HomeMy WebLinkAbout2017 05 17NOTICE AND CALL
OF A
SPECIAL TING
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, MAY 17, 2017 at 6:00 PM. at City Hall — 31d 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: May 11, 2017
Manuel Lozano
Mayor
AFFIDAVIT OF POSTING
I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby that, certify under penalty of
perjury under the laws of the State of California, the foregoing agenda was posted on the City
Hall bulletin board not less than 24 hours prior to the meeting on May 17, 2017.
Alejandra Avila
City Clerk
AGENDA
CITY COUNCIL
SPECIAL MEETING
(Please note
and
AY 17, 2017 ---"to
6:00 PM .
CITY HALL - 31 Floor, Conference Room 307
14403 EAST PACIFIC AVENUE
BALDWIN PARK, CA 91706
(626) 960-4011
Manuel Lozano
Susan Rubio
Cruz Baca
Monica Garcia
Ricardo Pacheco
Mayor
Mayor Pro Tem
Councilmember
- Councilmember
- Councilmember
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y DEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda, but only on any matter posted on this
agenda. If you wish to address the City Council
or any of its Agencies, you may do so during the
PUBLIC COMMUNICATIONS period noted on
the agenda. Each person is allowed three (3)
minutes speaking time. A Spanish-speaking
interpreter is available for your convenience.
COMENTARIOS DEL PUBLICO
Se invita al publico a dirigirse al Concilio o cualquiera
otra de sus Agencias nombradas en esta agenda,
para hablar solamente sobre asunto publicado en esta
agenda. Si usted desea la oportunidad de dirigirse al
Concilio o alguna de sus Agencias, podrcl hacerlo
durante el perlodo de Comentarios del Publico
(Public Communications) anunciado en la agenda. A
cads persona se le permite hablar por fres (3)
minutos. Hav un interarete para su conveniencia.
CITY COUNCIL
SPECIAL MEETING — 6:00 P.M.
CALL TO ORDER
ROLL CALL: Council Members: Cruz Baca, Monica Garcia Ricardo Pacheco,
Mayor Pro Tem Susan Rubio, and Mayor Manuel Lozano
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos ser6 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 SERVICIOS DEL INTERPRETE
No se podra tomar accion en algOn asunto a menos que sea incluido en la agenda, o a menos que exists alguna
emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a
declaracidnes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en
consideracion en juntas proximas. [Codigo de Gobierno §54954.2]
OPEN SESSION/STUDY SESSION
1. DISCUSSION REGARDING MEDICAL CANNABIS
Presentation by City Attorney Robert Tafoya
RECESS TO CLOSED SESSION
2. PUBLIC EMPLOYEE APPOINTMENT (GC §54957):
Community Development Director
Public Works Director
3. CONFERENCE WITH LABOR NEGOTIATORS (GC §54957.6)
Pursuant to Government Code Section 54957.6:
Actency design iter representatives: Shannon Yauchzee, Chief Executive Officer, and
Robert Tafoya, City Attorney
EM _yee Organizations: General Unit of Maintenance Employees, SEIU Local 721; Police
......
Officer Association; Professional and Technical Employees Association; Clerical
Employees Association; Police Management Employees Association; Classified
Confidential Employees Association; Classified Management Employees Association
I:, nrej�te ented f rnto gy �...: City Planner; Housing Authority Manager; Community
Development Director; Human Resource Manager; Police Chief; Finance Director; Public
Works Director; Recreation and Community Services Director
4. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government
Code Section 54956.9:
Potential Case(s): Four (4)
RECONVENE IN OPEN SESSION
REPORT FROM CLOSED SESSION
ADJOURNMENT
CERTIFICATION
I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby that, certify under penalty of
perjury under the laws of the State of California, the foregoing agenda was posted on the City
Hall bulletin board not less than 24 hours prior to the meeting on May 17, 2017.
J�
Alejandra Avila
City Clerk
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are
available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library
in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Cleric at
(626) 960-4011 ext. 466 or e-mail oav b"'d fwidw mtk'uon').
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)
AMENDED AGENDA
BALDWIN PARK CITY COUNCIL
REGULAR MEETING
MAY 177 2017
7:00 PM
COUNCIL CHAMBER
14403 E. Pacific Avenue
Baldwin Park, CA 91706
(626) 960-4011
Manuel Lozano - Mayor
Susan Rubio
- Mayor Pro Tem
Cruz Baca
- Council Member
Ricardo Pacheco
- Council Member
Monica Garcia
- Council Member
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda on any matter posted on the agenda or
on any other matter within its jurisdiction. If you
wish to address the City Council or any of its
Agencies, you may do so during the PUBLIC
COMMUNICATIONS period noted on the
agenda. Each person is allowed three (3)
minutes speaking time. A Spanish speaking
interpreter is available for your convenience.
COMENTARIOS DEL PUBLICO
Se invita al publico a dirigirse al Concilio o cualquiera
otra de sus Agencias nombradas en esta agenda, para
hablar sobre cualquier asunto publicado en la agenda o
cualquier tema que este bajo su jurisdiccion. Si usted
desea la oportunidad de dirigirse al Concilio o alguna de
sus Agencias, podra hacerlo durante el periodo de
Comentarios del Publico (Public Communications)
anunciado en la agenda. A cada persona se le permite
hablar por tres (3) minutos. Hay un interprete para su
conveniencia.
vIrrf vvOl en public record re k")�� irrrf f0 ife;rm for ,gra Open Session Of r;Pr`frlku rrree; irrrf Of ffreFP^ i,rff (""Orincil
h"' r i frlbur ed f0 Y'le f,rr`f' (""Orlrrcil le`Fr arr 7"fE;a `lr rf rrreeinn vvrfl be for public rrrspecfion
at f,Ill' ll all in tt�ae f;Il„� f,le, rt's office at 14403 C . l I ar,rflr, Arrrararre, Warr” rrrrr'ing norrcreal l.rrrsrrrraWti s t�aow'Wtir
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CITY COUNCIL
REGULAR MEETING — 7:00 PM
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
Council Members: Cruz Baca, Monica Garcia, Ricardo
Pacheco, Mayor Pro Tem Susan Rubio and Mayor Manuel
Lozano
REPORT FROM CLOSED SESSION
ANNOUNCEMENTS
This is to announce, as required by Government Code section 54952.3, 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
• Presentation of Proclamation recognizing May 2017 as National Lupus Awareness
Month.
• Presentation of Certificates of Recognition to Sharon Stone, Sierra Vista High School
Student, and Damaris Garcia, Baldwin Park High School Student, as recipients of the
Mark Daniel Flores Music Scholarship.
• Presentation of Certificates of Recognition to Winners of the 2017 Arbor Day
Celebration Art Contest.
• Introduction of new sworn officers of the Baldwin Park Police Department.
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos sera el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances
exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct
staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE
No se podra tome accion en algOn asunto a menos que sea incluido en la agenda, o a menos que exista algana emergencia o
circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas
hechas por personas, o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas.
[Codigo de Gobierno §54954.2]
City Council Agenda Page 2
CONSENT CALENDAR
All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be
no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from
the general order of business and considered in its normal sequence on the agenda.
1. WARRANTS AND DEMANDS
Staff recommends that Council ratify the attached Warrants and Demands Register.
2. TREASURER'S REPORT — MARCH 2017
Staff recommends that Council receive and file the Treasurer's Report:
3. REJECTION OF CLAIMS
Staff recommends that Council reject the following claim(s) and direct staff to send
appropriate notice of rejection to claimant(s)-
Springer, Victoria
Vargas, Michael Anthony
Claimant alleges the City has an
agreement with Foothill Transit to provide
regional transit services for the City. The
Claimant was a passenger on a Foothill
Transit bus where she claims to have
been injured.
Claimant alleges the police department
illegally towed and impounded his vehicle.
4. MEETING MINUTES
Staff recommends that Council receive and file the following Meeting Minutes:
A. Meeting Minutes of the Housing Authority, Finance Authority and Special City
Council Meetings held on April 19, 2017.
B. Meeting Minutes of the Special and Regular City Council Meetings held on
May 3, 2017.
5. ACCEPT PLANS AND SPECIFICATIONS AND AUTHORIZE PUBLISHING A
NOTICE INVITING BIDS FOR CITY PROJECT NO. 2017-0185 — ALLEYWAY
STREET IMPROVEMENTS PROJECT
Staff recommends that Council accept the plans and specifications, and authorize
staff to advertise the Invitation to Bid.
6. APPROVAL TO ENTER INTO AN AGREEMENT WITH MT. SAN ANTONIO
COLLEGE SCHOOL OF CONTINUING EDUCATION DIVISION FOR AN AQUATIC
PROGRAM
Staff recommends that Council approve and authorize the Director of Recreation
and Community Services to execute the Use of Facilities Agreement with Mt. San
Antonio College School of Continuing Education for the Baldwin Park Aquatic Center
to create an aquatic program partnership.
7. RENEWAL OF AGREEMENT WITH ALL CITY MANAGEMENT SERVICES FOR
PROVIDING SCHOOL CROSSING GUARD SERVICES FOR FISCAL YEAR 2017-
2018
Staff recommends that Council approve the Amendment to the Agreement with All
City Management Services (ACMS) for crossing guard services for Fiscal Year
2017-2018; authorize the Mayor to execute the Amendment; and authorize staff to
include the new contract price of $194,832 in the proposed budget for Fiscal Year
2017-2018 under account 100-30-390-51100-13200-2.
City Council Agenda
Page 3
8. REQUEST TO REINSTATE POLICE HELICOPTER PROGRAM
Staff recommends that Council authorize the Acting Chief of Police to make all
necessary arrangements with the EI Monte Police Department to immediately
reinstate Baldwin Park's partnership in the helicopter program under the same terms
of the FY 2016-2017 agreement most recently in effect.
9. RESOLUTION NO. 2017-188, APPROVING THE ENGINEERS REPORT FOR THE
CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT
DISTRICT FOR FY2017-2018, 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. 2017-188 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 2017-2018,
Declaring The Intent To Levy And Collect Assessments, And Setting A Time And
Place For Public Hearing"
10. RESOLUTION NO. 2017-189, APPROVING THE ENGINEER'S REPORT FOR
THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY2017-
2018, 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. 2017-189 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 2017-2018, Declaring The Intent To
Levy And Collect Assessments, And Setting A Time And Place For A Public
Hearing."
11. ACCEPT PLANS AND SPECIFICATIONS AND AWARD OF BID FOR CITY
PROJECT NO. 2016-0135 — MORGAN PARK AQUATIC CENTER CEILING
MAINTENANCE
Staff recommends that Council approve and award the contract to Lucas Builders,
Inc., in the amount of $59,000, and authorize the Mayor to execute the contract.
12. AUTHORIZATION TO PURCHASE POLICE VEHICLES WITH FEDERAL ASSET
FORFEITURE FUNDS
Staff recommends that Council:
1) Waive the formal bidding process for the purchase of three (3) vehicles and
installation of the emergency equipment on the vehicles pursuant to Baldwin
Park Municipal Code §34.23(c); and
2) Authorize the Police Department to work in conjunction with the Public Works
Department to purchase the new vehicles; and
3) Authorize the Finance Director to complete a budget amendment for an
amount not to exceed $78,129.89, from account 205-30-360-58110 and
designate $78,129.89 for restricted purchase of the new Police Department
vehicles; and
4) Authorize the Chief of Police, or his designee, to complete all appropriate
documentation to complete the purchase.
City Council Agenda
Page 4
REPORTS OF OFFICERS
13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
CONFIRMING THE ADVISORY COMMITTEE'S REPORT AND LEVYING THE
ASSESSMENT IN THE BALDWIN PARK CITYWIDE ASSESSMENT DISTRICT
FOR FISCAL YEAR 2017-18
Staff recommends that Council:
1) Approve the FY 2017-18 BIT Allocation Budget; and
2) Restore the full rate and approve Resolution No.2017-184, entitled "A Resolution
of the City Council of the City of Baldwin Park, Confirming the Advisory
Committee's Report and Levying the Assessment in the Baldwin Park Citywide
Business Improvement District for Fiscal Year 2017-2018;"
3) Provide staff direction on the appointment of a member of the public or business
community to the Committee.
14. DIRECTION AND APPROVAL OF THE DESIGN FOR THE BALDWIN PARK
TRANSIT BUS WRAPS AND THE BALDWIN PARK COMMUTER CONNECTOR
EXPRESS LINE TRANSIT BUS MODEL
Staff recommends that Council:
1) Select and approve a bus wrap design for the Baldwin Park Transit Buses; and
2) Select and approve a transit bus model for the Baldwin Park Commuter
Connector Express Line.
15. A REQUEST FOR DIRECTION FROM THE CITY COUNCIL REGARDING
EXISTING ON-CALL PROFESSIONAL SERVICES FOR THE PUBLIC WORKS
DEPARTMENT AND COMMUNITY DEVELOPMENT (BUILDING) DEPARTMENT
Staff recommends that Council provide direction:
1) Prepare and circulate an updated Request for Qualifications (RFQ) for General
On -Call Professional Consulting Services for the areas noted above and extend
the existing on-call professional listing until such time that the RFQ process is
complete and a new listing for on-call professional services is established; or
2) Extend the existing on-call professional listing until June 30, 2019, and additional
two years.
16. FOURTH OF JULY SAFETY ENHANCEMENT STRATEGY
Staff recommends that council receive and file the Fourth of July Safety
Enhancement Report.
City Council Agenda
Page 5
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATIONS
Request by Mayor Lozano for discussion and consideration:
• Mayor Lozano would like discussion and direction to postpone appointment of an
Interim Police Chief due to budget constraints and the current projected deficit.
Request by Councilmember Rubio for discussion:
• Councilmember Rubio would like discussion and direction to approve a resolution
appointing Councilmember Cruz Baca as the primary representative for the San Gabriel
Valley Council of Governments.
ADJOURNMENT
CERTIFICATION
I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify that, under penalty of
perjury under the laws of the State of California, the foregoing agenda was posted on the City
Hall bulletin board not less than 72 hours prior to the meeting. Dated this 11th day of May,
2017.
Alejandra Avila
City Clerk
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for
public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of
Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011
ext. 466 or via e-mail at aavila(Er baldwinpark.com.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please
contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will
enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II)
City Council Agenda
Page 6
ITEM NO.
+-STAFF REPORT
TO: Honorable Mayor and City Cunilts
it T FROM: Rose Tam, Director of Finance��
" SA A6[."L , DATE: May 17, 2017 "
SUBJECT: WARRANTS AND DEMANDS.
?AD
SUMMARY
Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council.
FISCAL IMPACT
The payroll for the last period was $399,005:06 and the attached General Warrants Register were $865,873.09
for a total amount of $1,264,878.15.
LEGAL REVIEW
None required.
RECOMMENDATION
Staff recommends that the City Council ratify the attached Warrants and Demands Register.
BACKGROUND
The attached Claims and Demands report format meets the required information as set out in the California
Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and
for the authorization from the department head or its designee. Pursuant to Section 37208 of the California
Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the
demands hereinafter referred.--Payments-rel-eased since the previous City Council meeting and -the-following is a
summary of the payment released:
1. The payroll of the City of Baldwin Park consist of check numbers 198638 to 198663. Additionally,
Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from
control number 255354 to 255621 for the period of April 09, 2017 through April 22, 2017, inclusive;
these are presented and hereby ratified in the amount of $399,005.06.
2. General Warrants, including check numbers 214803 to 214934, in the total amount of $865,873.09
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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ITEM NO. I
STAFF
REPORT 1J1` -x y,rf� ,
TO: Honorable Mayor and City Councilmembers
FROM: Rose Tam, Director of Finance
„o Jig DATE: May 17, 2017.,
SUBJECT: TREASURER'S REPORT —MARCH 2017
SUMMARY
Attached is the Treasurer's Report for the month of March 2017. 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
LEGAL REVIEW
None required.
RECOMMENDATION
Staff recommends that Council receive and file the Treasurer's Report for March 2017.
BACKGROUND
The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City
Council on a monthly basis.
INVESTMENT
DESCRIPTION
State of California Local
Agency Investment Fund
City
Housing Authority
Certificate of Deposit...,,
Capital One Bank USA NATL ASSN
Wells Fargo Bank NA SIOUX Falls
JP Morgan Chase Bank NA Columbus
Ally Bank Midvale CTF DEP ACT/366
CITY OF BALDWIN PARK
TREASURER'S REPORT
3/31/2017
INTEREST
PURCHASE
MATURITY
PAR
CURRENT
BOOK
MARKET
21,645,338.51
RATE
DATE
_ DATE
VALUE
PRINCIPAL. .....
VALUE
VALUE
0.82%
Varies
Varies $
15,292,840.62
$ 15,292,840.82 $
15,292,840.82
$ 15,292,840.82
0.82%
Varies
Varies
13,171.30
13,171.30
13,171.30
13,171.30
15,306,012.12
15,306,012.12 _
15,306,012.12
15,306,012.12
1.15%
9114/2016
9/14/2018
245,000.00
245,000.00
245,000.00
243,583.90
1.15%
9/1412016
9/14/2018
245,000.00
245,000.00
245,000.00
243,623.10
1.15%
911612016
911612018
245,000.00
245,000.00
245,000.00
243,610.85
1.15%
911712016
9117/2018
245,000.00
245,000.00
245,000.00
243,564.30
..
980,000.009
960,000.00
80,000.00
974,382.15
980,000.00
Fiscal Agent Funds - City Varies Varies Varies 2,422,295.54 2,422,295.54
2,422,295.54 2,422,295.54
Fiscal Agent Funds - Successor Agency Varies Varies Varies 2,937,030.85 2,937,030.85
2,937,030.85 2,937,030.85
$ 21,646,338,61 $ 21 645 33851
5,359,326.39 $ 21 639,720.66
Total Investments $
21,645,338.51
Cash
_.
City Checking
5,392,496.22
Money Market Plus
9,029,853.14
City Miscellaneous Cash
45,287.11
Successor Agency
1,240,247.31
Housing Authority
97,773.32
Financing Authority
0.00
Investment Brokerage
4,023.86
Total Cash
15,809,680.96
Total Cash and Investments $
37,455,019.47
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 March 2017 and several deposits/withdrawals 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:
Rose Tam
,.
Director of Finance
STAFFE' PO T
HU off,
THE
" SAN GASRIEL
ALLEY
mx ��
TO:
ITEM NO.
y
%/,�� / 11
Honorable Mayor and City Councilmembers
FROM: Andrea Cutler, Interim Human Resources & Risk Manager p&'
DATE: May 17, 2017
SUBJECT: CLAIM REJECTION
SUMMARY
This report requests the City Council reject the Claims for Damages to person or property received for filing
against the City of Baldwin Park.
FISCAL IMPACT
Fiscal impact is unknown at this time.
RECOMMENDATION
Staff recommends that City Council reject the following claim and direct staff to send the appropriate notice of
rejection to claimant(s):
Rodriguez Samuel Jr., Rodriguez Samuel Sr., Rodriguez Claimants allege that the intersection of Baldwin Park Blvd.
Elia, Rodriguez Jennifer, Rodriguez Magali and Monterey Ave. poses a dangerous condition.
Springer, Victoria Claimant alleges the city has an agreement with Foothill
transit to provide regional transit services for the city. The
claimant was a passenger on a Foothill Transit bus where she
claims to have been injured.
Vargas, Michael Anthony Claimant alleges the police department illegally towed and
impounded his vehicle.
This government claim, and all government claims, should be considered as potential lawsuits in the future.
Thus, it is requested that all City Staff, the Mayor and all Councilmembers refrain from making any statements,
whether public or private in nature. It is important that no statements be made so as to not prejudice this claim
in any way which can happen if public or private comments are made about this claim by City staff or
Councilmembers.
BACKGROUND
In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to
reject the claims by order of motion and that the claimants are sent written notification of said action.
LEGAL REVIEW
Any specific questions should be referred to the City Attorney.
ALTERNATIVES
There are no other alternatives for the Council to consider since rejection of the claims is necessary for the
Statute of Limitations to begin on the claims received.
MINUTES ITEM NO. .... .............A_
BALDWIN PARK HOUSING AUTHORITY
APRIL 19, 2017, 7:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
CALL TO ORDER
The meeting was called to order by Mayor Pro Tem Rubio at 8:25 p.m.
ROLL CALL
Board Members present:
Council Member Cruz Baca
Council Member Ricardo Pacheco
Mayor Pro Tem Susan Rubio
ABSENT:
Council Member Monica Garcia
Mayor Manuel Lozano
PUBLIC COMMUNICATIONS
Mayor Pro Tem Rubio opened Public Communications at 8:25 p.m. and seeing no one
wishing to speak, Public Communications closed at 8:25 p.m.
CONSENT CALENDAR
1. TREASURER'S REPORT: FEBRUARY 2017
Staff recommends that the City Council receive and file the Treasurer's Report.
A motion was made by Rubio, seconded by Pacheco, and carried (3 — 0 —
2; Garcia and Lozano absent) to receive and file the February 2017
Treasurer's Report.
AYES: Baca, Pacheco, Rubio
NOES: None
ABSENT: Garcia, Lozano
ABSTAIN: None
ADJOURNMENT
There being no other business to discuss, and all other matters having been addressed,
a motion was made by Rubio, seconded by Pacheco, to adjourn the meeting at 8:25
p. M.
Mayor
ATTEST:
City Clerk
APPROVED:
MINUTES
BALDWIN PARK FINANCE AUTHORITY
APRIL 19, 2017, 7:00 P.M.
COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706
CALL TO ORDER
The meeting was called to order by Mayor Pro Tem Rubio at 8:25 p.m.
ROLL CALL
Board Memb rs resent:
Council Member Cruz Baca
Council Member Ricardo Pacheco
Mayor Pro Tem Susan Rubio
ABSENT:
Council Member Monica Garcia
Mayor Manuel Lozano
PUBLIC COMMUNICATIONS
Mayor Pro Tem Rubio opened Public Communications at 8:25 p.m. and seeing no one
wishing to speak, Public Communications closed at 8:25 p.m.
CONSENT CALENDAR
1. TREASURER'S REPORT: FEBRUARY 2017
Staff recommends that the City Council receive and file the Treasurer's Report.
A motion was made by Lozano, seconded by Garcia, and carried (3 — 0 —
2; Garcia and Lozano absent) to receive and file the February 2017
Treasurer's Report.
AYES: Baca, Pacheco, Rubio
NOES: None.
ABSENT: Garcia, Lozano.
ABSTAIN: None.
ADJOURNMENT
There being no other business to discuss, and all other matters having been addressed,
a motion was made by Rubio, seconded by Pacheco, to adjourn the meeting at 8:25
p.m.
Mayor
ATTEST:
City Clerk
APPROVED:
MINUTES
BALDWIN PARK CITY COUNCIL STUDY SESSION
AND SPECIAL MEETING
APRIL 19, 2017, 6:00 P.M.
COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706
CALL TO ORDER
The meeting was called to order at 6:03 p.m. by Mayor Lozano..
ROLL CALL
PRESENT:
Council Member Cruz Baca
Council Member Monica Garcia
Council Member Ricardo Pacheco
Mayor Pro Tem Susan Rubio
Mayor Manuel Lozano
A motion was made by Lozano, seconded by Pacheco, and carried (5 – 0) to recess to
Closed Session immediately following Public Communications and reconvene to Open
Session immediately after Closed Session.
PUBLIC COMMUNICATIONS
Mayor Lozano opened Public Communications at 6:03 p.m..
Louis Mateo, New Beginnings Community Ministry, spoke of the ministry's work in the
community and suggested a partnership between the ministry, the City and the Police
Department to assist in helping at -risk youth and neighborhoods.
Seeing no others wishing to speak, Public Communications closed at 6:07 p.m.
OPEN SESSION
1. CITY POLICY
City Policy Study Session by City Attorney Robert Tafoya
RECESS TO CLOSED SESSION
2. PUBLIC EMPLOYEE APPOINTMENT (GC §54957):
Community Development Director
Public Works Director
3. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9°
Case Name: Hadsell v. City of Baldwin Park Case No. BC548602
Case Name: Tuttle v. City of Baldwin Park, et al Case No. 16-09167CAS
Special Meeting of 4/19/17 Page 1 of 2
4. THREAT TO PUBLIC SAFETY OR FACILITIES
Pursuant to Government Code §54957(a)
Security briefing by Chief of Police
5. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government
Code Section 54956.9:
Potential Case(s): Two (2)
6. PUBLIC EMPLOYEE DISMISSAL/RELEASE (GC §54957)
Title: Chief of Police
7. PUBLIC EMPLOYEE APPOINTMENT (GC §54957):
Title: Chief of Police
RECONVENE IN OPEN SESSION
ADJOURNMENT
There being no further business, motion was made by Lozano, seconded by Pacheco, to
adjourn the meeting at 7:09 p.m.
REPORT ON CLOSED SESSION*
Mayor Lozano reported out of Closed Session that Council voted (3 — 2; Garcia and Lozano
voted No) for the termination of David Salcedo as Chief of Police.
Mayor Lozano also stated that reports of discrimination within the department may be referred
to the Attorney General for investigation.
Mayor
ATTEST:
City Clerk
APPROVED:
Special Meeting of 4/19/17 Page 2 of 2
MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
APRIL 19, 2017, 7:00 P.M.
COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706
These minutes are presented in Agenda order. Various announcements or discussions may
have occurred before or after the title under which they are presented.
CALL TO ORDER
The meeting was called to order by Mayor Pro Tem Rubio at 7:15 p.m.
INVOCATION
The invocation was provided by Pastor Jackson.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pro Tem Rubio,
ROLL CALL
MEMBERS PRESENT:
Council Member Cruz Baca
Council Member Ricardo Pacheco
Mayor Pro Tem Susan Rubio
ABSENT:
Council Member Monica Garcia (left the meeting at 7:18 p.m.)
Mayor Manuel Lozano (left the meeting at 7:17 p.m.)
REPORT ON CLOSED SESSION
Mayor Lozano reported out of Closed Session that Council voted (3 — 2; Garcia and Lozano
voted No) for the termination of David Salcedo as Chief of Police.
ANNOUNCEMENTS
Mayor Lozano expressed his disappointment at the decision to terminate David Salcedo. He
noted that this is the second Latino that was terminated without cause and that he had been
informed by several officers that there are allegations of discrimination in the department with
regards to promotions. He also stated that he may be seeking assistance from the State
Attorney General's Office to conduct an investigation.
Council member Garcia also expressed her disappointment at the decision. She opined that
Mr. Salcedo took on the new role admirably. She stated that she was also informed of
allegations of discrimination in promotion of officers. She pointed out that she has been
approached by citizens in the community that expressed admiration for the new chief and his
proactive involvement in the community.
Mayor Lozano then announced that he is leaving the Council meeting in protest of the decision
to terminate David Salcedo. The Mayor left the dais at 7:12 p.m.
Council member Garcia also stated that she is also leaving the Council meeting in protest of the
decision to terminate David Salcedo. Council member Garcia left the dais at 7:13 p.m.
Mayor Pro Tem Rubio commented in response to the statements made by Mayor Lozano and
Council member Garcia; noted that there have been ten Caucasian police chiefs that have been
terminated in the past; noted that scoring for selection of the police chief was shared closed
session but only represented scoring for one of two interview panels; stated that she was
approached by another member of Council and was urged to vote in a particular manner to
avoid repercussions.
Council member Baca announced that two Baldwin Park students have won a History Day
competition and will be going on to complete at a state level.
PROCLAMATIONS COMMENDATIONS & PRESENTATIONS
• Presentation by Phil Hawkey, San Gabriel Valley Council of Governments with a
Governing Board Status Report
Phil Hawkey, Executive Director of the San Gabriel Valley Council of Governments,
narrated a PowerPoint presentation and highlighted the accomplishments of the
Council of Governments and Baldwin Park's contribution to those accomplishments.
• Presentation of Proclamation in recognition of National Arbor Day
Council member Baca presented a Proclamation to recognize April 28, 2017, as
National Arbor Day.
Mayor Pro Tem Rubio presented a Certificate of Recognition to Federico Viscata
Carrillo for his accomplishments as a three -time Judo Olympian and the most decorated
Judo champion in Mexico.
PUBLIC COMMUNICATIONS'
Mayor Lozano opened Public Communications at 7:35 p.m. and noted that each speaker is
permitted a total of three (3) minutes to speak.
Mark Schenden, Baldwin Park resident, expressed great disappointment at the dismissal of Mr.
Salcedo; opined that he was not given a chance to prove himself; asked the reason for the
termination.
Arturo Luna, Baldwin Park resident, commented on a recent article in the San Gabriel Tribune
regarding attorney bills; opined that the funds spent on law suits is unwise use of City funds;
inquired where all the money that is being spent is coming from; opined that code enforcement
is ineffective.
J�:Lugn Eio, Baldwin Park resident, opined that Code Enforcement is doing an admirable job and
is generating revenue; noted that the Police Department is the right place for the program;
opined that the allegations of racism by members of Council is unfounded.
gree Tuttle, Baldwin Park business owner, stated that the current contract for the July 4th event
is costing as much as it did last year when the contract was done last minute; commented on
the Resolution pertaining to the annexation into the San Gabriel Valley Mosquito and Vector
Control District; inquired about expenditures made from the Business Improvement District fund;
pointed out that business owners should be a part of the governing body.
Regular Meeting of 4/19/17 Page 2 of 10
Mr, &bel, Baldwin Park business owner, asked why his business is being cited; opined that his
business generates income for the city and there have never been problems before.
Hector, Baldwin Park resident, opined that there is a great deal of mistrust of law enforcement in
the city; expressed disappointment at the dismissal of Mr. Salcedo; pointed out that Mr. Salcedo
has been doing community outreach and makes citizens feel safe; asked that Council
reconsider Mr. Salcedo.
Seeing no others wishing to speak, Public Communications closed at 8:16 p.m.
CONSENT CALENDAR
Council pulled Item Nos. 7 and 11 from Consent Calendar for further discussion..
1, WARRANTS AND DEMANDS
Staff recommends City Council ratify the attached Warrants and Demands Register.
A motion was made by Pacheco, seconded by Baca, and carried (3 — 0 — 2;
Garcia and Lozano absent) to ratify the Warrants and Demands Register.
AYES: Baca, Pacheco, Rubio
NOES: None
ABSENT: Garcia, Lozano
ABSTAIN: None
2. TREASURER'S REPORT — FEBRUARY 2017
Staff recommends that Council receive and file the Treasurer's Report for the month of
February 2017.
A motion was made by Pacheco, seconded by Baca, and carried (3 — 0 — 2;
Garcia and Lozano absent) to receive and file the minutes.
AYES:
Baca, Pacheco, Rubio
NOES:
None
ABSENT:
Garcia, Lozano
ABSTAIN:
None
3. APPROVAL OF MEETING MINUTES
Receive and file:
A. Meeting Minutes of the Regular City Council Meeting held on November 2, 2016.
B. Meeting Minutes of the Special and Regular Meetings of the City Council held on
November 16, 2016.
C. Meeting Minutes of the Special Meeting of the City Council held on December 7,
2016.
A motion was made by Pacheco, seconded by Baca, and carried (3 — 0 — 2;
Garcia and Lozano absent) to receive and file the minutes.
AYES:
NOES:
ABSENT:
ABSTAIN
Baca, Pacheco, Rubio
None
Garcia, Lozano
None
Regular Meeting of 4/19/17 Page 3 of 10
4. AUTHORIZATION TO ENTER INTO A LEASE AGREEMENT FOR NEW POSTAGE,
FOLDING/INSERTER MACHINES
Staff recommends that Council approve entering into a 60 -month Lease Agreement with
MailFinance, Inc. (a Neopost USA Company).
A motion was made by Pacheco, seconded by Baca, and carried (3 — 0 — 2;
Garcia and Lozano absent) to approve entering into a 60 -month Lease
Agreement with MailFinance, Inc. (a Neopost USA Company).
AYES:
Baca, Pacheco, Rubio
NOES:
None
ABSENT:
Garcia, Lozano
ABSTAIN:
None
5. ADOPTION OF RESOLUTION NO. 2017-179 APPROVING THE APPLICATION FOR
GRANT FUNDS FROM THE CALIFONIA CLIMATE INVESTMENTS URBAN
GREENING PROGRAM
Staff recommends that Council:
1) Authorize the Director of Recreation and Community Services to submit a grant
application to the State of California Climate Investments Urban Greening Program
Grant; and
2) Waive further reading, read by title only and adopt Resolution No. 2017-179 entitled,
"A Resolution of the City of Baldwin Park Approving the Application for Grant Funds
from California Climate Investments Urban Greening Program."
A motion was made by Pacheco, seconded by Baca, and carried (3 — 0 — 2;
Garcia and Lozano absent) to:
1) Authorize the Director of Recreation and Community Services to submit a
grant application to the State of California Climate Investments Urban
Greening Program Grant; and
2) Waive further reading, read by title only and adopt Resolution No. 2017-179
entitled, "A Resolution of the City of Baldwin Park Approving the Application
for Grant Funds from California Climate Investments Urban Greening
Program."
AYES:
Baca, Pacheco, Rubio
NOES:
None
ABSENT:
Garcia, Lozano
ABSTAIN:
None
6. AWARD OF CONTRACT FOR 4TH OF JULY PYROTECNIC SHOW WITH PYRO
SPECTACULARS, INC.
Staff recommends that Council approve the contract with Pyro Spectacular, Inc., for
professional pyrotechnical services and authorize the Director of Recreation and
Community Services to execute the agreement with Pyro Spectaculars, Inc.
A motion was made by Pacheco, seconded by Baca, and carried (3 — 0 — 2;
Garcia and Lozano absent) to approve the contract with Pyro Spectacular, Inc.,
for professional pyrotechnical services and authorize the Director of Recreation
and Community Services to execute the agreement with Pyro Spectaculars, Inc.
Regular Meeting of 4/19/17 Page 4 of 10
AYES: Baca, Pacheco, Rubio
NOES: None
ABSENT: Garcia, Lozano
ABSTAIN: None
7. RATIFY THE CONTRACT AMENDMENT WITH SOUTHLAND TRANSIT, INC.
Staff recommends that Council ratify the contract Amendment with Southland Transit,
Inc., and authorize the Mayor to execute the amendment.
A motion was made by Pacheco, seconded by Baca, and carried (3 — 0 — 2;
Garcia and Lozano absent) to ratify the contract Amendment with Southland
Transit, Inc., and authorize the Mayor to execute the amendment.
AYES: Baca, Pacheco, Rubio
NOES: None
ABSENT: Garcia, Lozano
ABSTAIN: None
8. PURCHASE OF SPILLMAN COMPSTAT MANAGEMENT DASHBOARD MODULE
AND SPILLMAN ANALYTICS MODULE
Staff recommends that Council approve to:
1. Waive the formal bidding process pursuant to §34.23(6) of the Baldwin Park
Municipal Code "when the supplies and equipment needed can be obtained from
one source only."
2. Direct Finance staff to take the necessary action and make a budget appropriation of
approximately $69,561 from Federal Asset Forfeiture fund (205-30-370-58110-
00000-2) toward the purchase of the Spillman CompState Management Productivity
Dashboard Module and Spillman Analytics/CrimeMonitor Module.
3. Authorize the Chief of Police, or his designee, to make the above purchase through
the procedures outlined above.
A motion was made by Pacheco, seconded by Baca, and carried (3 — 0 — 2;
Garcia and Lozano absent) to:
1. Waive the formal bidding process pursuant to §34.23(B) of the Baldwin Park
Municipal Code "when the supplies and equipment needed can be obtained
from one source only."
2. Direct Finance staff to take the necessary action and make a budget
appropriation of approximately $69,561 from Federal Asset Forfeiture fund
(205-30-370-58110-00000-2) toward the purchase of the Spillman
CompState Management Productivity Dashboard Module and Spillman
Ana lytics/CrimeMonitor Module.
3. Authorize the Chief of Police, or his designee, to make the above purchase
through the procedures outlined above.
AYES:
NOES:
ABSENT:
ABSTAIN
Baca, Pacheco, Rubio
None
Garcia, Lozano
None
Regular Meeting of 4/19/17 Page 5 of 10
9. AUTHORIZATION FOR A ONE YEAR CONTRACT EXTENSION TO COMPUTER
SERVICES COMPANY (CSC) FOR TRAFFIC SIGNAL AND STREET LIGHTING
MAINTENANCE AND REQUEST FOR ADDITIONAL FUNDS DUE TO UNFORESEEN
DAMAGE TO CITY STREET LIGHT POLES AND TRAFFIC SIGNAL CONTROLLERS
Staff recommends that Council:
1. Authorize the Mayor to execute the contract Amendment No. 1 to extend the existing
contract with Computer Services Company (CSC) for a period of one year; and
2. Authorize the Director of Finance to appropriate additional funds for RY 2017 to
cover the increase in unforeseen costs; and
3. Authorize the Director of Finance to make necessary budget adjustments to allow
payments as approved for FY 2017.
A motion was made by Pacheco, seconded by Baca, and carried (3 — 0 — 2;
Garcia and Lozano absent) to:
1. Authorize the Mayor to execute the contract Amendment No. 1 to extend the
existing contract with Computer Services Company (CSC) for a period of one
year; and
2. Authorize the Director of Finance to appropriate additional funds for RY 2017
to cover the increase in unforeseen costs; and
3. Authorize the Director of Finance to make necessary budget adjustments to
allow payments as approved for FY 2017.
AYES: Baca, Pacheco, Rubio
NOES: None
ABSENT: Garcia, Lozano
ABSTAIN: None
10. RESOLUTION 2017-181 AUTHORIZING THE DIRECTOR OF PUBIC WORKS TO
EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. P61 TO ADMINISTERING
AGENCY -STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 00378S FOR
MAINE AVENUE COMPLETE STREETS PROJECT
Staff recommends that Council waive further reading, read by title only, and adopt
Resolution No. 2017-181, entitled "A Resolution of the City Council of the City of Baldwin
Park, California, Authorizing the Director of Public Works to Execute the Program
Supplement Agreement No. P61 to Administering Agency -State Agreement for State
Funded Projects No. 00378S."
A motion was made by Pacheco, seconded by Baca, and carried (3 — 0 — 2;
Garcia and Lozano absent) to approve and adopt Resolution No. 2017-181,
entitled "A Resolution of the City Council of the City of Baldwin Park, California,
Authorizing the Director of Public Works to Execute the Program Supplement
Agreement No. P61 to Administering Agency -State Agreement for State Funded
Projects No. 00378S."
AYES:
NOES:
ABSENT:
ABSTAIN
Baca, Pacheco, Rubio
None
Garcia, Lozano
None
Regular Meeting of 4/19/17 Page 6 of 10
11. APPROVE A RESOLUTION FOR THE JOINT TAX TRANSFER FOR ANNEXATION
INTO THE SAN GABRIEL VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT
Staff recommends that Council approve Resolution No. 2017-182, entitled "A Joint
Resolution of the Board of Supervisors of the County of Los Angeles and the Governing
Bodies of the San Gabriel Valley Mosquito and Vector Control District and City of
Baldwin Park, Approving and Accepting the Negotiated Exchange of Property Tax
Revenue Resulting from Annexation No. 2016-32 to the San Gabriel Valley Mosquito
and Vector Control District."
A motion was made by Pacheco, seconded by Baca, and carried (3 — 0 — 2;
Garcia and Lozano absent) to approve and adopt Resolution No. 2017-182,
entitled "A Joint Resolution of the Board of Supervisors of the County of Los
Angeles and the Governing Bodies of the San Gabriel Valley Mosquito and
Vector Control District and City of Baldwin Park, Approving and Accepting the
Negotiated Exchange of Property Tax Revenue Resulting from Annexation No.
2016-32 to the San Gabriel Valley Mosquito and Vector Control District."
AYES:
Baca, Pacheco, Rubio
NOES:
None
ABSENT:
Garcia, Lozano
ABSTAIN:
None
12. APPROVE AND ADOPT A RESOLUTION SUPPORTING "WOMEN AND GIRLS IN
SCIENCE, TECHNOLOGY, ENGINEERING AND MATHEMATICS (STEM)" WEEK
Staff recommends that Council approve and adopt Resolution No. 2017-185, entitled "A
Resolution of the City Council of the City of Baldwin Park supporting April 2, 2017
through April 8, 2017, as "Women and Girls in Science, Technology, Engineering and
Mathematics (STEM)" Week.
A motion was made by Pacheco, seconded by Baca, and carried (3 — 0 — 2;
Garcia and Lozano absent) to approve and adopt Resolution No. 2017-185,
entitled "A Resolution of the City Council of the City of Baldwin Park supporting
April 2, 2017 through April 8, 2017, as "Women and Girls in Science,
Technology, Engineering and Mathematics (STEM)" Week.
AYES:
Baca, Pacheco, Rubio
NOES:
None
ABSENT:
Garcia, Lozano
ABSTAIN:
None
PUBLIC HEARING
13. A REQUEST FOR CONSIDERATION OF A MUNICIPAL (ZONING) CODE
AMENDMENT THAT WOULD MODIFY SECTION 153.170.105(H) ELIMINATING
LANGUAGE TO ALLOW ALL NEW BILLBOARDS TO BE NO TALLER THAN 65
FEET IN HEIGHT REGARDLESS OF PROXIMITY TO A SOUND WALL AND A
DEVELOPMENT AGREEMENT TO ALLOW THE INSTALLATION OF ONE DOUBLE-
FACED DIGITAL BILLBOARD (LOCATION: 1919 PUENTE AVENUE; APPLICANT:
BECKER BOARDS SMALL, LLC; CASE NUMBERS: AZC-185 AND DA 16-01).
Staff and the Planning Commission recommends that Council open the public hearing
and, following the public hearing:
1. Adopt Resolution No. 2017-180, entitled "A Resolution Of The City Council Of The
City Of Baldwin Park Recommending That The City Council Approve And Adopt (1)
The Mitigated Negative Declaration Of Environmental Impact (2) An Amendment To
The City's Municipal Code Relating To Development Standards For Billboard Uses;
Regular Meeting of 4/19/17 Page 7 of 10
And (3) A Development Agreement For The Construction Of A New Digital Billboard
(1919 Puente Ave); (Locations: Citywide And 1919 Puente Ave.; APN: 8558-033-
005; Applicant: Becker Boards Small, LLC; Case Numbers: AZC-185 And DA 16-
01);" and
2. Introduce for first reading, by title only and waive further reading, Ordinance 1398,
entitled, "An Ordinance Of City Council Of The City Of Baldwin Park Amending
Section 153.170.105(H) To The Baldwin Park Municipal Code Relating To
Billboards;" and
3. Introduce for first reading, by title only and waive further reading, Ordinance 1399,
entitled, "An Ordinance Of The City Council Of The City Of Baldwin Park Authorizing
The City Of Baldwin Park To Enter Into A Development Agreement With Becker
Boards Small, LLC For The Approval Of A New Digital Billboard Structure At The
Real Property Located At 1919 Puente Avenue Along The 1-10 Freeway Within The
City Of Baldwin Park."
Mayor Pro Tem Rubio opened the public hearing at 8:14 p.m. and invited those wishing
to speak in support of the item to come forward and be heard.
Joseph Whit , Becker Boards, thanked Council for their consideration.
Seeing no others wishing to speak, Mayor Pro Tem Rubio invited those wishing to speak
in opposition to the item to come forward and be heard.
Seeing no one come forward to speak in opposition, Mayor Pro Tem Rubio closed the
public hearing at 8:15 p.m.
A motion was made by Rubio, seconded by Baca, and carried (3 — 0 — 2; Garcia
and Lozano absent) to:
Adopt Resolution No. 2017-180, entitled "A Resolution Of The City Council Of
The City Of Baldwin Park Recommending That The City Council Approve
And Adopt (1) The Mitigated Negative Declaration Of Environmental Impact
(2) An Amendment To The City's Municipal Code Relating To Development
Standards For Billboard Uses; And (3) A Development Agreement For The
Construction Of A New Digital Billboard (1919 Puente Ave); (Locations:
Citywide And 1919 Puente Ave.; APN: 8558-033-005; Applicant: Becker
Boards Small, LLC; Case Numbers: AZC-185 And DA 16-01);" and
2. Introduce for first reading, by title only and waive further reading, Ordinance
1398, entitled, "An Ordinance Of City Council Of The City Of Baldwin Park
Amending Section 153.170.105(H) To The Baldwin Park Municipal Code
Relating To Billboards;" and
Introduce for first reading, by title only and waive further reading, Ordinance
1399, entitled, "An Ordinance Of The City Council Of The City Of Baldwin
Park Authorizing The City Of Baldwin Park To Enter Into A Development
Agreement With Becker Boards Small, LLC For The Approval Of A New
Digital Billboard Structure At The Real Property Located At 1919 Puente
Avenue Along The 1-10 Freeway Within The City Of Baldwin Park."
AYES: Baca, Pacheco, Rubio
NOES: None
Regular Meeting of 4/19/17
Page 8 of 10
ABSENT: Garcia, Lozano
ABSTAIN: None
14. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
CONFIRMING THE ADVISORY COMMITTEE'S REPORT AND LEVYING THE
ASSESSMENT IN THE BALDWIN PARK CITYWIDE ASSESSMENT DISTRICT FOR
FISCAL YEAR 2017-18
Staff recommends Council open the public hearing and, following the public hearing,
approve the FY 2017-18 BIT Allocation Budget and approve Resolution No.2017-184,
entitled "A Resolution of the City Council of the City of Baldwin Park, Confirming the
Advisory Committee's Report and Levying the Assessment in the Baldwin Park Citywide
Business Improvement District for Fiscal Year 2017-2018."
Mayor Pro Tem Rubio opened the public hearing at 8:17 p.m. and invited those wishing
to speak in support of the item to come forward and be heard.
Seeing no one wishing to speak, Mayor Pro Tem Rubio invited those wishing to speak in
opposition to the item to come forward and be heard.
G`rer Tuttle, Baldwin Park business owner, expressed objection to the assessment
alleging that the only expenditures from the fund that have proven to be any benefit to
local businesses has been the street market; implied that the money is used for events
that have no impact on business development.
Seeing no others wishing to speak, Mayor Pro Tem Rubio closed the public hearing at
8:21 p.m.
A motion was made by Rubio, seconded by Baca, and carried (3 — 0 — 2; Garcia
and Lozano absent) to bring this item back at the next Regular Council Meeting
on the date certain of May 3, 2017, for further consideration by Council.
AYES:
Baca, Pacheco, Rubio
NOES:
None
ABSENT:
Garcia, Lozano
ABSTAIN:
None
REPORTS OF OFFICERS
15. DIRECTION AND APPROVAL OF THE DESIGN FOR THE BALDWIN PARK TRANSIT
BUS WRAPS AND SELECTION OF THE BALDWIN PARK COMMUTER
CONNECTOR EXPRESS LINE TRANSIT BUS MODEL
Staff recommends that Council:
1. Select and approve a bus wrap design for the Baldwin Park Transit Buses; and
2. Select and approve a transit bus model for the Baldwin Park Commuter Connector
Express Line.
A motion was made by Rubio, seconded by Baca, and carried (3 — 0 — 2; Garcia
and Lozano absent) to bring this item back at the next Regular Council Meeting.
AYES:
NOES:
ABSENT:
ABSTAIN
Baca, Pacheco, Rubio
None
Garcia, Lozano
None
Regular Meeting of 4/19/17 Page 9 of 10
16. FOURTH OF JULY SAFETY ENHANCEMENT STRATEGY
Staff recommends that council receive and file the Fourth of July Safety Enhancement
Report.
A motion was made by Rubio, seconded by Baca, and carried (3 — 0 — 2; Garcia
and Lozano absent) to bring this item back at the next Regular Council Meeting.
AYES: Baca, Pacheco, Rubio
NOES: None
ABSENT: Garcia, Lozano
ABSTAIN: None
17. JANUARY 2017 AND FEBRUARY 2017 CRIME STATISTICS
Staff recommends that Council receive and file the report.
A motion was made by Rubio, seconded by Baca, and carried (3 — 0 — 2; Garcia
and Lozano absent) to bring this item back at the next Regular Council Meeting.
AYES: Baca, Pacheco, Rubio
NOES: None
ABSENT: Garcia, Lozano
ABSTAIN: None
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATIONS
ADJOURNMENT
There being no other business to discuss, and all other matters having been addressed, a
motion was made by Rubio, seconded by Pacheco, to adjourn the meeting at 8:25 p.m.
Mayor
ATTEST:
Manuel Lozano, Mayor
Alejandra Avila, City Clerk
APPROVED:
Regular Meeting of 4/19/17 Page 10 of 10
MINUTES ITEM NO.
BALDWIN PARK CITY COUNCIL STUDY SESSION
AND SPECIAL MEETING
MAY 3, 2016, 6:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
CALL TO ORDER
The meeting was called to order at 6:11 p.m. by Mayor Lozano.
ROLL CALL
PRESENT:
Council Member Cruz Baca
Council Member Monica Garcia
Council Member Ricardo Pacheco
Mayor Pro Tem Susan Rubio
Mayor Manuel Lozano
PUBLIC COMMUNICATIONS
Mayor Lozano opened Public Communications at 6:12 p.m.
Greg Tuttle, Baldwin Park business owner, expressed disappointment at the behavior of council
members at the April 19 Special Meeting; opined that conduct was unprofessional and
embarrassing.
Arturo Baldwin Park resident, opining that Council should be working for all citizens and
suggested resignation of council members; pointed out that there are no state or federal flag in
the meeting room.
Seeing no one wishing to speak, Public Communications closed at 6:19 p.m.
OPEN SESSION
None.
RECESS TO CLOSED SESSION
1. PUBLIC EMPLOYEE APPOINTMENT (GC §54957):
Chief of Police
2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9:
Case Name: Hadsell v. City of Baldwin Park Case No. BC548602
Case Name: Tuttle v. City of Baldwin Park Case No. 16-09167CAS
Special Meeting of 5/3/17 Page 1 of 2
3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant Exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government
Code Section 54956.9:
Potential Case(s): Two (2)
ADJOURNMENT
There being no further business, motion was made by Garcia, seconded by Lozano, to adjourn
the meeting at 7:15 p.m.
REPORT ON CLOSED SESSION*
Mayor Lozano reported out of Closed Session that, by a vote 3 — 2 (Lozano and Garcia voting
no), Council approved the appointment of Michael Taylor to serve as the Interim Police Chief for
the City of Baldwin Park.
Mayor
ATTEST:
City Clerk
APPROVED:
Special Meeting of 5/3/17 Page 2 of 2
MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
MAY 3, 2017, 7:00 P.M.
COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706
These minutes are presented in Agenda order. Various announcements or discussions may
have occurred before or after the title under which they are presented.
CALL TO ORDER
The meeting was called to order by Mayor Lozano at 7:16 p.m.
INVOCATION
The invocation was provided by Pastor Jackson and Pastor Flores,
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Lozano.
ROLL CALL
MEMBERS PRESENT:
Council Member Cruz Baca
Council Member Monica Garcia
Council Member Ricardo Pacheco
Mayor Pro Tem Susan Rubio
Mayor Manuel Lozano
REPORT ON CLOSED SESSION
Mayor Lozano reported out of Closed Session that, by a vote 3 — 2 (Lozano and Garcia voting
no), Council approved the appointment of Michael Taylor to serve as the Interim Police Chief for
the City of Baldwin Park.
ANNOUNCEMENTS
Mayor Lozano offered condolences and asked that the meeting be closed in memory of Francis
Ayala, a long-time resident of Colton, California, aunt to Baldwin Park resident Jean Ayala.
PROCLAMATIONS COMMENDATIONS & PRESENTATIONS
Presentation of a Proclamation recognizing May as National Poppy Month
Council member Pacheco presented the Proclamation recognizing May 2017 as National
Poppy Month.
Presentation of a Certificate of Recognition to Teresa "Powder" Pouliot for her selection by the
American Legion Unit 241 to reign as "Miss Poppy 2017"
Council member Pacheco introduced Teresa "Powder" Pouliot, "Miss Poppy 2017," and
presented her with a Certificate of Recognition.
Presentation of a Certificate in Recognition of Mai Morris for her selection as "Teacher of the
Year" at the Baldwin Park Adult and Community School
Mayor Lozano introduced Ms. Mai Morris, commended her for her work as an educator and
presented her with a Certificate of Recognition.
Veronica Lopez, representing the office of Assembly member Blanca Rubio also presented
certificates of recognition to Ms. Morris and thanked her for her dedication.
Presentation of Proclamation recognizing May as "Older Americans Month"
Council member Baca presented the Proclamation recognizing May 2017 as Older
Americans Month.
Presentation of Certificates of Recognition to Rosemarie Linares and Rita Garcia for their being
selected as "Senior of the Year"
Mayor Lozano presented Certificates of Recognition to Ms. Linares and Ms. Garcia, and
commended both for their community service.
Veronica Lopez, representing the office of Assembly member Blanca Rubio also presented
certificates of recognition to Ms. Linares and Ms. Garcia
Presentation of Certificates of Recognition to recipients Josie Rivera, Lorraine O'Brien, Trudy
Garnier, Esperanza "Tits" Tigno and Jocelyn Lopez for their selection as "2017 Women of the
Year - Unsung Heroine" by the Office of Congresswoman Grace Napolitano
Mayor Lozano presented Certificates of Recognition to Ms. Rivera, Ms. O'Brien, Ms.
Garnier, Ms. Tigno and Ms. Lopez, and congratulated them for being selected as "2017
Women of the Year - Unsung Heroine."
Presentation by Ahmad Hindy, Panacea Center, regarding Medical Cannabis and legislative
impact on municipalities
Ahmad Hindy and Anthony Cristos, representing Panacea Center, a management
consulting group in the medical cannabis industry, narrated a PowerPoint presentation and
responded to questions from Council.
PUBLIC COMMUNICATIONS
Mayor Lozano opened Public Communications at 7:51 p.m. and noted that each speaker is
permitted a total of three (3) minutes to speak.
Corin Lopez, representing California Mental Health Connection, commended Jocelyn Lopez,
Woman of the Year recipient; sought support by the community and council for the various
mental health programs offered by California Mental Health Connection.
Ar.N... OZ, field representative for Assembly member Blanca Rubio, announced several upcoming
events sponsored by Assembly member Rubio's office.
Melissa Stet yw, representing the Baldwin Park Police Management Association, expressed
support for the dismissal of David Salcedo from the Police Chief position.
Juan Farreda, representing the National Latino Peace Officers Association Advocacy Group,
expressed objection to the dismissal without cause of David Salcedo; noted that the action was
taken without a performance evaluation nor due process.
Regular Meeting of 5/3/17 Page 2 of 10
Luis Mateos, representing New Beginnings Ministry, voiced objection to the dismissal of David
Salcedo from the Police Chief position, stating that Mr. Salcedo was community oriented;
requested an explanation for the dismissal and suggested reinstatement.
Dario Mario, representing Praise Chapel Christian Fellowship, expressed objection to the
dismissal of David Salcedo; stated that Mr. Salcedo provided resources to assist the homeless;
requested that he be reinstated.
Christina Larios, Baldwin Park Library Manager, announced "Fine Forgiveness" month, noting
that all fines for overdue books would be waived during the month of May.
Concerned citizen voiced objection to the dismissal of David Salcedo and opined that the
community wants an explanation; sought clarification as to why Mike Taylor was being brought
in as the Interim Chief of Police and asked how long "temporary" represents.
Concerned citizen voiced his surprise at the dismissal and expressed his support for David
Salcedo.
Concerned citizen expressed support for David Salcedo and disappointment that he was
dismissed; noted that he had made residents feel safe; commented on rumors as to the reason
for the dismissal.
Jason Adarns, President of Baldwin Park Police Officers Association, expressed hope that
decisions are made in the best interest of the community and expressed support for unity.
Dave Saldania complimented David Salcedo for his community involvement and stated that he
does not understand why Mr. Salcedo was dismissed.
Joe Ahjos voiced objection to the dismissal of David Salcedo, noting that Mr. Salcedo brought
the community together; stated that he wants an investigation done and that he will be seeking
an investigation of council members by congressional leaders.
Arturo Luna commented on the selection of Mike Taylor as Interim Police Chief; suggested that
the July 4 Celebration event be cancelled and the funds be used to enhance police services;
suggested that the Baldwin Park NOW publication be terminated and the funds be used for
other City services.
Juan Rios implied that David Salcedo had been pre -selected for hire as the Police Chief and
cited dirty politics; commented on the behavior of council members as the previous Special
Meeting and expressed support for the selection of Mike Taylor as Interim Police Chief.
Battle:, Baldwin Park business owner, stated that Item No. 10 from Report of Officers was
supposed to be a Public Hearing item; stated that a newspaper article explained why David
Salcedo was dismissed; alleged that Mr. Salcedo was a tyrant and that police officers did not
like him.
Fd Barranq opined that comments previously made about David Salcedo were slanderous;
questions the competency of Council and its decision to appoint and subsequently dismiss Mr.
Salcedo; pointed out that there are few or no Latinos in higher [police] positions despite the
majority of the community is Latino.
Rita Garcia expressed support for the reinstatement of David Salcedo; complained about trucks
doing work in Irwindale using residential streets as a thoroughfare to the job site.
Regular Meeting of 5/3/17 Page 3 of 10
Kevin Rooney spoke against the dismissal of David Salcedo, noting that Mr. Salcedo had
increased community involvement of police officers; opined that the dismissal was not in the
best interest of the community and called for Mr. Salcedo's reinstatement.
Rick Pena opined that David Salcedo's dismissal was a result of his being "nobody's puppet;"
stated that the community supports Mr. Salcedo and suggested a recall of council members.
tl2y Rotas stated that she had seen a great deal of violence growing up in Baldwin Park;
asserted that youth in the community need good role models and recent involvement of police
officers in the community has been beneficial.
tAty Gollumi n spoke in support of David Salcedo, noting that he promoted community
involvement by visiting local businesses; cited him as qualified for the position and as a leader;
sought an explanation for the dismissal and suggested reinstatement.
AlexIT Cicedas asked whether a press release would be prepared and sought an explanation as
to why David Salcedo was dismissed so that he could relay the information back to students at
Mount San Antonio Community College.
Seeing no others wishing to speak, Public Communications closed at 8:44 p.m.
Mayor Lozano recited David Salcedo's biography and qualifications, stated that Mr. Salcedo
did not commit any kind of criminal act but was dismissed without cause; pointed out that
Council majority makes the final decision; apologized for walking out of the [previous]
meeting, noting that he was disturbed by the dismissal and by the decision to appoint to the
Interim Police Chief position a [police chief] that was previously fired; expressed support for
an investigation and suggested that Mr. Salcedo reapply for the position when it is re -
advertised for applicants.
Council member Pacheco adamantly disputed comments made by the Mayor.
Mayor Pro Tem Rubio asked staff to address the issue of trucks going to a job site in
Irwindale using residential streets as short-cuts.
Council member Garcia also expressed concern about trucks in residential areas;
commented on her objection to the dismissal of David Salcedo.
Interim Public Works Director Sam Gutierrez responded to Mayor Pro Tem Rubio's inquiries
and stated that he would be discussing the matter with representatives for the project.
Council member Baca commented on public communications testimony regarding David
Salcedo and asked that members of the audience stay so as to hear both sides of the story.
Council member Garcia noted that she was glad to see the support for David Salcedo and
his connection with members of the community; stated that she would like the [new]
interview panel for the Police Chief position to be made up of representatives from cities of
comparable size and the same issues faced by Baldwin Park.
Council member Baca clarified that she was not one of the members who voted to dismiss
Mike Taylor as Police Chief and did not vote to appoint David Salcedo; asked that everyone
consider both sides of the story.
Regular Meeting of 5/3/17 Page 4 of 10
CONSENT CALENDAR
1. WARRANTS AND DEMANDS
Staff recommends City Council ratify the attached Warrants and Demands Register.
A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to
ratify the Warrants and Demands Register.
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
2. APPROVAL OF MEETING MINUTES
Receive and file:
A. Meeting Minutes of the Regular City Council Meeting held on August 3, 2016.
B. Meeting Minutes of the Housing Authority, Finance Authority, Special and Regular
City Council Meetings held on August 17, 2016.
C. Meeting Minutes of the Special City Council Meetings held on September 7 and
September 21, 2016.
D. Meeting Minutes of the Regular City Council Meeting held on December 7, 2016.
E. Meeting Minutes of the Housing Authority, Finance Authority, Special and Regular
City Council Meetings held on December 21, 2016.
F. Meeting Minutes of the Housing Authority, Finance Authority, Special and Regular
City Council Meetings held on January 18, 2017.
G. Meeting Minutes of the Special City Council Meetings held on January 23 and
January 30, 2017.
H. Meeting Minutes of the Special and Regular City Council Meetings held on February
1, 2017.
I. Meeting Minutes of the Housing Authority, Finance Authority, Special and Regular
City Council Meetings held on February 15, 2017.
J. Meeting Minutes of the Special and Regular City Council Meetings held on March 1,
2017.
K. Meeting Minutes of the Housing Authority, Finance Authority, Special and Regular
City Council Meetings held on March 15, 2017,
L. Meeting Minutes of the Housing Authority Special Meeting, and the Special and
Regular City Council Meetings held on April 5, 2017.
A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to
receive and file the minutes.
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None,
Regular Meeting of 5/3/17 Page 5 of 10
3.. HOUSING ELEMENT PROGRESS REPORT 2016
Staff recommends that Council receive and file the report.
A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to
receive and file the report.
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
4. SECOND READING OF ORDINANCE NO. 1398, A ZONING CODE AMENDMENT TO
SECTION 153.170.105(H) TO THE BALDWIN PARK MUNICIPAL CODE RELATING
TO BILLBOARDS AND SECOND READING OF ORDINANCE NO. 1399, TO
AUTHORIZE THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT
AGREEMENT WITH BECKER BOARDS SMALL, LLC, FOR A NEW DIGITAL
BILLBOARD AT 1919 PUENTE AVENUE
Staff recommends that Council adopt Ordinance No. 1398 and Ordinance No. 1399 on
second reading, read by title only, and waive any further reading thereof.
A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to
approve and adopt Ordinance No. 1398 and Ordinance No. 1399 on second
reading, read by title only, and waive any further reading thereof.
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
5. AUTHORIZE REPLACEMENT OF A POLICE K-9 VEHICLE
Staff recommends that Council approve and:
1) Waive the formal bidding process pursuant to §34.37 of the Baldwin Park
Municipal Code on one vehicle, as existing cooperative purchasing contracts
already exist with other government agencies; and
2) Waive the formal bidding process for the purchase and installation of the
emergency equipment pursuant to §34.23(C); and
3) Authorize the Police Department to purchase the new vehicle and equipment
through existing contracts, joining in the cooperative purchasing contracts, or
through procedures outlined above; and
4) Authorize the Director of Finance to appropriate $48,064.51 from the Federal
Asset Forfeiture Fund to cover the cost of the replacement of the police K-9
vehicle and deposit the $45,038.61 from the insurance settlement claim to the
Federal Asset Forfeiture Fund to offset the purchase cost by the same amount;
and
5) Authorize the Interim Chief of Police, or his designee, to complete all appropriate
documentation to complete the purchases.
A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to:
1) Waive the formal bidding process pursuant to §34.37 of the Baldwin Park
Municipal Code on one vehicle, as existing cooperative purchasing contracts
already exist with other government agencies; and
Regular Meeting of 5/3/17 Page 6 of 10
2) Waive the formal bidding process for the purchase and installation of the
emergency equipment pursuant to §34.23(C); and
3) Authorize the Police Department to purchase the new vehicle and equipment
through existing contracts, joining in the cooperative purchasing contracts, or
through procedures outlined above; and
4) Authorize the Director of Finance to appropriate $48,064.51 from the Federal
Asset Forfeiture Fund to cover the cost of the replacement of the police K-9
vehicle and deposit the $45,038.61 from the insurance settlement claim to the
Federal Asset Forfeiture Fund to offset the purchase cost by the same
amount; and
5) Authorize the Interim Chief of Police, or his designee, to complete all
appropriate documentation to complete the purchases.
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
6. APPROVAL OF PROFESSIONAL SERVICES CONTRACT WITH EVAN BROOKS
AND ASSOCIATES FOR PLANNING, FEASIBILITY STUDY AND PROJECT
MANAGEMENT SERVICES FOR THE COMMUTER CONNECTOR EXPRESS LINE
PROJECT
Staff recommends that Council:
1) Authorize the Mayor to sign a professional services agreement with Evan Brooks
Associates (EBA) for services related to the planning, feasibility analysis, route
analysis, and project management of the implementation of the Baldwin Park
Commuter Connector Express Line in the amount not -to exceed $40,000; and,
2) Authorize the Finance Director to appropriate $40,000 from Fund 270 (Grants Fund)
for the Professional Services Agreement.
A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to:
1) Authorize the Mayor to sign a professional services agreement with Evan
Brooks Associates (EBA) for services related to the planning, feasibility
analysis, route analysis, and project management of the implementation of
the Baldwin Park Commuter Connector Express Line in the amount not -to
exceed $40,000; and,
2) Authorize the Finance Director to appropriate $40,000 from Fund 270 (Grants
Fund) for the Professional Services Agreement.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
7. ACCEPT PLANS AND SPECIFICATIONS, AND AUTHORIZE PUBLISHING A NOTICE
INVITING BIDS FOR CITY PROJECT NO. 2017-0189 — BUS STOP IMPROVEMENTS
PROJECT — PHASE 1
Staff recommends that Council approve the plans and specifications for the Bus Stop
Improvement Project (City Project No. 2017-0189) and authorize staff to advertise the
Invitation to Bid.
Regular Meeting of 5/3/17 Page 7 of 10
A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to
approve the plans and specifications for the Bus Stop Improvement Project (City
Project No. 2017-0189) and authorize staff to advertise the Invitation to Bid.
AYES:
Baca, Garcia,
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
Lozano, Pacheco, Rubio
8. APPROVAL OF A RESOLUTION TO HIRE A RETIRED CALPERS ANNUITANT
Staff recommends that Council approve Resolution No. 2017-187 entitled "A Resolution
of the City Council of the City of Baldwin Park, California, Authorizing the Appointment of
an Interim Police Chief' and authorize the Chief Executive Officer to execute any
Personnel Action forms related to the appointment.
A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to
approve Resolution No. 2017-187 entitled "A Resolution of the City Council of the
City of Baldwin Park, California, Authorizing the Appointment of an Interim Police
Chief' and authorize the Chief Executive Officer to execute any Personnel Action
forms related to the appointment.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
PUBLIC HEARING
9. FISCAL YEAR 2017-2018 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
AND HOME INVESTMENT PARTNERSHIP FUND (HOME) ANNUAL ACTION PLAN
Staff recommends the Council approve the FY 2017-2018 CDBG Annual Action Plan
with the contingency to adjust public service programs, and HOME and CDBG
administration to remain in compliance with HUD maximum allowable requirements, as
well as possibly Code Enforcement allocations once the final federal budget and
allocations are approved.
Housing Manager Suzie Ruelas provided a narrative of the item before Council.
Mayor Lozano opened the public hearing at 9:31 p.m. and invited those wishing to speak
in opposition to the item to come forward and be heard.
Seeing no one wishing to speak, Mayor Lozano invited those wishing to come forward
and speak in support of the item.
Seeing no one come forward to speak, Mayor Lozano close the public hearing at 9:31
p.m.
A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to bring
this item back at the next regularly scheduled Council meeting.
AYES:
NOES:
ABSENT:
ABSTAIN
Baca, Garcia, Lozano, Pacheco, Rubio
None.
None.
None.
Regular Meeting of 5/3/17 Page 8 of 10
REPORTS OF OFFICERS
10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
CONFIRMING THE ADVISORY COMMITTEE'S REPORT AND LEVYING THE
ASSESSMENT IN THE BALDWIN PARK CITYWIDE ASSESSMENT DISTRICT FOR
FISCAL YEAR 2017-18
Staff recommends Council:
1) Approve the FY 2017-18 BIT Allocation Budget; and
2) Restore the full rate and approve Resolution No.2017-184, entitled "A Resolution of
the City Council of the City of Baldwin Park, Confirming the Advisory Committee's
Report and Levying the Assessment in the Baldwin Park Citywide Business
Improvement District for Fiscal Year 2017-2018;"
3) Provide staff direction on the appointment of a member of the public or business
community to the Committee.
A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to bring
this item back at the next regularly scheduled Council meeting.
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
11. DIRECTION AND APPROVAL OF THE DESIGN FOR THE BALDWIN PARK TRANSIT
BUS WRAPS AND SELECTION OF THE BALDWIN PARK COMMUTER
CONNECTOR EXPRESS LINE TRANSIT BUS MODEL
Staff recommends that Council:
1) Select and approve a bus wrap design for the Baldwin Park Transit Buses; and
2) Select and approve a transit bus model for the Baldwin Park Commuter Connector
Express Line.
A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to
bring this item back at the next regularly scheduled Council meeting.
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
12. FOURTH OF JULY SAFETY ENHANCEMENT STRATEGY
Staff recommends that council receive and file the Fourth of July Safety Enhancement
Report.
A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to bring
this item back at the next regularly scheduled Council meeting.
AYES:
Baca, Garcia, Lozano, Pacheco, Rubio
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
Regular Meeting of 5/3/17 Page 9 of 10
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATIONS
ADJOURNMENT
There being no other business to discuss, and all other matters having been addressed, a
motion was made by Lozano, seconded by Pacheco, to adjourn the meeting at 8:52 p.m.
Mayor
ATTEST:
Manuel Lozano, Mayor
Alejandra Avila, City Clerk
APPROVED:
Regular Meeting of 5/3/17 Page 10 of 10
STAFF REPORT
�W/
HUB OF
THE
« SAN GABRIEL
VALLEY
,ate
TO:
FROM:
ITEM NO.
Honorable Mayor and City Council mem]
Sam Gutierrez, Interim Director of Public
DATE: May 3, 2017
9
SUBJECT: ACCEPT PLANS AND SPECIFICATIONS AND AUTHORIZE
PUBLISHING A NOTICE INVITING BIDS FOR CITY PROJECT
NO. 2017-0185 — ALLEYWAY STREET IMPROVEMENTS
PROJECT
SUMMARY
This item will authorize the publishing of a Notice Inviting Bids for City Project No. 2017-0185 — Alley
Way Street Improvements Project. This is the first paving project planned for Fiscal Year 2016/2017
Capital Improvement Program (CIP #36 & #37). This project will bring street improvements to ten (10)
alley way streets and one (1) residential street.
FISCAL IMPACT
There are no fiscal impacts at this time. Upon review of bids, staff will recommend a construction
contract award. At that time, staff will also provide a construction cost estimate with a breakdown by
improvements to be constructed.
The following table lists the available funds for CIP #36 and #37 projects in the current fiscal year CIP:
�,. ... .�....
Available Funds
Amount Available
CIP #36 — � Traffic Congestion Relief —Fund # 242 �
_��__����........_.������
._._..._—....�_.. $158,289
..... ........ ...............__........._..............._._................................................_—.
CIP #37 Measure R Local Return— Fund #254
$10,000
Total Available Funds
$168,289
Construction Budget
Amount
_..�.�..���,..�.�.��.
Construction Contract
$145,500
Contingency Allowance (10%)
$14,550
Construction Engineering (5%)
$7,239
Total Project Costs
$168,289
RECOMMENDATION
It is recommended that the City Council:
1. Accept plans and specifications; and
2. Authorize Staff to advertise the Invitation to Bid
BACKGROUND
This project consist of alley way street rehabilitation work at ten (10) locations and on Corak Street.
Proposed improvements includes removal and replacement of 8 -inches of existing alleyway and
constructing new alleyway section including sub -surface preparation, subgrade and constructing
aggregate base and asphalt concrete (AC) pavement sections. Work also includes removal and
Page 2
replacement of 2 -inches of existing roadway and constructing asphalt concrete (AC) pavement sections.
Concrete improvements include constructing alley -intersections and curb ramps. Related work includes
adjusting manholes and utility covers, traffic control, repainting traffic stripes and pavement markings,
placing pavement markers and all appurtenant work.
LEGAL REVIEW
None Required.
ATTACHMENTS
1. Notice Inviting Bids
2. Location Map
Attachment #1
Section A NOTICE INVITING SEALED BIDS
City Project No. 2017-0185 - Alley Ways Street Improvements
PUBLIC NOTICE IS HEREBY GIVEN that the City of Baldwin Park invites sealed bids for the above -stated
project, and will receive such bids in the offices of the City Clerk, 14403 Pacific Avenue, Baldwin Park,
California 91706, until 10:00 a�n,."Wednesd;��rt 21" 2017; at which time the proposals will be
publicly opened and read. Bidders and/or authorized agents are invited to be present. All information
submitted with the bid is public information and may be subject to disclosure.
Project Description —The general nature of work consists of furnishing all labor, material, equipment,
services, and incidentals required for pavement construction improvements. The work includes removal
and replacement of 8 -inches of existing roadway and constructing new roadway section including sub-
surface preparation, subgrade and constructing aggregate base and asphalt concrete (AC) pavement
sections. Work also includes removal and replacement of 2 -inches of existing roadway and constructing
asphalt concrete (AC) pavement sections. Concrete improvements include constructing alley -
intersections and curb ramps. Related work includes adjusting manholes and utility covers, traffic
control, repainting traffic stripes and pavement markings, placing pavement markers and all appurtenant
work. The bid items, corresponding estimated quantities, and the time allowed to complete the work
are listed in the Proposal. The descriptions of bid items are defined in the Technical Provisions of the
Specifications.
Pre -Bid Meeting — None Required.
Bid Proposals — Bids shall be sealed and plainly marked "Bid No. 2017-0185 - Alley Ways Street
Improvements." Bids must be prepared using the Contractor's Bid Proposal forms and all the other
forms identified in the Instructions to Bidders. The forms required to complete a bid package are found
in Section "C" of these Contract Documents. No bids will be accepted if not submitted using the approved
forms. The Information to Bidders provides prospective bidders a summary of requirements for
acceptance of bids, guidelines the City uses in awarding contracts, rules to ensure fairness in contractor
procurement and guidelines to aid in interpretation of documents. The Construction Contract /
Agreement define the Contract Documents which serve to control construction, work performed, and
materials furnished, and includes the Specifications and Plans.
Plans, Specifications, Documents — Specifications and proposal forms may be obtained at the
Engineering Division office located at 14403 East Pacific Avenue, Baldwin Park, CA 9'7o6,(626) 96o-4011
on and after May 25th, 2017 Monday thru Thursday between the hours of 7:3o A.M. and 6:oo P.M. A
$35.00 per set, non-refundable fee is required for these specifications and proposal forms. An additional
$10.00 is added to the fee, if mailed. Alternatively, the plans and specifications may be obtained at
www.CIPLIST.com at no cost.
Bid Security — Each bid must be accompanied by cash, certified check, cashier's check, or bidder's
bond made payable to the City of Baldwin Park or issued by a surety admitted to do business in California,
for an amount equal to at least ten percent (10%) of the amount bid. Such guaranty to be forfeited to
the City of Baldwin Park should the bidderto whom the contract is awarded fail to enter into the contract.
The City of Baldwin Park reserves the rightto reject any and all bids and to waive any minor irregularities
in the bid documents. Bidders may not withdraw their bid for a period of sixty (6o) days after the opening
date.
City Business License, Contractors License and Permit — Prior to contract execution, the
contractor and his/her subcontractors shall obtain a City of Baldwin Park business license. In accordance
with provisions of Section 3300 of the California Public Contract Code, the City has determined that the
Contractor shall possess a valid Class A California Contractor's License or other appropriate license
classification under the State Contracting Code at the time the contract is bid. Failure to possess such
license may render the bid non responsive. The successful bidder will be required to obtain a City
encroachment permit to work in public right-of-way, issued at no fee for the project.
Prevailing Wages — In accordance with the provisions of Sections 177o et seq., of the Labor Code,
the Director of the Industrial Relations of the State of California has determined the general prevailing
rate of wages applicable to the work to be done. The Contractor will be required to pay to all persons
employed on the project by the Contractor sums not less than the sums set forth in the documents
entitled "General Prevailing Wage Determination made by the Director of Industrial Relations pursuant
to California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773.1." These documents can
be reviewed in the office of the City Clerk or may be obtained from the State.
Contractor's Registration — In accordance with Labor Code Section 1771.1, a contractor or
subcontractor shall not be qualified to (a) bid on or be listed in a bid proposal on or after March 1, 2015,
or (b) engage in the performance of this Work after April 1, 2015, unless currently registered with the
Department of Industrial Relations and qualified to perform the Work pursuant to labor Code Section
1725.5.
Compliance Monitoring and Enforcement — Contractor's performance of the Work described in
this Notice Inviting Bids is subject to compliance monitoring and enforcement by the California
Department of Industrial Relations.
Equivalent Securities— Pursuant to California Public Contract Code Section 22300, substitution of
eligible and equivalent securities for any moneys withheld to ensure performance under the contract for
the work to be performed will be permitted at the request and expense of the successful bidder, unless
otherwise prohibited by law.
Advertising Dates;.
SAN GABRIEL VALLEY EXAMINER
THURSDAY, MAY 25, 2017
THURSDAY, JUNE 1, 201
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ITEM NO.
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
HUB or
THE FROM. Manuel Carrillo Jr., Director of Recreation & Community Sere, v s
SAN oAMEL � DATE: May 17, 2017
VALLEY `v
SUBJECT: APPROVAL TO ENTER INTO AN AGREEMENT WITH MT. SAN
ANTONIO COLLEGE SCHOOL OF CONTINUING EDUCATION
DIVISION FOR AN AQUATIC PROGRAM
SUMMARY
The purpose of this staff report is for the City Council to approve the Agreement between Mt. San Antonio
College School of Continuing Education Division and the City of Baldwin Park.
FISCAL IMPACT
There is no fiscal impact by this action at this time.
RECOMMENDATION
Staff recommends that the City Council approve and authorize the Director of Recreation and Community
Services to execute the Use of Facilities Agreement between Mt. San Antonio College School of Continuing
Education and the City of Baldwin Park.
LEGAL REVIEW
The City Attorney has reviewed the agreement and approved it as to form.
BACKGROUND
The Recreation and Community Services Department has proactively engaged in a yearlong work plan to
restructure the aquatic programming services offered at the Baldwin Park Aquatic Center. Staff has successfully
evaluated program goals, class objectives, and staffing needs in order to offer quality and low-cost aquatic
services for residents. As a result, staff has identified new partnerships and collaborations with local agencies to
increase the aquatic services at no cost to the City for instruction.
Mt. San Antonio College Continuing Education Division has shared their interest to enter into a 6 -week
agreement that would offer additional aquatic services to the community at a pro Bono rate.
As per the agreement Mt. San Antonio College agrees to:
• Provide cooperation and counsel of its administration and staff in the conduct of the program;
• Provide all instructors who are college employees and are responsible for duties specifically assigned as
part of their instructional duties as determined by the College;
• Assume the responsibility for the development, organization, and the implementation of the curriculum
under the direction of a qualified college instructor;
• Indemnify and hold the City harmless against any claim, demand, or judgment arising out of the
negligence of College students or instructors under this agreement while actively involved in the
program.
Mt. San Antonio Agreement
May 17, 2017
Page 2
During the 2016 aquatic season, the City serviced over 8,000 participants throughout the summer in a variety of
programs ranging from swim lessons, morning lap swim, aqua aerobics, recreational swim and the new popular
night recreational swim. The goal of the summer 2017 season is to continue to offer high quality, innovative,
and affordable aquatic programs at no additional cost to the City.
ALTERNATIVES
The alternative would be to not sign the agreement and forgo the aquatics program.
ATTACHMENT
1) Mt. San Antonio College School of Continuing Education Division Use of Facilities Agreement
its
School�� nAng Education Division _T - S
AC
Mt, San Antonio College
USE OF FACILITY AGREEMENT
THIS AGREEMENT made and entered into by and between the governing Board of Trustees of
Mt. San Antonio College, Walnut, California, which college is hereinafter referred to as "the
College" and the Baldwin Park Aquatic Center, 4100 Baldwin Park Boulevard, Baldwin Park,
California, which institution is hereinafter sometimes referred to as "the Institution".
The agreement entered into by both parties is promoted by strong public obligation to offer
Continuing Education and/or Community Services classes, programs, and workshop for the
educational benefit of students and the community at large.
This agreement between the College and the Institution will be for an indefinite period, but shall
be reviewed in respect to renewal at the completion of each calendar year. It may be modified or
amended in writing by mutual consent. Either party of the agreement may terminate this
agreement at the close of any school year by proper notice in writing, delivered to the legal
representative of the other party.
WHEREAS the College and the Institution are desirous of entering into an agreement for
instructional services, the parties agree as follows:
1. Mt. San Antonio College agrees to:
provide cooperation and counsel of its administration and staff in the conduct of the
program;
provide all instructors who are college employees and are responsible for duties specifically
assigned as part of their instructional duties as determined by the College;
assume the responsibility for the development, organization, and the implementation of the
curriculum under the direction of a qualified college instructor;
indemnify and hold the Institution harmless against any claim, demand, or judgment arising
out of the negligence of College students or instructors under this agreement while actively
involved in the program.
2. The Institution agrees to:
provide classroom/instructional facilities as agreed between the College and the Institution
through the Program Supervisor;
provide a room at the Institution for the equipment and will take responsible care to protect
the equipment;
indemnify and hold the College harmless against any claim, demand, or judgment arising
out of any negligence by its officers, employees, or agents under this agreement, or caused
by a dangerous condition of its real or personal property.
BOARD OF TRUSTEES:
Dr. Manuel Baca ® Rosanne M. Bader ® Jay F. Chen ® Judy Chen Haggerty, Esq. ® Dr. David K. Half ® Robert F. Hidalgo ® Laura Santos ® Elizabeth Santos
William Scrogglns - COLLEGE PRESIDENT / CEO
1100 North Grand Avenue, Walnut CA 91789
909) 594-5611, ext. 4220 9 FAX 909) 468-3937 a http://www.mtsac.edu
Use of Facilities Agreement
Baldwin Park Aquatic Center
Page 2
3. All classes offered will be open to any member of the community who wishes to attend based
on available space.
4. Scheduling will be determined cooperatively between the Institution and the College
representative (Program Supervisor). All changes must have prior approval of the College.
5. It is the concern and policy of the Institution that it treat all students/instructors equally without
regard to race, color, religion, sex, national origin, marital status, handicap or age.
This agreement shall remain in effect from year to year, but may be terminated or amended as
identified above.
Service Director
Signature
Irene Malmgren
Please Type Name
Vice President, Instruction
Title � .....
Date
City of Baldwin Park Mt. San Antonio College
Recreation and Community Services School of Continuing Education Division
4100 Baldwin Park Blvd 1100 N. Grand Avenue
Baldwin Park, CA 91706 Walnut CA 91789
Board of Trustees Approved:
STAFF Epp ,
TO:
L
HUB OF
THE 70
SAN GABRIEL
,VALLEY
FROM:
DATE:
ITEM NO.
7"�iii�j//
Honorable Mayor and City Councilmember
Doug Parnell, Acting Chief of Police t
-.,.
May 17, 2017
SUBJECT: RENEWAL OF AGREEMENT WITH ALL CITY MANAGEMENT
SERVICES FOR PROVIDING SCHOOL CROSSING GUARD SERVICES FOR
FISCAL YEAR 2017/2018
SUMMARY
This report seeks City Council approval for the police department to continue a contractual agreement, with the
listed amendment, with All City Management Services (ALMS). The agreement is for the continued
administration of school crossing guard services.
FISCAL IMPACT
Due to State -mandated minimum wage increases, there will be an increased negative impact to the general fund
of $8,100 to meet the new contract price of $194,832 in Fiscal Year 2017-18. These services will be included
in the proposed budget for Fiscal Year 2017-18 under account 100-30-390-51100-13200-2.
RECOMMENDATION
Staff recommends City Council:
1. Approve the Fiscal Year 2017-18 contract with ACMS for crossing guard services.
2. Authorize the Mayor to execute the agreement to continue contract services with ACMS.
3, Authorize staff to include the new contract price of $194,832 in the proposed budget for Fiscal Year
2017-18 under account 100-30-390-51100-13200-2.
BACKGROUND
The City of Baldwin Park has been receiving crossing guard services through ACMS since Fiscal Year 2005-
06, pursuant to an original agreement between the parties and amendments thereto. The current amended
contract expires on June 30, 2017.
ACMS has maintained a high level of service based on staff interaction with school district staff, parents, the
crossing guard supervisor, and crossing guards. Staff has also observed crossing guards on duty.
The amendment to the agreement is an increase of hourly wage from $17.29 per hour to $18.04 per hour for
guard service provided for the fifteen (15) locations, as determined by the Police Department. In their proposed
amendment, ACMS states that the increase is due to ongoing annual increases to the mandated minimum wage.
They note that more increases will be mandated for the next four years.
The cost of providing this service is not to exceed $194,832 for the term of the proposed agreement. This
agreement will expire on June 30, 2018. For reference, the last three fiscal years' crossing guard service
amounts are listed below:
May 17,2017
Nee
Fiscal Year 2014-15: $171,504.00
Fiscal Year 2015-16: $181,332.00
FiscalYear2016-17: $186,732.00
LEGAL
iiv► 0
LEGAL REVIEW
The proposed amended contract has been reviewed and approved by the City Attorney as to legal form
content.
ALTERNATIVES
The City administered crossing guard service internally through the Police Department for many years before
contracting with ACMS in 2005. The decision to contract with ACMS eliminated a burdensome task from the
Traffic and Patrol Bureaus, which were staffed much more robustly than they are today. Administering the
employment and service of fifteen guards drew Traffic Bureau personnel away from their primary duties for
significant amounts of time. The lead Enforcement Officer was tasked with the majority of the
administrative ♦ ♦ ♦ Parkinging and scheduling. In 2005, a study of
amount of time involved; it ranged from 8 hours to 90 hours per month, with an average of 34.8 hours per
month dedicated to administering crossing guards.
WANOW9 All NEW
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Ownicrt onen occu e
service, and Police Officers spent an average of 30 hours per year similarly.
Outsourcing crossing guard services is a common practice. ACMS is the only professional provider of service
in our area. The following San Gabriel Valley cities contract services from ACMS: Arcadia, Azusa, Baldwin
Park, Covina, Diamond Bar, El Monte, Glendora, Pasadena, Rosemead, San Gabriel, San Marino, Temple City,
Upland, Walnut, and West Covina. Overall, ACMS contracts to I 10 Southern California agencies, as well as
many others throughout-♦
ATTACHMENTS
, L2ipala _uard servicep
ART, 0 F11!, 7r' OMER IOCTRS
March 6, 2017
Lt. Chris Hofford
City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, CA 91706
We again come to that time of year when many agencies are planning their budgets for the coming fiscal
year. This year I hate to be the bearer of bad news, but you may know that the California Legislature
ushered in another round of minimum wage increases effective January 1St of this year.
The current law mandates an increase on January 1St° for each of the next 4 years. The target wage rate for
California employees in this process will be $15.00 per hour in 2022. As such, our pricing for the coming
2017-2018 fiscal year reflects both the .50 cent increase we incurred this January and the .50 cent increase
we will incur next January 2018. Moving forward please expect annual price increases for the next 4
years as we must keep pace with minimum wage mandates.
I would be remiss not to clarify the fact that each dollar of payroll translates into approximately 35 cents
additional of employer taxes, liability insurance, payroll fees and workers' compensation insurance.
Toward that end, the adjusted rate for services for the City of Baldwin Park this year is $18.04 per hour.
As always, we remain committed to providing a safe, cost-effective and professional School Crossing
Guard Program.
I would also like to take this opportunity to introduce you to our Client Portal assessed through our
website ( vw ili eras sAra� tea a,_l e usln s;m or www ,ciciiissa t .�,�, ii
.i). Through our portal you have
access to all the documents and information related to your Crossing Guard Program. This includes;
Contracts, Amendments, Site Locations (powered Google Maps to see each site), General Liability
Insurance Certificates and Workers Compensation Insurance Certificates. To request access the new
portal please send an email to y lWii ----- � a�� _l t_yx I_n with the following information:
• Full Name
• Title
• Direct phone number
Once you submit the above information, you will receive an email from "WordPress" which has a link
that will prompt you to setup a password. You will then have immediate access to the above referenced
information.
We appreciate yo it business and if you have any questions or need additional information, please contact
me al ( 0) 540 290. Take care,
�.
3 a.i'we , (Jencr,al Manager
66T]{� (t at7'; ss�i� ° . Gadr' ,, r I . a " i $r' 1ttE�%99
(0440I'�k,d-, ` [, //5, s�k�rli�b� �u,�y,�r� e�i�ti�, ��/� �r 1("/i� 3M-202 8,284 Q, 1800 540, 9290 & VAX "dO, 2()2_8"
All City Management Services Inc.
Client Worksheet 2017 - 2018
Department: 7605
Billing Rate for 2017/2018: $18.04
City of Baldwin Park
14403 E. Pacific Ave.
Baldwin Park, CA 91706
KEY:
Traditional Calendar:
For sites with no regularly scheduled early release days, use 180 regular days
For sites with one regularly scheduled early release day/week, use 144 regular days and 36 minimum days
Summer School
For schools with Summer School sessions use 19 days
Sites with traditional calendar:
15 Sites at 4.0 hrs per day
Summer School Sites
60 1 1 180 1 1 $18.04
Total Hrs/day X days/yr X Hourly Billing Rate
No estimate for Summer School based on 2016
$194,832.00
TOTAL PROJECTED HOURS 10800 TOTAL ANNUAL PROJECTED COST $194,832.00
ITEM NO.
STAFF REPORT
�o P V14,1TO: Honorable Mayor and City Clotincilimernbers
ru ow
P FROM: Doug Parnell, Acting Chief of Police
SAS ok RITEL DATE: May 17, 2017
NJ�v
�ro ONO SUBJECT: REQUEST TO REINSTATE POLICE HELICOPTER PROGRAM
SUMMARY
This report requests that City Council authorize staff to reinstate the police helicopter patrol program. On April
11, 2017, Former Police Chief David Salcedo without authority from the City Council unilaterally sent written
notice to the El Monte Chief of Police advising him of his (Salcedo's) termination of the helicopter patrol
program partnership.
FISCAL IMPACT
There will be no impact to the general fund. The helicopter program is an existing budgeted item in the FY
2016-2017 budget.
RECOMMENDATION
Staff recommends that City Council authorize the Acting Chief of Police to make all necessary arrangements
with the El Monte Police Department to immediately reinstate Baldwin Park's partnership in the helicopter
program under the same terms of the FY 2016-2017 agreement most recently in effect.
BACKGROUND
The cities of Baldwin Park and El Monte have had a long-standing partnership to provide helicopter patrol
safety services to their communities for approximately 25 years. This partnership had been budgeted throughout
the 2016-2017 fiscal year. On April 11, 2017, Former Police Chief David Salcedo unilaterally and without
authorization sent written notice to the El Monte Chief of Police advising him of his (Salcedo's) termination of
the helicopter patrol program partnership. The termination of the contract with El Monte was done without the
proper authority as the City Council did not consider and vote to terminate the contract as required by law. The
helicopter program in partnership with El Monte is an important health and public safety program for the City
of Baldwin Park.
LEGAL REVIEW
This has been reviewed by the City Attorney as to form and content.
ALTERNATIVES
City Council may direct staff to one of the following alternatives:
1. Authorize the Acting Chief of Police to reinstate Baldwin Park's partnership in the helicopter
program with El Monte under the same terms and costs as agreed upon between the cities for FY
2016-2017.
2. Conduct a search for an alternate helicopter service provider.
3. Allow the helicopter patrol program to remain canceled.
ATTACHMENTS
None.
ITEM NO.
STAFF R PORT
TO: Honorable Mayor and Members of the City Council
y HLIB OF 10✓
UTHE FROM: Samuel Gutierrez, Interim Director of Public Work--�/
SAN,GABRIEL DATE: May 17, 2017
VALLEY
k)1 r
' SUBJECT: RESOLUTION NO. 2017-188 APPROVING THE ENGINEERS
REPORT FOR THE CITYWIDE LANDSCAPING AND
LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR
FY2017-2018, DECLARING THE INTENT TO LEVY AND
COLLECT ASSESSMENTS, AND SETTING A TIME AND
PLACE FOR A PUBLIC HEARING
SUMMARY
This item adopts a resolution approving the Engineer's Report, declares the City's intention to levy and
collect assessments, and set a date and time for a public hearing for the FY2017-2018 Citywide
Landscaping and Lighting Maintenance Assessment District. The recommended hearing date is June 7,
2017.
FISCAL IMPACT
The following is a summary of revenues and expenditures anticipated for the Landscaping and Lighting
Assessment District for FY2017-2018
Estimated Beginning Fund Balance 7/1/2017
$0.00
FY 2017-18 Estimated Revenue
. .,... .. .... _�...
Assessment Revenue FY 2017-2018
�......,
$909,756
e ...,,__..1
County Ad Valorem Tax „
.....
$774,000
Penalties, Late Taxes, Earnings
$93,500
..... e e
Total Revenue[
$1,777,256
FY 2017 18 Protected Expenditures
..�..
...... ....a ._
Street Lighting�. _......
$611 442
w� �.
Landscaping
. .. _
$869,526
.. _
Traffic
c Signals �®e ..
w $295,068
Total Ex enditures�
$1,776,036
FY 2017-18
0 Operating�.Reserve Deficit ........
�,...
$1,220 „
Projected Balance 6/ 0/018 _ ,, ,.,,
.e
Beginning Fund Balance 07/01/2017
„ ....__.
....._ .__...w...
...... $0.00
FY 17-18 Revenues
$1,777,256
FY 17-18 Expenditures
$1,776,036
Projected Fund Balance 06/30/2018
I
$1,220
While the assessment rates have not been increased for over eighteen 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.
RECOMMENDATION
Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution No.
2017-188 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 2017-
2018, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A
TIME AND PLACE FOR PUBLIC HEARING"
LEGAL REVIEW
Due to the recurring and unchanging nature of this item additional legal review is not required
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 15, 2017 the City Council approved a resolution which authorized initiating the FY2017-2018
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
1) Resolution No. 2017-188
Engineer's Report — available for review in the Office of the City Clerk
Attachment #1
WHEREAS, pursuant to the Provisions of Division 15, Part 2 of the Streetsd
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 i ' 1CITYWIDE
(Hereinafter referred ! and
a. Plans i Specifications
1'
. Estimate of the Cost
C. Diagram of the Maintenance
District
f' of the Estimated Cost
SECTIONis 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.
of 1
interest and convenience, to levy and collect annual assessments for FY i for the
construction and continued maintenance of certain public facilities within the 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.
Resolution No. 2017-188
Page 2 of 3
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, June 7 2017, 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 Examiner, 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:
Sam Gutierrez, Interim Director of Public Works / Engineering Manager
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 17th day of May 2017.
MANUEL LOZANO
MAYOR
Resolution No. 2017-188
Page 3 of 3
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARK
1, ALEJANDRA AVILA, Deputy City Clerk of the City of Baldwin Park do hereby certify that
the foregoing Resolution No. 2017-188 was duly adopted by the City Council of the City of
Baldwin Park at a regular meeting thereof held on May 17, 2017 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
ITEM NO. 10
STAFF REPORT
L0wl,» TO: Honorable Mayor and Members of the City Council
IV
�T ' 0 FROM: Sam Gutierrez, Interim Director of Public Worl � °
SAN BRIEL,� DATE: May 17, 2017
VALILEY
�'oc,� SUBJECT: RESOLUTION NO. 2017-189, APPROVING THE ENGINEER'S
REPORT FOR THE CITYWIDE PARK MAINTENANCE
ASSESSMENT DISTRICT FOR FY2017-2018, DECLARING
THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND
SETTING A TIME AND PLACE FOR A PUBLIC HEARING
SUMMARY
This item adopts a resolution approving the Engineer's Report; declares 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 FY2017-2018. The recommended hearing date is June 7, 2017.
FISCAL IMPACT
The following table summarizes the District revenue and expenditure status:
The total cost of the District for FY2017-2018 is estimated to be $880,546. The City anticipates revenue of
$721,600 from the FY2017-2018 Citywide Park Maintenance Assessment District. A General Fund
transfer of $158,946 will be included in the recommended FY2017-2018 budget to cover the District
shortfall.
RECOMMENDATION
Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution No.
2017-189 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 2017-2018, DECLARING THE INTENT TO
LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC
HEARING."
LEGAL REVIEW
Due to the recurring and unchanging nature of this item additional legal review is not required.
BACKGROUND
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 15, 2017 the City Council approved a resolution which authorized initiating the FY
2017-2018 PMD and ordered the preparation of the Engineer's Report.
ATTACHMENTS
1) Resolution No. 2017-189
Engineers Report — available for review in the Office of the City Clerk.
Attachment #
♦ ♦ ♦ I PAN R ♦.. WiMlArals , : ♦ R
VVHEREAS, 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
[�,reparedconsisting plans • fid.specifications,an estimate
.. , . cost, • diagram of the
Maintenance District and an assessment relating to what is now designated as:
W1801 "m
qR ♦ #I-prom.
00FRp"110101 R
(Hereinafterreferred as d
)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 •..... - fid.. , assessments, + • preliminary basis, have been • d accordance
with the benefits received from the maintenance to be performed as set forth in said Report.
Plans and Specifications
l'. Estimate of the Cost
DiagramC.
Assessmentd. of the Estimated
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 _ intentionof the City Council,1public
convenience,interest and to levy • • collect annual assessmentsfor the
1' R'facilities within the Ciopwide R
Resolution No. 2017-189
Page 2 of 3
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, June 7, 2017, 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 a copy
of this Resolution in the San Gabriel Valley Examiner, a newspaper of general circulation in
said City; 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:
Sam Gutierrez, Interim 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.
M
E 0 " 9
MMUMM
Resolution No. 2017-189
Page 3 of 3
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES j- 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. 2017-189 was duly adopted by the City Council of the City
of Baldwin Park at a regular meeting thereof held on May 17, 2017 and that the same was
adopted by the following vote to wit:
P
P,
11 A k1 11 A A
ITEM NO.
STAFF REPORT
o)4*
TO: Honorable Mayor and City Council members
HUB
THEFROM: Sam Gutierrez, Interim Director of Public Works
SAN GAVALLDATE: May 17,2017
" DJA
SUBJECT: ACCEPT PLANS AND SPECIFICATIONS AND AWARD OF BID
FOR CITY PROJECT NO. 2016-0135 — MORGAN PARK
AQUATIC CENTER CEILING MAINTENANCE
SUMMARY
This item will award the contract for City Project No. 2016-0135 — Morgan Park Aquatic Center Ceiling
Maintenance to Lucas Builders, Inc., in the amount of $59,000.
FISCAL IMPACT
This project is funded with Quimby Fees; no General Funds are used. This project is included in the
current Fiscal Year's Capital Improvement Program (CIP), which was approved by the City Council on
September 7, 2016. Funding for this project is as follows:
Available Funds Amount Available
CIP 450 Fund 234 — Park Fee ry(Quimby Fees) $90,000
m Total Available Funds $90,000
Construction Budget Amount
Construction Contract _— — $59,000
Contingency Allowance (10%) $5,900
Construction Engineering (5%) $2,950
Total Project Costs $67,850
RECOMMENDATION
It is recommended that the City Council:
1. Approve and award the contract to Lucas Builders, Inc., in the amount of $59,000; and
2. Authorize the Mayor to execute the contract.
BACKGROUND
In 2015, The dehumidifier servicing the Aquatic Center at Morgan Park suffered a malfunction and
became inoperable. Without the dehumidifier in place to regulate the moisture, the facility was exposed
to high humidity leves that were hard on both the wood panels of the ceiling and the facility's walls. The
dehumidifier has since been replaced, but the wood ceiling requires maintenance repairs as a result of
the exposure to the high humidity levels. This project will perform the maintenance and upkeep work
required including surface preparation, repairs of roof wood panels, sanding, application of sealant,
painting of wood beams and painting of metal skylights.
DISCUSSION
A notice inviting bids for this project was advertised in the San Gabriel Examiner on March 30 and
April 6, 2017. In addition, the project was sent to companies that have previously bid or showed interest
in similar City projects. A mandatory Pre-bid Meeting was held on April 13, 2017. On April 20, 2017,
a total of two (2) bids were received. The following is a summary of the bids received.
No Contractor Location Bid Amoont
1...._ Lucas Builders, Inc. La Habra, CA $59,000.00
_... 2._ '^Painting &WDdcor, Inc. _ .. Orange, CA $67,300.00
The lowest responsive bid was $59,000 from Lucas Builders, Inc. If awarded, the project construction
will commence in the fall on the third week of August 2017 so that it does not conflict with the center's
summer programs. The project is expected to be completed within thirty working days.
LEGAL REVIEW
None Required.
ATTACHMENTS
None Required.
ITEM NO.
STAFF REPORT
,HL16,,0F/7 TO.: Honorable Mayor and City Councilmemb n
THE
SA
o� FROM: Doug Parnell, Acting Chief of Police
x"44 LE
' 10111 * DATE: May 17, 2017
SUBJECT: AUTHORIZATION TO PURCHASE POLICE VEHICLES WITH
FEDERAL ASSET FORFEITURE FUNDS
SUMMARY
Staff seeks City Council approval to purchase three new vehicles and place them into service as undercover
detective police vehicles.
FISCAL IMPACT
Funding for this project is not coming from the General Fund. This project is eligible for the Police Department
to utilize Federal Asset Forfeiture Funds. (Fund 205). The total cost is $78,120.89.
RECOMMENDATION
Staff recommends City Council approval to:
1. Waive the formal bidding process for the purchase of three (3) vehicles and installation of the
emergency equipment on the vehicles pursuant to §34.23 (C),
2. Authorize the police department to work in conjunction with the public works department to purchase
the new vehicles.
3. Authorize the Finance Director to complete a budget amendment for an amount not to exceed
$78,120.89, from account 205-30-360-58110 and designate $78,120.89 for restricted purchase of the
new police department vehicles, and
4. Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete
the purchase.
BACKGROUND
The Police Department undercover detective bureau vehicles to be replaced were purchased several years ago,
ranging from 2004-2008. Due to the age and/or mileage of the vehicles they are breaking down frequently.
They are in need of replacement based on heavy usage.
Usual purchasing practices in acquiring vehicles and other major equipment is by following formal bid
procedures, which are outlined in the Baldwin Park Municipal Code §34.23.
Staff requests Council approve the purchase of the undercover detective vehicles pursuant to Baldwin Park
Municipal Code § 34.23 (C) "When the City Council by four-fifths vote determines to dispense with such
bidding and other procedures required by the above-mentioned sections in any individual instance upon a
finding by the Council that it would be impractical, useless or uneconomical in such instance to follow the
procedures, and that the welfare of the public would be promoted by dispensing with the same." Putting out to
formal publicized bid the make, model, and year of the vehicles to be purchased for under -cover operations
would be impractical, as it would be advertising the type of vehicles undercover detectives would be driving.
Not only would this hamper future investigations, it would be dangerous for department personnel as well as the
Authorization to purchase police uc vehicles.
Paee 2
personnel of other agencies they assist. Staff requests Council approve an informal bid process where staff will
obtain three price quotes and select the lowest responsible bid for the undercover vehicles being purchased.
Additionally, it would also be impractical to put out for public bid the purchase and installation of the
emergency equipment. The City's current vendor, "Black and White" has been converting and servicing the
City's police vehicles and is located in close proximity to the City. The City currently has an open purchase
order with the company and the quality and dependability of the service has been proven. The total price of
installation of equipment will not exceed $1200.00, plus tax, per vehicle. Staff requests Council approve the
purchase of equipment and its installation pursuant to Baldwin Park Municipal Code § 34.23 (C) "When the
City Council by four-fifths vote determines to dispense with such bidding and other procedures required by the
above-mentioned sections in any individual instance upon a finding by the Council that it would be impractical,
useless or uneconomical in such instance to follow the procedures, and that the welfare of the public would be
promoted by dispensing with the same.
Staff has determined sufficient funds exist in the department's Federal Asset Forfeiture cost center and the use
of such funds to purchase and equip these vehicles is permitted through federal law.
LEGAL REVIEW
Not applicable.
ALTERNATIVES
An alternative is to create specifications and go out to bid, however this would be detrimental to the safety of
the detectives assigned to drive these cars, as well as impact their ability to conduct undercover operations. In
addition it would delay the replacement of the cars that are a mission critical asset and are needed for daily
operations.
ATTACHMENTS
None.
ITEM NO.
�NE/m/111/1"
/������ .,vi 911 �IIIIIII'''illlli�l�i YiiiiBB V �w;NlW,l lVl v .IpV�uu uuu� uuY dii um
STAFFREPORTi �l
N
TO: Honorable Mayor and City Councilmembers
/
401 FROM: Rose Tam, Director of Finance Q6
�1r 'k
"I o DATE: May 17 2017 -
t r SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK CONFIRMING THE ADVISORY
COMMITTEE'S REPORT AND LEVYING THE ASSESSMENT
IN THE BALDWIN PARK CITYWIDE BUSINESS
IMPROVEMENT DISTRICT FOR FISCAL YEAR 2017-18
SUMMARY
The purpose of this staff report is for City Council to approve the Business Improvement Tax (BIT) budget and
set the assessment rates for FY 2017-18.
FISCAL IMPACT
Upon the final adoption of the recommended FY 2017-18 BIT budget and the approval of the resolution to levy
the assessment, the City will be enabled to collect and spend these funds. These funds may result in a savings
to the General Fund of approximately $184,760 depending on tax collection.
RECOMMENDATION
Staff recommends that Council:
1) Approve the FY 2017-18 BIT allocation budget; and
2) restore the full rate and approve Resolution No.2017-184, entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK, CONFIRMING THE ADVISORY COMMITTEE'S
REPORT AND LEVYING THE ASSESSMENT IN THE BALDWIN PARK CITYWIDE BUSINESS
IMPROVEMENT DISTRICT FOR FISCAL YEAR 2017-2018"; and
3) provide staff direction on the appointment of a member of the public or business community to the
Committee.
BACKGROUND
BIT Assessment
In 1989, the City Council approved Ordinance 842 which established a City Business Improvement District
(BID) that allows for an assessment (or surcharge) on each business license between 60 to 90 percent of the
Business License Fees. The ordinance requires the Advisory Committee to recommend a budget and State Law
requires that a public hearing be held to adopt the resolution levying the assessment.
The City ordinance indicates that the funds can be used only for the following purposes:
1) Decoration of any public place
2) Promotion of public events which are to take place in the City
3) Furnishing of music in any public place
4) The general promotion of business activities
BIT Budget
At their City Council Meeting on March 2, 2016, the City Council approved the designation of the Executive
Team as the Business Improvement Advisory Committee. The Business Improvement Advisory Committee
met on March 30, 2017 and April 20, 2017 to discuss programs/projects for FY 2017-18 and the estimated cost
and budget allocation. In attendance were the Chief Executive Officer, Police Chief, Interim Public Works
Director, Director of Finance, and the Recreation and Community Services Director.
Fiscal Year 2017-2018 BIT Resolution and Budget
May 3, 2017
Page 2
City Council has asked staff to explore all revenue resources. One revenue recommendation is to restore the
BIT to earlier levels. In the Committee meeting, the members recommended to restore the BIT to the previous
full rate as described in ATTACHMENT "A". In 1996, the BIT was reduced to 50%. The restoration of the full
rate will result in approximately $50,000 of additional revenue per year to fund eligible programs.
Below is an example of the average BIT:
Business Improvement Tax Business Improvement
(50% Reduced Rate -38% of Tax (Full Rate -75% of
Class B Business Business License Fee Business License Fee) Business License Fee)
eg Accounting services �.
�. .... ......
$ 50.00 $ 19.00 $ 37.50
Listed below is the FY 2017-18 budget recommended by the Advisory Committee:
BUSINESS EVIPROVEMENT TAX BUDGET
Projected Fund Balance as of June 30, 2017
$201,760
Projected Revenue from FY 2017-18
$125,000
Cost:
-Program
BP NOW Publication -Bi -Monthly
43,000
Street Market & Fair
52,760
Staff Cost Reduction for Street Market & Fair by Contracting
Services
(15,000)
_S2,fety
Concerts in the Park
34,000
4' of July Spectacular
49,000
Hometown Hero Military Banner Program*
$8,000
Recommendations Sub -Total
$171,760
Proiected Remainine Fund Balance
$155,000
* Carry over from prior fiscal year.
LEGAL REVIEW
The City Attorney has reviewed and approved this report.
ALTERNATIVES
1) As an alternative, the City Council may opt to fund the programs in a different manner than
recommended.
2) The City Council can decide the percentage (%) on the levy of the assessment between 50% to 100%
of the City business license fees between Class A to Class C as indicated in Ordinance No. 842.
3) The City Council can decide not to levy the assessment which would likely result in a cost to the
General Fund of up to $171,760 to retain the same level of City services with the activities mentioned
above.
4) Direct staff to keep the assessment as it is and reduce program costs as follows:
Fiscal Year 2017-2018 BIT Resolution and Budget
May 3, 2017
BUSINESS IMPROVEMENT TAX BUDGET
Projected Fund Balance as of June 30,2017$201,760
... . .......
Projected Revenue from FY 2017-18
$ 75,000
Program Cost:
BP NOW Publication -Quarterly_
30,000
Market & Fair
52,760
-Street
Staff Cost Reduction for Street Market & Fair by Contracting
Safety Services
(15,000)
...............
Concerts in the Park
34,000
Cancel 4h of July
Hometown Hero Military Banner Program*
$8,000
Recommendations Sub -Total
$109,760
Proiected Remaining Fund Balance
$167,000
* Carry over from prior fiscal year.
ATTACHMENTS
1) Resolution No. 2017-184
RESOLUTION NO. 2017-184
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK CONFIRMING THE ADVISORY COMMITTEE'S
REPORT AND LEVYING THE ASSESSMENT IN THE BALDWIN
PARK CITYWIDE BUSINESS IMPROVEMENT DISTRICT FOR
FISCAL YEAR 2017-2018
WHEREAS, the City Council has previously ordered the formation of the Citywide
Business Improvement Area (the "Area") pursuant to the terms and provisions of the Parking
and Business Improvement Area Law of 1979, which has been superseded and replaced by the
Parking and Business improvements Area Law of 1989, being Part 6 of Division 18 of the
Streets and Highway Code of the State of California (Section 36500 et seq.) (The "Law"); and
WHEREAS, the City Council has appointed an Advisory Committee for the purpose of
making recommendations to the City Council on the expenditure of revenue derived from the
levy of assessments, on the classification of businesses, and of the method of basis of levying
the assessments pursuant to the Law; and
WHEREAS, the Advisory Committee, comprised of the Baldwin Park Executive Team
has made recommendations for Fiscal Year 2017-18 for which assessments are to be restored
to previous levels and levied and collected to pay the costs of improvements and activities
described in Attachment "A" and
WHEREAS, The City Council did give notice of the time and place for the public hearing
on the question of the levy of the proposed assessment; and
WHEREAS, at this time, the City Council has heard all testimony and evidence, and is
desirous of proceeding with the levy of an annual assessment for said Area.
NOW, THEREFORE, THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The City Council hereby orders the programs and activities to be carried
out as set forth in the Advisory Committee's recommendations in ATTACHMENT "A" and
orders the annual levy to the Area as shown and set forth and described in said Report as
Resolution of Intention.
SECTION 3. The Assessment as set forth and contained in said Report is hereby
confirmed and adopted.
SECTION 4. The adoption of this Resolution constitutes the levy of the assessment for
the Fiscal Year commencing July 1, 2017 and ending June 30, 2018.
Resolution 2017-184
Page 2
SECTION 5. The estimates of costs, the assessments, and all other matters as set forth
in the Advisory Committee's Report pursuant to the Law, are hereby approved and adopted
by the City Council and hereby confirmed.
SECTION 6. Written protests were not received from the owners of businesses in the
area which will pay the assessments indicated in Ordinance No. 842.
SECTION 7. A copy of the Advisory Committee's Report and the system of charges,
including the classifications of businesses and the amount of the annual charges shall be filed
in the Office of the City Clerk and open for public inspection.
RESOLVED, ADOPTED, PASSED, AND APPROVED this 17th day of May, 2017.
MAYOR
MANUAL LOZANO
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
I, Alejandra Avila, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing
Resolution No. 2017-184 was duly and regularly approved and adopted by the City Council of the
City of Baldwin Park at a regular meeting held on 17th day of May, 2017 by the following vote of
the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ALEJANDRA AVILA
CITY CLERK
City of Baldwin Park
CITYWIDE BUSINESS IMPROVEMENT FEES
FISCAL YEAR 2017-18
BUSINESS IMPROVEMENT ADVISORY COMMITTEE'S REPORT
Method and Basis for LeMy of Assessment
Area assessments are based upon a percentage of the regular business license
tax. The percentage differs by the Class of business and relates to the benefit each
class derives from the improvements and activities in the area. The assessments
are listed below: based on ordinance No. 842 (Attached):
Class A Business 60%
Class B Business 75%
Class C Business 90%
A full description of the types of business in each class and certain except
businesses are provided in Ordinance No. 842. No annual charge levied in
accordance with this assessment shall exceed $450.
Business Im rovernent Fees Activities on Full Rate for Fiscal Year 2017-18
BUSINESS EMPROVEMENT FEES BUDGET
Pro'ected Fund Balance as of June 30, 2017
$201,760
Pro'ected Revenue from FY 2017-18
$125,000
Type of Cost
BP NOW Publication (bi-monthly)
43,000
Street Market & Fair
52,760
Staff Cost Reduction for Street Market & Fair by Contracting Safety
(15,000)
Services
Concerts in the Park
34,000
4 of July S ectacular
49,000
Hometown Hero Milqaa Banner Pro am**
$8,000
Recommendations Sub -Total
$171,760
Proiected Remaining Fund Balance
$155,000
* Carry over from prior fiscal year.
ATTACH M ENT «A„
Business Improvement Fees Activities on Current Rate for Fiscal Year 2017-18
BUSINESS IMPROVEMENT TAX BUDGET
Projected Fund Balance as of June 30, 2017
$201,760
Projected Revenue from FY 2017-18
$ 75,000
Program Cost:
BP NOW Publication -Quarterly
30,000
Street Market & Fair
52,760
Staff Cost Reduction for Street Market & Fair by Contracting Safety
Services
(15,000)
Concerts in the Park
34,000
Cancel 4 of July
Hometown Hero Military Banner Program*
$8,000
Recommendations Sub -Total
$109,760
Projected Remaining Fund Balance
$167,000
* Carry over. from prior fiscal year.
ATTACHMENT "A" (Continue)
ORDINANCE NO. 842
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK ESTABLISHING A
CITYWIDE BUSINESS IMPROVEMENT AREA IN
THE CITY OF BALDWIN PARK.
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That the City Council of the City of
Baldwin Park hereby finds, determines and declares as follows:
a) That pursuant to Section 36500 et seq. of the
Streets and Highways Code of the State of
California, the City Council adopted, on
August 18, 1982, that certain Resolution
No. 82-74, dated August 18, 1982, entitled,
"A Resolution of the City Council of the City
of Baldwin Park Declaring its Intention to
Establish a Citywide Business Improvement Area
in the City of Baldwin Park", and caused said
resolution to be duly published and mailed as
provided by law.
b) That a public hearing concerning the formation
of said Citywide Business Improvement Area
(hereinafter "Area") was held on September 15, 1982,
at the hour of 7:00 P.M. in the City Council
Chambers of the City Hall of the City of Baldwin
Park.
c) That at said hearing all written and oral protests
made or filed were duly heard, evidence for and
against the proposed action was received, and a
full, fair and complete hearing was granted and
held.
d) That all protests, both written and oral, were
duly overruled and it was determined by the
Council that there was no majority protest within
the meaning of said Streets and Highways Code,
Section 36500 et seq.
e) That the public interest, convenience and
necessity require the establishment of the
proposed Area.
f) That businesses conducting their activities within
the Area will benefit by the expenditure of funds
raised by the charges as contemplated by said
Section 36500, et seq.
SECTION 2. ESTABLISHMENT OF AREA. Pursuant to
Section 36500 et seq. of tbe. Streets and Highways Code of the
State of California, a business improvement area designated as
the Citywide Business Improvement•Area of the City of Baldwin
Park is hereby created and established.
SECTION 3. DESCRIPTION OF AREA. The Area shall
include all of the territory within the exterior boundaries of
the City of Baldwin Park, as the same exist on the date of
adoption of this Ordinance.
Ordinance No. 842
Page 2
,°iiUTICN4, SYS' T74 OF 010(7.S. 'Me follawing
,
char esi adcl timi, r a.
g � s��as+� �irasc tax reTrlred by
the Mxiicipal Code, sl iall be levied capon those classes of
lausi'aesses 4ai h aro a-a)t exenpt by law and W-aich fire con&Wtixag
their activities within such Area.
CL.`"SIiTI"4TION OF TUSU @'','MS S
CLASS A
Hospitals
Manufacturing Operations
Morticians
Wholesale Operations
X-ray Laboratories
All other similar uses
AM)Rr OF' ANNUAT., aTARC S
An annual charge equal to sixty
percent (6(r/) of the
City 'ts,hiss license tax
applicable to each respective
business.
CLASS B
Accountants An annual charge equal to
Appraisers seventy-five percent (75%)
Architects of the City business license
Attorneys at Law tax applicable to each
Auditors respective business.
Auto Repair Operators
Bacteriologists
Chemists
Chiropodists
Chiropractors
Collection Agencies
Contractors
Dentists
Detective Agencies
Engineering Consultants
Entomologists
Geologists
Oculists
Opticians
Optometrists
Osteopaths
Physicians
Physiotherapists
Private Patrol Officers
Public Bookkeeping,
Accounting and Income
Tax Services
Real Estate Brokers
Service Stations
Surveyors
Veterinarians
All other professions
licensed and regulated
by the State of C li.fo 'd,a
and not specifically other-
wise classified herein
All businesses with business
address outside Area but
licensed by City to conduct
business within Area with
the following exceptions:
i
(1) Such businesses
included under A
above;
(2) Advertising Agencies,
included under C below;
(3) Newspaper Publishers,
included under C below.
All other businesses not included
wi.ttain Class A or B, including
the following:
Advertising Agencies
Antique Stores
Appliance Stores
Auctioneers
Automobile Dealers
Automobile Supply Stores
Auto Wrecking Yards
Bakeries
Barber Shops
Bars
Beauty Shops
Billiard and Pool Halls
Book Stores
Bowling Alleys
Cafes
Carnivals and Circuses
Clothing Stores
Dance Halls
Deliveries
Ordinance No. 842 ,
Page 3
An annual charge equal to
ninety percent (%%) of the City
business license tax
applicable to each such
respective business
Department Stores
Dry Cleaning Establishments
iploymmxt Agencies
Fl,c:r Shops
Food Stores
Furniture Stores
Gift Shops
Glass Strops
Hardware Stores
Hotels and Motels
Ice Vendors
Junk Dealers
Laundrow is
Liquor Stores
Locksmiths
Massage Parlors
Newspaper Publishers
Paint Stores
Pawn Stops
Personal and Real Estate
Loan Agents and Agencies
Pet Stops
Pharmacies
Photography Studios
Printers, Silk Screen and
Graphic Arts
Radio and Television Operations
Rental/Leasing Companies
Restaurants
Retail Drug Stores
Second-hand Dealers and Stores
Self-service Car Washes
Shoe Repair Shops
Ordinance No. 842
Page 4 -....___._
Solicitors
Tailors
Theatres
Toy Stores
Trade Schools
Trading Stamp Agencies
and Redemption Centers
All other businesses involving retail
sales and/or similar in use to the above
(a) Lxem -ions. No charges shall be levied upon
the following:
(1) Apartments, rest homes, rooming houses,
and trailer parks;
(2) Public utilities;
(3) Any business required to have a business
license for a home occupation within the
meaning of the City zoning regulations;
(4) Any organization required to obtain a permit
to conduct bingo games
(b) Payment of Charge. The charge hereby levied
shall be due and payable and shall be paid at the
same time and in the same manner that the business
license imposed by the City Code is due and payable.
(c) Pa nent Prereguisite to License.
(1) No business license shall be issued pursuant
to the Baldwin Park Municipal Code unless
the business license charge hereby imposed
is paid together with the business license
payable pursuant to the said Code; and
(2) A business license shall be considered
unpaid and penalties shall be assessed upon
the total amount at the rate specified in
Article IV, Chapter 1, Section 4020 of the
Municipal Code, until such time as both the
business license tax and the charge are paid.
(d) Multiple Businesses.
(1) Where one owner has multiple businesses in
the same class or combinations of two or
more of the above classes, all of which are
at the same location: The total charge for
that location under this Ordinance shall be
the highest charge of any one of those
businesses when considered individually
according to their classifications herein.
(2) Where multiple owners have businesses in
the same class or combinations of two or
more of the above classes, all of which are
at the same location: The total charge to
each owner under this Ordinance shall be the
highest charge of any one of the individual
owner's businesses at the location when
considered according to their classifications
herein.
(e) Maximum Assessment. No ammal charge levied in accordance
wj t.' to : ys t moi" charges defined herein shall exceed
0A n
Ordinance s4
Page
(f) Now Bus ines ses C ha e Exemption. Any proposed
to s r r r mm j T11 for an exemption of the
charge fee. The procedure for such waiver shall
be established by resolution of the City Council.
(g) CTransferabilit. There shall be no
additional charge for any business which
transfers the same business to any location
within the Area.
(h) Refusal to Pay Char e. No person shall fail or
refuse to pay the additional business license
charge imposed.
(i.) Statement of Char e Biu . A written statement, on
._�
such 6116—im s may be required or furnished by the
City Manager, shall be filed when the charge is
paid.
SECTION 5. VOLUNTARY CONTRIBUTION. Any business
which is exempt from the payment of tae-ek-ar9''e by reason of the
provisions of the Constitution of the United States or the State
of California or by business class exemption as designated in
(a) above, may make voluntary contributions to said Area for the
purposes provided in this Ordinance.
SECTION 6. USE OF REVENUES. Uses of revenues
derived from charges imposed pursuant to this Ordinance shall be
limited to the following:
(a) decoration of any public place in the Area
(b) promotion of public events which are to take
place on or in the Area
(c) furnishing of music in any public place in the
Area
(d) the general promotion of business activities
in the Area
SECTION 7. FUND. There is created a special fund
designated as "Citywide Business Improvement Area Fund" into
which all revenues derived from charges and contributions under
this Ordinance shall be placed and such funds shall be used
only for the purposes specified in this Ordinance.
SECTION 8. EXPENDITURES. The City Council shall
annually approve a budget to include an estimate of expenditures
to be made from the Citywide Business Improvement Area Fund to
carry out the purposes of this Ordinance.
SECTION 9. CITY COUNCIL ADVISORY COMMITTEE. For
the purpose of advising the City Council, making recommendations
to them on the operation and extent of the Area, the methods and
ways in which the revenue derived from the levy of the special
business license charge imposed by this Ordinance might be used,
and performing such other powers and duties as the City Council
may determine, a City Council Advisory Committee shall be
established by Resolution of the City Council.
SECTION 10. AMENDMENTS. Businesses within the Area
established by this Ordinance sha11 be subject to any amendments
to Section 36500 et seq. of the Streets and Highways Code.
SECTION 11. EFFECTIVE DATE. This Ordinance shall
apply to business license'---Ea.....s -f—ev „,.
pp y taxes levied for the calendar year 1983
and each year thereafter and the additional charges imposed by
this Ordinance shall be due and payable from January 1, 1983.
.. --- nu��� nmimuuuouuuuuuuuuuuuuuuuRRRNNNtltltluur p IIIIIIIIIIIIII�IIIIIIIIIIIIIIIIVIIIIIIII�IIIIIIIIIIIIIIIV IVVVV��
SEC"1`I(XN 1.2. If Garay Section, Sentence, claarse or
phrase of this Ordinance is, for aa°ay reason„ held by a: court
of c,or,alaeterat jurisdiction to be invalid, such decision shall
not, affect they validity of the remaining portions of this
Ordinance. the City Codicil of the City of Baldwa.ra P:ar]< hereby
declares that it would have passed and aloes hereby paLK s this
section and each sentence,, section,, clause maid phrase hereof,
irrespective of the .Fast that any one or nau re sections, sentences,
clauses, or phrases 1,,)e declared inv::alicl or unconstitutional.
SECTION 13. That the City Clerk shall certify to
the adoption of this Ordinance and eaaaase the same to be published
in the manner prescribed by law.
PASSED AND APPROVED this 17th
ATTEST
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss:
CITY OF BALDWIN PARK )
day of November , 1982.
1, LINDA L. LAIR, City Clerk of the City of Baldwin Park
do 'hereby certify that the foregoing Ordinance No.. 812 was
regutaarly introduced and placed upon ;its first readiiigy at as regular
meet.hr,8 of the City Council on the Ord day of November , 1982.
That, thereafter, said Ordinance was duly adopted and passed at a
regular meeting on the 17th day of November ,, 1,982, by the
following vote:
AYES: COUNCIIM IN
NOES: COUNCILMEN xrrar_
ABSENT: COUNCILMEN
ITEM NO. 14
STAFF REPORT
r
t TO: Honorable Mayor and City Councilmembers
Nr FROM: Sam Gutierrez, Interim Director of Public Works ,
s� o sI, L DATE: May 17, 2017 (Carried over from May 3, 2017)
14, ;vG,,
SUBJECT: DIRECTION AND APPROVAL OF THE DESIGN FOR THE
BALDWIN PARK TRANSIT BUS WRAPS AND THE BALDWIN
PARK COMMUTER CONNECTOR EXPRESS LINE TRANSIT
BUS MODEL
SUMMARY
This item seeks City Council direction and approval of the design for the Baldwin Park Transit Bus Wraps
and the Baldwin Park Commuter Express Line transit bus model.
FISCAL IMPACT
These items will have no impact on the General Fund. Funding for these items are as follows:
Bus Wra s Amount
Pro A $13,000
Southland Transit Contribution � � $5 �,200
... ....._...........,... ...................w. Total
$18,200
Commuter Connector Eess Line BusesmAmount
Metro ExpressLanes Net Toll Revenue Reinvestment Grant Program $550,000
(Total gjaAted amount is $700,395.00)
Total $550,000
RECOMMENDATION
It is recommended that the City Council:
1. Select and approve a bus wrap design for the Baldwin Park Transit Buses; and
2. Select and approve a transit bus model for the Baldwin Park Commuter Connector Express Line
BACKGROUND
In October 2014, the City was awarded a Metropolitan Transportation Administration (MTA) Call Grant
funds for the purchase of transit buses to replace existing buses. On March 16, 2016, the City Council
authorized the purchase of five (5) Compressed Natural Gas (CNG) The newly purchased buses were
delivered and deployed in June 2016.
Currently, the buses are white in color and display a small city logo on the sides and front. Staff has been
working with Southland Transit on several low-cost graphic options to wrap onto the buses in an effort to
enhance the look of the fleet while promoting a sense of community. Three shuttle bus wrap options will
be presented to the City Council. Upon selection of a design, staff will order the new buses wrapped, and
will phase-in the wrap work on the existing bus fleet so as not to adversely impact our transit services. It
is anticipated that wrap work will be completed by June 2016.
Selection of Bus Wrap Design and Commuter Connector
Express Line Bus Model
Page 2
The Commuter Connector Express Line Project was awarded funding via the 2013 Los Angeles County
Metropolitan Transportation Authority (Metro) ExpressLanes Net Toll Revenue Reinvestment grant
program. This Project seeks to provide a direct expansion to the City's existing circulator shuttle. The
objective is to shuttle business and medical commuters quickly from the Transit Center and Metrolink
Station to the City's main business centers south of the 1-10 Freeway. Three shuttle bus options will be
presented to the City Council. The selected design will be incorporated into the project's feasibility study.
LEGAL REVIEW
None Required.
ALTERNATIVES
1. The City Council could provide an alternative direction for the bus wrap design. The Council can also
choose not to select a design at this time.
2. The City Council could choose not to select a transit bus type and ask staff to provide alternative
options. The Council can also choose to forgo the Commuter Connector Express Line Project
altogether, however this result in the loss of the Metro ExpressLane Toll Grant Funds.
ATTACHMENTS
1. Bus Wrap Options
2. Commuter Connector Express Line Bus Options
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ITEM # 1-13
STAFF
TO: Honorable Mayor and City Councilmembers
OURI FROM: Sam Gutierrez, Interim Public WorTHE ks fir cto��' .
(AN
Amy L. Harbin, AICP, City Plai ALBEY DATE: May 17, 2017
J�0 SUBJECT: A REQUEST FOR DIRECTION FROM THE CITY
COUNCIL REGARDING EXISTING ON-CALL PROFESSIONAL
SERVICES FOR THE PUBLIC WORKS DEPARTMENT AND
COMMUNITY DEVELOPMENT (BUILDING) DEPARTMENT.
SUMMARY
This report requests that the City Council provide direction regarding the current on-call
professional services agreements with Infrastructure Engineers, Vanir Construction Management
and La Canada Design Group, which are set to expire on June 19th, 2017. The professional
services involved include the following:
A. Public Works Project Management
B. Civil and Traffic Engineering Design Services
C. Construction Management
D. Inspection Services for Engineering Projects
E. Land Surveying
F. Landscape Architecture Design Services
G. Pavement, Geotechnical and Materials Testing Services
H. Environmental Document Services, Community Relations/Public Outreach
Services
I. Labor Compliance Services
J. Building Plan Check
K. General Building Official Services
L. Architectural Design Services
RECOMMENDATION
Staff requests that the City Council provide direction:
1) Prepare and circulate an updated Request for Qualifications (RFQ) for General
On -Call Professional Consulting Services for the areas noted above and extend
the existing on-call professional listing until such time that the RFQ process is
complete and a new listing for on-call professional services is established; OR
2) Extend the existing on-call professional listing until June 30, 2019, an additional
two (2) years.
FISCAL IMPACT
These agreements in and of themselves do not have any fiscal impact on any City fund. These
agreements only pre -approve consultants that may be used on an on-call basis.
On -Call Professional Services
May 19, 2017
Page 2
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content -
BACKGROUND
On June 18, 2014 the City Council approved a list of Consultants/Consulting Teams to be on-call
for a variety of professional services. This list was the cumulation of an exhaustive process that
began on April 22, 2013 and resulted in over 70 qualification packages being submitted. The
final listing of engaged consultants includes the following:
1) 1"fi-astruchn-c Engineers for Civil and Traffic Engineering Design Services,
Project Management, Construction Management, Inspection Services for
General Engineering Projects, and Land Surveying Services; and
2) Vanir Construction, Managj-�� ' 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 an4l
Public Outreach Services, Grant Writing Services, and Labor Compliance
Services; and
3) for Architectural Design Services.
On September 2, 2015 the City Council approved an amendment of the General on -Call
Professional Services Agreements with the three (3) firms which were originally approved on
June 18, 2014. Approval of the item added Building Inspection, Plan Checking and Contract
Administration, including value engineering, construction review and quality control to the
services to be provided by Infrastructure Engineers and made changes to the compensation
section of all three (3) agreements.
NELO= ��
A. All task orders issued to the Consultant shall be authorized by the City's Chi
Executive Officer or his designated Director and agreed by the Consult
The task order must specify the scope of work, duration of the task assigne
and the amount of compensation, and shall not exceed one -hundred twe
thousand dollars ($120,000) unless approved by action of the City Council.]
B. City agrees to compensate the Consultant for each service which consultant
performs to the satisfaction of the City in accordance with the scheduled
Hourly Rate and Price Sheet set forth in Exhibit A of the Agreement.
Payments will be made only after submission of milestone work product and
submission of proper invoices in forms specified by the City.
CAAmy\AMMORDReports\Council Reports\On-Call Professional Services PW Ping Bldg doe
On -Call Professional Services
May 19, 2017
Pave 3
C. Additional Services. No claims for additional services performed by
SERVICE PROVIDER which are beyond the scope of issued task orders shall
be paid by CITY.
It should be noted that staff could not locate the signed originals or signed copies of the
amendments approved by the City Council on September 2, 2015 for Vanir Construction
Management or La Canada Design Group.
DISCUSSION
The City needs specialized consultants to assist with it various cuffent and future capital
improvement projects and some day to day tasks such as building plan check. By pre -qualifying
consultants to be utilized on an on-call basis, the two to three months traditionally used in
soliciting consultants through a specific RFQ/RFP process is eliminated on the front end of each
project. Every project assigned to a consultant will still require a separate written scope of work
and contract. Dependent upon the overall value of the contract, approval would be by the
Department Head, Chief Executive Officer, or the City Council.
1) Extend the current Professional Services Agreements for an additional two (2) years.
This would eliminate the time necessary to prepare/modify a Request for
Qualifications, review the submittals, conduct reference checks, and prepare reports
with recommendations to the City Council by approximately 3-6 months. New
Requests for Services would be prepared for the beginning of the new fiscal year,
July Is', and some of the items contained in the Dew Request for Services (RFS)
would be renegotiated per each RFS.
F.) Extend the current Professional Service Agreements until a Request for Qualifications
is circulated, staff reviews submittals, conducts reference checks, etc. This woulLi
enable the City to gauge the level and cost of services to today's standard.
ALTERNATIVES
The City Council may choose not to select between the staff suggested options at this time and
direct staff to bring the item back for consideration at a later date. However, with the expiration
of the agreements fast approaching, this action is not recommended as it will have an adverse
effect on continuation of these important services.
ATTACHMENTS
#1, Professional Services Agreement & Amendment with Infrastructure Engineers
#2, Professional Services Agreement & Amendment with Vanir Construction Management
#3, Professional Services Agreement & Amendment with La Canada Design Group
CAArnykAMY\W0RD\ReportskCounci1 Reparts\On-Call Professional Services PW Ping Bldg doc
ENGINEERS
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 fiuther 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. ccVpe_ of grvic s: 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. CAy 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. ;°onsul affl Mresent tive. For the purposes of this Agreement, Sid Mousavi 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) subconsultant/s are -lis 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. Ilerrnits and Ucerises. 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.
20. 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 One Million
Dollars ($1,000,000) 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 One Million Dollars ($1,000,000) 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 One Million Dollars
($1,000,000) 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 n6 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:
Attn: Director of Public Works
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. 2"' Street, Suite 1000
If to CONSULTANT:
Attn: Sid Mousavi
1815 Easst Heim _A e.. Ste. 100
Orange, CA 29865
Telephone: (71.4) 940-0100
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. PROFHBITION 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
Manuel "r311.
Mayor
ATTEST:
City Cl 1xkIPW
APPROVED AN TO
Robert '"ra 'c)YE
City Attorney
CONSULTANT:
By:...,.
President, Chief Executive Officer
By:
[insert name and title -FYI IT TAKES TWO
SIGNATURES TO BIND A
CORPORATION]
Exhibit A
Consultant's Fee Schedule
2014 HOURLY RATE SCHEDULE
INFRASTRUCTURE
As of May 1, 2014
ENGINEERS
Principal in Charge
$185
Interim City Manager
$185
Assistant/Deputy City Manager
$155
Civil Engineering
pro rim Management
Project Manager
$149
Project Director
$165
Geo -Technical Engineer
$139
Program Manager
$139
Senior Engineer
$129
Sr. Program Coordinator
$100
Senior Plan Check Engineer
$129
Program Assistant
$69
Engineering Associate
$98
Engineering Assistant
$85
Municipal Engineering Support
Engineering Technician
$80
CAD Manager
$119
City Engineer
$149
CAD Operator
$85
City Traffic Engineer
$140
Deputy Engineer
$129
Traffic Engineering
Dep. City Traffic Engineer
$135
......
Plan Checker
$129
Principal Engineer
$149
CIP Manager
$129
Senior Traffic Engineer
$129
Traffic Engineer
$119
Building & Safety
Plan Checker
$105
Engineering Associate
$98
Building Official
$139
Engineering Assistant
$85
Plan Check Engineer
$130
Engineering Technician
$79
Senior Building Inspector
$89
Transit Planner
$120
Building Inspector
$79
Technician
$69
�ing
Clerical
Project Manager
$149
Survey Analyst
$129
Organizer/Supervisor
$95
Plan Checker (subdivision & survey Document)
$129
Clerk Typist
$69
_ Construction Management
�Otheer Charges
Construction Manager
$149
Delivery
$65
Resident Engineer
$129
Mileage
$0.601MIle
Scheduler/Controller
$98
Travel
Cost + 15%
Senior Inspector
$75
Reimbursements
Cost + 15%
Inspector
$69
Technician
$70
Labor Compliance
$79
Additional billing classifications may be added to the above list throughout the year as new positions are created. The above schedule Is For straight
time. Overtime will be charged at 1.5 times. Sundays and holidays are charged at 2.0 times the standard time.
AMENFAMENIA"O AGREEMENT FORSE'RNIICES
This wincilds, We Agreement N em red into on the IRM day orJone, 2014 by -,nid between
the Chy or Baldwin Park ("CITY") and,
A, Additional Scope or\Vork
L CITY has doorinined Mat it requires [lie rollowilig prolessional service=s firoill it
SE,RVKM PROWDEW
tldk!g
sere a tee -men
1 SERVICE PROVIDER repritsens that h is (idly gialiMed to purkilri such
prol'essional services by virtue arils expoicrice and die training, education and expertise of-ils
principals and employees, SERVICH PROVIL)ER fliaher mpineswils that it is willing to accept
responsibility for puln"Kig such services in accordance with [lie wrin'; and conditions or the
Agreement.
B. Change in Compensation
Remove seclion T Cirripulualion and replace U with We Qdhwhg:
7. COMI"ENSATION
It All Wit orders issued to [lie Consultwinl shall be authorized by the
City's Chief ]xceutive Officer or his designated Director and
agreed by the COVISAM111. The task order unisl specify the scope Of
work, duration of' file lack assigned, and the amount or
compensation, and shall no( exceed one -hundred nvolly thousand
dollars ($120.000) unless approved by aclion of file City Council.
R. My agrees W compensate the Consultaril flor c;ich service which
Consultant puforim, to the satkIlhelion or the Uy in auni-dwilue
111C SChMLlIG(I I hudy Rates anti Price Sheet set Ihi M in Exhibit A
oflhe Agreement. Payments will be, made, Only afler sublilissicyll or
InliICS101le work I)MLILld and SUbMil,`si011 n1' proper iJlV0i1CCS in the
1,61111s specified by the Chi City's Chief' `Xecutive Officer shall
provide City Coattail whit cNartedy reports of congmMon paid
to Consullant.
C. A kpiwl,Sqrv!ces. No claims for additional services performed
by SERVICIA PROVIDER which are beyond file scope or issued
WA, orders shall he paid by CITY,
TO EPFECTUAI'E THIS AMITNIMEraTO THE AGREENIENT,Ihe parties have
cal,RNMI their duly ouborized impimserlw1bes to execoW fibs Agi-emnal an be dabs wt kah
below.
IN WITNESS WH R 3REOF, (lie partics have exomed this Agreenioni as of flic dale first
wliuw above.
CITYOF BALDWIN PARK
ATTEST:
City Clerk
MOU it /it 11T,
SERVIC11i FROVIDER-
. . ........ .
unme culd title
Date
By........ .....
same and title
MANAL EM-EN rr
This Agreement is entered into this 19th day of June, 2014 by and between the City of Baldwin
Park ("CITY") and Vanir Construction Management, Inc., 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:
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. 49
Page 1
C. "Commencement Date" June 19, 2014
D. "Expiration Date": June 19, 2017
2., CONSULTANT'S SERVICES
A. 5 o Sic �c 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 ' ail 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. it �prseniati;ve. 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. Consultani Re,1aresentative. For the purposes of this Agreement, Sain Yu. Area Mann
LAslEociate, 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. Q
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) 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.
WMEMIAMBILAMMAMS"I19011%►Na
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. 0
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.
IT►�K�7►1�11
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 tertnination of this Agreement.
13. CONFLICTS OF INTEREST
CONSULTANT hereby warrants for itself, its employees, and subcontractors that those persons
Z1
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, employees, attorneys, servants, 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, subcontractors, 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, and employees.
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, and employees 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, subcontractors, 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. 9
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 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, employees, attorneys, servants, successors and assigns as
additional insured. All of the policies shall contain an endorsement providing that the policies cannot be
canceled or reduced, except ten (10) 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 and employees 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 and subcontractors, 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, and other persons
necessary or incidental to its operation are insured.
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.
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.
9
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 MA.IEURE
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:
Attn: Director of'Public Warks
14403 E. Pacific Avenue
Baldwin Park, CA 91706
Telephone: (626) 813-5251
If to CONSULTANT:
Attn: John.. Kt na rend
W40 Duck aoan lDl y ,5gite 300
atragx 95834
Telephone:. 9
(�16 575-8888
Mr
With a courtesy copy to:
Robert Tafoya, City Attorney
Tafoya and Garcia
316 W. tad Street, Suite 1000
Los Angeles, CA 90012
Telephone: (213) 617-0600
email: Robert@tafoyagarcia.com
Facsimile: (213) 626-0078
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.
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
v'
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.
0
..... . ...... . ..... ... -'"'
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written
above,
CIT F - RAT, 1� PARK
Matwel Lozano.
Mayor
("'orANT:
By: John A!, Ku—prenas
President
By: I . . . ....... . ...............
A-kx-A Q0
Senior Vice President & Chief Financial
Officer
Exhibit A
Consultant's Fee Schedule
VANIR CM, Inc.
2014 BILLING RATES BY CLASSIFICATION
Classification Hourly Rates
Principal
$245
Sr. Project Manae�/Professional _._. .._
_ $204
Sr. Project/Construction Manags..m
$184
Senior Engineer/Professional_ _
$173
Pro•el ct/ Construction Manager
$158
SPr.
oleo Controls En ineerww$170 r.
Contracts Administrator
$145
Project Controls EnOineermmr�mr
$148
Scheduler/ Estimator
$133
Project Engineer/Professional
$133
Associate Engineer/Professional
$117
Assistant Engineer/Professional
$99
Sr. Inspector
$138
Ins ector
S128
Systems Integrator
$137
S stems Su ort
$95
CAD Designer
$99
CAD O e�rator _ -
$87
Sr. Technical support
$107
Technical support
$87
Document Control Specialist
Administrative Assistant
Word Processing/Clerical
$92
$87
$73
i
This amends the Agreement entered into on the 18th day of June, 2014 by and between
the City of Baldwin Park ("CITY") and Vanir Construction Management ("SERVICE
PROVIDER").
A. Change in Compensation
1. Remove section 7. Compensation and replace it with the following:
A. All task orders issued to the Consultant shall be authorized by the
City's Chief Executive Officer or his designated Director and
agreed by the Consultant. The task order must specify the scope of
work, duration of the task assigned, and the amount of
compensation, and shall not exceed one -hundred twenty thousand
dollars ($120,000) unless approved by action of the City Council.
B. City agrees to compensate the Consultant for each service which
Consultant performs to the satisfaction of the City in accordance
the scheduled Hourly Rates and Price Sheet set forth in Exhibit A
of the Agreement. Payments will be made only after submission of
milestone work product and submission of proper invoices in the
forms specified by the City.
C. Additional Services. No claims for additional services performed
by SERVICE PROVIDER which are beyond the scope of issued
task orders shall be paid by CITY.
TO EFFECTUATE THIS AMENDMENT TO THE 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 SERVICE PROVIDER:
Manual Lozano, Mayor
Date
ATTEST:
City Clerk
Date
By:
name and title
Date
By:
name and title
Date
Bgliriq
", M-191 1111,111 I'll
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is entered into this 19th day of June, 2014 by and between the City of
Baldwin Park ("CITY") La Canada Design Group, 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. 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 qpj f . Serviice , 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. !�..i� Re e-sentative. 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 ReDresent.ative. For the purposes of this Agreement, Lance Bird,
[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) 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. Prnii s and L.iecnse. 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.
b. TERM OF AGREEMENT
This Agreement is effective as of the CommencementDate 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 nal ervic s. 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 maximun 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, 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
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 One Million
Dollars ($1,000,000) for each occurrence and in the aggregate for any
personal injury, death, loss or damage.
2. Automobile Liability Insurance for any non -owned or hired vehicle used in
connection with the performance of this Agreement with minimum limits of
One Million Dollars ($1,000,000) 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 One Million Dollars
($1,000,000) 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 .Agreetnent 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:
Attn: Director of 1' ubli c Works
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
If to CONSULTANT:
Attn: Lance Bird
630 N.. Rosemead Blvd., Suite 400
Pasadena, CA 91107
Telephone: (62.6) 351-4301
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 LAR'; 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 he 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-,, By:
Citt;y 1irk.
APPROVED AS TO FOR
RobertTafoya........................................... �.......�...�....� _......
City Attorney
Lance Bird, President .._�
['insert name and tale]
ala 1 Zarkesh, Vice President
linsert name and title FYI IT TAKES TWO
SIGNATURES ' TO BIND A
CORP TION]
Exhibit A
Consultant's Fee Schedule
0,14J, '�, 7� MT,v
City of Baldwin Park General Ork�all Archhectural Design Services I Section 6 - Standard Billing Rate Schedule 1 0
LA CANADA DESIGN GROUP
HOURLY RATE SCHEDULE:
Designer - $90-$120
Job Captain - $125-$145
Proj. Architect/PM. - $155-$170
Principal - $230
The above labor rates are effective through, December 31, 2014. The rates may
be adjusted after that date to compensate for labor adjustments and other in-
creases in labor costs.
Reimbursable Expenses
Include travel from LCDG office (using current IRS mileage rates), special ren-
derings or models, photo processing, reproduction, CAD plotting, postage and
courier service, permits and agency fees paid at the request of the Client, and
any required consultants (with client prior approval). Expenses are billed at cost
plus 15% for administration.
Reproduction
All reproduction and deliveries for governing agency submittals and applications,
and other reproduction and related deliveries requested by the Owner, including
check sets, bid documents, etc., shall be billed at cost plus 15% for administra-
tion.
Clty Of Baldwin Park General On -Call Architectural Design Services I Section 6 - Standard Billing Rate Schedule I Cs
10,
STRUCTURAL � war �,r,r,�r,anrw,ev�re�le ra Fcrrs�
w p ,aefinlhTL A07Vi B.:I �, '� JLSP,fdv'4N?'w
STRUCTURAL
& CIVIL
ENGINEERS
STRUCTURAL ENGINEERING SERVICES
j ' U
(Effective January 2014)
Principal
$208.00
220.00
Associate Project Manager
176.00
Project Manager
140.00
150.00
Project Engineer
114.00 -
120.00
Design Engineer
91.00
109.00
REVIT/CAD Manager
107.00
120.00
REVIT/CAD Lead Technician
102.00
REVIT/CAD Technician
91.00
94.00
700 Soulh Flower Street Suite 1800 Los Angeles. CA 90017 T 213 596 4500 F 213 596 4589
mommmmmmommommmommommmmm
City of Baldwin Park General On -Call Architectural Design Services I Section 6 -Standard Billing Rate Schedule •�,
b" &T
�� ON!r � ;,.rte."°" pai x �;ma.�p i,Pel�tw &p�uC at �i r��-1111111
P2S ENGINEERING, INC.
RATE SCHEDULE FOR ENGINEERING SERVICES
ON A TIME AND EXPENSE BASIS
Category
,Rate
PRINCIPAL ENGINEER
$227
ENGINEER GRADE 05
$216
ENGINEER GRADE 04
$210
ENGINEER GRADE 03
$180
ENGINEER GRADE 02
$166
ENGINEER GRADE 01
$147
DESIGN ENGINEER GRADE 05
$180
DESIGN ENGINEER GRADE 04
$166
DESIGN ENGINEER GRADE 03
$147
DESIGN ENGINEER GRADE 02
$130
DESIGN ENGINEER GRADE 01
$115
DESIGNER GRADE 04
$123
DESIGNER GRADE 03
$115
DESIGNER GRADE 02
$107
DESIGNER GRADE 01
$101
CAD/BIM DESIGNER GRADE 04
$102
CAD/BIM DESIGNER GRADE 03
$93
CAD/BIM DESIGNER GRADE 02
$82
CAD/BIM DESIGNER GRADE 01
$76
PRODUCTION ASSISTANT $76
In addition, for direct out-of-pocket expenses (if and when they occur) we quote the following:
1) Automobile:
at current IRS rate per mile from home office for travel
outside Los Angeles and Orange Counties
2) Travel Expense:
at Cost
3) Per Diem:
While away from home office for more than 1 day: at
Cost, but not to exceed $250 per day per person.
4) Plan Check Fees:
at Cost plus 10% markup
5) Third Parry Services:
at Cost plus 10% markup
• Printing and copy services
• Consultant and subcontract professional fees
• Surveying / Soils Investigation
• Testing Laboratory Work
[,6M13iL.l Y�lMIT
Professional Liability $ 2,000,000.
General Liability $ 5,000,000.
Effective January 1, 2014
RT -214
CRy of Baldwin Park General On -Call Architectural Design Services I Section 6 - Standard Billing Rate Schedule I rw
This amends the Agreement is entered into on the 18th day of June, 2014 by and between
the City of Baldwin Park ("CITY") and La Canada Design Group ("SERVICE PROVIDER")
A. Change in Compensation
Remove section 7. Compensation and replace it with the following:
A. All task orders issued to the Consultant shall be authorized by the
City's Chief Executive Officer or his designated Director and
agreed by the Consultant. The task order must specify the scope of
work, duration of the task assigned, and the amount of
compensation, and shall not exceed one -hundred twenty thousand
dollars ($120,000) unless approved by action of the City Council.
B. City agrees to compensate the Consultant for each service which
Consultant performs to the satisfaction of the City in accordance
the scheduled Hourly Rates and Price Sheet set forth in Exhibit A
of the Agreement. Payments will be made only after submission of
milestone work product and submission of proper invoices in the
forms specified by -the City.
C. Additional Services. No claims for additional services performed
by SERVICE PROVIDER which are beyond the scope of issued
task orders shall be paid by CITY.
TO EFFECTUATE THIS AMENDMENT TO THE 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.
ma
Manual Lozano, Mayor
name and title
Date Date
ATTEST: By:
City Clerk name and title
Date Date
ITEM NO.
STAFF REPotrr
SAID TO: Honorable Mayor and City Colinci.l.mem erk
AN Huoi•
"'T4 ! FROM: Doug Parnell, Acting Chief of Police
SAWGABRILL.kY May 17, 2017
ALiEy
SUBJECT: FOURTH OF JULY SAFETY ENHANCEMENT STRATEGY
SUMMARY
This report seeks to inform the City Council of the steps to be taken by the Baldwin Park Police Department to ensure a
safe and enjoyable Fourth of July holiday for the entire community.
FISCAL IMPACT
The fiscal impact has not yet been determined. There is an inherent cost with incorporating this into regular working
assignments, as well as enhanced deployment costs as a result of specialized unit deployment. There will also be
additional cost paid with Federal Asset Forfeiture funds.
RECOMMENDATION
Staff recommends the City Council receive and file the Fourth of July Safety Enhancement Report.
BACKGROUND
The goal of the Baldwin Park Police Department is to ensure a safe and enjoyable Fourth of July holiday for the entire
community. We are also sympathetic to the non-profit or faith -based organizations that use this time of year to sell
Safe and Sane fireworks as a major fundraiser for yearly operations. The Police Department will be engaging a multi
point, cooperative education and enforcement plan specifically targeting tt celq r��� �w. for the 2017 holiday
period.
• Code Enforcement - By aggressively addressing overgrown vegetation and weed abatement, we can lessen
the overall fire danger in the community.
• Public Education Campaign - Utilizing the City Website, Police Department Website, Baldwin Park "Now"
publication and the San Gabriel Valley Tribune.
• Cooperative Efforts - Early contact and coordinating efforts with LA County Fire /Arson Investigators to
have a joint PD/Fire enforcement team.
• Directed Enforcement- deployment of officers, citizen informants and other resources specifically targeting
the purchasers and sellers, and users of illegal fireworks.
BPMC § 93.10 (F) allows for the legal sales of safe and sane fireworks from 12 p.m. on June 28, until 12
a.m. on July 5 of each calendar year.
BPMC § 93.09 makes it a Misdemeanor to possess illegal fireworks, with fines up to $500.00 for a third
offense, Per §10.99 BPMC/Penalties.
Health & Safety Code Section 12700 (b) makes it a Misdemeanor to possess illegal fireworks, with fines of
$500 to $50,000 based on weight of Fireworks.
LEGAL REVIEW
Not Applicable.
OPTIONS
1) Receive and file this report.
2) Give further directions as to Council's wishes.
ATTACHMENTS
None.
AGENDA
MAY 17, 2017
7:00 P
REGULAR MEETING
COUNCIL CHAMBER
14403 E. PACIFIC AVENUE
BALDWIN PARK, CA 91706
(626) 960-4011
99
W
rw
601"ANNIVERSARY
Manuel Lozano Chair
Susan Rubio - Vice Chair
Cruz Baca - Board Member
Monica Garcia - Board Member
Ricardo Pacheco - Board Member
PLEASE TURN OFF CELL PHONES AND PAGERS WH/LE MEET/NG /S /N PROCESS
POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS
The public is encouraged to address the Housing
Authority on any matter posted on the agenda or on any
other matter within its jurisdiction. If you wish to
address the Board, you may do so during the PUBLIC
COMMUNICATIONS period noted on the agenda. Each
person is allowed three (3) minutes speaking time. A
Spanish speaking interpreter is available for your
convenience.
COMENTARIOS DEL PUBLICO
Se invita al publico a dirigirse a la Agencia nombrada en esta
agenda, para hablar sobre cualquier asunto publicado en
la agenda o cualquier terra que est6 bajo su jurisdiccibn.
Si usted desea la oportunidad de dirigirse a la Agencia, podra
hacerto durante el periodo de Comentarios del Publico
(Public Communications) anunciado en la agenda. A cada
persona se le permite hablar por tres (3) minutos. Hay un
mt ipt,ptepa.ra s convernencia
Any written public record relating to an agenda item for an open session of a regular meeting of the Finance Authority
that is distributed to the Housing Authority less than 72 hours prior to that meeting will be available for public
inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours
(Monday - Thursday, 7:30 a.m. - 6:00 p.m.)
FINANCE AUTHORITY
REGULAR MEETING — 7:00 PM
CALL TO ORDER
ROLL CALL
Board Members: Cruz Baca, Monica Garcia, Ricardo Pacheco,
Vice Chair Susan Rubio 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 COMISION
No se podra tomar acci6n en alg6n asunto a menos que sea incluido en la agenda, o a menos que exista a1g6na emergencia o
circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas
por personas; o 2) Dirigir personal a investigar y/o fiiar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de
Gobiemo §54954.2]
CONSENT CALENDAR
1. TREASURER'S REPORT — MARCH 2017
Staff recommends that Council receive and file the Treasurer's Report:
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 11th day of May, 2017.
f",,�d�rar�
Alejandra Avila".
Secretary
PLEASE NOTE Caples of staff reports and supporting docaamentabon perlau4ng to each item on this agenda are avallable for,
publics viewing and inspection at City hall, 2"d Floor Lobby Area orat the Los Angeles County Public Dbrmy in the City of Baldwin
Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or, viva e-
mail at �uayit' acx�b,,, ,Ct rNaark.c< ri.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact
the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to
make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll)
ITEM NO. - R
SUMMARY
Attached is the Treasurer's Report for the month of March 2017. 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
LEGAL REVIEW
None required.
RECOMMENDATION
Staff recommends that Council receive and file the Treasurer's Report for March 2017.
BACKGROUND
The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City
Council on a monthly basis.
r
o'
TO:
Honorable Mayor and City Councilmembers
o,
ITI
Rose TamfDirector of FiYFROM: nance
E","'
,
SAW ,GA"ORI�� it
DATE:
May 17, 2017 � �µ
SUBJECT:
TREASURER'S REPORT —MARCH 2017
SUMMARY
Attached is the Treasurer's Report for the month of March 2017. 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
LEGAL REVIEW
None required.
RECOMMENDATION
Staff recommends that Council receive and file the Treasurer's Report for March 2017.
BACKGROUND
The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City
Council on a monthly basis.
INVESTMENT
DESCRIPTION'
State of California Local
Agency Investment Fund
City _
Housing Authority
Certificate of Deposit
Capital One Bank USA NATL ASSN
Wells Fargo Bank NA SIOUX Falls
JP Morgan Chase Bank NA Columbus
Ally Bank Midvale CTF DEP ACT/365
CITY OF BALDWIN PARK
TREASURER'S REPORT
313112017
INTEREST PURCHASE MATURITY
RATE DATE DATE
0.82%
Varies
Varies
0.82%
Varies
Varies
1.15%
911412016
9114/2018
1.95%
9114/2016
911412018
11.15%
9116/2016
911612018
115%
9/17/2016
9/1712018
PAR
CURRENT
BOOK
MARKET
VALUE
PRINCIPAL
VALUE
VALUE
$ 15,292,840.82
$ 15,292,840.82 $
15,292,840.82
$ 15,292,840.82
13,171.30
13,171.30
13,171.30
13,171.30
15,306,012.12
15 306,012.12
15,306,012.12
15,306,012.12
245,000.00
245,000.00
245,000.00
243,583.90
245,000.00
245,000.00
245,000.00
243,623.10
245,000.00
245,000.00
245,000.00
243,610.85
245,000.00
245,000.00
245,000.00
243,564.30
_.�
980,000.00
980,000.00 . .........
880,000.00
974,382.15
Fiscal Agent Funds - City Varies Varies Varies 2,422,295.54 2,422,295.54
2,422,295.54 2,422,295.54
Fiscal Agent Funds - Successor Agency Varies Varies Varies 2,937,030.85 2,937,030.85
2,937,030.85 2,937,030.85
_
$ 21„645m„338.51 $ 21,646,338,611
5,359,326.39 $,___21,639,720.66
Total Investments $
21,645,338.51
Cash
City Checking
5,392,496.22
Money Market Plus
9,029,853.14
City Miscellaneous Cash
45,287.11
Successor Agency
1,240,247.31
Housing Authority
97,773.32
Financing Authority
0.00
Investment Brokerage
4,023.86
Total Cash
15,809,680.96
Total Cash and Investments $
37,455,019.47
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 March 2017 and several depositslwithdrawals 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:
Rose Tam
Director of Finance
AGENDA
�BALDWIN PARK
HOUSING AUTHORITY
MAY 17, 2017
7:00 P
REGULAR MEETING
COUNCIL CHAMBER
14403 E. PACIFIC AVENUE
BALDWIN PARK, CA 91706
(626) 960-4011
SA
r
601HANNIVERSARY
Manuel Lozano
- Chair
Susan Rubio
- Vice Chair
Cruz Baca
- Board Member
Monica Garcia
- Board Member
Ricardo Pacheco
- Board Member
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS
The public is encouraged to address the Housing
Authority on any matter posted on the agenda or on any
other matter within its jurisdiction. If you wish to
address the Board, you may do so during the PUBLIC
COMMUNICATIONS period noted on the agenda. Each
person is allowed three (3) minutes speaking time. A
Spanish speaking interpreter is available for your
convenience.
COMENTARIOS DEL PUBLICO
Se invita al publico a dirigirse a la Agencia nombrada en esta
agenda, para hablar sobre cualquier asunto publicado en
la agenda o cualquier tema que este bajo su jurisdicci6n.
Si usted desea la oportunidad de dirigirse a la Agencia, podra
hacerlo durante el periodo de Comentarios del Publico
(Public Communications) anunciado en la agenda. A cada
persona se le permite hablar por fres (3) minutos. Hay un
001 rete I rT su conveniencia.
„" _. -
Any written public record relating to an agenda item for an open session of a regular meeting of the Housing Authority
that is distributed to the Housing Authority less than 72 hours prior to that meeting will be available for public
inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours
(Monday - Thursday, 7:30 a.m. - 6:00 p.m.)
CALL TO ORDER
ROLL CALL
HOUSING AUTHORITY
REGULAR MEETING - 7:00 PM
Board Members: Cruz Baca, Monica Garcia, Ricardo Pacheco,
Vice Chair Susan Rubio 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 COMISIbN
No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o
circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas
por personas; o 2) Dirigir personal a investigar y/o filar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de
Gobierno §54954.2]
CONSENT CALENDAR
1. TREASURER'S REPORT - MARCH 2017
Staff recommends that Council receive and file the Treasurer's Report:
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 11th day of May, 2017.
Alejandra Avilaw
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, 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) 960-4011 ext. 466 or via e-
mail ata rvi ( t� lcl,vu rrr ar- la coq?.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact
the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to
make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll)
ITEM NO. " I
STAFF REPORT;�' ucy'a ttJ
ATO: Honorable Mayor and City Councilmembers
FROM: Rose Tam, Director of Finance
S ° " DATE: May 17 2017
w�
l . SUBJECT: TREASURER'S REPORT —MARCH 2017
SUMMARY
Attached is the Treasurer's Report for the month of March 2017. 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
LEGAL REVIEW
None required.
RECOMMENDATION
Staff recommends that Council receive and file the Treasurer's Report for March 2017.
BACKGROUND
The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City
Council on a monthly basis.
CITY OF BALDWIN PARK
TREASURER'S REPORT
3/31/2017
..:W_.... _....._.._.___...
m ESTIMATED
INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET
DESCRIPTION RATE DATE DATEVALUE PRINCIPAL VALUE VALUE
State of California Local
Agency Investment Fund
City
0.82%
Varies
Varies
$ 15,292,840.82 $
15,292,840.82 $
15,292,840.82
$ 15,292,840.82
Housing Authority
0.82%
Varies
Varies
13,171.30
13,171.30
13,171.30
13,171.30
15,306,012.12
15,306,012.12
15,306 012.12
15,306,012.12
Certificate of Deposit
Capital One Bank USA NATL ASSN
1.15%
9/1412016
9/14/2018
245,000.00
245,000.00
245,000.00
243,583.90
Wells Fargo Bank NA SIOUX Falls
1.16%
911412016
9/14/2018
245,000.00
245,000.00
245,000.00
243,623.10
JP Morgan Chase Bank NA Columbus
1.15%
9116/2016
9/16/2018
245,000.00
245,000.00
245,000.00
243,610.85
Ally Bank Midvale CTF DEP ACT/366
1.15%
9117/2016
9117/2018
245,000.00
245,000.00
245,000.00
243,564.30
980,000.00
974,382.15
980,000.00
980,000.00
Fiscal Agent Funds - City
Varies
Varies
Varies
2,422,295.54
2,422,295.54
2,422,295.54
2,422,295.54
Fiscal Agent Funds - Successor Agency
Varies
Varies
Varies
2,937,030.85
2,937,030.85
2,937,030.85
2,937,030.85
$. _ 21,645,338.51 $
21,645,338.51
5,359,326.39 $
21,639,720.66
Total Investments
$
21,645,338.51
Cash
City Checking
5,392,496.22
Money Market Plus
9,029,853.14
City Miscellaneous Cash
45,287.11
Successor Agency
1,240,247.31
Housing Authority
97,773.32
Financing Authority
0.00
Investment Brokerage
_
4,023.86
Total Cash
15,809,680.96
Total Cash and Investments
$
37,455,019.47
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 March 2017 and several deposits/withdrawals 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:
Rose Tam
Director of Finance