manufacturing, cultivation, and distribution CCA's. Nothing contained herein shall prohibit staff from negotiating equivalent non -monetary benefits as part of such negotiations. 2. All new commercial cannabis manufacturing, cultivation, and distribution CCA's applicants shall enter into a Commercial Cannabis Agreement (CCA) in substantial form to that attached hereto as Exhibit "B." SECTION 3. CEQA. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall take effect immediately upon adoption. PASSED AND APPROVED this 20th day of September 2023. ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF BALDWIN PARK EMMANUEL J. ESTRADA MAYOR SS. 1, Christopher Saenz, City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2023-030 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting held on the 20th day of September 2023 by the following vote to wit: AYES: COUNCIL MEMBERS: 0 Lei I 1FTA F CHRISTOPHER SAENZ CITY CLERK [ATTACH FEE TABLE] [ATTACH SAMPLE CCA] COMMERCIAL CANNABIS AGREEMENT by and between CITY OF BALDWIN PARK and Relating to Commercial Cannabis Activity — [Cultivation, Manufacturing, Distribution, Retail]' Language in [brackets] subject to change depending on license type. Page 1 of 33 COMMERCIAL CANNABIS AGREEMENT ARTICLE 1. PARTIES AND DATE. This Commercial Cannabis Agreement dated , 2023 is Case No. . This Agreement is entered into between (i) the CITY OF BALDWIN PARK, a California municipal corporation ("CITY"), and (ii) ("LICENSEE") ("AGREEMENT"). This AGREEMENT shall become effective on the Effective Date defined in Section 3.1.17 below. ARTICLE 2. RECITALS. Recitals specific to LICENSEE... WHEREAS, by this AGREEMENT, the Parties wish to set forth terms and conditions for the operation of commercial cannabis activity in the CITY; specifically, [cultivation, manufacturing, distribution, retail]. NOW, THEREFORE, in consideration of the promises, covenants, agreements, and understandings set forth herein, the parties agree as follows: ARTICLE 3. GENERAL TERMS. Definitions and Exhibits. The following terms when used in this AGREEMENT shall be defined as follows: 3.1.1 "Agreement" means this Commercial Cannabis Agreement. 3.1.2 "Application" means the CITY's Commercial Cannabis Permit Application - [Cultivation, Manufacturing, Distribution, Retail], submitted by LICENSEE in furtherance of this AGREEMENT, upon which the CITY has detrimentally relied upon in executing same. 3.1.3 "BPMC" means Baldwin Park Municipal Code. 3.1.4 "California Cannabis Laws" means "MAUCRSA," and the regulations adopted and promulgated by the State Licensing Authorities pursuant to "MAUCRSA", as such laws and regulations may be amended from time to time. 3.1.5 "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" also means marijuana as defined by Section 11018 of the California Health & Safety Code. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this agreement, "cannabis" does Page 2 of 33 not mean industrial hemp as that term is defined by Section 81000 of the California Food & Agricultural Code or Section 11018.5 of the California Health & Safety Code. 3.1.6 "Cannabis Product" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. stating3.1.7 "Certificate of Occupancy" (COO) means a document issued by the CIT that the Property is suitablefor and occupancy for CommercialCannabis ActivityI the LICENSEE, that it is • ie ; • i• . i i ••. i '. imposed ,• - i - State .,issuedcommercialr . i LICENSEE to operatei ii 3.1.8 "CITY' means the CITY of Baldwin Park, a California municipal corporation. 3.1.9 "Commercial Cannabis Activity" has the same meaning as that term is defined under MAUCRSA and includes any legal use under MAUCRSA and the BPMC, including without limitation, the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and Cannabis Products as regulated under Chapter 5.18 of the BPMC. 3.1.10 "Commercial Cannabis Business License" or "License" means a commercial cannabis business permit issued by the CITY pursuant to Chapter [127/1281 of the BPMC to a commercial cannabis business and is required before any Commercial Cannabis Activity may be conducted in the CITY. 3.1.11 ["Community Benefit Fee" has the meaning set forth in Article 5, of this AGREEMENT.] 3.1.12 Omitted. 3.1.13 "Days" mean calendar days unless otherwise specified. 3.1.14. Omitted. 3.1.15 "Effective Date" means the day this AGREEMENT is approved and adopted by the City Council of the CITY and signed by the Mayor of the CITY, or his designee. 3.1.16 "Existing Project Approvals" if applicable, means all Project Approvals granted or issued prior to or on the Effective Date. Existing Project Approvals include the approvals set forth in Section 3.27 and all other approvals which are a matter of public record prior to or on the Effective Date. 3.1.17 "Existing Land Use Regulations" if and where applicable, means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations include all regulations that are a matter of public record on the Effective Date as they may be modified by the Existing Development Approvals. 3.1.18 Omitted. Page 3 of 33 3.1.19 "Landlord Consent" if applicable, means that the fee simple absolute owner ("Property Owner") has granted the LICENSEE with written authorization to use the Property for commercial cannabis operations. 3.1.20 "Land Use Regulations" if and where applicable, means all ordinances, resolutions, codes, policies and procedures, adopted by the CITY governing the development and use of land, including the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Development of the Property. 3.1.21 "Licensee" has the meaning set forth in the preamble of this AGREEMENT, above. A person who has been issued a commercial cannabis business permit by the CITY, under this chapter for a licensed premise. 3.1.22 "Licensee's Application" means the application form of a Commercial Cannabis Business License submitted by LICENSEE to the CITY, a copy of which is attached as Attachment No. 3. 3.1.23 "Major Amendment:• on the terms of this Agreement which shall require approval by the City Council pursuant to 3.1.24 "MAUCRSA" means the Medicinal and Adult -Use Cannabis Regulation and Safety Act, codified as Business and Professions Code Section 26000 et seq., as may be amended from time to time. 3.1.25 "Medicinal" with regard to cannabis or Cannabis Products means cannabis or Cannabis Products, respectively, intended to be sold or used for medicinal purposes as set forth in MAUCRSA. 3.1.26 "Minor Amendment" means a clerical amendment to this Agreement that shall not materially affect the terms of this Agreement and is subject to approval by the Chief Executive Officer. 3.1.27 "Mortgagee" if applicable, means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device lender and its successors -in interest. 3.1.28 "Processing Fees" means the normal and customary application, filing, plan check, permit fees for land use approvals, design review, tree removal permits, building permits, demolition permits, grading permits, and other similar permits and entitlements, and inspection fees, which fees are charged to reimburse the CITY's expenses attributable to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlements are granted or conducted by the CITY. 3.1.29 "Project" means the development of the Property contemplated by this AGREEMENT, as such Project may be further defined, enhanced, or modified pursuant to the provisions of this AGREEMENT. The Project shall consist of this AGREEMENT, the Application, any and all entitlements, licenses, and permits related to the Project. Page 4 of 33 3.1.30 "Project Approvals" if applicable, means all other entitlements for the development of the Property in furtherance of the Project, including any and all conditions of approval, subject to approval or issuance by the CITY in connection with Project. "Project Approvals" also include both the Existing Project Approvals and the Subsequent Project Approvals approved or issued by the CITY that are consistent with this AGREEMENT. 3.1.31 "Project Development" if applicable, includes grading, construction or installation of public and private facilities and the right to maintain, repair or reconstruct any private building, structure, improvement or facility after the construction and completion thereof; provided, however, that such maintenance, repair, or reconstruction take place within the Term of this AGREEMENT on the Property. 3.1.32 "Project Plan" if applicable, means the Project Approvals and the Existing Land Use Regulations applicable to development of the Property for the Project, as modified and supplemented by Subsequent Project Approvals. 3.1.33 "Property" means the real property commonly known as and identified in Attachment No. 1, herein (common address, APN, and legal description of the Property), which is incorporated by this reference. LICENSEE may modify the location or locations, change locations, or add locations to the Property, pursuant to Section 128.12 of the BPMC. 3.1.34 "Reasonable" means using due diligence to accomplish a stated objective that the subject party is capable of performing or providing under the circumstances in a manner that is consistent with the intent and objective of the AGREEMENT. 3.1.35 "Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to LICENSEE under this AGREEMENT and reserved to the CITY as described in Section 4.4. 3.1.36 Omitted. 3.1.37 "State" means, collectively, the State of California and the Department of Cannabis Control of the State. 3.1.38 "Subsequent Project Approvals" if applicable, means all future discretionary approvals and all ministerial Project Approvals required subsequent to the Effective Date in connection with development of the Property, including without limitation, subdivision improvement agreements that require the provision of bonds or other securities. Subsequent Project Approvals include, but are not limited to, all excavation, grading, building, construction, demolition, encroachment, or street improvement permits, occupancy certificates, utility connection authorizations, or other permits or approvals necessary, convenient, or appropriate for the grading, construction, marketing, use and occupancy of the Project within the Property at such times and in such sequences as LICENSEE may choose consistent with the Project and this AGREEMENT. 3.1.39 "Subsequent Land Use Regulations" if applicable, means any Land Use Regulations defined in Section 3.1.12 that are adopted and effective after the Effective Date of this AGREEMENT. 3.1.40. ["Tax" means that commercial cannabis sales tax approved by the voters of the CITY on November 8, 2022, which shall not exceed five percent (5%), which is initially set Page 5 of 33 by the Parties at four percent (4%). The Tax shall be imposed on all gross receipts of LICENSEE, including, but not limited to, all products and accessories associated with the use and consumption of commercial cannabis.] 3.2 Binding Effect of AGREEMENT. The Property is hereby subject to terms and conditions of this AGREEMENT. Subject to LICENSEE's receipt of all Development Approvals relative thereto, the Development of the Property is hereby authorized and shall, except as otherwise provided in this AGREEMENT, be carried out only in accordance with the terms of this AGREEMENT. 3.3 Ownership of Property; Landlord Consent. LICENSEE represents and covenants that it has a legal or equitable interest in the Property, as defined herein. In the event that LICENSEE is not the fee simple absolute owner of the Property, LICENSEE shall provide CITY with written Landlord Consent. 3.4 Term. The parties agree that the Term of this AGREEMENT shall be five (5) years commencing on the date the Certificate of Occupancy is issued for the Project subject to the written extension and early termination provisions described in this AGREEMENT. Upon termination of this AGREEMENT, this AGREEMENT shall be deemed terminated and of no further force and effect, except terms that are expressly stated in this AGREEMENT to survive termination without the need of further documentation from the parties hereto. The LICENSE will expire at the close of the 51" year and will require the LICENSEE to reapply with the CITY for a new LICENSE. 3.4.1. AGREEMENT Renewal. The Chief Executive Officer (CEO) shall determine whether to renew the AGREEMENT for an additional five (5) years. The CEO shall use the CCA Checklist, attached hereto, to determine renewal of the AGREEMENT. If the CEO determines to renew, the AGREEMENT shall be forwarded to the City Council for formal approval as a consent calendar item. 3.4.2. Non -Renewal of AGREEMENT/Cure Period. If the CEO determines not to renew the AGREEMENT; he/she shall provide the LICENSEE with ability to remedy and/or cure the deficiencies set forth in the CCA Checklist, attached hereto, to be cured within sixty (60) days from date of written notice of Non -Renewal from the CEO to the LICENSEE. If the LICENSEE does not cure within the sixty (60) day period, the AGREEMENT shall not be renewed. 3.4.3. Appeal to the City Council. The LICENSEE shall appeal any Non -Renewal of AGREEMENT of the CEO to the City Council, within sixty (60) days from written notice of Non - Renewal. The decision of the City Council re Non -Renewal of AGREEMENT shall be final and binding. 3.5 Extension of Term. This AGREEMENT may only be extended by mutual agreement of CITY and LICENSEE in writing, following approval by the City Council, and signed by Mayor and the LICENSEE. If the City Council does not approve such an extension, any such agreement is null and void. 3.6 Automatic Termination. This AGREEMENT shall automatically terminate upon the happening of any of the following material events: Page 6 of 33 3.6.1. Revocation of License by the State and/or the CITY, pursuant to the terms in this AGREEMENT, which prohibits the LICENSEE from operation of a commercial cannabis facility in the CITY, following any applicable notice or cure period and provided that LICENSEE has exhausted all administrative remedies and can neither appeal nor reapply for a License within one (1) calendar year of the revocation; or 3.6.2. Abandonment and/or Surrender by LICENSEE of State and/or CITY License, pursuant to the terms in this AGREEMENT, which abandons and/or surrenders the License to operate a commercial cannabis [cultivation, manufacturing, distribution, retail] facility in the CITY, with such abandonment/surrender occurring only following either (1) written notice by LICENSEE affirming its intention to abandon/surrender the License by a date certain, or (2) at least one (1) calendar year of inactivity at the Project, as determined exclusively by the CITY, in good faith. 3.7 Effect of Automatic Termination. The Automatic Termination of this AGREEMENT (as set forth in section 3.6, above) shall constitute termination of all land use entitlements and permits approved for the LICENSEE and/or the Property, pursuant to the terms of this AGREEMENT. Upon the termination of this AGREEMENT, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination, or with respect to any default in the performance of the provisions of this AGREEMENT, which has occurred prior to such termination, or with respect to any obligations which are specifically and expressly set forth as surviving this AGREEMENT. In the event of abandonment and/or surrender of License by LICENSEE, LICENSEE shall pay all fees due and payable to the CITY, up to date of abandonment and/or surrender. CITY shall immediately notify the State of any termination of this AGREEMENT. 3.8 Notices. 3.8.1 Notice Defined. As used in this AGREEMENT, notice includes, without limitation, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment, or other communication required or permitted hereunder. 3.8.2 Written Notice and Delivery. All notices shall be in writing and shall be considered given: (i) when delivered in person to the recipient named below; or three (3) days after deposit in the United States mail, postage prepaid, addressed to the recipient named below; or (ii) on the date of personal delivery shown in the records of the delivery company after delivery to the recipient named below; or (ii) on the date of delivery by facsimile transmission to the recipient named below if a hard copy of the notice is deposited in the United States mail, postage prepaid, addressed to the recipient named below. All notices shall be addressed as follows: If to the CITY: Chief Executive Officer Page 7 of 33 14403 E. Pacific Avenue Baldwin Park, CA 91706 With copy to: Office of the City Attorney 14403 E. Pacific Avenue Baldwin Park, CA 91706 If to LICENSEE: TBD Attn: TBD With copy to: TBD Attn: TBD With copy to: TBD 3.8.3 Address Changes. Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 3.9 Validity of this AGREEMENT. LICENSEE and the CITY each acknowledge that neither party has made any representations to the other concerning the enforceability or validity of any one or more provisions of this AGREEMENT. The parties acknowledge and agree that neither party shall allege in any administrative or judicial proceeding that the entering into or the performance of any obligations created in this AGREEMENT violates federal or state law, with respect to all federal, state, and local statutes, ordinances, or regulations in effect as of the Effective Date. 3.10 [Tax/Community Benefit Feel. As defined herein, is due and payable on a quarterly basis to the CITY, following the close of each fiscal quarter, pursuant to Section 3.11, below. 3.11 Commercial Cannabis Banking. The CITY will not accept cash payments for any fees or costs associated with this AGREEMENT. LICENSEE shall establish a banking relationship with a bank that allows for payments to the CITY via company check, cashier's check, or money order. Alternatively, LICENSEE, may wire funds and/or ACH directly to the CITY. ARTICLE 4. COMMERCIAL CANNABIS PROJECT. 4.1 Right to Develop. LICENSEE shall, subject to the terms of this AGREEMENT, develop the Property with a commercial cannabis facility in accordance with and to the extent of the Application. The Property shall remain subject to all Subsequent Project Approvals required to complete the Project as contemplated by the Application. 4.2 Effect of AGREEMENT on Land Use Regulations. Except as otherwise provided by this AGREEMENT, the rules, regulations and official policies and conditions of approval Page 8 of 33 governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement, occupancy and construction standards and specifications applicable to development of the Property shall be the Application. Provided, however, that in approving tentative subdivision maps, the CITY may impose ordinary and necessary dedications for rights -of -way or easements for public access, utilities, water, sewers, and drainage, having a nexus with the particular subdivision; provided, further, that the CITY may impose and will require normal and customary subdivision improvement agreements and commensurate security to secure performance of LICENSEE's obligations thereunder. 4.3 Changes to Project. The parties acknowledge that changes to the Project may be appropriate and mutually desirable. The CITY shall act on such applications, if any, in accordance with the Existing Land Use Regulations, subject to the Reservations of Authority, or except as otherwise provided by this AGREEMENT. If approved, any such change in the Existing Development Approvals shall be considered an additional Existing Project Approval. 4.4 Reservations of Authority. Any other provision of this AGREEMENT to the contrary notwithstanding, the Project shall be subject to subsequently adopted ordinances, resolutions ("Subsequent Land Use Regulations" or sometimes referred to as "Reservation of Authority") on the following topics: 4.4.1 Processing Fees imposed by the CITY to cover the estimated or actual costs to the CITY of processing applications for the Project or for monitoring compliance with any requirements for approval, granted or issued, which fees are charged to reimburse the CITY's lawful expenses attributable to such applications, processing, permitting, review, and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection, or entitlement are granted or conducted by the CITY. 4.4.2 Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. 4.4.3 Regulations governing engineering and construction standards and specifications including, any and all uniform codes adopted by the State of California and subsequently adopted by the CITY. 4.4.4 Regulations which may be in conflict with the Development Plan, but which are reasonably necessary to protect the public health and safety; provided, however, the following shall apply: (a) That to the extent possible, such regulations shall be applied and construed so as to provide LICENSEE with the rights and assurances provided in this AGREEMENT. (b) That such regulations apply uniformly to all new development projects of the same uses within the CITY. 4.4.5 Regulations that do not conflict with the Project. The term "do not Page 9 of 33 conflict" means new rules, regulations, and policies which: (a) do not modify the Project, including, without limitation, the permitted land uses, the density or intensity of use, the phasing or timing of the Project, the maximum height and size of proposed buildings on the Property, provisions for dedication of land for public purposes and Development Exactions, except as expressly permitted elsewhere in this AGREEMENT, and standards for design, development and construction of the Project; (b) do not prevent LICENSEE from obtaining any Subsequent Project Approvals, including, without limitation, all necessary approvals, permits, certificates, and the like, at such dates and under such circumstances as LICENSEE would otherwise be entitled by the Project; or (c) do not prevent LICENSEE from commencing, prosecuting, and finishing grading of the land, constructing public and private improvements, and occupying the Property, or any portion thereof, all at such dates and schedules as LICENSEE would otherwise be entitled to do so by the Development Plan. 4.4.6 The CITY shall not be prohibited from applying Subsequent Land Use Regulations that do not affect permitted uses of the land, density, design, public improvements (including construction standards and specifications) or the rate of development of the Development, nor shall the CITY be prohibited from denying or conditionally approving any Subsequent Project Applications on the basis of such Subsequent Land Use Regulations. 4.5 Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of the CITY possess authority to regulate aspects of the Project, separately from or jointly with the CITY, including, but not limited to the Los Angeles County Health Department, the Los Angeles County Fire Department, and the STATE. This AGREEMENT does not limit the authority of such other public agencies. The CITY shall reasonably cooperate with such other public agencies processing Project Approvals. 4.6 Tentative Subdivision Map and Project Approvals Lifespan. The term of any tentative subdivision map shall be in effect for a period of fifteen (15) years, and may be extended pursuant to the provisions of the California Subdivision Map Act (Government Code §§ 66410 et seq.) All Project Approvals shall not expire if LICENSEE commences Substantial Construction of the Project within one (1) year from the Effective Date of this AGREEMENT, which period shall be tolled during any necessary applications for permits or other local entitlements, that are within the control of the Licensee; otherwise, no tolling period.. "Substantial Construction" means the submittal of a building permit in furtherance of the Project. 4.7 Satisfaction of Conditions of Approval. LICENSEE shall comply with any and all conditions of approval for any entitlement, permit, or license it receives from the CITY. 4.8 Subsequent Entitlements. Prior to commencement of construction of the Project, LICENSEE shall be required to submit applications for any and all subsequent entitlements, if any, consistent with the terms and conditions set forth in this AGREEMENT. 4.9 CITY Records Inspection. LICENSEE acknowledges and agrees that the CITY is empowered to examine LICENSEE's books and records. The CITY has the power and authority to examine such books and records at any reasonable time, with seventy-two (72) hours written notice, including but not limited to, during normal business hours; provided however, that, should the CITY elect to examine LICENSEE's books and records more than one (1) time per calendar year, LICENSEE shall only bear the cost of such review in the initial instance, and the costs of any subsequent examination(s) shall be borne solely by the CITY; CITY shall keep all books and Page 10 of 33 records strictly confidential. If the CITY wishes to inspect the areas of the Property where the commercial cannabis activity is being conducted, CITY may do so at any time with no prior notice to LICENSEE. In addition, CITY agrees that all of its employees or agents which enter the [cultivation, manufacturing, distribution, retail] facility shall follow all of the policies and guidelines imposed on LICENSEE's employees, including without limitation, the wearing of any clothing or equipment to ensure that no pests or impurities shall enter the [cultivation, manufacturing, distribution, retail] areas. 4.10 Commencement of Project by LICENSEE. Within six (6) months after the execution of this AGREEMENT, LICENSEE shall commence the submittal of applications for and use entitlements, permits, etc. If LICENSEE fails to apply to CITY for entitlements, permits, etc., within six (6) months from the execution of the AGREEMENT, CITY shall have the right to Termination of the AGREEMENT, and may avail itself of any other remedies, as set forth herein. The CITY, it its sole and absolute discretion, may grant extensions to the LICENSEE to comply with this subsection, provided the LICENSEE demonstrates a good faith attempt to seek entitlements, permits, etc. ARTICLE 5. [COMMUNITY BENEFIT FEE]; ADMINISTRATIVE FEE, JOB CREATION, PERSONAL GUARANTY 5.1 [Annual Community Benefits Fee. LICENSEE agrees to pay the CITY an annual Community Benefits Fee in the amount of one -hundred -seventy-five thousand dollars ($175,000.00), which is based upon the "Premises" as defined by the State. 5.2 Community Benefits Fee Schedule; Annual or Quarterly. The initial Community Benefits Fee is due and payable simultaneously with the issuance of the COO, as defined herein, payable via cashier's check; thereafter, it shall be payable on an annual basis on the anniversary date of this AGREEMENT. However, the Parties my agree to quarterly payments of the Community Benefits Fee; payable in four (4) equal installments, commencing six (6) months after issuance of the COO, and payable quarterly, as set forth in section 3.11, above. 5.3 Reassessment of Community Benefits Fee. The Community Benefits Fee is subject to reassessment by the CITY every five (5) years, after execution of the AGREEMENT. At the end of year five (5), the CITY will set a new Community Benefits Fee which will be applied in years 6 through 10. At the end of year 10, the CITY will set new Community Benefits Fee which will be applied in years 11 through 15. CITY has full discretion, pursuant to public policy, in the determination of the new Community Benefits Fee.] 5.4 Administrative Fee Deposit. The Administrative Fee is a regulatory fee that LICENSEE shall be responsible to compensate the CITY for all of the CITY's Reasonable costs associated with processing, issuance, and compliance of the Project Approvals including, but not limited to, costs associated with the CITY's review, processing, performing investigations, inspections, and audits, administrative enforcement of this AGREEMENT an adjudication thereof including, but not limited to, staff review of Project entitlements, including all environmental clearance documents, permits, licenses and all documents evidencing compliance with state and local law, and consultant and City Attorney Fees. As such, upon submittal of the application to the CITY for Project entitlements, LICENSEE must make an initial deposit of dollars ($ ) with the CITY for the purpose of reimbursing the CITY for any Reasonable costs associated with the Project, as detailed above and reimbursing the CITY for its Reasonable costs incurred in drafting and processing this Page 11 of 33 AGREEMENT. LICENSEE will be liable for the CITY's Reasonable costs incurred in processing future Project approvals and/or applications and compliance by the State or the CITY. CITY acknowledges and agrees that this payment is only a deposit and LICENSEE will be requested to deposit additional funds as needed in increments of Five Thousand Dollars ($5,000.00). LICENSEE agrees that this Administrative Fee is not a tax, but as fee for cost -of -service (see California Constitution, Article XIIIC). 5.5. Project Plan. LICENSEE shall provide a detailed Project Plan if LICENSEE has not already submitted a Project Plan in its Business Plan as part of its CITY Cannabis Permit Application Form. 5.6 Financial Projections. Three (3) years of Financial Projections will be provided with the AGREEMENT. Thereafter annual Financial Projections will be provided on the anniversary of the execution of this Agreement. 5.7 Jobs and Wage Creation. 5.7.1. Local Hiring. LICENSEE agrees to use its Reasonable, good faith efforts to hire qualified CITY residents for jobs at the Project. LICENSEE shall also use Reasonable efforts to retain the services of qualified contractors and suppliers who are located in the CITY or who employ a significant number of CITY residents. The LICENSEE shall comply with the living wage requirement for all employees at the commercial cannabis facility. Unions shall be allowed, and LICENSEE shall not discriminate against such union activity. 5.7.2. Wage Creation. LICENSEE shall make Reasonable, good faith efforts to employ at least forty percent 40%) of the Project's workforce consisting of CITY residents. Such Reasonable, good faith efforts shall include, without limitation, job announcements posted at CITY Hall, along with proof that the job announcements were advertised in at least two (2) newspapers published, printed, or distributed in the CITY and, is applicable, on various social media sites accessible to the general public. In addition, LICENSEE shall make a good faith effort to advertise job announcements at local job fairs and/or on local radio and use any other medium to advertise job announcements to the broadest audience possible. 5.7.3. Status Reports. LICENSEE shall provide the CITY with written annual status reports to monitor compliance with this Section 5.4. Status Report Form to be provided by CITY. 5.8. Penalty for Nonpayment. Failure to pay the quarterly installment fees within thirty (30) days after the due date shall result in a penalty for nonpayment in a sum equal to twenty-five (25%) of the total amount due. The CITY may use all available legal means to collect any unpaid quarterly installment fees, inlcuding, but not limited to contracting with collection agencies, encumvrance of the Licensee's real property, and seeking judgment in court; any unpaid balance will be subject to an additional collection fee of nineteen percent (19%). 5.9. Personal Guaranty [OR PERFORMANCE BONDI. LICENSEE shall execute a Personal Guaranty in favor of the CITY to secure the payment of all fees and taxes associated with this AGREEMENT. The initial amount of the Personal Guaranty shall be [Two -Hundred Fifty Thousand Dollars ($250,000.00)]. Page 12 of 33 ARTICLE 6. DISTRIBUTION, TRANSPORTATION; AND [SELF -DISTRIBUTION] 6.1 Transportation of Commercial Cannabis. Transfers of commercial cannabis goods into and out of the CITY may be completed by a duly licensed commercial cannabis distributor in compliance with MAUCRSA and the BPMC. 6.2 Distribution of Commercial Cannabis. LICENSEE shall distribute its commercial cannabis and commercial Cannabis Products through any duly licensed commercial cannabis distributor in compliance with MAUCRSA and the BPMC. 6.3 (Self -Distribution; Agreement with Distributor(s). LICENSEE and any distributors shall reach their own agreement regarding fees for the distributor's services, if applicable. Self - Distribution. LICENSEE may engage in "Self -Distribution" of commercial cannabis products that are cultivated or manufactured on the Property for a period of five (5) years, provided LICENSEE pays an annual fee of ten thousand dollars ($10,000.00) to the CITY in annual installments of two thousand dollars ($2,000.00), for five (5) years, or one ten thousand dollars ($10,000.00) payment. LICENSEE shall also maintain current a distributor transport permit from the State of California and comply with MAUCRSA. A distributor transport only self -distribution licensee is not permitted to transport cannabis goods cultivated or manufactured by other licensees.] ARTICLE 7. REVIEW FOR COMPLIANCE. 7.1 Periodic Review. The CITY Council shall have the option, in its sole and absolute discretion, to direct the Chief Executive Officer to review this AGREEMENT once every calendar year, on or before each anniversary of the Effective Date, in order to ascertain LICENSEE's good faith compliance with this AGREEMENT. During the Periodic Review, LICENSEE shall be required to demonstrate good faith compliance with all the terms and conditions of the AGREEMENT including good faith towards getting a Certificate of Occupancy. 7.2 Special Review. The CITY Council, in its sole and absolute discretion, may order a special review of compliance with this AGREEMENT by the Chief Executive Officer at any Reasonable time if the Chief Executive Officer is informed and believes that LICENSEE is in default of any terms and conditions of the AGREEMENT. The CITY may also inspect any Property of the LICENSEE associated with the Project, at any time without notice. The failure by LICENSEE to allow entry into the Property or Properties, at any time, shall be deemed a breach of this AGREEMENT and may result in the termination of this AGREEMENT, as originally agreed, or as modified. 7.3 Review Hearing. At the time and place set for the review hearing before the Chief Executive Officer, LICENSEE shall be given an opportunity to be heard. If the Chief Executive Officer finds, based upon substantial evidence, that LICENSEE has not complied in good faith with the terms or conditions of this AGREEMENT, the Chief Executive Officer may: (a) recommend that the City Council terminate this AGREEMENT notwithstanding any other provision of this AGREEMENT to the contrary, or (b) modify this AGREEMENT and impose such conditions as are reasonably necessary to protect the best interests of the CITY, with any Minor Amendment to this Agreement approved by the Chief Executive Officer, and any Major Amendment to this Agreement approved by the City Council. After the Review Hearing, the decision of the Chief Executive Officer shall be appealable to the City Council of the CITY. Any appellate decision of the City Council shall be final, subject only to judicial review. Page 13 of 33 7.4 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special review following a LICENSEE's default, the Chief Executive Officer determines that LICENSEE is in compliance with this AGREEMENT, the CITY shall issue a Certificate of Agreement Compliance ("Certificate") to LICENSEE stating that after the most recent Periodic Review or Special Review and based upon the information known or made known to the Chief Executive Officer, that (a) this AGREEMENT is reinstated in full force and effect and (b) LICENSEE is not in default. The CITY shall not be bound by a Certificate if a default existed at the time of the Periodic Review or the Special Review, but was not disclosed, concealed, or otherwise not known to the City Council of the CITY, regardless of whether the Certificate is relied upon by assignees or other transferees or LICENSEE. 7.5 Failure to Conduct Review. The CITY's delay or failure to conduct a Periodic Review or a Special Review of this AGREEMENT shall not constitute a breach of this AGREEMENT. 7.6 Cost of Review. The costs incurred by CITY in connection with the Periodic Reviews or Special Review shall be borne by the CITY. The LICENSEE is not liable for any costs associated with any CITY Periodic Review or Special Review of this AGREEMENT. ARTICLE 8. EVENTS OF DEFAULT. 8.1 Material Breach of this AGREEMENT. Any of the following events shall be deemed an Event of Default and a material breach of this AGREEMENT: 8.1.1 Final Judgment. The entry of a final judgment (or a decision on any appeal therefrom) voiding the CITY's General Plan or any element thereof, which judgment or decision would preclude development of the Project, but only if the CITY is unable to cure such defect in the General Plan or element within one hundred and eighty (180) days from the later of entry of final judgment or decision on appeal. 8.1.2 Payment of Fees. Failure to timely pay any fees to the CITY, as determined by the CITY in its sole and absolute discretion. 8.1.3 Land use entitlements, permits. Failure to apply for land use entitlements, permits, with the CITY and the State of California, Department of Cannabis Control, within six (6) months after execution of this AGREEMENT. The CITY will grant extensions upon written request and proof of progress in seeking entitlements, permits, etc. 8.1.4 Certificate of Occupancy. Failure to move forward in good faith to obtain a Certificate of Occupancy (COO). 8.1.5 Cure Period. In the event of any material breach of this AGREEMENT, the CITY shall mail a notice to LICENSEE, offering an opportunity to cure the breach, within sixty (60) days. Proof of the cure of the event MUST be presented within the sixty (60) days to CITY; provided, however, that if such material breach is capable of being cured but is of such a nature that it cannot be cured within said time period, then CITY shall not be entitled to terminate this Agreement so long as Licensee is working diligently and in good faith to cure such breach, as determined by CITY in its sole and absolute discretion. Failure to cure within the time set forth herein, shall be grounds for Termination as set forth in Section 3.7, above, at the discretion of the CITY. LICENSEE shall only be entitled a ten (10) day cure period for Automatic Termination as set forth in Section 3.6, above. Page 14 of 33 ARTICLE 9. REMEDIES. 9.1 Remedies in General. It is acknowledged by the parties that the CITY would not have entered into this AGREEMENT if it were to be liable in damages with respect to this AGREEMENT or the Application thereof, except as hereinafter expressly provided. Subject to extensions of time by mutual consent in writing, failure, or delay by either party to perform any term or provision of this AGREEMENT shall constitute a default. 9.2 Event of Default. In the event of alleged default or breach of any terms or conditions of this AGREEMENT, the party alleging such default or breach shall give the other party thirty (30) days' notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured during any such sixty (60) day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings, except for the events detailed in Section 3.6, above, wherein a ten (10) day notice to cure is required. 9.3 Legal or Equitable; Monetary Damages. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this AGREEMENT through any state court, except that the CITY shall not be liable in monetary damages, unless expressly provided for in this AGREEMENT, to LICENSEE, to any mortgagee or lender, or to any successors in interest of LICENSEE, if successors in interest are permitted under this AGREEMENT or mortgagee or lender, or to any other person, and LICENSEE covenants on behalf of itself and all successors in interest, if successors in interest are permitted under this AGREEMENT, to the Property or any portion thereof, not to sue for damages or claim any damages: (i) For any breach of this AGREEMENT or for any cause of action which arises out of this AGREEMENT; or (ii) For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this AGREEMENT, including, without limitation, any impairment or restriction which LICENSEE characterizes as a regulatory taking or inverse condemnation; or (iii) Arising out of or connected with any dispute, controversy or issue regarding the Application or request for a permit for [cultivation, manufacturing, distribution, retail] or interpretation or effect of the provisions of this AGREEMENT. 9.4 Waiver/Release of Claims. LICENSEE hereby agrees to waive and/or release the CITY for any claim or claims or cause of action, not specifically and expressly reserved herein, which LICENSEE may have at the time of execution of this AGREEMENT relating to any Application to the CITY including, but not limited to, any Application for any type of [cultivation, manufacturing, distribution, retail] permit, any Application for any [cultivation, manufacturing, distribution, retail] rights, or any Application for [cultivation, manufacturing, distribution, retail] license from the CITY. Page 15 of 33 CALIFORNIA CIVIL CODE SECTION 1542 The LICENSEE expressly acknowledges that this AGREEMENT is intended to include in its effect, a waiver without limitation, of all claims or causes of actions which have arisen and of which each side knows or does not know, should have known, had reason to know or suspects to exist in their respective favor at the time of execution hereof, that this AGREEMENT contemplates the extinguishment of any such Claim or Claims. The LICENSEE specifically acknowledges and waives and releases the rights granted to LICENSEE under California Civil Code Section 1542, which states as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. By expressly waiving the rights granted to LICENSEE under California Civil Code Section 1542, the LICENSEE represents that they understand and acknowledge that if they have suffered any injury, damage as a result of the Application for or request for any permit from the CITY and (i) they are not presently aware of any damage or injury, or (ii) any damage or injury has not yet manifested itself, any claims for any such damage or injury are forever released and discharged. 9.5 Reservation of Rights — CITY. Nothing herein shall modify or abridge any defenses or immunities available to the CITY and its employees pursuant to the Government Tort Liability Act and all other applicable statutes and decisional law. 9.6 Reservation of Rights — LICENSEE. Nothing contained herein shall modify or abridge LICENSEE's rights or remedies (including its rights for damages, if any) resulting from the exercise by the CITY of its power of eminent domain. Nothing contained herein shall modify or abridge LICENSEE's rights or remedies (including its rights for damages, if any) resulting from the grossly negligent or malicious acts of the CITY and its officials, officers, agents, and employees. 9.7 Limitation of Rights. Except as set forth in the preceding paragraph relating to eminent domain, LICENSEE's remedies shall be limited to those set forth in this Section 9.1, Section 9.2, and Section 9.3. 9.8 Specific Performance. The parties acknowledge that money damages and remedies at law are inadequate, and specific performance and other non -monetary relief are particularly appropriate remedies for the enforcement of this AGREEMENT and should be available to all parties for the following reasons: (i) Except as provided in Section 9.1, money damages are unavailable against the CITY. (ii) Due to the size, nature, and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this AGREEMENT has begun. After such implementation, LICENSEE may be foreclosed from other choices it may have had to use the Property or portions thereof. LICENSEE has invested significant time and resources and performed extensive planning and processing of the Project Page 16 of 33 in agreeing to the terms of this AGREEMENT and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this AGREEMENT, and it is not possible to determine the sum of money which would adequately compensate LICENSEE for such efforts; the parties acknowledge and agree that any injunctive relief may be ordered on an expedited, priority basis. 9.9 Termination of Agreement for Default of the CITY. LICENSEE may terminate this AGREEMENT only in the event of a default by the CITY in the performance of a material term of this AGREEMENT and only after providing written notice to the CITY of default setting forth the nature of the default and the actions, if any, required by the CITY to cure such default and, where the default can be cured, the CITY has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default. 9.10 Attorneys' Fees and Costs. In any action or proceeding between the CITY and LICENSEE brought to interpret or enforce this AGREEMENT, or which in any way arises out of the existence of this AGREEMENT, or is based upon any term or provision contained herein, the "prevailing party" in such action or proceeding shall be entitled to recover from the non -prevailing party, in addition to all other relief to which the prevailing party may be entitled pursuant to this AGREEMENT, the prevailing party's Reasonable attorneys' fees and litigation costs, in an amount to be determined by the court. The prevailing party shall be determined by the court in accordance with California Code of Civil Procedure Section 1032. Fees and costs recoverable pursuant to this Section 8.10 include those incurred during any appeal from an underlying judgment and in the enforcement of any judgment rendered in any such action or proceeding. 9.11 LICENSEE Default. No building permit shall be issued or building permit application accepted for any structure on the Property after LICENSEE is determined by the CITY to be in default of the terms and conditions of this AGREEMENT until such default thereafter is cured by LICENSEE or is waived by the CITY. If the CITY terminates this AGREEMENT because of LICENSEE'S default, then the CITY shall retain any and all benefits, including fees received by the CITY hereunder. 9.12 Additionaland Fines. LICENSEE shall be subjectnot only # the Fees i' initiatedas set forth in the AGREEMENT, but shall also be subject to an additional Collections Fee in the amount of the legal rate of interest is 10% of outstanding balance due to the CITY, which shall be due to the Collections Agency designated by the CITY for any and all collections efforts by payment is not-# i days after request CITY's designated collections agency. 00 a we *1 ` # # # - # • -:r## r• .#•ter � .• - �•# r # Page 17 of 33 ARTICLE 10-l[HIRD PARTY LIl[UGATKON- 101 General Plan Litigation. The CITY has determined that this AGREEMENT is consistent with its General Plan. LICENSEE has reviewed the General Plan and concurs with the C|TY"o determination. The CITY nho|| have no liability under this /\GREEK8ENT, or otherwise, for any failure of the CITY to perform under this AGREEMENT, orfor the inability of LICENSEE to develop the Property as CODt8O0p|@ted by the Project P|@D' which failure LO perform or inability to develop is as the result of judicial determination that the General P|un, or portions 1hereof, are invo|id, inodequate, not in compliance with law, or that this AGREEMENT or any of the C|TY'n actions in adopting it, were invalid, inadequate, Ornot in compliance with |8vv. Notwithstanding the foregoing, neither party shall contend in any administrative or judicial pFOC88diDg that the AGREEMENT or any Project Approval in unenforceable booed upon federo|, state, or local statutes, ordinances, orregulations ineffect onthe Effective Date. 102 Hold Harmless Agreement. LICENSEE hereby agrees to, and shall hold CITY, its elective and appointive boards, commissions, officers, agents, and employees harmless from any liability for damage or u|ainoe for damage for personal injury, including deeth, as well as from o|oinna for property damage which may arise from LICENSEE or L|CENGEE'a uuntnsotona, subcontractors, agenta, or employees operations under this AGREEMENT, whether such operations be by LICENSEE, orbyany ofL|CEN8EE'e oonLnacLore, euboontrac1ore, agents, or employees operations under this /\C3REEK8ENT, whether such operations be by L|CENGEE, or byany ofL|CENSEE'a contnactom, subcontractors, orbyany one or more persons directly or indirectly employed by, or acting as agent for LICENSEE or any of L|CEN8EE'a contractors or subcontractors. LICENSEE agrees tuand aho|| defend CITY and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid operations. 10.3 Indemnification. LICENSEE ahoU dafend, indemnify and hold harmless the CITY and defend its officers, agents, and employees, against and from any and all liabilities, demands, |GVVSUitS. C|8iOOS, 0OVH[OOO8Ot C|8inOS' 8CtiOOS or pnOC80diOgS and COStS and HXpHDS8S iOCid8Ot@| thereto (including costs Ofdefense, settlement and Reasonable attorneys' f89S).which the CITY, its officers, agents, and employees, may suffer, incur, b8responsible for O[pay out @S8result Of OriOconnection with any challenge LOthe legality, validity Oradequacy Ofany Ofthe following: (i) this AGREEMENT and the concurrent and subsequent permits, |iD8nGeS and enUU8rn8ntS @ppFOV8d for the Project Or Property; (ii) if applicable, the HOVin]D08Dt8| impact report, mitigated negative declaration O[negative declaration, 8Sthe case may be, prepared iOconnection with the development of the Property; and (iii) the proceedings or procedure undertaken in connection with the adoption O[approval Ofany permit O[any Ofthe above. |Othe event Ofany legal Orequitable GC[iOD Or other pnDC8ediOQ instituted by 8DyOOH @0@iOSt the CITY, its officers, 8Q8DtS, and 9nop|0y88S, and any third party (including 8 governmental entity Orofficial) challenging the validity of any provision of this AGREEMENT or procedure upon which the permit was issued, or any portion thereof as set forth herein, the parties shall mutually cooperate with each other in defense of said action Or proceeding. Notwithstanding the above, the CITY, at is GO|8 npUon, may tender to LICENSEE, and LICENSEE agrees to accept any such tender of the complete defense, of any third -party challenge as described herein. In the event the CITY elects tOcontract with SpOCiG| counsel to provide for such a defense, the CITY may do so in its sole discretion and LICENSEE will be required to pay the defense costs of the CITY as the costs are incurred. LICENSEE agrees to pay any and all ottorney'a fees orretainer regarding the selection of special counsel, and LICENSEE shall pay all costs and all @ttnrneyS'f9eGrelated toretention ofsuch special counsel. Page 18of 33 10.4 Environmental Contamination. LICENSEE shall indemnify and hold the CITY, its officers, agents, and employees, free and harmless from any liability, based or asserted, upon any act or omission of the LICENSEE, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors, excepting any acts or omissions of CITY as successor to any portions of the Property dedicated or transferred to CITY by LICENSEE, for any violation of any federal, state, or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and LICENSEE shall defend, at its expense, including attorneys' fees, the CITY, its officers, agents, and employees, in any action based or asserted upon any such alleged act or omission. The CITY may in its discretion participate in the defense of any such claim, action or proceeding. The provisions of this Section 9.4 do not apply to environmental conditions that predate the LICENSEE's ownership or control of the Property or applicable portion, which shall be determined exclusively by the CITY. However, the foregoing limitation shall not operate to bar, limit, or modify any of LICENSEE's statutory or equitable obligations as either a LICENSEE or seller of the Property. 10.5 CITY Selection of Counsel. With respect to Sections 10.1 through 10.4, the CITY reserves the right to select its own special counsel or otherwise engages special counsel to defend the CITY hereunder, which fees shall be paid by LICENSEE. 10.6 Acceptance of Reasonable, Good Faith Settlement. With respect to this Article 10, the CITY shall not reject any Reasonable, good faith settlement. Before accepting any such settlement offer, CITY shall notify LICENSEE of the offer and provide LICENSEE with a copy of the settlement offer. If LICENSEE disagrees with the CITY's intention to accept the offer, prior to the CITY's response to any offer, the parties shall meet and confer, in good faith, in order to attempt to resolve the parties' differences. If the CITY does reject a Reasonable, good faith settlement that is acceptable to LICENSEE, LICENSEE may enter into a settlement of the action, as it relates to LICENSEE, and the CITY shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgments rendered in connection with such action. This Section 9.6 applies exclusively to settlements pertaining to monetary damages or damages which are remedial by the payment of monetary compensation. LICENSEE and the CITY expressly agree that this Section 9.6 does not apply to any settlement that requires an exercise of the CITY's police powers, limits the CITY's exercise of its police powers, or affects the conduct of the CITY's municipal operations. 10.7 Administrative Actions. The parties acknowledge that in the future there could be claims, enforcement actions, requests for information, subpoenas, criminal or civil actions initiated or served by either the Federal Government or the State Government in connection with LICENSEE's development, operation, and use of the Property (collectively, "Actions"). The CITY shall not disclose information and documents to the Federal Government or State Government, its officers, or agents regarding any party to this agreement absent a grand jury subpoena, civil or administrative subpoena, warrant, discovery request, summons, court order or similar process authorized under law hereinafter called "Governmental Notice." If any Action is brought by either the Federal or State Government, CITY shall immediately notify LICENSEE of the nature of the Claim including all correspondence or documents submitted to the CITY. Prior to responding to the Governmental Notice, CITY shall provide LICENSEE ten (10) days from the date of such notice subpoena or the like to serve and obtain on the CITY a protective order, or the like, from a court of competent jurisdiction. Page 19 of 33 10.8 Survival. The provisions of Sections 10.1 through 10.7 inclusive, shall survive the termination or expiration of this AGREEMENT, until such time as the uses of the Property established in the Development Plan are permanently terminated. ARTICLE 11. THIRD PARTY LENDERS, ASSIGNMENT & SALE. 11.1 Encumbrances. The parties hereto agree that this AGREEMENT shall not prevent or limit LICENSEE, in any manner, at LICENSEE's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. 11.2 Lender Requested Mod ificationllnterpretation. The CITY acknowledges that the lenders providing such financing may request certain interpretations and modifications of this AGREEMENT and agrees upon request, from time to time, to meet with LICENSEE and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. The CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this AGREEMENT and as long as such requests do not minimize, reduce, curtail, negate or in any way limit CITY's rights under this AGREEMENT. 11.3 Non -Transferable Without CITY Approval. LICENSEE shall not sell or transfer its right, title and interest in this AGREEMENT and any permits, licenses, entitlements, and related benefits, except in full compliance with the transferability provisions in Chapter 128 of the BPMC. ARTICLE 12. MISCELLANEOUS PROVISIONS. 12.1 Amendment of Agreement. This Agreement shall be amended only by mutual consent of the Parties. All amendments shall be in writing and executed by both Parties. The City Council hereby expressly authorizes the Chief Executive Officer to approve a Minor Amendment to this Agreement. A Major Amendment to this Agreement shall be approved by the City Council. The Chief Executive Officer shall, on behalf of CITY, have sole discretion to determine if an amendment constitutes a Minor Amendment or a Major Amendment. Nothing in this Agreement shall be construed as requiring a noticed public hearing, unless required by law. 12.2 Entire Agreement. This AGREEMENT sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly contained herein. 12.3 Severability. If any term, provision, covenant, or condition of this AGREEMENT shall be determined invalid, void, or unenforceable, by a court of competent jurisdiction, the remainder of this AGREEMENT shall not be affected thereby and shall remain in full force and effect to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this AGREEMENT. 12.4. Federal Law. The Parties expressly agree that each Party is strictly prohibited from failing to perform any and all obligations under this Agreement on the basis that this AGREEMENT is invalid, unenforceable, or illegal under federal law. By entering into this AGREEMENT, each Party disclaims any right to tender an affirmative defense in any arbitration Page 20 of 33 or court of competent jurisdiction, that performance under this AGREEMENT is not required because the AGREEMENT is invalid, unenforceable, or illegal under federal law. 12.5 Interpretation and Governing Law. Any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This AGREEMENT shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this AGREEMENT, since all parties were represented by counsel in the negotiation and preparation of this AGREEMENT, and/or were advised to consult counsel and had the opportunity to obtain counsel for the negotiation and preparation of this AGREEMENT. 12.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this AGREEMENT. 12.7 Singular and Plural; Gender, and Person. Except where the context requires otherwise, the singular of any word shall include the plural and vice versa, and pronouns inferring the masculine gender shall include the feminine gender and neuter, and vice versa, and a reference to "person" shall include, in addition to a natural person, any governmental entity and any partnership, corporation, joint venture or any other form of Project entity. 12.8 Time of Essence. Time is of the essence in the performance of the provisions of this AGREEMENT as to which time is an element. 12.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this AGREEMENT by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this AGREEMENT thereafter. 12.10 No Third -Party Beneficiaries. The only parties to this AGREEMENT are LICENSEE and the CITY. This AGREEMENT is made and entered into for the sole protection and benefit of the parties and their successors and assigns. There are no third -party beneficiaries, and this AGREEMENT is not intended, and shall not be construed, to benefit, or be enforceable by any other person whatsoever. 12.11 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 12.12 Counterparts. This AGREEMENT may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 12.13 Jurisdiction and Venue. Any action at law or in equity arising under this AGREEMENT or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this AGREEMENT shall be filed and prosecuted in the Superior Court of the County of Los Angeles, State of California, and the parties hereto waive all provisions of federal or state law or judicial decision providing for the filing, removal or Page 21 of 33 change of venue to any other state or federal court, including, without limitation, Code of Civil Procedure Section 394. 12]4 It is specificallyunderstood and agreed bvand between the parties hereto that the development of the Project is a private deve|opment, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this AGREEMENT. No partnership, joint venture or other association of any kind is formed by this AGREEMENT. The only relationship between the CITY and LICENSEE is that of government entity regulating the development of private property and the LICENSEE of such property. 1215 Further Actions and Instruments. Each ofthe parties aho|| cooperate with and provide Reasonable assistance tuthe other Lothe extent contemplated hereunder inthe performance of all obligations under this AGREEMENT and the satisfaction of the conditions of this AGREEMENT. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this AGREEMENT to carry out the intent and to fulfill the provisions of this AGREEMENT or to evidence or consummate the transactions contemplated by this AGREEMENT. 1218 Eminent Domain. No provision Ofthis AGREEMENT shall beconstrued tOlimit Or restrict the exercise by the CITY of its power of eminent domain. 12.17 Agent for Service of Process. In the event LICENSEE ienot aresident ofthe State Of California or it is an @SSOC8UOD. partnership Or joint venture without G member, partner Or joint venturer, resident of the State Of California, Or if it is G foreign C0rpOn8U0n. then LICENSEE shall file, upon its execution of this AGREEMENT, with the Chief Executive Officer or his or her designee, upon its execution of this AGREEMENT, a designation of a natural person residing in the State of California, giving his or her name, residence and Project addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this AGREEMENT, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon LICENSEE. |ffor any reason service Ofsuch process upon such agent is not feasible, then in such event LICENSEE may be personally served with such process out of the County of Los Angeles and such service shall constitute valid service upon LICENSEE. LICENSEE is amenable tothe process so daeoribed, submits to the jurisdiction 0fthe Court SOobtained, and waives any and all objections and protests thereto. 12.18 Authority to Execute. The person orpersons executing this AGREEMENT on behalf OfLICENSEE warrants and represents that h8/Sh8/Ul8yhave the authority tOexecute this AGREEMENT on behalf of his/her/their corporation, partnership or Project entity and warrants and represents that he/She/theyhas/have the authority tObind LICENSEE tOthe performance Of its Ob|iQ8dOOS hereunder. LICENSEE Sh8|| each deliver to CITY OD eX8CudOO of this AGREEMENT a certified copy of a resolution and or minute order of their respective board of directors or appropriate governing body authorizing the execution of this AGREEMENT and D8DliDg the officers that are authorized to execute this AGREEMENT OO its behalf. Each individual executing this AGREEMENT on behalf of his or her respective company or entity shall represent and warrant that: Page 22 of 33 (i) The individual is authorized to execute and deliver this AGREEMENT on behalf of that company or entity in accordance with a duly adopted resolution of the company's board of directors or appropriate governing body and in accordance with that company's or entity's articles of incorporation or charter and bylaws or applicable formation documents; and (ii) This AGREEMENT is binding on that company or entity in accordance with its terms; and (iii) The company or entity is a duly organized and legally existing company or entity in good standing; and (iv) The execution and delivery of this AGREEMENT by that company or entity shall not result in any breach of or constitute a default under any mortgage, deed of trust, loan agreement, credit agreement, partnership agreement, or other contract or instrument to which that company or entity is party or by which that company or entity may be bound. 12.19 Nexus/Reasonable Relationship Challenges. LICENSEE agrees that the fees imposed are in fact Reasonable and related to the mitigation of the negative impacts of the Project on the CITY and consents to, and waives any rights it may have now or in the future to challenge the legal validity of, the conditions, requirements, policies or programs set forth in this AGREEMENT including, without limitation, any claim that the terms in this AGREEMENT constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, and/or impose an unlawful tax. 12.20 No Damages Relief Against CITY. The parties acknowledge that the CITY would not have entered into this AGREEMENT had it been exposed to damage claims from LICENSEE, its agents, officers, employees, or anyone acting on behalf of LICENSEE for any breach thereof. As such, the parties agree that in no event shall LICENSEE, or LICENSEES' agents, officers, employees, partners, or anyone acting on behalf of LICENSEE be entitled to recover damages against CITY for breach of this AGREEMENT. 12.21 Laws. LICENSEE agrees to comply with all applicable state, regional, and local laws, regulations, polices and rules. In addition, LICENSEE further agrees to comply with all issued entitlements, permits, licenses, including any and all applicable development standards. Specifically, LICENSEE agrees to comply with all applicable provisions of BPMC. 12.22 Compliance with Conditions of Approval. LICENSEE agrees to comply with and fulfill all conditions of approval for any and all entitlement, permits, and/or licenses it receives from the CITY. All conditions of approval for all entitlements, permits and/or licenses are attached hereto and incorporated herein by this reference. 12.23 Consistent with State and Federal Regulations. The CITY acknowledges that this AGREEMENT shall be read consistent with any statewide or national regulation of commercial cannabis that is promulgated in the future, either by legislative action or voter approval. In the event national or statewide regulations are promulgated which decriminalize or legalize the adult -use of marijuana for recreational use, this AGREEMENT shall govern the conduct of the property under such future regulations. Page 23 of 33 12.24 Compliance with Applicable Laws. LICENSEE shall comply with all applicable laws, ordinances, administrative regulations, and permitting requirements in carrying out its obligations under this Agreement. 12.25 Necessary Acts. Each Party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of the Agreement and the intent of the Parties to the Agreement. 12.26 Consultation with Counsel. The Parties have entered and executed this Agreement freely and voluntarily based on their own independent judgment, after consultation with their respective counsel, and without duress, coercion, or undue influence of any kind. 12.27 Superseding Clause. This AGREEMENT supersedes any and all other agreements or contracts, either oral or written, between the parties with respect to the subject matter herein. DOCUMENTS ATTACHED The following documents are attached to and, by this reference, are made part of this AGREEMENT: No. 1 — Legal Description of the Property and/or Properties No. 2 — Map showing Property and its or their location(s) No. 3 — CITY Cannabis Permit Application Form No. 4 — Landlord Consent No. 5 — Personal Guaranty No. 6 -- Project Plan No. 7 —Three years revenue projections from date of execution of AGREEMENT No. 8 — California State License Type , when issued by the DCC. No. 9- Checklist for Determination of Renewal of AGREEMENT by CEO (per § 3.4, herein) [Signatures on next page] Page 24 of 33 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed as of the dates written above. Is Emmanuel J. Estrada, Mayor LICENSEE By: Title: A TTES T.- By: City Clerk Approved as to Form: By: Julia Sylva, Special Counsel Commercial Cannabis Activity, City of Baldwin Park Approved as to Form: IN Name: Title: Page 25 of 33 No. 1 - Legal Description of the Property and/or Properties Common Address: :M Assessor's Parcel Number: TBD Page 26 of 33 No. 2 — Map showing Property and its or their location(s) Page 27 of 33 No. 3 — CITY Cannabis Permit Application Page 28 of 33 No. 4 — Landlord Consent, if applicable Page 29 of 33 No. 5 — Personal Guaranty/Performance Bond Page 30 of 33 No. 6 — Proiect Plan Page 31 of 33 No. 7 — Financial Projections Page 32 of 33 State License Type: TBD No. 5 — California State License Types Page 33 of 33 ITEM NO. 9 STAFF REPORT TO: Honorable Mayor and Members of the City Council HI�B of rH FROM: Sam Gutierrez, Director of Public Works s;GAg'E` PREPARED BY: Yovanni Viramontes, Associate Engineer DATE: September 20, 2023 SUBJECT: Accept and Approve Plans and Specifications and Award of a Construction Contract and a Consultant Agreement for City Project No. CIP 20-129 San Gabriel River Bikeway Greening Project, Ph. II Including Non - Infrastructure Components SUMMARY This item will accept and approve plans and specifications and award a construction contract for the City Project No. CIP 20-129 San Gabriel River Bikeway Greening Project, Ph. II (Project), in the amount of $1,929,498.75 to Grifith Company from Brea, CA. This item will also approve a Consultant Agreement with Tripepi Smith and Associates (TSA), for non -infrastructure components including the programming and outreach of bike events for the Project, in the amount not to exceed $104,000. This Project is listed in the approved Fiscal Year 2022-2023 Capital Improvement Program (CIP 20-129) budget. The Project is phase 2, which includes landscaping, irrigation, installation of fencing, and gateway connection to Walnut Creek Nature Park, along the San Gabriel River Wash from Ramona Blvd to Baldwin Park Blvd. RECOMMENDATION Staff recommended that the City Council: 1. Accept and Approve Project Plans and Specifications for City Project CIP 20-129; and, 2. Approve and award the construction contract to Grifith Company, of Brea, CA in the amount of $1,929,498.75; and, 3. Approve a Consultant Services Agreement (CSA) with Tripepi Smith and Associates for the non - infrastructure components such as programming and community outreach, in the amount not to exceed of $104,000; and, 4. Authorize the Director of Public Works to negotiate and execute an agreement with the City's on -call consultants for Construction Management and Inspection Services; and, 5. Authorize the Director of Finance to appropriate Funds from Fund 245 (Proposition C) in the amount of $343,693.23, Fund 256 (SB1) in the amount of $250,000, Fund 270 (Grant Funds - ATP Cycle 3 — Non infrastructure) in the amount of $104,000, and Fund 270, (Grant Funds - RMC Prop 68) in the amount of $993,790.00; and, 6. Authorize the Mayor and City Clerk to execute the construction contract with Grifith Company and (CSA) with Tripepi Smith, for CIP 20-129 — San Gabriel River Bikeway Greening Project, PH. 11. Including non -infrastructure components. FISCAL IMPACT The project be funded by State Prop 68 RMC and ATP grants on a reimbursement basis which will be front -funded by the General Fund Reserve. During the construction phase of the project, staff will seek progressive reimbursement request ensuring that there will be a net zero impact to the General Fund. Page 1 / 5 The following table lists the funds available for CIP 20-129 project. Additional appropriations from SB1 and Grant Funds, will be necessary to meet the total estimated project cost as shown below: Estimated Construction Costs Amounts Construction Contract $ 1,929,498.75 Consultant Services Agreement $ 104,000.00 Permitting, Construction Management, Inspection and Contingency 12% $ 231,539.85 Total Construction Budget $ 2,265,038.60 Approved Funds Amounts 245-50-520-58100-15093 - Proposition C $ 555.37 270-50-520-58100-15093 - Grant Fund ATP Cycle 3 $ 573,000.00 Total Construction Budget $ 573,555.37 Additional Appropriations Amounts 245-50-520-58100-15093 - Proposition C $ 343,693.23 256-50-520-58100-15093 - S131 $ 250,000.00 270-50-520-58100-15093 - Grant Funds ATP Cycle 3 — Non infrastructure $ 104,000.00 270-50-520-58100-15093 - Grant Funds (RMC Pro 68 $ 993,790.00 Total Construction Budget $ 2,265,038.60 BACKGROUND The Project is Phase II and a continuation of Phase I of the City Project No. CIP 19-41- San Gabriel River Commuter Bikeway Trail. In Phase I, the project included the construction of a Class 1 Bikeway along the San Gabriel River from Ramona Boulevard to the Walnut Creek Wash and connection to Walnut Creek Nature Park. The project included the paving along the bikeway trail, ADA ramp and sidewalk enhancement. Phase I was awarded on June 1, 2021, and expected to be completed in October 2023. Phase II of the Project includes all landscaping and irrigation improvements along the Bikeway Trail. In February 2021, City Council approved the request for services from the city's on -call consultant, Infrastructure Engineers, Inc. for the Civil Design Services for the Project. Infrastructure Engineers was tasked with the preparation and completion of plans, specifications, and construction estimate (PS&E). In November 2021, The Public Works Director executed an additional task order for the preparation of Environmental Documents for the Project. Environmental documents included the preparation of CEQA and NESMI reports to be approved by Caltrans, per the ATP Cycle 3 grant requirements. The NESMI Report was prepared by a qualified biologist and the report consisted of plant species, botanical surveys, and clearly written understanding of the environmental laws for determining any potential impacts to multijurisdictional agencies such as USACE (United States Army Corps of Engineers), California Department of Fish and Wildlife (CDFW), and the Regional Water Quality Control Boards (RWQCB) of California. Also in 2021, the City of Baldwin Park applied for a climate resiliency grant funded from Propositions 1, 68, and 84 for the purposes of advancing the policies and priorities of the Rivers and Mountains Conservancy. The mandate of the grant is to provide for the public's enjoyment and enhancement of recreational and educational experiences on public lands in the San Gabriel Watershed and Lower Los Angeles River, and the San Gabriel Mountains in a manner consistent with the protection of lands and resources in those watersheds. The City's ATP and Proposition 68 Statewide Park grant were used as funding leverage which contributed to the RMC's decision to select the project for funding in the amount Page 2 / 5 of $993,790. Subsequently, On February 14, 2022, a grant agreement was executed with the RMC and the grant was allocated as supplemental funding for the Project. On March 17, 2022, the California Transportation Commission's (CTC), allocated State funds through its Active Transportation Program (ATP Cycle 3) for the construction of the San Gabriel Commuter Bike Path Greening Project. The allocated amount, totaling $677,000, included two (2) State Grants: ATPLNI-5323(038) for non -infrastructure work and ATPL-5323(039) for construction. As a condition for the State to reimburse grant funds, the City executed a Program Supplement Agreements ATPLNI-5323(038) and ATPL-5323(039), which contain specific technical information such as detailed costs, scope, schedule, payments, reports, and other aspects of the project. The PSAs will incorporate the project into the new Master Agreement No. 07-5323521 for the City to commence expenditures on the project and to invoice the State on a reimbursement basis. On May 4, 2022, the City Council executed Resolution No. 2022-018 approving master agreement No. 07-5323521 with the State of California and executing program supplement agreements OOOOOA006 and No. OOOOOA007 to administer Grant funding for ATPLNI 5323(038) and ATPL 5323(039). Grant funding ATPLNI 5323(038) will be used for non -infrastructure project components for outreach, education, encouragement, and evaluation of programs administered through -out the project area. Grant funds related to ATPL 5323(039) will be used for construction items. The project scope is consistent with program requirements provided in the Active Transportation Program (ATPLNI Cycle 3): Non -Infrastructure Program Expenditure and Cost Guidance document that covers a wide variety of project types, including non -infrastructure (NI) — education, encouragement, and enforcement activities that further the goals of the ATP. Non -infrastructure programs include those benefiting school students, older adults, or entire communities. Non -infrastructure projects may utilize existing best practices. The consultant will perform certain services necessary for completion of the NI portion of the project, which include strategic development, social media management, press releases, web hosting and support, content generation, graphics videos and any other marketing or public affairs tasks assigned by the City. On August 14, 2023, The San Gabriel River Greening Project Plans and Specifications were competed and a notice inviting bids was published in a local newspaper, construction journals, and on the City's PlanetBids online portal. DISCUSSION On July 7, 2021, a list of consultants for communications and social media services was brought to the City Council for approval. A request for proposals (RFP's) was advertised and posted on the City's website. As a result of the RFP, Trepepi Smith and Associates was selected as City's on -call public relations consultant. In a subsequent meeting City Council directed staff to negotiate an agreement with Tripepi Smith & Associates which was later presented and approved by City Council on October 20, 2021 for Communication and Social Media Services. Having recently undergone through the RFP process, Tripepi Smith and Associates (TSA) is an ideal consultant that can provide the services required by the ATPLNI-5323 (038) Non -infrastructure work, which eliminates the need to perform duplicative work with a new RFP process in selecting a consultant to provide the outreach, communication, and tasks for the non -infrastructure work for the ATP Cycle 3 grant. TSA will be partnering with Active SGV, a non-profit advocacy group specializing in bicycle, pedestrian, and active transportation programs, in the San Gabriel Valley. TSA will produce community outreach, Page 3 / 5 develop communication materials, education materials, and general project management. Active SGV will be performing the active transportation tasks including, but not limited to, setting up events to teach the public bike safety, setup checkpoints, perform bicycle and pedestrian counts, community walking and bike audits, and develop a Youth Earn -a -Bike Program. The project is state funded by project No. ATPLNI 5323-038 in the amount of $104,000. On September 7, 2023, a total of six (6) bids were received, checked for errors, and were determined to be valid. There was an error on the bid received by Kasa Construction, resulting in an additive bid of $46,728,994.00, due to discrepancy in the written and number for one of the bid items. The following is a summary of the bids received: No. Contractor Location Base Bid Additive Bid Total Base + Additive Bids 1 Grifith Company Brea, CA $ 1,929,598.75 $ 1,306,624.70 $ 3,236,123.45 2 FS Contractors Sylmar, CA $ 2,106,204.10 $ 2,037,929.00 $ 4,144,133.10 3 . Legacy Construction, C.S. Walnut, CA $ 2,284,361.93 $ 1,256,706.36 $ 3,541,068.29 4 Kasa Construction, Inc. Chino, CA $ 2,420,425.75 $ 46,728,994.00 $ 49,149,419.75 5 Los Angeles Engineering, Covina, CA $ 2,630,000.00 $ 2,222,000.00 $ 4,852,000.00 6 CWS Systems Inc. I Pasadena, CA 1 $ 2,769,714.67 1 $ 1,170,271.40 1 $ 3,939,986.07 The lowest responsive and responsible bid was from Grifith Company of Brea, CA. The total base bid is in the amount of $1,929,598.75, which includes all improvements required by the RMC grant including the installation of amenities such as wind sculpture, benches, hydration station, bicycle repair stations, trash receptacles, lighting, cameras, signs, and landscaping and irrigation improvements. The additive bid for the project is in the amount of $1,306,624.70 which includes additional grading and soil preparation for landscaping and irrigation improvements between the entrance on Ramona Blvd. and the first 6,600 feet of bike trail. In order to save costs for the planting of grasses in the first 6,600 feet of trail, this was separated as an additive bid. If awarded, the project will be awarded for the base bid amount of $1,929,598.75. Staff has checked and verified references and recommends that the City Council move forward with the award of contract with Grifith Company for this project. ALTERNATIVES The City Council may choose: 1. Not to award the construction contract or the consultant services agreement at this time. This action is not recommended since the ATP Grant funds for Non- Infrastructure and Construction are subject to lapse in September 2023, which will result in the loss of $677,000 that would otherwise be used to fund the construction, programming, and outreach for the greening of the San Gabriel River Bikeway Trail Project Phase 2; or, 2. Provide Staff with alternative direction. CEQA REVIEW The subject San Gabriel River Commuter Bikeway Project is exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 (Section 15201, Existing Facilities), subsection (c) exemption, which includes the repair, maintenance, and/or minor alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety) The key consideration for a Class 1 exemption is whether the project involves negligible or no expansion of an existing use. Page 4 / 5 LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Contract Agreement with Grifith Company 2. Consultant Services Agreement with Tripepi Smith Page 5 / 5 N V THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this - 20 day of ____.§�m�ber , 2023 by and between the CITY OF BALDWIN PARK, a municipal corporation, (herein "City") and Grifith CoM2pEy (herein "Contractor"). The parties hereto agree as follows: A. The City requires storm drain system, construction surveying & staking, striping and signing, traffic control, landscaping, irrigation, wind sculpture, monument signs, paved rest areas, seat wall, gate, tubular fence, hand rail, stairs, chainlink fence and split gate, CCTV and solar LED lighting. Contractor has represented to the City that Contractor is qualified N& perform said services and has submitted a proposal to the City for the same. B. The City desires to have Contractor perform said services on the terms and conditions set forth herein. NOW, THEREFORE, based on the foregoing Recitals and for good and valuabl't consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows: 1.1 Scope of Services — In compliance with all terms and conditions of this Agreement, the gvLd T_P_cXA�-__z1_?r_o_visio_ns which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good ,ruality, fit for the purpose intended. 1.2 Documents Included in Contract — This contract consists of the Notice Inviting Bids ani Instructions to Bidders, Bid Documents, Proposal Schedule, Bid Bond (Bidder's Guarantee), Designation of Sub -contractors, Statement of Non -collusion by Contractor, Certification of Principal, Supplemental Information, Specifications, Plans, this Contract Services Agreement, Faithfu' Performance Bond, Labor and Materials Bond, Warranty Bond, Guarantee, Tax Identification Form, Workers' Compensation Certification, and any and all schedules and [am attachments to it which are incorporated as if fully set forth herein. In the event of an inconsistency, this Agreement shall govern. 1.3 Compliance with Law — All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees, • Assessments — Contractor shall •. at its sole • and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, it'. he Contracto,'s erformance M MMMER.WTIMM. EnUMMETUTMEMITs—i MM MIUMM"s ($ 1,929,498.75 (here "Contract Sum"), except as provided in Section 1.8. The Contract Sum shall include t attendance of Contractor at all project meetings reasonably deemed necessary by the Cit Contractor shall not be entitled to any additional compensation for attending said meetings. W! 2.2 Progress Payments - Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 7.3 of this Agreement for retention of funds. 3. PERFORMANCE SCHEDULE 3.1 Time of Essence —Time is ofthe essence in the performance of thisAgreement. 3.2 Schedule of Performance — Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "A", if any, and incorporated herein by this reference. When requested by the Contractor, the Contract Officer may approve extensions to the time period(s) specified in the Schedule of Performance in writing. 3.3 Force Majeure — The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term — Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. A r TANgNim 4.1 Representative of Contractor — The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its MI iehalf with respect to the work specified herein and make all decisions in connection therewito7 -Tffv 3050 East Birch St Brea, CA 92821 W" any time or in any manner represent that it or any of its sub -contractors, agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor. 4.5 Identity of Persons Performing Work — Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 Utility Relocation — City is responsible for removal, relocation, or protection of existing main or trunk line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 4.7 Trenches or Excavations — Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply. Contractor shall promptly, and before the following conditions are disturbed, notil City, in writing, of any: (1) material that Contractor believes may be material that hazardous waste, as defined in Section 25117 of the Health and Safety Code, that required to be removed to a Class 1, Class 11, or Class III disposal site in accordan with provisions of existing law; (2) Subsurface or latent physical conditions at the si different from those indicated; or (3) Unknown physical conditions at the site of unusual nature, different materially from those ordinarily encountered and gene recognized as inherent in work of the character provided for in the contract. I City shall promptly investigate the conditions, and if it finds that the conditions cM materially so differ, or do involve hazardous waste, and cause a decrease or increa in Contractor's cost of, or the time required for, performance of any part of the w 01 shall issue a change order per Section 1.8 of this Agreement. c) That, in the event that a dispute arises between City and Contractor whether tm- conditions materially differ, or involve hazardous waste, or cause a decrease increase in Contractor's cost of, or time required for, performance of any part of t work, Contractor shall not be excused form any scheduled completion da I provided for by the contract, but shall proceed with all work to be performed undil the contract. Contractor shall retain any and all rights provided either by contract o I NOMIC, by law, which pertain to the resolution of disputes and protests between the contracting parties. 5.1 Insurance — The Contractor shall procure and maintain, at its sole cost and expense, in ? form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: Comprehensive General Liability $2 000 000 per occurrence combined single Insurance (including premises and W;it operations) Contractual Liability Insurance $2,000,000 limit Products LiabW Insurance C I omprehensive Automobile Liability $2,000,000 per occurrence combined single Insurance (includes owned, non - limit owned, and hired automobile hazard Professional Liability Insurance $2,000,000 limit (providing for a one-year discovery period) rk' W oers Statutory $2,000,000 per occurrence Compensation/Employers' CONDITIONS: In accordance with Public Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of "A" minus or better. This insurance shall not be canceled, limited in scope or coverage or non -renewed until after thirty (30) days prior written notice has been given to the City Engineer, City of Baldwin Park, 14403 East Pacific Avenue, Baldwin Park, California 91706. Any insurance maintained by the City of Baldwin Park shall apply in excess of and not combined with insurance provided by this policy. The City of Baldwin Park, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds. Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's M company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements, is indeed authorized to do so by the insurance dmxr . If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting froin Contractor's or its sub -contractor's performance of the work covered under this Each contract between the Contractor and any sub -contractor shall require the sub- contractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1. 5.2 Indemnification — Contractor shall indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, sub- contractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the City, its officers, agents or employees, and in connection therewith: a) Contractor will defend any action or actions filed in connection with any of sal claims or liabilities and will pay all costs and expenses, including legal costs a attorneys' fees incurred in connection therewith; b) Contractor will promptly pay any judgment rendered against the City, its office agents or employees for any such claims or liabilities arising or alleged tc I MIR of or in connection with Contractor's (or its agents', employees', sub -contractors', or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City. d) Contractor's duty to defend and indemnify as set out in this Section 5.2 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous • Account Act, the • Hazardous Waste Control Law •: the Porter -Cologne Water Quality Control Act, as any of those statutes may be aitended from time to time. The Contractor's indemnification obligations • to this Section 5.2 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all 5.3 Labor and Materials, Performance and Warranty Bonds — • with execution • this Agreement, Contractor shall deliver to City a labor and materials bond, a performance bond and a warranty bond, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall • unconditional and remain in force during the entire term of the Agreement and shall be null and void • if the Contractor promptly • faithfully performs all terms and condons of this Agreement. 1.4 Sufficiency of Insurer or Surety — Insurance or bonds required by this Agreement shall be g,atisfactory only if issued by companies qualified to do business in California, rated "A" or better .n the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal HE* Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager. 5.5 Substitution of Secures — Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder. 6. RECORDS AND REPORTS 6.1 Reports — Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned is the cost of it and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records — Contractor shall keep, and require sub -contractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of Documents — All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, sub -contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. NIM Contractor may retain copies • such documents for its • use. Contractor shall have an unrestricted right to use the concepts embodied therein. All sub -contractors shall provide for e**vnwd"_ band in the event Contractor fails • secure such assignment, Contractor shall indemnify City for all damages resulting • MR mm fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. RRUINMUMI 8.1 Non -liability of City Officers and Employees — No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or • • the City • for any amount which may become • to the Contractor • to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict • Interest — The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination — Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. To the extent required by law, contractor shall take affirmative action to insure that •r are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, • ancestry. 9.1 Notice - Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the US Mail, prepaid, first-class mail, return receipt requested, addressed as follows: To City: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, California 91706 Attention: City Engineer To Contractor: Griffith CoMoanv 3050 East Birch Street Brea, CA 92821 • gar artinez &.2 Interpretation — The terms of this Agreement shall be construed in accordance with the - meaning • the language used and shall not • construed • • .•. either • • reason RIM mm with all such laws, ordinances and regulations. Neither the City, nor their officers, agents, or employees shall be liable at law or in equity as a result of the Contractor's failure to comply with this section. 9.9 Termination for Convenience —The City may terminate this Agreementwithout cause for convenience of the City upon giving contractor 30 days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work • to the Agreement. Upon such termination by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation: 1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor. 2. Actual move -off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on -site construction office for supervising the mover -off. 3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments. 4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications, which were a part of the Agreement. The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specification, addendums or other #• which are • may become a part of this Agreement. City and Contractor agree that the provisions of this paragraph are a substantive part of the consideration for this Agreement MW IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CONTRACTOR: ,,,,Ear Martinez By: S ig, �ptyre. "iitle " Division an er 4 Addr�s "3050 East Birch Street Brea, CA 92821 By: City Clerk EMMUM (Print Name) Signature: Title: CITY OF BALDWIN PARK, a municipal corporation M UT000=40:4 BYWA 110i lei :4 1& TRIPEPI SMITH TABLE OF CONTENTS TRIPEPI SMITH INTRODUCTION Thank you for the opportunity to present Tripepi Smith's services in response to the City of Baldwin Park's need for education and outreach related to the City's Active Transportation Program. Tripepi Smith is proposing to deliver these services in partnership with a subcontractor, ActiveSGV (www.activesgv.org) — a nonprofit specializing in active transportation issues and services. Tripepi Smith is a team of more than 50 communications experts —robust enough to offer experienced and effective professionals for the job, yet small enough to be nimble and responsive. Tripepi Smith offers a spectrum of skills that allows us to match the appropriate resource to the task at hand, letting us execute faster and reduce engagement costs. These resources vary by both years of experience and core hard skills (graphic design versus videography versus writing versus social media versus workshop facilitation, for example). The result: we have the capacity to conduct outreach to the public across a range of platforms. Tripepi Smith is a force multiplier for the communication operations of agencies across California. From Napa to Duarte to Coronado and out to Indian Wells, Tripepi Smith is actively working with over one hundred public agencies. We gain insights from the breadth of this client work and apply that knowledge to our work with each client. Tripepi Smith looks forward to the opportunity to continue our partnership with the City of Baldwin Park. Regards, Ryder Todd Smith Co -Founder & President Tripepi Smith ryder@tripepismith.com (626) 536-2173 Fax: (949) 679-8371 PO Box 52152, Irvine, CA 92619 Ryder is the contact person throughout the proposal evaluation period. TRIPEPI SMITH DECLARATIONS Authorization As co-founder and president of Tripepi Smith, I am qualified to enter into agreements with the City of Baldwin Park and to make the statements on behalf of the firm. This proposal is valid for ninety (90) days from September 12, 2023. Insurance certificates will be provided prior to contract execution. Tripepi Smith routinely provides insurance certificates to prove we meet the contracting requirements of public agencies throughout California. We are willing and able to comply with the insurance requirements. Incorporation Founded in 2000 and incorporated in 2002 as a California S Corporation, Tripepi Smith is based in Orange County. FEIN: 73-1642614 California Business License: C2414674 Tripepi Smith states that: • It can legally conduct business in the state of California and in the City of Baldwin Park, California. • It has not colluded in any fashion with other respondents which would restrict or eliminate competition. • No employee or official of the City of Baldwin Park has a material or monetary interest in this contract. • It is not aware of any other actual or potential conflict of interest related to this proposal and the projects being implemented. Conflict of Interest Disclosure and Ethics Tripepi Smith operates in a complex marketplace that is more political than most industries. As a result, conflicts of interest (real or perceived) can arise. The first and foremost obligation of Tripepi Smith is to outline all existing client relationships to prospects so as to let the prospect determine if a conflict exists. At this time, Tripepi Smith does not see any conflicts with our client work and the City of Baldwin Park. To read more about Tripepi Smith's commitment to ethics: https://www.tripepismith.com/about-us/#ethics TRIPEPI SMITH RELATED FIRM EXPERIENCE Tripepi Smith has been working in local government communications for over ten years and has a strong track record of success on a range of projects, including: public education and outreach related to air and water quality, revenue measure education, COVID-19 crisis communications, economic development advertising campaigns, branding projects, community choice aggregation launch efforts and district formation/redistricting programs. Tripepi Smith is engaged by the City of Lancaster to aid in communications for its SEE AND BE SEEN program(www.cityoflancasterca.org/seeandbeseen) and other active transportation program elements. The work has included regular social media content development, webpage content updates, metrics analysis and reporting, press release development, and e-newsletter development. • Project Team: Principal Jennifer Nentwig, Business Analyst Skyler Addison, Junior Business Analyst Kiran Kruse • Date of Engagement: August 2020 - Ongoing 2. The City of Orange hired Tripepi Smith to conduct SB 1383 education and outreach regarding SB 1383 for residents and businesses. The work has included and will include: content development for social media, web, and print materials; design and creation of collateral including a postcard, vertical banner, and stickers; and three in -person workshops for targeted stakeholder groups. Project Team: Principal Jennifer Nentwig, Senior Business Analyst Sara Madsen, Business Analyst Kylie Sun, Subcontractor Michael Balliet Consulting Date of Engagement: May 2022 - Ongoing 3. Tripepi Smith is engaged by the City of Lomita to aid in communication and public outreach for Lomita Water and other general City communications. The work has included: SB 1383 public education and outreach, public tours of the water facility, development of Lomita's Consumer Confidence Report, billing inserts, news article development, social media management related to Lomita Water and COVID-19, e-news alerts, Lomita Water website management, development of a stand-alone COVID-19 information portal website, City of Lomita website redesign and a stock photoshoot. • Project Team: Principal Ryder Todd Smith, Principal Jennifer Nentwig, Senior Business Analyst Sara Madsen, Business Analyst Kevork Kurdoghlian, Junior Business Analyst Noelle Feaster, Junior Business Analyst Kayla Cao • Date of Engagement: August 2016 - Ongoing TRIPEPI SMITH COMPANY OVERVIEW Public Affairs Firm that Understands Local Government Tripepi Smith excels at public affairs. We work in a complex environment where successful communications go hand -in -hand with marketing and technical expertise. As a full -service marketing and creative services firm, Tripepi Smith delivers content and design tailored for local government, public agencies, nonprofits and private companies —each strongly represented in our client list. 1 Grounded in Civic Affairs Zli t�l Co -Founder and CFO Nicole Tripepi Smith is a second -generation civic affairs professional (her father was a city manager for 28 years), and Co -Founder and President Ryder Todd Smith brings over a decade of public agency marketing and communications experience to the table. Implementing Strat and Engagingfences Tripepi Smith recognizes the important interplay of public affairs and design. It's about presenting ideas that advance communities and public institutions. An important corollary to this is providing the creative services that can build materials to engage audiences and make ideas resonate. Tripepi Smith's multi -faceted design team enables us to reach these goals and lead effective creative strategy. TRIPIEPI SMITH 4 Strategic Tripepi Smith is a provider of technology, communications and public affairs services. We leverage our skills and experiences in each of these areas to deliver efficient, technologically driven communication solutions that reflect our deep understanding of local government. Our team has a strong record of working with public agencies, joint powers authorities and not - for -profit organizations throughout California to better engage and connect with their stakeholders and community. Creative Tripepi Smith's creative professionals have worked with public and private clients on imagery, colors and graphic design in an array of projects. Our firm offers creative services that address not only traditional media such as print, websites, logo design and advertising but also non-traditional marketing services around email campaigns, social media, blogging, SEO, video production and more. This integrated approach to content development makes the process more efficient and more effective for clients. Content x Distribution = IMPACT Tripepi Smith was born in the digital era and brings significant technical skills to the table. Members of our team carry technical certifications in Hootsuite Social Media Marketing, Facebook Blueprint, Google Advertising, Google Analytics and Twitter Flight School, among others. We take digital seriously and recognize how critical it is to not only develop great visuals and messaging, but to ensure the audiences we want to reach actually see that content. Without content distribution there is no IMPACT. I Tripepi Smith Testimonial TRIPEPI SMITH Team Tripepi Smith Jennifer Vaughn ,Amer Conrad Director Director TRIPEPI SMITH 4 Services Offered Strategy, Marketing, Communications Strategic development, research, surveys, messaging Social media management Web and social media strategy, optimization (SEO), metrics Web hosting and support Email campaigns Relations (media, stakeholders, public, government) Support and training for events, presentations and virtual gatherings Google AdWords, Linkedln and Facebook advertising Creative Services ® Full -service graphic design for digital, print and outdoor ® Brand and logo development ® Content generation, writing and editorial ® Output services (digital distribution, print management, mail management) ® Photography, illustration and information graphics ® Video and animation ® Web design and implementation TRIPEPI SMITH 4 APPROACH TO SCOPE OF ENGAGEMENT The following scope of work is being quoted by Tripepi Smith for education and outreach work. Project Outreach Pop -Up Event Tripepi Smith proposes to table at five community events, or pop-up events, to reach community members where they already are in order to share educational information and gather feedback. This type of engagement typically involves events such as farmers markets, City concerts, etc. Our proposed scope assumes one Junior Business Analyst onsite for up to two hours per event, together with a member of City staff at the table. Materials like a pop-up tent, folding table, banner and incentives can be coordinated with Baldwin Park. Please note that, in order to keep proposed costs within the City's proposed grant budget, Tripepi Smith's proposal does not include formal community presentations. Focusing instead on pop-up events is the most efficient way to reach community members as part of this scope. Project Material Development Tripepi Smith proposes creating promotional/educational materials for this effort. Our graphic design team will develop a sublogo, half -page flyer, sticker, and banner. The sublogo will pull from existing City branding. Our proposed scope assumes two iterations of design. Our team will develop up to six social media posts and will coordinate the boosting of two posts. Our team will also coordinate with Baldwin Park to develop three, up -to -four -minute videos for social media. All written content will be translated, if/as requested by the City, into Chinese as well as Spanish. Online Survey Tripepi Smith proposes to create a survey intended for distribution through a web -based platform to gather feedback from community members online. This scope includes the use of any free web -based platform, to be agreed upon by the City. (See the Estimated Cost of Engagement section below for an option for a paid survey tool.) Please note that, in order to keep proposed costs within the City's proposed grant budget, Tripepi Smith's proposal does not include focus groups. Project Management Tripepi Smith proposes to coordinate project calls for this engagement and create a living agenda to manage the education and outreach efforts. After the initial set-up, these TRIPEPI SMITH 4 meetings would take place on a monthly basis throughout a 12-month engagement. The video calls would typically last up to an hour and will have a detailed agenda and notes. After each call, Tripepi Smith would send a summary email about decisions made on the phone call and related action steps for all involved parties. The following scope of work is being quoted by ActiveSGV. • Project Meetings (12) • Administrative Reporting • Bike Repair Classes (4) • Bike and Pedestrian Counts (3) • Community Walking Audit (1) • Community Biking Audit (1) • Bike Safety Checkpoints (4) • Youth Earn a Bike Program sessions (4) • Outreach Summary 11 TRIPEPI SMITH ESTIMATED COST OF ENGAGEMENT Given the City's initial scope and proposed budget for this grant work, Tripepi Smith proposes a total budget of $104,000. This total budget includes a recommended 12-month outreach budget of $58,010 (to include roughly $14,000 in printing and supplies) to cover work by Tripepi Smith. It also includes a $45,990 budget for services delivered by the projected active transportation subcontractor, ActiveSGV. The costs for each of the respective elements are further outlined below. ESTIMATEDI I SMITH ENGAGEMENT Tripepi Smith proposes to engage with the City on this work on a time and materials basis. During our engagement, the following rates and related fees for services would apply. Principal' Director CreativeDirector Senior Business Analyst Business' Analyst Junior Business Analyst Senior Graphic Designer Graphic Designer Junior Graphic Designer Web Developer Junior Web Developer Drone Operator TRIPEPI SMITH 4 Time at Tripepi Smith is billed in 15-minute increments. See the following examples for how we invoice our time: 1.25, .75, 4 or 6.5 hours. Tripepi Smith will increase the hourly rates for all resources by five percent (5%) or the national BLS Consumer Price Index (www.bls.gov/cpi/) — whichever is higher — each year on the anniversary of the contract, starting on the first anniversary of any contract when the contract duration is longer than one year. Otherwise, new rates will be negotiated with each new contract renewal period. If Tripepi Smith is requested to be onsite, we will invoice for travel time at half -rate of the resource's Standard Rate. Sometimes, we have a resource who works across categories of skills. For example, we may have a videographer who operates a drone. When that person is doing the category of skill, that skill rate will apply. In this example, a videographer flying a drone is billed at the drone operator rate. Because Tripepi Smith offers a broad set of services, including extensive content production, we have some other content production -related fees that may come up during the course of our engagement. Equipment Fees Tripepi Smith offers some services that require equipment, such as drone operations and video production. All such expenses will be authorized by the client prior to fee being assessed. As such, in those cases, the following rates apply: �r Six hundred dollars ($600) for a full day of video equipment use (includes full set of video equipment). "Full day" is defined as a shoot lasting four (4) or more hours. Four hundred dollars ($400) for a half day of video equipment use. "Half day" is defined as anything under four (4) hours of video production. Four hundred dollars ($400) per day for full video equipment related to Facebook Live stream support (Mevo camera, microphones and iPad/iPhone) and is not inclusive of the operator's time (depends on the resource). Five hundred dollars ($500) per day drone fee applies and is not inclusive of the drone operator time (Drone Operator hourly rate). TRIPEPI SMITH Printing Fees Tripepi Smith is happy to use a printer of the client's choosing for print production work, or to recommend a local printer with whom we have experience. Tripepi Smith typically has the printer bill the client directly for work. Tripepi Smith makes no money on print services and has no economic interest in the selected print vendor other than ensuring quality and fair pricing for our clients. If Tripepi Smith is asked to pay the bill for the client, we will apply a ten percent (10%) agency fee to the reimbursement expense. Digital Advertising Fees Tripepi Smith is a Google Partner and Constant Contact Solution Provider and has Facebook Certified staff. We consider digital platforms to be a cornerstone element of any outreach strategy; often this comes with digital advertising fees. If a Tripepi Smith credit card is used to run the advertising campaign, then we will charge an additional ten percent (10%) agency fee on all advertising charges to compensate for the administrative overhead. Voiceover, Translation and Closed Caption Fees Tripepi Smith occasionally uses third -party resources to record voiceovers for videos, generate closed captions for videos, and for non-English language translations. Tripepi Smith will discuss with the client whether to bill the client directly or have Tripepi Smith pay and seek reimbursement. If a Tripepi Smith credit card is used for these services, then we will charge an additional ten percent (10%) agency fee on all charges to compensate for the administrative overhead. Media Placement Fees Purchase fees for advertising media space is not included on Tripepi Smith advertising proposals. Usually, clients contract directly with media, but in the event Tripepi Smith covers these fees, then we will charge an additional ten percent (10%) agency fee on all advertising charges to compensate for the administrative overhead. TRIPEPI SMITH Community Sentiment Analysis As part of the education and outreach efforts, Tripepi Smith recommends using FlashVote, an automated scientific community survey technology. FlashVote is inclusive for residents who want to participate, with communications by email, text and phone call, plus multiple language options. By collecting community feedback, Tripepi Smith can help the City engage with residents more effectively on future City projects, events, and more. Here is an example response format that uses survey results for outreach on community branding: https://www.fIashvote.com/arlington-tx/surveys/city-branding-Q7-19?filter=local Fees for FlashVote are not included in our proposal. While Tripepi Smith has no financial interest in FlashVote, we do note that the co-founders of Tripepi Smith have personally invested in the platform. TRIPEPI SMITH ESTIMATED I TRANSPORTATION I ActiveSGV proposes to engage on a fixed -price basis according to the price quote below. S G'V TRIPEPI SMITH For ad hoc work by Tripepi Smith, Tripepi Smith will invoice at the end of each month for that month's services. Terms are NET 30 days. As a subcontractor to Tripepi Smith, ActiveSGV will invoice Tripepi Smith a fixed price upon deliverable completion. Tripepi Smith will submit ActiveSGV invoices to the City and remit payment for the invoices when payment is received from the City. 17 TRIPEPI SMITH TRIPEPI SMITH 4 PROJECT TEAM STAFFING Proposed Tea It is anticipated that Principal Jen Nentwig will be the account manager for the proposed engagement, with Business Analyst Peter Johnson serving as the day-to-day project manager. Jennifer will own project oversight and provide strategic guidance. Peter will manage check -in calls, coordinate review and approval of deliverables, and track the completion of action items. Junior Business Analyst Kiran Kruse will provide additional project management support and lead content development. Leadership of design will be handled by Creative Director Kevin Bostwick. Tripepi Smith may adjust the staffing of the team to meet the needs of the City and will do so in collaboration with City staff. TRIPEPI SMITH im (see resumes in the appendix to learn more about the proposed team) TRIPEPI SMITH TRIPEPI SMITH TRIPEPI SMITH We encourage you to see all the work we have done for clients through our online portfolio at: www,tripepismith.com/worl< TRIPEPI SMITH APPENDIX: RESUMES JENNIFER NENTWIG, APR TRIPEPI SMITH — PRINCIPAL 03/22 - PRESENT • Strategic advice and project leadership across an array of clients TRIPEPI SMITH — DIRECTOR 01/ 1 — 03/22 • Redistricting subject matter expertise, business development and project management • Internal leadership on policy areas like water quality, major infrastructure projects TRIPEPI SMITH — SENIOR BUSINESS ANALYST 08/19 --- 12/20 • Provides project management and account support for numerous clients • Develops content including strategic messaging, leadership talking points, speeches and articles COUNTY OF ORANGE — COMMUNICATIONS MANAGER 11/1 — S/19 • Managed County website and social media accounts, including Facebook, Twitter, Instagram and Nextdoor • Developed and implemented communication plans, including talking points, key messages and FAQs BOOS ALLEN HAMILTON — COMMUNICATIONS CONSULTANT/ASSOCIATE 09/11 — 11/16 • Led communications support of several U.S. military clients such as the Naval Aviation Enterprise (NAE) + Developed and published high -visibility products including vision documents and strategic plans U.S. AIR FORCE (RESERVES — PUBLIC AFFAIRS OFFICER/MAJOR • Provides once -a -year Public Affairs support to active -duty U.S. Air Force units 09/11 — PRESENT U.S. AIR FORCE -- PUBLIC AFFAIRS OFFICER/CAPTAIN 05/07 — 08/11 • Served as Director of Public Affairs for U.S. military joint task force providing humanitarian assistance and disaster relief ; Led media relations program and community relations events for Nellis Air Force Base, Nevada including support for a visit and speech by President Barack Obama UNIVERSITY OF SN DIEGO — SAN DIEGO, CA • Master of Science in Global Leadership UNIVERSITY OF NOTRIE DAME — NOTRIE DAME, IN • Bachelor of Arts in Political Science, Minor in Hesburgh Program of Public Service — Magna Cum Laude Honors PROFESSIONAL DEVELOPMENT • Accreditation in Public Relations, Public Relations Society of America 2015 • Public Affairs Qualification Course, Defense Information School 2007 CERTIFICATIONS • Facebook Blueprint Digital Marketing Associate 07/20 • Hootsuite Social Marketing 09/19 TRIPEPI SMITH 4 KEVIN BOSTWICK TRIPEPI SMITH —CREATIVE DIRECTOR 10/19 — PRESENT • Consult, design, and execute on premium design projects. Assist team of junior to senior graphic artists by providing inspiration, creative direction and workflow management • Manage client accounts and creative presentation, encourage business development where the focus is design • Ensure quality assurance, brand consistency and overall visual quality. Establish high technical standards, manage internal and external creative resources and vendors, provided project management and consulting KB GRAPHIC. STUDIO — PRINCIPAL 1/0 —10/19 • Content strategy and information design for both digital and print communications • Data visualizations, interactive components, information models, and diagrams used for assessment, learning, marketing, and presentation • Some projects: Canon, Walmart, Coca-Cola, HP, Google, PNC, Clarkson University, Goodwill KORN FERRY INTERNATIONAL --ART DIRECTOR 01/1 —03/13 • Design for talent acquisition, leadership training, performance and retention • Development of internal brands and product lines, white -label offerings, and client brands • Lead design process for stakeholders (product owners, SMEs, business strategists, etc.) • Some internal clients: Futurestep, Hay Group, Lominger, Global Novations • Some external clients: Chevron, Johnson & Johnson, 7 Habits, Cemex, Fonterra, Genentech MARRIOTT INTERNATIONAL —ART DIRECTOR 01/03--0 /1 • Graphic design for advertising, logos, presentations, brochures and magazines • Data visualizations, interactive components, information models, and diagrams • Some Marriott projects: JW Marriott, Marriott Resorts, Renaissance, Marriott Brand Family CLAREMONT IMCKENNA COLLEGE _ SENIOR GRAPHIC DESIGNER 03/11 -- 0/1 • Design and management of creative assets, vendor relations, pre -press. • Some Claremont McKenna projects: admissions brochures, alumni magazine, logo development • Bachelor of Arts in Philosophy/Literature — Reed College — Portland, OR TRIPEPI SMITH 4 PETER JOHNSON TRIPEPi SMITH — BUSINESS ANALYST • Perform consistent communications and project management support • Create and publish social media, e-newsletters, press releases and website content • Develop communication strategies to execute client initiatives SAN LENS ORISPO NEW TIMES —ASSISTANT EDITOR • Reported, wrote and published 3-4 articles per week about San Luis Obispo County public affairs • Co -directed newspaper's editorial coverage • Managed and created engaging content for company social media accounts • Edited and managed multiple staff and freelance writers SAN LUIS OEISPO NEW TIMES •— STAFF WRITER • Reported, wrote and published 3-4 articles per week about San Luis Obispo County public affairs • Managed and created engaging content for company social media accounts STANFORD COMMUNICATION DEPARTMENT -- RESEARCH ASSISTANT • Assisted Professor James T. Hamilton with his 2016 book, Democracy's Detectives • Researched chapter topics and produced in-depth memos • Copy-edited and proofread manuscript and created index • Planned 2015 journalism conference convening national expert panelists • Bachelor of Arts in Communication — Stanford University — Stanford, CA PROFESSIONAL DEVELOPMENT • UCI Public Policy Making Academy II • CAPIO "Facebook and Instagram for Government" Workshop • League of California Cities Crisis Communications Workshop • Hootsuite Social Marketing 03/20 12/19 05/17 06/23 • Google Suite • Constant Contact • Canva • Adobe Creative Suite 0 Hootsuite 0 Microsoft Office Suite ITEM NO. 10 STAFF REPORT TO: Honorable Mayor and Members of the City Council HI�B of rH FROM: Ron Garcia, Director of Community Development SAWGABRIEL , Imelda Delgado, Housing Manager Jn� . PREPARED BY: Michelle Bravo, Senior Housing Specialist DATE: September 20, 2023 SUBJECT: Public Hearing Regarding Fiscal Year 2022-23 Consolidated Annual Performance & Evaluation Report (CAPER). SUMMARY The U.S. Department of Housing and Urban Development (HUD) requires the City to conduct a Public Hearing to approve the FY 2022-23 Consolidated Annual Performance & Evaluation Report (CAPER) in accordance with federal regulation 24 CFR 570.486(a)(5). RECOMMENDATION It is recommended that the City Council: 1. Conduct a Public Hearing to hear comments and approve the Final 2022-23 Consolidated Annual Performance & Evaluation Report (CAPER) for federal CDBG and HOME funds; and 2. Authorize the City Manager to transmit this report to the United States Department of Housing and Urban Development (HUD) by the deadline of September 28, 2023. FISCAL IMPACT There is no fiscal impact to approve and file this document. BACKGROUND Annually, the City is required to submit to HUD its CAPER, which reports on program performance and accomplishments for the use of CDBG and HOME entitlement funds. The City is required to conduct a public hearing to adopt the CAPER. The purpose of the CAPER is threefold: 1. It provides HUD with necessary information for it to meet its statutory requirement to assess each grantee's ability to carry out relevant City programs in compliance with all applicable rules and regulations. 2. It provides information necessary for HUD's Annual Report to Congress, also statutorily mandated; and Page 1 / 2 3. It provides the City an opportunity to describe its successes in revitalizing deteriorated neighborhoods and meeting objectives stipulated in their Consolidated Plan. To those ends, the attached CAPER has been prepared in accordance with Federal guidelines. The CAPER highlights the City's achievements during the implementation year of the HUD -funded Community Development Block Grant (CDBG) and HOME Investment Partnerships Act (HOME) Programs covering July 1, 2022 through June 30, 2023. Additionally, the CAPER reports the progress the City made in carrying out its strategic plan as part of the Five -Year Consolidated Plan and its Annual Action Plan. Every five years, the City prepares a Consolidated Plan describing the proposed use of CDBG, HOME, and other applicable federal program funds. The Council -adopted Consolidated Plan covering 2020- 2024 identifies the City's overall vision and strategy for addressing housing and non -housing community development needs in Baldwin Park. As a means to achieve the strategic goals outlined by the Consolidated Plan, the City prepares an Annual Action Plan that describes projects, programs, and activities that will address the priority needs of low- and moderate -income households through community development, economic development, housing, and public services during the specified year. This CAPER discusses accomplishments to date towards the Consolidated Plan's 5-Year goals, as well as towards the 2022-23 annual goals described in the Annual Action Plan. It is recommended that after conducting the public hearing, the Mayor and City Council accept the Consolidated Annual Performance & Evaluation Report, inclusive of public comments, and authorize the City Manager to execute all required documents for transmittal to the U.S. Department of Housing and Urban Development (HUD) by September 28, 2023. ALTERNATIVES None proposed. This item simply reports CDBG and HOME accomplishments to the Baldwin Park Mayor and City Council. LEGAL REVIEW No legal review is necessary at this time. ATTACHMENTS 1. FY 2022-23 CAPER & Notice of Public Hearing (found on page 58). Page 2 / 2 \MUBtk0F/ ,t'0 � ,: UiI frTHE`;� `�;� kSAN�GABMEL� !evAL n o ti JURY 1, 2022 - JUNE 3% 2023 COMMUNITY DEVELOPMENT DEPARTMENT HOUSING DIVISION 14403 PACIFic AVENUE BALDWIN PARK, CA 91706 CITY OF BALDWIN PARK 2022-23 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT CAPER TABLE OF CONTENTS SECTION PAGE Introduction.............................................................................................................................. 1 Goalsand Outcomes(CR-05).................................................................................................... 3 Racial and Ethnic Composition(CR-10)................................................................................... 10 Resources and Investments (CR-15)....................................................................................... 11 Affordable Housing (CR-20).................................................................................................... 16 Homeless and Other Special Needs(CR-25).......................................................I................... 19 PublicHousing(CR-30).................................. ........ ......... .......... ..................................... I......... 23 OtherActions (CR-35)............................................................................................................. 24 Monitoring(CR-40)................................................................................................................. 33 CDBG(CR-45).......................................................................................................................... 35 HOME(CR-50)......................................................................................................................... 36 Section3(CR-58)................................................................................................................................38 APPENDIX Appendix 1: 2022 CDBG Financial Summary Report (IDIS Report: C04PR26) Appendix 2: 2022 CDBG Activity Summary by Selected Grant Report Appendix 3: 2022 CDBG-CV Financial Summary Report Appendix 4: 2022 Section 3 Report Appendix 5: Proof of Publication The City of Baldwin Park's (City) FY 2022-23 Consolidated Annual Performance Evaluation Report (CAPER) is the third year-end performance evaluation under the 2020-2024 Consolidated Plan. The CAPER discusses affordable housing outcomes, homelessness and special needs activities, non -housing community development activities, and other actions in furtherance of the City's Annual Action Plan Programs and Projects for Fiscal Year (FY) 2022-23 (July 1, 2022 to June 30, 2023). This document will be formatted using HUD's CAPER template, which will be submitted online by way of the Integrated Disbursement and Information System (IDIS). The City receives Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds each year from the federal government to support housing and community development activities that principally benefit low and moderate -income households. To receive these federal funds, the City must adopt a five-year strategic plan that identifies local needs, and how these needs will be prioritized and addressed using these federal funds. In May of 2020, the Baldwin Park City Council adopted a five-year (FY 2020/21— 2024/25) Consolidated Plan. Baldwin Park's Consolidated Plan builds upon other related planning documents, including the City's 2015-2019 Consolidated Plan and the City's 2014-2021 Housing Element. The City's Consolidated Plan strategy includes general priorities to meet the needs of the community and the City's rationale for investment of federal funds. To address the needs, the City identified the following priorities as having the greatest need in the community: 1. Expand the supply of affordable housing. 2. Preserve the supply of affordable housing. 3. Ensure equal access to housing opportunities. 4. Provide neighborhood services, community facilities and infrastructure improvements. 5. Provide public services for low-income residents. 6. Provide public services for residents with special needs. 7. Prevent and eliminate homelessness. 8. Section 108 loan repayment. 9. Preserve special needs non -homeless facilities and infrastructure. Summary For fiscal year 2022-23, the City of Baldwin Park had a total of $1,129,456 in CDBG funds available to carry out CDBG-funded activities (prior year and new). This total amount was comprised of $909,747 in Fiscal 2022-23 CDBG entitlement funds, and $219,709 in prior year unspent CDBG CAPER 1 OMB Control No: 2506-0117 (exp. 09/30/2021) funds carried forward (allocated and unallocated). CDBG funds were used for public services CDBG administration. The City of Baldwin Park also had $3,077,334 in HOME Program funds comprised of a FY 2022-23 allocation of $334,408, program income of $102,369, and a carryover balance of $2,640,557. The City used HOME funds for administration of the HOME program. In 2020, the City was also allotted a special allocation of CDBG funds under the CARES Act in the amount of $1,160,049 to help the City prepare, prevent, and respond to COVID-19. CDBG-CV funds have been disbursed on COVID-19 community testing, a food voucher program, senior meals, and two food bank programs. Finally, in 2021, HUD allocated $1,128,360 in another special allocation of HUD funding to the City of Baldwin Park. The HOME -American Rescue Plan Program (HOME -ARP) provides funding to reduce homelessness and increase housing stability. Thus far, the City of Baldwin Park has received HUD approval on the HOME -ARP Allocation Plan that proposes to allocate $250,000 to supportive services, $709,106 to tenant based rental assistance, and $169,254 to program administration. CAPER 2 OMB Control No: 2506-0117 (exp. 09/30/2021) 4- a O x v a � 0 0 � a a, :: Ln o a� c E o U 0 Q1 O � O � -a •3 � a c •,p o a tA Qj � a tN Q� 1 O ° V � ° a o h m c rj a .� NN L S Q Leo 4° v :3 k M v o 3 M N . 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LL i a1 _C 0 ' +� dA C to a1 -C O E �, � w +� C C u _ v= u aL-+ O O N u +-+ p O a) a 0 Q 0 -j v= m a.cu 0 � a= m \ ++: 0 d to O E'. m C.....(O--Qr `-i U tn• N U t4 N N w a) m c E O O G a) p• aJ c E CO v v O• (J Z = V) Z Z = Ln Z _: N to a7 Z 0 tn Z 0 N w (7 (0 a) U_ ++ (6 U c E _ 0 > cnO 0 O Z 2 a LL cn to C A bA O a` C N E L a E 0 U U Q cu 73 W W Q U Assess how the jurisdiction's use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. The City allocated the largest share of its CDBG funding to non -housing community development activities (code enforcement, public services, and infrastructure improvements), preceded by the community's housing needs and program administration funded by both CDBG and HOME. The Consolidated Plan five-year priorities for assistance with CDBG and HOME funds takes into consideration several factors such as: 1) those households most in need of housing and community development assistance, as determined through the Consolidated Plan needs assessment, consultation, and public participation process; 2) which activities will best meet the needs of those identified households; and 3) the extent of other non-federal resources that can be utilized to leverage/match CDBG and HOME funds to address these needs. Overall, many programs that the City had allocated federal funding to were not implemented during the fiscal year. The Code Enforcement program, for example, was suspended due to an HUD audit finding that was not cleared until the end of the fiscal year. The finding was related to the City's need to develop a code enforcement strategy that identified a target neighborhood where code enforcement activities, together with other projects and programs, could together be carried out to alleviate blighted conditions. The strategy, called the Community Enhancement Comprehensive Plan, was developed and approved, and code enforcement activities will resume in FY 2023-24. Additionally, the City experienced staff turnover which directly impacted the City's ability to carry out its housing objectives in the Annual Action Plan. The City's three proposed housing development projects, as well as the residential rehabilitation loan and grant programs, were temporarily placed on hold during the program year until a housing manager position could be filled. Predevelopment activities for the Habitat for Humanity CHDO Homeownership, Cesar Chavez Foundation Affordable Housing Project, and Retirement Housing Foundation Senior Housing Project are expected to start again in FY 2023-24. The Home Improvement Grant and Loan Programs remain on hold until additional staff can be obtained to implement the programs. Despite the staffing changes in the City, public service programs continued to thrive in FY 2022- 23. Both the Church of the Redeemer Food Bank and Family Service Center exceeded their goals. The Redeemer Food Program assisted the needs of low-income individuals and families by providing food baskets on a monthly and on an as -needed basis. During the year, 7,658 people were assisted. Low-income people were also served with medical access referrals, food bank referrals, emergency shelter vouchers, emergency food vouchers, and other critical services through the City's Family Service Center. The FSC is centrally located and accessible to all CAPER 8 OMB Control No: 2506-0117 (exp. 09/30/2021) residents citywide. Other programs provided federal funding last fiscal year were the Baldwin Park Police Departments' Pride Platoon Program and the Youth Employment Program. The BPPD Pride Platoon Program enrolled 24 at -risk youth who were exhibiting anti -social and incorrigible behavior. The program offers treatment, prevention, and disciplinary components to combat negative behavior. The Youth Employment Program, on the other hand, encourages work experience at Baldwin Park City Hall and acts as a feeder program for regular part-time positions. During the program year, 9 youth participated in this program. Public service activities that aimed to assist special needs populations in Baldwin Park include the Domestic Violence Advocacy Program which helps to provide emergency assistance to victims of domestic violence; and the East San Gabriel Valley Coalition for the Homeless program which provides operation assistance to the Emergency Assistance Center. The former program assisted 145 persons out of 250; while the latter homeless program assisted 271 persons out of a goal of 300. The Graffiti Abatement Program eliminated 167,791 square feet of graffiti throughout the city. Finally, the City of Baldwin Park completed several CDBG public service activities that were funded by the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020. The funding was to be used on activities that prevented, prepared for, or responded to the COVID-19 pandemic. During the 2022-23 fiscal year, the City implemented the Baldwin Park Senior and Families Food Delivery Program, the Baldwin Park Senior Meals Program, the Redeemer Food Baskets Program, and the St. John's Food Bank Program. Together, these programs helped 11,604 Baldwin Park residents with food insecurity. CAPER 9 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). CDBG HOME White 15,852 0 Black or African American 146 0 Asian 3,446 0 American Indian or American Native 2 0 Native Hawaiian or Other Pacific Islander 2 0 Other Multi -Racial 2,129 0 Total 21,577 0 Hispanic 11,671 0 Not Hispanic 9,906 0 Table 2 —Table of assistance to racial and ethnic populations by source of funds Narrative For program year 2022, the majority of the CDBG allocations were invested in community development, mainly public services. The racial and ethnic composition shown above reflects projects and programs that were completed in FY 2022-23 and for which such data is available. Of the 21,577 persons benefitting from federal CDBG, nearly 75 percent were White, 16 percent were Asian, and over 10 percent identified as Other. Additionally, 54 percent of participants were of Hispanic ethnicity. CAPER 10 OMB Control No: 2506-0117 (exp. 09/30/2021) r Resources Identify the resources made available Source of Funds Source Resources Made Available Amount Expended During Program Year; CDBG Public — federal $1,129,456 $310,970 HOME Public — federal $3,077,334 $32,108 CDBG-CV Public — federal $266,140 HOME -ARP Public — federal $1,128,360 $16,635 Table 3 - Resources Made Available Narrative During FY 2022-23, the City had $5,335,150 in federal CDBG, HOME, and HOME -ARP funding to address the goals and objectives of the FY 2022-23 Action Plan. Specifically, the CDBG entitlement amount for FY 2022-23 was $909,747, coupled with prior year unspent funds of $219,709, resulted in a total of $1,129,456 in CDBG. HOME funding for FY 2022-23 was $334,408, plus $102,369 in program income, and $2,640,557 in unspent prior year funds (includes prior year program income). Lastly, the City was awarded $1,128,360 in HOME -American Rescue Plan (HOME -ARP) funds that are to be used to reduce homelessness and increase housing stability. Expenditures during the 2022-23 program year totaled $625,853 from federal resources which addressed the needs of extremely low, low, and moderate -income persons. CDBG expenditures of $310,970 included projects and programs approved in FY 2022-23. A total of $32,108 in HOME expenditures were only related to HOME program administration. An additional $266,140 in CDBG-CV funds to prevent, prepare, and respond to COVID were disbursed during the program year. And finally, the City incurred $16,635 in administrative expenses related to the HOME -ARP grant. Identifv the eeoi?raohic distribution and location of investments Planned Percentage Actual Percentage of Narrative Target Area of Allocation Allocation Description Citywide 97% 96% Citywide Low- and Moderate -Income 3% 4% Areas Table 4 — Identify the geographic distribution and location of investments Narrative For the 2022-23 program year, the City did not allocate new CDBG funds to Public Facilities or Infrastructure activities. The City spent CDBG funds for Graffiti Removal benefiting the low -and CAPER 11 OMB Control No: 2506-0117 (exp. 09/30/2021) Moderate -Income Areas, which constitutes a total of 4% of federal funds expenditure. The rest of the funding was spent on activities that benefitted low- and moderate -income persons on a citywide basis, including various public services and administrative activities. Leveraging Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. HUD requires HOME Participating Jurisdictions (PJs) to match 25 percent of their HOME annual allocation. In accordance with 24 CFR 92.222, PJs satisfying the distress criteria established by the HOME Program regulations are provided a match reduction. Match reductions are granted due to fiscal distress, severe fiscal distress, and Presidential disaster declarations. For the 2022- 23 program year, the City of Baldwin Park has received a 50% match reduction from HUD, therefore, will match 12.5% of HOME Funds using non- federal funds. However, only administrative funds were expended, so there was no match requirement for the 2022-23 program year. No publicly owned land was utilized for activities in the 2022-23 program year. Fiscal Year Summary — HOME Match 1. Excess match from prior Federal fiscal year $3,885,831 2. Match contributed during current Federal fiscal year $0 3 .Total match available for current Federal fiscal year (Line 1 plus Line 2) $3,885,831 4. Match liability for current Federal fiscal year $0 5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) $3,885,831 Table 5 — Fiscal Year Summary - HOME Match Report 41-Aa IIV OMB Control No: 2506-0117 (exp. 09/30/2021) Match Contribution for the Federal fiscal Year Site Preparation, Cash Foregone Construction Project (non- Taxes, Appraised Required Materials, No. or Date of Federal Fees, Land/Real Infrastruct Donated Bond Total Other ID Contribution sources) Charges Property ure labor Financing Match 0 0 1 0 0 0 0 0 0 0 Table 6 — Match Contribution for the Federal Fiscal Year HOMF MRF/WBF report Program Income - Enter the program amounts for the reporting period Balance on hand at Amount received Total amount Amount Balance on hand at beginning of during reporting expended during expended for end of reporting reporting period period reporting period TBRA period $536,624.03 $102,369.12 $0 $0 $638,993.15 Table 7 — Program Income CAPER 13 OMB Control No: 2506-0117 (exp. 09/30/2021) Minority Business Enterprises and Women Business Enterprises — Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White Non - I Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Contracts Number 0 Dollar Amount 0 Sub -Contracts Number 0 Dollar Amount 0 Total Women Business Enterprises I Male Contracts Number 0 Dollar Amount 0 Sub -Contracts Number 0 Dollar Amount 0 Table 8 - Minority Business and Women Business Enterprises Minority Owners of Rental Property — Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Minority Property Owners Alaskan Native or Asian or American Pacific Black Non- White Non - Total Indian Islander Hispanic Hispanic Hispanic Number 0 Dollar 0 Amount Table 9 — Minority Owners of Rental Property CAPER 14 OMB Control No: 2506-0117 (exp. 09/30/2021) Relocation and Real Property Acquisition - Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Number Cost Parcels Acquired 0 Businesses Displaced 0 Nonprofit Organizations 0 Displaced Households Temporarily 0 Relocated, not Displaced Minority Property Enterprises Alaskan Native or Asian or Households American Pacific Black Non - White Non - Displaced Total Indian islander Hispanic Hispanic Hispanic Number 0 Cost 0 Table 10 — Relocation and Real Property Acquisition CAPER 15 OMB Control No: 2506-0117 (exp. 09/30/2021) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate - income, and middle -income persons served. One -Year Goal Actual Number of Homeless households to be 0 0 provided affordable housing units Number of Non -Homeless households to be 5 0 provided affordable housing units Number of Special -Needs households to be 3 0 provided,affordable housing units Total 8 0 Table 11— Number of Households One -Year Goal Actual Number of households supported through 0 0 Rental Assistance Number of households supported through 6 0 The Production of New Units Number of households supported through 2 0 Rehab of Existing Units Number of households supported through 0 Acquisition of Existing Units 0 Total 8 0 Table 12 — Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. The City of Baldwin Park had a goal to develop eight new affordable rental housing units in FY 2022-23; however, no accomplishments have been fulfilled thus far. The City accepted three proposals from local developers to produce affordable housing in the city, and the projects were included in the FY 2022-23 Annual Action Plan. Together, the three projects are slated to produce approximately 112 new units (how many will be HOME -restricted is approximately 8). The three projects are as follows: Habitat for Humanity CHDO Homeownership Project: The City is proposing to use HOME funds on an affordable housing homeownership project with a local Community Housing Development Organization (CHDO), Habitat for Humanity. The City will extend $285,000 CAPER Ile OMB Control No: 2506-0117 (exp. 09/30/2021) in gap financing to acquire and rehabilitate homeownership housing. Site locations are still to be determined. • Cesar Chavez Foundation Affordable Housing Project: The Cesar Chavez Foundation is proposing to work with the City of Baldwin Park on an affordable housing project located at 4109 and 4113 Downing Avenue and 14617, 14625, and 14637 Ramona Boulevard. The site is approximately 1-acre and proposes to include 25 one -bedroom units, 15 two - bedroom units, and 17 three -bedroom units for a total of 57-units. The project was approved for $500,000 in Baldwin Park HOME funding that will be leveraged with 4% Low Income Housing Tax Credits (LIHTC). Predevelopment activities are underway. • Retirement Housing Foundation Senior Housing Project: The City is proposing to partner with Retirement Housing Foundation (RHF) to develop a multi -site senior housing project on the corner of Downing Avenue and Central Street, Baldwin Park. "Central Metro Place" will consist of 55 age restricted units (with one manager's unit), onsite parking, an abundance of amenities and gardens all tailored to seniors and the aging population. This project was also awarded $500,000 in the FY 2022-23 Annual Action Plan, but predevelopment activities are still underway. City staff hope to have an affordable housing agreement ready for City Council consideration in FY 2023-24. Discuss how these outcomes will impact future annual action plans. With no accomplishments or disbursements made in FY 2022-23 on affordable housing, the City of Baldwin Park has sufficient funds to officially commit HOME funding to the three projects listed above. Further, the City has over $2.1 million available to provide gap financing to support the acquisition and rehabilitation/construction of additional affordable rental housing. Include the number of extremely low-income, low-income, and moderate -income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Households Served CDBG Actual HOME Actual Extremely Low-income 0 0 Low-income 0 0 Moderate -income 0 0 Total 0 0 Table 13 — Number of Households Served CAPER 17 OMB Control No: 2506-0117 (exp. 09/30/2021) No affordable housing accomplishments were achieved in FY 2022-23. The City will continue working with Habitat for Humanity, the Cesar Chavez Foundation, and the Retirement Housing Foundation on predevelopment activities for the development of affordable housing. 18 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-25 - Homeless and Other Special Needs Evaluate the jurisdiction's progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The CoC and its partner agencies will continue to provide a continuum of programs ranging from outreach, access centers, emergency shelters, safe havens, transitional and permanent housing, and prevention. More specifically, LAHSA, the County's CoC, will continue efforts in 2023-24 to add emergency and transitional shelter housing units through expedited construction or rehabilitation of facilities to accommodate homeless persons. These efforts were supplemented by the Point -In -Time (PIT) Count that occurred within Los Angeles County from February 22, 2022 through February 24, 2022. According to the Los Angeles Homeless Services Authority (LAHSA), the number of people experiencing homelessness rose just over 4% in Los Angeles County from 2020 counts. This was a stark difference from prior year increases such as a near 26% jump in homelessness from 2018 to 2020. LAHSA attributes the "flattening" of the homelessness curve to government programs that were in place during the pandemic that kept families and individuals housed which prevented further homelessness. Policies such as eviction moratoriums and programs such as rental assistance and economic stimulus grants could have played a vital role in preventing additional homelessness between 2020 and 2022. For Baldwin Park specifically, the February 2022 PIT count enumerated 275 homeless individuals in the City including 102 sheltered persons, and 173 persons that were found to live in places not designed for, or ordinarily used as, a regular sleeping accommodation for human beings, including a car, park, RV's or campers, tents, makeshift shelters, or the street. The unsheltered homeless count fell by 382 persons from 2020 when the count was 555 persons; however, the number of sheltered homeless grew from 0 in 2020 to 102 in 2022. The City will continue to work with the East San Gabriel Valley Coalition for the Homeless, a nonprofit organization, to reach out the homeless persons to assess their needs for temporary shelter, winter shelter, and referral services. The Coalition will focus on providing critical and immediate intervention for unsheltered persons, to include assessment, intake, referral, and transportation to resources. Addressing the emergency shelter and transitional housing needs of homeless persons CAPER 19 OMB Control No: 2506-0117 (exp. 09/30/2021) In October 2018, the Baldwin Park City Council approved Resolution No. 2018-298 that declared a shelter crisis pursuant to SB 850 to the Los Angeles County Continuum of Care (CoC). The City Council also authorized staff to collaborate with the Tri-City Cohort Partnership with the Cities of El Monte and South El Monte to implement homeless plans. The Cohort Partnership also submitted a grant application in accordance with the Los Angeles County Homeless Initiative and the Home for Good guidelines. Per the 2021-2029 Housing Element, Baldwin Park will further implement recommendations from the Tri-City Cohort Homelessness Plan that began in 2021. The Housing Element also identified Program H4-7 that focuses on allowing the establishment of transitional and supportive housing. To that end, on November 20, 2021, the City opened Esperanza Villa which is a 25-unit Tiny Home Village for bridge housing and supportive services. The Cohort Partnership also collaborated with Union Station Homeless Services to launch a local homeless prevention/diversion program supplemented with engagement with property owners and landlords to increase interim and permanent housing opportunities. In FY 2022-23 and with CDBG funding specifically, the City supported local nonprofit agencies that provided emergency rental assistance and transitional housing needs for homeless or those at risk of becoming homeless. To address the emergency shelter and transitional housing needs of homeless persons, the City awarded $10,000 to the East San Gabriel Valley Coalition for the Homeless to provide transitional housing, emergency assistance and winter shelter assistance to homeless families or families at risk of homelessness. The agency assisted 271 persons during the program year. Additionally, the City supported Domestic Violence Advocate, an organization that offers emergency shelter and support services to victims of domestic violence. The City provided $22.346 to this effort which assisted 145 persons with a litany of domestic violence services including providing access to emergency shelters and transitional housing. Furthermore, the City Council adopted Resolution No. 2022-006 on February 16, 2022 which approved an agreement between the City of Baldwin Park and the San Gabriel Valley Regional Housing Trust to provide homeless housing and related services to homeless families on city - owned property. The site will provide a minimum of 50 beds for homeless families for a two-year period under the Agreement. The site will provide case management services, meals, and continuous security, in addition to necessary personal sanitation facilities. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, CAPER 20 OMB Control No: 2506-0117 (exp. 09/30/2021) mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The Los Angeles County CoC's countywide protocols and procedures prevent people from being discharged from public and private institutions of care into homelessness. The protocols and procedures help decrease the number of persons being discharged into homelessness by at least 10 percent annually. Furthermore, the CoC coordinated with state and local agencies, and privately funded institutions of care to develop improved programs to assist at -risk persons with emergency financial assistance. Examples include short-term utility, rent, childcare and basic needs payment assistance. Furthermore, the CoC supported pre-release planning for persons leaving state prisons and state mental health hospitals to prevent the release of persons to homelessness. Also, the City approved an agreement on February 16, 2022, with the San Gabriel Valley Habitat for Humanity, Inc. to implement an Acquisition and Rehabilitation Housing Program using HOME Investment Partnership Act Program Funds to create homeownership opportunities. Habitat for Humanity will bring purchase transactions before the City Council for approval to include such units in the program. Avoiding homelessness was another main priority for the City and its constituents when developing the City's Allocation Plan for HOME -American Rescue Plan (HOME -ARP) funds. Under the $1.9 trillion coronavirus relief legislation, the American Rescue Plan Act of 2021, the City received $1,128,365 to reduce homelessness and increase housing stability in the City. The Allocation Plan, approved by the City Council and HUD during FY 2022-23, proposes to allocate the $1,128,365 to tenant based rental assistance and supportive services to help low-income individuals and families avoid becoming homeless. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again To address the needs of homeless families, families with children, and veterans and their families, the City supports the East San Gabriel Valley Coalition for the Homeless, which provided transitional housing, counseling and case management to families at risk of homelessness. In FY 2022-23, the East San Gabriel Valley Coalition for the Homeless served approximately 271 CAPER 21 OMB Control No: 2506-0117 (exp. 09/30/2021) unduplicated people through its transitional housing program. When paired with financial counseling, career coaching and other available case management services, the agency makes certain that families are ready to succeed in their transition to permanent housing. CAPER 22 OMB Control No: 2506-0117 (exp. 09/30/2021) Actions taken to address the needs of public housing The Baldwin Park Housing Authority (BPHA) was created and authorized under the State of California Housing Authority Law to develop and operate housing and housing programs for low- income families. The BPHA receives its funding from the Department of Housing and Urban Development (HUD) for the administration of the Section 8 tenant -based Housing Choice Voucher (HCV) assistance program for the cities of Baldwin Park, West Covina, El Monte, South El Monte, and Monrovia in the County of Los Angeles. In FY 2022-23, BPHA continued to serve the needs of residents through public housing and Section 8 vouchers. Baldwin Park owns and operates one "project based" public housing development called McNeil Manor Public Housing. McNeil Manor is a 12-unit low-income senior housing development. Additionally, a total of 119 Baldwin Park households received Section 8 vouchers, including 38 that are elderly/disabled, 42 large families, and 77 small family households. Hispanics made up the majority of the households that received vouchers at 86%. The average monthly housing assistance payment was $1,134. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership BPHA actively encourages residents to be involved in the organization through resident councils and active participation in housing authority decisions via surveys and other forms of engagements. BPHA implemented the use of social media to improve and maximize the outreach to owners and tenants and increase the accessibility of information. Actions taken to provide assistance to troubled PHAs BPHA is designated as a High Performing Public Housing Agency, therefore no assistance was needed. CAPER 23 OMB Control No: 2506-0117 (exp. 09/30/2021) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. A barrier to affordable housing is a public policy or nongovernmental condition that constrains the development or rehabilitation of affordable housing, such as land use controls, property taxes, state prevailing wage conditions, environmental protection, the cost of land, or the availability of overall monetary resources. Based on the 2020-2024 Consolidated Plan, the primary barriers to affordable housing for the City of Baldwin Park continue to be housing affordability and the lack of monetary resources necessary to develop and sustain affordable housing. The two barriers are related in the sense that the demand for affordable housing exceeds the supply. Additionally, insufficient resources are available to increase the supply of affordable housing to meet demand. For low- and moderate -income households, finding and maintaining decent affordable housing is difficult due to the inflated cost of housing in Baldwin Park, as well as throughout Southern California in general. To address these obstacles, the City has historically invested its CDBG and HOME funds in projects that supported the development of new rental housing and the rehabilitation of existing rental units. On October 29, 2021, the City submitted its 2021-2029 Housing Element to the California Department of Housing and Community Development (HCD) for review. During the Housing Element update process, the City evaluated significant public policies affecting affordable housing development such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges and growth limitations. Based on this evaluation, the City determined that it has taken all appropriate and necessary steps to ameliorate the negative effects of public policies that may have been a barrier to affordable housing. Moreover, the City is actively engaged with affordable housing developers concerning the siting of additional future affordable housing and ensuring that the entitlement process runs smoothly from inception to completion. The Housing Element addresses the City's provisions for affordable housing, emergency shelters, transitional housing, and supportive housing. The following policies in the City's 2021-2029 Housing Element specifically address the variety of regulatory and financial tools to be used by the City to remove any potential barriers and facilitate the provision of affordable housing: CAPER 24 OMB Control No: 2506-0117 (exp. 09/30/2021) Policy H2.1. Facilitate housing development of housing affordable to lower -income households by providing technical assistance, regulatory incentives and concessions, and financial resources, as funding permits. Explore options to ensure additional affordable housing production, such as an inclusionary housing ordinance. Policy H2.2. Encourage and provide incentives for both the private and public sectors to produce or assist in the production of affordable housing, with an emphasis on housing affordable to persons with disabilities, seniors, large families, female -headed households with children, and people experiencing homelessness. Policy H2.3. Establish partnerships with private developers and non-profit housing corporations to assist Baldwin Park in meeting its housing goals. Policy H2.5. Build open existing efforts to convert suitable hotels and motels to permanent affordable housing, continue to pursue opportunities to acquire suitable hotels and motels. Policy H3.1. Provide for a range of residential development types in Baldwin Park, including low density single-family homes, small lot single-family subdivisions, medium - density townhomes, and higher density apartments and condominiums. Policy H4.1. Periodically review City regulations, ordinances, departmental processing procedures, and residential fees related to rehabilitation and/or construction to assess their impact on housing costs, and revise as appropriate. Policy H4.2. Utilize density bonuses, fee reductions, and other regulatory incentives, as available and appropriate, to minimize the effect of governmental constraints. Policy H4.3. Continue to identify and promote processes and procedures that streamline residential development. Policy H4.4. Monitor State and federal housing -related legislation, and update City plans, ordinances, and processes as appropriate to remove or reduce governmental constraints. Policy H4.5. Facilitate coordination between lending institutions, the real estate and development community, and the City to better understand and address non- governmental constraints and facilitate production of affordable housing. CAPER 25 OMB Control No: 2506-0117 (exp. 09/30/2021) Policy H4.6. Eliminate zoning and other regulatory barriers to the placement and operation of housing facilities for the homeless and special needs populations in appropriate locations throughout the City. In addition, the City identified the following programs within the Housing Element to support affordable housing within its boundaries: Program H1-2. Preservation of At -Risk Rental Housing Summary: Affordability covenants at Frazier Park, Syracuse Park, and Clark Terrace are set to expire in the next 10 years. The City will maintain an inventory of affordable housing units in the city to ensure compliance with deed restrictions. Additionally, the City will monitor housing projects to ensure long-term affordability and will work with property owners/managers to discuss preservation options. In the event that units convert to market rents, residents will be informed of other affordable housing programs available in the City. Program 112-2. Affordable Housing Partners, Funding, and Resources Summary: The City will assist local nonprofit agencies in acquiring funding to facilitate the development of affordable housing. The City and the Housing Authority will engage in partnerships between developers and banks to meet their obligations for housing opportunities. The City will continue these efforts while coordinating with LACDA, other Los Angeles County agencies, state agencies, and federal agencies to leverage funding resources, educate the community, and enhance development opportunities. Program 112-3. Section 8 Housing Choice Voucher Program Summary: The City will support additional Housing Choice Vouchers in the community and encourage rental property owners to rent to Voucher holders and register their units with the Baldwin Park Housing Authority. The City will continue to monitor Voucher program participation and provide information on the program, including any new legal requirements. Program H3-1. Adequate Sites Summary: The City will continue to provide appropriate land use designations and maintain an inventory of suitable sites for residential development, while continuing to track progress toward meeting the City's Regional Housing Needs Assessment by income level. Program H3-3. Accessory Dwelling Units (ADUs) CAPER P17 OMB Control No: 2506-0117 (exp. 09/30/2021) Summary: The City will promote the development of accessory dwelling units (ADUs) as a means of providing additional housing through adoption of an updated ADU Ordinance and revise the Ordinance as new legislation passes. The ADU permitting process will be monitored through the Housing Element Annual Progress Report with additional incentives or other strategies to ensure adequate sites. Program H3-5. Replacement of Units on Sites Summary: Require the replacement of units affordable to the same or lower income level as a condition of any development on a nonvacant site that had residential uses within the past five years. Program H3-6. AB 1397 Reuse of Sites Summary: The City will a housing overlay that allows residential use by right for housing developments in which at least 20% of the units are affordable to lower -income households and allows development at 30 units per acre, regardless of lot size. Program H3-8. Hotel/Motel Conversions Summary: The City will continue to pursue opportunities to acquire suitable hotels and motels to convert into permanent affordable housing. Program H4-2. Lot Consolidation Summary: The City will provide technical assistance for interested developers to consolidate lots which would allow for larger development sites. The City will target advertising of lot consolidation incentives and potential sites opportunities to existing property owners, and prospective mixed -used and affordable housing developers. Program H4-4. Zoning Code Update Summary: The City plans to conduct a comprehensive Zoning Code update to provide flexibility in development standards such as open space, parking, setbacks, and height limits through the Administrative Adjustment and Specific Plan processes. Additional updates to the Zoning Code seek to combine the Planned Development Overlay Zone and Small Lot Single Family Development Options; add reference to the California Housing Accountability Act Requirements; and adopt objective design standards. Program H4-5. Density Bonus and Development Incentives Summary: Revise the City's Density Bonus Ordinance to comply with State Law and update as necessary while also exempt affordable housing projects from certain development fees. Additionally, the City will provide, when possible, developer incentives such as CAPER 27 OMB Control No: 2506-0117 (exp. 09/30/2021) expedited permit processing for affordable units. Program H4-6. Expedite Project Review and Permitting Procedures Summary: The City will provide timely review of discretionary and non -discretionary residential development requests, periodically evaluate land development processing procedures, fast track permit processing for affordable projects, and inform the public of the new processes. Program H4-7. Supportive and Transitional Housing Summary: The City will update the Development Code to comply with AB 2162 (Supportive Housing Streamlining Act) and AB 101 (Low -Barrier Navigation Centers). Furthermore, the City will continue to allow the establishment of transitional and supportive housing that function as residential uses while also prioritizing projects that include special needs housing or housing for extremely/very low-income households in the development application review process. Program H4-8. Nongovernmental Constraints Summary: The City will review, and if necessary, revise, any development regulations or processes that can potentially lessen nongovernmental constraints. To address housing affordability and the lack of monetary resources for affordable housing, the Strategic Plan calls for the investment of HOME funds for the development of 10 new affordable rental housing units during the five-year period of the Consolidated Plan and the rehabilitation and preservation of 20 existing affordable housing units over the next five years. The City is in negotiations with several developers to develop homeownership, senior, and family affordable units. Actions taken to address obstacles to meeting underserved needs. The City leverages its CDBG and HOME entitlement grants with a variety of funding resources to maximize their effectiveness, however, the elimination of redevelopment by the State severely impacted Baldwin Park's ability to seek new affordable housing opportunities. The 20% set -aside in redevelopment for affordable housing was a key component to developing more housing units for those most in need. Nonetheless, the City of Baldwin Park has aggressively pursued opportunities to add to its inventory of 497 affordable rental housing units. The City continues to seek new opportunities to leverage federal funds, such as the Low -Income Tax Credit Program and HUD's Section 202 CAPER 28 OMB Control No: 2506-0117 (exp. 09/30/2021) and 811 for the Elderly Program. HUD requires that cities undertake an analysis of assisted housing units that may be lost from the City's affordable housing stock. Four federally assisted developments are at risk of potential conversion, representing 222 affordable units at risk due to expiring Section 8 contracts and upcoming loan maturity dates. City Staff continues to evaluate methods to ensure the four projects (Clark Terrace, Frazier Park, Ramona Park and Syracuse Park), all owned by for -profit companies, can stay within the Section 8 system. Actions taken to reduce lead -based paint hazards. As a means of better protecting children and families against lead poisoning, in 1999, HUD instituted revised lead -based paint regulations focused around the following five activities: • Notification • Lead Hazard Evaluation • Lead Hazard Reduction • Ongoing Maintenance • Response to Children with Environmental Intervention Blood Lead Level The City implemented HUD Lead Based Paint Regulations, pursuant to Title X, Section 1018, that requires any federal -funded rehabilitation project to address lead hazards. Additionally, where lead -based paint is identified, the City ensures that developers and contractors incorporate safe work practices. There are 12,570 housing units built before 1980 that may contain lead -based paint. When the City participates in housing rehabilitation programs, identification and abatement of lead are made a requirement of the construction. Finally, in Section 8 programs, an inspection of units includes the status of lead -based paint, and a direction that defective paint surfaces be repaired. Actions taken to reduce the number of poverty -level families. A primary method to reducing poverty is to enhance employment for residents and promote self- sufficiency. This includes creating job opportunities and overall community improvement for Baldwin Park residents by supporting existing businesses and bringing additional economic forces and investment to the City, thereby increasing overall opportunities for local employment. Using CDBG funds, the City designated funding for a Youth Employment Program in FY 2022-23 which provided employment for 9 youth at City Hall. CAPER 99 OMB Control No: 2506-0117 (exp. 09/30/2021) Activities that were necessary during the year, particularly for households that continue to feel the effects of COVID-19 and recent inflationary costs on food, were the Church of the Redeemer's Food Bank, St. John's Food Bank (funded with CARES Act funding), Church of the Redeemer Food Basket Program (funded with CARES Act funding); Baldwin Park Senior Meals Delivery Program (CARES Act), and the Baldwin Park Food Voucher Program (CARES Act). While these programs don't necessarily assist with poverty, they do provide much needed relief to a household's monetary resources allowing them to use their income on other important needs (housing, childcare, etc.). Baldwin Park complies with Section 3 of the Housing and Community Development Act, for construction and housing projects using HUD funding. To foster local economic development and local job placement, Section 3 is a set of regulations that, to the greatest extent feasible, requires that low and very low-income residents be offered employment with housing and construction jobs using HUD funding. All construction -related HUD Subrecipient funded projects require a report that includes compliance with Section 3. Actions taken to develop institutional structure. As the recipient of CDBG and HOME funds, the City of Baldwin Park's Housing Division of the Community Development Department is the lead department responsible for the overall administration of HUD grants. In that regard, the Department prepares the Consolidated Plan and Analysis of Impediments to Fair Housing Choice every five years, writes the Annual Action Plan and CAPER, as well as completes a myriad of other reports required by federal regulations. The City works closely with non-profit agencies and City departments on the use of CDBG programs that benefit the Baldwin Park community. For example, the City's Public Works Department provides input on the need for infrastructure and public facility improvements that can be used with CDBG funding. Affordable housing development and preservation activities are being carried out by the Housing Division in partnership with housing developers and contractors. Public service activities were carried out by nonprofit organizations and City Departments to achieve the Strategic Plan goals. Additionally, advocacy groups, clubs and neighborhood leadership groups, and the private sector are consulted as part of the Consolidated Plan process and are used to implement the City's five- year strategy to address priority needs. Engaging the community and stakeholders in the delivery of services and programs for the benefit of low -to moderate -income residents is vital in overcoming gaps in service delivery. The City has also utilized public notices, community CAPER 30 OMB Control No: 2506-0117 (exp. 09/30/2021) workshops and meetings (as appropriate), the City's website and other forms of media to deliver information on carrying out the Consolidated Plan strategies. Actions taken to enhance coordination between public and private housing and social service agencies. In an ongoing effort to bridge the gap of various programs and activities, the City of Baldwin Park has developed partnerships and collaborations with local service providers and other City departments that have been instrumental in meeting the needs of low-income individuals and families, the homeless and those with special needs. To enhance coordination between public and private housing and social service agencies, the City will continue consulting with and inviting the participation of a wide variety of agencies and organizations involved in the delivery of housing and supportive services to low- and moderate - income residents in Baldwin Park. Participation in the Tri-City Cohort Partnership will aid in these actions to better leverage resources and service agencies with combined funding from Baldwin Park, El Monte, and South El Monte. Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. The Housing Rights Center provides free housing services to residents throughout Los Angeles and Ventura counties. Trained housing counselors answer questions about landlord -tenant rights and responsibilities including questions about security deposits, evictions, repairs and rent increases. They work to educate the community about fair housing laws. The Analysis of Impediments (A.I.) to Fair Housing Choice for 2020-2024 was prepared in coordination with the Baldwin Park Consolidated Plan. The Study found that the same three major impediments from the previously adopted A.I. continue: 1. Discrimination Against Persons with Disabilities has been the leading cause of all fair housing complaints in Baldwin Park since 2010. Disabled people experienced difficulties when requesting reasonable accommodations or modifications. Persons with cognitive disabilities experienced the most obstacles with obtaining accommodations. The City of Baldwin Park's contract with the Housing Rights Center works to promote greater awareness of potential discrimination against people with disabilities, by conducting workshops with landlords and housing industry stakeholders. 2. Lending patterns revealed that within the jurisdictional boundaries of the City of Baldwin CAPER 01 OMB Control No: 2506-0117 (exp. 09/30/2021) Park, loan approval rates were generally higher for Asians and Whites, than for Hispanics. However, the overall data indicates that across all racial/ethnic groups, loan approval rates increase when measured against corresponding increases in income of the applicants. The A.I. continues to recommend review of Home Mortgage Disclosure Act data to ensure that minority racial groups do not have disproportionately lower home loan approval rates. 3. Lack of Awareness of Fair Housing Laws was found to be the third impediment to fair housing choice, specifically a general lack of knowledge of tenant or landlords, rights and responsibilities. However, data shows that when the City's contracted fair housing service provider, which acts as a neutral convenor, provides clarifying information to resolve actual or perceived discrimination, three-quarters of cases were successfully conciliated. CAPER 32 OMB Control No: 2506-0117 (exp. 09/30/2021) Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements To ensure that CDBG and HOME funds were used efficiently and in compliance with applicable regulations, the City provided virtual technical assistance to all subrecipients at the beginning of the program year and examined subrecipients invoices and performance reports throughout the year. Formal onsite monitoring of CDBG and HOME agreements are typically done annually, although most monitoring activities were suspended during the COVID pandemic. While some HOME monitoring was conducted in September 2022, current staff shortages have hindered the City's ability to resume a more aggressive monitoring schedule to catch up from the pandemic. Nonetheless, the following standards and procedures were implemented in FY 2022-23: Technical Assistance To enhance compliance with federal program regulations, the City provided a Notice of Funding Availability (NOFA) workshop to review the Plan goals, program requirements and available resources with potential applicants. Individualized technical assistance can be provided on an as - needed basis throughout a program year. Activity Monitoring All activities were assessed in the Fall of 2021, beginning with a detailed review upon receipt of the funding application to determine eligibility, conformance with a National Objectives, and conformance with a Strategic Plan goal. This review also examined the proposed use of funds, eligibility of the service area, eligibility of the intended beneficiaries, and likelihood of compliance with other federal requirements such as the National Environmental Policy Act, the System for Award Management (SAM) debarment list, prevailing wage, Minority and Women Business Enterprise, Section 3, and federal acquisition and relocation regulations, as applicable. Subrecipients are required to submit an audit at the time of submitting their application along with other documentation to establish their capacity, and any findings noted in the audit are reviewed with the applicant. Eligible applications are then considered for funding. Once funded, desk reviews are ongoing of required quarterly performance reports and invoices. For CDBG public service activities, an on -site monitoring is normally conducted once every two (2) years, except new subrecipients that are monitored on -site the first year. These reviews include both a fiscal and programmatic review of the subrecipient's activities. The reviews CAPER 33 OMB Control No: 2506-0117 (exp. 09/30/2021) determine if the subrecipient is complying with the program regulations and the City contract. Areas routinely reviewed include overall administration, financial systems, appropriateness of program expenditures, program delivery, client eligibility determination and documentation, reporting systems, and achievement toward achieving contractual goals. Following the monitoring visit, a written report is provided delineating the results of the review and any findings of non-compliance and the required corrective action. Subrecipients normally have 30 days to provide the City with corrective actions taken to address any noted findings. Individualized technical assistance is provided, as noted above, as soon as compliance concerns are identified. For CDBG capital projects, monitoring also includes compliance with regulatory agreement requirements. No CDBG monitoring other than the review of invoices and monthly and/or quarterly performance reports as they are submitted, was done in FY 2022-23 due to staff shortages. Staff plans to resume monitoring activities in FY 2023-24. For HOME funded activities, annual monitoring is undertaken to ensure that for renter occupied units, household income, rents and utility allowances are in compliance with applicable limits pursuant to the affordability covenant. For ownership units, annual monitoring of occupancy is conducted throughout the affordability period. In FY 2022-23, four HOME projects were monitored in September 2022, and all were deemed in compliance with HOME regulations, including: • Los Angeles Street Project, 16351 Los Angeles Street (5 units) —September 21, 2022 • TELACU Senior Court, 14442 Pacific Avenue (8 units) — September 15, 2022 • Metro Village Apartments. 14428 E. Ramona Boulevard (11 units) —September 20, 2022 • ROP Bresee House, 4500 Bresee Avenue (1 SFR) — September 21, 2022 Citizen Participation Plan Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. Pursuant to 24 CFR Part 91, the City solicited public review and comment on the draft 2022-23 Consolidated Annual Performance and Evaluation Report (CAPER). The public review period was 15 days (September 5, 2023 to September 20, 2023). CAPER 34 OMB Control No: 2506-0117 (exp. 09/30/2021) Specify the nature of, and reasons for, any changes in the jurisdiction's program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. During the program year, no amendments — minor nor substantial — were processed on the FY 2022-23 Annual Action Plan. However, the program did experience some challenges in meeting program objectives. Firstly, the City's Code Enforcement Program was monitored by HUD in FY 2021-22 which led to a recommendation to seize drawing from federal funds until a comprehensive code enforcement strategy could be developed. Staff complied, and in June 2022, the City finalized the Community Enhancement Comprehensive Plan for code enforcement activities. The Plan served to identify how the Community Enhancement Program meets CDBG eligibility requirements; provides a definition for "deteriorated" or "deteriorating" properties; identifies the boundaries or target area where code enforcement activities are to take place; provides a strategy or plan on how the Program will arrest the decline within the identified target area; and delineates performance standards for documenting the results of the program. The Comprehensive Plan was submitted to HUD and the finding was cleared in FY 2022-23. CDBG- funded Code Enforcement activities will resume in FY 2023-24. Additionally, the City experienced staff turnover during the program year which directly impacted the City's ability to implement the home improvement grant and loan programs. The program is currently on hold pending the hiring and training of additional staff to run the program. Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? Not applicable. [BEDI grantees] Describe accomplishments and program outcomes during the last year. Not applicable. CAPER 35 OMB Control No: 2506-0117 (exp. 09/30/2021) Include the results of on -site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Baldwin Park monitors HOME -assisted affordable rental housing to determine compliance with housing codes and other applicable regulations. Maintaining HOME -assisted affordable housing is a high priority. In FY 2022-23, 25 HOME -assisted units were inspected and where any deficiencies existed, the property owner and property management were notified to make repairs and City staff followed up to ensure completion. The units were located in the following HOME projects: • TELACU Senior Court, 14442 Pacific Avenue — 8 units — passed • Los Angeles Street Project, 16351 Los Angeles Street — 5 units — passed • Metro Village Apartments, 14428 E. Ramona Blvd-11 units — passed • ROP Bresee Property, 4500 Bresee Ave —1 single family unit - passed Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. The aforementioned HOME -assisted properties maintain an Affirmative Fair Housing Marketing Plan. During annual monitoring, the annual Affirmative Fair Housing Marketing Report and waitlist are reviewed to ensure compliance with HUD requirements to affirmatively further fair housing choice. Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics During the 2022-23 fiscal year, the City of Baldwin Park received a total of $102,369.12 in program income generated from homeowner rehabilitation loan repayments. No program income drawdowns were conducted, and funds remain available for programming to eligible HOME activities. Describe other actions taken to foster and maintain affordable housing. In FY 2021-22, the City of Baldwin Park certified the San Gabriel Valley Habitat for Humanity as a local Community Housing Development Organization (CHDO) in order to begin working with them on a future affordable housing project. The City provided a loan of $1.4 million (non -HOME funds) to Habitat for the acquisition of the Torch Property located at 12769-12779 Torch Street, Baldwin Park and is currently working with Habitat to design a medium -density affordable CAPER 36 OMB Control No: 2506-0117 (exp. 09/30/2021) housing project. The City also received three proposals for the development of affordable housing and in the 2022-23 Annual Action Plan, the projects were provided initial approval from the City Council. The three projects include: 1) A homeownership project with Habitat for Humanity using $285,000 of federal HOME funds on sites that are to be determined. 2) The Cesar Chavez Foundation is proposing to develop a site at 4109 and 4113 Downing Avenue and 14617, 14625, and 14637 Ramona Boulevard. The site is approximately 1- acre and proposes to include 25 one -bedroom units, 15 two -bedroom units, and 17 three - bedroom units for a total of 57-units. The project will be leveraged with 4% Low Income Housing Tax Credits (LIHTC) and $500,000 in federal HOME funds from Baldwin Park. 3) The Retirement Housing Foundation (RHF) Senior Housing Project proposes to develop a multi -site senior housing project on the corner of Downing Avenue and Central Street, Baldwin Park. "Central Metro Place" will consist of 55 age restricted units (with one manager's unit), onsite parking, an abundance of amenities and gardens all tailored to seniors and the aging population. The City awarded $500,000 in HOME funding to this project. CAPER 37 OMB Control No: 2506-0117 (exp. 09/30/2021) Identify the number of individuals assisted and the types of assistance provided Total Labor Hours CDBG HOME ESG HOPWA HTF Total Number of Activities 0 0 0 0 0 Total Labor Hours Total Section 3 Worker Hours Total Targeted Section 3 Worker Hours Table 14—Total Labor Hours Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Public Housing Targeted Workers Outreach efforts to generate job applicants who are Other Funding Targeted Workers. Direct, on -the job training (including apprenticeships). Indirect training such as arranging for, contracting for, or paying tuition for, off -site training. Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching). Outreach efforts to identify and secure bids from Section 3 business concerns. Technical assistance to help Section 3 business concerns understand and bid on contracts. Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns. Provided or connected residents with assistance in seeking employment including drafting resumes, preparing for interviews, finding job opportunities, connecting residents to job placement services. Held one or more job fairs. Provided or connected residents with supportive services that can provide direct services or referrals. Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation. Assisted residents with finding childcare. CAPER OMB Control No: 2506-0117 (exp. 09/30/2021) Assisted residents to apply for, or attend community college or a four-year educational institution. Assisted residents to apply for, or attend vocational/technical training. Assisted residents to obtain financial literacy training and/or coaching. Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns. Provided or connected residents with training on computer use or online technologies. Promoting the use of a business, registry designed to create opportunities for disadvantaged and small businesses. Outreach, engagement, or referrals with the state one - stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act. Other. Table 15 — Qualitative Efforts - Number of Activities by Program Narrative No projects subject to Section 3 were implemented in FY 2022-23. CAPER 39 OMB Control No: 2506-0117 (exp. 09/30/2021) "IW E , Ull t �T 1 4 2c�p`, VALLEY ff'1.01 pRq�D JON f U OR "I rko 14111 n Integrated Disbursement and Information System PAGE: 1 PR26 - CDBG Financial Summary Report Dr Program Year 2022 BALDWIN PARK, CA PART I: SUMMARY OF CDBG RESOURCES 01 UNEXPENDED CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR 373,955.42 02 ENTITLEMENT GRANT 909,747.00 03 SURPLUS URBAN RENEWAL 0.00 04 SECTION 108 GUARANTEED LOAN FUNDS 0.00 05 CURRENT YEAR PROGRAM INCOME 0.00 05a CURRENT YEAR SECTION 108 PROGRAM INCOME (FOR SI TYPE) 0.00 06 FUNDS RETURNED TO THE LINE -OF -CREDIT 0.00 06a FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT 0.00 07 ADJUSTMENT TO COMPUTE TOTAL AVAILABLE (285.00) 08 TOTAL AVAILABLE (SUM, LINES 01-07) 1,283,417.42 PART II: SUMMARY OF CDBG EXPENDITURES 09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 129,020.69 10 ADJUSTMENT TO COMPUTE TOTAL AMOUNT SUBJECT TO LOW/MOD BENEFIT 0.00 11 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 09 + LINE 10) 129,020.69 12 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 181,949.00 13 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS 0.00 14 ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES 0.00 15 TOTAL EXPENDITURES (SUM, LINES 11-14) 310,969.69 16 UNEXPENDED BALANCE (LINE 08 - LINE 15) 972,447.73 PART III: LOWMOD BENEFIT THIS REPORTING PERIOD 17 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS 0.00 18 EXPENDED FOR LOW/MOD MULTI -UNIT HOUSING 0.00 19 DISBURSED FOR OTHER LOW/MOD ACTIVITIES 129,020.69 20 ADJUSTMENT TO COMPUTE TOTAL LOW/MOD CREDIT 0.00 21 TOTAL LOW/MOD CREDIT (SUM, LINES 17-20) 129,020.69 22 PERCENT LOW/MOD CREDIT (LINE 21/LINE 11) 100,00% LOW/MOD BENEFIT FOR MULTI -YEAR CERTIFICATIONS 23 PROGRAM YEARS(PY) COVERED IN CERTIFICATION PY: 2022 PY: PY: 24 CUMULATIVE NET EXPENDITURES SUBJECTTO LOW/MOD BENEFIT CALCULATION 0.00 25 CUMULATIVE EXPENDITURES BENEFITING LOW/MOD PERSONS 0.00 26 PERCENT BENEFIT TO LOW/MOD PERSONS (LINE 25/LINE 24) 0.00% PART IV: PUBLIC SERVICE (PS) CAP CALCULATIONS 27 DISBURSED IN IDIS FOR PUBLIC SERVICES 129,020.69 28 PS UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 0.00 29 PS UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 0.00 30 ADJUSTMENT TO COMPUTE TOTAL PS OBLIGATIONS 0.00 31 TOTAL PS OBLIGATIONS (LINE 27 + LINE 28 - LINE 29 + LINE 30) 129,020.69 32 ENTITLEMENT GRANT 909,747.00 33 PRIOR YEAR PROGRAM INCOME 0.00 34 ADJUSTMENTTO COMPUTE TOTAL SUBJECT TO PS CAP 0.00 35 TOTAL SUBJECT TO PS CAP (SUM, LINES 32-34) 909,747.00 36 PERCENT FUNDS OBLIGATED FOR PS ACTIVITIES (LINE 31/LINE 35) 14.18% PART V: PLANNING AND ADMINISTRATION (PA) CAP 37 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 181,949.00 38 PA UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 0.00 39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 0.00 40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS 0.00 41 TOTAL PA OBLIGATIONS (LINE 37 + LINE 38 - LINE 39 +LINE 40) 181,949.00 42 ENTITLEMENT GRANT 909,747.00 43 CURRENT YEAR PROGRAM INCOME 0.00 44 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PA CAP 0.00 45 TOTAL SUBJECT TO PA CAP (SUM, LINES 42-44) 909,747.00 46 PERCENT FUNDS OBLIGATED FOR PA ACTIVITIES (LINE 41/LINE 45) 20.00% y � Integrated Disbursement and Information System PAGE: 2 PR26 - CDBG Financial Summary Report cye '/ oev °v Program Year 2022 BALDWIN PARK, CA LINE 17 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 17 No data returned for this view. This might be because the applied filter excludes all data. LINE 18 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 18 No data returned for this view. This might be because the applied filter excludes all data. LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Plan Year IDIS IDIS Project Activity Voucher Number Activity Name Matrix Code National Objective Drawn Amount 2022 10 980 6782029 Pride Program 05D LMC $19,012.00 OSD Matrix Code $19,012.00 2022 13 982 6782026 Domestic Violence Advocate Program 05G LMC $11,709.53 2022 13 982 6813525 Domestic Violence Advocate Program 05G LMC $6,732.71 OSG Matrix Code $18,442.24 2022 11 983 6782023 Youth Employment Program 05H LMC $2,141.44 2022 11 983 6813535 Youth Employment Program 05H LMC $13,335.01 OSH Matrix Code $15,476.45 2022 8 984 6813523 Redeemer Food Bank 05W LMC $13,429.00 O5W Matrix Code $13,429.00 2022 14 981 6813520 ESGV Coalition for the Homeless 05X LMC $10,000.00 O5X Matrix Code $10,000.00 2022 9 979 6782024 Family Service Center 05Z LMC $17,950.08 2022 9 979 6813536 Family Service Center 05Z LMC $6,728.92 2022 12 978 6782022 Graffiti Abatement Program 05Z LMA $20,788.86 2022 12 978 6813531 Graffiti Abatement Program 05Z LMA $7,193.14 05Z Matrix Code $52,661.00 Total $129,020.69 LINE 27 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 27 Activity to prevent, Plan IDIS IDIS Voucher prepare for, ActivityName Grant Number Fund Matrix National Year Project Activity Number and respond Type Code Objective to Coronavirus Drawn Amount 2022 10 980 6782029 No Pride Program B22MC060554 EN 05D LMC $19,012.00 051) Matrix Code $19,012.00 2022 13 982 6782026 No Domestic Violence Advocate Program B22MC060554 EN O5G LMC $11,709.53 2022 13 982 6813525 No Domestic Violence Advocate Program B22MC060554 EN 05G LMC $6,732.71 05G Matrix Code $18,442.24 2022 11 983 6782023 No Youth Employment Program B22MC060554 EN 05H LMC $2,141.44 2022 11 983 6813535 No Youth Employment Program B22MG060554 EN 05H LMC $13,335.01 OSH Matrix Code $15,476.45 2022 8 984 6813523 No Redeemer Food Bank B22MC060554 EN 05W LMC $13,429.00 _ O5W Matrix Code $13,429.00 2022 14 981 6813520 No ESGV Coalition for the Homeless B22MC060554 EN 05X LMC $10,000.00 O5X Matrix Code $10,000.00 2022 9 979 6782024 No Family Service Center B22MC060554 EN 05Z LMC $17,950.08 2022 9 979 6813536 No Family Service Center B22MC060554 EN 05Z LMC $6,728.92 2022 12 978 6782022 No Graffiti Abatement Program B22MC060554 EN 05Z LMA $20,788.86 2022 12 978 6813531 No Graffiti Abatement Program B22MC060554 EN 05Z LMA $7,193.14 05Z Matrix Code $52,661.00 No Activity to prevent, prepare for, and respond to Coronavirus $129,020.69 Total $129,020.69 LINE 37 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 37 u.a, v pd(winuL ui nuuoiny duU umdn ucvcwpuicnL .�. Integrated Disbursement and Information System PAGE: 3 PR26 - CDBG Financial Summary Report 'e7r, oev�`'Oe Program Year 2022 BALDWIN PARK, CA Plan IDIS IDIS Voucher Activity Name Matrix National Year Project Activity Number Code Objective Drawn Amount 2022 17 976 6782019 CDBG Administration 21A $100,506.68 2022 17 976 6813513 CDBG Administration 21A $78,942.32 21A Matrix Code $179,449.00 2022 6 985 6813515 Housing Rights Center - Fair Housing 21D $2,500.00 21D Matrix Code $2,500.00 Total $181,949.00 Jr 2 SAN GABRIELfI �10 cQ VALLEY �;y �°� Q'QgTgp JMW3 ALD HUBLOF,' O i� ,THE{ � 7� 21tSAN GAB RlEL/`tee '°ORq D JANk3 f. 1 1 1 z Integrated Disbursement and Information System PAGE: 1 PR26 - CDBG-CV Financial Summary Report 2d �z G9egn/ Q�s BALDWIN PARK, CA DF.VE�� PART I: SUMMARY OF CDBG-CV RESOURCES 01 CDBG-CV GRANT 1,160,049.00 02 FUNDS RETURNED TO THE LINE -OF -CREDIT 0.00 03 FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT 0.00 04 TOTAL CDBG-CV FUNDS AWARDED 1,160,049.00 PART II: SUMMARY OF CDBG-CV EXPENDITURES 05 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 808,931.46 06 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 152,390.72 07 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS 0.00 08 TOTAL EXPENDITURES (SUM, LINES 05 - 07) 961,322.18 09 UNEXPENDED BALANCE (LINE 04 - LINE8) 198,726.82 PART III: LOWMOD BENEFIT FOR THE CDBG-CV GRANT 10 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS 0.00 11 EXPENDED FOR LOW/MOD MULTI -UNIT HOUSING 0.00 12 DISBURSED FOR OTHER LOW/MOD ACTIVITIES 808,931.46 13 TOTAL LOW/MOD CREDIT (SUM, LINES 10 - 12) 808,931.46 14 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 05) 808,931.46 15 PERCENT LOW/MOD CREDIT (LINE 13/LINE 14) 100.00% PART IV: PUBLIC SERVICE (PS) CALCULATIONS 16 DISBURSED IN IDIS FOR PUBLIC SERVICES 808,931.46 17 CDBG-CV GRANT 1,160,049.00 18 PERCENT OF FUNDS DISBURSED FOR PS ACTIVITIES (LINE 16/LINE 17) 69.73% PART V: PLANNING AND ADMINISTRATION (PA) CAP 19 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 152,390.72 20 CDBG-CV GRANT 1,160,049.00 21 PERCENT OF FUNDS DISBURSED FOR PA ACTIVITIES (LINE 19/LINE 20) 13.14% z Integrated Disbursement and Information SystemPAGE: 2 20 �z PR26 - CDBG-CV Financial Summary Report Q�s BALDWIN PARK, CA LINE 10 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 10 No data returned for this view. This might be because the applied filter excludes all data. LINE li DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 11 No data returned for this view. This might be because the applied filter excludes all data. LINE 12 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 12 Plan Year IDIS Project IDIS Activity Voucher Number Activity Name Matrix Code National Objective Drawn Amount 2019 14 989 6813770 CV- Legal Services for Evictions and Rent Control 05C LMC $31,646.39 18 988 6788314 CV - Baldwin Park Senior and Families Meals Delivery Program 05Z LMC $32,326.61 6813537 CV - Baldwin Park Senior and Families Meals Delivery Program 05Z LMC $181,114.86 2020 11 945 6420316 CV - COVID-19 Baldwin Park Community Testing 05M LMA $290,800.00 946 6420319 CV - City of Baldwin Park Food Vouchers 05W LMC $10,000.00 6479299 CV - City of Baldwin Park Food Vouchers 05W LMC $70,000.00 947 6420321 CV - City of Baldwin Park Senior Meals Delivery Program 05A LMC $42,984.62 6531990 CV - City of Baldwin Park Senior Meals Delivery Program 05A LMC $66,600.00 6678982 CV - City of Baldwin Park Senior Meals Delivery Program 05A LMC $2,563.00 6788313 CV - City of Baldwin Park Senior Meals Delivery Program 05A LMC $21,052.38 949 6531855 CV - Redeemer Food Basket Program - Coronavirus Aid 05W LMC $58,411.69 950 6531859 CV - St John Food Bank - Coronavirus Aid 05W LMC $1,431.91 Total $808,931.46 LINE 16 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 16 Plan Year IDIS Project IDIS Activity Voucher Number Activity Name Matrix Code National Objective Drawn Amount 2019 14 989 6813770 CV- Legal Services for Evictions and Rent Control 05C LMC $31,646.39 18 988 6788314 CV - Baldwin Park Senior and Families Meals Delivery Program 05Z LMC $32,326.61 6813537 CV - Baldwin Park Senior and Families Meals Delivery Program 05Z LMC $181,114.86 2020 11 945 6420316 CV - COVID-19 Baldwin Park Community Testing 05M LMA $290,800.00 946 6420319 CV - City of Baldwin Park Food Vouchers 05W LMC $10,000.00 6479299 CV - City of Baldwin Park Food Vouchers 05W LMC $70,000.00 947 6420321 CV - City of Baldwin Park Senior Meals Delivery Program 05A LMC $42,984.62 6531990 CV - City of Baldwin Park Senior Meals Delivery Program 05A LMC $66,600.00 6678982 CV - City of Baldwin Park Senior Meals Delivery Program 05A LMC $2,563.00 6788313 CV - City of Baldwin Park Senior Meals Delivery Program 05A LMC $21,052.38 949 6531855 CV - Redeemer Food Basket Program - Coronavirus Aid 05W LMC $58,411.69 950 6531859 CV - St John Food Bank - Coronavirus Aid 05W LMC $1,431.91 Total $808,931.46 LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 N� Integrated Disbursement and Information System PAGE: 3 PR26 - CDBG-CV Financial Summary Report 20 �_ G�e'9A1 Q�s BALDWIN PARK, CA DEVE'� Plan Year IDIS Project IDIS Activity Voucher Number Activity Name Matrix National Code Objective Drawn Amount 2020 12 948 6420322 CV - CDBG -CV Administration 20 $23,617.00 6531849 CV - CDBG -CV Administration 20 $40,347.62 6678983 CV - CDBG -CV Administration 20 $88,426A0 Total $152,390.72 HUBUF c'p -VALLEY W � '� _ 6 m N,,E L F._ 3 m N � w � O a � 'a n. m U c � � p !.N '@ O} ',,.,.'�°a 'o � a',,Z G t o .. a m ca0 N C m a m o o w u. C7 xY J:i z o a ow J f `� A LDhr/ H U B' O F� Ear GABR�IEL 10 LJLEY�:�i� ., QRgT�rpJANVP�-`� SkiN cAIIIIII-1 W,111111111UM, Local. News. Matters. sa+oa.v,�.wm San Gabriel Valley Tribune Affiliated with SGV Newspaper Group 181 W. Huntington Dr. Suite #209 Monrovia, California 91016 FILE NO. 0011621427 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Los Angeles I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not party to or interested in the above - entitled matter. I am the principal clerk of the printer of SAN GABRIEL VALLEY TRIBUNE, a newspaper of general circulation for the City of West Covina, by the Superior Court of the County of Los Angeles, State of California, on the date of September 10, 1957, Case Number 684891. The notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 0910112023 I declare under the penalty of perjury that the foregoing is true and correct. Executed at Monrovia, California On this 1st day of September, 2023. Qa urou.-c.- Signature CITY OF BALDWIN PARK NOTICE OF PUBLIC HEARING AND PUBLIC COMMENT PERIOD CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR FY 2022/23 NOTICE IS HEREBY GIVEN that the City Council will hold its regularly scheduled City Council Meeting on Wednesday, September 20, 2023, at 7:00 p.m. at the Baldwin Park City Council Chambers located at 14403 E. Pacific Avenue, Baldwin Park, CA 91706, after which the Council will adopt the Consolidated Annual Performance and Evaluation Plan (CAPER) for Fiscal Year 2022/23. The purpose of the CAPER is to highlight the Clty's achievements during the Implementation Year of the HUD -funded Community Development Block Grant (CDBG), HOME investment Partnership Act (HOME), the special allocation of Community Development Block Grant received from the Coronavlrus Aid, Relief, and Economic Security Act (CARES) Act (CDBG-CV), and the special allocation of HOME funds received via the American Rescue Act (HOME -ARP) Programs during Fiscal Year 2022/23 (July 1, 2022 through June 30, 2023). Additionally, the CAPER reports the progress the City made In carrying out its strategic plan (Consolidated Plan) and its action Plan (Annual Action Plan). Copies of the Draft FY 2022/23 CAPER are available at the following locations during the 15-day public comment period that starts on Tuesday, September 5, 2023 and ends on Wednesday, September 20, 2023: City Hall: Housing Division 14403 E. Pacific Avenue Baldwin Park, CA 91706 Baldwin Park Public Library (Reference Department) 4181 Baldwin Park Blvd Baldwin Park, CA 91706 Online at http://www.buldwinpark.com The Draft FY 2022/23 CAPER can also be received via email or U.S. mall by contacting Michelle Bravo, Senior Housing Specialist at (626) 960-4011 Ext. 354 or by email at MBravo@baidwinpark.com . Written comments on the CAPER will be accepted until 5:00 p.m., Wednesday, September 20, 2023. Comments should be submitted to Michelle Bravo, Senior Housing Specialist with the City of Baldwin Park Community Development Department, 14403 E. Pacific Avenue, Baldwin Park, CA 91706. You may also call (626) 960-4011, extension 354, with any questions concerning the CAPER . ACCESSIBILITY TO MEETINGS AND DOCUMENTS, EQUAL OPPORTUNITY It is the intention of the City to comply with Section 504 of the Rehabilitation Act of 1973, as amended, the Americans with Disabilities Act (ADA) of 1990, the ADA Amendment Act of 2008, the Fair Housing Act, the Architectural Barriers Act, and the Clty's adopted Limited English Proficiency Plan (LEP) in all respects. If you require public documents in an accessible format, the City will make reasonable efforts to accommodate Your request. If, as an attendee or a participant at this meeting, You will need special assistance beyond what is normally provided, including auxiliary alds or services, the City will attempt to accommodate you In every reasonable manner. Please contact Michelle Bravo at (626) 960-4011 Ext. 354 at least 72 hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible. The City does not and shall not discriminate on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, military status, or other protected class status in any of its activities or operations. Shirley Quinones R vl� City Clerk Publish: September 1, 2023 San Gabriel Valley Tribune Published: 9/1/23 CAPER 22/23 - Page 1 of 1 ITEM NO. 11 SUBJECT: SUMMARY Honorable Mayor and Members of the City Council Enrique C. Zaldivar, City Manager Karina Rueda, Human Resources Manager September 20, 2023 Approval of Employment Agreement with Albert Trinh for the position of Accounting Manager The attached Agreement for Accounting Manager ("Agreement") with Albert Trinh is presented for approval by the City Council ascertaining the terms and conditions of employment. RECOMMENDATION It is recommended that the City Council approve the Agreement with Albert Trinh for the position of Accounting Manager (subject to any non -substantive changes made by Chief Executive Officer and the City Attorney) and direct the Mayor and City Clerk to execute it. FISCAL IMPACT There is no fiscal impact as the Accounting Manager position was vacated in July 2023 at which time the prior incumbent, resigned, and budgeted funds remain available. BACKGROUND Upon the position becoming vacant in July 2023, the City initiated a recruitment to solicit a pool of qualified candidates. Following a thorough review and vetting of the applicants, including an outside independent panel and an oral interview panel of internal raters, Mr. Trinh was selected as the top candidate. Mr. Trinh has the qualifications and experience for this position. If approved, the Agreement will be effective September 20, 2023, and Mr. Trinh will commence on September 25, 2023. The Agreement sets the monthly base pay compensation for the Accounting Manager at $10,921.56 per month or $131,058.67 annually, which is Step 6 of the salary range as per the City of Baldwin Park Comprehensive Salary Schedule. The Accounting Manager position is expressly defined as "At -Will" and the employee shall serve at the pleasure of the City Council and Chief Executive Officer. ALTERNATIVES No alternatives are recommended. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Accounting Manager Employment Agreement Page 1 / 1 DocuSign Envelope ID: 948BED65-6942-42B4-A896-43B9DA3B82CF CITY OF BALDWIN PARK ACCOUNTING MANAGER EMPLOYMENT AGREEMENT This ACCOUNTING MANAGER EMPLOYMENT AGREEMENT ("Agreement") is entered into and made effective the 20th day of September 2023, by and between the CITY OF BALDWIN PARK, a municipal corporation ("City") and Albert Trinh, an individual ("Employee"). RECITALS WHEREAS, pursuant to Baldwin Park Municipal Code Section 31.03 the Chief Executive Officer has the authority, upon consultation and concurrence by the City Council, to appoint certain department heads and managers; and WHEREAS, pursuant to Baldwin Park Municipal Code Section 33.05, all Unclassified Service Employees, including the Accounting Manager, are At -Will and may be terminated from employment at any time without cause or without right of appeal or hearing, and not covered by the City's Personnel System; and WHEREAS, at the regular City Council meeting of September 20, 2023, the Chief Executive Officer secured the concurrence of the City Council to execute an employment agreement with Albert Trinh, to serve as Accounting Manager, which position shall be At -Will and serve at the pleasure of the City Council and Chief Executive Officer; and WHEREAS, Employee desires to perform and assume responsibility for the provision of services as the Accounting Manager to the City and its related agencies; and WHEREAS, the parties wish to establish the terms and conditions of Employee's services as the Accounting Manager to the City and its related agencies through this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and Employee hereby agree as follows: AGREEMENT 1.0 EMPLOYMENT & DUTIES 1.1 Duties. City hereby employs Albert Trinh as the Accounting Manager to perform the functions and duties as specified in the job description for this position attached hereto as Exhibit "A", and to perform such other legally permissible and proper functions and duties as the Chief Executive Officer shall, from time -to -time, direct or assign. Employee shall perform these functions and duties in an efficient, competent, and ethical manner and shall devote her best efforts and full-time attention thereto. 1.2 Work Schedule. It is recognized that Employee is expected to engage in the hours of work that are necessary to fulfill the obligations of the position, must be available at DocuSign Envelope ID: 948BED65-6942-42B4-A896-43B9DA3B82CF all times, and must devote a great deal of time outside the normal office hours to the business of the City. Employee acknowledges that proper performance of the duties of the Accounting Manager will require Employee to generally observe normal business hours, as set by the City and may be duly revised from time -to -time (currently 7:30 a.m. to 6:00 p.m., Monday through Thursday), and will also often require the performance of necessary services outside of normal business hours. Employee's compensation (whether salary or benefits or other allowances) is not based on hours worked, and Employee shall not be entitled to any compensation for overtime. 1.3 Other Activities. Employee shall focus their professional time, ability, and attention to City business during the term of this Agreement. Employee shall not engage, without the express prior written consent of the Chief Executive Officer, in any other business duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the City, that might cause a conflict -of -interest with the City, or that otherwise might interfere with the business or operation of the City or the satisfactory performance of the functions and duties of the Accounting Manager. 1.4 Employment Status. Upon appointment to the Accounting Manager position, Employee shall serve at the will and pleasure of the Chief Executive Officer and understands that he shall be an "At -Will" employee without recourse to bumping or other demotion rights and shall be subject to summary dismissal without any right of notice or hearing, including any so-called due process pre -disciplinary Skelly hearing, except as expressly provided in this Agreement. The City may terminate Employee at any time in accordance with Section 3.4 below. 1.5 City Documents. All data, studies, reports and other documents prepared by Employee while performing her duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee to the extent permitted by applicable law, except as may be required by any governmental agency or court of competent jurisdiction. Such materials shall not be used by Employee, without the prior written consent of the Chief Executive Officer, for any purposes other than the performance of her duties. Additionally, no such materials may be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by (a) law, (b) any governmental agency, (c) subpoena, or (d) an order issued by a court of competent jurisdiction. 1.6 Exclusion from Competitive Service. Employee understands, acknowledges and agrees that he is exempt from the City's competitive (Civil Service) system, and as such remains an At -Will employee serving at the pleasure of the Chief Executive Officer. 1.7 FLSA Exempt Status. Employee agrees that her position is that of an exempt employee for the purposes of the Fair Labor Standards Act. "UIi 4 /7►/ 1 Q DIkI r Y 11101F.1116117.4111U I.1Il 7.y Ilu i 11►11 Y N DocuSign Envelope ID: 948BED65-6942-42B4-A896-43B9DA3B82CF 2.1 Compensation. For the services rendered pursuant to this Agreement, Employee's initial base compensation shall be $10,921.56 per month ("Salary"), Step 6 of the City of Baldwin Park's Salary Schedule, to be paid on a pro -rated basis bi-weekly at the same time as other employees of the City are paid. Such Salary shall be adjusted for state and federal tax withholdings. 2.2 Annual Salary Review. The Chief Executive Officer, in coordination with the Finance Director, and Employee agree to conduct an annual salary review concurrently with the annual performance evaluation set forth in Section 6.2. Upon conclusion of such review, the Chief Executive Officer may, within his discretion, increase Employee's Salary as he deems appropriate not to exceed the maximum of the Accounting Manager salary range in accordance with the City's Salary Schedule. 2.3 Cost of Living Adjustment. Employee shall not be entitled to any cost of living adjustment ("COLA"), except Employee shall be entitled to a COLA when specifically approved for the Accounting Manager position by action of the Baldwin Park City Council. 3.0 TERM 3.1 Commencement & Effective Date. Employee shall commence their services hereunder at 12:01 a.m. Pacific daylight savings time on September 25, 2023, or such earlier date upon which the Chief Executive Officer and Employee may mutually agree, in either event such date will also be deemed the effective date of this Agreement (`Effective Date"). 3.2 Term. The City hereby employs Employee until their services are terminated as provided for herein. 3.3 Termination by Employ. Employee may terminate this Agreement at any time, provided Employee provides the Chief Executive Officer with at least thirty (30) days' advance written notice, unless the parties agree to an alternative timeframe. Tn the event Employee terminates this Agreement, Employee expressly agrees that he shall not be entitled to any severance pay. 3.4 Termination by City. The Chief Executive Officer or someone acting in the capacity as Chief Executive Officer may terminate this Agreement at any time with or without cause, by providing written notice of the reason(s). The Chief Executive Officer's right to terminate Employee pursuant to this Section 3.4 shall not be subject to or in any way limited by the City's Personnel Rules or past City practices related to the employment, discipline, or termination of the City's employees. Employee expressly waives any rights provided for department heads and certain managers under the City's Personnel Rules, Municipal Code, or under other state or federal law to any other form of pre- or post -termination hearing, appeal, or other administrative process pertaining to termination. Nothing herein, however, shall be construed to create a property interest, where one does not exist by rule of law, in the position of Accounting Manager. Upon appointment to the Accounting Manager position, Employee remains an At -Will employee serving at the pleasure of the Chief Executive Officer. (a) Termination by City for Cause. The City may terminate this Agreement for cause at any time by providing Employee with five (5) business days' written 3 DocuSign Envelope ID: 948BED65-6942-42B4-A896-43B9DA3B82CF notice of the termination for cause and the facts and grounds constituting such cause. The term "cause" shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following: 1) Breach of this Agreement, 2) Willful or persistent material breach of duties, 3) R6sum6 fraud or other acts of material dishonesty, 4) Unauthorized absence or leave, 5) Conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality) or conviction of a felony under California law, 6) Violation of the City's anti -harassment policies and/or a finding that legally prohibited personal acts of harassment against a City official or employee or legally prohibited personal acts of discrimination against a City official or employee has occurred, 7) Violation of the Municipal Code, Ordinances, Rules, and Regulations, including but not limited to the City's Personnel Rules, 8) Use or possession of illegal drugs, 9) Engaging in conduct tending to bring embarrassment or disrepute to the City, 10) Any illegal or unethical act involving personal gain, 11) A pattern of repeated, willful, and intentional failure to carry out materially significant and legally constituted direction of the Chief Executive Officer or the policy decisions of the City Council, 12) Gross misfeasance or gross malfeasance, and 13) "abuse of office or position" as defined in Government Code Section 53243.4 (i.e., waste, fraud, and violation of the law under color of authority and crimes against public justice, including crimes involving bribery and corruption). For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution. If the City terminates for cause this Agreement and the services of Employee hereunder, the City shall have no obligation to pay severance. (b) Termination by Chief Executive Officer Without Cause. By providing Employee at least thirty (30) days' prior written notice thereof, the City may terminate Employee without cause. In the event Employee is terminated without cause, Employee expressly agrees that they shall not be entitled to any severance pay as the result of the termination of this Agreement except as provided in Section 4.1 below. 4.0 SEVERANCE AND WAIVER AND RELEASE 4.1 Severance Pay. In the event the Chief Executive Officer terminates Employee's employment as Accounting Manager without cause pursuant to Section 3.4(b) of this Agreement, and if Employee is not otherwise in breach of the terms of this agreement, and if Employee executes a written waiver of any and all claims the Employee may have against the City, including but not limited to, a Civil Code Section 1542 waiver, then and only then the City shall pay a lump sum cash payment equal to three (3) months base salary, with no benefits included in the severance calculation ("Severance Pay") to Employee. Only base salary will be used to calculate the three months' severance. However, the City shall be relieved of its obligation to pay Severance Pay if Employee is terminated for malfeasance in carrying out the duties obligated under this Agreement or if the Employee is convicted of any illegal act involving moral turpitude or personal gain or if Employee refuses to sign a complete waiver releasing the City of any and all claims the Employee may have against the City. Employee shall also be entitled to any accrued M DocuSign Envelope ID: 948BED65-6942-42B4-A896-43B9DA3B82CF compensable leave as Employee may have accumulated, subject to Section 6 of this Agreement and consistent with the Unclassified Managers Benefits Matrix and/or City Personnel Rules. 4.2 No Severance Pay if Termination for Cause or Initiated by Employee. As provided in Section 3.4(a), should Employee be terminated for cause, the City shall have no obligation to pay the severance provided for in Section 4.1 above. As provided in Section 3.3, should Employee initiate termination of this Agreement, the City shall have no obligation to pay the severance provided for in Section 4.1 above. 4.3 Sole Rights. The severance rights provided in this Section 4.0 shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause. Employee expressly waives any and all other rights with respect to severance pay except as provided herein. �XIi � 11.E 5C�] 7►� /\►`[�1 � 5►�/_� /lll�l 11 [�l�fy 5.1 Purpose. The performance review and evaluation process set forth herein is intended to provide review and feedback to Employee so as to facilitate a more effective management of the City's personnel. Nothing herein shall be deemed to alter or change the employment status of Employee (as set forth in Section 1.3 above), nor shall this Section 5.0 be construed as requiring "cause" to terminate this Agreement, or the services of Employee hereunder. 5.2 Annual Evaluation. The Chief Executive Officer shall review and evaluate the performance of Employee, as drafted by the Finance Director annually within thirty (30) days after each anniversary of the Effective Date. In addition, Employee shall submit for the Chief Executive Officer's and Finance Director consideration at those times established by the Chief Executive Officer, but at least annually, Employee's proposed performance goals and objectives and incorporate the Chief Executive Officer's suggestions. Such review and evaluation shall be conducted concurrently with an annual salary review, and in accordance with the purpose noted in Section 5.1 above. 5.3 Written Summary. The Chief Executive Officer and/or the Finance Director may, at his/her sole discretion, elect to provide a written summary of each performance evaluation to Employee within two (2) weeks following the conclusion of the review and evaluation process, and may, at his sole discretion, schedule at least one (1) closed personnel session with Employee to deliver and discuss the evaluation. 6.0 BENEFITS 6.1 Provision of Benefits. The Employee shall receive all fringe benefits as are defined in the City of Baldwin Park's Unclassified Manager's Benefits Matrix, Effective July 1, 2021, as approved by the City Council, attached as "Exhibit" C. 6.2 Changes to Benefits. To the extent the benefits enumerated in this Section 6.0 are increased, decreased, modified, or eliminated by the City Council, said increase, decrease, modification or elimination of said benefits shall be applicable to Employee at the time it becomes effective. 5 DocuSign Envelope ID: 948BED65-6942-42B4-A896-43B9DA3B82CF 7.0 PROFESSIONAL DEVELOPMENT 7.1 Membership. The City encourages Employee's continued professional development and shall provide payment of appropriate related costs for such activities, including membership in relevant professional organizations, as approved by the Chief Executive Officer. 7.2 Out -of -Town Meetings & Seminars. The City agrees to reimburse Employee the actual cost for registration, travel, lodging, meals, and other expenses incurred by Employee while attending overnight, out-of-town meetings or seminars related to her employment with the City, in accordance with the City's policies for expense reimbursement. Moreover, to be eligible Employee must have budgeted funds available for same; provided, however, that the Chief Executive Officer and/or the Finance Director may, in his/her sole discretion, approve such unbudgeted expenditures if s/he deems it in the best interests of the City. 7.3 Local Meetings & Seminars. The City agrees to reimburse Employee the actual cost of registration, meals, and other expenses necessarily incurred while in attendance at local meetings or seminars related to her employment with City in accordance with the City's policies for expense reimbursement. 7.4 Incidental Expenses. The City agrees to reimburse Employee the actual cost of those incidental expenses necessarily incurred by Employee while engaged in the business of the City upon the presentation of an appropriate receipt therefor, in accordance with the City's policies for expense reimbursement. 7.5 Approval by Chief Executive Officer. To be eligible to receive reimbursement for the memberships and travel and other expenses incurred pursuant to this Section 8.0, Employee shall obtain advance approval of the Chief Executive Officer or his/her designee. 8.0 BONDS AND INDEMNIFICATION 8.1 Indemnification. To the extent mandated by the California Government Code, the City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of Employee's services under this Agreement. This section shall not apply to any intentional tort or crime committed by Employee, to any action outside the course and scope of the services provided by Employee under this Agreement, or any other intentional or malicious conduct or gross negligence of Employee. 8.2 Bonds. City shall bear the full cost of any fidelity or other bonds, which may be required in the performance of Employee's services under this Agreement. 9.0 GENERAL PROVISIONS 9.1 Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to Employee's employment by the City and contains all of the covenants Co DocuSign Envelope ID: 948BED65-6942-42B4-A896-43B9DA3B82CF and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which are not embodied herein, and that no other agreement, statement or promises not contained in this Agreement shall be valid or binding upon either party. 9.2 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing, which amendment shall require City Council approval, except where Chief Executive Officer approval is expressly authorized herein. 9.3 Notices. Any notice required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given when served upon the other party as sent by United States Postal Service, postage prepaid and addressed as follows: To City: To Emplo Chief Executive Officer (CEO) Albert Trinh City of Baldwin Park [On file with Human Resources Division.] 14403 E. Pacific Avenue Baldwin Park, California 91706 Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service. 9.4 Conflicts Prohibited. During the term of this Agreement, Employee shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee's duties under this Agreement. Employee shall comply with all requirements of law, including but not limited to, Sections 87100 et seq., Section 1090 and Section 1125 of the Government Code, and all other similar statutory and administrative rules. 9.5 Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times. 9.6 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. 9.7 Governing. This Agreement shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution and delivery by each party hereto. 9.8 AB 1344. Assembly Bill 1344, which was subsequently enacted as Government Code §§ 53243 - 53243.4, sought to provide greater transparency in local government 7 DocuSign Envelope ID: 948BED65-6942-42B4-A896-43B9DA3B82CF and institute certain limitations on compensation paid to local government executives. These statutes also require that contracts between local agencies and its employees include provisions requiring an employee who is convicted of a crime involving an abuse of her office or position to provide reimbursement to the local agency for the following forms of payment: (i) paid leave salary; (ii) criminal defense costs; (iii) cash settlement payments; and (iv) any non -contractual settlement payments. Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time thereafter. Specifically, the following Government Code sections are called out and hereby incorporated by this Agreement: §53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position. §53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position. §53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position. §53243.3. Reimbursement of noncontractual payments upon conviction or crime involving office or position. §53243.4. "Abuse of office or position" defined. Employee represents that Employee has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to Employee, including that Employee agrees that any cash settlement or severance related to the termination that Employee may receive from the City shall be fully reimbursed to the local agency if Employee is convicted of a crime involving an abuse of her or her office or position. The Government Code provisions referenced in this section are attached hereto in Exhibit `B". 9.9 Independent Legal Advice. The City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement, or had the opportunity to do so, and the City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the party or its representatives who drafted it or who drafted any portion thereof [Signatures on following page] M. DocuSign Envelope ID: 948BED65-6942-42B4-A896-43B9DA3B82CF IN WITNESS WHEREOF, the City of Baldwin Park has caused this Agreement to be signed and executed on its behalf by its Chief Executive Officer, and duly attested by its officers thereunto duly authorized, and Employee has signed and executed this Agreement, all in triplicate. Christopher Saenz, City Clerk Date Marco Martinez, City Attorney Date 9 CITY OF BALDWIN PARK Emmanuel J. Estrada Mayor Date EMPLOYEE 0o Sig-d by: Albert Trinh 9/12/2023 Date DocuSign Envelope ID: 948BED65-6942-42B4-A896-43B9DA3B82CF EXHIBIT A [Accounting Manager Job Description on following page] Iff DocuSign Envelope ID: 948BED65-6942-42B4-A896-43B9DA3B82CF Q gMI.D�1,�M �a,,Hue`pc. n E SAN,G.49iR1EL �` yA LLEY Rb inNUW � .. City of Baldwin Park ACCOUNTING MANAGER Class Specification October, 2019 The City of Baldwin Park is seeking a "hands on" accounting professional to manage all of the day-to-day financial activities and accounting functions of the Finance Department which includes: General Ledger, Accounts Payable, Payroll, Accounts Receivable, as well as :Budget analysis preparation, and various audits SUPERVISION RECEIVED AND EXCERCISED Currently, this position is to directly report to the Director of Finance and the responsibilities of the position include assisting the Finance :Director with the accounting and financial affairs of the organization. This key full-time management position requires significant expertise in administrative, accounting, and supervisory functions. This position will lead, direct, and supervise the Finance Department staff and will oversee procedural improvement programs; City bond sales; cash management and investment programs; develop reporting systems; and conduct research. EXAMPLES OF ESSENTIAL FUNCTIONS: Under general direction, duties of the Accounting Manager may include, but are not limited to, the following: • Analyzes fiscal transactions to assure conformity and compliance with generally accepted governmental accounting procedures and practices as well as City codes and ordinances • Collects, analyzes, interprets and documents fiscal and operating data • Prepares financial statements and reports; audits financial reports; assists in budget preparation • Analyzes and/or prepares a variety of complex financial reports, statements, and schedules; prepares, or oversees, the preparation of new -year, mid -year, year-end, and special reports, including the Comprehensive Annual Financial Report (CAFR) and Other Post -Employment Benefits (OPEB) Actuarial Valuation Report • Manages year-end closing and internal audits; prepares responses to inquiries from regulatory agencies; coordinates and prepares accounting reports and reconciliation for capital improvement projects • Coordinates and updates financial transactions of the CDBG program • Coordinates and updates fixed assets program DocuSign Envelope ID: 948BED65-6942-42B4-A896-43B9DA3B82CF • Provides revenue/expenditure statements, investment schedules and rates for special assessment districts • Monitors and prepares monthly reports on investment portfolios for the City, Successor Agency, and the Housing Authority; responds to inquiries on revenue bonds or general obligations • Works with independent auditors on annual review of City/Commission financial records • And other duties as assigned. QUALIFICATIONS Knowledge of: • Knowledge of municipal finance administration, accounting and auditing principles, and practices and investment theory as promulgated by the American Institute of Certified Public Accountants (AICPA), the Financial Accounting Standards :Board (.FASB), and Governmental Accounting Standards :Board (GASB); investment fund/management and bond sales. • Principles and practices of administration and organizational theory; working knowledge of laws relating to public finance; Knowledge of generally accepted Principles and practices of local government budgeting and investment planning. • Accounting and internal audit principles, methods and techniques; computer operations and financial software applications; principles of supervision. • Experience with Payroll, Microsoft Office and Outlook required. Public sector/government experience highly desired. Ability to: • Attention to detail, organization, problem solving, multi -tasking and strong interpersonal and leadership skills. Experience and Training Any combination equivalent to experience and training that would provide the required knowledge and abilities is qualifying. A typical way to obtain the required knowledge and abilities would be: Education: Bachelor's Degree in Accounting, Finance, Business or Public Administration. Master's Degree is desirable License or Certificate CPA Certification is desirable DocuSign Envelope ID: 948BED65-6942-42B4-A896-43B9DA3B82CF Experience: Five years of progressively responsible professional experience in finance and/or Accounting Minimum of three years of supervisory experience in major financial functions or divisions, or in the management of audits of local government entities DocuSign Envelope ID: 948BED65-6942-42B4-A896-43B9DA3B82CF GOVERNMENT CODE SECTION 53243-53243.4 and 53260(a) 53243. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides paid leave salary offered by the local agency to the officer or employee pending an investigation shall require that any salary provided for that purpose be fully reimbursed if the officer or employee is convicted of a crime involving an abuse of his or her office or position. 53243.1. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides funds for the legal criminal defense of an officer or employee shall require that any funds provided for that purpose be fully reimbursed to the local agency if the officer or employee is convicted of a crime involving an abuse of his or her office or position. 53243.2. On or after January 1, 2012, any contract of employment between an employee and a local agency employer shall include a provision which provides that, regardless of the term of the contract, if the contract is terminated, any cash settlement related to the termination that an employee may receive from the local agency shall be fully reimbursed to the local agency if the employee is convicted of a crime involving an abuse of his or her office or position. 53243.3. On or after January 1, 2012, if a local agency provides, in the absence of a contractual obligation, for any of the payments described in this article, then the employee or officer receiving any payments provided for those purposes shall fully reimburse the local agency that provided those payments in the event that the employee or officer is convicted of a crime involving the abuse of his or her office or position. 53243.4. For purposes of this article, "abuse of office or position" means either of the following: (a) An abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority. (b) A crime against public justice, including, but not limited to, a crime described in Title 5 (commencing with Section 67) or Title 7 (commencing with Section 92) of Part 1 of the Penal Code. 53260. (a) All contracts of employment between an employee and a local agency employer shall include a provision which provides that regardless of the term of the contract, if the contract is terminated, the maximum cash settlement that an employee may receive shall be an amount equal to the monthly salary of the employee multiplied by the number of months left on the unexpired term of the contract. However, if the unexpired term of the contract is greater than 18 months, the maximum cash settlement shall be an amount equal to the monthly salary of the employee multiplied by 18. 12 DocuSign Envelope ID: 948BED65-6942-42B4-A896-43B9DA3B82CF UNCLASSIFIED MANAGERS 13 DocuSign Envelope ID: 948BED65-6942-42B4-A896-43B9DA3B82CF Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 UNCLASSIFIED MANAGERS BENEFITS MATRIX Ir 0IITG a, IU I I1►Y 8 ] COST OF LIVING ADJUSTMENTS The following unadjusted base salary shall receive the following: COLA Effective July 1, 2021 - 2% COLA plus - $5,000 premium Effective July 1, 2022 — 3% COLA Effective July 1, 2023 - 3% COLA INSURANCES/SUPPLEMENTAL WANE PAYMENTS Benefits Plan Effective the first full pay period commencing on or after July 1, 2017, the maximum amount of monies that are eligible for cash out shall be capped at $1,200 per month. Effective the first full pay period commencing on or after July 1, 2017, the City's contribution to medical and dental premiums shall be increased to $1,400 per month. The employee is required to maintain a minimum coverage for himself/herself in a plan of their choice unless the employee can show proof they have adequate health insurance coverage through another source. In instances where the employee's medical insurance premium is less than the City's monthly contribution, such employee will have an option to have the excess monies placed toward an existing benefit program. These options include: 1. Placement in a City provided health insurance plan for self, two (2) party or family coverage; 2. Placement in a City provided dental insurance plan for self, two (2) party or family coverage; 3. Placement spread over a combination of the options listed above; 4. Elect to receive any excess monies in cash, which will be considered as taxable income; or 5. Elect to place the excess cash monies in a City provided deferred compensation program. Vision Plan Effective the first full pay period commencing on or after July 1, 2017, the City will provide a vision plan to all affected employees, and will contribute up to a maximum premium cost of $37.55 per month. If the premium exceeds the amount, then the employee shall be responsible to pay the difference in excess of$37.55. Page 7 of 13 DocuSign Envelope ID: 948BED65-6942-42B4-A896-43B9DA3B82CF Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 Life Insurance The City will provide term life insurance in the face amount of $60,000 effective April 6, 2016. The City will provide a supplemental life insurance program to enable employees to purchase additional life insurance at the employee's cost and no contribution from the City. Long -Term Disability and Short Term Disability The City will provide each employee with long-term disability insurance coverage as set forth in the plan on file in the Human Resources Office. Effective June 1, 1993, affected employees will be eligible to receive benefits commencing on the 31 st day of non -work related injury or illness, and employees will be eligible to receive a maximum benefit of 66 2/3% of their current base salary up to a maximum of $5,000 per month. RETIREMENT Employees Hired Before January 1, 2013 The City contracts with the State of California Public Employees Retirement System (CalPERS) for the classifications contained in this agreement. The plan shall include the following options: 1. 2.7% @ 55 retirement formula (Government Code §21354.4); 2. Single highest year final compensation (Government Code §20042); 3. Military service credit as public service option (Government Code §21024); 4. 1959 Survivors Benefit Level I for which each employee contributes ninety-three cents ($.93) per pay period (Government Code §21571); 5. Pre -Retirement Death Benefits to continue after remarriage of survivor (Government Code §21551); 6. 2% Annual Cost of Living Allowance (Government Code §21329); 7. The City agrees to contract with CalPERS to include 1959 Survivors Benefit Level IV; and 8. $500 Retired Death Benefits. In accordance with City Resolution 2015-094, effective October 25, 2015, employees will pay 100% of the employee's membership contribution to the California Public Employees Retirement System (CalPERS). All such employee contributions shall be deposited in the member's retirement account. New CalPERS Members Hired On or After January 1, 2013 The City contracts with the State of California Public Employees Retirement System (CalPERS) for the classifications contained in this agreement. The plan shall include the following options: 1. 2% at 62 formula (Government Code §7522.20); 2. Three (3) year average final compensation period (Government Code §20037); Page 8 of 13 DocuSign Envelope ID: 948BED65-6942-42B4-A896-43B9DA3B82CF Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 3. Pre -Retirement Death Benefits to continue after remarriage of survivor (Government Code §21551); 4. Military Service Credit as Public Service (Government Code §21024); 5. 1959 Survivors Benefit Level I for which each employee contributes ninety-three cent ($.93) per pay period (Government Code §21571); 6. 2% Annual Cost of Living Allowance (Government Code §21329); 7. Employees will pay 50% of the normal cost, currently 5.5% member contribution to CalPERS; 8. The City agrees to contract with CalPERS to include 1959 Survivors Benefit Level IV; and 9. $500 Retired Death Benefits Retiree Health Benefit Plan for Employees Hired Before July 1, 2020: For all employees hired prior to July 1, 2020, if upon retirement from the City, the employee enrolls in the City's CalPERS medical care plan, the City will pay the minimum employer contribution to CalPERS that is required by Government Code Section 22892(b). In addition, the City will cover the premium cost for retiree -only coverage in the retiree's chosen medical plan. Effective the first full pay period following the date of MOU approval by City Council the Health reimbursement Account (HRA) will be terminated. Retiree Health Benefit Plan for Employees Hired on or After July 1, 2020: For all employees hired on or after July 1, 2020, if upon retirement from the City, the employee enrolls in the City's CalPERS medical care plan, the City will pay only the minimum employer contribution to CalPERS that is required by Government Code section 22892(b). BILINGUAL PAY Effective the first full pay period commencing on or after July 1, 2017, the City agrees to increase the bilingual pay amount from one hundred dollars ($100.00) to one hundred fifty dollars ($150.00) per month to a persona who is capable of speaking, reading, writing and/or interpreting the language of Spanish, Chinese, Japanese, Vietnamese, Tagalog, and Signing. Qualifying test established by the City shall make determination of capability. Re -testing of individuals will be required to determine bilingual capability in the above stated languages. Only those individuals who score at the level of "Good" or better will be eligible for bilingual pay. Effective the first full pay period commencing on or after July 1, 2017, the City will provide an Executive employee an amount of $100.00 per month to obtain and maintain access to personal electronic communication devices (smart phones, tablets, laptops, etc.) also used for City business. Page 9 of 13 DocuSign Envelope ID: 948BED65-6942-42B4-A896-43B9DA3B82CF Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 LONGEVITY PAY Effective the first full pay period following the date of MOU approval by City Council the City agrees to provide a monthly longevity premium to each eligible employee as follows: Years of Service Monthly Premium Five (5) — Nine (9) Years $50 Ten (10) — Fourteen (14) Years $100 Fifteen (15) — Nineteen (19) Years $150 Twenty (20) — Twenty-four (24) Years $200 Twenty-five (25) Years or more $250 Part-time longevity will be applied at fifty percent (50%). For example, one year of part-time work cannot count for more than one half year of longevity. Employees hired full-time after July 1, 2020 will not receive part-time credit for longevity. This section is effective upon ratification and shall not result in back pay or retro pay. ATTENDANCE AND LEAVES Sick Leave The general policy for sick leave will be as set forth, for all full-time employees, in Section 11.4 of the Personnel Rules. Sick leave will accrue at the rate of 3.6923 hours on a biweekly basis and shall be debited on an hourly basis. Each eligible employee shall elect his/her maximum sick leave hours accrual. Dependent upon the total number of currently accrued sick leave hours, the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900 hours. If an eligible employee wishes to elect a maximum sick leave accrual level that is at a higher level than their closest currently accrued sick leave hours, they may do so. The maximum accrual elected by the eligible employee will be irrevocable. Once the election is made by the employee, such excess hours will be removed from the employee's sick leave hours accrual, calculated at their then straight time hourly rate and placed into a sick leave hours bank to be paid at 75% of the total value, with the timing and method of payment to be determined by the City. When an employee's service with the City is terminated for any reason, no compensation shall be paid for the unused sick leave. Page 10 of 13 DocuSign Envelope ID: 948BED65-6942-42B4-A896-43B9DA3B82CF Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 Annual Sick Leave Incentive Sick leave shall accrue on hourly basis of eight (8) hours per month and shall be debited on an hourly usage basis. Each January 1, eligible employees will commence to accrue sick leave hours above their prior elected sick leave hours bank (300, 600 or 900). At the close of the calendar year, each eligible employee will receive 75% of the unused portion of sick leave hours as compensation, calculated at their then straight time hourly rate. Payment will be made at the next closest pay period. Bereavement Leave Each classification represented by the Association shall receive the equivalent of their workweek per incident, as needed, for a death in their immediate family. Immediate family shall mean and include only the employee's spouse, children, stepchildren, foster children, grandchildren, parents, grandparents, brothers, sisters, State Registered Domestic Partner and spouse's Parents and spouse's grandparents. Said time will not be cumulative from one twelve month period to another nor will pay in lieu of unused leave for bereavement is provided. Vacation Employees will be entitled to utilize accrued vacation leave after completion of six (6) months continuous employment with the City. Employees may be eligible to utilize accrued vacation leave at an earlier time, upon written request to and approval of their department head. The times during which an employee may take his/her vacation leave shall be determined by the department head with due regard for the wishes of the employee and for the needs of the service. Employees shall, each calendar year, be required to take a minimum of forty (40) consecutive hours vacation leave. In addition, an employee may, with approval of the appointing authority, use vacation leave in lesser increments during the calendar year. Employees may accumulate up to a maximum of two (2) vacation periods in any one calendar year for the purpose of a vacation leave. A vacation period is defined as the maximum amount of vacation leave accrued by an employee in any calendar year, in accordance with Subsections (a), (b), (c), (d) and (e), as stated below. a. Employees having less than five (5) years of employment (vacation accrual = 96 hours per year) the maximum amount of vacation that may be accumulated shall be 192 hours. b. Employees having more than five (5) years of service but less than ten (10) years of employment (vacation accrual = 1.20 hours per year), the maximum amount of vacation that may be accumulated shall be 240 hours. c. Employees having more than ten (10) years but less than fifteen (15) years of employment (vacation accrual = 1.44 hours per year), the maximum amount of vacation that may be accumulated shall be 288 hours. Page 11 of 13 DocuSign Envelope ID: 948BED65-6942-42B4-A896-43B9DA3B82CF Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 d. Employees having more than fifteen (15) years but less than twenty (20) years of employment (vacation accrual = 168 hours per year), the maximum amount of vacation that may be accumulated shall be 336 hours. e. Employees having over twenty (20) years of employment (vacation accrual 192 hours per year). The maximum amount of vacation that may be accumulated shall be 384 hours. If the employee, because of business necessity, is not able to utilize excess accrued vacation hours, upon written request to and approval of the Department Head, an employee will be given an extension in order to take his/her vacation. In cases where the employee forfeits vacation leave time at the request of the City, upon approval of the Chief Executive Officer or designated representative(s), said employee shall be compensated for forfeited vacation leave time at the employee's current rate of pay. It is the employee's responsibility to schedule vacation time well in advance to avoid forfeiting his/her vacation or to avoid any conflicts. Business necessity is defined as an urgent operational need requiring the employee's presence, as determined by the Department Head, Human Resources Manager and City Manager. Human Resources will send out an email reminder on a semi-annual basis reminding employees to routinely check their vacation balances online to determine if they are at a use or lose status. In the event a legal holiday falls during a vacation leave, such holiday shall not be charged as vacation leave, and the vacation leave shall be extended or accredited accordingly. Employees who separate from the service of the City shall be eligible to receive compensation for all unused, accrued vacation leave. Administrative Leave Effective the first pay period including July 1, 2017, each employee shall receive a maximum of eighty (80) hours of administrative leave with pay each fiscal year. The use of such leave shall be at the reasonable discretion of the employee. Unused time at the end of each fiscal year, June 30, will be paid during the following month of July with said time being calculated at their then straight time hourly rate. Holidays For employees working a 4/1.0 plan, the following days shall be observed as holidays: January lst, the third Monday in February; the last Monday in May; July 4th; the first Monday in September; November 1 Ith; the fourth Thursday in November; December 24th; December 25th; and such other days as may be designated as holidays by motion of the City Council. Page 12 of 13 DocuSign Envelope ID: 948BED65-6942-42B4-A896-43B9DA3B82CF Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 If any of the foregoing holidays falls on a Friday and/or Saturday, the holiday will not be observed on the preceding Wednesday or Thursday. If any of the holidays fall on a Sunday, the Monday following is the holiday in lieu thereof. Floating Holiday Employees working a 4/10 plan will receive two (2) ten (10) hour days of floating leave, for a total of twenty (20) hours. Holiday At the beginning of each calendar year, the City will determine how many of the set holidays fall on a Friday and/or Saturday. An employee will be credited with an equivalent number of hours of holiday time ("holiday bank"). Each affected employee will also be credited with the above floating holidays. The actual date for the use of such leave shall be subject to the approval of the Chief Executive Officer. This holiday bank leave can be used in hourly increments and combined with other leave. Employees may accumulate up to a maximum of one hundred (100) hours of holiday bank time. If an employee, because of business necessity, is not able to utilize accrued holiday bank hours, upon written request to, and approval of the Chief Executive Officer, the employee will be paid for any excess hours over his/her maximum holiday bank hours accrual. Each January 1, such excess hours will be removed from the employee's holiday bank hours accrual, calculated at their then straight time hourly rate and placed in a holiday hours bank to be paid not later than June 30 of the same year. If an employee separates employment from the City, and has used holiday bank time prior to the occurrence of the actual holiday, he/she will have his/her vacation bank, administrative leave and/or final paycheck reduced to reflect the excess holiday bank time used. If an employee separates employment from the City, and has not used any eligible accrued holiday bank time, he/she will be paid for such eligible holiday bank time at his/her straight time rate. Effective the first full pay period commencing on or after January 12, 2020, the City will contribute $150.00 per month to each employee into a City sponsored defined contribution retirement plan. Page 13 of 13 SA. ITEM NO. 1 TO: Honorable Mayor and Members of the City Council x FROM: Rose Tam, Director of Finance s IV"" EY;°� �'E` PREPARED BY: Ana Zhang, Senior Finance Clerk VALLM DATE: September 20, 2023 SUBJECT: Successor Agency To The Dissolved Community Development Commission of The City of Baldwin Park Warrants and Demands SUMMARY Attached is the Warrants and Demands Register for the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the Board ratify the attached Warrants and Demands Register. FISCAL IMPACT The total of the attached Warrants Register for Successor Agency of the City of Baldwin Park was, $541.29 . BACKGROUND The attached Claims and Demands the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous meeting and the following is a summary of the payment released: 1. The August 6, 2023 to September 11, 2023 Successor Agency Warrant with check number 13619 through 13621 in the total amount of $541.29 was made on behalf of Successor Agency of the City of Baldwin Park constituting of claim and demand against the Successor Agency of the City of Baldwin Park, are herewith presented to the City Council as required by law, and hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENTS 1. Check Register Page 1 / 1 City of Baldwin Park, CA Payment Number Payment Date 13619 06/30/2023 13620 13621 06/30/2023 08/21/2023 Vendor Name CHRISTENSEN & SPATH LLP RSG INC BANKCARD CENTER Expense Approval Report By (None) Payment Dates 8/6/2023 - 9/11/2023 Description (Item) Account Number Amount LEGAL ADVISE, REPRESENTATION, NEGOTIATIONS AND 890-40-131-51102-62115 $ 150.00 SERVICES RELATED TO PREPARATION OF HOUSING 890-40-405-51100-00000 $ 68.75 ACCORDION POCKET FOLDERS, ADDR LABELS, DESK COVER 838-20-210-53100-14900 $ 322.54 Grand Total: $ 541.29 SA ITEM NO. 2 TO: Honorable Mayor and Members of the City Council x FROM: Rose Tam, Director of Finance s IV` iAgR'E` PREPARED BY: Anthony Ceballos, Accountant VALLEY;°� M DATE: September 20, 2023 SUBJECT: Treasurer's Report SA — July 2023 SUMMARY Attached is the Treasurer's Report for the month of July 2023. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that the Board receive and file the Treasurer's Report for July 2023. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENTS 1. Exhibit "A", Treasurer's Report Page 1 / 1 CITY OF BALDWIN PARK TREASURER'S REPORT 7/31/2023 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIF) City -Including General Fund & all other Special Revenue Funds 3.305% Varies Varies $ 50,933,235.45 $ 50,933,235.45 $ 50,933,235.45 $ 50,933,235.45 Housing Authority 3.305% Varies Varies 413.88 413.88 413.88 413.88 50,933,649.33 50,933,649.33 50,933,649.33 50,933,649.33 Certificate of Deposit Traditions Bancorp Inc. (Cambridge Investment Research) 4.65% 11/4/2022 11/4/2024 250,000.00 250,000.00 250,000.00 247,492.50 250,000.00 250,000.00 250,000.00 247,492.50 US Government Agency Notes Federal Farm CR BKS Bond (Mutual Securities) 4.125% 9/26/2022 10/17/2023 3,000,000.00 3,000,000.00 3,000,000.00 2,993,130.00 Federal Home Loan BA SER IT-8024 (Mutual Securities) 5.000% 2/15/2023 2/15/2024 2,000,000.00 2,000,000.00 2,000,000.00 1,995,260.00 Federal Home Loan BA SER SC-8024 (Mutual Securities) 5.520% 7/3/2023 6/28/2024 1,000,000.00 1,000,000.00 1,000,000.00 995,980.00 Federal Home Loan BA SER 5G-8024 (Mutual Securities) 5.625% 7/24/2023 1012412024 1,000,000.00 1,000,000.00 1,000,000.00 998,920.00 7,000,000.00 7,000,000.00 7,000,000.00 6,983,290.00 US Treasury Note United States Tress SER BE-8024 (Mutual Securities) 3.000% 7/13/2023 7/31/2024 6,500,000.00 6,500,000.00 6,500,000.00 6,350,435.00 6,500,000.00 6,500,000.00 6,500,000.00 6,350,435.00 US Bank - Debt Service Trustee Accounts Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 3,745,05&06 3,745,058.06 3,745,058.06 3,745,058.06 Fiscal Agent Funds - Successor Agency (Trust/Debt Service Fund) Varies Varies Varies 884,432.09 884,432.09 884,432.09 884,432.09 4,629,490.15 4,629,490.15 4,629,490.15 4,629,490.15 $ 69,313,139.48 $ 69,313,139.48 $ 69,313,139.48 $ 69,144,356.98 Total Investments $ 69,313,139.48 Cash with Bank of the West City Checking (General) 1,638,565.15 City Miscellaneous Cash (WIC, P/R) 272,967.37 CNG Station 2.00 Housing Authority 588,971.39 Money Market Plus 4,034,479.55 Successor Agency 45,250.40 Total Cash with Bank of the West 6,580,235.86 Investment Brokerage (Cash & Cash Equivalents) 112,590.69 Total Cash and Investments $ 76,005,966.03 Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report. There was 3 investment purchase transactions made for the month of July 2023 and several deposits were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 at seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Rose Tam Director of Finance r Agenda SeDtember 20.1' 00 • Chair Emmanuel J. Estrada Vice Chair Monica Garcia Board Member Alejandra Avila Board Member Jean M. Ayala Board Member Daniel Damian Welcome to your Finance Authority Meeting We welcome your interest and involvement in the City's legislative process. This agenda includes information about topics coming before the Board Members and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the cty's website and in the Office of the City Clerk. Please Note: Electronic devices are to be turned off while meetings are in session. The City of Baldwin Park provides two ways to watch a Finance Authority meeting: In Person Online Most Finance Authority meetings take Audio streaming will be available at httos://www.youtube.com/channellUCFLZO dDFRiy59rhiDZ13Fa/featured?view as=subscriber place at City Hall, 14403 E. Pacific hnllbaldwinpark.granicus.comNiewPublisher.php?view id=1O Ave., Baldwin Park, CA 91706 r .. 1 1�• 1 1 i 1 Individuals with disabilities may request an agenda packet in appropriate alternative formats as required by the Americans with Disability Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Clerk's Office at (626) 960-401.1. � 1 1 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 meeting. Speaker cards are available at the podium and by request with the City Clerk. There is a three -minute speaking time limit. This is the time set aside to address the City Council. Please notify the City Clerk if you require the services of an interpreter. No Action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] If you wish to comment on agenda items and are unable to physically appear in person, please email your name, place of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM during City Council Meetings to commentsgbaidwinpark.com. PUBLIC COMMUNICATIONS CONSENT CALENDAR 1. Treasurer's Report FA — July 2023 Staff recommends that the Board receive and file the Treasurer's Report for July 2023. CERTIFICATION I, Christopher Saenz, City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Christopher Saenz City Clerk For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at kromanL&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 1I) FA ITEM NO. 1 TO: Chair and Members of the Finance Authority x FROM: Rose Tam, Director of Finance s IV` iAgR'E` PREPARED BY: Anthony Ceballos, Accountant VALLEY;°� M DATE: September 20, 2023 SUBJECT: Treasurer's Report FA — July 2023 SUMMARY Attached is the Treasurer's Report for the month of July 2023. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that the Board receive and file the Treasurer's Report for July 2023. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. ATTACHMENTS 1. Exhibit "A", Treasurer's Report Page 1 / 1 CITY OF BALDWIN PARK TREASURER'S REPORT 7/31/2023 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIF) City -Including General Fund & all other Special Revenue Funds 3.305% Varies Varies $ 50,933,235.45 $ 50,933,235.45 $ 50,933,235.45 $ 50,933,235.45 Housing Authority 3.305% Varies Varies 413.88 413.88 413.88 413.88 50,933,649.33 50,933,649.33 50,933,649.33 50,933,649.33 Certificate of Deposit Traditions Bancorp Inc. (Cambridge Investment Research) 4.65% 11/4/2022 11/4/2024 250,000.00 250,000.00 250,000.00 247,492.50 250,000.00 250,000.00 250,000.00 247,492.50 US Government Agency Notes Federal Farm CR BKS Bond (Mutual Securities) 4.125% 9/26/2022 10/17/2023 3,000,000.00 3,000,000.00 3,000,000.00 2,993,130.00 Federal Home Loan BA SER IT-8024 (Mutual Securities) 5.000% 2/15/2023 2/15/2024 2,000,000.00 2,000,000.00 2,000,000.00 1,995,260.00 Federal Home Loan BA SER SC-8024 (Mutual Securities) 5.520% 7/3/2023 6/28/2024 1,000,000.00 1,000,000.00 1,000,000.00 995,980.00 Federal Home Loan BA SER 5G-8024 (Mutual Securities) 5.625% 7/24/2023 1012412024 1,000,000.00 1,000,000.00 1,000,000.00 998,920.00 7,000,000.00 7,000,000.00 7,000,000.00 6,983,290.00 US Treasury Note United States Tress SER BE-8024 (Mutual Securities) 3.000% 7/13/2023 7/31/2024 6,500,000.00 6,500,000.00 6,500,000.00 6,350,435.00 6,500,000.00 6,500,000.00 6,500,000.00 6,350,435.00 US Bank - Debt Service Trustee Accounts Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 3,745,05&06 3,745,058.06 3,745,058.06 3,745,058.06 Fiscal Agent Funds - Successor Agency (Trust/Debt Service Fund) Varies Varies Varies 884,432.09 884,432.09 884,432.09 884,432.09 4,629,490.15 4,629,490.15 4,629,490.15 4,629,490.15 $ 69,313,139.48 $ 69,313,139.48 $ 69,313,139.48 $ 69,144,356.98 Total Investments $ 69,313,139.48 Cash with Bank of the West City Checking (General) 1,638,565.15 City Miscellaneous Cash (WIC, P/R) 272,967.37 CNG Station 2.00 Housing Authority 588,971.39 Money Market Plus 4,034,479.55 Successor Agency 45,250.40 Total Cash with Bank of the West 6,580,235.86 Investment Brokerage (Cash & Cash Equivalents) 112,590.69 Total Cash and Investments $ 76,005,966.03 Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report. There was 3 investment purchase transactions made for the month of July 2023 and several deposits were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 at seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Rose Tam Director of Finance Agenda SeDtember 1' i i i PM Chair Emmanuel J. Estrada Vice Chair Daniel Damian Board Member Alejandra Avila Board Member Jean M. Ayala Board Member Monica Garcia Welcome to your Housing Authority Meeting We welcome your interest and involvement in the City's legislative process. This agenda includes information about topics coming before the Board Members and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the cty's website and in the Office of the City Clerk. Please Note: Electronic devices are to be turned off while meetings are in session. The City of Baldwin Park provides two ways to watch a Housing Authority meeting: In Person Online Most Housing Authority meetings take Audio streaming will be available at https://www.youtube.com/channellUCFLZO dDFRiy59rhiDZ13Fa/featured?view as=subscriber place at City Hall, 14403 E. Pacific htta.11baldwinpark.granicus.com/yiewPublisher.php?view id=1O Ave., Baldwin Park, CA 91706 r .. 1 1�• 1 1 i 1 Individuals with disabilities may request an agenda packet in appropriate alternative formats as required by the Americans with Disability Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Clerk's Office at (626) 960-401.1. � 1 1 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 meeting. Speaker cards are available at the podium and by request with the City Clerk. There is a three -minute speaking time limit. This is the time set aside to address the City Council. Please notify the City Clerk if you require the services of an interpreter. No Action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] If you wish to comment on agenda items and are unable to physically appear in person, please email your name, place of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM during City Council Meetings to commentsgbaidwinpark.com. PUBLIC COMMUNICATIONS CONSENT CALENDAR 1. Baldwin Park Housing Authority's Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register. 2. Treasurer's Report HA — July 2023 Staff recommends that the Board receive and file the Treasurer's Report for July 2023. "a Lei Ut'lefuy 1 pla Y CERTIFICATION I, Christopher Saenz, City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Christopher Saenz City Clerk For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at kromanL&baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) ■-V FfAll 9LT us 7 TO: Chair and Members of the Housing Authority HUEi'OF. :.,'C '' THEFROM: Rose Tam, Director of Finance TZ PREPARED BY: Ana Zhang, Senior Finance Clerk JANL) DATE: September 20, 2023 SUBJECT: Baldwin Park Housing Authority's Warrants and Demands SUMMARY Attached are the Warrants and Demands Registers for the City of Baldwin Park Housing Authority to be ratified by the Board. RECOMMENDATION Staff recommends that the Board ratify the attached Warrants and Demands Register. FISCAL IMPACT The total of the Warrants and Demands for Housing Authority was $724,772.36. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous meeting and the following is a summary of the payment released: 1. The August 6, 2023 to September 11, 2023 Warrant check numbers 72803 through 72829 in the amount of $15,595.56 and Automated Clearing House (ACH) In the amount of $709,176.80 were made on behalf of City of Baldwin Park Housing Authority constituting of claims and demands, are herewith presented to the Board as required by law, and hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENTS 1. Happy Check Register 2. Happy Check Register ACH Page 1 / 1 Check Register ^~`~po^~ 9/11/2023 Date Range: 9/G/2023... 9/11/2023 Grouped by: VMS Date Range: ... Sorted by: Check Number Program: - Payment Type: Check Numbers: — Direct Deposit: Exclude Direct Deposit Check Cleared: All Port Status: Include Port Ins ZonnHAPs: Include Zero HAPa Voided Payments: Omit Voided Payments Held Checks: Exclude Held Checks V'Check Number Check Date VMS Date Payee Name DD Amount []72804 0808/2023 0001/2023 Primrose Villa dbaOak Park -North [] $7631.00 []72805 0901/2023 0801/2023 Jenne||eK4Henderson [] $30.00 []72800 09/01/2023 0801/2023 Julie LFonseca [] $10.00 []72807 0901/2023 0801/2023 Vanessa SRoss [] $109.00 []72808 09/01/2023 0801/2023 Jacqueline Chaves [] $248.00 []72808 0901/2023 0801/2023 Carmen Rivera -Madrid [] $14.00 []72810 09/01/2023 0801/2023 XiomamAMartinez [] $30.00 []72811 0901/2023 0801/2023 Rebecca Galindo [] $17.00 []72812 09/01/2023 0801/2023 City ofPomona Housing Authority [] $842.28 []72813 0901/2023 0801/2023 Ken Chi -Kin Yu [] $10.00 []72814 09/01/2023 0801/2023 Monica AEaoa|ant* [] $64.00 []72815 0901/2023 0801/2023 ViridianaK4odina [] $17.00 []72810 09/01/2023 0801/2023 Mindy Sophia Aguirre [] $33.00 []72817 0901/2023 0801/2023 Camille K4Loveumith [] $42.00 []72818 09/01/2023 0801/2023 Gwendolyn Jean Adams [] $16.00 []72810 0901/2023 0801/2023 Diana Mary Baroe|o [] $10.00 []72820 09/01/2023 0801/2023 Jess Edward Pom|ta [] $10.00 []72821 0901/2023 0801/2023 Jessica EChi [] $20.00 []72822 09/01/2023 0801/2023 Ricky Garcia [] $4�00 []72823 0901/2023 0801/2023 |me|daASanchez Diaz [] $40.00 []72824 09/01/2023 0603/2023 Sarah Rios [] $83.00 []72825 0901/2023 07/17/2023 K4ikiOaep [] $55.00 []72820 09/01/2023 0801/2023 Eternal Link LLC [] $1648.00 []72827 0901/2023 0801/2023 George KaChun Chew [] $2242.00 []72828 09/01/2023 0801/2023 City ofCarlsbad [] $1015.28 []72820 0901/2023 0801/2023 Cameron Properties [] $1333.00 Copyright @2011-2U23.HAPPY Software, Inc. Check Register Report uz 09/11/2023 Page Total $15,595.56 Average $433.21 Unit Count 7 Average Weighted by Unit Count $1,358.86 Hard to House Count 1 Copyright © 2011-2023, HAPPY Software, Inc. Check Register Report AZ 09/11/2023 Page 2 Check Register Report 9/11 /2023 Date Range: 8/6/2023... 9/11/2023 Grouped by: VMS Date Range: ... Sorted by: Check Number Program: - Payment Type: Check Numbers: ... Direct Deposit: Include Direct Deposit Check Cleared: All Port Status: Include Port Ins Zero HAPs: Include Zero HAPs Voided Payments: Omit Voided Payments Held Checks: Exclude Held Checks 'Check Number Check Date VMS Date Payee Name DD Amount ❑ 31663 08/08/2023 07/18/2023 Tyler -Valley Metro Housing, LP ❑ $2339.00 ❑ 31664 08/08/2023 06/01 /2023 19 $3903.00 ❑ 31665 08/08/2023 06/01/2023 Post Brookhollow, , LP ❑ $6543.00 ❑ 31666 08/08/2023 04/01/2023 Los Angeles County Housing Authority ® $16371.40 ❑ 31667 09/01/2023 09/01/2023 Tyler -Valley Metro Housing, LP ❑ $9522.00 ❑ 31668 09/01/2023 09/01/2023 Y & H Investment, Inc. ® $1648.00 ❑ 31669 09/01/2023 09/01/2023 Eunice Property, LLC ❑ $1270.00 ❑ 31670 09/01/2023 09/01/2023 Wilson Apartment Associates L.P. ® $756.00 ❑ 31671 09/01/2023 09/01/2023 Monet Huong Nguyen ❑ $3003.00 ❑ 31672 09/01/2023 09/01/2023 ASCENSION HOLDINGS LLC ® $1262.00 ❑ 31673 09/01/2023 09/01/2023 Tom Cinquegrani ❑ $513.00 ❑ 31674 09/01/2023 09/01/2023 Mark T. Fernandez ® $994.00 ❑ 31675 09/01/2023 09/01/2023 Melody (Muoi) Dao ❑ $1539.00 ❑ 31676 09/01/2023 09/01/2023 John W. Ruwitch and Anh Lam Truong ® $1153.00 ❑ 31677 09/01/2023 09/01/2023 Adam King Lee and Joyce Ng Lee ❑ $1351.00 ❑ 31678 09/01/2023 09/01/2023 Mingyu Qu 19 $2730.00 ❑ 31679 09/01/2023 09/01/2023 SAE GROUP, LLC ❑ $1988.00 ❑ 31680 09/01/2023 09/01/2023 Wei Zhen Su 19 $1600.00 ❑ 31681 09/01/2023 09/01/2023 Mallorca Apartments, LTD ❑ $2834.00 ❑ 31682 09/01/2023 09/01/2023 Michael I. or Ling Brooks ® $771.00 ❑ 31683 09/01/2023 09/01/2023 Donna J Falls ❑ $785.00 ❑ 31684 09/01/2023 09/01/2023 Cipriano Salazar Jr. ® $1612.00 ❑ 31685 09/01/2023 09/01/2023 Dung Tran ❑ $595.00 ❑ 31686 09/01/2023 09/01/2023 Monrovia 612, LP 19 $23279.00 ❑ 31687 09/01/2023 09/01/2023 Leslie K Ng ❑ $1043.00 ❑ 31688 09/01/2023 09/01/2023 Jun Hua Hu 19 $2745.00 ❑ 31689 09/01/2023 09/01/2023 Quoc T. Vo ❑ $2161.00 ❑ 31690 09/01/2023 09/01/2023 Lien Diep 19 $1255.00 ❑ 31691 09/01/2023 09/01/2023 LLJ Stratford Sunset, LLC, Sunset ❑ $4262.00 ❑ 31692 09/01/2023 09/01/2023 Rosa Lamas-Serratos ® $1668.00 ❑ 31693 09/01/2023 09/01/2023 Villa Olive Oak dba Oak Park- South ❑ $7065.00 ❑ 31694 09/01/2023 09/01/2023 Malcolm Oso 19 $983.00 Copyright © 2011-2023, HAPPY Software, Inc. Check Register Report AZ 09/11/2023 Page 1 ❑ 31695 09/01/2023 09/01/2023 Dieu-Thuy Nu Ton ® $966.00 ❑ 31696 09/01/2023 09/01/2023 Dajojo, LLC to $632.00 ❑ 31697 09/01/2023 09/01/2023 Investor Trust Realty Group, Inc. ® $1453.00 ❑ 31698 09/01/2023 09/01/2023 Don Norwood to $1479.00 ❑ 31699 09/01/2023 09/01/2023 Aaron Abdus Shakoor ® $1739.00 ❑ 31700 09/01/2023 09/01/2023 Ana Thai to $883.00 ❑ 31701 09/01/2023 09/01/2023 SRI Properties No 15 LLC ® $1268.00 ❑ 31702 09/01/2023 09/01/2023 Larry Chow to $1847.00 ❑ 31703 09/01/2023 09/01/2023 T & T Asset Holding, LLC ® $412.00 ❑ 31704 09/01/2023 09/01/2023 Michael Alfred Alarcon to $1334.00 ❑ 31705 09/01/2023 09/01/2023 Mousa Boushaaya ® $1633.00 ❑ 31706 09/01/2023 09/01/2023 Tuan Viet Ho to $2082.00 ❑ 31707 09/01/2023 09/01/2023 Xiaomin Lin and Xiaoxi Wu ® $1982.00 ❑ 31708 09/01/2023 09/01/2023 Jun Ye and Ming Feng to $1786.00 ❑ 31709 09/01/2023 09/01/2023 4324 Walnut St LLC 19 $83.00 ❑ 31710 09/01/2023 09/01/2023 El Monte Housing Partners LP - The to $10141.00 ❑ 31711 09/01/2023 09/01/2023 Joseph T. Tung ® $1648.00 ❑ 31712 09/01/2023 09/01/2023 Alamitas LLC to $629.00 ❑ 31713 09/01/2023 09/01/2023 Avalon Monrovia LLC ® $1375.00 ❑ 31714 09/01/2023 09/01/2023 Pro Management Inc. to $1471.00 ❑ 31715 09/01/2023 09/01/2023 Andrew & Eva Fogg ® $1403.00 ❑ 31716 09/01/2023 09/01/2023 Heritage Park Villas LP to $23794.00 ❑ 31717 09/01/2023 07/17/2023 Heritage Park Villas LP ® $9463.00 ❑ 31718 09/01/2023 09/01/2023 Villa Olive Oak dba Oak Park - South ® $3563.00 ❑ 31719 09/01/2023 09/01/2023 19 $21326.00 ❑ 31720 09/01/2023 09/01/2023 Palo Verde Apartments, LP to $903.00 ❑ 31721 09/01/2023 09/01/2023 Sharon Campbell ® $3044.00 ❑ 31722 09/01/2023 09/01/2023 John M Jacquet Sr. ® $1110.0c ❑ 31723 09/01/2023 09/01/2023 Linda Alice Enriquez ® $2124.00 ❑ 31724 09/01/2023 09/01/2023 Ha X Van ® $4227.00 ❑ 31725 09/01/2023 09/01/2023 Chen Jackson ® $987.00 ❑ 31726 09/01/2023 09/01/2023 Philip Tsui ® $971.00 ❑ 31727 09/01/2023 09/01/2023 Paul Yen ® $1719.00 ❑ 31728 09/01/2023 09/01/2023 Becky Binh Nguyet Luu or Eddie Ma ® $2001.00 ❑ 31729 09/01/2023 09/01/2023 Tinh Van Le ® $668.00 ❑ 31730 09/01/2023 09/01/2023 Everardo Garcia ® $2421.00 ❑ 31731 09/01/2023 09/01/2023 Ngoc T. Lieu ® $2658.00 ❑ 31732 09/01/2023 09/01/2023 Alfred Tai-Kong Ho and Lisa Chen ® $1211.00 ❑ 31733 09/01/2023 09/01/2023 Covina 023 Woods 206 LP c/o ® $1288.00 ❑ 31734 09/01/2023 09/01/2023 Doreen Han ® $1405.00 ❑ 31735 09/01/2023 09/01/2023 PI Properties No. 94 LLC ® $1155.00 ❑ 31736 09/01/2023 09/01/2023 Baldwin Park Family Housing Limited ® $20481.00 ❑ 31737 09/01/2023 09/01/2023 Grace Chiou ® $901.00 ❑ 31738 09/01/2023 09/01/2023 Marina Alvarez ® $3162.00 ❑ 31739 09/01/2023 09/01/2023 Zhi Min Li and WXL Investments Inc. ® $2187.00 ❑ 31740 09/01/2023 09/01/2023 Sui Man Mak ® $752.00 Copyright © 2011-2023, HAPPY Software, Inc. Check Register Report AZ 09/11/2023 Page 2 ❑ 31741 09/01/2023 09/01/2023 Henry Wong 0 $2174.00 ❑ 31742 09/01/2023 09/01/2023 West Covina Senior Villas II, LP ® $482.00 ❑ 31743 09/01/2023 09/01/2023 Dung Trung Pham and Tammy Tram ® $364.00 ❑ 31744 09/01/2023 09/01/2023 Francisco J. Sanchez and Gloria ® $1109.00 ❑ 31745 09/01/2023 09/01/2023 Blessed Rock of El Monte ® $28039.00 ❑ 31746 09/01/2023 09/01/2023 Blessed Rock of El Monte ® $5910.00 ❑ 31747 09/01/2023 09/01/2023 Vintage West Covina ® $6548.00 ❑ 31748 09/01/2023 09/01/2023 Alfonso Contreras ® $1088.00 ❑ 31749 09/01/2023 09/01/2023 Ryan Quach and Hue Cao ® $1831.00 ❑ 31750 09/01/2023 09/01/2023 Alta Vista Villas, LP c/o Yale ® $2950.00 ❑ 31751 09/01/2023 09/01/2023 West Covina Seniors Villas 1 ® $1056.00 ❑ 31752 09/01/2023 09/01/2023 Post Brookhollow, , LP ® $17456.00 ❑ 31753 09/01/2023 09/01/2023 Rahmat Ray Nehdar ® $1148.00 ❑ 31754 09/01/2023 09/01/2023 Alexander Chan ® $2339.00 ❑ 31755 09/01/2023 09/01/2023 Phat Binh Vuong ® $815.00 ❑ 31756 09/01/2023 09/01/2023 Alan Wu ® $806.00 ❑ 31757 09/01/2023 09/01/2023 Lawe Family Trust ® $844.00 ❑ 31758 09/01/2023 09/01/2023 Henry Ho ® $1318.00 ❑ 31759 09/01/2023 09/01/2023 PAMA IV Properties, LP ® $4597.00 ❑ 31760 09/01/2023 09/01/2023 Roger Hin Nam Mak ® $10259.00 ❑ 31761 09/01/2023 09/01/2023 LAT Investments, LLC ® $5705.00 ❑ 31762 09/01/2023 09/01/2023 Kimmie Mu Matsunaga ® $4212.00 ❑ 31763 09/01/2023 09/01/2023 Xitlalai Del Real Sanchez ® $1433.00 ❑ 31764 09/01/2023 09/01/2023 Mary L Haynes ® $1060.00 ❑ 31765 09/01/2023 09/01/2023 Clinett Glazis ® $368.00 ❑ 31766 09/01/2023 09/01/2023 Jim & Nancy Bailey ® $584.00 ❑ 31767 09/01/2023 09/01/2023 Kimberly Nguyen ® $836.00 ❑ 31768 09/01/2023 09/01/2023 LLP Investments ® $1735.00 ❑ 31769 09/01/2023 09/01/2023 Joseph M. Kwok ® $1735.00 ❑ 31770 09/01/2023 09/01/2023 Leng Zhang and Bao Ying Jiang ® $1340.00 ❑ 31771 09/01/2023 09/01/2023 Mack E Titus ® $413.00 ❑ 31772 09/01/2023 09/01/2023 Lourdes J. Garrison ® $1765.00 ❑ 31773 09/01/2023 09/01/2023 Angelica Garcia ® $2343.00 ❑ 31774 09/01/2023 09/01/2023 Sophia Wong ® $1247.00 ❑ 31775 09/01/2023 09/01/2023 Lois J Gaston ® $1277.00 ❑ 31776 09/01/2023 09/01/2023 Doan & Lily Thi ® $2100.00 ❑ 31777 09/01/2023 09/01/2023 El Monte Affordable Housing Partner ® $309.00 ❑ 31778 09/01/2023 09/01/2023 Jose Baudelio Delgado ® $570.00 ❑ 31779 09/01/2023 09/01/2023 Larry Mimms ® $1600.00 ❑ 31780 09/01/2023 09/01/2023 Jaime Jimenez ® $627.00 ❑ 31781 09/01/2023 09/01/2023 Ramiro Viramontes and Veronica ® $195.00 ❑ 31782 09/01/2023 09/01/2023 ® $1584.00 ❑ 31783 09/01/2023 09/01/2023 Fat Law ® $851.00 ❑ 31784 09/01/2023 09/01/2023 Kevin Kambor Kwong and Yuk Ming ® $1524.00 ❑ 31785 09/01/2023 09/01/2023 Dwight Chang ® $2460.00 ❑ 31786 09/01/2023 09/01/2023 Cameron Park Community Partners, ® $270.00 Copyright © 2011-2023, HAPPY Software, Inc. Check Register Report AZ 09/11/2023 Page 3 ❑ 31787 09/01/2023 09/01/2023 Mozhgan Tavakoli ® $1216.00 ❑ 31788 09/01/2023 09/01/2023 Jun Tang ® $576.00 ❑ 31789 09/01/2023 09/01/2023 Anmelindon LLC ® $1714.00 ❑ 31790 09/01/2023 09/01/2023 Lourdes Vela ® $3821.00 ❑ 31791 09/01/2023 09/01/2023 Gilbert Roybal ® $966.00 ❑ 31792 09/01/2023 09/01/2023 Philip & Fanny Kwok ® $1590.00 ❑ 31793 09/01/2023 09/01/2023 Primrose Villa dba Oak Park -North ® $4412.00 ❑ 31794 09/01/2023 09/01/2023 Woodside Village Apartments LP ® $6912.00 ❑ 31795 09/01/2023 09/01/2023 Cynthia Pham ® $744.00 ❑ 31796 09/01/2023 09/01/2023 Katie Yau and Daniel Hong ® $3040.00 ❑ 31797 09/01/2023 09/01/2023 Fanny Chan ® $1100.00 ❑ 31798 09/01/2023 09/01/2023 Baldwin Rose LP ® $1850.00 ❑ 31799 09/01/2023 09/01/2023 Kwan and Mei Chiang ® $1399.00 ❑ 31800 09/01/2023 09/01/2023 Sergio Molina ® $338.00 ❑ 31801 09/01/2023 09/01/2023 Chuen Lau ® $1371.00 ❑ 31802 09/01/2023 09/01/2023 Tanya H Chen ® $2010.00 ❑ 31803 09/01/2023 09/01/2023 Dan Thanh Peng and Hoan Peng ® $1626.00 ❑ 31804 09/01/2023 09/01/2023 Peter N Wong or ® $1090.00 ❑ 31805 09/01/2023 09/01/2023 JM Lam Investment LLC ® $652.00 ❑ 31806 09/01/2023 09/01/2023 Ngoc Lieu ® $1252.00 ❑ 31807 09/01/2023 09/01/2023 Joseph H. Garcia ® $1427.00 ❑ 31808 09/01/2023 09/01/2023 Lark Ellen Village ® $12648.00 ❑ 31809 09/01/2023 09/01/2023 Xuyen Thach Han ® $3200.00 ❑ 31810 09/01/2023 09/01/2023 EZ APT LLC ® $1182.00 ❑ 31811 09/01/2023 09/01/2023 Kim Wah Wong and Sau Yi Wong ® $1378.00 ❑ 31812 09/01/2023 09/01/2023 Lucena A Ewing ® $3969.00 ❑ 31813 09/01/2023 09/01/2023 Jocelyn Jae Jhong ® $2202.00 ❑ 31814 09/01/2023 09/01/2023 Emilio De Jesus Cruz ® $206.00 ❑ 31815 09/01/2023 09/01/2023 Isabel R Sanchez ® $1760.00 ❑ 31816 09/01/2023 09/01/2023 Cienega Garden Apartments ® $6672.00 ❑ 31817 09/01/2023 09/01/2023 Vinh Hong Lai ® $3616.00 ❑ 31818 09/01/2023 09/01/2023 Doreen E Ewing ® $1337.00 ❑ 31819 09/01/2023 09/01/2023 Moller Property Management ® $725.00 ❑ 31820 09/01/2023 09/01/2023 Olie Terrell Johnson ® $845.00 ❑ 31821 09/01/2023 09/01/2023 TPA/NASCH LLC, Westgate as a sole ® $3558.00 ❑ 31822 09/01/2023 09/01/2023 TDF LP - Pacific Towers c/o Winn ® $8771.00 ❑ 31823 09/01/2023 09/01/2023 Paul & Annie W Chau ® $934.00 ❑ 31824 09/01/2023 09/01/2023 Steven Eraj Espantman and Marta ® $1327.00 ❑ 31825 09/01/2023 09/01/2023 Gilbert Dominguez ® $11961.00 ❑ 31826 09/01/2023 09/01/2023 Eric Yu ® $1662.00 ❑ 31827 09/01/2023 09/01/2023 Up Hill Investment Inc. ® $1766.00 ❑ 31828 09/01/2023 09/01/2023 Dieu Van Huynh ® $973.00 ❑ 31829 09/01/2023 09/01/2023 Kelly Nguyen ® $1614.00 ❑ 31830 09/01/2023 09/01/2023 Vijay Gulati ® $4923.00 ❑ 31831 09/01/2023 09/01/2023 Ramona Property Managers, Inc. ® $539.00 ❑ 31832 09/01/2023 09/01/2023 Nancy Mikhaiel ® $2581.00 Copyright © 2011-2023, HAPPY Software, Inc. Check Register Report AZ 09/11/2023 Page 4 ❑ 31833 09/01/2023 09/01/2023 Badillo Street Senior Apartments, LLC ® $23172.00 ❑ 31834 09/01/2023 09/01/2023 Monrovia Heritage Park LP Heritage ® $21059.00 ❑ 31835 09/01/2023 09/01/2023 Los Angeles County Housing Authority ® $8245.40 ❑ 31836 09/01/2023 09/01/2023 James or Barbara Fox ® $1086.00 ❑ 31837 09/01/2023 09/01/2023 Mayra Ortega ® $1141.00 ❑ 31838 09/01/2023 09/01/2023 Sel Homes LLC ® $6740.00 ❑ 31839 09/01/2023 09/01/2023 Hui Chuan Wang ® $3806.00 ❑ 31840 09/01/2023 09/01/2023 725-731 W. Duarte Rd, LLC ® $1727.00 ❑ 31841 09/01/2023 09/01/2023 Nhan Nguyen and Amy Tran ® $2948.00 ❑ 31842 09/01/2023 09/01/2023 Paul P Simon ® $1845.00 ❑ 31843 09/01/2023 09/01/2023 Puente Villa LLC ® $751.00 ❑ 31844 09/01/2023 09/01/2023 RAMONA BLVD. FAMILY ® $9981.00 ❑ 31845 09/01/2023 09/01/2023 AJG Realty Inc. ® $1892.00 ❑ 31846 09/01/2023 09/01/2023 Maria Martha Martinez ® $1422.00 ❑ 31847 09/01/2023 09/01/2023 Antonio & Aida Rinos ® $1727.00 ❑ 31848 09/01/2023 09/01/2023 Greater San Gabriel Valley Property ® $1144.00 ❑ 31849 09/01/2023 09/01/2023 Annette C Scott ® $1650.00 ❑ 31850 09/01/2023 09/01/2023 Denise Van Pham ® $3760.00 ❑ 31851 09/01/2023 09/01/2023 1024 Royal Oaks LP dba Whispering ® $17585.00 ❑ 31852 09/01/2023 09/01/2023 1024 Royal Oaks LP dba Whispering ® $12877.00 ❑ 31853 09/01/2023 09/01/2023 Derek Sim ® $1112.00 ❑ 31854 09/01/2023 09/01/2023 Josephine Tran ® $1139.00 ❑ 31855 09/01/2023 09/01/2023 Allan M. & Virginia J Chipp and Ralph ® $936.00 ❑ 31856 09/01/2023 09/01/2023 Zi Jian Li ® $1883.00 ❑ 31857 09/01/2023 09/01/2023 Minh A Nguyen ® $1792.00 ❑ 31858 09/01/2023 09/01/2023 Jaime Barcena ® $1250.00 ❑ 31859 09/01/2023 09/01/2023 Monica D Mao ® $1377.00 ❑ 31860 09/01/2023 09/01/2023 Shiu-Ein Huang ® $264.00 ❑ 31861 09/01/2023 09/01/2023 LAI MING LEUNG ® $489.00 ❑ 31862 09/01/2023 09/01/2023 The Promenade Housing Partners, LP ® $5083.00 ❑ 31863 09/01/2023 09/01/2023 Paramjit S Nijjar ® $2701.00 ❑ 31864 09/01/2023 09/01/2023 Rosa Beltran ® $1244.00 ❑ 31865 09/01/2023 09/01/2023 James Ronald Nguyen ® $908.00 ❑ 31866 09/01/2023 09/01/2023 David Wagner ® $1206.00 ❑ 31867 09/01/2023 09/01/2023 Ynfante Holdings I, LLC ® $914.00 ❑ 31868 09/01/2023 09/01/2023 Roman Basin ® $1059.00 ❑ 31869 09/01/2023 09/01/2023 Sandhya Kal and Padma Kal ® $1435.00 ❑ 31870 09/01/2023 09/01/2023 K. Carl and Zitta A Setian ® $1395.00 ❑ 31871 09/01/2023 09/01/2023 Nomer Lacson ® $2117.00 ❑ 31872 09/01/2023 09/01/2023 Anna & Simon Choi ® $1398.00 ❑ 31873 09/01/2023 09/01/2023 Chung Thi Pham ® $2571.00 ❑ 31874 09/01/2023 09/01/2023 Rosie Leon ® $1263.00 ❑ 31875 09/01/2023 09/01/2023 Roy Lam ® $1234.00 ❑ 31876 09/01/2023 09/01/2023 Golden Dragon Properties LLC c/o ® $840.00 ❑ 31877 09/01/2023 09/01/2023 Nancy H Shen ® $719.00 ❑ 31878 09/01/2023 09/01/2023 Joe Clark ® $1589.00 Copyright © 2011-2023, HAPPY Software, Inc. Check Register Report AZ 09/11/2023 Page 5 ❑ 31879 09/01/2023 09/01/2023 Richard A DaSylveira ® $11.00 ❑ 31880 09/01/2023 09/01/2023 M B Equity LLC ® $1450.00 ❑ 31881 09/01/2023 09/01/2023 Sara Romo ® $1961.00 ❑ 31882 09/01/2023 09/01/2023 T & P Property LLC ® $945.00 ❑ 31883 09/01/2023 09/01/2023 Singing Wood Senior Housing LP ® $16312.00 ❑ 31884 09/01/2023 09/01/2023 Michael H Phuong ® $1067.00 ❑ 31885 09/01/2023 09/01/2023 Stara B. Mamdani ® $2239.00 ❑ 31886 09/01/2023 09/01/2023 Joseph Pham ® $820.00 ❑ 31887 09/01/2023 09/01/2023 Garvey Senior Affordable Partners, LP ® $3073.00 ❑ 31888 09/01/2023 09/01/2023 Ryan Kinpong Woo and Ching King ® $894.00 ❑ 31889 09/01/2023 09/01/2023 Mei Yan Chen ® $1215.00 ❑ 31890 09/01/2023 09/01/2023 Shawn Hui Zhen ® $2577.00 ❑ 31891 09/01/2023 09/01/2023 Fred Lau ® $682.00 ❑ 72803 08/08/2023 07/06/2023 ® $5413.00 Total $709,176.80 Average $1,308.44 Unit Count 523 Average Weighted by Unit Count $1,332.02 Hard to House Count 7 Copyright © 2011-2023, HAPPY Software, Inc. Check Register Report AZ 09/11/2023 Page 6 HA ITEM NO. 2 TO: Chair and Members of the Housing Authority x FROM: Rose Tam, Director of Finance s IV` iAgR'E` PREPARED BY: Anthony Ceballos, Accountant VALLEY;°� M DATE: September 20, 2023 SUBJECT: Treasurer's Report HA — July 2023 SUMMARY Attached is the Treasurer's Report for the month of July 2023. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that the Board receive and file the Treasurer's Report for July 2023. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENTS 1. Exhibit "A", Treasurer's Report Page 1 / 1 CITY OF BALDWIN PARK TREASURER'S REPORT 7/31/2023 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIF) City -Including General Fund & all other Special Revenue Funds 3.305% Varies Varies $ 50,933,235.45 $ 50,933,235.45 $ 50,933,235.45 $ 50,933,235.45 Housing Authority 3.305% Varies Varies 413.88 413.88 413.88 413.88 50,933,649.33 50,933,649.33 50,933,649.33 50,933,649.33 Certificate of Deposit Traditions Bancorp Inc. (Cambridge Investment Research) 4.65% 11/4/2022 11/4/2024 250,000.00 250,000.00 250,000.00 247,492.50 250,000.00 250,000.00 250,000.00 247,492.50 US Government Agency Notes Federal Farm CR BKS Bond (Mutual Securities) 4.125% 9/26/2022 10/17/2023 3,000,000.00 3,000,000.00 3,000,000.00 2,993,130.00 Federal Home Loan BA SER IT-8024 (Mutual Securities) 5.000% 2/15/2023 2/15/2024 2,000,000.00 2,000,000.00 2,000,000.00 1,995,260.00 Federal Home Loan BA SER SC-8024 (Mutual Securities) 5.520% 7/3/2023 6/28/2024 1,000,000.00 1,000,000.00 1,000,000.00 995,980.00 Federal Home Loan BA SER 5G-8024 (Mutual Securities) 5.625% 7/24/2023 1012412024 1,000,000.00 1,000,000.00 1,000,000.00 998,920.00 7,000,000.00 7,000,000.00 7,000,000.00 6,983,290.00 US Treasury Note United States Tress SER BE-8024 (Mutual Securities) 3.000% 7/13/2023 7/31/2024 6,500,000.00 6,500,000.00 6,500,000.00 6,350,435.00 6,500,000.00 6,500,000.00 6,500,000.00 6,350,435.00 US Bank - Debt Service Trustee Accounts Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 3,745,05&06 3,745,058.06 3,745,058.06 3,745,058.06 Fiscal Agent Funds - Successor Agency (Trust/Debt Service Fund) Varies Varies Varies 884,432.09 884,432.09 884,432.09 884,432.09 4,629,490.15 4,629,490.15 4,629,490.15 4,629,490.15 $ 69,313,139.48 $ 69,313,139.48 $ 69,313,139.48 $ 69,144,356.98 Total Investments $ 69,313,139.48 Cash with Bank of the West City Checking (General) 1,638,565.15 City Miscellaneous Cash (WIC, P/R) 272,967.37 CNG Station 2.00 Housing Authority 588,971.39 Money Market Plus 4,034,479.55 Successor Agency 45,250.40 Total Cash with Bank of the West 6,580,235.86 Investment Brokerage (Cash & Cash Equivalents) 112,590.69 Total Cash and Investments $ 76,005,966.03 Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report. There was 3 investment purchase transactions made for the month of July 2023 and several deposits were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 at seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Rose Tam Director of Finance