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Home My WebLink About2014 06 18NOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, JUNE 18, 2014 at 5:30 PM. at City Hall — 3`d 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: June 12, 2014 Manuel Lozano Mayor AFFIDAVIT OF POSTING 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 June 12, 2014. Alejandra Avila City Clerk AGENDA f :114 DIVA 1, 1'7_10 CITY COUNCIL SPECIAL MEETING Please note time and JUNE 18, 2014 oration 5:30 PM CITY HALL - 3'd Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 P, A, R- K Manuel Lozano - Mayor Ricardo Pacheco - Mayor Pro Tern Cruz Baca - Councilmember Monica Garcia - Councilmember Susan Rubio - Councilmember PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DEAPAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita at pGblico a dirigirse at 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 cua/quier asunto publicado en /a on any other matter within its jurisdiction. If you agenda o cualquier tema que est6 bajo su jurisdicciBn. wish to address the City Council or any of its Si usted desea la oportunidad de dirigirse at Concilio o Agencies, you may do so during the PUBLIC alguna de sus Agencias, podra hacer/o durante el COMMUNICATIONS period noted on the perfodo de Comentarios del Pdblico (Public agenda. Each person is allowed three (3) Communications) anunciado en la agenda. A cada minutes speaking time. A Spanish- speaking persona se /e permite hablar por tres (3) minutos. Hay interpreter is available for vour convenienre re ,o +o — --- ._ CITY COUNCIL SPECIAL MEETING – 5:30 P.M. CALL TO ORDER ROLL CALL: Council Members: Cruz Baca, Monica Garcia, Susan Rubio, Mayor Pro Tern Ricardo Pacheco 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 §54954.21 ESTE ES EL PERIODO DESIGNADO PARA D/R/G/RSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETAR/A S/ REQU/ERE LOS SERVIC/OS DEL INTERPRETE No se podra tomar acci6n an algGn asunto a menos qua sea incluido an la agenda, o a menos qua exists alguna 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 y/o fijar asuntos pare tomar an consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] STUDY SESSION I OPEN SESSION ADVISE CITY COUNCIL REGARDING NUMBER OF LIQUOR LICENSES IN THE CITY OF BALDWIN PARK. 2. PRESENTATION BY THE MONTEBELLO HOUSING DEVELOPMENT CORPORATION FOR A PROPOSED 63 UNITS VETERAN HOUSING FACILITY PROJECT WITH ANCILLARY SERVICES ON THE METROLINK PARK -N -RIDE LOT AT THE INTERSECTION OF RAMONA BLVD AND BADILLO STREET, INCLUDING THE FORMER RED CAR FACILITY LOT. PRESENTATION REGARDING PART -TIME SALARY SCHEDULES. RECESS TO CLOSED SESSION 4. PUBLIC EMPLOYEE APPOINTMENT Pursuant to Government Code Section 54957 Title: Chief Executive Officer CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9. Potential Case(s): one (1) RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION 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 24 hours prior to the meeting on June 12, 2014. i.% 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, 2ntl 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(o)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 11) AGENDA BALDWIN PARK CITY COUNCIL REGULAR MEETING JUNE 18, 2014 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 P- A- R- K Manuel Lozano - Mayor Ricardo Pacheco - Mayor Pro Tern Cruz Baca - Council Member Monica Garcia - Council Member Susan Rubio - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS FOR 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 invite al publico a dirigirse a/ Concilio o cualquiera otra de sus Agencies nombradas an esta agenda, pare hablar sobre cua/quier asunto publicado an la agenda o cua/quier tema que est6 bajo su jurisdiccibn. Si usted desea /a oportunidad de dingirse a/ Concilio o alguna de sus Agencies, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado an la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete pare su conveniencia. a W? o001 .>us.,Icjr reculx mc f ,L.c r r r.. :.c x+ 'w r f 3rd Fool r o mg tit , mu./ ("Wk" r'.9✓ CITY COUNCIL REGULAR MEETING — 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Council Members: Cruz Baca, Monica Garcia, Susan Rubio, Mayor Pro Tern Ricardo Pacheco 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 Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Check Presentation by Upper San Gabriel Valley Municipal Water District for Barnes Park Improvements. • Plaque recognition to Fernando Prado for his retirement from Waste Management. 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 §54954.21 ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVIC/OS DEL INTERPRETE No se podra tome accidn en algun asunto a menos que sea inclutdo en la agenda, o a menos que exista algOna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dingir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] Council Agenda - JUNE 18, 2014 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. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. 2. TREASURER'S REPORT: APRIL 2014 Staff recommends that the City Council receive and file the Treasurer's Report for April 2014. 3. APPROVAL OF GENERAL ON -CALL PROFESSIONAL SERVICES CONSULTANTS It is recommended that the City Council: 1. Enter into a three -year on -call professional services agreement with Infrastructure Engineers of Orange for Civil and Traffic Engineering Design Services; Project Management, Construction Management, and Inspection Services for General engineering Projects; and Land Surveying Services; and 2. Enter into a three -year on -call professional services agreement with Vanir Construction Management of Los Angeles for Project Management, Construction Management, and Inspection Services for Building Projects; Landscape Architecture Design Services; Pavement, Geotechnical and Materials Testing Services; Environmental Document Services; Community Relations /Public Outreach Services; Grant Writing Services; and Labor Compliance Services; and, 3. Enter into a three -year on -call professional services agreement with La Canada Design Group of Pasadena for Architectural Design services. SET MATTERS - PUBLIC HEARINGS (7:00 P.M. or as soon thereafter as the matter can be heard). If in the future you wish to challenge the following in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk and /or City Council at or prior to the public hearing. 4. CONTINUED PUBLIC HEARING FOR FISCAL YEAR 2014/15 BUDGET AND CITY COUNCIL DISCUSSION Staff recommends that the Mayor re -open the Continued Public Hearing, take public comments and then close the public hearing. The City Council can proceed with additional discussion, questions for staff and direction. REPORTS OF OFFICERS 5. APPOINTMENT OF VOTING DELEGATES FOR 2014 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE — ANNUAL BUSINESS MEETING Staff recommends City Council appoint a voting delegate and up to two alternate voting delegates to represent the City at the Annual Business Meeting of the 2014 League of California Cities Annual Conference. 6. RESOLUTION NO. 2014 -2018, APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY2014 -2015, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING City Council Agenda — JUNE 18, 2014 Page 3 Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution No. 2014 -018 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY2014 -2015, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING ". 7. RESOLUTION NO. 2014 -019, APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY2014 -2015, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution No. 2014 -019 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY2014 -2015, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING ". 8. RESOLUTION NO. 2014 -020 AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE CALHOME PROGRAM Staff recommends that the City Council approve Resolution 2014 -020, authorizing the submittal of an application to HCD for funding under the CaIHOME Program; the execution of a standard agreement and any amendments thereto; and related documents necessary to participate in the CalHOME program. 9. RESOLUTION NO. 2014 -021, DECLARING THE INTENT TO CHANGE THE REFUSE RATE STRUCTURE FOR COMMERCIAL /INDUSTRIAL AND MULTIFAMILY REFUSE SERVICE, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution No. 2014 -021 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DECLARING THE INTENT TO CHANGE THE REFUSE RATE STRUCTURE FOR COMMERCIAL /INDUSTRIAL AND MULTIFAMILY REFUSE SERVICE, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING ". 10. RESOLUTION NO. 2014 -022, SETTING RATES FOR COMMERCIAL /INDUSTRIAL, MULTIFAMILY AND RESIDENTIAL REFUSE SERVICE, EFFECTIVE JULY 1, 2014 Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution No. 2014 -022 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, SETTING RATES FOR COMMERCIAL /INDUSTRIAL, MULTIFAMILY AND RESIDENTIAL REFUSE SERVICE, EFFECTIVE JULY 1, 2014 ". City Council Agenda — JUNE 18, 2014 Page 4 None. ADJOURNMENT I, Alejandra Avila, City Clerl under the laws of the State bulletin board not less than ge i A��; Alejandra Avila City Clerk CERTIFICATION ( of the City of Baldwin Park hereby certify under penalty of perjury of California, that the foregoing agenda was posted on the City Hall 72 hours prior to the meeting. Dated this 12th day of June 2014. 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 via e-mail at rcaballero(cDbaldwinpark.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) City Council Agenda — JUNE 18, 2014 Page 5 STAFF REPORT TO: Honorable Mayor and Members of the City Con 1 FROM: Craig A. Graves, Director of Finance DATE: June 18, 2014 SUBJECT: Warrants and Demands SUMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends the City Council ratify the attached Warrants and Demands Register. FISCAL IMPACT The payroll for the last period was $354,885.30 and the attached General Warrants Register were $652,772.22 for a total amount of $1,0074,657.52. LEGAL REVIEW None Required BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or their designee does hereby certify to the accuracy of the demands hereinafter referred payments released since the previous City Council meeting and the following is a summary of released: Warrants and Demands Page 2 1. The payroll of the City of Baldwin Park consisting of check numbers 196253 - 19274. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 235319- 235563 for the period of April 27, 2014 through May 10, 2014 inclusive; These are presented and hereby ratified in the amount of $354,885.30. 2. General Warrants, including check numbers 200474 to 200631, in the total amount of $652,772.22 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. 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E4 d4 as tC C• i3W tatC antl �E +FN NUS P°P OsN.0 dM.N iiT QO � 4'^ •i'? +Ci •Cf Q N .Mi V.i-ah fy .O #S tti tP �4 e R+ NN rvN Gft �t4 M1v4 YDe NNPO ihh .t Hvt C•re p} »k'• � e µ wav Nry �� wr�a w.rz bsaa rn °n ^+.m mrven Kira ca 1 Tk I rt � !R C Y5 �G Z•• 4Th N S? 1'F u F ry <u sa vt co er n n ro ry n i a; N 6 d N ear G! UI �W W G4G NS .y d 4 tad STAFF SUMMARY ITEM NO. TO: The Honorable Mayor and Members of the City un FROM: Craig A. Graves, Director of Finance 4�455 DATE: June 18, 2014 SUBJECT: Treasurer's Report- April 2014 Attached is the Treasurer's Report for the month of April 2014. The Treasurer's Report lists all cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. FISCAL IMPACT None RECOMMENDATION That the City Council receive and file the Treasurer's Report for April 2014. LEGAL REVIEW None Required Treasurer's Report — April 2014 Page 2 BACKGROUND Attached is the Treasurer's Report for the month of April 2014. The Treasurer's Report lists all cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). The report separates cash into the following three sections: • State of California Local Agency Investment Fund (LAIF) — this is where the majority of the cash is held. City cash, which accounts for the largest portion includes monies from the General Fund and all other restricted funds known as Special Funds. Money is kept in LAIF until it needs to be transferred to cover warrants (payments to vendors, contractors, etc.), payroll, or to pay the various bond payments. • Fiscal Agent Funds — These amounts represent monies held by the various bond holders that are restricted and which have been set aside for future bond payments. • Cash — This section provides the cash balances in the various checking accounts the City uses to pay its on -going payments. The cash balances fluctuate during the year due to the timing of large payments, such as interest and principal for bonds, and due to when the City receives its major sources of revenues (such as sales tax and property tax in December, January and May each year. The current investments are in compliance with the City's Investment Policy and to the California Government Code. Attachment: Treasurer's Report for April 2014 CITY OF BALDWIN PARK TREASURER'S REPORT April 30, 2014 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local 23,561,094.09 23,561,094.09 23,561,094.09 Agency Investment Fund 37,984.67 37,984.67 37,984.67 City 0.23% Varies Varies Housing Authority 0.23% Varies Varies Fiscal Agent Funds - City Varies Varies Varies Fiscal Agent Funds - Successo Varies Varies Varies 23,561,094.09 23,561,094.09 23,561,094.09 23,561,094.09 37,984.67 37,984.67 37,984.67 37,984.67 23,599,078.76 23,599,078.76 23,599,078.76 23,599,078.76 2,135,184.81 2,135,184.81 2,135,184.81 2,135,184.81 3,598,572.76 3,598,572.76 3,598,572.76 3,598,572.76 $ 29,332,836.33 $ 29,332,836.33 5,733,757.57 $ 29,332,836.33 Total Investments $ 29,332,836.33 Cash City Checking 9,225,689.80 City Miscellaneous Cash 84,580.92 Comm. Develop. Comm. 0.00 Successor Agency 865,455.32 Housing Authority 603,040.92 Financing Authority 0.00 Total Cash 10,778,766.96 Total Cash and Investments $ 40,111,603.29 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity/purchase transaction made for the month of April 2014 and several depositstwithdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 at seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: _ / HUB OF THE SAN GABRIEL �ca VALLEY., STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Wall, Director of Public Works DATE: June 18, 2014 SUBJECT: Approval of General On -Call Professional Services Consultant SUMMARY In order to expedite the delivery of Capital Projects, On April 22, 2013, a Request for Qualifications (RFQ) for 11 design and construction related professional services was issued by the City Engineer, in order to create a list of pre approved consultants. Over 70 qualifications packages were received and evaluated. This report recommends the firms that are in the opinion of the City Engineer, most qualified to provide services in the specific areas of expertise. RECOMMENDATION It is recommended that the City Council 1. Enter into a three -year on -call professional services agreement with Infrastructure Engineers of Orange for Civil and Traffic Engineering Design Services; Project Management, Construction Management, and Inspection Services for General engineering Projects; and Land Surveying Services; and Enter into a three -year on -call professional services agreement with Vanir Construction Management of Los Angeles for Project Management, Construction Management, and Inspection Services for Building Projects; Landscape Architecture Design Services; Pavement, Geotechnical and Materials Testing Services; Environmental Document Services; Community Relations /Public Outreach Services; Grant Writing Services; and Labor Compliance Services; and, Enter into a three -year on -call professional services agreement with La Canada Design Group of Pasadena for Architectural Design services. FISCAL IMPACT These agreements in and of themselves do not have any fiscal impact on any City fund. These agreements only pre approve consultant's that may be used on an on -call basis. LEGAL REVIEW This item has been reviewed by the City Attorney BACKGROUND The City needs specialized consultant's to assist with its various current and future capital improvements projects. By pre - qualifying consultants to be used on an on -call basis, the eight to twelve weeks traditionally used in soliciting consultants through a project specific RFQ process can be eliminated from the front end of each project. Every project assigned to a consultant will still require a separate written scope of work and contract, and based on the value of the contract approval by either the Chief Executive Officer or the City Council. Attachment: 1. Request for Qualifications 2. Professional Services Agreement with Infrastructure Engineers 3. Professional Services Agreement with Vanir Construction Management 4. Professional Services Agreement with La Canada Design Group CITY OF BALDWIN PARK BALDWIN P � A, R - K REQUEST FOR QUALIFICATIONS (RFQ) for General On -Call Professional Consulting and Engineering Services STATEMENT OF QUALFICATIONS DUE: No later than 10:00 a.m. June 3, 2014 Prepared By: Public Works Department CITY OF BALDWIN PARK 14403 East Pacific Avenue Baldwin Park, CA 91706 CONTACT INFORMATION Contact via email only, no telephone calls Daniel Wall, Director of Public Works, dwall@baldwinpark. com i I Invitation Submit Statements of Qualifications Dear Consultant, The City of Baldwin Park (City) Department of Public Works (Department) invites you to submit a proposal for general as- needed professional consulting and engineering service to support the City's Capital Improvement Program as well as other City projects and programs. Five printed copies not to exceed 50 pages each, and an electronic copy (PDF) of the complete SOQ shall be delivered in a sealed envelope addressed to: Daniel Wall, Director of Public Works / City Engineer 14403 E. Pacific Avenue Baldwin Park, CA 91706 -4297 No later than 10:00 a.m. on June 3, 2014. Proposal packages received after the due date will not be considered and will not be returned. Do not email or fax your submittal. Scope of Work - General The services of consulting firms are required, on an on -call basis to provide professional services in the various disciplines as described in more detail within this RFQ. These disciplines include: 1. Civil and Traffic Engineering Design Services; 2. Project Management, Construction Management, and Inspection Services for General Engineering Projects; 3. Project Management, Construction Management, and Inspection Services for Building Projects; 4. Architectural Design Services; 5. Landscape Architecture Design Services; 6. Land Surveying Services; 7. Pavement, Geotecbnical and Materials Testing Services; 8. Environmental Document Services; 9. Community Relations/Public Outreach Services; 10. Grant Writing Services; and Page 1 11. Labor Compliance Services on F14WA federally funded" projects in compliance with Caltrans Local Assistance Procedures Manual. Consultants can submit a Statement of Qualifications (SOQ) to one or more of the disciplines that are within their area(s) of expertise. A separate SOQ must be submitted for each discipline to be considered for that discipline. The SOQs in response to this RFQ are due by June 3, 2014 10:00 a.m. ,� / � kAq Daniel Wall, P.E. Director of Public Works / City Engineer City of Baldwin Park Page 2 City of Baldwin Park REQUEST FOR QUALIFICATIONS (RFQ) for General On -Call Professional Consulting and Engineering Services April 22, 2014 A. Introduction The city of Baldwin Park has issued this Request for Qualifications to establish a list of qualified consultants to provide on -call services to the City of Baldwin Park for various projects and programs. The Scope of work includes various disciplines as described in more detail in Section B. "Scope of Work" of this RFQ. These disciplines include: 1. Civil and Traffic Engineering Design Services; 2. Project Management, Construction Management, and Inspection Services for General Engineering Projects; 3. Project Management, Construction Management, and Inspection Services for Building Proj ects; 4. Architectural Design Services; 5. Landscape Architecture Design Services; 6. Land Surveying Services; 7. Pavement, Geotechnical and Materials Testing Services; 8. Environmental Document Services; 9. Community Relations/Public Outreach Services; 10. Grant Writing Services; and 11. Labor Compliance Services on FHWA federally funded projects in compliance with Caltrans Local Assistance Procedures Manual; Page 3 Consultants may submit a Statement of Qualifications (SOQ) for one or more disciplines that are within their area(s) of expertise. A separate SOO must be submitted for each discipline to be considered for that discipline. The City anticipates that this RFQ will result in the creation of an on -call list of qualified consultants in each of the disciplines listed in this RFQ. Once selected, each consultant will be required to execute an Annual On -Call Professional Consultant Services Agreement and any amendments thereof to extend the timeline for providing the services as an on -call consultant. The On -Call Consultant Services List may remain active for three years, with the City's option to extend contracts for two additional one year periods. The City may issue new RFQs at any time and add additional qualified consultants to the list when deeded necessary. The City reserves the right to negotiate with each contracted consultant on the On -Call Consultant Services List for annual renewal of contracts based,on performance measure. Performance measures are based on the timely completion of projects, quality of project delivered, and cost savings realized on respective projects. The City may solicit proposals from consultants selected for the On -Call Consultant Services List for specific projects and services throughout the term of the contract. Upon award of a specific project, the selected consultant will be required to execute a separate Project Specific Agreement and will be issued a written "Notice to Proceed" (NTP) to begin with the specified work. This RFQ outlines the requirements, selection process and documentation necessary to submit qualifications in response to the City's solicitation. Page 4 B. Scope of Work The scope of work is as follows: 1. Civil and Traffic Engineering Design Services The scope of work includes: design of streets, sidewalks, ADA ramps, drainage, storm drains, sewer, grading, pavement delineation, SWPPP, traffic signals, signing and striping, traffic control, bike trails, minor structures such as retaining walls, and other public infrastructure_ Note: Consultants providing traffic engineering design services can submit their SOQ by specifying that the SOQ is for Traffic Engineering Design Services only. 2. Project Management, Construction Management, and Inspection Services for General Engineering Projects The scope of work includes: project management, construction management, and inspection services for streets, sidewalks, ADA ramps, drainage; storm drains; sewer; grading; pavement delineation; SWPPP; traffic signals; signing and striping; traffic control; bike trails; minor structures such as retaining walls, parks, playgrounds, sports fields, and other public infrastructure. 3. Project Management, Construction Management, and Inspection Services for Building Projects The scope of work includes: project management, construction management, and inspection services for new public facilities/buildings, renovation and/or expansion of existing public buildings, interior building modificationshcnant improvements (TI), and fagade improvements. 4. Architectural Design Services The scope of work includes: architectural design services for new public facilities/buildings; renovations and/or expansion of existing public buildings; interior building modifications /tenant improvements (TI); facade improvements; heating, ventilation, refrigeration, and environmental management system design; electrical, plumbing, and miscellaneous mechanical system design including alternative energy systems; seismic studies; and building evaluations. Page 5 S. Landscape Architecture Design Services The scope of work includes: landscape design services for planting, irrigation and hardscape including low water/low maintenance design along streets; in parks and recreation areas, play grounds and sports fields. 6. Land Surveying Services The scope of work includes: design, construction and as-built surveys; preparation of legal descriptions and plat maps; and other surveying services including subdivision map checking. 7. Pavement, Geotechnical and Materials Testing Services The scope of work includes: pavement, geotechnical, accordance with Caltrans and/or City standards for improvements. Projects may include building mater structural steel elements in accordance with current geotechnical services for all projects. 8. Environmental Document Services and materials testing services in street, facility, and other capital ial testing including welding on building standards and providing The scope of work includes: environmental planning and document preparation (CEQA, NEPA); Phase I site assessments; and special studies such as noise, socioeconomic, biological, cultural, hazardous wastes, archeological, and historical, as needed on a project specific basis as required by the City. Typical projects include Capital Improvement Projects, road widening or narrowing, new construction, rehabilitation projects, storm drain, and signal installations. 9. Community Relations/Public Outreach Services The scope of work includes: public relations /community relations services on capital improvement projects including facilitation of outreach meetings, preparation and distributions of mail pieces, and creation and preparation of content for project specific web sites. 10. Grant Writing Services The scope of work includes the preparation of grant applications for available federal, state, regional, local and other grant funding opportunities. 11. Labor Compliance Services on kHWA federally funded projects in compliance with Caltrans Local Assistance Procedures Manual The scope of work is specifically for labor compliance services on FHWA federally funded projects in compliance with the Caltrans Local Assistance Procedures Manual. Page 6 Note: Consultants that provide one or a combination of any of these services can submit their SOQ for one or any combination of these services by specifying the service(s) for which the SOQ is being submitted. C. Mandatory Format For SOQ SOQ shall be submitted in the format specified as follows: Note: SOO shall not exceed 50 pages, excluding proposal cover, cover letter, table of contents, and section dividers. Do not include company brochures, marketing materials and other unnecessary materials. City is only interested in relevant information needed to evaluate submitted SOQs for each specific discipline and establish a list of qualified consultants. • Cover Letter The cover letter shall not exceed three pages. It shall state the disciplines for which the consultant is submitting the SOQ. The cover letter shall provide an executive, summary of the SOQ. Table of Contents The table of contents shall list each section as required below with page numbers. • Section 1. Company Qualifications This section shall not exceed four pages. Provide: the firm's general qualifications, location of the office from which services will be provided, licenses and certifications possessed by staff members and the firm; the type of entity, the names of the firms officers, principals and owners. • Section 2. Discipline Specific Experience Provide specific project experience in the discipline for which the SOQ is submitted, including: A. A list of project completed, including a brief scope of work and other relevant information; B. Specific experience in providing on -call contract services to local agencies; and C. Specific experience with state and federally funded projects and providing services in compliance with Caltrans Local Assistance Procedures Manual. Pavement, geotechnical and materials testing services providers shall indicate if their testing laboratory and technicians are certified by Caltrans. Page 7 • Section 3. References Provide a minimum of six public agency references. • Section 4. Project Staff Qualifications A. Provide a project organization chart showing the names and responsibilities of key personnel to be assigned to provide the services in the discipline for which the SOQ is submitted. B. Provide resumes of key project staff listed to the project organization chart. • Section 5. Project Approach and Understanding A. General Approach: Provide your approach to delivering projects in an efficient and cost effective manner. Subjects such as quality control, on -time and on- budget project delivery approach, schedule recovery approach, cost control measure, and constructability should be covered where appropriate. B. Scope of Work: Provide a general scope of work approach demonstrating knowledge and understanding of the specific discipline for which the SOQ is being submitted. • Section 5 Standard Billing Rate Schedule Provide your Standard billing Rate Schedule. D. Questions and Responses For questions regarding this RFQ, please contact via e -mail only: Dan Wall Director of Public Works dwall @baldwinpark. coin Responses will be posted 10 days prior to the proposal submittal deadline on the City's website under the Message for Contractor's and Vendors section. Page 8 E. SOQ Submittal Deadline Statements of Qualifications (SOQ) in response to this RFQ are due by June 3, 2014, 10:00 am. Submit five hard copies and one electronic file in PDF format to: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park Ca 91706 -4297 Attention Dan Wall, Director of Public Works F. Consultant Selection Procedure The City will evaluate the SOQs submitted, and select the most qualified consultant for the services being offered. In evaluating the proposals, the City will also consider the following factors: • Completeness of the proposals and compliance with the required format; • Experience and qualifications of the firm and the project team members; • Approach and understanding to provide services in an efficient and cost effective manner and incompliance with applicable standards and requirements; • Specific project experience; • References and performance records on similar assignments. G. Consultant Selection Procedure The City intends to follow, but will not be bound by, the following selection timeline: Issuance of RFQ Aril 22.2014 Deadline for Questions submitted via email May 15, 2014 Response to email questions May 22, 2014 Deadline for Submittal June 3, 2014, 10:00 am. Proposal Review and Evaluation June 3 -10, 2014 Interviews with Selected Firms June 16 -19, 2014 City Council Approval July 2, 2014 Page 9 H. General Conditions 1. The City of Baldwin Park shall not be liable for any pre - contractual expenses incurred by any proposing firm (proponent) in response to this RFP, nor shall any proponent include such expenses as part of the proposed cost. Pre - contractual expenses include any expense incurred in preparing a proposal and negotiating any terms with the City. 2. The City reserves the right to withdraw this RFQ at any time without prior notice and to reject any and all proposals submitted without indicating any reasons. Any award of contract for services will be made to the proponent that is best qualified and most responsive in the opinion of the City. 3. The City reserves the right to reject any and all Proposals_ The City expressly reserves the right to postpone the opening of submittals for its own convenience and to reject any and all submittals responding to this RFQ. 4. Consultant must agree to indemnify, hold harmless and defend the City, it officers, agents and assigns from any and all liability or loss resulting from any suits, claims, or actions brought against the City which result directly or indirectly from the wrongful or negligent actions of the consultant in the performance of the contract. 5. Consultant, at its own cost and expense, shall procure and maintain insurances as required by the Professional Services Agreement. 6. Consultant will be required to comply with all existing state and federal labor laws including those applicable to equal opportunity employment provisions. 7. Consultant is required to have in full force and effect all licenses and permits requied by all applicable laws. Consultant shall obtain and Baldwin Park Business License during the term of the contract. 8. Consultant, its agents, and employees shall comply with all laws, ordinances, rules and regulations of the federal and state governments, the County of Los Angeles, the City of Baldwin Park and all governing bodies having jurisdiction applying to work done under the agreement. 9. The City reserves the right to negotiate special requirements and proposed service levels using the selected proposal as a basis. Compensation for services will be negotiated with the Consultant. 10. Consultant shall not sublet any portion of the agreement with the City without express written permission of the Director of Public Works or his designated representative. 11. The City reserves the right to review and approve qualifications of subcontracting firms or persons. Substitutions that are not approved are considered sufficient grounds for termination of contract. Page 10 12. The City, or any of its duly authorized representative, shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, time and work records, employment records, or other records relating to personnel employed by the Consultant. Such material, including pertinent cost accounting, financial records and proprietary data, will be kept and maintained by Consultant for a period of at least four years after completion of a Consultant's performance unless the City's written permission is given to dispose of same prior to that time. 13. All response to this RFQ shall become the property of the City of Baldwin Park and will be retained or disposed of accordingly. 14. No amendments, additions, or alterations shall be accepted after the submission deadline. 15. All documents, records, designs, and specifications developed by the Consultant in the course of providing services to the City, shall become the property of the City. Anything considered proprietary should be so designated by the Consultant. 16. Acceptance by the City of any qualification submitted pursuant to this RFQ shall not constitute any implied intent to enter into a contract for services. 17. The City reserves the right to issue written notice to all interested parties of any change in the qualifications submission schedule should the City determine, at it sole discretion, that such changes are necessary. L Attachment i- City Standard Contract Attachment 1 contains a copy of the anticipated contract selected consultant will be required to sign for various projects, Page 11 Attachment I SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is entered into this day of 20 by and between the City of Baldwin Park ("CITY") and , a [insert legal form of entity, Le California corporation, limited partnership, etc.] ( "CONSULTANT "). RECITALS A. CITY has determined that it requires the following professional services from a consultant: B. CONSULTANT represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. CONSULTANT further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows: 2. DEFINITIONS A. "Scope of Services": Such professional services as are set forth in Exhibit A attached hereto and incorporated herein by this reference. B. "Approved Fee Schedule ": Such compensation rates as are set forth in the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. Page 12 C. "Commencement Date ": ['insert contract start date] D. `Expiration Date ": [insert contract end date] 2. CONSULTANT'S SERVICES A. Scope of Services. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall perform the services identified in the Scope of Services. CITY shall have the right to request, in writing, changes in the scope of work or the services to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement. B. Time for Performance. CONSULTANT shall commence the services on the Commencement Date and shall perform all services in conformance with the project timeline set forth in Exhibit C attached hereto and incorporated herein by this reference. C. Standard of Performance. CONSULTANT shall perform all work to the highest professional standards and in a manner reasonably satisfactory to CITY. CONSULTANT shall comply with all applicable federal, state and local laws, ordinances, codes and regulations. 3. REPRESENTATIVES A. City Representative. For the purposes of this Agreement, the contract administrator and CITY's representative shall be the City Engineer, (hereinafter the "City Representative "). It shall be CONSULTANT's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and CONSULTANT shall refer any decisions which must be made by CITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative. B. Consultant Representative. For the purposes of this Agreement, [insert name of Consultant's responsible principal] is hereby designated as the principal and representative of CONSULTANT authorized to act on its behalf with respect to the services specified herein and make all decisions in connection therewith (the "Responsible Principal'). Page 13 The Responsible Principal may not be changed by CONSULTANT without the prior written approval of CITY. 4. CONSULTANT'S PERSONNEL A. CONSULTANT represents that it has, or will secure at its own expense, all personnel required to perform the services required under this Agreement. All such services will be performed by CONSULTANT or under its supervision, and all personnel engaged in the work shall possess the qualifications, permits and licenses required by applicable law to perform such services. B. CONSULTANT shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by CITY. jaf (a) subconsultant/s are/is used then insert Section 4CJ C. As provided in Exhibit A, CONSULTANT may utilize the services of subconsultants to undertake specific work tasks. Fees for services provided by subconsultants, identified in Exhibit A, shall be compensated as set forth in Exhibit B. D. In the event that CITY, in its sole discretion, at anytime during the term of this Agreement, desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. E. CONSULTANT shall be responsible for payment of all employees' and subconsultants' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. F. Permits and Licenses. CONSULTANT shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a City of Baldwin Park business license. Page 14 5. FACILITIES AND EQUIPMENT Except as otherwise authorized by CITY in writing, CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. b. TERM OF AGREEMENT This Agreement is effective as of the Commencement Date and shall terminate on the Expiration Date, unless sooner terminated as provided in Section 18 herein. 7. COMPENSATION A. CITY agrees to compensate CONSULTANT for the services provided under this Agreement, and CONSULTANT agrees to accept in full satisfaction for such services, a sum not to exceed ($ ) payable as earned during the Project in accordance with Exhibit B. The compensation payable hereunder includes all professional services. Payments shall be made in accordance with Section 8 herein. CITY shall not withhold applicable federal or state payroll or any other required taxes, or other authorized deductions from each payment made to CONSULTANT. B. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement. C. Additional Services. No claims for additional services performed by CONSULTANT which are beyond the scope set forth in Exhibit A will be allowed unless such additional work is authorized by CITY in writing prior to the performance of such services. Additional services, if any are authorized, shall be compensated on a time and materials basis using CONSULTANT's Approved Fee Schedule (Exhibit B). Fees for such additional services shall be paid within thirty (30) days of the date CONSULTANT issues an invoice to CITY for such services. 8. METHOD OF PAYMENT CONSULTANT shall submit to CITY an invoice, on a monthly basis, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing Page 15 period and the amount due. Such itemizations shall include the days worked, number of hours worked, and authorized reimbursable expenses incurred with appropriate back -up documentation and receipts evidencing the authorized expenses, if any, for each day in the period and shall separately describe any additional services authorized by CITY. Any invoice claiming compensation for additional services shall include appropriate documentation of CITY's prior authorization. Within ten (10) business days of receipt of each invoice, CITY shall notify CONSULTANT in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice up to the maximum amount set forth in Section 7. 9. OWNERSHIP OF WORK PRODUCT All reports, documents or other written material ( "written products ") developed by CONSULTANT in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. CONSULTANT may take and retain such copies of the written products as desired, but no such written products shall be the subject of a copyright application by CONSULTANT. 10. TRAVEL REIMBURSEMENT Travel required by CONSULTANT or any subconsultant or subcontractor pursuant to this Agreement shall be a reimbursable expense and shall only be made where necessary to complete the services agreed to be performed under this Agreement. Travel expenses shall be reasonable and shall be incurred in the most cost efficient manner possible. All requests for travel reimbursement shall be accompanied by appropriate back -up documentation and receipts evidencing authorized expenses. 11. INDEPENDENT CONTRACTOR CONSULTANT will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute CONSULTANT as an agent, servant, or employee of CITY and shall not and is not intended to create the relationship of partnership, joint venture or association between CITY and CONSULTANT. 12. CONFIDENTIALITY All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONSULTANT without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required or necessary to provide the services under this Agreement. All CITY data shall be returned to CITY upon the termination of this Agreement. CONSULTANT's covenant under this Section shall survive the termination of this Agreement. 13. CONFLICTS OF INTEREST CONSULTANT hereby warrants for itself, its employees, and subcontractors that those persons presently bave no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONSULTANT in connection with this project. CONSULTANT hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute. CONSULTANT agrees that a clause substantially similar to this Section shall be incorporated into any sub - contract that CONSULTANT executes in connection with the performance of this Agreement. 14. INDEMNIFICATION A. To the full extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns from and against any and all claims, demands, causes of action, liability, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONSULTANT or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such Page 17 costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice. The parties understand and agree that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. B. CONSULTANT's obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY, its officers, agents, employees and volunteers. C. CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations for the benefit of CITY, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONSULTANT or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice. D. CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONSULTANT agrees that CONSULTANT'S covenant under this Section shall survive the termination of this Agreement. Page 18 E. CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall fully comply with the workers' compensation laws regarding CONSULTANT and CONSULTANT's employees. CONSULTANT further agrees to indemnify and hold CITY harmless from any failure of CONSULTANT to comply with applicable workers' compensation laws. CITY shall have the right to offset against the amount of any fees due to CONSULTANT under this Agreement any amount due to CITY from CONSULTANT as a result of CONSULTANT's failure to promptly pay to CITY any reimbursement or indemnification arising under this Section. 15. INSURANCE A_ CONSULTANT shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows: 1. Commercial General Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage. 2. Automobile Liability Insurance for any owned, non -owned or hired vehicle used in connection with the performance of this Agreement with minimum Iimits of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. 3. Worker's Compensation insurance as required by the State of California. 4. Professional Liability Insurance with a minimum limit of Two Iv llion Dollars ($2,000,000) per occurrence B. CONSULTANT shall require each of its sub-consultants or sub- contractors to maintain insurance coverage that meets all of the requirements of this Agreement. Page 19 C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide. D. CONSULTANT agrees that if it does not keep the insurance required in this Agreement in fall force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT'S expense, the premium thereon. E. Prior to commencement of work under this Agreement, CONSULTANT shall file with CITY's Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement. F. CONSULTANT shall provide proof that policies of insurance expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages_ G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds. All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to CITY. CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. H. The insurance provided by CONSULTANT shall be primary to any other coverage available to CITY. Any insurance or self - insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of CONSULTANT's insurance and shall not contribute with it. Page 20 I. All insurance coverage provided pursuant to this Agreement shall not prohibit CONSULTANT, and CONSULTANT's employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY. I. Any deductibles or self- insured retentions must be approved by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the deductibles or self - insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses. K. If CONSULTANT is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds. L. Procurement of insurance by CONSULTANT shall not be construed as a limitation of CONSULTANT's liability or as full performance of CONSULTANT's duties to indemnify, hold harmless and defend under Section 14 of this Agreement. 16. MUTUAL COOPERATION A. CITY shall provide CONSULTANT with all pertinent data, documents and other requested information as is reasonably available for the proper performance of CONSULTANT's services. B. In the event any claim or action is brought against CITY relating to CONSULTANT's performance in connection with this Agreement, CONSULTANT shall render any reasonable assistance that CITY may require. 17. RECORDS AND INSPECTIONS CONSULTANT shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years. CITY shall have access, without charge, upon reasonable notice, during normal business hours to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. Page 21 18. TERMINATION OF AGREEMENT A. CITY shall have the right to terminate this Agreement for any reason or for no reason on five (5) calendar days' written notice to CONSULTANT. CONSULTANT shall have the right to terminate this Agreement for any reason or no reason on sixty (60) calendar days' written notice to CITY. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of such notice. All completed and uncompleted products up to the date of receipt of written notice of termination shall become the property of CITY. B. In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the services required by this Agreement. 19. FORCE MAJEURE CONSULTANT shall not be liable for any failure to perform if CONSULTANT presents acceptable evidence, in CITY's sole judgment, that such failure was due to causes beyond the control, and without the fault or negligence of CONSULTANT. 20_ NOTICES Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONSULTANT's and CITY's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing. If to CITY: If to CONSULTANT: Attn: Director of Public Works Attn: 14403 E. Pacific Avenue Baldwin Park, CA 91706 Telephone: (626) 813 -5251 Telephone: Page 22 With a courtesy copy to: Robert Tafoya, City Attorney Tafoya and Garcia 316 W. 2"a Street, Suite 1000 Los Angeles, CA 90012 Telephone: (213) 617 -0600 email: Robert@tafoyagarcia.com Facsimile: (213) 626 -0078 i 21. NON - DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY In the performance of this Agreement, CONSULTANT shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation or other basis prohibited by law. CONSULTANT will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 22. PROHIBITION AGAINST ASSIGNMENT CONSULTANT shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY's prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT. 23. ATTORNEY'S FEES In the event that CITY or CONSULTANT commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees. 24. ENTIRE AGREEMENT All documents referenced as exhibits in this Agreement are hereby incorporated in this Page 23 Agreement. In the event of any material discrepancy between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between CITY and CONSULTANT with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by CITY and CONSULTANT. 25. GOVERNING LAW; .IURISDICTION This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event of litigation between the parties, venue in State trial courts shall lie exclusively in Los Angeles County. In the event of litigation in a United States District Court, exclusive venue shall lie in the Central District of California. 26. SEVERABILITY Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. 27. CAPTIONS The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein. 28. EXECUTION This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. Page 24 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. CITY OF BALDWIN PARK Manuel Lozano. By: Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: Robert Tafoya City Attorn ey CONSULTANT: [insert name and title] [insert name and title -FYI IT TAKES TWO SIGNATURES TO BIND A CORPORATION] Page 25 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is entered into this 19th day of June, 2014 by and between the City of Baldwin Park ( "CITY ") and Advanced Applied Engineering, Inc, a California Corporation, DBA Infrastructure Engineers ( "CONSULTANT "). RECITALS A. CITY has determined that it requires the following professional services from a consultant on an on -call basis: 1. Civil and Traffic Engineering Design Services; 2, Project Management, Construction Management, and Inspection Services for General Engineering Projects; 3. Land Surveying Services; B. CONSULTANT represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. CONSULTANT further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows: 1. DEFINITIONS A. "Scope of Services ": Such professional services as are set forth in future amendments to this contract incorporated herein by this reference. B. "Approved Fee Schedule ": Such compensation rates as are set forth in the fee schedule attached hereto as Exhibit A and incorporated herein by this reference. C. "Commencement Date" June 19, 2014 D. "Expiration Date ": June 19, 2017 Page 1 2. CONSULTANT'S SERVICES A. Scope of Services. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall perform the services identified in the Scope of Services. CITY shall have the right to request, in writing, changes in the scope of work or the services to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement. B. Time for Performance. CONSULTANT shall commence the services on the Commencement Date and shall perform all services in conformance with the project timeline set forth in Exhibit C attached hereto and incorporated herein by this reference. C. Standard of Performance. CONSULTANT shall perform all work to the highest professional standards and in a manner reasonably satisfactory to CITY. CONSULTANT shall comply with all applicable federal, state and local laws, ordinances, codes and regulations. 3. REPRESENTATIVES A. City Representative. For the purposes of this Agreement, the contract administrator and CITY's representative shall be the City Engineer, (hereinafter the "City Representative "). It shall be CONSULTANT's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and CONSULTANT shall refer any decisions which must be made by CITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative. B. Consultant Representative. For the purposes of this Agreement, [insert name of Consultant's responsible principal] is hereby designated as the principal and representative of CONSULTANT authorized to act on its behalf with respect to the services specified herein and make all decisions in connection therewith (the "Responsible Principal "). The Responsible Principal may not be changed by CONSULTANT without the prior written approval of CITY. 4. CONSULTANT'S PERSONNEL A. CONSULTANT represents that it has, or will secure at its own expense, all personnel required to perform the services required under this Agreement. All such services will be performed by CONSULTANT or under its supervision, and all personnel engaged in the work shall possess the qualifications, permits and licenses required by applicable law to perform such services. B. CONSULTANT shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by CITY. [f (a) suhconsultant/s are/is used then insert Section 4C] C. As provided in Exhibit A, CONSULTANT may utilize the services of subconsultants to undertake specific work tasks. Fees for services provided by subconsultants, identified in Exhibit A, shall be compensated as set forth in Exhibit B. D. In the event that CITY, in its sole discretion, at anytime during the term of this Agreement, desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. E. CONSULTANT shall be responsible for payment of all employees' and subconsultants' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. F. Permits and Licenses. CONSULTANT shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a City of Baldwin Park business license. 5. FACILITIES AND EQUIPMENT Except as otherwise authorized by CITY in writing, CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 6. TERM OF AGREEMENT This Agreement is effective as of the Commencement Date and shall terminate on the Expiration Date, unless sooner terminated as provided in Section 18 herein. 7. COMPENSATION A. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in future amendments to this agreement. Total compensation, including reimbursement for actual expense, shall not exceed ten thousand dollars ($10,000), unless additional compensation is approved in writing by the Chief Executive Officer of the City or the City Council. B. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement. C. Additional Services. No claims for additional services performed by CONSULTANT which are beyond the scope set forth future amendments will be allowed unless such additional work is authorized by CITY in writing prior to the performance of such services. Additional services, if any are authorized, shall be compensated on a time and materials basis using CONSULTANT's Approved Fee Schedule (Exhibit A). Fees for such additional services shall be paid within thirty (30) days of the date CONSULTANT issues an invoice to CITY for such services. 8. METHOD OF PAYMENT CONSULTANT shall submit to CITY an invoice, on a monthly basis, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Such itemizations shall include the days worked, number of hours worked, and authorized reimbursable expenses incurred with appropriate back -up documentation and receipts evidencing the authorized expenses, if any, for each day in the period and shall separately describe any additional services authorized by CITY. Any invoice claiming compensation for additional services shall include appropriate documentation of CITY's prior authorization. Within ten (10) business days of receipt of each invoice, CITY shall notify CONSULTANT in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice up to the maximum amount set forth in Section 7. 9. OWNERSHIP OF WORK PRODUCT All reports, documents or other written material ( "written products ") developed by CONSULTANT in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. CONSULTANT may take and retain such copies of the written products as desired, but no such written products shall be the subject of a copyright application by CONSULTANT. 10. TRAVEL REIMBURSEMENT Travel required by CONSULTANT or any subconsultant or subcontractor pursuant to this Agreement shall be a reimbursable expense and shall only be made where necessary to complete the services agreed to be performed under this Agreement. Travel expenses shall be reasonable and shall be incurred in the most cost efficient manner possible. All requests for travel reimbursement shall be accompanied by appropriate back -up documentation and receipts evidencing authorized expenses. 11. INDEPENDENT CONTRACTOR CONSULTANT will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute CONSULTANT as an agent, servant, or employee of CITY and shall not and is not intended to create the relationship of partnership, joint venture or association between CITY and CONSULTANT. 12. CONFIDENTIALITY All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONSULTANT without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required or necessary to provide the services under this Agreement. All CITY data shall be returned to CITY upon the termination of this Agreement. CONSULTANT's covenant under this Section shall survive the termination of this Agreement. 13. CONFLICTS OF INTEREST CONSULTANT hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONSULTANT in connection with this project. CONSULTANT hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute. CONSULTANT agrees that a clause substantially similar to this Section shall be incorporated into any sub - contract that CONSULTANT executes in connection with the performance of this Agreement. 14. INDEMNIFICATION A. To the full extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns from and against any and all claims, demands, causes of action, liability, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONSULTANT or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice. The parties understand and agree that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. B. CONSULTANT's obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY, its officers, agents, employees and volunteers. C. CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations for the benefit of CITY, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONSULTANT or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice. D. CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONSULTANT agrees that CONSULTANT'S covenant under this Section shall survive the termination of this Agreement. E. CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall fully comply with the workers' compensation laws regarding CONSULTANT and CONSULTANT's employees. CONSULTANT further agrees to indemnify and hold CITY harmless from any failure of CONSULTANT to comply with applicable workers' compensation laws. CITY shall have the right to offset against the amount of any fees due to CONSULTANT under this Agreement any amount due to CITY from CONSULTANT as a result of CONSULTANT's failure to promptly pay to CITY any reimbursement or indemnification arising under this Section. 15. INSURANCE A. CONSULTANT shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows: 1. Commercial General Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage. 2. Automobile Liability Insurance for any owned, non -owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. 3. Worker's Compensation insurance as required by the State of California. 4. Professional Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence B. CONSULTANT shall require each of its sub - consultants or sub- contractors to maintain insurance coverage that meets all of the requirements of this Agreement. C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide. D. CONSULTANT agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT'S expense, the premium thereon. E. Prior to commencement of work under this Agreement, CONSULTANT shall file with CITY's Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement. F. CONSULTANT shall provide proof that policies of insurance expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds. All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to CITY. CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. H. The insurance provided by CONSULTANT shall be primary to any other coverage available to CITY. Any insurance or self - insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of CONSULTANT's insurance and shall not contribute with it. L All insurance coverage provided pursuant to this Agreement shall not prohibit CONSULTANT, and CONSULTANT's employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY. J. Any deductibles or self - insured retentions must be approved by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the deductibles or self - insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses. K. If CONSULTANT is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds. L. Procurement of insurance by CONSULTANT shall not be construed as a limitation of CONSULTANT's liability or as full performance of CONSULTANT's duties to indemnify, hold harmless and defend under Section 14 of this Agreement. 16. MUTUAL COOPERATION A. CITY shall provide CONSULTANT with all pertinent data, documents and other requested information as is reasonably available for the proper performance of CONSULTANT's services. B. In the event any claim or action is brought against CITY relating to CONSULTANT's performance in connection with this Agreement, CONSULTANT shall render any reasonable assistance that CITY may require. 17. RECORDS AND INSPECTIONS CONSULTANT shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years. CITY shall have access, without charge, upon reasonable notice, during normal business hours to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. 18. TERMINATION OF AGREEMENT A. CITY shall have the right to terminate this Agreement for any reason or for no reason on five (5) calendar days' written notice to CONSULTANT. CONSULTANT shall have the right to terminate this Agreement for any reason or no reason on sixty (60) calendar days' written notice to CITY. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of such notice. All completed and uncompleted products up to the date of receipt of written notice of termination shall become the property of CITY. B. In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the services required by this Agreement. 19. FORCE MAJEURE CONSULTANT shall not be liable for any failure to perform if CONSULTANT presents acceptable evidence, in CITY's sole judgment, that such failure was due to causes beyond the control, and without the fault or negligence of CONSULTANT. 20. NOTICES Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONSULTANT's and CITY's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing. If to CITY: If to CONSULTANT: Attn: Director of Public Works Attn: 14403 E. Pacific Avenue Baldwin Park, CA 91706 Telephone: (626) 813 -5251 Telephone: With a courtesy copy to: Robert Tafoya, City Attorney Tafoya and Garcia 316 W. 2 "d Street, Suite 1000 Los Angeles, CA 90012 Telephone: (213) 617 -0600 email: Robert@tafoyagarcia.com Facsimile: (213) 626 -0078 21. NON - DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY In the performance of this Agreement, CONSULTANT shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation or other basis prohibited by law. CONSULTANT will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 22. PROHIBITION AGAINST ASSIGNMENT CONSULTANT shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY's prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT. 23. ATTORNEY'S FEES In the event that CITY or CONSULTANT commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees. 24. ENTIRE AGREEMENT All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between CITY and CONSULTANT with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by CITY and CONSULTANT. 25. GOVERNING LAW; JURISDICTION This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event of litigation between the parties, venue in State trial courts shall lie exclusively in Los Angeles County. In the event of litigation in a United States District Court, exclusive venue shall lie in the Central District of California. 26. SEVERABILITY Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. 27. CAPTIONS The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein. 28. EXECUTION This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken. together shall constitute one and the same instrument. TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. CITY OF BALDWIN PARK CONSULTANT: Manuel Lozano. By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: Robert Tafoya City Attorney C [insert name and title] [insert name and title -FYI IT TAKES TWO SIGNATURES TO BIND A CORPORATION] Exhibit A Consultant's Fee Schedule AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is entered into this 19th day of June, 2014 by and between the City of Baldwin Park ( "CITY ") and Vanir Construction Management, a California Corporation ( "CONSULTANT ") RECITALS A. CITY has determined that it requires the following professional services from a consultant on an on -call basis: 1. Project Management, Construction Management, and Inspection Services for Building Projects; 2. Landscape Architecture Design Services; 3. Pavement, Geotechnical and Materials Testing Services; 4. Environmental Document Services; 5. Community Relations /Public Outreach Services; 6. Grant Writing Services; and 7. Labor Compliance Services B. CONSULTANT represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. CONSULTANT further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows: Page 1 1. DEFINITIONS A. "Scope of Services ": Such professional services as are set forth in future amendments to this contract and incorporated herein by this reference. B. "Approved Fee Schedule ": Such compensation rates as are set forth in the fee schedule attached hereto as Exhibit A and incorporated herein by this reference. C. "Commencement Date" June 19, 2014 D. "Expiration Date ": June 19, 2017 2. CONSULTANT'S SERVICES A. Scope of Services. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall perform the services identified in the Scope of Services. CITY shall have the right to request, in writing, changes in the scope of work or the services to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement. B. Time for Performance. CONSULTANT shall commence the services on the Commencement Date and shall perform all services in conformance with the project timeline set forth in Exhibit C attached hereto and incorporated herein by this reference. C. Standard of Performance. CONSULTANT shall perform all work to the highest professional standards and in a manner reasonably satisfactory to CITY. CONSULTANT shall comply with all applicable federal, state and local laws, ordinances, codes and regulations. 3. REPRESENTATIVES A. City Representative. For the purposes of this Agreement, the contract administrator and CITY's representative shall be the City Engineer, (hereinafter the "City Representative "). It shall be CONSULTANT's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and CONSULTANT shall refer any decisions which must be made by CITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative. B. Consultant Representative. For the purposes of this Agreement, [insert name of Consultant's responsible principal] is hereby designated as the principal and representative of CONSULTANT authorized to act on its behalf with respect to the services specified herein and make all decisions in connection therewith (the "Responsible Principal "). The Responsible Principal may not be changed by CONSULTANT without the prior written approval of CITY. 4. CONSULTANT'S PERSONNEL A. CONSULTANT represents that it has, or will secure at its own expense, all personnel required to perform the services required under this Agreement. All such services will be performed by CONSULTANT or under its supervision, and all personnel engaged in the work shall possess the qualifications, permits and licenses required by applicable law to perform such services. B. CONSULTANT shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by CITY. [f (a) subconsultant/s are/is used then insert Section 4C] C. As provided in Exhibit A, CONSULTANT may utilize the services of subconsultants to undertake specific work tasks. Fees for services provided by subconsultants, identified in Exhibit A, shall be compensated as set forth in Exhibit B. D. In the event that CITY, in its sole discretion, at anytime during the term of this Agreement, desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. E. CONSULTANT shall be responsible for payment of all employees' and subconsultants' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. F. Permits and Licenses. CONSULTANT shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a City of Baldwin Park business license. 5. FACILITIES AND EQUIPMENT Except as otherwise authorized by CITY in writing, CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 6. TERM OF AGREEMENT This Agreement is effective as of the Commencement Date and shall terminate on the Expiration Date, unless sooner terminated as provided in Section 18 herein. 7. COMPENSATION A. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in future amendments to this agreement. Total compensation, including reimbursement for actual expense, shall not exceed ten thousand dollars ($10,000), unless additional compensation is approved in writing by the Chief Executive Officer of the City or the City Council. B. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement. C. Additional Services. No claims for additional services performed by CONSULTANT which are beyond the scope set forth future amendments will be allowed unless such additional work is authorized by CITY in writing prior to the performance of such services. Additional services, if any are authorized, shall be compensated on a time and materials basis using CONSULTANT's Approved Fee Schedule (Exhibit A). Fees for such additional services shall be paid within thirty (30) days of the date CONSULTANT issues an invoice to CITY for such services. E :�uTI010Is 0] 1X17117AICTJ I- l►fl1 CONSULTANT shall submit to CITY an invoice, on a monthly basis, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Such itemizations shall include the days worked, number of hours worked, and authorized reimbursable expenses incurred with appropriate back -up documentation and receipts evidencing the authorized expenses, if any, for each day in the period and shall separately describe any additional services authorized by CITY. Any invoice claiming compensation for additional services shall include appropriate documentation of CITY's prior authorization. Within ten (10) business days of receipt of each invoice, CITY shall notify CONSULTANT in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice up to the maximum amount set forth in Section 7. 9. OWNERSHIP OF WORK PRODUCT All reports, documents or other written material ( "written products ") developed by CONSULTANT in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. CONSULTANT may take and retain such copies of the written products as desired, but no such written products shall be the subject of a copyright application by CONSULTANT. 10. TRAVEL REIMBURSEMENT Travel required by CONSULTANT or any subconsultant or subcontractor pursuant to this Agreement shall be a reimbursable expense and shall only be made where necessary to complete the services agreed to be performed under this Agreement. Travel expenses shall be reasonable and shall be incurred in the most cost efficient manner possible. All requests for travel reimbursement shall be accompanied by appropriate back -up documentation and receipts evidencing authorized expenses. 11. INDEPENDENT CONTRACTOR CONSULTANT will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute CONSULTANT as an agent, servant, or employee of CITY and shall not and is not intended to create the relationship of partnership, joint venture or association between CITY and CONSULTANT. 12. CONFIDENTIALITY All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONSULTANT without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required or necessary to provide the services under this Agreement. All CITY data shall be returned to CITY upon the termination of this Agreement. CONSULTANT's covenant under this Section shall survive the termination of this Agreement. 13. CONFLICTS OF INTEREST CONSULTANT hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONSULTANT in connection with this project. CONSULTANT hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute. CONSULTANT agrees that a clause substantially similar to this Section shall be incorporated into any sub - contract that CONSULTANT executes in connection with the performance of this Agreement. 14. INDEMNIFICATION A. To the full extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns from and against any and all claims, demands, causes of action, liability, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONSULTANT or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice. The parties understand and agree that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. B. CONSULTANT's obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY, its officers, agents, employees and volunteers. C. CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations for the benefit of CITY, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONSULTANT or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice. D. CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONSULTANT agrees that CONSULTANT'S covenant under this Section shall survive the termination of this Agreement. E. CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall fully comply with the workers' compensation laws regarding CONSULTANT and CONSULTANT's employees. CONSULTANT further agrees to indemnify and hold CITY harmless from any failure of CONSULTANT to comply with applicable workers' compensation laws. CITY shall have the right to offset against the amount of any fees due to CONSULTANT under this Agreement any amount due to CITY from CONSULTANT as a result of CONSULTANT's failure to promptly pay to CITY any reimbursement or indemnification arising under this Section. 15. INSURANCE A. CONSULTANT shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows: 1. Commercial General Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage. 2. Automobile Liability Insurance for any owned, non -owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. 3. Worker's Compensation insurance as required by the State of California. 4. Professional Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence B. CONSULTANT shall require each of its sub - consultants or sub- contractors to maintain insurance coverage that meets all of the requirements of this Agreement. C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide. D. CONSULTANT agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT'S expense, the premium thereon. E. Prior to commencement of work under this Agreement, CONSULTANT shall file with CITY's Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement. F. CONSULTANT shall provide proof that policies of insurance expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds. All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to CITY. CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. H. The insurance provided by CONSULTANT shall be primary to any other coverage available to CITY. Any insurance or self - insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of CONSULTANT's insurance and shall not contribute with it. I. All insurance coverage provided pursuant to this Agreement shall not prohibit CONSULTANT, and CONSULTANT's employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY. J. Any deductibles or self - insured retentions must be approved by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the deductibles or self - insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses. K. If CONSULTANT is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds. L. Procurement of insurance by CONSULTANT shall not be construed as a limitation of CONSULTANT's liability or as full performance of CONSULTANT's duties to indemnify, hold harmless and defend under Section 14 of this Agreement. 16. MUTUAL COOPERATION A. CITY shall provide CONSULTANT with all pertinent data, documents and other requested information as is reasonably available for the proper performance of CONSULTANT's services. B. In the event any claim or action is brought against CITY relating to CONSULTANT's performance in connection with this Agreement, CONSULTANT shall render any reasonable assistance that CITY may require. 17. RECORDS AND INSPECTIONS CONSULTANT shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years. CITY shall have access, without charge, upon reasonable notice, during normal business hours to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. 18. TERMINATION OF AGREEMENT A. CITY shall have the right to terminate this Agreement for any reason or for no reason on five (5) calendar days' written notice to CONSULTANT. CONSULTANT shall have the right to terminate this Agreement for any reason or no reason on sixty (60) calendar days' written notice to CITY. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of such notice. All completed and uncompleted products up to the date of receipt of written notice of termination shall become the property of CITY. B. In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the services required by this Agreement. 19. FORCE MAJEURE CONSULTANT shall not be liable for any failure to perform if CONSULTANT presents acceptable evidence, in CITY's sole judgment, that such failure was due to causes beyond the control, and without the fault or negligence of CONSULTANT. 20. NOTICES Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONSULTANT's and CITY's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing. If to CITY: If to CONSULTANT: Attn: Director of Public Works Attn: 14403 E. Pacific Avenue Baldwin Park, CA 91706 Telephone: (626) 813 -5251 With a courtesy copy to: Robert Tafoya, City Attorney Tafoya and Garcia 316 W. 2nd Street, Suite 1000 Los Angeles, CA 90012 Telephone: (213) 617 -0600 email: Robert@tafoyagarcia.com Facsimile: (213) 626 -0078 Telephone: 21. NON - DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY In the performance of this Agreement, CONSULTANT shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation or other basis prohibited by law. CONSULTANT will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 22. PROHIBITION AGAINST ASSIGNMENT CONSULTANT shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY's prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT. 23. ATTORNEY'S FEES In the event that CITY or CONSULTANT commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees. 24. ENTIRE AGREEMENT All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between CITY and CONSULTANT with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by CITY and CONSULTANT. 25. GOVERNING LAW; JURISDICTION This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event of litigation between the parties, venue in State trial courts shall lie exclusively in Los Angeles County. In the event of litigation in a United States District Court, exclusive venue shall lie in the Central District of California. 26. SEVERABILITY Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. 27. CAPTIONS The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein. 28. EXECUTION This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. CITY OF BALDWIN PARK CONSULTANT: Manuel Lozano. By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: Robert Tafoya City Attorney S [insert name and title] [insert name and title -FYI IT TAKES TWO SIGNATURES TO BIND A CORPORATION] AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is entered into this 19th day of June, 2014 by and between the City of Baldwin Park ( "CITY ") "CONSULTANT "). RECITALS La Canada Design Group, a California Corporation, A. CITY has determined that it requires the following professional services from a consultant on an on -call basis: 1. Architectural Design Services B. CONSULTANT represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. CONSULTANT further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows: 1. DEFINITIONS A. "Scope of Services ": Such professional services as are set forth in future amendments to this contract incorporated herein by this reference. B. "Approved Fee Schedule ": Such compensation rates as are set forth in the fee schedule attached hereto as Exhibit A and incorporated herein by this reference. C. "Commencement Date" June 19, 2014 D. "Expiration Date ": June 19, 2017 2. CONSULTANT'S SERVICES A. Scope of Services. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall perform the services identified in the Scope of Services. CITY shall have the right to request, in writing, changes in the scope of work or the services to Page 1 be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement. B. Time for Performance. CONSULTANT shall commence the services on the Commencement Date and shall perform all services in conformance with the project timeline set forth in Exhibit C attached hereto and incorporated herein by this reference. C. Standard of Performance. CONSULTANT shall perform all work to the highest professional standards and in a manner reasonably satisfactory to CITY. CONSULTANT shall comply with all applicable federal, state and local laws, ordinances, codes and regulations. 3. REPRESENTATIVES A. City Representative. For the purposes of this Agreement, the contract administrator and CITY's representative shall be the City Engineer, (hereinafter the "City Representative "). It shall be CONSULTANT's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and CONSULTANT shall refer any decisions which must be made by CITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative. B. Consultant Representative. For the purposes of this Agreement, [insert name of Consultant's responsible principal] is hereby designated as the principal and representative of CONSULTANT authorized to act on its behalf with respect to the services specified herein and make all decisions in connection therewith (the "Responsible Principal "). The Responsible Principal may not be changed by CONSULTANT without the prior written approval of CITY. 4. CONSULTANT'S PERSONNEL A. CONSULTANT represents that it has, or will secure at its own expense, all personnel required to perform the services required under this Agreement. All such services will be performed by CONSULTANT or under its supervision, and all personnel engaged in the work shall possess the qualifications, permits and licenses required by applicable law to perform such services. B. CONSULTANT shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by CITY. [if (a) subconsultants arers used then insert Section 4C] C. As provided in Exhibit A, CONSULTANT may utilize the services of subconsultants to undertake specific work tasks. Fees for services provided by subconsultants, identified in Exhibit A, shall be compensated as set forth in Exhibit B. D. In the event that CITY, in its sole discretion, at anytime during the term of this Agreement, desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. E. CONSULTANT shall be responsible for payment of all employees' and subconsultants' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. F. Permits and Licenses. CONSULTANT shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a City of Baldwin Park business license. 5. FACILITIES AND EQUIPMENT Except as otherwise authorized by CITY in writing, CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 6. TERM OF AGREEMENT This Agreement is effective as of the Commencement Date and shall terminate on the Expiration Date, unless sooner terminated as provided in Section 18 herein. 7. COMPENSATION A. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in future amendments to this agreement. Total compensation, including reimbursement for actual expense, shall not exceed ten thousand dollars ($10,000), unless additional compensation is approved in writing by the Chief Executive Officer of the City or the City Council. B. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement. C. Additional Services. No claims for additional services performed by CONSULTANT which are beyond the scope set forth future amendments will be allowed unless such additional work is authorized by CITY in writing prior to the performance of such services. Additional services, if any are authorized, shall be compensated on a time and materials basis using CONSULTANT's Approved Fee Schedule (Exhibit A). Fees for such additional services shall be paid within thirty (30) days of the date CONSULTANT issues an invoice to CITY for such services. 8. METHOD OF PAYMENT CONSULTANT shall submit to CITY an invoice, on a monthly basis, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Such itemizations shall include the days worked, number of hours worked, and authorized reimbursable expenses incurred with appropriate back -up documentation and receipts evidencing the authorized expenses, if any, for each day in the period and shall separately describe any additional services authorized by CITY. Any invoice claiming compensation for additional services shall include appropriate documentation of CITY's prior authorization. Within ten (10) business days of receipt of each invoice, CITY shall notify CONSULTANT in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice up to the maximum amount set forth in Section 7. 9. OWNERSHIP OF WORK PRODUCT All reports, documents or other written material ( "written products ") developed by CONSULTANT in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. CONSULTANT may take and retain such copies of the written products as desired, but no such written products shall be the subject of a copyright application by CONSULTANT. 10. TRAVEL REIMBURSEMENT Travel required by CONSULTANT or any subconsultant or subcontractor pursuant to this Agreement shall be a reimbursable expense and shall only be made where necessary to complete the services agreed to be performed under this Agreement. Travel expenses shall be reasonable and shall be incurred in the most cost efficient manner possible. All requests for travel reimbursement shall be accompanied by appropriate back -up documentation and receipts evidencing authorized expenses. 11. INDEPENDENT CONTRACTOR CONSULTANT will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute CONSULTANT as an agent, servant, or employee of CITY and shall not and is not intended to create the relationship of partnership, joint venture or association between CITY and CONSULTANT. 12. CONFIDENTIALITY All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONSULTANT without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required or necessary to provide the services under this Agreement. All CITY data shall be returned to CITY upon the termination of this Agreement. CONSULTANT's covenant under this Section shall survive the termination of this Agreement. 13. CONFLICTS OF INTEREST CONSULTANT hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONSULTANT in connection with this project. CONSULTANT hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute. CONSULTANT agrees that a clause substantially similar to this Section shall be incorporated into any sub - contract that CONSULTANT executes in connection with the performance of this Agreement. 14. INDEMNIFICATION A. To the full extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns from and against any and all claims, demands, causes of action, liability, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONSULTANT or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice. The parties understand and agree that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. B. CONSULTANT's obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY, its officers, agents, employees and volunteers. C. CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations for the benefit of CITY, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONSULTANT or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice. D. CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONSULTANT agrees that CONSULTANT'S covenant under this Section shall survive the termination of this Agreement. E. CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall fully comply with the workers' compensation laws regarding CONSULTANT and CONSULTANT's employees. CONSULTANT further agrees to indemnify and hold CITY harmless from any failure of CONSULTANT to comply with applicable workers' compensation laws. CITY shall have the right to offset against the amount of any fees due to CONSULTANT under this Agreement any amount due to CITY from CONSULTANT as a result of CONSULTANT's failure to promptly pay to CITY any reimbursement or indemnification arising under this Section. 15. INSURANCE A. CONSULTANT shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows: 1. Commercial General Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage. 2. Automobile Liability Insurance for any owned, non -owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. 3. Worker's Compensation insurance as required by the State of California. 4. Professional Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence B. CONSULTANT shall require each of its sub - consultants or sub- contractors to maintain insurance coverage that meets all of the requirements of this Agreement. C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide. D. CONSULTANT agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT'S expense, the premium thereon. E. Prior to commencement of work under this Agreement, CONSULTANT shall file with CITY's Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement. F. CONSULTANT shall provide proof that policies of insurance expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds. All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to CITY. CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. H. The insurance provided by CONSULTANT shall be primary to any other coverage available to CITY. Any insurance or self - insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of CONSULTANT's insurance and shall not contribute with it. I. All insurance coverage provided pursuant to this Agreement shall not prohibit CONSULTANT, and CONSULTANT's employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY. J. Any deductibles or self - insured retentions must be approved by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the deductibles or self - insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses. K. If CONSULTANT is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds. L. Procurement of insurance by CONSULTANT shall not be construed as a limitation of CONSULTANT's liability or as full performance of CONSULTANT's duties to indemnify, hold harmless and defend under Section 14 of this Agreement. 16. MUTUAL COOPERATION A. CITY shall provide CONSULTANT with all pertinent data, documents and other requested information as is reasonably available for the proper performance of CONSULTANT's services. B. In the event any claim or action is brought against CITY relating to CONSULTANT's performance in connection with this Agreement, CONSULTANT shall render any reasonable assistance that CITY may require. 17. RECORDS AND INSPECTIONS CONSULTANT shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years. CITY shall have access, without charge, upon reasonable notice, during normal business hours to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. 18. TERMINATION OF AGREEMENT A. CITY shall have the right to terminate this Agreement for any reason or for no reason on five (5) calendar days' written notice to CONSULTANT. CONSULTANT shall have the right to terminate this Agreement for any reason or no reason on sixty (60) calendar days' written notice to CITY. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of such notice. All completed and uncompleted products up to the date of receipt of written notice of termination shall become the property of CITY. B. In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the services required by this Agreement. 19. FORCE MAJEURE CONSULTANT shall not be liable for any failure to perform if CONSULTANT presents acceptable evidence, in CITY's sole judgment, that such failure was due to causes beyond the control, and without the fault or negligence of CONSULTANT. 20. NOTICES Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONSULTANT's and CITY's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing. If to CITY: If to CONSULTANT: Attn: Director of Public Works Attn: 14403 E. Pacific Avenue Baldwin Park, CA 91706 Telephone: (626) 813 -5251 Telephone: With a courtesy copy to: Robert Tafoya, City Attorney Tafoya and Garcia 316 W. 2nd Street, Suite 1000 Los Angeles, CA 90012 Telephone: (213) 617 -0600 email: Robert@tafoyagarcia.com Facsimile: (213) 626 -0078 21. NON - DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY In the performance of this Agreement, CONSULTANT shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation or other basis prohibited by law. CONSULTANT will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 22. PROHIBITION AGAINST ASSIGNMENT CONSULTANT shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY's prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT. 23. ATTORNEY'S FEES In the event that CITY or CONSULTANT commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees. 24. ENTIRE AGREEMENT All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between CITY and CONSULTANT with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by CITY and CONSULTANT. 25. GOVERNING LAW; JURISDICTION This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event of litigation between the parties, venue in State trial courts shall lie exclusively in Los Angeles County. In the event of litigation in a United States District Court, exclusive venue shall lie in the Central District of California. 26. SEVERABILITY Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. 27. CAPTIONS The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein. 28. EXECUTION This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. CITY OF BALDWIN PARK CONSULTANT: Manuel Lozano. By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: Robert Tafoya City Attorney C [insert name and title] [insert name and title -FYI IT TAKES TWO SIGNATURES TO BIND A CORPORATION] Exhibit A Consultant's Fee Schedule STAFF REPORT SUMMARY ITEM NO. q _ TO: The Honorable Mayor and Members of ncil FROM: Craig A. Graves, Director of Finance DATE: June 18, 2014 SUBJECT: Continued Public Hearing for Fiscal Year 2014/15 Budget And City Council Discussion The City's Municipal Code currently requires that the public hearing for adoption of the Budget for the next fiscal year be held the first City Council Meeting in June. The Mayor opened the Public Hearing and it was continued to June 18, 2014. The City Council held budget study sessions on June 10h and June I1`h. The Continued Public Hearing will allow for public input since the budget study sessions. FISCAL IMPACT None RECOMMENDATION That the Mayor re -open the Continued Public Hearing, take public comments and then close the public hearing. The City Council can proceed with additional discussion, questions for staff and direction. LEGAL REVIEW None Required BACKGROUND The City's Municipal Code currently requires that the public hearing for adoption of the Budget for the next fiscal year be held the first City Council Meeting in June. In order to comply with the Municipal Code the Public Hearing was scheduled for the first City Council meeting in June. Public Hearing for Fiscal Year Budget 2014/15 Staff Report Page 2 The Mayor opened the Public Hearing on June 4, 2014 and there was one speaker. The Public Hearing was continued to June 18, 2014. The City Council was given the proposed General Fund and Internal Service Fund budgets on June 4, 2014. The Special Revenue Funds, the Financing Authority and the Housing Authority were presented to them on June 11, 2014. On June 10, 2014 and June 11, 2014 the City Council conducted budget study sessions. The study session covered all projected revenues, the General Fund, Internal Service Funds and Special Revenue Funds. They also covered the Financing Authority and the Housing Authority. The City Council heard presentations concerning proposed department expenditures and programs. Since the budget study sessions were held, the public hearing will allow the public to comment on the proposed budget currently being considered by the Mayor and City Council. After the closing of the Public Hearing, it is appropriate for additional discussion by the Mayor and City Council and asking staff for clarification of any information previously presented. After City Council discussion it is staff's recommendation that the City Council give staff direction on any changes they would like to have in the budget for Fiscal Year 2014/15 so those can be incorporated into the final budget documents for approval at the July 2, 2014 City Council Meeting. STAFF REPORT e" "'i'iy HUB OF TO: AO THE �� FROM: SAN:GABRIEL DATE: \Z0. VALLEY` SUMMARY ITEM NO. Honorable Mayor and Members of the City Council Michael Taylor, Acting Executive Team Manager June 18, 2014 SUBJECT: Appointment of Voting Delegates for 2014 League of California Cities Annual Conference — Annual Business Meeting The purpose of this report is to request the City Council appoint a voting delegate and up to two alternate voting delegates to represent the City at the Annual Business Meeting of the 2014 League of California Cities Annual Conference. FISCAL IMPACT None. RECOMMENDATION Staff recommends City Council appoint a voting delegate and up to two alternate voting delegates to represent the City at the Annual Business Meeting of the 2014 League of California Cities Annual Conference. LEGAL REVIEW Not required. BACKGROUND The 2014 League of California Cities Annual Conference will be held Wednesday, September 3 through Friday, September 5, in Los Angeles, California. As a part of the annual conference, the League will be holding the Annual Business Meeting at noon on Friday, September 5, 2014, at the Los Angeles Convention Center. At the Annual Business Meeting the League membership considers and takes action on resolutions that establish League policy. In order for the City of Baldwin Pa Council to designate a voting delegate one of whom may vote in the event are attached for th e Par to vote at the Annual Business Meeting, it is necessary for the City The City Council may also appoint up to two alternate voting delegates, the designated voting delegate is unable to serve in that capacity. The City Council's review. City delegates must be identified no later than 1400 K Sra ET SACa MENTO, CA 95814 nx:(916) 658 -8200 nx: (916) 658 -8240 May 1, 2014 1 � l TVVI I � •N tJ�P1 „ Council Action Advised by July 31, 2014 TO: Mayors, City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES LEAGUE° OF CALIFORMA I T I E S wnvw.CCITILS.oas League of California Cities Annual Conference — September 3 - 5, Los Angeles The League's 2014 Annual Conference is scheduled for September 3 - 5 in Los Angeles. An important part of the Annual Conference is the Annual Business Meeting (at the General Assembly), scheduled for noon on Friday, September 5, at the Los Angeles Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Please complete the attached Voting Delegate form and return it to the League's office no later than Friday, August 15, 2014. This will allow us time to establish voting delegate /alternate records prior to the conference. Please note the following procedures that are intended to ensure the integrity of the voting process at the Annual Business Meeting. Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the to affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by council action and cannot be accomplished by individual action of the mayor or city manager alone. Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. To register for the conference, please go to our website: www.eacities.org. In order to cast a vote, at least one voter must be present at the -over- Q -G[Ip - 636.M Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting. Transferring Voting Card to Non - Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges. The Voting Delegate Desk, located in the conference registration area of the Los Angeles Convention Center, will be open at the following rimes: Wednesday, September 3, 9:00 a.m. — 5:30 p.m.; Thursday, September 4, 7:00 a.m. — 4:00 p.m.; and Friday, September 5, 7:30 -10:00 a.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to the League office by Friday, August 15. If you have questions, please call Karen Durham at (916) 658 -8262. Attachments: • 2014 Annual Conference Voting Procedures - • Voting Delegate /Alternate Form Annual Conference Voting Procedures 2014 Annual Conference 1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limitedto those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. LL OF AIGUE CITIES CITY: 2014 ANNUAL CONFERENCE VOTING DELEGATE /ALTERNATE FORM Please complete this form and return it to the League office by Friday, August 15, 2014. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. In order to vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE N 3. VOTING DELEGATE - ALTERNATE Name: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: Mayor or City Clerk (circle one) (signature) Date: E -mail Please complete and return by Friday, August 15, 2014 Phone: League of California Cities FAX: (916) 658 -8220 ATTN: Karen Durham E -mail: kdurham @cacities.org 1400 K Street, 4n' Floor (916) 658 -8262 Sacramento, CA 95814 ITEM NO. W STAFF REPORT of SpLD . TO: Honorable Mayor and Members of the City Council A HUBOF A THE v�' FROM: Daniel Wall, Director of Public Wor� sAW GABRIEL y DATE: June 18, 2014 VALLEY.: P`0 YED JAW �P�` "'. SUBJECT: RESOLUTION NO. 2014 -2018, APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE PARK MAINTENANCE ASSESMENT DISTRICT FOR FY2014 -2015, DECLARING THE INTENT TO LEVY AND COLLECT ASSESMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING SUMMARY The purpose of this report is to request that the City Council adopt a resolution approving the Engineer's Report, declare the intention to levy and collect assessments, and set a date and time for a public hearing for the Citywide Park Maintenance Assessment District for FY2014 -2015. The recommended hearing date is July 02, 2014. FISCAL IMPACT The following table summarizes the District revenue and expenditure status: FY 2014 -2015 Beginning Fund Balance (July 1, 2014 $0 Estimated Revenues Proposed PMD Revenue, FY 2014 -2015 $690,000 City Contribution - General Fund, FY 2014 -2015 $182,000 Total Estimated Funds Available, FY 2014 -2015 $872,000 Projected Expenditures Park Maintenance and Operation $872,000 OH &Transfers In /Out $0 Total Projected Expenditures, FY 2014 -2015 $872,000 Projected Ending Fund Balance June 30, 2015 $0 The $1 of the District for FY2014 -2015 is estimated be $872,000. The City anticipates revenue of the FY2014 -2015 Citywide Park Maintenance Assessment District. A General Fund transfer of le included in the recommended FY2014 -2015 budget to cover the District shortfall. RECOMMENDATION Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution No. 2014 -018 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2014 -2015, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING." LEGAL REVIEW Reviewed by City Attorney The purpose of the Citywide Park Maintenance Assessment District (PMD) is to serve as mechanism for the financing of operations and maintenance associated with City Parks. It is recommended that the City continue these parks maintenance programs and fund them through special assessments provided by the PMD. In 1996, City of Baldwin Park property owner's approved the formation of a Park Maintenance Assessment District to financially support these programs, and the PMD' s formation was established in conformance with Proposition 218 On March 19, 2014 the City Council approved a resolution which authorized initiating the FY 2014 -2015 PMD and ordered the preparation of the Engineer's Report. ATTACHMENTS Resolution No. 2014 -018 Engineers Report Attachment 1 RESOLUTION NO. 2014 -018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2014 -2015, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING WHEREAS, pursuant to the Provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, being known as the "Landscaping and Lighting Act of 1972" and Article XIIID of the State Constitution an Engineer's Report has been prepared consisting of plans and specifications, an estimate of the cost, a diagram of the Maintenance District and an assessment relating to what is now designated as: CITY OF BALDWIN PARK CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT (Hereinafter referred to as "District "); and WHEREAS, this City Council has now carefully examined and reviewed the Report as presented and is satisfied with each and all of the items and documents as set forth therein and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the benefits received from the maintenance to be performed as set forth in said Report. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the Report as presented, consisting of the following: a. Plans and Specifications b. Estimate of the Cost c. Diagram of the Maintenance District d. Assessment of the Estimated Cost is hereby approved and is ordered to be filed in the office of the City Engineer as a permanent record and to remain open for public inspection. SECTION 3. That it is the intention of the City Council, consistent with the public interest and convenience, to levy and collect annual assessments for FY 2014 -2015 for the construction and continued maintenance of certain public facilities within the Resolution No. 2014 -018 Page 2 of 3 Citywide Landscaping and Lighting Maintenance Assessment District, all to serve and benefit said District as said area is shown and delineated on a map shown in the Engineer's Report on file in the office of the City Engineer, open for public inspection, and herein so referenced and made a part hereof. SECTION 4. That a public hearing shall be held before this City Council, in the Council Chambers, 14403 E. Pacific Avenue, Baldwin Park, on Wednesday, July 02, 2014, at the hour of 7:00 p.m. pursuant to the "Landscaping and Lighting Act of 1972" and Article XIIID of the State Constitution, for the purposes of hearing protests, comments, or objections in reference to the annual levy of assessments and the extent of the works and maintenance of improvements, and this Council's determination whether the public interest, convenience, and necessity require the improvements. SECTION 5. That the City Clerk is hereby authorized and directed to publish summary of this Resolution in the San Gabriel Valley Tribune, a newspaper of general circulation; said publication shall not be less than ten (10) days before the date of said Public Hearing. SECTION 6. For any and all information relating to the procedures, protest procedure, documentation and /or information of a procedural or technical nature, the public's attention is directed to the office listed below as designated: Daniel Wall P.E., Director of Public Works / City Engineer City of Baldwin Park (626) 813 -5255 SECTION 7. That the City Clerk shall certify to the passage and adoption of the Resolution and the Minutes of the meeting shall so reflect the presentation of the Engineer's Report. PASSED, APPROVED, AND ADOPTED this 18th day of June 2014. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK Resolution No. 2014 -018 Page 3 of 3 I, ALEJANDRA AVILA, Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2014 -018 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on June 18, 2014 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 CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT ASSESSMENT ENGINEER'S REPORT PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972, PART 2 DIVISION 15 OF THE STREETS AND HIGHWAYS CODE, ARTICLE XIII.D. OF THE CALIFORNIA CONSTITUTION AND THE PROPOSITION 218 OMNIBUS IMPLEMENTATION ACT (GOVERNMENT CODE SECTION 53750 ET SEQ) Fiscal Year 2014 -15 Prepared for: BALDW'IN F ►AvRvK Prepared bv: Community Economic Solutions May 2014 City of Baldwin Park Citywide Park Maintenance Assessment District Page i CITY OF BALDWIN PARK ASSESSMENT ENGINEER'S REPORT CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FISCAL YEAR 2014 -15 The Streets and Highways Code, Part 2, Division 15, Article 4, commencing with Section 22565, directs the preparation of the annual report for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements described herein. SECTION DESCRIPTION PAGE ExecutiveSummary ........................................................... ............................... 1 Report................................................................................ ............................... 2 Part A - Plans and Specifications for the Improvements .. ............................... 4 Part B - An Estimate of the Costs of the Improvements ... ............................... 5 Part C - A Diagram for the Assessment District ................ ............................... 6 Part D - An Assessment of the Estimated Costs of the Improvements .......... 7 Part E — Property Owner List and Assessment Roll ....... ............................... 15 parkmpW1415draft Community Economic Solutions City of Baldwin Park Citvwide Park Maintenance Assessment District EXECUTIVE SUMMARY The purpose of the Citywide Park Maintenance Assessment District is to generate revenues for the financing of the installation, maintenance and servicing of parks and recreational improvements, and certain facilities directly in support of such improvements and programs. Based on the provisions of the Landscape and Lighting Act of 1972, Article XIII.D. of the California Constitution (Proposition 218), and the Proposition 218 Omnibus Implementation Act, Baldwin Park property owners approved the formation of a Citywide Park Maintenance Assessment District and established assessments thereof beginning in Fiscal Year 1997 -98. In June 2002, the City was unable to obtain the necessary property owner approval to increase the assessment rates to cover the increased costs of park maintenance. Consequently, the General Fund has been subsidizing the differences between the actual cost and the revenue from the assessment. This report is pursuant to and in compliance with Articles XIII.0 and MILD of the California Constitution and the Landscaping and Lighting Act of 1972. Based on the findings in this report, the assessment roll is generated wherein each Assessor's Parcel Number in the City of Baldwin Park is identified along with the amount assessed for the Park Maintenance Assessment District for Fiscal Year 2014 -15. The assessment roll is included as part of this report, but is not bound herein. For Fiscal Year 2014 -15, the Citywide Park Maintenance Assessment District is proposed to generate revenue of approximately $674,000, while the cost of park maintenance is budgeted at $872,000. The difference of $182,000 will be covered by the City's General Fund. The City has made an effort to reduce this program's impact on the General Fund, and over the last several years the City has steadily reduced park maintenance costs. Four years ago, for example, the City's General Fund contribution was $232,000. The General Fund contribution is for general benefits and is not assessed. The proposed Fiscal Year 2014 -15 assessments are 1.04% higher than last year based on the CPI adjustment allowed by the Citywide Park Maintenance Assessment District during its formation. DISTRICT FINANCIAL SUMMARY FY 2014 -15 Beginning Fund Balance (July 1, 2014) $0 Estimated Resources Assessment District Rewnue + Delinquencies FY 2014 -15 $690,000 City Contribution - General Fund, FY 2014 -15 $182,000 Total Estimated Funds Available, FY 2014 -15 $872,000 Djected Liabilities Park Maintenance and Operation $872,000 OH & Transfers In /Out $0 Total Projected Liabilities, FY 2014 -15 $872,000 Fund Bala pedcrepw 1415drarr Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District FISCAL YEAR 2014 -15 CITY OF BALDWIN PARK ASSESSMENT ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE Whereas the Council of the City of Baldwin Park, California, did, pursuant to the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code of the State of California, adopt the Resolution of Initiation ordering the preparation and filing of the Assessment Engineer's Report in accordance with Chapter 1, Article 4 commencing with Section 22565. Section 22567 directs that the report shall refer to the City of Baldwin Park Citywide Park Maintenance Assessment District (the "Assessment District ") by its distinctive designation, specify the fiscal year to which the report applies, and, with respect to that year, shall contain all of the following: Part A - Plans and specifications for the improvements. Part B - An estimate of the costs of the improvements. Part C - A diagram for the assessment district. Part D - An assessment of the estimated costs of the improvements. A preliminary report is then filed with the City Clerk in accordance with Section 22623 for submission to the legislative body. The legislative body may approve the report as filed, or it may modify the report and approve it as modified. Now, therefore, the following Assessment Engineer's Report is hereby submitted consisting of five (5) parts as follows: PART A: PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS This part contains the plans and specifications which are required to show and describe the existing and proposed improvements in accordance with Section 22568. The plans and specifications need not be detailed, but shall be sufficient if they show or describe the general nature, location, and extent of the improvements. If the assessment district is divided into zones, the plans and specifications shall indicate the class and type of improvements to be provided for each such zone. The Plans and specifications for the improvements listed in Part A are on file with the City Engineer. Such plans and specifications are incorporated herein by reference. PART B: AN ESTIMATE OF THE COSTS OF THE IMPROVEMENTS This part contains an estimate of the costs for maintenance of the improvements within the District for Fiscal Year 2014 -15 pursuant to section 22569, including incidental costs and expenses in connection therewith. This estimate is on file with the City Engineer. The estimate of the costs of the improvements for the fiscal year shall contain estimates for all of the following: (a) The total costs for improvements to be made that year, being the total costs of constructing or installing all proposed improvements and of maintaining and servicing all existing and proposed improvements, including all incidental expenses. (b) The amount of any surplus or deficit in the improvement fund to be carried over from a previous fiscal year. (c) The amount of any contributions to be made from sources other than assessments levied pursuant to this part. (d) The amount, if any, of the annual installment for the fiscal year where the legislative parkr porH415drah Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 3 body has ordered an assessment for the estimated cost of any improvements to be levied and collected in annual installments. (e) The net amount to be assessed upon assessable lands within the assessment district, being the total improvement costs, as referred to in subdivision (a), increased or decreased, as the case may be, by any of the amounts referred to in subdivision (b), (c), or (d). PART C: A DIAGRAM FOR THE ASSESSMENT DISTRICT This part incorporates, by reference, the "Assessment Diagram ", which is a diagram of the Assessment District showing the exterior boundaries of the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District in accordance with Sections 22570 and 22571. The diagram for an assessment district shall show (a) the exterior boundaries of the assessment district, (b) the boundaries of any zones within the district, and (c) the lines and dimensions of each lot or parcel of land within the district. Each lot or parcel shall be identified by a distinctive number or letter. The lines and dimensions of each lot or parcel of land shown on the diagram shall conform to those shown on the county assessor's maps for the fiscal year to which the report applies. The Diagram has been prepared and is on file with the City Engineer. The Assessor's maps and records are incorporated by reference herein and made part of this Report. PART D: ASSESSMENT OF THE ESTIMATED COSTS OF THE IMPROVEMENTS This part contains an assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District in accordance with Section 22572. The assessment shall refer to the fiscal year to which it applies and shall do all of the following: (a) State the net amount, determined in accordance with Section 22569, to be assessed upon assessable lands within the assessment district, which shall include an amount sufficient to pay the principal and interest due during the fiscal year from each parcel on any bonds or notes issued pursuant to Section 22662.5. (b) Describe each assessable lot or parcel of land within the district. (c) Assess the net amount upon all assessable lots or parcels of land within the district by apportioning that amount among the several lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements. According to Section 22573, the net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. PART E; PROPERTY OWNER LIST & ASSESSMENT ROLL This part contains a list of the County of Los Angeles Assessor's parcel numbers, and the net amount to be assessed upon benefited lands within the Assessment District. parkrepo t1415draft Community Economic Solutions City of Baldwin Park Citvwide Park Maintenance Assessment District Paae 4 PART A PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS The facilities, which have been constructed within the City of Baldwin Park, and those which may be subsequently constructed, will be operated, serviced and maintained as generally described as follows: DESCRIPTION OF IMPROVEMENTS FOR THE CITY OF BALDWIN PARK CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FISCAL YEAR 2014 -15 The items that may be funded through the District are defined in the Landscaping and Lighting Act of 1972 (the Act) as Improvements. The Act defines Improvements to include the installation, maintenance and servicing of several types of landscaping and park and recreational improvements and facilities as shown below. However, the District can only assess for the special benefit that can be shown to be conferred from these improvements to the properties in the District. Installation • The installation or planting of landscaping. • The installation or construction of statuary, fountains and other ornamental structures and facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The installation of park or recreational improvements, including, but not limited to, land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks and drainage; lights, playground equipment, play courts and public restrooms. • The acquisition of land for park, recreational or open -space purposes. • The acquisition of any existing improvement otherwise authorized. Maintenance Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: • Repair, removal or replacement of all or any part of any improvement. • Providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury. • The removal of trimmings, rubbish, debris and other solid waste. • The cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. Servicing Servicing means the furnishing of electric current, or energy, or other illuminating agent and water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any improvements. Plans and specifications of the improvements within the District are on file in the office of the City Engineer and are incorporated herein by reference. Maps showing the location of parks within the District are on file in the office of the City Clerk and incorporated herein by reference. parkrepot1415draR Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 5 PART B AN ESTIMATE OF THE COSTS OF THE IMPROVEMENTS The estimated cost of the construction, operation, servicing and maintenance of the improvements for Fiscal Year 2014 -15, as described in Part A, are summarized herein and described below. All costs include administration and utilities where applicable. CITY OF BALDWIN PARK CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FY 2014 -15 Budget FY 2014 -15 Beginning Fund Balance (July 1, 2014) $0 Estimated Revenues Assessment Revenue FY 2014 -15 $690,000 General Fund Contribution FY 2014 -15 $182,000 Total Revenue $872,000 Total Estimated Funds Available, FY2014 -15 $872,000 FY 2014 -15 Projected Expenditures Park Maintenance and Operation $872,000 Total Projected Expenditures, FY 2014 -15 $872,000 FY 2014 -15 Operating Reserve / Deficit $0 Projected Fund Balance 6130/2015 Beginning Fund Balance $0 FY 2014 -15 Revenues $872,000 FY 2014 -15 Expenditures $872,000 Projected Fund Balance 6130/2015 $0 The 1972 Act requires that a special fund be set -up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year. parkrepM1415draR Community Economic Solutions City of Baldwin Park Citvwide Park Maintenance Assessment District Paae 6 PART C A DIAGRAM FOR THE ASSESSMENT DISTRICT The diagram of the Assessment District showing the exterior boundaries of the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District is required in accordance with Sections 22570 and 22571. Each lot or parcel shall be identified by a distinctive number or letter. The lines and dimensions of each lot or parcel of land shown on the diagram shall conform to those shown on the county assessor's maps for the fiscal year to which the report applies. The City of Baldwin Citywide Park Maintenance Assessment District includes all parcels of land within the City's corporate boundaries. Reference is made to the Los Angeles County Assessor's maps for a detailed description of the lines and dimensions of all parcels within the District. A map showing the exterior boundaries of the District is on file in the City Clerk's Office and incorporated herein by reference. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles. The Assessor's maps and records are incorporated by reference herein and made part of this report. parkreport1415drak Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 7 PART D ASSESSMENT OF THE ESTIMATED COSTS OF THE IMPROVEMENTS GENERAL Section 22573 of the Landscaping and Lighting Act of 1972, being Part 2, of Division 15 the State California Streets and Highways Code, states that, "the net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." As the assessments are levied on the basis of benefit, they are not a tax, and therefore, are not governed by Article XIIIA of the California Constitution. As a result of the passage of Proposition 218 by voters on November 5, 1996, Articles XIIIC and XIIID have been added to the California Constitution. The new procedural and approval process outlined in these Articles applies to new assessment districts and increased assessments. In addition, properties owned by public agencies, such as a city, county, state or the federal government, must now be assessed by law unless it can be demonstrated that they receive no special benefit. Specifically, the assessment methodology for the Citywide Park Maintenance Assessment District will have to: • Demonstrate special benefit to assessed parcels over and above the benefits conferred on the public at large: "Special benefit" means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute "special benefit'." • Separate the general benefits from the special benefits conferred to parcels: "Only special benefits are assessable, and an agency must separate the general benefits from the special benefits conferred on a parcel." • Determine the special benefit that should be attributed to public agency parcels within the new District boundary: "Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that such publicly owned parcels in fact receive no special benefit." ASSESSMENT METHODOLOGY The District assessment is based on land use such that property owners are assessed in proportion to the special benefits received. The land uses defined below are descriptive of all parcels expected to exist in the City of Baldwin Park in Fiscal Year 2014 -15. In the event there is a question regarding the land use designation of any parcel in the District, the City Engineer will be responsible for administratively assigning one of the land uses listed below. parkmpW1415draft Community Economic Solutions City of Baldwin Park Citvwide Park Maintenance Assessment District 0 TABLE 1— FY 2014 -15 LAND USE DEFINITIONS Land Use Code Land Use Description SFR Single family residential parcels CONDO Condominium or town home parcels MFR Multiple family residential parcels (2 dwellings or more) MH Mobile homes or Mobile Home Parks NONRES Commercial and industrial parcels INSTITUTION Institutional — Parcels owned by non - profit organizations VACANT Parcels without a building or similar structure - designated for each land use GOVT Parcels owned by a public agency EXE Parcels exempt from the assessment, because they do not benefit from park maintenance (sliver, open space, common area, railroad, or utility easement parcels) SPECIAL BENEFIT ANALYSIS Articles XIIIC and XIIID of the California Constitution require that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. The Articles provide that only special benefits are assessable. The general benefits must be separated from the special benefits conferred on a parcel, a special benefit being a particular and distinct benefit over and above general benefits conferred on the public at large, including real property within the district. The general enhancement of property value does not constitute a special benefit. The Open Space Element within the General Plan for the City of Baldwin Park notes that the City is almost completely built out, and open space is limited to existing parks, school grounds, utility rights -of -way, and water channel areas. Within the City, over 530 acres of these properties are designated as open space. Baldwin Park offers five City parks and seventeen school playgrounds for recreation. In 1996, Morgan Park underwent a 2.5 acre expansion, where a new Community Center and Senior Center were built. In 2005, Barnes Park, located in the southwest quadrant of the City, was completely renovated and a 3,300 square foot recreation center was constructed. In 2008, the 15,270 square foot Arts and Recreation facility adjacent to City Hall was completely renovated, and the Senior Center underwent a 3,500 square foot expansion to create additional meeting space, restrooms and reception area. In 2009, new playground equipment was installed in Morgan Park and in 2010 that same play area was upgraded with recreation water features and public art amenities. parkreport1415draft Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 9 Morgan Park offers the most activities of any recreation area in the City, including boxing, horseshoes, basketball and volleyball. Morgan Park is centrally located; with the other City parks located south and west near the City's periphery. The area north of Los Angeles Street contains six elementary school sites, but no parks. About 60 percent of Baldwin Park's City park area is located south of Ramona Boulevard. Baldwin Park's recreation facilities and parks are vital to the community, especially for the high - density residential developments, which do not provide adequate play areas for their residents. Upon full build -out, it is expected that the City will have a ratio of 3 acres of parks, including school areas, for each 1,000 residents. This ratio is well within the National Recreation and Parks Association recommended standard of 2.5 acres per 1,000 residents. The majority of the City's parkland is under the control of the Baldwin Park Unified School District, with the City controlling 10 percent of the total parkland. Parks and recreational activities are managed by the City of Baldwin Park through a division of the City organization. As such, all parks administration and planning are centralized while recreational activities are conducted on a community -wide basis to take advantage of existing park facilities. This approach promotes the parks as a system or network to be used on a Citywide basis, rather than on a service radius basis which may be more common in other jurisdictions. All of the parks and recreational facilities are equally accessible to ail the properties in the District. The maintenance of parks and recreational improvements provide a particular and distinct special benefit to parcels within the District. The desirability of parcels within the District is specifically enhanced by the presence of well- maintained parks and recreational facilities which are available for the use and enjoyment of residents, customers, clients, employees and visitors of the assessed parcels. The presence of properly maintained parks readily accessible to properties within the District means that the owners and visitors of the assessed parcels may enjoy the benefits of such improvements while avoiding the expense of privately installing and maintaining similar improvements. Only the parks summarized in this Report are funded through the District. The other open space areas that contribute to the open space element of the City are funded separately. The location of all the parcels in the District was found to be within 1 3/4 miles of at least one park, and 3/4 mile of at least one recreational facility in the District. Although some properties in the District are within 3/4 mile of more than one park, it was determined that residents cannot use the facilities of more than one park at one time, so the assessment rates are established at a uniform level throughout the District. In addition to providing opportunities for recreational use, the proper maintenance of park and recreational facilities improves the aesthetics of parcels within the District. Proper maintenance of landscaping reduces pollution and noise, provides for open space and the planting of otherwise barren areas, and reduces property- related crimes within the District, especially vandalism, through the removal and abatement of graffiti. The U.S. Department of the Interior, National Parks Service, in a publication of June 1984, concluded that, "An investment in parks and recreation helps reduce pollution and noise, makes communities more livable, and increases property value." All of the above benefits contribute to a specific enhancement of the quality of life and property values related to each of the assessable parcels within the District. parkmPW1415draR Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 10 In addition, the operation and maintenance of the City's parks confers a particular and distinct special benefit upon assessed parcels within the District, as follows: • The proper maintenance of parks and appurtenant facilities specially benefits parcels within the District by improving the physical and visual environment and making the District area more desirable. • Parcels within the District are specially benefited when public infrastructure including parks are in place, safe, clean and well maintained. • The proper maintenance of parks by the District provides increased District -wide attractiveness to prospective buyers. • The desirability of parcels within the District is specifically enhanced by the presence of well- maintained parks which are available for the use and enjoyment of the property owners and the visitors of the assessed parcels. • Having properly maintained parks readily accessible to properties within the District means that the owners and visitors of the assessed parcels may enjoy the benefits of such improvements available for use while avoiding the expense of privately installing and maintaining similar improvements. • The proper maintenance of landscaped parks provides increased attractiveness of the District as a place to live, work and do business. • Spraying and treating of landscaping for disease and weed control reduces the likelihood of insect or weed infestation spreading to the landscaping located on properties within the District. GENERAL BENEFIT ANALYSIS In addition to the special benefits received by the parcels in the District, there are general benefits conferred on the public at large by the maintenance, operation and servicing of park and recreational facilities. Census data and socio- economic characteristics for the City of Baldwin Park would generally indicate a higher than average park usage by local residents. The higher densities and a greater number of persons per household as documented by census data would indicate a higher than average special benefit from the funded park improvements. Additionally, in higher density areas such as the District, the value of the open spaces afforded by parks is at a particular premium. However, parks and recreational facilities are an important part of any thriving community. The general benefit arising from the park and recreational improvements can be measured by examining the usage of the facilities by the public at large. Each park has been examined to determine the average number of registrations received by the Recreation and Community Services Department for individuals or teams from outside of the District boundaries. The percentage of out -of- district registrations to total registrations is used to determine that portion of the park budget related to general versus special benefit. City staff has determined that out -of- District registrations equal approximately 15 percent of all registrations. Thus, 15 percent of the assessment budget will be assigned as general benefit. In addition, the City has elected to contribute an additional amount over and above the 15 percent level in order to maintain assessments at approximately the same amount as in prior years. parkrepo 1415draR Community Economic Solutions City of Baldwin Park Park Maintenance Assessment District FORMULA 11 The formula recognizes that properties have different levels of benefit depending upon the typical population associated with the type of land use. The formula considers these differences and fairly distributes the special benefit among all residential parcels and lots within the District. Each of the special benefits identified above in "Special Benefit Analysis' are considered to benefit each parcel in proportion to the typical population associated with the parcel's land use as reported by the City of Baldwin Park Planning Division. In order to establish the proportionate share of benefit from any one parcel of land in relation to the total benefit to the District, it is necessary to establish a benchmark to relate that one parcel to all others. This benchmark is called the Equivalent Dwelling Unit. The District uses a single family residence as the benchmark Equivalent Dwelling Unit. All other land uses, as represented on the County Assessors master property file, will be compared to the benchmark of the Single Family Residence to gain a comparative Equivalent Dwelling Unit ( "EDU ") based on population data as found in the 1990 Census Data for Baldwin Park, as provided by the City of Baldwin Park's Planning Division. Following is a discussion of EDU values for each type of land use within the Assessment District The EDU values for condominiums, multi - family and mobile homes are based upon a comparison of the average population per household for single - family residences versus the average household population in condominiums, multi - family and mobile homes. The calculation of each EDU value is shown below: For Single Family Residential: Sinole family population per household 4.06 Single family population perhousehold 4.06 For Condominium Residential: Condo population per household 3.75 Single family population per household 4.06 For Multi - Family Residential: Multi- fam#zgopulation per household 4.25 Single family population per household 4.06 For Mobile Home Residential: Mobile Home population per household 2.03 Single family population per household 4.06 = 1.00 EDU's /unit = 0.92 EDU's /unit = 1.04 EDU's /unit = 0.50 EDU's /unit The EDU values for commercial, office, business and industrial land uses ( "non- residential ") are based on a comparison of the typical single family lot acreage versus the actual size of the non- residential use. Special benefit to non - residential parcels results from the use of recreational facilities by employees and customers, which generally increases in number as the parcel size increases. Therefore, the assessment on non - residential property is based on acres, as opposed to residential parcels which are based on dwelling units. Within the District, the typical single - family parcel size is 8,500 square feet. Approximately 20 percent of each acre of residential land, on average, is dedicated for streets and other public uses resulting in a net acreage available for the subdivision of approximately 4.10 lots per acre, which is parkmPW1415drafi Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 12 rounded down to 4 lots per acre. Therefore, using the single family residence as a base, an acre of non - residential property receives the same number of EDU's as an acre of residential property, that is, 4 EDU per acre. Non - residential lots (cil 4 lots per acre Single family EDU @ 1.00 per lot = 4.00 EDU's /acre Furthermore, non - residential parcels more than half an acre and less than an acre is assigned a minimum of 4 EDU per parcel to reflect the minimum benefit these parcels receive. Non- residential parcels below one -half acre are assigned 50 percent of 4.0 EDU's, or 2.0 EDU's per parcel. The EDU value for the institutional, church, school, college and day care land uses ( "institutional ") is calculated at one (1) EDU per parcel. This per parcel assessment rather than per acre assessment is in recognition of this land use category's traditionally lower demand for park facilities as indicated by the City's Recreation and Community Services staff. In addition, institutional parcels receive less benefit than other non - residential parcels in the District from the operation, maintenance and servicing of parks in the City for several reasons. Institutional parcels function differently than non - residential parcels in that they: 1) typically operate fewer days in the week, 2) generally have an inconsistent number of people using the facilities daily, and 3) have a less intensive use than the property size alone would indicate because in general, the institutional parcels in the District contain large green areas that function as open space. Therefore, the institutional parcels should be assessed at a lower level than the non - residential parcels, and are assigned 1 EDU per parcel. As a result of the passage of Proposition 218, the assessment methodology for the Park Maintenance Assessment District has to determine the special benefit attributable to public agency parcels within the District boundary. Section 4 of the Proposition states, "Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that such publicly owned parcels in fact receive no special benefit." In comparison to non - residential and institutional parcels, governmental properties also benefit from the proper maintenance of parks, since such parks attract potential customers and employees as shown below. Certain governmental parcels benefit from the District because the proper maintenance, operation and servicing of parks: • reduces property- related crimes against properties within the District, especially vandalism, through the abatement of graffiti; • improves the aesthetics of public parcels through the proper maintenance of landscaping and the planting of otherwise barren areas; • reduces pollution and noise in surrounding areas throughout the provision of open space; and • by improving the physical and visual environment and making the District area a more desirable and attractive place to work and do business. Additionally: Having properly maintained parks readily accessible to the public properties means that the public agencies may enjoy the benefits of such improvements available for use while avoiding the expense of privately installing and maintaining similar improvements; and pamrepmi4'icarm Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 13 Spraying and treating of landscaping for disease and weed control reduces the likelihood of insect or weed infestation spreading to the landscaping located on public properties within the District. However, governmental parcels receive less benefit than other non - residential parcels in the District from the operation, maintenance and servicing of parks in the City. For instance, a portion of most public properties are used as park and /or recreation areas. This portion of these properties does not benefit from the District improvements because it provides the same use and function that the funded improvements provide. Additionally, governmental properties generally do not benefit from the resale value of their properties. Consequently, the specific benefit of increased property value that is conferred to other properties in the District is not conferred to governmental properties. Therefore, the governmental parcels are assessed at one - quarter the rate of non- residential uses, but as the size of the parcel increases, the benefit increases, and therefore, the assessment amount increases. The special benefit to undeveloped property in the residential, non - residential and institutional land use categories is based on the assumption that such undeveloped property benefits from the ongoing maintenance of recreational facilities because the facilities will be in good and ready condition in the future when the vacant property is developed. For the purposes of this Engineer's Report, the special benefit to undeveloped property is assigned a value corresponding to 40 percent of the developed property EDU values for the same land use designations. This discounted value recognizes the reduced current value due to the uninhabited nature of the property. Finally, parcels of raw land and homeowner's association common area are assigned an EDU value of zero (0), based on a projection that these parcels are likely never to develop and therefore will receive no benefit from the improvements. Similarly, railroad right -of -way parcels, public utility right -of -way and well site or reservoir site parcels, water rights parcels, and other similar land uses are also assigned an EDU value of 0, because of little or no possibility for residential or non- residential or institutional development and therefore no benefit. The following table sets forth the population per unit as shown in the 1990 City of Baldwin Park census data, the equivalent dwelling units as discussed above, and the resulting assessment amount per unit, parcel or acre. parKrePW1415d raft Community Economic Soiutions City of Baldwin Park Park Maintenance Assessment District Page 14 TABLE 2 -- ASSESSMENT FACTORS Land Use Description Population per Unit Equivalent Dwelling Units Assessment per Unit, Parcel or Acre Single Family Residential 4.06 /unit 1.00 /unit $33.54 /unit Vacant Single Family Residential -- - - - - -- 0.40 /parcel $13.42/ parcel Condominium 3.75 /unit 0.92 /unit $30.86 /unit Multiple Family 4.25 /unit 1.04 /unit $34.88 /unit Mobile Home 2.03 /unit 0.50 /unit $16.77 /unit Non - Residential > 1 acre 4.00 /acre 4.00 /acre $134.16/acre Non - Residential >.5 - < 1 acre 4.00/ parcel 4.00/ parcel $134.16/ parcel Non - Residential < .5 acre 4.00/ parcel 2.001 parcel $67.08/ parcel Vacant Non - Residential > 1 acre - - - - -- 1.60 /acre $53.66 /acre Vacant Non - Residential >.5 - < 1 - - - - -- 1.60 /parcel $53.66 /parcel Vacant Non - Residential < .5 acre - - - - -- 0.80 /parcel $26.83 /parcel Institutional 1.00 /parcel 1.00 /parcel $33.54 /parcel Vacant Institutional - - - - -- 0.40 /parcel $13.42 /parcel Government > 1 acre 4.00 /arce 1.00 1acre $33.54 /acre Government > .5 acre - < 1 acre 4.00 /parcel 1.00 /parcel $33.54 /parcel Government < .5 acre 4.00 /parcel 0.50 /parcel $16.77 /parcel Exemption 0.00 /parcel $0.00 /parcel ENGINEERING AND INCIDENTAL EXPENSES All parcels within the District benefit from the ongoing operation of the District. Therefore, all parcels assessed in the District receive a proportional share of the administrative costs for the District based on their assessment for park maintenance. THE MAXIMUM ASSESSMENT AND ANNUAL ADJUSTMENT The Maximum Assessment is the annual assessment shown in the Assessment Roll, on file in the Office of the City Clerk and by this reference incorporated herein. Commencing with Fiscal Year 2006 -2007 and for each year thereafter, the assessment for the District is subject to an Annual Adjustment limit. The Annual Adjustment shall not exceed the change in the Consumer Price Index ( "CPI "), All Urban Consumers, for the Los Angeles- Anaheim - Riverside Area from March through March of the previous calendar year. Future annual assessments within this limit may be approved by the City Council without additional property owner ratification. These limits may be exceeded only with a majority property owner approval of either: 1) a supplemental assessment; 2) a revision of or supplement to the maximum assessment and /or adjustment formula, or 3) any other methodology amenable to the property owners within the District boundary. The assessor's parcel number and the amount of assessment upon each lot or parcel are shown on the assessment roll. Upon confirmation by the Council this data will be submitted to the Los Angeles County Auditor - Controller for the inclusion on the 2014 -15 tax roll. paWePW1415draR Community Economic Solutions City of Baldwin Park Citvwide Park Maintenance Assessment District Page 15 PART E PROPERTY OWNER LIST AND ASSESSMENT ROLL The assessment set forth for each parcel is shown on the Assessment Roll for the District, submitted separately, as "Assessment Roll for City of Baldwin Park, Citywide Park Maintenance Assessment District, Fiscal Year 2014 -15 ", which is incorporated by reference herein and is on file in the office of the City Clerk. The Assessment Roll lists all parcels within the boundaries of the District as shown on the Assessment Diagram, Part F herein, and on the last equalized roll of the Assessor of the County of Los Angeles, which is by reference made part of this report. A list of names and addresses of the owners of all parcels within this District is shown on the last equalized Property Tax Roll of the Assessor of the County of Los Angeles, which by reference is hereby made a part of this report. This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll on file in the office of the City Clerk of the City of Baldwin Park. parkmpcM47edrak Community Economic Solutions ITEM NO. STAFF REPORT SA.LD TO: Honorable Mayor and Members of the City Council HUBOF /' U THE o FROM: Daniel Wall, Director of Public Work 6f V SAN GABRIEL DATE: June 18 2014 .VALLEY., ^y' SUBJECT: RESOLUTION NO. 2014 -019, APPROVING THE ENGINEERS REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY2014 -2015, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING SUMMARY The purpose of this report is to request that the City Council adopt a resolution approving the Engineer's Report, declare the intention to levy and collect assessments, and set a date and time for a public hearing for the FY2014 -2015 Citywide Landscaping and Lighting Maintenance Assessment District. The recommended hearing date is July 2, 2014. FISCAL IMPACT The following is a summary of revenues and expenditures anticipated for the Landscaping and Lighting Assessment District for FY2014 -2015 Estimated Beginning Fund Balance 7 /1/2014 ......... . .......... -- -__ $416, ............ FY 2014 -15 Estimated Revenue ..... .... ..- ....- ................ ......... Assessment Revenue FY 2014 -2015 .......I. -... ......... ......... ....... - .... ......... $910, County Ad Valorem Tax ........ .. .......... $774 Penalties, Late Taxes, Earnings — ....... ...- . -. -.. .......... ............ ...... -............ $93, 3, ..... Total Revenue - $1,777 FY 2014 -15 Projected Expenditures ........ ....... ....... ...... -... - ......... .................... Street Liahtino ......... _ .... ..... . r. While the assessment rates have not been increased for over fifteen years, our operating costs have been increasing each year from utility rate increases and from continual expansion of our infrastructure which includes new traffic signals, streetlights, and landscape areas. While the upcoming budget will achieve a balance between district revenues and maintenance costs, staff will continue to look to improve service delivery and maximize cost efficiency. Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution No. 2014 -019 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2014 -2015, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING" LEGAL REVIEW Reviewed by City Attorney BACKGROUND The City has an annual program for the maintenance of landscaping and lighting improvements, as well as open space improvements, including the maintenance and operation of traffic signals, street lights, median landscaping and street trees. It is recommended that we continue providing this program through special assessments. On March 19, 2014, the City Council approved a resolution which authorized initiating the FY2014 -2015 Citywide Landscaping and Lighting Maintenance Assessment District (LLMD) and ordered the preparation of the Engineer' s Report. The preparation of the Engineer's Reports has been completed. The Engineer's Report details the legal mechanism to re- establish the district, summarizes the costs and expenditures of the District, and explains the methodology of distributing the assessments for obtaining the district revenues. ATTACHMENTS Resolution No. 2014 -019 Engineer's Report Attachment 1 RESOLUTION NO. 2014 -019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2014 -2015, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING WHEREAS, pursuant to the Provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, being known as the "Landscaping and Lighting Act of 1972" and Article XIIID of the State Constitution an Engineer's Report has been prepared consisting of plans and specifications, an estimate of the cost, a diagram of the Maintenance District and an assessment relating to what is now designated as: CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT (Hereinafter referred to as "District "); and WHEREAS, this City Council has now carefully examined and reviewed the Report as presented and is satisfied with each and all of the items and documents as set forth therein and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the benefits received from the maintenance to be performed as set forth in said Report. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the Report as presented, consisting of the following: a. Plans and Specifications b. Estimate of the Cost c. Diagram of the Maintenance District d. Assessment of the Estimated Cost is hereby approved and is ordered to be filed in the office of the City Engineer as a permanent record and to remain open for public inspection. SECTION 3. That it is the intention of the City Council, consistent with the public interest and convenience, to levy and collect annual assessments for FY 2014 -2015 for the construction and continued maintenance of certain public facilities within the Resolution No. 2014 -019 Page 2 of 3 Citywide Landscaping and Lighting Maintenance Assessment District, all to serve and benefit said District as said area is shown and delineated on a map shown in the Engineer's Report on file in the office of the City Engineer, open for public inspection, and herein so referenced and made a part hereof. SECTION 4. That a public hearing shall be held before this City Council, in the Council Chambers, 14403 E. Pacific Avenue, Baldwin Park, on Wednesday, July 02, 2014, at the hour of 7:00 p.m. pursuant to the "Landscaping and Lighting Act of 1972" and Article XIIID of the State Constitution, for the purposes of hearing protests, comments, or objections in reference to the annual levy of assessments and the extent of the works and maintenance of improvements, and this Council's determination whether the public interest, convenience, and necessity require the improvements. SECTION 5. That the City Clerk is hereby authorized and directed to publish summary of this Resolution in the San Gabriel Valley Tribune, a newspaper of general circulation; said publication shall not be less than ten (10) days before the date of said Public Hearing. SECTION 6. For any and all information relating to the procedures, protest procedure, documentation and /or information of a procedural or technical nature, the public's attention is directed to the office listed below as designated: Daniel Wall P.E., Director of Public Works / City Engineer City of Baldwin Park (626) 813 -5255 SECTION 7. That the City Clerk shall certify to the passage and adoption of the Resolution and the Minutes of the meeting shall so reflect the presentation of the Engineer's Report. PASSED, APPROVED, AND ADOPTED this 18th day of June 2014. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK Resolution No. 2014 -019 Page 3 of 3 I, ALEJANDRA AVILA, Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2014 -019 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on June 18, 2014 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 CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT ASSESSMENT ENGINEER'S REPORT PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972, PART 2 DIVISION 15 OF THE STREETS AND HIGHWAYS CODE, ARTICLE XIII.D. OF THE CALIFORNIA CONSTITUTION AND THE PROPOSITION 218 OMNIBUS IMPLEMENTATION ACT (GOVERNMENT CODE SECTION 53750 ET SEQ) Fiscal Year 2014 -15 P A *R K Prepared bv: Community Economic Solutions May 2014 City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page i CITY OF BALDWIN PARK ASSESSMENT ENGINEER'S REPORT CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FISCAL YEAR 2014 -15 The Streets and Highways Code, Part 2, Division 15, Article 4, commencing with Section 22565, directs the preparation of the annual report for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements described herein. SECTION DESCRIPTION PAGE Report................................................................................ ............................... 1 Part A - Plans and Specifications for the Improvements .. ............................... 3 Part B - An Estimate of the Costs of the Improvements ... ............................... 4 Part C - A Diagram for the Assessment District ................ ............................... 5 Part D - An Assessment of the Estimated Costs of the Improvements .......... 6 Part E - Assessment Roll ................................................... ............................... 8 engmPDM415draR Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 1 FISCAL YEAR 2014 -15 CITY OF BALDWIN PARK ASSESSMENT ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE Whereas the Council of the City of Baldwin Park, California, did, pursuant to the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code of the State of California, adopt the Resolution of Initiation ordering the preparation and filing of the Assessment Engineer's Report in accordance with Chapter 1, Article 4 commencing with Section 22565. Section 22567 directs that the report shall refer to the City of Baldwin Park Citywide Landscaping and Lighting Maintenance District (the "Assessment District ") by its distinctive designation, specify the fiscal year to which the report applies, and, with respect to that year, shall contain all of the following: Part A Plans and specifications for the improvements. Part B An estimate of the costs of the improvements. Part C A diagram for the assessment district. Part D An assessment of the estimated costs of the improvements. A preliminary report is then filed with the City Clerk in accordance with Section 22623 for submission to the legislative body. The legislative body may approve the report as filed, or it may modify the report and approve it as modified. Now, therefore, the following Assessment Engineer's Report is hereby submitted consisting of five (5) parts as follows: PART A: PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS This part contains the plans and specifications which are required to show and describe the existing and proposed improvements in accordance with Section 22568. The plans and specifications need not be detailed, but shall be sufficient if they show or describe the general nature, location, and extent of the improvements. If the assessment district is divided into zones, the plans and specifications shall indicate the class and type of improvements to be provided for each such zone. The Plans and specifications for the improvements listed in Part A are on file with the City Engineer. Such plans and specifications are incorporated herein by reference. PART B: AN ESTIMATE OF THE COSTS OF THE IMPROVEMENTS This part contains an estimate of the costs for maintenance of the improvements within the District for Fiscal Year 2014 -15 pursuant to section 22569, including incidental costs and expenses in connection therewith. This estimate is on file with the City Engineer. The estimate of the costs of the improvements for the fiscal year shall contain estimates for all of the following: (a) The total costs for improvements to be made that year, being the total costs of constructing or installing all proposed improvements and of maintaining and servicing all existing and proposed improvements, including all incidental expenses. (b) The amount of any surplus or deficit in the improvement fund to be carried over from a previous fiscal year. engMportl4t5drafi Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 2 (c) The amount of any contributions to be made from sources other than assessments levied pursuant to this part. (d) The amount, if any, of the annual installment for the fiscal year where the legislative body has ordered an assessment for the estimated cost of any improvements to be levied and collected in annual installments. (e) The net amount to be assessed upon assessable lands within the assessment district, being the total improvement costs, as referred to in subdivision (a), increased or decreased, as the case may be, by any of the amounts referred to in subdivision (b), (c), or (d). PART C: A DIAGRAM FOR THE ASSESSMENT DISTRICT This part incorporates, by reference, the "Assessment Diagram ", which is a diagram of the Assessment District showing the exterior boundaries of the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District in accordance with Sections 22570 and 22571. The diagram for an assessment district shall show (a) the exterior boundaries of the assessment district, (b) the boundaries of any zones within the district, and (c) the lines and dimensions of each lot or parcel of land within the district. Each lot or parcel shall be identified by a distinctive number or letter. The lines and dimensions of each lot or parcel of land shown on the diagram shall conform to those shown on the county assessor's maps for the fiscal year to which the report applies. The Diagram has been prepared and is on file with the City Engineer. The Assessor's maps and records are incorporated by reference herein and made part of this Report. PART D: ASSESSMENT OF THE ESTIMATED COSTS OF THE IMPROVEMENTS This part contains an assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District in accordance with Section 22572. The assessment shall refer to the fiscal year to which it applies and shall do all of the following: (a) State the net amount, determined in accordance with Section 22569, to be assessed upon assessable lands within the assessment district, which shall include an amount sufficient to pay the principal and interest due during the fiscal year from each parcel on any bonds or notes issued pursuant to Section 22662.5. (b) Describe each assessable lot or parcel of land within the district. (c) Assess the net amount upon all assessable lots or parcels of land within the district by apportioning that amount among the several lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements. According to Section 22573, the net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. PART E: PROPERTY OWNER LIST & ASSESSMENT ROLL This part contains a list of the County of Los Angeles Assessor's parcel numbers, and the net amount to be assessed upon benefited lands within the Assessment District. engreportl415draR Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 3 PART A PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS The facilities, which have been constructed within the City of Baldwin Park, and those which may be subsequently constructed, will be operated, serviced and maintained as generally described as follows: DESCRIPTION OF IMPROVEMENTS FOR THE CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FISCAL YEAR 2014 -15 The proposed improvements include the construction, operation, servicing and maintenance of landscaping, traffic signals, street lighting and appurtenant facilities in public streets and public rights -of -way within the Assessment District; including but not limited to, personnel, electrical energy, utilities such as water, materials, contracting services, and other items necessary for the satisfactory operation of these services described as follows: Landscaping and Appurtenant Facilities Landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk and curb and gutter maintenance adjacent to street trees, and appurtenant facilities, in public street and public rights -of -way, including parkways, medians and dedicated easements within the boundary of said Assessment District. Lighting and Appurtenant Facilities Poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide safety lighting and traffic signals in public streets and public rights -of -way and easements within the boundaries of said Assessment District. Power for the street lights and traffic signals shall be furnished by the Southern California Edison Company or its successors and shall be adequate for the intended purpose. Rates for power shall be those authorized by the Public Utilities Commission, State of California. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public lighting facilities or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the public lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of landscaping or appurtenant facilities. The plans and specifications for the improvements, showing the general nature, location, and the extent of the improvements, are on file in the office of the City Engineer and are incorporated herein by reference. engmp- rt1415draf Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 4 PART B AN ESTIMATE OF THE COSTS OF THE IMPROVEMENTS The estimated cost of the construction, operation, servicing and maintenance of the improvements for Fiscal Year 2014 -15, as described in Part A, are summarized herein and described below. All costs include administration and utilities where applicable. CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FY 2014 -15 Budget Estimated Beginning Fund Balance 711/2014 $416,108 FY 2014 -15 Estimated Revenue Assessment Revenue $910,285 County Ad Valorem Tax $774,000 Penalties, Late Taxes, Earnings $93,500 Total Revenue $1,777,785 FY 2014 -15 Projected Expenditures Street Lighting $590,700 Landscaping $840,000 Traffic Signals $285,000 Total Expenditures $1,715,700 FY 2014 -15 Operating Reserve / Deficit $62,085 Projected Fund Balance 6/30/2015 Beginning Fund Balance $416,108 FY 2014 -15 Revenues $1,777,785 FY 2014 -15 Expenditures $1,715,700 Projected Fund Balance 613012015 $478,193 The 1972 Act requires that a special fund be set -up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year. engmport1415draf Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 5 PART C A DIAGRAM FOR THE ASSESSMENT DISTRICT The diagram of the Assessment District showing the exterior boundaries of the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District is required in accordance with Sections 22570 and 22571. Each lot or parcel shall be identified by a distinctive number or letter. The lines and dimensions of each lot or parcel of land shown on the diagram shall conform to those shown on the county assessor's maps for the fiscal year to which the report applies. The Diagram has been prepared and is on file with the City Engineer. The boundaries of the District are coterminous with the boundaries of the City of Baldwin Park. A diagram showing the exterior boundaries of the District and the lines and dimensions of each lot or parcel of land within the District has been submitted to the office of the City Clerk of the City of Baldwin Park, and is hereby made a part hereof by reference. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles. The Assessor's maps and records are incorporated by reference herein and made part of this report. engrep=1415draR Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 6 PART D ASSESSMENT OF THE ESTIMATED COSTS OF THE IMPROVEMENTS GENERAL Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include construction, operation, maintenance and servicing of street lights, traffic signals, parks and landscaping. The 1972 Act requires that maintenance assessments be levied according to benefit rather than according to assessed value. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." "The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the California Streets and Highways Code)." In addition, Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Because assessments are levied on the basis of benefit, they are not considered to be a tax governed by Article XIIIA of the California Constitution. The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 22547). Thus, the 1972 Act requires the levy of a true "assessment' rather than a "special tax." ASSESSMENT METHODOLOGY The landscaping, lighting and traffic signals are for the benefit and enjoyment of all properties within the District and all parcels benefit from the maintenance of the improvements. The assessment of cost upon each parcel was apportioned in accordance with the estimated benefit received. Traffic signal maintenance costs are assessed throughout the district on a per parcel basis. The criteria for the assessment spread of lighting and landscaping is as follows: 1. Rectangular lots - street frontage 2. Irregular lots - width of lot at setback line - average of front and rear lot line lengths or - street frontage, whichever is most representative of benefit 3. Flag lots - one -half of total footage to each of the two lots 4. Corner lots - the narrowest frontage engmpom415draf Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 7 Excepted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial and institutional activities. BENEFIT ZONES The District is divided into four benefit zones. Zone 1 includes all residential parcels and Zone 2 includes all commercial and industrial parcels that are assessed for street lighting and traffic signal maintenance. Zone 3 includes all commercial, industrial and residential parcels that are assessed for landscaping maintenance. Zone 4 includes the West Ramona Residential Redevelopment Project (Tract Nos. 39090, 39635, 40746, 42828 and 41956) and is assessed for landscaping, lighting and traffic signal maintenance. The proposed assessment for Fiscal Year 2014 -15 is derived by apportioning a part of the total cost shown in Part B among the assessable parcels in proportion to the estimated benefits. A portion of the Assessment District Revenues is derived from Countywide Property Taxes or the Ad Valorem Tax. The City receives this amount as part of its tax apportionment and has designated a percentage to be used for lighting and landscape purposes. Description Frontage and Parcel Counts Proposed Assessment Assessment Revenues* Zone 1 & 2 (Street Lighting) 2. Commercial / Industrial 91,256 L.F. $0.5543 / L.F. $ 50,583 1. Residential 650,104 L.F. $0.2809 / L.F. $ 182,614 Zone 3 (Landscaping) All Parcels (excluding Zone 4) 741,361 L.F. $0.7513 / L.F. $ 556,984 Zone 4 (Lights/Landscaping) Tract # 39090, 39635, 40746, 42828, & 41956 160 Lots $36.01 / Lot $ 5,762 Parcel #1164 14 Lots $51.44 /Lot $ 720 Zone 2 (Traffic Signals) Commercial / Industrial (including Parcel #1164) 887 Lots $11.87 /Parcel $ 10,529 Zone 1 & 4 (Traffic Signals) All Parcels 13,764 Lots $7.49 / Lot $ 103,092 Grand Total $ 910,285 The assessor's parcel number and the amount of assessment upon each lot or parcel are shown on the assessment roll. Upon confirmation by the City Council this data will be submitted to the Los Angeles County Auditor - Controller for the inclusion on the 2014 -15 tax roll. engrepom415dra1t Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 8 PART E PROPERTY OWNER LIST AND ASSESSMENT ROLL The assessment set forth for each parcel is shown on the Assessment Roll for the District, submitted separately, as "Assessment Roll for City of Baldwin Park, Landscaping and Lighting Maintenance District, Fiscal Year 2014 -15 ", which exhibit is incorporated by reference herein and is on file in the office of the City Clerk. The Assessment Roll lists all parcels within the boundaries of the District as shown on the Assessment Diagram, Part C herein, and on the last equalized roll of the Assessor of the County of Los Angeles, which is by reference made part of this report. Assessments are not levied upon public streets, utility easements, right -of -way, and common areas. A list of names and addresses of the owners of all parcels within this District is shown on the last equalized Property Tax Roll of the Assessor of the County of Los Angeles, which by reference is hereby made a part of this report. This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll on file in the office of the City Clerk of the City of Baldwin Park. engrep=1415draft Community Economic Solutions STAFF REPORT ITEM NO. 41 TO: Honorable Mayor and Members of the City Council FROM: Marc Castagnola, AICP, Community Development Ma DATE: June 18, 2014 ' SUBJECT: Resolution 2014 -020 Authorizing the Submittal of an Application to the California State Department of Housing and Community Development for Funding Under the CalHOME Program. SUMMARY Request for the City Council to approve Resolution 2014 -020, authorizing the submittal of an application to the California State Department of Housing and Community Development (HCD) for funding under the Ca1HOME Program. FISCAL IMPACT There is no impact to general funds at this time. RECOMMENDATION Staff recommends that the City Council approve Resolution 2014 -020, authorizing the submittal of an application to HCD for funding under the Ca1HOME Program; the execution of a standard agreement and any amendments thereto; and related documents necessary to participate in the Ca1HOME program. LEGAL REVIEW Legal review was not necessary for this item. HCD has issued a Notice of Funding Availability (NOFA) for the Ca1HOME program. The intent of the Ca1HOME program is to increase home ownership, encourage neighborhood revitalization and sustainable development and maximize use of existing homes. This NOFA is for Mortgage Assistance and Owner Occupied Rehabilitation. With the reduction in CDBG and HOME funding, in an effort to provide the same level of services to the residents, Housing staff is proposing the City submit an application for the maximum possible $1,000,000 to administer the Owner Occupied Rehabilitation Loan Program. If approved for $1M, the Housing Department will be able to provide 16 low- income property owners with loans up to $60,000 to rehabilitate and improve their homes. Improvements will include, but are not limited to, corrections of health, safety and code violations, construct bed and bathroom additions to address overcrowding and interior and exterior improvements. If approved, the City must expend Ca1HOME funds within 36 months from the date of the award letter. With the years of experience and background Housing staff has with a successful Homeowner Rehabilitation program utilizing HOME, CDBG and previously approved Ca1HOME funds, it was determined that the best opportunity the Cit as to meet the required time frames would be to utilize the Ca1HOME funds to support the continued effort.doAthe existing Homeowner Rehabilitation Loan Program. submit the Ca1HOME application to HCD is July 10, 2014. RESOLUTION NO. HA 2014 -020 A RESOLUTION OF THE CITY COUNCIL OF BALDWIN PARK AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE STATE OF CALIFORNIA OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE CALHOME PROGRAM AND THE EXECUTION OF A GRANT AGREEMENT, ]ANY AMENDMENTS THERETO; AND RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE CALHOME PROGRAM. WHEREAS, the City of Baldwin Park, a political subdivision of the State of California, wishes to apply for and receive an allocation of funds through the CalHome Program; and WHEREAS, the California Department of Housing and Community Development (hereinafter referred to as "HCD ") has issued a Notice of Funding Availability ( "NOFA ") for the CalHome program established by Chapter 84, Statutes of 2000 (SB 1656 Alarcon), and codified in Chapter 6 (commencing with Section 50650) of Part 2 of Division 31 of the Health and Safety Code (the "statute "). Pursuant to the statute, HCD is authorized to approve funding allocations utilizing monies made available by the State Legislature to the CalHome program, subject to the terms and conditions of the statute and the CalHome Program Regulations adopted by the HCD in April 2004; and WHEREAS, the City of Baldwin Park wishes to submit an application to obtain from HCD an allocation of CalHome funds in the amount of $1,000,000. NOW, THEREFORE, the City of Baldwin Park does resolve as follows: SECTION 1. That the City of Baldwin Park shall submit to HCD an Application to participate in the CalHome Program in response to the NOFA issued on _ April 29, 2014, which will request a funding allocation for the following activities: Homeowner Rehabilitation Program SECTION 2. That if the application for funding is approved, the City of Baldwin Park hereby agrees to use the CalHome funds for eligible activities in the manner presented in the application as approved by HCD and in accordance with program regulations cited above. It also may execute any and all other instruments necessary or required by HCD for participation in the CalHome Program. SECTION 3. That the City of Baldwin Park authorizes Marc Castagnola, Community Development Manager, to execute in the name of the City Baldwin Park, the application, the Standard Agreement, and all other documents required by HCD for participation in the CalHome Program, and any amendments thereto. APPROVED AND ADOPTED this 18th day of June 2014. Manuel Lozano, Mayor rawr:&1n 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 above foregoing Resolution was duly passed and adopted by the Baldwin Park at a regular meeting thereof, held on June 18, 2014, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Alejandra Avila City Clerk ITEM NO. STAFF REPORT F gpwiyiti TO: Honorable Mayor and Members of the City C uncil HUBOF -4 THE 7 F ROM: Daniel Wall, Director of Public Wor z SAN GABRIEL y DATE: June 18, 2014 VALLEY 7D 7o AW SUBJECT: RESOLUTION NO. 2014-021, DECLARING THE INTENT TO CHANGE THE REFUSE RATE STRUCTURE FOR COMMERICALANDUSTRIAL AND MULTIFAMILY REFUSE SERVICE, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING SUMMARY The purpose of this report is to request that the City Council adopt a resolution declaring the intention to change the refuse rate structure for commercial /industrial and multifamily refuse service in order to comply with the requirements of Assembly Bill 341 (AB 341), and to set a date and time for a public hearing prior to consider adoption of a resolution setting the proposed rates under the change in rate structure.. FISCAL IMPACT It is not envisioned that the proposed change in rate structure will reduce revenue received as a percentage of gross receipts for commercial /industrial and multifamily service, however, under the proposed rate system a consumer's monthly cost will be dependent upon the level of recycling by that consumer. At this time, it is not possible to know if the change in rate structure will result in an overall increase or decrease in gross receipts. RECOMMENDATION Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution No. 2014 -021 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DECLARING THE INTENT TO CHANGE THE REFUSE RATE STURCTURE FOR COMMERCIAL AND MULTIFAMILY REFUSE SERVICE, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING ". LEGAL REVIEW Reviewed by City Attorney BACKGROUND Assembly 11 341 (AB341 requires commercial establishments that generate four (4) or more cubic yards of refuse pe we k and multifamily facilities that have five (5) or more units to recycle. The responsibility for impleme � ingA ^341 i falls to local jurisdictions such as the City of Baldwin Park. To effectively address the requirements of A13341, promote recycling and establish a cost effective method for commercial /industrial and multifamily a blended rate structure (modeled after the City's current single family residential rate structure) with standard service including recycling is being proposed. While there is a nominal increase in rates to include the mandatory recycling, Commercial /industrial and multifamily customers can reduce their trash bill by recycling more, and decreasing the size or frequency of their solid waste service. The proposed rates incentivize all business and multifamily customers to recycle and ensure that the City meets the requirements of AB241. Section 5.44.4 (c) and Section 5.6.4 (c) of the current Solid Waste Franchise Agreement provides for all commercial /industrial and multifamily accounts receiving permanent bin solid waste service with recyclable material collection at a frequency of up to two (2) time per week at no additional charge. Additional recyclable material collections beyond two (2) times per week will be provided, where required to meet the needs of the customer at rates set forth in the rate sheets. Customers currently subscribing to recycling services will see a reduction in their bill. Customers choosing not to recycle in accordance with AB341 will see an increase in their bill. ATTACHMENTS Resolution No. 2014 -021 Proposed Rate Structure Sheets Attachment 1 RESOLUTION NO. 2014 -021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DECLARING THE INTENT TO CHANGE THE REFUSE RATE STRUCTURE FOR COMMERICIAL AND MULTIFAMILY REFUSE SERVICE, AND SEETING A TIME AND PLACE FOR A PUBLIC HEARING WHEREAS, Assembly Bill 341 mandates a business (includes public entities) that generates four cubic yards or more of commercial solid waste per week or is a multifamily residential dwelling of five units or more shall arrange for recycling services. WHEREAS, Assembly Bill 341 mandates that each jurisdiction shall implement a commercial solid waste recycling program that consists of education, outreach and monitoring of businesses, that is appropriate for that jurisdiction and is designed to divert commercial solid waste from businesses. WHEREAS, a rate structure that includes recycling is the most effective way for the City to comply with the requirements of Assembly Bill 341. WHEREAS, The City of Baldwin Park provides mandatory solid waste service to business and multifamily residential properties through its Franchise Agreement; and, WHEREAS, this change in rate structure was not contemplated in previous rate hearing conducted in accordance with Proposition 218. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That a public hearing shall be held before this City Council, in the Council Chambers, 14403 E. Pacific Avenue, Baldwin Park, on Wednesday, August 20, 2014, at the hour of 7:00 p.m. for the purposes of hearing protests, comments, or objections in reference to proposed change in rates, and this Council's determination whether the public interest, and necessity require this change. SECTION 3. That the City Clerk is hereby authorized and directed to mail notice of the public hearing to all solid waste customers at least 45 days prior to the public hearing in accordance with the requirements of Proposition 218. SECTION 4. That the City Clerk shall certify to the passage and adoption of the Resolution. Resolution No. 2014 -021 Page 2 of 2 PASSED, APPROVED, AND ADOPTED this 18th day of June 2014. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, ALEJANDRA AVILA, Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2014 -021 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on June 18, 2014 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 w � wMwwww � r m www why o � o - M � 3 a E o r O_ T 0 0 0 i d o � � n i `o 6 <« rvarvwn' of o � Iz co c °i v m p t5 v o a v v o rvme�ima m M° e � O p d 0 m y N N m Q N U N O r O N N m am Q ' >e h w m ° � E a FITIT m c y? p a a E a � W f0U U v2 C, o P t7 yWj d n c a a E a c c o LL O Q Q R Q Q _° zzzaz W O N N U M V P b NN�°on oLL F O v � H N p O O O cV ^ ^ D z V Z Q � N O u ymj C, E U o m u�i N ro rn m a �O r � � H i E E °m o d 0 � I c o W o en LL » » r a � m Q a a m p a E o m J �M c U a Z c ro `o o w � www why o � 3 � 0 i d o � � n i `o rvarvwn' Iz co w °i v m p t5 v o 2 ` m M° e ' >e ° I a FITIT m c p a o i C, i P t7 yWj a E a c c o LL O Q Q R Q Q _° zzzaz W b O O h N cNi M V P b O v � H a o � O ymj C, U o m u�i N ro rn m a �O r � � H i E E °m d c o W o d �M c c ro `o o 2 N w v m a F c c G F O ] \�($( \\\ § #! ; §! ;!# \ ! $ \( \ {,} �!)] /!!«;_ «: Q :I:$! \z ;/; \\ \ { ITEM NO. v STAFF REPORT Ygplg6yiti TO: Honorable Mayor and Members of the City Council A HUB OF • THE 9A FROM: Daniel Wall, Director of Public Works SAN HE „ ; DATE: June 18, 2014 \ZA VALLEY SUBJECT: RESOLUTION NO. 2014-022, SETTING RATES FOR COMMERICAL/INDUSTRIAL, MULTIFAMILY AND RESIDENTIAL REFUSE SERVICE, EFFECTIVE JULY 1, 2014 SUMMARY The purpose of this report is to provide information to the City Council in consideration of approving resolution to adjust refuse rates effective July 1, 2104, in accordance with the Franchise Agreement. FISCAL IMPACT The requested 1.08% increase in rates will increase the annual franchise fees paid to the City by approximately $13,000. RECOMMENDATION Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution No. 2014 -022 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, SETTING RATES FOR COMMERCIALANDUSTIRAL, MULTIFAMILY AND RESIDENTIAL REFUSE SERVICE, EFFECTIVE JULY 1, 2014 ". LEGAL REVIEW Reviewed by City Attorney BACKGROUND The City entered into the current "Amended and Restated Exclusive Franchise Agreement for Provision of Solid Waste Handling Services" (Agreement) with Water Management Collection and Recycling, Inc. (WM) on September 4, 2013. This agreement is in effect until June 30, 2023. Under this agreement, a rate adjustment based on changes in the Consumer Price Index (CPI) is to be effective July 1, 2014. This rate adjustment has previously been approved by the City Council through the Proposition 218 process; however for the adjustment to take effect, resolution 2014 -022 must be adopted. The rate increase based on the CPI is 1.08 %. The average residential customer with a 64 gallon waste container, a 64 on recycle container, and a 64 gallon green waste container will see their monthly bill increase by 23¢ IT, 21.58. This is a very modest increase and is less than the cost to mail a post card. ATTACHMENTS Resolution No. 2014 -022 Request for Rate Increase Portion of Agreement Resolution No. 2014 -022 Page 1 of 2 RESOLUTION NO. 2014 -022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, SETTING RATES FOR COMMERCIAL/ INDUSTRIAL, MULTIFAMILY AND RESIDENTIAL REFUSE SERVICE, EFFECTIVE JULY 1, 2014 WHEREAS, the collection and disposal of refuse is a matter requiring control and regulation by the City, in order to protect the public peace, health, safety and general welfare; and WHEREAS, in order to protect the public peace, health, safety and general welfare, the City has entered into a franchise agreement for the provision of refuse collection and disposal services with Waste Management Collection and Recycling, Inc. on September 4, 2013 ( "Agreement'); and WHEREAS, said Agreement provides for annual adjustments in the fees charged for refuse collection and disposal services; WHEREAS, the City Council desires to set the respective fees charged for refuse collection; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Franchisee is hereby authorized to charge the following fees shown in Exhibit "A" for refuse collection and disposal effective July 1, 2014. Section 2. That the City Clerk shall certify as to the adoption of the Resolution and shall cause the same to be processed in the manner required by law. PASSED, APPROVED, AND ADOPTED this 18th day of June 2014. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, ALEJANDRA AVILA, Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2014 -022 was duly adopted by the City Council of the Resolution No. 2014 -022 Page 2 of 2 City of Baldwin Park at a regular meeting thereof held on June 18, 2014 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 M� W 2 X w N N V' N to O W i9 co LO 69 N CO V � N C.�j if! M t� ui V �j b9 M W EA W, .. 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O C y C C O) C N O o O G O) N tU a U 7 7 0_ a 7 3 7 U U C C C Yj M U U 0 0 .0 �0.0 0 0 0 0 aaaan.a:Daa I, O N r OD Cl) 0 OD V I- O M OO Cl) co OD M to to t0 to O O N N M t0 N w of vi &9. 69 691 69 69 fA UT N N LL W O ") U Q V C O O O U a) � m = C C aEi E d Vi 3 = Y T N O. 3 CL C oc d a) m y y y�> a) w m E o w W O w U C E C O ,N O ' _� C f6 'C O 0 a m a E °) 5 m ate) o> } w O m C Y U Y(D O M U °-iU U .0 N � ) K iOf0 t 0 U �` OD 00 0 c co 6 c6 C _O _N O U R d E E O U O 7 O March 1, 2014 Mr. Michael Taylor Interim City Manager City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Re: 2014/2015 Rate Increase Request Dear Mr. Taylor: WASTE MANAGEMENT San Gabriel / Pomona Valley District 13940 E. Live Oak Avenue Baldwin Park, CA 91706 (626) 646 -4712 Pursuant to our franchise agreement Section 8.1 and Section 8.2, Waste Management respectfully requests an adjustment of the rates for residential and commercial refuse and recycling. In addition, we would like to propose three new fees that will help with community beautification and diversion. The current rate increase formula allows for 100% of the average increase between the Consumer Price Index (CPI) for All Urban Consumers in the Los Angeles- Anaheim - Riverside area for the previous 2012 and 2013 calendar years. Our calculations are based on average annual change between 2012 (236.648) to 2013 (239.207) a difference of 2.559. Therefore, Waste Management requests a rate adjustment in the amount of 1.08% effective July 1, 2014. The rate increase formula and new rate schedule is attached. In addition there are three new fees that were not captured on the new contract rate sheet that we would like to implement: a) Commercial Snapshot Fee - $45.00 per occurrence. This Snapshot Fee is part of the "CLEAN — Click Load Educate and Notice" program in Section 5.4.5 of the franchise agreement. The Snapshot fee is an overage fee imposed when a commercial customer has overflowed their bin as documented by a photo taken by our driver. The franchise agreement allows us to charge an "overage fee" (which is the $45 Snapshot fee) deliver the next larger container and adjust the fee on the second offense if one year. We would like this fee to be in the rate schedule. b) Extra Pick Up for Commercial Recycling - $35 for any size bin. This will allow customers who have scheduled recycling services but need an extra pick up outside of their normal pick up day. c) Non - Service Day Residential Bulky Item Pick Up — even though there is free bulky item pick every Friday for residential customers, there may be occasions when a customer may want pick up on a day other than Friday which would eliminate blight in the community. d) In addition to these new fees, we would like to put the Every Other Week Service for 1.5 yd commercial bin trash service back on the rate sheet. This was originally taken out of the new contract, but we would like to 'grandfather' in the current Every Other Week customers and add them to the new rate sheet. Should you need additional information or have any questions regarding this annual rate review, please contact me right away. Meanwhile, Waste Management remains proudly serving the City of Baldwin Park. Sincerely, V ^ � Teri G. 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M w P (O m N Q N N N M M M R M m O Mi O w m ON+ m O 3 w N N n to M O 9 w C N N N t7 M M N N N N N N N N w [p N O M w n N N Yt M O M iN0 � t0 YOi O P m w N N w w M m m m Q N N M M M N N N N N N N g t0 e- pM N r M N n m p rn N N w N P h N 1+ m Z N N N M M M N N N N N N N M Oi P t6 w P P w � 0 N (NV N NN N OPN N N N N N N N N m G M m O n M N M d m M W N N N N N M M M N N N N N N N N N N M M M N N N N N N N h M O r N N N N N N M M M N N N N N N N M vJ P O R N W r N [p Cy e- N_ b fII tf) Q M O C'F w N N� N N N CM9 (r5 M N N N N N N N w O m "q W p N N N OJ M sf Q N N N N N N N N m O tq0 M V N� W W O [p N m M N N W M W N N N N N N N n n m M M N N M in N N N N N N N P O Q m w O N Q to r W O N w n t0 ro P O m1O N N O O Q m CJ 9 Ci N N N N N N N N W W r O W O r N M P N S O 6 4 O _ O N N N N O N 6 m N m N Q q U CG C � 3 3 O _W U U m g R Lu � a m � 0 � a a S LL a° a m C O 2 9 E ii N QC m ® E $ m _3 m W L 3 y � a U> W 3 W 's E m m m UO inza�m} N m O tq0 M V N� W W O [p N m M N N W M W N N N N N N N n n m M M N N M in N N N N N N N P O Q m w O N Q to r W O N w n t0 ro P O m1O N N O O Q m CJ 9 Ci N N N N N N N N W W r O W O r N M P N S O 6 4 O _ O N N N N O N 6 m N m N subject to the requirements of Section 8.3.4, to the extent applicable. 8.2 Adiustments to Maximum Rate Schedule. 8.2.1 General. Franchisee acknowledges under current law, increases in the Maximum Rate Schedule may be subject to the substantive and procedural requirements of Proposition 218. During the Term of this Agreement, the Maximum Rate Schedule shall be adjusted in accordance with this Article VIII, subject to the provisions and requirements of Proposition 218. Any increases in the Maximum Rate Schedule are strictly subject to the assent of the City and compliance with Proposition 218 as provided in Section 8.3. 8.2.2 Annual Adiustments. Adjustments to the Maximum Rate Schedule shall be authorized consistent with this Section 8.2 beginning on July 1, 2014. All requests for rate adjustments shall be submitted by Franchisee to the Chief Executive Officer on or before the first day of March each year beginning with March 1, 2014. All requests for annual adjustments shall be in a form acceptable to the Chief Executive Officer with support for all assumptions made by Franchisee in preparing the adjustment. The Chief Executive Officer shall review the information submitted by Franchisee for completeness and accuracy, and the parties agree to negotiate in good faith regarding any dispute. The requested adjustment, if authorized under 8.2.3, shall take effect upon verification of completeness and accuracy by the Chief Executive Officer, or complying with all requirements of Proposition 218 for any other adjustment authorized by this Agreement. 8.2.3 COLA Adjustments. With respect to the adjustment effective July 1, 2014, all rates, fees or charges on Exhibit AA shall be adjusted to reflect changes in the Consumer Price Index for All Urban Consumers as prepared and announced from time to time by the United States Department of Labor for the Los Angeles /Orange County/Riverside area. The adjustment shall be equal to the amount derived by multiplying the previous rates in Exhibit A -1 by the percentage increase or decrease in the index as measured in the month of March each year. City and Franchisee acknowledge, agree and understand that the foregoing adjustment has previously been approved by the City following completion of the Proposition 218 notice and hearing process, and that this adjustment shall take effect upon verification of completeness and accuracy by the Chief Executive Officer. Beginning with the adjustment effective July 1, 2015, and through the adjustments effective for the Contract Years 2015(2016, 2016/2017, 2017/2018. 2018/2019 and 2019/2020, all rates, fees or charges set forth in Exhibit A -2 shall be adjusted by the percentage increase in the Consumer Price Index, CUSROOOOSEHG02 CPI -U Garbage and Trash Collection, US City Average, not seasonally adjusted, as published by the United States Department of Labor, Bureau of Labor Statistics, or the most similar successor index if this index is no longer published, ( "CPP'), by calculating the average of the changes in the CPI between each month during the January to December period immediately preceding the date of the rate adjustment and the same month in the preceding year. An example of the rate adjustment methodology is provided in Exhibit C. 01067:0001:141784.9 40 AGENDA BALDWIN PARK FINANCE AUTHORITY JUNE 18, 2014 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 5 /Iffi BALDWIN P- A- R- I( Manuel Lozano - Chair Ricardo Pacheco - Vice Chair Cruz Baca - Board Member Monica Garcia - Board Member Susan Rubio - Board Member PLEASE TURNOFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR OE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS OURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the Finance Se invita al pOblico a dirigirse a la Agencia nombrada en esta Authority on any matter posted on the agenda or on any agenda, para hablar sobre cualquier asunto publicado en la other matter within its jurisdiction. If you wish to address agenda o cualquier tema que este bajo su jurisdiction. Si usted you may do so during the PUBLIC desea la oportunidad de dirigirse a la Agencia, podra hacedo TIONS period noted on the agenda. Each durante el period o de Comentarios del Pablico (Public wed three (3) minutes speaking time. A Communications) anunciado en la agenda. A cada persona se aking interpreter is available for your le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. Ld, � .,.. , iii � FINANCE AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Cruz Baca, Monica Garcia, Susan Rubio, Vice Chair Ricardo Pacheco and Chair 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) 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 §54954.21 ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar acci6n en algOn asunto a menos qua sea incluido an la agenda, o a menos qua exista algGna 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 y/o filar asuntos para tomar an consideraci6n an juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. TREASURER'S REPORT: APRIL 2014 Staff recommends that the City Council receive and file the Treasurer's Report for April 2014. ADJOURNMENT CERTIFICATION I, Alejandra Avila, Secretary of the Finance Authority 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 12th day of June 2014. Alejandra Avila Secretary 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 n 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(c),baldwinoark. 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 l)) SUMMARY TO: The Honorable Mayor and Members of the City un FROM: Craig A. Graves, Director of Finance -4 DATE: June 18, 2014 SUBJECT: Treasurer's Report- April 2014 Attached is the Treasurer's Report for the month of April 2014. The Treasurer's Report lists all cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. FISCAL IMPACT None RECOMMENDATION That the City Council receive and file the Treasurer's Report for April 2014. LEGAL REVIEW None Required Treasurer's Report — April 2014 Page 2 BACKGROUND Attached is the Treasurer's Report for the month of April 2014. The Treasurer's Report lists all cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). The report separates cash into the following three sections: State of California Local Agency Investment Fund (LAIF) — this is where the majority of the cash is held. City cash, which accounts for the largest portion includes monies from the General Fund and all other restricted funds known as Special Funds. Money is kept in LAIF until it needs to be transferred to cover warrants (payments to vendors, contractors, etc.), payroll, or to pay the various bond payments. Fiscal Agent Funds — These amounts represent monies held by the various bond holders that are restricted and which have been set aside for future bond payments. Cash — This section provides the cash balances in the various checking accounts the City uses to pay its on -going payments. The cash balances fluctuate during the year due to the timing of large payments, such as interest and principal for bonds, and due to when the City receives its major sources of revenues (such as sales tax and property tax in December, January and May each year. The current investments are in compliance with the City's Investment Policy and to the California Government Code. Attachment: Treasurer's Report for April 2014 CITY OF BALDWIN PARK TREASURER'S REPORT April 30, 2014 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund City 0.23% Varies Varies Housing Authority 0.23% Varies Varies Fiscal Agent Funds - City Varies Varies Varies Fiscal Agent Funds - Successo Varies Varies Varies 23,561,094.09 23,561,094.09 23,561,094.09 23,561,094.09 37,984.67 37,984.67 37,984.67 37,984.67 23,599,078.76 23,599,078.76 23,599,078.76 23,599,078.76 2,13 5,184.81 2,135,184.81 2,135,184.81 2,13 5,184.81 3,598,572.76 3,598,572.76 3,598,572.76 3,598,572.76 $ 29,332,836.33 $ 29,332,836.33 5,733,757.57 $ 29,332,836.33 Total Investments $ 29,332,836.33 Cash City Checking 9,225,689.80 City Miscellaneous Cash 84,580.92 Comm. Develop. Comm. 0.00 Successor Agency 865,455.32 Housing Authority 603,040.92 Financing Authority 0.00 Total Cash 10,778,766.96 Total Cash and Investments $ 40,111,603.29 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity /purchase transaction made for the month of April 2014 and several deposits /withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., 1 hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: _ AGENDA BALDWIN PARK HOUSING AUTHORITY JUNE 18, 2014 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 BALDWIN P - A- R- K Manuel Lozano - Chair Ricardo Pacheco - Vice Chair Cruz Baca - Board Member Monica Garcia - Board Member Susan Rubio - Board Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FA VOR DE APAGAR SUS TELEFONOS CEL LILARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the Housing Se invita al publico a dirigirse a la Agencia nombrada an Authority on any matter posted on the agenda or on esta agenda, pare hablar sobre cualquier asunto any other matter within its jurisdiction. If you wish to publicado en la agenda o cualquier tema que est6 bajo address the Board, you may do so during the su junsdiccibn. Si usted desea la oportunidad de dirigirse PUBLIC COMMUNICATIONS period noted on the a la Agencia, podra hacerlo durante el periodo de agenda. Each person is allowed three (3) minutes Comentarios del Pdblico (Public Communications) speaking time. A Spanish speaking interpreter is anunciado en la agenda. A cada persona se le permite available for your convenience. hablar por tres (3) minutos. Hay un interprete pare su conveniencia. aqe 7t;. r- rr;;cr ,t ; err s runt. a; 7, !cart >ei rfotr :r .n etrmr�ub ` CALL TO ORDER ROLL CALL HOUSING AUTHORITY REGULAR MEETING — 7:00 PM Board Members: Cruz Baca, Monica Garcia, Susan Rubio, Vice Chair Ricardo Pacheco and Chair 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) 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 COMIS16N No se podra tomar acci6n an algun asunto a menos que sea incluido an la agenda, o a menos qua exista algpna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas, o 2) Dingir personal a investigar y/o fijar asuntos para tomar an consideraci6n an juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR TREASURER'S REPORT: APRIL 2014 Staff recommends that the City Council receive and file the Treasurer's Report for April 2014. ADJOURNMENT CERTIFICATION I, Alejandra Avila, Secretary of the Housing Authority 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 12th day of June 2014. Alejandra Avila Secretary 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, 2ntl 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 @baldwinnark.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) STAFF REPORT SUMMARY TO: FROM: DATE: SUBJECT: ITEM NO. ' The Honorable Mayor and Members of the City un '1--` Craig A. Graves, Director of Finance / June 18, 2014 C Treasurer's Report- April 2014 Attached is the Treasurer's Report for the month of April 2014. The Treasurer's Report lists all cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. FISCAL IMPACT QnI RECOMMENDATION That the City Council receive and file the Treasurer's Report for April 2014. LEGAL REVIEW None Required Treasurer's Report — April 2014 Page 2 BACKGROUND Attached is the Treasurer's Report for the month of April 2014. The Treasurer's Report lists all cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). The report separates cash into the following three sections: • State of California Local Agency Investment Fund (LAIF) — this is where the majority of the cash is held. City cash, which accounts for the largest portion includes monies from the General Fund and all other restricted funds known as Special Funds. Money is kept in LAIF until it needs to be transferred to cover warrants (payments to vendors, contractors, etc.), payroll, or to pay the various bond payments. • Fiscal Agent Funds — These amounts represent monies held by the various bond holders that are restricted and which have been set aside for future bond payments. • Cash — This section provides the cash balances in the various checking accounts the City uses to pay its on -going payments. The cash balances fluctuate during the year due to the timing of large payments, such as interest and principal for bonds, and due to when the City receives its major sources of revenues (such as sales tax and property tax in December, January and May each year. The current investments are in compliance with the City's Investment Policy and to the California Government Code. Attachment: Treasurer's Report for April 2014 CITY OF BALDWIN PARK TREASURER'S REPORT April 30, 2014 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund City 0.23% Varies Varies 23,561,094.09 23,561,094.09 23,561,094.09 23,561,094.09 Housing Authority 0.23% Varies Varies 37,984.67 37,984.67 37,984.67 37,984.67 23,599,078.76 23,599,078.76 23,599,078.76 23,599,078.76 Fiscal Agent Funds - City Varies Varies Varies 2,135,184.81 2,135,184.81 2,135,184.81 2,135,184.81 Fiscal Agent Funds - Successo Varies Varies Varies 3,598,572.76 3,598,572.76 3,598,572.76 3,598,572.76 $ 29,332,836.33 $ 29,332,836.33 5,733,757.57 $ 29,332,836.33 Total Investments $ 29,332,836.33 Cash City Checking 9,225,689.80 City Miscellaneous Cash 84,580.92 Comm. Develop. Comm. 0.00 Successor Agency 865,455.32 Housing Authority 603,040.92 Financing Authority 0.00 Total Cash 10,778,766.96 Total Cash and Investments $ 40,111,603.29 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity /purchase transaction made for the month of April 2014 and several deposits /withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: _ /