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
October
1, 2024
COUNCIL CHAMBERS - 11350 BULLIS ROAD. LYNWOOD, CA 90262 Duly Posted on 9/26/24 By MQ
6:00 PM
Kid Mayor, Lincoln Elementary
Jose Luis Solache, Mayor
Rita Soto, Mayor Pro Tem
Gabriela Camacho, Council Member
Oscar Flores, Council Member
Juan Munoz-Guevara, Council Member
City Council Regular Meeting 1
6. PRESENTATIONS/PROCLAMATIONS
7. RECOGNITION OF EMPLOYEE RETIREMENT
8. PUBLIC HEARING
8.1 A RESOLUTION OF THE LYNWOOD CITY COUNCIL APPROVING AMENDMENTS
TO THE DEVELOPMENT RESTRICTIVE COVENANTS (ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT) URSUANT TO GOVERNMENT CODE 53083 BY AND
BETWEEN THE CITY OF LYNWOOD AND LYNWOOD SPRINGS LLC (NORTHGATE)
9. CONSENT CALENDAR
9.1 APPROVAL OF THE WARRANT REGISTER
Update on Law Enforcement Issues
City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)).
City Video(s)
Tamu Ledbetter
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:
STAFF RECOMENDS APPROVAL OF RESOLUTION AMENDING THE
DEVELOPMENT RESTRICTIVE COVENANTS (ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT) PURSUANT TO GOVERNMENT CODE 53083 BY AND
BETWEEN THE CITY OF LYNWOOD AD LYNWOOD SPRINGS LLC (NORTHGATE) (CD)
Recommendation:
STAFF RECOMENDS APPROVAL OF RESOLUTION AMENDING THE
DEVELOPMENT RESTRICTIVE COVENANTS (ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT) PURSUANT TO GOVERNMENT CODE 53083 BY AND
BETWEEN THE CITY OF LYNWOOD AD LYNWOOD SPRINGS LLC (NORTHGATE)
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.
City Council Regular Meeting 2
9.2 PREVIOUS MEETING MINUTES
9.3 APPROVAL OF SPECIAL EVENT– ALEGRIA BROTHERS INC., dba CIRCUS
ALEGRIA
9.4 APPROVAL OF A HOUSING ASSISTANCE PROGRAM (HAP) FUNDED WITH
PERMANENT LOCAL HOUSING ALLOCATION (PLHA) GRANT FUNDS
Comments:
City of Lynwood warrant register dated October 01,2024 for FY 2023-2024 and FY 2024- 2025. (FIN)
Recommendation:
Staff respectfully recommends that the City Council of the City of Lynwood approve the warrant register dated October 01,2024 for FY 2023-2024 and FY 2024-2025
Comments:
The purpose of this item is to have the Lynwood City Council review and approve the City Council meeting action minutes. (CC)
Recommendation:
Staff recommends that the Lynwood City Council approve the following meeting action minutes:
September 17, 2024 Regular Meeting and Closed Session Regular Meeting Action Minutes
Comments:
Staff recommends that the City Council consider the approval of a Special Event for Alegria Brothers Inc., dba Circus Alegria for the operation at 3000 East Imperial Highway from October 17, 2024 through November 5, 2024. (CD)
Recommendation:
Staff recommends that the City Council approve a Special Event for Alegria Brothers Inc., dba Circus Alegria for the operation at 3000 East Imperial Highway from October 17, 2024 through November 5, 2024, contingent upon the payment of all required fees.
Specific event activities are as follows.
Comments:
Staff recommends that the City Council consider the approval of a Housing Assistance City Council Regular Meeting 3
9.5 SALE OF CITY SURPLUS VEHICLES AND EQUIPMENT
9.6 PROJECT ACCEPTANCE FOR THE STREET IMPROVEMENT PROJECT WRIGHT ROAD FROM FERNWOOD AVENUE TO DUNCAN AVENUE STPL-5250(034) CIP PROJECT NO: 4011.67.911
Program (HAP) funded with Permanent Local Housing Allocation (PHLA) grant funds. (CD)
Recommendation:
Staff recommends that the City Council approve a r
esolution of the City Council of the
City of Lynwood, approving the
Housing Assistance Program (HAP) funded with
Permanent Local Housing Allocation (PLHA) grant funds.
Comments:
The City has 25 vehicles as well as equipment and machinery that are no longer operational. The items are obsolete and have passed their serviceable life. Staff is recommending that the items be declared obsolete and auctioned off through GovDeals. (PW)
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING
CERTAIN CITY OWNED VEHICLES AND EQUIPMENT AS SURPLUS PROPERTY AND
AUTHORIZING STAFF TO DISPOSE OF SURPLUS PROPERTYTHROUGH PUBLIC AUCTION SITE GOVDEALS FOR CURRENT AND FUTURE AUCTIONS.”
Comments:
The City of Lynwood awarded a construction contract to Sequel Contractors, Inc. on September 19, 2023, for the Street Improvement Project Wright Road from Fernwood Avenue to Duncan Avenue. The project has been completed and is now ready to be accepted by City Council. (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
WRIGHT ROAD STREET IMPROVEMENT PROJECT BETWEEN FERNWOOD AVENUE AND DUNCAN AVENUE PROJECT, FY 2023-2024 CIP PROJECT NO:
4011.67.911 AS COMPLETE; AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND THE City Council Regular Meeting 4
9.7 AWARD OF CONTRACT TO ADVANCED AVANT GARDE CORPORATION FOR
LABOR COMPLIANCE, GRANT REPORTING AND MANAGEMENT SERVICES FOR
PUBLIC WORKS PROJECTS
9.8 APPROVAL OF CIP BUDGET TRANSFERS FROM FISCAL YEAR 2023-2024
9.9 PROJECT ACCEPTANCE FOR THE CITYWIDE SLURRY SEAL (PHASE 4) PROJECT FISCAL YEAR (FY) 2023-2024 CIP NO. 4011.68.128
RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE ACCEPTANCE.”
Comments:
On August 14, 2024, Staff released a formal Request for Proposals (RFP) to the City Website (Planetbids) soliciting proposals for Labor Compliance Services for Public Works projects. On September 5, 2024, the proposal opening took place and staff received six (6) proposals. Staff recommends that City Council award a contract to Advanced Avant Garde Corporation. (PW)
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A
CONTRACT TO ADVANCED AVANT GARDE CORPORATION FOR LABOR
COMPLIANCE GRANT REPORTING & MANAGEMENT SERVICES FOR PUBLIC WORKS PROJECTS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
AND AUTHORIZING THE CITY MANAGER TO APPROVE AGREEMENT
AMENDMENTS RELATED TO THE AGREEMENT.”
Comments:
At the City Council meeting on June 26, 2024, the City Council approved the updated budget for the second year of the biennial fiscal period 2023-24 and 2024-25. Staff has updated the fiscal year (FY) 2023-2024 budget which includes adjustments to funding sources for Capital Improvement Projects (CIP). As such, staff presents the revised budget schedule for City Council’s consideration and approval. (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 THE CIP BUDGET TRANSFERS FOR FISCAL YEAR 2023-2024.”
Comments:
The City of Lynwood awarded a construction contract to All American Asphalt on November 21, 2023, for the Citywide Slurry Seal (Phase 4) Project FY 2023-2024, CIP No. 4011.68.128. The project has been completed and is now ready for acceptance by City Council Regular Meeting 5
9.10 AWARD OF CONTRACT TO ONWARD ENGINEERING FOR THE DESIGN
ENGINEERING SERVICES FOR THE ANNUAL STREET IMPROVEMENTS - PRIORITY 1 – FY 24/25 (CIP PROJECT NO. 2101|2121|2357|2352|9056.68.142)
10. NEW/OLD BUSINESS
10.1 TREASURER'S STATEMENT OF INVESTMENT POLICY
the City Council. (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 CITYWIDE SLURRY SEAL (PHASE 4) PROJECT FY 2023-2024 CIP NO. 4011.68.128 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 July 25, 2024, Staff released a Informal Request for Proposals (IRFP) to the City’s on- call engineering consultants soliciting proposals for the Design Engineering Services for the Annual Street Improvements - Priority 1 – Fiscal Year (FY) 24/25 CIP Project. On August 7, 2024, the proposal opening took place and staff received three (3) proposals.
Staff recommends that City Council award a contract to Onward Engineering. (PW) Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A
CONTRACT TO ONWARD ENGINEERING FOR THE DESIGN ENGINEERING SERVICES FOR THE ANNUAL STREET IMPROVEMENTS - PRIORITY 1 – FY 24/25 (CIP PROJECT NO. 2101|2121|2357|2352|9056.68.142).”
Comments:
The investment policies and practices of the City of Lynwood are based on state laws and principles of prudent money management. This statement is intended to provide guidelines for the prudent investment of idle and surplus cash, while meeting the short and long-term cash flow demands. It is submitted annually for City review. (CT) Recommendation:
Staff recommends that the Lynwood City Council review the Statement of Investment Policy and adopt the resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LYNWOOD, APPROVING THE CITIES ANNUAL STATEMENT OF INVESTMENT POLICY."
City Council Regular Meeting 6
11. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
12. STAFF ORAL COMMENTS
ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE HELD ON OCTOBER 15, 2024 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 7
AGENDA STAFF REPORT
DATE:
October
1, 2024
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Julian Lee, interim City Manager
PREPARED BY:
Gabriel Linares PE, Director of Community Development
SUBJECT:
A RESOLUTION OF THE LYNWOOD CITY COUNCIL APPROVING
AMENDMENTS TO THE DEVELOPMENT RESTRICTIVE COVENANTS
(ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT) URSUANT TO
GOVERNMENT CODE 53083 BY AND BETWEEN THE CITY OF
LYNWOOD AND LYNWOOD SPRINGS LLC (NORTHGATE)
Agenda Item # 8.1.
Recommendation:
STAFF RECOMENDS APPROVAL OF RESOLUTION AMENDING THE DEVELOPMENT
RESTRICTIVE COVENANTS (ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT) PURSUANT TO GOVERNMENT CODE 53083 BY AND BETWEEN THE CITY OF
LYNWOOD AD LYNWOOD SPRINGS LLC (NORTHGATE)
Background:
On September 19, 2023, The Lynwood City Council approved and entered into a Development Agreement with Lynwood Springs LLC. This Development Agreement acknowledges the need for the City to encourage economic development to increase employment, raise the property tax base, and attract and retain certain needed businesses.
Government Code Section 53083 provides that on and after January 1, 2014, each local agency shall, before approving any economic development subsidy in an amount of $100,000 or more within its jurisdiction, conduct a public hearing and provide specific information in written form to the public prior to approving an economic development subsidy.
To that end, the City of Lynwood (“City”) and Lynwood Springs, LLC, a California limited liability company (“Developer”) entered into an Agreement re Operating Covenant and City Council City Council Regular Meeting 8
Restrictive Covenants (the “Agreement”) as it relates to the property located at 11600 Long Beach Boulevard, Lynwood, County of Los Angeles, State of California (“Property”), which is included herein as Attachment A.
The City Council, Staff and Developer have accomplished many steps to finally arrive at this agreement.
1 .
The acquisition of multiple properties to finalize the boundaries of the project. 2 .
Proper relocation of all the tenants of said properties. 3 .
Petition and received remediation grant over $5 million from DTSC for the environmental remediation work necessary to build on the site
4 .
Work with the State Water Board EAR Program for petroleum free product removal and obtained $1.5 million for remediation.
5 .
Receiving approval of the Project thru the Planning Commission Conditional Use Permit process.
6 .
Negotiate a Owner Participation Agreement (OPA) that will benefit all parties and result in $1.5 Million in infrastructure improvement.
Therefore, by approving the economic development incentive agreement, the Council took an action that will help this project come to fruition.
The Developer has proposed the re-development of an underutilized and contaminated Property located at 11600 Long Beach Blvd. This property has remained undeveloped and underutilized for many years, due to contamination of soil and litigation issue. The Developer's proposed project would consist of a 38,274 square foot, grocery store (Northgate) offering a variety of freshly prepared foods, beverages, meat, seafood, dairy products, and other household products to the public ("Project" or "Business"), as desired by the Lynwood community, in an area that has been identified as a "food desert" by the U.S. Department of
Agriculture (
USDA).
Discussion and Analysis:
After further review of the development agreement, Lynwood Springs concluded that they would require changes to the “Development Schedule”, “Scope of Development”, the clarification of “Impact Fees” definition and a increase in the sales tax recapture from 50% to 75%. On May 2, 2024, Lynwood Springs, officially requested some additional concessions and changes to the Development Agreement in order to meet the new schedule of performance and to have the financial updated to have a feasible project given construction cost.
City Council City Council Regular Meeting 9
First Amendment to Agreement RE Operating Covenant.pdf
First Amendment to Development Agreement.pdf
Staff presented the requested DA amendments to the City Council during a May 2024 closed session meeting. The City council directed staff to work with our City Attorney, Financial Consultants and Lynwood Springs for agreeable amendments to the agreements. The First Amendment to the Development Agreement will include changes to the Operating covenant and restrictive covenants that are included in the economic subsidy report. Northgate is asking to reduce the development impact fees by 25% that will result in a reduction of approximately $40,551.70, and a increase in the sales tax recapture from 50% to 75% until the $1.5 Million cap is recaptured and also to make an update the the performance schedule.
The proposed Amendments to the Development Agreement serves to assist and promote economic development opportunities in the City and facilitate post-COVID economic recovery including the expansion of the City's employment base as well as its tax base (e.g. property and sales tax revenue) and foster a sustainable local economy. The proposed private investment, development, and operation of the proposed Project in the City may also attract additional businesses and investment in the community and enhance key employment areas, which is critical to achieving the goals and objectives outlined in the City's Long Beach Boulevard Specific Plan and General Plan.
Please note that the Public Hearing Notice was posted on Friday September 20, 2024, in the following locations:
1 .
City Website
2 .
Senior Center
3 .
Public Kiosk
4 .
Library
5 .
City Clerk’s Office.
The Economic Subsidy Report was made available in the City Clerk’s Office.
Fiscal Impact:
No Fiscal impact to the General Fund.
Coordinated With:
City Attorney as to form
Planning Commission recommendation resolution
ATTACHMENTS:
Description
City Council City Council Regular Meeting 10
Lynwood-Economic Development Subsidy Report - Kosmont Companies - Final (9.20.24).pdf
C. Resolution No. 3427 (Amended -FINAL).pdf
PAR EXED Agreement Re Operative Covenant and Restrictive Covenants (Oscar and Carl Matthew sign).pdf
PAR EXED Development Agreement (Oscar and Carl Matthew sign).pdf CC Ordinance First Amendment to DA with Northgate 11600 Long Beach Blvd (08.27.2024 final).docx
City Council City Council Regular Meeting 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
CITY OF LYNWOOD
FIRST AMENDMENT TO THE
ECONOMIC DEVELOPMENT
SUBSIDY REPORT
Pursuant to Government Code Section 53083
Prepared By:
KOSMONT COMPANIES
2301 Rosecrans Ave, Suite 4140
El Segundo, CA 90245
Telephone: (424) 297-1070
www.kosmont.com
September 20, 2024
34 CITY OF LYNWOOD ECONOMIC DEVELOPMENT SUBSIDY REPORT
Table of Contents
1.0 Introduction ...................................................................................... 3
1.1 Economic Development Subsidy Overview .............................................. 3 A. Description of Amended Agreement & Related Requirements............................ 3
2.0 Economic Development Subsidy Report ....................................... 3
2.1 Reporting Requirements ............................................................................. 3 A. Name and Address of Corporation ..................................................................... 4 B. Subsidy Schedule............................................................................................... 4 C. Statement of Public Purpose for Subsidy ........................................................... 5 D. Projected Tax Revenue to City of Lynwood ........................................................ 6 E. Estimated Number of Jobs ................................................................................. 6
35 CITY OF LYNWOOD ECONOMIC DEVELOPMENT SUBSIDY REPORT
1.0 Introduction
1.1 Economic Development Subsidy Overview
The City of Lynwood (“City”) and Lynwood Springs, LLC, a California limited liability company (“Developer”) entered into an Agreement re Operating Covenant and Restrictive Covenants dated September 19, 2023 and fully signed on May 15, 2024 (the “Original Agreement”) as it relates to the property located at 11700 Long Beach Boulevard, Lynwood, County of Los Angeles, State of California (Los Angeles County Assessor Parcel Numbers (“APNs”): 6175-002-001; 6175-002- 002; 6175-002-003; 6175-009-006; 6175-002-004; 6175-002-005; 6175-002-028; 6175-003-013; 6175-003-014; 6175 -003-015; 6175- 003-017; 6175- 003-018; 6175 -009-005; 6175- 009-007; 6175-009-008; and 6175-009-025 (“Property”). The City and Developer now desire to amend the Agreement to adjust the rate of the reimbursement of sales tax revenue and provide for a limited waiver of required impact fees (“First Amendment ”), which would constitute the economic development subsidy as further described herein.
A. Description of Amended Agreement & Related Requirements
The provisions in the Original Agreement and the First Amendment between the Developer and the City require the Developer to still adhere to certain Operating and Restrictive Covenants (“Covenant Requirements”). The Covenant Requirements still require that: (i) the business remain in operation in the City for tenant least fifteen (15) year term (“Operating Period”).
In exchange for satisfying the Covenant Requirements during the Operating Period, the First Amendment amends Covenant Considerations (“Economic Development Subsidy”) under the Original Agreement as follows:
1. The Sales Tax Revenue Rebate percentage payable to the Developer changes from fifty percent (50%) to seventy -five percent (75%). However, the cap on the total Economic Development Subsidy remains the same and shall not to exceed $1,500,000 over the duration of the Operating Period.
2. The addition of a partial waiver of impact fees equal to twenty-five percent (25%) of applicable Impact Fees in connection with the Project (“Impact Fee Waiver”).
2.0 Economic Development Subsidy Report
2.1 Reporting Requirements
In accordance with Government Code Section 53083, the following subsections provide the information and details of the First Amendment by and between the City and the Developer. The Report shall remain available to the public and posted on the City’s website until the end date of the First Amendment, which is more fully described herein. 36 CITY OF LYNWOOD ECONOMIC DEVELOPMENT SUBSIDY REPORT
A. Name and Address of Corporation
The name and address of all corporations or any other bus iness entities, except for sole proprietorships, that are the beneficiary of the economic development subsidy.
Corporation Name: Lynwood Springs, LLC, a California limited liability company Principal Address: 40 Pacifica, Suite 1500, Irvine, CA 92618 Affiliated Companies: Not applicable
B. Subsidy Schedule
The start and end dates and schedule, if applicable, for the economic development subsidy.
Pursuant to the First Amendment, if approved, the commencement date for the provision of the Economic Development Subsidy to Developer shall be on the day on which the Conditions Precedent are satisfied as described in greater detail herein.
The Economic Development Subsidy that the City will provide to Developer will conclude at the end of the Agreement’s Operating Period (15-year term) or when the subsidy amount provided to the Developer totals $1,500,000, whichever occurs first.
Post Occupancy Performance Based Requirements & Subsidy Calculation The First Amendment stipulates that the City agrees to pay to the Developer an amount equal to seventy-five percent (75%) of Sales Tax Revenues generated each year during the Operating Period payable annually on or before July 30th of each year for the preceding calendar year during the Operating Period.
A projection of gross sales tax collections directly attributable to the proposed Project were estimated over the post occupancy Operating Period using an annual 3% escalation and calculated by applying the aforementioned percentage ( 75%) in accordance with the First Amendment to derive the Economic Development Subsidy amounts.
Assuming that the Developer’s estimated gross sales generated on the Property in Calendar Year 2025 is conservatively $10,800,000 and the Sales Tax Revenue is equal to 1.75 % of gross sales (~$188,900), which includes all applicable Sales Tax Revenues as defined herein.
In that event, the Economic Development Subsidy in Calendar Year 2025 would be $141,700, which is 75% of the amount of the Sales Tax Revenues. It should be noted that the Sales Tax Revenues provided herein are a conservative estimate based on Kosmont’s initial review and evaluation of projections from the Developer and industry standard averages for sales tax revenue per square foot.
In the event that any payment to the Developer required under the First Amendment covers less than a full annual period, then the amount of the Economic Development Subsidy for said partial annual period shall be calculated by multiplying the total Sales Tax Revenues equivalency for the entire annual period (assuming that the Developer was entitled to receive Sales Tax Revenues for the annual period) by a fraction in which the numerator equals the 37 CITY OF LYNWOOD ECONOMIC DEVELOPMENT SUBSIDY REPORT
number of days in such semi -annual period included within the period of C ity’s payment obligation and in which the denominator is 365.
In addition, the City will provide for a limited waiver of required Impact Fees, specifically a waiver of 25% of all applicable Impact Fees (“Impact Fee Waiver”) in connection with the Developer’s proposed project (as described further herein). The estimated impact fees are approximately ( $162,206, therefore the estimated reduction in Impact Fees would be approximately $40,551 ($162,206 x 25% = $40,551).
C. Statement of Public Purpose for Subsidy
The Economic Development Subsidy that the City intends to provide to the Developer , pursuant to the terms of the First Amendment , constitutes a valid public purpose that is consistent with the following goals and objectives of the City’s Long Beach Boulevard Specific Plan and General Plan:
• Create additional opportunities to increase in sales taxes • Provide Lynwood businesses with a selection of programs and partnership opportunities to enhance their business enterprises
• Provide a base for economic vitality for the future.
• Promote employment opportunities at all levels of ability and expertise. • Encourage the development of new commercial and retail uses in locations where they can most efficiently provide Lynwood residents with needed products and services
The Economic Development Subsidy is one such economic development tool that will help facilitate the continued operation and accelerated acquisition, improvement, and development of the proposed Project in the City, thereby creating the potential for increased sales tax revenues and employment opportunities for local residents and promoting an improved quality of life locally.
As identified herein, the Developer has proposed the re-development of an underutilized and contaminated site located to the north and east of 11700 Long Beach Blvd, just south of the I-105 Freeway in Lynwood, CA. The proposed project would consist of a full -service grocery store (Northgate Market) and Starbucks desired by the Lynwood community, in an area that has been identified as a “food desert” by the USDA.
The proposed project is anticipated to serve a community of 69,000 Lynwood residents, as well as the 97,000 residents in adjoining Compton and 38,000 residents in Watts and is estimated to conservatively generate approximately $216,000 in annual sales tax for the City.
The City believes that the proposed project as envisioned will support the advancement of its economic development goals and objectives.
Northgate Markets works with a host of non -profit organizations and will provide other community benefits including but limited to free health clinics, free breast cancer screenings, free testing and vaccinations, free nu tritional programs and healthy cooking classes, food donations to help community members facing food insecurity, including special gifts at Thanksgiving and “surprise and delight” gifts to needy families in the community. 38 CITY OF LYNWOOD ECONOMIC DEVELOPMENT SUBSIDY REPORT
Northgate Markets also provide educational scholarships and programs for elementary school children featuring store tours and promoting healthy eating. The community will also enjoy celebrations of cultural events including Dia de los Niños, Cinco de Mayo, Dia de los Muertos, and Christm as posadas. Finally, Northgate Markets also provide sponsorships for local community groups and faith- based organizations, focused on helping children and offering support for school bands, and youth sports teams/organizations.
The proposed subsidy would help support the Developer’s investment and operation in the City, which will help foster and encourage a sustainable local economy including increased investment and improvement opportunities for existing surrounding commercial and businesses as well as a sustainable stream of revenue, namely property and sales tax revenue, to support the City’s General Fund and provide critical public infrastructure and civic services to the community as well as encourage business expansion to further enhance the City’s key employment areas.
D. Projected Tax Revenue to City of Lynwood
Based upon a review of projected gross sales tax revenue figures and estimates of projected growth in the Project’s operations over the term of the Operating Period, it is estimated that the City will retain approximately $665,000 over the term of the Operating Period “net” of the Economic Development Subsidy.
E. Estimated Number of Jobs
As required by the First Amendment, the Developer shall employ a minimum of one hundred and thirty (130) full -time employees and eighty (80) part -time employees and use its best efforts to hire and employ qualified City residents at the Property through targeted recruiting and/or advertising efforts within the City throughout the duration of the Operating Period.
39 1
RESOLUTION NO. 3427
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO.
2019-01 TO ESTABLISH A TYPE 21, FULL LINE OF ALCOHOL
SALES FOR OFF -SITE CONSUMPTION IN CONJUNCTION WITH
THE DEVELOPMENT, USE AND MAINTENANCE OF A 36,974
SQUARE FOOT GROCERY STORE (NORTHGATE) AND AN
APPROXIMATELY 1,285 SQUARE FOOT DRIVE -THROUGH
CAFE/RESTAURANT LOCATED AT 11600 AND 11640 LONG BEACH
BOULEVARD, RESPECTFULLY, LOCATED IN THE "TRANSIT
VILLAGE" AREA OF THE LONG BEACH BOULEVARD SPECIFIC
PLAN AND THE "CORRIDOR MIXED USE I" DESIGNATION OF THE
LYNWOOD TRANSIT AREA SPECIFIC PLAN.
WHEREAS, LYNWOOD SPRINGS, LLC (AKA - Northgate), the applicant, filed an application for the issuance of Conditional Use Permit No. 2019- 01, hereafter “CUP”, to add a Type 21 Alcohol Sales Approval , full line of alcohol beverages sales for off- site consumption, in conjunction with the new construction, use and maintenance of a 36,974 square foot Northgate Supermarket; and
WHEREAS, the new development is located at 11600 Long Beach Boulevard, Lynwood with corresponding Assessor Parcel Numbers (APNs) 6175- 002-001 through 6175-002-005, 6175-002-028, 6175-009-005 through 008, 6175-009-025, 6175-003-013 through 015, 6175-003-017 and 6175-003-018 in the "Transit Village" Zone of the Long Beach Boulevard Specific Plan and "Corridor Mixed Use I" Classification of the Lynwood Transit Specific Plan; and
WHEREAS, the Applicant’s PCN processing will continue to completion through the California Department of Alcohol and Beverage Control (ABC). Type 21 liquor licenses are issued to retail establishments authorized to sell a full-line of alcohol products for off-site consumption; and
WHEREAS, the project site will also include a 1,285 square-foot, drive-through cafe/restaurant within a larger two (2) parcel, 3.045 acres site with an address of 11640 Long Beach Boulevard, Lynwood. The subject development will include an on-site surface parking area consisting of 202 parking stalls arranged openly for patrons and visitors; and
WHEREAS, Conditional Use Permit No. 2019-01 was approved by Lynwood Planning Commission on September 14, 2021; and
WHEREAS, the need to amend the subject CUP’s findings and Resolution No. 3427 was bought to the Lynwood City Planning staff’s attention by the applicant to add Public 40 2
Convenience or Necessity (PCN) Findings in relation with a Type 21 Alcohol Sales Approval consistent the intent of Planning Commission to provide a complete approval on September 14, 2021 (CUP No. 2019-01); and
WHEREAS, this Resolution supplements any related approvals for this location; and
WHEREAS, all legal prerequisites to the adoption of this Resolution amendments have occurred or are in process; and
WHEREAS, pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections: 15063 of the California Environmental Quality Act (CEQA) guidelines, the project completed an Initial Study review and a Mitigated Negative Declaration (MND) completed pursuant to Section 15064(f)(2) of State CEQA guidelines.
The impacts associated with a Mitigated Negative Declaration were analyzed and the conclusions of the Initial Study determined that the project may cause potentially significant impacts to the environment without mitigation. Appropriate and necessary mitigation measures were applied and all potentially significant impacts were reduced to a less than significant level; and
WHEREAS, on September 1 0, 2024, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony related to amending the findings associated CUP No. 2019-01 / Resolution No 3427; and
WHEREAS, the Lynwood Planning Commission has sufficientl y considered all testimony presented to them in order to make the following determination.
NOW THEREFORE, BE I T RESOLVED, that the Planning Commis sion hereby does find, determine, and declare based upon evidence presented as follows:
Section 1. The facts and conclusions referenced above are incorporated as if fully set forth herein, and the findings made by the Planning Commission herein are supported by substantial evidence contained in the public record of this proceeding.
Section 2. Pursuant to Section 25-130-5 of the Lynwood Municipal Code, which requires five (5) findings for approval of a Conditional Use, including a positive Public Convenience or Necessity finding consistent with Business and Professions Code §§ 23958 and 23958.4, the Planning Commission hereby finds and determines as follows:
A. That the proposed conditional use is consistent with the General Plan;
The proposed uses of a grocery store and a drive -through café are permitted in a by- right manner with the sales of a full line of alcohol for off-site consumption, as described herein, is permitted as a discretion approval by the Planning Commission. The subject CUP may be approved if the request can be shown to fully comply with provisions of the Lynwood General Plan and Municipal Code. No development is authorized or approved in 41 3
conjunction with the granting of this CUP (refer to the Public Convenience or Necessity Findings in Paragraph F below) . The CUP will be vested in conjunction with the subject property until the alcohol use must be vested in accordance to the Lynwood Municipal Code within 12 months of the effective date of subject action or consistent with an approved Development Agreement applying all the measures of granted CUP. The CUP ABC Type 21 City-approved provisions apply to the subject site’s grocery store/supermarket.
B. That the nature condition and development of adjacent uses buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures;
The proposed uses are compatible with adjacent uses and structures and will either be similar or entirely complimentary. In fact, the proposed uses will extend a service to the adjacent uses, the City of Lynwood residents, and surrounding communities as well. As such, the proposed use's ancillary activities of a drive -through and ABC Type 21 alcohol sales will not be detrimental to the public interest, health, safety, convenience, or welfare in that the proposed use is limited to the sale of a full line of alcohol for off-site consumption. The conditions of approval require an improvement in accordance with the City of Lynwood’s General Plan, Zoning Code, and will be fully established/maintained in conjunction with the subject CUP approval
For the proposed alcohol sales, the California State Department of Alcoholic Beverage Control (ABC) will review and must also approve all alcohol sales requests in- line with State law. The su bject CUP approval is not expected to have a negative impact on the subject site or the surrounding areas.
C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed;
The site consists of an approximately 3.045 acres site and the shape of the finalized land area would more sufficiently accommodate the proposed uses and new buildings. The land area relative to other commercial sites in the City of Lynwood is much larger than locations, including Long Beach Boulevard retail locations. Furthermore, the shape and the various access points to the site make the location ideal for the proposed uses of a grocery store and retail café operation. As such, the site is found to substantially satisfy this finding of fact requirement.
D. That the proposed conditional use complies with all applicable development standards of the zoning district; and
The proposed CUP includes the sale of a full line of alcohol (ABC Type 21) for off - site consumption and a drive -through amenity to a by -right cafe/restaurant. The overall project and design will still need to secure a Site Plan Review approval through the Planning Division, complete a Plan Check review by the City's Building Division 42 4
and the County of Los Angeles Fire Department, and the County of Los Angeles Health Department. Furthermore, the approval of the subject CUPs by the Lynwood Planning is the final measure to fully ensure complete compliance with all applicable development standards of the underlying zoning district.
E. That the proposed conditional use observes the spirit and intent of this zoning code
The proposed uses observe the spirit and intent of the Zoning Code and the approved uses by CUP and are considered vested until the subject CUPs are fully established by physical structures finalized by certificate of occupancy. Full compliance with the City's Zoning Code is a condition of approval. As such, if the approved uses are not established within 12 months of the action date of this CUP that can apply the granted permit, these CUPs will become null and void.
The subject site’s approved CUP will be considered vested when the associated proposed uses are established when all the conditions are met and a building permit by the City’s Building Division is issued.
F. PUBLIC CONVENIENCE OR NECESSITY
The State of California's “Caldera Bill”, codified in Business and Professions Code §§ 23958 and 23958.4, requires a finding of public convenience or necessity when an on- and off- site alcohol sales application is filed with the Department of Alcoholic Beverage Control (ABC) for approval consideration and when an "undue concentration" of licenses within a subject location’s census tract or the geographic location exceeds reporting crimes statistics as described below. According to ABC’s license issuances and crime statistics indicated on their completed ABC -245 Form, the following information applies to the subject site:
A. Census Tract: 5417
1. No. of Licenses Allowed in the Census Tract: Three (3) Off-Site
2. No. of Licenses Existing in the Census Tract: Zero (0) Off-site
Conclusion: The number of existing licenses is lower than the number allowed
B. Crime Reporting District: 2117
1. Total Number of Reporting Districts: 10
2. Total No. of Offenses in All Reporting Districts: 3,481
3. Average No. of Offenses per District: 348.1
4. 120% of Average No. of Offenses: 417.7
5. Total No. of Offenses in Reporting District: 466
Conclusion: The Total No. of Offenses in the reporting districts equals or exceeds the total number in Item No. 4 above
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The subject site is located in a reporting district where the crime percentage number that exceeds 20 percent of the percentage amount permitted within its reporting districts, but does not exceed the number of off-site license issuances allowed in Census Tract No. 5417.00. As a result, State law defines the subject ABC alcohol license request an “undue concentration” and state regulations under CA B us & Prof Code §23958.4, as applicably referenced below, applies to Type 21 license being requested:
(a)(1) “The applicant premises [is] located in a crime reporting district that has a 20 percent greater number of reported crimes…than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency.”
(b)(2) Notwithstanding Section 23958, the department (the ABC) may issue a license as follows: …if the local governing body o f the area in which the applicant premises [is] located…determines…that public convenience or necessity would be served by the issuance.”
The applicant/operator has provided sufficient supporting information to ensure the addition of Type 21 for off-site consumption should not be a source of increased crime as a result of alcohol sales in conjunction with a Northgate supermarket. Specifically, the applicant/operator will maintain the primary use as a supermarket with a great majority of non -alcohol related products sold by the business, and limited hours of operation catered to neighborhood patrons (Monday through Sunday 7:00 a.m. to 10:00 p.m. and the following are findings for Public Convenience or Necessity for LYNWOOD SPRINGS, LLC (AKA- Northgate) to sell beer, wine, and distilled spirits for off-site consumption (ABC Type 21 License):
1. The use is essential or desirable to the public convenience and public welfare.
The availability of alcohol with the sale of staple groceries allows customers to ha ve readily available products in one location where they would otherwise be obliged to travel to other locations to further purchase their items; thus, the establishment of off- site alcoholic beverage sales serves a public convenience.
2. That the nature, condition and development of adjacent uses, buildings and structures have been considered and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings and structures or public health, safety or welfare and to other properties in the vicinity of the subject site.
The store’s primary operations and sales consist of staple groceries and consumer products with the sale of alcohol as an ancillary use. The proposed sale of alcohol would not be detrimental to the pu blic health, safety, or welfare primarily due to the fact that the new supermarket is located within a commercial development district surrounded by churches, schools, and residences. In addition, the supermarket frontage has been 44 6
designed with windows facing the Long Beach Boulevard and surface parking lot allowing for motorists and patrons outside the supermarket to have a direct view inside. All cashier functions will be located near the entrance of the supermarket with security cameras placed throughout the interior and exterior. The establishment will operate in compliance with the state’s Alcohol Beverage Control Act, together with any conditions of the license that may be issued by ABC. In addition, the City of Lynwood Planning Commission approved findings, on September 14, 2021 by CUP No. 2019-01, that a grocery store with alcohol sales will not adversely impact the public health, safety, or welfare of the surrounding community. In addition, the approved CUP placed conditions of approval intended to mitigate public health and safety issues along with an ability to revisit and add additional conditions as needed to protect the public’s interests. Therefore, the granting of the permit will not be detrimental to public welfare and to other properties in the vicinity.
3. The use observes the spirit and intent of the Zoning Code.
The current zoning for the site is Commercial. Food markets and general merchandise stores is a permitted use in the subject Commercial zone. Off -site alcohol sales at this grocery store location was been conditionally approved by CUP No. 2019 -01. The store will be located in a new retail building in compliance all the development standards of the Commercial zone.
4. The proposed use is consistent with the General Plan.
The Project complies with the goals and objectives of the General Plan as it will assist in providing a product that serves to provide the full spectrum of commercial needs for a community in a commercial retail district/location. Furthermore, the approved CUP No. 2021-01 made the finding that subject use of a grocery store with alcohol sales is consistent with the General Plan.
5. That the site for the proposed use is of sufficient in size and shape to accommodate the use.
CUP No. 2019- 01 approved the construction and operation of a grocery store and determined that the site was sufficient. The site will be accessed from Long Beach Boulevard and will have sufficient parking for a grocery store. Alcohol sales at the subject grocery store will not change the character of the store as the additional alcohol sales will be an ancillary use to the main sales of groceries, fresh meats, produce and consumer goods.
As a result, the Planning Department agrees and substantiates that the addition of a Type 21 alcohol sales in conjunction with the subject new development will serve the public convenience and necessity for this service. Furthermore, the applicant herein secures and amends Resolution No. 3427 a finding in the positive from the Lynwood Planning 45 7
Division, thereby also recommending the approval by the Lynwood Planning Commission as described.
As stated above, Conditional Use Permit No. 2021-01 continues to remain consistent with the City of Lynwood’s General Plan.
Section 3. The Planning Commission of the City of Lynwood hereby approves the amended findings for Public Convenience and Necessity in relation with CUP No. 2019-01, subject to all conditions, restrictions and limitations previously set forth as follows:
CONDITIONS OF APPROVAL
COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION
1. The Project shall comply with all City of Lynwood Municipal Code, California Building Code, Los Angeles County Fire Code and applicable State of California and Federal regulations and shall comply with requirements of City of Lynwood Departments.
2. Prior to issuance of a Building Permit, the Applicant shall sign a Statement of Acceptance that states he/she has read, understands and agrees to all Conditions of this approval and that acceptance of these Conditions waives any challenge as to the validity of these Conditions.
3. Development of the Project shall substantially conform to the Project depicted on the approved Site Plan and Elevations on file stamped September 14, 2021 , unless otherwise amended by these Conditions of Approval. Any subsequent modification of the Project site or structures thereon shall first be reported to the Community Development Department, Planning Division for review.
4. Prior to scheduling a final inspection from the Building Division, the Applicant/Property Owner shall obtain final signatures from other Departments indicating compliance with all Conditions.
5. Approval of this Project shall be valid for one (1) year from the date of the approval and shall become null and void and of no effect whatsoever after that date.
6. The City has determined that City, its employees, agents and officials should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, expense, attorney fees, litigation expenses, court cost or any other cost arising out of or in any way related to the issuance of this Site Plan Review, or the activities conducted pursuant to this Site Plan Review.
Accordingly, to the fullest extent permitted by law, LYNWOOD SPRINGS, LLC (AKA- Northgate) and his representative{s), or his successors shall defend, indemnify and hold harmless the City, its employees, agents and officials, from 46 8
and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or cost 6f any kind, whether actual, alleged or threatened, including, but not limited to, actual attorney fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part, the issuance of the Site Plan Review, or the activi ties conducted pursuant to this Site Plan Review. LYNWOOD SPRINGS, LLC (AKA - Northgate) and his
representative(s), or his successors shall pay such obligations as they are incurred by City, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the City reasonably determines necessary to protect the City from exposure to fees, cost s or liability with respect to such claim or lawsuit.
7. Prior to commencement of construction activity, the Applicant shall submit for plan check and approval. Said plans shall be marked with the Project file number (CUP No. 2019 -01) and shall contain Conditions of Approval printed on the plans.
8. All appeals must be brought within ten (10) business days of the date of the final action by the Planning Commission. An appeal will be scheduled for public hearing before the Lynwood City Council. Persons filing an appeal must submit an application and pay a fee of $1,385.00.
9. Prior to issuance of a Building Permit, the Applicant shall provide graphic evidence of, or shall place a note on the Building Plans pertaining to, the following in a manner meeting the approval of the Planning and Building Manager:
• Roof material shall be non -reflective to include clay tile, concrete tile, synthetic tile, or ARC 80 Composition Asphalt;
• Driveway and parking areas shall be paved with concrete and maintained; • Air conditioner, heating, cooling ventilation equipment, swimming pool pumps and heaters and all other mechanical devices shall be located within the rear yard, screened from view of surrounding properties and streets, and so operated that they do not disturb the peace, quiet and comfort of neighboring residents;
• Dimensions and materials of all existing and proposed fencing/walls; • Neutral or earth ton structural exterior colors; and, • Structures shall be architecturally compatible in material and colors.
10. The Property Owner shall maintain a proactive approach to eliminate graffiti from structures, fences/walls, and accessory buildings on a daily basis and shall remove all graffiti within 24 hours of placement of graffiti.
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11. Prior to commencement of Project grading/construction, the Applicant shall submit evidence to Building and Safety Division that all contractors working on the Project site have a valid City of Lynwood business license.
12. Prior to issuance of a Building Permit, the Applicant shall remit the following Development Impact Fees, and any other required Fees to the City of Lynwood:
• Art in Public Places Fee;
• Impact Fee;
• Drainage Fee;
• Plan Check Fee; and,
• School Fee.
13. Prior to issuance of any permit by the Building Division, the applicant shall provide proof of approved plans by the Los Angeles County Fire Department (stamped plans) that correspond to the Building Division's plans.
14. The drive-through operations shall be conducted in a manner which does not create any unacceptable noise levels in violation of the Noise Ord inance or in violation of any other provisions of the Lynwood Municipal Code, state, or federal law. Any nuisances associated with the drive-through operations must be abated immediately upon notice by the City.
15. The applicant shall design all outdoor lighting system that includes parking lot lighting with full shields and cut off flat lenses that ensures that all light from any fixture will not direct light skyward and minimizes light pollution (note: flood lights are strictly prohibited).
16. The applicant shall submit a Final Photometric Plan which identifies the overall lighting levels onsite while maintaining a minimum of 1 -foot candle. The lighting plan shall be designed to minimize lighting levels after the business is closed while maintaining sufficient security lighting.
17. All proposed light standards must be decorative and consistent with the architectural design of the building.
18. Business hours for the drive-through cafe/restaurant shall be limited from Monday through Sunday from 4 a.m. to 11 p.m.
19. The applicant shall screen all roof- mounted equipment. Rooftop screening of mechanical equipment shall be provided through architectural design by way of building elevations.
20. The applicant shall submit and pay the code-required fee for review and approval of final landscaping and irrigation plans to the Planning Department prior to issuance 48 10
of a building permit. The irrigation plan shall incorporate an automatic shut-off timer.
21. Anything which is not shown on application/plans or which is not spec ifically approved, or which is not in compliance with this section, is not approved. Any application and/or plans which are defective as to, but not limited to, omissions, dimensions, scale, use, colors, materials, encroachments, easements, etc., shall render any entitlements granted by this section null and void. Construction (if any) must cease until all requirements of this section are brought into compliance.
Development entitlements may be withheld until Code violations are abated.
22. Vending machines, A TMs, Payphones, and/or similar machines/devices are prohibited outside the building, with the exception of vending machines being permitted in the vending area. Any signage identifying the availability of these services must be included in the applicant's sign packet for review and approval by the Planning Division.
23. No signage shall be allowed on any proposed roll -up doors and windows signage shall comply with the Lynwood Municipal Code.
24. The CUP approval shall be subject to the property establishing a use in accordance with the General Plan and “Appendix A” of the City of Lynwood Zoning Code within 12 months of the effective date of this action.
25. The CUP approval shall be subject to a required Site Plan approval within 12 months of the effective date of this action.
26. Loitering is prohibited on the premises.
27. No public telephone shall be permitted on the exterior or interior of the property.
28. There shall be no coin-operated machines or video game machines on the premises.
29. The property owner/operator and on-site manager(s) shall comply with all applicable laws and conditions and shall properly manag e the premises to discourage illegal, criminal, and/or nuisance activity on the subject premises and any accessory parking area which have been made available or are commonly utilized for patron parking.
30. The premises shall be kept free and clear of debris and litter.
31. Security cameras and a recording device shall be installed that cover all entrances, exits, and common area of the location.
32. The approved Conditions of Approval shall be retained on the premises at all times and produced immediately upon request by the Sherriff's Department or any policing 49 11
agency that has jurisdiction over the location, Code Enforcement, and/or Planning Division.
COMMUNITY DEVELOPMENT DEPARTMENT - BUILDING & SAFETY DIVISION
33. All construction shall meet or exceed the minimum building standards that are referenced in the following:
• The California Building Code - 2019 edition;
• The California Plumbing Code - 2019 edition;
• The California Mechanical Code - 2019 edition;
• The Los Angeles County Fire Code - 2019 edition;
• The National Electric Code - 2019 edition.
In cases where the provisions of the California Building Code, the City of Lynwood Municipal Code, or the plans or specifications in these plans may conflict, the more restrictive provisions shall govern.
34. Applicant/property owner must provide a copy of the permit card signed by all departments prior to scheduling a final inspection.
DEPARTMENT OF PUBLIC WORKS
35. The project shall be reviewed and approved by the City of Lynwood Public Works, Engineering Department. If you have any questions, you may contact Public Works staff at (310)603-0220 extension 800.
36. No final sign-off shall be given until all conditions of approval from the Public Works Department have been completed completely signed-off.
COUNTY OF LOS ANGELES FIRE DEPARTMENT
37. Submittals to the County of Los Angeles Fire Department Fire Prevention Land Development Unit shall be submitted through EPICLA
. The submittal should be done
by the applicant, creating an account and opening a case. They should add the city planner as a contact so you can log in and view the activity on the file.
If the applicant needs assistance with epicla.lacounty.gov they can contact the Land Development Unit Clerk, Tony Le at (323) 890-4243.
County of Los Angeles Fire Department
Fire Prevention Engineering Section
Building Plan Check Office
5823 Rickenbacker Road
Commerce, CA 90040
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(323) 890-4125
SECTION 4. The proposed Project is subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Section 15301, Class 1 Existing Facilities Projects of the California Code of Regulations because the Project consists of the operation, maintena nce, permitting and licensing of an existing private structure; and the Project does not trigger the exceptions set forth under Section 15300.2 of the CEQA guidelines.
SECTION 5. If any section, subsection, clause or phrase of this Resolution is for any reason, held to be unconstitutional, or otherwise invalid, such decision shall not affect the validity of the remaining sections of this Resolution. The Planning Commission hereby finds that it would have passed this Resolution and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid.
SECTION 6. The Planning Commission, on the basis of the whole record before it, including the Categorical Exemption, and public comments received thereto, finds that there is no substantial evidence that the approval of the Project will have a significant effect on the environment. The Planning Commission further finds tha t the Categorical Exemption reflects the independent judgment and analysis of the Planning Commission for the Project.
SECTION 7. This Resolution is the result of an action taken by the Planning Commission on September 10, 2024, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
SECTION 8. The Secretary shall certify to the adoption of this Resolution and shall transmit copies of same to the applicant and the Lynwood City Clerk.
PASSED, APPROVED, AND ADOPTED this 10
th day of September 2024.
Lorraine Moore
Vice Chairperson
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APPROVED AS TO FORM APPROVED AS TO CONTENT
John Lam Gabriel Linares
Office of the City Attorney Director of Community Development
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1 ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING
THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH
LYNWOOD SPRINGS, LLC FOR THE DEVELOPMENT OF THE
COMMERICAL PROPERTY LOCATED AT 11600 LONG BEACH
BOULEVARD
RECITALS
WHEREAS, the California Legislature adopted the “Development Agreement Statute,” Section 65864 et seq. of the Government Code to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development; and
WHEREAS, on July 5, 2022, the City of Lynwood (“City”) adopted Ordinance No. 1747 approving a development agreement by and between the City and Lynwood Springs, LLC (“Developer”) (“Development Agreement”) for the construction and development of a retail center (“Project”), including a food supermarket, located at 11600 Long Beach Boulevard (APNs: 6175-002-001 thru 6175-002-005, 6175-002-028, 6175- 009-005 thru 008, 6175-009-025, 6175-003-013 thru 015, 6175-003-017 and 6175-003- 018) (“Property”); and
WHEREAS, on September 14, 2021, the City Planning Commission, by Resolution No. 3427, approved an Initial Study and Mitigated Negative Declaration No. 2019-01 for the Project (the “MND”), and Addendum to the MND (Addendum MND 2019-01-REC1) to the underlying Mitigated Negative Declaration No. 2019-01 in compliance with the State California Environmental Quality Act (CEQA) Guidelines, California Code of Regulations, Title 14, Chapter 3, Section 15073.5(c)(4), which was subsequently adopted by the City Council on July 5, 2022; and
WHEREAS, Developer has requested certain modifications to the Development Agreement as further described in the First Amendment to Development Agreement (“First Amendment”) included herein as Attachment 1, which includes a revision to the development schedule, an updated description of the history and parameters of the Project, and updated references to agreements related to the Impact Fees associated with the Project; and
WHEREAS, the Property is located in an area that is underserved by major grocery chains and the City Council desires to take measures to ensure the City’s residents have convenient access to fresh produce and other healthy foods; and WHEREAS, the City Council desires to adopt such modifications to the Development Agreement included in the First Amendment.
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WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council hereby finds and determines that all of the above Recitals are true and correct and incorporates such Recitals into this Ordinance.
Section 2. CEQA Findings. The City Council hereby finds and determines that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) (Public Resources Code Section 21000, et seq.) under the “common sense” exemption pursuant to Section 15061(b)(3) of the CEQA Guidelines, which applies when it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Section 3. The City Council also hereby finds and determines that the First Amendment is consistent with the City’s General Plan, the Long Beach Boulevard Specific Plan, "Corridor Mixed Use I" of the Lynwood Transit Specific Plan, and the “Commercial” general plan designation. The Findings of Approval associated with Planning Commission Resolution Nos. 3427, 3428, and 3429 and Conditional Use Permit No. 2019-01, Conditional Use Permit No. 2020-01, and Tentative Parcel Map No. 2019- 01, respectively, adopted by the Planning Commission on September 14, 2021, and City Council Ordinance No. 1747 are hereby incorporated herein by this reference as part of the findings in support of the First Amendment.
Section 4. Based on the recitals, public testimony, staff report and other findings included herein, the City council finds that the adoption of this Ordinance is in the best interests of the City and is necessary for the preservation of the public welfare, health and safety of residents living within the City of Lynwood. As such the City Council hereby approves the First Amendment to the Development Agreement and authorizes the City Manager to execute the First Amendment and all ancillary documents and record same as reasonably necessary to effectuate the intent of this Ordinance.
Section 5. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
Section 6. Effective Date. The City Clerk shall certify to the passage of this Ordinance and shall cause this ordinance to be published and/or posted as required by law and said Ordinance shall become effective 30 days after its passage. 87 3
PASSED, APPROVED AND ADOPTED this ____ day of ________ 2024. ________________________________
Jose Luis Solache, Mayor
ATTEST:
_______________________________
Maria Quinonez, City Clerk
APPROVED AS TO FORM APPROVED AT TO CONTENT
_______________________________ ________________________________ Noel Tapia, City Attorney Julian Lee, Interim City Manager 88 4
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Ordinance was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the _______ day of __________, 2024, and passed by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Maria Quinonez, City Clerk
89 AGENDA STAFF REPORT
DATE:
October
1, 2024
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Julian Lee, Interim City Manager
PREPARED BY:
Harry Wong, Director of Finance & Administration
Mohammad Islam, Accounting Technician
SUBJECT:
APPROVAL OF THE WARRANT REGISTER
10-01-2024-CC - WARRANT
RESOLUTION TEMPLATE-2024 - Copy.pdf
Agenda Item # 9.1.
Recommendation:
Staff respectfully recommends that the City Council of the City of Lynwood approve the warrant register dated October 01,2024 for FY 2023-2024 and FY 2024-2025 Background:
N/A
Discussion and Analysis:
N/A
Fiscal Impact:
FY 2023-2024 and FY 2024-2025
Coordinated With:
City Manager’s Office
City Attorney’s Office
ATTACHMENTS:
Description
City Council City Council Regular Meeting 90
Warrant run 10-1-2024-CC.pdf
City Council City Council Regular Meeting 91
RESOLUTION NO. 2024.xxx
Warrant Registers Dated 10-01-2024
PASSED, APPROVED and ADOPTED this 1st day of October 2024.
Jose Luis Solache, Mayor
ATTEST:
__________________________
Maria Quiňonez, Julian Lee,
City Clerk Interim City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
________
Noel Tapia, Harry Wong,
City Attorney Director of Finance and Administration
92 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 1st day of October 2024.
AYES: COUNCIL MEMBERS CAMACHO, FLORES, MUNOZ-GUEVARA, MAYOR
PRO TEM SOTO AND MAYOR SOLACHE
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. 2024.xxx on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 1st day of October 2024.
__________________________ Date: _________________________ Maria Quiňonez,
City Clerk
93 apCkHist
09/24/2024 8:05AM
Bank code: apbank
Void Check# Date Vendor
210315
211398
211818
04/02/2024 014155 JUDITH A. LEWIS
08/06/2024 014304 D'VILLES GRILLE
09/17/2024 001313 MARIA QUINONEZ
3 checks in this report
Void Check Listing
City of Lynwood
ClearNoid Date Invoice
09/18/2024 STALE DATED-211881
09/18/2024 LOST IN MAIL-211895
09/17/2024 CHECK DATE-211866
Page:1
Inv. Date Amount Paid Check Total
03/12/2024 789.40 789.40
06/14/2024 826.88 826.88
09/30/2024 500.00 500.00
apbank Total: 2,116.28
Total Checks: 2,116.28
Page: 1
94 vchlist
09/16/2024 12:16:47PM
Electronic Financial transaction List
City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO#
2014 8/2/2024 013090 PERS Ben163541
2022 8/2/2024 013090 PERS Ben163607
2025 8/7/2024 013091 PERS 457 Ben163613
2027 8/1/2024 013507 NATIONWIDE RETIREMENT SOLUTION Ben163617 2028 8/8/2024 012556 KEENAN & ASSOCIATES Ben163984
2029 8/8/2024 005794 INTERNAL REVENUE SERVICE Ben163986 2030 8/20/2024 013073 CALPERS INSURANCE Ben163988
2031 8/9/2024 013090 PERS Ben163991
2032 8/8/2024 001357 EMPLOYMENT DEVELOPMENT DEPT. Ben163993 2033 8/8/2024 013473 CONTROLLING INSURANCE COST IN, Ben163995 2034 8/20/2024 013091 PERS 457 Ben163997
2035 8/14/2024 010069 NATIONWIDE RETIREMENT SOLUTION Ben163999 2036 8/8/2024 012556 KEENAN & ASSOCIATES Ben164326
Page: 2
Description/Account Amount
PERS: PAYMENT 1,016.79
Total: 1,016.79
PERS: PAYMENT 70,176.03
Total: 70,176.03
DEF COMP- PERS 457: PAYMENT 7,361.04
Total: 7,361.04
401A: PAYMENT 567.96
Total: 567.96
DELTA DENTAL: PAYMENT 4,687.93
Total: 4,687.93
SOCIAL SECURITY: PAYMENT 51,714.67
Total: 51,714.67
BLUE SHIELD ACCESS+: PAYMENT 59,869.57
Total: 59,869.57
PERS: PAYMENT 68,912.78
Total: 68,912.78
STATE DISABILITY INS.: PAYMENT 15,602.95
Total: 15,602.95
VISION: PAYMENT 498.37
Total: 498.37
DEF COMP- PERS 457: PAYMENT 7,361.04
Total: 7,361.04
DEF COMP - NATIONWIDE: 9,824.02
Total: 9,824.02
DELTA DENTAL: PAYMENT 92.48
Page: 2
95 vchlist Electronic Financial transaction List Page: 3 09/16/2024 12:16:47PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 2036 8/8/2024 012556 012556 KEENAN & ASSOCIATES (Continued) Total: 92.48 2037 8/22/2024 005794 INTERNAL REVENUE SERVICE Ben164328 SOCIAL SECURITY: PAYMENT 772.58 Total: 772.58
2038 8/29/2024 013090 PERS Ben164330 PERS: PAYMENT 1,016.79 Total: 1,016.79
2039 8/8/2024 013473 CONTROLLING INSURANCE COST IN, Ben164332 VISION: PAYMENT 30.63 Total: 30.63
2040 8/30/2024 013091 PERS 457 Ben164334 DEF COMP- PERS 457: PAYMENT 2,880.92 Total: 2,880.92
2041 8/29/2024 010069 NATIONWIDE RETIREMENT SOLUTION Ben164336 DEF COMP - NATIONWIDE: 500.00 Total: 500.00
2042 8/20/2024 013073 CALPERS INSURANCE Ben164338 PERS PLATINUM - MONTHLY: 1,131.47 Total: 1,131.47
2043 8/8/2024 012556 KEENAN & ASSOCIATES Ben164376 DELTA DENTAL: PAYMENT 4,433.05 Total: 4,433.05
2044 8/22/2024 005794 INTERNAL REVENUE SERVICE Ben164378 SOCIAL SECURITY: PAYMENT 79,102.86 Total: 79,102.86
2045 8/20/2024 013073 CALPERS INSURANCE Ben164380 BLUE SHIELD ACCESS+: PAYMENT 59,761 .37 Total: 59,761.37
2046 8/29/2024 013090 PERS Ben164382 PERS: PAYMENT 68,498.01 Total: 68,498.01
2047 8/29/2024 001357 EMPLOYMENT DEVELOPMENT DEPT. Ben164384 STATE WITHHOLDING TAXES: 24,962.03 Total: 24,962.03
2048 8/8/2024 013473 CONTROLLING INSURANCE COST IN, Ben164386 VISION: PAYMENT 486.68 Total: 486.68
2049 8/30/2024 013091 PERS 457 Ben164388 DEF COMP- PERS 457: PAYMENT 7,361.04 Page: 3
96 vchlist
09/16/2024 12:16:47PM
Electronic Financial transaction List
City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice
2049 8/30/2024 013091 013091 PERS 457 (Continued)
2050 8/29/2024 010069 NATIONWIDE RETIREMENT SOLUTION Ben164390 2051 8/29/2024 013507 NATIONWIDE RETIREMENT SOLUTION
1006131 8/8/2024 001224 STANDARD INSURANCE COMPANY
1006132 8/8/2024 011076 KEENAN & ASSOCIATES
1006133 8/8/2024 013473 CONTROLLING INSURANCE COST IN,
1006134 8/8/2024 000372 FIRE DEPARTMENT, LOS ANGELES
1006135 8/22/2024 013121 AUL HEALTH BENEFIT TRUST C/O,
1006137 8/14/2024 000019 CITY NATIONAL BANK
1006138 8/22/2024 001357 EMPLOYMENT DEVELOPMENT DEPT.
1006139 8/20/2024 013073 CALPERS INSURANCE
1006140 8/20/2024 013090 PERS
37 Vouchers for bank code : apbank
Ben164392
001224-083124
011076-083124
013473-083024
C0012333
013121-093024
8797321
8857811
001357-082224
100000017647829
100000017647831
100000017645349
PO#
01 -001825
Page: 4
Description/Account Amount
Total: 7,361.04
DEF COMP- NATIONWIDE: 22,434.95
Total: 22,434.95
401A: PAYMENT 17,322.71
Total: 17,322.71
LIFE INSURANCE-RETIREE 2,157.00
Total: 2,157.00
PREMIUM-RETIRE DEL TA DENTAL 7,664.79
Total: 7,664.79
PREMIUM-RETIREE VISION AUGUST 941 .62
Total: 941.62
FIRE PROTECTION SERVICES 770,537.35
Total: 770,537.35
MEDICAL PREMIUM-RETIREE 70,263.68
Total: 70,263.68
RETAINAGE PAYABLE~ 77,081.86
RETAINAGE PAYABLE~ 10,246.11
Total: 87,327.97
EDD PAYMENT- INVOICE BEN164384 489.50
Total: 489.50
HEAL TH PREMIUM-RETIREE-PERS 19,296.21
HEAL TH PREMIUM-RETIREE NON 327.65
Total: 19,623.86
GASB 68 REPORTING 350.00
Total: 350.00
Bank total: 1,547, 736.49
Page: 4
97 vchlist
09/16/2024 12:16:47PM
Bank code: sa usb
Voucher Date Vendor
1006136 8/8/20~4 000173 U.S. BANK TRUST
1 Vouchers for bank code :
38 Vouchers in this report
sa_usb
Electronic Financial transaction List
City of Lynwood
Invoice PO#
-------
2632666
Description/ Account
PRINCIPAUINTEREST-2022 LRA
Total:
Bank total:
Total vouchers:
Page: 5
Amount
1,114,998.39
1, 114,998.39
1, 114,998.39
2,662,734.88
Page: 5
98 vchlist Prepaid-Check List Page: 6
09/12/2024 5:27:20PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 211866 9/11/2024 001313 QUINONEZ, MARIA 001313-093024 ELECTRONIC/MEDIA-AUTO EXPENSE 500.00 Total: 500.00
211867 9/11/2024 001330 CANON FINANCIAL SERVICES, INC. 34198953 12-000483 PRINTING SERVICE EXPENSE 759.67 Total: 759.67
211868 9/11/2024 003372 CITY OF LYNWOOD 44-02000-02-053024 UTILITY ASSISTANCE 1,150.31 53-10400-06-072324 UTILITY ASSISTANCE 2,445.83
71-01200-05-073124 UTILITY ASSISTANCE 259.93
Total: 3,856.07
211869 9/11/2024 001357 EMPLOYMENT DEVELOPMENT DEPT. L1728307408 LIABILITY 3,768.36 Total: 3,768.36
211870 9/11/2024 009633 EVENT STEP AND REPEAT 19604 EVENT SERVICE FEE 1,035.32 Total: 1,035.32
211871 9/11/2024 011188 INSURANCE COMPANY, THE LINCOLN 4735884857 STD AND LTD PREMIUM 4,526.61 Total: 4,526.61
211872 9/11/2024 000486 LIBERTY UTILITIES 200006786764-080724 UTILITY ASSISTANCE 2,245.77 200006874982-060624 UTILITY ASSISTANCE 1,819.72
Total: 4,065.49
211873 9/11/2024 005229 MISAC 300005628 FEES FOR SERVICES 130.00 Total: 130.00
211874 9/11/2024 014243 SHAWAS ENTERTAINMENT 101 EVENT SERVICE FEE 1,100.00 Total: 1,100.00
211875 9/11/2024 000163 SOUTHERN CALIFORNIA EDISON 700121802136-080824 UTILITY ASSISTANCE 2,254.90 700338586628-081224 UTILITY ASSISTANCE 54.86
700348098991-082124 UTILITY ASSISTANCE 963.46
700624669132-062124 UTILITY ASSISTANCE 2,600.00
700674300901-061724 UTILITY ASSISTANCE 1,749.40
700719557562-081624 UTILITY ASSISTANCE 492.11
Page: 6
99 vchlist Prepaid-Check List Page: 7
09/12/2024 5:27:20PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 211875 9/11/2024 000163 000163 SOUTHERN CALIFORNIA EDISON (Continued) Total: 8,114.73 211876 9/11/2024 008811 TARGET SPECIALTY PRODUCTS INVP501571950 06-010209 SUPPLIES EXPENSE 4,736.51 Total: 4,736.51
211877 9/11/2024 000164 THE GAS CO. 00650098874-061824 UTILITY ASSISTANCE 580.28 03240118228-061724 UTILITY ASSISTANCE 2,058.80
04400101954-081924 UTILITY ASSISTANCE 277.60
18430135378-062424 UTILITY ASSISTANCE 3,849.69
18770113654-081624 UTILITY ASSISTANCE 745.10
19120107750-082624 UTILITY ASSISTANCE 111.60
Total: 7,623.07
211878 9/11/2024 002386 T-MOBILE USA, INC 983463843-0721-0820 CELL PHONE SERVICE 29.52 Total: 29.52
211879 9/11/2024 008657 WASTE RESOURCES, INC. 0003013166 06-010285 PROF & CONTRACTUAL SERVICES 20,456.62 035655-072424 UTILITY ASSISTANCE 744.07
041805-070124 UTILITY ASSISTANCE 143.76
Total: 21,344.45
211880 9/11/2024 000163 SOUTHERN CALIFORNIA EDISON 000163-091124 LIGHT & POWER SERVICE 112,992.99 Total: 112,992.99
Page: 7
100
vchlist Prepaid-Check List Page: 8
09/23/2024 12:59:27PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 211881 9/18/2024 014155 LEWIS, JUDITH A. 014155-01079951 REFUND-US OVERPAYMENT 789.40 Total: 789.40
211882 9/18/2024 005344 AT&T MOBILITY 287341717172X090424 PHONE SERVICES 3,163.02 Total: 3,163.02
211883 9/18/2024 004285 AVANT GARDE, INC. 10552 06-010087 PROF & CONTRACTUAL SERVICES 2,250.00 10553 06-010087 PROF & CONTRACTUAL SERVICES 1,459.00
10554 06-010087 PROF & CONTRACTUAL SERVICES 650.00
10555 06-010087 PROF & CONTRACTUAL SERVICES 325.00
10556 06-010087 PROF & CONTRACTUAL SERVICES 650.00
10557 06-010087 PROF & CONTRACTUAL SERVICES 1,000.00
10559 06-010087 PROF & CONTRACTUAL SERVICES 500.00
10587 06-010087 PROF & CONTRACTUAL SERVICES 11 ,723.75
10659 06-010087 PROF & CONTRACTUAL SERVICES 5,200.00
10661 06-010087 PROF & CONTRACTUAL SERVICES 300.00
Total: 24,057.75
211884 9/18/2024 001330 CANON FINANCIAL SERVICES, INC. 34873432 12-000483 FEES FOR SERVICES 759.67 Total: 759.67
211885 9/18/2024 003372 CITY OF LYNWOOD 51-14100-02-072324 UTILITY ASSISTANCE 589.49 53-23300-04-073124 UTILITY ASSISTANCE 529.13
Total: 1,118.62
211886 9/18/2024 001987 DISTRICT OF SOUTHERN CALIF., WATER 001987-July 31 ,2024 06-010183 PROF & CONTRACTUAL SERVICES 191,436.59 Total: 191,436.59
211887 9/18/2024 014026 IBE DIGITAL 588375788 12-000479 PRINTING SERVICE EXPENSE 617.06 Total: 617.06
211888 9/18/2024 000486 LIBERTY UTILITIES 200006750273-090424 WATER SERVICES- 073024-082924 102.23 200006750281-091024 WATER SERVICES -073124-082824 50.79 200006750299-090624 WATER SERVICES- 073124-082824 50.79 Total: 203.81
211889 9/18/2024 004854 PETTY CASH- FINANCE 004854-091124 PETTY CASH 607.77 Page: 8
101
vchlist
09/23/2024 12:59:27PM
Bank code: apbank
Voucher Date Vendor
211889 9/18/2024 004854 004854 PETTY CASH- FINANCE
211890 9/18/2024 000163 SOUTHERN CALIFORNIA EDISON
211891 9/18/2024 013288 SPECTRUM
211892 9/18/2024 000164 THE GAS CO.
211893 9/18/2024 008657 WASTE RESOURCES, INC.
211894 9/18/2024 011963 WEX BANK
211895 9/18/2024 014304 D'VILLES GRILLE
30 Vouchers for bank code : apbank
30 Vouchers in this report
Prepaid-Check List
City of Lynwood
Invoice
(Continued)
700184602764-071824
700461789863-082324
700471964860-091124
700681288638-073124
700874534159-082224
188406301090124
04840110359-082624
07110138802-081924
067732-070124
076575-070124
99637957
000041
Page: 9
PO# Description/ Account Amount
Total: 607.77
UTILITY ASSISTANCE 1,554.55
UTILITY ASSISTANCE 684.34
UTILITY ASSISTANCE 803.36
UTILITY ASSISTANCE 789.39
UTILITY ASSISTANCE 348.96
Total: 4,180.60
INTERNET SERVICES 219.98
Total: 219.98
UTILITY ASSISTANCE 693.66
UTILITY ASSISTANCE 1,445.45
Total: 2,139.11
UTILITY ASSISTANCE 129.88
UTILITY ASSISTANCE 62.96
Total: 192.84
06-010187 FUEL CHARGES FOR CITY 12,132.93
Total: 12,132.93
FEES FOR SERVICES 826.88
Total: 826.88
Bank total: 417,028.82
Total vouchers : 417,028.82
Page: 9
102
vchlist
09/23/2024
Bank code:
Voucher
211949
211979
6:16:19PM
apbank
Check List-FY 2023-24
City of Lynwood
Page: 10
Date Vendor Invoice PO# Description/Account Amount
10/1/2024 008845 LYNWOOD MARLINS SWIM TEAM 008845-Quarter 4 10/1/2024 007860 THE PUN GROUP, LLP 114699 02-002676
PROF & CONTRACTUAL SERVICES
Total:
PROF & CONTRACTUAL SERVICE
7,684.50
7,684.50
16,000.00
Total: 16,000.00
Page: 10
103
vchlist Check List - FY 2024-25 Page: 11
09/23/2024 6:16:19PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 211896 10/1/2024 000743 ADMINISTRATIVE SVCS. CO-OP 240709 08-005294 PROF & CONTRACTUAL SERVICES 13,069.25 240833 08-005294 PROF & CONTRACTUAL SERVICES 13,319.75
Total: 26,389.00
211897 10/1/2024 013931 AETNA RESOURCES FOR LIVING E0328103 FEES FOR SERVICES 218.23 Total: 218.23
211898 10/1/2024 010067 ALL AMERICAN ASPHALT 010067-3 06-010155 PROF & CONTRACTUAL SERVICES 492,987.96 Total: 492,987.96
211899 10/1/2024 007439 ALL CITY MANAGEMENT SVCS, INC. 95104 11-002333 PROF & CONTRACTUAL SERVICES 17,056.42 Total: 17,056.42
211900 10/1/2024 013497 ALTA LANGUAGE SERVICES, INC IS738361 FEES FOR SERVICES 110.00 Total: 110.00
211901 10/1/2024 013738 AMAZON CAPITAL SERVICES INC 1J63-L61L-7LC4 OPERATING SUPPLIES 22.04 Total: 22.04
211902 10/1/2024 013522 AMN MANAGEMENT, INC 30 06-010280 PROF & CONTRACTUAL SERVICES 22,165.00 Total: 22,165.00
211903 10/1/2024 011094 AM-TEC TOTAL SECURITY, INC. 637184 06-010190 FEES FOR SERVICES 162.00 637258 06-010190 FEES FOR SERVICES 65.85
Total: 227.85
211904 10/1/2024 004986 BIOMETRICS4ALL, INC COLYN0123 FEES FOR SERVICES 9.00 Total: 9.00
211905 10/1/2024 008015 BRAVO SIGN & DESIGN INC. 008015-3 06-010166 PROF & CONTRACTUAL SERVICES 182,400.00 Total: 182,400.00
211906 10/1/2024 000300 BUBBS HARDWARE 283 06-010224 SUPPLIES EXPENSE 50.24 Total: 50.24
211907 10/1/2024 013105 CALIFORNIA STREET LIGHTING 1189 06-010286 PROF & CONTRACTUAL SERVICES 6,050.00 Page: 11
104
vchlist Check List - FY 2024-25 Page: 12
09/23/2024 6:16:19PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 211907 10/1/2024 013105 013105 CALIFORNIA STREET LIGHTING (Continued) Total: 6,050.00 211908 10/1/2024 007782 CAMACHO, GABRIELA 007782-103124 ELECTRONIC/MEDIA-AUTO EXPENSE 500.00 Total: 500.00
211909 10/1/2024 009302 CHESSER, CHRISTINE 009302-091424 FEES FOR SERVICES 300.00 Total: 300.00
211910 10/1/2024 002319 CINDY'S JUMPERS 86419 08-005296 RENTAL EXPENSE-EVENT 535.00 Total: 535.00
211911 10/1/2024 000702 CINTAS DOCUMENT MANAGEMENT 8406957401 05-001988 FEES FOR SERVICES 870.98 8407005781 05-001988 FEES FOR SERVICES 870.98
Total: 1,741.96
211912 10/1/2024 003372 CITY OF LYNWOOD 003372-080724 RENTAL EXPENSE 644.00 003372-091724 RENT AL EXPENSE 626.00
003372-092024 RENTAL EXPENSE 455.00
Total: 1,725.00
211913 10/1/2024 001571 CLINICAL LAB OF SAN BERNARDINO 2401341-LYN01 06-010191 FEES FOR SERVICES 810.00 Total: 810.00
211914 10/1/2024 013725 CRAFTWATER ENGINEERING, INC. 21-058-17 06-009812 PROF & CONTRACTUAL SERVICES 22,115.47 21-058-20 06-009812 PROF & CONTRACTUAL SERVICES 37,433.10 Total: 59,548.57
211915 10/1/2024 000305 CULLIGAN 1955129 06-010193 WATER SERVICE FEE 81.52 Total: 81.52
211916 10/1/2024 000138 DAILY JOURNAL CORPORATION 83847882 11-002341 PUBLICATION SERVICES 260.00 83847886 11-002341 PUBLICATION SERVICES 250.00
83847894 11-002341 PUBLICATION SERVICES 255.00
83847898 11-002341 PUBLICATION SERVICES 260.00
83847899 11-002341 PUBLICATION SERVICES 260.00
Total: 1,285.00
211917 10/1/2024 014269 DBX INC 014269-3 06-010171 PROF & CONTRACTUAL SERVICES 249,742.84 Page: 12
105
vchlist Check List - FY 2024-25 Page: 13
09/23/2024 6:16:19PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 211917 10/1/2024 014269 014269 DBX INC (Continued) Total : 249,742.84 211918 10/1/2024 013884 DIAZ, JORGE 013884-091024 COMMISSIONER STIPEND 50.00 Total: 50.00
211919 10/1/2024 001987 DISTRICT OF SOUTHERN CALIF., WATER 2405-T22-019 06-010194 PROF & CONTRACTUAL SERVICES 11,004.00 Total: 11,004.00
211920 10/1/2024 013973 ENTERPRISE FM TRUST FBN5129893 06-010277 PROF & CONTRACTUAL SERVICES 29,430.56 Total : 29,430.56
211921 10/1/2024 013881 FAGEN FRIEDMAN & FULFROST LLP 222228 PROF & CONTRACTUAL SERVICES 29.50 Total: 29.50
211922 10/1/2024 003334 FED EX 3270654575 FEES FOR SERVICES 79.17 Total: 79.17
211923 10/1/2024 003334 FED EX 8-592-80193 FEES FOR SERVICES 9.39 8-606-77337 FEES FOR SERVICES 13.12
Total: 22.51
211924 10/1/2024 001393 FERGUSON ENTERPRISES, INC. 4676525 06-010227 MATERIALS AND SUPPLIES 221.80 Total: 221.80
211925 10/1/2024 000003 FIRST CHOICE SERVICES 843655 06-010195 FEES FOR SERVICES 31.30 844966 01-001835 FEES FOR SERVICES 426.85
Total: 458.15
211926 10/1/2024 006902 FULMORE, DENNIS 006902-091424 FEES FOR SERVICES 300.00 Total: 300.00
211927 10/1/2024 004425 FUN EXPRESS. LLC 732440771-01 08-005302 SUPPLIES EXPENSE 3,328.26 Total : 3,328.26
211928 10/1/2024 003983 GALLS QUARTERMASTER 028779549 11-002342 UNIFORM EXPENSE 239.19 028917254 11-002342 UNIFORM EXPENSE 38.59
Total: 277.78
Page: 13
106
vchlist Check List - FY 2024-25 Page: 14
09/23/2024 6:16:19PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# ·Description/Account Amount 211929 10/1/2024 013822 GARNETT, AINE 003032-0022 REFUND-SERVICE NOT PROVIDED 155.00 Total: 155.00
211930 10/1/2024 013694 GLOBAL URBAN STRATEGIES, INC 711 11-002334 PROF & CONTRACTUAL SERVICES 2,611 .05 712 11-002334 PROF & CONTRACTUAL SERVICES 1,850.00
Total: 4,461.05
211931 10/1/2024 014090 GRINDLINE SKATEPARKS,INC 6404 06-010117 PROF & CONTRACTUAL SERVICES 95,721.92 6423 06-010117 PROF & CONTRACTUAL SERVICES 178,723.92
Total: 274,445.84
211932 10/1/2024 000993 GRM INFORMATION MANAGEMENT 0510872-0510886 01-001841 PROF & CONTRACTUAL SERVICES 856.14 0512587 05-001989 PROF & CONTRACTUAL SERVICES 19.01
0512746 02-002687 PROF & CONTRACTUAL SERVICES 296.46
0512844 PROF & CONTRACTUAL SERVICES 208.51
Total: 1,380.12
211933 10/1/2024 014361 GRUPO UNION Y FUERZA 003000-0075 REFUND-SERVICE NOT PROVIDED 1,026.00 Total: 1,026.00
211934 10/1/2024 003338 HILLYARD-LOS ANGELES 605600676 06-010197 MAINTENANCE SERVICES 427.18 Total: 427.18
211935 10/1/2024 001681 HUMAN SERVICES ASSOCIATION 003122-0018 PROF & CONTRACTUAL SERVICES 100.00 08312425 08-005290 PROF & CONTRACTUAL SERVICES 3,362.50 Total: 3,462.50
211936 10/1/2024 000635 IDR ENVIRONMENTAL SERVICES 83514 06-010263 FEES FOR SERVICES 395.00 Total: 395.00
211937 10/1/2024 000353 INFOSEND, INC. 263463 02-002689 MAILING EXPENSE 4,770.48 265323 02-002689 MAILING EXPENSE 2,808.33
Total : 7,578.81
211938 10/1/2024 011853 IWATER,INC. 9982 06-010282 PROF & CONTRACTUAL SERVICES 141,225.00 9995 06-010282 PROF & CONTRACTUAL SERVICES 125,895.00
9996 06-010282 PROF & CONTRACTUAL SERVICES 163,905.00
Page : 14
107
vchlist Check List - FY 2024-25 Page: 15
09/23/2024 6:16:19PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 211938 10/1/2024 011853 011853 IWATER, INC. (Continued) Total: 431,025.00 211939 10/1/2024 005054 JJ KELLER & ASSOCIATES, INC. 9109408225 FEES FOR SERVICES 1,707.02 Total: 1,707.02
211940 10/1/2024 001269 JOHN L. HUNTER & ASSOCIATES LYN1MS422403 06-010278 PROF & CONTRACTUAL SERVICES 2,707.00 Total: 2,707.00
211941 10/1/2024 000001 KING FENCE, INC 51499 11-002335 OPERATING EXPENSE 4,088.92 Total: 4,088.92
211942 10/1/2024 014358 KING, TWJANA JEAN 002967-0009 REFUNDABLE DEPOSIT-EVENT 200.00 003015-0083 REFUND-SERVICE NOT PROVIDED 217.00
003042-0029 REFUND-SERVICE NOT PROVIDED 42.00
Total: 459.00
211943 10/1/2024 003331 L.A. COUNTY SHERIFF DEPT. 250342SS 01-001828 LA COUNTY SHERIFF 1,090,745.44 250343SS 01-001829 LA COUNTY SHERIFF 23,627.27
Total: 1,114,372.71
211944 10/1/2024 014077 LANDSCAPE DEVELOPMENT,INC, 9019853 06-010114 PROF & CONTRACTUAL SERVICES 70,642.00 Total: 70,642.00
211945 10/1/2024 000866 LEAD TECH ENVIRONMENTAL 16416 11-002344 FEES FOR SERVICES 760.00 16417 11-002344 FEES FOR SERVICES 895.00
Total: 1,655.00
211946 10/1/2024 000486 LIBERTY UTILITIES 002841-0002 PW PERMIT REFUNDABLE DEPOSIT 3,000.00 Total: 3,000.00
211947 10/1/2024 014362 LLOYD, JONELYN 003093-0070 REFUND-SERVICE NOT PROVIDED 296.00 Total : 296.00
211948 10/1/2024 007606 LOPEZ, JUAN 042 08-005307 EVENT SERVICE FEE 5,200.00 Total: 5,200.00
Page: 15
108
vchlist Check List - FY 2024-25 Page: 16
09/23/2024 6:16:19PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/ Account Amount 211950 10/1/2024 013395 M&C CONSTRUCTION GROUP INC 3147 06-009470 PROF & CONTRACTUAL SERVICES 30,000.00 3156 06-010073 PROF & CONTRACTUAL SERVICES 1,175.00
3156-1 06-009640 PROF & CONTRACTUAL SERVICES 625.00
Total: 31,800.00
211951 10/1/2024 002761 MARCO POWER EQUIPMENT 41212495 06-010234 SUPPLIES EXPENSE 165.38 41212496 06-010234 SUPPLIES EXPENSE 648.33
Total: 813.71
211952 10/1/2024 009602 MOORE, LORRAINE 009602-091024 COMMISSIONER STIPEND 50.00 Total: 50.00
211953 10/1/2024 008782 MSJ ACCESS INC 91073600 06-010199 FEES FOR SERVICES 381.39 91073646 06-010199 FEES FOR SERVICES 1,025.08
Total: 1,406.47
211954 10/1/2024 006134 M-TECHS PRINTER REPAIR INC 41438 FEES FOR SERVICES 772.50 Total: 772.50
211955 10/1/2024 007207 MUNI TEMPS 130466 03-000458 PROF & CONTRACTUAL SERVICES 1,580.00 130472 03-000458 PROF & CONTRACTUAL SERVICES 3,160.00
Total: 4,740.00
211956 10/1/2024 013721 MUNOZ-GUEVARA, JUAN 013721-103124 ELECTRONIC/MEDIA-AUTO EXPENSE 500.00 Total: 500.00
211957 10/1/2024 000475 NATIONWIDE ENVIRONMENTAL SVCS. 34256 06-010203 PROF & CONTRACTUAL SERVICES 1,959.86 34256-1 11-002336 PROF & CONTRACTUAL SERVICES 1,253.03
34281 06-010202 PROF & CONTRACTUAL SERVICES 8,469.12
Total: 11,682.01
211958 10/1/2024 011922 NORTH STAR LAND CARE 1601-855 06-010204 PROF & CONTRACTUAL SERVICES 23,860.00 1601-861 06-010204 PROF & CONTRACTUAL SERVICES 26,640.00 Total: 50,500.00
211959 10/1/2024 000078 ODP BUSINESS SOLUTIONS,LLC 377205770001 08-005292 SUPPLIES EXPENSE 1,380.37 Page: 16
109
vchlist Check List - FY 2024-25 Page: 17
09/23/2024 6:16:19PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 211959 10/1/2024 000078 ODP BUSINESS SOLUTIONS,LLC (Continued) 381446845001 11-002345 SUPPLIES EXPENSE 64.43
381722407001 06-010205 SUPPLIES EXPENSE 46.28
381740790001 06-010205 SUPPLIES EXPENSE 36.35
381923307001 11-002345 SUPPLIES EXPENSE 296.74
384787654001 08-005286 SUPPLIES EXPENSE 2,268.20
386554057001 11-002345 SUPPLIES EXPENSE 46.93
Total: 4,139.30
211960 10/1/2024 001214 OF PUBLIC WORKS, COUNTY OF L.A. RE-PW-2409090117 4 LABOR & EQUIPMENT CHARGES 3,204.12 RE-PW-24090901505 LABOR & EQUIPMENT CHARGES 577.94
RE-PW-24090901506 LABOR & EQUIPMENT CHARGES 2,185.58
Total: 5,967.64
211961 10/1/2024 010945 PETDATA, INC. 13339 11-002346 ANIMAL SERVICE EXPENSE 500.00 Total: 500.00
211962 10/1/2024 011457 PLANETBIDS, INC. 1023653 FEES FOR SERVICES 4,626.96 Total: 4,626.96
211963 10/1/2024 014360 PRECIADO, VERONICA 002669-0071 REFUNDABLE DEPOSIT-EVENT 400.00 Total: 400.00
211964 10/1/2024 006281 PROFESSIONAL SECURITY, IN000133460 08-005304 PROF & CONTRACTUAL SERVICES 4,658.78 IN000134142 08-005304 PROF & CONTRACTUAL SERVICES 9,916.76 Total: 14,575.54
211965 10/1/2024 001313 QUINONEZ , MARIA 001313-103124 ELECTRONIC/MEDIA-AUTO EXPENSE 500.00 Total: 500.00
211966 10/1/2024 005067 ROADLINE 20394 06-010242 SUPPLIES EXPENSE 1,152.11 Total: 1,152.11
211967 10/1/2024 001364 ROMERO, DIANA 001364-091324 REIMBURSEMENTS-SUPPLIES 347.16 Total: 347.16
211968 10/1/2024 008805 RPW SERVICES, INC. 41003 06-010243 FEES FOR SERVICES 1,800.00 Page: 17
110
vchlist Check List - FY 2024-25 Page: 18
09/23/2024 6:16:19PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 211968 10/1/2024 008805 008805 RPW SERVICES, INC. (Continued) Total: 1,800.00 211969 10/1/2024 008006 SAFEGUARD BUSINESS SYSTEMS 9005519541 SUPPLIES EXPENSE 198.51 Total: 198.51
211970 10/1/2024 004056 SANCHEZ-SALAZAR, DANIEL 004056-091024 COMMISSIONER STIPEND 50.00 Total : 50.00
211971 10/1/2024 014359 SHOCKLEY, BRENDA J 003111-0015 REFUND-SERVICE NOT PROVIDED 222.00 003111-0016 REFUNDABLE DEPOSIT-EVENT 150.00
Total: 372.00
211972 10/1/2024 008668 SOLACHE, JOSE LUIS 008668-103124 ELECTRONIC/MEDIA AND AUTO 500.00 Total: 500.00
211973 10/1/2024 012692 SOTO, RITA 012692-103124 ELECTRONIC/MEDIA AND AUTO 500.00 Total: 500.00
211974 10/1/2024 008956 SPCALA 202408 11-002348 ANIMAL SERVICE EXPENSE 34,560.00 Total: 34,560.00
211975 10/1/2024 000929 SWARCO MCCAIN.INC INV0282025 06-010245 PROF & CONTRACTUAL SERVICES 6,162.43 Total: 6,162.43
211976 10/1/2024 014029 TANAKA FARMS, LLC 2024-020 EVENT SERVICE FEE 1,980.00 Total: 1,980.00
211977 10/1/2024 013215 THE HOME DEPOT PRO SUPPLY WORK 824521579 06-010210 SUPPLIES EXPENSE 2,414.48 Total: 2,414.48
211978 10/1/2024 013215 THE HOME DEPOT PRO SUPPLY WORK 823764352 06-010188 SUPPLIES EXPENSE 365.20 823774807 06-010188 SUPPLIES EXPENSE 603.51
824572705 06-010188 SUPPLIES EXPENSE 41.16
824579171 06-010188 SUPPLIES EXPENSE 1,095.60
824602635 06-010188 SUPPLIES EXPENSE 41.33
825092588 06-010188 SUPPLIES EXPENSE 249.50
Total: 2,396.30
Page: 18
111
vchlist
09/23/2024
Bank code:
Voucher
211980
211981
211982
211983
211984
211985
211986
211987
6:16:19PM
apbank
Date Vendor
10/1/2024 011353 THORNTON , JOHN
10/1/2024 010066 TRI-WEST MECHANICAL , INC.
10/1/2024 013487 TRUSAIC
10/1/2024 003001 TYLER TECHNOLOGIES, INC.
10/1/2024 007742 ULINE, INC.
10/1/2024 009742 UNIFIRST CORPORATION
10/1/2024 004013 WALTERS WHOLESALE ELECTRIC CO
10/1/2024 002912 WATERLINE TECHNOLOGIES,INC
Check List - FY 2024-25
City of Lynwood
Invoice
011353-082924
12526
12527
CINV-037626
045-476570
182896972
2190228038
2190228039
2190228040
2190228041
2190228042
2190231018
2190231019
2190231020
2190231021
2190231022
S126199702.003
S 126199702.004
5706334
5706336
5706339
Page: 19
PO# Description/Account Amount -------
REIMBURSEMENT FOR TUTION 1,500.00
Total: 1,500.00
06-010274 REPAIRS AND MAINT EXPENSE 380.00
06-010274 REPAIRS AND MAINT EXPENSE 1,290.00
Total: 1,670.00
05-001987 FEES FOR SERVICES 1,432.22
Total: 1,432.22
12-000482 PROF & CONTRACTUAL SERVICES 18,115.64
Total: 18,115.64
06-010247 SUPPLIES EXPENSE 213.83
Total : 213.83
06-010212 UNIFORM SERVICE AND SUPPLIES 68.56
06-010212 UNIFORM SERVICE AND SUPPLIES 67.51
06-010212 UNIFORM SERVICE AND SUPPLIES 141.73
06-010212 UNIFORM SERVICE AND SUPPLIES 96.40
06-010212 UNIFORM SERVICE AND SUPPLIES 125.92
06-010212 UNIFORM SERVICE AND SUPPLIES 182.50
06-010212 UNIFORM SERVICE AND SUPPLIES 67.51
06-010212 UNIFORM SERVICE AND SUPPLIES 352.38
06-010212 UNIFORM SERVICE AND SUPPLIES 96.40
06-010212 UNIFORM SERVICE AND SUPPLIES 125.92
Total: 1,324.83
06-010213 ELECTRICAL SUPPLIES 140.23
06-010213 ELECTRICAL SUPPLIES 770.88
Total: 911.11
06-010185 OPERATING SUPPLIES 337.37
06-010185 OPERATING SUPPLIES 897.39
06-010185 OPERATING SUPPLIES 421.71
Page: 19
112
vchlist
09/23/2024
Bank code:
Voucher
211987
211988
211989
6:16:19PM
apbank
Date Vendor
10/1/2024 002912 WATERLINE TECHNOLOGIES,INC
10/1/2024 001522 WECK LABORATORIES, INC.
10/1/2024 013287 WINSTAR DONUTS
94 Vouchers for bank code :
94 Vouchers in this report
apbank
Check List - FY 2024-25
City of Lynwood
Invoice
(Continued)
5707417
5707418
5707424
W4I0196
307371
Page: 20
PO# Description/Account Amount
06-010185 OPERATING SUPPLIES 337.37
06-010185 OPERATING SUPPLIES 573.52
06-010185 OPERATING SUPPLIES 910.89
Total: 3,478.25
06-010186 FEES FOR SERVICES 120.00
Total: 120.00
OPFICE EXPENSE 166.73
Total: 166.73
Bank total: 3,275,665.74
Total vouchers : 3,275,665.74
Page: 20
113
AGENDA STAFF REPORT
DATE:
October
1, 2024
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Julian Lee, Interim City Manager
PREPARED BY:
Maria Quinonez, City Clerk
China Oseguera, Assistant to the City Clerk
Nancy Blinzler, Office Assistant
SUBJECT:
PREVIOUS MEETING MINUTES
Agenda Item # 9.2.
Recommendation:
Staff recommends that the Lynwood City Council approve the following meeting action minutes:
September 17, 2024 Regular Meeting and Closed Session Regular Meeting Action Minutes
Background:
N/A
Discussion and Analysis:
N/A
Fiscal Impact:
N/A
Coordinated With:
N/A
ATTACHMENTS:
Description
City Council City Council Regular Meeting 114
CC - 09.17.24 - CITY COUNCIL REG. MTG. MINUTES - SUBMITTED 10.01.24 - Draft - nb.pdf
CC - 09.17.24 - CLOSED SESSION REG. MTG. MINUTES - SUBMITTED 10.01.24- co.pdf
City Council City Council Regular Meeting 115
Lynwood City Council Regular Meeting
September 17, 2024
Action Minutes
01. CALL TO ORDER
The City Council Regular Meeting of the City of Lynwood met in the Council Chambers, 11350 Bullis Road Lynwood, CA 90262 on the above date at 6:00 p.m. An audio recording of this meeting is available on the City's Web Portal: Audio (laserfiche.com) .
Meeting called to order at 6:00 p.m.
Mayor Solache presiding.
02. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
City Clerk Quiňonez, announced the Agenda had been duly posted in accordance with the Brown Act.
03. ROLL CALL OF COUNCIL MEMBERS
PRESENT: COUNCIL MEMBERS CAMACHO, FLORES, MUÑOZ-GUEVARA,
MAYOR PRO TEM SOTO AND MAYOR SOLACHE
ABSENT: NONE
STAFF PRESENT:
Interim City Manager Lee, City Attorney Tapia, City Treasure Cuellar, City Clerk Quiňonez, Community Development Director Linares, Human Resources Director Matson, Interim Public Works Director Ansari, Recreation Director Flores and Technology Director Han.
04. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by the Lynwood Sheriff’s Explorers Color Guard.
05. INVOCATION
The invocation was offered by City Clerk Quiňonez.
06. PRESENTATIONS/PROCLAMATIONS
• Kid Mayors of June, July, August, and September.
• Update on Law Enforcement Issues – New Captain announced. • City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)). • City Videos – Spanish Heritage Month - Ms. Vargas.
07. COUNCIL RECESS TO:
Lynwood Utility Authority
MOTION: It was moved by Mayor Pro Tem Soto, seconded by Council member Camacho to recess to the Lynwood Utility Authority at 6:35 p.m. Motion carried by the following 5/0 vote.
116
ROLL CALL:
AYES: MEMBERS CAMACHO, FLORES, MUÑOZ-GUEVARA, VICE
PRESIDENT SOTO AND PRESIDENT SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Lynwood Public Financing Authority
MOTION: It was moved by Member Camacho, seconded by Vice President Soto to recess to the Lynwood Public Financing Agency at 6:37 p.m. Motion carried by the following 5/0 vote.
ROLL CALL:
AYES: MEMBERS CAMACHO, FLORES, MUÑOZ-GUEVARA, VICE
PRESIDENT SOTO AND PRESIDENT SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
The City Council reconvened to the regular City Council meeting at 6:38 p.m.
NON -AGENDA PUBLIC ORAL COMMUNICATIONS
Mr. Medal provided a written comment Juan Bautista and Ana Barraza address Council
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NONE
Consent Calendar
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 be removed from the Consent Calendar for separate action.
City Manager Lee requested that item 09.03 be continued to the next meeting, Council Member Munoz-Guevara requested item numbers 09.06 and 09.09 be pulled for separate consideration.
MOTION: It was moved by Council Member Camacho, seconded by Mayor Pro Tem Soto to approve the balance of the consent calendar. Motion carried by the following 5/0 vote:
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, FLORES, MUÑOZ-GUEVARA,
MAYOR PRO TEM SOTO AND MAYOR SOLACHE
NOES: NONE
117
ABSTAIN: NONE
ABSENT: NONE
09.01. APPROVAL OF THE WARRANT REGISTER
Approved and Adopted RESOLUTION NO. 2024.107
ENTITLED: A RESOLUTION OF THE CITY OF LYNWOOD CITY COUNCIL APPROVING THE WARRANT REGISTER DATED FEBRUARY 6, 2024.
09.02. PREVIOUS MEETING ACTION MINUTES
Approved Action Meeting Minutes for June 04, 2024 Regular Meeting and Closed Session Regular Meeting Action Minutes; June 22, 2024 Closed Session Special Meeting Action Minutes; June 26, 2024 Special Meeting and Closed Session Special Meeting Action Minutes; July 02, 2024 Regular Meeting and Closed Session Action Minutes; July 16, 2024 Regular Meeting and Closed Session Regular Meeting Action Minutes; August 06, 2024 Regular Meeting Action Minutes; August 06, 2024 - August 07, 2024 Continuation Meeting Action Minutes; August 07, 2024 Special Meeting and Special Meeting Closed Session Action Minutes; August 20,
09.03. TREASURER'S STATEMENT OF INVESTMENT POLICY
Continued to Next Meeting
09.04. BUDGET AMENDMENT TO APPROPRIATE FUNDS TO ARPA FUND FOR
CONTINUATION OF PROGRAMS
Approved and Adopted RESOLUTION NO. 2024.108
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
APPROPRIATING FUNDS FROM THE UNAPPROPRIATED AMERICAN RESCUE PLAN ACT (ARPA) FUND IN THE AMOUNT OF $733,198 TO COVER ANTICIPATED EXPENSES DURING FISCAL YEAR 2024/2025.
09.05. DIGITAL EQUITY COMPETITIVE GRANT PROGRAM LETTER OF COMMITMENT AND COUNCIL AUTHORIZATION TO PROVIDE A 10% MATCH OF CASH OR IN- KIND CONTRIBUTIONS OR $42,560 ON A GRANT TOTAL OF $425,596 FROM THE
GENERAL FUND
Approved and Adopted RESOLUTION NO. 2024.109 AND LETTER OF
COMMITMENT WITH LOS ANGELS COUNTY- INTERNAL
SERVICES DEPARTMENT
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE CITY MANAGER TO SIGN A DIGITAL EQUITY COMPETITIVE
GRANT PROGRAM LETTER OF COMMITMENT IN PARTNERSHIP WITH THE
COUNTY OF LOS ANGELES - INTERNAL SERVICES DEPARTMENT AND COUNCIL 118
AUTHORIZATION TO PROVIDE A 10% MATCH OF CASH OR IN- KIND CONTRIBUTIONS OR $42,560 ON A GRANT TOTAL OF $425,596 FROM THE
GENERAL FUND, IF AWARDED, APPROVED AS TO FORM BY THE CITY ATTORNEY
09.06. APPROVE DMC ENGINEERING INC, TO PROVIDE CONSULTING SERVICES TO PREPARE AN UPDATE OF THE AMERICA’S WATER INFRASTRUCTURE ACT (AWIA), RISK AND RESILIENCY ASSESSMENT (RRA), AND EMERGENCY RESPONSE PLAN (ERP) FOR A TOTAL AMOUNT OF $74,000.00
MOTION: It was moved by Council Member Camacho, seconded by Mayor Pro Tem Soto to approve the item. Motion carried by fol lowing 5/0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, FLORES, MUÑOZ-GUEVARA,
MAYOR PRO TEM SOTO AND MAYOR SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Approved and Adopted RESOLUTION NO. 2024.110 AND AGREEMENT WITH DMC ENGINEERING INC.
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING DMC ENGINEERING INC, TO PROVIDE CONSULTING SERVICES TO PREPARE AN UPDATE OF THE AMERICA’S WATER INFRASTRUCTURE ACT (AWIA), RISK AND RESILIENCY ASSESSMENT (RRA), AND EMERGENCY RESPONSE PLAN (ERP) FOR A TOTAL AMOUNT OF $74,000.00
09.07. PROJECT ACCEPTANCE FOR THE PRIORITY 2 STREET IMPROVEMENT PROJECT PHASE 2B (CIP NO. 4011.68.123)
Approved and Adopted RESOLUTION NO. 2024.111
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE PRIORITY 2 STREET IMPROVEMENT PROJECT PHASE 2B CIP NO. 4011.68.123 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.
09.08. APPROVAL OF FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH CRAFTWATER ENGINEERING, INC. FOR THE LYNWOOD CITY PARK STORMWATER CAPTURE PROJECT (CIP NO. 4011.68.112).
Approved and Adopted RESOLUTION 2024.112 AND FIRST AMENDMENT WITH CRAFTWATER ENGINEERING, INC.
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CRAFTWATER ENGINEERING, INC. FORTHE LYNWOOD CITY 119
PARK STORMWATER CAPTURE PROJECT (CIP NO. 4011.68.112).
09.09. APPROVAL OF STRIPING DESIGN AND AUTHORIZATION TO PREPARE
CONSTRUCTION DRAWINGS AND SOLICIT BIDS FOR THE AVENUE STRIPING
DESIGN AND AUTHORIZATION TO PREPARE CONSTRUCTION DRAWINGS AND SOLICIT BIDS FOR THE AGNES STRIPING PROJECT, FY 2024-2025 (CIP PROJECT NO. 2350|2352.68.145).
MOTION: It was moved by Council Member Camacho, seconded by Council Member Munoz-Guevara to approve the item. Motion carried by fol lowing 5/0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, FLORES, MUÑOZ-GUEVARA,
MAYOR PRO TEM SOTO AND MAYOR SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Approved and Adopted RESOLUTION NO. 2024.113
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING THE AGNES AVENUE STRIPING DESIGN AND AUTHORIZATION TO
PREPARE CONSTRUCTION DRAWINGS AND SOLICIT BIDS FOR THE AGNES STRIPING PROJECT, FY 2024-2025 (CIP PROJECT NO. 2350|2352.68.145).
09.10. APPROVAL OF FIFTH AMENDMENT TO CONTRACT WITH WATERWORKS TECHNOLOGY, INC. FOR CONTINUING TO PROVIDE INTERIM MANAGEMENT OF
THE WATER AND SEWER OPERATIONS AND CAPITAL IMPROVEMENT
PROJECTS FOR AN ADDITIONAL FOUR MONTHS; AUTHORIZING THE CITY
MANAGER TO APPROVE AGREEMENT AMENDMENTS RELATED TO THE
AGREEMENTS
Approved and Adopted RESOLUTION NO. 2024.114 AND FIFTH AMENDMENT WITH WATERWORKS TECHNOLOGY, INC.
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING A FIFTH AMENDMENT TO THE AGREEMENT WITH WATERWORKS TECHNOLOGY, INC. FOR THE INTERI M MANAGEMENT OF THE WATER AND
SEWER OPERATIONS AND CAPITAL IMPROVEMENT PROJECTS FOR AN ADDITIONAL FOUR MONTHS; AUTHORIZING THE CITY MANAGER TO APPROVE AGREEMENT AMENDMENTS RELATED TO THE AGREEMENTS.
New/Old Business
10.01. DESIGNATION OF VOTING DELEGATE AND ALTERNATE(S) TO THE 2024
LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE
MOTION: It was moved by Council Member Flores, seconded by Mayor Pro Tem Soto to approve the appointments of Mayor Pro Tem Soto as the Delegate and Council Member Flores as the Alternate Delegate. Motion carried by fol lowing 5/0 vote. 120
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, FLORES, MUÑOZ-GUEVARA,
MAYOR PRO TEM SOTO AND MAYOR SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Delegate Approval DELEGATE MAYOR PRO TEM RITA SOTO AND
ALTERNATE DELEGATE COUNCIL MEMBER OSCAR
FLORES
10.02. REVIEW OF BOARDS AND COMMISSIONS LOCAL APPOINTMENT LIST No Action Taken
10.03. SECOND READING AND ADOPTION OF ORDINANCE NO. 1782 READING BY TITLE ONLY AND WAIVE FULL READING OF ORDINANCE 1782
MOTION: It was moved by Council Member Flores, seconded by Council Member Munoz-Guevara to approve the ordinance. Motion carried by fol lowing 5/0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, FLORES, MUÑOZ-GUEVARA,
MAYOR PRO TEM SOTO AND MAYOR SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Approved and Adopted ORDINANCE 1782
ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING THE LYNWOOD
MUNICIPAL CODE TO IMPLEMENT MINISTERIAL REVIEW OF AFFORDABLE
HOUSING PROJECTS ON HOUSING ELEMENT SITES TO IMPLEMENT THE LYNWOODGENERAL PLAN 2021-2029 HOUSING ELEMENT
ADJOURNMENT
At 7:26 p.m., Mayor Solache and Council Member Munoz-Guevara requested the meeting to be adjourned in memory of Councilman Sal vador Alatorre and it was moved by Council Member Munoz-Guevara, seconded by Mayor Pro Tem Soto to adjourn the Regular Lynwood City Council Meeting.
Maria Quiňonez, City Clerk José Luis Solache, Mayor
121
Lynwood City Council Regular Meeting Closed Session
September 17, 2024
Action Minutes
01. CALL TO ORDER
The City Council Regular Meeting Closed Session of the City of Lynwood met in the Council Chambers, 11350 Bullis Road Lynwood, CA 90262 on the above date at 6:00 p.m. An audio recording of this meeting is available on the City's Web Portal:
Audio (laserfiche.com).
Meeting called to order at 5:00 p.m.
Mayor Solache presiding.
02. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
City Clerk Quinonez announced the Agenda had been duly posted in accordance with the Brown Act.
03. ROLL CALL OF COUNCIL MEMBERS
PRESENT: COUNCIL MEMBERS CAMACHO, FLORES, MUNOZ-GUEVARA,
MAYOR PRO TEM SOTO AND MAYOR SOLACHE
ABSENT: NONE
STAFF PRESENT:
Interim City Manager Lee, City Attorney Tapia, City Clerk Quinonez,
PUBLIC ORAL COMMUNICATIONS
NONE
CLOSED SESSION
MOTION: It was moved by Council Member Camacho, seconded by Mayor Pro Tem Soto to recess to closed session. Motion carried by 5/0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, FLORES, MUNOZ-GUEVARA,
MAYOR PRO TEM SOTO AND MAYOR SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
The City Attorney read the City Council into closed session.
122
04. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION AND
ANTICIPATED LITIGATION
A. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION - Government Code section 54956.9(d)(1)
1. Name of Case: Vanessa Gonzalez v. City of Lynwood, Case No. 21STCV46359
B. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.9:
CONFERENCE WITH LEGAL COUNSEL –
ANTICIPATED LITIGATION; Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9:
Number of Cases: One (1)
The City Attorney reported on the following item out of closed session:
With all five (5) members of the City Council being present, City staff made a presentation, council provided direction, and there was no reportable action.
ADJOURNMENT
At 6:13 p.m., it was moved by Mayor Pro Tem Soto, seconded by Council Member Munoz-Guevara to adjourn the Regular Lynwood City Council Closed Session Meeting.
Maria Quiňonez, City Clerk José Luis Solache, Mayor
/CO
123
AGENDA STAFF REPORT
DATE:
October
1, 2024
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Julian Lee, Interim City Manager
PREPARED BY:
Gabriel Linares, Director Community Development
Anel Zarate, Administrative Assistant
SUBJECT:
APPROVAL OF SPECIAL EVENT– ALEGRIA BROTHERS INC., dba
CIRCUS ALEGRIA
Agenda Item # 9.3.
Recommendation:
Staff recommends that the City Council approve a Special Event for Alegria Brothers Inc., dba Circus Alegria for the operation at 3000 East Imperial Highway from October 17, 2024 through November 5, 2024, contingent upon the payment of all required fees. Specific event activities are as follows.
Background:
The City has received a Special Event Application from Alegria Brothers Inc., dba Circus Alegria for the operation of Circus Alegria at 3000 East Imperial Highway beginning October 17, 2024 through November 5, 2024. This event will include only performance under the tent.
There will be no animal acts at this circus.
According to Chapter 4 “Licensing and Business Regulations” of the Lynwood Municipal Code, there are a number of activities that require a “special permit” from the City Council before approval of the Special Event Application. One of those events is a circus.
City Council City Council Regular Meeting 124
Event Setup: October 7, 2024
Actual Event: October 17, 2024 through November 4, 2024 Event Cleanup: November 5, 2024
Discussion and Analysis:
The City Council has the right to approve or deny a Special Event. If a Special Event is approved, the City Council has the right to impose reasonable restrictions or limitations to preserve public peace, safety/welfare, or which will tend to protect the life and property of others.
In reviewing the Special Event Application submitted by Alegria Brothers, Inc., dba Circus Alegria, all required documentation was provided to staff, which is described below. In addition, the application was circulated and approved by all relevant departments.
Detailed description of the event (parking site)
Detailed site plan identifying parking location
Written permission from the property owner
Fire Department clearance
Sheriff Department clearance
Insurance policy
Bond documents
In-house Security
Pursuant to the Master Fee Schedule, Alegria Brothers Inc., dba Circus Alegria will be required to pay a number of event fees, which are described below and total $7,027.00 approximately.
Filling Flat Fee: $30.00
License Fee: ($200 per day 19 days total) $3,800.00
Fire Clearance Fee: ($85 per day 19 days total) $1,615.00 Building Permit Flat Fee: $82.00
Expedite Fee: $1,500
Prior to final approval of the Special Event Application, the City’s Building Inspector will inspect the facilities for compliance with all required building permits.
City Council City Council Regular Meeting 125
Special Application for Alegria Brothers, Inc, dba Circus Alegria.pdf Resolution - Alegria_Brother_Inc._dba_Circus_Alegria 2024.docx Fiscal Impact:
The total estimated revenue created by the proposed event is approximately $7,027.00 Coordinated With:
N/A
ATTACHMENTS:
Description
City Council City Council Regular Meeting 126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
RESOLUTION NO.-------
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING
THE ALEGRIA BROTHERS, INC. dba CIRCUS ALEGRIA EVENT FOR October 17, 2024 – November 5, 2024
WHEREAS, a request has been made by the Alegria Brothers, Inc. dba Circus Alegria to operate a circus on vacant property located at the Southwest Corner of Beechwood Avenue and State Street, further described as 3000 East Imperial Highway and Assessor's Parcel Number 6169-003-017; and
WHEREAS, the purpose is to provide a tent show to the residents of Lynwood.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:
Section 1. The City Council approves the special event to allow Alegria Brothers, Inc. dba Circus Alegria to operate from October 17, 2024 through November 5, 2024
Section 2. The City Council further finds that all City and County laws and regulations must be obeyed and complied with during all activities of the event including but not limited to the following:
a) The applicant shall have in place, and shall provide to all of its appropriate agents and employees, an emergency evacuation plan to be reviewed and approved for the event by the Los Angeles County Fire Department and Los Angeles County Sheriff's Department.
b) All exterior circus area, and the like shall be subject to permit application and inspection by the Building Division prior to commencement of the event.
All tents and temporary structures shall comply with Chapter 24 of the 2019 International Fire Code. Code requirements for separation of tents and other structures shall be observed.
c) All temporary power hook-ups or connections shall be approved by the Building Division prior to commencement of the event.
d) The applicant shall have a sufficient number of restrooms/portable toilet facilities, in locations that comply with barrier free requirements. All portable toilet facilities shall be regularly cleaned, and shall remain in a sanitary condition throughout the entire event, with additional cleanings required depending on attendance at the event. Temporary water supplies shall be in accordance with Los Angeles County Health Department standards. 145
e) Emergency access to all areas of the property shall be maintained throughout the entire event.
f) The applicant shall secure from the Building Division the appropriate occupant load for the facility, including the temporary tent and/or seating areas. Such occupancy load shall not be exceeded during the event. g) The Applicant shall post "No Event Parking" signs along the entire length of Beechwood Avenue, from State Street to Fernwood Avenue. Said signs shall be posted in locations as determined by the City's Public Safety Manager from October 17, 2024 through November 5, 2024.
Section 3. The Mayor is authorized to execute this Resolution for and on behalf of the City of Lynwood.
Section 4. This Resolution shall be effective 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.
PASSED, APPROVED AND ADOPTED this 1st day of October 2024. ________________________________
Jose Luis Solache, Mayor
ATTEST:
_______________________________
Maria Quinonez, City Clerk
APPROVED AS TO FORM APPROVED AT TO CONTENT
_______________________________ ________________________________ Noel Tapia, City Attorney Julian Lee, Interim City Manager 146
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the _______ day of __________, 2024, and passed by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated.
Dated this _______ day of ___________, 2024.
147
AGENDA STAFF REPORT
DATE:
October
1, 2024
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Julian Lee, Interim City Manager
PREPARED BY:
Gabriel Linares, Director of Community Development
SUBJECT:
APPROVAL OF A HOUSING ASSISTANCE PROGRAM (HAP) FUNDED
WITH PERMANENT LOCAL HOUSING ALLOCATION (PLHA) GRANT
FUNDS
Agenda Item # 9.4.
Recommendation:
Staff recommends that the City Council approve a r
esolution of the City Council of the City of
Lynwood, approving the
Housing Assistance Program (HAP) funded with Permanent Local Housing Allocation (PLHA) grant funds.
Background:
In September 2017, the California Legislature approved Senate Bill 2 (SB 2), known as the Building Homes and Jobs Act (Act), which established a $75 recording fee on real estate documents to increase the supply of affordable housing. The Act establishes the Permanent Local Housing Allocation (PLHA) program administered by the California Department of Housing and Community Development (HCD). The PLHA provides a permanent source of funding to cities and counties to help meet the unmet need for affordable housing and increase the supply of affordable housing units. HCD released its first Notice of Funding Availability for these funds on February 26, 2020. The city was allocated $631,387 in its first year of funding.
The primary goal of the PLHA program is to create a permanent source of funding available to eligible local governments in California for housing-related projects and programs to address unmet housing needs in their local communities. In order to receive PLHA funds, the City is required to submit a PLHA Plan (Plan) detailing the manner in which allocated funds will be City Council City Council Regular Meeting 148
used; a description of how the Plan is consistent with the programs set forth in the City's Housing Element; and evidence that the Plan was authorized and adopted by resolution by the City Council and that the public had an adequate opportunity to review and comment on its content.
On August 4, 2020, the City Council adopted a five-year plan approving the funds to target individuals and households experiencing homelessness by either using the funds towards land cost and construction of an emergency shelter or utilizing a City-owned facility to develop the emergency shelter. On December 12, 2022, the City Council approved amendment to the 5- year plan to utilize the funds to better meet the needs of the City and target individuals and households experiencing financial hardships. As such, it revised its funding allocation plan from an Emergency Shelter to a defined, short-term housing Rental Assistance Program.
Discussion and Analysis:
The City of Lynwood Housing Assistance Program (HAP) will provide rental assistance grants to income-eligible households residing in the City of Lynwood.
HAP grants are rental payments made on behalf of an income-eligible household for a minimum term of six (6) months and a maximum term of 12 months, to assist residents with affording decent, safe, and sanitary housing.
Eligibility
Eligible households must meet all of the following criteria:
1 .
Reside in the City of Lynwood.
2 .
Annual household income does not exceed the California 2024 Income Limits established "Extremely Low Income" limits not exceeding 30% AMI*. Household income eligibility is based on the following three (3) factors:
a
.
Unit size;
b
.
The total number of persons residing in the household; and, c
.
The total amount of the annual household income (regardless of relationship). 3 .
Current residential lease agreement.
4 .
Must be a renter and unit must be the primary place of residence. 5 .
Rental assistance must be applied to current or future rent and cannot be applied to rental arrears.
6 .
Submit all required documents.
7 .
Completed W-9 form from bona fide landlord/property management agent or company. 8 .
Signed Program Participation-Payment Acceptance form from bona fide landlord/property management agent or company.
City Council City Council Regular Meeting 149
PHLA Housing Program - 10.1.24 Reso.docx
* Income must be at or below 30% AMI. Rental assistance is only allowable under PLHA Activity 6 which is intended to assist persons who are experiencing or at risk of homelessness.
Use of PLHA Funds
Permanent Local Housing Allocation (PLHA) funds will be used to make monthly rental assistance payments on behalf of income-eligible households. Monthly rental assistance will be provided for a minimum term of six (6) months and maximum term of twelve (12) months and functions similarly to housing vouchers. Renters shall pay a minimum of 30% of their income towards rent. The City of Lynwood will subsidize the difference in rent for an amount not to exceed $2,000.
Housing Assistance
Housing assistance includes:
a
.
Rental Payment made on behalf of eligible household to landlord/property management agent or company in a reasonable amount determined by the city for a minimum term of six (6) months and a maximum term of 12 months. Renters shall pay a minimum of 30% of their income towards rent. The City of Lynwood will subsidize the difference in rent for an amount not to exceed $2,000.
b
.
The City of Lynwood will determine a payment standard that is the amount generally needed to rent a moderately-priced dwelling unit in the local housing market and that will be used to calculate the amount of housing assistance a household will receive. c
.
The payment standard does not limit and does not affect the amount of rent a landlord may charge or the household may pay.
d
.
A household which receives rental assistance can select a unit with a rent that is below or above the payment standard. However, Renters shall pay a minimum of 30% of their income towards rent. The City of Lynwood will subsidize the difference in rent for an amount not to exceed $2,000. If the unit rent is greater than the provided subsidy, the household is required to pay the additional amount.
Fiscal Impact:
PLHA funds have been budgeted for Fiscal Year 24/25 and received for implementation of the program for a total amount of $631,387. There is no impact to the City’s General Fund.
Coordinated With:
City Manager's Office
ATTACHMENTS:
Description
City Council City Council Regular Meeting 150
RESOLUTION NO. XXXX-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, APPROVING
THE HOUSING ASSISTANCE PROGRAM (HAP) FUNDED WITH PERMANENT
LOCAL HOUSING ALLOCATION (PHLA) GRANT FUNDS
WHEREAS, in September 2017, the California Legislature approved Senate Bill 2 (SB 2), known as the Building Homes and Jobs Act (Act}, which established a $75 recording fee on real estate documents to increase the supply of affordable housing, and; WHEREAS, the Act establishes the Permanent Local Housing Allocation (PLHA) program administered by the California Department of Housing and Community Development (HCD), and;
WHEREAS, HCD released its first Notice of Funding Availability for these funds on February 26, 2020 and the city was allocated $631,387 in its first year of funding, and; WHEREAS, on August 4, 2020, the City Council adopted a five-year plan approving the funds to target individuals and households experiencing homelessness by either using the funds towards land cost and construction of an emergency shelter or utilizing a City-owned facility to develop the emergency shelter, and;
WHEREAS, on December 12, 2022, the City Council approved an amendment to the 5-year plan to utilize the funds to better meet the needs of the City and target individuals and households experiencing financial hardships by revising its funding allocation plan from an Emergency Shelter to a defined, short-term housing Rental Assistance Program.
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. The City Council approves the implementation of a Housing Assistance Program (HAP) funded with Permanent Local Housing Allocation (PHLA) grant funds.
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.
151
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lynwood, California, this 1st day of October 2024. ________________________________
José Luis Solache, Mayor
ATTEST:
________________________________
Maria Quiñonez,
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
________________________________ ________________________________ Noel Tapia, Julian Lee,
City Attorney Interim City Manager
152
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, Maria Quiňonez, 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 1st day of October 2024.
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________ Date: ______________________ Maria Quiňonez,
City Clerk
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, Maria Qui ňonez, 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 1st day of October 2024.
_______________________ Date: ______________________
Maria Quiňonez,
City Clerk
153
AGENDA STAFF REPORT
DATE:
October
1, 2024
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Julian Lee, Interim City Manager
PREPARED BY:
Ahmad Ansari, Public Works Oversight
Cassandra Gamboa, Assistant Administrative Analyst
SUBJECT:
SALE OF CITY SURPLUS VEHICLES AND EQUIPMENT
Agenda Item # 9.5.
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING
CERTAIN CITY OWNED VEHICLES AND EQUIPMENT AS SURPLUS PROPERTY AND
AUTHORIZING STAFF TO DISPOSE OF SURPLUS PROPERTYTHROUGH PUBLIC AUCTION SITE GOVDEALS FOR CURRENT AND FUTURE AUCTIONS.” Background:
The purpose of this item is to declare 25 vehicles and equipment and machinery in the City’s inventory as surplus property and to dispose of the surplus property through GovDeals. The vehicles and equipment listed are non-operational, obsolete, and are no longer being used.
Discussion and Analysis:
Lynwood Municipal Code section 6-3.13 provides that “personal property of the City which has been determined by the City Council to be surplus to the needs of the City may be sold by the purchasing officer either in the form of a trade in for credit against the purchase of new personal property similar in character or through public sale which shall be noticed and City Council City Council Regular Meeting 154
constructed in the manner deemed most appropriate by the purchasing officer”.
Staff has identified various City vehicles and equipment that can be declared as surplus (Attachment A). The vehicles and equipment are currently being stored at the City Armory lot and the Public Works Yard. Staff has evaluated the conditions of the vehicles and equipment and recommends the disposal of the vehicles through a public auction.
Previously, the City retained the services of professional auctioneering companies to dispose of surplus property. These companies provide a turn-key operation to cities, counties, utility companies and other agencies. The company schedules, monitors, and conducts the auction as well as scheduling pick-up of vehicles and equipment.
Staff contacted three auctioneering companies (listed below) about auctioning services and reviewed them based on fees, auction availability, auction requirements, and flexibility.
Auction Company
1 GovDeals
2 Enterprise
3 Proxibid
Staff recommends that the City use GovDeals as the auctioning agency for the sale of any and all City property determined as surplus. GovDeals is dedicated to assisting Government agencies with surplus disposition and does not charge a fee to utilize their services. GovDeals makes a profit from such sales by charging the buyer a fee rather than charging the seller.
Thus, allowing all revenue generated from the highest bid amount to go directly to the seller.
Furthermore, staff contacted several Government agencies that have worked with GovDeals, and received positive feedback about this auctioning agency. GovDeals provided an Online Auction Memo of Understanding (Attachment B). Enterprise and Proxibid have certain requirements that must be met and/or fees to be paid in order to utilize their services. Through GovDeals, staff can sell the surplus property as is and do not have to meet any requirements to sell through their agency.
Fiscal Impact:
There is no cost to the City to use GovDeals. The revenue generated from the sale of the surplus City Property will depend on the highest bidding price per vehicle and equipment. The City Council City Council Regular Meeting 155
10-1-24 List of Surplus Vehicles and Equipment.pdf
10-1-24 GovDeals Online Auction Memo of Understanding.pdf Resolution - City_Surplus_and_Obsolete_Vehicles 2024.docx estimated revenue to be generated from this auction is between $50,000 to $75,000. Such revenue will be deposited into fund 7071.71.36101.
Coordinated With:
City Manager’s Office
City Attorney’s O
ffice
Department of Finance and Administration Services
ATTACHMENTS:
Description
City Council City Council Regular Meeting 156
1 List of Surplus Vehicles and Equipment
Department Fleet # Year License Plate # Vehicle Identification # Make Model 1 Building
Maintenance
64 2007 1165273 IGTCS19E478107446 GMC Canyon
2 Street 03-13 2013 1386631 1FTFW1CV9AFD04948 Ford Ford F-150 3 Engineering 27 2000 1064770 1FMNU4250YED83870 Ford Excursion 4 Water 51 2001 1048925 3B6MC36W01M558309 Dodge Ram 3500 crane trk
5 Water 50 2001 1048926 3B6MC36W71M558310 Dodge Ram 3500 valve trk
6 Water 66 2007 1237860 1GTCS19E878136366 GMC Canyon
Truck
7 Water 29 2000 1064772 3B7KC26Z51M283205 Dodge Ram 2500 pickup
8 Water 26 2000 1064763 3B7KC26Z21M283209 Dodge Ram 2500 pickup
9 Code Enforcement 02-02 2012 1379754 1FTMF1CM7CKD25547 Ford Ford F-150 10 Grounds Div. 03-09 2013 1400351 1FTMF1CM1DKD55306 Ford Ford F-150 XL
11 Grounds Div. 03-11 2013 1396781 1FTMF1CM5DKD55308 Ford Ford F-150 XL
12 Code Enforcement 02-04-
SCE
2013 1396945 1FADP3E26DL164260 Ford Focus S
Sedan
13 Parking
Enforcement
06-03-
SPE
2013 1396723 3FADP4AJ8DM107916 Ford Fiesta S
Sedan
14 Parking
Enforcement
03-06SE 2012 1379753 1FAHP3E29CL321392 Ford Ford Focus
15 Parking
Enforcement
06-04-
SPE
2013 1396724 3FADP4AJ6DM141207 Ford Fiesta S
Sedan
157
2 16 Parking
Enforcement
06-
02SPE
2012 1379792 1FAHP3E2XCL279363 Ford Ford Focus
17 Business License 07-02-
SCC
2013 1407456 3FADP4AJ5DM156152 Ford Fiesta S
Sedan
18 Parking
Enforcement
62 2008 1165270 1GTCS19E978107118 GMC Canyon
19 Code Enforcement 17 2000 1064760 3B7KC26Z0IM283211 Dodge Ram 2500 pickup
20 Parking
Enforcement
EV-0006 2017 1514731 1N4BZ0CP8HC305074 Nissan Leaf
21 Planning 02-01SP 2012 1379712 1FAHP3E2XCL290489 Ford Ford Focus 22 Parking
Enforcement
EV-0005 2017 1514730 1N4BZ0CP3HC304902 Nissan Leaf
23 Parking
Enforcement
06-
01SPE
2012 1379791 1FAHP3E2XCL301913 Ford Ford Focus
24 Recreation 617 2000 1048895 1GJHG39R3Y1209121 GMC Savanna Passenger
Van
25 Traffic & Lighting 70 2007 1189346 1GDL7C1G97F420560 GMC Truck w/ Crane
158
3 Equipment Quantity
1 generator 2
2 chainsaw 1
3 backpack blower 2
4 weed eater with engine 3
5 battery blower 1
6 hedge trimmer 1
7 vacuum applicator with motor 1
8 hoses 2
9 propane heater 1
10 hand blower 1
11 plotter printers (10299 & 11383) 2
159
4 Industrial Power Generator
MAKE Quantity Serial # Model #
1 Onsite Energy 1 330352-1-1-0411 DS00250D6SPAH1574
2 Cummins 1 D120331579 DSHAB-A042N795
3 Cummins 1 D140671245 DQDAA-1404080
4 Cummins 1 D120331578 DSHAB-A042N795
160
GovDeals Memo of Understanding – V14 3.21.2023 1
Liquidity Services Operations LLC dba
GovDeals
Online Auction Memo of Understanding
This Online Auction Memo of Understanding (MOU) is between Liquidity Services Operations LLC dba GovDeals , a Delaware corporation having its principal place of business at 100 Capitol Commerce Boulevard - Suite 110 - Montgomery, Alabama, 36117 and the City of Lynwood (“Client”), having its principal place of business at 11330 Bullis R oad – Lynwood, California 90262.
1.0 Description of Services : GovDeals provides a means for Client to post ass ets for sale and for potential buyers to bid on these assets via an online auction system. Although GovDeals provides system access for Client to list assets, GovDeals is not a party to the actual sale and has no control over the list ed information or the ability of the buyer and Client to complete the transaction.
2.0 GovDeals’ Responsibilities: In addition to maintaining and operating an online auction system, GovDeals will provide Client with the following services for the period agreed to in 5.0 below:
2.1 Access to a GovDeals online “ Seller Asset Management ” ( SAM), which will allow Client to load assets to the online auction system, maintain information about assets and view and run reports. The SAM will provide Client with the following capabilities:
• Accept descriptive information concerning an asset including unlimited photos • Allow different auction phases based upon dates and times • Allow Client to set minimum starting prices, bid increments and reserves
2.2 Training and support servic es to assist Client in implementing the GovDeals online auction system, which will include:
• Familiarization with the nature and operation of SAM
• Guidance in the posting of assets and provide ongoing support • Procedures for taking and posting pictures of assets
• Based on mutual agreement between GovDeals and Client, training and support services will be provided on-site or via telephone or Internet
2.3 Help Desk support available via telephone or email during normal business hours, except announced holidays.
2.4 Provide marketing o f assets posted to the online auction site and promote use of the site to potential buyers.
• Work with Client to identify items that may benefit from marketing attention. • Provide documented proof of all marketing efforts made on behalf of Client. • Assist in determining values and starting prices for unique and high value assets.
3.0 Fees: The Client pays 0% and the winning bidder pays a 12.50% Buyers Premium.
4.0 Payment:
4.1 GovDeals will collect auction proceeds electronically via PayPal, credit card or wire transfer please review and complete Exhibit A.
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GovDeals Memo of Understanding – V14 3.21.2023 2
4.2 Client shall promptly, but no more than fifteen (15) business days after the auction end date, notify GovDeals of any transaction that was not completed. The fees for said transaction shall be credited to Client during the next invoice period.
5.0 Term of MOU: This MOU shall commence on the date it is signed by the second party and will continue for a period of twelve months unless otherwise terminated upon sixty days written noti ce by either party. This MOU shall automatically extend for additional one-year periods, unless either party notifies the other in writing of its intent not to renew at least sixty days prior to the anniversary date.
6.0 Terms and Conditions : Please find Exhibit B attached as an example of suggested Client Terms and Conditions . At any time during the term of this MOU, Client may modify the Terms and Conditions. Any substitutions or modification must be submitted to GovDeals in writing before posting assets to the GovDeals auction site.
7.0 Governance: This MOU will be governed, interpreted, construed and enforced in accordance with the laws of the State of California.
8.0 Non-Exclusive Engagement : This MOU is not exclusive. Client ma y utilize other approaches, i ncluding t raditional auctioneer se rvices or sealed bids. However, it is understood and agreed that Client will not utilize other disposal approaches for an asset at the same time the asset is listed on the GovDeals online auction site or sell by some other means to a prior bidder any item currently or previously listed on the GovDeals site for the purpose of avoiding payment of the GovDeals fee. Client agrees to not manipulate or interfere with the bidding process on the GovDeals site.
This online auction memo of understanding is agreed to by:
GovDeals Client: City of Lynwood
Signature: ___________________________ Signature: ___________________________
Print Name: __Scott Starcher___________ Print Name:__________________________
Title: Vice President of Operations Title: __________________________________
Date: __________________________________ Date: ___________________________________
Memo of Understanding Contact:
Attention: Sales Support
100 Capitol Commerce Blvd, Ste 110
Montgomery, AL 36117
Telephone Number: 866.377.1494
Fax Number: 334.387.0519
Email: [email protected]
162
GovDeals Memo of Understanding – V14 3.21.2023 3
EXHIBIT A - Online Auction Memo of Understanding
Financial Settlement Services (FSS)
It is understood the Client ele cts GovDeals to collect all proceeds due the Client from the winning bidder and remit the proceeds to the Client less the GovDeals fee
GovDeals will charge the winning bidder a “Buyer’s Premium”, therefore, the Client is not allowed to charge the winning bidder an additional “Buyer’s Premium”.
GovDeals will collect all proceeds from the winning bidder, including the “Buyer’s Premium” through PayPal, credit card or wire transfer. This is the only means of payment by the bidder.
The Client will not relea se an asset to the winning bidder until the Client has received verification from GovDeals that payment has been received from the winning bidder. Prior to an item being released to the winning bidder, the Cl ient will ensur e the winning bidder or his/her a gent has signed a “Bill of Sale” containing the following notation: “Asset is sold as is, where is and without warranty. Once the asset is removed from the seller's premises there is no refund of monies previ ously paid”. The Bill of Sale must be printed fr om the Seller Asset Management (SAM). Any other “Bill of Sale” used by the Client must be submitted to GovDeals for approval.
No proceeds will be remitted to the Client for any asset sold without verificati on of payment f rom GovDeals and verification from the Client the item has been picked up by the winning bidder. Approved payment from the winning bidder through PayPal, credit card or wire transfer will be noted in SAM. It is the Client’s responsibility to notify GovDe als when an item has been picked up, which is accomplished by the Client accessing SAM and selecting the “Picked Up” option from the “Paid, not picked up” report.
GovDeals will remit all proceeds collected, less the “Buyer’s Premium” and th e GovDeals fee to the Client on a weekly basis f or all assets marked in SAM as ‘Picked Up’. All proceeds will be remitted electronically by Automatic Clearing House (ACH) . A detailed backup will be submitted to the Client to support the amount remitted.
Under no circumstance will the Client collect any proceeds directly from the winning bidder and if requested to do so, the Client should refer the winning bidder directly to GovDeals for payment instructions.
GovDeals will absorb all costs of Charge Back s by PayPal or a cre dit card company where an it em is released to the winning bidder after the Client receives proper payment notification from GovDeals, GovDeals receives proper pickup notification from the Client and the Client obtained and retained a si gned “Bill of Sale” from the winning bidder.
GovDeals will refund proceeds collected to the winning bidder in those rare occasions where the winning bidder pays for an asset but never picks it up and subsequently convinces PayPal or the credit card company to withdraw the amount from GovDeals’ bank account. It is the Client’s responsibility to request a credit on the asset paid for but not picked up as soon as the allowable pick up time passes. By taking the credit, it insures GovDeals will not charge th e Client a fee and will allow the Client to resell the asset. If the asset is mistakenly placed in ‘picked up’ status by the Client and GovDeals has remitted payment, the Client agrees to refund this amount back to GovDeals.
A GovDeals’ Client Services R epresentative or a G ovDeals Help Desk Representa tive will train the Client on how to effectively use the Financial Settlement Services feature and provide ongoing support as needed.
There are no additional costs to the Client for training and support.
GovDeals is covere d by a Crime Insurance Policy wit h a limit of $5,000,000, which will protect the Client against any loss of funds.
163
GovDeals Memo of Understanding – V14 3.21.2023 4
Financial Settlement Services (FSS) Remittance Information
Please complete information below:
This section must be completed when submitting the signed MOU back to GovDeals, as this is where GovDeals Payments to the Client will be made.
Accounting Contact: _________________________________________ (Person to receive invoices) Name and Title
E-Mail Address: _________________________________________
Phone Number: _________________________________________
Please provide the required information:
Name of Bank
County of Bank
Name of Client: (Name on bank account)
Bank Routing Number
Bank Account Number
Checking/Savings
164
GovDeals Memo of Understanding – V14 3.21.2023 5
EXHIBIT B - Online Auction Memo of Understanding
City of Lynwood
Lynwood, California
Online Sales - Terms and Conditions
All bidders and other particip ants of this service agree they have read and fu lly understand these terms and agree to be bound thereby.
Guaranty Waiver. All assets are offered for sale “ AS IS, WHERE IS .” City of Lynwood (Seller) makes no warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the property offered for sale. The Buyer is not entitled to any payment for loss of profit or any other money damages – special, direct, indirect or consequential.
Description Warranty. Seller warrants to the Buyer the prop erty offered for sale will conform to its description. Any claim for misdescription must be made prior to removal of the property. If Seller confirms the property does not conform to the description, Seller will keep the property and refund any money paid. The liability of the Seller shall not exceed the actual purchase price of the property. Please note upon removal of the property, all sales are final.
Personal and Property Risk . Persons attending duri ng e xhibition, sale, or removal of goods assume all risks of damage of or loss to person and property and specifically release the Seller and GovDeals from liability therefore.
Consideration of Bid. Seller reserves the right to reject any and all bids and to withdraw from sale any of the assets listed at any time until the Seller has received payment in full for the assets and Buyer has removed the assets from the Seller's premises in their entirety.
Buyer’s Certificate. If applicable, successful bidders will receive a Buyer’s Certificate by email from GovDeals as their notice of award.
Buyer’s Premium & Additional Fees. If a Buyer’s Premium and/or Additional Fees are shown on the auction page Bid Box, then that amount (expressed as a percentage of the final selling price or a specified amount) will be added to the final selling price of all items in addition to any taxes imposed.
Payment. Payment in full is due not later than 5 business days from the time and date of the close of the auction. Please refer to the payment instructions listed on the auction page for complete payment terms and methods. Please refer to the Bid Box for all fees and taxes that may be associated with the auction.
State/Local Sales and/or Use Tax. Buyers may be subject to pa yment of State and/or local sales and/or use tax. Please review the Payment Instructions for all information related to Sales Tax and Tax Exemptions.
165
GovDeals Memo of Understanding – V14 3.21.2023 6
Removal. All assets must be removed within ten (10) business days from the time and date of the close o f th e auction. Purchases will be released only upon receipt of payment as specified.
Successful buyers are responsible for loading and removal of any and all property awarded to them from the place where the property is located as indicated on the websit e an d in the Bu yer’s Certificate. The Buyer wil l make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will Seller assume responsibility for packing, loading or shipping. See instructions on each auction page for complete removal details. A daily storage fee of $25.00 may be charged for any item not removed within the ten (10) business days allowed and stated on the Buyer’s Certificate.
Vehicle Titles. Seller will issue a title or ce rtificate upon removal of the veh icle. Titles may be subject to restrictions as indicated in the asset description on the website.
Approval. Some Auctions/Sales are subject to Seller approval prior to award to the high bidder.
Please re view the auctio n/sale pa ge for full terms of the sale and whether the final bid/sale is subject to approval.
Default. Default shall include (1) failure to observe these terms and conditions; (2) failure to make good and timely payment; or (3) failure to remove all asse ts within the specified time.
Default may result in termination of the contract and suspension from participation in all future sales until the default has been cured. If the Buyer fails in the performance of their obligations, Seller may exercise such r ights and may pursue such remedie s as are provided by law. Seller reserves the right to reclaim and resell all items not removed by the specified removal date.
Acceptance of Terms and Conditions. By submitting a bid, the bidder agrees the y have read, fully under stand and accept these T erms and Conditions, and agree to pay for and remove the property, by the dates and times specified. These Terms and Conditions are available for review in the bid box at the top of each page of each asset li sted on GovDeals. Specific Instructions (Payment, Removal, and Special) appearing on the asset page will override certain sections of these Terms and Conditions.
Sales to Employees. Employees of the Seller may bid on the property listed for auction, so l ong as they do NOT bid while on duty.
166
RESOLUTION NO.___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING
CERTAIN CITY OWNED VEHICLES AND EQUIPMENT AS SURPLUS PROPERTY
AND AUTHORIZING STAFF TO DISPOSE OF SUPRLUS PROPERTY THROUGH
PUBLIC AUCTION SITE GOVDEALS FOR CURRENT AND FUTURE AUCTIONS WHEREAS, it is the intent of the City to dispose of the surplus property through a public auction; and
WHEREAS, Staff has identified 25 vehicles as well as equipment and machinery currently in the City’s inventory that are non-operational, obsolete and are no longer being used; and
WHEREAS, the vehicles, equipment, and machinery can be declared as surplus; and
WHEREAS, the disposition of the vehicles and equipment declared as surplus under this Resolution is made under the discretion of the City’s Purchasing Officer pursuant to Lynwood Municipal Code Section 6-3.13.
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 that the above recitals are true and correct and incorporates them herein by this reference.
Section 2. That pursuant to Lynwood Municipal Code Section 6-3.13, the City Council declares certain city owned property (Attachment A) as surplus property.
Section 3. That the City’s Purchasing Office shall dispose of the surplus vehicles pursuant to Lynwood Municipal Code Section 6-3.13.
Section 4. That the public auction site, Govdeals will be used to auction off surplus property.
Section 5. That any items deemed unsellable will be disposed of properly.
Section 6. That the City Manager or his designee is authorized to appropriate and transfer any proceeds from the disposition to the account 7071.71.36101.
Section 7. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.
Section 8. This Resolution shall take effect immediately upon its adoption.
Section 9. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become 167
effective immediately upon its adoption.
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of Lynwood, California, this 1st of October. ________________________________
José Luis Solache, Mayor
ATTEST:
________________________________
Maria Quiñonez,
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
________________________________ ________________________________ Noel Tapia, Julian Lee,
City Attorney Interim City Manager
________________________________
Ahmad Ansari,
Public Works Oversight
168
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, Maria Quiňonez, 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 1st day of October 2024.
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________ Date: ______________________ Maria Quiňonez,
City Clerk
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, Maria Qui ňonez, 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. XXXX on file in my office and that said Resolution was adopted on the date and by the vote therein stated dated this 1st day of October 2024.
_______________________ Date: ______________________
Maria Quiňonez,
City Clerk
169
AGENDA STAFF REPORT
DATE:
October
1, 2024
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Julian Lee, Interim City Manager
PREPARED BY:
Ahmad Ansari, Public Works Oversight
SUBJECT:
PROJECT ACCEPTANCE FOR THE STREET IMPROVEMENT PROJECT
WRIGHT ROAD FROM FERNWOOD AVENUE TO DUNCAN AVENUE
STPL-5250(034) CIP PROJECT NO: 4011.67.911
Agenda Item # 9.6.
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING
WRIGHT ROAD STREET IMPROVEMENT PROJECT BETWEEN FERNWOOD AVENUE AND DUNCAN AVENUE PROJECT, FY 2023-2024 CIP PROJECT NO: 4011.67.911 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:
Wright Road, extending from Fernwood Avenue to Duncan Avenue, is a minor arterial street and a designated truck route in the City of Lynwood. Annually, the City receives Surface Transportation Program-Local (STPL) funding.
The Surface Transportation Program-Local
(STPL) is a federal funding initiative in the United States that provides financial support for various local transportation projects. It aims to improve and maintain the surface transportation system, including highways, roads, bridges, and transit facilities. STPL funding plays a vital role in supporting local transportation infrastructure, enabling communities to invest in projects that promote safety, accessibility, and efficient transportation systems.
In line with this requirement, City staff informed the Los Angeles County Metropolitan Authority of their intention to allocate $1,515,500 of STPL funds to the Wright Road Improvement Project (Project) under CIP No. 4011.67.911. On September 6, 2022, Caltrans issued a notification (E-76) authorizing the City to proceed with construction. However, due to a funding shortfall in Fiscal Year 22-23, there was a delay in initiating the bidding process. With the City Council City Council Regular Meeting 170
approved budget for Fiscal Year 23-24, the necessary funds for the Wright Road Street Improvement Project from Fernwood Avenue to Duncan Avenue (STPL-5250 (034)) were allocated and reserved.
On June 20, 2023, the City Council approved the plans and specifications for the Wright Road Improvement Project. Following this approval
, the Notice Inviting Bids was posted on the City’s
website (Planetbids) on June 21, 2023. The bid opening occurred on July 27, 2023.
Discussion and Analysis:
On September 19, 2023, the City awarded a construction contract for the Wright Road Improvement Project to Sequel Contractors, Inc., the lowest responsible bidder, for a total bid amount of $1,651,900. A Notice to Proceed was issued, marking the start of construction on January 8, 2024. Throughout the project, six (6) change orders were issued. The construction was completed on April 1, 2024.
Scope of Work:
The improvements consisted of, but were not limited to, street resurfacing, and partial replacement of concrete sidewalks, curb and gutters, driveway approaches, curb ramps, traffic signing and striping, sanitary sewer repairs, and Cured-In-Place Pipe (CIPP) lining.
Project Limit: Wright Road between Fernwood Avenue and Duncan Avenue.
Approved Budget:
The original contract amount with Sequel Contractors, Inc. was $1,651,900. During the construction phase, adjustments were made in the field to address discrepancies in the project’s working conditions, resulting in six (6) change orders. These change orders, which totaled a credit of $58,330.03, adjusted the final contract amount to $1,593,569.97.
Additionally, $112,152.00 was allocated for construction management and inspection services provided by Infrastructures Engineers, A Bowman Company, and $6,500.00 was spent on labor compliance tasks provided by Avant Garde Inc. Staff time for project management and related costs amounted to $52,653.25. The total cost of the project was $1,764,875.22, which City Council City Council Regular Meeting 171
is under the approved budget of $2,281,000.00.
Original Contract Amount
$1,651,900.00
(6) Change Orders
$(58,330.03)
Contract Management and Inspection
$112,152.00
Labor Compliance
$6,500.00
Project Management and other costs
$52,653.25
Total Cost of Project
$1,764,875.22
The project is now ready for acceptance by the City Council. Upon acceptance, staff will proceed to record the Notice of Completion with the County Recorder’s Office. Retention funds will be released 35 days following the project’s acceptance.
Fiscal Impact:
This CIP project no. 4011.67.911 had an approved FY 23-24 Budget of $2,281,000.00.
Surface Transportation Program-Local (STPL)
$1,514,364.00
Measure R FY23
$407,130.00
LUA 2020 Rev Bond FY23
$59,506.00
Measure M
$300,000.00
FY 23-24 Approved Budget
$2,281,000.00
No additional appropriation was needed.
Coordinated With:
City Manager’s Office
Department of Finance and Administration Services
ATTACHMENTS:
Description
City Council City Council Regular Meeting 172
10-1-2024 Wright Road Acceptance (Resolution) - PWD.docx Attachment A - Change Order list.pdf
City Council City Council Regular Meeting 173
1 RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING
WRIGHT ROAD STREET IMPROVEMENT PROJECT BETWEEN FERNWOOD AVENUE AND DUNCAN AVENUE PROJECT, FY 2023-2024 CIP PROJECT NO: 4011.67.911 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, Staff received approval to use Surface Transportation Program-Local funds to improve Wright Road from Fernwood Avenue to Duncan Avenue; and WHEREAS, the project consisted of street resurfacing, and partial replacement of concrete sidewalks, curbs and gutters, driveway approaches, curb ramps, traffic signing and striping, sanitary sewer repairs and Cured-In-Place Pipe (CIPP) lining; and WHEREAS, on September 19, 2023, Sequel Contractor Inc. was awarded a construction contact for the Wright Road Street Improvement Project between Fernwood Avenue and Duncan Avenue Project, FY 2023-2024 in the amount of $1,651,900; and WHEREAS, there were six (6) contract change orders issued throughout the project which totaled a deduction of $58,330.03; and
WHEREAS, the final date of construction was April 1, 2024, and all work was completed in accordance with the project plans and specifications; and WHEREAS, the total construction cost including change orders, project management, construction management, inspection, and other cost is $1,764,875.22; and WHEREAS, the total construction budget including appropriation was $2,281,000,00.
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 that the above recitals are true and correct and incorporates them herein by this reference.
Section 2. That the City Council of the City of Lynwood accepts the Wright Road Street Improvement Project between Fernwood Avenue and Duncan Avenue Project, FY 2023-2024 (CIP 4011.67.911) 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.
174
2 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. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
(Signatures on Next Page)
175
3 PASSED, APPROVED and ADOPTED this 1st day of October 2024.
José Luis Solache
Mayor
ATTEST:
Maria Quinonez
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Noel Tapia Julian Lee
City Attorney Interim City Manager
176
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 1 st day of October 2024, 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 1st day of October 2024.
Maria Quinonez, City Clerk
177
CONTRACT CHANGE ORDERS DESCRIPTION Unit of
Measure Quantity Total Amount
CCO1 C&G Discount LF 365 -$3,650.00
CCO 2 Project ID Signs LS 100% $2,835.40
CCO 3 T&M for Sewer Lining Installation LS 100% $6,445.42 CCO 4 Sequel T&Ms for temporary asphalt repairs LS 100% $41,989.67 CCO 5 Additional Striping at Louise & Wright Rd LS 100% $2,078.58 CCO 6 Bid Item Quanity Balancing LS 1 -$108,029.10
Total CCO -$58,330.03
Orignial Contract Amount $1,651,900.00
Contract Amount with Change Orders $1,593,569.97
WRIGHT ROAD STREET IMPROVEMENTS PROJECT CIP No. 4011.67.911
ATTACHMENT A
178
AGENDA STAFF REPORT
DATE:
October
1, 2024
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Julian Lee, Interim City Manager
PREPARED BY:
Ahmad Ansari, Public Works Oversight
SUBJECT:
AWARD OF CONTRACT TO ADVANCED AVANT GARDE
CORPORATION FOR LABOR COMPLIANCE, GRANT REPORTING AND
MANAGEMENT SERVICES FOR PUBLIC WORKS PROJECTS
Agenda Item # 9.7.
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A
CONTRACT TO ADVANCED AVANT GARDE CORPORATION FOR LABOR COMPLIANCE GRANT REPORTING & MANAGEMENT SERVICES FOR PUBLIC WORKS PROJECTS;
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT AND AUTHORIZING THE
CITY MANAGER TO APPROVE AGREEMENT AMENDMENTS RELATED TO THE AGREEMENT.”
Background:
Advanced Avant Garde Corporation has been providing labor compliance services for the City’s Capital Improvement Program (CIP). These services are an essential part in maintaining the City’s workflow Capital Improvement Project planning, coordination, and construction. The existing agreement is set to expire on September 30, 2024
On August 14, 2024, the City of Lynwood issued a formal Request for Proposals on the City’s website (Planetbids) for Labor Compliance Services for Public Works Projects. Subsequently, an addendum was released on August 16, 2024, expanding the scope of work to include Grant Reporting and Management Services.
Discussion and Analysis:
City Council City Council Regular Meeting 179
On September 10, 2024, staff received six (6) proposals from the following qualified firms:
Proposal
1. Advanced Avant Garde Corporation
2. Ardurra Group, Inc.
3. Cumming Construction Management
4. GCAP Services, Inc.
5. MNS Engineers, Inc.
6. Southstar Engineering & Consulting
The selection panel reviewed the proposals based on the following criteria:
Project Understanding and Approach
Firm Expertise and Experience
Proposed Project Team and Qualifications
References of the Proposer
Fee Proposal/Rate
After reviewing each proposal, the panel unanimously determined that Advanced Avant Garde Corporation has the best proposal for the requested scope of service. Advanced Avant Garde Corporation has the necessary experience, responsiveness, organization, communications, and specific services that best fit the City’s needs. Therefore, staff is recommending moving forward with Advanced Avant Garde Corporation for Labor Compliance, Grant Reporting and Management Services. With the selected consultant, the City will have the necessary services to continue its ongoing CIP workflow.
The scope of service consists of, but not limited to the following tasks:
1 .
Provide Davis-Bacon and/or State prevailing wage compliance monitoring. 2 .
Provide labor compliance and program management services during Pre-Bid/Bid Procedures, Pre-Construction Phase, Construction Phase, and Post Construction Phase.
3 .
Grant Reporting and Management Services.
Staff requests that the City Council approve an Agreement with Advanced Avant Garde Corporation for labor compliance, grant reporting and management services, for three (3) years with an additional two (2) “one-year” extension option. With the approved agreement, the consultant will commence with work on October 1, 2024 through June 30, 2027.
City Council City Council Regular Meeting 180
10-1-24 LC Award (Resolution) - PWD.docx
Avant-Garde - Proposal - 9.10.24 -Final w. addendum.pdf Avant- Garde - Lynwood - Fee Schedule.pdf
Resolution - Professional-Services-Agreement-Avant Garde Labor_Compliance_Services.docx
Fiscal Impact:
The compensation will be paid based on the selected consultant’s fee proposal from various Fiscal Year 2024-2027 funds such as CIP Project Accounts and General funds. No additional appropriation is needed at this time.
Coordinated With:
City Manager’s Office
Department of Finance and Administration Services
ATTACHMENTS:
Description
City Council City Council Regular Meeting 181
1 RESOLUTION NO. XXXX-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AWARDING A CONTRACT TO ADVANCED AVANT GARDE
CORPORATION FOR LABOR COMPLIANCE GRANT REPORTING &
MANAGEMENT SERVICES FOR PUBLIC WORKS PROJECTS;
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT AND
AUTHORIZING THE CITY MANAGER TO APPROVE AGREEMENT
AMENDMENTS RELATED TO THE AGREEMENT
WHEREAS, the City requires labor compliance services from a consultant in order to maintain the City’s workflow Capital Improvement Project planning, coordination, and construction; and
WHEREAS, the existing agreement is set to expire on September 30, 2024; and WHEREAS, on August 14, 2024, the City of Lynwood issued a formal Request for Proposals on the City’s website (Planetbids) for Labor Compliance Services for Public Works Projects; and
WHEREAS, on August 16, 2024, an addendum was released expanding the scope of work to include Grant Reporting and Management Services; and WHEREAS, on September 10, 2024, the proposal opening took place and a total of six (6) proposals were received from various qualified companies; and WHEREAS, Staff reviewed the proposal and feels confident with the proposed scope of work and pricing and recommends that City Council award a professional services agreement to Advanced Avant Garde Corporation; and
WHEREAS, Labor Compliance scope of service consist of providing Davis-Bacon and/or State prevailing wage compliance monitoring, Pre-Bid/Bid Procedures, Pre- Construction Phase, Construction Phase, and Post Construction Phase support, Grant Reporting and Management Services; and
WHEREAS, the Professional Services Agreement with Advanced Avant Garde Corporation will be for 3 years with an additional two (2) “one-year” possible extensions starting October 1, 2024.
WHEREAS, the compensation will be paid based on the selected consultant’s fee proposal from various Fiscal Year 2024-2027 funds such as CIP Project Accounts and General funds.
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 that the above recitals are true and correct and incorporates them herein by this reference. 182
2 Section 2. The City Council of the City of Lynwood authorizes the Mayor to execute the professional services agreement between the City of Lynwood and Advanced Avant Garde Corporation in a form approved by the City Attorney.
Section 3. The City Council of the City of Lynwood authorizes the City Manager to execute any amendments to the agreement with Advanced Avant Garde Corporation in a form approved by the City Attorney.
Section 4. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.
Section 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
Signatures on next page
183
3 PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of Lynwood, California, this 1st day of October 2024.
Jose Luis Solache
Mayor
ATTEST:
Maria Quinonez
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Noel Tapia Julian Lee
City Attorney Interim City Manager
184
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 1 st day of October 2024, 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. XXX on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 1st day of October 2024.
Maria Quinonez, City Clerk
185
PROPOSAL FOR:
GRANT ADMINISTRATION SERVICES
& LABOR COMPLIANCE SERVICES
FOR PUBLIC WORKS PROJECTS
CITY OF LYNWOOD
PREPARED FOR:
186
City of Lynwood 0 | Page
PROPOSAL FOR:
GRANT ADMINISTRATION SERVICES & LABOR COMPLIANCE
SERVICES FOR PUBLIC WORKS PROJECTS
Section I – Cover Letter ............................................................................................... 1 Section II – Firm Profile ............................................................................................... 3 Section III – Key Personal ............................................................................................ 5 Section IV – Relevant Experience ............................................................................... 12 Section V – Scope of Work ......................................................................................... 28 Section VI – Technical Approach ................................................................................ 33 Section VII – References ........................................................................................... 41
Table of Contents
187
City of Lynwood 1 | Page
PROPOSAL FOR:
GRANT ADMINISTRATION SERVICES & LABOR COMPLIANCE
SERVICES FOR PUBLIC WORKS PROJECTS
September 5,2024
City of Lynwood
Attn: Julian Lee, Interim City Manager
11330 Bullis Road
Lynwood, CA 90262
Subject: REQUEST FOR QUALIFICATIONS – Labor Compliance Services for Public Works Projects
It is with great pleasure that AVANT -GARDE submits its proposal to provide Administration and Support Services to the City of Lynwood including Grant Administration and Labor Compliance Services.
A 100% woman-owned firm, Advanced Avant-Garde Corporation was incorporated in September 2002 and our corporate office is located at 807 S Lemon Ave, Diamond Bar, CA 91789. AVANT - GARDE is a certified minority business enterprise, women business enterprise, disadvantaged business enterprise and small business enterprise (MBE, WBE, DBE, SBE).
AVANT-GARDE has built a strong reputation for providing innovative and successful solutions for several public agencies. We have a successful track record with several municipalities, including the Cities of Lynwood, El Monte, Temple City, Industry, Montebello, La Mirada, Perris, Bellflower, Cudahy, Bell Gardens, South Gate, La Puente, Pico Rivera, Hawaiian Gardens, Pasadena, Maywood, Alhambra, San Gabriel, Rosemead, South El Monte, Monterey Park, Commerce, Huntington Beach, Ve ntura, Ojai, Manhattan Beach, Norwalk, Moreno Valley, Rialto, LADOT, LADWP, and METRO. We offer the talents of some of the most skill ed grant writers, fund administrators and program managers in the industry, providing clients with innovative and cost- effective solutions on a wide variety of projects.
It has been AVANT-GARDE’s pleasure to work with the City of Lynwood since 2007, providing labor compliance, CIP management and grant administration for Public Works and Economic Development projects, as well as program management for the HOME and CDBG programs. Our understanding of the city makes AVANT -GARDE uniquely qualified to perform the labor compliance and grant administration services outlined in the Request for Qualifications (RFQ).
To provide exceptional services as outlined in the RFQ, we present a highly qualified and experienced team of program managers and coordinators each with years of experience in providing identical services to Cities throughout Southern California. We have assigned the firm principal, Lissette Montoya, to serve as the Project Representative. Ms. Montoya will oversee all assigned staff and will ensure successful administration of all activities. AVANT -GARDE I. Cover Letter
188
City of Lynwood 2 | Page
PROPOSAL FOR:
GRANT ADMINISTRATION SERVICES & LABOR COMPLIANCE
SERVICES FOR PUBLIC WORKS PROJECTS
understands and accepts the work to be done and commits itself to performing the work as scheduled.
I have read, understood, and agreed to all the statements in this Request for Qualifications. I acknowledge receipt and acceptance of all Addendums/Amendments. All information submitted with the proposal is true and correct. This proposal will remain valid for a period of not less than 90 days from the date of submittal.
Please contact me or Lissette Montoya, the firm’s principals, at (909) 895 -7146 or email [email protected] or [email protected] if there are any questions. We look forward to meeting with you to discuss our services and the opportunity to continue serving your community.
Thank you very much for your consideration.
Sincerely,
Ana Marie LeNoue
President/CEO
189
City of Lynwood 3 | Page
PROPOSAL FOR:
GRANT ADMINISTRATION SERVICES & LABOR COMPLIANCE
SERVICES FOR PUBLIC WORKS PROJECTS
AVANT-GARDE has built a strong reputation for providing innovative and successful solutions for a number of public agencies including the Cities of Lynwood , Temple City, Pasadena, Industry , Pico Rivera, La Mirada, La Puente, Hawaiian Gardens, El Monte , Bellflower, Montebello, Maywood, Perris, Cudahy, Bell Gardens, South Gate, Alhambra, Rosemead, San Gabriel, Monterey Park, South El Monte, Huntington Beach, Ventura, Ojai, Manhattan Beach, Norwalk, Rialto, Moreno Valley, LADWP, LADOT, and METRO. Our years of practice have resulted in a solid foundation of experience and technical expertise and a dedication to integrity, excellence, and quality. We are proud of our strong reputation in meeting aggressive schedules and our ability to multi-task to p rovide our clients specialized attention and service. Services offered by our firm include:
• Grant Writing and Administration
• Program Management
• Funding Administration
• Compliance Management including Labor Compliance
• Construction Coordination (Bid development, analysis, etc.) • Community Outreach
Advanced AVANT-GARDE Corporation was incorporated in September 2002 and our corporate office, from which services will be provided is located at 807 S Lemon Ave, Diamond Bar, CA 91789. AVANT-GARDE is a 100% woman -owned California Corporation. Furthermore, AVANT- GARDE is a certified minority business enterprise, women business enterprise, disadvantaged business enterprise and small business enterprise (MBE, WBE, DBE, SBE).
AVANT-GARDE's professional staff of 24 have a deep understanding of the various ways a single project can impact the entire organization and its desired growth and development. We believe in working as a team, leveraging our collective strengths to complement each other's efforts. This approach leads to the creation of options and services that best serve our clients' goals and objectives. Our extensive experience in serving municipalities has been marked by close attention to detail, a focus on meeting the specific needs of each client, and the prompt delivery of products, studies, and services.
AVANT-GARDE has successfully provided labor compliance services, grant research, grant writing, fund administration, compliance management, and community outreach for over twenty years. Our understanding of federal and state requirements, funding administration, and the complex diversity of Southern California make AVANT-GARDE uniquely qualified to: perform extensive research to identify and secure grants as an “on-call” consultant; deliver a variety of grants in the fields of park development, recreation, infrastructure, public safety, public health, planning and community development, historic preservation, visual and performing arts, education, and outreach; deliver reports and documents to see projects through from inception to conclusion or termination; and administer Federal, State and regional required submittals and reporting.
II. Firm Profile
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Currently, AVANT-GARDE is providing labor compliance , CIP management and/or funding administration services for more than 80 of Lynwood’s various construction projects. Our tasks include: quarterly reporting; preparation of project award submittals, close -out submittals, and processing reimbursement requests; coordination with project staff and Caltrans; attending pre- construction meetings to discuss federal prevailing wage requirements and postings; set ting up and maintaining Labor Standard Enforcement Files; reviewing contractor’s compliance with all state and federal required postings; conduct ing employee field interviews; reconcil ing weekly certified payroll reports and supporting documentation; identify ing violations and investigat ing complaints of underpayment to workers; and notify ing prime contractor in writing of any labor discrepancies or suspected violations and define the corrective actions to be taken.
AVANT-GARDE is currently providing the services requested in this RFP to several cities in urban Los Angeles County, San Bernardino County, Ventura County, Orange County, and Riverside County. Most agencies we serve have a long -standing relationship with us and trust our Team to provide these services on an ongoing basis . Our tenure with our clients has provided us with a wide range of experience on projects, ranging from $300,000 to $431 million and as many as 30 contractors on one project. The diversity of our proje cts has introduced the team to an equally wide range of funding agency requirements and objectives. Our team works with all key players in implementing a successful program, including city staff, engineers, construction managers, and agency project managers.
Litigation History
Please note that AVANT-GARDE does not have any pending or previous litigation that could affect the viability of our Statement of Qualifications, continuance of existing contracts, operation, or financial stability.
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SERVICES FOR PUBLIC WORKS PROJECTS
To provide exceptional grant administration services for the City of Lynwood, we present a highly qualified and experienced team of program managers and coordinators with years of experience in providing identical services to Cities throughout Southern California. All our team members listed herein have provided services to the City of Lynwood. We have assigned the firm principal, Lissette Montoya, to serve as the Project Representative. Ms. Montoya will o versee all assigned staff and will ensure successful administration of all services rendered under this contract as outlined in this proposal. AVANT-GARDE commits to the best of its ability that it will retain and use key employees as proposed.
SUMMARIZED RESUMES OF KEY STAFF
ANA MARIE LENOUE / PROGRAM DIRECTOR
Education/Credential
B.S. Business Management, University of Phoenix
Relevant Experience
Ms. LeNoue has over 30 years of experience in municipal services.
She currently serves as the President and CEO of AVANT-GARDE. Ms.
LeNoue is skilled in strategic budget planning, particularly with Capital Improvement Programs, and is known for effectively managing resources to deliver successful outcomes. She oversees the company's Community Outreach and Grants program, utilizing her expertise in marketing, public relations, and municipal project management to identify appropriate community outreach strategies, direct program implementation, and manage project outcomes. Additionally, she manages the Grant Program, ensuring proper resource allocation for research, development of grant opportunities, grant applications, and project development for various cli ents. Ms. LeNoue's understanding of municipal government and project management uniquely qualifies her to identify funding opportunities and project/program amenities that complement grant program goals and objectives, strengthening the potential success of grant applications. Ms. LeNoue is known for being a versatile, dynamic, results-oriented leader with a strong track record of performance in high-paced and challenging organizations. She utilizes keen analysis, insights, and a team approach to drive organizational improvements and implement sound practices. Her strong organizational and motivational skills, as well as her ability to resolve complex issues, make her a valuable asset in identifying new organizational opportunities. Ms. LeNoue is highly skilled in developing operational strategies and directing major marketing and service-related projects from conception through implementation.
With superior interpersonal skills and extensive administrative, operational, fiscal, and program management experience, she understands the political culture well. Ms. LeNoue's team brings a wealth of experience to the table, particularly in labor compliance, funding administration, grant III. Key Personnel
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writing, and project monitoring,. Their expertise ensures that secured funding is spent in accordance with the requirements of the funding agency and within specified timelines.
LISSETTE MONTOYA / PROGRAM DIRECTOR
Education/Credential
Master of Business Administration, California State Polytechnic University Pomona
B.S. Business Management, California State Polytechnic University Pomona
Relevant Experience
Ms. Montoya has more than 20 years of experience in project management, analysis, funding management, grant administration, and community outreach programs. She serves as the Vice - President and CFO of AVANT -GARDE. Her expertise includes identifying federal and state fund allocation balances, programming funds, and administering long -and-short range programs consistent with the economic capabilities of the City. Ms. Montoya directs the Program Management team to ensure that projects are developed in accordance with policy and procedural requirements, and she assists in determining eligible projects for various funding sources. She also manages development and capital improvement programs/projects from conception to completion. Ms. Montoya has helped various agencies in performing a variety of analyses and studies to identify State and Federal funding options. Additionally, she has experience in grant writing, project monitoring, labor compliance, and funding administration services. Her team has successfully m onitored federal and state funding for municipal agencies throughout Southern California and has secured over $532.4 million in funding for government agencies.
Ms. Montoya is experienced in strategic budget planning specifically with Capital Improvement Programs. Her relevant experience providing labor compliance services is included in AVANT - GARDE's full list of labor compliance projects provided in Section 4 – Project Experience.
NADINE EL SANKARI / PROGRAM DIRECTOR
Relevant Experience
Nadine El Sankari has expertise in managing federal and state - funded projects and program records. She ensures that cities develop their projects in compliance with policy and procedural requirements by providing funding administration. Ms. El Sankari is experienced in preparing documents according to the Local Assistance Procedures Manual for federally funded projects. Her 193
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responsibilities include processing project documentation to obtain Caltrans authorizations, handling quarterly reporting with Metro, assisting with reimbursement requests to Caltrans and Metro, and monitoring project expenditures. She is well -versed in th e Caltrans local assistance process and has experience in preparing and submitting agreements and project -related documents, tracking project expenditures, preparing Requests for Authorization to Proceed (RFA) for Engineering and Construction phases, completing all documents required by Caltrans Local Assistance, and coordinating with Caltrans, Metro, and City staff.
Ms. El Sankari’s relevant experience providing grant administration services is included in AVANT- GARDE’s projects provided in Section 4 – Project Experience.
MEGAN LENOUE / GRANT PROGRAM MANAGER
Education/Credential
B.A. Anthropology, Saint Mary’s College of California
Relevant Experience
Ms. LeNoue has ten years of experience in administrative and municipal program services and contract administration. Her experience includes grant research and writing, funding administration, project management and analysis, community outreach support, labor compliance monitoring, and construction management assistance. As a Program Manager, Ms.
LeNoue has served as a liaison to provide support on various projects. One of her pr imary responsibilities is assisting clients with preparing and administering pr ograms as required by federal and state funding agencies to ensure projects are developed in accordance with policy and procedural guidelines. Ms. LeNoue is proficient in preparing funding reimbursement requests and quarterly reporting through various agencies (FHWA, Metro, Caltrans, CalOES) for various multi-million-dollar projects. She assists clients in the successful administration of funding requirements and program management. Her responsibilities have included interfacing with Federal, State and Local Agencies to define, develop and manage project scopes, schedules, cooperative agreements, and overall project management to ensure projects are delivered on time and on schedule. Ms. LeNoue assists clients by identifying federal and state fund allocation balances, writing grant proposal applications, assisting in determining eligible projects, and providing advisement of program requirements. She oversees the development, completion, and administration of grant programs. Her resourcefulness and efficacy in working with our team of grant writers helps ensure a seamless process that results in qualitative work. Ms. LeNoue ensures proper delegation of tasks to the team of grant writers and ascertains grant assignments are completed in a timely manner. After assisting the City in developing a strong project plan that best meets the goals and objectives of the grant, Ms. LeNoue utilizes her grant writing skills to create narrative with clear, specific language which focuses the reviewer’s attention and increases the likelihood of funding the proposed project. Ms. LeNoue is adept at researching 194
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information to assist in her development of project narrative and building a strong argument for a competitive project.
KHRISTYNNE ARAMOUNI / LABOR COMPLIACE MANAGER
Education/Credential
B.A. Psychology, California State Polytechnic University Pomona Relevant Experience
Mrs. Khristynne Aramouni has more than 8 years of experience in Public Works and Labor Compliance services. She has extensive experience in the construction industry, focusing on prevailing wage and public works projects. Her responsibilities have included involvement in the bidding process, preparation of pre -construction documents, project and budget management, staff management, project closeout documentation, and compliance. At AVANT-GARDE, her role includes project management for Capital Improvement Pr ojects (CIP), Community Development Block Grant (CDBG) and Labor Compliance. Her responsibilities CIP program management, monitoring of files, reports, and important dates, and providing support as needed. Her labor compliance experience includes assisting various local agencies in conducting labor compliance on public works projects. Her tasks involve reviewing bid documents to ensure compliance with state and/or federal regulations, reviewing bid documents from contractors, coordinating pre-bid and pre-construction meetings, and providing ongoing project support until closeout.
City of Lynwood Relevant Experience
Mrs. Aramouni supports the City of Lynwood in managing their 5 -Year CIP program, which encompasses projects like Street Rehabilitation, Reconstruction, Slurry Seal, ADA Sidewalk Improvements, Traffic Signal Enhancements, Community Parks, and Bike Trails. Her role spans from the design and bid phases through construction until completion. Daily activities include reporting c onstruction progress to City Council members and Public Works staff, providing project updates, handling bid tabulations and award letters, preparing staff reports, resolutions, and PowerPoint presentations for monthly City Council meetings, and coordinati ng AD -HOC committee agendas with necessary documentation.
Mrs. Aramouni is fully dedicated to the City of Lynwood, offering support and information as needed at any time. She ensures that requested details are promptly provided and helps maintain the timely progress of Labor Compliance reviews across all projects.
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KEITH LENOUE / PROGRAM MANAGER
Education/Credential
Master of Business Administration, Azuza Pacific University B.A. Business Management, Azuza Pacific University
Relevant Experience
Mr. LeNoue has accumulated over six years of experience in administrative and municipal program services and contract administration. He supports clients by identifying federal and state fund allocation balances, helping to determine eligible projects, and providing guidance on program requirements. Mr. LeNoue is knowledgeable about issues affecting city governments and is developing expertise in contract administration. His responsibilities have included working with federal, state, and local agencies to define, develop, and manage project scopes, schedules, cooperative agreements, and overall project management to ensure timely delivery of projects.
Additionally, Mr. LeNoue oversees the preparation of documents in accordance with the Local Assistance Proce dures Manual for federally funded projects and aids in processing documentation for projects to obtain Caltrans authorizations and reimbursement requests.
SUMMER MANN – SR. PROGRAM COORDINATOR
Training/Certification
CA LTAP Certificate of Completion – Labor Compliance Course CA Prevailing Wage/Public Works Compliance Training – Center for Contract Compliance
2021 Section 3 Final Rule Training
David-Bacon Labor Standards
Prevailing Wage Seminar for Public Agencies – CA Labor Commissioner’s Office and Center for Contract Compliance Rail Safety and Wayside Worker Program Certified – METRO LCPtracker Training hosted by METRO
Relevant Experience
Ms. Mann has more than six years of experience in providing labor compliance services. She collaborates with project managers to act as a liaison and offer support on various labor compliance projects. She enforces labor compliance regulations by conducting on -site interviews of employees, calculating prevailing wages for job classifications and duties in line with State or Federal labor laws. Ms. Mann also works closely with project contractors to ensure timely delivery of all required documents. Moreover, she monitors contracts to ensure adherence to all applicable DBE and labor compliance requirements, prepares correspondence, conducts desk audits of compliance documents and contractor submittals, prepares management reports, issues non -compliance notices to ensure contractor compliance, and prepares close -out 196
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reports. Additionally, she assists in bid evaluations and participates in pre -bid and pre - construction conferences and meetings as needed to review contractor compliance obligations.
Ms. Mann’s relevant experience providing labor compliance services is included in AVANT - GARDE’s full list of labor compliance projects provided in Section 4 – Project Experience.
ASHLEY SANCHEZ / PROGRAM COORDINATOR
Training/Credential
LCP tracker Labor Compliance and Workforce Development California LTAP Labor Compliance
Center of Contract Compliance
Relevant Experience
Ms. Sanchez has over eight year of labor compliance experience. Her duties include enforcing labor compliance monitoring, audits, and enforces the state and federal with DIR accepted practices. Additionally, Ms. Sanchez performs on-site field interviews and coordinates with contractors/subcontractors on all projects to ensure compliance with California Labor Code regulations, Federal Davis -Bacon Act, Section 3 requirements, and all other applicable regulatory requirements. Moreover, part of Ms. Sanchez’s duty as a member of the Labor Compliance Team is to ensure proper legal measures are met with any discovered violations.
Labor compliance (prevailing wage) monitoring services performed include: Prepare and present labor compliance requirements at pre-bid and pre-construction meetings for contracts subject to the payment of prevailing wages; Respond to prevailing wage questions/concerns/matters that may arise from contractors and subcontractors; Collect and review weekly certified payroll and supporting payroll records (Statement of compliance, fringe benefit statements, and payroll deductions) submitted by prime and subcontr actors. Communicate with contractors to resolve discrepancies/inadequacies relative to CPR submittals. Audit contractor documents when applicable; determine the withhold amounts for unresolved issues. Visit projects to ensure the wages and Labor Compliance postings are posted and visible. Attend meetings at the project site as needed, including pre -bid meetings, pre -construction meetings and progress meetings .
Maintain files of working documents, including project interview and resolution paperwork .
Perform other duties as assigned.
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DAVID SANCHEZ / PROGRAM COORDINATOR
Training/Credential
Rail Safety and Wayside Woker - METRO
California LTAP Labor Compliance
NSPIRE Inspector Training Program
Relevant Experience
Mr. Sanchez conducts on-site field interviews and collaborates with contractors and subcontractors on all projects to guarantee compliance with California Labor Code regulations, the Federal Davis -Bacon Act, Section 3 requirements, and all other relevant regulations. In addition to this, part of Ms. Sanchez's responsibilities as a member of the Labor Compliance Team is to ensure that appropriate legal measures are taken in case of any discovered violations.
PATRICIA VERA / PROGRAM ASSISTANT
Relevant Experience
Ms. Vera has over 22 years of public agency administrative experience. As a Program Assistant, Ms. Vera works in conjunction with the project managers of the company and services as a liaison to provide support on various labor compliance projects. Her main responsibilities are auditing weekly payrolls, investigating violatio n findings and preparing non-compliance notices to effectuate contractors and provide follow-ups with contractors. Labor compliance (prevailing wage) monitoring services performed inclu de: Tasks she performs include: setting up and maintaining Labor Standards Enforcement Files for Prime and all subcontractors; conducting Employee Field Interviews; performing continuous and timely monitoring reviews of CPRs and related submissions for compliance; identifying labor deficiencies and preparing letters of findings; and notifying the prime contractor in writing of any labor discrepancies or suspected violations and defining the corrective actions to be taken all projects to guarantee compliance with California Labor Code regulations, the Federal Davis -Bacon Act, Section 3 requirements, and all other relevant regulations. In addition to this, part of Ms. Sanchez's responsibilities as a member of the Labor Compliance Team is to ensure that appropriate legal measures are taken in case of any discovered violations.
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ALYSSA MALDONADO / PROGRAM ASSISTANT
Education/Credential
B.A. English, Northwest University
A.A. Education, Iowa Western University
Relevant Experience
Ms. Maldonado, a new team member of AVANT -GARDE, brings her administrative skills to the Grant Administration team. Since joining AVANT-GARDE, her responsibilities include working closely with program managers to support clients in preparing documents in accordance with the Local Assistance Procedures Manual for federally funded projects. Additional responsibilities include tracking projects to ensure that all submittal documents are up to date, and assisting with preparing future submittals as needed. She also follows up on projects and requests information needed for documents.
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SERVICES FOR PUBLIC WORKS PROJECTS
The primary staff to be assigned to grant writing and administration services has over 4 0 years of experience and has secured over $ 532.4 million in competitive grant funds for local communities throughout Los Angeles, San Bernardino, Orange, and Riverside Counties The identified members of the AVANT-GARDE team of professionals have extremely successful records of achievement in providing grant research, grant application development, grant fund administration, project management, community outreach, and strategic planning to clients over the years, including successfully securing the following competitive grant funds on behalf of the agencies indicated. A complete list of grants that our Company has secured for our clients can be provided upon request.
AVANT-GARDE specializes in government funding and grant sources with requirements ranging from basic applications and documentation to competitive project submittals. We have extensive experience working with Regional Transportation Agencies as well as State and Federal Agencies administering the grant programs. We can assist in determining eligible projects, provide advisement of program requirements , and are available to prepare and administer the program as required by the funding agencies. Each member o f AVANT-GARDE’s staff has extensive experience administering projects similar to the Lynwood’s p rojects which use government funding and grant resources.
Grant Administration and Project Management Experience
City of Lynwood
AVANT-GARDE has been providing CIP management, funding
administration, and labor compliance services to the City of Lynwood since 2007. CIP management includes various key responsibilities, such as bid administration and project implementation. This involves assisting with the solicitation of project bids, evaluating them, managing contracts, and coordinating with contractors and stakeholders to ensure projects a re executed according to plan. It also includes providing administrative staff support, such as developing staff reports and Department presentations for monthly City Council meetings, which aids in tracking progress, communicating with stakeholders, and making informed decisions. Additionally, CIP management covers labor compliance and community outreach, ensuring that labor practices meet legal requirements and engaging with the community to keep them informed and involved. This includes managing public relations, addressing concerns, and fostering community support. Together, these elements are essential for the successful, timely, and budget -compliant completion of Capital Improvement Projects while upholding regulatory standards and enhancing community engagement.
IV. Relevant Experience
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SERVICES FOR PUBLIC WORKS PROJECTS
The AVANT-GARDE team, under the direction of the Public Works Director, supported the Public Works Staff and the Engineering Team in reviewing, planning, and developing the Capital Improvement Program (CIP) Budget for fiscal years 2023-2024 and 2024-2025.
The support services for the CIP Ad Hoc Committee include administrative support, document preparation, research and analysis, communication facilitation, and project progress tracking.
These services are essential for the committee's smooth operation and the successful advancement of CIP projects.
City of El Monte
AVANT-GARDE has provided funding administration, labor compliance, project management, and grant research and writing services to the City of El Monte since 2017. AVANT-GARDE has been successful in obtaining $54.9 million in competitive grant funds for the City. We are currently providing grant administration services on various federal, state, and local funded projects. Our services include quarterly reporting and invoices with Metro, progress reporting through the CalSmart portal, updating projects on the City’s FTIP, participating in bi -weekly CIP project update meetings, and reimbursement requests through Caltrans requiring coordination with the City and construction or design teams. Our team has coordinated with Metro and City staff to acquire the necessary funding lapse date extensions for a few older projects whose agreements were executed prior to AVANT-GARDE working with the City. Here is a list of projects we are currently assisting with grant administration services:
• CIP 001 – Traffic Calming at Parkway/Denholm
• CIP 003 – Merced Avenue Greenway
• CIP 021 – Area Y Park and Remediation
• CIP 040/070 – Peck / Santa Anita / Garvey / Durfee Improvements • El Monte’s Clean Mobility Nexus
• CIP 016 – El Monte Regional Bicycle Commuter Access Improvements • CIP 807 – MSVD SRTS Program
• CIP 884 – Garvey Storm Drain Reconstruction
• CIP 890 – Santa Anita Avenue Active Transportation for El Monte Station and Downtown El Monte
AVANT-GARDE administers the Local Streets and Roads Program (LSRP) by requesting a list of proposed projects for the upcoming fiscal year; coordinating Council’s approval with a resolution; uploading this list and resolution onto the City’s CalSmart portal; and gathering the required data to submit previous fiscal year LSRP expenditures in CalSmart. AVANT-GARDE provides as-needed support services to the City Management team including bid administration and project implementation; administrative staff support including the development of staff reports and department presentations; and labor compliance. AVANT-GARDE also oversees the City’s HOME and CDBG programs and Homekey Project.
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City of Bell Gardens
Under the Direction of the Public Works Director, the proposed AVANT - GARDE team provides services including funding administration and grant writing; assisting the Engineering team in the strategic planning and development of the CIP Budget for fiscal year s 2004 through 2015; bid administration and project implementation; administrative staff support including the development of staff reports and Department presentations; and labor compliance and community outreach for a number of projects. Outreach services have been provided for the Trees for BG Planting Project, BG Keep Parks Clean Beautification Project, Circulation Element Update, Complete Streets Plan, Public Works Week Program, Safe Routes to School Program, Street Sweeping Enforcement, and John Anson Ford Park Revitalization.
With our firm’s assistance, the City applied and received $18.6 million in competitive grant funding for a variety of projects including these most recent successes: Citywide Complete Streets Improvements Phase 2 – Caltrans ATP; Intersection Improvements at Florence/Garfield & Eastern/Gage – Caltrans HSIP; BG Keep Parks Clean Beautification – Clean CA; Citywide Complete Streets Improvements Phase 1 – Caltrans ATP; Trees for BG Planting – CNRA Urban Greening; Intersection Improvements – Metro Call for Projects; Citywide Safety Enhancements – Caltrans ATP; Citywide Complete Streets Plan - Caltrans Sustainable Transportation Planning Grant Program; Senior Bus Vehicle Replacement - Metro Federal Section 5310 Program; and Left Turn Signal Installations at Two Int ersections – Caltrans HSIP. Other services include identifying funding opportunities for a variety of projects; development of project particulars including project budget and schedule; development and production of grant applications; administration of grant awarded projects; and program compliance with the various funding agencies. We are currently providing grant administration services on the City’s ATP, HSIP, and STPL projects; Clean CA project; Urban Greening project; and three Metro CFP projects – all of which we secured the awarded competitive grant funds for the City. Each of the six programs has its own administration requirements and formats for quarterly/annual reporting and reimbursement requests requiring coordination with the City and construction or design teams.
City of Industry
AVANT-GARDE has provided project management, grant research, grant writing, and funding administration services to the City of Industry since 2005. Our firm has been successful in securing $57 million in funding for City projects throughout the years. Additional services include funding strategy development and community outreach. The proposed team outlined in this proposal are currently providing funding and grant administration services on the City’s SR-57/60 Confluence Project ($38M), Lemon Avenue Projec t ($19M), and Azusa Bridge Repainting Project ($6.5M). The Confluence Project includes improvements being made to the Grand Avenue/Golden Springs Road intersection ($16.8M) as well as the Grand Avenue On-ramp and Off-ramp for SR-57/60. 202
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Our team provides general funding and grant administration services for all the listed improvement projects including: serving as the project liaison; preparation and submittal of agreements and miscellaneous project related documents with Caltrans and Met ro; tracking of project expenditures and reimbursement ratios; preparation of Requests for Authorization to Proceed (RFA) to proceed with ROW and CON phases; completion of all documents required by Caltrans Local Assistance to grant authorization; coordination with engineering teams for project budget and schedule updates; coordination with Caltrans, Metro, and City staff; coordination with City finance/accounting department; preparation and submittal of (quarterly) progress reporting and reimbursement requ ests to Caltrans and/or Metro; attending PDT meetings and other meetings as requested by the City; and project programming and obligation of funds with Metro.
As projects reach their conclusion, our team is prepared to complete project close -out activities including close-out documents and final reimbursement submittals. Additionally, AVANT-GARDE assisted with managing the procurement process on the Azusa Bridge Repainting Project. AVANT- GARDE has coordinated with the City, engineering team, and the FHWA to submit the TIGER Grant Program Agreement and administer the grant through quarterly and annual reporting for the SR - 57/60 Confluence Project.
Labor Compliance Experience
Listed below are projects whereby AVANT-GARDE provided labor compliance services. In many instances our team supported the project by performing project management and funding administration services in addition to labor compliance. The following graph illustrates AVANT - GARDE’S Labor Compliance work to date.
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Projects with asterisk ( *) were funded with Community Development Block Grant (CDBG) funds or required Section 3 monitoring.
City of El Monte
• Roof Replacement at Homekey M Motel; In Progress; CON Cost: $480,000 * • Homekey Phase 2; In Progress; CON Cost: $13,340,394 * • Homekey Phase 1; In Progress; CON Cost: $1,890,000 *
• Project Homekey Termite Treatment; In Progress; CON Cost: $43,225 * • Ramona Blvd Resurfacing; Completed: July 2023; CON Cost: $2,949,718 • Budget Inn; Completed: July 2023; CON Cost: $964,13 * • M Motel Mold; Completed: October 2022; CON Cost: $39,200 • Regional Bicycle Commuter Access; Completed: May 2023; CON Cost: $1,031,578 • Budget Inn Reroof; Completed: December 2022; CON Cost: $289,720 * • Mountain View Park Restroom; Completed: September 2020; CON Cost: $77,800 * • Senior Center Roof Improvement; Completed: September 2020; CON Cost: $725,100 * • Fletcher “Fetch” Dog Park; Completed: October 2020; CON Cost: $800,000 * • Gibson Mariposa Park Block Wall Construction; Completed: November 2020; CON Cost:
$72,000 *
• Downtown Parking Structure; Completed: December 2017; CON Cost: $1,197,425
City of Bell Gardens
• Playground at Julia Asmus Park & Hannon Park, In Progress; CON Cost: $440,230.98 • Garfield Ave Improvements; Completed: February 2022; CON Cost: $706,170 • HSIP Cycle 8; Completed: December 2021; CON Cost: $480,409 • Gage Ave Rehab; Completed: July 2020; CON Cost; $257,000 • Citywide Safety Enhancement; Completed: November 2018; CON Cost: $1,117,050 • Suva Street Rehab; Completed: September 2017; CON Cost: $242,420 • Opticom Emergency Vehicle Preemption; Completed: July 2015; CON Cost: $247,623 • Safe Routes to School Non-Infrastructure; Completed: February 2015; Cost: $170,000 • Eastern Avenue; Completed: July 2008; CON Cost: $2,000,000 • ARRA Phase II Street Improvements; Completed: December 2009; CON Cost: $415,000 • ARRA Phase I Street Improvements; Completed: February 2010; CON Cost: $714,000 • Federal Safe Routes to School: Completed: August 2012; CON Cost: $321,000 204
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• Foster Bridge: Completed: January 2013; CON Cost: $163,000 • Florence Place; Completed: February 2015; CON Cost: $190,954
Metro
• East San Fernando Valley Advanced Utility Adjustment; Completed April 2024, CON Cost:
$9,044,350
• Division 20 Portal Widening Turnback; Completed: February 2024; CON Cost: $431,777,000 • Metro ROC and CMF Building Generator Replacement; Completed: March 2022; CON Cost:
$1,826,600
• Cesar Chavez Transit Pavilion; Completed: June 2022; CON Cost: $1,908,107 • MBL Track & System Refurbishment; Completed: September 2020; CON Cost: $67,953,655 • MBL & MGL Fire Alarm and Fire Suppression Systems Retrofit; Completed: July 2020; CON Cost: $3,258,500
• Div. 5 Re-roofing & Div. 7 Concrete Repair; Completed: March 2020; CON Cost: $3,258,500 • Westside Purple Line Extension; Completed: October 2019; CON Cost: $244,000,000 • Pavement Replacement at Division 7; Completed: November 2018; CON Cost: $1,500,000 • Westside Subway Extension; Completed: January 2017; CON Cost: $20,250,000 • I-405 & SR 134 Soundwall Packages 4&5; Completed: October 2014; CON Cost: $18,973,000 • CNG Emergency Operators; Completed: October 2014; CON Cost: $881,145 • Lighting Upgrade; Completed: June 2013; CON Cost: $1,662,000 • Bus Stop Improvement; Completed: June 2013; CON Cost: $627,000 • Division 3 Master Plan; Completed: July 2012; CON Cost: $4,973,000 • Trash and Vegetation Removal; Completed: March 2013; CON Cost: $4,800,120
City of Lynwood
• Citywide Surveillance Cameras; In Progress; CON Cost: $373,03.42 • Sewer System Improvement; In Progress; CON Cost: $1,058,075 • Citywide Entry Monuments; In Progress; CON Cost: $379,000 • Priority 2 Phase 2B Street Improvements; In Progress; CON Cost: $1,479,484 • Ham Park Skate Park; In Progress; CON Cost: $1,955,800 • Mega Park Playground; In Progress; CON Cost: $6,749,978 • Water System Improvement; In Progress; CON Cost: $1,065,380 • Imperial Highway Capacity; In Progress; CON Cost: $3,210,461 • Finance Department Wall; In Progress; CON Cost: $28,000 205
City of Lynwood 19 | Page
PROPOSAL FOR:
GRANT ADMINISTRATION SERVICES & LABOR COMPLIANCE
SERVICES FOR PUBLIC WORKS PROJECTS
• Citywide Slurry Seal Phase 4; In Progress; CON Cost: $474,549.75 • Large Ami Replacement; Completed: May 2024; CON Cost: $187,000 • Demolition of the Lynwood Park Playground; Completed: April 2024; CON Cost: $28,000 • Annual Street Name Sign Replacement; Completed: April 2024; CON Cost: $28,800 • Fire Department 147 Apparatus Bay; Completed: May 2024; CON Cost: $84,840 • Fire Department 147 Parking Lot; Completed: May 2024; CON Cost: $53,965 • Citywide Slurry Seal Phase 3; Completed: April 2024; CON Cost: $607,929.80 • Street Improvement Project Wright Rd from Fernwood to Duncan Ave; In Progress; CON Cost: $1,678,510
• Traffic Signal Improvements Imperial Highway and Ruth Avenue, In Progress; CON Cost:
$623,363
• HSIP Cycle 9 Atlantic/Carlin; Completed: February 2024; CON Cost: $474,047 • HSIP Cycle 9 Imperial/Atlantic; Completed: February 2024; CON Cost: $429,029 • Priority 2 Phase 2A Street Improvements; Completed: November 2023; CON Cost:
$1,149,000
• Stoneacre Ave Improvements; Completed: September 2023; CON Cost: $579,508 • HSIP Cycle 5 MLK Blvd; Completed: May 2024; CON Cost: $295,350 • AMI Base Station Installation; Completed: May 2023; CON Cost: $676,840 • Fernwood Ave Development; Completed: March 2024; CON Cost: $2,441,020 • Drywell Installation on Bullis; Completed: November 2023; CON Cost: $28,500 • Citywide Slurry Seal Phase 2; Completed: April 2023; CON Cost: $299,931 • San Carlos, San Juan, San Vincent etc. Improvement; Completed: March 2023; CON Cost:
$650,000
*
• Citywide Slurry Seal Phase 1; Completed: December 2022; CON Cost: $197,136.46 • Sidewalk Improvement Wright Road; Completed: March 2023; CON Cost: $556,090 • Well 19 Rehabilitation; Completed: April 2023; CON Cost: $347,189 • Yvonne Burke-John D. Ham Playground/Park Renovation; Completed: July 2023; CON Cost:
496,009
• Agnes Ave Street, Sewer and Water Improvements; Completed: May 2022; CON Cost:
$2,540,432
*
• Agnes Avenue Roundabout Landscape; Completed; CON Cost: $25,000 • Well No. 9 Rehab; Completed: June 2021; CON Cost: $289,617 • Alberta St. Pavement Rehab; Completed: December 2021; CON Cost: $2,317,000 • Long Beach Blvd/I-105 Fwy Interchange Curb Ramp Improvements; Completed: June 2021; CON Cost: $277,000
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City of Lynwood 20 | Page
PROPOSAL FOR:
GRANT ADMINISTRATION SERVICES & LABOR COMPLIANCE
SERVICES FOR PUBLIC WORKS PROJECTS
• Lilita St and Eve Ave; Completed: May 2021; CON Cost: $913,525 • Olive St, Lynwood Rd, McMillan St Improvements; Completed: September 2021; CON Cost:
$688,841
• Emergency Generator; Completed; CON Cost: $824,000
• ATP Cycle 2 Community Linkages; Completed: December 2020; CON Cost: $2,053,967 • Go Green Energy & Solar Project; Completed: November 2021; CON Cost: $7.3 million • Sanborn Ave. & Mulford Ave. Parking Lot Improvements; Completed: March 2021; CON Cost:
$326,434
• City Park T-Ball Phase 2; Completed: April 2020; CON Cost: 15,000 • Decorative Monument Signage; Completed; CON Cost: $149,000 • Palm Ave. Water Improvements; Completed: August 2020; CON Cost: $1,113,682 • Virginia Ave. Improvements; Completed: August 2020; CON Cost: $929,412 • Duncan, Edgebrook, Elmwood, Fernwood, Harris & Lavinia Pavement Rehab; Completed:
November 2020; CON Cost: $191,000
• Hulme Ave. Improvements; Completed: November 2020; CON Cost: $618,401 • Peach & Le Sage Improvements; Completed: August 2020; CON Cost: $1,712,255 *
• City Hall North & Tenant Improvement; Completed: May 2020; CON Cost: $795,000 • Bullis Rd. Improvements; Completed: November 2020; CON Cost: $437,000 • Capistrano Ave Improvement; Completed: August 2020; CON Cost: $781,743 • Fertile St. Improvements; Completed: April 2020; CON Cost: $181,266 • Duncan Ave. Improvements; Completed: October 2019; CON Cost: $829,000 • Louise Ave. Improvements; Completed: July 2019; CON Cost: $1,553,000 • Virginia Ave. Improvements; Completed: October 2019; CON Cost: $1,540,000 • Palm Ave. Improvements; Completed: October 2019; CON Cost: $300,000 • Street Rehab & Water Main Upgrade for Birch; Completed: September 2018; CON Cost:
$1,189,000 *
• Street Rehab & Water Main Upgrade for Beechwood Ave; Completed: November 2018; CON Cost: $1,671,000
*
• Bateman Hall Roof Replacement Project; Completed: May 2018; CON Cost: $370,800 • Sidewalk Improvement Project; Completed: April 2018; CON Cost: $94,820 • Emergency Reservoir/Booster Valve Replacement; Completed: June 2018; CON Cost:
$108,745
• City Park T-Ball; Completed: July 2018; CON Cost: $392,961 • Long Beach Blvd Ph. 2; Completed: August 2019; CON Cost: $3,128,879 • Long Beach Blvd Ph. 1; Completed: August 2019; CON Cost: $3,589,849 207
City of Lynwood 21 | Page
PROPOSAL FOR:
GRANT ADMINISTRATION SERVICES & LABOR COMPLIANCE
SERVICES FOR PUBLIC WORKS PROJECTS
• Olanda Street Improvements; Completed: January 2019; CON Cost: $261,000 • Citywide Slurry Seal; Completed: December 2018; CON Cost: $511,000 • SCADA Upgrade; Completed: December 2018; CON Cost: $754,000 • Water Distribution Sample Stations; Completed September 2018; CON Cost: $121,000 • Thorson Ave. Water Line; Completed: August 2018; CON Cost: $115,220 • Water Well No. 5; Completed: December 2017; CON Cost: $45,000 • Water Well No. 8; Completed: March 2018; CON Cost: $11,221 • Water Well No. 11; Completed: September 2017; CON Cost: $54,620 • Water Well No. 19; Completed: June 2017; CON Cost: $54,620 • Bus Stops Improvements; Completed: April 2017; CON Cost: $370,917 • City Hall Annex; Completed: October 2017; CON Cost: $5,472,000 • HSIP Pedestrian Improvements; Completed: October 2017; CON Cost: $412,000 • Street & Water Main Improvement Wisconsin Ave; Completed: October 2017; CON Cost:
$644,496 *
• Street Improvement Redwood Ave; Completed: November 2016; CON Cost: $410,458 *
City of La Canada Flintridge
• Foothill Blvd. Traffic Signal Improvements; In Progress; CON Cost: $299,983
City of Industry
• Stimson Avenue Grade Crossing Improvement; Completed: April 2024; CON Cost: $691,650
City of Norwalk
• HSIP Cycle 6 Studebaker; In Progress; CON Cost: $885,613 • HSIP Cycle 7 Studebaker; In Progress; CON Cost: $1,579,769 • HSIP Cycle 7 Alondra; In Progress; CON Cost: $1,595,850 • HSIP Cycle 7 Firestone; In Progress; CON Cost: $1,310,500
City of La Mirada
• Road Rehabilitation along Imperial Hwy; Completed: November 2023; CON Cost: $945,000 • Neff Historical Site Restoration - Phase II; Completed: February 2024; CON Cost $272,750 * • Neff Historical Site Restoration; Completed: June 2019; CON Cost: $245,454 * 208
City of Lynwood 22 | Page
PROPOSAL FOR:
GRANT ADMINISTRATION SERVICES & LABOR COMPLIANCE
SERVICES FOR PUBLIC WORKS PROJECTS
• Traffic Signal -Artesia Blvd/Industry Circle; Completed: December 2017; CON Cost:
$206,511
• Traffic Signal-Valley View Blvd & Adoree St; Completed: January 2017; CON Cost: $362,200 • Foster Park Street Improvements Phases 2 -4; Completed: February 2016; CON Cost:
$4,700,000, $650,121, $1,952,048 *
• HVAC City Hall; Completed: February 2014; CON Cost: $377,388 * • Alondra/Valley View Improvements; Completed: April 2012; CON Cost: $2,500,000 • La Mirada Boulevard Improvements; Completed: April 2010; CON Cost: $635,000 • Beach Boulevard Improvements; Completed: 2008; CON Cost: $635,000 *
City of Temple City
• Temple City Park; In Progress; CON Cost: $287,030
• Primrose Park; Completed: July 2022; CON Cost: $2,470,088 • Temple City Blvd; Completed: January 2018; CON Cost: $314,500 • El Monte Ave; Completed: January 2018; CON Cost: $1,078,400 • Rosemead Blvd; Completed: September 2014; CON Cost $18,000,000 • Traffic Signal-Temple City Blvd & Las Tunas; Completed: January 2012; CON Cost: $176,000 • Freer Street Overlay; Completed: December 2010; CON Cost: $599,000 • Traffic Signal – Ellis Lane; Completed: June 2010; CON Cost: $112,000 • Traffic Signal – Rosemead, Longden and Broadway; Completed: January 2011; CON Cost:
$236,500
City of Alhambra
• 2020 Street Improvements; Completed: January 2021; CON Cost: $325,000 * • Almansor Park Improvement Project; Completed April 2018; CON Cost: $1,755,944 * • Almansor Park Open Space Improvements; Completed April 2018; CON Cost; $129,122 * • Emery Park Restroom Rehab; Completed April 2018; CON Cost: $38,857.50 * • Lindaraxa Park Pillar Reconstruction; Completed March 2018; CON Cost: $33,600 * • Atlantic Blvd at Main St ADA; Completed: January 2018; CON Cost: $53,450 • Almansor Security Light Replacement; Completed: December 2016; CON Cost: $67,960 * • Almansor Jogging Trail Reconstruction; Completed: December 2016; CON Cost: $60,000 * • Almansor Playground Rubberized Resurfacing; Completed: May 2017; CON Cost: $85,600 * 209
City of Lynwood 23 | Page
PROPOSAL FOR:
GRANT ADMINISTRATION SERVICES & LABOR COMPLIANCE
SERVICES FOR PUBLIC WORKS PROJECTS
• Granada Park Parking Lot Resurfacing & Pool Locker Room Floor Resurfacing – Whitney Floor Complex Resurfacing; Completed: May 2015; CON Cost: $50,000 * • Almansor Picnic Shelter Replacement; Completed: August 2015; CON Cost: $55,000 * • Almansor Gym HVAC & Granada Gym Flooring & Equipment; May 2015; CON Cost:
$250,000*
• Alhambra Park ADA Pool Lift; Completed: November 2014; CON Cost: $4,598 * • ADA Improvements; Completed: April 2014; CON Cost: $13,325 * • Almansor Gym Flooring; Completed: April 2016; CON Cost: $30,100 *
City of South Gate
• Commercial Façade Sanchez Medical Center; Completed: January 2022; CON Cost:
$46,000 *
• Commercial Façade South Gate Optometry; Completed: February 2022; CON Cost:
$46,000
*
• Commercial Façade Abel’s Glass and Screen; Completed: June 2022; CON Cost: $46,000* • Commercial Façade Mejia Income Tax & Beauty Salon; In Progress; CON Cost: $46,000 * • Seaborg House Relocation; Completed: April 2020; CON Cost: $369,000 * • Citywide Concrete Repairs Phase V & Walnut Street Parking Lot; Completed: October 2018; CON Cost: $687,000
City of Hermosa Beach
• CDBG ADA Improvements; Completed: July 2019; CON Cost: $161,100 *
San Gabriel River Water Committee
• Water Gate Improvement; Completed: January 2020; CON Cost: $1,217,700
City of Culver City
• La Ballona SRTS; Completed: July 2022; CON Cost: $2,811,100
City of Cudahy
• ATP Cycle 2; Completed: March 2023; CON Cost: $536,820 210
City of Lynwood 24 | Page
PROPOSAL FOR:
GRANT ADMINISTRATION SERVICES & LABOR COMPLIANCE
SERVICES FOR PUBLIC WORKS PROJECTS
• Clara and Cudahy Park Restroom Rehab; Completed: September 2020; CON Cost:
$288,556*
• ATP Cycle 1; Completed: October 2017; CON Cost: $1,003,933 • HSIP Cycle 6; Completed: July 2019; CON Cost: $233,000 • Bedwell Hall Re-roofing Project; Completed: November 2014; CON Cost: $151,980 *
City of Montebello
• Annual Concrete Repair; Completed: June 2022; CON Cost: $277,000 * • Arroyo Dr Improvements; Completed: August 2021; CON Cost: $984,215 • Montebello Blvd. Bike Lane & Sidewalk Improvements; Completed: May 2022; CON Cost:
$5,766,226
• Bus Shelter Improvements; Completed: February 2019; CON Cost: $1,749,549 • Pavement Repairs & Skin Patching; Completed: January 2018; CON Cost: $142,673 * • 10th Street Improvements; Completed: November 2017; CON Cost: $125,905 * • Traffic Signal Upgrades – Various; Completion: 2016 CON Cost: $860,000 • Washington Blvd Ph. II; Completed: October 2016; CON Cost: $812,852 • Alley Improvement; Completed: September 2015; CON Cost: $187,553 * • Vail Ave. Improvement; Completed: November 2015; CON Cost: $201,150 * • Beverly Blvd. Improvements; Completed: September 2014; CON Cost: $429,381 • Traffic Signal-Montebello Way; Completed: October 2016; CON Cost: $726,640 • Safe Routes to School; Completed: August 2013; CON Cost: $572,703 • Federal Safe Routes to School; Completed: March 2012; CON Cost: $285,000 • Whittier Boulevard Revitalization Phase II; Completed: March 2011; CON Cost: $749,000 • Neighborhood Citywide Sidewalk; Completed: November 2010; CON Cost: $1,600,000 • Safe Routes to School Greenwood and Washington; Completed: May 2010; CON Cost: $ 172,000
• Whittier Boulevard Revitalization Phase 1; Completed: 2009; CON Cost: $8,000,000 *
• Traffic Signal -Garfield Avenue/Via San Clemente; Completed: August 2009; CON Cost:
$138,988
City of Rialto
• Baseline Road Median; In Progress; CON Cost: $1,391,338 211
City of Lynwood 25 | Page
PROPOSAL FOR:
GRANT ADMINISTRATION SERVICES & LABOR COMPLIANCE
SERVICES FOR PUBLIC WORKS PROJECTS
• CDBG Curb, Gutter & Sidewalk Improvements; Completed: April 2024; CON Cost:
$120,110.96 *
• Building 300; Completed: September 2023; CON Cost: $1,305,825 * • CDBG Curb, Gutter & Sidewalk Improvements; Completed: June 2023; CON Cost:
$129,435*
• Protected Left Turn Signal HSIP Cycle 8; Completed: June 2022; CON Cost: $710,906
City of Pico Rivera
• Youth Center Renovations; In Progress; CON Cost: $799,115 • Senior Center Restroom; Completed May 2024; CON Cost: $442,888 • ADA City Hall; Completed: May 2024; CON Cost: $596,900 * • Senior Center ADA & Safety Improvements - Parking Lot; Completed: July 2023; CON Cost:
$322,807 *
• Senior Center Flooring Renovation; Completed: October 2020; CON Cost: $92,500 * • Durfee Avenue ADA Ramp Improvements; Completed February 2018; CON Cost: $86,750 * • Commercial Façade; Completed: March 2018; CON Cost: $126,213 * • Commercial Façade; Completed: May 2018; CON Cost: $48,180 * • Citywide Roadway Improvements; Completed: May 2016; CON Cost: $269,213 * • Commercial Façade; Completed: June 2014; CON Cost: $108,322 * • La Cocina Façade Rehab; Completed: August 2012; CON Cost: $37,511 * • Beverly Boulevard; Completed: November 2011; CON Cost: $2,400,000
City of Huntington Park
• Oak View Streetscape Improvement; In Progress; CON Cost: $4,288,142.60 • Pacific Blvd Lighting & Beautification; Completed: February 2019; CON Cost: $871,707 • Splash Pad; Completed: September 2017; CON Cost: $719,440 • Middleton SRTS; Completed: November 2017; CON Cost: $369,740
City of Lake Forest
• Senior Center Patio Cover; In Progress; CON Cost: $428,413 • Trabuco Road Rehab; In Progress; CON Cost: $4,668,668
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City of Lynwood 26 | Page
PROPOSAL FOR:
GRANT ADMINISTRATION SERVICES & LABOR COMPLIANCE
SERVICES FOR PUBLIC WORKS PROJECTS
City of Commerce
• HSIP Cycle 10; In Progress; CON Cost: $1,689,906
• Commerce Way Pavement; Completed: April 2024; CON Cost: $784,540 • Traffic Interconnect System Upgrade; Completed: July 2022; CON Cost: $1,257,818 • Washington/Yates; Completed: July 2018; CON Cost: $719,220
City of South El Monte
• HSIP Cycle 9; In Progress; CON Cost: $381,707
• Merced Ave Greenway; In Progress; CON Cost: $9,098,474 • Santa Anita Traffic Signal Modifications; Completed: April 2023; CON Cost: $799,782 • 2020 Residential Street Rehab; Completed: July 2022; CON Cost: $614,000 * • Peck and Rush Traffic Signal & Light Modification; Completed: May 2022; CON Cost:
$609,000
• Senior Center Restroom Renovation; Completed: December 2020; CON Cost: $76,800 *
City of West Covina
• FY 2021-22 Residential Street Rehab; Completed: April 2023; CON Cost: $1,867,200 * • Friendship Park Improvements; Completed: December 2022; CON Cost: $201,259* • Senior Center Restroom Renovation; Completed: July 2022; CON Cost: $230,000 *
City of Monterey Park
• ATP Cycle 4 Monterey Park School and Crosswalk Safety Enhancement Project; In Progress; CON Cost: $1,360,870
• HSIP Cycle 9 Garfield Avenue Traffic Signal Improvements Project; Completed: October 2023; CON Cost: $428,028
• Traffic Signal Improvements HSIP Cycle 7; In Progress; CON Cost: $1,133,550 • ADA Curb Ramps & Sidewalk Repairs; Completed: December 2018; CON Cost: $269,450
City of Baldwin Park
• Ramona Blvd Phase I and II; Completed: 2011; CON Cost: $2,450,000
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City of Lynwood 27 | Page
PROPOSAL FOR:
GRANT ADMINISTRATION SERVICES & LABOR COMPLIANCE
SERVICES FOR PUBLIC WORKS PROJECTS
City of Maywood
• Sidewalk Improvements Phase I; Completed: September 2006; CON Cost: $177,000 * • Sidewalk Improvements Phase II; Completed: 2007; CON Cost: $365,000 * • Slauson Avenue; Completed: September 2008; CON Cost: $827,000
City of Costa Mesa
• Adams Ave and Pinecreek Project; In Progress; CON Cost: $2,877,242
City of Lake Elsinore
• HSIP Cycle 9; In Progress; CON Cost: $1,595,295
City of San Bernardino
• Pavement Rehab; In Progress; CON Cost: $763,593.55
City of La Puente
• Local Street Resurfacing Project, Temple, Orange & Sunset; Completed: 2002; CON Cost:
$284,000
• Local Street Resurfacing Project, Sunset, Nelson and Unruh; Completed: November 2003; CON Cost: $333,000
• Community Center ADA Improvements; Completed: September 2004; CON Cost:
$208,000
*
• Hacienda Reconstruction; Completed: September 2004; CON Cost: $320,000 • City Hall Elevator; Completed: September 2005; CON Cost: $223,000 * • Safe Routes to School Sidewalk Improvements; Completed: October 2005; CON Cost:
$247,000
• Local Street Resurfacing Project, Puente & Nelson; Completed: 2007; CON Cost: $305,000 • Senior Center; Completed: November 2008; CON Cost: $91,587.00 * • Local Street Resurfacing Project, Hacienda & Elliot; Completed: August 2008; CON Cost:
$224,000
• Sidewalk Improvements; Completed: September 2008; CON Cost: $334,000 *
• Local Street Resurfacing Project, Hacienda & Elliot; Completed: April 2009; CON Cost:
$300,000
• Main Street; Completed: 2009; CON Cost: $400,000
*
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City of Lynwood 28 | Page
PROPOSAL FOR:
GRANT ADMINISTRATION SERVICES & LABOR COMPLIANCE
SERVICES FOR PUBLIC WORKS PROJECTS
• Hacienda Blvd. Reconstruction; Completed: 2009; CON Cost: $741,477.16 • Street Overlay; Completed: 2009; CON Cost: $224,620
• Slurry Seal; Completed: March 2009; CON Cost: $274,087.70 * • Handicapped Ramps and Sidewalks Phase II; Completed: July 2009; CON Cost:
$341,043.00*
• Valley Boulevard Improvement Project; Completed: 2010; CON Cost: $317,832 * • La Puente Park Sidewalk; Complete: 2009; CON Cost: $123,066.10 *
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City of Lynwood 29 | Page
PROPOSAL FOR:
GRANT ADMINISTRATION SERVICES & LABOR COMPLIANCE
SERVICES FOR PUBLIC WORKS PROJECTS
It is our understanding that the City of Lynwood is seeking a highly qualified consultant to provide on-call professional services to the Public Works Department on an as-needed basis.
AVANT-GARDE is committed and qualified to provide the following limited scope of labor compliance and grant administration services as outlined in our proposal:
Grant Reporting and Management
o Prepare all quarterly, annual, and progress reports for all current grants (MTA, Caltrans, CDBG, etc.);
o Prepare grant applications and assist with post award administration; o Prepare and submit grant reimbursement packages;
o Track grant expenditures, milestones, and reporting deadlines; o Prepare and provide reports and monitoring for Federal, State, and Local Obligations, E‐76 approvals and California Transportation Commission (CTC) submittals, semi ‐annual invoicing for Federal projects, etc;
o Provide support services to the department including CIP Management, budget review, bud administration, staff report preparation , and support services to the City’s CIP Ad Hoc committee;
o Assist staff in preparation and submittal of annual expenditure reports for the SB1 Local Streets and Roads Program; and
o Assist with Federal and State compliance and documentation.
Labor Compliance Services
o Provide Davis-Bacon and/or State prevailing wage compliance monitoring; o Pre-Bid/Bid Procedures
Guidelines for wage compliance procedures should be provided to the City for inclusion in pre-bid information and/or bid requests.
Verification of a contractor's eligibility for contract award should be provided by reviewing the General Services Administration's "List of Parties Excluded from Federal Procurement or Non -Procurement Programs," System for Award Management, or the State Department of Industrial Relations as applicable
o Pre-Construction Phase:
Prepare a portion of the Project Labor Standards Enforcement File (related to payroll information) and shall maintain it for the duration of the project. This shall include prevailing wage related documents for the duration of the project.
V. Scope of Work
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PROPOSAL FOR:
GRANT ADMINISTRATION SERVICES & LABOR COMPLIANCE
SERVICES FOR PUBLIC WORKS PROJECTS
Conduct an in-person pre -construction conference with a City representative in attendance. General contractors and subcontractors shall be provided with a comprehensive packet detailing Consultant/City wage compliance procedures. Supply the necessary wage compliance forms to all contractors and City at conference. Prepare and issue conference minutes to all attendees. A copy of the minutes shall be placed in the Project Labor Standards Enforcement File, as required by Davis Bacon regulations.
Re-verify each contractor’s or subcontractor’s eligibility for contract award. Verify that all apprentices have been properly registered (or certified) in an apprenticeship program registered with the Bureau of Apprenticeship and Training or with a State Apprenticeship Program recognized by the Bureau as applicable. Verify with the United States Department of Labor, Employment, and Training Administration that all trainees hold a formal certification showing registration in an approved program.
Verify that the Public Works Contract Award Information (DAS -140) and Request for Dispatch of an Apprentice (DAS -142) forms are submitted to local apprenticeship councils by all contractors, as appropriate.
o Construction Phase
Verify completeness of payroll report.
Verify classifications and wage rates reported on payroll are at least equal to the rate required under the applicable wage determination.
Verify overtime hours and wages are property calculated. Verify Statement of Compliance is signed by the owner, officer or designated employee of the contractor.
Verify applicable wage determination; document verification as required. If wage determination has changed from what appears in project specifications, provide addendum for dissemination to plan holders.
Verify and document job-site posting of wage rate information and labor compliance posters.
Conduct site visits to monitor workforce utilization; perform labor compliance interviewing of employees on site, using appropriate forms, in the proper frequency and of the proper work classifications required.
Receive and review labor compliance documentation from public works observers or inspectors and compare with contractor -submitted documents. Monitor contractor- submitted payroll documentation on a continuous basis.
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City of Lynwood 31 | Page
PROPOSAL FOR:
GRANT ADMINISTRATION SERVICES & LABOR COMPLIANCE
SERVICES FOR PUBLIC WORKS PROJECTS
Verify with State Division of Apprenticeship Standards and/or U.S. Department of Labor, as required, that any worker listed on the certified payroll who receives less than the published hourly journeyman rate is registered in an approved apprenticeship program and is in possession of a formal certification. Verify that any payroll deductions are acceptable under applicable prevailing wage law. Verify that payroll data is submitted to the Department of Industrial Relations (DIR) online Compliance Monitoring Unit (CMU) under the correct DIR project number. Verify the payment of the training contribution, as necessary. Follow up with contractor by telephone, email, and/or certified mail regarding required document submittals and payroll discrepancies and deficiencies. Provide detailed description of alleged deficiencies; outline corrective action to be taken; and enforce regulatory deadlines for compliance.
Calculate any applicable underpayments due; obtain restitution payroll(s) plus proof of worker payment(s), as needed.
Receive, pursue, and document labor complaints; prepare violation reports to oversight agencies as required; recommend special action to be taken if contractor continuously fails to comply with requests and requirements. Coordinate with City staff the withholding of progress and/or retention payments if contractor fails to abide by labor compliance requirements. Prepare a Labor Compliance Certification Form, if required. Notify City’s representative upon receipt of Disbursement Authorization any outstanding certified payroll(s) not yet received or of unresolved violations. Notify the City if all payroll reports have been submitted are to date and no unresolved violations pending to assist the city in determining disbursement to contractor.
o Post Construction
Coordinate project file reviews by authorized city, county, state, and federal agencies. Maintain content and format of labor compliance file in conformance with applicable government requirements.
Submit complete labor compliance file to City for retention. Respond to Public Records Request.
Establish a retention system to retain records pursuant to grant requirements, City, State or Federal requirements.
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City of Lynwood 32 | Page
PROPOSAL FOR:
GRANT ADMINISTRATION SERVICES & LABOR COMPLIANCE
SERVICES FOR PUBLIC WORKS PROJECTS
Funding administration is a key element in financial management and ensuring your agency follows through on procurements. When agencies are appropriated funding, it is their responsibility to work with the administering agencies to submit the required documents as well as reimbursements requests. It is important that agencies understand and follow the regulations established by the administering agency to ensure compliance as well as eligibility for future funding. Funding administration involves various steps such as the tracking of all eligible and non- eligible expenditures through the life of the project, providing advisement on programmatic changes and updates, and building the relationships with each agency granting or administering the funding.
AVANT-GARDE has developed an excellent reputation for individual expertise, high quality professional services, timely delivery of presentation -quality work products and a wide range of professional services that are applied in accomplishing the objectives of the ass ignments undertaken by the firm. Each member of AVANT-GARDE’s staff has provided professional consultant services on similar projects in the past and is thoroughly familiar with the processes required pursuant to Caltrans Local Assistance Procedures and Metro funding administration procedures. AVANT-GARDE has provided exceptional services to all our clients and has successfully completed audits with Caltrans, Metro and the Federal Highway Administration. Our files are organized in a manner that is conducive to the auditor’s review and we have cleared all the audits conducted on federally funded projects that were administered.
Our firm is familiar with working with all city departments impacted by grant -funded projects including coordinating with Administration, Engineering and Finance to ensure everyone is aware of their role and how the project affects all aspects of City government. AVANT-GARDE has the expertise to be presented with a new project and immediately assess its agreements, coordination efforts with affiliated agencies, and schedules to provide detailed analysis or strategy to move the project forward expeditiously.
AVANT-GARDE fully understands the requirements and scope of work as outlined in the RFQ and is capable and available to perform grant administration services including but not limited to:
Grant Administration
Administration of State and Federal project requirements, including:
1. Existing records review: Review of existing City documents to ensure that programming has been completed through Metro’s database and that federally funded projects are approved in the TIP.
2. Assist City in preparing CEQA clearance and ROW Certifications. Prepare Preliminary Environmental Study and obtain NEPA clearance.
VI. Technical Approach
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PROPOSAL FOR:
GRANT ADMINISTRATION SERVICES & LABOR COMPLIANCE
SERVICES FOR PUBLIC WORKS PROJECTS
3. Conduct Pre -Bid Meeting with p rospective bidders to discuss DBE requirements and Good Faith Efforts documentation and requirements.
4. DBE Utilization tracking and reporting.
5. Federal Aid Project Authorization/Submittal for Federal A uthorization: Prepare and complete all appropriate documents pursuant to the Local Program Procedures to request authorization for design and/or construction depending on the project’s allocation of funding for the Federal Aid Project Authorization. AVANT-GARDE is responsible for coordinating with the engineering team to ensure that all information is included in the requests and that all required signatures are gathered.
6. Submittal for Project Award: Upon award of the construction contract, AVANT-GARDE prepares and submits the award package to Caltrans as required per the Local Programs Procedures.
7. Project Liaison: AVANT -GARDE staff serve as the project liaison with the engineering staff, Caltrans, and Metro. AVANT-GARDE staff provides follow through on the project to ensure that the appropriate authorizations are received at each required stage of the project. Upon receipt of the E-76 from Caltrans, AVANT-GARDE coordinates with City staff to proceed with the phase of the project that has been authorized. AVANT-GARDE will then continue coordination with Caltrans and Metro to ensure project delivery, project programming, and preparation of funding requests. AVANT-GARDE can also attend scheduled project development team (PDT) meetings if necessary.
8. Agreements: AVANT-GARDE is available to assist in the preparation and submittal of agreements and miscellaneous project related documents, including coordinating with the City Attorney.
9. Reimbursement Submittals: AVANT-GARDE is responsible for coordinating with the City or engineering team to obtain all invoices for eligible expenses throughout the course of the project. AVANT-GARDE is adept at tracking project expenses and reconciling expenditures with Finance. A minimum of two reimbursements requests are generally submitted.
10. BAR and QAP Submittals: AVANT-GARDE will complete a revalidation form and coordinate with the designated Caltrans engineer to submit the City’s QAP when needed. Updated exhibits will be prepared and included as well. AVANT-GARDE will prepare the required LAPM form for the BAR process; coordinate with the City for extension justification, timeline, and project statuses; coordinate with City staff for review and signature; and coordinate with Caltrans for submittal.
11. Reporting: AVANT-GARDE will prepare and submit quarterly or progress reports as needed.
AVANT-GARDE will coordinate with the City in early -March to prepare the list of proposed projects to be funded by SB1 funds through the Local Streets and Roads Program (LSRP) for the upcoming fiscal year. AVANT-GARDE will also help coordinate getting Council’s approval of the proposed project list with a resolution and ensure this list and resolution are uploaded onto the City’s CalSmart portal before the July 1
st deadline. AVANT-GARDE will coordinate with
the City in early -November to gather the required data to submit the previous fiscal year 220
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expenditures in CalSmart for those projects included in the LSRP before the December 1 st deadline.
12. Project Close Out and Records Management: AVANT-GARDE maintains all records that relate to Federal Aid Authorizations. Upon completion of the project, files are provided to the City.
Coordinate with engineering and construction teams to closeout the project, obtain remaining invoices for eligible expenditures, and prepare and submit a Final Report of Expenditures and Closeout Caltrans documents.
13. Miscellaneous Administrative Support: AVANT-GARDE can provide administrative responsibilities such as preparation of agenda reports for meetings as needed; support for community relations and preparation of informational materials; preparation of miscellaneous reports; assistance with the preparation and monitoring of the operating budget; analyze the City’s needs and prepare, recommend and administer long -and-short range programs consistent with the economic capabilities of the City, including information vital to the preparation of the annual fiscal budget for the City; assist project funding oversight, inter-departmental coordination, and project close -out as it pertains to funding administration. As a compliment to these services, AVANT -GARDE’s experience in municipal program management and community outreach will ensure deliverables are relevant to the needs of the community and organization as a whole.
The following flow char t was developed to illustrate AVANT -GARDE’s knowledge of the various procedures required to process and administer Federal and State funded local transportation projects. It demonstrates our experience with Caltrans’ Local Assistance Procedures Manual and Local Assistance Program Guidelines for all phases of the projects we are currently administering.
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Bid Administration:
1. Assist the City with compliance oversight and coordination of all phases of the procurement process to ensure Caltrans’ Local Assistance Program Manual guidelines are adhered to.
2. Review of specifications to ensure all federal documents were incorporated.
3. Coordination of procurement schedule.
4. Advertise the Request for Proposals.
5. Convene a Selection Committee to evaluate consultant submittals.
6. Coordinate interviews with top ranked consultants.
7. Conduct pre-bid meeting, scoping meeting and contract negotiation meeting.
8. Coordinate with City staff to incorporate Caltrans standard contract language and provisions into City’s Professional Services Agreement and submit all required procurement documentation to DLAE to close out the procurement process for the project.
Labor Compliance
AVANT-GARDE’s approach has been developed and is implemented from an agency’s perspective with a primary focus on legal compliance, user-friendly tools, practical applications, and impartial operations. Our team works with all key players in implementing a successful program, including city staff, construction managers, agency contract compliance officers, payroll staff and construction superintendents. In addition, we take a very pro-active approach in compliance monitoring and take extra steps in our attention to detail to ensure efficiency and to prevent potential setbacks. Our operations as an extension of the agency staff also ensure open communication and availability as needed.
General Contract and Labor Compliance Activities:
1. Respond to requests for information from City staff;
2. Act as City liaison to selected prime contractor and City department Project Managers;
3. Submit performance reports to HUD;
4. Provide City with wage compliance procedure guidelines for inclusion in pre -bid information and/or bid requests;
5. Conduct Section 3 pre-bid presentation at pre-bid meetings;
6. Review bid documentation and provide City with verification of a contractor’s eligibility for contract award by reviewing General Services Administration’s “List of Parties excluded from Federal Procurement or Non-Procurement Programs, System for Award Management, or State Department of Industrial Relations” as applicable;
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7. Verify Federal Wage Determination is current within 10 days of bid opening date;
8. Ensure all required federal provisions and CDBG contractual clauses are included in agreements;
9. Review Agreement and labor compliance requirements with the project team;
10. Determine the specific labor standards parameters applicable for the construction project;
11. Notify appropriate agencies of project awards and submit a Notice of Contract Award Letter to the Department of Labor;
12. Set up and maintain all compliance files and documents relating to prevailing wage activities;
13. Set up and maintain Labor Standards Enforcement Files for Prime and all subcontractors;
14. Schedule and attend pre-construction meetings to discuss prevailing wage requirements with a City representative, contractor, and subcontractors in detail. Provide contractor and subcontractors a comprehensive packet detailing wage compliance procedures and wage compliance forms. Prepare and issue meeting minutes to all attendees and place a copy in the Project Labor Standards Enforcement File;
15. Verify all apprentices have been properly registered (or certified) in an apprenticeship program registered with the Bureau of Apprenticeship and Training of with a State Apprenticeship Program recognized by the Bureau;
16. Verify with the US Department of Labor, Employment, and Training Administration that all trainees hold a formal certification showing registration in an approved program;
17. Verify that the Public Works Contract Award Information (DAS-140) and Request for Dispatch of an Apprentice (DAS -142) forms are submitted to local apprenticeship councils by all contractors, as appropriate;
18. Review Contractor’s compliance with all State and Federal required postings such as the prevailing wage rates and EEO policies as well as the Contractor’s Affirmative Action Plan;
19. Respond to technical questions regarding prevailing wage requirements;
20. Provide information and data on trades and trade classifications performing on projects; and
21. Provide City with a Prevailing Wage Compliance Release Form for each participating contactor/subcontractors as evidence they have met their prevailing wage compliance obligation.
Labor Compliance Audit Activities:
AVANT GARDE will receive, monitor and review all reports pertaining to labor compliance required to be submitted by prime contractors and their subcontractors in accordance with the provisions of the applicable laws and regulations.
1. Establish and maintain contractor and subcontractor labor files for each project;
2. Monitor project compliance with the payment of prevailing wage rates; 223
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3. Dissemination and posting of wage determinations applicable to project;
4. Ensure that complete certified payroll records are submitted by prime contractors and their subcontractors;
5. Conduct Employee Field Interviews to confirm worker classification and wage rate of the project workforce conforms to the applicable Davis-Bacon Wage Decision;
6. Reconcile Weekly Certified Payroll Reports (CPR) & Supporting Documentation with wage decision and employee field interviews. Perform continuous and timely monitoring reviews of CPRs and related submissions for compliance;
7. Verify overtime hours and wages are properly calculated;
8. Verify Statement of Compliance is signed by the owner, officer, or designated employee of the contractor;
9. Verify and document job-site posting of wage rate information and labor compliance posters;
10. Receive and review labor compliance documentation from observers or inspectors and compare with contractor-submitted documents;
11. Verify that payroll data is submitted to the Department of Industrial Relations (DIR) online Compliance Monitoring Unit (CMU) under the correct DIR project number;
12. Monitor contractors for Section 3 accomplishments;
13. Monitor workforce utilization reports to verify trade and apprenticeship participation;
14. Identify violations and investigate complaints of underpayment to workers;
15. Follow up with contractor by telephone, email, and/or certified mail regarding required document submittals and payroll discrepancies and deficiencies. Provide detailed description of alleged deficiencies; outline corrective action to be taken; and enforce regulatory deadlines for compliance;
16. Notify the City regarding delinquent, uncertified, inaccurate and improperly completed payroll records and recommend appropriate corrective action for lack of strict compliance.
Wage Underpayment and Restitution Activities:
1. Identify wage underpayment through audits of payroll documents, during onsite employee interviews or by complaints filed by workers on the project;
2. Calculate and recommend to City the amount of wages that City will withhold from the contractor’s payments/retention;
3. Prepare documentation that list the week endings worked, the name of the worker, trade classification, number of hours worked, rate paid, correct prevailing wage rate and the amount due each worker. Prepare, submit and file reports and all required forms to appropriate parties;
4. Obtain restitution payroll(s) plus proof of worker payment(s), as needed; 224
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5. Prepare documentation for disbursement of back wages, training funds and/or penalties due;
6. Receive, pursue, and document labor complaints; prepare violation reports to oversight agencies as required; recommend special action to be taken if contractor continuously fails to comply with requests and requirements;
7. Gather, prepare and coordinate all necessary documents for hearings and represent the City at such hearings in accordance with the Federal and State Labor Code and the California Code of regulations;
8. Notify City’s representative upon receipt of Disbursement Authorization of any outstanding certified payroll(s) not yet received or of unresolved violations. Notify the City if all payroll reports have been submitted are up to date and no unresolved violations are pending to assist the City in determining disbursement to contractor;
9. Document and file final resolutions; and
10. Perform other projects or services as required.
Close – Out Activities:
1. Review contractors’ final payroll and Section 3 Economic Opportunity Report;
2. Conduct labor compliance file review prior to release of retention funds. Address and resolve any underpayment or deficiency issues;
3. Coordinate project file reviews by authorized city, county, state, and federal agencies;
4. File Notice of Completion;
5. Work with City Records Management staff to ensure compliance with record retention periods required by applicable law;
6. Maintain electronic records of all Labor Standards Enforcement File(s), accounts, established under this Agreement for a period of five (5) years after closing of each project;
7. Provide detailed report on compliance documents submitted by each participating contractor and subcontractor; and
8. Provide City with a Prevailing Wage Compliance Release Form for each contractor and subcontractor as evidence they have met their prevailing wage compliance obligation.
9. Provide City all original files within 30 days of completion/close-out of project.
QA/QC and Budget Control
AVANT-GARDE requires that adequate quality assurance/quality control (QA/QC) be implemented on each project. The Project Manager provides the leadership and guidance to obtain the end results for all services provided by the company. A project management plan is prepared that defines specific project deliverables, implementation criteria, staff and resource loading, work task schedule with project milestones, and project responsibilities. Regular contact 225
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by the Project Manager with each on-going activity provides support and guidance, maintains focus and momentum, and monitors the quality of work. Regularly scheduled project meetings for reviewing general work status, reviewing technical elements of the pr oject, coordinating and interfacing of activities, reviewing costs, and discussing upcoming activities and responsibilities are all standard procedures of our quality assurance process for each project. The following elements have been adopted by our firm and are implemented in every project.
Written Materials – AVANT-GARDE is committed to the proficiency of your written materials. With over 60 years of combined experience, extensive education and practical application, AVANT- GARDE can provide written reports, agenda reports, status reports, and recommendations of any kind.
Coordination – AVANT-GARDE is committed to clear communication, inclusive of internal and external office coordination, coordination with assisting or collaborative consultants, and client coordination. The Project Manager will be the sole source of project contact with the client . The Project Manager shall keep the client informed of the project progress on a regular basis.
Customer Service – AVANT-GARDE is committed to excellence and stands behind our reputation to provide only the highest level of products and services in an effort to enhance the quality of life for the communities we serve. Whether working on a specific project or a long -term campaign, our clients will always receive our blend of expertise to ensure every one of their goals are met.
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City of Lynwood | 11330 Bullis Rd, Lynwood, CA, 90262 | (310) 603-0220 ext. 837 Contact: Julian Lee, Interim City Manager – [email protected]
City of El Monte | 11333 Valley Blvd., El Monte, CA 91731 | (626) 580-2055 Contact: Leonardo Torres, Public Works & Utilities Director/City Engineer – [email protected]
City of Industry | 15625 Mayor Dave Way, City of Industry, CA 91744 | (626) 333-2211 Contact: Joshua Nelson, City Manager – [email protected]
City of Bell Gardens | 8327 S. Garfield Ave, Bell Gardens, CA 90201 | (562) 806-7770 Contact : Veronica Sanchez, Management Analyst – [email protected]
City of Huntington Beach | 2000 Main St, Huntington Beach, CA 92648 | (714) 374-5345 Contact: Chau Vu, Director of Public Works – [email protected]
City of Ventura I 501 Poli St, Ventura, CA 93001 I (805) 654-7870 Contact: Jeff Hereford, Principal Transportation Engineer – [email protected]
VII. References
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CONTACT:
ANA MARIE LENOUE | PRESIDENT/CEO
909.895.7146 • [email protected]
807 S Lemon Ave, Diamond Bar, CA
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AVANT-GARDE offers the following hourly rates for all services proposed under this RFQ:
Classification Hourly Rate
Program Director $150
Program Manager $135
Senior Program Coordinator $125
Program Coordinator $110
Program Assistant $100
It should be noted that our hourly rates are fully loaded. No additional costs will be billed to the City such as travel, duplication of materials, binding, mailing, etc. Upon commencement of year 4 of the contract, an approximate 3% increase will be applied to the hourly rates for the remaining term of the agreement.
As requested, below is our yearly not-to-exceed fee. A fee proposal will be provided with a breakdown of the scope, hours, and fixed fee to complete each assigned task order with exception of Project Support services, which will be billed on actual time spent.
Total
Hours Cost Total
Hours Cost Total
Hours Cost Hours Cost
Program Director (PD) $150.00 700 $105,000.00 $0.00 150 $22,500.00 850 $127,500.00 Program Manager (PM) $135.00 825 $111,375.00 50 $6,750.00 175 $23,625.00 1,050 $141,750.00 Sr. Program Coordinator (PC) $125.00 $0.00 225 $28,125.00 $0.00 225 $28,125.00 Program Coordinator (PC) $110.00 $0.00 60 $6,600.00 $0.00 60 $6,600.00 Program Assistant (PA) $100.00 $0.00 200 $20,000.00 100 $10,000.00 300 $30,000.00 - $0.00
STAFFING TOTAL 1525 $216,375.00 $535.00 $61,475.00 425 $56,125.00 2485 $333,975.00 * Staff anticipates providing approx 29 hours per week
*** staffing costs and tasks may be interchange based on assignments **Costs are based on a typical 60 -90 day construction duration; a specific proposal for each project can be prepared when the construction duration has been established STAFFING TOTAL***Hourly
Rate
Project Support
Services *
Labor Compliance and
Technical Support**
(Based on 5 projects
valued at $5.6 million)
Grant Reporting
Fee Schedule
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1 PROFESSIONAL SERVICES AGREEMENT
This agreement (“Agreement”) is made as of October 1, 2024 by and between the City of Lynwood , a municipal corporation ("City") and Advanced Avant Garde Corporation (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as the “Parties.”
R E C I T A L S
WHEREAS, City desires to utilize the services of Consultant as an independent contractor to provide Labor Compliance and Grant Reporting and Management services as set forth in the Scope of Services attached hereto as Exhibit A; and WHEREAS, Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows:
1. Company's Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit A.
2. Term of Agreement. This Agreement shall commence on October 1, 2024 (the “Commencement Date”) and shall remain and continue in effect until tasks described in Exhibit A are completed, but in no event later than June 30, 2027, unless sooner terminated pursuant to the provisions of this Agreement. This Agreement shall include two one-year extension options that may be exercised by the City Manager.
3. Compensation.
A. City agrees to compensate Consultant for services under this Agreement in compliance with the schedule set forth in Exhibit A. Consultant shall submit proper monthly invoices in the form and manner specified by City. Each invoice shall include a monthly breakdown of all monthly services performed together with the hours spent on each service. Consultant shall maintain appropriate and necessary documentation supporting the monthly invoices detailing the type of service provided. It shall be available for review by the City at all reasonable times upon request.
B. If at the request of the City, Consultant is required to incur out of pocket expenses (including but not limited to, out-of-town travel and lodging) which are above and beyond the ordinary expenses associated with performance of this Agreement, Consultant shall be entitled to reimbursement of such expenses. Consultant shall only be reimbursed for those expenses which: (I) appear on Consultant’s monthly invoices; (II) are accompanied by a copy of the City’s written authorization for Consultant to incur such expenses; and (III) receipts documenting such expenses. 238
2 4. General Terms and Conditions. The General Terms and Conditions set forth in Exhibit B are incorporated as part of this Agreement. In the event of any inconsistency between the General Terms and Conditions and any other exhibit to this Agreement, the General Terms and Conditions shall control unless it is clear from the context that both parties intend the provisions of the other exhibit(s) to control.
5. Addresses.
City of Lynwood
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Attn: Julian Lee, Interim City Manager
Company
Advanced Avant Garde Corporation
Attn: Ana Marie LeNoue
6. Exhibits. All exhibits referred to in this Agreement are listed here and are incorporated and made part of this Agreement by this reference.
Exhibit A – Scope of Services and Compensation Schedule Exhibit B – General Terms and Conditions
SIGNATURES ON FOLLOWING PAGE
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3 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below.
CITY
CITY OF LYNWOOD
By: ______________________________ ______________________ Jose Luis Solache, Mayor Date
CONSULTANT
Advanced Avant Garde Corporation
By: _______________________________ ________________________ Ana Marie LeNoue Date
ATTEST:
By: ______________________________ ________________________ Maria Quinonez, City Clerk Date
APPROVED AS TO FORM:
By: ______________________________ ________________________ Noel Tapia, City Attorney Date
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1 EXHIBIT A
SCOPE OF WORK
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1 EXHIBIT B
GENERAL TERMS AND CONDITIONS
1. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of the City of Lynwood or otherwise act on behalf of Lynwood as an agent. Neither the City of Lynwood nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City of Lynwood.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interests asserted against City by reason of the independent Consultant relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent status of Consultant and the audit in any way fails to sustain the validity of a wholly independent Consultant relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant’s employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 1.
D. Consultant represents to the City, and City relies on Consultant’s representations, that Consultant shall serve solely in the capacity of an independent contractor to the City. Neither the City nor any of its agents will have control over the conduct of Consultant or any of Consultant’s employees, except as otherwise set forth in the Agreement. Consultant may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. The City has no duty, obligation, or responsibility to the Consultant’s agents or employees, including the Affordable Care Act coverage requirements. Consultant is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents and employees under the Affordable Care Act with respect to Consultant’s agents and employees. Consultant warrants and represents that the City will not be responsible and will not be held liable for issues related to Consultant’s status as an independent contractor, including Consultant’s failure to comply with Consultant’s duties, obligations, and responsibilities under the Affordable Care Act.
Consultant further agrees to defend, indemnify, and hold the City harmless for any and 242
2 all taxes, claims, and penalties against the City related to Consultant’s obligations under the Affordable Care Act.
2. Standard of Performance
Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or his/her designee. No additional or different tasks or services shall be performed by Consultant other than those specified in Exhibit A.
3. Indemnification.
A. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform said services and duties.
B. City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnities") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, defend, protect and hold harmless Indemnities from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which Indemnities may suffer or incur or to which Indemnities may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or other loss occurring as a result of or allegedly caused by Consultant’s performance of or failure to perform any services under this Agreement or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, subcontractor, sub consultant or employees, committed in performing any of the services under this Agreement. Notwithstanding the foregoing, the provisions of this subsection shall not apply to Claims occurring as a result of the City’s sole negligence or willful acts or omissions.
C. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, sub consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required in this Section, Consultant agrees to be fully responsible according to the terms of this Section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on City and will in no way serve as a waiver of any rights hereunder. This obligation to indemnify and defend Indemnities as set forth herein shall survive the termination of this Agreement and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to City.
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3 4. Insurance.
A. Without limiting Consultant’s indemnification of Indemnities pursuant to Section 3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement the types and amounts of insurance as described below:
(I) Consultant shall maintain Commercial General Liability Insurance with coverage at least as broad as Insurance Services Office Commercial General Liability Form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(II) Consultant shall maintain Business Auto Coverage on ISO Business Auto Coverage Form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(III) Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with on a state approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for all covered losses; (IV) Consultant shall maintain Professional Liability or Errors and Omissions Insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate.
Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
B. City, its officers, officials, employees and volunteers shall be named as additional insureds on the policy(ies) as to commercial general liability and automotive liability.
C. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
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4 D. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to CITY via certified mail, return receipt requested, addressed to “Director of Human Resources & Risk Management,” City of Lynwood, 11330 Bullis Road, Lynwood, California, 90262. Consultant agrees that it will not cancel, reduce or otherwise modify said insurance coverage.
E. Consultant shall submit to City (I) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (II) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City’s appropriate standard forms entitled "Additional Insured Endorsement".
F. Consultant’s insurance shall be primary as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees and volunteers shall be excess of Consultant’s insurance and shall not contribute with it.
G. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost. City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant’s and the cost of such insurance may be deducted, at the option of City, from payments due Consultant.
5. Release of Information/Confidentiality.
A. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. Consultant’s covenant under this section shall survive the termination of this Agreement.
B. Consultant shall promptly notify City should Consultant, its officers, 245
5 employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response
6. Ownership of Work Product.
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by the City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of the City or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit the City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
7. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it.
Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary or 246
6 otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by Consultant’s covenants under this section shall survive the termination of this Agreement.
8. Termination. Notwithstanding any other provision, this Agreement may be duly terminated at any time by the City at its sole discretion with or without cause by serving upon the consultant at least ten (10) days prior written notice (“Notice of Termination”).
Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Unless expressly agreed upon in writing by the City, the City shall not be obligated to pay for any services rendered nor any costs or expenses paid or incurred after the date of termination. The effective date of termination shall be upon the date specified in the written Notice of Termination.
Consultant agrees that in the event of such termination, Consultant must refund the City its prorated share, except for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written Notice of Termination, Consultant shall discontinue performing services, preserve the product of the services and upon payment for services, turn over to City the product of the services in accordance with written instructions of City.
In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City.
9. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.
Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises.
10. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by 247
7 or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.
11. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant obligations hereunder, without the prior written consent of City, and any attempt by Consultant to assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.
12. Performance Evaluation. For any Agreement in effect for twelve months or longer, the City Manager may require a written annual administrative performance evaluation within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein.
13. Compliance with Laws. Consultant shall keep itself informed of State, Federal and Local laws, ordinances, codes and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. Consultant shall at all times comply with such laws, ordinances, codes and regulations. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.
14. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect all licenses (including a City business license) required of it by law for performance of the services hereunder.
15. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.
16. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this 248
8 Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and Consultant.
17. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Consultant regular business hours or by facsimile before or during Consultant regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.
18. Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. However, the Parties may agree to submit any dispute to non-binding arbitration.
19. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.
20. Severability. If any provision or any part of any provision of this Agreement is found to be invalid or unenforceable, the balance of this Agreement shall remain in full force and effect.
21. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the Mayor and attested by the City Clerk.
22. Authority. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
23. Force Majeure. A Party’s performance of any obligation under this Agreement shall be suspended if, and to the extent that, the Party is unable to perform because of any event of Force Majeure. In any such event, the Party unable to perform shall be required to resume performance of its obligations under this Agreement upon the termination of the event or cause that excused performance hereunder. “Force Majeure” herein means an event which is beyond the reasonable control of a Party, 249
9 including without limitation, (a) acts of God including flood, fire, earthquake, hurricane or explosion, pandemic; (b) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (c) government order or law that prevents either Party from performing its obligations as set forth in this Agreement; (d) actions, embargoes or blockades in effect on or after the date of this Agreement; (e) action by any governmental authority that prevents either Party from performing its obligations as set forth in this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances, other than those involving the affected parties employees; (h) shortage of adequate power or transportation facilities.
Neither Party shall be liable for any delay or default in, or failure of, performance resulting from or arising out of any Force Majeure event, and no such delay, default in, or failure of performance shall constitute a breach by either Party hereunder. Where a Force Majeure event gives rise to a failure or delay in either Party performing its obligations under this Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure event. A Party who becomes aware of a Force Majeure event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this Agreement, will forthwith notify the other and inform the other of the period for which it is estimated that such failure or delay will continue. The affected Party shall take reasonable steps to mitigate the effects of the Force Majeure event.
250
AGENDA STAFF REPORT
DATE:
October
1, 2024
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Julian Lee, Interim City Manager
PREPARED BY:
Ahmad Ansari, Public Works Oversight
SUBJECT:
APPROVAL OF CIP BUDGET TRANSFERS FROM FISCAL YEAR 2023- 2024
Agenda Item # 9.8.
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 CIP BUDGET TRANSFERS FOR FISCAL YEAR 2023-2024.”
Background:
As part of the City’s 5-Year Capital Improvement Plan (CIP), capital improvement projects are allocated funding from various sources, including measures and grants. The City operates on a biennial fiscal period, which is a two-year financial cycle for budgeting and planning.
Therefore, budgets and financial plans are organized and reviewed over a two-year span. For example, during the fiscal periods of 2023-24 and 2024-25, budgeting decisions are made for each year, with adjustments as needed to respond to evolving needs. The budgets for projects initially planned for FY 23-24 need to be revised in order to match the updated budget presented to the Council in June 2024. To move forward with construction and secure completion approvals, staff presents the revised budgets for City Councils consideration.
Discussion and Analysis:
The revised FY 2023-24 budget, funding sources and amounts for various projects have been updated and are detailed in “Attachment A – Funding Source Reassignments.” Multiple funding sources previously allocated to various CIP accounts have been redistributed to other City Council City Council Regular Meeting 251
10-1-24 CIP Budget Transfer (Resolution)- PWD.docx
Attachment A - Funding Source Reassignments Final.pdf
available sources. Additionally, funding for projects that were put on hold or cancelled have been reallocated to support ongoing projects. These changes are required in order to keep the financials of the City at a positive balance.
Fiscal Impact:
There is no fiscal impact as a result of these changes; funding sources have been reassigned without the need for additional appropriations.
Coordinated With:
City Manager’s Office
Department of Finance and Administration Services
ATTACHMENTS:
Description
City Council City Council Regular Meeting 252
1 RESOLUTION NO. XXXX-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING THE CIP BUDGET TRANSFERS FROM FISCAL YEAR
2023-2024
WHEREAS, at the City Council meeting on June 26, 2024, the City Council approved the updated budget for the second year of the biennial fiscal period 2023-24 and 2024-25; and
WHEREAS, the updated fiscal year 2023-2024 budget includes adjustments to funding sources for Capital Improvement Projects (CIP); and WHEREAS, the revised FY 23-24 budget, updates to the funding sources and amounts for various projects are detailed in “Attachment A – Funding Source Reassignments.”; and
WHEREAS, funding sources have been reassigned without the need for additional appropriations.
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 that the above recitals are true and correct and incorporates them herein by this reference.
Section 2. That the City Council of the City of Lynwood accepts updates to the funding sources and amounts for various projects as detailed in “Attachment A – Funding Source Reassignments.”
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 attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
(Signatures on Next Page)
253
2 PASSED, APPROVED and ADOPTED this 1st day of October 2024.
José Luis Solache
Mayor
ATTEST:
Maria Quinonez
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Noel Tapia Julian Lee
City Attorney Interim City Manager
254
3 STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 1 st day of October 2024, 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. XXX on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 1st day of October 2024.
Maria Quinonez, City Clerk
255
Project Name CIP Project
Number
Previous CIP
Budget Total Updated CIP
Budget Total
Burke-Ham Park Skate
Park - Design/Build4011.67.854 General Fund $450,000.00 Series 2020 Lease Revenue Bonds $450,000.00
Per Capita Grant $221,556.00 Per Capita Grant $221,556.00 2019 Lease
Revenue Bond $1,298,444.002019 Lease
Revenue Bond $1,298,444.00
TOTAL $1,970,000.00 TOTAL $1,970,000.00
Wright Road Street
Improvements 4011.67.911 STPL $1,514,364.00 STPL $1,514,364.00 Measure M $300,000.00 Measure M $126.22
Measure R $407,130.00 Measure R $407,130.00
LUA 2020-A
Revenue Bonds $59,506.00LUA 2020-A
Revenue Bonds $59,506.00
- - 2017 Lease
Revenue Bonds $299,873.78
TOTAL $2,281,000.00 TOTAL $2,281,000.00
Water Division Office
Improvement 4011.67.928 General Fund $410,000.00 Series 2020 Lease Revenue Bonds $410,000.00
Water (Direct) $400,000.00 Water (Direct) $400,000.00
Sewer (4011) $316,439.00 Sewer (4011) $316,439.00
LUA 2017-A
Revenue Bonds $100,000.00LUA 2017-A
Revenue Bonds $100,000.00
LUA 2020-A
Revenue Bonds $740,000.00LUA 2020-A
Revenue Bonds $740,000.00
TOTAL $1,966,439.00 TOTAL $1,966,439.00
City Hall Roof Repair 4011.68.033 General Fund $550,000.00 Series 2020 Lease Revenue Bonds $550,000.00
TOTAL $550,000.00 TOTAL $550,000.00
HSIP Cycle 9- Traffic
Signal Impv Imperial &
Atlantic Ave
4011.68.073 Measure M $75,000.00 Measure M $49,373.22
HSIP Cycle 9 $100,000.00 HSIP Cycle 9 $300,000.00
2017 Lease
Revenue Bonds $260,000.002017 Lease
Revenue Bonds $85,626.78
TOTAL $435,000.00 TOTAL $435,000.00
HSIP Cycle 9- Traffic
Signal Impv Atlantic Ave
& Carlin Ave
4011.68.075 Measure M $60,000.00 Measure M $47,534.32
HSIP Cycle 9 $150,000.00 HSIP Cycle 9 $345,475.00
2017 Lease
Revenue Bonds $290,000.002017 Lease
Revenue Bonds $106,990.68
TOTAL $500,000.00 TOTAL $500,000.00
Well 5 Replacement 4011.68.102LUA 2020-A
Revenue Bonds $350,000.00LUA 2020-A
Revenue Bonds $350,000.00
Attachment A
Funding Source Reassignments
256
TOTAL $350,000.00 TOTAL $350,000.00
Imperial Highway
Corridor Capacity 4011.68.106 Measure R $2,626,537.00 Measure R Metro $4,681,503.00 Measure R Special
Funding $2,500,000.00 - -
TOTAL $4,681,503.00 TOTAL $4,681,503.00
Mega Playground 4011.68.109 General Fund $3,250,000.00 Series 2020 Lease Revenue Bonds $3,250,000.00
Measure A $1,300,000.00 Measure A $1,300,000.00
2019 Lease
Revenue Bond $5,000,000.002019 Lease
Revenue Bond $5,000,000.00
TOTAL $9,550,000.00 TOTAL $9,550,000.00
Ruth & Imperial TS Impv 4011.68.115 General Fund $902,000.00 Measure M Bonds $902,000.00 TOTAL $902,000.00 TOTAL $902,000.00
Citywide Monuments 4011.68.117 General Fund $500,000.00 GF Project
Management Fund
(ARPA
"Unrestricted")
$500,000.00
TOTAL $500,000.00 TOTAL $500,000.00
Tennis Courts
Renovation 4011.68.121 General Fund $300,000.00 Series 2020 Lease Revenue Bonds $800,000.00
TOTAL $300,000.00 TOTAL $800,000.00
Outdoor Fitness Station
Renovation 4011.68.122 General Fund $350,000.00 Series 2020 Lease Revenue Bonds $350,000.00
TOTAL $350,000.00 TOTAL $350,000.00
Slurry Seal Phase 3 4011.68.127 Gas Tax $127,500.00 Gas Tax $277,500.00 SB1 $349,000.00 SB1 $349,000.00
Prop C $262,500.00 Prop C $262,500.00
Measure R $50,000.00 Measure R $11,000.00
Measure M $111,000.00 - -
TOTAL $900,000.00 TOTAL $900,000.00
Citywide Slurry Seal
Phase 4 4011.68.128 General Fund $340,000.00
GF Project
Management Fund
(ARPA
"Unrestricted")
$340,000.00
Gas Tax $224,000.00 Gas Tax $74,000.00
SB1 $102,500.00 SB1 $102,500.00
Prop C $375,000.00 Prop C $375,000.00
Measure R $51,000.00 Measure R $204,000.00
Measure M $3,000.00 - -
TOTAL $1,095,500.00 TOTAL $1,095,500.00
Lynwood Park Storage
Installation 4011.68.129 General Fund $500,000.00 Cancelled $0.00 TOTAL $500,000.00 TOTAL $0.00
PWD Main Entrance
Improvement 4011.68.131 General Fund $140,000.00 Series 2020 Lease Revenue Bonds $140,000.00
TOTAL $140,000.00 TOTAL $140,000.00
Well Facilities Generator
Connection - 4011.68.136 Water (Direct) $175,000.00 LUA 2017-A Revenue Bonds $100,000.00
LUA 2020-A
Revenue Bonds $75,000.00
257
TOTAL $175,000.00 TOTAL $175,000.00
Annual Street Name
Sign Replacement 4011.68.137 General Fund $40,000.00
GF Project
Management Fund
(ARPA
"Unrestricted")
$40,000.00
Measure M $41,000.00 Measure M $41,000.00
TOTAL $81,000.00 TOTAL $81,000.00
TOTAL $27,227,442.00 TOTAL $27,227,442.00
258
AGENDA STAFF REPORT
DATE:
October
1, 2024
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Julian Lee, Interim City Manager
PREPARED BY:
Ahmad Ansari, Public Works Oversight
SUBJECT:
PROJECT ACCEPTANCE FOR THE CITYWIDE SLURRY SEAL (PHASE
4) PROJECT FISCAL YEAR (FY) 2023-2024 CIP NO. 4011.68.128 Agenda Item # 9.9.
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 CITYWIDE SLURRY SEAL (PHASE 4) PROJECT FY 2023-2024 CIP NO. 4011.68.128 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:
The City of Lynwood has successfully implemented a 4-phase citywide slurry seal program, with the Citywide Slurry Seal (Phase 4) Project marking the final phase of this initiative. This project completes the citywide slurry seal program, which is a crucial component of the City’s pavement management strategy. Slurry seal treatments are essential for preserving the infrastructure by applying a new wearing surface to roads, thereby protecting them from sun and water damage. This maintenance treatment extends the lifespan of asphalt at a fraction of the cost compared to full pavement repairs.
On November 21, 2023, the City Council approved the plans and specifications for the Citywide Slurry Seal (Phase 4) Project.
On October 4, 2023, staff uploaded the Notice Inviting
Bids to the City’s website (PlanetBids). The bid opening occurred on Wednesday, November 1, 2023, at 10:00 A.M.
City Council City Council Regular Meeting 259
Discussion and Analysis:
On November 21, 2023, the City awarded the contract to the lowest responsible bidder, All American Asphalt, in the amount of $474,549.75. A Notice to Proceed was issued, marking the start of construction on February 8, 2024. Throughout the project, three (3) change orders were issued. The final date of construction was March 17, 2024.
Scope of Work:
The improvements consisted of citywide slurry seal, including pavement cold milling and overlay at the following locations:
Segment
Name
From
To
1 Arlington Avenue
Atlantic Avenue
Gibson Avenue
2 Cortland Street
El Granada Avenue
Louise Avenue
3 Cortland Street
Lugo Park Avenue
Wright Road
4 Duncan Avenue
Sanborn Avenue
MLK Jr Boulevard
5 Duncan Avenue
MLK Jr Boulevard
Walnut Avenue
6 Duncan Avenue
Walnut Avenue
Cortland Street
7 Duncan Avenue
Josephine Street
Lavinia Avenue
8 Edgebrook Avenue
Rayborn Street
Olanda Street
9 Edgebrook Avenue
Olanda Street
Fertile Street
10 El Granada Avenue
Cortland Street
Fernwood Avenue
11 Josephine Street
Duncan Avenue
Wright Road
12 Lugo Park Avenue
Cortland Street
Fernwood Avenue
13 McMillan Street
Wright Road
EOP
14 Niland Street
Virginia Avenue
Duncan Avenue
15 Niland Street
Duncan Avenue
Wright Road
16 Pendleton Avenue
Atlantic Avenue
City Limit
17 Phillips Avenue
Lavinia Avenue
Clark Street
18 Pope Avenue
Sanborn Avenue
MLK Jr Boulevard
19 Pope Avenue
Walnut Avenue
Cortland Street
20 Pope Avenue
Cortland Street
Fernwood Avenue
21 Vieta Avenue
Cortland Street
Fernwood Avenue
22 Virginia Avenue
Los Flores Boulevard
Elmwood Avenue
City Council City Council Regular Meeting 260
23 Virginia Avenue
Beechwood Avenue
Sanborn Avenue
24 Virginia Avenue
Josephine Street
Lavinia Avenue
25 Virginia Avenue
Lavinia Avenue
Niland Street
26 Virginia Avenue
Niland Street
Alvada Street
27 Virginia Avenue
Alvada Street
Clark Street
28 Wright Road
Fernwood Avenue
Josephine Street
29 Wright Road
Josephine Street
Lavinia Avenue
30 Wright Road
Lavinia Avenue
Niland Street
31 Wright Road
Niland Street
Clark Street
32 Wright Road
Clark Street
Pelluer Street
33 Wright Road
Pelluer Street
Rayborn Street
34 Wright Road
Olanda Street
McMillan Street
35 Pope Avenue
Beechwood Avenue
Sanborn Avenue
Approved Budget:
The original contract amount with All American Asphalt was $474,549.75. During construction, staff made several field adjustments to address discrepancies in working conditions, resulting in two (2) change orders. As an additional scope to the project, staff requested an additional change order for the contractor to install parking brackets throughout all the street segments.
Due to the size of the project, staff negotiated with the contractor to install the parking brackets on a time and material basis. After completion, the contractor was able to install over 1,900 parking brackets throughout the slurry seal street segments. The final cost for the parking brackets change order is $77,440.00. According to Attachment A, the three (2) change orders - factoring in the credits from balancing the base bid item quantities with actual field quantities and the parking T’s - totaled $64,475.26. This adjustment brings the new contract amount to $539,025.01. The final contingency for this project is approximately 13.5% of the base contract amount.
Additionally, $49,735.00 was allocated for construction management and inspection services provided by Transtech Engineers, and $5,000.00 was used for labor compliance tasks performed by Avant Garde Inc. Staff time, project design, and other related project management costs amounted to $106,187.00.
The total cost of the project was $699,947.01, which is below the approved budget of $1,095,500.00.
City Council City Council Regular Meeting 261
10-1-24 Slurry Seal Phase 4 Acceptance (Resolution) - PWD.docx Original Contract Amount
$474,549.75
(3) Change Orders
$64,475.26
Contract Management and
Inspection
$49,735.00
Labor Compliance
$5,000.00
Project Management and
other costs
$106,187.00
Total Cost of Project
$699,947.01
The project is now ready for acceptance by the City Council. Once accepted, staff will record the Notice of Completion at the County Recorder’s Office. Retention will be released 35 days following the project’s acceptance.
Fiscal Impact:
This CIP project no. 4011.68.128 had an approved FY 23-24 budget of $1,095,500.
General Fund
$340,000
Gas Tax
$224,000
SB1
$102,500
Measure M
$3,000
Prop C
$375,000
Measure R
$51,000
FY 23-24 Approved Budget
$1,095,500
No additional funds were appropriated.
Coordinated With:
City Manager’s Office
Department of Finance and Administration Services
ATTACHMENTS:
Description
City Council City Council Regular Meeting 262
Slurry Seal Phase 4 Change Orders.pdf
City Council City Council Regular Meeting 263
1 RESOLUTION NO. XXXX-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE CITYWIDE SLURRY SEAL (PHASE 4) PROJECT FY 2023-2024 CIP NO. 4011.68.128 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, on November 21, 2023, the City Council approved the plans and specifications for the Citywide Slurry Seal (Phase 4) Project; and WHEREAS, on October 4, 2023, staff uploaded the Notice Inviting Bids to the City’s website (PlanetBids); and
WHEREAS, the bid opening occurred on Wednesday, November 1, 2023, at 10:00 A.M.; and
WHEREAS, on November 21, 2023, the City awarded the contract for the Citywide Slurry Seal (Phase 4) Project to the lowest responsible bidder, All American Asphalt, in the amount of $474,549.75; and
WHEREAS, the improvements consisted of citywide slurry seal, including pavement cold milling and overlay; and
WHEREAS, the construction of the Project started on February 8, 2024; and WHEREAS, there were three (3) contract change orders in the amount of $64,475.26; and
WHEREAS, the final date of construction was March 17, 2024, and all work was completed in accordance with the project plans and specifications; and WHEREAS, the total construction cost including project management, construction management, inspection, and labor compliance is $699,947.01; and WHEREAS, the total construction budget was $1,095,500 in General ($340,000), Gas Tax ($74,000), SB1 ($102,500), Measure M ($114,000), Prop C ($375,000), and Measure R ($90,000); and
WHEREAS, no additional 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 hereby finds that the above recitals are true and correct and incorporates them herein by this reference. 264
2 Section 2. That the City Council of the City of Lynwood accepts Citywide Slurry Seal (Phase 4) Project FY 2023-2024, CIP No. 4011.68.128 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. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its adoption.
(Signatures on Next Page)
265
3 PASSED, APPROVED and ADOPTED this 1st day of October 2024.
José Luis Solache
Mayor
ATTEST:
Maria Quinonez
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Noel Tapia Julian Lee
City Attorney Interim City Manager
266
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 1 st day of October 2024, 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. XXX on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 1st day of October 2024.
Maria Quinonez, City Clerk
267
CONTRACT CHANGE ORDERS DESCRIPTION Unit Price Unit of
Measure Quantity Total Amount
CCO1.1
Install (7) city furnished rubber speed bumps and install (14) bump ahead signs and posts. Costs inclusive of labor, materials & mark-up.
$13,560.26 LS 1
$13,560.26
CCO 2.1 Contractor to paint (1,936) parking T's throughout the project. Costs inclusive of labor, materials & mark-up. $40.00 EA 1,936.00 $77,440.00
CCO 3.1 Balancing change order on bid item 5 based on actual field quantities completed in the field.
275 TON -43 -$11,825.00
CCO 3.2 Balancing change order on bid item 7 based on actual field quantities completed in the field.
900 EA -8 -$7,200.00
CCO 3.3 Balancing change order on bid item 8 based on actual field quantities completed in the field.
750 EA -10 -$7,500.00
Total CCO $64,475.26
Orignial Contract Amount $474,549.75
Contract Amount with Change Orders $539,025.01
ATTACHMENT A
CITYWIDE SLURRY SEAL (PHASE 4) PROJECT FY 2023-2024 CIP NO. 4011.68.128 268
AGENDA STAFF REPORT
DATE:
October
1, 2024
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Julian Lee, Interim City Manager
PREPARED BY:
Ahmad Ansari, Public Works Oversight
SUBJECT:
AWARD OF CONTRACT TO ONWARD ENGINEERING FOR THE
DESIGN ENGINEERING SERVICES FOR THE ANNUAL STREET
IMPROVEMENTS - PRIORITY 1 – FY 24/25 (CIP PROJECT NO.
2101|2121|2357|2352|9056.68.142)
Agenda Item # 9.10.
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A
CONTRACT TO ONWARD ENGINEERING FOR THE DESIGN ENGINEERING SERVICES FOR THE ANNUAL STREET IMPROVEMENTS - PRIORITY 1 – FY 24/25 (CIP PROJECT NO. 2101|2121|2357|2352|9056.68.142).”
Background:
As part of the City’s Fiscal Year (FY) 24/25 Capital Improvement Program, funding has been allocated for the Annual Street Improvements - Priority 1 project. Staff has developed a plan for annual street improvements by prioritizing a variety of segments throughout the City, focusing on enhancing roadway surfaces of major arterials, extending the lifespan of streets in Lynwood, and improving safety for residents.
Staff conducted an Informal Request for Proposals (IRFP) for the Design Engineering Services for the Annual Street Improvements - Priority 1 – FY 24/25 CIP Project No. 2101|2121|2357|2352|9056.68.142 (Project). Per the City’s Contracting and Purchasing Policy and Procedures section XII, staff can move forward an IRFP if the total amount of the contract is less than $200,000. An IRFP is a document issued to obtain written, competitive proposals City Council City Council Regular Meeting 269
to be used as a basis for entering a contract when price will not necessarily be the predominant award criteria.
Discussion and Analysis:
On July 25, 2024, staff sent an invitation to three (3) on-call general engineering consultants to submit proposals for the Project.
On August 7, 2024, staff received three (3) proposals from the following consultants:
Proposal
Onward Engineering
EXP
Infrastructure Engineers, a Bowman company
The scope of work includes:
Conducting a geotechnical investigation to assess the existing pavement and near- surface subgrade soils, providing options for replacement.
Performing a topographic survey with a Civil 3D surface model.
Designing parking brackets for all selected street segments.
Preparing plans, specifications, and estimates for street improvements in the identified segments.
Providing construction support, including material reviews and responses to requests for information (RFIs).
The street segments included in this scope of work are:
Annual Street Improvements - Priority 1 – FY 24/25
Segment
From
To
108th Street
Lorrain Street
Santa Fe Avenue
108th Street
Alameda Avenue
Lorrian Street
Thorson Avenue
E.O.P.
Josephine Street
Thorson Avenue
Josephine Street
Agnes Avenue
City Council City Council Regular Meeting 270
Thorson Avenue
Agnes Avenue
Lavinia Avenue
Thorson Avenue
Lavinia Avenue
Magnolia Avenue
Thorson Avenue
Magnolia Avenue
Carlin Avenue
Sampson Avenue
Abbott Road
Pendleton Avenue
Sampson Avenue
Pendleton Avenue
Imperial Highway
Josephine Street
Virginia Avenue
Pope Avenue
Josephine Street
Pope Avenue
Duncan Avenue
Staff reviewed the proposals and the proposed scope of work and pricing from Onward Engineering
was ranked highest by the review panel
.
Onward Engineering’s fee proposal is detailed by tasks:
Task 1: Site Research Phase - $58,870
Task 2: Preliminary Design Phase - $35,550
Task 3: Final Design Phase - $22,210
Additionally, staff recommends moving forward with the optional tasks for bid assistance and construction support in the amount of $13,910.
Staff recommends awarding Onward Engineering a contract in the amount of $125,540 for Tasks 1, 2, and 3 and bid assistance and construction support.
According to Onward Engineering’s Schedule of Tasks, the project will commence with the Site Research Phase, followed by the Preliminary Design Phase, with the Final Design Phase expected to be completed by December 2024. To ensure continuity of the Project, staff recommends that the City Council authorizes the City Manager to approve additional services not to exceed 10 percent of the contract price.
Fiscal Impact:
The table below shows the approved project budget:
City Council City Council Regular Meeting 271
10-1-24
Annual Street Impv - P1 Design Award (Resolution)- PWD.docx Onward Engineering-Proposal.pdf
Professional-Services-Agreement-Annual Street Improvements P1.pdf Funding Source
Amount
(2101) Gas Tax
$210,000
(2121) SB1
$500,000
(2357) Measure M Bonds
$800,000
(2352) Measure R
$210,000
(9056) 2020 Lease Revenue Bond
$280,000
Total
$2,000,000
The project has an approved design and construction budget of $2,000,000 for FY 24/25, and no additional appropriation is required.
Coordinated With:
City Manager’s Office
Department of Finance and Administration Services
ATTACHMENTS:
Description
City Council City Council Regular Meeting 272
1 RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AWARDING A CONTRACT TO ONWARD ENGINEERING FOR THE
DESIGN ENGINEERING SERVICES FOR THE ANNUAL STREET
IMPROVEMENTS - PRIORITY 1 – FY 24/25 (CIP PROJECT NO.
2101|2121|2357|2352|9056.68.142)
WHEREAS, on July 25, 2024, staff sent an Informal Request for Proposals (IRFP) to three (3) on call general engineering consultants to submit proposals for the Annual Street Improvements - Priority 1 – FY 24/25 CIP Project No. 2101 |2121 |2357 |2352| 9056.68.142; and
WHEREAS, on August 7, 2024, staff received three (3) proposals from Onward Engineering, EXP, and Infrastructure Engineers, a Bowman company; and WHEREAS, Staff reviewed the proposals and are confident in the proposed scope of work and pricing from Onward Engineering in the amount of $125,540; and WHEREAS according to Onward Engineering’s Schedule of Tasks, the project will commence with the Site Research Phase, followed by the Preliminary Design Phase, with the Final Design Phase expected to be completed by December 2024; and WHEREAS, the scope of work includes conducting a geotechnical investigation to assess the existing pavement and near-surface subgrade soils, providing options for replacement, performing a topographic survey with a Civil 3D surface model, designing parking brackets for all selected street segments, preparing plans, specifications, and estimates for street improvements in the identified segments, and providing construction support, including material reviews and responses to requests for information (RFIs); and WHEREAS The project has an approved design and construction budget of $2,000,000 for FY 24/25, and no additional appropriation is 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 hereby finds that the above recitals are true and correct and incorporates them herein by this reference.
Section 2. The City Council of the City of Lynwood authorizes the Mayor to execute the agreement between the City of Lynwood and Onward Engineering in a form approved by the City Attorney in the amount of $125,540.
Section 3. The City Council of the City of Lynwood authorizes the City Manager under LMC 6-3.15(d) to exceed the specific dollar amounts or percentage limitations under LMC 6-3.15(a) and authorizes the City Manager to approve consultant, vendor 273
2 agreements, modifications, change orders, or agreement amendments related to the Project up to the available Project Budget.
Section 4. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.
Section 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
Signatures on next page
274
3 PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of Lynwood, California, this 1st day of October 2024.
Jose Luis Solache
Mayor
ATTEST:
Maria Quinonez
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Noel Tapia Julian Lee
City Attorney Interim City Manager
275
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 1 st day of October 2024, 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 ofResolution No. XXX.XXXon file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 1st day of October 2024.
Maria Quinonez, City Clerk
276
City of Lynwood August 6 th, 2024
11330 Bullis Road
Lynwood, CA 90262
Subject: RequeSt foR PRoPoSal (RfP) fY 25 annual StReet ImPRovement PRoject Onward Engineering (OE) is thrilled to submit our proposal to provide professional engineering services for the FY 25 Annual Street Improvement Project in the City of Lynwood. We are excited about the opportunity to build a long- term partnership with Lynwood, working together to enhance the community’s infrastructure and quality of life.
Extensive Roadway Improvement Experience
With over 90% of our experience centered on roadway improvements, OE is uniquely qualified to manage projects like this that cover large areas. Our experience includes projects in the City of Glendale (10 miles), City of Downey (approximately 30 miles in Areas 1, 2, and 4), City of Diamond Bar (over 65 miles of roadway over seven consecutive years), City of Norwalk (nearly 8 miles), City of Whittier (nearly 10 miles), City of Placentia (45% of the City’s roadways), City of Torrance (6 miles), City of La Habra (over 15 miles in two phases), City of Hesperia (4 miles), City of San Bernardino (4 miles), City of La Mirada (8 miles), and City of Alhambra (4.2 miles). Additionally, we have completed ADA improvement projects for the City of Long Beach (1,000 ADA ramps) and City of Rancho Cucamonga (292 ADA ramps), allowing us to provide a seamless, confident, and familiar team dynamic. Additionally, we have experience working with the City of Lynwood in the past, including having recently provided survey services for the 11302 Long Beach Boulevard Project and construction management services for the Ricardo Lara Linear Park Project. Our team excels at prioritizing improvements and maximizing the budget, ensuring that the City of Lynwood receives the highest quality results within the available resources.
Commitment to Project Prioritization
This project includes street rehabilitation to various segments of 108th St. (2 segments from Alameda St. to Santa Fe Avenue); Thorson Ave. (5 segments from E.O.P to Carlin Avenue); Sampson Ave. (2 segments from Abbott Rd. to Imperial Highway); and Josephine St. (2 segments from Virginia Avenue to Duncan Avenue). The work includes conducting a geotechnical investigation to identify the existing pavement section and near surface subgrade soils to provide options for replacement. We have subcontracted with Noorzay Geotechnical for this work. Additionally, our internal survey team is ready to expedite any necessary topographic surveys, further accelerating the project timeline and ensuring a smooth progression from start to finish. We have named the same team on this project as the slurry seal project and will be able to work faster and more seamlessly between these two projects.
Advanced Project Management with ClickUp
OE utilizes ClickUp for Agile Project Management, a tool that allows us to efficiently track project milestones, manage tasks, and coordinate resources in real-time. This platform enhances our ability to stay organized and responsive, enabling us to quickly adapt to changes and maintain a clear overview of the project’s status at all times. The City of Lynwood will have access to project updates through ClickUp, ensuring complete transparency and collaboration throughout the project lifecycle.
Experienced Leadership
Our experienced team of Project Engineers is led by Justin Smeets, PE, PLS, QSD, as the Project Manager. Justin has 20 years of experience in providing Project Management and Engineering services. He is supported by our team of project engineers; Ryan Dennis, P.Eng.; Dayton Lowe; Eric Urso, LSIT; Jason To; David Loria; Henry Lu; and Leonard Phung. Our team has worked together on many similar projects, allowing us to provide a seamless, confident, and familiar team dynamic. Our team also puts a great emphasis on QA/QC. Delfino “Chino” Consuji, PE and former City Engineer and Director of Public Works for the cities of Downey, West Covina, Brea, and Norwalk, understands the importance of meeting deadlines and maintaining high quality, and will be the acting QA/QC Manager.
For any inquiries or the need for additional information, please do not hesitate to reach out to us at: (714) 533-3050, or by email at: [email protected]. We genuinely appreciate the privilege of the opportunity to serve the City of Lynwood and eagerly await the prospect of contributing to the success of your projects.
Thank you,
Majdi Ataya, PE
President, Onward Engineering
Onward Engineering
300 S. Harbor Blvd., Suite 814
Anaheim, CA 92805
(714) 533.3050 | www.oe-eng.com
Cover Letter
Onward Engineering | Design Smarter. Build Better.
| 1
Request for Proposal, for the City of Lynwood, Design
Services for the FY 25 Annual Street Improvement Project oveR letteRc
277
nooRZaYGeo, Inc.
maihan noorzay, ms, pe, ge
Principal Engineer
(951) 264-9023 | [email protected]
16817 Rainy Vale Avenue, Riverside, CA 92503
NoorzayGeoNoorzayGeo
Geotech Investigation & Testing
oRGaniZational chaRt
SECTION 1 : Organizational Chart
Onward Engineering | Design Smarter. Build Better.
| 2
Request for Proposal, for the City of Lynwood, Design
Services for the FY 25 Annual Street Improvement Project NOTE:
OE will make available key personnel to the extent proposed and for the duration of the required services. No person designated as “key” shall be removed or replaced without the prior written concurrence of the City.
RYan DennIS - P. enG.
Bs: Civil Engineering,
-University of Calgary, 2005
mInor : Environmental Engineering,
-University of Calgary, 2005
p. eng.: Professional Engineer (Canada)
TeCh: AutoCAD & Civil 3D
DavID loRIa
as: Computer Animation,
-Brooks College, Long Beach
CerTIFIeD: AutoCAD Certified Professional
TeCh: Civil 3D, Revit, 3D Max, Recap, Scan
Master point cloud processing software
henRY lu
Bs: University of Transport,
-Ho Chi Minh, Vietnam
DesIgn: Roadway/Drainage/Slope
Stability/Utility
TeCh: AutoCAD/Civil3D
leonaRD PhunG
Bs: University of Transport,
-Ho Chi Minh, Vietnam
DesIgn: Roadway/Drainage/Slope Stability
TeCh: AutoCAD/Civil3D/InfraWork
jaSon to
Bs: Civil Engineering, CSUF, Fullerton
eXper IenCe: Surveying/Soil Mechanics/
Reinforced Concrete &
Structural Steel Design
TeCh: AutoDesk/AutoCAD & ArcGIS/RAM
DaYton loWe
oCTa: (prior) CERTIFIED :
Pavement Assessment,
Rehabilitation & Recommendations
CoUrses: Construction Management,
Technology, & Civil Engineering,
- Broward College
TeCh: AutoCAD & Civil 3D
juStIn SmeetS - Pe,PlS,qSD
Bs: Civil Engineering, CSUF, 2007
pe: Professional Engineer #78314
pLs: Professional Land Surveyor #9293
QsD: Qualified SWPPP Developer #00852
oCTa : (prior) CERTIFIED :
Pavement Condition Analysis
eRIc uRSo - lSIt
Bs: Civil Engineering; The Citadel
-The Military College of South Carolina
ms: Geographic Information Science
-Cal State Long Beach
LsIT: Licensed Surveyor in Training
TeCh: Survey CAD: AutoCAD/Civil 3D
PRoject enGIneeRS & Sub-conSultant
oe SuRveY team
PRoject manaGeRqa/qc manaGeR
DelfIno “chIno” conSunjI - Pe
Bs: Civil Engineering
pe: Professional Engineer, #57908
Former City Engineer/Director of Public
Works: Downey, West Covina, Brea, Norwalk
Sub -conSultant
278
ScoPe of WoRK
The following is our scope of work for design engineering services integrated with the site-specific tasks outlined in the City’s Request for Proposal, to which no exceptions are taken.
Site ReSeaRch PhaSe
1.1 | meetinGS
- Meeting Minutes and Agenda (digital copies)
- Project Schedule Updates (digital copies)
OE will coordinate and lead the following meetings:
• Kick-Off Meeting.
• Bi-Weekly Progress Meetings ( 4 total).
• 60% and 90% Plan Check Meetings ( 2 total)
1.2 | ReSeaRch anD RevieW available Data
- Copies of Existing Records (digital copies)
The OE team will compile and review all available records and documents from the City and other third-party sources including:
• As-Built Plans/Atlas Maps (i.e. sewer, storm, water, traffic signals, utilities). • Survey Data (i.e. topography, aerial photographs, centerlines, monuments, property boundaries). • Pavement Management Plans.
• Geotechnical Investigation Reports.
1.3 | utilitY ReSeaRch anD notification
- Utility contact matrix (digital copy) - First, second, and final utility notices (digital copies) - Utility owner correspondence and records (digital copies) The utility research and notification will consist of the following tasks:
• Compile a contact information list of potential utility owners utilizing City and DigAlert records. • Prepare the first utility notice following kick-off meeting to inform utility owners of the upcoming project and request information pertaining to their utilities such as verification of the sizes, depths, and locations of their underground lines, facilities, and substructures within the project vicinity. • Prepare the second utility notice following completion of 60% plans to provide utility owners with the plans and prompt them to identify any revisions they require to the information related to their utilities.
Additionally, identify any utilities that require relocation. • Prepare the final utility notice following completion of the 100% plans to provide utility owners with the final plans, provide additional details regarding the upcoming construction activities, and provide final notice that utilities must be relocated immediately if not already completed. • Create a utility contact matrix to summarize utility owner contact information and track receipt of as- built information.
1.4 | DRone maPPinG
- Aerial photographs (digital copies)
Aerial photographs will be taken within the project limits to document site features, utility appurtenance locations, and striping configurations.
1.5 | Geotechnical Inve StiGation
- Geotechnical Investigation Report (digital copies and hard copies) A geotechnical investigation will be conducted by Noorzay Geotechnical Services. The scope of work is as follows:
• Mark coring locations.
• Obtain no-fee encroachment permits from City.
• Call USA to mark utilities.
SECTION 2 : Scope of Work
Onward Engineering | Design Smarter. Build Better.
| 3
Request for Proposal, for the City of Lynwood, Design
Services for the FY 25 Annual Street Improvement Project 279
• Provide traffic control in accordance with the MUTCD. • Advance 1 borehole on each street segment (11 cores total). • Backfill boreholes and finish surface with cold patch asphalt. • Conduct laboratory testing including: R-values (11 R-values total). • Prepare a Geotechnical Investigation Report with a summary of pavement and soil conditions, as well as design recommendations for the new pavement structural sections.
Allowances have not been included for capping boreholes with hot-mix asphalt, or utilizing specialized drilling rigs to drill through macadam pavement or gravel/cobbles. These items can be included in the geotechnical scope of work for an additional cost.
1.6 | toPoGRaPhic SuRveY
- Survey data files (digital copies) - Autocad survey base map (digital copy) A topographic survey will be conducted by OE . The survey will be limited to streets requiring reconstruction and will include the following tasks:
• Establish horizontal control referencing the California Coordinate System of 1983 (CCS83) and vertical control referencing the North American Vertical Datum 1988.
• Survey centerline monuments and ties to establish centerline and right-of-way alignments. • Survey street cross sections at 50-foot intervals. The standard cross-sectional data will consist of Right-of- Way, Back of Walk, Top of Curb, Flow Line, Gutter Lip, and Crown for both sides of the street. • Survey visible utility appurtenances within the street right-of-way.
PReliminaRY DeSiGn PhaSe
2.1 | baSe maPS
- Right-of-way, street, and utility AutoCAD base maps (digital copies) The following base maps will be prepared in AutoCAD:
• Centerline and ROW (utilizing gis maps, tract maps).
• Existing street layout (utilizing aerial photographs, field observations). • Existing utilities layout (utilizing atlas maps, and as-built plans).
2.2 | Site evaluation
- Site evaluation notes and photographs (digital copies) OE will schedule a site evaluation following completion of the base maps to gather the following information:
• Confirm base map accuracy.
• Verify records drawings and data.
• Evaluate existing site conditions.
• Identify proposed improvements within the City and private property right-of-ways. • Inventory roadway signage and existing pavement markings. • Collect street level photographs of key project areas.
2.3 | 60% PS& e
- 60% Plans (digital copy) - 60% Specifications (digital copy) - 60% Cost Estimate (digital copy) PLANS
The plans will be drafted using the City’s standard title block, notes, and formatting, as well as conventional line styles. All plans will be developed using the latest AutoCAD Civil 3D software at the following scales unless instructed otherwise by the City:
Sheet Type Horizontal Scale Vertical Scale
Title Sheet N/A N/A
Typical Sections NTS NTS
Ramp Details (If Requested) 1” = 5’ N/A
Driveway Details (If Requested) 1” = 5’ N/A
Street Improvement Plans and Profiles 1” = 20’ 1” = 4’
Striping Plans* 1” = 40’ N/A
*Striping plans shall be enhanced with the inclusion of parking brackets on all street segments.
SECTION 2 : Scope of Work
| 4
Request for Proposal, for the City of Lynwood, Design
Services for the FY 25 Annual Street Improvement Project 280
Designs will adhere to the latest editions of the governing standards for each design component which may include the following:
Design Element
Americans with
Disabilities Act
Standards for
Accessible Design
Caltrans California
Manual on Uniform
Traffic Devices
Caltrans
Standard
Plans
City of Lynwood
Standard Plans
Standard Plans for
Public Works
Construction
Pavement
Improvements X X
Concrete
Infrastructure
Reconstruction X X X
Signing and
Striping X X
SPECIFICATIONS
Development of the Specifications will include the following tasks:
• Acquire boilerplate templates from the City.
• Update template text to include project specific information. • Update Project Bid Schedule to match cost estimate bid items and quantities. • Check that General Provisions and Special Provisions section numbering, and titles match the referenced edition of the Standard Specifications for Public Works Construction (Greenbook). • Add pay clauses to Special Provisions that match Project Bid Schedule. • Add any additional provisions requested by the City or deemed necessary due to the project design and construction.
COST ESTIMATE
Development of the Cost Estimate will include the following tasks:
• Review cost templates provided by the City to verify typical bid items and descriptions. • Compile quantities based on measurements from AutoCAD design files. • Develop unit rate construction costs from recently awarded projects based on data from the following sources:
- PlanetBids.
- Bid summaries from recent City projects.
- Bid summaries from recent OE projects.
- Caltrans Construction Cost Database.
SUBMITTALS
Electronic copies of the plans, specifications, and cost estimate will be submitted to the City for review and feedback. OE will coordinate a Plan Check Meeting with the City following completion of their review. final DeSiGn PhaSe
3.1 | 90% PS&e
- 90% Plans (digital copy) - 90% Specifications (digital copy) - 90% Cost Estimate (digital copy) - Submittal review comments/responses and red-lined plans (digital copies) The 90% plans, specifications, and cost estimate will be prepared following the same processes described in the 60% submittal tasks.
SUBMITTAL
Electronic copies of the plans, specifications, and cost estimate will be submitted to the City for review and feedback. A summary of the submittal review comments and scanned red-lined plans in electronic format will also be provided. OE will coordinate a Plan Check Meeting with the City following completion of their review.
3.2 | 100% PS&e
- 100% Plans (hard copies – 24” x 36” format – signed and stamped) - 100% Specifications (1 hard copy ) - 100% Cost Estimate (1 hard copy) - Complete PS&E Package (digital copies – USB thumb drive) - AutoCAD and PDF design files (digital copies – USB thumb drive) - Submittal review comments/responses and red-lined plans (digital copies) The 100% plans, specifications, and cost estimate will be prepared following the same processes described in SECTION 2 : Scope of Work
| 5
Request for Proposal, for the City of Lynwood, Design
Services for the FY 25 Annual Street Improvement Project 281
the 60% and 90% submittal tasks.
SUBMITTAL
Electronic and physical copies of the plans, specifications, and cost estimate will be submitted to the City for review and feedback. A summary of the submittal review comments and scanned red-lined plans in electronic format will also be provided.
biD aSSiStance/conStRuction Su PPoRt
4.1 | biD aSSiStance/conStRuction SuPPoRt
- Responses to design inquiries (digital copies) - As-built drawings (hard copies - 24” x 36” format on bond paper – signed and stamped) - Autocad and PDF design files ( digital copies – USB thumb drive) OE will provide the following ongoing support services during the bid and construction phases:
BID PHASE
• Attend pre-bid meeting.
• Prepare responses to Requests for Information ( 4 RFIs). • Prepare contract addenda ( 2 addenda).
CONSTRUCTION PHASE
• Attend pre-construction meeting.
• Respond to RFIs ( 8 RFIs).
• Review submittals ( 12 submittals).
• Attend progress meetings or conduct field inspections as required ( 4 site visits). • Prepare as-built plans.
Revisions to the PS&E package or providing additional administrative support can be done at the City’s request on a time and material basis using the hourly rates in our fee proposal. Additionally, we can provide full-service construction management and inspection services upon City request. oPtional taSKS
a | cuStom RamP DeSiGn DetailS
- Ramp design details (included with plan submittals)
Comprehensive design details will be prepared for ramps that are not ADA compliant and are determined to be too complex for the contractor to reconstruct by referencing SPPWC standard details. The ramp details will include horizontal geometry, design elevations, and utility adjustments. b | cuStom DRiveWaY DeSiGn DetailS
- Driveway design details (included with plan submittals) Comprehensive design details will be prepared for driveways that are not ADA compliant and are determined to be too complex for the contractor to reconstruct by referencing SPPWC standard details. The driveway details will include horizontal geometry, design elevations, and utility adjustments.
SECTION 2 : Scope of Work
| 6
Request for Proposal, for the City of Lynwood, Design
Services for the FY 25 Annual Street Improvement Project 282
ID taSKS
Site ReSeaRch PhaSe 32 9/2/24 10/15/24
1 Kick-Off Meeting 1 9/2/24 9/2/24
2 Research and Review Available Data 1 9/3/24 9/3/24
3 Utility Research and Notification (First Notice) 2 9/4/24 9/5/24 4 Geotechnical Investigation 30 9/4/24 10/15/24
5 Drone Mapping 1 9/4/24 9/4/24
6 Topographic Survey 5 9/5/24 9/11/24
PReliminaRY DeSiGn PhaSe 31 9/12/24 10/24/24
7 Base Maps 5 9/12/24 9/18/24
8 Site Evaluation 1 9/19/24 9/19/24
9 60% PS&E 15 9/20/24 10/10/24
10 Utility Research and Notification (Second Notice) 2 10/11/24 10/14/24 11 Submit 60% PS&E to City 1 10/11/24 10/11/24
12 City Review of 60% PS&E 10 10/11/24 10/24/24
final DeSiGn PhaSe 29 10/25/24 12/4/24
13 90% PS&E 12 10/25/24 11/11/24
14 Submit 90% PS&E to City 1 11/12/24 11/12/24
15 City Review of 90% PS&E 10 11/12/24 11/25/24
16 100% PS&E 5 11/26/24 12/2/24
17 Submit 100% PS&E to City 1 12/3/24 12/3/24
18 Utility Research and Notification (Final Notice) 1 12/4/24 12/4/24 biD aSSiStance/conStRuction SuPPoRt PhaSe 1 TBD TBD
19 Bid Assistance/Construction Support 1 TBD TBD
enDbeGInDaYS
september
october 1 1 1110 1015 1520 2025 2530 305 5
november
december 10 1015 1520 2025 2530 305 5
2024
sCheDULe
SECTION 3 : Schedule
300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Onward Engineering | Design Smarter. Build Better. | 7
Request for Proposal, for the City of Lynwood, Design
Services for the FY 25 Annual Street Improvement Project 283
Fee proposaL
SECTION 4 : Fee Proposal
300 S. Harbor Blvd.
Suite 814
Anaheim, CA. 92805
Onward Engineering | Design Smarter. Build Better.
|
Request for Proposal, for the City of Lynwood, Design
Services for the FY 25 Annual Street Improvement Project City of Lynwood- FY 25 Street Improvement Project
Sub -conSultant S
SIte ReSeaRch PhaS e taSK 1
1.1 Meetings 20 12 32 $5,500.00 $- $5,500.00
1.2 Research and Review Available Data 8 8 16 $2,680.00 $- $2,680.00
1.3 Utility Research and Notification 8 32 40 $6,280.00 $- $6,280.00
1.4 Drone Mapping 8 8 $1,200.00 $- $1,200.00
1.5 Geotechnical Investigation 8 2 10 $1,780.00 $18, 170.00 $18, 170.00 $19,950.00
1.6 Topographic Survey 4 8 48 60 $18,260.00 $- $18,260.00 SUB-TOTAL 0 48 70 48 166 $35,700.00 $18, 170.00 $18,170.00 $53,870.00 PRelImInaRY DeSIGn PhaSe taSK 2
2 .1 Base Maps 4 60 64 $9,740.00 $- $9,740.00
2.2 Site Evaluation 2 8 10 $1,570.00 $- $1,570.00
2.3 60% PS&E 8 24 120 152 $24,240.00 $- $24,240.00 SUB-TOTAL 8 30 188 0 226 $35,550.00 $- $- $35,550.00 fInal DeSIGn PhaS e taSK 2
3 .1 90% PS&E 6 20 80 106 $17,050.00 $- $17,050.00
3.2 100% PS&E 2 6 24 32 $5,160.00 $- $5, 160.00
SUB-TOTAL 8 26 104 0 138 $22,210.00 $- $- $22,210.00 bID a SSIS tance/conStRuctIon S uPPoRt PhaSe oPtIonal
4 .1 Bid Assistance/Construction Support 46 36 82 $13,910.00 $- $13,910.00 SUB-TOTAL 0 46 36 0 82 $13,910.00 $- $- $13,910.00 ToTaL hoUrs anD CosTs 612 $107,370.00 $18, 170.00 $18, 170.00 $125,540.00 oPtIonal ta SKS oPtIonal
A Custom Ramp Design Details (Per Ramp) 0.5 0.5 8 9 $1,405.00 $1,405.00 B Custom Driveway Design Details (Per Driveway) 0.5 0.5 6 7 $1,105.00 $- $- $1, 105.00 oe
total hou RS
GRAND
Sub-
conSultant
Sub-total
coSt
oe
Sub-total
coSt
qa/qc
Manager
$225.00
houRlY
PRoject
Manager
$185.00
houRlY
PRoject
engineers
$150.00
houRlY
2-PeRSon
sUrVeY Cre W
$340.00
houRlY
onWaRD en GInee RInG
Geotechn Ical
SeRvIceS
nOOrZaY
lS
citY of lYnWooD- fY 25 StReet ImPRovement PRoject
284
1 PROFESSIONAL SERVICES AGREEMENT
This agreement (“Agreement”) is made as of October 1, 2024 by and between the City of Lynwood, a municipal corporation ("City") and Onward Engineering (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as the “Parties.”
R E C I T A L S
WHEREAS, City desires to utilize the services of Consultant as an independent contractor to [insert brief description of work] as set forth in the Scope of Services attached hereto as Exhibit A; and
WHEREAS, Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows:
1. Company's Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit A.
2. Term of Agreement. This Agreement shall commence on [Insert month and date], [Insert year] (the “Commencement Date”) and shall remain and continue in effect until tasks described in Exhibit A are completed, but in no event later than [Insert Date], unless sooner terminated pursuant to the provisions of this Agreement.
3. Compensation.
A. City agrees to compensate Consultant for services under this Agreement in compliance with the schedule set forth in Exhibit A. Consultant shall submit proper monthly invoices in the form and manner specified by City. Each invoice shall include a monthly breakdown of all monthly services performed together with the hours spent on each service. Consultant shall maintain appropriate and necessary documentation supporting the monthly invoices detailing the type of service provided. It shall be available for review by the City at all reasonable times upon request.
B. Total payment to Consultant pursuant to this Agreement shall not exceed $125,540.
C. If at the request of the City, Consultant is required to incur out of pocket expenses (including but not limited to, out-of-town travel and lodging) which are above and beyond the ordinary expenses associated with performance of this Agreement, Consultant shall be entitled to reimbursement of such expenses. Consultant shall only be reimbursed for those expenses which: (I) appear on Consultant’s monthly invoices; (II) are accompanied by a copy of the City’s written authorization for Consultant to incur 285
2 such expenses; and (III) receipts documenting such expenses.
4. General Terms and Conditions. The General Terms and Conditions set forth in Exhibit B are incorporated as part of this Agreement. In the event of any inconsistency between the General Terms and Conditions and any other exhibit to this Agreement, the General Terms and Conditions shall control unless it is clear from the context that both parties intend the provisions of the other exhibit(s) to control.
5. Addresses.
City of Lynwood
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Attn: Julian Lee, Interim City Manager
Company
Onward Engineering
Attn: Majdi Ataya
6. Exhibits. All exhibits referred to in this Agreement are listed here and are incorporated and made part of this Agreement by this reference.
Exhibit A – Scope of Services and Compensation Schedule Exhibit B – General Terms and Conditions
SIGNATURES ON FOLLOWING PAGE
286
3 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below.
CITY
CITY OF LYNWOOD
By: ______________________________ ______________________ Jose Luis Solache, Mayor Date
CONSULTANT
Onward Engineering
By: _______________________________ ________________________ Majdi Ataya Date
ATTEST:
By: ______________________________ ________________________ Maria Quinonez, City Clerk Date
APPROVED AS TO FORM:
By: ______________________________ ________________________ Noel Tapia, City Attorney Date
287
1 EXHIBIT A
SCOPE OF WORK
288
1 EXHIBIT B
GENERAL TERMS AND CONDITIONS
1. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of the City of Lynwood or otherwise act on behalf of Lynwood as an agent. Neither the City of Lynwood nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City of Lynwood.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interests asserted against City by reason of the independent Consultant relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent status of Consultant and the audit in any way fails to sustain the validity of a wholly independent Consultant relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant’s employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 1.
D. Consultant represents to the City, and City relies on Consultant’s representations, that Consultant shall serve solely in the capacity of an independent contractor to the City. Neither the City nor any of its agents will have control over the conduct of Consultant or any of Consultant’s employees, except as otherwise set forth in the Agreement. Consultant may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. The City has no duty, obligation, or responsibility to the Consultant’s agents or employees, including the Affordable Care Act coverage requirements. Consultant is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents and employees under the Affordable Care Act with respect to Consultant’s agents and employees. Consultant warrants and represents that the City will not be responsible and will not be held liable for issues related to Consultant’s status as an independent contractor, including Consultant’s failure to comply with Consultant’s duties, obligations, and responsibilities under the Affordable Care Act.
Consultant further agrees to defend, indemnify, and hold the City harmless for any and 289
2 all taxes, claims, and penalties against the City related to Consultant’s obligations under the Affordable Care Act.
2. Standard of Performance
Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or his/her designee. No additional or different tasks or services shall be performed by Consultant other than those specified in Exhibit A.
3. Indemnification.
A. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform said services and duties.
B. City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnities") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, defend, protect and hold harmless Indemnities from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which Indemnities may suffer or incur or to which Indemnities may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or other loss occurring as a result of or allegedly caused by Consultant’s performance of or failure to perform any services under this Agreement or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, subcontractor, sub consultant or employees, committed in performing any of the services under this Agreement. Notwithstanding the foregoing, the provisions of this subsection shall not apply to Claims occurring as a result of the City’s sole negligence or willful acts or omissions.
C. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, sub consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required in this Section, Consultant agrees to be fully responsible according to the terms of this Section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on City and will in no way serve as a waiver of any rights hereunder. This obligation to indemnify and defend Indemnities as set forth herein shall survive the termination of this Agreement and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to City.
290
3 4. Insurance.
A. Without limiting Consultant’s indemnification of Indemnities pursuant to Section 3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement the types and amounts of insurance as described below:
(I) Consultant shall maintain Commercial General Liability Insurance with coverage at least as broad as Insurance Services Office Commercial General Liability Form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(II) Consultant shall maintain Business Auto Coverage on ISO Business Auto Coverage Form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(III) Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with on a state approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for all covered losses;
(IV) Consultant shall maintain Professional Liability or Errors and Omissions Insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate.
Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
B. City, its officers, officials, employees and volunteers shall be named as additional insureds on the policy(ies) as to commercial general liability and automotive liability.
C. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
291
4 D. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to CITY via certified mail, return receipt requested, addressed to “Director of Human Resources & Risk Management,” City of Lynwood, 11330 Bullis Road, Lynwood, California, 90262. Consultant agrees that it will not cancel, reduce or otherwise modify said insurance coverage.
E. Consultant shall submit to City (I) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (II) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City’s appropriate standard forms entitled "Additional Insured Endorsement".
F. Consultant’s insurance shall be primary as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees and volunteers shall be excess of Consultant’s insurance and shall not contribute with it.
G. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost. City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant’s and the cost of such insurance may be deducted, at the option of City, from payments due Consultant.
5. Release of Information/Confidentiality.
A. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. Consultant’s covenant under this section shall survive the termination of this Agreement.
B. Consultant shall promptly notify City should Consultant, its officers, 292
5 employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response
6. Ownership of Work Product.
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by the City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of the City or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit the City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
7. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it.
Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary or 293
6 otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by Consultant’s covenants under this section shall survive the termination of this Agreement.
8. Termination. Notwithstanding any other provision, this Agreement may be duly terminated at any time by the City at its sole discretion with or without cause by serving upon the consultant at least ten (10) days prior written notice (“Notice of Termination”).
Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Unless expressly agreed upon in writing by the City, the City shall not be obligated to pay for any services rendered nor any costs or expenses paid or incurred after the date of termination. The effective date of termination shall be upon the date specified in the written Notice of Termination.
Consultant agrees that in the event of such termination, Consultant must refund the City its prorated share, except for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written Notice of Termination, Consultant shall discontinue performing services, preserve the product of the services and upon payment for services, turn over to City the product of the services in accordance with written instructions of City.
In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City.
9. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.
Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises.
10. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by 294
7 or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.
11. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant obligations hereunder, without the prior written consent of City, and any attempt by Consultant to assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.
12. Performance Evaluation. For any Agreement in effect for twelve months or longer, the City Manager may require a written annual administrative performance evaluation within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein.
13. Compliance with Laws. Consultant shall keep itself informed of State, Federal and Local laws, ordinances, codes and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. Consultant shall at all times comply with such laws, ordinances, codes and regulations. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.
14. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect all licenses (including a City business license) required of it by law for performance of the services hereunder.
15. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.
16. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this 295
8 Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and Consultant.
17. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Consultant regular business hours or by facsimile before or during Consultant regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.
18. Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. However, the Parties may agree to submit any dispute to non-binding arbitration.
19. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.
20. Severability. If any provision or any part of any provision of this Agreement is found to be invalid or unenforceable, the balance of this Agreement shall remain in full force and effect.
21. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the Mayor and attested by the City Clerk.
22. Authority. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
23. Force Majeure. A Party’s performance of any obligation under this Agreement shall be suspended if, and to the extent that, the Party is unable to perform because of any event of Force Majeure. In any such event, the Party unable to perform shall be required to resume performance of its obligations under this Agreement upon the termination of the event or cause that excused performance hereunder. “Force Majeure” herein means an event which is beyond the reasonable control of a Party, 296
9 including without limitation, (a) acts of God including flood, fire, earthquake, hurricane or explosion, pandemic; (b) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (c) government order or law that prevents either Party from performing its obligations as set forth in this Agreement; (d) actions, embargoes or blockades in effect on or after the date of this Agreement; (e) action by any governmental authority that prevents either Party from performing its obligations as set forth in this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances, other than those involving the affected parties employees; (h) shortage of adequate power or transportation facilities.
Neither Party shall be liable for any delay or default in, or failure of, performance resulting from or arising out of any Force Majeure event, and no such delay, default in, or failure of performance shall constitute a breach by either Party hereunder. Where a Force Majeure event gives rise to a failure or delay in either Party performing its obligations under this Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure event. A Party who becomes aware of a Force Majeure event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this Agreement, will forthwith notify the other and inform the other of the period for which it is estimated that such failure or delay will continue. The affected Party shall take reasonable steps to mitigate the effects of the Force Majeure event.
297
AGENDA STAFF REPORT
DATE:
October
1, 2024
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Julian Lee, Interim City Manager
PREPARED BY:
Luis Cuellar, City Treasurer
Sheila Harding, Deputy City Treasurer
SUBJECT:
TREASURER'S STATEMENT OF INVESTMENT POLICY
Agenda Item # 10.1.
Recommendation:
Staff recommends that the Lynwood City Council review the Statement of Investment Policy and adopt the resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD, APPROVING THE CITIES ANNUAL STATEMENT OF INVESTMENT POLICY."
Background:
The investment policies and practices of the City of Lynwood are based on state laws and principles of prudent money management. This statement is intended to provide guidelines for the prudent investment of idle and surplus cash, while meeting the short and long-term cash flow demands. This report is submitted annually for City Council's review. The primary goals of these policies are:
To assure compliance with all federal, state, and local laws governing the investment of monies under the control of the Treasurer.
To protect the principal and asset holdings of the City's portfolio.
To ensure that adequate liquidity is provided for the prompt and efficient handling of City disbursements.
To generate the maximum amount of investment income within the parameters of these investment policies and guidelines for suitable investments.
Discussion and Analysis:
City Council City Council Regular Meeting 298
The aim of this document is to provide the necessary clarity and suggest the parameters that will guide the City's cash investment strategy. Cities are required to review their Investment Policy and Strategy and seek council's approval annually. The Investment Policy has been amended to update Section 8.0, Authorized and Suitable Investments to include Joint Powers Authority (JPA). Joint powers authorities are particularly widely used in California where they are permitted under Section 6502 of the Government Code.
It is the Policy of the City of Lynwood, that giving due regard to the safety and risk of investment, all available funds shall be managed in conformance with these legal and administrative guidelines (the Policy) and, to the maximum extent possible, surplus funds shall be invested at the highest rates obtainable at the time of investment. Adequate operating funds shall be maintained in a depository institution(s), which affords the City safety with respect to its funds, as well as the ability to meet all of the City's cash receipts and disbursement needs.
On February 20, 2024, the City Council discussed the Treasurer’s Investment Policy and recommended that the Finance Ad Hoc Committee to review and recommend any changes if needed. On May 29, 2024, the Finance Ad Hoc Committee reviewed the Treasurer’s Investment Policy and recommended revising the Investment Policy to prohibit new investments or the renewal of existing investments in firms that are predominantly in the business of exploration, production, drilling and/or refining of coal, petroleum, oil, and/or natural gas. Attached are both the original Treasurer’s Investment Policy and the revised policy with the recommended changes from the Finance Ad Hoc Committee meeting to be reviewed and considered for approval by the City Council.
Fiscal Impact:
It is the City Treasurer's opinion that the recommended changes to prohibit new investments or the renewal of existing investments in firms predominantly engaged in the exploration, production, drilling, and refining of coal, petroleum, oil, and natural gas could negatively impact the City's ability to invest in safe and reliable instruments that are essential for maintaining adequate cash flow.
The policy change restricts the City's investment options, potentially limiting access to some of the most secure and high-yield investments available. Historically, the oil and gas sector has provided stable returns and liquidity, which are crucial for meeting the City’s short-term and long-term cash flow needs. By excluding this sector, the City may be forced to invest in less secure or lower-yielding alternatives, which could compromise the safety, liquidity, and returns of the investment portfolio.
The reduction in viable investment options could result in lower overall returns, thereby City Council City Council Regular Meeting 299
Treasurer's Investment Policy - 2024.docx
Treasurer's Investment Policy - 2024 (Revised Per Finance Committee Recommendation).docx
Resolution - Treasurer's Investment Policy.docx
affecting the City's ability to generate the maximum amount of investment income within the legal and policy guidelines. This reduction in revenue can have long-term consequences on the City's financial stability and its ability to fund essential services and projects.
Furthermore, the recommendation does not take into account the current legal and market conditions that guide prudent investment decisions. It is important to maintain flexibility in the Investment Policy to adapt to changing economic environments while adhering to the core principles of safety, liquidity, and yield.
Coordinated With:
City Manager’s Office
City Attorney's Office
Meeder Investment formerly FHN Financial Main Street Advisors ATTACHMENTS:
Description
City Council City Council Regular Meeting 300
Revised January 16, 2024
PURPOSE
The purpose of this Statement of Investment Policy (“Policy”) is to establish guidelines for the prudent investment of the City of Lynwood’s idle cash or reserve cash and outlines the policies essential to ensure the safety and financial strength of the City’s investment portfolio.
This policy is based on the principles of prudent money management and conforms to all applicable Federal and State Laws governing the investment of public funds under the control of the Treasurer.
1.0 POLICY:
Annually, in accordance with California Government Code (CGC) Section 53646, the Treasurer will render to the City Council a Statement of Investment Policy for consideration and approval at a public meeting. Any investments currently held at that time that do not meet the guidelines of this policy, as changed from time to time by the City Council, shall be exempt from the requirements of this policy.
However, at the investment maturity or liquidation, such funds shall be reinvested only as provided by this policy, which offer guidance to brokers and any external investment advisors on the investment of City funds. This investment policy applies to all investment activities of the City, except for the Employees Retirement and Deferred compensation funds are excluded because it is separately managed by a third-party administrator. This policy applies to all City funds, except for bond proceeds that are managed by trustees. Trustees must comply with the provision of bond’s indenture agreements.
2.0 SCOPE:
Policy statements outlined in this document apply to the City’s pooled funds, as well as other financial assets under the City Treasurer’s control unless exempted by resolution or by statute. These funds are accounted for in the City of Lynwood Comprehensive Annual Financial Report (CAFR), and include:
General Fund
Special Revenue Funds
Capital Project Funds
Enterprise Funds
Trust and Agency Funds
Retirement Pension Funds
Internal Service Funds
Fiduciary-Agency Fund
Any new fund created by the City Council unless specifically exempted All monies entrusted to the Treasurer shall be invested in accordance to California Government Code Section 53601, 53602 and 53635.
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2 3.0 PRUDENCE:
The standard of prudence to be used by investment officials shall be the “prudent investor” standard (CGC Section 53600.3) and shall be applied in the context of managing an overall portfolio which states that:
“a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims to safeguard the principal and maintain the liquidity needs of the City”.
At the time of purchase, it is the City’s intent to hold all investments until maturity to ensure the return of all invested principal. However, it is recognized that market prices of securities will vary depending on economic and interest rate condition at any point in time.
The City Treasurer, and other individuals who may be designated to manage the City’s investment portfolio, when acting within the intent and scope of this investment policy and other authorized written procedures, and when exercising due diligence, are relieved of personal liability for the individual security’s credit risk or market price change of a security or other investment, provided that deviations from expectations are reported to the City of Lynwood in a timely manner and that appropriate action is taken to mitigate unforeseen adverse conditions.
4.0 OBJECTIVES:
Within the overriding requirement of compliance with all Federal, State and local laws governing the investment of moneys under the control of the Treasurer, and as specified in CGC Section 53600.5, when investing, reinvesting, purchasing, acquiring, exchanging, selling or managing public funds, the primary objective of a trustee shall be to safeguard the principal of the funds under its control. The secondary objective shall be to meet the liquidity needs of the depositor. The third objective shall be to achieve a market rate of return on the funds under its control.
Taking into account the City’s daily and periodic cash flow needs, the City desires to invest all temporarily idle funds as close to 100% as is reasonably possible. At least 30% of the overall investment portfolio will be comprised of investments maturing in one year or less. No single investment shall be purchased with a term to maturity at the date of purchase that exceeds 5 years, except as special circumstances dictate and with the expressed approval of the City Treasurer.
The basic goal of the City’s investment policy is to ensure safety and availability of temporarily idle funds when they are needed. The primary objectives, in priority order, of the investment activities shall be:
Safety: Safety of principal is the foremost objective of the investment program. Each investment transaction must seek to ensure that capital losses are avoided, whether from securities default, broker-dealer default, 302
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3 or erosion of market value. The City will endeavor to preserve principal by mitigating both credit risk and market risk, as specified below.
Credit risk, which is defined as the risk of loss due to insolvency or other failure of the issuer of a security, must be mitigated by purchasing investment grade securities and by diversifying the investment portfolio so that the failure of any one issuer does not unduly harm the City’s capital base and cash flow.
Market risk, which is defined as market value fluctuations, must be mitigated by limiting the average maturity of the City’s investment portfolio to three years, limiting the maximum maturity of any one security to five years, structuring the portfolio to take into account historic and current cash flow analysis, eliminating the need to sell securities for the sole purpose of short term speculation.
Liquidity: Because the City operates its own water utility and bills monthly for utility services, cash flow is generated on a daily basis. Historical cash flow trends must be compared to current cash flow requirements on an ongoing basis to ensure that the City’s investment portfolio will remain sufficiently liquid to enable the City to meet all reasonable anticipated operating requirements. In managing City funds for cash flow needs, it is generally not the intention to liquidate a security prior to maturity in order to meet expected cash flow needs. However, it is important that when exceptional conditions require, and there are unexpected cash flow demands, a security sale can be done quickly.
Return on the Investment : The investment portfolio shall be designed and managed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment objectives, authorized investments and the cash flow needs of the City.
5.0 DELEGATION OF AUTHORITY:
In accordance with Section 53607 of the Government Code, the City of Lynwood management responsibility for the investment program is hereby delegated to the Treasurer, who shall be responsible for all transactions undertaken and shall establish a system of control to regulate the activities of subordinate officials, and their procedures in the absence of the Treasurer. Under the provision of CGC Section 53600.3, the Treasurer is a trustee and a fiduciary subject to the prudent investor standard. The City may delegate to the City Treasurer the authority to invest or reinvest City funds for a one-year period.
The Treasurer may delegate all, or a portion of his/her investment authority to a Deputy City Treasurer. Prior to the delegation of the investment authority to a Deputy City Treasurer, the Treasurer shall notify the City council and request confirmation of the delegation. Delegation of investment authority will not remove or abridge the Treasurer’s investment responsibility.
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4 The City may engage the services of one or more external investment managers to assist in the management of the City’s investment portfolio in a manner consistent with the City’s objectives. Such external managers may be granted discretion to purchase and sell investment securities in accordance with this Investment Policy.
The Treasurer shall establish written investment policy procedures for the operation of the investment program consistent with this policy. The procedures should include reference to: safekeeping, wire transfer agreements, banking service contracts and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Treasurer.
The Treasurer and Deputy Treasurer shall attend at least one training session within twelve months after taking office or being appointed, and at least annually thereafter. The training session should be sponsored by a professional organization, such as, but not limited to: Government Finance Officers Association (GFOA), California Society of Municipal Finance Officers (CSMFO), Municipal Treasurers Association of the United States & Canada (MTA, US&C), California Municipal Treasurer Association (CMTA), and Government Investment Officers Association (GIOA). Training must include some or all of the following components: investment controls, security risks, strategy risk, market risks, and compliance with Federal, State and local laws.
6.0 ETHICS AND CONFLICT OF INTEREST:
Elected officials, City officers, employees and any other individual involved in the investment operations are prohibited from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions, or which could give the appearance thereof. Furthermore, these same individuals shall disclose any material financial interest in financial institutions that conduct business within their jurisdiction, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City. The Treasurer shall immediately disclose any financial interest which is subject to disclosure under the California Political Reform Act or would constitute a conflict of interest under Government Code Section 1090 to the City Manager. All other City Investment Officials shall immediately disclose any financial interest which is subject to disclosure under the California Political Reform Act or would constitute a conflict of interest under Government Code Section 1090 to the City Manager.
7.0 AUTHORIZED DEALERS AND INSTITUTIONS:
The City may conduct investment transactions only with banks, savings and loans associations, and registered broker-dealers. Any investments other than those purchased directly from an issuer must be purchased from (i) an individual or entity licensed by the State as a broker-dealer, as defined in Section 25004 of the Corporations Code, and which is a member of the Financial Industry Regulatory Authority, (FINRA) or (ii) from a member of a federally-regulated securities 304
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5 exchange, or (iii) a national or state charted bank; or (iv) a federal or state association (as defined by Section 5102 of the Financial Code); or (v) a brokerage firm designated as a primary government dealer by the Federal Reserve Bank.
The City Treasurer, either directly or through an authorized party, must investigate and evaluate all financial institutions, on an annual basis, that desire to do business with the City in order to determine whether they are adequately capitalized and whether they make markets in securities that are appropriate to the City’s needs.
This may be accomplished by the following: a financial institution to complete and return an appropriate questionnaire, audited financial statements and proof of Financial Industry Regulatory Authority (FINRA) registration and good standing.
Nothing in this section precludes the City from engaging the services of a Registered Investment Advisory firm to assist the City, on a discretionary basis, with the investment of the City’s portfolio.
8.0 AUTHORIZED AND SUITABLE INVESTMENTS:
Investments must be made in accordance with the “Prudent Investor Rule” that is cited under the heading “Prudence.”
The City is subject to California Government Code, Sections 53600 et seq. within the context of these limitations, the following investments are authorized, subject to the restrictions noted below:
A. United States Treasury Obligations, Bills, Notes, and Bonds or similar instruments for which the full faith and credit of the United States is pledged for payment of principal and interest. There is no limitation on the percentage of the City’s surplus funds that can be invested in these instruments. The maximum maturity period may not exceed 5 years.
B. US Agency and/or Obligations, Securities that represent an obligation of several agencies or instrumentalities which administer selected lending programs of the U.S. Government. These agencies include, but are not limited to, obligations issued by banks for cooperatives, federal land banks, federal intermediate credit banks, the Federal Home Loan Board (FHLB), Federal Home Loan Mortgage Corporation (FHLMC), Federal Farm Credit Bank (FFCB), and the Federal National Mortgage Association (FNMA).
Although there is no percentage limitation on investments in these obligations, the “Prudent Investor Rule” applies to obligations issued by any of these agencies, because U.S. Government backing is implied rather than guaranteed. The maximum maturity period may not exceed 5 years.
C. Commercial Paper rated “P-1” by Moody’s Investor Services or “A-1” by Standard & Poor’s, and issued by a domestic corporation having assets in excess of $500,000,000 and has a long-term debt rating of “A2” or higher by Moody’s or “A” or higher rating by S&P. The purchase of eligible commercial paper may not exceed 270 days maturity nor represent more than 5% of the outstanding paper of an issuing corporation. No more than 2% of the market value of the portfolio may be invested in commercial paper issued by one corporation. Medium term corporate holdings must be 305
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6 included when calculating this 2% limitation. The Purchase of commercial paper not to exceed 25% of the City’s surplus funds.
D. FDIC Insured Certificates of Deposit issued by a nationally or state- chartered bank, or a state of federal savings and loan association, or by a state-licensed branch of a foreign bank. The invested amount per institution shall not exceed the current FDIC insured limit (currently $250,000). Purchases of eligible FDIC insured certificates of deposit shall not exceed five years to maturity.
E. Negotiable Certificates of Deposit issued by a national or state-charted bank or a state or federal saving and loan association. Negotiable certificates of deposit may not exceed 30% of the City’s total portfolio.
Certificates purchased from a bank may not exceed 30% of the City’s total portfolio. Certificates purchased from a bank may not exceed the shareholder’s equity in the bank. Certificates over $500,000 purchased from savings and loan associations may not exceed the net worth of the association. The maximum maturity period may not exceed 5 years.
F. State of California Local Agency Investment Fund (LAIF) Funds may be invested in LAIF; a State of California managed investment pool, up to the maximum dollar amounts per separate legal entity in conformance with the account balance limits authorized by the State Treasurer. Annual review of LAIF’s Pool Money Investment Board Annual Report will be conducted to continue to ensure LAIF’s investment policy, standards, and rate of return are compatible with the City’s risk tolerance. Maximum investment limits are dependent upon limits established under the Local Agency Investment Funds guidelines.
G. Funds held under the terms of a Trust Indenture or other contract or debt issuance agreement may be invested according to the provisions of those indentures’ agreements.
H. The City may invest in non-negotiable time deposits that are collateralized as required by the California Government Code, and that are maintained in banks and savings and loans associations that meet the requirement for accepting deposits of public funds. Because time deposits are not liquid, no more than 25% of the City’s temporarily idle funds may be invested in this category. A maximum maturity period may not exceed one year.
I. Medium term corporate notes with a maximum maturity of 5 years may be purchased. Securities eligible for investment must be rated “A2” or higher by Moody’s or “A” or higher rating by S&P. Medium term notes may not exceed 30% of the market value of the City’s portfolio, and not more than 2% of the market value of the portfolio may be invested in notes issued by any one corporation. Commercial paper holdings must be included when calculating this 2% limitation. The maximum maturity period may not exceed 5 years.
J. Shares of beneficial interest issued by diversified management companies, that are money market funds (MMFs) registered with the 306
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7 Securities and Exchange Commission under the Investment Advisory Company Act of 1940 (15 U.S.C. Sec 80a-1 et seq.). To be eligible for investment pursuant to this subdivision these companies shall either (I) attain the highest ranking letter or numerical rating provided by not less than two of the three largest nationally recognized rating services or (2) have an investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience investing in money market instruments with assets in excess of $500,000,000.
The purchase price of the MMF shares shall not exceed 20% of the City's surplus funds. No more than 10% of the City’s surplus funds may be invested in shares of any one MMF.
K. Supranational Debt Obligations. United States dollar-denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development of the World Bank (IBRD), International Finance Corporation (IFC), and Inter-American Development Bank (IABD), with maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments must have a minimum rating of AA or better by at least two of the following NRSRO’s: Moody’s, S&P, or Fitch, and shall not exceed 30% of the City’s surplus funds, and not more than 5% of the market value of the portfolio may be invested in notes issued by any one supranational. The maximum maturity period may not exceed 5 years.
L. Joint Power Authority. Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (r), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria
:
(1) The adviser is registered or exempt from registration with the Securities and Exchange Commission.
(2) The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive.
(3) The adviser has assets under management in excess of five hundred million dollars ($500,000,000).
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8 9.0 UNAUTHORIZED INVESTMENTS:
State and Federal laws notwithstanding, any investment not specifically described herein including, but not limited to, reverse repurchase agreements, derivatives, options, futures, zero coupon bonds, inverse floaters, range notes, first mortgages or trust deeds, collateralized mortgage obligations, (CMO’s), limited partnerships, real estate investments, trusts (REIT’s), open-end mutual funds with a weighted average maturity greater than 180 days, unregulated and/or uninsured investment pools, common stock, preferred stock, commodities, precious metals, securities with high price volatility, limited marketability (less than three active bidders), securities that may default on interest payments and any other speculative investment deemed inappropriate under the prudent investor standard are strictly prohibited.
10.0 REVIEW OF INVESTMENT PORTFOLIO
The securities held by the City of Lynwood must be in compliance with Section 8.0 Authorized and Suitable Investments at the time of purchase. The Quarterly Investment report will identify any securities that do not comply. The Treasurer shall report any instances of noncompliance identified through the review of the portfolio to the City Council.
11.0 COLLATERAL REQUIREMENTS:
Collateral for Certificates of Deposit (CD) and Negotiated Certificates of Deposit (NCD) must comply with Government Code, Chapter 4, Bank Deposit law Section 16500 et seq. and the Savings and Loan and Credit Union Deposit Law Government Code Section 16600 et seq.
In order to reduce market risk and provide a level of security for all funds, the market value of securities that underlay Certificates of Deposit shall be valued at 110% of the market value of principal and accrued interest. Repurchase Agreements shall be valued at 102% of the market value of principal and accrued interest.
In conformity with the provisions of the Federal Bankruptcy Code that provide for the liquidation of securities held as collateral, the only securities acceptable as collateral are certificates of deposit, commercial paper, eligible bankers acceptances, and medium term notes or securities that are the direct obligation of, or are fully guaranteed as to principal and interest by the United States or any City of the United States.
An independent third party with whom the City has a current custodial agreement will always hold collateral.
The right of collateral substitution is granted with prior approval of the City Treasurer.
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9 12.0 SAFEKEEPING AND CUSTODY
All securities owned by the City shall be held in safekeeping by the City’s custodial bank or by a third-party bank trust department, acting as agent for the City under the terms of a custody agreement or master repurchase agreement. All security transactions, including collateral for repurchase agreements, entered into by the City shall be conducted on a Delivery-Versus-Payment (DVP) basis through the City’s safekeeping agent. Securities held in custody for the City shall be independently audited on an annual basis to verify investment holdings.
13.0 DIVERSIFICATION:
The Treasurer shall maintain a diversified portfolio to minimize the risk of loss resulting from over concentration of assets in a specific maturity, issuer, or security type. With the exception of U.S. Treasury securities, Federal agencies, and LAIF, no more than 50% of the City’s total investment portfolio will be invested in with a single institution. Additionally, no more than 2%, calculated at the time of purchase, of the portfolio shall be invested in one name or with one credit counterparty.
14.0 MAXIMUM MATURITIES:
To the extent possible the portfolio will attempt to match its investments with anticipated cash flow requirements. Matching maturities with cash flow dates will reduce the need to sell securities prior to maturity, thus reducing a potential realized loss. The portfolio will not directly invest in securities maturing more than five (5) years from the date of purchase pursuant to Government Code Section 53601. (Excluding LAIF). The weighted average maturity of the portfolio shall not exceed 3 years.
Reserve funds may be invested in securities exceeding one year if the maturity of such investments is made to coincide as nearly as practicable with the expected use of the funds. No portion of the portfolio may exceed five years.
15.0 INTERNAL CONTROL:
The Treasurer is responsible for establishing and maintaining an internal control structure designed to ensure that the City’s assets are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that those objectives are met. The concept of reasonable assurance recognizes that the cost of a control should not exceed the benefits to be derived and that the valuation of costs and benefits requires estimates and judgments by management. Internal control procedures shall address:
Separation of duties
Control of collusion
Custodial safekeeping
Avoidance of physical delivery of securities
Written confirmation of transfers for investments and wire transfers 309
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10 Written procedures for placing investment transactions Delegation of authority to investment officials
16.0 PERFORMANCE STANDARDS:
The investment portfolio shall be designed with the objective of obtaining a market rate of return throughout budgetary and economic cycles, commensurate with investment risk constraints and cash flow needs:
a. Investment Strategy: The portfolio’s basic investment strategy is to buy and hold investments until maturity. However, the Treasurer may sell a security due to adverse changes in credit risk or, due to unexpected cash flow needs, or to improve the quality, yield, or target duration of the portfolio.
b. Market Yield (Benchmark): The City portfolio is managed with the objective of obtaining a market rate of return, commensurate with identified risk constraints and cash flow characteristics. The appropriate benchmarks will be periodically reviewed by the City Treasurer.
17.0 REPORTING:
In compliance with Government code Section 53607 and 53646, the Treasurer shall provide the City Council quarterly investment reports, which provide a clear picture of the status of the current investment portfolio.
The Quarterly Investment Report will include the following information: portfolio statistics, portfolio performance, compliance reporting requirements, and investment trading:
Portfolio Statistics
Classification of the investment, the percentage of the total portfolio which each type of investment represents, issuer, CUSIP, purchase date, rating of security, date of maturity, par and dollar amount invested on all securities and investments.
Current market value and the source of the market value. Weighted average maturity of the investment portfolio. Maturity aging by type of investment.
Unrealized gain or loss resulting from appreciation or depreciation in the market value of securities.
Compliance Reporting Requirements
Cash management projection: Statement denoting the ability of the City to meet its expected obligations over the next six months. Statement of compliance with the Policy: Reasons for and number of violations or exceptions to the investment policy during the quarter being reported on, as well as prior violations or exceptions which have not yet been corrected.
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11 Investment Trading Activity
All investment transactions occurring during the quarter whether or not the transaction has been fully settled.
A description of any security purchased during the quarter with a maturity exceeding five years.
A description of any security downgraded below the minimum acceptable ratings level (below prime for short term ratings, or below investment grade for long term ratings).
18.0 INVESTMENT POLICY ADOPTION:
The Treasurer shall annually render to the City Council a Statement of Investment policy as required in Section 53646(a) of the Government Code. The City’s investment policy shall be adopted by resolution of the City Council and shall be reviewed annually; any modification made thereto must be approved by the legislative body.
19.0 GLOSSARY
Definitions of investment-related terms are listed on Exhibit A. 311
Revised January 16, 2024
EXHIBIT A
GLOSSARY
ACCRETION: Adjustment of the difference between the price of a bond bought at an original discount and the par value of the bond.
AGENCIES: Federal agency securities and/or Government-sponsored enterprises (GSEs), also known as U.S. Government instrumentalities. Securities issued by Government National Mortgage Association (GNMA) are considered true agency securities, backed by the full faith and credit of the U.S. Government. GSEs are financial intermediaries established by the federal government to fund loans to certain groups of borrowers, for example homeowners, farmers and students and are privately owned corporations with a public purpose. The most common GSEs are Federal Farm Credit System Banks, Federal Home Loan Banks, Federal Home Loan Mortgage Association, and Federal National Mortgage Association.
AMORTIZATION: Accounting procedure that gradually reduces the cost value of a limited life or intangible asset through periodic charges to income. For fixed assets, the term used is “depreciation”. It is common practice to amortize any premium over par value paid in the purchase of preferred stock or bond investments.
APPRECIATION: Increase in the value of an asset such as a stock bond, commodity or real estate.
ASKED PRICE: The price a broker/dealer offers to sell securities.
ASSET BACKED: A type of security that is secured by receivables, such as credit card and auto loans. These securities typically pay principal and interest monthly.
BANKERS' ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer.
This money market instrument is used to finance international trade.
BASIS POINT: One-hundredth of one percent (i.e., 0.01%).
BENCHMARK: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio’s investment.
BID PRICE: The price a broker/dealer offers to purchase securities.
BOND: A financial obligation for which the issuers promises to pay the bondholder a specified stream of future cash flows, including periodic interest payments and a principal repayment.
BOOK RATE OF RETURN: A measure of a portfolio’s performance over time. It is the internal rate of return which equates the beginning value of the portfolio with the ending value, and includes interest earnings and realized gains and losses on the portfolio. 312
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13 BOOK VALUE: The value at which a debt security is shown on the holder’s balance sheet. Book value is acquisition cost less amortization of premium or accretion of discount.
BROKER: A broker acts as an intermediary between a buyer and seller for a commission and does not trade for his/her own risk and account or inventory.
CALLABLE SECURITIES: A security that can be redeemed by the issuer before the scheduled maturity date.
CASH FLOW: An analysis of all changes that affect the cash account during a specified period.
CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large-denomination CD's are typically negotiable.
COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.
COLLATERALIZED MORTGAGE OBLIGATION (CMO) : A type of mortgage-backed security that creates separate pools of pass-through rates for different classes of bondholders with varying maturities, called tranches. The repayments from the pool of pass-through securities are used to retire the bonds in the order specified by the bonds' prospectus.
COMMERCIAL PAPER: Short-term, unsecured, negotiable promissory notes of corporations.
COMMERCIAL RECEIVABLES: Business debt owed to a creditor which may be used as collateral for asset backed securities. These receivables include equipment leases, building leases, and other business loans.
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual financial report for the City. It includes combined statements and basic financial statements for each individual fund and account group prepared in conformity with Generally Accepted Accounting Principles (GAAP).
CONDUIT FINANCING: A financing in which a governmental agency issues debt and the proceeds of the issue are loaned to a nongovernmental borrower who then applies the proceeds for a project financing or (if permitted by federal tax laws for a qualified 501(c)(3) bond) for working capital purposes.
CONSUMER RECEIVABLES: Consumer debt owed to a creditor which may be used as collateral for asset backed securities. These receivables include credit card, auto, and home equity loans.
CORPORATE NOTE: Debt instrument issued by a private corporation.
COUPON: The annual rate at which a bond pays interest. 313
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14 CREDIT ANALYSIS: An analysis of the economic and financial conditions to determine creditworthiness or the ability to meet debt obligations.
CREDIT RATINGS: A grade given to a debt instrument that indicates its credit quality.
Private independent rating services such as Standard & Poor's, Moody's and Fitch provide these evaluations of the issuer's financial strength, or its ability to pay principal and interest in a timely fashion. High graded credit ratings are as follows:
Moody's Standard & Poor’s Fitch
Long
Term
Short
Term
Long
Term
Short
Term
Long
Term
Short
Term
Aaa
P1
AAA
A1+
AAA
A1+
Aa1 AA+ AA+
Aa2 AA AA
Aa3 AA- AA-
A1 A+ A1 A+
A2 A A
A3 P2 A- A2 A- A2Baa1 BBB+ BBB+
CREDIT RISK: The risk that an obligation will not be paid and a loss will result due to a failure of the issuer of a security.
CUSIP: Stands for Committee on Uniform Securities Identification Procedures. A CUSIP number identifies most securities, including: stocks of all registered U.S. and Canadian companies, and U.S. government and municipal bonds. The CUSIP system—owned by the American Bankers Association and operated by Standard & Poor’s—facilitates the clearing and settlement process of securities. The number consists of nine characters (including letters and numbers) that uniquely identify a company or issuer and the type of security.
CURRENT YIELD: The annual interest on an investment divided by the current market value. Since the calculation relies on the current market value rather than the investor’s cost, current yield is unrelated to the actual return the investor will earn if the security is held to maturity.
CUSTODIAN: A bank or other financial institution that keeps custody of stock certificates and other assets.
DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his/her own risk and account or inventory.
DEBENTURES: A bond secured only by the general credit of the issuers.
DEFEASED BOND ISSUES: Issues that have sufficient money to retire outstanding debt when due, so that the agency is released from the contracts and covenants in the bond documents.
DELIVERY VERSUS PAYMENT (DVP): Delivery of securities with a simultaneous exchange of money for the securities.
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15 DERIVATIVE: A financial instrument that is based on, or derived from, some underlying asset, reference date, or index.
DIRECT ISSUER: Issuer markets its own paper directly to the investor without use of an intermediary.
DISCOUNT: The difference between the cost of a security and its value at maturity when quoted at lower than face value.
DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns and risk profiles.
DURATION: A measure of the timing of the cash flows, such as the interest payments and the principal repayment, to be received from a given fixed-income security. This calculation is based on three variables: term to maturity, coupon rate, and yield to maturity. Duration measures the price sensitivity of a bond to changes in interest rates.
EARNED INCOME YIELD THIS PERIOD (annualized): The Total net Earnings this period divided by Average Daily Portfolio Balance and the number of days in the period, multiplied by 365 (or 360 depending on the profile setting), and then multiplied by 100.
FACE VALUE: The principal amount owed on a debt instrument. It is the amount on which interest is computed and represents the amount that the issuer promises to pay at maturity.
FAIR VALUE: The amount at which a security could be exchanged between willing parties, other than in a forced or liquidation sale. If a market price is available, the fair value is equal to the market value.
FANNIE MAE: Trade name for the Federal National Mortgage Association (FNMA), a U.S. Government sponsored enterprise.
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that provides insurance on bank deposits, guaranteeing deposits to a set limit per account, currently $100,000.
FEDERAL FARM CREDIT BANK (FFCB): Government-sponsored enterprise that consolidates the financing activities of the Federal Land Banks, the Federal Intermediate Credit Banks and the Banks for Cooperatives. Its securities do not carry direct U.S. government guarantees.
FEDERAL FUNDS RATE: The rate of interest at which Federal funds are traded. This rate is considered to be the most sensitive indicator of the direction of interest rates, as it is currently pegged by the Federal Reserve through open-market operations.
FEDERAL GOVERNMENT AGENCY SECURITIES : Federal Agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. 315
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16 FEDERAL HOME LOAN BANKS (FHLB): Government sponsored enterprise (currently made up of 12 regional banks) that regulates and lends funds and provides correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. Although the banks operate under federal charter with government supervision, the securities are not guaranteed by the U. S. Government.
FEDERAL HOME LOAN MORTGAGE CORPORATION (FHLMC): Government sponsored enterprise that helps maintain the availability of mortgage credit for residential housing. FHLMC finances these operations by marketing guaranteed mortgage certificates and mortgage participation certificates. Its discount notes and bonds do not carry direct U.S. government guarantees.
FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA): Government sponsored enterprise that is the largest single provider of residential mortgage funds in the United States. FNMA is a private stockholder-owned corporation. The corporation's purchases include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages. FNMA's securities are also highly liquid and are widely accepted. FNMA securities do not carry direct U.S. Government guarantees.
FEDERAL OPEN MARKET COMMITTEE (FOMC): A committee of the Federal Reserve Board, which establishes monetary policy and executes it through temporary and permanent changes to the supply of bank reserves.
FEDERAL RESERVE SYSTEM: The central bank of the U.S. which consists of a seven- member Board of Governors, 12 regional banks and about 5,700 commercial banks that are members.
FED WIRE: A wire transmission service established by the Federal Reserve Bank to facilitate the transfer of funds through debits and credits of funds between participants within the Fed system.
FREDDIE MAC: Trade name for the Federal Home Loan Mortgage Corporation (FHLMC), a U.S. government sponsored enterprise.
FITCH INDIVIUAL BANK RATINGS: Individual Ratings are assigned to banks that are legal entities. These ratings, which are internationally comparable, attempt to assess how a bank would be viewed if it were entirely independent and could not rely on external support. These ratings are designed to assess a bank's exposure to, appetite for, and management of risk, and thus represent the agency's view on the likelihood that it would run into significant financial difficulties such that it would require support. The ratings are as follows:
A. A very strong bank - Characteristics may include outstanding profitability and balance sheet integrity, franchise, management, operating environment or prospects.
B. A strong bank - There are no major concerns regarding the bank.
Characteristics may include strong profitability and balance sheet integrity, franchise, management, operating environment or prospects. 316
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17 C. An adequate bank, which, however, possesses one or more troublesome aspects. There may be some concerns regarding its profitability and balance sheet integrity, franchise, management, operating environment or prospects .
D. A bank that has weaknesses of internal and/or external origin. There are concerns regarding its profitability and balance sheet integrity, franchise, management, operating environment or prospects. Banks in emerging markets are necessarily faced with a greater number of potential deficiencies of external origin.
E. A bank with very serious problems, which either requires or is likely to require external support.
F. A bank that has either defaulted or, in Fitch Ratings' opinion, would have defaulted if it had not received external support. Examples of such support include state or local government support, (deposit) insurance funds, acquisition by some other corporate entity or an injection of new funds from its shareholders or equivalent.
Note: Gradations may be used among the ratings A to E: i.e. A/B, B/C, C/D, and D/E. No gradations apply to the F rating.
GINNIE MAE: Trade name for the Government National Mortgage Association (GNMA), a direct obligation bearing the full faith and credit of the U.S. Government.
GOVERNMENT ACCOUNTING STANDARDS BOARD (GASB): A standard-setting body, associated with the Financial Accounting Foundation, which prescribes standard accounting practices for governmental units.
GUARANTEED INVESTMENT CONTRACTS (GICS): An agreement acknowledging receipt of funds, for deposit, specifying terms for withdrawal, and guaranteeing a rate of interest to be paid.
INACTIVE DEPOSITS: Funds not immediately needed for disbursement.
INTEREST RATE: The annual yield earned on an investment, expressed as a percentage.
INTEREST RATE RISK: The risk of gain or loss in market values of securities due to changes in interest-rate levels. For example, rising interest rates will cause the market value of portfolio securities to decline.
INVESTMENT AGREEMENTS: A contract providing for the lending of issuer funds to a financial institution which agrees to repay the funds with interest under predetermined specifications.
INVESTMENT GRADE (LONG TERM RATINGS): The minimum, high quality ratings for long term debt such as corporate notes. Investment Grade ratings are as follows: A3 (Moody’s), A- (S&P), and A- (Fitch).
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18 INVESTMENT PORTFOLIO: A collection of securities held by a bank, individual, institution or government agency for investment purposes.
LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash with minimum risk of principal.
LOCAL AGENCY INVESTMENT FUND (LAIF): An investment pool sponsored by the State of California and administered/managed by the State Treasurer. Local government units, with consent of the governing body of that agency, may voluntarily deposit surplus funds for the purpose of investment. Interest earned is distributed by the State Controller to the participating governmental agencies on a quarterly basis.
LOCAL AGENCY INVESTMENT POOL: A pooled investment vehicle sponsored by a local agency or a group of local agencies for use by other local agencies.
MARK TO MARKET: Current value of securities at today's market price.
MARKET RISK: The risk that the value of securities will fluctuate with changes in overall market conditions or interest rates. Systematic risk of a security that is common to all securities of the same general class (stocks, bonds, notes, money market instruments) and cannot be eliminated by diversification (which may be used to eliminate non- systematic risk).
MARKET VALUE: The price at which a security is currently being sold in the market.
See FAIR VALUE.
MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase agreements and reverse repurchase agreements that establish each party's rights in the transactions. A master agreement will often specify, among other things, the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller-borrower.
MATURITY: The date that the principal or stated value of a debt instrument becomes due and payable.
MEDIUM-TERM NOTES (MTNs): Unsecured, investment-grade senior debt securities of major corporations which are sold in relatively small amounts either on a continuous or an intermittent basis. MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or to investor preferences.
MODIFIED DURATION: The percent change in price for a 100-basis point change in yields. This is a measure of a portfolio’s or security’s exposure to market risk.
MONEY MARKET: The market in which short term debt instruments (Treasury Bills, Discount Notes, Commercial Paper, Banker’s Acceptances and Negotiable Certificates of Deposit) are issued and traded.
MORTGAGED BACKED SECURITIES: A type of security that is secured by a mortgage or collection of mortgages. These securities typically pay principal and interest monthly. 318
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19 MUNICIPAL BONDS: Debt obligations issued by states and local governments and their agencies, including cities, counties, government retirement plans, school districts, state universities, sewer districts, municipally owned utilities and authorities running bridges, airports and other transportation facilities.
MUTUAL FUND: An entity that pools money and can invest in a variety of securities which are specifically defined in the fund’s prospectus.
NEGOTIABLE CERTIFICATE OF DEPOSIT: A large denomination certificate of deposit which can be sold in the open market prior to maturity.
NET PORTFOLIO YIELD: Calculation in which the 365-day basis equals the annualized percentage of the sum of all Net Earnings during the period divided by the sum of all Average Daily Portfolio Balances.
NEW ISSUE: Term used when a security is originally “brought” to market.
NOTE: A written promise to pay a specified amount to a certain entity on demand or on a specified date.
OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit: Sales have the opposite effect. Open market operations are the Federal Reserve's most important and most flexible monetary policy tool.
PAR VALUE: The amount of principal which must be paid at maturity. Also referred to as the face amount of a bond. See FACE VALUE.
PORTFOLIO: The collection of securities held by an individual or institution.
PREMIUM: The difference between the par value of a bond and the cost of the bond, when the cost is above par.
PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. These dealers are authorized to buy and sell government securities in direct dealing with the Federal Reserve Bank of New York in its execution of market operations to carry out U.S. monetary policy. Such dealers must be qualified in terms of reputation, capacity, and adequacy of staff and facilities.
PRIME (SHORT TERM RATING): High quality ratings for short term debt such as commercial paper. Prime ratings are as follows: P1 (Moody’s), A1 (S&P), and F1 (Fitch).
PRINCIPAL: The face value or par value of a debt instrument, or the amount of capital invested in a given security.
PROSPECTUS: A legal document that must be provided to any prospective purchaser of a new securities offering registered with the Securities and Exchange Commission that typically includes information on the issuer, the issuer’s business, the proposed use of 319
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20 proceeds, the experience of the issuer’s management, and certain certified financial statements (also known as an “official statement”).
PRUDENT INVESTOR STANDARD: A standard of conduct for fiduciaries. Investments shall be made with judgment and care--under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.
PUBLIC DEPOSITS: A bank that is qualified under California law to accept a deposit of public funds.
PURCHASE DATE: The date in which a security is purchased for settlement on that or a later date. Also known as the “trade date”.
RATE OF RETURN: 1) The yield, which can be attained on a security, based on its purchase price or its current market price. 2) Income earned on an investment, expressed as a percentage of the cost of the investment.
REALIZED GAIN (OR LOSS): Gain or loss resulting from the sale or disposal of a security.
REGIONAL DEALER: A financial intermediary that buys and sells securities for the benefit of its customers without maintaining substantial inventories of securities and that is not a primary dealer.
REPURCHASE AGREEMENT (RP or REPO): A transaction in which a counterparty or the holder of securities (e.g. investment dealer) sells these securities to an investor (e.g. the City) with a simultaneous agreement to repurchase them at a fixed date. The security "buyer" (e.g. the City) in effect lends the "seller" money for the period of the agreement, and the terms of the agreement are structured to compensate the “buyer” for this. Dealers use RP extensively to finance their positions. Exception: When the Fed is said to be doing RP, it is lending money, which is, increasing bank reserves.
REVERSE REPURCHASE AGREEMENT (REVERSE REPO): The opposite of a repurchase agreement. A reverse repo is a transaction in which the City sells securities to a counterparty (e.g. investment dealer) and agrees to repurchase the securities from the counterparty at a fixed date. The counterparty in effect lends the seller (e.g. the City) money for the period of the agreement with terms of the agreement structured to compensate the buyer.
RISK: Degree of uncertainty of return on an asset.
SAFEKEEPING: A service which banks offer to clients for a fee, where physical securities are held in the bank’s vault for protection and book-entry securities are on record with the Federal Reserve Bank or Depository Trust Company in the bank’s name for the benefit of the client. As agent for the client, the safekeeping bank settles securities transactions, collects coupon payments, and redeems securities at maturity or on call date, if called.
SECURITIES AND EXCHANGE COMMISSION (SEC): Agency created by Congress to protect investors in securities transactions by administering securities legislation. 320
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21 SEC RULE 15C3-1: See UNIFORM NET CAPITAL RULE.
SECONDARY MARKET: A market for the repurchase and resale of outstanding issues following the initial distribution.
SECURITIES: Investment instruments such as notes, bonds, stocks, money market instruments and other instruments of indebtedness or equity.
SETTLEMENT DATE: The date on which a trade is cleared by delivery of securities against funds.
SPREAD: The difference between two figures or percentages. It may be the difference between the bid (price at which a prospective buyer offers to pay) and asked (price at which an owner offers to sell) prices of a quote, or between the amount paid when bought and the amount received when sold.
STRUCTURED NOTE: A complex, fixed income instrument, which pays interest, based on a formula tied to other interest rates, commodities or indices. Examples include “inverse floating rate” notes which have coupons that increase when other interest rates are falling, and which fall when other interest rates are rising and “dual index floaters”, which pay interest based on the relationship between two other interest rates, for example, the yield on the ten-year Treasury note minus the Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate swap agreements.
STUDENT LOAN MARKET ASSOCIATION (SLMA): Government-sponsored enterprise that purchases student loans from originating financial institutions and provides financing to state student loan agencies. It provides a national secondary market for federally- sponsored student loans and credit to participants in the post-secondary education lending sector.
SUBORDINATED DEBT: Debt over which senior debt has priority. In the event of a bankruptcy, subordinated debt holders receive payment only after senior debt holders are paid in full.
TIME DEPOSIT: A deposit with a California bank or savings and loan association for a specific amount and with a specific maturity date and interest rate. Deposits of up to $100,000 are insured by FDIC. Deposits over $100,000 are collateralized above the insurance with either government securities (at 110% of par value), first trust deeds (at 150% of par value), or letters of credit (at 105% of par value).
TOTAL RATE OF RETURN: A measure of a portfolio’s performance over time. It is the internal rate of return which equates the beginning value of the portfolio with the ending value, and includes interest earnings and realized and unrealized gains and losses on the portfolio. For bonds held to maturity, total return is the yield to maturity.
TRUSTEE OR TRUST COMPANY OR TRUST DEPARTMENT OF A BANK: A financial institution with trust powers which acts in a fiduciary capacity for the benefit of the bondholders in enforcing the terms of the bond contract. 321
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22 UNDERWRITER: A dealer which purchases a new issue of municipal securities for resale.
UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker/dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash.
U.S. GOVERNMENT AGENCY SECURITIES: Securities issued by U.S. government agencies, most of which are secured only by the credit worthiness of the particular agency.
See AGENCIES.
U.S. TREASURY OBLIGATIONS: Securities issued by the U.S. Treasury and backed by the full faith and credit of the United States. Treasuries are the benchmark for interest rates on all other securities in the U.S. The Treasury issues both discounted securities and fixed coupon notes and bonds. The income from Treasury securities is exempt from state and local, but not federal, taxes.
TREASURY BILLS: Securities issued at a discount with initial maturities of one year or less. The Treasury currently issues three-month and six-month Treasury bills at regular weekly auctions. It also issues very short-term “cash management” bills as needed to smooth out cash flows.
TREASURY NOTES: Intermediate-term coupon-bearing securities with initial maturities of one year to ten years.
TREASURY BOND: Long-term coupon-bearing securities with initial maturities of ten years or longer.
UNREALIZED GAIN (OR LOSS): Gain or loss that has not become actual. It becomes a realized gain (or loss) when the security in which there is a gain or loss is actually sold.
See REALIZED GAIN (OR LOSS).
VOLATILITY: Characteristic of a security, commodity or market to rise or fall sharply in price within a short-term period.
WEIGHTED AVERAGE MATURITY: The average maturity of all the securities that comprise a portfolio that is typically expressed in days or years.
WEIGHTED AVERAGE YIELD AT THE END OF PERIOD: The summation of each investment’s period-end scheduled book value multiplied by its ending sub-period yield and divided by the total scheduled book value. Investments maturing on or before the end date of the report period will not affect the weighted average yield.
WHEN ISSUED (WI): Short form of “when, as, and if issued.” WI refers to a transaction made conditionally because a security, although authorized, has not yet been issued with the exception of new Treasury, Agency, and Corporate issuances to settle within 21 days. 322
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23 YIELD: The annual rate of return on an investment expressed as a percentage of the investment. See CURRENT YIELD; YIELD TO MATURITY.
YIELD CURVE: Graph showing the relationship at a given point in time between yields and maturity for bonds that are identical in every way except maturity.
YIELD TO MATURITY: Concept used to determine the rate of return if an investment is held to maturity. It takes into account purchase price, redemption value, time to maturity, coupon yield, and the time between interest payments. It is the rate of income return on an investment, minus any premium or plus any discount, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond, expressed as a percentage.
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Revised January 16, 2024
PURPOSE
The purpose of this Statement of Investment Policy (“Policy”) is to establish guidelines for the prudent investment of the City of Lynwood’s idle cash or reserve cash and outlines the policies essential to ensure the safety and financial strength of the City’s investment portfolio.
This policy is based on the principles of prudent money management and conforms to all applicable Federal and State Laws governing the investment of public funds under the control of the Treasurer.
1.0 POLICY:
Annually, in accordance with California Government Code (CGC) Section 53646, the Treasurer will render to the City Council a Statement of Investment Policy for consideration and approval at a public meeting. Any investments currently held at that time that do not meet the guidelines of this policy, as changed from time to time by the City Council, shall be exempt from the requirements of this policy.
However, at the investment maturity or liquidation, such funds shall be reinvested only as provided by this policy, which offer guidance to brokers and any external investment advisors on the investment of City funds. This investment policy applies to all investment activities of the City, except for the Employees Retirement and Deferred compensation funds are excluded because it is separately managed by a third-party administrator. This policy applies to all City funds, except for bond proceeds that are managed by trustees. Trustees must comply with the provision of bond’s indenture agreements.
2.0 SCOPE:
Policy statements outlined in this document apply to the City’s pooled funds, as well as other financial assets under the City Treasurer’s control unless exempted by resolution or by statute. These funds are accounted for in the City of Lynwood Comprehensive Annual Financial Report (CAFR), and include:
General Fund
Special Revenue Funds
Capital Project Funds
Enterprise Funds
Trust and Agency Funds
Retirement Pension Funds
Internal Service Funds
Fiduciary-Agency Fund
Any new fund created by the City Council unless specifically exempted All monies entrusted to the Treasurer shall be invested in accordance to California Government Code Section 53601, 53602 and 53635.
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2 3.0 PRUDENCE:
The standard of prudence to be used by investment officials shall be the “prudent investor” standard (CGC Section 53600.3) and shall be applied in the context of managing an overall portfolio which states that:
“a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims to safeguard the principal and maintain the liquidity needs of the City”.
At the time of purchase, it is the City’s intent to hold all investments until maturity to ensure the return of all invested principal. However, it is recognized that market prices of securities will vary depending on economic and interest rate condition at any point in time.
The City Treasurer, and other individuals who may be designated to manage the City’s investment portfolio, when acting within the intent and scope of this investment policy and other authorized written procedures, and when exercising due diligence, are relieved of personal liability for the individual security’s credit risk or market price change of a security or other investment, provided that deviations from expectations are reported to the City of Lynwood in a timely manner and that appropriate action is taken to mitigate unforeseen adverse conditions.
4.0 OBJECTIVES:
Within the overriding requirement of compliance with all Federal, State and local laws governing the investment of moneys under the control of the Treasurer, and as specified in CGC Section 53600.5, when investing, reinvesting, purchasing, acquiring, exchanging, selling or managing public funds, the primary objective of a trustee shall be to safeguard the principal of the funds under its control. The secondary objective shall be to meet the liquidity needs of the depositor. The third objective shall be to achieve a market rate of return on the funds under its control.
Taking into account the City’s daily and periodic cash flow needs, the City desires to invest all temporarily idle funds as close to 100% as is reasonably possible. At least 30% of the overall investment portfolio will be comprised of investments maturing in one year or less. No single investment shall be purchased with a term to maturity at the date of purchase that exceeds 5 years, except as special circumstances dictate and with the expressed approval of the City Treasurer.
The basic goal of the City’s investment policy is to ensure safety and availability of temporarily idle funds when they are needed. The primary objectives, in priority order, of the investment activities shall be:
Safety: Safety of principal is the foremost objective of the investment program. Each investment transaction must seek to ensure that capital losses are avoided, whether from securities default, broker-dealer default, 325
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3 or erosion of market value. The City will endeavor to preserve principal by mitigating both credit risk and market risk, as specified below.
Credit risk, which is defined as the risk of loss due to insolvency or other failure of the issuer of a security, must be mitigated by purchasing investment grade securities and by diversifying the investment portfolio so that the failure of any one issuer does not unduly harm the City’s capital base and cash flow.
Market risk, which is defined as market value fluctuations, must be mitigated by limiting the average maturity of the City’s investment portfolio to three years, limiting the maximum maturity of any one security to five years, structuring the portfolio to take into account historic and current cash flow analysis, eliminating the need to sell securities for the sole purpose of short term speculation.
Liquidity: Because the City operates its own water utility and bills monthly for utility services, cash flow is generated on a daily basis. Historical cash flow trends must be compared to current cash flow requirements on an ongoing basis to ensure that the City’s investment portfolio will remain sufficiently liquid to enable the City to meet all reasonable anticipated operating requirements. In managing City funds for cash flow needs, it is generally not the intention to liquidate a security prior to maturity in order to meet expected cash flow needs. However, it is important that when exceptional conditions require, and there are unexpected cash flow demands, a security sale can be done quickly.
Return on the Investment : The investment portfolio shall be designed and managed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment objectives, authorized investments and the cash flow needs of the City.
5.0 DELEGATION OF AUTHORITY:
In accordance with Section 53607 of the Government Code, the City of Lynwood management responsibility for the investment program is hereby delegated to the Treasurer, who shall be responsible for all transactions undertaken and shall establish a system of control to regulate the activities of subordinate officials, and their procedures in the absence of the Treasurer. Under the provision of CGC Section 53600.3, the Treasurer is a trustee and a fiduciary subject to the prudent investor standard. The City may delegate to the City Treasurer the authority to invest or reinvest City funds for a one-year period.
The Treasurer may delegate all, or a portion of his/her investment authority to a Deputy City Treasurer. Prior to the delegation of the investment authority to a Deputy City Treasurer, the Treasurer shall notify the City council and request confirmation of the delegation. Delegation of investment authority will not remove or abridge the Treasurer’s investment responsibility.
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4 The City may engage the services of one or more external investment managers to assist in the management of the City’s investment portfolio in a manner consistent with the City’s objectives. Such external managers may be granted discretion to purchase and sell investment securities in accordance with this Investment Policy.
The Treasurer shall establish written investment policy procedures for the operation of the investment program consistent with this policy. The procedures should include reference to: safekeeping, wire transfer agreements, banking service contracts and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Treasurer.
The Treasurer and Deputy Treasurer shall attend at least one training session within twelve months after taking office or being appointed, and at least annually thereafter. The training session should be sponsored by a professional organization, such as, but not limited to: Government Finance Officers Association (GFOA), California Society of Municipal Finance Officers (CSMFO), Municipal Treasurers Association of the United States & Canada (MTA, US&C), California Municipal Treasurer Association (CMTA), and Government Investment Officers Association (GIOA). Training must include some or all of the following components: investment controls, security risks, strategy risk, market risks, and compliance with Federal, State and local laws.
6.0 ETHICS AND CONFLICT OF INTEREST:
Elected officials, City officers, employees and any other individual involved in the investment operations are prohibited from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions, or which could give the appearance thereof. Furthermore, these same individuals shall disclose any material financial interest in financial institutions that conduct business within their jurisdiction, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City. The Treasurer shall immediately disclose any financial interest which is subject to disclosure under the California Political Reform Act or would constitute a conflict of interest under Government Code Section 1090 to the City Manager. All other City Investment Officials shall immediately disclose any financial interest which is subject to disclosure under the California Political Reform Act or would constitute a conflict of interest under Government Code Section 1090 to the City Manager.
7.0 AUTHORIZED DEALERS AND INSTITUTIONS:
The City may conduct investment transactions only with banks, savings and loans associations, and registered broker-dealers. Any investments other than those purchased directly from an issuer must be purchased from (i) an individual or entity licensed by the State as a broker-dealer, as defined in Section 25004 of the Corporations Code, and which is a member of the Financial Industry Regulatory Authority, (FINRA) or (ii) from a member of a federally-regulated securities 327
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5 exchange, or (iii) a national or state charted bank; or (iv) a federal or state association (as defined by Section 5102 of the Financial Code); or (v) a brokerage firm designated as a primary government dealer by the Federal Reserve Bank.
The City Treasurer, either directly or through an authorized party, must investigate and evaluate all financial institutions, on an annual basis, that desire to do business with the City in order to determine whether they are adequately capitalized and whether they make markets in securities that are appropriate to the City’s needs.
This may be accomplished by the following: a financial institution to complete and return an appropriate questionnaire, audited financial statements and proof of Financial Industry Regulatory Authority (FINRA) registration and good standing.
Nothing in this section precludes the City from engaging the services of a Registered Investment Advisory firm to assist the City, on a discretionary basis, with the investment of the City’s portfolio.
8.0 AUTHORIZED AND SUITABLE INVESTMENTS:
Investments must be made in accordance with the “Prudent Investor Rule” that is cited under the heading “Prudence.”
The City is subject to California Government Code, Sections 53600 et seq. within the context of these limitations, the following investments are authorized, subject to the restrictions noted below:
A. United States Treasury Obligations, Bills, Notes, and Bonds or similar instruments for which the full faith and credit of the United States is pledged for payment of principal and interest. There is no limitation on the percentage of the City’s surplus funds that can be invested in these instruments. The maximum maturity period may not exceed 5 years.
B. US Agency and/or Obligations, Securities that represent an obligation of several agencies or instrumentalities which administer selected lending programs of the U.S. Government. These agencies include, but are not limited to, obligations issued by banks for cooperatives, federal land banks, federal intermediate credit banks, the Federal Home Loan Board (FHLB), Federal Home Loan Mortgage Corporation (FHLMC), Federal Farm Credit Bank (FFCB), and the Federal National Mortgage Association (FNMA).
Although there is no percentage limitation on investments in these obligations, the “Prudent Investor Rule” applies to obligations issued by any of these agencies, because U.S. Government backing is implied rather than guaranteed. The maximum maturity period may not exceed 5 years.
C. Commercial Paper rated “P-1” by Moody’s Investor Services or “A-1” by Standard & Poor’s, and issued by a domestic corporation having assets in excess of $500,000,000 and has a long-term debt rating of “A2” or higher by Moody’s or “A” or higher rating by S&P. The purchase of eligible commercial paper may not exceed 270 days maturity nor represent more than 5% of the outstanding paper of an issuing corporation. No more than 2% of the market value of the portfolio may be invested in commercial paper issued by one corporation. Medium term corporate holdings must be 328
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6 included when calculating this 2% limitation. The Purchase of commercial paper not to exceed 25% of the City’s surplus funds.
D. FDIC Insured Certificates of Deposit issued by a nationally or state- chartered bank, or a state of federal savings and loan association, or by a state-licensed branch of a foreign bank. The invested amount per institution shall not exceed the current FDIC insured limit (currently $250,000). Purchases of eligible FDIC insured certificates of deposit shall not exceed five years to maturity.
E. Negotiable Certificates of Deposit issued by a national or state-charted bank or a state or federal saving and loan association. Negotiable certificates of deposit may not exceed 30% of the City’s total portfolio.
Certificates purchased from a bank may not exceed 30% of the City’s total portfolio. Certificates purchased from a bank may not exceed the shareholder’s equity in the bank. Certificates over $500,000 purchased from savings and loan associations may not exceed the net worth of the association. The maximum maturity period may not exceed 5 years.
F. State of California Local Agency Investment Fund (LAIF) Funds may be invested in LAIF; a State of California managed investment pool, up to the maximum dollar amounts per separate legal entity in conformance with the account balance limits authorized by the State Treasurer. Annual review of LAIF’s Pool Money Investment Board Annual Report will be conducted to continue to ensure LAIF’s investment policy, standards, and rate of return are compatible with the City’s risk tolerance. Maximum investment limits are dependent upon limits established under the Local Agency Investment Funds guidelines.
G. Funds held under the terms of a Trust Indenture or other contract or debt issuance agreement may be invested according to the provisions of those indentures’ agreements.
H. The City may invest in non-negotiable time deposits that are collateralized as required by the California Government Code, and that are maintained in banks and savings and loans associations that meet the requirement for accepting deposits of public funds. Because time deposits are not liquid, no more than 25% of the City’s temporarily idle funds may be invested in this category. A maximum maturity period may not exceed one year.
I. Medium term corporate notes with a maximum maturity of 5 years may be purchased. Securities eligible for investment must be rated “A2” or higher by Moody’s or “A” or higher rating by S&P. Medium term notes may not exceed 30% of the market value of the City’s portfolio, and not more than 2% of the market value of the portfolio may be invested in notes issued by any one corporation. Commercial paper holdings must be included when calculating this 2% limitation. The maximum maturity period may not exceed 5 years.
J. Shares of beneficial interest issued by diversified management companies, that are money market funds (MMFs) registered with the 329
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7 Securities and Exchange Commission under the Investment Advisory Company Act of 1940 (15 U.S.C. Sec 80a-1 et seq.). To be eligible for investment pursuant to this subdivision these companies shall either (I) attain the highest ranking letter or numerical rating provided by not less than two of the three largest nationally recognized rating services or (2) have an investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience investing in money market instruments with assets in excess of $500,000,000.
The purchase price of the MMF shares shall not exceed 20% of the City's surplus funds. No more than 10% of the City’s surplus funds may be invested in shares of any one MMF.
K. Supranational Debt Obligations. United States dollar-denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development of the World Bank (IBRD), International Finance Corporation (IFC), and Inter-American Development Bank (IABD), with maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments must have a minimum rating of AA or better by at least two of the following NRSRO’s: Moody’s, S&P, or Fitch, and shall not exceed 30% of the City’s surplus funds, and not more than 5% of the market value of the portfolio may be invested in notes issued by any one supranational. The maximum maturity period may not exceed 5 years.
L. Joint Power Authority. Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (r), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria
:
(1) The adviser is registered or exempt from registration with the Securities and Exchange Commission.
(2) The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive.
(3) The adviser has assets under management in excess of five hundred million dollars ($500,000,000).
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8 9.0 UNAUTHORIZED INVESTMENTS:
State and Federal laws notwithstanding, any investment not specifically described herein including, but not limited to, reverse repurchase agreements, derivatives, options, futures, zero coupon bonds, inverse floaters, range notes, first mortgages or trust deeds, collateralized mortgage obligations, (CMO’s), limited partnerships, real estate investments, trusts (REIT’s), open-end mutual funds with a weighted average maturity greater than 180 days, unregulated and/or uninsured investment pools, common stock, preferred stock, commodities, precious metals, securities with high price volatility, limited marketability (less than three active bidders), securities that may default on interest payments and any other speculative investment deemed inappropriate under the prudent investor standard are strictly prohibited.
In addition, any new investment or renewal and/or addition to existing investments in firms that are predominantly in the business of exploration, production, drilling and/or refining of coal, petroleum, oil, and/or natural gas are prohibited.
10.0 REVIEW OF INVESTMENT PORTFOLIO
The securities held by the City of Lynwood must be in compliance with Section 8.0 Authorized and Suitable Investments at the time of purchase. The Quarterly Investment report will identify any securities that do not comply. The Treasurer shall report any instances of noncompliance identified through the review of the portfolio to the City Council.
11.0 COLLATERAL REQUIREMENTS:
Collateral for Certificates of Deposit (CD) and Negotiated Certificates of Deposit (NCD) must comply with Government Code, Chapter 4, Bank Deposit law Section 16500 et seq. and the Savings and Loan and Credit Union Deposit Law Government Code Section 16600 et seq.
In order to reduce market risk and provide a level of security for all funds, the market value of securities that underlay Certificates of Deposit shall be valued at 110% of the market value of principal and accrued interest. Repurchase Agreements shall be valued at 102% of the market value of principal and accrued interest.
In conformity with the provisions of the Federal Bankruptcy Code that provide for the liquidation of securities held as collateral, the only securities acceptable as collateral are certificates of deposit, commercial paper, eligible bankers acceptances, and medium term notes or securities that are the direct obligation of, or are fully guaranteed as to principal and interest by the United States or any City of the United States.
An independent third party with whom the City has a current custodial agreement will always hold collateral.
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9 The right of collateral substitution is granted with prior approval of the City Treasurer.
12.0 SAFEKEEPING AND CUSTODY
All securities owned by the City shall be held in safekeeping by the City’s custodial bank or by a third-party bank trust department, acting as agent for the City under the terms of a custody agreement or master repurchase agreement. All security transactions, including collateral for repurchase agreements, entered into by the City shall be conducted on a Delivery-Versus-Payment (DVP) basis through the City’s safekeeping agent. Securities held in custody for the City shall be independently audited on an annual basis to verify investment holdings.
13.0 DIVERSIFICATION:
The Treasurer shall maintain a diversified portfolio to minimize the risk of loss resulting from over concentration of assets in a specific maturity, issuer, or security type. With the exception of U.S. Treasury securities, Federal agencies, and LAIF, no more than 50% of the City’s total investment portfolio will be invested in with a single institution. Additionally, no more than 2%, calculated at the time of purchase, of the portfolio shall be invested in one name or with one credit counterparty.
14.0 MAXIMUM MATURITIES:
To the extent possible the portfolio will attempt to match its investments with anticipated cash flow requirements. Matching maturities with cash flow dates will reduce the need to sell securities prior to maturity, thus reducing a potential realized loss. The portfolio will not directly invest in securities maturing more than five (5) years from the date of purchase pursuant to Government Code Section 53601. (Excluding LAIF). The weighted average maturity of the portfolio shall not exceed 3 years.
Reserve funds may be invested in securities exceeding one year if the maturity of such investments is made to coincide as nearly as practicable with the expected use of the funds. No portion of the portfolio may exceed five years.
15.0 INTERNAL CONTROL:
The Treasurer is responsible for establishing and maintaining an internal control structure designed to ensure that the City’s assets are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that those objectives are met. The concept of reasonable assurance recognizes that the cost of a control should not exceed the benefits to be derived and that the valuation of costs and benefits requires estimates and judgments by management. Internal control procedures shall address:
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10 Separation of duties
Control of collusion
Custodial safekeeping
Avoidance of physical delivery of securities
Written confirmation of transfers for investments and wire transfers Written procedures for placing investment transactions Delegation of authority to investment officials
16.0 PERFORMANCE STANDARDS:
The investment portfolio shall be designed with the objective of obtaining a market rate of return throughout budgetary and economic cycles, commensurate with investment risk constraints and cash flow needs:
a. Investment Strategy: The portfolio’s basic investment strategy is to buy and hold investments until maturity. However, the Treasurer may sell a security due to adverse changes in credit risk or, due to unexpected cash flow needs, or to improve the quality, yield, or target duration of the portfolio.
b. Market Yield (Benchmark): The City portfolio is managed with the objective of obtaining a market rate of return, commensurate with identified risk constraints and cash flow characteristics. The appropriate benchmarks will be periodically reviewed by the City Treasurer.
17.0 REPORTING:
In compliance with Government code Section 53607 and 53646, the Treasurer shall provide the City Council quarterly investment reports, which provide a clear picture of the status of the current investment portfolio.
The Quarterly Investment Report will include the following information: portfolio statistics, portfolio performance, compliance reporting requirements, and investment trading:
Portfolio Statistics
Classification of the investment, the percentage of the total portfolio which each type of investment represents, issuer, CUSIP, purchase date, rating of security, date of maturity, par and dollar amount invested on all securities and investments.
Current market value and the source of the market value. Weighted average maturity of the investment portfolio. Maturity aging by type of investment.
Unrealized gain or loss resulting from appreciation or depreciation in the market value of securities.
Compliance Reporting Requirements
Cash management projection: Statement denoting the ability of the City to meet its expected obligations over the next six months. 333
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11 Statement of compliance with the Policy: Reasons for and number of violations or exceptions to the investment policy during the quarter being reported on, as well as prior violations or exceptions which have not yet been corrected.
Investment Trading Activity
All investment transactions occurring during the quarter whether or not the transaction has been fully settled.
A description of any security purchased during the quarter with a maturity exceeding five years.
A description of any security downgraded below the minimum acceptable ratings level (below prime for short term ratings, or below investment grade for long term ratings).
18.0 INVESTMENT POLICY ADOPTION:
The Treasurer shall annually render to the City Council a Statement of Investment policy as required in Section 53646(a) of the Government Code. The City’s investment policy shall be adopted by resolution of the City Council and shall be reviewed annually; any modification made thereto must be approved by the legislative body.
19.0 GLOSSARY
Definitions of investment-related terms are listed on Exhibit A. 334
Revised January 16, 2024
EXHIBIT A
GLOSSARY
ACCRETION: Adjustment of the difference between the price of a bond bought at an original discount and the par value of the bond.
AGENCIES: Federal agency securities and/or Government-sponsored enterprises (GSEs), also known as U.S. Government instrumentalities. Securities issued by Government National Mortgage Association (GNMA) are considered true agency securities, backed by the full faith and credit of the U.S. Government. GSEs are financial intermediaries established by the federal government to fund loans to certain groups of borrowers, for example homeowners, farmers and students and are privately owned corporations with a public purpose. The most common GSEs are Federal Farm Credit System Banks, Federal Home Loan Banks, Federal Home Loan Mortgage Association, and Federal National Mortgage Association.
AMORTIZATION: Accounting procedure that gradually reduces the cost value of a limited life or intangible asset through periodic charges to income. For fixed assets, the term used is “depreciation”. It is common practice to amortize any premium over par value paid in the purchase of preferred stock or bond investments.
APPRECIATION: Increase in the value of an asset such as a stock bond, commodity or real estate.
ASKED PRICE: The price a broker/dealer offers to sell securities.
ASSET BACKED: A type of security that is secured by receivables, such as credit card and auto loans. These securities typically pay principal and interest monthly.
BANKERS' ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer.
This money market instrument is used to finance international trade.
BASIS POINT: One-hundredth of one percent (i.e., 0.01%).
BENCHMARK: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio’s investment.
BID PRICE: The price a broker/dealer offers to purchase securities.
BOND: A financial obligation for which the issuers promises to pay the bondholder a specified stream of future cash flows, including periodic interest payments and a principal repayment.
BOOK RATE OF RETURN: A measure of a portfolio’s performance over time. It is the internal rate of return which equates the beginning value of the portfolio with the ending value, and includes interest earnings and realized gains and losses on the portfolio. 335
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13 BOOK VALUE: The value at which a debt security is shown on the holder’s balance sheet. Book value is acquisition cost less amortization of premium or accretion of discount.
BROKER: A broker acts as an intermediary between a buyer and seller for a commission and does not trade for his/her own risk and account or inventory.
CALLABLE SECURITIES: A security that can be redeemed by the issuer before the scheduled maturity date.
CASH FLOW: An analysis of all changes that affect the cash account during a specified period.
CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large-denomination CD's are typically negotiable.
COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.
COLLATERALIZED MORTGAGE OBLIGATION (CMO) : A type of mortgage-backed security that creates separate pools of pass-through rates for different classes of bondholders with varying maturities, called tranches. The repayments from the pool of pass-through securities are used to retire the bonds in the order specified by the bonds' prospectus.
COMMERCIAL PAPER: Short-term, unsecured, negotiable promissory notes of corporations.
COMMERCIAL RECEIVABLES: Business debt owed to a creditor which may be used as collateral for asset backed securities. These receivables include equipment leases, building leases, and other business loans.
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual financial report for the City. It includes combined statements and basic financial statements for each individual fund and account group prepared in conformity with Generally Accepted Accounting Principles (GAAP).
CONDUIT FINANCING: A financing in which a governmental agency issues debt and the proceeds of the issue are loaned to a nongovernmental borrower who then applies the proceeds for a project financing or (if permitted by federal tax laws for a qualified 501(c)(3) bond) for working capital purposes.
CONSUMER RECEIVABLES: Consumer debt owed to a creditor which may be used as collateral for asset backed securities. These receivables include credit card, auto, and home equity loans.
CORPORATE NOTE: Debt instrument issued by a private corporation.
COUPON: The annual rate at which a bond pays interest. 336
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14 CREDIT ANALYSIS: An analysis of the economic and financial conditions to determine creditworthiness or the ability to meet debt obligations.
CREDIT RATINGS: A grade given to a debt instrument that indicates its credit quality.
Private independent rating services such as Standard & Poor's, Moody's and Fitch provide these evaluations of the issuer's financial strength, or its ability to pay principal and interest in a timely fashion. High graded credit ratings are as follows:
Moody's Standard & Poor’s Fitch
Long
Term
Short
Term
Long
Term
Short
Term
Long
Term
Short
Term
Aaa
P1
AAA
A1+
AAA
A1+
Aa1 AA+ AA+
Aa2 AA AA
Aa3 AA- AA-
A1 A+ A1 A+
A2 A A
A3 P2 A- A2 A- A2Baa1 BBB+ BBB+
CREDIT RISK: The risk that an obligation will not be paid and a loss will result due to a failure of the issuer of a security.
CUSIP: Stands for Committee on Uniform Securities Identification Procedures. A CUSIP number identifies most securities, including: stocks of all registered U.S. and Canadian companies, and U.S. government and municipal bonds. The CUSIP system—owned by the American Bankers Association and operated by Standard & Poor’s—facilitates the clearing and settlement process of securities. The number consists of nine characters (including letters and numbers) that uniquely identify a company or issuer and the type of security.
CURRENT YIELD: The annual interest on an investment divided by the current market value. Since the calculation relies on the current market value rather than the investor’s cost, current yield is unrelated to the actual return the investor will earn if the security is held to maturity.
CUSTODIAN: A bank or other financial institution that keeps custody of stock certificates and other assets.
DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his/her own risk and account or inventory.
DEBENTURES: A bond secured only by the general credit of the issuers.
DEFEASED BOND ISSUES: Issues that have sufficient money to retire outstanding debt when due, so that the agency is released from the contracts and covenants in the bond documents.
DELIVERY VERSUS PAYMENT (DVP): Delivery of securities with a simultaneous exchange of money for the securities.
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15 DERIVATIVE: A financial instrument that is based on, or derived from, some underlying asset, reference date, or index.
DIRECT ISSUER: Issuer markets its own paper directly to the investor without use of an intermediary.
DISCOUNT: The difference between the cost of a security and its value at maturity when quoted at lower than face value.
DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns and risk profiles.
DURATION: A measure of the timing of the cash flows, such as the interest payments and the principal repayment, to be received from a given fixed-income security. This calculation is based on three variables: term to maturity, coupon rate, and yield to maturity. Duration measures the price sensitivity of a bond to changes in interest rates.
EARNED INCOME YIELD THIS PERIOD (annualized): The Total net Earnings this period divided by Average Daily Portfolio Balance and the number of days in the period, multiplied by 365 (or 360 depending on the profile setting), and then multiplied by 100.
FACE VALUE: The principal amount owed on a debt instrument. It is the amount on which interest is computed and represents the amount that the issuer promises to pay at maturity.
FAIR VALUE: The amount at which a security could be exchanged between willing parties, other than in a forced or liquidation sale. If a market price is available, the fair value is equal to the market value.
FANNIE MAE: Trade name for the Federal National Mortgage Association (FNMA), a U.S. Government sponsored enterprise.
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that provides insurance on bank deposits, guaranteeing deposits to a set limit per account, currently $100,000.
FEDERAL FARM CREDIT BANK (FFCB): Government-sponsored enterprise that consolidates the financing activities of the Federal Land Banks, the Federal Intermediate Credit Banks and the Banks for Cooperatives. Its securities do not carry direct U.S. government guarantees.
FEDERAL FUNDS RATE: The rate of interest at which Federal funds are traded. This rate is considered to be the most sensitive indicator of the direction of interest rates, as it is currently pegged by the Federal Reserve through open-market operations.
FEDERAL GOVERNMENT AGENCY SECURITIES : Federal Agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. 338
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16 FEDERAL HOME LOAN BANKS (FHLB): Government sponsored enterprise (currently made up of 12 regional banks) that regulates and lends funds and provides correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. Although the banks operate under federal charter with government supervision, the securities are not guaranteed by the U. S. Government.
FEDERAL HOME LOAN MORTGAGE CORPORATION (FHLMC): Government sponsored enterprise that helps maintain the availability of mortgage credit for residential housing. FHLMC finances these operations by marketing guaranteed mortgage certificates and mortgage participation certificates. Its discount notes and bonds do not carry direct U.S. government guarantees.
FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA): Government sponsored enterprise that is the largest single provider of residential mortgage funds in the United States. FNMA is a private stockholder-owned corporation. The corporation's purchases include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages. FNMA's securities are also highly liquid and are widely accepted. FNMA securities do not carry direct U.S. Government guarantees.
FEDERAL OPEN MARKET COMMITTEE (FOMC): A committee of the Federal Reserve Board, which establishes monetary policy and executes it through temporary and permanent changes to the supply of bank reserves.
FEDERAL RESERVE SYSTEM: The central bank of the U.S. which consists of a seven- member Board of Governors, 12 regional banks and about 5,700 commercial banks that are members.
FED WIRE: A wire transmission service established by the Federal Reserve Bank to facilitate the transfer of funds through debits and credits of funds between participants within the Fed system.
FREDDIE MAC: Trade name for the Federal Home Loan Mortgage Corporation (FHLMC), a U.S. government sponsored enterprise.
FITCH INDIVIUAL BANK RATINGS: Individual Ratings are assigned to banks that are legal entities. These ratings, which are internationally comparable, attempt to assess how a bank would be viewed if it were entirely independent and could not rely on external support. These ratings are designed to assess a bank's exposure to, appetite for, and management of risk, and thus represent the agency's view on the likelihood that it would run into significant financial difficulties such that it would require support. The ratings are as follows:
A. A very strong bank - Characteristics may include outstanding profitability and balance sheet integrity, franchise, management, operating environment or prospects.
B. A strong bank - There are no major concerns regarding the bank.
Characteristics may include strong profitability and balance sheet integrity, franchise, management, operating environment or prospects. 339
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17 C. An adequate bank, which, however, possesses one or more troublesome aspects. There may be some concerns regarding its profitability and balance sheet integrity, franchise, management, operating environment or prospects .
D. A bank that has weaknesses of internal and/or external origin. There are concerns regarding its profitability and balance sheet integrity, franchise, management, operating environment or prospects. Banks in emerging markets are necessarily faced with a greater number of potential deficiencies of external origin.
E. A bank with very serious problems, which either requires or is likely to require external support.
F. A bank that has either defaulted or, in Fitch Ratings' opinion, would have defaulted if it had not received external support. Examples of such support include state or local government support, (deposit) insurance funds, acquisition by some other corporate entity or an injection of new funds from its shareholders or equivalent.
Note: Gradations may be used among the ratings A to E: i.e. A/B, B/C, C/D, and D/E. No gradations apply to the F rating.
GINNIE MAE: Trade name for the Government National Mortgage Association (GNMA), a direct obligation bearing the full faith and credit of the U.S. Government.
GOVERNMENT ACCOUNTING STANDARDS BOARD (GASB): A standard-setting body, associated with the Financial Accounting Foundation, which prescribes standard accounting practices for governmental units.
GUARANTEED INVESTMENT CONTRACTS (GICS): An agreement acknowledging receipt of funds, for deposit, specifying terms for withdrawal, and guaranteeing a rate of interest to be paid.
INACTIVE DEPOSITS: Funds not immediately needed for disbursement.
INTEREST RATE: The annual yield earned on an investment, expressed as a percentage.
INTEREST RATE RISK: The risk of gain or loss in market values of securities due to changes in interest-rate levels. For example, rising interest rates will cause the market value of portfolio securities to decline.
INVESTMENT AGREEMENTS: A contract providing for the lending of issuer funds to a financial institution which agrees to repay the funds with interest under predetermined specifications.
INVESTMENT GRADE (LONG TERM RATINGS): The minimum, high quality ratings for long term debt such as corporate notes. Investment Grade ratings are as follows: A3 (Moody’s), A- (S&P), and A- (Fitch).
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18 INVESTMENT PORTFOLIO: A collection of securities held by a bank, individual, institution or government agency for investment purposes.
LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash with minimum risk of principal.
LOCAL AGENCY INVESTMENT FUND (LAIF): An investment pool sponsored by the State of California and administered/managed by the State Treasurer. Local government units, with consent of the governing body of that agency, may voluntarily deposit surplus funds for the purpose of investment. Interest earned is distributed by the State Controller to the participating governmental agencies on a quarterly basis.
LOCAL AGENCY INVESTMENT POOL: A pooled investment vehicle sponsored by a local agency or a group of local agencies for use by other local agencies.
MARK TO MARKET: Current value of securities at today's market price.
MARKET RISK: The risk that the value of securities will fluctuate with changes in overall market conditions or interest rates. Systematic risk of a security that is common to all securities of the same general class (stocks, bonds, notes, money market instruments) and cannot be eliminated by diversification (which may be used to eliminate non- systematic risk).
MARKET VALUE: The price at which a security is currently being sold in the market.
See FAIR VALUE.
MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase agreements and reverse repurchase agreements that establish each party's rights in the transactions. A master agreement will often specify, among other things, the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller-borrower.
MATURITY: The date that the principal or stated value of a debt instrument becomes due and payable.
MEDIUM-TERM NOTES (MTNs): Unsecured, investment-grade senior debt securities of major corporations which are sold in relatively small amounts either on a continuous or an intermittent basis. MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or to investor preferences.
MODIFIED DURATION: The percent change in price for a 100-basis point change in yields. This is a measure of a portfolio’s or security’s exposure to market risk.
MONEY MARKET: The market in which short term debt instruments (Treasury Bills, Discount Notes, Commercial Paper, Banker’s Acceptances and Negotiable Certificates of Deposit) are issued and traded.
MORTGAGED BACKED SECURITIES: A type of security that is secured by a mortgage or collection of mortgages. These securities typically pay principal and interest monthly. 341
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19 MUNICIPAL BONDS: Debt obligations issued by states and local governments and their agencies, including cities, counties, government retirement plans, school districts, state universities, sewer districts, municipally owned utilities and authorities running bridges, airports and other transportation facilities.
MUTUAL FUND: An entity that pools money and can invest in a variety of securities which are specifically defined in the fund’s prospectus.
NEGOTIABLE CERTIFICATE OF DEPOSIT: A large denomination certificate of deposit which can be sold in the open market prior to maturity.
NET PORTFOLIO YIELD: Calculation in which the 365-day basis equals the annualized percentage of the sum of all Net Earnings during the period divided by the sum of all Average Daily Portfolio Balances.
NEW ISSUE: Term used when a security is originally “brought” to market.
NOTE: A written promise to pay a specified amount to a certain entity on demand or on a specified date.
OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit: Sales have the opposite effect. Open market operations are the Federal Reserve's most important and most flexible monetary policy tool.
PAR VALUE: The amount of principal which must be paid at maturity. Also referred to as the face amount of a bond. See FACE VALUE.
PORTFOLIO: The collection of securities held by an individual or institution.
PREMIUM: The difference between the par value of a bond and the cost of the bond, when the cost is above par.
PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. These dealers are authorized to buy and sell government securities in direct dealing with the Federal Reserve Bank of New York in its execution of market operations to carry out U.S. monetary policy. Such dealers must be qualified in terms of reputation, capacity, and adequacy of staff and facilities.
PRIME (SHORT TERM RATING): High quality ratings for short term debt such as commercial paper. Prime ratings are as follows: P1 (Moody’s), A1 (S&P), and F1 (Fitch).
PRINCIPAL: The face value or par value of a debt instrument, or the amount of capital invested in a given security.
PROSPECTUS: A legal document that must be provided to any prospective purchaser of a new securities offering registered with the Securities and Exchange Commission that typically includes information on the issuer, the issuer’s business, the proposed use of 342
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20 proceeds, the experience of the issuer’s management, and certain certified financial statements (also known as an “official statement”).
PRUDENT INVESTOR STANDARD: A standard of conduct for fiduciaries. Investments shall be made with judgment and care--under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.
PUBLIC DEPOSITS: A bank that is qualified under California law to accept a deposit of public funds.
PURCHASE DATE: The date in which a security is purchased for settlement on that or a later date. Also known as the “trade date”.
RATE OF RETURN: 1) The yield, which can be attained on a security, based on its purchase price or its current market price. 2) Income earned on an investment, expressed as a percentage of the cost of the investment.
REALIZED GAIN (OR LOSS): Gain or loss resulting from the sale or disposal of a security.
REGIONAL DEALER: A financial intermediary that buys and sells securities for the benefit of its customers without maintaining substantial inventories of securities and that is not a primary dealer.
REPURCHASE AGREEMENT (RP or REPO): A transaction in which a counterparty or the holder of securities (e.g. investment dealer) sells these securities to an investor (e.g. the City) with a simultaneous agreement to repurchase them at a fixed date. The security "buyer" (e.g. the City) in effect lends the "seller" money for the period of the agreement, and the terms of the agreement are structured to compensate the “buyer” for this. Dealers use RP extensively to finance their positions. Exception: When the Fed is said to be doing RP, it is lending money, which is, increasing bank reserves.
REVERSE REPURCHASE AGREEMENT (REVERSE REPO): The opposite of a repurchase agreement. A reverse repo is a transaction in which the City sells securities to a counterparty (e.g. investment dealer) and agrees to repurchase the securities from the counterparty at a fixed date. The counterparty in effect lends the seller (e.g. the City) money for the period of the agreement with terms of the agreement structured to compensate the buyer.
RISK: Degree of uncertainty of return on an asset.
SAFEKEEPING: A service which banks offer to clients for a fee, where physical securities are held in the bank’s vault for protection and book-entry securities are on record with the Federal Reserve Bank or Depository Trust Company in the bank’s name for the benefit of the client. As agent for the client, the safekeeping bank settles securities transactions, collects coupon payments, and redeems securities at maturity or on call date, if called.
SECURITIES AND EXCHANGE COMMISSION (SEC): Agency created by Congress to protect investors in securities transactions by administering securities legislation. 343
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21 SEC RULE 15C3-1: See UNIFORM NET CAPITAL RULE.
SECONDARY MARKET: A market for the repurchase and resale of outstanding issues following the initial distribution.
SECURITIES: Investment instruments such as notes, bonds, stocks, money market instruments and other instruments of indebtedness or equity.
SETTLEMENT DATE: The date on which a trade is cleared by delivery of securities against funds.
SPREAD: The difference between two figures or percentages. It may be the difference between the bid (price at which a prospective buyer offers to pay) and asked (price at which an owner offers to sell) prices of a quote, or between the amount paid when bought and the amount received when sold.
STRUCTURED NOTE: A complex, fixed income instrument, which pays interest, based on a formula tied to other interest rates, commodities or indices. Examples include “inverse floating rate” notes which have coupons that increase when other interest rates are falling, and which fall when other interest rates are rising and “dual index floaters”, which pay interest based on the relationship between two other interest rates, for example, the yield on the ten-year Treasury note minus the Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate swap agreements.
STUDENT LOAN MARKET ASSOCIATION (SLMA): Government-sponsored enterprise that purchases student loans from originating financial institutions and provides financing to state student loan agencies. It provides a national secondary market for federally- sponsored student loans and credit to participants in the post-secondary education lending sector.
SUBORDINATED DEBT: Debt over which senior debt has priority. In the event of a bankruptcy, subordinated debt holders receive payment only after senior debt holders are paid in full.
TIME DEPOSIT: A deposit with a California bank or savings and loan association for a specific amount and with a specific maturity date and interest rate. Deposits of up to $100,000 are insured by FDIC. Deposits over $100,000 are collateralized above the insurance with either government securities (at 110% of par value), first trust deeds (at 150% of par value), or letters of credit (at 105% of par value).
TOTAL RATE OF RETURN: A measure of a portfolio’s performance over time. It is the internal rate of return which equates the beginning value of the portfolio with the ending value, and includes interest earnings and realized and unrealized gains and losses on the portfolio. For bonds held to maturity, total return is the yield to maturity.
TRUSTEE OR TRUST COMPANY OR TRUST DEPARTMENT OF A BANK: A financial institution with trust powers which acts in a fiduciary capacity for the benefit of the bondholders in enforcing the terms of the bond contract. 344
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22 UNDERWRITER: A dealer which purchases a new issue of municipal securities for resale.
UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker/dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash.
U.S. GOVERNMENT AGENCY SECURITIES: Securities issued by U.S. government agencies, most of which are secured only by the credit worthiness of the particular agency.
See AGENCIES.
U.S. TREASURY OBLIGATIONS: Securities issued by the U.S. Treasury and backed by the full faith and credit of the United States. Treasuries are the benchmark for interest rates on all other securities in the U.S. The Treasury issues both discounted securities and fixed coupon notes and bonds. The income from Treasury securities is exempt from state and local, but not federal, taxes.
TREASURY BILLS: Securities issued at a discount with initial maturities of one year or less. The Treasury currently issues three-month and six-month Treasury bills at regular weekly auctions. It also issues very short-term “cash management” bills as needed to smooth out cash flows.
TREASURY NOTES: Intermediate-term coupon-bearing securities with initial maturities of one year to ten years.
TREASURY BOND: Long-term coupon-bearing securities with initial maturities of ten years or longer.
UNREALIZED GAIN (OR LOSS): Gain or loss that has not become actual. It becomes a realized gain (or loss) when the security in which there is a gain or loss is actually sold.
See REALIZED GAIN (OR LOSS).
VOLATILITY: Characteristic of a security, commodity or market to rise or fall sharply in price within a short-term period.
WEIGHTED AVERAGE MATURITY: The average maturity of all the securities that comprise a portfolio that is typically expressed in days or years.
WEIGHTED AVERAGE YIELD AT THE END OF PERIOD: The summation of each investment’s period-end scheduled book value multiplied by its ending sub-period yield and divided by the total scheduled book value. Investments maturing on or before the end date of the report period will not affect the weighted average yield.
WHEN ISSUED (WI): Short form of “when, as, and if issued.” WI refers to a transaction made conditionally because a security, although authorized, has not yet been issued with the exception of new Treasury, Agency, and Corporate issuances to settle within 21 days. 345
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23 YIELD: The annual rate of return on an investment expressed as a percentage of the investment. See CURRENT YIELD; YIELD TO MATURITY.
YIELD CURVE: Graph showing the relationship at a given point in time between yields and maturity for bonds that are identical in every way except maturity.
YIELD TO MATURITY: Concept used to determine the rate of return if an investment is held to maturity. It takes into account purchase price, redemption value, time to maturity, coupon yield, and the time between interest payments. It is the rate of income return on an investment, minus any premium or plus any discount, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond, expressed as a percentage.
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, APPROVING THE CITY’S ANNUAL STATEMENT OF INVESTMENT POLICY
WHEREAS, The City of Lynwood is required to have a Statement of Investment Policy that regulates the investment of public funds.
WHEREAS, Pursuant to Government Code 53646(a), the City Treasurer may submit the Statement of Investment Policy to the City Council for its consideration at a public meeting.
WHEREAS, Section 53646 of the Government Code allows local agencies to annually approve the Statement of Investment Policy which has been prepared by the Treasurer its designated officer of such local agency; and
WHEREAS, The Policy was prepared with guidelines for a prudent investment policy.
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. The City Council of the City of Lynwood approves the City’s Annual Statement of Investment Policy.
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 as to the adoption of this Resolution and hereafter the same shall be in full force and effect.
PASSED, APPROVED and ADOPTED this ____ day of October 2024 ________________________________
Luis Solache, Mayor
ATTEST: APPROVED AS TO CONTENT:
_____________________________ __________________________ Maria Quinonez, City Clerk Julian Lee, Interim City Manager 347
APPROVED AS TO FORM:
______________________________
Noel Tapia, City Attorney
348