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10.18.23 Staff Report
Agenda October 18, t " 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 dDFRly59rhiDZl3Fr�/feafured?view as=subscriber place at City Hall, 14403 E. Pacific http://baldwinpark rranicus.com/ViewPublisher.ph ?p 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 t 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 OPEN SESSION/STUDY SESSION Presentation — Inclusionary Housing Feasibility Study Update presented by Ron Garcia, Director of Community Development, Julie Cooper and Ashleigh Kanat -Economic & Planning Systems, Inc. Presentation — Preferential Parking Districts presented by Enrique C. Zaldivar, Chief Executive Officer and Sam Gutierrez, Director of Public Works. RECESS CLOSED SESSION 1. 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 No. 22STCV28634 Case No. 2:23-CV-02428-SVW(PVCx) 2. Conference with Labor Negotiator Pursuant to California Government Code, Section 54957.6 Agency Designated Representative: Enrique C. Zaldivar, Chief Executive Officer; Rose Tam. Finance Director; Karina Rueda, Human Resources Manager Employee Organizations: Baldwin Park City Employees Association (CEA) Baldwin Park Classified Confidential Employees Association (CCEA) Baldwin Park Classified Management Employees Association (CMEA) Baldwin Park Police Management Employees Association (PMEA) Baldwin Park Police Association (POA) Service Employee International Union (SEIU) 3. Conference With Real Property Negotiator Pursuant to California Government Code, Section 54956.8 Property Address: 14318 Ramona Blvd., Baldwin Park CA 91706 Agency Negotiator: Enrique C. Zaldivar, Chief Executive Officer Negotiating Parties: Raul Martinez, Jr. (RM Investments) dba: King Taco Under Negotiation: ADJOURNMENT 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 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 II) r t r Agenda October 18, 2023, i70 . Mayor Emmanuel J. Estrada Mayor Pro Tem 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. U-m i T.w The City of Baldwin Park provides two ways to watch a City Council meeting: In Person Online Lo Most City Council meetings take Audio streaming will be available at https://www.youtube.com/channel/UCFLZO dDFRjy59rhiDZ93Fq/featured?view as=subscriber place at City Hall, 14403 E. Pacific hgo://baldwinaark.granicusxom/ViewPubtisherph ?p view id=90 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. 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. 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 detennined that the action does not constitute a "project" under CEQA. CALL TO ORDER INVOCATION ANNOUNCEMENTS The City Council are also members of the Board of Directors of the Housing Authority, Finance Authority, and the Charitable Relief Foundation which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Proclamation — Domestic Violence Awareness Month, presented to Cynthia Espinoza, Community Service Officer 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) — August 2023 Staff recommends that Council receive and file the Treasurer's Report for August 2023. 3. Meeting Minutes It is recommended that the City Council approve the meeting minutes of the Special City Council and Regular City Council held on October 4, 2023. 4. Approve Memorandum of Understanding with the Los Angeles County Metropolitan Transportation Authority (LACMTA) to Receive National Transit Database (NTD) Reporting Funds for Transit Services for Year 2021. Staff recommends that the City Council approve the attached Memorandum of Understanding (MOU) with the Los Angeles County MTA and authorize the Mayor to execute said agreement. 5. Approval of a Professional Services Agreement with Nichols Consulting Engineers for the City of Baldwin Park's Pavement Management System (PMS) Update. It is recommended that the City Council: 1. Approve the Professional Services Agreement to Nichols Consulting Engineers (NCE) in the amount of $54,500; and 2. Authorize the Mayor and City Clerk to execute the contract with Nichols Consulting Engineers for the development of the PMS updates. 6. Approval of a contract with Architerra Design Group, David Evans & Associates, and Armstrong & Walker, Landscape Architecture to provide landscape plan check review consulting services. It is recommended that the City Council approve professional services agreements in substantial form to that attached as Attachment Nos.1-3, subject to any non -substantive changes made by the CEO and City Attorney. 7. Approval of a Professional Service Agreement for Communications and Social Media Services with Tripepi Smith & Associates, Inc. It is recommended that the City Council to: 1) Approve Professional Service Agreement for Communications and Social Media Services with Tripepi Smith & Associates, Inc.; and 2) Authorize the Mayor to Execute the Agreement; and 3) Authorize the Director of Recreation & Community Services to execute any associated documents needed for the Agreement; and 4) Authorize the Director of Finance Director to make necessary budget adjustment. 8. Adoption of Resolution No. 2023-034 to approve Commercial Cannabis Agreement No. 23- 02 to permit a Commercial Cannabis Cultivation Facility and auxiliary use of self - distribution within the I-C, Industrial Commercial Zone (Location: 5157 Azusa Canyon Road (APN: 8413-001-030); Applicant: Mission Creek Ventures, LLC,; Case Number: CCA 23-02 for CAN 22-01). It is recommended that the City Council adopt Resolution No. 2023-034 approving Commercial Cannabis Agreement No. 23-02, subject to any non -substantive changes made by the CEO and Special Counsel. PUBLIC HEARING 9. Request for Approval of Content for Interpretive Signage, City Identification Sign, Streetlight Pole Banners, and Directory Signs Related to the Susan Rubio Zocalo Park and Civic Plaza Project — CIP No. 22-044 It is recommended that the City Council: 1. Approve the selected content for project signs, based on poll results that were received based on input from E-Team and City Council and concluded on October 1, 2023; and, 2. Authorize the Director of Public Works to approve project signs for contractor to begin sign fabrication based on approved sign content; 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 — August 2023 Staff recommends that the Board receive and file the Treasurer's Report for August 2023. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION Mayor Estrada seeks consensus from Council to: • Direct staff to connect with Baldwin Park School District to request to open Sierra Vista High School Track and Field for Public Use. ADJOURNMENT 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) 960-401.1 ext. 466 or via e-mail at squinoneskbaldwinpark.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) 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: October 18, 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 Staff recommends that the City Council ratify the attached Warrants and Demands Register. FISCAL IMPACT The payroll for the last period was $546,573.34 and the attached General Warrants Register was $3,685,881.73 for a total amount of $4,232,455.07. 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 202118 to 202136 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 42807 to 43087 for the period September 17, 2023 through September 30, 2023 inclusive; these are presented and hereby ratified in the amount of $546,573.34. 2. General Warrants, with the electronic fund transfer (EFT) bank drafts in the amount of $368,655.28 and checks from 243109 to 243272 in the amount of $3,317,226.45 for the period of September 26, 2023 to October 9, 2023, inclusive; in the total amount of $3,685,881.73 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 t BII.rI§''w..r Payment Number 1033 1033 1034 243109 243110 243111 243112 243113 243114 243115 243116 243117 243118 243118 243118 243118 243118 243118 243118 243118 243118 243119 243120 243121 243122 243123 243124 243125 243126 243127 243128 243129 243129 243130 243131 243132 243133 243134 243135 243136 243136 243137 243137 243137 243138 243139 243140 243141 243142 243142 243143 243144 City of Baldwin Park, CA Check Register By (None) Payment Dates 9/26/2023-10/9/2023 Payment Date Vendor Name Description (Item) Account Number Amount 10/06/2023 BALDWIN PARK POA POLICE SWORN DUES 100-00-000-21219-00000 $ 6,209.84 10/06/2023 BALDWIN PARK POA POLICE NON -SWORN DUES 100-00-000-21219-00000 $ 1,259.40 10/06/2023 CALIFORNIA NEWSPAPERS PARTNERSHIP PUBLIC NOTICE FOR 9/1/2023-9/30/2023 220-40-420-53330-14700 $ 880.54 09/28/2023 ABSOLUTE SECURITY INTERNATIONAL CORP SECURITY SERVICES FOR STREET MARKET 9/7/2023 100-60-610-51100-16101 $ 542.18 09/28/2023 ACCESS CONTROL SECURITY INC. SECURITY GUARD SERVICE AT THE ARC 09/02&08/2023 501-60-000-22328-00000 $ 603.90 09/28/2023 ADMLN SURE INC. GENERAL&AUTO LIABILITY:ADMIN SRVC PERIOD OCT2023 403-10-160-51100-00000 $ 8,746.99 09/28/2023 ANA COVARRUBIAS REFUND FOR REGISTRATION -US OPEN OF SURFING 7/29/23 501-60-000-22327-00000 $ 30.00 09/28/2023 APRIL M_ ROJO REIM-RISING PRO TRAINING REGISTRAT- INV#CPRS D125 100-60-610-53350-00000 $ 25.75 09/28/2023 AREA D CIVIL DEFENSE PER CAPITA RESIDENTIAL POPULATION FEE FY23/24 100-30-380-53370-15960 $ 4,556.10 09/28/2023 AYUME LAM ARPA BASIC REIM-SUMMER CAMP REGISTRATI 7/3-8/11/23 275-60-734-53370-16077 $ 396.00 09/28/2023 AZUCENA LOPEZ ARPA BASIC REIM-SUMMER CAMP REGISTRATI 7/3-8/11/23 275-60-734-53370-16077 $ 72.00 09/28/2023 BMI LATE CHARGE FOR MUSIC LICENSE 7/1/23-6/30/24 100-60-610-53330-00000 $ 15.62 09/28/2023 BMO BANK N.A. REGISTRATION CLASS FOR DETECTIVE ERIC CAMACHO 100-30-310-53200-00000 $ 250.00 09/28/2023 BMO BANK N.A. REGISTRATION CLASS FOR DETECTIVE ISRAEL RODAS 100-30-310-53200-00000 $ 250.00 09/28/2023 BMO BANK N.A. INTEREST EXPENSE 100-30-310-55745-00000 $ 50.60 09/28/2023 BMO BANK N.A. VETERINARY INVOICE FOR K-9 100-30-340-53100-00000 $ 124.20 09/28/2023 BMO BANK N.A. CAMERA PURCHASE FOR DEPARTMENT 271-30-350-53100-17224 $ 38.32 09/28/2023 BMO BANK N.A. CAMERA PURCHASE FOR POLICE DEPARTMENT 271-30-350-53100-17224 $ 602.23 09/28/2023 BMO BANK N.A. REGISTRATION CLASS -DUI CHECKPOINT-9/15/2023 271-30-350-53200-17224 $ 318.00 09/28/2023 BMO BANK N.A. HOTEL STAY FOR DOMESTIC VIOLENCE VICTIM 501-30-000-21415-17517 $ 480.78 09/28/2023 BMO BANK N.A. HOTEL STAY FOR DOMESTIC VIOLENCE VICTIM 501-30-000-21415-17517 $ 306.88 09/28/2023 CAROL NG REFUND -REGISTRATION -PLANES OF FAME MUSEUM 9/7/23 501-60-000-22327-00000 $ 25.00 09/28/2023 CHICAS GRAPHICS AND DESIGN BANNERS&FLYERS-TOILET REPLACEMENT PROGRAM 275-50-755-58100-55026 $ 551.25 09/28/2023 CHRISTOPHERFLORES PURCHASE FOR VIDEO EVENT COVERAGE -DOWNTOWN ST MRKT 501-60-000-22328-16101 $ 2,100.00 09/28/2023 CINTAS FIRST AID & SAFETY FIRST AID&SAFETY FOR CITY HALL 403-10-160-51101-00000 $ 265.47 09/28/2023 CONCENTRA HEALTH SERVICES, INC PHYSICAL EXAM: 2 CLASS I ON 9/1 &9/5/2023 100-10-150-51101-11122 $ 242.00 09/28/2023 CYNTHIA ESPINOZA ADVANCED FUNDS FOR HALLOWEEN EVENT ON 10/26/2023 100-30-340-53100-13801 $ 5,000.00 09/28/2023 DENIELLE ECHEVERRIA REFUND -RENTAL OF DEPOSIT -BP AQUATIC CNTR 9/17/2023 501-60-000-22333-00000 $ 150.00 09/28/2023 DEPARTMENT OF JUSTICE FINGERPRINTING SERVICES 8/2023 100-10-150-51101-11124 $ 716.00 09/28/2023 DIANA LOWES REFUND FOR LIFEGUARD CER CLASS 4/15-4/22/2023 501-60-000-22328-00000 $ 215.00 09/28/2023 DIRECT ENERGY MARKETING INC. BPROUD ENERGY CHARGES AUGUST 2023 450-00-000-53130-00000 $ 740.06 09/28/2023 EAGLE PORTABLES INC RENT PORTABLE RESTROOM-DOWNTOWN ST MRKT 9/14/23 100-60-610-53391-16101 $ 543.11 09/28/2023 EAGLE PORTABLES INC RENTAL OF PORTABLE TOILETS -DOWNTOWN STR MRKT-9/14 100-60-610-53391-16101 $ 382.02 09/28/2023 ELVIA FRIAS REFUND -RENTAL OF DEPOSIT CELEBRATION HALL 8/26/23 501-60-000-22333-00000 $ 275.00 09/28/2023 EZEQUIEL CONTRERAS CONTRACT SRVC TO PROVIDE TAE KWON DO 8/7-8/31/2023 501-60-000-22328-00000 $ 1,410.50 09/28/2023 FRONTIER COMMUNICATIONS ANNUAL TELELEPHONE USAGE LOCAI. CALLS AUG.2023 401-10-141-53403-11506 $ 1,531.05 09/28/2023 GRACIELA BANUELOS REFUND FOR REGISTRATION -US OPEN OF SURFING 7/29/23 501-60-000-22327-00000 $ 15.00 09/28/2023 HELEN H HERNANDEZ REIMBUR-MATERIALS&SUPPLIES FOR DOWTOWN STR MARKET 100-60-610-53100-16101 $ 131.60 09/28/2023 HINDERLITER, DE LLAMAS & ASSOCIATES CANNABIS MANAGEMENT SERVICES FR AUG.2023 237-40-470-51101-14070 $ 250.00 09/28/2023 HLR MEDIA, LLC CITY NOTICE-8/10/2023-PERMIT NO. CP 23-06 501-40-000-22335-00000 $ 332.24 09/28/2023 HER MEDIA, LLC. CITY NOTICE-8/31/2023-PERMITNO. CP23-03 501-40-000-22335-00000 $ 227.84 09/28/2023 HOME DEPOT MATERIAL&SUPPLIES FOR THE RECREATION 100-60-680-53100-00000 $ 36.29 09/28/2023 HOME DEPOT MATERIAL&SUPPLIES FOR THE RECREATION 275-60-713-53100-16072 $ 191.46 09/28/2023 HOME DEPOT MATERIAT.&SUPPLIES FOR THE RECREATION 100-60-680-53100-00000 $ 121.25 09/28/2023 ISRAEL J. COBOS ARPA BASIC REIM-SUMMER CAMP REGISTRATI 7/3-8/11/23 275-60-734-53370-16077 $ 522.00 09/28/2023 JANE SHEK ARPA BASIC REIM-SUMMER CAMP REGISTRATI 7/3-8/11/23 275-60-734-53370-16077 $ 270.00 09/28/2023 JEANNIE LI ARPA BASIC REIM-SUMMER CAMP REGISTRATI 7/3-8/11/23 275-60-734-53370-16077 $ 404.00 09/28/2023 JIMMY WONG REIM-PURCHASE MESS BANNER -COMMUNITY CENTER GAME 100-60-610-53100-00000 $ 44.10 09/28/2023 JL GROUP, LLC LEGAL SERVICE -OFFICER HERRERA COMPLAINT 7/12/2023 403-10-150-51102-11106 $ 21,488.88 09/28/2023 JL GROUP, LLC LEGAL SERVICE OFFICER HERRTiRA COMPLAINT 7/7/2023 403-10-150-51102-11106 $ 500.00 09/28/2023 JOANNA LUNA REFUND OF DEPOSIT-C&D PROGRAM-PERMIT#1300-022-374 246-00-000-22540-00000 $ 796.00 09/28/2023 JOHN T'ORRES REFUND-REGISTRAT`ION-GOLDEN NUGGET-M T'ORRES 7/5-7/7 501-60-000-22327-00000 $ 123.00 Page 1 of 7 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 243145 09/28/2023 JUAN R. GARCIA MUSICAL ENTERTAIMENT-ANNUAL SENIOR PROM 10/6/2023 501-60-000-22327-00000 S 3,750.00 243146 09/28/2023 JUDY KATHLEEN CATANZARO REFUND-REGISTRATIO-DODGER GAME SENIOR TRIP 6/25/23 501-60-000-22327-00000 $ 84.00 243147 09/28/2023 KAREN KA YIN HO ARPA BASIC REIN -SUMMER CAMP RE,GIS 7/3-8/11/23 275-60-734-53370-16077 S 306.00 243148 09/28/2023 KHALIL IBRAHIM ABBANY UNIFORM ALLOWANCE TER MOU FOR FY 23/24-KHALIL ABBA 100-40-460-50119-00000 $ 270.00 243148 09/28/2023 KHALIL IBRAHIM ABBANY UNIFORM ALLOWANCE FER MOU FOR FY 23/24-KHALIL ABBA 220-40-460-50119-14715 S 30.00 243149 09/28/2023 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION LEGAL SRVC FOR CANNABIS MATTERS 8/1 TO 8/31/2023 237-40-131-51102-14070 $ 5,635.00 243149 09/28/2023 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION LEGAL SRVC FOR CANNABIS MATTERS 8/10/2023 237-40-131-51102-14070 S 120.00 243149 09/28/2023 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION LEGAL SRVC FOR CANNABIS MATTERS 8/1 TO 8/31/2023 237-40-131-51102-14070 $ 9,425.00 243149 09/28/2023 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION LEGAL SRVC FOR CANNABIS MATTERS 8/1/2023 237-40-131-51102-14070 S 320.00 243149 09/28/2023 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION LEGAL SRVC FOR CANNABIS MATTERS 8/1 TO 8/31/2023 237-40-131-51102-14070 $ 9,115.00 243149 09/28/2023 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION LEGAL SRVC FOR CANNABIS MATTERS 8/1 TO 8/31/2023 237-40-131-51102-14070 S 1,285.00 243149 09/28/2023 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION LEGAL SRVC FOR CANNABIS MATTERS 8/1 TO 8/31/2023 237-40-131-51102-14070 $ 3,365.00 243149 09/28/2023 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION LEGAL SRVC FOR CANNABIS MATTERS 8/1 TO 8/31/2023 237-40-131-51102-14070 S 7,802.65 243150 09/28/2023 LESLY BONILLA REFUND -RENTAL OF DEPOSIT -SENIOR CENTER 9/10/2023 100-60-000-42600-00000 $ 500.00 243151 09/28/2023 LILIANA CABRERA REFUND -RENTAL OF DEPOSIT -ARC 9/2/2023 501-60-000-22333-00000 S 500.00 243152 09/28/2023 MARIA MARQUEZ REFUND -RENTAL OF DEPOSIT -SENIOR CENTER 9/16/2023 501-60-000-22333-00000 $ 300.00 243153 09/28/2023 MARLENY MENDOZA ARPA BASIC REIM-SUMMER CAMP REGISTRATI 7/3-8/11/23 275-60-734-53370-16077 S 486.00 243154 09/28/2023 MERCY FRAUSTO REFUND FOR REGISTRATION -US OPEN OF SURFING 7/29/23 501-60-000-22327-00000 $ 20.00 243155 09/28/2023 MIKE SALAS PURCHASE MESH BANNERS -COMMUNITY CENTER GAMES ROOM 100-60-610-53100-00000 S 622.91 243156 09/28/2023 NEW CHEF FASHION, INC. CITY POLO SIIIRTS,JACKETS 100-10-150-53370-11123 $ 74.04 243157 09/28/2023 ODP BUSINESS SOLUTIONS, LLC HP BLACK TONER CARTRIDGE FOR IT 401-10-141-53100-11505 $ 278.94 243158 09/28/2023 PCN3, INC. CONSTRUCTION CONTRACT FOR SUSAN RUBIO 200-50-520-58100-55022 $ 152,190,00 243158 09/28/2023 PCN3, INC. CONSTRUCTION CONTRACT FOR SUSAN RUBIO AUG.2023 234-50-520-58100-55022 $ 107,825.00 243158 09/28/2023 PCN3, INC. CONSTRUCTION CONTRACT FOR SUSAN RUBIO 256-50-520-58100-55022 $ 13,300.00 243158 09/28/2023 PCN3, INC. CONSTRUCTION CONTRACT FOR SUSAN RUBIO 258-50-520-58100-55022 $ 9,975.00 243158 09/28/2023 PCN3, INC. CONSTRUCTION CONTRACT FOR SUSAN RUBIO 275-50-765-58100-55022 $ 153,757,50 243159 09/28/2023 RICHARD SOONG PRINTING BUSINESS CARDS FOR PLANNING COMMISSIONERS 100-40-440-53100-00000 $ 95.20 243159 09/28/2023 RICHARD SOONG 1000 CT BUSINESS CARDS FOR ALBERT TRLNII 100-20-210-53320-00000 $ 62.50 243160 09/28/2023 RICOH USA INC LEASE&MAINTENANCE-COPIERS FOR POLICE-8/25-9/24/23 401-10-141-53371-11504 $ 82.70 243160 09/28/2023 RICOHUSA INC LEASE&MAIN"TENANCEFOR COPIERS-POLICE-8/25-9/24/23 401-10-141-58140-11504 $ 710.12 243161 09/28/2023 ROBERT LOPEZ PER DIEM FOR LACPCA CONFERENCE FOR OCT.24-27,2023 100-30-300-53200-00000 $ 241.50 243162 09/28/2023 ROBERTO GUERRA REFUND FOR LIFEGUARD CBR CLASS 3/4-3/11/2023 100-60-000-42600-00000 $ 215.00 243163 09/28/2023 ROSE MARY ELIZONDO REFUND FOR REGISTRATION -US OPEN OF SURFING 7/29/23 501-60-000-22327-00000 $ 15.00 243164 09/28/2023 SAN GABRIEL VALLEY EXAMINER NOTICE&SUMMARY ORDINANCE. NO.1504,1505,1506,1507 100-25-299-53330-00000 $ 346.50 243165 09/28/2023 SAN GABRIEL VALLEY WATER COMPANY COST OF WATER FOR: 8/l/2023-8/30/2023-13057762500 252-60-620-53402-00000 $ 8,218.61 243165 09/28/2023 SAN GABRIEL VALLEY WATER COMPANY COST OF WATER FOR SPRINKLERS:8/1/2023-8/30/2023 251-50-560-53402-00000 $ 2,497.08 243165 09/28/2023 SAN GABRIEL VALLEY WATER COMPANY WATER -SERENITY HOMES-2ND MONTH-8/1-8/30-ACT4302402 275-60-710-53370-66023 $ 699.18 243166 09/28/2023 SANDRA UNG REFUND OF DEPOSIT-C&D PROGRAM-PF,RMIT#B00-021-168 246-00-000-22540-00000 $ 610.00 243167 09/28/2023 SECTRAN SECURITY INC. SECTRANS SERVICE FOR SEPTEMBER 2023 100-25-299-53370-12404 $ 425.77 243168 09/28/2023 SMART & FINAL SUPPLIES PURCHASED FOR COMMUNITY CENTER 100-60-610-53100-00000 $ 54.90 243168 09/28/2023 SMART & FINAL MATERIAL&SUPPLIES FOR THE SENIOR CENTER 100-60-630-53100-00000 $ 181.40 243168 09/28/2023 SMART & FINAL MATERIAL&SUPPLIES FOR THE SENIOR CENTER 100-60-630-53100-00000 $ 18.72 243168 09/28/2023 SMART & FINAL MATERIAL&SUPPLIES FOR THE TEEN CENTER 100-60-660-53100-00000 $ 178.60 243169 09/28/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR TRAFFIC SIGNALS & STREET 251-50-530-53401-00000 $ 4,200.26 243169 09/28/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR TRAFFIC SIGNALS & STREET 251-50-530-53401-00000 $ 94.02 243169 09/28/2023 SOUTHERN CALIFORNIA EDISON F,LECTRIC-TINY HOMES-8/15-9/13 ACT#700695336662 501-50-000-22000-55003 $ 2,796.73 243169 09/28/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR SPRINKLERS:8/16/23-9/14/23 251-50-560-53401-00000 $ 18.47 243169 09/28/2023 SOUTHERN CALIFORNIA EDISON F,LECTRIC-TINY HOMES-8/18-9/18/23 ACT#70518&65858 275-60-710-53370-66023 $ 2,343.39 243169 09/28/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR TRAFFIC SIGNALS & STREET 251-50-530-53401-00000 $ 73.11 243169 09/28/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR:8/22/2023-9/20/2023 251-50-530-53401-00000 $ 120.24 243169 09/28/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR PARK BUILDINGS:8/22/23-9/20/23 252-60-620-53401-00000 $ 16,613.00 243169 09/28/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR TRAFFIC SIGNALS & STREET 251-50-530-53401-00000 $ 165.24 243170 09/28/2023 STANCE CONSTRUCTION COMPANY CONSTRUCTION CONTRACT FOR CALINO ST 275-50-752-58100-55021 $ 29,434.16 243171 09/28/2023 SWANK MOTION PICTURES INC. PYMT-MOVIE LICENSE ON THE GREEN@ARC 9/29/23 100-60-680-51100-00000 $ 425.00 243172 09/28/2023 THE DRALA PROJECT INC PURCHASE DELL DVC DRIVES 401-10-140-53390-00000 $ 541.93 243173 09/28/2023 TRIPLE B CORPORATION PURCHASE FOOD/PRODUCE FOR FREE SENIOR MEALS 275-60-713-53100-16075 $ 3,686.00 243174 09/28/2023 ULTIMATE ATTRACTIONS LLC RENTAL -INFLATABLE JUMPER-DOWTOWN ST MRKT 8/17/23 100-60-610-51100-16101 $ 341.60 243175 09/28/2023 US BANK VOYAGER FLEET SYS GAS CARD ACCOUNT FOR POLICE DEPT PERSONNEL 402-50-591-531 10-16140 $ 1,367.11 243176 09/28/2023 VALLEY COUNTY WATER DIST COST OF WATER FOR:7/6/2023-9/5/2023 251-50-560-53402-00000 $ 269.58 243177 09/28/2023 WAL;TERALAS ARPA RFIM-BASIC GEDDES REGISTRATION 8/17-9/8/2023 275-60-734-53370-16077 $ 208.00 Page 2 of 7 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 243178 09/28/2023 WAXIE SANITARY SUPPLY PRCHASE MATERIAL&SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 S 1,972.25 243178 09/28/2023 WAXIE SANITARY SUPPLY PRCHASE MATERIAL&SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 $ 1,972.26 243178 09/28/2023 WAXIE SANF1'ARY SUPPLY PURCHASI'�-MA'FFRIAL&SUPPLY-BUILDING MAINTENANCE 100-60-620-53100-00000 S 1,390.59 243178 09/28/2023 WAXIE SANITARY SUPPLY PURCHASE-MATERIAL&SUPPLY-BUILDING MAINTENANCE 252-60-620-53100-00000 $ 1,390.60 243179 09/28/2023 WEST COAST SOCCER LEAGUE BLANCE DUE -SENIOR TRIP'TICKET-OKTOBERFEST 10/18/23 275-60-726-51101-I6074 S 567.00 243180 09/28/2023 YOLANDA ABELLADA REFUND -RENTAL OF DEPOSIT -ADOBE ROOMS 9/2/2023 501-60-000-22333-00000 $ 220.00 243181 09/28/2023 YUFEI LI ARPA BASIC REIM-SUMMF.R CAMP RE,GISTRATI 7/3-8/11 /23 275-60-734-53370-16077 S 504.00 243182 09/28/2023 MARCY KRUGMAN REFUND DUE TO SMOKE FROM AC UNIT 5/20/2023 100-60-000-45601-00000 $ 110.00 243183 09/28/2023 SOUTHLAND TRANSIT, INC. SPECIAL TRANSPORTATION SERVICE BILLING IN 4/2023 244-50-580-51100-15540 S 531.44 243184 09/28/2023 THE PUN GROUP LLP AUDIT FOR FY21/22-CITY PROGRESS BILLING #3 100-20-210-51101-12420 $ 25,000.00 243185 09/28/2023 THE SAUCE CREATIVE SERVICES CORP DESIGN OF SUMMER CONCERTS LOGO 230-60-610-51100-16144 S 650.00 243185 09/28/2023 THE SAUCE CREATIVE SERVICES CORP TRANSLATION OF THE SUMMER 2023 RECREATION GUIDE 100-60-610-51101-00000 $ 787.50 243185 09/28/2023 THE SAUCE CREATIVE SERVICES CORP TRANSLATION OF THE SUMMER 2023 RECREATION GUIDE 100-60-63 0-51101 -00000 S 787.50 243185 09/28/2023 THE SAUCE CREATIVE SERVICES CORP TRANSLATION OF THE SUMMER 2023 RECREATION GUIDE 100-60-660-51101-00000 $ 787.50 243186 09/28/2023 AFLAC AFLAC 100-00-000-21216-00000 S 734.34 243186 09/28/2023 AFLAC AFLAC 100-00-000-21216-00000 $ 137.45 243186 09/28/2023 AFLAC AFLAC 100-00-000-21216-00000 S 734.25 243186 09/28/2023 AFLAC AFLAC 100-00-000-21216-00000 $ 137.45 243187 09/28/2023 ALLSTATE WORKPLACE DIVISION CANCER INSURANCE 100-00-000-21221-00000 S 81.12 243187 09/28/2023 ALLSTATE WORKPLACE DIVISION CANCER INSURANCE 100-00-000-2122 1 -00000 $ 81.13 243188 09/28/2023 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 31.12 243188 09/28/2023 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 74.76 243188 09/28/2023 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 1,286.57 243188 09/28/2023 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 3,543.12 243188 09/28/2023 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 1,286.57 243188 09/28/2023 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 3,509.74 243189 09/28/2023 BALDWIN PARK MNGMT ASSOC. MANAGEMENT DUES 100-00-000-21218-00000 $ 10.00 243190 09/28/2023 BALDWIN PARK MNGMT ASSOC. MANAGEMENTDUES 100-00-000-21218-00000 $ 10.00 243191 09/28/2023 C.L.E.A. CLEA DISABILITY POLICE SWORN 403-10-000-47130-13404 $ 783.00 243191 09/28/2023 C.L.E.A. CLEA DISABILITY POLICE SWORN 403-10-000-47130-13404 $ 540.00 243192 09/28/2023 CITY EMPLOYEES ASSOCIATES DUES CMEA 100-00-000-21226-00000 $ 36.00 243192 09/28/2023 CITY EMPLOYEES ASSOCIATES DUES CONFIDENTIAL/CEA 100-00-000-21227-00000 $ 27.00 243192 09/28/2023 CITY EMPLOYEES ASSOCIATES DUES CMEA 100-00-000-21226-00000 $ 36.00 243192 09/28/2023 CITY EMPLOYEES ASSOCIATES DUES CONFIDENTIAL/CEA 100-00-000-21227-00000 $ 27.00 243193 09/28/2023 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21211-00000 $ 14.74 243193 09/28/2023 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21211-00000 $ 262.46 243193 09/28/2023 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21253-00000 $ 79.62 243193 09/28/2023 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21211-00000 $ 339.03 243193 09/28/2023 LIBERTY DENTAL PLAN RETRO DENTAL HMO - LIBERTY DENTAL 100-00-000-21211-00000 $ 7.37 243193 09/28/2023 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21253-00000 $ 86.99 243194 09/28/2023 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 $ (56.57) 243194 09/28/2023 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 $ 189.83 243194 09/28/2023 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 $ 3,545.12 243194 09/28/2023 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21253-00000 $ 466.72 243194 09/28/2023 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 $ 3,920.89 243194 09/28/2023 MUNICIPAL. DENTAL POOL RETRO DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 $ 38.36 243194 09/28/2023 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21253-00000 $ 485.90 243195 09/28/2023 P.T.E.A. PTEA DUES 100-00-000-21220-00000 $ 323.00 243195 09/28/2023 P.T.E.A. CLERICAL DUES 100-00-000-21224-00000 $ 85.50 243195 09/28/2023 P.T.E.A. PTEA DUES 100-00-000-21220-00000 $ 361.00 243195 09/28/2023 P.T.E.A. CLERICAL DUES 100-00-000-21224-00000 $ 85.50 243196 09/28/2023 PRE -PAID LEGAL SERVICES, INC. PRE -PAID LEGAL SERVICES 100-00-000-21230-00000 $ 82.21 243196 09/28/2023 PRE -PAID LEGAL SERVICES, INC. PRE -PAID LEGAL SERVICES 100-00-000-21230-00000 $ 82.19 243197 09/28/2023 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 $ (10.77) 243197 09/28/2023 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 $ 53.94 243197 09/28/2023 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 $ 1,083.69 243197 09/28/2023 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 $ 18.87 243197 09/28/2023 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 $ 1,122.63 243198 09/28/2023 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS C/100,000 100-00-000-21254-00000 $ 101.50 243198 09/28/2023 'THE LINCOLN NATIONAL LIFE INSURANCE COMPANY SUPP. LIFE- LINCOLN NATIONAL, 100-00-000-21212-00000 $ 747.34 Page 3 of 7 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 243198 09/28/2023 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS B/50,000 100-00-000-21254-00000 S 577.17 243198 09/28/2023 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS C/100,000 100-00-000-21254-00000 $ 43.50 243198 09/28/2023 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS D/60,000 100-00-000-21254-00000 S 17.40 243198 09/28/2023 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY SUPP. LIFE - LINCOLN NATIONAL 100-00-000-21212-00000 $ 765.61 243198 09/28/2023 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS B/50,000 100-00-000-21254-00000 S 577.17 243198 09/28/2023 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS C/100,000 100-00-000-21254-00000 $ 43.50 243198 09/28/2023 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS D/60,000 100-00-000-21254-00000 S 17.40 243198 09/28/2023 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY OCT, 2023 PREMIUM -BASIC LIFE & AD & D & STD <D 403-10-160-54130-00000 $ 6,195.20 243199 10/04/2023 SAN GABRIEL VALLEY HABITAT FOR HUMANITY, INC. NEW CONSRUCTION 12779 TORCH STREET 275-40-712-51101-14801 S 525,000.00 243199 10/04/2023 SAN GABRIEL VALLEY HABITAT FOR HUMANITY, INC. NEW CONSTRUCTION 4428 STEWART AVE 275-40-712-51101-14801 $ 1,200,000,00 243200 10/04/2023 SAN GABRIEL VALLEY HABITAT FOR HUMANITY, INC. OWNER OCCUPIED REHAB - CRITICAL REPAIR OCT. 2023 200-40-420-51101 -14801 S 125,000.00 243200 10/04/2023 SAN GABRIEL VALLEY IIABITAT FOR HUMANITY, INC. 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FIRE ALARM SYSTEM MONITORING SRVC 10/1-31/23 252-60-620-58140-00000 $ 973.33 243265 10/05/2023 V & V MANUFACTURING REPAIR AND REFURBISH OF DEPARTMENT BADGES 100-30-310-53100-00000 $ 352.21 243265 10/05/2023 V & V MANUFACTURING NEW BADGES FOR DISPATCH AND SECRETARY 100-30-310-53100-00000 $ 507.86 243266 10/05/2023 VALLEY COUNTY WATER DIST WATER-8/23-9/25/23-ESPERNZA VILLA-ACT#283-80103-00 501-50-000-22000-55003 $ 396.19 243267 10/05/2023 VANESSA AVINA BASiC GEDDES REGIS 8/17-9/8/2023-ARPA REIM 275-60-734-53370-16077 $ 204.00 243268 10/05/2023 VANESSA PINEDA PURCHASE REFRESHMENTS & SUPPLIES FOR LUNCHH 9/27/23 100-30-310-53100-00000 $ 113.99 243269 10/05/2023 VIEWPOINT AMBULANCE, INC BASIC LIFE SUPPORT ASSISTANCE@BOXING SHOW 9/24/23 100-60-610-51101-00000 $ 1,000.00 243270 10/05/2023 YAN WANG SUMMER CAMP REGIS 7/3-8/11/23-ARPA BASIC REIM 275-60-734-53370-16077 $ 360.00 243271 10/05/2023 YVONNE IUAREZ BASiC FOSTER ELEM REGIS 8/17-9/8/2023-ARPA REIM 275-60-734-53370-16077 $ 195.00 243272 10/05/2023 THE PUN GROUP LLP AUDIT CITY'S FINANCIAL STATEMENTS ENDED 6/30/2023 100-20-210-51101-12420 $ 16,000.00 DFT0007624 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 $ 1,962.06 DFT0007642 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD HEALTH INSURANCE 100-00-000-21210-00000 $ 6,349.31 DFT0007643 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' ANTHEM SELECT HEALTH INSURANCE 100-00-000-21210-00000 $ 3,394.41 DFT0007644 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' ANTHEM TRADITIONAL HEALTH INSURANCE 100-00-000-21210-00000 $ 942.74 DFT0007645 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 $ 38,154.20 DFT0007646 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SALUD Y MAS HEALTFI INSURANCE 100-00-000-21210-00000 $ 1,604.09 DFT0007647 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SMART CARE HEALTH INSURANCE 100-00-000-21210-00000 $ 755.29 DFT0007648 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD TRIO 100-00-000-21210-00000 $ 859.94 DFT0007649 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' PORAC - POLICE ONLY HEALTH INSURANCE 100-00-000-21210-00000 $ 820.00 DFT0007650 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTH CARE HEALTH INSURANCE 100-00-000-21210-00000 $ 1,355.20 DFT0007651 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' RETRO HEALTH INSURANCE PREMIUM 100-00-000-21210-00000 $ 188.66 DFT0007652 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTH CARE HARMONY HEALTH INSURANCE 100-00-000-21210-00000 $ 713.55 DFT0007653 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' PERS GOLD HEALTH INSURANCE 100-00-000-21210-00000 $ 3,810.70 DFT0007654 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' PERS PLATINUM HEALTII INSURANCE 100-00-000-21210-00000 $ 2,779.27 DFT0007669 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD HEALTH INSURANCE 100-00-000-21210-00000 $ 369.15 DFT0007670 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 $ 12,709.28 DFT0007671 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SALUD Y MAS HEALTH INSURANCE 100-00-000-21210-00000 $ 1,306.34 DFT0007672 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTHCARE HEALTH INSURANCE 100-00-000-21210-00000 $ 700.00 DFT0007673 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' PERS GOLD HEALTH INSURANCE 100-00-000-21210-00000 $ 1,400.00 DFT0007683 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 $ (603.71) DFT0007700 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD HEALTH INSURANCE 100-00-000-21210-00000 $ 6,349.31 DFT0007701 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' ANTHEM SELECT HEALTH INSURANCE 100-00-000-21210-00000 $ 3,394.41 DFT0007702 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' ANTHEM TRADITIONAL HEALTH INSURANCE 100-00-000-21210-00000 $ 942.74 DFT0007703 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 $ 38,216.54 DFT0007704 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SALUD Y MAS HEALTH INSURANCE 100-00-000-21210-00000 $ 1,604.09 DFT0007705 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SMART CARE HEALTH INSURANCE 100-00-000-21210-00000 $ 755.29 DFT0007706 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD TRIO 100-00-000-21210-00000 $ 859.94 DFT0007707 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' PORAC - POLICE ONLY HEALTH INSURANCE 100-00-000-21210-00000 $ 820.00 DFT0007708 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTH CARE HEALTH INSURANCE 100-00-000-21210-00000 $ 1,355.20 DFT0007709 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' RETRO HEALTH INSURANCE PREMIUM 100-00-000-21210-00000 $ 565.98 DFT0007710 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTH CARE HARMONY HEALTH INSURANCE 100-00-000-21210-00000 $ 713.55 DFT0007711 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' PERS GOLD HEALTH INSURANCE 100-00-000-21210-00000 $ 3,810.70 DFT0007712 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' PERS PLATINUM HEALTH INSURANCE 100-00-000-21210-00000 $ 2,779.27 DFT0007726 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD HEALTH INSURANCE 100-00-000-21210-00000 $ 369.15 DFT0007727 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 $ 13,086.60 DFT0007728 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SALUD Y MAS HEALTH INSURANCE 100-00-000-21210-00000 $ 1,306.34 DFT0007729 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTHCARE HEALTH INSURANCE 100-00-000-21210-00000 $ 700.00 DFT0007730 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' PERS GOLD HEALTH INSURANCE 100-00-000-21210-00000 $ 1,400.00 DFT0007744 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' RETIRED PREMIUM 100-25-299-50223-00000 $ 20,989.00 DFT0007745 10/05/2023 CALIFORNIA PUBLIC EMPLOYEES' ACTIVE & RETIRED ADMIN FEE 100-25-299-50220-00000 $ 848.53 DFT0007756 10/04/2023 MASSMUTUAL EMPOWER 100-00-000-21213-00000 $ 9,660.00 DFT0007761 10/04/2023 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 $ 934.01 DFT0007762 10/04/2023 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-00000 $ 5,250.00 DF" P0007765 10/04/2023 INTERNAL REVENUE SERVICE FEDERAL INCOME TAX PAYMENT 100-00-000-21203-00000 $ 294.43 DFT0007766 10/04/2023 INTERNAL REVENUE SERVICE MEDICARE PAYMENT 100-00-000-21201-00000 $ 508.30 DF" P0007767 10/04/2023 STATE OF CALIFORNIA EMPLOYMENT STATE INCOME TAX PAYMENT 100-00-000-21202-00000 $ 20.00 DFT0007777 10/05/2023 MASSMUTUAL EMPOWER 100-00-000-21213-00000 $ 12,927.00 DF" P0007778 10/05/2023 MASSMUTUAL EMPOWER RETIREMENT 100-00-000-21213-00000 $ 3,296.38 Page 6 of 7 Payment Number Payment Date Vendor Name Description (Item) Account Number DFT0007779 10/05/2023 MASSMUTUAL EMPOWER 100-00-000-21232-00000 DFT0007780 10/05/2023 MASSMUTUAL EMPOWER 100-00-000-21232-00000 DF" I0007781 10/05/2023 AMERICAN FIDELITY ASSURANCE COMPANY FSA - AMERICAN FIDELII-Y ASSURANCE, COMPANY 100-00-000-21216-00000 DFT0007801 10/05/2023 STATE DISBURSEMENT SDU - CHILD SUPPORT 100-00-000-21225-00000 DF" P0007802 10/05/2023 MASSMUTUAL, DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 DFT0007803 10/05/2023 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 DF" P0007804 10/05/2023 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-2123 1 -00000 DFT0007805 10/05/2023 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 DFT0007806 10/05/2023 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-00000 DFT0007807 10/05/2023 MASSMUTUAL MASS MUTUAL CITY PAID 100-00-000-21257-00000 DFT0007808 10/05/2023 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-00000 DFT0007819 10/05/2023 INTERNAL REVENUE SERVICE FEDERAL INCOME TAX PAYMENT 100-00-000-21203-00000 DFT0007820 10/05/2023 INTERNAL REVENUE SERVICE SOCIAL SECURITY PAYMENT 100-00-000-21200-00000 DFT0007821 10/05/2023 INTERNAL REVENUE SERVICE MEDICARE PAYMENT 100-00-000-21201-00000 DFT0007822 10/05/2023 STATE OF CALIFORNIA EMPLOYMENT STATE INCOME TAX PAYMENT 100-00-000-21202-00000 Grand Total: Amount S 1,492.00 $ 668.50 S 1,075.80 $ 3,371.05 S 72.07 $ 125.19 $ 18.81 $ 51.54 S 3,425.00 $ 2,625.00 S 937.18 $ 75,030.60 S 6,310.66 $ 21,651.57 S 30.123.29 $ 3,685,881.73 Page 7 of 7 ITEM NO. 2 u ;x 51�, 0 , v,ai ear:°M SA TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance PREPARED BY: Anthony Ceballos, Accountant DATE: October 18, 2023 SUBJECT: Treasurer's Report City (CC) — August 2023 SUMMARY Attached is the Treasurer's Report for the month of August 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 Council receive and file the Treasurer's Report for August 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 TREASURERS REPORT 013112023 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET 1:77 DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE I State o1Canto umlaLocal Agency investment City -Including General Fund & all other Special Revenue Funds 3A34% Varies Varies S 50,933,235A5 1i 50,933,235AS 50,933,235.45 6 50,933,235.45 Housing Authority 3A341 Varies Varies 413sit 40,98 41188 413.88 50,433,649,33 50,933,64933 50,933,649.33 50,933,649.33 Certificate of Deposit Traditions Bancorp Inc, (Cambridge Investment Research) 4.65% 11M/2022 111412024 250,000,00 2$0,000.00 250.000.00 247,390.00 250,000.00 250,000,00 250,000.00 247,390.00 US Government Agency Notes Federal Farm CR BKS Bond (Mutual Securities) 4.125% 912612022 1011712023 3,000,000.00 3,000,000.00 3,000,00.00 2,994,570.00 Federal Home Loan BA SER IT-8024 (Mutual Securities), 5.000% 211512023 21012024 2,000,000X0 2,000,00O.00 2,000,000-00 1,994,800.00 Federal Home Loan BA SER 5C-8024 (Mutual Securities) 5.520% 71312023 6i2812024 1,000,000.00 1,000,000,00 1,000,000.00 997,110.00 Federal Home Loan BA SER SG-9024 (Mutual Securities) 5,625% 712412023 10124)2024 1,000,000.00 1,000,000.00 1,000,000.00 996,800.00 7,000,000.00 7,000,000.00 000,00.00 6,98a,280.00 US Treasury Note United States Treas SER BE,8024 IMulual Securities) 3.000% 111312023 713112024 6,500,000AD 6,500,000.00 6,500,000.00 6,359,060.00 6,50%000.00 6,500,000.00 500,000.00 6,359,860.00 ga- e �Accoij Accounts Fiscal Agent Funds (Trustioebt Service Fundy._ Varies Varies Varies 3,760,191.61 3,760,191,61 3,760,191.61 3,760,191.61 Fiscal Agent Funds- Successor Agency (TrusUDebt Service Fund) Varies Varies Varies 888,006,03 888,006.03 888,006.03 888,006.03 4,648,--19764 4,648,197.64 4,648,197,64 S 69,331,846.97 ml 69,334,846.97 _s 69,331,846.97 Total investments $ 69,331,846.97 Cash vvith Bank of the West City Checking (General) 2,38$,005.21 City Miscellaneous Cash (WIC, FIR) 395,58628 CNG Station 2.00 Housing Authority 1,195,967.06 Money Market Pius 4,043,27632 Successor Agency 37,667.57 Total Cash with Bank of the West 8,057,404.84 Investment Brokerage (Cash & Cash Equivalents) 15,133,9 Total Cash and Investments $ 77,404,386.76 * Schedule of Cash and Investments includes city-wide assets as included In the Comprehensive Annual Financial Report. There was no investment maturity/purchase transactions made for the month of August 2023 and no depositstwithdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient Investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the ITOXt SIK months that all investments are in compliance to the Citys Statement of Investment Policy. Approved by: K 5, Rose Tam Director of Finance ITEM NO. 3 F 'v 1• TO: Honorable Mayor and Members of the City Council �r HUB,0F THEE' FROM: Shirley Quinones, Chief Deputy City Clerk 'SAN GAgR'e�. Krystal Roman, Administrative Clerk II/Deputy City Clerk �c0" °Rq D JAN„, DATE: October 18, 2023 SUBJECT: Meeting Minutes SUMMARY The City Council held a Special City Council Meeting and Regular City Council Meeting on October 4, 2023. RECOMMENDATION It is recommended that the City Council approve the meeting minutes of the Special City Council and Regular City Council held on October 4, 2023. FISCAL IMPACT There is no fiscal impact associated with this item. LEGAL REVIEW This report does not require legal review. ATTACHMENTS 1. Meeting Minutes of October 4, 2023 Page 1 / 1 Mayor Emmanuel J. Estrada Mayor Pro Tern Monica Garcia Councilmember Alejandra Avila Councilmember Jean M. Ayala Councilmember Daniel Damian The,ve minute.,�/nre,ventei/: The meeting was called to order at approximately 5:07 p.m. by Mayor Estrada City Clerk Saenz performed roll call: MEMBERS: Council Member Alejandra Avila (absent) Council Member Jean M. Ayala (present) Council Member Daniel Damian (present) Mayor Pro Tem Monica Garcia (absent) Mayor Emmanuel Estrada (present) PUBLIC COMMUNICATIONS Mayor Estrada opened public communications at approximately p.m. Seeing no one wishing to speak, Mayor Estrada closed public communications. OPEN SESSION/STUDY SESSION Ron Garcia, Director of Community Development and Nick Baldwin, City Planner presented the City of Baldwin Park General Plan Update RECESS CLOSED SESSION- at approximately 5:24 p.m. 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: Ashar vs City of Baldwin Park Los Angeles Superior Court Case: Joseph Bartolotti (Deceased) Worker's Compensation Case (DOI CT 07/01/1988 — 07/09/2019, 06/17/2021) No reportable action. Case No. 22STCV28634 Case No. 2:23-CV-02428-SVW(PVCx) Case No. 23PSCV02884 WCAB Case: ADJI2868418 ADJ15119882 Special Meeting 10-04-2023 Page 1 of 2 2. Conference with Legal Counsel — Initiation of Litigation Pursuant to California Government Code, Section 54956.9 (d)(4). One Potential Case — Filing of Injunction Regarding Los Angeles County Superior Court - Zero Bail Policy The City Council by a unanimous vote of (3-0) voted to join other Los Angeles County Cities to file a permanent injunction in the implementation of the Zero Bail Policy in Los Angeles County. " aalu n►1U 1 B1►f Y Mayor Estrada motioned to close the Special Meeting at approximately 7:14 p.m. ATTEST: Christopher Saenz, City Clerk APPROVED: October 18, 2023 Emmanuel J Estrada, Mayor Special Meeting 10-04-2023 Page 2 of 2 r t r t presentedThese minutes are in Agenda order. CALL TO ORDER The meeting was called to order at approximately 7:09 p.m. INVOCATION The invocation was led by Pastor Flores and 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 (absent) Council Member Jean M. Ayala (present) Council Member Daniel Damian (present) Mayor Pro Tern Monica Garcia (absent) Mayor Emmanuel Estrada (present) Mayor Emmanuel J. Estrada Mayor Pro Tem Monica Garcia Councilmember Alejandra Avila Councilmember Jean M. Ayala Councilmember Daniel Damian REPORT FROM CLOSED SESSION City Attorney Marco Martinez reported no reportable action under Existing Litigation. The City Council by a unanimous vote of (3-0) voted to join other Los Angeles County Cities to file a permanent injunction in the implementation of the Zero Bail Policy in Los Angeles County. MOTION: Mayor Estrada motioned to close the Special Meeting at approximately 7:1.4 p.m. ANNOUNCEMENTS Councilmember Ayala acknowledged David Muse, member of the SGVWB. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Martin Medrano, Community Relations Manager presented on 2023 San Gabriel Valley Council of Governments (SGVCOG) Updates regarding SGVCOG Initiatives Mayor Estrada and Councilmembers presented certificates of Recognition for the Community Development Employees 20+ years of service. Mayor Estrada and Councilmembers presented certificates of Recognition to the City of Baldwin Park Life Guards for their Heroic Deed. Mayor Estrada and Councilmembers proclaimed Breast Cancer Awareness Month presented to BPPD Cadet Ricardo Bugarin for his creative design of the 2023 BPPD Breast Cancer Patch. Regular Meeting Minutes — 10-04-2023 Mayor Estrada and Councilmembers proclaimed World Habitat Day presented to Bryan Wong, CEO of San Gabriel Valley Habitat for Humanity PUBLIC COMMUNICATIONS Mayor Estrada opened public communication at approximately 7:52 p.m. 1) Kathy Navarro 2) Wen Wen Zhang 3) Paul Cook (via phone) 4) John Rios 5) Greg Tuttle 6) Abel Seeing no one else wishing to speak, public communications was closed. CONSENT CALENDAR 1. 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 [3 — 0]. AYES: AYALA, DAMIAN, ESTRADA 2. Meeting Minutes Motion to approve the following meeting minutes: 1) Meeting Minutes of the Special City Council and Regular City Council on September 20, 2023; and 2) Meeting Minutes of the Finance Authority Board, Housing Authority Board, Special City Council and Regular City Council Meetings held from October 2, 2019 through December 4, 2019. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion. Passed [3 — 0]. AYES: AYALA, DAMIAN, ESTRADA 3. Claim Rejections Motion to reject the following claim and direct staff to send the appropriate notice of rejection to claimant: Mireya Guerrero. The claimant alleges property damage and bodily injuries. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion. Passed [3 — 0]. AYES: AYALA, DAMIAN, ESTRADA 4. Authorize the Addition of Two (2) New Police Vehicles to the City's Lease Program Motion to: 1. Authorize the addition of two (2) new police vehicles to the City's lease program; and, 2. Authorize the Director of Finance to appropriate funds from Fund No. 402 to Acct # 402- 50-591-58140-15727 in the amount of $22,952.40 for FY 23-24 lease cost and $32,484.88 for the one—time purchase for the after -market emergency equipment and make necessary budget adjustment; and 3. Authorize the Director of Public Works to add two (2) vehicles to the lease program and process the necessary documents. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion. Passed [3 — 0]. AYES: AYALA, DAMIAN, ESTRADA Regular Meeting Minutes — 10-04-2023 5. Approval of Resolution No. 2023-033 to Update the Classifications to the City of Baldwin Park's Comprehensive Pay Schedule in Accordance with Ca1PERS Established Guidelines Motion to approve and adopt Resolution No. 2023-033 to update the Comprehensive City of Baldwin Park Salary Schedule to reflect the following changes, to be effective retroactive to July 9, 2023: 1. Reinstate the Housing Programs Coordinator job classification and revise the job description; and 2. Add the new Business License Specialist job classification and establish the job description; and 3. Add the new Court Services and Crime Data Specialist job classification and establish the job description; and 4. Add the new Victim Advocate and Community Services Specialist job classification and establish the job description; and 5. Authorize the Chief Executive Officer, Human Resources/Risk Manager, and the Department Director to process the Personnel Action Forms and related documents. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion. Passed [3 — 0]. AYES: AYALA, DAMIAN, ESTRADA 6. Approval of Resolution No. 2023-032 for a One -Time City Hall Closure Motion to: 1. Approve Resolution No. 2023-032 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, approving a one-time City Hall closure from December 26, 2023 through January 4, 2024, and authorizing qualified employees time off during the Holidays"; and 2. Approve the cancellation of the City Council Regular meetings on the following dates: • December 20, 2023 • January 3, 2024 • July 3, 2024 3. Direct the CEO to provide adequate notification to the public and take appropriate measures to ensure City Emergency Response Operations remain uninterrupted during the closure. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion. Passed [3 — 0]. AYES: AYALA, DAMIAN, ESTRADA PUBLIC HEARING - None REPORTS OF OFFICERS 7. Approve and Adopt Resolution No. 2023-031, nominating a Councilmember to Serve as Board Member to Represent Cities without Pumping Rights on the San Gabriel Basin Water Quality Authority Motion to nominate a Councilmember to serve as the Board Member representing cities without pumping rights on the San Gabriel Basin Water Quality Authority (WQA) and adopt Resolution No. 2023-031, the name of the selected nominee will be added to the Resolution in a final format with the certified votes and appropriate signatures. MOTION: It was moved by Daniel Damian, seconded by Jean M Ayala to adopt nominate Mayor Emmanuel Estrada to serve as a Board member to the SGVWQA Motion Passed [3 — 0]. AYES: AYALA, DAMIAN, ESTRADA 8. Review of Commission Applications and Consideration of Appointments to Fill the Scheduled Vacancies for the Recreation and Community Services Commission Motion to hold off on the review all commission applications for the Recreation and Community Services Commission and make respective appointments. Regular Meeting Minutes — 10-04-2023 MOTION TO POSTPONE: It was moved by Daniel Damian, seconded by Jean M Ayala to postpone the motion more applications are received. [3 — 0]. AYES: AYALA, DAMIAN, ESTRADA CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION Mayor Estrada seeks consensus from Council to - Direct staff to collaborate with BPUSD Art Program to develop artwork for display on city traffic signal cabinets. Direct staff to prepare Letter of Support to President Biden regarding the San Gabriel Mountains National Monument expansion to the western Angeles National Forest in the Los Angeles metropolitan area. Councilmember Damian seeks consensus from Council to: Direct staff to organize a City Prayer Breakfast in 2024, in collaboration with the Clergy Council of the City of Baldwin Park. Date, time and logistics to be determined. ADJOURNMENT Mayor Estrada motioned to adjourn the meeting at approximately 8:30 p.m. ATTEST: Christopher Saenz, City Clerk APPROVED: October 18, 2023 Emmanuel J Estrada, Mayor Regular Meeting Minutes — 10-04-2023 ITEM NO. 4 STAFF REPORT TO: Honorable Mayor and Members of the City Council H U K 0 F "T FROM: Sam Gutierrez, Director of Public Works 'TH E',"' •-, S A , N,,q , ,BB B� I !E L PREPARED BY: David Lopez, Associate Engineer ,VALLEY,`,' DATE: October 18, 2023 Yt� JAB SUBJECT: Approve Memorandum of Understanding with the Los Angeles County Metropolitan Transportation Authority (LACMTA) to Receive National Transit Database (NTD) Reporting Funds for Transit Services for Year 2021 SUMMARY his report seeks Council consideration for the approval of a Memorandum of Understanding (MOU) with the Los Angeles County Metropolitan Transportation Authority (LACMTA) in order for the City of Baldwin Park to receive Proposition "A" Discretionary Incentive funds in the amount of $238,100 for reporting year 2021 for participating in MTA's National Transit Database (NTD) reporting of Baldwin Park's Transit Services to the Federal Transit Authority (FTA). RECOMMENDATION Staff recommends that the City Council approve the attached Memorandum of Understanding (MOU) with the Los Angeles County MTA and authorize the Mayor to execute said agreement. FISCAL IMPACT There is no impact to the General Fund. The City will receive a total amount of $238,100 from MTA as Proposition "A" Discretionary revenue. These restricted funds are used to offset the costs of operating the City's Transit Services Program. BACKGROUND The City of Baldwin Park voluntarily reports annual city transit program ridership and service miles statistics to MTA. The data includes annual costs, revenue, number of passengers, and services provided through the Baldwin Park Transit Program. MTA's collected data from each operator generates additional Federal Section 5307 capital funds to the County of Los Angeles regionally. On June 24, 2021, LACMTA approved the Fiscal Year 2022-23 transit fund allocations, which included funds to make payments to all cities that voluntarily reported NTD data for FY 2020-21. The city has voluntarily submitted NTD data to LACMTA, for Fiscal Year 2020-21 which successfully met all NTD and Federal Transit Administration (FTA) requirements including an NTD audit with no findings. DISCUSSION The City of Baldwin Park receives funds for its NTD reporting based on the same formula that the FTA uses to reimburse LACMTA. The Federal process for reviewing the data creates a two-year lag between data submittal and fund disbursements. This year the city received an MOU for reporting year 2021. The NTD Funds will be applied as revenue in FY2023-24. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. MTA MOU (MOUPAIBALP23000) Page 1 / 1 MOUPAIBALP23000 PROPOSITION A DISCRETIONARY INCENTIVE GRANT PROGRAM MEMORANDUM OF UNDERSTANDING FOR COLLECTING AND REPORTING DATA FOR THE NATIONAL TRANSIT DATABASE FOR REPORT YEAR 2021 This Memorandum of Understanding (MOU) is entered into as of May 1, 2023 by and between Los Angeles County Metropolitan Transportation Authority ("LACMTA") and the City of Baldwin Park (the "City"). WHEREAS, on November 14, 1980, the voters of the County of Los Angeles approved by majority vote Proposition A, an ordinance establishing a one-half percent sales tax for public transit purposes; and WHEREAS, at its September 26, 2001 meeting, the LACMTA authorized payment of Proposition A Discretionary Incentive funds to each participating agency in an amount equal to the Federal funds generated for the region by each agency's reported data; and WHEREAS, at its June 24, 2021 meeting, LACMTA approved the Fiscal Year FY 2022-23 transit fund allocations, which included funds to make payments to all cities that voluntarily reported NTD data for FY 2020-21; and WHEREAS, the City has voluntarily submitted their FY2020-21 data to the National Transit Database (NTD) and have successfully met all NTD and Federal Transit Administration (FTA) requirements in order to generate Federal 5307 funds for the Los Angeles County region; and WHEREAS, the City has requested funds under the :Proposition A Discretionary Incentive Program for collecting and reporting data for the NTD from the FY 2020-21 Report Year (the "Project"); and WHEREAS, on March 15, 2022, the Federal Transit Administration (FTA) published in the Federal Register the FY 2022-23 Apportionments, Allocations, and Program Information including unit values for the data reported to the NTD; and WHEREAS, the parties desire to agree on the terms and conditions for payment for the Project. NOW, THEREFORE, LACMTA and the City hereby agree to the following terms and procedures: ARTICLE 1. TERM 1.0 This Memorandum of Understanding ("MOU") will be in effect from May 1, 2023, through June 30, 2026 at which time all unused funds shall lapse. ARTICLE 2. STANDARDS 2.0 To receive payment for the submittal of the FY 2020-21 NTD statistics, the City warrants that it: A. Adhered to the Federal Guidelines for collecting and Reporting NTD statistics including all audit requirements; B. Prepared and submitted the FY 2020-21 ANNUAL NTD REPORT of the City's fixed -route and/or demand response transit service to the LACMTA on or before October 31, 2021; 3.0 LACMTA shall pay the City for collecting and reporting FY 2020-21 NTD statistics. LACMTA shall pay the City for submitting the FY 2020-21 ANNUAL NTD REPORT for the applicable transit services as follows: MOTOR BUS SERVICE For City's motor bus service, LACMTA shall pay an amount equal to the 213,561 revenue vehicle miles reported by the City multiplied by the FTA unit value of 0.56852457757242847 per revenue vehicle mile. See Attachment A for detail. DIAL -A -RIDE SERVICE For City's dial -a -ride service, LACMTA shall pay an amount equal to the 18,695 revenue vehicle miles reported by the City multiplied by the FTA unit value of 0.56852457757242847 per revenue vehicle mile. See Attachment A for detail. LACMTA shall pay up to $106,057 in ARPA Act equivalent Program Funds to support transit programs that are impacted by the COVID-19 pandemic. 3.1 The City shall submit one invoice to LACMTA prior to June 30, 2026, in the amount of $238,1.00 to receive its payment described above. 3.2 INVOICE BY CITY: Send invoice with supporting documentation to: Los Angeles County Metropolitan Transportation Authority Accounts Payable P. O. Box 512296 Los Angeles, CA 90051-0296 accountspayable@metro. net Re: LACMTA MOLT# MOUPAIBALP23000 M.S. Chelsea Meister (99-4-3) ARTICLE 4. CONDITIONS 4.0 The City agrees to comply with all requirements specified by the FTA guidelines for reporting NTD statistics. 4.1 The City understands and agrees that LACMTA shall have no liability in connection with the City's use of the funds. The City shall indemnify, defend, and hold harmless LACMTA and its officers, agents, and employees from and against any and all liability and expenses including defense costs and legal fees and claims for damages of any nature whatsoever, arising out of any act or omission of the City, its officers, agents, employees, and subcontractors in performing the services under this MOU. 4.2 The City is not a contractor, agent or employee of LACMTA. The City shall not represent itself as a contractor, agent or employee of LACMTA and shall have no power to bind LACMTA in contract or otherwise. 4.3 The City agrees that expenditure of the Proposition A Discretionary Incentive funds will be used for projects that meet the eligibility, administrative, audit and lapsing requirements of the :Proposition A and Proposition C Local Return guidelines most recently adopted by the LACMTA Board. 4.4 These expenditures will be subject to AUDIT as part of LACMTA's annual Consolidated Audit. ARTICLE 5. REMEDIES 5.0 LACMTA reserves the right to terminate this MOU and withhold or recoup funds if it determines that the City has not met the requirements specified by the FTA for collecting and submitting NTD statistics through LACMTA. ARTICLE 6. MISCELLANEOUS 6.0 This .MOU constitutes the entire understanding between the parties, with respect to the subject matter herein. 6.1 The MOU shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original MOU or the same level of authority. ARTICLE 7. CONTACT INFORMATION 7.0 LACMTA's Address: Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012 Attention: Chelsea Meister (99-21-3) 7.1 City's Address: Baldwin Park 14403 E. Pacific Ave. Baldwin Park,CA 91706 Attn: David Lopez dlopez@baldwinpark. com 51 IN WITNESS WHEREOF, the City and LACMTA have caused this MOU to be executed by their duly authorized representatives on the date noted below: CITY: City of Baldwin Park By: EMMANUEL J. ESTRADA Mayor Date: Lm Date: Los Angeles County Metropolitan Transportation Authority By: STEPHANIE N. WIGGINS Chief Executive Officer Date: APPROVED AS TO FORM: DAWYN R. HARRISON County Counsel By: Deputy Date: ATTACHMENTA LACMTA Voluntary NTD Reporting Program for FY'20 Using FY'22 FTA Formula Programs Apportionment Data Unit Values Voluntary NTD Reporting-FY15, RY2013 ATTACHMENT A LACMTA Voluntary NTD Reporting Program for FY21 Using FY23 FTA Formula Programs Apportionment Data Values 1pm'ber;iii ::; Ti rit "Utal 1/ehiclea in" . `i"otaI Vehicle Operator, AI2PA , ; ($)©ue to,', Jutistilction ` M©DE Qperatton Revenue Miles frcfrn Y1�*M `" Deduction Allocatic 1 rlsdietion Alhambra MB 8 174,548 " " ` 99,234.83 123,984 223,219 Alhambra CDR 7 "" "" 05,562 37,213,61 37,274 Artesia DR (DT) 5 3,00 1,743,6fr ; 5,744 7,488 Azusa CDR 6 "" 39,334 ; " ,22,362.35" 43,058 -106,057 65,421 Baldwin Park MB 6 "" '213,561 " 121;414.68 " 227,472 Baldwin Park CDR 2 1$,,595 , ' 10,628,57 10,629 Bell MB 1 30,952." 17;596,97 25,536 43,133 Bell DR 9 "°." , " '. 12,370, '. 7,032,65" 7,033 Bellflower FMB 2 72,260 41,081,59 44,082 85,164 Bellflower DR 2 " " %946 "„ 5,654.56' 5,655 Bell Gardens MB 3 9,360 ' " "51321.39- 67,785 73,107 Bell Gardens DR 3 3,550, " 2,01826, 2,018 Burbank FMB 14 "." 209,�67` 119'257.70 (23294)- 121,213 217,176 Calabasas FMB 11 ' 19,026 10',81615 58,950 69,767 Calabasas DR 1 13;375 " ;" 7,604.02 " 7,604 Carson MB 7 " " Carson DR 15 " "' 48,604 .' ^ 27,291:A5 201,215 228,507 Cerritos FMB 5 1,02,412 " 58,223.74 109,430 167,653 Cerritos DR 10 ", 27,863 "' 15,840.80 "' 15,841 Compton MB 5 201T645 114,640.14 59,542 174,182 Compton DR 2 262 . 149.95 149 Covina CDR 4 36,`93 20,428.79, 28,025 48,454 Cudahy MB 1 341,668, 19,708.47 25,383 45,091 Cudahy CDR 5' ",12,671".- , "7,203,77 : 7,204 Downey FMB 7 9$*1,24' 551785.91 91,941 147,727 Downey DR 16 28,537 ,' 16,223:99 16,224 Duarte MB 2 DID N6T klEJPQRT F" - EI Monte MB 7 220;080 125,120,89 139,311 264,432 El Monte DR 6 "' 40,988 . " 23,30Z69 . 23,303 Glendora MB 3 30,216 " 17,178:54, 84,874 102,052 Glendora DR 10 " " 401,953 ", " '2 ,282.79 23,283 Huntington Park MB 5 143,3 '1 -" " 81,498.57 98,850 180,349 Huntington Park DT 13 40,741 8,27898 28,279 LACDPWAvocado FMB 1 "' ' " 39,443 22,424,31 384,520 17,928 424,872 ####### LACDPWELA MB 6 240;616 , 136,79&11 146,701 283,497 LACDPWELA DR 7 "" 21,761` 42,371.66 12,372 LACDPWEast Valinda MB 1 44,011, 25,055,45 ' 20,174 45,230 LACDPWKing Medical FMB 1 `38,9112 ' 22,122A4 16,171 38,294 LACDPWWillowbrook Shuttle MB 2 81,66 " 46;315:42, 37,660 83,976 LACDPWS.Whittier MB 4 : " " "214;948 1221201.22 . 93,642 215,846 LACDPWAthens MB 1 "". ",. 35,798 " ". 20,352,04 16,882 37,234 LACDPWLennox MB 33,998 " 19,101:29 13,227 32,329 LAC DPWFIoranceFirestone MB 2 " 58„2551 " ' " 3,117„"13 22,134 55,251 Lakewood DR 12 " " 43,500 24,730.182 28,689 53,420 Lawndale MB 2 DID NOT REEPQRT F ` " Lynwood MB 4 '147,147 ;: "83,656.69 62,365 146,022 Malibu DT 9 4,972 2,826.70" 6,786 9,613 ManhattanBeach DR 4 1$,507 ' 8,816,11 22,437 31,253 Maywood MB 2 27,586." 46,683.32 26,242 41,925 Maywood DR 2 ;. 1$,912" 10,75t94 10,752 MontereyPark MB 6 _" MontereyPark DR 3 12,957 " - 7,366,37 111,576 118,942 Pico Rivera DR 3 " ; 6„739 " 3,831:29 9,497 13,328 Rosemead FMB 2 " " "' 110;762 62,970.'92' 80,604 143,575 Rosemead DR 3 " 23,337" " " " 131,267,66 , 13,268 Santa Fe Springs CDR 2 "" �' 8,751'„' 4,975A6 r 9,191 14,166 South Gate FMB 5 114,125 ' " "64,88Z87 162,051 226,934 South Gate CDT 9 107,9J1" 61,395.54 ; 61,396 SouthPasadena CDR 5 �" " " ; "" 14,995. - 8,525,08 16,319 24,844 WestCovina MB 4 167;140 ," 95,023;20" 104,328 199,351 WestCovina DR 4 32,463. 18,456,01 ' 18,456 West Hollywood MB 4 " "" "" 116,405 66,179 52,393 118,572 Total 313 ....,.3,676,567 ,g9,8,2jl, 361,226 5,029,603 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 sn;GAg'eL DATE: October 18, 2023 SUBJECT: Approval of a Professional Services Agreement with Nichols Consulting Engineers for the City of Baldwin Park's Pavement Management System (PMS) Update. SUMMARY This item will approve a Professional Services Agreement (PSA) with Nichols Consulting Engineers (NCE) to update of the City's Pavement Management System (PMS). The agreement also includes a one-year subscription of a dedicated PMS software platform. The system update is required to be performed every three (3) years to certify that the City has a PMS in place and in conformance with the criteria stipulated by the Proposition C Local Return Guidelines established by the Los Angeles County Metropolitan Transportation Authority (LACMTA). RECOMMENDATION It is recommended that the City Council: 1. Approve the Professional Services Agreement to Nichols Consulting Engineers (NCE) in the amount of $54,500; and 2. Authorize the Mayor and City Clerk to execute the contract with Nichols Consulting Engineers for the development of the PMS updates. FISCAL IMPACT There is no impact to the General Fund. The following table lists the funds available for the project which will be included in FY 2023-24 Capital Improvement Program (CIP) Budget. BACKGROUND A Pavement Management System (PMS) provides a set of tools and methods that assists the Public Works Department in finding cost effective strategies for providing, evaluating, and maintaining asphalt and concrete pavements in a serviceable condition. A PMS consists of two basic components. The first component is a comprehensive database, which contains current and historical information on pavement conditions, pavement structures, and traffic data on all City streets. The second component is a set of tools that allows staff to determine existing and future pavement conditions and predict financial needs. This information is stored for each pavement section in the PMS using an industry standard software, Street Saver. The system is implemented by creating an inventory using historical construction data for all arterial and residential roadway network within the City. The roadway inventory is then assessed in the field and a Pavement Condition Index (PCI) is evaluated for each roadway segment. The PCI is a numerical index between "0" and "100", with "100" representing the best possible pavement condition and "0" representing the worst possible pavement condition. The PCI is a critical factor used to develop the schedule for when roadways would need to be resurfaced or reconstructed. Local jurisdictions are required by LACMTA to have comprehensive pavement data collected and updated once every two years for arterials and collector streets and once every three years for residential streets. DISCUSSION The last PMS update was done in March 2021 and the new update was due by June of 2023. LACMTA has granted the City an extension in order for the City to accommodate the implementation of the updated PMS program. The deadline to complete the update is December 2023, to help meet the deadline, staff circulated a Request for Proposals (RFP) in September 2023 for professional services. A total of two proposals were received for the Pavement Management System updates in response to the City's request for proposals process. The proposals were reviewed and evaluated based on 1) general responsiveness to the City's RFP, 2) staff and firm experience with projects in similar size and scope, 3) approach/ methodology, 4) hours and level of effort, 5) ability to meet the City's schedule and expectations, and 6) references. Given the evaluation criteria and based on NCE's qualifications and understanding of the scope of work, technical expertise, and relevant experience, staff has selected NCE as the consultant for the project. NCE will use mobile data collection equipment to evaluate the pavement surface. This consists of modified vehicles with GPS-enabled detection equipment that drive the streets and record pavement surface data. In addition, NCE will assist the City in conducting a comprehensive analysis of the planned software program (Street Saver) and make recommendations for implementation to ensure that the software is the most effective for the City's intended purpose. NCE will provide City staff with training of the software platform and perform a budget needs analysis and assist the City in creating a multi- year pavement rehabilitation program. ALTERNATIVES 1. The City Council may choose not to award the contract to Nichols Consulting Engineers and reject all proposals. This action will delay the work, may place the City in non-compliance with LACMTA and increase costs. 2. Provide Staff with alternate direction. CEQA REVIEW The action being considered by the City Council is exempt from 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 the direct or indirect 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. Professional Services Agreement with NCE Nichols Consulting Engineers Consultant Services Agreement Page 1 of 7 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 18' day of October, 2023 by and between the City of Baldwin Park, ("City"), and Nichols Consulting 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 in the "Schedule of Compensation" attached to and incorporated into this Agreement as Exhibit "B." 3. TIME FOR PERFORMANCE. Consultant shall perform the services above described in a timely manner in accordance with the professional standard practices to evaluate the pavement surface, assist the City in conducting a comprehensive analysis of the planned software program and make recommendations for implementation to ensure that the software is the most effective for the City's intended purpose, provide City staff with training of the new software platform, perform a budget needs analysis and assist the City in creating a multi -year rehabilitation program. 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. Nichols Consulting Engineers Consultant Services Agreement Page 2 of 7 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); Nichols Consulting Engineers Consultant Services Agreement Page 3 of 7 (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. Nichols Consulting Engineers Consultant Services Agreement Page 4 of 7 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 Nichols Consulting Engineers 17050 Bushard St #200, Fountain Valley, CA 92708 (714) 848-8897 (B) City of Baldwin Park Att.: Sam Gutierrez 14403 East Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 ex. 460 Nichols Consulting Engineers Consultant Services Agreement Page 5 of 7 23 NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notices shall be directed to City's Designated Representative identified in Paragraph "21" of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. Nichols Consulting Engineers By: 1114 Name Title Date: 10/10/2023 CITY OF BALDWIN PARK APPROVED AS TO FORM: la Emmanuel J. Estrada Mayor APPROVED AS TO FORM: In Date: Date: Marco A. Martinez City Attorney EXHIBIT A SCOPE OF SERVICES October 3, 2023 Shirley Quinones Chief Deputy City Clerk City of Baldwin Park Department of Public Works 14403 E. Pacific Avenue Baldwin Park, CA 91706 Proposal — Engineering Services for the City of Baldwin Park's Pavement Management System (PMS) Update Dear Ms. Quinones and Members of the Selection Committee: NCE is familiar with the City of Baldwin Park's (City's) street network, as we have previously worked on the City's Pavement Management System (PMS). More recently, NCE updated the City's PMS and provided the LA Metro Certification (Proposition C) deliverables in 2021. As per the last PMS update, the City's street network was in good condition, with the City's network at a Pavement Condition Index (PCI) of 69. Specifically, the City's arterial, Collector, and residential had a weighted PCI of 69, 70, and 68, respectively. As part of this project, NCE will partner with the City to I jINCE C.,;,,,,,;,,U,,;,m1 update the PMS database, recommend rehabilitation strategies to improve pavement conditions, develop a street rehabilitation list, and develop the LA Metro requirement. ABP-----7 NCE is a nationally recognized pavement specialty firm with extensive experience in updating and maintaining PMS(s) and working with cities to maximize allocated funding and develop more efficient bidding packages to support rehabilitation and resurfacing programs. With more than 100 person - years of experience with PMS(s) and with NCE's focus on pavement research, design, and evaluation, we have more knowledge and understanding than any other consulting firm in California. Our highly trained technical staff are experienced in data collection and have worked together on many comparable PMS projects throughout California (see map to the right). We have developed an excellent reputation for dedication, integrity, productivity, quality of work and service to our clients. NCE is a Metropolitan Transportation Commission (MTC) certified consultant with widespread experience providing distress inspections and updating the StreetSaver° PMP. The NCE team offers the City: • Previous Baldwin Park Experience — NCE successfully updated the City's previous PMS update in 2020/21.Our proposed team can provide the City with the technical and management experience to deliver the PMP project on schedule and within budget as we have in the past. We are familiar with City's PMP and street network and have established • Understanding of LA Metro Certification (Proposition C) Bequireme (Proposition C) requirements, having assisted numerous agencies with Park in 2020/21. • Southern California experience providing P S's — NCE has extensive f worked for more than 90 cities/counties locally on similar PMP proje with more than 200 local agencies across California delivering PMP prc • Specialized Emphasis on Pavements — NCE's has assisted several agen pavement life, as well as waste vehicles and developed either a ff premature pavement failures. with City staff. ds LA Metro c luding the City fern California,' the above` NCE or franchise fee associ Real -life Knowledge — NCE understands local agencies' needs and the types of problems frequently encountered, such as lack of trained personnel or funds, budgetary concerns, and other institutional issues inherent in the use of pavement management systems. NCE understands the constraints and has assisted agencies in arriving at realistic solutions. • Certified Inspectors — NCE's field inspectors and engineers are qualified through the OCTA Inspector Certification Programs to ensure accurate and reliable results. NCE's field inspectors are also certified through the Metropolitan Transportation Commission (MTC's), the only agency to administer StreetSaver® certification. • Rigorous Quality Control — NCE's projects include a Quality Control/Quality Assurance (QC/QA) Manager to provide a thorough review of documents prepared for deliverables who reports directly to the Project Manager. Additionally, NCE's engineers and technicians undergo mandatory internal training/calibration once a year for field condition surveys as well as for other PMP-related activities. NCE has the capability to deliver responsive, cost-effective, and high -quality pavement management and pavement engineering services. This contract will be managed from our Fountain Valley office, located less than 35 miles away from the City. We can respond and be at the City's offices within hours if necessary. These services will be accomplished through a systematic and organized method of work and communication led by NCE's proposed Project Manager, Vivek Jha, MS, PE. Mr. Jha will be the contact for all correspondence during the proposal evaluation process. As an Associate of NCE, Mr. Jha is authorized to sign contracts on behalf of the firm. His contact information is as follows: Vivek Jha, Associate/Southern California Operations Manager 17050 Bushard Street, Suite #200, Fountain Valley, CA 92708 p: (714) 848-8897 ext. 102 1 e: VJha@ncenet.com We look forward to your favorable review of our SOQ and are excited to continue our working relationship with the City. Please do not hesitate to contact me at the phone number and email shown directly above with any questions. Sincerely, NCE Vivek Jha, PE Associate/Southern California Operations Manager E?!ik:F5neSe Ppi tt a. Enilx 3T l...t. via ,%ie. U,.,,.$..; CoverLetter.................................................................................................................................................................................. 1 A. Project Team.......................................................................................................................................................................... 3 B. Firm's Experience................................................................................................................................................................. 12 C. Project Understanding......................................................................................................................................................... 15 D. Project Scheduling............................................................................................................................................................... 20 E. Resource Requirements....................................................................................................................................................... 21 F. Fee Schedule........................................................................................................................................................................ 21 G. Insurance.............................................................................................................................................................................. 22 H. References........................................................................................................................................................................... 23 4, Page �i City Of Baldwin Park Pavement Management System (PMS) Update October 3, 2022 NCE has assembled a team of highly qualified individuals who have extensive experience assisting Southern California cities implement a highly functional pavement management program in addition to LA Metro submittal requirements. Our staff have expertise in StreetSaver° software, are MTC certified and dedicated to continuous training in the latest versions of software, design, and construction techniques. In addition to frequently participating in such training, members of our staff instruct others throughout the engineering community. The City can count on our team to provide superior, responsive service on this project. The NCE team is committed to the project for its duration; personnel will not be substituted without prior approval from the City. The organizational chart presented as Figure 1 to the right shows the structure of our team and lines of project roles and responsibilities. All team members, including subconsultants, will be managed as an extension of NCE. NCE Key Team Members Figure 1, Project Organization Chart City of Baldwin Park 2 Marke GeospiW — — — — — — — QC/CAA Manager isa K. Senn Project Manager Vivek Jha, PE i Support Services Project Engineer Turin Punnackal, PE r Field Supervisor Ken Hu€swan 2 Senior Field Technicians Franc Escobedo i Joseph DeLeon i NCE's proposed project personnel have the relevant experience and in-depth understanding of the City's objectives required to successfully conduct pavement condition inspections for the City. The NCE team will be led by our proposed Project Manager, Mr. Vivek Jha, MS, PE. He is supported by an experienced and trusted team of professionals that have successfully worked together on multiple projects, including our proposed QA/QC Manager, Lisa K. Senn. NCE's proposed project personnel have the relevant experience and in-depth understanding of the City's objectives required to successfully conduct pavement condition inspections for the City. With previous direct project experience, successful completion of similar PMS projects, recognized technical leaders that are proven pavement experts, and an approach that demonstrates a detailed plan for the field inspections; the NCE Team will meet the project goals, save time and money, and make leading, positive contributions to the City's project. The roles and responsibilities of each project team member along with their professional qualifications and relevant experience are highlighted below, and their corresponding resumes are provided at the end of this section. Vivek Jha, PE I Project Manager Vivek will act as the single focal point on the project and will be responsible for day-to-day project management and will be the City's single point of contact. He will manage the development of the scope, budget, planning, scheduling, coordination, and quality of the project and will also participate in key meetings. As part of the PMP update, he will direct the data collection activities, PCI calculations, budget analyses, and the preparation of reports. Vivek is NCE's proposed Project Manager for this project. Vivek is a highly strategic, organized, and customer- N"7", Am focused Professional Engineer and brings over 13 years of extensive experience in delivering pavement projects on budget and schedule that improve customer retention and satisfaction. He is adept at managing entire project life cycle including developing and maintaining project schedule, controlling project cost, tracking and documenting variance, developing technical and business reports, CA/QC of other reports and data. Vivek has experience with AASHTO 1993, NJDOT Companion Manual, Pavement ME/MEPDG, PCI, Coring, DCP, GPR, FWD, as well as various pavement management software such as StreetSaver° and PAVER'". He has demonstrated ability to manage internal and external stakeholders by organizing and leading meetings. Vivek's Southern California PMP/PMS clients include the Cities of Aliso Viejo, Carson, Corona, Diamond Bar, Hermosa Beach, Mission Viejo, Santa Barbara, and Counties of Orange and San Diego. Page 12 City of Baldwin Park Pavement Management System Update October 3, 2023 Lisa K. Senn I Quality Assurance and Quality Control CManager Lisa will be responsible for implementing NCE's quality control management program for the project. She will address quality Incontrol and quality assurance procedures and expectations for each team member and will provide the quality assurance review and its documentation of the documents that will be submitted to the client. Lisa is NCE's proposed QA/QC Manager for this project. Lisa has 24+ years of experience completing pavement engineering and transportation projects. She has managed many PMS projects and has been involved in every aspect of PMS implementation and updates including collecting field data, performing condition inspections, and calculating analyses to report preparation, and result presentations to decision makers, project management, and quality control. She teaches the distress and software (both PAVERIm and StreetSaver°) training classes to local agencies for OCTA. She also assists with StreetSaver° training classes for MTC. Ms. Senn has provided PMS training to over 200 city and county engineers and technicians in California. Some of Lisa's PMP clients include the Cities of Anaheim, Aliso Viejo, Baldwin Park, Buena Park, Burbank, Corona, Diamond Bar, Lake Forest, Santa Barbara, Seal Beach, San Gabriel, Stanton, Torrance, and Ventura in addition to the Counties of San Diego, Orange, Santa Barbara, and Ventura. Lisa was the Project Manager on the NCE team for the City of Baldwin Park's previous update in 2020/21. Timin Pnnackal, PE I Project Engineer Timin will oversee the pavement data collection and provide the analysis and interpretation for the pavement design, the pavement design memorandum, selected pavement details and the specifications related to pavement.. Timin is NCE's proposed Project Engineer for this project. Timin is a Professional Civil Engineer with over 12 years of experience in various transportation projects. He has extensive experience acquiring and assimilating a variety of asset data for subsequent analysis and reporting and has expertise with ArcGIS network analysis and Google API tools to perform geocoding and routing for location data. Additionally, Timin has taken a leading technical role in various research projects at NCE, and routinely performs literature reviews, report writing, pavement performance data analysis, statistical analysis, sensitivity studies, developing guidelines, and performing FWD testing. He has also developed macro -enabled documents and SQL queries and applications to assist in the analysis and management of data. Timin is proficient in using several analysis software including various PMP software such as StreetSaver°, AASHTOWare PavementME Design, ArcGis, Microsoft SQL Server, and R Studio. Timin's Southern California PMP/PMS clients include the Cities of Carson, Chula Vista, and Diamond Bar. Franc Escobedo I Senior Fuld Technician Franc is NCE's proposed Senior Field Technician for this project. He will lead/perform the functions relating to data collection. Apart from conducting field inspections, he performs all functions related to data collection and is an active participant in the quality control process. Franc has over 22 years of experience as a pavement management technician for NCE. He has performed numerous pavement condition inspections throughout California, Idaho and Washington and has collected distress data for various Pavement Management Systems, including f� StreetSaver®, PAVERT`" and Cartegraph systems. Franc has collected data for the Cities of Anaheim, Corona, Fullerton, Newport Beach, San Clemente, Santa Ana, Seal Beach, and Stanton, as well as the Counties of Orange and Ventura. He is certified by both the MTC and the OCTA inspector certification testing programs. Both agencies require companies and inspectors to pass a rigorous field test in order to work in their respective jurisdictions. He also assists with the training of agency staff. Franc was the Senior Field Technician on the NCE team for the City of Baldwin Park's previous update in 2020/21. Joseph DeLeon I Senior Field Technician Joseph is NCE's proposed Senior Field Technician for this project. He will lead/perform the functions relating to data collection. Apart from conducting field inspections, he performs all functions related to data collection and is an active participant in the quality control process. Joseph has completed the Orange County Transportation Authority's (OCTA) PAVERTM 'Distress Identification' course for Asphalt Concrete and Portland Cement Pavements. Joseph is also certified by the Metropolitan Transportation Commission (MTC) to perform pavement distress f inspections; the certification testing involves passing a rigorous field test to test the inspector's knowledge of the distress procedures once a year. Joseph has performed quality control checks of field collected data and pavement maintenance history to ensure that the PMP databases are accurate and up to date. His PMP clients include the Cities of Page 13 City of Baldwin Park Pavement Management System Update October 3, 2023 Anaheim, Baldwin Park, Buena Park, Cypress, Dana Point, Downey, Manhattan Beach, Newport Beach, Orange, Redondo Beach, San Clemente, Santa Ana, South Gate, Torrance, West Covina, and Whittier, as well as the Counties of San Diego, Santa Barbara, and Ventura. Joseph was the Senior Field Technician on the NCE team for the City of Baldwin Park's previous update in 2020/21. Kea Huisman rker eo patial) i Field Supervisor Ken will coordinate and manage all facets of the automated or semi -automated survey field work, including crew coordination, survey scheduling, quality components, and timely completion of all fieldwork collection deliverables. } Ken is NCE's proposed Field Supervisor for this project. Ken brings more than 27 years of extensive experience in the pavement and infrastructure management consulting industry. Over the course of Ken's career, he has provided many aspects of infrastructure management to government agencies across North America. During this time, Mr. Huisman has supervised the creation of large and complex public pavement infrastructure and GIs databases for many municipal, state, and federal projects. Mr. Huisman is certified by MTC to perform condition surveys. He has worked collectively with the NCE team on several pavement management programs using StreetSaver® and PAVERTM including the Cities of Anaheim, Baldwin Park, Burbank, Corona, Diamond Bar, Hermosa Beach, Manhattan Beach, Mission Viejo, Newport Beach, Redondo Beach, as well as the Counties of Orange, Santa Barbara, and San Diego. Ken was the Field Supervisor on the NCE team for the City of Baldwin Park's previous update in 2020/21. Specialized Training, Experience and Professional Competence Our engineers and technicians have also undergone training on both software programs. We have developed and conducted training for numerous cities and counties (both field distress and computer training) for various transportation agencies, such as OCTA and MTC. NCE's pavement inspectors for this project have been tested and prequalified through both the OCTA and the MTC "Inspector Certification/Testing' programs. This cover both ASTM D6433-11 for PAVERT' and StreetSaver° modified D6433 distress types. In addition, our proposed QA/QC Manager, Lisa K. Senn, attends a week-long PAVERTI training class every two years in order to be familiar with the latest software updates. This enables NCE to remain current in our understanding of the latest updates to the software as well as ASTM updates. OCTA has contracted with NCE since 2011 to provide distress training and software training for classes held on an annual basis for the agencies of Orange County. Lisa has conducted those classes since inception. Focused resumes highlighting education, qualifications, experience, and applicable credentials for each proposed key team member are provided on the following pages. Page 14 City of Baldwin Park Pavement Management System Update October 3, 2023 Vivek Jha.. MS, PA Project Manager Vivek is an experienced Project Manager and serves as an Associate/ Southern California Operations Manager at NCE. He has over 12 years of extensive experience in the pavement field. Vivek specializes in pavement design and evaluation, rehabilitation and maintenance, and pavement and asset management. He has a wealth of experience in using non- destructive technology (such as automated distress data, GPR, and FWD) for pavement evaluation and design. Vivek is also adept at managing entire project life cycle including developing and maintaining project schedule, controlling project cost, tracking and documenting variance, developing technical reports, QA/QC of other reports and data. Vivek is a registered professional engineer in Maryland and New Jersey. Representative Projects Pavement Management Program Update City of Anaheim, CA Project Manager. The City has approximately 584 centerline miles and NCE has been assisting the City with updating the PMP since 2013 including transitioning from PAVER" to StreetSaver°. Vivek is currently managing the latest round of their PMP update using StreetSaver°. He is responsible for the analysis and quality control of pavement distress data, updating maintenance and rehabilitation decision trees and the treatment unit costs, and the development of budget scenarios and summary reports including submitting the OCTA report for Measure M2 funding. Pavement Management Program Update City of Mission Viejo, CA Deputy Project Manager. The City has approximately 178 centerline miles of local and collector streets and 52 miles of arterial highways. Vivek assisted the City with the latest round (2022) of their PMP update using StreetSaver°. As part of this project Vivek was responsible for the overall QA/QC of the project and ensuring the timely submission of the deliverables (draft and final reports and OCTA Report). Pavement Management Program City of Aliso Viejo, CA Project Manager. The City has approximately 75 centerline miles of public streets. NCE assisted the City in updating the PAVER" PMP. The previous citywide update was completed in 2018 in compliance with OCTA's M2 requirements. Vivek was responsible for the analysis and quality control of pavement distress data, updating M&R decision trees and the treatment unit costs, and the development of budget scenarios and summary reports. Pavement Management and Road Surveying San Diego County, CA Education MS, Civil Engineering, Rowan University, 2009 BS, Civil Engineering, Sardar Patel College of Engineering, Mumbai, India, 2007 Registrations/Certifications Professional Engineer —Civil MD #52713 Professional Engineer —Civil NJ#24GE05734600 Pavement Management Training Levels 1 & 2, 2014 HMA Plant Technologist, Superpave Levels 1 & 2 HMA Construction Technologist Affiliations Advisory Board Member, CREATES ACRP Panel Member, Automated Pavement Condition Survey Practices at Airports Joined NCE 2022 Total Years of Experience Deputy Project Manager. Covering an area of nearly 1,500 square miles, the County 13 years maintains approximately 1,950 centerline miles of roadways. The network is comprised of approximately 1,843 centerline miles of asphalt concrete roadways, with the remainder being exposed cement concrete or unpaved disintegrated granite. Vivek assisted in summarizing the work done by the County and its impact on the "Road to 70" goal and determined the determining the PCI of the underserved communities in each CPG. He is currently assisting the County in identifying sections with missing As -Built data based on 2015/16 and 2021 network distress survey. Page 15 City of Baldwin Park Pavement Management System Update October 3, 2023 Lisa Senn Quality ssurance and QualityControl ( Manager) Lisa's experience includes managing projects, overseeing field surveys and quality control procedures for cities and counties throughout California. A natural teacher, Lisa trains engineers, technicians, agencies, and municipalities on various aspects of pavement management, software, and field distress. Lisa has served as Project Manager and Key Trainer for OCTA PAVER" and StreetSaver® Pavement Management Training Workshops. In addition, she was NCE's Project Manager for San Clemente's previous PMP update. Representative Projects Training and Technical Support Orange County Transportation Authority, Orange County, CA Project Manager and Key Trainer. OCTA in accordance with Measure 2 funding for the County and its agencies hired NCE and its staff to train local agencies and staff on the proper methods of collecting distresses on both asphalt concrete and Portland cement concrete. As well as how to perform budget analysis, updating unit costs for M&R work and preparing reports and other data required to be eligible for the funding. In addition, Ms. Senn has been the primary trainer for classes held each year since 2011. Classes cover the ASTM D6433-11 distresses (PAVERT`") used during surveys. These classes include classroom discussions as well as field training on how recognize distress, how to collect area of distress, and how to determine severity of distress. Once distresses are collected Ms. Senn instructs participants on the use of the software. Class sizes vary between 10 to 35 participants. Training and Technical Support City of Santa Barbara, CA Project Manager. In 2009, the City of Santa Barbara opted to provide in-house PMS operations, as opposed to consultants collecting distress data and preparing reports. Lisa prepared classes to teach the PAVERT`" distress collection and quality control of collected pavement distress data, updating maintenance and rehabilitation decision trees and the treatment unit costs and the development of budget scenarios and summary reports. She assisted staff on the development of the cost-effective maintenance treatments and strategies and preparation of custom multiple -year detailed street maintenance plans and budget option reports. uitiple Pavement Management System Implementations and Updates Various Cities and Counties, CA Education AA, Business Administration, Cuesta College, 1988 Registrations/Certifications Pavement Management Training Levels 1 & 2, 2017 Affiliations American Public Works Association Maintenance Superintendent Association Joined iVCE 2011 Total Years of Experience 23 years Project Manager and/or Quality Assurance and Quality Control (QA/QC) Manager. For Pavement Management Program/System updates and implementations, Lisa is responsible for the analysis and quality control of pavement distress data, updating maintenance and rehabilitation decision trees and the treatment unit costs, and the development of budget scenarios and summary reports. She has developed the cost-effective maintenance treatments and strategies, prepared custom multiple -year detailed street maintenance plans and budget option reports, and linked GIS maps with management sections in the client's PMP database. She is also an advanced user of both the PAVER" and StreetSaver® pavement management software. Some of her Southern California PMP/PMS clients include the following cities, counties and agencies: • Aliso Viejo • Diamond Bar • Newport Beach • San Diego County • Anaheim • Garden Grove • Orange City/County • Santa Barbara • Baldwin Park • Highland • OCTA City/County • Corona • Manhattan Beach • Poway • Santa Monica • Cypress • Mission Viejo • Redondo Beach • West Covina • Dana Point • MTC • San Clemente • Yorba Linda Page 16 City of Baldwin Park Pavement Management System Update October 3, 2023 Timin Punnackal, PE Project Engineer Timin is a Professional Civil Engineer with over 12 years of experience in various transportation projects. He currently serves as the Project Manager for the Long -Term Pavement Performance (LTPP) Material Reference Libraryfor FHWA and oversees the facility operations including incoming and outgoing material shipments and requests. Outside of LTPP, Timin has demonstrated his skills in acquiring and assimilating pavement and non - pavement asset data on several projects. He has extensive experience acquiring and assimilating a variety of asset data for subsequent analysis and reporting and has expertise with ArcGIS network analysis and Google API tools to perform geocoding and routing for location data. Additionally, Timin has taken a leading technical role in various research projects at NCE, and routinely performs literature reviews, report writing, pavement performance data analysis, statistical analysis, sensitivity studies, developing guidelines, and performing FWD testing. He has also developed macro -enabled documents and SQL queries and applications to assist in the analysis and management of data. Timin is proficient in using several analysis proprietary software including various PMP software such as StreetSaver°. Representative Projects Pavement Management Program and Right-of-way Asset inventory City of Redondo Beach, CA Project Engineer. Timin is currently assisting the City with carrying out an inventory of right- of-way assets such as traffic signs and curb ramps. NCE last assisted the City in 2017 in developing a right-of-way asset inventory for assets such as sign inventory, curb ramp, pavement and curb marking, cross gutter inventory, and manhole inventory. In addition, to the asset inventory update, NCE is also assisting the City to update its PMP and develop a multi -year focus plan for the City by carrying out pavement design and base repair marking. The City has approximately 159.43 centerline miles of streets. Pavement Management Program Update City of Diamond Bar, CA Education MS, Civil Engineering, University of Nevada, Reno, 2010 BS, Civil Engineering, University of Nevada, Reno, 2008 Registrations/Certifications Professional Engineer —Civil, NV #024624 Affiliations Friend of TRB Committee AKP10 Friend of TRB Committee AKP40 Joined NCE 2009 Years of Experience Project Engineer. Timin completed a budgetary analysis using the City of Diamond Bar's 12 years StreetSaver° database. The analysis evaluated the impact of three funding scenarios on the City's average network pavement condition index (PCI) over the next seven years. Timin determined the change in the City's network PCI given its existing budget, the required budget to maintain the current network PCI, and the required budget to improve the network PCI. From these scenario analyses, Timin was able to provide the City with a multi -year plan that included a list of recommended treatments for roadway sections. The results were summarized in a PMP Update report. Lastly, Timin conducted a StreetSaver® budget analysis training session for the City engineer. Pavement Management Program Update City of Carson, CA Project Engineer. Timin performed a multi -year target -driven budgetary analysis using the City of Carson's StreetSaver° database. The analysis determined the annual funding required to achieve a PCI of 75 for every street in the City using three analysis periods. Timin compiled the results of the budget analysis in an arrangement of approximately 90 maps, a presentation, and other supporting materials for presentation to the City Council. 020 Asset Data Collection City of San Clemente, CA Project Engineer. NCE assisted the City in carrying out an inventory of the pavement right-of-way assets such as sign, sidewalk, and pavement marking. The sign inventory included MUTCD Code, support type, and spatial location. Page 17 City of Baldwin Park Pavement Management System Update October 3, 2023 Senior Field Technician Franc has 22+ years of experience as a pavement management technician for NCE, and has performed numerous pavement condition inspections throughout California, His experience includes distress collection across various Pavement Management Systems, including the Metropolitan Transportation Commission StreetSaver°, PAVER, Cartographs, and Hansen systems. Franc has completed both the OCTA PAVER and MTC "Distress Identification" courses and now assists with the training of agency staff on both courses. Franc performs all activities relating to pavement data collection using hardcopy forms or tablets. As part of the quality control process, he performs cross-checks of data in the PMS database. He regularly performs quality control checks of field collected data and pavement maintenance history to ensure that PMP databases are accurate and up to date. During this process, he generates detailed reports that are necessary to perform his cross-checks of the collected data. His field experience and expertise are added benefits to agencies during field training. Representative Projects County of Orange Program Management System Updates County of Orange, CA Engineering Technician. Pavement distress surveyor. Scope includes verifying the road inventory for a road network (674 centerline miles), surveying the roads using ASTM D6433- 11 protocols, updating the maintenance history, developing maintenance strategies, performing multiple budget scenarios, linking to a GIS shapefile, developing a seven-year work plan, and preparing reports. Concurrent with the pavement condition survey, mobile data collection units gathered high -resolution 360-degree geo-referenced right-of-way street level digital imagery along with 3D point cloud data. Assets collected included markings, signs, curb ramps, signals, and drainage features. Pavement Management Inspections Various Cities and Counties, CA Senior Field Technician. Projects included various forms of inspections for pavement distress data collection, such as walking, windshield, and/or semi -automated inspections. Some of his past/current PMP/PMS clients in Southern California include: • Agoura Hills • Hermosa Beach • Santa Barbara Aliso Viejo • Highland City/County Anaheim • La Habra • Santa Maria Baldwin Park • Lemon Grove • Santa Monica Bell • Manhattan Beach • Seal Beach • Buena Park • Mission Viejo • Stanton Burbank • MTC • Thousand Oaks • Camarillo • Newport Beach • Torrance Chula Vista • Orange City/County • Ventura County • Commerce • OCTA • Vista Corona • Palm Springs • West Covina • Dana Point • Poway • Whittier • Diamond Bar • San Clemente • Yorba Linda • Downey • San Diego County • El Cerrito • San Dimas • Encinitas • San Gabriel Education Computer Operations Program, Computer Learning Center, Los Angeles, CA, 1983-84 Network Engineering & Administrative Program Computer Learning Center, Anaheim, CA, 1997 Certified Network Administration Computer Learning Center, Anaheim, CA 1997 Registrations/Certifications OCTA PAVER Certification (expires 2023) MTC StreetSaver° Rater Certification Program (expires November 2023) Joined NCE 2004 Years of Experience 22 years CTRTIFICATE OF ACHIEVENEPAT Page 18 City of Baldwin Park Pavement Management System Update October 3, 2023 Joseph joined NCE in 2017 as a pavement management technician and is experienced in collecting distress data for pavement management systems. Apart from conducting field inspections, he has performed all functions related to data collection and is an active participant in the quality control process. As part of this process, he performs cross-checks of data in the PMP database. Joseph has performed quality control checks of field collected data and pavement maintenance history to ensure that PMP databases are accurate and up to date. During this process, he generates detailed reports, needed to help perform his crosschecks of the data collected. Joseph has completed the Orange County Transportation Authority's (OCTA) PAVER" 'Distress Identification' course for Asphalt Concrete and Portland Cement Pavements. Joseph is also certified by the Metropolitan Transportation Commission (MTC) to perform pavement distress inspections; the certification testing involves passing a rigorous field test to test the inspector's knowledge of the distress procedures once a year. The Pavement Inspector Certification/Testing covers both ASTM D6433 for PAVERT' and StreetSaver® modified ASTM D6433 distress types. Representative Projects Pavement Management System City of Santa Barbara, CA Field Technician. Collecting distress data for AC/PCC surfaces according to the ASTM19/20 system. Inspected residential, collector and urban arterial streets in Santa Barbara. Pavement Management Systems City of Stanton, CA Field Technician. Collecting distress data for AC/PCC surfaces according to the ASTM19/20 system. Inspected urban arterials in Stanton. Pavement Management Systems City of Newport Beach, CA Education Mendocino College Registrations/Certifications OCTA PAVER Certification (expires 2023) MTC StreetSaver° Rater Certification Program (expires 2023) Joined NCE 2017 Years of Experience S years Field Technician. Collecting distress data for AC/PCC surfaces according to the ASTM19/20 system. Conducted windshield inspections on residential, collector and alleyways in Newport Beach. Pavement Asset and Management and Pavement Condition Inspections Various Cities and Counties, CA Field Technician. Listed below are a collection of agencies that he has performed condition inspections. Projects included various forms of inspections for pavement distress data collection, such as walking, windshield and/or semi -automated. Some of his current/past PMP/PMS clients in Southern California include: • Anaheim • Manhattan Beach • Santa Barbara City/ • Baldwin Park • MTC County • Buena Park • Newport Beach • South Gate • Cypress • Orange City/County • Thousand Oaks • Dana Point • Orange Cove • Torrance • Downey • Redondo Beach • Ventura City/County • Garden Grove • San Clemente • West Covina • Highland • San Diego County • Whittier • Lake Forest • Santa Ana • Yorba Linda CERTIFICATE OF ACHIEVEMENT 3iisrpl3 i]K I eon Page 19 City of Baldwin Park Pavement Management System Update October 3, 2023 Field Supervisor Ken brings over 27 years of expertise and experience in the pavement and infrastructure management consulting industry. Ken has provided many aspects of infrastructure management to government agencies across North America. During this time, Ken has supervised the creation of large and complex public pavement infrastructure and GIS databases for many municipal, state, and federal projects. Over the course of Ken's career, he has developed an extensive portfolio in providing PMP services and is proficient with most off -the -shelf pavement management programs in the marketplace. Ken is routinely consulted by various agencies to provide helpful solutions that are applied throughout the entire life cycle of public infrastructure management. Ken is a graduate of the School of Engineering at Georgian College in Canada. He spent 17+ years of his career with Stantec Consulting working his way up to Senior Associate before founding Mission Geographic in 2007, now known as Marker Geospatial, a firm dedicated to providing public works users and decision makers with a variety of innovative and useful infrastructure asset management tools. In summary, Ken's experience with various operation management software technologies together with data collection and GIS mapping services —such as infrastructure asset inventories, condition assessments, GIS field infrastructure mapping, and 3D reality capture using LiDAR, has made him a great resource for all the clients that he works with. Registrations/Certifications OCTA PAVER TM Certification (expires 2024) MTC StreetSaver° Rater Certification Program (expires 2024) .coined Marker 2007 Career Accolades: Years of Experience • Participate in the FHWA on the Long-term Pavement Performance program. 27 years • Served and helped over 220+ local government public works agencies. marker ceopatial • Aided ten (10) state and provincial governments on pavement management projects. • Involved with some of the earlier high-speed pavement profiling equipment provided in the industry. Representative tive Projects Ken has worked collectively with the NCE team on many pavement management projects for many cities and counties in California as noted below: Cities and Counties: • Aliso Viejo • Anaheim • Bakersfield • Baldwin Park • Burbank • Calaveras County • Clearlake • Citrus Heights • Contra Costa County • Davis • Diamond Bar • Elk Grove • Fresno • Glenn County • Hermosa Beach • Highland • Kern County • Kings County • Lake County APC • Lakeport • Madera County • Manhattan Beach • Mendocino COG • Merced County • Monterey County • Napa • Orange City/County • Rancho Cordova • Redondo Beach • Rocklin • Redondo Beach • Sacramento City/County • San Diego County • Santa Barbara City/County • Santa Cruz City/County • Shasta County • Siskiyou County • Thousand Oaks • West Sacramento • Yolo County Other State and Provinces • Arizona DOT • California DOT (Caltrans) • Oregon DOT Page 110 City of Baldwin Park Pavement Management System Update October 3, 2023 NCE is a client -focused professional consulting firm integrating the disciplines of engineering, science, and planning to address the infrastructure and resource challenges facing our communities today and in the future. Unique from other civil engineering firms, we have specialized in pavement technology, including pavement management, design, and research for more than three decades. We have performed pavement condition surveys ranging from state highways in 12 states to local street networks in over 200 cities and counties in California. We have surveyed over 100,000 miles of pavements, including alleys and parking lots. Our field data collection ranges from walking surveys as per the StreetSaver® protocols to using specialized automated equipment to collect data such as pavement distresses, roughness, structural strength (deflection testing) to asset data (signs, signals, curb ramps, marking, sidewalks, etc.). We have perfected the semi -automated approach to ensure the results are consistent and reproducible. The semi-automated/automated approach not only saves time and money but is also safe. In addition, it allows the majority (almost 100%) of the network to be surveyed as compared to the walking survey where only a sample of the network is surveyed. Our services include pavement evaluation, testing and design, civil engineering, and the research and design of sustainable and innovative pavement technologies. NCE was established in 1990, and we have since grown to over 130 employees in seven offices across California, Nevada and Arizona. More than 85% of NCE's revenues come from local, state, and federal agencies providing NCE with an in-depth understanding of current regulations, policies, and procedures, as well as best practices. Services for this contract will be primarily provided from our local Fountain Valley office. Subconsultants NCE has teamed with Marker Gospatial, LLC (Marker) to provide automated condition surveys. We have successfully worked together for twelve years collecting, processing, and delivering accurate pavement condition surveys; as well as on other public works roadway, and roadside infrastructure projects, surveying assets for government agencies. Marker owns and operates a fleet of right-of-way data collection equipment and uses proven technologies to successfully complete pavement data collection and asset management projects. Pavement aria ent Expertise NCE has extensive experience evaluating and implementing pavement management systems for numerous public agencies throughout California and the west coast. We are a nationally recognized pavement specialty firm, with broad capabilities and expertise in the areas of pavement management, civil engineering, and pavement design, evaluation, and analysis. We provide pavement management services and are proficient with most software currently in use, including StreetSaver°, PAVER'"", and Cartegraph, which t f 76% i f II C If W h f II I t d PMP f accoun or o o a a ornia agencies. a ave success u y imp emen e or numerous cities and can assist the City to plan a regional multi -year capital improvement program more effectively. We are active in over 10 pavement -related (including pavement and asset management) committees at the Transportation Research Board, a national research organization, and since 2008, we have worked closely with The League of California Cities' Oversight Committee on the Statewide Local Streets and Roads Needs Assessment. Our role has been to lead the systematic Page 111 City of Baldwin Park Pavement Management System Update October 3, 2023 needs assessment of the local roads and streets in California, report the condition of the system, and describe the overall funding strategies for the local streets and road transportation network. NCE understands the City would like to use the StreetSaver®, program; we are an MTC certified firm and have a solid familiarity and working knowledge of StreetSaver®. Not only are we StreetSaver® certified, we have been actively involved the beta testing and software development; provided technical guidance and support; and developed and delivered training workshops to hundred of city and county staff for the past 30 years. As an indicator of our experience and the quality of our work, NCE received MTC's award for "Best Pavement Management Consultant." Over the years, we have also obtained a positive and collaborative relationship with StreetSaver® management and technical staff which serves as a benefit to our clients. When issues arise, StreetSaver® staff serve as an extension of NCE's team and respond quickly to inquiries. NCE's expertise in PMPs is exemplified by our close relationship with MTC. Therefore, we offer the City superior service and a wealth of knowledge and skills working the program and utilizing the data to apply and recommend new pavement technologies for design and rehabilitation. We are committed to remaining at the forefront of the latest PMP technology and methodology. RIGIIIII Yv t, z��a v40 NCE has completed over 200 identical or similar projects throughout California delivering the services the City has requested for this project, including PMP updates for over 90 cities and counties located in Southern California alone. We are currently providing PMP related services for the following agencies (LA county agencies denoted in bold): • City of Anaheim • City of Baldwin Park* • City of Bell* • City of Buena Park • City of Burbank • City of Carson • City of Dana Point • City of Diamond Bar • City of Downey • City of Garden Grove • City of Huntington Park* • City of Lemon Grove • City of Lake Forest • City of Manhattan Beach* • City of Mission Viejo • City of Moreno Valley • City of Newport Beach • City of Orange • City of Redondo Beach* • City of San Gabriel • City of Santa Ana • City of Santa Monica* • City of Seal Beach • City of Southgate • City of Stanton • City of Temple City* • City of Torrance* • City of Ventura • City of West Covina • City of Whittier • County of Orange • County of Santa Barbara • County of San Diego • MTC and OCTA LUNGE NCE provided Metro certification compliance submittals for many of the clients denoted with an asterisk. The City of Baldwin Park can be assured that similar submittals will be prepared efficiently and cost-effectively to meet the Los Angeles County Metropolitan Transportation Authority's requirements. Project Examples Below are examples of similar Southern California projects with scopes of services relevant to Baldwin Park that NCE and successfully completed by NCE and NCE personnel within the last five (5) years. These project examples demonstrate our team's PMP/PMS expertise as well as the diverse experience and capabilities that we can provide to the City. Page 112 City of Baldwin Park Pavement Management System Update October 3, 2023 2009-2021 PMP Updates: Program Management System Updates and Budget Analysis Project Description: NCE was selected by the City to perform a PMS update in 2015-2016. As part of the update, NCE performed a software assessment and StreetSaver° was populated with city data. We field verified the pavement inventory, performed distress/condition surveys on the entire pavement network (59.75 miles), calculated PCI, performed budgetary analyses including four funding scenarios, developed a multi -year maintenance and repair work plan, prepared final reports, and presented results to City Council. 2022-2024 Street Rehabilitation Program Scope of Work: NCE is currently designing the City's reconstruction -focused FY 2022-2023 and FY 2023-2024 street rehabilitation project totaling $7 million for 4 miles of arterial, collector and residential streets. In addition to determining the pavement treatment, NCE scope of work also includes the design of nearly 300 curb and gutter repair locations, and the evaluation of over 130 intersection corners for curb ramp compliance with the ADA. NCE is currently preparing the PS&E package. NCE also assisted the City in developing its PS&E package for FY 2020 and 2021. Project Outcome: NCE has provided integrated design services, including PMP, pavement evaluation and design, and preparation of PS&E packages. This approach has resulted in the City improving its network PCI by 7 points, from 65 to 72 over a period of 4 years. This was achieved by creating a focused, multi -year plan that met the city's needs and optimized its capital improvement program budget. NCE also assisted the City in submitting the documents to comply with LA Metro requirements. Key Staff: VivekJha (PMP Lead), Timin Punnackal (Project Engineer), Franc Escobedo (Senior Field Technician) and Joseph DeLeon (Senior Field Technician). Year Report was Completed: 2023 Porject Description: The City of Baldwin Park selected NCE in 2020 to update the pavement management system (PMS). NCE performed the following tasks: • Implement StreetSaver° for PMS • Field verified pavement inventory • Performed distress/condition surveys on the entire pavement network consisting of 114 centerline miles • Calculated PCI for all streets • Updated pavement strategies and unit costs in decision tree • Performed budgetary analyses including three funding scenarios and prepared PMP report • Developed a multi -year maintenance work plan • Provided training on StreetSaver® Project Outcome: NCE assisted the City in implementing the StreetSaver to maintain and update the City's PMS. NCE also assisted the City in submitting the documents to comply with LA Metro requirements. Key Staff: Lisa Senn (Project Manager), Franc Escobedo (Senior Field Technician), Joseph DeLeon (Senior Field Technician), and Ken Huisman/Marker Geospatial (Semi -Automated Data Collection). Year Report was Completed: 2021 Page 113 City of Baldwin Park Pavement Management System Update October 3, 2023 Project Description: NCE was selected by the City of Redondo Beach to update its PMP and right-of-way asset inventory for its entire network of 159.43 centerline miles. The scope of work included taking the preliminary recommendation from the PMP and developing a 3-year work plan by selecting treatments that are based on pavement condition index (PCI), pavement core information, subgrade information determined via laboratory testing, and site constraints. NCE's engineers field verified each pavement recommendation and performed investigation to determine the most feasible treatment. NCE also assisted the City in developing work zones to optimize resource utilization and reduce costs. Finally, NCE staff marked base repairs prior to construction each year; this data will then be used to generate GIS maps, facilitating easy accessibility and tabulation for future reference. NCE's scope of work included the following tasks: • PMP and right-of-way asset inventory • Work Plan for FY 2023-25 & field review of FY 2023-25 Street List • Pavement coring and laboratory testing, pavement design & marking base repairs • Council Presentation, Technical Workshop, and Technical Support • Sign, curb marking, sidewalk, curb, cross -gutter, manhole, and pavement marking Inventory Project Outcome: NCE assisted the city in complying with LA Metro Requirements, developed annual street rehabilitation list, and inventoried right-of-way asset. Key Staff: Vivek 1ha (Project Manager), Timin Punnacka) (Pavement Engineer), Franc Escobedo (Pavement Technician), Joseph DeLeon (Pavement Technician), and Ken Huisman/Marker Geospatial (Semi -Automated Data Collection). Year Report was Completed: 2023 NCE understands that the City of Baldwin Park (City) is seeking proposals from consulting firms with expertise in developing, implementing, and/or preparing updates for a pavement management program (PMP). A comprehensive PMP will be critical in assisting the City in developing funding scenarios as well as multi -year budget and treatment plans that are practical and cost-effective. An updated PMP will also allow the City to comply with LA Metro Proposition C requirement, which requires agencies to update the PMP every three (3) years. Ideally, the PMP is used to prepare a multi -year maintenance plan, which consists of a rotating maintenance schedule using consolidation of treatments versus rehabilitation and zone improvement approaches. These approaches are used by many cities, as it reduces construction costs by creating more aggressive bidding and reducing mobilization and minimizing disruptions to businesses and residents. NCE has performed similar analyses for numerous agencies in Southern California. The City currently manages its street network of approximately 114.5 centerline miles (Arterial — 22.8, Collector — 30.4, Residential — 58.2, and Alleys — 3.1 centerline miles) of streets and alleys using a detailed inventory of street segments to determine pavement condition and develop its maintenance and resurfacing program. The last condition surveys were performed by NCE in 2020/21. As part of the last update, the entire City's street network was evaluated, and network PCI was determined to be at 69. Below are the breakdown by functional class and condition category per the last PMP update. Table 1. City's Pavement Network and Condition Summary per the 2020/21 PMS Page 114 City of Baldwin Park Pavement Management System Update October 3, 2023 �q■� . yy.�.y EmEm" ..�`: \ I Table 2. City's Pavement Condition Breakdown by Functional Class and Condition Category per the 2020/21 PMS The PMP will provide the City's policymakers and asset management experts with the following key pieces of information: 1. Updated inventory of the City's current pavement network, including condition and attribute information of sectionalized street segments, such as to/from locations, functional class, length, width, area, number of lanes, etc. 2. The current Pavement Condition Index (PCI) of the entire network and by functional class. 3. Recommendations for future maintenance and rehabilitation (M&R) strategy based on discussions between NCE and the City's asset management professionals. 4. A five-year workplan based on various funding and treatment scenarios, which will show the Council and the public the most cost-effective manner of spending the City's tax revenue and newer revenue sources such as SB1. 5. A long-term funding analysis to determine future needs that will help guide the City Council in making informed policy decisions and achieve PCI goals. The following sections provide NCE's scope of work and proposed schedule to complete the work. Please note that as part of the 2020/21 update, NCE evaluated multiple PMS software and determined that StreetSaver was the best fit based on the City's needs. Further, due to the expedited nature of this project, reevaluating PMS software would cost the City both valuable time and budget. Thus, our scope of work and cost are developed assuming the Scope of Work NCE has assembled a team of highly experienced individuals who have implemented PMP's and updates throughout Southern California. The NCE team will be led by Mr. Vivek Jha, MS, PE, who will be responsible for day-to-day project management. Lisa K. Senn (NCE Project Manager for the City's 2020/21 PMS update), as NCE's proposed QC/QA Manager, will have the responsibility for incorporating the quality assurance/quality control (QA/QC) steps into our work. NCE will first meet with City staff to kick off the project and review and discuss the technical approach (covering both field and office work) and any administrative matters as may be necessary. At a minimum, items to be discussed will include the following: • Scope of work, project schedule, budget, and invoicing requirements • Points of contacts • Monthly Progress Reports • Field work (scheduling and access requirements for field work; public safety concerns, requirements and procedures; and Quality Control Plan (QCP). Page 115 City of Baldwin Park Pavement Management System Update October 3, 2023 In addition to the kick-off meeting, NCE will schedule additional meetings with City staff at appropriate milestones to review work performed, update survey progress, and address any questions or issues that arise. NCE will schedule at least two meetings to discuss any items regarding the PMP. After the kick-off meeting, NCE will prepare a draft Quality Control Plan and submit it to the City for review. Deliverables for Task A: • Agenda and summary of meetings • Draft Quality Control Plan Task B — Pavement Condition Surveys NCE's MTC and OCTA certified inspectors will inspect the 114.5 miles of City maintained streets and alleys using ASTM D6433 protocols. The evaluation of the pavement surface distress is based on three components: • Type is defined as 'What kind of crack or defect is it?' based on environmental distresses (e.g., block, longitudinal/transverse cracking, weathering) or load related distresses (e.g., alligator cracking, rutting). • Severity is defined as 'How bad is the defect?' in terms of the measurement or degree of wear associated with the condition. • Extent refers to quantity or 'How much?' of the pavement is affected by a particular distress. As noted in the RFP, NCE will perform pavement distress surveys using an automated method Our team (NCE and Marker) is well -practiced in collecting, measuring, and mapping all roadway data with a sophisticated automated approach using pavement laser scanners. In addition, our team complements this automated process with MTC-certified inspectors in our survey vehicle to identify and confirm all pavement distress data by using our on -board surface distress recording subsystem. One survey pass per pavement section will be performed on one to two lane streets. Additional passes will be performed on streets with three or more lanes or divided streets (see survey coverage area in the illustration to the right). NCE will be responsible for providing the equipment necessary for the performance of this task. Should City personnel wish to observe NCE's crews during the inspections, they can accompany NCE's field crews for up to %: day —to gain hands-on training at no additional cost to the City. We have found that this is the most effective training method for agency staff, as they become part of the data collection crew, rather than just an observer. Please note that NCE's scope of work and condition surveys do not address issues including but not limited to traffic, safety and road hazards, geometric issues, road shoulders, sidewalks, curb and gutters, drainage issues or short-term maintenance that should be performed. Efflm��� Effective pavement management involves implementing quality management practices that go beyond a one-time survey of the final data. Relying solely on such surveys poses a high risk of failure. To ensure superior quality for our clients, NCE incorporates a Quality Control (QC) component into all our projects. Please refer to Appendix C for a Sample QC Plan. For this Page 116 City of Baldwin Park Pavement Management System Update October 3, 2023 particular project, we have proposed the appointment of a QC/CA Manager, Lisa K. Senn. She will oversee the following project responsibilities.: • Calibration of all data collection activities • Review of field activities, including spot checks on the field crews • Review field procedures and making changes as needed • Compare the field data collected with on -site conditions • Review of all data entry functions, including random spot checks • Review of reports generated, and analyses performed to ensure a quality product NCE's QC/QA Plan provides for a minimum of 5% of the field data to be re -inspected by a different inspector. A comparison of the distresses (type, severity, and quantity) will be made and at least 95% of re -inspected sections must be in compliance. In addition to the above, NCE will renew the City's StreetSaver license for one year as part of this task. Deliverables for Task B: • StreetSaver° database with distress data • PCI listing report • One-year of StreetSaver Subscription &R History — As part of this task, NCE will review the list of street segments and pavement treatments since the last PMP update in 2020/21 (to be provided by the City). Recent M&R historical data is extremely useful to present accurate pavement conditions and predict future performance. M&R activities (e.g., overlays and reconstructions) that have occurred within the last five years will be entered into the StreetSaver° database. The City will need to provide the M&R historical records in the following format: street name and identifiers; beginning and ending limits of work; type of treatment; and date of treatment. Decision Tree & Unit Cost — NCE's expertise in civil and pavement engineering makes us well -suited to help the City create an M&R decision tree. We will work with City staff to identify past successful treatments and explore rehabilitation treatments like cold in -place recycling and asphalt rubber overlays. Once the M&R alternatives are defined, we will determine treatment unit costs for each alternative and ensure accuracy by reviewing recent bid tabs and neighboring cities' unit prices. Our unit prices will be fully loaded rates and will include not just contractors' prices but also design, inspection, and testing costs. Budgetary Analysis — NCE will perform a Budget need analysis using an analysis period of five years (can be as many as 30). This task will identify M&R requirements for each street section and determine the total M&R requirements over the entire analysis period. The costs are then summed up for the entire period. This forms the basis for performing Budget Scenario evaluations, which optimize the street sections for repair under constrained budgets. The Budget Scenarios evaluation prioritizes road sections for repair under constrained, realistic, budgetary assumptions. Three budget- or target -driven scenarios will be performed after discussions with City staff. The budget analysis will focus on how different scenarios impact the PCI over time and how much (if any) additional funding is required to achieve the target PCI goals (determined by the City) for each scenario. Examples of typical scenarios include: Page 117 City of Baldwin Park Pavement Management System Update October 3, 2023 • Future pavement condition based on historical funding of pavement maintenance • Impact of drops and/or increases in existing funding on network PCI • Funding levels necessary to maintain current network PCI • Funding level necessary to improve current network PCI Deliverables for Task C: • M&R history report • Virtual meeting to discuss treatment alternatives and costs • Results from three (3) budget scenarios Based on discussion with the project team (NCE and City staff), a preferred scenario will be recommended. The results from the preferred scenario will be used to develop a five-year rehabilitation program. Upon completion of the analyses, NCE will prepare a Draft Report for the City to review. Following the City's review of the Draft Plan, NCE will prepare a Final Report. The Final Report will be a single comprehensive document with appendices that clearly and concisely contains all relevant findings, observations, and recommendations. The report and its exhibits will be presented legibly. The report charts and map exhibits will have distinguishable color gradations. At a minimum, the Final report will contain the following components: • Executive Summary outline complete report • Methodologies utilized for field surveys and budget analysis • Current overall pavement conditions (PCI) o Condition distribution by functional road classification o Condition distribution by percent of roadway network o Condition comparison with other cities in region and state • Projected annual repair/rehabilitation road maintenance programs over a 5-year period • Analysis that allows City to measure impact of cost of deferred maintenance for various funding levels • Exhibit showing proposed annual work to be performed based upon available funding over a 5-year period • GIS map exhibit showing existing PCI rating and a 5-year work program (see sample in Appendix B) • Quality Management Plan document As part of this task, NCE will also present the findings from this project to the City Council at no extra cost to the City. Deliverables for Task E: • Draft Report • Virtual meeting to discuss draft report • Final Report by December 20, 2023 by NTP provided by October 16, 2023; Council Presentation Page 118 City of Baldwin Park Pavement Management System Update October 3, 2023 , NCE proposes the following schedule for all work to be completed from receipt of the NTP to submittal of the final report. Assumptio x = Meetm,F_s. Task B assumes 1145 centerline miles of streets using automated method and includes 5%qC re8nsraect�on.. Task B ass.umes. no Breather delaVs... Task, D Includes. 1 week for City review. Task a Final Peraart to be submitted by December 20, 2023 if NTP rs garovw ded by 0ctoLzer 16, 2923. NCE's itemized man hour is provide below. As requested, our "Not -to -Exceed" Fee Proposal is enclosed in a separately sealed envelope. NCE's "not -to -exceed" cost proposal and hourly fee schedule are provided in a separate file clearly marked "Cost File," per the requirements of the RFP. F. Fee Schedule SCHEDULE OF CHARGES 2023 PROFESSIONAL SERVICES Principal........................................................................................................................................................................................$240/hour Associate.......................................................................................................................................................................................$210/hour SeniorII.........................................................................................................................................................................................$200/hour SeniorI..........................................................................................................................................................................................$190/hour ProjectII........................................................................................................................................................................................$180/hour ProjectI.........................................................................................................................................................................................$140/hour StaffII............................................................................................................................................................................................$135/hour Page 119 City of Baldwin Park Pavement Management System Update October 3, 2023 StaffI.............................................................................................................................................................................................$130/hour TECHNICAL SERVICES Senior Construction Manager*.................................................................................................................................. $160/($185-PW)/hour Construction Inspector*............................................................................................................................................$140/($165-PW)/hour SeniorDesigner.............................................................................................................................................................................$170/hour CADDDesigner..............................................................................................................................................................................$150/hour CADDTechnician...........................................................................................................................................................................$130/hour SeniorField Scientist.....................................................................................................................................................................$135/hour FieldScientist................................................................................................................................................................................$115/hour Senior Technician*..................................................................................................................................................... $100/($125-PW)/hour Field/Engineering Technician*.....................................................................................................................................$90/($115-PW)/hour ProjectAdministrator...................................................................................................................................................................$100/hour TechnicalEditor............................................................................................................................................................................$100/hour Clerical............................................................................................................................................................................................$90/hour CONTRACT LABOR From time to time, NCE retains outside professional and technical labor on a temporary basis to meet peak workload demands. Such contract labor will be charged at regular Schedule charges. LITIGATION SUPPORT Engineer/Scientist.........................................................................................................................................................................$380/hour Court Appearances & Depositions................................................................................................................................................$575/hour EQUIPMENT Plotter...................................................................................................................................................................... (separate fee schedule) Truck.............................................................................................................................................................................................. $115/day Automobile.................................................................................................................................................IRS Standard Mileage Rate+10% Falling Weight Deflectometer Testing........................................................................................................................................ $4,000/Day Coring.......................................................................................................................................................................................... $5,000/Day Environmental Equipment....................................................................................................................................... (separate fee schedule) OUTSIDE SERVICES Rental of equipment not ordinarily furnished by NCE and all other costs such as special printing, photographic work, travel by common carrier, subsistence, subcontractors, etc.......................................................................................................................................... cost + 10% COMMUNICATION/REPRODUCTION In-house costs for postage, printing and copying.............................................................................................. project labor charges x 5% TERMS Billings are payable upon presentation and are past due 30 days from invoice date. A finance charge of 1.5% per month, or the maximum amount allowable by law, will be charged on past -due accounts. NCE makes no warranty, either expressed or implied, as to its findings, recommendations, specifications, or professional advice except that they are prepared and issued in accordance with generally accepted professional practice. *A surcharge of $25/hour applied for technicians and construction inspectors to comply with Prevailing Wage (PW) per requirements of California Department of Industrial Relations. J _w NCE has reviewed and concurs with the provisions and can/will meet the insurance requirements without alterations to this agreement. Upon award of a contract, NCE will provide the City with a certificate of insurance naming the City as "an" additionally insured. NCE also understands the City's insurance coverage requirements are a prerequisite for entering into an agreement with the City. Below is a summary of our current insurance coverage for comprehensive, general liability, professional liability, automotive liability, and workers compensation. Commercial General Liability Each Occurrence: $1,000,000.00 Aggregate: $2,000,000.00 Workers Comp/Employer's Liability Page 120 City of Baldwin Park Pavement Management System Update October 3, 2023 Each Occurrence: $1,000,000.00 Aggregate: $1,000,000.00 Automotive Liability Each Occurrence: $1,000,000.00 Aggregate: $1,000,000.00 Professional Liability Each Occurrence: $2,000,000.00 Aggregate: $2,000,000.00 Excess/Umbrella Liability Each Occurrence: $5,000,000.00 Aggregate: $5,000,000.00 NCE has had the privilege to work with many counties, cities, and towns in California, including Baldwin Park, on pavement - related projects. The individual and agency references provided below will allow the City to verify NCE's experience with similar projects, as well as the level of satisfaction of our clients. Page 121 SCHEDULE OF COMPENSATION CITY OF BALDWIN PARK PAVEMENT MANAGEMENT SYSTEM (PMS) UPDATE COST PROPOSAL Assumptions Task A - Includes 1 kick-off meeting and 1 project status update meeting. Task B - Assumes 114 centerline miles of streets using automated method and includes 5% QC reinspection. Task B includes 1-year of StreetSaver license Task C - Includes One meeting to develop the City's decision tree, updating M&R history since the last update in March 2021, and 3 budget analysis Task D - Includes one draft report and one Final report; Includes City Council Presentation at no extra cost to the City Submitted by: Nichols Consulting Engineers, Chtd. Date Submitted: October 10, 2023 ITEM NO. 6 STAFF REPORT TO: Honorable Mayor and Members of the City Council rH FROM: Ron Garcia, Director of Community Development s;GAg'E` Nick Baldwin AICP, City Planner PREPARED BY: Melissa Chipres, Associate Planner DATE: October 18, 2023 SUBJECT: Approval of a contract with Architerra Design Group, David Evans & Associates, and Armstrong & Walker, Landscape Architecture to provide landscape plan check review consulting services. SUMMARY This report requests the City Council approve a contract with Architerra Design Group, David Evans & Associates, and Armstrong & Walker Landscape Architecture, to provide on -call landscaping architecture plan checking services for private and public development in the City. RECOMMENDATION It is recommended that the City Council approve professional services agreements in substantial form to that attached as Attachment Nos. 1-3, subject to any non -substantive changes made by the CEO and City Attorney. FISCAL IMPACT There is no fiscal impact related to the approval of a prequalification landscape plan check consulting services list. The current deposit for a landscape plan check review is $1,250 for residential projects and $2,500 for commercial development. These costs will be reimbursed by the developer. Costs are based on the charges from the landscape architecture firm and staff time based on a fully burdened hourly rate. BACKGROUND The Planning Division is in need of professional services to assist in the review of landscaping and irrigation plans. Historically, the Planning Division has utilized three Landscape Architecture firms to assist in reviewing landscape plans. These three firms are Architerra Design Group, David Evans and Associates, and Richard Fisher Associates. The existing three-year contract has since expired. Landscape architects are trained in plant selection, plant growth, and irrigation layout. The City adopted in 2012 a State -required Water Efficient Landscape ordinance. This ordinance requires the submittal of water calculations that are correlated with the plants in zones of water usage. Due to the complexity of the irrigation calculations and the desire for the City to obtain high quality landscape plan review, it is appropriate to continue utilizing professional landscape plan check services. Page 1 / 2 On August 31, 2023, staff issued a Request for Qualifications (RFQ) for Environmental Consulting Services. On September 14, 2023, proposals were received from the following 4 firms: Consultant Locations Architerra Design Group Rancho Cucamonga Armstrong & Walker Landscape Architecture Duarte David Evans & Associates Ontario VDLA Solana Beach The proposals were reviewed by staff for completeness, relevant experience, qualifications of proposed project team, and understanding of the scope of services. The following list of recommenced firms are listed below in alphabetical order Consultant Location Architerra Design Group Rancho Cucamonga Armstrong & Walker Landscape Architecture Duarte David Evans & Associates Ontario DISCUSSION EVALUATION AND SELECTION OF CONSULTANT Upon evaluation of the proposals, staff is recommending that the City Council authorize a prequalification list with these (3) three firms to provide landscape plan check consulting services for private and public development projects in the City for three years ending October 18, 2026. The recommended firms have the ability to fulfill the needs of the City. Staff selected firms of varying sizes (small, medium, and large firms) as development projects come in a variety of sizes. In addition, some of the selected firms can complete the landscape plan reviews in- house while others utilize sub -consultants. The selected firms have a diversity of size and range of expertise allowing for the city to select the most appropriate proposal (price, timeframe, areas of expertise) from one of the firms depending on the type of development proposed. LEGAL REVIEW None required. ATTACHMENTS #1, Contract Agreement with Architerra Design Group, #2, Contract Agreement David Evans & Associates #3, Contract Agreement Armstrong & Walker Landscape Architecture Page 2 / 2 [ARCHITERRA DESIGN GROUP] Consultant Services Agreement Page 1 of 7 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _ day of OCTOBER, 20_ by and between the City of Baldwin Park ("City"), and [ARCHITERRA DESIGN GROUP] ("Consultant"). In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" attached to and incorporated into this Agreement as Exhibit "A." Duration of Scope of Services may be extended on a month -to -month basis, but shall not exceed the total compensation. 2. COMPENSATION. City shall pay for the services performed by Consultant pursuant to the terms of this Agreement at the time and manner set forth in the "Schedule of Compensation" attached to and incorporated into this Agreement as Exhibit "B." 3. TIME FOR PERFORMANCE. Consultant shall perform the services above described in a timely manner in accordance with the professional standard practices rendering services with the skill and care ordinarily practiced by similar professionals in similar circumstances at similar times and locations ("Standard of Care") and for the duration of the assignment from the date this agreement is entered to. 4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel, equipment and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. Consultant shall be free to contract for similar services to be performed for other entities while under contract with City. Consultant is not an agent or employee of City, and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Consultant shall be responsible to 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 [ARCNITERRA DESIGN GROUP] Consultant Services Agreement Page 2 of 7 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 [ARCHITERRA DESIGN GROUP] Consultant Services Agreement Page 3 of 7 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. [ARCNITERRA DESIGN GROUP] Consultant Services Agreement Page 4 of 7 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. may any of the terms, provisions or conditions be except by a written amendment signed by all parties. This Agreement may not be modified, nor modified or waived or otherwise affected, 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 [Architerra Design Group] [10221 A- Trademark St] [Rancho Cucamonga, CA. 91730] [909-4484-2800] (B) City of Baldwin Park Att.: [Enrique C. Zaldivar P.E./CEO] 14403 East Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 X482 [ARCHITERRA DESIGN CROUP] Consultant Services Agreement Page 5 of 7 23 NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notices shall be directed to City's Designated Representative identified in Paragraph "21" of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. CITY OF BALDWIN PARK M Enrique Zaldivar,P.E. Chief Executive Officer Dated: CONSULTANT: [Architerra Design Group] Name/Title Dated: EXHIBIT A SCOPE OF SERVICES SCHEDULE OF COMPENSATION ARCHITERRA DESIGN GROUP September 14, 2023 City Of 1301dwin Park Office of the: City Clerk� 3rd Floor Landscape Architect R,FP 14403 E Pacific Ave, Baldwin Park� CA,91706 Regarding.- Request For ProposAls ("RFP") To Provide On Call Landscape Plan Chedk Services Dear Ms. Chipres, • of 611 City, County, and State water conservation mandates and guidelines. 1� irividei oh -call lindscaad and 11• Oly of Baldwin Park Request for Proposals I"RFP") To Provide On Call tcindscape Plan Check Servicv� page 2 -- I Richard "tqmwiede, PLA#2834 Prbsident (909i) 484-2800 Oxt. 1 Oi02 City of Baldwin Pork Rcqupsl Rx Proposds ("RFF') To Provde, On CaR, Landscape Plan Check Scrvk--(,,,s page 3 City of Baldwin Park Requesf For Propose ils ("UP") To Provide On Call, Landscape Plon Check Seivices page 4 tasked with ensuring ADC has all information required before an initial inspection can be scheduled. The Site Inspector shall be responsible for delivering the completed "Inspection Report" to the City and notifying the City of compliance or non-compliance with the approved plan set and document any direct communications with the applicant on required corrections and re -inspections. "Typical" Scope of Services — Landscape & Irrigation Plan Check Review and Site Inspection Services A. Plan Check Review 1, Receive two printed copies, or digital files, of the, submitted Landscape Plans, and reference plans, from City staff: 2e Receive, track, review, and comment on landscape planting/irrigation design plans in a comprehensive and organized format, utilizing a checklist approved by the City, in accordance with the City's Water Efficient Landscaping Standards. All documents provided by ADC shall be in digital format for returning to the City. 1 Evaluate landscape planting and irrigation plans for conformance with the goals and policies of the City's Landscape Design Manual, General Plan, Zoning Codes, Specific Plans, applicable Design Guidelines and MWELO. 4. Review of civil engineer grading plans, as needed, to ensure consistency with: landscape plans, 5. Attend virtual or in -person meetings with the City, property owners and applicants to provide comments, recommendations, conditions of approval, and alternative design illustrations. as requested), 6Provide comments, revisions, recommendations, conditions of approval, and alternative design illustrations for project submittals, (an example of an alternative design solution may be a simple sketch to convey an idea of how to improve the design) 7Review plans in a timely manner and in conformance with applicable City, County and State requirements. 8Review plans for conformance with municipal code requirements, the City's Water Efficient Landscaping Standards, MWELO, and Fuel Modification plans, 9. Receive all necessary reference material from City staff, such as street improvement plans, grading plans, utility plans, etc. Provide open communication with the Planning Division. 10, Review plan base information against provided reference material. 11. Review submitted landscape plans for completeness against the project's conditions of approval. 12. Review and check calculations, testing results, assertions, and other technical portions of reports. City of Baldwin Park Request For Proposals ("UP") To Provide On Call - Landscape Plan Check Services page 5 13. Verify that maintenance responsibility is included/indicated on the plans. (ADG is not responsible for maintenance of the project) 14. Advocate the City's position in meetings with developers and/or other consultants. 15. Perform a variety of cost estimates, small studies, general project management activities, and provide general support to City staff. 16. Provide and coordinate redlined comments with City staff and related departments. 17. Return one digital copy of the submitted Landscape Plans to City staff for distribution to the submitting landscape architect. 18. Coordinate'with City staff as needed for due diligence, ensuring plan check reviews completed are aligned with the City's vision and any special project - specific circumstances. Maintain availability to coordinate with City staff during business hours. 19. Review of the City's advanced planning projects, including development of residential design guideline and objective design standards, as needed. 20. Attend Design Review Board (DRB), Planning Commission, City Council, and other City meetings, as requested. (virtual meetings preferred) 21. Create and maintain a system for tracking the review status for project applications and plan checks and provide Planning Division staff with access to tracking system. (example could be through a sharable document such as Google Docs, or the like) 22. Efficiently provide phone and/or meeting consultation to submitting landscape architect (consultant) regarding the prepared redline comments as needed to clarify comments and resolve issues. S. Site Inspections 1. Assist Planning Division staff with providing technical support at preconstruction meetings, as needed. 2. Assist Planning Division staff with assessing project conformance with approved landscape and irrigation plans. Travel to sites, conduct field inspections, and assist staff as needed to perform inspections of completed development projects and infill properties. 3. Conduct interim inspections as needed during the landscape construction process to ensure installation of irrigation and landscaping complies with the approved construction plans, project conditions of approval, applicable Specific Plan requirements, and the City's Water Efficient landscaping Standards. 4. Confer/coordinate with the project landscape architect, contractor, etc., in the field and office as needed to provide direction/clarification on correction issues as needed. City of Baldwin Park Request For Proposals ("UP") To Provide On Call , Lond.scape Plan Check Services page 6 5. Verify that landscape and irrigation audits are conducted by the developer's third- party consultant, as required by the Comity's Water Efficient Landscape Guidelines. 2. Pro'ect Team �x erience Cily of Baldwin Park Request For fPropmok J"RF41"I lo Provide On U-ill - tondscape Plan Chck Services Page 9 0 Landscape and Irrigation Design Plan Checking * Landscape and Irrigation Design Plan Checking * Field Inspections and Reports 5., Fee Pro osa We propose to provide Plan Checking and Inspection services, as directed by the City. Our hourly rates listed below would apply to plan check, travel, and site inspection billing on an hourly basis. Rates are guaranteed for the first two years of this agreement, UAM—MM 111, Plan Check, Site Inspection Services & Travel Time: $125.00/hour Expedited/Overtime Rate, $187.50/hour Project Manager: Landscape Designer: CAD Draftsman: Clerical: Reimbu[§il�� The following shall be reimbursed at cost and are not included in the Basic Fee for Services, All automobile mileage shall be paid at the standard rate for business automobil use as set forth by the Internal Revenue Service. I Expense of out8ide lreproomphic reproductions for generation of original drawings� plan check submittals and construction bidding, including printing, plotting, Xerox copying, photo reproductions. 9 Cost of postage and shipping expenses other than first class mail. Cost of models, special rendered exhibits, promotional photography, specia;l process printingi special equipment, special printed reports or publications maps and documents approved in advance, • Agency Processing and fees paid for securing approval of agencies having jurisdiction over the Project (Plan check fees, Variance applications, etc.). • Fees for additional special consultants retained with prior approval. Third party soil testing, as required by California Water Efficient Landscape Ordinance AB 1881. (for design projects) [DAVID EVANS AND ASSOCIATES] Consultant Services Agreement Page 1 of 7 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _ day of OCTOBER, 20_ by and between the City of Baldwin Park ("City"), and [ARCHITERRA DESIGN GROUP] ("Consultant"). In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" attached to and incorporated into this Agreement as Exhibit "A." Duration of Scope of Services may be extended on a month -to -month basis, but shall not exceed the total compensation. 2. COMPENSATION. City shall pay for the services performed by Consultant pursuant to the terms of this Agreement at the time and manner set forth in the "Schedule of Compensation" attached to and incorporated into this Agreement as Exhibit "B." 3. TIME FOR PERFORMANCE. Consultant shall perform the services above described in a timely manner in accordance with the professional standard practices rendering services with the skill and care ordinarily practiced by similar professionals in similar circumstances at similar times and locations ("Standard of Care") and for the duration of the assignment from the date this agreement is entered to. 4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel, equipment and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. Consultant shall be free to contract for similar services to be performed for other entities while under contract with City. Consultant is not an agent or employee of City, and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Consultant shall be responsible to 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 [DAVID EVANS AND ASSOCIATES] Consultant Services Agreement Page 2 of 7 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 [DAVID EVANS AND ASSOCIATES] Consultant Services Agreement Page 3 of 7 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. [DAVID EVANS AND ASSOCIATES] Consultant Services Agreement Page 4 of 7 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. may any of the terms, provisions or conditions be except by a written amendment signed by all parties. This Agreement may not be modified, nor modified or waived or otherwise affected, 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 [David Evans and Associates] [4141 East Inland Empire Blvd. Ste. 250] [Ontario, CA. 91764] [909-481-5740] (B) City of Baldwin Park Att.: [Enrique C. Zaldivar P.E./CEO] 14403 East Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 X482 [DAVID EVANS AND ASSOCIATES] Consultant Services Agreement Page 5 of 7 23 NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notices shall be directed to City's Designated Representative identified in Paragraph "21" of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. CITY OF BALDWIN PARK M Enrique Zaldivar,P.E. Chief Executive Officer Dated: CONSULTANT: [David Evans and Associates] Name/Title Dated: EXHIBIT A SCOPE OF SERVICES SCHEDULE OF COMPENSATION m m September 14, 2023 City of Baldwin Park Office of the City Clerk, 3rd floor Landscape Architect RF'P 14408 E. Pacific Avei. Baldwin Park, CA 91706 DAVID EVANS T_ RE: Proposal for On -Call Landscape Plan Check Services Dear Mel: Sincerely, DAVID EVANS AND ASSOCIATES, INC. Kim S. Rhodes, PLA Vice President z Todd Holmes, PLA Project Manager 4141 East Inland Empire Boulevard Suite 250 Ontario California 91764 Telephone: 909.481.5750 Facgirrille: 909.481,5757 FIRM HISTORY arpi'1111111111111 p I a I arrssi Faamm - oum-e L" MMU LU 111 1pi UVJJ ly U M qUdHLJ V1 11111i VVI I demonstrating stewardship of the built and natural environments. City of Baldwin Park a City of San Gabriel 0 City of Palm Desert City of Chino Hills 0 City of Riverside * City of Anaheim City of Chino 0 City of Fontana * City of Los Angeles City of Diamond Bar 6 City of Lake Elsinore 0 County of Orange City of Pasadena 0 City of West Covina City of Commerce City of Walnut 0 City of Irwindale City of Signal Hill David Evans and Associates, Inc. 3 LANDSCAPE FLAN CHECKING SERVICES CITY OF BA.LDIN:IN.PARK We've provided a project team familiar with City of Baldwin Park requirements and expectations, to ensure we have skilled resources and technical support to address the needs of each of our clients when serving as an extension to staff. Our organization chart highlights several team members available for a contract of this nature; however, we are supported by 12 landscape architects, designers and construction managers within the Southern California Region alone. Our designated project manager resides in our Ontario office and is readily accessible to your team. We anticipate the annual contract to include primarily planting and irrigation plan checking; however, the following typical tasks may be included on an as -needed basis as requested by the City: • DRC Review • Meetings with Project Planners, ❑RC, Planning Commission, and City Council • Plan Review including consistency with the General Plan, Development Code, applicable Ordinances, and Design Guidelines. • Preparation of Plan Check Comments (Digital) • Notification to and/or coordination with project Applicants • Supplemental Plan Checks after initial review • Review of Construction Plans and Documents (First by Landscape Architect, Second by team members with expertise in site planning and grading) • Landscape Advisory Resource Based on the above noted tasks, DEA can provide the necessary services with our in-house team and therefore no outside subconsultants will be required. Our team will meet with City staff and obtain pertinent documents, procedures, applications, or any other items deemed necessary to continue our thorough understanding of the guidelines and policies required to perform the work. PROPOSED TIMELINE 1 TURN -AROUND PROCESS DEA's goal is to have the plans ready for approval by or before the third check. To accomplish this, we encourage the project landscape architect to meet or speak with the plan checker during the initial submittal to review the submittal for completeness, to gather information from each other to understand the nuances of the project, and to eliminate misunderstandings. For some clients, DEA has created plan check lists specific to their agency requirements to help both agency staff and applicants in the design submittal process. In working together with the City staff and the project landscape architect, we can help minimize applicant omissions as well as delays in the approval process. DEA will adhere to the required turnaround time periods for each plan check submittal, ensuring timely performance that benefits the City as well as the applicant. ESTABLISHED QUALITY ASSURANCE/QUALIT"Y CONTROL {QA/QC} PROGRAM DEA has a proven in-house QA/QC Program which addresses the stages of formal reviews. Our philosophy and culture is focused on Senior Management involvement and Client satisfaction. The proposed team has an impressive history of longterm plan checking services to public works and private developer clients. David Evans and Associates, Inc. I'mo ' W"" ............. ON JAI on & Oen, CID , CLIA u IIIAvaj]6b* - 40% David Evans and Associates, Inc. 5 W MMENIM Landscape Architect a 11 wa•. M ' • � MMMOM�N�� 3IRMOMMOM 9 Client shall pay the costs plus 15% for any applicable governmental fees, title company charges, outside vendor reproduction costs, in-house reproduction costs, mileage, and delivery or messenger services incurred on Client's behalf. am= [ARMSTRONG & WALKER, LANDSCAPE ARCHITECTURE] Consultant Services Agreement Page 1 of 7 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _ day of OCTOBER, 20_ by and between the City of Baldwin Park ("City"), and [ARCHITERRA DESIGN GROUP] ("Consultant"). In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" attached to and incorporated into this Agreement as Exhibit "A." Duration of Scope of Services may be extended on a month -to -month basis, but shall not exceed the total compensation. 2. COMPENSATION. City shall pay for the services performed by Consultant pursuant to the terms of this Agreement at the time and manner set forth in the "Schedule of Compensation" attached to and incorporated into this Agreement as Exhibit "B." 3. TIME FOR PERFORMANCE. Consultant shall perform the services above described in a timely manner in accordance with the professional standard practices rendering services with the skill and care ordinarily practiced by similar professionals in similar circumstances at similar times and locations ("Standard of Care") and for the duration of the assignment from the date this agreement is entered to. 4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel, equipment and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. Consultant shall be free to contract for similar services to be performed for other entities while under contract with City. Consultant is not an agent or employee of City, and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Consultant shall be responsible to 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 [ARMSTRONG & WALKER, LANDSCAPE ARCHITECTURE] Consultant Services Agreement Page 2 of 7 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 [ARMSTRONG & WALKER, LANDSCAPE ARCHITECTURE] Consultant Services Agreement Page 3 of 7 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. [ARMSTRONG & WALKER, LANDSCAPE ARCHITECTURE] Consultant Services Agreement Page 4 of 7 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. may any of the terms, provisions or conditions be except by a written amendment signed by all parties. This Agreement may not be modified, nor modified or waived or otherwise affected, 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 [Armstrong & Walker, Landscape Architecture] [280 Mel Canyong Rd.] [Duarte, CA. 91010] [626-357-4599] (B) City of Baldwin Park Att.: [Enrique C. Zaldivar P.E./CEO] 14403 East Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 X482 [ARMSTRONG & WALKER, LANDSCAPE ARCHITECTURE] Consultant Services Agreement Page 5 of 7 23 NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notices shall be directed to City's Designated Representative identified in Paragraph "21" of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. CITY OF BALDWIN PARK IS Enrique Zaldivar,P.E. Chief Executive Officer Dated: CONSULTANT: [Armstrong & Walker, Landscape Architecture] la Name/Title Dated: EXHIBIT A SCOPE OF SERVICES SCHEDULE OF COMPENSATION -PROPOSAL ASSISTTO LANDSCAPE PLAN CHECK SERVICES Subadit t Armstrong & Walker, LantheapeArchitecture 280 Mel Canyon Road, Duarte CA 91010 September 14, 2023 City of Baldwin Park Office of the City Clerk, Yd Floor Attn: Melissa Chipres, Associate Planner 14403 E. Pac](1c Avenue Baldwin Park., CA 91706 Dear Ms, Chipres: In response to your ReqUICSt for Proposals dated August 31, 2023, we are pleased to submit this pro- posal and fee esfuriate for landscape architectural services to assist City of Baldwin Park staff" with Landscape [']an Cliecking for projects proposed within the City. 'We have reviewed [lie niaterials included in the RFTI, and based on the information provided and our experience in assisting other cities with plan checking, have as good Understanding of the services N(JUired. We are familiar with the City context, have worked with City starl'on various projects, and developed an efficient process for reviewing project plans and returning comments, productive communication with applicants and their desigii consultants when necessary, and resolution of' coufficts to both the City's and appli- cant's satisfaction, In particular, we have been working to keep abruist of current and evolving Wa.- ter Efficient Landscape Ordinances and their firiplernentation, including attendance at seminars oil the topic, caret'Lil review of ordinance updates, and communication with State and City staffto eta- starethat plan check procedures and comments are accurate, consistent, and in confori-nance, In addi- tion, we are familiar with Baldwin Park's high standards for aesthetics and site design, and would be pleased to assist in upholding them as well as current design guidelines and ordinances. Our proposed Work. Proposal, project Team description, Experience of Siniflar Work, References, and Fee Schedule are as, follows, with as detailed Scope of Services de tied in the following section. Also itICILided in this proposal is at description of our firin qualifications, including resurries For per- sonnel, who will provide services. In addition, as fee breakdown with billing rates and direct expenses, and infiorniation on our firm's insurance coverage is included, We feel we have as good understand- ing of the services required, and the experience and qualifications to successfully provide them, We look forty and to as good working relationship with City staff, Our proximity to Baldwin Park, and flexibility in scheduling will allow Lis to be responsive to the City' s needs, in reviewingand returning plans,, attending meetings, and coordinating with City personnel, As you may know, I.,andscape Architects are regulated by the State of California, Any questiolls concerning as Landscape Architect may be refcrred to: Landscape Architects Technical Corninittee 400 R Street, Suite 400, Sacraniento, CA 95814 (916) 445-4954 We would be happy to attend an interview, answer questions, and provide any additional information needed. Thank you for the opportunity of submitting this proposal; we look forward to working with the City of Baldwin Park in implementing high design and water efficiency standards throughout the City. Sincerely, Anna Armstrong, Principal Calif Registered Landscape Architect #2293 Richard Walker, Principal Calif, Registered Landscape Architect #3478 t R XV � TRONGA iVI) fV,4 1, IU,,R. LA NDS`C,4 PE I RCHITECTURE CITY OF BALDWIN PARK LANDSCAPE PLAN CHECK SERVICES 1. WORK PROPOSAL/ SCOPE OF SERVICES As described in the Request for Proposals, services will include: • Evall.1,10011 of Planting Plans for appropriateness ol'plant size and typ o: based on then- context (with special consideration for durability in higli-use pedestrian areas,, visibility near driveway entrances, anti maintenance at Maturity). • Evaluation of Planting Plans for appropriateness of plant size and type based on composition of the overall landscape design, • Evaluation of planting and irrigation appropriateness on slope planting areas, • Verification that Planting and Irrigation Plans nrect MWELO requirements. • Other criteria listed in this proposal. The following is a description of Armstrong & Walkers proposed methodology for Providing Landscape Plan Check services to the City of Baldwin Park, based on the Reqnest for Proposals and experience with other cities in the region, Although we have detailed this work program, we are flexible in our approach, and can rnodif.y our procedures to meet ('try goals and requirements. We corn int to providing all set -vices described under "Work Proposal" and other infortnation in the Request for Proposals, including but not limited to the tasks described below. I. Review of Current & Proposed Process (orientation, no charge for this portion of scope) A. At the start of the contract,, triect with City staff to review plan check goals, criteria, niethodol- ogy, and products as directed. Attendees to include Arma Armstrong (first principal/ owner) and Richard Walker (firm principal/ propject rnariagcr), be licensed landscape architects, 13� Review recent versions of the City's Landscape Design Manual, Zoning Code developincrit standards, Specific Plan developiricnt standards, Water Efficient Landscaping Ordinance, tree protection ordinance (if applicable), and other pertinent documents used for plan checking, to rnake sure comments are consistent and in accordance with City requirements, (Anna Arm- strong and Richard Walker) Deliverables/Products: Notes or nienros related to the plan clieck, process-, questions (if they arise) and clarification on the intent or implementation ofthe City's pertinent guidelines and ordinances. 11. Project -Specific Plan Check Services (fees listed in the separate Fee Surilmary section) Note! Fees listed for this section pertain to review of drawing sets that include tip to two (2) sheets each ol'Landscape C0I1StrUCti0D Plans, Planting Design Plans, ItTigation Design Plans, Landscape Detail Sheets, Girdding Design Plans, Water Efficient Landscape Documeritation Package, and Soil Management Plan (or report). For very large sets of plans wills runItiple sheets of each type ofplan, additional fees, for plan check may be negotiated. The following is our proposed work program/ sequence for completing plan checks, su�jecr to modification as necessary to fit the needs, of" a particular prqject or City direction . A. When a project is received electronically, complete a short overview and contact the City Planner if needed to discuss specific project design issues. If requested, make a site visit to ob- serve and note existing conditions and context (this can usually be done electronically using Google Street View). Note site opportunities and limitations that may affect the project land- scape design, including existing trees on the site, The accoipanying Fee Summary lists a fee for an initial site visit if needed. Time to complete — 2 days. B. Review the submitted plan package, including preliminary design and/or construction draw- ings; carefully evaluate for conformance to City ordinances and guidelines, as well as any pro- ject -specific conditions of approval. Comments will be marked on plans electronically using BluBcam software. Please note that Soil Management and Grading Plans may be reviewed as they pertain to irrigation and landscape design, but not for structural integrity or other engi- neering criteria. Time to complete -- S days. C. Obtain any pertinent information from the Public Works Department related to new street trees required for a project, and/or existing street trees to be retained and protected or removed and replaced. Include this information on the plan check documents. Time to complete — 2 days. D. Evaluate the Water Efficient Landscape Documentation Package for accuracy and complete- ness; check all information and calculations submitted to make sure they are correct and in conformance with requirements of the current Water Efficient Landscaping Ordinance. Mark up the documents as necessary to indicate any incomplete or inaccurate information. Time to complete — 3 days. E. Compile an electronic plaza check report with all plan check comments, to be returned to the City within 14 days of receipt of the plan check submittal; communicate with the project Plan- ner if necessary to review plan check comments and concerns. 'rime to complete — 2 days. F. Review the applicant's corrected resubmittal of plans and documents; if accepted provide a conditional approval memo, or if necessary another set of electronic plan check corrections and plan check report within 1.4 days of receipt of the resubmittal. O. If requested by the City, meet with project applicants and/or their design consultants via virtual ineeting, at the project site, or at City Hall, to answer questions and resolve issues related to plan check direction, Deliverables/ Products; Internal notes/memos related to projects to be checked; electronically "redlined" plan set and Water Efficient Landscape Documentation Package; plan check report compiling all plan check comments; additional marked -up plans, documents, and plan check report for second submittal and any additional resubmittals until plans and documents are approved. III. Optional Additional Services upon request (fees attached for tasks A and B; other tasks to be negotiated based on scope of services or charged at regular hourly rates as directed) A. During or upon completion of construction., visit a project site to determine whether landscape and irrigation was installed and completed according to the approved plans. Provide a report to City staff accordingly. The accompanying Fee Summary lists a fee per site visit if needed. B. Upon completion of installation but prior to issuance of a Certificate of Occupancy, review the Certificate of Completion signed by the project Landscape Architect and/or Irrigation Designer and the property Owner. This certificate shall certify that the landscape has been installed and will be maintained in accordance with the approved plans, and the irrigation and maintenance schedule has been completed and will be followed. 'There is no additional charge for this ser- vice if combined with a site visit following installation, C. If the Owner/ Applicant desires to make substantive changes in the landscape design after approval of the plans, review the new/ revised plan package, including updated. Water Efficient Landscape 'Documentation Package, for conformance to City ordinances, guidelines, and con- ditions of approval, Provide a memo listing corrections or approval of the proposed redesign. D. Provide follow-up site visits if necessary to observe ongoing landscape and irrigation mainte- nance (including watering schedule), and determine if it conforms to the Landscape Documen- tation Package and Certificate of Completion, Provide a report to City staff accordingly. E. If requested, assist City staff with development of proposed ordinances, revisions or addenda to existing ordinances, guidelines, or publications related to landscape, irrigation, water conserva- tion, tree protection, and related issues, One example would be a brochure describing City pol- icies, programs, and requirements for landscaping, and appropriate plant materials for use in meeting Baldwin Park's WELO code, for use by project applicants, design professionals, and residents. Also provide input on tree protection issues if needed. Work with the City to assist with the modification of any ordinances, guidelines, or procedures related to landscape and plan review if it is determined. changes are necessary. No specific fees are included for these efforts, but proposed fees can be submitted once a scope of services is established. F. Meet with City staff to review overall plan check procedures (not project -specific), evaluate any problems that arise and determine if any changes need to be made in the process. Products: Reports, memos, and other correspondence as appropriate. 2, PROTECT TEAM Staffing; for all tasks listed above will be the firm of Armstrong & Walker, Landscape Architec- ture, a general partnership comprised of Anna Armstrong and Richard Walker, firm principals and licensed landscape architects. Anna Armstrong will be responsible for project management, review of overall design and planting design drawings, and writing plan check reports at the completion of each plan check. Richard Walker will provide review of technical plans and details (irrigation, construction, grading) and WELO reports. If needed, Armstrong & Walker can obtain the services of Amy Nettleton, an independent licensed landscape architect with experience in plan checking, as a subconsultant. Current work loads for eachh team member vary, and can be adapted to meet the scheduling needs of plan check assignments. Please see full resumes of personnel in the qualifica- tions section below. 3. EXPERIENCE ON SIMILAR WORD Plan Check Services, City Of Arcadia — Since 2010, Armstrong & Walker has provided land- scape and irrigation plan check services, to review projects with more than 2,500 square feet of landscaping that are applying for a building permit within the City of Arcadia, California. Arm- strong & Walker has worked with City Development Services Department staff to establish a thorough, efficient, and fair process to review plans and support documents, observe site condi- tions, return comments, coordinate with City planners and other staff, communicate with applicants and their design consultants when necessary, resolve design conflicts, and ultimately recommend approval of plans for the issuance of building permits. In addition to conformance to the City's Water Efficient Landscaping Ordinance, assistance in supporting the City's Tree Preservation Ordinance is provided, as well as coordination with the Public Works Department on requirements for new street trees. Varying from small sites such as single-family homes, service stations, com- ii-iercial businesses, and a senior housing complex, to a major addition to the Westfield Santa Anita. mall, thorough peer review of landscape plans submitted helps assure that new landscapes meet City standards, will be attractive, safe, and sustainable, and add to the City's landscape character. Armstrong & Walker has completed over 300 plan. checks for the City of Arcadia. Plan Review for the City of Bradbury, California — Armstrong & Walker is currently under contract with the City of Bradbury, California to review landscape plans for all proposed projects in the City, from conceptual review through construction documents, as well. as attending pre - construction meetings, monitoring preservation of existing trees, and confirming that landscape has been installed per the approved plans. If requested, Armstrong & Walker attends Planning Com- mission meetings to provide information and opinions on projects under consideration, Sites are generally single-family residential, with lot sizes range from one to twenty acres, and homes varying from 3,000 to 30,000 square feet. Plans are reviewed for conformance to the City's design standards, Oak Tree Preservation Ordinance, and Water Efficient Landscape Ordinance. Armstrong & Walker works in coordination with the City Engineer, Building Official, and Head Planner on construction phase monitoring to uphold these standards and ordinances, and must sign off on landscape installation before a Certificate of Occupancy will be issued. Approximately 70 projects have been reviewed since 201.4. City of Duarte Plan Check Services — Armstrong & Walker has assisted the City of Duarte Planning Department with landscape design review and plan checking since 2019, providing as - needed services on an on -call basis. Several projects on the City of Hope campus have been reviewed for conformance to the City's Specific Plan, City of Hope Master Plan, and tree protec- tion requirements, from initial construction documents through the installation phase. In addition, a number of multi -family residential and commercial projects, both new and rehabilitated, have been reviewed for conformance to City ordinances and guidelines/ direction from the Planning Depart- ment or other appropriate City staff, and reports filed with City planners. 011 of Baldwin Park Landscape Architectural Services/ Projects -- Since 201.5, Armstrong & Walker has completed the design. and construction for the landscape component of a number of projects in the City of Baldwin Park, including; e San Gabriel River Bike Path Greening project • Big Dalton Bike Path and Francisquito Pocket Park • Ramona CNG Station/ mini park Beautification of various landscaped median islands throughout the City • Pacific Avenue & Maine Avenue streetscape improvements ® Zocalo Civic Plaza Ramona Court Improvements, Cesar Chavez Foundation o Torch St. & Marlinda Ave. low income housing, Habitat for Humanity ffia ........... I #A TO HOURLY BILLING RATES The following hourly billing rates are in effect for Armstrong & Walker: Principal Landscape Architect: $150.00 per hour Landscape Architect/ Project Manager: $80.00 per hour Clerical: $60.00 per hour Plan check services will be billed on an hourly basis at the rates listed above, and invoiced per pro- ject plan check. Mileage for site visits or meetings, if needed, will be billed at the rate of $.55 per mile; reimbursable expenses such as CAD plotting, digital scanning, photocopying, and photo printing will be billed at direct cost without additional administrative charges. ITEM NO. 7 SUBJECT: Honorable Mayor and Members of the City Council Manuel Carrillo Jr., Director of Recreation & Community Services October 18, 2023 Approval of a Professional Service Agreement for Communications and Social Media Services with Tripepi Smith & Associates, Inc. SUMMARY The purpose of this staff report is for the City Council to consider approval of a Professional Service Agreement (PSA) for Communications and Social Media Services with Tripepi Smith & Associates, Inc. RECOMMENDATION It is recommended that the City Council to: 1) Approve Professional Service Agreement for Communications and Social Media Services with Tripepi Smith & Associates, Inc.; and 2) Authorize the Mayor to Execute the Agreement; and 3) Authorize the Director of Recreation & Community Services to execute any associated documents needed for the Agreement; and 4) Authorize the Director of Finance Director to make necessary budget adjustment. FISCAL IMPACT There is no fiscal impact to the General Fund. The adopted Budget for FY23-24 has an appropriation of $39,000 in account 230-10-110-51100-11402. The negotiated agreement is determined by an hourly rate and per project. There is no monthly retainer at this time. The total annual cost for this agreement is not to exceed $39,000. The 2nd year's cost will be included during the FY2024-25 budget process. Description Total Fiscal Year 2023-2024 (1 st Year) $39,000 Fiscal Year 2024-2025 (2" d Year) $39,000 Total $78,000 BACKGROUND At their July 7, 2021 City Council Meeting, Staff presented the list of firms received in response to the Request for Proposals (RFP) for City Council to select a firm. At a subsequent City Council Meeting, the City Council directed Staff with City Council consensus to negotiate an agreement with Tripepi Smith& Associates, Inc. to be presented at a subsequent meeting. At their November 2, 2022, City Council Meeting, City Council approved a renewal of one (1) year Agreement through November 2, 2023. Page 1 / 2 Tripepi Smith & Associates, Inc. is a team of communications experts, robust enough to offer experienced and effective professionals in public affairs, marketing, technology, and creative services: communication, web, social media, photography, video, and design. The firm offers a spectrum of skills that allows to match the appropriate resource based on the need of services. Tripepi Smith & Associates, Inc. is a force multiplier for the communication operations of cities across California and is actively working with dozens of cities and public agencies. Based on media outreach records as well as through a search on Meltwater (an AI -powered tool for media and social media monitoring) shows the City's media mentions were up 30% compared to the 12 months ago, which can be attributed to their efforts. The City's top sources are the San Gabriel Valley Tribune and its sister publications (Whittier Daily News and Pasadena Star -News), Baldwin Park News Online and San Gabriel Valley Examiner. The City also received notable coverage in the blog, TV, radio outlets: Baldwin Park News Online, KABC, KTLA and KFI. The firm is responsive and meets City's deadlines. The Agreement includes updated fees in accordance with their last Agreement which terminates on November 2, 2023. The City has negotiated a scope of work with a pick menu based on the project needs. The consultant agrees to perform certain services necessary for completion of the project, which include strategic development, social media management, press releases, web hosting and support, contract generation, graphics videos and any other marketing or public affairs tasks assigned by the City. Over the last two (2) years the City has committed to an annual agreement, thus the hourly rates increase every year as well as the Consumer Price Index (CPI). The proposed two (2) year Agreement will maintain the same hourly rated with an annual CPI 5% increase or the national BLS Consumer Price Index whichever is higher, thus resulting in savings to the City. The Agreement includes a ten (10) day termination notice at any time and without cause. ALTERNATIVES City Council may choose not to approve the Professional Service Agreement. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Professional Service Agreement Page 2 / 2 CITY OF BALDWIN PARK PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this 3rd day of November 2023, by and between the City of Baldwin Park, a California municipal corporation, organized under the laws of the State of California, with its principal place of business at 14403 E. Pacific Avenue California 91706 ("City") and TRIPEPI SMITH AND ASSOCIATES, INC., a Marketing, Technology and Public Affairs; S CORPORATION (California), with its principal place of business at PO Box 52152, Irvine, CA 92649 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain Communications services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional communications and social media consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such communications and social media consulting services for the communications and social media consulting project ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional communications and social media consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from November 3, 2023, to November 2, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The 65318.00352\32296842.2 -1- Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "A" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Ryder Todd Smith, Co -Founder & President. 3.2.5 City's Representative. The City hereby designates Manuel Carillo Jr., Director of Recreation and Community Services, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates [Saarah 65318.00352\32296842.2 -2- Lampwalla, Senior Analyst, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibit "A" attached hereto, or which may be separately agreed upon in writing by the City and Consultant ("Performance Milestones"). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 65318.00352\32296842.2 -3- 3.2.10.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant's compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections. 3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub - subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub -subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Employment Eligibility: Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub - subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.5 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which 65318.00352\32296842.2 -4- definition is considered by SCAQMD and CARB to include any item of equipment with a fuel - powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its sub -consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Insurance. 3.2.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause. 3.2.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross -liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. 65318.00352\32296842.2 -5- (C) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant's profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims -made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement. Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies: (E) Commercial General Liability (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (F) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (G) Professional Liability (Errors & Omissions): 1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must "pay on behalf of the insured and include a provision establishing the insurer's duty to defend. (H) Workers' Compensation: (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers. 65318.00352\32296842.2 M 3.2.11.3 Primary and Non -Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. 3.2.11.4 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants. 3.2.11.5 Deductibles and Self -Insured Retentions. Any deductible or self - insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self -insured retention. 3.2.11.6 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. 3.2.11.7 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. 3.2.11.8 Enforcement of Agreement Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder. 3.2.11.9 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. 65318.00352\32296842.2 -7- 3.2.11.10 Additional Insurance Provisions (A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. (E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. (F) Consultant shall report to the City, in addition to Consultant's insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement. 3.2.11.11 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant's subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant's compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City. 3.2.12 Water Quality Management and Compliance. 65318.00352\32296842.2 -8- 3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom. 3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. 3.2.12.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services. 3.2.12.4 Liability for Non-compliance. (A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant's failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant's failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy. 65318.00352\32296842.2 -9- 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed annually Thirty-nine thousand and zero cents ($39,000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "A" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "A" may be adjusted each year at the time of renewal as set forth in Exhibit "A." Consultant will increase its hourly rates by five percent (5%) or the national BLS Consumer Price Index — whichever is higher each year on the anniversary of the Agreement, starting on the first anniversary of the Agreement. City will not be subject to negotiating new rates each year of this agreement. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code 65318.00352\32296842.2 -10- within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 65318.00352\32296842.2 -11- 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Tripepi Smith and Associates, Inc. PO Box 52152 Irvine, CA 92619 ATTN: Ryder Todd Smith Co -Founder & President City: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 ATTN: Manuel Carrillo Jr. Director of Recreation & Community Services Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of 65318.00352\32296842.2 -12- the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 65318.00352\32296842.2 -13- 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non -appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.5 [Reserved] 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. 3.6.6.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. 3.6.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.6.8 Governing Law; Government Code Claim Compliance. This Agreement 65318.00352\32296842.2 -14- shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seg. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assiqns. This Agreement shall be binding on the successors and assigns of the parties. 3.6.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third -Party Beneficiaries. There are no intended third -party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions 65318.00352\32296842.2 -15- shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.7 Subcontracting. 3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [SIGNATURES ON NEXT PAGE] 65318.00352\32296842.2 -16- SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF BALDWIN PARK AND TRIPEPI SMITH AND ASSOCIATES, INC. CITY OF BALDWIN PARK 0 Attest. M- Emmanuel J. Estrada Mayor Christopher Saenz, City Clerk Approved as to Form: Marco A. Martinez Best Best & Krieger LLP City Attorney 65318.00352\32296842.2 -17- TRIPEPI SMITH AND ASSOCIATES, INC. Ryder Todd Smith Co -Founder and President EXHIBIT "A" SCOPE OF SERVICES See Attached RFS (BB&K Aug 2018) Exhibit "A"-1 65318.00352\32296842.2 EXHIBIT "B" SCHEDULE OF SERVICES See Attached RFS (BB&K Aug 2018) Exhibit "B"-1 65318.00352\32296842.2 EXHIBIT "C" COMPENSATION See Attached RFS (BB&K Aug 2018) Exhibit "C"-1 65318.00352\32296842.2 TRIPEPI SMITH 4 COVER LETTER Thank you for this opportunity to present Tripepi Smith's offerings in response to the City of Baldwin Park's request for extended communication services. Our professional, highly trained team is well -positioned to help the City continue to execute on its communications needs. This proposal offers the City two models for continuing our work of broadly delivering communications for the Baldwin Park community. Over the past two years, we've been honored to support the City in advancing its communication through significant media outreach and relations support services. Additionally, we've been entrusted with assisting staff with specialty projects, from writing speeches for the City's 2023 State of the City to advising on strategy for an array of communication issues and priorities. Our team at Tripepi Smith is grateful for the opportunity to continue our work for the City of Baldwin Park. Now a team of 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, for example). The result: we have an ability to tell a complete story across mediums, all within our one team. Moreover, we gain insights from the breadth of our work with 180+ cities, sharing that knowledge with Baldwin Park. The City will continue to need only one communications partner. 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 below on behalf of the firm. This proposal is valid for sixty (60) days from the date of submission. Regards, Ryder Todd Smith Co -Founder & President ryder@tripepismith.com (626) 536-2173 Tripepi Smith » www.tripepismith.com Founded: 2000 / California S Corporation: 2002 PO Box 52152, Irvine CA 92619 TRIPEPI SMITH9 PROPOSED SCOPE OF WORK/COST PROPOSAL After two successful years of partnership, Tripepi Smith is honored to continue working with the City of Baldwin Park. We offer the City the continuation of a Time & Materials (T&M) model that allows the City to continue "ramping up" or "ramping down" efforts according to budget and priority. While press release writing/distribution and translation services are the most relevant to the City's current engagement, we are also presenting another communication service as an option the City might consider should budget and need allow during our engagement. Please note, this is not inclusive of the variety of Tripepi Smith's public outreach services. Generally, the City is welcome to come to lead account manager, Senior Business Analyst Saara Lampwalla, with any requests, at which time she'll provide the City with a defined scope of work and cost proposal before executing upon any work. 1. Press Release Writing/Distribution (Approx. 50 each) Tripepi Smith will develop press releases and news articles based on relevant topics raised by the City. These stories will amplify good news from around the City such as grants, milestones of development projects and more. Additionally, they continue serve as critical tools in advancing public education and government transparency. Articles will be between 300 and 500 words and will be derived from information and leads provided by City Staff. Each story will be translated in Spanish. Lastly, the Tripepi Smith team will translate and distribute all stories to a roster of local and regional journalists we've formed relationships with over the years. 2. Local/Regional Media Monitoring ($495 to $1,465 per oath) Tripepi Smith will leverage its media intelligence tool (Meltwater) to create a robust search for all relevant mentions of the City on local/regional media websites, blogs, broadcast media (television), etc. We can deliver daily email digests of media hits and weekly summary reports. A six (6)-month commitment period is required for this service. Should Baldwin Park continue a T&M engagement, Tripepi Smith will execute work using our 2023-24 Hourly Rates, shown below, within the City's annual budget. TRIPEPI SMITH 2023-24 Hourly Rates Fee Schedule wo For T&M engagements, time at Tripepi Smith is billed in 15-minute increments — i.e., we invoice our time in the following examples: 1.25, 0.75, 4.0 or 6.5 hours. We will invoice for time at the end of each month in which work was performed. All payment terms are Net 30 days. TRIPEPI SMITH Other Costs Annual Increase Tripepi Smith will increase the hourly rates and retainer fees for all resources by five percent (5%) or the national BLS Consumer Price Index — 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. Agreement Period Discount The City has historically engaged Tripepi Smith on a single -year basis. Should the City sign on for a multi -year agreement, Tripepi Smith will limit the City's annual increase to five percent (5%) or the national BLS Consumer Price Index — whichever is higher — each year on the anniversary of the contract. The City will not be subject to negotiating new rates each year of the agreement, but instead upon expiration of the agreement. Tripepi Smith recommends a two-year period for a new agreement. Retainer Discount Clients with a retainer of at least $6,750 per month have access to the discounted "Retainer Rates" for Time & Materials ad hoc work. Travel Costs When Tripepi Smith is requested to be onsite, we will invoice for travel time at half rate of the resource's Standard Hourly Rate. Equipment Costs Tripepi Smith offers some services that require equipment, such as drone operations and video production. As such, in those cases, the following rates apply: Drone EquipmentN/A MEVO Equipment N/A 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. All such expenses will be authorized by the City prior to fee being assessed. Five -hundred dollars ($500) per day drone fee applies and is not inclusive of the drone operator time (Drone Operator rate). Four -hundred dollars ($400) per day MEVO fee applies and is not inclusive of operator time (Videographer rate). If City requires additional equipment outside of what Tripepi Smith owns, Tripepi Smith can provide a rental cost estimate for added equipment. Service Fees TRIPEPI SMITH Typically, Tripepi Smith prefers to have service providers bill the client directly to avoid additional administrative costs and because we have no economic interest in the service provider selection. 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. Typical services include, but are not limited to: Print Costs: Tripepi Smith is happy to use a printer of the client's choosing for print production work, or to recommend a printer with whom we have experience. Digital Advertising: 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. Media Placement: Tripepi Smith can help liaise on behalf of the City for advertising space within various mediums, such as newspapers, magazine or websites. 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 Partnership Discounts Tripepi Smith has financial interest in certain related entities. These partnerships allow Tripepi Smith to offer clients extra media reach or additional services at partner pricing. Partnerships include: PublicCEO — digital news about public affairs, reaching over 16,000 California government executives Civic Business Journal — digital interest stories about the people in local government FlashVote — planning, implementing, measuring civic surveys ITEM NO. 8 STAFF REPORT TO: Honorable Mayor and Members of the City Council HI�B of rH FROM: Ron Garcia, Director of Community Development s;GAg'E` Julia Sylva, Cannabis Special Counsel DATE: October 18, 2023 SUBJECT: Adoption of Resolution No. 2023-034 to approve Commercial Cannabis Agreement No. 23-02 to permit a Commercial Cannabis Cultivation Facility and auxiliary use of self -distribution within the I-C, Industrial Commercial Zone (Location: 5157 Azusa Canyon Road (APN: 8413-001-030); Applicant: Mission Creek Ventures, LLC,; Case Number: CCA 23-02 for CAN 22- 01). SUMMARY In September 2022, the City received an application from Mission Creek Ventures ("Applicant"), requesting a permit to operate a commercial cannabis cultivation facility and auxiliary self -distribution at 5157 Azusa Canyon Road, Baldwin Park, CA; APN 8413-001-030 (Site). After review of the application, Staff recommends that the City Council consider and approve proposed CCA No. 23-02 between the City of Baldwin Park and Applicant (Mission Creek Ventures), to permit a commercial cannabis cultivation facility at the Site, which is located within the I-C, Industrial Commercial Zone. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 2023-034 approving Commercial Cannabis Agreement No. 23-02, subject to any non -substantive changes made by the CEO and Special Counsel. FISCAL IMPACT The CCA has a financial component which provides a positive fiscal impact to the City. DISCUSSION Staff has reviewed the Application to ensure compliance with the requirements set forth in the City's Commercial Cannabis Ordinance (Chapter 127 of the BPMC). The Applicant is a new company; this project will be its initial commercial cannabis cultivation venture in the State of California. Currently, this Applicant is seeking reinstatement for federal recognition as an American Indian Tribe known as the "Takhtams Mission Creek Village of Indians." The Site is within the required zone district and is at a distance greater than 600 feet from a school, childcare facility, youth center or park ("Sensitive Use Areas"). The Site is within the required zone district and is at a distance greater than 600 feet from a school, childcare facility, youth center or park and is a distance greater than 25 feet from a dwelling unit within a residential zone. Page 1 / 2 The Applicant proposes the following California State License Types: -Cultivation: Type 1A Specialty Indoor -Self Distribution: Type 13: transport -only distributor can only transport the goods applicant produces on site, The Applicant proposes to cultivate and self -distribute commercial cannabis products in compliance with applicable laws. The Site is located within an existing Industrial Commercial Office Park. The tenant space is approximately 5,000 square feet in area and located along Azusa Canyon Road. Therefore, complying with the maximum 22,000 square feet allowed for commercial cannabis use. The interior of the existing building will undergo limited tenant improvements necessary for the commercial cannabis cultivation and self -distribution facility proposed on the Site. The Applicant has represented that it will use approximately 4,000 square feet of the building for actual commercial cannabis cultivation and 1,000 square feet for auxiliary self -distribution use ("Premises" as defined by the State of California and the Department of Cannabis Control) which excludes common areas (exits, entrances, hallways, etc.). The community benefit fee proposed in the Commercial Cannabis Agreement between City and Applicant ("CCA") is based upon the Premises, as defined, for this Applicant, and all other applicants in the City. As regulated by the BPMC, no exterior signage will be permitted and no public visitation will occur as the business will not be open to the public. Upon submittal of the Application, the Applicant paid the one-time Administrative Fee of $15,000 for the processing of the Application. The Applicant and City, and their respective counsel, negotiated a CCA, wherein, among other things, the Applicant has agreed to pay the City $175,000, as the Annual Public Benefit Fee commencing six (6) months after issuance of the Certificate of Occupancy (COO). The Annual Public Benefit Fee is subject to reassessment after five (5) years, provided the CCA is renewed as set forth therein. CEQA REVIEW In accordance with the provisions of the California Environmental Quality Act (CEQA), the City has determined that the proposed CCA No. 23-02, will not have a significant impact of the environment and is categorically exempt pursuant to the California Code of Regulations, Article 19, Section 15301, Class 1, `existing facilities.' Furthermore, the proposed facility is within an existing industrial commercial building, which is in conformity with the City Planning and Land Use requirements, as set forth in the BPMC. LEGAL REVIEW This report has been reviewed and approved by the Special Counsel, Commercial Cannabis Activity, as to legal form and content. ATTACHMENTS 1. Resolution No. 2023-034 2. Exhibit "A", Commercial Cannabis Agreement, CCA 23-02 3. Vicinity Map Page 2 / 2 Resolution 2023-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK TO APPROVE COMMERCIAL CANNABIS AGREEMENT 23-02 TO PERMIT A COMMERCIAL CANNABIS CULTIVATION AND AUXILIARY SELF -DISTRIBUTION FACILITY WITHIN THE "IC," INDUSTRIAL COMMERCIAL ZONE (LOCATION: 5157 AZUSA CANYON ROAD; APN: 8413-001-030); APPLICANT: MISSION CREEK VENTURES, LLC., CASE NUMBER: CCA 23-02 FOR CAN 22-01). WHEREAS, Mission Creek Ventures LLC, a California limited a liability company, ("Applicant"), submitted a Cannabis Permit Application on September 7, 2022 ("Application"), to the City of Baldwin Park ("City") for a request to establish a commercial cannabis cultivation and auxiliary self -distribution facility within the Industrial Commercial (IC) zone, pursuant to Chapter 127 of the City of Baldwin Park Municipal Code ("BPMC"), the property is located at 5157 Azusa Canyon Road, Baldwin Park, CA ("Site"); and WHEREAS, Section 127.06 of the BPMC requires the Applicant to enter into a CCA with the City prior to operating in the City and as a condition for issuance of a business license and certificate of occupancy to operate a commercial cannabis cultivation and auxiliary self -distribution facility (collectively, "Permit"); and WHEREAS, a commercial cannabis agreement (CCA), attached as Exhibit A, was negotiated by and between the City and Applicant, and their respective counsel, which terms and conditions were mutually agreed upon; and WHEREAS, the purpose and intent of the CCA is to set forth the terms and conditions under which the Applicant will operate a commercial cannabis cultivation and auxiliary self -distribution facility, which include, but are not limited to, payment of community benefit fees, and other fees as mutually agreed upon, automatic termination for non-payment of fees, approval of architectural plans (including site plan, floor plan and elevations) to conform with the requirements of the BPMC, and other terms and conditions that will protect and promote the public health, safety, and welfare of all persons in the City, as authorized in Chapter 127 of the BPMC; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City has determined that the proposed commercial cannabis cultivation and auxiliary self - distribution facility will not have a significant impact on the environment and is Categorically Exempt from CEQA pursuant to Article 19, Section 15301, Class 1, "Existing Facilities." NOW, THEREFORE, IT BE RESOLVED AS FOLLOWS: SECTION 1. The proposed use is a commercial cannabis cultivation and auxiliary self -distribution facility (collectively, "Project"). The proposed Project site is: 5157 Azusa Canyon Road; APN: 8413-001-030, which is located in the Industrial Commercial (IC) Zone pursuant to the terms defined in Chapter 127 of the BPMC. The establishment of the Project is consistent with the purpose and intent of the BPMC, the Industrial Zone and the General Plan land use designation. CCA 23-02 October 18, 2023 Page 2 SECTION 2. The City Council does hereby adopt the Findings of Fact applicable to all Commercial Cannabis Permittees: 1) The CCA is consistent with the General Plan objectives, policies, land uses and implementation programs and any other adopted plans or policies applicable to the agreement. Because the location of the Project is located within the IC, Industrial Commercial Zone, it is anticipated that the use of the property is consistent with the other light industrial uses within the area. The approval of the Project is also consistent with Goal 1.0 of the City's Economic Development Element in the General Plan in that the City encourages and facilitates activities that expand the City's revenue base. Furthermore, Goal 6.0 of the same element encourages the expansion of the City's diverse industrial base. Policy 6.5 of Goal 6.0 encourages an on -going campaign with local businesses to hire local residents. 2) The CCA is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. Pursuant to Ordinance 1401, adopted by the City Council on August 16, 2017, effective on September 16, 2017 (and as subsequently amended by Ordinance 1501 allowing commercial cannabis retail) commercial cannabis activity is allowed within the City provided all of the development standards in Chapter 127 of the City's Municipal Code are met. 3) The CCA is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the City as a whole. The CCA is in conformance with the general area and City as a whole as it is located within the IC, Industrial Commercial Zone surrounded by lighter industrial uses. The use exceeds the distance requirement of fifty (50) feet between commercial cannabis activity and the closest residential zone; furthermore, pursuant to Section 127.07.E.1 of the BPMC, the commercial cannabis activity is not near any sensitive uses such as schools, day care centers, parks or youth centers. A comprehensive security plan was provided which addresses security of the Project from all angles, thereby reducing the potential for any negative impacts from the facility on the neighborhood and the city. The CCA i been negotiated between Applicant and the City, and respectivetheir counsel; Applicant i agreed it there is #: inequality bargaining power and the ; is not ambiguous. `. Applicant r/ capacity o read and understand the CCA and has read and understands the terms and conditionstherein. a Applicantacknowledges i ` CCA is valid and fully CCA 23-02 October 18, 2023 Page 3 SECTION 3. Staff recommends that the City Council approve the proposed CCA for the proposed commercial cannabis cultivation facility and auxiliary self - distribution, pursuant to the Findings of Fact for CCA 23-02 identified in Section 2 of this Resolution; and SECTION 4. The City Clerk shall certify to the adoption of this Resolution. PASSED AND APPROVED this 18t" day of October 2023. EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I, Christopher Saenz City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2023-034 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the 18th day of October, 2023 by the following vote: AYES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Christopher Saenz CITY CLERK COMMERCIAL CANNABIS AGREEMENT by and between CITY OF BALDWIN PARK and MISSION CREEK VENTURES, LLC, a California limited liability company Relating to Commercial Cannabis Activity — Cultivation and Self -Distribution COMMERCIAL CANNABIS AGREEMENT ARTICLE1' PARTIES AND DATE' This Commercial Cannabis Agreement dated October_1 2023 is Case No. . This Agreement is entered into between (i) the CITY OF BALDVV|N PARK. a California municipal corporation /^C|TY\. and Ui\ K4|SS|(]N CREEK VENTURES, LLC. a California limited liability company ("LICENSEE") ("AGREEMENT"). This AGREEMENT ahuU become effective on the Effective Date defined in Section 3.1.17 below. ARTICLE 2' RECITALS. \8/HERE/\G, on orabout August 21. 2023. the LICENSEE submitted an application to conduct commercial cannabis activity inthe CITY; namely cultivation and S8lf-diStribUtiOn. VVHERE/\8. the LICENSEE aeuha to conduct uurnnnuroio| cannabis activity in the CITY pursuant tOthe Baldwin Park Municipal Code Chapter 127/"BP&1C"\and all applicable state laws, rU|eS. and regulations; specifically cultivation (adult -use -small -indoor) and self -distribution; VVHERE/\8. the CITY and LICENSEE seek to enter into a Cononneruio| Cannabis Agreement for the LICENSEE to conduct commercial cannabis activity in the CITY; WHEREAS, LICENSEE has demonstrated to the CITY that it has legal and/or equitable interest in the subject neo| property for the continued operation of commercial cannabis activity in the CITY; , VVHERE/\8. LICENSEE voluntarily unbana into this AGREEMENT and after extensive negotiations and proceedings have been taken in accordance with the rules and regulations of the C|TY. LICENSEE has elected to execute this AGREEMENT as it provides LICENSEE with important economic and development benefits; WHEREAS, this AGREEMENT and the Project, GSdefin8dhenBin.8r8COn8iGt8ntvviththe C|TY'SGene[8| H8O and Zoning Code and applicable provisions Ofthe C|TY'Sapplicable Zoning Map and the Baldwin Park Municipal Code 8SOfthe AGREEMENT; VV||ERE/\8. this AGREEMENT ShG|| be subject to City {|0unCi| @ppnOv8| pursuant to 2 duly DOUC8d agenda; WHEREAS, all actions taken, and approvals given bythe CITY have been duly taken 0r approved in accordance with all applicable legal requirements for notice, public hearings, findings, VOt8S' and other procedural 0@t|SnS; VV||EF(E/\8 this AGREEMENT will eliminate uncertainty in planning and provide for the orderly development ofthe Project and/or Property, ensure progressive installation of necessary i0pnOVerO8OtS, and provide for public services appropriate to the development of the Project; VV||EREA8. in an effort to implement state policy to promote private participation in CODlpPeheOSiVe p|8DDiOg and to StPeDQLh8n the public p|GDOiOg process and to nedUC8 the eCODOOOiC risk of development, the CITY deems the 8pprOV8| of this AGREEMENT to be in the public interest and intends that the approval ofthis AGREEMENT beconsidered onexercise nf CCA.Mission Creek V*nmnm.LLC Page 2 of 37 the CITY's police powers to regulate the development of the Property, as defined herein, during the Term of this AGREEMENT; WHEREAS this AGREEMENT is consistent with the public health, safety and welfare needs of the residents of the CITY and the surrounding region and the CITY has specifically considered and approved the impact and benefits of the development of the Property, as defined herein, in accordance with this AGREEMENT upon the general welfare of the region; WHEREAS, concurrently with execution of this AGREEMENT, CITY acknowledges that LICENSEE has been authorized to conduct commercial cannabis activity at its facility up to 5,000 square feet; WHEREAS, LICENSEE's location will be 5157 Azusa Canyon Road, Baldwin Park, CA 91706, as more fully described in Attachment No. 1, herein; and WHEREAS, this AGREEMENT has been freely negotiated between the LICENSEE and the CITY. The LICENSEE and the CITY agree that there is no inequality in bargaining power and that the AGREEMENT is not ambiguous. The LICENSEE has the capacity to read and understand this AGREEMENT and has read and understands the terms and conditions herein. The LICENSEE and the CITY acknowledge that this AGREEMENT is valid and fully enforceable according to its terms. WHEREAS, all acts, conditions and things required by law to exist, to have happened and to have been performed precedent to and in connection with the execution and entering into this AGREEMENT do exist, have happened and have been performed in due time, form and manner as required by law, and the parties hereto are duly authorized to execute and enter into this AGREEMENT. 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 "Agreement" means this Commercial Cannabis Agreement. 3.2 "Application" means the CITY's Commercial Cannabis Permit Application submitted by LICENSEE in furtherance of this AGREEMENT, upon which the CITY has relied upon in executing same, a copy of which is attached hereto as Attachment No. 3. 3.3 "BPMC" means Baldwin Park Municipal Code. 3.4 "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. 3.5 "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 CCA.Mission Creek Ventures, LLC Page 3 of 37 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 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. 3.6 "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. 3.7 "Certificate of Occupancy" (COO) means a document issued by the CITY stating that the Property is suitable for use and occupancy for Commercial Cannabis Activity, as defined herein, by the LICENSEE, that it is considered compliant with the building code and safety standards imposed by the CITY, and that the State has issued a commercial cannabis license t* the LICENSEE to operate on the Property. 3.8 "CITY' means the CITY of Baldwin Park, a California municipal corporation. 3.9 "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, 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. 3.10 "Commercial Cannabis Business License" or "License" means a regulatory license issued by the CITY pursuant to Chapter 127, et al., of the BPMC to a commercial cannabis business and is required before any Commercial Cannabis Activity may be conducted in the CITY and has the same meaning as that term is defined by the California Business and Professions Code§ 26001(k). 3.11 "Community Benefits" has the meaning set forth in Article 5, of this AGREEMENT. 3.12 "Community Benefit Fees" means any and all fees or monetary contributions required to be paid by Licensee, or which Licensee has committed to pay, pursuant to Article 5 of this AGREEMENT. 3.13 "Days" mean calendar days unless otherwise specified. 3.14 "Dedicate" means to offer the subject land for dedication and to post sufficient bonds or other security, if necessary, for the improvements to be constructed including, but not limited to: grading, the construction of infrastructure and public facilities related to the Project whether located within or outside the Property, the construction of buildings and structures, and the installation of landscaping. CCA.Mission Creek Ventures, LLC Page 4 of 37 3.15 "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. 3.16 "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 3.29 and all other approvals which are a matter of public record prior to or on the Effective Date. 3.17 "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. 3.18 "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. The Property Owner shall execute a separate Property Maintenance Agreement confirming it understands it obligations to lease to a commercial cannabis operator in the CITY. 3.19 "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. 3.20 "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. 3.21 "Licensee's Application" means the application form for a Commercial Cannabis Business License submitted by LICENSEE to the CITY, a copy of which is attached as Attachment No. 3. 3.22 Major Amendment" means an amendment that shall have material effect on the terms of this AGREEMENT, which shall require approval by the City Council pursuant to California law. 3.23. "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. 3.24 "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. 3.25. "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. CCA.Mission Creek Ventures, LLC Page 5 of 37 3.26 "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. 3.27 "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. 3.28 "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. 3.29 "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. 3.30 "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. 3.31 "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. 3.32 "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 subject to approval by the City Council of the CITY approval and all applicable zoning and distance requirements. 3.33 "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. 3.34 "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, herein. 3.35 "Space or Canopy Space" means any space or ground, floor or other surface area (whether horizontal or vertical) which is used during the marijuana germination, seedling, vegetative, pre -flowering, flowering, curing and/or harvesting phases, including without limitation any space used for activities such as growing, planting, seeding, germinating, lighting, warming, CCA.Mission Creek Ventures, LLC Page 6 of 37 cooling, aerating, fertilizing, watering, irrigating, topping, pinching, cropping, curing or drying marijuana or any such space used for storing any cannabis, no matter where such storage may take place or such storage space may be located. 3.36 "State" means, collectively, the State of California and the Department of Cannabis Control of the State. 3.37 "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. 3.38 "Subsequent Land Use Regulations" if applicable, means any Land Use Regulations defined in Section 3.19, herein, that are adopted and effective after the Effective Date of this AGREEMENT. 3.39 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. 3.40 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 Landlord Consent. Owner shall execute the Property Owner Agreement with the CITY. 3.41 Term. The parties agree that the Term of this AGREEMENT shall be five (5) years commencing on the Effective Date 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 5t" year and will require the LICENSEE to reapply with the CITY for a new LICENSE pursuant to the renewal provisions set forth below: 3.41.1 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. 3.41.2. 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 CCA.Mission Creek Ventures, LLC Page 7 of 37 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. 3.41.3. 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. 3.42 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. 3.43 Automatic Termination. This AGREEMENT shall automatically terminate upon the happening of any of the following material events: (a) Abandonment and/or Surrender by LICENSEE of State and/or CITY License that abandons and/or surrenders the License to operate commercial cannabis activity in the CITY. (b) Expiration of the Term of this AGREEMENT as set forth in Section 3.41, herein, unless renewed by the CITY, as set forth in Section 3.41.1, above. (c) 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. (d) Failure of LICENSEE to timely pay any fees or monies due to the CITY including, but not limited to, failure to timely pay the Annual Community Benefit Fee as set forth in Section 5.3, herein and failure to pay the Administrative Fee as set forth in Section 5.7, herein. If fees are not paid on a timely basis, the CITY may, in its sole and absolute discretion, terminate this AGREEMENT without any need for a public hearing and without any opportunity to be heard by anyone. There is no opportunity to cure and no opportunity to be heard available for failure to pay fees as set forth herein. Accordingly, Section 7.3 (Review Hearing) and Section 8.1.5 (Cure Period) do not apply to LICENSEE for failure to pay fees as set forth herein, because LICENSEE agrees herein that CITY may, in its sole and absolute discretion, terminate immediately and automatically, without due process. (e) Failure to move forward in a timely way and in good faith to obtain all necessary permits and approvals and to timely get a Certificate of Occupancy (COO) and begin operating your commercial cannabis activity in the CITY. In no event shall the COO take longer than one (1) year to acquire from the date the Mayor signs this AGREEMENT. If the COO is not acquired by LICENSEE within the one (1) as described in this section, this AGREEMENT may, in its sole and absolute discretion, automatically and immediately terminated with no further notice. Accordingly, Section 7.3 (Review Hearing) and Section 8.1.5 (Cure Period) do not apply to a failure to timely pursue and obtain all necessary permits and approvals in order to get a COO because the City may, in its sole and absolute discretion, terminate immediately and automatically for such failures. CCA.Mission Creek Ventures, LLC Page 8 of 37 (f) Regulatory and/or Bureaucratic Delays will not trigger the automatic termination in this Section 3.43. 3.44 Effect of Automatic Termination. The Automatic Termination of this AGREEMENT (as set forth in section 3.43, above) shall constitute termination of all land use entitlements and permits approved for the LICENSEE and/or the Property. The CITY may, in its sole and absolute discretion, "red tag" the subject premises and LICENSEE shall be prohibited from conducting any further commercial cannabis activity in the CITY on the subject premises. 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. 3.45. CITY shall immediately notify the State of California, Department of Commercial Cannabis Control (DCC), and any other applicable regulatory agency(ies) of any termination of this AGREEMENT. 3.46 Notices. 3.46.1 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. 3.46.2 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 14403 E. Pacific Avenue Baldwin Park, CA 91706 With copy to: Office of the City Attorney 14403 E. Pacific Avenue Baldwin Park, CA 91706 CCA.Mission Creek Ventures, LLC Page 9 of 37 If to LICENSEE: Mission Creek Ventures, LLC 5157 Azusa Canyon Road Baldwin Park, CA 91706 with copy to: Bruce Ishimatsu Counsel, Mission Creek Ventures, LLC Ishimatsu Law Group, P.C. 4712 Admiralty Way, No. 1012 Marina del Rey, CA 90292-6905 3.46.3 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. 3.47 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. 3.48 Fee. Fee means the Community Benefits Fee and the Administrative Fee, set by the CITY, negotiated with LICENSEE, at arms -length, to provide CITY commensurate benefit based on a private benefit conferred upon LICENSEE. Fee shall include CITY's cost to research commercial cannabis and commercial cannabis laws and regulations, draft commercial cannabis ordinance, conduct public meetings, negotiate development agreements, process applications, and any other acts taken by the CITY in furtherance of medical and adult commercial use of cannabis. 3.49 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. 3.50 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 attachments required). No. 4 — Landlord Consent, see separate Property Owner Agreement. No. 5 — Personal Guaranty or Performance Bond, as appropriate. CCA.Mission Creek Ventures, LLC Page 10 of 37 No. 8— Project Plan. No. 7—Three years revenue projections hnmdoteofexeouUonofAGREEyNENT. No. 8 — Community Benefit Plan. No. 9 — California State License Type (Cultivation -adult, small -indoor, and/or Cultivation - adult use, medium -indoor). ARTICLE 4- COMMERCIAL CANNABIS PROJECT' 4.1 Right to Develop. LICENSEE shall, subject tothe terms ofthis AGREEMENT, develop the Property with a commercial cannabis facility in accordance with and to the extent of the Application. The Property shall remain subject toall Subsequent Project Approvals required LO complete the Project as contemplated bythe Application. 4.2 Effect of AGREEMENT on Land Use Regulations. Except oaotherwise provided by this /\{3FlEEK8ENT, the rules, regulations and official policies and conditions of approval governing permitted USeS of the Property, the density and intensity Of use of the Property, the rnaxirnunn height and size of proposed bui|dinAa, and the deaign, inopnuvernent, 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 righta-of-vvoyureasements for public 000eau, uU|iUea, vvater, auvvena, and dnainuAe, having o nexus with the particular subdivision; providud, further, that the CITY may impose and will require normal and customary subdivision improvement agreements and commensurate security to secure performance of L|CEN8EE'e obligations thereunder. 4.3 Changes to Prolect. The parties acknowledgethat changes tothe Project may be appropriate and mutually desirable. The CITY shall act Onsuch applications, ifany, inaccordance with the Existing Land Use R8Au|8UOnG. subject to the Reservations of Authority, Or 8xC8ot as O[h80wiS8 provided by this AGREEMENT. If 8ppnDVHd' any such Ch3O0e in the EXiSUDQ Development Approvals shall beconsidered Gnadditional Existing Project Appn0v@|. 4.4 Reservations of Authority.Any other provision Ofthis AGREEMENT tOthe contrary OOkNithSt@OdiOQ, the Project shall be subject to SUbS8qU8OUy adopted OPdiO@OC8S, neSO|UtiOOS ("Subsequent Land Use Regulations" or sometimes referred to as "Reservation of Authority") on the following topics: /i\ Processing Fees imposed bvthe CITY U]cover the estimated Or GCtUG| COStS to the CITY Of pn3C8SSiO0 3pp|iC@UOOS for the Project or for monitoring COOOp|i8OC8 with any requirements for approval, granted O[issued, which fees are charged tOreimburse the C|TY's lawful expenses attributable to such opp|iCGUons, prooeSsing, permitting, review, and inspection and which are inforce and effect on 8gen8n3| basis @tsuch time 8Ssaid approvals, permits, review, inspection, O[entitlement are granted O[conducted bythe CITY. /ii\ Procedural regulations relating tohearing bodies, petitions, app|ioatiuna, notices, findings, nacorde, heuringa, n*porta, naoommendadona, appeals and any other matter ofprocedure. /iii\ Regulations governing engineering and construction standards and CCA.Mission Creek V*nmnm.LLC specifications including, any and all uniform codes adopted by the State of California and subsequently adopted by the CITY. (iv) Regulations which may be in conflict with the Development Plan, but which are reasonably necessary to protect the public health and safety; provided, however, the following shall apply: (a) That to the extent possible, such regulations shall be applied and construed so as to provide 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. (v) Regulations that do not conflict with the Project. The term "do not 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. (vi) 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 Proiect Approvals Lifespan. The term of any tentative subdivision map shall be in effect for a period of five (5) years and may be extended pursuant to the provisions of the California Subdivision Map Act (Government Code §§ 66410 et seq.), and any AGREEMENT Renewal, as set forth herein. 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; CCA.Mission Creek Ventures, LLC Page 12 of 37 otherwise no tolling period. "Substantial Construction" means the issuance 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 costs 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 records strictly confidential. If the CITY wishes to inspect the areas of the Property where the commercial cannabis is being cultivated, 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 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 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. 4.11 Audit. LICENSEE acknowledges and agrees that the CITY is empowered to audit LICENSEE's books and records, with written notice of seventy-two (72) hours. ARTICLE 5. COMMUNITY BENEFITS. 5.1 Intent. The parties acknowledge and agree that the Project will result in substantial public needs and further acknowledge and agree that this AGREEMENT confers substantial private benefits on LICENSEE, which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the community to balance the private benefits conferred on LICENSEE by providing more fully for the satisfaction of the public needs resulting from the Project. The Parties further acknowledge and agree that the LICENSE confers substantial private benefits on the LICENSEE that will impose burdens on the CITY's infrastructure, maintenance, repair, safety, services, traffic, noise, pollution, etc., and that the private benefits provided to the LICENSEE should be balanced with commensurate public benefits for the community ("Community Benefits"). CCA.Mission Creek Ventures, LLC Page 13 of 37 5.2 Community Benefits. LICENSEE agrees to provide Community Benefits as set forth in the Community Benefits Plan submit by LICENSEE with the Application. All commitments made by LICENSEE in the Application, inclusive of the Community Benefits Plan are incorporated into this AGREEMENT as if fully set forth in this AGREEMENT Attachment 8. The LICENSEE agrees that the Community Benefits Fee, which has been set by the City Council, is deemed fair and reasonable, and that full payment of such fees is required by LICENSEE under this AGREEMENT. 5.3 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 in California Code of Regulations Section 15006. The Annual Community Benefits Fee may be paid in lump sum or in quarterly payments, as agreed upon by the parties. 5.4 Community Benefits Fee Schedule. LICENSEE shall commence payment of the Annual Community Benefits Fee to the CITY six (6) months after issuance of the Certificate of Occupancy from the CITY (COO). 5.5 Non -Payment Penalty. Failure to pay the Annual Community Benefits Fee, in lump sum, or in quarterly installments, as agreed upon, within thirty (30) days after the due date, shall result in a penalty for nonpayment in a sum equal to five percent (5%) of the total amount due and shall be referred to a City -selected independent collection agency, which shall subject LICENSEE to an additional nineteen percent (19%) collection fee. 5.6 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. If this AGREEMENT is renewed, 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, if this AGREEMENT is renewed, the CITY will set new Community Benefits Fee which will be applied in years 11 through 15. No one factor is dispositive in the CITY's determination of reassessment of the Community Benefits Fee. 5.7 Administrative Fee Deposit. The Administrative Fee is a regulatory fee that LICENSEE shall be responsible for to compensate the CITY for all of the CITY's actual costs associated with processing, issuance, and compliance of the Project Approvals 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 deposit of dollars ($ ) with the CITY for the purpose of reimbursing the CITY for all actual costs associated with the Project, as detailed above, and reimbursing the CITY for its actual costs incurred in processing future Project approvals and/or applications, and compliance by the State or the CITY. CITY and LICENSEE acknowledge and agree that this payment is only a deposit and LICENSEE will be requested to deposit additional funds, as needed, in increments of dollars ($ ); this is not a cap on the amount of the CITY's actual costs incurred in processing this AGREEMENT. LICENSEE who has already processed its application is not subject to an additional Administrative Fee Deposit, provided there is no expansion or other alteration to the business that requires staff time. 5.8 Possible Tax on Gross Receipts. In the event that an initiative is adopted by the voters of the CITY to impose a tax based on gross receipts or any other method of taxation, on CCA.Mission Creek Ventures, LLC Page 14 of 37 LICENSEE to conduct commercial cannabis activity in the CITY, LICENSEE shall only be responsible for payment of the Community Benefit Fee or a tax, but not both. 5.9 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. 5.10 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. 5.11 Jobs and Wage Creation. 5.11.1. 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. 5.11.2. Wage Creation. LICENSEE shall make 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 shall be 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 another medium to advertise job announcements to the broadest audience possible. 5.11.3 Status Reports. LICENSEE shall provide the CITY with written annual status reports to monitor compliance with this Section 5.11. Status Report Form to be provided by CITY. 5.12. Personal Guaranty. LICENSEE shall execute a Personal Guaranty in favor of the CITY to secure the paymenbt of all fees and taxes, if any, associated with this AGREEMENT. The initial amount of the Personal Guaranty shall be one -hundred seventy-five thousand dollars ($175,000), renewable annually for the term of this AGREEMENT. 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. 6.3 Agreement with Distributor(s). LICENSEE and any distributors shall reach their own agreement regarding fees for the distributor's services, if applicable. CCA.Mission Creek Ventures, LLC Page 15 of 37 84 LICENSEE may engage in "Self -Distribution" of Cannabis Products that are cultivated on the Property for o period of five (5) years, provided LICENSEE pays 8Dannual fee Often thousand dollars ($10.OUO.0O)tOthe CITY inannual installments Oftwo thousand dO||@nG ($2'000.00}' for five /5\ Ye8[S. or one ten thousand dO||@nG ($10,000.00) |U0p aurn payment. LICENSEE ahu|| also maintain current u distributor transport permit from the State of California and comply with yWAUCRGA. Adistributor transport only self -distribution licensee is not permitted [otransport cannabis goods cultivated byother licensees. ARTICLE 7. REVIEW FOR COMPLIANCE. 7.1 Periodic Review. The CITY Council shall have the option, inits sole and absolute discretion, to direct the Chief Executive Officer to review this AGREEMENT every six (6) months, unurbefore each anniversary ofthe Effective Date, inorder 0oascertain L|CENSEE'agood faith compliance with this AGREEMENT. During the Periodic Review, LICENSEE shall be required to demonstrate good faith C0mp|i8DCe with all the terms and conditions Of the AGREEMENT including good faith towards getting 8Certificate OfOccupancy. 7.2 Special Review. The CITY Council, in its sole and absolute diaoretion, may order 8special review of compliance with this AGREEMENT bythe Chief Executive Officer, atany time, if the Chief Executive Officer is informed and believes that LICENSEE is in default of any terms and conditions ufthe AGREEMENT. The CITY may also inspect any Property ufthe LICENSEE associated with the Project, 8tany reasonable time without notice. The failure byLICENSEE tO 8||Ovv entry into the Property Or Properties, at any time, Sh8|| be deemed 8 breach of this AGREEMENT and may result inthe termination ufthis AGREEMENT, oaoriginally agreed, oraa modified. 7.3 Review Hearing. At the time and place set for the review hearing, before the Chief En8CuUw8 [UfDBr. LICENSEE Gh8U be given an opportunity to be heard. If the Chief Executive Officer finds, based UpOO SUbSt8Dti8| 8VideOCH' that LICENSEE has not COOOp|iSd in QOOd faith with the terms Or COOdiUOOS Of this AGREEMENT, the Chief Executive C)ffiC8r may: (8) reCOnono8nd to the City C0unCi|, to terminate this AGREEMENT notwithstanding any other provision of this AGREEMENT to the contrary, or (b) modify this AGREEMENT and impose such conditions 8Sare reasonably necessary tOprotect the best interests Ofthe CITY, with any Minor Amendment to this AGREEMENT approved by the Chief Executive Officer, and any Major A08Od08OL 8ppFOV8d by the City COUDCi|. After the R8Vi8VV Hearing, the d8CiSiOO of the Chief EX8CUUVH (]0iC8[ Sh8|| be 3ppH8|8b|e to the City COUOCi| of the CITY; any City COUDCi| d8CiSiOO shall be final, subject only to judicial review. 74 Certificate of Agreement Compliance. If, Gtthe conclusion Of8periodic 0rspecial review following 80CENGEE'Sdefault, the Chi SfExecutive Officer determines that LICENSEE is in COrnp|i8nC8 with this AGREEMENT, the CITY GhG|| issue G Certificate of Ann88rnent CO0p|i8OCe ("Certificate") to LICENSEE stating that after the most recent Periodic Review Or Special Review and based UpOO the iOfO[0GLiOO known or rO8d8 hnOVvO to the Chief Executive O#in8r. that (e) this AGREEMENT is reinstated in full force and effect and (b) LICENSEE is not in default. The CITY Sh8|| not be bound by 8 Certificate if 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 orother transferees or LICENSEE. CCA.Mission Creek V*nmnm.LLC Page 1Vof 37 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 the 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 a material breach within the terms set forth herein, shall be grounds for Termination as set herein. 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 CCA.Mission Creek Ventures, LLC Page 17 of 37 (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 3.43, 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 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 permit, any Application for any cultivation rights, or any Application for any cultivation license from the CITY. CALIFORNIA CIVIL CODE SECTION 1542 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. CCA.Mission Creek Ventures, LLC Page 18 of 37 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 as provided in Section 9.1 above. (ii) Due to the size, nature, and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this 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 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 CCA.Mission Creek Ventures, LLC Page 19 of 37 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. Termination by CITY. Upon default by LICENSEE, the CITY may, in its sole discretion, terminate this AGREEMENT and may, in its sole discretion and following a Review Hearing pursuant to Section 7.3 and the applicable appeal referenced therein, report said termination to the Department of Cannabis Control of the State of California (DCC). ARTICLE 10. THIRD PARTY LITIGATION. 10.1 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 CITY's determination. The CITY shall have no liability under this AGREEMENT, or otherwise, for any failure of the CITY to perform under this AGREEMENT, or for the inability of LICENSEE to develop the Property as contemplated by the Project Plan, which failure to perform or inability to develop is as the result of a judicial determination that the General Plan, or portions thereof, are invalid, inadequate, not in compliance with law, or that this AGREEMENT or any of the CITY's actions in adopting it, were invalid, inadequate, or not in compliance with law. Notwithstanding the foregoing, neither party shall contend in any administrative or judicial proceeding that the AGREEMENT or any Project Approval is unenforceable based upon federal, state, or local statutes, ordinances, or regulations in effect on the Effective Date. 10.2 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 claims for damage for personal injury, including death, as well as from claims for property damage which may arise from LICENSEE or LICENSEE's contractors, subcontractors, agents, or employees operations under this AGREEMENT, whether such operations be by LICENSEE, or by any of LICENSEE's contractors, subcontractors, agents, or employees operations under this AGREEMENT, whether such operations be by LICENSEE, or by any of LICENSEE's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for LICENSEE or any of LICENSEE's contractors or subcontractors. LICENSEE agrees to and shall defend CITY and its elective and appointive CCA.Mission Creek Ventures, LLC Page 20 of 37 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 shall defend, indemnify and hold harmless the CITY and defend its officers, agents, and employees, against and from any and all liabilities, demands, lawsuits, claims, government claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which the CITY, its officers, agents, and employees, may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) this AGREEMENT and the concurrent and subsequent permits, licenses and entitlements approved for the Project or Property; (ii) if applicable, the environmental impact report, mitigated negative declaration or negative declaration, as the case may be, prepared in connection with the development of the Property; and (iii) the proceedings or procedure undertaken in connection with the adoption or approval of any permit or any of the above. In the event of any legal or equitable action or other proceeding instituted by anyone against the CITY, its officers, agents, and employees, and any third party (including a governmental entity or official) 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 sole option, 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 to contract with special 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 attorney's fees or retainer regarding the selection of special counsel, and LICENSEE shall pay all costs and all attorneys' fees related to retention of such special counsel. 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 Reasonably Good Faith Settlement. With respect to this Article 10, the CITY shall not reject any reasonably good faith settlement. Before accepting any such settlement offer, CITY shall notify LICENSEE of the offer and provide LICENSEE with a copy of CCA.Mission Creek Ventures, LLC Page 21 of 37 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. 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 Modification/Interpretation. 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 it right, title, and interest in this AGREEMENT and any permits, licenses, entitlements, and related benefits cannot be sold or transferred without prior written approval by the City Council of the CITY. No new LICENSEEs shall be permitted without prior written approval by the CITY. CCA.Mission Creek Ventures, LLC Page 22 of 37 ARTICLE12. MISCELLANEOUS PROVISIONS. 12] Amendment of Agreement. This Agreement shall bgamended 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 0napprove oMinor Amendment tothis Agreement. AMajor /\nnendrnen[tothis/\ureern*nteha||beoppnovedbythe City Council. The Chief Executive Officer shall, on behalf ofCITY, have sole discretion to determine ifonamendment constitutes oMinor Amendment nroMajor Annendnnen[.No[hinAin this Agreement shall be construed on requiring o noticed public hearing, unless required by |ovv. 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. No testimony or evidence ofany such napngaentaUona. understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this AGREEMENT, provided, however, CITY shall rely on statements made by L|CENGEE'a agunta, ufhogra, or employees, at the public hearings leading tOthe C|lFY''Sapproval Ofthe project, OrOnvvrittendOCUmentSSUbmiUedby L|CEN8EE'n ogente, officers, or emp|oyeee, that are a part of the public record. 12.3 Severability. Ifany term, provision,covenant, orcondition ufthis AGREEMENT shall be determined inva|id, void, or unenforceable, by court ofcompetent juhadiudon. the remainder ofthis AGREEMENT shall not be affected thereby and shall remain in full force and effect tOthe extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes Ofthis AGREEMENT. The foregoing notwithstanding, the provision Ofthe Community Benefits set forth inArticle 5.herein, including the payment Vfthe fees set forth thenain, are eaaenUo| elements of this AGREEMENT and the CITY would not have entered into this AGREEMENT but for such provisions, and therefore in the event that any portion Of such provisions are determined to be invalid, void or unenforceable, at the C|TY'S OcdiOn. this entire AGREEMENT shall terminate and from that point on be null and void and of no force and effect whatsoever. The foregoing notwithstanding, the Project [ightSSHtforthiOArtiC|84OfthiS AGREEMENT are essential elements of this AGREEMENT and LICENSEE would not have 8Ot8[8d into this AGREEMENT but for such pn]ViSiOOS. and therefore in the event that any portion of such provisions are determined to be invalid, void, or unenforceable, at LICENSEE's option, this entire AGREEMENT shall terminate and from that point on be null and void and of nOforce and effect whatsoever. 12.4. Federal Law. The Parties expressly agree that each Party iestrictly prohibited from failing to perform any and all obligations under this Agreement on the basis that this AGREEMENT is invalid, UneDfO[Ce8b|8. Or iU8g@| under federal |@VV. By HD1HhOg into this AGREEMENT, each Party disclaims any right to tender an affirmative defense in any arbitration orcourt nfcompetent jurisdiction, that performance under this AGREEMENT iSnot required because the AGREEMENT iSinvalid, unenforceable, Vrillegal under federal law. 12.5 Any dispute arising hereunder shall be governed and interpreted in accordance with the |avva 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 bzthe effect that ambiguities are 0oberesolved against the drafting party shall not be employed in interpreting this AGREEMENT, since all parties were represented by counsel in CCA.Mission Creek V*nmnm.LLC Page 23of 37 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 All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this AGREEMENT. 127 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 innfthe essence inthe performanceofthe provisionsof this AGREEMENT as to which time is an element. 12.9 Waiver Failure by8party toinsist upon the strict performance of any of the provisions of this AGREEMENT bythe other party, Orthe failure by8party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right tuinsist and demand strict compliance by the other party with the terms of this AGREEMENT thereafter. 12.10 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 andbenefiLofthepahieeandtheireucceaennaandoeeigne.-[hene are nothird-party beneficiaries, and this AGREEMENT is not intended, and shall not be construed, to benefit, or beenforceable byany other person whatsoever. 12.11 Mutual Covenants. The covenants contained h8[8iO are DlUtU8| COV8O@DtS and also constitute conditions tOthe concurrent 0rsubsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 12.12 Counterparts.This AGREEMENT may baexecuted bythe parties in counterparts, which counterparts shall beconstrued together and have the same effect @Gifall Ofthe parties had executed the same instrument. 12.13 Jurisdiction and Venue. Any action 8tlaw OriO 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 0r change Ofvenue tOany other state 0rfederal court, including, without limitation, Code 0fCivil Procedure Section 384. 12]4 Pronect as a Private Undertaking. It is specificallyunderstood and agreed bvand between the parties hereto that the development ofthe Project iSopriv8tedev8|opm8nt.th8t 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 inthis AGREEMENT. NOpartnership, jointventure orother association Ofany kind iSformed by this AGREEMENT. The only relationship between the CITY and LICENSEE is that of a CCA.Mission Creek V*nmnm.LLC Page 24of 37 government entity regulating the development of private property and the LICENSEE of such property. 12.15 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this 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. 12.16 Eminent Domain. No provision of this AGREEMENT shall be construed to limit or restrict the exercise by the CITY of its power of eminent domain. 12.17 Agent for Service of Process. In the event LICENSEE is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer, resident of the State of California, or if it is a foreign corporation, then 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. If for any reason service of such 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 to the process so described, submits to the jurisdiction of the Court so obtained, and waives any and all objections and protests thereto. 12.18 Authority to Execute. The person or persons executing this AGREEMENT on behalf of LICENSEE warrants and represents that he/she/they have the authority to execute this AGREEMENT on behalf of his/her/their corporation, partnership or Project entity and warrants and represents that he/she/they has/have the authority to bind LICENSEE to the performance of its obligations hereunder. LICENSEE shall each deliver to CITY on execution 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 naming the officers that are authorized to execute this AGREEMENT on its behalf. Each individual executing this AGREEMENT on behalf of his or her respective company or entity shall represent and warrant that: (i) The individual is authorized to execute and deliver this 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 CCA.Mission Creek Ventures, LLC Page 25 of 37 (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. 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 Agreements 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. CCA.Mission Creek Ventures, LLC Page 26 of 37 I NONUNION N LTWTJ III E I ffrQ i M OMOMM qW.&W-61P I MEW M I IIII KTAJ a I I LOU F 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 subjecl %t,q-tter hereii. [Signatures on next page] CCA.Mission Creek Ventures, LLC Page 27 of 37 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed as of the dates written above. CITY OF BALDWIN PARK By: Emmanuel J. Estrada, Mayor MISSION CREEK VENTURES, LLC By. Na ;.Jrae Lop �ging r ATTEST, By: Christoper Seanz, City Clerk Approved as to Fo ' By: Julia Sylva, Special Counsel Commercial Cannabis Activity, City of Baldwin hark Approved as to Form! By: Bruce L. lshimatsu - Bruce lshimatsu, Counsel, Mission Creek Ventures, LLC GGA Mission Greek VenWres, U C No. 1 - Legal Description of the Property and/or Properties Common Address: 5157 Azusa Canyon Road, Baldwin Park, CA 91706 Assessor's Parcel Number: 8413-001-016 CCA.Mission Creek Ventures, LLC Page 29 of 37 No. 2 — Map showing Property and its or their location(s) CCA.Mission Creek Ventures, LLC Page 30 of 37 No. 3 — CITY Cannabis Permit Application (form only, no attachments) CCA.Mission Creek Ventures, LLC Page 31 of 37 No. 4 — Landlord Consent, if applicable CCA.Mission Creek Ventures, LLC Page 32 of 37 No. 5 — Personal Guaranty or Performance Bond CCA.Mission Creek Ventures, LLC Page 33 of 37 No. 6 — Proiect Plan CCA.Mission Creek Ventures, LLC Page 34 of 37 No. 7 — Financial Projections CCA.Mission Creek Ventures, LLC Page 35 of 37 No. 8 — Community Benefits Plan The City of Baldwin Park will establish a "Community Benefit Fund" to allocate a portion of the Community Benefit Fee to support community -based programs and activities in the City. The City will adopt a policy to provide guidelines and procedures for the distribution and use of these public funds. CCA.Mission Creek Ventures, LLC Page 36 of 37 No. 9 — California State License Types Cultivation: State License Type: Adult -Small -Indoor Self -Distribution: Type 13: transport -only distributor -can transport the goods Applicant cultivates on Site only. CCA.Mission Creek Ventures, LLC Page 37 of 37 Vicinity Map LOCATION: 5157 Azusa Canyon Road CASE NUMBER: CCA 23-02 DATE: October 18, 2023 ITEM NO. 9 TO: Honorable Mayor and Members of the City Council T" A : FROM: Sam Gutierrez, Director of Public Works AN,,dAgIRIE`� PREPARED BY: Yovanni Viramontes Associate Engineer VA�� LEY � gi DATE: October 18, 2023 SUBJECT: Request for Approval of Content for Interpretive Signage, City Identification Sign, Streetlight Pole Banners, and Directory Signs Related to the Susan Rubio Zocalo Park and Civic Plaza Project — CIP No. 22-044 SUMMARY This item seeks City Council approval of content for interpretive signs that will be installed as part of the Susan Rubio Zocalo Park and Civic Plaza Project. RECOMMENDATION It is recommended that the City Council: 1. Approve the selected content for project signs, based on poll results that were received based on input from E-Team and City Council and concluded on October 1, 2023; and, 2. Authorize the Director of Public Works to approve project signs for contractor to begin sign fabrication based on approved sign content; FISCAL IMPACT The approval of this action will have no impact on the City's General Fund. The cost for fabrication and installation of signage is included as part of the project's funding as approved in the current FY 22-23 Capital Improvement Program (CIP) by the City Council. The action is administrative in nature and would not have a material impact to the general construction budget. BACKGROUND On October 19, 2022, the City Council accepted the Plans and Specifications for the City Project CIP 22-044 — Susan Rubio Zocalo Park and Civic Center Plaza and awarded a contract for construction to PCN3, Inc. of Los Alamitos, CA. The City Council also authorized the Director of Finance to budget $11,841,000 for construction costs including the prime construction contract, costs for demolition of vacant building, construction administration, construction management and inspection services, and construction contingency totaling $775,000. Construction of the project commenced on January 2023, and is expected to be completed in February 2024. On July 5, 2023, City Staff sought direction from City Council on various elements related to the Susan Rubio Zocalo Park and Civic Plaza Project, including the selection of content (language and lettering) for six (6) concrete markers that will be engraved along the center walkway leading up to the Pavilion from both Sterling Way and Pacific Ave. The City council directed Staff to select content for concrete markers, distribute to E-team and Elected Officials for preferences, and provide poll results with the various options for City Council to approve in a subsequent meeting. DISCUSSION On September 25, 2023, the Public Works Department prepared and distributed a poll for the Susan Rubio Zocalo Park and Civic Plaza Project, for Park Signage. The Poll consisted of the following Page 1 13 sections: Interpretive Signage Content, Wayfinding and Monument Signage, and Poll Input and Rating (optional). Section 1: Interpretative Signage Content As the construction of the project is underway, the contractor and design sub -consultant are seeking direction from staff and the City Council regarding interpretative sign language and lettering for six concrete markers that will be engraved along the center walkway that leads to the Pavilion from both Sterling Way and Pacific Ave. Proposed signage content was presented to the City Council and E-team in the form of an online poll and based on historical and cultural elements showcasing Baldwin Park's unique history including three distinct time periods: origins/indigenous era, Settlers/Founders/Ranchos Era, and Contemporary/Incorporated Era. A total of twenty-two (22) options were available to choose from and early poll results are listed below: Preliminary top six (6) content choices: • Gabrielino Native People, • Elias "Lucky" Baldwin • Margaret Woods Heath • In-N-Out • Betty Lowes • Esther Lavelle Snyder Section 2: Wayfinding and Monument Signage On July 20, 2022, the City Council approved the nomination to name the park elements after Senator Susan Rubio (32nd District), officially naming the project the "Susan Rubio Zocalo Park and Civic Plaza." During construction and preparation of the shop drawings for project signage, the architect and sign consultant required direction for the placement of lettering and the configuration of the official name to be incorporated into the various wayfinding and monument signs. The Poll included three options for one (1) city identification sign, two layout options for thirteen (13) street pole banners, and two layout options for four (4) directory signs. The wayfinding and monument signage included the official name of park. The preliminary results are shown in Attachment 1. Section 3: Poll Input and Rating This poll was created by Public Works using Microsoft Teams, and designed to be simple and interactive, in order to gauge the committee preferences for various project elements. In order to provide a better experience on our next poll/survey, we asked that the survey format be ranked on the final section of poll. In response to comments received from the poll, the Public Works Department has prepared additional options for the identification, banners, and directory signage. The additional options were not a part of the original poll and will be presented as alternatives during the meeting for further City Council consideration and direction (included in Attachment 2 to this report). ALTERNATIVES None. CEQA REVIEW The subject project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to a class 32 (section 15332, in -fill development), for meeting the five conditions set forth under section 15332, which include: the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designations and regulations under sub section, the proposed development occurs within the city limits on a project site Page 2 / 3 of no more than five acres substantially surrounded by urban uses, the project site has no value, as habitat for endangered, rare of threatened species, and the approval of project will not result in any significant effects relating to traffic, noise, air quality, or water quality. In addition, none of the exceptions to categorical exemptions set for in CEQA guidelines section 15300.2 apply to the proposed project. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Poll results 2. Alternative Color options. Page 3 / 3 8 12:06 Responses Average time to complete 1. Origins, Indigenous Era Please rank the following options from most to least favorite. 1 Gabrielino Native People (Ton... 2 Toypurina - Tongva Tribe Gabri ... 3 San Gabriel River - once ran ac ... 4 Kizh Nation - referred to as "Lo... Active Status 2. Settlers, Founders and Ranchos Era Please rank the following options from most to least favorite. 03MR13= � 1 Elias "Lucky" Baldwin - known... 2 Margaret Woods Heath - edu ... 3 Pacific Electric Railway - nickn ... 4 John A. Rowland - known as D ... 5 Rancho La Puente - establishe ... 6 Cruz Baca - Mexican immigrant.. nongmitr.rtliviTi-m,TM.TiloL%To7L%". 8 Rancho Azusa cle Dalton - orig.. 9 •r Park Woman's Club -.. 3. Contemporary, Incorporated Era Please rank the following options from most to least • 1 In-N-Out -founded in Baldwin .. 2 Bette Lowes - first woman to b ... 3 Esther Lavelle Snyder - was an... 4 Adelina Gregory Mesias - in 1... 5 Robert McNeil Family - In 196... 6 Teri G. use - resident, Council... 7 Ana Montenegro - public figur ... 8 St. John the Baptist Catholic C ... 9 Lorrain O'Brien - O'Brien was g ... 4. If you would like to provide content suggestions that are not listed above, please share description of content here. 1 Responses Latest Responses "Robert "Bob" Benbow - Dedicated his professional career in Bal... 5. Do you have any • suggestions for improving the historical and cultural representation of the Susan Rubio Zocalo Park and Civic Center Plaza Interpretive Signs? 1 Latest Responses Responses "Ron Brown - Gold medalist sprinter and graduate of Baldwin P 6. City Identification Sign (Total: 1) i• from the following options. PW Team recommends Layout C. Layout A 0 Layout B 3 Layout C 5 7. Streetlight Pole Banners (Total: 13) Choose from the following options, PW Team recommends Layout B. Layout A 2 Layout B 6 8. Directory Sign (Total: 4) Please choose from the following options. PW Team recommends Layout B. Layout A 0 Layout B 8 9. Let us know if you have any comments or suggested changes to any of the Layouts presented. 2 Responses Latest Responses 10. Please let us know if you liked this input format. It will help us improve future surveys. (Optional) M Promoters 7 Passives 0 Detractors 1 -100 IM Illumination at night Letters have a yellow face with white glowing returns 01---+!'---- Color Option 1 - Original Colors Illumination at night Letters have an orange face with white glowing returns A�fyi,� .'z JJ%1 i4�, if1 S 4t� llt , 101---+!'---- I I -- I71---- Color Option 2 - Baldwin Park Blues Illumination at night Letters have an orange face with white glowing returns II I- - - + I I- - - - I I -- I-TI- - -- Color Option 3 - Baldwin Park Teals ITEM NO. SA-1 F "'"��1• TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance 'SAN GABR'eL PREPARED BY: Ana Zhang, Senior Finance Clerk °Rq Q JAN„, DATE: October 18, 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, $2,270.00. 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 September 11 to October 9, 2023 Successor Agency Warrant with check number 13622 through 13623 in the total amount of $2,270.00 was made on behalf of Successor Agency of the City of Baldwin Park constituting of claim and demand against the Successor Agency of the City of Baldwin Park, are herewith presented to the City Council as required by law, and hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENTS 1. Check Register Page 1 / 1 City of Baldwin Park, CA Check Register By (None) Payment Dates 9/11/2023 - 10/9/2023 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 13622 09/19/2023 SHOETERIA INC BOOT ALLOWANCE FOR SEIU EMPLOYEES-JESSE BACA 890-60-620-50119-14405 $ 45.00 13622 09/19/2023 SHOETERIA INC BOOT ALLOWANCE FOR SEIU EMPLOYEES 890-60-620-50119-14405 $ 30.00 13623 09/28/2023 RSG INC HOUSNG SUCCESSOR EXPENDIUTRE CATCH-UP 890-40-405-51100-00000 $ 743.75 13623 09/28/2023 RSG INC HOUSNG SUCCESSOR EXPENDIUTRE CATCH-UP 890-40-405-51100-00000 $ 1,451.25 Grand Total: $ 2,270.00 ITEM NO. SA-2 TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance sa" �AgR'E� PREPARED BY: Anthony Ceballos, Accountant DATE: October 18, 2023 SUBJECT: Treasurer's Report SA — August 2023 SUMMARY Attached is the Treasurer's Report for the month of August 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 August 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 TREASURERS REPORT 013112023 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET 1:77 DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE I State o1Canto umlaLocal Agency investment City -Including General Fund & all other Special Revenue Funds 3A34% Varies Varies S 50,933,235A5 1i 50,933,235AS 50,933,235.45 6 50,933,235.45 Housing Authority 3A341 Varies Varies 413sit 40,98 41188 413.88 50,433,649,33 50,933,64933 50,933,649.33 50,933,649.33 Certificate of Deposit Traditions Bancorp Inc, (Cambridge Investment Research) 4.65% 11M/2022 111412024 250,000,00 2$0,000.00 250.000.00 247,390.00 250,000.00 250,000,00 250,000.00 247,390.00 US Government Agency Notes Federal Farm CR BKS Bond (Mutual Securities) 4.125% 912612022 1011712023 3,000,000.00 3,000,000.00 3,000,00.00 2,994,570.00 Federal Home Loan BA SER IT-8024 (Mutual Securities), 5.000% 211512023 21012024 2,000,000X0 2,000,00O.00 2,000,000-00 1,994,800.00 Federal Home Loan BA SER 5C-8024 (Mutual Securities) 5.520% 71312023 6i2812024 1,000,000.00 1,000,000,00 1,000,000.00 997,110.00 Federal Home Loan BA SER SG-9024 (Mutual Securities) 5,625% 712412023 10124)2024 1,000,000.00 1,000,000.00 1,000,000.00 996,800.00 7,000,000.00 7,000,000.00 000,00.00 6,98a,280.00 US Treasury Note United States Treas SER BE,8024 IMulual Securities) 3.000% 111312023 713112024 6,500,000AD 6,500,000.00 6,500,000.00 6,359,060.00 6,50%000.00 6,500,000.00 500,000.00 6,359,860.00 ga- e �Accoij Accounts Fiscal Agent Funds (Trustioebt Service Fundy._ Varies Varies Varies 3,760,191.61 3,760,191,61 3,760,191.61 3,760,191.61 Fiscal Agent Funds- Successor Agency (TrusUDebt Service Fund) Varies Varies Varies 888,006,03 888,006.03 888,006.03 888,006.03 4,648,--19764 4,648,197.64 4,648,197,64 S 69,331,846.97 ml 69,334,846.97 _s 69,331,846.97 Total investments $ 69,331,846.97 Cash vvith Bank of the West City Checking (General) 2,38$,005.21 City Miscellaneous Cash (WIC, FIR) 395,58628 CNG Station 2.00 Housing Authority 1,195,967.06 Money Market Pius 4,043,27632 Successor Agency 37,667.57 Total Cash with Bank of the West 8,057,404.84 Investment Brokerage (Cash & Cash Equivalents) 15,133,9 Total Cash and Investments $ 77,404,386.76 * Schedule of Cash and Investments includes city-wide assets as included In the Comprehensive Annual Financial Report. There was no investment maturity/purchase transactions made for the month of August 2023 and no depositstwithdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient Investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the ITOXt SIK months that all investments are in compliance to the Citys Statement of Investment Policy. Approved by: K 5, Rose Tam Director of Finance r Agenda October 18, 2023, 7t0. 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 city'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 commentsgbaldwinpark.com. W, 0IIIILomn7x a PUBLIC COMMUNICATIONS CONSENT CALENDAR l . Treasurer's Report FA — August 2023 Staff recommends that the Board receive and file the Treasurer's Report for August 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 squinones(L&baldwinparl�.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) ITEM NO. FA-1 TO: Chair and Members of the Finance Authority FROM: Rose Tam, Director of Finance sa" �AgR'E� PREPARED BY: Anthony Ceballos, Accountant DATE: October 18, 2023 SUBJECT: Treasurer's Report FA — August 2023 SUMMARY Attached is the Treasurer's Report for the month of August 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 August 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 TREASURERS REPORT 013112023 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET 1:77 DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE I State o1Canto umlaLocal Agency investment City -Including General Fund & all other Special Revenue Funds 3A34% Varies Varies S 50,933,235A5 1i 50,933,235AS 50,933,235.45 6 50,933,235.45 Housing Authority 3A341 Varies Varies 413sit 40,98 41188 413.88 50,433,649,33 50,933,64933 50,933,649.33 50,933,649.33 Certificate of Deposit Traditions Bancorp Inc, (Cambridge Investment Research) 4.65% 11M/2022 111412024 250,000,00 2$0,000.00 250.000.00 247,390.00 250,000.00 250,000,00 250,000.00 247,390.00 US Government Agency Notes Federal Farm CR BKS Bond (Mutual Securities) 4.125% 912612022 1011712023 3,000,000.00 3,000,000.00 3,000,00.00 2,994,570.00 Federal Home Loan BA SER IT-8024 (Mutual Securities), 5.000% 211512023 21012024 2,000,000X0 2,000,00O.00 2,000,000-00 1,994,800.00 Federal Home Loan BA SER 5C-8024 (Mutual Securities) 5.520% 71312023 6i2812024 1,000,000.00 1,000,000,00 1,000,000.00 997,110.00 Federal Home Loan BA SER SG-9024 (Mutual Securities) 5,625% 712412023 10124)2024 1,000,000.00 1,000,000.00 1,000,000.00 996,800.00 7,000,000.00 7,000,000.00 000,00.00 6,98a,280.00 US Treasury Note United States Treas SER BE,8024 IMulual Securities) 3.000% 111312023 713112024 6,500,000AD 6,500,000.00 6,500,000.00 6,359,060.00 6,50%000.00 6,500,000.00 500,000.00 6,359,860.00 ga- e �Accoij Accounts Fiscal Agent Funds (Trustioebt Service Fundy._ Varies Varies Varies 3,760,191.61 3,760,191,61 3,760,191.61 3,760,191.61 Fiscal Agent Funds- Successor Agency (TrusUDebt Service Fund) Varies Varies Varies 888,006,03 888,006.03 888,006.03 888,006.03 4,648,--19764 4,648,197.64 4,648,197,64 S 69,331,846.97 ml 69,334,846.97 _s 69,331,846.97 Total investments $ 69,331,846.97 Cash vvith Bank of the West City Checking (General) 2,38$,005.21 City Miscellaneous Cash (WIC, FIR) 395,58628 CNG Station 2.00 Housing Authority 1,195,967.06 Money Market Pius 4,043,27632 Successor Agency 37,667.57 Total Cash with Bank of the West 8,057,404.84 Investment Brokerage (Cash & Cash Equivalents) 15,133,9 Total Cash and Investments $ 77,404,386.76 * Schedule of Cash and Investments includes city-wide assets as included In the Comprehensive Annual Financial Report. There was no investment maturity/purchase transactions made for the month of August 2023 and no depositstwithdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient Investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the ITOXt SIK months that all investments are in compliance to the Citys Statement of Investment Policy. Approved by: K 5, Rose Tam Director of Finance Agenda October :00 PM Chair Emmanuel J. Estrada Vice Chair Monica Garcia Board Member Alejandra Avila Board Member Jean M. Ayala Board Member Daniel Damian 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 commentsgbaldwinpark.com. W, 0IIIILomn7x a PUBLIC COMMUNICATIONS CONSENT CALENDAR l . 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 — August 2023 Staff recommends that the Board receive and file the Treasurer's Report for August 2023. ADJOURNMENT 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 squinonesgbaldwinark.corn. 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) ITEM NO. HA-1 g Authority o Chair and Members of the Housing TO: Y FROM: Rose Tam, Director of Finance 'SAN GABR'Ej�., PREPARED BY: Ana Zhang, Senior Finance Clerk °Rq Q JAN„, DATE: October 18, 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 $723,886.77. 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 September 12, 2023 to October 9, 2023 Warrant check numbers 72830 through 72854 in the amount of $7,943.56 and Automated Clearing House (ACH) In the amount of $715,943.21 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^~ 10/9/2023 Date Range: S/12/2023... 1O/S/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 DID Amount []72830 1001/2023 1001/2023 Jonn*UoK4Henderson [] $38.00 []72831 1001/2023 1001/2023 Julie LFonseca [] $10.00 []72832 10/01/2023 1001/2023 Vanessa GRoss [] $108.00 []72833 1001/2023 1001/2023 Jacqueline Chaves [] $248.00 []72834 10/01/2023 1001/2023 Carmen Rivera -Madrid [] $14.00 []72835 1001/2023 1001/2023 XiomamAMartinez [] $30.00 []72830 10/01/2023 1001/2023 Rebecca Galindo [] $17.00 []72837 1001/2023 1001/2023 City ofPomona Housing Authority [] $84228 []72838 10/01/2023 1001/2023 Ken Chi -Kin Yu [] $10.00 []72830 1001/2023 1001/2023 Jasmine JanaoRhodes [] $138.00 []72840 10/01/2023 1001/2023 Viridiana Medina [] $17.00 []72841 1001/2023 1001/2023 Mindy Sophia Aguirre [] $33.00 []72842 10/01/2023 1001/2023 Camille MLovosmith [] $42.00 []72843 1001/2023 1001/2023 Gwendolyn Jean Adams [] $10.00 []72844 10/01/2023 1001/2023 Diana Mary 8ar*a|o [] $10.00 []72845 1001/2023 1001/2023 Jess Edward Pena|ta [] $10.00 []72840 10/01/2023 1001/2023 Jessica EChi [] $28.00 []72847 1001/2023 1001/2023 Ricky Garcia [] $4.00 []72848 10/01/2023 1001/2023 |mo|daASanchez Diaz [] $46.00 []72848 1001/2023 1001/2023 Sarah Rios [] $21.00 []72850 10/01/2023 1001/2023 K4ikiOo*p [] $22.00 []72851 1001/2023 1001/2023 Eternal Link LLC [] $1040.00 []72852 10/01/2023 1001/2023 George KaChun Chew [] $2242.00 []72853 1001/2023 1001/2023 City ofCarlsbad [] $101528 []72854 10/01/2023 1001/2023 Cameron Properties [] $1333.00 Copyright @2011-2U23.HAPPY Software, Inc. Check Register Report AZ 10/08/2023 Page Total $7,943.56 Average $294.21 Unit Count 5 Average Weighted by Unit Count $1,376.20 Hard to House Count Copyright © 2011-2023, HAPPY Software, Inc. Check Register Report AZ 10/09/2023 Page 2 Check Register ^~`~po^~ 10/9/2023 Date Range: S/12/2023... 1O/S/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 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 []31882 09/12/2023 0701/2023 Monrovia S12.LP 19 $162.00 []31803 09/12/2023 0801/2023 K4ieChan 19 $2778.00 []31884 09/12/2023 0801/2023 Emilio D*Jesus Cruz 19 $447.00 []31805 09/12/2023 0801/2023 Los Angeles County Housing Authority 19 $3470.50 []31880 10/01/2023 1001/2023 Y&HInvestment, Inc. 19 $1317.00 []31807 1001/2023 1001/2023 Eunice Property, LLC 19 $1270.00 []31888 10/01/2023 1001/2023 Wilson Apartment Associates LP. 19 $756.00 []31800 1001/2023 1001/2023 Monet HuongNguyen 19 $3003.00 []31800 10/01/2023 1001/2023 ASCENSION HOLDINGS LLC 19 $1262.00 []31001 1001/2023 1001/2023 TomCinquograni 19 $513.00 []31802 10/01/2023 1001/2023 Mark T.Fernandez 19 $888.00 []31003 1001/2023 1001/2023 Melody (Muoi)Dao 19 $1530.00 []318O4 10/01/2023 1001/2023 John YV.Ruwitohand AnhLam Truong 19 $1153.00 []31005 1001/2023 1001/2023 Adam King Lee and Joyce NgLee 19 $1351.00 []318O0 10/01/2023 1001/2023 K4ingyuOu 19 $2730.00 []31007 1001/2023 1001/2023 SAE GROUP, LLC 19 $1988.00 []318O8 10/01/2023 1001/2023 Wei ZhonSu 19 $1600.00 []31008 1001/2023 1001/2023 Mallorca Apartments, LTD 19 $2070.00 []31810 10/01/2023 1001/2023 Michael |.orLing Brooks 19 $771.00 []31011 1001/2023 1001/2023 Donna JFalls 19 $785.00 []31812 10/01/2023 1001/2023 Cipriano Salazar Jr. 19 $1612.00 []31013 1001/2023 1001/2023 Dung Tran 19 $595.00 []31814 10/01/2023 1001/2023 K4onmviaS12. LP 19 $23578.00 []31015 1001/2023 1001/2023 Leslie KNg 19 $1043.00 []31810 10/01/2023 1001/2023 Jun HuaHu 19 $2745.00 []31017 1001/2023 1001/2023 OuooT.Vo 19 $2101.00 []31818 10/01/2023 1001/2023 LionDiop 19 $1255.00 []31010 1001/2023 1001/2023 LLJStratford Sunset, LLC.Sunset 19 $4202.00 []3182O 10/01/2023 1001/2023 RonaLamao-Serm\oo 19 $1668.00 []31021 1001/2023 1001/2023 Villa Olive Oak dbaOak Park- South 19 $7005.00 []31822 10/01/2023 1001/2023 K4a|oo|mUso 19 $883.00 []31023 10/01/2023 1001/2023 Diou'ThuyNuTon 19 $000.00 Copyright @2011-2O23.HAPPY Software, Inc. Check Register Report AZ 10/08/2023 Page ❑ 31924 10/01/2023 10/01/2023 Dajojo, LLC ® $632.00 ❑ 31925 10/01/2023 10/01/2023 Investor Trust Realty Group, Inc. ® $1453.00 ❑ 31926 10/01/2023 10/01/2023 Don Norwood ® $1479.00 ❑ 31927 10/01/2023 10/01/2023 Aaron Abdus Shakoor ® $1766.00 ❑ 31928 10/01/2023 10/01/2023 Ana Thai ® $883.00 ❑ 31929 10/01/2023 10/01/2023 SRI Properties No 15 LLC ® $1268.00 ❑ 31930 10/01/2023 10/01/2023 Larry Chow ® $1847.00 ❑ 31931 10/01/2023 10/01/2023 T & T Asset Holding, LLC ® $412.00 ❑ 31932 10/01/2023 10/01/2023 Michael Alfred Alarcon ® $1269.00 ❑ 31933 10/01/2023 10/01/2023 Mousa Boushaaya ® $1633.00 ❑ 31934 10/01/2023 10/01/2023 Tuan Viet Ho ® $2082.00 ❑ 31935 10/01/2023 10/01/2023 Xiaomin Lin and Xiaoxi Wu ® $1982.00 ❑ 31936 10/01/2023 10/01/2023 Jun Ye and Ming Feng ® $1786.00 ❑ 31937 10/01/2023 10/01/2023 4324 Walnut St LLC ® $1350.00 ❑ 31938 10/01/2023 10/01/2023 El Monte Housing Partners LP - The ® $10141.00 ❑ 31939 10/01/2023 10/01/2023 Joseph T. Tung ® $1648.00 ❑ 31940 10/01/2023 10/01/2023 Alamitas LLC ® $629.00 ❑ 31941 10/01/2023 10/01/2023 Avalon Monrovia LLC ® $1436.00 ❑ 31942 10/01/2023 10/01/2023 Pro Management Inc. ® $1471.00 ❑ 31943 10/01/2023 10/01/2023 Andrew & Eva Fogg ® $1403.00 ❑ 31944 10/01/2023 10/01/2023 Heritage Park Villas LP ® $25745.00 ❑ 31945 10/01/2023 10/01/2023 Heritage Park Villas LP ® $2581.00 ❑ 31946 10/01/2023 10/01/2023 Villa Olive Oak dba Oak Park - South ® $3563.00 ❑ 31947 10/01/2023 10/01/2023 ® $14242.00 ❑ 31948 10/01/2023 10/01/2023 Palo Verde Apartments, LP ® $903.00 ❑ 31949 10/01/2023 10/01/2023 Sharon Campbell ® $3044.00 ❑ 31950 10/01/2023 10/01/2023 John M Jacquet Sr. ® $1110.0C ❑ 31951 10/01/2023 10/01/2023 Linda Alice Enriquez ® $2124.00 ❑ 31952 10/01/2023 10/01/2023 Ha X Van ® $4227.00 ❑ 31953 10/01/2023 10/01/2023 Chen Jackson ® $814.00 ❑ 31954 10/01/2023 10/01/2023 Philip Tsui ® $971.00 ❑ 31955 10/01/2023 10/01/2023 Paul Yen ® $1719.00 ❑ 31956 10/01/2023 10/01/2023 Becky Binh Nguyet Luu or Eddie Ma ® $2001.00 ❑ 31957 10/01/2023 10/01/2023 Tinh Van Le ® $668.00 ❑ 31958 10/01/2023 10/01/2023 Everardo Garcia ® $2421.00 ❑ 31959 10/01/2023 10/01/2023 Ngoc T. Lieu ® $2658.00 ❑ 31960 10/01/2023 10/01/2023 Alfred Tai-Kong Ho and Lisa Chen ® $1211.00 ❑ 31961 10/01/2023 10/01/2023 Covina 023 Woods 206 LP c/o ® $1288.00 ❑ 31962 10/01/2023 10/01/2023 Doreen Han ® $1405.00 ❑ 31963 10/01/2023 10/01/2023 PI Properties No. 94 LLC ® $1155.00 ❑ 31964 10/01/2023 10/01/2023 Baldwin Park Family Housing Limited ® $20411.00 ❑ 31965 10/01/2023 10/01/2023 Grace Chiou ® $901.00 ❑ 31966 10/01/2023 10/01/2023 Marina Alvarez ® $3162.00 ❑ 31967 10/01/2023 10/01/2023 Zhi Min Li and WXL Investments Inc. ® $418.00 ❑ 31968 10/01/2023 10/01/2023 Sui Man Mak ® $752.00 ❑ 31969 10/01/2023 10/01/2023 Henry Wong ® $2174.00 Copyright © 2011-2023, HAPPY Software, Inc. Check Register Report AZ 10/09/2023 Page 2 ❑ 31970 10/01/2023 10/01/2023 West Covina Senior Villas II, LP ® $482.00 ❑ 31971 10/01/2023 10/01/2023 Dung Trung Pham and Tammy Tram ® $364.00 ❑ 31972 10/01/2023 10/01/2023 Francisco J. Sanchez and Gloria ® $1045.00 ❑ 31973 10/01/2023 10/01/2023 Blessed Rock of El Monte ® $28008.00 ❑ 31974 10/01/2023 10/01/2023 Blessed Rock of El Monte ® $5834.00 ❑ 31975 10/01/2023 10/01/2023 Vintage West Covina ® $6741.00 ❑ 31976 10/01/2023 10/01/2023 Alfonso Contreras ® $1088.00 ❑ 31977 10/01/2023 10/01/2023 Ryan Quach and Hue Cao ® $1831.00 ❑ 31978 10/01/2023 10/01/2023 Alta Vista Villas, LP c/o Yale ® $3505.00 ❑ 31979 10/01/2023 10/01/2023 West Covina Seniors Villas 1 ® $1056.00 ❑ 31980 10/01/2023 10/01/2023 Post Brookhollow, , LP ® $17456.00 ❑ 31981 10/01/2023 10/01/2023 Rahmat Ray Nehdar ® $1148.00 ❑ 31982 10/01/2023 10/01/2023 Alexander Chan ® $2339.00 ❑ 31983 10/01/2023 10/01/2023 Phat Binh Vuong ® $815.00 ❑ 31984 10/01/2023 10/01/2023 Alan Wu ® $806.00 ❑ 31985 10/01/2023 10/01/2023 Lawe Family Trust ® $844.00 ❑ 31986 10/01/2023 10/01/2023 Henry Ho ® $1318.00 ❑ 31987 10/01/2023 10/01/2023 PAMA IV Properties, LP ® $4597.00 ❑ 31988 10/01/2023 10/01/2023 Roger Hin Nam Mak ® $10259.00 ❑ 31989 10/01/2023 10/01/2023 LAT Investments, LLC ® $3405.00 ❑ 31990 10/01/2023 10/01/2023 Kimmie Mu Matsunaga ® $4212.00 ❑ 31991 10/01/2023 10/01/2023 Xitlalai Del Real Sanchez ® $1433.00 ❑ 31992 10/01/2023 10/01/2023 Mary L Haynes ® $1060.00 ❑ 31993 10/01/2023 10/01/2023 Clinett Glazis ® $368.00 ❑ 31994 10/01/2023 10/01/2023 Jim & Nancy Bailey ® $584.00 ❑ 31995 10/01/2023 10/01/2023 Kimberly Nguyen ® $836.00 ❑ 31996 10/01/2023 10/01/2023 LLP Investments ® $2463.00 ❑ 31997 10/01/2023 10/01/2023 Joseph M. Kwok ® $1793.00 ❑ 31998 10/01/2023 10/01/2023 Leng Zhang and Bao Ying Jiang ® $1340.00 ❑ 31999 10/01/2023 10/01/2023 Mack E Titus ® $413.00 ❑ 32000 10/01/2023 10/01/2023 Lourdes J. Garrison ® $1765.00 ❑ 32001 10/01/2023 10/01/2023 Angelica Garcia ® $2343.00 ❑ 32002 10/01/2023 10/01/2023 Sophia Wong ® $1247.00 ❑ 32003 10/01/2023 10/01/2023 Lois J Gaston ® $1277.00 ❑ 32004 10/01/2023 10/01/2023 Doan & Lily Thi ® $2100.00 ❑ 32005 10/01/2023 10/01/2023 El Monte Affordable Housing Partner ® $309.00 ❑ 32006 10/01/2023 10/01/2023 Jose Baudelio Delgado ® $570.00 ❑ 32007 10/01/2023 10/01/2023 Larry Mimms ® $1600.00 ❑ 32008 10/01/2023 10/01/2023 Jaime Jimenez ® $627.00 ❑ 32009 10/01/2023 10/01/2023 Ramiro Viramontes and Veronica ® $195.00 ❑ 32010 10/01/2023 10/01/2023 ® $1584.00 ❑ 32011 10/01/2023 10/01/2023 Fat Law ® $851.00 ❑ 32012 10/01/2023 10/01/2023 Kevin Kambor Kwong and Yuk Ming ® $1524.00 ❑ 32013 10/01/2023 10/01/2023 Dwight Chang ® $2460.00 ❑ 32014 10/01/2023 10/01/2023 Mozhgan Tavakoli ® $1638.00 ❑ 32015 10/01/2023 10/01/2023 Jun Tang ® $576.00 Copyright © 2011-2023, HAPPY Software, Inc. Check Register Report AZ 10/09/2023 Page 3 ❑ 32016 10/01/2023 10/01/2023 Anmelindon LLC ® $1714.00 ❑ 32017 10/01/2023 10/01/2023 Lourdes Vela ® $3821.00 ❑ 32018 10/01/2023 10/01/2023 Gilbert Roybal ® $966.00 ❑ 32019 10/01/2023 10/01/2023 Philip & Fanny Kwok ® $1578.00 ❑ 32020 10/01/2023 10/01/2023 Primrose Villa dba Oak Park -North ® $4412.00 ❑ 32021 10/01/2023 10/01/2023 Woodside Village Apartments LP ® $6941.00 ❑ 32022 10/01/2023 10/01/2023 Cynthia Pham ® $744.00 ❑ 32023 10/01/2023 10/01/2023 Katie Yau and Daniel Hong ® $3040.00 ❑ 32024 10/01/2023 10/01/2023 Fanny Chan ® $1100.00 ❑ 32025 10/01/2023 10/01/2023 Baldwin Rose LP ® $1850.00 ❑ 32026 10/01/2023 10/01/2023 Kwan and Mei Chiang ® $1399.00 ❑ 32027 10/01/2023 10/01/2023 Sergio Molina ® $338.00 ❑ 32028 10/01/2023 10/01/2023 Chuen Lau ® $1371.00 ❑ 32029 10/01/2023 10/01/2023 Tanya H Chen ® $2010.00 ❑ 32030 10/01/2023 10/01/2023 Dan Thanh Peng and Hoan Peng ® $1626.00 ❑ 32031 10/01/2023 10/01/2023 Peter N Wong or ® $1090.00 ❑ 32032 10/01/2023 10/01/2023 JM Lam Investment LLC ® $652.00 ❑ 32033 10/01/2023 10/01/2023 Ngoc Lieu ® $1252.00 ❑ 32034 10/01/2023 10/01/2023 Joseph H. Garcia ® $1427.00 ❑ 32035 10/01/2023 10/01/2023 Lark Ellen Village ® $12788.00 ❑ 32036 10/01/2023 10/01/2023 Xuyen Thach Han ® $3200.00 ❑ 32037 10/01/2023 10/01/2023 EZ APT LLC ® $1182.00 ❑ 32038 10/01/2023 10/01/2023 Kim Wah Wong and Sau Yi Wong ® $1478.00 ❑ 32039 10/01/2023 10/01/2023 Lucena A Ewing ® $4292.00 ❑ 32040 10/01/2023 10/01/2023 Jocelyn Jae Jhong ® $1449.00 ❑ 32041 10/01/2023 10/01/2023 Emilio De Jesus Cruz ® $206.00 ❑ 32042 10/01/2023 10/01/2023 Isabel R Sanchez ® $1760.00 ❑ 32043 10/01/2023 10/01/2023 Cienega Garden Apartments ® $6672.00 ❑ 32044 10/01/2023 10/01/2023 Vinh Hong Lai ® $3616.00 ❑ 32045 10/01/2023 11/01/2022 LPC 1829 E Workman Ave., LLC ® $27633.00 ❑ 32046 10/01/2023 07/01/2023 LPC 1829 E Workman Ave., LLC ® $22405.00 ❑ 32047 10/01/2023 10/01/2023 Doreen E Ewing ® $1337.00 ❑ 32048 10/01/2023 10/01/2023 Moller Property Management ® $1264.00 ❑ 32049 10/01/2023 10/01/2023 Olie Terrell Johnson ® $845.00 ❑ 32050 10/01/2023 10/01/2023 TPA/NASCH LLC, Westgate as a sole ® $3558.00 ❑ 32051 10/01/2023 10/01/2023 TDF LP - Pacific Towers c/o Winn ® $15627.00 ❑ 32052 10/01/2023 10/01/2023 Paul & Annie W Chau ® $934.00 ❑ 32053 10/01/2023 10/01/2023 Steven Eraj Espantman and Marta ® $1327.00 ❑ 32054 10/01/2023 10/01/2023 Gilbert Dominguez ® $12647.00 ❑ 32055 10/01/2023 10/01/2023 Eric Yu ® $1662.00 ❑ 32056 10/01/2023 10/01/2023 Up Hill Investment Inc. ® $1766.00 ❑ 32057 10/01/2023 10/01/2023 Dieu Van Huynh ® $973.00 ❑ 32058 10/01/2023 10/01/2023 Kelly Nguyen ® $1614.00 ❑ 32059 10/01/2023 10/01/2023 Vijay Gulati ® $4923.00 ❑ 32060 10/01/2023 10/01/2023 Nancy Mikhaiel ® $2581.00 ❑ 32061 10/01/2023 10/01/2023 Badillo Street Senior Apartments, LLC ® $23224.00 Copyright © 2011-2023, HAPPY Software, Inc. Check Register Report AZ 10/09/2023 Page 4 ❑ 32062 10/01/2023 10/01/2023 Monrovia Heritage Park LP Heritage ® $16471.00 ❑ 32063 10/01/2023 10/01/2023 Los Angeles County Housing Authority ® $7820.12 ❑ 32064 10/01/2023 10/01/2023 Tyler -Valley Metro Housing, LP ® $9634.00 ❑ 32065 10/01/2023 10/01/2023 James or Barbara Fox ® $1086.00 ❑ 32066 10/01/2023 10/01/2023 Mayra Ortega ® $1141.00 ❑ 32067 10/01/2023 10/01/2023 Sel Homes LLC ® $6757.00 ❑ 32068 10/01/2023 10/01/2023 Hui Chuan Wang ® $3806.00 ❑ 32069 10/01/2023 10/01/2023 725-731 W. Duarte Rd, LLC ® $982.00 ❑ 32070 10/01/2023 10/01/2023 Nhan Nguyen and Amy Tran ® $2948.00 ❑ 32071 10/01/2023 10/01/2023 Paul P Simon ® $2189.00 ❑ 32072 10/01/2023 10/01/2023 Puente Villa LLC ® $751.00 ❑ 32073 10/01/2023 10/01/2023 RAMONA BLVD. FAMILY ® $10041.00 ❑ 32074 10/01/2023 10/01/2023 AJG Realty Inc. ® $1892.00 ❑ 32075 10/01/2023 10/01/2023 Maria Martha Martinez ® $1422.00 ❑ 32076 10/01/2023 10/01/2023 Antonio & Aida Rinos ® $1065.00 ❑ 32077 10/01/2023 10/01/2023 Greater San Gabriel Valley Property ® $1144.00 ❑ 32078 10/01/2023 10/01/2023 Annette C Scott ® $1597.00 ❑ 32079 10/01/2023 10/01/2023 Denise Van Pham ® $3760.00 ❑ 32080 10/01/2023 10/01/2023 1024 Royal Oaks LP dba Whispering ® $15973.00 ❑ 32081 10/01/2023 10/01/2023 1024 Royal Oaks LP dba Whispering ® $12580.00 ❑ 32082 10/01/2023 10/01/2023 Derek Sim ® $1112.00 ❑ 32083 10/01/2023 10/01/2023 Josephine Tran ® $1139.00 ❑ 32084 10/01/2023 10/01/2023 Allan M. & Virginia J Chipp and Ralph ® $1061.00 ❑ 32085 10/01/2023 10/01/2023 Zi Jian Li ® $1883.00 ❑ 32086 10/01/2023 10/01/2023 Minh A Nguyen ® $1792.00 ❑ 32087 10/01/2023 10/01/2023 Jaime Barcena ® $1250.00 ❑ 32088 10/01/2023 10/01/2023 Monica D Mao ® $1377.00 ❑ 32089 10/01/2023 10/01/2023 Shiu-Ein Huang ® $264.00 ❑ 32090 10/01/2023 10/01/2023 LAI MING LEUNG ® $489.00 ❑ 32091 10/01/2023 10/01/2023 The Promenade Housing Partners, LP ® $5083.00 ❑ 32092 10/01/2023 10/01/2023 Paramjit S Nijjar ® $2701.00 ❑ 32093 10/01/2023 10/01/2023 Rosa Beltran ® $1643.00 ❑ 32094 10/01/2023 10/01/2023 James Ronald Nguyen ® $1208.00 ❑ 32095 10/01/2023 10/01/2023 David Wagner ® $1206.00 ❑ 32096 10/01/2023 10/01/2023 Ynfante Holdings I, LLC ® $1084.53 ❑ 32097 10/01/2023 10/01/2023 Roman Basin ® $1059.00 ❑ 32098 10/01/2023 10/01/2023 Sandhya Kal and Padma Kal ® $1435.00 ❑ 32099 10/01/2023 10/01/2023 K. Carl and Zitta A Setian ® $1395.00 ❑ 32100 10/01/2023 10/01/2023 Nomer Lacson ® $2117.00 ❑ 32101 10/01/2023 10/01/2023 Anna & Simon Choi ® $1369.00 ❑ 32102 10/01/2023 10/01/2023 Chung Thi Pham ® $2571.00 ❑ 32103 10/01/2023 10/01/2023 Rosie Leon ® $1263.00 ❑ 32104 10/01/2023 10/01/2023 Roy Lam ® $1384.00 ❑ 32105 10/01/2023 10/01/2023 Golden Dragon Properties LLC c/o ® $840.00 ❑ 32106 10/01/2023 10/01/2023 Nancy H Shen ® $719.00 ❑ 32107 10/01/2023 10/01/2023 Joe Clark ® $1589.00 Copyright © 2011-2023, HAPPY Software, Inc. Check Register Report AZ 10/09/2023 Page 5 ❑ 32108 10/01/2023 10/01/2023 Richard A DaSylveira ® $296.00 ❑ 32109 10/01/2023 10/01/2023 M B Equity LLC ® $1450.00 ❑ 32110 10/01/2023 10/01/2023 Sara Romo ® $1961.00 ❑ 32111 10/01/2023 10/01/2023 T & P Property LLC ® $945.00 ❑ 32112 10/01/2023 10/01/2023 Singing Wood Senior Housing LP ® $16272.00 ❑ 32113 10/01/2023 10/01/2023 Michael H Phuong ® $1067.00 ❑ 32114 10/01/2023 10/01/2023 Stara B. Mamdani ® $2239.00 ❑ 32115 10/01/2023 10/01/2023 Joseph Pham ® $820.00 ❑ 32116 10/01/2023 10/01/2023 Garvey Senior Affordable Partners, LP ® $0.00 ❑ 32117 10/01/2023 10/01/2023 Ryan Kinpong Woo and Ching King ® $894.00 ❑ 32118 10/01/2023 10/01/2023 Mei Yan Chen ® $1215.00 ❑ 32119 10/01/2023 10/01/2023 Shawn Hui Zhen ® $2577.00 ❑ 32120 10/01/2023 10/01/2023 Fred Lau ® $682.00 Total $715,943.21 Average $1,292.32 Unit Count 533 Average Weighted by Unit Count $1,355.61 Hard to House Count Copyright © 2011-2023, HAPPY Software, Inc. Check Register Report AZ 10/09/2023 Page 6 ff 9 l 0 W.W W TO: Chair and Members of the Housing Authority FROM: Rose Tam, Director of Finance sa" �AgR'E� PREPARED BY: Anthony Ceballos, Accountant DATE: October 18, 2023 SUBJECT: Treasurer's Report HA — August 2023 SUMMARY Attached is the Treasurer's Report for the month of August 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 August 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 TREASURERS REPORT 013112023 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET 1:77 DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE I State o1Canto umlaLocal Agency investment City -Including General Fund & all other Special Revenue Funds 3A34% Varies Varies S 50,933,235A5 1i 50,933,235AS 50,933,235.45 6 50,933,235.45 Housing Authority 3A341 Varies Varies 413sit 40,98 41188 413.88 50,433,649,33 50,933,64933 50,933,649.33 50,933,649.33 Certificate of Deposit Traditions Bancorp Inc, (Cambridge Investment Research) 4.65% 11M/2022 111412024 250,000,00 2$0,000.00 250.000.00 247,390.00 250,000.00 250,000,00 250,000.00 247,390.00 US Government Agency Notes Federal Farm CR BKS Bond (Mutual Securities) 4.125% 912612022 1011712023 3,000,000.00 3,000,000.00 3,000,00.00 2,994,570.00 Federal Home Loan BA SER IT-8024 (Mutual Securities), 5.000% 211512023 21012024 2,000,000X0 2,000,00O.00 2,000,000-00 1,994,800.00 Federal Home Loan BA SER 5C-8024 (Mutual Securities) 5.520% 71312023 6i2812024 1,000,000.00 1,000,000,00 1,000,000.00 997,110.00 Federal Home Loan BA SER SG-9024 (Mutual Securities) 5,625% 712412023 10124)2024 1,000,000.00 1,000,000.00 1,000,000.00 996,800.00 7,000,000.00 7,000,000.00 000,00.00 6,98a,280.00 US Treasury Note United States Treas SER BE,8024 IMulual Securities) 3.000% 111312023 713112024 6,500,000AD 6,500,000.00 6,500,000.00 6,359,060.00 6,50%000.00 6,500,000.00 500,000.00 6,359,860.00 ga- e �Accoij Accounts Fiscal Agent Funds (Trustioebt Service Fundy._ Varies Varies Varies 3,760,191.61 3,760,191,61 3,760,191.61 3,760,191.61 Fiscal Agent Funds- Successor Agency (TrusUDebt Service Fund) Varies Varies Varies 888,006,03 888,006.03 888,006.03 888,006.03 4,648,--19764 4,648,197.64 4,648,197,64 S 69,331,846.97 ml 69,334,846.97 _s 69,331,846.97 Total investments $ 69,331,846.97 Cash vvith Bank of the West City Checking (General) 2,38$,005.21 City Miscellaneous Cash (WIC, FIR) 395,58628 CNG Station 2.00 Housing Authority 1,195,967.06 Money Market Pius 4,043,27632 Successor Agency 37,667.57 Total Cash with Bank of the West 8,057,404.84 Investment Brokerage (Cash & Cash Equivalents) 15,133,9 Total Cash and Investments $ 77,404,386.76 * Schedule of Cash and Investments includes city-wide assets as included In the Comprehensive Annual Financial Report. There was no investment maturity/purchase transactions made for the month of August 2023 and no depositstwithdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient Investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the ITOXt SIK months that all investments are in compliance to the Citys Statement of Investment Policy. Approved by: K 5, Rose Tam Director of Finance FOUNDATION WMERWASIMIRMIUM ■ a October 18, 2023,i ' nw,m' t= 1 f p Chair Emmanuel J. Estrada Vice Chair Monica Garcia Board Member Alejandra Avila Board Member Jean M. Ayala Board Member Daniel Damian We welcome your interest and involvement in the City's legislative process. This agenda includes information about topics coming before the Charitable Relief Foundation 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. Please Note: Electronic devices are to be turned off while meetings are in session. How to watch The City of Baldwin Park provides two ways to watch a Charitable Relief Foundation meeting: In Person Most Planning Commission meetings take place at City Hall, 14403 E. Pacific Ave., Baldwin Park, CA 91.706 Reasonable Accommodations Online .14 4 C� Audio streaming will be available at httos://www.voutube.com/channel/UCFLZO dDFRiv59rhiDZ13Fa/featured?view as=subscriber http://baldwinpark rranicus.com/ViewPublisher.php?view id=10 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. In compliance with the ADA, if you need special assistance for the meeting, please contact the City Clerk's Office at (626) 960-4011 ext. 466 or squinones(&baldwinpark.com. within 24 hours prior to the meeting so the City can make reasonable arrangements to ensure accessibility. WI f ff f1' 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 pc-commentsC&baldwinpark.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. PUBLIC COMMUNICATIONS NEW BUSINESS 1. Adoption of Resolution with the Board of Directors for Navidad en el Barrio, Inc., Christmas campaign entitled, "Resolution of the Board of Directors Program Year 2023" It is recommended that the Board of the Baldwin Park Charitable Relief Foundation: 1) Adopt Resolution with the Board of Directors for Navidad en el Barrio, Inc., Christmas Campaign entitled, "RESOLUTION OF THE BOARD OF DIRECTORS PROGRAM YEAR 2023" and; 2) Authorize the Chair of the Baldwin Park Charitable Relief Foundation to execute further documents. ADJOURNMENT 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 s uinones &baldwin arl< 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 11) 7 TO: Chair and Members of the Charitable Relief Foundation HI�BOE :.,'A '' THEFROM: Manuel Carrillo, Director of Recreation and Community Services JANL) DATE: October 18, 2023 SUBJECT: Adoption of Resolution with the Board of Directors for Navidad en el Barrio, Inc., Christmas campaign entitled, "Resolution of the Board of Directors Program Year 2023" SUMMARY The purpose of this staff report is to request the adoption of Resolution with the Board of Directors for Navidad en el Barrio, Inc., Christmas Campaign to participate in the discounted holiday food basket program to support the Baldwin Park Charitable Relief Foundation Annual Holiday Basket Giveaway. RECOMMENDATION It is recommended that the Board of the Baldwin Park Charitable Relief Foundation: 1) Adopt Resolution with the Board of Directors for Navidad en el Barrio, Inc., Christmas Campaign entitled, "RESOLUTION OF THE BOARD OF DIRECTORS PROGRAM YEAR 2023" and; 2) Authorize the Chair of the Baldwin Park Charitable Relief Foundation to execute further documents. FISCAL IMPACT There is a $2,000.00 fiscal impact to the Baldwin Park Charitable Relief Foundation budget to secure the 400 baskets from Navidad en el Barrio. Funding for the Food Collaborate Program (FCP) was appropriated City's FY 23-24 Budget in the amount of $185,087.31 from the American Rescue Plan Act. The expenditures associated with the additional supplemental food to fill up the baskets for the Food Basket Program qualify under the FCP for approximately expenditure of $25,000.00. BACKGROUND The Baldwin Park Charitable Relief Foundation participates in the annual holiday food basket program that distributes 400 food baskets to families and individuals who are Baldwin Park residents and who are in need of assistance during the holiday season. The food basket program is a collaborative effort between the Baldwin Park Charitable Relief Foundation, City of Baldwin Park, Navidad en el Barrio along with other local Supermarkets in the City. Navidad en el Barrio Inc. through the Christmas Campaign offers food baskets for distribution at a discounted rate on only $5.00 that includes; Randall Farms Chicken, Cheese, Drinks, Rice, Corn Tortillas, Canned Vegetables, Beans, and mixture fresh produce of fruit and vegetables. The City will be purchasing additional supplemental food at a discount price from D & D Wholesale Distributions Inc. as well as boxes for distribution. In addition, D & D Wholesale Distributions Inc., donates fresh food to supplement the content on the food baskets. The Department of Recreation of Community Services will be putting together a food drive campaign with local businesses and other agencies in the City. Page 1 / 2 The assembly of the food baskets and distribution is coordinated with community volunteers. The food basket holiday program is scheduled for Saturday, December 16, 2023. Interested applicant is required to submit a Food Basket Application prior to the December 9, 2023, deadline. Applicants must be Baldwin Park residents only order to qualify for the program. ALTERNATIVES The alternative is not to adopt the resolution. LEGAL REVIEW None is required. ATTACHMENTS 1. Resolution of the Board of Directors Program Year 2023 Page 2 / 2 RESOLUTION of the Board of Directors Program Year 2023 AGENCY NAME Baldwin Park Charitable Relief Foundation NO OF BASKETS 400 The Board of Directors of _Baldwin Park Charitable Relief Foundation will participate in the Navidad En El Barrio, Inc., Christmas Campaign; the board authorizes the corporation to execute the Navidad En El Barrio 2023 Agency Agreement; and to certify to Navidad En El Barrio, Inc. that if any agency staff or board member is a staff or board member of Navidad En El Barrio, Inc., that person is N.A . On motion duly made, recorded and unanimously carried, the following resolution was adopted: RESOLVED, that Baldwin Park Charitable Relief Foundation (name of agency) Is authorized to participate in the 2023 Navidad En El Barrio, Inc., Christmas campaign; that the corporation may execute the Navidad En El Barrio 2023 Agency Resolution Agreement. Signed Emmanuel J. Estrada, Chair CERTIFICATE OF CITY CLERK I certify that I am duly elected City Clerk of the Board of Directors of City of Baldwin Park, a California non-profit corporation and that the above Resolution was passed by unanimous vote of the Board of Directors on October 18, 2023. Executed on October 18 2023 at Baldwin Park California. Signed Christopher Saenz, City Clerk A Navidad En El Barrio Document