Cities Index.
Agenda, first session

Lynwood City Council
September 20, 2022

Document
Agenda, first session
Meeting
September 20, 2022
Body
Lynwood City Council
Pages
27
Original file
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SECURITY GUARD SERVICES RFP

EVALUATION RANKING

Attachment “A”

Proposal Evaluation: Maximum 330 Points

Interview: Maximum 100 Points

Ranking
by Points Firm
City of Lynwood
Senior
Management
Analysist
Lynwood Unified
School District
Chief of Security
City of Lynwood
Community
Development
Safety Officer Average
Short-listed
Candidate
Interview
Average
Score
Ranking
based on
Interview
Result
1 Good Guard Security,
Inc. 234 203 274 237 YES

97.5 1
2 Absolute International
Security 206 254 220 226.6 YES
72 4
3 Professional Security
Consultants 223 225 224 224 YES

81.7 3
4 American Guard
Services 220 212 233 221.6 YES

81.5 2
5 American Global
Security 214 221 221 218 NO

6 McLimak Global 188 152 292 210 NO
7 United Security
Services 193 202 202 199 NO
8 Contact Security, Inc. 165 161 249

191

NO

9 California Panther
Security 183 102 286 190 NO
City Council Regular Meeting - Page 441 of 472

ATTACHMENT - A

Page 2 of 2 ends

VENDOR HOURLY RATES AND ESTIMATED ANNUAL COST TO CITY

Note: Security Calculations based on 52 weeks/ 224 hrs/wk = 11,648 annual hours @ (Unarmed bill rate)

11,296 x C (Straight Bill Unarmed Rate) =
352 __ x D (Holiday Pay Rate) =
11,648 = E

Total Estimated Annual Cost = E

A B C D E

SECURITY FIRM

WAGE RATE TO OFFICER

UN-ARMED/ ARMED

STRAIGHT BILL

RATE TO CITY

OVERTIME/HOLIDAY

RATE TO CITY
ESTIMATED ANNUAL COST BASED ON 224

HOURS PER WEEK (UNARMED BILL RATE)
Good Guard Security, Inc $18.00
$20.00
$30.22
$32.76
$42.15
$45.96 $356,191
American Guard Services $18.00
$24.00
$29.94
$38.87
$43.41
$56.36 $353,483
Professional Security Consultants $18.00
$21.00
$29.00
$33.05
$43.50
$49.58 $342,896
Absolute International Security $17.00
$18.50
$34.94
$37.59
$49.52
$53.49 $412,113
American Global Security $18.25
$36.50
$28.56
$52.57
$40.56
$76.57 $336,891
McLimak Global $19.25
$22.75
$31.21
$34.90
$48.13
$56.88 $369,490
United Security Services $25.79
$29.81
$25.79
$29.81
$38.68
$44.71 $304,939
Contact Security, Inc. $17.50
$22.50
$33.73
$47.31
$43.02
$58.79 $396,157
California Panther Security $17.50
$19.50
$26.85
$29.75
$40.28
$44.63 $317,476
City Council Regular Meeting - Page 442 of 472

ATTACHMENT B

Page 1 of 2 ends

Attachment “B”

Security Contract Proposal Evaluation Criteria

Proposals are rated utilizing the following criteria, which are presented below in order of relative importance. (330 total points possible in scoring).

1. Understanding of project and City’s need (50 points possible) a. Understanding of requirements as reflected by proposal. b. Operations approach - method of providing services, handling of absenteeism/scheduling, method of service quality monitoring, provision of customer service and 24/7 support center, number of employees, customer service, supervisory and other support positions.

2. Experience in operating Similar types of Security services (50 points possible)

3. Size of Firm/Financial Capabilities (40 points possible) a. Financial stability.
b. Company experience with similar services of similar size and complexity c. Assurance of uninterrupted service.

4. Management and Operations (40 points possible)
a. Apparent level of corporate support for local operation. b. Other services proposed to be provided at no charge to CITY. c. Qualifications of proposed on-site manager and other critical management personnel.

5. Training (40 points)
a. Training and safety programs.
b. Prior safety record.

6. References/examples of previous work (30 points)

7. Cost Proposal (30 points possible)
a. Firm’s proposed price.
b. Straight Bill Rate ($28 or less); 10 points ($30 -$28); 7 points ($34 -$30); 5 points ($34 & up) 3 pts. c. Proposed wage and benefit levels for employees.

8. Adherence to the requirements called under Attachment A “RFP Submittal Inst.” (20 points)

9. Suggested Timeline and Logistics (20 points)
City Council Regular Meeting - Page 443 of 472

ATTACHMENT B

Page 2 of 2 ends

a. Transition plan and procedures demonstrating the ability to transition smoothly from existing contract to new one, continuity of system from passenger’s viewpoint, continuity of system operations knowledge to ensure minimal CITY staff effort during transition.

10. Overall quality and presentation of proposal (10 points)

City Council Regular Meeting - Page 444 of 472
Agenda Item # 24.

AGENDA STAFF REPORT
DATE:

September 20, 2022

TO:

Honorable Mayor and Members of the City Council

APPROVED BY:

Ernie Hernandez, City Manager

PREPARED BY:

Elizabeth Popescu, Senior Analyst

SUBJECT:

AUTHORIZATION TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH

TREE PEOPLE FOR THE DEVELOPMENT OF THE EMPTY LOT AT SANBORN AVE. AND CALIFORNIA AVE.

Recommendation:

Staff recommends the City Council of the City of Lynwood authorize the City Manager to negotiate a Memorandum of Understanding with TreePeople and to dedicate Measure A funds for the development of the empty lot at Sanborn Ave. and California Ave. and for grant writing opportunities. If such direction is provided, the City Council will consider approval of the Memorandum of Understanding and related actions at a future City Council meeting.

Background:

Currently, there is an empty lot at the corner of Sanborn Ave. and California Ave. This land has been vacant for a number of years and has been a breeding ground for illegal dumping and an area of long-term blight. Staff would like to explore options on how the land can be developed to mitigate these issues and improve overall quality of life for Lynwood residents.

Discussion and Analysis:

Over the last couple of months, City staff met with residents and representatives from TreePeople to discuss the possibility of collaborating on the development of the empty lot at Sanborn Ave. and California Ave. Tree People is an organization that helps to develop green spaces for communities. Over the years, they have collaborated with the City in these efforts, most recently planting shade trees and providing free fruit trees to Lynwood residents.

The City is looking to utilize Measure A funds dedicated to the City of Lynwood. The Los Angeles County Regional Park and Open Space District (RPOSD) is responsible for implementing and administering the Los Angeles County Safe, Clean Neighborhood Parks and Beaches Measure of 2016 (Measure A). Measure A makes funding available to eligible applicants for projects that repair and upgrade parks and recreational facilities; create new parks; preserve and protect open spaces and beaches; and support recreational programming.

City Council Regular Meeting - Page 445 of 472
Measure A specifically sets aside technical assistance funds to be allocated periodically for High and Very High Need areas, as defined by the 2016 Park Needs Assessment. RPOSD created the Technical Assistance Program (TAP) to assist with the expenditure of these funds. RPOSD developed TAP to help ensure that Eligible Entities can access funding and successfully compete for existing Measure A competitive grant programs or other funding opportunities including local, state, federal and private funding, so long as a nexus to Measure A exists.

The City of Lynwood has been allocated $185,000 from the Regional Park and Open Space District

(RPOSD)
via the Technical Assistance Program (TAP).

If such direction is provided, the City Council will consider approval of the Memorandum of Understanding and related actions at a future City Council meeting.

Fiscal Impact:

Unknown City Fiscal impact for totality of project as it is expected that additional construction funds will be necessary, however, the City will petition for dedicated funds of $185,000 from RPOSD funds towards community involvement, design and development of this open space. Tree people will also take the lead in identifying and seeking additional funding.

Coordinated With:

ATTACHMENTS:

Description
No Attachments Available
City Council Regular Meeting - Page 446 of 472
Agenda Item # 25.

AGENDA STAFF REPORT
DATE:

September 20, 2022

TO:

Honorable Mayor and Members of the City Council

APPROVED BY:

Ernie Hernandez, City Manager

PREPARED BY:

Julian Lee, Director of Public Works
Lorry Hempe, Public Works Special Projects Manager

SUBJECT:

APPROVAL OF EXCHANGE AGREEMENT AND ASSIGNMENT OF FEDERAL SURFACE

TRANSPORTATION PROGRAM-LOCAL AND HIGHWAY INFRASTRUCTURE PROGRAM FUNDS
Recommendation:

Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF LYNWOOD AUTHORIZING THE CITY MANAGER TO APPROVE THE EXCHANGE

AGREEMENT AND ASSIGNMENT OF FEDERAL SURFACE TRANSPORTATION PROGRAM-LOCAL AND HIGHWAY INFRASTRUCTURE PROGRAM FUNDS; AND APPROVING THE APPROPRIATION OF HIP

REVENUES IN THE AMOUNT OF
$327,645.36

AND STPL BALANCE IN THE AMOUNT OF
$806,853.60 TO THE
PRIORITY 2 STREET (CIP NO. 4011.68.104); AND APPROVING THE REDUCTION OF SB1 APPROPRIATION BY $162,498.96 FROM THE PRIORITY 2 STREET
.”

Background:

The Board of Directors (Board) of the Los Angeles County Metropolitan Transportation Authority (Metro) approved the programming of about $47.5 million in Coronavirus Response and Relief Supplemental Appropriations Act ( CRRSAA
)
Highway Infrastructure Program (HIP) revenues on April 22, 2021. These revenues are available through the Caltrans Local Assistance Surface Transportation Block Grant Program (STBGP) and allocated to all 88 cities in Los Angeles County, as well as to the County of Los Angeles, by their relative share of the total county population. This Metro Board action also included approval of the opportunity for agencies to exchange their HIP revenues allocations with local funds provided through Metro’s existing federal Surface Transportation Program – Local (STPL) Exchange Program. Based on the current total amount of local funds available for the STPL Exchange Program, all agencies would be eligible to exchange their HIP revenue allocations, except the County of Los Angeles and the cities of Los Angeles and Long Beach.

On June 1, 2021, the City Council approved to exchange its HIP revenues with local funds provided through Metro (Resolution No. 2021.056). Under the
STPL Exchange Program, City will be allowed to non-federalize the revenues for easier approval and reporting process and broader use of the revenues for local projects. Under this alternative, Metro will retain 2% of the allocation for administrative cost and the City will retain 98% of the converted funds.

The City is anticipated
to receive $334,332 in CRRSAA HIP revenues less a 2% retention by Metro for their administrative cost.

On January 18, 2022, the City Council approved to use the HIP revenues for the Priority 2 Streets (CIP 4011.68.104) (Resolution No. 2022.009).

Based on the updated estimate, the needed budget for the Priority 2 Streets is $1,543,000 resulting in a budget shortfall of $644,355. Currently, the Priority 2 Streets is in pre-construction phase.

City Council Regular Meeting - Page 447 of 472
$644,355. Currently, the Priority 2 Streets is in pre-construction phase.

On August 23, 2022, Metro provided the City with an agreement entitled “Exchange Agreement and Assignment of Federal Surface Transportation Program-Local and Highway Infrastructure Program Funds” for our execution which identifies the use of HIP revenues for the Priority 2 Streets (CIP 4011.68.104). (Exhibit A)

Metro also informed the City that it can use its STPL Fund Balance to also fund the Priority 2 Streets under the same arrangement as the STPL Exchange Program.

Discussion and Analysis:

Priority 2 Streets (CIP 4011.68.104)

For the Fiscal Year (FY) 2022, the City Council approved the use of HIP revenues for the Priority 2 Streets Project (CIP 4011.68.104)(Project).

Scope of Work: The Priority 2 Streets will consist of the construction of new ADA compliant curb ramps where needed and will rehabilitate, gutters, sidewalks, driveway approaches and pavement for the city streets that are in need of repairs.

Striping will also be rehabilitated to enhance vehicular and pedestrian safety where needed. New signage will be installed and utility covers adjusted. Outdated curbs at the intersections will be updated to handicapped ramps.

Project Limits: Alma Avenue from Ruth Avenue to Mallison Avenue; Alma Avenue from Mallison Avenue. to Otis Street; Los Flores Boulevard from Atlantic Avenue to Virginia Avenue; Los Flores Boulevard from Virginia Avenue to Pope Avenue.; Los Flores Boulevard. from Pope Avenue to Duncan Avenue; Los Flores Boulevard from Santa Fe Avenue to Penn Street; Los Flores Boulevard from Penn Street to Franklin Street; Los Flores Boulevard from Franklin Street to Bellinger Street; Los Flores Boulevard from Long Beach Boulevard to California Avenue; Los Flores Boulevard from California Avenue to Imperial Highway; San Luis Avenue from Abbott Road to Alma Avenue; San Luis Avenue from Alma Avenue to Norton Avenue; and San Miguel Avenue from Abbott Road to Norton Avenue.

For FY23, the City Council approved a budget for $571,000 using Senate Bill 1 (SB 1) Fund for this Project. Since the Exchange Agreement with Metro has not yet materialized, the HIP revenues were not allocated for FY23. Now that the Metro Agreement has been released, the City can now allocate HIP revenues it approved on January 18, 2022. The Priority 2 Streets will have an available funding of $898,645 of SB1 and HIP revenues.

Project Budget Shortfall

Based on the updated estimate, the needed budget for Priority 2 Streets is $1,543,000 resulting in a budget shortfall of $644,355. The City has limited Transportation Funds such as SB1, Measure M, Measure R and Proposition C to fund local streets in FY23. Alternative source of funding is needed to cover this shortfall.

Non-Federalizing the STPL Balance to Resolve the Budget Shortfall

STPL funding is restrictive to be used for certain arterial/collector streets. Projects funded under the STPL require coordination and approval from Caltrans. The process of obtaining an E-76 or Authorization to Proceed from Caltrans can be a lengthy process. Wright Road Street Improvement (CIP 4011.67.911) is slated to be funded by STPL in the amount of $1.2 million. According to Metro, after setting aside the STPL funding for the Wright Road Street Improvement Project (CIP No. 4011.67.911), the City still has $823,320 in STPL fund balance.

Under the STPL Exchange Program, Metro can allow the City to non-federalize the STPL balance for easier approval and reporting process, and broader use of the funds for local projects. The available balance of $823,320 in STPL funds can be non-federalized to use for this Project. Like the HIP revenues, under the STPL Exchange Program, Metro will retain 2% of the allocation for processing and administrative fee and the City will retain 98%. The City often use a consultant to assist us with fund management on federal funds including STPL use. This will be a benefit to the Project, since we will not incur additional consultant expenses for fund management by non-federalizing STPL. See chart below for the calculation on the breakdown of the allocation between Metro and City.

BREAKDOWN OF ALLOCATION BETWEEN METRO AND CITY UNDER THE STPL EXCHANGE PROGRAM

Allocation
Metro (2%)
City (98%)
HIP Revenues
$334,332.00
$6,686.64
$327,645.36
STPL Fund
$823,320.00
$16,466.40
$806,853.60
TOTAL
$1,157,652.00
$23,153.04
$1,134,498.96

Below is the proposed Project Amendment to fully fund the Project using HIP revenues, STPL balance and SB1.

PROPOSED PROJECT BUDGET AMENDMENT FOR THE PRIORITY 2 STREETS (CIP 4011.68.104)

Approved Funding Sources
Proposed Amendment to the
Funding Sources
City Council Regular Meeting - Page 448 of 472

Approved Funding Sources
Funding Sources
Project Need
$1,543,000.00
$1,543,000.00

Resources:

SB1
$571,000.00
$408,501.04
HIP Revenues
$327,645.36
$327,645.36
STPL Balance (Non-Federalized)
$0.00
$806,853.60
Total Resources
$898,645.36
$1,543,000.00

Funding Gap
$644,354.64
$0.00

The reduction in SB1 for this Project, will help the City provide funding gap to other projects.

Shifting Projected Use of STPL Balance To Priority 2 Streets

Under the 5-Year CIP plan, STPL prior balance in the amount of $550,000 was originally planned for the repair of certain segments of Bullis Road starting in FY24. Since the City is anticipated to receive an estimated $200,000 annually in STPL funds, the City can set aside future STPL funds in FY23, FY24 and FY25 to improve Bullis Road.

Fiscal Impact:

The Priority 2 Streets is currently underfunded in the amount of $644,354.64. The use of STPL Balance can provided needed funding for this Project. Staff recommends the following budget amendment and appropriation:

BUDGET REDUCTION
Fund
Dept
Div
Object
Description
Amount
Budgetary Reduction
4011
68 104

Priority 2 Streets
($162,498.96)
Transfer In
2121
SB1 Fund
$162,498.96

APPROPRIATION FROM
Fund
Dept
Div
Object
Description
Amount
Transfer Out
2201

CRRSAA- HIP
Revenues
($327,645.36)
2201

CRRSAA-STPL

BALANCE
($806,853.60)

Transfer In
4011
68 104
To Be
Determined
Priority 2 Streets
$1,134,498.96

The reduction in SB1 for this Project, will help the City provide funding gap to other projects.

Impact to the Five-Year CIP

In the Five-Year CIP Plan, STPL prior years’ balance in the amount of $550,000 was planned to be used in FY24 and FY26 for a proposed Bullis Road Street Improvement along Bullis Road from Lilita Street to Le Sage Street, Le Sage Street to Martin Luther King Boulevard, Martin Luther King Boulevard to Platt Avenue, Platt Avenue to Walnut Avenue, Walnut Avenue to Lugo Avenue, Lugo Avenue to Cortland Street, and Cortland Street to Fernwood Avenue. The proposed action will shift prior years’ STPL funds to Priority 2 Streets in FY23 and use future STPL funds to be collected in FY23, FY24 and FY25 to fund Bullis Road Street Improvement Project.

Coordinated With:

City Attorney’s Office
Finance Department
ATTACHMENTS:

Description
Resolution
Exhibit A-Proposed Exchange Agreement and Assignment
City Council Regular Meeting - Page 449 of 472
Exhibit A-Proposed Exchange Agreement and Assignment
City Council Regular Meeting - Page 450 of 472
1 RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

AUTHORIZING THE CITY MANAGER TO APPROVE THE EXCHANGE AGREEMENT

AND ASSIGNMENT OF FEDERAL SURFACE TRANSPORTATION PROGRAM - LOCAL AND HIGHWAY INFRASTRUCTURE PROGRAM FUNDS; AND APPROV ING THE APPROPRIATION OF HIP REVENUES IN THE AMOUNT OF $327,645.36 AND STPL BALANCE IN THE AMOUNT OF $806,853.60 TO THE PRIORITY 2 STREET (CIP NO. 4011.68.104); AND APPROVING THE REDUCTION OF SB1 APPROPRIATION BY $162,498.96 FROM THE PRIORITY 2 STREET

WHEREAS, on June 1, 2021, the City Council approved to exchange the Coronovirus Response and Relief Highway Infrastructure Programs Funding (HIP Funds) with local funds provided through Metro; and

WHEREAS, under the STPL Exchange Program , City will be allow ed to non - federalize the funds for easier approval and reporting process and broader use of the funds for local streets; and

WHEREAS, under the STPL Exchange Program the City’s funding allocation of $334,322 will be reduced by 2% to pay the Los Angeles County Metropolitan Authority (Metro); and

WHEREAS, on January 18, 2022, the City Council approved to use the HIP revenues for the Priority 2 Streets (CIP 4011.68.104)(Resolution No. 2022.009); and

WHEREAS, based on a recent estimate, the need ed budget for Priority 2 Streets is $1,543,000 resulting in a budget shortfall of $644,355; and

WHEREAS, Metro also informed the City that it can use its STPL Fund Balance to also fund the Priority 2 Streets under the same arrangement as the HIP revenues.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:

Section 1. The City Council of the City of Lynwood hereby finds and declares that the foregoing recitals are true and correct, and in corporates them herein as findings and as a substantive part of this Resolution.

Section 2. That the City Council authorizes the City Manager to execute the “Exchange Agreement and Assignment of Federal Surface Tran sportation Program - Local and Highway Infrastructure Program Funds” attached hereto as Exhibit A.

Section 3. That the City Council authorizes the City Manager to make necessary modifications or amendments to the Exchange Agreement and to make necessary payment arrangement with Metro on their administrative and processing fee.

City Council Regular Meeting - Page 451 of 472
2 Section 4. That the City Council approves the following budget amendment and appropriation:

BUDGET REDUCTION
Fund Dept Div Object Description Amount
Budgetary Reduction
4011 68 104 Priority 2 Streets ($162,498.96)
Transfer In
2121 SB1 Fund $162,498.96

APPROPRIATION FROM
Fund Dept Div Object Description Amount
Transfer Out
2201 CRRSAA- HIP Revenues ($327,645.36)
2201 CRRSAA-STPL

BALANCE
($806,853.60)

Transfer In
4011 68 104 To Be
Determined
Priority 2 Streets $1,134,498.96

Section 5. That the City Council a uthorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.

Section 6. This Resolution shall take full force and effect immediately upon adoption by the City Council.

Section 7. The City Clerk shall certify as to the adoption of th is City Council Resolution.

PASSED, APPROVED and ADOPTED this 20th day of September 2022

_______________________________
Jorge Casanova
Mayor

City Council Regular Meeting - Page 452 of 472
3 ATTEST:

__________________________ _________________________________ María Quiñónez Ernie Hernandez
City Clerk City Manager

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

__________________________ _________________________________ Noel Tapia Julian Lee
City Attorney Director of Public Works

City Council Regular Meeting - Page 453 of 472
4 STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )

I, the undersigned, City Clerk of the City of Lynwood, do h ereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of _______________, ______, and passed by the following vote:

AYES:

NOES:

ABSENT:

_________________________________
City Clerk, City of Lynwood

STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )

I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and fo rgoing is a full, true and correct copy of Resolution No. __________ on file in my office and that said resolution was adopted on the date and by the vote therein stated.

Dated this __________ day of ________________, _____.

_________________________________
City Clerk, City of Lynwood
City Council Regular Meeting - Page 454 of 472
Agreement Number 9200000000HIP2119

1 EXCHANGE AGREEMENT AND ASSI GNMENT OF FEDERAL SURFACE

TRANSPORTATION PROG RAM-LOCAL AND HIGHW AY INFRASTRUCTURE

PROGRAMS FUNDS
This Exchange Agreement and Assignment of Federal Surface Transportation Program-Local and Highway Infrastructure Programs Funds ("AGREEMENT"), is made and entere d into as of July 1, 2022, by and between the City of Lynwood ("CITY") and the Los Angeles County Metropolitan Tran sportation Authority ("LACMTA").

RECITALS:

CITY is eligible for and has available Federal Surface Transportation Program-Local ("STP-L Funds") and Highway Infrastructure Programs funds ("HIP Funds").

A. CITY desires to exchange $823,320 of CITY's STP-L Funds ("STP-L Funds Balance") and its total allocation of $334,332 of CITY's HIP Funds ("HIP Funds Balance") that LACMTA approved on April 22, 2021 for a like to tal amount of $1,157,652 of LACMTA Local Transportation Funds ("LACMTA Funds").

B. LACMTA is willing to exchange $1,157,652 in LACMTA Funds for a like total amount of CITY's STP-L Funds and CITY's HIP Funds subj ect to the terms and conditions contained herein.

C. An exchange of CITY's STP-L Funds and CITY's HIP Funds with LACMTA Funds is beneficial to and in the general interest of CITY and LACMTA.

NOW THEREFORE, in consideration of the mutual benefits to be derived by CITY and LACMTA, and of the promises contained here in, it is hereby ag reed as follows:

AGREEMENT:

1. CITY hereby assigns to LACMTA $82 3,320 of CITY's STP-L Funds and $334,332 of CITY's HIP Funds. LACMTA shall be authorized to deduct such amounts from CITY's STP-L Funds Balance a nd CITY's HIP Funds Balance, respectively. This assignment shall be automatically effe ctive upon full execution of this AGREEMENT without the necessity of the execution, delivery or recording of any further instrument whatsoever.

Notwithstanding the foregoing, at LACMTA's re quest, CITY shall execute and deliver such documents and instruments as ma y be required to evidence such assignment of STP-L Funds and HIP Funds.

2. LACMTA hereby accepts CITY's assignment of CITY's STP-L Fu nds and CITY's HIP Funds for use on federal-aid eligible project(s), to be determined by LACMTA in its sole and absolute discretion.

City Council Regular Meeting - Page 455 of 472
Agreement Number 9200000000HIP2119

2 3. Upon receipt of (i) a fully executed AGREEMEN T, (ii) CITY's written certification of the amounts of CITY's STP-L Funds Balance a nd CITY's HIP Funds Balance, as defined herein, which CITY's STP-L Funds Balance and CITY’s HIP Funds Balance show that CITY has sufficient STP-L Funds and HIP Funds to meet its obligations hereunder, and (iii) LACMTA's deduction of CITY's STP-L Funds and CITY's HIP Funds as provided in paragraph 1 above, LACMTA shall pay CITY $1,134,499 of LACMTA Funds which includes the deduction for the processing fee de scribed in paragraph 5 below. For purposes of this AGREEMENT, CITY's "STP-L Funds Balance" and CITY's "HIP Funds Balance" shall mean the amounts of funds contained in CITY's STP-L Funds and CITY's HIP Funds accounts as of the date that this AGREEMENT is fully executed, which include CITY's apportionment share of FY22 STP-L Funds a nd share of HIP Funds from the federal Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) that was enacted on December 27, 2020. If the STP-L Funds Balance and HIP Funds Balance become insufficient to satisfy CITY's exchange oblig ations hereunder, CITY hereby authorizes LACMTA to deduct from CITY's future bala nce of STP-L funds until LACMTA has in the aggregate received the amount of CITY's STP- L Funds and CITY's HIP Funds specified in paragraph 1 above.

4. CITY must complete and submit an Automated Clearing House (ACH) form (Exhibit A) through LACMTA's website to allow LACM TA to make disbursements electronically.

Disbursements via ACH will be made at no co st to CITY. If electronic disbursements are not the preferred method of disbursement, CITY may request an exception in writing.

5. CITY shall pay LACMTA a two-percent (2%) processing and administrative fee (the "Processing Fee") in connection with the exch ange contemplated by this AGREEMENT.

The Processing Fee shall be assessed against the total amount of LACMTA Funds payable to CITY. CITY hereby authorizes LACMTA to deduct the Processing Fee from the amount LACMTA is to pay CITY hereunder.

6. CITY shall expend the LACMTA Funds on an STP-L and HIP Eligible Project and by the Lapsing Date, consistent with the Statem ent of Work, Schedule and Budget provided in Exhibit B. For the purposes of this AGREEMEN T, the "Lapsing Date" shall mean the date that is three (3) years from the date that this AGREEMENT is fully executed. Any LACMTA Funds not expended by the Lapsing Date shall lapse and be returned to LACMTA within thirty (30) days of the Lapsing Date for further programming to third parties as LACMTA determines in its sole discretion.

A. For the purposes of this AGREEMENT, th e term "Eligible Project" shall mean the transportation activities described in Exhibit B that: i) would normally qualify under Section 133(b) of Title 23, U.S.C: or ii) are for costs related to preventive maintenance, routine maintenance, debt service payments, availability payments, operations, personnel (including salaries of employees and those employees who have been placed on administrative leave, or contractors), and coverage for other revenue losses due to the coronavirus pandemic. Any other applicable federal regulations and standards related to procurement and project delivery issues may be substituted with applicable state and local regulations, standards, and policies.

City Council Regular Meeting - Page 456 of 472
Agreement Number 9200000000HIP2119

3 B. The term "expend" as used in Section 6 shall mean "encumbered by an awarded contract or paid for an eligible transportation activity".

C. If the LACMTA Funds have lapsed and CITY has not returned all or a portion of the lapsed LACMTA Funds to LACMTA, then CITY shall be considered to be in default and agrees that such outstanding payments shall be paid from CITY funds in the following priority: first, from any of CITY's unobligated HIP Funds Balance, then from CITY's STP-L Funds Balance, then from CITY's Proposition A local return funds, then from CITY's Proposition C local return funds, then from CITY's Measure R local return funds, and then from CITY's Measure M local return funds. If CITY is in default hereunder, in addition to all rights and remedies available to LACMTA at law or in equity and without further notice or ability to cure by CITY, CITY hereby authorizes LACMTA to withhold the applicable HIP, STP-L or local return funds in the amount needed to satisfy the outstanding amount of lapsed LACMTA F unds due and owing to LACMTA prior to LACMTA transferring the balance of su ch funds to the CITY in accordance with the applicable state laws or ordinances.

7. CITY must use the LACMTA Funds in the most cost-effective manner. If CITY intends to use a consultant or contractor to implement all or part of the STP-L and HIP Eligible Project, LACMTA requires that such activities be procured in accordance with CITY's contracting procedures and be consiste nt with State law as appropriate. CITY will also use the LACMTA Funds in the most co st-effective manner when the LACMTA Funds are used to pay "in-house" staff time. CITY staff or consultants with project oversight roles may not award work to companies in which they have a financial or personal interest. This effective use of funds provision will be verified by LACMTA through on-going project monitoring and through any LACMTA interim and final audits.

8. LACMTA, and/or its designee, shall have the right to conduct audits of CITY's use of the LACMTA Funds, as deemed appropriate, such as financial and compliance audits; interim audits; pre-award audits, performance audits, and final audits. CITY agrees to establish and maintain proper accounting procedures and cash management records and documents in accordance with Generally Accep ted Accounting Principles (GAAP). CITY's records shall include, without limitation, a ny supporting evidence deemed necessary by LACMTA to substantiate CITY's use of LACM TA Funds. These records must be retained by CITY for five years following CITY's la st use of the LACMTA Funds. CITY shall reimburse LACMTA for any expenditure not in compliance with the Scope of Work and/or not in compliance with other terms and conditi ons of this AGREEMENT. The eligibility of costs for CITY's own expenditures submitted to LACMTA for the Eligible Project shall be in compliance with Office of Management and Budget (OMB) Circular A-87 (relocated to Title 2 in the Code of Federal Regulations, Su btitle A, Chapter II, part 225). The eligibility of costs for CITY's contractors, consultants, and suppliers expenditures submitted to LACMTA through CITY's Monthly Progress Reports and Quarterly Expenditures shall be in compliance with OMB Circular A-87 (as re located) or Federal Acquisition Regulation (FAR) Subpart 31 (whichever is applicable). Findings of the LACMTA audit are final.

When LACMTA audit findings require CITY to return monies to LACMTA, CITY agrees to City Council Regular Meeting - Page 457 of 472
Agreement Number 9200000000HIP2119

4 return the monies within thirty (30) days after the final audit is sent to CITY.

9. The terms of this AGREEMENT shall commence on the date that this AGREEMENT is fully executed and shall terminate once CITY has expended all the LACMTA Funds and all LACMTA audit and reporting requirements have been satisfied.

10. CITY shall fully indemnify, defend and hol d LACMTA and its officers, agents, and employees harmless from and against any liability and expenses, including, without limitation, defend costs, any costs or liability on account of bodily injur y, death or personal injury of any person, or for damages of any natu re whatsoever arising out of (i) a breach of CITY's obligations under this AGREEMENT; or (ii) any act or omi ssion of CITY or its officers, agents, employees, contractors, or subcontractors in the use of the LACMTA Funds.

11. LACMTA shall fully indemnify, defend and hold CITY and its officers, agents, and employees harmless from and against any liability and expenses, including, without limitation, defend costs, any costs or liability on account of bodily injury, death or personal injury of any person, or for damages to or loss of risk of property, an y environmental obligations, any legal fees and any claims for damages of any nature whatsoever arising out of (i) a breach of LACMTA's obligations under this AGREEMENT; or (ii) any act or omission of LACMTA or its officers, agents, employees, contractors, or subcontractors in the use of CITY's STP-L Funds and CITY's HIP Funds.

12. This AGREEMENT may be amende d or modified only by mutual written consent of LACMTA and CITY.

13. Any correspondence, communication, or contact concerning this AGREEMENT shall be directed to the following:

CITY OF LYNWOOD
Lorry Hemp, Public Works Special Project Manager
City of Lynwood, Public Works Department
11330 Bullis Road
Lynwood, CA 90262
Email: [email protected]
Phone: (310) 701-8982
LACMTA
Michael Richmai
Senior Manager, Countywide Planning and Development
One Gateway Plaza (Mail Stop: 99-23-3)
Los Angeles, California 90012-2952

14. This AGREEMENT shall be interpreted and governed by the laws of the State of California.

15. This AGREEMENT constitutes the entire understanding between the parties with respect to the subject matter herein.

City Council Regular Meeting - Page 458 of 472
Agreement Number 9200000000HIP2119

5 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers as of the date stated below.

LOS ANGELES COUNTY CITY OF LYNWOOD

METROPOLITAN TRANSPORTATION

AUTHORITY

By: By:

Stephanie N. Wiggins Ernie Hernandez
Chief Executive Officer City Manager

APPROVED AS TO FORM: APPROVED AS TO FORM:

Rodrigo A. Castro-Silva Noel Tapia
County Counsel City Attorney

By: By:

Deputy City Attorney

City Council Regular Meeting - Page 459 of 472
Agreement Number 9200000000HIP2119
Exhibit A

AUTOMATED CLEARING HOUSE (ACH) PAYMENT AUTHORIZATION
City Council Regular Meeting - Page 460 of 472
Agreement Number 9200000000HIP2119
Exhibit A

AUTOMATED CLEARING HOUSE (ACH) PAYMENT AUTHORIZATION
City Council Regular Meeting - Page 461 of 472
Agreement Number 9200000000HIP2119
Exhibit A

AUTOMATED CLEARING HOUSE (ACH) PAYMENT AUTHORIZATION
City Council Regular Meeting - Page 462 of 472
Agreement No. 9200000000HIP2119
Exhibit B

STATEMENT OF WORK

Project Title:

Priority 2 Streets (CIP 4011.68.104)

Project Description:

The Project will consist of the construction of new ADA compliant curb ramps where needed and will rehabilitate, gutters, sidewalks, driveway approaches and pavement for the city streets that are in need of repairs. Striping will also be rehabilitated to enhance vehicular and pedestrian safety where needed. New signage will be installed and utility covers adjusted. Outdated curbs at the intersections will be updated to handicapped ramps. These repairs will help with safer driving and enhance aesthetic of the neighborhood. The street locations are as follows: Alma Ave. from Ruth Ave. to Mallison Ave.; Alma Ave. from Mallison Ave. to Otis St.; Los Flores Blvd from Atlantic Ave. to Virginia Ave.; Los Flores Blvd. from Virginia Ave. to Pope Ave.; Los Flores Blvd. from Pope Ave. to Duncan Ave.; Los Flores Blvd. from Santa Fe Ave. to Penn St.; Los Flores Blvd. from Penn St. to Franklin St.; Los Flores Blvd. from Franklin St. to Bellinger St.; Los Flores Blvd from Long Beach Blvd. to California Ave.; Los Flores Blvd. from California Ave. to Imperial Hwy.; San Luis Avenue from Abbott Road to Alma Avenue; San Luis Ave. from Alma Ave. to Norton Ave.; and San Miguel Avenue from Abbott Road to Norton Avenue.

Project Schedule:

Advertise June 2022
Award Contract Octobe r 2022
Start Construction Decembe r 2022
Complete Construction April 2023

Project Funding:

SB1 $ 408,501
LAMCTA Funds* $1,134,499
Total Project Funding $1,543,000

*Net of 2% processing and administrative fee.

City Council Regular Meeting - Page 463 of 472
Agreement No. 9200000000HIP2119
Exhibit B
Project Map: San Luis Avenue from Abbott Road to Alma Avenue; San Luis Ave. from Alma Ave. to Norton Ave. ; San Miguel Avenue from Abbott Road to Norton Avenue

City Council Regular Meeting - Page 464 of 472
Agreement No. 9200000000HIP2119
Exhibit B
Project Map: Alma Ave. from Ruth St. to Mallison Ave.; Alma Ave. from Mallison Ave. to Otis St.;

City Council Regular Meeting - Page 465 of 472
Agreement No. 9200000000HIP2119
Exhibit B
Project Map: Los Flores Blvd from Atlantic Ave. to Virginia Ave.; Los Flores Blvd. from Virginia Ave. to Pope Ave.; Los Flores Blvd. from Pope Ave. to Duncan Ave

Project Map: Los Flores Blvd. from Santa Fe Ave. to Penn St.; Los Flores Blvd. from Penn St. to Franklin St.; Los Flores Blvd. from Franklin St. to Bellinger St.

City Council Regular Meeting - Page 466 of 472
Agreement No. 9200000000HIP2119
Exhibit B
Project Map: Los Flores Blvd from Long Beach Blvd. to California Ave.; Los Flores Blvd. from California Ave. to Imperial Hwy.

City Council Regular Meeting - Page 467 of 472
Agreement No. 9200000000HIP2119
Exhibit B

STATEMENT OF WORK

Project Title:

Priority 2 Streets (CIP 4011.68.104)

Project Description:

The Project will consist of the construction of new ADA compliant curb ramps where needed and will rehabilitate, gutters, sidewalks, driveway approaches and pavement for the city streets that are in need of repairs. Striping will also be rehabilitated to enhance vehicular and pedestrian safety where needed. New signage will be installed and utility covers adjusted. Outdated curbs at the intersections will be updated to handicapped ramps. These repairs will help with safer driving and enhance aesthetic of the neighborhood. The street locations are as follows: Alma Ave. from Ruth Ave. to Mallison Ave.; Alma Ave. from Mallison Ave. to Otis St.; Los Flores Blvd from Atlantic Ave. to Virginia Ave.; Los Flores Blvd. from Virginia Ave. to Pope Ave.; Los Flores Blvd. from Pope Ave. to Duncan Ave.; Los Flores Blvd. from Santa Fe Ave. to Penn St.; Los Flores Blvd. from Penn St. to Franklin St.; Los Flores Blvd. from Franklin St. to Bellinger St.; Los Flores Blvd from Long Beach Blvd. to California Ave.; Los Flores Blvd. from California Ave. to Imperial Hwy.; San Luis Avenue from Abbott Road to Alma Avenue; San Luis Ave. from Alma Ave. to Norton Ave.; and San Miguel Avenue from Abbott Road to Norton Avenue.

Project Schedule:

Advertise June 2022
Award Contract Octobe r 2022
Start Construction Decembe r 2022
Complete Construction April 2023

Project Funding:

SB1 $ 408,501
LAMCTA Funds* $1,134,499
Total Project Funding $1,543,000

*Net of 2% processing and administrative fee.

City Council Regular Meeting - Page 468 of 472
Agreement No. 9200000000HIP2119
Exhibit B
Project Map: San Luis Avenue from Abbott Road to Alma Avenue; San Luis Ave. from Alma Ave. to Norton Ave. ; San Miguel Avenue from Abbott Road to Norton Avenue

City Council Regular Meeting - Page 469 of 472
Agreement No. 9200000000HIP2119
Exhibit B
Project Map: Alma Ave. from Ruth St. to Mallison Ave.; Alma Ave. from Mallison Ave. to Otis St.;

City Council Regular Meeting - Page 470 of 472
Agreement No. 9200000000HIP2119
Exhibit B
Project Map: Los Flores Blvd from Atlantic Ave. to Virginia Ave.; Los Flores Blvd. from Virginia Ave. to Pope Ave.; Los Flores Blvd. from Pope Ave. to Duncan Ave

Project Map: Los Flores Blvd. from Santa Fe Ave. to Penn St.; Los Flores Blvd. from Penn St. to Franklin St.; Los Flores Blvd. from Franklin St. to Bellinger St.

City Council Regular Meeting - Page 471 of 472
Agreement No. 9200000000HIP2119
Exhibit B
Project Map: Los Flores Blvd from Long Beach Blvd. to California Ave.; Los Flores Blvd. from California Ave. to Imperial Hwy.

City Council Regular Meeting - Page 472 of 472

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