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HomeMy WebLinkAbout10.02.24 Staff ReportAgenda October 02, 2024,, lI ' Mayor Emmanuel J. Estrada Mayor Pro Tem Jean M. Ayala Councilmember Alejandra Avila Councilmember Daniel Damian Councilmember Monica Garcia 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. The City of Baldwin Park provides two ways to watch a City Council meeting: In Person Online ®r- Most City Council meetings take Audio streaming will be available at https://www.youtube.com/channel/UCFLZO dDFR�y59rhiD213Fr�/featured?view as=subscriber place at City Hall, 14403 E. Pacific http://baldwinpark.granicus.comNiewPubtisher.phpNiew 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. Public Communication 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 commentsL&baldwinpark.com. Written comments will be distributed and will be made part of the written record but will NOT be read verbally at the meeting. 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 (11la0Lomas IUtua[lirI[elm OPEN SESSION/STUDY SESSION RECESS CLOSED SESSION 1. Conference with Legal Counsel — Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: A. Case: K8 Investor Holding, LLC Case No. 2:23-CV-02428-SVW(PVCx) vs City of Baldwin Park 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) Agenda a October 11 2024, :00 PM Mayor Emmanuel J. Estrada Mayor Pro Tem Jean M. Ayala Councilmember Alejandra Avila Councilmember Daniel Damian Councilmember Monica Garcia 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. How to watch The City of Baldwin Park provides two ways to watch a City Council meeting: In Person in Most City Council meetings take place at City Hall, 14403 E. Pacific Ave., Baldwin Park, CA 91706 Online Audio streaming will be available at https://www. youtube.com/channei/UCFLZO dDFRiy59rhiDZ13Fglfeature0view as=subscriber h ://baldwinp A.granicus.comNiewPublisher.phhp?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. Please contact the City Clerk's Ogee at (626) 960-4011. 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. Public Communication 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 commentsL&baldwinpark.com. Written comments will be distributed and will be made part of the written record but will NOT be read verbally at the meeting Notice Regarding California Environmental Quality Act (CEQA) Determinations Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters listed in this Agenda are considered "projects" under CEQA, their appropriate CEQA determination will be listed below each recommendation. If no CEQA determination is listed, it has been determined that the action does not constitute a "project" under CEQA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE REPORT FROM CLOSED SESSION ANNOUNCEMENTS PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Presentation — 2024 San Gabriel Valley Council of Governments (SGVCOG) Updates presented by Brielle Salazar, Regional Housing Trust Manager Presentation — Water Supply Updates presented by Valley County Water District General Manager, Jose Martinez. 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. City of Baldwin Park's Warrants and Demands Staff recommends that the City Council ratify the attached Warrants and Demands Register. 2. Meeting Minutes of September 18, 2024 It is recommended that the City Council approve the following meeting minutes of the Special City Council Meeting, Regular City Council Meeting, Finance Authority Meeting and the Housing Authority Meeting held on September 18, 2024. 3. Approval of a Master Services Agreement with OpenGov Inc., for the Implementation of an Asset Management Software System for the Department of Public Works Staff recommends that Council: I. Approve the cancellation of OpenGov's Budgeting and Planning software module and authorize the implementation of OpenGov's Asset Management software including the transfer of remaining budgeted funds and contract credits to be applied towards implementation and subscription costs for the new system; and, 2. Authorize the Mayor to execute the Master Services Agreement, and related documents with OpenGov in an amount not to exceed $175,200.00 for an initial term of two years and four months, with additional three one-year renewal options for the implementation and subscription of the Asset Management software including annual fee for integration with the Government Outreach GoGov portal; and, 3. Authorize the Director of Finance to make all necessary appropriations and budget amendments for the term of the Agreement. 4. Approval of Resolution No. 2024-044 for a One -Time City Hall Closure It is recommended that the City Council: 1. Approve Resolution No. 2024-044 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, approving a one-time City Hall closure from December 23, 2024 through January 3, 2025, 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 18, 2024, January 1, 2025 and July 2, 2025 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. 5. Adoption of Resolution No. 2024-045 Requesting the California Insurance Commissioner, State Legislature, and the Governor take Emergency Action to Strengthen and Stabilize California's Marketplace for Homeowners and Commercial Property Insurance It is recommended that the City Council adopt Resolution No. 2024-045 entitled "A Resolution of The City Council of the City of Baldwin Park, California, Requesting the California Insurance Commissioner, State Legislature, and the Governor take Emergency Action to Strengthen and Stabilize California's Marketplace for Homeowners and Commercial Property Insurance." 6. Award of Contract for City Project No. CIP 24-001-55027 — Morgan Park Restroom Improvements Staff recommends that the City Council: 1. Determine that the bid submitted by CO Brothers LLC is a non -responsive bid; and 2. Approve and award the construction contract to Corral Construction Development, Inc. of Commerce, CA in the amount of $403,039.00; and, 3. Authorize the Director of Public Works to negotiate and execute an agreement with the City's on -call consultants for construction management and inspection services in an amount not -to -exceed $34,258.00; and, 4. Authorize a 12% construction contingency in an amount not -to -exceed $48,365.00; and 5. Authorize the Mayor and City Clerk to execute the contract with Corral Construction Development, Inc. 7. Purchase of Additional Gym Equipment for the Police Gym Facility It is recommended that the City Council 1. Approve the purchase of Fitness Equipment for $5,699.15 using the Police Grant Fund #271; and 2. Authorize the Director of Finance to appropriate funds from Fund #271 and make necessary budget adjustments/transfers within the same fund. PUBLIC HEARING REPORTS OF OFFICERS 8. Approval of Contract with A -I Concrete & Construction Inc. for the McNeill Manor Senior Housing roof replacement and appropriate funds for the relocation of seven Public Housing tenants. It is recommended that the City Council: 1. Authorize Director of Community Development to Execute the Contract with A-1 Concrete & Construction Inc.; and 2. Authorize the Director of Finance to appropriate available funds in the order of Public Housing Fund #905, ARPA Fund #275, and Community Enhancement Fund #210 to pay as we go for part of tenant relocation assistance with an estimated cost of $94,000 for the relocation costs; and $165,000 (includes 10% contingency) to replace the McNeill Manor Senior Housing roof while the Housing Authority (HA) is processing an application for the HUDs Emergency/Disaster Grant and awaiting for insurance assessment; and to make necessary budget adjustments and create new account numbers. CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION Mayor Estrada seek consensus from the City Council in directing staff to bring back an update on the Hometown Heros Military Banners. Councilmember Damian seeks consensus from the City Council in directing Staff to install a camera security system and other safety measures at the recently dedicated Susan Rubio Zocalo Park and Civic Center Plaza to ensure its continued enjoyment by the community. 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 34.102.1.04 ADA TITLE II) ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance sn �a�R'E� PREPARED BY: Ana Zhang, Senior Finance Clerk Jarruw DATE: October 2, 2024 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 $585,343.98 and the attached General Warrants Register was $1,163,889.42 for a total amount of $1,749,233.40. 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: The last payroll of the City of Baldwin Park consists of check numbers 202610 to 202627 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 49802 to 50077 for the period September 1, 2024, through September 14, 2024 inclusive; these are presented and hereby ratified in the amount of $585,343.98. 2. General Warrants, with the electronic fund transfer (EFT) bank drafts in the amount of $220,075.19 and checks from 247999 to 2481.65 in the amount of $943,813.93 for the period of September 1.0, 2024 to September 23, 2024, inclusive; in the total amount of $1,163,889.42 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 Check Register rar City of Baldwin Park, CA By (None) �S kti t Payment Dates 9/10/2024 - 9/23/2024 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 1074 09/13/2024 CALIFORNIA NEWSPAPERS PARTNERSHIP LEGAL NOTICE PLACED VIA COLUMN PACKAGE 8/30/2024 220-40-420-53330-14700 $ 921.24 247999 09/12/2024 BIG STUDIO SHIRTS FOR PRIDE OF THE VALLEY 5K PARTICIPANTS 100-60-610-53100-16146 $ 6,945.47 248000 09/12/2024 BRENDA RAZO PAYMENT OF CONTRACT SERVICES 501-60-000-22328-00000 $ 494.00 248001 09/12/2024 CITY OF EL MONTE JUL 2024-FUEL FOR TRANSIT SERVICES 244-50-580-51100-15525 $ 10,619.58 248002 09/12/2024 FM BODY & CLASSIC RESTORATION, INC REPAIRS OF CITY & POLICE VEHICLES -UNIT 3139-8/8/24 402-50-590-5337 1 -00000 $ 3,777.31 248002 09/12/2024 FM BODY & CLASSIC RESTORATION, INC REPAIRS OF CITY & POLICE VEHICLES -UNIT 3139-8/8/24 402-50-591-5337 1 -00000 $ 12,500.00 248003 09/12/2024 FORTEL TRAFFIC INC. UPGRADES TO CITYWIDE SPEED FEEDBACK SIGNS, 255-50-520-58110-55036 $ 32,385.60 248004 09/12/2024 GOGOV, INC. LICENSE RENEWAL OF GOREQUEST CRM-I 1/1/24-10/31/25 401-10-140-53379-00000 $ 7,900.00 248005 09/12/2024 GRACIELA BANUELOS ARPA SENIOR TRIPS & EVENTS REIM PROGRAM 4/1/2023 275-60-726-53370-16074 $ 15.00 248006 09/12/2024 INTERSTATE BATTERIES BATTERIES FOR CITY AND POLICE VEHICLES 402-50-590-53100-00000 $ 312.29 248006 09/12/2024 INTERSTATE BATTERIES BATTERIES FOR CITY AND POLICE VEHICLES 402-50-591-53100-00000 $ 312.29 248007 09/12/2024 LORRAINE MENDEZ JUL 2024-PREPARATION&SUBMISSION OF HUD REPORTS 220-40-420-51101-14700 $ 1,215.00 248007 09/12/2024 LORRAINE MENDEZ JUL 2024-PREPARATION&SUBMISSION OF HUD REPORTS 221-40-420-51101-14705 $ 540.00 248007 09/12/2024 LORRAINE MENDEZ AUG 2024-PREPARATION&SUBMISSION OF HUD REPORTS 220-40-420-51101-14700 $ 5,535.00 248007 09/12/2024 LORRAINE MENDEZ AUG 2024-PREPARATION&SUBMISSION OF HUD REPORTS 221-40-420-51101-14705 $ 270.00 248008 09/12/2024 PHILLIP WENER LEADERSHIP DEVELOPMENT FROG 11/10-11/11/2021 501-30-000-22410-00000 $ 32.00 248009 09/12/2024 SHARON GRACE SANCHEZ PMT OF YOGA CLASS SERVICE FROM 4/3/23-4/24/23 501-60-000-22328-00000 $ 32.00 248010 09/12/2024 YESSENIA SALDANA REND BASIC SUBSIDY FOR WEEK 21 THRU WEEK 22ND 275-60-710-53370-16077 $ 108.00 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-ENERGY ADVICE 450-40-130-51102-62102 $ 560.00 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-ADMINISTRATION/CITY COUNCIL 100-10-130-51102-11102 $ 3,849.50 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-HUMAN RESOURCES 100-10-130-51102-11103 $ 185.50 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-COMMUNITY DEVELOPMENT 100-40-130-51102-14200 $ 19,083.25 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-POLICE DEPARTMENT 100-30-130-51102-13405 $ 2,650.00 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-PUBLIC WORKS 100-50-130-51102-15080 $ 79.50 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-PARKS AND RECREATION 100-60-130-51102-16175 $ 3,710.00 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-CITY CLERK 100-10-130-51102-11102 $ 194.50 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-GOV CLAIMS&LITIGATION MGMT-CITY PORTION 100-10-130-51102-11102 $ 1,902.82 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-GOV CLAIMS&LITIGATION MGMT-GEN LIABILITY 403-10-131-51102-00000 $ 5,273.50 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-COUNCIL MEETINGS AND OFFICE HOURS 100-10-130-51102-11102 $ 13,294.00 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-CODE COMPLIANCE MATTERS 100-40-130-51102-14200 $ 3,039.90 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-PUBLIC RECORDS ACT/HANDELED BY ARC (PRA) 100-10-130-51102-11060 $ 8,928.40 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-TELECOMMUNICATIONS MATTERS 100-10-130-51102-11102 $ 264.00 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-BKK CLASS I LANDFILL 403-10-150-51102-11106 $ 2,986.50 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-ZOCALO PARK DISPUTES 403-10-131-51102-00000 $ 4,405.50 248011 09/12/2024 BEST BEST & KRIEGER LLP JUN 2024-BARNES PARK PROJECT 403-10-131-51102-00000 $ 3,399.00 248013 09/12/2024 SOUTHLAND TRANSIT, INC. FIXED ROUTE SERVCIES JULY 2024 244-50-580-51100-15525 $ 118,599.72 248013 09/12/2024 SOUTHLAND TRANSIT, INC. FUEL COST JULY 2024 245-50-580-51100-15520 $ 3,541.09 248013 09/12/2024 SOUTHLAND TRANSIT, INC. DIAL -A -RIDE SERVICES JULY 2024 244-50-580-51100-15520 $ 30,733.42 248013 09/12/2024 SOUTHLAND TRANSIT, INC. FAREBOX REVENUE JULY 2024 244-50-000-42151-00000 $ (3,002.00) 248013 09/12/2024 SOUTHLAND TRANSIT, INC. FAREBOX REVENUE JULY 2024 244-50-000-4215 1 -00000 $ (215.00) 248014 09/12/2024 SAN GABRIEL VALLEY HABITAT FOR HUMANITY, INC. CRITICAL REPAIRS OWNER OCCUPIED REHAB PROGRAM #2 200-40-420-51101-14801 $ 200,000.00 248015 09/12/2024 AGRISERVE PEST CONTROL INC WEED CONTROLS THROUGHOUT THE CITY-8/9/2024 240-50-560-51101-00000 $ 2,760.00 248016 09/12/2024 AMANDA GAGNON ARPA REIM-YOUTH FOOTBALL REGISTRATION 275-60-734-53370-16070 $ 400.00 248017 09/12/2024 ARTHUR MIJARES ARPA REIM-REGIST-YOUNG STARS-6/22-8/10/2024 275-60-734-53370-16070 $ 110.00 248017 09/12/2024 ARTHUR MIJARES ARPA REIM-REGIST-TUFF KIDZ-8/1-8/29/2024 275-60-734-53370-16070 $ 50.00 248018 09/12/2024 AUTOMATION SOLUTIONS, INC. ELECTRICAL REPAIRSn,RAMONA BLVD-8/21&22/2024 240-50-562-51101-00000 $ 3,419.29 248019 09/12/2024 BALDWIN PARK INVESTMENTS, INC. JUL 2024-CARWASH FOR ALL CITY&POLICE VEHICLES 402-50-590-51101-00000 $ 470.00 248019 09/12/2024 BALDWIN PARK INVESTMENTS, INC. JUL 2024-CARWASH FOR ALL CITY&POLICE VEHICLES 402-50-591-51101-00000 $ 470.00 248020 09/12/2024 BEN GENTRY PROPERTIES LP PAY RENT FOR GARCIA-SGVCO'S HOUSING-6/1-8/31/24 270-60-610-53370-16065 $ 2,674.00 248021 09/12/2024 BEST ENTERTAINMENT & EVENTS INC BUBBLE PLAY -GRAND OPENING-ZOCALO PARK-9/14/2024 200-25-299-53100-00000 $ 568.00 248022 09/12/2024 BILL WRIGHT'S PAINT SUPPLIES FOR THE TRAFFIC CONTROL DIVISION 240-50-550-53100-15705 $ 483.85 248023 09/12/2024 BMO BANK N.A. PUBLIC MEMBERSHIP DUES 100-40-400-53330-00000 $ 125.00 248024 09/12/2024 BMO BANK N.A. HOTEL ROOM -PARTICIPANTS OF BASKETBALL-8/5-9/3 100-25-299-53370-00000 $ 1,373.24 248024 09/12/2024 BMO BANK N.A. HOTEL ROOM -PARTICIPANTS OF BASKETBALL-8/5-8/12 100-25-299-53370-00000 $ 926.66 248024 09/12/2024 BMO BANK N.A. PRINTING SRVC OF PRESENTATION BOARDS -DOWNTOWN ST 100-60-610-51100-16101 $ 527.11 248024 09/12/2024 BMO BANK N.A. DELIVERY SRVC-WALKIE TALKIE EARPIECES 7/29/2024 100-60-610-53100-00000 $ 27.87 248024 09/12/2024 BMO BANK N.A. PURCHASE OF PUNCHING BAG SWIVELS 100-60-610-53100-16130 $ 330.72 248024 09/12/2024 BMO BANK N.A. SG VALLEY NEWS SUBSCRIPTION 100-60-610-53330-00000 $ 26.00 248024 09/12/2024 BMO BANK N.A. PRINTING SRVC OF FLYERS-ZOCALO PARK GRAND OPENING 200-25-299-53100-00000 $ 615.28 Page 1 of 6 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 248025 09/12/2024 BMO BANK N.A. SGV NEWSPAPER ONLINE SUBSCRIPTION FOR CM AVILA 100-10-100-53330-11009 $ 18.00 248025 09/12/2024 BMO BANK N.A. LA TIMES ONLINE SUBSCRIPTION FOR CEO 100-10-110-53330-00000 $ 116.00 248025 09/12/2024 BMO BANK N.A. SGV NEWSPAPER ONLINE SUBSCRIPTION FOR CEO 100-10-110-53330-00000 $ 18.00 248025 09/12/2024 BMO BANK N.A. LUNCH FOR CITY STAFF -THE AB 1234 TRAINING 8/22/24 100-10-150-53200-00000 $ 56.50 248025 09/12/2024 BMO BANK N.A. LUNCH FOR CITY STAFF -THE AB 1234 TRAINING 8/22/24 100-10-150-53200-00000 $ 339.02 248026 09/12/2024 BMO BANK N.A. FOOD FOR PROGRAM SUPERVISOR INTERVIEWS 100-10-150-51101-11124 $ 29.05 248026 09/12/2024 BMO BANK N.A. EQUIPMENT MECHANIC INTERVIEWS 100-10-150-51101-11124 $ 64.35 248026 09/12/2024 BMO BANK N.A. SUPPLIES FOR EMPLOYEE APPRECIATION EVENT 100-10-150-53370-11123 $ 89.25 248026 09/12/2024 BMO BANK N.A. KARAOKE MACHINE FOR EMPLOYEE ENGAGEMENT EVENTS 100-10-150-53370-11123 $ 187.41 248026 09/12/2024 BMO BANK N.A. SUPPLIES FOR EMPLOYEE APPRECIATION EVENT 100-10-150-53370-11123 $ 31.95 248026 09/12/2024 BMO BANK N.A. EQUIPMENTS FOR 2ND LACTATION FLOOR ROOM 403-10-160-53390-00000 $ 200.62 248027 09/12/2024 BMO BANK N.A. PRIME SUBSCRIPTION 401-10-140-53330-00000 $ 197.35 248028 09/12/2024 BMO BANK N.A. RUBBER DROP POCKETS FOR POOL TABLES 275-60-765-58110-56002 $ 836.59 248029 09/12/2024 CARLA GUTIERREZ BALLOON&PAPEL PICADO BACKDROP -GRAND OPENING-9/14 200-25-299-53100-00000 $ 250.00 248030 09/12/2024 CHARLENE CASTILLO ARPA REIM-YOUTH FOOTBALL REGISTRATION 275-60-734-53370-16070 $ 400.00 248031 09/12/2024 CHICAS GRAPHICS AND DESIGN FLYERS FOR TRANSIT SURVEY 244-50-580-53320-15525 $ 132.30 248031 09/12/2024 CHICAS GRAPHICS AND DESIGN ILLEGAL DUMP NOTICE DOOR HANGER 240-50-551-53100-15705 $ 1,433.25 248031 09/12/2024 CHICAS GRAPHICS AND DESIGN ILLEGAL DUMP NOTICE DOOR HANGER 240-50-551-53100-15705 $ 332.55 248032 09/12/2024 DAVID LEON PER DIEM-PMW POLICE BUDGET-10/7-10/10/2024 100-30-310-53200-00000 $ 259.00 248033 09/12/2024 DIAZ BAKERY SWEET BREAD -GRAND OPENING-ZOCALO PARK-9/14/24 200-25-299-53100-00000 $ 50.00 248034 09/12/2024 EVAN MARTIN PER DIEM -INTERNAL AFFAIRS SEMINAR-10/9-10/10/2024 100-30-310-53200-00000 $ 16.00 248035 09/12/2024 EWING IRRIGATION, INC. 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SUPPLIES FOR VISOR TRANSMITTER 246-50-540-53100-15005 $ 118.24 248040 09/12/2024 HINDERLITER, DE LLAMAS & ASSOCIATES SALES TAX- JUL-SEP 2024 100-25-299-51100-12410 $ 1,072.37 248041 09/12/2024 HER MEDIA, LLC PUBLIC NOTICE FOR PLANNING-8/15/2024-5020 HEINTZ 270-50-520-58100-55022 $ 234.00 248041 09/12/2024 HER MEDIA, LLC PUBLIC NOTICE-8/29/2024-WHOUSE ZTA&5124 HEINTZ 270-50-520-58100-55022 $ 456.00 248042 09/12/2024 HOME DEPOT A#23247-SUPPLIES FOR TRAFFIC MAINTENANCE 240-50-550-53100-15705 $ 55.08 248042 09/12/2024 HOME DEPOT A#23247-SUPPLIES FOR ST MAINTENANCE 240-50-551-53100-15705 $ 30.77 248042 09/12/2024 HOME DEPOT A#23247-SUPPLIES FOR TRAFFIC MAINTENANCE 240-50-550-53100-15705 $ 245.81 248042 09/12/2024 HOME DEPOT A#23247-SUPPLIES FOR TRAFFIC MAINTENANCE 240-50-550-53100-15705 $ 6.58 248042 09/12/2024 HOME DEPOT A#23247-SUPPLIES FOR STREET LANDSCAPE 245-50-560-53100-00000 $ 503.85 248042 09/12/2024 HOME DEPOT A#23247-SUPPLIES FOR ST MAINTENANCE 240-50-551-53100-15705 $ 11.19 248042 09/12/2024 HOME DEPOT A#23247-SUPPLIES FOR STREET LANDSCAPE 245-50-560-53100-00000 $ 233.73 248042 09/12/2024 HOME DEPOT A#23247-SUPPLIES FOR ST MAINTENANCE 240-50-551-53100-15705 $ 85.86 248042 09/12/2024 HOME DEPOT A#23247-SUPPLIES FOR THE GRAFFITI PROGRAM 240-50-570-53100-14885 $ 185.10 248042 09/12/2024 HOME DEPOT A#23247-SUPPLIES FOR TRAFFIC MAINTENANCE 240-50-550-53100-15705 $ 402.96 248043 09/12/2024 ISAURO RIOS ENTERTAINMENT-TAMBORAZO DE LA-ZOCALO PARK-9/14/24 200-25-299-53100-00000 $ 1,550.00 248044 09/12/2024 ISRAEL RODAS PER DIEM -ICI ADVANCED GANG-9/29-10/4/2024 100-30-310-53200-00000 $ 407.00 248045 09/12/2024 JANET MEZA-AVILA REISSUE PAYMENT FOR LOST PAYROLL CHECK#199682 999-00-000-10010-00000 $ 231.36 248045 09/12/2024 JANET MEZA-AVILA REISSUE PAYMENT FOR LOST PAYROLL CHECK#200283 999-00-000-10010-00000 $ 67.26 248046 09/12/2024 JENNIFER GOMEZ ARPA REIM-YOUTH FOOTBALL REGISTRATION 275-60-734-53370-16070 $ 400.00 248047 09/12/2024 JESSENIA MONTOYA ARPA REIM-YOUTH FOOTBALL REGISTRATION 275-60-734-53370-16070 $ 400.00 248047 09/12/2024 JESSENIA MONTOYA ARPA REIM-REGIST-YOUTH CHEER REGISTRATION 275-60-734-53370-16070 $ 946.00 248048 09/12/2024 JESSICA SERRANO PER DIEM -ICI IDENTITY THEFT INVEST.-7/10-7/11/2024 100-30-310-53200-00000 $ 40.00 248049 09/12/2024 JUAN CHAVEZ IRRIGATION REPAIRS CITY HALL FRONT LAWN 245-50-562-53371-15537 $ 1,930.00 248050 09/12/2024 JUAN PEREZ C&D DEPOSIT REFUND-14133 OHIO ST-B00-022-344 246-00-000-22540-00000 $ 439.00 248050 09/12/2024 JUAN PEREZ C&D DEPOSIT REFUND-14133 OHIO ST-B00-022-345 246-00-000-22540-00000 $ 300.00 248051 09/12/2024 LENCO INDUSTRIES INC. SUPPLIES FOR THE PD AMOR VEHICLE 402-50-591-53100-00000 $ 93.31 248052 09/12/2024 LESLIF GAITHER ARPA REIM-REGIST-TUFF KIDZ-8/1-8/29/2024 275-60-734-53370-16070 $ 661.00 248052 09/12/2024 LESLIF GAITHER ARPA REIM-REGIST-TUFF KIDZ-8/1-8/29/2024 275-60-734-53370-16070 $ 94.00 248053 09/12/2024 FILBERT CASSIDY WHITMORE NON -CONSORTIUM MEMBER -INTERNAL AFFAIRS-10/9&10/10 100-30-310-53200-00000 $ 400.00 248054 09/12/2024 LORENZO R SALLAS STAGE&ENTERTAINMENT-GRAND OPENING-ZOCALO PARK 9/14 200-25-299-53100-00000 $ 2,500.00 248055 09/12/2024 LOS ANGELES COUNTY FIRE DEPARTMENT FY24/25-AR0012309-STORAGE TANKnn,CITY YARD 402-50-590-53370-00000 $ 4,897.00 248056 09/12/2024 LOS ANGELES COUNTY PUBLIC WORKS MAINTENANCE-JUN 2024-TRAFFIC SIGNAL&LIGHT 251-50-530-51100-00000 $ 921.17 248057 09/12/2024 LUIS RENTERIA ARPA REIM-YOUTH FOOTBALL REGISTRATION 275-60-734-53370-16070 $ 400.00 248058 09/12/2024 MARIACHI LOS GALLITOS MUSIC ENTERTAINMENT FOR MEXICAN INDEPENDENCE DAY 501-60-000-22327-00000 $ 650.00 248059 09/12/2024 MOBIN ALI PER DIEM -FIELD TRAINING OFFICE-9/16-9/20/2024 100-30-310-53200-00000 $ 40.00 248060 09/12/2024 MOISES NAVARRO ARPA REIM-YOUTH FOOTBALL REGISTRATION 275-60-734-53370-16070 $ 400.00 248060 09/12/2024 MOISES NAVARRO ARPA REIM-YOUTH FOOTBALL REGISTRATION 275-60-734-53370-16070 $ 400.00 248061 09/12/2024 MOJICA JUDO CLUB JUDO INSTRUCTOR-7/31-9/7/2024 501-60-000-22328-00000 $ 1,743.95 248062 09/12/2024 NICHOLS LUMBER & HARDWARE MATERIAL AND SUPPLIES FOR PARK LANDSCAPE 245-50-560-53100-00000 $ 97.78 248063 09/12/2024 NISSI RESTAURANT AND BAKERY #1 INC BREAD FOR GRAND OPENING ZOCALO PARK ON 9/14/2024 200-25-299-53100-00000 $ 75.00 248064 09/12/2024 NORMAN GONZALEZ BACKGROUND INVESTIGATION COURSE 10/7-10/10/2024 100-30-310-53200-00000 $ 32.00 Page 2 of 6 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 248065 09/12/2024 OCEAN BLUE. ENVIRONMENTAL SERVICES, INC DIESEL SPILL CLEAN UP14501 E JOANBRIDGE 7/19 &7/24 258-50-551-51101-00000 $ 3.844.74 248066 09/12/2024 OREILLY AUTO PARTS MATERIAL AND SUPPLIES FOR UNIT 3133 402-50-591-53100-00000 $ 60.76 248067 09/12/2024 PACIFIC ATHLETIC WEAR INC YOUTH BASKETBALL UNIFORMS 501-60-000-22326-00000 $ 3.345.77 248068 09/12/2024 PREMIERE FUELING SERVICES INC STATE TESTING REOUIREMENTS, INSPECTIONS AUG. 2024 402-50-590-51101-00000 $ 150.00 248068 09/12/2024 PREMIERE FUELING SERVICES INC STATE TESTING REOUIREMENTS, INSPECTIONS AUG. 2024 402-50-591-51101-00000 $ 150.00 248069 09/12/2024 PRIME, POWER EOUIPMENT INC MATERIAL & SUPPLIES FOR STREET LANDSCAPE 245-50-560-53100-00000 $ 107.23 248069 09/12/2024 PRIME POWER EOUIPMENT INC REPLACE PRIMER BULB, SHARPEN & GREASE, 8/14/2024 245-50-560-53371-15536 $ 50.45 248069 09/12/2024 PRIME POWER EQUIPMENT INC REPLACE CHAIN & BAR TO CORRECT SIZE 8/14/2024 245-50-560-53371-15536 $ 177.60 248069 09/12/2024 PRIME POWER EQUIPMENT INC MATERIAL & SUPPLIES FOR STREET LANDSCAPE 245-50-560-53100-00000 $ 503.69 248069 09/12/2024 PRIME POWER EQUIPMENT INC MATERIAL & SUPPLIES FOR STREET LANDSCAPE 245-50-560-53100-00000 $ 33.12 248069 09/12/2024 PRIME POWER EQUIPMENT INC MATERIAL & SUPPLIES FOR STREET LANDSCAPE 245-50-560-53100-00000 $ 160.78 248070 09/12/2024 PUENTE HILLS FORD LLC MATERIAL & SUPPLIES FOR STOCK UNIT#3130 402-50-591-53100-00000 $ 253.80 248070 09/12/2024 PUENTE HILLS FORD LLC SERVICE CITY & POLICE VEHICLES,TRUCKS 8/13-8/16/24 402-50-590-5337 1 -00000 $ 126.24 248070 09/12/2024 PUENTE HILLS FORD LLC SERVICE CITY & POLICE VEHICLES,TRUCKS 8/13-8/16/24 402-50-591-5337 1 -00000 $ 2,500.00 248070 09/12/2024 PUENTE HILLS FORD LLC MATERIAL & SUPPLIES FOR STOCK UNIT#5065 402-50-590-53100-00000 $ 37.08 248070 09/12/2024 PUENTE HILLS FORD LLC MATERIAL & SUPPLIES FOR STOCK -PW 402-50-590-53100-00000 $ 106.67 248070 09/12/2024 PUENTE HILLS FORD LLC MATERIAL & SUPPLIES FOR STOCK-PD 402-50-591-53100-00000 $ 106.68 248070 09/12/2024 PUENTE HILLS FORD LLC MATERIAL & SUPPLIES FOR STOCK UNIT#3136-PD 402-50-591-53100-00000 $ 106.67 248070 09/12/2024 PUENTE HILLS FORD LLC MATERIAL & SUPPLIES FOR STOCK UNIT#3133-PD 402-50-591-53100-00000 $ 43.89 248071 09/12/2024 REYNOLDS MOTOR CORP. MATERIALS AND SUPPLIES FOR UNIT#5031-FAN 402-50-590-53100-00000 $ 353.09 248072 09/12/2024 RICOH USA INC MAINTENANCE & OVERAGES3 RICOH COPIERS 8/25-9/24/24 401-10-141-53371-11504 $ 72.78 248072 09/12/2024 RICOH USA INC LEASE PAYMENTS FOR 3 RICOH COPIERS 8/25-9/24/2024 401-10-141-58140-11504 $ 710.12 248073 09/12/2024 RIGHT OF WAY INC ROAD CLOSURE,TRAFFIC CONTROL 8/15/24 ST MARKET 254-50-550-51101-16101 $ 1,305.00 248073 09/12/2024 RIGHT OF WAY INC ROAD CLOSURE,TRAFFIC CONTROL 8/22/24 ST MARKET 254-50-550-51101-16101 $ 1,305.00 248074 09/12/2024 RIVERSIDE COUNTY SHERIFF / BEN CLARK TRAINING CENTER BACKGROUND INVESTIGATION COURSE 10/7-10/10/2024 100-30-310-53200-00000 $ 330.00 248075 09/12/2024 RKA CONSULTING GROUP CIVIL&BLDG PLAN CHECK SERVICE ZOCALO 3/1-3/31/2024 270-50-520-58100-55022 $ 770.00 248075 09/12/2024 RKA CONSULTING GROUP CIVIL&BLDG PLAN CHECK SERVICE ZOCALO 5/1-5/31/2024 270-50-520-58100-55022 $ 875.00 248075 09/12/2024 RKA CONSULTING GROUP CIVIL&BLDG PLAN CHECK SERVICE ZOCALO 6/1-6/30/2024 270-50-520-58100-55022 $ 910.00 248076 09/12/2024 ROBERT L LARIVEE PER DIEM ICI COURSE 10/7-10/11/2024 100-30-310-53200-00000 $ 40.00 248077 09/12/2024 SAMUEL RIVEROS PER DIEM FIELD TRAINING COURSE 9/16-9/20/2024 100-30-310-53200-00000 $ 40.00 248078 09/12/2024 SAN GABRIEL VALLEY WATER COMPANY WATER- I00636-PATRITTI/BESS 7/23-8/20/24 252-60-620-53402-00000 $ 1,814.33 248079 09/12/2024 SHOETERIA INC BOOT ALLOWANCE FOR SEIU EMPLOYEE JONTHAN ROMERO 240-50-551-50119-00000 $ 165.00 248079 09/12/2024 SHOETERIA INC BOOT ALLOWANCE FOR SEIU EMPLOYEE JONTHAN ROMERO 245-50-551-50119-00000 $ 45.00 248079 09/12/2024 SHOETERIA INC BOOT ALLOWANCE FOR SEIU EMPLOYEE JONTHAN ROMERO 251-50-551-50119-00000 $ 90.00 248080 09/12/2024 SOUTH COAST A.O.M.D PERMIT -DIESEL GEN-FAMILY SRVC CENTER-ID#127894 100-60-620-53371-00000 $ 541.04 248080 09/12/2024 SOUTH COAST A.O.M.D PERMIT -DIESEL GEN-COMMUNITY CENTER-ID#127934 100-60-620-53371-00000 $ 541.04 248080 09/12/2024 SOUTH COAST A.O.M.D PERMIT -EMISSIONS -FAMILY SRVC CENTER-ID#127894 100-60-620-53371-00000 $ 165.96 248080 09/12/2024 SOUTH COAST A.O.M.D PERMIT -EMISSIONS -COMMUNITY CENTER-ID#127934 100-60-620-53371-00000 $ 165.96 248081 09/12/2024 SOUTHERN CALIFORNIA EDISON ELEC-METROLINK-3877 DOWNING 7/29-8/26/24 245-50-530-53401-15535 $ 170.48 248082 09/12/2024 SOUTHERN CALIFORNIA GAS CO GAS-36006-CITY BLDG-14305 MORGAN 7/24-8/23/24 100-60-620-53400-00000 $ 47.96 248082 09/12/2024 SOUTHERN CALIFORNIA GAS CO GAS -MULTI -CITY BUILDINGS 5/23-6/24/24 100-60-620-53400-00000 $ 428.53 248082 09/12/2024 SOUTHERN CALIFORNIA GAS CO GAS-41005-CITY PARKS-14255 RAMONA 7/24-8/23/24 252-60-620-53400-00000 $ 1,348.70 248082 09/12/2024 SOUTHERN CALIFORNIA GAS CO GAS-69161-S. HOMES-13167 GARVEY 7/25-8/26/24 100-60-620-53400-55003 $ 120.99 248083 09/12/2024 STEVEN TRINIDAD PER DIEM FOR ICI GANG INVESTIGATION 9/29-10/4/2024 100-30-310-53200-00000 $ 407.00 248084 09/12/2024 TCS DESIGN HOUSE BUTTERFLY EXHIBIT FOR SUSAN ZOCALO PARK 9/24/2024 200-25-299-53100-00000 $ 1,200.00 248085 09/12/2024 TERRA REALTY ADVISORS INC BALDWIN PARK BILLBOARD MATTERS AUG. 2024 100-40-405-51100-00000 $ 1,353.33 248086 09/12/2024 TPX COMMUNICATIONS CO LOCAL, LONG DISTANCE TELEPHONE,DATA 9/9-10/8/2024 401-10-141-53403-11506 $ 7,105.36 248087 09/12/2024 VALLEY COUNTY WATER DIST WATER-8010300-E. VILLA-14173 GARVEY 7/23-8/21/24 100-60-620-53402-55003 $ 195.16 248087 09/12/2024 VALLEY COUNTY WATER DIST WATER -MULTI -SPRINKLERS 7/23-8/21/24 251-50-560-53402-00000 $ 12,815.05 248088 09/19/2024 HONG TAM PER DIEM FOR CSMFO 2024 CONFERENCE 100-20-210-53350-00000 $ 118.00 248088 09/19/2024 HONG TAM CAPITAL ASSETS TRAINING FOR FINANCE STAFF 100-20-210-53100-00000 $ 37.97 248088 09/19/2024 HONG TAM FINANCE STAFF MEETING 100-20-210-53100-00000 $ 61.38 248088 09/19/2024 HONG TAM PARKING FOR CSMFO 2024 ANNUAL CONFERENCE 100-20-210-53350-00000 $ 58.50 248089 09/19/2024 AC BILLIARDS AND BARSTOOLS BLACK LEATHER TABLE COVERS -GAMES ROOM POOL TABLES 275-60-765-58110-56002 $ 771.67 248090 09/19/2024 ACTIVE SAN GABRIEL VALLEY AUG 2024-DEVELOP AND CONDUCT COMMUNITY OUTREACH 270-60-620-58100-56012 $ 1,450.00 248091 09/19/2024 AIR EFFICIENCY SERVICES ANDREW DIAZ REPAIRS TO ICE MACHINE AT THE ARC-8/29/2024 100-60-620-53371-00000 $ 1,072.16 248091 09/19/2024 AIR EFFICIENCY SERVICES ANDREW DIAZ REPAIRS TO ICE MACHINE AT THE ARC-8/29/2024 252-60-620-53371-00000 $ 1,072.15 248092 09/19/2024 ANA KARINA RUEDA REIM-NATIONAL NIGHT OUT SUPPLIES 100-10-150-53370-11123 $ 107.49 248092 09/19/2024 ANA KARINA RUEDA REIM-SUPPLIES FOR HEALTH & WELLNESS FAIR 100-10-150-53370-11123 $ 80.28 248093 09/19/2024 AUTOMATION SOLUTIONS, INC. ELECTRICAL REPAIRSOWITY HALUTEEN CENTER,CC-8/21 100-60-620-53371-00000 $ 1,182.87 248094 09/19/2024 AZUSA WHOLESALE PLUMBING SUPPLY, INC PLUMBING SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 $ 909.56 248095 09/19/2024 BERLITZ LANGUAGES, INC. I BILINGUAL TEST SPANISH-8/29/2024 100-10-150-51101-00000 $ 60.00 248096 09/19/2024 BIG STUDIO T-SHIRTS-2024 CONCERTS IN THE PARK 100-60-610-53100-16144 $ 1,989.13 248097 09/19/2024 CALIFORNIA CONSULTING, INC. JUL 2024-GRANT WRITING SERVICES 100-25-299-51100-17000 $ 4,500.00 248097 09/19/2024 CALIFORNIA CONSULTING, INC. AUG 2024-GRANT WRITING SERVICES 100-25-299-51100-17000 $ 4,500.00 248098 09/19/2024 CECILIA GAMBOA RENTAL DEPOSIT REFUND-8/24/2024-ARC 501-60-000-22333-00000 $ 500.00 Page 3 of 6 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 248099 09/19/2024 CHICAS GRAPHICS AND DESIGN POLO SHIRTS CITY EMBROIDERY -CITY TO CITY BOWLING 100-10-110-53100-00000 $ 116.87 248099 09/19/2024 CHICAS GRAPHICS AND DESIGN PRINTING SRVC OF SIGNS-ZOCALO PARK GRAND OPENING 200-25-299-53100-00000 $ 815.85 248100 09/19/2024 CHRISTOPHER RIVERA PER DIEM -POST DRIVER TRAINING-8/29/2024 100-30-310-53200-00000 $ 8.00 248101 09/19/2024 CLARISSA I. ZAMORA INSTRUCTOR FOR BALLET FOLKLORIO-JUL-AUG 2024 501-60-000-22328-00000 $ 2.016.00 248102 09/19/2024 CONCENTRA HEALTH SERVICES, INC PHYSICAL EXAM FOR EMPLOYEE,-9/3/2024 100-10-150-51101-11122 $ 110.00 248102 09/19/2024 CONCENTRA HEALTH SERVICES, INC PHYSICAL EXAM FOR EMPLOYEE,-9/5&9/6/2024 100-10-150-51101-11122 $ 277.00 248103 09/19/2024 CORODATA RECORDS MANAGEMENT, INC. STORAGE OF FILES FOR 6/1-6/30/2024 100-10-120-51101-11431 $ 60.37 248104 09/19/2024 DATA TICKET, INC. DATA TICKET-JUL 2024- ENTITY 0365 0705 100-40-460-51100-00000 $ 100.00 248105 09/19/2024 DMV CERT. OF TITLES-HYUN2019-EXEMPT LICENSE PLATE 245-50-560-53100-00000 $ 262.00 248106 09/19/2024 DMV CERT. OF TITLES-HYUN2019-EXEMPT LICENSE PLATE 245-50-560-53100-00000 $ 257.00 248107 09/19/2024 DMV CERT. OF TITLES-HYUN2019-EXEMPT LICENSE PLATE 245-50-560-53100-00000 $ 256.00 248108 09/19/2024 DMV CERT. 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MATERIALS & SUPPLIES FOR UNIT CNG-3 MATERIAL AND SUPPLIES -WELDING MATERIAL MAINTENANCE AND REPAIR LAWNMOWER 8/29/2024 MATERIALS AND SUPPLIES FOR TRAFFIC CONTROL SECTION MAINTENANCE/REPAIR ECHO HAND HELD BLOWER 9/10/2024 MAINTENANCE AND REPAIR TO MOWER & EDGER 9/11/2024 MAINTENANCE AND REPAIR TO MOWER & EDGER 9/11/2024 MATERIALS AND SUPPLIES FOR STREET LANDSCAPE BOOTS FOR EMPLOYEE HUMBERTO BRAVO 12-1-170804 BOOTS FOR EMPLOYEE HUMBERTO BRAVO 12-1-170804 BOOTS FOR EMPLOYEE HUMBERTO BRAVO 12-1-170804 BOOTS FOR EMPLOYEE CARLOS CORTES-12-1-170132 AS NEEDED PLAN CHECK SERVICES 7/1-7/31/2024 ANNUAL RENEWAL GOV.MEMBERSHIP 9/l/2024-8/31/2025 WATER -MULTI -SPRINKLERS 7/30-8/30/24 SECIRAN SERVICE SEP. 2024 CASH TRANSFER TO LOOMIS MAINTENANCE & REPAIRS AQUATIC CENTER POOL 8/21 /24 MATERIAL & SUPPLIES -EZ STREET POTHOLE REPAIR BAGS MATERIALS & SUPPLIES FOR ZOCALO PARK GRAND OPENING MATERIALS & SUPPLIES FOR SENIOR CENTER MATERIALS AND SUPPLIES FOR SENIOR CENTER MATERIALS AND SUPPLIES FOR SENIOR 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(Item) Account Number Amount MATERIALS AND SUPPLIES FOR SENIOR CENTER 100-60-630-53100-00000 $ 28.63 MATERIALS AND SUPPLIES FOR SENIOR CENTER 100-60-630-53100-00000 $ 88.63 MATERIALS & SUPPLIES FOR ZOCALO PARK GRAND OPENING 200-25-299-53100-00000 $ 83.94 CREDIT FOR RETURN ITEMS 200-25-299-53100-00000 $ (47.58) MATERIAL AND SUPPLIES FOR COMMUNITY MEETING 100-60-610-53100-00000 $ 186.90 FENCES TO DOWNTOWN STREET MARKET 100-60-610-53391-16101 $ 3.204.54 ELEC-ST LIGHT-14403 PACIFIC 8/1-8/31/24 251-50-530-53401-00000 $ 48.360.44 ELEC-ST LIGHT-] 4352 1/2 OHIO 8/8-9/8/24 251-50-530-53401-00000 $ 85.44 ELEC-TRAF SIGNALS-14204 OHIO 8/8-9/8/24 251-50-530-53401-00000 $ 109.93 GAS-72725-CNG STATION-14747 RAMONA 8/1-9/1/24 402-50-590-53110-16140 $ 13.39 OFFICE SUPPLIES FOR RECREATION CENTERS 100-60-610-53100-00000 $ 257.90 OFFICE SUPPLIES FOR RECREATION CENTERS 100-60-630-53100-00000 $ 257.90 OFFICE SUPPLIES FOR RECREATION CENTERS 100-60-640-53100-00000 $ 538.12 OFFICE SUPPLIES FOR RECREATION CENTERS 100-60-630-53100-00000 $ 323.84 OFFICE SUPPLIES FOR RECREATION CENTERS 100-60-640-53100-00000 $ 15.82 OFFICE SUPPLIES FOR RECREATION CENTERS 100-60-640-53100-00000 $ 45.51 OFFICE SUPPLIES FOR RECREATION CENTERS 100-60-610-53100-00000 $ 33.17 OFFICE SUPPLIES FOR RECREATION CENTERS 100-60-660-53100-00000 $ 408.77 OFFICE SUPPLIES FOR RECREATION CENTERS 100-60-660-53100-00000 $ 24.08 OFFICE SUPPLIES FOR RECREATION CENTERS 100-60-680-53100-00000 $ 382.94 REND SWIMMING LESSON DUE TO INSTRUCTOR BEING ILL 100-60-000-42600-00000 $ 47.00 FIN-DETRUCTION OF CONFIDENTIAL DOCUMENTS 8/31/24 100-20-210-51101-00000 $ 117.00 4-65 GALLON TOTE, 1-FUEL SURCHARGE 403-10-160-51101-00000 $ 230.00 PHONE-37340-PUBLIC WORK 7/21-8/20/2024 402-50-590-51101-00000 $ 1,174.95 WATER-0005000-13135 E GARVEY 7/31-8/30/24 251-50-562-53402-00000 $ 87.97 CNG FUEL FOR CITY VEHICLES-AUG. 2024 402-50-590-53110-16140 $ 4,803.45 25 CASES BLACK LINER BAGS FOR LANDSCAPE DIVISION 245-50-560-53100-00000 $ 1,210.55 SWEEP VARIOUS CITY PARKING LOTS CITY HALL AUG.2024 254-50-560-51101-15734 $ 4,200.00 RE -STRIPING LINE MARKINGS AT STEWART TO LIVE OAK 245-50-550-51101-00000 $ 2,900.00 PER DIEM FOR DRIVER TRAINING COURSE 8/29/2024 100-30-310-53200-00000 $ 8.00 PERS SURVIVOR RETIREMENT 100-00-000-21207-00000 S 181.35 PERS ADDITIONAL RETIREE SVC CR 100-00-000-21206-00000 $ 279.60 PERS ADDITIONAL RETIREE SVC CR 100-00-000-21206-00000 $ 289.47 PERS REDEPOSIT 100-00-000-21206-00000 $ 21.78 PERS SWORN- 344 100-00-000-21206-00000 $ 23,602.53 PERS MISC 350 100-00-000-21206-00000 $ 15,815.81 PERS SWORN 351 100-00-000-21206-00000 $ 7,502.81 PERS MISC 352 100-00-000-21206-00000 $ 11,520.65 PERS SWORN CITY PAID - PEPRA 100-00-000-21256-00000 $ 23,619.70 PERS SWORN ER REG PAY 100-00-000-21256-00000 $ 22,775.24 PT PERS MISC CITY PAID 100-00-000-21256-00000 $ 593.17 PERS MISC CITY PAID 100-00-000-21256-00000 $ 22,972.42 PERS MISC CITY PAID - PEPRA 100-00-000-21256-00000 $ 18,310.11 PERS MISC 352 100-00-000-21206-00000 $ 53.38 PERS MISC CITY PAID - PEPRA 100-00-000-21256-00000 $ 84.84 ROUNDING DIFFERENCE 100-25-299-53370-00000 $ (0.10) GASB 68 REPORTING SERVICES FEE, CALPERS 100-25-299-53330-00000 $ 700.00 SDU - CHILD SUPPORT 100-00-000-21225-00000 $ 2,201.36 OCTOBER 2024-RETIREE MIDAMERICA HRA ACH PAYMENT 100-25-299-50223-00000 $ 68,629.83 Grand Total: $1,163,889.42 Page 6 of 6 ITEM NO. 2 FROM: SAID GABRIEL "" b DATE: �n JA+Ww SUBJECT Honorable Mayor and Members of the City Council Shirley Quinones, Chief Deputy City Clerk October 2, 2024 Meeting Minutes of September 18, 2024 SUMMARY The City Council held the following meetings on September 18, 2024; Special City Council Meeting, Regular City Council Meeting, Finance Authority Meeting and Housing Authority Meeting. RECOMMENDATION It is recommended that the City Council approve the following meeting minutes of the Special City Council Meeting, Regular City Council Meeting, Finance Authority Meeting and the Housing Authority Meeting held on September 18, 2024. 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 September 18, 2024 Page I / 1 Mayor Emmanuel J. Estrada Mayor Pro Tern Jean M. Ayala Councilmember Alejandra Avila Councilmember Daniel Damian Councilmember Monica Garcia These minutes are presented in Agenda order. CALL TO ORDER The meeting was called to order at approximately 5:05 p.m. by Mayor Pro Tern Ayala. ROLL CALL City Clerk Saenz performed roll call: MEMBERS: Council Member Alejandra Avila (present) Council Member Daniel Damian (present) Council Member Monica Garcia (arrival at 5:45 p.m.) Mayor Pro Tern Jean M. Ayala (present) Mayor Emmanuel Estrada (arrival at 5:10 p.m.) PUBLIC COMMUNICATIONS Mayor Pro Tem Ayala opened Public Communications at approximately 5:06 p.m., seeing no one wishing to speak public communications was closed. OPEN SESSION/STUDY SESSION Sam Gutierrez, Director of Public Works and Evan Brooks and Associates gave a presentation on the Transit Study Update. RECESS CLOSED SESSION — The City Council recessed into Closed Session at approximately 5:46 p.m. 1. Conference with Legal Counsel — Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956 Case: Juan Roberto Gutierrez v. City of Baldwin Park et al., Los Angeles County Superior Court Case No. 23PSCV03032 No Reportable Actions Case: John Doe RA v. Doe 4 et al., Los Angeles County Superior Court No Reportable Actions Case No. 21STCV35392 09-18-2024 Special Meeting Minutes Page I of 2 Case: Matthew Rodriguez v. City of Baldwin Park et al., U.S. District Court, Central District of California Case No. 2:22-cv-01069-FLA-MAR City Attorney Tabares announced that Mayor Pro Tem Ayala recused herself from the item above. No Reportable Actions 2. Public Employee Performance Evaluation Pursuant to California Government Code, Section 54957 (B)(1): Title: Director of Public Works No Reportable Actions ADJOURNMENT The meeting was adjourned at approximately 7:16 p.m. by Mayor Estrada. ATTEST: Christopher Saenz, City Clerk Emmanuel J Estrada, Mayor APPROVED: October 2, 2024 09-18-2024 Special Meeting Minutes Page 2 of 2 • i' IFSKOX,l iZi7 11 CALL TO ORDER The meeting was called to order at approximately 7:12 p.m. INVOCATION The invocation was given by Pastor Flores and Pastor Jackson. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor/Chair Estrada. ROLL CALL City Clerk Saenz performed roll call: MEMBERS: Council Member Alejandra Avila (present) Council Member Daniel Damian (present) Council Member Monica Garcia (present) Mayor Pro Tem Jean M Ayala (present) Mayor Emmanuel J Estrada (present) REPORT FROM CLOSED SESSION Mayor/Chair Mayor Pro Tem/Vice Chair Councilmember/Member Councilmember/Member Councilmember/Member Emmanuel J. Estrada Jean M. Ayala Alejandra Avila Daniel Damian Monica Garcia City Attorney Tabares announced that the City Council met in closed session and all the Councilmembers were present, on items 1 Gutierrez vs. BP, John Doe RA vs. Doe 4 et al and item 2 there was no reportable action. On item 1 Rodriguez v. BP, Mayor Pro Tern Ayala recused herself and there was no reportable action. ANNOUNCEMENTS The Mayor announced that the City Council are also members of the Board of Directors of the Housing Authority and Finance Authority which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS The Mayor presented Mario Maciel, Jr. a City Plaque in recognition to for his 10 years of services as a Planning Commissioner. PUBLIC COMMUNICATIONS The Mayor opened Public Communication at approximately 7:27 p.m., the following spoke: 1) Irma Morales 4) Abel 2) Anais Medina Diaz 5) John Rios 3) Dr. Dawn Terashita Seeing no one else wishing to speak public communication was closed. 9-18-2024 Regular _FA_HA Meeting Minutes Page 1 of 4 CONSENT CALENDAR City of Baldwin Park's Warrants and Demands Motion to ratify the attached Warrants and Demands Register. Item #1 was pulled for further discussion. MOTION: It was moved by Jean M Ayala, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 2. Treasurer's Report City (CC) — August 2024 Motion to receive and file the Treasurer's Report for August 2024. MOTION: It was moved by Emmanuel Estrada, seconded by Jean M Ayala to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 3. Meeting Minutes of September 4, 2024 Motion to approve the following meeting minutes of the Special City Council and Regular City Council Meetings held on September 4, 2024. MOTION: It was moved by Emmanuel Estrada, seconded by Jean M Ayala to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 4. Consideration to Reappropriate American Rescue Plan Act Funds for the Basic Subsidy Program It is recommended that the City Council: 1. Authorize the Director of Finance to reappropriate ARPA Funds as indicated under Fiscal Impact as shown on the table below for the Basic Subsidy Program and make necessary changes to the budget; and 2. Authorize the Director of Recreation & Community Services to coordinate all elements associated with the Program. Item #4 pulled for further discussion. MOTION: It was moved by Emmanuel Estrada, seconded by Jean M Ayala to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA Approval of a Master Services Agreement with OpenGov Inc., for the Implementation of an Asset Management Software System for the Department of Public Works Staff recommends that Council: 1. Approve the cancellation of OpenGov's Budgeting and Planning software module and authorize the implementation of OpenGov's Asset Management software including the transfer of remaining budgeted funds and contract credits to be applied towards implementation and subscription costs for the new system; and, 2. Authorize the Mayor to execute the Master Services Agreement, and related documents with OpenGov in an amount not to exceed $156,598.17 for an initial term of two years and four months, with additional three one-year renewal options for the implementation and subscription of the Asset Management software including integration with the Government Outreach GoGov portal; and, 3. Authorize the Director of Finance to make all necessary appropriations and budget amendments for the term of the Agreement. Item #S was pulled from agenda. 9-18-2024 Regular _FA_HA Meeting Minutes Page 2 of 4 PUBLIC HEARING 6. Public Hearing Regarding Fiscal Year 2023-24 Consolidated Annual Performance & Evaluation Report (CAPER) Motion to: 1. Approve the Final 2023-24 Consolidated Annual Performance & Evaluation Report (CAPER) for federal CDBG and HOME funds; and 2. Authorize the City Manager to transmit this report to the United States Department of Housing and Urban Development (HUD) by the deadline of September 30, 2024. The Mayor opened the Public Hearing at approximately 7:58 p.m., seeing no one wishing to speak, the public hearing was closed. MOTION: It was moved by Emmanuel Estrada, seconded by Monica Garcia to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA REPORTS OF OFFICERS 7. Adoption of a Resolution No. 2024-042 Establishing the City of Baldwin Park Policy for Selection of Mayor and Mayor Pro Tempore Motion to adopt Resolution No. 2024-042 establishing the City Policy for Selection of Appointed Mayor and Mayor Pro Tempore. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA Adopt Resolution No. 2024-043 Updating the Street Naming Policy, Rescind Resolution No. 79-37 and Consider Request to Rename Cleary Drive Motion to : 1. Rescind and Repeal Resolution No. 79-37; and 2. Adopt Resolution No. 2024-043 Updating Street Naming Policy 3. Approve the renaming of Cleary Drive to Bernardo Flores Drive and direct staff to implement the street naming; and authorize the Director of Finance to appropriate funding to cover the cost from Measure R, Fund No. 254 and make the necessary budget adjustments. MOTION: It was moved by Jean M Ayala, seconded by Daniel Damian to adopt Motion Passed [4 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA. ABSTAIN: ESTRADA 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 Motion to ratify the attached Warrants and Demands Register. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA SA 2. Treasurer's Report SA — August 2024 Motion to receive and file the Treasurer's Report for August 2024. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 9-18-2024 Regular _FA_HA Meeting Minutes Page 3 of 4 FINANCE AUTHORITY CONSENT CALENDAR 1. Treasurer's Report FA — August 2024 Motion to receive and file the Treasurer's Report for August 2024. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA HOUSING AUTHORITY CONSENT CALENDAR 1. Baldwin Park Housing Authority's Warrants and Demands Motion to ratify the attached Warrants and Demands Register. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 2. Treasurer's Report HA — August 2024 Motion to receive and file the Treasurer's Report for August 2024. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION Councilmember Damian sought consensus from the City Council to direct staff to draft and present a resolution urging and requesting that Governor Newsom, Insurance Commissioner Ricardo Lara, and the California Legislature take emergency action to stabilize the homeowners and commercial property insurance industry in the State of California. Councilmember Damian sought consensus from the City Council to direct staff to prepare a staff report for the naming of Dog Parks. Councilmember Avila sought consensus from the City Council to direct staff to reach out to the Mexican Consulate to provide mobile services to the community. ADJOURNMENT The meeting was adjourned at approximately 8:39 p.m. by Mayor/Chair Estrada. ATTEST: Christopher Saenz, City Clerk Emmanuel J Estrada, Mayor/Chair APPROVED: October 2, 2024 9-18-2024 Regular _FA_HA Meeting Minutes Page 4 of 4 ITEM NO. 3 ypLi;j TO: Honorable Mayor and Members of the City Council Hesr0F „A THE',, FROM: Sam Gutierrez, Director of Public Works •AGiELPREPARED BY: Anthony Vazquez, Public Works Manager VALLEY"," 1?1 , ��,� DATE: October 2, 2024 � SUBJECT: Approval of a Master Services Agreement with OpenGov Inc., for the Implementation of an Asset Management Software System for the Department of Public Works SUMMARY This staff report seeks City Council approval of a Master Services Agreement (MSA) with OpenGov Inc. for the use of the OpenGov Asset Management Software Solution formerly known as CarteGraph and professional services to assist with implementation. The Software -as -a -Service (SAAS) solution would allow the Department of Public Works to increase workflow efficiencies by replacing the existing paper -based workflows with an all - electronic, cloud -based workflow system compatible with the latest PC hardware and mobile devices. Out -of -the - box modules include, but are not limited to, asset management and inventory, work order development and processing and work history tracking. The implementation of the system will involve the discontinuation of OpenGov's Budgeting and Planning module currently in use by the Finance Department and transferring to OpenGov's Asset Management module and domains for use by the Department of Public Works. The City will enter into a new agreement with OpenGov and cancel the existing agreement. As part of the new agreement any remaining budgeted funds and contract credits would be applied towards the implementation and subscription cost of the Asset Management solution. RECOMMENDATION Staff recommends that Council: 1. Approve the cancellation of OpenGov's Budgeting and Planning software module and authorize the implementation of OpenGov's Asset Management software including the transfer of remaining budgeted funds and contract credits to be applied towards implementation and subscription costs for the new system; and, 2. Authorize the Mayor to execute the Master Services Agreement, and related documents with OpenGov in an amount not to exceed $175,200.00 for an initial term of two years and four months, with additional three one-year renewal options for the implementation and subscription of the Asset Management software including annual fee for integration with the Government Outreach GoGov portal; and, Authorize the Director of Finance to make all necessary appropriations and budget amendments for the term of the Agreement. FISCAL IMPACT There is no impact to the General Fund. The cost for the Asset Management system includes implementation and subscription cost pro -rated over a two-year and four -months contract term per the following billing table: 9/25/2024— Implementation , 1/25/2025 -- Subscription 1/25/2026 — Subscription Total $70,552.50 $51,150.00 $53,497.50 $175,200.00 Funding for the Asset Management system is as follows: Available Funds Amount Approved ARPA American Rescue Plan Act — Acct. No. 275-50-765-58105-55016 $56,398.00 Transfer From Acct. No 275-20-765-581.05-52000 to Acct. No. 275-50-765-58105-55016 $48,000.00 Page 1 / 3 Appropriate Measure R — Acct. No. 254-50-520-58105-55016 $38,400.00 Appropriate Proc C — Acct. No. 245-50-520-58105-55016 $32,402.00 Total Available Funds $175,200.00 BACKGROUND The City of Baldwin Park's Maintenance Division within the Department of Public Works is responsible for the maintenance and operations of the City's infrastructure. The Maintenance Division is comprised of Fleet, Street/Landscape, Graffiti, Traffic/Lighting and Park maintenance and operations crews. A critical component of maintenance work is to keep accurate records and proper documentation to ensure city-wide infrastructure assets are being adequately maintained. Currently, the department uses the Government Outreach citizen portal GoGov, however the vast majority of the day-to-day work order process and history tracking is largely still paper -based. GoGov does not provide an asset management system to keep track, organize, and archive work orders for maintenance and repair. Staff still relies heavily on the paper -based system to log different types of work performed at different locations throughout the City. This process is less efficient and effective, time consuming, and more prone to errors, delays, and difficulties in data retrieval and sharing, leading to decreased productivity and impacting overall department efficiency. DISCUSSION Efficient and accurate record -keeping is a key and vital aspect to good maintenance. An asset management system facilitates efficient tracking of city-wide infrastructure and equipment such as streets, signs, sidewalks, city owned bus shelters, storm drains, markings, trees, work vehicles, transit and fuel facilities and other related assets. Recognizing this as part of the department's efforts to modernize, staff began to explore various pathways for transitioning to an all -electronic, cloud -based solution that will replace the current paper -based system while maintaining compatibility with the Government Outreach GoGov portal and enhancing productivity, streamlining workflows with location -based tracking of assets and work orders. A cloud -based asset management program offers significant advantages over a paper -based system by leveraging digital tools, ensuring real-time updates and accessibility from any location, which enhances coordination and efficiency in managing assets. It minimizes the risk of data loss, reduces administrative overhead, and allows for better tracking and reporting through advanced analytics. Overall, transitioning to a cloud -based system streamlines operations, improves accuracy, and supports informed decision -making, ultimately contributing to more effective and responsive public services. The City currently has an agreement with. OpenGov for the Budgeting & Planning solution for use by the Finance Department with little over two (2) years remaining in the contract term. However, after the initial implementation and subsequent use of the software, the Finance Department determined that it was not a good fit for their current needs due to redundancy of existing tasks and the unforeseen costs associated with training staff members from all City departments involved in the budget process. As a result, the Finance Department decided that it no longer needed the software and moved forward to discontinue its use and terminate the agreement. When looking for an asset management system for the Department of Public Works, Staff found that OpenGov offered a solution as part of their integrated cloud -based suite. Staff requested a product demonstration and found it to be robust and a good fit for the department's needs including integration with the GoGov portal. After several discussions between the departments and OpenGov, the parties agreed to entertain a "product swap" which includes the discontinuation of the budgeting module and applying the remaining funds towards the OpenGov Asset Management software. This would allow the Public Works Department to implement a cloud -based asset management software and to eliminate the paper -based system currently in use. This situation provides a unique opportunity for the City of Baldwin Park to be able to re -direct funds from an under -used software subscription and apply it to a much more needed solution that meets the vital needs of the Department of Public Works. The process involves simply disactivating and discontinuing the Budget & Planning domains and activating the Asset Management module and associated domains. Page 2/3 The parties have agreed to cancel the existing agreement for the Budgeting and Planning module and enter into a new Master Services Agreement for an initial term of four months and two years, with the option to renew for three additional one-year terms. Staff has confirmed that the price proposed by OpenGov is below the National Association of State Procurement Officials (NASPO) price list offered by a NASPO ValuePoint ("NASPO") vendor, which is also an authorized reseller of OpenGov. NASPO is a cooperative purchasing program facilitating public procurement solicitations and agreements using a lead -state model. Additionally, for procurement purposes, OpenGov's software platform is the only integrated multi -tenant Software as a Service ("SaaS") solution that can meet and/or exceed the City's desired goals for communications, reporting, and civic engagement, as described in detail under the Product Selection section. ALTERNATIVES The City Council may decide not to approve this request and direct staff with an alternative. CEQA REVIEW 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, it has been determined that the action does not constitute a "project" under CEQA. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Quote for OpenGov Asset Management System for term of pro -rated + 24 months 2. Master Services Agreement (MSA) 3. Statement of Work (SOW) 4. Quote for Integration between OpenGov and the GoGov portal 5. Staff Report January 19, 2022 _ Approval of Agreement with OpenGov Inc. for Budgeting & Planning Suite for the Finance Department Page 3 / 3 Docusign Envelope ID: 4180EE9C-3526-49DF-8C4D-27EEEA1 E8E5C (D OPENGOV Order Form Number: OG-1458962 Created On: 8/12/2024 Order Form Expiration: 10/25/2024 Subscription Start Date: 10/25/2024 Subscription End Date: 1/24/2027 Customer: City of Baldwin Park, CA Bill To/Ship To: 14403 East Pacific Avenue Baldwin Park, California 91706 United States Billing Frequency: AmmallymAdvance Payment Terms: Net Thirty(30) Days SOFTWARE SERVICES: Enterprise Asset Management Transportation Do—m, Wolkabiliry Domain, Stonnwater Domain, Integration 10/25/2024 1/24/2025 u-ldit Enterprise Asset Management Transportation Domain, Wolkabithr Domain. Stonnwater Domain, Integration 1/25/2025 1/24/2026 toolkit Enterprise Asset Management TransportationDomain,WalkabilityDomam, Stonnwater Domain, Integration 1/25/2026 1/24/2027 toolktt Opc`Cm, Inc. 6603rd Street, Suite 100 San Francisco, CA 94107 United States Prepared By: Alex Martinez Email: amartinez@opengov.com Contract Tenn: Prorated +24 Months Contact Name: Sam Gutierrez Email: sgutienez@baldwbrpark.com $ i 1,737.50 $46,950.00 S49,297.50 Annual Subscription Total: See Billing Table PROFESSIONAL SERVICES: Product / Service Description OpenGov Deployment ----oneTone Fee (Prepaid Hours) Product configuration, setup, and h:aining described in the attached SOW. $51,815.00 Expense Reimbursement $2,800.00 Professional Services Total: $54,615.00 Billing Tablet Billing Date: Amount: October 25. 2024 563,552.50 (Annual Solo,-e Fee F Professional Servzce Fees) January 25, 2025 $46,950.00 (Annual Soltn are Fee) January 25, 2026 $49,297.50 Expense Reimbursement $2,800.00 Billed upon completion W This Order Fmm incorporates the OpenGov Master Services Agreement ("MSA") attached here or available at htips://opengov.com/terms-of'service/master-services-agreement/. The "Agreement" between OpenGov and the entity identified above ("Customer") consists of the Order Form, MSA, and, if Professional Services are purchased, the Statement of Work. Unless otherwise specified above, fees for the Software Services and Professional Services shall be due and payable, in advance, 30 days from receipt of the invoice. The existing Order Form between the parties, dated 1/24/2022 for Budgeting and Planning, shall be canceled and be replaced in its entirety with this Order Form Number OG-1458962. Additionally, the following OpenGov invoices are cancelled: INV00009835 dated 1/25/2023 in the amonnt of $42,343.00 term 1/25/2023-1/24/24; and INVI2427 dated 1/31/2024 in the amount of $42,343.00 term 1/25/24-1/24/25. By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be legally bound by the Agreement. Each party's acceptance of this Agreement is conditional upon the other's acceptance of the Agreement to the exclusion of all other terms. City of Baldwin Park, CA Signature: Name: Title: Date: OpeoGov,I DocuSignedby: Signature: Sak% 40jmv n3AFFF181a7C415 Name: Sam Kramer Tifc: SVP, Finance Date_ 9/17/2024 OpenGov Master Services Agreement The parties to this Master Services Agreement (this "Agreement") are OpenGov, Inc., a Delaware corporation ("OpenGov"), and the customer named in the signature block below ("Customer'). This Agreement, which becomes binding when the parties have signed it (the "Effective Date"), sets forth the terms under which Customer will be permitted to use OpenGov's hosted software services and receive professional services. 1. Definitions 1.1. "Customer Data" means data that is provided by Customer to OpenGov pursuant to this Agreement (for example, by email or through Customer's software systems of record). Customer Data does not include any confidential personally identifiable information. 1.2. "Documentation" means materials produced by OpenGov that provide information about OpenGov's software products and systems. 1.3. 'Intellectual Property Rights' means all intellectual property rights including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in intellectual property of every kind and nature. 1.4. "Order Form" means the document(s) separately executed by the parties or attached as an Exhibit, that specifies the Software Services that OpenGov will provide to Customer under this Agreement. 1.5. 'Term" refers to the Initial Term defined in Section 6.1 plus all Renewal Terms defined in Section 6.2. 2. Software Services, Support, and Professional Services 2.1. Software Services. Subject to the terms and conditions of this Agreement, OpenGov will use commercially reasonable efforts to provide the commercial -off -the -shelf software solutions identified in the applicable Order Form ("Software Services'). Software Services do not include any pre-release features, functionality, and/or software that Customer elects to use while they are in beta. 2.2. Support and Service Levels. Customer support is available by email to support@opengov.com or by using the chat messaging functionality of the Software Services, both of which are available during OpenGov's standard business hours. Customer may report issues any time; however, OpenGov will address issues during business hours. OpenGov will provide support for the Software Services in accordance with the Support and Software Service Levels found at opengov.com/service-sla, as long as Customer is entitled to receive support under the applicable Order Form and this Agreement. OpenGov plaster Services Agreement City of Baldwin Park, CA - Revised September 11, 2024 65431.00105\42662303.1 2.3. Professional Services 2.3.1. If OpenGov or its authorized independent contractors provides professional services to Customer, such as implementation services, then these professional services ('Professional Services")will be described in an applicable statement of work ("SOW") agreed to by the parties, which is incorporated by reference. Unless otherwise specified in the SOW, any pre -paid Professional Services must be utilized within one year from the Effective Date. 2.3.2. Relevant travel expenses are provided in the SOW. Any other travel expenses related to the performance of the Professional Services shall be pre -approved by and reimbursed by Customer. 3. Restrictions and Responsibilities 3.1. Restrictions. Customer may not use the Software Services in any manner or for any purpose other than as expressly permitted by the Agreement. In addition, Customer shall not, and shall not permit or enable any third party to: (a) use or access any of the Software Services to build a competitive product or service; (b) modify, disassemble, decompile, reverse engineer or otherwise make any derivative use of the Software Services (except to the extent applicable laws specifically prohibit such restriction); (c) sell, license, rent, lease, assign, distribute, display, host, disclose, outsource, copy or otherwise commercially exploit the Software Services; (d) perform or disclose any benchmarking or performance testing of the Software Services, including but not limited to load testing, or stress testing; (e) remove any proprietary notices included with the Software Services; (f) use the Software Services in violation of applicable law; or(g) transfer any confidential personally identifiable information to OpenGov or the Software Services platform. 3.2. Responsibilities. Customer shall be responsible for obtaining and maintaining computers and third -party software systems of record (such as Customer's ERP systems) needed to connect to, access or otherwise use the Software Services. Customer also shall be responsible for: (a) ensuring that such equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts, passwords and files, and (c) all uses of Customer user accounts by any party other than OpenGov. 4. Intellectual Property Rights; License Grants; Access to Customer Data 4.1. Software Services. OpenGov owns all interests and Intellectual Property Rights in the Software Services. The look and feel of the Software Services, including any custom fonts, graphics and button icons, are the property of OpenGov. Customer may not copy, imitate, or use them, in whole or in part, without OpenGov's prior written consent. Subject to Customer's obligations under this Agreement, OpenGov grants Customer a non-exclusive, royalty -free license during the Term to use the Software Services. 4.2. Customer Data. Customer Data and the Intellectual Property Rights therein belong to 2 OpenGov plaster Services Agreement City of Baldwin Park, CA- Revised September 11, 2024 65431.00105\42662303.1 Customer. Customer grants OpenGov and its partners (such as hosting providers) a non- exclusive, royalty -free license to use, store, edit, and reformat Customer Data for the purpose of providing the Software Services. Customer further agrees that OpenGov and its partners may use aggregated, anonymized Customer Data for purposes of product enhancement, customer service, and data analysis. Insights gleaned from aggregated, anonymized Customer Data will belong to OpenGov. 4.3. Access to Customer Data. Customer may download Customer Data from the Software Services at anytime during the Term, excluding during routine software maintenance periods. 4.4. Deletion of Customer Data. Unless otherwise requested pursuant to this Section 4.4, upon the termination of this Agreement, Customer Data shall be deleted pursuant to OpenGov's standard data deletion and retention practices, which is to delete Customer Data 45 days after termination or expiration of the Agreement. Upon written request, Customer may request deletion of Customer Data prior to the date of termination of this Agreement. Such a request must be addressed to "OpenGov Vice President, Customer Success' at OpenGov's address for notice in Section 10.2. 4.5. Feedback. "Feedback' means suggestions, comments, improvements, ideas, or other feedback or materials regarding the Software Services provided by Customer to OpenGov, including feedback provided through online developer community forums. Customer grants OpenGov a non-exclusive, royalty -free, irrevocable, perpetual, worldwide license to use and incorporate Feedback into the Software Services and Documentation. OpenGov will exclusively own any improvements or modifications to the Software Services and Documentation based on or derived from any of Customer's Feedback including all Intellectual Property Rights in and to the improvements and modifications. 5. Confidentiality 5.1. "Confidential Information" means all confidential business, technical, and financial information of the disclosing party that is marked as "Confidential" or an equivalent designation or that should reasonably be understood to be confidential given the nature of the information and/or the circumstances surrounding the disclosure. OpenGov's Confidential Information includes, without limitation, the software underlying the Software Services, and all Documentation. 5.2. Confidential Information does not include: (a) data that Customer has previously released to the public; (b) data that Customer would be required to release to the public upon request under applicable federal, state, or local public records laws; (c) Customer Data that Customer requests OpenGov make available to the public in conjunction with the Software Services; (d) information that becomes publicly known through no breach by either party; (e) information that was rightfully received by a party from a third party without restriction on use or disclosure; or(f) information independently developed by the Receiving Party without access to the Disclosing Party's Confidential Information. 3 OpenGov plaster Cervices Agreement City of Baldwin Park, CA - Revised September 11, 2024 65431.00105\42662303.1 5.3. Each party agrees to obtain prior written consent before disclosing any of the other party's Confidential Information. Each party further agrees to use the other's Confidential Information only in connection with this Agreement. Each party further agrees to protect the other party's Confidential Information using the measures that it employs with respect to its own Confidential Information of a similar nature, but in no event with less than reasonable care. If a party is required to disclose Confidential Information by law or court order, they must notify the other party in writing before making the disclosure to give the other party an opportunity to oppose or limit the disclosure. 6. Term and Termination 6.1. Initial Term. This Agreement begins on the Effective Date and ends on the date the subscription ends ('Initial Term"), according to the Order Form, unless sooner terminated pursuant to Section 6.3. 6.2. Renewal. After the Initial Term, this Agreement shall automatically renew for up to three (3) additional periods each one (1) year in duration (each, a "Renewal Term" and together with the Initial Term, the "Term"), unless either party notifies the other party of its intent not to renew this Agreement in writing no less than thirty (30) days before the end of the Initial Term. 6.3. Termination for Cause. If either party materially breaches any term of this Agreement and fails to cure such breach within 30 days after receiving written notice by the non - breaching party, the non -breaching party may terminate this Agreement. 6.4. Termination for Non -Appropriation. For any term after the first full year of this Agreement, Customer may terminate this Agreement if it does not appropriate funds to continue this Agreement in a future fiscal year by providing notice in writing no less than 30 days before the end of the then -current term. Such termination shall be effective upon the expiration of the then -current term. Customer will use good faith efforts to secure the appropriate funds for the next year's fees. 6.5. Effect of Termination. Upon termination of this Agreement pursuant to Section 6: (a) Customer shall pay in full for all Software Services and Professional Services for the then -current annual term. Notwithstanding the foregoing, if this Agreement is terminated for cause by Customer, then Customer shall pay in full for all Software Services and Professional Services performed up to the effective date of termination or expiration, (b) OpenGov shall stop providing Software Services and Professional Services to Customer; and (c) each party shall (at the other party's option) return or delete any of the other party's Confidential Information in its possession. 7. Payment of Fees 7.1. Fees; Invoicing; Payment; Expenses. 7.1.1. Fees. Fees for Software Services and for Professional Services are set forth in the applicable Order Form, and OpenGov will invoice Customer accordingly. Customer 4 OpenGov plaster Services Agreement City of Baldwin Park, CA - Revised September 11, 2024 65431.00105\42662303.1 agrees to pay invoices within 30 days. Invoices are deemed received when OpenGov emails them to Customer's designated billing contact. Obligations to pay fees are non -cancelable, and payments are non-refundable. 7.1.2. Annual Software Price Adjustment. OpenGov shall increase the fees for the Software Services during any Renewal Term by 5% each year or as otherwise agreed upon in the applicable renewal Order Form. 7.1.3. Travel Expenses. OpenGov will invoice Customer for travel expenses provided in the SOW or Order Form as they are incurred. Customer shall pay all such valid invoices within 30 days of receipt of invoice. Receipts shall be provided for the travel expenses listed on the invoice. 7.2. Consequences of Non -Payment. If Customer fails to make any payments required under any Order Form or SOW, then in addition to any other rights OpenGov may have under this Agreement or applicable law, (a) Customer will owe a late interest penalty of the maximum rate permitted by law and (b) If Customer's account remains delinquent (with respect to payment of an undisputed invoice)for 10 days after receipt of a delinquency notice from OpenGov, which may be provided via email to Customer's designated billing contact, OpenGov may temporarily suspend Customer's access to the Software Service for up to 90 days to pursue good faith negotiations before pursuing termination in accordance with Section 6.3. Customer will continue to incur and owe all applicable fees irrespective of any such service suspension based on such Customer's delinquency. 7.3. Taxes. All fees under this Agreement are exclusive of any applicable sales, value-added, use or other taxes ("Sales Taxes'). Customer is solely responsible for all Sales Taxes, not including taxes based solely on OpenGov's net income. If any Sales Taxes related to the fees under this Agreement are found at any time to be payable, the amount may be billed by OpenGov to, and shall be paid by, Customer. If Customer fails to pay any Sales Taxes, then Customer will be liable for any related penalties or interest and will indemnify OpenGov for any liability or expense incurred in connection with such Sales Taxes. In the event Customer or the transactions contemplated by the Agreement are exempt from Sales Taxes, Customer agrees to provide OpenGov, as evidence of such tax-exempt status, proper exemption certificates or other documentation acceptable to OpenGov. 8. Representations and Warranties; Disclaimer 8.1. By OpenGov. 8.1.1. General Warranty. OpenGov represents and warrants that it has all right and authority necessary to enter into and perform this Agreement. 8.1.2. Professional Services Warranty. OpenGov further represents and warrants that the Professional Services, if any, will be performed in a professional and workmanlike manner in accordance with the related SOW and generally prevailing industry standards. For any breach of the Professional Services warranty, OpenGov will re - perform the applicable services. If OpenGov is unable to re -perform such work as 5 OpenGov plaster Services Agreement City of Baldwin Park, CA - Revised September 11, 2024 65431.00105\42662303.1 warranted, Customer will be entitled to recover all fees paid to OpenGov for the deficient work. Customer must give written notice of any claim under this warranty to OpenGov within 90 days of the completion of Professional Services pursuant to the applicable SOW to receive such warranty remedies. 8.1.3. Software Services Warranty. OpenGov further represents and warrants that fort he Term, the Software Services will perform in all material respects in accordance with the Documentation. The foregoing warranty does not apply to any Software Services that have been used in a manner other than as set forth in this Agreement. OpenGov does not warrant that the Software Services will be uninterrupted or error -free. Customer must give written notice of any claim under this warranty to OpenGov within 90 days of Customer discovering the defect. For any breach of the Software Services warranty, OpenGov will repair or replace any nonconforming Software Services so that the affected portion of the Software Services operates as warranted. If OpenGov is unable to do so, Customer may terminate the license for such Software Services and will be entitled to recover all fees paid to OpenGov for the deficient Software Services. 8.2. By Customer. Customer represents and warrants that (a) it has all right and authority necessary to enter into and perform this Agreement; and (b) OpenGov's use of Customer Data pursuant to this Agreement will not infringe, violate or misappropriate the Intellectual Property Rights of any third party. ,ro'. 3. Disclaimer. OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL B1 UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROMA. WARRANTIESAS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED "AS IS" AND OPENGOV DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED - . .; TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON -INFRINGEMENT. 9. Limitation of Liability • By Type. NEITHER PARTY, , ■ ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS OR EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT , ANY SUBJECT MATTER OF THIS AGREEMENT , ■ ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND A PARTY'S REASONABLE CONTROL, EVEN IF SUCH PARTY BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. 001 �i \!\ 1! ! W.i iffilw I A EXCEED THE FEES PAID BY CUSTOMER TO OPENGOV FOR THE SOFTWARE SERVICES 0 OpenGov plaster Services Agreement City of Baldwin Park, CA - Revised September 11, 2024 65431.00105\42662303.1 UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY. 9.3. Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and 9.2 above do not apply to, and each party accepts liability to the other for: (a) claims based on either party's intentional breach of its obligations set forth in Section 5 (Confidentiality), (b) claims arising out of gross negligence, fraud or willful misconduct by either party and (c) either party's infringement of the other party's Intellectual Property Rights. 9.4. No Limitation of Liability by Law. Because some jurisdictions do not allow liability or damages to be limited to the extent set forth above, some of the above limitations may not apply to Customer. 10. Miscellaneous 10.1. Logo Use. OpenGov shall have the right to use and display Customer's logos and trade names for marketing and promotional purposes in OpenGov's website and marketing materials, subject to Customer's trademark usage guidelines and policies provided to OpenGov. 10.2. Notice. Ordinary day-to-day operational communications may be conducted by email, live chat or telephone. For notices required by the Agreement the parties must communicate more formally in a writing sent via LISPS certified mail and via email. OpenGov's addresses for notice are: legal@opengov.com with a mailed copy to OpenGov, Inc., 660 3rd Street, Suite 100, San Francisco, CA 94107. 10.3. Anti -corruption. Neither OpenGov nor any of its employees or agents has offered or provided any illegal or improper payment, gift, or transfer of value in connection with this Agreement. The parties will promptly notify each other if they become aware of any violation of any applicable anti -corruption laws in connection with this Agreement. 10.4. Injunctive Relief. The parties acknowledge that any breach of the confidentiality provisions or the unauthorized use of a party's intellectual property may result in serious and irreparable injury to the aggrieved party for which damages may not adequately compensate the aggrieved party. The parties agree, therefore, that, in addition to any other remedy that the aggrieved party may have, it shall be entitled to seek equitable injunctive relief without being required to post a bond or other surety or to prove either actual damages or that damages would be an inadequate remedy. 10.5. Force Majeure. Neither party shall be held responsible or liable for any losses arising out of any delay or failure in performance of any part of this Agreement, other than payment obligations, due to any act of god, act of governmental authority, or due to war, riot, labor difficulty, failure of performance by any third -party service, utilities, or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from performing. 10.6. Severability; Waiver. If any provision of this Agreement is found to be unenforceable or 7 OpenGov plaster Services Agreement City of Baldwin Park, CA - Revised September 11, 2024 65431.00105\42662303.1 invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non -enforcement. 10.7. Survival. The following sections of this Agreement shall survive termination: Section 5. (Confidentiality), Section 7(Payment of Fees), Section 4.4 (Deletion of Customer Data), Section 8.3 (Warranty Disclaimer), Section 9 (Limitation of Liability) and Section 10 (Miscellaneous). 10.8. Assignment. There are no third -party beneficiaries to this Agreement. Except as set forth in this Section 10.8, neither party may assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations to a third party without the other party's written consent, which consent may not be unreasonably withheld, conditioned, or delayed. Either party may assign, without such consent but upon written notice, its rights and obligations under this Agreement to its corporate affiliate or to any entity that acquires all or substantially all of its capital stock or its assets related to this Agreement, through purchase, merger, consolidation, or otherwise. Any other attempted assignment shall be void. This Agreement will benefit and bind permitted assigns and successors. 10.9. Independent Contractors. This Agreement does not create an agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other. 10.10. Governing Law and Jurisdiction. This Agreement will be governed by the laws of Customer's jurisdiction, without regard to conflict of laws principles. The parties submit to personal jurisdiction and venue in the courts of Customer's jurisdiction. 10.11. Complete Agreement. This Agreement supersedes and cancels the Software Services Agreement, Order Form and Statement of Work previously entered into by the Parties, dated as of January 24, 2022 for Budgeting and Planning. OpenGov has made no other promises or representations to Customer other than those contained in this Agreement, including the SOW and Order Form. Any additional or different terms in a purchase order or click -through agreement are expressly rejected by the Parties and are void. Any modification to this Agreement must be in writing and signed by an authorized representative of each party. 10.12. Audit or Examination. OpenGov shall keep all records of funds received from Customer and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. In no event shall any audit occur: (1) more than once per calendar year, (2) without giving at least three business days prior written notice (3) outside of OpenGov's normal business hours, or (4) on systems where such audit may, in OpenGov's sole reasonable discretion, violate its third -party confidentiality obligations. 10.13. Compliance with Law. Services shall be provided in accordance with the applicable laws 8 OpenGov plaster Services Agreement City of Baldwin Park, CA - Revised September 11, 2024 65431.00105\42662303.1 and regulations of all governmental agencies that are in force at the time services are performed. OpenGov 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. 10.14. Right to Utilize Others. Customer reserves the right to utilize others to perform work similar to the services provided herein. 10.15. Indemnity. OpenGov shall indemnify, and hold harmless Customer, its officials, officers, and employees against any and all third -party 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 anyjudgment rendered against Customer and/or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity arising out of material breach of this Agreement due to OpenGov's grossly negligent performance, or the grossly negligent performance of its agents, employees, subcontractors, or invitees, as well as, grossly negligent acts or omissions of OpenGov, it's agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active gross negligence on the part of Customer, or its officials, officers, agents or employees. 10.16. Insurance. OpenGov shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent consultant liability)with the following minimum limits of liability: Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and Property Damage -- $1,000,000, single limit, per occurrence; or Combined single limits -- $2,000,000. Comprehensive Automobile Liability Insurance including as applicable owned, hired and non -owned automobiles with the following minimum limits of liability: $1,000,000, single limit, per accident. Technology Errors and Omissions Liability Insurance with $1,000,000 per claim. Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. 0 OpenGov plaster Services Agreement City of Baldwin Park, CA - Revised September 11, 2024 65431.00105\42662303.1 Prior to commencement of services hereunder, OpenGov shall provide Customer with a certificate of insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: The Customer, and its officials, officers, agents and employees are named as additional insured (with the exception of Technology Errors and Omissions Liability and Worker's Compensation); The coverage provided shall be primary (with the exception of Technology Errors and Omissions Liability and Worker's Compensation) as respects to Customer, its officials, officers, agents or employees; moreover, any insurance or self-insurance maintained by Customer or its officials, officers, agents or employees shall be in excess of OpenGov's insurance and not contributed with it. The insurer shall provide at least thirty (30) days prior written notice to Customer of cancellation or of any material change in coverage before such change or cancellation becomes effective. With respect to Workers' Compensation Insurance, the insurer shall agree to waive all rights of subrogation against Customer and Customer personnel for losses arising from work performed by OpenGov for Customer, and the insurer's agreement in this regard shall be reflected in the Workers' Compensation Insurance endorsement (with the exception of Technology Errors and Omissions Liability) 10.17. Records and Inspections. OpenGov shall maintain full and accurate financial and payment records with respect to all services and matters covered under this Agreement. Customer 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. OpenGov shall maintain an up-to-date list of key personnel and telephone numbers for emergency contact after normal business hours. In no event shall any audit occur: (1) more than once per calendar year, (2) without giving at least three business days prior written notice (3) outside of OpenGov's normal business hours, or(4) on systems where such audit may, in OpenGov's sole reasonable discretion, violate its third -party confidentiality obligations. 10.18. Taxpayer Identification Number. OpenGov shall provide Customer with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service. 10.19. Conflict of Interest. OpenGov agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and OpenGov shall comply with all applicable federal, state and county laws and regulations governing conflict of interest. 10,20. Political Activity/Lobbying Certification. OpenGov may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency 10 OpenGov plaster Services Agreement City of Baldwin Park, CA - Revised September 11, 2024 65431.00105\42662303.1 IM 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. Designated Representatives. Customer hereby designates Sam Gutierrez, or designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). OpenGov hereby designates Patricia "Patty" Martin, or designee, to act as its representative for the performance of this Agreement ("OpenGov's Representative"). City of Baldwin Park, CA Signature Name Title Date OpenGov, Inc. Signature _ Name Title Date OpenGov plaster Services Agreement City of Baldwin Park, CA - Revised September 11, 2024 65431.00105\42662303.1 Creation Date: 7/7/2024 Document Number: PS-05103 Version Number: 2 Created by: Jennifer Nordin 2023 Enterprise Asset Management Statement of Work vi 1. Overview and Approach 1.1. Agreement 2. Statement of Work 2.1. Project Scope 2.2. Facilities and Hours of Coverage 2.3. Key Assumptions 2.4. Exclusions 2.5. OpenGov Responsibilities 2.5.1. Activity I - Project Management 2.5.2. Activity 2 - Initialization 2.5.3. Activity 3 - OpenGov Domains 2.5.4. Activity 4 - Training 2.6. Your Responsibilities 2.6.1. Your Project Manager 2.7. Completion Criteria 2.8. Estimated Schedule 2.9. Illustrative Project Timelines 2.10. Offer Expiration Date Appendix A: Engagement Charter A-1: Communication and Escalation Procedure A-2: Change Order Process A-3: Deliverable Materials Acceptance Procedure Appendix B: Implementation Activities 3 3 3 3 4 4 4 5 5 6 6 7 7 7 8 8 8 8 9 9 9 10 11 2023 Statement of Work v1 2 This Statement OfWork ("S0VV" identifies services that OpeORov,Inc. hOpeDGOV"Qr"we" wiU perform for City of Baldwin Park, CA ("Customer" or "you") pursuant to that order for Professional Services entered into between OpenGov and the Customer ("Order Form") which references the Master Services Agreement or other applicable agreement entered into by the parties (the "Agreement"). • Customer acknowledges and agrees that this Statement of Work is subject to the confidentiality obligations set forth in the Agreement between OpenGov and Customer. • The Deliverables listed in Appendix B are the single source Ofthe truth of the dB|iv8r8b|go tQb8provided. � Customer's use of the Professional Services is governed by the Agreement and not this • Upon execution of the Order Form or other documentation referencing the SOW, this SOW shall beincorporated byreference into the Agreement. • In the event of any inconsistency or conflict between the terms and conditions of this SOW and the Agreement, the terms and conditions of this SOW shall govern with respect to the subject matter of this SOW only. Unless otherwise defined herein, capitalized terms used in this SOW shall have the meaning defined iDthe Agreement. • This SOW may not be modified or amended except in a written agreement signed by a duly authorized representative ofeach party. • OpenGov will be deployed as is, Customer has access to all functionality available in the current release. This SO &se_t7[anaqamaPt--as— defined in the OpenGov Responsibilities section of this document (�jection 2.5). Any additional services or support will be considered out of scope. Under this project, OpenGov will deliver cloud based Enterprise Asset Management solutions to help the Customer power a more effective and accountable government. OpenGov's estimated charges and schedule are based on performance of the activities listed in the "OpenGov Responsibilities" section below. Deviations that arise during the project will be managed through the procedure described in Appendix A-2: Project Chang Control Procedure, and may result in adjustments to the Project Scope, Estimated Schedule, Charges and other terms. These adjustments may include charges on a time -and -materials or fixed -fee basis using OpenGov's standard rates in effect from time time for any resulting additional work or waiting time. I 2023Statvment of Wvmv1 2.2, Facilities and Hours of Coverage Op8RGOVVviU: A. Perform the work under this OOVV rRnlOte|y\ except for any project -related activity which OpenGov determines would be best performed at your facility in order to complete its responsibilities under this SOW. B. Provide the Services under this SOW during normal business hours, 8:3O@rntO 8:OOpn0local time, Monday through Friday, except holidays. The SOW and OpenGov estimates are based on the following key assumptions. Deviations that arise during the proposed project wiUb8[DGOGgedthrVUghth8P[ jeCtCh8OgeCOOtrQ| Procedure (see Appendix 4r2),and may result iOadjustments tOthe Project 000pe, Estimated Schedule, Charges, and other terms. Per A. The OpenGov Suites are not customized beyond current capacities based on the latest release Ofthe software. B. Individual software modules are configured based on discussions between OpenGov and Customer. C. Enterprise Asset Management i OpeDG0Vwill provide all services remotely via audio; video; and web conferences unless otherwise noted. ii OpenGov assumes that the customer is responsible for performing quality control measures 0Oits data inE4M. iii OpenGOvassumes that the customer iGresponsible for testing its workf lows, automations, integrations, and configurations within the EAM and will update the configurations 8Spart Ofits testing and training activities. iv. OpenGOvassumes that the customer accepts EAMupon the completion of the go -live event Y If a non -API integration is included in scope, Customer is responsible for engaging third party vendor iO obtain data, configuration, and/or third party integration support. Vi. |fan4P|integration iSincluded inscope, Customer i8responsible for providing access to 8t8St instance of the third party API including 6 URL, authentication credentials, and relevant documentation. vii OpSDGOvbest practice iS\Qnot exceed tested limits Ofthe product. A. Implementation of any custom modification or integration developed by OpenGov; your internal staff; Q[any third -party iSnot included inthe scope Ofthis project unless specifically listed iOAppendix B. 2023Statvment of Wvmv1 B. Data conversion services from other software system(s) or sources (including Navigator databases) are not included in the scope of this project unless specifically listed in Appendix B. C. Any service items discussed during demonstrations; conference calls; or other events are not included in the scope of this project unless specifically listed in Appendix B. OpenGov will provide project management for the OpenGov responsibilities in this SOW. T-hti r—MTZ�7v't* �"IYJ'6 provide a framework for project planning, communications, reporting, procedural and contractual activity. This activity is composed of the following tasks: Planning A. review the SOW, contract and project plan with Customer's Project Manager and key stakeholders to ensure alignment and agreed upon timelines; C. establish documentation and procedural standards for deliverable Materials-, and D. Collaborate with your Project Manager to prepare and maintain the project plan for the performance of this SOW which will include the activities, tasks, assignments, and project milestones. OpenGov will: A. review project tasks, schedules, and resources and make changes or additions, as appropriate. Measure and evaluate progress against the project plan with your Project Manager; B. work with your Project Manager to address and resolve deviations from the project plan; C. conduct regularly scheduled project status meetings; and D. administer the Project Change Control Procedure with your Project Manager. Completion Criteria: This is an on -going activity which will be considered complete at the end of the Services contract. 2023 Statement of Work v1 • Project plan • Project Charter • Risk, Action, Issues and Decisions Register (RAID) 2.5.2. Activity 2 - Initialization 13• A. Customer Entity configuration B. System Administrators creation C. Solution Blueprint creation D. Data Validation strategy confirmation Completion Criteria: This activity will be considered complete when: • Customer Entity is created • System Administrators have access to Customer Entity • Solution Blueprint is presented to Customer Deliverable Materials: • Solution Blueprint • Sign -off of Initial Draft Solution Blueprint OpenGov will provide the following: Enterprise Asset Management Domains A. Transportation B. Walkability C. Stormwater Completion Criteria: .... • • Instance setup is completed • Requirements Gathering is completed • Start up Data is loaded • Asset Installation is completed • Integration is configured Deliverable Materials: 9 • sign off •• 2023 Statement of Work v1 6 Training will be provided in instructor -led virtual sessions unless otherwise specified in Appendix B. For any instructor -led virtual sessions, the class size is recommended to be 10, for class sizes larger than 10 it may be necessary to have more than one instructor. Completion Criteria: * Software training is delivere� The completion of the proposed scope of work depends on the full commitment and participation of your management and personnel. The responsibilities listed in this section are in addition to those responsibilities specified in the Agreement and are to be provided at no charge to OpenGov. OpenGov's performance is predicated upon the following responsibilities being managed and fulfilled by you. Delays in performance of these responsibilities may result in delay of the completion of the project and will be handled in accordance with Appendix A-2: Project Change Control Procedure. 2.6.1. Your Project Manager Prior tOthe start Ofthis project, yOUVViUdesigO81e@p8[8OUC@UedyOUrProject Manager who will be the focal point for OpenGov communications relative to this project@ndVViU have the authority tOact OObehalf Ofyou inall matters regarding this project. Your Project Manager's responsibilities include the following: A. manage your personnel and responsibilities for this project (fOreX8rnp|e: eOSUr8 personnel complete any self -paced training sessions, configuration, validation or user acceptance teStiDg); B. serve as the interface between OpenGov and all your departments participating in the project; C. administer the Project Ch@OgBCODtnD|P[OCeduF8vvithth8Project Manager; O. participate in project status meetings; E. obtain and provide information, data, and decisions within five (5) business days of OpenGov's request unless you and OpenGov agree in writing to a different response time; F resolve deviations from the estimated schedule, which may be caused by you; G. help resolve project iSSUeS@OdeSC8|ateiSSUeSvVithinyOUrOn7@DiZ@tiOD,8G necessary; and K create, with OpenGov'sassistance, the project p|anfOrthep8rfDrrnanCeOfthisSOVV which will include the activities, tasks, assignments, milestones and estimates. 2023Statvment of Wvmv1 OpenGovwi I I have fu If i I I edits obligations under this SOW when any of the fo I lowing first UCCUrS: A. OpenGov accomplishes the activities set forth in "OpenGov responsibilities" section and delivers the services iOAppendix B@Slisted, ifany; O[ B. The End date iSreached OpeDGOV will schedule resources for this project UpUD signature of the order form. UA|eSS specifically noted, the OpeDGOvassigned project O08nGg8rVviUVVQrkvVithCWStQrnerP j8Ct Manager to develop the project schedule for all requested deliverables under this SOW. OpeDGOv [eS8rVeS the right to 8diUSt the schedule based UDthe availability Of OpeQGOv resources @Od/0[ Customer r8SOUrCBS, and the timeliness of deliverables provided by the The Services are currently estimated to start within two (2) weeks but no later than four (4) weeks from signatures and have an estimated end date of nine months after signatures ("End Date") or on other dates mutually agreed to between you and OpenGov. The typical project tinne|in8S@refQriUU3tratiVepU[pOSeSOAk/aDdnnayQOtref|eCtyOUrUSe cases. Enterprise Asset Management Suite Illustrative Timeline Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Integrations / Conversions Define and Plan Design Enterprise Asset Managment Build and Test Deliver Timeline is dependent on the number of phases and other factors. Customer is responsible for attending the kick off of each phase, providing any necessary data for each phase, partici sessions during active phases, and signing off on deliverables at the end of each phase. 2023Statvment of Wvmv1 Active engagement throughout the implementation process is the foundation of a successful deployment. To help assess progress, address questions, and minimize risk during the course of deployment both parties agree tVthe following: • Regular communication aligned tothe agreed upon project p|anandtinning. o OpenGov expects our customers to raise questions or concerns as soon as they arise. Op8AGVvwill dnthe same, inorder tQbe able t0address items when known. • Executive involvement » Executives may be called upon tQclarify expectations and/or resolve confusion. o Executives may be needed to steer strategic items to maximize the value through the deployment. • Escalation Process: o Op8OBOvand Customer agree tUraise concerns and follow the escalation process, resource responsibility, and documentation inthe event 8nescalation iSneeded tO support issues raised • Identification Of8Dissue impeding deployment progress, outcome or capturing the value proposition, that innot acceptable. • Customer DrOpenGOvProject M@nag8raUrnrn8riz8stheprOb|enns18ternent and impasse. • Customer and OpeOGOVProject M@O@gerSjOiOdyVVi|!UUt|ineSO|Uti0D, acceptance 8rschedule Executive review. • Resolution will be documented and signed off following Executive review. Phase o OpenGov requests sign -offs at various stages during the implementation of the project. Once the Customer has SigQ8d-8ff,any additional changes requested bv Customer on that stage will require a paid change order for additional hours for OpeOGOvtOcomplete the requested changes. This SOW and related efforts are based on the information provided and gathered by OpenGov. Customers acknowledge that changes to the scope may require additional effort or time, resulting iAadditional cost. Any change tOscope must b8agreed tniRwriting O[email, bvboth Customer and OpenGOv\and documented assuch via @: � Change Order - Work that is added to or deleted from the original scope of this SOW. Depending on the magnitude of the change, it may or may not alter the original contract amount or completion date and be paid for by Customer. Changes might include: O Timeline for completion O Sign off process 0 Cost Ofchange and Invoice timing O Amending the SOW tOcorrect @n error. 2023Statvment of Wvmv1 O Extension Of work as the CO[Dp|8Xity identified exceeds what was expected by Customer D[OpenAOv. O Change iDtype OfOpeDGUVresources tOsupport the SOW. Deliverable Materials as defined herein will be reviewed and accepted in accordance with the following procedure: • The deliverable Material will besubmitted t0your Project MGO@gSc • Your Project M8D8gervviUh@vedeCioiDOauthOritytOapprove/reject aUproject Criteria, Phase Acceptance and Engagement Acceptance. • Within fiVD(5)business days Qfreceipt, your Project Man8gervViUeithHr@COeptthe deliverable Material Orprovide Op8nGOv'sProject M8nager8whtten|istOfn3qU8ated revisions. |fOpenGnvreceives nDresponse from your Project Manag8rvvithinfive(5) business days, then the deliverable Material will be deemed accepted. The process will repeat for the requested revisions until acceptance. • All acceptance milestones and associated review periods will be tracked on the project plan. • Both OpenGov and Customer recognize that failure to complete tasks and respond to open issues may have Bnegative impact Onthe project. • For any tasks not yet CUrnp|8te, Op8nGovand/or Customer will provide sufficient resources tOexpedite completion Dftasks tQprevent negatively impacting the project. • Any conflict arising from the deliverable Materials Acceptance Procedure will be addressed aospecified inthe Escalation Procedure set forth inAppendix 4rl. ASset forth inthe "Customer Delays" provision of the Agreement, if there are extended delays (greater than 10 business days) in Customer's response for requested information or deliverable; OpenGov may opt tOput the project On8n"UnHO|d"StGtUG. After the Customer has fulfilled its obligations, Professional Services can b8resumed and the project vvi||betakenOff1he "On -Hold" status. • Putting 3 project "on Ho|d"nn8y have several ramifications including, but not restricted, to the following: o Professional Services tOthe customer could b8stopped; o Delay tOany agreed timelines; Or o Not having the same Professional Services team assigned. 2023Statvment of Wvmv1 Appendix a Implementation Activities Setup OpenGov will: • Setup a hosted, sandbox and production OpenGov Asset Management environment. • Provide an overview, up to two (2) hours, of OpenGov and ArcGIS Online user -based logins and User/Role functionality. • Provide a template file to be utilized by your staff to populate Roles and Users to be utilized for OpenGov Asset Management. • Utilize the template to create users and roles in OpenGov Asset Management. (Note: Subsequent User and/or Role changes will be your administrator's responsibility.) • Provide documentation and guidance, up to four (4) hours, for your technical GIS staff to configure Esri Basemap Services for OpenGov Asset Management integration. Guidance will be geared towards OpenGov Asset Management/Esri integration functionality and requirements. • Setup the OpenGov Asset Management Platform, including the Request, Work, Resource, and Asset Management areas of the software. Asset Management solutions will be setup for oil solutions referenced in the Assets section of the scope unless otherwise noted. OpenGov will • Provide a remote, up to twelve (12) hours, requirement gathering workshop to increase our understanding of your business and functional goals. Through workshops and interviews, OpenGov will identify best fit scenarios for OpenGov Asset Management and provide a brief including any challenges as well as recommendations for OpenGov Asset Management best practices relevant to your implementation. Configurations OpenGov will: • Provide configuration services, including: o Up to ten (10) custom fields and up to two(2)custom layouts per asset type listed in the Assets section below o Up to thirty (30) custom fields and up to ten (10) custom layouts to be utilized in any of the shared areas of the system, such as Tasks o Up to twenty (20) automations o Up to twenty(20) preventative maintenance plans Training OpenGov will: Foundational Training • Provide remote train -the -trainer training, up to two (2) hours, on overall system navigation and functionality to help familiarize your staff with the software environment and its common functions. Training topics include: o Dashboards o Standard KPI/ROl Gadgets o Logins/Permission 2023 Statement of Work v1 11 o Layers o Filters o Maps o Grids o System Navigation o Views (List & Detail) o Standard Reports o Attachments o Requests, Work, Assets, Resources, Reports, and Administrator Tabs • Provide remote train -the -trainer training, up to one (1) hour, for an overview of Preventative Maintenance Plans. • Provide remote train -the -trainer training, up to one (1) hour, for an overview of Asset Condition Manager and Advanced Inspections. • Provide remote train -the -trainer training, up to two (2) hours, for an overview of Reporting. • Provide remote train -the -trainer training, up to two (2) hours, on OpenGov Asset Management Esri integration functionality. Training topics include: o OpenGov Asset Management Esri integration configuration options o Integration functionality(basemap and feature) o Overall Esri integration requirements, considerations, and OpenGov recommended best practices Train the Trainer Training Event • Provide a three-day (3-day) onsite "train -the -trainer" training event. The training agenda will be defined and agreed upon by both OpenGov and your project manager. To avoid redundancy, and to utilize service time efficiently, training may cover a subset of the assets listed in the Asset section of the scope. Topics may include any of the following: o Request Management: • Requests • Requesters • Task Creation from Requests • Issue library (including settings such as Applies to Asset and Non -Location) • OpenGov recommended best practices for Request and Requester Management o Work Management: • Create Task(s)(Asset/Non-Asset) • Assignments (Add, Edit, Remove) • Task Menu Actions • Related Work Items • Create Work Order • Associate Task to WO • Repeat Work Orders • Work Order Menu Actions • Enter Resources • Timesheets • Activity library (including settings such as Applies to Asset, Inspection, Key Dates, Cost, and Productivity) • OpenGov recommended best practices for Work Management o Asset Management: 2023 Statement of Work v1 12 • Asset Details • Preventative Maintenance Plans • Inspections • Linked assets (if applicable) • Container/Component Relationships (if applicable) • OpenGov recommended best practices for Asset Management o Resource Management: • Resource Details • Labor/Equipment Rates • Material Management (Stock, Usage, Adjustments) • Vendor Price Quotes • OpenGov recommended best practices for Resource Management o OpenGov Mobile: • Overall system functionality (Navigation, Interface, Maps, Attachments, Sorting) • Work Management • Create and Update Tasks (Asset/Non-Asset) • Assign Tasks • Enter Resources • Inspections • Asset Management • Create and Update Assets • Request Management • View and Update Requests • View Requester information • Create Task from Request • OpenGov recommended best practices for mobile device use o Administrator: • Administrator: • User Administration, Role Administration, Asset Administration, Record Filter Administration, Import/Export, Scheduled Process Log, Error Log • Settings: • System Settings, Map Administration, Geocode Settings, GIS Integration settings, Asset Color Manager • Manager: • Layout Manager, Library Manager, Preventative Maintenance, Asset Condition Manager, Notification Manager, Structure Manager, Automation • Manager Advanced Training Topics: • Provide Preventative Maintenance Plans remote train -the -trainer training, up to three (3) hours. Training topics include: o Preventative Maintenance o OpenGov recommended best practices for proactive asset management • Provide Advanced Inspections, Asset Condition Manager, and Asset Risk remote train -the -trainer training, up to four(4) hours. Training topics include: o Performance Management • Prediction Groups • Minimum Condition Groups • Activities and Impacts 2023 Statement of Work v1 13 • Criticality Factor • Install/Replaced Dates o Business Risk Exposure • Risk • Consequence of Failure • Probability of Failure o OpenGov recommended best practices for Asset Risk Functionality , advanced inspections and condition management • Provide Integration Toolkit remote train -the -trainer, up to two (2) hours. Training topics include: o API o Webhooks o Scheduled Import/Export o OpenGov recommended best practices for utilizing the Integration Toolkit Go -Live OpenGov will: • Provide a remote, up to eight (8) hours, web conferences, be utilized for Go -Live Support. The agenda will be defined, and agreed upon, by both your and OpenGov's project managers. Topics may include any of the following: o Refresher training for items listed in the scope of work o Software and process support for staff during production roll out o Field, Layout, and Report configuration guidance, if applicable OpenGov will: • Provide one sandbox and one production data load service through standard import/export functionality. OpenGov will provide template documents for data population. Once populated by your staff, OpenGov will load the data into your sandbox or production OpenGov Asset Management environment. Data loads may include data such as: o Parent level asset records o Asset location (spatial x/y) attributes o Parent level resource (Labor, Equipment Material, Vendor) records o Resource Rate (Labor, Equipment, Material) records o Standard system libraries Integration • OpenGov staff will provide a uni-directional (one-way) Integration Service between ArborAccess and OpenGov. The integration includes the following data points: o Trees, tree work history will be imported from Arbor Access into OpenGov. o A sync using a unique ID • If ID exists; information will be updated • If ID does not exist; OpenGov will create a record or produce an error message o Assumptions • The integration will include up to 12 fields per integrated data point • Runtime interval for the sync is customer configurable but can occur no more frequently than hourly • Customer staff will be responsible for populating required values utilized to support integration • All data must be accessible to the OpenGov service from a flat file (.csv or .txt) 2023 Statement of Work v1 14 Assets OpenGov will: • Provide installation and training on the following asset types: o Transportation (8) • Bridge; Light Fixture; Pavement; Sign; Guardrail; Marking; Pavement Area; Support o Walkability(7) • ADA Ramp; Pavement Area: Sign; Tree; Light Fixture; Sidewalk; Support o Stormwater(9) • Storm Basin; Storm Channel; Storm Culvert; Storm Facility; Storm Inlet; Storm Manhole; Storm Outlet; Storm Pipe; Storm Pump 2023 Statement of Work v1 15 QG0G0v Order Form 1 2024 City of Baldwin Park, CA Cartegraph Integration May 2, 2024 Prepared By: Kevin Strauss, Director of Sales (631) 861-5812 Kevin@GoGovA[)DS.COM Prepared For: 7=11 MM IT Supervisor mhsu@baldwinDark.com Page 1 of 4 QGOGov Order Form 1 2024 Subscriptions & Services Order Details Page 2 of 4 Order Form | 2024 Terms & Conditions IMPORTANT NOTICE TO USER: GOGov, Inc. (dba "GOGov") owns all intellectual property in the software products listed in the Products and Services section (collectively "Software" or "Subscription Services") in the Order Form. Customer shall not modify, adapt, translate, rent, tease or otherwise attempt to discover the Software source code. The following terms and conditions (this "Agreement") will be effective as of the date of last signature of the Order Form ("Effective Date") and will be governed by the laws in force in the State of New York. I-. Software License. The Software subscription services and the accompanying files, software updates, lists and documentation are licensed, not sold, to you. You may use a copy of the Software on your compatible computer for the purpose of connecting to the hosted service provided by GOGov as long as you are a current subscriber and maintain your annual continued services for the applicable licenses. Except as expressly set forth herein, GOGov disclaims any and all express and implied warranties, including but not limited to warranties of merchantability and fitness for a particular purpose. 3. Continued Services 3.1 Hosting. GOGovagrees tomaintain Customer data in asecure dmtmcenherand iscommitted toproviding 99.5% uptime and availability. GOGov will perform nightly backups of your hosted data to an alternate physical location. 3,2 Ownership ofData. All hosted data specific toCustomer iaowned bythe Customer. Within thirty (]O)calendar days following termination of this Agreement, the Customer can request and GCGovwi8 provide complete copy of Customer's data without additional charge through a downioadabiezip file provided the customer is current on payments. 4. Payment Terms Et Fees 4J Subscription Tenn and Termination. The initial Subscription Tenn ofthis Agreement begins on Effective Date (last signature) and will continue to the end of the Initial Subscription Period listed in the Order Form. 4tthe end ofthe initial Subscription Term, Customer's subscription and this Agreement will renew for an additional twelve (12) month term and for subsequent twelve (12) month periods thereafter. Quotes for budgeting purposes wilt besent 6months prior Losubscription renewal. Invoices are sent approximately 6Odays prior tmsubscription renewal. Tocanceithim agreement, Customer should submit written notice toGOGovat not less than sixty (60) calendar days prior tothe end of the then -current Term. GOGm/ reserves the right toincrease the annual fees by 7%onthe anniversary date mfeach annual term. 4.2 Payment Terms. Initial payment isdue at the beginning of the subscription term. Each subsequent annual billing will bedue on the anniversary date mfthe initial term. Payment Terms are NET 30 Days from the invoice date. 4.3 Taxes Et Obligations. In exchange for its use of the Subscribed Services, Customer will pay LoGQGovthe amounts indicated in the Order. Said amounts are based on services purchased and not actual usage; payment obligations are non -cancelable and fees paid are non nefundabie' except as otherwise opecificaik/-provided herein. Unless otherwise stated, such fees do not include any taxes, levies, duties orsimilar governmental assessments ofany nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal orforeign jurisdiction ("Taxes'`). Customer isresponsible for paying all Taxes associated with its purchases hereunder. If GOGov has the legal obligation to pay or collect Taxes for which Customer is responsible, the appropriate amount will be invoiced to and paid by Customer' unless GOGov is provided with a valid tax exemption certificate authorized by the appropriate taxing authority. GOGov is solely responsible for taxes assessable against itbased onits income, property and employees. 4.4 Convenience Fees. ForGOGnv products that manage credit card processing, G0Guvwill add a Convenience Fee of $3.00 piuo3% per transaction tooffset the costs ofonline processing. 5. Limitation of Liability. GOGovwiK, at all times during the Agreement, maintain appropriate insurance coverage. In no event wilt GOGov's cumulative liability for any general, incidental, special, compensatory, or punitive damages whatsoever suffered by Customer or any other person or entity exceed 50% of the annual contract value at the point in time when the circumstances came about [msuch ciaim(m) of liability, even ifGOGovorits agents have been advised of the possibility ofsuch damages. Page of Order Form | 2024 f. Updating of Terms. Upon each renewal of this Agreement, the latest Master Terms Et Conditions that GOGov has published within the software ninety (90) days prior to the renewal date shalt replace these terms. Any Special Terms Et Exceptions listed in the original document shall carryover to the renewal terms. We reserve the right to change our Master Terms Ft Conditions at any time. If the changes are material, GOGov will advise the Customer by email or posting a notice on the site before changes go into effect. If the Customer does not agree to the new terms, Customer may contact to have objections considered. 7. Other Provisions T1 Other Public Agency Orders, Other public agencies may utilize the terms and conditions established by this Agreement ifagreeable toall parties. Customer does not accept any responsibility orinvolvement inthe purchase orders orcontracts issues byother public agencies. T2 Alternate Terms Disclaimed. The parties expressly disclaim any alternate terms and conditions accompanying drafts and/or purchase orders issued byCustomer. 8. Special Terms EtExceptions. None. and Conditions with this order form, will be referenced as the "Agreement." This Agreement between Custom and GOGov, which Customer hereby acknowledges and accepts, constitutes the entire agreement between COG and Customer governing the Services referenced above. Customer represents that its signatory below has t authority to bind Customer to the terms of this Agreement. I GOGov, Inc. City ofBaldwin Park, CA Sign: Sign: Name: DandBiowes Name: Title: CEO Title: Date: Date: Additional Customer Signatures (Optional) Sign: Sign: Name: Name: Title: 7ltbg: Page 4 of 4 Map Location Request Setup Request Delails GO Topic Cartegraph Is,sueType Auto-Seri-d A&sIgn . . . ..................... I "I .......... I...-,.-,.-,.-,.-,.-,.-,.-I.-I.-I.-I.-I.-I.-I.-I.-I.-I.-I.-I.-I.-I.-I.-I.-I.-I�-,�-,� .. . ..... . . ....... . I . . ...... . .... I'll, ........... ........... ............ I ............... "I .. . ................... 11.1'..." . ...... Pothole Repair Pothole Yes, None Sidewalk, Repair Sidewalk Complaint Yes None Streets Vkj nk S' to F t ed Reamgnpd to Paks Reassigned to PD Rpassignedlo Street Preservation Sent 'to cowity Work com�pleled Wvk De'ayea W <Ar,y> Work Started Sidewaik Complaint Work Delayed <A n y> Work Compieted Pothoie Sent to Cc u nty Sidewalk Complaint Sent to Caunty <Any> Sent to County <Any-> Reassigned to Street Preservation <A ny-� Reassigned to Codes <4 oy,, Reassigned to Parks <A n y-, Reassigned to CIP <A n y-�, Reassigned to PD Any, Duplicate ,"4ny> 4 n y-, Thankyou for using OlatheConnect. We have started the requested repair and will update you once Den Public the work has, been completed. Thank. you for using CiatheConnect. Unfortunately the work for this, request has been delayed. Den Public JjExtRec.Cornmentsj osed Reason Closed The requested work is, now complete. Please let us know if you have any more questions. Thankyou for using GlatheConnect. Unfortunately this request is notwithin the jurisdiction of the osed Reason Closed City of Olathe. Please contact the Johrson County PubUc VIorks, ctoportment of (913) 7,15-8,300. Thank you for using CiatheConnect. Unfortunately this request is not within the jurisdiction of the osed Reasor Oosed City cifolathe. Please contact the Johnsoo County Put dKVVorks cl�pop tment at (913) 715-8300. Thank you for using ClatheConnect. Unfortunately this request is not within the jurisdiction of the used Reos;an Ooseol' City of0lathe. Please contact the John -son County Pubhc Vvorks depcv to �ent at (913) 715-8300. Topic = Street Preservation Private Incorrectly sent to Cartegraph. Reassigning to Street Preservatian & unlinking ticket from Cartegraph. Topic = Exterior Maintenance Private Incorrectly sent to Cartegraph. Reassigning to Buliding Codes & unfinking ticket f rom Cartegraph. Topic = Park —Trail Maintenance Private Incorrectly sent to Cartegraph. Reassigning to Parks, & unlinking ticket f rom Cartegraph. Topic = Capital Improvement Plan Private incorrectly sent to Cartegraph. Reassigning to Engineering & unlinking ticket from Cartegraph. Topic = Traffic Violation Private Incorrectly sent to Cartegraph. Reassigning to PD & unlinking ticket f rom Cartegraph. osed - No Notify Rec�sun Closed This, was a duplicate ticket and closed. used Reoson Closed Your issue was resolved. Thank you for reporting this to us. ITEM NO. 6 TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance sa,DATE: January 19, 2022 0'w SUBJECT: Approve an Agreement with OpenGov, Inc. for the OpenGov Budgeting & Planning Suite + OpenGov Reporting & Transparency Suite SUMMARY The purpose of this staff report is to request the City Council to approve a budget software program implementation and support agreement with OpenGov, Inc. The Finance Department has historically relied on complicated spreadsheets for its budget preparation and financial analysis. The process requires lengthy manual input from the staff. Departments rely on the Finance to create or run reports for the status of financial operation. A more contemporary, efficient and effective solution would utilize a purpose-built Budgeting & Transparency software solution. RECOMMENDATION Staff recommends the City Council: 1. Authorize the Mayor to execute the three-year agreement with OpenGov, Inc. with an additional two one-year options; and 2. Authorize the Director of Finance to make all necessary appropriation and budget amendments. FISCAL IMPACT There is no fiscal impact to the General Fund at this time. The cost to implement the budget software program is $42,343 in annual software & support costs and a one-time deployment cost of $44,770. The one-time deployment cost and the first three-year annual support costs in the total amount of $171,799 will be funded from the ARPA funds, account #275-20-730-58105-52000. The agreement includes the option to extend the contract for an additional two one-year periods after the 31d year of the contract. Funding for these optional years will be determined during the future budget process. BACKGROUND Staff anticipates a 25% reduction in time needed to complete budget preparation and review, and hundreds of hours saved to create the final budget document with OpenGov's budgeting software program. Staff also anticipates reduction in time needed to create reports for department heads, quarterly reports, City Council reports and the general public. Contracting with OpenGov for their budgeting solution will allow the public, Council, and city staff to have periodic (external) and real time (internal) results that are available through their transparency platform. The transparency platform includes management dashboards that are customizable to enable analyses of operations and funding needs that will optimize planning and allocation of resources. The budgeting solution also includes the ability to create Capital Improvement Plans, which can be incorporated into the budget document. Additionally, the budgeting solution will be directly integrated with the City's Tyler Incode 10 Financial System to ensure accuracy and minimize staff re -work. Staff has confirmed that the price proposed by OpenGov is below the National Association of State Procurement Officials (NASPO) price list offered by a NASPO ValuePoint ("NASPO") vendor, which is also an authorized reseller of OpenGov. NASPO is a cooperative purchasing program facilitating public procurement solicitations and agreements using a lead -state model. Additionally, for procurement purposes, OpenGov's software platform is the only integrated multi -tenant Software as a Service ("SaaS") solution that can meet and/or exceed the City's desired goals for communications, reporting, and civic engagement, as described in detail under the Product Selection section. LEGAL REVIEW The City Attorney has reviewed this report and the attached agreement with OpenGov, Inc. ALTERNATIVES City Council may decide not to approve this request and direct staff to continue the current manual budget preparation. ATTACHMENTS 1. Service order form and agreement from OpenGov, Inc. ITEM NO. 4 FROM: SAID GABRIEL "" b DATE: JA+Ww SUBJECT Honorable Mayor and Members of the City Council Enrique C. Zaldivar, Chief Executive Officer October 2, 2024 Approval of Resolution No. 2024-044 for a One -Time City Hall Closure SUMMARY This report requests City Council approval to close City Hall to visitors and customers from December 23, 2024, through January 3, 2025, and offer qualified employees the opportunity to utilize accrued vacation, and/or holiday, and/or admin leave, and/or comp -time, and/or unpaid leave during the closure should the employees select to take time off. Cancellation of the City Council regular meetings during the holiday period and in the Summer of 2025 are also included. RECOMMENDATION It is recommended that the City Council: 1. Approve Resolution No. 2024-044 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, approving a one-time City Hall closure from December 23, 2024 through January 3, 2025, 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 18, 2024, January 1, 2025 and July 2, 2025 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. FISCAL IMPACT The cost is minimal and will be offset by energy savings from reduced utility use at City Hall for a total amount of five (5) working days. DISCUSSION The Christmas Holiday is a period of very low activity at City Hall. Many contractors, engineers, and architects' offices are closed for the holiday break. Last year the City Council approved a one-time City Hall closure during the Christmas & New Year Holiday. The level of city services was not impacted in any significant way, and emergency response operations were staffed appropriately with no complaints from the public about the closure. Moreover, Council's approval was very well received by the City of Baldwin Park's eligible employees. Public safety employees (BPPD) will not be affected, and the Public Works Maintenance Yard will make provisions for minimum staffing during the Holiday closure. Additionally, the city has notified the representing unions of the City's intent for the temporary closure of City Hall. To a large extent, employees accrue their vacation time to the maximum cap as their dedication to their work responsibilities makes them reluctant to take time off. By having a full closure of City Hall and cancelling the City Council meetings, it would provide conditions more conducive to employees taking time off. Page 1 / 2 Given that the Regular City Council meeting of July 2, 2025 falls during Independance Day Week, we are also recommending that the Regular Council meeting be cancelled in recognition of the fact that many folks would utilize this week as a summer recess. Relevant dates for the City Council to consider as far as high school graduations are as follows: North Park High School: Wednesday, June 4, 2025 Baldwin Park High School: Thursday, June 5, 2025 Sierra Vista High School: Thursday, June 5, 2025 North Park High School graduation is on the same day as the City Council meeting. Options for City Council to consider include: • Move the City Council meeting time either to an earlier or later time once the exact time of the graduation is known. Poll Councilmembers for attendance to the graduation. Cancel the Regular City Council meeting. LEGAL REVIEW This report does not require legal review. ATTACHMENTS 1. Resolution No. 2024-044 Page 2 / 2 RESOLUTION NO. 2024-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING A ONE-TIME CITY HALL CLOSURE FROM DECEMBER 23, 2024 THROUGH JANUARY 3, 2025 AND AUTHORIZING CANCELLATION OF THE CITY COUNCIL REGULAR MEETINGS ON DECEMBER 18, 2024, JANUARY 1, 2025 AND JULY 2, 2025. WHEREAS, Authorization of a one-time City Hall closure will allow staff to take a much needed unrelieved break; and WHEREAS, Approving this one-time closure will enable staff to take accumulated time off the books as a result of the employees not able to take time off due to their dedication to their work responsibilities, without the risk of losing those hours or transferring them to an additional bank of accruals; and WHEREAS, City Council recognizes that due to significant slowdown in business activity during the Christmas Holiday, there will be an energy savings from reduced utility use at City Hall. City Council may elect to close down City Hall December 23, 2024 through the January 3, 2025 as well as approve the cancellation of the City Council Regular meetings on December 18, 2024, January 1, 2025 and July 2, 2025. City Council may also consider alternatives as far as high school graduations may be scheduled on a day of the City Council regular meetings. City Council may consider moving the Council meeting time either to an earlier or later time, poll Councilmembers for attendance to the graduation, or cancel the regular meeting; and WHEREAS, City Council instructs the Chief Executive Officer to provide adequate notification to Baldwin Park residents and customers by informing them of the City Hall closure, through Social Media platforms, Closure notices posted at City Hall and all City facilities; and WHEREAS, City Council recognizes employees staffed in emergency response operations that are legally required to be open for business, are exempt from this resolution and may coordinate with supervisors for scheduling time off at a future date. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park adopts Resolution No. 2024-044 to approve a one-time City Hall closure of December 23, 2024 through January 3, 2025, and authorizes qualified city staff to utilize accrued vacation, and/or holiday, and/or admin leave, and/or comp -time, and/or unpaid leave during the closure. Also approve the cancellation of the City Council regular meetings on December 18, 2024, January 2, 2025 and July 1, 2025. PASSED, APPROVED AND ADOPTED this 2nd day of October 2024. EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK j- 1, Christopher Saenz, City Clerk of the City of Baldwin Park hereby certify that the foregoing Resolution No. 2024-044 was duly adopted by the City Council of the City of Baldwin Park at a regular scheduled meeting held on the 2nd day of October, 2024, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CHRISTOPHER SAENZ CITY CLERK ITEM NO. 5 +�►��Wz, TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer s'EL PREPARED BY: Shirley Quinones, Chief Deputy City Clerk DATE: October 2, 2024 SUBJECT: Adoption of Resolution No. 2024-045 Requesting the California Insurance Commissioner, State Legislature, and the Governor take Emergency Action to Strengthen and Stabilize California's Marketplace for Homeowners and Commercial Property Insurance SUMMARY The adoption of Resolution No. 2024-045 would request the California Insurance Commissioner and State Legislatures, and the Governor to declare a state of emergency and take immediate emergency regulatory and legislative action to strengthen and stabilize California's marketplace for homeowners insurance and commercial property insurance. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 2024-045 entitled "A Resolution of The City Council of the City of Baldwin Park, California, Requesting the California Insurance Commissioner, State Legislature, and the Governor take Emergency Action to Strengthen and Stabilize California's Marketplace for Homeowners and Commercial Property Insurance." FISCAL IMPACT There is no fiscal impact to the City associated with the adoption of Resolution No. 2024-045. BACKGROUND/DISCUSSION In 1988, California voters enacted Proposition 102, which established a robust set of consumer protections designed to keep insurance rates fair and affordable and to ensure a competitive marketplace. Last year, two of the State's largest insurance carriers, representing over 27% of the admitted insurance market in California, announced they would stop issuing new homeowners and commercial property insurance policies in California. Several others, representing more than an additional 36% of the market, announced plans to limit new policy origination. The reduction of insurance options in the State has a direct negative effect on consumer access to coverage; in all parts of the State, homeowners and business owners are now unable to obtain new insurance policies from the admitted insurance market. Access to insurance allows existing homeowners to protect what is for many their largest and most important asset, but a scarcity of options may freeze real estate transactions and slow or stop the rate of new housing development, including attached dwelling units like affordable housing projects, exacerbating the State's critical housing shortage. Page 1 / 2 Californians who cannot obtain coverage from the admitted market are forced to apply for protection through the California Fair Access to Insurance Requirements (FAIR) Plan, a state -established risk pool intended to operate as California's insurer of last resort providing temporary coverage as consumers pursue insurance in the traditional market. The collapsing admitted -provider market has caused steadily increasing enrollment in the FAIR Plan over the past five years, threatening the ongoing stability of the plan, putting even the safety net at dire risk. Policy decisions have placed Californians' homes and businesses at risk of catastrophic loss that can only be prevented by stabilizing the homeowners insurance and commercial property insurance markets, while providing rates that remain fair and affordable to consumers, and maintaining the ongoing viability of the FAIR Plan, which provides a vital safety net to Californians whose policies are nonrenewed and to homebuyers who cannot secure a mortgage without insurance. The California Insurance Commissioner has released draft regulations to address this immediate crisis but the Little Hoover Commission hearing on March 28, 2024, reports that reforms "will not go into effect until at least 2026, and it may take a few years after that for the market to react... this timeline, of course could be delayed further if lawsuits by any party, including insurers or consumers, were to occur." On July 25, 2024, the California Insurance Commissioner entered into a breakthrough agreement to modernize the FAIR Plan. Nonetheless, more urgent action is necessary to stabilize the California insurance market and address the insurance crisis. The California Insurance Commissioner has broad authority under the Insurance Code to adopt emergency regulations to promote the public welfare, including under sections 1861.01, 1861.05, and 1861.055, to adopt emergency regulations governing the prior approval process for insurance rate change applications, and to adopt emergency regulations under section 11346.1 of Government Code and section 12921.7 of the Insurance Code. The recommended Resolution requests that the Insurance Commissioner, State Legislature, and the Governor declare a state of emergency and take immediate emergency regulatory and legislative action to strengthen and stabilize California's marketplace for homeowners insurance and commercial property insurance. ALTERNATIVES Council may choose to not approve this Resolution. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Resolution No. 2024-045 Page 2 / 2 RESOLUTION NO. 2024-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, REQUESTING THE CALIFORNIA INSURANCE COMMISSIONER, STATE LEGISLATURE, AND THE GOVERNOR TAKE EMERGENCY ACTION TO STRENGTHEN AND STABILIZE CALIFORNIA'S MARKETPLACE FOR HOMEOWNERS AND COMMERCIAL PROPERTY INSURANCE WHEREAS, In 1988, California voters enacted Proposition 103, which established a robust set of consumer protections designed to keep insurance rates fair and affordable and to ensure a competitive marketplace; and WHEREAS, last year, two of the State's largest insurance carriers, representing over 27 percent of the admitted insurance market in California, announced they would stop issuing new homeowners and commercial property insurance policies in California; several others, representing more than another 36 percent of the market, announced plans to limit new policy origination; and WHEREAS, the reduction of insurance options in the State has a direct negative effect on consumer access to coverage: in all parts of the State, homeowners, business owners are now unable to obtain new insurance policies from the admitted insurance market; and WHEREAS, access to insurance allows existing homeowners to protect what is for many their largest and most important asset, but a scarcity of options may freeze real estate transactions and slow or stop the rate of new housing development, including attached dwelling units like affordable housing projects, exacerbating the State's critical housing shortage; and WHEREAS, Californians who cannot obtain coverage from the admitted market are forced to apply for protection through the California Fair Access to Insurance Requirements (FAIR) Plan, a state -established risk pool intended to operate as California's insurer of last resort providing temporary coverage as consumers pursue insurance in the traditional market; and WHEREAS, policy decisions have placed Californians' homes and businesses at risk of catastrophic loss that can only be prevented by stabilizing the homeowners insurance and commercial property insurance markets while providing rates that remain fair and affordable to consumers, and maintaining the ongoing viability of the FAIR Plan, which provides a vital safety net to Californians whose policies are nonrenewed and to homebuyers who cannot secure a mortgage without insurance; and WHEREAS, the California Insurance Commissioner has released draft regulations to address this immediate crisis but the Little Hoover Commission hearing on March 28, 2024 reports that reforms "will not go into effect until at least 2026, and it may take a few years after that for the market to react ... this timeline, of course could be delayed further if lawsuits by an party, including insurers or consumers, were to occur"; and WHEREAS, on July 25, 2024, the California Insurance Commissioner entered into a breakthrough agreement to modernize the FAIR Plan. Nonetheless, more urgent action is necessary to stabilize the California insurance market and address the insurance crisis; and WHEREAS, the California Insurance Commissioner has broad authority under the Insurance Code to adopt emergency regulations to promote the public welfare, including under sections 1861.01, 1861.05, and 1861.055, to adopt emergency regulations governing the prior approval process for insurance rate change applications, and to adopt emergency regulations under section 11346.1 of Government Code and section 12921.7 of the Insurance Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: SECTION 1. The Insurance Commissioner, State Legislature, and the Governor are requested to declare a state of emergency and take immediate emergency regulatory and legislative action to strengthen and stabilize California's marketplace for homeowners insurance and commercial property insurance. The Commissioner, Legislature, and Governor must consider the following goals in crafting an appropriate regulatory response: A. Expand coverage choices for all consumers, particularly in underserved areas of the State. B. Improve the efficiency, speed, and transparency of the California Department of Insurance's rate approval process. C. Modify the rate approval process to account for all factors necessary to promote a robust, competitive insurance marketplace, including through potential revisions to the way catastrophe risks, reinsurance costs, and other legitimate insurer costs are accounted for. D. Maintain the long-term availability of homeowners and commercial property insurance coverage. E. Maintain the financial competence of the FAIR Plan to protect its policyholders and promote long-term resiliency in the face of extreme weather events, including by identifying mechanisms to reduce its share of the overall market in underserved areas and move its customers into the admitted insurance market. SECTION 2. That the City Clerk shall certify to the adoption of this Resolution and that this Resolution shall go into effect immediately upon approval. APPROVED AND ADOPTED this October 2, 2024. Emmanuel J. Estrada Mayor [ATTESTATION ON NEXT PAGE] ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK 1, CHRISTOPHER SAENZ, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution 2024-045 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council held on September 18, 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Christopher Saenz, City Clerk ITEM NO. 6 TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works PREPARED BY: David Lopez, Associate Engineer DATE: October 2, 2024 SUBJECT: Award of Contract for City Project No. CIP 24-001-55027 — Morgan Park Restroom Improvements SUMMARY This item authorizes the award of a construction contract for City Project No. 24-001-55027 — Morgan Park Restroom Remodel, in the amount of $403,039 to Corral Construction Development, Inc. The project includes construction of improvements to the existing public restroom building at Morgan Park. Improvements include plumbing, ADA building code compliance improvements, wash stations, stalls, infant changing stations, fixtures change out and interior wall and partitions remodel. RECOMMENDATION Staff recommends that the City Council: 1. Determine that the bid submitted by CO Brothers LLC is a non -responsive bid; and 2. Approve and award the construction contract to Corral Construction Development, Inc. of Commerce, CA in the amount of $403,039.00; and, 3. Authorize the Director of Public Works to negotiate and execute an agreement with the City's on -call consultants for construction management and inspection services in an amount not -to -exceed $34,258.00; and, 4. Authorize a 1.2% construction contingency in an amount not -to -exceed $48,365.00; and 5. Authorize the Mayor and City Clerk to execute the contract with Corral Construction Development, Inc. FISCAL IMPACT There is no fiscal impact to the General Fund. This project is funded by ARPA Funds in the amount of $485,662. The following table lists the funds available for CIP No. 24-001-55027: Approved Funds CIP 24-001-55027 1 American Rescue Plan Act — ARPA $550,560.00 Total $550,560.00 Construction Cost Amount Construction Contract $403,039.00 Construction Contingency 12% $ 48,365.00 Inspection and testing 8.5% $ 34,258.00 Total $485,662.00 BACKGROUND At their August 2, 2023, City Council Meeting, City Council awarded an agreement to Infrastructure Engineers a Bowman Consultant Group, Ltd. Company (Bowman) for design services, including the preparation of Plans, Specification, and Estimate (PS&E) for improvements to the public restrooms at Morgan Park. As part of the work, three (3) conceptual renderings were produced and shared at community engagement events. Page I / 3 On March 6, 2024, Bowman completed the work and submitted the PS&E for plan check and approval. On April 11, 2024, staff received a proposal from RKA Consulting Group to provide services for Building and Safety Code plan check review. RKA completed its review on May 14, 2024 and provided staff with comments and corrections. On June 11, 2024, Bowman re -submitted the PS&E addressing the corrections for staff review. On August 7, 2024, City Council accepted plans and specifications and authorized Staff to solicit bids through the publication of a Notice Inviting Bids (NIB). On September 11, 2024, ten (10) bids were received and pubically opened. DISCUSSION Upon review of the bids received, Staff determined that the apparent low bid submitted by CO Brothers LLC, was non -responsive as the contractor failed to include the required bid guarantee. Staff also deemed the sixth lowest bid submitted by Bridgeroch Construction, Inc. as non -responsive as the contractor did not follow the bid format for entering unit prices leaving a discrepancy between the unit bid items and the tabulated amount leading to a much higher than intended total bid amount. Staff did receive a bid protest from R. Dependable Const Inc. of San Bernardino, CA. The protest letter indicated that the bid submittal time was 10:00 AM; however, Staff published the Notice Inviting Bid (NIB) in the San Gabriel Tribune with the 2:00 PM bid due time. Additionally, a notice was sent to all bidders through the City's Planet Bids portal notifying bidders that the bid submittal time changed from 10:00 AM to 2:00 PM. Bidder's were further informed that bids would be accepted until 2:00 PM on the day of bid submittal. Therefore, the protest was subsequently denied as without merit. The following is a summary of the bids received: No. Contractor Bid Status Bid Amount 1 CO Brothers LLC Non -Responsive $ 154,182.90 2 Corral Construction Development Inc. Lowest Responsive $ 403,039.00 3 ENL Building Services, Inc Responsive $ 415,200.00 4 R. Dependable Const: Inc. Responsive $ 432,000.00 5 Aguilar & Calderon Corp. Responsive $ 447,350.00 6 Bridge Roch Construction, Inc. Non -Responsive $ 484,841.00 7 Corner Keystone Construction Corp Responsive $ 537,504.51 8 Oppenheimer National Responsive $ 571,926.00 9 Lucas Builders, Inc. Responsive $ 594,700.00 10 MBC Enterprises Responsive $ 848,837.00 Upon the disqualification of the apparent low bidder, the lowest responsive and responsible bid was determined to be from Corral Construction Development. Staff has checked and verified references for Corral Construction Development, Inc. and recommends that the City Council award the construction contract for this project to them. Construction improvements will include the installation of new plumbing, upgrades to existing infrastructure to be ADA building code compliant, installation of new wash stations, stalls, infant changing stations, fixtures change out and interior wall and partitions remodel. If approved, Staff anticipates commencing construction activity in early January 2025 and estimate to be completed by April 2025. Page 2/3 ALTERNATIVES The City Council may choose: 1. Not to award the construction contract at this time. This action is not recommended since the bid was determined to be responsive and within budget. Also, the ARPA funds used for programming and construction would lapse if not awarded by December 31st 2. Provide Staff with alternative direction. CEQA REVIEW The subject Morgan Park Restroom Remodel Project is exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 (Section 15201, Existing Facilities), subsection (c) exemption, which includes the repair, maintenance, and/or minor alteration of existing facilities. The key consideration for a Class 1 exemption is whether the project involves negligible or no expansion of an existing use. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Contract Agreement with Corral Construction Development Inc. Page 3 / 3 CONTRACT SERVICE AGREEMENT FOR PROJECT NO. 24-001-55027 — Morgan Park Restroom Remodel THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this day of 2024 by and between the CITY OF BALDWIN PARK, a municipal corporation, (herein "City") and ("Contractor"). The parties hereto agree as follows: RECITAL A. The city requires the existing restroom at the Morgan park to be remodeled based on the recommended removal and installation of the new items as shown on the prepared construction plans and this specification. Contractor has represented to the City that Contractor is qualified to perform said services and has submitted a proposal to the City for the same. B. The City desires to have the Contractor perform said services on the terms and conditions set forth herein. NOW, THEREFORE, based on the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows: 1 . SERVICES OF CONTRACTOR 1.1 Scope of Services — In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the construction plans, Special and Technical Provisions, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. 1.2 Documents Included in Contract — This contract consists of the Notice Inviting Bids and Instructions to Bidders, Bid Documents, Proposal Schedule, Bid Bond (Bidder's Guarantee), Designation of Sub -contractors, Statement of Non -collusion by Contractor, Certification of Principal, Supplemental Information, Specifications, Plans, this Contract Services Agreement, Faithful Performance Bond, Labor and Materials Bond, Warranty Bond, Guarantee, Tax Identification Form, Workers' Compensation Certification, and any and all schedules and attachments to it which are incorporated as if fully set forth herein. In the event of an inconsistency, this Agreement shall govern. NE 1.3 Compliance with Law — All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees, and Assessments — Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. Contractor shall be responsible for all sub -contractors' compliance with this Section. 1.5 Familiarity with Work — By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work — The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties — Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all sub -contractors to comply with the provisions of this agreement. 1.8 Additional Services — City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of twenty-five percent (25%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less may be C-2 approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. 1.9 Special Requirements — Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "A through C" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "A through C" and any other provisions of this Agreement, the provisions of Exhibit "A through C" shall govern. 1.10 Prevailing Wages Laws — In accordance with Labor Code Section 1770 et seq., the director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the office of the City Clerk and is hereby incorporated in this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices. 2. COMPENSATION 2.1 Contract Sum — For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of ($ ) (herein "Contract Sum"), except as provided in Section 1.8. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. C-3 2.2 Progress Payments - Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 7.3 of this Agreement for retention of funds. 3. PERFORMANCE SCHEDULE 3.1 Time of Essence —Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance — Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "A", if any, and incorporated herein by this reference. When requested by the Contractor, the Contract Officer may approve extensions to the time period(s) specified in the Schedule of Performance in writing. 3.3 Force Majeure — The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term — Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. 4. COORDINATION OF WORK 4.1 Representative of Contractor — The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: C-4 It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer — The Contract Officer shall be such person as may be designated by the City Manager or City Engineer. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Assignment — The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. 4.4 Independent Contractor — Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its sub -contractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, sub -contractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its sub -contractors, agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor. 4.5 Identity of Persons Performing Work — Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all C-5 personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 Utility Relocation — City is responsible for removal, relocation, or protection of existing main or trunk line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 4.7 Trenches or Excavations — Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply. a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of this Agreement. c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused form any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties. 5. INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance — The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: C-6 Comprehensive General Liability $1,000,000 per occurrence combined single (X) Insurance (including premises and limit operations) Contractual Liability Insurance $1,000,000 limit () Products Liability Insurance Comprehensive Automobile Liability $1,000,000 per occurrence combined single (X) Insurance (includes owned, non- limit owned, and hired automobile hazard Professional Liability Insurance $1,000,000 limit 0 (providing for a one-year discovery period) Workers' Statutory $1,000,000 per occurrence (X) Compensation/Employers' LiabilitV Insurance In accordance with Public Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of "A" minus or better. This insurance shall not be canceled, limited in scope or coverage or non -renewed until after thirty (30) days prior written notice has been given to the City Engineer, City of Baldwin Park, 14403 East Pacific Avenue, Baldwin Park, California 91706. Any insurance maintained by the City of Baldwin Park shall apply in excess of and not combined with insurance provided by this policy. The City of Baldwin Park, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds. Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements, is indeed authorized to do so by the insurance company. If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance C-7 or secure said endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its sub -contractor's performance of the work covered under this agreement. Each contract between the Contractor and any sub -contractor shall require the sub- contractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1. 5.2 Indemnification — Contractor shall indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, sub- contractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the City, its officers, agents or employees, and in connection therewith: a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out C-8 of or in connection with Contractor's (or its agents', employees', sub -contractors', or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City. d) Contractor's duty to defend and indemnify as set out in this Section 5.2 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time. The Contractor's indemnification obligations pursuant to this Section 5.2 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all sub -contractors. 5.3 Labor and Materials, Performance and Warranty Bonds — Concurrently with execution of this Agreement, Contractor shall deliver to City a labor and materials bond, a performance bond and a warranty bond, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5.4 Sufficiency of Insurer or Surety — Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal C-9 Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager. 5.5 Substitution of Securities — Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder. 6. RECORDS AND REPORTS 6.1 Reports — Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records — Contractor shall keep, and require sub -contractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of Documents — All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, sub -contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. C-10 Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All sub -contractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 7. ENFORCEMENTOFAGREEMENT 7.1 California Law — This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes — In the event either party fails to perform its obligations hereunder, the non -defaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the non -defaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the non -defaulting party shall have the right, in addition to any other rights the non -defaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 7.2 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured. 7.3 Retention of Funds — Progress payments shall be made in accordance with the provisions of Section 2.2 of this agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City's failure to deduct or withhold shall not affect Contractor's obligations hereunder. C-11 7.4 Waiver — No delay or omission in the exercise of any right or remedy by a non - defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative — Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action — In addition to any other rights or remedies, either party may take legal action, law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages — Since actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in subsection 6-9 on page D-10 of the Standard Specifications and the Provisions of the Contract Specifications. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements described in the scope of services. The City may withhold from any moneys payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination for Default of Contractor — If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated. 7.9 Attorneys' Fees — If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's WE fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8. CITY OFFICERS AND EMPLOYEES, NONDISCRIMINATION 8.1 Non -liability of City Officers and Employees — No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest — The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination — Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. To the extent required by law, contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 9. MISCELLANEOUS PROVISIONS 9.1 Notice - Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the US Mail, prepaid, first-class mail, return receipt requested, addressed as follows: To City: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, California 91706 Attention: Sam Gutierrez To Contractor: 9.2 Interpretation — The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason C-13 of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration; Amendment— It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability — In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Hiring of Undocumented Workers Prohibited — Contractor shall not hire or employ any person to perform work within the City of Baldwin Park or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. 9.6 Unfair Business Practices Claims — In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or sub -contractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.) 9.7 Corporate Authority — The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. 9.8 Legal Responsibilities — The Contractor shall keep itself informed of City, State, and Federal laws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply C-14 with all such laws, ordinances and regulations. Neither the City, nor their officers, agents, or employees shall be liable at law or in equity as a result of the Contractor's failure to comply with this section. 9.9 Termination for Convenience —The City may terminate this Agreement without cause for convenience of the City upon giving contractor 30 days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation: 1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor. 2. Actual move -off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on -site construction office for supervising the mover -off. 3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments. 4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications, which were a part of the Agreement. 9.10 CARE Requirements — Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board ("CARB") including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments ("Regulation"). Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor's and its subcontractors' fleets including, without limitation, the Certificates of Reported Compliance ("CRCs"), fuel/ refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days' notice from the City. Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation. 9.11 SAM Registration and UEI Number Verification — The Contractor shall maintain an active registration with the System for Award Management (SAM.gov) throughout the term of this contract. The Contractor shall ensure that their registration remains current and that all required information is accurate and up-to-date. C-15 Upon execution of this contract and at any time upon request by the Contract Officer, the Contractor shall provide their Unique Entity Identifier (UEI) number assigned by SAM.gov. The Contractor agrees to provide the Contract Officer with confirmation of their active status and certification that they are not currently suspended or debarred from doing business with the federal government. This includes: • Access to the Contractor's SAM.gov profile or other relevant documentation verifying active registration and the absence of suspension or debarment. • Any additional information or documentation reasonably requested by the Contract Officer to verify compliance with federal requirements. Failure to maintain an active SAM.gov registration or to provide the UEI number as required may result in the suspension of contract payments, termination of the contract for default, or other remedies as deemed appropriate by the Contract Officer. If at any time during the contract period the Contractor is suspended or debarred, or if their SAM.gov registration is not active, the Contractor must immediately notify the Contract Officer. The Contracting Officer may then take appropriate action, including but not limited to, suspension of performance under the contract or termination of the contract. The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specification, addendums or other documents, which are or may become a part of this Agreement. City and Contractor agree that the provisions of this paragraph are a substantive part of the consideration for this Agreement. C-16 IN WITNESS WHEREOF, the parties have executed and entered into this A r meat "I Of the date first written alcove. CONTRACTOR - By: y. (Print Name) (Print Name) Signature: Signature: Title: Title: Address; 2 -(2- - Address: I rr c,?Ooqo CITY OF BALDWIN PARK, a municipal corporation By: Emmanuel J. Estrada, MAYOR ATTEST: APPROVED AS TO FORM: By: City Clerk City Attorney C-1 i ITEM NO. 7 FROM: SAID GABRIEL "" b DATE: �n JA+Ww SUBJECT Honorable Mayor and Members of the City Council Robert Lopez, Chief of Police October 2, 2024 Purchase of Additional Gym Equipment for the Police Gym Facility SUMMARY This item will approve the purchase of additional gym equipment with E.T.E. Fitness Equipment for the Baldwin Park Police Department gym facility as part of the Officer Wellness and Mental Health project. Previously, on May 15, 2024, the Baldwin Park Police Department entered into a service agreement to purchase and install gym equipment and a one-year maintenance and warranty with E.T.E. The gym upgrades are intended to promote the physical and mental well-being of police department staff. RECOMMENDATION It is recommended that the City Council 1. Approve the purchase of Fitness Equipment for $5,699.15 using the Police Grant Fund #271; and 2. Authorize the Director of Finance to appropriate funds from Fund #271 and make necessary budget adjustments/transfers within the same fund. FISCAL IMPACT There is no impact on the General Fund. The total contract amount is $5,699.15. Funds for this contract are available from the remaining $5,743.26 awarded to the Police Department through the state's Officer Wellness and Mental Health Grant Program and will be charged to account #271-30-310-58110-17220. BACKGROUND In 2022, the State of California established the Officer Wellness and Mental Health Grant Program to fund law enforcement agencies to improve their officers' physical, mental, and emotional health. The grant program, administered by the Board of State and Community Corrections (BSCC), awarded funding to agencies based on the number of full-time sworn personnel employed. According to the Officer Wellness and Mental Health Grant Program Funding Distribution Schedule, the Baldwin Park Police Department was awarded $40,720.79. The grant funds are intended to establish or expand officer wellness programs, peer support, and mental health services. Funding may be used for various purposes, including gym equipment and facility upgrades designed to improve officer wellness. The grant performance period runs from July 1, 2022, through December 1, 2025. On May 15, 2024, the City Council approved upgrading and enhancing the department's gym facility and awarded the contract to E.T.E. Fitness Equipment. After completing this project, $5,743.26 remained in the Officer Wellness and Mental Health Grant Program fund. This purchase will allow the Police Department to have additional equipment while maximizing the value of the awarded funds. Page 1 / 2 1. The City Council may choose not to authorize the purchase of the additional fitness equipment. 2. Provide staff with alternate direction. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. E.T.E Fitness Equipment Quote Page 2 / 2 Bill To Ship"to BALDIN PARK PD ROBERT LARIVEE 14403 PACIFIC AVE (909)247-6966 BALD IN PARK, CA, 91706 RLARIVEE BALDWINPARK,COM PO Number Terms . Ottstomet # Ship Via Project Item # Descf1ptlan, Quarit Y Rp1 E�eh ` : , ' x1 Amount 2 POLE VERICAL BUMPER PLATE 2 $135.00 v $270.00 ROLLER RACK WITH WHEELS 55LB BLACK - 8 $65.45 v $523 60 BUMPED 45LB BLACK 8 $53.55 v $428A0 BUMPERS 26LB BLACK 4 $29.75 v $119,00 BUMPERS 10LB BLACK 4 $11.90 v$47.60 BUMPERS MEN'S BAR 2 $219,00 $43800 HEX BAR 1 $143.00 $143.00 ELITE REVOLVING HEX 1 $259.00 $259.00 BAR BULLDOG SLED 1:00 $359.00 $359.00 PLASTIC SKIDS FOR BULLDOG 1.00 $32,00 $32.00 SLED SLED HARNESS 1.00 $49.00 v $49.00 20LB BALLISTIC 2.00 $95.00 v $190.00 WALL BALL 50LB SLAM BALL 2.00 $70.00 $140.00 SANDBAG (LIP TO 2.00 $79,00 m+ 158, 0 80LB) bill TO SfillpTb BALDVWIN PARK PD ROBERT LARIVEE 14403 PACIFICAVE(909)247-6966 BALDW4'IN PARK, CA, 91706 RLARIVEEBALDWVINPARK.COM Item # Desalotion Otuamlty Pd0Eaclhl,l," T xl Amount 3 X 3 FLAT 2.00 $239.00 v $478.00 BENCH HEAVY DUTY 1.00 $474.00 $474 00 SQUAT STANDS 3 IN 1 WOOD PLYO BOX 2.00 $124.00 v $248.00 20,24,30 LANDMfNE 2.00 $45.00 $Woo INSERT 5 BAR HEX 1.00 $299,00 W $299.00 HOLDER 245LB RUBBER 1.00 $269.00 v $269 00 GRIP PLATE SET EXERCISE MATS 2.00 $33.00 $66.00 41 INCH PACKAGE - ONE 100 $125 00 a $125 00 OF EACH T SHAPE LANDMINE 1.00 $35.00 v° $35.00 HANDLE Rill TO Ship To BALDWIN PARK PD ROBERT LARIVEE 14403 PACIFIC AVE (909)247-6966 BALDWIN PARK, CA, 91706 RLARIVEE@BALDWINPARK.COM Amount Paid $U0 Discount $0,00 Amount Duo $5,699.15 Stripping Cost $0.00 Sub Total $5,240.60 Sales Tax 4'.5% on $5,240y6 $458.55 ?ti,.AIN MOO Total $5,699. 5 ITEM NO. S TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer S'EL� :� Ron Garcia, Director of Community Development JA,Ww Michelle Bravo, Housing Programs Coordinator DATE: October 2, 2024 SUBJECT: Approval of Contract with A-1 Concrete & Construction Inc. for the McNeill Manor Senior Housing roof replacement and appropriate funds for the relocation of seven Public Housing tenants. SUMMARY The purpose of this staff report is for City Council to consider the approval of contract with A-1 Concrete & Construction Inc. for roof replacement and to appropriate funds to relocate seven Public Housing tenants. RECOMMENDATION It is recommended that the City Council: 1. Authorize Director of Community Development to Execute the Contract with A-1 Concrete & Construction Inc.; and 2. Authorize the Director of Finance to appropriate available funds in the order of Public Housing Fund #905, ARPA Fund #275, and Community Enhancement Fund #210 to pay as we go for part of tenant relocation assistance with an estimated cost of $94,000 for the relocation costs; and $165,000 (includes 10% contingency) to replace the McNeill Manor Senior Housing roof while the Housing Authority (HA) is processing an application for the HUDs Emergency/Disaster Grant and awaiting for insurance assessment; and to make necessary budget adjustments and create new account numbers. FISCAL IMPACT There is no Fiscal impact to the General Fund at this time. The roof replacement, and relocation of 7 public housing tenants is expected to cost $259,000. Staff is requesting to use available funds in the order of Public Housing Fund #905, ARPA Fund #275, and Community Enhancement Fund #210 to address the urgent need to replace the original roof and relocate the tenants to complete repairs within the affected units due to water damage while the Housing Authority (HA) is processing an application for the HUDs Emergency/Disaster Grant and awaiting for insurance assessment. BACKGROUND/DISCUSSION In July of 2024, staff was made aware of mold concerns in one of the Public Housing units due to prior water damage. Upon verification, staff conducted inspections of all 12 Public Housing units to identify any potential issues within the units. The inspection results identified 7 units where mold was present. One unit was remediated as quickly as possible, with reconstruction work nearly completed, enabling the tenant to return in short order. Mold remediation and replace the roof that is more than 30 years old to remedy the situation. The necessary actions will require the relocation of 7 Public Housing tenants due to the health and safety of the tenants. Staff is Page 1 / 2 actively in communication with HUD and their Relocation Specialist, to aid in relocating tenants utilizing Housing Choice Voucher's that will allow the tenants to seek an alternative unit for occupancy as well as provide relocation counseling. In addition, HUD requires that displaced tenants be assisted with relocation/displacement assistance to cover moving, storage and hotel costs including per diem as needed. Moreover, staff is working with HUDs Emergency/Disaster Grant office to apply within the next two weeks to receive emergency/disaster grant assistance. HUD has advised staff that upon approval of the application, funding would be made available within 30-45 days. From that point funds can be used to cover any remaining expenses related to the relocation and repairs. Mold remediation and repairs to the affected units would begin upon receipt of the emergency grant funds and City Council approval of the selected contractor. Staff contacted four contractors and only secured 1 bid to complete the roof replacement. See below. A-1 Concrete & Construction Inc. previously completed the emergency repair of McNeill Senior Center Soffit as well as repairs to the Senior Center patio. Staff has simultaneously submitted a claim to the City's property insurance carrier PRISM through our insurance administrator Alliant Insurance Services; an assessment is currently being conducted for determination of coverage. ALTERNATIVES The City Council may decide to direct staff to seek additional bids for roof replacement. LEGAL REVIEW None Required. ATTACHMENTS 1. None Page 2 / 2