1. CALL TO ORDER
2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
3. ROLL CALL OF COUNCIL MEMBERS
4. PLEDGE OF ALLEGIANCE
5. INVOCATION
This Agenda contains a brief general description of each item to be considered. Copies of the Staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection. Any person who has a question concerning any of the agenda items may call the City Manager at (310) 603-0220, ext. 200.
Procedures for Addressing the Council
IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO
ADDRESS THE COUNCIL SUBMIT YOUR COMMENTS IN ADVANCE TO
[email protected] OR FILL OUT A FORM PROVIDED AT THE PODIUM, AND TO TURN IT IN TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUT SUCH A
FORM WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS CONSENT OF THE COUNCIL.
AGENDA
City Council Regular Meeting
TO BE HELD ON
December
5, 2023
COUNCIL CHAMBERS - 11350 BULLIS ROAD. LYNWOOD, CA 90262 OR WEB CONFERENCE VIA ZOOM - TO PARTICIPATE VIA ZOOM OR BY TELEPHONE: 1-669- 900-9128 OR 1-253-215-8782 MEETING ID: 835 2029 8238
Duly Posted on 12/1/23 By MQ
6:00 PM
Oscar Flores, Mayor
Rita Soto, Mayor Pro Tem
Gabriela Camacho, Council Member
Juan Munoz-Guevara, Council Member
Jose Luis Solache, Council Member
City Council Regular Meeting 1
6. PRESENTATIONS/PROCLAMATIONS
7. COUNCIL RECESS TO:
8. ORDINANCES
8.1 ADOPTION AND SECOND READING AND WAIVE FURTHER READING OF AN
ORDINANCE APPROVING A JOINT POWERS AGREEMENT FOR CLEAN POWER
ALLIANCE OF SOUTHERN CALIFORNIA AND AUTHORIZATION FOR
IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM Update on Law Enforcement Issues
City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)).
City Video(s)
Introduction of the 2024 Miss Lynwood Court
Lynwood Successor Agency
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NON-AGENDA PUBLIC ORAL COMMUNICATIONS
THIS PORTION PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE
COUNCIL ON ITEMS WITHIN THE JURISDICTION OF THE COUNCIL AND NOT LISTED ON THE AGENDA. IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO
SUBSTANTIAL DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT COUNCIL MAY
REFER THE MATTER TO STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A FUTURE MEETING. (The Ralph M. Brown Act, Government Code Section 54954.2 (a).)
Comments:
Clean Power Alliance (CPA) is a Joint Powers Authority that was established to provide cost-competitive electrical services, reduce greenhouse gas emissions through the availability of renewable electricity, stimulate renewable energy reduction programs, and sustain long-term rate stability for residents and businesses through local control. CPA Board of Directors approved Resolution 23-10-056, inviting the City of Lynwood to become a member of CPA's Joint Powers Authority, with electricity service to customers within the City's jurisdiction to begin in 2025. (PW)
Recommendation:
Staff recommends that the City Council adopt the attached ordinance entitled:
“ADOPTION AND SECOND READING AND WAIVE FURTHER READING OF AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE
JOINT POWERS AGREEMENT FOR CLEAN POWER ALLIANCE OF SOUTHERN
CALIFORNIA AND AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM"
City Council Regular Meeting 2
9. CONSENT CALENDAR
9.1 APPROVAL OF THE WARRANT REGISTER
9.2 PROJECT ACCEPTANCE OF THE CIP PRIORITY 2 STREET IMPROVEMENT PROJECT (PHASE 2A), FY 2022-2023 (CIP 4011.68.104)
9.3 APPROVAL OF THE FUNDING AGREEMENT WITH THE LOS ANGELES COUNTY
METROPOLITAN TRANSIT AUTHORITY FOR THE SAFE STREETS AND ROADS
FOR ALL PROGRAM FUNDS, FUNDING THE DEVELOPMENT OF THE LYNWOOD
VISION ZERO ACTION PLAN
ALL MATTERS LISTED UNDER THE CONSENT CALENDAR WILL BE ACTED UPON BY ONE MOTION AFFIRMING THE ACTION RECOMMENDED ON THE AGENDA. THERE
WILL BE NO SEPARATE DISCUSSION ON THESE ITEMS PRIOR TO VOTING UNLESS
MEMBERS OF THE COUNCIL OR STAFF REQUEST SPECIFIC ITEMS TO BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.
Comments:
City of Lynwood warrant register dated December 5,2023 for FY 2023-2024. (FIN) Recommendation:
Staff respectfully recommends that the City Council of the City of Lynwood approve the warrant register dated December 5,2023 for FY 2023-2024
Comments:
CIP Priority 2 Street Improvement Project (Phase A) consist of selected streets based on the pavement condition index report, in various locations throughout the City. This project is part of the 5-year CIP Plan. Staff awarded a contract to Sequel Contractors Inc. The project was completed on June 21, 2023 and staff recommends that the City Council accept the CIP Priority Street Improvement Project (Phase A) FY 2022-2023 (CIP 4011.68.104). (PW)
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE CIP PRIORITY 2 STREET IMPROVEMENT PROJECT (PHASE 2A), FY 2022-2023 (CIP 4011.68.104) AS COMPLETE; AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE ACCEPTANCE.
Comments:
On February 1, 2023, the United States Department of Transportation announced the grant rewards under the “Safe Streets for All” Program. The grant agreement will provide $203,868 in funding to the City for the Lynwood Vision Zero Action Plan. Staff is recommending that the City Council approve the funding agreement with Los Angeles County Metropolitan Transportation Authority (LACMTA) for the funding of the Lynwood Vision Zero Action Plan. (PW)
City Council Regular Meeting 3
10. NEW/OLD BUSINESS
10.1 REQUEST FOR NEW APPROPRIATION FOR COMPLETE STREET IMPROVEMENTS ON ATLANTIC AVENUE PROJECT STUDY REPORT.
10.2 CITY COUNCIL REORGANIZATION
11. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
12. STAFF ORAL COMMENTS
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
THE FUNDING AGREEMENT WITH
THE LOS ANGELES COUNTY METROPOLITAN
TRANSIT AUTHORITY
FOR THE SAFE STREETS AND ROADS FOR ALL PROGRAM
FUNDS TO FUND THE DEVELOPMENT OF THE LYNWOOD VISION ZERO ACTION PLAN.”
Comments:
The City of Lynwood is looking for an opportunity to transform Atlantic Avenue within city limits to create a more business friendly area for commercial activity. The City will need to obtain grant funding for the Complete Street Improvements on Atlantic Avenue from the Los Angeles County Metropolitan Transportation Authority (LACMTA) by the Gateway Cities Council of Governments (GCCOG), through the Technical Advisory Committees. (PW)
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN APPROPRIATION OF $42,600 FROM UNASSIGNED GAS TAX FUND BALANCE TO COMPLETE STREET IMPROVEMENT DESIGN ON ATLANTIC AVENUE PROJECT.”
Comments:
City Council to appoint Mayor and Mayor Pro Tem. (CM)
Recommendation:
Staff recommends that the City Council make appointments to Mayor and Mayor Pro Tem.
City Council Regular Meeting 4
ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE HELD ON DECEMBER 19, 2023 AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL ANNEX, 11350 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA.
City Council Regular Meeting 5
AGENDA STAFF REPORT
DATE:
December
5, 2023
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
SUBJECT:
ADOPTION AND SECOND READING AND WAIVE FURTHER READING
OF AN ORDINANCE APPROVING A JOINT POWERS AGREEMENT FOR
CLEAN POWER ALLIANCE OF SOUTHERN CALIFORNIA AND
AUTHORIZATION FOR IMPLEMENTATION OF A COMMUNITY CHOICE
AGGREGATION PROGRAM
Agenda Item # 8.1.
Recommendation:
Staff recommends that the City Council adopt the attached ordinance entitled: “ADOPTION
AND SECOND READING AND WAIVE FURTHER READING OF AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE JOINT POWERS
AGREEMENT FOR CLEAN POWER ALLIANCE OF SOUTHERN CALIFORNIA AND
AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM"
Background:
CPA is the largest Community Choice Aggregator (CCA) in California, covering 32 agencies in Los Angeles and Ventura counties. CPA is a Joint Powers Authority (JPA) and each member agency has a representative on the Board of Directors. The Board of Directors determines the programs, rates, and policies of the JPA with guidance from Clean Power Alliance staff.
Current CPA program offerings include: solar plus clean backup power for critical member agency facilities; rebates for publicly accessible electric vehicle chargers; demand response incentives for residential and commercial smart technologies; and community solar for customers in disadvantaged communities. CPA handles all customer billing and administration for its members though each member’s governing board determines its agency’s default renewable energy tier, relating to customer rates. CPA currently offers three energy tier options: Lean Power (which is 40 percent clean energy, similar to SCE’s base product), Clean Power (which is 50 percent clean energy), and Green Power (100 percent renewable energy).
City Council City Council Regular Meeting 6
A presentation was made by representatives of the Clean Power Alliance (CPA) to the City Council at the meeting held on March 21, 2023. The presentation included a brief background on CPA and their efforts to procure renewable energy with a general discussion on the process of becoming a member of the CPA.
On May 16, 2023, the City Council approved the initial stage in the commencement of this process of becoming a member of the CPA which was to authorize a $10,000, one-time cost, required feasibility study to support the City's inclusion in the CPA.
Over the next couple of months, CPA proceeded in conducting their feasibility study on the potential inclusion of the City of Lynwood into the JPA and on October 6, 2023, the Mayor and City Manager were notified (Exhibit A - Invitation Letter & Resolution) that on October 5, 2023, the CPA Board of Directors approved Resolution 23-10-056, inviting the City of Lynwood to become a member of CPA's Joint Powers Authority, with electricity service to customers within the City's jurisdiction to begin in 2025.
On November 7, 2023, the City Council approved the first reading of Ordinance No. 1759, approving a Joint Powers Agreement for the Clean Power Alliance of Southern California and authorization for implementation of a Community Choice Aggregation program.
On November 21, 2023, Ordinance No. 1759,
approving a Joint Powers Agreement for the
Clean Power Alliance of Southern California and authorization for implementation of a Community Choice Aggregation program was brought back for consideration of conducting a second reading and adoption of the ordinance. At the direction of City Council, the item was continued to the next City Council meeting.
Discussion and Analysis:
Ordinance No. 1759,
approving a Joint Powers Agreement for the Clean Power Alliance of Southern California and authorization for implementation of a Community Choice Aggregation program is now being brought back for a second reading and proposed adoption.
Following the City’s passage of the ordinance, the CPA Board of Directors will conduct a public hearing during its meeting on December 7, 2023, to consider and approve an Implementation Plan Addendum to add the City of Lynwood to the JPA. Though this is a routine matter, the Addendum must be submitted to the California Public Utilities Commission no later than December 31, 2023 for Lynwood customers to be eligible for CPA service starting in 2025.
Next Steps for 2024
City Council City Council Regular Meeting 7
Clean Power Alliance Amended and Restated JPA 11-3-2022.pdf Ordinance - Ca. Power Alliance rev.docx
In 2024, staff will return to Council to request the appointment of a member of City Council to represent the City of Lynwood on CPA’s Board of Directors, along with one or two alternate directors who may be elected leaders, city staff, or members of the public.
In addition, staff will return to Council to choose the "default rate." As discussed in the
Background section of this report.
CPA currently has three rates which come with different levels of renewable energy content at different price points. The default rate is the rate the City of Lynwood customers would be automatically enrolled in at the start of the CPA transition unless residents take an affirmative action to choose a different CPA rate or decide to opt-out of CPA service and purchase their electricity from SCE.
Then, over the course of 2024, CPA will work with staff to educate the community about the impending change in their default electricity provider starting in 2025 and make residents and businesses aware of their new options and the benefits of being a customer of Clean Power Alliance.
On November 7, 2023, the City Council introduced the ordinance for a first reading. It was then brought back to the City Council on November 21, 2023, to consider conducting a second reading and adopting of the ordinance where the item was continued. The City Council will now again consider conducting a second reading and adopting the ordinance.
Fiscal Impact:
There are no direct costs associated with joining the CPA.
Coordinated With:
City Manager's Office
ATTACHMENTS:
Description
City Council City Council Regular Meeting 8
-1-
CLEAN POWER ALLIANCE OF SOUTHERN CALIFORNIA
AMENDED AND RESTATED JOINT POWERS AGREEMENT
This amended and restated Joint Pow ers Agreement (t he "A&R Agreement") is made and entered into pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section 6500 et seq.) of the California Government Code relating to the joint exercise of powers among the public agencies set forth in Exhibit A.
RECITALS
1. The Parties are public agencies sharing various powers under California laws, including but not limited to the power to purchase, supply, and aggregate electricity for themselves and their inhabitants.
2. In 2006, the State Legislature adopted AB 32, the Global Warming Solutions Act, which mandates a reduction in greenhouse gas emissions in 2020 to 1990 levels. The California Air Resources Board is promulgating regulations to implement AB 32 which will require local government to develop programs to reduce greenhouse emissions .
3. The purposes for the Initial Participants (as such term is defined in Section 2.3 below) entering into this Agreement include addressing climate change by reducing energy related greenhouse gas emissions and securing energy supply and price stability; energy efficiencies and local economic benefits, such as jobs creation, community energy programs; and local power development. It is the intent of this Agreement to promote the development and use of a wide range of renewable energy sources and energy efficiency programs, including but not limited to solar and wind energy production.
4. The Parties desire to establish a separate public agency, known as the Clean Power Alliance of Southern California (" CPA"), under the provisions o f the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.) ("Act") in order to collectively study, promote, develop, conduct , operate, and manage energy programs.
5. The Initial Participants have each adopted an ordinance electing to implement through CPA a Community Choice Aggregation program pursuant to California Public Utilities Code Section 366.2 ("CCA Program"). The first priority of CPA will be the consideration of those actions necessary to implement the CCA Program.
6. The original Joint Powers Agreement became effective as of June 27, 2017 (“Effective Date”) when executed by the County of Los Angeles and the City of Rolling Hills Estates . On February 7, 2018, the Parties approved Amendment No. 1 to the Agreement clarifying the cost apportionment methodology in Section 8.1.3 in the event that a member withdraws from the CPA. On April 5, 2018, the Parties approved Amendment No. 2 to the Agreement changing the name of the organization from Los Angeles Community Choice Energy to Clean Power Alliance of Southern California. On March 7, 2019, the Parties approved Amendment No. 3 to the Agreement to clarify procedures for the election of and term limits for the Board Chair and Vice-Chairs in Sections 4.10.1 and 5.1 of the Agreement.
7. The Parties desire to amend and restate the A greement in order to have a single document to reference and to make changes that reflect prior action by the Board. The amendments in the A&R 9 -2-
Agreement shall be effective as of November 3, 2022 (“A&R Effective Date”).
8. By establishing CPA, the Parties seek to:
(a) Develop an electric supply portfolio with overall lower greenhouse gas intensity and lower greenhouse gas (GHG) emissions than Southern California Edison ("SCE"), and one that supports the achievement of the parties' greenhouse gas reduction goals and the comparable goals of all participating jurisdictions;
(b) Establish an energy portfolio that encourages the use and development of cost - effective local renewable and distributed energy resources and that discourages the use unbundled renewable energy credits ;
(c) Promote an energy portfolio that incorporates energy efficiency and demand response programs and pursues ambitious energy consumption reduction goals;
(d) Provide electricity rates that are lower or at worst competitive with those offered by SCE for similar products;
(e) Offer differentiated energy options (e.g., 33% or 50% qualified renewable) for default service, and a 100% renewable content option in which customers may "opt -up" and voluntarily participate;
(f) Achieve quantifiable economic benefits to the region;
(g) Recognize the value of current workers in existing jobs that support the energy infrastructure of Los Angeles County and Southern California (e.g. , union and prevailing wage jobs, local workforce development, apprenticeship programs, and local hire). CPA, as a leader in the shift to clean energy, commits to ensuring it will take steps to minimize any adverse impacts to these workers to ensure a "just transition" to the new clean energy economy;
(h) Support a stable, skilled workforce through such mechanisms as project labor agreements, c ollective bargaining agreements, or community benefit agreements, or other workforce programs that are designed to avoid work stoppages, ensure quality, and benefit local residents by delivering cost -effective clean energy programs and projects (e.g. , new energy programs and increased local energy investments);
(i) Promote supplier and workforce diversity, including returning veterans and those from disadvantaged and under -represented communities, to better reflect the diversity of the region;
(j) Promote personal and community ownership of renewable resources, spurring equitable economic development and increased resilience, especially in low income communities;
(k) Provide and manage its energy portfolio and products in a manner that provides cost savings to customers and promotes public health in areas impacted by energy production;
(I) Ensure that low -income households and communities are provided with affordable and flexible energy options, including the provision of energy discounted rates to eligible low-income households;
10 -3-
(m) Recognize and address the importance of healthy communities, including those disproportionately affected by air pollution and climate change;
(n) Use program revenues to provide energy-related programs and services; and
(o) Create an administering CPA that is financially sustainable, responsive to regional priorities, well -managed, and a leader in fair and equitable treatment of employees.
1. DEFINITIONS
1.1 "AB 117" means Assembly Bill 117 (Stat. 2002, Ch. 838, codified at Public Utilities Code Section 366.2), which created Community Choice Aggregation.
1.2 "Act" means the Joint Exercise of Powers Act of the State of California (Chapter 5, Division 7, Title 1 of the Government Code commencing with Section 6500).
1.3 "Agreement" means this Joint Powers Agreement, as amended and/or restated from time to time, consistent with the requirements herein.
1.4 "Board" means the Board of Directors of CPA.
1.5 "Community Choice Aggregation" or "CCA" means an electric service option available to cities, counties, and other public agencies pursuant to Public Utilities Code Section 366.2.
1.6 "CCA Program" means CPA’s program relating to CCA that is principally described in Section 2.4 (Purpose) of this Agreement.
1.7 "CPA " means Clean Power Alliance of Southern California.
1.8 "CPA Document(s)" means document(s) duly adopted by the Board by resolution or motion implementing the powers, functions and activities of CPA, including but not limited to the Operating Policies and Procedures, the annual budget, and plans and policies .
1.9 "Days" shall mean calendar days unless otherwise specified by this Agreement.
1.10 "Director" means a member of the Board representing a Party , including up to two alternate Directors appointed in accordance with Sections 4.1 (Board of Directors) and 4.2 (Appointment and Removal of Directors) of this Agreement.
1.11 "Effective Date" means the date on which the Agreement shall become effective and CPA shall exist as a separate public agency, as further described in Section
2.1 (Effective Date and Term) of this Agreement. “A&R Effective Date” means the date on which the amendments in the A&R Agreement shall become effective.
1.12 "Initial Costs" means all costs incurred by CPA relating to the establishment and initial operation of CPA , such as the hiring of the executive, technical, and any administrative staff, any required accounting, administrative, technical and legal 11 -4-
services in support of CPA’s initial formation activities or in support of the negotiation, preparation and approval of power purchase agreements. The Board shall determine the termination date for the Initial Costs.
1.13 "Initial Participants" means, for purpose of this Agreement, the Counties of Los Angeles and Ventura, and the cities of Agoura Hills, Alhambra, Beverly Hills, Calabasas, Carson, Claremont, Culver City, Downey, Hawaiian Gardens, Hawthorne, Malibu, Manhattan Beach, Ojai, Paramount, Redondo Beach, Rolling Hills Estates, Santa Monica, Sierra Madre, South Pasadena, Temple City, Thousand Oaks, and West Hollywood consisting of the Parties that joined in accordance with Section 2.3 (Initial Participants) of this Agreement.
1.14 "Operating Policies and Procedures" means the rules, regulations , policies, bylaws, and procedures governing the operation of CPA.
1.15 "Parties" means, collectively, the signatories to this Agreement that have satisfied the conditions in Section 2.3 (Initial Participants) or Section 2.5 (Addition of Parties) of this Agreement, such that they are considered members of CPA.
1.16 "Party" means, singularly, a signatory to this Agreement that has satisfied the conditions in Section 2.3 (Initial Participants) or Section 2.5 (Addition of Parties) of this Agreement, such that it is considered a member of CPA.
1.17 "Public Agency" as defined in the Act includes, but is not limited to, the federal government or any federal department or agency, this state, another state or any state department or agency, a county, a county board of education, county superintendent of schools, city, public corporation, public district, regional transportation commission of this state or another state, a federally recognized Indian tribe, or any joint powers authority formed pursuant to the Act.
2. FORMATION OF CLEAN POWER ALLIANCE OF SOUTHERN CALIFORNIA
2.1 Effective Date and Term. This Agreement shall become effective and CPA shall exist as a separate public agency on the date this Agreement is executed by the County of Los Angeles and at least one other public agency after the adoption of the ordinances required by Public Utilities Code Section 366.2(c)(12).
CPA shall provide notice to the Parties of the Effective Date. CPA shall continue to exist, and this Agreement shall be effective, until the Agreement is terminated in accordance with Section 8.3 (Mutual Termination) of this Agreement, subject to the rights of the Parties to withdraw from CPA.
2.2 Formation of the CPA. Under the Act, the Parties hereby create a separate joint exercise of power agency which is named Clean Power Alliance of Southern California. Pursuant to Sections 6506 and 6507 of the Act, CPA is a public agency separate from the Parties. The debts, liabilities or obligations of CPA shall not be debts, liabilities , or obligations of the individual Parties unless the governing body of a Party agrees in writing to assume any of the debts, liabilities , or obligations of CPA. The jurisdiction o f CPA shall be all territory within the geographic boundaries of the Parties; however CPA may, as authorized under applicable law, undertake any action outside such geographic boundaries as is necessary and incidental to the accomplishment of its purpose. 12 -5-
2.3 Initial Participants. In addition to Parties executing this Agreement on or prior to the Effective Date, any incorporated municipality, county, or other eligible public agency may become a Party and recognized as an Initial Participant provided during the first 180 days after the Effective Date it executes this Agreement and delivers an executed copy of this Agreement and a copy of the adopted ordinance required by Public Utilities Code Section 366.2(c)(12) to CPA.
All Initial Participants to this Agreement shall be required to commence electric service as soon as practicable, as determined by the Board.
2.4 Purpose. The purpose and objectives of this Agreement are to establish CPA, to provide for its governance and administration, and to define the rights and obligations of the Parties. This Agreement authorizes CPA to provide a means by which the Parties can more effectively develop and implement sustainable energy initiatives that reduce energy demand, increase energy efficiency, and advance the use of clean, efficient, and renewable resources in the region for the benefit of the Parties and their constituents, including, but not limited to, establishing and operating a Community Choice Aggregation program.
2.5 Addition of Parties. After 180 days f rom the Effective Date any incorporated municipality, county, or other public agency may become a Party to this Agreement if all of the following conditions are met:
2.5.1 The adoption of a resolution of the Board admitting the public agency to CPA;
2.5.2 The adoption by an affirmative vote of the Board satisfying the requirements described in Section 4.10 (Board Voting) of this Agreement, of a resolution authorizing membership into CPA and establishing its pro rata share of organizational, planning and other pre -existing expenditures , and describing additional conditions , if any, associated with membership;
2.5.3 The adoption by the public agency of an ordinance required by Public Utilities Code Section 366.2(c)(12) and approval and execution of this Agreement and other necessary program agreements by the public agency;
2.5.4 Payment of the membership payment, if any; and
2.5.5 Satisfaction of any reasonable conditions established by the Board.
Pursuant to this Section 2.5 (Addition of Parties), all parties shall be required to commence electric service as soon as is practicable , as determined by the Board, as a condition to becoming a Party to this Agreement.
2.6 Continuing Participation. The Parties acknowledge that membership in CPA may change by the addition, withdrawal and/or termination of Parties. The Parties agree to participate with such other Parties as may later be added, as described in Section 2.5 (Addition of Parties) of this Agreement. The Parties also agree that the withdrawal or termination of a Party shall not affect this Agreement or the remaining Parties' continuing obligations under this Agreement. 13 -6-
3. POWERS
3.1 General Powers. CPA shall have the powers common to the Parties and which are necessary or convenient to the accomplishment of the purposes of this Agreement, subject to the restrictions set forth in Section 3.4 (Limitation on Powers) of this Agreement. As provided in the Act, CPA shall be a public agency separate and apart from the Parties .
3.2 Specific Powers. CPA shall have all powers common to the Parties and such additional powers accorded to it by law. CPA is authorized, in its own name , to exercise all powers and do all acts necessary and proper to carry out the provisions of th is Agreement and fulfill its purposes, including, but not limited to , each of the following:
3.2.1 make and enter into contracts;
3.2.2 employ agents and employees, including but not limited to a Chief Executive Officer;
3.2.3 acquire, contract, manage, maintain, and operate any buildings, works or improvements;
3.2.4 acquire property by eminent domain , or otherwise, except as limited under Section 6508 of the Act , and to hold or dispose of any property;
3.2.5 lease any property;
3.2.6 sue and be sued in its own name;
3.2.7 incur debts, liabilities, and obligations, including but not limited to loans from private lending sources pursuant to its temporary borrowing powers authorized by law pursuant to Government Code Section 53850 et seq. and authority under the Act ;
3.2.8 issue revenue bonds and other forms of indebtedness;
3.2.9 apply for, accept, and receive all licenses , permits, grants, loans or other aids from any federal, state or local public agency ;
3.2.10 form independent corporations or entities, if necessary to carry out energy supply and energy conservation programs at the lowest possible cost or to take advantage of legislative or regulatory changes;
3.2.11 submit documentation and notices, register, and comply with orders, tariffs and agreements for the establishment and implementation of the CCA Program and other energy programs;
3.2.12 adopt rules, regulations, polic ies, bylaws and procedures governing the operation of CPA ("Operating Policies and Procedures") ; and
14 -7-
3.2.13 make and enter into service agreements relating to the provision of services necessary to plan, implement, operate and administer the CCA Program and other energy pr ograms, including the acquisition of electric power supply and the provision of retail and regulatory support services.
3.3 Additional Powers to be Exercised. In addition to those powers common to each of the Parties, CPA shall have those powers that may be conferred upon it as a matter of law and by subsequently enacted legislation.
3.4 Limitation on Powers. As required by Section 6509 of the Act , the powers of CPA are subject to the restrictions upon the manner of exercising power possessed by the County of Los Angeles.
3.5 Obligations of CPA. The debts, liabilities , and obligations of CPA shall not be the debts, liabilities, and obligations of the Parties unless the governing body of a Party agrees in writing to assume any of the debts , liabilities, and obligations of CPA. In addition , pursuant to the Act , no Director shall be personally liable on the bonds or subject to any personal liability or accountability by reason of the issuance of bonds.
3.6 Compliance with the Political Reform Act and Government Code Section 1090. CPA and its officers and employees shall comply with the Political Reform Act (Government Code Section 81000 et seq.) and Government Code Section 1090 et seq. The Board shall adopt a Conflict of Interest Code pursuant to Government Code Section 87300. The Board may adopt additional conflict of interest regulations in the Operating Policies and Procedures.
4. GOVERNANCE
4.1 Board of Directors. The governing body of CPA shall be a Board of Directors ("Board") consisting of one director for each Party appointed in accordance with Section 4. 2 (Appointment and Removal of Directors) of this Agreement. The Board, in consultation with the Chief Executive Offi cer, may determine at any time to consider options to reduce the size of the Board if it determines that the efficient functioning and operation of the Board would be improved by having a smaller number of Directors. Any such change to the size of the Board would require amendment of this Joint Powers Agreement in accordance with Section 4 .11 (Special Voting).
4.2 Appointment and Removal of Directors. The Directors shall be appointed and may be removed as follows:
4.2.1 The governing body of each Party shall appoint and designate in writing one regular Director who shall be authorized to act for and on behalf of the Party on matters within the powers of CPA. The governing body of each Party shall appoint and designate in writing up to two alternate Directors who may vote on matters when the regular Director is absent from a Board meeting. The person appo inted and 15 -8-
designated as the regular Director shall be an elected or appointed member of the governing body of the Party . The persons appointed and designated as the alternate Directors may be an elected or appointed member of the governing body of the Party, an appointed member of an advisory body of the Party, a staff member of the Party or a member of the public who meets the criteria below . All Directors and alternates shall be subject to the Board's adopted Conflict of Interest Code.
(a) Any alternate Director that is a member of the public must have demonstrated knowledge in energy-related matters
through significant experience in either: 1) an electric utility or company, agency, or nonprofit providing services to a utility, 2) a regulatory agency or local government body overseeing an electric utility or a company, agency, or nonprofit providing services to such an agency, 3) an academic or nonprofit organization engaged in research and/or advocacy related to the electric sector.
4.2.2 The Operating Policies and Procedures, to be developed and approved by the Board in accordance with Section 3.2 .12 (Specific Powers), shall specify the reasons for and process associated with the removal of an individual Director for cause. Notwithstanding the foregoing, no Party shall be deprived of its right to seat a Director on the Board and any such Party for which its Director and/or alternate Directors have been removed may appoint a replacement.
4.3 Terms of Office. Each regular and alternate Director shall serve at the pleasure of the governing body of the Party that the Director represents, and may be removed as Director by such governing body at any time. If at any time a vacancy occurs on the Board, the affected Party shall appoint to fill the position of the previous Director within 90 days of the date that such position becomes vacant.
4.4 Purpose of Board. The general purpose of the Board is to:
4.4.1 Provide structure for administrative and fiscal oversight;
4.4.2 Retain a Chief Executive Officer to oversee day-to-day operations;
4.4.3 Retain legal counsel;
4.4.4 Identify and pursue funding sources;
4.4.5 Set policy;
4.4.6 Maximize the utilization of available resources; and
4.4.7 Oversee all Committee activities.
16 -9-
4.5 Specific Responsibilities of the Board. The specific responsibilities of the Board shall be as follows:
4.5.1 Identify Party needs and requirements;
4.5.2 Formulate and adopt the budget prior to the commencement of the fiscal year;
4.5.3 Develop and implement a financing and/or funding plan for ongoing CPA operations;
4.5.4 Retain necessary and sufficient staff and adopt personnel and compensation policies, rules and regulations;
4.5.5 Adopt rules for procuring supplies, equipment, and services
4.5.6 Adopt rules for the disposal of surplus property;
4.5.7 Establish st anding and a d hoc co mmittees as necessary to ens ure that the interests and concerns of each Party are represented and to ensure operational, technical, and financial issues are thoroughly researched and analyzed;
4.5.8 The setting of retail rates for power sold by CPA and the setting of charges for any other category of retail service provided by CPA;
4.5.9 Termination of the CCA Program;
4.5.10 Address any concerns of consumers and customers;
4.5.11 Conduct and oversee CPA audits at intervals not to exceed three years;
4.5.12 Arrange for an annual independent fiscal audit;
4.5.13 Adopt such bylaws, rules and regulations as are necessary or desirable for the purposes hereof; provided that nothing in the bylaws, rules and regulations shall be inconsistent with this Agreement;
4.5.14 Exercise the Specific Powers identified in Sections 3.2 and 4.6 except as the Board may elect to delegate to the Chief Executive Officer; and
4.5.15 Discharge other duties as appropriate or required by statute.
4.6 Startup Responsibilities. CPA shall have the duty to do the following within one year of the Effective Date of the Agreement:
4.6.1 To adopt an implementation plan prepared by the County of Los Angeles, pursuant to Public Utilities Code Section 366.2(c)(3), for electrical load aggregation;
4.6.2 To prepare a statement of intent, pursuant to Public Utilities Code 17 -10-
Section 366.2(c)(4), for electrical load aggregation;
4.6.3 To encourage other qualified public agencies to participate in CPA;
4.6.4 To obtain financing and/or funding as is necessary or desirable;
4.6.5 To evaluate the need for, acquire, and maintain insurance.
4.7 Meetings and Special Meetings of the Board. The Board shall hold at least one regular meeting per year but the Board may provide for the holding of regular meetings at more frequent intervals. The date, hour, and place of each regular meeting shall be fixed by resolution or ordinance of the Board. Regular meetings may be adjourned to another meeting time. Special meetings of the Board may be called in accordance with the provisions of Government Code Section 54956.
Directors may participate in meetings telephonically, with full voting rights, only to the extent permitted by law.
4.8 Brown Act Applicable. All meetings of the Board shall be conducted in accordance with the provisions of the Ralph M. Brown Act (Government Code Section 54950, et seq.).
4.9 Quorum; Approvals. A majority of the Directors shall constitute a quorum, except that less than a quorum may adjourn from time to time in accordance with law. The affirmative votes of a majority of the Directors who are present at the subject meeting shall be required to take any action by the Board.
4.10 Board Voting.
4.10.1 Percentage Vote. Each Director shall have one vote. Action of the Board on all matters shall require an affirmative vote of a majority of all Directors who are present at the subject meeting, except when a supermajority vote is expressly required by this Agreement and except as expressly specified for the election of Board Officers and At -Large members of the Executive Committee in the bylaws. When a supermajority vote is required under Section 4.11 (Special Voting), action of the Board shall require an affirmative vote of the specified supermajority of all Directors who are present at the subject meeting. All votes taken pursuant to this Section 4.10.1 shall be referred to as a percentage vote. Notwithstanding the foregoing, in the event of a tie in a percentage vote, the Board can break the tie and act upon an affirmative voting shares vote as described in section 4.10.2 (Voting Shares Vote)
.
4.10.2 Voting Shares Vote. In addition to and immediately after an affirmative percentage vote three or more Direct ors may request that a vote of the voting shares shall be held. In such event, the corresponding voting shares, as described in section 4.10.3, of all Directors voting in order to take an action shall exceed 50%, or such other higher voting shares percentage expressly required by this Agreement or the Operating Policies and Procedures of all Directors who are present at the subject meeting. All votes taken pursuant to this Section 4.10.2 shall be referred to as a voting shares vote. In the event that any one Director has a voting 18 -11-
share that equals or exceeds that which is necessary to disapprove the matter being voted on by the Board, at least one other Director shall be required to vote in the negative in order to disapprove such matter. When a voting shares vote is held, action by the Board requires both an affirmative percentage vote and an affirmative voting shares vote.
4.10.3 Voting Shares Formula. When a voting shares vote is requested by three or more Directors, voting shares of the Directors shall be determined by the following formula:
(Annual Energy Use/Total Annual Energy) multiplied by 100, where (a) "Annual Energy Use" means (i) with respect to the first two years following the Effective Date, the annual electricity usage, expressed in kilowatt hours ("kWh"), within the Party's respective jurisdiction and (ii) with respect to the period after the second anniversary of the Effective Date, the annual electricity usage, expressed in kWh, of accounts within a Party's respective jurisdiction that are served by CPA and (b) "Total Annual Energy" means the sum of all Parties' Annual Energy Use.
4.11 Special Voting.
4.11.1 Except as provided below, matters that require Special Voting as described in this Section shall require 72 hours prior notice to any Brown Act meeting or special meeting. Two-thirds vote (or such greater vote as required by state law) of the appointed Directors shall be required to take any action on the following:
(a) Change the designation of Treasurer or Auditor of CPA;
(b) Issue bonds or other forms of debt;
(c) Exercise the power of eminent domain, subject to prior approval by the passage of an authorizing ordinance or other legally sufficient action by the affected Party; and
(d) Amend this Agreement or adopt or amend the bylaws of CPA. At least 30 days advance notice shall be provided for such actions.
CPA shall also provide prompt written notice to all Parties of the action taken and enclose the adopted or modified documents .
5. INTERNAL ORGANIZATION
5.1 Chair and Vice Chair s. The Board shall elect a Chair and designate Vice Chairs from among the Directors. The term of office of the Chair and Vice Chair s shall continue for two years. The Chair shall be the presiding officer of all Board meetings, and a Vice Chair shall serve in the absence of the Chair. The Chair shall perform such other duties as may be imposed by the Board. In the absence of the Chair, a Vice- Chair shall perform all of the Chair's duties. The office of the Chair or a Vice Chair shall be declared vacant and a new selection shall be made if: (a) the person serving dies, resigns, or the Party that the person represents removes the person as its 19 -12-
representative on the Board, (b) the Party that he or she represents withdraws f rom CPA pursuant to the provisions of this Agreement , or (c) as specified in the bylaws .
Upon a vacancy, the position shall be filled at the next regular meeting of the Board held after such vacancy occurs or as specified in the bylaws. Succeeding officers shall perform the duties normal to said offices.
5.2 Secretary. The Board shall appoint a Secretary, who need not be a member of the Board, who shall be responsible for keeping the minutes of all meetings of the Board and all other office records of CPA.
5.3 Treasurer. The Board shall appoint a qualified person to act as the Treasurer , who need not be a member of the Board. Unless otherwise exempted from such requirement, CPA shall cause an independent audit to be made by a certified public accountant , or public accountant, in compliance with Section 6506 of the Act. The Treasurer shall act as the depositary of CPA and have custody of all the money of CPA, from whatever source, and as such, shall have all of the duties and responsibilities specified in Section 6505.5 of the Act. The Board may require the Treasurer to file with CPA an official bond in an amount to be fixed by the Board, and if so requested CPA shall pay the cost of premiums associated with the bond. The Treasurer shall report directly to the Board and shall comply with the requirements of treasurers of i ncorporated municipalities. The Board may transfer the responsibilities of Treasurer to any person or entity as the law may provide at the time .
5.4 Auditor. The Board shall appoint a qualified person to act as the Auditor, who shall not be a member of the Board. The Board may require the Auditor to file with CPA an official bond in an amount to be fixed by the Board, and if so requested CPA shall pay the cost of premiums associated with the bond.
5.5 Chief Executive Officer . The Board shall appoint a Chief Executive Officer for CPA, who shall be responsible for the day -to-day operation and management of CPA and the CCA Program. The Chief Executive Officer may exercise all powers of CPA, except those powers specifically reserved to the Board including but not limited to those set forth in Section 4. 5 (Specific Responsibilities of the Board) of this Agreement or the Operating Policies and Procedures, or those powers which by law must be exercised by the Board. The Chief Executive Officer may enter into and execute any Energy Contract, in accordance with criteria and policies established by the Board.
5.6 Bonding of Persons Having Access to Property. Pursuant to the Act, the Board shall designate the public officer or officers or person or persons who have charge of, handle, or have access to any property of CPA exceeding a value as established by the Board, and shall require such public officer or officers or person or persons to file an official bond in an amount to be fixed by the Board.
5.7 Other Employees/Agents. The Board shall have the power by resolution to hire employees or appoint or retain such other agents , including officers, loan- out employees, or independent contractors, as may be necessary or desirable to carry-out the purpose of this Agreement.
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5.8 Privileges and Immunities from Liability. All of the privileges and immunities from liability , exemption from laws, ordinances and rules, all pension , relief, disability, workers ' compensation and other benefits which apply to the activities of officers, agents or employees of a public agency when performing their respective functions shall apply to the officers, agents or employees of CPA to the same degree and extent while engaged in the performance of any of the functions and other duties of such officers, agents or employees under this Agreement. None of the officers, agents or employees directly employed by the Board shall be deemed, by reason of their employment by CPA to be employed by the Parties or by reason of their employment by CPA, to be subject to any of the requirements of the Parties.
5.9 Commissions, Boards and Committees. The Board may establish any advisory commissions, boards and committees as the Board deems appropriate to assist the Board in carrying outs its functions and implementing the CCA Program, other energy programs and the provisions of this Agreement. The Board may establish rules, regulations, policies, bylaws or procedures to govern any such commissions, boards, or committees and shall determine whether members shall be compensated or entitled to reimbursement for expenses.
5.9.1 The Board shall establish the following Advisory Committees:
(a) Executive Committee. The Board shall establish an executive committee consisting of a smaller number of Directors. The Board may delegate to the Executive Committee's such authority as the Board might otherwise exercise, except that the Board may not delegate authority regarding certain essential functions, including but not limited to, approving the fiscal year budget or hiring or firing the Chief Executive Officer , and other functions as provided in the Operating Policies and Procedures. The Board may not delegate to the Executive Committee or any other committee its authority under Section 3.2.12 to adopt and amend the Operating Policies and Procedures.
(b) Finance Committee. The Board shall establish a finance committee consisting of a smaller number of Directors. The primary purpose of the Finance Committee is to review and recommend to the Board:
(1) A funding plan;
(2) A fiscal year budget;
(3) Financial policies and procedures to ensure equitable contributions by Parties;
(4) Such other responsibilities as provided in the Operating Policies and Procedures, including but not limited to
policies, rules and regulations governing investment of surplus funds, and selection and designation of financial 21 -14-
institutions for deposit of CPA funds.
(c) Community Advisory Committee. The Board shall
establish a community advisory committee comprised of members of the public representing key stakeholder communities. The primary purpose of the Community Advisory Committee shall be to provide a venue for ongoing citizen support and engagement in the operations of CPA.
(d) Meetings of the Advisory Committees. All meetings of the Advisory Committees shall be held in accordance with the Ralph M. Brown Act. For the purposes of convening meetings and conducting business, unless otherwise provided in the bylaws, a majority of the members of the Advisory Committee shall constitute a quorum for the transaction of business, except that less than a quorum or the secretary of each Advisory
Committee may adjourn meetings from time- to-time. As soon as practicable, but no later than the time of posting, the Secretary of the Advisory Committee shall provide notice and the agenda to each Party, Director and Alternate Directors.
(e) Officers of Advisory Committees. Unless otherwise determined by the Board, each Advisory Committee shall choose its officers, comprised of a Chairperson, a Vice- Chairperson and a Secretary.
6. IMPLEMENTATION ACTION AND CPA DOCUMENTS
6.1 Preliminary Implementation of the CCA Program.
6.1.1 Enabling Ordinance. In addition to the execution of this Agreement, each Party shall adopt an ordinance in accordance with Public Utilities Code Section 366.2(c)(12) for the purpose of specifying that the Party intends to implement a CCA Program by and through its participati on in CPA.
6.1.2 Implementation Plan. CPA shall cause to be prepared and secure Board approval of an Implementation Plan meeting the requirements of Public Utilities Code Section 366.2 and any applicable Public Utilities Commission regulations as soon after the Effective Date as reasonably practicable.
6.1.3 Termination of CCA Program. Nothing contained in this Section 6 or this Agreement shall be construed to limit the discretion of CPA to terminate the implementation or operation of the CCA Program at any time in accordance with any applicable requirements of state law.
6.2 CPA Documents. The Parties acknowledge and agree that the affairs of CPA will be implemented through various documents duly adopted by the Board through Board resolution or minute action, including but not necessarily limited to the Operating Policies and Procedures, the annual budget, and specified plans 22 -15-
and policies defined as CPA Documents by this Agreement. The Parties agree to abide by and comply with the terms and conditions of all such CPA Documents that may be adopted by the Board, subject to the Parties' right to withdraw from CPA as described in Section 8 (Withdrawal and Termination) of this Agreement.
7. FINANCIAL PROVISIONS
7.1 Fiscal Year. CPA’s fiscal year shall be 12 months commencing July 1 and ending June 30. The fiscal year may be changed by Board resolution.
7.2 Depository.
7.2.1 All funds of CPA shall be held in separate accounts in the name of CPA and not commingled with funds of any Party or any other person or entity .
7.2.2 All funds of CPA shall be strictly and separately accounted for , and regular reports shall be rendered of all receipts and disbursements , at least quarterly during the fiscal year. The books and records of CPA shall be open to inspection and duplication by the Parties at all reasonable times. The Board shall contract with a certified public accountant or public accountant to make an annual aud it of the accounts and records of CPA, which shall be conducted in accordance with the requirements of Section 6506 of the Act.
7.2.3 All expenditures shall be made in accordance with the approved budget and upon the approval of any officer so authorized by the Board in accordance with its Operating Pol icies and Procedures . The Treasurer shall draw checks or warrants or make payments by other means for claims or disbursements not within an applicable budget only upon the prior approval of the Board .
7.3 Budget and Recovery Costs.
7.3.1 Budget. The initial budget shall be approved by the Board. The Board may revise the budget from time to time as may be reasonably necessary to address contingencies and unexpected expenses. All subsequent budgets of CPA shall be prepared and approved by the Board in accordance with the Operating Policies and Procedures.
7.3.2 Funding of Initial Costs. Subject to the approval of the Board of Supervisors, the County of Los Angeles has agreed to provide up to $10 million for funding Initial Costs in establishing CPA and implementing the CCA Program. In the event that the CCA Program becomes operational, the County of Los Angeles shall be reimbursed for the Initial Costs. The County and CPA will execute an agreement specifying the terms and conditions of the Initial Costs provided by the County, including but not limited to : (a) Repayment of this amount, which shall be first priority in relation to all other indebtedness of CPA; and (b) authorization for the County Auditor-Controller to conduct an audit of CPA’s books and records (including personnel records , as necessary) and/or investigation, following 23 -16-
reasonable advance notice from the County, to ensure compliance with the terms and conditions of the agreement. CPA may establish a reasonable time period over which such costs are recovered. In the event that the CCA Program does not become operational, the County shall not be entitled to any reimbursement of the Initial Costs they have paid from CPA or any other Party.
7.3.3 Program Costs. The Parties desire that, to the extent reasonably practicable, all costs incurred by CPA that are directly or indirectly attributable to the provision of electric services under the CCA Program, including the establishment and maintenance of various reserve and performance funds, shall be recovered through charges to CCA customers receiving such el ectric services.
7.3.4 General Costs. Costs that are not directly or indirectly attributable to the provision of electric services under the CCA Program, as determined by the Board, shall be defined as general costs. General costs shall be shared among the Parties on such bases as the Board shall determine pursuant to CPA documents.
7.4 Contributions. Parties are not required under this Agreement to make any financial contributions. Consumers may subscribe as customers of CPA pursuant to the Act and outside of this Agreement and through their on -bill selections.
7.4.1 A Party may, in the appropriate circumstance, and when agreed-to:
(a) Make contributions from its treasury for the purposes set forth in this Agreement;
(b) Make payments of public funds to defray the cost of the purposes of the Agreement and CPA;
(c) Make advances of public funds for such purposes, such advances to be repaid as provided by written agreement; or
(d) Use its personnel, equipment or property in lieu of other contributions or advances.
(e) No Party shall be required to adopt any tax, assessment, fee, or charge under any circumstances.
7.5 Accounts and Reports. The Treasurer shall establish and maintain such funds and accounts as may be required by good accounting practice or by any provision of any trust agreement entered into with respect to the proceeds of any bonds issued by CPA. The books and records of CPA in the hands of the Treasurer shall be open to inspection and duplication at all reasonable times by duly appointed representatives of the Parties. The Treasurer, within 180 days after the close of each fiscal year, shall give a complete written report of all financial activities for such fiscal year to the Parties. 24 -17-
7.6 Funds. The Treasurer shall receive, have custody of and/or disburse CPA funds in accordance with the laws applicable to public agencies and generally accepted accounting practices, and shall make the disbursements required by this Agreement in order to carry out any of the purposes of this Agreement.
8. WITHDRAWAL AND TERMINATION
8.1 Withdrawal
8.1.1 Withdrawal by Parties. Any Party may withdraw its membership in CPA, effective as of the beginning of CPA’s fiscal year , by giving no less than 180 days advance written notice of its election to do so, which notice shall be given to CPA and each Party. Withdrawal of a Party shall require an affirmative vote of the Party's governing board.
8.1.2 Amendment. Notwithstanding Section 8.1. 1 (Withdrawal by Parties) of this Agreement, a Party may withdraw its membership in CPA upon approval and execution of an amendment to this Agreement provided that the requirements of this Section 8.1.2 are strictly followed. A Party shall be deemed to have withdrawn its membership in CPA effective 180 days after the Board approves an amendment to this Agreement if the Director representing such Party has provided notice to the other Directors immediately preceding the Board's vote of the Party's intention to withdraw its membership in CPA should the amendment be approved by the Board.
8.1.3 Continuing Liability; Further Assurances. A Party that withdraws its membership in CPA may be subject to certain continuing liabilities, as described in Section 8.4 (Continuing Liability; Refund) of this Agreement, including, but not limited to, Power Purchase Agreements. The withdrawing Party and CPA shall execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, as determined by the Board, to effectuate the orderly withdrawal of such Party from membership in CPA. The Operating Policies and Procedures shall prescribe the rights i f any of a withdrawn Party to continue to participate in those Board discussions and decisions affecting customers of the CCA Program that reside or do business within the jurisdiction of the Party. Notwithstanding the foregoing, CPA shall use best efforts to sell the withdrawing Party's pro rata share of the liability under its Power Purchase Agreement(s) within the 180 days referenced in Section 8.1.1. In the event CPA sells the withdrawing member's share or a portion thereof, the withdrawing Party will pay the difference between the liability under the Power Purchase Agreement and the liability sold to the other party, if any.
8.2 Involuntary Termination. This Agreement may be terminated with respect to a Party for material non- compliance with provisions of this Agreement or CPA Documents upon an affirmative vote of the Board in which the minimum 25 -18-
percentage vote and percentage voting shares, as described in Section 4. 10 (Board Voting) of this Agreement, shall be no less than 67% excluding the vote and voting shares of the Party subject to possible termination. Prior to any vote to terminate this Agreement with respect to a Party, written notice of the proposed termination and the reason(s) for such termination shall be delivered to the Party whose termination is proposed at least 30 days prior to the regular Board meeting at which such matter shall first be discussed as an agenda item. The written notice of proposed termination shall specify the particular provisions of this Agreement or CPA Documents that the Party has allegedly violated. The Party subject to possible termination shall have the opportunity at the next regular Board meeting to respond to any reasons and allegations that may be cited as a basis for termination prior to a vote regarding termination. A Party that has had its membership in CPA terminated may be subject to certain continuing liabilities, as described in Section 8.4 (Continuing Liability; Refund) of this Agreement. In the event that CPA decides to not implement the CCA Program, the minimum percentage vote of 67% shall be conducted in accordance with Section 4.10 (Board Voting) of this Agreement.
8.3 Mutual Termination. This Agreement may be terminated by mutual agreement of all the Parties; provided, however, the foregoing shall not be construed as limiting the rights of a Party to withdraw its membership in CPA, and thus terminate this Agreement with respect to such withdrawing Party, as described in Section 8.1 (Withdrawal) of this Agreement.
8.4 Continuing Liability; Refund. Upon a withdrawal or involuntary termination of a Party, the Party shall remain responsible for any claims, demands, damages, or liabilities arising from the Party's membership in CPA through the date of its withdrawal or involuntary termination, it being agreed that the Party shall not be responsible for any claims, demands, damages, or liabilities arising after the date of the Party's withdrawal or involuntary termination. In addition, such Party also shall be responsible for any costs or obligations associated with the Party's participation in any program in accordance with the provisions of any agreements relating to such program provided such costs or obligations were incurred prior to the withdrawal of the Party. CPA may withhold funds otherwise owing to the Party or may require the Party to deposit sufficient funds with CPA, as reasonably determined by CPA, to cover the Party's liability for the costs described above. Any amount of the Party's funds held on deposit with CPA above that which is required to pay any liabilities or obligations shall be returned to the Party.
8.5 Disposition of CPA Assets. Upon termination of this Agreement and dissolution of CPA by all Parties, and after payment of all obligations of CPA , the Board:
8.5.1 May sell or liquidate CPA property; and
8.5.2 Shall distribute assets to Parties in proportion to the contributions made by the existing Parties.
Any assets provided by a Party to CPA shall remain the asset of that Party and shall not be subject to distribution under this section. 26 -19-
9. MISCELLANEOUS PROVISIONS
9.1 Dispute Resolution. The Parties and CPA shall make reasonable efforts to settle all disputes arising out of or in connection with this Agreement. Before exercising any remedy provided by law, a Party or the Parties and CPA shall engage in nonbinding mediation or arbitration in the manner agreed upon by the Party or Parties and CPA.
The Parties agree that each Party may specifically
enforce this section 9.1 (Dispute Resolution). In the event that nonbinding mediation or arbitration is not initiated or does not result in the settlement of a dispute within 60 days after the demand for mediation or arbitration is made, any Party and CPA may pursue any remedies provided by law.
9.2 Liability of Directors, Officers, and Employees. The Directors , officers, and employees of CPA shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No current or former Director, officer , or employee will be responsible for a ny act or omission by another Director, officer, or employee.
CPA shall defend, indemnify and hold harmless the individual current and former Directors, officers, and employees for any acts or omissions in the scope of their employment or duties in the manner provided by Government Code Section 995 et seq. Nothing in this section shall be construed to limit the defenses available under the law, to the Parties, CPA, or its Directors, officers, or employees.
9.3 Indemnification of Parties. CPA shall acquire such insurance coverage as is necessary to protect the interests of CPA, the Parties and the public. CPA shall defend, indemnify and hold harmless the Parties and each of their respective governing board members, officers , agents and employees , from any and all claims, losses, damages, costs, injuries and liabilities of every kind arising directly or indirectly from the conduct, activities, operations , acts and omissions of CPA under this Agreement.
9.4 Notices. Any notice required or permitted to be made hereunder shall be in writing and shall be delivered in the manner prescribed herein at the principal place of business of each Party. The Parties may give notice by (1) personal delivery; (2) e-mail; (3) U .S. Mail, first class postage prepaid, or a faster delivery method; or (4) by any other reasonable method deemed appropriate by the Board.
Upon providing written notice to all Parties, any Party may change the designated address or e -mail for receiving notice .
All written notices or correspondence sent in the described manner will be deemed given to a party on whichever date occurs earliest: (1) the date of personal delivery; (2) the third business day following deposit in the U .S. mail, when sent by "first class " mail; or (3) the date of transmission, when sent by e -
m
ail or facsimile.
9.5 Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of each Party.
27 -20-
9.6 Assignment. Except as otherwise expressly provided in this Agreement, the rights and duties of the Parties may not be assigned or delegated without the advance written consent of all of the other Parties, and any attempt to assign or delegate such rights or duties in contravention of this Section 9. 6 shall be null and void. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the Parties. This Section 9.6 does not prohibit a Party from entering into an independent agreement with another agency, person, or entity regarding the financing of that Party's contributions to CPA, or the disposition of the proceeds which that Party receives under this Agreement, so long as such independent agreement does not affect, or purport to affect , the rights and duties of CPA or the Parties under this Agreement.
9.7 Severability. If any one or more of the terms, provisions , promises, covenants, or conditions of this Agreement were adjudged invalid or void by a court of competent jurisdiction , each and all of the remaining terms, provisions, promises, covenants, and conditions of this Agreement shall not be affected thereby and shall remain in full force and effect to the maximum extent permitted by law.
9.8 Governing Law. This Agreement is made and to be performed in the State of California, and as such California substantive and procedural law shall apply .
9.9 Headings. The section headings herein are for convenience only and are not to be construed as modifying or governing the language of this Agreement.
9.10 Counterparts. This Agreement may be executed in any number of counterparts, and upon execution by all Parties, each executed counterpart shall have the same force and effect as an original instrument and as if all Parties had signed the same instrument. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal effect of any signatures thereon, and may be attached to another counterpart of this Agreement identical in form hereto but having attac hed to it one or more signature pages.
9.11 No Third Party Beneficiaries. This Agreement and the obligations hereunder are not intended to benefit any party other than CPA and its Parties, except as expressly provided otherwise herein. No entity that is not a signatory to this Agreement shall have any rights or causes of action against any party to this Agreement as a result of that party 's performance or non-performance under this Agreement, except as expressly provided otherwise herein .
9.12 Filing of Notice of Agreement. Within 30 days after the Effective Date, or amendment thereto, the Secretary shall cause to be filed with the Secretary of State the notice of Agreement required by the Act.
IN WITNESS WHEREOF, each Party has caused this Agreement to be executed and attested by its proper officers thereunto duly authorized, its official seals to be hereto affixed, as follows:
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[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
29 CLEA
N POWER ALLIANCE OF SOUTHERN CALIFORNIA
BY _
________________________________ DATE: November 3, 2022 Julian Gold, Chair
APPRO
VED AS TO FORM
Nancy Whang
By:
__________________________________
General Counsel
30 Exhibit A - Members
The following entities are Parties of the Clean Power Alliance of Southern California:
1. Agoura Hills
2. Alhambra
3. Arcadia
4. Beverly Hills
5. Calabasas
6. Camarillo
7. Carson
8. Claremont
9. Culver City
10. Downey
11. Hawaiian Gardens
12. Hawthorne
13. Hermosa Beach
14. Los Angeles County
15. Malibu
16. Manhattan Beach
17. Monrovia
18. Moorpark
19. Ojai
20. Oxnard
21. Paramount
22. Redondo Beach
23. Rolling Hills Estates
24. Santa Monica
25. Santa Paula
26. Sierra Madre
27. Simi Valley
28. South Pasadena
29. Temple City
30. Thousand Oaks
31. Ventura City
32. Ventura County
33. West Hollywood
34. Westlake Village
35. Whittier
31 Ordinance No.______________________
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
THE JOINT POWERS AGREEMENT FOR CLEAN POWER ALLIANCE OF
SOUTHERN CALIFORNIA, AUTHORIZING THE IMPLEMENTATION OF A
COMMUNITY CHOICE AGGREGATION PROGRAM, AND AMENDING THE
MUNICIPAL CODE TO ADD SECTION 14-16 TO CHAPTER 14 “PUBLIC UTILITIES AND CITY SERVICES”
WHEREAS, the City of Lynwood has been actively investigating options toprovide electric services to constituents within its service area with the intent ofachieving greater local involvement over the provision of electric services and promoting renewable energy at competitive rates;
WHEREAS, on September 24, 2002, the Governor signed into law Assembly Bill 117 (Stat. 2002, Ch. 838; see California Public Utilities Code section 366.2; hereinafter referred to as the “Act"), which authorizes any California city or county,whose governing body so elects, to combine the electricity load of its residents and businesses in a community-wide electricity aggregation program known as Community Choice Aggregation;
WHEREAS, the Act expressly authorizes participation in a Community Choice Aggregation (CCA) program through a joint powers agency; WHEREAS, through Docket No. R.03-10-003, the California Public Utilities Commission has issued various decisions and rulings addressing the implementation of CCA programs, including a procedureby which the California Public Utilities Commission will review “Implementation Plans," which are required for submittal under the Act as the means of describing the CCA program and assuring compliance with various elements contained in the Act;
WHEREAS, the Clean Power Alliance of Southern California (CPA) is a joint powers authority established pursuant to California Government Code section 6500 et seq. and California Public Utilities Code section 366.2(c) and a Joint Powers Agreement (“Joint Powers Agreement"), which purposes include the following:
To form a Joint Powers Authority known as “Clean Power Alliance of Southern California” (formerly known as “Los Angeles Community Choice Energy Authority”); and
To specify the terms and conditions by which participants may participate as a group in energy programs, including the implementation of a CCA program; WHEREAS, an Implementation Plan Addendum will be submitted for review and adoption by the CPA Board of Directors;
32 WHEREAS, Community Choice Aggregation by and through CPA appears to provide a reasonable opportunity to accomplish all of the following:
To provide greater levels of local involvement in and collaboration on energy decisions;
To increase the amount of renewable energy available to CPA energy customers; To provide price stability, long-term electricity cost competitiveness and other benefits for the community; and
To reduce greenhouse gas emissions related to the electricity sector.
WHEREAS, the Act requires CCA program participants to individually adopt an ordinance (“CCA Ordinance") electing to implementa CCA program within its jurisdiction by and through its participation in CPA;
WHEREAS, it is in the public's interest and welfare to establish a CCA program within the City of Lynwood and
WHEREAS, the Joint Powers Agreement expressly allows the City to withdraw its membership in CPA by complying with requirements, liabilities, and obligations specified in Section 8 of the Joint Powers Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1 . That the recitals set forth above are true and correct and are incorporated as though fully set forth herein.
SECTION 2. Based upon the findings and declarations set forth in this ordinance, and in order to provide businesses and residents within the jurisdictional boundaries of the City with a choice of power providers and with the benefits described in the recitals above, the City Council hereby elects to implement a CCA program within the City's jurisdictional boundaries. Upon approval and execution of the Joint Powers Agreement, the City will implement the CCA program by and through the City's participation in CPA.
SECTION 3. AMENDMENT; ADDITIONS. Section 14-16 “Community Choice Aggregation Program” hereby will be added to Chapter 14 “Public Utilities and City Services” of the Lynwood Municipal Code as follows (deletions in strikethrough and additions in double underline):
33 CHAPTER 14 PUBLIC UTILITIES AND CITY SERVICES
14-16 COMMUNITY CHOICE AGGREGATION PROGRAM
14-16
COMMUNITY CHOICE AGGREGATION PROGRAM
14-16.1 Purpose:
The City of Lynwood joins the Joint Powers Authority known as “Clean Power Alliance of Southern California” (“CPA” - formerly known as “Los Angeles Community Choice Energy Authority”), and implement the Community Choice Aggregation program (“CCA”), which provides greater levels of local involvement in and collaboration on energy decisions, for the purposes of:
(a) Increase the amount of renewable energy available to CPA energy customers; (b) Providing price stability, long-term electricity cost competitiveness and other benefits for the community; and
(c) Reducing greenhouse gas emissions related to the electricity sector. 14-16.2 Program Implementation:
In order to provide businesses and residents within the jurisdictional boundaries of the City with a choice of power providers, a CCA program is implemented within the City's jurisdictional boundaries pursuant to the Joint Powers Agreement.
SECTION 4. That the City Council hereby approves the Joint Powers Agreement and directs that the City proceed with the participation in CPA.
SECTION 5. That the City Council declares that, should any provision, section, paragraph, sentence, or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this ordinance as hereby adopted shall remain in full force and effect.
SECTION 6. That this ordinance shall become effective thirty (30) days after its adoption.
SECTION 7 . That the City’s membership in the Joint Powers Agreement is contingent upon approval of CPA’s Implementation Plan Addendum by the California Public Utilities Commission (CPUC), and if the CPUC rejects the Implementation Plan Addendum or specifies an enrollment date later than 2025, the City Council may rescind this ordinance on or before November 1, 2024 without being subject to the provisions of Section 8 of the Joint Powers Agreement.
34 SECTION 8 . That the City Council finds that it has the authority to adopt this ordinance, that the ordinance is constitutionally valid, and that the ordinance is consistent with the general powers and purposes of the City.
SECTION 9. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption.
PASSED, APPROVED AND ADOPTED this 21st day of November, 2023 Oscar Flores, Mayor
ATTEST:
________________________
Maria Quiñonez, City Clerk
APROVED AS TO FORM: APPROVED AS TO CONTENT:
Noel Tapia, City Attorney Ernie Hernandez, City Manager 35 AGENDA STAFF REPORT
DATE:
December
5, 2023
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Harry Wong, Director of Finance & Administration
Lilly Hampton, Senior Accounting Technician
SUBJECT:
APPROVAL OF THE WARRANT REGISTER
12-05-2023-
CC - WARRANT
RESOLUTION TEMPLATE.docx
WARRANT RUN 12-5-2023.pdf
Agenda Item # 9.1.
Recommendation:
Staff respectfully recommends that the City Council of the City of Lynwood approve the warrant register dated December 5,2023 for FY 2023-2024 Background:
N/A
Discussion and Analysis:
N/A
Fiscal Impact:
FY 2023-2024
Coordinated With:
City Manager
City Attorney
ATTACHMENTS:
Description
City Council City Council Regular Meeting 36
RESOLUTION NO. 2023.xxx
Warrant Registers Dated 12-05-2023
PASSED, APPROVED and ADOPTED this 05th day of December 2023.
Oscar Flores, Mayor
ATTEST:
__________________________
Maria Quiňonez, Ernie Hernandez,
City Clerk City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
________
Noel Tapia, Harry Wong,
City Attorney Director of Finance and Administration
37 STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, Maria Quinonez, 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 meeting held on the 05th day of December 2023.
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE, MAYOR
PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
_____________________ Date: _______________________
Maria Quiňonez,
City Clerk
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, Maria Quinonez, 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. 2023.xxx on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 05th day of December 2023. __________________________ Date: _________________________ Maria Quiňonez,
City Clerk
38 apCkHist Void Check Listing Page:1
11/28/2023 9:46AM City of Lynwood
Bank code: apbank
Void Check# Date Vendor Status ClearNoid Date Reason-void/Reissue Inv. Date Amount Paid Check Total --
207662 05/16/2023 013869 LUIS NAVARRO V 11/13/2023 STALE DATED 05/02/2023 99.00 99.00 208482 08/15/2023 013953 ALFONSO BANNUELO V 11/13/2023 STALE DATED 06/19/2023 179.42 179.42 208487 08/15/2023 013957 FAISAL IQBAL V 11/13/2023 STALE DATED 06/19/2023 122.41 122.41 208491 08/15/2023 013946 NADINE MCCORD V 11/13/2023 STALE DATED 06/19/2023 382.68 382.68 208492 08/15/2023 013948 JOSE J. MENDOSA V 11/13/2023 STALE DATED 06/19/2023 209.10 209.10 208496 08/15/2023 013949 FILIBERTO VELASCO V 11/13/2023 STALE DATED 06/19/2023 0.67 0.67 208497 08/15/2023 013951 GERMAINE WILTON V 11/13/2023 STALE DATED 06/19/2023 374.38 374.38 209014 11/07/2023 013738 AMAZON CAPITAL V 11/15/2023 WRONG INVOICE-209297 10/22/2023 683.61 V 11/15/2023 1 YV6-HRDQ-DT9L 10/22/2023 604.67
V 11/15/2023 1153-65XN-4RLN 09/12/2023 131.28
V 11/15/2023 1XP7-CFJQ-GVC1 08/15/2023 49.91
V 11/15/2023 1 VNJ-9QLQ-V96D 08/07/2023 16.48 1,485.95
209027 11/07/2023 013700 FATIMA CAMPOS V 11/22/2023 RETURN BANK-209307 10/03/2023 1,392.00 V 11/22/2023 013700-083023 09/25/2023 1,344.00
V 11/22/2023 013700-072623 07/26/2023 1,272.00 4,008.00 209042 11/07/2023 012042 RAUL ECHEMENDIA V 11/22/2023 RETURN BANK-209308 03/08/2022 10,231.73 10,231.73 209111 11/07/2023 008805 RPW SERVICES, INC. V 11/14/2023 WRONG INVOICE-209298 09/29/2023 125.00 125.00 209155 11/09/2023 013835 PAT WEST LLC V 11/14/2023 NOT UPLOADED-209280 08/22/2023 15,000.00 15,000.00 209157 11/09/2023 001364 DIANA ROMERO V 11/22/2023 RETURN BANK-209309 10/27/2023 280.00 V 11/22/2023 001364-102823 10/28/2023 220.45 500.45
209251 11/21/2023 000519 S&S WORLDWIDE V 11/22/2023 WRONG AMOUNT-209299 11/06/2023 1,007.25 V 11/22/2023 IN101284370 10/18/2023 139.79
V 11/22/2023 INV101287410 10/24/2023 138.00 1,285.04
Page: 1
39 apCkHist
11/28/2023 9:46AM
Bank code: apbank
Check History Listing
City of Lynwood
Check# Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid apbank Total:
15 checks in this report Total Checks:
Page:2
Check Total
34,003.83
34,003.83
Page:2
40 vchlist
11/21/2023
Bank code:
Voucher
209278
209279
209280
209281
209282
8:45:39AM
apbank
Date Vendor
11/14/2023 013425 MATSON, PATRICK
11/14/2023 002044 SUPERIOR WAREHOUSE
11/14/2023 013835 PAT WEST LLC
11/15/2023 014057 MUNOZ, OLGA
11/15/2023 014057 MUNOZ, OLGA
5 Vouchers for bank code : apbank
5 Vouchers in this report
Prepaid-Check List
City of Lynwood
Invoice
013425-111723
134818
0311
100-A
100
Page: 3
PO# Description/ Account Amount
PER DIEM 210.00
Total: 210.00
GIFT CARDS SENIOR TURKEY 3,000.00
Total: 3,000.00
05-001974 STRATEGIC PLANNING GOAL 15,000.00
Total: 15,000.00
COMMUNITY ACTIVITY EXPENSES 2,600.00
Total: 2,600.00
COMMUNITY ACTIVITY EXPENSES 1,000.00
Total: 1,000.00
Bank total: 21,810.00
Total vouchers: 21,810.00
Page: 3
41 vchlist Prepaid-Check List Page: 4
11/21/2023 1:35:36PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 209283 11/15/2023 001087 FANTASYFLOWERSANDGIFTS 0201 01-001812 COMMUNITY ACTIVITY EXPENSES 1,664.78 Total: 1,664.78
209284 11/16/2023 013459 ENRIQUEZ, FRANCIS 2018 COMMUNITY ACTIVITY EXPENSES 1,020.00 Total: 1,020.00
209285 11/16/2023 001330 CANON FINANCIAL SERVICES, INC. 31473022 CA 2023 PROPERTY TAX 211.45 31529791 NOVEMBER LEASE PAYMENT 759.67
Total: 971.12
209286 11/16/2023 011188 INSURANCE COMPANY, THE LINCOLN 4609734034 LTD PREMIUM 11/2023 4,436.45 Total: 4,436.45
209287 11/16/2023 000486 LIBERTY UTILITIES 200006750273-110223 WATER SERVICES 171.25 200006750281-110223 WATER SERVICES 49.36
200006750299-110223 WATER SERVICES 49.36
Total: 269.97
209288 11/16/2023 014025 PARTY WHOLESALE USA LLC 20381579 COMMUNITY GARDEN EXPENSE 319.93 Total: 319.93
209289 11/16/2023 014052 PEREZ, NANSI 0285709 COMMUNITY ACTIVITY EXPENSES 650.00 Total: 650.00
209290 11/16/2023 004854 PETTY CASH- FINANCE 004854-111323 REPLENISH BOX 748.84 Total: 748.84
209291 11/16/2023 014037 SANTANA, YURIANA 014037-121423 COMMUNITY ACTIVITY EXPENSES 4,260.00 Total: 4,260.00
209292 11/16/2023 000163 SOUTHERN CALIFORNIA EDISON 000163-111623 STREET LIGHTING 32,185.42 Total: 32,185.42
209293 11/16/2023 013288 SPECTRUM 0244895110123 INTERNET AND CABLE FOR CITY 219.98 Total: 219.98
209294 11/16/2023 002386 T-MOBILE USA, INC 983463843-102123 UTILITY EXPENSE 288.00 Page: 4
42 vchlist
11/22/2023 9:39:50AM
Bank code: apbank
Voucher
209294
209295
209296
209297
209298
209299
209307
209308
209309
Date Vendor
11/16/2023 002386 002386 T-MOBILE USA, INC
11/16/2023 013619 TOYOTA FINANCIAL SERVICES
11/20/2023 013084 LE, JESS I CA
11/20/2023 013738 AMAZON CAPITAL SERVICES INC
11/20/2023 008805 RPW SERVICES, INC.
11/20/2023 000519 S&S WORLDWIDE
11/22/2023 013700 CAMPOS, FATIMA
11/22/2023 012042 ECHEMENDIA, RAUL
11/22/2023 001364 ROMERO, DIANA
20 Vouchers for bank code :
20 Vouchers in this report
apbank
Prepaid-Check List
City of Lynwood
Invoice
(Continued)
0017362931-110623
Ben157626
11 K3-6KXN-4RLN
1 VNJ-9QLQ-V96D
1 X9L-MRWG-DKG7
1 XP7-CFJQ-GVC1
1 YV6-HRDQ-DT9L
36572
IN101284370
IN101294920
INV101287410
013700-072623
013700-083023
013700-092723
001927-0140
001364-102823
INV874
Page: 5
PO# Description/Account Amount
Total: 288.00
AUTO EXPENSES 777.65
Total: 777.65
JESSICA HERRERA: PAYMENT 293.00
Total: 293.00
COMPUTER SUPPLIES 131.28
COMPUTER SUPPLIES 16.48
COMPUTER SUPPLIES 683.61
COMPUTER SUPPLIES 49.91
COMPUTER SUPPLIES 604.67
Total: 1,485.95
06-010060 PEST CONTROL 1,800.00
Total: 1,800.00
08-005227 OPERATING SUPPLIES 139.79
08-005227 OPERATING SUPPLIES 1,007.25
08-005227 OPERATING SUPPLIES 138.07
Total: 1,285.11
08-005215 PROF & CONTRACTUAL SERVICE 1,272.00
08-005215 PROF & CONTRACTUAL SERVICE 1,344.00
08-005215 PROF & CONTRACTUAL SERVICE 1,392.00
Total: 4,008.00
REFUNDABLE DEPOSIT 10,231.73
Total: 10,231.73
COMMUNITY ACTIVE EXPENSES 220.45
COMMUNITY ACTIVE EXPENSES 280.00
Total: 500.45
Bank total: 67,416.38
Total vouchers: 67,416.38
Page: 5
43 vchlist
11/27/2023
Bank code:
Voucher
209300
209301
209302
9:34:17AM
apbank
Date Vendor
11/20/2023 013288 SPECTRUM
11/20/2023 013288 SPECTRUM
11/20/2023 013288 SPECTRUM
3 Vouchers for bank code : apbank
3 Vouchers in this report
Prepaid-Check List
City of Lynwood
Invoice
0543478101623
0603173101523
0031912101623
Page: 6
PO# Description/Account Amount
INTERNET/ CABLE SERVICE 219.98
Total: 219.98
INTERNET/ CABLE SERVICE 188.93
Total: 188.93
INTERNET/ CABLE SERVICE 150.02
Total: 150.02
Bank total: 558.93
Total vouchers : 558.93
Page: 6
44 vchlist
11/21/2023
Bank code:
Voucher
209303
209304
209305
209306
4:13:50PM
apbank
Date Vendor
11/21/2023 001364 ROMERO, DIANA
11/21/2023 008016 SEAN HILLER
11/21/2023 000164 THE GAS CO.
11/21/2023 011963 WEX BANK
4 Vouchers for bank code : apbank
4 Vouchers in this report
Prepaid-Check List
City of Lynwood
Invoice
001364-111223
008016-112023
000164-112023
93128471
PO#
Page: 7
Description/Account Amount
COMMUNITY ACTIVITY EXPENSES 223.04
Total: 223.04
COMMUNITY ACTIVITY EXPENSES 500.00
Total : 500.00
GAS SERVICES 4,578.61
Total: 4,578.61
FUEL CHARGES 13,569.20
Total: 13,569.20
Bank total: 18,870.85
Total vouchers : 18,870.85
Page: 7
45 9vchlist
11/27/2023 3:56:44PM
Bank code: apbank
Voucher Date Vendor
209310 12/5/2023 005078 4IMPRINT, INC.
209311 12/5/2023 013931 AETNA RESOURCES FOR LIVING
209312 12/5/2023 010746 ALVAREZ-GLASMAN &COLVIN
209313 12/5/2023 002452 AMERICAN LANGUAGE SVCS.
209314 12/5/2023 011094 AM-TEC TOTAL SECURITY, INC.
209315 12/5/2023 012693 ANIMAL EMERGENCY, LONG BEACH
Check List
City of Lynwood
Invoice
11866552
E0306248
2023-07-20810-HR
2023-07-20810-PW
2023-07-20812-LIT
2023-08-20850-CD
2023-08-20850-FIN
2023-08-20851-CANNAB
2023-08-20853-ALAMED
77710
632191
692378,692399
692460
692848
692850
692889
692942
693083
Page: 8
PO# Description/Account Amount
08-005225 COMMUNITY ACTIVITY EXPENSES 533.45
Total: 533.45
05-001970 EMPLOYEE ASSISTANCE PROGRAM- 218.23
BENEFIT
Total: 218.23
01-001805 LEGAL SERVICES 448.50
01-001805 LEGAL SERVICES 188.00
LEGAL SERVICES 3,683.50
01-001805 LEGAL SERVICES
01-001805 LEGAL SERVICES
16,687.01
01-001805 LEGAL SERVICES
352.50
01-001787 LEGAL SERVICES 2,523.69
1,828.50
Total: 25,711.70
01-001803 TRANSLATION SERVICE 551.50
Total: 551.50
08-005189 MONITORING SERVICE FOR HENNING 91.50
Total: 91.50
11-002264 ANIMAL EMERGENCY VETERINARY 585.41
11-002264 ANIMAL EMERGENCY VETERINARY 385.07
11-002264 ANIMAL EMERGENCY VETERINARY 248.16
11-002264 ANIMAL EMERGENCY VETERINARY 248.16
11-002264 ANIMAL EMERGENCY VETERINARY 681.36
11-002264 ANIMAL EMERGENCY VETERINARY 153.47
11-002264 ANIMAL EMERGENCY VETERINARY 236.07
Page: 8
46 vchlist Check List Page: 9
11/27/2023 3:56:44PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 209315 12/5/2023 012693 ANIMAL EMERGENCY, LONG BEACH (Continued) 693172 11-002264 ANIMAL EMERGENCY VETERINARY 153.47
693465 11-002264 ANIMAL EMERGENCY VETERINARY 393.23
693618 11-002264 ANIMAL EMERGENCY VETERINARY 153.47
693680 11-002264 ANIMAL EMERGENCY VETERINARY 153.47
693681 11-002264 ANIMAL EMERGENCY VETERINARY 269.31
693685 11-002264 ANIMAL EMERGENCY VETERINARY 153.47
693690 11-002264 ANIMAL EMERGENCY VETERINARY 153.47
693693 11-002264 ANIMAL EMERGENCY VETERINARY 153.47
693732 11-002264 ANIMAL EMERGENCY VETERINARY 153.47
693808 11-002264 ANIMAL EMERGENCY VETERINARY 287.45
694003 11-002264 ANIMAL EMERGENCY VETERINARY 312.52
694128 11-002264 ANIMAL EMERGENCY VETERINARY 287.45
694469 11-002264 ANIMAL EMERGENCY VETERINARY 296.12
694674 11-002264 ANIMAL EMERGENCY VETERINARY 242.98
695029,695059 11-002264 ANIMAL EMERGENCY VETERINARY 651.87 695030,695060 11-002264 ANIMAL EMERGENCY VETERINARY 651.87 695039 11-002264 ANIMAL EMERGENCY VETERINARY 1,205.25
695062 11-002264 ANIMAL EMERGENCY VETERINARY 410.64
695295, 695323 11-002264 ANIMAL EMERGENCY VETERINARY 1,492.13 Total: 10,112.81
209316 12/5/2023 013290 ARTURO RAMIREZ 013290-111423 COMMISSIONER STIPEND 50.00 Total: 50.00
209317 12/5/2023 000115 BAUTISTA, JUAN ANTONIO 000115-080323 08-005230 KARATE INSTRUCTOR 739.20 000115-101223 08-005230 KARATE INSTRUCTOR 1,041.60
Total: 1,780.80
209318 12/5/2023 005848 BOWMAN INFRASTRUCTURE ENG LTD 28856 11-002280 PLAN CHECK/BUILDING INSPECTIONS 4,160.00 28864 11-002280 PLAN CHECK/BUILDING INSPECTIONS 33,363.28 Total: 37,523.28
209319 12/5/2023 007782 CAMACHO, GABRIELA 007782-123123 ELECTRONIC/MEDIA AND AUTO EXPENES 500.00 Total: 500.00
209320 12/5/2023 013700 CAMPOS, FATIMA 013700-103023 08-005215 PROF & CONTRACTUAL SERVICES 1,776.00 Page: 9
47 vchlist Check List Page: 10
11/27/2023 3:56:44PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 209320 12/5/2023 013700 CAMPOS, FATIMA (Continued)
013700-112923 08-005215 PROF & CONTRACTUAL SCVS 1,560.00 Total: 3,336.00
209321 12/5/2023 014060 CERVANTES, OSCAR 001736-0086 REFUND - 5407 FERTILE ST 750.00 Total: 750.00
209322 12/5/2023 002319 CINDY'S JUMPERS 71710 08-005186 COMMUNITY ACTIVITY EXPENSES 2,808.00 Total: 2,808.00
209323 12/5/2023 001168 CINTAS CORPORATION NO. 2 5184519733 08-005199 FIRST AID CABINETS IN REC 184.48 Total: 184.48
209324 12/5/2023 004168 CINTAS FIRE PROTECTION 5184519705 CD FIRST AID CABINET 135.22 Total: 135.22
209325 12/5/2023 006775 CMTA 200004671 CMTA WEBINAR 25.00 Total: 25.00
209326 12/5/2023 013555 COLLINS, JORDAN 013555-111523 08-005216 PROF & CONTRACTUAL SCVS 480.00 013555-111623 08-005216 PROF & CONTRACTUAL SCVS 520.00
Total: 1,000.00
209327 12/5/2023 014036 CONSTRUCTION AND DESIGN, DREAMWORK 1371 06-010097 REPLACEMENT OF APPARATUS BAY 80,598.00 Total: 80,598.00
209328 12/5/2023 001306 CORELOGIC SOLUTIONS, LLC. 30689085 PROPERTY OWNER INFORMATION 332.72 Total: 332.72
209329 12/5/2023 006380 COUNTY OF LOS ANGELES IN1294762 DEPT OF PUBLIC HEAL TH FEE 37.00 Total: 37.00
209330 12/5/2023 002486 CSMFO 002486-020224 CSMFO CONFERENCE 515.00 300013183 CSMFO MEMBERSHIP DUE 135.00
Total: 650.00
209331 12/5/2023 013751 CUELLAR, LUIS GERARDO 013751-113023 ELECTRONIC/MEDIA AND AUTO EXPENES 500.00 Page: 10
48 vchlist
11/27/2023
Bank code:
Voucher
209331
209332
209333
209334
209335
209336
209337
209338
209339
209340
209341
209342
3:56:44PM
apbank
Date Vendor
12/5/2023 013751 013751 CUELLAR, LUIS GERARDO
12/5/2023 000305 CULLIGAN
12/5/2023 000138 DAILY JOURNAL CORPORATION
12/5/2023 003352 DEPT. OF JUSTICE CTRL SERVICES
12/5/2023 013520 DESIGN INC., CALIFORNIA LANDSCAPE &
12/5/2023 013884 DIAZ, JORGE
12/5/2023 011246 EF AX CORPORA TE
12/5/2023 013455 ELITE POWER SYSTEMS
12/5/2023 013739 ENGINEERING SERVICES INC, PTM
Checklist
City of Lynwood
Invoice
(Continued)
1340083
B3749740
B3755636
691779
38783
013884-111423
4677744
737
013739-111423-2
013739-111423-3
12/5/2023 012135 ENGINEERING SOLUTIONS,INC, RAMBOLL AM1690118410 1690120030
12/5/2023 013973 ENTERPRISE FM TRUST FBN4882648
12/5/2023 003317 FAIR HOUSING FOUNDATION QUARTER 2 - OCTOBER Page: 11
PO# Description/Account Amount
Total: 500.00
06-009971 RENTAL OF DRINKING WATER EQUIPM 81.52
Total: 81.52
PUBLICATION SERVICES 3,300.00
11-002258 PUBLICATION SERVICES 255.00
Total: 3,555.00
BACKGROUND CHECK SERVICES 32.00
Total: 32.00
06-009484 PROF & CONTRACTUAL SERVICES 92,503.70
Total: 92,503.70
COMMISSIONER STIPEND 50.00
Total: 50.00
EFAX-OCT 2023 159.50
Total: 159.50
06-010077 PROF & CONTRACTUAL SERVICES 6,260.00
Total: 6,260.00
06-009817 PROF & CONTRACTUAL SERVICES 211,045.44
06-009818 PROF & CONTRACTUAL SERVICES 133,029.55
Total: 344,074.99
11-002286 PROF & CONTRACTUAL SERVICES 5,429.89
11-002286 PROF & CONTRACTUAL SERVICES 5,373.11
Total: 10,803.00
06-010052 AUTO EXPENSES 5,154.53
Total: 5,154.53
11-002266 CDBG SUBRECIPIENT 1,168.32
Total: 1,168.32
Page: 11
49 vchlist Check List Page: 12
11/27/2023 3:56:44PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amoun1 209343 12/5/2023 013503 FINANCIAL SERVICES LLC, PITNEY BOWES G 3106370862 PITNEY BOWES LEASE 865.07 Total: 865.07
209344 12/5/2023 000003 FIRST CHOICE SERVICES 819683 01-001791 COMMUNITY ACTIVITY EXPENSES 273.24 Total: 273.24
209345 12/5/2023 009082 FLOYD, LATASIA 009082-103023 08-005218 PROF & CONTRACTUAL 280.00
SERVICES
Total : 280.00
209346 12/5/2023 014050 GIRON DE VALLADARES, MARIA LUISA 002410-0001 C&D REFUNDABLE DEPOSIT 2,510.77 Total : 2,510.77
209347 12/5/2023 013637 GOMEZ , ROBERT RIGO 013637-111423 COMMISSIONER STIPEND 50.00 Total: 50.00
209348 12/5/2023 000993 GRM INFORMATION MANAGEMENT 0491933 OFFSITE TAPE STORAGE 161.25 Total: 161.25
209349 12/5/2023 009832 HARDING , ELIZABETH B. 009832-072523 PROF & CONTRACTUAL SVCS 170.00 009832-082923 PROF & CONTRACTUAL SVCS 170.00
009832-092623 PROF & CONTRACTUAL SVCS 170.00
009832-103123 PROF & CONTRACTUAL SVCS 170.00
009832-112823 PROF & CONTRACTUAL SVCS 170.00
Total: 850.00
209350 12/5/2023 012248 HD SUPPLY FACILITIES, MAINTENANCE LTD 9219408496 PRINTING SERVICES PERMI 1,366.44 TS
Total : 1,366.44
209351 12/5/2023 001681 HUMAN SERVICES ASSOCIATION 103120246 08-005195 SENIOR MEAL PROGRAM 2,858.75 Total: 2,858.75
209352 12/5/2023 005054 JJ KELLER & ASSOCIATES, INC. 9108500261 FMLA MGR ONLINE LICENSE 1,095.00 Total: 1,095.00
209353 12/5/2023 013304 JOE A GONSALVES & SON 161198 06-010074 PROF & CONTRACTUAL SVCS 4,000.00 Total: 4,000.00
209354 12/5/2023 001269 JOHN L. HUNTER&ASSOCIATES LYN1DGR12309 06-010086 PROF & CONTRACTUAL SVCS 3,187.50 --
Page: 12
50 vchlist Check List Page: 13
11/27/2023 3:56:44PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 209354 12/5/2023 001269 JOHN L. HUNTER & ASSOCIATES (Continued) LYN 1 MS422309 06-010044 PROF & CONTRACTUAL SERVICES 1,113.75 Total: 4,301.25
209355 12/5/2023 013945 LEE, JULIAN 013945-110923 REIMBURSE TRAVEL EXPENSES 145.14 Total: 145.14
209356 12/5/2023 013527 LINCOLN AQUATICS 29309594 OPERATIING SUPPLIES 329.03 29315617 OPERATING SUPPLIES 36.47
Total: 365.50
209357 12/5/2023 009041 LOYA, RUUD AND ROMO, ATKINSON, ANDELS 697147 05-001971 LEGAL SERVICES 8,288.00 Total: 8,288.00
209358 12/5/2023 013395 M&C CONSTRUCTION GROUP INC 2139 06-010073 PROF & CONTRACTUAL SERVICES 1,800.00 Total: 1,800.00
209359 12/5/2023 013460 MAGANA, JESSE S 1812 COMMUNITY ACTIVITY EXPENSES 350.00 1813 COMMUNITY ACTIVITY EXPENSES 800.00
Total: 1,150.00
209360 12/5/2023 004509 MARISOL MEDINA 013620-103023 08-005219 BALLET CLASSES 1,296.00 013620-112923 08-005219 BALLET CLASSES 1,232.00
Total: 2,528.00
209361 12/5/2023 002683 MAY TOOL INC. 201344 06-009979 OPERATING SUPPLIES 700.75 Total: 700.75
209362 12/5/2023 014059 MELLADO, STEPHANIE 73306900 REFUND-FACILITY RENTAL 50.00 Total: 50.00
209363 12/5/2023 013065 MKN & ASSOCIATES 1039552 06-009787 PROF & CONTRACTUAL SERVICES 8,548.64 Total: 8,548.64
209364 12/5/2023 009602 MOORE, LORRAINE 009602-111423 COMMISSIONER STIPEND 50.00 Total: 50.00
209365 12/5/2023 008782 MSJ ACCESS INC 91071473 06-009966 LOCKSMITH SERVICES 3,213.50 Page: 13
51 vchlist Check List Page: 14
11/27/2023 3:56:44PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 209365 12/5/2023 008782 008782 MSJ ACCESS INC (Continued) Total: 3,213.50 209366 12/5/2023 007207 MUNI TEMPS 130320 03-000452 PROF & CONTRACTUAL 6,320.00
SERVICES
Total: 6,320.00
209367 12/5/2023 012270 MUNIENVIRONMENTAL, LLC 23-042 06-010020 PROF & CONTRACTUAL 11,348.75 SERVICES Total: 11,348.75
209368 12/5/2023 013440 MUNISERVICES LLC INV06-017635 PROFESSIONAL SERVICES 3.87 Total: 3.87
209369 12/5/2023 013721 MUNOZ-GUEVARA, JUAN 013721-011024 PER DIEM 172.50 013721-123123 ELECTRONIC/MEDIA AND AUTO EXPENES 500.00
Total: 672.50
209370 12/5/2023 000475 NATIONWIDE ENVIRONMENTAL SVCS. 33592 06-010054 PROF & CONTRACTUAL SERVICES 3,089.32 33620 06-010048 PROF & CONTRACTUAL SERVICES 7,432.74
Total: 10,522.06
209371 12/5/2023 014063 NAVARRO, RUTH 22257349 EVENT REFUNDABLE DEPOSIT 100.00 Total: 100.00
209372 12/5/2023 013480 NIGHTFLARE 8 01-001806 FILMING SERVICES 1,500.00 9 01-001806 FILMING SERVICES 1,500.00
Total: 3,000.00
209373 12/5/2023 011922 NORTH STAR LAND CARE 1601-629 06-010046 TREE TRIMMING, MAINTENANCE AND 13,820.00 1601-647 06-010095 CORTLAND PROPERTY CLEAN UP 9,390.00
1601-649 06-010046 TREE TRIMMING, MAINTENANCE AND 49,518.00 Total: 72,728.00
209374 12/5/2023 000078 ODP BUSINESS SOLUTIONS,LLC 341064480001 08-005204 OFFICE SUPPLIES 366.86 341648927001 06-010003 OFFICE SUPPLIES 67.32
Total: 434.18
209375 12/5/2023 013552 ODP BUSINESS SOLUTIONS,LLC 327961096001 11-002272 OFFICE SUPPLIES 457.83 Total: 457.83
Page: 14
52 vchlist Check List Page: 15
11/27/2023 3:56:44PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 209376 12/5/2023 005562 ORKIN PEST CONTROL 249143178 PROF & CONTRACTUAL SERVICES 140.00 252072238 PROF & CONTRACTUAL SERVICES 140.00
255366463 PROF & CONTRACTUAL SERVICES 120.00
Total: 400.00
209377 12/5/2023 013999 PARKER, DAVID EUGENE 013999-102523 08-005220 PROF & CONTRACTUAL SERVICES 224.00 013999-112923 08-005220 PROF & CONTRACTUAL SERVICES 352.00 Total: 576.00
209378 12/5/2023 011752 PARTYTIME ICE INC. 790504 08-005221 COMMUNITY ACTIVE EXPENSES 13,500.00 Total: 13,500.00
209379 12/5/2023 010945 PETDATA, INC. 12392 11-002274 PET LICENSING SERVICES 500.00 Total: 500.00
209380 12/5/2023 007243 PUBLIC WORKS, LOS ANGELES COUNTY RE-PW-23110602641 LABOR & EQUIPMENT CHARGES 471.77 RE-PW-23110602895 LABOR & EQUIPMENT CHARGES 321.81
RE-PW-23110602896 LABOR & EQUIPMENT CHARGES 2,713.91
Total: 3,507.49
209381 12/5/2023 001313 QUINONEZ, MARIA 001313-123123 ELECTRONIC MEDIA & AUTO EXPENSE 500.00 Total: 500.00
209382 12/5/2023 013173 RAMIREZ, VERONICA 73700352 REFUND CANCEL ZUMBA CLASS 45.00 Total: 45.00
209383 12/5/2023 013209 RILEY, TAVONYA 71983701 REFUND STEPPERS CLASS 25.00 71983837 REFUND KARATE CLASS 40.00
911744478 REFUND SUMMER CAMP 20.00
Total: 85.00
209384 12/5/2023 005067 ROADLINE 19337 06-009983 OPERATING SUPPLIES 5,438.47 Total: 5,438.47
209385 12/5/2023 013724 ROBERT D NIEHAUS INC. 9341 06-010069 PROF & CONTRACTUAL SERVICES 1,030.00 Total: 1,030.00
209386 12/5/2023 008805 RPW SERVICES, INC. 37006 06-010060 PEST CONTROL 1,800.00 Page: 15
53 vchlist Check List Page: 16
11/27/2023 3:56:44PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 209386 12/5/2023 008805 008805 RPW SERVICES, INC. (Continued) Total: 1,800.00 209387 12/5/2023 000519 S&S WORLDWIDE IN101301822 08-005227 OPERATING SUPPLIES 319.31 IN101302957 08-005227 OPERATING SUPPLIES 139.01
Total : 458.32
209388 12/5/2023 008745 SAN FRANCISCO LAUNDRY 5773 LAUNDRY SERVICE 610.35 Total: 610.35
209389 12/5/2023 006772 SEA CLEAR POOL, INC. 23-3120 06-010049 PROF & CONTRACTUAL SERVICES 2,995.00 23-3121 06-010049 PROF & CONTRACTUAL SERVICES 2,995.00
23-3122 06-010049 PROF & CONTRACTUAL SERVICES 2,995.00
23-3123 06-010049 PROF & CONTRACTUAL SERVICES 2,995.00
Total: 11,980.00
209390 12/5/2023 008668 SOLACHE, JOSE LUIS 008668-123123 ELECTRONIC/MEDIA AND AUTO EXPENES 500.00 Total : 500.00
209391 12/5/2023 012692 SOTO, RITA 012692-011024 PER DIEM 241.50 012692-123123 ELECTRONIC/MEDIA AND AUTO EXPENES 500.00
Total: 741.50
209392 12/5/2023 008895 SWA GROUP 195413-A 06-009478 PROF & CONTRACTUAL SERVICES 2,542.16 195413-B 06-009110 PROF & CONTRACTUAL SERVICES 2,089.94 195413-C 06-009063 PROF & CONTRACTUAL SERVICES 0.03
Total: 4,632.13
209393 12/5/2023 002938 TAJ OFFICE SUPPLY 04116 05-001975 OFFICE SUPPLIES 223.63 04315 11-002277 OFFICE SUPPLIES 103.64
04318 11-002263 OFFICE SUPPLIES 374.48
04328 11-002277 OFFICE SUPPLIES 51.82
04342 08-005206 OFFICE SUPPLIES 859.95
04343 05-001975 OFFICE SUPPLIES 620.87
04351 11-002277 OFFICE SUPPLIES 551.25
Total: 2,785.64
209394 12/5/2023 008811 TAR GET SPECIAL TY PRODUCTS INVP501290621 06-010026 OPERATING SUPPLIES 5,928.56 Page: 16
54 vchlist Check List Page: 17
11/27/2023 3:56:44PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 209394 12/5/2023 008811 008811 TARGET SPECIAL TY PRODUCTS (Continued) Total: 5,928.56 209395 12/5/2023 013701 TAYLOR, LASHONDA 013701-102623 08-005222 PROF & CONTRACTUAL SCVS 180.00 013701-113023 08-005222 PROF & CONTRACTUAL SCVS 240.00
Total: 420.00
209396 12/5/2023 013215 THE HOME DEPOT PRO SUPPLY WORK 771683935 06-009967 MATERIALS & SUPPLIES 186.87 771684172 06-009967 MATERIALS & SUPPLIES 118.01
772798906 06-010082 PAINT & SUPPLIES 1,808.55
772808176 06-009967 MATERIALS & SUPPLIES 32.88
773226394 06-009967 MATERIALS & SUPPLIES 136.45
774001036 06-010082 PAINT & SUPPLIES 1,808.55
774196539 06-009967 MATERIALS & SUPPLIES 570.31
774233365 06-009967 MATERIALS & SUPPLIES 364.09
774969604 06-009967 MATERIALS & SUPPLIES 125.65
775374903 06-009967 MATERIALS & SUPPLIES 198.41
775645690 06-009967 MATERIALS & SUPPLIES 493.53
775645716 06-009967 MATERIALS & SUPPLIES 142.96
775645849 06-009967 MATERIALS & SUPPLIES 99.39
775663610 06-009967 MATERIALS & SUPPLIES 796.14
775863921 06-009967 MATERIALS & SUPPLIES 208.55
776116915 06-009967 MATERIALS & SUPPLIES 117.35
Total: 7,207.69
209397 12/5/2023 004179 TIERRA WEST ADVISORS, LLC LY-0923C 11-002287 PROF & CONTRACTUAL SERVICES 9,127.50 LY-1023C 11-002287 PROF & CONTRACTUAL SERVICES 9,323.75 Total: 18,451.25
209398 12/5/2023 007742 ULINE, INC. 170093980 08-005224 JANITORIAL SUPPLIES 2,253.43 170913880 08-005224 JANITORIAL SUPPLIES 703.70
170987310 06-009986 JANITORIAL SUPPLIES 197.15
171015768 06-009986 JANITORIAL SUPPLIES 112.72
Total: 3,267.00
209399 12/5/2023 009742 UNIFIRST CORPORATION 2190082938 06-010029 UNIFORM SERVICE AND SUPPLIES 90.74 2190082939 06-010029 UNIFORM SERVICE AND SUPPLIES 68.24 2190082940 06-010029 UNIFORM SERVICE AND SUPPLIES 127.53 Page: 17
55 vchlist Check List Page: 18
11/27/2023 3:56:44PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 209399 12/5/2023 009742 UNIFIRST CORPORATION (Continued) 2190082941 06-010029 UNIFORM SERVICE AND SUPPLIES 115.90 2190082942 06-010029 UNIFORM SERVICE AND SUPPLIES 111.03 2190085977 06-010029 UNIFORM SERVICE AND SUPPLIES 81.76 2190085978 06-010029 UNIFORM SERVICE AND SUPPLIES 68.24 2190085979 06-010029 UNIFORM SERVICE AND SUPPLIES 119.87 2190085980 06-010029 UNIFORM SERVICE AND SUPPLIES 117.39 2190085981 06-010029 UNIFORM SERVICE AND SUPPLIES 111.03 Total: 1,011.73
209400 12/5/2023 013992 VP IRON WORKS 1 06-010101 PROF & CONTRACTUAL SERVICES 17,780.00 Total: 17,780.00
209401 12/5/2023 004013 WALTERS WHOLESALE ELECTRIC CO S124395979.001 06-010030 ELECTRICAL SUPPLIES 511.99 Total: 511.99
209402 12/5/2023 002912 WATERLINE TECHNOLOGIES.INC 5661304 06-010016 OPERATING SUPPLIES 944.62 5661305 06-010016 OPERATING SUPPLIES 387.97
5661307 06-010016 OPERATING SUPPLIES 387.97
5662309 06-010016 OPERATING SUPPLIES 421.71
5662316 06-010016 OPERATING SUPPLIES 910.89
Total: 3,053.16
209403 12/5/2023 000802 WEST, KENNETH 000802-111423 COMMISSIONER STIPEND 50.00 Total: 50.00
209404 12/5/2023 014064 WHITE, LAVINTE 21918337 EVENT REFUNDABLE DEPOSIT 200.00 Total: 200.00
209405 12/5/2023 000181 WHITTIER FERTILIZER COMPANY 405443 06-010018 OPERATING SUPPLIES 617.40 Total: 617.40
209406 12/5/2023 007609 WILLDAN FINANCIAL SERVICES 010-56547 PROF & CONTRACTUAL SERVICES 7,600.00 Total: 7,600.00
209407 12/5/2023 009633 EVENT STEP AND REPEAT 18159 08-005209 BANNERS PURCHASE 45.99 Total: 45.99
Page: 18
56 vchlist
11/27/2023
Bank code:
3:56:44PM
apbank
Check List
City of Lynwood
Voucher Date Vendor Invoice PO# Descri ption/Account
98 Vouchers for bank code : apbank
98 Vouchers in this report
Bank total:
Total vouchers:
Page: 19
Amount
897,545.41
897,545.41
Page: 19
57 AGENDA STAFF REPORT
DATE:
December
5, 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:
PROJECT ACCEPTANCE OF THE CIP PRIORITY 2 STREET
IMPROVEMENT PROJECT (PHASE 2A), FY 2022-2023 (CIP
4011.68.104)
Agenda Item # 9.2.
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE CIP PRIORITY 2 STREET IMPROVEMENT PROJECT (PHASE 2A), FY 2022-2023 (CIP 4011.68.104) AS COMPLETE; AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE ACCEPTANCE.
Background:
As part of the 5-year CIP plan, the City of Lynwood selected streets based on the pavement condition index report in various locations throughout the City for Phase 2A for reconstruction, and grind and overlay improvements. On August 26, 2022, the Notice Inviting Bids (NIB) was advertised on the City’s web site (PlanetBids) for the CIP Priority 2 Street Improvement Project (Phase 2A) FY 2022-2023. The bid opening took place on the PlanetBids Platform on September 22, 2022, at 10:00 AM (PST).
Discussion and Analysis:
On October 18, 2022, the City awarded the contract to the lowest responsible bidder, Sequel Contractors, Inc. in the amount of $1,148,725.80. The Notice to Proceed was issued for construction to begin on January 18, 2023. Ten (10) change orders were issued throughout the project. The revised contract amount was $1,639,603.84. The date of completion was June 21, 2023.
City Council City Council Regular Meeting 58
Scope of Work:
Priority 2 Phase 2A Street Improvement Project consisted of the construction of new ADA compliant curb ramps, repairs on gutters, sidewalks, driveway approaches, and pavement of the streets as needed. Striping was also rehabilitated to enhance vehicular and pedestrian safety. New signage was installed, and utility covers adjusted. Outdated curbs at the intersections were updated to handicapped ramps.
On December 20, 2022, staff brought a change order approval request to City Council to add in eight (8) additional street segments due to design issues discovered in the Slurry Seal Phase 2 project. The street segments no longer qualified for slurry seal and needed to be added into the Priority 2 Phase 2A project as reconstruction, grind & overlay streets. Sequel Contractors, Inc. provided a cost estimate for the additional streets in the amount of $351,400.00. The City needed additional funding in the amount of $418,843.90 for the added street segments requiring grind and overlay.
Project Limits:
The Priority 2 Phase 2A segments including the eight (8) additional segments are:
Segment
Name
From
To
1 Alma Avenue
Ruth Street
Mallison Avenue
2 Alma Avenue
Mallison Avenue
Otis Street
3 Los Flores Boulevard
Santa Fe Avenue
Penn Street
4 Los Flores Boulevard
Penn Street
Franklin Street
5 Los Flores Boulevard
Franklin Street
Bellinger Street
6 Los Flores Boulevard
Long Beach Blvd
California Avenue
7 Los Flores Boulevard
California Avenue
Imperial Hwy
8 Los Flores Boulevard
Atlantic Avenue
Virginia Avenue
9 Los Flores Boulevard
Virginia Avenue
Pope Avenue
10 Los Flores Boulevard
Pope Avenue
Duncan Avenue
11 San Luis Avenue
Abbott Road
Alma Avenue
12 San Luis Avenue
Alma Avenue
Norton Avenue
13 San Miguel Avenue
Abbott Road
Norton Avenue
14 Bellinger Street
Lynwood Road
Butler Avenue
15 Carlin Avenue
Alpine Avenue
Oak Street
16 Carlin Avenue
Oak Street
Long Beach
Boulevard
City Council City Council Regular Meeting 59
17 Carlin Avenue
Castle Gate Avenue
Stoneacre Avenue
18 El Segundo Boulevard
Santa Fe Avenue
Peach Avenue
19 El Segundo Boulevard
Peach Avenue
Alpine Avenue
20 Magnolia Avenue
Alpine Avenue
Long Beach
Boulevard
21 Oak Street
Euclid Avenue
Orchard Avenue
Approved Budget
The original contract amount with Sequel Contractors, Inc. was $1,148,725.80. During the construction phase, staff made numerous adjustments in the field to accommodate the discrepancies in the working conditions of the project. There were ten (10) change orders issued and executed in the amount of $490,878.04. The new contract amount including change orders was $1,639,603.84.
In addition, $98,775.00 was used for the construction management/construction inspection services by Transtech Engineers, an amount of $6,500.00 for labor compliance task provided by Avant Garde Inc and an amount of $26,614.15 was used for Project Management. The total cost of this project was $1,771,492.99.
EXPENDITURES
AMOUNT
Original Construction Contract
$1,148,725.80
Ten (10) Change Orders
$490,878.04
Contract Management and Inspection
$98,775.00
Labor Compliance
$6,500.00
Project Management
$26,614.15
TOTAL COST OF PROJECT
$1,771,492.99
Construction was completed on June 21, 2023, and the Project is now ready for acceptance by the City Council. Once accepted, Staff can record the Notice of Completion at the County Recorder’s Office. Staff will then release retention 35 days after the project acceptance.
Fiscal Impact:
City Council City Council Regular Meeting 60
P2P2A Project Acceptance - Change Orders.pdf
12-05-2023 P2P2A Project Acceptance (Resolution) - PWD.docx This CIP project (4011.68.104) had an approved FY23 Budget of $1,543,000.00. An additional appropriation of $418,843.90 from 2019 Lease Revenue Bond was needed to complete the project. On December 20, 2022, City Council approved the additional appropriation.
FUNDING SOURCES
AMOUNT
SB1
$408,501.04
HIP Revenue
$327,645.36
STPL Balance
$806,853.60
2019 Lease Revenue Bond
$418,843.90
TOTAL FUNDING FOR PROJECT
$1,961,843.90
No further appropriation was needed to complete the project.
Coordinated With:
City Manager’s Office
Department of Finance and Administration Services
ATTACHMENTS:
Description
City Council City Council Regular Meeting 61
CONTRACT CHANGE ORDERS DESCRIPTION AMOUNT
CCO 01.1
Additional cost on Bid Item 1 (Mobilization/ Demobilization) to factor in the additional street segments added to the project. See attached RFCO 01 for the additional streets and scope added as part of this CCO.
$12,500.00
CCO 01.2
Additional cost on Bid Item 2 (Traffic Control) to factor in the additional street segments added to the project. See attached RFCO 01 for the additional streets and scope
added as part of this CCO.
$7,500.00
CCO 01.3
Adjust quantity of Bid Item 3 (Sawcut and Remove AC
Pavement, Base, Subbase and Native Soil to Provide Clear Depth) due to reduced scope. See attached RFCO 01 for
the additional streets and scope added as part of this CCO. -$3,120.00
CCO 01.4
Additional cost on Bid Item 4 (Cold Mill Existing Asphalt Concrete (AC) Pavement (2” deep)) to factor in the
additional street segments added to the project. See
attached RFCO 01 for the additional streets and scope
added as part of this CCO.
$71,960.24
CCO 01.5
Additional cost on Bid Item 24 (Construct 2" Thick ARHM Overlay) to factor in the additional street segments added to the project. See attached RFCO 01 for the additional streets and scope added as part of this CCO.
$242,801.14
CCO 02
Coldmill existing asphalt concrete (coldmill thickness is 2”), install crack seal, and construct 2” ARHM on Olanda Street between Stoneacre Avenue and Cookacre Avenue. Work
includes adjustment of MH frame and cover, water valve
cover and gas valve cover to grade. Restore existing
pavement markings and striping within work limits
identified. Approximate work area is 7,000 square feet.
CCO is based on agreed unit price of $4.95/SF.
$34,650.00
CCO 03.1 Remove existing speed bump and construct AC speed $10,000.00 CCO 03.2
Additional striping, pavement markings, speed hump post and signs on additional 4 speed bumps (2 ea in each
direction) on Stoneacre Ave. between Carlin Ave. and
$5,561.26
CCO 04
Subgrade preperation due to unforeseen conditions on
Stoneacre Avenue. The work includes fine grading and
digouts on soft areas. Work was tracked on T&M, see T&M tickets dated 1/18, 1/19, and 1/25/23.
$23,346.82
CCO 05
Layout and Install Striping; Thermoplastic striping and curb painting at various locations described on CCO 01 (Work and cost details for each location, type of repairs, quantities are included in the Change Order documents).
$10,412.44
CCO 06
Cold mill asphalt pavement and construct AC overlay
(variable thickness between 1"-2") at Harris and MLK Blvd.
This work excludes testing, striping and traffic signal loops $43,672.14
CCO 07 Weekend paving preparation work Los Flores. Work was tracked on T&M, see T&M tickets dated 4/22/23.
$3,539.18
CCO 08
Deduct Bid Item 23 - Construct AC Leveling Course (1"
Thick) to its entirety due to change in quantities and change in unit cost. See CCO 10.2 for the revised quantity and unit cost for this work.
-$15,840.00
CCO 09 Revised unit cost and quantity for Bid Item 23 - Construct AC Leveling Course (1" Thick)
$10,444.48
CCO 10.1 Construct 2" Thick AC Overlay on Los Flores Blvd. $105,351.51 CCO 10.2 Balancing change order on Base Bid Item 3, based on actual quantities. -$14,457.30
CCO 10.3 Balancing change order on Base Bid Item 4, based on actual quantities.
$2,079.60
CCO 10.4 Balancing change order on Base Bid Item 6, based on actual quantities.
-$1,458.00
ATTACHMENT A
CIP PRIORITY 2 STREET IMPROVEMENT PROJECT (PHASE 2A), FY 2022-2023 62 CCO 10.5 Balancing change order on Base Bid Item 9, based on actual quantities. $570.00
CCO 10.6 Balancing change order on Base Bid Item 13, based on actual quantities. $1,050.00
CCO 10.7 Balancing change order on Base Bid Item 14, based on actual quantities. $2,137.50
CCO 10.8 Balancing change order on Base Bid Item 15, based on actual quantities. $21,000.00
CCO 10.9 Balancing change order on Base Bid Item 16, based on actual quantities. $15,520.50
CCO 10.10 Balancing change order on Base Bid Item 17, based on actual quantities. $1,950.00
CCO 10.11 Balancing change order on Base Bid Item 22, based on actual quantities. -$2,683.10
CCO 10.12
Balancing change order on Base Bid Item 24, based on
actual quantities. This CCO excludes the quantities
completed for Los Flores Blvd. See CCO 09 for work
completed on Los Flores Blvd.
-$60,364.37
CCO 10.13 Balancing change order on Base Bid Item 25, based on actual quantities.
-$50,546.00
CCO 10.14 Balancing change order on Base Bid Item 26, based on actual quantities. -$1,300.00
CCO 10.15 Balancing change order on Base Bid Item 27, based on actual quantities. $7,800.00
CCO 10.16 Balancing change order on Base Bid Item 31, based on actual quantities.
$14,000.00
Balancing change order on Base Bid Item 33, based on
actual quantities.
-$7,200.00
ORIGINAL CONTRACT AMOUNT: $ 1,148,725.80
CHANGE ORDER TOTAL $ 490,878.04
TOTAL NEW CONTRACT AMOUNT: $ 1,639,603.84
63 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE CIP PRIORITY 2 STREET IMPROVEMENT PROJECT (PHASE 2A), FY 2022-2023 (CIP 4011.68.104) AS COMPLETE; AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE ACCEPTANCE.
WHEREAS, as part of the 5-year CIP plan, the City of Lynwood selected streets based on the pavement condition index report in various locations throughout the City for Phase 2A for reconstruction, and grind and overlay improvements; and WHEREAS, the Project consisted of the construction of new ADA compliant curb ramps, repairs on gutters, sidewalks, driveway approaches, and pavement of the streets as needed. Striping was also rehabilitated to enhance vehicular and pedestrian safety.
New signage was installed, and utility covers adjusted. Outdated curbs at the intersections were updated to handicapped ramps; and
WHEREAS, on October 18, 2022, the City awarded the contract to the lowest responsible bidder, Sequel Contractors, Inc. in the amount of $1,148,725.80; and WHEREAS, the project had an approved FY23 Budget of $1,543,000.00; and WHEREAS, on December 20, 2022, staff brought a change order approval request to City Council to add eight (8) additional street segments due to design issues discovered in the Slurry Seal Phase 2 project. The street segments no longer qualified for slurry seal and needed to be added into the Priority 2 Phase 2A project as reconstruction, grind & overlay streets; and
WHEREAS, the Priority 2 Phase 2A street segments are Alma Avenue from Ruth Street to Otis Street, Los Flores Boulevard from Santa Fe Avenue to Bellinger Street, Los Flores Boulevard from Long Beach Boulevard to Imperial Highway, Los Flores Boulevard from Atlantic Avenue to Duncan Avenue, San Luis Avenue from Abbott Road to Norton Avenue, San Miguel Avenue from Abbott Road to Norton Avenue, Bellinger Street from Lynwood Road to Butler Avenue, Carlin Avenue from Alpine Avenue to Long Beach Boulevard, Carlin Avenue from Castle Gate Avenue to Stoneacre Avenue, El Segundo Boulevard from Santa Fe Avenue to Alpine Avenue, Magnolia Avenue from Alpine Avenue to Long Beach Boulevard, Oak Street from Euclid Avenue to Orchard Avenue; and WHEREAS, the construction of the Project started on January 18, 2023 and WHEREAS, there were ten (10) contract change orders executed in the amount of $490,878.04.; and
WHEREAS, the final date of construction was on June 21, 2023 and all work was completed in accordance with the project plans and specifications; and WHEREAS, the total construction cost including construction management, inspection, and labor compliance is $1,771,492.99.; and 64 1
WHEREAS, an additional appropriation of $418,843.90 from 2019 Lease Revenue Bond was approved on December 20, 2022 and transferred to complete the project.; and WHEREAS, the total construction budget was $1,961,843.90.; and WHEREAS, no further appropriation was needed.
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 finds and declares that the forgoing recitals are true and correct and incorporates said recitals fully into this Resolution as substantive findings.
Section 2. That the City Council of the City of Lynwood accepts the CIP Priority 2 Street Improvement Project (Phase 2A), FY 2022-2023 (CIP 4011.68.104) (“Project”) as complete in accordance with contract documents.
Section 3. The City Council authorizes the Director of Public Works or his designee to process the recordation and filing of the Notice of Completion with the Los Angeles County Recorder’s Office.
Section 4. The City Council authorizes the release of the 5% retention 35 days after acceptance.
Section 5. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.
Section 6. This Resolution shall take effect immediately upon its adoption.
Section 7. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect.
(Signatures on Next Page)
65 3
PASSED, APPROVED and ADOPTED this 5th day of December 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
Julian Lee
Director of Public Works
66 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 5th day of December 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 5th day of December 2023.
Maria Quinonez, City Clerk
67 AGENDA STAFF REPORT
DATE:
December
5, 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:
APPROVAL OF THE FUNDING AGREEMENT WITH THE LOS ANGELES
COUNTY METROPOLITAN TRANSIT AUTHORITY FOR THE SAFE
STREETS AND ROADS FOR ALL PROGRAM FUNDS, FUNDING THE
DEVELOPMENT OF THE LYNWOOD VISION ZERO ACTION PLAN
Agenda Item # 9.3.
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE
FUNDING AGREEMENT WITH
THE LOS ANGELES COUNTY METROPOLITAN TRANSIT
AUTHORITY
FOR THE SAFE STREETS AND ROADS FOR ALL PROGRAM FUNDS TO FUND THE DEVELOPMENT OF THE LYNWOOD VISION ZERO ACTION PLAN.” Background:
On February 1, 2023, the United States Department of Transportation (“USDOT”) announced the grant award under the fiscal year (FY) 2022 “Safe Streets for All” (SS4A) program. The award includes $21,494,665 to support projects to be implemented by Los Angeles County Metropolitan Transportation Authority (“LACMTA”) or their subrecipients.
On August 22, 2023, a grant agreement between the USDOT, the Federal Highway Administration (“FHWA”), and the LACMTA was executed designating LACMTA as the recipient of FY 2022 SS4A funds to support the LACMTA Action Plan, which in part provides $203,868 in funding to the City of Lynwood for the development of the Lynwood Vision Zero Action Plan (the “Project”).
The Scope of Work includes the development of a Vision Zero Action Plan that will identify City Council City Council Regular Meeting 68
priorities and strategies to help the City of Lynwood reduce fatal vehicle collisions and injuries.
Discussion and Analysis:
The total cost of work is estimated to be $254,835. The City of Lynwood is receiving $203,868 from LACMTA and needs to provide a local match of $50,967 per the funding agreement.
Deliverables as described in the funding agreement consist of the following:
A
.
Implement the Project consistent with the Scope of Work and the Federal Grant (including any amendments approved by the LACMTA and the FHWA), and in compliance with all applicable federal regulations.
B
.
Submit all required reports and certifications as detailed in the Agreement and as requested by LACMTA and FHWA.
C
.
Proposed enhancements to existing subregional plans are to be completed, and/or the proposed Action Plan must be made publicly available and published on a publicly available website.
The Funding Agreement also describes the anticipated timeline for the project:
Milestone
Schedule Date
Planned Draft Action Plan Completion Date:
10/2/2024
Planned Action Plan Completion Date:
11/10/2024
Planned Action Plan Adoption Date:
11/23/2024
Planned SS4A Final Report Date:
7/31/2025
Fiscal Impact:
The City of Lynwood is required to provide a local match of $50,967 per the Funding Agreement with LACMTA. $203,868 federal funds from SS4A (2022 Award) will be granted through the Safe Streets and Road for All Program, totaling $254,835 in estimated project costs. The project was not included in the approved FY 23/24 budget. New appropriation in the amount of $50,967 is needed to complete this project.
City Council City Council Regular Meeting 69
Safe Streets for All - Agreement
12-05-2023 LACMTA SS4A Funding Agreement (Resolution) - PWD.doc
APPROPRIATION FROM
Fund
Dept
Div
Object
Description
Amount
Transfer Out
2101
Gas Tax Fund
($50,967)
Transfer In
4011
68 XXX
To Be
Determined
Lynwood Vision Zero
Action Plan
$50,967
Coordinated With:
City Manager’s Office
Department of Finance and Administration Services
ATTACHMENTS:
Description
City Council City Council Regular Meeting 70
AWARD NUMBER: 693JJ32340090 AGMT# 9200000000SS4A02
FIS NUMBER: 700512 SAM UEI: QKR1DK2Z7K81
CFDA: 20.939 SAM SEARCH: 10/12/2023
SAFE STREETS AND ROADS FOR ALL PROGRAM
FUNDING AGREEMENT
This Funding Agreement for Safe Streets and Roads for All Program Funds (the “Agreement”) is dated for reference purposes only October 12, 2023, and is by and between the City of Lynwood (the “Agency”) and the Los Angeles County Metropolitan Transportation Authority (“LACMTA”).
RECITALS
A. Section 24112 of the Infrastructure Investment and Jobs Act (Pub. L. 117-58, November 15, 2021; also referred to as the “Bipartisan Infrastructure Law”) established the new Safe Streets and Roads for All (“SS4A”) discretionary program that supports the development, completion, or supplementation of a comprehensive safety action plan (“Action Plan”) that identifies the most significant roadway sa fety concerns in a community and the implementation of projects and strategies to address roadway safety issues.
B. On June 23, 2022, th e LACMTA Board adopted the Metro Street Safety, Data Sharing and Collaboration Policy and Action Plan to establish partnerships with Agencies as they design and implement safer and complete streets, and authorized staff to seek external funding to elaborate on and implement the policy and Acti on Plan and assist local jurisdictions in developing and funding vital street and road safety proj ects throughout Los Angeles County.
C. On February 1, 2023, the United Stat e s D e p a r t m e n t o f T r a n s portation (the “USDOT”) announced the grant awards under the fiscal year (FY) 2022 SS4A program. The awards include $21,494,665 to support projects to be implemented by LACMTA or their subrecipients.
D. On August 22, 2023, a grant agreement by and between the USDOT, the Federal Highway Administration (the “FHWA”), and the LACMTA was executed designating LACMTA as the recipient of FY 2022 SS4A funds to support the LACMTA Action Plan, which in part provides $203,868 in funding to the Agency for the Lynwood Vision Zero Action Plan (the “Project”).
E. As the recipient of SS4A funds, the LACMTA as a pass-through entity shall negotiate and execute Agreements with agencies as subrecipients and shall monitor the activities with respect to performance of work and compliance, by providing technical assistance, financial management, internal controls, and oversight.
F. The total cost for the Project described in the Scop e of Work (the “SOW”), attached as Exhibit “A”, hereto is estimated to be $254,835 (“Estimated Cost”).
G. The Agency has agreed to provide the required local match of $50,967 (the “Local Match”), 71
AGMT# 9200000000SS4A02
as described in the Financial Plan that is attached as Exhibit “B”, and any additional funding required to complete the Project.
H. LACMTA assumes no responsibility for the funding of any portion of the Project.
LACMTA is only acting as a pa ss-through conduit for the Agency.
I. The Agency understands that the Federal Funds provided herein must be expended within the Term of this Agreement as specified in Section 13.1 and that it must have obtained any environmental clearance required by federal regulations to use the Federal Funds.
J. The parties desire to execut e this Agreement so LACMTA may pass through the Federal Funds received from the Federal Grant to the Agency to satisfy the requirements under 2 CFR 200.332 and are subject to the terms and con ditions specified in Part I of this Agreement and applicable Federa l laws and regulations refere n c e d i n P a r t I I o f t h i s Agreement.
NOW, THEREFORE, the parties hereby agree as follows:
The terms and conditions and applicable Federal laws and regulations of this Agreement consist of the following and each is incorporated by reference herein as if fully set forth herein:
1. Part I – Terms and Conditions
2. Part II – Applicable Federal Laws and Regulations
3. Exhibit A – Scope of Work
4. Exhibit B – Financial Plan
5. Exhibit C – Subrecipient Procurement Certification
72
AGMT# 9200000000SS4A02
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the dates indicated below:
LACMTA:
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
By:
Stephanie N. Wiggins Date
Chief Executive Officer
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By:
D e p u t y D a t e
GRANTEE:
CITY OF LYNWOOD
By:
Ernie Hernandez Date
City Manager
APPROVED AS TO FORM (OPTIONAL):
By:
D a t e
General Counsel
73
AGMT# 9200000000SS4A02
PART I
TERMS AND CONDITIONS
1. Title of the Project (the "Project"): Lynwood Vision Zero Action Plan
2. The Agency shall complete the Project as describe d in the Scope of Work, and in accordance with the Federal Grant requirements of the FHWA and this Agreement. The Scope of Work for the Project is included with this Agreement as Exhibit A. The Scope of Work includes a description of the Project and a detailed description of the work to be completed by the Agency including, without limitation, Project milestones consistent with the set schedule. Work shall be delivered in accordance with that schedule unless otherwise agreed to by the parties in writin g . I f t h e A g e n c y i s consistently behind schedule in meeting milestones or in delivering the Project, then LACMTA will have the option to terminate this Agreement for default as described in Section 17.
3. The Agency has four (4) years after the Agreement is executed to expend the funds unless otherwise authorized by LACMTA.
4. The Agency acknowledges that the Action Plan will be made publicly available, and the Agency agrees that it will publish the final Action Plan on a publicly available website.
5. The Agency is required to co mply with all applicable Fede ral laws and regulations as referenced in Part II.
6. Non-compliance with the terms and conditions or applicable Federal laws and regulations referenced in Part II of this Agreement may result in remedial action, termination of the SS4A grant, disallowing costs incurred for the Project, requiring the Agency to refund to the FHWA the SS4A grant funds, and reporting th e non-compliance in the Federal- government-wide integrity and performance system.
7. QUARTERLY PROGRESS REPORTING REQUIREMENTS
7.1 The Agency must complete and subm it well documented quarterly progress reports. Progress report data must be submitte d to LACMTA within 15 days after the end of each quarter for the calendar year. Agencies are required to use the SS4A Quarterly Progress Report template for submissions to LACMTA. The due dates are as follow:
(i) Quarter 1: January 1 – March 31- Due April 15.
(ii) Quarter 2: April 1 – June 30- Due July 15.
(iii) Quarter 3: July 1 – September 30- Due October 15. (iv) Quarter 4: October 1 – December 31- Due January 15.
7.2 LACMTA will measure grant performanc e against the stated Project scope, schedule, budget, and deliverables in the Scope of Work included in the Agreement. Poor performance may be grounds for termination of the Agreement and revocation of the grant funds. The first reports shall be due to LACMTA within 15 days following the first full quarter after the date of execution of this Agreement.
74
AGMT# 9200000000SS4A02
8. REQUEST FOR REIMBURSEMENT
8.1 The Agency shall contribute at least the statutorily or other required local contribution of matching funds (other than Federal Funds and any other USDOT funds), if any is specified within this Agreement or any attachments hereto, toward the actual costs of the Project.
8.2 Not more frequently than quarterly, th e Agency will prepare and submit to the LACMTA a certified request for reimbursem ent on the approved SS4A Reimbursement Request Form accompanied by the SS4A Quarter ly Progress Report, for allowable Project costs incurred and paid for by the Agency co nsistent with the Project’s SOW. Advance payments by LACMTA are not allowed.
8.3 Each Request for Reimbursement shall report the total of eligible Project expenditures, include a supporting summary of expenses that includes a detailed breakout of all costs incurred (i.e. direct labor, fringe benef its, contract costs, indirect costs, other direct costs), specify the percentage and amount of the Federal share and the Agency share of costs, and include any invoices paid along with proof of payment (i.e. check stubs, receipts).
8.4 If applicable, the first Request for Reimbursement shall also be accompanied by a report describing any tasks specified in the SOW document which were accomplished prior to the Effective Date of this Agreemen t, which costs could be credited toward the required Local Match provided that LACMTA ha s provided prior written approval for such expenditures to the Agency.
8.5 LACMTA will retain ten percent (10%) of each invoice amount until LACMTA has evaluated the Agency’s performance according to the criteria spec ified by LACMTA and the data provided by the Agency and has determined that all contract requirements under this Agreement have been satisfactorily fulfilled. This includes confirmation that all proposed enhancements to existing subregional plans are completed, and/or the proposed Action Plan is made publicly available and is published on a publicly available website. The Agency shall invoice LACMTA for reimbursement of the 10% retention separately.
8.6 The Agency will request reimbursement for costs that are allowable under the applicable cost provisions of Title 2 of the Code of Federa l Regulations(2 C.F.R.) Part 200, Subpart E., and should consult with LACM TA’s SS4A Program Manager for questions regarding non-reimbursable expenses.
8.7 Total payments shall not exceed th e Funding Amount specified in this Agreement. No Request for Reimbursement will be processed by LACMTA for expenses incurred after the Termination Date of this Agreement.
8.8 If any amounts paid to the Agency are disallowed or not reimbursed by the FHWA for any reason, the Agency shall remit to LACMTA the disallo wed or reimbursed amount(s) within 30 days from receipt of LACMTA’s notice. All payments made by LACMTA hereunder are subject to the audit provisions contained herein and within the Federal Grant.
8.9 The Agency shall comply with and en sure that work performed under this 75
AGMT# 9200000000SS4A02
Agreement is done in compliance with all applic able provisions of federal, state, and local laws, statutes, ordinances, rules, regulations and procedural requirements, including without limitation, Federal Acquisition Regulations (FAR) and the applicable requirements and regulations of LACMTA. The Agency 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.
8.10 All requests for reimbursement must first be approved by the SS4A Program Manager prior to submission for payment. Once approved, requests for reimbursement shall be transmitted to LACMTA’s Accounts Payable Department using one of the following two options:
Option 1) E-mail:
[email protected]
AGMT# 9200000000SS4A02
Option 2) Standard Mail:
Los Angeles County Metropolitan Transportation Authority P.O. Box 512296
Los Angeles, CA 90051-0296
Attention: Accounts Paya ble, AGMT# 9200000000SS4A02
9. START AND END DATE OF REIMBURSABLE ACTIVITIES
Unless written notification is otherwise pr ovided by the LACMTA, the start date of reimbursable activiti es is August 22, 2023, the date the USDOT, FHWA, and LACMTA executed an agreement design ating LACMTA as the recipi ent of FY 2022 SS4A funds to support the Project. Actual reimbursement of eligible work cannot occur until LACMTA and the Agency execute this Agreement. The en d date of reimbursable activities is the Termination Date of this Agreement.
10. DISBURSEMENT OF FUNDS
10.1 To the extent LACMTA receives Federal Funds pursuant to the Federal Grant, LACMTA shall forward Federal Funds in an amount not to exceed $203,868 (the “Funding Amount”) to the Agency subject to the terms and conditions of the Federal Grant and this Agreement.
10.2 Payments to the Agency will be processed by LACMTA within a reasonable time period, but in no event more than sixty (60) calendar days after receipt of a Request for Reimbursement meeting the requirements of Section 8 above.
10.3 The Agency shall be subject to, and shal l comply with, all requirements of the Federal Grant and other applicable requirements of the United States Department of Labor (USDOL), USDOT, FHWA, and LACMTA as required by LACMTA to fulfill its responsibilities as the grantee under the Federal Grant and as the pass-through agency.
10.4 Disbursements shall be made on a reim bursement basis in accordance with the provisions of this Agreement.
76
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10.5 LACMTA will make all disbursements electronically unl ess an exception is requested in writing. Disbursements via Automated Clearing House (ACH) will be made at no cost to the Agency. The Agency must confirm they are registered in the LACMTA payment system to receive ACH payments or must complete the ACH fo rm and submit such form to LACMTA before reimbursement payments can be made.
10.6 Expenses that are not invoiced by the termination date specified in Section 13.1 below are not eligible for reimbursement.
11. ALLOWABLE COSTS
11.1 Allowable Project costs will be accepted on ly if they meet the requirements of 2 C.F.R. Part 200, Subpart E.
11.2 Allowable Project costs will be accepted only for planning and demonstration of an Action Plan, including costs to develop, complete, or supplement an Action Plan, and supplemental planning and/or demonstration activities that inform the development of a new or existing Action Plan.
11.3 Implementation costs shall not be cons idered eligible costs for reimbursement, which include infrastructure, behavioral, design , development, and/or operational activities identified in an Action Plan.
11.4 Indirect costs shall not be considered eligible costs for reimbursement unless all the following requirements are met by th e Agency: i) provide evidence of a federally approved Cost Allocation Plan and indirect rate, consistent with the requirements of 2 C.F.R 200.414; ii) submit a written request to LACMTA; and iii) receive a wr itten approval from LACMTA prior to incurring the expenditure.
12. LACMTA COSTS
12.1 LACMTA will not charge the Agency for administrating these Federal Funds.
13. TERM
13.1 The term of this Agreement shall comme nce on the date of the LACMTA’s CEO or their designee’s signature (“Effe ctive Date”) and shall terminate four (4) years after the Effective Date of this Agreement (the “Termi nation Date”), unless extended by a written approval from the LACMTA, or terminated earl ier as provided herein, (i) the agreed upon Scope of Work has been completed; (ii) all deliverables have been published and made publicly available; (iii) all LACMTA audit and reporting requirements have been satisfied; and (iv) the final disbursement of the Funds has been made to the Agency.
13.2 Should LACMTA determine there are insufficient Funds available for the Project; LACMTA may terminate this Agreement by giving written notice to the Agency at least thirty (30) days in advance of the effective date of such termination. If this Agreement is terminated pursuant to this section, LA CMTA will not reimburse the Agency any costs incurred after the effective date of such termination.
77
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13.3 Amendments to this Agreem ent shall be in writing executed by the parties. No changes to the (i) award amount, (ii) Project Fun ding, (iii) the SOW, or (iv) termination date of shall be allowed without a written amendment to this Agreement, approved and signed by the LACMTA Chief Executive Officer or their designee and the Agency.
14. FINANCIAL RECORDS AND AUDIT REQUIREMENTS
14.1 The Agency shall be subject to and shall comply with all applicable requirements of LACMTA, the FHWA, the USDOT, and the USDOL regarding Project reporting, audit requirements and site visits.
14.2 LACMTA, and/or its designee, shall ha ve the right to conduct audits of the Project, as deemed appropriate, such as financial and compliance audits; interim audits; pre- award audits, performance audit s and final audits. LACMTA may commence a final audit within twelve months of receipt of an acceptable final invoice. The Agency agrees to establish and maintain proper accounting procedures and cash management records and documents in accordance with Generally Accepted Acco unting Principles (GAAP). The Agency shall reimburse LACMTA for any expenditure not in compliance with the terms and conditions of this Agreement. Any use of the Funds which is expressly prohibited under this Agreement shall be an ineligible use of the Funds and may be disallowed by LACMTA audit. Findings of the LACMTA audit are final. When LACMTA au dit findings require the Agency to return monies to LACMTA, the Agency shall return such monies within thirty (30) days after the final audit is sent to the Ag ency. LACMTA shall make all reasonable efforts, including initiating litigation, if necessary, to recover Federal funds if determined that those funds have been spent fraudulently, wastefully, or in violation of Federal laws, or misused in any manner under this Agreement.
14.3 The Agency shall keep records, incl uding, without limitation, accounting records, written policies and procedures, cont ract files, original estimates, correspondence, change order files (including documentation cove ring negotiated settlements), invoices, and any other supporting evidence deemed necessary by LACMTA to substantiate charges related to the Project and confirm compliance with applicable Federal laws and regulations referenced in Part II of this Agreement. The 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 ev aluation of expended costs. Such records subject to audit shall also include, without limitation, those record s deemed necessary by LACMTA to evaluate and verify direct and indire ct costs (including over head allocations) as they may apply to costs associated with the Project, and those deemed necessary by LACMTA to evaluate and verify compliance with Fede ral laws (including Title VI, ADA, and DBE).
These records must be retained by the Agency for three years following final payment under this Agreement.
14.4 The Agency shall comply with all appl icable provisions governing the FHWA’s access to records, accounts, documents, information, facilities, and staff, including complying with any program or compliance reviews, and/ or complaint investigations conducted by the FHWA. The Agency shall submit the material for review upon request to FHWA, or its designee in a timely, complete, and accurate way.
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14.5 The Agency shall cause all contractors and subcontractors to comply with the requirements of Sections 14.3 and 14.4 above. The Agency shall cause all contractors and subcontractors to cooperate fully in furnishing or in making available to LACMTA and FHWA all records deemed necessary by auditors or authorized representatives related to the Project.
14.6 LACMTA or any of its duly authorized representatives, upon reasonable written notice shall be afforded access to all the re cords of the Agency and its contractors and subcontractors related to the Project and sha ll be allowed to intervie w any employee of the Agency and its contractors and subcontractors through final payment to the extent reasonably practicable.
14.7 LACMTA or any of its duly authorized representatives, upon reasonable written notice, shall have access to the offices of th e Agency and its contractors and subcontractors, shall have access to all necessa ry records, including reproduction at no charge to LACMTA, and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the terms and conditions of this Agreement.
14.8 In addition to LACMTA’s other remedi es as provided in this Agreement, LACMTA shall withhold the Funds and/or recommend not to award future grants to the Agency if the LACMTA audit has determined that the Agency failed to comply with the Scope of Work (such as misusing Funds or failure to return Funds owed to LACMTA and FHWA in accordance with audit findings) and/or is seve rely out of compliance with other terms and conditions as defined by this Agreement, including the access to records provisions of section
14.3 and 14.4.
14.9 The Agency shall certify monthly invo ices by reviewing all contractor and subcontractor costs and maintaining internal co ntrol to ensure that all expenditures are reasonable, allocable, and allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E.
14.10 Whenever possible, in exercising it s audit rights under this Agreement, LACMTA shall rely on the Agency’s own records and audit work to minimize direct audit of contractors, subcontractors, consultants, and suppliers.
14.11 The Agency shall obtain the services of an independent auditor to conduct a single audit of the Project each year in conformance with the provisions of 2 C.F.R. Part 200, Subpart F. The Agency shall su bmit a copy of each single audit to the LACMTA within 30 days of its completion.
15. EXPENDITURE AND DISPOSITION OF FUNDS
15.1 The expenditure and disposition of th e Funding Amount by the Agency shall be subject to and in accordance with the terms and conditions of this Agreement, the Federal Grant and the applicable requirements of LA CMTA and the FHWA. The Agency shall not utilize the Funding Amount in any way or on an y project other than that specified in this Agreement and in the Federal Grant.
15.2 The Agency shall be responsible for any and all cost overruns and/or operating 79
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deficits for the Project.
15.3 Upon completion of the Project descri bed in the SOW and disposition of the 10 percent retention, any unused Funding Amount shall revert back to the FHWA.
15.4 The Agency shall address all corresp ondence to the FHWA regarding this Project through LACMTA’s SS4A Program Manager.
15.5 The programmed budget (the "Financial Plan") specifying the sources and amounts of funds to be used to pay for the Proj ect is attached to this Agreement as Exhibit “B”.
15.6 No material changes, as determined by LACMTA in its reasonable discretion and subject to the final discret ion of the FHWA, to the Financ ial Plan or the SOW shall be funded or allowed without an amendment to this Agreement approved and signed by LACMTA’s CEO or their designee and an amen dment to the Federal Grant evidencing the FHWA’s acceptance of such material change. The Agency shall give advance written notice to LACMTA of all proposed changes to the Financial Plan or SOW that it originally submitted to LACMTA.
16. TIMELY USE OF FUNDS
16.1 The Agency must demonstrate timely use of the Funds by:
(v) Executing this Agreement within nine ty (90) days of receiving formal transmittal of the Agreement from LACMTA.
(vi) Meeting the Project milestones due dates as agreed upon by the LACMTA and Agency in the Agreement (see Exhibit A, SOW). (vii) Expending the Funds granted under this Agreement for allowable costs within the term of this Agreement.
17. DEFAULT
17.1 Default under this Agreement is defined as one or more of the following: (i) the Agency fails to comply with th e terms and conditions specified in Part I of this Agreement, the applicable Federal laws and regulations referenced in Part II of this Agreement, or the SOW contained herein; (ii) the Agency is consistently behind schedule in meeting milestones or in delivering the Project; (iii) the Agency fails to perform satisfactorily or makes a material change, as determined by LACMTA at its sole discretion, to th e Financial Plan, the Scope of Work, or the Project Fundin g without LACMTA’s and FHWA’ s prior written consent or approval as provided herein; or, (iv) the Agency is in default of any other applicable requirements of LACMTA or the FHWA.
18. REMEDIES
18.1 In the event of a Default by the Agen cy, LACMTA shall provide written notice of such Default to the Agency with a 30-day period to cure the Default. In the event the Agency 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:
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(i) LACMTA may terminate this agreement;
(ii) LACMTA may make no further disbursements of Funds to the Agency; (iii) LACMTA may recover from the Agen cy any Funds disbursed to the Agency as allowed by law or in equity; and/or
(iv) Any remedies the FHWA may have under the Federal Grant.
18.2 Effective upon receipt of written notice of termination from LACMTA pursuant to Section 18.1, the Agency shall not undertake any new work or obligation with respect to this Agreement unless so directed by LACMTA in writing. Any Funds expended after termination shall be the sole responsibility of the Agency.
18.3 The remedies described here in 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.
19. SECTION 5333(b) REQUIREMENTS
19.1 For purposes of satisfying the requirem ents of Section 5333(b) of the Federal Transit Act, by signing this Agreement the Agen cy certifies its acceptance of the terms and conditions of all protective arrangements appl icable to all capital an d operating assistance projects and of any other Section 5333(b) protections certified by the USDOL as applicable to any federal funding received, including any sp ecific terms and con ditions included in USDOL’s certification letter for the FHWA grant.
19.2 The Agency shall indemnify, defend, and hold harmless th e LACMTA and its employees, officers and agents for any claims properly brought by public transportation employees in the Agency’s service area or by its subcontractors pursuant to the Special Warranty, or any other Section 5333(b) arrangements, that may be filed against LACMTA and that may arise from any or all of the Federal Grant awarded to LACMTA on behalf of the Agency for the Project.
20. ADDITIONAL TERMS AND CONDITIONS
20.1 This Agreement, along with its A ttachments, constitutes the entire understanding between the parties, with respect to the subject matter herein. The Agreement shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original Agreement or the same level of authority.
20.2 In the event that there is any court pr oceeding between the parties to enforce or interpret this Agreement, 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.
20.3 Neither LACMTA nor any subsidiary or their respective directors, officers, agents, or employee thereof shall be responsibl e for any damage or liability occurring by reason of anything done or committed to be done by the Agency under or in connection with any work performed by or servi ce provided by the Agency, it s officers, agents, employees, contractors and subcontractors under this Agr eement. The Agency shall fully indemnify, defend (with counsel approved by LACMTA) and hold LACMTA, and its subsidiaries and their 81
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respective directors, officers, agents and employees harmless from and against any suits and causes of actions, claims, losses, liability, damages, costs an d expenses, including without limitation, any costs or liabilit y on account of bodily injury, de ath or personal injury of any person or for damage to or loss of property, any environmental obligation, and any legal fees in any way arising out of acts or omissions to act related to the Project or this Agreement, without requirement that LACMTA first pay such claim. The obligations set forth in this section shall survive termination of this Agreement.
20.4 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 exte nt of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this Agreement.
20.5 The Agency shall comply with and en sure that work performed under this Agreement is done in compliance with Generally Accepted Accounting Principles (GAAP), all applicable provisions of federal, state, and loca l laws, statutes, ordinances, rules, regulations, and the applicable requirements and regulations of LACMTA. The Agency acknowledges responsibility for obtaining copies of and complying with the terms of the most recent federal, state, or local laws and regulations, and LA CMTA requirements including any amendments thereto.
20.6 The Agency shall not assign this Agreem ent, or any part thereof, without prior approval of the LACMTA Chie f Executive Officer or their de signee, and any assignment without said consent shall be void and unenforceable at the option of LACMTA.
20.7 Subject to all requirements of this Ag reement, the Federal Grant, and all other applicable requirements of LACMTA and FHWA, including without limitation the requirement of competitive procurement of services and assets, the Agency may contract with other entities, including its affiliates in a project management role, to implement this Agreement.
20.8 This Agreement shall be gove rned by California law. If any provision of this Agreement is held by a court of competent jurisdiction to be in valid, void, or unenforceable, the remaining provisions shall nevertheless cont inue in full force without being impaired or invalidated in any way.
20.9 The covenants and agreemen ts of this Agreement shall inure to the benefit of, and shall be binding upon, each of the parties and their respective successors and assigns.
20.10 The Agency will advise LACMTA prior to any key Project staffing changes.
20.11 The Agency in the performance of the wo rk described in this agreement is not a contractor nor an agent or employee of LACMTA . The Agency attests to no organizational or personal conflicts of interest and agrees to notify LACMTA immediately if a conflict, or the appearance thereof, arises. The Agency shall not represent itself as an agent or employee of LACMTA and shall have no powers to bind LACMTA in contract or otherwise.
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20.12 The Agency agrees to comply with all applicable Federal laws and regulations referenced in Part II of this Agreement including, but not limited to, the Uniform Administrative Requirements (49 C.F.R. Part 18), Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. Part 200); National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.); and Build America, Buy America Act (BIL, div. G 70901-27).
20.13 The Agency agrees that fe deral laws and regulations control Project award and implementation. The Agency also agrees that federal directives as defined in (Part II, Applicable Federal Laws and Regulations) this Agreement, set forth federal terms applicable to the Project, except to the extent that FHWA determines otherwise in writing. The Agency understands and agrees that unless FHWA has offered express written approval of alternative procedure or course of action di ffering from a procedure or cour se of action set forth in the applicable federal directive, the Agency may incur a violation of the terms of its Agreement if it implements an alternative procedure or course of action not approved.
20.14 The Agency understands and agrees that federal laws, regulations, and directives applicable to the Project and to itself as the applicant for federal funds on the date on which the FHWA authorized official awards of federal assistance for the Project may be modified from time to time. New federal laws, regulations and directives may become effective after the date on which the Agency executes the Agreement for the Project and might apply to that Agreement. The Agency agrees that the most recent of such federal laws, regulations and directives will govern the admini stration of the Project at any time, except to the extent FHWA determines otherwise in writing.
20.15 The Agency understands that it will ma ke reference to the Catalog of Federal Domestic Assistance (CFDA) number for the Safe Streets and Roads for All Program (20.939) in all its correspondence, incl uding quarterly progress reports, invoices, and single audit reports.
20.16 Notices will be given to the parties at the address spec ified below unless otherwise notified in writing of change of a ddress. Any notice required or permitted to be delivered hereunder shall be deemed to be deli vered upon receipt by the correct address by United States mail, postage prepaid, certified, or registered mail, return receipt requested, or by Federal Express or other reputable overnight delivery service addressed to the parties hereto as follows:
LACMTA's Address: Agency Address:
L A C M T A C i t y o f L y n w o o d
One Gateway Plaza 11330 Bullis Road
Mail Stop 99-23-3 Lynwood, CA 90262
Los Angeles, CA 90012 Attention: Mir T. Fattahi
Attention: Ruben Cervantes Email: [email protected] Email: [email protected] Phone: 310-603-0220 x835
Phone: 213-547-4323
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PART II
APPLICABLE FEDERAL LAWS AND REGULATIONS
By entering into this Agreement, the Agency assures and certifies, with respect to these SS4A funds, that it will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Project. Performance un der this agreement shall be governed by and in compliance with the following requirements, as applicable, to the Agency. The applicable provisions to this agreement include, but are not limited to, the following:
General Federal Legislation
a) Federal Fair Labor Standards Act – 29 U.S.C. 201, et seq. b) Hatch Act – 5 U.S.C. 1501, et seq.
c) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 – 42 U.S.C. 4601, et seq.
d) National Historic Preservation Act of 1966 - Section 106 – 54 U.S.C. 306108 e) Archeological and Historic Preservation Act of 1974 – 54 U.S.C. 312501, et seq. f) Native American Graves Protection and Repatriation Act – 25 U.S.C. 3001, et seq. g) Clean Air Act, P.L. 90-148, as amended – 42 U.S.C. 7401, et seq. h) Section 404 of the Clean Water Act, as amended – 33 U.S.C. 1344 i) Section 7 of the Endangered Species Act, P.L. 93-205, as amended – 16 U.S.C. 1536 j) Coastal Zone Management Act, P.L. 92-583, as amended – 16 U.S.C. 1451, et seq. k) Flood Disaster Protection Act of 1973 - Section 102(a) – 42 U.S.C. 4012a l) Age Discrimination Act of 1975 – 42 U.S.C. 6101, et seq. m) American Indian Religious Freedom Act, P.L. 95-341, as amended n) Drug Abuse Office and Treatment Act of 1972, as amended – 21 U.S.C. 1101, et seq. o) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91-616, as amended – 42 U.S.C. 4541, et seq. p) Sections 523 and 527 of the Public Health Service Act of 1912, as amended – 42 U.S.C. 290dd through 290dd-2
q) Architectural Barriers Act of 1968 – 42 U.S.C. 4151, et seq. r) Power Plant and Industrial Fuel Use Act of 1978, P.L. 100-42 - Section 403 – 42 U.S.C. 8373
s) Contract Work Hours and Safety Standards Act – 40 U.S.C. 3701, et seq. t) Copeland Anti-kickback Act, as amended – 18 U.S.C. 874 and 40 U.S.C. 3145 u) National Environmental Policy Act of 1969 – 42 U.S.C. 4321, et seq. v)
Wild and Scenic Rivers Act, P.L. 90-542, as amended – 16 U.S.C. 1271, et seq. w) Federal Water Pollution Control Act, as amended – 33 U.S.C. 1251-1376 x) Single Audit Act of 1984 – 31 U.S.C. 7501, et seq.
y) Americans with Disabilities Act of 1990 – 42 U.S.C. 12101, et seq. z) Title IX of the Education Amendments of 1972, as amended – 20 U.S.C. 1681 through 1683 and 1685 through 1687
aa) Section 504 of the Rehabilitation Act of 1973, as amended – 29 U.S.C. 794 bb) Title VI of the Civil Rights Act of 1964 – 42 U.S.C. 2000d, et seq. 84
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cc) Title IX of the Federal Property and Administrative Services Act of 1949 – 40 U.S.C. 1101 -1104, 541, et seq.
dd) Limitation on Use of Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions – 31 U.S.C. 1352
ee) Freedom of Information Act – 5 U.S.C. 552, as amended ff) Magnuson-Stevens Fishery Conservation and Management Act – 16 U.S.C. 1855 gg) Farmland Protection Policy Act of 1981 – 7 U.S.C. 4201, et seq. hh) Noise Control Act of 1972 – 42 U.S.C. 4901, et seq. ii) Fish and Wildlife Coordination Act of 1956 – 16 U.S.C. 661, et seq. jj) Section 9 of the Rivers and Harbors Act and the General Bridge Act of 1946 – 33 U.S.C. 401 and 525
kk) Section 4(f) of the Department of Transportation Act of 1966 – 49 U.S.C. 303 ll) Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended – 42 U.S.C. 9601, et seq.
mm) Safe Drinking Water Act – 42 U.S.C. 300f to 300j-26 nn) Wilderness Act – 16 U.S.C. 1131-1136
oo) Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 – 42 U.S.C. 6901, et seq.
pp) Migratory Bird Treaty Act – 16 U.S.C. 703, et seq.
qq) The Federal Funding Transparency and Accountability Act of 2006, as amended (Pub.
L. 109–282, as amended by section 6202 of Public Law 110–252) rr) Cargo Preference Act of 1954 – 46 U.S.C. 55305
ss) Section 889 of the John D. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232
Executive Orders
a) Executive Order 11246 – Equal Employment Opportunity b) Executive Order 11990 – Protection of Wetlands
c) Executive Order 11988 – Floodplain Management
d) Executive Order 12372 – Intergovernmental Review of Federal Programs e) Executive Order 12549 – Debarment and Suspension
f) Executive Order 12898 – Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations
g) Executive Order 13166 – Improving Access to Services for Persons with Limited English Proficiency
h) Executive Order 13985 – Advancing Racial Equity and Support for Underserved i) Communities Through the Federal Government
j) Executive Order 14005 – Ensuring the Future is Made in All of America by All of k) America’s Workers
l) Executive Order 14008 – Tackling the Climate Crisis at Home and Abroad General Federal Regulations
a) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards – 2 C.F.R. Parts 200, 1201
b) Non-procurement Suspension and Debarment – 2 C.F.R. Parts 180, 1200 c) Investigative and Enforcement Procedures – 14 C.F.R. Part 13 85
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d) Procedures for predetermination of wage rates – 29 C.F.R. Part 1 e) Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States – 29 C.F.R. Part 3 f) Labor standards provisions applicable to contracts governing federally financed and assisted construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act) – 29 C.F.R.
Part 5
g) Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements) – 41 C.F.R. Parts 60, et seq.
h) New Restrictions on Lobbying – 49 C.F.R. Part 20
i) Nondiscrimination in Federally Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964 – 49 C.F.R.
Part 21
j) Uniform relocation assistance and real property acquisition for Federal and Federally assisted programs – 49 C.F.R. Part 24
k) Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance – 49 C.F.R. Part 25
l) Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance – 49 C.F.R. Part 27 m) DOT’s implementation of DOJ’s ADA Title II regulations compliance procedures for all programs, services, and regulatory activities relating to transportation under 28 C.F.R. Part 35
n) Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation – 49 C.F.R. Part 28 o) Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors – 49 C.F.R. Part 30 p) Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) – 49 C.F.R. Part 32
q) DOT’s implementing ADA regulations for transit services and transit vehicles, including the DOT’s standards for accessible transportation facilities in Part 37, Appendix A – 49 C.F.R. Parts 37 and 38
r) Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs – 49 C.F.R. Part 26 Office of Management and Budget Circulars
a) Any applicable OMB Circular based upon the specific FY 2022 Safe Streets and Roads for All Grant Recipients and Subrecipients.
Highway Federal Legislation
a) Agreements relating to the use of access to rights-of-way-interstate system, 23 U.S.C. 111
b) Planning, 23 U.S.C. 134 and 135 (except for projects that are not regionally significant that do not receive funding under Title 23 or Chapter 53 of Title 49) 86
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c) Tolls, 23 U.S.C. 301 (to the extent the recipient or subrecipient wishes to toll an existing free facility that has received Title 23 funds in the past); except as authorized by 23 U.S.C. 129 and 166.
d) Efficient Environmental Reviews - 23 U.S.C. 139
e) Policy on lands, wildlife and waterfowl refuges, and historic sites - 49 U.S.C. 303 Federal Highway Regulations
a) Planning – 23 C.F.R. Part 450 (except for projects that are not regionally significant that do not receive funding under Title 23 or Chapter 53 of Title 49) b) National Highway System Design Standards – 23 C.F.R. Part 625 c) Location and Hydraulic Design of Encroachments on Flood Plains – 23 C.F.R. Part 650 Subpart A
d) Manual on Uniform Traffic Control Devices – 23 C.F.R. Part 655 e) Length, Width and Weight Limitations – 23 C.F.R. Part 658 f) Environmental Impact and Related Procedures – 23 C.F.R. Part 771 g) Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites (Section 4(f)) – 23 C.F.R. Part 774
h) Permitting Requirements under the National Pollutant Discharge Elimination System – 40 C.F.R. Part 122
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EXHIBIT A
SCOPE OF WORK
Lynwood Vision Zero Action Plan
Develop a Vision Zero Action Plan that identifies priorities and strategies to help the City reduce fatalities and serious injuries.
The Vision Zero Action Plan will analyze and incorporate policies, strategies, and approaches from various agencies including FHWA's Safe Systems Approach. Plan developers will analyze collision data citywide to best assess the need for safety enhanc ements, identify key hot spot’s locations for quick-build projects and safety initiatives, and conceptually design and recommend low-cost and adjustable improvements for the community which include safety countermeasures that will reduce fatalities and serious injuries quickly and efficiently. The Plan recommendations and prioritization of projects and strategies will be an investment in networks of safe, accessible bicycle and pedestrian infrastructure, with a particular focus on closing gaps and investing in low-income and disadvantaged communities.
Engagement with non-motorists, transit users, motorists, and stakeholders (hospitals, schools, utility companies, businesses, community-based organizations, local and regional transit and/or transportation agencies) will be critical in the success of the Plan . The Plan developers will ensure proper communication and transparency is achieved by all parties. Focusing on the connectivity of schools, bus stops, parks, and retail will promote active transportation within the city. The Plan will enhance safety education programs and events for all ages and abilities throughout the area to encourage safer habits.
Performance Measures (completion of project)
a) Percent of Funds to Underserved Communi ties: Funding amount (of total project amount) benefiting underserved communities, as defined by USDOT.
b) Lessons Learned and Recommendations: D escription of lessons learned and any recommendations relating to future projects of strategies to prevent death and serious injury on roads and streets.
Timeline
Milestone Schedule Date
Planned Draft Action Plan Completion Date: 10/2/2024
Planned Action Plan Completion Date: 11/10/2024
Planned Action Plan Adoption Date: 11/23/2024
Planned SS4A Final Report Date: 7/31/2025
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Deliverables
a) Implement the Project consistent with th e Scope of Work and the Federal Grant (including any amendments approved by the LACMTA and the FHWA), and in compliance with all applicable federal regulations.
b) Submit all required reports an d certifications as detailed in this Agreement and as requested by LACMTA and FHWA.
c) Proposed enhancements to existing subr egional plans are completed, and/or the proposed Action Plan is made publicly available and is published on a publicly available website.
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EXHIBIT B
FINANCIAL PLAN
The total cost of the Project is $254,835. The following is a description of the funding category and the corresponding funding amounts and source to implement the Project.
Category FHWA Grant Local Match
Planning and Demonstration $203,868 $50,967
Sources of Federal Financial Assistance
Funding Year Fundin g Source Amount
FY2022 Safe Streets an d Road for All $203,868
Local Match
The Agency shall use Non-USDOT funds to match the grant.
FUNDING SOURCES TOTAL ($) FEDERAL ($) LOCAL ($)
1. SS4A (2022 Award)- Planning and Demonstration $203,868 $203,868
2. Lynwood Local Match $50,967 $50,967
Total $254,835 $203,868 $50,967
100% 80% 20%
ELIGIBLE EXPENSES TOTAL ($) FEDERAL ($) LOCAL ($)
1. Project Initiation and Management $38,535 $30,828 $7,707
2. Community Engagement $63,750 $51,000 $12,750
3. Existing Conditions Inventory, Mapping and Analysis $36,750 $29,400 $7,350
4. Policy Development $20,250 $16,200 $4,050
5. Final Plan Development $63,000 $50,400 $12,600
6. Final Report $32,550 $26,040 $6,510 Total $254,835 $203,868 $50,967
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EXHIBIT C
SUBRECIPIENT PROCUREMENT CERTIFICATION
As a condition for receiving certain subrecipient federal funds from the Los Angeles County Metropolitan Transportation Authority (Metro), The Agency certifies that procurement procedures will ensure an open competitive process and will conform to applicable federal law, including 49 CFR Part 18 (specifically Section 18.36). Furthermore, solicitation documents will not be released to the public or individual procurement contracts will not be executed until a Metro representative has reviewed all applicable procurement procedures and documents to ensure compliance.
Metro will be notified of the contract or option award including the name of the successful bidder, the total dollar value of the contract or option and the contract or option award date within three business days of the award.
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
THE FUNDING AGREEMENT WITH THE LOS ANGELES COUNTY METROPOLITAN
TRANSIT AUTHORITY FOR THE SAFE STREETS AND ROADS FOR ALL PROGRAM
FUNDS, FUNDING THE DEVELOPMENT OF THE LYNWOOD VISION ZERO ACTION PLAN.
WHEREAS, On February 1, 2023, the United States Department of Transportation (“USDOT”) announced the grant award under the fiscal year (FY) 2022 “Safe Streets for All” (SS4A) program; and
WHEREAS, On August 22, 2023, a grant agreement by and between the USDOT, the Federal Highway Administration (“FHWA”), and the Los Angeles County Metropolitan Transit Authority (“LACMTA”) was executed designating LACMTA as the recipient of FY 2022 SS4A funds to support the LACMTA Action Plan, which in part provides $203,868 in funding to the City of Lynwood for the development of the Lynwood Vision Zero Action Plan (the “Project”); and
WHEREAS, The Vision Zero Action Plan will identify priorities and strategies to help the City of Lynwood reduce fatal collisions and injuries; and WHEREAS, The City of Lynwood is receiving $203,868 from LACMTA and needs to provide a local match of $50,967 per the funding agreement; and WHEREAS, The total cost of work is estimated to be $254,835.
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 “LACMTA”.
Section 3. The City Council of the City of Lynwood authorizes the City Manager to approve the transfer of funds for the following appropriation:
APPROPRIATION
FUND DEPT DIV OBJECT DESCRIPTION AMOUNT
Budgetary Transfer Out
1011 General Fund ($50,967)
Budgetary Transfer In
4011 68 XXX Lynwood Vision
Zero Action Plan
$50,967
.
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Section 4. Authorize the Mayor to execute the 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 Resolution and hereafter the same shall be in full force and effect.
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PASSED, APPROVED and ADOPTED this 5th day of December 2023.
Oscar Flores
Mayor
ATTEST:
Maria Quinonez
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Noel Tapia Julian Lee
City Attorney Director of Public Works
Ernie Hernandez
City Manager
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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 5th day of December 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 5 th day of December 2023.
Maria Quinonez, City Clerk
95 AGENDA STAFF REPORT
DATE:
December
5, 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:
REQUEST FOR NEW APPROPRIATION FOR COMPLETE STREET
IMPROVEMENTS ON ATLANTIC AVENUE PROJECT STUDY REPORT.
Agenda Item # 10.1.
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN APPROPRIATION OF $42,600 FROM UNASSIGNED GAS TAX FUND BALANCE TO COMPLETE STREET IMPROVEMENT DESIGN ON ATLANTIC AVENUE PROJECT.”
Background:
The City of Lynwood has been focused on obtaining grant funding for various projects.
Currently, the City is looking to obtain grant funding for the Complete Street Improvements on Atlantic Avenue project that spans the length of the city limits. This project would include improvements such as reducing the traffic lanes from double lane to single lane. This would allow for inclusion of diagonal parking along both side of the street and promotion of foot traffic for businesses. Additionally, there would be installation of traffic calming measures in order to reduce vehicular speed and increase safety for pedestrians. A redesign of the parkway and sidewalk would also be considered which would allow for an increase in the square footage of walkable space. Funding is available and is from the Los Angeles County Metropolitan Transportation Authority (LACMTA) by the Gateway Cities Council of Governments (GCCOG), through the Technical Advisory Committees.
Discussion and Analysis:
City Council City Council Regular Meeting 96
Staff submitted a request for services (RFS) for the preparation of a Project Study Report (PSR) for the Complete Street Improvements on Atlantic Avenue from the Northern city limits to the Southern city limits. The PSR is needed in order to be eligible to pursue certain grant funding opportunities. These funding sources include different eligible categories such as, planning including environmental studies, design, and construction. The City’s contracted consulting engineering firm has provided the RFS to prepare the project scope for GCCOG and PRS to be submitted to the LACMTA. The PSR will contain the following items:
1 .
Project Description
2 .
Need and Purpose of the Project
3 .
Background and History
4 .
Discussion and Analysis of Alternatives
5 .
System Planning
6 .
Inventory of Environmental Resources
7 .
Description of Potential Hazardous Materials/Waste Problems 8 .
Identification of Potential Sources of Funding
9 .
Identification of Potential Programming
10 .
Supporting Documents
The fee for the above services is a not to exceed fee of $46,200. In addition, this project was identified after the budget process for Fiscal Year (FY) 2023-2024. Therefore, staff is requesting that the City Council approve the new funding request in the amount of $46,200 to initiate the Complete Street Improvements on Atlantic Avenue Project Study Report.
Fiscal Impact:
The project was not included in the approved FY 23/24 budget. New appropriation in the amount of $46,200 is needed to complete this project.
APPROPRIATION FROM
Fund
Dept
Div
Object
Description
Amount
Transfer Out
2101
Unassigned Gas Tax Fund
Balance
($46,200)
Transfer In
City Council City Council Regular Meeting 97
12-05-2023 Complete Street Improvements on Atlantic (Resolution) - PWD.docx 4011
68 To Be
Determined
Complete Street
Improvements on Atlantic
Avenue
$46,200
Coordinated With:
City Manager’s Office
Department of Finance and Administration Services
ATTACHMENTS:
Description
City Council City Council Regular Meeting 98
1 RESOLUTION NO.__________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN APPROPRIATION OF $42,600 FROM UNASSIGNED GAS TAX FUND
BALANCE TO COMPLETE STREET IMPROVEMENT DESIGN ON ATLANTIC AVENUE PROJECT.
WHEREAS, the City is looking for an opportunity to transform Atlantic Avenue within the City limits to create a more business friendly area; and WHEREAS, the City would need to obtain funding for the Complete Street Improvement Design on Atlantic Avenue Project (Project); and WHEREAS, grant funding is available from Los Angeles County Metropolitan Transportation Authority (LACMTA) by the Gateway Cities Council of Governments (GCCOG) through the Technical Advisory Committees; and
WHEREAS, staff submitted a request for service (RFS) for the preparation of a Project Study Report (PSR) for the Complete Street Improvements on Atlantic Avenue within the City limits; and
WHEREAS, the PSR is needed in order to be eligible to pursue grant funding; and WHEREAS, the cost for the preparation of the PSR is $46,200; and WHEREAS, the Project was identified after the FY 24 budget process; and WHEREAS, an appropriation from the Unassigned Gas Tax Fund budget is needed for the 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 substantive part of this resolution.
Section 2. That the City Council approves the budget augmentation transfer.
APPROPRIATION FROM
Fund Dept Div Object Description Amount
Transfer Out
2101 Unassigned Gas Tax
Fund Balance
($46,200)
99 2
Transfer In
4011 68 To Be
Determined
Complete Street
Improvements on Atlantic
Avenue
$46,200
Section 3. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.
Section 4. This Resolution shall take effect immediately upon its adoption.
Section 5. The City Clerk shall certify to the adoption of this Resolution and hereafter the same shall be in full force and effect.
100
3 PASSED, APPROVED and ADOPTED this 5th day of December 2023.
Mayor
ATTEST:
Maria Quinonez
City Clerk
APPROVED AS TO FORM:
Noel Tapia
City Attorney
APPROVED AS TO CONTENT:
Ernie Hernandez Julian Lee
City Manager Director of Public Works
101
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 5 th day of December 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 5 th day of December 2023.
Maria Quinonez, City Clerk
102
AGENDA STAFF REPORT
DATE:
December
5, 2023
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Shanell Shipe, Assistant to the City Manager
SUBJECT:
CITY COUNCIL REORGANIZATION
Agenda Item # 10.2.
Recommendation:
Staff recommends that the City Council make appointments to Mayor and Mayor Pro Tem.
Background:
Traditionally, the City Council go through an annual reorganization by nominating and appointing one of its members to serve as Mayor and Mayor Pro-Tem during the first meeting in December.
Discussion and Analysis:
N/A
Fiscal Impact:
N/A
Coordinated With:
City Council City Council Regular Meeting 103