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HomeMy WebLinkAbout11.06.24 Staff Report- revisedAgenda November 06, 2024, 11 '` Mayor Emmanuel J. Estrada Mayor Pro Tem Jean M. Ayala Councilmember Alejandra Avila Councilmember Daniel Damian Councilmember Daniel Damian Welcome to your City Council Meeting We welcome your interest and involvement in the City's legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city's website and in the Office of the City Clerk. Please note that, in the event of a technical issue causing a disruption in the call -in option or internet-based option, the meeting will continue unless otherwise required by law, such as when a Board Member is attending the meeting virtually pursuant to certain provisions of the Brown Act. Electronic devices are to be turned off while meetings are in session. The City of Baldwin Park provides two ways to watch a City Council meeting: In Person Online Most City Council meetings take Audio streaming will be available at place at City Hall, 14403 E. Pacific https://www.youtube.com/channellUCFLZO dDFRiy59rhiDZ93Fg/featured?view as=subscriber Ave., Baldwin Park, CA 91706 http✓/baldwinpark.granicus.com/yiewPublisher.php?view id=10 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) 960-4011. 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 Cleric. 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 commentsgbaidwin ap rkca.gov 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 ROLL CALL PUBLIC COMMUNICATIONS OPEN SESSION/STUDY SESSION RECESS CLOSED SESSION 1. Conference with Legal Counsel — Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): One (1) 2. Conference with Legal Counsel — Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956 A. Case: Matthew Rodriguez v. Baldwin Park et al United States District Court, Central Districts of California B. Case: DJCBP Corporation dba Tier One Consulting and David Ju C. Case: DJCBP Corporation dba Tier One v City of Baldwin Park et al Los Angeles County Superior Court D. Case: Antonia Macias v. City of Baldwin Park Los Angeles County Superior Court E. Case: April Camery v. City of Baldwin Park Los Angeles County Superior Court F. Case: Bacerra v. State of California et al. Los Angeles County Superior Court 3. Conference with Real Property Negotiators Pursuant to California Government Code, Section 54956.8 A. Property: Susan Rubio Zocalo Park Retail Space Agency negotiator: Enrique C. Zaldivar, CEO; Ron Garcia, Director of Community Development Negotiating parties: Jerry Briseno, La Cocinta Negotiating parties: Alfonso Romero, La Cosecha Mexican Bistro Under Negotiation: Price and Terms of Payment 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. Dated this 31st day of October 2023. 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&baldwinRarkca.gov. 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 November i; 2024, ti 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. The City of Baldwin Park provides two ways to watch a City Council meeting: In Person Online Most City Council meetings take Audio streaming will be available at place at City Hall, 14403 E. Pacific hops://www.youtube.com/channel/UCFLZO dDFRiy59rhiDZ13Fa/featured?view as=subscriber Ave., Baldwin Park, CA 91706 http✓/baldwinpark.granicus.com/yiewPublisher.phpMew 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 Office at (626) 960-4011. � 1 i The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. Speaker cards are available at the podium and by request with the City Cleric. 1WnJ131TK1K1T1111 _1 i1_ 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 commentsgbaidwin ap rkca.gov 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 ROLL CALL REPORT FROM CLOSED SESSION ANNOUNCEMENTS PROCLAMATIONS COMMENDATIONS & PRESENTATIONS Presentation — Certificate of Achievement presented to Baldwin Park Boxing Club Members: Bryan Arias, Chris Flores, Kimberly Olmos and Renal Tebo Coaches: Luis Rosales, Alan Velasco, Henry Ramos and Jeff Elhami Presentation — Plaque of Recognition to Mr. Armando and Mrs. Santos Funes for being crowned the 2024 Julia McNiell Senior Center King & Queen presented by Manuel Carrillo Jr., Director of Recreation & Community Services 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 October 16, 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 and Baldwin Park Charitable Relief Foundation Meeting held on October 16, 2024. 3. Award of Contract to Starside Security & Investigations for the Police Department's Jail Facility Staffing and Support Services. It is recommended that the City Council. 1. Approve the Professional Services Agreement with Starside Security and Investigative Services for jail facility staffing and support services for a three-year term from December 1, 2024, through November 30, 2027; and 2. Authorize the City Manager to make non -substantive changes as approved by the City Attorney and execute the agreement. 4. Approval of Purchase of DUI Patrol Vehicle Using California Cannabis Tax Fund Grant Program Funds. It is recommended that the City Council: 1. Approve the sole source purchase of a 2024 Dodge Durango from Carville Chrysler Dodge Jeep Ram for $45,500. 2. Authorize the use of remaining grant funds for taxes, registration fees, and any ancillary vehicle purchase expenses. 3. Authorize the Chief of Police to execute all necessary documents to complete the purchase and outfitting. 4. Authorize the Director of Finance to make necessary appropriation and budget adjustments. 5. Approve and Adopt Resolution No. 2024-047 Approving the Industrial Disability Retirement (IDR) for Jorge Huerta a Local Safety Member It is recommended that the City Council adopt and approve Resolution No. 2024-047 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, APPROVING THE INDUSTRIAL DISABILITY RETIREMENT (IDR) FOR JORGE HUERTA A LOCAL SAFETY MEMBER". 6. Approval and Adoption of Resolution No. 2024-046 and Consideration of Amendment to Memorandum of Understanding (MOU) with Goodwill Southern California to Continue the NextGen Youth Workforce Program. It is recommended that the City Council: 1. Approve Resolution No. 2024-046 and the proposed Amendment to Memorandum of Understanding (MOU)with the GSC to extend the term through December 31, 2026; and 2. Authorize the Mayor to execute the Amendment; and 3. Authorize the CEO to make technical adjustments as may be necessary to carry out the direction of City Council. 4. Authorize the Director of Finance to carry over any remaining balance from the previous approved appropriations in the amount of $1.27,000 in 2022 and $1.20,000 in 2024from the ARPA fund to fund the NextGen youth workforce program in 2025 and 2026. 7. Authorize the Filing of a Notice of Completion for City Project, CIP 23-004 High Efficiency Toilet and Shower Head Replacement Program It is recommended that the City Council: 1. Accept the professional services completed by EcoTech Services, Inc. of Azusa, CA, and authorize the recordation of a Notice of Completion for City Project No. CIP 23-004 High Efficiency Toilet & Shower Head Replacement Program. 8. Recommendation of Approval of Additional Funding from the Measure BP Stakeholders Oversight Committee (SOC) - Shop BP Local Digital Card Program for the 2024 Holiday Season. It is recommended that the City Council: 1. Approve the recommendation from the SOC to provide funding from Measure BP Revenue for the Shop BP Local Digital Card Program for the amount $130,000; and 2. Authorize the Chief Executive Officer to execute a Second Amendment to the Professional Services Agreement with Hinderliter, De Llamas and Associates, Inc. (HdL) subject to any non -substantive changes made by CEO and City Attorney; and 3. Authorize the Finance Director to appropriate $130,000 from the Measure BP Fund 9. Recommendation for Approval of Funding from the Measure BP Stakeholders Oversight Committee (SOC) — Portable Bingo System It is recommended that the City Council: 1. Approve the recommendation from the SOC for Council approval of Funding from Measure BP Revenue for a Portable Bingo System in the amount of $24,587; and 2. Authorize the Director of Recreation & Community Services to execute any necessary documents associated with the project; and 3. Authorize the Director of Finance to appropriate $24,587 from Measure BP Fund and make necessary adjustments to the budget. 4. Authorize the Chief Executive Officer to make technical corrections as necessary to carry out the intent of the City Council. 10. Authorization Professional Services Agreement for Design Services with David Volz Design Landscape Architects, Inc. for a Sports Complex Conceptual Plans and Approval of Funding from Measure BP for Design Services It is recommended that the City Council: 1. Authorize a Professional Services Agreement for design services with David Volz Design Landscape Architects, Inc. for a Sports Complex Conceptual Plans; and 2. Authorize the Mayor to execute Agreement; and 3. Approve Additional Funding from Measure BP Revenue for Conceptual Plans in the amount of $6,000; and 4. Authorize the Director of Finance to appropriate Measure BP Funds to cover the cost, create account number and make necessary adjustments to the budget. PUBLIC HEARING REPORTS OF OFFICERS 11. Introduction of Ordinance No.1511 of the City Council of the City of Baldwin Park, California, Amending the Municipal Code Regarding the Regulation of the Use of Wheeled Devices on Public and Private Property; Amendments, Chapter 130 of Title XIH, Adding Section 130.80 Titled "Wheeled Devices" It is recommended that the City Council waive further reading, read by title, and introduce the following: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING THE MUNICIPAL CODE REGARDING THE REGULATION OF THE USE OF WHEELED DEVICES ON PUBLIC AND PRIVATE PROPERTY; AMENDMENTS, CHAPTER 130 OF TITLE XIII, ADDING SECTION 130.80 TITLED "WHEELED DEVICES" CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION BALDWIN PARK CHARITABLE RELIEF FOUNDATION CONSENT CALENDAR Baldwin Park Charitable Relief Foundation Annual Financial Report for the Fiscal Year Ended June 30, 2024 It is recommended that the Board Directors receive and file BPCRF's Annual Financial Report for the fiscal year ending June 30, 2024. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION 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. Dated this 31s` day of October 2023. 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 scluinonesL&baldwinparkca.gov. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE 11) 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 EL�JAT4"J DATE: November 6, 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 $578,697.55 and the attached General Warrants Register was $1,780,607.77 for a total amount of $2,359,305.32. BACKGROUND The attached Claims and Demands report format meet the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released: 1. The last payroll of the City of Baldwin Park consists of check numbers 202645 to 202669 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 50364 to 50640 for the period September 29, 2024, through October 12, 2024 inclusive; these are presented and hereby ratified in the amount of $578,697.55. 2. General Warrants, with the electronic fund transfer (EFT) bank drafts in the amount of $730,780.15 and checks from 248370 to 248688 in the amount of $1,049,827.62 for the period of October 8, 2024 to October 28, 2024, inclusive; in the total amount of $1,780,607.77 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 Pagel/1 Check Register City of Baldwin Park, CA By (None) .S I1 Payment Dates 10/8/2024 - 10/28/2024 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 1078 10/18/2024 BALDWIN PARK POA POLICE SWORN DUES 100-00-000-21219-00000 $ .5,407.95 1078 10/18/2024 BALDWIN PARK POA POLICEENON-SWORNDUES 100-00-000-21219-00000 $ 1,371.01 248370 10/10/2024 AGRISERVE PEST CONTROL INC FRUIT SUPPRESSION TREATMENT-MORGAN PARK&ADD. AREAS 245-50-561-51101-00000 $ 1,242.00 248370 10/10/2024 AGRISERVE PEST CONTROL INC TURF WEED CONTROL AT HILDA SOLIS PARK 9/18/2024 240-50-560-51 let-00000 $ 100.00 248370 10/10/2024 AGRISERVE PEST CONTROL INC TURF WEED CONTROL AT MORGAN PARK 9/18/2024 240-50-560-51 let-00000 $ 100.00 248370 10/10/2024 AGRISERVE PEST CONTROL INC TURF WEED CONTROL AT SITYRE PARK 9/18/2024 240-50-560-51101-00000 $ 100.00 248371 10/10/2024 ALL STATE POLICE EQUIPMENT SUPPLIES FOR DET'S NEW ASSIGNMENT 100-30-340-53100-00000 $ 163.14 248371 10/10/2024 ALL STATE POLICE EQUIPMENT SUPPLIES FOR DET'S NEW ASSIGNMENT 100-30-340-53100-00000 $ 140.94 248372 10/10/2024 ANA KARINA RUEDA REIM-EXPENSES FOR HEALTH & WELLNESS FAIR 2024 100-10-150-53370-11123 $ 51.39 248373 10/10/2024 ANTHONY VAZQUEZ REIM-APPLICATION FEE W VALLEY COUNTY WATER 251-50-562-53100-00000 $ 65.00 248374 10/10/2024 APMFG FABRICATORS INC. REPAIRS -TRASH RECEPTACLES&REPOWER COAT-9/12/24 245-50-581-53371-15510 $ 2,855.00 248375 10/10/2024 BALDWIN PARK POLICE EXPLORER POST 654 REFUND-REGISTRATION&INSURANCE-BPPD EXPLORER POST 100-30-310-53200-14881 $ 1,290.00 248376 10/10/2024 BEST BEST & KRIEGER LLP JUL 2024-ADMINISTRATION/CITY COUNCIL 100-10-130-51102-11102 $ 2,585.00 248376 10/10/2024 BEST BEST & KRIEGER LLP JUL 2024-COMMUNITY DEVELOPMENT 100-40-130-51102-14200 $ 15,812.50 248376 10/10/2024 BEST BEST & KRIEGER LLP JUL 2024-POLICE DEPARTMENT 100-30-130-51102-13405 $ 3,943.76 248376 10/10/2024 BEST BEST & KRIEGER LLP JUL 2024-PUBLIC WORKS 100-50-130-51102-15080 $ 3,932.50 248376 10/10/2024 BEST BEST & KRIEGER LLP JUL 2024-PARKS AND RECREATION 100-60-130-51102-16175 $ 5,115.00 248376 10/10/2024 BEST BEST & KRIEGER LLP JUL 2024-CITY CLERK 100-10-130-51102-11102 $ 112.70 248376 10/10/2024 BEST BEST & KRIEGER LLP JUL 2024-GOV. CLAIMS&LITIGATION MGMT-CITY PORTION 100-10-130-51102-11102 $ 2,393.86 248376 10/10/2024 BEST BEST & KRIEGER LLP JUL 2024-GOV. CLAIMS&LITIGATION MGMT-CANNABIS 237-40-130-51102-14070 $ 4,441.25 248376 10/10/2024 BEST BEST & KRIEGER LLP JUL 2024-GOV. CLAIMS&LITIGATION MGMT-GEN LIABILITY 403-10-131-51102-00000 $ 2,470.65 248376 10/10/2024 BEST BEST & KRIEGER LLP JUL 2024-COUNCIL MEETINGS AND OFFICE HOURS 100-10-130-51102-11102 $ 14,244.40 248376 10/10/2024 BEST BEST & KRIEGER LLP JUL 2024-CODE COMPLIANCE MATTERS 100-40-130-51102-14200 $ 3,715.40 248376 10/10/2024 BEST BEST & KRIEGER LLP JUL 2024-PUBLIC RECORDS ACT/HANDELED BY ARC (PRA) 100-10-130-51102-11060 $ 10,004.80 248376 10/10/2024 BEST BEST & KRIEGER LLP JUL 2024-TELECOMMUNICATIONS MATTERS 100-10-130-51102-11102 $ 548.80 248376 10/10/2024 BEST BEST & KRIEGER LLP JUL 2024-BKK CLASS 1 LANDFILL 403-10-150-51102-11106 $ 2,270.80 248376 10/10/2024 BEST BEST & KRIEGER LLP JUL 2024-ZOCALO PARK DISPUTES 403-10-131-51102-00000 $ 583.10 248376 10/10/2024 BEST BEST & KRIEGER LLP JUL 2024-BARNES PARK PROJECT 403-10-131-51102-00000 $ 343.00 248376 10/10/2024 BEST BEST & KRIEGER LLP AUG 2024-HUMAN RESOURCES 100-10-130-51102-11103 $ 275.00 248376 10/10/2024 BEST BEST & KRIEGER LLP AUG 2024-GOV. CLAIMS&LITIGATION MGMT-GEN LIABILITY 403-10-131-51102-00000 $ 2,186.25 248376 10/10/2024 BEST BEST & KRIEGER LLP AUG 2024-GOV. CLAIMS&LITIGATION MGMT-CANNABIS 237-40-130-51102-14070 $ 591.25 248376 10/10/2024 BEST BEST & KRIEGER LLP AUG 2024-GOV. CLAIMS&LITIGATION MGMT-CITY PORTION 100-10-130-51102-11102 $ 3,520.00 248376 10/10/2024 BEST BEST & KRIEGER LLP AUG 2024-ZOCALO PARK DISPUTES 403-10-131-51102-00000 $ 1,097.60 248376 10/10/2024 BEST BEST & KRIEGER LLP AUG 2024-BARNES PARK PROJECT 403-10-131-51102-00000 $ 1,183.92 248376 10/10/2024 BEST BEST & KRIEGER LLP AUG 2024-PUBLIC WORKS 100-50-130-51102-15080 $ 385.00 248376 10/10/2024 BEST BEST & KRIEGER LLP AUG 2024-TELECOMMUNICATIONS MATTERS 100-10-130-51102-11102 $ 171.50 248376 10/10/2024 BEST BEST & KRIEGER LLP AUG 2024-POLICE DEPARTMENT 100-30-130-51102-13405 $ 3,025.00 248376 10/10/2024 BEST BEST & KRIEGER LLP AUG 2024-CODE COMPLIANCE MATTERS 100-40-130-51102-14200 $ 2,589.70 248376 10/10/2024 BEST BEST & KRIEGER LLP AUG 2024-PARKS AND RECREATION 100-60-130-51102-16175 $ 5,256.60 248376 10/10/2024 BEST BEST & KRIEGER LLP AUG 2024-COUNCIL MEETINGS AND OFFICE HOURS 100-10-130-51102-11102 $ 22,991.80 248376 10/10/2024 BEST BEST & KRIEGER LLP AUG 2024-ADMINISTRATION/CITY COUNCIL 100-10-130-51102-11102 $ 5,940.00 248376 10/10/2024 BEST BEST & KRIEGER LLP AUG 2024-COMMUNITY DEVELOPMENT 100-40-130-51102-14200 $ 12,327.40 248376 10/10/2024 BEST BEST & KRIEGER LLP AUG 2024-PUBLIC RECORDS ACT/HANDELED BY ARC (PRA) 100-10-130-51102-11060 $ 7,841.60 248379 10/10/2024 BIG STUDIO 2024 BP BOXING CLUB ANNUAL PROMOTIONAL TSIIIRT 501-60-000-22328-16130 $ 3,204.42 248380 10/10/2024 BLACK & WHITE EMERGENCY VEHICLES, LLC REPAIRS (INCLUDING PARTS) FOR POLICE VEHICLES 402-50-591-53371-00000 $ 150.00 248381 10/10/2024 HMO BANK N.A. 2025 DAY PLANNER 100-40-405-53100-00000 $ 59.54 248382 10/10/2024 HMO BANK N.A. ICLOUD STORAGE -RENEWS 10/14/2024 401-10-140-53330-00000 $ 0.99 248382 10/10/2024 HMO BANK N.A. WEBINAR 500-9/16-10/15/2024 401-10-140-53370-11602 $ 41.20 248382 10/10/2024 HMO BANK N.A. DUO ESSENTIAL MONTIILY-8/23-9/23/2024 401-10-140-53370-11602 $ 210.00 248382 10/10/2024 HMO BANK N.A. DUO ESSENTIAL MONTIILY-9/23-10/23/2024 401-10-140-53370-11602 $ 210.00 248382 10/10/2024 HMO BANK N.A. LINKSYS WIFI ROUTER 401-10-140-53390-00000 $ 82.64 248383 10/10/2024 HMO BANK N.A. REPLENISII TOLL ROAD ACCOUNT 100-30-310-51 let-00000 $ 45.00 248383 10/10/2024 HMO BANK N.A. REPLENISII TOLL ROAD ACCOUNT 100-30-310-51 101-00000 $ 45.00 Page 1 of 13 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 248383 10/10/2024 BMO BANK N.A. REPLENISH TOLL, ROAD ACCOUNT 100-30-310-51101-00000 $ 45.00 248383 10/10/2024 BMO BANK N.A. "DENIED" STAMPS FOR DEPT USE 100-30-310-53100-00000 $ 21.94 248383 10/10/2024 BMO BANK N.A. NAME TAGS FOR CITY PERSONNEL, 100-30-310-53100-00000 $ 11.01 248383 10/10/2024 BMO BANK N.A. HOTEL STAY-9/8-9/20/2024-TRAFFIC COLLISION RECONS. 100-30-310-53200-00000 $ 2,306.64 248383 10/10/2024 BMO BANK N.A. WELLNESS EQUIPMENT FOR DISPATCHERS 100-30-310-53390-00000 $ 319.69 248383 10/10/2024 BMO BANK N.A. WELLNESS EQUIPMENT FOR DISPATCHERS 100-30-310-53390-00000 $ 63.80 248383 10/10/2024 BMO BANK N.A. MISC CREDIT MEMO-5/5/23-6/4/2023 100-30-310-53370-00000 $ (0.01) 248384 10/10/2024 BMO BANK N.A. SUBSCRIPTION FOR SOCIAL MEDIA 100-30-310-53330-00000 $ 2.99 248384 10/10/2024 BMO BANK N.A. HOTEL STAY -TRAFFIC SEMINAR-10/23-10/26/2024 271-30-350-53350-17224 $ 668.61 248385 10/10/2024 BMO BANK N.A. GRADUATION SASHES FOR STUDENT REC. COMMISIONERS 100-10-100-53320-00000 $ 147.81 248385 10/10/2024 BMO BANK N.A. SGV NEWSPAPER ONLINE SUBSCRIPTION FOR CM AVILA 100-10-100-53330-11009 $ 18.00 248385 10/10/2024 BMO BANK N.A. SGV NEWSPAPER ONLINE SUBSCRIPTION FOR CEO 100-10-110-53330-00000 $ 18.00 248385 10/10/2024 BMO BANK N.A. PAYMENT TO AVOID DISCONNECTION 100-10-110-53403-00000 $ 41.51 248385 10/10/2024 BMO BANK N.A. 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HR CONSULTING/FIR ASSESSMENT-9/9/2024-10/7/2024 100-10-150-51100-00000 $ 19,800.00 248522 10/17/2024 IMSA CERTIFICATION CLASSES -WORK ZONE&TRAFFIC SIGNAL -RE 240-50-550-53350-15705 $ 930.00 248522 10/17/2024 IMSA CERTIFICATION CLASSES -WORK ZONE&TRAFFIC SIGNAL -RE 240-50-551-53350-15705 $ 170.00 248523 10/17/2024 INDUSTRIAL CLEANING SYSTEMS, INC REPAIRS TO PARK LANDSCAPE PRESSURE WASHER 251-50-571-53371-00000 $ 157.50 248523 10/17/2024 INDUSTRIAL CLEANING SYSTEMS, INC REPAIRS TO GRAFFITI PRESSURE WASHER 245-50-570-53371-14885 $ 281.82 248523 10/17/2024 INDUSTRIAL CLEANING SYSTEMS, INC PURCHASE OF SMALL EQUIPMENT-SURACE CLEANER 254-50-560-53390-00000 $ 1,534.40 248524 10/17/2024 INTERMEX INC BUS RESERVATION FOR GRIFFITH OBSERVATORY 11/21/24 275-60-726-51101-16074 $ 1,500.00 248525 10/17/2024 INTERSTATE BATTERIES BATTERIES FOR CITY VEHICLES AND OTHER BATTERY 402-50-590-53100-00000 $ 448.68 248526 10/17/2024 J.P. ENGINES INC. REPAIRS TO UNIT 5065-9/23/2024 402-50-590-53371-00000 $ 1,988.80 248526 10/17/2024 J.P. ENGINES INC. REPAIRS TO CNG- 1 -9/25/2024 402-50-590-53371-00000 $ 1,220.16 248527 10/17/2024 JANE SHEK ARPA REIM-REGIST-SUMMER CAMP-8/5-8/14/2024 275-60-734-53370-16077 $ 152.00 248528 10/17/2024 JOCELYN BADILLO DRESSES FOR SENIOR CENTER PROM 501-60-000-22327-00000 $ 433.17 248529 10/17/2024 JOHN RIOS RENTAL DEPOSIT REFUND- I 0/6/2024-WALNUT CREEK 501-60-000-22333-00000 $ 150.00 248530 10/17/2024 JOSE SANTOS ARPA REIM-REGIST-SUMMER CAMP-8/5-8/14/2024 275-60-734-53370-16077 $ 152.00 248531 10/17/2024 KAREN ALVAREZ ARPA REIM-REGIST-SUMMER CAMP-8/15-8/16/2024 275-60-734-53370-16077 $ 26.00 248531 10/17/2024 KAREN ALVAREZ ARPA REIM-REGIST-SUMMER CAMP-8/26-9/6/2024 275-60-734-53370-16077 $ 117.00 248532 10/17/2024 LEE'S BATTERY AND AUTO PARTS BATTERIES FOR TRAFFIC SIGNAL LIGHTS 245-50-550-53100-15622 $ 163.17 248532 10/17/2024 LEE'S BATTERY AND AUTO PARTS BATTERIES FOR TRAFFIC SIGNAL LIGHTS 245-50-550-53100-15622 $ 305.88 248533 10/17/2024 LILIANA RUBIO PER DIEM-TOC SOCIAL MEDIA CONFER.-10/21-10/24/2024 100-30-310-53200-00000 $ 241.50 248534 10/17/2024 LOURDES MIRANDA REIM-SENIOR TRIP-ST PATRICKS DAYS-3/20/2024 275-60-726-53370-16074 $ 8.00 248535 10/17/2024 LUCID MORENO ARPA REIM-REGIST-BASIC-8/15-9/6/2024 275-60-734-53370-16077 $ 208.00 248536 10/17/2024 MARIA ESTER ALBINO ARPA REIM-REGIST-BASIC-8/15-9/6/2024 275-60-734-53370-16077 $ 422.00 248537 10/17/2024 MARIPOSA LANDSCAPES INC. SEP 2024-LANDSCAPE MAINTENANCE CONTRACT 251-50-560-51100-00000 $ 8,749.99 248538 10/17/2024 MAYRA A. RAMIREZ RENTAL DEPOSIT REFUND-10/5/2024-SENIOR CENTER 501-60-000-22333-00000 $ 300.00 248539 10/17/2024 MIDWEST MOTOR SUPPLY MISCELLANEOUS SUPPLIES FOR FLEET SERVICES 402-50-590-53100-00000 $ 271.50 248540 10/17/2024 MIKE SALAS REGISTRATION FEE -BOXING CHAMPIONS TOURNAMENT -IS 100-60-610-53350-16130 $ 40.00 248541 10/17/2024 MILLER'S & ISHAMS FIRE EXTINGUISHERS FIRE EXTINGUISHER SRVC-FAM. SRVC CENTER-8/13/2024 100-60-620-53371-00000 $ 25.08 248541 10/17/2024 MILLER'S & ISHAMS FIRE EXTINGUISHERS FIRE EXTINGUISHER SRVC-FAM. SRVC CENTER-8/13/2024 252-60-620-53371-00000 $ 25.07 248541 10/17/2024 MILLER'S & ISHAMS FIRE EXTINGUISHERS FIRE EXTINGUISHER SRVC-COMMUNITY CENTER-8/13/2024 100-60-620-53371-00000 $ 309.37 248541 10/17/2024 MILLER'S & ISHAMS FIRE EXTINGUISHERS FIRE EXTINGUISHER SRVC-COMMUNITY CENTER-8/13/2024 252-60-620-53371-00000 $ 309.38 248541 10/17/2024 MILLER'S & ISHAMS FIRE EXTINGUISHERS FIRE EXTINGUISHER SRVC-ARC-8/24/2024 100-60-620-53371-00000 $ 130.65 248541 10/17/2024 MILLER'S & ISHAMS FIRE EXTINGUISHERS FIRE EXTINGUISHER SRVC-ARC-8/24/2024 252-60-620-53371-00000 $ 130.65 248541 10/17/2024 MILLER'S & ISHAMS FIRE EXTINGUISHERS FIRE EXTINGUISHER SRVC-CITY HALL-8/24/2024 100-60-620-53371-00000 $ 393.07 248541 10/17/2024 MILLER'S & ISHAMS FIRE EXTINGUISHERS FIRE EXTINGUISI I ER SRVC-CITY HALL-8/24/2024 252-60-620-53371-00000 $ 393.07 248541 10/17/2024 MILLER'S & ISHAMS FIRE EXTINGUISHERS FIRE EXTINGUISHER SRVC-METROLINK PARKING-8/25/2024 245-60-620-53371-00000 $ 397.44 248541 10/17/2024 MILLER'S & ISHAMS FIRE EXTINGUISHERS FIRE EXTINGUISHERS FOR POLICE POLICE VEHICLES 402-50-591-51101-00000 $ 453.39 248542 10/17/2024 NICHOLS LUMBER & HARDWARE SUPPLIES FOR TIIE COMMUNITY CENTER 100-60-610-53100-00000 $ 13.21 248543 10/17/2024 PACIFIC ATHLETIC WEAR INC YOUTH BASKETBALL UNIFORMS 501-60-000-22326-00000 $ 2,367.64 248544 10/17/2024 RAQUEL BANUELOS ARPA BASIC REIM-SUMMER CAMP-8/5-8/14/24 275-60-734-53370-16077 $ 152.00 248545 10/17/2024 RAQUEL M. CERVANTES CASE# RID 1202591- NOE CERVANTES 100-00-000-21225-00000 $ 115.39 248546 10/17/2024 RCA INVESTMENTS INC REPAIR TO POLICE BMW MOTORCYCLE 8/14/2024 402-50-591-53371-00000 $ 1,350.79 248546 10/17/2024 RCA INVESTMENTS INC REPAIR TO POLICE BMW MOTORCYCLES/19/2024 402-50-591-53371-00000 $ 1,102.43 248546 10/17/2024 RCA INVESTMENTS INC REPAIR TO POLICE BMW MOTORCYCLE 9/27/2024 402-50-591-53371-00000 $ 268.35 248547 10/17/2024 RENE RUELAS REND 4 REGISTRATION OF BASIC SUMMER WEEK # 1 100-60-000-42602-00000 $ 90.00 248548 10/17/2024 RICHARD SOONG FOR NEW BUSINESS CARDS 100-40-460-53100-00000 $ 117.00 248549 10/17/2024 RKA CONSULTING GROUP AS -NEEDED BUILDING PLAN CHECK 7/1-7/31/2024 100-40-450-51100-00000 $ 5,231.25 248549 10/17/2024 RKA CONSULTING GROUP AS -NEEDED BUILDING PLAN CHECK 8/1-8/31/2024 100-40-450-51100-00000 $ 10,832.50 248550 10/17/2024 ROGELITO SUBIDA ARPA BASIC REIM-SUMMER CAPM 8/5-8/9/24 275-60-734-53370-16077 $ 95.00 248551 10/17/2024 RUTH ABIGAIL GAMERO DE ALARCON ARPA BASIC REIM-FOSTER ELEM. 8/15-9/6/24 275-60-734-53370-16077 $ 208.00 Page 7 of 13 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 248552 10/17/2024 SAN GABRIEL, VALLEY WATER COMPANY WATER -MULTI -CITY BUILDING 8/30-10/2/24 100-60-620-53402-00000 $ 855.36 248552 10/17/2024 SAN GABRIEL VALLEY WATER COMPANY WATER- I 17217-CITY PARKS 8/29-10/l/24 252-60-620-53402-00000 $ 1,678.91 248552 10/17/2024 SAN GABRIEL VALLEY WATER COMPANY WATER-180454-CITY PARKS 8/30-10/2/24 252-60-620-53402-00000 $ 2,058.82 248552 10/17/2024 SAN GABRIEL VALLEY WATER COMPANY WATER -MULTI -SPRINKLERS 8/30-10/2/24 251-50-560-53402-00000 $ 3,137.00 248553 10/17/2024 SANDRA LEYVA MATERIALS & SUPPLIES FOR HALLOWEEN HOUSE EVENT 501-60-000-22328-00000 $ 72.06 248554 10/17/2024 SCHINDLER ELEVATOR CORPORATION MAINTENANCE OF ELEVATORS 8/l/2024-7/31/2025 100-60-620-53371-00000 $ 7,351.05 248555 10/17/2024 SERVICE FIRST CONTRACTORS SUPPLIES FOR AQUATIC CENTER POOL 252-60-620-53100-00000 $ 581.13 248556 10/17/2024 SHAOJUN YANG ARPA BASIC REIM-SUMMER CAMP-8/5-8/14/24 275-60-734-53370-16077 $ 578.00 248557 10/17/2024 SMART & FINAL MATERIALS & SUPPLIES FOR ARC 100-60-680-53100-00000 $ 89.13 248557 10/17/2024 SMART & FINAL MATERIALS & SUPPLIES FOR COMMUNITY CENTER 100-60-610-53100-00000 $ 35.94 248557 10/17/2024 SMART & FINAL MATERIALS & SUPPLIES FOR SENIOR CENTER 100-60-630-53100-00000 $ 80.71 248557 10/17/2024 SMART & FINAL MATERIALS & SUPPLIES FOR HALLOWEEEN HOUSE EVENT 501-60-000-22328-00000 $ 343.66 248557 10/17/2024 SMART & FINAL MATERIALS & SUPPLIES FOR ARC 100-60-680-53100-00000 $ 225.14 248557 10/17/2024 SMART & FINAL MATERIALS & SUPPLIES FOR TEEN CENTER 100-60-660-53100-00000 $ 65.70 248557 10/17/2024 SMART & FINAL MATERIALS & SUPPLIES FOR SENIOR CENTER 100-60-630-53100-00000 $ 30.08 248557 10/17/2024 SMART & FINAL MATERIALS & SUPPLIES FOR COMMUNITY CENTER 100-60-610-53100-00000 $ 5.98 248557 10/17/2024 SMART & FINAL MATERIALS & SUPPLIES FOR COMMUNITY CENTER 100-60-610-53100-00000 $ 43.99 248557 10/17/2024 SMART & FINAL MATERIALS & SUPPLIES FOR SENIOR CENTER 100-60-630-53100-00000 $ 191.36 248557 10/17/2024 SMART & FINAL MATERIALS & SUPPLIES FOR SENIOR CENTER 100-60-630-53100-00000 $ 14.99 248557 10/17/2024 SMART & FINAL MATERIALS & SUPPLIES FOR SENIOR CENTER 100-60-630-53100-00000 $ 71.62 248557 10/17/2024 SMART & FINAL MATERIALS & SUPPLIES FOR CITY COUNCIL 100-25-299-53100-11405 $ 158.76 248558 10/17/2024 SOUTHERN CALIFORNIA EDISON ELEC-ST LIGHT-14352 1/2 OHIO 9/9-10/7/24 251-50-530-53401-00000 $ 76.15 248558 10/17/2024 SOUTHERN CALIFORNIA EDISON ELEC-ST LIGHT-13911 1/2 LOS ANGELES 9/10-10/8/24 251-50-530-53401-00000 $ 74.83 248558 10/17/2024 SOUTHERN CALIFORNIA EDISON ELEC-TRAF SIGNALS-14104 LOS ANGELES 9/10-10/8/24 251-50-530-53401-00000 $ 91.00 248558 10/17/2024 SOUTHERN CALIFORNIA EDISON ELEC-TRAF SIGNALS-14204 LOS ANGELES 9/9-10/7/24 251-50-530-53401-00000 $ 97.90 248558 10/17/2024 SOUTHERN CALIFORNIA EDISON ELEC-ST LIGHT-14006 1/2 LOS ANGELES 9/10-10/8/24 251-50-530-53401-00000 $ 78.58 248559 10/17/2024 SUSAN SAXE-CLIFFORD,PH.D PSYCH EVALUATION FOR DISPATCHER 100-10-150-51101-11122 $ 450.00 248560 10/17/2024 TAIT & Associates Inc ARCHITECHTURAL & ENGINEERING SERVICES 10/13/2024 275-50-765-58100-55016 $ 56,766.75 248561 10/17/2024 TCS DESIGN HOUSE LIVE BUTTERFLY EXHIBIT YOUTH SPORT PROG 10/19/24 501-60-000-22326-00000 $ 800.00 248562 10/17/2024 TERESA SALAHUDDIN RENTAL DEPOSIT -SENOR CENTER CELEBRATION 10/5/2024 100-60-000-45601-00000 $ 500.00 248563 10/17/2024 THOMAS IP PER DIEM MOTORCYCLE CRASH INVESTIGATION 10/23-26 271-30-350-53200-17224 $ 241.50 248564 10/17/2024 T-MOBILE PHONE-37340-GPS TRACKING 8/21-9/20/24 402-50-590-51101-00000 $ 1,174.95 248565 10/17/2024 TPX COMMUNICATIONS CO LOCAL, LONG DISTANCE TELEPHONE & DATA 10/9-11/8/24 401-10-141-53403-11506 $ 7,295.07 248566 10/17/2024 TRI-SIGNAL INC. HALON & FIRE ALARM SERVICE 9/30/2024-3/29/2025 100-60-620-53371-00000 $ 1,410.00 248566 10/17/2024 TRI-SIGNAL INC. FIRE ALARM MONTIORING SERVICE 10/I/2024-9/30/2025 252-60-620-53371-00000 $ 660.00 248567 10/17/2024 VERIZON WIRELESS PHONE-870914792-00001-PUBLIC WORKS 8/22-9/21/24 240-50-550-53403-15705 $ 1,000.00 248567 10/17/2024 VERIZON WIRELESS PHONE-870914792-00001-PUBLIC WORKS 8/22-9/21/24 240-50-551-53403-15705 $ 89.53 248567 10/17/2024 VERIZON WIRELESS PHONE-870914792-00001-PUBLIC WORKS 8/22-9/21/24 402-50-590-53403-00000 $ 607.62 248568 10/17/2024 VIRGINIA OLVERA MUSICAL PERFORMANCE DAY OF THE DEAD 10/10/2024 100-60-680-51101-00000 $ 375.00 248569 10/17/2024 WALTERS WHOLESALE ELECTRIC CO. MATERIALS & SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 $ 293.86 248569 10/17/2024 WALTERS WHOLESALE ELECTRIC CO. MATERIALS & SUPPLIES BUILDING MAINTENANCE 252-60-620-53100-00000 $ 293.85 248569 10/17/2024 WALTERS WHOLESALE ELECTRIC CO. MATERIALS & SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 $ 47.77 248569 10/17/2024 WALTERS WHOLESALE ELECTRIC CO. MATERIALS & SUPPLIES BUILDING MAINTENANCE 252-60-620-53100-00000 $ 47.77 248569 10/17/2024 WALTERS WHOLESALE ELECTRIC CO. MATERIALS & SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 $ 47.77 248569 10/17/2024 WALTERS WHOLESALE ELECTRIC CO. MATERIALS & SUPPLIES BUILDING MAINTENANCE 252-60-620-53100-00000 $ 47.77 248570 10/17/2024 YANIICA HUANG ARPA BASIC REIM-SUMMER CAMP-8/5-8/14/24 275-60-734-53370-16077 $ 190.00 248571 10/17/2024 YOANNA YAJAIRA VILLELA ARPA BASIC REIM-FOSTER ELEM. 8/19-9/6/24 275-60-734-53370-16077 $ 182.00 248572 10/17/2024 ZACHARY GOBLE PER DIEM FOR BEN CLARK TRAINING CENTER 2/28/2024 100-30-340-53200-13040 $ 11.00 248573 10/24/2024 ADRIANNA LOPEZ ARPA REIM-REGIST-BASIC-8/15-9/6/2024 275-60-734-53370-16077 $ 208.00 248574 10/24/2024 ALFREDO AVALOS ARPA REIM-REGIST-ROADRUNNER YOUTII FOOTBALL 275-60-734-53370-16070 $ 400.00 248574 10/24/2024 ALFREDO AVALOS ARPA REIM-REGIST-ROADRUNNER YOUTII FOOTBALL 275-60-734-53370-16070 $ 400.00 248575 10/24/2024 ALL CITY MANAGEMENT SERVICES, INC CROSSING GUARD SERVICES-9/15-9/28/2024 275-30-725-51100-13200 $ 14,926.88 248576 10/24/2024 ALMA RAMOS ARPA REIM-REGIST-TUFF KIDZ-7/2-7/30/2024 275-60-734-53370-16070 $ 17.50 248576 10/24/2024 ALMA RAMOS ARPA REIM-REGIST-TUFF KIDZ-8/1-8/29/2024 275-60-734-53370-16070 $ 17.50 248576 10/24/2024 ALMA RAMOS ARPA REIM-REGIST-TUFF KIDZ-9/3-9/26/2024 275-60-734-53370-16070 $ 35.00 248577 10/24/2024 ANABEL SIMPEH ARPA REIM-REGIST-BASIC-8/15-9/6/2024 275-60-734-53370-16077 S 208.00 248577 10/24/2024 ANABEL SIMPEH ARPA REIM-REGIST-BASIC-9/9-10/4/2024 275-60-734-53370-16077 S 260.00 248578 10/24/2024 ANDREA CANAL ARPA REIM-REGIST-BASIC-8/15-9/6/2024 275-60-734-53370-16077 S 203.00 248578 10/24/2024 ANDREA CANAL ARPA REIM-REGIST-BASIC-9/9-10/4/2024 275-60-734-53370-16077 S 260.00 248579 10/24/2024 BRITTANY YOSEFF ARPA REIM-REGIST-BASIC-8/15-9/6/2024 275-60-734-53370-16077 S 208.00 Page 8 of 13 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 248579 10/24/2024 BRITTANY YOSEFF ARPA REIM-REGIST-BASIC-9/9-10/4/2024 275-60-734-53370-16077 $ 260.00 248580 10/24/2024 CYNTHIA LOPEZ ARPA REIM-REGIST-BASIC-9/9-10/4/2024 275-60-734-53370-16077 $ 260.00 248581 10/24/2024 DESERIE C. 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RAMIREZ ENG-SPA INTERPRETER AND TRANSLATOR-OCT 2024 100-10-110-51101-00000 $ 4,400.00 248651 10/24/2024 JULIO CESAR CASTRO RENTAL DEPOSIT REFUND- 10/1 2/2024-WALNUT CREEK 501-60-000-22333-00000 $ 150.00 248652 10/24/2024 LANDSCAPE WAREHOUSE III SUPPLIES FOR STREET LANDSCAPE 245-50-560-53100-00000 $ 141.41 248653 10/24/2024 LEWIS ENGRAVING INC DESK NAMEPLATE FOR PD PERSONEL 100-30-310-53100-00000 $ 14.33 248654 10/24/2024 LUISA FABIOLA RENTAL DEPOSIT REFUND-10/19/2024-SENIOR CENTER 501-60-000-22333-00000 $ 300.00 248655 10/24/2024 LUPIE MESA C&D DEPOSIT REFUND-14048 ROCKENBACH -BLDG 10232809 246-00-000-22540-00000 $ 875.00 248656 10/24/2024 MANUEL CARRILLO, JR ROUND BLACK LINEN FOR SENIOR CENTER 100-60-630-53100-00000 $ 757.83 248657 10/24/2024 MARIA GUZMAN RENTAL DEPOSIT REFUND- 10/1 2/2024-SENIOR CENTER 501-60-000-22333-00000 $ 300.00 Page 10 of 13 Payment Number Payment Date Vendor Name 248658 10/24/2024 MICHAEL SALAZAR 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 10/24/2024 MIGUEL GARCIA MORCA JUDO CLUB NICHOLS CONSULTING ENGINEERS, CHTD NICHOLS LUMBER & HARDWARE NICHOLS LUMBER & HARDWARE NICHOLS LUMBER & HARDWARE NICHOLS LUMBER & HARDWARE NICHOLS LUMBER & HARDWARE NICHOLS LUMBER & HARDWARE NICHOLS LUMBER & HARDWARE OCEAN BLUE ENVIRONMENTAL SERVICES, INC ODP BUSINESS SOLUTIONS, LLC ODP BUSINESS SOLUTIONS, LLC ODP BUSINESS SOLUTIONS, LLC OTILIO VALLEJO PEDROZA CONCRETE SYSTEMS, INC PRIME POWER EQUIPMENT INC PRIME POWER EQUIPMENT INC PRIME POWER EQUIPMENT INC PRIME POWER EQUIPMENT INC PRIME POWER EQUIPMENT INC PRIME POWER EQUIPMENT INC PRIME POWER EQUIPMENT INC PRIME POWER EQUIPMENT INC PRIME POWER EQUIPMENT INC PRIME POWER EQUIPMENT INC PRIME POWER EQUIPMENT INC REYNOLDS MOTOR CORP. RICHARD SOONG RIO HONDO COMM. COLLEGE ROADLINE PRODUCTS INC. ROSANNA MEJIA SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT SAN GABRIEL VALLEY WATER COMPANY SAN GABRIEL VALLEY WATER COMPANY SAN GABRIEL VALLEY WATER COMPANY SHOETERIA INC SIG LING CHAN SO CAL SANITATION SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SUNBELT RENTALS SUSAN SAXE-CLIFFORD,PILD THE LINCOLN NATIONAL LIFE INSURANCE COMPANY THE LINCOLN NATIONAL LIFE INSURANCE COMPANY THE LINCOLN NATIONAL LIFE INSURANCE COMPANY THE LINCOLN NATIONAL LIFE INSURANCE COMPANY THE LINCOLN NATIONAL LIFE INSURANCE COMPANY THE LINCOLN NATIONAL LIFE INSURANCE COMPANY TRANSOURCE SERVICES CORP. U.S. POSTAL SERVICE V & V MANUFACTURING WASTE MANAGEMENT COLLECTION AND RECYCLING, INC WASTE MANAGEMENT COLLECTION AND RECYCLING, INC WAXIE SANITARY SUPPLY WAXIE SANITARY SUPPLY WEBCO LB LLC Description (Item) Account Number Amount UNIFORM ALLOWANCE PER MOU-COM ENHANCEMENT OFFICER 100-40-460-50119-00000 $ 300.00 C&D DEPOSIT REFUND-4124 STEWART AVE-BLDG-0624-3860 246-00-000-22540-00000 $ 300.00 JUDO INSTRUCTOR-9/11-10/19/2024 501-60-000-22328-00000 $ 1,812.85 SERVICES-CITY'S PAVEMENT MANAGEMENT SYSTEM AUG.24 245-50-520-58100-55028 $ 1,380.00 SUPPLIES FOR COMMUNITY CENTER GAMES ROOM 100-60-610-53100-00000 $ 50.96 MATERIALS & SUPPLIES --PARK LANDSCAPE, 245-50-560-53100-00000 $ 236.06 MATERIALS & SUPPLIES --TREE MAINTENANCE 240-50-561-53100-00000 $ 57.69 MATERIALS & SUPPLIES --TREE MAINTENANCE 240-50-561-53100-00000 $ 399.18 MATERIALS & SUPPLIES --GRAFFITI ABATEMENT PROGRAM 245-50-570-53100-14885 $ 90.06 MATERIALS & SUPPLIES -STREET MAINTENANCE DIVISION 240-50-551-53100-15705 $ 33.04 MATERIALS & SUPPLIES -FOR STREET SWEEPER 246-50-552-53100-15005 $ 24.54 PRESSURE WASHED GREASE SPILL OF WASTE WATER 403-10-160-54100-00000 $ 8,543.99 ADMIN-SUPPLIES FOR CITY CLERK OFFICE 100-10-120-53100-00000 $ 18.93 ADMIN-SUPPLIES FOR CITY CLERK OFFICE 100-10-120-53100-00000 $ 14.53 ADMIN-SUPPLIES FOR CITY CLERK OFFICE 100-10-120-53100-00000 $ 23.06 REFUND C&D 4221 BALDWIN PARK BLVD.-BLDG 0423.1853 246-00-000-22540-00000 $ 534.00 SIDEWALK AND CURB & GUTTER REPAIRS 9/19/2024 254-50-551-53371-15705 $ 13,000.00 MATERIALS & SUPPLIES FOR STREET LANDSCAPE CREW 245-50-560-53100-15536 $ 47.04 MATERIALS AND SUPPLIES -TRANSIT SHELTERS 244-50-581-53100-15510 $ 26.26 MATERIALS & SUPPLIES FOR STREET LANDSCAPE CREW 245-50-560-53100-15536 $ 100.70 REPAIRS & MAINTENANCE OF STREET LANDSCAPE 10/2/24 245-50-560-53371-15536 $ 33.91 MAINTENANCE & REPAIR TO HONDA GENERATOR 10/7/2024 402-50-590-53371-00000 $ 344.82 MATERIALS AND SUPPLIES -TRANSIT SHELTERS 244-50-581-53100-15510 $ 19.70 MATERIALS & SUPPLIES FOR STREET LANDSCAPE CREW 245-50-560-53100-15536 $ 95.24 SMALL EQUIPMENT -ECHO BACKPACK BLOWER 254-50-560-53390-00000 $ 328.49 REPAIRS & MAINTENANCE OF STREET LANDSCAPE 10/8/24 245-50-560-53371-15536 $ 33.91 REPAIRS & MAINTENANCE OF STREET LANDSCAPE 10/8/24 245-50-560-53371-15536 $ 33.91 MATERIALS & SUPPLIES FOR STREET LANDSCAPE CREW 245-50-560-53100-15536 $ 24.07 MATERIALS & SUPPLIES FOR UNIT #5031 402-50-590-53100-00000 $ 351.33 FOR BUSINESS CARDS 100-40-440-53320-00000 $ 62.50 DRIVER TRAINING FOR OFFICERS 10/7/2024 100-30-310-53200-00000 $ 50.00 SMALL EQUIPMENT -SURFACE CLEANER 254-50-551-53390-15705 $ 1,642.50 CONTRACT SERVICES HAWAIIAN DANCE 9/9-10/14/2024 501-60-000-22328-00000 $ 464.10 DRIVRE EVOC TRAINING 10/2/2024 100-30-310-53200-00000 $ 251.00 WATER-166983-CITY PARKS 8/30-10/2/24 252-60-620-53402-00000 $ 1,381.48 WATER-180455-CITY PARKS 8/30-10/2/24 252-60-620-53402-00000 $ 263.25 WATER-121578-5. 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DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 $ 18.81 DFT0009974 10/17/2024 MASSMUTUAL. DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 $ 51.54 DFT0009975 10/17/2024 MASSMUTUAL. EMPOWER CITY PAID 100-00-000-21257-00000 $ 3,125.00 DFT0009976 10/17/2024 MASSMUTUAL. MASS MUTUAL CITY PAID 100-00-000-21257-00000 $ 2,550.00 DFT0009977 10/17/2024 MASSMUTUAL. EMPOWER CITY PAID 100-00-000-21257-00000 $ 1,022.48 DFT0009988 10/17/2024 INTERNAL REVENUE SERVICE FEDERAL INCOME TAX PAYMENT 100-00-000-21203-00000 $ 75,832.82 DFT0009989 10/17/2024 INTERNAL. REVENUE SERVICE SOCIAL SECURITY PAYMENT 100-00-000-21200-00000 $ 8,207.12 DFT0009990 10/17/2024 INTERNAL REVENUE SERVICE MEDICARE PAYMENT 100-00-000-21201-00000 $ 23,117.99 DFT0009991 10/17/2024 STATE OF CALIFORNIA EMPLOYMENT STATE INCOME TAX PAYMENT 100-00-000-21202-00000 $ 31,858.92 DFT0009994 10/15/2024 BMO BANK N.A. CREDIT CARD REWARD CASH BACK 100-00-000-46900-00000 $ (5,000.00) DFT0009994 10/15/2024 BMO BANK N.A. 2024 TAX WEBINAR 100-20-210-53200-00000 $ 520.00 DFT0009994 10/15/2024 BMO BANK N.A. HOTEL, STAY -BASKETBALL FRIENDSHIP TOURNAMENT 100-25-299-53370-00000 $ 4,900.00 DFT0009994 10/15/2024 BMO BANK N.A. COMPUTER 240-50-500-53390-15548 $ 3,782.68 DFT0009994 10/15/2024 BMO BANK N.A. APPLE ACCESSORIES 245-50-510-53390-00000 $ 274.52 DFT0009994 10/15/2024 BMO BANK N.A. APPLE ACCESSORIES 245-50-510-53390-00000 $ 383.67 DFT0009994 10/15/2024 BMO BANK N.A. APPLE ACCESSORIES 245-50-510-53390-00000 $ 219.40 DFT0009994 10/15/2024 BMO BANK N.A. APPLE ACCESSORIES 245-50-510-53390-00000 $ 164.27 DFT0009994 10/15/2024 BMO BANK N.A. NETWORKS ACCESS POINT WIFI 401-10-140-53390-00000 $ 669.99 DFT0009994 10/15/2024 BMO BANK N.A. PYMT-HOTEL STAY -BASKETBALL FRIENDSHIP TOURNAMENT 999-00-000-10001-00000 $ (4,900.00) DFT0009996 10/18/2024 AGE HEALTH BENEFIT TRUST NOVEMBER 2024-RETIREE MIDAMERICA BRA ACH PAYMENT 100-25-299-50223-00000 $ 70,274.18 Grand Total: $1,780,607.77 Page 13 of 13 ITEM NO. 11 FROM: SAID GABRIEL "" b DATE: �n JA+Ww SUBJECT Honorable Mayor and Members of the City Council Shirley Quinones, Chief Deputy City Clerk November 6, 2024 Meeting Minutes of October 16, 2024. SUMMARY The City Council held the following meetings on October 16, 2024; Special City Council Meeting, Regular City Council Meeting, Finance Authority Meeting, Housing Authority Meeting and Baldwin Park Charitable Relief Foundation. 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 and Baldwin Park Charitable Relief Foundation Meeting held on October 16, 2024. FISCAL IMPACT There is no fiscal impact associated with this item. ALTERNATIVES None LEGAL REVIEW This report does not require legal review. ATTACHMENTS 1. Meeting Minutes of October 16, 2024. Page 1 / 1 Emmanuel J. Estrada Jean M. Ayala Alejandra Avila Daniel Damian Monica Garcia These / minutes I presented /I'd Agenda order. CALL TO ORDER The meeting was called to order at approximately 5:09 p.m. by Mayor Pro Tem Ayala. ROLL CALL City Clerk Saenz performed roll call: Tk4F'k4RFR C Council Member Alejandra Avila (present) Council Member Daniel Damian (present) Council Member Monica Garcia (absent) Mayor Pro Tem Ayala (present) Mayor Emmanuel Estrada (excused) PUBLIC COMMUNICATIONS Mayor Pro Tem Ayala opened Public Communications at approximately 5:10 p.m., see no one wishing to speak public communications was closed. OPEN SESSION/STUDY SESSION Sam Gutierrez, Director of Public Works presented the Southern California Edison (SCE) Electric Vehicle (EV) Charge Ready Program. 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 54956.9: A. Case: Matthew Rodriguez v. Baldwin Park et al. Case No. 2:22-cv-01.069-FLA-MAR United States District Court, Central Districts of California Mayor Pro Tem Ayala recused herself. NO REPORTABLE ACTION C. Case: Jorge Huerta v. Baldwin Park Los Angeles County Superior Court Case No. 22PSCP00250 10-16-2024 Special Meeting Minutes Page 1 of 2 2. Conference with Real Property Negotiators Pursuant to California Government Code, Section 54956.8 Property: 1. 1837 Puente Avenue, Baldwin Park, CA 91706 ADJOURNMENT Mayor Pro Tem Ayala motioned to adjourn the Special Meeting at approximately 7:10 p.m. Second by Monica Garcia. Passed [5-0] AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA ATTEST: Christopher Saenz, City Clerk Emmanuel J Estrada, Mayor APPROVED: November 6, 2024 10-16-2024 Special Meeting Minutes Page 2 of 2 III VoiVISS1116 i �` � r I � I CHARITABLERELIEF FOUNDATION REGULAR . ._ Mayor/Chair Mayor Pro TemNice Chair Councilmember/ Member Councilmember/ Member Councilmember/Member CALL TO ORDER The meeting was called to order at approximately 7:03 p.m. by Mayor Pro Tem Ayala. INVOCATION The invocation was given by Pastor Flores and Pastor Jackson. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Ayala. Emmanuel J. Estrada Jean M. Ayala Alejandra Avila Daniel Damian Monica Garcia City Attorney Tabares announced that the Teleconference feature will be added to the agenda. MOTION by Jean M. Ayala and Seconded by Daniel Damian to add the teleconference feature to the agenda. PASSED [4-0] AYES: AVILA, GARCIA, DAMIAN, AYALA City Attorney Tabares announced that Mayor Estrada request to participate remotely due to official business travel . MOTION by Jean M. Ayala and Seconded by Alejandra Avila to accept the Mayor's request to participate remotely. PASSED [4-0] AYES: AVILA, GARCIA, DAMIAN, AYALA ROLL CALL City Clerk Saenz performed roll call: MEMBERS: Council Member Aljeandra Avila (present) Council Member Daniel Damian (present) Council Member Monica Garcia (present) Mayor Pro Tem Jean M. Ayala (present) Mayor Emmanuel J. Estrada (present via teleconference) REPORT FROM CLOSED SESSION City Tabares announced that all the Council Members were present except for Mayor Estrada. The City Council met on all items on the agenda and there is no reportable action. On the item of Matthew Rodriguez v Baldwin Park, Mayor Pro Tem Jean M. Ayala recused herself. ANNOUNCEMENTS Mayor Pro Tem Ayala 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. 10-16-2024 Regular_FA_HA_BPCF Meeting Minutes Page 1 of 5 PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Mayor Pro Tem Ayala and the City Council presented Mike Salas, Program Supervisor with a Retirement Recognition Plaque for his Years of Service. Mayor Pro Tem Ayala and the City Council presented Sam Gutierrez, Director of Public Works with a Recognition Plaque for his Years of Service PUBLIC COMMUNICATIONS Mayor Pro Tem opened Public Communications at approximately 7:58 p.m., the following spoke: 1) Irma Morales 3) John Rios 2) Albert Mera 4) Greg Tuttle Seeing no one else wishing to speak, public communications was closed. CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. City of Baldwin Park's Warrants and Demands Motion to ratify the attached Warrants and Demands Register. 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) — September 2024 Motion to receive and file the Treasurer's Report for September 2024. MOTION: It was moved by Jean M Ayala, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 3. Meeting Minutes of October 2, 2024 Motion to approve the following meeting minutes of the Special City Council Meeting and Regular City Council Meeting held on October 2, 2024. MOTION: It was moved by Jean M Ayala, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 4. Award of Contract to Starside Security & Investigations for the Police Department's Jail Facility Staffing and Support Services. It is recommended that the City Council 1. Approve the Professional Services Agreement with Starside Security and Investigative Services for jail facility staffing and support services for a three-year term from December 1, 2024, through November 30, 2027; and 2. Authorize the City Manager to make non -substantive changes as approved by the City Attorney and execute the agreement. Item #4 was pulled. MOTION: It was moved by Jean M Ayala, seconded by Daniel Damian to table Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 10-16-2024 Regular_FA—HA—BPCF Meeting Minutes Page 2 of 5 Approval of First Amendment to Agreement for Grant Writing Services Between City of Baldwin Park and California Consulting, Inc. Motion to; 1. Approve the First Amendment to Agreement for Grant Witting Services Between the City of Baldwin Park and California Consulting, Inc., starting November 16, 2024, for a term of three (3) years; and 2. Authorize the Chief Executive Officer to Execute Agreement; and 3. Authorize the Director of Finance to appropriate the funds and make necessary changes to the budget. MOTION: It was moved by Jean M Ayala, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 6. Waiver of Formal Bidding Procedures pursuant to Section 34.23 of the Baldwin Park Municipal Code for the Authorization to enter into an Agreement to purchase SKYDIO X10 drones for the Baldwin Park Police Department UAS Program Motion to: 1. Make a finding that it would be impractical, useless, or uneconomical to follow the formal bidding procedures, and that the welfare of the public would be promoted by dispensing with the same. 2. Approve the 5-year agreement with Skydio for the purchase of X10 drones through Axon for the Baldwin Park Police Department's UAS program for $137,885.82 3. Authorize the Police Chief to execute all necessary documents for the purchase, subject to review by the City Attorney. 4. Authorize the Director of Finance to make the necessary appropriation from the Federal Asset Forfeiture Fund and budget adjustment; and to set up account # as needed. MOTION: It was moved by Jean M Ayala, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 7. Authorize the Replacement of Three (3) Maintenance Vehicles through the City's Vehicle Lease Program — CIP24-022-15727 and CIP24-047-15727/ 59003 It is recommended that the City Council: 1. Authorize the procurement of three (3) maintenance vehicles per the City's Lease Program; and 2. Authorize the Finance Director to make the necessary budget adjustments including carry-over of FY23-24 funds for CIP No. 24-022-15727 and CIP No. 24-047-15727/ 59003; and 3. Authorize the Director of Public Works or his designee to add three (3) vehicles to the lease program and process the necessary documents. Item #7 was pulled, for further discussion. MOTION: It was moved by Jean M Ayala, seconded by Monica Garcia to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA Microsoft Office 365 License Renewal Motion to approve entering into a Microsoft 365 For Governments License renewal with Planet Technologies for assorted licenses, the lowest of the three quotes secured. MOTION: It was moved by Jean M Ayala, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 10-16-2024 Regular_FA_HA_BPCF Meeting Minutes Page 3 of 5 PUBLIC HEARING REPORTS OF OFFICERS 9. Consideration of Naming the Dog Park Under Construction at Barnes Park Motion to; 1. Select the name of Baldwin Bark Park for the Dog Park under construction at Barnes Park; and 2. Authorize the Director of Recreation & Community Services to execute any associated documents necessary for the name selection. MOTION: It was moved by Daniel Damian, seconded by Jean M Ayala to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, 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 Jean M Ayala, seconded by Monica Garcia to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA SA 2. Treasurer's Report SA — September 2024 Motion to receive and file the Treasurer's Report for September 2024. MOTION: It was moved by Jean M Ayala, seconded by Monica Garcia to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA FINANCE AUTHORITY CONSENT CALENDAR 1. Treasurer's Report FA — September 2024 Motion to receive and file the Treasurer's Report for September 2024. MOTION: It was moved by Jean M Ayala, seconded by Monica Garcia 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 Jean M Ayala, seconded by Monica Garcia to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 2. Treasurer's Report HA — September 2024 Motin to receive and file the Treasurer's Report for September 2024. MOTION: It was moved by Jean M Ayala, seconded by Monica Garcia to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 10-16-2024 Regular_FA—HA—BPCF Meeting Minutes Page 4 of 5 CHARITABLE RELIEF FOUNDATION CONSENT CALENDAR 1. Staff recommends that the Board ratify the attached Warrants and Demands Register. Adoption of Resolution with the Board of Directors for Navidad en el Barrio, Inc., Christmas Campaign entitled, "Resolution of the Board of Directors Program Year 2024" Motion to: 1. Adopt Resolution with the Board of Directors for Navidad en el Barrio, Inc., Christmas Campaign entitled, "RESOLUTION OF THE BOARD OF DIRECTORS PROGRAM YEAR 2024"; and 2. Authorize the Chair to execute the Resolution. MOTION: It was moved by Jean M Ayala, seconded by Monica Garcia to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION Mayor Estrada sought consensus of the City Council to direct staff to look into the opportunity in applying for the HUD Grant Senior Age in Place. Mayor Pro Tern Ayala sought consensus of the City Council to direct staff to bring back the Boxing Club for recognition of achievement. ADJOURNMENT Mayor Pro Tern Ayala motioned to adjourn the meeting at approximately 8:30 a.m. and seconded by Daniel Damian. Passed. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA ATTEST: Christopher Saenz, City Clerk Emmanuel J Estrada, Mayor APPROVED: November 6, 2024 10-16-2024 Regular_FA—HA—BPCF Meeting Minutes Page 5 of 5 ITEM NO. 3 FROM: SAID GABRIEL "" b DATE: �n JA,Ww SUBJECT Honorable Mayor and Members of the City Council Robert Lopez, Chief of Police November 6, 2024 Award of Contract to Starside Security & Investigations for the Police Department's Jail Facility Staffing and Support Services. SUMMARY This item will approve a Professional Services Agreement (PSA) with Starside Security and Investigative Services (Starside Security) to provide jail facility staffing and support services for the Baldwin Park Police Department. The agreement includes custody officer staffing, operational support, training, and compliance services for a three-year term. Starside Security is the current provider of these services and was the only proposer who met the minimum qualifications outlined in the Request for Proposals (RFP). RECOMMENDATION It is recommended that the City Council 1. Approve the Professional Services Agreement with Starside Security and Investigative Services for jail facility staffing and support services for a three-year term from December 1, 2024, through November 30, 2027; and 2. Authorize the City Manager to make non -substantive changes as approved by the City Attorney and execute the agreement. FISCAL IMPACT The proposed contract amount is $416,252.40 annually for each three years, totaling $1,248,757.20 for the initial contract term. This represents a cost reduction from the current annual contract cost of $443,504.21 for FY 2023- 24. Funds for this contract are allocated in the Police Department's annual budget under consulting services, 100- 30-370-51100-00000. BACKGROUND The City of Baldwin Park Police Department operates a municipal jail to fingerprint and book arrestees and transport them to local courthouses. To ensure the jail's efficient and compliant operation, the City contracts with a qualified security and staffing company to provide custody officer staffing and support services. The current contract for these services, provided by Starside Security, expires on November 30, 2024. In anticipation of this expiration, the City issued a Request for Proposals (RFP) for Jail Facility Staffing & Support Services on August 8, 2024, with proposals due by September 2, 2024. DISCUSSION The RFP outlined minimum qualifications for proposers, including experience, current contracts, financial stability, licensing, training capabilities, compliance history, background check capabilities, technology proficiency, and staffing capacity. Page 1 / 2 The City received two proposals in response to the RFP. After a thorough review, it was determined that only Starside Security met all of the minimum qualifications outlined in the RFP. Starside Security has provided jail facility staffing and support services to the Baldwin Park Police Department since 2016. Their performance has been satisfactory, demonstrating their understanding of the City's needs and their ability to meet the jail facility's requirements. Key aspects of Starside Security's proposal include: • Staffing: Commitment to provide fully trained custody officers 24/7/365, with a dedicated account manager and field supervisor. • Training: Comprehensive initial and ongoing training programs that exceed state standards, including specific training on Baldwin Park Police Department policies and procedures. • Technology: Use of advanced scheduling and timekeeping software to ensure proper staffing levels and accurate billing. • Experience: Over 20 years of experience in law enforcement support services, with current contracts in multiple Southern California municipalities. • Compliance: Full compliance with all required licenses, certifications, and insurance requirements. The proposed contract offers the city a cost -saving opportunity. Despite an increase in the base hourly rate for staff (from $21.00 to $22.50), the overall annual cost of the contract will decrease from $443,504.21 to $416,252.40, resulting in annual savings of $27,251.81. This cost reduction, coupled with Starside Security's proven track record and familiarity with the City's operations, make their proposal particularly attractive. Given Starside Security's qualifications, current satisfactory performance, ability to meet all requirements outlined in the RFP, and the potential cost savings, staff recommends awarding the contract to Starside Security for the three-year term from December 1, 2024, through November 30, 2027. ALTERNATIVES 1. The City Council may choose not to award the contract to Starside Security and direct staff to re -issue the RFP. This action would require extending the current contract to ensure continuity of jail services and may result in disruption of services if a new provider cannot be secured before the current contract expires. 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. Professional Services Agreement 2. Starside Security and Investigative Services Proposal Page 2 / 2 Consultant Services Agreement JAIL FACILITY STAFFING & SUPPORT SERVICES CITY OF BALDWIN PARK PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 06 day of November, 2024, by and between the City of Baldwin Park, a California municipal corporation ("City") and STARSIDE SECURITY AND INVESTIGATIONS ("Consultant"), a Stock Corporation (2185153 ) with its principal place of business at 1370 Valley Vista Drive, Suite 200, Diamond Bar Ca, 91765. City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing JAIL FACILITY STAFFING & SUPPORT services to public clients, is licensed in the State of California, and is familiar with the plans of the City. 2.2 Project. City desires to engage Consultant to render such professional services for the JAIL FACILITY STAFFING & SUPPORT SERVICES project ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional JAIL FACILITY STAFFING & SUPPORT services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be for three (3) years, from December 01, 2024 to November 30, 2027 unless earlier terminated as provided herein. FOR MULTI -YEAR, AUTOMATIC RENEWAL NOT TO EXCEED TWO CONSECUTIVE YEARS; The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 2 (two] additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. -1- PROFESSIONAL SERVICES AGREEMENT Consultant Services Agreement JAIL FACILITY STAFFING & SUPPORT SERVICES 3.2 Compensation. 3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed $416,252.40 per year without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.3 Responsibilities of Consultant. 3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon -2- PROFESSIONAL SERVICES AGREEMENT Consultant Services Agreement JAIL FACILITY STAFFING & SUPPORT SERVICES request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for the performance of this Agreement is as follows: Robert Coventry, Chief Operations Officer (COO). 3.3.5 City's Representative. The City hereby designates Chief of Police Robert A. Lopez, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.3.6 Consultant's Representative. Consultant hereby designates Robert Coventry, COO or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its -3- PROFESSIONAL SERVICES AGREEMENT Consultant Services Agreement JAIL FACILITY STAFFING & SUPPORT SERVICES subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.3.9 Period of Performance. 3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be separately agreed upon in writing by the City and Consultant ("Performance Milestones"). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non -performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party's performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. 3.3.9.3 Should a Force Majeure Event occur, the non -performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.3.10 Laws and Regulations; Employee/Labor Certification. 3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. -4- PROFESSIONAL SERVICES AGREEMENT Consultant Services Agreement JAIL FACILITY STAFFING 6LSUPPORT SERVICES 3.3.10.2 Consultant certifies that it fully complies with all requirements and restrictions of state and federal |ovv respecting the ernp|Oynn8nt Of Und0CUrn8n[8d 8|i8DS, indUding, but not limited to, the |rnrnigr8UOn Reform and Control Act of 1988, as may be amended from time to time and ahu|| require all auboonau|LanLa and aub-aubuunau|LunLatocomply with the same. Consultant certifies that ithas not committed o violation of any such law within the five (5) years immediately preceding the date of execution Ofthis Agreement, and shall not violate any such law @tany time during the term Ofthe Agreement. 3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee orapplicant for employment because of race, re|igion, co|or, national ohAin, handicap, onoeatry. sex O[age. Such DoO-diSC[iDlination Sh@|| include, but not bg limited to, all @CtiVidSS [g|@tUd LO initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions ofCitv's Minority Business Enterprise program, Affirmative Action Plan or other related pnuAnannu or guidelines currently in effect orhereinafter enacted. 3.3.104 Air Quality. TO the extent 8pdic8be. CODSUK8nt must fU|k/ COrnp|y with all applicable |@vvS, nJ|eS and re0U|8UOnS in furnishing Or using equipment and/or providing ServiceS, including, but not limited to, 8DliSSiUDS limits and permitting requirements imposed by the South Coast Air {}U8|i&y Management City (GCACly0[]) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines orpenalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement. 3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all aubuontroctora, staff, and employees fully informed of and in compliance with all |OC8|' state and f8d8n9| |8VVS. rU|8S and F8gU|8tiDOS that may inDp8Ct' or be implicated by the p8rfO[rD8nCH of the SHrViC8S iOC|UdiDg' without |inOitBUOO' all 8pp|iC8b|8 pPOViSiODS of the Citv'S ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. & 1251' 8t seq.); the California POrt8FCO|OgDH VV8t8[ Quality COOtn]| Act (Water Code Q 13000 8t seq.); and any and all [HgU|8tiOOS, pO|iCiHS' or permits iSSU9d pU[SU8Ot to any such authority. CODGV|tGDt must 8ddiU0O8||y COrOp|y with the |8wfU| n8quin8DleOtS of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are LOb8conducted, regulating water quality and storm water discharges. City may S98k damages from Consultant for delay in COnnp|8Ung the Services caused by Consultant's failure to C0rnp|y with the |8vvS. regulations and pO|iCi8G described in this 88Cti0n. or any other relevant water quality |@VV. rHgU|8tiOO' or policy. 3.310.8 Safety. Consultant shall 8X8CUte and Dl@iOt3iO its work SO8StO avoid injury or damage UJ any person Or property. In carrying Out its S8n/C8S. the Consultant Sh8|| at all dOl8S be in CO[Dp|i8OCC with all applicable |OC3|. state and federal |8VVS' rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.311 Insurance. 3.311.1 Time for Compliance. CODSub8Dt Sh@U not CO[ODleOCe work under this Agreement until it has provided evidence satisfactory to the City that it has secured all -5- PROFESSIONAL SERVICES AGREEMENT Consultant Services Agreement JAIL FACILITY STAFFING & SUPPORT SERVICES insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause. 3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CIS 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross -liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant's profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims -made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement. 3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies: (A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other -6- PROFESSIONAL SERVICES AGREEMENT Consultant Services Agreement JAIL FACILITY STAFFING & SUPPORT SERVICES exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Professional Liability (Errors & Omissions): (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must "pay on behalf of the insured and include a provision establishing the insurer's duty to defend. (D) Workers' Compensation: (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers. 3.3.11.4 Primary and Non -Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. 3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 3.3.11.6 Deductibles and Self -Insured Retentions. Any deductible or self - insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self -insured retention. 3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall -7- PROFESSIONAL SERVICES AGREEMENT Consultant Services Agreement JAIL FACILITY STAFFING & SUPPORT SERVICES not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. 3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. 3.3.11.9 Enforcement of Agreement Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder. 3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. 3.3.11.11 Additional Insurance Provisions (A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. (E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of -8- PROFESSIONAL SERVICES AGREEMENT Consultant Services Agreement JAIL FACILITY STAFFING & SUPPORT SERVICES liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. (F) Consultant shall report to the City, in addition to Consultant's insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement. 3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant's subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant's compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the Project -9- PROFESSIONAL SERVICES AGREEMENT Consultant Services Agreement JAIL FACILITY STAFFING & SUPPORT SERVICES and require the same of any subconsultants. 3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6 Indemnification. 3.6.1 To the fullest extent permitted bylaw, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project -10- PROFESSIONAL SERVICES AGREEMENT Consultant Services Agreement JAIL FACILITY STAFFING & SUPPORT SERVICES or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. 3.6.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. 3.7 General Provisions. 3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.7.2 Independent Contractors and Subcontracting_ 3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant ("Subcontractor(s)") unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant's behalf are Consultant's employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders. 3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor's use of further independent contractors, subcontractors or subconsultants without the City's prior written consent. 3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the -it- PROFESSIONAL SERVICES AGREEMENT Consultant Services Agreement JAIL FACILITY STAFFING & SUPPORT SERVICES respective parties may provide in writing for this purpose: Consultant: Starside Security & Investigation, Inc., 1370 Valley Vista Dr, Suite 200 Diamond Bar, CA 91765 ATTN: Robert Coventry, COO City: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 ATTN: Enrique Zaldivar, City Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.7.4 Ownership of Materials and Confidentiality. 3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. -12- PROFESSIONAL SERVICES AGREEMENT Consultant Services Agreement JAIL FACILITY STAFFING & SUPPORT SERVICES 3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non -appealable order by a court of competent jurisdiction requires that City release such information. -13- PROFESSIONAL SERVICES AGREEMENT Consultant Services Agreement JAIL FACILITY STAFFING & SUPPORT SERVICES 3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. 3.7.7 Attorneys' Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and all costs of such action. 3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et sea. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. 3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease -14- PROFESSIONAL SERVICES AGREEMENT Consultant Services Agreement JAIL FACILITY STAFFING & SUPPORT SERVICES of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.7.16 No Third -Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. -15- PROFESSIONAL SERVICES AGREEMENT Consultant Services Agreement JAIL FACILITY STAFFING & SUPPORT SERVICES SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BALDWIN PARK AND STARSIDE SECURITY & INVESTIGATIONS IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF BALDWIN PARK Approved By: Emmanuel J. Estrada Mayor Attested By. Christopher Saenz, City Clerk Approved as to Form: Norma Tabares Best Best & Krieger LLP City Attorney STARSIDE SECURITY & INVESTIGATIONS Robert Coventry Chief Operations Officer an Its: Printed Name: M Its: Printed Name: -16- PROFESSIONAL SERVICES AGREEMENT Exhibit A - Scope of Services Starside Security and Investigation, Inc. (hereinafter "Contractor") shall provide the following services to the City of Baldwin Park (hereinafter "City") for the Baldwin Park Police Department Jail Facility: 1. Compliance Statement The Contractor shall comply with all applicable federal, state, and local laws, regulations, and standards, including but not limited to the Board of State and Community Corrections (BSCC) Title 15 standards and Baldwin Park Police Department (BPPD) Policy 900. The Contractor acknowledges that while providing staffing and support services, the ultimate responsibility for compliance with BSCC standards lies with the City`s Police Department. 2. Staffing and Personnel a. Provide qualified custody officers to staff the jail facility 24 hours a day, 7 days a week, 365 days a year, with the following staffing structure: • Jail Manager: Monday through Friday, 0800 hours to 1700 hours. • Custody Officers (Jailers): One (1) Custody Officer on duty at all times, providing 24- hour coverage daily, Sunday through Saturday. One (1) additional Custody Officer on duty Friday and Saturday, 2000 hours to 0400 hours b. Maintain a pool of fully trained custody officers to ensure adequate coverage for all shifts, including provisions for time off, sick leave, and other absences. c. When possible, ensure one female staff member is on duty or immediately available and accessible to female inmates at all times. d. Provide a dedicated Account Manager to oversee the contract and serve as the primary point of contact with the City. e. Ensure all custody officers are properly uniformed and equipped as specified in the proposal. f. Maintain at least one staff member on -duty at all times who is trained in first aid and CPR. g. Ensure all personnel meet the qualifications required by BSCC standards and BPPD Policy 900. h. Conduct thorough background checks on all personnel and ensure they obtain necessary clearances before assignment to the jail, including: 0 Live Scan fingerprint submission and clearance through DOJ and :FBI databases • County law enforcement records check to include LA, Orange, San Bernardino, Riverside and San Diego counties • California Department of Motor Vehicle records check • Criminal history verification through state and federal databases • Employment history verification of up to 5 years • Professional reference checks (3) • Psychological examination • Verification of eligibility to work in the United States Utilize TransUnion's TLOxp software or similar approved investigative tool for: Identity verification of potential staff, Address history verification, Criminal records verification, Employment verification, and Public records search. The City reserves the right to review background investigation procedures and audit background files, requires additional background steps, rejects candidates based on background results, and requires staff removal based on new background information. The City shall be responsible for costs associated with Live Scan fingerprints and psychological examinations required specifically for BPPD jail staff. The Contractor shall be responsible for all other background investigation costs, including standard employment verification, DMV checks, investigative software, and administrative processing. i. Maintain staffing levels in compliance with BSCC Section 1027. 3. Training and Staff Development a. Ensure all custody officers complete the California Board of State and Community Corrections (BSCC) approved Adult Corrections Officer Core Course within one year of assignment to the Jail, as required by BSCC Section 1020. b. Provide Jail Supervisory Training in compliance with BSCC Section 1021. c. Deliver a minimum of 24 hours of annual continuing professional training for all custody officers, supervisors, and managers, as required by BSCC Section 1025. d. Conduct an 80-hour orientation program for all new staff, including: • Department of Justice Criminal. Offender Record Information training • Fire and Life Safety training • Cultural and ethnic sensitivity training • Suicide prevention training e. Provide ongoing training on jail operations, including but not limited to Facility security, procedures, Inmate management, and classification, Use of force and restraint techniques, Fire suppression and emergency evacuation procedures, and First aid and CPR f. Maintain detailed records of all training completed by personnel and provide yearly training reports to the City. 4. Inmate Management a. Implement classification procedures per the facility's classification plan (BSCC Section 1050 and BPPD Policy 900). b. Conduct thorough booking procedures for all arrestees, including: • Proper documentation of arrestee information • Medical screening • Classification assessment to determine appropriate housing c. Implement protocols for managing special populations (e.g., mentally ill, suicidal inmates) as per BPPD Policy 900. d. Conduct routine visual safety checks on all inmates at intervals not exceeding 30 minutes, in compliance with BSCC Section 1027.5 and BPPD Policy 900. e. Document all safety checks in the jail log. 5. Safety and Security a. Implement and maintain strict safety and security protocols. b. Conduct regular security checks and inmate counts at least once per hour. c. Manage inmate movement within the facility. d. Respond promptly and appropriately to emergencies and security threats. e. Implement fire prevention practices and maintain fire detection and suppression equipment. f. Ensure proper key control and restricted facility access. g. Implement emergency procedures as outlined in BPPD Policy 900, including but not limited to: • Fire emergencies • Earthquake procedures • Escape attempts • Riots or disturbances • Hostage situations 6. Medical and Mental Health Services a. Facilitate inmate access to medical, dental, and mental health services as required. b. Implement appropriate procedures for managing inmates requiring special attention (e.g., suicidal, mentally ill, or violent inmates). c. Handle medical emergencies per BPPD Policy 900, including • Immediate notification of supervisory staff • Prompt provision of first aid when necessary • Arranging transportation to medical facilities when required d. Maintain confidentiality of medical information per HIPAA. 7. Food Services a. Coordinate with the approved food service provider to ensure timely delivery of meals. b. Serve meals per the approved menu and dietary guidelines. c. Maintain proper food storage and inventory control procedures. d. Ensure compliance with all applicable food safety regulations and BPPD Policy 900. 8. Transportation Services a. Provide regular transportation of in -custody arrestees to El Monte Courthouse as part of the standard contracted services. b. When necessary, provide transportation of in -custody arrestees to Pomona Superior Courthouse. Transportation to Pomona Superior Courthouse will be billed at an overtime rate outside the normal contract. BPPD agrees to be billed per hour at an overtime rate for these Pomona transports. c. Ensure all transport officers are properly trained and equipped for secure inmate transportation. d. Implement safety and security procedures for inmate transportation, including: • Proper use of restraints • Vehicle safety checks • Communication protocols during transport e. Maintain detailed records of all inmate transports, including departure and arrival times, any incidents during transport, and the officers involved. 9. Documentation and Reporting a. Maintain accurate and detailed records of all jail operations, incidents, and inmate activities. b. Provide regular reports that are available to the Police Department on jail operations, including but not limited to: • Daily population counts • Incident reports • Use of force reports • Medical incidents • Maintenance issues c. Make monthly staffing reports available, including hours worked and any overtime. d. Ensure all documentation complies with applicable laws and regulations. e. Maintain confidentiality of inmate records per applicable laws and regulations. 10. Quality Assurance a. Implement a comprehensive quality assurance program to maintain high standards of service. b. Conduct regular internal audits and inspections of jail operations. c. Cooperate fully with any external audits or inspections conducted by the City or other authorized agencies. d. Develop and implement corrective action plans for any identified deficiencies. 11. Compliance with Industry Standards and Best Practices The Contractor shall: a. Comply with all applicable federal, state, and local laws and regulations governing jail operations, including but not limited to the Board of State and Community Corrections (BSCC) Title 15 standards and Baldwin Park Police Department (BPPD) Policy 900. b. Stay current with evolving standards and practices in the field of corrections and implement improvements as appropriate. c. Participate in regular evaluations and audits to ensure compliance with these standards and best practices. The frequency and nature of these evaluations shall be determined by the City. d. Provide documentation of compliance efforts and outcomes upon request by the City. e. Implement a continuous improvement process to enhance service quality and efficiency. f. Attend relevant professional development and training sessions to stay informed about current best practices in jail operations. g. Collaborate with the City to address any areas identified for improvement and implement corrective actions promptly. h. Maintain all necessary certifications and accreditations relevant to jail operations. The Contractor acknowledges that while providing staffing and support services, the ultimate responsibility for compliance with industry standards and best practices lies with the City's Police Department. The Contractor agrees to fully support and facilitate the City's efforts to maintain compliance and continually improve jail operations. Exhibit B - SCHEDULE OF SERVICES Starside Security and Investigation, Inc. (hereinafter "Contractor") shall provide services to the City of Baldwin Park (hereinafter "City") for the Baldwin Park Police Department Jail Facility according to the following schedule: 1. Contract Duration a. Start Date: December 01, 2024 b. End Date: November 30, 2027 c. Possible Renewals: Two (2) one-year renewals 2. Regular Staffing Schedule a. Jail Manager: Monday through Friday, 0800 hours to 1700 hours b. Custody Officers: • One (1) Custody Officer on duty at all times, providing 24-hour coverage daily, Sunday through Saturday • One (1) additional Custody Officer on duty Friday and Saturday, 2000 hours to 0400 hours c. Maintain a pool of fully trained custody officers to ensure adequate coverage for all shifts, including provisions for time off, sick leave, and other absences. 3. Initial Training Schedule a. 80-hour Orientation Program: To be conducted by all custody officers before staffing the City Jail. To include: - Basic First Aid and CPR certification - Minimum four (4) hour class on handling criminal offender record information - Fire and Life Safety training - Other topics as determined by Contractor and City. b. The competency certification process is to be completed for each staff member as set by the City. 4. Ongoing Training Schedule a. 24 hours of annual STC refresher training for each employee. To be scheduled throughout the year to minimize operational disruption. b. Monthly training on selected subjects for all detention staff. Topics to be determined by the Contractor's Management Team. 5. Specialized Training Schedule a. Corrections Officer Core Course: To be completed within one year of assignment for new staff • Schedule to be determined based on course availability and staffing needs 6. Reporting Schedule a. Daily reports: To be submitted by [time] each day, if applicable b. Weekly reports: To be submitted by [day and time] each week, if applicable c. Monthly reports: To be submitted by the [day] of each month, if applicable d. Annual reports: To be submitted by [date] each year, if applicable 7. Performance Evaluation Schedule a. Overall service evaluation: To be conducted annually, on or around the contract anniversary date The Contractor shall adhere to this schedule to the best of its ability. Any significant deviations or changes to this schedule must be communicated to and approved by the City in a timely manner. Exhibit C - COMPENSATION Starside Security and Investigation, Inc. (hereinafter "Contractor") shall provide services to the City of Baldwin Park (hereinafter "City") for the Baldwin Park Police Department Jail Facility according to the following schedule: 1. Total Compensation The total annual compensation for services provided under this Agreement shall not exceed $416,252.40 as follows: 2. Rate Structure Billing will be at the following rates: BILLING WILL BE AT THE FOLLOWING HOURLY DATES: - CUSTODY Or�ibtk ,# *OVERTIME WILL BE BILLED IF EXTRASERVICE IS REQUESTED WITHOUT 48 HOUR NOTICE, OR ARE THAN CONTRACTED THEE VlEmERS ARE NEED, 3. Overtime Services Overtime rates apply for services outside the regular scope, including but not limited to: a. Transportation, when necessary, of in -custody arrestees to various other superior courts in the region, including the Pomona Superior Courthouse. Transportation to Pomona Superior Courthouse will be billed at an overtime rate outside the normal contract. BPPD agrees to be billed per hour at an overtime rate for these Pomona transports. b. Additional staffing for special operations approved by the City (e.g., probation/parole compliance operations, DUI checkpoint operations). 4. Invoicing and Payment The Contractor shall submit monthly invoices for services rendered. Invoices for overtime services must clearly indicate: a. Nature of the service b. Date of service c. Hours worked d. City approval reference Payments will be made as set forth in the Agreement. 5. Rate Adjustments The rates established in this Exhibit shall remain fixed for the duration of the Agreement unless otherwise agreed upon in writing by both parties. 6. Additional Services Any services not specified in Exhibit "A" or this Exhibit "C" shall be considered Additional Services. Compensation for Additional Services shall be negotiated and approved in writing before the services are rendered. The Contractor shall perform all services per the terms and conditions of this Agreement and shall invoice only for services rendered. 4 DETENTION SERVICES 0 SECURITY (ARMED d UNAPMED / PATROL) 0 PROTECTION + INVESTIGATION TRAINING LOCKSMITH Business Nan : Starside Security & Investigation, Inc. Business Address:Attn: Detention, Services Division 1370 Valley Vista Dr., Suite 200 Diamond B,x, CA 91765 Handling Office: Starside Detention Services Division Starslde Contacts: Robert Coventry, CPP Orlando Rose Chief Operations Officer Detention Security Services Division Contact Phone: Office - ellulr - 1 1 - 52 Contact mail.- r ;C�ve . tr st rs emc prose t s e Tay; ID: 91-2021957 Duns: -7 7 - 41 Cage Code: NAILS (Code)- 561.612 (Security Guards n atrolServices) 5 1 1 (Correctional Facility Operations) 561611 (Investigative Services) 561613 ore arService) 561621 (Alarm Systems, CCTV Install Monitoring) 561622 (LocksmithServices) 541690 (Security on ulti 151 dice Training) Type ot`ffins ness: Small, Woman -Owned, Minority Business 2 DETENTION SERVICES a SECURITY (ARKIEO1 UNARMED PATROL) 0 PROTECTION ® INVESTIGATION TRAINING LOCKSMITH City; of Baldwin Park, ail September 3, 2024 Attn.: Shirley Quinones, Chief Deputy Clerk 14403 Pacific Ave. Baldwin Park, CA 9170 . Quinones, Can behalf of Starside Security & Investigation, Inc,, I aria submitting this information in response to a request to provide a proposal for The City of Baldwin Park Jail. Stride Security & Investigation, Inc. (Starside) respectfully submits our proposal in response to the request as outlined below. Attached requirements, our submission package includes a Cover Letter i Executive Summary, a PDF document containing our ley Personnel Resumes„ our Transition Plan, and Pricing. Starside's provided contract documentation for this section is as follows: DUNS: 0-778-6441 IRS Tax Ifs: 91- 021go7 Experience in Detention: 12 Years, Security over 30 Incumbent at City of Baldwin Park ,fail since 12/2020 Starside can maintain consulting at the Baldwin Park Jail for an annual fee of 416,252 I00 Starside's provided licensing documentation for this section is as follows: CA'Private Patrol Operator License (PPG 14220 CA Locksmith Company Loc 4684 CA Peivat lnvesti ator License PI 22219 CA Training Academy Firearms TFF 1279 Starside has a proven track record of outstanding detention guard services, hospital escort and public/detainee protective services for multiple agencies including the United States Marshals Service (USMS), the Federal Bureau of Investigation, (FBI), Drug Enforcement Administration (UEA), Homeland Security & Investigation (HSI) and Department of State Hospitals (California). Starside Detention Services Division (DSD) currently transports detainees to and from the San 'Ysidro and Otay Mesa Ports of Entry on the United States/Mexico Border to various prisons and holding facilities. Our services also include transportation to and from the hospital, including medical appointments and court appointments. Our corporation also provides constant visual contacton the detainee until Starside transports them back to the USMS Cell Block or prison. I feel Starside Security & Investigation has gained invaluable experience working securing detainees for USMS, HSI, ATF, DEA and the FBI and would be a great fit for this procurement for the City of Baldwin Park for Booking, Mail and Transportation Services. Starside has been a government contractor since 2406 and is on the System for Award Management (SAM). Starside has provided Armed & Unarmed Security at Government Facilities, such as Parker loam (California l Arizona Border) from 2004 — 2014, Millennium Space Systems (Top Secret Officers), The Federal Aviation Administration (John Wayne Airport Tower) and the International Boundary Water Commission (Mexico Border I Nogales, AZ). The experience protecting Government Facilities, in a contractual capacity with The USMS and HSI, as well as our close relationship with the City of Baldwin Park. Our current contracts include 3 I ETEN110N SERVICES * SECURITY (ARm /UNARMED/PAi`ROL) 0 PROTECTION e INVE TICAMN o TRAINING & LocKsMITH approximately 150,000 annual hours of Detainee and Transportation services making Starside Security & Investigation, Inc a great choice for this procurement. Starside is the Incumbent and will maintain the jailers. Starside's Detention Security Services Division Office in our Corporate Headquarters will be the lead office in -charge of this procurement. Starside's Detention Services Division is led by me, (Starside's COO), Starside's Director of Detention Security Services Division„ (DSSD) Mr. Orlando Rose, DSSD Manager and Project Manager, Mr. Christopher Chae, and Stride's Project Manager, Mr. Jonathan 'i resick. These team members„ with extensive experience in jail operations, detainee transportation, booking, and corrections management are proposed as the Project Management Team for this procurement. Starside has positioned itself to help Federal, State and Local Law Enforcement Agencies keep Sworn Law Enforcement Officers providing other law enforcement duties by contractually performing the duties of transporting and securing detainees in their municipal jails. Starside is one of the few Government Contractors that has successfully managed detainees and eliminated the need for Sworn Officers to staff municipal jails and transport and guard detainees. Starside has all necessary and required licensing in California and is a locksmith and Firearm Training Facility. Starside is truly a full -service company; we take our job very seriously and subscribe to the principles of Honor, Respect, Duty and Service. Starside is a Small, Woman Owned Minority Business that has been entrusted to protect high value targets, personnel, and detainees over the yearn.. Starside only hires a small percentage of applicants and is proud to use a high percentage of former Military and Retired Law Enforcementfor its Detention Service Division. These Custody officers and Detention Transportation Officers have a higher degree of discipline„ excellent uniform presence, extensive detention security knowledge and the commitment to give The City of Baldwin Park, Starside employees undergo a government level background and are cleared to work by the LISMS, ICE or NISI to handle detainees. Starside will continue working with the City of Baldwin Park Police Department to continue the clearance process for all Mail employees. All Jail, Custody and Detention Services personnel are also given a Minnesota Multiphasic Personal Inventory (MMPI) Psychological Assessment to assure they have the integrity and values to carry out their professional duties. It would be a pleasure to continue serving the City of Baldwin Park; if I can be of any assistance, or if I can provide further information, please contact me at Starside's Corporate Headquarters at'(909) g -g gg or on my mobile phone at (909) 762-2001., 1 look forward to hearing from you and am excited about the opportunity to continue providing the City of Baldwin Park with the same professional Jail Facility Staffing and Support Services that Starside is currently providing, Starside is ready to provide the requisite professional staffing, and an approved team of replacement Custody Officers and the equipment needed. -I thank you for this opportunity and hope that I get to continue our good working relationship with you and the rest of your team. Sincerely, Robert J Coventry, CPP, CBM, CHS (111) Chief Operations Officer (COO) 4 DETENTION SERVICES 0 SECURITY (ARmr:o1UARMeD/PATRoL) 0 PROTECTION 0 INVESTIGATION TfWMNG LoCKSWTH EXPERIENCE AND PAST PERFORMANCE Budget constraints in the municipal jail system leave Correctional Officers and Law Enforcement Agencies unable to provide adequate protective services to the public including jail operations, prisoner transportation and protection. Private Detention is the only alternative in providing a professional uniformed presence to prevent escape and protect both the public and the persons arrested in municipal jails. A professional reliable, uniformed detention services company like Starside helps eliminate costs involved with overtime and taking professional City of Baldwin Park Police Officers away from their primary law enforcement functions. The following is a summary of the leadership and focus of Starside's Detention Services Division„ (DS ). *Starside's management and executive staff will be actively involved in the supervision and operation of the Custody Officers assigned to the City of Baldwin Paris. Mr. Orlando Rase, Starside's Detention Services Manager, is a former San Diego Police Officer and has been with tarside for over 7 years, managing all of Starside's Custody Accounts. Starside's COO MR Robert Coventry started his career in the Army as an Infantry Squad Deader and is a Court Qualified Expert Witness in Use of Force, Security Management,Jail and Custody Operations. * Starside staffs a Detention Supervisor 2417 to respond immediately to inquiries from clients and Custody Officers and to provide additional staffing if the need arises. The Supervisors are led by two Assistant Managers, both of whom have an incredible track record of custody and detention service, - Mr. Orlando Rose, a former San Diego Police Officer has been with Starside for over B years in a supervisory male, with managerial experience in jail operations, booking, and processing. The following are Starside's proposed leadership team for the City of Baldwin Park. Transition Manager 1 Executive Mr. Robert Covent , CPP Detention Services Division Director Mr. Orlando Ruse Detention Services Division Mana er Mr, Christo he'r Ch e Detention Services Division Asst. Manager Mr. Michael Boom Baldwin Park Jail Account Managtr A highly ualified City approved Manager 5 DETENTION SERVICES 0 SECURITY (ARMED/ UAED/PArRoL) 0 PROTECTION a IE nGATION a TRAINING LOCKSMITH Starside has them posted at all accountsfor easy access. Starside maintains the appropriate staffing levels to ensure the safety and security of inmates, staff and visitors. Inmate management procedures: Starside assts with inmate booking procedures, including fingerprinting and photographing, as directed by jail facility staff. Starside also transports inmates to various counties for court Monday through Friday. Starside maintains accurate records and logs of all Jail activity as required by the city. Starside uses the latest Jail management software and has passed all inspections with a 100% rating. Communication Management Plan: Starside maintains open communication with The City' of Baldwin Park Police Department, and Jail Management and plans to have monthly ;meetings with the Jail Commander and other designated representatives of the City of Baldwin Park Jail, Starside's directors and management are available 24/7 for the city of Baldwin Park and can respond immediately to any inquiries or questions, V Quality Assurance Plan: Starside has Policies and Procedures that have been implemented and strictly adhered to, Starside's COO has access to the Jail 24/7 and is committed to perform spot checks on staff in person as well as telephonic checks at least daily. Starside has 24/7 supervision that will be available for all Custody Officers if they have any questions regarding the Care, Custody and Control of inmates. Starside maintains the scheduling, handles payroll and human resources for all Custody Officers assigned to the City of Baldwin Park. Project Organizational Chart: Starside is a very organized corporation, that runs lean and mean, Starside is not top heavy, and all supervisory staff work together to support the mission. r. Robert Coventry, OPP Starside's Chief operations Officer Mr. Orlando Rose Detention Services Division Director Per. Christopher Ohae Detention Services Division Manager Cyr. Michael Room Detention Services Division Assistant Manager Vacant Britt be fitted by Oct 'Batdw n Park Jail Manager Custody; officers Baldwin Park fait 7 t DETENTION SERVICES a SECURITY (ARMED iUNARMED/ PATROL) 0 PROTECTION 0 INVESTIGATION * TRAINING e LOCKSMITH Wiry Star de? Starside is the incumbent at Baldwin Park Jail since December 2020 and is fully capable of performing 100% of program requirements as we are experienced in inmate care custody and control, transportation, and safety assurance -- qualities emphasized in our flour years of experience as the incumbent. With over 12 years of experience supporting the objectives of this specific Request for Proposal, we understand exactly what is required to support Baldwin Park in all business functions spanning from managing the day-to- day operations of the Jail to supporting the city°s long-term strategic objectives: 8 Uperlencoa and Past Performance �Exper'tene'6.tions Coromphity Outreach Five References� Three most relevant references (other than isaidwin ParkJail) --�USMSSanDieg6,(USMS) The�GEO Group, (GEO) Homelaestigation, (HSI) ost Breakdown (PerYeae) 'Training andTransition Transition verificati6ii'of training utline Training Oul "city Jah Outilhe Adult First AidjUR STC C6 rtectio Officer Coretourse (200 Hours) Manager and Administrator Course . ........... . .. 80 Hour Orientation Week I ounne Week 2 Outline Orientation Checklist (80 Hours) Annual training program descriptions 24Ilq ��Key Personnel NetentionSetvicesDivision Director, Mr.OrlandoAose� III Detention Services Division'Assistant Manager. Mr. Michael Boom . ......... .... SeiNnspection Checklist Ceftified Jail Officer Training . . ........... ..... ... I l'Certificate of Insurance �Pirlvate Patrol Operator License (Security Company) Private Investigat&1icense 11cicksmith Company License �City of Baldwin Park Professional Services Agreement 9 W , KIN&` DETENTION SERVICES 0 SECURITY (ARMED/ UNARMED I PATROL) 0 PROTECTM 0 INVESnGATIO TFW G LocKS IT ExPERIENCE AND QUALIFICATIONS. Starside is the Incumbent at the City of Baldwin Park Jail and has numerous state, local and federal accounts guarding Inmates /detainees and transporting them to facilities throughout Southern California. Starside's Detention Services Division is led by Starside's Licensee and Chief Operations Officer, (COO) Mr. Robert Coventry, CPP and Mr. Orlando Rose, Mr. Rose is a farmer San Diego Police Officer and Has been with Starside as a Program Manager for over 8 years. Starside started performing detention services in December 2013 and has over 150 Detention Officers and Transportation Officers to fill any vacancies and 2 Reserve Custody Officers Starside would like to maintain of the jail. Starside is proposing to maintain Starside's incumbent staff, with a new highly qualified Mail Manager. Starside also proposes to utilize Starside Detention Officer Supervisors and Starside's Corrections Field Training Officers to make sure the training at the Baldwin Park Mail exceeds Title 15 and any requirements The City of Baldwin Park has on the Statement of Work. Starside Security & Investigation, Inc., is in Diamond Bar, CA, where the Los Angeles, San Bernardino and Orange Counties meet. This affords Starside's Executives the flexibility to perform unannounced site visits to accounts in Southern California and the proximity to Baldwin Park is a huge benefit. Starside has a Private Patrol Operators License, Private Investigators License, and Locksmith License in California. Starside in incorporated in California and Ms. Yvonne Coventry is the sole shareholder, making Starside a Woman, Minority Owned Small Business. Starside has superior references and the knowledge and experience to perform above expectations. Starside years' Experience -in Corrections Detention Security.and over 30 years of High -Profile 10 DETENTION SERVICES SECURITY (ARMED I UNARMED I PATROL) 0 PROTECTION ION a INVEST1GATION o TRAIN04G LOCKSMITH but also helps them know that someone cares For their needs, and believes in their potential. Your kindness also makes nee smile and motivates one to continue to give back to my students so that they can go forward to become wonderful individuals who find success in their Future. I appreciate and value you -thank you! With gratitude, Ms. I ittlaus Dear Starside Security Yvonne Coventry, Thank you for making this project happen. I am so excited to tell my students that they will have the necessary supplies for my class this year. Your generosity warms my heart and made my day. I cannot thank you enough, I did not think that this project would be funded in time. With gratitude, Mrs. I osewit REFERENCES: Account Name Phone Email City of Baldwin Captain Joshua Hendricks 26) 81 - a 28 jhendricks@Baidwinpark.com Park Jail Project Size Type of Services Start Date Description 400,000,00 Jail Manager/ Jailers 1 i O 0— Starside provides Custody Approximately / 0 4 Officers and Transportation to (fluctuates various courts in the region for because of Fray the City of Baldwin Park to to to include Pay to Stay. Account Larne Phone Email USMS San Diego Kris Stephens, DUSM (19) 778-6752 Kris.stephens@usdoj.gov J Texas Project Size Type of Services Start Date Description 33,800,000.00 Detention Officers J Transportation 1 /2013, Starside provides [detention Officers Current 2020 — Officers and Transportation 2025 Officers to the United States Marshals Service in San Diego, Callas, Albuquerque, Phoenix, Austin, Tyler, Houston and San Antonio 12 DETENTION SERVICES a SECUPM (ARMED] UNARMED / PA'rROL) 0 PROTrECTION a IWESTIGATION e TRAINING Lo KSWTH f) Duration of providing Service: Starside has had this account since 1 / 01 (g) relationship to client: Starside is the Prime Contractor (h) Contact name, position, entity name, telephone number, fax number, and email address for each project: Kris Stephens, Deputy United States. Marshal (:g) 778-6752 kris.stephens@usdoj.gov Client Name The CFO Croup, (GE ) a) Pole of Firm: Provide Armed Detention Officers for Transportation and hospital watch'for The Geo Croup, (o) Dollar Value of Services: 4,250,000.00 (Annually) (c) Dollar Value of Fee: (d) Description of Services: Starside provides Armed Detention Officers to performs hospital watch on federal detainees assigned to CFfl's Facility in San Diego and Imperial County. Starside also transport inmates / detainees from Imperial County facility to the hospital and t San Diego if needed. (e) Staffing: This is as needed, Starside has over Sg Detention` Officers Assigned to this account (f) duration of providing Service: Starside has had this account since'9/19 g) Relationship to client: Starside is the Prime Contractor (h) Contact name, position, entity name, telephone number, fax number, and email address for each project Christopher Carney, Chief of Security ( 9) g- 4 ccarne, , eu ra as c m 14 1 DET NTION SERVICES 0 SECURITY (ARMED/UNARMED iPATROL) 0 PROTECTION 0 INVESTIGATION * TRAINING r LOCKSMITH Client Name Homeland Security & Investigation, (HSI) Immigration and Customs Enforcement, (ICE) Department of Homeland Security, (DH ) (a) Role of Firm: Provide Unarmed and Armed Detention Security Officers and Armed Transportation Officers t transport federal detainees for Homeland Security. () Dollar Value of Services, 3,400,000.00 (c) Dollar Value of Fee: () Description of Services: Starside provides Armed Transportation Officers to transport detainees arrested by HSI. Starside transports to facilities in San 'Diego and Imperial Counties. Starside receives detainees from the US/Mexico Border or any field office as needed. Starside processes, searches accounts for property, bags property and deposits cash into detainees account when processing. Starside transports detainees that are rejected from the facility or if they have to go to the hospital and provides Unarmed and Armed Security Detention Officer, (e) Staffing: This is as needed, Starside has over 25' Detention Security Officers assigned to this account f) Duration of providing Service: Starside has had this account since "7 01 () Relationship to client: Starside is the Prime Contractor (h) Contact name, position, entity name, telephone number, fax number, and email address for each project: Cynthia Manalo, Contract Officer (619) 2 7-7 10 cynthi .man lop ce.dhs.goy 16 R, DETF"ON SERVICES 0 SECURITY (ARMED I UARMED/PA7ROL) PROTECTION 0 INVE TIGAT*N TRAINING LoC1 SMITH Baldwin Park City Jail Operations (Starside SecurityI I iPark) DatedBudget Proposal , 2024 BASE PERIOD OPTION YEAR 1 OPTION YEAR 1 1 --11 / / 1 1 -- / / /11 -11/30/27 STAFFING 4 ,0 4.00 342,024,00 342,0 4.00 CUSTODY OFFICERS 4 FTE'S PLUS ACCOUNT MANAGER SALARIES, BENEFITS, CERTIFICATION INSURANCE 33,0 4.00 $33,624.00 33,6 4.00 OPERATING COST $40,604.40 40,004.40 $40,604.40 TRAINING PERMITS FI CATION ��'++CERTIFICATIONS ��RTy�I t.1, USA INMATE FOOD CONSULTING FEE (lZ %) TOTAL PERIOD , , , BILLING ILL BE AT THE FOLLOWING FAIRLYRATES: * ACCOUNT MANAGER SALARY I 80,000 PER YEAR *OVERTIME WILL BE BILLED IF EXTRA SERVICE IS REQUESTED WITHOUT 48 HOUR NOTICE, CFI IF MORE THAN CONTRACTED STAFF MEMBERS ARE NEED. 17 DETENTION SERVICES I+tRi"i"Y (ARMED IUNARMED/ PATROL) 0 PROTECTION INVEs'nGATION o TRAINING e LocKsmITH ACCOUNT MANAGER IS A SALARIED POSITIONS. ALL STAFF WILL BE MAINTAIN THEIR HEALTHCARE LIP TO 00 PER MONTH, 80 HOURS OF VACATION AFTER 1 YEAR, 56 HOURS OF SICK TIME. AFTER 1 YEAR. ALL PAY FATES ARE MINIMUMS. THE ACCOUNT WILL BE STAFFED AS REQUESTED UP To 216 HOURS A WEEK ' .ACCOUNT MANAGER WILL WORK MONDAY THRU FRIDAY, 080 - 1700 TO HANDLE ANY ISSUES, AND MONITOR THE COURT TRANSPORTS. AND WILL AVAIL HIMSELF CAN WEEKENDS IF NEEDED. CUSTODY OFFICERS: SUNDAY THRU SATURDAY 24 HOURS FRIDAY AND SATURDAY AN ADDITIONAL MAILER FRom 2000 -- 0400 HOURS MIGHT FLUCTUATE DUE TO TRAINING AND DEMAND PROPOSED INCUMBENT STAFF: STARSIDE iiil"ILL DEEP ALL OF OUR INCUMBENT STAFF, INCREASING THEIR PAY FROM 1 TO 22.50 AND HIRE A QUALIFIED JAIL MANAGER TO REPLACE JULIO MARTINEZ, WHO STARTED A COMPETITIVE COMPANY. ALL OF STARSIDE'S INCUMBENT EMPLOYEES HAVE A CALIFORNIA GUARD CARD,AND HAVE PASSED ATARSIDE'S DETENTION SECURITY SERVICES DIVISION BACKGROUND UND 18 DETENTION SERMC S 9 SECURITY (ARMED I UNARMED I PATROL) 0 PROTECTION a INVESTIGATION 0 TRAINING LocKSWTH TRAININGI I Starside Security & Investigation, Inc., (Starside) enthusiastically embraces all training requirements that would be requested by the Baldwin Park City Jail. The Jail Administrator, Jail Supervisor and Jailers will receive all training in accordance with the standards established by the Corrections Standards Authority, as set forth in the California Code of Regulations, Title 15, commonly referred to as the Standards and Training for the Corrections Program (STC). Starside will Dire individuals for the two (2) openings at the City of Baldwin Park Mail who possess the necessary training and will ensure all staff completes the Corrections Officer Core Course training within one year of the assignment to the City's Jail, We assure the City more than 0% of all staff assigned to the Jail will have completed the "acre Course." Starside's Chief Operations Officer Mr, Robert Coventry, CPP and Starside's Detention Project Manager bath sit on the Orossmont College ,Advisory Board for the Adult Corrections Core Course and help develop new procedure and review the training curriculum for Grossmont College and would use the curriculum for Baldwin Park Jail. As rioted previously in this proposal, we have many highly trained, motivated staff currently working at our Southern California Detention Division who have expressed their desire for reassignment. Should we be offered the contract, we anticipate absorbing the Incumbent staff - fully trained and recipients of all Title 15 certifications - to the City for review. Each employee will not only receive (orpossess) the initial STC program but will receive 24 hours of STC refresher training on an annual basis. Starside utilizes an external resource with appropriate certifications for providing the STC program competencies, Orientation Training and On -The -Job Training are clearly, described in the Proposal. Should the Baldwin Park City Jail state requirements for some; Orientation Training to be completed concurrently with actual service, we prefer to conduct an 0-hour Orientation Program in which all staff designated for assignment to the City's Jail would attend: The 0-hour program with all staff 'in attendance offers several benefits: High duality uniform training for all staff Opportunities to build cohesiveness and teamwork Offers an efficient approach in which instructors address specialty topics and capture all staff in one session Staff gain better understanding of the company's and City's expectations through exposure to questions and discussion Ultimately, training as "one team' results in better performance for the City Police Department As part of the 80-hour orientation program, Starside will ensure an approved vendor, endorsed by the American Red Cross or American Heart Association, conducts a Basic First Aid and CPR course and that all staff are certified in Basic First Aid/CPR during the Orientation. All Orientation training participants will complete a minimum four (4) hour class on handling criminal offender record information. Starside acknowledges the City must conduct this training and upon 1 t DETEN,nON SERVICES 0 SEC RM (ARMED IUNARMED IPATROL) 0 PROTECTION 0 INVESTIGATION e TRAINING LOCKSMITH Staff are expected to demonstrate the knowledge and the actual, hands-on skills to progress to level in which they are certified as completely competent in all job tasks. t the ity's Jail, we plan to use Orlando Rose„ Director Jail Operations and a highly qualified Jail Administrator to provide OJT training using Starside's Fuld Training Officers. Staff will demonstrate skills in a variety of jail work' procedures before they are certified as fully competent by Starside standards. We will complete the OJT training for all staff using the innovative Fuld Training Officer process within two weeks of the contract's service start date, Attached is a' Training checklist that will be completed for each staff member to certify their competency in all Mail work responsibilities Beyond Orientation and On -the -Job Training, Starside will continue to meet all annual training requirements. Attached is a proposed training program to meet the requirement for 24 hours of annual training. Starside continually trains our jail and detention staff, Starside's Project Management Team picks a subject monthly and all detention staff is trained on that subject, we use this monthly training to refresh staff and to keep up to date on important real time corrections issues. Moreover, in keeping with Starside's philosophy we will maintain a career development plan for each of our staff assigned to the ity's Jail to identify goals for everyone. We will also develop goals for the collective staff to foster the best performance possible. 1 DETENTION SERVICES 0 SECURITY (ARMED/ UNARMED l PATROi) ;0 PROTECTION + INVESTIGATION e Tf?AININC & LOCKSMITH Transition As noted in the description of how Starside will continue to train our employees to operate the City of Baldwin Park Jail Facility, we hope the city would approve our proposal to include an on -site Jail orientation during the -hour Orientation Training program. We believe two shot sessions during Orientation, perhaps each session about2-4 hours in length of time, would provide adequate familiarization for a seamless transition. Please keep in mind we express this high level of confidence knowing we will possibly be assigning high -quality staff from currently operating jails (subject to the City's approval), Starside will rely on our close partnering with the Baldwin Park Police Department to assist in matters involving shared information or support, to include.' Starside requests Point of Contact for communicating issuesaffecting Jail operations Starside requests access to the latest tail manual for areas requiring policy/procedural reliance, Starside has one but needs to confirm it is the latest Starside requests inclusion of Police Department activities affecting Mail operations Starside requests courtesy notifications of pending auditslinspectil nsltours of the Jail 22 DETENTION SERVICES SECURITY (MmE a f UNARMED d P tROL) 0 PROTECTION INVESTIGATION TRAINING LOCKSMITH TRAINING OUTLINE CITY JAILS TRAINING OUTLINE ADULT FIRST -AID & CPR COURSE — 6 HOUR COURSE All Custody Officers are required to attend this course ever 2 years to be certified by the American Red Cross (Rio (-Hondo Chapter Training covers all aspects of first aid & CPR as required per title 1 S CCORRECTIONAL FICE CORE C 200 HOURCOURSE All Custody Officers need to attend this training within the first year of employment. It is required by title 15 to have completed this course to maintain employment. Training covers topics specific to city and county jails. Training includes Drug Awareness, Suicide Prevention, Gang Affiliation, Court Transportation, Food Management, Juvenile Detention, Sanitation, Public Visitation, Inmate Rights, Inmate and Staff Security, Emergency Evacuation, and Report Writing. There are 5 tests that test the staff 'on those topics. There is also a physical agility test that includes: 1. -mile run, sit-ups, push-ups, dummy drag, pull -yaps, and agility test. ER AND ADMINSTRATIOR CORE COURSE CC — 80;HOUR COURSE All Jail Managers and Supervisors need to complete this course within 1 year of being assigned to a jail management position per Title 15. Training covers various management topics such as: Budget, Title 15, Time Management, Policy and Procedures, Litigation, Public and Private Contracts, Jail` Inspection, etc. JAIL REFRESHER TRAINING — (2 — TYPE 1 JAILS): (8 HOURS — TEMP HOLDING ; FACILITIES) All Custody Officers will complete 8 or 24 hours (depending on what type of jail they are assigned) every year after they have completed the STC Core Course. It is required by Title 15 that every jail employee be refreshed in any jail specific training. The training is broken up into 3 (8 hour) classes, with different topics being taught each day. Topics include but not limited to: Drug Awareness, Suicide Prevention, Gang Affiliation, Court Transportation, Food Management, Juvenile Detention Sanitation, Public Visitation, Inmate Fights, Inmate and Staff Security, Emergency Evacuation, and Report `),Writing. JAIL MANAGER AND SUPERVISOR REFRESHER TRAINING — 4 HOURS) 2 DETENTION SRVIC uR1TY (ARMED/UNARMEDI PATROL) 0 PROTECTION 0 MESTIGATIO TRAINING ' LOCKSMITH All ,fail Managers and Supervisors are required to have 24 hours of refresher training ever year after completing the MACC Training. The training is 3 (8 hour) classes. Topics include: Budget, Title 15, Time Management, Policy and Procedures, Litigation, Pudic and Private Contract Jail Inspections,; etc. 2 WEEKSO THE JTRAINING —-HOURS) Every jail staff will be trained on the job for the first 2 weeks of employment. The training will be given by the jail manager. All job duties and policies will be covered in the training for that specific jail. Documentation' of all training topics will be kept in the employee file. 4 Monday Clasp 0800-1000 Welcome to the Baldwin Park City Jail 1000 — 1 00 Standards of Employee Conduct 1 04 — 1700 Tuesday Department of Justice Criminal Offender record Information 00 — 17 0 Baldwin Perk City Jail Policy Manual Wednesday 00 —1200 Fire and Life Safety (Jail Procedure Manual) 1300 —1400 Starside Fire and Life Safety 'Review 1400 —1500 Sexual Harassment 1 0 — 1700 Thursday Suicide Intervention / Prevention 08010 — 1700 Iced Cross CPR I First Aid Friday 0 — 1000 10 1100 1100 —1200 1300 —1 00 Universal Precautions / Blond Borne Pathogens Personal Protective Equipment PEA (Prison rape Elimination Act) Cultural and Ethnic Sensitivity 1600 — 1700 Cross mender Detainee Supervision 2 Monday 000 — 100 Communication Skills/Counsel! Tuesday 000 —1 00 Flail Familiarization: Intake booking Hni mine Pnlir,.rr G Class ig Techniques Release Procedures r mnrt{r Rfnr nn Equipment, Reporting Documentation Wednesday 000 —1000 Security Threat Groups 1000 — 100 Direct Supervision of Offenders 1 00 — 1 00 Professionalism and Ethics 1 00 — 1 00 Contraband Control Thursday 0800 — 1000 Detainee Rules and Regulations 1000 — 1 00 Report Writing 1 00 —1600 Searches and Shakedown Techniques 100 — 1'00 Detainee Property Procedures Friday 000 - 100 Emergency Plans and Procedures 1 00 -1 00 Use of Fero 1 00 - 1600 Tool and Key Control 100- 100 Counts Staride 7 DETEN-nONSERWCCE 0 SECURTY (AR6tYE01UNARMED/PATROL) PROTECTION 0 INVES-nGATION e TRAgit$NG LOCKSMITH BALDWIN PARK CITY JAIL CUSTODY OFFICER ILHOLDING FACILITY Custody Officer Candidate: Last Name First Name Field Training Officer (Circle tine): Hammond Macias McBride Harris' After each subject has been successfully completed, bath Candidate and Field Training Officer (FTC)) shall initial and record the date below for each of the subject module on this training record. Training will not be complete until all modules have been covered and a test has been completed, and the Training Record has been approved by the Director of Detention Services or their designee. GENERAL ADMINISTRATION tilt al R ORIENTATION HISTORY BALDWIN PARK JAILOPERATIONS INTAKEPROCEDURES: !• W-1 11=0 mloll1 COMPLETE ENROUTL BOOKING m ® t■YII�11111�®tYt MI IM 1 � A� N � - IIIII I • IIIIIII''I''IIIIIIIIIIII'''''' IIIIIIIIIIIIIIIIIIIII 0,1101ro. !" • IIM CLASS! • -i ADDITIONAL CHARGE�SLIP 2 DETENTION SERVICES * SECURITY (ARMED/UNARMED/ PATROL) 0 PROTECTION 0 INVESTIGATION TRAINING LOCKSMITH Custody Officer Candidate: Lest Name First Flame SECURITY AND CONTROL: MODULE DATE PASSED CANDIDATE'S INITIALS FTO'S INITIALS SECURITY AND CONTROL INMATE DETAINEE MOVEMENT INMATE / DETAINEE COUNTS TOOLS AND EQUIPMENT EMERCENGY RESPONSE PLAN SEARCHES PAT DOWN l DETAILED PROPERTY: MODULE DATE CANDIDATE'S INITIALS FTO'S INITIALS PASSED ARRESTEE PROPERTY FORM RECEIPTS ARRESTEE PROPERTY STORAGE SEALED PROPERTY MEDICAL FTOYS INITIALS MODULE DATE PASSED CANDIDATE'S INITIALS MEDICAL CARE INJURY TO INMATE l DETAINEE CALLING 911 I MEDICAL" ASSISTANCE MENTAL HEALTH CONCERNS SUICIDE J ATTEMPTED SUICIDE INMATE l DETAINEE DEATH FINGERPRINTING: MODULE DATE PASSED CANDIDATE'S INITIALS FT'S INITIALS INMATE l DETAINEE REGISTRANTS (MEGAN'S LAw PUBLIC PHOTOGRAPHS: MODULE DATE PASSED CANDIDATE'S INITIALS FTC's INITIALS MUG SHOTS REGISTRANTS (MEGAN'S LAW DET NTM NSERVICE: 0 SECURITY(ARMED)UNARMEDIPATROL) 0 PROTECTION 0 INVE TIGAMN TRAINING LocKsMITH PUBLIC TATTOO DocuMENTATION CRIME ANALYSIS; Detention Security Officer Candidate; Last Name First Name EQuiPMENT: Module Date Passed Candidate's Initials FT 's Initials LIVE SCAN MACHINE CAMERA REGISTRANTS INK PLATER VEHICLE MAIL VAN LOCAL ACCESS COMPUTER CCTV / VIDEO SURVEILLANCE TELEPHONE / FAX EMERGENCY LIGHTING MAIL MANAGEMENT SYSTEM JMS MEDICAL Module date Passed Candidate's Initials FT I's Initials Medical Care Injury to Inmate / Detainee Wallin � � /Medical Assistance Mental Health Concerns Suicide / ttem ted Suicide Inmate /Detainee death REPORTINGT T MODULE [SATE CANDIDATE'S INITIALS FTO'S INITIALS PASSED ,SAIL ADCIDENTS .JAIL INCIDENTS ARRESTEE / STAFF INJURY REPORT WATCH COMMANDER NOTIFICATION STARSIDE DIRECTOR / CORPORATE USE OF FORCE TO JAIL ADMINISTRATOR POPULATION (GAILY / WEEKLY MONTHLY TIMESHEET / OVERTIME AUTHORIZATION 30 DETENTION SERVICES 0 SECURITY (ARMED UNARMED IPATROL)'0 PROTECTM INVESTIGATION TRAINING LOCKSMITH Custody Officer Candidate: Last Name First Name PROCEDURES:SAFETY MODULE SAFETY CHECKS: KEY CONTROL DATE CANDIDATE'S INITIALS FTC's INITIALS PASSEL? INMATE / DETAINEE MOVEMENT LOGBOOK SAFETY CELL(S) WEAPONS IN JAIL RESTRICTIONS SUICIDE PREVENTION PREA (PRISON RAPE ELIMINATION ACT) FIRE SAFETY / FIRE PROCEDURES ILEMERGENCIES: MODULE MAIL ALARMS PARAMEDICS FIRE ESCAPES / ATTEMPTED ESCAPES EVACUATIONS DATE' PASSEL) CANDIDATE'S INITIALS FTO'S INITIALS HOSTAGES FIRST AID KITS POWER FAILURE RESPIRATOR SCBA EARTHQUAKE PROCEDURES RELEASE F T Module Date Passed Candidate's Initials FTt 's Initials Q.R. Cites 89 Releases Juvenile Cites Bonded Out Bail Bonds Medical Release TRANSPORTATION: Module Date Passed Candidate's Initials FTO's Initials To Western Valley Detention To / From Other Agencies Restraints 31 Classification MINOR- is MOINIVIII LQ�itt�and 'Sanitation -FEMALE PROCESSING: Six Hour Limit� Supervision PAPERWORK RoUTING: Module Date Passed Candidate's Initials F I.Ys Initials Boo ork DETENTION SERVICES SECURITY (ARMED1 UNARMED I PATROL) 0 PROTECTION INVESTIGATION IGATION TRAINING LOCKSMITH Custody Officer Candidate: Last Name First Name I , Certify and Attest that all of the Training Modules above have been completed and I have a complete understanding of the procedures as defined in training and understand all of the Past Orders for the City of Baldwin Park Jail. I have had the opportunity to ask for clarification and I understand and will follow all training. Signature Gate: Employee lumber: Witness Signature: Witness Name: Cate: Executive Approval Signature Printed Name: Cate: 33 i W RETENTION SERVICES 0 SECURITY (ARMED/ UNARMED/ PA FROL) 0 PROTECTION i INVESTIGATION TRAWNG LOCKSMITH Every year, Starside Security would provide our Baldwin Dark Jail employees with 24 hours of in-service training to meet the California Corrections Standard Authority Requirement. In addition, a curriculum, based upon the City' approval and workplace assessments of training needs, would be presented. Topics in every -hour training program would include: Suicide Prevention rCustodvOfficers` Curricula The Suicide Prevention for Custody Officers Course is based upon a presentation by the California Institute for Mental Health titled `On Your Watch —' The Challenge of Jail Suicide". Through comprehensive and detailed information and a group discussion session, our employees will develop a rich understanding of suicide risk factors and indicators and suicide prevention techniques for the detention setting. They will also understand that suicide prevention is a shared responsibility and one to be taken with the utmost sincerity, Keys to Collaboration Curriculum Understanding the ubiquity of workplace problem -solving and the need for conflict resolution, our employees will better learn how to solve and coordinate together. As a company, we will work to provide effective detention solutions for Baldwin Park City Mail - and to do so, it is best that we further our collaborative skills. Effective Reporting and Detailingr Custody Officers Curriculum While we consistently communicate with and inform clients, we rely on incident reporting and event detailing to provide the best service possible.. In both civil and criminal litigation, corrections and probation operations, written communications remain necessary in our field. Our officers will learn how to concisely, accurately, and effectively present information in an informative and, professional manner. This is especially important for probationary sentencing reports and emergency incident detailing. 35 �.�. _. DETENTION SERVICES 0 SECURITY(ARmEoIUNARMED IPATROL) rROTECT"ION, INVE TIGAT" ON TRAINING 0 LOCKSMITH Assisting the Mentallyi ii ` Disabled Curriculum Unfortunately, mental illness and developmental issues remain profoundly tragic; issues for the detention sector. Supportive and precautionary interactions between our employees and these who suffer from these conditions are especially important in providing for the safety of our employees, our detainees, and the Baldwin lark City Jail. In this course, our employees will further their knowledge in identifying potential mental illnesses, safety assurance techniques, as well as incidences in which they may interact with those suspected of mental illness. With guided instruction and a group discussion, we hope to encourage a new approach to support all involved.; Custody Ethics r iTogether Curriculum s individuals, members of non-professional and professional organizations, detention officers, and employees of Starside Security and Investigation, we hold ourselves the highest standard in providing for the safety of our clientele, our detainees and ourselves. By holding ourselves to the highest ethical standard, we set the oar for the detention and security industries. Through our capacity as detention officers, we create a new community, together. This course will detail organizational integrity, professional ethical standards, and demonstrate how our officers have and continue to maintain our helpful, kind, and professional reputation in detention services. Personalt Curriculum Life can he tough — and as an employee in the detention services indiustry, our employees face exceptional stress on the clock. Stress is a serious and impactful factor in weakening one's health, but through corporate prevention measures, teambuilding, and personal support structures, we can work towards a healthier and more effective workforce. Through this workshop, our employees will understand the ways that stress can harm the individual in psychological„ emotional, and organizational measures. A group discussion regarding trauma is also presented, Stress in Detentionis Curriculum Now can we work more effectively? One of the clearest ways to address this question is to work towards a workplace which uses stress for positive impact. Our employees will learn to transform negative stress into motivational energy to pursue our corporate and community mission, As our employees contribute to the Baldwin mark City Jail, we also work towards providing a beneficial community for our employees to grow and learn from. 6 DETENTION SERVICES 0 SECURITY (ARMED I UNARMEDIPATROL) PROTECTION INVESTIGATION TRAINING :LoCKS ITH Current Trends in OrganizedCrime Curriculum Officers in the detention services industry are constantly presented with the evolving and dangerous nature of organized crime. By learning about current trends in organized crime and commonly used techniques to hide group affiliations, our officers will learn how to effectively protect the Baldwin Park City Jail, the public and our staff from these threats. Effective is ion (4-hour Curriculum To conclude our session, we further emphasize the importance of effective verbal communication. No matter the' conversation participants or topic, it is crucially important that our officers present themselves with care and professionalism. Through this course, we will further provide safer and more effective solutions with collaborative verbal communication. 37 o y DETENTION SERVICES a SECURITY(ARMED fUNARMED IPATROL) PROTECTION 0 INVESTIGATION TRAINING LOCKSMITH Mr. Orlando Rose Current Position: Detention Services Division Director De ree(s) High School Diploma, Eisenhower High School, rialto, CA, 2004 Fears of Relevant Experience: + years of relevant experience, 6+ years of supervisory experience 2+ yearn of direct RFQ experience as DO Supervisor supporting Relevant Certifications and Certificates: �t Certified Law Enforcement Peace Officer Academy, California Commission on Peace Officer Standards and Training, San Diego Regional Public Safety Training Institute at Miramar College, October 2010 Basic Certificate, The Commission on Peace Officer Standards and Training, Mate of California Department of Justice, October 2011 Field Evidence Technician, Certificate, California Stag University, Long Beach, March 2012 Relevant RFC Experience: 2+ years direct experience on RFQ as DO Supervisor Current Functional Responsibilities: Responsible for the supervision of DQs to include a) Preparing work schedules, ) Ensuring DOS receive required training, c) Ensuring proper DO coverage for assignments, d) Managing task performance„ e) Implementing Pest Orders, f) Preparing reports: Supports DO operations: issue weapons coordinate transports, provide paperwork for transports, perform in processing duties, perform post checks, provide backup if -a detainee is causing issues, provide training, assign the appropriate vehicle to the transport, number of seats etc.„ coordinates, vehicle maintenance and repairs, perform equipment inventories Employment History: Current Employer- Starside Security & Investigation, Inca March 21- Present Detention Officer (DO) Supervisor Prior Employer — Securita January 2013 — November 201 Armed Officer Supervisor isor �t Daily responsibilities as a shift supervisor vary from ensuring all posts are covered and ensuring safety of all officers. Handled all issues officers come across: Stemming from access control, to leaks, emergencies and security breaches, Recording various forms of data and shift activity. Monitoring cameras and access to secure areas. Prior Employer - San Diego Police Department January 2010 — November 201 Police Officer Duties: Duties varied from protecting people to property. Patrolled the areas assigned, which sometimes include entire jurisdictions, respond to calls, enforce laws, make arrests, issue citations, and occasionally testify in court cases. Certified field evidence technician, Certified and trained on gangs,.lockpicking and auto theft recovery. 39 DETENTION SERVICES 0 SECURITY (ARMED/ UNARMED I PATROL) PROTECTION * INVESTIGATION a TRANN LoCK WTH • Acting as liaison between the Federal Bureau of Prisons/Facilities and contracting agencies such as the U.S. Marshals • Counseling inmates and responding to legitimate questions, concerns, and attorney phone call requests • Supervising Field Training Officers (Corporals) ensuring they are conducting proper` training with Detention Officers and staying up to date on current training curricula • Conducting vehicle inspections on all fleet vehicles for potential damages and contraband as well as scheduling for routine maintenance and repairs Starside Security & investigation, detention Officer 201 - 2021 • Monitoring Inmates ensuring restraints remain secure to prevent escape while also providing security for Medical Staff from potential harm in a hospital setting • Documenting and reporting Inmate ;behaviors, Inmate identification, and incidents on a daily activity report/incident reports. • Conducting room searches, pat downs, and Inmate property searches for any contraband such as weapons and drugs • Responding to emergency calls on combative Inmates assaulting other Detention Officers and or up to harming themselves • Transported/booked Detainees under the custody of Homeland Security Investigations from the Port of Entries to Federal Prisons, Detention Facilities, and County Jails while filling out transport logs • Transported large groups of Inmates under the custody of the U.S. Marshals from Federal Prisons to airports for the Justice Prisoner and Alien Transportation System (JPATS) Loomis Armored, Armed Guard/Courier, Shift Lead 2007 - 2019 • Skillfully transported armored trues carrying valuable items and large amounts of currency to their respective destinations • Monitored the overall loading and unloading of cash, valuables and other important artifacts and ensured proper delivery of the requested items. • Planners for complete security and road directions on various routes • Communicated with various clients and customers of different Funks and safely delivered the requested amount of cash and coins to them • Provided security while awned for atm technicians while loading cash into ATMs U.S Marine Corps 2003-2007 Honorable Discharge Instructed and supervised a;squad of 12 Marines as a squad leader while coordinating combat missions in search of terrorists during 2nd. Combat tour in Iraq Honors and Accomplishments included: * Rifle Expert 3 awards i Marine Corps good Conduct Medal Combat Action Ribbon 9 Sea Service Deployment Ribbon w/1 star e Iraq Campaign Medal a Global War on Terrorism Service Medal a national Defense Service' Medal - 2 Combat Tours in Iraq . Corporals Course (Leadership) * School of infantry; 0311 Rifleman 41 DETENTION SERVIE 0 SECURITY (ARMED/"UNARMED IPA-rRoL) PROTECTION * INVESTIGATION 9 TRAINING Lo K MsTH . Michael Boom Current Position: Detention Officer {Ott) Supervisor supporting USMS, HSI, FBI, DEA„ A,TF and US Postal Inspector Degree(s): AA Business Management, high School Diploma Years of Relevant Experience: 30+ Years of leadership and relevant experience Relevant Certifications and Certificates. United States Army Hanger School -- Fort Benning, Georgia, Danger Tab Awarded, 1994 Organizational Strategic Leadership, United States Army Sergeants Major Academy, Fart Bliss, TX 2004 m Bronze Star, Iraq, October 2005 i'- 172nd Infantry, Afghanistan, Bronze Star, November 2008 �f# 8nd Airborne, Afghanistan, Bronze Star, March 2012 Bronze Star 8 nd Airborne, Iraq, October 2013 4- Legion of Merit, April 2013 California Guard Card, Security officer Levels 1-, Permit to carry exposed firearm.: Allied Security, Sacramento, CA 2014 ,Relevant RFQ Experience; 5 years -experience as [detention Officer Supervisor Current Functional responsibilities. Responsible for the supervision of DOS to include a) Preparing work schedules, b) Ensuring DOs receive required training, c) Ensuring proper DO coverage for assignments, d) Managing task performance, e) Implementing Post Orders, f) Preparing reports. Supports DO operations: issue weapons, coordinate transports, provide paperwork for transports, perform in processing duties, perform post checks, provide backup If a detainee is causing issues„ provide training, assign the appropriate vehicle to the transport, number of seats etc., coordinates, vehicle maintenance and repairs, perform equipment inventories Employment History: Current Employer- Starside Security & Investigation, Inc. September.2015 - present Detention Officer (DO) Supervisor 4tw Government Services Sergeant for USMS, DEA, HSI, FBI, and other Federal detainees 4- Supervise Armed Detention Officers In execution of their duties Schedule Detention Officer Shifts, conduct detainee transports Prior Employer- Sutter Hospital / Universal Protection Service February 2015 —August 2015 Security Supervisor Supervised the Security guards in monitoring C-Cure 800 9000 security systems and over 80 Pelco/Axis PTZ cameras, badging and following stringent access control procedures for IT personnel and contractors, Managed access list of two facilities„ scheduled all shifts and made recommendations for access control and security initiatives. This hospital data center is the largest in Northern California and was a 2417 operation resembling a GSOC Relevant Prior Employer— US Army Command Sergeant Major 4 1 DETENTION SERVICES 0 SECURITY (ARMED/lJNARME01PA-rROL) 0 PROTECTION 0 INVEISTtGATION TRAINING L.00KSWTH BALDWIN PARK CITY JAIL SELF -INSPECTION CHECLI T 1 Custody Logs for accuracy 1 completeness•. I up to date: . Detention Logs for accuracy I completeness / up to date: I Training Requirements (up to date on STC requirements) 4. Security Checks half-hour checks are up to date and completed Jail counts accurate 6. Visiting Area(s) general cleanliness` 7. Booking area, general cleanliness and organized Posting of mandated sinag 9: First Aid Fits (properly stocked and not expired) 10. Suicide Fits 11. Breast pump (sanitized and wrapped) 4 o oNSERVICES 0 SECURTY(ARMED IUNARMED IPATROL) 0 PROTEc-nON 0 INVESTIGATION T INING 1.oCKSMrrH 12. Lice Solution 13. Kitchen Area; Food Expiration bates Cleanliness of service counter, microwave, under microwave and serving cart Cleanliness of Refrigerator, freezer and floors Check seals on Refrigerator l freezer Utensils cleaned and stored No cleaning supplies left in Kitchen Check Temperature of Freezer / Refrigerator Notes: 14. Cleanliness of Cells: Calcium buildup in sinks, toilets and showers Mold l rust in shower areas Bunk bed areas, dust and dirt buildup Cleanliness of floors Condition of Mattress I Bedframe Dust buildup on TV compartment Notes: 15. Breathing apparatus, not expired, fully charged: Notes: 16. Fire Extinguishers, not expired, fully charged: Notes: 44 �M. DE'rDMON SERVICES 0 SECURITY (ARMED tUNARMED IPATROL) 0 PROTECTION w INVESTIGATION TRAINING Lo KswTH 17. Laundry ,area: Overall cleanliness, floor dean, room organized Lint traps cleaned Washing Machine cleanliness Temperature on washing machine / weekly log of temp check Inventory of Cleaning Supplies Flair Clippers (properly marked and stored) Linens property cleaned and stared Material Safety Data Sheets (M D) for all cleaning supplies Notes: Inspected by: Cate: Corrective Action Needed: Y i N-Corrective Action Taken Y l N bate: Re -Inspected by: Date: Reviewed by: Date: 45 DETENTION SERVICES 0 SECURITY (ARMEDlUNARMED IPATROL) 0 PROTEC'nON 0 INVESTIGATION a TRAINING 9 LOCKSMITH Certified The .Tail Association has the following outline based on the Content Outline and weighted in approximately the following manner: I. MAIL OPERATIONS % II. SAFETY AND SECURITY III. PROFESSIONAL AND LEGAL CONCEPTS % .'SPECIAL POPULATION ISSUES % V. SUPPORT SERVICES ,/o I. Jail Operations (2 %) II. Safety and Security ( 0%) A. Inmate Supervision A. Use of Force B. Inmate [discipline B. Leal Issues . Inmate Grievances C. Emergency Procedures D. Intake/Release D. Inmate Classification E. Housing E. Contraband F. Investigation of Crimes F. Inmate Transportation G. Inmate Workers G. Suicide/Suicide Prevention K. Other H. Searches 1. Key/Tool Control J. Restraints K. Facility Other Ill. Professional' and Legal Concepts (20%) IV. Spacial Population Issues ( %) A. Professionalism/Ethics A. gangs B. Leadership Tools B. Juveniles C. Physical Fitness/Stress Management C. L BT B. Confidentiality D. Substance Abusers E. Inmate Rights E. Mental Illness F. Communications F. Communicable Diseases and other 1. Documentation Health -Related Issues . Interpersonal G, Disabilities and Special deeds . Conflict; Resolution H. Foreign Nationals G. Sexual Harassment/Sexual Misconduct 1. Elderly H..Administrative Investigations J. Special Housing 1, Administrative Legal Issues K. Cultural Diversity J. PREA L. Other V. Support Services (10%) A. Medical B. Food C. Commissary D. Inmate Programs E. Volunteers 47 L✓ E i ACC)RV CERTIFICATE OF LIABILITY INSURANCE DATE ""'°°"""' 04f2812O24 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. IF the certificate holder is an ADDITIONAL INSURED, the poficy(Ies) must have ADDITIONAL INSURED provisions or be endorsed. H SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsomerh. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsoment s . PRODUCER tOME: Jodie Cote Nw= Partners Insurance nsu PHONE (490) 376.0894 No jcalo@rNatuvartnersinsutance.com 1475 S Price Road: VIS AFFORDING COVERAGE RAIL s Chandler AZ 85286 NSURERA: Acceptance Casualty Insurance Company INSURED wwAms: Prime Insurance Company NSURER c : Palomar Excess and Surplus Insurance Company Smrside Security & Investtgauon Inc 1370 VaRW Vista Drive, Ste 200 Diamond Bar CA91765 NsuSERD: AcceiganceCasu Insurance Company NswamE: Atlantics 8 Insurance Company NSURERF: Hudson Excess Insurance Comparr COVERAIMPS CERTIFICATE NLIMBER- GL194Z5UZ37U REVISION MUMRER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF DISURANCE POLICY NUMBER Mr6 LnnTS rA X COMMERCL& GENERAL LIABILITY CLAIMs.MADE � OCCUR Y Y BRK0002159 00 03/02/2024 03/02/2025 EACH OCCURRENCE S 1,000,000 aF1, om� Heel s 100,0DO MED EXP n ao one Gn S N/A PERSONALdADvtNJURYII N/A GENLAGGREGATE LDWAPPUES PER: POLICY ❑ JJEECT ❑ LOC OTHER GENERALAGGREGATE S 2,000,000 PRODUCTS-COMPIOPAGG S 2,000,000 S B AUTOMOBILE LraaturY ANYAUTO OWNED X SCHEDULED AUTOS ONLY AUTOS X HIRED AUTOS ONLY X AUTOS ONLY SC24040292 04/03/2024 04/03/2025 COMBIK D S 1,000,00D SODILYUUURY(Perpmw) $ 1000.000 BooiLYtwuRY�acddees) s DAMAGE P aak $ 3XII Uninsured motorist s 1,000.000 p X AU DMSRELLAL wD ALwDOCCUR EXCEgS UAS HCLAIMSQADE I EMM0002147 00 03/02/2024 03/02/2025 EAOHOCCURRENCE S 1,000,000 AGGREGATE $ DEp I RETENTIONS $ WORKERSCOMPELSATION AND BIPWYEW!LABILITY YIN ANY PROPRMTORAIARTKER DMCUTIVE D OFFICERAIEMBER EXCLUDED? (Meraft"MI(H) 0tf a� OF OPERATIONS I,— NIA PER OTH• STATUTE E.L. EACH ACCIDENT $ E.LDISEASE-FAEMPt.OYEE S E.L. DISEASE- POLICY UMIT C F E Errors & Omissions EPLI Crime CPPLME02200040 HFP- HE-PRP-11474 MML-35268-24 03/02/2024 04/29/2024 I 04/2&2024 03/02/2025 04129/2025 04/ MC)25 Each Claim Each Claim Each Claim $1,000,000 $1.000,000 1 $2.000.000 DESCrd MM OF OPERA7ONS / LOCATWHS I VEMCLE8 (ACORD ter, AddMoml Remade Sd:edt b maybe attached n mas apace b mgWnd) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Insurance Verification THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 0198840/5 ACORD CORPORATION. A0 rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD r5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 89 06 00 B POLICY INFORMATION PAGE ENDORSEMENT Insured: Starside Security& Investigations, Inc Policy No: CPW1002294 Palley Period: 3/20/2024 to 3120/2025 Endorsement No: 1 Carrier Name: CorePointe Insurance Company Endmt Effective: 9/3/2024 Authorized Rep: The following Item(s) o Insured's Name (WC 89 06 01) o Policy Number (WC 89 06 02) ❑ Effective Data (WC 89 06 03) ❑ Expiration Date (WC 89 06 04) o Insured's Mailing Address (WC 89 06 05) o Experience Modification (WC 89 04 06) ❑ Producer's Name (WC 89 06 07) o Change in Workplace of Insured (WC 89 06 08) o Insured's Legal Status (WC 89 0610) ❑ Item 3.A. States (WC 89 0611) Is changed to read: Please be advised that a WOS for City of Baldwin Park. on ❑ Item 3.B. Limits (WC 89 0612) ❑ Item 3.C. States (WC 89 0613) ❑ Item 3.13. Endorsement Numbers (WC 89 0614) ® Item V Class, Rate, Other (WC 89 0415) ❑ Interim Adjustment of Premium (WC 89 0416) ❑ Carrier Servicing Office (WC 89 0617) ❑ Interstate/Intrastate Risk ID Number (WC 89 0618) o Carrier Number (WC 89 0619) ❑ Issuing Agency/Producer Office Address (WC 89 06 25) 1-WV 14� WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT • CALIFORNIA We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged In the work described In the Schedule. The additional premium for this endorsement shall be 5% of the California workers' compensation premium otherwise due on such remuneration. Person or Organization City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park CA 91706 Schedule Job Description NA This endorsement changes the policy to which It is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is Issued subsequent to prepamtion of the policy.) Endorsement Effective 9/3/2024 Policy No. CPW1002294 Endorsement No. 1 Insured Starside Security& Investigations, Inc Insurance Company CorePofnte Insurance Company Countersigned by WC 04 03 06 (Ed. 04-84) BUREAU OF SECURITY AND INVESTIGATIVE SERVICES LICENSING DETAILS FOR: 14224 NAME: STARSIDE SECURITY & INVSTGTN, INC. LICENSE TYPE: PRIVATE PATROL OPERATOR PRIMARY STATUS: CURRENT PREVIOUS NAMES: STARSIDE SECURITY AND INVESTIGATION,INC. ADDRESS OF RECORD 1370 VALLEY VISTA DR STE 214 DIAMOND BAR CA 91765-3911 LOS ANGELES COUNTY LICENSE RELATIONSHIPS "• • LICENSEIREGISTRATION ROLE: PRIVATE PATROL OPERATOR RELATED PARTY ROLE: PRIVATE PATROL OPERATOR BRANCH NAME: STARSIDE SECURITY & INVSTGTN, INC. LICENSEIREGISTRATION TYPE: PRIVATE PATROL OPERATOR BRANCH LICENSE NUMBER: 5786 PRIMARY STATUS: CANCELLED PPO TO PPB LICENSEIREGISTRATION ROLE: PRIVATE PATROL OPERATOR \,s,/ RELATED PARTY ROLE: PRIVATE PATROL OPERATOR BRANCH NAME: STARSIDE SECURITY & INVSTGTN, INC. LICENSEIREGISTRATION TYPE: PRIVATE PATROL OPERATOR BRANCH LICENSE NUMBER: 5723 PRIMARY STATUS: CANCELLED ADDRESS: 1930 S BREA CANYON RD STE 220 DIAMOND BAR CA 91765 LOS ANGELES COUNTY MAP ADDRESS: 6540 LUSK BL #214 SAN DIEGO CA 92121 SAN DIEGO COUNTY ''L it UCENSEIREGISTRA71ON ROLE: PRIVATE PATROL ADDRESS: OPERATOR BREA CA 92821-6728 RELATED PARTY ROLE: QUALIFIED MANAGER ORANGE COUNTY NAME: COVENTRY, ROBERT J JR VIEW MORE DETAILS =MR-illiglikil LICENSEIREGISTRATION ROLE: BUSINESS LICENSE RELATED PARTY ROLE: PRINCIPAL NAME: COVENTRY, YVONNE VIEW MORE DETAILS QUALIFYING FIREARM PERMIT LICENSEIREGISTRATION ROLE: BUSINESS OR PROFESSIONAL LICENSE RELATED PARTY ROLE: EXPOSED FIREARM PERMIT NAME: COVENTRY, ROBERT J JR LICENSEIREGISTRATION TYPE: EXPOSED FIREARM PERMIT LICENSE NUMBER: 236286 PRIMARY STATUS: CURRENT ADDRESS NOT DISCLOSED ADDRESS: BREA CA 92821-6728 ORANGE COUNTY ISSUANCE DATE NOVEMBER 21, 2000 EXPIRATION DATE NOVEMBER 30, 2024 CURRENT DATE I TIME SEPTEMBER 3, 2024 12:59:16 PM BUREAU OF SECURITY AND INVESTIGATIVE SERVICES A -Q&i I ON [010] -AfA I NAME: STARSIDE SECURITY & INVSTGTN, INC. LICENSE TYPE: PRIVATE INVESTIGATOR PRIMARY STATUS: CURRENT ADDRESS OF RECORD 1370 VALLEY VISTA DR STE 200 DIAMOND BAR CA 91765-3921 LOS ANGELES COUNTY PI TO PIB LICENSEIREGISTRATION ROLE: PRIVATE ADDRESS: INVESTIGATOR 6540 LUSK BLVD. SUITE 214 RELATED PARTY ROLE: PRIVATE INVESTIGATOR SAN DIEGO CA 92121 SAN DIEGO COUNTY BRANCH NAME: STARSIDE SECURITY & INVSTGTN, INC. MAP LICENSEIREGISTRATION TYPE: PRIVATE INVESTIGATOR BRANCH LICENSE NUMBER: 5316 PRIMARY STATUS: CANCELLED PI TO PIB LICENSEIREGISTRATION ROLE: PRIVATE ADDRESS: INVESTIGATOR 1930 S BREA CANYON RD STE 220 RELATED PARTY ROLE: PRIVATE INVESTIGATOR DIAMOND BAR CA 91766 LOS ANGELES COUNTY BRANCH MAP NAME: STARSIDE SECURITY & INVSTGTN, INC. LICENSEIREGISTRATION TYPE: PRIVATE INVESTIGATOR BRANCH LICENSE NUMBER: 6345 PRIMARY STATUS: CANCELLED PI TO QUALIFIED MANAGER LICENSEIREGISTRATION ROLE: PRIVATE ADDRESS: INVESTIGATOR BREA CA 92821-6728 RELATED PARTY ROLE: QUALIFIED MANAGER ORANGE COUNTY NAME: COVENTRY, ROBERT J JR VIEW MORE DETAILS 410*41*0i LICENSEIREGISTRATION ROLE: BUSINESS LICENSE ADDRESS NOT DISCLOSED RELATED PARTY ROLE: PRINCIPAL NAME: COVENTRY, YVONNE VIEW MORE DETAILS Iftol/ ISSUANCE DATE NOVEMBER 15,2000 EXPIRATION DATE NOVEMBER 30, 2024 CURRENT DATE I TIME SEPTEMBER2024 1. . 2 PM BUREAU OF SECURITY AND INVESTIGATIVE SERVICES LICENSING DETAILS FOR: 4684 NAME: STARSIDE SECURITY & INVESTIGATION, INC LICENSE TYPE: LOCKSMITH COMPANY PRIMARY STATUS: CURRENT PREVIOUS NAMES: STARSIDE SECURITY & INVESTIGATION, INC. ADDRESS OF RECORD 1370 VALLEY VISTA DR STE 214 DIAMOND BAR CA 91765-3911 LOS ANGELES COUNTY LICENSE RELATIONSHIPS PRESIDENT LICENSEIREGISTRATION ROLE: BUSINESS LICENSE ADDRESS NOT DISCLOSED RELATED PARTY ROLE: PRINCIPAL NAME: COVENTRY. YVONNE VIEW MORE DETAILS RESPONSIBLE PERSON TO LCO LICENSE/REGISTRATION ROLE: LOCKSMITH ADDRESS NOT DISCLOSED COMPANY OPERATOR RELATED PARTY ROLE: RESPONSIBLE PERSON NAME: COVENTRY, YVONNE VIEW MORE DETAILS L=.I ISSUANCE DATE JANUARY 12, 2009 EXPIRATION DATE JANUARY 31, 2025 CURRENT DATE I TIME SEPTEMBER 3 2024 12:59:�34 PM CITY OF BALDWIN PARK PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 1st day of October, 2024, by and between the City of Baldwin Park, a California municipal corporation ("City") and Starside Security & Investigation, Inc., a California Corporation, with its principal place of business at 1370 Valley Vista Dr. Suite 200, Diamond Bar, CA 91765 ("Starsidlw'). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Jail Facility Staffing & Support Services services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional services for the Jail Facility Staffing & Support Services project ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Jail Staffing & Support Services consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from December 1, 2024 to November 30, 2027, unless earlier terminated as provided herein. AUTOMATIC RENEWAL NOT TO EXCEED THREE CONSECUTIVE YEARS; OTHERWISE, ALWAYS DELETE: The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than Three (3) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. BB&K (2020) PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 3.2 Compensation. 3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Four Hundred and Sixteen Thousand, Two Hundred Fifty Two Dollars ($416,262.00) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges. If the City disputes any of Consultants fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.2.4 Extra Work. At any time during the term of this Agreement, City 1-40' may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.3 Responsibilities of Consultant. 3.3.1 Independent Contractor, Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultants exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the ,*we BB&K (2020) .2. PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Robert Coventry, CPP Chief Operations Officer, (COO). 3.3.5 City's Representative. The City hereby designates [***INSERT NAME AND TITLE***], or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. *"'' 3.3.6 Consultant's Representative. Consultant hereby designates Mr. Robert Coventry, CPP, Chief Operations Officer, COO, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.3.8 Standard of Care: Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultants failure to comply 14,001, BB&K (2020) -3- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 � with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.3.9 Period of Performance. 3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhlbits "A" or "B" attached hereto, or which may be separately agreed upon in writing by the City and Consultant ("Performance Milestones"). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non -performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party's performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. 3.3-9.3 Should a Force Majeure Event occur, the non -performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.3. 10 laws and Regulations: Employee/Labor Certification. 3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. �! BB&K (2020) 4- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. 3.3.10.3 Egual Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management City (SCAQMD) and/or California Air Resources Board (CARE). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, GARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement. `wv 3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant's failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy. 3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.3.11 Insurance. 3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all ,-sawi BUK (2020) -5- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 O.►' insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause. 3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, With limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross -liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employees Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant's profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims -made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement. 3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies: (A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other 14100/ BB&K (2020) -6- PROFESSIONAL SERVICES AGREEMENT 65431,00007\42447298.1 exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Professional Liability (Errors & Omissions): (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must "pay on behalf of the insured and include a provision establishing the insurer's duty to defend. (D) Workers' Compensation: (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers. \%W' 3.3.11.4 Primary and Non -Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. 3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 3.3.11.6 Deductibles and Self -Insured Retentions. Any deductible or self - insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self -insured retention. 3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall BB&K (2020) -7- PROFESSIONAL SERVICES AGREEMENT 65431,0000714244729& 1 \*40/ not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. 3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. 3.3.11.9 Enforcement of Agreement Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder. 3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. `"W" 3.3.11.11 Additional Insurance Provisions (A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. (E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of '"NW! BB&K (2020) -8- PROFESSIONAL SERVICES AGREEMENT 65431,00007\42447298.1 Iftwo/ liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consuttants indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. (F) Consultant shall report to the City, in addition to Consultants insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement. 3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consuftant's subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant's compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance' projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and N the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per them wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per them wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 ReQistration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered With the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the Project BB&K (2020) .9- PROFESSIONAL SERVICES AGREEMENT 6543 1 WOOTA2447298.1 y„i and require the same of any subconsultants. 3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsuitant. 3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.6 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6 Indemnification. 3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project BB&K (2020) -10- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 \400/ or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. 3.6.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. 3.7 General Provisions. 3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. ``", 3.7.2 Independent Contractors and Subcontracting. 3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West. Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant CSubcontractor's)") unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant's behalf are Consultant's employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders. 3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor's use of further independent contractors, subcontractors or subconsultants without the City's prior written consent. 3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the \-40� BB&K (2020) 11- PROFESSIONAL SERVICES AGREEMENT 65431.00007142447298.1 \,r respective parties may provide in writing for this purpose: Consultant: Starside Security & Investigation, Inc.1370 Valley Vista Dr., Suite 200 Diamond Bar, CA 91765 ATTN: Robert Coventry, CPP, (COO) City: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 ATTN: Captain Joshua Hendricks Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.7.4 Ownership of Materials and Confidentiality. 3.7.4.1 Documents & Data: Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 4✓ BBBK (2020) -12- PROFESSIONAL SERVICES AGREEMENT 65431.00007142447298.1 3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents_andData or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultants seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.7.4.6 Confidential Information. The City shall refrain from releasing Consultants proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release � of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non -appealable order by a court of competent jurisdiction requires that City release such information. 14MV/ BB&K (2020) -13- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298 1 `%001 3.7.5 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. 3.7.7 Attomevs' Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attomeys' fees and all costs of such action. 3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 e_ t seg. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. 3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.7.10 Citv's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.7.13 Construction: References: Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease lft,/ BB&K (2020) -14- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 I%W4 of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.7.16 No Third -Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.7.17 Invalidity: Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the `%WO/ Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BALDWIN PARK AND Starside Security & Investigation, Inc. BB&K (2020) -15- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF BALDWIN PARK STARSIDE SECURITY & INVESTIGATION, Inc. Approved By: [if Corporation, TWO SIGNATURES, President OR Vice President AND, Secretary [INSERT NAME] OR Treasurer REQUIRED] [INSERT TITLE] By: y V Its: President & CEO Attested By: Printed Name:YvonneCoventry By: 1,44AA-Z, City Clerk W its: Secretary Printed Name: Yvonne Coventry Approved as to Form: Best Best & Krieger LLP City Attorney BB&K (2020) PROFESSIONAL SERVICES AGREEMENT 654 31.GO007'A2447298.1 Iftor/ ITEM NO. 4 TO: FROM: SAID GABRIEL "" b DATE: JA+Ww SUBJECT Honorable Mayor and Members of the City Council Robert Lopez, Chief of Police November 6, 2024 Approval of Purchase of DUI Patrol Vehicle Using California Cannabis Tax Fund Grant Program Funds. SUMMARY The Baldwin Park Police Department seeks City Council approval to purchase one (1) 2024 Dodge Durango Police Pursuit AWD vehicle using funds from the California Cannabis Tax Fund Grant Program (CTFGP). This sole source purchase is exempt from bidding procedures in accordance with Baldwin Park Municipal Code (BPMC) Section 34.23(b). RECOMMENDATION It is recommended that the City Council: 1. Approve the sole source purchase of a 2024 Dodge Durango from Carville Chrysler Dodge Jeep Ram for $45,500. 2. Authorize the use of remaining grant funds for taxes, registration fees, and any ancillary vehicle purchase expenses. 3. Authorize the Chief of Police to execute all necessary documents to complete the purchase and outfitting. 4. Authorize the Director of Finance to make necessary appropriation and budget adjustments. FISCAL IMPACT There is no fiscal impact to the General Fund. The cost for the vehicle purchase is $45,500, which is within the $93,685.88 allocated in the grant for vehicle purchase and outfitting. The remaining funds will cover taxes, registration fees, and ancillary vehicle purchase expenses. The CTFGP grant funds fully cover this expenditure and have no impact on the City`s general fund. BACKGROUND On August 7, 2024, the City Council adopted Resolution No. 2024-039, accepting $282,560.00 in grant funds from the CTFGP. This grant included $93,685.88 for the purchase and outfitting of a dedicated DUI enforcement vehicle. In preparation for the purchase of the vehicle, the Department obtained three quotes for the purchase of a 2024 Dodge Durango: 1. West Covina Chrysler Dodge Jeep Ram: $61,822.75 (out of stock) 2. Carville Chrysler Dodge Jeep Ram: $48,000 (in stock) 3. Directly from Dodge: $48,725.25 (out of stock) The Department also inquired into recent, similar purchases by police departments in neighboring cities. The Department identified a recent purchase made by the Sierra Madre Police Department. On July 23, 2024, the Sierra Madre City Council approved the purchase of three (3) Dodge Durango Police Pursuit AWD vehicles from Carville Chrysler Dodge Jeep Ram in Tennessee for $45,500 per vehicle, less than the $48,000 price quoted by the same vendor to the Department. The purchase was authorized outside of Sierra Madre's usual procurement Page 1 / 2 process because the Sierra Madre Police Department was unable to find a vendor with in -stock inventory and because of the unique nature of the vehicle being purchased. The Department contacted Carville Chrysler Dodge Jeep Ram to inquire about the Sierra Madre purchase and was able to secure a quote of $45,500 for the vehicle. The Department now seeks authorization to purchase the vehicle from Carville Chrysler Dodge Jeep Ram at the lowest quoted price as a sole source purchase outside of the bidding procedures. DISCUSSION BPMC Section 34.23(b) allows for sole source purchases of equipment outside of the competitive bidding for proprietary items sold directly from the manufacturer, items that have only one distributor authorized to sell in this area or a certain product proven to be the only acceptable option. The Department contacted several vendors to obtain quotes for the purchase of the vehicle and found that local vendors were out of stock of the 2024 Dodge Durango model. Similarly, municipalities and police departments across the region have experienced the effects of unprecedented manufacturer delays and supply chain issues, making the purchase of necessary vehicles subject to long time delays. The 2024 Dodge Durango has been identified as pursuit -rated and equipped with a heavy-duty structure to endure day to day police work and high-speed driving, which helps to reduce maintenance costs and minimize liability in the event of a collision. Carville Chrysler Dodge Jeep Ram not only provided the lowest quote for the Department's desired vehicle, they are also the only vendor with the 2024 Dodge Durango model in stock. Should the Department wait for a local vendor to supply a 2024 Dodge Durango, it bears the risk of severe delays and losing the remaining CTFGP grant funds. The quoted price includes delivery and a 60-day temporary tag but excludes taxes and registration fees. This pricing structure matches the terms provided to Sierra Madre. Staff recommends this purchase due to its competitive pricing and immediate availability of the vehicle in stock. For its first year in service, the 2024 Dodge Durango will be dedicated exclusively to DUI cannabis operations, directly supporting the goals of the CTFGP. After this initial period, the vehicle can be integrated into the Department's regular patrol fleet, providing long-term value to the Department's overall operations. This approach ensures compliance with our municipal code, maximizes the impact of the grant funds, allows for prompt implementation of our DUI enforcement efforts, and plans for the future needs of our police department. The vehicle's outfitting with after -market police equipment will be handled separately in accordance with City procurement procedures and is not part of this sole source purchase. ALTERNATIVES The City Council may elect not to approve the purchase and outfitting of the DUI patrol vehicle and provide alternate directions to staff. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Vehicle purchase quotes from Carville 2. Specifications for the vehicle being purchased 3. Fleet Warranty 4. Sole source purchase supporting documentation Page 2 / 2 J&4 Qsa,,&— I GPEENEVILLE, TN MUMBIAMIX., ABOVE PRICING INCLUDES A 60 DAY TEMP TAG DELIVERY INCLUDED Payment may be made out to and overnighted to the below or paid upon pickup: Carville Chrysler Dodge Jeep Ram 300 Bachman Drive Greeneville TN 37745 Any Questions or concerns please contact: 2�aAz z4w,��� — Carl Reinhart Owner Carville Chrysler Dodge Jeep RAM (o) 423-639-4111 (d) 717-471-8108 www.CarvilleCDJR.com 300 Bachman Drive - Greeneville - TN — 37745 FAX — 423-639-2627 Phone - 423-639-4111 2 For more information visit: www.dodge.com FCA US LLC ° D U RA N G O PURSUIT AWD or call 1-800-4ADODGE 4 THIS VEHICLE IS MANUFACTURED TO MEET SPECIFIC UNITED STATES REQUIREMENTS. THIS VEHICLE IS NOT MANUFACTURED FOR SALE OR REGISTRATION OUTSIDE OF THE UNITED STATES. MANUFACTURER'S SUGGESTED RETAIL PRICE OF THIS MODEL INCLUDING DEALER PREPARATION HBase Price: $43,075 4 DODGE DURANGO PURSUIT VEHICLE AWD Exterior Color: Diamond Black Clear —Coat Exterior Paint Interior Color: Black Interior Color Interior: Cloth Front Bucket Seats with Vinyl Rear Seat Engine: 5.7L V8 HEM10 MDS VVT Engine Transmission: 8—Speed Automatic Transmission STANDARD EQUIPMENT (UNLESS REPLACED BY OPTIONAL EQUIPMENT) FUNCTIONAL/SAFETY FEATURES Blind Spot with Trailer Detection Durango Pursuit Vehicle Instrument Panel Mounted Electronic Shifter Upfitter Electronic Module (VSIM) Police ABS 4—Wheel Heavy —Duty Disc Brakes Police —Tuned Suspension Engine Hour Meter Equipment Mounting Bracket Secure Park Package Police Mini —Console Black Vinyl Floor Covering Additional Key Fobs 130—MPH Maximum Speed Calibration Auxiliary Switches Advanced Multistage Front Air Bags Supplemental Side —Curtain All —Row Air Bags Supplemental Front Seat —Mounted Side Air Bags ParkViewO Rear Back —Up Camera ParkSenseO Rear Park —Assist with Stop Blind —Spot and Cross —Path Detection 4—Wheel Traction Control Enhanced Accident —Response System Class IV Receiver —Hitch Electronic Stability Control 24.6—Gallon Fuel Tank Remote Keyless —Entry Push —Button Start 220—Amp Alternator Spot Lamp Wiring Prep INTERIOR FEATURES Uconnect0 4 with 8.4—Inch Touch Screen Display Apple CarPlayO Google Android AutOTM SiriusXMO with 3—Month Radio Sub Call 800-643-2112 Integrated Voice Command Steering —Wheel —Mounted Audio Controls 8—Way Power Driver and Manual Passenger Seats 4—Way Power Lumbar Adjustable Driver Seat A/C with 3—Zone Automatic Temperature Control Assembly Point/Port of Entry: DETROIT, MICHIGAN, U.S.A. VIN:1C4—SDJFT5RC-213753 L4-VON:5418 S.L. SHIP TO: 0610-0 Tilt / Telescope Steering —Column Tire Pressure Monitoring Display EXTERIOR FEATURES 18—Inch x 8.0—Inch Black Steel Wheels Bright Hub Caps 255/60R18 BSW On/Off Road Tires Full —Size Spare Tire with Matching Wheel Heated Exterior Mirrors Rear Window Wiper / Washer OPTIONAL EQUIPMENT (May Replace Standard Equipment) Cloth Front Bucket Seats with Vinyl Rear Seat Vinyl 2nd Row Seat Customer Preferred Package 22Z Skid —Plate Group Fuel Tank Skid —Plate Shield Transfer Case Skid —Plate Shield Front Suspension Skid —Plate Underbody Skid —Plate Deactivate Rear Doors / Windows 5.7L V8 HEM10 MDS VVT Engine 2—Speed On —Demand Transfer Case Dual Rear Exhaust with Bright Tips Entire Fleet Alike Key (FREQ 1) $150 $350 $90 $3,115 $350 Destination Charge $1,595 TOTAL PRICE: * $48,725 4 WARRANTY COVERAGE 5—year or 60,000—mile Powertrain Limited Warranty. 3—year or 36,000—mile Basic Limited Warranty. Ask Dealer for a copy of the limited warranties or see your owner's manual for details. SOLDTO: THIS LABEL IS ADDED TO THIS VEHICLE TO COMPLY WITH FEDERAL LAW. THE LABEL CANNOT BE REMOVED OR ALTERED PRIOR TO DELIVERY TO THE ULTIMATE PURCHASER. * STATE AND/OR LOCAL TAXES IF ANY, LICENSE AND TITLE FEES AND DEALER SUPPLIED AND NSTALLED OPTIONS AND ACCESSORIES ARE NOT INCLUDED IN THIS PRICE. DISCOUNT, IF ANY, IS BASED ON PRICE OF OPTIONS IF PURCHASED SEPARATELY. Fuel Economy These estimates reflect new EPA methods beginning with 2017 models. MPG 14 22 17 city highway combined city/hwy 5.9 gallons per 100 miles Standard SUV 4WD range from 11 to 100 MPGe. The best vehicle rates 140 MPGe. You spend $8,000 in fuel costs over 5 years compared to the average new vehicle. T"3 Annual fuel COSt 91"Imarorsirmens 5 � 3r550 1 10 � �o 1 N.. .-. Actual results will vary for many reasons, including driving conditions and how you drive and maintain your vehicle. The average new vehicle gets 28 MPG and cost $9,750 to fuel over 5 years. Cost estimates are based on 15,000 miles per year at $4.05 per gallon. MPGe is miles per gasoline gallon equivalent. Vehicle emissions are a significant cause of climate change and smog. fueleconomy.gov This vehicle has not been rated by the government for overall vehicle score, frontal crash, side crash, or rollover risk. PARTS CONTENT INFORMATION FOR VEHICLES IN THIS CARLINE: U.S./CANADIAN PARTS CONTENT: 69% MAJOR SOURCES OF FOREIGN PARTS CONTENT: MEXICO : 22% NOTE: PARTS CONTENT DOES NOT INCLUDE FINAL ASSEMBLY, DISTRIBUTION, OR OTHER NON —PARTS COSTS. FOR THIS VEHICLE: FINAL ASSEMBLY POINT: DETROIT, MICHIGAN, U.S.A. COUNTRY OF ORIGIN: ENGINE: MEXICO TRANSMISSION: GERMANY 1 F=111FRO-11-0—C-MON MOF=FIFQo A P R O D U CT O F F C A U S L L C Ask for Mopar Vehicle Protection for your vehicle. We Built It. We Back It. FCA Fleet Powertrain Care 5 Year / 100,000 Mile Limited Warranty Extension ($0 Deductible) through 2024 Model Year Chrysler, Dodge, Jeep and Ram vehicles (excluding vehicles equipped with diesel engines) who purchased it through FCA US LLC specifically for Fleet Government Bid/Leases and Fleet Commercial/ Lease orders only. YOUR LEGAL RIGHTS UNDER THIS LIMITED WARRANTY This warranty is the express warranty FCA US LLC ("FCA") makes for your vehicle. This warranty gives you specific legal rights. You may also have other rights that vary from state to state. For example, you may have some implied warranties, depending on the state where your vehicle was sold or is registered. These implied warranties are limited, to the extent allowed by law, to the time periods covered by this express written warranty. If you use your vehicle primarily for business or commercial purposes, then these implied warranties do not apply and FCA completely disclaims them to the extent allowed by law. And the implied warranty of fitness for a particular purpose does not apply if your vehicle is used for racing, even if the vehicle is equipped for racing. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. Incidental and Consequential Damages Not Covered Your warranty does not cover any incidental or consequential damages connected with your vehicle's failure, either while under warranty or afterward. Examples of such damages include: (a) lost time; (b) inconvenience; (c) the loss of the use of your vehicle; (d) the cost of rental vehicles, gasoline, telephone, travel, or lodging; (e) the loss of personal or commercial property; and (f) the loss of revenue. Some states don't allow incidental or consequential damages to be excluded or limited, so this exclusion may not apply to you. Persons to Whom the Limited Warranty is Offered This Limited Warranty is provided to owners of a 2016 through 2024 Model Year Chrysler, Dodge, Jeep and Ram vehicles (excluding vehicles equipped with diesel engines) who purchased it through FCA US LLC specifically for Fleet Government Bid/Leases and Fleet Commercial/ Lease orders only. What This Limited Warranty Extension Covers This Powertrain Limited Warranty is a part of your New Vehicle Limited Warranty. It extends the 5 year or 60,000-mile powertrain limited warranty on mechanical components of the vehicle to 5 years from the in service date of the vehicle or 100,000 miles on the odometer, whichever comes first. It covers the cost of all parts and labor needed to repair a powertrain component listed below that is defective in workmanship and materials Please keep this letter in your glove box along with your vehicle's other warranty information for future reference if necessary. All the other terms and conditions and the "What's Not Covered" items of your warranty remain the same as stated in your Warranty Information book. Parts Covered The Powertrain Limited Warranty covers these parts and components of your vehicle's powertrain supplied by FCA US LLC Gasoline Engine: Cylinder Block and all Internal Parts; Cylinder Head Assemblies; Timing Case, Timing Chain, Timing Belt, Gears and Sprockets; Vibration Damper; Oil Pump, Water Pump and Housing; Intake and Exhaust Manifolds; Flywheel with Starter Ring Gear; Core Plugs; Valve Covers; Oil Pan; Turbocharger Housing and Internal Parts; Turbocharger Wastegate Actuator; Supercharger; Serpentine Belt Tensioner; Seals and Gaskets for listed components only. I ransmission: i ransmission case anq all internal Harts; i orque Converter; Drive/Flex Plate; Transmission Range Switch; Speed Sensors; Pressure Sensors; Transmission Control Module; Bell Housing; Oil Pan; Seals and Gaskets for listed components only. NOTE: MANUAL TRANSMISSION CLUTCH PARTS ARE NOT COVERED AT ANY TIME. Front Wheel Drive: Transaxle Case and all Internal Parts; Axle Shaft Assemblies; Constant Velocity Joints and Boots; Differential Cover; Oil Pan; Transaxle Speed Sensors; Transaxle Solenoid Assembly; PRNDL Position Switch; Transaxle Electronic Controller; Torque Converter; Seals and Gaskets for listed components only. NOTE: MANUAL TRANSMISSION CLUTCH PARTS ARE NOT COVERED AT ANY TIME. All -Wheel Drive (AWD): Power Transfer Unit and all Internal Parts; Viscous Coupler; Axle Housing and all Internal Parts; Constant Velocity Joints and Boots; Drive Shaft and Axle Shaft Assemblies; Differential Carrier Assembly and all Internal Parts; Output Ball Bearing; Output Flange; End Cover; Overrunning Clutch; Vacuum Motor; Torque Tube; Pinion Spacer and Shim; Seals and Gaskets for listed components only. Rear Wheel Drive: Rear Axle Housing and all Internal Parts; Axle Shafts; Axle Shaft Bearings; Drive Shaft Assemblies; Drive Shaft Center Bearings; Universal Joints and Yokes; Seals and Gaskets for listed components only. Four -Wheel Drive (44): Transfer Case and all Internal Parts; transfer case control module and shift mode motor assembly Axle Housing and all Internal Parts; Axles Shafts; Axle Shaft Bearings; Drive Shafts Assemblies (Front and Rear); Drive Shaft Center Bearings; Universal Joints and Yokes; Disconnect Housing Assembly; Seals and Gaskets for the listed components only. HOW TO GET WARRANTY SERVICE Where to Take Your Vehicle In the United States (We Include U.S. Possessions and Territories as Part of the United States for Warranty Purposes): Warranty service must be done by an authorized Chrysler, Dodge, Jeep or Ram dealer. We strongly recommend that you take your vehicle to your Selling Dealer. They know you and your vehicle best, and are most concerned that you get prompt and high quality service. If you move within the United States, warranty service may be requested from any authorized Chrysler, Dodge, Jeep or Ram dealer. In Canada and Mexico: If you are traveling temporarily in Canada or Mexico, and your vehicle remains registered in the United States, your FCA US warranty still applies. Service may be requested at any authorized Chrysler, Dodge, Jeep or Ram dealership. WHAT IS NOT COVERED UNDER THIS FCA US LLC LIMITED WARRANTY Some Modifications Don't Void the Warranty But Aren't Covered Certain changes that you might make to your vehicle do not, by themselves, void this warranty Examples of some of these changes are: (a) installing non-FCA US LLC ("FCA") parts, components, or equipment (such as a non-FCA radio or speed control); and (b)using special non-FCA materials or additives. But your warranty does not cover any part that was not on your vehicle when it left the manufacturing plant or is not certified for use on your vehicle. Nor does it cover the costs of any repairs or adjustments that might be caused or needed because of the installation or use of non- FCA parts, components, equipment, materials, or additives. Performance or racing parts are considered to be non-FCA parts. Repairs or adjustments caused by their use are not covered under your warranty. Examples of the types of alterations not covered are: (a) installing accessories - except for genuine FCA / MOPAR accessories installed by an authorized Chrysler, Dodge, Jeep or Ram dealer; (b) Page 1 of 2 rev 8/23 FCA Fleet Powertrain Care 5 Year / 100,000 Mile Limited Warranty Extension ($0 Deductible) applying rustprooting or other protection products; (c) changing the vehicle's configuration or dimensions, such as converting the vehicle into a limousine or food service vehicle; or (d) using any refrigerant that FCA has not approved. Environmental Factors Not Covered Your warranty does not cover damage caused by environmental factors such as airborne fallout, bird droppings, insect damage, chemicals, tree sap, salt, ocean spray, acid rain, and road hazards. Nor does your warranty cover damage caused by hailstorms, windstorms, tornadoes, sandstorms, lightning, floods, and earthquakes. Your warranty does not cover conditions resulting from anything impacting the vehicle. This includes cracks and chips in glass, scratches and chips in painted surfaces, or damage from collision. Maintenance Costs Not Covered Your warranty does not cover the costs of repairing damage caused by poor or improper maintenance. Nor does it cover damage caused by the use of contaminated fuels, or by the use of fuels, oils, lubricants, cleaners or fluids other than those recommended in your Owner's Manual. The warranty does not cover the costs of your vehicle's normal or scheduled maintenance - the parts and services that all vehicles routinely need. Some of these parts and services, which your warranty does cover, include: (a) lubrication; (b) engine tune-ups; (c) replacing filters, coolant, spark plugs, bulbs, or fuses (unless those costs result from a covered repair); (d) cleaning and polishing; and (e) replacing worn wiper blades, worn brake pads and linings, or clutch linings. Racing Not Covered Your warranty does not cover the costs of repairing damage or conditions caused by racing, nor does it cover the repair of any defects that are found as the result of participating in a racing event. Certain Kinds of Corrosion Not Covered Your warranty does not cover the following: (a) corrosion caused by accident, damage, abuse, or vehicle alteration; (b) surface corrosion caused by such things as industrial fallout, sand, salt, hail, ocean spray, and stones; (c) corrosion caused by the extensive or abnormal transport of caustic materials like chemicals, acids, and fertilizers; and (d) corrosion of special bodies, body conversions, or equipment that was not on your vehicle when it left the manufacturing plant or was not supplied by FCA. Other Exclusions Your warranty does not cover the costs of repairing damage or conditions caused by any of the following: (a) fire or accident; (b) abuse or negligence; (c) misuse - for example, driving over curbs or overloading; (d) tampering with the emission systems, or with a part that could affect the emission systems; (e) use of used parts, even if they were originally supplied by FCA (however, authorized FCA / MOPAR remanufactured parts are covered); (f) windshield or rear window damage from external objects; (g) any changes made to your vehicle that don't comply with FCA; or (h) using any fluid that doesn't meet the minimum recommendations in your Owner's Manual. Total Loss, Salvage, Junk, or Scrap Vehicles Not Covered A vehicle has no warranty coverage of any kind if: (a) the vehicle is declared to be a total loss by an insurance company; (b) the vehicle is rebuilt after being declared to be a total loss by an insurance company; or (c) the vehicle is issued a certificate of title indicating that it is designated as "salvage," "junk," "rebuilt," "scrap," or some similar word. FCA will deny warranty coverage without notice if it learns that a vehicle is ineligible for coverage for any of these reasons. Your warranty can also be restricted by FCA. FCA may restrict the warranty on your vehicle if the vehicle is not properly maintained, or if the vehicle is abused or neglected, and the abuse or neglect interferes with the proper functioning of the vehicle. If the warranty is restricted, coverage may be denied or subject to approval by FCA before covered repairs are performed. Registration and Operation Requirements This Limited Warranty covers your vehicle only if: (a) it is registered in the U.S.; (b) it is driven mainly in the U.S. or Canada, and (c) it is operated and maintained in the manner described in your Owner's Manual. There is no Limited Warranty coverage on your Vehicle if it is sold, registered or operated, other than temporarily, by you, outside of the United States (including the 50 states, the District of Columbia, Puerto Rico, or Guam). Other Terms of These Limited Warranties Punitive, exemplary or multiple damages may not be recovered unless applicable state or local law prohibits this disclaimer. No person, including FCA US LLC employees or dealers, may modify or waive any part of this Limited Warranty. General Information It's your responsibility to properly maintain and operate your new vehicle. Follow the instructions contained in the General and Scheduled Maintenance Service guidelines in your Owner's Manual. Regular, scheduled maintenance is essential to trouble -free operation. If there is a dispute between you and FCA US concerning your maintenance of your vehicle, FCA US will require you to provide proof that your vehicle was properly maintained. Page 2 of 2 rev 8/23 i sl, WITATTARWE NIP Sunned with GamSeanner J t �o a� }` 0 W o vu Pa3 tI� � � u � C o auoyd}aawg 000 w0 ail aZE 5:-f w '"� 1s s{ z V�f aro t UA �-.R 6� ;9 C9 Lu . E v a �_ILer5 w, J ®a _ c eaa coo qua set n250> o OUJEr E oS2 nip k- Ica«?LU ad"° -mat— zcn a v z Lu Qi mE s nm 78 L, C_7 �. m ti 1 a @ Ca ro Q1 G } 0� 0 O 2 0 r. _ > w dam$' E ©'D w 22 Tm G m _ E �y E o Ln O to U _ F (a m 0 -� > &. foa 41 NO d �41 € E3 mL)H .E3t11 dA ga _ .ig Heo a..� '-�e'pwFc l-a+y a�i' .emu' c dapa: a. �. £ n4n� m muSN$YS ota�cav�wr�L�p��vp' Xo Fo 00 o cam to o O hci ¢ m !e5 . iu&t aw rCr� p 3F„ " dw va m o a $' E C, OLL W J r�^U t50 W W j? E. d �s dtNmcx.a.ox m. fn �c,�rq "� �rJ 4 _ 9 E add wU tQQpmuQ�Y yg ®_� E.�, EGca `ga}o�.<o ac' E`K NJ a. `a�p�,�mSv =p�,d4 T3411#..� ffi'�aEi up? m p�,W N 7 ;. g i�jd 5 Q •�.LLdEE p. ti b P1 .��1j} E E � V� > c`a °f � d ; m c 90. h a �:nrn�m30 t= —we4zaNcDt5 —Wpm n=aawwaa ITEM NO. 5 Honorable Mayor and Members of the City Council Enrique C. Zaldivar, Chief Executive Officer Karina Rueda, Human Resources Manager November 6, 2024 SUBJECT: Approve and Adopt Resolution No. 2024-047 Approving the Industrial Disability Retirement (IDR) for Jorge Huerta a Local Safety Member SUMMARY This report requests City Council's approval and adoption of Resolution No. 2024-047 for an Industrial Disability Retirement for Jorge Huerta, a Local Safety Member. RECOMMENDATION It is recommended that the City Council adopt and approve Resolution No. 2024-047 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, APPROVING THE INDUSTRIAL DISABILITY RETIREMENT (IDR) FOR JORGE HUERTA A LOCAL SAFETY MEMBER". FISCAL IMPACT There is no fiscal impact associated with this item. BACKGROUND An industrial disability retirement (IDR) is retirement resulting from an employee's mental or physical incapacity to perform his/her usual job duties as the result of a job -related injury or illness. For local safety employees (e.g. sworn Police Officers) enrolled in the California Public Employees' Retirement System (CalPERS), state law requires the employer to make a determination on a member's eligibility for IDR. In accordance with the California Public Employees Retirement Law (PERL), a local safety employee qualifies for an IDR if he/she 1) is determined, on the basis of competent medical opinion, to be substantially incapacitated from performing the usual and customary duties of his/her position, 2) the disability is permanent or of an extended and uncertain duration, and 3) the cause of the injury or illness is industrial, arising out of and in the course of employment. Mr. Huerta was hired as a Police Officer with the City of Baldwin Park on October 22, 2007 and was then promoted to a Police Sergeant on May 9, 2014. Mr. Huerta retired from his employment effective December 7, 2023. He submitted a request for an Industrial Disability Retirement with Ca1PERS for a specific injury worker's compensation claim, with date of injury December 17, 2020, and a cumulative trauma claim dated October 22, 2007 — December 16, 2021, where the Agreed Medical Examiners (AME's) found industrial causation. Mr. Huerta is now permanent and stationary with permanent work restrictions due to the orthopedic industrial injuries. ALTERNATIVES The alternative is to deny Mr. Huerta's Industrial Disability Retirement. LEGAL REVIEW There is no legal review required for this item. ATTACHMENTS 1. Resolution No. 2024-047 Page 1 / 1 RESOLUTION NO. 2024-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, APPROVING THE INDUSTRIAL DISABILITY RETIREMENT (IDR) FOR JORGE HUERTA A LOCAL SAFETY MEMBER WHEREAS, the City of Baldwin Park, (hereinafter, referred to as "Agency") is a contracting agency of the California Public Employees' Retirement System (CalPERS); and WHEREAS, the California Public Employees' Retirement Law requires that a contracting agency determine whether an employee of such agency, in employment in which he is classified as a local safety member, is disabled for purposes of the California Public Employees' Retirement Law and whether such disability is "industrial" within the meaning of such law; and WHEREAS, an application for industrial disability retirement of Jorge Huerta, employed by the City in the position of Police Sergeant, for orthopedic and internal industrial injuries, has been filed with CalPERS; and WHEREAS, the City has reviewed the medical and other evidence relevant to such alleged disability. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: (1) Pursuant to the authority delegated to me by action of the City Council of the City of Baldwin Park (hereinafter referred to as Agency) and pursuant to the authority under Government Code section 21173, after review of medical and other evidence relevant thereto, 1 hereby determine that Jorge Huerta, a local safety member of the California Public Employees' Retirement System (CalPERS) employed by the Agency, is incapacitated within the meaning of the California Public Employees' Retirement Law for performance of his duties in the position of Police Officer. I hereby certify under penalty of perjury that this determination was made on the basis of competent medical opinion and was not used as a substitute for the disciplinary process in accordance with Government Code section 21156(a)(2). [SIGNATURE ON NEXT PAGE] PASSED, APPROVED, and ADOPTED this 6t" day of November 2024. EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Christopher Saenz, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2024-047 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on November 6, 2024, and that the same was adopted by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: CHRISTOPHER SAENZ CITY CLERK ITEM NO. 6 LD z TO: Honorable Mayor and Members of the City Council HUB,OF rHE"FROM: Enrique C. Zaldivar, Chief Executive Officer sang �6'EL DATE: November 6, 2024 SUBJECT: Approval and Adoption of Resolution No. 2024-046 and Consideration of Amendment to Memorandum of Understanding (MOU) with Goodwill Southern California to Continue the NextGen Youth Workforce Program. _Y1111 IU /lyWA The purpose of this staff report is to consider and approve an Amendment to the Memorandum of Understanding (MOU) between the City of Baldwin Park and Goodwill Southern California (GSC) to extend the term and continue the NextGen Youth Workforce Program (NextGen) through December 31, 2026. The program is intended to provide Baldwin Park youth with paid employment opportunities, including at -risk youth. It will be implemented in coordination and in partnership with the Baldwin Park Unified School District and the Baldwin Park Business Association. It is recommended that the City Council: 1. Approve Resolution No. 2024-046 and the proposed Amendment to Memorandum of Understanding (MOU)with the GSC to extend the term through December 31, 2026; and 2. Authorize the Mayor to execute the Amendment; and 3. Authorize the CEO to make technical adjustments as may be necessary to carry out the direction of City Council. 4. Authorize the Director of Finance to carry over any remaining balance from the previous approved appropriations in the amount of $127,000 in 2022 and $1.20,000 in 2024from the ARPA fund to fund the NextGen youth workforce program in 2025 and 2026. FISCAL IMPACT There is no General Fund fiscal impact with the approval of this Amendment to MOU. Funding for the program will be provided in part by GSC as part of their Portfolio of funds. In 2022, the City Council approved appropriating $127,000 from the American Rescue Plan Act (ARPA) Community Assistance programs, to cover the cost of the program for the month of June 2022. In April 2024, the City Council approved the appropriation of an additional $1.20,000 of ARPA Funds for the program toward 2024 and partial 2025. The City and GSC now wish to extend the term of the MOU to coincide with the ARPA deadline for utilization of funds of December 31, 2026. No additional of funds is being requested at this time. BACKGROUND/DISCUSSION On May 18th, 2022, the City Council approved a one-year MOU with GSC to establish the NextGen Youth Workforce Program. On March 15, 2023, the City Council approved a second MOU for NextGen 2023 The Page 1 / 2 purpose of the program is to provide employment opportunities for local youth, including at -risk youth that offered constructive options while on summer break and also assisting employers with hiring needs. The program targeted the 14-24 age group and proved to be a success with 71 youth going through the program. GSC's year- round ongoing efforts through all their multiple funding programs have successfully on -boarded a total of over 500 applicants in the last three years. GSC proved to be instrumental in this success as it is the primary workforce services provider in the area and was able to provide pay to participating youth for 120 hours, 20 of which would be for job readiness training. In Summer 2024, nearly 70 high school students were placed within all the City Departments, with a limited number continuing to work through the program throughout the year. Staff is now working to implement the program for summer 2025 and wishes to continue the program though summer 2026 to the extent funding is available. Continuing the program requires an Amendment to the MOU, which is currently set to expire on May 1, 2025. The MOU facilitates data sharing and establish roles and responsibilities, including once again establishing the city as a job site for the program. Goals for the fourth and fifth years include the following: • Focus on high school students as a starting point. • Hold a city-wide job fair in May. • Expand employment opportunities beyond the city. • Expand efforts to reach the 18-24-year-old youths not in school. • Expand placement in all City departments. • Enlist a partnership with Kaiser Permanente. • Promote the placement of a limited number of students for year-round employment. • Incorporate the Big Brother Big Sister of LA Program into the NextGen, if feasible. GSC will continue to act as the Program Administrator and employer of record for all the youth hiring related to the NextGen Program. As the employer of record GSC will provide participating youth with their pay and provide all appropriate insurance. The City will provide its share of funding from ARPA for the years 2025 and possible into 2026, through December 31, 2026. The City will explore additional funding sources, if needed. ALTERNATIVES The City Council may decide not to amend this MOU. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Resolution No. 2024-046 2. Amendment to MOU 3. Memorandum of Understanding (MOU) Page 2 / 2 :4 :Ms] Iti'll I 1*] 0 101 0 1 1 A A A WHEREAS, the City of Baldwin Park has identified the need for employmenl- opportunities for at -risk youth that offer them constructive options; and WHEREAS, the City of Baldwin Park acknowledges the collaborative benefits of -'aartnering with GSC on continuing the NextGen Youth Workforce Program; and WHEREAS, GSC is contracted to provide workforce programs in the area and is 2ble to provide it to participating youth for 120 hours; and WHEREAS, GSC will recruit program participants, provide initial assessment of potential participants, provide job readiness training, provide supportive services such as work clothing and transportation assistance, employment referrals, overall program monitoring; and WHEREAS, the City of Baldwin Park will participate in implementing the program by assisting in outreach to youth and employers, assisting in promoting the program through the use of city resources, providing access to city faces, providing employment opportunities in various city departments and promoting program successes. NOW THEREFORE BE IT HEREBY RESOLVED, by the City Council of the City of Baldwin Park as follows: 1. That based upon the acknowledged need of an at -risk youth employment program that would benefit City of Baldwin Park residents, the City Council finds and determines that an Amendment to MOU between the City of Baldwin Park and GSC that would formalize the continuation of the NextGen Youth Workforce would assist in addressing this need. 2. That the Amendment to MOU between the City of Baldwin Park and GSC, a copy of which is attached as Attachment 1, is hereby approved. This authorization confers upon the Mayor or their designee the authority to sign the Amendment to MOU on behalf of the City and to take such other and further actions as may be necessary and proper to carry out the terms of the MOU, as amended, and the purpose of this Resolution. [SIGNATURE AND ATTESTION ON NEXT PAGE] EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF B 1, CHRISTOPHER SAENZ, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2024-046 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on November 6, 2024 and that the same was adopted by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: CHRISTOPHER SAENZ CITY CLERK AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND GOODWILL SOUTHERN CALIFORNIA This Amendment to Memorandum of Understanding ("Amendment") by and between the City of Baldwin Park ("City") and Goodwill Southern California ("GSC") is made and entered into this 6th day of November 2024. The City and GSC are sometimes referred to herein individually as "Party" and collectively as "Parties." RECITALS A. The City and GSC entered into that certain Memorandum of Understanding (the "MOU") dated April 17, 2024, whereby the City and GSC agreed to cooperate to implement the NextGen Youth Workforce Program to provide youth in general and at -risk -youth job seekers, ages 14-24, paid employment opportunities. B. The City and GSC had previously entered into a Memorandum of Understanding #1 dated May 18, 2022 to establish the program and a Memorandum of Understanding #2 dated March 15, 2023 to reestablish the program, each of which expired by their own terms. C. The current MOU is set to expire May 1, 2025. The City and GSC now desire to amend the current MOU to extend the term through December 31, 2026. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. Amendment. Section 3 of the MOU is amended to read as follows: 3. DURATION OF AGREEMENT: This MOU shall become effective April 17, 2024 and terminate December 31, 2026, unless sooner terminated pursuant to this MOU. 2. No Other Changes. Except as set forth in this Amendment, all terms, conditions and other provisions of the MOU, including all exhibits thereto, shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the 6th day of November 2024, at Baldwin Park, California. City of Baldwin Park Emmanuel J. Estrada Mayor Goodwill Southern California Patrick McClenahan President & CEO PURPOSE: The purpose of this Memorandum of Understanding (hereafter referred to as "MOU is to enter into an agreement between Goodwill Southern California (hereafter referred to "GSC") and the City of Baldwin Park, a public body, corporate and politic ("City"). GSC and t City are referrto as "Party" or "Parties". I'd 1. This MOU is entered into in a spirit of cooperation by the signatory agencies in order maximize utilization of resources in serving youth in general, and at -risk youth job seekers a employers. It is understood that the development, implementation and ultimate success GSC and the establishment of the NextGen Youth Workforce Program requires mutual tru I and teamwork between agencies working together to accomplish common goals. The intent this MOU is to establish the operational collaboration between GISC and the City. FJ 0 0 0 FUNN 1115 �l —�, 11 Ik a �61_ 3 Goodwill Southern California 342 N. San Fernando Road Los Angeles, CA 90031 -3-23-639-2-04-9- 323-539-2011 Attn: Patrick McClenahan President & CEO we 3. DURATION OF AGREEMENT: This MOU shall become effective April 17, 2024 an,#] terminate May 1, 2025. A. Modification: This MOU may be modified with the approval of both Parties, provided both Parties sign the revised MOU. A modification request must be presente in writing, 30 days prior to effective date. B. Termination: For non -mandated partnerships, either Party may terminate its participation in this MOU without cause by providing 30-day written notice by a nationally recognized overnight delivery service with delivery to, personal service at, or mail to, the addresses in Section 2. The 30 days will begin on the date of personal service, the date placed with the overnight delivery service or the date of mailing as applicable. Memorandum of Understandin 6543LO0101141037209,1 C. Extension: This MOU may be extended by written agreement between both ■r provided such agreement is signed by both Parties prior to the termination date and contains the following: (1) A statement of intent to continue the provisions of the-171011; (2) Revised effective and termination dates and (3) Dated signature of the signatory's designee. B. GSC further agrees to indemnify, defend and hold harmless the City, its directors, officers and employees and each of them, from any claim or cause of action arising out of or related to the legality or legal interpretation of this MOU, including without limitation, the City's authority to enter into this MOU. C. GSC further agrees to indemnify, defend and hold harmless the City, its directors, officers and employees and each of them, from any claim or cause of action arising out of or related to liability resulting from violation of any applicable Federal, State or local statute, ordinance, order, requirement, law or regulation that may adversely affect participants of the NextGen Youth Workforce Program, including, without limitation, any applicable labor laws and/or regulations. D. GSC further agrees to i�ndemnify, defend and hold harmless the City, its directors, officers and employees and each of them, from any claim or cause of action arising out of or related to any personal property of GSC caused by any participants of the NextGen Youth Workforce Program. Memorandum of Understandina 2 6543 1.00101\410372M I III I Ili I I I , I R E I I I I C I III I I I I 5. PARTNERSHIP PROVISIONS: Both GSC and the City have certain rights and responsibilities as outlined below: A. Scope of,Services: Both Parties agree to perform during the term of this MOU, the task, obligations, and services set forth 'in the "Scope of Services" attached to and incorporated into this MOU as Exhibit "A". B. Com,pensation, City shall pay for the services performed by GSC pursuant to the terms of this MOU at the time and manner set forth in the "Schedule of Compensation" attached to and incorporated into this MOU as Exhibit "ID", C. Dispute Resolution: All Parties shall first attemipt to resolve disputes informally., Any Party may call a meeting to discuss and resolve disputes. All dispute resolutions must be approved by GSCs Regional impact Officer — Los Angeles to be binding on GSC and Chief Executive Office of the City. If the dispute is not resolved, it shall b* referred to GSCs President & CEO who will work cooperatively with the City's executive management to resolve the issue. While informal dispute resolution is preferred, it shall not be a condition precedent to filing a lawsuit. D. Governance: GSC consists of various partners representing the various facets of the community served. Therefore, the governance of GSC requires cooperative involvement of all partners. The GSCs Executive Leadership shall endeavor to see that all contractual, fiscal and legal provisions are adhered to and that GSC remains fully operational. The City Executive Leadership shall ensure that their staff provides services outlined in Exhibit A and participate in GSC operations as outlined in the "Scope of Services". E. Pocal Activity/LobbVing Certification: GSC may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency or body or member of Congress in connection with the awarding of any federal contract, grant, loan, intended to influence legislation, administrative rulemaking or the election of candidates for public office during time compensated under the representation that such activity is being performed as a part of this MOU. A. Both GSC and the City will be committed to health and safety requirements and to providing equal access to services by persons with disabilities. BBoth GSC and the City will support each other's Mission, Vision and Values. It is understood that each organization has specific performance goals that they are striving to meet and that supporting each other through training and teamwork will result in increased achievement by all partners. C. Both GSC and the City will take an active role in promoting the services of the Nex) Gen program to be provided by GSC and the City. Each shall provide curreni, marketing materials for programs and services that indicate the nature of services Memorandum of Understanding 3 6543 1.00 101 \41037209.1 offered, cost (if any), schedule, contact information, eligibility for services and other pertinent information. A. Both GSC and the City will maintain at least $2�,000,000 aggregate General Liabili Insurance with a reputable insurance provider and each Party shall name the othe as additional insured on said policy. Both GSC and City will provide proof of insurance to the other. I HOME] I GSC and the City each agree to provide a waiver of subrogation for the other in the event of any property or liability loss or damage caused to GSC or the Cityj by thit other. ASubject to any limitation imposed on the City by law, information regarding persons served will be shared amongst the City through a variety of methods, including but not limited to case management, referrals, electronic systems (such as Skills Match, email and local area network), subject to any limitations imposed by law with regard to student records. Exhibit B further outlines the data sharing arrangement between the Parties. C. All Parties agree to adhere to legal requirements set forth by the Welfare & Institutions Code, the Rehabilitation Act, Health Insurance Portability and Accountability Act (HIPAA) and other legal statutes or requirements to ensure t e protection and privacy of persons served, as it pertains to this particular MOU. & It is the intention of the Parties to create a relationship wherein the City is a local government agency. Notwithstanding any term(s) or terminology used in this MOU reference to the City as "Partner"), nothing in this MOU shall be construed as creating the relationship of empioyer-employee or establishing any trust, partnershi�i or joint venture arrangement between GSC and the City, Nothing in this MOU shal' deprive or otherwise affect the right of either Party to conduct business activities which may be competitive with the services to be provided hereunder. B. GSC and the City shall each be responsible, respectively, for the assessment, qualifying, hiiring, management, compensation and/or termination of employment of Memorandum of Understandine 4 6543 1.00 1 01\41037209,1 their respective employees who may provide any of the services contemplated by this MOU. Nothing in this MOU is to be construed to create any co -employment of any GSC and/or the City employee by the other. 10. NON-DISCRIMINATION: Both GSC and the City agree to comply with all Federal and Statc statues that prohibit discrimination. The Parties certify that all persons employed by and customers served by the GSC, the City� or affiliates shall be treated equally without regard to race, religion, ancestry, national origin, sex, age, disability, marital status, political affiliation or beliefs. 11. CODE OF CONDUCT: Both Parties agree to uphold each other's code of conduct/ethics and maintain the highest levels of integrity when serving as a representative of their organization. 12. FACILITIES USE: It is agreed that the City will provide GSC with the use of City facilities a outlined in Exhibit A "Scope of Services". I 13. GOVERNING LAW AND VENUE: This MOU shall be governed • the laws of the State of California. The venue shall be in Los Angeles County. 14. AUTHORITY: The individuals signing below have the authority to commit the Party they represent to the terms of this MOU and its attachments and do so commit by signing. This MOU is not in effect until it is signed by representatives of both GSC and The City. Moinorandum of Understandit 5 6543 1,00 1 01\41037209,1 Telephone: (-32@±&39-2-G49 (323) 539-20114 am= Printed Rame & TitilkEMManuel J. Agency: City of Baldwin Park I Address. 14403 E Pacific Ave., Baldwin Park CA 91706 Memorandum of Understandinp, 6 6543 1,00 101 \41037209.1 Attachments: Exhibit A: Scope of Services Exhibit BData Sharing Agreement Exhibit C: Universal Release of Information For Exhibit D: Compensation I Memorandum of Understanding 7 6543 1,00101 \41037209.1 EXHIBIT A SCOPE OF SERVICES NextGen Youth Workforce Program Goodwill Southern California and the City of Baldwin Park April 17, 2024 Under this Memorandum of Understanding agreement Goodwill Southern California (GSC) and the City of Baldwin Park (City) shall agree to the following related to the NextGen Youth Workforce Program; GSC will provide the following, as appropriate: o For youth ■ Streamlined employee outreach, recruitment intake and orientation to services; • Initial assessment of skills, aptitudes, abilities and supportive services, ■ Job search and placement assistance including career counseling; • Supportive services (interview work clothing, transportation assistance, work items based on need & funding); • On -going intensive career assessment, counseling and planning. • Occupational classroom training; • Skills upgrading and retraining; • On -the -Job Training; • Job readiness training; • Soft -skills training; ® Fund required screenings for employment such as fingerprinting services, medical exams, and testing for Tuberculosis; • industry -based, customized training based on employer need with up front agreement to hire based on established conditions; ■ Employment referral and follow-up services for customers attaining empioyment for not less than 12 months after the first known day of employment. o For the City • Periodic updates to include progress on agreed to goals and data to verify progress • Agree to share information regarding youths that are participating; Agree to meet periodically to discuss program progress, potential improvements or recommendations, ■ Periodically provide program progress updates to city council; ■ Provide updates on specific cases; Participate in promoting program successes through public relations effort. o For employers • Participate in recruitment efforts; ® Provide program informational seminars; A Respond to employer inquires; ® Work site assessment; ® Execute Youth Work Site Agreements; • Assist in completing Worksite Expectation Reviews; • Assist in completing Work Performance Evaluations. The City will provide the following: • Assist with outreach and recruitment of youth; • Assist with the promotion of the program including the use of the city's website, local BPNow newspaper, city events such as Concerts in the Park and the Farmers Market, billboard advertising, city related social media platforms, bus stops, the placement of informational material in city facilities and announcements at city council meetings; ■ Provide employment opportunities in various city departments for youth participants; • Complete all requirements for hired youth including Work Performance Evaluations and Worksite Expectation Reviews; ■ Assist with the recruitment of employers, including employers in and outside the city by providing information directly to businesses, business associations, other public entities and other city partners; • Provide GSC with the use of city facilities to conduct informational seminars; • Promote program successes through public relations efforts. Memorandum of Understandinp, 8 6 5431,001 OR41037209.1 LQ11 I wrolic, I ELI M Lao r.-I ang, I I mn I Lawc. I I LOU I t.-IMIRGO I or. I III H r*�M-rmneragq- .11 Its] I I I rt Definitions: Privileged: Access due to status or association. Confidentiali Information that has a legal implication. Memorandum of Understanding 9 6543 1,00101\41037209,1 Universal Release of Information Form (To be used with all Job Seeker customers) Name: Date of Birth: Prior Name(s): Social Security M LSIMMEMM Home Phone: Cell Phone: Other Phone: I hereby authorize GSC, its staff and the City of Baldwin Park to engage in verbal, written, facsimil-9 or computerized communication of information for the express purpose of determining my eligibili for services and/or for identifying services or agencies to assist me. I Memorandum of Understanding 10 6 543 1.001 01\41037209A ............ Memorandum of Understanding 11 6543 1.0010 1 \41037209,1 ITEM NO. 7 La� TO: HUB,OF G` rHE,,� t FROM: s,ara;B'EL PREPARED BY: DATE: SUBJECT: Honorable Mayor and Members of the City Council Romany Basilyous, Acting Director of Public Works Daniel Gutierrez, Engineer Assistant November 6, 2024 Authorize the Filing of a Notice of Completion for City Project, CIP 23-004 High Efficiency Toilet and Shower Head Replacement Program SUMMARY This report seeks Council consideration for the acceptance of work completed for City Project CIP 23-004 High Efficiency Toilet & Shower Head Replacement Program. This item will close the professional services contract and authorize the filling of a Notice of Completion (NOC) with the LA County Recorder's Office. The work completed included the installation of 416 high -efficiency 0.8 gallons per flush toilets and 59 high -efficiency 1.5 gallons per minute shower heads, with the removal of old high-water consumption devices. RECOMMENDATION It is recommended that the City Council: 1. Accept the professional services completed by EcoTech Services, Inc. of Azusa, CA, and authorize the recordation of a Notice of Completion for City Project No. CIP 23-004 High Efficiency Toilet & Shower Head Replacement Program. FISCAL IMPACT There is no impact to the General Fund. Funds for the High Efficiency Toilet & Shower Replacement program will come from Fund #275 — American Rescue Plan Act (ARPA) through the community set -aside allocated portion. The following table lists the cost for the program: .........:.:..:..:..:..:..:..:..:..:..:..:..:..:...:......:..:... ARPA — Fund # 275-50-755-58100-55026 ;:• •°;:•fin $221,000.40 Total Funding $221,000.40 EcoTech Services, Inc. $131,974.41 The Home Depot, Inc. $70,313.78 Administrative Consulting $2,236.25 Public Outreach $551.25 Total Program Cost $205,075.69 Page 1 / 3 BACKGROUND In 2009 state legislation, Senate Bill X7-7, required all water suppliers increase water use efficiency. The legislation set an overall goal of reducing per capita urban water use by 20%. And in an effort toward that goal, the City has established a High Efficiency Toilet & Shower Head Replacement Program. As part of the program, the City will purchase and install up to 1,500 new high efficiency toilets and showerheads to replace older and inefficient toilets and shower heads for qualifying residents (tenants, homeowners, and landlords) interested in doing so. The City will offer the units and their installation at no cost to residents. The City partnered with local water purveyors and districts who have committed to providing fixtures and rebates for the program. On January 19, 2022, Mayor Estrada requested City Council discussion and direction on citywide toilet replacement. On February 8, 2022, a Request for Proposals (RFP) was advertised by the City of Baldwin Park, inviting proposals for the purchase and installation of high efficiency toilets and new shower heads. On Feb 28, 2022, the City received proposals from The Home Depot, Inc. of Baldwin Park, CA. and from EcoTech Services, Inc. of Azusa, CA. Staff determined that EcoTech Services was the most experienced firm for installation of the fixtures while The Home Depot, Inc. provided the best price for fixtures. On November 2022, the City received revised proposals from both EcoTech Services, Inc. and The Home Depot, Inc. accordingly. Staff determined the most effective and cost savings approach moved forward with both firms. On December 21, 2022, City Council withheld the presented item to approve the agreement with. EcoTech Services and The Home Depot, and directed staff to reach out to the water companies and cooperative with them to contribute to the program. On April 5, 2023, Council approved the professional services with EcoTech Services, Inc. and The Home Depot, Inc. The High Efficiency Toilet and Shower Head Replacement program launched in June 2023 and continued through September 2024. DISCUSSION On June 1, 2023, the City purchased 400 high -efficiency toilets from The Home Depot for an amount of $70,119, with shower heads being supplied by the Upper San Gabriel Valley Water District (USGVWD). To assist with the Public Outreach, Trippepi, Smith and Associates were brought in as a consultant. They assisted in the publication and distribution, of flyers, newsletters, online forms and announcements to City residents. Also, City staff organized additional public outreach events during the Downtown Street Market in 2023 and 2024. On September 15, 2023, the contractor, EcoTech, began the installation of toilets as applications were received and approved by the City. By September 30, 2024 EcoTech Services, Inc. installed 416 high -efficiency toilets, each using just 0.8 gallon per flush, along with 59 energy -efficient showerheads, each using 1.5 gallons per minute, significantly reducing water consumption for City residents. The water savings for one new high efficiency toilet is approximately 170,820 gallons for the life of the toilet (3 people x 3 flushes/person/day- from 6 gallons to 0.8 x 10 years) without any sacrifice in performance. There is also duel benefit to this which is a reduction of water in our sewer system. By the completion of the project and the installation of 416 toilets, the City anticipates that residents will save 71,061,120 gallons (416 x 170,820) over the coming 10 years. Page 2 / 3 In addition to toilets, the program also offered low -flow, water efficient showerhead units. Older showerheads use about 5 gallons of water per minute while newer ones can use 2.5 gallons. The installed showerhead fixture for the program is rated at 1.5 gallons per minute. The potential water savings for this unit are approximately 87,600 to 306,600 gallons (estimated at 3 people x 8-minute shower x 365 days a year x I gallon per minute savings or 3.5 gallons per minute savings x 10 years). By the completion of the project and the installation of 59 showerhead units, the City anticipates that residents will save between 5,168,400 to 18,089,400 gallons over the 10 years, raising the total average saving to 83,061,120 gallons over the coming 10 years. Staff has been actively managing the rebate applications submitted to the Metropolitan Water District, which will provide a partial return to the budget for this project. ALTERNATIVES The City Council may choose: 1. Not to accept the completed professional services performed by EcoTech Services, Inc. and not authorize the filling of a Notice of Completion for the project. This action is not recommended as it will delay the close-out of the project. 2. Provide Staff with alternate direction. 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 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. LEGAL REVIEW There is no legal review required with this item. ATTACHMENTS 1. Notice of Completion Page 3 / 3 RECORDING REQUESTED BY: CITY OF BALDWIN PARK WHEN RECORDED MAIL TO: Name CITY OF BALDWIN PARK Address 14403 E. Pacific Avenue Baldwin Park State, Zip CA, 91706 APN: NSA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. A certain work of improvement on the property hereinafter described and known as: City Project No. CIP 23-004 High Efficiency Toilet Shower Head Replacement Program for the City of Baldwin Park was ACCEPTED by City Council on November 6, 2024. 2. The FULL NAME of the OWNER is City of Baldwin Park 3. The FULL ADDRESS of the OWNER is 14403 E. Pacific Avenue, Baldwin Park, CA 91706 4. A work of improvement on the property hereinafter described was COMPLETED on September 30, 2024 5. The work of improvement completed is described as follows: High Efficiency Toilet & Shower Head Replacement Program 6. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is EcoTech Services, Inc. 7. The street address of said property is 14403 E. Pacific Avenue, Baldwin Park, CA, 91706 The undersigned, being duly sworn Engineering Official of the City of Baldwin Park, makes this verification on behalf of said entity, has read the foregoing and knows the contents thereof, and that the facts stated herein are true. Date: By: Daniel Gutierrez, Engineer Assistant City of Baldwin Park, City Hall Place of Execution I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date: Signature: Romany Basilyous, Acting Director of Public Works City of Baldwin Park, City Hall Place of Execution ITEM NO. 8 LD z TO: Honorable Mayor and Members of the City Council HUB,OF rHE"FROM: Enrique C. Zaldivar, Chief Executive Officer sang �6'EL Ron Garcia, Director of Community Development Mar c: CAM") DATE: November 6, 2024 SUBJECT: Recommendation of Approval of Additional Funding from the Measure BP Stakeholders Oversight Committee (SOC) - Shop BP Local Digital Card Program for the 2024 Holiday Season. _Y1111 IU /lyWA Supporting our local small businesses especially as they continue to fully emerge from the impacts of the pandemic, is a priority to the City Council. The SOC approved the recommendation to the City Council funding from Measure BP Funds for $130,000 for the Shop BP Local Digital Card Program known as Yiftee. The approval of funding to continue the program also requires amending the Professional Services Agreement (PSA) with Hinderliter, De Llamas and Associates, Inc. (HdL) to extend the agreement to December 31, 2026 and increase the compensation. All other provisions in the Agreement will remain in effect. It is recommended that the City Council: 1. Approve the recommendation from the SOC to provide funding from Measure BP Revenue for the Shop BP Local Digital Card Program for the amount $130,000; and 2. Authorize the Chief Executive Officer to execute a Second Amendment to the Professional Services Agreement with Hinderliter, De Llamas and Associates, Inc. (HdL) subject to any non -substantive changes made by CEO and City Attorney; and Authorize the Finance Director to appropriate $130,000 from the Measure BP Fund FISCAL IMPACT As of September 30, 2024, there is a projected balance of $6,562,064 in the Measure BP Fund, more than adequate to cover this request. There will be no fiscal impact to the general fund. Funding will be budgeted from Measure BP. The cost breakdown of the request is as follows: $100,000 for the Digital Card Program (Yiftee) $15,000 for Agreement with HdL, Inc for Administration and Marketing $15,000 Contingency Total $130,000 BACKGROUND/DISCUSSION On November 16th 2022, the City Council approved a twelve-month Professional Services Agreement (Agreement) with HdL for a not -to -exceed amount of $12,500 for the purposes of establishing a Shop Local Digital Gift Card Program. Program funding consisted of $115,000 from the American Rescue Plan Act (ARPA) to establish the program. A total $12,500 was budgeted for HdL, $2,500 to cover marketing material and $100,000 for the matching digital gift cards. Page 1 / 2 Since the approval of the program, HdL has been instrumental in working with staff to establish digital gift card program to assist small independently owned businesses recovering from COVID-19. A total of 21 Baldwin Park small businesses participated in the program, including restaurants, retailers, and personal services businesses such as barber shops. To date, more than 2,500 cards worth $207,000 have been issued. Ninety five percent of the value of the issued cards ($198,280) have been redeemed. On November 15, 2023, The City Council approved an amendment to the Professional Services Agreement (First Amendment) with Hinderliter, De Llamas and Associates, Inc. (HdL) extending the Agreement six months to close out the Shop Local Digital Gift Card Program. The Agreement, as amended, expired on or about May 16, 2024. Nonetheless, Consultant has continued to provide services to the City to ensure minimal disruption to the program. The Second Amendment will extend the term of the Agreement through December 31, 2026 and increase the compensation by $15,000 for a total not to exceed amount of $27,500. On October 8, 2024, the SOC considered a funding proposal for additional funding for the Shop BP Local Digital Cad Program for the 2024 Holiday Season. The SOC discussed the specifics of the program and heard testimony from several participating and new businesses in support of the program. The SOC members recommended that staff consider improving participation from seniors who would like to take advantage of the program. At the conclusion of the presentation, the SOC approved the recommendation to the City Council to appropriate Measure BP funds to continue the program. Program funding consists of $130,000 in additional funding for the program. A total $15,000 is budgeted for HdL to cover administration and marketing material and $100,000 for the matching digital gift cards and $15,000 for contingency. ALTERNATIVES The City Council may choose not to approve this item and direct staff with a desired alternative LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Professional Services Agreement with Hinderliter, De Llamas and Associates, Inc. (HdL), and First Amendment 2.Second Amendment to Professional Services Agreement 3. Staff Report by the CEO presented to the SOC on October 8, 2024 Page 2 / 2 DocuSign Envelope ID: 2DE161C5-BB68-4B57-AA2B-AA995820C38A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BALDWIN PARK AND HINDERLITER, DE LLAMAS AND ASSOCIATES 1. PARTIES AND DATE. This Agreement is made and entered into this 16th day of November, 2022, by and between the City of Baldwin Park, a municipal corporation, organized under the laws of the State of California ("City") and Hinderliter, De Llamas and Associates, a California corporation with its principal place of business at 120 S. State College Blvd. Suite 200, Brea CA 92821 ("Consultant'). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional economic development consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional services for the planning of and administrative support for a digital gift card program with Yiftee ("Project') as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional economic development consulting necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from November 16th, 2022 to November 16th, 2023 unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The -1- DocuSign Envelope ID: 2DE161C5-BB68-4B57-AA2B-AA995820C38A Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Barry Foster, Principal/Managing Director and Ken Duran, Senior Advisor. 3.2.5 City's Representative. The City hereby designates Ron Garcia, Community Development Director, or his designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Administrator shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Administrator, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Barry Foster, Principal/Managing Director, or his designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. -2- DocuSign Envelope ID: 2DE161C5-131368-41357-AA213-AA995820C38A 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub - consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be separately agreed upon in writing by the City and Consultant ("Performance Milestones"). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business -3- DocuSign Envelope ID: 2DE161C5-BB68-4B57-AA2B-AA995820C38A Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.3 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARE). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.4 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.2.11 Insurance. 3.2.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause. 3.2.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office 'occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross -liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. -4- DocuSign Envelope ID: 2DE161C5-BB68-4B57-AA2B-AA995820C38A (C) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. 3.2.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies: (A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers' Compensation: (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers. 3.2.11.4 Primary and Non -Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. 3.2.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 3.2.11.6 Deductibles and Self -Insured Retentions. Any deductible or self - insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they IN DocuSign Envelope ID: 2DE161C5-BB68-4B57-AA2B-AA995820C38A would have been protected had the policy or policies not contained a deductible or self -insured retention. 3.2.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. 3.2.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. 3.2.11.9 Enforcement of Agreement Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder. 3.2.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. 3.2.11.11 Additional Insurance Provisions (A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. sa DocuSign Envelope ID: 2DE161C5-BB68-4B57-AA2B-AA995820C38A (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. (E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. (F) Consultant shall report to the City, in addition to Consultant's insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement. 3.2.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant's subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant's compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant's failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed Twelve Thousand Five Hundred Dollars ($12,500.00) without written approval of 10 DocuSign Envelope ID: 2DE16lC5-BB68-4B57-AA2B-AA995820C38A the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. The City Manager will have authority to approve Extra Work within 10% of the total compensation. 3.3.2 Payment of Compensation. Consultant shall submit to City a quarterly invoice, no later than the fifteenth (15'h) calendar day of each quarter, which indicates work completed and hours of Services rendered by Consultant during the prior month. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "A" may be adjusted at the time of renewal as set forth in Exhibit "A." 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a -8- DocuSign Envelope ID: 2DE161C5-BB68-4B57-AA2B-AA995820C38A public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Aqreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. -9- DocuSign Envelope ID: 2DE161C5-BB68-4857-AA2B-AA995820C38A 3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: HdL Companies 120 S. State College Blvd. Suite 200 Brea, CA 91821 ATTN: Barry Foster, Principal/Managing Director City: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, California 91706 ATTN: Ron Garcia, Community Development Director Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property• This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & -10- DocuSign Envelope ID: 2DE161C5-BB68-4B57-AA2B-AA995820C38A Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal M DocuSign Envelope ID: 2DE161C5-BB68-4B57-AA2B-AA995820C38A action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non -appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.5 Indemnification. 3.6.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. 3.6.5.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. 3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. 3.6.7 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seg. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. -12- DocuSign Envelope ID: 2DE161C5-BB68-4B57-AA2B-AA995820C38A 3.6.8 Attorneys Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third -Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not -13- DocuSign Envelope ID: 2DE161C5-BB68-4B57-AA2B-AA995820C38A employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. -14- DocuSign Envelope ID: 2DE161C5-BB68-4B57-AA2B-AA995820C38A SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF BALDWIN PARK AND HINDERLITER, DE LLAMAS AND ASSOCIATES IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF BALDWIN PARK HINDERLITER, DE LLAMAS AND ASSOCIATES Docuu�Siignedby: By;W7 1116 20 2- By; FAV4MW M&t,V bV, Emmanuel J. Estr da n� fiWRerson Mayor President/CEO Attest: Marlen Garcia City Clerk Approved as to Form: Maio A. Martinez City V, ttorney -15- DocuSign Envelope ID: 2DE161C5-BB68-4B57-AA2B-AA995820C38A EXHIBIT "A" SCOPE OF SERVICES Hinderliter de Llamas & Associates (HdL), hereafter referred to as the 'Consultant', will work with the City of Baldwin Park, hereafter referred as the 'City', to assume the overall administrative oversight of and planning for Baldwin Park to successfully undertake a shop local digital gift card program with Yiftee including the following: • Help city staff in structuring and designing a digital gift card program with Yiftee including spending limits, design parameters, targeted business participants, etc. • Marketing assistance and working with city staff for a Shop Local Program Digital Gift Card Program with Yiftee • Overall administrative support for a shop local digital gift card program including closely working with Yiftee and the city in implementing the program. HdL has significant experience working with many cities with Digital Gift Card programs (San Leandro, Lafayette, Pinole, Oakley, Hawthorne, Canyon Lake, Hercules, plus recently starting work with South Gate, Orland, Angels Camp and Lake Forest) to utilize the Yiftee digital gift card platform (which is presently serving more than 100 California cities, plus nearly 400 more nationally in 49 of the 50 states). Compensation: The Consultant shall be compensated based on hours worked on the program utilizing the following hourly rate schedule. Staff Position Hourly Rate Principal/Managing Director $250/hour Senior Advisor $180/hour Analyst $100/hour The total not -to -exceed amount for the work shall not exceed $12,500. The Project Manager for the Consultant shall be Barry Foster-Principal/Managing Director with HdL ECONSolutions, along with staffing from Ken Duran -Sr. Advisor and Tim Campbell -Analyst with HdL ECONSolutions. AMENDMENTNUMBERI TO THE PROFESSIONAL SERVICES AGRE EMENT BETWE EN THE CITY OF BALDWIN ®AAND HINDERLITER, DE LLAMAS AND ASSOCIATES, INC. This First Amendment to the Professional Services Agreement ("First Arnendinerif') is made and entered into this November 15, 2023, by and between the City of Baldwin Park, ("City"), and Hinderliter, De Llamas and Associates, Inc. ("Consultant"), 2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated November 16, 2022, ("Agreement"), whereby Consultant agreed to assist in establishing a Shop Local Digital Gift Card Program to assist small Baldwin Park businesses recovering from COVID- 19. 3. NOW, THEREFORE, City and Consultant agree as follows: 3.1 Amendment. City and Consultant mutually desire to amend the Professional Services Agreement for the first time to extend the Agreement with Consultant for an additional six (6) months. 3.2 Continuing Effect of Agreement. Except as amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this First Agreement, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this First Amendment. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Agreement. 3.4 Counterparts. This First Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. 3.5 Corporate Authority. The persons executing this First Amendment 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 First Amendment on behalf of said party, (iii) by so executing this First Amendment, such party is formally bound to the provisions of this First Amendment and (iv) the entering into this First Amendment does not violate any provision of any other agreement to which said party is bound. IN WITNESS WHEREOF, the parties have executed this First Amendment to be executed the day and year first above written. By: Eire a ltie J. Estrada, Mayor Approved as to Form: By: Marco A. oartinez City Attorney CONSULTANT: Hinderliter, De Llamas and Associates, Inc. By: I jl�—i t- 'Richard Park, CFO SECOND AMENDMENT TO AND REINSTATEMENT OF PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BALDWIN PARK AND HINDERLITER, DE LLAMAS AND ASSOCIATES (SHOP LOCAL DIGITAL GIFT CARD PROGRAM) I 6AR IN I I Dk=_\ M OY This Second Amendment to and Reinstatement of Professional Services Agreement ("Second Amendment") is entered into as of the 6th day of November, 2024, by and between the City of Baldwin Park, a California municipal corporation, organized under the laws of the State of California ("CITY") and Hinderliter, De Llamas and Associates, Inc., a California corporation ("CONSULTANT"). CITY and CONSULTANT are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1. Agreement. The Parties entered into that certain Professional Services Agreement dated November 16, 2022, (the "Agreement") whereby Consultant agreed to provide planning of and administrative support services for a digital gift card program ("Project"). 2.2. First Amendment. The Parties entered into that certain First Amendment to the Professional Services Agreement ("First Amendment") dated November 15, 2023 extending the term for six months. 2.3. Expiration of Agreement. The Agreement expired on or about May 16, 2024. Consultant has continued to provide Services to ensure minimal disruption to the Project. 2.4. Second Amendment. City and Consultant now desire to reinstate and amend the Agreement, as amended by the First Amendment, to extend the term and increase the maximum compensation by an additional $15,000 for a total of $27,500. 2.5. Defined Terms. All terms used, but not defined herein, shall have the meaning set forth in the Agreement. 3. TERMS. NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: 3.1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. 3.2. Reinstatement. The Agreement is hereby reinstated in its entirety. 3.3. Term. Section 3.1.2 of the Agreement is amended in its entirety to read as follows: " 3.1.2. Term. The term of this Agreement shall commence on November 16, 2022 and shall terminate on December 31, 2026 unless sooner terminated as provided herein. Consultant shall complete the Services within the 65431,00111\42218013.1 65431.00103\42871337.1 4861-1293-7150.v2 Term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual written consent, extend the term of this Agreement if necessary to complete the Services. 3.4. Compensation. Section 3.3.1 of the Agreement is amended in its entirety to read as follows: " 3.3.1. Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed Twenty -Seven Thousand Five Hundred Dollars ($27,500) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. The City Manager will have authority to approve Extra Work within 1.0% of the total compensation." 3.5. Exhibits. Exhibit A is hereby deleted in its entirely and replaced with a new Exhibit "A", which is attached hereto and incorporated into the Agreement by this reference. 3.6. Continuing Effect of Agreement. Except as otherwise specifically set forth in this Second Amendment, the remaining provisions of the Agreement as amended by the First Amendment shall remain unchanged and in full force and effect. From and after the date of this Second Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by the First Amendment and this Second Amendment. 3.7. Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Second Amendment. 3.8. Counterparts. This Second Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. 3.9. Corporate Authority. The persons executing this Second Amendment on behalf of the Parties hereto warrant that (1) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Second Amendment on behalf of said Party, (iii) by so executing this Second Amendment, such Party is formally bound to the provisions of this Second Amendment and (iv) the entering into this Second Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE] 65431.00103\428713371 IN WITNESS WHEREOF, the parties have executed this Second Amendment on the day and year first above written. CITY OF BALDWIN PARK C Enrique C. Zaldivar, Chief Executive Officer ATTEST: Christopher Saenz City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP Norma Tabares, City Attorney 65431.00103\428713371 CONSULTANT: Hinderliter, De Llamas and Associates, Inc. Andrew Nickerson President/CEO EXHIBIT "A" SCOPE OF SERVICES AND COMPENSATION In November 2022, the City of Baldwin Park entered into a Professional Services Agreement with HdL Companies to administer a shop local digital gift card program. The original amount of the Agreement was $12,500. On November 15, 2023, the City and HdL Companies amended the agreement to extend the Term for 6 months. The program is entering into another phase. In order to assist the City in implementing the new phase of the program HdL is requesting a second amendment to the original Agreement to add an additional $1.5,000 in fees to HdL and extending the Term to December 31, 2026. Compensation. The Consultant shall be compensated based on hours worked on the program utilizing the following hourly rate schedule. Staff Position Hour1v Rate Principal/Managing Director $270/hour Senior Advisor $200/hour Analyst $110/hour The Amendment to the Agreement between the City of Baldwin Park and HdL will add an additional $15,000, bringing the total to $27,500 and extending the Term of the Agreement to December 31, 2026. All other terms of the original Agreement remain the same. 65431.00103\428713371 ITEM NO. SOC 1 STAFF REPORT 4 +�► ��Wz, TO: Chair and Members of the Measure BP Stakeholders HUROF Oversight Committee (SOC) SAI G48R'EL FROM: Enrique C. Zaldivar, Chief Executive Officer DATE: October 8, 2024 SUBJECT: Request for Measure BP Funding- Shop BP Local Digital Gift Card Program- Yiftee, Inc- 2024 Holiday Season — Continued from September 10, 2024 Meeting SUMMARY At the August 13, 2024 SOC meeting, Staff introduced the idea to the SOC Committee of the "Yiftee" program as a way of promoting and supporting local BP businesses, assisting them in increasing sales, which would in turn generate more sales tax revenue to the Measure BP Fund. This report presents the Request for Funding to implement a new phase of the digital gift card program (trade name is Yiftee) in time for the upcoming 2024 holiday season. RECOMMENDATION It is recommended that the SOC: 1. Approve $130,000 in Measure BP funding for the Shop BP Local Digital Card Program (Trade Name Yiftee) for 2024 Holiday Season, broken down as follows: • $100,000 for the Digital Gift Cards, inclusive of the Yiftee fees. • $1.5,000 for Administration and Marketing Agreement • $15,000 Contingency 2. Forward Recommendation of Approval to the City Council. Investment Opportunity Category: Economic Development Subcategory: Business Retention, and Development Requester: Community Development Department Dollar Amount Requested: $130,000 FISCAL IMPACT The projected fund balance of the Measure BP Fund as of August 31, 2024 is $5,467,332, more than adequate to cover this Request for Funding. BACKGROUND/DISCUSSION Capitalizing on the availability of American Rescue Plan Act (ARPA) funds following the Pandemic, the City invested $115,000 of ARPA funds in a digital gift card program (Yiftee) during the 2022 Holiday Season and well into the 2023 calendar year, as a strategy to further assist local small businesses recover from the impacts of the Covid19 pandemic. The program quickly gained traction with residents buying the digital cards, and local small businesses opting in to participate. Page 1 / 2 The basic premise of the Yiftee program is that residents would buy a digital gift card for use at a participating local small business, and the City would provide an incentive of equal or less value for free to the resident to be redeemed at the participating business, referred to as a buy -one -get -one of BOGO card. For example, a resident would buy a $100 digital gift card at a participating hair salon, with the City incentive added to it, the resident would get an additional $100 dollars for free if we are matching one for one; or an additional $50 if we are providing a 50% match. In the 2022-23 rollout a total of 19 local small business participated, with 2 additional businesses joining soon after, for a total of 21 total. Types of businesses ranged from restaurants to beauty salons. The program started out as a one -for- one match and was subsequently reduced to 50% match as the interest and uptake quickly gained momentum. To date there have been 2,505 cards issued including purchased and BOGO cards for a total value of $207,060. The total value of those cards has gone back into the City to those 21 local businesses. The proposed phase of the Yiftee Program would take advantage of the Holiday season when residents tend to increase their shopping, particularly with local small businesses. As local consumption increases so would the associated sales tax revenue which would directly benefit the Measure BP Fund. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Presentation will be made at Meeting by Hinderliter, De Llamas and Associates, HDL Inc. - Updated. Page 2 / 2 E-CONSolutions QY*Iftee Commun'I'ty E,=G*Ift Card Programs Yiftee has been doing digital gift card programs for more than 12 years. Residents purchase gift cards for $25 to $100. The cards can be redeemed at participant merchants like any other credit card • Yiftee presently has 650 active gift card programs with 18,000 participating merchants • HdL partnered with Yiftee and municipal clients to help support 15 gift card programs and currently working with 10 cities • Some SoCal clients include the cities of Canyon Lake, Lake Forest, Lemon Grove, South Gate and Upland HdLQ QBaldw*in Park G*Ift Card Program • Program launched in January 2023 with 100% BOGO match and $100,000 in funding • Customers could purchase cards for $25, $50, $75, or $100 and 11 - .:i1iiiIiIiipq • Initial funding expired in March 2023. In November, the city used the remaining $20,000 in program funds to offer a 50% match. Those funds expired in early December 2023 * Since December 2023, there has been no BOGO funding and HdLQ ECONSolutions • •..IF '• I III I 1 11 11• •' '•" '• 0 G*ift Card Program Deta*11s and Status • 21 participating merchants: • 16 are restaurants and other food businesses • Three are beauty or barber shops • The other two are general retail stores • To date, more than 2,500 cards worth $207,000 have been issued • $198,280—about 95 percent of the value of the issued cards —have been redeemed. HdLQ ECONSolubons 0 E. • Broken Horn Saddlery $2,430 • Carnitas Urapan $1,750 • Casa Guerrero $260 • Chica's Graphics & Design $100 • Crepes N Sandwiches $2,260 • El Llano Restaurant $20,790 • Hair Designs $20,480 • Haru Japanese Cuisine $4,040 • La Concinita $7,670 • Lash Boutique Supplies $10,400 • LB Cake Shop $34,340 • LBS Barbershop $270 HdLQ CILItIon 0 E. • Magic Hair Studio $29,260 • Mariscos La Tropicana $10,990 • Nissi $340 • Papa Lu's Kitchen $3,470 • Pho Van $30 • Redtop Kitchen $47,510 • Tasquisas Friangas el Pato $190 • Tokyo Express $640 • Tortas Sinaloa $580 • Whale Tea $480 HdLQ CONS l s ITEM NO. n im FROM: � ,SAT! , ABR'EL Manuel Carrillo Jr., Director of Recreation and Community Honorable Mayor and Members of the City Council �'��"ELa dArSUP� 1 SUBJECT: Enrique C. Zaldivar, Chief Executive Officer Services November 6, 2024 Recommendation for Approval of Funding from the Measure BP Stakeholders Oversight Committee (SOC) — Portable Bingo System SUMMARY The purpose of this staff report is for the City Council to consider the approval of funding from Measure BP SOC for a Portable Bingo System. RECOMMENDATION it is recommended that the City Council: 1. Approve the recommendation from the SOC for Council approval of Funding from Measure BP Revenue for a Portable Bingo System in the amount of $24,587; and 2. Authorize the Director of Recreation & Community Services to execute any necessary documents associated with the project; and 3. Authorize the Director of Finance to appropriate $24,587 from Measure BP Fund and make necessary adjustments to the budget. 4. Authorize the Chief Executive Officer to make technical corrections as necessary to carry out the intent of the City Council. FISCAL IMPACT There is no fiscal impact to the General Fund. Requested Funding will be a direct drawdown from the Measure BP Funds. The anticipated cost estimate is approximately $24,587.00, listed below is the equipment breakdown. Portable Bingo System Cost Portable Bingo Machine — 502L Power Play $13,370.00 85" Smart TV (with Cart and HDMI hardwire Celebration Hall) $11,217.00 Measure BP (REQUEST) $24,587.00 Anticipated Project Total $24,587.00 BACKGROUND At the SOC meeting held on August 13, 2024, during Public Communications, residents and members of the Bingo Board formally requested the Committee's consideration for funding a bingo system. Following the discussion, several Members requested staff research and present a cost estimate for the requested equipment at a future meeting. On October 8, 2024, the SOC unanimously approved a recommendation for City Council approval of the Request for Funding for the amount of $24,587 for a Portable Bingo System. Page 1 / 2 DISCUSSION The current bingo system is over 25 years old and has significantly outlived its expected lifespan. Securing replacement parts has become increasingly difficult, making it challenging to keep the equipment functional. The existing setup includes a table machine and a sign that displays the numbers being called, allowing players to both hear and see the numbers clearly. In response to these challenges, members of the bingo club have taken the initiative to research best practices and identify modern machines that could serve as a suitable replacement. After selecting a machine, bingo club members visited various sites to observe the equipment in use and speak directly with its users. One of the locations visited was St. John the Baptist School Bingo, where reviews of the selected machine were overwhelmingly positive. Users expressed high satisfaction with the machine's performance and provided valuable insights regarding its functionality and benefits. The Portable Bingo System features a comprehensive setup designed to enhance the bingo -playing experience. Key components include: • Touch Screen Monitor: An intuitive interface for players, making it easy to engage with the game. • Bingo Balls and Ball Camera: Essential equipment for traditional gameplay, ensuring smooth operation and visibility. • Programming Training: Comprehensive training for staff to ensure seamless integration and operation of the system. To facilitate gameplay, the proposal includes an 85" Smart TV mounted on a portable cart, providing secure storage and mobility. This large display allows players to easily view the numbers being called, significantly enhancing their experience. The cost proposal also covers the wiring for four smart TVs, which will be mounted in the Celebration Hall for future use. Additionally, the system comes with a 30-month warranty, ensuring reliability and support for the organization. In addition to upgrading the equipment, the Bingo Club is working to maintain senior activities by revamping bingo payouts and launching an outreach campaign aimed at increasing player participation. This initiative will help maintain engagement in senior -center activities and attract new participants to the Bingo Club. ALTERNATIVES None being recommended. LEGAL REVIEW This report has been reviewed by the City Attorney as to legal form and content. ATTACHMENTS 1. SOC Staff Report dated October 8, 2024 — Funding Request for Portable Bingo System Page 2 / 2 ITEM NO. SOC 2 OFF REPORT LLD TO: Chair and Members of the Measure BP Stakeholders UR F Oversight Committee (SOC) FROM: Enrique C. Zaldivar, Chief Executive Officer f,ABRIEL 4LLEY DATE: October 8, 2024 Di SUBJECT: Proposal — Request for Measure BP Funding- Portable Bingo System for Senior Center/Bingo Club SUMMARY Following the public testimony by members of the Baldwin Park Senior Center Bingo Club requesting that the SOC consider their need for funding for a new Bingo machine. SOC Board Members ask that Staff present a proposal at a subsequent meeting, the proposal is presented herein. RECOMMENDATION It is recommended that the SOC: 1. Approve $25,000 (rounded up) of Measure BP Funding for the purchase of a Portable Bingo System, with $5,000 in contingency for a total of $30,000. 2. Forward the SOC Recommendation to the City Council for final approval. Investment Opportunity Category: Senior Community Subcategory: Programming Requester: Recreation and Community Services Department Dollar Amount Being Requested: $24,587. FISCAL IMPACT As of September 30, there is a balance of 6,562,064 in the Measure BP Fund, more than adequate to cover this request. BACKGROUND/DISCUSSION Bingo playing is one of the community's staple, more engaging, and most popular activities at the Senior Center, and specifically its Bingo Club. The Bingo system currently in use is over twenty-five (25) years old, deeming it outdated, unreliable, at times in disrepair, and in need of difficult -to -find parts and accessories, causing the system to be non-functional for extended periods of time, causing frustration among the members of the Senior Center. The proposed system is based on best practices learned from the system used from the neighboring St John the Baptist Church Bingo community, with good reviews by the staff and the users. The attached Department Staff Report includes a more detailed description of the Bingo System. ALTERNATIVES None being recommended LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Staff Report from Recreation and Community Services Pagel/1 TO: Enrique C. Zaldivar, P.E., Chief Executive Officer FROM: Manuel Carrillo Jr., Director of Recreation & Community Services M1± DATE: October 8, 2024 tO1413+' ' SUBJECT: Request For Measure BP Funding for Portable Bingo System SUMMARY The current Bingo System utilized by the Bingo Club is over 25 years old and has significantly surpassed its expected lifespan. Thus, we propose the consideration of a modernized Portable Bingo System as a replacement. This updated system will enhance the overall gaming experience as well also improve operational efficiency and reliability. RECOMMENDATION It is recommended that the Measure BP Stakeholders Oversight Committee (SOC) consider the approval of the Portable Bingo System. Investment Opportunity Category: Senior Community Subcategory: Programming Requester: Recreation & Community Services Dollar Amount Requested: $24,587.00 Forward request to the SOC for consideration. FISCAL IMPACT Requested Funding will be a direct drawdown from the Measure BP Funds. As of September 10, 2024, the Fund balance was $5,835,477 which is sufficient to grant this request. The anticipated cost estimate is approximately $24,587.00, listed below is the equipment breakdown. Bingo System Cost Portable Bingo Machine — 502L Power Play $13,370.00 85" Smart TV with Cart and hardwire Celebration Hall $11,217.00 Measure BP REQUEST $24,587.00 Anticipated Project Total $24,587.00 BACKGROUND At the SOC meeting held on August 13, 2024, during Public Communications, residents and members of the Bingo Board formally requested the Committee's consideration for funding a bingo system. Following the discussion, SOC Board members requested staff to research and present a cost estimate for the requested equipment at a future meeting. DISCUSSION The current bingo system is over 25 years old and has significantly outlived its expected lifespan. Securing replacement parts has become increasingly difficult, making it challenging to keep the equipment functional. The existing setup includes a table machine and a sign that displays the numbers being called, allowing players to both hear and see the numbers clearly. In response to these challenges, members of the bingo club have taken the initiative to research best practices and identify modern machines that could serve as a suitable replacement. After selecting a machine, bingo club members visited various sites to observe the equipment in use and speak directly with its users. One of the locations visited was St. John the Baptist School Bingo, where reviews of the selected machine were overwhelmingly positive. Users expressed high satisfaction with the machine's performance and provided valuable insights regarding its functionality and benefits. The Portable Bingo System features a comprehensive setup designed to enhance the bingo -playing experience. Key components include: • Touch Screen Monitor: An intuitive interface for players, making it easy to engage with the game. • Bingo Balls and Ball Camera: Essential equipment for traditional gameplay, ensuring smooth operation and visibility. • Programming Training: Comprehensive training for staff to ensure seamless integration and operation of the system. To facilitate gameplay, the proposal includes an 85" Smart TV mounted on a portable cart, providing secure storage and mobility. This large display allows players to easily view the numbers being called, significantly enhancing their experience. Cost proposal also covers the wiring for four smart TVs, which will be mounted in the Celebration Hall for future use. Additionally, the system comes with a 30-month warranty, ensuring reliability and support for the organization. In addition to upgrading the equipment, the Bingo Club is working to maintain senior activities by revamping bingo payouts and launching an outreach campaign aimed to increase player participation. This initiative will help maintain engagement in senior center activities and attract new participants to the Bingo Club. ALTERNATIVES None being recommended. LEGAL REVIEW Not required ITEM NO. 10 -4/1 31014111� Honorable Mayor and Members of the City Council Manuel Carrillo Jr., Director of Recreation and Community Services November 6, 2024 Authorization Professional Services Agreement for Design Services with David Volz Design Landscape Architects, Inc. for a Sports Complex Conceptual Plans and Approval of Funding from Measure BP for Design Services SUMMARY The purpose of this staff report is for the City Council to authorize the Professional Services Agreement with David Volz Design (DVD) Landscape Architects, Inc. for a sports complex conceptual plans and to consider the approval of additional funding from Measure BP for the design services. RECOMMENDATION It is recommended that the City Council: Authorize a Professional Services Agreement for design services with David Volz Design Landscape Architects, Inc. for a Sports Complex Conceptual Plans; and 2. Authorize the Mayor to execute Agreement; and 3. Approve Additional Funding from Measure BP Revenue for Conceptual Plans in the amount of $6,000; and 4. Authorize the Director of Finance to appropriate Measure BP Funds to cover the cost, create account number and make necessary adjustments to the budget. FISCAL IMPACT There is no fiscal impact at this time to the General Fund. Staff originally requested an estimated cost of $80,000 from the Measure BP Fund #110 and was approved by the City Council. Staff is requesting for City Council to approve additional $6,000 of Measure BP Fund to award the Agreement in a total amount of $86,000 . Funding Source Identified Funding Measure BP (Approved 3/6/2024 by the City Council) $80,000 Additional Measure BP Request $6,000 Total Appropriation from Measure BP $86,000 BACKGROUND The development of a sports complex in the City of Baldwin Park was identified as a priority project by the City Council and Measure BP Stakeholders Oversight Committee (SOC), based on insights gathered from community engagement meetings and detailed discussions. To gather direct feedback, the SOC held three (3) community meetings where participants strongly supported a sports complex as a high -impact project, leading to its formal Page 1 / 2 inclusion in the SOC's Investment Categories. To extend their planning and design perspectives, SOC members conducted excursions to successful sports facilities in nearby cities, including Upland, Chino Hills, Glendale, South Gate, and La Puente, gathering ideas to shape a potential future sports complex. On February 13, 2024, the SOC unanimously approved recommendation for Council approval of funding $80,000 to begin architectural concept work for a potential sports complex. On March 6, 2024, the City Council approved $80,000 in Measure BP funding and directed staff to solicit bids for conceptual design services for the potential sports complex. The City has held preliminary discussions with the Baldwin Park Unified School District (BPUSD) regarding the possibility of joint development of a sports complex at any of the sites of schools that have been decommissioned. Developing a concept plan will assist in furthering discussions. DISCUSSION On August 8, 2024, the City issued a Request for Proposals (RFP) for Professional Design Services to develop conceptual plans for a potential Baldwin Park sports complex. The RFP outlined key requirements, including community engagement, project management, and conceptual designs for various acreage options. Proposals were accepted until September 12, 2024, and four (4) submissions were received. The scope of the RFP includes; development of three (3) preliminary conceptual plans for a 20-acre site, with one (1) final conceptual plan selected. Creation of three (3) preliminary conceptual plans for a 10-acre site, leading to two (2) final conceptual plans. Cost estimates for maintenance and operations, incorporating best practices for staffing, utilities, and repair protocols. Design improvements that meet or exceed accessibility standards per the Americans with Disabilities Act (ADA) guidelines. The proposals received are listed below. Firm Initial Base Bid Negotiated Bid Task 1 (Optional) Task 2 O tional David Volz Designs Landscape Architects, Inc. $120,550 $86,000 $25,600 $15,000 Infrastructure Architects $125,743 $22,000 $25,000 RHA Landscape Architects -Planners, Inc. $163,150 $39,140 $57,700 Hirsch & Associates $191,540 $74,400 $49,300 Recreation and Community Services (RCS) Department conducted a thorough review of the proposals and identified David Volz Designs Landscape Architects, Inc. (DVD) as the most qualified proposer. The initial base bid submitted by DVD was $120,550, however RCS successfully negotiated the price down to $86,000 for a cost savings of $34,500. The RFP outlined two optional tasks that are not currently included in the Agreement: Task 1, which involves creating a 3D rendering and video fly -through of the project, and Task 2, which entails producing a physical architectural model of the approved design options. ALTERNATIVES None being recommended. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Professional Service Agreement 2. RFP Page 2 / 2 CITY OF BALDWIN PARK PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 6th day of November, 2024, by and between the City of Baldwin Park, a California municipal corporation ("City") David Volz Design Landscape Architects, Inc. , a S-Corporation (California) its principal place of business at 151 Kalmus Drive, Suite M8, Costa Mesa, CA 92626 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing architectural design services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such professional services for the landscape architecture design services for Baldwin Park Sports Complex Conceptual Plans project ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional landscape architecture design services for Baldwin Park Sports Complex Conceptual Plans consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from January 13, 2025, to January 13, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. BB&K (2020) -1- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 3.2 Compensation. 3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Eighty Six Thousand dollars ($86,000) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.3 Responsibilities of Consultant. 3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the BB&K (2020) 65431.00007\42447298.1 -2- PROFESSIONAL SERVICES AGREEMENT professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Eric Sterling, President, RLA. 3.3.5 City's Representative. The City hereby designates Manuel Carrillo Jr., Director of Recreation & Community Services, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.3.6 Consultant's Representative. Consultant hereby designates Eric Sterling, President, RLA, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services BB&K (2020) -3- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.3.9 Period of Performance. 3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be separately agreed upon in writing by the City and Consultant ("Performance Milestones"). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non -performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party's performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. 3.3.9.3 Should a Force Majeure Event occur, the non -performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.3.10 Laws and Regulations; Employee/Labor Certification. 3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations BB&K (2020) -4- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. 3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management City (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement. 3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant's failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy. 3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. BB&K (2020) -5- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 3.3.11 Insurance. 3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause. 3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross -liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant's profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims -made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement. 3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies: BB&K (2020) -6- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 (A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Professional Liability (Errors & Omissions): (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must "pay on behalf of the insured and include a provision establishing the insurer's duty to defend. (D) Workers' Compensation: (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers. 3.3.11.4 Primary and Non -Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. 3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 3.3.11.6 Deductibles and Self -Insured Retentions. Any deductible or self - insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they BB&K (2020) -7- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 would have been protected had the policy or policies not contained a deductible or self -insured retention. 3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. 3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. 3.3.11.9 Enforcement of Agreement Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder. 3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. 3.3.11.11 Additional Insurance Provisions (A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. BB&K (2020) -8- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 (C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. (E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. (F) Consultant shall report to the City, in addition to Consultant's insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement. 3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant's subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant's compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to BB&K (2020) -9- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. 3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. BB&K (2020) -10- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6 Indemnification. 3.6.1 To the fullest extent permitted bylaw, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. 3.6.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. 3.7 General Provisions. 3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.7.2 Independent Contractors and Subcontracting. 3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant ("Subcontractor(s)") unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant's behalf are Consultant's employees, BB&K (2020) -11- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders. 3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor's use of further independent contractors, subcontractors or subconsultants without the City's prior written consent. 3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: David Volz Design 151 Kalmus Drive, Suite M8 Costa Mesa, CA 92626 ATTN: Eric Sterling, President, RLA City: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 ATTN: Manuel Carrillo Jr. Director of Recreation & Community Services Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.7.4 Ownership of Materials and Confidentiality. 3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant BB&K (2020) -12- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. BB&K (2020) -13- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non -appealable order by a court of competent jurisdiction requires that City release such information. 3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. 3.7.7 Attorneys' Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and all costs of such action. 3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seg. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. 3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.7.11 Successors and Assigns. successors and assigns of the parties. BB&K (2020) 65431.00007\42447298.1 -14- This Agreement shall be binding on the PROFESSIONAL SERVICES AGREEMENT 3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.7.16 No Third -Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party BB&K (2020) -15- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. BB&K (2020) 65431.00007\42447298.1 [SIGNATURES ON NEXT PAGE] -16- PROFESSIONAL SERVICES AGREEMENT SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BALDWIN PARK AND DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF BALDWIN PARK Approved By. Emmanuel J. Estrada Mayor Attested By. Christopher Saenz City Clerk Approved as to Form: Norma Tabares Best Best & Krieger LLP City Attorney BB&K (2020) 65431.00007\42447298.1 DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. By: Eric SterliAg President, RLA -17- PROFESSIONAL SERVICES AGREEMENT BB&K (2020) EXHIBIT "A" SCOPE OF SERVICES Exhibit "A"-1 PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 WORK PLAN 1.01 Initial kickoff meeting with city project staff a. Review project criteria and program objectives b. Review procedures and design schedule o. Critical /Highpriority scope 1.02 Project Design Schedule a. Provide baseline and monthly updates b. Include submittals, meetings and milestones 1.03 Data Gathering and Analysis a. Collect available data and maps b. Review site plans and documents c Review initial opportunities ° Identify opportunities and constraints ° Identify surrounding uses and connections 2.04 Project Management a. Schedule and lead bi-vveek|ycoordination and progress meetings with the City. b. Conduct and demonstrate effective quality assurance and quality control measures d. Notify the City of any out -of -scope work items and obtain City approval prior toproceeding, nn exceptions. [JELUVERABLES Project schedule Meeting agendas and summaries TASK 2-COMMUNITY ENGAGEMENT 2.01 Community Workshop #I a. Meet with the community on site orstCommunity Center ° Conduct site walk nrvirtually ° Discuss opportunities and objectives � Review limitations and challenges ° Review program opportunities Facilitate design charrette with community participants Gather initial ideas and direction b. Document input received ° Prepare summary ofinput from community • Annotate maps with community insights BAL[}VV|N PARKSPOATS COMPLEX CONCEPTUAL, CITY OF BALDVV|N PARK lb 26 WORK PLAN 2.02 Project Site &Sunxsy a. Prepare project site ° Initial vvebsite outline and site framework development ° Add project desoriptions, irnaQes, project map, timeline/schedule and initial content ° Review and approval with client ° Publish project site ° Prepare OR codes and links for distribution b. Bu||etino/Pnqectupdates ° Provide regular updates atproject milestones including meeting summaries, reports, surveys, concept plans and more � Distribution via social media and outreach � Provide for ana|ytics and reporting ofinput received 2.03 Community Workshop #2 a. Present preliminary concept plans � ProQs*rn elements review ° Idea and vision consolidation ~ Options, alternatives, and theme considerations ° Concept discussion and recommendation ° Define community consensus and collective vision b. Document input received ° Prepare summary ofinput from community ° Annotate maps with community insights 2.04 Community Workshop #3 a. Present final concept plans � Program elements review ° Concept discussion and recommendation � Define community consensus and collective vision b. Document input received ° Prepare summary ofinput from community ° Annotate maps with community insights DEUVERABLES Community outreach meeting CB Community outreach exhibits Summary QComments Story Map Website 3.01 Review input received from previous community outreach with city project team a. Identify opportunities and program for potential park facilities 3.03 Prepare preliminary conceptual studies CB a. Develop designs for park improvements b. Develop concepts and alternatives c. Refine and consolidate ideas d. Color -rendered plan view graphics e. Prepare character imagery f. Plant palette exhibit Q. Site furnishings exhibit 3.04 Opinion of probable costs for each alternative (3) 3.05 Review conceptual studies with the City project team DELIVERABLES Preliminary concept alternatives 20-acre CD Opinion nfprobable costs (3) Meeting Summary 4.01 Review input received from previous community outreach with city project team a. Identify opportunities and program for potential park facilities 4.03 Prepare preliminary concept studies CB a. Develop designs for park improvements b. Develop concepts and alternatives c Refine and consolidate ideas d. Color -rendered plan view graphics BAL[}VV|N PARK SPORTS COMPLEX CQNCEPTWAL, CITY OF BALDVV|N PARK DST I'll 27 WORK PLAN e. Prepare character imagery t Plant palette exhibit g. Site furnishings exhibit /iO4 Opinion of probable costs for each alternative (3) 4.05 Review conceptual studies with the City project team DELIVERABLES Preliminary concept alternatives 1O-amneC8 Opinion ofprobable costs (3) Meeting Summary EOl Finalize concept plan for2O-acpe park (1] a. Review schematic layouts with city staff, obtain direction Loprepare final concept plan b. Refine/revise preliminary concept plan per comments o. Program review and verification d. Confirm outside agencies requirements e. Color -rendered final plan view graphic E02 Finalize concept plan for 1O-acpepark CD a. Review schematic layouts with city staff, obtain direction 10prepare final concept plan b. Refine/revise preliminary concept plan per comments o. Program review and verification d. Confirm outside agencies requirements e. Color -rendered final plan view graphic E03 Update opinion ofprobable costs (3) 5.04 Attend and assist the City with meetings/ presentatinnoCB a. Stakeholder DversiieCommittee h. Parks and Recreation Commission b. City Council DBQVERABLES Final concept plan 20'acne (1) Final concept plan 10-acna (2) Opinion nfprobable cost (3) Presentations 8iMeetings (3) 1.01 3[}Renderings &Graphics a. File setup and |inevvork preparation, b. [)ema|op3[) model (including site topography, proposed road layout, retaining e|ennents, vva||s, earthforrns, surrounding structures, surfaces, and existing site features immediately adjacent to project area). o. Prepare preliminary perspective views d. Review preliminary views with client. e. Provide final high resolution perspective images in a|oss|ess image format 1.02 20-aoreconcept plan (1) a. 4views ofapproved concept plan 1.03 1O'aonaconcept plan Q1 a. 4views ofeach approved final concept plans DELUVERABLES 2O-aore3Drenderings (4) 2.01 3[}printed physical models ofselected final concepts m15Oscale physical model based nndigital 3[)rendered model a. 20'aore(1) b. 10-aore(2) BAL0VVIN PARKSPO["�TS COMPLEX CONCEPTUAL,CITY (JF BALDVV|N PARK NOW No 28 BB&K (2020) EXHIBIT "B" SCHEDULE OF SERVICES Exhibit "B"-1 PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 06" 0 3: T 0 2 E 2 a- 3 CD CD U) LU 7E o 'o 0 CY) 'T Ln U) 0 V) mV) m m 0 I BB&K (2020) EXHIBIT "C" COMPENSATION Exhibit "C"-1 PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 ............. ....................... ................ K1M132=K== "o,dSoPpe ArGYiterts PoA T>MzPLmv�veers Sept&Tber-1 �'� Revised September 20, 2024 Manuel Carrillo Jr. Director of Recreation and Community Services City of Baldwin Park 4100 Baldwin Park Blvd. Baldwin Park, CA 91706 RE: PROPOSAL TO PROV0E PROFESSIONAL LANDSCAPE ARCHTEC'I'URE DESIGN SERVICES FOR BALDWIN PA[ ;. SPORT'S COMPLEX CONCEPTUAL FILANS Dear Mr. Carrillo, We are looking forward to working with the City of Baldwin Park. Our team of professionals has what it takes —expertise, enthusiasm, and exceptional service —to plan, design, and see to the successful completion of your projects. Thank you for your consideration. Very truly yours, D"UP VOLWA DESIGN Eric Sterling, R.L.A. # 5463 DEMMG ,ANDS CAPES THNT Cerporate Office coadleHa Va"ey Office San Jose Office i CREATE COMMUMTY 15 1 KflF)UDrivo, Suite M8 78060 Calle Estado I I I North Matket Sirvot, Swte 300 vvvvv,,, dvol,'design comt osta Mesa, CA Q2621, la Quint,A, CA 92253, san,R)"e, C A 9'i I 131' 714,641 1300 760.S80,5165 brG,444 046 1 FEE PROPOSAL We have the knowledge and expertise to creatively take this project from start to finish, from design development through final, construction engineering and construction. Wehave provided similar services on hundreds of communities defining projects for cities throughout Southern California. We have avery creative team and our desire to be your City's design partnerwill be evidenced in our energy and enthusiasm every step nfthe way. Scope ofServices Task Project Management & Architectural Program Task Community Engagement Task Preliminary Concept Designs (20'Aore) Task Preliminary Concept Designs (10'Aore) Task Final Concept Designs Reimbursable expenses, printing, copying, postage, etc. OPTIONAL SERVICES Task 3DRenderings &Graphics Task Physical Model T8TALDESIGN $ 88,000 NONE. =I' BAL[}VV|N PARK SP[}["�TS COMPLEX CONCEPTUAL, CITY OF BALDVV|N PARK FEE PROPOSAL 1. Only services specifically noted in the scope of services are included in the fee schedule. Services such as construction survey, utility potholing, etc. are not included. 4. The following project expenses will be billed at cost plus 15% administrative fee in addition to the professional fees listed above: • Printing, copying, scanning, graphic, photography and reproduction services • Delivery, shipping and courier charges • Agency fees, permits, plan check and inspection fees 5. The reimbursable allowance will only be billed as -needed. 6. Payments are due within 30 days from invoice date. 7. The rates shown are subject to periodic increases, including January 1st of each year, in accordance with any increase in the Consumer Price Index or other equal to cost index. Principals $230/hr Director of Design $200/hr Senior Landscape Architects $175/hr Director of GIS $165/hr Landscape Architect $160/hr Plan Check $160/hr Senior Landscape Designer $155/hr Senior GIS Analyst $155/hr Landscape Designer $140/hr GIS Analyst $140/hr Project Designer/CADD Technicians I, II, III $110, 120, 130/hr GIS Technicians I, II, III $110, 120, 130/hr Administration $110/hr BALDWN PARK SPORTS COMPLEX COT4TEI. I"A AIL, CITY OF BALDWIN PARK 1"PIT No • !11111 11•1 A "•'• PROFESSIONAL DESIGN SERVICES FOR THE BALDWIN PARK SPORTS COMPLEX CONCEPTUAL PLANS M, 65431.00007\42447298.1 14403 E. Pacific Avenue Baldwin Park, CA 91706 626-960-4011 http://baidwinpark.com/ RFP FOR PROFESSIONAL DESIGN SERVICES CITY OF BALDWIN PARK REQUEST FOR PROPOSALS FOR PROFESSIONAL DESIGN SERVICES FOR THE BALDWIN PARK SPORTS COMPLEX CONCEPTUAL PLANS INSTRUCTIONS TO PROPOSERS BACKGROUND The City ofBaldwin Park (Chv^)iacentrally located inthe San Gabriel Valley approximately 2O miles east Of dOwDLOwD Los Angeles with 8 tOi8| population of approximately 75,000 residents. Baldwin Park is approximately 8.79 square miles and is surrounded by the cities of Irwindale, E| Monte, Industry, West Covina and unincorporated portions ofLos Angeles County. The park system contains four parka vvith, among other thinga, community oantena, indoor puo|, uuuio| service oenter, senior center, basketball courts, fitness zones, exercise equipment, a skate park. playgrounds, and open turf areas. GENERAL The City has prepared this Request for Proposals ("RFP') and is requesting proposals from qualified and interested architectural and engineering firms' ("Proposers") to complete conceptual plans for the future Baldwin Pork Sports Cunnp|ex, including preparing uonuuctuo| exhibita. making p[eSent@UOOS' holding CU[DrDuDitv rDeeUDgS. and seeking COrDrDuOitv iOput, upon the terms and conditions contained herein (the ^'PjeCt'').A||PnOpOSerSSh@||beprOper|y|iCenSedhJr the performance Ofthe Services inaccordance with California law. UlUSCOPE OF SERVICES; PROFESSIONAL SERVICES AGREEMENT - Th8 SCOp8 of services (°G8rViC8S") sought under this RFP are set forth in OOOFS detail in Exhibit "A' attached hereto and iOCO[pOn8hed herein by this [8f8r8DC8. Notwithstanding the inclusion Ofsuch Services inthe FlFP.the final scope OfServices negotiated between City and the successful Proposer shall be set forth in the Professional Services Agreement /^'/\gF88nO8D1"\executed by and between City and the successful F,FOpOS8r. ACOpy of the Agreement is attached hereto as Exhibit "B" and incorporated herein by this reference. UV- Certain|aboroategorieaunderthiap jeoLnoaybeaubieottopruwai|ingvvaQeaaaidentifiedinLhe State of California Labor Code commencing at sections 1720 et Seq. and 1770 Ek seq. If applicable, employees working in these categories at the site must be paid not less than the basic hourly [@LeS Ofpay and fringe benefits established by the California Department OfIndustrial Relations (^D|R^). Copies of the State of California wage schedules are available for review at vvvvvv.di[C8.gOv/d|Sr/. In addition, 8 copy of the prevailing rate of per them vv8g8S will be made 'U se shall mean individual proprietorship, partnership, Limited Liability Company, corporation orjoint venture. -2- RpPFOR PROFESSIONAL DESIGN SERVICES available at the City's office upon request. The successful Proposer shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Proposer to whom the Agreement is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Agreement, employment of apprentices, hours of labor and debarment of contractors and subcontractors. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No proposal will be accepted nor any contract entered into without proof of the Proposer's and subcontractors' current registration with the DIR to perform public work. If awarded a contract, the Proposer and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. The contract awarded pursuant to this proposal may also be subject to compliance monitoring and enforcement by the DIR. V. CITY CONTACT The principal contact for the City will be Manuel Carrillo Jr., Director of Recreation & Community Services, 626-813-5269, Mcarrillo@baldwinpark.com or a designated representative, who will coordinate the assistance to be provided by the City to the Proposer. VI. REQUESTS FOR CLARIFICATION All questions, requests for interpretations or clarifications, either administrative or technical, must be requested in writing and directed to the City Contact, identified above. All written questions, if answered, will be answered in writing, conveyed to all interested firms, and posted on the City's website. Oral statements by any person should be considered unverified information unless confirmed in writing. To ensure a response, questions must be received in writing by 2pm local time five (5) working days prior to the proposal deadline. VI1. PRE -PROPOSAL MEETING Each Proposer is requested to attend a non -mandatory pre -proposal meeting to be held on Wednesday, August 21, 2024 from 9:30am to 10:30am at Esther Snyder Community Center, 4100 Baldwin Park Blvd., Baldwin Park, CA 91706. Failure to attend this meeting will not preclude a Proposer from submitting a proposal. Attendance at the pre -proposal meeting will ensure the Proposer understands the full scope of the Services requested. VIII. PROPOSAL REQUIREMENTS Proposal responses must adhere to the requirements set forth in this section, both for content and sequence. Failure to adhere to these requirements or the inclusion of conditions, limitations or misrepresentations may be cause for rejection of the submittal. Use 8-1/2" X 11" sheets (foldouts are acceptable for charts, etc.) and font size large enough to be easily legible, but not smaller than 10 point. The original proposal and each subsequent copy must be submitted on paper, properly bound, appropriately tabbed and labeled in the following order: -3- RFP FOR PROFESSIONAL DESIGN SERVICES 65431.00007\42447298.1 A. Cover Letter. Provide a cover letter and introduction, including the name and address of the organization and individual submitting the proposal, together with the name, address, telephone and fax numbers, and e-mail address of the contact person who will be authorized to represent the organization, and an expression of the Proposer's ability and desire to meet the requirements of this RFP. The letter must be signed by an individual authorized to bind the firm contractually. B. Proposer Statement Of Qualifications. Describe the Proposer's resources, experience, and capabilities as they relate to providing conceptual designs, exhibits and community outreach. Submit in the order identified below: 1. Executive Summary. An executive summary should briefly describe the Proposer's qualifications and ability to perform the Services. 2. Qualifications and Experience. The proposal should: a. Provide a description of how the Proposer's experience, technical and professional skills will meet the goals and fulfill the general functions identified in this RFP. b. Any key staff members who would be involved in the performance of the scope of work. Provide their resumes, describe their experience, and identify their proposed role for the Project. C. State the number of years the firm has conducted business. d. Provide a description of the three (3) most relevant professional design contracts held within the last five (5) years. 3. Evidence Of California Licensing. The proposal should include appropriate documentation showing the Proposer is properly licensed in the State of California to perform the Services requested in the scope of work. 4. References. The Proposer shall provide a minimum of four (4) client references, preferably city, county, or special district governments for whom the Proposer has previously performed engineering activities of similar type and scope within the last five (5) years. 5. Subcontractors. The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor that is anticipated to perform each function, if known at this time. C. Proposed Method to Accomplish the Work. Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Project, goals of the City, and general functions required. Include a draft schedule of tasks, milestones, and deliverables that will provide for timely provision of the Project. In reviewing the scope of work, the Proposer may identify additional necessary tasks and is invited to bring these to the City's attention within the discussion of its proposed method to accomplish the Project. -4- RFP FOR PROFESSIONAL DESIGN SERVICES 65431.00007\42447298.1 D. Certification ofProposal. This section shall state: "The undersigned hereby submits its proposal and, by doing no. agrees to furnish services hothe City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP." E. Sealed Fee Proposal. Please provide lump sum, not -to -exceed fee pnupuaa| for the Project. Thefeepnopoau|ahaUbebrohenduvvnbvtaakandfurtherbnokendoxxnbvatuff, subconsultant costs, and expenses for each task. The fee proposal shall include hourly rates for all personnel. The fee proposal must be in a separately sealed envelope and properly identified as such. A. No Deviations from the RFP. |nsubmitting a proposal inresponse 0othis RFP. Proposer is certifying that it takes no exceptions tothis F|FP induding, but not limited to. the Agreement attached hereto 8SExhibit °B" |fany exceptions are taken, such exceptions must be clearly noted inthe proposal and may bereason for rejectionofthe proposal. Aesuch, Proposer is directed to carefully review the proposed Agreement and, in partiou|ar, the insurance and iOdeDlOifiCGb0D provisions therein. B. Collusion. By submitting Proposal,each Proposer represents and warrants that its Proposal is genuine and not a sham or collusive or made in the interest of or on behalf of any person not named therein; that the Proposer has not directly or indirectly induced or solicited any other person to submit a sham Proposal, or any other person to refrain from submitting a Proposal; and that the Proposer has not, in any manner, sought collusion to secure any improper advantage over any other person submitting oProposal. C. Conflicts mfInterest. Proposers shall comply with all regulations and laws dealing with conflict of interest diSC|OSUne and reporting. Proposers Sh8|| not be engaged if C0nOiCi Of interest exists. D. Withdrawal of Proposals. /\ Proposer may withdraw its prOpOS@| before the 8Xpi[8UOO Of the time for SUbO0iSSiOO of p[OpOS8|S by notifying and r8qU8SUOg the CitvS representative remove the Proposer's submission. E. Financial Health and Reputation. The City reserves the right to consider the UO8OCi8| responsibility and 0HOH[8| CODlp|8Xit« of each Proposer, as well as its reputation VVUhiO the industry to determine if the ForOpOS8[ has the apparent ability to 088t and CO0p|8t8 successfully the requirements Ofthe work. Upon request, the Proposer shall provide Gfinancial statement, audited if necessary, in addition to any other information requested by the City. F. Confidentiality of Proposal. Proposals submitted inresponse to this RFPehaU be held confidential by City and ShGU not be subject to disclosure under the California Public Records Act (C8|.Government Code section 825O9tSeq.)until after either City and the successful Proposer have completed negotiations and entered into anAgreement orCity has rejected all prOpOS8|S. All correspondence with the City including responses tOthis RFPVvi|| become the exclusive property of the City and will become public records under the California Public Records Act. The City will have no liability to the Proposer or other party as a result of any public disclosure ofany proposal orthe Agreement. |faProposer desires toexclude aportion ufits proposal from diSn|nGun8 under the California Public Records Act, the Proposer must mark it as such and state the specific provision in the California Public F(9oonds Act which provides the exemption as well aethe factual basis for claiming the exemption. For example, ifaProposer submits trade secret -5- RFPFOR PROFESSIONAL DESIGN SERVICES 65431o0007w2+47298.1 information, the Proposer must plainly mark the information as "Trade Secret" and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. If a request is made for information marked "Confidential", "Trade Secret" or "Proprietary" ("Proprietary Information"), the City will provide Proposers who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction. Proposer shall have five (5) working days after receipt of such notice to give City written notice of Proposer's objection to the City's release of Proprietary Information. Proposer shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. Proposals which indiscriminately identify all or most of the proposal as exempt from disclosure without justification may be deemed unresponsive and disqualified from further participation in this RFP. X. EVALUATION CRITERIA The proposal evaluation criteria includes: • Experience and history of performing similar services for a public agency or private property owner • Qualified personnel and other resources to meet the scope of services • Proposal cost to perform the services • Completeness, thoroughness, clarity, and neatness of proposal • References • Proposed method to accomplish the Services • Proper and current licenses and certifications During the evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from Proposers, or to allow corrections of errors or omissions. It is the City's intent to select a Proposer best evidencing demonstrated competence and professional qualification to perform the Project. The contract, if awarded, shall be to the most qualified Proposer, which submits the proposal that, in the sole judgment of City, is in the best interest of the City. Upon selection of a Proposer, the City will endeavor to negotiate a mutually agreeable agreement with the selected Proposer. In the event that the City is unable to reach agreement, the City will proceed, at its sole discretion, to negotiate with the next Proposer selected by the City. The City reserves the right to contract for services in the manner that most benefits the City including awarding more than one (1) contract if desired. After negotiating a proposed Agreement that is fair and reasonable, City staff will make the final recommendation to the City Council concerning the proposed Agreement. The City Council has the final authority to approve or reject the Agreement. RFP FOR PROFESSIONAL DESIGN SERVICES 65431.00007\42447298.1 XI. SITE CONTROL AND COMPLIANCE WITH ALL LAWS AND REGULATIONS Currently, there is no specific site designated for this Project and the services requested pursuant to this RFP shall be conceptual in nature only. A specific site for this Project shall be designated at a later time. Proposers shall familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the work; make such investigations, as it may deem necessary for performance of the Services at its proposal price within the terms of the Agreement; and correlate its observations, investigations, and determinations with the requirements of the Agreement. XII. SUBMITTAL INSTRUCTIONS The proposal must be received no later than 4pm local time, on or before Thursday, September 12, 2024 at: City of Baldwin Park Attn: Manuel Carrillo Jr. 4100 Baldwin Park Blvd. Baldwin Park, CA 91706 The envelope should clearly indicate "Proposal for (Project Name)" and Proposer's name and address shall appear in the upper left hand corner of the envelope. If more than one envelope is required, each envelope shall be legibly numbered below the name of the Proposer, e.g. Envelope 1 of 3, as required. The City will not be responsible for proposals that are delinquent, lost, incorrectly marked, sent to an address other than that given herein, or sent by mail or courier service and not signed for by the City. Proposals received after this date will be returned to the Proposers unopened. Faxed or electronically submitted proposals will not be accepted. XIII. PROTESTS A. Protest Contents. Protests based on the content of the RFP shall be submitted to the City no later than ten (10) calendar days prior to the scheduled proposal submittal deadline. If necessary, the proposal submittal deadline may be extended pending a resolution of the protest. Proposer may protest a contract award if the Proposer believes that the award was inconsistent with City policy or this RFP is not in compliance with law. A protest must be filed in writing with the City (email is not acceptable) within five (5) business days after receipt of notification of the intended contract award. Any protest submitted after 5 p.m. of the fifth business day after notification of the intended contract award will be rejected by the City as invalid and the Proposer's failure to timely file a protest will waive the Proposer's right to protest the contract award. The Proposer's protest must include supporting documentation, legal authorities in support of the grounds for the protest and the name, address and telephone number of the person representing the Proposer for purposes of the protest. Any matters not set forth in the protest shall be deemed waived. B. City Review. The City will review and evaluate the basis of the protest provided the protest is filed in strict conformity with the foregoing. The City shall provide the Proposer _7_ RFP FOR PROFESSIONAL DESIGN SERVICES 65431.00007\42447298.1 submitting the protest with a written statement concurring with or denying the protest. Action by the City relative to the protest will be final and not subject to appeal or reconsideration. The procedure and time limits set forth in this section are mandatory and are the Proposer's sole and exclusive remedy in the event of protest. Failure to comply with these procedures will constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings. XIV. ADDENDA The City reserves the right to revise the RFP prior to the time set to receive proposals. Revisions, if any, shall be made by written addenda. All addenda issued by the City shall be included in the proposal and made part of the RFP. Each Proposer shall leave with City its name, address, phone and fax numbers, and e-mail address for the purpose of receiving Addenda. City will cause copies of addenda to be mailed, faxed, delivered or e-mailed to such names at such addresses. Proposers are responsible for ensuring that they have received any and all addenda. Each Proposer should contact the City to verify that it has received all addenda issued, if any, prior to the bid opening. Failure to acknowledge receipt of all addenda may result in bid rejection. XV. GENERAL CONDITIONS A. Amendments to Proposals. Unless specifically requested by the City, no amendment, addendum or modification will be accepted after a proposal has been submitted to City. If a change to a proposal that has been submitted is desired, the submitted proposal must be withdrawn and the replacement proposal submitted prior to the deadline stated herein for receiving proposals. B. Non -Responsive Proposals. A proposal may be considered non -responsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the proposal. C. Costs for Preparing. The City will not compensate any Proposer for the cost of preparing any proposal, and all materials submitted with a proposal shall become the property of the City. The City will retain all proposals submitted and may use any idea in a proposal regardless of whether that proposal is selected. D. Cancellation. City reserves the right to cancel this request for proposals at any time prior to contract award without obligation in any manner for proposal preparation, interview, fee negotiation or other associated marketing costs. E. Price Validity. Prices provided by Proposers are valid for 90 days from the proposal due date. The City intends to award the contract within this time but may request an extension from the Proposers to hold pricing, until negotiations are complete and the contract is awarded. F. No Commitment to Award. Issuance of request for proposals and receipt of proposals does not commit the City to award a contract. City expressly reserves the right to postpone the proposal for its own convenience, to accept or reject any or all proposals received, to negotiate with more than one Proposer concurrently, or to cancel all or part of this request for proposals. RFP FOR PROFESSIONAL DESIGN SERVICES 65431.00007\42447298.1 G. Right to Negotiate and/or Reject Proposals. City reserves the right to negotiate any price or provision, task order or service, accept any part or all of any proposals, waive any irregularities, and to reject any and all, or parts of any and all proposals, whenever, in the sole opinion of City, such action shall serve its best interests and those of the tax -paying public. The Agreement, if any is awarded, will go to the Proposer whose proposal best meets City's requirements. END INSTRUCTIONS TO PROPOSERS RFP FOR PROFESSIONAL DESIGN SERVICES 65431.00007\42447298.1 EXHIBIT "A" SCOPE OF SERVICES The City of Baldwin Park requires the services of a professional architectural consultant firm for programming, planning and conceptual design for the aforementioned project areas under Section I. The professional architecture consultant firm shall prepare conceptual exhibits, make presentations, hold community meetings, and seek community input. The proposal shall identify tasks to be included as part of the project. At a minimum, these tasks shall include: A. Architectural Programming (AP) The consultant shall meet with the City staff (Recreation & Community Services and Public Works departments) for Architectural Programming (AP) part of the project prior to the beginning of work to discuss background, scope, objectives, and other pertinent details of the project. The consultant shall attend periodic meetings with the Stakeholders Oversite Committee (SOC), City Council, and other entities as well as staff at various stages of the project as needed. The consultant shall also complete the following: a. Discuss the project footprints with City staff. b. Review and evaluate options for site elements. B. Conceptual Designs 1. The consultant shall provide up to three (3) 15% preliminary 20-acre conceptual plan alternatives and up three (3) 15% 10-acre preliminary conceptual plan alternatives for selection prior to proceeding with 30%, 65%, 90% and final submittals. Submittals after the 15% preliminary conceptual plans will only be required for the selected alternatives. The design shall be based on input from the SOC, residents and stakeholders as well as City staff. All conceptual plans shall be dimensioned and shall be 24"x36". 2. The consultant shall provide one (1) final 20-acre conceptual plan of the sports complex. The design shall be based on input from the SOC, residents and stakeholders as well as City staff. Submittals shall include 30%, 65%, 90%, 100% and final submittals of all conceptual plans for the selected 20-acre alternative. 3. The consultant shall provide two (2) final 10-acre alternative conceptual plans of the sports complex. The alternative designs shall be based on community input from residents and stakeholders as well as City staff. Submittals shall include 30%, 65%, 90%, 100% and final submittals of all BB&K (2020) 65431.00007\42447298.1 -10- PROFESSIONAL SERVICES AGREEMENT conceptual plans for the selected 10-acre alternatives. All conceptual plans shall be dimensioned and shall be 24"x36". 4. The conceptual plans shall include the recreational amenities planned for the site including the location and configuration of all site elements. Conceptual plan submittals shall include colored site plans and facility elevations. 5. Preparation of construction and maintenance & operations (M&O) cost estimates for each alternative conceptual layout design. M&O cost shall include best practices for staffing, utility costs, repairs, etc. 6. Design all improvements fully accessible per American with Disabilities (A.D.A.) guidelines. 7. Optional Task 1: Provide a minimum of four (4) 3D renderings of the approved conceptual design for the one (1) 20-acre alternative and four (4) 3D renderings of the approved conceptual designs for each of the two (2) 10- acre alternatives. The 3D renderings shall also include a video fly -through animation of the sports complex. 8. Optional Task 2: One (1) physical architectural model of the one (1) 20-acre alternative and one (1) physical architectural model for each of the two (2) 10- acre alternatives selected by the City. C. City Council Presentations and Public Engagement Meetings 1. Attend at a minimum the following meetings: Three (3) community engagement meetings to receive public input regarding the conceptual designs for the sports complex; and up to three (3) City Council/SOC board presentations to provide input and updates on the project. Presentations may be either in -person and/or virtual to the public. The format shall be at the discretion of City staff. The task includes materials, visual and models to communicate the ideas of the architectural designs. 2. Bi-weekly project delivery team (PDT) meetings as -needed with the appropriate staff and stakeholders. Bi-weekly meetings may be held virtually or in person as needed, and at the discretion of the City. 3. The consultant will keep an open dialogue with staff and work closely with the Project Team to ensure the conceptual plans reflect the vision and priorities of the City of Baldwin Park. The consultant will be responsible for the development of all graphics, maps, hand-outs, and other materials necessary for successful meetings, workshops, presentations, study sessions, etc. 4. The consultant shall include a public survey as part of the community outreach. The consultant shall collaborate with City staff to determine the appropriate format and approach for conducting the public survey. BB&K (2020) 65431.00007\42447298.1 -11- PROFESSIONAL SERVICES AGREEMENT The proposals shall identify the following project tasks/elements: Baldwin Park Sports Complex The location of the future sports complex has not yet been selected; however, the architecture/engineering consultant firm will develop conceptual plans for two (2) 10- acre and one (1) 20-acre alternatives. Conceptual plans shall include the following project tasks/elements: 1. Depict facilities for baseball, soccer, softball, football, basketball, pickleball, volleyball, martial arts, cheer, etc. (both indoor and outdoor facilities) 2. Restroom facilities. 3. May include indoor/outdoor amenities or other City facilities. 4. Sustainable best management practices (BMP's) such as bioswales and other storm water capture improvements. 5. Permeable pavement solutions. 6. Solar LED Pedestrian Lighting. 7. Shaded seating and picnic areas. 8. Green infrastructure, consistent with the City's General Health Plan and Sustainability Element. 9. Shade trees and drought tolerant native planting with smart water irrigation system 10. Low impact recreation amenities such as picnic tables, playgrounds, benches, wind sails and/or sunshades, public art, and banners. 11. Large architectural entry gate sign/monument. 12. Perimeter fencing. 13. Cloud -based surveillance systems compatible with the existing City's Verkada Surveillance Network. Deliverables • The Consultant shall provide a schedule identifying milestones for the major tasks in the design of the project, beginning with the Notice to Proceed. The City is seeking a quick time frame for completion of the conceptual plans. • Provide all graphics, maps, surveys, hand-outs, and other materials necessary for successful meetings, workshops, presentations, study sessions, etc. • Provide report summarizing the results of the public engagement meetings with community, stakeholders, and City Council • Provide three (3) 15% preliminary 20-acre conceptual plan alternatives and up three (3) 15% 10-acre preliminary conceptual plan alternatives. Conceptual plans shall incorporate elements from community feedback. • Provide conceptual plans for the selected alternatives which include one (1) 20- acre alternative and two (2) 10-acre alternatives of the sports complex. The conceptual plans shall incorporate elements from community feedback. BB&K (2020) 65431.00007\42447298.1 -12- PROFESSIONAL SERVICES AGREEMENT Deliverables shall include 30%, 65%, 90%, 100%, and final submittals of the conceptual plans. Optional Deliverable 1: Provide a minimum of four (4) 3D renderings of the approved conceptual design for the 20-acre alternative and (4) 3D renderings of the approved conceptual designs for each of the 10-acre alternatives. Shall also include a video fly -through animation of the sports complex. Optional Deliverable 2: One (1) physical architectural model of the one (1) 20- acre alternative and two (2) physical architectural models of the 10-acre alternatives selected by the City. Construction and maintenance & operations (M&O) cost estimates for the 20- acre alternative and for each of the 10-acre alternatives. BB&K (2020) 65431.00007\42447298.1 -13- PROFESSIONAL SERVICES AGREEMENT ill V1 3 CITY OF BALDWIN PARK PROFESSIONAL SERVICES AGREEMENT PARTIES AND DATE. This Agreement is made and entered into this day of___, by and between the City of Baldwin Park, a California municipal corporation ("City") and [***INSERT NAME OF COMPANYI, a HNSERT TYPE OF BUSINESS, I.E., COMPANY, SOLE PROPRIETORSHIP, ETC.***], with its principal place Ofbusiness at ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." RECITALS. 2'1 Consultant. Consultantdesires to perform and assume responsibility for the provision of professional services required by the on the terms and conditions set forth in this SUU@nt represents that it is services to public clients, is licensed with the plans of City. ' 2'2 Project. desires toen000e Consultant turender such ("Project") as set forth in this AoP88Dl8Ot. 3.1 Scope of Services and Term. experienced in providing in the State of California, and is familiar aakzno|services for the 3.1.1 General Scope of Services. Consultant promises and agrees tofurnish Lo the City GU labor, 08teh@|S' tOO|S. 9qUipmeDt. S8rViC8S, and incidental and CUStO0@[y work O8C9SS8ry to fully and adequately supply the p[Of8S8iOOG| C0OSU|UDg services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "/Y'attached hereto and iOCO[pOn81Rd h8nBiO by reference. All Services shall be subject to, and performed in GCSOndGnC8 with. this Agreement, the exhibits attached hereto and incorporated herein by r8f8r8nCe. and all Gpp|iC@b|8 |OCG|. state and f8d8n3| |8vvS. rules and [OgU|GUODS. 3 1 2 Term. The term of this Agreement Gh@|| be from [**, AT0E**=I. Un|eSS 88di8r terminated as Dn}vid8d herein. to Consultant shall complete the Services within -14- PROFESSIONAL SERVICES AGREEMENT the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Compensation. 3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed [***INSERT AMOUNT; WRITTEN OUT] ($[***INSERT NUMBER]) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.3 Responsibilities of Consultant. 3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, BB&K (2020) -15- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 unemployment insurance, disability insurance, and workers' compensation insurance. 3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: [***INSERT NAME AND TITLE***]. 3.3.5 City's Representative. The City hereby designates [***INSERT NAME AND TITLE***], or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.3.6 Consultant's Representative. Consultant hereby designates [***INSERT NAME AND TITLE***]', or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants BB&K (2020) -16- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.3.9 Period of Performance. 3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be separately agreed upon in writing by the City and Consultant ("Performance Milestones"). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non -performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party's performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. 3.3.9.3 Should a Force Majeure Event occur, the non -performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.3.10 Laws and Regulations; Employee/Labor Certification. BB&K (2020) 65431.00007\42447298.1 -17- PROFESSIONAL SERVICES AGREEMENT 3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. 3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management City (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARE, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement. 3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant's failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy. 3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant BB&K (2020) -18- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 ahsH| at all Unuea be in compliance with all applicable kooa|, state and federal buvva, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.3.11 Insurance. 3.3.11.1 Time for Compliance. COOSuKUDt Sh@U not COrDDleDCe vVO[k under this Agreement until it has provided evidence satisfactory to the City that it has secured all iDSU[@D&e required under this SOLtiOD. In addition, COOSU|t@Ot Sh@U not allow any SUbC0OSu|t@DtLO commence work on any subcontract until it has provided evidence satisfactory to the City that the eubconau|[mnt has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause. 3.3.11.2 Types of Insurance Required. As u condition precedentb) the effectiveness of this Agreement for work tO be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance Of its Ob|i0@UOnS under such Agreement, shall procure and maintain in full force and effect during the term ofthe Agreement the following policies ofinsurance. If the existing policies dunot meet the insurance requirements set forth herein, Consultant agrees tOamend, supplement Orendorse the pO|iCiOS Lodoso. (A) Conlrnunio| General Liability: Cunlrnercio| C3unero| Liability Insurance which affords coverage atleast an broad as Insurance Services Office "occurrence" fDOn CG 00 01, or the OX8Ct equivalent, with limits Of not |eSS than $1'000,000 per occurrence and nuless than $2.000.000inthe general aggregate. Defense costs shall bapaid inaddition to the limits. The policy shall contain no endorsements or provisions (1) |inoiUnA coverage for COnLr8CtU8| liability; (2} excluding coverage for d8inOS Or suits by One insured against another (cross -liability); /3\ pnOdu[tS/CUOUp|eted Ope[8UUDS liability; or /4\ CODt8iDiOg any other 9xS|uSiOn(S)contrary t0the terms Orpurposes Ofthis Agreement. (B) AU1OnOObi|8 Liability |OSU[8OC8: AUtO[DObi|8 Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1).0rthe exact equivalent, covering bodily injury and property damage for all activities with limits Ofnot less than $1.0O0,0O0combined limit for each occurrence. /C\ VVO[k8rS' CO0peOS8UOO: VVO[ke[S' C000p8DS8tiOO Insurance, as required by the State of California and Employer's Liability Insurance with 8 limit of not less than $1.000.000per accident for bodily injury 8nddiS8GS9. /[]\ PPDf0SSiOO8| Liability (E[nO[S & C)DliSSiOOS): PrOfeSSiOO8| Liability insurance or ErnOnS & C}mniSSiOnS insurance appropriate to Consultant's pnOf9GSi0n with limits Ofnot less than $1.000.000. Covered pn}feSSi0nG| services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any OXC|USiOOS rO|@dDg to |88d. asbestos, pO||UdOD, testing, underground storage tanks, laboratory analysis, soil work, 8tn.\. |fcoverage iSwritten nn a claims -made baaia, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for operiod ofotleast five (5) years from termination orexpiration ofthis Agreement. BB&K(202O) '18' PROFESSIONAL SERVICES AGREEMENT 3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies: (A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CIS 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Professional Liability (Errors & Omissions): (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must "pay on behalf of the insured and include a provision establishing the insurer's duty to defend. (D) Workers' Compensation: (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers. 3.3.11.4 Primary and Non -Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. 3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. BB&K (2020) -20- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 3.3.11.6 Deductibles and Self -Insured Retentions. Any deductible or self - insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self -insured retention. 3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. 3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. 3.3.11.9 Enforcement of Agreement Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder. 3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. 3.3.11.11 Additional Insurance Provisions (A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold BB&K (2020) -21- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. (E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. (F) Consultant shall report to the City, in addition to Consultant's insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement. 3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant's subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant's compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal BB&K (2020) -22- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. 3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. BB&K (2020) -23- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6 Indemnification. 3.6.1 To the fullest extent permitted bylaw, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. 3.6.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. 3.7 General Provisions. 3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.7.2 Independent Contractors and Subcontracting. 3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant ("Subcontractor(s)") unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant's behalf are Consultant's employees, BB&K (2020) -24- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders. 3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor's use of further independent contractors, subcontractors or subconsultants without the City's prior written consent. 3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: [**INSERT BUSINESS NAME***] [***INSERT STREET ADDRESS***] [**INSERT CITY STATE ZIP***] ATTN: [***INSERT NAME AND TITLE**] City: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 ATTN: Manuel Carrillo Jr. Director of Recreation & Community Services Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.7.4 Ownership of Materials and Confidentiality. 3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant BB&K (2020) -25- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 Sh3|| have DO right to [8L@iD or fail to provide UJ City any such dUCuDleDtS pending [gSO|uUOO Of the dispute. In addition, Consultant nhoU retain copies of all Documents 8' Data on file for e minimum offifteen /15\years following completion ofthe Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the C)uounnenLa & Data fo||uvvinA this retention period. Consultant shall make a reasonable effort to notify City and provide City with the opportunity [Oobtain the documents. 3.7.42 Subconsultants. Consultant shall require all auboonau|tantato agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the oubooneu|ban[prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant nnokea no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the 3.7,4.3 City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Projector another project, provided that any such use not within the purposes intended by this Agreement or on 8 project other than this Project without employing the services of Consultant Sh2|| be at Citv'asole risk. |fCity uses urreuses the Documents & Data onany project otherthunthiaP ject. it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, dineCtOnS' agents and employees from d@innS arising out Of the negligent use or re -use of the Documents & Data on such other project. Consultant ahu|| be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment ortermination. Consultant shall not beresponsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a p8dv for whom the Consultant is |eA8||y responsible Or liable, or anyone approved by the COOSU|t8OL 3.7�.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, Offid8|S. officers, employees, VO|UO188rS and @Q8OtS free and h80D|HSS, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, 0rany other proprietary right 0fany person Orentity inconsequence 0fthe use 0nthe Project byCityOfth8OOCurn8ntG&OGt8.inC|udingGny OO8thOd' pnOC8SS, pPOdUC|. or concept specified or depicted. 3.7,4.5 Confidentiality. All id88S. memoranda, specifications, Dk3nS, prOC8Uur8S, drawings, deSCrnUonS. computer prOgn3nn data, input record data, written iOfOrm8dOO' and O|h8[ [)OCUDl8O[S & Data either CP8818d by or provided to COOSU|t8Ot in connection with the performance of this Agreement shall be held confidential by Consultant. Such nnGteriG|G Sh8|| not, without the prior written consent of Citv, be used by Consultant for any purposes other than the performance ofthe Services. Nor shall such materials bedisclosed to any person Orentity not connected with the performance Ofthe Services Orthe Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally knVvvn. Or has become knnvvn, to the n3|@t8d industry shall be deemed confidential. Consultant shall not use Citv'S OG0e Or insignia, photographs of the Project, Or any publicity pertaining to the Services Or the Project in any nl8g8ziDe, trade paper, newspaper, Le|8viSiOD or radio pnJdU[tiOD or other similar medium without the prior written consent UfCity. BB&K(2O2O) -26-SERVICES AGREEMENT 3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non -appealable order by a court of competent jurisdiction requires that City release such information. 3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. 3.7.7 Attorneys' Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and all costs of such action. 3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seg. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. 3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.7.11 Successors and Assigns successors and assigns of the parties. BB&K (2020) 65431.00007\42447298.1 -27- This Agreement shall be binding on the PROFESSIONAL SERVICES AGREEMENT 3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.7.16 No Third -Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party BB&K (2020) -28- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. BB&K (2020) 65431.00007\42447298.1 [SIGNATURES ON NEXT PAGE] -29- PROFESSIONAL SERVICES AGREEMENT SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BALDWIN PARK AND IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF BALDWIN PARK Approved By. [if Corporation, TWO SIGNATURES, President OR Vice President AND Secretary OR Treasurer REQUIRED] [INSERT NAME] [INSERT TITLE) Attested By. City Clerk Approved as to Form: Best Best & Krieger LLP City Attorney BB&K (2020) 65431.00007\42447298.1 la Its: Printed Name: A -- Its: Printed Name: -30- PROFESSIONAL SERVICES AGREEMENT BB&K (2020) EXHIBIT "A" SCOPE OF SERVICES Exhibit "A"-1 PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 1E]-:it Ems 7 EXHIBIT "B" SCHEDULE OF SERVICES Exhibit "B"-1 PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 1111- =-r efflffl I EXHIBIT "C" COMPENSATION Exhibit "C"-1 PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 ITEM NO. 11 STAFF REPORT TO: Honorable Mayor and Members of the City Council HU QE ..'C FROM: Robert Lopez, Chief of Police SAIN11,G4BR1EL DATE: November 6, 2024 SUBJECT: Introduction of Ordinance No. 1511 of the City Council of the City of Baldwin Park, California, Amending the Municipal Code Regarding the Regulation of the Use of Wheeled Devices on Public and Private Property; Amendments, Chapter 130 of Title XIII, Adding Section 130.80 Titled "Wheeled Devices" SUMMARY The purpose of this staff report is to introduce for first reading Ordinance No. 1511 to amend the City of Baldwin Park Municipal Code regarding the use of "Wheeled Devices," such as skateboards and bicycles, on public and private property. RECOMMENDATION it is recommended that the City Council waive further reading, read by title, and introduce the following: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING THE MUNICIPAL CODE REGARDING THE REGULATION OF THE USE OF WHEELED DEVICES ON PUBLIC AND PRIVATE PROPERTY; AMENDMENTS, CHAPTER 130 OF TITLE XIII, ADDING SECTION 130.80 TITLED "WHEELED DEVICES" FISCAL IMPACT There is no fiscal impact from the adoption of the proposed Ordinance. BACKGROUND The City of Baldwin Park has experienced an increase in the unsafe operation of various wheeled devices, including bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates on City property. This has raised significant concerns about public safety and potential liability for the City. Currently, the City lacks a specific ordinance to restrict this activity, which limits the ability to enforce safety measures and post appropriate signage. Additionally, private businesses within the City have expressed concerns about similar issues on their properties. The proposed Ordinance comprehensively addresses these concerns, providing a legal framework for the City and private property owners to manage wheeled devices effectively. Specifically, the Ordinance allows the Chief Executive Manager to establish an application process for private property to be designated as a "No Wheeled Device" zone upon request of a property owner. DISCUSSION The primary purpose of this Ordinance is to address the growing concern about the unsafe operation of wheeled devices on City property and to mitigate associated liability risks for the City of Baldwin Park. By enacting this Ordinance, the City will have the necessary authority to post restrictive signage and enforce safety measures on Page 1 / 2 City and public property. The Ordinance will also permit property owners to apply for the same restriction on wheeled devices upon approval by the City Council. This Ordinance does not set or establish fees for the designation of private property as a "No Wheeled Device" area, such fees must be set by the City Council through a separate resolution. Key provisions of the ordinance include: 1. Establishes the definition of "Wheeled Devices" to include bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates, as specifically listed in Vehicle Code section 21113. 2. Grants the City Council, authority to prohibit, limit, or restrict wheeled devices on City and private property by resolution. 3. Requires the posting of signage indicating restrictions on wheeled devices. 4. Provides a mechanism for private property owners to apply for similar regulatory powers on their properties. 5. Authorizes the Chief Executive Officer to establish an application process for private property designation and to suspend enforcement of prohibition for special events. 6. Establishes exemptions for wheeled devices used primarily for transporting infants, individuals with disabilities, or merchandise. 7. Specifies that violations will be subject to penalties as per § 130.99 of the Municipal Code. Implementation will involve assessing priority areas for signage, developing a process for private property owners to apply for regulatory authority, and initiating public education efforts to inform residents and visitors about the new regulations. ALTERNATIVES 1. Approve the introduction and first reading of the ordinance as presented. 2. Approve the introduction and first reading of the ordinance with modifications. 3. Do not approve the ordinance and provide staff with further direction. LEGAL REVIEW The proposed ordinance has been reviewed and approved as to form by the City Attorney. ATTACHMENTS 1. Proposed Ordinance No. 1511 Page 2 / 2 Ordinance No. 1511 Page I of 5 ORDINANCE NO. 1511 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADDING SECTION 130.80 TITLED "WHEELED DEVICES", TO CHAPTER 130, TITLE XIII OF THE BALDWIN PARK MUNICIPAL CODE TO PROHIBIT USE OF WHEELED DEVICES IN CERTAIN DESIGNATED AREAS MEM20= is •Z 0 R21ME I WHEREAS, California Vehicle Code section 21113 authorizes cities to regulatm- the use of wheeled devices, including but not limited to bicycles, motorized bicycle electric bicycles, skateboards, electrically motorized boards, and roller skates on publ property; and I WHEREAS, the City wishes to regulate the use of wheeled devices, to protect the safety and welfare of its residents, and the general public. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Ordinance. SECTION 2. The City Council hereby adds Section 130.80 titled "Wheeled Devices" to Chapter 130 of Title XIII of the Baldwin Park Municipal Code to read as follows: §130.80 WHEELED DEVICES Statutory reference: Cal. Vehicle Code section 21113. (A) Definitions For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. Public Property. Means any property owned or maintained by the city, any public agency within the geographical boundaries of the city, including any public square, street, sidewalk, parking garage, park, or highway. Private Property. Means any property held by private interests that is used primarily for business, commercial, residential, office space, business park, religious, multifamily, or recreational purposes. This shall also include the parking facilities for these "private property" areas. Wheeled Devices. Includes bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates, and any other wheeled device specifically listed in Vehicle Code section 21113. Ordinance No. 1511 Page 2 of 5 (B) Regulation of Wheeled Devices on Public Property The City Council may by resolution prohibit the use of Wheeled Devices on Public Property when it is determined to be necessary to protect the health, safety, and welfare of pedestrians, motorists or persons operating said Wheeled Devices on said Public Property. The City Council shall designate such area and the times when such activity would be prohibited and order the posting of appropriate signage in accordance with §§ 130.80(D). (C) Regulation of Wheeled Devices on Private Property (1) The City Council may, by resolution, designate any private property as a "No Wheeled Device Area" upon written application of the owner of the property. The City Council shall designate such area and the times when such activity would be prohibited and order the posting of appropriate signage in accordance with §§ 130.80(D). (2) The City Council may, by resolution, establish fees for the receipt and processing of applications under this Section. The Chief Executive Officer, or his or her designee, shall have the authority to establish an application process for property owners seeking to designate private property as a "No Wheeled Device Area." (D) Signage (1) Where the posting of a sign designating an area as a "No Wheeled Devices" is required by this Section, the sign shall provide any applicable time restrictions and language that provides substantially as follows: "The use of bicycles, electric bicycles, skateboards, roller skates, or similar activity is prohibited by Baldwin Park Municipal Code § 130.80. Violators may be subject to fines as provided by law." (2) All signs posted pursuant to this Section shall be not less than seventeen by twenty- one (17 x 21) inches in size with lettering not less than one (1) inch in height. (3) Such prohibition shall apply to the property or area so designated once the property or area has been posted with signs in plain view at all vehicular entrances to the property or area. It shall be the responsibility of the property owner to post all required signs. (E) Grant of Approval for Use of Wheeled Devices The Chief Executive Officer, or his or her designee, may temporarily suspend the enforcement provisions of this Section to accommodate special events upon application by the event organizer. In granting such approval, the Chief Executive Officer, or his or her designee, may impose such conditions, restrictions and requirements as deemed necessary or desirable in order to protect the public interest and promote the general welfare. The Chief Executive Officer, or his or her designee, shall have the authority to establish an application process for the temporary suspension of the enforcement provisions of this Section. Ordinance No. 1511 Page 3 of 5 (F) Violations: Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction, which is punishable as provided in § 10.99 of this code. (G) Exemption: This Section shall not apply to any of the following: (1) The use of human or motor -propelled devices by any person who is disabled or handicapped, or whose ability to walk is impaired. (2) Any device designated, intended and used solely for the transportation of infants. (3) The transportation of goods or merchandise to and from the place of purchase or storage. SECTION 3. Environmental Review. The Ordinance is exempt from additional review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA") and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures in compliance with authority vested to the City by state law; does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, the Ordinance does not constitute a "project" that requires environmental review (see specifically CEQA Guidelines § 15378(b)(2, 5). SECTION 4. Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 5. Enforceability. Repeal or supersession of any provision of the Baldwin Park Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed or superseded part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 6. Validity of Previous Code Sections. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the Baldwin Park Municipal Code or other ordinance by this Ordinance will be rendered void and cause such previous Baldwin Park Municipal Code provision or other city ordinance to remain in full force and effect for all purposes. SECTION 7. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 8. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Baldwin Ordinance No. 1511 Page 4 of 5 Park's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 9. This Ordinance shall go into effect and be in full force and effect 30 days after its passage. SECTION 10. The City Clerk shall cause this Ordinance to be published and/or posted in accordance with state law and shall certify the adoption of this Ordinance and shall place this Ordinance in the original book of ordinances on file in the City Clerk's Office. I hereby certify that Ordinance No. 1511 was PASSED, APPROVED, AND ADOPTED by the City Council of the City of Baldwin Park on the day of , 2024. ATTEST: CHRISTOPHER SAENZ, CITY CLERK APPROVED AS TO FORM: NORMA TABARES CITY ATTORNEY CITY OF BALDWIN PARK EMMANUEL J. ESTRADA MAYOR [ATTESTATION ON THE NEXT PAGE] Ordinance No. 1511 Page 5 of 5 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Christopher Saenz, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance was introduced and placed upon its first reading at a regular meeting of the City Council on November 6, 2024. Thereafter, said Ordinance No. 1511 was duly approved and adopted at a regular meeting of the City Council on by the following vote to wit: AYES: NOES: ABSTAIN: CHRISTOPHER SAENZ CITY CLERK ITEM NO. BPCRF 1 STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance 'EL PREPARED BY: Anthony Ceballos, Accountant ' �"tD JAT4'J DATE: November 6, 2024 SUBJECT: Baldwin Park Charitable Relief Foundation Annual Financial Report for the Fiscal Year Ended June 30, 2024 SUMMARY The purpose of this memorandum is to present Baldwin Park Charitable Relief Foundation's (BPCRF) Annual Financial Report for the fiscal year ended June 30, 2024. RECOMMENDATION It is recommended that the Board Directors receive and file BPCRF's Annual Financial Report for the fiscal year ending June 30, 2024. FISCAL IMPACT None BACKGROUND The Baldwin Park Charitable Relief Foundation was incorporated on August 4, 2015, ratified, and approved by the City of Baldwin Park on October 21, 2015 as California tax-exempt, non-profit corporation. The key component of the BPCRF is its ability to solicit fiends from private funding sources that are specifically allocated to non-profit organizations (such as grants, private donations, gifts, etc.) Its specific charitable and public purposes are to pursue lessening the burdens of government and promoting social welfare to members of the community who are economically disadvantaged, suffering financial difficulties or homeless. This non-profit organization helps by providing local residents additional opportunities for funding sources which could support services and programs meeting their social, physical, and developmental needs. Basic necessities of life such as emergency food, emergency shelter and/or housing are provided based on available funding. The attached Annual Financial Report summarizes the financial activities and financial position of BPCRF for the fiscal year ended June 30, 2024. LEGAL REVIEW Not Applicable ATTACHMENTS 1. BPCRF Annual Financial Report for the Fiscal Year Ended June 30, 2024 Page I / 1 Baldwin Park Charitable Relief Foundation Statement of Net Position As of June 30, 2024 ASSETS Cash $ 162,092.80 NET POSITION Restricted Baldwin Park Tiny Homes Program (Esperanza Villa) 76,446.02 Community Relief Program 786.85 Food Basket Program 1,371.90 Police Department Community Relations 11,537.04 Recreation Pride of the Valley 5K Run 2,500.00 Recreational Scholarship Program 1,642.25 Santa Clothes Program 66,038.74 Senior Meal Program 1,470.00 Serenity Homes Program 300.00 TOTAL NET ASSETS AS OF JUNE 30, 2024 $ 162,092.80 Baldwin Park Charitable Relief Foundation Statement of Activities and Changes in Net Position For the Fiscal Year Ended June 30, 2024 REVENUES AND OTHER SUPPORT Contributions BP Tiny Homes Program/Esperanza Villa (Kaiser Grant) 85,000.00 Homeless Support (Community Relief) 80.00 Food Basket Program (BP Woman's Club, CA. Schools Employees Assoc.) 200.00 Police Department Community Relations (Various Donations) 8,500.00 Santa Clothes Program (Various Donations) 15,905.89 Reimburse BPCRF Bank Fees (City of Baldwin Park) 13.41 Total Revenues and Other Support $ 109,699.30 EXPENSES Program Services Baldwin Park Tiny Homes Program (Esperanza Villa) 27,841.63 Community Relief Program 6,829.66 Food Basket Program 2,000.00 Police Department Community Relations 6,800.00 Total Expenses $ 43,471.29 CHANGE IN NET POSITION 66,228.01 NET ASSETS AS OF JULY 1, 2023 95,864.79 NET ASSETS AS OF JUNE 30, 2024 $ 162,092.80