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HomeMy WebLinkAbout2013 04 03NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, APRIL 3, 2013 at 5:30 p.m. at City Hall — 3rd Floor Conference Room 307, 14403 East Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED Dated: March 28, 2013 / V Manuel Lozano Mayor 9 • 0 I, Alejandra Avila, City Clerk of the City of Baldwin Park, certify that I caused the aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to follow) to each Member and e-mail to the San Gabriel Valley Tribune, and that I posted said notice as required by law on March 28, 2013. Alejandra Avila City Clerk • ! CITY COUNCIL SPECIAL MEETING Please note time and meeting April 3, 2013 location 5:30 p.m. CITY HALL — 3dFloor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 • • 960-4011 i } A . R < Manuel Lozano - Mayor Monica Garcia - Mayor Pro Tern Marlen Garcia - Councilmember Ricardo Pacheco - Councilmember Susan Rubio - Councilmember PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al publico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda, agenda on any matter posted on the agenda or Para hablar sobre cualquier asunto publicado en la on any other matter within its jurisdiction. If you agenda o cualquier tema que este bajo su jurisdiccion. wish to address the City Council or any of its Si usted desea la oportunidad de dirigirse al Concilio o Agencies, you may do so during the PUBLIC alguna de sus Agencias, podra hacerlo durante el COMMUNICATIONS period noted on the periodo de Comentarios del Publico (Public I agenda. Each person is allowed three (3) Communications) anunciado en la agenda. A calla minutes speaking time. A Spanish - speaking persona se le permite hablar por tres (3) min utos. Hay interpreter is available for your convenience. un interprete Para su conveniencia. CITY COUNCIL SPECIAL MEETING - 5:30 P.M. CALL TO ORDER ROLL CALL: Council Members: Marlen Garcia, Ricardo Pacheco, Susan Rubio, Mayor Pro Tern Monica Garcia and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar 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] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETS No se podra tomar acci6n en algtin asunto a menos que sea incluido en la agenda, o a menos que exista algcjna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar asuntos para tomar en consideraci6n en juntas proximal. [Codigo de Gobierno §54954.2] RECESS TO CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8) Property: 13940 Live Oak Avenue, Baldwin Park, CA 91706 Agency Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: Doug Corcoran, Waste Management Under Negotiation: Price and terms of payment 2. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Confidential Management and the Baldwin Park Police Officer's Association; Un-represented employees; and part- time employees. - ------- -- 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (GC §54956.9 (d)(1) Adams et. al. v. City of Baldwin Park et. al., USDC Case No.: CV12-00512 GAF(AJWx) BPPOA v. City of Baldwin Park et al., USDC Case No: CV1 3-01534 DMG (VBKx) BPPOA v. City of Baldwin Park, LASC Case No: BS140802 4. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of Litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9. 5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR GC §54956.8 Properties: 8564021 018 490 Cloverleaf Drive Commission Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: John Duong Under Negotiation: Price and terms of payment RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION 1, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting on March 28, 2013. �fvr' /'61 Alejandra Avila City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 813-5204 or e-mail rcaballero(a)baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. 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) UCIAM April 3, 2013 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 BALDWIN P A R- K Manuel Lozano - Mayor Monica Garcia - Mayor Pro Tem Marlen Garcia - Council Member Ricardo Pacheco - Council Member Susan Rubio - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Pdblico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. !-lay un interprete para su conveniencia. .. �: y u',lfi,.2k . {r._. z.;, s.. , ia.: �,�a� , £..x'. "�a1 ..� d+..� <'dYt c'r;,F�S:'�f�. <f ,.. C. d >, r�.�, 74r ... ?➢ �. ..,� fU ,; ,�;�? r "t r t .ice f s ^d t ^: i ,. -` *'- t.� ��'� c,d .. CITY COUNCIL REGULAR MEETING — 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Council Members: Marlen Garcia, Ricardo Pacheco, Susan Rubio, Mayor Pro Tern Monica Garcia and Mayor Manuel Lozano ANNOUNCEMENTS This is to announce, as required by Government Code section 54954:3, members of the City Council are also members of the Board of Directors of the Community Development Commission, 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 $75 for attending the CDC meeting, $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. (NO STIPEND IS PAID IF MEETING IS CANCELLED) PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Recognition of outgoing Recreation & Community Services Commissioner, Leticia Lopez. • Presentation of Award of Excellence from the California Parks and Recreation Society (CPRS) by Pilar Alcivar -McCoy for the Department of Recreation and Community Services Senior Prom in the category Aging Well. PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar 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] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tome accidn en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci ®n en juntas proximas. [Codigo de Gobierno §54954.2] City Council Agenda - April 3, 2013 Page 2 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. HOUSING ELEMENT CONTRACT ASSIGNMENT Staff recommends the City Council approve the assignment of the contract to Moore lacofano Goltzman, Inc. (MIG) to finalize the update to the City's Housing Element for the 2013 -2021 Planning Period. 2. NOTICE OF COMPLETION INSTALLATION OF A TRAFFIC SIGNALS AT THE BALDWIN PARK BOULEVARD/ STEWART AVENUE AND FRAZIER STREET/ FOSTER AVENUE INTERSECTIONS It is recommended that the City Council: 1. Accept the construction improvements by PTM General Engineering Service, Inc. and authorize the recordation of a Notice of Completion; and 2. Authorize the release of $29,395 in project retention to PTM General Engineering Service, Inc. upon expiration of the 35 -day lien period. 3. AUTHORIZE THE CHIEF EXECUTIVE OFFICER TO EXECUTE A CONSULTANT SERVICES AGREEMENT WITH THE LOCAL GOVERNMENT COMMISSION TO MANAGE THE SAFE ROUTES TO SCHOOL MASTER PLAN UPDATE FOR A FEE NOT TO EXCEED $235,000 Staff recommends that the City Council: 1. Authorize the Chief Executive Officer to execute a Consultant Services Agreement with the Local Government Commission after a review by the City Attorney; and 2. Authorize the CEO /Finance Director to appropriate $235,000 from Grant funds. 4. RESOLUTION 2013 -008 AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO EXECUTE PROGRAM SUPPLEMENT NO. 015 -N TO ADMINISTERING AGENCY - STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 07 -53238 Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution No. 2013 -008, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO ADMINISTER THE EXISTING MASTER AGREEMENT NO. 07 -53238 AND TO EXECUTE THE PROGRAM SUPPLEMENT AGREEMENT NO. 015 -N." 5. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands. 6. LETTER OF SUPPORT FOR AB 1359 HERNANDEZ It is recommended the City Council approve the attached letter of support. City Council Agenda — April 3, 2013 Page 3 7. APPROVAL OF RESOLUTION 2013 -009 AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A CONTRACT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) UPON RECEIPT OF A COMMUNITY -BASED TRANSPORTATION PLANNING GRANT Staff recommends that the City Council adopt Resolution No. 2013 -009 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO EXECUTE AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION UPON RECEIPT OF A COMMUNITY -BASED TRANSPORTATION PLANNING GRANT TO ADOPT THE "ARROW HIGHWAY CORRIDOR/DISTRICT NON - MOTORIZED SAFETY ENHANCEMENT PLAN" Once adopted, staff will include a signed copy of the Resolution with the grant application. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Ricardo Pacheco for discussion & direction to staff on the following: • Letter of Support for American Latino Museum on the National Mall. • Prepare a Resolution of Support for Senate Bill 135, Legislation by California State Senator Alex Padilla to create a statewide earthquake early warning system in California (Sample Resolution attached). • Update on most current Finance Revenue. • Announce a reward for any information leading to the arrest and conviction of the suspect in the attack at the Dairy in Baldwin Park. • Support of Senate Bill SB 470, Local Economic Development. This Bill is intended to promote economic development on local level to increase jobs, create economic opportunity, and generate tax revenue for all levels of government. City Council Agenda — April 3, 2013 Page 4 ADJOURNMENT CERTIFICATION I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 28th day of March 2013. Alejandra Avila City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of V. /�'a.. l�1.�..1. /nnn\ n.1n cn^A '1 1 I,�..I1....... I'-- - I.J...:.....,� rk the lily MCIk at (6226) o 13 52-0i' of via e -iii ail at rcaballe o'UQIUVV II I�./QI I\.l;om. 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) City Council Agenda — April 3, 2013 Page 5 ii BALDWIN P � A • R, K I • is lA Honorable Mayor and Members of the City Council Marc Castagnola, AICP, Community Development 07-MENME SUBJECT: Housina Element Contract Assignment �• = The purpose of this report is to seek City Council approval of a contract assignment from Hogle - Ireland, Inc. to Moore lacofano Goltzman, Inc., a California Corporation (MIG). BACKGROUND /DISCUSSION On September 5, 2012, the City Council approved a contract with Hogle - Ireland, Inc. to prepare an update to the City's Housing Element for the 2013 -2021 Planning Period, pursuant to State Law. Effective January 1, 2013, MIG acquired substantially all of the assets of Hogle- Ireland, including Hogle- Ireland's rights and interests in the existing contract between the City of Baldwin Park and Hogle- Ireland to prepare the update to the City's Housing Element. MIG has agreed to perform all of the obligations due as a result of the contract assignment at the existing payment schedule. Without approval of this contract assignment, pursuant to Section 9 of the Consultant Agreement, the assignment to MIG is not recognized by the City. FISCAL IMPACT There is not a fiscal impact to the City related to the contract assignment. !' Staff recommends the City Council approve the assignment of the contract to Moore lacofano Goltzman, Inc. (MIG) to finalize the update to the City's Housing Element for the 2013 -2021 Planning Period. ATTACHMENTS *Attachment #1, Contract Assignment Agreement REPORT PREPARED BY: Amy L. Harbin, City Planner t l C:\Hmy\HMY\WORD \Reports \Council Reports \Housing Element Contract Assignment.doc d1 2� 6-11-9 ASSIGNMENT This Assignment is entered into by and among Hogle Ireland, Inc., a California Corporation ( "HI "), Moore Iacofano Goltsman, Inc., a California corporation ( "MIG "), and The City of Baldwin Park (Client) effective as of this 1St day of January, 2013. RECITALS A. On or about September 5, 2012, HI and Client entered into a contract (the "Contract ") whereby HI agreed to provide planning services in connection with the Housing Element Update Project ( "Project "), located in Baldwin Park, CA. (A true and correct copy of the Contract is attached hereto and incorporated herein by reference as Exhibit A.) Work on the Project is currently underway and obligations remain due from both HI and Client. B. Effective January 1, 2013, MIG acquired substantially all of the assets of HI, including HI's rights and interest in and to the Contract existing as of the effective date. C. Client and HI desire that MIG continue as the planner for the Project, and accordingly, wish to assign to MIG certain of HI's interests in and to the Contract. In consideration of the above recitals and the mutual promises and covenants contained herein, the parties agree as follows: 1. Client agrees that HI may assign to MIG its rights and obligations under the Contract, as provided in this Assignment, effective as of January 1, 2013. 2. HI hereby delegates to MIG and MIG promises and agrees to perform all of the obligations due from HI that accrue on or after January 1, 2013 pursuant to the Contract. Client agrees to accept performance of the remaining obligations of the Contract from MIG. C_ lient acknowledges that MIG is not assuming any responsibility or liability arising from the performance or non - performance of any obligations of the Contract accruing prior to January 1, 2013. 3. All of HI's rights with respect to Client's obligations accruing on or after January 1, 2013 under the Contract shall be transferred from HI to MIG. All payments due under the Contract shall be made payable to MIG and delivered to 800 Hearst Ave., Berkeley, CA 94710. 4. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 5. Any dispute concerning or arising from this Assignment shall be resolved in the manner specified in the contract described in Paragraph A, above. In the event of any dispute concerning or arising from this Assignment, the prevailing party shall be entitled to recover its reasonable attorneys' fees. 6. This writing constitutes the entire understanding between the parties with respect DOCS \S7647 -002\ to the matters herein described. Except as otherwise expressly provided herein, the provisions of this Assignment may not be waived, altered, amended, or repealed, in whole or in part, except with the written approval of the parties hereto. Dated: Dated: Dated: 2 DQCS \S7647 -002\ Hogle Ireland, Inc., A Calfornia Corporation The City of Baldwin Park Title: MOORE IACOFAN Califcffftia comoratic I: 1 GOLTSMAN, INC., a CONSULTANT AGREEMENT Housing Element Related Consultant Services This consultant services agreement (hereinafter referred to as this "Agreement") is made and entered into this ay of September, 2012 by the City of Baldwin Park, a municipal corporation, (hereinafter referred to as "Cl-Ty'), and Hogle-Ireland, Inc., a California corporation (hereinafter referred to as "CONSULTANT). State Law requires that cities within the Southern California Association of Governments (SLAG) region must update their Housing Element for the Planning Period, October 2013 through October 2021. WHEREAS, City seeks to update it's Housing Element for the 2014-2021 Planning Period in accordance with State Law. WHEREAS, CITY desires to contract with CONSULTANT to conduct the Services, as described in this Agreement as shown on Exhibit "K. NOW, THEREFORE, the Parties agree as follows: 1. SCOPE OF SERVICES. CONSULTANT shall provide all the professional work (i) necessary for the satisfactory completion of the Services, as described in Exhibit "A,' which attached hereto and incorporated herein by this reference. 2. TERM OF AGREEMENT. The Services shall be provided during the term of this Agreement which shall begin on the Effective Date, as defined in Paragraph 19 of this Agreement, and terminate on the date the Housing Element is certified, which the parties anticipate occurring by September 30, 2013, unless otherwise terminated or the time is extended consistent with the provisions of this Agreement (the `Term"). 3. CONSULTANT REPRESENTATIVE. CONSULTANT'S professional services shall be performed by or shall be i. immediately supervised by Laura Stetson, AICP, who shall act as CONSULTANTS representative. Any change in CONSULTANT'S representative shall require prior written approval by CITY'S Community Development Manager, or his /her designee, which approval small be made in his /her sole discretion. i 4. CONTRACT PRICE For all labor, materials and services provided by CONSULTANT, including all out -of- pocket expenses and reimbursables, CITY shall pay CONSULTANT a total fee not to exceed Thirty -four Thousand Nine Hundred Seventy Dollars ($34,974.00) (hereinafter referred to as "Not -to- Exceed Fee "), as described in Exhibit "B." which is attached hereto and incorporated herein by this reference 5. PAYMENT SCHEDULE j CONSULTANT shall submit invoices for work satisfactorily rendered to CITY. CONSULTANT shall submit invoices to CITY on a monthly basis, which shall contain a reasonably detailed statement of each task for which work was performed, the number of hours for such task, the professional who performed the task, his or her hourly rate and the cost of materials. 6. INDEMNIFICATION CONSULTANT shall protect, defend, indemnify, and hold harmless CITY, and each of its elected and appointed boards, officers, agents, attorneys and employees -2- (hereinafter referred to collectively as "INDEMNIFIED PARTIES"} from any and all claims, liabilities, expenses, or damages of any nature, including reasonable attorney fees and costs, for injury to or death of any person, and for injury to any property, including consequential damages of any nature resulting therefrom, to the extent arising out of or in any way connected with the performance of this Agreement, by or on behalf of CONSULTANT; provided, that CONSULTANT'S obligation to indemnify and hold harmless shall only be to the extent CONSULTANT or its employees, agents or officers causes the damages. CITY does not, and shall not, waive any rights against CONSULTANT because of the acceptance by CITY of the insurance policies -de—sGri bed. in this Agreement. In the event any of INDEMNIFIED PARTIES are sued by a third party for damages caused or allegedly caused by negligent or other wrongful conduct of CONSULTANT or its employees, agents or officers, CONSULTANT shall not be relieved of its indemnity obligation to INDEMNIFIED PARTIES by any settlement with any such third party unless that settlement includes a full release and dismissal of all claims by the third party against INDEMNIFIED PARTIES. 7. INSURANCE Without limiting its obligations pursuant to Paragraph 6, CONSULTANT shall name INDEMNIFIED PARTIES as additional insureds on the policies listed in subparagraphs (b) and (c), below, and shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Professional /negligent acts, errors and omissions insurance in an amount of One Million Dollars ($1,000,000.00); -3- (b) Comprehensive general liability in the amount of One Million Dollars ($1,000,000.00), including premises- operations, products /completed operations, broad form property damage and blanket contractual liability, and (c) Automobile liability for owned, hired, and non -owned vehicles in the amount Five Hundred Thousand Dollars ($500,000.00). A Certificate of Insurance for all the foregoing policies and an Additional Insured Endorsement for the general liability policy signed by CONSULTANT'S insurance carrier in a form approved by CITY'S City Attorney must be provided prior to payment of the Contract Price pursuant to this Agreement, 8. WORKERS' COMPENSATION INSURANCE. In addition to the insurance coverage in Paragraph 8 above, CONSULTANT shall obtain and maintain, during the life of this Agreement, Workers' Compensation Insurance in the statutorily required amounts. Neither the failure of CONSULTANT to supply specified insurance policies and coverage, nor the failure of CITY to approve the same, shall alter or invalidate the provisions of Paragraph 7 of this Agreement. 9. ASSIGNMENT. No assignment by CONSULTANT of this Agreement will be recognized by CITY unless such assignment has prior written approval of CITY. Any assignment without such consent shall be voidable and shall, at the option of CITY to terminate this Agreement. 10. TERMINATION OF: AGREEMENT. CITY may terminate this Agreement at any time by giving the other party ten - working days' (10- working days') prior notice in writing to all the Parties; provided, that El CONSULTANT is entitled to payment for Services satisfactorily rendered prior to such termination based on time and materials actually expended, subject to the provisions of Paragraph 4 of this Agreement. 11. AMENDMENT Except to the extent expressly provided herein, this Agreement, and the provisions contained herein, may not be altered, changed or amended, except by mutual consent of the Parties, in writing and signed by all Parties. 12. INDEPENDENT CONTRACTOR STATUS. At all times during the performance of this Agreement, CONSULTANT shall be an independent contractor of CITY, and shall not be (nor hold its employees, agents or ! i officers out to be) employees, officers or agents of CITY. CONSULTANT shall at its own expense secure and be responsible for any and all payments of Income Taxes, j Social Security, State Disability Insurance Compensation, Unemployment Compensation, and all other payroll deductions required of CONSULTANT and its officers, agents and employees and penalties assessed for non- payment of the same. 13. SEVERABILITY. If any clause, provision or section of this Agreement shall be ruled invalid by any court of competent jurisdiction, then the invalidity of such clause, provision or section shall not affect any of the remaining provisions hereof. 14. GOVERNING LAWICOMPLIANCE WITH LAWS. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. The Parties agree to be bound by all federal, state and local laws, ordinances, regulations and directives pertaining to the Services. If litigation -5- i i i arises out of this Agreement, then venue shall be the Superior Court of Los Angeles: County. 15. WAIVER. Waiver by CITY of any breach of any terra, covenant or condition herein i. contained shall not be deemed a waiver of such terms, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. 16. EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between the Parties for the Services and supersedes any and all prior negotiations, representations i or agreements, either oral or written. 17. NOTICE Notices pursuant to the Agreement shall be given by personal service upon the person to be notified, or upon the same in the custody of the U.S. Postal Service, postage. prepaid, addressed as follows: ! ` (A) City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Attention: Amy Harbin, AICP, City Planner (B) Consultant Hogle- Ireland, Inc. Attention: Laura Stetson, AICP 630 N. Rosemead Blvd., Suite 150 Pasadena, CA 91107 18. OWNERSHIP OF REPORT. All of the documents required to be prepared pursuant to this Agreement shall upon completion thereof, be deemed for all purposes to be the property of the City upon Consultant's receipt of payment for services. 19. EFFECTIVE DATE. The effective date of this Agreement is the date it is signed on behalf of CITY (herein referred to as "Effective Date"). 20. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement. [Signatures continued on Page 8] -7- Dated: CONSULTANT: Hogle-Ireland, Inc. By: e Laura Stetson Senior Vice President CITY:, THE CITY OF BALDWiN PARK, a municipal comoration Dated: Y By-, Attest: c Afeja dra Avi6, City Clerk Aleshire & Wynder, LLP --7 00169ph nnone, City Attorney 5-3 , Mayor Exhibit "A" Scope of Services CONSULTANT shall provide all Staffing Services necessary for the PROJECT including the following: 1. Task 1 -Assessment: a. Evaluation of 2008 -2013 Housing Element: Consultant will be required to review and evaluate the current Housing Element and its programs, including- i. A discussion of the effectiveness of the housing program and policies; ii. A comparison of projected results from the adopted Housing Element to actual accomplis h l tents} iii. A summary of how these results are important to a revision of the iv. An evaluation of existing Housing Element to current State Housing laws. b. Document Review: Consultant will review City documents to aid in understanding local conditions and the community's housing needs. Documents included, but not limited to, 2020 General Plan and related Program EIR, previous written communications with HCD, and all housing programs and ordinances currently in place. In addition, the Consultant will need to evaluate existing City housing resources, while identifying key issues. 2. Task 2 — Housing Element Preparation: a. Needs Analysis: The Consultant will complete the housing assessment and needs analysis to satisfy Government Code Section 65583. The Consultant will evaluate housing conditions using State- approved criteria. Where j necessary to complete this task, the Consultant will obtain and analyze the most current data available on demographics and housing in the City of Baldwin Park. The gathered data will be used to draft a housing needs assessment that will identify: i. Population, demographic and employment trends; ii. Special housing needs (e.g. large families, seniors, homeless, etc.); iii. Housing stock characteristics; iv. Adequacy of the City's public facilities (maintenance) and improvements needed; V. Housing cost and affordability; vi. Projected housing needs; and vii. Current vacant and underutilized land inventory. b. Housing Resources and Opportunities. The Consultant will identify housing resources, including programmatic, physical, and financial. In addition, the Consultant will prepare an analysis of the relationship between the projected housing needs and the dwelling unit capacity and availability of services to said sites. C. Housing Constraints: The Consultant will identify potential and actual governmental and nongovernmental constraints to housing production. Where constraints exist, the Consultant wi[I develop housing programs to mitigate them or, where appropriate and legally possible, remove them. d. Housing Goals, Policies, and Quantified Objectives; The Consultant must build on the existing Housing Element,, public input, and the needs and constraints analyses to formulate an implemen on plan with appropriate -- and feasible housing policies and quantified objectives.. This work will need to satisfy the requirements of Government Code Section 65583(b) and (c), as noted below: The Housing Program will contain programs to: 1. Ensure that housing opportunities are available to all persons in the City; ii. Preserve and improve the existing stock of affordable housing; iii. Facilitate development of adequate housing to meet the needs of low and moderate income households, meeting regional share of goals-- iv. Mitigate any governmental constraints to housing production, improvement and/or maintenance; and V, Ensure consistency with other General Plan elements and community goals. 3. Task 3 — Prepare and Finalize Housing Element: a. Draft Housing Element, The Consultant will be required to prepare and submit one (1) reproducible copy and one (1) electronic copy in (MS Word Format) of the Administrative Draft Housing Element for Staff review and comment. Once staff has reviewed and commented on the draft, the Consultant will modify the Administrative Draft as directed. The Consultant will then prepare and submit one (1) reproducible copy and one (1) electronic copy of a Draft Housing Element for the City to provide HCD, the City Council, the Planning Commission and the general public for review and comment. The City intends to make this Draft accessible both in hard copy format and on the City's web site. M Ut b. Community Meetings, Planning Commission and City Council Hearings: The Consultant must organize and attend one (1) community meeting to present the Draft Housing Element and respond to questions from the public. The Consultant must also attend Planning Commission and City Council public hearings. c. Housing Element: The Consultant will prepare a final version of the Housing Element, including any changes to the draft required by HCD and City staff, for adoption and transmittal to the State by the HCD mandated deadline. Consultant will work closely with staff to ensure that the City meets all HCD deadlines and requirements. d. State Certification: The Consultant must follow through with assisting the City in achieving State certification of the Housing Element after adoption by the _______Gity _The Consultant wR work closely�trith HGD and_the_Cii of_i3aldw�in r #o ensure that City meets State requirements and will recommend modifications to the adopted Housing Element, if required to obtain certification. 4. Task 4 — Environmental a. GEQA Completion and submittal of all - required documents: The Consultant must prepare and process all applicable environmental documents pursuant to CEQA. -11- ,Exh'Ibit "B", -12- O a. NOMMEMEMENNIME 4) I f. co 0 C l+ M E 41 0 E 0 u W 0 E CL co o U 41 tn CL (v 0 N 10 Ln - M C C,- C C) E vo w co --6 0 4, CD a E m 41 tin > 0 0 z cc 0 fL .2 5 ;a w ca- w CL 0 oA 0 41 > :3 a 72i 0 2 0 u w Lu :!� a 7E be < ca in c w Ew9080 �;ZZ61mbp 0 OCUO tncE.1--oo ogucO W -c: = 'r- = ucj vi m w Ln = r OUG in n 2050 cc �Q 0 ma -0 0 < 0 u ?: S= ul V a. CL 4 to O " e 4 eq c4 N T-1 vi H in H C', Ill r4 (6 t0 0 C, p m eq ni ui in VI L6 VI V) 'o w 4) I f. co "I rl tD m C* C3 t-I LO 1-4 1-1 C3 m r� m rn V) r- 00 rn co 00 Ln fl� ff� fll' rr� -�e 1i —I -i V - 0 ton 1 0 1'�:, 10 0 0 :, 0 0 0 Ln V')- mmmmmmmmmm MMMM=MMMMM 3: c m txo E c , s 4= :3 u 0 0 E W 2 0 bo E u a) c ho i ro 0 Ln 0 U 0 X W c E >- 0 CL 41 M 4J C 0 m U w M c W C: 0 0 c jz 0 m p 'O CooWoWEInn 0- m 0, = W= 0 m r a" -- E W "w tw a" 4., two M vw) >. r r - z m c -0 E r- -0 0 c to -0 .0 , 0 ;1- 2 :3 u CL > w .2 tw W E C w M A- 0 "<O tw r 0 = ix — O 0 r G - �r Ln E .0 �: -U� U WC _R LU CL -a = W c M U tw cm, 0 E to c 0 -�; 0 o 0 .11 Lnl.cur- 1 Z;; W = to w o ' 0 ' E -ld uo u -c: o vu tw E 0 a 0 m O o 0 u u uj " 0 a= 0. 0 0 u u CL ri ri 41 V-i ri N C14 m a) Ln In �.6 6 0 0 u e4 ui CA In kn (n V) F<- 15 Client #: 2042 MOOREIACO ACORDTM CERTIFICATE OF LIABILITY INSURANCE 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 112912013' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates P. O. Box 12675 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland, CA 94604 -2675 POLICY EXPIRATION DATE MMIDD/YY LIMITS 510 465 -3090 INSURERS AFFORDING COVERAGE NAIC # INSURED Moore lacofano Goltsman, Inc. 800 Hearst Ave. INSURER A: ACE American Insurance Company INSURER B: $ Berkeley, CA 94710 INSURER C: INSURER D; DAMAGE TO.RENTED nce INSURER E: MED EXP (Any one person) $ COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD' NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM /DD/YY POLICY EXPIRATION DATE MMIDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO.RENTED nce $ MED EXP (Any one person) $ CLAIMS MADE OCCUR PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ POLICY JET LOC C __.._..- --- ....-- ----...- ---- -- ---- -- - -- AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN _ EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR D CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OFFICER /MEMBER EXCLUDED? If yes, describe under E.L. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below A OTHER Professional G21656434009 07/01/12 07101/13 $2,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: Project #13223.00, Baldwin Park Housing Element Update ULKI It-IGAI t HULUtK cANCtLLArION lu Ua s Tor Non -Na ment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Baldwin Park DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30_ DAYS WRITTEN 4100 Baldwin Park Blvd. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Baldwin Park, CA 91706 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) 1 of 1 #S510600/M490238 JXL © ACORD CORPORATION 1988 MOORIAC -01 JENNIFERR /Y frr�► CERTIFICATE OF LIABILITY Y INSURANCE DATE(MMIDDYYYY) 1/29/2013 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 policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Cook Insurance Services PO Box 758 San Leandro, CA 94577 CONTACT NAME: PHONE FAX A/c No Ext : (510) 352 -2731 ac )352-8272 E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # j INSURER A: Hartford Casualty Insurance CO UMBE POLICY NR MM /DD /YYYY INSURED INSURER B: Hartford Fire Ins. CO. 19682 INSURER C: Moore Iacofano & Goltsman, Inc. 1 INSURER D: 800 Hearst Avenue Berkeley, CA 94710 ( INSURER E: A INSURER F: X COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. INSR _ !ADDL SUBR _ -Polui y EFF -- LTR INSR WVD UMBE POLICY NR MM /DD /YYYY MM /DD /YYYY— LIfJIiT3 GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X 57UUNUN8227 1 4/1/2012 i 4/1/2013 nc PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 ! GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY PRO- LOC JECT $ AUTOMOBILE LIABILITY CO Me BINED SINGLE LIMIT Ea ccident $ 1 , 000,000 i BODILY INJURY (Per person) $ 1,000,000 A ANY AUTO X 57UUNUN8227 ! 4/1/2012 4/1/2013 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident ) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE PER ACCIDENT $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED RETENTION $ $ B I WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? Y (Mandatory in NH) NIA 1157WEDD8525 411/2012 4/1/2013 X WC STATU- OTH- TORY LIMITS ER y_ E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEEi $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 I D= SCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Coverages shall not be cancelled except after thirty (30) days prior notice has been provided unless cancelled for non - payment of premium, then ten (10) days notice shall be given. Project #13223.00 "Baldwin Park Housing Element Update" City and each of its elected and appointed boards, officers, agents, attorneys and employees are named as additional insureds on GL per attached form HG00010605 and on Auto per attached form HA99190910. ,-r-m 1 IrII+H 1 C nvl_uct[ City of Baldwin Park 4100 Baldwin Park Blvd. Baldwin Park, CA 91706 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD #57U U N U N 8227 necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I - Coverage A - Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: a. We have used up the applicable limit of insurance in the payment of judgments or settlements; or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co- "employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; SECTION 11- WHO IS AN INSURED (c) For which there is any obligation to share 1. if %lo re designated in th Declarations s tdamarfes with or renay someone else who �� J .. �..,. n i the vc�.iai ouv� io as: a" r., someone �.. vv a. An individual, you and your spouse are insureds, must pay damages because of the injury described in Paragraphs 1 a or _Lb) above- but - - - - -- - �zsnty vvith�r�e�fsect- to- ti�e�ndnct- of -�busi -Hess -- or - -- of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees and Volunteer workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees ", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees ", "volunteer workers ", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker "), or any organization while acting as your real estate manager. c. Temporary Custodians of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will HG 00 01 06 05 Page 9 of 18 57UUNUN8227 have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired or Formed Organization 5. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co- "employee" of the person operating the watercraft; or b. "Property ch damage" to property owned by, rented to, in the arge of or occupied by you or the employer Any organization you newly acquire or form, other than of any person who is an insured under this + w: venture limited , �:�:�., nrnviginn a partnership, joint venture or III II�ted liability company, ' and over which you maintain financial interest of more 6. Additional Insureds When Required By Written _sstas1(__yaa ___. Contract Written Agroonmcnt fir Pormit__ Insured if there is no other similar insurance available The following person(s) or organization(s) are an to that organization. However: additional insured when ou have a reed in n written a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co- "employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. Y g I contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard ". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; Page 10 of 18 HG 00 01 06 05 #57UUNUN8227 (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations c. Lessors of Land or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers or Surveyors performed at the vendor's premises in Any architect, engineer, or surveyor, but only with connection with the sale of the product; respect to liability for "bodily injury", "property (g) Products which, after distribution or sale by damage" or "personal and advertising injury" you, have been labeled or relabeled or used caused, in whole or in part, by your acts or as as gr , of -and omissions or the acts or omissions of those acting edierrt— - other thing or substance by or for the on your behalf: vendor; or (1) In connection with your premises; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub- paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products- completed operations hazard ". HG 00 01 06 05 Page 11 of 18 #57UUNUN8227 f. Any Other Party Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products- completed operations hazard ", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured; and c. Persons or organizations making claims or bringing "suits ". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard'; and c. Damages under Coverage B. 3. Products - Completed Operations Aggregate Limit The Products - Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products- completed operations hazard" (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included 4. Persona! and Advertising Injury Limit within the "products- completed operations Subject to 2. above, the Personal and Advertising -- - - - - -- Injury Limit is rage -B -- With respect to the insurance afforded to these for the sum of all damages because of all "personal additional insureds, this insurance does not apply and advertising injury" sustained by any one person or to: organization. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds under this provision is described in Section III — Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV — Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION 111 — LIMITS OF INSURANCE 1. The Most We will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or 5. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one 'occurrence ". 6. Damage To Premises Rented To You Limit Subject tcs 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be Page 12 of 18 HG 00 01 06 05 #57UUNUN8227 added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: a. The limits of insurance specified in the written contract or written agreement; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV - COMMERCIAL GENERAL LIABILITY cr%Nrn1rinN0 (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit "; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insureds Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. - - - - - However, this provision does not apply to the 1. Bankruptcy extent that you have agreed in a written contract or Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations and non - contributory with the additional insured's under this Coverage Part. own insurance. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit "; (2) Authorize us to obtain records and other information; f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such. "occurrence ", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or HG 00 01 06 05 Page 13 of 18 #57UUNUN8227 that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non - Contributory To Other Insurance When Required By Contract (1) Your Work If you have agreed in a written contract, written agreement, or permit that this That is Fire�ExtPnrlPrl C nvPragP R�iilrlPr's Risk Timmy—aT1d__T1on-co7n1ributofy- Installation Risk or similar coverage for "your with the additional insured's own insurance, work "; this insurance is primary and we will not (2) Premises Rented To You seek contribution from that other insurance. That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use_ of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability; (5) Property Damage to Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. Page 14 of 18 HG 00 01 06 05 #57UUNUN8227 If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. insured will bring "suit" or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient G. The first Named Insured must keep records of the proof of notice. SECTION V — DEFINITIONS information we need for premium computation, and send us copies at such times as we may request. 1. "Advertisement" means the widespread public 6. Representations dissemination of information or images that has the purpose of inducing the sale of goods, products or a. When You Accept This Policy services through: By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; or b. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement ". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment ". 5. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. HG 00 01 06 05 Page 15 of 18 Policy #57UUNUN8227 COMMERCIAL AUTOMOBILE HA 99 19 09 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL ! BROAD FOR11 ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A L+.�L..' J u_...�.. royerprl "auto" xmil don't own, hire or A au'-sidiaries and Newly Acquired or Formed Organizations borrow in your business or your personal affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legally incorporated subsidiary in Paragraph A.I. - WHO IS AN INSURED - of which you own more than 50% of the Section II - Liability Coverage is amended to voting stock on the effective date of the add: Coverage Form. However, the Named e. The lessor of a covered "auto" while the Insured does not include any subsidiary "auto" is leased to you under a written that is an "insured" under any other agreement if: automobile policy or would be an (1) The agreement requires you to "insured" under such a policy but for its provide direct primary insurance for termination or the exhaustion of its Limit the lessor and of Insurance. (2) Any organization that is acquired or (2) The "auto" is leased without a driver. formed by you and over which you Such a leased "auto" will be considered a maintain majority ownership. However, covered "auto" you own and not a covered _ the Named Insured does not include any "auto" you hire. newly formed or acquired organization: D. Additional Insured if Required by Contract (a) That is a partnership, joint venture (1) Paragraph A.I. - WHO IS AN INSURED or limited liability company - of Section II - Liability Coverage is (b) That is an "insured" under any other amended to add: Policy, f. When you have agreed, in a written (c) That has exhausted its Limit of contract or written agreement, that a Insurance under any other policy, or person or organization be added as (d) 180 days or more after its an additional insured on your acquisition or formation by you, business auto policy, such person or unless you have given us notice of organization is an "insured ", but only the acquisition or formation. to the extent such person or Coverage does not apply to "bodily organization is liable for "bodily injury' or "property damage" that results injury" or "property damage" caused "insured" from an "accident" that occurred before by the conduct of an under you formed or acquired the organization. paragraphs a. or b. of Who Is An Insured with regard to the B. Employees as Insureds ownership, maintenance or use of a Paragraph A.I. - WHO IS AN INSURED - of covered "auto." SECTION 11 - LIABILITY COVERAGE is amended to add: © 2010, The Hartford (Includes copyrighted material Form HA 99 19 0910 of 130 Properties, Inc., with its permission.) Page 1 of 5 Policy #57UUNUN8227 The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such 144.4' I' u d i th 1 r f' E. Primary and Non - Contributory if Required by Contract Only with respect to insurance provided to an additional insured in I.D. - Additional Insured If Required by Contract, the following provisions apply: (3) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (4) Primary And Non - Contributory To Other Insurance When Required By Contract a r Iona ms re s a esse o . If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non - contributory with the -- -agreement —ar -- -- additional insuTez%--­ovVrT InsUrance this (b) The Limits of Insurance shown in insurance is primary and we will not the Declarations. seek contribution from that other Such amount shall be apart of and not insurance. in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does riot apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory, with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person.or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. Paragraphs (3) and (4) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance,-we will pay only our share `of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in Other Insurance 5.d. 2. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: © 2010, The Hartford (Includes copyrighted material Form HA 99 19 09 10 of ISO Properties, Inc., with its permission.) Page 2 of 5 Policy #57UUNUN8227 If an "employee's" personal insurance also 5, applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in -force covering all of your "employees Coverage is excess over any other collectible insurance_ ' 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive; Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, ten the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss "; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident ", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident ". PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6. LOANILEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto ", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan /lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; tease -- tee;— securtty- -deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. ELECTRONIC EQUIPMENT - BROADENED COVERAGE The exceptions to Paragraphs B.4 - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: a. Exclusions 4.c. and 4.d, do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss ", is: (1) Permanently installed in or upon the covered "auto "; This extension of coverage does not apply to any (2) Removable from a housing unit which is "auto" you hire or borrow from any of your permanently installed in or upon the "employees ", partners (if you are a partnership), covered "auto "; members (if you are a limited liability company), (3) An integral part of the same unit housing or members of their households. any electronic equipment described in Paragraphs a. and b. above; or (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. © 2010, The Hartford (Includes copyrighted material Form HA 99 19 09 10 of ISO Properties, Inc., with its permission.) Page 3 of 5 Policy #57UUNUN8227 b.$1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph b.(1) above or is an integral part of that equipment; or CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are• a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS (3) An integral part of such equipment. If you unintentionally fail to disclose any hazards c. For each covered "auto ", should loss be existing at the inception date of your policy, we limited to electronic equipment only, our will not deny coverage under this Coverage obligation to pay for, repair, return or replace Form because of such failure. damaged or stolen electronic equipment will 14. HIRED AUTO - COVERAGE TERRITORY be reduced by the applicable deductible shown Paragraph e. of GENERAL CONDITIONS 7. - in the Declarations, or $250, whichever POLICY PERIOD, COVERAGE TERRITORY - of _ -- -dedus *moo ;sus 1V = t3tiStNESS77�U - - -- 9. EXTRA EXPENSE - BROADENED COVERAGE is replaced by the following: Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR -WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident ", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) if the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT, For short -term hired "autos ", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 15. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS is replaced bythe following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph, 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: O 2010, The Hartford (Includes copyrighted material Form HA 99 19 0910 of ISO Properties, Inc., with its permission.) Page 4 of 5 Policy #57UUNUN8227 If we cancel for any reason other than nonpayment nfpremium, we will mail notice of cancellation by registered or certified mail to the first Named Insured at least 60 days before the effective date ofcancellation. IS. HYBRID PAYMENT COVERAGE In the event ofototal loss to a "non-hybrid" auto for which Comprehensive, Specified Causes of Loee, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended usfollows: o.|f the auto is replaced with a''hybhd^ auto, mm will pay an additional 10%' to maximum of $2.500. of the "non'hybrid"eoto'u actual cash value or replacement cost, whichever isless, U.The auto must ba replaced and a copy ofubill oy sale or new lease agreement received byum within §0 calendar days of the date of^|nua'° c. Regardless of the number ofautos damaged in I anyone "loss", the most we will pay under this Hybrid Payment Coverage provision for anyone 'mss/swu.vuo. For the purposes of the coverage provision, u.A "non-hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto. b.A "hybhd" auto iadefined as an auto with an in0ymo| combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the autu, or the internal combustion engine to change one or more electric motors, which move the auto. 9) 2010, The Hartford (includes copyrighted material Form HA 99 19 09 10 of ISO Properties, Inc., with its permission.) Page 5 of 5 IM muP CITY OF BALDWIN PARIJEM NO. -.1 - __ C% FF REPORT 41-'UBJEI-T: NOTICE OF COMPI ETION INSTALLATION OF A TRAFFIC SIGNALS AT THE BALDWIN PARK BOULEVARD / STEWART AVENUE AND FRAZIER STREET / FOSTER 4VENUE INTERSECTIONS uauigm� The purpose of this report is to provide an overview of the completed work; to request City Council consideration of the project's acceptance, and contract closeout; and to authorize filing a Notice of Completion. On June 6, 2012, the City Council awarded a construction contract to PTM General Engineering Service, Inc. in the amount of $267,350 for the installation of traffic signals at the intersection of Baldwin Park Boulevard and Stewart Avenue and at the intersection of Frazier Street and Foster Avenue. This contract also included installing signs, striping, pavement markers, and new curb ramps to meet accessibility standards. Construction began on August 2, 2012 and was completed on February 25, 2011 City staff pre-ordered long lead items such as the traffic signal poles, which take about 12 to 14 weeks to manufacture, prior to award of contract to expedite project completion. Traffic signals were installed at these two intersections based on the heavy vehicular and pedestrian traffic generated by nearby schools, and the accident history of these intersections. A total of $26,602 in change orders were added to the contract to cover traffic and pedestrian safety features that were not included in the original plans, and for the unforeseen special requirements of Southern California Edison to allow for the installation of the traffic signals near existing high voltage overhead power lines. Notice of Completion, Traffic Signals Installation April 3, 2013 FISCAL IMPACT Page 2 of 3 There is no fiscal impact to the General Fund associated with this project. The City obtained a funding allocation of $190,000 from Prop 1 B and Measure R funds for the delivery of this project. The following tables summarize the funding sources and expenditures: Available Funds Traffic Congestion Relief 160,000 Measure R 150,000 Carrillo Family-Donation 400 Total 310,400 Authorized Construction Expenditures Construction Contract 267,350 10% Contingency 26,735 Total 294,085 Expenditures To Date Design Engineering 15,000 Construction Contract 267,350 Contract Change Orders 26,602 Total (including project retention) 308,952 The Carrillo Family generously provided a donation for this project. Remaining project funds will be carried over and reallocated to future eligible projects. It is recommended that the City Council: 1. Accept the construction improvements by PTM General Engineering Service, Inc. and authorize the recordation of a Notice of Completion; and 2. Authorize the release of $29,395 in project retention to PTM General Engineering Service, Inc. upon expiration of the 35 -day lien period. ATTACHMENTS 1. Notice of Completion When Recorded Return To: City of Baldwin Park Department of Public Works 14403 East Pacific Avenue Baldwin Park, CA 91706 This Space for Recorder's Use On NOTICE OF COMPLETION Attachment 1 Notice is hereby given that the certain work of improvement known as: Traffic Signals installation Project for the City of Baldwin Park was accepted by the City Council on: April 3, 2013. The work of improvement was performed and completed by: PTM General Engineering Service, Inc. on February 25, 2013. The undersigned, being duly sworn, is the Director of Public Works for 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. Is • • By: Date: Daniel Wall, P.E. Director of Public Works /City Engineer NOTARY PUBLIC CERTIFICATE ) STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS On this day of , 20 before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed this instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature �J �Aft DATE: April 3, 2013 SUBJECT: AUTHORIZE THE CHIEF EXECUTIVE OFFICER TO EXECUTE A A LOCAL CONSULTANT SERVICES AGREEMENT WITH THE LOCAL GOVERNMENT COMMISSION TO MANAGE THE SAFE ROUTES TO SCHOOL MASTER PLAN UPDATE FOR A FEE NOT TO EXCEED $235,000 101-:1900 This report requests that City Council authorize the Chief Executive Officer to execute a Consultant Services Agreement with the Local Government Commission (LGC) to manage the Safe Routes to School Master Plan update for a fee not to exceed $235,000, attached hereto as an Attachment. In early 2012 the State of California Department of Transportation (Caltrans) issued a request for applications for Fiscal Year 2012/2013 Transportation Planning Grant Programs. An estimated $3 million were available for the grant cycle. All projects will require a local match equal to 10% of the grant total (7.5% must be local funding and 2.5% may be in-kind). The maximum grant that can be awarded under the Environmental Justice Planning Grant Program is $250,000. According to Caltrans: "Transportation Planning Grants are intended to promote strong and healthy communities, economic growth, and protection of our environment. These planning grants promote closer placement of jobs and housing, efficient movement of goods, community involvement in planning, safe and convenient pedestrian and bicycle mobility and access, smart or strategic land use, and commute alternatives. The final results of these grants should lead to the adoption, initiation and programming of transportation improvements that improve mobility, access, and economic vitality." This grant is intended to promote the involvement of low-income and minority communities in the planning for transportation projects to prevent or mitigate disproportionate, negative impacts while improving mobility, access, safety, and opportunities for affordable housing and economic development. Execute Consultant Services Agreement with the LGC Page 2 of 3 April 3, 2013 On March 21, 2012, the City Council approved Resolution 2012-014 that authorized staff to enter into a contract with Caltrans should the City receive grant funding for a proposal to update the City's Safe Routes to School Plan. At that time, staff was in the process of finalizing the grant proposal and an exact dollar amount had yet to be determined. As a result, an approximate amount ($185,000) was added to the staff report and resolution in order to meet the deadline for the submittal. After receiving City Council approval, staff worked with our grant partner, Local Government Commission (LGC), and determined a grant proposal in the amount of $235,000. On September 19, 2012, the City Council approved an amendment to Resolution 2012-14 that updated the amount of grant funds being requested. Staff received notice from Caltrans that the City's application was selected for funding in FY 2012/2013 in the amount of $235,000. On December 19, 2012 the City executed a Fund Transfer Agreement with Caltrans which details the City's and Caltrans' responsibilities regarding the grant funds. DISCUSSION The focus of the grant is to update the City's Safe Routes to School Plan (Plan) with a bicycle and pedestrian safety enhancement component. The City's current Plan, which was adopted in 1995, is outdated and does not reflect the physical improvements that have been made to date nor does it reflect new recommendations based on enhanced technology and planning models. Under this grant, the City will partner with the Local Government Commission (LGC), a nonprofit who was listed as a sub-applicant in the grant application, and their sub-consultant, the California Center for Public Health Advocacy (CCPHAA). Over the past ten years the LGC has managed over 40 Caltrans Environmental Justice and Community-Based Transportation Planning projects, including a highly successful project for the City of Baldwin Park in 2008/2009. The LGC, in collaboration with the City, will manage the creation of an updated Safe Routes to School Master Plan, including procuring a design consultant to incorporate design elements in the updated plan and staging charrettes to engage the public, school administrators, and policyrnakers to include their input in the design process. The Plan will implement a program of protective and preventative measures to decrease the accident potential for student pedestrian/cyclists and to provide the best possible safety environment for all students who walk and bike to school. The strategy to a Safe Routes to School Program is to concentrate students along designated travel routes and to ensure that those selected routes provide the highest level of safety and protection for the student pedestrian/cyclist. The project will also provide updated Safe Routes to School Maps prepared for all schools in the City. The map for each school will depict the surrounding community, preferred routes to school, and traffic control devices to ensure that each route is as Execute Consultant Services Agreement with the LGC Page 3 of 3 April 3, 2013 safe as possible. The School District will be able to use these maps to educate their students and parents as to the recommended route and to demonstrate the concept of safe pedestrian protection. The new Safe Routes to School Plan will involve the coordinated partnership with the Baldwin Park Unified School District, School Police, the City's Police Department and other various Departments for the implementation and enforcement of the Plan. This grant presents an opportunity to continue the implementation of the recently adopted Complete Streets Policy, which calls for the creation of a safe and efficient transportation system that promotes the health and mobility of all Baldwin Park residents and visitors by providing high quality pedestrian, bicyclist, and transit user access to all destinatinnc throughout Baldwin Park. There is no impact to the General fund associated with this action. Costs incurred by the LGC will be paid from Caltrans grant funds up to the amount of $235,000. As a condition of the grant award, the City will provide matching funds, 10% of the grant total, totaling up to $23,500, from Measure R funds. RECOMMENDATION Staff recommends that the City Council: 1. Authorize the Chief Executive Officer to execute a Consultant Services Agreement with the Local Government Commission after a review by the City Attorney; and 2. Authorize the CEO /Finance Director to appropriate $235,000 from Grant funds. ATTACHMENT Consultant Services Agreement Attachment CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into on November 7, 2012, by the City of Baldwin Park, a municipal corporation, ( "City ") and The Local Government Commission, Inc., a California corporation ( "Contractor ") (hereinafter referred to as "Contractor "), collectively referred to herein as the Parties. RECITALS. This Agreement is made and entered into with respect to the following facts: a. City desires to engage Contractor to perform the services prescribed in Exhibit 'A," "Scope of Services," attached hereto, to assist the City with providing needed planning services for the initiation and participation in the Safe Routes to School Plan for Baldwin Park in City's jurisdiction, pursuant to the Community -Based Transportation Planning Grant awarded by CalTrans; and b. Contractor is qualified to provide such services and Contractor has agreed to perform such services, subject to the terms and conditions set forth in this Agreement. SECTION 1. SERVICES. Contractor shall serve as an independent contractor to perform the services described in Exhibit "A," "Scope of Services," attached hereto to develop a comprehensive Safe Routes to School Plan with the goal of increasing the number of children that walk and bike their bicycle to work. The contractor will work with the school district, individual schools and parents to identify barriers to walking bicycling and will prepare a plan with detailed recommendations for physical changes to streets, sidewalks and intersections that will support safe and active transportation to all the schools. Contractor shall perform the services in a diligent, competent and professional manner. Neither party may vary scope of services described in Exhibit "A" except as expressly agreed to in writing by the other party. The budgets for direct labor and expenses are based on the services described in Exhibit "A." Any modification of the scope of services may affect direct labor costs and project expenses. 1 SECTION 2. TERM. This Agreement shall commence on February 1, 2013, and shall, unless the Parties agree, in writing, to extend this Agreement, expire upon satisfactory completion of the Scope of Work (as defined below), as reasonably determined by the City, provided, that no compensation in excess of the compensation and reimbursable expenses described in Section shall be due to Contractor. a. Contractor shall at all time, faithfully, competently, and to the best of its principals' abilities, experience and talents, perform all tasks described in this Agreement. b. Contractor shall perform all tasks and responsibilities described in the Scope of Work (Exhibit "A"). C. Contractor shall be knowledgeable of and subject to all City rules and regulations, standard operating procedures, and the supervisory chain of command. Contractor's obligation to perform the services specified in this Agreement shall be excused if the performance is prevented or substantially delayed due to circumstances caused exclusively by others and not directly or indirectly by Contractor, including any such circumstances caused solely by City. Contractor hereby agrees all work products produced, pursuant to Section 1 above, and provided to City during and upon completion of this Agreement, shall be the sole property of City and ownership of said work product shall be retained by City. Contractor shall render no extra services beyond the scope of services described under this Agreement unless such extra services first shall have been duly authorized in writing by the Chief Executive Officer (CEO) of City. Additional services shall be subject to terms agreed to in writing by CEO and Contractor. CEO, or his/her designee, shall have the right of general supervision of all work performed by Contractor and shall be City agent with respect to determining N Contractor's compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the CEO, or his /her designee. a. City agrees to pay Contractor a fee not to exceed Two Hundred Thirty -five Thousand Dollars ($235,000.00) for performing the services of this contract, based on the schedule set forth in Exhibit "A." Expenses incurred by Contractor shall be Contractor's own responsibility. City and Contractor shall agree to fees for any subsequent services prior to approval. Without any intent, expressed or implied, to commit to any increase, if work is deemed acceptable by City then the parties agree to discuss possible future increases. b. Contractor shall not be entitled to any additional benefits such as health insurance, uniform allowance, retirement benefits, sick leave or vacation. C. As part of the compensation described in subsection a., above, Contractor shall be entitled to reimbursement for out -of- pocket expenses incurred in the performance of this Agreement, for those expenses listed in Exhibit "B," "Reimbursable Expenses," attached hereto. d. Contractor shall provide an itemized bill to City on a quarterly basis for work completed in the previous 3 months. The total amount of fees billed and paid shall not exceed the maximum set forth above, unless otherwise approved in writing by the Parties. Payment is due within thirty (30) days after approval of the bill by Chief Executive Officer or his /her designee. The invoice shall include the services provided, the individuals providing those services, the hours spent by each individual and the hourly rates for the individuals providing the service. SECTION 9. TERMINATION. City shall have the right to terminate this Agreement, with or without cause, for any reason, with thirty -days' (30- days') written notice, including the reasons for the termination if for cause. Contractor shall have the right to terminate this Agreement, with cause with thirty -days' (30- days') written notice to City including the reasons for the termination. Termination shall become effective thirty (30) days after delivery of written notice to the other party, unless the termination is for cause and the party receiving the notice cures the reasons given for termination within thirty (30) days after transmittal of that notice. In the event neither City nor Contractor exercises the right to terminate as set forth herein, the Agreement shall automatically terminate upon completion of the work described in Section 1 of this Agreement. I No official or employee of City shall be personally liable to Contractor in the event of any default or breach by City, or for any amount, which may become due to Contractor. SECTION 11. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to City a wholly independent Contractor. Neither City nor any of its officers, employees or agents shall have control over the conduct of Contractor except as expressly set forth in this Agreement. Contractor shall not at any time or in any fashion represent Contractor is in any manner an officer, employee or agent of City. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except as provided in this Agreement, City shall not pay salary, wages, or other compensation to Contractor for performance hereunder for City. City shall not be liable for compensation to Contractor for injury or sickness arising out of performing services hereunder. SECTION 12. LEGAL RESPONSIBILITIES. Contractor shall at all times 'observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments including, but not limited to, the Baldwin Park Municipal Code. City, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of Contractor to comply with this section. SECTION 13. INDEMNIFICATION. Contractor agrees to and shall defend, indemnify, protect and hold harmless City and each of its elected and appointed boards, officers, officials, employees, agents and volunteers (the "Indemnified Parties") from and against any and all claims, demands, lawsuits, defense costs, civil penalties, expenses, causes of action, judgments at law or in equity or liability of any kind or nature which the Indemnified Parties may sustain or incur or which may be imposed upon them for injuries or deaths of persons or damage to property arising out of Contractor's negligence in the performance of this Agreement. This section does not apply to liability arising out of the sole negligence of any of the Indemnified Parties. As required by City's City Attorney, Contractor shall provide a copy of a certificate of insurance for (i) general commercial liability coverage, along with any endorsements, in the amount of $1,000,000.00, naming the Indemnified Parties as additional insureds and (ii) professional liability coverage. Provided that to the extent of any damages, Contractor's obligation to indemnify, protect and hold harmless is to the extent he causes the damages. M This Agreement contains the entire understanding between City and Contractor related to the assignment discussed herein and any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. SECTION 15. SEVERABILITY If any paragraph, section, sentence, clause or phrase contained in this Agreement shall become illegal, null or void or against public policy, for any reason, or shall be held by any court of competent iurisdiction to be illegal, null or void or against j - J— I I I public policy, then the remaining paragraphs, sections, sentences, clauses or phrases contained in this Agreement shall not be affected thereby. SECTION 16. WAIVER. Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof. SECTION 17. BINDING EFFECT. This Agreement shall be binding upon and shall insure to the benefit of the successors of each of the Parties hereto. us] M P-1 MOM A 1.01 , 111121 Lei This Agreement shall be interpreted and construed according to the laws of the State of California and venue shall be in the County of Los Angeles, State of California. SECTION 19. ATTORNEY'S FEES. If litigation is reasonably required to enforce or interpret the provisions of this Agreement, then the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees in addition to any other relief to which it may be entitled. 5 SECTION 20. NOTICE. All notices shall be personally delivered or mailed to the addresses listed below: "CONTRACTOR" Local Government Commission Attn- Anthony Leonard, Project Manager 1303 J Street, Suite 250 Sacramento, CA 95814 Ph: 916 -448 -1198 x 315 "CITY, City of Baldwin Park Attn: Daniel Wall 14403 East Pacific Avenue Baldwin Park, CA 91706 Ph: 626 -813 -5251 SECTION 21. ASSIGNMENT. Neither party may assign any right or obligation under this Agreement withouf the express written approval of the other party. However, LGC may employ persons to work under its direction and control to assist LGC in the performance of the specified services. SECTION 22. ANTIDISCRIMINATION. Contractor certifies and agrees that it will not discriminate against any employee, volunteer, or applicant for employment because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, handicap, or Aids, in accordance with requirements of local, state, and federal law. City shall take affirmative action to assure the qualified applicants are employed, and employees are treated during employment without regard to race, color, religion, national origin, ancestry, sex, age, sexual orientation, handicap, or Aids. Contractor shall comply with all local, state and federal posting and certification requirements. IN WiTNESSETH WHEREOF, the Parties have caused this Agreement to be executed the day and year first above written. Dated: CITY OF BALDWIN PARK Vijay Singhal Chief Executive Officer [Signatures continued from Page 6] ra 221 � • X91 0011 fy, City Attorney Dated: Dated: LOCAL GOVERNMENT COMMISSION, INC. Title Title Exhibit "A" Scope of Services Contractor will perform the following services: Community-Based Transportation Planning to Develop a Comprehensive Safe Routes to School Plan for the City Baldwin Park Scope of Work The City of Baldwin Park will develop a comprehensive Safe Routes to School (SRTS) plan aimed at increasing the number of children that walk and ride their bicycle to ild. e � L school. The City will work with the school district, individual schools, parents and youth to identify barriers to walking and bicycling to school sites. The collective findings will be compiled into a plan with detailed design recommendations for physical changes to streets, sidewalks and intersections to support safe and active transportation to all the schools. The primary objective will be to develop recommendations for infrastructure changes to improve safe walking and bicycling to all 20 schools in the City. The plan will also include recommendations for non-infrastructure programs such as "walking school buses" or "rewards programs" that make use of the other SRTS "E"s, namely Encouragement, Education and Enforcement. These programs can be implemented in the short term to motivate parents and children to walk and ride a bicycle to school and have been proven to be very successful in other cities in the nation. Responsible Parties The City will partner with the nonprofit Local Government Commission (LGC), which is listed as a sub-applicant. Over the past ten years the LGC has managed over 40 Caltrans Environmental Justice and Community-Based Transportation Planning projects (The City and LGC partnered in 2008-2009 on a highly successful EJ project to prepare Complete Streets plans for five major corridors.) As on past projects, the City and LGC will use a participatory community design charrette process to engage parents, students, school administrators, neighbors, and policyrnakers. The nonprofit organization, California Center for Public Health Advocacy (CCPHA) will also be a sub- applicant responsible for outreach to the community, and in particular, low-income, Spanish-speaking residents. The Local Government Commission, in collaboration with the City of Baldwin Park, will manage the project. A firm with expertise in transportation planning, traffic engineering and SRTS will be procured through a competitive RFP process to provide assistance with detailed design recommendations. Responsibilities of each agency/organization are summarized below: Exhibit A Page 1 of 8 City of Baldwin Park. City of Baldwin Park Community Development Department is the lead applicant for this project. The City will be the grant recipient, execute the contract with Caltrans and the sub-recipients. The City of Baldwin Park Community Development Department will review grant products, and perform grant administration functions as required. The City will identify staff members to participate in all aspects of the project. The City will provide staff support to meet the 10 percent cash match. The Local Government Commission (LGC) is a 501(c) 3 non-profit membership organization that has been assisting California local governments for over 30 years. The LGC assists localities in creating more economically environmentally, 'Y I - L sustainable, and civically involved communities. The LGC has extensive experience managing these types of community - driven design projects funded by Caltrans grants throughout California since 2001. Associate Director Paul Zykofsky, AICP, will direct the LGC's work. Mr. Zykofsky was born and raised in Mexico and is fluent in Spanish. He is a nationally certified Safe Routes to School facilitator and has conducted workshops at over 30 schools since 2005. He also has conducted over a dozen SRTS workshops in Spanish. He will be assisted by a Project Manager with expertise in organizing community design charreftes. The California Center for Public Health Advocacy (CCPHA) is a nonprofit 501(c) 3 organization that has been working in Baldwin Park since 1999 on creating a healthier community. CCPHA has been the lead organization for multiple regional initiatives, including, Healthy Kids Healthy Communities (HKHC), First 5 LA, RENEW, and the Healthy Eating Active Communities (HEAC) project. CCPHA convenes, People on the Move, a community-based collaborative that includes over 20 organization partners, committed to improving the health of residents and children in Baldwin Park through changes in food access and the built-environment. CCPHA is responsible for the implementation of all grassroots community organizing and leadership development toward changes to the built environment in Baldwin Park. CCPHA will lead all community participation aspects of the grant including ensuring a well-established resident advisory group in Baldwin Park to expand communication with the City on all environmental justice and transportation issues affecting health and quality of life. The city currently sustains a strong partnership with the People on the Move collaborative initiatives in Baldwin Park. CCPHA and People on the Move partners will support the city in all community engagement strategies. Task 1: Project Planning and Coordination Task 1.11: Project Kickoff Meeting Exhibit A Page 2 of 8 Baldwin Park City staff will conduct a kickoff meeting with Caltrans District staff to discuss grant procedures and project expectations including invoicing, quarterly progress reports, and other relevant project information. LGC staff will join in via conference call. (Month 1) - Responsible Party: City of Baldwin Park Task 1.2: Contracting with Sub-Applicants City staff will prepare subcontracts with the Local Government Commission (LGC), the sub-applicant on this grant who will be in charge of the day-to-day implementation of this planning project. The LGC, in turn, will contract with CCPHA, the non-profit organization that will be responsible for community outreach on this project. (Month 2) ® Responsible Party- City of Baldwin Park Task 1.3: RFP for Consultant Services LGC, in coordination with City staff, will prepare a Request for Proposals to solicit a transportation planning/engineering firm with expertise in Safe Routes to School that can provide the necessary technical expertise. The RFP will follow the proper procurement procedures established by Caltrans for these projects. (Months 2-3) ■ Responsible Party: Local Government Commission Task 1.4: Assemble Advisory Group LGC, in coordination with City staff and CCPHA, will assemble a community Advisory Group to provide input as the project moves forward. The Advisory Group will include City staff, School District staff, representatives from service organizations, faith-based community, businesses, neighborhood leaders, youth, and other interest groups that reflect the demographics and perspectives of the community. The Advisory Group of 8 to 12 representatives from agencies and the community will be consulted throughout the project and serve as a sounding board. The Advisory Group will be consulted to ,schedule mini-charrettes at the schools, identify additional players, determine strategies to engage all segments of the community, maximize community participation, and to develop infrastructure recommendations to improve safe walking and bicycling to schools. (Month 3) ■ Responsible Party: Local Government Commission Task 1.5: Collect Data on Existing Conditions LGC will work with the City and other sources to collect and organize available information on existing conditions for the project areas, including area photos, traffic volumes, crash data, regional transportation plans, state route planning and construction plans, aerial and base maps, General Plan and other policy documents, development standards and regulations, and other relevant studies. (Months 4-5) ® Responsible Party: Local Government Commission Exhibit A Page 3 of 8 Task 1.6: Prepare Base Maps LGC will coordinate with consultant to prepare base maps for consultant team design and analysis work and for use at charrette design tables. (Month 5) - Responsible Party- Local Government Commission Task 1.7: Pre-Charrette Visit LGC will conduct a one-day pre-charrette visit to coincide with the first Advisory Group meeting (see Task 2.1) to meet with the project partners and selected stakeholders, and tour and photograph the area to assess existing conditions. (Month 5) ■ Responsible Party.- Local Government Commission Task 1.8: Ongoing Coordination LGC will work with City Staff and subconsultants throughout the project to coordinate all aspects of work. (Month 2-22) ■ Responsible Party- Local Government Commission Task Deliverables 1.1 Copy of Agenda, Copy of Participant List 1.2 Copy of signed subcontracts with LGC and CCPHA 1.3 Copy of Procurement Procedures, Copy of RFP, Copy of Distribution List, Copy or copies of signed consultant contract(s) 1.4 Copy of Advisory Group members list 1.5 List of collected planning data 1.6 Digital copies of aerials, maps 1.7 Agenda, participant list, notes, digital photos 1.8 Notes Task 2: Outreach and Publicity LGC will work closely with CCPHA and the City to conduct publicity and community outreach throughout the course of the project. Task 2.11: Advisory Group Meeting #1 The first Advisory Group meeting will be held in Baldwin Park with participation from the City, LGC, CCPHA and the consultant team. The key items on the agenda will include: Scheduling and logistics for the mini-charrettes (in seven different neighborhoods that will cover all 17 schools), developing a list of key stakeholders to invite, identifying problem areas to study, and identifying strategies for engaging residents, in particular underrepresented residents. School sites will be grouped by neighborhood and depending on the neighborhood size, might require mini-charrettes to run for two, three Exhibit A Page 4 of 8 or four days. Caltrans district staff will be invited to the Advisory Group meetings. (Month 5) ■ Responsible Party: Local Government Commission Task 2.2: Produce Outreach Material LGC, in coordination with CCPHA, will produce flyers and posters publicizing the charrette for community -wide distribution. Flyers will also be produced in Spanish to reach predominantly Spanish - speaking households. (Month 6) ■ Responsible Party: Local Government Commission Task 2.3: Distribute Outreach Material The City, local businesses, community based organizations, school based liaisons, religious and service organizations, Baldwin Park Resident Advisory Committee leaders will be asked to distribute flyers and information about the charrette through their communication networks. Elementary and Middle /Junior High Schools will be asked to send flyers home with their students. CCPHA will distribute flyers to neighborhood residents through community churches and other identified channels. (Months 6 -8) ■ Responsible Party: CCPHA Task 2.4: Media Outreach LGC, in coordination with CCPHA will develop announcements and press releases /alerts for distribution and outreach to local media. The project partners will work on setting up community wide signs or banners announcing events. Information will be posted on the City and School District website, community marquee and local paper, Baldwin Park NOW. (Months 6 -8) im Responsible Party: CCPHA Task 2.5: Advisory Group Meeting #2 A second Advisory Group meeting will be held approximately one month before the first mini - charrettes to assist with outreach and develop leader roles for charrette facilitation. (Month 8) ■ Responsible Party: Local Government Commission Task Deliverables 2.1 Agenda, participant list, meeting notes, schedule of mini - charrettes 2.2 Flyers, posters, etc. 2.3 List of distribution methods and locations 2.4 Press advisories, List of media contacts 2.5 Agenda, participant list and meeting notes Exhibit A Page 5 of 8 Task 3: Mini- Charrette Events The mini - charrettes are the centerpiece of this community -based planning project and will take place over a two -month period. The purpose of the events will be to work with residents to establish guiding principles, identify problems, and discuss proposed strategies to increase walking and bicycling to schools. Strategies will include street and intersection designs that improve safety for walking and bicycling, changes to the drop - off and pick -up procedures at the school to reduce, chaos around the school, and the full range of non - infrastructure programs (including education, encouragement, enforcement and evaluation) that can support more walking and bicycling. The Local Government Commission will coordinate all charrette activities with assistance from City staff, CCPHA and the consultant team with expertise in designing for all transportation modes. To prepare community members to participate in the charrette, CCPHA will organize a series of educational workshops prior to the mini- charrette events. Task 3.11: Pre Charrette workshops CCPHA will organize a 6 -part series of educational workshops for residents to provide them with the information and skills they need to help develop Safe Routes to School Plans. The 90- minute, weekly workshops will be offered in English and Spanish and include homework. Participants will be encouraged to walk their neighborhoods around school sites to assess perceptions of safety and barriers to walking and bicycling to school. (Months 7 -8) ■ Responsible Party: CCPHA Task 3.2: Community Mini - Charrettes The seven mini- charrettes will be organized by neighborhood and, depending on the number of schools in each neighborhood, will run for two, three of four days. Issues at all 17 elementary and middle /junior high schools will be addressed. Each mini- charrette will consist of the following events: • Observation of the morning arrival of students at the school. • Morning workshop with parents, school staff and school police to discuss the key elements of Safe Routes to School programs. ■ Walkability Audit around the school to identify the challenges children face in walking or bicycling to school. ■ Design table exercise after Walkability Audit where parents, staff and neighbors will be able to draw or write their comments and ideas on aerial photographs of the area around the school. ■ Activity with a 5th or 6th grade class that asks children to draw their route to school. ■ A closing event at a later date, possibly at a Parents Teachers Association meeting to present the recommendations. (Months 9 -10) ■ Responsible Party: Local Government Commission Task I Deliverables Exhibit A Page 6of8 3.1 List of workshop participants, digital photos, copies of presentations 3.2 List of mini - charrette participants, Summary of process and results, Digital photos of workshops, walk audits, focus groups, Meeting /workshop notes, Copies of presentations Task 4: Draft and Final Plan Task 4.1: Plan Outline Two weeks after the mini - charrettes, the project team (LGC and consultants) will prepare an outline of the SRTS Plan and a list of any additional questions, concerns or critical or controversial issues that might have emerged during or after the charrette. These documents will be circulated to selected stakeholders including City and School District staff, and the Advisory Group for comment. (Month 12) ■ Responsible Party: Local Government Commission Task 4.2: Advisory Group Meeting #3 Two weeks after circulating the outline and list of pending issues, the project team will meet with the Advisory Group and other key stakeholders to discuss the outline, resolve any issues that might still be pending and review proposed concepts developed during and after the charrette. (Month 10) is Responsible Party: Local Government Commission Task 4.3: Administrative Draft Plan Within two to three months after the charrette, the project team will prepare and circulate an administrative draft plan for review by City staff and members of the Advisory Group. The report will include recommendations to improve conditions for walking and bicycling to all elementary and middle/ junior high schools in Baldwin Park. The report will include conceptual designs, recommendations and development standards for improved road safety and operations, pedestrian, bicycle and transit facilities, and enhanced streetscapes. The plan will also contain a record of the charrette process, proposed timing and prioritization for implementation of the recommendations, and potential funding sources. (Months 11 -13) Responsible Party: Local Government Commission Task 4.4: Draft Plan Comments The LGC will circulate the draft plan to City and School District staff, School Police, Caltrans staff and the Advisory Group for feedback. City staff will collect and review all comments and provide a comprehensive set of consistent comments to the LGC project team. (Month 14) Exhibit A Page 7of8 ® Responsible Party: Local Government Commission Task 4.5: Final Plan The LGC and consultant team will make one round of revisions and finalize the plan. (Months 15 -16) ■ Responsible Party: Local Government Commission Task 4.6: Present Plan to Policymakers LGC, members of the consultant team and community leaders will present the SRTS Plan at a City Council meeting to consider for adoption by reference or amendment to other policy documents and for incorporation into work programs. The SRTS Plan will also be presented at a School Board meeting to consider for adoption by reference or amendment to other policy documents and for incorporation into work programs. (Month 17) IS Responsible Party: Local Government Commission Task Deliverables 4.1 Copies of outline, List of critical issues 4.2 Agenda, participant list and meeting notes 4.3 Copies of administrative draft plan in PDF format 4.4 Copies of comments on draft plan 4.5 Copies of 40+ page plan in PDF and hard copy formats, and web -ready files for public access 4.5 Copies of presentations, agendas, participant lists and notes from the meetings Task 5: Administration Grant administration will be handled by the City of Baldwin Park, including contracting, submission of progress reports, accounting, invoicing and provision of documentation as required by Caltrans. Task 5.1: Quarterly Reports The City will prepare quarterly reports for submittal to Caltrans. (Months 5, 8, 11, 14, 17,20) Responsible Party: City of Baldwin Park Task 5.2: Fiscal Administration The City will be responsible for keeping all the necessary accounting records for the project and will submit invoices to Caltrans on a quarterly basis. (Months 2 -20) ■ Responsible Party: City of Baldwin Park Task Deliverables 5.1 Quarterly reports 5.2 Invoices and other documentation as required by Caltrans Exhibit A Page 8of8 Exhibit "B" Reimbursable Expenses Reimbursable expenses for the following shall be permitted: 1. Telephone calls 2. Printing of draft and final report and other misc. printing 3. Travel expenses 4. Misc. supplies for workshops 5. As otherwise approved by City's Chief Executive Officer, as his/her discretion Page 1 ofl P - A - R - K ffel Ia To]J,I CITY OF BALDWIN PARK APR h e; i NO. - - L4 Honorable Mayor and Members of the City Council Daniel Wall, Director of Public Works ° �— i�l,i : - 7arms-IsZow, STAFF REPORT SUBJECT: RESOLUTION 2013 -008 AUTHORIZING THE CHIEF EXECUTIVE OFFICER T O EXECUTE PROGRAM SUPPLEMENT 1 NO. 015 -N TO ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 07 -5323R I `111:7 This report requests City Council consider the adoption of Resolution 2013 -008, authorizing the Chief Executive Officer to execute Program Supplement No. 015 -N to Administering Agency -State Agreement for Federal -Aid Projects No. 07- 5323R, for the Maine Avenue Complete Streets Project. On August 17, 2011, the City Council adopted a comprehensive Complete Streets Policy which solidified the City's commitment to provide and improve pedestrian access and mobility throughout Baldwin Park, as identified in the City's General Plan. The implementation of the policy will help create a safe and efficient transportation system that promotes the health and mobility of all Baldwin Park residents and visitors by providing high quality pedestrian, bicycling, and transit access to all destinations throughout the City. On May 2, 2012, the City Council adopted a living streets manual to help implement the complete streets policy. The manual provides guidelines and standards for transportation improvements so that they are planned, designed, constructed, operated, and maintained in a consistent manner which encourages walking, bicycling and transit use while promoting safe operations for all users. Maine Avenue, between Los Angeles Street and Arrow Highway, was identified as a priority location that will benefit greatly by the implementation of the Complete Street Policy and the Living Streets Manual guidelines and standards. Staff is currently in the process of selecting a Design Consultant to design the varied street improvements that will bring the City closer to having streets that are safe to walk and cycle, offer places for people to meet, link healthy neighborhoods and destinations, provide access to physical activity, and provide a city -wide connected network. Authorize CEO to Execute Program Supplement No. 015 -N Page 2 of 2 April 3, 2013 DISCUSSION The Maine Avenue Complete Streets Projects will be funded by several different funding sources. Recently the City was awarded a federally funded, Safe Routes to Schools Grant of $50,000, which requires a $10,000 City match, for the construction of pedestrian walkways along Maine Avenue, between Arrow Highway and Los Angeles Street. As a condition to funds disbursement, the City must execute Program Supplement Agreement No. 015 -N (attached), which contains specific technical information regarding the project, such as detailed cost, scope, and schedule. The program supplement agreement also details how work, payments, reports, and all other aspect of the project must occur. Program Supplement Agreement No. 015 -N combines with the current Master Agreement No. 07- 5323R, to define the Federal- State -Local Agency relationship for this federally funded grant. The table below shows a summary of the funding sources for federal project number SRTSL- 5323(031): FUND SOURCE AMOUNT Federal Safe Routes to Schools Grant (this item) $ 50,000 City Match (this item) $ 10,000 Federal Safe Routes to Schools Grant Cycle 3 $1,000,000 State HP UL 5323(028) $260,970 State Safe Routes to Schools $450,000 TOTAL FUNDING $ 11770,970 FISCAL IMPACT There is no fiscal impact associated with the execution of this program supplement. The City's required match will come from TDA Article 3 funds. RECOMMENDATION Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution No. 2013 -008, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO ADMINISTER THE EXISTING MASTER AGREEMENT NO. 07 -5323R AND TO EXECUTE THE PROGRAM SUPPLEMENT AGREEMENT NO. 015 -N." ATTACHMENTS 1. Resolution 2013 -008 2. Program Supplement No. 015 -N to Administering Agency -State Agreement for Federal -Aid Projects No. 07 -5323R Attachment 1 :T:t 01ItIlIus]L, 11,,,1001WIZK • • • • =11 N, . • -- i. • ♦ . # • a. • r. WHEREAS, the City of Baldwin Park is eligible to receive Federal and /or State funding for Transportation Projects; and WHEREAS, the Federal and /or State Agencies revised the programming and funding process for Transportation Projects, which are incorporated into new Master Agreements; and WHEREAS, Master Agreements, Program Supplement Agreements, Fund Exchange Agreements and /or Fund Transfer Agreements need to be executed with Federal and State Agencies including the California Department of Transportation before such funds could be claimed; and WHEREAS, the City of Baldwin Park wishes to delegate authorization to execute these agreements and any amendments thereto to the Chief Executive Officer or his designee. SECTION 1. That the above recitals are all true and correct. SECTION 2. That the City of Baldwin Park agrees to comply with all conditions and requirements set forth in the Master Agreement and applicable statutes, regulations, and guidelines for all federally and /or State funded Transportation Projects. SECTION 3. That the Mayor and City Council approved Master Agreement which is effective June 1, 2009 to June 30, 2019, and all Program Supplements and any Amendments thereto, for Federally and /or State Funded Projects. SECTION 4. That the Chief Executive Officer or his designee be authorized to execute the Program Supplement Agreement No. 015 -N and any Amendments thereto for federally and /or State Funded Projects. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. i� JR., 9., ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I 1, Alejandra Avila, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2013-008 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on April 3, 2013 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES- COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN- COUNCIL MEMBERS: ALEJANDRA AVILA, CITY CLERK Attachment 2 PROGRAM SUPPLEMENT NO. N015 Adv Project ID Date: March 1, 2013 to i 0713000293 Location: 07- LA -0 -BWP ADMINISTERING AGENCY -STATE AGREEMENT Project Number: SRTSL- 5323(031) FOR FEDERAL -AID PROJECTS NO 07 -5323R E.A. Number: Locode: 5323 This Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 08/27/09 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached). The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages. PROJECT LOCATION: Maine Ave between SR83(Arow Hyw) and Los Angeles Street TYPE OF WORK: Pedestrian Walkway LENGTH: 0.0(MILES) Estimated Cost Federal Funds _ Matching Funds LU2E $50,000.00 LOCAL_ OTHER $60,000.00; $10,000.00 $0.00 CITY OF BALDWIN PARK STATE OF CALIFORNIA Department of Transportation By Title Date Attest By Chief, Office of Project Implementation Division of Local Assistance Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Office Date ' _ $50,000.00 Chapter Statutes Item Year Program BC Category Fund Source AMOUNT Program Supplement 07- 5323R -N015- ISTEA Page 1 of 4 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV. 01/2010) TO: STATE CONTROLLER'S OFFICE Claims Audits Page 1 of _t_ TE PREPARED: PROJECT NUMBER: 3/412013 0713000293 3301 "C" Street, Rm 404 (REQUISITION NUMBER / CONTRACT NUMBER: Sacramento, CA 95816 L RQS -2660- 071300000903 -1 FROM Department of Transportation SUBJECT: Encumbrance Document VENDOR/ LOCAL AGENCY: CITY OF BALDWIN PARK PROCUREMENT TYPE: Local Assistance ADA Notit For individuals with sensory disabilities, this document is available in alternate formats. For information, call (915) 654 -6410 of TDD (916) -3880 or write Records and Forms Management, 1120 N. Street, MS -89, Sacramento. CA 95814. VC 23642 # 1 SRTSL- 5323(031 ) SPECIAL COVENANTS OR REMARKS 1. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 2. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). 3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations /obligations for Federal aid projects, or encumberances for State funded projects, as well as to suspend invoice payments for any on -going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six -month period. If no costs have been invoiced for a six -month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. 4. The Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal - assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal - assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and /or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq. ). 5. As a condition for receiving federal -aid highway funds for the PROJECT, the Program Supplement 07- 53238 -N015- ISTEA Page 2 of 4 SRTSL- 5323(031) SPECIAL COVENANTS OR REMARKS Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Excluded Parties List System (EPLS). 6. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; it order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. 7. 1. ADMINISTERING AGENCY agrees to administer PROJECT in accordance with the applicable SRTS Program Guidelines under which the project was selected. ADMINISTERING AGENCY agrees to the program delivery and reporting requirements established for the applicable SRTS Program cycle. 2. ADMINISTERING AGENCY agrees to submit a Student Tally and Parent Survey for each school to the National Center for Safe Routes to School ( NCSRTS). The survey information (Student Tally and Parent Survey), collected during the regular school year, must be completed within two months of beginning the PROJECT and within two months after completing the PROJECT. ADMINISTERING AGENCY agrees to submit a copy of said surveys to the District Local Assistance Engineer (DLAE). For detailed instructions on data submission requirements refer to the NCSRTS web site at: http://www.saferoutesinfo.org/data/ 8. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Program Supplement 07- 5323R -N015- ISTEA Page 3 of 4 SRTSL- 5323(031) 6111xi3r1W9Ii0:4L/•1NiIRKO :IN.1&►,iV Failure to do so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. Program Supplement 07- 53238 -N015- ISTEA Page 4 of 4 TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Assistant Accounting Manager t DATE: April 03, 2013 SUBJECT: warrants and Demands The purpose of this report is for the City Council to ratify the payment of Warrants and Demands against the City of Baldwin Park. The attached Claims and Demands report format meets the required information in accordance with the Government Code. Staff reviews requests for expenditures for budgetary approval and for authorization from the department head or its designee. The report provides information on payments released since the previous City Council meeting, the following is a summary of the payments released: 1. The payroll of the City of Baldwin Park consisting of check numbers 195300 — 195329. Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control numbers 227489 — 227740 for the period of February 17, 2013 through March 02, 2013 inclusive; these are presented and hereby ratified, in the amount of $353,474.66. 2. General Warrants, including check numbers 194535 to194782 inclusive, in the total amount of $651,019.74 constituting claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. Pursuant to Section 37208 of the Government Code, the Chief Executive Officer or designee does hereby certify to the accuracy of the demands hereinafter referred to and to the availability of funds for payment thereof. U5 _ • Staff recommends City Council ratify the attached Warrants and Demands. iA Any" a 6' On; 0 HIR NR le is aq ue HS is O$a S3 4 !!I 10 OWN M "wwwww" w wen g. g. a. 2. u. 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CA to w m w, woo at, w ,.a J., w w 0� w w ip w w 11 th W, AO 4. 0-4 to 00 I Eel; is to w z LA 17v UA ffwi PJ �j _4 Al -4 14 Al A w tIA v Cb �4 W 44 M 0� w -4 4A N A 04 N" 0 m ul o AD o 01 Am w 0 co 44-1 ra auto ow vt w m m kn w 0 L4 t4 0 W a. W It, W OW 0 w 0 w 0 w w C� 0 w 'D to 4;, 'A W'A 6N ul V w V W to w w W v w 0 0, w 0A %a 0,0 w w 4m w V� 4, - 4 w 0 w t4 m H W w m w 1� 0 1w w 40 w 0 44 w kn AA 0 io V t tA t'. t, W o H ^? IA w 0 0 00 W W _,a W 0 t4 0 w - 04 ka w w 4� 00 —4 C, 0 4W -4 A 0 w tl T� I " '� im T 484 c t• *00 w 000 0% IA A� on 0 Yw 40 w 00 0 w w *4 w IV 14 ai 00 m In n �4 sn (0 9 9 to 0 ;Q ol In 0 ft ov tq m fn tq H 000 ft w1wt 4n ww n *I � 0 4 w � CJP " w ;o4 TW n to BALDWIN P,A,R�K TO: Honorable Mayor and Members of thCit .3uncil FROM: Vijay Singhal, Chief Executive Office DATE: April 3, 2013 ` SUBJECT: Letter of Support for AB 1359 Hernandez . 0 1.9 .0 To seek Council approval to the attached letter of support for AB1359 (Hernandez) Community Health: Access to Park & Recreational Space. BACKGROUND AND DISCUSSION: At the Council meeting on March 20, 2013, the Council authorized staff to draft a letter in support of AB1359 (Hernandez) Community Health: Access to Park & Recreational Space. Attached is the draft letter. Upon approval of this item the letter will be sent to the Assembly Member's Office. RECOMMENDATION It is recommended the City Council approve the attached letter of support. Attachment: Letter of support for AB1359 March 28, 2013 Assemblymember Roger Hernandez California State Assembly State Capitol, Room 4146 Sacramento, CA 95814 RE: AB 1359 (Hernandez) — Letter of Support Dear Assemblymember Hernandez: On behalf of the Baldwin Park City Council, we are writing to express our support for AB 1359. AB 1359 (Hernandez) amends the Quimby Act to allocate existing funds to develop or rehabilitate new and /or existing parks or recreational facilities to areas with the greatest need. This bill also allows for funds to be used to create joint use agreements between school districts, universities, counties and cities. Local governments in California provide a critical role in the effort to set aside parkland and open space for recreational purposes. Since the passage of the Quimby Act in 1975, cities and counties have been authorized to require developers to set aside land, donate conservation easements, or pay fees for park improvements. Per the Quimby Act, these funds stay in the area undergoing development. Areas that are built out tend to be park poor with little to no space for development, therefore funds cannot be accessed to make improvements. Research has demonstrated disadvantaged people of color disproportionately lack equal access to parks, school fields, beaches, trails and forests. These inequalities have been a consequence of inadequate land use policy, which has resulted in health and social disparities within these vulnerable communities. The Baldwin Park City Council believes AB 1359 will invest in California's parks and create more equitable access to green space throughout the state with the goal to create healthier communities and decrease the incidence of childhood obesity and other health related conditions. Sincerely, Manuel Lozano Mayor Marlen Garcia Councilmember Monica Garcia Mayor Pro Tern Ricardo Pacheco Susan Rubio Councilmember Councilmember CITY OF BALDWIN PARK , 14403 EAST PACIFIC AVENUE , BALDWIN PARK , CA , 91706 . (626) 960 -4011 FAX (626) 962 -2625 ; s RUM rofelegglinfAre-, Y'RZ1,111y-, M TO: Honorable Mayor and Members of the Ci ou aciI FROM: Vijay Singhal, Chief Executive Officer DATE: April 3, 2013 1_1_11 SUBJECT: Approval • Resolution 2013-009 authorizing the City • Baldwi Park to enter into a contract with the State of Californ Department of Transportation (Caltrans) upon receipt of Comrnunity-rBased Transportation Planning %Grant This report requests City Council approval of a Resolution authorizing the city to enter into a contract with Caltrans upon receipt of a Community-Based Transportation Planning Grant. • 1 5 Planning staff is currently working on submitting a grant application in response to a request for applications for Fiscal Year 2013-2014 Transportation Planning Grant Programs through the California Department of Transportation (Caltrans). An estimated $3 million will be available for the grant cycle pending approval of the State budget. All projects will require a local match equal to 10% of the grant total (7.5% must be a local cash match and 2.5% can be in-kind). The maximum grant that can be awarded under the Community-Based Transportation Planning Grant Program is $300,000. The amount in which we are applying for is $285,000. [ 4 61101; P &I IQ ZI i These Transportation Planning Grants represent and promote a balanced, comprehensive multi-modal transportation system and are intended to promote state and federal transportation planning goals. The final results of these grants should lead to the adoption, initiation and programming of transportation improvements that improve mobility, access and economic vitality. Each Transportation Planning Grant has program specific purposes and is intended to address local needs and issues. Of the many grant opportunities available, the city opted to apply for the Community-based Planning Grant. This grant is intended to coordinate transportation and land use planning projects that encourage community involvement and partnership. Projects must support livable and sustainable community concepts with a transportation and mobility objective and promote community identity Caltrans Community-Based Transportation Planning Grant April 3, 2013 � � ? 00 M1111 The focus of the grant is to prepare a context sensitive non-motorized improvement plan for the Arrow Highway corridor with a bicycle and pedestrian safety enhancement component. This auto-dominated corridor and its surrounding mix of heavy industrial land uses provides minimal and unsafe pedestrian and bicycle infrastructure/amenities. This Plan will provide context sensitive solutions to enhance and increase the accessibility, safety and security of both motorized and non-motorized users of the corridor and the single-family neighborhoods to the south. Under this grant, the city proposes to partner with Evan Brooks Associates (EBA) and the California Center for Public Health Advocacy (CCPHA). The Plan intends to implement a program of protective and preventative measures to decrease the accident potential for pedestrians and cyclists and to provide the best possible safety environment for all residents who walk and bike to Arrow Highway to access public transit and physical activity. The strategy of this Plan is to ensure that the Arrow Highway corridor and its network of connecting streets provide the highest level of safety and protection as the rights-of-way transition from single-family neighborhoods to heavy industrial, auto-dominated uses. This grant presents an opportunity to continue the implementation of the city's adopted Complete Streets policy, which calls for the creation of a safe and efficient transportation system that promotes the health and mobility of all Baldwin Park citizens and visitors by providing high quality pedestrian, bicycling, and transit access to all destinations throughout Baldwin Park. Additionally, this grant will complement and implement the city's health and sustainable communities efforts as well as the recommended policies and programs from SCAG's Compass Blueprint Report for the Arrow Highway Corridor in the San Gabriel Valley. Once adopted, staff will include a signed copy of the Resolution with the grant application. 1) Resolution 2013-009 Caltrans Community-Based Transportation Planning Grant April 3. 2013 I ; =_4 M UOTI IWATRI I RESOLUTION NO. 2013 -009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO EXECUTE AN AGREEMENTS WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION UPON RECEIPT OF A COMMUNITY - BASED TRANSPORTATION PLANNING GRANT TO ADOPT THE "ARROW HIGHWAY CORRIDOR /DISTRICT NON - MOTORIZED SAFETY ENHANCEMENT PLAN ". WHEREAS, the City of Baldwin Park, through the adoption of its Complete Streets policy, has established guiding principles and practices so transportation improvements are planned, designed, constructed, operated and maintained to encourage walking, cycling, and transit use while promoting safe operations for all users; and WHEREAS, the City wants to create and ensure a safe and efficient transportation system that promotes the health and mobility of all Baldwin Park residents and visitors by providing high quality pedestrian, bicycling and transit access to all destinations throughout the city and region; and WHEREAS, the project intends to implement a program of protective and preventative measures to decrease the accident potential for pedestrians and cyclists and to provide the best possible safety environment for all residents who walk and bike to Arrow Highway to access public transit and physical activity; and WHEREAS, this grant will complement and implement the city's health and sustainable communities efforts as well as the recommended policies and programs form SCAG's 2008 Compass Blueprint Report for the Arrow Highway Corridor in the San Gabriel Valley. WHEREAS, the City proposes to request $285,000 in grant funds and the City will be providing 10% local matching funds for staff time and other administrative costs (7.5% must be local cash match and 2.5% can be in- kind); and WHEREAS, authorization is now being requested to submit the grant application, accept and administer the grant funds if awarded, and execute the agreement between the City and the State of California Department of Transportation; NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby resolve as follows: SECTION 1. The Chief Executive Officer, or designee, is authorized to apply to the State of California Transportation Planning Grant for the Project. SECTION 2. The Chief Executive Officer, or designee, is authorized to take all necessary steps to secure the grant funds from the State of California Department of Transportation to provide funds for the Project. Resolution No. 20XX -OXX Page 2 SECTION 3. The Chief Executive Officer, or designee, is also authorized and empowered to conduct all negotiations, execute and submit all documents, including but not limited to contracts, subcontracts, applications, agreements, extensions, renewals, payment requests, and amendments of funding provided by the Federal Highway Administration and California Department of Transportation, which may be necessary for the completion of the Project. SECTION 4. The Chief Executive Officer, or designee, is authorized, for and on behalf of the City, to accept, appropriate, expend, and administer the grant funds, if secured, in accordance with the terms and conditions set forth in the approved grant for the Project. SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall forward a copy hereof to the Planning Division for grant submittal. APPROVED, and ADOPTED this 3rd day of April, 2013. MANUEL LOZANO, MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was adopted on April 3, 2013 at a regular meeting of the City Council by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: CITY CLERK & Q Q Q K P, R & W H & W Ow Not Q OR wwo 4 mwj -4 y"N"W"WHO Nola of gm-p-q- 0000 *new no 0 0 000 0 Pb T?M—g ORO OR 0mo =* Ev oom 1 0 O so non 0 00 000 0. ALL L ARM Man va 0 Met Comm x 'M fig v BERM" ims ul 0 R R4 i5 P.b Own Now Now 00 ON N&O WHO AV so A 00 W4 Lt M sad On, I s.k di No No so 00 40 10 Am TO I X m AA t = t i i s wo M to go W ow W- 2 W my "fill 1 1*4 og &M 1 0 & U fly bra s� 00 No AO I low 20 n R" A h "NQ . 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Q 10 ?,Z ? ? ? ? ? o ol 4� 6� m #N 4% 41 0 0 oo� -0 16 0 10 .00 IA w ell 10 110 Or w *®f LM t, ut m 1A Ln iA LM m M %n lA 0 to W LA w 40 - 4� w 4 L', UP w w w w t1k w w w w 0 4A 0 VF ip fA 0 U, 4A 0 Lft cl a 4 t 4 00 <1 0 0 0 C15 0 0 1& 0 0, 0 0 no w 0 0 o 0 o 00 0 o, 0 2. Om 0 a 0 00, a n n n n o o WOW tA,wvv.0 59, Von 8 4� rA th 0 up tl 1,0 00 M el 00 fA, xy -A" ri 'm 3d2 5#s a I u m N" IT, 2 2 9 t� g m 0w 1w 100 t"4 10 -$4 W LA a I u m N" IT, RESOLUTION WHEREAS, according to the United States Geological Survey, California is one of the most seismically active states, second only to Alaska; and WHEREAS, California has experienced dozens of disastrous earthquakes that have caused fatalities, serious injuries, and significant economic loss; and WHEREAS, ninety percent of the world's earthquakes and over eighty percent of the world's largest earthquakes occur along the Circum- Pacific Belt, also known as the Pacific Ring of Fire. The Pacific Ring of Fire includes the very active San Andreas Fault Zone in California; and WHEREAS, the Uniform California Earthquake Rupture Forecast (UCERF) released in 2008 predicted a 99.7 percent likelihood of a magnitude 6.7 or larger earthquake in California in the next 30 years; and WHEREAS, a 2013 study published by the Caltech and the Japan Agency for Marine -Earth Science and Technology discovered that a statewide California earthquake involving both the Los Angeles and San Francisco metropolitan areas may be possible; and WHEREAS, Japan, Taiwan, Mexico, Turkey, Romania, Italy, and China either have or are working on earthquake early warning systems that are capable of saving lives and helping to mitigate loss; and WHEREAS, California Emergency Management Agency, Caltech, California Geological Survey, University of California at Berkeley, United States Geological Survey, and others have been conducting earthquake early warning research and development in California and together they operate the California Integrated Seismic Network, which has a demonstration earthquake early warning capability; and WHEREAS, by building upon the California Integrated Seismic Network and processing data from an array of sensors throughout the state, a fully developed earthquake early warning system would effectively detect the strength and progression of earthquakes and alert the public within seconds, up to 60 seconds, before potentially damaging ground shaking is felt; and WHEREAS, the City /County of must do all it can to better prepare for future earthquakes and that an earthquake early warning system should disseminate earthquake information in support of public safety, emergency response, and loss mitigation; NOW, THEREFORE; BE IT RESOLVED, with the concurrence of the Mayor, that by the adoption of this Resolution, the hereby SUPPORTS Senate Bill 1525 (Padilla) that would create an earthquake early warning system in California. PRESENTED BY SECONDED BY AGENDA BALDWIN PARK HOUSING AUTHORITY APRIL 3, 2013 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BAL ®WIN PARK, CA 91706 (626) 960 -4011 d BALDWIN P a A , R- K Manuel Lozano - Mayor Monica Garcia - Mayor Pro Tern Marlen Garcia - Council Member Ricardo Pacheco - Council Member Susan Rubio - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al publico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this agenda otra de sus Agencias nombradas en esta agenda, para on any matter posted on the agenda or on any other hablar sobre cualquier asunto publicado en la agenda o matter within its jurisdiction. If you wish to address cualquier tema que este bajo su jurisdiccion. Si usted the City Council or any of its Agencies, you may do desea la oportunidad de dirigirse al Concilio o alguna de so during the PUBLIC COMMUNICATIONS period sus Agencias, podra hacerlo durante el periodo de noted on the agenda. Each person is allowed three Comentarios del Pdblico (Public Communications) (3) minutes speaking time. A Spanish speaking anunciado en la agenda. A cada persona se le permite interpreter is available for your convenience. hablar por tres (3) minutes. Hay un interprete Para su conveniencia. Any vvri fen � _e-cn P.1 �Goiu.J� ri. �+ rtFC?e an ;d2 "/ 3 �„ HOUSING AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Council Members: Marlen Garcia, Ricardo Pacheco, Susan Rubio, Mayor Pro Tern Monica Garcia and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION 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) Rr ief,�y respond to state„�ents 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] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar accidn en algun asunto a menos que sea incluido en la agenda, o a menos que exista algdna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR PUBLIC HEARINGS 1. BALDWIN PARK HOUSING AUTHORITY'S FY 2013 -2014 STEAMLINED ANNUAL PUBLIC HOUSING AGENCY (PHA) PLAN Staff recommends that the Housing Board open the public hearing, receive public comments and adopt the following: • The FY 2013 -2014 Streamlined Annual PHA Plan (Attachment "A "). • Resolution No. HA- 2013 -001 establishing the adoption of the FY 2013 -2014 PHA Plan (Attachment "B "). ADJOURNMENT CERTIFICATION I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 28th day of March, 2013. t' Alejandra Avila City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2„d Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 813 -5204 or via e -mail at rcaballero@baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) kult 71• •- M* 1WZ_1 1ATE: April 3, 2013 SUBJECT: BALDWIN PARK HOUSING AUTHORITYS FY 2013-2014 STREAMLINED ANNUAL PUBLIC HOUSING AGENCY (PHA) PLAN 10100014 The purpose is for the Baldwin Park Housing Authority Board to hold a public hearing, receive public comments and consider: • The adoption and approval of the FY 2013-2014 Streamlined Annual PHA Plan (Attachment "A"). ■ Approval of Resolution No. HA-2013-001 establishing the adoption of the Plan as required by the U.S. Department of Housing and Urban Development (HUD) (Attachment "B"). BACKGROUND/ DISCUSSION Section 511 of the Quality Housing and Work Responsibility Act (QHWRA) of 1998 established the public housing agency Five-Year and Annual Plan requirement. The Five-Year Plan describes the mission of the agency and the agency's long-range goals and objectives for achieving its mission. The Annual Plan outlines their approach to managing programs and providing services for the upcoming year. The Annual Plan also serves as the annual application for grants to support improvements to public housing buildings, such as the Capital Fund Program. In April 2010, the Housing Authority submitted its 5-Year Agency Plan for FY 2010- 2015. In order to receive operating funds from HUD for the Public Housing and Section 8 Housing Choice Voucher Programs, Housing Authority must submit an Annual PHA Plan for FY 2013-2014 by April 17, 2013. The goals and objectives in FY 2013-2014 as identified in the Five Year Plan remain as follows: ■ Convert McNeil Manor Senior units to Market Rate Housing Choice Voucher subsidized units. ■ Maintain a leasing rate of 98% to 100% to lease the maximum units authorized by HUD. • Work to ensure the de- concentration of low- income families in high - poverty areas by encouraging them and assisting them in moving to low- poverty areas and census tracts. The PHA will outreach to owners of units located outside areas of poverty or minority concentration. • Continue to maintain and improve our SEMAP scores by addressing any areas of weakness and implementing new procedures to improve specific SEMAP indicators /scores. • Educate staff on new regulations and enforce current regulations that pertain to policies that affect the family's initial eligibility and continued assistance in the program. It is our goal to reduce any errors in calculating the housing assistance through training and quality control. • Continue efforts to leverage private and /or other public funds to create additional housing opportunities. • Continue to improve our public housing management and our voucher management. • Continue the FSS (family self- sufficiency) program in order to increase the number and percentage of employed persons in assisted families and to refer clients to financial counseling services. • Continue our services agreement with the Fair Housing Agency to promote equal housing opportunities free from discrimination. • Our housing authority will ensure access to assisted housing regardless of race, color, religion, national origin, sex, familial status, and disability. The recent threats of significant reductions to the federal budget is causing every Housing Authority to reconsider their policies and implement any cost savings measures that will prevent mass terminations of program participants. The most current estimate is a 9% reduction to Housing Assistance Payment allocations for every Housing Authority. Therefore, in order to offset the reduced allocation from HUD, the BPHA proposes to amend its Plan revising the Subsidy Standards from 2 people per bedroom to 3 persons per bedroom. Since each household's income situation is different, it is difficult to determine the exact amount of savings this revision will create. However, it will result in a definite reduction in BPHA's monthly financial participation towards the household rent, thus guaranteeing some cost savings. This assumption may be revised at a later date once the savings can be calculated based on the actual rents paid. The adverse effect will be for the tenant, as their portion towards rent will increase. While some may consider this a financial hardship on the tenants, it is still much better than the alternatives, which could include required terminations. During these tough economic times, HUD's stance, as well as that of most Housing Agencies and even some tenants, is that it is best to assist more households with less, than to assist a few households with more. Public notices and 45 -day comment period As required, to ensure public input, the Resident Advisory Board (RAB), consisting of Section 8 Participants and Public Housing residents met on January 31, 2013 to review the documents. The RAB discussed the Plan and accepted it in the draft format. No comments were received from the RAB. Also as required, a public notice was published in the San Gabriel Valley Tribune informing the public that the Annual Plan, including the Statement of Consistency with the Consolidated Plan, proposed capital improvements, and other required supporting documents, were available for public review for 45 -days commencing February 18, 2013 and concluding at tonight's public hearing. To date, no comments have been received through the public comment period regarding the FY 2013 -2014 PHA Plan. There is no impact to the General Funds. Staff recommends that the Housing Board open the public hearing, receive public comments and adopt the following: • The FY 2013 -2014 Streamlined Annual PHA Plan (Attachment "A "). • Resolution No. HA- 2013 -001 establishing the adoption of the FY 2013 -2014 PHA Plan (Attachment "B "). Attachments Attachment "A" — FY 2013 -2014 Streamlined Annual PHA Plan Attachment "B" — Resolution No. HA 2013 -001 � • � �. � �I murmIJIMA m 10 11- INLYWONammuffim r BALDWIN P ,A, R, K 0 1 FY 2013-2014 ANNUAL PLAN W � Suzie Ruelas Housing Manager Baldwin Park Housing Authority 14403 E. Pacific Avenue, 3rd floor Baldwin Park, CA 91706 PHA 5-Year and U.S. Department of housing and Urban ®1VID No. 2577 -0226 Development Expires 4/04/2012 Annual Plan Office of Public and Indian Housing 1.0 PHA Information PHA Name: BALDWIN PARK HOUSING AUTHORITY PHA Code:CA120 PHA Type: ® Small ® High Performing ❑ Standard ❑ HCV (Section 8) PHA Fiscal Year Beginning: (MM/YYYY): 07/01/2013 10 Inventory (based on ACC units at time of FY beginning in 1.0 above) Number of PH units: 12 Number of HCV units:880 3.0 Submission Type ❑ 5 -Year and Annual Plan ® Annual Plan Only ❑ 5 -Year Plan Only 4.0 PRA Consortia ❑ PHA Consortia: (Check box if submitting ajoint Plan and complete table below.) No. of Units in Each Participating PHAs PHA Program(s) Included in the Programs Not in the Consortia Program PH HCV Code Consortia PHA 1: PH_A 2: PHA 3: 5.0 5 -Year Plan. Complete items 5.1 and 5.2 only at 5 -Year Plan update. 5.1 Mission. State the PHA's Mission for serving the needs of low- income, very low- income, and extremely low income families in the PHA's jurisdiction for the next five years: 5.2 Goals and Objectives. Identify the PHA's quantifiable goals and objectives that will enable the PHA to serve the needs of low- income and very low - income, and extremely low- income families for the next five years. Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5 -Year Plan. 6.0 PHA Plan Update (a) Identify all PHA Plan elements that have been revised by the PHA since its last Annual Plan submission: 1. The Baldwin Park Housing Authority continues to research the process to remove its public housing units, McNeil Manor, from its inventory. It is proposed that the existing residents will receive tenant -based voucher assistance. The voluntary conversion from public housing to tenant -based voucher assistance will be done in accordance with 24 CFR 972 subpart B. 2. BPHA is considering increasing the subsidy standards to 3 persons per bedroom. Increasing the subsidy standards will reduce the amount of financial assistance to households, thus, creating the opportunity to increase the number of households assisted. 3. Due to lack of funding and staffing, BPHA is considering eliminating the voluntary FSS program. (b) Identify the specific location(s) where the public may obtain copies of the 5 -Year and Annual PHA Plan. For a complete list of PHA Plan elements, see Section 6.0 of the instructions. Baldwin Park City Hall Housing Authority 2 "a Floor 14403 E. Pacific Ave. Baldwin Park, CA 91706 7.0 Hope VI, Mixed Finance Modernization or Development, Demolition and /or Disposition, Conversion of Public Housing, homeownership Programs, and Project -based Vouchers. Include statements related to these programs as applicable. 8.0 Capital Improvements. Please complete Parts 8.1 through 8.3, as applicable. Capital Fund Program Annual Statement/Performance and Evaluation Report. As part of the PHA 5 -Year and Annual Plan, annually 8.1 complete and submit the Capital Fund Program Annual Statement /Performance and Evaluation Report, form HUD - 50075.1, for each current and open CFP grant and CFFP financing. Capital Fund Program Five -Year Action Plan. As part of the submission of the Annual Plan, PHAs must complete and submit the Capital Fund 8.2 Program Five -Year Action Plan, form HUD - 50075.2, and subsequent annual updates (on a rolling basis, e.g., drop current year, and add latest year for a five year period). Large capital items must be included in the Five -Year Action Plan. 8.3 Capital Fund Financing Program (CFFP). n Check if the PHA proposes to use any portion of its Capital Fund Program (CFP)/Replacement Housing Factor (RHF) to repay debt incurred to finance capital improvements. Page 1 of 3 form HUD -50075 (4/2008) 9.0 Housing Needs. Based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data, make a reasonable effort to identify the housing needs of the low- income, very low - income, and extremely low- income families who reside in the jurisdiction served by the PHA, including elderly families, families with disabilities, and households of various races and ethnic groups, and other families who are on the public housing and Section 8 tenant -based assistance waiting lists. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. Baldwin Park: There are 17,715 housing units in the City of Baldwin Park. 21.8% are multi - family units. The vacancy rate in multi - family units is 2.7 %. Median rents range from $500 to $1,000 (76.4% of units). There are 6,731 renter - occupied units in Baldwin Park. A great proportion, 33.6 %, of the families and individuals in Baldwin Park fall below the poverty level. 44.3% of the households pay more than 30% of their income towards rent. An estimated 16,532 of Baldwin Park residents are disabled which represents 23.9% of the population. An estimated 4,744 are elderly households representing 6.2% of the population. The majority of Baldwin Park's residents are identified as White representing an estimated 40.2% of the population. The second largest ethnic group in the city are Asians representing 11.5% of the population. However, Hispanics/Latinos of any race represent 78.8% of the population. West Covina: There are 32,058 housing units in the City of West Covina. 25.7% are multi - family units. The vacancy rate in multi- family units is 4.5 %. Median rents range from $500 to $1,500 (87.8% of units). There are 10,461 renter - occupied units in West Covina. 15.4 %, of the families and individuals in West Covina fall below the poverty level. 43.5% of the households pay more than 30% of their income towards rent. An estimated 18,390 of West Covina residents are disabled which represents 19.0 %4 of the population. An estimated 14,542 are elderly households representing 13.8% of the population. The majority of West Covina's residents are identified as White representing an estimated 43.9% of the population. The second largest ethnic group in the city are Asians representing 22.7% of the population. However, Hispanics /Latinos of any race represent 45.7% of the population. Monrovia: There are 13,957 housing units in the City of Monrovia. 34% are multi- family units. The vacancy rate in multi - family units is 4.4 %. Median rents range from $500 to $1,000 (71.8% of units). There are 7,010 renter - occupied units in Monrovia. A great proportion, 18.4 %, of the families and individuals in Monrovia fall below the poverty level. 39.9% of the households pay more than 30% of their income towards rent. An estimated 6,708 of Monrovia residents are disabled which represents 18.16% of the population. An estimated 4,797 are elderly households representing 12.9% of the population. The majority of Monrovia's residents are identified as White representing an estimated 62.9% of the population. The second largest ethnic group in the city are Blacks /African Americans representing 8.7% of the population. However, Hispanics/Latinos of any race represent 35.2% of the population. El Monte: There are 27,758 housing units in the City of El Monte. 35.0% are multi- family units. The vacancy rate in multi - family units is 4.1 %. Median rents range from $500 to $1000 (76.5% of units). There are 15,849 renter- occupied units in EI Monte. A great proportion, 34.3 %, of the families and individuals in El Monte fall below the poverty level. 48.6% of the households pay more than 30% of their income towards rent. An estimated 23,026 of El Monte residents are disabled which represents 19.85% of the population. An estimated 10,491 are elderly households representing 9.4% of the population. The majority of El Monte's residents are identified as White representing an estimated 35.7% of the population. The second largest ethnic group in the city are Asians representing 18.5% of the population. However, Hispanics /Latinos of any race represent 72.4% of the population. South El Monte: There are 4703 housing units in the City of South El Monte. 28.0% are multi- family units. The vacancy rate in multi - family units is 2.2 %. Median rents range from $300 to $999 (88.9% of units). There are 2300 renter - occupied units in South El Monte. A great proportion, 35.2 %, of the families and individuals in South El Monte fall below the poverty level. 41.7% of the households pay more than 30% of their income towards rent. An estimated 4,742 of South El Monte residents are disabled which represents 25% of the population. An estimated 1,490 are elderly households representing 12.6% of the population. The majority of South El Monte's residents are identified as White representing an estimated 40.6% of the population. The second largest ethnic group in the city are Asians representing 8.4% of the population. However, Hispanics/Latinos of any race represent 86% of the population. Housing need is defined as the gap between the type of housing required by the City's existing and projected residents and the type of housing available. Page 2 of 3 form HUD -50075 (4/2008) 9.1 Strategy for Addressing Housing Needs. Provide a brief description of the PHA's strategy for addressing the housing needs of families in the jurisdiction and on the waiting list in the upcoming year. Note: Small, Section 8 only, and High Performing PHAs complete only for Annual Plan submission with the 5 -Year Plan. 1. Continue to maximize the budget authority to provide as many households as possible with improved living conditions and ease cost burdens associated with housing. 2. Issue vouchers to ensure a constant flow of housing opportunities to applicants on our waiting list. 3. In an effort to increase the number of households receiving assistance thereby, increasing the lease up rate, as previously stated, BPHA is considering increasing the subsidy standards to 3 persons per bedroom. 10.0 Additional Information. Describe the following, as well as any additional information HUD has requested. (a) Progress in Meeting Mission and Goals. Provide a brief statement of the FHA's progress in meeting the mission and goals described in the 5- Year Plan. The Baldwin Park Housing Authority continues to ensure that proper enforcement of VAWA is complied in accordance with all requirements that are incorporated into the Housing Choice Voucher HAP Contract and Tenancy Addendum. The Baldwin Park Housing Authority provides proper notification to property owners and program participants informing them of their rights and responsibilities as well as resources to families in need of assistance. The BPHA partners with the City of Baldwin Park public service program which provides resources to victims of domestic violence, sexual assault, date rape, anger management, and child and elder abuse. Agencies providing assistance include but are not limited to Project Sister, Police Department Domestic Violence Advocate, Santa Anita Family Service Center, Adult Protective Services and several local churches. Information is provided to tenants at all briefings and to property owners and again to tenants at time of new contracts. Counseling sessions, which include referrals is provided to the tenants once the BPHA becomes aware or suspects that there is a need for such assistance. Also in partnership with the City of Baldwin Park, the BPHA also administers a Tenant Based Rental Assistance Program to provide applicants on the Housing Choice Voucher waiting list an opportunity for temporary housing until they are issued a Voucher. In an effort to obtain and retain affordable rental units for the BPHA tenants', the payment standards are continuously analyzed and updated as needed. This allows the HCV participants to compete fairly with the non - participants when seeking housing. It also encourages property owners to participate in the HCV program particularly during the current economic housing crisis. The BPHA has recently maximized its budget authority to provide as many households as possible with improved living conditions and ease cost burdens associated with housing. (b) Significant Amendment and Substantial Deviation/Modification. Provide the PHA's definition of "significant amendment" and "substantial deviation/modification" Significant Amendment is defined as an amendment that would require the approval of the Housing Commission and the Housing Board in order to implement (i.e., a change to Eligibility and /or Occupancy requirements, a change in goals or strategy and a substantial change in the goals and objectives.) Substantial Deviation is defined as a significant reduction in the goals and objectives over the five -year period, or a change of 2 more indicators or a change /addition to or elimination of one of the Agency's goals. 11.0 Required Submission for HUD Field Office Review. In addition to the PHA Plan template (HUD - 50075), PHAs must submit the following documents. Items (a) through (g) may be submitted with signature by mail or electronically with scanned signatures, but electronic submission is encouraged. Items (h) through (i) must be attached electronically with the PHA Plan. Note: Faxed copies of these documents will not be accepted by the Field Office. (a) Form HUD - 50077, PHA Certifications of Compliance ivith the PHA Plans and Related Regulations (which includes all certifications relating to Civil Rights) (b) Form HUD - 50070, Certification for a Drug -Free Workplace (PHAs receiving CFP grants only) (c) Form HUD - 50071, Certification of Payments to Influence Federal Transactions (PHAs receiving CFP grants only) (d) Form SF -LLL, Disclosure of Lobbying Activities (PHAs receiving CFP grants only) (e) Form SF- LLL -A, Disclosure of Lobbying Activities Continuation Sheet (PHAs receiving CFP grants only) (f) Resident Advisory Board (RAB) comments. Comments received from the RAB must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the recommendations and the decisions made on these recommendations. (g) Challenged Elements (h) Form HUD - 50075.1, Capital Fund Program Annual Statement /Performance and Evaluation Report (PHAs receiving CFP grants only) (i) Form HUD - 50075.2, Capital Fund Program Five -Year Action Plan (PHAs receiving CFP grants only) Page 3 of 3 form HUD -50075 (4/2008) CD Q. CD fD O to O va O O (D CD y Crop Crop 0 0 00 COD 71 W CL o 0 r -cs CD cop CD Fyj UA CD U4 u 0 Id (D t , j O IDO O O O (D 0 RJ 0 10 00 -,1 C� 41 'O 00 O C) 00 C 7, po 0 0 0 1XI > Z3 N CD CD 2 0 P— - OQ Pr rn . 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WHEREAS, the FY 2013-2014 Annual PHA Plan serves as the annual application for the Capital Fund Program grant to support improvements to it's public housing. WHEREAS, HUD regulations require that Public Housing Authorities that receive funds to operate Federal Public Housing and Section 8 Tenant-Based assistance (vouchers) programs must submit updated Annual PHA Plans on an annual basis. NOW, THEREFORE, the Baldwin Park Housing Authority does resolve as follows: SECTION 1. That the 2013-2014 Annual PHA Plan has been established in accordance with the Housing Quality and Work Responsibility Act and is current with HUD regulations. SECTION 2. That the Chairman and Secretary shall certify to the adoption of this resolution. Manuel Lozano, Chairman ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) .ss CITY OF BALDWIN PARK 1, Alejandra Avila, City Clerk of the City of Baldwin Park do hereby certify that the above foregoing Resolution was duly passed and adopted by the Baldwin Park Housing Authority at a Regular Meeting thereof, held on the 3rd day of April 2013, by the following vote: AYES: MEMBER: FI-11 1-ISQ-1 1F.11 101 kyl I a LA 1 .01 xim Alejandra Avila City Clerk Marlen Garcia, Susan Rubio, Ricardo Pacheco Vice-Chair Monica Garcia, Chair Manuel Lozano NONE