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2020 01 15 Staff Report
NOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, January 15, 2020 at 5:30 PM. at City Hall — 3rd Floor Conference Room 307, 14403 East Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. I'Ll [exell 11 0 14 ta 1*4 1 N *RATA [Wo -*a 1161011k*4 4 Dated: January 9, 2020. Manuel Lozano Mayor AFFIDAVIT OF POSTING 1, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting of January 15, 2020. Lourdes Morales, Chief Deputy City Clerk AGENDA BALDWIN PARK CITY COUNCIL SPECIAL MEETING Please note time and JANUARY 15, 2020 o�at�on 5:30 PM CITY HALL — 31 Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 oe� H 0F U Bi . SA +GA►B R I EL r 'A V ',"A`' +. 5P� JA14U�'4� Manuel Lozano - Mayor Monica Garcia - Mayor Pro Tem Alejandra Avila - Council Member Paul C. Hernandez - Council Member Ricardo Pacheco - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WH/LE MEET/NG /S /N PROCESS POR FA VOR DE APA CAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al publico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda, agenda, but only on any matter posted on this para hablar solamente sobre asunto publicado en esta agenda. If you wish to address the City Council agenda. Si usted desea la oportunidad de dirigirse al or any of its Agencies, you may do so during the Concilio o alguna de sus Agencias, podra hacerlo PUBLIC COMMUNICATIONS period noted on durante el periodo de Comentarios del Publico the agenda. Each person is allowed three (3) (Public Communications) anunciado en la agenda. A minutes speaking time. A Spanish-speaking cada persona se le permite hablar por tres (3) interpreter is available for your convenience. minutos. Hay un interprete para su conveniencia. CITY COUNCIL SPECIAL MEETING — 5:30 P.M. CALL TO ORDER ROLL CALL: Council Members: Alejandra Avila, Paul C. Hernandez, Ricardo Pacheco, Mayor Pro Tem Monica Garcia and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE 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. 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] OPEN SESSION/STUDY SESSION • Prepare LA— Disaster Preparedness Presentation by Erica Frausto-Aguado from American Red Cross RECESS TO CLOSED SESSION 1. Public Employee Pursuant to Government Code §54957: Position: Pubic Works Manager 2. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6: Agency Designated Representative: Rebecca T. Green, Richards Watson Gershon, Shannon Yauchzee, Chief Executive Officer, and Laura Thomas, Human Resources/Risk Manager Employee Organizations: Baldwin Park City Employees Association (CEA) Baldwin Park Classified Confidential Employees Association (CCEA) Baldwin Park Classified Management Employees Association (CMEA) Baldwin Park Police Management Employees Association (PMEA) Baldwin Park Police Association (POA) Service Employee International Union (SEIU) 3. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Jim Ballesteros Jr. v. City of Baldwin Park Case Name: Hadsell v. City of Baldwin Park Case Name: Salcedo v. City of Baldwin Park Case Name: City of Baldwin Park v. City of Irwindale Workers Comp Case Name:Rudy Augero v. City of Baldwin Park Case Name: Robert Ehlers v. City of Baldwin Park Case No. 18STCV0013 Case No. BC548602 Case No. BC676398 Case No. BS163400 Case No. 1 8STCV00704 Case No. 19-144091 4. Real Property Negotiations Pursuant to Government Code §54956.8: A. Property: 4150 Puente Avenue (CAN 17-06) Negotiating Parties: City of Baldwin Park and Shaun Bershatski, RUKLI, Inc. B. Property: 13111 Spring Street & 428 Cloverleaf Drive (CAN 17-07) Negotiating Parties: City of Baldwin Park and Ming Hong Huang, 428 Cloverleaf, LLC. C. Property: 5117 Calmview Avenue (CAN 17-08) Negotiating Parties: City of Baldwin Park and Victor Chevez and Helen Chau, Casa Verde Group D. Property: 13467 Dalewood Street (CAN 17-09) Negotiating Parties: City of Baldwin Park and Darrin Oganesian and Ryan Oganesian, RD Baldwin Park E. Property: 14837 & 14841 Ramona Boulevard (CAN 17-10) Negotiating Parties: City of Baldwin Park and Phil Reyes, and Alexis Reyes, Organic Management Solutions, LLC. F. Property: 5148 Bleecker Street (CAN 17-12) Negotiating Parties: City of Baldwin Park and Sergio Torres, Enrique Vega and Moses Acosta, Medical Grade Farms BP G. Property: 15023 Ramona Boulevard (CAN 17-13) Negotiating Parties: City of Baldwin Park and Shaun Szameit, Joshua Pierce and Kevin Huebner, Kultiv8 Group, LLC. H. Property: 4621 Littlejohn Street (CAN 17-15) Negotiating Parties: City of Baldwin Park and Teresa Tsai, GSC Capital Group I. Property: 5157 Azusa Canyon Road (CAN 17-17) Negotiating Parties: City of Baldwin Park and Mike Sandoval and Ed Barraza, Elite Green Cultivators J. Property: 5175 Commerce Drive (CAN 17-18) Negotiating Parties: City of Baldwin Park and Linda Thong, Pacific Cultivation, LLC. K. Property: 13450 Brooks Drive, Unit A & C (CAN 17-27) Negotiating Parties: City of Baldwin Park and Jonathan Yuan Kai Lee, Jefferson Liou, and Jerrell Austin Shepp, Cloud Control, Inc. L. Property: 4802 Littlejohn Street (CAN 17-28) Negotiating Parties: City of Baldwin Park and Marco Perez and Ren Yoneyama, VRD, Inc. M. Property: 13460 Brooks Drive (CAN 17-31) Negotiating Parties: City of Baldwin Park and Sigrid Lopez and Artem Karapetyan, Green Health Industries, LLC. N. Property: 1529 Virginia Avenue (CAN 18-01) Negotiating Parties: City of Baldwin Park and Erik Intermill, Esource LLC 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): Three (3) RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION /_1R3[Q1IZl'kl CERTIFICATION I, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park hereby that, certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting of January 15, 2020. Cou&rdes Morales Chief Deputy 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 ore -mail Imorales@baldwingark.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 it) BALDWIN PARK CITY COUNCIL REGULAR MEETING JANUARY 15, 2020 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 '0 1, Ll 0 E Y'�"' h'* �D a �3 ManuelLozano- Mayor Monica Garcia - Mayor Pro Tem Alejandra Avila - Council Member Paul C. Hernandez - Council Member Ricardo Pacheco - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DEAPAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTELA 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 pOblico 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 terra que este bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o a1guna de sus Agencias, podr6 hacerlo durante e/ periodo de Comentarios del POblico (Public Communications) anunciado en la agenda. A cada persona se /e permite hablar por tres (3) minutos. Hay un int6rprete para su conveniencia. Anyi.,willen p,,.,0Lic ,reco.,n-irelatii'ig to an agE�,indaiteiriti,)r, at, open L). :a ncn 1""" P R'Vt';Ut'J U, M6 amy L'uth'Qf totlie City Cotsn(,,,i/ tess ffian 72,lxotirWprior will be alvi:ii'lable inspecficon at Cit,,v hlaflii,, thte City Cl( -k's ol"fice al 4403 E, Pm,,'ific :"Save nu'e, 3nJFloor ds,iring i torn',,al bi-isiness hotlrs (1114"onday 1h, t+. ,ea y, 7:3 0 a,,"kit. - 6 1, 0 0 p, m,) CALL TO ORDER 11�►�I�Za_� i[i7 �I PLEDGE OF ALLEGIANCE ROLL CALL CITY COUNCIL REGULAR MEETING — 7:00 PM Council Members: Alejandra Avila, Paul C. Hernandez, Ricardo Pacheco, Mayor Pro Tem Monica Garcia and Mayor Manuel Lozano REPORT FROM CLOSED SESSION ANNOUNCEMENTS 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 • Introduction of Carol A. Averell — Housing Manager • Oath of Office for newly appointed Baldwin Park Police Officers • Baldwin Park Business Association First Responder Honorees Presented by Terri Muse • E -Bike Pilot Program Presentation Presentation by Public Works Director, Sam Gutierrez 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 algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. (Codigo de Gobierno §54954.21 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. City of Baldwin Park's Warrants and Demands Staff recommends that the City Council ratify the attached Warrants and Demands Register. 2. Treasurer's Report — November 2019 Staff recommends that Council receive and file the Treasurer's Report for 3. Ratify the Retention of Attorney Services It is recommended that the City Council: 1. Ratify the retention of Brownstein Hyatt Farber Schreck; and 2. Direct the City Attorney to acquire the standard retention agreement with this firm; and 3. Authorize the Mayor and City Clerk to execute said agreement approved as to form by the City Attorney. 4. Ratify and Adopt a Resolution to Approve the Creation of a New 401(a) Money Purchase Defined Contribution Retirement Plan for Employer Contributions that are Currently Being Deposited to the City's 457(b) Deferred Compensation Plan Staff recommends that the City Council: 1. Approve Resolution No. 2020-002 for the creation of a §401(a) money purchase defined contribution retirement plan for the purpose of deposit of employer contributions on behalf of eligible employees; and 2. Approve MassMutual as the plan record -keeper and administrator alongside the current 457(b) deferred compensation plan; and 3. Authorize the Chief Executive Officer, as the City's Plan Administrator, to execute the necessary agreements in a form acceptable and approved as to form by the City Attorney. 5. Approval to Enter into a Contract Agreement between the City of Baldwin Park and Los Angeles County — City Planning Grant Implementation of Cities) Baldwin Park, EI Monte, South EI Monte) Homeless Plans Staff recommends that the City Council: 1. Approve the contract agreement between the City of Baldwin Park and Los Angeles County City Planning Grant Implementation of Cities (Baldwin Park, EI Monte, and South EI Monte) Homeless Plans; and 2. Authorize the Director of Recreation and Community Services to execute further documents and reporting. 6. Approval to Enter Into a Contract Agreement between the City of Baldwin Park and Los Angeles County -City Planning Grant Implementation of Cities Homeless Plans Staff recommends that the City Council: 1. Approve the contract agreement between the City of Baldwin Park and Los Angeles County City Planning Grant Implementation of Cities Homeless Plan 2. Authorize the Director of Recreation and Community Services to execute further documents and reporting. City Council Agenda Page 3 7. Approval to Enter into an MOU Agreement between the City of Baldwin Park and California Mental Health Connection Staff recommends that the City Council: 1. Authorize the Director of Recreation and Community Services to execute the Memorandum of Understanding between California Mental Health Connection and the City of Baldwin Park's Teri G. Muse Family Service Center for the use of facility. 8. Adopt Resolution No. 2020-001, "A Resolution of the City Council of the City of Baldwin Park, California, Authorizing Participation in the San Gabriel Valley Council of Governments' (SGVCOG) Bike Share Regional Pilot Program and Approving the Installation of Bike Share Stations at Various Locations Citywide" Staff recommends that the City Council adopt Resolution No. 2020-001, "A Resolution of the City Council of the City of Baldwin Park, California, Authorizing Participation in the San Gabriel Valley Council of Governments (SGVCOG) Regional Pilot Program for Bike Sharing and Approving the Installation of Bike Share Stations at Various Locations Citywide". 9. Approve Final Parcel Map No. 1430 for Lot Merger of Residential Lots 36 & 37 for a Residential Care Facility on Vineland Avenue Staff recommends that the City Council accept the Final Parcel Map No.1430 and authorize the City Clerk and staff to sign the Final Map. 10.Appropriate Additional Funds for Cost Related to the Walnut Creek Nature Park Ph. III Project Close-out It is recommended that the City Council authorize the Director of Finance to appropriate $16,700 from available Quimby Funds (Park Fees), Acct #234-50-520-58100-16185, to cover project close-out shortfall costs associated with the Walnut Creek Nature Park Phase III Project. 11. Prequalification List for Environmental Consulting Services to Allow Expedited Processing Staff recommends that the City Council take the following actions: 1. Approve the list of consultants to be used for Environmental Consulting Services for three years ending January 15, 2023 that includes DUDEK, ESA, Rincon Consulting Inc., Terry Hayes (TAHA), Michael Baker International, Ultra Systems, ECORP, and Eco Tierra; and 2. Upon submittal of a development application, authorize the City Manager to execute agreements up to $120,000 to complete environmental services for a development project. 12.Award of Bid for Project No. CIP20-022 — Maine Avenue Complete Street Improvements, Phase 1 B It is Staff's recommendation that the City Council: 1. Approve and award the contract to Gentry Brothers, Inc. of Irwindale, CA in the amount of $1,715,418.60; and 2. Authorize the Mayor and City Clerk to execute the contract with Gentry Brothers, Inc. for Maine Avenue Complete Street Improvements, Phase 1 B project. City Council Agenda Page 4 13.Award of Proposals for CIP No. 20-4, Re -wire Network Cable Project Staff recommends that the City Council: 1. Approve and award the contract to Data Installers, Inc. in the amount of $37,670.00; and 2. Authorize Mayor and City Clerk to execute the proposal for city network cable infrastructure improvements. 14. Consideration Adoption of Interim Urgency Ordinance Establishing a Moratorium on New of the Expansion of Massage Establishments (Urgency Ordinance) Staff recommends that the City Council waive further reading, read by title only and adopt Ordinance No. 1448 entitled, "AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECLARING A MORATORIUM ON THE ESTABLISHMENT OF NEW AND EXPANSION OF EXISTING MASSAGE ESTABLISHMENTS WITHIN THE CITY OF BALDWIN PARK, AND DECLARING THE URGENCY THEREOF". CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION 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. SA -1 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Treasurer's Report — November 2019 Staff recommends that the Board receive and file the Treasurer's Report for November 2019. SA -2 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Approval of the Recognized Obligation Payment Schedule (ROPS 20-21) for the Period from July 1, 2020 to June 30, 2021 and Administrative Budget Staff recommends the City Council, as governing body of the SA: 1. Approve the ROPS 20-21 for the period of July 1, 2020 through June 30, 2021; and 2. Adopt the Successor Agency Administrative Budget for Fiscal Year 2020-21; and 3. Direct staff to proceed with submitting the final ROPS 20-21 to the LA County First District Consolidated Oversight Board for approval no later than January 21, 2020; and 4. Send the approved ROPS 20-21 to the County Executive Office, County Auditor Controller, the State Controller, and DOF by February 1, 2020; and 5. Instruct staff to post the approved ROPS 20-21 on the City's website. City Council Agenda Page 5 REPORTS OF OFFICERS 15. Review of Commission Applications and Consideration of Appointments/Reappointments to Fill the Scheduled Vacancies for the Planning Commission Staff recommends that the City Council review all commission applications to the Planning Commission and make respective appointments. 16. Reorganization of the City Council — Selection of Mayor Pro Tempore 1. the City Clerk opens the nominations for the office of Mayor Pro Tempore. Any Councilmember may nominate and no second to the nomination is required; and 2. after receiving nominations, the City Clerk closes the nominations; and 3. the City Clerk then conducts the election of the Mayor Pro Tempore by roll call vote. If there is more than one nomination, a roll call vote is conducted in the order in which nominations are received until a Mayor Pro Tempore is elected by majority vote. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS None Listed CERTIFICATION I, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 9t" day of January, 2020. a_�&4 Lourdes Morales, Chief Deputy 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. 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 Imorales@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. TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance DATE: January 15, 2020 SUBJECT: City of Baldwin Park's Warrants and Demands SUMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register. FISCAL IMPACT The payroll for the last period was $1,642,794.15 and the attached General Warrants Register was $1,741,101.55 for a total amount of $3,383,895.70. 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 released since the previous City Council meeting and the following is a summary of the payment released: 1. The last payroll of the City of Baldwin Park consists of check numbers 200639 to 200707. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 18098 to 18938 for the period of November 17, 2019 through December 28, 2019, inclusive; these are presented and hereby ratified in the amount of $ $1,642,794.15. 2. General Warrants, with the checks from 226904 to 227305 in the amount of $1,741,101.55 for the period of November 21, 2019 to December 31, 2019, inclusive; in the total amount of $1,741,101.55 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Check Register L . O 0 0 Ln 0 0 0 0 Ln o 0 0 w w w O tD to o h m - a o 0 0 0 o w m o 0 o O .+ O me n n - - o o w 0 0 0 0 0 W N O O O O V O O N O O N O O O O O O. 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N N N N N N N N N N N N N N N N N N N N N N N N N N ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance (E�— DATE: January 15, 2020 . SUBJECT: Treasurer's Report — November 2019 SUMMARY Attached is the Treasurer's Report for the month of November 2019. 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. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for November 2019. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT 11/30/2019 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIF) City Checking 2,292,810.86 Money Market Plus 133,226.85 City Miscellaneous Cash 129,903.22 City -Including General Fund & all other Special Revenue Funds 2.10% Varies Varies $ 28,492,507.97 $ 28,492,507.97 $ 28,492,507.97 $ 28,492,507.97 Housing Authority 2.10% Varies Varies 13,827.25 13,827.25 13,827.25 13,827.25 28,506,335.22 28,506,335.22 28,506,335.22 28,506,335.22 Certificate of DeOosit Citibank National Association (Mutual Securities) 2.65% 1/25/2019 1/25/2021 250,000.00 260,000.00 250,000.00 253,007.50 Goldman Sachs Bk USA NY (Mutual Securities) 2.25% 1/24/2018 1/24/2020 260,000.00 250,000.00 260,000.00 250,262.50 Sallie Mae Bk SLT Lake City UT (Mutual Securities) 2.25% 1/24/2018 1/24/2020 250,000.00 250,000.00 250,000.00 250,262.50 Morgan Stanley Bank N A Utah (Cantella) 2.64% 4/19/2018 4/20/2020 250,000.00 250,000.00 250,000.00 251,030.00 Barclays Bank Del (Cantella) 3.05% 12/19/2018 12/21/2020 260,000.00 250,000.00 250,000.00 253,835.00 Dividend (Cantella) 3,388.16 1,250,000.00 1,250,000.00 1,250,000.00 1,261,785.66 Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 7,847,469.94 7,847,469.94 7,847,459.94 7,847,459.94 Fiscal Agent Funds -Successor Agency (Trust/Debt Service Fund) Varies Varies Varies 20,483.04 20,463.04 20,483.04 20,483.04 7,867,942.98 7,867,942.98 7,867,942.98 7,867,942.98 $ 37,624,278.20 $ 37,624,278.20 $ 37,636,063.86 37,624,278.20 6 Total Investments $ 37,624,278.20 Cash with Bank of the West City Checking 2,292,810.86 Money Market Plus 133,226.85 City Miscellaneous Cash 129,903.22 Successor Agency 536,930.26 Housing Authority 207,856.00 Financing Authority 11,700.00 Investment Brokerage 0.00 Total Cash with Bank of the West 3,312,427.18 Total Cash and Investments $ 0 Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report. * There was no investment maturity/purchase transactions made for the month of November 2019 and several depositstwithdrawals were made through 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 Am Director of Finance ITEM NO. STAFF REPORT F�AL� D%,4 TO: Honorable Mayor and City Councilmembers HUB OF . THE FROM: Shannon Yauchzee, Chief Executive Officer Robert Tafoya, City Attorney SAvAILEYN GA !L Q DATE: January 15, 2020 Rgreo JAN*3 ' SUBJECT: Ratify the Retention of Attornev Services SUMMARY It is recommended that City Council modify the retention of Brownstein Hyatt Farber Schreck to provide legal advice, representation, negotiations and investigations for the case Ehlers v. City of Baldwin Park. RECOMMENDATION It is recommended that the City Council: 1. Approve the modification of the retention of Brownstein Hyatt Farber Schreck; and 2. Direct the City Attorney to acquire a standard retention agreement with this firm; and 3. Authorize the Mayor and City Clerk to execute said agreement approved as to form by the City Attorney. FISCAL IMPACT The municipal code requires City Council approval for any agreements that may exceed $24,999. The cost of legal services with Brownstein Hyatt Farber Schreck will depend upon the amount of time spent on legal matters at the following billing rates: • Partners/Of Counsel: $595/hr. BACKGROUND The City is required to retain special legal counsel in the matter titled Ehlers v. City of Baldwin Park related to the City's Sign Ordinance The Law firm of Brownstein Farber, amongst other things, specializes in First Amendment matters and is willing and capable of defending the City at the above - listed billing rate. This firm already is contracted with the City and the modification will expand the scope. Because it is an expansion of an existing contract an RFP is not required. ALTERNATIVES The alternative is to not contract with this firm and choose an alternate firm(s). However, this firm has provided successful legal work for our City in other cases. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS Not Applicable STAFF REPORT ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Shannon Yauchzee, Chief Executive Officer J�*K DATE: January 15, 2020 SUBJECT: Ratify and Adopt a Resolution to Approve the Creation of a New 401(a) Money Purchase Defined Contribution Retirement Plan for Employer Contributions that are Currently Being Deposited to the City's 457(b) Deferred Compensation Plan SUMMARY Upon City Council approval, the City of Baldwin Park will create an IRC §401(a) money purchase defined contribution retirement plan ("401(a) Plan") to which employer pre-tax retirement contributions will be deposited. Currently, these employer pre-tax retirement contributions are being deposited into the §457(b) deferred compensation plan. Per §457(b) guidelines, employer deposits accumulate with employee deferrals toward the individual IRS annual maximum which limits the amount a participant can defer into the plan. Adding the new 401(a) Plan eliminates this employee deferral issue. The plan will be kept by MassMutual, the current record -keeper and administrator of the City's 457(b) plan. RECOMMENDATION Staff recommends that the City Council: 1) Approve Resolution No. 2020-002 for the creation of a §401(a) money purchase defined contribution retirement plan for the purpose of deposit of employer contributions on behalf of eligible employees; and 2) Approve MassMutual as the plan record -keeper and administrator of the 401 (a) money purchase defined contribution retirement plan alongside the current 457(b) deferred compensation plan; and 3) Authorize the Chief Executive Officer, as the City's Plan Administrator, to execute the necessary agreements in a form acceptable and approved as to form by the City Attorney. FISCAL IMPACT There is no fiscal impact to the City. Plan fees are paid by the participants in the same manner as the 457(b) Plan. Implementing the 401(a) plan increases the annual maximum amount impacted employees can defer into the 457(b) plan, providing participants the best opportunity to enhance their retirement savings. BACKGROUND The City of Baldwin Park provides an employer sponsored deferred compensation plan under Section 457(b) of the Internal Revenue Code ("IRC"). The Plan provides tax benefits to employees who make deposits into the plan on a pre-tax basis for their retirement. Currently, the City also makes deposits of employer retirement savings contributions to the plan on behalf of certain employees. For a 457(b) plan, both employee deposits and employer contributions to the plan count towards the IRS maximum annual deferral limit. Therefore, the employer contributions made to the plan reduce the amount that employees can defer from their salary on an annual basis. As part of the detailed 457(b) deferred compensation plan audit provided by SFG Retirement Plan Consulting, LLC, ("SFGRPC") in 2019, this issue was identified. SFGRPC's recommendation was the creation of a 401(a) money purchase retirement plan specifically for the employer contributions. This is a common record-keeping solution to the 457(b) plan deferral limitation issue. By depositing the employer contributions to a 401(a) plan, the employees' annual deferral limit is no longer impacted and employees can contribution up to the maximum deferral limits allowed by the IRS. SFGRPC will provide the same fiduciary, plan audit, investment and plan consulting services it currently provides for the City's 457(b) deferred compensation plan for the new 401(a) defined contribution plan at the same fee of 0.20bps on plan assets per annum. The MassMutual record-keeping and administration fees will be the same as the 457(b) plan at 0.19bps on plan assets per annum. The investment line-up will be the same as the 457(b) plan. Participants will be able to view their balances in both plans via a single login to MassMutual. There is no additional cost to the City as SFGRPC's fees for services will be paid for by the 401(a) plan as it currently is for the 457(b) plan. Based upon the positive financial impact and additional retirement savings that the City's employees can defer, staff is recommending City Council approve the creation and implementation of the 401(a) Plan with the record-keeping and administration services provided by MassMutual. This plan can also be offered with the Bargaining units during the next negotiations phase. In addition, the Unclassified Managers and Executive Benefits matrix is being amended to accommodate the new 401 a plan. Furthermore, the amount of Executives' cafeteria is being decreased by $250 per month while the deferred compensation amount is increased by the same amount to allow Executives to be able to invest more of their own funds into a 457 account if they wish. This is at zero cost to the City. LEGAL REVIEW Not Required. ALTERNATIVES The City Council may provide alternative direction, however the recommendation provides the highest deferral amount for the City's employees. ATTACHMENTS 1. Resolution 2020-002 2. Updated Unclassified Managers and Executives Benefits Matrix RESOLUTION NO. 2020-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE CITY'S 401(A) PLAN TO WHICH EMPLOYER PRE-TAX RETIREMENT CONTRIBUTIONS WILL BE DEPOSITED WHEREAS, the City of Baldwin Park provides a money purchase defined contribution retirement plan ("401(a) Plan") to which employer pre-tax retirement contributions will be deposited; and WHEREAS, the employee's annual deferral limit to the 457(b) Plan is no longer impacted and employees can contribute up the maximum deferral limits allowed by the IRS; and WHEREAS, the fiduciary, plan audit, investment and plan consulting services currently provided by SFG Retirement Plan Consulting for the City's 457(b) deferred compensation plan will remain the same under the 401(a) Plan; and WHEREAS, MassMutual will provide record-keeping and administration services for the 401(a) Plan; and WHEREAS, the Executive and Unclassified Manager's Benefit Matrix is being amended to accommodate the new 401(a) Plan; and WHEREAS, the amount of the Executive cafeteria plan is being decreased by $250.00 per month while the deferred compensation amount is increased by the same amount to allow Executives the flexibility to invest more of their own funds into a 457(b) Plan account. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council of the City of Baldwin Park, meeting in a regularly scheduled session, hereby adopts to create the City's 401(a) Plan with an estimated effective date of January 15, 2020. PASSED, APPROVED, AND ADOPTED this 15th day of January 2020. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2020-002 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on January 15, 2020 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK Executive & Unclassified Managers Benefit Matrix Effective January 15, 2020 EXECUTIVE EMPLOYEES BENEFIT MATRIX ATTACHMENT A COST OF LIVING ADJUSTMENTS The following unadjusted base salary increases shall be provided to all Executive Employees: +2% retroactive to the first full pay period of Fiscal Year 2017-18 +2% effective the first full pay period of Fiscal Year 2018-19 +2% effective the first full pay period of Fiscal Year 2019-20 INSURANCES/SUPPLEMENTAL WAGE PAYMENTS Benefits Plan Effective the first full pay period commencing on or after January 12, 2020, the City will contribute a sum not to exceed $1,625 per month for each Executive employee towards benefits as detailed below: The employee is required to maintain a minimum coverage for himself/herself in a plan of his or her choice, unless the employee can show proof of adequate health insurance coverage through another source. In instances where the employee's medical insurance premium is less than the City's monthly contribution, such employee will have an option to have the excess monies placed toward an existing benefit program. These options include: 1. Placement in a City provided health insurance plan for self, two (2) party or family coverage. 2. Placement in a City provided dental insurance plan for self, two (2) party or family coverage. 3. Placement spread over a combination of the options listed above. 4. Elect; to receive any excess monies in cash, which will be considered as taxable income, or 5. Elect to place the excess cash monies in a City provided deferred compensation program. Vision Plan Effective the first full pay period commencing on or after July 1, 2017, the City will provide a vision plan, and will contribute up to a maximum premium cost of $37.55 per month. Dental Plan Enhancement Effective June 1, 1993, the City will provide for the dental plan enhancement of orthodontics to the "Reimbursable Plan Choice" of the City's dual choice dental plan. Additional cost for this enhancement will be paid for by the City. Those affected individuals currently enrolled in the "Pre -paid Plan Choice" presently receive this benefit. Page 1 of 12 Executive & Unclassified Managers Benefit Matrix Effective January 15, 2020 Life Insurance The City will provide term life insurance in the face amount of $100,000. Long -Term Disability and Short Term Disability The City will provide long-term and short-term disability insurance coverage as set forth in the plan on file in the Personnel Services Office. RETIREMENT Retirement — Miscellaneous Employees In accordance with City Resolution 2015-094, effective October 25, 2015, employees will pay 100% of the employee's membership contribution to the California Public Employees Retirement System (CaIPERS). All such employee contributions shall be deposited in the member's retirement. Retirement — Sworn Employees In accordance with City Resolution 2015-094, effective October 25, 2015, employees will pay 100% of the employee's membership contribution to the California Public Employees Retirement System (Ca1PERS). All such employee contributions shall be deposited in the member's retirement account. Retiree Health Care For all Unclassified Employees, if upon retirement the employee enrolls in the City's Ca1PERS medical care plan, the City will pay the minimum employer contribution to CalPERS that is required by Government Code section 22892. In addition, the City will also pay into the retiree's individual health reimbursement account, or similar reimbursement plan, an amount equal to the difference of the City's minimum employer contribution required by Government Code section 22892 and the premium cost for retiree -only coverage in the retiree's chosen medical plan. VEHICLE ALLOWANCE Effective the first full pay period commencing on or after July 1, 2017, the City will provide an Executive employee an amount of $500.00 per month vehicle allowance except for the Police Chief who may choose a take-home, City -owned vehicle. ELECTRONIC DEVICE MONTHLY ALLOWANCE Effective the first full pay period commencing on or after July 1, 2017, the City will provide an Executive employee an amount of $150.00 per month to obtain and maintain access to personal electronic communication devices (smart phones, tablets, laptops, etc.) also used for City business. Page 2 of 12 Executive & Unclassified Managers Benefit Matrix Effective January 15, 2020 ATTENDANCE AND LE' AVL+"S Sick Leave The general policy for sick leave will be as set forth, for all full-time employees, in Section 11.4 of the Personnel Rules. Sick leave will accrue at the rate of 3.6923 hours on a biweekly basis and shall be debited on an hourly basis. Effective September 7, 1994, each eligible employee shall elect their maximum sick leave hours accrual. Dependent upon the total number of currently accrued sick leave hours, the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900 hours. If an eligible employee wishes to elect a maximum sick leave accrual level that is at a higher level than their closest currently accrued sick leave hours, they may do so. The maximum accrual elected by the eligible employee will be irrevocable. When an employee's service with the City is terminated for any reason, no compensation shall be paid for the unused sick leave hours accrual bank. Annual Sick Leave Incentive Sick leave shall accrue on hourly basis of eight (8) hours per month and shall be debited on an hourly usage basis. Each January 1, eligible employees will commence to accrue sick leave hours above their prior elected sick leave hours bank (300, 600 or 900). At the close of the calendar year, each eligible employee will receive 75% of the unused portion of sick leave hours as compensation, calculated at their then straight time hourly rate. Payment will be made at the next closest pay period. Vacation All Executive employees shall accrue vacation leave in accordance with the following: a. Employees having less than five (5) years of service with the City: 3.6923 hours on a biweekly basis for time actually worked. b. Employees having more than five (5) years of service but less than ten (10) years of service with the City: 4.6154 hours on a biweekly basis for time actually worked. c. Employees having more than ten (10) years but less than fifteen (15) years of service with the City: 5.5385 hours on a biweekly basis for time actually worked. d. Employees having more than fifteen (15) years but less than twenty (20) years of service with the City: 6.4615 hours on a biweekly basis for time actually worked. e. Employees having over twenty (20) years of service with the City: 7.3846 hours on a biweekly basis for time actually worked. Page 3 of 12 Executive & Unclassified Managers Benefit Matrix Effective January 15, 2020 Employees will be entitled to utilize accrued vacation leave after completion of six (6) months continuous employment with the City. Bereavement Leave Each Executive employee shall receive the equivalent of their workweek per incident, as needed, for a death in his or her immediate family. Immediate family shall mean and include only the employee's spouse, children, step -children, parents, spouse's parents, grandparents, spouse's grandparents, brothers and sisters. Said time will not be cumulative from one twelve month period to another nor will pay in lieu of unused leave for bereavement be provided. Administrative Leave Effective July 1, 2004, each Executive employee shall receive a maximum of seventy- two (72) hours of administrative leave with pay each fiscal year. Unused time at the end of each fiscal year, June 30, will be paid during the following month of July with said time being calculated at their then straight time hourly rate. Holidays All Executive employees are currently working on an alternate work schedule of four (4) days, ten (10) hours. While assigned to such work schedule, the following days shall be observed as holidays: January 1st, the third Monday in February; the last Monday in May; July 4th; the first Monday in September; November 11th; the fourth Thursday in November; December 24th; December 25th; and such other days as may be designated as holidays by motion of the City Council. If any of the foregoing holidays falls on a Friday and/or Saturday, the holiday will not be observed on the preceding Wednesday or Thursday. If any of the holidays fall on a Sunday, the Monday following is the holiday in lieu thereof. Floating Holidays For each Executive employee working the 4/10 plan such employee will receive two (2) ten (10) hour days of floating leave, for a total of 20 hours. Holiday Bank At the beginning of each calendar year, the City will determine how many of the set holidays fall on a Friday and/or Saturday. An employee will be credited with an equivalent number of hours of holiday time ("Holiday Bank"). Each affected employee will also be credited with the above floating holidays. For Executive Employees working the four (4) day, ten (10) hour alternate work schedule, the holiday bank will be calculated at ten (10) hours per holiday. Employees may accumulate up to a maximum of one hundred (100) hours of holiday bank time. Each January 1, such excess hours will be removed from the employee's holiday bank hours accrual, calculated at their then straight time hourly rate and placed in a holiday hours bank to be paid no later than June 30 of the same year. Page 4 of 12 Executive & Unclassified Managers Benefit Matrix Effective January 15, 2020 If an employee separates employment from the City, and has used holiday bank time prior to the occurrence of the actual holiday, he/she will have his/her vacation bank, administrative leave and/or final paycheck reduced to reflect the excess holiday bank time used. If an employee separates employment from the City, and. has not used any eligible accrued holiday bank time, he/she will be paid for such eligible holiday bank time at his/her straight time rate. Compensation for Accrued Leave Time Notwithstanding the maximum accruals established for vacation, administrative leave and holiday bank, Executive employees may accrue up to a maximum of three (3) months of additional paid leave time composed of a combination of vacation, administrative leave and/or holiday bank time. City Hall One -Time Closure One-time City Hall closure: December 26 - 29, 2017; City to provide 20 hours of holiday time for December 27 and 28, 2017, DEFERRED COMPENSATION Effective the first full pay period commencing on or after January 12, 2020, the City will contribute $750.00 per month to each employee into a City sponsored defined contribution retirement plan. Page 5 of 12 Executive & Unclassified Managers Benefit Matrix Effective January 15, 2020 UNCLASSIFIED MANAGERS BENEFITS MATRIX ATTACHMENT B COST OF LIVING ADJUSTMENTS The following unadjusted base salary increases shall be provided to all Unclassified Managers; +2% retroactive to the first full pay period of Fiscal Year 2017-18 +2% effective the first full pay period of Fiscal Year 2018-19 +2% effective the first full pay period of Fiscal Year 2019-20 INSURANCEWSUPPLEMENTAL WANE PAYMENTS Benefits Plan Effective the first full pay period commencing on or after July 1, 2017, the maximum amount of monies that are eligible for cash out shall be capped at $1,200 per month. Effective the first full pay period commencing on or after July 1, 2017, the City's contribution to medical and dental premiums shall be increased to $1,400 per month. The employee is required to maintain a minimum coverage for himself/herself in a plan of their choice unless the employee can show proof they have adequate health insurance coverage through another source. In instances where the employee's medical insurance premium is less than the City's monthly contribution, such employee will have an option to have the excess monies placed toward an existing benefit program. These options include; 1. Placement in a City provided health insurance plan for self, two (2) party or family coverage; 2. Placement in a City provided dental insurance plan for self, two (2) party or family coverage; 3. Placement spread over a combination of the options listed above; 4. Elect to receive any excess monies in cash, which will be considered as taxable income; or 5. Elect to place the excess cash monies in a City provided deferred compensation program. Vision Plan Page 6 of 12 Executive & Unclassified Managers Benefit Matrix Effective January 15, 2020 Effective the first full pay period commencing on or after July 1, 2017, the City will provide a vision plan to all affected employees, and will contribute up to a maximum premium cost of $37.55 per month. If the premium exceeds the amount, then the employee shall be responsible to pay the difference in excess of $37.55. Dental Plan Enhancement Effective June 1, 1993, the City will provide for the dental plan enhancement of orthodontics to the "Reimbursable Plan Choice" of the City's dual choice dental plan. Additional cost for this enhancement will be paid for by the City. Those affected individuals currently enrolled in the "Pre -paid Plan Choice" presently receive this benefit. Life Insurance The City will provide term life insurance in the face amount of $60,000 effective April 6, 2016. The City will provide a supplemental life insurance program to enable employees to purchase additional life insurance at the employee's cost and no contribution from the City. Long -Term Disability and Short Term Disability The City will provide each employee with long-term disability insurance coverage as set forth in the plan on file in the Human Resources Office. Effective June 1, 1993, affected employees will be eligible to receive benefits commencing on the 31st day of non -work related injury or illness, and employees will be eligible to receive a maximum benefit of 66 2/3% of their current base salary up to a maximum of $5,000 per month. RETIREMENT Employees Hired Before January 1, 2013 The City contracts with the State of California Public Employees Retirement System (CalPERS) for the classifications contained in this agreement. The plan shall include the following options: 1. 2.7% @ 55 retirement formula (Government Code §21354.4); 2. Single highest year final compensation (Government Code §20042); 3. Military service credit as public service option (Government Code §21024); 4. 1959 Survivors Benefit Level I for which each employee contributes ninety-three cents ($.93) per pay period (Government Code §21571); 5. Pre -Retirement Death Benefits to continue after remarriage of survivor (Government Code §21551); 6. 2% Annual Cost of Living Allowance (Government Code §21329); 7. The City agrees to contract with Ca1PERS to include 1959 Survivors Benefit Level IV; and 8. $500 Retired Death Benefits. Page 7 of 12 Executive & Unclassified Managers Benefit Matrix Effective January 15, 2020 In accordance with City Resolution 2015-094, effective October 25, 2015, employees will pay 100% of the employee's membership contribution to the California Public Employees Retirement System (CalPERS). All such employee contributions shall be deposited in the member's retirement account. New CalPERS Members Hired On or After January 1, 2013 The City contracts with the State of California Public Employees Retirement System (CalPERS) for the classifications contained in this agreement. The pian shall include the following options: 1. 2% at 62 formula (Government Code §7522.20); 2. Three (3) year average final compensation period (Government Code §20037); 3. Pre -Retirement Death Benefits to continue after remarriage of survivor (Government Code §21551); 4. Military Service Credit as Public Service (Government Code,§211024); 5. 1959 Survivors Benefit Level I for which each employee contributes ninety-three cent ($.93) per pay period (Government Code §21571); 6. 2% Annual Cost of Living Allowance (Government Code §21329); 7. Employees will pay 50% of the normal cost, currently 5.5% member contribution to CalPERS; 8. The City agrees to contract with CalPERS to include 1959 Survivors Benefit Level IV; and 9. $500 Retired Death Benefits Retiree Health Care For all Unclassified Employees, if upon retirement the employee enrolls in the City's CalPERS medical care plan, the City will pay the minimum employer contribution to CalPERS that is required by Government Code section 22892. In addition, the City will also pay into the retiree's individual health reimbursement account, or similar reimbursement plan, an amount equal to the difference of the City's minimum employer contribution required by Government Code section 22892 and the premium cost for retiree -only coverage in the retiree's chosen medical plan. BILINGUAL PAY Effective the first full pay period commencing on or after-Julyl 2017, the City agrees to increase the bilingual pay amount from one hundred dollars ($100.00) to one hundred fifty dollars ($150.00) per month to a persona who is capable of speaking, reading, writing and/or interpreting the language of Spanish, Chinese, Japanese, Vietnamese, Tagalog, and Signing. Qualifying test established by the City shall make determination of capability. Re -testing of individuals will be. required to determine bilingual capability in the above stated languages. Only those individuals who score at the level of "Good" or better will be eligible for bilingual pay. Page 8 of 12 Executive & Unclassified Managers Benefit Matrix Effective January 15, 2020 ELECTRONIC DEVICE MONTHLY ALLOWANCE Effective the first full pay period commencing on or after July 1, 2017, the City will provide an Executive employee an amount of $100.00 per month to obtain and maintain access to personal electronic communication devices (smart phones, tablets, laptops, etc.) also used for City business. ATTENDANCE AND LEAVES Sick Leave The general policy for sick leave will be as set forth, for all full-time employees, in Section 11.4 of the Personnel Rules. Sick leave will accrue at the rate of 3.6923 hours on a biweekly basis and shall be debited on an hourly basis. s Each eligible employee shall elect his/her maximum sick leave hours accrual. Dependent upon the total number of currently accrued sick leave hours, the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900 hours. If an eligible employee wishes to elect a maximum sick leave accrual level that is at a higher level than their closest currently accrued sick leave hours, they may do so. The maximum accrual elected by the eligible employee will be irrevocable. Once the election is made by the employee, such excess hours will be removed from the employee's sick leave hours accrual, calculated at their then straight time hourly rate and placed into a sick leave hours bank to be paid at 75% of the total value, with the timing and method of payment to be determined by the City. When an employee's service with the City is terminated for any reason, no compensation shall be paid for the unused sick leave. Annual Sick Leave Incentive Sick leave shall accrue on hourly basis of eight (8) hours per month and shall be debited on an hourly usage basis. Each January 1, eligible employees will commence to accrue sick leave hours above their prior elected sick leave hours bank (300, 600 or 900). At the close of the calendar year, each eligible employee will receive 75% of the unused portion of sick leave hours as compensation, calculated at their then straight time hourly rate. Payment will be made at the next closest pay period. Bereavement Leave Each classification represented by the Association shall receive the equivalent of their workweek per incident, as needed, for a death in their immediate family. Immediate family shall mean and include only the employee's spouse, children, stepchildren, foster children, grandchildren, parents, grandparents, brothers, sisters, State Registered Domestic Partner and spouse's Parents and spouse's grandparents. Said time will not be cumulative from one twelve month period to another nor will pay in lieu of unused leave for bereavement is provided. Page 9 of 12 Executive & Unclassified Managers Benefit Matrix Effective January 15, 2020 Vacation Employees will be entitled to utilize accrued vacation leave after completion of six (6) months continuous employment with the City. Employees may be eligible to utilize accrued vacation leave at an earlier time, upon written request to and approval of their department head. The times during which an employee may take his/her vacation leave shall be determined by the department head with due regard for the wishes of the employee and for the needs of the service. Employees shall, each calendar year, be required to tape a minimum of forty (40) consecutive hours vacation leave. In addition, an employee may, with approval of the appointing authority, use vacation leave in lesser increments during the calendar year. Employees may accumulate up to a maximum of two (2) vacation periods in any one calendar year for the purpose of a vacation leave. A vacation period is defined as the maximum amount of vacation leave accrued by an employee in any calendar year, in accordance with Subsections (a), (b), (c), (d) and (e), as stated below. a. Employees having less than five (5) years of employment (vacation accrual = 96 hours per year) the maximum amount of vacation that may be accumulated shall be 192 hours. b. Employees having more than five (5) years of service but less than ten (10) years of employment (vacation accrual = 120 hours per year), the maximum amount of vacation that may be accumulated shall be 240 hours. c. Employees having more than ten (10) years but less than fifteen (15) years of employment (vacation accrual =144 hours per year), the maximum amount of vacation that may be accumulated shall be 288 hours. d. Employees having more than fifteen (15) years but less than twenty (20) years of employment (vacation accrual = 168 hours per year), the maximum amount of vacation that may be accumulated shall be 336 hours. e. Employees having over twenty (20) years of employment (vacation accrual — 192 hours per year). The maximum amount of vacation that may be accumulated shall be 384 hours. If the employee, because of business necessity, is not able to utilize excess accrued vacation hours, upon written request to and approval of the Department Head, an employee will be given an extension in order to take his/her vacation. In cases where the employee forfeits vacation leave time at the request of the City, upon approval of the Chief Executive Officer or designated representative(s), said employee shall be compensated for forfeited vacation leave time at the employee's current rate of pay. It is the employee's responsibility to schedule vacation time well in advance to avoid forfeiting his/her vacation or to avoid any conflicts. Page 10 of 12 Executive & Unclassified Managers Benefit Matrix Effective January 15, 2020 Employees will be notified on a quarterly basis of their current and potential maximum vacation hours accrual for the calendar year to assist them in the reduction of excess accrued vacation hours. In the event a legal holiday falls during a vacation leave, such holiday shall not be charged as vacation leave, and the vacation leave shall be extended or accredited accordingly. Employees who separate from the service of the City shall be eligible to receive compensation for all unused, accrued vacation leave. Administrative Leave Effective the first pay period including July 1, 2017, each employee shall receive a maximum of sixty (60) hours of administrative leave with pay each fiscal year. The use of such leave shall be at the reasonable discretion of the employee. Unused time at the end of each fiscal year, June 30, will be paid during the following month of July with said time being calculated at their then straight time hourly rate. Holidays For employees working a 4/10 plan, the following days shall be observed as holidays: January 1st, the third Monday in February; the last Monday in May; July 4th; the first Monday in September; November I 1 th; the fourth Thursday in November; December 24th; December 25th; and such other days as may be designated as holidays by motion of the City Council If any of the foregoing holidays falls on a Friday and/or Saturday, the holiday will not be observed on the preceding Wednesday or Thursday. If any of the hol days fall on a Sunday, the Monday following is the holiday in lieu thereof. Floating Holidays Employees working a 4/10 plan will receive two (2) ten (10) hour days of floating leave, for a total of twenty (20) hours. Holiday Bank At the beginning of each calendar year, the City will determine how many of the set holidays fall on a Friday and/or Saturday. An employee will be credited with an equivalent number of hours of holiday time ("holiday bank"). Each affected employee will also be credited with the above floating holidays. The actual date for the use of such leave shall be subject to the approval of the Chief Executive Officer. This holiday bank leave can be used in hourly increments and combined with other leave. Employees may accumulate up to a maximum of one hundred (100) hours of holiday bank time. If an employee, because of business necessity, isnot able to utilize accrued holiday bank hours, upon written request to, and approval of the Chief Executive Officer, the employee will be Page 1 I of 12 Executive & Unclassified Managers Benefit Matrix Effective January 15, 2020 paid for any excess hours over his/her maximum holiday bank hours accrual. Each January 1, such excess hours will be removed from the employee's holiday bank hours accrual, calculated at their then straight time hourly rate and placed in a holiday hours bank to be paid not later than June 30 of the same year. If an employee separates employment from the City, and has used holiday bank time prior to the occurrence of the actual holiday, he/she will have his/her vacation bank, administrative leave and/or final paycheck reduced to reflect the excess holiday bank time used. If an employee separates employment from the City, and has not used any eligible accrued holiday bank time, he/she will be paid for such eligible holiday bank time at his/her straight time rate. City Hall One -Time Closure One-time City Hall closure; December 26 - 29, 2017; City to provide 20 hours of holiday time for December 27 and 28, 2017, DEFERRED COMPENSATION Effective the first full pay period commencing on or after January 12, 2020, the City will contribute $150.00 per month to each employee into a City sponsored defined contribution retirement plan, Page 12 of 12 ITEM NO. 5 STAFF REPORT g 'Lo{v� TO: Honorable Mayor and Members of the City Counci "U�, ,THE. ;,� FROM: Manuel Carrillo Jr., Director of Recreation & Community Sery eu:) ABL1E� 1 n =' DATE: January 15, 2020 L E* Ptiy. SUBJECT: Approval to Enter Into a Contract Agreement between the City of Baldwin Park and Los Angeles County- City Planning Grant Implementation of Cities (Baldwin Park, EI Monte, South El Monte) Homeless Plans SUMMARY The purpose of this report is to seek approval to enter into a contract agreement between the City of Baldwin Park and Los Angeles County- City Planning Grant Implementation of Cities (Cohort Baldwin Park, EI Monte, and South EI Monte) Homeless Plans. FISCAL IMPACT There is no fiscal impact to the City. The funding in the amount of $1,074,820 will be provided through grant funds from the Los Angeles County Homeless Initiative and United Way's Home for Good Funders Collaborative. RECOMMENDATION Staff recommends that the City Council: 1). Approve the contract agreement between the City of Baldwin Park and Los Angeles County City Planning Grant Implementation of Cities (Baldwin Park, EI Monte, and South EI Monte) Homeless Plans. 2). Authorize the Director of Recreation and Community Services to execute further documents and reporting. BACKGROUND On August 17, 2015, in response to the growing crisis of homelessness, the Los Angeles County Board of Supervisors launched the Homeless Initiative (HI) to prevent and combat homelessness which continues to pervade our communities. An unprecedented collaborative planning process resulted in a comprehensive plan consisting of 47 strategies, with four more strategies subsequently added. Recognizing the need to sustain the HI strategies, the Board of Supervisors approved the Measure H ordinance that identifies 21 of the 51 HI strategies as eligible for funding through Measure H. On March 7, 2017, the voters approved Measure H. Since the inception of the HI in 2015, collaboration and engagement with the 88 cities in the County has been a major priority for the County. Cities play a critical role in ensuring that the impact of these strategies is maximized. Cities have jurisdiction over housing and land use for about 90% of the countywide population, and thus play a vital role in developing affordable housing and interim housing. In 2017, the Board of Supervisors approved funding to cities to develop their own homelessness plans. In 2018, participating cities submitted their homelessness plans. In September 2018, the Board of Supervisors approved $9 million in Measure H funding for the HI and United Way Home for Good Funders Collaborative to issue a Request for Proposals (RFP) for the cities to implement their homelessness plans, either as individual cities or multi -jurisdictional partners. Based on the 2018 Point -in -Time Homeless Count (PIT Count) conducted by the Los Angeles Homeless Services Authority (LAHSA), the cities of Baldwin Park, EI Monte and South EI Monte (Cohort) have a combined homeless count of 775 individuals and family members. Since the completion of their homeless plans in 2018, the Cohort Cities have been working collectively to combat homelessness and agreed to formally partner to develop a plan to: 1) increase the supply of supportive and interim housing for people experiencing homelessness at a regional level; and 2) enhance the availability and access to homeless services to prevent and combat homelessness in the region. The Cohort, identified the city of Baldwin Park as lead agency and fiscal administrator for this multi -jurisdictional proposal. The proposed project is a result of discussions between cohort cities and each cohort city's goals and objectives as described below: Baldwin Park: • Coordinate Local Efforts to Respond to Homelessness • Help Prevent Individuals and Families from Becoming Homeless • Connect Case Management and Services to the Coordinated Entry System • Expand Access to Workforce Development Program to Increase Employment • Explore Opportunities to Increase the Number of Units of Affordable/Supportive Housing EI Monte: • Better Understand the City's Homeless Population and Educate the Community • Increase Engagement Activities and Links to Crisis Response System • Expand Access to Workforce Development and Employment Programs • Increase the Number of Shelter Beds • Increase the Number of Affordable/Supportive Housing Units • Participate in Regional Collaboration Opportunities South EI Monte: • Educate City Staff and the Community about Homelessness and Available Resources • Increase Outreach and Engagement Activities Goal • Expand Employment Opportunities in the City • Create Shelter Options in the City • Create New Affordable/Supportive Housing Options in the City • Coordinate with Regional Partners on Homelessness Plan Implementation The City, with the combination of City staff and consulting/technical services will build upon efforts included as part of multi -jurisdictional proposal with the Cities of EI Monte and South EI Monte and expand the scope of work to include a much more substantive research and analysis, which will include community engagement, development of educational materials, and outreach, to address the following opportunities at the multijurisdictional level: Priority Area 1: The Cohort will work together to immediately increase the supply of interim and permanent housing within its jurisdiction. The cohort will work with a consultant to implement an interim housing program, using motel vouchers and a rapid re -housing program. The Cohort will expand the number of motel partnerships available to provide interim housing at an affordable rate for the grant period. This approach will increase the availability of immediate shelter opportunities and build trust with clients to enhance connection to the Coordinated Entry System (CES). The following motels have been identified as potential partners for interim housing: Grand Park Inn, 13921 Francisquito Ave. Baldwin Park Motet 6, 14510 Garvey Ave. Baldwin Park Sierra Inn, 1171 Durfee Ave. South EI Monte Ramada Inn, 1089 Santa Anita Ave. South EI Monte Motel 6, 1228 N Durfee Ave, South EI Monte Permanent Housing: The Cohort will also leverage services of the Baldwin Park Housing Authority, serving as the administrator of the Rapid Rehousing Program, and will ensure best practices are employed, and clients are quickly re -housed and stabilized. The Rapid Re -Housing funds will provide for a variety of assistance, including: short-term or medium-term rental assistance and housing relocation and stabilization services, including such activities as mediation, credit counseling, security or utility deposits, utility payments, moving cost assistance, and case management. To be eligible to rapid rehousing services, individuals or families must be homeless or at risk of becoming homeless and: 1) be at or below 50% of the Area Median Income; 2) have at least an initial consultation with housing navigator/coordinator to determine need; and 3) be in a housing circumstance that no appropriate subsequent housing options have been identified and the household lacks the financial resources and support networks needed to obtain immediate housing or remain in existing housing. Land Assessment: The Cohort will explore opportunities to identify vacant or underutilized public land for affordable/supportive housing and evaluate how to utilize parcels of land and available funds resulting from the dissolution of the Redevelopment Agency for affordable/supportive housing Accessory Dwelling Unit (ADU) Ordinance Review. The Cohort will review their ADU ordinances to explore aligning Ordinances to maximize efforts to prevent and combat homelessness by providing incentives or fee waivers for ADUs used for homeless housing. The above referenced Priority Area 1 projects support the goals of each of the Cohort's homelessness plans as described above and addresses HI strategies B3, E7, E8, F4, F6, and F7. Regional Housing Trust Fund: The City of Baldwin Park will also subcontract with the Cohort to support the creation of a Regional Housing Trust Fund, which will establish a source of funds to support the preservation and production of supportive, homeless, affordable and other manner of housing in the region. This project addresses HI strategy F7. Priority Area 2: The Cohort Cities will implement several integrated activities that comprise a services program to strengthen the continuum of care for the 775 people experiencing homelessness within their sub- region of the San Gabriel Valley. These activities will complement County and City service systems by enabling a selected contractor to hire a dedicated full-time Case Worker Coordinator to support Housing Navigation and other homeless service provider and city case management staff. Other proposed activities include launching a local homeless prevention/diversion program for individuals and/or families in need and establishing an Access Center to centralize homeless prevention activities. The cohort will also implement a landlord engagement and incentives program to increase housing units and stabilize clients. Additionally, the Cohort will establish a navigation center with available lockers and make available showers for people experiencing homelessness. To further support and stabilize individuals and families at risk of or experiencing homelessness, the Cohort will ensure connections to employment services and assistance, as appropriate. The above referenced Priority Area 2 projects support the goals of each of the Cohort's homelessness plans as described above and addresses HI strategies Al, A5, B3, B4, C1, C2, C7, D5, E6, E7, and E8. Pricing Schedule -The contract sum of $698,400 for PA1 and PA2 activities to be paid by County of Los Angeles. The County will pay up to 1/4 of the total contract sum upon receipt of invoice and/or upon execution of the subcontracts necessary to perform contract services.The allocated amount of $376,420 for Regional Housing Trust Funds (RHTF) will be disbursed accordingly once operating budget has been established by City and approved by County, and official formation of RHTF. The County will pay $169,430 of the total allocated RHTF amount upon execution of the subcontracts to perform contract services. The remaining contract sum and RHTF amount shall be paid out based on reimbursable charges over the term of the agreement. PA 1— City Planner/Associate Planner (City of Baldwin Park $21450 PA 1 —Associate Planner Ci of El Monte $11,32d4 PA I — Director of Communitv Development (City of South EI Monte) 1 $10.800 Total Costs Sub-Contract/Consultant Costs: Not to I PA1 - Permanent Housina Caoital Improvements 1 $ 30.0001 PA1 - Motel Vouchers for Interim Housing $ 97,526 PAI - short -Term Rental Assistance/Rapid Rehousing $ 85 500 PA1 - Development Consultant I t 45.000 RHTF f=unds disbursed accordingly once operating budget has been established by City and approved by COUNTY, and official formation $376,420 of RHTF_ ALTERNATIVES The alternative would to not sign the contract agreement. LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. ATTACHMENTS 1). Attachment #1, Contract Agreement between the City of Baldwin Park and Los Angeles County City Planning Grant Implementation of Cities (Baldwin Park, EI Monte, South EI Monte) Homeless Plans. CONTRACT BY AND BETWEEN COUNTY OF LOS ANGELES CITY OF BALDWIN PARK & COHORT FOR CITY PLANNING GRANT - YEAR 2 IMPLEMENTATION OF CITIES HOMELESSNESS PLANS CONTRACT NUMBER: AO-19- CONTRACT PROVISIONS TABLE OF CONTENTS PARAGRAPH TITLE PAGE RECITALS.....................................................................................................................1 1 APPLICABLE DOCUMENTS...........................................................................2 2 DEFINITIONS ................................:.:..:.....:.........................................................2 2.1 Standard Definitions.................................................................................. 2 3 WORK................................................................................................................ 4 4 TERM OF CONTRACT........................................................................................ 5 5 CONTRACT SUM ....................................................................................... 5 5.1 Total Contract Sum.................................................................................... 5 5.2 Written -Approval for Reimbursement. ..................................................... g 5.3 Intentionally Omitted.................................................................................. 5 5.4 No Payment for Services Provided Following Expiration -Termination ofContract................................................................................................. 5 5.5 Invoices and Payments.............................................................................. 6 6 ADMINISTRATION OF CONTRACT- COUNTY .................................................. 7 6.1 County Administration............................................................................... 7 6.2 County's Project Director................................:.......................................... 7 6.3 County's Project Manager.......................................................................... 8 6.4 County's Contract Project Monitor............................................................. 8 7 ADMINISTRATION OF CONTRACT -CONTRACTOR ......................................... 8 7.1 Contractor Administration.........................................................................: 8 7.2 Contractor's Project Manager.................................................................... 9 7.3 Approval of Contractor's. Staff.................................................................... 9 7.4 Contractor's Staff Identification.................................................................. 9 7.5 Background and Security Investigations..-.,.... ................................. 9 7.6 Confidentiality.......................................................................................... 10 8 STANDARD TERMS AND CONDITIONS..........................................................11 8.1 Amendments............................................................................................11 8.2 Assignment and Delegation/Mergers or Acquisitions ............................... 12 8.3 Authorization Warranty............................................................................ 13 8.4 Budget Reductions.................................................................................. 13 8.5 Complaints...............................................................................................13 8.6 Compliance with Applicable Law............................................................. 14 Page i CONTRACT PROVISIONS TABLE OF CONTENTS PARAGRAPH TITLE PAGE 8.7 Compliance with Civil Rights Laws.......................................................... 15 8.8 Compliance with the County's Jury Service Program .............................. 15 8.9 Conflict of Interest.................................................................................... 17 8.10 Intentionally Omitted................................................................................ 17 8.11 Consideration of Hiring GAIN -GROW Participants .................................. 17 8.12 Contractor Responsibility and Debarment ............................................... 18 8.13 Contractor's Acknowledgement of County's Commitment to Safely Surrendered Baby Law............................................................................ 21 8.14 Contractor's Warranty of Adherence to County's Child Support Compliance Program................................................................................ 21 8.15 County's Quality Assurance Plan............................................................. 21 8.16 Damage to County Facilities, Buildings or Grounds ................................. 22 8.17 Employment Eligibility Verification........................................................... 22 8.18 Facsimile Representations....................................................................... 23 8.19 Fair Labor Standards............................................................................... 23 8.20 Force Majeure.......................................................................................... 23 8.21 Governing Law, Jurisdiction, and Venue .................................................. 24 8.22 Independent Contractor Status................................................................ 24 8.23 Indemnification......................................................................................... 25 8.24 General Provisions for all Insurance Coverage ........................................ 25 8.25 Insurance Coverage................................................................................ 30 8.26 Liquidated Damages................................................................................. 31 8.27 Most Favored Public Entity...................................................................... 32 8.28 Nondiscrimination and Affirmative Action ................................................. 33 8.29 Non Exclusivity........................................................................................ 34 8.30 Notice of Delays....................................................................................... 34 8.31 Notice of Disputes.................................................................................... 34 8.32 Notice to Employees Regarding the Federal Earned Income Credit........ 35 8.33 Notice to Employees Regarding the Safely Surrendered Baby Law........ 35 8.34 Notices.....................................................................................................35 8.35 Prohibition Against Inducement or Persuasion ........................................ 35 8.36 Public Records Act.................................................................................. 36 8.37 Publicity................................................................................................... 3 Page ii CONTRACT PROVISIONS TABLE OF CONTENTS PARAGRAPH TITLE PAGE 8.38 Record Retention and Inspection -Audit Settlement ................................. 37 8.39 Recycled Bond Paper.............................................................................. 38 8.40 Subcontracting.........................................................................................38 8.41 Termination for Breach of Warranty to Maintain Compliance with County's Child Support Compliance Program .......................................... 40 8.42 Termination for Convenience................................................................... 40 8.43 Termination for Default............................................................................ 41 8.44 Termination for Improper Consideration.................................................. 42 8.45 Termination forInsolvency............................:.:................................ .... 43 8.46 Termination for Non -Adherence of County Lobbyist Ordinance ............... 43 8.47 Termination for Non -Appropriation of Funds ............................................ 44 8.48 Validity..................................................................................................... 44 8.49 Waiver......................................................................................................44 8.50 Warranty Against Contingent Fees.......................................................... 44 8.51 Warranty of Compliance with County's Defaulted Property Tax Reduction Program..................................................................................45 8.52 Termination for Breach of Warranty to Maintain Compliance with County's Defaulted Property Tax Reduction Program ............................. 45 8.53 Time off for Voting................................................................................... 45 8.54 Compliance with County's Zero Tolerance Policy on Human Trafficking. 46 8.55 Compliance with Fair Chance Employment Practices ............................. 46 8.56 Compliance with the County Policy of Equity ........................................... 46 9 UNIQUE TERMS AND CONDITIONS................................................................47 9.1 Contractor Protection of Electronic County Information ........................47 9.2 Health Insurance Portability and Accountability Act of 1996 (HIPAA)...... 48 SIGNATURES.............................................................................................................. 50 Page iii CONTRACT PROVISIONS TABLE OF CONTENTS STANDARD EXHIBITS A Statement of Work B Pricing Schedule C Contractor's EEO Certification D County's Administration E Contractor's Administration F Form(s) Required at the Time of Contract Execution G Jury Service Ordinance H Safely Surrendered Baby Law I Compliance with Fair Chance Employment Hiring Practices Certification Page iv CONTRACT BETWEEN COUNTY OF LOS ANGELES AND CITY OF BALDWIN PARK & COHORT FOR CITY PLANNING GRANTS — YEAR 2 IMPLEMENTATION OF CITIES HOMELESSNESS PLANS This Contract is entered into this day of 2019, by and between the County of Los Angeles (hereafter "County") and City of Baldwin Park & 0 orthereafter referred to as "Contractor"), to provide County with homeless _ services. RECITALS WHEREAS, on September 4, 2018, the County Board of Supervisors delegated authority to the Chief Executive Officer to: 1) implement a solicitation process, in conjunction with United Way's Home for Good Funders Collaborative, in accordance with the Request for Proposal (RFP) Framework; and 2) negotiate, execute and if necessary, amend, reduce or terminate contracts with selected cities, following approval as to from by County Counsel; and WHEREAS, on September 4, 2018, the County,Board of Supervisors allocated $9 million of Measure H funding; and $3 million of State Homeless Emergency Aid Programs funding to support successful implementation of components from Cities Homelessness Plans that enhance effectiveness of County service systems for those experiencing or at -risk of experiencing homelessness and are eligible for such funding under applicable rules; and WHEREAS, on May 7, 2019, the County Board of Supervisors was advised of Homeless Initiatives plan to execute contracts with cities to support implementation of their homelessness plans. The contracts will expire 18 months from the date of execution or at the end of February 2021, whichever is sooner; and WHEREAS, the Los Angeles County, Homeless Initiative Unit and United Way, have reviewed the Contractor's proposal and approved providing $698,400 to the Contractor for Homeless Plan Implementation services; and WHEREAS, pursuant to Government Code section 26227, the County Board of Supervisors may appropriate and expend money to establish county programs or to fund other programs deemed to be necessary to meet the social needs of the Implementation Homelessness Plan - CPG Y2 Page 1 AO-19- population of the county. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for good and valuable consideration, the parties agree to the following: 1 APPLICABLE DOCUMENTS Exhibits A, B, C, D, E, F, G, H, and I, are attached to and form a part of this Contract. In the event of any conflict or inconsistency in the definition or interpretation of any word, responsibility, schedule, or the contents or description of any task, deliverable, goods, service, or other work, or otherwise between the base Contract and the Exhibits, or between Exhibits, such conflict or inconsistency shall be resolved by giving precedence first to the terms and conditions of the Contract and then to the Exhibits according to the following priority. Standard Exhibits: 1.1 Exhibit A - Statement of Work 1.2 Exhibit B - Pricing Schedule 1.3 Exhibit C - Contractor's EEO Certification 1.4 Exhibit D County's Administration 1.5 Exhibit E - Contractor's Administration 1.6 Exhibit F - Forms Required at the Time of Contract Execution 1.7 Exhibit G - Jury Service Ordinance 1.8 Exhibit H - Safely Surrendered Baby Law 1.9 Exhibit I - Compliance with Fair Chance Employment Practices Certification This Contract constitutes the complete and exclusive statement of understanding between the parties, and supersedes all previous contracts, written and oral, and all communications between the parties relating to the subject matter of this Contract. No change to this Contract shall be valid unless prepared pursuant to Paragraph 8.1 (Amendments) and signed by both parties. 2 DEFINITIONS 2.1 Standard Definitions: Implementation Homelessness Plan - CPG Y2 AO -19 - Page 2 2.1.1 The headings herein contained are for convenience and reference only and are not intended to define the scope of any provision thereof. The following, words as used herein shall be construed to have the following meaning, unless otherwise apparent from the context in which they are used. 2.1.1.1 City Planning Grants: Year one funding was allocated by the County. Board of Supervisors (Board) from Homeless Initiative Provisional Financing Uses (PFU) funds to support proposals that will result in a plan to prevent and combat homelessness for each city which receives a grant. To administer the grants, the Chief Executive Office partnered with.. the United Way.. Home for Good Funders`CollaboratiN6. Year two -funding is being allocated by the Board from Measure H funds and Los Angeles Homeless Services Authority will provide State Homeless Emergency Aid Program Funds, to support the successful implementation of Cities Homeless Plans. 2.1.1.2 Contract: This agreement executed between County and Contractor. Included are all supplemental agreements amending or extending the service to be performed. The Contract sets forth the terms and conditions for the issuance and performance of all tasks, deliverables, services and other work 2.1.1.3 Contractor: The person or persons, sole proprietor, partnership, joint venture, corporation or other legal entity who has entered into an agreement with the County to perform or execute the work covered by this contract. 2.1.1.4 Statement of Work: The directions, provisions, and requirements provided herein and special provisions pertaining to the method, frequency, manner and place of performing the contract services. 2.1.1.5 Subcontract: An agreement by the contractor to employ a subcontractor to provide services to fulfill this contract. 2.1.1.6 Subcontractor: Any individual, person or persons, sole proprietor, firm, partnership, joint venture, corporation, or other legal entity furnishing supplies, services of any nature,_e uq ipment_ and/or materials Implementation Homelessness Plan - CPG Y2 Page 3 AO-19- to contractor in furtherance of contractor's performance of this contract, at any tier, under oral or written agreement. 2.1.1.7 Board of Supervisors (Board): The Board of Supervisors of the County of Los Angeles acting as governing body. 2.1.1.8 County Project Manager: Person designated by County's Project Director to manage the operations under this contract. 2.1.1.9 County Contract Project Monitor: Person with responsibility to oversee the day to day activities of this contract. Responsibility for inspections of any and all tasks, deliverables, goods, services and other work provided by the contractor. 2.1.1.10 County Project Director: Person designated by County with authority for County on contractual or administrative matters relating. to this contract that cannot be resolved by the County's Project Manager. 2.1.1.11 Day(s): Calendar day(s) unless otherwise specified. 2.1.1.12 Contractor Project Manager: The person designated by the Contractor to administer the Contract operations under this Contract 2.1.1.13 Fiscal Year: The twelve (12) month period beginning July 1st and ending the following June 30th. 2.1.1.14 United Way Home for Good Funders Collaborative: a public-private partnership, which collaborates on solutions to end homelessness in Los Angeles County. 3 WORK 3.1 Pursuant to the provisions of this Contract, the Contractor shall fully perform, complete and deliver on time, all tasks, deliverables, services and other work as set forth in herein. 3.2 If the Contractor provides any tasks, deliverables, goods, services, or other work, other than as specified in this contract, the same shall be Implementation Homelessness Plan - CPG Y2 Page 4 AO-19- deemed to be a gratuitous effort on the part of the contractor, and the contractor shall have no claim whatsoever against the County. 4 TERM OF CONTRACT 4.1 The term of this Contract -shall commence upon execution by the County's Chief Executive Officer and shall expire in eighteen (18) months, or on February 28, 2021, whichever is sooner, unless sooner terminated or extended, in whole or in part, as provided in this Contract. 5 CONTRACT SUM 5.1 Total Contract Sum .... 5.1.1 The Maximum Amount of this Contract shall be the amount set forth in Exhibit B (Pricing Schedule), for the term of this Contract as set forth Paragraph 4.0 - Term of Contract, above. Any costs incurred to complete this Contract more than the maximum not -to -exceed cost will be borne by the Contractor. 5.2 Written Approval for Reimbursement 5.2.1 The Contractor shall not be entitled to payment or reimbursement for any tasks or services performed, nor for any incidental or administrative expenses whatsoever incurred in or incidental to performance hereunder, except as specified herein. Assumption or takeover of any of the Contractor's duties, responsibilities, or obligations, or performance of same by any person or entity other than the Contractor, whether through assignment, subcontract, delegation, merger, buyout, or any other mechanism, with or without consideration for any reason whatsoever, shall not occur except with the County's express prior written approval 5.3 Intentionally Omitted 5.4 No Payment for Services Provided Following Expiration - Termination of Contract 5.4.1 The Contractor shall have no claim against County for payment of any money or reimbursement, of any kind whatsoever, for any service provided by the Contractor after the expirationorother termination of this Contract. Should the Contractor receive any such payment it shall immediately notify County and shall immediately repay all Implementation Homelessness Plan - CPG Y2 Page 5 AO-19- such funds to County. Payment by County for services rendered after expiration -termination of this Contract shall not constitute a waiver of County's right to recover such payment from the Contractor. This provision shall survive the expiration or other termination of this Contract. 5.5 Invoices and Payments 5.5.1 The Contractor shall invoice the County only for providing the tasks, deliverables, goods, services, and other work specified in Exhibit A (Statement of Work) and elsewhere hereunder. The Contractor shall prepare invoices, which shall include the charges owed to the Contractor by the County under the terms of this Contract. The Contractor's payments shall be as provided in Exhibit B (Pricing Schedule) and the Contractor shall be paid only for the tasks, deliverables, goods, services, and other work approved in writing by the County. If the County does not approve work in writing no payment shall be due to the Contractor for that work. 5.5.2 The Contractor's invoices shall be priced in accordance with Exhibit B (Pricing Schedule). 5.5.3 The Contractor's invoices shall contain the information set forth in Exhibit A (Statement of Work) describing the tasks, deliverables, goods, services, work hours, and facility and/or other work for which payment is claimed. 5.5.4 All invoices under this Contract shall be addressed to the following and submitted electronically to the following email address: Homeless Initiative Unit Los Angeles County Chief Executive Office Hall of Administration 500 W. Temple Street, Rm 493 Los Angeles, CA 90012 hiadmin(aD-ceo.lacounty.gov 5.5.5 County Approval of Invoices All invoices submitted by the Contractor for payment must have the wriften approval of the County's Project Manager prior to any payment thereof. In no event shall the County be liable or responsible for any payment prior to such written approval. Approval for payment will not be unreasonably withheld. Implementation Homelessness Plan - CPG Y2 Page 6 AO-19- 5.6 Default Method of Payment: Direct Deposit or Electronic Funds Transfer 5.6.1 The County, at its sole discretion, has determined that the most efficient and secure default form of payment for goods and/or services provided under an agreement/ contract with the County shall be Electronic Funds Transfer (EFT) or direct deposit, unless an alternative method of payment is deemed appropriate by the Auditor -Controller (A -C). 5.6.2 The Contractor shall submit a direct deposit authorization request via the website https://directdeposit.lacounty.gov with banking and vendor information, and any other _ information that the A-Cdetermines__ is ------reasonably- necessary to process the payment_ and comply with all accounting, record keeping, and tax reporting requirements. 5.6.3 Any provision of law, grant, or funding agreement requiring a specific form or method of payment other than EFT or direct deposit shall supersede this requirement with respect to those payments. 5.6.4 At any time during the duration of the agreement/contract, a Contractor may submit a written request for an exemption to this requirement. Such request must be based on specific legal, business or operational needs and explain why the payment method designated by the A -C is not feasible and an alternative is necessary. The A -C, in consultation with the contracting department(s), shall decide whether to approve exemption requests. 6 ADMiNISTRATION OF CONTRACT - COUNTY 6.1 County Administration 6.1.1 A listing of all County Administration referenced in the following subparagraphs are designated in Exhibit D (County's Administration). The County will notify the Contractor in writing of any change in the names or addresses shown. 6.2 County's Project Director 6.2.1 The role of the County's Project Director may include: 6.2.1.1 Coordinating with Contractor and ensuring Contractor's performance of the Contract; however, Implementation Homelessness Plan - CPG Y2 Page 7 AO-19- in no event shall Contractor's obligation to fully satisfy all of the requirements of this Contract be relieved, excused or limited thereby; and 6.2.1.2 Upon request of the Contractor, providing direction to the Contractor, as appropriate in areas relating to County policy, information requirements, and procedural requirements; however, in no event, shall Contractor's obligation to fully satisfy all of the requirements of this Contract be relieved, excused or limited thereby. 6.3 County's Project Manager 6.3.1 The role of the County's Project Manager is authorized to include: 6.3.1.1 Meeting with the Contractor's Project Manager on a regular basis; and 6.3.1.2 Inspecting any and all tasks, deliverables, goods, services, or other work provided by or on behalf of the Contractor; however, in no event shall Contractor's obligation to fully satisfy all of the requirements of this Contract be relieved, excused or limited thereby. The County's Project Manager is not authorized to make any changes in any of the terms and conditions of this Contract and is not authorized to further obligate County in any respect whatsoever. 6.4 County's Contract Project Monitor 6.4.1 The role of the County's Project Monitor is to oversee the day-to-day administration of this Contract; however, in no event shall Contractor's obligation to fully satisfy all of the requirements of this Contract be relieved, excused or limited thereby. The Project Monitor reports to the County's Project Manager. 7 ADMINISTRATION OF CONTRACT - CONTRACTOR 7.1 Contractor Administration A listing of all of Contractor's Administration referenced in the following paragraphs is designated in Exhibit E (Contractor's Implementation Homelessness Plan - CPG Y2 Page 8 AO-19- Administration). The Contractor will notify the County in writing of any change in the names or addresses shown. 7.2 Contractor's Project Manager - 7.2.1 The Contractor's Project Manager is designated in Exhibit E (Contractor's Administration). The Contractor shall notify the County in writing of any change in the name or address of the Contractor's Project Manager. 7.2.2 The Contractor's Project Manager shall be responsible for the Contractor's day-to-day activities as related to this Contract and shall meet and coordinate with County's Project Manager and County's Contract Project Monitor on --a -regular basis.- = ------ 7.3 Approval of Contractor's Staff 7.3.1 County has the absolute right to approve or disapprove all of the Contractor's staff performing work hereunder and any proposed changes in the Contractor's staff, including, but not limited to, the Contractor's Project Manager. 7.4 Contractor's Staff Identification Contract shall provide, at Contractor's expense, all staff providing services under this Contract with a photo identification badge. 7.5 Background and Security Investigations 7.5.1 Each of Contractor's staff performing services under this Contract, who is in a designated sensitive position, as determined by County in County`s sole- discretion, shall undergo and pass a background investigation to the satisfaction of County as a condition of beginning and continuing to perform services under this Contract.. Such background investigation must be obtained through fingerprints submitted to the California Department of Justice to include State, local, and federal -level review, which may include, but shall not, be limited to, criminal conviction information. The fees associated with the background investigation shall be at the expense of the Contractor, regardless of whether the member of Contractor's staff passes or fails the background investigation. If a member of Contractor's staff does not pass the background investigation, County may request that the Implementation Homelessness Plan - CPG Y2 Page 9 AO-19- member of Contractor's staff be removed immediately from performing services under the Contract. Contractor shall comply with County's request at any time during the term of the Contract. County will not provide to Contractor or to Contractor's staff any information obtained through the County's background investigation 7.5.2 County, in its sole discretion, may immediately deny or terminate facility access to any member of Contractor's staff that does not pass such investigation to the satisfaction of the County or whose background or conduct is incompatible with County facility access. 7.5.3 Disqualification of any member of Contractor's staff pursuant to this Paragraph 7.5 shall not relieve Contractor of its obligation to complete all work in accordance with the terms and conditions of this Contract. 7.6 Confidentiality 7.6.1 Contractor shall maintain the confidentiality of all records and information in accordance with all applicable Federal, State and local laws, rules, regulations, ordinances, directives, guidelines, policies and procedures relating to confidentiality, including, without limitation, County policies concerning information technology security and the protection of confidential records and information. 7.6.2 Contractor shall indemnify, defend, and hold harmless County, its officers, employees, and agents, from and against any and all claims, demands, damages, liabilities, losses, costs and expenses, including, without limitation, defense costs and legal, accounting and other expert, consulting, or professional fees, arising from, connected with, or related to any failure by Contractor, its officers, employees, agents, or subcontractors, to comply with this Paragraph 7.6, as determined by County in its sole judgment. Any legal defense pursuant to contractor's indemnification obligations under this Paragraph 7.6 shall be conducted by contractor and performed by counsel selected by Contractor and approved by County. Notwithstanding the preceding sentence, County shall have the right to participate in any such defense at its sole cost and expense, except that in the event Contractor fails to provide County with a full and adequate defense, as determined by County in its sole judgment, County shall be entitled to retain its own counsel, including, without limitation, County Counsel, and to Implementation Homelessness Plan - CPG Y2 Page 10 AO-19- reimbursement from Contractor for all such costs and expenses incurred by County in doing so. Contractor shall not have the right to enter into any settlement, agree to any injunction, or make any admission, in each case, on behalf of County without County's prior written approval. 7.6.3 Contractor shall inform all of its officers, employees, agents and subcontractors providing services hereunder of the confidentiality provisions of this Contract. 7.6.4 Contractor shall sign and adhere to the provisions of the "Contractor Acknowledgement and Confidentiality Agreement", Exhibit F. 8 STANDARD TERMS AND CONDITIONS 8.1 Amendments 8.1.1 For any change which affects the scope of work, term, contract sum, payments, or any term or condition included under this Contract, an amendment to the Contract shall be prepared and executed by the contractor and by Chief Executive Officer or his/her designee:. 8.1.2 For any change which does not materially affect the statement of work or any other term or condition included under this Contract, a Change Notice shall be prepared and signed by the County's Project Manager and Contractor's Project Manager. 8.1.3 The -County's Board of Supervisors -or Chief Executive Officer or designee may require the addition and/or change of certain terms and conditions in the Contract during the term of this Contract. The .County reserves the right to add and/or change such provisions as required by the County's Board of Supervisors or Chief Executive Officer. To implement such changes, an Amendment to the Contract shall be prepared and executed by the contractor and by Chief Executive Officer and his/her designee. 8.1.4 The Chief Executive Officer or his/her designee, may at his/her sole discretion, authorize extensions of time as defined in Paragraph 4 - Term of Contract. The contractor agrees that such extensions of time shall not change any other term or condition of this Contract during the period of such extensions. To implement an extension of time, an Amendment to the Contract shall be prepared and executed by the contractor and by Chief Executive Officer. Implementation Homelessness Plan - CPG Y2 Page 11 AO-19- 8.2 Assignment and Delegation/Mergers or Acquisitions 8.2.1 The contractor shall notify the County of any pending acquisitions/mergers of its company unless otherwise legally prohibited from doing so. If the contractor is restricted from legally notifying the County of pending acquisitions/mergers, then it should notify the County of the actual acquisitions/mergers as soon as the law allows and provide to the County the legal framework that restricted it from notifying the County prior to the actual acquisitions/mergers. 8.2.2 The contractor shall not assign its rights or delegate its duties under this Contract, or both, whether in whole or in part, without the prior written consent of County, in its discretion, and any attempted assignment or delegation without such consent shall be null and void. For purposes of this paragraph, County consent shall require a written Amendment to the Contract, which is formally approved and executed by the parties. Any payments by the County to any approved delegatee or assignee on any claim under this Contract shall be deductible, at County's sole discretion, against the claims, which the contractor may have against the County. 8.2.3 Shareholders, partners, members, or other equity holders of contractor may transfer, sell, exchange, assign, or divest themselves of any interest they may have therein. However, in the event any such sale, transfer, exchange, assignment, or divestment is effected in such a way as to give majority control of contractor to any person(s), corporation, partnership, or legal entity other than the majority controlling interest therein at the time of execution of the Contract, such disposition is an assignment requiring the prior written consent of County in accordance with applicable provisions of this Contract. 8.2.4 Any assumption, assignment, delegation, or takeover of any of the contractor's duties, responsibilities, obligations, or performance of same by any person or entity other than the contractor, whether through assignment, subcontract, delegation, merger, buyout, or any other mechanism, with or without consideration for any reason whatsoever without County's express prior written approval, shall be a material breach of the Contract which may result in the termination of this Contract. In the event of such termination, County shall be entitled to pursue the same remedies against contractor as it could pursue in the event of default by Implementation Homelessness Plan - CPG Y2 Page 12 AO-19- contractor. 8.3 Authorization Warranty 8.3.1 The contractor represents and warrants that the person -executing this Contract for the contractor is an authorized agent who has actual authority to bind the contractor to each and every term, condition, and obligation of this Contract and that all requirements of the contractor have been fulfilled to provide such actual authority. 8.4 Budget Reductions 8.4.1 In the event that the County's Board of Supervisors adopts, ._ ---- _. -- -in any_ fiscal_ year, a .County Budget which provides- for - reductionsinthe salaries and benefits paid to the majority of County employees and imposes similar reductions with respect to County contracts, the County reserves the right to reduce its payment obligation under this Contract correspondingly for that fiscal year and any subsequent fiscal year daring the term of this Contract (including any extensions), and the services to be provided by the contractor under this Contract shall also be reduced correspondingly. The County's notice to the contractor regarding said reduction in payment obligation shall be provided within thirty (30) calendar days of the Board's approval of such actions. Except as set forth in the preceding sentence, the contractor shall continue to provide all of the services set forth in this Contract. 8:5 Complaints 8.5.1 The contractor shall develop, maintain and operate procedures for receiving, investigating and responding to complaints. 8,5.2 Complaint Procedures 8.5.2.1 Within thirty (30) business days after the Contract effective date, the contractor shall provide the County with the contractor's policy for receiving, investigating and responding to user complaints. 8.5.2.2 The County will review the contractor's policy and provide the contractor with approval of said plan or with requested changes. Implementation Homelessness Plan - CPG Y2 Page 13 AO-19- 8.5.2.3 If the County requests changes in the contractor's policy, the contractor shall make such changes and resubmit the plan within fifteen (15) business days for County approval. 8.5.2.4 If, at any time, the contractor wishes to change the contractor's policy, the contractor shall submit proposed changes to the County for approval before implementation. 8.5.2.5 The contractor shall preliminarily investigate all complaints and notify the County's Project Manager of the status of the investigation within thirty (30) business days of receiving the complaint. 8.5.2.6 When complaints cannot be resolved informally, a system of follow-through shall be instituted which adheres to formal plans for specific actions and strict time deadlines. 8.5.2.7 Copies of all written responses shall be sent to the County's Project Manager within ten (10) business days of mailing to the complainant. 8.6 Compliance with Applicable Law 8.6.1 In the performance of this Contract, contractor shall comply with all applicable Federal, State and local laws, rules, regulations, ordinances, directives, guidelines, policies and procedures, and all provisions required thereby to be included in this Contract are hereby incorporated herein by reference. 8.6.2 Contractor shall indemnify, defend, and hold harmless County, its officers, employees, and agents, from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses, including, without limitation, defense costs and legal, accounting and other expert, consulting or professional fees, arising from, connected with, or related to any failure by contractor, its officers, employees, agents, or subcontractors, to comply with any such laws, rules, regulations, ordinances, directives, guidelines, policies, or procedures, as determined by County in its sole judgment. Any legal defense pursuant to contractor's indemnification obligations under Paragraph 8.6 (Compliance with Applicable Law) shall be conducted by contractor and performed by counsel selected by contractor and approved by County. Notwithstanding the preceding Implementation Homelessness Plan - CPG Y2 Page 14 AO-19- sentence, County shall have the right to participate in any such defense at its sole cost and expense, except that in the event contractor fails to provide County with a full and adequate defense, as determined by County in its sole judgment, County shall be entitled to retain its own counsel, including, without limitation, County Counsel, and to reimbursement from contractor for all such costs and expenses incurred by County in doing so. Contractor shall not have the right to enter into any settlement, agree to any injunction or other equitable relief, or make any admission, in each case, on behalf of County without County's prior written approval. 8.7 Compliance with Civil Rights Laws 8.7.1 The contractor hereby assures that it will comply with Subchapter VI of the Civil Rights Act of 1964, 42 USC Sections 2000 (e) (1) through 2000 (e) (17), to the end that no person shall, on the grounds of .race, creed, color, sex, religion, ancestry, age, condition of .physical handicap, marital status, political affiliation, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Contract or under any project, program, or activity supported by this Contract. The contractor shall comply with Exhibit C - Contractor's EEO Certification. 8.8 Compliance with the County's Jury Service. Program 8.8.1 Jury Service Program: This Contract is subject to the provisions of the County's ordinance entitled Contractor Employee Jury Service ("Jury Service Program") as codified in Sections 2.203.010 through 2.203.090 of the Los Angeles County Code, a copy of which is attached as Exhibit G and incorporated by reference into and made a part of this Contract. 8.8.2 Written Employee Jury Service Policy. 1. Unless the contractor has demonstrated to the County's satisfaction either that the contractor is not a "contractor" as defined under the Jury Service Program (Section 2.203.020 of the County Code) or that the contractor qualifies for an exception to the Jury Service Program (Section 2.203.070 of the County Code), the contractor shall have and adhere to a written policy that provides that its--Emp]oZyees ___shalt receive__from____the Implementation Homelessness Plan - CPG Y2 Page 15 AO-19- contractor, on an annual basis, no less than five days of regular pay for actual jury service. The policy may provide that Employees deposit any fees received for such jury service with the contractor or that the contractor deduct from the Employee's regular pay the fees received for jury service. 2. For purposes of this paragraph, "contractor" means a person, partnership, corporation or other entity which has a contract with the County or a subcontract with a County contractor and has received or will receive an aggregate sum of fifty thousand dollars ($50,000) or more in any twelve (12) month period under one or more County contracts or subcontracts. "Employee" means any California resident who is a full-time employee of the contractor. "Full-time" means forty (40) hours or more worked per week, or a lesser number of hours if: 1) the lesser number is a recognized industry standard as determined by the County, or 2) contractor has a long-standing practice that defines the lesser number of hours as full-time. Full-time employees providing short-term, temporary services of ninety (90) days or less within a twelve (12) month period are not considered full-time for purposes of the Jury Service Program. If the contractor uses any subcontractor to perform services for the County under the Contract, the subcontractor shall also be subject to the provisions of this paragraph. The provisions of this paragraph shall be inserted into any such subcontract agreement and a copy of the Jury Service Program shall be attached to the agreement. 3. If the contractor is not required to comply with the Jury Service Program when the Contract commences, the contractor shall have a continuing obligation to review the applicability of its "exception status" from the Jury Service Program, and the contractor shall immediately notify the County if the contractor at any time either comes within the Jury Service Program's definition of "contractor" or if the contractor no longer qualifies for an exception to the Jury Service Program. In either event, the contractor shall immediately implement a written policy consistent with the Jury Service Program. The County may also require, at any time during the Contract and at its sole discretion, that the contractor demonstrate, to the County's satisfaction that the contractor either continues to remain outside of the Jury Implementation Homelessness Plan - CPG Y2 Page 16 AO-19- Service Program's definition of "contractor" and/or that the contractor continues to qualify for an exception to the Program. 4. Contractor's violation of this paragraph of the Contract may constitute a material- breach of the Contract. In the event of such material breach, County may, in its sole discretion, terminate the Contract and/or bar the contractor from the award of future County contracts for a period of time consistent with the seriousness of the breach. 8.9 Conflict of Interest 8.9.1 Na County_ employee whose position -with the County enables -such -employee to influence the award of this Contract or any competing Contract, and no spouse or economic dependent of such employee, shall be employed in any capacity by the contractor or have any other direct or indirect financial interest in this Contract. No officer or employee of the contractor who may financially benefit from the performance of_ work .hereunder shall in any way participate in the County's approval, or ongoing evaluation, of such work, or in any way attempt to unlawfully influence the County's approval or ongoing evaluation of such work. 8.9.2 The contractor shall comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Contract. The contractor warrants that it is not now aware of any facts that create a conflict of interest. If the contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to the County. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph shall be a material breach of this Contract. 8.10 Intentionally Omitted 8.11 Consideration of Hiring GAIN -GROW Participants 8.11.1 Should the contractor require additional or replacement personnel after the effective date of this Contract, the contractor shall give consideration for any such employment _openings to participants in _ the County's _Department of Implementation Homelessness Plan - CPG Y2 Page 17 AO-19- Public Social Services Greater Avenues for Independence (GAIN) Program or General Relief Opportunity for Work (GROW) Program who meet the contractor's minimum qualifications for the open position. For this purpose, consideration shall mean that the contractor will interview qualified candidates. The County will refer GAIN -GROW participants by job category to the contractor. Contractors shall report all job openings with job requirements to: GAINGROW(c-D,dpss.lacounty.gov to obtain a list of qualified GAIN/GROW job candidates. 8.11.2 In the event that both laid -off County employees and GAIN/GROW participants are available for hiring, County employees shall be given first priority. 8.12 Contractor Responsibility and Debarment 8.12.1 Responsible Contractor A responsible. contractor is a contractor who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the contract. It is the County's policy to conduct business only with responsible contractors. 8.12.2 Chapter 2.202 of the County Code The contractor is hereby notified that, in accordance with Chapter 2.202 of the County Code, if the County acquires information concerning the performance of the contractor on this or other contracts which indicates that the contractor is not responsible, the County may, in addition to other remedies provided in the Contract, debar the contractor from bidding or proposing on, or being awarded, and/or performing work on County contracts for a specified period of time, which generally will not exceed five (5) years but may exceed five (5) years or be permanent if warranted by the circumstances, and terminate any or all existing contracts the contractor may have with the County. 8.12.3 Non -responsible contractor The County may debar a contractor if the Board of Supervisors finds, in its discretion, that the contractor has done any of the following: 1) violated a term of a contract with the County or a nonprofit corporation created by the County, 2) committed an act or omission which negatively reflects on the contractor's quality, fitness or capacity to Implementation Homelessness Plan - CPG Y2 Page 18 AO-19- perform a contract with the County, any other public entity, or a nonprofit corporation created by the County, or engaged in a pattern or practice which negatively reflects on same, 3) committed an act or offense which indicates a lack of business integrity or business honesty, or 4) made or submitted a false claim against the County or any other public entity. 8.12.4 Contractor Hearing Board 8.12.4.1 If there is evidence that the contractor may be subject to debarment, the Department will notify the contractor in writing of the evidence which is the basis for the proposed debarment and will - -advise thecontractorof-the scheduled date for - - a _ debarment ..hearing --before the -Contractor Hearing Board. 8.12.4.2 The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The contractor and/or the contractor's representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a tentative proposed decision, which shall contain a recommendation regarding whether the contractor should be debarred, and, if so, the appropriate length of time of the debarment. The contractor and the Department shall be provided an opportunity to object to the tentative proposed decision prior to its presentation to the Board of Supervisors. 8.12.4.3 After consideration of any objections, or if no objections are submitted, a record of the hearing, the proposed decision, and any other recommendation of the Contractor Hearing Board shall be presented to the Board of Supervisors. The Board of Supervisors shall have the right to modify, deny, or adopt the proposed decision and recommendation of the Contractor Hearing Board. 8.12.4.4 If a contractor has been debarred for a period longer than five (5) years, that contractor may after the debarment has been in effect for at least five (5) years, submit a written request for review of the debarment determination to reduce the period of debarment or terminate the Implementation Homelessness Plan - CPG Y2 Page 19 AO-19- debarment. The County may, in its discretion, reduce the period of debarment or terminate the debarment if it finds that the contractor has adequately demonstrated one or more of the following: 1) elimination of the grounds for which the debarment was imposed; 2) a bona fide change in ownership or management; 3) material evidence discovered after debarment was imposed; or 4) any other reason that is in the best interests of the County. 8.12.4.5 The Contractor Hearing Board will consider a request for review of a debarment determination only where 1) the contractor has been debarred for a period longer than five (5) years; 2) the debarment has been in effect for at least five (5) years; and 3) the request is in writing, states one or more of the grounds for reduction of the debarment period or termination of the debarment, and includes supporting documentation. Upon receiving an appropriate request, the Contractor Hearing Board will provide notice of the hearing on the request. At the hearing, the Contractor Hearing Board shall conduct a hearing where evidence on the proposed reduction of debarment period or termination of debarment is presented. This hearing shall be conducted and the request for review decided by the Contractor Hearing Board pursuant to the same procedures as for a debarment hearing. 8.12.4.6 The Contractor Hearing Board's proposed decision shall contain a recommendation on the request to reduce the period of debarment or terminate the debarment. The Contractor Hearing Board shall present its proposed decision and recommendation to the Board of Supervisors. The Board of Supervisors shall have the right to modify, deny, or adopt the proposed decision and recommendation of the Contractor Hearing Board. 8.12.5 Subcontractors of Contractor These terms shall also apply to subcontractors of County contractors. Implementation Homelessness Plan - CPG Y2 Page 20 AO-19- 8.13 Contractor's Acknowledgement of County's Commitment to Safely Surrendered Baby Law 8.13.1 The contractor acknowledges that the County places a high priority on the implementation of the Safely Surrendered Baby Law. The contractor understands that it is the County's policy to encourage all County contractors to voluntarily post the County's "Safely Surrendered Baby Law" poster, in Exhibit H, in a prominent position at the contractor's place of business. The contractor will also encourage its subcontractors, if any, to post this poster in a prominent position in the subcontractor's place of business. Information and posters for printing are available at www.babysafela.ora. - 8.14 Contractor's Warranty of Adherence to County's Child Supporf Compliance Program 8.14.1 The contractor acknowledges that the County has established a goal of ensuring that all individuals who benefit financially from the County through contracts are in compliance with their court-ordered child, family and spousal support obligations in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers. 8.14.2 As required by the County's Child Support Compliance Program (County Code Chapter 2.200) and without limiting the contractor's duty under this Contract to comply with all applicable provisions of law, the contractor warrants that it is now in compliance and shall during the term of this Contract maintain in compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 USC Section 653a) and California Unemployment Insurance Code Section 1088.5, and shall implement all lawfully served Wage and Earnings Withholding Orders or Child Support Services Department Notices of Wage and Earnings Assignment for Child, Family or Spousal Support, pursuant to Code of Civil Procedure Section 706.031 and Family Code Section 5246(b). 8.15 County's Quality Assurance Plan The County or its agent(s) will monitor the contractor's performance under this Contract on not less than an annual basis. Such monitoring will include assessing the contractor's compliance with all Contract terms and conditions and performance standards. Contractor deficiencies which the County determines are significant or continuing and that may place performance of the ____Qo-ritract. in Implementation Homelessness Plan - CPG Y2 Page 21 AO-19- jeopardy if not corrected will be reported to the Board of Supervisors and listed in the appropriate contractor performance database. The report to the Board will include improvement/corrective action measures taken by the County and the contractor. If improvement does not occur consistent with the corrective action measures, the County may terminate this Contract or impose other penalties as specified in this Contract. 8.16 Damage to County Facilities, Buildings or Grounds 8.16.1 The contractor shall repair, or cause to be repaired, at its own cost, any and all damage to County facilities, buildings, or grounds caused by the contractor or employees or agents of the contractor. Such repairs shall be made immediately after the contractor has become aware of such damage, but in no event later than thirty (30) days after the occurrence. 8.16.2 If the contractor fails to make timely repairs, County may make any necessary repairs. All costs incurred by County, as determined by County, for such repairs shall be repaid by the contractor by cash payment upon demand. 8.17 Employment Eligibility Verification 8.17.1 The contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirements set forth in Federal and State statutes and regulations. The contractor shall obtain, from all .employees performing work hereunder, all verification and other documentation of employment eligibility status required- by Federal and State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, (P.L. 99-603), or as they currently exist and as they may be hereafter amended. The contractor shall retain all such documentation for all covered employees for the period prescribed by law. 8.17.2 The contractor shall indemnify, defend, and hold harmless, the County, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against the contractor or the County or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract. Implementation Homelessness Plan - CPG Y2 Page 22 AO-19- 8.18 Facsimile Representations The County and the contractor hereby agree to regard facsimile representations of original signatures of authorized officers of each party, when appearing in appropriate places on the Contract Signature page, Amendments prepared pursuant -to Paragraph 8.1 (Amendments) and received via communications facilities, as legally sufficient evidence that such original signatures have been affixed to this Contract. 8.19 Fair Labor Standards 8.19.1 The contractor shall comply with all applicable provisions of the Federal Fair Labor Standards Act and shall indemnify, defend; and hold hatxnless the -County and_ its -agents, officers, and employees. from any, and all liability, including, but not limited to, wages, overtime pay, liquidated damages, penalties, court costs, and attorneys' fees arising under any wage and hour law, including, but not limited to, the Federal Fair Labor Standards Act, for work performed by the contractor's employees for which the County may be found jointly or solely liable. 8.20 Force Majeure 8.20.1 Neither party shall be Liable for such party's failure to perform its obligations under and in accordance with this Contract, if such failure arises out of fires, floods, epidemics, quarantine restrictions, other natural occurrences, strikes, lockouts (other than a lockout by such party _ or any. of such party's subcontractors), freight embargoes, or other similar events to those described above, but in every such case the failure to perform must be totally beyond the control and without any fault or negligence of such party (such events are referred to in this paragraph as "force majeure events _ 8.20.2 Notwithstanding the foregoing, a default by a subcontractor of contractor shall not constitute a force majeure event, unless such default arises out of causes beyond the control of both contractor and such subcontractor, and without any fault or negligence of either of them. In such case, contractor shall not be liable for failure to perform, unless the goods or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit contractor to meet the required performance schedule. As used in this subparagraph, the term Implementation Homelessness Plan - CPG Y2 Page 23 AO-19- "subcontractor" and "subcontractors" mean subcontractors at any tier. 8.20.3 In the event contractor's failure to perform arises out of a force majeure event, contractor agrees to use commercially reasonable best efforts to obtain goods or services from other sources, if applicable, and to otherwise mitigate the damages and reduce the delay caused by such force majeure event. 8.21 Governing Law, Jurisdiction, and Venue This Contract shall be governed by, and construed in accordance with, the laws of the State of California. The contractor agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Contract and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Los Angeles. 8.22 Independent Contractor Status 8.22.1 This Contract is by and between the County and the contractor and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between the County and the contractor. The employees and agents of one party shall not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever. 8.22.2 The contractor shall be solely liable and responsible for providing to, or on behalf of, all persons performing work pursuant to this Contract all compensation and benefits. The County shall have no liability or responsibility for the payment of any salaries, wages, unemployment benefits, disability benefits, Federal, State, or local taxes, or other compensation, benefits, or taxes for any personnel provided by or on behalf of the contractor. 8.22.3 The contractor understands and agrees that all persons performing work pursuant to this Contract are, for purposes of Workers' Compensation liability, solely employees of the contractor and not employees of the County. The contractor shall be solely liable and responsible for furnishing any and all Workers' Compensation benefits to any person as a result of any injuries arising from or connected with any work performed by or on behalf of the contractor pursuant to this Contract. Implementation Homelessness Plan - CPG Y2 Page 24 AO-19- 8.22.4 The contractor shall adhere to the provisions stated in Paragraph 7.6 (Confidentiality). 8.23 Indemnification -8.23.1 The -contractor shall indemnify, defend and hold harmless the County, its Special Districts, elected and appointed officers, employees, agents and volunteers (County Indemnitees) from and against any and all liability, including but not limited to demands, claims, actions, fees, costs and expenses (including attorney and expert witness fees), arising from and/or relating to this Contract, except for such loss or damage arising from the sole negligence or willful misconduct of the County indemnitees. 8.24 General Provisions for al] Insurance Coverage - - 8.24.1 Without limiting contractor's indemnification of County, and in the performance of this Contract and until all of its obligations pursuant to this Contract have been met, contractor shall provide and maintain at its own expense insurance coverage satisfying the requirements specified :'in Paragraphs '8.24 and 8.25 of this Contract. These minimum insurance coverage terms, types and limits (the "Required Insurance") also are in addition to and separate from any other contractual obligation imposed upon contractor pursuant to this Contract. The County in no way warrants that the Required Insurance is sufficient to protect the contractor for liabilities which may arise from or relate to this Contract. 8.24.2 Evidence of Coverage and Notice to County 8.24.2.1 Certificate(s) of insurance coverage (Certificate) satisfactory to County, and a copy of an Additional Insured endorsement confirming County and its Agents (defined below) has been given Insured status under the contractor's General Liability policy, shall be delivered to County' at the address shown below and provided prior to commencing services under this Contract. 8.24.2.2 Renewal Certificates shall be provided to County not less than ten (10) days prior to contractor's policy expiration dates. The County reserves the right to obtain complete, certified Implementation Homelessness Plan - CPG Y2 Page 25 AO-19- copies of any required contractor and/or subcontractor insurance policies at any time. 8.24.2.3 Certificates shall identify all Required Insurance coverage types and limits specified herein, reference this Contract by name or number, and be signed by an authorized representative of the insurer(s). The Insured party named on the Certificate shall match the name of the contractor identified as the contracting party in this Contract. Certificates shall provide the full name of each insurer providing coverage, its NAIC (National Association of Insurance Commissioners) identification number, its financial rating, the amounts of any policy deductibles or self-insured retentions exceeding fifty thousand dollars ($50,000), and list any County required endorsement forms. 8.24.2.4 Neither the County's failure to obtain, nor the County's receipt of, or failure to object to a non- complying insurance certificate or endorsement, or any other insurance documentation or information provided by the contractor, its insurance broker(s) and/or insurer(s), shall be construed as a waiver of any of the Required Insurance provisions. 8.24.2:5 Certificates and copies of any required endorsements shall be sent to: County of Los Angeles Homeless Initiative Unit - INSURANCE Chief Executive Office Hall of Administration 500 W. Temple Street, Rm 493 Los Angeles, CA 90012 hiadmin(aD-ceo.lacounty.gov 8.24.2.6 Contractor also shall promptly report to County any injury or property damage accident or incident, including any injury to a contractor employee occurring on County property, and any loss, disappearance, destruction, misuse, or theft of County property, monies or securities entrusted to contractor. Contractor also shall promptly notify County of any third party claim _ ..or _suit -.filed .against. contractor or any of_ its Implementation Homelessness Plan - CPG Y2 Page 26 AO-19- subcontractors which arises from or relates to this Contract, and could result in the filing of a claim or lawsuit against contractor and/or County. 8.24.3 Additional Insured Status and Scope of Coverage The County of Los Angeles, its Special Districts, Elected Officials, Officers, Agents, employees and volunteers (collectively County and its Agents) shall be provided additional insured status under contractor's General Liability policy with respect to liability arising out of contractor's ongoing and completed operations performed on behalf of the County. County and its Agents additional _ Insured status shall apply with respect to liability and - - defense of suits arising out of the contractor's acts or omissions, whether such liability is attributable to the contractor or to the County. The full policy limits and scope of protection also shall apply to the County and its Agents as an additional insured, even if they exceed the County's minimum Required Insurance specifications herein. Use of an automatic additional insured endorsement form is acceptable providing it satisfies the Required Insurance provisions herein. 8.24.4 Cancellation of or Changes in Insurance Contractor shall provide County with, or contractor's insurance policies shall contain a provision that County shall receive, written notice of cancellation or any change in Required Insurance, including insurer, limits of coverage, term of coverage or policy period. The written notice shall be provided to County at least ten (10) days in advance of cancellation for non-payment of premium and thirty (30) days in advance for any other cancellation or policy change. Failure to provide written notice of cancellation or any change in Required Insurance may constitute a material breach of the Contract, in the sole discretion of the County, upon which the County may suspend or terminate this Contract. 8.24.5 Failure to Maintain Insurance Contractor's failure to maintain or to provide acceptable evidence that it maintains the Required Insurance shall constitute a material breach of the Contract, upon which County immediately may withhold payments due to Implementation Homelessness Plan - CPG Y2 Page 27 AO-19- contractor, and/or suspend or terminate this Contract. County, at its sole discretion, may obtain damages from contractor resulting from said breach. Alternatively, the County may purchase the Required Insurance, and without further notice to contractor, deduct the premium cost from sums due to contractor or pursue contractor reimbursement. 8.24.6 Insurer Financial Ratings Coverage shall be placed with insurers acceptable to the County with A.M. Best ratings of not less than A:VII unless otherwise approved by County. 8.24.7 Contractor's Insurance Shall Be Primary Contractor's insurance policies, with respect to any claims related to this Contract, shall be primary with respect to all other sources of coverage available to contractor. Any County maintained insurance or self-insurance coverage shall be in excess of and not contribute to any contractor coverage. 8.24.8 Waivers of Subrogation To the fullest extent permitted by law, the contractor hereby waives its rights and its insurer(s)' rights of recovery against County under all the Required Insurance for any loss arising from or relating to this Contract. The contractor shall require its insurers to execute any waiver of subrogation endorsements which may be necessary to effect such waiver. 8.24.9 Subcontractor Insurance Coverage Requirements Contractor shall include all subcontractors as insureds under contractor's own policies, or shall provide County with each subcontractor's separate evidence of insurance coverage. Contractor shall be responsible for verifying each subcontractor complies with the Required Insurance provisions herein, and shall require that each subcontractor name the County and contractor as additional insureds on the subcontractor's General Liability policy. Contractor shall obtain County's prior review and approval of any subcontractor request for modification of the Required Insurance. Implementation Homelessness Plan - CPG Y2 Page 28 AO-19- 8.24.10 Deductibles and Self -Insured Retentions (SIRs) Contractor's policies shall not obligate the County to pay any portion of any contractor deductible or SIR. The County retains the right to require contractor to reduce or eliminate policy deductibles and SIRs as respects the County, or to provide a bond guaranteeing contractor's payment of all deductibles and SIRs, including all related claims investigation, administration and defense expenses. Such bond shall be executed by a corporate surety licensed to transact business in the State of California. 8.24.11 Claims Made Coverage If -any -part of the Required Insurance is written on a claims made basis, any policy retroactivedateshall precede the effective date of this Contract. Contractor understands and agrees it shall maintain such coverage for a period of not less than three '(3) years following Contract expiration, termination or cancellation. 8.24.12 Application of Excess Liability Coverage Contractors may use a combination of primary and excess insurance policies which provide coverage as broad as the underlying primary policies, to satisfy the Required Insurance provisions. 8.24.13 Separation of Insureds All liability policies _shall provide cross -liability coverage as would be afforded by the standard ISO (Insurance Services Office, Inc.) separation of insureds provision with no insured versus insured exclusions or limitations. 8.24.14 Alternative Risk Financing Programs The County reserves the right to review, and then approve, Contractor use of self-insurance, risk retention groups, risk purchasing groups, pooling arrangements and captive insurance to satisfy the Required Insurance provisions. The County and its Agents shall be designated as an Additional Covered Party under any approved program. 8.24.15 County Review and Approval of Insurance Requirements - -- Implementation Homelessness Plan - CPG Y2 Page 29 AO-19- The County reserves the right to review and adjust the Required Insurance provisions, conditioned upon County's determination of changes in risk exposures. 8.25 Insurance Coverage 8.25.1 Commercial General Liability insurance (providing scope of coverage equivalent to ISO policy form CG 00 01), naming County and its Agents as an additional insured, with limits of not less than: General Aggregate: $2 million Products/Completed Operations Aggregate: $1 million Personal and Advertising Injury: $1 million Each Occurrence: $1 million 8.25.2 Automobile Liability insurance (providing scope of coverage equivalent to ISO policy form CA 00 01) with limits of not less than $1 million for bodily injury and property damage, in combined or equivalent split limits, for each single accident. Insurance shall cover liability arising out of contractor's use of autos pursuant to this Contract, including owned, leased, hired, and/or non -owned autos, as each may be applicable. 8.25.3 Workers Compensation and Employers' Liability insurance or qualified self-insurance satisfying statutory requirements, which includes Employers' Liability coverage with limits of not less than $1 million per accident. If contractor will provide leased employees, or, is an employee leasing or temporary staffing firm or a professional employer organization (PEO), coverage also shall include an Alternate Employer Endorsement (providing scope of coverage equivalent to ISO policy form WC 00 03 01 A) naming the County as the Alternate Employer, and the endorsement form shall be modified to provide that County will receive not less than thirty (30) days advance written notice of cancellation of this coverage provision. If applicable to contractor's operations, coverage also shall be arranged to satisfy the requirements of any federal workers or workmen's compensation law or any federal occupational disease law. Implementation Homelessness Plan - CPG Y2 Page 30 AO-19- 8.25.4 Unique Insurance Coverage 8.25.4.1 Sexual Misconduct Liability Insurance covering actual or alleged claims for sexual misconduct and/or molestation with limits of not less than $2 million per claim and $2 million aggregate, and claims for negligent employment, investigation, supervision, training or retention of, or failure to report to proper authorities, a person(s) who committed any act of abuse, molestation, harassment, mistreatment or maltreatment of a sexual nature. 8.25.4.2 - Professional Liability -Errors and Omissions Insurance covering contractor's liability arising from or related to this Contract, with limits of not less than $1 million per claim and $2 million aggregate. Further, contractor understands and agrees it shall maintain such coverage for a period of not less than three (3) years following this Agreement's expiration, termination or cancellation. 8.26 Liquidated Damages 8.26.1 If, in the judgment of the Chief Executive Officer, or his/her designee, the contractor is deemed to be non-compliant with the terms and obligations assumed hereby, the Chief Executive Officer; or his/her designee, at his/her option, in addition to, 'or in lieu of, other remedies provided herein, may withhold the entire monthly payment or deduct pro rata from the contractor's invoice for work not performed. A description of the work not performed and the amount to be withheld or deducted from payments to the contractor from the County, will be forwarded to the contractor by the Chief Executive Officer, or his/her designee, in a written notice describing the reasons for said action. 8.26.2 If the Chief Executive Officer, or his/her designee, determines that there are deficiencies in the performance of this Contract that the Chief Executive Officer, or his/her designee, deems are correctable by the contractor over a certain time span, the Chief Executive Officer, or his/her designee, will provide a written notice to the contractor to correct the deficiency within specified time frames. Should ........ -- Implementation Homelessness Plan - CPG Y2 Page 31 AO-19- the contractor fail to correct deficiencies within said time frame, the Chief Executive Officer, or his/her designee, may: (a) Deduct from the contractor's payment, pro rata, those applicable portions of the Monthly Contract Sum; and/or (b) Deduct liquidated damages. The parties agree that it will be impracticable or extremely difficult to fix the extent of actual damages resulting from the failure of the contractor to correct a deficiency within the specified time frame. The parties hereby agree that under the current circumstances a reasonable estimate of such damages is one hundred dollars ($100) per day per infraction, and that the contractor shall be liable to the County for liquidated damages in said amount. Said amount shall be deducted from the County's payment to the contractor; and/or (c) Upon giving five (5) days notice to the contractor for failure to correct the deficiencies, the County may correct any and all deficiencies and the total costs incurred by the County for completion of the work by an alternate source, whether it be County forces or separate private contractor, will be deducted and forfeited from the payment to the contractor from the County, as determined by the County. 8.26.3 The action noted in Paragraph - 8.26.2 shall not be construed as a penalty, but as adjustment of payment to the contractor to recover the County cost due to the failure of the contractor to complete or comply with the provisions of this Contract. 8.26.4 This Paragraph shall not, in any manner, restrict or limit the County's right to damages for any breach of this Contract provided by law or as specified in the PRS or Paragraph 8.26.2, and shall not, in any manner, restrict or limit the County's right to terminate this Contract as agreed to herein. 8.27 Most Favored Public Entity 8.27.1 If the contractor's prices decline, or should the contractor at any time during the term of this Contract provide the same goods or services under similar quantity and delivery conditions to the State of California or any county, municipality, or district of the State at prices below those set forth in this Contract, then such lower prices shall be immediately extended to the County. Implementation Homelessness Plan - CPG Y2 Page 32 AO-19- 8.28 Nondiscrimination and Affirmative Action 8.28.1 The contractor certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies are and shall be treated equally without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti -discrimination laws and regulations. 8.28.2 The contractor shall certify to, and comply with, the provisions of Exhibit C (Contractor's EEO Certification). 8.28.3 The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated"_ - during --employment, without regard to race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti -discrimination laws and regulations. Such action shall include, but is not limited to: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 8.28.4 The contractor certifies and agrees that it will deal with its subcontractors, bidders, or vendors without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation. 8.28.5 The contractor certifies and agrees that it, its affiliates, subsidiaries, or holding companies shall comply with all applicable Federal and State laws and regulations to the end that no person shall, on the grounds of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Contract or under any project, program, or activity supported by this Contract. 8.28.6 The contractor shall allow County representatives access to the contractor's employment records during regular business hours to verify compliance with the provisions of this Paragraph 8.28 (Nondiscrimination and Affirmative Action) when so requested by the County. Implementation Homelessness Plan - CPG Y2 Page 33 AO-19- 8.28.7 If the County finds that any provisions of this Paragraph 8.28 (Nondiscrimination and Affirmative Action) have been violated, such violation shall constitute a material breach of this Contract upon which the County may terminate or suspend this Contract. While the County reserves the right to determine independently that the anti -discrimination provisions of this Contract have been violated, in addition, a determination by the California Fair Employment and Housing Commission or the Federal Equal Employment Opportunity Commission that the contractor has violated Federal or State anti -discrimination laws or regulations shall constitute a finding by the County that the contractor has violated the anti -discrimination provisions of this Contract. 8.28.8 The parties agree that in the event the contractor violates any of the anti -discrimination provisions of this Contract, the County shall, at its sole option, be entitled to the sum of five hundred dollars ($500) for each such violation pursuant to California Civil Code Section 1671 as liquidated damages in lieu of terminating or suspending this Contract. 8.29 Non Exclusivity 8.29.1 Nothing herein is intended nor shall be construed as creating any exclusive arrangement with the contractor. This Contract shall not restrict County from acquiring similar, equal or like goods and/or services from other entities or sources. 8.30 Notice of Delays 8.30.1 Except as otherwise provided under this Contract, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Contract, that party shall, within one (1) business day, give notice thereof, including all relevant information with respect thereto, to the other party. 8.31 Notice of Disputes 8.31.1 The contractor shall bring to the attention of the County's Project Manager and/or County's Project Director any dispute between the County and the contractor regarding the performance of services as stated in this Contract. If the County's Project Manager or County's Project Director is not able to resolve the dispute, the Chief Executive Officer, or designee shall resolve it. Implementation Homelessness Plan - CPG Y2 Page 34 AO-19- 8.32 Notice to Employees Regarding the Federal Earned Income Credit 8.32.1 The contractor shall notify its employees, and shall require each subcontractor to notify its employees, that they may be eligible for the Federal Earned Income Credit under the federal income tax laws. Such notice shall be provided in accordance with the requirements set forth in Internal Revenue Service Notice No.. 1015. 8.33 Notice to Employees Regarding the Safely Surrendered Baby Law 8.33.1 The contractor shall notify and :provide to its employees, and shall require each subcontractor ta-notify and provide to its -employees, information: regarding the Safely Surrendered Baby Law, its implementation in Los Angeles County, and where and how to safely surrender a baby. The information is set forth in Exhibit H, Safely Surrendered Baby- Law of this Contract. Additional information is available at www.babysafela.org. 8.34 Notices 8.34.1 All notices or demands required or permitted to be given or made under this Contract shall be in writing and shall be hand delivered with signedreceipt or mailed by first-class registered or certified mail, postage prepaid, addressed to the parties as identified in Exhibits D (County's Administration) and E (Contractor's Administration). Addresses may be changed by either party giving ten (10) days prior written notice thereof to the other party. The Chief Executive Officer or his/her designee shall have the authority to issue all notices or demands required or permitted by the County under this Contract. 8.35 Prohibition Against Inducement or Persuasion 8.35.1 Notwithstanding the above, the contractor and the County agree that, during the term of this Contract and for a period of one year thereafter, neither party shall in any way intentionally induce or persuade any employee of one party to become an employee or agent of the other party. No bar exists against any hiring action initiated through a public announcement. Implementation Homelessness Plan - CPG Y2 Page 35 AO-19- 8.36 Public Records Act 8.36.1 Any documents submitted by the contractor; all information obtained in connection with the County's right to audit and inspect the contractor's documents, books, and accounting records pursuant to Paragraph 8.38 (Record Retention and Inspection -Audit Settlement) of this Contract; as well as those documents which were required to be submitted in response to the Request for Proposals (RFP) used in the solicitation process for this Contract, if applicable, become the exclusive property of the County. All such documents become a matter of public record and shall be regarded as public records. Exceptions will be those elements in the California Government Code Section 6250 et seq. (Public Records Act) and which are marked "trade secret", "confidential", or "proprietary". The County shall not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so marked, if disclosure is required by law, or by an order issued by a court of competent jurisdiction. 8.36.2 In the event the County is required to defend an action on a Public Records Act request for any of the aforementioned documents, information, books, records, and/or contents of a proposal marked "trade secret", "confidential", or "proprietary", the contractor agrees to defend and indemnify the County from all costs and expenses, including reasonable attorney's fees, in action or liability arising under the Public Records Act. 8.37 Publicity 8.37.1 The contractor shall not disclose any details in connection with this Contract to any person or entity except as may be otherwise provided hereunder or required by law. However, in recognizing the contractor's need to identify its services and related clients to sustain itself, the County shall not inhibit the contractor from publishing its role under this Contract within the following conditions: 8.37.1.1 The contractor shall develop all publicity material in a professional manner; and 8.37.1.2 During the term of this Contract, the contractor shall not, and shall not authorize another to, publish or disseminate any commercial advertisements, press releases, feature articles, or other materials using the name of the County implementation Homelessness Plan - CPG Y2 Page 36 AO-19- without the prior written consent of the County's Project Director. The County shall not unreasonably withhold written consent. 8.37.2 The contractor may, without the prior written consent of County, indicate in its proposals and sales materials that it has been awarded this Contract with the County of Los Angeles, provided that the requirements of this Paragraph 8.37 (Publicity) shall apply. 8.38 Record Retention and Inspection -Audit Settlement 8.38.1 The contractor shall maintain accurate and complete financial records of its activities and operations relating to this Contract An- accordance with generally accepted - - accounting _principles, The -contractor shall also maintain accurate and complete employment and other records relating to its performance of this Contract. The contractor agrees that the County, or its authorized representatives, shall have access to and the right to examine, audit, excerpt, copy, or transcribe any pertinent transaction, activity, �or record relating to this Contract. All -such material, including, but not limited to, all financial records, bank statements, cancelled checks or other proof of payment, timecards, sign-in/sign-out sheets and other time and employment records, and proprietary data and information, shall be kept and maintained by the contractor and shall be made available to the County during the term of this Contract and for a period of five (5) years thereafter unless the County's written permission is given to dispose of any such material prior to such time. All such material shall be maintained by the contractor at a location in Los Angeles County, provided that if any such material is located outside Los Angeles County, then, at the County's option, the contractor shall pay the County -for travel, per diem, and other costs incurred y the County to examine, audit excerpt, copy, or transcribe such material at such other location. 8.38.2 In the event that an audit of the contractor is conducted specifically regarding this Contract by any Federal or State auditor, or by any auditor or accountant employed by the contractor or otherwise, then the contractor shall file a copy of such audit report with the County's Auditor -Controller within thirty (30) days of the contractor's receipt thereof, unless otherwise provided by applicable Federal or State law' or under this Contract. Subject to applicable law, the Implementation Homelessness Plan - CPG Y2 Page 37 AO-19- County shall make a reasonable effort to maintain the confidentiality of such audit report(s) 8.38.3 Failure on the part of the contractor to comply with any of the provisions of this subparagraph 8.38 shall constitute a material breach of this Contract upon which the County may terminate or suspend this Contract. 8.38.3 If, at any time during the term of this Contract or within five (5) years after the expiration or termination of this Contract, representatives of the County conduct an audit of the contractor regarding the work performed under this Contract, and if such audit finds that the County's dollar liability for any such work is less than payments made by the County to the contractor, then the difference shall be either: a) repaid by the contractor to the County by cash payment upon demand or b) at the sole option of the County's Auditor -Controller, deducted from any amounts due to the contractor from the County, whether under this Contract or otherwise. If such audit finds that the County's dollar liability for such work is more than the payments made by the County to the contractor, then the difference shall be paid to the contractor by the County by cash payment, provided that in no event shall the County's maximum obligation for this Contract exceed the funds appropriated by the County for the purpose of this Contract. 8.39 Recycled Bond Paper 8.39.1 Consistent with the Board of Supervisors' policy to reduce the amount of solid waste deposited at the County landfills, the contractor agrees to use recycled -content paper to the maximum extent possible on this Contract. 8.40 Subcontracting 8.40.1 The requirements of this Contract may not be subcontracted by the contractor without the advance approval of the County. Any attempt by the contractor to subcontract without the prior consent of the County may be deemed a material breach of this Contract. 8.40.2 If the contractor desires to subcontract, the contractor shall provide the following information promptly at the County's request: 8.40.2.1 A description of the work to be performed by the subcontractor; Implementation Homelessness Plan - CPG Y2 Page 38 AO-19- 8.40.2.2 A -draft copy of the proposed subcontract; and 8.40.2.3 Other pertinent information and/or certifications requested by the County. 8.40.3 The contractor shall indemnify, defend, and hold the County harmless with respect to the activities of each and every subcontractor in the same manner and to the same degree as if such subcontractor(s) were the contractor employees. Any entity hired by Contractor shall indemnify, defend and hold harmless the County, its Special Districts, elected and appointed officers, employees, agents and volunteers ("County Indemnitees") from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, .1111and expenses (including attorney and expert Witness - fees), -arising from or relating -to-this Contract, except for such loss or damage arising from the sole negligence or willful misconduct of the County Indemnitees. 8.40.4 The contractor shall remain fully responsible for all performances required of it under this Contract, including those that the contractor has determined to subcontract, notwithstanding the County's approval of the contractor's proposed subcontract. 8.40.5 The County's consent to subcontract shall not waive the County's right to prior and continuing approval of any and all personnel, including subcontractor employees, providing services under this Contract. The contractor is responsible to notify its subcontractors of this County right. 8.40.6 The County's Project Director is authorized to act for and on behalf of the County with respect to approval of any subcontract and subcontractor employees. After approval of the subcontract by the County, contractor shall forward a illy ed sabe�ntrae i} — 8.40.7 the contractor shall be solely Gable and responsible for all payments or other compensation to all subcontractors and their officers, employees, agents, and successors in interest arising through services performed hereunder, notwithstanding the County's consent to subcontract. 8.40.8 The contractor shall obtain certificates of insurance, which establish that the subcontractor maintains all the programs of insurance required by the County from each approved subcontractor. Before any subcontractor employee may Implementation Homelessness Plan - CPG Y2 Page 39 AO-19- perform any work hereunder, contractor shall ensure delivery of all such documents to: County of Los Angeles Homeless Initiative Unit - INSURANCE Chief Executive Office Hall of Administration 500 W. Temple Street, Rm 493 Los Angeles, CA 90012 hiadmin(aD-ceo.lacounty.gov 8.41 Termination for Breach of Warranty to Maintain Compliance with County's Child Support Compliance Program 8.41.1 Failure of the contractor to maintain compliance with the requirements set forth in Paragraph 8.14 (Contractor's Warranty of Adherence to County's Child Support Compliance Program) shall constitute default under this Contract. Without limiting the rights and remedies available to the County under any other provision of this Contract, failure of the contractor to cure such default within ninety (90) calendar days of written notice shall be grounds upon which the County may terminate this Contract pursuant to Paragraph 8.43 (Termination for Default) and pursue debarment of the contractor, pursuant to County Code Chapter 2.202. 8.42 Termination for Convenience 8.42.1 This Contract may be terminated, in whole or in part, from time to time, when such action is deemed by the County, in its sole discretion, to be in its best interest. Termination of work hereunder shall be effected by notice of termination to the contractor specifying the extent to which performance of work is terminated and the date upon which such termination becomes effective. The date upon which such termination becomes effective shall be no less than ten (10) days after the notice is sent. 8.42.2 After receipt of a notice of termination and except as otherwise directed by the County, the contractor shall: 8.42.2.1 Stop work under this Contract on the date and to the extent specified in such notice, and 8.42.2.2 Complete performance of such part of the work as shall not have been terminated by such notice. Implementation Homelessness Plan - CPG Y2 Page 40 AO-19- 8.42.3 All material including books, records, documents, or other evidence bearing on the costs and expenses of the contractor under this Contract shall be maintained by the contractor in accordance with Paragraph 8.38 (Record Retention and Inspection -Audit Settlement). 8.43 Termination for Default 8.43.1 The County may, by written notice to the contractor, terminate the whole or any part of this Contract, if, in the judgment of County's Project Director: 8.43.1.1 Contractor has materially breached this Contract; or ..._ _ - - _ _ --- - __. ........ _ _- - - 8.43.1.2 Contractor fails to -timely provide and/or satisfactorily perform any task, deliverable, service, or other work required either under this Contract; or 8.43.1.3 Contractor fails to demonstrate a high probability of timely fulfillment of performance requirements under this Contract, or of any obligations of this Contract and in either case, fails to demonstrate convincing progress toward a cure within five (5) working days (or such longer period as the County may authorize in writing) after receipt of written notice from the County specifying such failure. 8.43.2 In the event that the County terminates this Contract in whole or in part as provided in Paragraph 8.43.1, the County may procure, upon such terms -and in such manner as the County may deem appropriate, goods and services similar to those so terminated. The contractor shall be liable to the - County for any and all excess costs incurred by the County, sand services. The contractor shall continue the performance of this Contract to the extent not terminated under the provisions of this paragraph. 8.43.3 Except with respect to defaults of any subcontractor, the contractor shall not be liable for any such excess costs of the type identified in Paragraph 8.43.2 if its failure to perform this Contract arises out of causes beyond the control and without the fault or negligence of the contractor. Such causes may include, but are not limited to: acts of God or of the public enemy, acts of the County in either its sovereign or contractualcapacity, acts of_Federal or -State Implementation Homelessness Plan - CPG Y2 Page 41 AO-19- governments in their sovereign capacities, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case, the failure to perform must be beyond the control and without the fault or negligence of the contractor. If the failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the control of both the contractor and subcontractor, and without the fault or negligence of either of them, the contractor shall not be liable for any such excess costs for failure to perform, unless the goods or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the contractor to meet the required performance schedule. As used in this paragraph, the term "subcontractor(s)" means subcontractor(s) at any tier. 8.43.4 If, after the County has given notice of termination under the provisions of Paragraph 8.43 (Termination for Default) it is determined by the County that the contractor was not in default under the provisions of Paragraph 8.43 (Termination for Default) or that the default was excusable under the provisions of subparagraph 8.43.3, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Paragraph 8.42 (Termination for Convenience). 8.43.5 The rights and remedies of the County provided in this Paragraph 8.43 (Termination for Default) shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. 8.44 Termination for Improper Consideration 8.44.1 The County may, by written notice to the contractor, immediately terminate the right of the contractor to proceed under this Contract if it is found that consideration, in any form, was offered or given by the contractor, either directly or through an intermediary, to any County officer, employee, or agent with the intent of securing this Contract or securing favorable treatment with respect to the award, amendment, or extension of this Contract or the making of any determinations with respect to the contractor's performance pursuant to this Contract. In the event of such termination, the County shall be entitled to pursue the same remedies against the contractor as it could pursue in the event of default by the contractor. Implementation Homelessness Plan - CPG Y2 Page 42 AO-19- 8.44.2 The contractor shall immediately reportany attempt by a County officer or employee to solicit such improper consideration. The report shall be made either to the County manager charged with the supervision of the employee or to the County Auditor -Controller's Employee Fraud Hotline at (800)-544-6861.- 8.44.3 Among other items, such improper consideration may take the form of cash, discounts, services, the provision of travel or entertainment, or tangible gifts. 8.45 Termination for Insolvency 8.45,1 The County may terminate this Contract forthwith in the event of the -occurrence of any -of thafollowing: ___- - _. __ _ ___ ....... _.... 8.45.1.1 Insolvency of the contractor. The contractor shall be deemed to be insolvent if it has ceased to pay its debts for at least sixty (60) days in the ordinary course of business or cannot pay its debts as they become due, whether or not a petition has been filed under the Federal Bankruptcy Code and whether or not the contractor is insolvent within the meaning of the Federal Bankruptcy Code; 8.45.1.2 The filing of a voluntary or involuntary petition regarding the contractor under the Federal Bankruptcy Code; 8.45.1.3 The appointment of a Receiver or Trustee for the _ contractor; or 8.45.1.4 The execution by the contractor of a general assignment for the benefit of creditors. 8.45.2 The rights and remedies of the County provided in this Paiagiaph oiven-cyy shait-nest-be — - --- - - — exclusive and are in addition to any other rights and remedies provided by law or under this Contract. 8.46 Termination for Non -Adherence of County Lobbyist Ordinance 8.46.1 The contractor, and each County Lobbyist or County Lobbying firm as defined in County Code Section 2.160.010 retained by the contractor, shall fully comply with the County's Lobbyist Ordinance, County Code Chapter 2.160. Failure on the part of the contractor or any County Lobbyist or County Lobbying firm retained by the contractor to fully Implementation Homelessness Plan - CPG Y2 Page 43 AO-19- comply with the County's Lobbyist Ordinance shall constitute a material breach of this Contract, upon which the County may in its sole discretion, immediately terminate or suspend this Contract. 8.47 Termination for Non -Appropriation of Funds 8.47.1 Notwithstanding any other provision of this Contract, the County shall not be obligated for the contractor's performance hereunder or by any provision of this Contract during any of the County's future fiscal years unless and until the County's Board of Supervisors appropriates funds for this Contract in the County's Budget for each such future fiscal year. In the event that funds are not appropriated for this Contract, then this Contract shall terminate as of June 30 of the last fiscal year for which funds were appropriated. The County shall notify the contractor in writing of any such non -allocation of funds at the earliest possible date. 8.48 Validity 8.48.1 If any provision of this Contract or the application thereof to any person or circumstance is held invalid, the remainder of this Contract and the application of such provision to other persons or circumstances shall not be affected thereby. 8.49 Waiver 8.49.1 No waiver by the County of any breach of any provision of this Contract shall constitute a waiver of any other breach or of such provision. Failure of the County to enforce at any time, or from time to time, any provision of this Contract shall not be construed as a waiver thereof. The rights and remedies set forth in this paragraph 8.49 shall not be exclusive and .are in addition to any other rights and remedies provided by law or under this Contract. 8.50 Warranty Against Contingent Fees 8.50.1 The contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon any Contract or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the contractor for the purpose of securing business. Implementation Homelessness Plan - CPG Y2 Page 44 AO-19- 8.50.2 For -breach -of this warranty, the -County shall- have the right - to terminate this Contract and, at its sole discretion, deduct from the Contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8.51 Warranty of Compliance with County's Defaulted Property Tax Reduction Program 8.51.1 Contractor acknowledges that County has established a goal of ensuring that all individuals and businesses that benefit financially from County through contract are current in paying their property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon County and its taxpayers. Unless contractor qualifies for an exemption or exclusion, contractor warrants and certifies that to the best of its knowledge it is now in compliance, and during the term of this contract will maintain compliance, with Los Angeles County Code Chapter 2.206. 8.52 Termination for Breach of Warranty to Maintain Compliance with County's Defaulted Property Tax Reduction Program 8.52.1 Failure of contractor to maintain compliance with the requirements set forth in Paragraph 8.51 'Warranty of Compliance with County's Defaulted Property Tax Reduction Program" shall constitute default under this contract. Without limiting the rights and remedies available to County under any other provision of this contract, failure of contractor to cure such default within ten (10) days of notice shall be grounds upon which County may terminate this contract and/or pursue debarment of contractor, pursuant to County Code Chapter 2.206. 8.53 Time Off for Voting 8.53.1 The contractor shall notify its employees, and shall require each subcontractor to notify and provide to its employees, information regarding the time off for voting law (Elections Code Section 14000). Not less than ten (10) days before every statewide election, every contractor and subcontractors shall keep posted conspicuously at the _ place of work, if practicable, or elsewhere where it can be seen as employees come or go to their place of work, a notice setting forth the provisions of Section 14000. Implementation Homelessness Plan - CPG Y2 Page 45 AO-19- 8.54 Compliance with County's Zero Tolerance Policy on Human Trafficking Contractor acknowledges that the County has established a Zero Tolerance Policy on Human Trafficking prohibiting contractors from engaging in human trafficking. If a Contractor or member of Contractor's staff is convicted of a human, trafficking offense, the County shall require that the Contractor or member of Contractor's staff be removed immediately from performing services under the Contract. County will not be under any obligation to disclose confidential information regarding the offenses other than those required by law. Disqualification of any member of Contractor's staff pursuant to this paragraph shall not relieve Contractor of its obligation to complete all work in accordance with the terms and conditions of this Contract. 8.55 Compliance with Fair Chance Employment Practices Contractor shall comply with fair chance employment hiring practices set forth in California Government Code Section 12952, Employment Discrimination: Conviction History. Contractor's violation of this paragraph of the Contract may constitute a material breach of the Contract. In the event of such material breach, County may, in its sole discretion, terminate the Contract. 8.56 Compliance with the County Policy of Equity The contractor acknowledges that the County takes its commitment to preserving the dignity and professionalism of the workplace very seriously, as set forth in the County Policy of Equity (CPOE) (https:Hceop.lacounty.gov/). The contractor further acknowledges that the County strives to provide a workplace free from discrimination, harassment, retaliation and inappropriate conduct based on a protected characteristic, and which may violate the CPOE. The contractor, its employees and subcontractors acknowledge and certify receipt and understanding of the CPOE. Failure of the contractor, its employees or its subcontractors to uphold the County's expectations of a workplace free from harassment and discrimination, including inappropriate conduct based on a protected characteristic, may subject the contractor to termination of contractual agreements as well as civil liability. Implementation Homelessness Plan - CPG Y2 Page 46 AO-19- _ _9 UNIQUE TERMS AND CONDITIONS 9.1 Contractor Protection of Electronic County Information 9.1.1 Data Encryption Contractor and subcontractors that electronically transmit or store personal information (PI), protected health information (PHI) and/or medical information (MI) shall comply with the encryption standards set forth below. PI is defined in California Health Insurance Portability and Accountability Act of 1996 (HIPPA), and implementing regulations, MI is defined in California Civil Code Section 56.050). Stored Data- Contractors' and subcontractors' workstations and portable devices that are 'used to access, store, receive and/or transmit County PI, PHI or MI (e.g., mobile, wearables, tablets, thumb drives, external hard drives) require encryption (i.e. software and/or hardware) in accordance with: a) Federal Information Processing Standard Publication (FIPS) 140-2; b) National Institute of Standards and Technology (NIST) Special Publication 800-57 Recommendation for Key Management - Part 1: General (Revision 3); c) NIST Special Publication 800-57 Recommendation for Key Management - Part 2: Best Practices for Key Management Organization; and d) NIST Special Publication 800-111 Guide to Storage Encryption Technologies for End User Devices. Advanced Encryption Standard (AES) with 'cipher strength of 256 -bit is minimally required. b. Transmitted Data et�vark) County -Pi; -Pi-I1--and/0r-- MI require encryption in accordance with: a) NIST Special Publication 800-52 Guidelines for the Selection and Use of Transport Layer Security Implementations; and b) NIST Special Publication 800-57 Recommendation for Key Management - Part 3: Application -Specific Key Management Guidance. Secure Sockets Layer (SSL) is minimally required with minimum cipher strength of 128 -bit. Implementation Homelessness Plan - CPG Y2 Page 47 AO-19- C. Certification The County must receive within ten (10) business days of its request, a certification from the Contractor (for itself and any Subcontractors) that certifies and validates compliance with the encryption standards set for the above. In additional, Contractor shall maintain a copy of any validation/attestation report that its data encryption product(s) generate and such reports shall be subject to audit in accordance with the Contract. Failure on the part of the Contractor to comply with any of the provisions of this Subparagraph 9.3.1 (Data Encryption) shall constitute a material breach of this Contract upon which the County may terminate or suspend this Contract. 9.2 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) 9.2.1 Contractor expressly acknowledges and agrees that the provision of services under this Agreement does not require or permit access by Contractor or any of its officers, employees, or agents, to any patient medical records/patient information. Accordingly, Contractor shall instruct its officers, employees, and agents that they are not to pursue, or gain access to, patient medical records/patient information for any reason whatsoever. 9.2.2 Notwithstanding the forgoing, the parties acknowledge that in the course of the provision of services hereunder, Contractor or its officers, employees, and agents, may have inadvertent access to patient medical records/patient information. Contractor understands and agrees that neither it nor its officers, employees, or agents, are to take advantage of such access for any purpose whatsoever. 9.2.3 Additionally, in the event of such inadvertent access, Contractor and its officers, employees, and agents, shall maintain the confidentiality of any information obtained and shall notify Director that such access has been gained immediately, or upon the first reasonable opportunity to do so. In the event of any access, whether inadvertent or intentional, Contractor shall indemnify, defend, and hold harmless County, its officers, employees, and agents, from and against any and all liability, including but not limited to, actions, claims, costs, demands, expenses, and fees (including attorney and expert witness fees) arising from or connected with Contractor's or its officers', employees', or agents', access to patient medical records/patient information. Implementation Homelessness Plan - CPG Y2 Page 48 AO-19- _ Contractor. agrees to -provide - appropriate training to its employees regarding their obligations as described hereinabove. Implementation Homelessness Plan - CPG Y2 AO -19 - Page 49 IN WITNESS WHEREOF, County has caused this Contract to be executed by its Chief Executive Officer. Contractor has caused this Contract to be executed by its duly authorized representative. COUNTY OF LOS ANGELES 0 SACHI A. HAMA[ CHIEF EXECUTIVE OFFICER APPROVED AS TO FORM: MARY C. WICKHAM County Counsel KATHERINE M. BOWSER Principal Deputy County Counsel Date By City of Baldwin Park Contractor Signed: Printed: Manuel Lozano Title: Mayor Implementation Homelessness Plan - CPG Y2 Page 50 AO-19- EXHIBIT A STATEMENT OF WORK City -of Baldwin Park -Multi -jurisdictional City Homelessness Plan Implementation Grant Section I. Overview On August 17, 2015, in response to the growing crisis of homelessness, the Los Angeles County Board of Supervisors launched the Homeless Initiative (HI) to prevent and combat homelessness which continues to pervade our communities. An unprecedented collaborative planning process resulted in a comprehensive plan consisting of 47 strategies, with four more strategies subsequently added. Recognizing the need to sustain the HI strategies, the Board of Supervisors approved the Measure H ordinance that identifies 21 of the 51 HI strategies as eligible for funding through Measure H. On March 7, 2017, the voters approved Measure H. ......................... .... _... --- Since the inception of the HI in 2015, collaboration and engagement with the 88 cities in the County has been a major priority for the County. Cities play a critical role in ensuring that the impact of these strategies is maximized. Cities have jurisdiction over housing and land use for about 90% of the countywide population, and thus play a vital role in developing affordable housing and interim housing. In 2017, the Board of Supervisors approved funding to cities to develop their own homelessness plans. In 2018, participating cities submitted their homelessness plans. In September 2018, the Board of Supervisors approved $9 million in Measure H funding for the HI and United Way Home for Good Funders Collaborative to issue a Request for Proposals (RFP) for the cities to implement their homelessness plans, either as individual cities or multi jurisdictional partners. Based on the 2018 Point -in -Time Homeless Count (PIT Count) conducted by the Los Angeles Homeless Services Authority (LAHSA), the cities of Baldwin Park, EI Monte and South EI Monte (Cohort) have a combined homeless count of 775 individuals and family members. Since the completion of their homeless plans in 2018, the Cohort Cities have been working collectively to combat homelessness and agreed to formally partner to develop —,a plan to: 1) increase the supply of suppo-fte .- nd-intelim_hausina fcx _p.eslple_— experiencing homelessness at a regional level; and 2) enhance the availability and access to homeless services to prevent and combat homelessness in the region. The Cohort, identified the city of Baldwin Park as lead agency and fiscal administrator for this multi jurisdictional proposal. The Cohort's long-term vision is to create a system change and set in place efficiencies through policies and programs within the Cities that will align with the County's. The Cohort, through its respective Community Development Departments, Planning Department and Department of Recreation and Community Services (Baldwin Park) will achieve its vision in partnership with the San Gabriel Valley (SGV) Council of Governments (CoG), and the HI, with whom planning work is already underway. The EXHIBIT A STATEMENT OF WORK proposed project is a result of discussions between cohort cities and each cohort city's goals and objectives as described below: Baldwin Park: • Coordinate Local Efforts to Respond to Homelessness • Help Prevent Individuals and Families from Becoming Homeless • Connect Case Management and Services to the Coordinated Entry System • Expand Access to Workforce Development Programs to Increase Employment • Explore Opportunities to Increase the Number of Units of Affordable/Supportive Housing EI Monte: • Better Understand the City's Homeless Population and Educate the Community • Increase Engagement Activities and Links to Crisis Response System • Expand Access to Workforce Development and Employment Programs • Increase the Number of Shelter Beds • Increase the Number of Affordable/Supportive Housing Units • Participate in Regional Collaboration Opportunities South EI Monte: • Educate City Staff and the Community about Homelessness and Available Resources • Increase Outreach and Engagement Activities Goal • Expand Employment Opportunities in the City • Create Shelter Options in the City • Create New Affordable/Supportive Housing Options in the City • Coordinate with Regional Partners on Homelessness Plan Implementation Section II. Objectives and Program Description Please check all that apply: ® Priority Area 1 - Increase the supply of supportive and interim housing for people experiencing homelessness ® Priority Area 2 - Enhance the effectiveness of County service systems for those experiencing and/or at -risk of homelessness. Priority Area 1: The Cohort will work together to immediately increase the supply of interim and permanent housing within its jurisdiction. The cohort will work with a consultant to implement an interim housing program, using motel vouchers and a rapid re -housing program. EXHIBIT A STATEMENT OF WORK --Interim_ Housing:-- The Cohort will expand the number of motel partnerships available to provide interim housing at an affordable rate for the grant period. This approach will increase the availability of immediate shelter opportunities and build trust with clients to enhance connection to the Coordinated Entry System (CES). The following motels have been identified as potential partners for interim housing: • Grand Park Inn, 13921 Francisquito Ave. Baldwin Park • Motel 6, 14510 Garvey Ave. Baldwin Park • Sierra Inn, 1171 Durfee Ave. South EI Monte • Ramada Inn, 1089 Santa Anita Ave. South EI Monte • Motel 6, 1228 N Durfee Ave, South El Monte _ ............. --... _ _. ------ ..._....... _ Permanent Housing: The Cohort will also leverage services of the Baldwin Park Housing Authority, serving as the administrator of the Rapid Rehousing Program, and will ensure best practices are employed, and clients are quickly re -housed and stabilized. The Rapid Re -Housing funds will provide for a variety of assistance, including: short-term or medium-term rental assistance and housing relocation and stabilization services, including such activities as mediation, credit counseling, security or utility deposits, utility payments, moving cost assistance, and case management. To be eligible to rapid rehousing services, individuals or families must be homeless or at risk of becoming homeless and- 1) be at or below 50% of the Area Median Income; 2) have at least an initial consultation with housing navigator/coordinator to determine need; and 3) be in a housing circumstance that no appropriate subsequent housing options have been identified and the household lacks the financial resources and support networks needed to obtain immediate housing or remain in existing housing. Land Assessment. The Cohort will explore opportunities to identify vacant or underutilized public land for --of#or-dable%uppeftive-botfs'ing-end-eva+uste-fiow-ts-atAizc paIGceis-O land -an -J availabte- - --- - ---- funds resulting from the dissolution of the Redevelopment Agency for affordable/supportive housing Accessory Dwelling Unit (ADU) Ordinance Review. The Cohort will review their ADU ordinances to explore aligning Ordinances to maximize efforts to prevent and combat homelessness by providing incentives or fee waivers for ADUs used for homeless housing. The above referenced Priority Area 1 projects support the goals of each of the Cohort's homelessness plans as described above and addresses HI strategies B3, E7, E8, F4, F6, and F7. EXHIBIT A STATEMENT OF WORK The City of Baldwin Park will also subcontract with the Cohort to support the creation of a Regional Housing Trust Fund, which will establish a source of funds to support the preservation and production of supportive, homeless, affordable and other manner of housing in the region. This project addresses HI strategy F7. Priority Area 2: The Cohort Cities will implement several integrated activities that comprise a services program to strengthen the continuum of care for the 775 people experiencing homelessness within their sub -region of the San Gabriel Valley. These activities will complement County and City service systems by enabling a selected contractor to hire a dedicated full-time Case Worker Coordinator to support Housing Navigation and other homeless service provider and city case management staff. Other proposed activities include launching a local homeless prevention/diversion program for individuals and/or families in need and establishing an Access Center to centralize homeless prevention activities. The cohort will also implement a landlord engagement and incentives program to increase housing units and stabilize clients. Additionally, the Cohort will establish a navigation center with available lockers and make available showers for people experiencing homelessness. To further support and stabilize individuals and families at risk of or experiencing homelessness, the Cohort will ensure connections to employment services and assistance, as appropriate. The above referenced Priority Area 2 projects support the goals of each of the Cohort's homelessness plans as described above and addresses HI strategies Al, A5, B3, B4, C1, C2, C7, D5, E6, E7, and E8 Section III. Tasks 1 asK 1: ueveiop the necessary agree ents to Im cement the grogram Cohort Cities will enter into a Executed MOU 30 days after Memorandum of Understanding contract execution (MOU) or other type of agreement establishing the terms of their collaboration on this project Cohort Cities viiil[enter into a Executed Subcontractor x.60. days after subcontract with consultant to Agreement contract execution admin. inter -the interim housing programs; submit copies of draft subcontractor agreements for County approval. Cohort Cities will enter into a Executed Subcontractor 60 days after subcontract with a service provider(s) Agreement contract execution or consultant to serve as the Case Worker Coordinator; submit copies of EXHIBIT A STATEMENT OF WORK draft_ subcontractor agreements for - Project plan and timeline for land and policy assessment. 2nd Quarter County approval. Report on 1) thud'number of':: Final`Quarter Cohort Cities will enter into a Executed Subcontractor 60 days after subcontract with a consultant to do Agreement contract execution land assessment; submit copies of f;. draft subcontractor agreements for � f f � County approval. in �AII members'of the Cohort will Number of'volunteers recrbited : - 90` days'`after lbecome "opt -In" cities for the LAHSAr;`contfacNexecution 4th Quarter Ordinance revisions omeless Count Identificatlo r of=one ot- 6ibT 90da s after provided tle'lo me't s°es `,conracexecution x ; �. 1dbRitifcatidh of�one o .. ey 90 da fter t t rr `f 'ciordi�r'to s : too OASS � r c 'execution _,. .. , . �: _ s. __ :� ot% - ........... ....-- _ . ...- Task 11: Consultant will do land assessment of public, private land, private property, and valuatA onttnns to imn1Pmant`'Izihd ttcp °nvihiif affnrrinhh& Hniicinn" nnliry Develop project plan and timeline for land and policy assessment. Project plan and timeline for land and policy assessment. 2nd Quarter Coriductland and policy assessment Report on 1) thud'number of':: Final`Quarter �._ 0oP.i��gPo f o b <. v%to Wit) t•• 5 ,: r.. _:could . -bean ,'nc motel convert f;. Zoning and ing � f f � policy assessment and/or: in recvmmendatotla,. a. : j Develop ADU and/or Zoning Final adopted ordinance (s) 4th Quarter Ordinance revisions Report will be developed and 3rd Quarter Task Ill: Conduct Capital Improvements for Shared Supportive Housing NNW Development of project plan, to Project plan` identify potential sites for capital i', ik:,f4i ,. , . '' sv ovements,:.including.tlmeline, ., Ilocatlon of resour"ces, sand � '� � f f � in Available sites identified Report will be developed and 3rd Quarter provided Capital improvements completed on Report on number of individuals 12-18 Months after 'Id'entified sites and families housed in shared" contraef execution housing EXHIBIT A STATEMENT OF WORK Task IV: Consultant will engage Landlords, motel owners, property managers to increase interim and permanent housing opportunities Activities tDehverables A 1 Mvouchers Project Plan n.k 60 days after Create,a Landlord engagement plan with standard outreach, training, and 3 motels ;contract,execution support services across cohort. x housing 15 new rooms Number of individuals and family members 12-16 Months newly enrolled during report period •es.. (unduplicated) x.p active in the program during report period Establish partnership/agreements Number of Landlords, property 4nd Quarter with motel owners and Landlords, managers engaged to increase property managers to increase permanent housing 150 Landlords, 1-15 interim and permanent housing at each session, opportunities with 10% retention goal Number of agreements 18 Months executed to increase permanent housing 10 Agreements Number of Motel/interim housing End of 1St Quarter operators engaged to increase interim housing 3 Operators Number of agreements 2nd Quarter executed to increase interim housing 3 Agreements Task V: Establish and Implement the Interim Housing and Short-term Rental Assistance Programs Mvouchers Motel 7 Number of new motel locations providing 3th Quarter interim housing 3 motels Number of new rooms secured for interim 3th Quarter housing 15 new rooms Number of individuals and family members 12-16 Months newly enrolled during report period 60-100 individuals (unduplicated) Number of individuals and family members active in the program during report period 12-16 Months (unduplicated) 60-100 individuals EXHIBIT A STATEMENT OF WORK - -Number-individuals and family -members -who --_ -_--- exited to any destination during report period 16-18 Months Establish an Access (unduplicated) 50 individuals Number of individuals and family members 1 in EI Monte who exited to permanent housing destination 16-18 Months durin re ort period (unduplicated) 10 individuals Short-'te`rrd Renta( Number of individuals and family members Assistance, Program newly; enrolled in the program during report 31d QUBrte� Pe --l" ated e 4,1 ite) . 30.y. ° clie uals'a'n'd family -members Mm rep ort:period:�, etc liI?;� z� t ., I a-nd lstj�� s � ,.. .f c dfvtduals famjly.members , t term rental assistance program 4ceted Nf r ;. ndi� duals and family members 15 1k8 o " J&,It'� � _. �" ©� �ment (unduplicated) 15 I► ivle�� e .._d` x v sand family members 3 t f to benefits(unduplicated), 60 Indlrt s f `b so;Ei°Ivldualsand family members �_ 12 1'8Mont . t* 107 r eiiat5ent housing (reached the Unknouvn relr ¢` • ` " ei� ilestone from date ofr t leas ' ��fteeitin' ra id rehousing ���"�' lie r� "�ndt,�idualsand family members � + 'ental assistance program- r rogram ; 12-1'8�Mo -4i; ! `lre0t&meet x x x the 6 -month 30 undid Iss i w ret ritcan rn es' eQENOMINATOR FOR t Nuritbier of lhdiViduals and family members 15 'i`8 Mor',>4ths at u Ing.(reached the,12=month _ errfro'm"da"te'of° Unk °._I lace m. e�0. {�KS'1't i fiilM1t NuM ,°e i of.�lnc�iyiduals and family members zIla t.housing who were =monifh retention enorntnatorfor the above metrrcec"ri ' ` De osits provided 25'be osl Task VI: Establish Access Center, Navigation Center and Services Program c es rics',.� c D e s 'Al Establish an Access Access Center location(s) 2nd Quarter Center to centralize 1 in EI Monte EXHIBIT A STATEMENT OF WORK homeless prevention Number of individuals and family members 4th Quarter activities served at access center location Note: Funds (unduplicated) ($5,000) allocated to EI Monte Access Center, please clarify amount of allocation Number of individuals and family members 12-15 Months connected to services during the report period N/A (unduplicated) Note: Funds ($5,000) allocated to EI Monte Access Center, please clarify amount of allocation EstabUsh Iocke°aVatlfjfe at°thee riavigation`�"` ' - availaleNurberof -- 4 tea' SV 7 - eti „•., . u._ .. iid 3Cf=t;dIV s i ua siandfamil, � Members :- yj ;;t� i. ersurrg the report period. 18 Mon S-1 ; x n up Coated a 100 individ ats t of °individuals%and family members services (unduplicated) 18 Months; or 3 per quarter ; a yy�yyT.i c�sing;laundry OO Indwid als' Total Installation of Shower Number of shower stalls provided to serve 21d Quarter Facilities individuals and families experiencing 4 stalls per site, at homelessness 3 sites, 12 Total Number of individuals and family members 4th Quarter accessing shower facilities during report 30 individuals per period. (unduplicated) Quarter Avg, 180 Total Number of days in the report period that 15-18 Month showers were made available to people 30 per Quarter experiencing homelessness Avg, 180 Total Establish a 4 -::Number of individuals and family members 4th Quarter Prevention/Diversion received prevention/diversion services 60-100 individuals Program to offer (unduplicated) EXHIBIT A . STATEMENT OF WORK _rental _ _Number of individuals and -family -members -- -15-1-8-Months -- assistance/resources prevented from becoming homeless during 60 individuals report period (unduplicated) Task VII: Increase employment services =�r'� �w.,�� o Develop an employment/jobs plan p . e •!. ���D esti•.. 2nd Quarter among Cohort with a local hire Employment/Job plan 1 Plan for Cohort model. Formalize partnershlpwthr non=profit Providereport orr parrerships 30' Quarter, a e ces,.wFio offers eciah ed .,q9 t 4? P and em to mento ortunities y Single Partnership emplayrr►entxob develop a tout's m eatedp i _ nd EDD -to increase op o ygnlty�or i chents;to secure jobs ana--i,increase y Task VIII: Regional Housing Trust Fund Support the establishment of a Joint Powers Authority Narrative included Regional Housing Trust Fund negotiations complete and in quarterly report RHTF established. describing progress toward formation of RHTF and involvement of Baldwin Park. Section 111. Staffing Provide description of staff roles that directly support the successful implementation of the funded program(s). Staff may include City personnel and/or City's sub -contractors) Program Name: Baldwin Park, EI Monte and South EI Monte (Cohort) Homelessness Implementation Plan Baldwin Park City Planner/ Oversight and coordination with Consultant in Associate Planner Assessment of Baldwin Park's Public or Private Land, Private Property, and valuate options to implement Land Use, Zoning, Affordable Housing Policy, and Hotel/Motel Conversions. Interact with City Council and Planning Commission EXHIBIT A STATEMENT OF WORK Community Provide oversight of Employment Services and Development Director various PA 1 and PA 2 activities within the City of Baldwin Park Recreation and Provide oversight and direction of Shower Program, Community Services Navigation and Lockers Director Housing Manager Pursue funding to expand housing development, increase shelter options/services. Housing Specialist Provide Interim Housing and Motel Vouchers EI Monte Associate Planner Oversight and coordination with Consultant in Assessment of EI Monte's Public or Private Land, Private Property, and valuate options to implement Land Use, Zoning, Affordable Housing Policy, and Hotel/Motel Conversions. Interact with City Council and Planning Commission Housing Manager Provide oversight of prevention/diversion and other PA 2 funded services, such as, short term rental assistance with supportive services Administrative Provide administrative support for PA1/PA 2 Technician activities South EI Monte Director of Community Oversight and coordination with Consultant in Development Assessment of South EI Monte's Public or Private Land, Private Property, and valuate options to implement Land Use, Zoning, Affordable Housing Policy, and Hotel/Motel Conversions. Interact with City Council and Planning Commission Deputy City Manager Provide oversight of various PA1 and PA 2 activities within the City of South EI Monte Community Services Provide direction and support for Housing Executive Navigator/Case Manager within the City of South EI Monte, Data collection and reporting. Baldwin Park, Development/Planning Work directly with each cohort city to evaluate EI Monte, Consultant options to implement land use/zoning changes, such South EI Monte as Motel Conversion and Low -Income Fee Waivers for Accessory Dwelling Units. Consider aligning land use/zoning policies to match LA County. Evaluate the establishment of an inclusionary housing ordinance. For cities with their own Housing Authority, consider prioritizing Housing Choice Vouchers for persons experiencing [chronic] homelessness. Baldwin Park, Homeless Housing Within each cohort city, work with landlords to EI Monte, Coordinator provide clarity on process to increase housing units, South EI Monte assistance with tenants (workshops for paperwork, education on unit maintenance, self-observation techniques, as well as provide quarterly observation EXHIBIT A STATEMENT OF WORK ----- - ---___ _ _ -----__----_ — _-site- visits --far----recommendations--- of----annual- inspections to strengthen longevity in rental unit. Host lunch/dinner special informational events to attract new landlords. The program will overall establish and carry -out mutual objectives between landlord/tenant/city and County services leading to systemic improvements and securing the available units expeditiously. Coordination between cities and CES and regional county efforts is integral to successful implementation of Cohort Plans. Coordinator will serve to establishing the development of relationships with Motel vendors, landlords and property managers for rapid .._... rehousing. and doing-ork t- _-sup-port.._r-reation -of . new housing/shelter. Baldwin Park, Development Work with each cohort city to assess and appraise EI Monte, Consultant existing public or privately -owned land/property South EI Monte resources to determine the feasibility of use for interim or permanent housing. Prepare report of assessment findings. Baldwin Park, Housing Provide support to residents at risk of, or EI Monte, Navigator/Case experiencing homelessness to locate housing and South EI Monte Manager connect to other housing services funded through PA 1 /PA 2 EXHIBIT A STATEMENT OF WORK Section IV. Deliverables Reporting Period Report Schedule I. Provide copy of any Within 60 days of contract execution (if an early payment agreements necessary to is needed to start implementing the program, this implement the funded deliverable can be submitted earlier) program (MOU/Joint- December 31, 2020 Use). Subcontracted February 28, 2021 agreements necessary to implement the funded program in advance for County approval. II. Provide copy of any ADU Upon completion Project Plans or related draft ordinances III. Submit Quarterly Reports Within 30 days after each quarter of program and supporting implementation documents. Reporting Period Submit Report Contract Execution — February 28, 2020 March 31, 2020 March 1, 2020 — May 31, 2020 June 30, 2020 June 1, 2020 — August 31, 2020 September 30, 2020 September 1, 2020 — November 30, 2020 December 31, 2020 December 1, 2020— February 28, 2021 February 28, 2021 IV. Submit Final Report I Prior to contract expiration Quarterly Reports and Invoices shall be submitted to County Chief Executive Office - Homeless Initiative at the following email address: Homeless In itiativeCities(a)-lacounty.gov EXHIBIT B PRICING SCHEDULE Total Contract Budget: $1,074,820 The contract sum of $698,400 for PA1 and PA2 activities to be paid by County of Los Angeles. The County will pay up -to 1/4 of the total contract sum upon receipt of invoice and/or upon execution of the subcontracts necessary to perform contract services. The allocated amount of $376,420 for Regional Housing Trust Funds (RHTF) will be disbursed accordingly once operating budget has been established by City and approved by County, and official formation of RHTF. The County will pay $169,430 of the total allocated RHTF amount upon execution of the subcontracts to perform contract services. The remaining contract sum and RHTF amount shall be paid out based on reimbursable charges over -the term --of the agreement. -° - EXHIBIT B REGIONAL HOUSING TRUST FUND RHTF RHTF Funds disbursed accordingly once operating budget has been established by City and approved by COUNTY, and official formation $376,420 of RHTF. TOTAL CONTRACT SUM $ 1,074,820 *Changes within line items and/or categories require written authorization from the County Project Manager. Written authorization may be defined to include letter, email, and fax. A contract amendment is not required for changes within line items and/or categories. EXHIBIT B This section oniv anniiAs to nrnrimmc fi rnriari i inriar Prinrity Aran 7 PERSONNEL COSTS (CiiyPe .son" el"Only) `f 0, 61b, worKed xoy° er ' = o a Cost # ._ ontr�ct' FTE) $ 50,000 Baldwin Park Personnel Community Development Director Costs @$15,000 @$71.48p/hr x 11.5hrs p/month x18months=$14,796.36 Recreation and Community Services Director @ $7,600 _ ----_ _ 86 85/hr x 4 8hrs pfmontl x1-8 mts=$7,503.84 Housing Manager @$14,400, @52.71/hr x 15hrs p/month x 18mts=$14,231.70 Housing Specialist @ $13,000. @$22.47/hr x 32hrs p/month x 18mts $126,165=$12,942.72 City of EI Monte Housing Manager 278 Hrs. @ $ 28,851 ($42.90 FTE) =$11,964; Administrative Technician, 968 Hrs. @ ($17.45 FTE) _ $16,887 City of South EI Monte Deputy City Manager 262 hrs. @ $ 32,612 ($75.00 per hr. FTE= $19,657; and Community Services Executive, 308 Hrs. @ ($42.26 per hr. FTE) =$12,955 SUB 'TOTAL (CftyPe�sonnei Only) 414,976 City Match Commitment to Program Services being performed $ by intern/volunteers (32hrs/month x 18months=576hrs) valued at $26/p/hr =$14,976. Baldwin Park $ 40,093 Office Space $2.50 sq.ft @585sq.ft. _ $1,462 x1l8months=$26,325 Meeting Room $42 p/hr @8hrs per month= $6,048 Janitorial $50 x 18 months= $900 EXHIBIT B Utilities $50 x 18 months= $900 Internet $40 x 18 months= $720 Computer $550 Furniture $600 IT Services $45 p/hr @ 5hrs/month=$4,050 Total: $40,093 EI Monte $ 35,548 Office Space $2.20 sq.ft @550 sq.ft. _ $1,210 x18months=$21,780 Meeting Room $42 p/hr @8hrs per month= $6,048 Janitorial $50 x 18 months= $900 Utilities $50 x 18 months= $900 Internet $40 x 18 months= $720 Computer $550 Furniture $600 IT Services $45 p/hr @ 5hrs/month=$4,050. Total= 35,548.00 South EI Monte $ 35,548 Office Space $2.20 sq.ft @550 sq.ft. _ $1,210 x18months=$21,780 Meeting Room $42 p/hr @8hrs per month= $6,048 Janitorial $50 x 18 months= $900 Utilities $50 x 18 months= $900 Internet $40 x 18 months= $720 Computer $550 Furniture $600 IT Services $45 p/hr @ 5hrs/month=$4,050 Total: $35,548 Note* City Match Commitment to Program Services being performed by subcontracted providers @$40,000 (can be an additional match should it be deemed eligible, totaling city match to $75,548 and overall cohort match $277,628 SUBTOTAL (NON- PERSONNEL COSTS) $126,165 TOTAL CITY COMMITMENT $237,628 EXHIBIT C CONTRACTOR'S EEO CERTIFICATION City of Baldwin Park Contractor Name 14403 E. Pacific Avenue, Baldwin Park, CA 91706 Address 95-6005574 Internal Revenue Service Employer Identification Number GENERAL CERTIFICATION ........... __ ......... In_acco-rdance-with _ Section. 4.32.0-1.0. of the -Code-of--the -County- of -Los Angeles, -the-.contractor, supplier, or vendor certifies and agrees that all persons employed by such firm, its affiliates, subsidiaries, or holding companies are and will betreated equally by the firm without regard to or because of race, religion, ancestry, national origin, or sex and in compliance with all anti- discrimination laws of the United States of America and the State of California. CONTRACTOR'S SPECIFIC CERTIFICATIONS 1. The Contractor has a written policy statement prohibiting discrimination in all phases of employment. 2. The Contractor periodically conducts a self analysis or utilization analysis of its work force. 3. The Contractor has a system for determining if its employment practices are discriminatory against protected groups. 4. Where problem areas are identified in employment practices, the Contractor has a system for taking reasonable corrective action, to include establishment of goals or timetables. Manuel Lozano, Mayor Authorized Official's Printed Name and Title Authorized Official's Signature Date Yes El No Yes EI No ❑ Yes in No ❑ Yes 0 No ❑ EXHIBIT D COUNTY'S ADMINISTRATION CONTRACT NO. COUNTY PROJECT DIRECTOR: Name: Jerry Ramirez Title: Manager CEO Address: 500 West Temple Street Room 493 LA CA 90012 Telephone: Facsimile: E -Mail Address: COUNTY PROJECT MANAGER: Name: Ashlee Oh Title: Principle Analyst Address: 500 West Temple Street Room 493 Los Angeles CA 90012 Telephone: Facsimile: E -Mail Address: aoh(cr-ceo lacounty gov COUNTY CONTRACT PROJECT MONITOR: Name: Title: Address: Telephone: Facsimile: E -Mail Address: EXHIBIT E CONTRACTOR'S ADMINISTRATION CONTRACTOR'S NAME City of Baldwin Park CONTRACT NO: CONTRACTOR'S PROJECT MANAGER: Name: Manuel Carrillo Jr. Title: Director of Recreation and Community Services Address: 4100 Baldwin Park Boulevard, Baldwin Park, CA 91706 Telephone: (626)813-5245, Ext. 314 E -Mail Address: mcarrillo na Idwinpark com CONTRACTOR'S AUTHORIZED OFFICIAL(S) Name: Manuel Lozano Title: Mayor Address: _14403 Pacific Avenue- Baldwin Park CA 91706 Telephone: (626) 813-9201 Facsimile: E -Mail Address: mlozano@baldwinpark.com Notices to Contractbr shall be sent to the following: Name - Title: Address: Telephone: Facsimile: E -Mail Address: EXHIBIT F CONTRACTOR ACKNOWLEDGEMENT AND CONFIDENTIALITY AGREEMENT (Note: This certification is to be executed and returned to County with Contractor's executed Contract. Work cannot begin on the Contract until County receives this executed document.) CONTRACTOR NAME: City of Baldwin Park Contract No. GENERAL INFORMATION: The Contractor referenced above has entered into a contract with the County of Los Angeles to provide certain services to the County. The County requires the Corporation to sign this Contractor Acknowledgement and Confidentiality Agreement. CONTRACTOR ACKNOWLEDGEMENT: Contractor understands and agrees that the Contractor employees, consultants, Outsourced Vendors and independent contractors (Contractor's Staff) that will provide services in the above referenced agreement are Contractor's sole responsibility. Contractor understands and agrees that Contractor's Staff must rely exclusively upon Contractor for payment of salary and any and all other benefits payable by virtue of Contractor's Staff's performance of work under the above -referenced contract. Contractor understands and agrees that Contractor's Staff are not employees of the County of Los Angeles for any purpose whatsoever and that Contractor's Staff do not have and will not acquire any rights or benefits of any kind from the County of Los Angeles by virtue of my performance of work under the above - referenced contract. Contractor understands and agrees that Contractor's Staff will not acquire any rights or benefits from the County of Los Angeles pursuant to any agreement between any person or entity and the County of Los Angeles. CONFIDENTIALITY AGREEMENT: Contractor and Contractor's Staff may be involved with work pertaining to services provided by the County of Los Angeles and, if so, Contractor and Contractor's Staff may have access to confidential data and information pertaining to persons and/or entities receiving services from the County. In addition, Contractor and Contractor's Staff may also have access to proprietary information supplied by other vendors doing business with the County of Los Angeles. The County has a legal obligation to protect all such confidential data and information in its possession, especially data and information concerning health, criminal, and welfare recipient records. Contractor and Contractor's Staff understand that if they are involved in County work, the County must ensure that Contractor and Contractor's Staff, will protect the confidentiality of such data and information. Consequently, Contractor must sign this Confidentiality Agreement as a condition of work to be provided by Contractor's Staff for the County. Contractor and Contractor's Staff hereby agrees that they will not divulge to any unauthorized person any data or information obtained while performing work pursuant to the above -referenced contract between Contractor and the County of Los Angeles. Contractor and Contractor's Staff agree to forward all requests for the release of any data or information received to County's Project Manager. Contractor and Contractor's Staff agree to keep confidential all health, criminal, and welfare recipient records and all data and information pertaining to persons and/or entities receiving services from the County, design concepts, algorithms, programs, formats, documentation, Contractor proprietary information and all other original materials produced, created, or provided to Contractor and Contractor's Staff under the above - referenced contract. Contractor and Contractor's Staff agree to protect these confidential materials against disclosure to other than Contractor or County employees who have a need to know the information. Contractor and Contractor's Staff agree that -proprietary information -supplied by other County vendors is - - EXHIBIT F CONTRACTOR ACKNOWLEDGEMENT AND CONFIDENTIALITY AGREEMENT provided to me during this employment, Contractor and Contractor's Staff shall keep such information confidential. Contractor and Contractor's Staff agree to report any and all violations of this agreement by Contractor and Contractor's Staff and/or by any other person of whom Contractor and Contractor's Staff become aware. Contractor and Contractor's Staff acknowledge that violation of this agreement may subject Contractor and Contractor's Staff to civil and/or criminal action and that the County of Los Angeles may seek all possible legal redress. COPYRIGHT ASSIGNMENT AGREEMENT I agree that all materials, documents, software programs and documentation, written designs, plans, diagrams, reports, software development tools and aids, diagnostic aids, computer processable media, source codes, object codes, conversion aids, training documentation and aids, and other information and/or tools of all types, -- developed--or-acquired-by-me irr-whole or -in -part--pursuant- to --the -above-referenced-contract! -and-alf-works - - - based thereon, incorporated ;therein, or derived therefrom shall be the sole_ property of the County. In this connection,, l hereby assign and transfer to the County in perpetuity for all purposes all my right, title, and interest in and to all such items, including, but not limited to, all unrestricted and exclusive copyrights, patent rights, trade secret rights, and all renewals and extensions thereof. Whenever requested by the County, I agree to promptly, execute and deliver to County all papers, instruments, and other documents requested by the County, and to promptly perform all other acts requested by the County to cavy out the terms of this agreement, including, but not limited to, executing an assignment and transfer of copyright in a form substantially similar to Exhibit M1, attached hereto and incorporated herein by reference. The County shall have the right to register all copyrights in the name of the County of Los Angeles and shall have the right to assign, license, or otherwise transfer any and all of the County's right, title, and interest, including, but not limited to, copyrights, in and to the items described above. I acknowledge that violation of this agreement may subject me to civil and/or criminal action and that the County of Los Angeles may seek all possible legal redress. SIGNATURE: DATE: PRINTED NAME: Manuel Lozano — -- - - - .PASITI.OAI: -- Title 2 ADMINISTRATION Chapter 2.203.010 through 2.203.090 CONTRACTOR EMPLOYEE JURY SERVICE 2.203.010 Findings. EXHIBIT G The board of supervisors makes the following findings. The county of Los Angeles allows its permanent, full- time employees unlimited jury service at their regular pay. Unfortunately, many businesses do not offer or are reducing or even eliminating compensation to employees who serve on juries. This creates a potential financial hardship for employees who do not receive their pay when called to jury service, and those employees often seek to be excused from having to serve. Although changes in the court rules make it more difficult to excuse a potential juror on grounds of financial hardship, potential jurors continue to be excused on this basis, especially from longer trials. This reduces the number of potential jurors and increases the burden on those employers, such as the county of Los Angeles, who pay their permanent, full-time employees while on juror duty. For these reasons, the county of Los Angeles has determined that it is appropriate to require that the businesses with which the county contracts possess reasonable jury service policies. (Ord. 2002-0015 § 1 (part), 2002) 2.203.020 Definitions. The following definitions shall be applicable to this chapter: A. "Contractor" means a person, partnership, corporation or other entity which has a contract with the county or a subcontract with a county contractor and has received or will receive an aggregate sum of $50,000 or more in any 12 -month period under one or more such contracts or subcontracts. B. "Employee" means any California resident who is a full-time employee of a contractor under the laws of California. C. "Contract" means any agreement to provide goods to, or perform services for or on behalf of, the county but does not include: 1. A contract where the board finds that special circumstances exist that justify a waiver of the requirements of this chapter; or 2. A contract where federal or state law or a condition of a federal or state program mandates the use of a .particular contractor; or 3. A purchase made through a state or federal contract; or 4. A monopoly purchase that is exclusive and proprietary to a specific manufacturer, distributor, or reseller, and must match and inter -member with existing supplies, equipment or systems maintained by the county pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, Section P-3700 or a successor provision; or A revolving fund (petty cash) purchase pursuant to the Los Angeles County Fiscal Manual, Section 4.4.0 or a successor provision; or A purchase card purchase pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, Section P-2810 or a successor provision; or 7. A non -agreement purchase with a value of less than $5,000 pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, Section A-0300 or a successor provision; or EXHIBIT G Title 2 ADMINISTRATION Chapter 2.203.010 through 2.203.090 CONTRACTOR EMPLOYEE JURY SERVICE 8. A bona fide emergency purchase pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, Section PP -1100 or a successor provision. D. "Full time" means 40 hours or more worked per week, or a lesser number of hours if: The lesser number is a recognized industry standard as determined by the chief administrative officer, or 2. The contractor has a long-standing practice that defines the lesser number of hours as full time. E. "County" means the county of Los Angeles or any public entities for which the board of supervisors is the governing body. (Ord. 2002-0040 § 1, 2002: Ord. 2002-0015 § 1 (part), 2002) pplicability. This chapter shall apply to contractors who enter into contracts that commence after July 11, 2002. This chapter shall also apply to contractors with existing contracts which are extended into option years that commence after July 11, 2002. Contracts that commence after May 28, 2002, but before July 11, 2002, shall be subject to the provisions of this chapter only if the solicitations for such contracts stated that the chapter would be applicable. (Ord. 2002-0040 § 2, 2002: Ord. 2002-0015 § 1 (part), 2002) 2.203.040 Contractor Jury Service Policy. A contractor shall have and adhere to a written policy that provides that its employees shall receive from the contractor, on an annual basis, no less than five days of regular pay for actual jury service. The policy may provide that employees deposit any fees received for such jury service with the contractor or that the contractor deduct from the employees' regular pay the fees received for jury service. (Ord. 2002-0015 § 1 (part), 2002) 2.203.050 Other Provisions. A. Administration. The chief administrative officer shall be responsible for the administration of this chapter. The chief administrative officer may, with the advice of county counsel, issue interpretations of the provisions of this chapter and shall issue written instructions on the implementation and ongoing administration of this chapter. Such instructions may provide for the delegation of functions to other county departments_ B. Compliance Certification. At the time of seeking a contract-, a contractor shall certify to the county that it has and adheres to a policy consistent with this chapter or will have and adhere to such a policy prior to award of the contract. (Ord. 2002-0015 § 1 (part), 2002) 2.203.060 Enforcement and Remedies. For a contractor's violation of any provision of this chapter, the county department head responsible for administering the contract may do one or more of the following: 1. Recommend to the board of supervisors the termination of the contract; and/or, 2. Pursuant to chapter 2.202, seek the debarment of the contractor. (Ord. 2002-0015 § 1 (part), 2002) Title 2 ADMINISTRATION Chapter 2.203.010 through 2.203.090 CONTRACTOR EMPLOYEE JURY SERVICE 2.203.070. Exceptions. EXHIBIT G A. Other Laws. This chapter shall not be interpreted or applied to any contractor or to any employee in a manner inconsistent with the laws of the United States or California. B. Collective Bargaining Agreements. This chapter shall be superseded by a collective bargaining agreement that expressly so provides. C. Small Business. This chapter shall not be applied to any contractor that meets all of the following: 1. Has ten or fewer employees during the contract period; and, 2. Has annual gross revenues in the preceding twelve months which, if added to the annual amount of the contract awarded, are less than $500,000; and, 3. Is not an affiliate or subsidiary of a business dominant in its field of operation. "Dominant in its field of operation" means having more than ten employees and annual gross revenues in the preceding twelve months which, if added to the annual amount of the contract awarded, exceed $500,000. "Affiliate or subsidiary of a business dominant in its field of operation" means a business which is at least 20 percent owned by a business dominant in its field of operation, or by partners, officers, directors, majority stockholders, or their equivalent, of a business dominant in that field of operation. (Ord. 2002-0015 § 1 (part), 2002) 2.203.090. Severability. If any provision of this chapter is found invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. (Ord. 2002-0015 § 1 (part), 2002) EXHIBIT H SAFELY SURRENDERED BABY LAW r 17 ,1 How does it work? A dutmsxd parent who is unable or unwilling to care fora baby c:mJcgally, confidentially, and safely surrender a baby within three days (772 hours) of birth_ The baby must be handed to an employee at a hospital or fire station in Ins Angeles County. As long as the baby shows no sin of abuse or neglect, no tsamc or other information is required, In case the parent changes his or her mind at a later date and wants tht baby back, staff will use braeeku to help connect them to each other. One a truatching bracekt will be given to the patentor -other surrendering adult. What if a parent wants the baby back? Parents who change their minds can begin the process of rex tainting their baby within 14 days. These parents should call the Lw Angeles County Department of Children and Family Services at I4W540.4000. Can only a parent bring in the baby? No. While in most cases a parent will bring in the baby, the (sw alltrws other people to bring in the baby if they have lawful autody. EXHIBIT H Does the parent or surrendering adult have to telt anything to the people taking the baby?._ No. However, hospital or fire station personnel will ask- the surmndcring party m fill out a questionnaire designedto gather important medical history, information, which is very useful in caring for the baby. llte questionnaire includes a stamtpcd return cnvck%pe and cin be sent in at a later timcG What happens to the baby? The baby will be examined and given the hospital, social workers Ir ...diardy p1mm the baby, in a safes and bring house and begin the adoption process. What happens to the parent or surrendering adult? Once the parent or surrendering adult surrenders the baby to hospital or fire station personnel, they may leave at any time. Why is California doing this? The purpose of the Safer Suetendesea- Baby Law is to protect babies (men being abandoned, hurt or ks7lod by their parents. You may have heard tragic smrics of babies left in dumpstaa or public bathrtsouss. Their parents may have been under severe emotional Does the parent or surrendering adult have to cap before bringing In the baby? No. A. patent or surrendering adult can bring in a baby anytime, 24 hours a day, % days a week, as long as the parcnr or surrendering adult surrenders the baby to someone who wo& at the hospital or fire station. Surrendered Baby Law prevents this tragedy from ever happening again in California. distress. The mothers may have hidden their pmVwrtcies, fearful of what would happen if their families found out. B.-catue they was afraid and bad no one or nowhere to tum for help, dry abandoned their babira. Abandoning a baby is illegal and plasm the baby in extreme tlangcc Too often, it results in rA.- baby:. dtL The_So£aly % S t Entrega de Bebets 3 1 n Pe lig�o K { Igg _.. �P a �P' � �- vt, _F 4 RPYS$yq d" T 1 J -OS rUcrtrr rrrtrrdvs irr cl rr ser e�rttqadrrs Mfr, fur mr7 s , rtrrt rrl p rsrr rc l . ��de cualquier,hospital o cuartel de IowNres del Condtido de LosAngeles I Sx P { I K { Igg _.. �P a �P' � �- vt, _F 4 RPYS$yq d" T 1 J -OS rUcrtrr rrrtrrdvs irr cl rr ser e�rttqadrrs Mfr, fur mr7 s , rtrrt rrl p rsrr rc l . ��de cualquier,hospital o cuartel de IowNres del Condtido de LosAngeles je to fut1Cl01kd? FJ padrclmadie:con difxi.ltcs qur rw, pueda n no quicra coidas;dc su rcciEd . _ nacido puede.enucprlo en fomsa kgal. r»rifidcnl y segtrta sknttiti de fns au dlS3:. i72 horns? &Inu imleneo %1 wb4 dobe $4 miicgtdo a aq unpkada ds'caalgq Hospital o canna[ de bombStoe'del 1 do Lac 1(ngela. Sitrta'prcrtlue cf bck �Se�lo lips: pot�tt� 'r ai iedAn ' ' tl? Nu. St bicfrreir }a tsta do los Sss!gt son 6 padso los quc Usines a1 bc1 : It leypermi�t_e—cl_rMtas.peta *id:ha&in it, Genet c itAil EXHIBIT H LEs necesaria que el padre/ nladre o *Wtba dtga atgo: a taS -par$om Q*re-1ben at -bebV- N& Sin tranburgo. eI persocid del hospital o euariel de bonibeiot le pedid a 6 persona q mtregra.al;W qua Ueac go cuc lar. o can la fniali&ddc.rceafrar anivcsxkaax'mhlims impocwues.:quq nxaltauAc gran atiliW pern.cuidar fi even del bcO A;tuctuagar o:iacluyc un sobsc non crst;ao pow pages para env4d* en . otro snoidthm OW6-0 666 @t''beb$i 'a ItO Cities NCLtiue Yos padm o adulro ,h�aia aatyado of ht;h6at paaofi.! dd 6osp}cat o crtrl rk boiuberos . pucika rasa eri cailgaictmotnenaa. s9 q4i3scietiddu: a etti pit;��dtitt8 Y llcfnill3ad dcla zxy drEpirrga de Be1:E, as i'aCa6ro p Proteges 'a ba beiiEs para que nti:stsi� abaiidonadi+i, I}uimaclvs Q . suucrt" pousus padres. Ustw pidb"mcnte hara aaucha& hisrotiat VisKar:5u6a W* 2bPKtelri,4 Cq basuraw,o to banns p6bhus Los padres' LCo pmd 9 a add t intro-gd t l d0 anis de �stiiar ai:�r7 \rci. pJ padrclinidrs: a atiultp puo¢�.Uo+ar AtxQ,:n cuslcluier-momeatrm 644 hoist de1_dit,.ioi7dfaitik 1[r�mauir, sicaspre pcta fcs ctitrcgucn a su h 6h 1. un e opteado-dei isospit 6:raia04.dc batisberoi, d assn b" pr"Icu-w hayan mWO Sado par dificulsades;etaoeibmlea psaes W oxadres pueden Mber.«ulr do w.embaia Porten" tertor.i (o que pasadu si an'iamiGu so enrcrann: Abandcnaron a s�js bEE;Es �scuclat replan arlcda y. rw renian naiiic�a gnicit :a}vda:. �F] airsndotw� drag t'ba" es'itcgal r'potie pl belie cai' ap#;x'w3iQdis do paligio criizi. '�Y amcnudo ct s�iadoaa'-pn�.vcr la aruercc i5tligro rmp'idc qac vadva_.rt ssrccdcc:esta cteggda,ctt Zaliforrsia. h x un tidriie� qac minudb mo'h pulscn dt'l hcl�'° s'uvir€a {nitid°dcrn�t � n "e rdt de 4fnni6rr cnn r spo0e, a la ciu , ddb tictsdtux tuparaly dattar d ` ` w�e Icy, `tatiib n rc"itkzot+ i la da un aresiiortxria mEdreo. y Jla alar tt qac 7 i aiadra W llt kr (muco pagado quc k habfan dado. 0 pcssonai m6dioo camin6 at 666 y a d-tcrminb-quc'cttK' 'saludabk:ya t6rn1Jino. EIbeb ubicado con ura buena familia que yes habia lido apmbada para adoptarlo por cl Dcl>.a w nro de sto' - eias pain Nitkx Y Carnilias. Exhibit I COMPLIANCE WITH FAIR CHANCE EMPLOYMENT HIRING PRACTICES CERTIFICATION Company Name: City of Baldwin Park Company Address: 14403 E. Pacific Avenue, Baldwin Park, CA 91706 City: Baldwin Park State: CA Zip Code: 91706 Telephone Number: (626)813-5201 Email address: mlozano@baidwinpark.com Solicitation/Contract for Cities Homeless Plans Implementation Services PROPOSERICONTRACTOR CERTIFICATION The Los Angeles County Board of Supervisors approved a Fair Chance Employment Policy in an effort to remove job barriers for individuals with criminal records. The policy requires businesses that contract with the County to comply with fair chance employment hiring practices set forth in California Government Code Section 12952, Employment Discrimination: Conviction History (California Government Code Section 12952), effective January 1, 2018. Proposer/Contractor acknowledges and certifies compliance with fair chance employment hiring practices set forth in California Government Code Section 12952 and agrees that proposer/contractor and staff performing work under the Contract will be in compliance. Proposer/Contractor further acknowledges that noncompliance with fair chance employment practices set forth in California Government Code Section 12952 may result in rejection of any proposal, or termination of any resultant Contract, at the sole judgment of the County. I declare under penalty of perjury under the laws of the State of California that the information herein is true and correct and that I am authorized to represent this company. Print Name: Title: Signature: Date: ITEM NO. Manuel Carrillo Jr., Director of Recreation & Community Se January 15, 2020 Approval to Enter Into a Contract Agreement between the City of Baldwin Park and Los Angeles County- City Planning Grant Implementation of Cities Homeless Plans SUMMARY The purpose of this report is to seek approval to enter into a contract agreement between the City of Baldwin Park and Los Angeles County- City Planning Grant Implementation of Cities Homeless Plan. FISCAL IMPACT There is no fiscal impact to the City. The funding in the amount of $300,000 will be provided through grant funds from the Los Angeles County Homeless Initiative and United Way's Home for Good Funders Collaborative. RECOMMENDATION Staff recommends that the City Council: 1). Approve the contract agreement between the City of Baldwin Park and Los Angeles County City Planning Grant Implementation of Cities Homeless Plan 2). Authorize the Director of Recreation and Community Services to execute further documents and reporting. BACKGROUND On August 17, 2015, in response to the growing crisis of homelessness, the Los Angeles County Board of Supervisors launched the Homeless Initiative (HI) to prevent and combat homelessness which continues to pervade our communities. An unprecedented collaborative planning process resulted in a comprehensive plan consisting of 47 strategies, with four more strategies subsequently added. Recognizing the need to sustain the HI strategies, the Board of Supervisors approved the Measure H ordinance that identifies 21 of the 51 HI strategies as eligible for funding through Measure H. On March 7, 2017, the voters approved Measure H. Since the inception of the HI in 2015, collaboration and engagement with the 88 cities in the County has been a major priority for the County. Cities play a critical role in ensuring that the impact of these strategies is maximized. Cities have jurisdiction over housing and land use for about 90% of the countywide population, and thus play a vital role in developing affordable housing and interim housing. In 2017, the Board of Supervisors approved funding to cities to develop their own homelessness plans. In 2018, participating cities submitted their homelessness plans. In September 2018, the Board of Supervisors approved $9 million in Measure H funding for the HI and United Way Home for Good Funders Collaborative to issue a Request for Proposals (RFP) for the cities to implement their homelessness plans, either as individual cities or multi -jurisdictional partners. Based on the 2018 Point -in -Time Homeless Count (PIT Count) conducted by the Los Angeles Homeless Services Authority (LAHSA), the City of Baldwin Park has a homeless count of 289 individuals and family members. The City of Baldwin Park's long-term vision is to create a system change and set in place efficiencies through policies and programs that will align with the County's. The City's five-year homeless plan sets the course for the city to further address the needs of its homeless residents and those who are at risk of homelessness, as well as to participate in regional solutions. Since the completion of its homeless plan in 2018, the City of Baldwin Park has been working to combat homelessness and has developed a plan to: • Coordinate Local Efforts to Respond to Homelessness • Help Prevent Individuals and Families from Becoming Homeless • Connect Case Management and Services to the Coordinated Entry System • Expand Access to Workforce Development Programs to Increase Employment • Explore Opportunities to Increase the Number of Units of Affordable/Supportive Housing • Create Shelter Options in the City • Create New Affordable/Supportive Housing Baldwin Park, through its Department of Parks and Recreation and Community Services will achieve its vision in partnership with the San Gabriel Valley (SGV) Council of Governments (CoG), and the HI, with whom planning work is already underway. The City, with the combination of City staff and consulting/technical services will build upon efforts included in the scope of work to include a much more substantive research and analysis, which will include community engagement, development of educational materials, and outreach, to address the following opportunities at the City level: Priority Area 1: 1. ADU Ordinance: Baldwin Park updated its Accessory Dwelling Unit (ADU) ordinance last year to align with State law but left it open to consider additional amendments related to reducing permit fees and providing other incentives, such as a subsidy to property owners who commit to renting to homeless individuals/households or voucher holder. Grant funding will be used to assess the feasibility of enhancing or making additional changes to the City's ADU ordinance to expand housing resources in the City. 2. Hotel/Motel Conversion: The City will assess whether any local hotels/motels could be converted to housing for people experiencing homelessness. 3. Vacant or Underutilized Public and Private Land: The City will identify vacant or underutilized public land that could be used for affordable/supportive housing. This includes City, County, and Caltrans property. 4. Scattered Site Housing: The City will investigate the Scattered Site Housing, a housing development approach that can meet the needs of seniors and families with low -to -moderate incomes. Affordable housing developments can be used as a community revitalization tool, especially when units are built on scattered sites throughout the community. 5. Inclusionary Zoning/In-Lieu Fees: The City will develop and implement guidance on best practices for maximizing affordable units on sites, including recommendations about opportunities associated inclusionary housing, in lieu fees, up - zoning, and reduced parking requirements. Pricing Schedule: Total contract sum is $300,000 to be paid by County of Los Angeles. The County will pay up to 1/4 of the total contract sum amount upon execution of the subcontract(s) necessary to perform contract services. The remaining contract sum shall be paid out over the term of the agreement. gum Number of Total Cost to be Not To workedHours overthe -� Iffe of the contract Associate Recreation and Community Services Director .:_a I costs 6- to Exceed HoteUMotel Conversion 19� • 1R A!,- StWy1ti E! Scattered Site Housin_q!i' MIN TOTAL -A �� ALTERNATIVES The alternative would to not sign the contract agreement. LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. ATTACHMENTS 1). Attachment #1, Contract Agreement between the City of Baldwin Park and Los Angeles County City Planning Grant Implementation of Cities Homeless Plan. CONTRACT BY AND BETWEEN COUNTY OF LOS ANGELES CITY OF BALDWIN PARK CITY PLANNING GRANT - YEAR 2 IMPLEMENTATION OF CITIES HOMELESSNESS PLANS CONTRACT NUMBER: AO -19-6 CONTRACT PROVISIONS TABLE OF CONTENTS PARAGRAPH TITLE PAGE RECITALS.....................................................................................................................1 1 APPLICABLE DOCUMENTS............................................................................... 2 2 DEFINITIONS .......................................................................................................3 2.1 Standard Definitions.................................................................................. 3 3 WORK ................................................................................................................ 5 4 TERM OF CONTRACT........................................................................................ 5 5 CONTRACT SUM................................................................................................ 5 5.1 Total Contract Sum. ......• 5 5.2 Written Approval for Reimbursement� 5.3 Intentionally Omitted.................................................................................. 6 .. 5.4 No Payment for Services Provided Following Expiration -Termination ofContract................................................................................................. 6 5.5 Invoices and Payments.............................................................................. 6 6 ADMINISTRATION OF CONTRACT- COUNTY .................................................. 8 6.1 County Administration................................................................................ 8 6.2 County's Project Director........................................................................... 8 6.3 County's Project Manager.......................................................................... 8 6.4 County's Contract Project Monitor............................................................. 9 7 ADMINISTRATION OF CONTRACT -CONTRACTOR ......................................... 9 7.1 Contractor Administration.......................................................................... 9 7.2 Contractor's Project Manager.................................................................... 9 7.3 Approval of Contractor's Staff..................................................................... 9 -Contractor's Staff Identifc g7.4 7.5 Background and Security Investigations.................................................... 9 7.6 Confidentiality.......................................................................................... 10 8 STANDARD TERMS AND CONDITIONS..........................................................11 8.1 Amendments............................................................................................11 8.2 Assignment and Delegation/Mergers or Acquisitions ............................... 12 8.3 Authorization Warranty............................................................................ 13 8.4 Budget Reductions.................................................................................. 13 8.5 Complaints...............................................................................................14 8.6 Compliance with Applicable Law............................................................. 14 Page i CONTRACT PROVISIONS TABLE OF CONTENTS PARAGRAPH TITLE PAGE 8.7 Compliance with Civil Rights Laws.......................................................... 15 8.8 Compliance with the County's Jury Service Program .............................. 16 8.9 Conflict of Interest.................................................................................... 17 8.10 Intentionally Omitted................................................................................ 18 8.11 Consideration of Hiring GAIN -GROW Participants .................................. 18 8.12 Contractor Responsibility and Debarment ............................................... 18 8.13 Contractor's Acknowledgement of County's Commitment to Safely Surrendered Baby Law............................................................................ 21 8.14 Contractor's Warranty of Adherence to County's Child Support ComplianceProgram............................................................................... 21 8.15 County's Quality Assurance Plan............................................................. 22 8.16 Damage to County Facilities, Buildings or Grounds ................................. 22 8.17 Employment Eligibility Verification........................................................... 23 8.18 Facsimile Representations....................................................................... 23 8.19 Fair Labor Standards............................................................................... 23 8.20 Force Majeure.......................................................................................... 24 8.21 Governing Law, Jurisdiction, and Venue .................................................. 24 8.22 Independent Contractor Status................................................................ 24 8.23 Indemnification......................................................................................... 25 8.24 General Provisions for all Insurance Coverage ........................................ 25 8.25 Insurance Coverage................................................................................ 30 8.26 Liquidated Damages................................................................................32 8.27 Most Favored Public Entity..................................:................................... 33 8.28 Nondiscrimination and Affirmative Action ................................................. 33 8.29 Non Exclusivity........................................................................................ 35 8.30 Notice of Delays....................................................................................... 35 8.31 Notice of Disputes.................................................................................... 35 8.32 Notice to Employees Regarding the Federal Earned Income Credit........ 35 8.33 Notice to Employees Regarding the Safely Surrendered Baby Law........ 35 8.34 Notices.....................................................................................................36 8.35 Prohibition Against Inducement or Persuasion ........................................ 36 8.36 Public Records Act.................................................................................. 36 8.37 Publicity................................................................................................... 37 Page ii CONTRACT PROVISIONS TABLE OF CONTENTS PARAGRAPH TITLE PAGE 8.38 Record Retention and Inspection -Audit Settlement ................................. 37 8.39 Recycled Bond Paper.............................................................................. 39 8.40 Subcontracting.........................................................................................39 8.41 Termination for Breach of Warranty to Maintain Compliance with County's Child Support Compliance Program .......................................... 40 8.42 Termination for Convenience................................................................... 41 8.43 Termination for Default............................................................................ 41 8.44 Termination for Improper Consideration.................................................. 43 8.45 ermination for Insolvency ...... :....... :...... : ......::....,,..F:, 43 8.46 Termination for Non -Adherence of County Lobbyist Ordinance ............... 44 8.47 Termination for Non -Appropriation of Funds ............................................ 44 8.48 Validity..................................................................................................... 43 8.49 Waiver......................................................................................................45 8.50 Warranty Against Contingent Fees.......................................................... 45 8.51 Warranty of Compliance with County's Defaulted Property Tax ReductionProgram..................................................................................45 8.52 Termination for Breach of Warranty to Maintain Compliance with County's Defaulted Property Tax Reduction Program ............................. 46 8.53 Time off for Voting................................................................................... 46 8.54 Compliance with County's Zero Tolerance Policy on Human Trafficking. 46 8.55 Compliance with Fair Chance Employment Practices ............................. 47 8.56 Compliance with the County Policy of Equity ........................................... 47 9 UNIQUE TERMS AND CONDITIONS................................................................47 9.1 Contractor Protection of Electronic County Information ........................47 9.2 Health Insurance Portability and Accountability Act of 1996 (HIPAA)...... 48 SIGNATURES.............................................................................................................. 50 Page iii CONTRACT PROVISIONS TABLE OF CONTENTS STANDARD EXHIBITS A Statement of Work B Pricing Schedule C Contractor's EEO Certification D County's Administration E Contractor's Administration F Form(s) Required at the Time of Contract Execution G Jury Service Ordinance H Safely Surrendered Baby Law I Compliance with Fair Chance Employment Hiring Practices Certification Page iv CONTRACT BETWEEN COUNTY OF LOS ANGELES AND CITY OF BALDWIN PARK FOR CITY PLANNING GRANTS — YEAR 2 IMPLEMENTATION OF CITIES HOMELESSNESS PLANS This Contract is entered into this day of 2019, by and between the County of Los Angeles (hereafter "County") and City of Baldwin Park (hereafter referred to as "Contractor"), to provide County with homeless services. RECITALS WHEREAS, on September 4, 2018, the County Board of Supervisors delegated authority to the Chief Executive Officer to: 1) implement a solicitation process, in conjunction with United Way's Home for Good Funders Collaborative, in accordance with the Request for Proposal (RFP) Framework; and 2) negotiate, execute and if necessary, amend, reduce or terminate contracts with selected cities, following approval as to from by County Counsel; and WHEREAS, on September 4, 2018, the County Board of Supervisors allocated $9 million of Measure H funding; and $3 million of State Homeless Emergency Aid Programs funding to support successful implementation of components from Cities Homelessness Plans that enhance effectiveness of County service systems for those experiencing or at -risk of experiencing homelessness and are eligible for such funding under applicable rules; and WHEREAS, on May 7, 2019, the County Board of Supervisors was advised of Homeless Initiatives plan- to execute contracts -_with cities to -support implementation of their homelessness plans. The contracts will expire eighteen (18) months from the date of execution or at the end of February 2021, whichever is sooner; and WHEREAS, on July 23, 2019, the Board of Supervisors waived County policy 5.015 for Measure H -funded contracts supporting the implementation of the cities' homelessness plans to permit cities to begin implementation of their homeless plans as soon as possible and authorized the CEO to reimburse each city up to one-quarter of the contract amount for allowable expenditures that are in line with contract requirements and incurred after the contract award notification, but prior to contract execution, so long as: 1) the tasks are consistent with the statement of work in the city's approved grant and contract; and, 2) the Implementation Homelessness Plan - CPG Y2 Page 1 AO -19-6 expenses comply with all terms and conditions of the contract, are reimbursed after execution of the contract, and are submitted for review and approval by CEO; and WHEREAS, the Los Angeles County, Homeless Initiative Unit and United Way, have reviewed the Contractor's proposal and approved providing $300,000 to the Contractor for Homeless Plan Implementation services; and WHEREAS, pursuant to Government Code section 26227, the County Board of Supervisors may appropriate and expend money to establish county programs or to fund other programs deemed to be necessary to meet the social needs of the population of the county. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for good and valuable consideration, the parties agree to the following: APPLICABLE DOCUMENTS Exhibits A, B, C, D, E, F, G, H, and I, are attached to and form a part of this Contract. In the event of any conflict or inconsistency in the definition or interpretation of any word, responsibility, schedule, or the contents or description of any task, deliverable, goods, service, or other work, or otherwise between the base Contract and the Exhibits, or between Exhibits, such conflict or inconsistency shall be resolved by giving precedence first to the terms and conditions of the Contract and then to the Exhibits according to the following priority. Standard Exhibits: 1.1 Exhibit A - Statement of Work 1.2 Exhibit B - Pricing Schedule 1.3 Exhibit C - Contractor's EEO Certification 1.4 Exhibit D - County's Administration 1.5 Exhibit E - Contractor's Administration 1.6 Exhibit F - Forms Required at the Time of Contract Execution 1.7 Exhibit G - Jury Service Ordinance 1.8 Exhibit H - Safely Surrendered Baby Law 1.9 Exhibit I - Compliance with Fair Chance Employment Practices Certification Implementation Homelessness Plan - CPG Y2 Page 2 AO -19-6 This Contract constitutes the complete and exclusive statement of understanding between the parties, and supersedes all previous contracts, written and oral, and all communications between the parties relating to the subject matter of this Contract. No change to this Contract shall be valid unless prepared pursuant to Paragraph 8.1 (Amendments) and signed by both parties. 2 DEFINITIONS 2.1 Standard Definitions: 2.1.1 The headings herein contained are for convenience and reference only and are not intended to define the scope of any provision thereof. The following words as used herein shall be 'corystrued"16 lieve the folldwing meaning, unless otherwise apparent from the context in which they are used. 2.1.1.1 City Planning Grants: Year one funding was allocated by the County Board of Supervisors (Board) from Homeless Initiative Provisional Financing Uses (PFU) funds to support proposals that will result in a plan to prevent and combat homelessness for each city which- receives a grant. To administer the grants, the Chief Executive Office partnered with the United Way Home for Good Funders Collaborative. Year two funding is being allocated by the Board from Measure H funds and Los Angeles Homeless Services Authority will provide State Homeless Emergency Aid Program Funds, to support the successful implementation of Cities Homeless Plans. 2.1.1.2 Contract: This agreement executed between County and Contractor. Included are all supplemental agreements amending or extending the service to be performed. The Contract sets forth the terms and conditions for the issuance and performance of all tasks, deliverables, services and other work 2.1.1.3 Contractor: The person or persons, sole proprietor, partnership, joint venture, corporation or other legal entity who has entered into an agreement with the County to perform or execute the work covered by this contract. 2.1.1.4 Statement of Work: The directions, provisions, and requirements provided herein and special provisions Implementation Homelessness Plan - CPG Y2 Page 3 AO -19-6 pertaining to the method, frequency, manner and place of performing the contract services. 2.1.1.5 Subcontract: An agreement by the contractor to employ a subcontractor to provide services to fulfill this contract. 2.1.1.6 Subcontractor: Any individual, person or persons, sole proprietor, firm, partnership, joint venture, corporation, or other legal entity furnishing supplies, services of any nature, equipment, and/or materials to contractor in furtherance of contractor's performance of this contract, at any tier, under oral or written agreement. 2.1.1.7 Board of Supervisors (Board): The Board of Supervisors of the County of Los Angeles acting as governing body. 2.1.1.8 County Project Manager: Person designated by County's Project Director to manage the operations under this contract. 2.1.1.9 County Contract Project Monitor: Person with responsibility to oversee the day to day activities of this contract. Responsibility for inspections of any and all tasks, deliverables, goods, services and other work provided by the contractor. 2.1.1.10 County Project Director: Person designated by County with authority for County on contractual or administrative matters relating to this contract that cannot be resolved by the County's Project Manager. 2.1.1.11 Day(s): Calendar day(s) unless otherwise specified. 2.1.1.12 Contractor Project Manager: The person designated by the Contractor to administer the Contract operations under this Contract 2.1.1.13 Fiscal Year: The twelve (12) month period beginning July 1st and ending the following June 30th. 2.1.1.14 United Way Home for Good Funders Collaborative: a public-private partnership, which Implementation Homelessness Plan - CPG Y2 Page 4 AO -19-6 collaborates on solutions to end homelessness in Los Angeles County. 3 WORK 3.1 Pursuant to the provisions of this Contract, the Contractor shall fully perform, complete and deliver on time, all tasks, deliverables, services and other work as set forth in herein. 3.2 If the Contractor provides any tasks, deliverables, goods, services, or other work, other than as specified in this contract, the same shall be deemed to be a gratuitous effort on the part of the contractor, and the contractor shall have no claim whatsoever against the County. 4 TERM OF CONTRACT 4.1 The term of this Contract shall commence upon execution by the County's Chief Executive Officer and shall expire in eighteen (18) months, or on February 28, 2021, whichever is sooner, unless sooner terminated or extended, in whole or in part, as provided in this Contract. 5 CONTRACT SUM 5.1 Total Contract Sum 5.1.1 The Maximum Amount of this Contract shall be the amount set forth in Exhibit B (Pricing Schedule), for the term of this Contract as set forth Paragraph 4.0 - Term of Contract, above. Any costs incurred to complete this Contract more than the maximum not -to -exceed cost will be borne by the Contractor. 5.2 Written Approval for Reimbursement _ -5-.-2-1 The Contractor shall ---not .be entitled _ _to _-payment or reimbursement for any tasks or services performed, nor for any incidental or administrative expenses whatsoever incurred in or incidental to performance hereunder, except as specified herein. Assumption or takeover of any of the Contractor's duties, responsibilities, or obligations, or performance of same by any person or entity other than the Contractor, whether through assignment, subcontract, delegation, merger, buyout, or any other mechanism, with or without consideration for any reason whatsoever, shall not occur except with the County's express prior written approval. Implementation Homelessness Plan - CPG Y2 Page 5 AO -19-6 5.3 Intentionally Omitted 5.4 No Payment for Services Provided Following Expiration - Termination of Contract 5.4.1 The Contractor shall have no claim against County for payment of any money or reimbursement, of any kind whatsoever, for any service provided by the Contractor after the expiration or other termination of this Contract. Should the Contractor receive any such payment it shall immediately notify County and shall immediately repay all such funds to County. Payment by County for services rendered after expiration -termination of this Contract shall not constitute a waiver of County's right to .recover such payment from the Contractor. This provision shall survive the expiration or other termination of this Contract. 5.5 Invoices and Payments 5.5.1 The Contractor shall invoice the County only for providing the tasks, deliverables, goods, services, and other work specified in Exhibit A (Statement of Work) and elsewhere hereunder. The Contractor shall prepare invoices, which shall include the charges owed to the Contractor by the County under the terms of this Contract. The Contractor's payments shall be as provided in Exhibit B (Pricing Schedule) and the Contractor shall be paid only for the tasks, deliverables, goods, services, and other work approved in writing by the County. If the County does not approve work in writing no payment shall be due to the Contractor for that work. 5.5.2 The Contractor's invoices shall be priced in accordance with Exhibit B (Pricing Schedule). 5.5.3 The Contractor's invoices shall contain the information set forth in Exhibit A (Statement of Work) describing the tasks, deliverables, goods, services, work hours, and facility and/or other work for which payment is claimed. 5.5.4 All invoices under this Contract shall be addressed to the following and submitted electronically to the following email address: Homeless Initiative Unit Los Angeles County Chief Executive Office Hall of Administration 500 W. Temple Street, Rm 493 Implementation Homelessness Plan - CPG Y2 Page 6 AO -19-6 Los Angeles, CA 90012 hiadmin(c.-)-ceo.lacounty.gov 5.5.5 County Approval of Invoices All invoices submitted by the Contractor for payment must have the written approval of the County's Project Manager prior to any payment thereof. In no event shall the County be liable or responsible for any payment prior to such written approval. Approval for payment will not be unreasonably withheld. 5.6 Default Method of Payment: Direct Deposit or Electronic Funds Transfer 5.6.1 The County, at its sole discretion, has determined that the most efficient and secure default form of payment for goods and/or services provided under an agreement/ contract with the County shall be Electronic Funds Transfer (EFT) or direct deposit, unless an alternative method of payment is deemed appropriate by the Auditor -Controller (A -C). 5.6.2 The Contractor shall submit a direct deposit authorization request via the website https://directdeposit.lacounty.gov with banking and vendor information, and any other information that the A -C determines is reasonably necessary to process the payment and comply with all accounting, record keeping, and tax reporting requirements. 5.6.3 Any provision of law, grant, or funding agreement requiring a specific form or method of payment other than EFT or direct deposit shall supersede this requirement with respect to those payments. 5.6.4 At any time during the duration of the agreement/contract, a Contractor may submit a written request for an exemption to this requirement. Such request must be based on specific legal, business or operational needs and explain why the payment method designated by the A -C is not feasible and an alternative is necessary. The A -C, in consultation with the contracting department(s), shall decide whether to approve exemption requests. Implementation Homelessness Plan - CPG Y2 Page 7 AO -19-6 6 ADMINISTRATION OF CONTRACT - COUNTY 6.1 County Administration 6.1.1 A listing of all County Administration referenced in the following subparagraphs are designated in Exhibit D (County's Administration). The County will notify the Contractor in writing of any change in the names or addresses shown. 6.2 County's Project Director 6.2.1 The role of the County's Project Director may include: 6.2.1.1 Coordinating with Contractor and ensuring Contractor's performance of the Contract; however, in no event shall Contractor's obligation to fully satisfy all of the requirements of this Contract be relieved, excused or limited thereby; and 6.2.1.2 Upon request of the Contractor, providing direction to the Contractor, as appropriate in areas relating to County policy, information requirements, and procedural requirements; however, in no event, shall Contractor's obligation to fully satisfy all of the requirements of this Contract be relieved, excused or limited thereby. 6.3 County's Project Manager 6.3.1 The role of the County's Project Manager is authorized to include: 6.3.1.1 Meeting with the Contractor's Project Manager on a regular basis; and 6.3.1.2 Inspecting any and all tasks, deliverables, goods, services, or other work provided by or on behalf of the Contractor; however, in no event shall Contractor's obligation to fully satisfy all of the requirements of this Contract be relieved, excused or limited thereby. The County's Project Manager is not authorized to make any changes in any of the terms and conditions of this Contract and is not authorized to further obligate County in any respect whatsoever. Implementation Homelessness Plan - CPG Y2 Page 8 AO -19-6 6.4 County's Contract Project Monitor 6.4.1 The role of the County's Project Monitor is to oversee the day-to-day administration of this Contract, however, in no event shall Contractor's obligation to fully satisfy all of the requirements of this Contract be relieved, excused or limited thereby. The Project Monitor reports to the County's Project Manager. 7 ADMINISTRATION OF CONTRACT - CONTRACTOR 7.1 Contractor Administration A listing of all of Contractor's Administration referenced in the following`paragraphs is_ designated in" Exhibit E (Contractor's Administration). The Contractor will notify the County in writing of any change in the names or addresses shown. 7.2 Contractor's Project Manager 7.2.1 The Contractor's Project Manager is designated in Exhibit E (Contractor's Administration). The Contractor shall notify the County in writing of any -change in the name or address of the Contractor's Project Manager. 7.2.2 The Contractor's Project Manager shall be responsible for the Contractor's day-to-day activities as related to this Contract and shall meet and coordinate with County's Project Manager and County's Contract Project Monitor on a regular basis. 7.3 Approval of Contractor's Staff 7.3.1 County has the absolute right to approve or disapprove all of the Contractor's staff performing work hereunder and any proposed changes in -the-Contractor's staff, incruding_ but not limited to, the Contractor's Project Manager. 7.4 Contractor's Staff Identification Contract shall provide, at Contractor's expense, all staff providing services under this Contract with a photo identification badge. 7.5 Background and Security Investigations 7.5.1 Each of Contractor's staff performing services under this Contract, who is in a designated sensitive position, as determined by County in County's sole discretion, shall undergo and pass a background investigation to the Implementation Homelessness Plan - CPG Y2 Page 9 AO -19-6 satisfaction of County as a condition of beginning and continuing to perform services under this Contract. Such background investigation must be obtained through fingerprints submitted to the California Department of Justice to include State, local, and federal -level review, which may include, but shall not be limited to, criminal conviction information. The fees associated with the background investigation shall be at the expense of the Contractor, regardless of whether the member of Contractor's staff passes or fails the background investigation. If a member of Contractor's staff does not pass the background investigation, County may request that the member of Contractor's staff be removed immediately from performing services under the Contract. Contractor shall comply with County's request at any time during the term of the Contract. County will not provide to Contractor or to Contractor's staff any information obtained' through the County's background investigation 7.5.2 County, in its sole discretion, may immediately deny or terminate facility access to any member of Contractor's staff that does not pass such investigation to the satisfaction of the County or whose background or conduct is incompatible with County facility access. 7.5.3 Disqualification of any member of Contractor's staff pursuant to this Paragraph 7.5 shall not relieve Contractor of its obligation to complete all work in accordance with the terms and conditions of this Contract. 7.6 Confidentiality 7.6.1 Contractor shall maintain the confidentiality of all records and information in accordance with all applicable Federal, State and local laws, rules, regulations, ordinances, directives, guidelines, policies and procedures relating to confidentiality, including, without limitation, County policies concerning information technology security and the protection of confidential records and information. 7.6.2 Contractor shall indemnify, defend, and hold harmless County, its officers, employees, and agents, from and against any and all claims, demands, damages, liabilities, losses, costs and expenses, including, without limitation, defense costs and legal, accounting and other expert, Implementation Homelessness Plan - CPG Y2 Page 10 AO -19-6 consulting, or professional fees, arising from, connected with, or related to any failure by Contractor, its officers, employees, agents, or subcontractors, to comply with this Paragraph 7.6, as determined by County in its sole judgment. Any legal defense pursuant to contractor's indemnification obligations under this Paragraph 7.6 shall be conducted by contractor and performed by counsel selected by Contractor and approved by County. Notwithstanding the preceding sentence, County shall have the right to participate in any such defense at its sole cost and expense, except that in the event Contractor fails to provide County with a full and adequate defense, as determined by County in its sole judgment, County shall be entitled to retain its own counsel, including, without limitation, County Counsel, and to reimbursement from Contractor for all such costs and expenses incurred by County in doing so. Contractor shall not have the right to enter into any settlement, agree to any injunction, or make any admission, in each case, on behalf of County without County's prior written approval. 7.6.3 Contractor shall inform all of its officers, employees, agents and, subcontractors providing services hereunder of the confidentiality provisions of this Contract. 7.6.4 Contractor shall sign and adhere to the provisions of the "Contractor Acknowledgement and Confidentiality Agreement", Exhibit F. 8 STANDARD TERMS AND CONDITIONS 8.1 Amendments 8.1.1 For any change which affects the scope of work, term, contract sum, payments, or any term or condition included under this Contract, an amendment to the Contract shall be prepared and executed by the contractor and by Chief Executive Officer or his/her designee. 8.1.2 For any change which does not materially affect the statement of work or any other term or condition included under this Contract, a Change Notice shall be prepared and signed by the County's Project Manager and Contractor's Project Manager. 8.1.3 The County's Board of Supervisors or Chief Executive Officer or designee may require the addition and/or change of certain terms and conditions in the Contract during the term of this Contract. The County reserves the right to add and/or Implementation Homelessness Plan - CPG Y2 Page 11 AO -19-6 change such provisions as required by the County's Board of Supervisors or Chief Executive Officer. To implement such changes, an Amendment to the Contract shall be prepared and executed by the contractor and by Chief Executive Officer and his/her designee. 8.1.4 The Chief Executive Officer or his/her designee, may at his/her sole discretion, authorize extensions of time as defined in Paragraph 4 - Term of Contract. The contractor agrees that such extensions of time shall not change any other term or condition of this Contract during the period of such extensions. To implement an extension of time, an Amendment to the Contract shall be prepared and executed by the contractor and by Chief Executive Officer. 8.2 Assignment and Delegation/Mergers or Acquisitions 8.2.1 The contractor shall notify the County of any pending acquisitions/mergers of its company unless otherwise legally prohibited from doing so. If the contractor is restricted from legally notifying the County of pending acquisitions/mergers, then it should notify the County of the actual acquisitions/mergers as soon as the law allows and provide to the County the legal framework that restricted it from notifying the County prior to the actual acquisitions/mergers. 8.2.2 The contractor shall not assign its rights or delegate its duties under this Contract, or both, whether in whole or in part, without the prior written consent of County, in its discretion, and any attempted assignment or delegation without such consent shall be null and void. For purposes of this paragraph, County consent shall require a written Amendment to the Contract, which is formally approved and executed by the parties. Any payments by the County to any approved delegatee or assignee on any claim under this Contract shall be deductible, at County's sole discretion, against the claims, which the contractor may have against the County. 8.2.3 Shareholders, partners, members, or other equity holders of contractor may transfer, sell, exchange, assign, or divest themselves of any interest they may have therein. However, in the event any such sale, transfer, exchange, assignment, or divestment is effected in such a way as to give majority control of contractor to any person(s), corporation, partnership, or legal entity other than the majority controlling interest therein at the time of execution of the Contract, such disposition is an assignment requiring the prior written Implementation Homelessness Plan - CPG Y2 Page 12 AO -19-6 consent of County in accordance with applicable provisions of this Contract. 8.2.4 Any assumption, assignment, delegation, or takeover of any of the contractor's duties, responsibilities, obligations, or performance of same by any person or entity other than the contractor, whether through assignment, subcontract, delegation, merger, buyout, or any other mechanism, with or without consideration for any reason whatsoever without County's express prior written approval, shall be a material breach of the Contract which may result in the termination of this Contract. In the event of such termination, County shall be entitled to pursue the same remedies against contractor as it could pursue in the event of default by. contractor. 8.3 Authorization Warranty 8.3.1 The contractor represents and warrants that the person executing this Contract for the contractor is an authorized agent who has actual authority to bind the contractor to each and every term, condition, and obligation of this Contract and that all requirements of the contractor have been fulfilled to provide such actual authority. 8.4 Budget Reductions 8.4.1 In the event that the County's Board of Supervisors adopts, in any fiscal year, a County Budget which provides for reductions in the salaries and benefits paid to the majority of County employees and imposes similar reductions with respect to County contracts, the County reserves the right to reduce its payment obligation under this Contract correspondingly for that fiscal year and any subsequent fiscal year during the term of this Contract (including any extensions), and the services to be provided by the contractor under this Contract shall also be reduced correspondingly. The County's notice to the contractor regarding said reduction in payment obligation shall be provided within thirty (30) calendar days of the Board's approval of such actions. Except as set forth in the preceding sentence, the contractor shall continue to provide all of the services set forth in this Contract. Implementation Homelessness Plan - CPG Y2 Page 13 AO -19-6 8.5 Complaints 8.5.1 The contractor shall develop, maintain and operate procedures for receiving, investigating and responding to complaints. 8.5.2 Complaint Procedures 8.5.2.1 Within thirty (30) business days after the Contract effective date, the contractor shall provide the County with the contractor's policy for receiving, investigating and responding to user complaints. 8.5.2.2 The County will review the contractor's policy and provide the contractor with approval of said plan or with requested changes. 8.5.2.3 If the County requests changes in the contractor's policy, the contractor shall make such changes and resubmit the plan within fifteen (15) business days for County approval. 8.5.2.4 If, at any time, the contractor wishes to change the contractor's policy, the contractor shall submit proposed changes to the County for approval before implementation. 8.5.2.5 The contractor shall preliminarily investigate all complaints and notify the County's Project Manager of the status of the investigation within thirty (30) business days of receiving the complaint. 8.5.2.6 When complaints cannot be resolved informally, a system of follow-through shall be instituted which adheres to formal plans for specific actions and strict time deadlines. 8.5.2.7 Copies of all written responses shall be sent to the County's Project Manager within ten (10) business days of mailing to the complainant. 8.6 Compliance with Applicable Law 8.6.1 In the performance of this Contract, contractor shall comply with all applicable Federal, State and local laws, rules, regulations, ordinances, directives, guidelines, policies and Implementation Homelessness Plan - CPG Y2 Page 14 AO -19-6 procedures, and all provisions required thereby to be included in this Contract are hereby incorporated herein by reference. 8.6.2 Contractor shall indemnify, defend, and hold harmless County, its officers, employees, and agents, from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses, including, without limitation, defense costs and legal, accounting and other expert, consulting or professional fees, arising from, connected with, or related to any failure by contractor, its officers, employees, agents, or subcontractors, to comply with any such laws, rules, regulations, ordinances, directives, guidelines, policies, or procedures, as determined by County in_ its --sole Any _legal defense pursuant to contractor's indemnification obligations under Paragraph 8.6 (Compliance with Applicable Law) shall be conducted by contractor and performed by counsel selected by contractor and approved by County. Notwithstanding the preceding sentence, County shall have the right to participate in any such defense at its sole cost and expense, except that in the event contractor fails to provide County with a full and adequate defense, as,__determined_. by County in its sole judgment, County shall be entitled to retain its own counsel, including, without limitation, County Counsel, and to reimbursement from contractor for all such costs and expenses incurred by County in doing so. Contractor shall not have the right to enter into any settlement, agree to any injunction or other equitable relief, or make any admission, in each case, on behalf of County without County's prior written approval. 8.7 Compliance with Civil Rights Laws 8.7.1 The contractor hereby assures that it will comply with _ Subefiapter 4f1_ of the -Civil--Rights Act of 1964, 42 USC _ Sections 2000 (e) (1) through 2000 (e) (17), to the end that no person shall, on the grounds of race, creed, color, sex, religion, ancestry, age, condition of physical handicap, marital status, political affiliation, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Contract or under any project, program, or activity supported by this Contract. The contractor shall comply with Exhibit C - Contractor's EEO Certification. Implementation Homelessness Plan - CPG Y2 Page 15 AO -19-6 8.8 Compliance with the County's Jury Service Program 8.8.1 Jury Service Program: This Contract is subject to the provisions of the County's ordinance entitled Contractor Employee Jury Service ("Jury Service Program") as codified in Sections 2.203.010 through 2.203.090 of the Los Angeles County Code, a copy of which is attached as Exhibit G and incorporated by reference into and made a part of this Contract. 8.8.2 Written Employee Jury Service Policy. Unless the contractor has demonstrated to the County's satisfaction either that the contractor is not a "contractor" as defined under the Jury Service Program (Section 2.203.020 of the County Code) or that the contractor qualifies for an exception to the Jury Service Program (Section 2.203.070 of the County Code), the contractor shall have and adhere to a written policy that provides that its Employees shall receive from the contractor, on an annual basis, no less than five days of regular pay for actual jury service. The policy may provide that Employees deposit any fees received for such jury service with the contractor or that the contractor deduct from the Employee's regular pay the fees received for jury service. 2. For purposes of this paragraph, "contractor" means a person, partnership, corporation or other entity which has a contract with the County or a subcontract with a County contractor and has received or will receive an aggregate sum of fifty thousand dollars ($50,000) or more in any twelve (12) month period under one or more County contracts or subcontracts. "Employee" means any California resident who is a full-time employee of the contractor. "Full-time" means forty (40) hours or more worked per week, or a lesser number of hours if: 1) the lesser number is a recognized industry standard as determined by the County, or 2) contractor has a long-standing practice that defines the lesser number of hours as full-time. Full-time employees providing short-term, temporary services of ninety (90) days or less within a twelve (12) month period are not considered full-time for purposes of the Jury Service Program. If the contractor uses any subcontractor to perform services for the County under the Contract, the subcontractor shall also be subject to the provisions of Implementation Homelessness Plan - CPG Y2 Page 16 AO -19-6 this paragraph. The provisions of this paragraph shall be inserted into any such subcontract agreement and a copy of the Jury Service Program shall be attached to the agreement. 3. If the contractor is not required to comply with the Jury Service Program when the Contract commences, the contractor shall have a continuing obligation to review the applicability of its "exception status" from the Jury Service Program, and the contractor shall immediately notify the County if the contractor at any time either comes within the Jury Service Program's definition of "contractor" or if the contractor no longer qualifies for an exception to. the) ury_Service,Program. In either event, the contractor shall immediately implement a written policy consistent with the Jury Service Program. The County may also require, at any time during the Contract and at its sole discretion, that the contractor demonstrate, to the County's satisfaction that the contractor either continues to remain outside of the Jury Service Program's definition of "contractor" and/or that the contractor contia_ues_to_qualify for an exception to the Program. 4. Contractor's violation of this paragraph of the Contract may constitute a material breach of the Contract. In the event of such material breach, County may, in its sole discretion, terminate the Contract and/or bar the contractor from the award of future County contracts for a period of time consistent with the seriousness of the breach. 8.9 Conflict of Interest 8.9.1 No County employee whose position with the County enables such employee to influence the award of this Contract or any competing Contract, and no spouse or economic dependent of such employee, shall be employed in any capacity by the contractor or have any other direct or indirect financial interest in this Contract. No officer or employee of the contractor who may financially benefit from the performance of work hereunder shall in any way participate in the County's approval, or ongoing evaluation, of such work, or in any way attempt to unlawfully influence the County's approval or ongoing evaluation of such work. 8.9.2 The contractor shall comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be Implementation Homelessness Plan - CPG Y2 Page 17 AO -19-6 enacted during the term of this Contract. The contractor warrants that it is not now aware of any facts that create a conflict of interest. If the contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to the County. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph shall be a material breach of this Contract. 8.10 Intentionally Omitted 8.11 Consideration of Hiring GAIN -GROW Participants 8.11.1 Should the contractor require additional or replacement personnel after the effective date of this Contract, the contractor shall give consideration for any such employment openings to participants in the County's Department of Public Social Services Greater Avenues for Independence (GAIN) Program or General Relief Opportunity for Work (GROW) Program who meet the contractor's minimum qualifications for the open position. For this purpose, consideration shall mean that the contractor will interview qualified candidates. The County will refer GAIN -GROW participants by job category to the contractor. Contractors shall report all job openings with job requirements to: GAINGROW(a)_dpss.lacounty.gov to obtain a list of qualified GAIN/GROW job candidates. 8.11.2 In the event that both laid -off County employees and GAIN/GROW participants are available for hiring, County employees shall be given first priority. 8.12 Contractor Responsibility and Debarment 8.12.1 Responsible Contractor A responsible contractor is a contractor who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the contract. It is the County's policy to conduct business only with responsible contractors. Implementation Homelessness Plan - CPG Y2 Page 18 AO -19-6 8.12.2 Chapter 2.202 of the County Code The contractor is hereby notified that, in accordance with Chapter 2.202 of the County Code, if the County acquires information concerning the performance of the contractor on this or other contracts which indicates that the contractor is not responsible, the County may, in addition to other remedies provided in the Contract, debar the contractor from bidding or proposing on, or being awarded, and/or performing work on County contracts for a specified period of time, which generally will not exceed five (5) years but may exceed five (5) years or be permanent if warranted by the circumstances, and terminate any or all existing contracts the contractor may have with the County. 8.12.3 Non -responsible contractor The County may debar a contractor if the Board of Supervisors finds, in its discretion, that the contractor has done any of the following: 1) violated a term of a contract with the County or a nonprofit corporation created by the County, 2) committed an act or omission which negatively reflects on the contractor's quality, fitness or capacity to perform a contract with the County, any other public entity, or a nonprofit corporation created by the County, or engaged in a pattern or practice which negatively reflects on same, 3) committed an act or offense which indicates a lack of business integrity or business honesty, or 4) made or submitted a false claim against the County or any other public entity. 8.12.4 Contractor Hearing Board 8.12.4.1 If there is evidence that the contractor may be subject to debarment, the Department will notify the contractor in writing of the evidence which is the basis for the proposed debarment and will advise the contractor of the scheduled date for a debarment hearing before the Contractor Hearing Board. 8.12.4.2 The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The contractor and/or the contractor's representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a tentative proposed decision, Implementation Homelessness Plan - CPG Y2 Page 19 AO -19-6 which shall contain a recommendation regarding whether the contractor should be debarred, and, if so, the appropriate length of time of the debarment. The contractor and the Department shall be provided an opportunity to object to the tentative proposed decision prior to its presentation to the Board of Supervisors. 8.12.4.3 After consideration of any objections, or if no objections are submitted, a record of the hearing, the proposed decision, and any other recommendation of the Contractor Hearing Board shall be presented to the Board of Supervisors. The Board of Supervisors shall have the right to modify, deny, or adopt the proposed decision and recommendation of the Contractor Hearing Board. 8.12.4.4 If a contractor has been debarred for a period longer than five (5) years, that contractor may after the debarment has been in effect for at least five (5) years, submit a written request for review of the debarment determination to reduce the period of debarment or terminate the debarment. The County may, in its discretion, reduce the period of debarment or terminate the debarment if it finds that the contractor has adequately demonstrated one or more of the following: 1) elimination of the grounds for which the debarment was imposed; 2) a bona fide change in ownership or management; 3) material evidence discovered after debarment was imposed; or 4) any other reason that is in the best interests of the County. 8.12.4.5 The Contractor Hearing Board will consider a request for review of a debarment determination only where 1) the contractor has been debarred for a period longer than five (5) years; 2) the debarment has been in effect for at least five (5) years; and 3) the request is in writing, states one or more of the grounds for reduction of the debarment period or termination of the debarment, and includes supporting documentation. Upon receiving an appropriate request, the Contractor Hearing Board will provide notice of the hearing on the request. At the hearing, the Contractor Hearing Board shall conduct a hearing where evidence on the Implementation Homelessness Plan - CPG Y2 Page 20 AO -19-6 proposed reduction of debarment period or termination of debarment is presented. This hearing shall be conducted and the request for review decided by the Contractor Hearing Board pursuant to the same procedures as for a debarment hearing. 8.12.4.6 The Contractor Hearing Board's proposed decision shall contain a recommendation on the request to reduce the period of debarment or terminate the debarment. The Contractor Hearing Board shall present its proposed decision and recommendation to the Board of Supervisors. The Board of Supervisors shall have the tight` to modify, deny, or adopt the proposed decision and recommendation of the Contractor Hearing Board. 8.12.5 Subcontractors of Contractor These terms shall also apply to subcontractors of County contractors. 8.13 Contractor's Acknowledgement of County's Commitment to Safely Surrendered Baby Law 8.13.1 The contractor acknowledges that the County places a high priority on the implementation of the Safely Surrendered Baby Law. The contractor understands that it is the County's policy to encourage all County contractors to voluntarily post the County's "Safely Surrendered Baby Law" poster, in Exhibit H, in a prominent position at the contractor's place of business. The contractor will also encourage its subcontractors, if any, to post this poster in a prominent position in the subcontractor's place of business. Information and posters for printing are available at www.babysafela.org. 8.14 Contractor's Warranty of Adherence to County's Child Support Compliance Program 8.14.1 The contractor acknowledges that the County has established a goal of ensuring that all individuals who benefit financially from the County through contracts are in compliance with their court-ordered child, family and spousal support obligations in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers. Implementation Homelessness Plan - CPG Y2 Page 21 AO -19-6 8.14.2 As required by the County's Child Support Compliance Program (County Code Chapter 2.200) and without limiting the contractor's duty under this Contract to comply with all applicable provisions of law, the contractor warrants that it is now in compliance and shall during the term of this Contract maintain in compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 USC Section 653a) and California Unemployment Insurance Code Section 1088.5, and shall implement all lawfully served Wage and Earnings Withholding Orders or Child Support Services Department Notices of Wage and Earnings Assignment for Child, Family or Spousal Support, pursuant to Code of Civil Procedure Section 706.031 and Family Code Section 5246(b). 8.15 County's Quality Assurance Plan The County or its agent(s) will monitor the contractor's performance under this Contract on not less than an annual basis. Such monitoring will include assessing the contractor's compliance with all Contract terms and conditions and performance standards. Contractor deficiencies which the County determines are significant or continuing and that may place performance of the Contract in jeopardy if not corrected will be reported to the Board of Supervisors and listed in the appropriate contractor performance database. The report to the Board will include improvement/corrective action measures taken by the County and the contractor. If improvement does not occur consistent with the corrective action measures, the County may terminate this Contract or impose other penalties as specified in this Contract. 8.16 Damage to County Facilities, Buildings or Grounds 8.16.1 The contractor shall repair, or cause to be repaired, at its own cost, any and all damage to County facilities, buildings, or grounds caused by the contractor or employees or agents of the contractor. Such repairs shall be made immediately after the contractor has become aware of such damage, but in no event later than thirty (30) days after the occurrence. 8.16.2 If the contractor fails to make timely repairs, County may make any necessary repairs. All costs incurred by County, as determined by County, for such repairs shall be repaid by the contractor by cash payment upon demand. Implementation Homelessness Plan - CPG Y2 Page 22 AO -19-6 8.17 Employment Eligibility Verification 8.17.1 The contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirements set forth in Federal and State statutes and regulations. The contractor shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal and State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, (P.L. 99-603), or as they currently exist and _ as they. may be hereafter amended. The contractor shall retain all such documentation for all covered employees for the period prescribed by law. 8.17.2 The contractor shall indemnify, defend, and hold harmless, the County, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against the contractor or the County or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract. 8.18 Facsimile Representations The County and the contractor hereby agree to regard facsimile representations of original signatures of authorized officers of each party, when appearing in appropriate places on the Contract Signature page, Amendments prepared pursuant to Paragraph 8.1 (Amendments) and received via communications facilities, as legally sufficient evidence that such original signatures have been affixed to this Contract. 8.19 Fair Labor Standards 8.19.1 The contractor shall comply with all applicable provisions of the Federal Fair Labor Standards Act and shall indemnify, defend, and hold harmless the County and its agents, officers, and employees from any and all liability, including, but not limited to, wages, overtime pay, liquidated damages, penalties, court costs, and attorneys' fees arising under any wage and hour law, including, but not limited to, the Federal Fair Labor Standards Act, for work performed by the contractor's employees for which the County may be found iointly or solely liable. Implementation Homelessness Plan - CPG Y2 Page 23 AO -19-6 8.20 Force Majeure 8.20.1 Neither party shall be liable for such party's failure to perform its obligations under and in accordance with this Contract, if such failure arises out of fires, floods, epidemics, quarantine restrictions, other natural occurrences, strikes, lockouts (other than a lockout by such party or any of such party's subcontractors),. freight embargoes, or other similar events to those described above, but in every such case the failure to perform must be totally beyond the control and without any fault or negligence of such party (such events are referred to in this paragraph as "force majeure events"). 8.20.2 Notwithstanding the foregoing, a default by a subcontractor of contractor shall not constitute a force majeure event, unless such default arises out of causes beyond the control of both contractor and such subcontractor, and without any fault or negligence of either of them. In such case, contractor shall not be liable for failure to perform, unless the goods or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit contractor to meet the required performance schedule. As used in this subparagraph, the term "subcontractor" and "subcontractors" mean subcontractors at any tier. 8.20.3 In the event contractor's failure to perform arises out of a force majeure event, contractor agrees to use commercially reasonable best efforts to obtain goods or services from other sources, if applicable, and to otherwise mitigate the damages and reduce the delay caused by such force majeure event. 8.21 Governing Law, Jurisdiction, and Venue This Contract shall be governed by, and construed in accordance with, the laws of the State of California. The contractor agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Contract and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Los Angeles. 8.22 Independent Contractor Status 8.22.1 This Contract is by and between the County and the contractor and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, Implementation Homelessness Plan - CPG Y2 Page 24 AO -19-6 partnership, joint venture, or association, as between the County and the contractor. The employees and agents of one party shall not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever. 8.22.2 The contractor shall be solely liable and responsible for providing to, or on behalf of, all persons performing work pursuant to this Contract all compensation and benefits. The County shall have no liability or responsibility for the payment of any salaries, wages, unemployment benefits, disability benefits, Federal, State, or local taxes, or other compensation, benefits, or taxes for any personnel provided by or on behalf of the contractor. 8.22.3 The contractor understands and agrees that all persons performing work pursuant to this Contract are, for purposes of Workers' Compensation liability, solely employees of the contractor and not employees of the County. The contractor shall be solely liable and responsible for furnishing any and all Workers' Compensation benefits to any person as a result of any injuries arising from or connected with any work performed by or on behalf of the contractor pursuant to this Contract. 8.22.4 The contractor shall adhere to the provisions stated in Paragraph 7.6 (Confidentiality). 8.23 Indemnification 8.23.1 The contractor shall indemnify, defend and hold harmless the County, its Special Districts, elected and appointed officers, employees, agents and volunteers (County Indemnitees) from and against any and all liability, including but not limited to demands, claims, actions, fees, costs and expenses (including attorney and expert witness fees), arising from and/or relating to this Contract, except for such loss or damage arising from the sole negligence or willful misconduct of the County indemnitees. 8.24 General Provisions for all Insurance Coverage 8.24.1 Without limiting contractor's indemnification of County, and in the performance of this Contract and until all of its obligations pursuant to this Contract have been met, contractor shall provide and maintain at its own expense insurance coverage satisfying the requirements specified in Paragraphs 8.24 and 8.25 of this Contract. These minimum insurance coverage terms, types and limits (the Implementation Homelessness Plan - CPG Y2 Page 25 AO -19-6 "Required Insurance") also are in addition to and separate from any other contractual obligation imposed upon contractor pursuant to this Contract. The County in no way warrants that the Required Insurance is sufficient to protect the contractor for liabilities which may arise from or relate to this Contract. 8.24.2 Evidence of Coverage and Notice to County 8.24.2.1 Certificate(s) of insurance coverage (Certificate) satisfactory to County, and a copy of an Additional Insured endorsement confirming County and its Agents (defined below) has been given Insured status under the contractor's General Liability policy, shall be delivered to County at the address shown below and provided prior to commencing services under this Contract. 8.24.2.2 Renewal Certificates shall be provided to County not less than ten (10) days prior to contractor's policy expiration dates. The County reserves the right to obtain complete, certified copies of any required contractor and/or subcontractor insurance policies at any time. 8.24.2.3 Certificates shall identify all Required Insurance coverage types and limits specified herein, reference this Contract by name or number, and be signed by an authorized representative of the insurer(s). The Insured party named on the Certificate shall match the name of the contractor identified as the contracting party in this Contract. Certificates shall provide the full name of each insurer providing coverage, its NAIC (National Association of Insurance Commissioners) identification number, its financial rating, the amounts of any policy deductibles or self-insured retentions exceeding fifty thousand dollars ($50,000), and list any County required endorsement forms. 8.24.2.4 Neither the County's failure to obtain, nor the County's receipt of, or failure to object to a non- complying insurance certificate or endorsement, or any other insurance documentation or information provided by the contractor, its insurance broker(s) and/or insurer(s), shall be Implementation Homelessness Plan - CPG Y2 Page 26 AO -19-6 construed as a waiver of any of the Required Insurance provisions. 8.24.2.5 Certificates and copies of any required endorsements shall be sent to: County of Los Angeles Homeless Initiative Unit - INSURANCE Chief Executive Office Hall of Administration 500 W. Temple Street, Rm 493 Los Angeles, CA 90012 hiadmin(aD-ceo.lacounty.gov 8.24.2.6 Contractor also shall promptly report to County any injury or property damage accident or incident, including any injury to a contractor employee occurring on County property, and any loss, disappearance, destruction, misuse, or theft of County property, monies or securities entrusted to contractor. Contractor also shall promptly notify County of any third party claim or suit filed against contractor or any of its subcontractors which arises from or relates to this Contract, and could result in the filing of a claim or lawsuit against contractor and/or County. 8.24.3 Additional Insured Status and Scope of Coverage The County of Los Angeles, its Special Districts, Elected Officials, Officers, Agents, employees and volunteers (collectively County and its Agents) shall be provided additional insured status under contractor's General Liability- policy with respect to --liability arising_out of - contractor's ongoing and completed operations performed on behalf of the County. County and its Agents additional insured status shall apply with respect to liability and defense of suits arising out of the contractor's acts or omissions, whether such liability is attributable to the contractor or to the County. The full policy limits and scope of protection also shall apply to the County and its Agents as an additional insured, even if they exceed the County's minimum Required Insurance specifications herein. Use of an automatic additional insured endorsement form is acceptable providing it satisfies the Required Insurance provisions herein. Implementation Homelessness Plan - CPG Y2 Page 27 AO -19-6 8.24.4 Cancellation of or Changes in Insurance Contractor shall provide County with, or contractor's insurance policies shall contain a provision that County shall receive, written notice of cancellation or any change in Required Insurance, including insurer, limits of coverage, term of coverage or policy period. The written notice shall be provided to County at least ten (10) days in advance of cancellation for non-payment of premium and thirty (30) days in advance for any other cancellation or policy change. Failure to provide written notice of cancellation or any change in Required Insurance may constitute a material breach of the Contract, in the sole discretion of the County, upon which the County may suspend or terminate this Contract. 8.24.5 Failure to Maintain Insurance Contractor's failure to maintain or to provide acceptable evidence that it maintains the Required Insurance shall constitute a material breach of the Contract, upon which County immediately may withhold payments due to contractor, and/or suspend or terminate this Contract. County, at its sole discretion, may obtain damages from contractor resulting from said breach. Alternatively, the County may purchase the Required Insurance, and without further notice to contractor, deduct the premium cost from sums due to contractor or pursue contractor reimbursement. 8.24.6 Insurer Financial Ratings Coverage shall be placed with insurers acceptable to the County with A.M. Best ratings of not less than A:VII unless otherwise approved by County. 8.24.7 Contractor's Insurance Shall Be Primary Contractor's insurance policies, with respect to any claims related to this Contract, shall be primary with respect to all other sources of coverage available to contractor. Any County maintained insurance or self-insurance coverage shall be in excess of and not contribute to any contractor coverage. Implementation Homelessness Plan - CPG Y2 Page 28 AO -19-6 8.24.8 Waivers of Subrogation To the fullest extent permitted by law, the contractor hereby waives its rights and its insurer(s)' rights of recovery against County under all the Required Insurance for any loss arising from or relating to this Contract. The contractor shall require its insurers to execute any waiver of subrogation endorsements which may be necessary to effect such waiver. 8.24.9 Subcontractor Insurance Coverage Requirements Contractor shall include all subcontractors as insureds under contractor's own policies, or shall provide County with each subcontractors separate evidence of insurance coverage. Contractor shall be responsible for verifying each subcontractor complies with the Required Insurance provisions herein, and shall require that each subcontractor name the County and contractor as additional insureds on the subcontractor's General Liability policy. Contractor shall obtain County's prior review and approval of any subcontractor request for modification of the Required Insurance. 8.24.10 Deductibles and Self -Insured Retentions (SIRs) Contractor's policies shall not obligate the County to pay any portion of any contractor deductible or SIR. The County retains the right to require contractor to reduce or eliminate policy deductibles and SIRs as respects the County, or to provide a bond guaranteeing contractor's payment of all deductibles and SIRs, including all related claims investigation, administration and defense expenses. Such bond shall be executed by a corporate surety licensed to transact business in the State of California. 8.24.11 Claims Made Coverage If any part of the Required Insurance is written on a claims made basis, any policy retroactive date shall precede the effective date of this Contract. Contractor understands and agrees it shall maintain such coverage for a period of not less than three (3) years following Contract expiration, termination or cancellation. Implementation Homelessness Plan - CPG Y2 Page 29 AO -19-6 8.24.12 Application of Excess Liability Coverage Contractors may use a combination of primary and excess insurance policies which provide coverage as broad as the underlying primary policies, to satisfy the Required Insurance provisions. 8.24.13 Separation of Insureds All liability policies shall provide cross -liability coverage as would be afforded by the standard ISO (Insurance Services Office, Inc.) separation of insureds provision with no insured versus insured exclusions or limitations. 8.24.14 Alternative Risk Financing Programs The County reserves the right to review, and then approve, Contractor use of self-insurance, risk retention groups, risk purchasing groups, pooling arrangements and captive insurance to satisfy the Required Insurance provisions. The County and its Agents shall be designated as an Additional Covered Party under any approved program. 8.24.15 County Review and Approval of Insurance Requirements The County reserves the right to review and adjust the Required Insurance provisions, conditioned upon County's determination of changes in risk exposures. 8.25 Insurance Coverage 8.25.1 Commercial General Liability insurance (providing scope of coverage equivalent to ISO policy form CG 00 01), naming County and its Agents as an additional insured, with limits of not less than: General Aggregate: $2 million Products/Completed Operations Aggregate: $1 million Personal and Advertising Injury: $1 million Each Occurrence: $1 million 8.25.2 Automobile Liability insurance (providing scope of coverage equivalent to ISO policy form CA 00 01) with limits of not less than $1 million for bodily injury and property damage, in combined or equivalent split limits, for Implementation Homelessness Plan - CPG Y2 Page 30 AO -19-6 each single accident. Insurance shall cover liability arising out of contractor's use of autos pursuant to this Contract, including owned, leased, hired, and/or non -owned autos, as each may be applicable. 8.25.3 Workers Compensation and Employers' Liability insurance or qualified self-insurance satisfying statutory requirements, which includes Employers' Liability coverage with limits of not less than $1 million per accident. If contractor will provide leased employees, or, is an employee leasing or temporary staffing firm or a professional employer organization (PEO), coverage also shall include an Alternate Employer Endorsement providing _cope of. coverage equivalent to ISO policy form WC 00 03 01 A) naming the County as the Alternate Employer, and the endorsement form shall be modified to provide that County will receive not less than thirty (30) days advance written notice of cancellation of this coverage provision. If applicable to contractor's operations, coverage also shall be arranged to satisfy the requirements of any federal workers or workmen's compensation law or any federal occupational disease law. 8.25.4 Unique Insurance Coverage 8.25.4.1 Sexual Misconduct Liability Insurance covering actual or alleged claims for sexual misconduct and/or molestation with limits of not less than $2 million per claim and $2 million aggregate, and claims for negligent employment, investigation, supervision, training or retention of, or failure to report to proper authorities, a person(s) who committed any act of abuse, molestation, harassment, mistreatment or maltreatment of a sexual nature. 8.25.4.2 Professional Liability -Errors and Omissions Insurance covering contractor's liability arising from or related to this Contract, with limits of not less than $1 million per claim and $2 million aggregate. Further, contractor understands and agrees it shall maintain such coverage for a period of not less than three (3) years Implementation Homelessness Plan - CPG Y2 Page 31 AO -19-6 following this Agreement's expiration, termination or cancellation. 8.26 Liquidated Damages 8.26.1 If, in the judgment of the Chief Executive Officer, or his/her designee, the contractor is deemed to be non-compliant with the terms and obligations assumed hereby, the Chief Executive Officer, or his/her designee, at his/her option, in addition to, or in lieu of, other remedies provided herein, may withhold the entire monthly payment or deduct pro rata from the contractor's invoice for work not performed. A description of the work not performed and the amount to be withheld or deducted from payments to the contractor from the County, will be forwarded to the contractor by the Chief Executive Officer, or his/her designee, in a written notice describing the reasons for said action. 8.26.2 If the Chief Executive Officer, or his/her designee, determines that there are deficiencies in the performance of this Contract that the Chief Executive Officer, or his/her designee, deems are correctable by the contractor over a certain time span, the Chief Executive Officer, or his/her designee, will provide a written notice to the contractor to correct the deficiency within specified time frames. Should the contractor fail to correct deficiencies within said time frame, the Chief Executive Officer, or his/her designee, may: (a) Deduct from the contractor's payment, pro rata, those applicable portions of the Monthly Contract Sum; and/or (b) Deduct liquidated damages. The parties agree that it will be impracticable or extremely difficult to fix the extent of actual damages resulting from the failure of the contractor to correct a deficiency within the specified time frame. The parties hereby agree that under the current circumstances a reasonable estimate of such damages is one hundred dollars ($100) per day per infraction, and that the contractor shall be liable to the County for liquidated damages in said amount. Said amount shall be deducted from the County's payment to the contractor; and/or (c) Upon giving five (5) days notice to the contractor for failure to correct the deficiencies, the County may correct any and all deficiencies and the total costs incurred by the County for completion of the work by an alternate source, whether it be County forces or separate private contractor, will be deducted and forfeited from the payment to the contractor from the County, as determined by the County. Implementation Homelessness Plan - CPG Y2 Page 32 AO -19-6 8.26.3 The action noted in Paragraph 8.26.2 shall not be construed as a penalty, but as adjustment of payment to the contractor to recover the County cost due to the failure of the contractor to complete or comply with the provisions of this Contract. 8.26.4 This Paragraph shall not, in any manner, restrict or limit the County's right to damages for any breach of this Contract provided by law or as specified in the PRS or Paragraph 8.26.2, and shall not, in any manner, restrict or limit the County's right to terminate this Contract as agreed to herein. 8.27 Most Favored Public Entity 8.27.1 If the contractor's prices decline, or should the contractor at any time during the term of this Contract provide the same goods or services under similar quantity and delivery conditions to the State of California or any county, municipality, or district of the State at prices below those set forth in this Contract, then such lower prices shall be immediately extended to the County. 8.28 Nondiscrimination and Affirmative Action 8.28.1 The contractor certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies are and shall be treated equally without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti -discrimination laws and regulations. 8.28.2 The contractor shall certify to, and comply with, the provisions of Exhibit C (Contractor's EEC) Certification). 8.28.3 The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti -discrimination laws and regulations. Such action shall include, but is not limited to: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Implementation Homelessness Plan - CPG Y2 Page 33 AO -19-6 8.28.4 The contractor certifies and agrees that it will deal with its subcontractors, bidders, or vendors without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation. 8.28.5 The contractor certifies and agrees that it, its affiliates, subsidiaries, or holding companies shall comply with all applicable Federal and State laws and regulations to the end that no person shall, on the grounds of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Contract or under any project, program, or activity supported by this Contract. 8.28.6 The contractor shall allow County representatives access to the contractor's employment records during regular business hours to verify compliance with the provisions of this Paragraph 8.28 (Nondiscrimination and Affirmative Action) when so requested by the County. 8.28.7 If the County finds that any provisions of this Paragraph 8.28 (Nondiscrimination and Affirmative Action) have been violated, such violation shall constitute a material breach of this Contract upon which the County may terminate or suspend this Contract. While the County reserves the right to determine independently that the anti -discrimination provisions of this Contract have been violated, in addition, a determination by the California Fair Employment and Housing Commission or the Federal Equal Employment Opportunity Commission that the contractor has violated Federal or State anti -discrimination laws or regulations shall constitute a finding by the County that the contractor has violated the anti -discrimination provisions of this Contract. 8.28.8 The parties agree that in the event the contractor violates any of the anti -discrimination provisions of this Contract, the County shall, at its sole option, be entitled to the sum of five hundred dollars ($500) for each such violation pursuant to California Civil Code Section 1671 as liquidated damages in lieu of terminating or suspending this Contract. Implementation Homelessness Plan - CPG Y2 Page 34 AO -19-6 8.29 Non Exclusivity 8.29.1 Nothing herein is intended nor shall be construed as creating any exclusive arrangement with the contractor. This Contract shall not restrict County from acquiring similar, equal or like goods and/or services from other entities or sources. 8.30 Notice of Delays 8.30.1 Except as otherwise provided under this Contract, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Contract, that party shall, within one (1) business day, give notice thereof, "including all relevant information with respect thereto, to the other party. 8.31 Notice of Disputes 8.31.1 The contractor shall bring to the attention of the County's Project Manager and/or County's Project Director any dispute between the County and the contractor regarding the performance of services as stated in this Contract. If the County's Project Manager or County's Project Director is not able to resolve the dispute, the Chief Executive Officer, or designee shall resolve it. 8.32 Notice to Employees Regarding the Federal Earned Income Credit 8.32.1 The contractor shall notify its employees, and shall require each subcontractor to notify its employees, that they may be eligible for the Federal Earned Income Credit under the federal income tax laws. Such notice shall be provided in accordance with the requirements set forth in Internal Revenue Service Notice No. 1015. 8.33 Notice to Employees Regarding the Safely Surrendered Baby Law 8.33.1 The contractor shall notify and provide to its employees, and shall require each subcontractor to notify and provide to its employees, information regarding the Safely Surrendered Baby Law, its implementation in Los Angeles County, and where and how to safely surrender a baby. The information is set forth in Exhibit H, Safely Surrendered Baby Law of this Contract. Additional information is available at www.babysafela.org. Implementation Homelessness Plan - CPG Y2 Page 35 AO -19-6 8.34 Notices 8.34.1 All notices or demands required or permitted to be given or made under this Contract shall be in writing and shall be hand delivered with signed receipt or mailed by first-class registered or certified mail, postage prepaid, addressed to the parties as identified in Exhibits D (County's Administration) and E (Contractor's Administration). Addresses may be changed by either party giving ten (10) days prior written notice thereof to the other party. The Chief Executive Officer or his/her designee shall have the authority to issue all notices or demands required or permitted by the County under this Contract. 8.35 Prohibition Against Inducement or Persuasion 8.35.1 Notwithstanding the above, the contractor and the County agree that, during the term of this Contract and for a period of one year thereafter, neither party shall in any way intentionally induce or persuade any employee of one party to become an employee or agent of the other party. No bar exists against any hiring action initiated through a public announcement. 8.36 Public Records Act 8.36.1 Any documents submitted by the contractor; all information obtained in connection with the County's right to audit and inspect the contractor's documents, books, and accounting records pursuant to Paragraph 8.38 (Record Retention and Inspection -Audit Settlement) of this Contract; as well as those documents which were required to be submitted in response to the Request for Proposals (RFP) used in the solicitation process for this Contract, if applicable, become the exclusive property of the County. All such documents become a matter of public record and shall be regarded as public records. Exceptions will be those elements in the California Government Code Section 6250 et seq. (Public Records Act) and which are marked "trade secret', "confidential", or "proprietary". The County shall not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so marked, if disclosure is required by law, or by an order issued by a court of competent jurisdiction. 8.36.2 In the event the County is required to defend an action on a Public Records Act request for any of the aforementioned documents, information, books, records, and/or contents of Implementation Homelessness Plan - CPG Y2 Page 36 AO -19-6 a proposal marked "trade secret", "confidential", or "proprietary", the contractor agrees to defend and indemnify the County from all costs and expenses, including reasonable attorney's fees, in action or liability arising under the Public Records Act. 8.37 Publicity 8.37.1 The contractor shall not disclose any details in connection with this Contract to any person or entity except as may be otherwise provided hereunder or required by law. However, in recognizing the contractor's need to identify its services and related clients to sustain itself, the County shall not inhibit the contractor from publishing its role 'under this Contract within the following conditions: 8.37.1.1 The contractor shall develop all publicity material in a professional manner, and 8.37.1.2 During the term of this Contract, the contractor shall not, and shall not authorize another to, publish or disseminate any commercial advertisements, press releases, feature articles, or other materials using the name of the County without the prior written consent of the County's Project Director. The County shall not unreasonably withhold written consent. 8.37.2 The contractor may, without the prior written consent of County, indicate in its proposals and sales materials that it has been awarded this Contract with the County of Los Angeles, provided that the requirements of this Paragraph 8.37 (Publicity) shall apply. 8.38 Record Retention and Inspection -Audit Settlement 8.38.1 The contractor shall maintain accurate and complete financial records of its activities and operations relating to this Contract in accordance with generally accepted accounting principles. The contractor shall also maintain accurate and complete employment and other records relating to its performance of this Contract. The contractor agrees that the County, or its authorized representatives, shall have access to and the right to examine, audit, excerpt, copy, or transcribe any pertinent transaction, activity, or record relating to this Contract. All such material, including, but not limited to, all financial records, bank statements, cancelled checks or other proof of payment, Implementation Homelessness Plan - CPG Y2 Page 37 AO -19-6 timecards, sign-in/sign-out sheets and other time and employment records, and proprietary data and information, shall be kept and maintained by the contractor and shall be made available to the County during the term of this Contract and for a period of five (5) years thereafter unless the County's written permission is given to dispose of any such material prior to such time. All such material shall be maintained by the contractor at a location in Los Angeles County, provided that if any such material is located outside Los Angeles County, then, at the County's option, the contractor shall pay the County for travel, per diem, and other costs incurred by the County to examine, audit, excerpt, copy, or transcribe such material at such other location. 8.38.2 In the event that an audit of the contractor is conducted specifically regarding this Contract by any Federal or State auditor, or by any auditor or accountant employed by the contractor or otherwise, then the contractor shall file a copy of such audit report with the County's Auditor -Controller within thirty (30) days of the contractor's receipt thereof, unless otherwise provided by applicable Federal or State law or under this Contract. Subject to applicable law, the County shall make a reasonable effort to maintain the confidentiality of such audit report(s) 8.38.3 Failure on the part of the contractor to comply with any of the provisions of this subparagraph 8.38 shall constitute a material breach of this Contract upon which the County may terminate or suspend this Contract. 8.38.3 If, at any time during the term of this Contract or within five (5) years after the expiration or termination of this Contract, representatives of the County conduct an audit of the contractor regarding the work performed under this Contract, and if such audit finds that the County's dollar liability for any such work is less than payments made by the County to the contractor, then the difference shall be either: a) repaid by the contractor to the County by cash payment upon demand or b) at the sole option of the County's Auditor -Controller, deducted from any amounts due to the contractor from the County, whether under this Contract or otherwise. If such audit finds that the County's dollar liability for such work is more than the payments made by the County to the contractor, then the difference shall be paid to the contractor by the County by cash payment, provided that in no event shall the County's Implementation Homelessness Plan - CPG Y2 Page 38 AO -19-6 maximum obligation for this Contract exceed the funds appropriated by the County for the purpose of this Contract. 8.39 Recycled Bond Paper 8.39.1 Consistent with the Board of Supervisors' policy to reduce the amount of solid waste deposited at the County landfills, the contractor agrees to use recycled -content paper to the maximum extent possible on this Contract. 8.40 Subcontracting 8.40.1 The requirements of this Contract may not be subcontracted by the contractor without the advance approval of the County. Any attempt by the contractor to subcontract without the prior consent of the County may be deemed a material breach of this Contract. 8.40.2 If the contractor desires to subcontract, the contractor shall provide the following information promptly at the County's request: 8.40.2.1 A description of the work to be performed by the subcontractor; 8.40.2.2 A draft copy of the proposed subcontract; and 8.40.2.3 Other pertinent information and/or certifications requested by the County. 8.40.3 The contractor shall indemnify, defend, and hold the County harmless with respect to the activities of each and every subcontractor in the same manner and to the same degree as if such subcontractor(s) were the contractor employees. Any entity hired by Contractor shall indemnify, defend and hold harmless the County, its Special Districts, elected and appointed officers, employees, agents and volunteers ("County Indemnitees") from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or relating to this Contract, except for such loss or damage arising from the sole negligence or willful misconduct of the County Indemnitees. 8.40.4 The contractor shall remain fully responsible for all performances required of it under this Contract, including those that the contractor has determined to subcontract, notwithstanding the County's approval of the contractor's Implementation Homelessness Plan - CPG Y2 Page 39 AO -19-6 proposed subcontract. 8.40.5 The County's consent to subcontract shall not waive the County's right to prior and continuing approval of any and all personnel, including subcontractor employees, providing services under this Contract. The contractor is responsible to notify its subcontractors of this County right. 8.40.6 The County's Project Director is authorized to act for and on behalf of the County with respect to approval of any subcontract and subcontractor employees. After approval of the subcontract by the County, contractor shall forward a fully executed subcontract to the County for their files. 8.40.7 The contractor shall be solely liable and responsible for all payments or other compensation to all subcontractors and their officers, employees, agents, and successors in interest arising through services performed hereunder, notwithstanding the County's consent to subcontract. 8.40.8 The contractor shall obtain certificates of insurance, which establish that the subcontractor maintains all the programs of insurance required by the County from each approved subcontractor. Before any subcontractor employee may perform any work hereunder, contractor shall ensure delivery of all such documents to: County of Los Angeles Homeless Initiative Unit - INSURANCE Chief Executive Office Hall of Administration 500 W. Temple Street, Rm 493 Los Angeles, CA 90012 hiadmin(aD-ceo.lacounty.gov 8.41 Termination for Breach of Warranty to Maintain Compliance with County's Child Support Compliance Program 8.41.1 Failure of the contractor to maintain compliance with the requirements set forth in Paragraph 8.14 (Contractor's Warranty of Adherence to County's Child Support Compliance Program) shall constitute default under this Contract. Without limiting the rights and remedies available to the County under any other provision of this Contract, failure of the contractor to cure such default within ninety (90) calendar days of written notice shall be grounds upon which the County may terminate this Contract pursuant to Paragraph 8.43 (Termination for Default) and pursue Implementation Homelessness Plan - CPG Y2 Page 40 AO -19-6 debarment of the contractor, pursuant to County Code Chapter 2.202. 8.42 Termination for Convenience 8.42.1 This Contract may be terminated, in whole or in part, from time to time, when such action is deemed by the County, in its sole discretion, to be in its best interest. Termination of work hereunder shall be effected by notice of termination to the contractor specifying the extent to which performance of work is terminated and the date upon which such termination becomes effective. The date upon which such termination becomes effective shall be no less than ten (10) days after the notice is sent.. 8.42.2 After receipt of a notice of termination and except as otherwise directed by the County, the contractor shall: 8.42.2.1 Stop work under this Contract on the date and to the extent specified in such notice, and 8.42.2.2 Complete performance of such part of the work as shall not have been terminated by such notice. 8.42.3 All material including books, records, documents, or other evidence bearing on the costs and expenses of the contractor under this Contract shall be maintained by the contractor in accordance with Paragraph 8.38 (Record Retention and Inspection Audit Settlement). 8.43 Termination for Default 8.43.1 The County may, by written notice to the contractor, terminate the whole or any part of this Contract, if, in the judgment of County's Project Director: 8.43.1.1 Contractor has materially breached this Contract; or 8.43.1.2 Contractor fails to timely provide and/or satisfactorily perform any task, deliverable, service, or other work required either under this Contract; or 8.43.1.3 Contractor fails to demonstrate a high probability of timely fulfillment of performance requirements under this Contract, or of any obligations of this Implementation Homelessness Plan - CPG Y2 Page 41 AO -19-6 Contract and in either case, fails to demonstrate convincing progress toward a cure within five (5) working days (or such longer period as the County may authorize in writing) after receipt of written notice from the County specifying such failure. 8.43.2 In the event that the County terminates this Contract in whole or in part as provided in Paragraph 8.43.1, the County may procure, upon such terms and in such manner as the County may deem appropriate, goods and services similar to those so terminated. The contractor shall be liable to the County for any and all excess costs incurred by the County, as determined by the County, for such similar goods and services. The contractor shall continue the performance of this Contract to the extent not terminated under the provisions of this paragraph. 8.43.3 Except with respect to defaults of any subcontractor, the contractor shall not be liable for any such excess costs of the type identified in Paragraph 8.43.2 if its failure to perform this Contract arises out of causes beyond the control and without the fault or negligence of the contractor. Such causes may include, but are not limited to: acts of God or of the public enemy, acts of the County in either its sovereign or contractual capacity, acts of Federal or State governments in their sovereign capacities, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case, the failure to perform must be beyond the control and without the fault or negligence of the contractor. If the failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the control of both the contractor and subcontractor, and without the fault or negligence of either of them, the contractor shall not be liable for any such excess costs for failure to perform, unless the goods or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the contractor to meet the required performance schedule. As used in this paragraph, the term "subcontractor(s)" means subcontractor(s) at any tier. 8.43.4 If, after the County has given notice of termination under the provisions of Paragraph 8.43 (Termination for Default) it is determined by the County that the contractor was not in default under the provisions of Paragraph 8.43 (Termination for Default) or that the default was excusable under the Implementation Homelessness Plan - CPG Y2 Page 42 AO -19-6 provisions of subparagraph 8.43.3, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Paragraph 8.42 (Termination for Convenience). 8.43.5 The rights and remedies of the County provided in this Paragraph 8.43 (Termination for Default) shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. 8.44 Termination for Improper Consideration 8.44.1 The County may, by written notice to the contractor, immediately terminate the right of the contractor to proceed under this Contract if it is found that consideration, in any form, was offered or .given by the contractor, either directly or through an intermediary, to any County officer, employee, or agent with the intent of securing this Contract or securing favorable treatment with respect to the award, amendment, or extension of this Contract or the making of any determinations with respect to the contractor's performance pursuant to this Contract. In the event of such termination, the County shall be entitled to pursue the same remedies against the contractor as it could pursue in the event of default by the contractor. 8.44.2 The contractor shall immediately report any attempt by a County officer or employee to solicit such improper consideration. The report shall be made either to the County manager charged with the supervision of the employee or to the County Auditor -Controller's Employee Fraud Hotline at (800) 544-6861. 8.44.3 Among other items, such improper consideration may take the form of cash, discounts, services, the provision of travel or entertainment, or tangible gifts. 8.45 Termination for Insolvency 8.45.1 The County may terminate this Contract forthwith in the event of the occurrence of any of the following: 8.45.1.1 Insolvency of the contractor. The contractor shall be deemed to be insolvent if it has ceased to pay its debts for at least sixty (60) days in the ordinary course of business or cannot pay its debts as they become due, whether or not a petition has been filed under the Federal Bankruptcy Code Implementation Homelessness Plan - CPG Y2 Page 43 AO -19-6 and whether or not the contractor is insolvent within the meaning of the Federal Bankruptcy Code; 8.45.1.2 The filing of a voluntary or involuntary petition regarding the contractor under the Federal Bankruptcy Code; 8.45.1.3 The appointment of a Receiver or Trustee for the contractor; or 8.45.1.4 The execution by the contractor of general assignment for the benefit of creditors. 8.45.2 The rights and remedies of the County provide in this Paragraph 8.45 (Termination for Insolvency) sha I not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. 8.46 Termination for Non -Adherence of County Lobbyist Ordinance 8.46.1 The contractor, and each County Lobbyist or County Lobbying firm as defined in County Code Section 2.160.010 retained by the contractor, shall fully comply with the County's Lobbyist Ordinance, County Code Chapter 2.160. Failure on the part of the contractor or any County Lobbyist or County Lobbying firm retained by the contractor to fully comply with the County's Lobbyist Ordinance shall constitute a material breach of this Contract, upon which the County may in its sole discretion, immediately terminate or suspend this Contract. 8.47 Termination for Non -Appropriation of Funds 8.47.1 Notwithstanding any other provision of this Cont act, the County shall not be obligated for the cor tractor's performance hereunder or by any provision of this 3ontract during any of the County's future fiscal years unless and until the County's Board of Supervisors appropriat s funds for this Contract in the County's Budget for ea , -h such future fiscal year. In the event that funds are not appropriated for this Contract, then this Contract shall terminate as of June 30 of the last fiscal year for which funds were appropriated. The County shall notify the contractor in writing of any such non -allocation of funds at the earliest possible date. Implementation Homelessness Plan - CPG Y2 AO -19-6 Page 44 8.48 Validity 8.48.1 If any provision of this Contract or the application thereof to any person or circumstance is held invalid, the remainder of this Contract and the application of such provision to other persons or circumstances shall not be affected thereby. 8.49 Waiver 8.49.1 No waiver by the County of any breach of any provision of this Contract shall constitute a waiver of any other breach or of such provision. Failure of the County to enforce at any time, or from time to time, any provision of this Contract shall not be construed as a waiver thereof. The rights and remedies set forth in this paragraph 8.49 shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. 8.50 Warranty Against Contingent Fees 8.50.1 The contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon any Contract or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the contractor for the purpose of securing business. 8.50.2 For breach of this warranty, the County shall have the right to terminate this Contract and, at its sole discretion, deduct from the Contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8.51 Warranty of Compliance with County's Defaulted Property Tax Reduction Program 8.51.1 Contractor acknowledges that County has established a goal of ensuring that all individuals and businesses that benefit financially from County through contract are current in paying their property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon County and its taxpayers. Unless contractor qualifies for an exemption or exclusion, contractor warrants and certifies that to the best of its knowledge it is now in compliance, and during the term of Implementation Homelessness Plan - CPG Y2 Page 45 AO -19-6 this contract will maintain compliance, with Los Angeles County Code Chapter 2.206. 8.52 Termination for Breach of Warranty to Maintain Compliance with County's Defaulted Property Tax Reduction Program 8.52.1 Failure of contractor to maintain compliance with the requirements set forth in Paragraph 8.51 "Warranty of Compliance with County's Defaulted Property Tax Reduction Program" shall constitute default under this contract. Without limiting the rights and remedies available to County under any other provision of this contract, failure of contractor to cure such default within ten (10) days of notice shall be grounds upon which County may terminate this contract and/or pursue debarment of contractor, pursuant to County Code Chapter 2.206. 8.53 Time Off for Voting 8.53.1 The contractor shall notify its employees, and shall require each subcontractor to notify and provide to its employees, information regarding the time off for voting law (Elections Code Section 14000). Not less than ten (10) days before every statewide election, every contractor and subcontractors shall keep posted conspicuously at the place of work, if practicable, or elsewhere where it can be seen as employees come or go to their place of work, a notice setting forth the provisions of Section 14000. 8.54 Compliance with County's Zero Tolerance Policy on Human Trafficking Contractor acknowledges that the County has established a Zero Tolerance Policy on Human Trafficking prohibiting contractors from engaging in human trafficking. If a Contractor or member of Contractor's staff is convicted of a human trafficking offense, the County shall require that the Contractor or member of Contractor's staff be removed immediately from performing services under the Contract. County will not be under any obligation to disclose confidential information regarding the offenses other than those required by law. Disqualification of any member of Contractor's staff pursuant to this paragraph shall not relieve Contractor of its obligation to complete all work in accordance with the terms and conditions of this Contract. Implementation Homelessness Plan - CPG Y2 Page 46 AO -19-6 8.55 Compliance with Fair Chance Employment Practices Contractor shall comply with fair chance employment hiring practices set forth in California Government Code Section 12952, Employment Discrimination: Conviction History. Contractor's violation of this paragraph of the Contract may constitute a material breach of the Contract. In the event of such material breach, County may, in its sole discretion, terminate the Contract. 8.56 Compliance with the County Policy of Equity The contractor acknowledges that the County takes its commitment to preserving the dignity and professionalism of the workplace very seriously, as set forth in the County Policy of Equity (CPOE) (https:Hceop.lacounty.gov/). The contractor further acknowledges that the County strives to provide a workplace free from discrimination, harassment, retaliation and inappropriate conduct based on a protected characteristic, and which may violate the CPOE. The contractor, its employees and subcontractors acknowledge and certify receipt and understanding of the CPOE. Failure of the contractor, its employees or its subcontractors to uphold the --County's expectations of a- workplace free from harassment and discrimination, including inappropriate conduct based on a protected characteristic, may subject the contractor to termination of contractual agreements as well as civil liability. 9 UNIQUE TERMS AND CONDITIONS 9.1 Contractor Protection of Electronic County Information 9.1.1 Data Encryption Contractor and subcontractors that electronically transmit or store personal information (PI), protected health information (PHI) and/or medical information (MI) shall comply with the encryption standards set forth below. PI is defined in California Health Insurance Portability and Accountability Act of 1996 (HIPPA), and implementing regulations, MI is defined in California Civil Code Section 56.050). a. Stored Data Contractors' and subcontractors' workstations and portable devices that are used to access, store, receive and/or transmit County PI, PHI or MI (e.g., mobile, wearables, tablets, thumb drives, external hard drives) require encryption (i.e. software and/or hardware) in accordance with: a) Federal Information Implementation Homelessness Plan - CPG Y2 Page 47 AO -19-6 Processing Standard Publication (FIPS) 140-2; b) National Institute of Standards and Technology (NIST) Special Publication 800-57 Recommendation for Key Management — Part 1: General (Revision 3); c) NIST Special Publication 800-57 Recommendation for Key Management — Part 2: Best Practices for Key Management Organization; and d) NIST Special Publication 800-111 Guide to Storage Encryption Technologies for End User Devices. Advanced Encryption Standard (AES) with cipher strength of 256 -bit is minimally required. b. Transmitted Data All transmitted (e.g. network) County PI, PHI and/or MI require encryption in accordance with: a) NIST Special Publication 800-52 Guidelines for the Selection and Use of Transport Layer Security Implementations; and b) NIST Special Publication 800-57 Recommendation for Key Management — Part 3: Application -Specific Key Management Guidance. Secure Sockets Layer (SSL) is minimally required with minimum cipher strength of 128 -bit. C. Certification The County must receive within ten (10) business days of its request, a certification from the Contractor (for itself and any Subcontractors) that certifies and validates compliance with the encryption standards set for the above. In additional, Contractor shall maintain a copy of any validation/attestation report that its data encryption product(s) generate and such reports shall be subject to audit in accordance with the Contract. Failure on the part of the Contractor to comply with any of the provisions of this Subparagraph 9.3.1(Data Encryption) shall constitute a material breach of this Contract upon which the County may terminate or suspend this Contract. 9.2 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) 9.2.1 Contractor expressly acknowledges and agrees that the provision of services under this Agreement does not require or permit access by Contractor or any of its officers, employees, or agents, to any patient medical records/patient information. Accordingly, Contractor shall instruct its officers, Implementation Homelessness Plan - CPG Y2 Page 48 AO -19-6 employees, and agents that they are not to pursue, or gain access to, patient medical records/patient information for any reason whatsoever. 9.2.2 Notwithstanding the forgoing, the parties acknowledge that in the course of the provision of services hereunder, Contractor or its officers, employees, and agents, may have inadvertent access to patient medical records/patient information. Contractor understands and agrees that neither it nor its officers, employees, or agents, are to take advantage of such access for any purpose whatsoever. 9.2.3 Additionally, in the event of such inadvertent access, Contractor and its officers, employees, and agents, shall -maintain° Abp. -cQnfidentiali�. -of; any information obtained and shall notify Director that such access has been gained immediately, or upon the first reasonable opportunity to do so. In the event of any access, whether inadvertent or intentional, Contractor shall indemnify, defend, and hold harmless County, its officers, employees, and agents, from and against any and all liability, including but not limited to, actions, claims, costs, demands, expenses, and fees (including attorney and expert witness fees) arising from or connected with Contractor's or its officers', employees', or agents', access to patient medical records/patient information. Contractor agrees to provide appropriate training to its employees regarding their obligations as described hereinabove. Implementation Homelessness Plan - CPG Y2 Page 49 AO -19-6 IN WITNESS WHEREOF, County has caused this Contract to be executed by its Chief Executive Officer. Contractor has caused this Contract to be executed by its duly authorized representative. COUNTY OF LOS ANGELES By SACHI A..HAMAI Date CHIEF EXECUTIVE OFFICER APPROVED AS TO FORM: MARY C. WICKHAM County Counsel Z KATHERINE M. BOWSER Principal Deputy County Counsel By City of Baldwin Park Contractor Signed:_ Printed: Manuel Lozano Title: Mayor Tax Identification Number: 95-6005574 Implementation Homelessness Plan - CPG Y2 Page 50 AO -19-6 EXHIBIT A City of Baldwin Park City Homelessness Plan Implementation Grant Section (.Overview On August 17, 2015, in response to the growing crisis of homelessness, the Los Angeles County Board of Supervisors launched the Homeless Initiative (HI) to prevent and combat homelessness which continues to pervade our communities. An unprecedented collaborative planning process resulted in a comprehensive plan consisting of 47 strategies, with four more strategies subsequently added. Recognizing the need to sustain the HI strategies, the Board of Supervisors approved the Measure H ordinance that identifies 21 of the 51 HI strategies as eligible for funding through Measure H. On March 7, 2017, the voters approved Measure H. Since the inception of the HI in 2015, collaboration and engagement with the 88 cities in the County has been a major priority for the County. Cities play a critical role in ensuring that the impact of these strategies is maximized. Cities have jurisdiction over housing and land use for about 90% of the countywide population, and thus play a vital role in developing affordable housing and interim housing. In 2017, the Board of Supervisors approved funding to cities to develop their own homelessness plans. In 2018, participating cities submitted their homelessness plans. In September 2018, the Board of Supervisors approved $9 million in Measure H funding for the HI and United Way Home for Good Funders Collaborative to issue a Request for Proposals (RFP) for the cities to implement their homelessness plans, either as individual cities or multi jurisdictional partners. Based on the 2018 Point -in -Time Homeless Count (PIT Count) conducted by the Los Angeles Homeless Services Authority (LAHSA), the City of Baldwin Park has a homeless count of 289 individuals and family members. The City of Baldwin Park's long-term vision is to create a system change and set in place efficiencies through policies and programs that will align with the County's. The City's five-year homeless plan sets the course for the city to further address the needs of its homeless residents and those who are at risk of homelessness, as well as to participate in regional solutions. Specifically, the work that will be done as part of the multi jurisdictional proposal with the cities of EI Monte and South EI Monte will support city efforts to coordinate and increase the capacity of existing programs and services, increase and better coordinate outreach and engagement activities, educate and build community support for homelessness best practices, and pursue resources that align with the goals set forth in the City's Homeless Plan, including increasing the number of shelter beds and affordable housing units within the city. Since the completion of its homeless plan in 2018, the City of Baldwin Park has been working to combat homelessness and has developed a plan to: 1) increase the supply EXHIBIT A of supportive and interim housing for people experiencing homelessness in their city; and 2) enhance the availability and access to homeless services in the city to prevent and combat homelessness (through multi -jurisdictional proposal). Baldwin Park, through its Department of Parks and Recreation and Community Services will achieve its vision in partnership with the San Gabriel Valley (SGV) Council of Governments (CoG), and the HI, with whom planning work is already underway. The proposed project is a result of discussion between city leadership and stakeholders, and supports the city's goals and objectives as described below: • Coordinate Local Efforts to Respond to Homelessness • Help Prevent Individuals and Families from Becoming Homeless • Connect Case Management and Services to the Coordinated Entry System • Expand Access to Workforce Development Programs to Increase Employment • Explore Opportunities to Increase the Number of Units of Affordable/Supportive Housing • Create Shelter Options in the City • Create New Affordable/Supportive Housing Section II. Objectives and Program Description Please check all that apply: ® Priority Area 1 - Increase the supply of supportive and interim housing for people experiencing homelessness ❑ Priority Area 2 - Enhance the effectiveness of County service systems for those experiencing and/or at -risk of homelessness. Priority Area 1: The City of Baldwin Park will secure technical assistance and consulting services to support a land assessment and feasibility study, and will include the following objectives: • Develop and implement land acquisition strategies that will result in an increase in supportive housing supply • Implement land use/zoning changes to reduce barriers to interim and permanent housing • Achieve city compliance with CA Senate Bill 2 • Implement city policy changes that result in changes to increase the housing supply The City, with the combination of City staff and consulting/technical services will build upon efforts included as part of multi jurisdictional proposal with the Cities of EI Monte and South EI Monte and expand the scope of work to include a much more substantive 2 EXHIBIT A research and analysis, which will include community engagement, development of educational materials, and outreach, to address the following opportunities: ADU Ordinance: Baldwin Park updated its Accessory Dwelling Unit (ADU) ordinance last year to align with State law but left it open to consider additional amendments related to reducing permit fees and providing other incentives, such as a subsidy to property owners who commit to renting to homeless individuals/households or voucher holder. Grant funding will be used to assess the feasibility of enhancing or making additional changes to the City's ADU ordinance to expand housing resources in the City. 2. Hotel/Motel Conversion: _ The City will -assess whether any -local hotels/motels could be converted to housing for people experiencing homelessness. 3. Vacant or Underutilized Public and Private Land: The City will identify vacant or underutilized public land that could be used for affordable/supportive housing. This includes City, County, and Caltrans property. 4. Scattered Site Housing: The City will investigate the Scattered Site Housing; a housing- development approach that can meet the needs of seniors and families with low -to -moderate incomes. Affordable housing developments can be used as a community revitalization tool, especially when units are built on scattered sites throughout the community. 5. Inclusionary Zoning/In-Lieu Fees: The City will develop and implement guidance on best practices for maximizing affordable units on sites, including recommendations about opportunities associated inclusionary housing, in lieu fees, up -zoning, and reduced parking requirements. The above referenced Priority Area 1 projects support the goals of the City of Baldwin Park and addresses the following HI strategies • Strategy F6, Using Public Land for Homeless Housing • Strategy F7, Preserve current affordable housing and promote the development of affordable housing for homeless families and individuals • Strategy F4, Development of Second Dwelling Unit Pilot Program • Strategy E8, Enhance the Emergency Shelter System. 3 EXHIBIT A Section III. Tasks Task I: Develoo the necessary aareements to imalement the oroaram. uI:� 5�W6, ` Tar. et Outcomes A . ,ctw�t>wes . �� d, Due Date City of Baldwin Park will enter into a Executed Subcontractor 60 days after subcontract with a consultant to do Agreement contract execution. implement Priority 1 , agtivitie identified above; submit draft copy of Report= `-on.- the number-; and subcontractor agreement for, County available docurmerptatib qp tie locations of-existingADU's approval. number and locationis ofe{xlsi�g�DUst„ Task II: ADU Ordinance Review by Consultant Develop project plan and timeline for Project plan and timeline for Q1 ADU Ordinance Review land and policy assessment. Review the existingx o dr lanJ nd Report= `-on.- the number-; and Q2 available docurmerptatib qp tie locations of-existingADU's number and locationis ofe{xlsi�g�DUst„ ®_,a to understand the patentlal#oc . va l the supply of I housihg�-� � � ��z people experiencinghomeies' �T; Conduct a review of ordinances that Provide report on review of Q4 were established to incentivize ordinance and policies with City housing to address homelessness in staff and stakeholders, other jurisdictions. including recommendations for ordinance changes Meet with th"e Planningp re Provide report on outcomes of and Housing` Authority fo ° r"scuss' discussion with staff and Q1: r` potential changes. to . the' ADU stakeholders. ordinance W .,.; Develop ADU and/or Zoning Final adopted ordinance (s) Q5 Ordinance revisions Conduct co munity-`tll tin K ith°� n Go'ntluct three �` corrin unity Q2 property owners td'expla�n ®_Us' as {' meetings m` both-' Eh -and affordable and homeless°1"4 rrig" a Spanish. options, in culturally corripetent'ter'ms° � K ° Make,;with presentation to Council EXHIBIT A Task III: Explore Hotel/Motel Conversion Develop a list of hotels/motels located Provide a report and Q2 within the City. presentation on findings for City Staff Task IV: Identify Vacant or Underutilized Public and Private Land to be used for Task V: Provide Assessment on feasibility of Scattered Site H Research Scattered Site Housing to Deliver report to City staff, Q2 determine if this is a feasible housing including recommendations and development approach for the City. feasibility study relative to Scattered Site Housing opportunities. 5 EXHIBIT A Task VI: Inclusionary Zoninq/ln-Lieu Fees Research best practices for Deliver report to City staff Q3 maximizing siting of affordable including recommendations- housing, ecommendationshousing, including recommendations about opportunities associated inclusionary, Housing about opportunities associated with _inclusionary housing, in -lieu fees, up= ff�3 ,�fh, zoning, and reduced parking t requirements. �'` �� ' a . v Section IV. Staffing Provide description of staff roles that directly support the successful implementation of the funded program(s). Staff may include City personnel and/or City's sub -contractors) Program Name: Baldwin Park Homelessness Implementation Plan Baldwin Community Development Project Administrator Park Director Baldwin City Planner Research and analysis, reports, liaison with Park community, staff support Baldwin Associate Planner Research and analysis, staff support Park Baldwin Economic Development Research and analysis, staff support Park Director Baldwin Recreation and Community Liaison with community, and non-profit Park Services Director agencies, and County, Baldwin Housing Manager Liaison with community for landlord Park engagement, scatter site housing models, and CIP. Baldwin Housing Specialist Research and analysis, staff support Park 0 EXHIBIT A Section V. Deliverables Reports and supporting documents. Reporting Period Zubrnitn Report - Dates to depend on the date of contract execution Contract Execution date - November December 31, 2019 30, 2019 December 1, 2019— February 28, March 31, 2020 2020 March 1, 2020 - May 31, 2020 June 30, 2020 June 1, 2020 — August 31, 2020 September 30, 2020 September 1, 2020 — November 30, December 31, 2020 2020 December 1, 2020 — February, 2021 February 28, 2021 111. Submit Final Report Prior to contract expiration Quarterly Reports and Invoices shall be submitted to County Chief Executive Office - Homeless Initiative at the following email address: HomelesslnitiativeCities()-lacounty.aov 7 EXHIBIT B PRICING SCHEDULE Total contract sum is $300,000 to be paid by County of Los Angeles. The County will pay up to 1/4 of the total contract sum amount upon execution of the subcontract(s) necessary to perform contract services. The remaining contract sum shall be paid out over the term of the agreement. Staff Title Number of Hourly Total Cost Hours to be Rate Not To worked over the Exceed life of the contract Community Development Director 391 76.56 $ 30,000 City Planner 257 48.32 $ 12,450 Associate Planner 245 36.70 $ 9,000 Management Analyst 103 36.25 $ 3,750 Recreation and Community Services Director 85 88.42 $ 7,600 Housing Manager 267 53.76 $ 14,400 Housinq Specialist 567 22.91 $ 13.000 Sub-Contract/Consultant Costs: Total Costs Not to Exceed Consultant/Vendor $ 75,000 Hotel/Motel Conversion $ 20,000 ADU Ordinance Stud $ 20,000 GIS Mapping for Land Use $ 40,800 Inclusionary Zoning $ 20,000 Scattered Site Housing $ 30.000 Marketin .M:aterials, -,-- - U41, ' 000>> Supplies Food/Snacks $ 500' 209,800 TOTAL CONTRACT SUM 1 $ 300,000 D EXHIBIT C CONTRACTOR'S EEO CERTIFICATION City of Baldwin Park Contractor Name 14403 E. Pacific Avenue, Baldwin Park, CA 91706 Address 95-6005574 Internal Revenue Service Employer Identification Number GENERAL CERTIFICATION In accordance with Section 4.32.010 of the Code of the County of Los Angeles, the contractor, supplier, or vendor certifies and agrees that all persons employed by such firm, its affiliates, subsidiaries, or holding companies are and will be treated equally by the firm without regard to or because of race, religion, ancestry, national origin, or sex and in compliance with all anti- discrimination laws of the United States of America and the State of California. CONTRACTOR'S SPECIFIC CERTIFICATIONS 1. The Contractor has a written policy statement prohibiting discrimination in all phases of employment. 2. The Contractor periodically conducts a self analysis or utilization analysis of its work force. 3. The Contractor has a system for determining if its employment practices are discriminatory against protected groups. 4. Where problem areas are identified in employment practices, the Contractor has a system for taking reasonable corrective action, to include establishment of goals or timetables. Manuel Lozano, Mayor Authorized Official's Printed Name and Title Authorized Official's Signature Date Yes in No ❑ Yes 0 No ❑ Yes 13 No ❑ Yes 13 No ❑ EXHIBIT D COUNTY'S ADMINISTRATION CONTRACT NO. COUNTY PROJECT DIRECTOR: Name: Jerry Ramirez Title: Manager, CEO Address: 500 West Temple Street, Room 493 LA, CA 90012 Telephone: Facsimile: E -Mail Address: COUNTY PROJECT MANAGER: Name: Ashlee Oh Title: Principle Analyst Address: 500 West Temple Street, Room 493 Los_Angeles, CA 90012 Telephone: Facsimile: E -Mail Address: aoh(a)-ceo.lacounty.gov COUNTY CONTRACT PROJECT MONITOR: i•FTiiT--3 Title: Address: Telephone: E -Mail Address: Facsimile: EXHIBIT E CONTRACTOR'S ADMINISTRATION CONTRACTOR'S NAME City of Baldwin Park CONTRACT NO: CONTRACTOR'S PROJECT MANAGER: Name- Manuel Carrillo Jr. Title: Director of Recreation and Community Services Address: 4100 Baldwin Park Boulevard, Baldwin Park, CA 91706 Telephone: (626) 813-5245 Ext. 314 Facsimile: E -Mail Address: mcarrillo@baldwinpark.com CONTRACTOR'S AUTHORIZED OFFICIAL(S) Name: Title: Address: Manuel Lozano Mayor 14403 E. Pacific Avenue, Baldwin Park, CA 91706 Telephone: (626)813-5201 Facsimile: E -Mail Address: mlozanoO-baldwinpark.com Notices to Contractor shall be sent to the following: Name: Title: Address: Telephone: _ Facsimile: E -Mail Address: EXHIBIT F CONTRACTOR ACKNOWLEDGEMENT AND CONFIDENTIALITY AGREEMENT (Note: This certification is to be executed and returned to County with Contractor's executed Contract. Work cannot begin on the Contract until County receives this executed document.) CONTRACTOR NAME: City of Baldwin Park Contract No. GENERAL INFORMATION: The Contractor referenced above has entered into a contract with the County of Los Angeles to provide certain services to the County. The County requires the Corporation to sign this Contractor Acknowledgement and Confidentiality Agreement. CONTRACTOR ACKNOWLEDGEMENT: Contractor understands and agrees that the Contractor employees, consultants, Outsourced Vendors and independent contractors (Contractor's Staff) that will provide services in the above referenced agreement are Contractor's sole responsibility. Contractor understands and agrees that Contractor's Staff must rely exclusively upon Contractor for payment of salary and any and all other benefits payable by virtue of Contractor's Staffs performance of work under the above -referenced contract. Contractor understands and agrees that Contractor's Staff are not employees of the County of Los Angeles for any purpose whatsoever and that Contractor's Staff do not have and will not acquire any rights or benefits of any kind from the County of Los Angeles by virtue of my performance of work under the above - referenced contract. Contractor understands and agrees that Contractor's Staff will not acquire any rights or benefits from the County of Los Angeles pursuant to any agreement between any person or entity and the County of Los Angeles. CONFIDENTIALITY AGREEMENT: Contractor and Contractor's Staff may be involved with work pertaining to services provided by the County of Los Angeles and, if so, Contractor and Contractor's Staff may have access to confidential data and information pertaining to persons and/or entities receiving services from the County. In addition, Contractor and Contractor's Staff may also have access to proprietary information supplied by other vendors doing business with the County of Los Angeles. The County has a legal obligation to protect all such confidential data and information in its possession, especially data and information concerning health, criminal, and welfare recipient records. Contractor and Contractor's Staff understand that if they are involved in County work, the County must ensure that Contractor and Contractor's Staff, will protect the confidentiality of such data and information. Consequently, Contractor must sign this Confidentiality Agreement as a condition of work to be provided by Contractor's Staff for the County. Contractor and Contractor's Staff hereby agrees that they will not divulge to any unauthorized person any data or information obtained while performing work pursuant to the above -referenced contract between Contractor and the County of Los Angeles. Contractor and Contractor's Staff agree to forward all requests for the release of any data or information received to County's Project Manager. Contractor and Contractor's Staff agree to keep confidential all health, criminal, and welfare recipient records and all data and information pertaining to persons and/or entities receiving services from the County, design concepts, algorithms, programs, formats, documentation, Contractor proprietary information and all other original materials produced, created, or provided to Contractor and Contractor's Staff under the above - referenced --contract. Contractor and Contractor's Staff agree to protect these confidential materials against disclosure to other than Contractor or County employees who have a need to know the information. Contractor and Contractor's Staff agree that if proprietary information supplied by other County vendors is EXHIBIT F CONTRACTOR ACKNOWLEDGEMENT AND CONFIDENTIALITY AGREEMENT provided to me during this employment, Contractor and Contractor's Staff shall keep such information confidential. Contractor and Contractor's Staff agree to report any and all violations of this agreement by Contractor and Contractor's Staff and/or by any other person of whom Contractor and Contractor's Staff become aware. Contractor and Contractor's Staff acknowledge that violation of this agreement may subject Contractor and Contractor's Staff to civil and/or criminal action and that the County of Los Angeles may seek all possible legal redress. COPYRIGHT ASSIGNMENT AGREEMENT I agree that all materials, documents, software programs and documentation, written designs, plans, diagrams, reports, software development tools and aids, diagnostic aids, computer processable media, source codes, object codes, conversion aids, training documentation and aids, and other information and/or tools of all types, developed or acquired by me in whole or in part pursuant to the above referenced contract, and all works based thereon, incorporated therein, or derived therefrom shall be the sole property of the County. In this connection, I hereby assign and transfer to the County in perpetuity for all purposes all my right, title, and interest in and to all such items, including, but not limited to, all unrestricted and exclusive copyrights, patent rights, trade secret rights, and all renewals and extensions thereof. Whenever requested by the County, I agree to promptly execute and deliver to County all papers, instruments, and other documents requested by the County, and to promptly perform all other acts requested by the County to cant' out the terms of this agreement, including, but not limited to, executing an assignment and transfer of copyright in a form substantially similar to Exhibit M 1, attached hereto andincorporatedherein by reference. --- The County shall have the right to register all copyrights in the name of the County of Los Angeles and shall have the right to assign, license, or otherwise transfer any and all of the County's right, title, and interest, including, but not limited to, copyrights, in and to the items described above. I acknowledge that violation of this agreement may subject me to civil and/or criminal action and that the County of Los Angeles may seek all possible legal redress. SIGNATURE: PRINTED NAME: Manuel Lozano POSITION: Mayor DATE: Title 2 ADMINISTRATION Chapter 2.203.010 through 2.203.090 CONTRACTOR EMPLOYEE JURY SERVICE 2.203.010 Findings. EXHIBIT G The board of supervisors makes the following findings. The county of Los Angeles allows its permanent, full- time employees unlimited jury service at their regular pay. Unfortunately, many businesses do not offer or are reducing or even eliminating compensation to employees who serve on juries. This creates a potential financial hardship for employees who do not receive their pay when called to jury service, and those employees often seek to be excused from having to serve. Although changes in the court rules make it more difficult to excuse a potential juror on grounds of financial hardship, potential jurors continue to be excused on this basis, especially from longer trials. This reduces the number of potential jurors and increases the burden on those employers, such as the county of Los Angeles, who pay their permanent, full-time employees while on juror duty. For these reasons, the county of Los Angeles has determined that it is appropriate to require that the businesses with which the county contracts possess reasonable jury service policies. (Ord. 2002-0015 § 1 (part), 2002) 2.203.020 Definitions. The following definitions shall be applicable to this chapter: A. "Contractor" means a person, partnership, corporation or other entity which has a contract with the county or a subcontract with a county contractor and has received or will receive an aggregate sum of $50,000 or more in any 12 -month period under one or more such contracts or subcontracts. B. "Employee" means any California resident who is a full-time employee of a contractor under the laws of California. C. "Contract" means any agreement to provide goods to, or perform services for or on behalf of, the county but does not include: 1. A contract where the board finds that special circumstances exist that justify a waiver of the requirements of this chapter; or 2. A contract where federal or state law or a condition of a federal or state program mandates the use of a particular contractor; or 3. A purchase made through a state or federal contract; or 4. A monopoly purchase that is exclusive and proprietary to a specific manufacturer, distributor, or reseller, and must match and inter -member with existing supplies, equipment or systems maintained by the county pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, Section P-3700 or a successor provision; or 5. A revolving fund (petty cash) purchase pursuant to the Los Angeles County Fiscal Manual, Section 4.4.0 or a successor provision; or 6. A purchase card purchase pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, Section P-2810 or a successor provision; or 7. A non -agreement purchase with a value of less than $5,000 pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, Section A-0300 or a successor provision; or EXHIBIT G Title 2 ADMINISTRATION Chapter 2.203.010 through 2.203.090 CONTRACTOR EMPLOYEE JURY SERVICE 8. A bona fide emergency purchase pursuant to the Los Angeles County Purchasing Policy and Procedures Manual, Section PP -1100 or a successor provision. D. "Full time" means 40 hours or more worked per week, or a lesser number of hours if: 1. The lesser number is a recognized industry standard as determined by the chief administrative officer, or 2. The contractor has a long-standing practice that defines the lesser number of hours as full time. E. "County" means the county of Los Angeles or any public entities for which the board of supervisors is the governing body. (Ord. 2002-0040 § 1, 2002: Ord. 2002-0015 § 1 (part), _2002) 2.203.030 Applicability. This chapter shall apply to contractors who enter into contracts that commence after July 11, 2002. This chapter shall also apply to contractors with existing contracts which are extended into option years that commence after July 11, 2002. Contracts that commence after May 28, 2002, but before July 11, 2002, shall be subject to the provisions of this chapter only if the solicitations for such contracts stated that the chapter would be applicable. (Ord. 2002-0040 § 2, 2002: Ord. 2002-0015 § 1 (part), 2002) 2.203.040 Contractor Jury Service Policy. A contractor shall have and adhere to a written policy that provides that its employees shall receive from the contractor, on an annual basis, no less than five days of regular pay for actual jury service. The policy may provide that employees deposit any fees received for such jury service with the contractor or that the contractor deduct from the employees' regular pay the fees received for jury service. (Ord. 2002-0015 § 1 (part), 2002) 2.203.050 Other Provisions. A. Administration. The chief administrative officer shall be responsible for the administration of this chapter. The chief administrative officer may, with the advice of county counsel, issue interpretations of the provisions of this chapter and shall issue written instructions on the implementation and ongoing administration of this chapter. Such instructions may provide for the delegation of functions to other county departments. B. Compliance Certification. At the time of seeking a contract, a contractor shall certify to the county that it has and adheres to a policy consistent with this chapter or will have and adhere to such a policy prior to award of the contract. (Ord. 2002-0015 § 1 (part), 2002) 2.203.060 Enforcement and Remedies. For a contractor's violation of any provision of this chapter, the county department head responsible for administering the contract may do one or more of the following: 1. Recommend to the board of supervisors the termination of the contract; and/or, 2. Pursuant to chapter 2.202, seek the debarment of the contractor. (Ord. 2002-0015 § 1 (part), 2002) Title 2 ADMINISTRATION Chapter 2.203.010 through 2.203.090 CONTRACTOR EMPLOYEE JURY SERVICE 2.203.070. Exceptions. EXHIBIT G A. Other Laws. This chapter shall not be interpreted or applied to any contractor or to any employee in a manner inconsistent with the laws of the United States or California. B. Collective Bargaining Agreements. This chapter shall be superseded by a collective bargaining agreement that expressly so provides. C. Small Business. This chapter shall not be applied to any contractor that meets all of the following: 1. Has ten or fewer employees during the contract period; and, 2. Has annual gross revenues in the preceding twelve months which, if added to the annual amount of the contract awarded, are less than $500,000; and, 3. Is not an affiliate or subsidiary of a business dominant in its field of operation. "Dominant in its field of operation" means having more than ten employees and annual gross revenues in the preceding twelve months which, if added to the annual amount of the contract awarded, exceed $500,000. "Affiliate or subsidiary of a business dominant in its field of operation" means a business which is at least 20 percent owned by a business dominant in its field of operation, or by partners, officers, directors, majority stockholders, or their equivalent, of a business dominant in that field of operation. (Ord. 2002-0015 § 1 (part), 2002) 2.203.090. Severability. If any provision of this chapter is found invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. (Ord. 2002-0015 § 1 (part), 2002) EXHIBIT H SAFELY SURRENDERED BABY LAW EXHIBIT H How does it work? A distressed parent who is unable or unwilling to carr for a baby can legally; confidentially, and safely surrender a baby within three da)m (772 hours) of birth. The baby matt be handed to an employee at a hospital or fire station in Los Angles County. As long as the baby shows no sign of abuse or neglect, no name or other information is required. In case the parent changes his or her mind at a later date and wants the baby hack, staff will use bracelets to help connect them to each other. One bracelet IM11 be 0 don the btby, And a matching bracckt will be given to the parent or other surrendering adult. What it a parent wants the baby back? parents who change their minds can begin the process of reclaiming their baby within 14 days. Neese parents should call the los Angeles County Department of Children and Family Services at 1-800-540-4000. Can only a parent bring in the baby? No. While in most cases a parent will bring in the baby, the law allows other people to bring in the baby if they havv. lawful custody. Does the parent or surrendering adult have to call before bringing in the baby? No. A parent or surrendering adult can bring in a baby anytime, 24 hours a day. % days a week, u long as the parent or surrendering adult surrenders the baby m somconc who works at the hospital or fire station. roved to adopt him by the Dcparttnctu of Chadren and Family Services. EXHIBIT H Does the parent or surrendering adult have to tell anything to the people taking the baby? No. However, hospital or fire station personnel will ask the surrendering party TO fill Out a gttestionnairr designed to gather important medical history information, which is very useful in caring for the baby. 11c gucstionnaite includes a stamped. alum envctope and can be sent in at a later time What happens to the baby? The baby wilt be examined and Own mcd;.1 treatment. [loon relcise fmm' the hospital, social wooers immediately place the baby in a safe and loving home and begin the adoption process. What happens to the parent or surrendering adult? Once the parent or s mrnderh% adult surrenders the baby m hospital or fire station pctsnnnd, they may leave ar any times Why is California doing this? The purpose of the Safety Surrendered. Baby.Law is to protect babies.frain bang abandoned, hurt or killed by their parrnm You may have heard tragic stories of babies left in dumpsters or public bathrooms. 'Meir parents may have been under severe emotional distress. The mothers may have hidden their pregnancies, fearful of what would happen if their families fotutd our. Because they were afraid and had no one or nowhere to tum for help, they abandoned their babies. Abandoning a baby is illegal and places the baby in extreme danger, Too often, it results in the baby°s death. The Safely Surrendered Baby Law prevents this tragedy from ever happening again in California. EXHIBIT H a'que ya habiasit apmbada para ii jComo funciona? El padrelmadr oon di{ictdradcs que rwi pucda o rki quicra cuidar do su rccidn nando puede cnm-gado on forma legal, confiden ial y scgura tkntm de Gss Errs dial {72 hoes} del nadmienm, Ulxhct dot o Ser entorpAi a un ctnpkado dreualquicr hospital o cuartcl do bombcros del Condxlo de La, Angdes. Siemprcque, dlxlx ru> prcQeptc sigsos do abuso o ncgiigcncia, no sent neceaario suminiscrar notubms tri informuion algrum Si cl, padre:madrc iambic do opinion postcna mcnte.p dcsea rccuperar a su bcbd; los trabajadores uti�iaartin txixalows pm p filer vincula'rkn. lJ l£e ittyar:ttn brrmktr-y 1of padrelmadte o el adulto que Io:enrrogue' rKa "rl un br=ktc tgta jQue para sl el padrelmadre desea recuperar a su bell&?" l,m padres gac cambicn do opini6n pueden camenzar of pro ---so de re&mv a su rocidn nacido dentro do los 14 dias, Enos, padres olclxr4n tlamu at Departaurcntu do Srr� iciw 4 bra Niifios y kmilim (Utpartment of C:hildma and Na)fly Scnii o%; -dei C.ort"Lado de lass A motes at 1.800-$40-4000. ISolo los padres podrAn 11evar al recta rladdb? No. Si bicn on la mayorta do los, casot son los parires los quo tl,^ an at 4", la toypermits que otras para6mu to hagan si rimn rrrtwdir 14az LLos padres o el adutto qw entrega of beb8 deben ilamar antes de Qevar al beba? Nn. El padrdmadre al adulro puede 11mr al bcW on cualquier momento, las 24 Iroras, dal dia, ku 7 dial do 6 uniana, sicmpte y euanda entreguen a su bebda un cuiplcado dol hospital a cuartcl do botnbcros, EXHIBIT H jEs necesario que el padre/. Madree o adulto dilfa algo a tas personas que red n al beb6? No, Sin cmbargo, of personal del hospital o crtartcl dclwnitxrus k Escdir5 a la pera�na' gaccmegue 0 W que lletw.gn ctac5tian,*riO-con la ftnalidad dt rcaaba aotc"mms mddims iropottatuts, quo resultan de gran util'rdsd:para cuWrhicn del bcbt. El cntsdonario ittdasyc un sobrc mn of scllo postal pagado pua atvatto en.. Otto momenm. Ott# pasark con el Wb6? El brbt acrd sytiint"o `q kWhsh 4ii. atenci6nmAdita Gttaatilo':kdtnat:a&ade1= hospital, ku tr�sjati�rr�tia�g inmcdiatarumte uwi4r$it Fl bel>d to un to ya[ argtun dorxk evwmi bkn atendida ,:y so comauar3'el proccw dc: JQue ppaard cop el:pai refrnadre o adgito que en qa ;O _ N O Una vcx,:gue IQ& padrea aadulto"isgyan enargado at bcblt a! ptrantial dei tupit .mutcl de ibon* putdei'icse. rn cuslqukrmomcitto. sin Petigro es protcger.t los bebts: para que no scan abandonados, lastimadoso' mucrtos pot sus padtas. Clara! trigicas sobre bebts a basumm o to bahor p4btcm Uv Fadrts do rags txbds'probablcuzw ±itayan catadn puando par dificulmdtatmociona -A graces, Lau ntadres purtiep habor ocult:do su cmhramm, Eicu trmar a_lo que paariasi sus hmilias £c cntctatan Abatrdo taron a ws Lriits purguc ttnian riiirdo y no:tenlait radio a quicn pcdit ayrtdn. E1 abamtuno dr un rccito naw, -Wo cis i* y noneal 6" cn una situaci& dt polisrotamario..::ra4luy a mcnudo of 4mclonoprokvm la mutrtc dol bcbE. La [,ep dt'1~atttega drh3diEs cin k4m irnpido qutvuei a,e "cc esta, tragcdia on California. � J�'i tib ua t quo 1A road !o as que pertttltc ssra vueln dtntro der sobrL'ton ` lable y a tdrmino. G bclri fpc ks-para NifiosyFanAias. - Exhibit I COMPLIANCE WITH FAIR CHANCE EMPLOYMENT HIRING PRACTICES CERTIFICATION Company Name: City of Baldwin Park Company Address: 14403 E. Pacific Avenue, Baldwin Park, CA 91076 City: Baldwin Park State: CA Zip Code: 91706 Telephone Number: (626) 813-5201 Email address: mlozano@baldwinpark.com Solicitation/Contract for Homeless Plan Implementation Services PROPOSER/CONTRACTOR CERTIFICATION The Los Angeles County Board of Supervisors approved a Fair Chance Employment Policy in an effort to remove job barriers for individuals with criminal records. The policy requires businesses that contract with the County to comply with fair chance employment hiring practices set forth in California Government Code Section 12952, Employment Discrimination: Conviction History (California Government Code Section 12952), effective January 1, 2018. Proposer/Contractor acknowledges and certifies compliance with fair chance employment hiring practices set forth in California Government Code Section 12952 and agrees that proposer/contractor and staff performing work under the Contract will be in compliance. Proposer/Contractor further acknowledges that noncompliance with fair chance employment practices set forth in California Government Code Section 12952 may result in rejection of any proposal, or termination of any resultant Contract, at the sole judgment of the County. I declare under penalty of perjury under the laws of the State of California that the information herein is true and correct and that I am authorized to represent this company. Print Name: Title: Mayor Manuel Lozano Signature: Date: 11 ITEM NO. q Manuel Carrillo Jr., Director of Recreation & Community Servi January 15, 2020 Approval to Enter Into an MOU Agreement between Baldwin Park and California Mental Health Connection SUMMARY The purpose of this report is to seek a two (2) year Memorandum of Understanding agreement between California Mental Health Connection and the City of Baldwin Park's Teri G. Muse Family Service Center. FISCAL IMPACT There is no fiscal impact to the City. RECOMMENDATION Staff recommends that the City Council: 1). Authorize the Director of Recreation and Community Service to execute the Memorandum of Understanding between California Mental Health Connection and the City of Baldwin Park's Teri G. Muse Family Service Center for the use of facility. BACKGROUND The City of Baldwin Park's Teri G. Muse Family Service Center is a central facility for non-profit agencies to offer valuable social, health, and human services to residents of Baldwin Park. On site services include job placement, homeless prevention, after school reading program, parenting classes, health programs for individuals and families and college preparation services for youth. In 2014, California Mental Health Connection began providing a variety of seasonal programs and services to Baldwin Park residents at a free or reduced rate. Due to the demand of mental health service needs in the community the City of Baldwin Park is interested in expanding the collaboration with California Mental Health to provide ongoing services (year-round) to increase the access to mental health services to the community. California Mental Health Connection is a non-profit support group that helps individuals and families to those who suffer from Mental illness with complex trauma, and /or co-occurring disorders to alleviate emotional pain. These services are vital to the residents or the community. Within this agreement California' Mental Health Connection agrees to provide the following programs/services: Victims Assistance Program -The Victims Assistance Program is a partnership with the State of California to assist individuals who have been the victim of a crime, witnessed a crime, and/or the immediate or surviving family member of the party associated with the crime. This program offers assistance with trauma that follows after experiencing a crime. Many crime victims may not realize they are entitled to financial assistance to aid them during their recovery process. Our therapists will assist you with your distress and help you apply for financial assistance through the State of California. *Please call to schedule an individualized assessment to see what type of specialist will be the best for your case needs. Youth Art Program —The Youth Art Program is designed for the intervention of at -risk youth who present the first signs of problems at school, undergo cyber bullying, harassment, depression, or negative influence. The Open group meets for fifty-two (52) sessions. Domestic Violence Groups —The Domestic Violence Groups is a safe, non -threatening place for the domestic victims to come share their pain, their frustrations, and their abuse experience to heal from toxic relations and become violence free. Court Mandated Programs- • Anger Management - Provides an individualized experience with the option of 16 or 32 sessions as well as accommodate in a group setting of at least 8 other peers to work on anger management issues. Professional staff will provide you with the necessary court report requirements. o Domestic Violence —Offers (2) two groups for the fifty-two (52) court -mandated sessions for perpetrators, which allows the individual two (2) hours a week sessions. We also provide a women's group which takes place year-round, every Tuesday to work on co- dependent issues and destructive relationships. We provide you with the necessary Court/DCFS reports requirements, as well as support in coping with the aftermath of surviving violence. o Substance abuse -Substance abuse counselors and 12 -step substance abuse counseling for alcohol and drugs will provide you with the necessary court report requirements. o Parenting -The parenting conflict resolution class is in English/Spanish for stronger bonding and conflict resolution. The class is a 16 sixteen sessions class. Immigration Reports (U -VISA) —Service for victim of a crime, California Mental Health Connection can assist you with your U -Visa process by working with your immigration attorney or clinic on your assessment reports, letters of support and other legal requirements that mental health professionals can provide you with. Victims of various types of crimes are able to submit an application to be granted temporary legal status, as well as the eligibility to legally work in the U.S. for up to four (4) years. This application may also include immediate family members to include husbands, wives, step-parents and children 18 years old and younger. • Schools Prevention & Early Intervention Counseling -Therapists are available at school locations throughout the regular school session to provide prevention of sexual abuse, domestic violence and substance abuse. Therapist and case managers will work with school resources to support the academic success and the decrease of academic problems due to sexual abuse, domestic violence and substance abuse. • Complex Trauma Training - Every year during spring, California Mental Health Connection provides therapists who are interested, in specializing in complex trauma and U visas with specialized professors from mental health and the legal system to work together in this one day event. ALTERNATIVES There alternative would to not sign the agreement. LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. ATTACHMENTS 1). Attachment #1, Memorandum of Understanding between California Mental Health Connection and the City of Baldwin Park's Teri G. Muse Family Service Center. Memorandum of Undertstanding This Memorandum of Understaning (this "M.O.U.) is the an agreement between California Mental Health Connection and The City of Baldwin Park's Teri G. Muse Family Service Center, a California, Baldwin Park ("California Health Connection and the City of Baldwin Park, a municipal corporation ("City"). The purpuse of this M.O.U. is to establish and maintian an effective working relationship between the parties and to develop the means of whicy City and California Mental Health Connection will coordinate to provide needed culturally competent services to individuals and their families within the community. City agrees to be committed to provide the following services and /or resources: -Provide office space for counseling services at City, as reasonably determined by City's Chief Executive Officer, or his/her designee -City staff will maintain strict confidentiality of all client informaiton according to professional, Federal, Sate and local government standards. California Mental Health Connection agrees to provide the following services and/or resources: -Provide low cost or no cost counseling services to qualfied members of the community. The number of qualified clients to be seen will be at the discretion of the California Mental Health Connection Board of Directors. -In collaboration with our Psychiatric Social Worker, California Mental Health Connection will provide group supervision to the mental health interns on a weekly basis. - Provide clinical consultation for counseling services. -Students will carry their own malpractice/liability insurance through their university. This M.O.0 will commence January 15, 2020 with options to renew. California Mental Health Connection and City can automatically renew this M.O.0 on a year-to-year basis, by and amendment signed on behalf of both parties or either party may terminate this M.O.0 with a 30 -day written notice to the other party. The responsibilities are confirmed and authorized byt the following signatures. Manuel Lozano, Mayor Eliza Jimenez, Director California Mental Health Con Oil )O• Zo Date Date STAFF REPORT ITEM NO. V TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works U-1 DATE: January 15, 2020 01 4e( SUBJECT: Adopt Resolution No. 2020-001, "A Resolution of the City Council of the City of Baldwin Park, California, Authorizing Participation in the San Gabriel Valley Council of Governments' (SGVCOG) Bike Share Regional Pilot Program and Approving the Installation of Bike Share Stations at Various Locations Citywide". SUMMARY This report is requesting City Council consideration and adoption of Resolution 2020-001, which will authorize the City to participate in a Regional Pilot Program led by the San Gabriel Valley Council of Governments (SGVCOG). The Resolution will also approve the installation of several bike sharing stations at various locations Citywide. RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 2020-001, "A Resolution of the City Council of the City of Baldwin Park, California, Authorizing Participation in the San Gabriel Valley Council of Governments (SGVCOG) Regional Pilot Program for Bike Sharing and Approving the Installation of Bike Share Stations at Various Locations Citywide". FISCAL IMPACT Participation in the Regional Pilot Program will be at no cost to the City. Consequently, there is no fiscal impact as a result of adopting Resolution No. 2020-001. BACKGROUND SGVCOG was awarded funding in 2016 to implement a regional bike share pilot program ("Regional Pilot Program"). The program would deploy a minimum of 840 bicycles and 84 stations in 15 jurisdictions within the San Gabriel Valley. Fifty percent of these bicycles will serve disadvantaged communities including the City of Baldwin Park. On September 18, 2018, the City of Baldwin Park submitted a letter to SGVCOG stating its desire to participate in the Regional Pilot Program in response to a call soliciting letters of participation from San Gabriel Valley cities. Thirteen other cities and unincorporated areas within the County of Los Angeles also submitted letters of participation. In September 2018, SGVCOG initiated a joint request for proposals including all participating cities to procure a sole vendor to implement the pilot program for the fifteen participating jurisdictions in the region. The SGVCOG received proposals from 6 e -bike share companies: Bewegen Tech, Gotcha Media Holdings, LLC, HopR, Jump by Uber, Ride On, and Veoride. A Technical Evaluation Committee (TEC) that included staff from the SGVCOG and the cities of Pasadena, San Dimas, and South Pasadena reviewed the proposals for the following criteria: • Experience, knowledge, and financial stability in operating a bike share system • Understanding of the region's need related to providing bicycle parking and services to disadvantaged communities • Demonstration of innovative business models, technology advances, and tested approaches • Demonstrated success in working collaboratively with municipalities or institutional partners • Bicycle safety and convenience features • Demonstrated success in data access and reporting and security Based on these criteria and other factors such as the submitted proposal, interview performance and product testing, the TEC selected Gotcha Media Holdings, LLC (Gotcha) as the preferred operator. Gotcha's precise location tracking technology allows the company to see whether the bicycles were dropped -off by users at the appropriate stations. DISCUSSION Proposed Resolution No. 2020-001 would authorize the formation and establishment of a shared mobility program for bike sharing on a pilot basis, for a term of one year (pilot term). The program would be operated by Gotcha, the selected operator, which would be allowed to deploy "Class 1" and/or "Class 2" electric powered bicycles within the City at strategic locations as approved by the City Council. No other type of shared mobility device — including e -scooters — would be authorized under this Resolution. Since "shared" mobility programs are still an evolving and largely an experimental mode of social transportation, adopting this resolution would enable the City of Baldwin Park to more accurately gauge the scope and scale in terms of their impact to rights-of-way, business and the general public. Staff is working with SGVCOG on identifying sites for the bike share stations and is finalizing program information, including program pricing and opportunities for those users without a smart phone and/or credit card to utilize the program. Once completed, a Memorandum of Agreement (MOA) with SGVCOG will be drafted and be brought before the City Council for consideration approval. That document will outline the expectations of SGVCOG and City Staff in terms of the implementation of the City's Bike Share Program in relation to SGVCOG's Regional Pilot Program. The MOA will establish minimum operating requirements related to maintenance, education, safety, customer service, data sharing and insurance/ indemnification, as well as, identify a broader list of recommended program components through which the program operator can be evaluated during the one-year pilot term. In addition, the MOA will contain conditions allowing the City to enforce local, regional and state laws to ensure enforcement action such as the removal of bikes and racks should they become a nuisance, obstruction, or hazard to the health and safety of the general public. At the end of the pilot term a final report will be prepared and shared with the City Council. The report will evaluate the program's performance during the pilot term and provide findings and recommendations for the viability of an extended, permanent program. Gotcha will be the sole bike share operator of the pilot program at this time. If the Pilot Program proves to be successful, it may be expanded to allow additional bike share operators and other shared mobility devices (i.e. scooters) or other developing modes of social transportation. This may include revisions to the City's Municipal Code intended to address the future operating requirements and program components and to provide flexibility during the life of the program. ENVIRONMENTAL The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a "project" under Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment. ALTERNATIVES 1. The City Council may choose not to adopt Resolution 2020-001. 2. Provide Staff with alternative direction. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Resolution No. 2020-001 RESOLUTION NO. 2020-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS' (SGVCOG) BIKE SHARE REGIONAL PILOT PROGRAM AND APPROVING THE INSTALLATION OF BIKE SHARE STATIONS AT VARIOUS LOCATIONS CITYWIDE WHEREAS, The City of Baldwin Park is enhancing mobility and access, easing traffic congestion, promoting sustainability through initiation of a Pilot Bike share program committed to the long-range goal of protecting the natural environment, increasing sustainability efforts, and improving overall quality of life; and, WHEREAS, the City shall also balance the benefits of shared mobility alternatives with its obligation to protecting the City as well as protecting the health, safety and welfare of those who may use or may be impacted by the use of these shared mobility alternatives on City streets, roads, sidewalks, facilities and other public rights of way. This includes, but is not limited to, City obligations to manage City risks arising from these alternative mobility alternatives, to ensure compliance with disability regulations, to maintain minimum widths for pedestrian usability in City business and commercial corridors, and to overall preserve a safe, accessible and healthy transportation and pedestrian environment within the City; and, WHEREAS, the City has concluded that there is a need to appropriately assess and manage the safe and efficient operation of the evolving mobility device business within the City; and, WHEREAS, the City seeks to create a Shared Mobility Pilot program that will improve access to mobility options for residents, employees, and visitors to Baldwin Park, create new and diverse mobility options, ensure safety by reducing sidewalk and pathway impediments, facilitate access for disabled individuals, educate users about the proper rules and etiquette, create a legal and enforceable framework for managing shared mobility in the public right-of-way, and build good working partnerships with shared mobility service providers; and, WHEREAS, a pilot shared mobility program would establish minimum operating requirements in the categories of maintenance, education, safety, customer service, data sharing, and insurance/indemnification and also identify a broader list of recommended program components through which the Operator can be evaluated during the pilot term; and, WHEREAS, a pilot shared mobility program would be established to inform the content of future operating requirements and program components, and to provide flexibility during the pilot program duration through Administrative Regulations; and, WHEREAS, the City Council desires to adopt this Resolution to establish a Pilot Bike Share Program allowing a single bike share operator within the City, NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. All of the above statements are true. SECTION 2. The City Council finds that this action is not a project under the California Environmental Quality Act ("CEQA") because there is no development or physical change that would result from the adoption of this Resolution. SECTION 3. The City may at its discretion develop administrative regulations in accordance with the City of Baldwin Park Municipal Code (BPMC) to implement this pilot program, which may include regulations relating to lawful conduct, prohibited conduct, program operator license, operation fees and requirements, impoundment of devices, removal of bike racks, enforcement, public safety, data sharing, data privacy and/or the timely removal of hazards. PASSED, APPROVED, AND ADOPTED this 15th day of January 2020. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2020-001 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on January 15, 2020 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK STAFF REPORT ITEM NO. l TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: January 15, 2020 SUBJECT: Approve Final Parcel Map No. 1430 for Lot Merger of Residential Lots 36 & 37 for a Residential Care Facility on Vineland Avenue SUMMARY This report requests that the City Council authorize the approval of Final Parcel Map No. 1430 pursuant to the State Subdivision Map Act and Section 152.10 and Table 153.050.020 of the City of Baldwin Park's Municipal Code. RECOMMENDATION Staff recommends that the City Council accept the Final Parcel Map No.1430 and authorize the City Clerk and staff to sign the Final Map. FISCAL IMPACT The approval of this Parcel map will have no impact to the City's General Fund. BACKGROUND The subject parcel is located at 3562 & 3576 Vineland Avenue, located between Cloverside Street and Channing Street. On July 27, 2016, the City Council approved Tentative Parcel Map No. 1430 and conditional use permit (CP -825) by Resolution No. 16-01 to allow an adult residential care facility to Table 153.050.020 of the City's Municipal Code. Staff has reviewed the Final Parcel Map and finds that it substantially conforms to the Tentative Parcel Map conditions of approval. ALTERNATIVES A Final Parcel Map that is in substantial compliance with the previously approved tentative map cannot be denied approval (Government Code §66474.1). Further, if the Final Parcel Map is not approved at the first meeting or at the subsequent meeting from when the Final Parcel Map was presented for approval and the map is in conformance with the requirements of the Subdivision Map Act, the map will be deemed approved without any further action by the City Council (Government Code §66458). Since the Final Parcel Map is both in substantial compliance with the previously approved tentative map and it is in conformance with the requirements of the Subdivision Map Act, there is no alternative but to approve. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Los Angeles County Assessor's Map 2. Final Parcel Map No. 1430 3. Resolution 16-01 �} ID O�p �r4p,oyoo N ��B1�M0'0'v �cNj mtipoti i9�n^V�^ mOoh mq ho N n� Q1P O A S 11. J Q (U r (p 001 U NI (n �i 11 aLU N' Q 1,1 N I i LU CD a 4: a' a I 1 W J 1 c I } � 1 F i I z 1 1 1 OU � I ac Q: ai al < < alO CO N M �l n: Ni d �1 10)T —10 0 Al U U (U� UI cm 7 O 7 I° InW: wd NI V a' ai <1 �i M. ai a! Cd J �I n: m: a:! mO 1 i \ y li l i W I zco a. a. cc Q4 ¢1 ¢ 1 z ,o d\ WIWW+W.z�., m d 09 rb �\ 1 cr W w Q d Ir V e \ O � \ m + 1h� orFd o !O O' O�>bO \\ '• � 9S'EZ � 8/ •J/� \ 4,6O � ry 9� O@O gb ON ON cro ON ' PARCEL PARCEL MAP NO.-1430 SHEET ' of ' SCALE: 1"=40' CITY BALDWIN PARK COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. BEING A MERGER OF -LOTS 36 AND 37 OF TRACT NO. 23692 AS PER MAP RECORDED IN BOOK 751 PAGES 15 TO 17 'INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. -SUBDIVIDER'S STATEMENT: SURVEYOR'S STATEMENT•. - WE HEREBY STATE THAT WE ARE REPRESENTATIVES OF THE MERGER SOF THE LAND INCLUDED THIS MAP WAS PREPMED BY ME OR UNDER MY WITHIN THE SV VISION SHOWN ON THIS AMP WITHIN THE DISTINCTIVE .BORDER LINES. AND WE DIRECTION AND IS BASED UPON A FIELD SURVEY CONSENT D' PREPARAnON AND RUNG OF THIS MM AND MERGER. 1N CONFORMANCE WTAC .THE REQUIREMENTS OF THE �- -- �iS�OOW 11—g_IY' RED ESSUBDNITION MAP OF BRUCELT AND LOCAIL ASHOORI ON AUGUST 17.E AT 2016.TH 1 BINGE A91100R1 DATE HEREBY STATE THAT 'THIS PARCEL MM SUBST 1-Y I RECORD OWNER'S NOTE: CONFORMS TO THE MPRO FO OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY; THAT ALL THE RECORD OWNER IS EASTERN KEYSTONE, INC., A CORPORATION & LIMITED LIABILITY CO. (LLC) BY MONUMENTS ME OF THE CHARACTER AND OCCUPY THE DEED THAT RECITES R AS OWNER OF THE PROPERTY. POSNO(NS INDICATED (OR THAT NET WILL BE SET IN THOSE POSITIONS BEFORE 24 MONTHS FROM THE SUNG •NOTARY ACKNOWLEDGEMENT: DATE OF THIS MM; AND THAT THE MONUMENTS ARE• OR p6A` L4Wa .A NOTARY 'PUBLIC OR OTHER OFFICER COMPLETING THIS WILL BE. SUFFICIENT TO ENABLE THE SURVEY TO BE �y'+OaM 14 f�j C ERTI F I'CATE VE RI FIES ONLY THE IDENTITY OFTHE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS ✓G(, 43 yp/9 No. E116 .,CERTIFICATE IS ATTACHED. AND NOT THE TRUTHFULNESS. YOONW DALE: W nP. ,E-Ma, W - AC CU-RACY', OR VALI D I T Y 0 F - T HAT OTIC U M E NT. PIS 8886 STATE Oi CALIFORNIA FOF TAUS COUNTY OF LOS ANGELES BASIS OF BEARINGS _ ONi tlBEFORE ME. wCc�tN 'd• f'A'A � PERSONALLY APPEARED ME BEARING OF N41-54'00'E OF CENTERUNE OF SDCHMAN AVENUE M SHOWN ON TRACT FAN U E ME. -fi[i NO. 23692. M.B. 751/15-17 WAS USED AS THE BASIS OF BEARINGS FOR NIS SURVEY. WHOSE NAMES WHO PROVED TO SUBSCRBEDBTOITHEFWITHIINFNSTRUMENTACTORY OEAND ACKNOWLEDGED TONCE TO BE THE ONS ME CITY ENGINEER'S STATEMENT: THAT THEY EXECUTED THE SAMEIN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR I HEREBY STATE THAT I HAVE EXAMINED THIS MAP OF PARCEL MAP NO. 10.10, / SIGNATURES ON THE INSTRUMENT THE PERSONS. OR THE ENTITY UPON BEHALF OF WHICH CONSISTING OF 1 SHEET. THAT THE LOT MERGER SHOWN HEREON 6 SUBSTANNLLY - THE PERSONS ACTED, EXECUTED THE INSTRUMENT. THERSAME AS IT APPEARED ON THE TENTATIVE MAP, IF RECLINED, AND ANY APPSIBDIVIS10N NL I CERTIFY UNDER PENALTY OF PENURY UNDER THE LAWS OF THE STATE OF CALIFORNIAACT OVET) ALTERATIONS THEREOF; THAT ALL PROVISIONS OF THE MAP AND OF ANY LOCAL ORDINANCES OF THE CITY OF BALOWIN PARK APPLICABLE AT # Fy. 6-76-A10 THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. THE TIME OF APPROVa1 OF THE TENTATIVE MAP. IF REQUIRED, HAVE BEEN COMPLIED (Y WITNESS MY NAND D OFFICW. SEAL. MY PRINCIPAL PIACE OF BUSINESS IS IN WIN. % SIGNATURE: ® 603 ANAL/t3 9 /G lOZ2 O+TE NIC S. SERVIN. CITY ENGINEER MY COMMISSION EXPIRES: R.L.E. I35m I HEREBY CERTIFY THAT ALL CERTIFICATES HAVE BEEN FILED AND DEPOSITS HAVE BEEN ANDE THAT ME CITY REVIEWER'S (SURVEYOR) STATEMENT: REQUIRED UNDER ME PROVISIONS OF SECTIONS 66492 .AND 66493 OF THE. SUBDIVISION MM ACT. I HEREBY STATE THAT I HAVE EXAMINED THIS -MM OF PARCEL MAP NO. 1430. EXECUTIVE OFFICER, BOARD OF SUPERVISORS OF CONSSTING OF I SHEET AND I SATISFIED THAT SAID MAP 5 TECHNICAELY THE COUNTY OF LOS ANGELES:. STATE OF CALIFORNIA 1 CORRECT AND THAT ALL PROVISIONS OF STATE LAN AND SUBDMSION MM A AND + YLOCAL ORDINANCES-MPUCABLE AT ME TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH. ® Ib BY. .DEPUTY .DATE S�9 DATE NICK S. SFRWN. CITY SURVEYOR EI 1 HEREBY CERTIFY THAT SECURITYINTHE AMOUNT OF S _ HAS BEEN FILED WITN R.C.E. 33538 6F t6 THE PATHE YMENT OF TAKES AND SPECI L ASSES MM ORSNTS-COLLECTED ASFTAXES ONE ME LANDLES AS ESHOWNFON CITY CLERK'S- CERTIFICATE: MM OF PARCEL MM NO. 1430 AS REOUNED BY LAW. STATE OF CALIFORNIA EXECUTIVE OFFICER, BOARD OF SUPERNSORS OF THE COUNTY OF LOS ANGELES. STATE OF GU101"IA COUNTY OF LOS ANGELES ))} By DEPUTY DATE - - I HEREBY STATE THAT THIS MM PRESENTED i0N ePPROVAL TO THE CRY COUNCIL OF ME CRY OF BALDWIN PMK AT A REGULAR MEETING THEREOF HELD ON THE -_ DAY OF 2019 AND THAT THEREUPON SAID COUNCIL DID, BY AN ORDER DULY PASSED AND ENTERED, APPROVED SAID MAP. SIGNATURE OMISSION NOTE: ME SIGNATURE(S) OF THE PARTY(IES) NAMES HEREINAFTER AS DATE JEAN M. AYALA. CITY CLERK. / OWNER(S) OF THE INTEREST SET FORTH. MAY BE OMITTED UNDER CITY OF BAlDW1N PARK THE PROVISION OF SECTION 66436,(a)(3)(A)((-V5I) OF ME CITY PLANNER'S STATEMENT- SUBDIVISION MAP ACT, THEIR INTEREST IS SUCH THAT IT CANNOT BE RIPEN INTO A FEE TITLE AND SAID SIGNATURE(S) IS (ARE) NOT I HEREBY STATE MAT I IV. NEPD IS ANO THAT ALL PROVISIONS OF APPLICABLE ZONING REWIRED BY LOCAL AGENCY. ORDINANCES OF THE Cltt O(F/LLLDwM K BEEry COMPLIED WITH. 1 SOUTHERN CALIFORNIA Ed60N AMAIPANY HOLDER OF AN EASEMENT FOR PUBLIC I>! sI UTA.1 PURPOSES RECORDED JULY 1, 1959 N BOOK p-tai. PAGE 321 OF PATE A "`TION GMCN CITY PLANNER OiRLML RECORDS OF ME COUNTY OF LOS MDE'F5. CITY OF BALDWIN PARK FIT TRACT N0. M.B. 751/15-17. I HEREBY STATE THAT ALL SPECIAL ASSESSMENTS LEVIED UNDER ME JURISDICTIM ON OF E CRY OF BALDWIN R2 SWLY UNENE OF SPECIAL ASSESSMENTS CERTIFICATE: OF 8' WIDE EASEMENT OF THE SOUTHERN PMK, TO WHICH ME LAND INCLUDED IN THE WITHIN LOT MERGER OR ANY PART THEREOF 6 SUBIECt. AND CALIFORNIA EDISON COMPANY PER RI. WHICH MAY BE PAID IN FULL. HAVE BEEN PAID IN FULL. (XX.XX') REG. DIST. PER RI. MX, REG. ITEC. DIST, PER PM N0, 714, PMO 3/92. <XX.XX'> >< REC. DIST. PER PM N0. 745. PUB 12/94. •DICATES THE BOUNDARY OF THE VND DATE MARIA A. CONMERAS, CITY TREASURER BEING MERGED BY THIS MAP CITY OF BALDWIN PARK _ ilpf/N,F12��,,�'�A/T .(BA S & T� PMI L/92 4 �A / PER'MN 4 sXwnoiN °� ^ d1Y F& 37133JS PFR P MV N0. J55 9 dST. xxpp92 p, FOD ES PER N41.5a'2aE _ PM 3 62. ACCEPTED... XfLD FOR ONE ONLY._ _ _ _ _ _ _ _ ' Csaez7 H.62' a..ee' (Rs.ao) ew69' (esm76.er a.ae• (as.00•) R wi6;.111 (n.Do F S Rig a9_I-d _ n 9 Ib i IyI u PARCEL I a6,a7e. SF. �b �f� l�4� ray 34 et�E �Lti 877 A �I �L �.�.759/95.47 I `. A?`:' CN4S. `x' 593 t�%e@�Y NO. 22M2 � M.5.759%55-5T ,,.�, 353/f5-A7 m.a. Tiu4,17 In I I I X Q I I I F I Ef I IR r R Jig 1. I I i I IE I I 117.az• (n.ao7 I E [ea.so7 a.s3 1_ e6oz'_ (es.w� _ es.a1• (es.007 es.07 (es.00'> __ 7.01' ['! _ i F$ ALOxG PROP RK �TRq aN jTpx KONG PROP�01H.- 3 APRO ONCA gx. � F S C Y PEA PARCEL IMP N0. 715 DEFT PMC0. WP w0. 1 IR PNB 3/91_ N _ _ _ M6 3/&1BTIC4NACP Se7ao• _� R�,g5�5�6_EA�NYSC)g_ _ 41'5a•00'E 9.ed) 7 6.61 RESOLUTION PC 16-01 A RESOLUTION OF THE PLANING COMMISSION OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY WITHIN THE R-1, SINGLE- FAMILY RESIDENTIAL ZONE PURSUANT TO TABLE 153.050.020 IN THE CITY'S MUNICIPAL CODE AND APPROVAL OF A TENTATIVE PARCEL MAP TO COMBINE TWO LOTS INTO ONE LOT, PURSUANT TO TABLE 152.10 IN THE CITY'S MUNICIPAL CODE (LOCATION: 3562-3572 VINELAND AVENUE; APPLICANT: JOE M. LOPEZ, REPRESENTING EASTERN KEYSTONE, INC.; CASE NUMBER: CP -825 AND PM -1430). THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Baldwin Park does hereby find, determine, and declare as follows: (a) Applications ("Applications") for a conditional use permit and tentative parcel map were submitted on behalf of the owner of certain real properties, located at 3562-3572 Vineland Avenue in the City of Baldwin Park, described more particularly in the Applications on file with the City Planner; and (b) The Applications were sought to approve a conditional use permit to allow a residential care facility within the R-1, Single -Family Residential Zone pursuant to Table 153.050.020 in the City's Municipal Code and a tentative parcel map to combine two lots into one lot pursuant to Table 152.10 in the City's Municipal Code; and (c) A duly noticed public hearing was held on said Applications by the Planning Commission, and based upon evidence presented including applicable staff reports and each member of the Commission being familiar with the property, it was determined that the facts as required by the Baldwin Park Municipal Code for the granting of such Applications are present and that the conditional use permit and tentative parcel map should be granted, subject to the terms of this Resolution; and (d) Each fact set forth in the staff report dated July 27, 2016 from Amy L. Harbin, AICP, City Planner to the Chair and Planning Commissioners ("Staff Report") is true and correct. SECTION 2. The Planning Commission does hereby adopt the following Findings of Fact applicable to all conditional use permits: (a) Conditionally permitted. The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this chapter in that a residential care facility is a permitted use in the Single- Resolution PC 16-01 CP -825 and PM -1430 July 27, 2016 Page 2 Family Residential Zone through the conditional use permit process. The site will be developed in accordance to all of the applicable development standards, including parking stall size and vehicular circulation; and (b) Zone integrity and character. The use will not impair the integrity and the character of the zone in which it is to be located, in that the use of the property as a residential care facility conforms with the neighboring residential uses. The proposed facility is located on properties totaling 46,609 s.f. of land area with a lot coverage of approximately 28%. The proposed lot coverage is considerably less than the maximum allowable lot coverage for the R-1 Zone which is 45%; and (c) Site suitability. The subject site is physically suitable for the type of land being proposed in that the size of the combined properties is approximately 46,609 square -feet of lot area and 170` of street frontage along both Vineland Avenue and Stichman Avenue. Lot coverage is only 28% and there is approximately 13,000 s.f. of landscaped area which is 30% of the site; and (d) Existing compatibility. The use is compatible with the adjacent residential land uses and has been operated as a residential care facility in the past and there are conditions to address any potential nuisance activity. Additionally, there will be considerable new landscaping throughout the property and significant exterior renovations to the existing buildings; and (e) Future compatibility. The use will be compatible with existing and future land uses within the zone and the general area in which the proposed use is to be located in that as part of the 2020 General Plan the parcels retains a Single -Family Residential land use designation; and (f) Utilities and services. Adequate provisions for water, sewer and public utilities and services are available to the site and have existed for numerous years; the use will not be detrimental to public health and safety in that the proposed use of the property as a residential care facility has operated at this location in the past; and (g) Public access. Adequate provisions for public access are available to serve the use in that the site has sufficient access to streets and highways adequate in width and pavement to carry the quantity and quality of traffic generated by the proposed use. The properties are through lots, meaning that they have street frontage along both Vineland Avenue and Stichman Street. However, primary access to the facility will be from Vineland Avenue; and (h) General Plan Consistency. The use is consistent with the General Plan in that the proposed use supports Goal 3.0 of the Land Use Resolution PC 16-01 CP -825 and PM -1430 July 27, 2016 Page 3 Element by accommodating the revitalization of deteriorating uses and properties. Additionally, the use preserves the quality of the surrounding neighborhood and adds to a range of housing available to the community as the development will provide housing to a group which is otherwise typically restricted in the housing market; and (i) Safety and welfare. The use will not be detrimental to the public interest, health, safety, convenience or welfare in that the proposed use is an ambulatory residential care facility. According to the submitted Business Plan, the facility does have a safety plan and staff will be trained to identify hazards or safety concerns and as a result initiate plans(s) based on need or event. SECTION 3. The Planning Commission does hereby adopt the following Findings of Fact applicable to all Tentative Parcel Maps: (a) Adequate systems designed, and constructed to provide all necessary utilities to the lot proposed to be created, including, but not limited to, facilities for water, natural gas, electricity, cable television and telecommunications telephone service. Requests for comments/conditions on the proposed parcel map were sent to the following outside entities listed on the next page on March 22, 2016: TABLE #4 UTILITY COMPANY / OUTSIDE ENTITY LISTING NAME OF COMPANY/ ENTITY COMMENT LETTER RESPONSE RECEIVED DATE COMMENT/ RESPONSE RECEIVED Baldwin Park Unified School District No Verizon Telephone No LA County Sanitation District Yes April 7, 2016 County Fire Department Yes June 9, 2016 uthern California Edison No e Gas Company ra No ldwin Park Postmaster No Time Warner Cable No Valley County Water District No Comments and conditions from the responding agencies have been addressed in the findings and are included, as applicable, as conditions of approval of the tentative parcel map. Additionally, staff includes a general condition of approval that any and all conditions Resolution PC 16-01 CP -825 and PM -1430 July 27, 2016 Page 4 from outside agencies and utility companies shall be met or provided for prior to finalizing the tentative parcel map. (b) An adequate domestic water distribution system designed and constructed to service each lot proposed to be created. As indicated in Table #4 above, the property is serviced by Valley County Water District. Valley County Water District is confirmed to be the purveyor in the area and the Applicant shall ensure that water will be provided to the subject property by Valley County Water District. No other comments or concerns were forwarded to Staff. (c) An adequate sewage system designed and constructed to serve each lot proposed to be created. The proposed project shall comply with any conditions of approval as imposed by the Sanitation District of Los Angeles County prior to approval of the final map by the City of Baldwin Park. The Public Works Department Conditions of Approval (Attachment #5) requires the lot to be connected to a sewer main with the parcel having an independent sewer lateral. The conditions of approval require the applicant to cap -off any sewer connections no longer in use. The applicant shall obtain "ready -to -serve" letters from the utility companies. (d) An adequate storm water drainage system designed and constructed to serve each lot proposed to be created. The Public Works Department Conditions of Approval (Attachment #5) indicate that off-site improvements required may include storm drains and curb & gutter street improvements. Provided that the applicant meets the conditions of approval and a grading plan is approved for development, there will be adequate storm water drainage for the subject property. (e) An adequate public and/or private street and/or alley system designed and constructed to serve each lot proposed to be created. The Public Works Department has determined that there is adequate public street system to serve the lot. However, certain conditions of approval were included in Attachment #5 that relate to the public right-of-way including the construction of ADA compliant drive approaches, and wheelchair ramps. The conditions of approval require other street improvements for a project during the construction process in accordance with the City's current standards. (f) An adequate traffic regulatory system, including necessary traffic signals, signs, and pavement markings and stripings. The City's Public Works Department has concluded that the current conditions will provide for an adequate traffic regulatory system subject to required improvements to the public right- Resolution PC 16-01 CP -825 and PM -1430 July 27, 2016 Page 5 of -way including the provision of ADA compliant wheelchair ramps, sidewalks, street trees, and lighting as well as the striping of an existing crosswalk pursuant to the Public Works Conditions of Approval in Attachment #5. (g) The undergrounding of utilities pursuant to Chapter 97, part 2 (Underground Utility District) of the Municipal Code. Pursuant to Chapter 97 of the City's Municipal Code all utilities shall be undergrounded to the subject property. This requirement is also addressed as part of the overall plan check requirements and review of the final map. (h) Any and all other improvements found necessary by the City to provide all services to each lot proposed to be created. Staff is of the opinion that provided that the applicant obtains approval by the Planning Commission of the Parcel Map and meets and/or exceeds the conditions of approval, the new lot would have adequate service and could be consolidated such that the new lot would be consistent with the City's codes. (i) In addition to the improvements as required by the City's Municipal Code and Departments, there are also design requirements for the proposed tentative parcel map that need to be met. Pursuant to Section 152.12 of the City's Municipal Code, the design of the subdivision shall conform to the requirements of this Chapter 152, any and all design requirements set forth in the General Plan, the design and development standards established for the associated zoning district per the Zoning Code, the applicable design guidelines set forth in the Design Guidelines Manual, generally accepted engineering standards, and to such standards required by the City, including, but not limited to, plans for grading and erosion control. The Planning Division has reviewed the proposed lot consolidation and the proposed lot meets the minimum development standards contained within the Municipal (Zoning) Code, including, minimum lot size, lot depth, and lot width. The Public Works Department, as part of their comments, has included a requirement for the applicant to submit plans, as necessary, relating to grading and erosion control for review and approval. SECTION 4. The Application, as herein above described below, and the same is hereby approved subject to the following conditions: (a) That the property shall be developed and maintained in substantial accordance with Exhibit "A" and Exhibit "B" to the staff report for CP -825 and PM -1430, dated July 27, 2016; and Resolution PC 16-01 CP -825 and PM -1430 July 27, 2016 Page 6 (b) The Applicant shall obtain and maintain any required State or Federal licenses. If any state or federal licenses are not obtained and maintained then this conditional use permit shall become null and void; and (c) Detailed landscaping and irrigation plans shall be submitted at the plan check phase. All landscaped areas on-site as well as the parkways along Vineland Avenue and Stichman Avenue shall be automatically irrigated and maintained. Landscaping and irrigation plans shall be subject to the City's Water Efficient Landscaping Ordinance, Subchapter 153.160 of the City's Municipal Code; and (d) That the subject property be maintained in a neat and orderly manner; and the site small be kept flee of litter, weeds, and overgrown vegetation; and that all graffiti (throughout the property) shall be removed within twenty-four (24) hours at the expense of the applicant and/or owner; and (e) Detailed construction drawings submitted to the Building Division for plan check and requisite building permits shall include the locations of all new and existing mechanical equipment; and (f) Provide six (6) inch concrete curb to delineate all landscaped areas from vehicular driveway and parking lot areas; and (g) Provide landscaping and irrigation within the parkways along Vineland Avenue and Stichman Avenue. Proposed landscaping and irrigation shall be reviewed as part of the submitted on-site landscaping and irrigation plans; and (h) Remove and replace any existing broken concrete or damage incurred during the construction phase along both street frontages; and (i) Suitable lighting shall be provided to adequately illuminate the site and parking area. Proposed lighting shall be subject to review and approval by the City at the time of the plan check phase of the project. Any proposed lighting shall not spill onto adjacent properties; and Q) That the applicant shall sign a notarized affidavit within ten (10) days of the date of this resolution stating that the applicant had read and accepts all of the conditions of approval. (k) That the applicant shall provide the Planning Division with a check made payable to the Los Angeles County Clerk in the amount of seventy-five dollars ($75) for the posting of the California Environmental Quality Act (CEQA) paperwork (Categorical Exemption) no later than close of business Monday, August 1, 2016; and Resolution PC 16-01 CP -825 and PM -1430 July 27, 2016 Page 7 (1) That the subject property be maintained in a neat and orderly manner; and the site shall be kept free of litter, weeds, and overgrown vegetation; and that all graffiti (throughout the property) shall be removed within twenty-four (24) hours at the expense of the applicant and/or owner; and (m) That review and approval by the County of Los Angeles Fire Department, Fire Prevention Engineering Section, Building Plan Check Unit may be required for this project at further development of the site; and (n) The proposed project shall comply with any conditions of approval as imposed by the Sanitation District of Los Angeles County (Attachment #6) prior to approval of the final map by the City of Baldwin Park; and (o) That the applicant comply with all conditions of approval of the Parcel Map and those required by all other agencies and utility purveyors including the conditions of approval required by the Public Works Department as indicated in Attachment #5 to the staff report dated July 27, 2016; and (p) The proposed project shall comply with any conditions of approval as imposed by the Los Angeles County Fire Department (Attachment #7) prior to approval of the final map by the City of Baldwin Park; and (q) That the Planning Commission decision for this project, CP -825 and PM -1430, is subject to a ten (10) day appeal period. Any appeals to the City Council shall be written to identify the action being appealed and specifically stating the basis or grounds of the appeal. All appeals are subject to a processing fee and shall be submitted to the Planning Division; and (r) That Parcel Map 1430 shall be finaled in accordance with State Law; and (s) That the applicant shall comply with all conditions of approval within six (6) months after the date of approval or CP -825 and PM -1430 shall become null and void and will be subject to revocation pending a public hearing by the Planning Commission or the City Council on appeal. Any cost associated with the revocation of the of the conditional use permit shall be paid by the applicant and/or owner; and (t) That the applicant shall notarize a signed affidavit within ten (10) days of the date of this resolution stating that the applicant has read and accepts all of the conditions of approval. (u) If a gate is proposed along the Vineland Avenue Street frontage, key pad access will be required for the City's Police Department, and a Nox Box key will be required for Fire Department access; and Resolution PC 16-01 CP -825 and PM -1430 July 27, 2016 Page 8 (v) Provide roof -top numbering in accordance with the Police Department's guidelines and (w) Provide and continually maintain emergency contact information on file with the City's Police Department; and. (x) Submit Standard Urban Stormwater Mitigation Plan (SUSMP) and related parking lot improvements. (y) Submit Stormwater Pollution Prevention Plan (SPPP), Notice of Intent (NOI), Stormwater Pollution Prevention Plan (SWPPP), Wastewater Discharge Identification Number (WDID) and Landscape plan to include low impact develuprnerrt standards and green streets policy improvements on Vineland Avenue and Stichman Avenue. (z) Infiltrate rain water on-site to the maximum extent possible. (aa) Relocate conflicting utilities, remove non-compliant driveways and replace with full height curb and gutter and sidewalk. (bb) Underground utilities on-site. (cc) Plant street trees every 40 feet on center on Vineland Avenue and Stichman Avenue. (dd) Plant drought tolerant ground cover on street parkways along Vineland Avenue and Stichman Avenue and irrigate and maintain parkways. (ee) Replace unused driveways adjacent to the north property line with full -height sidewalk, curb and gutter. (ff) Provide grading plan and erosion control plan. (gg) Submit Industrial Waste Discharge (IWD) Plan for any commercial kitchen(s). (hh) All Plans and calculations submitted for Building Division plan check shall be wet stamped and signed by a licensed Engineer/Architect; and (ii) Applicant shall pay any applicable school fees; and (fl) On Title sheet, please indicate the type of construction, group occupancy, number of stories, fire sprinklers requirements. (kk) On Title sheet provide a complete code analysis. Resolution PC 16-01 CP -825 and PM -1430 July 27, 2016 Page 9 (II) On Title sheet, provide the total number of parking and the number of accessible parking including van accessible parking. (mm) Provide a complete exit analysis. (occupant load, exit signs low level exit signs...) (nn) Provide a complete accessibility compliance analysis including CASA certificate for compliance. (oo) Provide vertical and lateral analysis/calc's. (pp) Submit revised grading plan. Show adequate drainage. (qq) Submit soil's report. (rr) Provide Title 24 energy compliance forms. (ss) Show compliance with 2013 Green Building code requirements. (tt) Obtain Fire, Planning, Engineering/Public Works and Health Dept's approval. SECTION 5. The Secretary shall certify to the adoption of this Resolution and forward a copy hereof to the City Clerk and the Applicant. PASSED AND APPROVED this 27th day of July, 2016. MARIO MACIEL, JR. VICE M AIR BALDWIN PARK PLANNING OMMISSION Resolution PC 16-01 CP -825 and PM -1430 July 27, 2016 Page 10 ATTEST: STATE OF CALIFORNIA COUNTY -OF LOS ANGELES ss. CITY OF BALDWIN PARK I, AMY L. HARBIN, AICP, Secretary of the Baldwin Park Planning Commission, do hereby certify that the foregoing Resolution No. PC 16-01 was duly and regularly approved and adopted by the Planning Commission at a regular meeting thereof, held on the 27th day of July, 2016 by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Borques, Rooney, Flores and Maciel AMY L. &RKPLANNING BALDWI COMMISSION STAFF REPORT ITEM NO. 10 TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: January 15, 2020 SUBJECT: Appropriate Additional Funds for Cost Related7to the Walnut Creek Nature Park Ph. III Project Close-out SUMMARY This item seeks City Council consideration for the approval of an appropriation of additional funds in the amount of $16,700 for close-out cost associated with Walnut Creek Nature Park Phase III Project. The additional fund appropriation will help mitigate costs due to two (2) construction change orders (CCO's #7 and #8). RECOMMENDATION It is recommended that the City Council authorize the Director of Finance to appropriate $16,700 from available Quimby Funds (Park Fees), Acct #234-50-520-58100-16185, to cover project close-out shortfall costs associated with the Walnut Creek Nature Park Phase III Project. FISCAL IMPACT This project is funded with grant and local return funds; no General Funds were used. The appropriation will use available Quimby Funds, Acct # 234-50-520-58100-16185 in the amount of $16,700.00. BACKGROUND On December 4, 2019, the City Council approved the Filing of a Notice of Completion for City Project No. 2018-0273, CIP No. 19-113 — Walnut Creek Nature Park Improvements, Phase III. After approval a Notice of Completion was recorded with the County Recorder's Office. DISCUSSION The report approved on December 4, 2019 requested an appropriation in the amount of $33,294.19 to cover the final project close-out costs; however, actual close-out costs totaled $49,994.19. This report requests an additional appropriation of Quimby Funds in the amount of $16,700 to cover the shortfall. ALTERNATIVES The City Council may choose: 1. The City Council may choose not to approve the appropriation request; however, this action is not recommended as this work has been completed and expenditures were necessary to meet compliance with ADA requirements and wind sail product warrantees. 2. City Council may direct staff with a desired alternative. LEGAL REVIEW None required. ATTACHMENTS 1. Notice of Completion Staff Report ITEM NO. 7 STAFF REPORT SAID Ly�L TO: Honorable Mayor and Members of the City Council i Olt HUE of -0 FROM: Sam Gutierrez, Director of Public Works U THE DATE: December 4, 2019 SAN,GABRI,E L vALrLEv SUBJECT: Accept and Authorize the Filing of a Notice of Completion for 4n IAW►�!'`� City Project No. 2018-0273, CIP No. 19-113 - - Walnut Creek Nature Park Improvements, Phase III SUMMARY This item will accept completed work for City Project No. 2018-0273 . Walnut Creek Nature Park (WCNP) Improvements, Phase 111, close the contract with CEM Construction Corp. and authorize* filing of a Notice of Completion (NOC) with the County Recorder's Office. This project is the third and k; final phase of improvements to WCNP. The Project consisted of grading the northwest area of the t park, constructing extended concrete path, ADA improvements and parking lot reconstruction. The project also installed new playground equipment, fitness zones, landscaping, irrigation, and solar powered lighting. The project was funded by grant funds sponsored by Assemblywoman Blanca Rubio's Office and administered by the California Natural Resources Agency (CNRA). RECOMMENDATION It is recommended that the City Council: 1. Accept the construction improvements by CEM Construction Corp. and authorize the recordation of a Notice of Completion; and 2. Authorize Staff to release retention funds to CEM Construction Corp. upon the expiration of the 35 -day notice period; and 3. Authorize the Finance Director to appropriate $33,294.19 from Quimby Fund 234. f 18CAL IMPACT This project is funded with grant funds; no General Funds were used. Grant Funds are from the California Natural Resources Agency (CNRA) will be utilized for this project as follows: Approy"'Bu'"t CIP-19-113 CNRA Grant —Acct# 270-50-520-58100-1618.5:; $758,134.8:1 HousingRelated Parks Grant — Acct# 270-60-626-58100 16185 $78,169.00;: Pro A — Acct# 244-50-520-58100-16185 $13,712&0, Measure M — Acct# 255-50-58100-16185 .$80,000.00. Total Approved Funds $930j01 5 81 Adtlnal A ...� QuimbyFunds Fund# 234 $33,294.19 Total Appropriation $33,294.19 c Construction Contract $893,010.00 Change Orders $70,300.00 Total Project Costs $963,310.00 BACKGROUND On February 18, 2015, the City Council approved the final conceptual design prepared by Restoration Design Group for improvements to Walnut Creek Nature Park. At that meeting, it was recognized that due to lack of funding to complete all the recommendations in one phase, the project was to be divided into three (3) phases. On December 16, 2015, the City Council awarded a contract for the first of three planned phases of construction. Phase 1 improvements included grading of the existing swale, installation of an irrigation system, concrete walking path, expanded bio-swale, installation of trees, lighting, and parking lot improvements. On April 20, 2016, the City Council accepted the completed improvements for Phase I. On August 3, 2016, the City Council awarded a construction contract for Phase II of the improvements. Phase II included of grading for planting of trees, shrubs and plants, expansion of the irrigation system, concrete walking path, improvements to the observation structure including installation of new roof, new concrete flooring and new deck and fencing. Other improvements include installing 2 ADA accessible parking stalls, construction of an ADA pedestrian bridge, and the construction of 2 new play areas. On March 15, 2017, the City Council accepted the improvements for Phase IL On July 18, 2018, City Council authorized an agreement for professional services to Restoration Design Group (RDG) for the construction plans and specifications for the third and final phase for the WCNP Project. Phase III included grading the northwest portion of the park, installing new playground equipment, ADA improvements, fitness nodes, landscaping, irrigation, extended trail, lighting, cameras, parking lot reconfiguration and reconstruction. On May 20, 2019, the City Council approved a construction contract with CEM Construction Corp. as the responsible, responsive, low bidder. On September 4, 2019, City Council authorized additional funds from savings realized from the Morgan Park Improvements Project in the amount of $23,094.81. DISCUSSION The Project consisted of grading the northwest area of the park, constructing extended concrete path, ADA improvements and parking lot reconstruction. The project also installed new playground equipment, fitness zones, landscaping, irrigation, and solar powered lighting. The project was funded by grant funds sponsored by Assemblywoman Blanca Rubio's Office and administered by the California Natural Resources Agency (CNRA). With a total construction budget. of $893,010.00 plus an additional 6% for contingency, the budget did not cover the total construction cost due to several changes addressing unforeseen work items. This additional work was necessary to complete the project on schedule for the park's re -opening. Change orders were executed for additional grading and excavation work not originally anticipated. Also, a change order to install fiber communications leading to the structure for future security camera infrastructure was executed. This was done at this time so that the finish grading work will not be disrupted and to reduce future cost. Lastly, staff decided to move forward with the refurbishment of the access gate to the park along Hensel Street. This work restored function to the gate so that the Police Department can easily surveil and patrol. A summary of all change orders is detailed below: The total construction costs were $963,310.00 including change orders shown above. To complete the project close-out an appropriation of $33,294.19 from unappropriated Quimby funds is required. Staff recommends that the City Council approve the appropriation and accept the improvements and authorize staff to file a Notice of Completion. LEGAL REVIEW Not Required. ATTACHMENTS Notice of Completion Change Orders Amount 1 Removal of Cameras credit $10,000.00 2 Soil removal, grading, and re -compaction $45,400 3 Electrical Conduit for Hensel Gate 75'w/ pull boxes $4,000 4 Trees and Curbs removal due to shade structure pole relocations $6,500 5 Conduit for FIOS Communication 220'w/ pull boxes $9,400 6 Additive Alternate for Hensel Gate Rehabilitation $15,000 Total Project Costs $70,300 The total construction costs were $963,310.00 including change orders shown above. To complete the project close-out an appropriation of $33,294.19 from unappropriated Quimby funds is required. Staff recommends that the City Council approve the appropriation and accept the improvements and authorize staff to file a Notice of Completion. LEGAL REVIEW Not Required. ATTACHMENTS Notice of Completion Attachment 1 Notice of Completion RECORDING REQUESTED BY: CITY OF BALDWIN PARK WHEN RECORDED MAIL TO: Name CITY OF BALDWIN PARK Address 14403 E. Pacific Avenue Baldwin Park State, zip CA, 91706 For the City of Baldwin Park and was ACCEPTED by City Council on November 20, 2019 APN: N/A NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. A certain work of improvement on the property hereinafter described and known as: 2. The FULL NAME of the OWNER is City of Baldwin Park 3. The FULL ADDRESS of the OWNER is 14403 E. Pacific Avenue, Baldwin Park, CA 91706 4. The work of Improvements on the property hereinafter described was COMPLETED on November 14, 2019 5. The work of improvement completed is described as follows: Grading, new playground equipment ADA improvements, fitness node, landscaping, irrigation, extended concrete pathway, lighting, 6. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is Com( constnictlion cncooration 7. The street address of said property is 701 Frazier Street, Baldwin Parr, CA 91706 The undersigned, being duly sworn Engineering Official of the City of Baldwin Park, makes this verification on behalf of said entity, has read the foregoing and knows the contents thereof, and that the facts stated herein are true. 0 City of Baldwin Park Sohn Beshay, Engineering Manager Date: I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date , Signature: Sam Gutierrez, Director of Public Works ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Ben Martinez, Director of Community Development PREPARED BY: Ron Garcia, City Planner. / DATE: January 15, 2020/ SUBJECT: Prequalification List for Environmental Consulting Services to Allow Expedited Processing SUMMARY This report requests the City Council approve a prequalification list for Environmental Consulting Services to prepare environmental documents for development projects. RECOMMENDATION Staff recommends that the City Council take the following actions: 1. Approve the list of consultants to be used for Environmental Consulting Services for three years ending January 15, 2023 that includes DUDEK, ESA, Rincon Consulting Inc., Terry Hayes (TAHA), Michael Baker International, Ultra Systems, ECORP, and Eco Tierra; and 2. Upon submittal of a development application, authorize the City Manager to execute agreements up to $120,000 to complete environmental services for a development project. FISCAL IMPACT There would be no fiscal impact to the City. The City would contract with one of the prequalified consultants for each development project as needed. The applicant for the development project would deposit a check with the City in the amount of the proposal of the consultant to complete the study. The consultant would be paid from the amount deposited into the Environmental Review Deposit Account for the project. DISCUSSION On October 17, 2019, staff issued a Request for Qualifications (RFQ) for Environmental Consulting Services. On November 7, 2019, proposals were received from the following 10 firms: Terry Hayes Associates (TAHA) Culver City First Carbon Solutions San Bernardino UltraSystems Irvine CASC Engineering & Consulting Glendora ECORP Santa Ana Rincon Consulting Inc. Los Angeles Eco Tierra Los Angeles ESA Los Angeles Michael Baker International Santa Ana DUDEK Pasadena The proposals were reviewed by staff for completeness, relevant experience, qualifications of proposed project team, and understanding of the scope of services. The results of the evaluations were as follows: 1 DUDEK 921 2. ESA 92.1 3 Rincon Consulting Inc. 88.6 4 Terry Hayes Associates (TAHA) 86.9 5 Michael Baker International 83.2 6 UltraSystems 821 7 ECORP 82.8 8 Eco Tierra 80.9 9 First Carbon Solutions 75.7 10. CASC Engineering & Consulting 68.5 Government Code Sections 4525 through 4528 require that State and local public agencies use Qualifications Based Selection (QBS) to select architectural, landscape architectural, engineering, and environmental, land surveying and construction management services. The purpose of the statutes is to make sure that public agencies and thereby the general public receive design services from the best design professionals for a particular project. Public Contract Code Section 6106 specifies the process on how public agencies may negotiate fees and execute contracts for these services. SELECTION OF QUALIFIED FIRMS Upon evaluation of the proposals, the eight (8) top scoring firms, were selected based on the review criteria. The selected firms include DUDEK, ESA, Rincon Consulting Inc., Terry Hayes (TAHA), Michael Baker International, Ultra Systems, ECORP, and Eco Tierra. Staff is recommending that the City Council authorize a prequalification list with these eight firms to provide environmental consulting services for private development projects in the city. Staff selected firms of varying sizes (small, medium, and large firms) as development projects come in a variety of sizes. In addition, some of the selected firms can complete environmental documents in- house while others utilize sub -consultants. The eight selected firms have a diversity of size and range of expertise allowing for the City to select the most appropriate proposal (price, timeframe, areas of expertise) from one of the firms depending on the type of development proposed. PROCESS FOR HIRING CONSULTANT FOR ENVIRONMENTAL SERVICES Upon receipt of an application for a development proposal, staff would review and determine the appropriate CEQA process. Staff will then prepare a Request for Proposals (RFP) that includes a detailed project description, project information, and the scope of work. The RFP would be sent to the selected consulting firms. Staff would review the proposals and select the most appropriate proposal based on criteria such as expertise, cost and timeframe. Staff would then receive the required funding from the applicant, contract with the firm (signature on contract of the CEO), and then work with the environmental firm to prepare the necessary environmental report. For projects that are under $120,000, the Chief Executive Officer or designated Director would be authorized to sign the contract. For environmental documentation preparation that exceeds the approved $120,000 contract level, the contract will be scheduled for review and approval by the City Council. ALTERNATIVES Reject proposals and direct staff to send out another RFQ. This would take time and staff would therefore need to continue releasing open Request for Proposals for development proposals requiring environmental documents. This would likely increase the amount of time necessary to complete those documents. LEGAL REVIEW None Required. STAFF REPORT ITEM NO. 1 TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: January 15, 2020 SUBJECT: Award of Bid for Project No. CIP20-022 — Maine Avenue Complete Street Improvements, Phase 1B SUMMARY This item will approve the award of contract for City Project No. CIP 20-022 — Maine Avenue Complete Street Improvements, Phase 1 B. This project is the second phase of the City's first "Complete Streets" project along Maine Avenue between Olive Street to Arrow Highway. The project consists of construction of sidewalk extensions, bulb -outs, ADA curb ramps, landscaped rain gardens, catch basin relocations, installation of Class II Bike Lanes, roadway resurfacing, street landscape and smart irrigation system. RECOMMENDATION It is Staffs recommendation that the City Council: 1. Approve and award the contract to Gentry Brothers, Inc. of Irwindale, CA in the amount of $1,715,418.60; and 2. Authorize the Mayor and City Clerk to execute the contract with Gentry Brothers, Inc. for Maine Avenue Complete Street Improvements, Phase 1 B project. FISCAL IMPACT There is no impact the general fund at this time. The following table lists the funds approved for the project which is listed in FY 2019-20 # CIP20-022. BACKGROUND The City of Baldwin Park solidified its commitment to the Complete Streets philosophy through the adoption of a comprehensive Complete Streets Policy in August of 2011, the creation of the Manual for Living Streets Design in May 2012 and the adoption of a resolution establishing a Green Streets Policy in December 2013. The Complete Streets Policy came about from significant community involvement going back to the Walk Baldwin Park Walkability Audit and Assessment in 2006, followed by the Summer Community Workshops in 2009, the Local Government Commission 5 -Day Design Fair in 2010 and the Complete Streets Community Meeting in late 2010. Throughout this period the City Construction Contract $1,715,418.60 Construction Contingency 7% $120,000.00 Construction Engineering $149,081.40 Total Construction Budget $1,984,500.00 BACKGROUND The City of Baldwin Park solidified its commitment to the Complete Streets philosophy through the adoption of a comprehensive Complete Streets Policy in August of 2011, the creation of the Manual for Living Streets Design in May 2012 and the adoption of a resolution establishing a Green Streets Policy in December 2013. The Complete Streets Policy came about from significant community involvement going back to the Walk Baldwin Park Walkability Audit and Assessment in 2006, followed by the Summer Community Workshops in 2009, the Local Government Commission 5 -Day Design Fair in 2010 and the Complete Streets Community Meeting in late 2010. Throughout this period the City worked closely with its community partners including the Baldwin Park Resident Advisory Council, the People on the Move Collaborate, California Center for Public Health Advocacy and the Healthy Teens on the Move group. Through the collaborative efforts of the City and its community partners Maine Avenue between Los Angeles Street and Arrow Highway was identified as a priority location that would benefit greatly by the implementation of the Complete Streets Policy, Living Streets Manual and Green Streets resolution. The City received its first grant for improvements along Maine Avenue and in line with the Complete Streets Policy in October 2011. The Grant was in the amount of $1,000,000 and included pedestrian and bicycle safety improvements through the Federal Safe Routes to School (SRTS) Program. In August 2014, the City was awarded another Grant in the amount of $2,201,000 through the Active Transportation Program (ATP), Cycle 1 for additional Complete Street improvements along the same route as the Federal SRTS Grant. On January 19, 2017, the California Transportation Commission (CTC) approved the allocation of the ATP Grant Funds. This action also set the timeline for completion of the improvements and required that construction commence within six (6) months of CTC approval. Due to the complex and strenuous federal approval process, the City did not obtain Federal construction authorization for the SRTS portion of the project in time to meet the ATP deadline. In an effort to meet this requirement and avoid losing the funds, staff separated the project into two (2) phases — Phases 1 A and 1 B. On January 14, 2018 Phase 1A of the project was noticed for inviting bids. On January 30, 2018, Council awarded a construction contract that included a reduction of scope that was negotiated with the contractor to bring the project within budget. The reduced scope of improvements was moved to Phase 1B. On February 6, 2019, City Council accepted and authorized the filling of a Notice of Completion for Phase 1A. DISCUSSION Plans and specifications for Phase 1 B were completed in October 2019 and on November 6, 2019 the City Council authorized Staff to publish a notice inviting construction bids for the project. Approval of this item will award the construction contract for Phase 1 B. The Project will continue the improvements started in Phase 1A consisting of the installation of ADA compliant improvements (i.e. sidewalks, curb extensions bulb -out and access ramps), installation of dedicated Class II bike lanes, stormwater quality improvements (i.e. rain gardens), street landscape and irrigation improvements and roadway resurfacing. Additionally, the project includes the installation of detectable warning surfaces where needed, pruning tree roots and installing root barriers and installation of bus stop amenities such as bus shelters and trash cans. Related and appurtenant work includes construction surveying, adjusting of sewer and storm drain maintenance and utility covers to finished grade, and traffic control. On December 19, 2019, a total of three (3) bids were received and publicly opened. The following is a summary of confirmed base bids received. The lowest responsive and responsible bid was from Gentry Brothers, Inc. of Irwindale, CA. Staff has checked and verified references and recommends that the City Council move forward with the award of contract in the amount of $1,715,418.60. If awarded, the construction work is estimated to start in early February 2020 and be completed by May 2020. ALTERNATIVES 1. The City Council may choose not to award a construction contract, reject all bids and re -bid the project. This action is not recommended as re -bidding the project will delay the work and increase costs. 2. Provide Staff with alternate direction. ENVIRONMENTAL REVIEW The subject Maine Avenue Complete Street Improvements Phase 1B Project is exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 (Section 15201, Existing Facilities), subsection (c) exemption, which includes the repair, maintenance, and/or minor alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety) The key consideration for a Class 1 exemption is whether the project involves negligible or no expansion of an existing use. LEGAL REVIEW None Required ATTACHMENTS 1. Location Map 2. Bid Results Summary 4 ARROW HAY a LIVE OAK AVE EJOMmDGE e . « § HIAA % 2 & BNXN A - � HOOL . . £ . 8 § GATES 7 g OLIVE ST © § mem ¥ q q q DUN,ST \ w � # < ■ � § � § § � § 7 » 01 g 2 SCM PL ESTELLA _ DEMBLON9 SAMA g LOS NGS E S � q ( § § § CLARK ST c ARIQ, PSA % § « \ k M MORGANCf & § 2§ ¥ 2 § � . LOCATION MAP Proj Info: 07-LA-0-BWP Fed. Proj. ID: SRTSL 5323(031) City of Baldwin Park CIP 20-22, City Project No.15698 Exhibit 15-D Maine Avenue Phase 1 B - Maine Avenue from Olive Street to Arrow Highway Bid Results 1 2 s CIP 20-22, City Project No.15698, Maine Avenue +��A� .. Phase 1B - Maine Avenue from Olive Street to Brut 3 Arrow Highway etls eta t 2,�c Yr 5*3 ITEM NO. Work Description p Unit Estimated Quantity Unit Price Total Unit Price Total Unit Price Total 1 Traffic control LS 1 $ 210,000.00 $ 210,000.00 $ 153,303.30 $ 153,303.30 $ 273,000.00 $ 273,000.00 2 Remove Existing Tree EA 12 $ 200.00 $ 2,400.00 $ 700.00 $ 8,400.00 $ 1,000.00 $ 12,000.00 Remove and Construct 4" 3 Thick Concrete Sidewalk SF 11710 $ 7.50 $ 87,825.00 $ 7.50 $ 87,825.00 $ 9.00 $ 105,390.00 Remove and Construct 6" 4 Concrete Driveway Approach SF 5,210 $ 8.00 $ 41,680.00 $ 11.60 $ 60,436.00 $ 10.00 $ 52,100.00 Remove and Construct 5 Concrete Curb Ram EA 16 $ 3,500.00 $ 56,000.00 $ 4,000.00 $ 64,000.00 $ 3,200.00 $ 51,200.00 Remove and Construct 6" 6 Concrete Curb and/or 6" Curb LF 2,720 $ 60.00 $ 163,200.00 $ 54.00 $ 146,880.00 $ 47.00 $ 127,840.00 and 18" Gutter Remove and Construct 7 Concrete Cross Gutter and/or SF 1,980 $ 11.00 $ 21,780.00 $ 20.60 $ 40,788.00 $ 15.00 $ 29,700.00 .Spandrel Sawcut and Remove Existing 8 AC Pavement, Base, and iSubgrade CY 860 $ 30.00 $ 25,800.00 $ 110.00 $ 94,600.00 $ 85.00 $ 73,100.00 Traffic Signing, 9 JProvide Striping, Markings, Curb LS 1 $ 60,000.00 $ 60,000.00 $ 60,000.00 $ 60,000.00 $ 66,000.00 $ 66,000.00 Painting, and Signs Traffic Signal System Upgrade for the Intersection 10 of Maine Avenue and Olive LS 1 $ 44,078.40 $ 44,078.40 $ 41,000.00 $ 41,000.00 $ 50,000.00 $ 50,000.00 Street (Removable Bid Item) Traffic Signal System Upgrade for the Intersection 11 of Maine Avenue and Arrow LS 1 $ 61,908.00 $ 61,908.00 $ 48,000.00 $ 48,000.00 $ 58,000.00 $ 58,000.00 Highway 12 lUnclassified Excavation CY 610 $ 30.00 $ 18,300.00 $ 110.00 $ 67,100.00 $ 68.00 $ 41,480.00 Mill Existing Asphalt JCold 13 Concrete (AC) Pavement SF 187,990 $ 0.30 $ 56,397.00 $ 0.23 $ 43,237.70 $ 0.24 $ 45,117.60 1.5' Depth) Construct 1.5' Thick ARHM 14 Overla C2 -PG 64-16 TON 1,710 $ 85.00 $ 145,350.00 $ 98.00 $ 167,580.00 $ 115.00 $ 196,650.00 Provide and Place Crushed 15 Miscellaneous Base (CMB) TON 250 $ 17.00 $ 4,250.00 $ 62.00 $ 15,500.00 $ 80.00 $ 20,000.00 truct Concrete Curb 16 Ram EA 3 $ 3,000.00 $ 9,000.00 $ 4,000.00 $ 12,000.00 $ 2,800.00 $ 8,400.00 and Remove Existing 17 JSawcut Concrete Driveway Approach SF 790 $ 4.00 $ 3,160.00 $ 4.00 $ 3,160.00 $ 3.00 $ 2,370.00 Construct 4" Thick Concrete 18 Sidewalk SF 2,560 $ 6.00 $ 15,360.00 $ 7.50 $ 19,200.00 $ 6.50 $ 16,640.00 19 Landsca a Planting LS 1 $ 40,000.00 $ 40,000.00 $ 45.00 $ 45.00 $ 50,000.00 $ 50,000.00 20 Irrigation System Domestic LS 1 $ 235,000.00 $ 235,000.00 $ 110,000.00 $ 110,000.00 $ 225,000.00 $ 225,000.00 Water 21 Construct Rain Garden SF 2,090 $ 17.00 $ 35,530.00 $ 13.00 $ 27,170.00 $ 65.00 $ 135,850.00 22 Relocate Fire Hydrant EA 5 $ 19,500.00 $ 97,500.00 $ 16,000.00 $ 80,000.00 $ 21,000.00 $ 105,000.00 Assembly 23 Furnish and Install 8" D.I.P. LF 510 $ 180.00 $ 91,800.00 $ 250.00 $ 127,500.00 $ 223.00 $ 113,730.00 Water Main, Class 350 Adjust Existing Storm Drain/ 24 Sewer/Utility Manhole Frames EA 14 $ 600.00 $ 8,400.00 $ 680.00 $ 9,520.00 $ 900.00 $ 12,600.00 and Covers to Finished Grade 25 Provide Construction Survey LS 1 $ 22,000.00 $ 22,000.00 $ 18,000.00 $ 18,000.00 $ 30,000.00 $ 30,000.00 26 Construct 12" Rectangular LF 660 $ 50.00 $ 33,000.00 $ 230.00 $ 151,800.00 $ 62.00 $ 40,920.00 Drain (Foundry Supplies) Install Solar Power Assembly 27 with Push Button, Signs, EA 4 $ 11,740.80 $ 46,963.20 $ 11,500.00 $ 46,000.00 $ 11,000.00 $ 44,000.00 RRFB, and Solar Panel Re-establish Survey 28 Monuments and Centerline LS 1 $ 8,600.00 $ 8,600.00 $ 3,500.00 $ 3,500.00 $ 3,800.00 $ 3,800.00 Ties Standard 180-Day 29 Contractor's Maintenance LS 1 $ 30,137.00 $ 30,137.00 $ 3,500.00 $ 3,500.00 $ 5,000.00 $ 5,000.00 Period Provide Soil and Pavement 30 Testing Services as Directed LS 1 $ 40,000.00 $ 40,000.00 $ 40,000.00 $ 40,000.00 $ 40,000.00 $ 40,000.00 by the Engineer — Allowance TOTAL $ 1,715,418.60 $ 1,750,045.00 $ 2,034,887.60 STj ITEM NO. I J TO: Honorable Mayor and Members of the City Council FROM: Mark Hsu, Information Systems Supervisor DATE: January 15, 2020 SUBJECT: Award of Proposals for CIP NO. 20-4, Re -wire Network Cable Project SUMMARY This item will authorize award of contract for city project No. 20-4 — Re -wire network cables for basement, first floor, second floor, third floor and Community Center admin office. This project is listed in the current fiscal year 2019-20 Capital Improvement Program (CIP #20-4). This project will improve our current network cable infrastructure and is a mandated requirement to execute another CIP #20-3 new phone system — citywide. This project will be executed in five phases. RECOMMENDATION Staff recommends that the City Council: 1. Approve and award the contract to Data Installers, Inc. in the amount of $37,670.00; and 2. Authorize Mayor and City Clerk to execute the proposal for city network cable infrastructure improvements. FISCAL IMPACT There is no impact to the general fund. The fund for this project will be covered by CIP #20-4 ($15,000) and partial of CIP #20-3 ($150,000) BACKGROUND The current city network cable infrastructure is outdated. The City currently uses CAT5 cabling with two twisted pairs, affording us only 100 Mbps of bandwidth. Rewiring using CAT6 will provide us the ability to raise out bandwidth capacity to 1 Gbps, improving the operation of out locally hosted applications, data shares, and communications across our network. These rewiring efforts are required precondition to acquiring a modern digital phone system, which has been accounted for in our Capital Improvement Program (CIP #20-3) and will be executed after the conclusion of this rewiring project. This is necessary, as our current phone system is out of support. In addition, the phone system is no longer serviceable and obsolete. This project will pave the way to install a new modern phone system. Staff solicited bids and received 4 quotes. Data Installers, Inc. is the lowest responsible bidder. LEGAL REVIEW Not applicable ALTERNATIVES The City. Council may choose not to award this project and keep using our current network cable infrastructure. ATTACHMENTS 1. Proposals for three different quotes Total of five phase quotes from Data Technologies, Inc. Basement 1n Floor 2nd Floor 13rd Floor C.C. Admin Office Total $5,914.17 $16,960.00 $15,518.66 1 $9,688.76 $6,939.68 $55,021.27 License #1003734 Quote #N06MK91 City of Baldwin Park Basement Re -cabling Data Technologies Inc is pleased to be able to provide the following quote for your upcoming project. DTI will provide all the following: Scope of Work 1. IDF A. Provide and install (1) Category 6, 24 -port patch panel in the existing cabinet in the IDF. 2. Station Cables A. (2) Data cables will be pulled, terminated and tested from the basement IDF located inside the dispatch office to (7) surface mount locations. B. The cabling will route thru the raised floor and back out to the hallway via a vertical chase. C. All cabling to run above the keylock ceiling. D. Provide and install ivory latch duct to conceal the cables. E. The provided cable will be Category 6, UTP, 4pr, Plenum rated. 3. Patch Panel A. Patch panel cables to be terminated 568B. 4. Terminations A. Data station cables to be terminated 568B to an ICC 2 -port surface box with ivory ICC Category 6 inserts. 5. Certification and Labeling A. Certify data cables for Category 6 compliance. B. Label station surface box and patch panels with location number. Terms: NET 30 Days Quote Valid 30 Days Prevailing Wage Labor Total Materials $2,121.16 Total Labor $3,591.50 Sales Tax $201.51 Total Quote $5,914.17 Approved: Data Technologies, Inc 187 W Orangethorpe Ave, Placentia, CA 92870, www.datatechsinc.com (714) 865-1802 FAX (714) 693-3389 Page 1 of 1 License #1003734 Quote #N06NM92 City of Baldwin Park 1St Floor Re -cabling Data Technologies Inc is pleased to be able to provide the following quote for your upcoming project. DTI will provide all the following: Scope of Work 1. IDF A. Provide and install (1) Category 6, 48 -port patch panel and (1) Category 6, 24 -port patch in the existing wall rack in the 1't floor IDF. B. Pull (2) Category 6, UTP, plenum rated cables from the MDF to the 1" floor IDF. C. Provide and install (1) 4" conduit stub above the door to the IDF for cable access to the hallway above the ceiling. 2. Station Cables A. (1) Data cable will be pulled, terminated and tested from the V floor IDF to (4) surface mount locations. B. (2) Data cables will be pulled, terminated and tested from the V floor IDF to (2) surface mount locations. C. (3) Data cables will be pulled, terminated and tested from the 1" floor IDF to (3) surface mount locations. D. (4) Data cables will be pulled, terminated and tested from the I" floor IDF to (2) surface mount locations. E. (1) Data cable will be pulled, terminated and tested from the 1" floor IDF to (17) face plate locations. F. (2) Data cables will be pulled, terminated and tested from the V floor IDF to (5) face plate locations. G. (1) Data cable will be pulled from the wall in the conference room to the area behind the TV in the conference room. H. The cabling will route thru the 4" sleeve and out to the hallway above the ceiling. I. All cabling to run above the keylock ceiling. J. Provide and install ivory latch duct to conceal the cables at the surface mount location. K. The provided cable will be Category 6, UTP, 4pr, Plenum rated. 3. Patch Panel A. Patch panel cables to be terminated 568B. 4. Terminations A. Data station cables to be terminated 568B on various face plates and surface boxes using ivory ICC Category 6 inserts. 5. Certification and Labeling A. Certify data cables for Category 6 compliance. B. Label station surface box and patch panels with location number. Total Materials $5,943.63 Total Labor $10,451.73 Sales Tax $564.64 Total Quote $16,960.00 Data Technologies, Inc 187 W Orangethorpe Ave, Placentia, CA 92870, www.datatechsinc.com (714) 865-1802 FAX (714) 693-3389 Page 1 of 2 Terms: NET 30 Days Quote Valid 30 Days Prevailing Wage Labor Approved: Data Technologies, Inc 187 W Orangethorpe Ave, Placentia, CA 92870, www.datatechsinc.com (714) 865-1802 FAX (714) 693-3389 Page 2 of 2 License #1003734 Quote #N06MK93 City of Baldwin Park 2°d Floor Re -cabling Data Technologies Inc is pleased to be able to provide the following quote for your upcoming project. DTI will provide all the following: Scope of Work 1. IDF A. Provide and install (1) Category 6,48 -port patch panel and (1) Category 6, 24 -port patch in the existing wall rack in the 211 floor IDF. B. Provide and install (1) 4" conduit stub above the door to the IDF for cable access to the hallway above the ceiling. 2. Station Cables A. (1) Data cable will be pulled, terminated and tested from the 2nd floor IDF to (5) surface mount locations. B. (2) Data cables will be pulled, terminated and tested from the 2nd floor IDF to (1) surface mount location. C. (3) Data cables will be pulled, terminated and tested from the 2nd floor IDF to (4) surface mount locations. D. (4) Data cables will be pulled, terminated and tested from the 2nd floor IDF to (2) surface mount locations. E. (1) Data cable will be pulled, terminated and tested from the 2nd floor IDF to (19) face plate locations. F. (2) Data cables will be pulled, terminated and tested from the 2nd floor IDF to (1) face plate location. G. (3) Data cables will be pulled, terminated and tested from the 2nd floor IDF to (2) face plate locations. H. The cabling will route thru the 4" sleeve and out to the hallway above the ceiling. I. All cabling to run above the drop tile ceiling. J. Provide and install ivory latch duct to conceal the cables at the surface mount location. K. The provided cable will be Category 6, UTP, 4pr, Plenum rated. 3. Patch Panel A. Patch panel cables to be terminated 568B. 4. Terminations A. Data station cables to be terminated 568B on various face plates and surface boxes using ivory ICC Category 6 inserts. 5. Certification and Labeling A. Certify data cables for Category 6 compliance. B. Label station surface box and patch panels with location number. Total Materials $6,373.15 Total Labor $8,540.06 Sales Tax $605.45 Total Quote $15,518.66 Terms: NET 30 Days Data Technologies, Inc 187 W Orangethorpe Ave, Placentia, CA 92870, www.datatechsinc.com (714) 865-1802 FAX (714) 693-3389 Page 1 of 2 Quote Valid 30 Days Prevailing Wage Labor Approved: Data Technologies, Inc 187 W Orangethorpe Ave, Placentia, CA 92870, www.datatechsinc.com (714) 865-1802 FAX (714) 693-3389 Page 2 of 2 License #1003734 Quote #N06MK94 City of Baldwin Park Yd Floor Re -cabling Data Technologies Inc is pleased to be able to provide the following quote for your upcoming project. DTI will provide all the following: Scope of Work 1. EDF A. Provide and install (1) Category 6,48 -port patch panel in the existing wall rack in the 31d floor IDF. B. Provide and install (1) 3" conduit stub above the door to the IDF for cable access to the hallway above the ceiling. 2. Station Cables A. (1) Data cable will be pulled, terminated and tested from the 31d floor IDF to (5) surface mount locations. B. (4) Data cables will be pulled, terminated and tested from the 31 floor IDF to (1) surface mount locations. C. (1) Data cable will be pulled, terminated and tested from the 311 floor IDF to (13) face plate locations. D. (2) Data cables will be pulled, terminated and tested from the 31d floor IDF to (4) face plate locations. E. The cabling will route thru the 4" sleeve and out to the hallway above the ceiling. F. All cabling to run above the drop tile ceiling. G. Provide and install ivory latch duct to conceal the cables at the surface mount location. H. The provided cable will be Category 6, UTP, Plenum rated. 3. Patch Panel A. Patch panel cables to be terminated 568B. 4. Terminations A. Data station cables to be terminated 568B on various face plates and surface boxes using ivory ICC Category 6 inserts. 5. Certification and Labeling A. Certify data cables for Category 6 compliance. B. Label station surface box and patch panels with location number. Terms: NET 30 Days Quote Valid 30 Days Prevailing Wage Labor Total Materials $3,626.05 Total Labor $5,718.24 Sales Tax $344.47 Total Quote $9,688.76 Approved: Data Technologies, Inc 187 W Orangethorpe Ave, Placentia, CA 92870, www.datatechsinc.com (714) 865-1802 FAX (714) 693-3389 Page 1 of 1 License #1003734 Quote #N06NM95 City of Baldwin Park Community Center Re -cabling Data Technologies Inc is pleased to be able to provide the following quote for your upcoming project. DTI will provide all the following: Scope of Work 1. IDF A. Provide and install (1) 6U wall cabinet, 22.5" usable space, lockable. B. Provide and install (1) Category 6,48 -port patch panel in the new wall rack. 2. Station Cables A. (1) Data cable will be pulled, terminated and tested from the wall mount cabinet to (5) surface mount locations. B. (2) Data cables will be pulled, terminated and tested from the wall mount cabinet to (1) surface mount location. C. (3) Data cables will be pulled, terminated and tested from the wall mount cabinet to (1) surface mount location. D. (1) Data cable will be pulled, terminated and tested from the wall mount cabinet to (8) face plate locations. E. (2) Data cables will be pulled, terminated and tested from the wall mount cabinet to (2) face plate locations. F. (3) Data cables will be pulled, terminated and tested from the wall mount cabinet to (1) face plate locations. G. All cabling to run above the drop tile ceiling. H. Provide and install ivory latch duct to conceal the cables at the surface mount location. I. The provided cable will be Category 6, UTP, 4pr, Plenum rated. 3. Patch Panel A. Patch panel cables to be terminated 56813. 4. Terminations A. Data station cables to be terminated 568B on various face plates and surface boxes using ivory ICC Category 6 inserts. 5. Certification and Labeling A. Certify data cables for Category 6 compliance. B. Label station surface box and patch panels with location number. Terms: NET 30 Days Quote Valid 30 Days Prevailing Wage Labor Total Materials $3,255.82 Total Labor $3,374.56 Sales Tax $309.30 Total Quote $6,939.68 Approved: Data Technologies, Inc 187 W Orangethorpe Ave, Placentia, CA 92870, www.datatechsinc.com (714) 865-1802 FAX (714) 693-3389 Page 1 of 1 Total of five phase quotes from VERSATEL. Basement 1n Floor 2"1 Floor 311 Floor C.C. Admin Office Total $8,114.56 $15803.95 $15,757.27 $12,604.70 $5,118.42 $57,398.90 vERsc7�L. 7211 Haven Ave., Suite E604 Alta Loma, Ca 91701 I Name / Address I City of Baldwin Park Mark Hsu 4403 E Pacific Ave Baldwin Park, CA 91706 Ship To City of Baldwin Park Mark Hsu 4403 E Pacific Ave Baldwin Park, CA 91706 Estimate Date Estimate # 10/30/2019 22230 Phone # P.O. No. Terms Due Date Rep Project jose@versatelecomgroup.com www.versatelecomgroup.com 10/23/2019 Item Description Qty U/M Cost Total Phase 4 project Basement 09BT-6EA4-4 Cat6e Non Plenum Cable 4 135.00 540.00T CAT6 Data Jacks CAT6 Data Jacks 14 4.38786 61.43T ICCIPFP 1 Port Face Plate or surface mount 14 1.29571 18.14T 24 Port Patch Pa... 24 Port Patch Panel 1 54.00 54.00T Panduit 1.5" x 1... Panduit 1.0" x 6 ft raceway 20 30.00 600.00T Labor Installation Labor Installation: Weekend from Friday to Sunday 1 6,720.00 6,720.00 8:30-4:30 Subtotal $7,993.57 Sales Tax (9.5%) $120.99 Total $8,114.56 Accentanm Sionatura Phone # Fax # E-mail Web Site (909) 941-2000 (909) 689-5269 jose@versatelecomgroup.com www.versatelecomgroup.com 7211 Haven Ave., Suite E604 Alta Loma, Ca 91701 I Name /Address I City of Baldwin Park Mark Hsu 4403 E Pacific Ave Baldwin Park, CA 91706 Ship To City of Baldwin Park Mark Hsu 4403 E Pacific Ave Baldwin Park, CA 91706 Estimate Date Estimate # 10/30/2019 22229 Phone # P.O. No. Terms Due Date Rep Project jose@versatelecomgroup.com www.versatelecomgroup.com 10/23/2019 Item Description Qty U/M Cost Total Phase 4 project 1 st Floor 09BT-6EA4-4 Cat6e Non Plenum Cable 8 135.00 1,080.00T CAT6 Data Jacks CAT6 Data Jacks 51 4.38745 223.76T ICCIPFP 1 Port Face Plate or surface mount 51 1.29608 66.1OT 2013-48C6E Cat 6 - 48 Port Patch Panel 1 135.00 135.00T 24 Port Patch Pa... Cat6 24 Port Patch Panel 1 54.00 54.00T Panduit 1.5" x 1... Panduit 1.0" x 6 ft raceway 20 30.00 600.00T Labor Installation Labor Installation : Weekend from Friday to Sunday 1 13,440.00 13,440.00 8:30-4:30 Subtotal $15,598.86 Sales Tax (9.5%) $205.09 Total $15,803.95 Arrpntanra Rinnatura Phone # Fax # E-mail Web Site (909) 941-2000 (909) 689-5269 jose@versatelecomgroup.com www.versatelecomgroup.com VERSA7EL 7211 Haven Ave., Suite E604 Alta Loma, Ca 91701 Name / Address City of Baldwin Park Mark Hsu 4403 E Pacific Ave Baldwin Park, CA 91706 Ship To City of Baldwin Park Mark Hsu 4403 E Pacific Ave Baldwin Park, CA 91706 Estimate Date Estimate # 10/30/2019 22228 Phone # P.O. No. Terms Due Date Rep Project jose@versatelecomgroup.com www.versatelecomgroup.com 10/23/2019 Item Description Qty U/M Cost Total Phase 3 project 2nd Floor 09BT-6EA4-4 Cat6e Non Plenum Cable 8 135.00 1,080.00T CAT6 Data Jacks CAT6 Data Jacks 53 4.38755 232.54T ICCIPFP I Port Face Plate or surface mount 53 1.29604 68.69T 2013-48C6E Cat 6 - 48 Port Patch Panel 1 81.00 81.00T 24 Port Patch Pa... Cat6 24 Port Patch Panel 1 54.00 54.00T Panduit 1.5" x 1... Panduit 1.0" x 6 ft raceway 20 30.00 600.00T Labor Installation Labor Installation : Weekend from Friday to Sunday 1 13,440.00 13,440.00 8:30-4:30 Subtotal $15,556.23 Sales Tax (9.5%) $201.04 Total $15,757.27 Acrantanm SinnaturP Phone # Fax # E-mail Web Site (909) 941-2000 (909) 689-5269 jose@versatelecomgroup.com www.versatelecomgroup.com 7211 Haven Ave., Suite E604 Alta Loma, Ca 91701 I Name / Address I City of Baldwin Park Mark Hsu 4403 E Pacific Ave Baldwin Park, CA 91706 Ship To City of Baldwin Park Mark Hsu 4403 E Pacific Ave Baldwin Park, CA 91706 Estimate Date Estimate # 10/30/2019 22226 Phone # P.O. No. Terms Due Date Rep Project jose@versatelecomgroup.com www.versatelecomgroup.com 10/23/2019 Item Description Qty U/M Cost Total Phase 2 project 3rd Floor 09BT-6EA4-4 Cat6e Non Plenum Cable 6 135.00 810.00T CAT6 Data Jacks CAT6 Data Jacks 31 4.38742 136.01T ICCIPFP 1 Port Face Plate or surface mount 31 1.29613 40.18T 2013-48C6E Cat 6 - 48 Port Patch Panel 1 81.00 81.00T 24 Port Patch Pa... Cat6 24 Port Patch Panel 1 54.00 54.00T Panduit 1.5" x 1... Panduit 1.0" x 6 ft raceway 20 30.00 600.00T Labor Installation Labor Installation: Weekend from Friday to Sunday 1 10,720.00 10,720.00 8:30-4:30 Subtotal $12,441.19 Sales Tax (9.5%) $163.51 Total $12,604.70 Accentanna Signature Phone # Fax # E-mail Web Site (909) 941-2000 (909) 689-5269 jose@versatelecomgroup.com www.versatelecomgroup.com 7211 Haven Ave., Suite E604 Alta Loma, Ca 91701 I Name /Address I City of Baldwin Park Mark Hsu 4403 E Pacific Ave Baldwin Park, CA 91706 Ship To 4100 Baldwin Park Blvd Baldwin Park, CA 91706 Estimate Date Estimate # 10/30/2019 22236 Phone # P.O. No. Terms Due Date Rep Project jose@versatelecomgroup.com www.versatelecomgroup.com 10/23/2019 Item Description Qty U/M Cost Total Phase 1 project ESCC 09BT-6EA4-4 Cat6e Non Plenum Cable 4 135.00 540.00T Navepoint 6U c... Navepoint 6U cabinet 1 179.55 179.55T - Dimensions; 14.5" H x 24" W x 18"D; 130 lbs capacity; Sturdy welded frame; Rails with cage nuts style bolting; Fits std 19" rack mount equipment. Enclosed w/ glass door CAT6 Data Jacks CAT6 Data Jacks 26 4.38769 114.08T ICCIPFP 1 Port Face Plate or surface mount 26 1.29615 33.70T 2013-48C6E Cat 6 - 48 Port Patch Panel 1 81.00 81.00T Labor Installation Labor Installation : 1 4,080.00 4,080.00 Subtotal $5,028.33 Sales Tax (9.5%) $90.09 Total $5,118.42 ArrAntancr± Sinnature Phone # Fax # E-mail Web Site (909) 941-2000 (909) 689-5269 jose@versatelecomgroup.com www.versatelecomgroup.com Total of five phase quotes from Data Installs Inc. Basement 1St Floor 2"d Floor 3`d Floor C.C. Admin Office Total $4,053.00 $13,144.00 $9,316.00 $6,310.00 $4,847.00 $37,670.00 BILL TO: CITY OF BALDWIN PARK SHIP TO: CITY OF BALDWIN PARK PROPOSAL * 1295SED 14403 East Pacific Avenue 14403 East Pacific Avenue The following number must appear on all related Baldwin Park, CA 91706 Baldwin Park, CA 91706 correspondence; shipping papers, and invoices: We are pleased to submit the following Proposal for your project. The cost is based on our discussions and plans. The proposal includes all labor, equipment and materials as specified below. All work to be completed in a workman like manner with quality and scheduling being of utmost importance. Estimate is valid 30 days from data below. David Mortensen tall (14) cat6 cables according to job walk and Dr plan that was provided. Install all the cables ck to the IDF feeding from the floor. Will try to t the cable in the wall but if the wall is concrete if it has fire block we will install surface mount )eway to route the cable down to the location. rminate, label, and test all cables to makes sure .y are working properly. Basement LABOR/MATERIAL Low Voltaae All equipment installed will have one year warranty on parts and MATERIAL labor. on Cat6 Cable Riser,(1) 48 Port Cat6 Patch Panel, (14) cat6 Jack, (12) SM Raceway, Ceiling Bracket, (7) Cuplink, (1) Misc. Material EXCLUSIONS & CLARIFICATIONS: a. Patching and painting are not included in this quotation b. No conduit is included unless specifically specified in the above scope of work c. Price is contingent upon work being done during normal business hours, if work it to be done after hours, an extra charge shall be incurred d. Any extra trip to the above mentioned location for warranty work shall be done during normal business hours, if materials found to be damaged due to outside interference a service call will be invoiced on a time and material basis e. Any additional insurance above Data Installers, Inc. standard coverage NOTE: All payments not received within thirty-one (31) days of the invoice date shall be considered past due and subject to a 1 1/2% penalty for each month. At six (6) months past due the account will be forwarded to a collections agency. AUTHORIZED BY DATE SEND ALL CORRESPONDENCE TO: Data Installers, Inc. 4190 Mission Blvd (PHONE: 909.563.8333 Montclair, CA 91763 FAX 909.628.6777 C7 License# 956385 $4,053.00 DATAJNSTALLERSZ Your Low e Integralfar BILL TO: CIN OF BALDWIN PARK SHIP TO: CITY OF BALDWIN PARK PROPOSAL # 12959ED 14403 East Pacific Avenue 14403 East Pacific Avenue The following number must appear on all related Baldwin Park, CA 91706 Baldwin Park, CA 91706 correspondence; shipping papers, and invoices: We are pleased to submit the following Proposal for your project. The cost is based on our discussions and plans. The proposal includes all labor, equipment and materials as specified below. All work to be completed in a workman like manner with quality and scheduling being of utmost importance. Estimate is valid 30 days from data below. 12959ED I Due on all (54) cat6 cables according to job walk and Low Voltage r plan that was provided. Install all the cables LABOR/MATERIAL c to the IDF. Install (1) cat6 cable from the in the basement to the IDF on the 1st floor. all (1) 4" conduit sleeve to feed the cable into IDF. Will try to get the cable in the wall but if wall is concrete or if it has fire block we will 311 surface mount raceway to route the cable ILow Voltage All equipment installed will have one year warranty on parts and in to the location. Terminate, label, and test all MATERIAL labor. es to makes sure they are working properly. I Cat6 Cable Riser,(2) 48 Port Cat6 Patch Panel, (54) cat6 Jack, (34) SMB, (34) Raceway, (17) Ceiling Bracket, (17) Cuplink, (1) Misc. Material EXCLUSIONS & CLARIFICATIONS: a. Patching and painting are not included in this quotation b. No conduit is included unless specifically specified in the above scope of work c. Price is contingent upon work being done during normal business hours, if work it to be done after hours, an extra charge shall be incurred d. Any extra trip to the above mentioned location for warranty work shall be done during normal business hours, if materials found to be damaged due to outside interference a service call will be invoiced on a time and material basis e. Any additional insurance above Data Installers, Inc. standard coverage NOTE: All payments not received within thirty-one (31) days of the invoice date shall be considered past due and subject to a 1 1/2% penalty for each month. At six (6) months past due the account will be forwarded to a collections agency. 4 AUTHORIZED BY DATE SEND ALL CORRESPONDENCE TO: Data Installers, Inc. 4190 Mission Blvd (PHONE: 909.563.8333 Montclair, CA 91763 FAX 909.628.6777 C7 License# 956385 $13,144.00 144.00 BILL TO: CITY OF BALDWIN PARK 14403 East Pacific Avenue Baldwin Park, CA 91706 SHIP TO: CITY OF BALDWIN PARK 14403 East Pacific Avenue Baldwin Park, CA 91706 PROPOSAL * 12960ED The following number must appear on all related correspondence; shipping papers, and invoices: We are pleased to submit the following Proposal for your project. The cost is based on our discussions and plans. The proposal indudes all labor, equipment and materials as specified below. All work to be completed in a workman like manner with quality and scheduling being of utmost importance. Estimate is valid 30 days from data below. 9 Mortensen Due on Install (56) cat6 cables according to job walk and Low Voltage floor plan that was provided. Install all the cables LABOR/MATERIAL back to the IDF. Install (1) 4" conduit sleeve to feed the cable into the IDF. Will try to get the cable in the wall but if the wall is concrete or if it has fire block we will install surface mount raceway to route the cable down to the location. Will route the cable for the counter to couple Low Voltage All equipment installed will have one year warranty on parts and locations. Terminate, label, and test all cables to MATERIAL labor. makes sure they are working properly. 11) Cat6 Cable Riser, (2) 48 Port Cat6 Patch Panel, (56) cat6 Jack, (18) SMB, (18) ;M Raceway, (8) Ceiling Bracket, (10) Cuplink, (1) Misc. Material EXCLUSIONS & CLARIFICATIONS: a. Patching and painting are not induded in this quotation b. No conduit is induded unless specifically specified in the above scope of work c. Price is contingent upon work being done during normal business hours, if work it to be done after hours, an extra charge shall be incurred d. Any extra trip to the above mentioned location for warranty work shall be done during normal business hours, if materials found to be damaged due to outside interference a service call will be invoiced on a time and material basis e. Any additional insurance above Data Installers, Inc. standard coverage NOTE: All payments not received within thirty-one (31) days of the invoice date shall be considered past due and subject to a 1 1h% penalty for each month. At six (6) months past due the account will be forwarded to a collections agency. AUTHORIZED BY SEND ALL CORRESPON Data Installers, Inc. 4190 Mission Blvd Montclair, CA 91763 C7 License# 956385 TO: $9,316.00 (PHONE: 909.563.8333 FAX 909.628.6777 M'1AL BILL T0: CITY OF BALDWIN PARK 14403 East Pacific Avenue Baldwin Park, CA 91706 SHIP TO: CITY OF BALDWIN PARK PROPOSAL # 12961ED 14403 East Pacific Avenue The following number must appear on all related Baldwin Park, CA 91706 correspondence; shipping papers, and invoices: We are pleased to submit the following Proposal for your project. The cost is based on our discussions and plans. The proposal includes all labor, equipment and materials as specified below. All work to be completed in a workman like manner with quality and scheduling being of utmost importance. Estimate is valid 30 days from data below. tall (31) cat6 cables according to job walk and Low Volta x plan that was provided. Install all the cables LABOR/MJ :k to the IDF. Install (1) 2" conduit sleeve to d the cable into the IDF. Install (1) 12 port tch panel on one side of the building. Will try to t the cable in the wall but if the wall is concrete if it has fire block we will install surface mount eway to route the cable down to the location. Low Voltac rminate, label, and test all cables to makes sure MATERIAL .y are working properly. All equipment installed will have one year warranty on parts and labor. ) Cat6 Cable Riser, (1) 48 Port Cat6 Patch Panel, (1) 12 Port Cat6 Patch panel, 1) cath Jack, (7) SMB, (7) SM Raceway, (3) Ceiling Bracket, (5) Cuplink, (1) Misc. EXCLUSIONS & CLARIFICATIONS: a. Patching and painting are not included in this quotation b. No conduit is included unless specifically specified in the above scope of work c. Price is contingent upon work being done during normal business hours, if work it to be done after hours, an extra charge shall be incurred d. Any extra trip to the above mentioned location for warranty work shall be done during normal business hours, if materials found to be damaged due to outside interference a service call will be invoiced on a time and material basis e. Any additional insurance above Data Installers, Inc. standard coverage NOTE: All payments not received within thirty-one (31) days of the invoice date shall be considered past due and subject to a 1 1h% penalty for each month. At six (6) months past due the account will be forwarded to a collections agency. AUTHORIZED BY DATE SEND ALL CORRESPONDENCE TO: Data Installers, Inc. 4190 Mission Blvd Montclair, CA 91763 C7 License# 956385 PHONE: 909.563.8333 FAX 909.628.6777 $6,310.00 10.00 BILL TO: CITY OF BALDWIN PARK 14403 East Pacific Avenue Baldwin Park, CA 91706 SHIP TO: CITY OF BALDWIN PARK 14403 East Pacific Avenue Baldwin Park, CA 91706 PROPOSAL # 12962ED The following number must appear on all related correspondence; shipping papers, and invoices: We are pleased to submit the following Proposal for your project. The cost is based on our discussions and plans. The proposal includes all labor, equipment and materials as specified below. All work to be completed in a workman like manner with quality and scheduling being of utmost importance. Estimate is valid 30 days from data below. tall (25) cat6 cables according to job walk and or plan that was provided. Install (1) 2ft clouser for the new cables. Install all the cables LABOR/MATERIAL $4,847.00 ck to the new IDF. Install (1) 2" conduit sleeve feed the cable into the IDF. Will try to get the )le in the wall but if the wall is concrete or if it s fire block we will install surface mount Low Voltage All equipment installed will have one year warranty on parts and sway to route the cable down to the location. rminate, label, and test all cables to makes sure MATERIAL labor. .y are working properly. (4) Cat6 Cable Riser, (1) 48 Port Cath Patch Panel, (25) cat6 Jack, (4) SMB, (4) SM Raceway, (1) Ceiling Bracket, (2) Cuplink, (1) Misc. Material EXCLUSIONS & CLARIFICATIONS: a. Patching and painting are not included in this quotation b. No conduit is included unless specifically specified in the above scope of work c. Price is contingent upon work being done during normal business hours, if work it to be done $4,847.00 after hours, an extra charge shall be incurred d. Any extra trip to the above mentioned location for warranty work shall be done during normal business hours, if materials found to be damaged due to outside interference a service call will $0.00 be invoiced on a time and material basis $4,847.00 e. Any additional insurance above Data Installers, Inc. standard coverage NOTE: All payments not received within thirty-one (31) days of the invoice date shall be considered past due and subject to a 1 1h% penalty for each month. At six (6) months past due the account will be forwarded to a collections agency. AUTHORIZED BY DATE SEND ALL CORRESPONDENCE TO: Data Installers, Inc. 4190 Mission Blvd PHONE: 909.563.8333 Montclair, CA 91763 FAX 909.628.6777 C7 License# 956385 ST R11MMORY TO: Honorable Mayor and Councilmembers FROM: Ben Martinez, Community Development Director PREPARED BY: Ron Garcia, City Planner'�� DATE: January 15, 2020 J SUBJECT: Consideration of Adoption an Interim Urgency Ordinance Establishing a Moratorium on New or the Expansion of Massage Establishment (Urgency Ordinance) This report requests City Council adoption of an interim urgency ordinance establishing a moratorium on the establishment of new and expansion of existing massage establishments within the City of Baldwin Park. RECOMMENDATION Staff recommends City Council waive further reading, read by title only and adopt Ordinance No. 1448 entitled, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF BALDWIN PARK DECLARING A MORATORIUM ON THE ESTABLISHMENT OF NEW AND EXPANSION OF EXISTING MASSAGE ESTABLISHMENTS WITHIN THE CITY OF BALDWIN PARK, AND DECLARING THE URGENCY THEREOF". FISACAL IMPACT There is no fiscal impact associated with this item. BACKGROUND/DISCUSSION Prior to 2009, the State of California did not uniformly regulate massage businesses or professionals, rather local jurisdictions tried to regulate illegitimate massage establishments through the enactment and enforcement of vastly different vice ordinances. Supporters of the massage industry were of the opinion that some of the ordinances were unnecessarily harsh and in an effort to establish uniform regulations, SB 731 was approved. SB 731, entitled the Massage Therapy Act created the Massage Therapy Organization and established limits on the power of local governments to regulate massage professionals by requiring separate local jurisdiction permitting and testing in order to practice within said local jurisdiction. A subsequent amendment to SB 731, AB 619 further limited local governments to regulate these establishments by requiring them to be classified the same as other `professional services', such as medical offices. Additionally, AB619 changed the name of the Massage Therapy Organization to the California Massage Therapy Council (CAMTC). In 2012 SB 1238 was passed which expanded AB 619 by adding additional requirements including more school credit hours, examination and training hours, grounds for suspension of licenses and sharing of information between local law enforcement and the CAMTC. Moreover, SB 731, AB 1147 went into effect in 2015 and generally divided responsibilities for massage regulation between the State of California (certification of massage professionals the CAMTC) and local governments (regulation of massage businesses through their regulatory and land use authority). AB 1147 closed the gap in existing law and essence allows the following: 1) Reorganizes the CAMTC Board of Directors with a broader representation of stakeholders, including a City Attorney, a Police Chief, a Public Health Official and a member from an anti-human trafficking organization. 2) Sets new education requirements to obtain CAMTC certification. 3) Allows CAMTC to regulate certified individuals, including discipline. 4) Returns local land use authority to local governments by authorizing local governments to require conditional use permit, hours of operation. Cities can now adopt local ordinances that govern zoning, business licensing and reasonable health and safety requirements for establishments. What AB 1147 does not allow local governments to regulate includes: 1) Define a massage establishment as an adult entertainment business. 2) Require a massage establishment to have windows or walls that do not extend from floor to ceiling or have other internal physical structures (such as windows) that interfere with a client's privacy. 3) Require a person certified by the CAMTC to take any test, medical examination or background check 4) Require a person certified by the CAMTC to get a license, permit or other authorization to provide massage, unless that person is a business owner. Currently, the City's Municipal Code as written does not permit massage establishments which is in conflict with State Law. Additionally, because massage establishments are not permitted, the City has no current development standards (hours of operation, conditional use permit, minimum lighting standards, etc.) for these types of establishments. Adoption of the moratorium will allow the City time to craft development standards to protect the health, safety and welfare of the City. If adopted by 4/5t" of a vote of the City Council, this moratorium would prevent the establishment of new massage establishments and the expansion of existing massage establishments on any property located within the City Limits. It would take effect immediately and expire in 45 days unless extended by the City Council. The Council may extend the moratorium for up to an additional 10 months and 15 days following a public hearing. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ALTERNATIVES The City Council could choose not to adopt the Interim Urgency Ordinance moratorium and the City would be at odds with state law and no development standards to regulate any massage establishments. ATTACHMENT #1. Ordinance No. 1448 ATTACHMENT #1 URGENCY ORDINANCE 1448 URGENCY ORDINANCE NO. 1448 AN INTERIM URGENCY ORDINANCE OF THE CITY OF BALDWIN PARK DECLARING A MORATORIUM ON THE ESTABLISHMENT OF NEW AND EXPANSION OF EXISTING MASSAGE ESTABLISHMENTS WITHIN THE CITY OF BALDWIN PARK, AND DECLARING THE URGENCY THEREOF. WHEREAS, prior to 2009 the State of California did not uniformly regulate massage businesses or professionals and local jurisdictions enacted a variety of different ordinances to regulate massage businesses and professionals; and WHEREAS, the California Legislature subsequently enacted SB 731, entitled the Massage Therapy Act which established limits on local jurisdictions to regulate massage professionals; and WHEREAS, AB 619 was a subsequent amendment to SB 731 and further limited local governments to regulate these establishments by requiring them to be classified the same as other `professional services' such as medical offices; and WHEREAS, in 2012, SB 1238 was passed by the State Legislature which expanded AB 619 to include additional requirements for professionals and the sharing of information between the California Massage Therapy Council and local law enforcement; and WHEREAS, the state laws had the unintended consequence of resulting in a proliferation of massage establishments throughout California, many of which were or are believed to be fronts for prostitution and/or human trafficking; and WHEREAS, SB 731, and AB 1147 went into effect in 2015 and divided responsibilities for massage regulation between the State of California and local governments; and WHEREAS, AB 1147 returned local land use authority to local governments and cities can now adopt local ordinances that govern zoning, business licensing, and reasonable health and safety requirements for establishments, even if the same requirements do not apply to other professional service providers; and WHEREAS, the City Council finds that the oversaturation of massage establishments, changes the character of a neighborhood, causes blight and impacts quality of life and the local economy by compromising public trust; and WHEREAS, there is a need to study existing and potential land uses within the City to assure compatibility between the location of massage establishments and surrounding properties, and to consider revisions to the zoning ordinance accordingly to conform to the General Plan. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY ORDAINS AS FOLLOWS: SECTION 1. The City Council hereby adopts each recital set forth above as a finding of the City Council SECTION 2. The City Council further finds that the establishment of new and or expansion of existing massage establishments may constitute a current and immediate threat to the public health, safety or welfare in that such uses may impose adverse impacts on surrounding properties, including but not limited to an increase in crimes, and upon that basis has determined that an interim urgency ordinance pursuant to Government Code Section 65858 is warranted. SECTION 3. Pursuant to Government Code § 65858, the City Council hereby declares a moratorium on the establishment of new massage establishments and the expansion of existing massage establishments within the City and on the issuance of any permits, approvals, or entitlements for use for such development, including but not limited to subdivisions, use permits, variances, building permits, or any other applicable permit or entitlement for use which is required in order to comply with the City's zoning ordinances or with Baldwin Park Municipal Code Chapter 124. The moratorium declared and established by this Section 3 shall remain in effect 45 days after the date of enactment of this ordinance. SECTION 4. City staff is directed to study appropriate modifications to the City's massage and zoning ordinances to reduce and/or mitigate negative secondary effects created by the number, location and illicit uses of massage establishments. Pending the completion of such studies and the adoption of an ordinance to establish appropriate operational and zoning regulations, it is necessary for the immediate preservation of the public, health, safety and welfare that this ordinance takes effect immediately. In the absence of immediate effectiveness, massage establishment uses in the City may be in conflict with regulations or requirements established with respect thereto. SECTION 5. This ordinance shall not preclude the continued operation of any lawfully existing massage establishment uses which are not seeking to expand, convert, relocate or otherwise change their use, or the opening or commencement of any massage establishment uses as a new business for which all discretionary and non -discretionary approvals have been made prior to the effective date of this ordinance. SECTION 6. This ordinance is an interim ordinance and shall take effect immediately. This is an interim ordinance adopted pursuant to Section 65858 of the Government Code and shall expire forty-five (45) days after the date hereof unless extended pursuant to the provisions of said section. SECTION 7. The City Council on the basis of the whole record and exercising independent judgment finds that this Interim Urgency Ordinance is not subject to environmental review pursuant to the State Guidelines for Implementation of the California Environmental Quality Act Sections 15060(c) (2) and 15060(c)(3) pertaining to activities that will not result in a direct or reasonably foreseeable indirect change to the environment and that are not defined as a project under Section 15378. This Ordinance has no potential for resulting in physical change to the environment directly or indirectly in that it prevents change to the environment pending the completion of the contemplated research and studies. SECTION 8. If any part or provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of this ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this ordinance are severable. SECTION 9. This Urgency Ordinance shall go into effect immediately upon adoption by a four-fifths vote of the City Council. PASSED AND APPROVED this 15th day of January, 2019. Manuel Lozano, Mayor BALDWIN PARK CITY COUNCIL ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF BALDWIN PARK ) I, Jean M. Ayala, City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1448 was adopted as an urgency matter at a regular meeting of the City Council held January 15, 2019, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Jean M. Ayala Baldwin Park, City Clerk ITEM NO. S A — l TO: Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park FROM: Rose Tam, Director of Finance DATE: January 15, 2020 J SUBJECT: Treasurer's Report — November 2019 SUMMARY Attached is the Treasurer's Report for the month of November 2019. 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. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for November 2019. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT 11/30/2019 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIF) City Checking 2,292,810.86 Money Market Plus 133,226.85 City Miscellaneous Cash 129,903.22 City -Including General Fund & all other Special Revenue Funds 2.10% Varies Varies $ 28,492,507.97 $ 28,492,507.97 $ 28,492,607.97 $ 28,492,507.97 Housing Authority 2.10% Varies Varies 13,827.25 13,827.25 13,827.25 13,827.26 28,606,336.22 28,506,335.22 28,506,335.22 28,506,335.22 Certificate of Deposit Citibank National Association (Mutual Securities) 2.65% 1/25/2019 1/25/2021 250,000.00 250,000.00 250,000.00 263,007.50 Goldman Sachs Bk USA NY (Mutual Securities) 2.25% 1/24/2018 1/24/2020 250,000.00 250,000.00 250,000.00 250,262.60 Sallie Mae Bk SLT Lake City UT (Mutual Securities) 2.25% 1/24/2018 1/24/2020 250,000.00 250,000.00 250,000.00 250,262.60 Morgan Stanley Bank N A Utah (Cantella) 2.64% 4/1912018 4/20/2020 260,000.00 250,000.00 250,000.00 251,030.00 Barclays Bank Del (Cantella) 3.05% 12/19/2018 12121/2020 250,000.00 250,000.00 250,000.00 253,835.00 Dividend (Cantella) 3,388.16 1,250,000.00 1,250,000.00 1,250,000.00 1,261,785.66 Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 7,847,459.94 7,847,469.94 7,847,469.94 7,847,459.94 Fiscal Agent Funds -Successor Agency (Trust/Debt Service Fund) Varies Varies Varies 20,483.04 20,483.04 20,483.04 20,483.04 7,867,842.98 7,867,942.98 7,867,942.98 7,867,942.98 $ 37,624,278.20 $ 37,624,278.20 E 37,636,065.58 37,624,278.20 6 Total Investments $ 37,624,278.20 Cash with Bank of the West City Checking 2,292,810.86 Money Market Plus 133,226.85 City Miscellaneous Cash 129,903.22 Successor Agency 536,930.25 Housing Authority 207,856.00 Financing Authority 11,700.00 Investment Brokerage 0.00 Total Cash with Bank of the West 3,312,427.18 Total Cash and Investments $ 40,9 Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report. * There was no investment maturity/purchase transactions made for the month of November 2019 and several deposits/withdrawals were made through 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: 2 ZZ2- c' Rose T11m Director of Finance STAFF REP( ITEM NO. ' , TO: Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park FROM: Rose Tam, Director of Finance/ DATE: January 15, 2020 �' `� SUBJECT: APPROVAL OF THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 20-21) FOR THE PERIOD FROM JULY 1, 2020 TO JUNE 30, 2021 AND ADMINISTRATIVE BUDGET SUMMARY With the dissolution of local redevelopment agencies, the current state law requires the City Council acting as the governing body of the Successor Agency (SA) to the Dissolved Community Development Commission of the City of Baldwin Park ("CDC") with respect to redevelopment agency matters to review and approve an annual Recognized Obligation Payment Schedule (ROPS). After review and approval by the City Council acting as the Successor Agency, the ROPS must be approved by the Oversight Board and submitted to the County Auditor -Controller, the State Department of Finance (DOF), and the State Controller's Office. The Successor Agency is also required to approve an administrative budget in an amount not to exceed the maximum permitted under the Redevelopment Dissolution Act. Attached is the ROPS 20-21 for the period from July 1, 2020 through June 30, 2021 and the Administrative Budget for Fiscal Year 2020-21 for the Successor Agency's Board approval. FISCAL IMPACT The SA is requesting to receive $1,391,073 for the Fiscal Year 2020-21 enforceable obligations from the Redevelopment Property Tax Trust Fund (RPTTF) distributed by the County of Los Angeles per AB 26. However, these amounts are subject to approval of the California Department of Finance (DOF). RECOMMENDATION Staff recommends the City Council, as governing body of the SA: 1. Approve the ROPS 20-21 for the period of July 1, 2020 through June 30, 2021; and, 2. Adopt the Successor Agency Administrative Budget for Fiscal Year 2020-21; and, 3. Direct staff to proceed with submitting the final ROPS 20-21 to the LA County First District Consolidated Oversight Board for approval no later than January 21, 2020; and, 4. Send the approved ROPS 20-21 to the County Executive Office, County Auditor Controller, the State Controller, and DOF by February 1, 2020; and, 5. Instruct staff to post the approved ROPS 20-21 on the City's website. LEGAL REVIEW The City Attorney has reviewed as to form. BACKGROUND/DISCUSSION Assembly Bill Xl 26 ("AB 26") was drafted with recognition that redevelopment agencies had a variety of debts and obligations that still must be met in order to avoid causing harm to the persons to whom those debts and Page 2 obligations are owed. Successor agencies are supposed to receive tax revenues from the county auditors in order to ensure those obligations, referred to in AB 26 as "enforceable obligations," will be met. In order to enable the County of Los Angeles to determine how much tax revenue a successor agency needs to meet its enforceable obligations; AB 26 requires the preparation of a series of schedules of enforceable obligations. Under AB 26, a ROPS must be prepared and presented to the City Council as the governing body of the successor agency for approval for each six-month period, from January 1 through June 30 and from July 1 through December 31, until all of the Commission's enforceable obligations have been paid in full. However, pursuant to the recently adopted SB 107, a single annual ROPS must now be submitted for each fiscal year from July 1 through June 30. The approved ROPS is then submitted to the LA County First District Consolidated Oversight Board for approval. Following Oversight Board approval, the ROPS is sent to the Department of Finance and other agencies. On June 27, 2012, AB 1484 was enacted providing technical amendments, new rules and new deadlines for the redevelopment dissolution process. As such, the SA must submit an Oversight Board approved ROPS 20-21 for the period of July 1, 2020 through June 30, 2021 to the DOF no later than February 1, 2020. If the ROPS is not submitted on time, there will be a civil penalty of $10,000 per day for every day that the ROPS is not submitted to the DOF. The penalty is to be paid to the County Auditor -Controller for distribution to the taxing entities. The SA must notify the County Executive Officer, the County Auditor Controller, and DOF, at the same time the SA submits a proposed action to the Oversight Board for approval. Also, all actions taken by the Oversight Board must be adopted by resolution. ALTERNATIVES State Law requires the City Council acting as Board Members of the SA to the Dissolved Community Development Commission to approve the ROPS 20-21 in order for the City to pay for CDC's obligations and administrative costs. If the ROPS 20-21 are not approved and submitted to the DOF by February 1, 2020 there is civil penalty of $10,000 a day until it is submitted. In addition, the SA would be unable to pay the obligations. This would cause former RDA bonds to go into default. ATTACHMENT 1) ROPS 20-21 for the period from July 1, 2020 to June 30, 2021 2) Successor Agency Administrative Budget FY 2020-21 3) RESOLUTION NO. OB 2020-001 Recognized Obligation Payment Schedule (ROPS 20-21) - Summary Filed for the July 1, 2020 through June 30, 2021 Period Successor Agency: Baldwin Park County: Los Angeles Current Period Requested Funding for Enforceable Obligations (ROPS Detail) A Enforceable Obligations Funded as Follows (B+C+D) B Bond Proceeds C Reserve Balance D Other Funds E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) F RPTTF G Administrative RPTTF H Current Period Enforceable Obligations (A+E) Certification of Oversight Board Chairman: Pursuant to Section 34177 (o) of the Health and Safety code, I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named successor agency. /s/ 20-21A Total 20-21B Total (July - (January - December) June) ROPS 20-21 Total Name Title Signature Date Ballwin Park Recognind ObOgallon Payment Schedule (RODS 20-21) - ROPS Detail July 1. 2020 through June 30, 2021 0 Rernt Obf0a0on IP'q"'� I •. __ Fund Sources ..�. 20-T1A Fund Swrces 20-218 Agreement Agreement Total ROPE Project Name Execution Temination Payee Descdplion Outstanding Reared 20.21 • Type Date Date PussObpg m Total Bond Reserve Oduur RPTTF Admin Tem Band Reserve 00wr RPTTF Admin TOW Proceeds Balance Funds RPTTF Proceeds Balance Funds I RPTIF 37 3 from xrnty nent as 3 823 frau county lament en N B Ilam Obligation '�f8e1"B"t Agreenent Project .....- Fund Sourus 20.21A Fund Sources "-me Total ROPS ' B Project Name ryPe Execution Tenninali n Payee Description Are® Outstanding Refired 20.21 Total Trial pate Data ObIgation Totat Bond Reserve OMe RPTTF I Admin Bond Reserve OMe RFII Admin Proceeds Balance Funds RPTTF Prooeeds Balance Funds RPTTF 55 Tax Alocati0n Refund -05116/ 09/012030 US Bank Reknanced4 Sae 7,877,124 N $1,376,080 1.183,376 93,248 51,275.824 aa,4*e saa.4 Rafundit Bonds 2017 OS bonds .. Gabriel Bonds' Seies issued Aker listed on item.4, River, 2017 627112 5,6, 7 (1998 Puente Series San Merced, Gabriel River Central TAB, 2003 Business Series Sates : District, Tax & Tar Deka, Allocation Sierra Rekmdm9 1Asta Bonds, 1990 Series A Revenue TAB, 2000 Merged Project Rewr3ng 58 Tet Allocation Reserves 05/161 091022030 US Bank Refinanced 4 San 1.000,644 N $1,000.5443t i - 1.600.541 - e t)(1 Refunift: 2017 - OS'. bonds : Gabriel Bonds. Series wed on Rem 1;: River, ' 2017 2;3, 4 (1998 Puente Series San : Merced, Gabriel Rive Central TAB, 2003 Buss ass Series Sales District, 'fax 8 Ta Deka, Allocation'. Siem Refund" Vista Bonds, 1990 Series A Ravens TAB, 2WOMaWd Project Refimding A I B I C D I E F O H I 1 I J K L I M I N O P O 1 R 1 S 1 T I U V W :.. tt0 Project Nine n Execution Temina8oAgreernent n Payee Description Project Total Outstanding Retired ROPS 20-21 _ Fund Sources . 20.21A Fund Sowees 10-218 Bond Reserve O#wr RPTTF Adrrtirr Bond Reserve 90- RPTTF Admin 0 TypeDant Data Area Obligation Total Total Total Proceeds Balance Funds RPTTF Proceeds 8akarce Funds RPTTF RPTTF Bandi 57 Botta Fees 01110/ 09A112030: VlBdarr Arbitrage San 5,750 N Arbitrage 2018 Financial Rebate Gabriel Rebate :.. Services Services River, Services :' PUeMO Merced. Central Business DWAct, and Merged Project Arse 55 Sond Fiscal Fees OSMe/ ` 08A7/2030 US Bank Annual Final San 2,000 N $2,DO11 2,OD0 $2;000 < Trust Fees 2017 AgenVTnmtee , Gabriel flees River. Pum Merced, . Central Business ['strict, and Merged Project Area 59 Bond Professional 01111/ 01/31rMl Hamel& Bond - Y Disclosrue Services'. 2019 ' Comparry Disclosure Fees from FY - Advisors, Fees 201718 was LLC not requested - In ROPR 18.19 so Bond Prokssional 01fl11 81131=1': Harrel b Bond 2,250 N $2250 - - - i - 2.250 52250 Disclosure Servkxs.. 2019 : CompNy Disclosure Feesfar FY : AdMaars, Fess 2020.21 LLC Baldwin Park Recognized Obligation Payment Schedule (ROPS 20-21) - Report of Cash Balances July 1, 2017 through June 30, 2018 (Report Amounts in Whole Dollars) Pursuant to Health and Safety Code section 34177 (n, Redevelopment Property Tax Trust Fund (RPTTF) may be fisted as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. A B C D E F G H ROPS 1748 Cash Balances Fund Sources Comments (07/01/17 -06/30/78) Btrodvir cees", ' Rose V Balance 01the `"p, Bonds issued Bonds issued Prior ROPS Rent, grants, Non -Admin on or before on or after RPTTF and interest, etc. and Admin 12/31/10 01/01/11 Reserve Balances retained for future period(s) xNI ',,...� 1 Beginning Available Cash Balance (Actual 07101M7) - 4,208,009 926,375 192,589 - RPTTF amount should exclude "A" period distribution amount. 2 RevenueAncome (Actual 06130118) - 3,811,728 2,595,414 RPTTF amount should to to the ROPS 17-18 total distribution from the County Auditor -Controller 3 Expenditures for ROPS 1748 Enforceable Obligations - 6,158,787 923,260 192,055 1,254,444 (Actual 08/30M8) 4 Retention of Available Cash Balance (Actual 06130118) - 1,860,950 1,337,420 Reserved for September 2018 Debt Service RPTTF amount retained should only include the amounts Payment distributed as reserve for future period(s) 5 ROPS 1748 RPTTF Prior Period Adjustment RPTTF amount should tie to the Agency's ROPS 17-18 PPA No entry wed- form submitted to the CAC y Baldwin Park Recognized Obligation Payment Schedule (ROPS 20-21) - Notes July 1, 2020 through June 30, 2021 Item # Notes/Comments 36 ...... _..... ..... ___....... ,........... _.»._.. .... _ . . •-» 37 _.._._...._............. ............. _._ » 38 ....._._. ......_.......�__...._._..__.._...._.._............... _............ .................. —1-11,11-1-11-- ....._ ........ .................... 40 _.......»_...._.___.__.._.._.._......__......__.__...._....__.__._.... _............ _...... ........................... _.......... .................. _.___................... 49 55 56 _»».....___.._....._,........__.._._. _....._....__. _._.._.._...... __._...... ....................... _ .. 57 .......... ........... ....... . _ _..__....»...__......__.._._._..._..... ».._...................... ..................... ..... ........... ... _.... _................ _._ _._....... 58 59 City of Baldwin Park Successor Agency Administrative Budget for Fiscal Year 2020-21 % of Time Admin spent on Cost SA Hours SA Successor Agency: Non-Housinq Personnel Cost City Council $ 11,645 N/A 5.00% City Treasurer 2,004 N/A 5.00% City Clerk 2,004 N/A 5.00% Deputy City Clerk 1,880 28 1.00% Chief Executive Officer 8,307 43 2.00% Director of Community Development 5,224 43 2.00% Management Analyst 299 5 0.24% Personnel Risk Manager 1,624 15 1.000/0 Personnel Technician 888 18 1.000/0 Director of Finance 47,826 330 16.00% Accounting Manager 15,237 160 8.00% Accountant 4,599 81 4.00% Accountant 3,845 76 4.00% Management Assistant 4,054 73 4.00% Payroll Specialist 4,160 83 4.00% Sr. Finance Clerk 1,642 35 2.00% Sr. Finance Clerk 94 2 0.10% Finance Clerk 913 26 1.000/0 Total Personnel Cost $ 116,245 Ooeratina Administrative Costs Consulting Services (Harrell & Co Advisors, LL) $ 2,000 Legal Fee 5,000 Audit Fee 7,350 Facility Rental 15,000 Information & Support Services Charges 10,380 Internal Insurance Charges 35,800 Oversight Board (Copies, Printing, & Supplies) 1,200 Training 600 Total Operating Administrative Costs $ 77,330 Total SA Agency Administrative Budget for FY 2020-21 $ 193,575 RESOLUTION NO. OB 2020-001 A RESOLUTION OF THE LOS ANGELES COUNTY FIRST SUPERVISORIAL DISTRICT CONSOLIDATED OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY OF THE FORMER REDEVELOPEMENT AGENCY TO THE CITY OF BALDWIN PARK APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) 20-21 FOR THE PERIOD OF JULY 1, 2020 THROUGH JUNE 30, 2021 WHEREAS, pursuant to ABx 1 26, enacted on June 28, 2011, and as subsequently amended by AB 1484, SB 341, and SB 107 ("Dissolution Act"), the Redevelopment Agency to the City of Baldwin Park was dissolved as of February 1, 2012, and the City of Baldwin Park elected to serve as the Successor Agency to the former Redevelopment Agency to the City of Baldwin Park. WHEREAS, pursuant to Health and Safety Code Section 34179 (q), commencing on and after July 1, 2018, the County of Los Angeles, where more than 40 oversight boards were created by the Dissolution Act, shall have five consolidated oversight boards each encompassing the five supervisorial districts; WHEREAS, the First Supervisorial District Consolidated Oversight Board ("Oversight Board") has jurisdiction over the Successor Agency of the Former Redevelopment Agency to the City of Baldwin Park. WHEREAS, the First Supervisorial District Consolidated Oversight Board held a regular/special meeting on January 27, 2020. WHEREAS, the Oversight Board to the Successor Agency to the dissolved Community Development Commission of the City of Baldwin Park (the "Oversight Board") has been appointed pursuant to the provisions of Health & Safety Code Section 34179; and, WHEREAS, Section 34177 requires each Successor Agency to prepare a draft Recognized Obligation Payment Schedule ("ROPS") and section 34180 requires the Oversight Board to approve same, after which it is to be transmitted to the County Administrative Officer, the County Auditor -Controller, the State Controller and the State Department of Finance ("DOF"); and, WHEREAS, Section 34177(o) provides that each ROPS shall be forward looking to the next one year; and, WHEREAS, the County will not make any payments of property taxes to the Successor Agency for use in payment of the obligations listed on the ROPS until the ROPS has been approved by the Oversight Board. Any delay in such payment could impair the Successor Agency's ability to make payments for the enforceable obligations; and, WHEREAS, on January 15, 2020, the City of Baldwin Park Successor Agency approved the ROPS 20-21 for the period July 1, 2020 through June 30, 2021, and a copy of ROPS 20-21 is attached; and, WHEREAS, the Successor Agency must submit an Oversight Board approved ROPS for the period of July 1, 2020 through June 30, 2021, to the DOF no later than February 1, 2020; and, WHEREAS, per AB 1484, all actions taken by the Oversight Board must be adopted by resolution. NOW THEREFORE, THE LOS ANGELES COUNTY FIRST SUPERVISORIAL DISTRICT CONSOLIDATED OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY OF THE FORMER REDEVELOPEMENT AGENCY TO THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND FIND AS FOLLOWS: SECTION 1. The ROPS 20-21 for the period of July 1, 2020 through June 30, 2021 attached hereto as Attachment 3 is hereby approved. SECTION 2. Successor Agency staff is directed to provide a copy of this Resolution along with the approved ROPS to the County Executive Officer, the County Auditor -Controller, the State Controller's Office, and the State Department of Finance. PASSED, APPROVED AND ADOPTED this 27th day of January, 2020, by the following vote: Ayes: Noes: Abstain: Absent: Chair, First District Consolidated Oversight Board ATTEST: Olga J. Castaneda, Deputy Clerk First District Consolidated Oversight Board STAFF REPORT TO: FROM: DATE: SUBJECT: ITEM NO. 115 Honorable Mayor and Members of the City Council Lourdes Morales, Chief Deputy City Clerk,?, January 15, 2020 UJOY Review of Commission Applications and Consideration of Appointments/Reappointments to Fill the Scheduled Vacancies for the Planning Commission SUMMARY This report requests further clarification from the City Council on commission appointments made to the Planning Commission during the City Council meeting held on December 4, 2019. RECOMMENDATION Staff recommends that the City Council review all commission applications to the Planning Commission and make respective appointments: 4 open seats Office Nos. 1,3, & 5 - Terms to June 30, 2020 Planning Roster as of 12/3/19 New Applicants Office #1 - Edwin Borques Term Expired- 6/30/2019 Office #2 - Vacant Nancy Lozano Office #3 - Christopher Saenz Term Expired - 6/30/2018 Office #4 - Christopher Garrido Term Expires - 6/30/2021 Office #5 - Edith Flores Term Expired - 6/30/2018 Planning Commission Applicants Incumbent Commission Applicants New Applicants Christopher Saenz Marlen Garcia Edith Flores Ruiz Nancy Lozano Edwin Borques Mario Marcie[ Jr. Christopher Garrido Gustavo Cuadra BACKGROUND During the City Council Meeting of December 4, 2019, the City Council unanimously appointed Marlene Garcia and Nancy Lozano to the Planning Commission based on the chart of applicants. However, the chart depicted the name of incumbents and new applicants interested in the position rather than the vacancies/expired terms. Currently, the updated roster for Planning Commission includes Christopher Saenz, Edith Flores Ruiz, Edwin Borques, Marlene Garcia, and Nancy Lozano. Upon further review, staff noticed the newly appointed Planning Commissioners had not been appropriately appointed to a specific seat. Thus, staff is respectfully requesting City Council revisit the Planning Commission appointments, and clarify newly appointed and reappointed commissioners to a specific seat. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Exhibit "A" — Commission Applications 2. Exhibit "B" — Current Roster of Commission Members 3. Exhibit "C" — Roster of Commission Members prior to 12/4/19 OKA— CITY OF BALDWIN PARK GURRf:N7 COPY QF ?: JUN 14 2M .A: uriuirIi;4.ANp.; APPLICATION FOR CITY COMMISSION p ?p.Y., QF YOi�R And C17YOFBALDMN RW STATEMENT OF QUALIFICATIONS cmrcUR60t0ar APPLICATION IS FOR THE FOLLOWING COMMISSION: �� �/ dw .%I A)L Name C(AX, Residence Address Length of time at this Address: --.3 E address: Home Phone No, 4=0010• C -MOA ssage Phone No. _ Are you 18 years of age or older? 7 Are you registered to vote In tie Cky of Baldwin Do you currently now a6 an elected or appointed or for any board andlor agency wlMtirt the Cky p1 Baldwin Park? If yes, tame of agency and position: Arn1 as Wy. C.0 k& t,A.sQ t c�N EDUCATION: Circle Hghest grade you completed 1 2 3 4 5 6 7 8 9 10 11 12 High School GradueM? „F3;:—f1— 4.E.D.? EMPLOYMENT INFORMATION I EXPERIENCE: V REFERENCES: Please provide the names of two (Q) persons, who are riot City of Baldwin Park Elected or Appointed Ofttohds and who can comment on your capabilities and character. IMPORTANT: Read the (blowing carefully and arwwer completely. A conviction is rat an automatic bar to appokabnent Each am Is conetdered on Its IncMvldual nw*. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?�_ It yes, Please Net all offenses, data and place of offerae(s), and sen%noelMne received: f — %'(, t -J� Date ACKNOWLEDpEMENT)CERWICATiON: 1 understand Baal upon Nng, Bds application Mmes a public recwid. I am* under penally o�f under Bae laws of B» Mata of C&Jftnts Bast on forego Is hila and cwrm ----' Residency verification: ❑ Yes ❑ No Date: Residency verification: ❑ Yes ❑ No Dater verification: ❑ Yes ❑ No Voter Registration Verification: ❑ Yes ❑ No Appointment date: Tenn expires: Name Cfl1�-�sRbiQt-��-- ' Commission Requested: ,��--hni•a�^1C— ----- -- ST TEMENT OF QUAUFICATIONS: Use this space to Net your goals and objectives wW why you feel you should be appointed to the commission for which you are applying. Please include any additional Information you feel will be beneficial to the Council in consideration of your appointment to this commission. Date, Sion Notke: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on No for two (2) years. During this time, should a vacancy occur In the commission for which you have requested consideration of appointment, your application will be Included In the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide cumsnt proof of residency with each recruitment will Invalidate this application. Christopher Saenz 1 Honorable Mayor and City Council City of Baldwin Park 3 i 14403 E Pacific Avenue Baldwin Park CA 91706 Honorable Mayor and City Council; Having had the pleasure to serve the City Council and Planning Division as a Planning Commissioner for the past several months, I once again submit my application for consideration for the reappointment to the Planning Commission. Studying and receiving my undergraduate degree from a research university has certainly afforded me the resources and experience to research, deliberate, and ultimately reach an Impartial and sound decision. These tools have allowed me to work cohesively with the Planning Commission over the past several months to further promote and advance projects that will benefit Baldwin Park and its residents. t. 4 It is my goal to continue serving on the Planning Commission, working in tandem with the City Council and the community, to continue making Baldwin Park beautiful For our future generations. '• f i Rege I Christopher Saenz M3 RECEIVED i'i�.�s:Arrgct3A : CITY OF BALDWIN PARK ::CURR0NT:-0OFYQF APPLICATION FOR CITY COMMISSION .9M will YA A Urlr .i��--ANP.: A`tOPY Y41!!t: And PHaro. STATEMENT OF QUALIFICATIONS - Y CITY OF BN pW1N PARK APPLICATION IS FOR THE FOLLOWING COMMISSION:Planning Commission Is PERSONAL INFORMATION: Name Edith Fbres Ruiz Residence Address - Length of time at 16 Address: 1 � E-mail address: Home Phone No ]J,� C91144essage Phone No 626 -340 -OM Are you is years of age or older? Yes Are you registered to vola in the qty of eaIdwin Park? Yes Do you ourrentiy serve mean elooted' or appolnted offtolal for any board artdlor agency %*dn the City of Baldwin Park? No If yes, name of agency and position:, City, of O A dvAn P -A EDUCATION;. Circle Highest grade you completed: 1 2 3 4 b 8 7 8 9 10 11 12 High School Graduate? =! t3 E.D.? Cal State University, Los Angeles Civil Engineering No Cal State University, Los Angeles Civil Engineering 114o EMPLOYMENT INFORMATION I EXPERIENCE- CrosbyTave Consultants Project Planner' February 2018 - Present CrosbyTave Consultants I Project Planner I February 2018 - Present REFERENCES: Please provide the names of two (Q) persons, who are not Cky of SoMwIn Park Elected or Appointed OfIldals and who can oomroant on your capabMies and character. IMPORTANT: Read the folbwlrtg carefully and anewer oompletddy. A conviction Is not an automatic bar to appohltmatt. Each ease le considered of its Inclilvicktal merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? NO If yea, Plesee Net ati offenses, date and place of offenses), and sentencefline recehred: ACKNOW L.EDGEMENTICERT IFMTION: I understand Thal upon 11w. no appltoaaon s a pMc rsoont 1 only unit pen* or perjury ands the kW of 1110 810te of Catifomla tart tier fm 9 ft le we and commit �I281�� Date Signature •s::• sr;, s."r..... 'e i,+','' •-^•.��,:.,t..••S- °r:i.,i�.',CF'.e6• j.�,.�.c:".•a ti; ;;ITd).1>fo ' t�3�.. dyW;1hI$�I:itlla,;4's: � il.► .n . r�: r• . J x4 Residency verification: CI Yds O No Date: VotcrRogiamdon VariSoation: 13 Yes © No RcWderay veMcation: D Yos Ymification: 0 Yes ❑ No Data: Appoinhnent date: Q No Dalo• Tam expires: Name OD i-rt4- JF. P,ui Z CommleslonRequested: `lel-l�1`��P�11 6%L�-5(op Use this space to list your goals and objectives and why you feel you .should be appointed to the oommission for which you are applying. Please include any additional Information you feel WIN be beneflolal to the Council In consideration of your appointment to this commission. �A� �oOftLS PrJ`�� UB�GTt VAS ,,t � Tta Ste' ly� j et 7ICE Hj5 GIT WDF 6.1-77WI>J P> � 1 LQV t phi q='D(Zt)& f'12 PLSU.TtFt c&Tt 613 of Tt4:F.: C cT4e 8-12b $p -,"t' t P:re (fies-T b r— -r*tE CQhll6,U P LTL?, --r O l L4- �L�Vt07-5 ,��' t 1-7 Gi "7tc V >✓ Lt, �t�� � t� 1 LL- t� i� t. � E -r ,/Vl � O ��01�.� A i� 'D '�'>� � iz µ � Jam. '"C't�'� � .s .T- a c.�c-`t" GO 1►��,�''"� W titL-E !2 G, 1T`t' capes PC t t> fdot w: Please be ad*ed that you and your quallAcatlons may be discussed by the City Council at on open meeting. This Application and Statement of Qualification wHI be kept on ire for two (2) years. During this time, shauid a vacancy occur In the commission for whkh you have requested consideration of appointmen4 your appticatlon will be Included In the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. PaNure to provide current prof of residency with each recruitment will invalidate this application. MEIVED P4EASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY OF APPLICATION FOR CITY COMMISSION A UTILITY MILL AND JUN � 2 $ 20 A COPY OF YOUR PHOTO ID STATEMENT OF QUALIFICATIONS QWOFAMD"FARK APPLICATION IS FOR THE FOLLOWING COMMISSION: ---0 PERSONAL INFORMATION: Name INn-trs"ta- Residence Address - - r -=- Length of bw at this Address: ` E -mall address: Home Thaw No CeiVMessage Phone No. Are you is years of age or older? 4 rgL$2" Are you registered to vote M the City of Baldwin Park?2!" Do you currently serve as an elected or appointed official for any board and/" agency within the City of Sakk* Park? If yea, warns of agency and poeitim: 'P LAA1 1--J t NG,�O , c��•o k 11 tar. EDUCATION: Circle Highest grad you completed: 1 2 3 4 6 6 T 8 8 10 11 e(Z) High School Graduate?�, `�; G.E.D.? REFERENCES: Plea a provide the names of two (0) Persons, who are not City of S&WM Park 0eated or Appointed Oftiolale and who can ownrnent on your capabilities and character. A, IMPORTANT: Read the follwMng carefuity and answer completely. A oorModon Is not an automatic bar to appointment. Eads oaew ic considered on Its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?, If yes. Please Nat all offenses, date and place of offense(s), and sentenceNlne received: i ACKNOWLEDGEMMICIRTIPICAT1016 I understand that upon filing, fhis epploeflm bo=ors a pubo record. I a** Ismer penalty of peduty carder ttw laws of to State or CNfornia that the kvoP o Is true and correct. Date Signature Rosidoncy voriRoafiou: ❑ Yes ❑ No Date: Voter Registration Veritfostic ❑ Yee ❑ No Residency verification: ❑ Yes ❑ No Datc: Appointmoat demo: verification: ❑ Yes []No Term UL' Name t `" t f� �?�l U W���t c Commission Requested:, STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please kidude any additional Information you feel will be beneffolal to the Council In consideration of your appointment to this commissi m. �-� 1Pte�n�r' t� ��- ��"�' 4�•'t�3 A�r1s� L�'�new- t7�►� i ,.. Date: LZ'7L\11?> 1 - Signature Notice: Please be advised that you and your quaNfications may be discussed by the City Council at an open meeting, This Application and Statement of Qualification will be kept on file for two (2) years. During this One, should a vacancy occur in the commission for which you have requested consideration of appo/ntmentt your apptloation will be included In the pool of applicants provided however, that you submit current proof of residency at the time of sail► recruitment. Failure to provide current proof of residency with each recruitment wN Invalidate this app kOdon. MIC RECEIVED CITY OF BALDWIN PARK jo$2=1 A T APPLICATION FOR CITY COMMISSION JUT, W.0 O10- 41 And nMSMALIDDNM STATEMENT OF QUALIFICATIONS APPLICATION 13 FOR THE FOLLOWING COMMISSION: Planning Nrsrte Mallen Gama ResidenceAddress - 1.wQlh of this at thle Address: 20 M E -mall address: Hone pww Na None CelliMessage Phone No Are you is years of age of ~ Yes Am you raglelerad to vote In the Cky of Baldwin Park?_10_8 Do you currently serve as an elected or appointed official for any board and/or spM Wft the City Of Baldwin Park? No If yes, name of agency and position: EDUCATION. Cirde Highest grade you cwpMed: 1 2 3 4 6 6 7 8 9 10 11 High School Graduate? �Am&37W-e le'dinjW dalkg& Business Administration WAis A CAmnww'ft1 Gkv., I Business Administration No EMPLOYMENT INFORMATION / EXPERIENCE: REFERENCES: Please pvAde the names of two (@) persons, who are not City of Baldwin Park Elected or APPQk*d Offlolft and Who can comment on yaw cepalgilles and charader. IMPORTANT, Read the following carefully and answer completely. A conviction Is not an autornalle bar to appoinkent. Each one Is considered an Its individual merits. No HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please Id sit ofluives, date and piece or offense(s), and sentenosollne received: /vJA ACKNOWLEDGENWXERTIMCATION: I wulamtend that upon OV. Oft application beCOM03 0 *110 F0004. I OW11110 WKW Penalty of pedtxy under the ft" of the 89ste of 0811110mls Md the Aregoing at 17" gen Dde Signature 7-77-77777771. Residency vorifleallon, 0 Yes 0 No Date. Voter Registration Verification: 11 Yes 0 No Residency verification: 11 Yes D No Date: Appointment date-, Residency verification; 0 Yes 11 No Date:--__ Tam expires: Name Marlen Garcia Commission Requested: Planning T-& MER X OF QUAt.IRICATIONS Use this space to list your goals and ob)scdves and why you feel your should be appointed to the commission for which you are applying. Please include any additional Information you feel wig be beneficial to the Council In consideration of your appointment to this commission. Having served on the Bakiwin Park City Council as elected Council Member from 1998 to 2014,1 possess extensive experience in the planning of our city and understand well the needs of our community. I want to invest this knowledge and experience Into constructive use and continue the path of improving our zky. I have extensive expert" In land use criteria and policy, conditional use permits, the City of Baldwin Park General Plan and many other Important facets of community planning. I am a property owner in the City of Baldwin Park, I have raised two (2) children who attended BPUSD and I work in the city. I know the Importance of a safe and Aveable community and my goal, if selected as a Planning Commissioner, is to continue to evolve Baldwin Park Into a thriving city. Notice: Please be adWsed that you and your quaNftcations may be discussed by the City Coundl at an open meeting. This Apphoation and Statement of Qualification will be kepton No for two (2) years. During this time, should a vacancy occur In the commission for which you have requested consideration of appodntment, your appftbon will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said reowltment. Fa,fure to provide current proof of residency with each recruitment wilt dnvalktate this appikaedon. RECEIVED PLsE �Ti'AC�A CITY OF BALDWIN PARK JAN p 9101 c►` eopY o APPLICATION FOR CITY COMMISSION ltTiL -Y-00,:y And Cm OF BALDWIN PARK ►:Gb1Q .R;:; ` MYCLERKSDEPAR'fM HT :^'To1i�.: STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: P G(Y1 Y1 j Vt cr�yy t7�Yt {M i 5 S t A rrl M smarate manficaHon is reauired for each commissfon) PERSONAL INFORMATION: Name QhYiSAD V)e•V Residence Address _ Lenp of Mme at this Address: Kill 15 -mall address r Home PhoneNa N f A Call/Message Phone No. Are you 18 years of age or older? W S Are you registered to vote In the City of Baldwin Park? Do you currently serve as an elected or appointed official for any board and/or agency within the Cky of Baldwin Park? hd If yes, name of agency and poslNon: EDUCATION: Circle Highest grade you omplsted: 1 2 3 4 6 8 7 8 8 10 11 V Hilt School Graduate? _� O.E.D.?= LSV UA1AYSj 1 V-�r4ono 06d -A fl NP o� i;OvntACIAAt tars 11SC, SnI arum Icfto1 ptl�liG !�� iG,/ O EMPLOYMENT INFORMATION � EXPERIENCE: REFER13MCES: Please provide the n+enes of two (@) persons, who are not City of Batdwin Park.Eleded or Appointed OMcials and who can comnwnt on your capabilities and character. IMPORTANT: Read the following carefully+ and answer completely. A conviction Is not an autornatio bar to appointment. Each Daae Is considered on Its Individual merles. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR tiAIMMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? �V If yes, Please list erg offenses, date and piece of offence(s), and sentence/iirne received: ism.* Date Residency verification: ❑ Yes ❑ No Dater P.Wdoncy verification: ❑ Yes ❑ No Mato: 1Ns Rin f»cwrres s pubNa rsoord. I owtNjr u�N1E or tris 8gds of Callomld that tl» faegoing Voter Re*1ration Van&ation: ❑ Yes ❑ M Appofntmeat date: mftadow ❑ Yes ❑ No Dais: Tom Name 1� ��1 1 C G S Commission Requested:, V► t Vg e, .— Use this space to list your goats and objectives and why you feel you should be appointed to the oommission for whtoh you am applying. Please include any additional Information you feel Will be beneficial to the Counoil in consideration of your appointment to this oommisslon. Date: Z �1 Notloe; Please be advised that you and your qualift0ons, may be discussed by the City Cour# at an open meeting. This Appkailon and Statement of Queftedon will be kept on file for two (2) years. During this time, should a vacancy occur in the oommissMn for whloh you have requested consklen#lon of appolnhrhent, your appNcadon will be included In the pool of appNcants provided however, drat you submit current proof of resldenoy at the time of said reaultment. Failure to proWde current proof of residency with each neorultment wNl InvaMte this applloatlon. In applying for this commission first and foremost I feel that it would be a privilege to serve the great city of Baldwin Park. As a Planning Commissioner there Is a responsibility to be a representative to the people. My goals as a Planning Commissioner would be to serve with tact and diplomacy. To listen, learn, and be mindful in any decisions being made. To work with my fellow Planning Commissioners to ensure a balanced and decisive group that has the best interest of the Community at heart. If appointed I would like to take this two-year term to help create and cavy out policies regarding the physical development of the city of Baldwin Park. Date: 01/29/2419 Christopher F. Garrido REala.11 SIJ PLEASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY OF APPLICATION FOR CITY COMMISSION JUL��t9 A UTILITY BILL AND A COPY OF YOUR And C11Y0Ff3A W1NPM PHOTO ID STATEMENT OF QUALIFICATIONS CI YCIDI(SoEPARTMENT APPLICATION IS FOR THE FOLLOWING COMMISSION: ------► �QN» ��,� /d asnnrA ss Annflnaf/nn int rran�ilriarf fnr Rar_h Cem»1is4lenl — PERSONAL INFORMATION: Name Residence Address Length of time at this Addres E-mail address: Home Phone No. r) La Cell/Message Phone No. Are you 18 years of age or older? VI -0-5 Are you registered to vote in the City of Baldwin Park? W5 Do you currently serve as an elected or appointed offs lal for any board and/or agency within the City of Baldwin Park? _ If yes, name of agency and position: n '0""''4 F /?'1!2'1155! nra EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 0 High School Graduate?_ G.E.D.? Name and Location of College or Universil Course of Study I D UJB' L 'ScoriascienceBA LA CA EMPLOYMENT INFORMATION / EXPERIENCE: Name ago 64ft§a Q1 Employqr(sl Position de Dates of EmNoyment / ar i - . /665 ZOO, Sr.Lqqs Come !� it REFERENCES: Please provide the names of two (fid) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Namg Phone No. dehooh view IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on Its individual merits. IV49 HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWLEDGEMENT/CERTIFICATION: I understand that upon till this application becomes a public record. I certify under penalty of perju nder I laV4 the St e f C mia that the foregoing is true and correct. j/�} I/� -73V ! `�/ Date Signature Do Not Write Below this Line - For City Use Only Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verification: ❑ Yes ❑ No Date: Tenn expires: Name Pd/,t)/Y7 f�OfCil1S Commission Requested: l�Jlal7l�lYIL1 _ __ STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. Date: -7-3o—/47 Signature Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years, curing this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this application. PLEASE ATTACH A CITY OF BALDWIN PARK 'Jut 3 12" CURRENT COPY OF A UTILITY BILL AND APPLICATION FOR CITY COMMISSION OhAAtCNMIIIlAARtC A COPY OF YOUR And I;"1�4tKSDEPAirtMEN1" PHOTO ID STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: . I W-AWNP,4G Is regruired for each commission) ' ' TION: Residence Addres Length of time at this Address: E-mail address: mom Home Phone No. Celt/Message Phone Are you 18 years of age or older? U_A Are you registered to vote In the City of Baldwin Park? Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? _ 0 If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 l.! High School Graduate? U g J6 G.E.D.? bu, EMPLOYMENT INFORMATION / EXPERIENCE: �� ►h_IuT�>Till sCIZ �Z�I1 TiiT1I]'IIIf9 �;i�31tL•I7�1�11=�� sF1=- $ A.RWRI1.17M1-1ME # l gra REFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely. A conviction Is nota automatic bar to appointment. Each case Is considered on Its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?. Q4 If unit Plaara Iiat all nffaman (fate anti nlana of nffAnQAf4t and Sianlafl/tA/nna rm aluarl• V Ls I understand that u "ng, this applicat!9"scofnes a pWic record. 1 certify under penalty or u under the I the State of California that the foregoing Is true and co 1. -71,30119 Qate g e Do Not Write Below this Line - For City Use Only Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification ❑ Yes ❑ No Date: Appointment date Residency verirleation: ❑ Yes D No Date: Term expires: Name Cl,/,S v O Cl//W/041 Commission Requested: �N � STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. 5E� Date: Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Quallficatlon will be kept on file for two (2) years. During this time, should a vacancy occur In the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this application. As a lifelong resident of the City of Baldwin Park, I have seen this city evolve into the diverse, vibrant community it is today. Having moved through the BPUSD school system, frequenting local retailers, and attending community events, my Baldwin Park roots run deep. With all that this city has given to me through the years, I feel now is my time to give back. It is my hope that an appointment to the Planning Commission will afford me the opportunity to be intimately involved in the collective decision-making which directly affects the business owners and residents of our city. This work cannot be understated. The people of our city deserve a fair and transparent commission which has their best interests in mind. My goal will be to come into this position with an open mind, a penchant to learn, an inquisitive nature, and an ability to speak truth to power. These public commissions carry with it a level of public trust which must be preserved and even elevated. Each commission's ultimate responsibility is to serve the public with the public's best interest in mind. Having been a career civil servant with the City of Los Angeles, I have first-hand experience in serving the public's interest. My assignments include LAPD Internal Affairs, Office of the Chief of Police, LAPD Media Relations, Department of Water & Power, Personnel Department and the Office of the City Administrative Officer. I have also covered or presented at Board of Police Commissioners meetings and the Los Angeles City Council. I have a working knowledge of the laws which govern public meetings and have worked for some of the highest ranking executives in Los Angeles City government. In addition, I hold a Bachelor's degree in Communications and a Master's degree in Public Administration. I appreciate the opportunity to apply for the Planning Commission and thank you in advance for your consideration. PLEASE ATTACH A CURRENT COPY OF A UTILITY BILL AND A COPY OF YOUR PHOTO ID CITY OF BALDWIN PARK APPLICATION FOR CITY COMMISSION And STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: (A separate application is required for each commission) PERSONAL INFORMATION: Name / V /�J'�� i% 'C�✓/% Residence r JUN 2 7 2019 Length of time at this Address: 3P? r; E-mail address: Home Phone No Cell/Message Phone No. Are you 18 years of age or older? Are you registered to vote in the City of Baldwin Park?+ Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 6 6 7 8 9 10 11 12 High School Graduate? _Yef G.E.D.? ��?�/�5,� ,��,�%C' �%11.�`�""�D��G�-`�c�✓ �°Sj�Clft��t�. y�/ /x'%!15` EMPLOYMENT INFORMATION / EXPERIENCE: REFERENCES: Please provide the names of -two (@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its Individual merits. i HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?(✓ If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWLEDGEMENT/CERTIFICATION: I understand that upon filing, this application becomes a public record. I certify and nalty of perjuryand the laws of the State of Californiathat the foregoing 1-2,7711ls rue andVprre67 . Date Signatur y _ Da NpkU3lr'It®kBetdw thWLlI FOClt !060r Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verification: 0 Yes ❑ No Date:,,_ _ Term exvires: Name 4`I li A7 �V�-' Commission Requested: STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. Zk(G/1/ lTi' 1 /-//,//t/ /"/ z /1,nl``- r. is/�-17, l �G ter. /At/ //!IQ �2'197'!l/fJt�,�,,' . r I�%�� ,�tGCY/.�ls�`/'�'l �/YfL-l'/t�t� �•�J' !�' � t Date. ''11-Y Mrd , - Sig Notice: Please be advised that you and your qualifications meeting. by the City Council at an open This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be Included In the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this application. cc J CU N 0 0 E > > I I > I > I > I O Lo c H M e� �# ILN d d d 41 G> w An E O O O O O U a> v Z Z Z Z Z Z Z Im i i > �! to U I I i > I I OCOm � # ��Iyy ��I• = C O d d d d d d Vo CN CG G O U LU W 3" C ZE '` v Ua c > N d X v dp eye z ' I 20 t 8 o A x CU a 1 OCO o U' i o v a m a LL O E �` C L y t W CL I CL m z° V c`�i 2 �QW ti w Li Cc d cc C7 tv NN m O N N S p N LL N C C) CL cs O :5 6 NaM�aM f0 4 W c0 � V N W ..�.. t/J •� ��-. y I N iii CL CL X 0 CL V Q dQ . aQ CN_ C _ 0 U ro E O H Z Z Z Z Z J Q Q Q Q Q N .. U U U U 0— I I I I I vim_ � 0-i O O O v b N E E O U 0 m t Z V Z Z V v Z Z Z Z g V U V V IM C .' y O O O O O O N E E O U NO d Z Z F U a a Q c i > Q N J) H = h � ti F 1 1 9 g�' Z Q m,0 C�; Z Q —0) 3O, Z s Q 1 3~ Q 0e�- Q CSM � Q Y = E Z' I V 0 w o I 1 �- ::11 i a. I d E ON r ;k C N CCN M 4k O o '� N uj 1 s:� w c N d CL ax 33 X05 C L � o O < O Qw O m _N W o Z Go A O U ) E U U O 0 O 3, sit .4 o C 14.1 0� p 04 ^O LL Of Z' C�.� CO 00 o CZp ZQ ;Eo C V ���M d O W M Co W I c V °= 'o .c .. U .o I N __. o 0 1 c+� Q CL I 1 CL,a 0 N CLI y UQ �QQlllQa,. E ts. o4< O 0 tAp} O O a'"i 0 y 0 N U 0 U O 0 U 90 STAFF REPORT 6 ITEM NO. I TO: Honorable Mayor and Members of the City Council FROM: Shannon Yauchzee, CEO Lourdes Morales, Chief Deputy City Clerk DATE: January 15, 2020 SUBJECT: Reorganization of the City Council — Selection of Mayor Pro Tempore SUMMARY The purpose of this report is to complete the reorganization of the City Council with the selection of a new Mayor Pro Tempore as spelled out in the Baldwin Park Municipal Code. RECOMMENDATION Staff recommends City Council complete the reorganization of the City Council and follow procedures as suggested for the selection of Mayor Pro Tempore as follows: 1) The City Clerk opens the nominations for the office of Mayor Pro Tempore. Any Councilmember may nominate and no second to the nomination is required; and 2) After receiving nominations, the City Clerk closes the nominations; and 3) The City Clerk then conducts the election of the Mayor Pro Tempore by roll call vote. If there is more than one nomination, a roll call vote is conducted in the order in which nominations are received until a Mayor Pro Tempore is elected by majority vote. FISCAL IMPACT There is no fiscal impact associated with this item. BACKGROUND In accordance with Ordinance No. 1249, which established section 30.02 it is appropriate at this time to reorganize the City Council and select one of its members as Mayor Pro Tempore. Attachment 1 shows the recent rotation of Mayor Pro Tem. § 30.02 COUNCIL REORGANIZATION. The Council shall reorganize and select one of its members as Mayor Pro Tempore, on the following occasions: (A) In even -numbered years at the Council meeting at which the canvass of the results of the general municipal election are declared. (B) In odd -numbered years at the first regular meeting conducted in the month of December. (C) At such other times as a majority of the City Council shall order. ALTERNATIVES None LEGAL REVIEW This report has been reviewed and approved by the City Attorney. ATTACHMENTS #1 — Mayor Pro Tempore Roster P , A, R• K CITY OF BALDWIN PARK ROSTER OF MAYORS AND MAYOR PRO TEM'S MAYOR APPOINTED MAYOR PRO TEM APPOINTED HenryJ. Littlejohn January 25, 1956 Lynn H. Cole January 1956 Hub H. Bloxham April 17, 1956 to March 4, 1957 Henry J. Littlejohn April 1956 HenryJ. Littlejohn June 3, 1957 Lynn H. Cole June 1957 Lynn H. Cole Aril 15, 1958 HenryJ. Littlejohn Aril 1958 Lynn H. Cole Aril 1959 HenryJ. Littlejohn Aril 1959 Lynn H. Cole Aril 19, 1960 Letcher Bishop Aril 1960 Letcher Bishop June 19, 1961 HenryJ. Littlejohn Aril 1961 Letcher Bishop Aril 10, 1962 Donald V. Holmes Aril 1962 Hub H. Bloxham Aril 17, 1963 Donald V. Holmes Aril 1963 Charles E. Morehead Aril 21, 1964 Adelina Gregory Aril 1964 Ivory D. Crites Aril 20, 1965 Adelina Gregory Aril 1965 Joseph McCaron Aril 19, 1966 Charles E. Morehead Aril 1966 Charles E. Morehead Aril 5, 1967 Ivory D. Crites Aril 1967 Joseph McCaron Aril 17, 1968 Charles E. Morehead Aril 1968 Joseph McCaron Aril 16, 1969 Charles E. Morehead Aril 1969 Joseph McCaron Aril 14, 1970 Adelina Gregory Aril 1970 Adelina Gregory Aril 7, 1971 Russell E. Blewett Aril 1971 Russell E. Blewett Aril 18, 1972 Leo W. King Aril 1972 Leo W. King Aril 17, 1973 Virgil V. Hamilton Aril 1973 Virgil V. Hamilton March 12, 1974 Adelina Gregory March 1974 Virgil V. Hamilton March 5, 1975 Joseph McCaron March 1975 Emmit R. Waldo Recalled 11/22/77 March 9, 1976 Jerry R. Kitchel Recalled 11/22/77 March 1976 Russell E. Blewett December 2, 1977 Virgil V. Hamilton December 1977 Russell E. Blewett (Resigned 10/18/78 March 14, 1978 Jack B. White March 1978 Jack B. White November 1, 1978 Robert H. McNeill November 1978 Jack B. White March 7, 1979 Felipe Aguilar, Jr. March 1979 THE MAYOR BECAME A "DIRECTLY ELECTED BY THE PEOPLE" OFFICE IN 1980 MAYOR ELECTED MAYOR PRO TEM APPOINTED Jack B. White April 8, 1980 Robert H. McNeill Leo W. King April 1980 Aril 1981 Jack B. White April 13, 1982 Bobbie W. Izell Robert H. McNeill April 1982 Aril 1983 Roster of Mayors and Mayor Pro Terns Page 2 MAYOR ELECTED MAYOR PRO TEM APPOINTED Jack B. White Aril 10, 1984 1 Leo W. King Aril 1984 ** April 1986 Election Cancelled due to insufficient candidate filing - o ly incumbents filed ** Jack B. White Richard Gibson April 1986 (Recalled 3/31/87) Richard Gibson Aril 1987 Leo W. King July 21, 1987 Bobbie W. Izell August 1987 Leo W. King April 19, 1988 Julia S. McNeill April 1988 (Resigned 12/2/89) Bette L. Lowes Aril 1989 Bette L. Lowes April 17, 1990 Julia S. McNeill April 1990 Juliia S. McNeill Aril 1991 Fidel A. Vargas April 21, 1992 Martin Gallegos April 1992 Martin Gallegos Aril 1993 Fidel A. Vargas April 14, 1994 Raul Martinez April 1994 Raul Martinez April 1995 Teri Muse Aril 1996 Bette Lowes March 4, 1997 Teri Muse March 1997 Manuel Lozano March 1998 Manuel Lozano March 2, 1999 Wm. "Bill' Van Cleave March 1999 Ricardo Pacheco March 2000 Manuel Lozano March 6, 2001 Linda Gair March 2001 Marlen Garcia March 2002 Manuel Lozano March 4, 2003 Wm. "Bill" Van Cleave March 2003 Ricardo Pacheco *March 2004 to December 2005 *Term extended due to change in election date from March to November of Odd years Manuel Lozano November 8, 2005 David J. Olivas December 21, 2005 Marlen Garcia December 6, 2006 Manuel Lozano November 6, 2007 Anthony J. Bejarano December 5, 2007 Monica Garcia December 17, 2008 Manuel Lozano November 3, 2009 Ricardo Pacheco December 16, 2009 Marlen Garcia December 1, 2010 Manuel Lozano November 8, 2011 Susan Rubio December 7, 2011 Monica Garcia December 5, 2012 Manuel Lozano November 5, 2013 Ricardo Pacheco: December 4, 2013 Cruz Baca December 3, 2014 Manuel Lozano November 3, 2015 Monica Garcia December 16, 2015 Susan Rubio December 7, 2016 Manuel Lozano November 3, 2015 Ricardo Pacheco December 6, 2017 (election moved to even Monica Garcia December 4, 2018 # of ears Manuel Lozano January 15, 2020 AGENDA BALDWIN PARK FINANCE AUTHORITY JANUARY 15, 2019 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 Q� XL %�► U 110 F tJ SAKI GAB R I E L VAL=LEY' ,+a 0. Manuel Lozano - Chair Monica Garcia - Vice Chair Alejandra Avila - Board Member Paul C. Hernandez - Board Member Ricardo Pacheco - Board Member PLEASE TURN OFF CELL PHONES AND PAGERS WH/LE MEET/NG /S /N PROCESS POR FAVOR DEAPAGAR SUS TELEFONOS CELULARES YBEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the Housing Authority Se invita al publico a dirigirse a la Agencia nombrada en esta on any matter posted on the agenda or on any other agenda, para hablar sobre cualquier asunto publicado en matter within its jurisdiction. If you wish to address the la agenda o cualquier tema que est6 bajo su jurisdicci6n. Board, you may do so during the PUBLIC Si usted desea la oportunidad de dirigirse a la Agencia, podra COMMUNICATIONS period noted on the agenda. Each hacerlo durante el periodo de Comentarios del Publico (Public person is allowed three (3) minutes speaking time. A Communications) anunciado en la agenda. A cada persona se Spanish speaking interpreter is available for your le permite hablar por tres (3) minutos. Hay un interprete para su convenience. conveniencia. 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 Finance 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: Alejandra Avila, Paul C. Hernandez, Ricardo Pacheco Vice Chair Monica Garcia 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 comisi6N No se podra tomar acci6n en algOn asunto a menos que sea incluido en la agenda, o a menos que exista algOna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar asuntos para tomar en consideraci6n en juntas proximas. [CodigodeGobiemo §54954.2] CONSENT CALENDAR 1. Treasurer's Report — November 2019 Staff recommends that the Board receive and file the Treasurer's Report for November 2019. ADJOURNMENT CERTIFICATION 1, Lourdes Morales, Chief Deputy 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 9th day of January, 2020. 4m-04 Lourdes Morales, Chief Deputy 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, 211 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 lmorales(a_-)baldwinpark. com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE 11) ITEM NO. TO: Honorable Chair and Board Members of the Financing Authority FROM: Rose Tam, Director of Finance DATE: January 15, 2020 SUBJECT: Treasurer's Report — November 2019 SUMMARY Attached is the Treasurer's Report for the month of November 2019. 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. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for November 2019. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report Mo. CITY OF BALDWIN PARK TREASURER'S REPORT 11/30/2019 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIF) City Checking 2,292,810.86 Money Market Plus 133,226.86 City Miscellaneous Cash 129,903.22 City -Including General Fund & all other Special Revenue Funds 2.10% Varies Varies $ 28,492,607.97 $ 28,492,507.97 $ 28,492,607.97 $ 28,492,507.97 Housing Authority 2.10% Varies Varies 13,827.25 13,827.25 13,827.26 13,827.26 28,606,336.22 28,506,335.22 26,506,336.22 28,506,336.22 Certificate of Deposit Citibank National Association (Mutual Securities) 2.65% 1/25/2019 1/25/2021 250,000.00 250,000.00 260,000.00 253,007.50 Goldman Sachs Bk USA NY (Mutual Securities) 2.25% 1/24/2018 1/24/2020 250,000.00 250,000.00 250,000.00 260,262.50 Sallie Mae Bk SILT Lake City UT (Mutual Securities) 2.25% 1/24/2018 1/24/2020 250,000.00 250,000.00 250,000.00 250,262.50 Morgan Stanley Bank N A Utah (Cantella) 2.646/6 4/19/2018 4/20/2020 250,000.00 250,000.00 250,000.00 251,030.00 Barclays Bank Del (Cantella) 3.06% 12/19/2018 12121/2020 260,000.00 250,000.00 250,000.00 253,835.00 Dividend (Cantella) 3,388.16 1,250,000.00 1,250,000.00 1,260,000.00 1,261,785.66 Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 7,847,459.94 7,847,469.94 7,847,469.94 7,847,459.94 Fiscal Agent Funds - Successor Agency (Trust(Debt Service Fund) Varies Varies Varies 20,483.04 20,483.04 20,483.04 20,483.04 7,867,942.98 7,867,942.98 7,867,942.98 7,867,942.98 $ 37,624,278.20 $ 37,636,063.86 37,624,278.20 1 37,624,278.20 $ Total Investments $ 37,624,278.20 Cash with Bankof the West City Checking 2,292,810.86 Money Market Plus 133,226.86 City Miscellaneous Cash 129,903.22 Successor Agency 636,930.25 Housing Authority 207,856.00 Financing Authority 11,700.00 Investment Brokerage 0.00 Total Cash with Bank of the West 3,312,427.18 Total Cash and Investments $ 40,936,705.38 Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report. • There was no investment maturity/purchase transactions made for the month of November 2019 and several deposits/withdrawals were made through 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 m Director of Finance AGENDA BALDWIN PARK HOUSING AUTHORITY JANUARY 15, 2020 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 "'- U ,r. SAN G' 6,R I E L => � �, VA L,LEY ' ; ; 0*4i0 JA�y�p. . Manuel Lozano - Chair Monica Garcia - Vice Chair Alejandra Avila - Board Member Paul C. Hernandez - Board Member Ricardo Pacheco - Board Member PLEASE TURN OFF CELL PHONES AND PAGERS WH/LE MEET/NG /S /N PROCESS POR FAVOR DEAPA GAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the Housing Authority Se invita al publico a dirigirse a la Agencia nombrada en esta on any matter posted on the agenda or on any other agenda, para hablar sobre cualquier asunto publicado en matter within its jurisdiction. If you wish to address the la agenda o cualquier tema que est6 bajo su jurisdiccion. Board, you may do so during the PUBLIC Si usted desea la oportunidad de dirigirse a la Agencia, podra COMMUNICATIONS period noted on the agenda. Each hacerlo durante el periodo de Comentarios del Publico (Public person is allowed three (3) minutes speaking time. A Communications) anunciado en la agenda. A cada persona se Spanish speaking interpreter is available for your le permite hablar por tres (3) minutos. Hay un interprete para su convenience. 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 - 7:30 a.m. - 6:00 p.m.) LL HOUSING AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Alejandra Avila, Paul C. Hernandez, Ricardo Pacheco Vice Chair Monica Garcia and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alglana emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas porpersonas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. Treasurer's Report — November 2019 Staff recommends that the Board receive and file the Treasurer's Report for November 2019. ADJOURNMENT CERTIFICATION I, Lourdes Morales, Chief Deputy 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 9t" day of January, 2020. 6Z�les, Chief Deputy 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, 21d 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 Imorales(a'D_ baldwinpark. com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE 11) ITEM NO. TO: Honorable Chair and Board Members of the Housing Authority FROM: Rose Tam, Director of Finance DATE: January 15, 2020 / SUBJECT: Treasurer's Report — November 2019 SUMMARY Attached is the Treasurer's Report for the month of November 2019. 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. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for November 2019. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT 11/30/2019 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIF) City Checking 2,292,810.86 Money Market Plus 133,226.85 City Miscellaneous Cash 129,903.22 City -Including General Fund 8: all other Special Revenue Funds 2.10% Varies Varies $ 28,492,607.97 $ 28,492,507.97 $ 28,492,607.97 $ 28,492,507.97 Housing Authority 2.10% Varies Varies 13,827.26 13,827.26 13,827.25 13,827.25 28,606,336.22 28,506,335.22 28,506,335.22 28,606,336.22 Certificate of Deposit Citibank National Association (Mutual Securities) 2.66% 1/25/2019 1/25/2021 250,000.00 250,000.00 250,000.00 253,007.50 Goldman Sachs Bk USA NY (Mutual Securities) 2.25% 1/24/2018 1/24/2020 250,000.00 250,000.00 250,000.00 260,262.50 Sallie Mae Bk SILT Lake City UT (Mutual Securities) 2.25% 1/24/2018 1/24/2020 250,000.00 250,000.00 260,000.00 260,262.50 Morgan Stanley Bank N A Utah (Cantella) 2.64% 4/19/2018 4/20/2020 250,000.00 250,000.00 260,000.00 251,030.00 Barclays Bank Del (Cantella) 3.06% 12119/2018 12/21/2020 250,000.00 250,000.00 250,000.00 263,836.00 Dividend (Cantella) 3,388.16 1,260,000.00 1,250,000.00 1,260,000.00 1,261,786.66 Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 7,847,459.94 7,847,459.94 7,847,459.94 7,847,459.94 Fiscal Agent Funds -Successor Agency (Trust/Debt Service Fund) Varies Varies Varies 20,483.04 20,483.04 20,483.04 20,483.04 7,867,942.98 7,867,942.98 7,867,942.98 7,867,942.98 $ 37,624,278.20 $ 37,624,278.20 $ 37,636,083 86 37,624,278.20 $ Total Investments $ 37,624,278.20 Cash with Bank of the West City Checking 2,292,810.86 Money Market Plus 133,226.85 City Miscellaneous Cash 129,903.22 Successor Agency 636,930.25 Housing Authority 207,858.00 Financing Authority 11,700.00 Investment Brokerage 0.00 Total Cash with Bank of the West 3,312,427.18 Total Cash and Investments $ 40,938,708.38 Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report. • There was no investment maturity/purchase transactions made for the month of November 2019 and several deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 63646 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: 1 Rose Am Director of Finance