Current:
Public works 766,116 826,116 501,892 324,224 Total expenditures 766,116 826,116 501,892 324,224
EXCESS OF REVENUES OVER
(UNDER) EXPENDITURES 628,261 568,261 885,291 317,030 OTHER FINANCING USES:
Transfers out (1,766,317) (1,766,317) (459,277) 1,307,040 Total other financing uses (1,766,317) (1,766,317) (459,277) 1,307,040 NET CHANGE IN FUND BALANCE (1,138,056)$ (1,198,056)$ 426,014 1,624,070$ FUND BALANCE:
Beginning of year 473,340
End of year 899,354$
City of Lynwood
Schedule of Revenues, Expenditures, and Change in Fund Balance - Budget and Actual SB 1 Special Revenue Fund
For the Year Ended June 30, 2022
180
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 267 of 582 Original Final Variance with
Budget Budget Actual Final Budget
REVENUES:
Intergovernmental 77,806$ 77,806$ -$ (77,806)$ Total revenues 77,806 77,806 - (77,806) OTHER FINANCING USES:
Transfers out (77,806) (77,806) (126,473) (48,667) Total other financing uses (77,806) (77,806) (126,473) (48,667) NET CHANGE IN FUND BALANCE -$ -$ (126,473) (126,473)$ FUND BALANCE:
Beginning of year 126,473
End of year -$
City of Lynwood
Schedule of Revenues, Expenditures, and Change in Fund Balance - Budget and Actual ATP Grant Special Revenue Fund
For the Year Ended June 30, 2022
181
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 268 of 582 Original Final Variance with
Budget Budget Actual Final Budget
REVENUES:
Intergovernmental 1,554,004$ 1,554,004$ 20,961$ (1,533,043)$ Total revenues 1,554,004 1,554,004 20,961 (1,533,043) OTHER FINANCING USES:
Transfers out (1,261,904) (1,261,904) (8,603) 1,253,301 Total other financing uses (1,261,904) (1,261,904) (8,603) 1,253,301 NET CHANGE IN FUND BALANCE 292,100$ 292,100$ 12,358 (279,742)$ FUND BALANCE:
Beginning of year -
End of year 12,358$
City of Lynwood
Schedule of Revenues, Expenditures, and Change in Fund Balance - Budget and Actual HSIP Special Revenue Fund
For the Year Ended June 30, 2022
182
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 269 of 582 Original Final Variance with
Budget Budget Actual Final Budget
REVENUES:
Charges for services 6,715 6,715 -$ (6,715)$ Total revenues 6,715 6,715 - (6,715) EXPENDITURES:
Current:
Public works 1,898,736 1,928,511 1,479,564 448,947 Total expenditures 1,898,736 1,928,511 1,479,564 448,947
EXCESS (DEFICIENCY) OF REVENUES OVER
EXPENDITURES (1,892,021) (1,921,796) (1,479,564) 442,232 OTHER FINANCING SOURCES:
Transfers in 1,898,736 1,928,511 1,479,518 (448,993) Total other financing sources 1,898,736 1,928,511 1,479,518 (448,993) NET CHANGE IN FUND BALANCE 6,715$ 6,715$ (46) (6,761)$ FUND BALANCE:
Beginning of year 2,135
End of year 2,089$
City of Lynwood
Schedule of Revenues, Expenditures, and Change in Fund Balance - Budget and Actual Transportation Special Revenue Fund
For the Year Ended June 30, 2022
183
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 270 of 582 Original Final Variance with
Budget Budget Actual Final Budget
REVENUES:
Intergovernmental 2,282,560$ 2,282,560$ -$ (2,282,560)$ Total revenues 2,282,560 2,282,560 - (2,282,560) OTHER FINANCING USES:
Transfers out (2,282,560) (2,282,560) (1,120,117) 1,162,443 Total other financing uses (2,282,560) (2,282,560) (1,120,117) 1,162,443 NET CHANGE IN FUND BALANCE -$ -$ (1,120,117) (1,120,117)$ FUND BALANCE (DEFICIT):
Beginning of year -
End of year (1,120,117)$
City of Lynwood
Schedule of Revenues, Expenditures, and Change in Fund Balance - Budget and Actual Urban Greening Special Revenue Fund
For the Year Ended June 30, 2022
184
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 271 of 582 Original Final Variance with
Budget Budget Actual Final Budget
REVENUES:
Use of money and property -$ -$ 3,449$ 3,449$ Total revenues - - 3,449 3,449 EXPENDITURES:
Debt service:
Interest and fiscal charges - - 8 (8) Total expenditures - - 8 (8)
EXCESS (DEFICIENCY) OF REVENUES OVER
EXPENDITURES - - 3,441 3,441 OTHER FINANCING USES:
Transfers out (5,426,077) (5,709,954) (1,767,195) 3,942,759 Total other financing uses (5,426,077) (5,709,954) (1,767,195) 3,942,759 NET CHANGE IN FUND BALANCE (5,426,077)$ (5,709,954)$ (1,763,754) 3,946,200$ FUND BALANCE:
Beginning of year 6,257,609
End of year 4,493,855$
City of Lynwood
Schedule of Revenues, Expenditures, and Change in Fund Balance - Budget and Actual Measure M Bond Capital Projects Fund
For the Year Ended June 30, 2022
185
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 272 of 582 Original Final Variance with
Budget Budget Actual Final Budget
EXPENDITURES:
Capital outlay 32,234,049$ 43,110,021$ 6,347,696$ 36,762,325$ Total expenditures 32,234,049 43,110,021 6,347,696 36,762,325 OTHER FINANCING SOURCES:
Transfers in 33,986,853 43,125,508 6,347,696 (36,777,812) Total other financing 33,986,853 43,125,508 6,347,696 (36,777,812) NET CHANGE IN FUND BALANCE 1,752,804$ 15,487$ - (73,540,137)$ FUND BALANCE:
Beginning of year 441,523
End of year 441,523$
City of Lynwood
Schedule of Revenues, Expenditures, and Change in Fund Balance - Budget and Actual Capital Improvement Projects Capital Projects Fund
For the Year Ended June 30, 2022
186
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 273 of 582 Original Final Variance with
Budget Budget Actual Final Budget
REVENUES:
Use of money and property -$ -$ 666$ 666$ Total revenues - - 666 666 EXPENDITURES:
Debt service:
Interest and fiscal charges - - 6 (6) Total expenditures - - 6 (6)
EXCESS (DEFICIENCY) OF REVENUES OVER
EXPENDITURES - - 660 660 OTHER FINANCING USES:
Transfers out (2,171,311) (5,921,311) (665,149) 5,256,162 Total other financing uses (2,171,311) (5,921,311) (665,149) 5,256,162 NET CHANGE IN FUND BALANCE (2,171,311)$ (5,921,311)$ (664,489) 5,256,822$ FUND BALANCE:
Beginning of year 13,118,666
End of year 12,454,177$
City of Lynwood
Schedule of Revenues, Expenditures, and Change in Fund Balance - Budget and Actual 2019 Lease Revenue Bonds Capital Projects Fund
For the Year Ended June 30, 2022
187
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 274 of 582 Original Final Variance with
Budget Budget Actual Final Budget
REVENUES:
Current:
Use of money and property 295$ 295$ 23$ (272)$ Total revenues 295 295 23 (272) OTHER FINANCING USES:
Transfers out - - (125,287) (125,287) Total other financing uses - - (125,287) (125,287) NET CHANGE IN FUND BALANCE 295$ 295$ (125,264) (125,559)$ FUND BALANCE:
Beginning of year 125,264
End of year -$
City of Lynwood
Schedule of Revenues, Expenditures, and Change in Fund Balance - Budget and Actual 2002 HUD Section 108 Capital Projects Fund
For the Year Ended June 30, 2022
188
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 275 of 582 Original Final Variance with
Budget Budget Actual Final Budget
REVENUES:
Use of money and property -$ -$ 311$ 311$ Total revenues - - 311 311 EXPENDITURES:
Debt service:
Interest and fiscal charges - - 184 (184) Total expenditures - - 184 (184)
EXCESS (DEFICIENCY) OF REVENUES OVER
EXPENDITURES - - 127 127 OTHER FINANCING USES:
Transfers out (470,000) (470,000) (372,278) 97,722 Total other financing uses (470,000) (470,000) (372,278) 97,722 NET CHANGE IN FUND BALANCE (470,000)$ (470,000)$ (372,151) 97,849$ FUND BALANCE:
Beginning of year 372,288
End of year 137$
City of Lynwood
Schedule of Revenues, Expenditures, and Change in Fund Balance - Budget and Actual Measure R (Bans) Capital Projects Fund
For the Year Ended June 30, 2022
189
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 276 of 582 Original Final Variance with
Budget Budget Actual Final Budget
REVENUES:
Use of money and property -$ -$ 146$ 146$ Total revenues - - 146 146 OTHER FINANCING USES:
Transfers out (356,789) (356,789) (76,292) 280,497 Total other financing uses (356,789) (356,789) (76,292) 280,497 NET CHANGE IN FUND BALANCE (356,789)$ (356,789)$ (76,146) 280,643$ FUND BALANCE:
Beginning of year 477,158
End of year 401,012$
City of Lynwood
Schedule of Revenues, Expenditures, and Change in Fund Balance - Budget and Actual 2012 Measure R Bond Proceeds Capital Projects Fund
For the Year Ended June 30, 2022
190
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 277 of 582 Original Final Variance with
Budget Budget Actual Final Budget
OTHER FINANCING SOURCES (USES):
Issuance of debt -$ -$ 743,759$ 743,759$ Transfers out (2,081,062) (2,414,062) (365,918) 2,048,144 Total other financing sources (uses) (2,081,062) (2,414,062) 377,841 2,791,903 NET CHANGE IN FUND BALANCE (2,081,062)$ (2,414,062)$ 377,841 2,791,903$ FUND BALANCE:
Beginning of year 1,969,790
End of year 2,347,631$
City of Lynwood
Schedule of Revenues, Expenditures, and Change in Fund Balance - Budget and Actual 2017 Lease Revenue Bonds Debt Service Fund
For the Year Ended June 30, 2022
191
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 278 of 582 Original Final Variance with
Budget Budget Actual Final Budget
EXPENDITURES:
Debt service:
Principal payment 634,523$ 634,523$ 634,523$ -$ Interest and fiscal charges 1,372,956 1,372,956 1,383,292 (10,336) Total expenditures 2,007,479 2,007,479 2,017,815 (10,336) OTHER FINANCING SOURCES:
Transfers in 2,007,479 2,007,479 2,019,565 12,086 Total other financing sources 2,007,479 2,007,479 2,019,565 12,086 NET CHANGE IN FUND BALANCE -$ -$ 1,750 1,750$ FUND BALANCE (DEFICIT):
Beginning of year (1,750)
End of year -$
City of Lynwood
Schedule of Revenues, Expenditures, and Change in Fund Balance - Budget and Actual City of Lynwood Debt Service Fund
For the Year Ended June 30, 2022
192
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 279 of 582 Facilities Maintenance - This fund accounts for goods and services provided by the Garage Division Department to other departments on a cost reimbursement basis. The purchase of all City vehicles and vehicle maintenance services are recorded in this fund.
Internal Service Funds
Internal service funds are used to account for transactions related to the City's vehicle & equipment maintenance/replacement, information technology, for its self-insurance programs, and facilities maintenance. These services are provided to other departments on a cost reimbursement basis.
Vehicle & Equipment Maintenance/Replacement- This fund accounts for reimbursements from City departments for the cost of upkeep on City vehicles.
Information Technology Fund - This fund accounts for all information technology costs to the City. Funding sources are 50% from the General Fund and 50% from the Water Fund.
Self-Insurance Fund - This fund accounts for reimbursements from City departments for the cost of insurance premiums, claims and administration.
193
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 280 of 582 This page intentionally left blank.
194
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 281 of 582 Vehicle & Equipment
Maintenance/ Information Facilities
Replacement Technology Self-Insurance Maintenance Total ASSETS
Current Assets:
Cash and investments 200,000$ 100,102$ 10,323,301$ 250,000$ 10,873,403$ Prepaid items - - 27,691 - 27,691 Total current assets 200,000 100,102 10,350,992 250,000 10,901,094 Noncurrent assets:
Restricted assets:
Deposit in trust - - 300,000 - 300,000 Capital assets
Capital assets, being depreciated, net 419,037 - - - 419,037 Total capital assets, net 419,037 - - - 419,037 Total noncurrent assets 419,037 - 300,000 - 719,037 Total assets 619,037 100,102 10,650,992 250,000 11,620,131
LIABILITIES
Current liabilities:
Accounts payable 52,576 - 1,195 - 53,771 Accrued expenses 294 - 51,618 - 51,912 Due to other funds 1,279,552 - - - 1,279,552 Claims payable, due in one year - - 876,495 - 876,495 Total current liabilities 1,332,422 - 929,308 - 2,261,730 Noncurrent liabilities:
Claims payable, due in more than one year - - 4,567,505 - 4,567,505 Total noncurrent liabilities - - 4,567,505 - 4,567,505 Total liabilities 1,332,422
- 5,496,813 - 6,829,235
NET POSITION (DEFICIT)
Investment in capital assets 419,037 - - - 419,037 Unrestricted (deficit) (1,132,422) 100,102 5,154,179 250,000 4,371,859 Total net position (deficit) (713,385)$ 100,102 $ 5,154,179 $ 250,000 $ 4,790,896 $ City of Lynwood
Combining Statement of Net Position
Internal Service Funds
June 30, 2022
Internal Service Fund
195
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 282 of 582 Vehicle & Equipment
Maintenance/ Information Facilities
Replacement Technology Self-Insurance Maintenance Total OPERATING REVENUES:
Interdepartmental service charges 2,304$ -$ 5,515,044$ -$ 5,517,348$ Total operating revenues 2,304 - 5,515,044 - 5,517,348 OPERATING EXPENSES:
Insurance - - 2,342,854 - 2,342,854 Claims - - 882,254 - 882,254 Vehicle & equipment maintenance 441,629 - - - 441,629 Depreciation 143,336 - - - 143,336 Total operating expenses 584,965 - 3,225,108 - 3,810,073 OPERATING INCOME (LOSS) (582,661) - 2,289,936 - 1,707,275 INCOME (LOSS) BEFORE TRANSFERS (582,661) - 2,289,936 - 1,707,275 TRANSFERS:
Transfers in 200,000 100,000 1,154,532 250,000 1,704,532 Total transfers 200,000 100,000 1,154,532 250,000 1,704,532 CHANGES IN NET POSITION (382,661) 100,000 3,444,468 250,000 3,411,807 NET POSITION (DEFICIT):
Beginning of the year (330,724) 102 1,709,711 - 1,379,089 End of the year (713,385)$ 100,102$ 5,154,179$ 250,000$ 4,790,896$ City of Lynwood
Combining Statement of Revenues, Expenses, and Changes in Net Position Internal Service Funds
For the Year Ended June 30, 2022
Internal Service Fund
196
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 283 of 582 Vehicle & Equipment
Maintenance/ Information Facilities
Replacement Technology Self-Insurance Maintenance Total CASH FLOWS FROM OPERATING ACTIVITIES:
Receipts from interdepartmental service charges 2,304 $ - $ 5,515,044$ - $ 5,517,348$ Payments to suppliers and employees (479,873) - - - (479,873) Payments for insurance premium and claims - - (4,489,171) - (4,489,171) Net cash provided by (used in) operating activities (477,569) - 1,025,873 - 548,304
CASH FLOWS FROM NONCAPITAL
FINANCING ACTIVITIES:
Received from other funds 683,302 100,000 1,154,532 250,000 2,187,834 Net cash provided by noncapital financing activities 683,302 100,000 1,154,532 250,000 2,187,834
CASH FLOWS FROM CAPITAL AND
RELATED FINANCING ACTIVITIES:
Acquisition of capital assets (5,733) - - - (5,733) Net cash provided (Used in) by capital and related
financing activities (5,733) - - - (5,733) Changes in cash and cash equivalents 200,000 100,000 2,180,405 250,000 2,730,405 CASH AND CASH EQUIVALENTS:
Beginning of year - 102 8,442,896 - 8,442,998 End of year 200,000$ 100,102$ 10,623,301$ 250,000$ 11,173,403$
RECONCILIATION OF CASH AND CASH EQUIVALENTS
TO THE STATEMENT OF NET POSITION:
Cash and investment 200,000$ 100,102$ 10,323,301$ 250,000$ 10,873,403$ Deposit in trust - - 300,000 - 300,000 Total 200,000$ 100,102$ 10,623,301$ 250,000$ 11,173,403$
RECONCILIATION OF OPERATING INCOME (LOSS)
TO NET CASH PROVIDED BY (USED IN)
OPERATING ACTIVITIES:
Operating income (loss) (582,661)$ -$
2,289,936$ -$ 1,707,275$
Adjustments to reconcile operating income to net cash
provided by (used in) operating activities:
Depreciation 143,336 - - - 143,336 Change in assets and liabilities:
(Increase) decrease in prepaid items - - (27,691) - (27,691) Increase (decrease) in accounts payable (37,847) - (78,413) - (116,260) Increase (decrease) in accrued expenses (397) - (27,808) - (28,205) Increase (decrease) in claims payable - - (1,130,151) - (1,130,151) Total adjustments 105,092 - (1,264,063) - (1,158,971) Net cash provided by (used in) operating activities (477,569)$ -$ 1,025,873$ -$ 548,304$ Internal Service Fund
City of Lynwood
Combining Statement of Cash Flows
Internal Service Funds
For the Year Ended June 30, 2022
197
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 284 of 582 This page intentionally left blank.
198
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 285 of 582
STATISTICAL SECTION
199
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 286 of 582 This page intentionally left blank.
200
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 287 of 582 Revenue Capacity (pages 213-223)
These schedules contain information to help the reader assess the City’s most significant local revenue sources, transient occupancy tax (“TOT”) and property taxes.
Debt Capacity (pages 225-233)
These schedules present information to help the reader assess the affordability of the City’s current levels of outstanding debt and the City’s ability to issue additional debt in the future.
Demographic and Economic Information (pages 234-235)
These schedules offer demographic and economic indicators to help the reader understand the environment with which the City’s financial activities take place.
Operating Information (pages 236-238)
These schedules contain service and infrastructure data to help the reader understand how the information in the City’s financial report relates to the services the government provides and the activities it performs.
City of Lynwood
Description of Statistical Section Contents
This part of the City of Lynwood's comprehensive annual financial report presents detailed information as a context for understanding what the information in the financial statements, note disclosures, and required supplementary information says about the City's overall financial health.
Financial Trends (pages 202-211)
These schedules contain trend information to help the reader understand how the City’s financial performance and well- being have changed over time.
201
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 288 of 582 2013 2014 2015 2016 2017
Governmental Activities
Net Investment in Capital Assets 128,499,266$ 112,653,436$ 113,437,149$ 121,869,031$ 134,085,572$ Restricted 28,658,109 30,716,429 28,759,008 24,894,733 25,023,626 Unrestricted (30,901,533) (8,953,962) (33,375,725) (36,107,337) (41,349,927) Total governmental activities net position 126,255,842 134,415,903 108,820,432 110,656,427 117,759,271 Business-type Activities
Net Investment in Capital Assets (2,740,381) 2,556,555 2,437,864 (4,645,107) (4,631,063) Restricted 4,637,967 4,375,458 4,256,517 1,216,007 1,217,476 Unrestricted 11,838,448 5,241,207 857,038 10,815,651 4,158,447 Total business-type activities net position 13,736,034 12,173,220 7,551,419 7,386,551 744,860 Primary Government
Net Investment in Capital Assets 125,758,885 115,209,991 115,875,013 117,223,924 129,454,509 Restricted 33,296,076 35,091,887 33,015,525 26,110,740 26,241,102 Unrestricted (19,063,085) (3,712,755) (32,518,687) (25,291,686) (37,191,480) Total Primary Government Net Position: 139,991,876$ 146,589,123$ 116,371,851$ 118,042,978$ 118,504,131$ City of Lynwood
Net Position by Component
Last Ten Fiscal Years
(accrual basis of accounting)
Schedule 1
Fiscal Year
Source: City of Lynwood Finance Department
202
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 289 of 582 2018 2019 2020 2021* 2022
Governmental Activities
Net Investment in Capital Assets 137,802,823$ 113,302,974$ 112,615,998$ 150,854,057$ 141,219,613$ Restricted 29,623,562 61,054,174 33,723,770 86,780,524 60,003,916 Unrestricted (47,074,638) (40,186,835) (5,830,289) (83,207,679) (19,798,362) Total governmental activities net position 120,351,747 134,170,313 140,509,479 154,426,902 181,425,167 Business-type Activities
Net Investment in Capital Assets 410,640 (1,131,564) (4,365,339) (246,122) (4,659,674) Restricted 927,225 978,438 936,200 669,519 675,254 Unrestricted 1,916,674 2,473,949 5,432,465 4,267,177 7,092,996 Total business-type activities net position 3,254,539 2,320,823 2,003,326 4,690,574 3,108,576 Primary Government
Net Investment in Capital Assets 138,213,463 112,171,410 108,250,659 150,607,935 136,559,939 Restricted 30,550,787 62,032,612 34,659,970 87,450,043 60,679,170 Unrestricted (45,157,964) (37,712,886) (397,824) (78,940,502) (12,705,366) Total Primary Government Net Position: 123,606,286$ 136,491,136$ 142,512,805$ 159,117,476$ 184,533,743$ * 2021 balances were restated due to PPA
City of Lynwood
Net Position by Component (Continued)
Last Ten Fiscal Years
(accrual basis of accounting)
Schedule 1
Fiscal Year
Source: City of Lynwood Finance Department
203
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 290 of 582 2013 2014 2015 2016 2017
Expenses
Governmental activities:
General Government 14,264,425$ 7,985,070$ 10,299,740$ 9,379,498$ 7,136,078$ Public Safety 16,683,793 17,090,835 17,091,786 18,500,520 17,882,364 Public Works 9,512,426 9,929,011 10,458,752 11,121,898 16,457,116 Community Development 1,025,932 1,779,007 1,580,382 1,548,886 1,614,564 Parks and Recreation 3,033,225 3,201,757 3,013,387 2,983,953 3,908,963 Interest on Long-Term Debt 1,090,315 1,508,889 1,282,689 332,878 1,071,212 Total governmental activities expenses 45,610,116 41,494,569 43,726,736 43,867,633 48,070,297 Business-type Activities:
Water 8,861,860 9,138,793 9,771,870 9,870,110 13,224,683 Transit 962,157 885,536 1,049,545 1,074,358 1,226,680 Total business-type activities expenses 9,824,017 10,024,329 10,821,415 10,944,468 14,451,363 Total primary government expenses 55,434,133 51,518,898 54,548,151 54,812,101 62,521,660 Program Revenues
Governmental Activities:
Charges for services:
General Government 5,741,982 8,006,991 6,966,009 3,150,290 1,949,868 Public Safety 29,187 19,059 9,113 62,422 1,498 Public Works 3,236,640 2,739,479 3,485,305 2,812,627 2,862,357 Community Development 936,985 1,000,388 803,853 1,043,855 3,482,668 Parks and Recreation 519,849 732,923 669,074 803,486 954,442 Operating Grants and Contributions 4,503,248 4,708,968 4,545,181 15,732,256 14,352,236
Capital Grants and Contributions 561,984 - - 2,483,687 3,243,416 Total governmental activities program revenues 15,529,875 17,207,808 16,478,535 26,088,623 26,846,485 Business-type activities:
Charges for services:
Water 10,417,014 10,167,149 10,298,091 9,781,758 9,788,763 Transit 8,541 9,548 7,075 25,648 70,898 Total business-type activities program revenues 10,425,555 10,176,697 10,305,166 9,807,406 9,859,661 Total primary government program revenues 25,955,430$ 27,384,505$ 26,783,701$ 35,896,029$ 36,706,146$ City of Lynwood
Changes in Net Position
Last Ten Fiscal Years
(accrual basis of accounting)
Schedule 2
Fiscal Year
Source: City of Lynwood Finance Department
204
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 291 of 582 2018 2019 2020 2021 2022
Expenses
Governmental activities:
General Government 8,071,215$ 6,390,329$ 6,995,890$ 7,076,551$ 9,891,951$ Public Safety 18,637,179 18,518,413 20,181,826 19,811,083 15,921,610 Public Works 16,075,850 16,661,495 17,319,067 12,791,373 13,071,418 Community Development 1,676,129 1,923,736 1,438,994 3,342,443 5,991,316 Parks and Recreation 4,552,791 3,970,442 3,780,543 3,236,523 2,790,907 Interest on Long-Term Debt 1,054,011 2,283,401 3,226,350 3,184,825 2,998,678 Total governmental activities expenses 50,067,175 49,747,816 52,942,670 49,442,798 50,665,880 Business-type Activities:
Water 8,887,470 9,136,538 10,158,834 11,754,041 15,557,904 Transit 1,365,168 1,140,910 1,739,420 1,307,702 - Total business-type activities expenses 10,252,638 10,277,448 11,898,254 13,061,743 15,557,904 Total primary government expenses 60,319,813 60,025,264 64,840,924 62,504,541 66,223,784 Program Revenues
Governmental Activities:
Charges for services:
General Government 2,688,335 2,973,111 1,401,731 1,000,725$ 346,343$ Public Safety - - - - - Public Works 1,980,045 1,224,495 815,003 1,294,037 662,094 Community Development 3,233,961 4,113,467 3,659,591 8,183,833 8,149,680 Parks and Recreation 684,148 708,237 431,636 34,150 200,245 Operating Grants and Contributions 17,845,656 17,141,326 16,657,095 23,765,614 30,557,979
Capital Grants and Contributions - - - - 2,554,198 Total governmental activities program revenues 26,432,145 26,160,636 22,965,056 34,278,359 42,470,539 Business-type activities:
Charges for services:
Water 11,994,596 12,907,193 13,841,865 14,936,511 15,110,900 Transit 16,991 6,221 6,793 34 - Total business-type activities program revenues 12,011,587 12,913,414 13,848,658 14,936,545 15,110,900 Total primary government program revenues 38,443,732$ 39,074,050$ 36,813,714$ 49,214,904$ 57,581,439$ City of Lynwood
Changes in Net Position (Continued)
Last Ten Fiscal Years
(accrual basis of accounting)
Schedule 2
Fiscal Year
Source: City of Lynwood Finance Department
205
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 292 of 582 2013 2014 2015 2016 2017
Net (Expenses)/Revenue
Governmental activities (30,080,241)$ (24,286,761)$ (27,248,201)$ (17,779,010)$ (21,223,812)$ Business-type activities 601,538 152,368 (516,249) (1,137,062) (4,591,702) Total primary government net expense (29,478,703) (24,134,393) (27,764,450) (18,916,072) (25,815,514) General Revenues and Other Changes in Net Position
Governmental activities
Taxes
Property taxes 13,833,700 13,318,023 13,782,140 9,054,582 9,265,676 Utility users tax 5,326,570 5,421,499 5,381,381 5,155,837 5,169,598 Sales taxes 6,515,224 6,721,146 7,107,526 5,159,810 4,814,034 Franchise taxes 1,300,003 2,380,457 1,533,036 657,966 577,959 Business license taxes 1,055,541 1,084,625 1,181,547 1,053,273 876,656 Other taxes 245,822 179,237 236,343 158,525 185,814 Investment earnings 254,623 387,805 177,832 323,475 220,414 Miscellaneous 802,561 227,154 115,568 963,447 869,221 Transfers 1,083,284 1,784,644 (693,613) (829,165) 2,132,037 Special item - - - (2,082,845) - Total governmental activities 30,417,328 31,504,590 28,821,760 19,614,905 24,111,409 Business-type activities
Investment earnings 73,346 69,463 65,411 143,029 82,048 Transfers (1,083,284) (1,784,644) 693,613 829,165 (2,132,037) Total business-type activities (1,009,938) (1,715,181) 759,024 972,194 (2,049,989)
Total primary government 29,407,390 29,789,409 29,580,784 20,587,099 22,061,420 Change in Net Position
Governmental activities 337,087 7,217,829 1,573,559 1,835,895 2,887,597 Business-type activities (408,400) (1,562,813) 242,775 (164,868) (6,641,691) Total primary government (71,313)$ 5,655,016$ 1,816,334$ 1,671,027$ (3,754,094)$ City of Lynwood
Changes in Net Position (Continued)
Last Ten Fiscal Years
(accrual basis of accounting)
Schedule 2
Fiscal Year
Source: City of Lynwood Finance Department
206
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 293 of 582 2018 2019 2020 2021 2022
Net (Expenses)/Revenue
Governmental activities (23,635,030)$ (23,587,180)$ (29,977,614)$ (15,164,439)$ (8,195,341)$ Business-type activities 1,758,949 2,635,966 1,950,404 1,874,802 (447,004) Total primary government net expense (21,876,081) (20,951,214) (28,027,210) (13,289,637) (8,642,345) General Revenues and Other Changes in Net Position
Governmental activities:
Taxes
Property taxes 9,795,477 10,683,709 10,877,603 11,807,523 12,517,589 Utility users tax 5,196,640 5,014,483 4,736,649 5,225,838 5,776,593 Sales taxes 9,176,594 10,236,088 10,107,253 12,886,776 14,171,446 Franchise taxes 671,343 673,766 702,844 652,305 827,532 Business license taxes 885,191 896,212 800,001 764,016 808,295 Other taxes 143,648 192,692 201,617 410,021 178,425 Investment earnings 370,824 4,371,883 6,076,939 (11,930) (502,623) Miscellaneous 497,896 1,158,007 127,625 823,915 414,260 Transfers (510,107) 4,178,906 2,686,249 1,291,583 1,002,089 Special item - - - - - Total governmental activities 26,227,506 37,405,746 36,316,780 33,850,047 35,193,606 Business-type activities
Investment earnings 240,623 609,224 418,348 84,477 (132,905) Transfers 510,107 (4,178,906) (2,686,249) (1,291,583) (1,002,089) Total business-type activities 750,730 (3,569,682) (2,267,901) (1,207,106) (1,134,994)
Total primary government 26,978,236 33,836,064 34,048,879 32,642,941 34,058,612 Change in Net Position
Governmental activities 2,592,476 13,818,566 6,339,166 18,685,608 26,998,265 Business-type activities 2,509,679 (933,716) (317,497) 667,696 (1,581,998) Total primary government 5,102,155$ 12,884,850$ 6,021,669$ 19,353,304$ 25,416,267$ City of Lynwood
Changes in Net Position (Continued)
Last Ten Fiscal Years
(accrual basis of accounting)
Schedule 2
Fiscal Year
Source: City of Lynwood Finance Department
207
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 294 of 582 2013 2014 2015 2016 2017
General Fund
Nonspendable 10,212$ -$ -$ -$ -$ Restricted:
Capital projects funds - - - 7,329 7,329 Committed 494,522 - - 75,372 Unassigned 5,976,902 4,610,951 4,543,523 2,453,365 2,487,070 Assigned - - - - - Total general fund 6,481,636$ 4,610,951$ 4,543,523$ 2,460,694$ 2,569,771$ All Other Governmental Funds
Nonspendable 497,694$ 1,348,324$ 1,348,324$ -$ -$ Restricted:
Special revenue funds 13,288,317 16,128,321 18,265,929 23,114,443 24,860,823 Capital projects funds 13,819,745 13,038,094 8,943,098 6,542,492 12,468,984 Debt service funds 1,550,047 1,550,014 1,549,981 1,550,245 797,673 Committed:
Special revenue funds - - - - 171,763 Unassigned (3,540,229) (561,208) (1,890,094) (4,125,951) (1,145,932) Total all other governmental funds 25,615,574$ 31,503,545$ 28,217,238$ 27,081,229$ 37,153,311$ City of Lynwood
Fund Balances of Governmental Funds
Last Ten Fiscal Years
(modified accrual basis of accounting)
Schedule 3
Fiscal Year
Source: City of Lynwood Finance Department
208
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 295 of 582 2018 2019 2020 2021 2022
General Fund
Nonspendable -$ -$ -$ -$ 16,927$ Restricted:
Capital projects funds 7,330 7,330 7,331 7,331 1,007,345 Committed 561,594 1,621,084 3,159,083 4,828,977 4,042,373 Unassigned 4,310,549 5,434,903 2,362,692 5,867,465 208,510 Assigned - - - - 27,470,431 Total general fund 4,879,473$ 7,063,317$ 5,529,106$ 10,703,773$ 32,745,586$ All Other Governmental Funds
Nonspendable -$ -$ -$ -$ -$ Restricted:
Special revenue funds 22,942,043 44,272,808 44,583,058 46,922,580 51,499,350 Capital projects funds 8,309,100 20,544,814 27,583,834 10,069,569 31,726,565 Debt service funds 782,292 783,176 3,472,680 28,689,358 3,805,664 Committed:
Special revenue funds 465,420 644,509 745,952 791,529 791,529 Unassigned (1,528,581) (2,818,704) (4,248,195) (3,797,255) (6,258,156) Total all other governmental funds 30,970,274$ 63,426,603$ 72,137,329$ 82,675,781$ 81,564,952$ City of Lynwood
Fund Balances of Governmental Funds (Continued)
Last Ten Fiscal Years
(modified accrual basis of accounting)
Schedule 3
Fiscal Year
Source: City of Lynwood Finance Department
209
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 296 of 582 2013 2014 2015 2016 2017
Revenues:
Taxes (see Schedule 5) 26,946,582$ 27,922,422$ 28,099,418$ 28,377,635$ 31,564,356$ Licenses, fees, and permits 1,582,798 1,519,975 1,535,755 1,469,275 1,079,321 Fines and penalties 1,820,767 1,620,345 1,431,070 1,524,942 1,601,620 Use of money and property 393,656 369,972 365,674 501,983 388,607 Intergovernmental 5,329,733 4,687,146 5,686,120 6,639,118 9,486,512 Charges for services 3,387,777 4,322,968 4,100,874 4,073,836 5,169,273 Administrative support 1,118,246 1,118,246 1,118,246 1,118,246 1,118,246 Program Income 29,450 40,000 - - - Miscellaneous 1,616,496 533,636 730,781 1,210,870 1,370,324 Total Revenues: 42,225,505 42,134,710 43,067,938 44,915,905 51,778,259 Expenditures:
General government 10,637,844 5,561,282 5,660,357 8,334,494 5,032,778 Public safety 16,667,583 17,071,643 17,026,598 18,018,139 16,500,838 Public works 8,499,526 8,729,833 8,830,245 9,145,919 11,294,021 Community development 1,022,907 1,775,426 1,981,750 1,522,374 800,318 Parks and recreation 2,849,055 2,983,717 2,939,850 2,865,986 2,935,450 Pass Through To Other Agencies - - 2,471,492 - - Capital outlay 642,303 1,356,431 - 6,723,796 11,423,972 Debt service:
Interest 971,217 900,652 4,864,154 870,719 929,521 Principal 1,047,136 1,411,038 1,175,937 808,556 2,392,349 Total Expenditures: 42,337,571 39,790,022 44,950,383 48,289,983 51,309,247 Excess of revenues over (under) Expenditures (112,066) 2,344,688 (1,882,445) (3,374,078) 469,012 Other Financing Sources (Uses):
Bonds proceeds 6,563,582 - - - 7,685,000 Payment to refunded bond escrow agent - - - - - Transfers in 11,575,810 15,574,928 7,983,212 11,425,797 24,701,464 Transfers out (10,881,725) (14,844,566) (9,454,502) (12,969,962) (23,437,287) Total Other Financing Sources (Uses): 7,257,667 730,362 (1,471,290) (1,544,165) 8,949,177 Special item - - - (2,082,845) - Net change in fund balances 7,145,601 $ 3,075,050 $ (3,353,735) $ (7,001,088) $ 9,418,189 $ Debt service as a percentage of
noncapital expenditures: 5.09% 6.40% 16.58% 3.99% 6.47% City of Lynwood
Changes in Fund Balances of Governmental Funds
Last Ten Fiscal Years
(modified accrual basis of accounting)
Schedule 4
Fiscal Year
Source: City of Lynwood Finance Department
210
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 297 of 582 2018 2019 2020 2021 2022
Revenues:
Taxes (see Schedule 5) 36,076,064$ 40,508,130$ 38,081,145$ 44,622,651$ 49,747,646$ Licenses, fees, and permits 1,338,372 1,272,593 1,167,280 1,209,119 1,162,388 Fines and penalties 1,751,217 2,344,777 1,654,693 2,323,943 1,705,168 Use of money and property 852,453 4,527,076 6,265,801 3,713,015 (223,667) Intergovernmental 5,967,357 5,527,762 4,752,470 6,935,540 20,956,327 Charges for services 3,566,354 3,108,190 2,649,720 2,457,713 2,170,846 Administrative support 1,118,246 1,118,246 1,118,674 1,118,674 - Program Income - - - - - Other revenues 2,173,308 1,528,942 775,541 3,699,452 866,855 Total Revenues: 52,843,371 59,935,716 56,465,324 66,080,107 76,385,563 Expenditures:
General government 6,260,252 5,430,688 6,205,664 5,142,568 10,556,992 Public safety 17,615,500 18,568,913 19,530,520 19,893,853 14,760,406 Public works 12,058,593 13,932,186 14,517,228 12,857,473 12,248,572 Community development 1,004,115 1,650,759 1,375,810 2,738,040 6,151,238 Parks and recreation 3,377,729 3,702,665 3,669,669 2,697,177 3,452,092 Pass Through To Other Agencies - - - - - Capital outlay 15,735,275 12,782,838 13,360,578 14,268,601 6,422,198 Debt service:
Interest 1,008,324 4,082,308 3,492,742 2,597,307 2,816,438 Principal 873,452 1,738,123 2,276,366 2,847,918 2,651,204 Total Expenditures: 57,933,240 61,888,480 64,428,577 63,042,937 59,059,140 Excess of revenues over (under) Expenditures (5,089,869) (1,952,764) (7,963,253) 3,037,170 17,326,423 Other Financing Sources (Uses):
Bonds proceeds 2,740,000 35,869,165 22,420,000 14,278,064 811,623 Payment to refunded bond escrow agent - - (8,985,000) - 2,000,000 Transfers in 17,007,561 21,172,376 27,873,462 19,280,867 13,617,673 Transfers out (18,531,027) (20,448,604) (26,168,694) (20,882,982) (14,320,116) Total Other Financing Sources (Uses): 1,216,534 36,592,937 15,139,768 12,675,949 2,109,180 Special item - - - - - Net change in fund balances (3,873,335)$ 34,640,173$ 7,176,515$ 15,713,119$ 19,435,603$ Debt service as a percentage of
noncapital expenditures: 3.25% 9.40% 8.95% 11.16% 10.42% City of Lynwood
Changes in Fund Balances of Governmental Funds (Continued) Last Ten Fiscal Years
(modified accrual basis of accounting)
Schedule 4
Fiscal Year
Source: City of Lynwood Finance Department
211
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 298 of 582 This page intentionally left blank
212
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 299 of 582 Fiscal
Year Property Sales Taxes
Utility Users
Tax Franchise
Property
Transfer Other Total
2013 13,833,700 6,515,224 5,326,570 1,300,003 254,623 254,822 27,484,942 2014 13,318,023 6,721,146 5,421,499 2,380,457 387,805 179,237 28,408,167 2015 13,782,140 7,107,526 5,381,381 1,533,036 - 236,343 28,040,426 2016 15,112,877 7,302,546 5,155,837 647,850 88,564 69,961 28,377,635 2017 15,547,317 8,010,746 5,169,598 577,959 112,071 73,743 29,491,434 2018 15,789,300 13,250,201 5,196,640 1,652,610 102,646 73,369 36,064,766 2019 10,600,246 10,236,088 5,014,483 673,766 83,463 1,088,904 27,696,950 2020 10,877,603 10,107,253 4,736,649 702,844 79,740 921,878 27,425,967 2021 11,807,523 12,886,776 5,225,838 652,305 280,325 893,712 31,746,479 2022 12,517,589 14,171,446 5,776,593 827,532 35,070 951,650 34,279,880 City of Lynwood
Tax Revenues by Source of Governmental Funds
Last Ten Fiscal Years
Schedule 5
Source: City of Lynwood Finance Department
213
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 300 of 582 2013 2014 2015 2016 2017
Residential 1,889,584,384$ 1,959,709,331$ 2,033,412,985$ 2,145,047,282$ 2,239,221,012$ Industrial 233,309,815 245,749,667 250,856,840 255,981,922 277,993,737 Commercial 319,869,481 306,219,798 344,128,361 361,390,369 375,592,007 Institutional 217,361,956 310,720,341 320,358,478 314,952,588 312,544,660 Unclassified 15,390,492 17,565,180 16,401,813 15,805,005 16,047,269 Vacant Land 31,578,727 50,245,155 27,187,345 27,197,344 27,456,753 Recreational 309,706 315,898 317,330 323,668 3,818,892 Possessory Interest 4,122,775 4,377,782 4,691,661 4,945,767 5,252,407 Miscellaneous 1,664,398 1,145,617 135,273 137,451 139,146 Government - - - - - Unitary 977 191 182 177 159 Unsecured 87,556,507 90,669,780 90,075,523 91,745,901 87,670,655 Tax Exempt (29,940,424) (307,087,908) (332,003,002) (323,106,195) (326,060,603) Totals 2,770,808,794$ 2,679,630,832$ 2,755,562,789$ 2,894,421,279$ 3,019,676,094$ City of Lynwood
Assessed Value
Last Ten Fiscal Years
Schedule 6
Fiscal Year
Source: Los Angeles County Assessor data, MuniServices, LLC 214
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 301 of 582 2018 2019 2020 2021 2022
Residential 2,356,724,122$ 2,487,200,043$ 2,616,032,409$ 2,756,128,280$ 2,856,541,413$ Industrial 293,269,290 340,299,975 362,333,739 405,179,415 427,613,280 Commercial 390,379,249 408,867,578 433,151,308 448,093,195 492,603,904 Institutional 320,582,799 322,122,208 327,244,068 334,148,725 257,239,406 Unclassified 16,368,200 16,605,633 16,937,734 17,361,945 18,037,265 Vacant Land 27,774,822 35,903,273 29,676,398 29,195,281 425,761 Recreational 3,027,613 3,088,162 3,149,923 3,212,919 4,097,904 Possessory Interest 5,679,542 6,076,410 6,541,914 6,990,393 7,578,983 Miscellaneous 141,403 143,705 146,053 148,448 149,712 Government - 10,000 - - - Unitary 153 - - - - Unsecured 86,493,766 126,040,208 132,236,535 98,823,624 103,348,091 Tax Exempt (329,295,700) (259,977,346) (347,064,777) (266,968,959) (80,303,653) Totals 3,171,145,259$ 3,486,379,849$ 3,580,385,304$ 3,832,313,266$ 4,087,332,066$ City of Lynwood
Assessed Value (Continued)
Last Ten Fiscal Years
Schedule 6
Fiscal Year
Source: Los Angeles County Assessor data, MuniServices, LLC 215
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 302 of 582 Agency 2013 2014 2015 2016 2017
Basic Levy 1.000000 1.000000 1.000000 1.000000 1.000000 Compton Community College District 0.025618 0.023214 0.023799 0.057774 0.057892 Compton Unified School District 0.075823 0.000000 0.000000 0.000000 0.000000 County Detention Facilities 1987 Debt 0.000000 0.000000 0.000000 0.000000 0.000000 LA Community College District 0.048750 0.000000 0.000000 0.000000 0.000000 LA County Flood Control 0.000000 0.000000 0.000000 0.000000 0.000000 Los Angeles Unified School District 0.175619 0.000000 0.000000 0.000000 0.000000 Lynwood Unified 0.050589 0.120048 0.084892 0.297915 0.360094 Metropolitan Water District 0.003500 0.003500 0.003500 0.003500 0.003500 Tax District 0.125000 0.125000 0.125000 0.125000 0.125000 Total Direct & Overlapping Tax Rates 1.504899 1.271762 1.237191 1.484189 1.546486 City's Share of 1% Levy Per Prop 13 0.113014 0.113014 0.113014 0.113014 0.113014 Source: Los Angeles County Auditor/Controller, Avenu Insights & Analytics For purposes of this report, TRA 6-089, 1-407, and 3-228 are represented.
Total Direct and Overlapping Tax Rates include all rates which occur within the city. Not all tax rates occur within each TRA.
City of Lynwood
Direct and Overlapping Property Tax Rates
Last Ten Fiscal Years
(rate per $1,000 of assessed value)
Schedule 7
Fiscal Year
Source: HdL Coren and Cole
216
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 303 of 582 Agency 2018 2019 2020 2021 2022
Basic Levy 1.000000 1.000000 1.000000 1.000000 1.000000 Compton Community College District 0.068796 0.091284 0.074043 0.066207 0.071841 Compton Unified School District 0.000000 0.000000 0.000000 0.000000 0.000000 County Detention Facilities 1987 Debt 0.000000 0.000000 0.000000 0.000000 0.000000 LA Community College District 0.000000 0.000000 0.000000 0.000000 0.000000 LA County Flood Control 0.000000 0.000000 0.000000 0.000000 0.000000 Los Angeles Unified School District 0.000000 0.000000 0.000000 0.000000 0.000000 Lynwood Unified 0.434629 0.358944 0.425567 0.346217 0.375149 Metropolitan Water District 0.003500 0.003500 0.003500 0.003500 0.003500 Tax District 0.125000 0.125000 0.125000 0.125000 0.125000 Total Direct & Overlapping Tax Rates 1.631925 1.578728 1.628110 1.540924 1.575490 City's Share of 1% Levy Per Prop 13 0.113014 0.113014 0.113014 0.113014 0.113014 City of Lynwood
Direct and Overlapping Property Tax Rates (Continued)
Last Ten Fiscal Years
(rate per $1,000 of assessed value)
Schedule 7
Fiscal Year
Source: HdL Coren and Cole
217
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 304 of 582 Taxpayer Value Rank
% of Net
Assessed Value Taxable Value ($) Rank
% of Net
Assessed Value
MPT of Lynwood LP 203,500,822$ 1 4.98% - - Duke Realty Ltd.. Partnership 72,417,502 2 1.77% 38,120,000$ 3 1.38% Terreno Lynwood LLC 64,887,602 3 1.59% - - Plamex Investment LLC 48,784,066 4 1.19% 41,716,353 2 1.51% Earl M Jorgensen Co 29,294,921 5 0.72% 17,823,564 5 0.64% Rexford Industrial Industry Wa 24,427,126 6 0.60% - - Prime Desert Properties LLC 24,336,813 7 0.60% - - Primrose19 LP 21,641,910 8 0.53% - - Jones Lumber Company 18,061,860 9 0.44% 15,451,700 7 0.56% Ek Lynwood LLC 16,640,575 10 0.41% - - St. Francis Medical Center - - 195,111,957 1 7.04% Lynwood Alameda Corp - - 20,401,209 4 0.74% Albi Lynwood Investments LLC - - 17,445,448 6 0.63% Aaron Industries Inc. - - 14,894,624 8 0.54% Atlantic Lynwood LLC - - 11,735,687 9 0.42% 805 Property LLC - - 11,654,681 10 0.42% Top Ten Totals 523,993,197$ 12.82% 384,355,223$ 13.87% Total Taxable Value 4,087,332,066$ 100.00% 2,770,808,794$ 100.00% Source: Los Angeles County Assessor data, Avenu Insights & Analytics City of Lynwood
Principal Property Taxpayers
Current Year and Nine Years Ago
Schedule 8
2021-22 2012-13
218
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 305 of 582 Fiscal
Year Taxes Levied
Collected within the
Fiscal Year of the Levy
Ended
June 30
for the
Fiscal Year Amount
Percentage
of Levy Amount
Percentage of
Levy
2013 2,375,934$ 2,355,554$ 99.14% - 2,355,554$ 99.14% 2014 2,218,405 2,215,707 99.88% - 2,215,707 99.88% 2015 2,304,908 2,305,732 100.04% - 2,305,732 100.04% 2016 2,446,457 2,426,730 99.19% - 2,426,730 99.19% 2017 2,522,252 2,505,333 99.33% - 2,505,333 99.33% 2018 2,668,369 2,657,529 99.59% - 2,657,529 99.59% 2019 2,925,364 2,897,116 99.03% - 2,897,116 99.03% 2020 2,941,642 2,858,882 97.19% - 2,858,882 97.19% 2021 3,194,430 3,148,490 98.56% - 3,148,490 98.56% 2022 3,400,237 3,357,875 98.75% - 3,357,875 98.75% Source: County Assessor Data and City General Ledger, Avenu Insights & Analytics Source: 2011-12 and prior, previously published ACFR Report *Includes 1% secured apportionment only
(-) Data Unavailable
(1) Years with over 100% of levy are due to prior year collections Collections in
Subsequent Years
Total Collections to Date
City of Lynwood
Property Tax Levies and Collections
Last Ten Fiscal Years
Schedule 9
Note:
*Other Collections may include Prior Years delinquencies, Interest and Penalties, Tax Redemption, and Supplemental Taxes.
Sources: HdL Coren Cone
MuniServices
219
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 306 of 582 Category Name 2013 2014 2015 2016 2017
Accommodation and Food Services 633,417 $ 674,738 $ 708,090 $ 766,715 $ 801,504 $ Agriculture, Forestry, Fishing and Hunting 3,321 (1,666) (2,093) (1,134) (6,870) Arts, Entertainment, and Recreation 21 20 20 19 66 Construction 15,124 25,811 28,371 29,148 38,402 Educational Services 3,554 2,945 2,984 4,496 5,134 Information 3,985 3,482 4,002 5,217 5,498 Manufacturing 114,773 115,125 104,417 130,441 158,526 Mining, Quarrying, and Oil and Gas Extraction 128,437 105,674 115,425 127,080 120,270 Other Services (except Public Administration) 39,416 73,401 39,781 45,233 56,546 Professional, Scientific, and Technical Services 8,323 16,217 17,297 17,244 15,306 Real Estate and Rental and Leasing 1,659 1,808 1,489 2,131 4,707 Retail Trade 2,064,831 2,087,671 2,103,933 2,131,932 2,056,174 Utilities 9,557 7,917 8,010 8,935 9,895 All Other Sectors 120,967 132,679 126,877 135,596 136,177 Grand Total 3,147,386 $ 3,245,820 $ 3,258,603 $ 3,403,052 $ 3,401,337 $ Source: Avenu Insights & Analytics
City of Lynwood
Taxable Sales by Category
Last Ten Calendar Years
The data contained in this report is economic and therefore constantly changing as adjustments, fund transfers, late filings and audits are recorded.
The categories listed in previous reports were based on SBOE NAICS codes and have been updated to reflect current updated CDTFA standards. (In Thousands of dollars)
Schedule 10
Fiscal Year
220
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 307 of 582 Category Name 2018 2019 2020 2021 2022
Accommodation and Food Services 853,421 $ 908,012 $ 917,492 $ 852,545 $ 1,038,160 $ Agriculture, Forestry, Fishing and Hunting (1,493) 395 233 996 4,844 Arts, Entertainment, and Recreation 58 28 10 - - Construction 39,866 48,575 214,902 178,493 - Educational Services 7,297 6,088 7,182 4,583 6,053 Information 6,472 6,235 6,629 6,125 7,099 Manufacturing 133,180 137,842 109,551 222,309 212,806 Mining, Quarrying, and Oil and Gas Extraction 117,318 117,202 96,312 99,769 116,055 Other Services (except Public Administration) 71,949 50,488 46,368 36,197 57,604 Professional, Scientific, and Technical Services 17,955 17,268 15,538 8,884 22,554 Real Estate and Rental and Leasing 3,553 1,203 1,295 401 2,229 Retail Trade 2,207,536 2,377,390 2,387,712 2,399,144 3,326,443 Utilities 11,924 21,527 19,811 76,003 356,128 All Other Sectors 143,571 145,091 149,800 160,099 162,624 Grand Total 3,612,606 $ 3,837,346 $ 3,972,835 $ 4,045,549 $ 5,312,599 $ Source: Avenu Insights & Analytics
City of Lynwood
Taxable Sales by Category (Continued)
Last Ten Calendar Years
(In Thousands of dollars)
Schedule 10
Fiscal Year
221
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 308 of 582 Fiscal Year
City Direct
Rate
Los Angeles
County
2013 1% 1%
2014 1% 1%
2015 1% 1%
2016 1% 1%
2017 2% 1%
2018 2% 1%
2019 2% 1%
2020 2% 1%
2021 2% 1%
2022 2% 1%
Additional Add on sales Tax (1%) effective on Nov 2016 for 10 years.
City of Lynwood
Direct and Overlapping Sales Tax Rates
Last Ten Fiscal Years
Schedule 11
Source: HdL Coren and Cole
222
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 309 of 582 2021-22 2012-13
Tax Remitter Business Category Tax Remitter Business Category 7-Eleven Food Stores Food Markets 99 Cents Only Stores Department Stores Amuse - MMD Drug Stores Airgas-West Heavy Industry
Arco AM/PM Mini Marts Service Stations Alpha Beta Market Food Markets Autozone Auto Parts/Repair Arco AM/PM Mini Marts Service Stations Becc - MMD Drug Stores Autozone Auto Parts/Repair
Chevron Service Stations Service Stations Chevron Service Stations Service Stations Curacao Department Stores CVS Pharmacy Drug Stores
Elite Roofing Supply Bldg.Matls-Whsle Del Steel Ornamental & Tube Bldg.Matls-Whsle Food 4 Less Food Markets Factory 2-U Department Stores
Harbor Freight Tools Bldg.Matls-Retail Jones Lumber Company Bldg.Matls-Whsle Jack In The Box Restaurants Restaurants King Taco Restaurant Restaurants Jones Lumber Company Bldg.Matls-Retail La Curacao Furniture/Appliance K.D.H. Used Truck Sales Misc. Vehicle Sales Mcdonald's Restaurants Restaurants Magnolia Extracts - MMD Drug Stores Rapid Gas Service Stations Service Stations Mcdonald's Restaurants Restaurants Rite Aid Drug Stores Drug Stores Shell Service Stations Service Stations Shell Service Stations Service Stations Stop & Save Gas & Market Service Stations Smart & Final Food Markets Superior Grocers Food Markets Stambouli Via Trading Miscellaneous Retail Tacos El Gavilan Restaurants Sun's Market Gas & Diesel Service Stations Tam's Burgers Restaurants Superior Super Warehouse Food Markets The Kickin Crab Restaurants TJ's Metal Manufacturing Heavy Industry TJ's Metal Manufacturing Heavy Industry Union 76 Service Stations Service Stations Union 76 Service Stations Service Stations Valu Plus Food Warehouse Food Markets United Oil Service Stations Service Stations Verizon Wireless Miscellaneous Retail Warehouse Shoe Sale Wss Apparel Stores Walgreens Drug Stores Drug Stores Source: Avenu Insights & Analytics
City of Lynwood
Principal Sales Tax Remitters
Current Year and Nine Years Ago
Schedule 12
Note:
California Law Prohibits Further Detail.
Source: Muniservices 223
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 310 of 582 This page intentionally left blank.
224
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 311 of 582 Fiscal
Year
General
Obligation
Bonds Total Per Capita
2013 39,291,079$ 39,291,079$ 556
2014 38,495,932 38,495,932 542
2015 37,219,957 37,219,957 521
2016 35,942,769 35,942,769 496
2017 40,720,881 40,720,881 566
2018 52,414,697 52,414,697 728
2019 83,749,890 83,749,890 1,174
2020 114,103,885 114,103,885 1,601
2021 125,188,350 125,188,350 1,791
2022 122,407,201 122,407,201 1,835
General Bonded Debt Outstanding
City of Lynwood
Bonded Debt Outstanding
Schedule 13
Last Ten Fiscal Years
Source: City of Lynwood Finance Department
225
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 312 of 582 Fiscal
Year
HUD Loan
Payable Loans Payable Revenue Bonds Leases Payable
2012 4,765,000$ -$ 13,344,480$ -$ 2013 4,405,000 - 19,341,892 - 2014 4,025,000 122,241 18,867,322 - 2015 - 83,068 18,076,142 - 2016 - 42,349 17,254,752 - 2017 - - 22,598,362 - 2018 - - 24,473,520 - 2019 - - 56,277,196 - 2020 - - 67,287,680 - 2021 - 778,064 78,086,901 - 2022 - 1,530,186 75,476,606 410,681 Governmental Activies
Schedule 14
Last Ten Fiscal Years
Ratios of Outstanding Debt by Type
City of Lynwood
Source: City of Lynwood Finance Department
226
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 313 of 582 Business-type
Activities
Fiscal
Year
Water
Revenue
Bonds
Total
Primary
Government
Percentage
of Personal
Income
Debt Per
Capita
2012 20,329,097$ 38,438,577$ 4.55% 1,092 2013 19,949,097 43,695,989 9.32% 1,142 2014 19,628,710 42,643,273 8.81% 1,103 2015 19,143,815 37,303,025 8.11% 1,012 2016 18,645,667 35,944,784 3.88% 496 2017 18,122,519 40,720,881 4.22% 562 2018 27,941,177 52,414,697 1.84% 728 2019 27,472,694 83,749,890 1.28% 1,174 2020 46,816,205 114,103,885 0.98% 1,603 2021 46,323,385 125,190,371 0.94% 1,791.51 2022 45,370,565 122,788,038 1.05% 1,840.27
Schedule 14
Last Ten Fiscal Years
Ratios of Outstanding Debt by Type (Continued)
City of Lynwood
Source: City of Lynwood Finance Department
227
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 314 of 582 This page intentionally left blank.
228
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 315 of 582 2021-22 Assessed Valuation: $ 4,120,196,768$
Total Debt % City’s Share of
OVERLAPPING TAX AND ASSESSMENT DEBT: 6/30/2022 Applicable (1) Debt 6/30/22 Metropolitan Water District $20,175,000 0.121% $24,412
Compton Community College District 109,260,834 16.181 17,679,496 Los Angeles Community College District 4,146,515,000 0.006 248,791 Compton Unified School District 230,206,050 0.722 1,662,088 Los Angeles Unified School District 10,770,060,000 0.007 753,904 Lynwood Unified School District 122,963,481 98.242 120,801,783 TOTAL GROSS OVERLAPPING TAX AND ASSESSMENT DEBT $141,170,474 Less: Los Angeles Unified School District General Obligation Bonds, Election of 2005, Series J (2010) Qualified School Construction Bonds: Amount accumulated in Interest and Sinking Fund and Set Aside for Repayment 10,841
TOTAL NET OVERLAPPING TAX AND ASSESSMENT DEBT $141,159,633 DIRECT AND OVERLAPPING GENERAL FUND DEBT:
Los Angeles County General Fund Obligations $2,698,357,105 0.233% $6,287,172 Los Angeles County Superintendent of Schools Certificates of Participation 3,972,227 0.233 9,255 Compton Unified School District Certificates of Participation 26,870,000 0.722 194,001 Los Angeles Unified School District Certificates of Participation 120,710,000 0.007 8,450 Lynwood Unified School District Certificates of Participation 16,050,000 98.242 15,767,841 City of Lynwood General Fund Obligations 75,476,606 100 75,476,606 Los Angeles County Sanitation District No. 1 Authority 983,052 11.307 111,154 TOTAL DIRECT AND OVERLAPPING GENERAL FUND DEBT $97,854,479 OVERLAPPING TAX INCREMENT DEBT (Successor Agency): $38,300,000 100.00% $38,300,000 TOTAL DIRECT DEBT $75,476,606
TOTAL GROSS OVERLAPPING DEBT $201,848,347
TOTAL NET OVERLAPPING DEBT $201,837,506
GROSS COMBINED TOTAL DEBT $277,324,953 (2)
NET COMBINED TOTAL DEBT $277,314,112
(1)
(2)
Ratios to 2020-21 Assessed Valuation:
Total Gross Overlapping Tax and Assessment Debt 3.43%
Total Net Overlapping Tax and Assessment Debt 3.43%
Total Direct Debt ($75,476,606) 1.83%
Gross Combined Total Debt 6.73%
Net Combined Total Debt 6.73%
Ratios to Redevelopment Successor Agency Incremental Valuation ($1,236,716,919):
Overlapping Tax Increment Debt 3.10%
Source: Avenu Insights & Analytics
California Municipal Statistics, Inc.
The percentage of overlapping debt applicable to the city is estimated using taxable assessed property value. Applicable percentages were estimated by determining the portion of the overlapping district's assessed value that is within the boundaries of the city divided by the district's total taxable assessed value.
Excludes tax and revenue anticipation notes, enterprise revenue, mortgage revenue and non-bonded capital lease obligations.
City of Lynwood
Direct and Overlapping Governmental Activities Debt
As of June 30, 2022
Schedule 15
Source: MuniServices
229
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 316 of 582 2013 2014 2015 2016 2017
Taxable Assessed Valuation 2,770,808,830$ 2,679,630,832$ 2,755,562,789$ 2,894,421,279$ 3,019,676,094$ Conversion percentage 25% 25% 25% 25% 25%
Adjusted assessed valuation 692,702,207.50$ 669,907,708.00$ 688,890,697.25$ 723,605,319.75$ 754,919,023.50$ Debt limit percentage 15% 15% 15% 15% 15%
Debt limit 103,905,331.13$ 100,486,156.20$ 103,333,604.59$ 108,540,797.96$ 113,237,853.53$ Total net debt applicable to the
limit:
General obligation bonds 0% 0% 0% 0% 0%
Legal debt margin 103,905,331.13$ 100,486,156.20$ 103,333,604.59$ 108,540,797.96$ 113,237,853.53$ Fiscal Year
City of Lynwood
Legal Debt Margin Information
Last Ten Fiscal Years
Schedule 16
Source: County of Los Angeles Department of Auditor-Controller 230
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 317 of 582 2018 2019 2020 2021 2022
Taxable Assessed Valuation 3,171,145,259$ 3,486,379,849$ 3,580,385,304$ 3,832,313,266$ 4,087,332,066$ Conversion percentage 25% 25% 25% 25% 25%
Adjusted assessed valuation 792,786,314.75$ 871,594,962.25$ 895,096,326.00$ 958,078,316.50$ 1,021,833,016.50$ Debt limit percentage 15% 15% 15% 15% 15%
Debt limit 118,917,947.21$ 130,739,244.34$ 134,264,448.90$ 143,711,747.48$ 153,274,952.48$ Total net debt applicable to the
limit:
General obligation bonds 0% 0% 0% 0% 0%
Legal debt margin 118,917,947.21$ 130,739,244.34$ 134,264,448.90$ 143,711,747.48$ 153,274,952.48$ Fiscal Year
City of Lynwood
Legal Debt Margin Information (Continued)
Last Ten Fiscal Years
Schedule 16
Source: County of Los Angeles Department of Auditor-Controller 231
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 318 of 582 Water Revenue Bonds
Debt Service
Fiscal
Year
Utility
Service
Charges
Less:
Operating
Expenses
Net
Available
Revenue Principal Interest
2013 10,425,555$ 8,811,081 $ 1,614,474 $ 380,000 $ 1,012,936 $ 2014 10,176,697$ 8,646,420 $ 1,530,277 $ 490,000 $ 921,542 $ 2015 10,298,091$ 8,843,081 $ 1,455,010 $ 505,000 $ 902,233 $ 2016 8,429,925$ 8,508,146 $ (78,221) $ 505,000 $ 902,233 $ 2017 9,788,763$ 7,380,986 $ 2,407,777 $ 530,000 $ 879,999 $ 2018 11,994,596$ 7,330,103 $ 4,664,493 $ 13,780,000 $ 1,339,416 $ 2019 12,907,193$ 7,763,221 $ 5,143,972 $ 475,000 $ 934,508 $ 2020 13,841,865$ 8,963,264 $ 4,878,601 $ 495,000 $ 919,757 $ 2021 14,936,511$ 9,482,731 $ 5,453,780 $ 505,000 $ 903,523 $ 2022 15,038,510$ 13,316,117 $ 1,722,393 $ 965,000 $ 1,621,611 $ City of Lynwood
Pledge-Revenue Coverage
Last Ten Fiscal Years
Schedule 17
Source: City of Lynwood Finance
Department
232
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 319 of 582 Public Finance Authority
Revenue Bonds Tax Allocation Bonds Other Debt
Debt Service Debt Service Debt Service
Fiscal
Year Principal Interest Principal Interest Principal Interest 2013 575,000$ 651,554$ - $ - $ 396,217$ 287,591$ 2014 800,000$ 842,578$ - $ - $ 444,173$ 227,380$ 2015 830,000$ 805,656$ - $ - $ 40,179$ 2,891$ 2016 650,000$ 124,250$ - $ - $ 40,718$ 2,891$ 2017 685,000$ 561,475$ - $ - $ 40,719$ -$ 2018 678,452$ 713,666$ - $ - $ -$ -$ 2019 3,877,308$ 909,921$ - $ - $ -$ 69,870$ 2020 9,401,366$ 1,119,759$ - $ - $ 1,860,000$ 753,043$ 2021 862,307$ 1,664,728$ - $ - $ 1,735,000$ 874,309$ 2022 690,994$ 1,769,908$ - $ - $ 1,855,000$ 755,561$ * Due to the dissolution of the Lynwood Redevelopment Agency in 2012, all of the LRA's debt has been moved to the Successor Agency Private Purpose Trust Fund(Fiduciary Fund).
City of Lynwood
Pledge-Revenue Coverage (Continued)
Last Ten Fiscal Years
Schedule 17
Source: City of Lynwood Finance
Department
233
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 320 of 582 Calendar
Year Population (1)
Personal
Income
(thousands
of dollars)
Per
Capita
Personal
Income (2)
Public
School
Enrollment (3)
City
Unemployment
Rate (4)
2013 70,645 $866,037 $12,259 15,029 17.2% 2014 70,980 $888,428 $12,517 14,919 15.7% 2015 71,381 $891,135 $12,484 14,776 8.7% 2016 72,505 $927,182 $12,787 14,830 8.3% 2017 71,997 $964,934 $13,402 14,497 6.5% 2018 72,015 $1,026,549 $14,255 14,211 4.7% 2019 71,343 $1,072,686 $15,036 13,802 4.4% 2020 71,269 $1,114,531 $15,638 13,245 21.9% 2021 69,880 $1,179,542 $16,880 12,791 14.4% 2022 66,723 $1,293,674 $19,389 12,219 5.0% Source: MuniServices
(1) Population projections are provided by the California Department of Finance Projections. (2) Income Data is provided by the Census Bureau, 2010 American Community Survey. (3) Student Enrollment reflects the total number of students enrolled in the Lynwood Unified School District. Any other school districts within the City are not accounted for in the statistic. (4) Unemployment Data is provided by the EDD's Bureau of Labor Statistics Department City of Lynwood
Demographic and Economic Statistics
Last Ten Calendar Years
Schedule 18
234
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 321 of 582 Employees Rank Employees Rank
Employer
St. Francis Medical Center 1,954 1 2,100 1
Lynwood Unified School District* 1,693 2 1,586 2
LA County Sheriff Department 265 3 301 3
PL Development (formerly Aaron Industries Inc.) 180 4 279 4 California Post-Acute Care 171 5 220 5
City of Lynwood 130 6 146 6
Granada Post Acute 130 7 100 10
Superior Warehouse Grocers Inc. 125 8 118 8
El Super 124 9 116 9
Earle M. Jorgensen Company 112 10 130 7
4,884 5,096
City of Lynwood
Principal Employers
Current and Nine Years Ago
Schedule 19
2021-22 2012-13
Source: City of Lynwood Business License
235
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 322 of 582 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Function/Program
General Government
City Council 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5
City Clerk 4444 3 . 5 2 . 5 3 . 5 1 . 522
City Treasurer 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5
City Manager 55447 4 . 58656
Development Services 13.5 15 12 12 16 30 0000
Finance & Administration 19 19 15.5 15.5 14.5 17 15 13 10.5 10 Human Resources 4455456 5 . 5 3 . 55
Public Relations 15.5 15.5 13 13 13.5 00000
Public Works 66 66 70 70 68 65 70.5 55.5 43 47.5
Parks and Recreation 53 52.5 52.5 52.5 49.5 57.5 61 37.5 18 30.06 Community Development 888800 3 0 25.5 24 21.5
Technology and media support 0065654333
Fiscal Year
City of Lynwood
Full-Time Equivalent City Government Employees by Function/Program Last Ten Fiscal Years
Schedule 20
Source: City of Lynwood Finance Department
236
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 323 of 582 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Function / Program
General government
Building permits issued 1,110 1,157 828 1,008 959 1,144 571 921 852 816 Building inspections conducted 2,983 2,951 3,013 2,928 3,050 2,187 1,352 2,124 1,701 2,440 Sheriff
Physical arrests 3,391 3,075 2,383 2,294 3,178 2,334 3,036 2,775 1,684 1,645 Fire
Emergency responses 4,914 4,980 5,658 5,965 5,234 5,526 6,662 6,360 6,360 6,452 Fires extinguished 153 154 132 163 158 162 118 141 141 336 Inspections 1,371 1,606 1,313 1,016 1,354 1,621 1,247 502 502 766 Refuse collection
Refuse collected (tons per day) 128 129 144 142 138 91 116 114 116 114 Recyclables collected (tons per day) 65 39 49 60 62 46 16 18 23 26 Other public works
Potholes repaired 6,800 6,800 4,500 7,800 8,350 9,377 8,569 7,466 3,379 3,754 Water
Water main breaks 2
- 2 15 3 7 7 7 2 - Average daily consumption
(thousands of gallons) 5,223 5,178 5,009 5,164 5,164 4,289 4,588 4,561 3,591 4,515 Fiscal Year
City of Lynwood
Operating Indicators by Functions/Program
Last Ten Fiscal Years
Schedule 21
Source: City of Lynwood Finance Department
237
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 324 of 582 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Function/Program
Sheriff
Stations 1 1 1 1 1 1 1 1 1 1 Zone offices - - - - - - - - - - Patrol units 24 24 24 24 24 24 24 24 24 22 Fire Stations 2 2 2 2 2 2 2 2 2 2 Other public works
Streets (miles) 90 90 90 90 90 90 90 90 90 95 Streetlights 4,175 4,175 4,175 4,175 4,175 4,175 4,175 4,175 4,175 3,560 Parks and recreation
Acreage 41 41 41 41 41 41 41 41 46 46 Playgrounds 5 5 5 5 5 5 5 5 8 8 Baseball/softball diamonds 4 4 4 4 4 4 4 4 4 4 Soccer/football fields 3 3 3
3 3 3 3 3 3 3 Community Centers 4 4 4 4 4 4 4 4 4 4 Water
Water mains (miles) 90 90 90 90 90 90 90 90 90 90 Fire hydrants 1,100 1,100 1,100 1,100 1,100 1,100 1,100 1,100 1,100 1,100 Storage capacity (thousands of gallons) 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 Wastewater
Sanitary sewers (miles) 82 82 82 82 82 82 82 82 82 82 Storm sewers (miles) 2 2 2 2 2 2 2 2 2 2 Fiscal Year
City of Lynwood
Capital Asset Statistics by Function/Program
Last Ten Fiscal Years
Schedule 22
Source: City of Lynwood Finance Department
238
FINAL DRAFT 02.16.2023City Council Regular Meeting - Page 325 of 582 Agenda Item # 12.
AGENDA STAFF REPORT
DATE:
February 21, 2023
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Harry Wong, Director of Finance & Administration
SUBJECT:
APPROVAL OF RESOLUTION NO. 23-XX – APPLICATION FOR GRANT FUNDING
FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT’S CALHOME PROGRAM
Recommendation:
Staff recommends City Council adopt Resolution No. 23-xx, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LYNWOOD AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE
CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE CALHOME PROGRAM; THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE CALHOME PROGRAM.
Background:
The California Department of Housing and Community Development (HCD) is responsible for administering the CalHome Program, established by Chapter 84, Statutes of 2000 (SB 1656 Alarcon), and codified in Chapter 6 (commencing with Section 50650) of Part 2 of Division 31 of the Health and Safety Code. The Program provides loans and grants to local public entities and nonprofits for homeownership development projects, technical assistance for self-help housing projects, first-time homebuyer mortgage assistance, owner-occupied rehabilitation assistance, technical assistance for shared housing programs, and accessory dwelling unit/junior accessory dwelling unit programs. The CalHome application is a competitive application process rated and ranked by HCD to determine the grant recipients.
In January 2023, HCD announced the release of the 2023 Homeownership Super Notice of Funding Availability for approximately $170 million, for the CalHome Program ($135,000,000) and Joe Serna, Jr. Farmworker Housing Grant Program ($35,000,000). The City wishes to submit an application for CalHome Program funds in the amount of up to five million dollars ($5,000,000) for First-Time Homebuyer Mortgage Assistance Programs ($2,800,000) and an Owner-Occupied Rehabilitation Loan Program ($2,200,000).
Discussion and Analysis:
City Council Regular Meeting - Page 326 of 582
In order to submit an application for the CalHome Program, a City Council resolution authorizing submittal to HCD is required, and it also authorizes the City Manager to execute the application and any other documents. In addition, the City has engaged Global Urban Strategies, Inc. for the administration of the CalHome Program, including loan servicing, monitoring, homebuyer education, submittal of reimbursement requests, program eligibility, and vetting of applicants. Global Urban Strategies, Inc. has extensive experience administering various state and federally funded programs including the CalHome Program and will be compensated directly from the administration fees allocated by the program funds.
This time-sensitive item requires City Council action to allow for timely submission of the application to HCD. To remain eligible to apply for CalHome funds, City Council must approve the application submitted before the application deadline of February 28, 2023. If the application for funding is approved, the City hereby agrees to use the CalHome funds for eligible activities in the manner presented in the application as approved by HCD and in accordance with program regulations.
Fiscal Impact:
As there are no local match requirements, there will be no fiscal impact to the City. Any amount awarded could help supplement Community Development Block Grant projects including Housing and Code Enforcement and/or Capital Improvement. All administration fees will be reimbursed by the grant’s activity delivery fees.
Coordinated With:
City Manager
City Attorney
ATTACHMENTS:
Description
Resolution
City Council Regular Meeting - Page 327 of 582
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE
SUBMISSION OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE CALHOME PROGRAM; THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS
NECESSARY TO PARTICIPATE IN THE CALHOME PROGRAM
WHEREAS, the City of Lynwood, a political subdivision of the State of California, wishes to apply for and receive an allocation of funds through the CalHome Program; and
WHEREAS, the California Department of Housing and Communi ty Development hereinafter referred to as " HCD " has issued a Notice of Funding Availability ("NOFA ") on January 6, 2023 , for the CalHome program established by Chapter 84, Statutes of 2000 (SB 1656 Alarcon), and codified in Chapter 6 (commencing with Section 50650) of Part 2 of Division 31 of the Health and Safety Code (the " statute”), Pursuant to the statute, HCD is authorized to approve funding allocations utilizing monies made available by the State Legislature to the CalHome program, subject to the terms and conditions of the statute and the CalHome Program Regulations adopted by HCD in April 2004; and
WHEREAS, the City of Lynwood wishes to submit a n application for a n allocation of CalHome Program funds in the amount up to Five Million Dollars ($5,000,000); and
WHEREAS, the City of Lynwood, upon the award of said grant funding, wishes to enter into a Professional Service Agreement with Global Urban Strategies, Inc. for the Administration of the CalHome Program (including loan servicing, monitoring , Homebuyer Education, and submittal of reimbursement requests), program eligibility and vetting of applicants; and
WHEREAS, Global Urban Strategies, Inc. has extensive experience administering various state and federally funded programs including the Cal Home Program and will be compensated directly from the administration fees allocated by the program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lynwood as follows:
SECTION 1. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated into the body of this Resolution by this reference.
SECTION 2. The City of Lynwood shall submit to HCD an application to participate in the CalHome Program in response to the NOFA issued on January 6, 2023, which will request a funding allocation of up to $ 5,000,000 for the following programs: First-Time Homebuyer Mortgage Assistance Programs ($2,800,000.00) and an Owner - Occupied Rehabilitation Loan Program ($2,200,000.00), all located within the boundaries of the City of Lynwood.
SECTION 3. If the application for funding is approved , the City of Lynwood hereby agrees to use the CalHome funds for eligible activities in the manner presented in the application as approved by HCD and in accordance with program regulations cited above. The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application are enforceable the Standard Agreement. The City of Lynwood acknowledges and City Council Regular Meeting - Page 328 of 582
agrees that it may be required to execute any and all other instruments necessary or required by HCD for participation in the CalHome Program.
SECTION 4. The City of Lynwood authorizes the City Manager to execute in the name of the City of Lynwood, the application, the Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents required by HCD for participation in the CalHome Program, and any amendments thereto.
SECTION 5. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.
SECTION 6. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED AND ADOPTED THIS 21ST DAY OF FEBRUARY 2023
_________________________
Oscar Flores
Mayor
ATTEST:
_______________________ __________________________
Maria Quiñonez Ernie Hernandez
City Clerk City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
________________________ __________________________
Noel Tapia, , Director
City Attorney ??????
I, Maria Quiñonez, City Clerk of the City of Lynwood, hereby CERTIF Y that the City Council Resolution No._________ was adopted by the Lynwood City Council at a regular meeting of the City Council held on _____________ and was approved and passed by the following vote.
Ayes
Noes
Absent
Abstain
City Council Regular Meeting - Page 329 of 582
___________________________
Maria Quiñonez
City Clerk
City Council Regular Meeting - Page 330 of 582
Agenda Item # 13.
AGENDA STAFF REPORT
DATE:
February 21, 2023
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Gabriel Linares, Director of Community Development
SUBJECT:
APPROVAL OF SPECIAL EVENT PERMIT – CIRCO HERMANOS CABALLER CIRCUS
Recommendation:
Staff recommends that the City Council approve a Special Permit for Circo Hermanos Caballero for the operation of a circus at 3000 East Imperial Highway from February 9, 2023 through March 6, 2023, contingent upon the payment of all required fees. Specific event activities are as follows
Background:
The City has received a Special Event Permit Application from Circo Hermanos Caballero for the operation of circus at 3000 East Imperial Highway beginning February 9, 2023 to March 6, 2023. This event will include a variety of acts, which include clowns, acrobats, trapeze, musicians, dancers, jugglers, etc. There will be no animal acts at this circus.
According to Chapter 4 “Licensing and Business Regulations” of the Lynwood Municipal Code, there are a number of activities that require a “special permit” from the City Council before approval of the Special Event Permit Application. One of those events is a circus.
The Circus was not aware of the new submittal policy and requested an expedite approval as authorized in the new policy. The special event permit allows for the City Manager or designee Community Development Director to determine if the event can qualify for a shortened application request if the applicant obtains all the approvals.
The Circus event has obtained all of the approvals from various departments and agencies and now only needs final Council approval to continue with the shows. The applicant paid for the expedite fee and all related fees for events.702 325 6713
Event Setup: February 7, 2023
Actual Event: February 9, 2021 through March 13, 2023
Event Cleanup: March 14-15th
City Council Regular Meeting - Page 331 of 582
Discussion and Analysis:
The City Council has the right to approve or deny a Special Permit. If a Special Permit is approved, the City Council has the right to impose reasonable restrictions or limitations to preserve public peace, safety/welfare, or which will tend to protect the life and property of others.
In reviewing the Special Event Permit Application submitted by Circo Hermanos Caballero, all required documentation was provided to staff, which is described below. In addition, the application was circulated and approved by all relevant departments.
Detailed description of the event (i.e. tents, booths, rides, animals, parking etc.
Detailed site plan identifying locations of tent, booths, rides, animals and parking
Written permission from the property owner
Fire Department clearance
Sheriff Department clearance
Insurance policy
Applicable building permits (i.e. stage, generators, structures)
Business license related fees
Bond
Pursuant to the Master Fee Schedule, Circo Hermanos Caballero will be required to pay a number of event fees, which are described below and total $9,106 approximately.
License Fee: $5,200 ($200 per day, 26 days total)
Fire Clearance Fee: $2,295 ($85 per day, 27 days total with set up and break down) Filling Fee: $30 (flat fee)
Building permits: $81 - approximately (i.e. generators, tent, ramps, handrails and bleachers) Expedite Fees: $1,500 - (flat fee)
Prior to final approval of the Special Event Permit Application, the City’s Building Inspector will inspect the facilities for compliance with all required building permits.
Fiscal Impact:
The total estimated revenue created by the proposed event is approximately $9,106.00.
Coordinated With:
City Manager's Office
City Attorney
ATTACHMENTS:
Description
Resolution
Attachment A - Special Event Permit Application
City Council Regular Meeting - Page 332 of 582
RESOLUTION NO.-------
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
COUNTY OF LOS ANGELE S, STATE OF CALIFORN IA APPROVING
THE CIRCUS HERMANOS CABALLERO EVENT FOR FEBRUARY 9 ,
2023 – MARCH 6, 2023
WHEREAS, a request has been made by the Circus Hermanos Caballero to operate a circus on vacant property located at the Southwest Corner of Beechwood Avenue and State Street, further described as 3000 East Imperial Highway and Assessor's Parcel Number 6169-003-017; and
WHEREAS, the purpose is to provide a tent show with animals to the residents of Lynwood.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:
Section 1. The City Council approves the special permit to allow Circus Hermanos Caballero to operate from February 9, 2023 through March 6, 2023.
Section 2. The City Council further finds that all City and County laws and regulations must be obeyed and complied with during all activities of the event including but not limited to the following:
a) The applicant shall have in place, and shall provide to all of its appropriate agents and employees, an emergency evacuation plan to be reviewed and approved for the event by the Los Angeles County Fire Department and Los Angeles County Sheriff's Department.
b) All exterior tents, circus areas, and the like shall be subject to permit application and inspection by the Building Division prior to commencement of the event. All tents and temporary structures shall comply with Chapter 24 of the 2019 International Fire Code. Code requirements for separation of tents and other structures shall be observed.
c) All temporary power hook -ups or connections shall be approved by the Building Division prior to commencement of the event.
d) The applicant shall have a sufficient number of restrooms/portable toilet facilities, in locations that comply with barrier free requirements. All portable toilet facilities shall be regularly cleaned, and shall remain in a sanitary condition throughout the entire event, wit h additional cleanings required depending on attendance at the event. Temporary water supplies shall be in accordance with Los Angeles County Health Department standards.
City Council Regular Meeting - Page 333 of 582
e) Emergency access to all areas of the property shall be maintained throughout the entire event.
f) The applicant shall secure from the Building Division the appropriate occupant load for the facility, including the temporary tent and/or seating areas. Such occupancy load shall not be exceeded during the event.
g) The Applicant shall post "No Event Parking" signs along the entire length of Beechwood Avenue, from State Street to Fernwood Avenue. Said signs shall be posted in locations as determined by the City's Public Safety Manager from February 9, 2023 through March 6, 2023.
Section 3. This resolution shall be effective immediately upon its adoption.
Section 4. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect.
PASSED, APPROVED AND ADOPTED this 21st day of February 2023.
________________________________
Oscar Flores, Mayor
ATTEST:
_______________________________
Maria Quinonez, City Clerk
APPROVED AS TO FORM APPROVED AT TO CONTENT
_______________________________ ________________________________ Noel Tapia, City Attorney Ernie Hernandez, City Manager
City Council Regular Meeting - Page 334 of 582
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby 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 __________, 2023, and passed by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Maria Quinonez, City Clerk
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 forgoing 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 ___________, 2023.
City Council Regular Meeting - Page 335 of 582
City Council Regular Meeting - Page 336 of 582
City Council Regular Meeting - Page 337 of 582
City Council Regular Meeting - Page 338 of 582
City Council Regular Meeting - Page 339 of 582
City Council Regular Meeting - Page 340 of 582
City Council Regular Meeting - Page 341 of 582
City Council Regular Meeting - Page 342 of 582
City Council Regular Meeting - Page 343 of 582
City Council Regular Meeting - Page 344 of 582
City Council Regular Meeting - Page 345 of 582
City Council Regular Meeting - Page 346 of 582
City Council Regular Meeting - Page 347 of 582
City Council Regular Meeting - Page 348 of 582
City Council Regular Meeting - Page 349 of 582
City Council Regular Meeting - Page 350 of 582
City Council Regular Meeting - Page 351 of 582
City Council Regular Meeting - Page 352 of 582
City Council Regular Meeting - Page 353 of 582
City Council Regular Meeting - Page 354 of 582
City Council Regular Meeting - Page 355 of 582
City Council Regular Meeting - Page 356 of 582
City Council Regular Meeting - Page 357 of 582
City Council Regular Meeting - Page 358 of 582
City Council Regular Meeting - Page 359 of 582
City Council Regular Meeting - Page 360 of 582
City Council Regular Meeting - Page 361 of 582
City Council Regular Meeting - Page 362 of 582
City Council Regular Meeting - Page 363 of 582
City Council Regular Meeting - Page 364 of 582
City Council Regular Meeting - Page 365 of 582
City Council Regular Meeting - Page 366 of 582
City Council Regular Meeting - Page 367 of 582
City Council Regular Meeting - Page 368 of 582
City Council Regular Meeting - Page 369 of 582
City Council Regular Meeting - Page 370 of 582
Agenda Item # 14.
AGENDA STAFF REPORT
DATE:
February 21, 2023
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Julian Lee, Director of Public Works
SUBJECT:
CHANGE OF ALTERNATE MEMBER TO THE GOVERNING BOARD OF THE LOS
ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT
AUTHORITY
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY
COUNCIL APPROVING A CHANGE OF THE ALTERNATE TO THE GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY GOVERNING BOARD.”
Background:
On October 5, 2010, the City Council approved Resolution No. 2010.208 authorizing the City to join the Los Angeles Gateway Region, Integrated Regional Water Management Authority (Gateway Water Management Authority). The Joint Powers Agreement for this organization calls for each member public agency to appoint a member and alternate members by name to the Governing Board. The governing body of the Gateway Water Management Authority is the Governing Board.
The Gateway Water Management Authority was formed to jointly prepare and/or adopt a regional plan for the
management of water resources, and for the implementation and operation of qualified projects or programs, and/or the preparation of qualified reports and studies.
Currently, entities that have signed on as members of the Gateway Water Management Authority are: Artesia, Bell, Bell Gardens, Bellflower, Cerritos, Commerce, Cudahy, Downey, Hawaiian Gardens, Huntington Park, La Mirada, Lakewood, Long Beach, Lynwood, Maywood, Montebello, Norwalk, Paramount, Pico Rivera, Santa Fe Springs, Signal Hill, South Gate, Vernon, Whittier, and Central Basin Municipal Water District and Long Beach Water Department water agencies.
In accordance to GWMA’s Bylaws adopted on October 12, 2015, all non-Legislative Body appointments to the GWMA Board must be done by Resolution. Legislative Body appointments may be done by minute order.
On November 1, 2022, the City Council replaced the previous members and appointed the Director of Public Works as the Board Member and the Senior Management Analyst temporarily assigned to Public Works as the City Council Regular Meeting - Page 371 of 582
alternate Board Member. With the recent hiring of a permanent Senior Management Analyst in the Public Works Department, staff is recommending that a new alternate board member be appointed in place of Elizabeth Popescue.
Discussion and Analysis:
Staff recommends for the City Council to adopt the attached resolution making the following appointments by name and title:
Board Member – Julian Lee, Director of Public Works
Alternate Member – Pamela Torres, Senior Management Analyst
Board members receive no compensation for attending required meetings.
Fiscal Impact:
There is no financial impact associated with the recommendation on this report.
Coordinated With:
City Manager’s Office
City Attorney
ATTACHMENTS:
Description
Resolution
2-21-2023 Gateway IRWMP Board Member (Attachment - Bylaws) City Council Regular Meeting - Page 372 of 582
1 RESOLUTION._____________
A RESOLUTION OF THE CITY COUNCIL APPROVING A CHANGE OF THE
ALTERNATE TO THE GATEWAY REGION INTEGRATED REGIONAL WATER
MANAGEMENT JOINT POWERS AUTHORITY GOVERNING BOARD
WHEREAS, the Los Angeles Gateway Region Integrated Water Management Joint Powers Authority (GWMA) was formed in 2007 in response to the passage of two voter approved water bonds; Proposition 50, passed in 2002 and Proposition 84, passed in 2006; and
WHEREAS, the City of Lynwood is a member of the GWMA; and
WHEREAS, under the GWMA Joint Powers Agreement, each member agency shall appoint one Member and one Alternate Member to the Governing Board and under the GWMA Bylaws may appoint three additional Alternate Members; and
WHEREAS, On November 1, 2022 the City Coun cil appointed Elizabeth Popescue as alternate board member; and
WHEREAS, A new alternate board member needs to be appointed due to a new Senior Management Analyst in the Public Works Department; and
WHEREAS, pursuant to the GWMA Bylaws the Member and Alt ernate Members appointed by this resolution shall hold office until September 30, 20 24; and
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 Lyn wood hereby finds and declares that the foregoing recitals are true and correct, and incorporates them herein as findings and as a substantive part of this Resolution.
Section 2. The City Council appoints Pamela Tor res, Senior Management Analyst to serve as alternate Board Member representing the City of Lynwood.
Section 3. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.
Section 4. This Resolution shall take full force and effect immediately upon adoption by the City Council.
Section 5. The City Clerk shall certify as to the adoption of this City Council Resolution.
City Council Regular Meeting - Page 373 of 582
2 PASSED, APPROVED and ADOPTED this 21st day of February, 2023.
________________________________
Oscar Flores, Mayor
ATTEST:
________________________
Maria Quiñonez, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_________________________ ________________________________ Noel Tapia, City Attorney Ernie Hernandez, City Manager
________________________________
Julian Lee
Director of Public Works
City Council Regular Meeting - Page 374 of 582
3 STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, do hereby 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 February 21st, 2023 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 forgoing 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 375 of 582
-1-
BYLAWS
OF
THE LOS ANGELES GATEWAY REGION
INTEGRATED REGIONAL WATER MANAGEMENT
JOINT POWERS AUTHORITY
EFFECTIVE SEPTEMBER 12, 2019
ARTICLE 1. AUTHORITY
Section 1. Authority. These bylaws are adopted pursuant to the authority of Section 6(e) (8) of the Joint Powers Agreement (“Agreement”) of the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (“Authority”).
ARTICLE 2. MEMBERS OF THE BOARD OF GOVERNORS
Section 1. Board Member Term of Office. The term of office for Board Members and Alternate Board Members (collectively “Board Member” or “Board Members”) of the Governing Board (“Board”) shall commence on October 1st of each odd-numbered year and terminate on September 30th two years later. The terms of all Board Members of the Governing Board shall run consecutively and shall not be staggered.
Section 2. Appointment to Fill Vacancy. Board Members appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term.
Section 3. Manner of Appointment. A Member agency may appoint a member of its legislative body to the Board by minute action. Alternatively, a Member agency may appoint persons other than a member of the Member agency’s legislative body to the Board only by adoption of a resolution. A current Board appointee in office as of September 30th of an odd numbered year is presumed to be his or her Member agency’s Board appointee for the following full two-year term without further action of the Member agency’s legislative body, unless the Member agency provides written notice of an alternate Board appointee prior to October 1st of that year.
Section 4. Only Individuals can be Appointed to the Board. Member agencies must appoint Board Members by name and not by position or title.
Section 5. Board Members and Alternate Board Members. Each Member Agency may not appoint more than one Member and three Alternate Members.
Section 6. Requirement that a Board Member be an Employee or Officer of a Member Agency. Each member of the Board must be an officer or employee of a member agency and cannot be an employee or owner of a private business providing engineering or consulting services to a member agency regardless of whether the individual is an officer of a member agency.
City Council Regular Meeting - Page 376 of 582
-2-
Section 7. Current Terms of Office. Persons holding office on the date these Bylaws are amended who no longer satisfy the membership criteria shall hold office until they resign, are removed or their terms expire and their successors are appointed.
Section 8. Amendment of Bylaws. These bylaws can be amended by the affirmative vote of a majority of the Board Members.
CERTIFICATE OF CHAIR
This is to certify that the foregoing is a true and correct copy of the Bylaws of the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority and that these Bylaws were duly adopted by the Board of Directors on the date set forth below.
Dated: September 12, 2019
Chair: Lisa Ann Rapp
City Council Regular Meeting - Page 377 of 582
Agenda Item # 15.
AGENDA STAFF REPORT
DATE:
February 21, 2023
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Julian Lee, Director of Public Works
SUBJECT:
AWARD OF CONTRACT TO SENIORS AND JUNIORS, INC. FOR IMPROVEMENT WORK AT LOS ANGELES COUNTY FIRE DEPARTMENT, STATION 147.
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: “
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO SENIORS AND JUNIORS, INC.
AS THE LOWEST RESPONSIBLE BIDDER IN THE AMOUNT OF $183,800.00 FOR THE IMPROVEMENTS AT LOS ANGELES COUNTY FIRE STATION 147; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT.”
Background:
The City consulted with contract engineers to review the existing conditions of Los Angeles County Fire Stations 147 and 148. IE reviewed both buildings and provided a detailed list of needed repair and replacement improvements at both fire stations which included replacing apparatus bay concrete floor, installing perimeter fencing and gate for Fire Station 147, and ceiling improvements for Fire Station 148.
Discussion and Analysis:
T
he city conducted an informal bidding process for improvements at Fire Stations 147 and 148. Three contractors were invited to visit both stations. The scope of work for both fire stations were discussed separately and proposals were requested from the three contractors.
Pursuant to Section 6-3.7(b)(2) of the Lynwood Municipal Code, purchases between $50,001 and $200,000 shall be by an informal bid process and must be approved by the City Council. The city conducted an informal bid for construction at Fire Station 147 and received the following three (3) proposals:
Proposal
Proposal Amount
1. Seniors and Juniors, Inc.
$183,800.00
City Council Regular Meeting - Page 378 of 582
2. Hera Construction, Inc.
$216,201.30
3. M&C Construction Group, Inc.
$227,220.00
Following the review of the proposals where City staff considered the contractor’s experience and other qualifications, city staff recommends the city council award the contract to Seniors and Juniors Inc. in the amount of $183,800.
The table below is the proposed construction budget.
Construction Contract Amount
$183,800.00
15% Contingency
$27,600.00
Construction Inspection (10%)
$18,400.00
Project Management (10%)
$18,400.00
Labor Compliance & Other Cost (10%)
$18,400.00
Total Construction Cost
$266,600.00
Fiscal Impact:
The Project has an approved FY23 Budget of $337,000.00. The total construction amount for Fire Station 147 is estimated at $266,600 and the total construction estimate for Fire Station 148 is $69,000. Therefore, no additional appropriation is needed to deliver this Project.
Coordinated With:
City Manager’s Office
Department of Finance and Administration Services
ATTACHMENTS:
Description
Resolution
Seniors and Juniors, Inc. Proposal
Agreement
City Council Regular Meeting - Page 379 of 582
1 RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO SENIORS AND JUNIORS, INC. AS THE LOWEST RESPONSIBLE BIDDER IN THE AMOUNT OF $183,800.00 FOR THE IMPROVEMENTS AT LOS ANGELES COUNTY FIRE STATION 147; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT.
WHEREAS, the city conducted an informal bidding process for improvements at Fire Station 147. Three contractors were invited to visit Fire Station 147. The scope of work for the fire station was discussed and proposals were requested from the three contractors. and
WHEREAS, the scope of work consist s of apparatus bay concrete floor, perimeter fencing and gate.; and
WHEREAS, On August 21, 2022, the city received three proposals for various improvement work at Los Angeles County Fire Station 147. Seniors and Juniors, Inc. was the lowest bid at $183,800.00.; and
WHEREAS, the city has selected Seniors and Juniors, Inc. as the lowest responsible bidder.; and
WHEREAS, the total project cost including contingency, inspection, project management, labor compliance and other costs will be $266,600.; and
WHEREAS, the cost for the project is less than the budgeted amount, appropriation is not needed to move forward with this Project.
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 incorporates them herein as findings and as a substantive part of this Resolution.
Section 2. The City Council of the City of Lynwood authorizes the City Manager to execute the agreement between the City of Lynwood and Seniors and Juniors, Inc. for Fire Station 147 (“Project”) in the amount of $183,800.00.
Section 3. The City Council of the City of Lynwood authorizes the City Manager under LMC 6-3.15(d) to exceed the specific dollar amounts or percentage limitations under LMC 6-3.15(a) and authorizes the City Manager to approve consultant, vendor agreements, modifications, change orders or agreement amendments related to the Project up to the available Project Budget.
Section 4. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.
City Council Regular Meeting - Page 380 of 582
2 Section 5. This Resolution shall take full force and effect immediately upon adoption by the City Council.
Section 6. The City Clerk shall certify as to the adoption of this City Council Resolution.
(Signatures on Next Page)
City Council Regular Meeting - Page 381 of 582
3 PASSED, APPROVED and ADOPTED this 21st day of February 2023.
Oscar Flores
Mayor
ATTEST:
Maria Quinonez 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 382 of 582
4 STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 7th day of February 2023, and passed by the following votes:
AYES:
NOES:
ABSTAIN:
ABSENT:
Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing 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 7th day of February 2023.
Maria Quinonez, City Clerk
City Council Regular Meeting - Page 383 of 582
Date:
Proposal
Owner: City of Lynwood ( Fire Station 147) - Mr. Mir Fattahi, MsCE., PE - Acting City EngineerAddress:
Email: [email protected]
Phone: (949) 351 6505 Property Address:
Scope: Concrete & Fence Work
Item Est. Unit
No. Quantity Price
11750 Alameda St.
Lynwood, CA 90262
Description Unit Amount
3161 E Imperial Hwy
Lynwood, CA 90262
1 Apparatus Concrete Slab
1. Leave the existing block wall – add 3-ft. of metal fence, as it shown herein, including a post and connection.
2. Replace existing concrete flooring in the apparatus bay area.
3. Layout, saw cut, break, and haul away approximately 2,318 SF of existing apparatus bay concrete slab, encapsulate existing water and air lines with gravel/sand bedding.
4. Excavate and remove 8” of soil slab-grade, import and place 4” of crushed rock base material, place 15 mil thick plastic moisture barrier over the crushed base and top-off with 2” deep sand bedding.
5. Provide and install 8” thick apparatus bay concrete slab with broom finish over compacted base with indicated deform rebar and shown on-center each way.
6. Properly in place with chairs to provide proper clearance from base and/or edges, the concrete shall be no less than 4,000psi of a “high early” design.
7. Expansion joints shall be provided at cold joints with1x1/4” (see detail) reveal at top filled.
8. Concrete joints shall be provided at 10-ft maximum intervals centered each way and as necessary to minimize concrete cracking.
~ 2318
sqf
- $95,600LS
Lic. # : 1043114
22-Nov-22
Seniors Juniors, 110 Desert Bloom,Irvine CA 92618, 949.243-5510, [email protected] 2 Perimeter Fencing
1. Install Tubular steel fencing on top of existing site perimeter block wall and replace site rolling gate
2. Provide and install 7-ft high X 20-ft long powder coated manual steel tube rolling gate, including, 4” diameter posts, caps, upper rail, track brackets, roller gate wheel carrier, metal track rollers for rail, 2” diameter schedule 40 pipe frame top and bottom bar and 1-1/2” bracing, includes truss rod, latches, single track, track roller with brackets, pipe track clamps and two-wheel carriers, remove and replace the existing guideposts.
3. Provide and install perforated powder coated steel infill panel on the inside of the steel tube rolling gate.
All Material Included
- - LS $55,700
3 Block Wall Fencing
1. Demo and dumping existing wooden fence
2. Provide labor and material to build 5' height free stand block wall same as existing block wall per city standard details All Material Included
- LS $32,500
$183,800
*** Any additional work needed, will be subject to a another change order with the written approval of OCLA and Owner *** Shahrooz
Tuesday, November 22, 2022
Principal Date Total of Bid Estimate
cracking.
All Material Included
Seniors Juniors, 110 Desert Bloom,Irvine CA 92618, 949.243-5510, [email protected] Council Regular Meeting - Page 384 of 582 1 PROFESSIONAL SERVICES AGREEMENT
This agreement (“Agreement”) is made as of February 21, 2023 by and between the City of Lynwood, a municipal corporation ("City") and Seniors and Juniors Inc. and Consulting (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as the “Parties.”
R E C I T A L S
WHEREAS, City desires to utilize the services of Consultant as an independent contractor to install improvements at Los Angeles County Fire Department Station 147 as set forth in the Scope of Services attached hereto as Exhibit A; and
WHEREAS, Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows:
1. Company's Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit A.
2. Term of Agreement. This Agreement shall commence on December 21, 2022 (the “Commencement Date”) and shall remain and continue in effect until tasks described in Exhibit A are completed, but in no event later than June 30, 2023 unless sooner terminated pursuant to the provisions of this Agreement.
3. Compensation.
A. City agrees to compensate Consultant for services under this Agreement in compliance with the schedule set forth in Exhibit A. Consultant shall submit proper monthly invoices in the form and manner specified by City. Each invoice shall include a monthly breakdown of all monthly services performed together with the hours spent on each service. Consultant shall maintain appropriate and necessary documentation supporting the monthly invoices detailing the type of service provided. It shall be available for review by the City at all reasonable times upon request.
B. Total payment to Consultant pursuant to this Agreement shall not exceed One Hundred Eighty-Three Thousand Eight Hundred dollars ($183,800.00).
C. If at the request of the City, Consultant is required to incur out of pocket expenses (including but not limited to, out-of-town travel and lodging) which are above and beyond the ordinary expenses associated with performance of this Agreement, Consultant shall be entitled to reimbursement of such expenses. Consultant shall only be reimbursed for those expenses which: (I) appear on Consultant’s monthly invoices; (II) are accompanied by a copy of the City’s written authorization for Consultant to incur such expenses; and (III) receipts documenting such expenses.
City Council Regular Meeting - Page 385 of 582
2 4. General Terms and Conditions. The General Terms and Conditions set forth in Exhibit B are incorporated as part of this Agreement. In the event of any inconsistency between the General Terms and Conditions and any other exhibit to this Agreement, the General Terms and Conditions shall control unless it is clear from the context that both parties intend the provisions of the other exhibit(s) to control.
5. Addresses.
City of Lynwood
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Attn: Jose Ometeotl, City Manager
Company
Seniors and Juniors Inc.
110 Desert Bloom
Irvine, CA 92618
John Massie
Shahrooz Taebi
6. Exhibits. All exhibits referred to in this Agreement are listed here and are incorporated and made part of this Agreement by this reference.
Exhibit A – Scope of Work/Services and Compensation Schedule Exhibit B – General Terms and Conditions
SIGNATURES ON FOLLOWING PAGE
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below.
CITY
CITY OF LYNWOOD
By: ______________________________ ______________________ Mayor Date
CONSULTANT
Seniors and Juniors Inc.
City Council Regular Meeting - Page 386 of 582
3 By: _______________________________ ________________________ Shahrooz Taebi Date
ATTEST:
By: ______________________________ ________________________ City Clerk Date
APPROVED AS TO FORM:
By: ______________________________ ________________________ City Attorney Date
City Council Regular Meeting - Page 387 of 582
4 EXHIBIT A
SCOPE OF WORK/SERVICES
City Council Regular Meeting - Page 388 of 582
EXHIBIT B
GENERAL TERMS AND CONDITIONS
1. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, an independent contractor.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of the City of Lynwood or otherwise act on behalf of Lynwood as an agent. Neither the City of Lynwood nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City of Lynwood.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interests asserted against City by reason of the independent Consultant relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent status of Consultant and the audit in any way fails to sustain the validity of an independent Consultant relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compen sation law regarding Consultant and Consultant’s employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 1.
D. Consultant represents to t he City, and City relies on Consultant’s representations, that Consultant shall serve solely in the capacity of an independent contractor to the City. Neither the City nor any of its agents will have control over the conduct of Consultant or any of Consultant’s employees, except as otherwise set forth in the Agreement. Consultant may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. The City has no duty, obligation, or responsibility to the Consultant’s agents or employees, including the Affordable Care Act coverage requirements. Consultant is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents and employees under the Affordable Care Act with respect to Consultant’s agents and employees. Consultant warrants and represents that the City will not be responsible and will not be held liable for issues related to Consultant’s status as an independent contractor, inclu ding Consultant’s failure to comply with Consultant’s duties, obligations, and responsibilities under the Affordable Care Act. Consultant further agrees to defend, indemnify, and hold the City harmless for any and all taxes, claims, and penalties against the City related to Consultant’s obligations under the Affordable Care Act.
City Council Regular Meeting - Page 389 of 582
2. Standard of Performance
Consultant shall perform all work to the highest professional standards and in a manner satisfactory to the City Manager or his/her designee. No addit ional or different tasks or services shall be performed by Consultant other than those specified in Exhibit A.
3. Indemnification.
A. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform said services and duties.
B. City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnities") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, defend, protect and hold harmless Indemnities from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which Indemnities may suffer or incur or to which Indemnities may become subject b y reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or other loss occurring as a result of or allegedly caused by Consultant’s performance of or failure to perform any services under this Agreement or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, subcontractor, sub consultant or employees, committed in performing any of the services under this Agreement. Notwithstanding the foregoing, the provisions of this subsection shall not apply to Claims occurring as a result of the City’s sole negligence or willful acts or omissions.
C. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in t his Section from each and every subcontractor, sub consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required in this Section, Consultant agrees to be fully responsible according to the terms of this Section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on City and will in no way serve as a wa iver of any rights hereunder. This obligation to indemnify and defend Indemnities as set forth herein shall survive the termination of this Agreement and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to City.
4. Insurance.
A. Without limiting Consultant’s indemnification of Indemnities pursuant to Section 3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement the types and amounts of insurance as described below:
City Council Regular Meeting - Page 390 of 582
(I) Consultant shall maintain Commercial Gene ral Liability Insurance with coverage at least as broad as Insurance Services Office Commercial General Liability Form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and prop erty damage. Defense costs must be paid in addition to limits. There shall be no cross- liability exclusion for claims or suits by one insured against another. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(II) Consultant shall maintain Business Auto Coverage on ISO Business Auto Coverage Form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(III) Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with on a state approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for all covered losses;
(IV) Consultant shall maintain Professional Liability or Errors and Omissions Insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate.
Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
B. City, its officers, officials, employees, and volunteers shall be named as additional insureds on the policy(ies) as to commercial general liability and automotive liability.
C. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
D. All insurance policies shall provide that the insurance coverage shall not be non- renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to CITY via certified mail, return receipt requested, addressed to “Director of Human Resources & Risk Management,” City of Lynwood, 11330 Bullis Road, Lynwood, California, 90262. Consultant agrees that it will not cancel, reduce, or otherwise modify said insurance coverage.
City Council Regular Meeting - Page 391 of 582
E. Consultant shall submit to City (I) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (II) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement.
Endorsements shall be executed on City’s appropriate standard forms entitled "Additional Insured Endorsement".
F. Consultant’s insurance shall be primary as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees and volunteers shall be excess of Consultant’s insurance and shall not contribute with it.
G. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost. City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant’s and the cost of such insurance may be deducted, at the option of City, from payments due Consultant.
5. Release of Information/Confidentiality.
A. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Co nsultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoe na. Consultant’s covenant under this section shall survive the termination of this Agreement.
B. Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant . However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response
6. Ownership of Work Product.
A. Consultant shall maintain complete and accurate records with respect to City Council Regular Meeting - Page 392 of 582
sales, costs, expenses, receipts, and other such information required by the City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of the City or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit the City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, all orig inal documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
7. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement.
B. Consultant covenants not to giv e or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by Consultant’s covenants under this section shall survive the termination of this Agreement.
8. Termination. Notwithstanding any other provision, this Agreement may be duly terminated at any time by the City at its sole discretion with or without cause by serv ing upon the consultant at least ten (10) days prior written notice (“Notice of Termination”).
Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Unless expressly agreed upon in writing by the City, the City shall not be obligated to pay for any services rendered nor any costs or expenses paid or incurred after the date of termination. The effective date of termination shall be upon the date specified in the written Notice of Termination. Consultant agrees that in the event of such termination, Consultant must refund the City its prorated share, except for services satisfactorily rendered prior to the effective date of termination. Immediately City Council Regular Meeting - Page 393 of 582
upon receiving written Notice of Termination, Consultant shall discontinue performing services, preserve the product of the services and upon payment for services, turn over to City the product of the services in accordance with written instructions of City.
In the event this Agree ment is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City.
9. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises.
10. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity e mployer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.
11. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant obligations hereunder, without the prior written consent of City, and any attempt by Consultant to assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.
12. Performance Evaluation. For any Agreement in effect for twelve months or longer, the City Manager may require a written annual administrative performance evaluation within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered.
City Council Regular Meeting - Page 394 of 582
City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein.
13. Compliance with Laws. Consultant shall keep itself informed of State, Federal and Local laws, ordinances, codes and regulations which in any manner affect those employed by it or in any way af fect the performance of its service pursuant to this Agreement.
Consultant shall at all times comply with such laws, ordinances, codes and regulations. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.
14. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect all licenses (including a City business license) required of it by law for performance of the services hereunder.
15. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prej udice any right or remedy available to City with regard to such breach or default.
16. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and Consultant.
17. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Consultant regular business hours or by facsimile before or during Consultant regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.
18. Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. However, the Parties may agree to submit any dispute to non -binding arbitration.
19. Counterparts. This Agreement may be executed in any nu mber of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.
20. Severability. If any provision or any part of any provision of this Agreement is found City Council Regular Meeting - Page 395 of 582
to be invalid or un enforceable, the balance of this Agreement shall remain in full force and effect.
21. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties which expressly refers to this Agreement.
Amendments on behalf of the City will only be valid if signed by the Mayor and attested by the City Clerk.
22. Authority. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
23. Force Majeure. A Party’s performance of any obligation under this Agreement shall be suspended if, and to the extent that, the Party is unable to perform because of any event of Force Majeure. In any such event, the Party unable to perform shall be required to resume per formance of its obligations under this Agreement upon the termination of the event or cause that excused performance hereunder. “Force Majeure” herein means an event which is beyond the reasonable control of a Party, including without limitation, (a) acts of God including flood, fire, earthquake, hurricane or explosion, pandemic; (b) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (c) government order or law that prevents either Party from performing its obligations as set forth in this Agreement; (d) actions, embargoes or blockades in effect on or after the date of this Agreement; (e) action by any governmental authority that prevents either Party from performing its obligations as set forth in this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances, other than those involving the affected parties employees; (h) shortage of adequate power or transportation facilities.
Neither Party shall be liable for any delay or default in, or failure of, performance resulting from or arising out of any Force Majeure event, and no such delay, default in, or failure of performance shall constitute a breach by either Party hereunder. Where a Force Majeure event gives rise to a failure or delay in either Party performing its obligations under this Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure event. A Party who becomes aware of a Force Majeure event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this Agreement, will forthwith notify the other and inform the other of the period for which it is estimated that such failure or delay will continue. The affected Party shall take reasonable steps to mitigate the effects of the Force Majeure event.
City Council Regular Meeting - Page 396 of 582
Agenda Item # 16.
AGENDA STAFF REPORT
DATE:
February 21, 2023
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Maria Quinonez, City Clerk
Silvia Pineda, Assistant to the City Clerk
SUBJECT:
CONDUCT SECOND READING OF ORDINANCE NO. 1756 - AN ORDINANCE
AMENDING LYNWOOD'S MUNICIPAL CODE SETTING A MINIMUM WAGE OF TWENTY-FIVE ($25.00) PER HOUR FOR QUALIFYING HEALTHCARE WORKERS
WORKING IN THE CITY OF LYNWOOD
Recommendation:
Conduct second reading, read by title only and adoption of the attached ordinance entitled, "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADDING CHAPTER 4-35 TO THE LYNWOOD MUNICIPAL CODE AS AN ORDINANCE TO ESTABLISH A MINIMUM WAGE OF $25.00 PER HOUR FOR QUALIFYING HEALTHCARE WORKERS IN THE CITY OF LYNWOOD"
Background:
The City Council introduced the attached ordinance for the first reading on February 7, 2023.
Discussion and Analysis:
N/A
Fiscal Impact:
N/A
Coordinated With:
N/A
City Council Regular Meeting - Page 397 of 582
ATTACHMENTS:
Description
Ordinance No. 1756
City Council Regular Meeting - Page 398 of 582
1 ORDINANCE NO. 1756
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADDING
CHAPTER 4-35 TO THE LYNWOOD MUNICIPAL CODE AS AN
ORDINANCE TO ESTABLISH A MINIMUM WAGE OF $25.00 PER HOUR
FOR QUALIFYING HEALTHCARE WORKERS IN THE CITY OF
LYNWOOD
RECITALS
WHEREAS, pursuant to the police powers vested in the City of Lynwood under the California Constitution, Art. XI, Section 7 and California Labor Code Section 1205(b); and
WHEREAS, approximately three years have passed since cases were first reported, the coronavirus 19 (“COVID-19”) disease presents an ongoing transmission risk in the community; and
WHEREAS, COVID-19 has broadly spread throughout California and the risk of emergent new variants of COVID -19 and future surges remain real and a significant health risk to the community, especially healthcare workers and members of our most vulnerable population; and
WHEREAS, healthcare workers perform services that are fundamental to the economy and health of the community. From the start of the COVID -19 pandemic they worked in high-risk conditions with inconsistent access to protective equipment and other safety measures; wor ked in public situations with limited ability to engage in physical distancing; and continually exposed themselves and the public to the spread of disease; and
WHEREAS, after approximately three years of working on the front lines, healthcare workers are experiencing emotional, mental, and physical fallouts of providing healthcare during a pandemic. At the same time, healthcare workers are dealing with the stress caused by the increased cost of living; and
WHEREAS, hospitals, health systems, and clinics across the state of California are facing staffing shortages that could jeopardize the availability of care in Lynwood. The availability of healthcare workers is fundamental to the health of the Lynwood community.
Healthcare workers in Lynwood will continu e to face safety risks and difficult working conditions as the virus presents an ongoing threat for an uncertain period, likely resulting in subsequent waves of infection; and
WHEREAS, establishing a requirement for covered healthcare facilities to provide a minimum wage of $25.00 per hour to covered healthcare workers protects public health, supports stable incomes, and promotes job retention by ensuring that healthcare workers are compensated for the substantial risks, efforts, and expenses they are undertaking to City Council Regular Meeting - Page 399 of 582
2 provide essential services in a safe and reliable manner as the COVID-19 virus remains a threat to the community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council hereby finds and determines that all of the above recitals are true and correct and incorporates such recitals into this Ordinance.
Section 2. Name. This Ordinance shall be known as the "Healthcare Workers Minimum Wage Ordinance."
Section 3. The Lynwood Municipal Code is hereby amended to add Chapter 4- 35, entitled Healthcare Workers Minimum Wage, as follows:
4-35
HEALTHCARE WORKERS
4-35.1 Findings and Purposes.
This Ordinance, adopted by the City of Lynwood, makes the following findings and has the following purposes:
The purpose of this Ordinance is to establish a minimum wage for covered healthcare workers within the City of Lynwood.
The City of Lynwood needs a sufficient healthcare workforce to ensure that life -saving healthcare facilities inclu ding hospitals, health systems, and dialysis clinics offer consistent, timely, high-quality care. Workers at acute care facilities provide vital services including emergency care, labor and delivery, cancer treatments, and primary and specialty care. Simil arly, dialysis clinic workers provide life -preserving care to patients with End-Stage Renal Disease and are part of the continuum of kidney care that also includes hospitals and health systems. Hospitals, health systems, and dialysis clinics are facing staffing shortages that could jeopardize the availability of care in our city. Even before the COVID pandemic, California was facing an urgent and immediate shortage of health care workers, adversely impacting the health and well -being of Californians, especially economically disadvantaged Californians. The COVID -19 pandemic has worsened these shortages. Healthcare job vacancies are rising as workers on the frontlines deal with the emotional, mental, and physical fallout of providing healthcare during a pandemic. Workforce shortages across industries also mean that the healthcare industry is competing with other economic sectors to fill critical non-clinical positions such as for cleaning staff, food service workers, and IT administrators. With rising housing costs, healthcare workers are being forced to live further from their places of work, increasing their stress and leading to retention challenges. While healthcare workers at hospitals, health systems, and dialysis clinics are experiencing unprecedentedly d ifficult working conditions and burnout, the companies running these facilities have made City Council Regular Meeting - Page 400 of 582
3 millions, and in some instances billions, in profits during the pandemic and many CEOs were paid compensation packages in the millions. These healthcare facilities ne ed to fairly compensate workers who are sacrificing every day to care for their patients. Raising the minimum wage in Lynwood will help address retention challenges and workforce shortages which negatively impact care for vulnerable patients receiving life -saving, complex care in settings such as emergency rooms, operating rooms, and dialysis clinics, and will help to ensure that large healthcare corporations are maintaining a robust workforce able to meet the challenges affecting our community.
4-35.2 Definitions.
The following definitions shall apply to this chapter:
a. "City" means the City of Lynwood.
b. “Covered Healthcare Worker” means an Employee who is Employed to work at or by a Covered Healthcare Facility to provide patient care, healthcare services, or services supporting the provision of healthcare. “Covered Healthcare Worker” includes a clinician, professional, non -professional, nurse, certified nursing assistant, aide, technician, maintenance worker, janitorial or housekeeping staff person, groundskeeper, guard, food service worker, laundry worker, pharmacist, administrative worker and business office clerical worker. A “Covered Healthcare Worker” works at a Covered Healthcare Facility only if that individual’s primary place of employment i s physically located at one or more such facilities or work sites; for example, delivery workers employed primarily outside a Covered Healthcare Facility are not Covered Healthcare Workers for purposes of this chapter unless Employed by a Person that owns, controls or operates a Covered Healthcare Facility.
c. "Covered Healthcare Facility" means the following types of facilities or work sites, provided that they are privately owned and are located within the boundaries of the City:
A licensed general acute, care hospital as defined in Section 1250(a) of the California Health and Safety Code, including a distinct part of any such hospital.
A clinic, as defined in Section 1206(d) of the California Health and Safety Code, that is conducted, operated, or maintained as an outpatient department of a general acute care hospital.
A licensed chronic dialysis clinic as described in Section 1204(b)(2) of the California Health and Safety Code.
A facility or other work site that is part of an Integrated Healthcare Delivery System.
City Council Regular Meeting - Page 401 of 582
4 d. "Covered Physician Group" means a medical group practice, including a professional medical corporation as defined in Section 2406 of the California Business and Professions Code, another form of corporation controlled by phy sicians and surgeons, a medical partnership, or an independent practice association, provided that the group includes a total of 10 or more physicians.
e. “Employ” means to engage, suffer, or permit to work.
f. "Employee" means any person Employed by any Employer.
g. "Employer" means any Person, including a corporate officer or executive, who directly or indirectly or through any other Person, including through the services of a temporary service, staffing agency, or similar entity, Employs or exercises control over the wages, hours or working conditions of any Employee.
h. "Integrated Healthcare Delivery System" means an entity or group of related entities that includes both of the following: (1) one or more hospitals and (2) one or more Covered Physician Groups, health care service plans, medical foundation clinics, other facilities, or other entities, providing health care or supporting the provision of health care where the hospital or hospitals and other entities are related through:
Parent/subsidiary relationships, joint or common ownership or control, common branding, or common boards of directors and shared senior management; or
A contractual relationship in which affiliated Covered Physician Groups or medical foundation clinics contract with a health care service plan, hospital or other part of the system, all operating under a common trade name; or
A contractual relationship in which a nonprofit health care service plan provides medical services to enrollees in a specific geographic region of the state through an affiliated hospital system, and contracts with a single Covered Physician Group in each geographic region of the state to provide medical services to a majority of the plan's enrollees in that region.
i. "Minimum Wage" means the minimum amount that must be paid to Covered Healthcare Workers as compensation for their labor, whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculation. "Minimum Wage" does not include bonuses, shift differentials, premium pay, reimbursement or allowances for work -related equipment or other expenses, credits for meals or lodging, tips, gratuities, or the cost of medical, dental, retirement or similar benefits.
j. "Person" means an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, City Council Regular Meeting - Page 402 of 582
5 joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign.
4-35.3 Payment of Minimum Wage to Covered Healthcare Workers. a. An Employer shall ensure that each Covered Healthcare Worker Employee is paid a Minimum Wage equivalent to no less than the hourly rate set forth herein or under the authority of this chapter for hours worked within the geographic boundaries of the City.
b. The Minimum Wage for Covered Healthcare Workers shall be as follows:
On the effective date of this chapter, the Minimum Wage shall be no t less than $25 per hour for all hours worked as a Covered Healthcare Worker.
One year (365 days) after the date this chapter takes effect , and annually thereafter on the same da te, the Minimum Wage shall increase based on the annual increase in the cost of living for the preceding twelve months, as measured by the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI -W) for the Los Angeles metropolitan area (Los Angeles-Long Beach-Anaheim, CA), which is published by the Bureau of Labor Statistics. If the change to the cost of living over the applicable twelve months is negative, the Minimum Wage shall not increase or decrease. The City shall annually publish a bul letin announcing the adjusted Minimum Wage.
c. An Employer may not fund the Minimum Wage increases required by this chapter in any of the following ways:
Reducing Covered Healthcare Workers' premium pay rates or shift differentials;
Reducing vacation, healthcare, or other non-wage benefits of any Covered Healthcare Worker;
Reducing Covered Healthcare Workers' hours of work;
Laying off Covered Healthcare Workers; or
Increasing charges to any Covered Healthcare Worker for parking, wo rk- related materials or equipment.
d. An Employer is in violation of subsection (c) of this section if the Minimum Wage requirements of this chapter are a motivating factor in the Employer's decision to take any of the actions described in subsection (c) of this section, unless the Employer proves that it would have taken the same action at the time that it did irrespective of the operation of this chapter.
City Council Regular Meeting - Page 403 of 582
6 4-35.4 Retaliation.
No Employer shall discharge, terminate a contract with, reduce compensation to, or otherwise discriminate against or take adverse action against any Covered Healthcare Worker for opposing any practice proscribed by this chapter, for participating in proceedings related to this chapter, for seeking to enforce rights under this chapter by any lawful means, or for otherwise asserting rights under this chapter. Protections of this section shall apply to any Covered Healthcare Worker who mistakenly, but in good faith, alleges noncompliance with this chapter. Taking any adverse action against a Covered Healthcare Worker within 90 days of the Covered Healthcare Worker's exercise of rights protected under this chapter shall raise a rebuttable presumption of having d one so in retaliation for the exercise of such rights.
4-35.5 Posting and Payroll Records.
Covered Healthcare Facilities shall post in a conspicuous place a notice of the current Minimum Wage for Covered Healthcare Workers required by this chapter. Employers of Covered Healthcare Worker s shall retain payroll records pertaining to Covered Healthcare Workers for a minimum of four years, and shall allow the City or its designee access to such records, with appropriate notice and during business hours, t o monitor compliance with the requirements of this chapter.
4-35.6 Enforcement and Implementation.
a. The City shall have responsibility for enforcement of this chapter, including, at a minimum:
Establishing a process for reporting complaints of violations of this chapter.
Establishing and implementing processes for investigating complaints and other possible violations of this chapter. Employers and Covered Healthcare Facilities shall cooperate fully in any such investigation.
Establishing and implementing an administrative citation process that may include the issuance of correction orders, a hearing and appeal process, and the imposition of administrative fines.
Taking appropriate enforcement action through the administrative citation process, civil actions, or other approaches on behalf of Covered Healthcare Workers, collecting back wages and any other amounts owed to Covered Healthcare Workers, and disbursing them to Covered Healthcare Workers.
Conducting any other education and enforcement activities necessary to ensure compliance with this chapter.
b. The City is authorized to promulgate rules and regulations and issue determinations and interpretations relating to this chapter that are consistent with its purposes.
City Council Regular Meeting - Page 404 of 582
7 c. The City may seek to enter into an agreement with the Department of Consumer and Business Affairs of the County of Los Angeles to allow the County's Wage Enforcement Program to provide wage enforcement and education services necessary for enforcement of this chapter. If the City and County enter into such an agreement, it may include any services necessary to carry out the enforcement and education responsibilities and activities described in subsection (a) of this section or pursuant to rules and regulations relating to this chapter
d. A Covered Healthcare Worker, a representative of a Covered Healthcare Worker, the City Attorney, or another Person acting on behalf of the public as provided for under applicable state law may bring a civil action in a court of competent jurisdiction against an Employer violating this chapter. If the City, a Covered Healthcare Worker , or a representative of a Covered Healthcare Worker prevails in the action, the Court shall impose all remedies available under the law or in equity, including in junctive or other equitable relief, reinstatement, the payment of any wages unlawfully withheld, the payment of penalties in the amount of up to $120 to each Covered Healthcare Worker for each day that a violation occurred or continued, and reasonable attorneys' fees and costs.
For retaliatory action by the Employer, the Covered Healthcare Worker shall be entitled to reinstatement and a trebling of all wages and penalties owed. Any other Person enforcing this chapter on the public's behalf, upon prevailing, shall be entitled to an award of only equitable, injunctive, and/or restitutionary relief, and reasonable attorneys' fees and costs.
4-35.7 No Waiver of Rights.
Any waiver by a Covered Healthcare Worker of any or all of the provisions of this chapter or of rights or protections afforded under the authority of this chapter shall be deemed contrary to public policy and shall be void and unenforceable.
4-35.8 Coexistence with Other Available Relief.
The provisions of this chapter shall not be construed as limiting any Covered Healthcare Worker's right to obtain relief to which the Covered Healthcare Worker may be entitled at law or in equity.
4-35.9 One-Year Court-Granted Waiver.
This Chapter is not intended to cause reduction in employment or work hours for Covered Healthcare Workers. Therefore, a court may grant a one -year waiver from the Minimum Wage requirements of this chapter if an Employer can demonstrate by substantial evidence t hat compliance with this chapter would raise substantial doubt about the Employer's ability to continue as a going concern under generally accepted accounting standards. The evidence must include documentation of the Employer's financial condition, as well as the condition of any parent or affiliated entity, and evidence of the actual or potential direct financial impact of compliance with this chapter. A one -year waiver granted by a court pursuant to this section does not exempt an Employer from complying with any and all federal, state, or local laws and regulations, including any other applicable federal, state, or local minimum wage requirement.
City Council Regular Meeting - Page 405 of 582
8 4-35.10 Conflicts.
Nothing in this chapter shall be interpreted or applied so as to create any power or duty in conflict with any federal or state law.
4-35.11 Severability.
If any subsection, sentence, clause, phrase, or provision of this chapter is found invalid or unconstitutional by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
Section 4. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision sh all not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
Section 5. CEQA Findings. The City Council hereby finds and determines that this Ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) (CEQA) pursuant to Section 15061(b)(3) of the State CEQA Guidelines because there is no possibility that it may have a significant effect on the environment.
.
Section 6. Effective Date. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published or posted according to law. This Ordinance shall become effective ninety (90) days after its adoption in order to allow covered Employers adequate time to implement its requirements.
PASSED, APPROVED AND ADOPTED this 21st day of February 2023.
________________________________
Oscar Flores, Mayor
ATTEST:
_______________________________
Maria Quinonez, City Clerk
City Council Regular Meeting - Page 406 of 582
9 APPROVED AS TO FORM APPROVED AT TO CONTENT
_______________________________ ________________________________ Noel Tapia, City Attorney Ernie Hernandez, City Manager City Council Regular Meeting - Page 407 of 582
10 STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Ordinance 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 21st day of February, 2023, and passed by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Maria Quinonez, City Clerk
City Council Regular Meeting - Page 408 of 582
Agenda Item # 17.
AGENDA STAFF REPORT
DATE:
February 21, 2023
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Mark Flores, Director of Recreation & Community Services
SUBJECT:
ACCEPTANCE OF 2023 DODGERS DREAMTEAM YOUTH
BASEBALL/SOFTBALL PROGRAM AGREEMENT AND GRANT FUNDING
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled, “A RESOLUTION OF THE
LYNWOOD CITY COUNCIL APPROVING AN AGREEMENT WITH THE LOS ANGELES DODGERS FOUNDATION FOR THE 2023 DODGERS DREAMTEAM LYNWOOD YOUTH BASEBALL & SOFTBALL PROGRAM.”
Background:
The Recreation & Community Services Department applied for grant funding from the Los Angeles Dodgers Foundation (LADF) to continue its partnership as its Dodgers Dreamteam affiliate youth baseball and softball program. The Los Angeles Dodgers Foundation has notified staff that its application was successful and the partnership will continue for the 2023 Lynwood Youth Baseball & Softball (LYBS) seasons. Staff is requesting that the City Council formally accept the grant through Resolution.
Discussion and Analysis:
The Los Angeles Dodgers Foundation (LADF), a California nonprofit public benefit corporation, has approved a partnership and grant to support the 2023 Dodgers Dreamteam (formerly “ Dodgers RBI
”) LYBS program with the
City of Lynwood. The Recreation & Community Services Department’s Lynwood Youth Baseball & Softball (LYBS) program has been a continuous affiliate of the LADF program since January of 2018.
The Lynwood program continues to be recognized as the largest and most successful individual program supported by the LADF. After a complete, COVID-related cancelation of game-play in 2020 and a modified program in 2021, the 2022 program returned to a more traditional baseball/softball program. The 2023 program is expected to return to pre-COVID participation models.
2023 Grant Program Highlights
City Council Regular Meeting - Page 409 of 582
Registration slots allowed: 576 (across all age divisions) Registration fee of $15/player
Grant Amount of $39,960
12U Age divisions begin play April 15, 2023
13+ Age divisions begin play June 2023
Per the grant’s requirements, $12,960 of the approved $39,960 in grant funds shall be used to offset field maintenance, program operations and management, umpire fees, and to subsidize participant fees. The remaining balance of $27,000 is required to be used to fund a temporary, part-time “ Dreamteam
Coordinator
”
dedicated to the program. Labor representatives have agreed to the temporary nature of this position.
In addition to the grant funds, the Recreation & Community Services Department will receive player uniforms, equipment, recruitment flyers, marketing banners, educational & health resources, coaches training, player development clinics and incentives/giveaways, use of an online registration system and access to Dodger- sponsored special events throughout the season.
Via adoption of the accompanying Resolution, staff is requesting that the City Council, formally accept the grant; authorize the City Manager or designee to sign the grant memorandum of understanding and related grant documents; direct the Human Resources and Finance Departments to establish accounts to receive and expend grant funds and establish the required temporary, part-time “ Dreamteam
Coordinator
” position.
Fiscal Impact:
The City will receive $39,960 in grant support funds for the 2023 Youth Baseball/Softball Dodgers Dreamteam program. The proposed budget appropriation reflects program costs to pay for the part time program coordinator and equipment and maintenance expenses that need to be budgeted as an expenditure and as a revenue for a net zero impact to the General Fund. Staff is requesting that $23,000 be appropriated in the current fiscal year and the remaining balance be reflected in the FY 23/24 Recreation Budget.
Coordinated With:
City Attorney
Human Resources
Finance Department
ATTACHMENTS:
Description
Resolution - 2023 LADF Grant Acceptance 022123 FIN edits 2023 LADF Grant Agreement Doc
City Council Regular Meeting - Page 410 of 582
RESOLUTION NO.__________________
A RESOLUTION OF THE LYNWOOD CITY COUNCIL APPROVING AN AGREEMENT WITH THE LOS ANGELES DODGERS FOUNDATION FOR THE 2023 DODGERS
DREAMTEAM LYNWOOD YOUTH BASEBALL & SOFTBALL PROGRAM
WHEREAS, the Recreation & Community Services Department applied for and was successfully awarded a grant of $39,960 from the Los Angeles Dodgers and the Los Angeles Dodgers Foundation to support the 2023 Lynwood Youth Baseball & Softball Dodgers Dreamteam (formerly “Dodgers RBI”) seasons; and
WHEREAS, grant management practices require the City to certify, by resolution, acceptance of the grant, acceptance of responsibility to perform grant and partnership requirements and authorization for execution of related documents and activities; and
WHEREAS, the grant will be used in strict accordance with requirements established by the agreement and the Los Angeles Dodgers Foundation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Lynwood finds and declares that the foregoing recitals are true and correct, and incorporates said recitals fully into this Resolution as substantive findings.
Section 2. Approves acceptance of the Los Angeles Dodgers Foundation grant and Agreement to support the 2023 Dodgers Dreamteam – Lynwood Youth Baseball & Softball season.
Section 3. The City Manager and/or his designee is authorized to execute any documents and activities related to the Agreement and program including, but not limited to contracts and grant payments to contractors which may be necessary for the completion of the aforementioned program and to allocate necessary staff time to manage the program.
City Council Regular Meeting - Page 411 of 582
Section 4. The Finance Department is authorized and directed to receive grant funds, establish the appropriate account s and expend the grant funds as designated by the appropriation below:
Section 5. The Human Resources Department is authorized and directed to re - establish the “Dreamteam Coordinator” position or equivalent, in accordance to the grant requirements.
Section 6. This resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED THIS 21st day of February 2023.
__________________________
Oscar Flores, Mayor
ATTEST:
_________________________ __________________________
Maria Quinonez, City Clerk Ernie Hernandez, City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_________________________ __________________________ Noel Tapia, City Attorney Mark Flores, Director
Recreation and Community Services
Appropriation Request
Revenue
1011 60
32157 Grant Revenue-Dodger
Foundation
$23,000
Expenditure
1011 60 705 60005 Temporary Part-Time $16,000
1011 60 705 64399 Other Fees for services $7,000
City Council Regular Meeting - Page 412 of 582
STATE OF CALIFORNIA }
}
COUNTY OF LOS ANGELES }
I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held at City Hall on the 21 st day of February 2023, and passed by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Maria Quinonez, City Clerk
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 foregoing 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 21st day of February 2023
_________________________
Maria Quinonez, City Clerk
City Council Regular Meeting - Page 413 of 582
1 January 31, 2023
Mark Flores
Director of Recreation & Community Services
City of Lynwood, Recreation & Community Services Department 11330 Bullis Road
Lynwood, CA 90262
RE: Support for 2023 Dodgers Dreamteam Program (formerly Dodgers RBI Program) with the City of Lynwood, Recreation & Community Services Department Dear Mr. Flores,
It is my pleasure to inform you that The Los Angeles Dodgers Foundation, a California nonprofit public benefit corporation (the “Foundation” or “LADF”), has approved a grant to support the Dodgers Dreamteam program (the “Program”) with the City of Lynwood, Recreation & Community Services Department, a government entity (the “Grantee”) in the amount of thirty- nine thousand and nine hundred and sixty dollars ($39,960) (the “Grant”). This Grant will offset field maintenance and umpire fees ($12,960) along with providing funding for a Dodgers Dreamteam Coordinator ($27,000). This Grant is to support 576 youth players at 1 location for the Grantee’s program referred to as the 2023 Dodgers Dreamteam program (See Addendum 1 for approved number of players and locations). In addition to the Grant funds, Grantee will receive the in-kind contribution of uniforms, equipment, recruitment and marketing flyers, banners for each location, educational and health resources and services, coach mentors (Field Champions), coaches training, player development clinics, incentives/giveaways, and complimentary use of LeagueApps, the online registration system and access to special events throughout the season. Grantee can charge no more than fifteen dollars ($15) per player.
This Grant is contingent upon the Grantee complying with the Dodgers Dreamteam Program Requirements (Addendum 2).
NOTE: Organizations will receive 60% of the program grant based on the Official Program Start Date along with the full amount for the Dodgers Dreamteam Coordinator (contingent upon when LADF is notified that this person is hired). For example, if your program begins in May, organizations should expect to receive the 60% grant portion and funds for the Dodgers Dreamteam Coordinator in May.
Dodgers Dreamteam Grantee Start Date 60% Disbursement Period April 2023
May 2023
April 2023
May 2023
City Council Regular Meeting - Page 414 of 582
2 June 2023 June 2023
**If the program has multiple locations with different start dates, the latest start date will be used for payment schedule.**
To receive the remaining 40% of the grant funds, the following must be completed by Grantee:
a. Ensure registrations for players and coaches are input into LeagueApps. This must be completed prior to any practice or game.
b. Complete team rosters on LeagueApps prior to any practice or game. Each team roster should include the youth participants and coaches.
c. Provide complete schedules for the season prior to the first day of games. Grantee is highly encouraged to use the LeagueApps platform.
d. Ensure that all excess uniform sets and coach polos are returned to LADF within 15 days of the Grantee’s last game.
e. Complete an equipment inventory sheet within 15 days of the league’s last games. f. To receive 100% of the grant amount, partners must reach at least 90% of approved preseason player projections. For any variance greater than 10%, the grant will be reduced by the equivalent amount. Please note this reduction will not include the Dodgers Dreamteam Coordinator funds. For example, if Grantee projects 1,000 players and only 850players are registered on LeagueApps, the TOTAL grant amount will be reduced by 15% and deducted from the 40% grant payment. If projections are increased after approval by LADF, the new number will be used to determine final season grant calculations.
The Grantee is required to attend the Dodgers Dreamteam Partners Meeting at Dodger Stadium on February 23, 2023 and a partners recap meeting after the end of the season.
This letter is a legally binding agreement (the “Grant Agreement”). This Grant Agreement will become effective upon the Foundation’s receipt of the Grant Agreement signed by an authorized representative of the Grantee. Please keep a copy of this Grant Agreement for your files.
Please read the terms and conditions of this Grant Agreement very carefully. The Foundation may withhold payment to the Grantee if the Grantee fails to meet the terms and conditions of the Grant Agreement.
TERMS AND CONDITIONS
1. Grant Funds. The Grantee will use the Grant funds (the amount of which is determined as described above) solely for the Grantee’s program purposes of the Dodgers Dreamteam Coordinator, and to offset field maintenance, and umpire fees for the 2023 Dodgers Dreamteam program which brings baseball and softball programs to youth in underserved communities (the “Project”). The Grant shall be made on the schedule as described above.
2. In-Kind Contributions. The Foundation will also provide certain in-kind contributions of uniforms, equipment, recruitment and marketing flyers, banners for each location, educational and health resources and services, coach mentors (Field Champions), coaches City Council Regular Meeting - Page 415 of 582
3 training, player development clinics, incentives/giveaways, complimentary use of LeagueApps, the online registration system and access to special events throughout the 2023 season, as described herein or as agreed to by the Foundation (“In-Kind Contributions”).
3. Project. As an inducement to the Foundation to make the Grant, the Grantee has previously submitted a written application (the “Application”) to the Foundation, which Application includes a description of the Project. The Grantee acknowledges that the Grant is expressly made in reliance on the Application and a review of financial information and a final budget submitted by the Grantee. A copy of the Application and all amendments thereto are attached as Addendum 3. Accordingly, the Grantee shall notify the Foundation immediately, in writing, of any material change in the facts set forth in the Application or in any other information or document submitted to the Foundation.
4. Use of the Grant Funds and In-Kind Contributions. All Grant funds and the In-Kind Contributions shall be used solely to support the Project. Notwithstanding any other provision of this Grant Agreement, the Grant shall be used only for charitable or educational purposes qualifying under Internal Revenue Code (“IRC”) Section 170(c)(2)(B), and neither the Grant funds nor the income therefrom may be used for purposes other than those so described.
5. Promises of Grantee. The Grantee promises to the Foundation that it will:
a. Comply with the Dodgers Dreamteam Program Requirements (Addendum 2).
b. Not use any portion of the Grant funds or the In-Kind Contributions in a manner inconsistent with IRC Section 501(c)(3), including, without limitation:
i. Influencing the outcome of any specific election for candidates to public office, or
ii. Inducing or encouraging violations of law or public policy or causing any private inurement or improper private benefit to occur, or taking any other action inconsistent with IRC Section 501(c)(3); and
c. Not discriminate on the basis of race, color, national origin, age, sex, sexual orientation, marital status, creed, religion, citizenship, ancestry or political affiliation in the performance of this Grant Agreement, the expenditure of the Grant and the undertaking of the Project.
6. Use of LeagueApps by Grantee. LADF will provide an online registration tool called LeagueApps that is mandatory for all Grantees to use. Grantee acknowledges and agrees that:
City Council Regular Meeting - Page 416 of 582
4 a. All Dodgers Dreamteam players and coaches MUST be registered on LeagueApps, including, without limitation, obtaining the Foundation’s waiver and release of liability as provided in Addendum 4, prior to any practice or game. b. All Dodgers Dreamteam players must be organized onto teams with each team having a minimum of oneregistered coach.
c. All Grantees must attend a mandatory LeagueApps training that will be scheduled by LADF.
d. If the Grantee has a separate or additional waiver to which participants, parents and coaches must agree, it must be provided to LADF.
e. Grantee must set a registration opening and closing date prior to the start of registration.
f. Grantee must confirm “age as of” dates for all divisions if different from standard requirements before registration opens (Standard “age as of” date is first day of games).
g. Grantee must finalize numbers within two weeks of the program ending and keep all wait list registrations.
h. Grantee must not allow staff to use work email addresses to register youth. All families must have their own email address when registering.
7. Status of Grantee. The Grantee is not an agent, consultant or contractor of the Foundation and, as an entirely independent and separate organization, is solely responsible for its actions, errors and omissions.
8. Reporting. Upon request by the Foundation, the Grantee will submit to the Foundation a written report for any period of the Grantee during which the Grantee receives, holds, or spends any of the Grant funds. In such report, the Grantee will specify, at a minimum, the use of the Grant funds and the impact of the Grant funds such as the number of children directly served as a result of the Grant funds. The Grantee will submit the report to the Foundation within thirty (30) days after the last date of games. The required grant report template will be provided by Grantee during the midseason interview. Once the Foundation makes the request for such report, any future payment under this Grant Agreement or otherwise from the Foundation will be contingent upon the Grantee’s provision of the report to the Foundation. The Foundation will provide the Grantee with the Dodgers Dreamteam Grantee Report Guidelines prior to end of season.
9. Recordkeeping. The Grantee will keep adequate records to substantiate the charitable purposes of its expenditures from the Grant funds and the In-Kind Contributions. The Grantee will make its books and records pertaining to the Grant Funds available to the Foundation at reasonable times for review and audit, and will comply with all reasonable requests of the Foundation for information and interviews regarding the use of the Grant City Council Regular Meeting - Page 417 of 582
5 funds and In-Kind Contributions. The Grantee will keep copies of all books and records related to the Grant Funds and all reports to the Foundation for at least 4 years after the Grantee has expended the last of the Grant funds.
10. Insurance. The Grantee represents and warrants that (a) it is, and will continue to be, adequately insured against all risks, including such risks as would be covered by fire and property damage, worker’s compensation, automobile and comprehensive general liability insurance, with respect to the conduct of the Project and all other programs and activities of the Grantee, and (b) the premises and facilities of third parties where the Grantee conducts and will conduct its programs and activities also are and will be so adequately insured. Within thirty (30) days from the execution of this Grant Agreement, the Grantee shall (i) furnish the Foundation proof of its self-insurance or (ii) shall name the Foundation as an additional insured on the Grantee’s policy and furnish the Foundation the policy or policies of insurance or a certificate of insurance, or other written evidence satisfactory to the Foundation, evidencing the insurance carried by or otherwise benefiting the Grantee.
11. Return of Grant Funds to the Foundation, Early Termination of Agreement and Cancellation of Unpaid Grant Installment Payments.
a. The Grantee agrees to return to the Foundation any Grant funds and any income earned thereon, including proceeds from the sale or exchange of an asset purchased, constructed or developed with Grant funds, not specifically committed and/or actually expended in accordance with the Application and this Grant Agreement.
Return of such funds shall occur reasonably promptly upon the written request of the Foundation.
b. The Foundation shall have the right to terminate this Grant Agreement with cause.
Upon termination of this Grant Agreement by the Foundation, the Foundation shall be relieved from making any further payments to the Grantee in regard to the Grant. c. In the event the termination is pursuant to a reasonable determination by the Foundation that:
i. The Grantee has misrepresented any material fact or supplied false or misleading material information to the Foundation in the Application or otherwise in regard to this Grant Agreement or the Grant; ii. The Grantee has diverted any Grant funds or In-Kind Contributions to a purpose other than that permitted hereunder;
iii. The Grantee has failed to maintain or provide any material records or reports required to be maintained or provided hereunder; iv. The Grantee has terminated, abandoned, cancelled or substantially altered, or is likely to terminate, abandon, cancel or substantially alter, the Project; City Council Regular Meeting - Page 418 of 582
6 v. The Grantee has failed, in the judgment of the Foundation, to satisfy any one of the Grant conditions set forth in this Grant Agreement, breaches any of the other terms of this Grant Agreement or fails to fulfill any purpose of the Grant, including, but not limited to, the Grantee becoming insolvent or for any other reason being unable to meet its financial obligations as they become due, other than those financial obligations for which the Grant is made; or
vi. Any of Grantee’s key personnel have undergone a material change in job description, level of authority or employment status during the Grant term and such change is likely to cause Grantee to terminate, abandon, cancel or substantially alter the Project, then the Foundation may make written demand that the Grantee refund any or all payments of the Grant previously made or return any unused In-Kind Contributions. The foregoing remedies of the Foundation are in addition to any other remedies provided by law, and all such remedies shall be cumulative and not exclusive.
12. Funds Not Earmarked for Lobbying; Grantee Discretion. The Foundation is making this Grant to Grantee to support the charitable and educational purposes of the Project as described in Section 1 of this Grant Agreement, and the Grantee will apply the Grant Funds toward such purposes. This Grant is not earmarked for influencing legislation within the meaning of IRC Section 501(c)(3), and there has been no agreement, written or oral, to that effect between the Foundation and the Grantee.
13. No Pledge. Neither this Grant Agreement nor any other statement, oral or written, nor the making of any contribution or grant to Grantee, will be interpreted to create any pledge or any commitment by the Foundation or by any related person or entity to make any other grant or contribution to the Grantee or any other entity for the Project or any other project.
The Grant contemplated by this Grant Agreement will be a separate and independent transaction from any other transaction between the Foundation and the Grantee or any other entity.
14. Terrorist Activity. The Grantee warrants that it does not support or conduct, directly or indirectly, violence or terrorist activities of any kind.
15. Indemnification: No Liability. The Grantee irrevocably and unconditionally agrees, to the fullest extent permitted by law, to defend, indemnify, and hold harmless the Foundation and its officers, directors, employees, affiliates and agents, from and against any and all claims, liabilities, losses, and expenses (including reasonable attorneys’ fees) directly, indirectly, wholly, or partially arising from or in connection with (a) the performance of this Agreement by the Grantee, (b) the planning, acquiring, constructing, equipping, arranging, implementing, sponsoring, conducting of the Program by the Grantee, (c) the use of the Grant funds and In-Kind Contributions by the Grantee, or (d) any other program or activity by the Grantee. IN NO CASE SHALL THE FOUNDATION BE LIABLE TO THE GRANTEE OR ANY THIRD PARTY FOR CONSEQUENTIAL DAMAGES. The Foundation shall have no liability for any debts, liabilities, deficits or cost overruns of the Grantee. It is expressly understood by the parties that no director, member, officer, City Council Regular Meeting - Page 419 of 582
7 employee or other representative of the Foundation shall incur any financial responsibility or liability of any kind or nature whatsoever in connection with this Grant Agreement or any subsequent agreement between the parties regarding the subject matter hereof. The parties agree that the liability of the Foundation hereunder shall be limited to the payment of the Grant pursuant to the terms and conditions of this Grant Agreement. Any contracts entered into or other obligations or liabilities incurred by the Grantee in connection with the Project or otherwise relating to this Grant Agreement shall be the sole responsibility of the Grantee, and the Foundation shall have no obligation or liability whatsoever thereunder or with respect thereto.
If requested by the Foundation, the Grantee covenants that all contracts to which it shall become a party in regard to the Project and/or the Grant shall include the following clause:
“It is expressly agreed and understood that neither The Los Angeles Dodgers Foundation (the “Foundation”) nor any director, member, officer, employee or other representative of the Foundation shall incur any financial responsibility or liability of any kind or nature whatsoever in connection with this Agreement, and that the foregoing provisions concerning financial responsibility or liability shall be expressly included in and made a part of any and all agreements between the parties subsequent to this Agreement.”
16. Public Acknowledgement. In recognition of the Grant, the Project shall be referred to as the Dodgers Dreamteam Program for the 2023 season. Grantee must obtain prior written authorization from the Foundation, which the Foundation may give or withhold in its sole discretion, for any public acknowledgement of the grant(s) from the Foundation contemplated herein. Grantee may recognize other sponsors of the Program in proportion to their relative contributions to the sponsorship of the Program. In its sole discretion, the Foundation may describe its support of the Program in the Foundation’s own printed or oral announcements and website.
17. Miscellaneous.
a. No Agency. The Grantee is solely responsible for all activities supported by the Grant funds, the content of any product created with the Grant funds, and the manner in which such products may be disseminated. This Grant Agreement will not create any agency relationship, partnership, or joint venture between the parties, and the Grantee will make no such representation to anyone.
b. Further Acknowledgements of the Grantee. The Grantee acknowledges that it understands its obligations imposed by this Grant Agreement, including, but not limited to, those obligations imposed by reference to the IRC. The Grantee agrees that if the Grantee has any doubts about its obligations under this Grant Agreement, including those incorporated by reference to the IRC, the Grantee will promptly contact The Foundation or the Grantee’s legal counsel.
c. Waivers. The failure of the Foundation to exercise any of its rights under this Grant Agreement will not be deemed to be a waiver of such rights.
City Council Regular Meeting - Page 420 of 582
8 d. Remedies. If the Foundation determines, in its sole discretion, that the Grantee has substantially violated or failed to carry out any provision of this Grant Agreement, including but not limited to failure to submit reports when due, the Foundation may, in addition to any other legal remedies it may have, refuse to make any further Grant payments to the Grantee under this Grant Agreement or any other grant agreement, and the Foundation may demand the return of all or part of the unexpended Grant funds, which the Grantee will immediately repay to the Foundation. The Foundation may also avail itself of any other remedies available by law.
e. Captions. All captions and headings in this Grant Agreement are for the purposes of reference and convenience only. They will not limit or expand the provisions of this Grant Agreement.
f. Entire Agreement. This Grant Agreement supersedes any prior or contemporaneous oral or written understandings or communications between the parties and constitutes the entire agreement of the parties with respect to its subject matter. This Grant Agreement may not be amended or modified, except in a writing signed by both parties.
g. Dispute Resolution. Any controversy or claim arising out of or relating to this Grant Agreement, or the breach thereof, will be settled by arbitration before an experienced arbitrator licensed to practice law in California in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “Association”) in Los Angeles, California. The arbitration decision will be final and binding upon the parties and may be entered as a judgment in any court of competent jurisdiction.
h. Governing Law. This Grant Agreement has been executed and delivered in and will be governed by and construed in accordance with the substantive laws of the State of California.
i. Incorporation of Addendums. The Addendums attached hereto are incorporated herein by reference and made a part of this Grant Agreement as if fully set forth herein.
j. Use of Marks. Notwithstanding any provision herein, no party shall use any other party’s trademarks, tradenames, and/or logos (each, a “Mark”) without the prior written approval from such other party, which approval may be granted or denied by the other party in its sole discretion. Each Mark shall remain the sole and exclusive intellectual property of the pertinent party.
k. Survival. Sections 8, 9, 11, 15, 16, 17(a), 17(d) 17(g), 17(h) and 17(j) of this Grant Agreement shall survive the completion, or termination if sooner, of this Grant Agreement.
Please direct all future communications concerning this Grant to Tiffany Rubin, Senior Director, Programs ([email protected]). On behalf of the Foundation’s Board of Directors City Council Regular Meeting - Page 421 of 582
9 and staff, let me express how delighted we are to support your organization. We wish you every success.
Sincerely,
Nichol Whiteman Nicholas Sandler
CHIEF EXECUTIVE OFFICER P RESIDENT
THE LOS ANGELES DODGERS FOUNDATION T HE LOS ANGELES DODGERS FOUNDATION
Accepted on behalf of City of Lynwood, Recreation & Community Services Department by:
_____________________________________ Date: ______________________ BY:
ITS:
Federal Tax I.D. No.: «___956000718____________________________________»
APPROVED AS TO FORM:
[NAME]
[TITLE]
By:_____________________________
City Council Regular Meeting - Page 422 of 582
Agenda Item # 18.
AGENDA STAFF REPORT
DATE:
February 21, 2023
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Gabriel Linares, Director of Community Development
SUBJECT:
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR CODE
ENFORCEMENT SUPPLEMENTAL SERVICES
Recommendation:
Staff recommends that the City Council adopt the following resolution entitled:
“
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
AWARDING A PROFESSIONAL SERVICES AGREEMENT, IN THE NOT TO EXCEED AMONT OF $250,000 IN ARPA FUNDING FOR CODE ENFORCEMENT SUPPLEMENTAL SERVICES ”
Background:
At its regular meeting of February 1, 2022, the Lynwood City Council approved Resolution No. 2022.018 reserving and appropriating Coronavirus Local Recovery Funds awarded to the City of Lynwood under the American Rescue Plan Act of 2021 (ARPA). Recovery Funds are intended to provide support to state local and tribal governments in responding to the impact of COVID-19 and in their efforts to contain COVID-19 on their communities, residents and businesses.
Staff has since identified several citywide projects that were not included in the Lynwood Economic & Community Enhancement Plan that required amendments to ensure proper funding levels. On August 16, 2022, the Lynwood City Council approved budget adjustments to amend the overall recovery plan to address needed services in various areas of the city such as maintenance and code enforcement. ARPA funds will be used to contract for supplemental code compliance activities that will allow city staff to better address long standing code issues.
Discussion and Analysis:
On October 5, 2022, the Community Development Department issued a Request for Proposal (RFP) on the city’s website (PlanetBids) seeking qualified professional services to assist the Public Safety Division with supplemental code enforcement initial inspections and re-inspections as well as case maintenance. The RFP was due on October 31, 2022. There was one (1) proposal received by Willdan Engineering.
City Council Regular Meeting - Page 423 of 582
After careful consideration of the proposal, including but not limited to; response to the RFP requirements, firm’s history and ability to provide services, proposed staff qualifications, and proposed fee, staff believes that the contract should be awarded in a not to exceed amount of $250,000. The vendor is currently providing services to the Public Works Department and previously provided services to the Community Development Department.
For this reason, staff is recommending that the city enter into a Professional Service Agreement with Willdan Engineering to provide supplemental code enforcement services.
Fiscal Impact:
Staff is requesting approval of an appropriation of $250,000 from the ARPA fund as follows:
Fund
Dept
Div
Object
Description
Amount
1055
85 TBD
TBD
Code Enforcement
$250,000
1055
Budgetary Fund Balance
($250,000)
Coordinated With:
City Manager's Office
City Attorney
Finance Department
ATTACHMENTS:
Description
Attachment A - Professional Services Agreement
Attachment B - Willdan Engineering Proposal
Resolution
City Council Regular Meeting - Page 424 of 582
1 PROFESSIONAL SERVICES AGREEMENT
This agreement (“Agreement”) is made as of February 21, 2023 by and between the City of Lynwood, a municipal corporation ("City") and Willdan Engineering (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as the “Parties.”
R E C I T A L S
WHEREAS, City desires to utilize the services of Consultant as an independent contractor to [insert brief description of work] as set forth in the Scope of Services attached hereto as Exhibit A; and
WHEREAS, Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows:
1. Company's Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit A.
2. Term of Agreement. This Agreement shall commence on February 21, 2023, (the “Commencement Date”) and shall remain and continue in effect until tasks described in Exhibit A are completed, but in no event later than December 31, 2026, unless sooner terminated pursuant to the provisions of this Agreement.
3. Compensation.
A. City agrees to compensate Consultant for services under this Agreement in compliance with the schedule set forth in Exhibit A. Consultant shall submit proper monthly invoices in the form and manner specified by City. Each invoice shall include a monthly breakdown of all monthly services performed together with the hours spent on each service. Consultant shall maintain appropriate and necessary documentation supporting the monthly invoices detailing the type of service provided. It shall be available for review by the City at all reasonable times upon request.
B. Total payment to Consultant pursuant to this Agreement shall not exceed Two Hundred Fifty Thousand ($250,000).
C. If at the request of the City, Consultant is required to incur out of pocket expenses (including but not limited to, out-of-town travel and lodging) which are above and beyond the ordinary expenses associated wit h performance of this Agreement, Consultant shall be entitled to reimbursement of such expenses. Consultant shall only be reimbursed for those expenses which: (I) appear on Consultant’s monthly invoices; (II) are accompanied by a copy of the City’s written authorization for Consultant to incur City Council Regular Meeting - Page 425 of 582
2 such expenses; and (III) receipts documenting such expenses.
4. General Terms and Conditions. The General Terms and Conditions set forth in Exhibit B are incorporated as part of this Agreement. In the event of any inconsistency between the General Terms and Conditions and any other exhibit to this Agreement, the General Terms and Conditions shall control unless it is clear from the context that both parties intend the provisions of the other exhibit(s) to control.
5. Addresses.
City of Lynwood
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Attn: Ernie Hernandez, City Manager
Company
Willdan Engineering
2401 E. Katella Avenue, Suite 300
Anaheim, CA 92806
Attn: Albert Brady, Deputy Director of Building and Safety
6. Exhibits. All exhibits referred to in this Agreement are listed here and are incorporated and made part of this Agreement by this reference.
Exhibit A – Scope of Services and Compensation Schedule Exhibit B – General Terms and Conditions
SIGNATURES ON FOLLOWING PAGE
City Council Regular Meeting - Page 426 of 582
3 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below.
CITY
CITY OF LYNWOOD
By: ______________________________ ______________________ Oscar Flores, Mayor Date
CONSULTANT
WILLDAN ENGINEERING
By: _______________________________ ________________________ Albert Brady, Deputy Director Date
ATTEST:
By: ______________________________ ________________________ Maria Quinonez, City Clerk Date
APPROVED AS TO FORM:
By: ______________________________ ________________________ Noel Tapia, City Attorney Date
City Council Regular Meeting - Page 427 of 582
1 EXHIBIT A
SCOPE OF WORK
City Council Regular Meeting - Page 428 of 582
2 City Council Regular Meeting - Page 429 of 582
3 City Council Regular Meeting - Page 430 of 582
1 EXHIBIT B
GENERAL TERMS AND CONDITIONS
1. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of the City of Lynwood or otherwise act on behalf of Lynwood as an agent. Neither the City of Lynwood nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City of Lynwood.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interests asserted against City by reason of the independent Consultant relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent status of Consultant and the audit in any way fails to sustain the validity of a wholly independent Consultant relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant’s employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 1.
D. Consultant represents to the City, and City relies on Consultant’s representations, that Consultant shall serve solely in the capacity of an independent contractor to the City. Neither the City nor any of its agents will have control over the conduct of Consultant or any of Consultant’s employees, except as otherwise set forth in the Agreement. Consultant may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. The City has no duty, obligation, or responsibility to the Consultant’s agents or employees, including the Affordable Care Act coverage requirements. Consultant is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents and employees under the Affordable Care Act with respect to Consultant’s agents and employees. Consultant warrants and represents that the City will not be responsible and will not be held liable for issues related to Consultant’s status as an independent contractor, including Consultant’s failure to comply with Consultant’s duties, obligations, and responsibilities under the Affordable Care Act.
Consultant further agrees to defend, indemnify, and hold the City harmless for any and City Council Regular Meeting - Page 431 of 582
2 all taxes, claims, and penalties against the City related to Consultant’s obligations under the Affordable Care Act.
2. Standard of Performance
Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or his/her designee. No additional or different tasks or services shall be performed by Consultant other than those specified in Exhibit A.
3. Indemnification.
A. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be per formed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform said services and duties.
B. City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnities") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, defend, protect and hold harmless Indemnities from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which Indemnities may suffer or incur or to which Indemnities may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or other loss occurring as a result of or allegedly caused by Consultant’s performance of or failure to p erform any services under this Agreement or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, subcontractor, sub consultant or employees, committed in performing any of the services under this Agreement. Notwithstanding the foregoing, the provisions of this subsection shall not apply to Claims occurring as a result of the City’s sole negligence or willful acts or omissions.
C. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, sub consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required in this Section, Consultant agrees to be fully responsible according to the terms of this Section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on City and will in no way serve as a waiver of any rights hereunder. This obligation to indemnify and defend Indemnities as set forth herein shall survive the termination of this Agreement and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to City.
City Council Regular Meeting - Page 432 of 582
3 4. Insurance.
A. Without limiting Consultant’s indemnification of Indemnities pursuant to Section 3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement the types and amounts of insurance as described below:
(I) Consultant shall maintain Commercial General Liability Insurance with coverage at least as broad as Insurance Services Office Commercial General Liability Form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(II) Consultant shall maintain Business Auto Coverage on ISO Business Auto Coverage Form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(III) Consultant shall maintain Workers’ Compensation I nsurance (Statutory Limits) and Employer’s Liability Insurance with on a state approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for all covered losses;
(IV) Consultant shall maintain Professional Liability or Errors and Omissions Insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate.
Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after comp letion of the services required by this Agreement.
B. City, its officers, officials, employees and volunteers shall be named as additional insureds on the policy(ies) as to commercial general liability and automotive liability.
C. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
City Council Regular Meeting - Page 433 of 582
4 D. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to CITY via certified mail, return receipt requested, addressed to “Director of Human Resources & Risk Management ,” City of Lynwood, 11330 Bullis Road, Lynwood, California, 90262. Consultant agrees that it will not cancel, reduce or otherwise modify said insurance coverage.
E. Consultant shall submit to City (I) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and ( II) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City’s appropriate standard forms entitled "Additional Insured Endorsement".
F. Consultant’s insurance shall be primary as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees and volunt eers shall be excess of Consultant’s insurance and shall not contribute with it.
G. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost. City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant’s and the cost of such insurance may be deducted, at the option of City, from payments due Consultant.
5. Release of Information/Confidentiality.
A. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information deve loped or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager, voluntarily provide declarations, letters of suppo rt, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. Consultant’s covenant under this section shall survive the termination of this Agreement.
B. Consultant shall promptly notify City should Consultant, its officers, City Council Regular Meeting - Page 434 of 582
5 employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, inte rrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder. City retains the right, but has no obli gation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response
6. Ownership of Work Product.
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by the City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of the City or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit the City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
7. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it.
Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary or City Council Regular Meeting - Page 435 of 582
6 otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by Consultant’s covenants under this section shall survive the termination of this Agreement.
8. Termination. Notwithstanding any other provision, this Agreement may be duly terminated at any time by the City at its sole discretion with or without cause by serving upon the consultant at least ten (10) days prior written notice (“Notice of Termination”).
Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Unless expressly agreed upon in writing by the City, the City shall not be obligated to pay for any services rendered nor any costs or expenses paid or incurred after the date of termination. The effective date of termination shall be upon the date specified in the written Notice of Termination.
Consultant agrees that in the event of such termination, Consultant must refund the City its prorated share, except for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written Notice of Termination, Consultant shall discontinue performing services, preserve the product of the services and upon payment for services, turn over to City the product of the services in accordance with written instructions of City.
In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City.
9. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.
Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises.
10. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by City Council Regular Meeting - Page 436 of 582
7 or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.
11. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant obligations hereunder, without the prior written consent of City, and any attempt by Consultant to assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.
12. Performance Evaluation. For any Agreement in effect for twelve months or longer, the City Manager may require a written annual administrative performance evaluation within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein.
13. Compliance with Laws. Consultant shall keep itself informed of State, Federal and Local laws, ordinances, codes and regulations which in any mann er affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. Consultant shall at all times comply with such laws, ordinances, codes and regulations. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.
14. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect all licenses (including a City business license) required of it by law for performance of the services hereunder.
15. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.
16. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this City Council Regular Meeting - Page 437 of 582
8 Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and Consultant.
17. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Consultant regular business hours or by facsimile before or during Consultant regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreeme nt, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.
18. Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the Part ies in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. However, the Parties may agree to submit any dispute to non-binding arbitration.
19. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.
20. Severability. If any provision or any part of any provision of this Agreement is found to be invalid or unenforceable, the balance of this Agreement shall remain in full force and effect.
21. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the Mayor and attested by the City Clerk.
22. Authority. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
23. Force Majeure. A Party’s performance of any obligation under this Agreement shall be suspended if, and to the extent that, the Party is unable to perform because of any event of Force Majeure. In any such event, the Party unable to perform shall be required to resume performance of its obligations under this Agreement upon the termination of the event or cause that excused performance hereunder. “Force Majeure” herein means an event which is beyond the reasonable control of a Party, City Council Regular Meeting - Page 438 of 582
9 including without limitation, (a) acts of God including flood, fire, earthquake, hurricane or explosion, pandemic; (b) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (c) government order or law that prevents either Party from performing its obligations as set forth in this Agreement; (d) actions, embargoes or blockades in effect on or after the date of this Agreement; (e) action by any governmental authority that prevents either Party from performing its obligations as set fort h in this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances, other than those involving the affected parties employees; (h) shortage of adequate power or transportation facilities.
Neither Party shall be liable for any delay or default in, or failure of, performance resulting from or arising out of any Force Majeure event, and no such delay, default in, or failure of performance shall constitute a breach by either Party hereunder. Where a Force Majeure event gives rise to a failure or delay in either Party performing its obligations under this Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure event. A Party who becomes aware of a Force Majeure event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this Agreement, will forthwith notify the other and inform the other of the period for which it is estimated that such failure or delay will continue. The affected Party shall take reasonable steps to mitigate the effects of the Force Majeure event.
City Council Regular Meeting - Page 439 of 582
City of Lynwood
Proposal
October 31, 2022
Submitted by: Willdan Engineering
Code Enforcement Supplemental Services
City Council Regular Meeting - Page 440 of 582
October 31, 2022 Submitted via Planet Bids
Mr. Gabriel Linares
Director of Community Development
City of Lynwood
11330 Bullis Road
Lynwood, California 90262
Subject: Proposal for Code Enforcement Services
Dear Mr. Linares:
Willdan Engineering (Willdan) appreciates the opportunity to submit this proposal to provide code enforcement services to the City of Lynwood. It is our understanding that the City is seeking supplemental code enforcement initial inspections, re-inspections, and case management for residential and commercial properties.
Expertise with Comparable Engagements
Willdan Engineering specializes in providing professional code enforcement, building and safety, engineering, and planning services to municipalities. The firm has been providing building and safety services including code enforcement to cities and counties on a contract basis since 1979.
Demonstrated Competence and Expertise
Willdan Engineering presently provides code enforcement services to a vast number of jurisdictions throughout California. In this capacity, we provide a full range of services including Code Management services, program development services and staff augmentation for code enforcement divisions. We service client code needs from occasional on-call services to staffing entire divisions.
Public Sector Experience
Our staff – many of whom have experience as former public agency staff – understands the uniqueness of agency needs and issues. They have served as code directors, building officials, city engineers, planning directors, traffic engineers, and public agency staff members for numerous cities and counties.
No Subconsultants
Willdan Engineering will provide all requested code enforcement services with Willdan staff. No subconsultants will be used. The diversity of Willdan staff’s experience is an added value of our professional services to our clients.
Knowledge of the City
Willdan has worked in the City of Lynwood since 1983. Recent projects include providing engineering and/or geotechnical services for the Lynwood Urban Green Bicycle Trail, Wright Road Pavement Rehabilitation, the Citywide Sidewalk Transition and CIP, and the Martin Luther King at Bullis Traffic Signal modification. Our established working relationship with City staff and knowledge of the City will enable us to initiate work quickly and respond appropriately to challenges that may arise during this contract.
City Council Regular Meeting - Page 441 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
Required Response Item Matrix
based our proposal order on the Proposal Contents on pages 9 and 10 of your RFP; however, the matrix below helps you ensure we are responding to the items on page 6.
Required Item Response or location in our proposal
Hourly bill rate 10.Cost Breakdown; Proposal Form
Evidence of contract staff experience and certifications by staff member
Certified Housing Official Ben Mendoza, 6. Resumes; Appendix C Certified Zoning Official Ben Mendoza, 6. Resumes; Appendix C Building Inspector Certification Raul Diaz, 6. Resumes; Appendix C Years’ Experience
Minimum Housing Code Enforcement
High weeds and grass enforcement
Trash, junk, and litter enforcement
Junked/abandoned vehicle code enforcement
All of our code enforcement projects include
minimum housing code enforcement.
3. Relevant Experience and Skills
7. Documentation of Recent Projects.
Evidence of staff productivity in the above identified violation categories on a daily basis
For nuisance cases, our code enforcement
personnel can perform 10-20 cases a day. For
other cases, we average 5-15 cases per day
depending on case complexity.
Feel free to contact Willdan’s references to verify
this information.
Evidence of Minimum Housing Code case outcomes by
municipality served and the period served
Number of housing cases closed through repair Clients do not track this data Number of housing cases closed through demolition Clients do not track this data
Number of housing cases brought into compliance by the
property owner
Clients do not track this data
Number of housing cases brought into compliance by the
municipality
Clients do not track this data
Average number of days to compliance Clients do not track this data Evidence of average compliance times
High weeds and grass Clients do not track this data
Trash-litter-junk Clients do not track this data
A minimum of three municipal references within the state of California
3. Relevant Experience and Skills
Mr. Albert Brady, CBO, Deputy Director of Building and Safety, will serve as Principal-in-Charge and is authorized to contractually bind Willdan. Mr. Terry Cox, CACEO, will serve as the Project Manager and will oversee all day-to-day services provided to the City. Mr. Brady and Mr. Cox can be reached at the following information:
Mr. Albert Brady, CBO
Deputy Director of Building and Safety
Willdan Engineering
2401 E. Katella Avenue, Suite 300
Anaheim, CA 92806
(951) 454-3539
[email protected]
Mr. Terry Cox, CCEO
Code Enforcement Manager
Willdan Engineering
13191 Crossroads Pkwy North, Suite 405
Industry, CA 91746
(714) 822-7628
[email protected]
City Council Regular Meeting - Page 442 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
We look forward to discussing our qualifications and ideas for project implementation with you. If you have any questions or require additional information, please call Mr. Cox at (714) 822-7628.
Respectfully submitted,
W
ILLDAN ENGINEERING
Albert Brady, CBO
Deputy Director of Building and Safety
City Council Regular Meeting - Page 443 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
1 Table of Contents
1. Contact Information ....................................................................................................................................... 2
2. Firm Profile .................................................................................................................................................... 2 Size and Organization ................................................................................................................................................ 2 Rates .......................................................................................................................................................................... 2 Functions and Capabilities ......................................................................................................................................... 2 Firm Philosophy ......................................................................................................................................................... 4
3. Relevant Experience and Skills ........................................................................................................................ 5
4. Project Approach ........................................................................................................................................... 9
5. Project Team ................................................................................................................................................. 12
6. Resumes of Key Project Personnel ................................................................................................................. 13
7. Documentation of Recent Projects ................................................................................................................ 18
8. Current and Accessible References ................................................................................................................ 19
9. Falsification of Work Experience .................................................................................................................... 22
10. Cost Breakdown .......................................................................................................................................... 23 Hourly Rates ............................................................................................................................................................ 23
11. Project Timeline .......................................................................................................................................... 24 Appendix A. Required Forms ............................................................................................................................. 25 Proposal Form .......................................................................................................................................................... 26 Authorization and Signature Page ........................................................................................................................... 28 Non-Collusion Affidavit ............................................................................................................................................ 30 Appendix B. Willdan Engineering Hourly Rate Sheet .......................................................................................... 33 Appendix C. Proof of Licenses and Certifications ................................................................................................ 35
City Council Regular Meeting - Page 444 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
2 1. Contact Information
Mr. Albert Brady, CBO, Deputy Director of Building and Safety, will serve as Principal-in-Charge and is authorized to contractually bind Willdan. Mr. Terry Cox, CACEO, will serve as the Project Manager and will oversee all day-to- day services provided to the City. Mr. Brady and Mr. Cox can be reached via the following contact information:
Mr. Albert Brady, CBO
Deputy Director of Building and Safety
Willdan Engineering
2401 E. Katella Avenue, Suite 300
Anaheim, CA 92806
(951) 454-3539
[email protected]
Mr. Terry Cox, CCEO
Code Enforcement Manager
Willdan Engineering
13191 Crossroads Pkwy North, Suite 405
Industry, CA 91746
(714) 822-7628
[email protected]
2. Firm Profile
Willdan Engineering, a California corporation since 1964, is a subsidiary of Willdan Group, Inc., a publicly-traded Delaware corporation. Services are provided to nationwide clientele through three subsidiary firms – Willdan Engineering, Willdan Energy Solutions, and Willdan Financial Services – that offer a portfolio of diversified strengths. Throughout our history, Willdan Engineering (Willdan) has served as a full-service, multi-disciplinary firm specializing in building safety, municipal engineering, planning, and construction management and inspection services, along with a full complement of support disciplines.
Size and Organization
Willdan’s legal name is Willdan Engineering and is a subsidiary of Willdan Group, Inc. which previously went by the name of Willdan Associates. Willdan Engineering, a California corporation since 1964, is a subsidiary of Willdan Group, Inc., a publicly traded Delaware corporation. Willdan Group, Inc. holds 100% of the shares of Willdan Engineering. Willdan currently has more than 1,500 employees.
Rates
Willdan has included its hourly rate specific to this proposal in Section 10. Cost Breakdown. A page of Willdan’s complete rate package is included in Appendix X.
Functions and Capabilities
Code Enforcement
Willdan’s code enforcement management team possesses over 100-years of experience in code program development and oversight. Our team is available to perform program assessments and make recommendations to improve code divisions. Our staff members review entire programs and provide analysis of specific program areas such as code databases, revenue collection efforts, policies and procedures, and community-based neighborhood improvement programs.
In addition, our team of code enforcement personnel assists jurisdictions with the difficult task of maintaining the quality of life for their citizens. Willdan's staff offers extensive public agency experience in the areas of neighborhood preservation, housing inspection, and code enforcement. Our expertise includes development and implementation of inspection programs designed to ensure public safety, promote community involvement, and Willdan has been a leader in
contract solutions for
municipalities, including
code enforcement and
community preservation.
City Council Regular Meeting - Page 445 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
3 protect quality of life issues through community education and enforcement of municipal and related codes including preparation for, and participation in, prosecution by city and district attorneys.
Code Enforcement Services
Staffing: We provide highly skilled personnel on a full-time or part-time basis for both short-term and long-term projects. Our staff is available to work evenings, weekends, and on an as-needed or on-call basis. Our team has extensive public agency experience and can staff individual positions or a full division.
Development & Implementation: Willdan offers support in such areas as municipal code amendments, specialized programs, revenue protection and collection programs, and community- based neighborhood improvement programs.
Management: We have talented management personnel with all levels of experience to serve as code enforcement directors, code compliance managers, and code supervisors.
Analysis: Our staff has reviewed entire programs for several municipalities but can also provide analysis of specific program areas such development of policies and procedures and community- based neighborhood improvement programs.
Other Services: Willdan offers expert support with a multitude of other services including grant proposal writing, community education, neighborhood clean-up events, graffiti prevention, and civil abatements and receiverships.
Code enforcement services are among the most complex and challenging services that government agencies provide. According to nationwide studies, property values, crime rates, insurance rates, business development, and the sense of community pride can be directly impacted by the successes of a jurisdiction’s code enforcement program.
Willdan provides the following Code Enforcement Services:
Inspection services for HUD section 8 programs.
Illegal roadside and/or street vendors
Development of ordinances and writing of grant proposals. Neighborhood cleanup and improvement programs.
Community education programs.
Development of educational materials.
Provide full-time, part-time, interim and/or weekend staff as onsite “employees” Vehicle abatement and parking enforcement.
Assist in enforcement, including preparation and participation in prosecution by city and district attorneys.
The registration and enforcement of vacation rentals. The regulation of group and/or sober living homes.
Inspection, regulation, and enforcement of medicinal marijuana dispensaries.
City Council Regular Meeting - Page 446 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
4 Firm Philosophy
Corporate Mission and Philosophy. From Day 1, Willdan has maintained a business strategy focused on providing services to only public agencies. Today, 98 percent of our business is with public agencies. This strategy prevents potential conflicts of interest with private enterprises conducting business with our public agency clients or within their jurisdictions.
Willdan infuses our corporate culture of Customer-First throughout our entire staffing resources and all services provided.
City Council Regular Meeting - Page 447 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
5 3. Relevant Experience and Skills
Willdan’s Code Enforcement team has provided services to over 100 municipalities in California, most within the southern California region. As such, our staff is well versed in the challenges facing governments in the area and can offer solutions to resolve the most difficult of code violations. Below, we have listed references as requested so you can verify our ability to serve the City of Lynwood in the code enforcement field:
County of Orange
601 North Ross St., Santa Ana, CA 92701
Willdan staff is tasked with investigating complaints of property maintenance, inoperable vehicles, and other Municipal Code violations, and working with property owners and tenants to correct violations and to bring the property into compliance.
Service Dates Client Contact
March 2017 – Present
Justin Kirk, AICP
Planning Division Manager
(714) 667-8895
[email protected]
Specific Role
Staff augmentation
full-time and part-time staff
Enforcement of grading, building,
zoning and nuisance related issues
Key Personnel
Albert Brady
Terry Cox
City Council Regular Meeting - Page 448 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
6 City of La Canada Flintridge
1 Civic Center Drive
La Canada Flintridge CA 91011
Willdan is tasked with investigating complaints of property maintenance, inoperable vehicles, and other Municipal Code violations, and working with property owners and tenants to correct violations to bring the property into compliance.
City of Laguna Woods
24264 El Toro Road
Laguna Woods CA 92637
Willdan is tasked with investigating complaints of property maintenance, inoperable vehicles, and other Municipal Code violations, and working with property owners and tenants to correct violations to bring the property into compliance.
Service Dates Client Contact
July 2017 to Present
Susan Koleda, AICP
Director of Community Development
(818) 790-8881
[email protected]
Specific Role
Staff augmentation
Provide full-time staff
Enforcement of grading, building,
zoning and nuisance related issues
Key Personnel
Albert Brady
Service Dates Client Contact
July 2017 – Present
Rebecca Pennington
Development Programs Analyst
(949) 639-0561
[email protected]
Specific Role
Staff Augmentation
Provide part-time staffing
Enforcement of grading, building,
zoning and nuisance related issues
Key Personnel
Albert Brady
City Council Regular Meeting - Page 449 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
7 City of Hawaiian Gardens
21815 Pioneer Blvd
Hawaiian Gardens, CA 90716
Willdan personnel are assigned to provide code enforcement services related to residential property maintenance, commercial zoning enforcement, the enhancement of substandard housing, address un-permitted building construction and annual inspections of section 8 housing to verify compliance with HQS standards.
City of Cypress
5275 Orange Avenue
Cypress, CA 90630
Willdan personnel are assigned to provide code enforcement services related to residential property maintenance, zoning enforcement, and to address un-permitted building construction.
Service Dates Client Contact
March 2022 – Present
Ernesto Marquez
City Manager
562.420.2641, ext. 201
[email protected]
Specific Role
Staff Augmentation
Provide part-time staffing
Enforcement of building, housing,
zoning and nuisance related issues
Key Personnel
Albert Brady
Anthony Estrada
Service Dates Client Contact
November 2021 – Present
Alicia Velasco
Planning Director
714.229.6720
[email protected]
Specific Role
Staff Augmentation
Provide part-time staffing
Enforcement of building, zoning and
nuisance related issues
Key Personnel
Albert Brady
Anthony Estrada
Terry Cox
City Council Regular Meeting - Page 450 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
8 City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
Willdan personnel are assigned to provide code enforcement services related to residential property maintenance, commercial zoning enforcement, and address un-permitted building construction.
Service Dates Client Contact
November 2021 – Present
Lisa Prasse, AICP
Current Planning Manager
805.961.7542
[email protected]
Specific Role
Staff Augmentation
Provide full-time staffing
Enforcement of building, housing,
zoning and nuisance related issues
Key Personnel
Albert Brady
City Council Regular Meeting - Page 451 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
9 4. Project Approach
The project shall consist of Willdan staff coordinating with the City of Lynwood Code Compliance Department to provide Code inspection staff to the City. Personnel shall monitor locations as required and issue notifications, administrative citations and warnings when necessary to achieve compliance. Staff will be required to document all complaints received, inspections conducted through photos, notes, and correspondence. In addition to the services mentioned above, Willdan employees would provide the following to the City:
Scope of Work Willdan’s Deliverables
Investigate
Complaints
Willdan staff will review all aspects of the code, determine the correct zoning, and determine ownership prior to the actual investigation.
Our employees will adhere to the laws, statutes and protocols that govern a legal inspection.
Staff will utilize zoning maps/GIS software to determine correct zoning. Personnel will determine ownership through City records and/or through an ownership database.
Staff will carry laptops, tablets, mi-fi, cellphones, radios, digital cameras, measuring tape and/or other tools as required by the City to perform investigations. Our employees will attempt to view the alleged violations from the public right-of-way and will not perform investigations on private property without owner’s consent or warrant.
Initiate
Contact/Encourage
Compliance
Our staff will attempt to educate and offer solutions to business owners and homeowners on code requirements whenever possible.
Willdan personnel will issue courtesy notices (determined by the city) on minor nuisance related issues in an attempt to achieve voluntary compliance. Contract personnel will utilize administrative remedies such as civil citations to gain compliance only when necessary.
Field Inspections/
Gather
Evidence/Maintain Case
Information
Willdan personnel will gather all pertinent facts regarding the case, which will include the taking of evidentiary photographs. The information will include all evidence provided by the reporting party, neighbors, the property owner, city records, photo documentation and witness statements.
Personnel will review and catelog all City evidence related to the investigation. Our employees will gather evidence through performing inspections.
Prepare Notices of
Violations
Willdan personnel will investigate all alleged code violations and then, if necessary, issue field Notice of Violations.
Our staff is trained to prepare custom letters that specifically highlight a code violation, so property owners completely understand the code requirements. This helps property owners better understand their issue and achieve compliance. Willdan staff is PC-832 Certified which allows code enforcement officers to file misdemeanor cases as directed by the city staff.
Staff will utilize all other tools available such as criminal and/or administrative citations, criminal complaints, stop work orders, abatement warrants, receiverships, and recordation’s to eliminate code violations.
City Council Regular Meeting - Page 452 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
10 Scope of Work Willdan’s Deliverables
Prepare Compliance
Schedules
Willdan personnel will establish compliance schedules as outlined by the City Municipal Code or established by City policies.
The compliance schedule is determined by the severity and complexity of the issue and will range from immediate to a maximum of 30 days per notification. Compliance schedules not regulated by code will be consistent and fair and will allow residents or business owners adequate time to comply with code regulations.
Prepare Reports
Willdan staff will prepare monthly statistical reports at the request of the Community Development Director.
Our personnel are capable of preparing criminal complaint reports and/or citation reports.
Staff will provide reports to the City Manager and/or reports to the City Council as requested by the director.
Meet with Legal
Counsel
Willdan personnel will meet with the City’s Prosecutor regarding cases referred for office conference or legal proceedings.
Staff will provide reports including detailed notes, photos, correspondence and supporting documentation for all files referred to the prosecutor. Our personnel will perform inspections and provide updates on case status for active investigations being conducted in collaboration with the City prosecutor.
Coordinate with
City Departments
Willdan staff will communicate with all persons that collaborate with code such as the public works, building and planning divisions.
Our staff will meet and confer with all supporting agencies like the Sheriff’s Department, County Fire, and the Department of Environmental Health. Willdan will also communicate and coordinate with the City Attorney, City Manager, and the City Council as directed.
Staff would also work with all City commissions including the trails, traffic and planning commissions as directed.
Collect and Maintain
Statistics
Willdan will utilize the City’s database to collect and maintain statistical data and report said data on a daily, weekly, monthly, or annual basis. The statistics maintained would include but is not limited to the following: number of complaints received, the type of violations observed, the number of violations observed, number of notices and citations issues, case closures, and citation revenue generated.
Statistical information can be provided to staff upon request and new reports can be created depending on the information requested.
City Council Regular Meeting - Page 453 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
11 Scope of Work Willdan’s Deliverables
Report to Director of
Community
Development
Willdan’s Project Manager, Terry Cox, will report to the Director of Community Development.
Our personnel will report directly to the aforementioned City staff during the duration of the contract.
City Council Regular Meeting - Page 454 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
12 5. Project Team
The organizational chart below includes the designation of our responsible principals and project managers handling day-to-day work on the program, including designation of an alternate project manager in the event illness or any other occurrence prevents the project manager from overseeing the contract. Resumes for our key, and back-up, personnel are provided in Section 6. Resumes.
Exhibit 1. Project Team Organizational Chart
City Council Regular Meeting - Page 455 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
13 6. Resumes of Key Project Personnel
Albert Brady, CBO
Deputy Director of Building and Code Enforcement
Profile Summary
Education: BA, Business Administration, University of Southern California, Los Angeles Registration: PC 832 Certificate, Orange County Sheriff's Academy, Orange, CA Southern California Association of Code Officials
o Basic Certification
o Intermediate Certification
o Advanced Certification
o Supervisory Certification
Watershed Management Certificate, EPA - Environmental Protection Agency, Sacramento, CA ICC Certified Building Official
Experience: 30 Years
Mr. Albert Brady is a Willdan Engineering code enforcement manager, and is responsible for Code Enforcement Services company-wide. Mr. Brady leads a team of code enforcement professionals who provide both short and long-term services including management of code enforcement departments.
Relevant Project Experience
County of Riverside, CA. Code Enforcement Director. Managed the Code Enforcement Department for the entire County of Riverside. Assigned to oversee all operations and respond to all citizen concerns, County CEO complaints and Board inquiries; Prepare and monitor the Department's budget including all revenues and expenditures.
Prepare regular staff reports for the Board of Supervisor’s regarding ordinance development and/or municipal code revisions. Provide personnel with direction, develop, and update the Division's Policy and Procedure manual and verify that staff adheres to all policies established within the Department. Evaluate staff's performance on a regular basis and pursue disciplinary action when appropriate. Interview and hire all personnel. Attend regular staff meetings; meet with civic groups such as the Chamber of Commerce, Board of Realtors, Neighborhood groups and Homeowner's Associations. Interact with various departments, County, State and Federal organizations when necessary. Interact with The Riverside County District Attorney’s Office regarding criminal investigations and County Counsel for Civil proceedings such as Nuisance abatements, injunctions and/or receiverships.
City of Moreno Valley, CA. Code & Neighborhood Services Official. Responsible for managing the Code and Neighborhood Services Division which is comprised of the Parking Enforcement Team and the Code Compliance Group. Assigned to oversee all operations and respond to all citizen concerns, City Manager complaints and Council inquiries; Prepare and monitor the Division's budget including all revenues and expenditures. Manage agreements with outside contractors that provide service to the City including Riverside County Environmental Health, Abatement Contractors, and Citation Processing Services. Monitor and prepare quarterly and annual reports for three separate Federal programs. Prepare regular staff reports for City Council regarding ordinance development and/or municipal code revisions. Manage specialized programs such as the City's Graffiti Restitution Program, Shopping Cart Containment Ordinance and the Rotational Tow Service Program. Provide personnel with direction, develop and update the Division's Policy and Procedure manual and verify that staff adheres to all policies established within the Division. Evaluate staff's performance on a regular basis and pursue disciplinary action when appropriate. Interview and hire all personnel. Attend regular staff meetings; meet with civic groups such as the Chamber of Commerce, Board of Realtors, Neighborhood groups and Homeowner's Associations.
Interact with various departments, County, State and Federal organizations when necessary.
Willdan, Anaheim, CA. Code Enforcement Supervisor. Managed the Code Compliance Division for a firm that provided contract code services to Municipalities in the western United States. Contract services varied from staff augmentation, program development and consulting. Provided service to different jurisdictions in California, Arizona and Nevada including the following government agencies: County of Orange, City of Anaheim, South Pasadena, Bradbury, La Canada Flintridge, Rosemead, Hawaiian Gardens, Los Alamitos, Irvine, Laguna Hills, Del Mar, La Palma, and San Juan Capistrano. Developed and implemented code programs, ordinances (civil citation, nuisance ordinance, rental inspection programs) and policies and procedures manuals. Managed all contracts for service delivery and all contract employees assigned to the projects. Attended regular City Council meetings and assured each project remained within budget.
City Council Regular Meeting - Page 456 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
14 John Terry Cox, CCEO
Code Enforcement Officer/Project Manager
Profile Summary
Education: Psychology, Cerritos Community College
Business Management, California State University, Long Beach Business Management, California Coast University, Santa Ana, CA Registration: PC 832 Certificate, Rio Hondo Community College, Whittier, CA Certified Code Enforcement Officer, CACEO – California Association of Code Enforcement Officials Experience: 25 Years
Mr. Terry Cox is a Code Official with over 25 years’ experience in addressing community blight through developing effective neighborhood strategies. He has demonstrated the ability to train, motivate and manage cohesive teams focused on preserving communities. He is experienced in neighborhood improvement projects, operational management, community relations, consulting and project management.
Relevant Project Experience
County of Orange, Santa Ana, CA. Code Enforcement Manager. Oversee the day-to-day operations of the Neighborhood Preservation Section with the County of Orange, which includes the training and supervision of both County and contract staff. Work closely with staff from the Board of Supervisors, CEO’s office, multiple County Departments, and additional outside agencies to coordinate investigations/enforcement activities and communicate findings/results, as well as to provide thorough and effective service to unincorporated islands within the County of Orange. Prepare and provide staff reports, departmental work plans, educational/informational materials and special presentations related to code enforcement. Develop and implement policies and procedures to improve program efficiency and effectiveness. Coordinate and implement special projects such as community cleanup days, target area sweeps and community meetings, thus spearheading the community outreach efforts of OC Development Services/OC Public Works. Communication, both verbally and in writing, with representatives of the District Offices to address potential code-related concerns (Board of Supervisors). Analyze current Neighborhood Preservation procedures and implement changes when needed to improve program efficiency/effectiveness and staff morale (i.e., office hearing scheduling procedures, improved notification process, changes in rotational case assignments, etc.). Prepare and host Neighborhood Preservation bi- weekly meetings to maintain staff awareness of program status, goals and accomplishments, as well as to obtain feedback from staff with regards to improving the program. Review officer prepared notifications to the public and case files submitted for closure to maintain quality assurance, providing staff with assistance and direction when needed. Research and organize additional training for members of staff to improve officer awareness and effectiveness. Responsible for annual staff member reviews, coaching up of staff, and disciplinary action towards staff as needed. Responsible for developing and maintaining the annual budget for Neighborhood Preservation, as well as overseeing contract development/operations. Highly involved with the development and implementation of the new Land Management System and the Customer Resource Management online portal now utilized throughout OC Public Works to provide easily accessible online services to the stakeholders and visitors of Orange County.
City Council Regular Meeting - Page 457 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
15 Ben Mendoza
Code Enforcement Officer
Profile Summary
Education: AA, General Education & EMT-1 Certificate, San Jose City College, San Jose, CA Registration: I.C.C. and A.A.C.E. Current Certifications: -Zoning Inspector # 0879090-75, Property Maintenance/Housing Inspector #0879090-64 and Cert Code Enforcement officer #0879090-73, all current until April 2019 2003 - ATC-20-1 California Office of Emergency Services, Current certification for post disaster evaluation of buildings.
CPN -- Training and Certification in the use of Nuclear Gauges and Radiation Safety (for compaction testing).
Affiliations: C.A.C.E.O - California Association of Code Enforcement Officers. ICC - International Code Council, Member # 0879090
AACE- American Association of Code Enforcement
Experience: 21
Mr. Ben Mendoza is a Willdan Engineering code enforcement officer with 21 years of experience. Mr. Mendoza coordinated and participated with planning, building, public works, fire department, animal control, health department, law enforcement, legal counsel staff and other regulatory agencies to abate specific violations as needed. He has provided information to code violators, the general public, business community and other agencies regarding specific codes and ordinances.
Relevant Project Experience
City of Big Bear Lake, California. Code Compliance Officer. Performed field inspections for the City related to Municipal Code violations pertaining to right-of-way concerns, vacation rental enforcement, fire code violations and building code requirements. Used various tools and methods to achieve voluntary compliance from residents and business owners.
City of Highland, California. Code Enforcement Officer. Conducted weekend enforcement inspections for the City.
His inspections consisted of generalized code enforcement activities with specialization in signage regulations, excessive yard sales and unlicensed vendor inspections.
City of San Luis Obispo, California. Code Enforcement Officer. Performed field inspections and enforced municipal code provisions (such as animal regulations, business license requirements, and building permits). Explained regulations relating to municipal code provisions including zoning, land use, planning, and design review.
City of Delano, California. Code Enforcement Officer. Conducted field investigations and site surveillance of residential, commercial and industrial properties. Enforced all applicable code provisions, ordinances and statutes; issued infraction and misdemeanor citations for violations regarding zoning, litter, abandoned vehicles, weeds and debris accumulation.
City of Santa Monica, California. Housing Inspector. Conduct annual inspections of all section 8 subsidized housing for the City’s Housing Authority. Inspected apartments and single-family residential properties for compliance with federal HQS standards. Prepared inspection reports and notices of correction to property owners to ensure corrections were made to code requirements.
City of Bakersfield, California. Code Enforcement Officer. Issued permits and citations in accordance with the regulations of the municipality. Prepared reports and follow up on notices. Worked closely with the building code officials regarding regulations and codes.
City of Campbell, California. Code Enforcement Officer. Responded to citizen complaints regarding potential code violations; conducted research of property ownership, past permits and all applicable code regulations.
Coordinated enforcement actions with other City departments and other governmental agencies as necessary.
City Council Regular Meeting - Page 458 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
16 Anthony Estrada
Code Enforcement Manager
Profile Summary
Education: BA, Business Administration, University of Phoenix Registration: Basic Certification, SCACEO - Southern California Association of Code Officials Intermediate Certification, SCACEO - Southern California Association of Code Officials Advanced Certification, SCACEO - Southern California Association of Code Officials Supervisory Certification, SCACEO - Southern California Association of Code Officials PC 832
Experience: 28
Mr. Anthony Estrada is a Willdan Code Enforcement Manager with 28 years of experience. He is highly motivated, a self-starter with the ability to manage conflict and solve problems. Anthony has excellent written, verbal communication and interpersonal relation skills. He is an excellent team-player and demonstrates the ability to work independently. Mr. Estrada enjoys opportunities to challenge and improve his customer service/relation skills, is proficient in MS Word, Excel, and Outlook. Anthony has extensive experience in all facets of code including commercial enforcement and is available to provide code enforcement services to our Southern California clients.
Relevant Project Experience
City of West Hollywood, California. Code Compliance Officer. Conducted field investigations and site surveillance of residential, commercial and industrial properties. Enforced all applicable code provisions, ordinances and statutes; issued infraction and misdemeanor citations for violations regarding zoning, litter, abandoned vehicles, weeds and debris accumulation. Photographed evidence, prepared diagrams, interviewed potential witnesses and composed letters to ensure remedial action was taken; received complaints from citizens; issued correction notices and performed abatements when necessary. Prepared memos and investigative reports.
City of Hesperia, California. Code Compliance Manager. Assigned to oversee all operations and respond to all citizen concerns, City Manager complaints and Council inquiries; Prepare and monitor the Division's budget including all revenues and expenditures. Provide personnel with direction, develop and update the Division's Policy and Procedure manual and verify that staff adheres to all policies established within the Division.
City of Monterey Park, California. Code Compliance Manager. Managed the Code Compliance Division for the City.
Assigned to oversee all operations and respond to all citizen concerns, City Manager complaints and City Council inquiries; Prepare and monitor the Department's budget including all revenues and expenditures. Prepare ordinance development and/or municipal code revisions when necessary. Provide personnel with direction, develop and update the Division's Policy and Procedure manual and verify that staff adheres to all policies established within the Department.
City of El Monte, California. Code Enforcement Officer. Conducted field investigations and site surveillance of residential, commercial and industrial properties. Enforced all applicable code provisions, ordinances and statutes; issued infraction and misdemeanor citations for violations regarding zoning, litter, abandoned vehicles, weeds and debris accumulation. Photographed evidence, prepared diagrams, interviewed potential witnesses and composed letters to ensure remedial action was taken; received complaints from citizens; issued correction notices and performed abatements when necessary. Prepared memos and investigative reports.
City of Fontana, California. Code Compliance Specialist. Served as code compliance with responsibilities that included: proactively patrolled the city to identify problematic parking areas; responded to parking related violation complaints; issued verbal warnings, parking citations, notices of violation, and other documents; assisted with other code enforcement related functions and activities to include municipal code violation complaints, storm water compliance, and construction site inspections.
City Council Regular Meeting - Page 459 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
17 Raul Diaz, CBI
Building Inspector
Profile Summary
Education: Los Angeles Trade Technical College - Certificate, Electrical, 2006 Avis Contractor School - Certificate, Plumbing and Electrical Training, 2004 Avis Contractor School – Certificate, Building Inspector Training, 2003 Registration: ICC Certified - License #5218730
o California Commercial Building Inspector
o Commercial Electrical Inspector
o California Commercial Plumbing Inspector
o Plumbing Inspector
o Plumbing Inspector UPC
o CALGreen Inspector
o CALGreen Plans Examiner
o California Residential Building Inspector
o California Residential Plumbing Inspector
Cal EMA/OES Safety Assessment #62047
Experience: 14
Mr. Raul Diaz is a Willdan Engineering senior building inspector with 14 years of construction inspection experience. Mr. Diaz is experienced in handling complex code issues. Mr. Diaz is available to provide combination building inspection of residential and commercial buildings including complex occupancies and mixed-use projects.
Mr. Diaz is also available to manage the day-to-day operations of a city building department.
Relevant Project Experience
Los Angeles County Department of Public Works. Building Inspector. Contract Inspector serving dual role for the County as Inspector for the Southwest District Office, as well as serving as the sole Inspector and Manager for the City of Lawndale, a County contract city. Projects include:
Magnolia Walk, Willowbrook, CA. $21 million new housing development consisting of 94 detached townhomes on a 9.5-acre parcel in Willowbrook. Townhomes range between 1,400 to 2,000 sq. ft. Storm-Fujimoto Industrial Center, Gardena, CA. New $5 million distribution facility spanning entire city block. 114,061 sq. ft. concrete tilt-up office building and warehouse with mezzanine. Corporate Office Building, First Figueroa, LP, Los Angeles, CA. New corporate office building consisting of 43,485 sq. ft. warehouse building, with 1,904 sq. ft. ground office area and 1,904 sq. ft. mezzanine office area.
Gardena DMV Commercial Test Drive Center, Gardena, CA. New 1-story, 6,664 sq. ft. wood-framed office building on six-acre site, with parking to accommodate trucks and buses. Facility is one of only four specialized commercial driver test centers in California. Green Dot Public School, Los Angeles, CA. Tenant improvement of office building for new middle school, and new shade canopy for lunch shelter area.
Cities of Downey, Lynwood and South Gate. Building Inspector. Contract Inspector assigned to Downey, Lynwood and South Gate over a two-year period. Investigated complaints of non-permitted and unapproved structures, breach in the integrity of foundations, structural framing, electrical, plumbing and mechanical systems. Prepared and filed paperwork pertaining to code violations. Issued and processed building permits. Reviewed and computed energy, electrical, plumbing calculations.
City of South Gate, CA. Building Inspector. Made field inspections of industrial, commercial and residential buildings during various stages of construction and remodeling. Inspected foundations, cement, framing, electrical, plumbing, and mechanical installations. Performed field review of plans and specifications. Inspected conformance with uniform building code and pertinent provisions of state and city ordinances. Investigated possible code enforcement violations, photographed evidence. Issued notices of violations for non-compliance follow up investigation to ensure code violation was corrected. Received and responded to complaints regarding substandard dwellings or structures, zoning violation, debris, unsanitary conditions, including other zoning or city code violations.
City Council Regular Meeting - Page 460 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
18 7. Documentation of Recent Projects
Willdan has been successfully providing code enforcement staff augmentation services and code consulting to municipalities for over 55 years. During that time, Willdan has provided services to over 100 jurisdictions in both southern and northern California, Arizona and Nevada. We have provided code service to all the clients listed below. The clients we have served in the last five years are in bold. City of Big Bear Lake
City of Bradbury
City of Costa Mesa
City of Del Mar
City of Desert Hot Springs
City of El Monte
City of Folsom
City of Fountain Valley
City of Fullerton
City of Goleta
City of Grand Terrace
City of Hawaiian Gardens
City of Highland
City of Huntington Beach
City of Irvine
City of Irwindale
City of Kerman
City of La Cañada Flintridge
City of Laguna Beach
City of Laguna Hills
City of Laguna Niguel
City of Laguna Woods
City of Los Alamitos
City of Maricopa, AZ
City of Moreno Valley
City of No. Las Vegas, NV
City of Orange
City of Orange Cove
City of Palm Desert
City of Pasadena
City of Perris
City of Rancho Cordova
City of Rosemead
City of San Jose
City of San Juan Capistrano
City of San Luis Obispo
City of Sierra Madre
City of Soledad
City of South Pasadena
City of Tempe, AZ
City of Vernon
City of Walnut
City of West Hollywood
County of El Dorado
County of Orange
County of San Diego
Town of Fountain Hills, AZ
Waterford
Rancho Palos Verdes
Manhattan Beach
Hermosa Beach
Long Beach
Cypress
Vernon
Maywood
Cudahy
Downey
La Puente
Burbank
South Pasadena
Inglewood
Willdan has selected its most relevant, still active projects from Section 3. Relevant Experience and Skills, and is including them in this section of our proposal.
County of Orange
601 North Ross St., Santa Ana, CA 92701
Willdan staff is tasked with investigating complaints of Building, Housing, and Zoning Code violations, property maintenance, inoperable vehicles, and other Municipal Code violations, and working with property owners and tenants to correct violations and to bring the property into compliance.
Contact: Justin Kirk, AICP, Planning Division Manager, 714.667.8895, [email protected]
City of La Canada Flintridge
1 Civic Center Drive, La Canada Flintridge CA 91011
Willdan is tasked with investigating complaints of property maintenance, inoperable vehicles, and other Municipal Code violations, and working with property owners and tenants to correct violations to bring the property into compliance.
Contact: Susan Koleda, AICP, Director of Community Development, 818.790.8881, [email protected]
City of Laguna Woods
24264 El Toro Road, Laguna Woods CA 92637
Willdan is tasked with investigating complaints of property maintenance, inoperable vehicles, and other Municipal Code violations, and working with property owners and tenants to correct violations to bring the property into compliance.
Contact: Rebecca Pennington, Development Programs Analyst, 949.639.0561, [email protected]
City Council Regular Meeting - Page 461 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
19 8. Current and Accessible References
The following are references of our key staff members for projects that they have been assigned.
Terry Cox, Program Manager
County of Orange
o Contact information:
Justin Kirk, Planning Manager
(714) 667-8895
[email protected]
City of La Canada Flintridge
o Contact information:
Susan Koleda, Community Development Director
(818) 790-8881
[email protected]
Albert Brady, Principal in Charge
County of Orange
o Contact information:
Justin Kirk, Planning Manager
(714) 667-8895
[email protected]
City of La Canada Flintridge
o Contact information:
Susan Koleda, Community Development Director
(818) 790-8881
[email protected]
City of Laguna Woods
o Contact information:
Rebecca Pennington, Development Programs Analyst
(949) 639-0561
[email protected]
City of Hawaiian Gardens
o Contact information:
Ernesto Marquez, City Manager
562-420-2641 ext. 201
[email protected]
City of Cypress
o Contact information:
Alicia Velasco, Planning Director
(714) 229-6720
[email protected]
City Council Regular Meeting - Page 462 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
20 Raul Diaz, Certified Building Inspector
City of La Puente, Code Inspection Services
o Contact information:
John Di Mario, Community Development Director
(626) 855-1500
[email protected]
City of Cudahy, Code Inspection Services
o Contact information:
Alfonso Noyola, City Manager
(323) 773-5143
[email protected]
Ben Mendoza, Certified Housing Inspector, Certified Zoning Inspector City of Inglewood
o Contact Information:
Jerry Tucker, Code Enforcement Manager
(310) 412-5590
[email protected]
City of Manhattan Beach
o Contact Information:
Ryan Heise, Building Official
(310) 802-5525
[email protected]
City of Moreno Valley
o Contact Information:
James Verdugo, Building Official
(951) 413-3000
[email protected]
City of Big Bear Lake
o Contact information:
Becky Romine, Administrative Assistant
(909) 866-5831 x153
[email protected]
City Council Regular Meeting - Page 463 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
21 Anthony Estrada, Code Enforcement Officer
City of Hawaiian Gardens
o Contact Information
Ernesto Marquez, City Manager
562-420-2641 ext. 201
[email protected]
City of Cypress
o Contact information:
Alicia Velasco, Planning Director
(714)-229-6720
[email protected]
City of Vernon
o Contact Information
Daniel Wall, Director of Public Works
(323) 583-8811 x305
[email protected]
City of Ojai
o Contact information:
Lucas Seibert, Community Development Director
(805) 646-5581 x113
[email protected]
City Council Regular Meeting - Page 464 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
22 9. Falsification of Work Experience
Willdan has only included projects handled by the firm, or by individuals (while with other firms), and have made it clear in our proposal when individual project experience was performed while they were with other firms.
City Council Regular Meeting - Page 465 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
23 10. Cost Breakdown
Hourly Rates
Willdan’s all-inclusive rate of $70.00 per hour includes project management oversight, vehicle and mileage, and all required insurance including professional liability.
City Council Regular Meeting - Page 466 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
24 11. Project Timeline
Willdan anticipates being working daily for the City upon notice to proceed. The following timeline outlines the time we anticipate being fully operational and providing code enforcement services to the City.
Event Estimated Timeline
Proposal Submitted October 31, 2022
Interviews To be determined
Proposal Decision To be determined
Contract Negotiations To be determined
Council Approval To be determined
Obtain Insurance Certificate 72 hours from council approval/notice to proceed Contract Execution 5 business days from council approval/notice to proceed
City Council Regular Meeting - Page 467 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
25 Appendix A. Required Forms
City Council Regular Meeting - Page 468 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
26 Proposal Form
City Council Regular Meeting - Page 469 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
27 City Council Regular Meeting - Page 470 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
28 Authorization and Signature Page
City Council Regular Meeting - Page 471 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
29 City Council Regular Meeting - Page 472 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
30 Non-Collusion Affidavit
City Council Regular Meeting - Page 473 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
31 City Council Regular Meeting - Page 474 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
32 City Council Regular Meeting - Page 475 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
33 Appendix B. Willdan Engineering Hourly Rate Sheet
City Council Regular Meeting - Page 476 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
34 City Council Regular Meeting - Page 477 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
35 Appendix C. Proof of Licenses and Certifications
City Council Regular Meeting - Page 478 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
36 Albert Brady, CBO
ICC Certified Building Official
John Terry Cox, CCEO
City Council Regular Meeting - Page 479 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
37 Ben Mendoza
Registration:
I.C.C. and A.A.C.E. Current Certifications: -Zoning Inspector # 0879090-75, Property Maintenance/Housing Inspector #0879090-64 and Cert Code Enforcement officer #0879090-73, all current until April 2019
City Council Regular Meeting - Page 480 of 582
Proposal for
Code Enforcement Supplemental Services
City of Lynwood
38 Raul Diaz, CBI
ICC Certified - License #5218730
o California Commercial Building Inspector
o Commercial Electrical Inspector
o California Commercial Plumbing Inspector
o Plumbing Inspector
o Plumbing Inspector UPC
o CALGreen Inspector
o CALGreen Plans Examiner
o California Residential Building Inspector
o California Residential Plumbing Inspector
City Council Regular Meeting - Page 481 of 582
13191 Crossroads Parkway North, Suite 405
Industry, CA 91746-3443
562.908.6200 | 800.499.4484 | Fax: 562.695.2120
www.willdan.com
City Council Regular Meeting - Page 482 of 582
1 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, AWARDING A PROFESSIONAL
SERVICES AGREEMENT WITH WILLDAN ENGINEERING, IN THE NOT TO EXCEED AMONT OF $250,000 IN ARPA FUNDING FOR CODE ENFORCEMENT
SUPPLEMENTAL SERVICES
WHEREAS, the City Council of the City of Lynwood approved the Lynwood Economic & Community Enhancement Plan February 1, 2022; and
WHEREAS, staff identified several citywide projects that were not included in the Lynwood Economic & Community Enhancement Plan that required amendments to ensure proper funding levels ; and
WHEREAS, On August 16, 2022, t he Lynwood City Council approved budget adjustments to amend the overall recovery plan to address needed services in various areas of the city such as maintenance and code enforcement; and
WHEREAS, on October 5, 2022 , the City issued a Request for Proposal (RFP ) on the City’s website (PlanetBids) seeking qualified professional services to assist with supplemental code enforcement services; and
WHEREAS, the City received one (1) proposal; and
WHEREAS, after careful consideration of the proposal, including but not limited to; response to the RFP requirements, firm’s history and ability to provide services, proposed staff qualifications, and proposed fee, staff believes that the contract should be awarded to Willdan Engineering in a not to exceed amount of $250,000.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Lynwood finds and declares that the foregoing recitals are true and correct, and incorporates said recitals fully into this Resolution as substantive findings.
Section 2. The City Council of the City of Lynwood authorizes the Mayor to execute a Professional Services Agreement (Exhibit “A”) with Willdan Engineering , in a form approved by the City Attorney, for supplemental code enforcement services , in a not to exceed amount of $250,000.
Section 3. The City Council of the City of Lynwood authorizes the approval of an appropriation and the use of $250,000 ARPA funds for supplemental services as follows:
City Council Regular Meeting - Page 483 of 582
2 Fund Dept Div Object Description Amount
1055 85 TBD TBD Code Enforcement $250,000
1055
Budgetary Fund Balance ($250,000)
Section 4. The Mayor is authorized to execute the professional services agreement for and on behalf of the City of Lynwood. The Mayor is also authorized to execute the Resolution for and on behalf of the City of Lynwood.
Section 5. The City Clerk shall certify to the adoption of this Resolution and hereafter the same shall be in full force and effect.
PASSED, APPROVED and ADOPTED this 21st day of February 2023.
______________________________
Oscar Flores
Mayor
ATTEST:
___________________________
Maria Quinonez
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
__________________________ ______________________________ Noel Tapia Ernie Hernandez
City Attorney City Manager
City Council Regular Meeting - Page 484 of 582
3 STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 21st day of February 2023, and passed by the following votes:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________
Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing 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 21st day of February 2023.
________________________
Maria Quinonez, City Clerk
City Council Regular Meeting - Page 485 of 582
Agenda Item # 19.
AGENDA STAFF REPORT
DATE:
February 21, 2023
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Gabriel Linares, PE
Community Development Director
SUBJECT:
STAFF RECOMMENDS THAT THE CITY COUNCIL AUTHORIZE THE CITY
MANAGER TO ENTER INTO AN AGREEMENT FOR A NEW PERMIT
MANAGEMENT SOLUTION
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled; “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING A PROFESSIONAL SERVICE AGREEMENT WITH EDGESOFT, INC. FOR A PERMIT MANAGEMENT SOLUTION.
Background:
The Community Development Department is responsible for processing construction permits in the City of Lynwood. The Department consists of the following divisions: Planning, Building and Safety, Code Enforcement, Economic Development, Housing, Parking Control, and Animal Control. The development of projects requires that Community Development staff collaborate with other departments and agencies to verify compliance of many different State and local regulations, collaboration with departments such as Public Works, LA County Fire, Sherrifs' Department and LA County Health Department is crucial to success.
The Department’s and divisions are currently working in data silos, they use software that does not cross communicate. The use of various different technologies and systems makes the permit process more cumbersome and time consuming for the users. In an effort to breakdown the communication silos and streamline the permitting process, Community Development recommends the incorporation of a comprehensive one permit management solution that will enhance the departments operations.
Community Development realized that there are several challenges facing the permit process in Lynwood. The Southern California region is part of a Larger fast-paced community that needs modern web-based tools which can help facilitate development projects while saving developers time and money. After analyzing the workflow and tools available in Community Development, some factors were discovered.
Our current permit system Eden/Tyler does not offer any web-based options to customers. Forcing City Council Regular Meeting - Page 486 of 582
customers to physically come in to the city for permit processing.
Due to the age of the system (2008), Eden/Tyler is in the process of phasing out the older system and discontinue software support to the permitting product.
Industry permitting standards are moving to web hosted systems offering more online options to jurisdictions and users. Submitting documents digitally will reduce paper waster and save commuter dive time for permit process, saving money trees, and green house gases.
The Covid-19 pandemic taught us many lessons, one being that our operation needs to be diversified and offer remote work capabilities when needed with more online options to customers.
State mandates continue to be chaptered by Sacramento and the Governor such as AB 2234 The Permit Streamlining Act, and SB379 Residential solar energy systems, mandating jurisdictions update the permit process and offer online permits and express permits.
Given these factors, Community Development has conclude that a new multi-department Web based permitting system should be incorporated into the City’s workflow in-order to facilitate development and meet the demands of our residents, customers, and State mandates. We are confident that by moving to a new Web based system we can offer a more robust services to our community and facilitate development.
Discussion and Analysis:
Our General Plan discusses the goal of streamlining the permit process. Updating and enhancing our permit system will improve our business operations through the use of technology by managing the planning, building permits, inspection and incidental permit process.
Cloud based technologies such as Edgesoft exist in the marketplace to help accomplish these goals. They allow customers and residents a secure and user-friendly online platform offering them the opportunity to apply for building permit applications, process payments and follow the work flow at the comfort of a computer. Staff also benefits from an efficient transparent workflow process.
Providing e-government solutions by offering an online web presence will increase efficiency and help staff manage the increasing customer demands and workloads. Online filing of applications, reviews, resubmittals, and plans can be reviewed by architects, contractors, staff, and residents in real time and will help boost efficiency.
Additionally, offering residents and businesses the ability to submit and pay for permit applications online has been a function that has been lacking in the City of Lynwood and this software will addressed these issues.
In 2022 a
request for proposal for an online Permit Management Solution was published in
the
local newspaper
and made available on the City’s website.
The City received responses from multiple vendors in August 2022. Ten (10) companies submitted proposals, please see the following list of Companies:
1. Camino
2. CivicPlus
3. Edgesoft
4. GeoCivix
5. GovBuilt
6. iWorq
7. MaintStar
8. OnlineSolutions
9. SEPTechnology
10. Tyler Technologies
Community Development assembled a Lynwood multi-department evaluation committee that included Building & Safety, Engineering, IT, Planning, and Finance. This committee evaluated the ten proposals and participated in presentations from the potential service providers. The evaluation was based on qualifications, experience, proposed team organization and product ease of use. The committee narrowed the field down to the top 3 vendors with the best qualifications and product that compliments the Lynwood workflow. The top three vendors are:
Camino, Edgesoft, and Tyler Technologies. These vendors were invited to participate in the final evaluation process. The final evaluation process included an interactive demonstration to Community Development staff and included online portal sample permit process. This process was evaluated and scored using a rating sheet by the City Council Regular Meeting - Page 487 of 582
evaluation committee. The scores are as follows:
Vendor
Scores
5 yr Cost*
Total
Camino
80 99
92 70
85 205,000
426
Edge So
88 98
96 98
91 170,000
471
Tyler Tech
66 90
85 80
88 470,613
409
* 5yr cost does not include CPI increases nor implementation contingency.
Based on the evaluation of the committee Edgesoft Inc. earned the highest score. The committee selected Edgesoft to move forward in the process based on the overall performance of the product. The product will provide operational enhancements that will streamline the permit process making Lynwood more development friendly.
Features such as:
·
Improving coordination between multiple departments and divisions, thru Blue Beam real-time data plan review for Planning, Plan Check Code, Engineering and professionals. ·
Provide online permit submittal and permit issuance for simple permits such as reroof, solar/photovoltaic, water heater, etc.
·
Provide ability for management to analyze data by geographic areas. ·
Provide web-based tools that allow the creation of reports for State entities. ·
The ability to submit documents online streamlining the process and saving, paper, customer time and money.
·
Providing customer web-portal allowing for the status check of projects to our customers. Through the web-portal customers will have real-time information status of the project, eliminating the need to call the city for permit status checks. Documents will be attached and made available for the end-users.
Edgesoft Inc. (Edgesoft) was founded in 1997 to provide world-class enterprise software products that empower local governments to deliver superior citizen services. Using a small company approach and its solid history of implementing projects for Fortune 500 companies, Edgesoft offers a unique expertise in bringing the best of business practices from the private sector to municipal governments. Currently they are providing services to Burbank, Beverly Hills, Glendale, San Fernando, and currently will be implementing in Norwalk.
The updating of our older Permit system will give Lynwood the opportunity to participate in a more fast paced digital environment. We will have the capability of a digital infrastructure that allows us to provide web-based resources and allows us to continue operating without delays or interruption.
Fiscal Impact:
The estimated cost to implement a cloud-based solution, training, workflow customization and data migrate is $84,000.00 for the first year of service plus 10% contingency of 8,400.00. The first-year total cost will be $92,400.00.
Fund
Dept
Div
Object
Description
Amount
1055
TBD
TBD
9.0 Technology
Advancements
$94,400
1011
51 501
62015
4 yr permit
$97,301
The four (4) remaining one (1) year extensions have an a cost of $21,500 per year with annual increases of 5% or CPI starting in 2024. These annual cost will be budgeted into the Community Development future annual budgets not to exceed $97,301 for the 4 yrs.
The total contract cost not to exceed $191,701.
City Council Regular Meeting - Page 488 of 582
Coordinated With:
City Attorney contract approved as to form.
ATTACHMENTS:
Description
PSA Edgesoft 2023
RFP Response EdgeSoft Inc. Exhibit A
Software Service Agreement Exhibit B
Resolution
City Council Regular Meeting - Page 489 of 582
1 PROFESSIONAL SERVICES AGREEMENT
This agreement (“Agreement”) is made as of February 21, 2023 by and between the City of Lynwood, a municipal corporation ("City") and Edgesoft, Inc., a California corporation (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as the “Parties.”
R E C I T A L S
WHEREAS, City desires to utilize the services of Consultant as an independent contractor to provide Permit Management Solutions and Services as set forth in the Scope of Services attached hereto as Exhibit A; and
WHEREAS, Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows:
1. Company's Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit A.
2. Term of Agreement. This Agreement shall commence on March, 2023 (the “Commencement Date”) and shall remain and continue in effect FOR (3) Three years with (2) Two one year extensions for a total of (5) years or until tasks described in Exhibit A are completed, unless sooner terminated pursuant to the provisions of this Agreement.
3. Compensation.
A. City agrees to compensate Consultant for services under this Agreement in compliance with the schedule set forth in Exhibit A. Consultant shall submit proper monthly invoices in the form and manner specified by City. Each invoice shall include a monthly breakdown of all monthly services performed together with the hours spent on each service. Consultant shall maintain appropriate and necessary documentation supporting the monthly invoices detailing the type of service provided. It shall be available for review by the City at all reasonable times upon request.
B. Total payment to Consultant pursuant to this Agreement shall not exceed Ninety-Four Thousand Four Hundred Dollars ($94,400) for the first year. The remaining years will not exceed Twenty-One Thousand Five Hundred Dollars ($21,500) annually plus a maximum 5% increase for each year, that such increase is requested by Consultant. No additional compensation shall be paid for any other expenses incurred unless first approved by the City.
C. If at the request of the City, Consultant is required to incur out of pocket expenses (including but not limited to, out-of-town travel and lodging) which are above City Council Regular Meeting - Page 490 of 582
2 and beyond the ordinary expenses associated wit h performance of this Agreement, Consultant shall be entitled to reimbursement of such expenses. Consultant shall only be reimbursed for those expenses which: (I) appear on Consultant’s monthly invoices; (II) are accompanied by a copy of the City’s written authorization for Consultant to incur such expenses; and (III) receipts documenting such expenses.
4. General Terms and Conditions. The General Terms and Conditions set forth in Exhibit B, and the SaaS Agreement Terms and Conditions included in Exhibit A, are incorporated as part of this Agreement. In the event of any inconsistency between the General Terms and Conditions and any other exhibit to this Agreement, the General Terms and Conditions shall control unless it is clear from the context that both p arties intend the provisions of the other exhibit(s) to control.
5. Addresses.
City of Lynwood
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Attn: Ernie Hernandez, City Manager
Company
Edgesoft, Inc.
Attn: [Insert Contact Name]
6. Exhibits. All exhibits referred to in this Agreement are listed here and are incorporated and made part of this Agreement by this reference.
Exhibit A – Scope of Services and Compensation Schedule Exhibit B – General Terms and Conditions
SIGNATURES ON FOLLOWING PAGE
City Council Regular Meeting - Page 491 of 582
3 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below.
CITY
CITY OF LYNWOOD
By: ______________________________ ______________________ Oscar Flores, Mayor Date
CONSULTANT
[Insert Consultant Name]
By: _______________________________ ________________________ [EdgeSoft, Inc] Date
ATTEST:
By: ______________________________ ________________________ Maria Quinonez, City Clerk Date
APPROVED AS TO FORM:
By: ______________________________ ________________________ Noel Tapia, City Attorney Date
City Council Regular Meeting - Page 492 of 582
1 EXHIBIT A
SCOPE OF WORK
City Council Regular Meeting - Page 493 of 582
1 EXHIBIT B
GENERAL TERMS AND CONDITIONS
1. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of the City of Lynwood or otherwise act on behalf of Lynwood as an agent. Neither the City of Lynwood nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City of Lynwood.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interests asserted against City by reason of the independent Consultant relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent status of Consultant and the audit in any way fails to sustain the validity of a wholly independent Consultant relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant’s employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 1.
D. Consultant represents to the City, and City relies on Consultant’s representations, that Consultant shall serve solely in the capacity of an independent contractor to the City. Neither the City nor any of its agents will have control over the conduct of Consultant or any of Consultant’s employees, except as otherwise set forth in the Agreement. Consultant may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. The City has no duty, obligation, or responsibility to the Consultant’s agents or employees, including the Affordable Care Act coverage requirements. Consultant is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents an d employees under the Affordable Care Act with respect to Consultant’s agents and employees. Consultant warrants and represents that the City will not be responsible and will not be held liable for issues related to Consultant’s status as an independent contractor, including Consultant’s failure to comply with Consultant’s duties, obligations, and responsibilities under the Affordable Care Act.
Consultant further agrees to defend, indemnify, and hold the City harmless for any and City Council Regular Meeting - Page 494 of 582
2 all taxes, claims, and penalties against the City related to Consultant’s obligations under the Affordable Care Act.
2. Standard of Performance
Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or his/her designee. No additional or different tasks or services shall be performed by Consultant other than those specified in Exhibit A.
3. Indemnification.
A. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform said services and duties.
B. City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnities") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, defend, protect and hold harmless Indemnities from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which Indemnities may suffer or incur or to which Indemnities may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or other loss occurring as a result of or allegedly caused by Consultant’s performance of or failure to perform any services under this Agreement or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, subcontractor, sub consultant or employees, committed in performing any of the services under this Agreement. Notwithstanding the foregoing, the provisions of this subsection shall not apply to Claims occurring as a result of the City’s sole negligence or willful acts or omissions.
C. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, sub consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required in this Section, Consultant agrees to be fully responsible according to the terms of this Section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on City and will in no way serve as a waiver of any rights hereunder. This obligation to indemnify and defend Indemnities as set forth herein shall survive the termination of this Agreem ent and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to City.
City Council Regular Meeting - Page 495 of 582
3 4. Insurance.
A. Without limiting Consultant’s indemnification of Indemnities pursuant to Section 3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement the types and amounts of insurance as described below:
(I) Consultant shall maintain Commercial General Liability Insurance with coverage at least as broad as Insurance Services Office Commercial General Liability Form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(II) Consultant shall maintain Business Auto Coverage on ISO Business Auto Coverage Form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(III) Consultant shall maintain Workers’ Compensation I nsurance (Statutory Limits) and Employer’s Liability Insurance with on a state approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for all covered losses;
(IV) Consultant shall maintain Professional Liability or Errors and Omissions Insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate.
Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
B. City, its officers, officials, employees and volunteers shall be named as additional insureds on the policy(ies) as to commercial general liability and automotive liability.
C. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
City Council Regular Meeting - Page 496 of 582
4 D. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to CITY via certified mail, return receipt requested, addressed to “Director of Human Resources & Risk Mana gement,” City of Lynwood, 11330 Bullis Road, Lynwood, California, 90262. Consultant agrees that it will not cancel, reduce or otherwise modify said insurance coverage.
E. Consultant shall submit to City (I) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and ( II) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City’s appropriate standard forms entitled "Additional Insured Endorsement".
F. Consultant’s insurance shall be primary as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees and volunteers shall be excess of Consultant’s insurance and shall not contribute with it.
G. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost. City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant’s and the cost of such insurance may be deducted, at the option of City, from payments due Consultant.
5. Release of Information/Confidentiality.
A. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. Consultant’s covenant under this section shall survive the termination of this Agreement.
B. Consultant shall promptly notify City should Consultant, its officers, City Council Regular Meeting - Page 497 of 582
5 employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, inte rrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder. City retains the right, but has no obli gation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response
6. Ownership of Work Product.
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such informati on required by the City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accor dance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of the City or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit the City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
7. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it.
Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary or City Council Regular Meeting - Page 498 of 582
6 otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by Consultant’s covenants under this section shall survive the termination of this Agreement.
8. Termination. Notwithstanding any other provision, this Agreement may be duly terminated at any time by the City at its sole discretion with or without cause by serving upon the consultant at least ten (10) days prior written notice (“Notice of Termination”).
Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Unless expressly agreed upon in writing by the City, the City shall not be obligated to pay for any services rendered nor any costs or expenses paid or incurred after the date of termination. The effective date of termination shall be upon the date specified in the written Notice of Termination.
Consultant agrees that in the event of such termination, Consultant must refund the City its prorated share, except for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written Notice of Termination, Consultant shall discontinue performing services, preserve the product of the services and upon payment for services, turn over to City the product of the services in accordance with written instructions of City.
In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City.
9. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.
Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises.
10. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by City Council Regular Meeting - Page 499 of 582
7 or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.
11. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant obligations hereunder, without the prior written consent of City, and any attempt by Consultant to assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.
12. Performance Evaluation. For any Agreement in effect for twelve months or longer, the City Manager may require a written annual administrative performance evaluation within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein.
13. Compliance with Laws. Consultant shall keep itself informed of State, Federal and Local laws, ordinances, codes and regulations which in any mann er affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. Consultant shall at all times comply with such laws, ordinances, codes and regulations. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.
14. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect all licenses (including a City business license) required of it by law for performance of the services hereunder.
15. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.
16. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this City Council Regular Meeting - Page 500 of 582
8 Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and Consultant.
17. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Consultant regular business hours or by facsimile before or during Consultant regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreeme nt, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.
18. Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the Part ies in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. However, the Parties may agree to submit any dispute to non-binding arbitration.
19. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.
20. Severability. If any provision or any part of any provision of this Agreement is found to be invalid or unenforceable, the balance of this Agreement shall remain in full force and effect.
21. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the Mayor and attested by the City Clerk.
22. Authority. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
23. Force Majeure. A Party’s performance of any obligation under this Agreement shall be suspended if, and to the extent that, the Party is unable to perform because of any event of Force Majeure. In any such event, the Party unable to perform shall be required to resume performance of its obligations under this Agreement upon the termination of the event or cause that excused performance hereunder. “Force Majeure” herein means an event which is beyond the reasonable control of a Party, City Council Regular Meeting - Page 501 of 582
9 including without limitation, (a) acts of God including flood, fire, earthquake, hurricane or explosion, pandemic; (b) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (c) government order or law that prevents either Party from performing its obligations as set forth in this Agreement; (d) actions, embargoes or blockades in effect on or after the date of this Agreement; (e) action by any governmental authority that prevents either Party from performing its obligations as set fort h in this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances, other than those involving the affected parties employees; (h) shortage of adequate power or transportation facilities.
Neither Party shall be liable for any delay or default in, or failure of, performance resulting from or arising out of any Force Majeure event, and no such delay, default in, or failure of performance shall constitute a breach by either Party hereunder. Where a Force Majeure event gives rise to a failure or delay in either Party performing its obligations under this Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure event. A Party who becomes aware of a Force Majeure event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this Agreement, will forthwith notify the other and inform the other of the period for which it is estimated that such failure or delay will continue. The affected Party shall take reasonable steps to mitigate the effects of the Force Majeure event.
City Council Regular Meeting - Page 502 of 582
1 ATTN: Peter Han, Directory of Technology Services
Response to PERMIT MANAGEMENT SOLUTION AND SERVICES #CD22-04-25 RFP
EdgeSoft Inc.
1600 Rosecrans Ave
Media Center, 4th Floor
Manhattan Beach, CA 90266
(310) 321-7658
City Council Regular Meeting - Page 503 of 582
2 May 1, 2022
Peter Han, Directory of Technology Services
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Dear Peter Han,
EdgeSoft is pleased to submit this proposal in response to city of Lynwood’s RFP to Implement a Permit Management System with the required services for a successful deployment of the solution.
Based in Manhattan Beach California, EdgeSoft has been committed to providing best-in-class, city government enterprise solutions since 1997 to different sized cities including local municipalities in Southern California such as the city of Beverly Hills (21 years), city of Burbank (17 years), city of Glendale (15 years) and city of San Fernando (15 years).
In late 2021 the City of Norwalk, CA selected EdgeSoft among twenty-one vendors through extensive selection process.
In 2001, EdgeSoft forged a vendor-relationship with the city of Beverly Hills that recognized our diverse experience as a strong potential for satisfying their municipal software needs. In addition, EdgeSoft was honored by the California League of Cities with the Helen Putnam Award for our city of Beverly Hills implementation for improving efficiency and inter departmental coordination.
EdgeSoft’s Enterprise Permitting System, ePALS™ is our next generation comprehensive SaaS platform designed and implemented to be easy to learn, efficient and effective. ePALS™ will manage data and workflows related to a variety of permits for the primary use of Development Services within, but not limited to, Planning, Building, Code Enforcement and business license Divisions. Each module of our system is an easy add-on for various department needs and well documented for integration with other systems.
Our value proposition to City of Lynwood:
EdgeSoft is a Southern California-based technology solutions company and has experience in implementing smaller projects up to complex/large municipalities like Beverly Hills, Burbank, and Glendale.
Our ePALS platform will fully address City’s plan submittal, processing, permitting, reports, workflow management, mapping, code enforcement, complaint management, and record management requirements with outmost ease, speed, and elegance. EdgeSoft’s unique global navigation and reporting called SAIRA can retrieve data and records instantly across all systems. SAIRA’s already built-in information sharing provides on-the-fly project statues and next step directives to all city departments, customers, and citizens.
City Council Regular Meeting - Page 504 of 582
3 We believe our team at EdgeSoft will have remarkable success with your project due to our Best Practices developed in years of digitizing paper-based or offline systems. We are the experts when it comes to working with similar sized cities like Lynwood. EdgeSoft’s Permitting System is currently in full operation in cities with similar scope and size to Lynwood. EdgeSoft system is DSS/PCI compliant.
User adoption: Data sharing, transparency, and ease of use, will speed up the user buy in.
EdgeSoft will diligently work with the city to promote a large-scale user adoption in shortest time possible. Please see below the sample of educational videos we helped in partnership with City of Glendale:
https://www.youtube.com/watch?v=Bcx8Xefxbzw&ab_channel=MyGlendale https://www.youtube.com/watch?v=spKLr9KhuV0&ab_channel=MyGlendale
EdgeSoft will perform the services and adhere to the requirements described in the RFP. There are no subcontractors working on this project. This proposal will remain valid for 120 days from the date of submission of this proposal. EdgeSoft will perform all work for the city of Lynwood free of any conflict of interest.
Our ePALS solution offered in this proposal is a SaaS platform solution, browser based and mobile compliant so it will not burden city’s servers, computing hardware or IT infostructure.
On behalf of the EdgeSoft team, we are excited to work with the city of Lynwood on this important project.
If you have any questions or concerns, please contact me directly.
Thank you,
City Council Regular Meeting - Page 505 of 582
4 Table of Contents
Section 1. Executive Summary ................................................................................................ 5 Section 2. EdgeSoft’s Background .......................................................................................... 8
2.1 Brief Description ................................ ................................ ................................ ......................8
2.2 EdgeSoft’s Longevity ................................ ................................ ................................ .................8
2.3 EdgeSoft’s Headquarters ................................ ................................ ................................ ..........8
2.4 City of Lynwood ’s Implementation Teams Office ................................ ................................ ......8
2.5 EdgeSoft’s Main Point of Contact ................................ ................................ .............................. 8 Section 3. EdgeSoft’s Qualifications ....................................................................................... 9
3.1 EdgeSoft’s Qualifications ................................ ................................ ................................ ..........9
3.2 EdgeSoft’s Clients ................................ ................................ ................................ .....................9 Section 4. References ........................................................................................................... 10 Section 5. Proposed Solution ................................................................................................ 12
5.1 ePALS™ Description ................................ ................................ ................................ ................ 12
5.2. Process Improvements and Adjustments ................................ ................................ ................ 13
5.3 Investment Proposal ................................ ................................ ................................ .............. 14
6.0 Support, Maintenance and Software Releases ................................ ................................ ......... 15
6.1 On-Going Maintenance and Support ................................ ................................ ....................... 15 LRP 1 ................................ ................................ ................................ ................................ ........... 16 LRP 2 ................................ ................................ ................................ ................................ ........... 17 LRP 3 ................................ ................................ ................................ ................................ ........... 17 LRP 4 ................................ ................................ ................................ ................................ ........... 17 Section 9. Agreements ......................................................................................................... 19
City Council Regular Meeting - Page 506 of 582
5 Section 1. Executive Summary
After a thorough review of all the requirements outlined in the RFP, EdgeSoft is confident that our solution will exceed the expectations of the city of Lynwood for the Enterprise Permitting System and the integration with the Bluebeam Plan Review system.
EdgeSoft is proposing ePALS™ Permitting System, which is an important module of our comprehensive Land Management, Permitting and Licensing Suite (see diagram below). Lynwood may consider a phased approach for implementing the remaining modules as needed in the future. EdgeSoft is glad to offer the city an unlimited user licensing to eliminate the need to manage the number of staff needed to perform their job effectively. ePALS™ is tailored for simplicity, wherein the configuration is simple, flexible, and easy to set across different entities, department needs related to a city’s processes and public usage.
Key features include:
A location centric dashboard to see permits, cases, and all other regulatory matters using our proprietary LSO concept.
Ease of information sharing between departments.
Single points of data entry.
Extensive audit trails.
Convenient view for the full life cycle of all the permits and projects.
ePALS™ includes a business intelligence tool, SAIRA Analytics. SAIRA Analytics is a pure power search mechanism with expandable capabilities for displaying filtered real-time reports. Its power lies in its ability to turn filtered search results into analytics and intelligence instantly. Users can gain greater insight from better understanding their data. SAIRA also allows users to schedule and share real-time City Council Regular Meeting - Page 507 of 582
6 reports through its unique bookmarking functionality. It comes preconfigured for community development departments.
Our web-based software is completely built with REST API. ePALS™ supports JSON format and easy integrations with third-party providers for all the needs related to the system, including ERP, digital plan review, mobile, GIS, IVR, and Laserfiche.
EdgeSoft has a solid history of implementing projects for Fortune 500 companies. Private sector experience includes Baxter, Hyundai, MGM, Gateway and the Los Angeles County Registrar Recorder’s Office. This makes EdgeSoft a unique company by bringing best practices from private industry to municipal government.
EdgeSoft and City of Lynwood partnership:
EdgeSoft is a local, Southern California-based technology solutions company and has experience in implementing projects to a complex/large population (up to two million) like cities of Beverly Hills, Burbank, and Glendale
EdgeSoft system is DSS/PCI compliant
EdgeSoft’s Community Portal provides a “Virtual City Hall”, most if not all transaction can be conducted electronically using this dynamic portal.
EdgeSoft’s unique global navigation called SAIRA Analytics can retrieve data and records instantly across all systems, including legacy and additional systems which will be added. SAIRA enables google like searches with facetted filtering, robust reporting, and instant transparency. EdgeSoft has experience integrating with Tyler systems. ePALS™ runs on Amazon Web Services (AWS) cloud which provides the highest level of security required for government entities.
Depending on the city’s selection, EdgeSoft has options for both an on-premises or a cloud- based solution with applicable pricing for both options. This Proposal is for Cloud based solution. User Buy-In: With data sharing, transparency, and ease of use, the user buy in becomes possible.
We also understand Northwind effect, low hanging fruit concept to make immediate impact so other departments will want to join.
EdgeSoft has received numerous awards, testimonials, and endorsements from customers. The following is a 2018 testimonial from Michael Flad, City Manager for the city of South Gate:
“The software we select will have massive impact on the city’s most vital, daily operations for many years to come. Choosing the best fit software system is critically important as it will determine the ability to transform citizen services and community engagement. In targeting productivity and transparency, partnering with proven solutions providers like EdgeSoft guarantees a positive outcome.”
“EdgeSoft focuses on online, accessible citizen services as well as interdepartmental transparency and collaboration. These objectives drive citizen engagement, internal efficiency, and cohesive operations to optimize growth.” City Council Regular Meeting - Page 508 of 582
7 - Michael Flad, City Manager
The League of California Cities granted the prestigious Helen Putnam Award for Excellence to the City of Beverly Hills for its implementation of EdgeSoft’s ePALS™.
City Council Regular Meeting - Page 509 of 582
8 Section 2. EdgeSoft’s Background
2.1 Brief Description
EdgeSoft was founded in 1997 as a California corporation. It has been servicing cities like the City of Lynwood and their services required for more than 20 years.
EdgeSoft has a solid history of implementing projects for Fortune 500 companies. Private sector experience includes Baxter, Hyundai, MGM, Gateway, and the Los Angeles County Registrar Recorder’s Office. This makes EdgeSoft a unique company by bringing best practices from private industry to municipal government.
In 2001, EdgeSoft forged a vendor-partnership with the city of Beverly Hills that recognized our diverse experience as a strong potential for satisfying their municipal software needs. The City of Beverly Hills pledge was to be the gold standard in citizen engagement and technology. EdgeSoft built the product which made great strides in breaking down silos of exclusive information within the city of Beverly Hills.
In addition, EdgeSoft was honored by the California League of Cities with the Helen Putnam Award for our city of Beverly Hills implementation.
From this experience, EdgeSoft has dedicated itself to the government sector, creating land management software that provides autonomy for cities and requires minimal IT involvement and support. As a California-based permitting, land management software, and implementation services company, EdgeSoft has been recognized as a leader in government software. Examples of our California Permitting System customers are the cities of Burbank, Cudahy, Glendale, San Fernando, South Gate and Norwalk.
2.2 EdgeSoft’s Longevity
EdgeSoft is a privately held California Corporation. It is not a subsidiary of any other company. EdgeSoft has been in business for 23 years and has been serving like the city of Lynwood for the last 20 years.
2.3 EdgeSoft’s Headquarters
EdgeSoft is headquartered in Manhattan Beach, California.
2.4 City of Lynwood ’s Implementation Teams Office
EdgeSoft team that will service the City of Lynwood will be in Manhattan Beach, California.
2.5 EdgeSoft’s Main Point of Contact
City Council Regular Meeting - Page 510 of 582
9 Section 3. EdgeSoft’s Qualifications
3.1 EdgeSoft’s Qualifications
EdgeSoft brings decades of experience streamlining the business processes of some of the leading cities across the US and other countries, with populations ranging between 10,000 to 650,000. EdgeSoft is one of the certified vendors of CERS and cities like Fremont use EdgeSoft’s CERS and occupancy Inspection modules for Fire Department.
EdgeSoft and City of Lynwood partnership:
EdgeSoft is a local California-based technology solutions company with satisfied government clients utilizing the proposed system.
EdgeSoft has had an experience with data migration with all current technology-based systems. EdgeSoft Inc has integrated Tyler Eden Financial and ESRI GIS ePALS™ is PCI/DSS compliant.
A product with a user interface that can provide a common screen for occasional users, such as management and city council personnel, which brings all applications together with a common touch and feel, regardless of vendor or product.
A company with a focused approach to the customer service and implementation that is documented by the best practices and experiences of nearby city governments.
3.2 EdgeSoft’s Clients
The following section highlights our exposure and expertise in execution and deployment of similar or more complex projects, eight (8) of the cities are in California:
City of Beverly Hills, CA
City of Burbank, CA
City of Cudahy, CA
City of Fremont, CA
City of Glendale, CA
City of Indio, CA
City of San Fernando, CA
City of South Gate, CA
City of Norwalk, CA
City of Albuquerque, NM
City of Kyle, TX
Town of Colchester, VT
Bidhannagar, India
Asansol, India
City Council Regular Meeting - Page 511 of 582
10 Section 4. References
Reference 1
Name of Government: City of Burbank
Address: 275 E Olive Ave. Burbank, CA 91502
Phone: 818-551-3024
Government Project Manager: Kevin Woodruff | Project Manager Email: [email protected]
Project Duration: 2005 to Present
Software Program/Version: ePALS™ 4
Summary of Project: Building Permits, Business License, Business Tax, Code Enforcement, Housing, Parking, Planning, Public Portal, Public Works, SAIRA Analytics Agency’s Operating Budget: $648 M
Number of Agency Employees: 1250
Implementation Date: 2005
Implementation Services: $1.45 M
Reference 2
Name of Government: City of Beverly Hills
Address: 455 N Rexford Dr. Beverly Hills, CA 90210
Phone: 310-285-1000
Government Project Manager: Alain Romero | Business Information Systems Admin Email: [email protected]
Project Duration: 2001 to Present
Software Program/Version: ePALS™ 4
Summary of Project: Building Permits, Code Enforcement, Fire Inspections, Planning, Public Portal, Parking Permits, Property Portal, Public Works, SAIRA Analytics Agency’s Operating Budget: $508 M
Number of Agency Employees: 1036
Implementation Date: 2001
Implementation Services: $1.4 M
City Council Regular Meeting - Page 512 of 582
11 Reference 3
Name of Government: City of San Fernando
Address: 117 Macneil Street, San Fernando, CA 91340
Phone: 818-898-7316
Government Project Manager: Gerardo Marquez | Associate Planner Email: [email protected]
Project Duration: 2007 to Present
Software Program/Version: ePALS™ 4
Summary of Project: Building Permits, Code Enforcement, Planning, Public Works, Citizen Access Portal, SAIRA Analytics
Agency’s Operating Budget: $20 M
Number of Agency Employees: 165
Implementation Date: 2007
Implementation Services: $360 K
Reference 4
Name of Government: City of Glendale
Address : 141 N Glendale Ave. Glendale, CA 91206
Phone: 818—551-3024
Government Project Manager: Hagop Hovsepian | IS Applications Manager Email: [email protected]
Project Duration: 2007 to Present
Software Program/Version: ePALS™ 4
Summary of Project: Business License, Building Permits, Code Enforcement, Fire Inspections, Fire Hazmat Permits, Fire Permits, Planning, Public Portal, Public Works, SAIRA Analytics
Agency’s Operating Budget: $887 M
Number of Agency Employees: 1997
Implementation Date: 2007
Implementation Services: $1.4M
City Council Regular Meeting - Page 513 of 582
12 Section 5. Proposed Solution
5.1 ePALS™ Description
Per the city of Lynwood’s requirements for the digital permitting system functionality, EdgeSoft has presented the following overview of what we will be proposing:
The City of Lynwood’s objectives will be met through ePALS Permitting Modules. Key features requested include Dashboards, Flexibility in permit creation (Online and Counter) and workflows. To further illustrate and provide additional explanations of each we have added a brief description below each objective:
We are proposing ePALS version 5.0.
ePALS is being used by five operational installations. Improve customer service responsiveness and accountability with the city of Lynwood’s Technology Standards.
Provides Strategic Alignment
- EdgeSoft provides the ability to relocate resources based on project, increase communication via real time updates to provide the City of Lynwood strategic alignment in its overall vision and goals
Provide transparency and robust reporting for the City of Lynwood. - Through our eGov Portal and SAIRA search engine data can be retrieved and or researched. This tool comes at no additional cost to the city nor its citizens. Improve data integrity.
- ePALS single data base for all business units maintains the single version and allows for ongoing security via AWS.
Reduce staff hours spent on processing applications and researching case data. - A single system as single data base leveraging SAIRA ensures direct and easy access to finding any data based on any search command and/or parameters. Provide industry standard “Commercial Off the Shelf” solution. - With over 20 years of successful implementations of various size agencies, EdgeSoft implementation and project management process is based on a culmination of our client’s deployment successes which resulted in a repeatable professional services process.
Implement a complete software application solution that provides full functionality in a single integrated solution.
EdgeSoft is proposing ePALS™, our Enterprise Permitting System. IT provides for unlimited users internally and externally. ePALS™ is tailored for simplicity, wherein the configuration is simple, flexible, and easy to set across different entities, department needs related to a city’s processes and public usage.
City Council Regular Meeting - Page 514 of 582
13 ePALS™ includes a business intelligence tool branded, SAIRA, Search. Analyze. Inform. Report. Act, a pure power search mechanism with expandable capabilities for displaying filtered real-time reports Its power lies in its ability to turn filtered search results into analytics and intelligence instantly. Users can gain greater insight from better understanding their data. SAIRA also allows users to schedule and share real-time reports through its unique bookmarking functionality. It comes preconfigured for community development departments.
5.2. Process Improvements and Adjustments
Our business intelligent tool, SAIRA, is a pure power search mechanism with expandable capabilities for displaying filtered real-time reports. Its power lies in its ability to turn your filtered search results into analytics and intelligence instantly. Users can gain greater insight from better understanding their data.
SAIRA also allows users to schedule and share real-time reports through its unique bookmarking functionality, it comes preconfigured for community development departments.
Permits – centralized permitting module that serves as the primary data entry and management tool for numerous permit types, allowing for cross-referencing of departmental databases. It includes custom interfaces based on departmental and permit requirements. The permitting process in ePALS™ is accomplished in the context of projects, sub-projects, and activity. The project encompasses all the departmental sub-projects that are required for the entire scope of the project. The sub-project represents all the activities that are being done at the departmental level for the project. Each sub- project can have multiple activities for the various related permits that are required. The users should be able to quickly and easily view all the various things going on at project level and then drill-down to each activity to enter or view the information.
Notes/Comments – To add staff notes capture external user comments
Inspections – the ePALS™ housing and construction inspection module provides the ability to schedule and maintain the history of inspections related to each activity. The inspection module allows users to schedule and track inspections based the permit type. It provides the abilities to create all the different inspection types that are associated with a permit, whether it is housing or construction. It allows the City Council Regular Meeting - Page 515 of 582
14 users to schedule inspections for current and future activities. It provides inspectors the ability to print field inspection reports which gives a complete history of the place to be inspected.
5.3 Investment Proposal
City Council Regular Meeting - Page 516 of 582
15 6.0 Support, Maintenance and Software Releases
6.1 On-Going Maintenance and Support
EdgeSoft offers the following post-implementation and on-going support:
Post-implementation support (e.g., one month of support after Go-Live, support during initial run of budget module, optional “as-needed” support (7 days a week)) Telephone support
Special plans defining levels of customer support (e.g., high priority, mid priority, and low priority)
EdgeSoft will provide upgrades and future enhancements. If there are any anticipated mid-implementation upgrades, the estimated level of effort and related pricing must be included
Help desk, problem reporting and resolution procedures Bug fixes and patches
Support provided for third-party solutions
Other support (e.g., on-site, remote dial-in, website access to patches, fixes and knowledge base)
Support Procedure for City of Lynwood:
1. Issue reporting.
i. If problem occurs from 8:00 AM to 5:00 PM Pacific Standard Time, please send e-mail to and/or place call to EdgeSoft at:
E-mail: [email protected]
Support: (310) 321-7658
ii. If problem occurs between 5:00 PM to 8:00 AM Pacific Standard Time, Monday through Friday, or anytime during weekends or holidays, please send e-mail to:
E-mail: [email protected]
Note: Contact information will be provided, when after hours and/or weekends and holidays scheduled (planned) services are required.
2. Once EdgeSoft receives the e-mail and/or call, the following will occur:
i. Incident will be logged for tracking purposes.
ii. Incident will be assigned to an EdgeSoft Support Associate. iii. Support Reference Number will be sent to the designated Lynwood staff.
3. EdgeSoft Support Associate will work with Lynwood to resolve the issue.
4. Upon resolution, narrative detail of problem and resolution will be sent via e-mail, to Lynwood
5. Issue will be closed.
City Council Regular Meeting - Page 517 of 582
16 Application Release Management
Figure above illustrates basic steps that constitute release management process.
Customer Releases
ePALS release numbers are formatted as A.B.C
A = Major Release
B = Minor Release
C = Bug fix release
Major Release: This release occurs when EdgeSoft adds a major feature/module to the product. This release generally occurs once a year or once in 2 years.
Minor Release: This release occurs when EdgeSoft adds a minor feature/functionality to the product.
This release generally occurs once in a quarter.
Bug Fix Release: This release occurs when EdgeSoft development team fixes a bug in response to JIRA request and this release occurs as and when needed and released (generally monthly) from the team.
Level of Reported Problem (LRP) and Escalation
LRP 1
An LRP 1 call takes the highest priority at EdgeSoft. An LRP 1 call is classified as an urgent call from the Client, whereby the production and operation of the system is reported as completely down. It is reported when the Client needs immediate attention from EdgeSoft.
When an LRP 1 call is placed to EdgeSoft, the dispatch operator will immediately contact and notify the appropriate Support Associate. The Support Associate, or Support Manager, will contact the Client to determine the severity, cause and/or possible options. The Support Manager will then determine what resources and expertise are required and will expedite resolution as quickly as possible. The Support Manager will closely monitor and manage the resources until the LRP 1 call is completely resolved.
It is important that the Client understands that an LRP 1 call takes the highest priority from all personnel at EdgeSoft. Therefore, the Client must be conscientious when placing an LRP 1 call. LRP 1 calls are generally associated with major problems with the production system.
City Council Regular Meeting - Page 518 of 582
17 LRP 2
An LRP 2 call is defined as a priority call and is classified as urgent, but not critical. A typical LRP 2 call is when the application/system is operational; however, one of the business processes is inoperable.
During an LRP 2 call, the dispatch operator will immediately contact the appropriate Support Associate.
The Support Associate will attempt to resolve the problem via remote communications to the Client’s server.
LRP 3
An LRP 3 call is defined as a client experiencing an application problem and requires attention from EdgeSoft.
LRP 4
An LRP 4 call is defined as a client having an application question.
EdgeSoft experience proves that its proposed methodology is effective, when certain project expectations are met, and risks and identified. The expectations are:
The City of Lynwood will provide appropriate resources for testing patches and releases. The City of Lynwood needs to make decisions in a timely manner based on project decision- making process.
Patches/Releases will be reviewed and accepted by the City of Lynwood within the allocated number of days in the project schedule. Patches/Releases not accepted by the City of Lynwood will be returned to EdgeSoft with the specific changes, in writing, which the City of Lynwood requires to accept.
Patches/Releases will be reviewed for functionality, scope, best practices, and completeness.
City Council Regular Meeting - Page 519 of 582
18 Page Left Blank Intentionally
City Council Regular Meeting - Page 520 of 582
19 Section 9. Agreements
EdgeSoft SOFTWARE AS A SERVICE AGREEMENT
This SOFTWARE AS A SERVICE AGREEMENT (hereinafter SaaS Agreement) is made as of the Agreement Date (the “Effective Date”) set forth in the SAAS AGREEMENT TERMS AND CONDITIONS attached hereto and part of this SaaS Agreement by and between EdgeSoft, a California corporation, with principal offices located at 1600 Rosecra ns Ave, Media Center, 4th Floor, Manhattan Beach, CA 90266, USA (hereinafter EDGESOFT) and the City of Lynwood (hereinafter CUSTOMER). EDGESOFT and CUSTOMER are each also referred to herein as a “Party” and collectively as the “Parties”.
Whereas CUSTOMER desires to use, and EDGESOFT’s software as a service described in this SaaS Agreement. Therefore, in consideration of the mutual duties and obligation set forth herein, the Parties hereby mutually agree to the terms and conditions as provided in this SaaS Agreement.
Term of agreement effective for 5 years from contract signing date with one year optional extension of subscription.
EDGESOFT AND CUSTOMER HAVE EACH READ AND AGREE TO BE LEGALLY BOUND BY THE
EDGESOFT SAAS AGREEMENT TERMS AND CONDITIONS WHICH IS INCORPORATED
FULLY INTO THIS SAAS AGREEMENT, AND HAVE CAUSED THIS SAAS AGREEMENT TO BE EXECUTED BY THEIR DULY AUTHORIZED REPRESENTATIVES BELOW.
AS TO:
CUSTOMER NAME HERE
AS TO:
EdgeSoft, Inc.
Signature Date Signature Date
Printed Name Printed Name
Title Title
City Council Regular Meeting - Page 521 of 582
1600 Rosecrans Ave. Media Center, 4th Floor Manhattan Beach, CA 90266 Page 20 www.EdgeSoftinc.com
SAAS AGREEMENT TERMS AND CONDITIONS
CUSTOMER has purchased a Software As A
Service Subscription whereby CUSTOMER
is authorized to access Software provided
by EDGESOFT (hereinafter EdgeSoft
Software) to interact with CUSTOMER Data
via an HTTP Web browser connection over
the Internet. All CUSTOMER Data is, and
shall at all times remain, the sole and
exclusive property of CUSTOMER . All
Software provided is, and shall remain at
all times, the sole and exclusive property
of EDGESOFT.
Software As A Service (SaaS) Subscription:
EDGESOFT hereby grants to CUSTOMER a
limited, nonexclusive, nontransferable
subscription to access EdgeSoft® Software and
CUSTOMER Data as hosted by EdgeSoft in
compliance with this Agreement. Access shall be
limited to the number of concurrent users and
modules as defined by the SaaS Agreement
Addendum for the principal business or
municipal purposes of CUSTOMER only.
CUSTOMER Data includes EdgeSoft® database
files, CUSTO MER database files, and all other
electronic data stored on EDGESOFT computers
for use by the CUSTOMER with the EdgeSoft®
Software. Amount of CUSTOMER Data to be
stored shall be measured in bytes and be limited
to the amount of disk space provided in the
SaaS Agreement Addendum as attached hereto.
Procedures by which CUSTOMER may store and
access CUSTOMER Data shall be limited to the
use of the EdgeSoft® Software or as updated by
any written Addendums hereto.
EdgeSoft® Software: EdgeSoft® Software as
listed on the SaaS Agreement Addendum shall
be maintained in an operational state by
EDGESOFT. Software shall be made available to
CUSTOMER via an HTTP Web browser access
over the Internet. CUSTOMER’s use of any
EdgeSoft® Software shall comply with the terms
and conditions as stated within this agreement.
Invoicing and Payment: CUSTOMER shall be
invoiced by EDGESOFT. CUSTOMER shall be
invoiced monthly OR annually in advance for
delivery of the SaaS Subscription in accordance
with this Agreeme nt for a fee outlined in SaaS
Agreement Addendum. CUSTOMER agrees to
pay all fees on a net 30 days from invoice date.
CUSTOMER agrees that in no event and under
no circumstances shall terms set forth in
purchase orders take precedence over the
terms and co nditions of this Agreement, the
terms of which may be modified only by the
mutual written consent of both Parties. All Costs
of shipping and insurance, if applicable, shall be
paid and borne by CUSTOMER. Prices do not
include federal, state or local taxes , excise
taxes, tariffs or duties. CUSTOMER agrees to
pay all such taxes or to reimburse EDGESOFT
for such taxes that EDGESOFT may be required
to pay.
Overdue Fees: If any fees are not received
from CUSTOMER by the due date, then at
EDGESOFT’ discretion, such fees may accrue
late interest at the rate of 1.5% of the
outstanding balance per month, or the
maximum rate permitted by law, whichever is
lower, from the date such payment was due
until the date paid.
Suspension of Service: If any amount owed
by CUSTOMER under this Agreement is 30 or
more days overdue EDGESOFT may, without
limiting other rights and remedies, suspend
access to EdgeSoft® Software provided to
CUSTOMER until such amounts are paid in full.
EDGESOFT will give CUSTOMER at least 7 days’
prior notice when the account is overdue, before
suspending services to CUSTOMER.
Payment Disputes: EDGESOFT shall not
exercise rights to suspend services if
CUSTOMER is disputing the applicable fees
reasonably and in good faith and is cooperating
diligently to resolve the dispute.
Availability of Service: EDGESOFT will use
commercially reasonable efforts during our
normal hours of operation (8 A.M. to 5 P.M.
Pacific Time excluding weekends and Federal
holidays) to make EdgeSoft® Software and
CUSTOMER Data available twenty-four hours a
day , seven days a week including holidays
except for (a) any unavailability caused by
circumstances beyond reasonable control of
EDGESOFT, including without limitation, acts of
God, acts of government, floods, fires,
earthquakes, civil unrest, acts of terror, Internet
service provider failures or delays, or denial of
service attacks, and (b) planned down time of
which EDGESOFT will attempt to notify notify
CUSTOMER a minimum of four (4) business
days in advance of said activit y. CUSTOMER is
entitled to 10% of credit for any
unplanned/unscheduled outage.
CUSTOMER is solely responsible for establishing
and maintaining its own computer equipment
City Council Regular Meeting - Page 522 of 582
Proposal for Land Management System and Implementation Services EdgeSoft Inc. 21 and connection(s) to the Internet and all fees
associated with said connection(s) independent
of EDGESOFT. In no event shall EDGESOFT be
liable to anyone for any damages to
CUSTOMER’s Internet connection(s) or
computer equipment, whether in contract or
tort (including negligence), including but not
limited to direct, consequential, specia l,
exemplary, collateral, incidental and indirect
damages, arising out of or in connection with
this SaaS Agreement or the use, the results of
use, or the inability to use the Internet
connection(s) or computer equipment.
Technical Support: Technical Support services
are provided to CUSTOMER.
Technical Support services provided to
CUSTOMER are included in the SaaS
Subscription in accordance with the terms of the
Technical Support Addendum. Such services
are subject to the timely payment of the
applicable monthly fee as set forth in the SaaS
Agreement. Unless otherwise provided in
writing by EDGESOFT, technical support is
available from 8:00am to 5:00pm, Pacific Time,
on all weekdays (M -F) other than Federal
holidays. EDGESOFT support shall include
answering questions from CUSTOMER over the
telephone or e-mail.
EdgeSoft Software Maintenance: Periodic
updates and upgrades shall be made to the
EdgeSoft® Software and/or operating
environment by EDGESOFT. Commercial
release by one or any related software products,
or related technologies will not constitute
updates or upgrades to EdgeSoft® Software.
EDGESOFT reserves the right to select any such
updates and/or upgrades to be implemented.
Access to such up dates and upgrades will be
granted to CUSTOMER upon release by
EDGESOFT. EDGESOFT will promptly notify
CUSTOMER in writing or via email of all known
and available commercial releases, updates
and/or upgrades and proceedings related
thereto. EDGESOFT will p romptly notify
CUSTOMER in writing or via email of all known
and available commercial releases, updates
and/or upgrades and proceedings related
thereto.
CUSTOMER Data Maintenance: CUSTOMER
Data shall be provided to EDGESOFT by
CUSTOMER in a format specified by EDGESOFT.
The total amount of CUSTOMER Data is limited
to the CUSTOMER Data Amount Limit specified
on the SaaS Agreement Addendum. CUSTOMER
may request EDGESOFT to provide services to
update CUSTOMER Data per a separate
agreement between CUSTOMER and
EDGESOFT.
Intellectual Property Rights and
Restrictions: The EdgeSoft® Software, and all
components thereof and all proprietary
materials used by EDGESOFT, or delivered or
provided by EDGESOFT to CUSTOMER in the
course of this Agreement is, and shall at all
times remain, the sole and exclusive property of
EDGESOFT or its licensors, including, without
limitation, all worldwide Intellectual Property
Rights embodied in, related to, or represe nted
by, the EdgeSoft® Software or any version
thereof. “Intellectual Property Rights” means,
collectively, rights under patent, trademark,
copyright and trade secret laws, and any other
intellectual property or proprietary rights
recognized in any country or jurisdiction
worldwide, including moral rights and similar
rights.
CUSTOMER may not copy, alter, modify, adapt,
translate, or create derivative works based upon
the EdgeSoft® Software or any part of it, except
and only to the extent that such activit y is
expressly permitted by applicable law
notwithstanding this limitation. CUSTOMER may
not de-compile, reverse engineer, disassemble
or otherwise reduce the EdgeSoft Software.
CUSTOMER may not rent, lease, sublease, re -
license or otherwise make available the
EdgeSoft® Software (other than allowing access
to CUSTOMER’s data through the use of the
EdgeSoft® Software), in whole or in part, to
third parties or use the EdgeSoft® Software as
part of a commercial service bureau,
outsourcing, timesharing, or affi liate program
environment.
Confidentiality: All Parties agree to secure and
protect the Confidential Information of the other
in a manner consistent with the maintenance of
the other Party’s rights therein, using at least as
great a degree of care as it uses to maintain the
confidentiality of its own c onfidential
information of a similar nature, but in no event
use less than reasonable efforts. “Confidential
Information” means information that a
disclosing party considers to be confidential,
including but not limited to CUSTOMER Data,
business and techn ical information, marketing
plans, research, designs, plans, methods,
techniques, processes and know -how, whether
tangible or intangible and whether or not stored,
compiled or memorialized physically,
electronically, graphically or in writing.
Confidential Information shall not include
City Council Regular Meeting - Page 523 of 582
Proposal for Land Management System and Implementation Services EdgeSoft Inc. 22 information which: (i) is, or as of the time of its
disclosure or thereafter, becomes part of the
public domain through a source other than the
receiving party; (ii) was rightfully known to the
receiving party as of the time of its disclosure;
(iii) is independently developed by the receiving
party; (iv) is subsequently learned from a third
party not under a confidentiality obligation to
the disclosing party; or (v) is required to be
disclosed pursuant to a duly authorized
subpoena, court order, or government
authority, whereupon the party subject to same
shall provide prompt written notice to the other
party prior to such disclosure, so that such party
may seek a protective order or other
appropriate remedy.
Confidentiality i s subject to California
Statutes, also known as the Public Records
Law.
Indemnification: CUSTOMER agrees to
indemnify and hold harmless EDGESOFT and its
officers, directors, agents and employees from
and against any and all claims, costs, damages,
losses, liabilities and expenses (including
reasonable attorneys’ fees and costs)
attributable to CUSTOMER’s use of Software
and/or EDGESOFT SaaS Subscription infringing
patent or copyright, rights under patent,
trademark, trade secret laws, and any other
intellectual property or proprietary rights
recognized in any country or jurisdiction
worldwide, including moral rights and similar
rights.
If CUSTOMER becomes, or in CUSTOMER’s
opinion is likely to become, the subject of a
claim of infringement, CUSTOMER will cease any
infringing use of the Software and/or SaaS
Subscription. This section states the entire
liability of CUSTOMER, its affiliate and
representatives for infringement by CUSTOMER.
Disclaimer and Limitations of Liability:
EDGESOFT AND ITS LICENSORS DO NOT
REPRESENT OR WARRANT THAT (I) THE USE OF
THE SOFTWARE AND ACCESS TO CUSTOMER
DATA WILL BE UNINTERRUPTED OR ERROR
FREE OR (II) THE SOFTWARE AND ACCESS
THERETO WILL MEET CUSTOMER’S
REQUIREMENTS EXCEPT AS PROVIDED
HEREIN. THE SOFTWARE IS PROVIDED TO
CUSTOMER “AS -IS”. EDGESOFT DISCLAIM
ALL OTHER REPRESENTATIONS AND
WARRANTIES, WHETHER EXPRESS, IMPLIED
OR STATUTORY, INCLUDING WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
FEES PAID FOR THE SAAS SUBSCRIPTI ON DO
NOT INCLUDE ANY CONSIDERATION FOR
ASSUMPTION OF THE RISK AND IN NO EVENT
SHALL ANY PARTY BE LIABLE FOR ANY
EXEMPLARY, SPECIAL, INCIDENTAL, INDIRECT
OR CONSEQUENTIAL DAMAGES (INCLUDING
LOSS OF PROFIT, REVENUE, OR DATA),
ARISING OUT OF OR RELATING TO T HIS
AGREEMENT EVEN IF THE OTHER PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
POTENTIAL LOSS OR DAMAGES, OR FOR ANY
INTERRUPTION, INACCURACY, ERROR OR
OMISSION, REGARDLESS OF CAUSE, IN THE
SOFTWARE OR SAAS SUBSCRIPTION. IN NO
EVENT SHALL THE AGGREGATE LIABILITY OF
EDGESOFT EXCEED THE AMOUNT OF FEES
ACTUALLY PAID BY CUSTOMER TO EDGESOFT
AS PART OF THIS AGREEMENT.
THIS AGREEMENT PROVIDES CUSTOMER WITH
SPECIFIED LEGAL RIGHTS AND CUSTOMER MAY
HAVE OTHER RIGHTS THAT VARY FROM
JURISDICTION TO JURISDICTION. SOME
JURISDICTIONS DO NOT ALLOW THE
EXCLUSIONS OR LIMITATIONS OF
WARRANTIES, SO THE ABOVE WARRANTY,
DISCLAIMER AND LIMITATIONS OF LIABILITY
OR EXCLUSIONS MAY NOT APPLY.
Termination: The City may terminate this
Agreement, without cause, by giving the
Contractor (30) days written notice of such
termination and the effective date thereof.
Any Party may terminate this Agreement upon
written notice to the other parties if a party
materially breaches any obligation and fails to
cure such breach within thirty (30) days after
receiving notice. Any Party shall also have the
right to terminate this Agreement upon notice
to the other parties if any Party: (i) terminates
or ceases operating its business in the normal
course; (ii) becomes subject to any bankruptcy
or insolvency proceeding under Federal or state
statute; (iii) becomes insolvent or becomes
subject to direct control by a trustee, receiver
or similar authority; or (iv) has wound up
liquidated, voluntarily or otherwise, and in the
case of (ii) and (iii), above, if the condition has
not been cured within sixty (60) days. Upon the
termination or expiration of this Agreement, or
upon a request by any party hereto: (i) all
outstanding payments to the other parties shall
promptly be paid in full; (ii) all Confid ential
Information of any party in the possession of the
other parties shall be promptly returned (or, at
any parties written instruction, destroyed).
City Council Regular Meeting - Page 524 of 582
Proposal for Land Management System and Implementation Services EdgeSoft Inc. 23 The restrictions in the following Sections shall
survive the termination or expiration of this
Agreement: Confidentiality, Indemnification,
Disclaimer and Limitations of Liability, Term and
Termination General Terms.
Term of Agreement: This agreement
commences on the Date specified in the SaaS
Agreement Addendum and continues for a 12
month subscription term, unless extended by
mutual agreement of all Parties, or terminated
as set forth in the Termination Clause of this
Agreement. Except as otherwise specified
in this Agreement, this agreement shall
automatically renew for additional periods
equal to the expiring subscription term
unless CUSTOMER gives notice to
EDGESOFT of non-renewal at least 30 days
before the end of the relevant subscription
term. All terms within this agreement and
the SaaS Agreement Addendum during any
such renewal term shall be the same as
that during the prior term unless
EDGESOFT and CUSTOMER have agreed to
new terms before the end of such prior
term, in which c ase the terms in any new
agreement shall be effective upon renewal
and thereafter.
Return of CUSTOMER Data : Upon request by
CUSTOMER, EDGESOFT will make available to
download CUSTOMER Data in its native format
within 60 days of termination. Upon termination
or non-renewal, after 60 days EDGESOFT shall
have no obligation to maintain or provide any
CUSTOMER Data and shall thereafter, unless
legally prohibited, delete all CUSTOMER Data.
General Terms: Neither this Agreement nor
any rights granted hereunder may be assigned,
or otherwise transferred by CUSTOMER , and
any such attempted transfer shall be void
without the advance written consent of
EDGESOFT, where such consent will not be
unreasonably withheld or delayed. This
Agreement shall be binding upon and shall inure
to the benefit of the Parties’ permitted
successors and assigns. This Agreement is
governed by California law, without regard to
conflicts of law principles. A waiver of any
breach of this Agreement shall not constitute a
waiver of any other breach or covenant of this
Agreement. A waiver shall not be effective
unless made in writing. No Party shall be liable
for any delay or failure due to acts of God,
natural disaster, labor disputes, changes in
government policy/law, riots, war, epidemics,
acts or omissions of vendors or suppliers,
transportation difficulties, disruptions caused by
the Internet or service providers, or other
occurrences which are beyond either Party’s
reasonable control (collectively, “ Force
Majeure”). If EDGESOFT is delayed in the
performance of any delivery of Software,
service, or provision of services for reasons
beyond its control, such delivery or services
shall take place as soon as is reasonably
possible. This Agreement contains the full
understanding betwe en the Parties and
supersedes all prior representations or
agreements, whether oral or written. This
Agreement may only be changed by a mutually
executed document. This SaaS Agreement may
be signed in counterparts and will constitute a
single SaaS Agreement.
END OF SAAS AGREEMENT TERMS AND
CONDITIONS.
City Council Regular Meeting - Page 525 of 582
Proposal for Land Management System and Implementation Services EdgeSoft Inc. 24 City Council Regular Meeting - Page 526 of 582
Proposal for Land Management System and Implementation Services EdgeSoft Inc. 25 EdgeSoft Inc. PROJECT SCHEDULE
City Council Regular Meeting - Page 527 of 582
1600 Rosecrans Ave. Media Center, 4th Floor Manhattan Beach, CA 90266 www.Edgesoftinc.com
Edgesoft Inc. SOFTWARE AS A SERVICE AGREEMENT
This SOFTWARE AS A SERVICE AGREEMENT (hereinafter SaaS Agreement) is made as of the Agreement Date (the “Effective Date”) set forth in the SAAS AGREEMENT TERMS AND CONDITIONS attached hereto and part of this SaaS Agreement by and between Edgesoft Inc., a California corporation, with principal offices located at 1600 Rosecrans Ave, Media Center, 4th Floor, Manhattan Beach, CA 90266, USA (hereinafter EDGESOFT) and the City of Lynwood, CA (hereinafter CUSTOMER). EDGESOFT and CUSTOMER are each also referred to herein as a “Party” and collectively as the “Parties”.
Whereas CUSTOMER desires to use, and EDGESOFT’s software as a service described in this SaaS Agreement. Therefore, in consideration of the mutual duties and obligation set forth herein, the Parties hereby mutually agree to the terms and conditions as provided in this SaaS Agreement.
Term of agreement effective for 5 years from contract signing date with one year optional extension of subscription.
EDGESOFT AND CUSTOMER HAVE EACH READ AND A GREE TO BE LEGALLY BOUND BY THE
EDGESOFT SAAS AGREEMENT TERMS AND CONDITIONS WHICH IS INCORPORATED
FULLY INTO THIS SAAS AGREEMENT, AND HAVE CAUSED THIS SAAS AGREEMENT TO BE EXECUTED BY THEIR DULY AUTHORIZED REPRESENTATIVES BELOW.
AS TO:
City of Lynwood, CA
AS TO:
Edgesoft, Inc.
Signature Date Signature Date
Printed Name Printed Name
Title Title
City Council Regular Meeting - Page 528 of 582
1600 Rosecrans Ave. Media Center, 4th Floor Manhattan Beach, CA 90266 Page 2 www.Edgesoftinc.com
SAAS AGREEMENT TERMS AND CONDITIONS
CUSTOMER has purchased a Software As A
Service Subscription whereby CUSTOMER
is authorized to access Software provided
by EDGESOFT (hereinafter Edgesoft
Software) to interact with CUSTOMER Data
via an HTTP Web browser connection over
the Internet . All CUSTOMER Data is, and
shall at all times remain, the sole and
exclusive property of CUSTOMER. All
Software provided is, and shall remain at
all times, the sole and exclusive property
of EDGESOFT.
Software As A Service (SaaS) Subscription:
EDGESOFT hereby grants to CUSTOMER a
limited, nonexclusive, nontransferable
subscription to access Edgesoft® Software and
CUSTOMER Data as hosted by Edgesoft in
compliance with this Agreement. Access shall be
limited to the number of concurrent users and
modules as defined by the SaaS Agreement
Addendum for the principal business or
municipal purposes of CUSTOMER only.
CUSTOMER Data includes Edgesoft® database
files, CUSTOMER database files, and all other
electronic data stored on EDGESOFT computers
for use by the CUSTOMER with the Edgesoft®
Software. Amount of CUSTOMER Data to be
stored shall be measured in bytes and be limited
to the amount of disk space provided in the
SaaS Agreement Addendum as attached hereto.
Procedures by which CUSTOMER may store and
access CUSTOMER Data shall be limited to the
use of the Edgesoft® Software or as updated by
any written Addendums hereto.
Edgesoft® Software: Edgesoft® Software as
listed on the SaaS Agreement Addendum shall
be maintained in an operational state by
EDGESOFT. Software shall be made available to
CUSTOMER via an HTTP Web browser access
over the Internet . CUSTOMER’s use of any
Edgesoft® Software shall comply with the terms
and conditions as stated within this agreement.
Invoicing and Payment: CUSTOMER shall be
invoiced by EDGESOFT. CUSTOMER shall be
invoiced monthly OR annually in advance for
delivery of the SaaS Subscription in accordance
with this Agreement for a fee outlined in SaaS
Agreement Addendum. CUSTOMER agrees to
pay all fees on a net 30 days from invoice date.
CUSTOMER agrees that in no event and under
no cir cumstances shall terms set forth in
purchase orders take precedence over the
terms and conditions of this Agreement, the
terms of which may be modified only by the
mutual written consent of both Parties. All Costs
of shipping and insurance, if applicable, shall be
paid and borne by CUSTOMER. Prices do not
include federal, state or local taxes, excise
taxes, tariffs or duties. CUSTOMER agrees to
pay all such taxes or to reimburse EDGESOFT
for such taxes that EDGESOFT may be required
to pay.
Overdue Fees: If any fees are not received
from CUSTOMER by the due date, then at
EDGESOFT’ discretion, such fees may accrue
late interest at the rate of 1.5% of the
outstanding balance per month, or the
maximum rate permitted by law, whichever is
lower, from the date such payment was due
until the date paid.
Suspension of Service : If any amount owed
by CUSTOMER under this Agreement is 30 or
more days overdue EDGESOFT may, without
limiting other rights and remedies, suspend
access to Edgesoft® Software provided to
CUSTOMER until such amounts are paid in full.
EDGESOFT will give CUSTOMER at least 7 days’
prior notice when the account is overdue, before
suspending services to CUSTOMER.
Payment Disputes : EDGESOFT shall not
exercise rights to suspend services if
CUSTOMER is disputing the applicable fees
reasonably and in good faith and is cooperating
diligently to resolve the dispute.
Availability of Service: EDGESOFT will use
commercially reasonable efforts during our
normal hours of operation (8 A.M. to 5 P.M.
Pacific Time excluding weekends and Federal
holidays) to make Edgesoft® Software and
CUSTOMER Data available twenty-four hours a
day, seven days a week including holidays
except for (a) any unavailability caused by
circumstances beyond reasonable control of
EDGESOFT, including without limitation, acts of
God, acts of government, floods, fires,
earthquakes, civil unrest, acts of terror, Internet
service provider failures or delays, or denial of
service attacks, and (b) planned down time of
which EDGESOFT will attempt to notify
CUSTOMER a minimum of four (4) business
days in advance of said activity. CUSTOMER is
entitled to 10% of credit for any
unplanned/unscheduled outage.
CUSTOMER is solely responsible for establishing
and maintaining its own computer equipment
City Council Regular Meeting - Page 529 of 582
1600 Rosecrans Ave. Media Center, 4th Floor Manhattan Beach, CA 90266 Page 3 www.Edgesoftinc.com
and connection(s) to the Internet and all fees
associated with said connection(s) independent
of EDGESOFT. In no event shall EDGESOFT be
liable to anyone for any damages to
CUSTOMER’s Internet connection(s) or
computer equipment, whether in contract or
tort (including negligence), including but not
limited to direct, consequential, special,
exemplary, collateral, incidental and indirect
damages, arising out of or in connection with
this SaaS Agreement or the use, the results of
use, or the inability to use the Internet
connection(s) or computer equipment.
Technical Support: Technical Support services
are provided to CUSTOMER.
Technical Support services provided to
CUSTOMER are included in the SaaS
Subscription in accordance with the terms of the
Technical Support Addendum. Such services
are subject to the timely payment of the
applicable monthly fee as set forth in the SaaS
Agreement. Unless otherwise provided in
writing by EDGESOFT , technical support is
available from 8:00am to 5:00pm, Pacific Time,
on all weekdays (M -F) other than Federal
holidays. EDGESOFT support shall include
answering questions from CUSTOMER over the
telephone or e-mail.
Edgesoft Software Maintenan ce: Periodic
updates and upgrades shall be made to the
Edgesoft® Software and/or operating
environment by EDGESOFT. Commercial
release by one or any related software products,
or related technologies will not constitute
updates or upgrades to Edgesoft® Software.
EDGESOFT reserves the right to select any such
updates and/or upgrades to be implemented.
Access to such updates and upgrades will be
granted to CUSTOMER upon release by
EDGESOFT. EDGESOFT will promptly notify
CUSTOMER in writing or via email of all known
and available commercial releases, updates
and/or upgrades and proceedings related
thereto. EDGESOFT will promptly notify
CUSTOMER in writing or via email of all known
and available commercial releases, updates
and/or upgrades and proceedings rel ated
thereto.
CUSTOMER Data Maintenance: CUSTOMER
Data shall be provided to EDGESOFT by
CUSTOMER in a format specified by EDGESOFT.
The total amount of CUSTOMER Data is limited
to the CUSTOMER Data Amount Limit specified
on the SaaS Agreement Addendum. CUSTOMER
may request EDGESOFT to provide services to
update CUSTOMER Data per a separate
agreement between CUSTOMER and
EDGESOFT.
Intellectual Property Rights and
Restrictions: The Edgesoft® Software, and all
components thereof and all proprietary
materials used by EDGESOFT, or delivered or
provided by EDGESOFT to CUSTOMER in the
course of this Agreement is, and shall at all
times remain, the sole and exclusive property of
EDGESOFT or its licensors, including, without
limitation, all worldwide Intellectual Property
Rights embodied in, related to, or represented
by, the Edgesoft® Software or any version
thereof. “Intellectual Property Rights” means,
collectively, rights under patent, trademark,
copyright and trade secret laws, and any other
intellectual property or proprietary rights
recognized in any country or jurisdiction
worldwide, including moral rights and similar
rights.
CUSTOMER may not copy, alter, modify, adapt,
translate, or create derivative works based upon
the Edgesoft® Software or any part of it, except
and only to the extent that such activity is
expressly permitted by applicable law
notwithstanding this limitation. CUSTOMER may
not de-compile, reverse engineer, disass emble
or otherwise reduce the Edgesoft Software.
CUSTOMER may not rent, lease, sublease, re -
license or otherwise make available the
Edgesoft® Software (other than allowing access
to CUSTOMER’s data through the use of the
Edgesoft® Software), in whole or in part, to third
parties or use the Edgesoft® Software as part of
a commercial service bureau, outsourcing,
timesharing, or affiliate program environment.
Confidentiality: All Parties agree to secure and
protect the Confidential Information of the other
in a manner consistent with the maintenance of
the other Party’s rights therein, using at least as
great a degree of care as it uses to maintain the
confidentiality of its own confident ial
information of a similar nature, but in no event
use less than reasonable efforts. “Confidential
Information” means information that a
disclosing party considers to be confidential,
including but not limited to CUSTOMER Data,
business and technical inf ormation, marketing
plans, research, designs, plans, methods,
techniques, processes and know -how, whether
tangible or intangible and whether or not stored,
compiled or memorialized physically,
electronically, graphically or in writing.
Confidential Informa tion shall not include
information which: (i) is, or as of the time of its
City Council Regular Meeting - Page 530 of 582
1600 Rosecrans Ave. Media Center, 4th Floor Manhattan Beach, CA 90266 Page 4 www.Edgesoftinc.com
disclosure or thereafter, becomes part of the
public domain through a source other than the
receiving party; (ii) was rightfully known to the
receiving party as of the time of its d isclosure;
(iii) is independently developed by the receiving
party; (iv) is subsequently learned from a third
party not under a confidentiality obligation to
the disclosing party; or (v) is required to be
disclosed pursuant to a duly authorized
subpoena, c ourt order, or government
authority, whereupon the party subject to same
shall provide prompt written notice to the other
party prior to such disclosure, so that such party
may seek a protective order or other
appropriate remedy.
Confidentiality is subjec t to the California
Public Records Act.
Indemnification: CUSTOMER agrees to
indemnify and hold harmless EDGESOFT and its
officers, directors, agents and employees from
and against any and all claims, costs, damages,
losses, liabilities and expenses (including
reasonable attorneys’ fees and costs)
attributable to CUSTOMER’s use of Software
and/or EDGESOFT SaaS Subscription infringing
patent or copyright, rights under patent,
trademark, trade secret laws, and any other
intellectual property or proprietary rights
recognized in any country or jurisdiction
worldwide, including moral rights and similar
rights.
If CUSTOMER becomes, or in CUSTOMER’s
opinion is likely to become, the subject of a
claim of infringement, CUSTOMER will cease any
infringing use of the Software and/or SaaS
Subscription. This section states the entire
liability of CUSTOMER, its affiliate and
representatives for infringement by CUSTOMER.
Disclaimer and Limitations of Liability:
EDGESOFT AND ITS LICENSORS DO NOT
REPRESENT OR WARRANT THAT (I) THE USE OF
THE SOFTWARE AND ACCESS TO CUSTOMER
DATA WILL BE UNINTERRUPTED OR ERROR
FREE OR (II) THE SOFTWARE AND ACCESS
THERETO WILL MEET CUSTOMER’S
REQUIREMENTS EXCEPT AS PROVIDED
HEREIN. THE SOFTWARE IS PROVIDED TO
CUSTOMER “AS-IS”. EDGESOFT DISCLAIM
ALL OTHER REPRESENTATIONS AND
WARRANTIES, WHETHE R EXPRESS, IMPLIED
OR STATUTORY, INCLUDING WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR F ITNESS FOR A
PARTICULAR PURPOSE.
FEES PAID FOR THE SAAS SUBSCRIPTION DO
NOT INCLUDE ANY CONSIDERATION FOR
ASSUMPTION OF THE RISK AND IN NO EVENT
SHALL ANY PARTY BE LIABLE FOR ANY
EXEMPLARY, SPECIAL, INCIDENTAL, INDIRECT
OR CONSEQUENTIAL DAMAGES (INCLUDING
LOSS OF PROFIT, REVENUE, OR DATA),
ARISING OUT OF OR RELATING TO THIS
AGREEMENT EVEN IF THE OTHER PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
POTENTIAL LOSS OR DAMAGES, OR FOR ANY
INTERRUPTION, INACCURACY, ERROR OR
OMISSION, REGARDLESS OF CAUSE, IN THE
SOFTWARE OR SAAS SUBSCRIPTION. IN NO
EVENT SHALL THE AGGREGATE LIABILITY OF
EDGESOFT EXCEED THE AMOUNT OF FEES
ACTUALLY PAID BY CUSTOMER TO EDGESOFT
AS PART OF THIS AGREEMENT.
THIS AGREEMENT PROVIDES CUSTOMER WITH
SPECIFIED LEGAL RIGHTS AND CUSTOMER MAY
HAVE OTHER RIGHTS THAT VARY FROM
JURISDICTION TO JURISDICTION. SOME
JURISDICTIONS DO NOT ALLOW THE
EXCLUSIONS OR LIMITATIONS OF
WARRANTIES, SO THE ABOVE WARRANTY,
DISCLAIMER AND LIMITATIONS OF LIABILITY
OR EXCLUSIONS MAY NOT APPLY.
Termination: The C ity may terminate this
Agreement, without cause, by giving the
Contractor (30) days written notice of such
termination and the effective date thereof.
Any Party may terminate this Agreement upon
written notice to the other part ies if a party
materially breaches any obligation and fails to
cure such breach within thirty (30) days after
receiving notice. Any Party shall also have the
right to terminate this Agreement upon notice
to the other parties if any Party: (i) terminates
or ceases operating its busin ess in the normal
course; (ii) becomes subject to any bankruptcy
or insolvency proceeding under Federal or state
statute; (iii) becomes insolvent or becomes
subject to direct control by a trustee, receiver
or similar authority; or (iv) has wound up
liquidated, voluntarily or otherwise, and in the
case of (ii) and (iii), above, if the condition has
not been cured within sixty (60) days. Upon the
termination or expiration of this Agreement, or
upon a request by any party hereto: (i) all
outstanding payments to the other parties shall
promptly be paid in full; (ii) all Confidential
Information of any party in the possession of the
other parties shall be promptly returned (or, at
any parties written instruction, destroyed).
City Council Regular Meeting - Page 531 of 582
1600 Rosecrans Ave. Media Center, 4th Floor Manhattan Beach, CA 90266 Page 5 www.Edgesoftinc.com
The restrictions in the following Sections shall
survive the termination or expiration of this
Agreement: Confidentiality, Indemnification,
Disclaimer and Limitations of Liability, Term and
Termination General Terms.
Term of Agreement: This agreement
commences on the Date specified in the SaaS
Agreement Addendum and continues for a 60
month subscription term, unless extended by
mutual agreement of all Parties, or terminated
as set forth in the Termination Clause of this
Agreement. Except as otherwise specified
in this Agreement, this agreement shall
automatically renew for additional periods
equal to the expiring subscription term
unless CUSTOMER gives notice to
EDGESOFT of non-renewal at least 30 days
before the end of the relevant subscription
term. All terms within this agreement and
the SaaS Agreement Addendum during any
such renewal term shall be the same as
that during the prior term unless
EDGESOFT and CUSTOMER have agreed to
new terms before the end of such prior
term, in which case the terms in any new
agreement shall be effective upon renewal
and thereafter.
Return of CUSTOMER Data: Upon request by
CUSTOMER, EDGESOFT will make available to
download CUSTOMER Data in its native format
within 60 days of termination. Upon termination
or non-renewal, after 60 days EDGESOFT shall
have no obligation to maintain or provide any
CUSTOMER Data and shall thereafter, unless
legally prohibited, delete all CUSTOMER Data.
General Terms: Neither this Agreement nor
any rights granted hereunder may be assigned,
or otherwise transferred by CUSTOMER, and
any such attempted transfer shall be void
without the advance written consent of
EDGESOFT, where such consent will not be
unreasonably withheld or delayed. This
Agreement shall be binding upon and shall inure
to the benefit of the Parties’ permitted
successors and assigns. This Agreement is
governed by California law, without regard to
conflicts of law principles. A waive r of any
breach of this Agreement shall not constitute a
waiver of any other breach or covenant of this
Agreement. A waiver shall not be effective
unless made in writing. No Party shall be liable
for any delay or failure due to acts of God,
natural disaste r, labor disputes, changes in
government policy/law, riots, war, epidemics,
acts or omissions of vendors or suppliers,
transportation difficulties, disruptions caused by
the Internet or service providers, or other
occurrences which are beyond either Party’ s
reasonable control (collectively, “ Force
Majeure”). If EDGESOFT is delayed in the
performance of any delivery of Software,
service, or provision of services for reasons
beyond its control, such delivery or services
shall take place as soon as is reasonab ly
possible. This Agreement contains the full
understanding between the Parties and
supersedes all prior representations or
agreements, whether oral or written. This
Agreement may only be changed by a mutually
executed document. This SaaS Agreement may
be signed in counterparts and will constitute a
single SaaS Agreement.
END OF SAAS AGREEMENT TERMS AND
CONDITIONS.
City Council Regular Meeting - Page 532 of 582
1 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, AWARDING A PROFESSIONAL
SERVICES AGREEMENT WITH EDGESOFT, INC, IN THE NOT TO EXCEED AMONT OF $ 94,400 IN ARPA FUNDING FOR TECHNOLOGY ADVANCEMENT IN PERMIT
MANAGEMENT SOLUTION SERVICES
WHEREAS, the City Council of the City of Lynwood approved the Lynwood Economic & Community Enhancement Plan February 1, 2022; and
WHEREAS, staff identified several citywide projects that were not included in the Lynwood Economic & Community Enhancement Plan that required amendments to ensure proper funding levels ; and
WHEREAS, On August 16, 2022, t he Lynwood City Council approved budget adjustments to amend the overall recovery plan to address needed services in various areas of the city such as maintenance and code enforcement; and
WHEREAS, on Aril 25, 2022, the City issued a Request for Proposal (RFP ) on the City’s web site (PlanetBids) seeking qualified professional services to ass ist with Permit management solutions; and
WHEREAS, the City received one (10) proposal; and
WHEREAS, after careful consideration of the proposal, including but not limited to; response to the RFP requiremen ts, firm’s history and ability to provide services, proposed staff qualifications, and proposed fee, staff believes that the contract should be awarded to Edgesoft Inc, in a not to exceed amount of $ 94,400 for the first year and a total 5 yr contract not to exceed $191,701.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Lynwood finds and declares that the foregoing recitals are true and correct, and incorporates said recitals fully into this Resolution as substantive findings.
Section 2. The City Council of the City of Lynwood authorizes the Mayor to execute a Professional Services Agreement (Exhibit “A”) with Edgesoft Inc, in a form approved by the City Attorney, for Permit management solution software services, in a not to exceed amount of $191,701.
Section 3. The City Council of the City of Lynwood authorizes the approval of an appropriation and the use of $94,400 ARPA funds for supplemental services and $97,301 General fund as follows:
City Council Regular Meeting - Page 533 of 582
2 Fund Dept Div Object Description Amount
1055
TBD TBD 9.0 Technology Advancement $94,400
1011 51 501 62015 (4 yr) prmt system $97,301
Section 4. The Mayor is authorized to execute the professional services agreement for and on behalf of the City of Lynwood. The Mayor is also authorized to execute the Resolution for and on behalf of the City of Lynwood.
Section 5. The City Clerk shall certify to the adoption of this Resolution and hereafter the same shall be in full force and effect.
PASSED, APPROVED and ADOPTED this 21st day of February 2023.
______________________________
Oscar Flores
Mayor
ATTEST:
___________________________
Maria Quinonez
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
__________________________ ______________________________ Noel Tapia Ernie Hernandez
City Attorney City Manager
City Council Regular Meeting - Page 534 of 582
3 STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 21st day of February 2023, and passed by the following votes:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________
Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing 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 21st day of February 2023.
________________________
Maria Quinonez, City Clerk
City Council Regular Meeting - Page 535 of 582
Agenda Item # 20.
AGENDA STAFF REPORT
DATE:
February 21, 2023
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Julian Lee, Director of Public Works
SUBJECT:
MEASURE R FUNDING AGREEMENT FOR IMPERIAL HIGHWAY CAPACITY
ENHANCEMENTS PROJECT
Recommendation:
Staff recommends that the City Council adopt the following resolution entitled: “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD APPROVING THE MEASURE R FUNDING AGREEMENT WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (“LACMTA”) FOR
THE IMPERIAL HIGHWAY CAPACITY ENHANCEMENTS PROJECT FOR THE AMOUNT OF $2,626,537.39; AND AUTHORIZING THE APPROPRATION FOR THE PROJECT.”
Background:
Measure R is funded with 1/2-cent sales tax revenues that Los Angeles County voters approved in November 2008 to meet the transportation needs of Los Angeles County. The Measure R Ordinance specifies that Local Return funds are to be used for transportation purposes.
Discussion and Analysis:
In Fiscal Year (FY) 2020, the City Council approved the 5 Year Year Capital Improvement Projects (CIP) plan which included Imperial Highway Corridor Capacity Enhancements Project. The project would consist of traffic signal modifications at 11 existing intersections along Imperial Highway. The City submitted a grant application for funding for the Imperial Highway Capacity Enhancements Project and on December 20, 2022, a funding agreement was made and entered into by and between Los Angeles County Metropolitan Transportation Authority (LACMTA) and the City for the project. Measure R funds were programmed in the amounts of $1,026,237.39 for FY 21-22 and $1,600,000 for FY 22-23 for a total of $2,626,537.39.
Fiscal Impact:
City Council Regular Meeting - Page 536 of 582
Staff is requesting a budget augmentation from Measure R Funding in the amount of $2,626,537.39 to Imperial Highway Corridor Capacity Enhancements Project (Account 4011.68.106)
APPROPRIATION
FROM
AMOUNT
APPROPRIATION TO
Measure R Funding
$2,626,537.39
Imperial Highway Corridor Capacity
Enhancements Project
(Account 4011.68.106)
Coordinated With:
City Manager’s Office
Department of Finance and Administration Services
ATTACHMENTS:
Description
Resolution
FA Measure R Hwys Gen Funding Agreement_Revised - MR306.59 w Attachments City Council Regular Meeting - Page 537 of 582
1 RESOLUTION NO.__________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
THE MEASURE R FUNDING AGREEMENT WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (“LACMTA”) FOR THE
IMPERIAL HIGHWAY CAPACITY ENHANCEMENTS PROJECT FOR THE AMOUNT OF $2,626,537.39; AND AUTHORIZING THE APPROPRATION FOR THE PROJECT
WHEREAS, Measure R is funded with 1/2 -cent sales tax revenues that Los Angeles County voters approved in November 2008 to meet the transportation needs of Los Angeles County; and
WHEREAS, In FY 2021-22 the City Council approved the 5 Year CIP Plan which included Imperial Highway Corridor Capacity Enhancements Project 4011.68.106; and
WHEREAS, The Imperial Highway Capacity Enhancements Project is a component of the Traffic Signal Modifications Project; and
WHEREAS, staff has submitted an application for the grant funding for the construction of the Imperial Highway Capacity Enhancements Project; and
WHEREAS, this Funding Agreement (“FA”) is made and entered into effective as of December 30, 2022, (“Effective Date”), and is by and between the Los Angeles County Metropolitan Transportation Authority ("LACMTA") and City of Lynwood ("GRANTEE") for Imperial Highway Capacity Enhancements Project, LACMTA Project ID# MR30 6.59 and FTIP# LA9918793, (the "Project"); and
WHEREAS, the Funds are currently programmed as follows: $1,026,237.39 in Measure R Funds in FY 2021 -22; and $1,600,000 in Measure R Funds in FY 2022 -23.
The total designated for Construction of the Project is $2,626,537.39; and
WHEREAS, funding of this project will support and expand the approved Capital Improvement Project Imperial Highway Corridor Capacity Enhancements Project 4011.68.106; and
WHEREAS, staff is requesting to appropriate the Measure R funding of $2,626,537.39 to Imperial Highway Corridor Capacity Enhancements Project CIP 4011.68.106.62015.
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 incorporates them herein as findings and as a substantive part of this Resolution.
City Council Regular Meeting - Page 538 of 582
2 Section 2. The City Council approves the Measure R Funding Agreement with Los Angeles County Metropolitan Transportation Authority for the Imperial Highway Capacity Enhancements Project for the amount of $2,626,537.39; and
Section 3. The City Council approves the appropriation of the Measure R Funding Agreement of $2,626,537.39 to the Imperial Highway Corridor Capacity Enhancements Project CIP 4011.68. 106.62015 to complete the construction of the project for the 11 (eleven) existing intersections to improve their operation, as stated in the agreement documents.
Section 4. The Mayor is authorized to execute the Measure R Funding Agreement for and on behalf of the City of Lynwood. The Mayor is also authorized to execute this Resolution for and on behalf of the City of Lynwood.
Section 5. This Resolution shall take effect immediately upon its adoption.
Section 6. The City Clerk shall certify as to the adoption of this City Council Resolution.
PASSED, APPROVED and ADOPTED this 21st day of February, 2023.
________________________________
Oscar Flores, Mayor
ATTEST:
________________________
Maria Quiñonez, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_________________________ ________________________________ Noel Tapia, City Attorney Ernie Hernandez, City Manager
________________________________
Julian Lee
Director of Public Works
City Council Regular Meeting - Page 539 of 582
3 City Council Regular Meeting - Page 540 of 582
4 STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, do hereby 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 C ity Hall of said City on the day of February 21st, 2023 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 forgoing 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 541 of 582
FTIP #: LA9918793
Subregion ID: I-710 Early Action Projects (Gateway
Cities)
Project#: MR306.59
FA# 9200000000MR30659
Rev: 10.28.2022 1 Measure R Funding Agreement – Highways – General
MEASURE R FUNDING AGREEMENT
HIGHWAY PROGRAM (General)
This Funding Agreement (“FA”) is made and entered into effective as of December 30, 2022, (“Effective Date”), and is by and between the Los Angeles County Metropolitan Transportation Authority ("LACMTA") and City of Lynwood ("GRANTEE") for Imperial Highway Capacity Enhancements Project, LACMTA Project ID# MR306.59 and FTIP# LA9918793, (the "Project"). This Project is eligible for funding under Line 37 of the Measure R Expenditure Plan.
WHEREAS, LACMTA adopted Ordinance #08-01, the Traffic Relief and Rail Expansion Ordinance, on July 24, 2008 (the “Ordinance”), which Ordinance was approved by the voters of Los Angeles County on November 4, 2008 as “Measure R” and became effective on January 2, 2009.
WHEREAS, the funding set forth herein is intended to fund only Construction of the Project; and
WHEREAS, the LACMTA Board, at its October 25, 2018 meeting, programmed $865,000 in Measure R Funds to GRANTEE for PAED and PS&E under project number MR306.54; and
WHEREAS, the LACMTA Board, on June 27, 2019, de-obligated $865,000 in Measure R funds for project number MR306.54 from GRANTEE and programmed those same funds under LACMTA project number MR306.59 as a result of GRANTEE requesting LACMTA lead the PAED and PS&E phases of the Project due to lack of GRANTEE staffing resources; and
WHEREAS, LACMTA, on August 27, 2019, entered into a Memorandum of Understanding (the “MOU”) with the City of Lynwood to lead the PAED and PS&E phases on the City of Lynwood’s behalf with the $865,000 programmed previously by the LACMTA Board; and
WHEREAS, the LACMTA Board at its January 27, 2022 meeting, programmed an additional $3,100,000 to LACMTA project number MR 306.59 for final design and construction the Project. The total Project budget is $3,965,000; and
WHEREAS, LACMTA completed the PAED, PS&E, and final design phases of the Project and expended $1,338,462.61 of the total funds programmed; and
WHEREAS, the LACMTA Board on June 25, 2020, delegated administrative authority to staff to allow changes in project sponsor to deliver board approved projects; and
WHEREAS, the Funds remaining for the Project are as follows: $2,626,537.39 for Construction of the Project, led by GRANTEE.
WHEREAS, the Funds are currently programmed as follows: $1,026,237.39 in Measure R Funds in FY 2021-22; and $1,600,000 in Measure R Funds in FY 2022-23. The total designated for Construction of the Project is $2,626,537.39; and
City Council Regular Meeting - Page 542 of 582
FTIP #: LA9918793
Subregion ID: I-710 Early Action Projects (Gateway
Cities)
Project#: MR306.59
FA# 9200000000MR30659
Rev: 10.28.2022 2 Measure R Funding Agreement – Highways – General
NOW, THEREFORE, the parties hereby agree as follows:
The terms and conditions of this FA consist of the following and each is incorporated by reference herein as if fully set forth herein:
1. Part I – Specific Terms of the FA
2. Part II – General Terms of the FA
3. Attachment A – Project Funding
4. Attachment B – Measure R Expenditure Plan Guidelines
5. Attachment B-1 – Expenditure Plan - Cost & Cash Flow Budget
6. Attachment C – Scope of Work
7. Attachment D – Project Reporting and Expenditure Guidelines
8. Attachment D-1 – intentionally omitted
9. Attachment D-2 – Quarterly Progress/Expenditure Report
10. Attachment E – Federal Transportation Improvement Program (FTIP) Sheet
11. Attachment F – Bond Requirements
12. Any other attachments or documents referenced in the above documents
In the event of a conflict, the Special Grant Conditions, if any, shall prevail over the Specific Terms of the FA and any attachments and the Specific Terms of the FA shall prevail over the General Terms of the FA.
City Council Regular Meeting - Page 543 of 582
FTIP #: LA9918793
Subregion ID: I-710 Early Action Projects (Gateway
Cities)
Project#: MR306.59
FA# 9200000000MR30659
Rev: 10.28.2022 3 Measure R Funding Agreement – Highways – General
IN WITNESS WHEREOF, the parties have caused this FA to be executed by their duly authorized representatives as of the dates indicated below:
LACMTA:
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
By: ________________________________________ Date: ____________________ Stephanie N. Wiggins
Chief Executive Officer
APPROVED AS TO FORM:
DAWYN R. HARRISON
Interim County Counsel
By: ________________________________________ Date: ____________________ Deputy
GRANTEE:
CITY OF LYNWOOD
By: _______________________________________ Date: ____________________ Ernie Hernandez
City Manager
APPROVED AS TO FORM:
By: _______________________________________ Date: ____________________ Noel Tapia
City Attorney
City Council Regular Meeting - Page 544 of 582
FTIP #: LA9918793
Subregion ID: I-710 Early Action Projects (Gateway
Cities)
Project#: MR306.59
FA# 9200000000MR30659
Rev: 10.28.2022 4 Measure R Funding Agreement – Highways – General
PART I
SPECIFIC TERMS OF THE FA
1. Title of the Project (the "Project"): Imperial Highway Capacity Enhancements Project - Construction. LACMTA Project ID# MR306.59, FTIP# LA9918793.
2. Grant Funds:
2.1 Programmed Funds for this Project consist of the following: Measure R Funds.
2.2 To the extent the Measure R Funds are available; LACMTA shall make to GRANTEE a grant of the Measure R funds in the amount of $2,626,537.39 (the “Funds”) for the Project. LACMTA Board of Directors’ action of January 27, 2022, granted the Measure R Funds for the Project. The Funds are programmed over 2 years for Fiscal Years (FY) FY 2021-22, and FY 2022-23.
3. This grant shall be paid on a reimbursement basis. GRANTEE must provide the appropriate supporting documentation with the Quarterly Progress/Expenditure Report.
GRANTEE Funding Commitment, if applicable, must be spent in the appropriate proportion to the Funds with each quarter’s expenditures. LACMTA will withhold five percent (5%) of eligible expenditures per invoice as retention pending an audit of expenditures and completion of scope of work.
4. Attachment A the “Project Funding” documents all sources of funds programmed for the Project as approved by LACMTA. The Project Funding includes the total programmed funds for the Project, including the Funds programmed by LACMTA and, if any, the GRANTEE Funding Commitment of other sources of funding. The Project Funding also includes the fiscal years in which all the funds for the Project are programmed. The Funds are subject to adjustment by subsequent LACMTA Board Action.
5. Attachment B-1 is the Expenditure Plan- Cost & Cash Flow Budget (the "Expenditure Plan"). It is the entire proposed cash flow, the Budget and financial plan for the Project, which includes the total sources of all funds programmed to the Project, including GRANTEE and other entity funding commitments, if any, for this Project as well as the fiscal year and quarters the Project funds are anticipated to be expended. GRANTEE shall update the Expenditure Plan annually, no later than December 31, and such update shall be submitted to LACMTA’s Senior Executive Officer of Construction & Engineering in writing. If the LACMTA’s Senior Executive Officer of Construction & Engineering concurs with such updated Expenditure Plan in writing, Attachment B-1 shall be replaced with the new Attachment B-1 setting forth the latest approved Expenditure Plan. Payments under this FA shall be consistent with Attachment B-1 as revised from time to time. Any change to the final milestone date must be made by a fully executed amendment to this FA.
6. Attachment C is the “Scope of Work”. The GRANTEE shall complete the Project as described in the Scope of Work. This Scope of Work shall include a detailed description of the Project and the work to be completed, including anticipated Project milestones and a schedule consistent with the lapsing policy in Part II, Section 9, and a description of the Project limits, if City Council Regular Meeting - Page 545 of 582
FTIP #: LA9918793
Subregion ID: I-710 Early Action Projects (Gateway
Cities)
Project#: MR306.59
FA# 9200000000MR30659
Rev: 10.28.2022 5 Measure R Funding Agreement – Highways – General
applicable. No later than December 31 of each year, GRANTEE shall notify LACMTA if there are any changes to the final milestone date set forth in the schedule or any changes to the Scope of Work. If LACMTA agrees to such changes, the parties shall memorialize such changes in an amendment to this FA. Grantee shall utilize the 100% PS&E package delivered by LACMTA pursuant to the MOU. Work shall be delivered in accordance with the schedule and scope identified in this FA unless otherwise agreed to by the parties in writing in an amendment to this FA. If GRANTEE fails to meet milestones or fails to deliver the Project, LACMTA will have the option to suspend or terminate the FA for default as described in Part II, Sections 2, 9, 10 and 11 herein below. To the extent interim milestone dates are not met but GRANTEE believes and can show documentation acceptable to LACMTA supporting GRANTEE’S ability to make up the time so as to not impact the final milestone date, GRANTEE shall notify LACMTA of such changes in its Quarterly Progress/Expenditure Reports and such interim milestone dates will automatically be amended to the latest interim milestone dates provided in the Quarterly Progress/Expenditure Reports Attachment D-2. In no event can the final milestone date be amended by a Quarterly Progress/Expenditure Report.
7. No changes to this FA, including but not limited to the Funds, and any other source of funds from LACMTA in the Project Funding, Expenditure Plan or the Scope of Work shall be allowed without an amendment to the original FA, approved and signed by both parties.
8. Attachment D is the “Project Reporting & Expenditure Guidelines”. GRANTEE shall complete the “Quarterly Progress/Expenditure Report”. The Quarterly Progress/ Expenditure Report are attached to this FA as Attachment D-2 in accordance with Attachment D – Project Reporting and Expenditure Guidelines.
9. Attachment E, the "FTIP PROJECT SHEET (PDF)", is required to ensure that the Project is programmed correctly in the most up-to-date FTIP document. The FTIP PROJECT SHEET (PDF) can be found in ProgramMetro FTIP database under the reports section at http://program.metro.net. All projects that receive funding through Measure R must be programmed into the FTIP, which includes locally funded regionally significant projects for information and air quality modeling purposes. GRANTEE shall review the Project in ProgramMetro each year and update or correct the Project information as necessary during a scheduled FTIP amendment or adoption. GRANTEE will be notified of amendments and adoptions to the FTIP via e-mail. Changes to the FTIP through ProgramMetro should be made as soon as possible after GRANTEE is aware of any changes to the Project, but no later than October 1 of the year the change or update is effective. Should GRANTEE fail to meet this date, it may affect GRANTEE's ability to access funding, delay the Project and may ultimately result in the Funds being lapsed.
10. LACMTA anticipates it may need to avail itself of lower cost bonds or other debt, the interest on which is tax exempt for federal tax purposes and/or Build America Bonds as defined in the American Reinvestment and Recovery Act of 2009 or similar types of bonds (collectively, the 'Bonds") to provide at least a portion of its funding commitments under this Agreement to GRANTEE. GRANTEE shall ensure that the expenditure of the Funds disbursed to GRANTEE does not jeopardize the tax-exemption of the interest, the Federal subsidy payment or the tax credit, as applicable, as specified in the Bond Requirements attached as Attachment F to this Agreement. GRANTEE agrees to provide LACMTA with City Council Regular Meeting - Page 546 of 582
FTIP #: LA9918793
Subregion ID: I-710 Early Action Projects (Gateway
Cities)
Project#: MR306.59
FA# 9200000000MR30659
Rev: 10.28.2022 6 Measure R Funding Agreement – Highways – General
progress reports, expenditure documentation, and any other documentation as reasonably requested by LACMTA and necessary for LACMTA to fulfill its responsibilities as the grantee or administrator or bond issuer of the Funds. With regard to LACMTA debt financing to provide any portion of the Funds, GRANTEE shall take all reasonable actions as may be requested of it by LACMTA's Project Manager for the Project, to assist LACMTA in demonstrating and maintaining over time, compliance with the relevant sections of the Federal Tax Code to maintain such bonds tax status.
11. GRANTEE shall comply with the “Special Grant Conditions” attached as Attachment G, if any.
12. No changes to the (i) Grant amount, (ii) Project Funding, (iii) the Scope of Work (except as provided herein), (iv) Final milestone date or (v) Special Grant Conditions, shall be allowed without a written amendment to this FA, approved and signed by the LACMTA Chief Executive Officer or his/her designee and GRANTEE. Modifications that do not materially affect the terms of this FA, such as redistributing Funds among existing budget line items or non- material schedule changes must be formally requested by GRANTEE and approved by LACMTA in writing. Non-material changes are those changes which do not affect the grant amount or its schedule, Project Funding, or the Scope of Work, including the Work schedule.
13. LACMTA's Address:
Los Angeles County Metropolitan Transportation Authority One Gateway Plaza
Los Angeles, CA 90012
Attention: Julio Perucho
LACMTA Project Manager
Mail Stop 99-18-2
Phone (213) 922-4387
E-mail: [email protected]
14. GRANTEE's Address:
City of Lynwood
11750 Alameda St,
Lynwood, CA 90262
Mir Fattahi
Acting City Engineer
Phone (310) 603-0220
Email: [email protected]
City Council Regular Meeting - Page 547 of 582
FTIP #: LA9918793
Subregion ID: I-710 Early Action Projects (Gateway
Cities)
Project#: MR306.59
FA# 9200000000MR30659
Rev: 10.28.2022 7 Measure R Funding Agreement – Highways – General
PART II
GENERAL TERMS OF THE FA
1. TERM
The term of this FA shall commence on the Effective Date of this FA, and shall terminate upon the occurrence of all of the following, unless terminated earlier as provided herein: (i) the agreed upon Scope of Work has been completed; (ii) all LACMTA audit and reporting requirements have been satisfied; and (iii) the final disbursement of the Funds has been made to GRANTEE. All eligible Project expenses as defined in the Reporting and Expenditure Guidelines (Attachment D), incurred after the FA Effective Date shall be reimbursed in accordance with the terms and conditions of this FA unless otherwise agreed to by the parties in writing.
2. SUSPENSION OR TERMINATION
Should LACMTA determine there are insufficient Measure R Funds available for the Project, LACMTA may suspend or terminate this FA by giving written notice to GRANTEE at least thirty (30) days in advance of the effective date of such suspension or termination. If a Project is suspended or terminated pursuant to this section, LACMTA will not reimburse GRANTEE any costs incurred after that suspension or termination date, except those costs necessary to: (i) to return any facilities modified by the Project construction to a safe and operable state; and (ii) suspend or terminate the construction contractor’s control over the Project. LACMTA’s share of these costs will be consistent with the established funding percentages outlined in this FA.
3. INVOICE BY GRANTEE
Unless otherwise stated in this FA, the Quarterly Progress/ Expenditure Report, with supporting documentation of expenses, Project progress and other documents as required, which has been pre-approved by LACMTA, all as described in Part II, Section 6.1 of this FA, shall satisfy LACMTA invoicing requirements. Grantee shall only submit for payment the LACMTA pre-approved Quarterly Progress/ Expenditure Report Packets to the LACMTA Project Manager at the email address shown in Part I and to LACMTA Accounts Payable Department as shown below.
Submit invoice with supporting documentation to:
[email protected] (preferable)
or
mail to:
Los Angeles County Metropolitan Transportation Authority Accounts Payable
P. O. Box 512296
Los Angeles, CA 90051-0296
All invoice material must contain the following information:
Re: LACMTA Project ID# MR306.59 and FA# FA9200000000MR30659 Julio Perucho; Mail Stop 99-18-2
City Council Regular Meeting - Page 548 of 582
FTIP #: LA9918793
Subregion ID: I-710 Early Action Projects (Gateway
Cities)
Project#: MR306.59
FA# 9200000000MR30659
Rev: 10.28.2022 8 Measure R Funding Agreement – Highways – General
4. USE OF FUNDS
4.1 GRANTEE shall utilize the Funds to complete the Project as described in the Scope of Work and in accordance with the Reporting and Expenditure Guidelines and the specifications for use for the transportation purposes described in the Ordinance.
4.2 Attachment C shall constitute the agreed upon Scope of Work between LACMTA and GRANTEE for the Project. The Funds, as granted under this FA, can only be used towards the completion of the Scope of Work detailed in Attachment C.
4.3 GRANTEE shall not use the Funds to substitute for any other funds or projects not specified in this FA. Further, GRANTEE shall not use the Funds for any expenses or activities above and beyond the approved Scope of Work (Attachment C) without an amendment to the FA approved and signed by the LACMTA Chief Executive Officer or his Designee. To the extent LACMTA provides GRANTEE with bond or commercial paper proceeds, such Funds may not be used to reimburse for any costs that jeopardize the tax exempt nature of such financings as reasonably determined by LACMTA and its bond counsel.
4.4 GRANTEE must use the Funds in the most cost-effective manner. If GRANTEE intends to use a consultant or contractor to implement all or part of the Project, LACMTA requires that such activities be procured in accordance with GRANTEE’s contracting procedures and consistent with State law as appropriate. GRANTEE will also use the Funds in the most cost-effective manner when the Funds are used to pay “in-house” staff time. This effective use of funds provision will be verified by LACMTA through on- going Project monitoring and through any LACMTA interim and final audits.
4.5 GRANTEE’S employee, officers, councilmembers, board member, agents, or consultants (a “GRANTEE Party”) are prohibited from participating in the selection, award, or administration of a third-party contract or sub-agreement supported by the Funds if a real or apparent conflict of interest would be involved. A conflict of interest would include, without limitation, an organizational conflict of interest or when any of the following parties has a financial or other interest in any entity selected for award: (a) a GRANTEE Party (b) any member of a GRANTEE Party’s immediate family, (c) a partner of a GRANTEE Party; (d) any organization that employs or intends to employ any of the above. This conflict of interest provision will be verified by LACMTA through on-going Project monitoring and through any LACMTA interim and final audits.
4.6 If a facility, equipment (such as computer hardware or software), vehicle or property, purchased or leased using the Funds, ceases to be used for the proper use as originally stated in the Scope of Work, or the Project is discontinued, any Funds expended for that purpose must be returned to LACMTA as follows: GRANTEE shall be required to repay the Funds in proportion to the useful life remaining and in an equal proportion of the grant to GRANTEE Funding Commitment ratio.
4.7 If the Project requires the implementation of an Intelligent Transportation Systems (“ITS”) project, GRANTEE shall ensure the Project is consistent with the Regional ITS Architecture. Attachment E-1, the Los Angeles County Regional ITS City Council Regular Meeting - Page 549 of 582
FTIP #: LA9918793
Subregion ID: I-710 Early Action Projects (Gateway
Cities)
Project#: MR306.59
FA# 9200000000MR30659
Rev: 10.28.2022 9 Measure R Funding Agreement – Highways – General
Architecture (CONNECT-IT) Consistency Self-Certification Form, must be completed and signed for planned ITS projects and/or ITS projects that use local, state, or federal funds programmed or administered through LACMTA. Refer to www.laconnect-it.com to find information about the CONNECT-IT Service Packages.
4.8 If any parking facilities are designed and/or constructed using the Funds, GRANTEE shall coordinate with LACMTA parking program staff (see www.metro.net for staff listing) in the planning, design and management of the facility and shall ensure that its implementation is consistent with the LACMTA adopted parking policy.
For the parking policy, see
http://media.metro.net/projects_studies/call_projects/images/09%20Appendix%20D%20Pa rking%20Policy.pdf
5. REIMBURSEMENT OF FUNDS
Funds will be released on a reimbursement basis in accordance with invoices submitted in support of the Quarterly Progress/Expenditure Reports. LACMTA will make all disbursements electronically unless an exception is requested in writing. Reimbursements via Automated Clearing House (ACH) will be made at no cost to GRANTEE. GRANTEE must register in LACMTA’s iSupplier portal and submit an application before grant payments can be made.
The link to the portal can be found at http://media.metro.net/uploads/EBB/Vendor Portal Registration.pdf. GRANTEE must provide detailed supporting documentation with its Quarterly Progress/Expenditure Reports. GRANTEE Funding Commitment, if any, must be spent in direct proportion to the Funds with each quarter’s payment.
6. REPORTING AND AUDIT REQUIREMENTS/PAYMENT ADJUSTMENTS
6.1 GRANTEE shall submit the draft of Quarterly Progress/Expenditure Report (Attachment D-2) within sixty (60) days after the close of each quarter on the last day of the months November, February, May and August to the LACMTA Project Manager for review and pre-approval of the applicable report. LACMTA Project Manager shall review and respond in writing to the draft Quarterly Progress/Expenditure Reports within thirty (30) calendar days from receipt. Grantee shall submit the LACMTA pre-approved Quarterly Progress/Expenditure Report no later than five (5) days after receipt of LACMTA’s written approval. Should GRANTEE fail to submit either the draft or pre-approved reports within five (5) days of the due date and/or submit incomplete reports, LACMTA will not reimburse GRANTEE until the completed required reports are received, reviewed, and approved. The Quarterly Progress/Expenditure Reports shall include all appropriate documentation (such as contractor invoices, timesheets, receipts, etc.), and any changes to interim milestone dates that do not impact the final milestone date. All supporting documents must include a clear justification and explanation of their relevance to the Project. If no activity has occurred during a particular quarter, GRANTEE will still be required to submit the Quarterly Progress/Expenditure Reports indicating no dollars were expended that quarter. If a request for reimbursement exceeds $500,000 in a single month, then GRANTEE can submit such an invoice once per month with supporting documentation. Expenses that are not invoiced to LACMTA Accounts Payable City Council Regular Meeting - Page 550 of 582
FTIP #: LA9918793
Subregion ID: I-710 Early Action Projects (Gateway
Cities)
Project#: MR306.59
FA# 9200000000MR30659
Rev: 10.28.2022 10 Measure R Funding Agreement – Highways – General
within ninety (90) days after the lapsing date specified in Part II, Section 9.1 below are not eligible for reimbursement.
6.2 GRANTEE shall submit the Project expenditure estimates for the subsequent fiscal year by February of each year. LACMTA will use the estimates to determine the Project budget for the upcoming fiscal year.
6.3 LACMTA, and/or its designee, shall have the right to conduct audits of the Project as deemed appropriate, such as financial and compliance audits, interim audits, pre- award audits, performance audits and final audits. LACMTA will commence a final audit within six months of receipt of acceptable final invoice, provided the Project is ready for final audit (meaning all costs and charges have been paid by GRANTEE and invoiced to LACMTA, and such costs, charges and invoices are properly documented and summarized in the accounting records to enable an audit without further explanation or summarization including actual indirect rates for the period covered by the FA period under review).
GRANTEE agrees to establish and maintain proper accounting procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles (GAAP). GRANTEE shall reimburse LACMTA for any expenditure not in compliance with the Scope of Work and/or not in compliance with other terms and conditions of this FA. The allowability of costs for GRANTEE’s own expenditures submitted to LACMTA for this Project shall be in compliance with Office of Management and Budget (OMB) Circular A-87. The allowability of costs for GRANTEE’s contractors, consultants and suppliers expenditures submitted to LACMTA through GRANTEE’s Quarterly Progress/Expenditures shall be in compliance with OMB Circular A-87 or Federal Acquisition Regulation (FAR) Subpart 31 and 2 CFR Subtitle A, Chapter II, Part 225 (whichever is applicable). Findings of the LACMTA audit are final. When LACMTA audit findings require GRANTEE to return monies to LACMTA, GRANTEE agrees to return the monies within thirty (30) days after the final audit is sent to GRANTEE.
6.4 GRANTEE’s records shall include, without limitation, accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files (including documentation covering negotiated settlements), invoices, and any other supporting evidence deemed necessary by LACMTA to substantiate charges related to the Project (all collectively referred to as “records”). Such records shall be open to inspection and subject to audit and reproduction by LACMTA auditors or authorized representatives to the extent deemed necessary by LACMTA to adequately permit evaluation of expended costs. Such records subject to audit shall also include, without limitation, those records deemed necessary by LACMTA to evaluate and verify, direct and indirect costs, (including overhead allocations) as they may apply to costs associated with the Project.
These records must be retained by GRANTEE for three years following final payment under this Agreement. Payment of retention amounts shall not occur until after the LACMTA’s final audit is completed.
6.5 GRANTEE shall cause all contractors to comply with the requirements of Part II, Section 5, paragraphs 6.2 and 6.3 above. GRANTEE shall cause all contractors to cooperate fully in furnishing or in making available to LACMTA all records deemed necessary by LACMTA auditors or authorized representatives related to the Project.
City Council Regular Meeting - Page 551 of 582
FTIP #: LA9918793
Subregion ID: I-710 Early Action Projects (Gateway
Cities)
Project#: MR306.59
FA# 9200000000MR30659
Rev: 10.28.2022 11 Measure R Funding Agreement – Highways – General
6.6 LACMTA or any of its duly authorized representatives, upon reasonable written notice, shall be afforded access to all GRANTEE’S records and its contractors related to the Project, and shall be allowed to interview any employee of GRANTEE and its contractors through final payment to the extent reasonably practicable.
6.7 LACMTA or any of its duly authorized representatives, upon reasonable written notice, shall have access to the offices of GRANTEE and its contractors, shall have access to all necessary records, including reproduction, at no charge to LACMTA, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the terms and conditions of this FA.
6.8 When business travel associated with the Project requires use of a vehicle, the mileage incurred shall be reimbursed at the mileage rates set by the Internal Revenue Service, as indicated in the United States General Services Administration Federal Travel Regulation, Privately Owned Vehicle Reimbursement Rates.
6.9 GRANTEE shall be responsible for ensuring all contractors/ subcontractors for the Project comply with the terms of the Ordinance. GRANTEE shall cooperate with LACMTA Management Audit Services Department such that LACMTA can meet its obligations under the Ordinance.
6.10 GRANTEE shall certify each invoice by reviewing all subcontractor costs and maintaining internal control to ensure that all expenditures are allocable, allowable and reasonable and in accordance with OMB A-87 or FAR subpart 31 and 2 CFR Subtitle A, Chapter II, part 225, (whichever is applicable) and the terms and conditions of this FA.
6.11 GRANTEE shall also certify final costs of the Project to ensure all costs are in compliance with OMB A-87 or FAR subpart 31 and 2 CFR Subtitle A, Chapter II, part 225, (whichever is applicable) and the terms and conditions of this FA.
6.12 In addition to LACMTA’s other remedies as provided in this FA, LACMTA may withhold the Funds if the LACMTA audit has determined that GRANTEE failed to comply with the Scope of Work (such as misusing Funds or failure to return Funds owed to LACMTA in accordance with LACMTA audit findings) and /or is severely out of compliance with other terms and conditions as defined by this FA, including the access to records provisions of Part II, Section 6.
7. GRANT
This is a one-time only grant of the Measure R Funds subject to the terms and conditions agreed to herein. This grant does not imply nor obligate any future funding commitment on the part of LACMTA.
City Council Regular Meeting - Page 552 of 582
FTIP #: LA9918793
Subregion ID: I-710 Early Action Projects (Gateway
Cities)
Project#: MR306.59
FA# 9200000000MR30659
Rev: 10.28.2022 12 Measure R Funding Agreement – Highways – General
8. SOURCES AND DISPOSITION OF FUNDS
8.1 The obligation for LACMTA to grant the Funds for the Project is subject to sufficient Funds being made available for the Project by the LACMTA Board of Directors. If such Funds are not made available as anticipated from Measure R Program revenues, LACMTA will have the right to adjust the cash flow accordingly until such funds become available. LACMTA shall have no obligation to provide any other funds for the Project, unless otherwise agreed to in writing by LACMTA.
8.2 GRANTEE shall fully fund and contribute the Grantee Funding Commitment, if any is identified in the Project Funding (Attachment A), towards the cost of the Project. If the Funds identified in Attachment A are insufficient to complete the Project, GRANTEE may request additional Measure R funds from its sub-region earmark pending support of the sub-region’s Governing Board. A particular sub-region’s Measure R funds are limited to the amount specified in the Ordinance and is still subject to approval of the LACMTA Board. Nothing in this FA shall obligate, or be construed to obligate, the LACMTA Board to approve such request for additional funds. If the Funds are still insufficient to complete the Project, GRANTEE agrees to secure and provide such additional non-LACMTA programmed funds necessary to complete the Project.
8.3 GRANTEE shall be responsible for any and all cost overruns for the Project pursuant to Section 8.2.
8.4 GRANTEE shall be eligible for the Funds up to the grant amount specified in Part I, Section 2 of this FA subject to the terms and conditions contained herein.
Any Funds expended by GRANTEE prior to the Effective Date of this FA shall not be reimbursed nor shall they be credited toward the GRANTEE Funding Commitment requirement, without the prior written consent of LACMTA. GRANTEE Funding Commitment dollars expended prior to the year the Funds are awarded shall be spent at GRANTEE’s own risk, or as delineated in a Letter of No Prejudice executed by the prospective GRANTEE and LACMTA.
8.5 If GRANTEE receives outside funding for the Project in addition to the Funds identified in the Project Funding and the Expenditure Plan at the time this grant was awarded, this FA shall be amended to reflect such additional funding. If, at the time of final invoice or voucher, funding for the Project (including the Funds, GRANTEE Funding Commitment, and any additional funding) exceeds the actual Project costs, then the cost savings shall be applied in the same proportion as the sources of funds from each party to this FA as specified in the Project Funding and both the Funds and GRANTEE Funding Commitment required for the Project shall be reduced accordingly. LACMTA shall have the right to use any cost savings associated with the Funds at its sole discretion, including, without limitation, programming the unused Funds to another project or to another grantee. If, at the time of final voucher, it is determined that GRANTEE has received Funds in excess of what GRANTEE should have received for the Project, GRANTEE shall return such overage to LACMTA within 30 days from final voucher.
9. TIMELY USE OF FUNDS / REPROGRAMMING OF FUNDS
City Council Regular Meeting - Page 553 of 582
FTIP #: LA9918793
Subregion ID: I-710 Early Action Projects (Gateway
Cities)
Project#: MR306.59
FA# 9200000000MR30659
Rev: 10.28.2022 13 Measure R Funding Agreement – Highways – General
9.1 GRANTEE must demonstrate timely use of the Funds by:
(i) Executing this FA within ninety (90) days of receiving formal transmittal of the FA from LACMTA, or by December 31 of the first Fiscal Year in which the Funds are programmed, whichever date is later; and
(ii) Executing Contracts for Construction or Capital purchase within twelve (12) months from the date of completion of design; and (iii) Delivering Work in accordance with schedule; changes to the schedule will require an Amendment to Attachment C to reflect updated milestone dates. Meeting the Project milestone due dates as agreed upon by the LACMTA and GRANTEE in
Attachment C (Scope of Work) of this FA; and
(iv) Submitting the Quarterly Progress/Expenditure Reports as described in Part II, Section 6.1 of this FA; and
(v) Expending the Funds granted under this FA for allowable costs within three years or 36 months from July 1 of the Fiscal Year in which the Funds are programmed, unless otherwise stated in this FA. All Funds programmed for FY 2021-22 are subject to lapse by June 30, 2024. All Funds programmed for FY 2022-23 are subject to lapse by June 30, 2025.
9.2 In the event that the timely use of the Funds is not demonstrated as described in Part II, Section 9.1 of this FA, the Project will be reevaluated by LACMTA and the Funds may be reprogrammed to another project by the LACMTA Board of Directors in accordance with the Ordinance. In the event that all the Funds are reprogrammed, this FA shall automatically terminate.
10. DEFAULT
A Default under this FA is defined as any one or more of the following: (i) GRANTEE fails to comply with the terms and conditions contained herein; and/or (ii) GRANTEE fails to perform satisfactorily or make material changes, as determined by LACMTA at its sole discretion, to the Expenditure Plan, the Scope of Work, or the Project Funding without LACMTA’s prior written consent or approval as provided herein.
11. REMEDIES
11.1 In the event of a Default by GRANTEE, LACMTA shall provide written notice of such Default to GRANTEE with a 30-day period to cure the Default. In the event GRANTEE fails to cure the Default, or commit to cure the Default and commence the same within such 30-day period to the satisfaction of LACMTA, LACMTA shall have the following remedies: (i) LACMTA may terminate this FA; (ii) LACMTA may make no further disbursements of Funds to GRANTEE; and/or (iii) LACMTA may recover from GRANTEE any Funds disbursed to GRANTEE as allowed by law or in equity.
City Council Regular Meeting - Page 554 of 582
FTIP #: LA9918793
Subregion ID: I-710 Early Action Projects (Gateway
Cities)
Project#: MR306.59
FA# 9200000000MR30659
Rev: 10.28.2022 14 Measure R Funding Agreement – Highways – General
11.2 Effective upon receipt of written notice of termination from LACMTA, GRANTEE shall not undertake any new work or obligation with respect to this FA unless so directed by LACMTA in writing. Any Funds expended after termination shall be the sole responsibility of GRANTEE.
11.3 The remedies described herein are non-exclusive. LACMTA shall have the right to enforce any and all rights and remedies herein or which may be now or hereafter available at law or in equity.
12. COMMUNICATIONS
12.1 GRANTEE shall ensure that all Communication Materials contain recognition of LACMTA’s contribution to the Project as more particularly set forth in “Funding Recipient Communications Guidelines” available online at http://metro.net/partners-civic. The Funding Recipient Communications Guidelines may be changed from time to time during the course of this Agreement. GRANTEE shall be responsible for complying with the latest Funding Recipient Communications Guidelines during the term of this Agreement, unless otherwise specifically authorized in writing by the LACMTA Chief Communications Officer.
12.2 For purposes of this Agreement, “Communications Materials” include, but are not limited to, press events, public and external newsletters, printed materials, advertising, websites radio and public service announcements, electronic media, and construction site signage. A more detailed definition of “Communications Materials” is found in the Funding Recipient Communications Guidelines.
12.3 The Metro logo is a trademarked item that shall be reproduced and displayed in accordance with specific graphic guidelines. The preferred logo lock-up for Funding Recipients to use is included in the Funding Recipient Communications Guidelines.
12.4 GRANTEE shall ensure that any subcontractor, including, but not limited to, public relations, public affairs, and/or marketing firms hired to produce Project Communications Materials for public and external purposes will comply with the requirements contained in this Section.
12.5 The LACMTA Project Manager shall be responsible for monitoring GRANTEE’s compliance with the terms and conditions of this Section. GRANTEE’s failure to comply with the terms of this Section shall be deemed a default hereunder and LACMTA shall have all rights and remedies set forth herein.
13. OTHER TERMS AND CONDITIONS
13.1 This FA, along with its Attachments, constitutes the entire understanding between the parties, with respect to the subject matter herein. The FA shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original FA or the same level of authority. Adoption of revisions or City Council Regular Meeting - Page 555 of 582
FTIP #: LA9918793
Subregion ID: I-710 Early Action Projects (Gateway
Cities)
Project#: MR306.59
FA# 9200000000MR30659
Rev: 10.28.2022 15 Measure R Funding Agreement – Highways – General
supplements to the Guidelines shall cause such revisions or supplements to become incorporated automatically into this Agreement as though fully set forth herein.
13.2 GRANTEE is obligated to continue using the Project dedicated to the public transportation purposes for which the Project was initially approved. The Project right- of-way, the Project facilities constructed or reconstructed on the Project site, and/or Project property purchased, excluding construction easements and excess property (whose proportionate proceeds shall be distributed in an equal proportion of the grant to GRANTEE Funding Commitment ratio), shall remain dedicated to public transportation use in the same proportion and scope and to the same extent as described in this FA. Equipment acquired as part of the Project, including office equipment, vehicles, shall be dedicated to that use for their full economic life cycle, including any extensions of that life cycle achieved by reconstruction, rehabilitation, or enhancements.
13.3 In the event that there is any legal court (e.g., Superior Court of the State of California, County of Los Angeles, or the U.S. District Court for the Central District of California) proceeding between the parties to enforce or interpret this FA, to protect or establish any rights or remedies hereunder, the prevailing party shall be entitled to its costs and expenses, including reasonable attorney’s fees.
13.4 Neither LACMTA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or committed to be done by GRANTEE under or in connection with any work performed by and or service provided by GRANTEE, its officers, agents, employees, contractors and subcontractors under this FA. GRANTEE shall fully indemnify, defend and hold LACMTA and its subsidiaries, and its officers, agents and employees harmless from and against any liability and expenses, including without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of risk of property, any environmental obligation, any legal fees and any claims for damages of any nature whatsoever arising out of the Project, including without limitation: (i) use of the Funds by GRANTEE, or its officers, agents, employees, contractors or subcontractors; (ii) breach of GRANTEE’s obligations under this FA; or (iii) any act or omission of GRANTEE, or its officers, agents, employees, contractors or subcontractors in the performance of the work or the provision of the services, in connection with the Project including, without limitation, the Scope of Work, described in this FA.
13.5 Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, acts of a public enemy, and government acts beyond the control and without fault or negligence of the affected party. Each party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this FA.
13.6 GRANTEE shall comply with and ensure that work performed under this FA is done in compliance with Generally Accepted Accounting Principles (GAAP), all applicable provisions of federal, state, and local laws, statutes, ordinances, rules, regulations, and procedural requirements including Federal Acquisition Regulations (FAR), and the City Council Regular Meeting - Page 556 of 582
FTIP #: LA9918793
Subregion ID: I-710 Early Action Projects (Gateway
Cities)
Project#: MR306.59
FA# 9200000000MR30659
Rev: 10.28.2022 16 Measure R Funding Agreement – Highways – General
applicable requirements and regulations of LACMTA. GRANTEE acknowledges responsibility for obtaining copies of and complying with the terms of the most recent federal, state, or local laws and regulations, and LACMTA requirements including any amendments thereto.
13.7 GRANTEE agrees that the applicable requirements of this FA shall be included in every contract entered into by GRANTEE or its contractors relating to work performed under this FA and LACMTA shall have the right to review and audit such contracts.
13.8 GRANTEE shall not assign this FA, or any part thereof, without prior approval of the LACMTA Chief Executive Officer or his designee. Any assignment by GRANTEE without said prior consent by LACMTA shall be void and unenforceable.
13.9 This FA shall be governed by California law. If any provision of this FA is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
13.10 The covenants and agreements of this FA shall inure to the benefit of, and shall be binding upon, each of the parties and their respective successors and assigns.
13.11 GRANTEE will advise LACMTA prior to any key Project staffing changes.
Notice will be given to the parties at the address specified in Part I, unless otherwise notified in writing of change of address.
13.12 GRANTEE, in the performance of the work described in this FA, is not a contractor nor an agent or employee of LACMTA. GRANTEE attests to no organizational or personal conflicts of interest and agrees to notify LACMTA immediately in the event that a conflict, or the appearance thereof, arises. GRANTEE shall not represent itself as an agent or employee of LACMTA and shall have no powers to bind LACMTA in contract or otherwise.
City Council Regular Meeting - Page 557 of 582
FTIP #: LA9918793
SOURCES OF FUNDS Prior Years FY2021-22 FY2022-23 FY2023-24 FY2024-25 FY2025-26 Total Budget
% of Budget
LACMTA PROGRAMMED FUNDING
MEASURE R FUNDS 1,026,537$ 1,600,000$ 2,626,537$
LACMTA PROGRAMMED FUNDS BY
YEAR SUBTOTAL -$ 1,026,537$ 1,600,000$ -$ -$ -$ 2,626,537$ 100% OTHER SOURCES OF FUNDING:
LOCAL: -$ 0%
STATE: -$ 0%
FEDERAL: -$ 0%
PRIVATE OR OTHER: -$ 0% OTHER FUNDING SUBTOTAL -$ -$ -$ -$ -$ -$ -$ 0% TOTAL PROJECT FUNDS -$ 1,026,537$ 1,600,000$ -$ -$ -$ 2,626,537$ 100%
ATTACHMENT A - PROJECT FUNDING
Measure R Program - Funding Agreement Projects - FA# 9200000000MR30659 Project Title: Imperial Highway Capacity Enhancements Project Project#: MR306.59
PROGRAMMED BUDGET - SOURCES OF FUNDS
Rev. 05.03.19 FA Measure R Hwys Gen Attachment A Project Funds City Council Regular Meeting - Page 558 of 582
FTIP #: LA9918793
Subregion ID: I-710 Early Action Projects (Gateway
Cities)
Project#: MR306.59
FA# 9200000000MR30659
Rev: 11-1-14 1 FA Measure R Hwys Sub Attachment B
Measure R Expenditure Guidelines
ATTACHMENT B
MEASURE R EXPENDITURE PLAN GUIDELINES
PROJECT DEVELOPMENT AND RIGHT OF WAY
State Law Requires All Measure R Project and Program Sponsors to Submit an Expenditure Plan
To be eligible to receive Measure R revenues, an agency sponsoring a capital project or program must by state law (AB 2321) submit an expenditure plan that is acceptable to the Los Angeles County Metropolitan Transportation Authority (LACMTA). Pursuant to this law, LACMTA cannot release Measure R funds to capital project or program sponsors until an expenditure plan containing the following elements is submitted, reviewed and deemed satisfactory by LACMTA. LACMTA staff will request that an expenditure plan be submitted before making a recommendation to the LACMTA Board to program funds to that project:
o The estimated total cost for each project and program and/or each project or program activity;
o Funds other than Measure R that the project or program sponsor anticipates will be expended on the projects and programs and/or each project or program activity; o The schedule during which the project sponsor anticipates funds will be available for each project and program and/or each project or program activity; and, o The expected completion dates for each project and program and/or project or program activity.
Each of the above elements must be provided in enough detail to determine consistency with Measure R, the Long Range Transportation Plan for Los Angeles County, and the Los Angeles County Transportation Improvement Program (also a statutorily mandated function), as follows:
o Project or program scope of work, including sufficient information to determine funding eligibility, including, but not limited to, the anticipated proportional use of current rail rights-of-way, state highways, and below-ground subways versus any other rights-of-way or above-ground work;
o A current-year cost estimate breakdown of the major sub-elements of the project such as overhead, environmental and permit work, design and engineering, right-of-way, construction/installation (including maintenance facilities, rail yard, equipment and other major components), construction/installation support, interest costs, rolling stock, and other supporting components;
o Any extraordinary project cost escalation issues, such as extraordinary commodity, right- of-way, surety, energy costs, etc.;
o A specific and accurate description of the source, commitment, and anticipated annual availability of any federal, state, local, or private funding identified for the project if applicable including a 3% local funding contribution to rail projects if indicated in Measure R and necessary to meet project expenses, and if the source funds are in current or year-of-expenditure dollars;
City Council Regular Meeting - Page 559 of 582
FTIP #: LA9918793
Subregion ID: I-710 Early Action Projects (Gateway
Cities)
Project#: MR306.59
FA# 9200000000MR30659
Rev: 11-1-14 2 FA Measure R Hwys Sub Attachment B
Measure R Expenditure Guidelines
o An annual schedule, in current dollars, of anticipated costs by the cost estimate categories described above; and;
o The expected completion by month and year of project or program completion.
Below is an excerpt of AB 2321 (2008, Feuer), the state legislation that requires the expenditure plan.
What AB 2321 (2008, Feuer) Says About the Expenditure Plan:
Section b (3) B
(f) Prior to submitting the ordinance to the voters, the MTA shall adopt an expenditure plan for the net revenues derived from the tax. The expenditure plan shall include, in addition to other projects and programs identified by the MTA, the specified projects and programs listed in paragraph (3) of subdivision (b), the estimated total cost for each project and program, funds other than the tax revenues that the MTA anticipates will be expended on the projects and programs, and the schedule during which the MTA anticipates funds will be available for each project and program. The MTA shall also identify in its expenditure plan the expected completion dates for each project described in subparagraph (A) of paragraph (3) of subdivision (b). To be eligible to receive revenues derived from the tax, an agency sponsoring a capital project or capital program shall submit to te MTA an expenditure plan for its project or program containing the same elements as the expenditure plan that MTA is required by this subdivision to prepare.
(k) No later than 365 days prior to the adoption of an amendment described in paragraph (1) to an expenditure plan adopted pursuant to subdivision (f), including, but not limited to, the expenditure plan adopted by the MTA board as "Attachment A" in Ordinance #08-01 adopted by the board on July 24, 2008, and in addition to any other notice requirements in the proposing ordinance, the board shall notify the Members of the Legislature representing the County of Los Angeles of all of the following:
(1) A description of the proposed amendments to the adopted expenditure plan that would do any of the following:
(A) Affect the amount of net revenues derived from the tax imposed pursuant to this act that is proposed to be expended on a capital project or projects identified in the adopted expenditure plan.
(B) Affect the schedule for the availability of funds proposed to be expended on a capital project or projects identified in the adopted expenditure plan. (C) Affect the schedule for the estimated or expected completion date of a capital project or projects identified in the adopted expenditure plan.
(2) The reason for the proposed amendment.
(3) The estimated impact the proposed amendment will have on the schedule, cost, scope, or timely availability of funding for the capital project or projects contained in the adopted expenditure plan.
City Council Regular Meeting - Page 560 of 582
SOURCES OF FUNDS FY 2023-24
Qtr 1
FY 2023-24
Qtr 2
FY 2023-24
Qtr 3
FY 2023-24
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:
MEASURE R FUNDS:
PAED $0
PS&E $0
RW Support $0
Const. Support $100,000 $150,000 $50,000 $300,000
RW $0
Construction $700,000 $1,200,000 $426,537 $2,326,537
Total MEASURE R $800,000 $1,350,000 $476,537 $0 $2,626,537 SUM PROG LACMTA FUNDS: $800,000 $1,350,000 $476,537 $0 $2,626,537 SUM NON-LACMTA FUNDS : $0 $0 $0 $0 $0
PROJECT FUNDING
FY22-23 and FY23-24 $800,000 $1,350,000 $476,537 $0 $2,626,537
SUMMARY OF ALL FUNDS
PAED $0 $0 $0 $0 $0
PS&E $0 $0 $0 $0 $0
RW Support $0 $0 $0 $0 $0
Const. Support $100,000 $150,000 $50,000 $0 $300,000
RW $0 $0 $0 $0 $0
Construction $700,000 $1,200,000 $426,537 $0 $2,326,537 TOTAL MILESTONES $800,000 $1,350,000 $476,537 $0 $2,626,537 SUM PROG LACMTA FUNDS $800,000 $1,350,000 $476,537 $0 $2,626,537 SUM NON-LACMTA FUNDS $0 $0 $0 $0 $0
TOTAL PROJECT FUNDING $800,000 $1,350,000 $476,537 $0 $2,626,537 ATTACHMENT B-1 - EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure R Program - Funding Agreement Projects - FA# 9200000000MR0659 Project Title: Imperial Highway Capacity Enhancements Project Project#: MR06.59
PROGRAMMED SOURCES OF FUNDS
City Council Regular Meeting - Page 561 of 582
FTIP #: LA9918793
Subregion ID: I-710 Early Action Projects (Gateway
Cities)
Project#: MR306.59
FA# 9200000000MR30659
Rev: 05.03.19 1 FA Measure R Hwys Gen Attachment C Scope of Work
ATTACHMENT C
SCOPE OF WORK
PROJECT TITLE:
Imperial Highway Corridor Capacity Enhancements.
PROJECT LOCATION:
The project is located along the Imperial Highway in the Cities of Lynwood and South Gate, in Los Angeles County.
PROJECT LIMITS:
This project limits are between State Street and Wright Road along Imperial Highway.
NEXUS TO HIGHWAY OPERATION, DEFINITION/PROJECT PURPOSE:
The purpose of this project is to implement a range of improvements to the existing intersections to improve their operation. Improvements are needed at the intersections to relieve congestion along Imperial Highway. The City of Lynwood is proposing improvements to Imperial Highway between State Street and Wright Road in the Cities of Lynwood and South Gate as part of the I-710 Corridor Improvement Project Early Action Program.
PROJECT BUDGET:
COMPONENT AMOUNT
Construction Support $300,000.00
Construction Capital $2,326,537.39
Total Budget $2,626,537.39
SCOPE:
The Project includes 11 synchronized intersections of which 6 intersections include additional geometric improvements, as described herein:
1. Imperial Highway at State Street
Increasing storage lengths for the eastbound and westbound left -turn lanes. Modifications to the raised medians along State Street and Imperial Highway to increase the storage lengths for each turn movement. Continental crosswalks composed of thick vertical striping are proposed to increase visibility for pedestrians.
2. Imperial Highway at Plaza Mexico Driveway
3. Imperial Highway at Long Beach Boulevard
Increasing storage lengths for the eastbound and westbound left -turn lanes and the addition of an eastbound right turn lane. The increased storage length for the westbound left -turn movement is provided by proposing an additional left -turn lane. To accommodate the additional westbound left -turn lane, removal of on -street parking has been proposed along Imperial Highway in the westbound direction. Traffic signal heads would also be modified to accommodate for the additional left turn lane. A 2 -foot raised median along Imperial Highway is proposed to restrict left turn movements from exitin g from the driveway in the southeast corner of the intersection. Continental crosswalks composed of thick vertical striping are proposed to increase visibility for pedestrians.
City Council Regular Meeting - Page 562 of 582
FTIP #: LA9918793
Subregion ID: I-710 Early Action Projects (Gateway
Cities)
Project#: MR306.59
FA# 9200000000MR30659
Rev: 05.03.19 2 FA Measure R Hwys Gen Attachment C Scope of Work
4. Imperial Highway at California Ave
Increasing storage length for the southb ound, eastbound, and westbound left turn lanes.
Continental crosswalks composed of thick vertical striping are proposed to reduce pedestrian accidents.
5. Imperial Highway at Los Flores Boulevard
6. Imperial Highway at Martin Luther King Jr. Boulevard
7. Imperial Highway at Bullis Road
Additional westbound left turn lane to increase the storage length for the westbound left turn movement. To accommodate for the additional left turn lane, an additional receiving lane along southbound Bullis Road has been propose d, reducing on-street parking. Traffic signal heads will also need to be modified to accommodate for the additional left turn lane.
8. Imperial Highway at Cornish Avenue
9. Imperial Highway at Jackson Avenue
10. Imperial Highway at Atlantic Avenue
Increasing storage length for the northbound left, northbound right, and southbound left turn movements. Modifications to the raised median along Atlantic Avenue has been proposed to increase the storage length. Continental crosswalks are proposed to incre ase visibility for pedestrians.
11. Imperial Highway at Wright Road
Shifting the southbound through -lane to be combined with the southbound right turn lane, allowing southbound dual left turn lanes. Upgrade of existing signage on the existing gantry are proposed to accommodate the reconfiguration of southbound lanes.
CONSTRUCTION:
Grantee expects to provide construction oversight, procure a consultant for construction management, award a contract for construction and to perform the following tasks:
A. Conduct a “Ground Breaking” ceremony for the project.
B. Contract with a separate engineering firm to provide Construction Management for the Project. This will be accomplished through an RFP.
C. Contract with a Contractor for construction.
D. Conduct a “Ribbon Cutting” ceremony at the completion of the Project.
The Design Consultant shall meet as needed with the Grantee to accomplish Project tasks as outlined. Meetings expected between the Consultant and Grantee shall include, but not be limited to, Pre-Construction Meeting, progress meetings and preparation of responses to RFIs.
CONSTRUCTION MILESTONES:
The implementation schedule for this project will be as follows:
START DATE COMPLETION DATE
SOLICITATION (BID/PROPOSAL)
Develop Solicitation Package August 2022 April 2023
Solicitation Response April 2023 May 2023
Evaluations May 2023 May 2023
Selection May 2023 June 2023
City Council Meeting Approval Process June 2023 June 2023 Contract Award June 2023 June 2023
Fully Executed Contract June 2023 July 2023
General Construction/close out project August 2023 February 2024
City Council Regular Meeting - Page 563 of 582
FTIP #: LA9918793
Subregion ID: I-710 Early Action Projects (Gateway
Cities)
Project#: MR306.59
FA# 9200000000MR30659
Rev: 05.03.19 3 FA Measure R Hwys Gen Attachment C Scope of Work
ATTACHMENT C – Location Map(s)
City Council Regular Meeting - Page 564 of 582
FTIP #: LA9918793
Subregion ID: I-710 Early Action Projects (Gateway
Cities)
Project#: MR306.59
FA# 9200000000MR30659
Rev: 06.18.2020 FA Measure R Hwys Gen Attachment D Project Reporting & Expenditure Guidelines
1 FA ATTACHMENT D
PROJECT REPORTING & EXPENDITURE GUIDELINES
REPORTING PROCEDURES
• Quarterly Progress/Expenditure Report (Attachment D-2) are required for all projects.
The GRANTEE shall be subject to and comply with all applicable requirements of the funding agency regarding project-reporting requirements. In addition, GRANTEE will submit the Quarterly Expenditure Report to the LACMTA, after receiving LACMTA Project Manager’s acceptance of the draft report, at
[email protected] or by mail to Los Angeles Metropolitan Transportation Authority, Accounts Payable, P. O. Box 512296, Los Angeles, California 90051-0296. Please note that letters or other forms of documentation may not be substituted for this form.
• The Quarterly Progress/Expenditure Report covers all activities related to the project and lists all costs incurred. It is essential that GRANTEE provides complete and adequate response to all the questions. The expenses listed must be supported by appropriate documentation with a clear explanation of the purpose and relevance of each expense to the project.
• In cases where there are no activities to report, or problems causing delays, clear explanation, including actions to remedy the situation, must be provided. • GRANTEE is required to track and report on the project schedule. LACMTA will monitor the timely use of funds and delivery of projects. Project delay, if any, must be reported each quarter.
• The draft Quarterly Progress/Expenditure Report is due to the LACMTA as soon as possible after the close of each quarter, but no later than the following dates for each fiscal year:
Quarter
Report Due Date
July –September November 30
October - December February 28
January - March May 31
April - June August 31
LACMTA Project Manager shall review and respond in writing to the draft Quarterly Expenditure Report within thirty (30) calendar days from receipt.
City Council Regular Meeting - Page 565 of 582
FTIP #: LA9918793
Subregion ID: I-710 Early Action Projects (Gateway
Cities)
Project#: MR306.59
FA# 9200000000MR30659
Rev: 06.18.2020 FA Measure R Hwys Gen Attachment D Project Reporting & Expenditure Guidelines
2 Upon completion of the Project a final report that includes project’s final evaluation must be submitted.
EXPENDITURE GUIDELINES
• Any activity or expense charged above and beyond the approved Scope of Work (FA Attachment C) is considered ineligible and will not be reimbursed by the LACMTA unless prior written authorization has been granted by the LACMTA Chief Executive Officer or his/her designee.
• Any expense charged to the grant must be clearly and directly related to the project. • Administrative cost is the ongoing expense incurred by the GRANTEE for the duration of the project and for the direct benefit of the project as specified in the Scope of Work (Attachment C). Examples of administrative costs are personnel, office supplies, and equipment. As a condition for eligibility, all costs must be necessary for maintaining, monitoring, coordinating, reporting and budgeting of the project. Additionally, expenses must be reasonable and appropriate to the activities related to the project. • LACMTA is not responsible for, and will not reimburse any costs incurred by the GRANTEE prior to the Effective Date of the FA, unless written authorization has been granted by the LACMTA Chief Executive Officer or his/her designee.
DEFINITIONS
• Allowable Cost: To be allowable, costs must be reasonable, recognized as ordinary and necessary, consistent with established practices of the organization, and consistent with industry standard of pay for work classification.
• Excessive Cost: Any expense deemed “excessive” by LACMTA staff would be adjusted to reflect a “reasonable and customary” level. For detail definition of “reasonable cost”, please refer to the Federal Register OMB Circulars A-87 Cost Principals for State and Local Governments; and A-122 Cost Principals for Nonprofit Organizations. • Ineligible Expenditures: Any activity or expense charged above and beyond the approved Scope of Work is considered ineligible.
City Council Regular Meeting - Page 566 of 582
Invoice #
QUARTERLY PROGRESS / EXPENSE REPORT Invoice Date
FA# 9200000000MR30659
Quarterly Report #
GRANTEES ARE REQUESTED TO EMAIL THIS REPORT TO
[email protected]
or submit by mail to:
Los Angeles County Metropolitan Transportation Authority Accounts Payable
P. O. Box 512296
Los Angeles, California 90051-0296
after the close of each quarter, but no later than November 30, February 28, May 31 and August 31. Please note that letters or other forms of documentation may not be substituted for this form. Refer to the Reporting and Expenditure Guidelines (Attachment D) for further information.
Grantee To Complete
LACMTA FA MEASURE R ATTACHMENT D-2
SECTION 1: QUARTERLY EXPENSE REPORT
Total Project Budget
-$
Project-to-Date Expenditure
Funds Expended to Date (Include this
Quarter)
Please itemize grant-related charges for this Quarter on Page 5 of this report and include totals in this Section.
Retention Amount
This Quarter Expenditure
Project Quarter Expenditure
Net Invoice Amount (Less Retention)
LACMTA Measure R Grant $
Balance Remaining
% of Project Budget Expended to Date
Rev: 05.28.21 1 FA Measure R Hwys Gen Attachment D-2 Quarterly Report City Council Regular Meeting - Page 567 of 582
PROJECT TITLE:
QUARTERLY REPORT SUBMITTED FOR:
Fiscal Year : 2020-2021 2021-2022 2022-2023
2023-2024 2024-2025 2025-2026
Quarter : Q1: Jul - Sep Q2: Oct - Dec
Q3: Jan - Mar Q4: Apr - Jun
DATE SUBMITTED:
LACMTA MODAL CATEGORY:
RSTI Pedestrian
TDM Goods Movement
Transit
Phone Number:
E-mail:
E-mail: [email protected]
Julio Perucho
9200000000MR30659
Signal Synchronization
Imperial Highway Capacity Enhancements Project
SECTION 2: GENERAL INFORMATION
Contact Name: Mir Fattahi
(213) 922-4387
Job Title:
Bicycle
Name:
FA #:
LACMTA Project Manager
Public Works Department
Acting City Engineer
Project Sponsor Contact / Project
Manager
Phone Number:
Mailing Address:
City of LynwoodCity / Agency:
(310) 603-0220
11750 Alameda St, Lynwood, CA 90262
Department:
Highways
[email protected]
Rev: 05.28.21 2 FA Measure R Hwys Gen Attachment D-2 Quarterly Report City Council Regular Meeting - Page 568 of 582
Start Date End Date
On schedule per original FA schedule Less than 12 months behind original schedule Between 12-24 months behind original schedule More than 24 months behind original schedule Yes No Not Applicable
Yes No Not Applicable
A. Based on the comparison of the original and actual project milestone schedules above, project is (select only one) :
B. Was the project design started within 6 months of the date originally stated in the FA? C. Was a construction contract or capital purchase executed within 9 months after completion of design / specifications?
2. PROJECT COMPLETION
Total Project Duration (Months)
Ribbon Cutting Event
Right-of-Way Acquisition
Start Date
Construction Bid & Award
Design
FA Milestones
SECTION 3 : QUARTERLY PROGRESS REPORT
Actual Schedule
End Date
1. DELIVERABLES & MILESTONES
Original FA Schedule in Scope of Work
List all deliverables and milestones as stated in the FA, with start and end dates. Calculate the total project duration. DO NOT CHANGE THE ORIGINAL FA MILESTONE START AND END DATES SHOWN IN THE 2 ND AND 3 RD COLUMNS BELOW.
Grantees must make every effort to accurately portray milestone dates in the original FA Scope of Work, since this will provide the basis for calculating any project delay.
If milestone start and/or end dates change from those stated in the Original FA Scope of Work, indicate the new dates under Actual Schedule below and re-calculate the project duration. However, this does not change the original milestones in your FA. PER YOUR FA AGREEMENT, ANY CHANGES TO THE PROJECT SCHEDULE MUST BE FORMALLY SUBMITTED UNDER SEPARATE COVER TO LACMTA FOR WRITTEN CONCURRENCE.
Design Bid & Award
Environmental Clearance
Construction
Ground Breaking Event
Rev: 05.28.21 3 FA Measure R Hwys Gen Attachment D-2 Quarterly Report City Council Regular Meeting - Page 569 of 582
3. TASKS / MILESTONES ACCOMPLISHED
If the project is delayed (as described in #4), include action items that have been, or will be, undertaken to resolve the delay.
4. PROJECT DELAY
If project is delayed, describe reasons for delay (this quarter). Pay particular attention to schedule delays. If delay is for the same reason as mentioned in previous quarters, please indicate by writing "Same as Previous Quarter".
5. ACTION ITEMS TO RESOLVE DELAY
List tasks or milestones accomplished and progress made this quarter.
Rev: 05.28.21 4 FA Measure R Hwys Gen Attachment D-2 Quarterly Report City Council Regular Meeting - Page 570 of 582
1 2
3 4
5 6
7 8
9 10
11 12
13 Invoice Payment Information:
LACMTA will make all disbursements electronically unless an exception is requested in writing.
ACH Payments require that you complete an ACH Request Form and fax it to Accounts Payable at 213-922-6107.
ACH Request Forms can be found at www.metro.net/callforprojects.
Written exception requests for Check Payments should be completed and faxed to Accounts Payable at 213-922-6107.
Signature Date
Name Title
stated in this report is true and correct.
All receipts, invoices, and time sheets, attached and included with this Expense Report must be listed and shown under the Invoice Number column of the Itemized Listing (above).
Note:
and that to the best of my knowledge and belief the information I certify that I am the responsible Project Manager or fiscal officer and representative of
TOTAL EXPENSES CHARGED TO LACMTA MEASURE R GRANT
SECTION 4: ITEMIZED LISTING OF EXPENSES AND CHARGES THIS QUARTER INVOICE #
All expenses and charges must be itemized and listed below. Each item listed must be verifiable by an invoice and/or other proper documentation. The total amounts shown here must be equal to this quarter’s expenditures listed on page 1 of this report. All expenses and charges must be reflective of the approved budget and rates as shown in the FA Attachment B, Scope of Work. Use additional pages if needed.
ITEM
TOTAL
Rev: 05.28.21 5 FA Measure R Hwys Gen Attachment D-2 Quarterly Report City Council Regular Meeting - Page 571 of 582
/0/1/2/i255/4/5/6/7/8/7/2/i255/9/7/10/11/1/12/1/8/13/10/14/5/i255/15/11/14/5/2/12/1/11/10/14/10/13/1/5/i255/4/16/10/17/1/11/13/10/18 /19/20/19/21/i255/22/7/23/7/11/14/8/i255/15/11/14/5/2/12/1/11/10/14/10/13/1/5/i255/24/25/12/11/1/26/7/25/7/5/10/i255/27/11/1/6/11/14/25/i255/28/29/20/20/20/30 /0/4/31/31/32/33/34/31/21/35/36/37/i255/36/39 /36/40/41/42/43/40/43/44/45/46/44/47/i255/48/47/43/44/49/50/i255/i255/i255/0/18/5/51/1/1/23/52/i255/53/13/10/18/i255/1/54 /55/56/48/57/i255/58/35/37/i255/37/59/60/61/43/49/45/i255/62/63/i255/64/48/65/66/67 /56/60/44/68/60/59/40/46/45/50/i255/56/69/45/43/47/60/59/50/63/i255/35/56/70 /37/59/60/61/43/49/45/i255/39/43/71/49/59/46/41/45/46/60/44/63/i255/58/72/65/36/72/73/72/i255/56/74/75/57/72/55/35/36/74/75/i255/74/75/i255/36/70/37/72/58/36/48/65/i255/76/77/78/i255/79/72/35/77/72/72/75/i255/55/35/48/35/72/i255/55/35/i255/48/75/39/i255/77/58/36/57/76/35/i255/58/39/i255/39/80/58/36/75/57/i255/37/72/48/81/i255 /76/74/80/58/55/i255/79/78/i255/36/70/37/65/72/70/72/75/35/36/75/57/i255/57/72/74/70/72/35/58/36/56/i255/48/75/39/i255/55/36/57/75/48/65/i255/55/78/75/56/76/58/74/75/36/82/48/35/36/74/75/i255/36/70/37/58/74/73/72/70/72/75/35/55/i255/48/35/i255/64/64/i255/55/36/57/75/48/65/36/82/72/39/i255 /36/75/35/72/58/55/72/56/35/36/74/75/55/83
/55/45/84/85/50/63/75/86/48/i255/i255/i255/36/71/i255/70/60/85/43/42/63/i255/78/72/55/i255/70/60/85/43/42/i255/62/63/i255 /37/70/63/i255/65/48/80/58/48/i255/74/56/76/74/48/i255/87/i255/88/89/64/66/90/91/66/89/87/66/92/92/66 /65/55/63/i255/75/i255/i255/i255/i255/i255/65/55/i255/57/58/74/80/37/62/63/i255 /37/37/75/74/63/72/48/i255/62/63/i255
/37/59/60/47/59/69/40/i255/56/60/85/43/63/i255/36/35/55/66/92/i255/87/i255/55/36/57/75/48/65/i255/55/78/75/56/76/58/74/75/36/82/48/35/36/74/75/i255/i255/55/45/60/41/i255/65/60/49/63/i255 /48/46/59/i255/79/69/71/46/44/63/i255/55/56/48/79/72/44/93/46/59/i255/39/60/49/63/i255/56/48/35/72/57/74/58/36/56/48/65/i255/72/94/72/70/37/35/36/74/75/55/i255/87/87/i255/56/72/95/48/i255/87/i255 /64/92/86/89/64/86/92/66/92/92
/80/96/69/63/i255/65/60/71/i255/48/44/47/43/42/43/71/87/65/60/44/47/i255 /79/43/69/49/97/87/55/69/44/45/69/i255/48/44/69
/55/84/98/87/48/59/43/69/63/i255/55/84/98/87/58/43/47/46/60/44/63/i255/57/69/45/43/99/69/50/i255/56/46/45/46/43/71/i255 /56/74/57
/56/35/36/37/55/i255/36/39/63/i255
/65/69/44/43/i255/62/i255/72/100/45/85/63/i255/44/69/65/69/44/43/i255/62/i255/37/59/60/41/63/i255/44/69/36/40/41/59/93/i255/39/43/71/49/63/i255/64/64/i255/71/46/47/44/69/42/i255/71/50/44/49/97/59/60/44/46/96/69/45/46/60/44/71 /76/60/93/i255/69/49/71/i255/43/47/i255/42/60/49/63/i255/35/60/42/42/i255/58/69/45/43/63/i255 /66/83/66/66
/35/60/42/42/i255/56/60/42/49/i255/65/60/49/63/i255/35 /60/42/42/i255/70/43/45/97/60/85/63/i255 /55/50/71/45/43/40/i255/63/65/60/49/69/42/i255/76/99/50 /56/60/40/41/42/43/45/46/60/44/i255/39/69/45/43/i255/64/92/86/89/64/86/92/66/92/91/37/97/69/71/43/63/i255/72/44/47/46/44/43/43/59/46/44/47/86/37/42/69/44/71/101/i255/55/41/43/49/46/68/46/49/69/45/46/60/44/71/i255/69/44/85/i255/72/71/45/46/40/69/45/43/71/i255/88/37/55/102/72/90/39/46/71/45/69/44/49/43/63/i255/37/60/71/45/40/46/42/43/63/i255/58/60/84/45/43/i255/63 /37/58/36/74/58 /37/58/74/57/i255/35/74/35/48/65/i255/79/72/78/74/75/39/37/76/48/55/72 /92/103/86/92/104/92/91/86/92/103/92/105/86/92/91/92/67/86/92/105/92/89/86/92/67/92/92/86/92/89 /106/66/i255/106/64/101/89/89/104/i255 /106/64/101/89/89/104/i255/37/72/70/58/92/66/76/i255/87/i255/70/43/69/71/84/59/43/i255/58/i255/92/66/107/i255/76/46/47/97/99/69/50 /56/74/75
/58/77
/55/80/79/35/74/35/48/65 /106/89/101/108/91/105/i255/106/92/101/91/92/103/i255/106/64/101/89/89/104/i255 /106/92/101/91/92/103/i255/106/92/101/91/92/103/i255/106/66/i255 /106/66/i255/106/66/i255/106/66/i255
/29/32/52/21/21/33/i255/29 /19/52/109/19/34/i255/15/110/15/4/0 /15/110/15/4/0/i255/27/111/112/i255/i255/29/32/52/21/21/33 /15/110/15/4/0/i255/113/114/112/i255/i255/29/20 /15/110/15/4/0/i255/53/110/115/112/i255/i255/29/19/52/109/19/34 /29/21/52/31/109/116
/15/110/15/4/0/i255/27/113/110/117/113/4/9/9/111/118/112/i255/29/21/52/31/109/116 /i255/119/i255/117/7/5/7/11/14/8/i255/53/1/25/25/7/5/10/112/i255/80/41/85/69/45/43/85/i255/41/59/60/47/59/69/40/40/46/44/47/i255/45/60/i255/59/43/68/42/43/49/45/i255/44/43/99/i255/70/43/69/71/84/59/43/i255/58/i255/68/84/44/85/71/83/i255/69/41/41/59/60/93/43/85/i255/98/50/i255/79/60/69/59/85/i255/46/44/i255/120/69/44/i255/92/66/92/92/83/i255/121/46/59/71/45/i255/70/58/i255/68/84/44/85/71/i255/69/41/41/59/60/93/43/85/i255/98/50/i255/79/60/69/59/85/i255/46/44/i255/74/49/45/i255/92/66/64/104/83/i255/35/60/45/69/42/i255/41/59/60/47/59/69/40/40/43/85/i255/46/71/i255/106/89/83/108/91/105/70/83/i255/37/59/60/61/43/49/45/i255/69/42/71/60/i255/46/44/49/42/84/85/43/85/i255/46/44/i255 /92/89/87/108/104/i255/45/60/i255/84/41/85/69/45/43/i255/35/37/56/i255/45/60/i255/106/89/83/108/91/105/70/83 /i255/119/i255/9/1/23/7/8/13/5/6/i255/53/1/25/25/7/5/10/112/i255/75/60/i255/71/46/47/44/46/68/46/49/69/44/45/i255/49/97/69/44/47/43/i255/40/69/85/43/83 /i255/119/i255/15/53/9/i255/53/1/25/25/7/5/10/112/i255/75/60/i255/71/46/47/44/46/68/46/49/69/44/45/i255/49/97/69/44/47/43/i255/40/69/85/43/83 /i255/119/i255/4/25/7/5/23/25/7/5/10/i255/53/1/25/25/7/5/10/112/i255 /i255/119/i255/53/9/27/i255/53/1/25/25/7/5/10/112/i255
/i255/119/i255/115/14/11/11/14/10/13/26/7/112
/53/17/14/5/6/7/i255/11/7/14/2/1/5/63/56/74/55/35/i255/36/75/56/58/72/48/55/72 /15/1/10/14/8/i255/27/11/1/122/7/123/10/i255/53/1/2/10/65/69/71/45/i255/58/43/93/46/71/43/85/i255/i255/4/25/7/5/23/25/7/5/10/i255/19/21/119/20/116/i255/119/i255/124/16/125/25/13/10/10/7/23 /29/21/52/31/109/116/i255 /64/37/69/47/43 /70/60/44/85/69/50/101/i255/39/43/49/43/40/98/43/59/i255/64/108/101/i255/92/66/92/92 City Council Regular Meeting - Page 572 of 582
FTIP #: LA9918793
Subregion ID: I-710 Early Action Projects (Gateway
Cities)
Project#: MR306.59
FA# 9200000000MR30659
Rev: 05.15.19 FA Measure R Hwys Gen Attachment F
Bond Requirements
1 ATTACHMENT F
BOND REQUIREMENTS
The provisions of this Attachment F apply only if and to the extent some or all of the Funds are derived from LACMTA issued Bonds or other debt, the interest on which is tax exempt for federal tax purposes (collectively, the "Bonds").
GRANTEE acknowledges that some or all of the Funds may be derived from Bonds, the interest on which is tax-exempt for federal tax purposes or with respect to which LACMTA receives a Federal subsidy for a portion of the interest cost or the investor receives a tax credit. GRANTEE further acknowledges its understanding that the proceeds of the Bonds are subject to certain ongoing limitations relating to the use of the assets financed or provided with such proceeds ("Project Costs" or "Project Components") in the trade or business of any person or entity other than a governmental organization (any such use by a person or entity other than a governmental organization is referred to as "Private Use"). Private Use will include any sale, lease or other arrangement pursuant to which a nongovernmental person or entity receives a legal entitlement of a Project Component and also includes certain agreements pursuant to which a nongovernmental person will operate or manage a Project Component. Each quarterly invoice submitted by GRANTEE to reimburse prior expenditures (or to be received as an advance) shall provide information regarding the specific Project Costs or Project Components to which the Funds which pay that invoice will be allocated and whether there is or might be any Private Use associated with such Project Costs or Project Components. GRANTEE will, for the entire time over which LACMTA's Bonds or other debt remains outstanding, (1) notify and receive LACMTA' s approval prior to entering into any arrangement which will or might result in Private Use and (2) maintain records, including obtaining records from contractors and subcontractors as necessary, of all allocations of Funds to Project Costs or Project Components and any Private Use of such Project Costs or Project Components in sufficient detail to comply and establish compliance with Section 141 of the Internal Revenue Code of 1986, as amended (the "Code"), or similar code provision then in effect and applicable, as determined by the LACMTA in consultation with its bond counsel.
GRANTEE will designate one or more persons that will be responsible for compliance with the obligations described in this Attachment F and notify LACMTA of such designations.
City Council Regular Meeting - Page 573 of 582
Agenda Item # 21.
AGENDA STAFF REPORT
DATE:
February 21, 2023
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Ernie Hernandez, City Manager
SUBJECT:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE CITY MANAGER TO APPROVE THE ACCEPTANCE OF AN
ART SCULPTURE DONATION FROM THE OMBUDSMAN INTERNATIONAL
ORGANIZATION
Recommendation:
Staff recommends that the Lynwood City Council do the following -
1) AUTHORIZE THE CITY MANAGER TO APPROVE THE ACCEPTANCE OF THE ROBERT HENNING
SCULPTURE
2) AUTHORIZE POSSIBLE LOCATION ON PLACEMENT OF THE SCULPTURE
Background:
Mr. Henning moved to Lynwood in 1976 and immediately became involved in local government. Most notably, he became the first African-American elected to the Lynwood City Council in 1983. His contributions to the community include the Lynwood Trolley System, Lynwood City Flag, Lynwood Youth Commission, Lynwood Women's Commission, Lynwood Anti-Graffiti Program, Lynwood Shopping Center, and various street and sidewalk repairs.
Discussion and Analysis:
The Ombudsman International organization is proposing a donation of a bronze 8' x 3' sculpture. Being this is a large art piece, the community's access to view the sculpture will require an accessible location.
The objective is to make a placement of this art piece within several possible locations that provide for community access and visibility. The permanent placement of this sculpture in the City is recommended to be at the Henning Youth Center, located at 11409 Birch Street; however, the feasibility of that location still needs to be further examined to ensure proper security and to maximize its presentation. If a different location best suits the City’s needs, staff will communicate as such to the City Council.
City Council Regular Meeting - Page 574 of 582
This resolution authorizes the City Manager to facilitate the acceptance of a sculpture from the Ombudsman
International Organization, freely offered to the City of Lynwood as a cultural arts donation. This art work is a sculpture of the first African-American official elected to the Lynwood City Council, Mr. Robert Henning.
Fiscal Impact:
Fiscal impact is dependent upon on the permanent placement of the sculpture in the City and the associated costs.
Coordinated With:
City Manager
City Attorney
ATTACHMENTS:
Description
Resolution - Art Sculpture Donation
Sculpture Image
City Council Regular Meeting - Page 575 of 582
RESOLUTION NO. ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE CITY MANAGER TO APPROVE THE ACCEPTANCE OF AN
ART SCULPTURE DONATION FROM THE OMBUDSMAN INTERNATIONAL
ORGANIZATION
WHEREAS, the City of Lynwood is the occasional recipient of donations of various items such as funds, art, etc.; and
WHEREAS, the Ombudsman International Organization would like to donate to the City of Lynwood, a sculpture of Robert Henning, the first African-American official elected to the Lynwood City Council and first African -American to serve as Mayor in the City of Lynwood.; and
WHEREAS, Mr. Henning has historical local distinction and his sculpture will honor his years of positive and dynamic community service as a former resident, Councilman, and community advocate. In addition to the subject art sculpture having historical value, it promotes inspiration and encouragement in socioeconomic advancements.
WHEREAS, the permanent placement of this sculpture in the City is recommended to be at the Henning Youth Center, located at 11409 Birch Street; however, the feasibility of that location still needs to be further examined to ensure proper security and to maximize its presentation.
WHEREAS, if a different location best suits the City’s needs, staff will communicate as such to the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE AND DETERMINE 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 incorporates them herein as findings and as a substantive part of this Resolution.
Section 2. The City Council of the City of Lynwood does approve to accept the donation of the Robert Henning sculpture from the Ombudsmans International Organization.
Section 3. The City Council will provide direction to staff on the permanent location of the sculpture.
City Council Regular Meeting - Page 576 of 582
Section 4. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.
Section 5. This Resolution shall take full force and effect immediately upon adoption by the City Council.
Section 6. The City Clerk shall certify as to the adoption of this City Council Resolution.
PASSED, APPROVED AND ADOPTED this 21st day of February, 2023.
_________________________
Oscar Flores
Mayor
ATTEST:
________________________ __________________________
Maria Quinonez Ernie Hernandez
City Clerk City Manager
APPROVED AS TO FORM:
________________________
Noel Tapia
City Attorney
City Council Regular Meeting - Page 577 of 582
City Council Regular Meeting - Page 578 of 582
City Council Regular Meeting - Page 579 of 582
Agenda Item # 22.
AGENDA STAFF REPORT
DATE:
February 21, 2023
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Maria Quinonez, City Clerk
Silvia Pineda, Assistant to the City Clerk
SUBJECT:
REVIEW OF BOARD, COMMISSION AND COMMITTEE MEMBERS & ANNUAL
BOARDS, COMMISSIONS AND COMMITTEES LOCAL APPOINTMENT LIST Recommendation:
Staff recommends that the City Council review the list of Board and Commission members. Currently there are four (4) vacancies to the Boards and Commissions, including the Community Development Block Grant Board, Public Safety/Traffic & Parking Commission, Personnel Board and the Citizen Oversight Committee. The City Council may make any adjustments to these Boards and Commissions, as it deems appropriate, in accordance with the rules outlined below.
Background:
At its January 17, 2023 City Council meeting, members of the City Council made appointments to the various City of Lynwood Boards and Commissions.
Currently there are four (4) vacancies to the Boards and Commissions, including the Community Development Block Grant Board, Public Safety/Traffic & Parking Commission, Personnel Board and the Citizen Oversight Committee.
Discussion and Analysis:
Lynwood Municipal Code Subsection 2-12.4 specifies the appointment and term of members:
a. Candidates for appointment to the subsidiary public bodies shall be nominated by a council member and confirmed by a vote of the council. The appointed and confirmed candidates shall serve on the subsidiary public bodies to which they have been appointed until the earlier of:
1. A replacement is presented to the council for confirmation by the appointing council member,
2. The appointing council member's term in office has ended; or
3. The resignation of an appointee.
City Council Regular Meeting - Page 580 of 582
b. Members of subsidiary public bodies shall hold office until their successors are appointed, qualified and take office.
c. Any and all provisions of this code relating to terms of office for members of subsidiary public bodies are hereby repealed and shall be governed by the provisions of this section (Ord. #1584,
§1)
LMC Subsection 2-12.1 (a)(2) states "The city council may remove any member of any commission, board or committee at any time and without cause; provided, however, that any action of the city council to remove a member of the personnel board from office prior to the expiration of his term shall not be effective unless approved by at least four (4) councilmembers."
Fiscal Impact:
N/A
Coordinated With:
N/A
ATTACHMENTS:
Description
Appointment List - Maddy Act 2023
City Council Regular Meeting - Page 581 of 582
BOARD, COMMISSION AND COMMITTEE APPOINTMENTS LIST THROUGH DECEMBER 31, 2023 In compliance with the requirement of the Maddy Act, pursuant to Government Code Section 54972, the following is a list of the City of Lynwood’s Boards and Commission members whose terms run through Decembe r 31, 2023. The qualifications necessary to be appointed to a Board or Commission include being a resident of the City of Lynwood and at least 18 year s of age. Appointment dates are shown following each name.
CDBG BOARD PUBLIC SAFETY/TRAFFIC
& PARKING COMMISSION
PERSONNEL BOARD PLANNING COMMISSION CITIZEN OVERSIGHT
COMMITTEE
Meets the 1st Wednesday of
each month at 6:00 p.m. in
designated location on an as
needed basis
Director: Gabriel Linares
Staff: Suzanne Trejo
Meets the 4th Thursday of each
month at 6:00 p.m. in
designated location on an as
needed basis
Director: Julian Lee
Staff: Dylan Watters
Meets the 3rd Thursday of
each month at 5:00 p.m. in
designated location
Director: Patrick Matson
Staff: Maria Salas
Meets the 2nd Tuesday of
each month at 6:00 p.m. in
designated location
Director: Gabriel Linares
Staff: Tom Fibres
Meets the 4th Wednesday of
each month at 6:00 p.m. in
designated location
Director: Gabriel Linares
Staff: Suzanne Trejo
SYLVIA RAMIREZ
Re-Appointment Date:
12/20/2022
Term Expires: 12/31/2023
Appointed by:
Mayor Flores
FRANK CARRASCO
Re-Appointment Date:
12/20/2022
Term Expires: 12/31/2023
Appointed by:
Mayor Flores
DEONDRA TISDALE
Re-Appointment Date:
12/20/2022
Term Expires: 12/31/2023
Appointed by:
Mayor Flores
ARTURO RAMIREZ
Re-Appointment Date:
12/20/2022
Term Expires: 12/31/2023
Appointed by:
Mayor Flores
DANIEL SALAZAR
Re-Appointment Date:
12/20/2022
Term Expires: 12/31/2023
Appointed by:
Mayor Flores
CHRISTOPHER ACOSTA
Re-Appointment Date:
12/20/2022
Term Expires: 12/31/2023
Appointed by:
Mayor Pro Tem Soto
EFREN LOPEZ
Re-Appointment Date:
12/20/2022
Term Expires: 12/31/2023
Appointed by:
Mayor Pro Tem Soto
ROSEMILLIE LOPEZ
Re-Appointment Date:
12/20/2022
Term Expires: 12/31/2023
Appointed by:
Mayor Pro Tem Soto
KENNETH WEST
Re-Appointment Date:
12/20/2022
Term Expires: 12/31/2023
Appointed by:
Mayor Pro Tem Soto
ANDREA LOPEZ
Re-Appointment Date:
12/20/2022
Term Expires: 12/31/2023
Appointed by:
Mayor Pro Tem Soto
AXEL PEREZ
Appointment Date: 1/17/2023
Term Expires: 12/31/2023
Appointed by:
Council Member Camacho
VACANT
Appointment Date:
Term Expires: 12/31/2023
Appointed by:
Council Member Camacho
LILIANA DELGADILLO
Appointment Date: 1/17/2023
Term Expires: 12/31/2023
Appointed by:
Council Member Camacho
JORGE DIAZ
Appointment Date: 1/17/2023
Term Expires: 12/31/2023
Appointed by:
Council Member Camacho
JULIAN DEL REAL-
CALLEROS
Appointment Date: 1/17/2023
Term Expires: 12/31/2023
Appointed by:
Council Member Camacho
VACANT
Appointment Date:
Term Expires: 12/31/2023
Appointed by:
Council Member Munoz-
Guevara
ROWLAND BECERRA
Appointment Date: 12/20/2022
Term Expires: 12/31/2023
Appointed by:
Council Member Munoz-
Guevara
VACANT
Appointment Date:
Term Expires: 12/31/2023
Appointed by:
Council Member Munoz-
Guevara
LORRAINE MOORE
12/20/2022
Term Expires: 12/31/2023
Appointed by:
Council Member Munoz-
Guevara
VACANT
Appointment Date:
Term Expires: 12/31/2023
Appointed by:
Council Member Munoz-
Guevara
YOLANDA RODRIGUEZ-
GONZALEZ
Re-Appointment Date:
1/17/2023
Term Expires: 12/31/2023
Appointed by:
Council Member Solache
JOE BATTLE
Re-Appointment Date:
12/20/2022
Term Expires: 12/31/2023
Appointed by:
Council Member Solache
GARY HARDIE
Re-Appointment Date:
12/20/2022
Term Expires: 12/31/2023
Appointed by:
Council Member Solache
ROBERT GOMEZ
Re-Appointment Date:
12/20/2022
Term Expires: 02/07/2023
Appointed by:
Council Member Solache
BRENDA RIVERA
Re-Appointment Date:
12/20/2022
Term Expires: 12/31/2023
Appointed by:
Council Member Solache
Updated: 1/18/23
City Council Regular Meeting - Page 582 of 582