Maywood City Council
February 23, 2022

AGENDA

REGULAR MEETING OF THE MAYWOOD CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY

REDEVELOPMENT AGENCY
WEDNESDAY, FEBRUARY 23, 2022 AT 7:00 PM
Maywood City Council Chambers
4319 E. Slauson Avenue, Maywood, CA 90270
www.cityofmaywood.com
I. CALL TO ORDER/ROLL CALL

CALL TO ORDER

ROLL CALL
II. CITY OFFICIALS
MAYOR
Heber Marquez

MAYOR PRO TEM
Frank Garcia

COUNCIL MEMBERS
Eduardo De La Riva
Ricardo Lara
Jessica Torres

CITY CLERK
Flor Aguiluz

CITY TREASURER
Mary Mariscal

CITY MANAGER
Jennifer E. Vasquez

CITY ATTORNEY
Roxanne Diaz
III. COVID-19 MEETING PROCEDURES
PUBLIC ADVISORY: This meeting will be conducted pursuant to the provisions of Government Code Section 54953(e) (as amended by AB 361), which authorizes teleconferenced meetings under the Brown Act in compliance with Government Code Section 54953(e) during a proclaimed State of Emergency. For this regular meeting, members of the City Council and City Staff are permitted to attend the meeting by teleconference and such teleconference locations are not accessible to the public and are not subject to special posting requirements. Some members of the City Council and staff may attend the meeting at City Hall in the City Council Chambers located at 4319 E.

Slauson Avenue. The City Council Chambers, however, will not be open to the Public. The meeting will be broadcast using the Zoom platform as well as broadcasted live on the City's Facebook page.

To maximize public health and safety while still maintaining transparency and public access, members of the public can observe and participate in the meeting virtually via Zoom or follow the meeting live via the City’s Facebook page. Public participation is highly encouraged using the virtual platform. Below is information on how the public may observe and participate in the meeting.

If you would like to speak on an agenda item, you can access the meeting remotely via zoom :

Join by phone 1-669-900-6833 Enter Meeting ID: 867 8417 2493 Passcode: 533037 OR Please click the link below to join the webinar:
https://us02web.zoom.us/j/86784172493?pwd=UGtwcjc2U3pzSWtjM3NtTVFaZWEzdz09 Passcode: 533037
To participate in the meeting by providing public comment via teleconference/video conference:

Live real-time verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public participation period for agenda items or during the public participation period for nonagenda items. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number.

Before the meeting: You can also submit your public comments for the record in advance by 4:30 pm the day of the meeting by email to [email protected]; or if you are unable to email, please call the City Clerk's Office at (323) 562-5714. Your comment will be made part of the written record but will NOT be read verbally at the meeting.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Council meeting, please contact the City Clerk’s Office, (323) 562-5714 within 48 hours of the meeting.

IV. MAYOR, COUNCILMEMBERS AND STAFF COMMENTS
V. PUBLIC PARTICIPATION (Agenda Items; Time allotted: 3 minutes) Speakers wishing to address the City Council on an item on the agenda may use the instructions provided in section III. COVID - 19 MEETING PROCEDURES on page 1 of this agenda.

VI. PRESENTATIONS
VII. PUBLIC HEARING

VIII. CONSENT CALENDAR
All matters listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council request specific items to be removed from the Consent Calendar for separate discussion or action.

1. MINUTES OF FEBRUARY 9, 2022 CITY COUNCIL MEETING

2. RESOLUTION NO. 6223 OF THE CITY COUNCIL OF THE CITY OF MAYWOOD

AND SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY

REDEVELOPMENT AGENCY APPROVING THE WARRANTS FOR PAYMENT

3. MONTHLY CASH AND INVESTMENT REPORT TO THE CITY COUNCIL FOR JANUARY 2022

4. REVENUE REPORT FROM JULY 2021 - JANUARY 2022

5. RESOLUTION NO. 6224 APPROVING THE GENERAL SERVICES AGREEMENT

BETWEEN THE CITY OF MAYWOOD AND THE COUNTY OF LOS ANGELES AND

AUTHORIZING THE MAYOR TO EXECUTE THE RENEWAL AGREEMENT

6. CONSIDERATION OF REJECTING BIDS AND AUTHORIZATION TO READVERTISE CONSTRUCTION OF RIVERFRONT PARK FITNESS COURT, PROJECT NO. 6303
IX. DISCUSSION/ACTION ITEMS

7. CONSIDERATION OF ENTERING INTO AN AGREEMENT WITH OPTIMERE FOR

PUBLIC RECORDS REQUEST SOFTWARE (NEXTREQUEST) AND
APPROPRIATING $7,200 FROM THE AMERICAN RESCUE PLAN ACT (ARPA) FUNDS FOR THE SERVICES.

8. FISCAL YEAR (FY) 21/22 MIDYEAR FINANCIAL REPORT AND CONSIDERATION OF ADOPTION OF RESOLUTION NO. 6225 TO AMEND THE FY 21/22 BUDGET X. CLOSED SESSION
XI. PUBLIC PARTICIPATION (Non-Agenda Items; Time allotted: 3 minutes) Speakers wishing to address the City Council on a non- agenda item you may use the instructions provided in section III. COVID - 19 MEETING PROCEDURES on page 1 of

this agenda.

XII. ADJOURNMENT - The next Regular Meeting of the Maywood City Council is Wednesday, March 9, 2022 at 7:00 p.m.

PUBLIC ACCESS TO MEETING AGENDA AND AGENDA PACKETS
I, _______________________________, Flor Aguiluz, City Clerk or Shirley Quinones, Deputy City Clerk, hereby certify that this agenda was duly posted by law at 4319 E. Slauson Avenue, Maywood, CA 90270 and the City Website. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the Maywood City Hall, 4319 E. Slauson Avenue, Maywood CA 90270. If you challenge in court any discussion or action taken concerning an item on this Agenda, you may be limited to rising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting. In compliance with the ADA, if you need special assistance for the meeting, call (323) 562- 5723 within 72 hours prior to the meeting so the City can make reasonable arrangements to ensure accessibility.

AGENDA 1
ITEM NO. _____

MINUTES

REGULAR MEETING OF THE MAYWOOD CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY

REDEVELOPMENT AGENCY
WEDNESDAY, FEBRUARY 9, 2022 AT 7:00 PM
I. CALL TO ORDER/ROLL CALL
Mayor Marquez called to order at approximately 7:02 p.m.

II. CITY OFFICIALS

MAYOR CITY CLERK
Heber Marquez (present) Flor Aguiluz (teleconference)

MAYOR PRO TEM CITY TREASURER
Frank Garcia (teleconference ) Mary Mariscal (teleconference)

COUNCIL MEMBERS CITY MANAGER
Eduardo De La Riva (teleconference ) Jennifer E. Vasquez (teleconference ) Ricardo Lara (teleconference)
Jessica Torres (teleconference) CITY ATTORNEY
Roxanne Diaz (teleconference)
STAFF PRESENT:

Hrant Manuelian, Finance Director (present)
Steve Fowler, Director of Building and Planning (present) Shirley Quinones, Deputy City Clerk (present)
III. COVID-19 MEETING PROCEDURES
PUBLIC ADVISORY: THE CITY COUNCIL CHAMBERS ARE NOT OPEN TO THE PUBLIC pursuant to the provisions of Government Code Section 54953(e) (as amended by AB 361), which authorizes teleconferenced meetings under the Brown Act in compliance with Government Code Section 54953(e) during a proclaimed State of Emergency.

OBSERVERS WERE ABLE TO VIEW THE MEETING LIVESTREAMED VIA THE CITY’S FACEBOOK AT:
https://www.facebook.com/cityofmaywood OR BY ZOOM AT:

Teleconference 1-669-900-6833 Meeting ID: 891 8652 9828 Passcode: 091757

or
https://us02web.zoom.us/j/89186529828?pwd=dXBWQTNUQlpKcWZBRUN4QkVsTExCZz09 Passcode: 091757
Live real-time verbal public comments were made by members of the public joining the meeting via the Zoom platform.

IV. MAYOR, COUNCILMEMBERS AND STAFF COMMENTS
Mayor, Council Members and City Manager provided community updates.

V. PUBLIC PARTICIPATION (Agenda Items; Time allotted: 3 minutes) The following spoke on Agenda items:
1) David Perez (via teleconference)
VI. PRESENTATIONS

CITY OF MAYWOOD GENERAL PLAN UPDATE
Steve Fowler, Director of Building and Planning, and Alison LeFlore gave a presentation on the Updates to the City of Maywood General Plan.

VII. PUBLIC HEARING
None
VIII. CONSENT CALENDAR

1. MINUTES OF JANUARY 20, 2022 SPECIAL CITY COUNCIL MEETING Motion to approve minutes of the January 20, 2022 Special City Council Meeting by Lara. Second by Mayor Pro Tem Garcia. AYES: De La Riva, Lara, Torres, Garcia, Marquez . PASSES

2. MINUTES OF JANUARY 26, 2022 CITY COUNCIL MEETING
Motion to approve minutes of the January 26, 2022 City Council Meeting by Lara. Second by Mayor Pro Tem Garcia. AYES: De La Riva, Lara, Torres, Garcia, Marquez . PASSES

3. RESOLUTION NO. 6219 OF THE CITY COUNCIL OF THE CITY OF MAYWOOD AND

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY REDEVELOPMENT AGENCY

APPROVING THE WARRANTS FOR PAYMENT
Motion to adopt Resolution No. 6219 of the City Council of the City of Maywood

and Successor Agency to the Maywood Community Redevelopment Agency Approving the Warrants for Payment by Lara. Second by Mayor Pro Tem Garcia.

AYES: De La Riva, Lara, Torres, Garcia, Marquez . PASSES

4. RECONSIDERATION OF THE CIRCUMSTANCES OF THE COVID-19 STATE OF

EMERGENCY TO DETERMINE WHETHER THE LEGISLATIVE BODIES OF THE CITY

OF MAYWOOD WILL CONTINUE TO HOLD MEETINGS VIA TELECONFERENCING

AND MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54953(e)(3).

Motion to continue the authorization of Public Meetings of the City's Legislative Bodies to be held via teleconferencing pursuant to Government Code Section 54953(e) and make findings and determinations regarding the same by Lara Second by Mayor Pro Tem Garcia. AYES: De La Riva, Lara, Torres, Garcia, Marquez . PASSES

5. CONSIDERATION OF RESOLUTION NO. 6220 DESIGNATING DIANE R. GLADWELL

AS THE ELECTIONS OFFICIAL FOR THE CITY'S GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022 AND APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH GLADWELL CONSULTING, INC., FOR ELECTION MANAGEMENT

SUPPORT SERVICES
Motion to adopt Resolution No. 6220 Designating Diane R. Gladwell as the Elections Official for the City's General Municipal Election to be held on November 8, 2022 and authorizing the City Manager to enter into a Professional Service Agreement with Gladwell Governmental Services, Inc. by Lara. Second by De La Riva. AYES: De La Riva, Lara, Torres, Garcia, Marquez . PASSES Item # 5 was pulled for further discussion.

6. APPROVAL OF RESOLUTION NO. 6221 DESIGNATINATING THE APPOINTED MAYOR AS BANK SIGNATORY AND REMOVAL OF PRIOR MAYOR FROM BANK SIGNATORY.

Motion to adopt Resolution No. 6221 Designating the appointed Mayor as Bank Signatory and removing the prior Mayor as bank signatory by Lara. Second by Mayor Pro Tem Garcia. AYES: De La Riva, Lara, Torres, Garcia, Marquez . PASSES IX. DISCUSSION/ACTION ITEMS

7. CONSIDERATION OF RESOLUTION NO. 6222 APPROVING AND ADOPTING A

COMPREHENSIVE PAY SCHEDULE FOR ALL FULL-TIME EMPLOYEES, PART-TIME

EMPLOYEES, AND ELECTED OFFICIALS IN ACCORDANCE WITH CALPERS

GUIDELINES
Motion to approve Resolution No. 6222 Approving and adopting a Comprehensive Pay Schedule for all Full-Time Employees, Part-Time Employees,

and Elected Officials in Accordance with CalPers Guidelines by Mayor Pro Tem Garcia. Second by De La Riva. AYES: De La Riva, Lara, Torres, Garcia, Marquez .

PASSES
X. CLOSED SESSION
Conference with Labor Negotiator; Government Code Section 54957.6; City Negotiator: City Manager; Employee Organization: Maywood Employees Association
No Reportable Action.

XI. PUBLIC PARTICIPATION (Non-Agenda Items; Time allotted: 3 minutes) The following spoke on Non-Agenda items:
1) David Perez (via teleconference)
2) Veronica Guardado (via teleconference)
XII. ADJOURNMENT
Meeting adjourned at approximately 8:29 p.m. to the next meeting of the Maywood City Council, Wednesday, February 23, 2022 at 7:00 p.m.
_______________________________________
Heber Marquez, Mayor
ATTEST:
________________________________
Flor Aguiluz, City Clerk

AGENDA ITEM No. 2.

RESOLUTION NO. 6223

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MAYWOOD AND SUCCESSOR AGENCY TO THE MAYWOOD

COMMUNITY REDEVELOPMENT AGENCY APPROVING THE

WARRANTS FOR PAYMENT
WHEREAS, the following listed demands have been reviewed by the Director of Finance, and WHEREAS, the Director of Finance has certified to the accuracy and availability of funds for payment thereof, and
WHEREAS, the register of audited demands is hereby submitted to the City Council of the City of Maywood and Successor Agency to the Maywood Community Redevelopment Agency for approval.

NOW, THEREFORE, BE IT RESOLVED, that the listed Warrants and Wire Transfers/Automated Clearing House (ACH) Transactions for $791,663.81 are hereby ratified:

 Exhibit A – Summary of Warrants and Wire Transfers/ACH Transactions  Exhibit B – Detail of Warrants
PASSED, APPROVED AND ADOPTED THIS 23rd day of February, 2022. _______________________
Heber Marquez, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Flor Aguiluz, City Clerk Roxanne Diaz, City Attorney

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF MAYWOOD )
I, Flor Aguiluz, City Clerk of the City Council of the City of Maywood, do hereby certify that foregoing Resolution No. 6223 was duly passed and adopted by the City Council of the City of Maywood, at a regular meeting of the City Council held on the 23rd day of February, 2022 by the following roll call vote, to wit:

AYES:

NAYES:

ABSENT:

ABSTAINED:
_________________________
Flor Aguiluz, City Clerk

Wednesday, February 23, 2022
Accounts Payable Amount
$ 48,914.35
$ 637,604.81
Sub-total $ 686,519.16
Wire Transfers/ACH Transactions
02/08/22 CalPERS Health Premium February 2022 $ 30,303.57 02/08/22 CalPERS Employer Contribution 1/16/22 - 1/29/22 $ 6,841.67 02/08/22 California Joint Powers Insurance Authority (CJPIA) repayment plan agreement - February 2022 $ 22,355.58 02/14/22 US Bank - Analysis Service Charge $ 1,563.44
02/17/22 Payroll Pay Period 1/30/22-2/12/22 $ 44,080.39 Sub-total $ 105,144.65
Total Demands $ 791,663.81
City of Maywood
Summary Warrants for Payment and Wire Transfers/ACH Transactions Council Meeting Date
Accounts Payable prepaid warrants for payment: Checks No. 089312 - 089337 Accounts Payable regular warrants for payment: Checks No. 089338 - 089364

Check No. Prepaids Date Vendor Name Check Amt Transaction Description Fund 089312 P 2/16/2022 Adrien Perez 69.13 Reimbursement costs for 1099 forms and envelopes General Fund - 01 089313 P 2/16/2022 AT&T 25.50 Elevator Emergency Phone Line 01/01/22 - 01/31/2022 General Fund - 01 089314 P 2/16/2022 AT & T Long Distance 42.39 Elevator Emergency Phone Line January 2022 General Fund - 01 089315 P 2/16/2022 Brinks, Inc. 180.37 February 2022 Cash Handling Service General Fund - 01 089316 P 2/16/2022 CalProMax Engineering, Inc. 6,857.22 6.6 KV Street Lighting Conversaion Loma Vista RETENTION release Street Lighting - Fund 62 089317 P 2/16/2022 Occupational Health Centers of CA 225.68 Wellness Examination General Fund - 01 089318 P 2/16/2022 CoreLogic Solutions, LLC. 150.00 Property Finder February 2022 General Fund - 01 089319 P 2/16/2022 Dave And Frank Automotive 889.78 Vehicle Maintenance General Fund - 01 089320 P 2/16/2022 Dewey Pest Control 137.00 February 2022 Pest Control General Fund - 01 089321 P 2/16/2022 Los Angeles Regional Food Bank 150.00 Mobile Food Pantry General Fund - 01 089322 P 2/16/2022 L.B. Johnson Hardware Co. 24.08 Street Maintenance Gas Tax - Fund 04 089323 P 2/16/2022 LGP Equipment Rentals 211.95 Street Maintenance Gas Tax - Fund 04 089324 P 2/16/2022 Mapcon Technologies, Inc. 83.00 Mapcon Building & Planning Software February 2022 General Fund - 01 089325 P 2/16/2022 Tri-City Mutual Water Company 677.25 Various Locations 01-01-2022 to 01-31-2022 General Fund - 01 089326 P 2/16/2022 Nixle dba Everbridge, Inc. 4,500.00 Nixle Engage General Fund - 01 089327 P 2/16/2022 QDoxs 118.53 Copier Base Charge January 2022 General Fund - 01 089328 P 2/16/2022 Southern California Edison 23,261.49 Various Locations 12-23-2021 to 01-24-2022 General Fund - 01 089329 P 2/16/2022 Sparkletts Drinking Water Corp 55.60 City Hall Office Water General Fund - 01 089330 P 2/16/2022 Staples Business Advantage 586.52 Office Supplies General Fund - 01 089331 P 2/16/2022 The Gas Company 477.49 4323 Slauson Ave. 01/10/2022 - 02/09/2022 General Fund - 01 089332 P 2/16/2022 The Gas Company 370.88 4317 Slauson Ave. 01/10/2022 - 02/09/2022 General Fund - 01 089333 P 2/16/2022 The Gas Company 247.78 4319 Slauson Ave. 01/10/2022 - 02/09/2022 General Fund - 01 089334 P 2/16/2022 Time Warner Cable 625.60 Internet & Phone Service February 2022 General Fund - 01 089335 P 2/16/2022 U.S. Bank Corporate Payment System 8,538.79 Credit Card Expense 12/21/21-01/07/22 General Fund - 01 089336 P 2/16/2022 Vernon, City of 39.12 Slauson & Downey 11-08-2021 to 01/05/2022 Street Lighting - Fund 62 089337 P 2/16/2022 Xerox Financial Services 369.20 Lease Payment 12-15-2021 - 02-14-2022 General Fund - 01 City of Maywood
Detail Warrants for Payment
Warrants No. 089264 to 089311
1 of 3

Check No. Prepaids Date Vendor Name Check Amt Transaction Description Fund City of Maywood
Detail Warrants for Payment
Warrants No. 089264 to 089311
089338 2/16/2022 Alta Environmental 1,555.74 Professional Services January 2022 Ms4 nPDES Permit General Fund - 01 089339 2/16/2022 Amazon Capital Services 1,190.96 Office Supplies General Fund - 01 089340 2/16/2022 Active Universal Capital, LLC 6,618.24 Crossing Guard Services - January 2021 General Fund - 01 089341 2/16/2022 Beam Global 864.00 Charging Station Repairs General Fund - 01 089342 2/16/2022 California Consulting, Inc. 3,250.00 Grant Writing Services: February 2022 General Fund - 01 089343 2/16/2022 Calmex Graphics 326.31 Business Cards City Staff General Fund - 01 089344 2/16/2022 Colantuono, Highsmith & Whatley, PC 75.40 Under Collection of Utility User Taxes General Fund - 01 089345 2/16/2022 County of Los Angeles Department of Animal Control 5,138.00 Animal Control Services December 2021 General Fund - 01 089346 2/16/2022 Crosstown Electrical & Data, Inc. 1,299.43 Repairs various streetlights Street Lighting - Fund 62 089347 2/16/2022 Daily Journal Corporation 6,320.72 Publication of Official Notices General Fund - 01 089348 2/16/2022 GWMA 555.23 Admin & Cost Sharing Harbor Toxic Upstream FY 2021/2022 General Fund - 01 089349 2/16/2022 Graffiti Protective Coatings 2,830.00 January 2022 Bus Shelter Maintenance General Fund - 01 089350 2/16/2022 HDL Coren & Cone 2,255.07 Property Tax Service: January 2022 - March 2022 General Fund - 01 089351 2/16/2022 HdL Software, LLC 1,025.92 Quarterly Use Fee-Permit Track Software 03-01-2022 to 05-31-2022 General Fund - 01 089352 2/16/2022 Myers & Sons Hi-Way Safety, Inc. 537.65 Street Maintenance Gas Tax - Fund 04 089353 2/16/2022 Kiley & Associates, LLC 3,900.00 Federal Legislative Advocacy Consultants General Fund - 01 089354 2/16/2022 League of California Cities 11,002.00 2022 Membership Dues General Fund - 01 089355 2/16/2022 Maywood Car Wash 208.07 Car Wash December 2021 (Car Wash & Gas) General Fund - 01 089356 2/16/2022 Metro Transit Services 36,453.27 Public Transporation Services Express & Dial-A-Ride January 2022 Prop A - Fund 09 089357 2/16/2022 Municipal Waste Solutions 6,460.00 Solid Waste Consulting January 2022 General Fund - 01 089358 2/16/2022 MV Cheng & Associates Inc. 6,825.00 Senior Accountant Consultant January 2022 General Fund - 01 089359 2/16/2022 Nationwide Environmental Services 7,410.00 Street Sweeping Services January 2022 General Fund - 01 089360 2/16/2022 Richards, Watson & Gershon 46,264.26 Legal Services General December 2021 General Fund - 01 089361 2/16/2022 Sheriff's Department 428,646.48 Public Safety Services Decemeber 2021 General Fund - 01 089362 2/16/2022 South City Gas, Inc. 196.81 City Vehicle Fleet Trucks: February 2021 - July 2021 General Fund - 01 089363 SPOILED SPOILED General Fund - 01
2 of 3

Check No. Prepaids Date Vendor Name Check Amt Transaction Description Fund City of Maywood
Detail Warrants for Payment
Warrants No. 089264 to 089311
089364 2/16/2022 Transtech Engineers, Inc 56,396.25 City Engineering Services General Fund - 01 TOTAL: $686,519.16
3 of 3

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 3.

DATE: February 23, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: HRANT MANUELIAN, FINANCE DIRECTOR
SUBJECT: MONTHLY CASH AND INVESTMENT REPORT TO THE CITY COUNCIL FOR JANUARY 2022
RECOMMENDATION:

Staff recommends that the City Council receive and file the cash and investment report for January 2022.

BACKGROUND:

To maintain transparency and provide information to the City Council, the City’s Finance Department prepares a monthly cash and investment report for the City Council’s review. The report will show the City’s cash position at month end as well as investments.

DISCUSSION:

The City has historically only invested its cash in the Local Agency Investment Fund (LAIF), which is a State fund with low risk and also low investment returns. As of January 31, 2022, the City has approximately $6.8M invested in the LAIF. The current return as of 1/31/2022 is 0.24%. In the June 24, 2020 City Council meeting, the Maywood City Council approved the City to invest in the PERS section 115 trust accounts for both the PERS pension liability and the Other Post Employment Benefits (OPEB) liability.

On September 22, 2020, the City invested $250,000 into each of the section 115 trust accounts. The City transferred $250,000 into each of the accounts for a total of $500,000. The City has since increased its position in each of these funds by an additional $750,000 each. To date the City has invested $1,000,000 in each fund for a total of $2,000,000. The expected annual return on these accounts is 3%-5%. The funds used to invest in the accounts come from unrestricted general funds as the eventual expenditures are also general fund expenditures.

The attached report shows the cash and investments as of January 31, 2022. The cash and investment balances are across all funds of the City and includes restricted, unrestricted, and budgeted amounts. These balances do not represent the available balance for spending as most of these are either restricted or have already been appropriated for in the City budget. The purpose of this report is to show the cash and investment balances as of the reported on date only and does not represent the City’s available fund balance.

The investment program provides sufficient liquidity to meet six months of estimated expenditures. All investments are in compliance with California state code 503600 and the City of Maywood Investment Policy.

LEGAL REVIEW:

The City attorney has reviewed this report.

FISCAL IMPACT:

There is no fiscal impact involved with this action.

ATTACHMENT(S)

1. Attachment No. 1 Cash and Investment Report

City of Maywood
Cash and Investments Report
As of January 31, 2022
Ending Balance
Description Type 1/31/2022
US Bank Cash 11,180,877.89
Local Agency Investment Fund LAIF 6,885,286.18
CalPers California Employers' Retiree Benefit Trust (CERBT) Section 115 Trust 1,076,591.99 CalPers California Employers' Pension Prefunding Trust (CEPPT) Section 115 Trust 1,016,325.84 20,159,081.90

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 4.

DATE: February 23, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: HRANT MANUELIAN, FINANCE DIRECTOR
SUBJECT: REVENUE REPORT FROM JULY 2021 - JANUARY 2022
RECOMMENDATION:

Staff recommends that the City Council receive and file the Revenue Report from July 2021 – January 2022.

BACKGROUND:

In an effort to maintain transparency, the City’s Finance Department prepares a monthly Revenue report for the City Council’s review. The Revenue Report is a tool used by the Council to monitor and oversee the financial health of the City.

DISCUSSION:

The attached analysis compares prior YTD and current YTD Revenue The total revenue received from July 2021 – December January 2022 totaled $13,630,306.85, which is 31.03% higher than the same period last year due to an increase in special revenue funds.  GENERAL FUND - The total General Fund received totaled $6,786,499.55, which is 5.41% lower than the same period last year. Additionally, there is a 26.39% decrease in Cannabis sales tax compared to last year. However, the City is on track to reach the FY 22 budget. These decreases were partially offset by increases in business license revenue and Vehicle License Fees.  SPECIAL REVENUE FUND - The total Special Revenue Fund received totaled $6,843,807.30, which is 112.04% higher than the same period last year. The contributing factor for the difference in Special Revenue Fund is due to the payment received from the American Rescue Plan Act of 2021 (ARPA).

These Funds support cities in mitigating the fiscal effects stemming from the public health emergency caused by COVID-19. The first of two installments was received in the amount of $3,226,257, and the second and final installment is expected to be received in one year.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

There is no fiscal impact involved with this item.

ATTACHMENT(S)

1. July 2021 - January 2022 - City of Maywood FY2021-22

C - Prior Fiscal Year to
Date Revenue
B - Current Fiscal
Year to Date Revenue
D - Current YTD
versus Prior YTD $
Difference
E - Current YTD Prior
YTD % Difference
G - Adopted Budget FY
2021-22
H - % of FY 2021-2022
YTD Revenue
Received
(C minus B) (C divided by B minus 1) (C divided by G)
GENERAL FUND TAXES: A tax is a compulsory monetary contribution to the City’s revenue, assessed and imposed by the City on the activities, Taxes: expenditure, income, occupation, privilege, property, etc., of individuals and organizations.

Franchise & Collectors Fee $68,665.20 $153,922.08 $85,256.88 0.00% $325,000.00 47.36% Property Taxes $525,328.25 $526,408.20 $1,079.95 0.21% $778,480.00 67.62% Utility Users Tax $542,167.51 $603,054.84 $60,887.33 11.23% $900,000.00 67.01% Transfer Tax (Real Estate) $15,008.68 $11,973.50 ($3,035.18) -20.22% $20,000.00 59.87% Transient Occupancy Tax $31,907.05 $49,906.72 $17,999.67 56.41% $60,000.00 83.18% Cannabis Sales Tax $1,471,807.95 $1,083,446.90 ($388,361.05) -26.39% $3,000,000.00 36.11% Sales Tax Revenue $917,245.47 $1,101,767.47 $184,522.00 20.12% $2,355,904.00 46.77% Taxes Totals $3,572,130.11 $3,530,479.71 ($41,650.40) -1.17% $7,439,384.00 47.46% GENERAL FUND FEES: A fee is a charge imposed on an individual for a service that the person chooses to receive. A fee may not exceed the estimated reasonable cost of providing the particular service or product for which the fee is charged, plus overhead. Fees are charged for specific services, and fee revenue may fund only those services and related expenses. LICENSES and Licenses & Permits: PERMITS are types of fees allowing for the operation within the City.

Compliance Program Fee $0.00 0.00% $45,000.00 0.00%
Residential & Building Permits $14,538.56 $8,123.82 ($6,414.74) -44.12% $29,500.00 27.54% Public Works Permit Fees $83,848.40 $88,615.50 $4,767.10 5.69% $50,000.00 177.23% Other Fees & Permits $18,530.25 $14,092.42 ($4,437.83) -23.95% $27,100.00 52.00% Occupancy Permits $14,162.40 $9,557.10 ($4,605.30) -32.52% $13,000.00 73.52% Building Permits $34,070.93 $31,953.68 ($2,117.25) -6.21% $60,000.00 53.26% Compliance and Review Fees - Cannabis $0.00 0.00% $105,000.00 0.00% Commercial Cannabis Renewal $14,960.00 ($14,960.00) -100.00% $0.00 0.00% Parking Permits $46,361.09 $38,508.90 ($7,852.19) -16.94% $90,000.00 42.79% Apartment License $14,866.25 $13,835.25 ($1,031.00) -6.94% $20,000.00 69.18% Business License $109,794.98 $160,323.18 $50,528.20 46.02% $190,000.00 84.38% Vehicle License Fee - LA County $1,557,095.00 $1,626,683.69 $69,588.69 0.00% $3,173,048.00 51.27% Licenses and Permits Totals $1,908,227.86 $1,991,693.54 $83,465.68 4.37% $3,802,648.00 52.38% GENERAL FUND CHARGES FOR SERVICES: Charges to cover administrative costs for the provision of services. Charges for Services:

Rubbish Assessment $37,799.04 $2,787.15 ($35,011.89) 0.00% $15,000.00 18.58%

Plan Check Fees $24,386.87 $30,188.30 $5,801.43 23.79% $45,000.00 67.09% Rents & Concessions $13,891.50 $13,891.50 $0.00 0.00% $24,000.00 57.88% Charges for Services Totals $76,077.41 $46,866.95 ($29,210.46) -38.40% $84,000.00 55.79% GENERAL FUND FINES AND FORFEITURES: Penalties imposed by the City in the form of money or goods for a violation of an ordinance, law, regulation Fines and Forfeitures: or rule.

Penalties: Apt & Bus License $1,434.25 $476.00 ($958.25) -66.81% $2,500.00 19.04% SEMC: Court Collections (DMV) $52,178.64 $43,224.36 ($8,954.28) 0.00% $100,000.00 43.22% Administrative Citations $9,000.00 $2,200.00 ($6,800.00) -75.56% $15,000.00 14.67% Parking Fines $145,118.94 $136,099.66 ($9,019.28) -6.22% $150,000.00 90.73% Fines and Forfeitures Totals $207,731.83 $182,000.02 ($25,731.81) -12.39% $267,500.00 68.04% GENERAL FUND LEASES AND CONCESSIONS: A rent or lease or payment for the use of a the City's property. Leases and Concessions:

Leased Property Rental Income $27,562.60 $28,684.68 $1,122.08 4.07% $39,345.00 72.91% Leases and Concessions Totals $27,562.60 $28,684.68 $1,122.08 4.07% $39,345.00 72.91% GENERAL FUND MISCELLANEOUS: A General Fund revenue not covered in another revenue category. Miscellaneous:

Good Corporate Citizen Program $0.00 0.00% $40,000.00 0.00% Interest Income $20,927.72 $7,213.43 ($13,714.29) -65.53% $16,500.00 43.72% Miscellaneous Revenue $39,364.15 $28,119.33 ($11,244.82) -28.57% $17,000.00 165.41% CARES Act Reimbursement $344,534.00 ($344,534.00) -100.00% $0.00 0.00% Other (Recycle + ABx1 Reimbursement) $0.00 0.00% $0.00 0.00% Miscellaneous Revenue Totals $404,825.87 $35,332.76 ($369,493.11) -91.27% $73,500.00 48.07% GENERAL FUND RETIREE PENSION LEVY: An amount of revenue from the property tax levy approved by the voters for the purpose of paying the cost to Retiree Pension Levy: the City of the Public Employees Retirement System (PERS).

Retiree Pension Levy $978,330.00 $971,441.89 ($6,888.11) -0.70% $1,158,911.00 83.82% Retiree Pension Levy Totals $978,330.00 $971,441.89 ($6,888.11) -0.70% $1,158,911.00 83.82% General Fund Revenue Totals $7,174,885.68 $6,786,499.55 ($388,386.13) -5.41% $12,865,288.00 52.75% SPECIAL REVENUE FUND SPECIAL REVENUE FUND: Collections of revenues in special funds that must be used for the established purposes of the funds to provide an extra level of accountability and transparency.

Gas Tax $339,124.05 $352,051.51 $12,927.46 3.81% $672,770.00 52.33% Transportation Development Act (TDA)
Bikeway $0.00 0.00% $20,448.00 0.00%
Proposition A $322,057.71 $402,590.93 $80,533.22 25.01% $563,507.00 71.44% Proposition C $267,136.66 $334,146.52 $67,009.86 25.08% $467,414.00 71.49% Measure R $200,856.99 $250,463.84 $49,606.85 24.70% $350,561.00 71.45% Measure M $228,060.41 $283,291.10 $55,230.69 24.22% $397,302.00 71.30% Senate Bill 1 (SB 1) $221,088.96 $234,593.93 $13,504.97 6.11% $536,044.00 43.76% C - Prior Fiscal Year to
Date Revenue
B - Current Fiscal
Year to Date Revenue
D - Current YTD
versus Prior YTD $
Difference
E - Current YTD Prior
YTD % Difference
G - Adopted Budget FY
2021-22
H - % of FY 2021-2022
YTD Revenue
Received
(C minus B) (C divided by B minus 1) (C divided by G)

Community Development Block Grant
(CDBG) $58,935.00 $83,898.00 $24,963.00 0.00% $718,020.00 11.68% Air Quality Management District (AQMD)
Grant $9,324.63 $9,091.68 ($232.95) 0.00% $36,375.00 24.99% Supplemental Law Enforcement Services
Fund (SLESF) Grant $156,190.32 $157,617.74 $1,427.42 0.91% $155,000.00 101.69% Measure A $0.00 0.00% $353,000.00 0.00%
Lighting & Landscaping $91,711.70 $88,497.05 ($3,214.65) 0.00% $189,000.00 46.82% Successor Agency Trust Fund - City of
Maywood serves as the Successor Agency
to the Maywood Redevelopment Agency
$1,185,570.00 $1,226,567.00 $40,997.00 3.46% $1,226,567.00 100.00% Sewer Fund $147,528.07 $144,741.00 ($2,787.07) -1.89% $299,000.00 48.41% Grant/Reimb (Fed/State/County) $50,000.00 $50,000.00 0.00% $531,000.00 9.42% Local Fiscal Recovery Fund $3,226,257.00 $3,226,257.00 0.00% $0.00 0.00% Special Revenue Totals $3,227,584.50 $6,843,807.30 $3,616,222.80 112.04% $6,516,008.00 105.03% Total Revenues $10,402,470.18 $13,630,306.85 $3,227,836.67 31.03% $19,381,296.00 70.33% C - Prior Fiscal Year to
Date Revenue
B - Current Fiscal
Year to Date Revenue
D - Current YTD
versus Prior YTD $
Difference
E - Current YTD Prior
YTD % Difference
G - Adopted Budget FY
2021-22
H - % of FY 2021-2022
YTD Revenue
Received
(C minus B) (C divided by B minus 1) (C divided by G)

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 5.

DATE: February 23, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: MIGUEL LEON, ADMINISTRATIVE ANALYST
SUBJECT: RESOLUTION NO. 6224 APPROVING THE GENERAL SERVICES AGREEMENT

BETWEEN THE CITY OF MAYWOOD AND THE COUNTY OF LOS ANGELES AND

AUTHORIZING THE MAYOR TO EXECUTE THE RENEWAL AGREEMENT
RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 6224 and authorize the Mayor to execute the renewal of the General Service Agreement (GSA) between the City of Maywood and the County of Los Angeles for the period of July 1, 2022, through June 30, 2027.

BACKGROUND:

The County of Los Angeles provides several miscellaneous public services utilized on an as-needed basis requested by Municipalities. The services include but are not limited to such operations as “as-needed” timelimited predatory animal control, prosecution of city ordinances, direct assessment collection, and an assortment of public works services.

The City of Maywood is currently contracted with the County of Los Angeles and has entered its last agreement with the County in 2012 and 2017, with renewal executed every five years.

DISCUSSION:

As-needed services such as animal control have covered the City of Maywood residents, and the agreement has been suitable and without incidents. The current GSA between the City and the County is scheduled to expire on June 30, 2022. To ensure the continuation of services, the County of Los Angeles has requested renewal of GSA for an additional (5) year period. The City Council shall execute the agreement no later than the last day of May 2022.

The new General Service Agreement (GSA) is for a five-year period starting from July 1, 2022, through June 20, 2027. The agreement is subject to approval by the Board of Supervisors.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

The General Service Agreement (GSA) rates for services are determined by the County Auditor-Controller annually effective on July 1 of each year to reflect the cost of such service in accordance with the policies and procedures for the determination of such rates as adopted by the County Board of Supervisors.

There is no fiscal impact with the approval of this item as these services have been budgeted for already. No additional budget amendments are needed.

ATTACHMENT(S)

1. 2022 General Service Agreement - Maywood -Attachment No. 2

AGENDA ITEM No. 5.

RESOLUTION NO. 6224

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MAYWOOD APPROVING THE GENERAL SERVICES AGREEMENT

BETWEEN THE CITY OF MAYWOOD AND THE COUNTY OF LOS

ANGELES AND AUTHORIZING THE MAYOR TO EXECUTE THE

AGREEMENT RESOLUTION NAME
WHEREAS; The City of Maywood is currently contracted with the County of Los Angeles and has entered its last agreement with the County in 2012 and 2017, with renewal executed every five years; and WHEREAS; The County of Los Angeles provides several miscellaneous public services utilized on an as-needed basis requested by Municipalities. The services include but are not limited to such operations as “as-needed” time-limited predatory animal control, prosecution of city ordinances, direct assessment collection, and an assortment of public works services; and
WHEREAS; The County of Los Angeles services include but are not limited to such operations as “as-needed” timelimited predatory animal control, prosecution of city ordinances, direct assessment collection, and an assortment of public works services; and
WHEREAS; ensures the City desire of the continuation of services. The County of Los Angeles has requested renewal of GSA for an additional five-year period. The City Council shall sign no later than the last day of May 2022.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MAYWOOD DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:

Section 1. That the City Council of the City of Maywood authorizes the renewal of the General Service Agreement (GSA) between the City of Maywood for an additional (5) year period from July 1, 2022, through June 20, 2027.

Section 2. The City Council hereby authorizes the Mayor to execute the attached General Services Agreement which extends the Agreement for an additional five (5) year period.

Section 3. The City Clerk shall certify to the adoption of the resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED THIS 23rd day of February 2022. _______________________
Heber Marquez, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Flor Aguiluz, City Clerk Roxanne Diaz, City Attorney

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF MAYWOOD )
I, Flor Aguiluz, City Clerk of the City Council of the City of Maywood, do hereby certify that foregoing Resolution No. 6224 was duly passed and adopted by the City Council of the City of Maywood, at a regular meeting of the City Council held on the February day of 23rd, 2022 by the following roll call vote, to wit:

AYES:

NAYES:

ABSENT:

ABSTAINED:
_________________________
Flor Aguiluz, City Clerk

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GENERAL SERVICES AGREEMENT
THIS GENERAL SERVICES AGREEMENT ("Agreement"), dated for purposes of reference only, July 1, 2022, is made by and between the County of Los Angeles, hereinafter referred to as the "County", and the City of Maywood, hereinafter referred to as the "City."
RECITALS:
(a) The City is desirous of contracting with the County for the performance by its appropriate officers and employees of City functions.
(b) The County is agreeable to performing such services on the terms and conditions hereinafter set forth.
(c) Such contracts are authorized and provided for by the provisions of Section 56½ of the Charter of the County of Los Angeles and Section 51300, et seq., of the Government Code.

THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. The County agrees, through its officers, agents and employees, to perform those City functions, which are hereinafter provided for.

2. The City shall pay for such services as are provided under this Agreement at rates to be determined by the County Auditor-Controller in accordance with the policies and procedures established by the Board of Supervisors.

These rates shall be readjusted by the County Auditor-Controller annually effective the first day of July of each year to reflect the cost of such service in accordance with the policies and procedures for the determination of such rates as adopted by the Board of Supervisors of County.

3. No County agent, officer or department shall perform for said City any

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function not coming within the scope of the duties of such agent, officer or department in performing services for the County.

4. No service shall be performed hereunder unless the City shall have available funds previously appropriated to cover the cost thereof.

5. No function or service shall be performed hereunder by any County agent, officer or department unless such function or service shall have been requested in writing by the City on order of the City Council thereof or such officer as it may designate and approved by the Board of Supervisors of the County, or such officer as it may designate, and each such service or function shall be performed at the times and under circumstances which do not interfere with the performance of regular County operations.

6. Whenever the County and City mutually agree as to the necessity for any such County agent, officer or department to maintain administrative headquarters in the City, the City shall furnish at its own cost and expense all necessary office space, furniture, and furnishings, office supplies, janitorial service, telephone, light, water, and other utilities. In all instances where special supplies, stationery, notices, forms and the like must be issued in the name of the City, the same shall be supplied by the City at its expense.

It is expressly understood that in the event a local administrative office is maintained in the City for any such County agent, officer or department, such quarters may be used by the County agent, officer or department in connection with the performance of its duties in territory outside the City and adjacent thereto provided, however, that the performance of such outside duties shall not be at any additional cost to the City.

7. All persons employed in the performance of such services and functions for

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the City shall be County agents, officers or employees, and no City employee as such shall be taken over by the County, and no person employed hereunder shall have any City pension, civil service, or other status or right.

For the purpose of performing such services and functions, and for the purpose of giving official status to the performance hereof, every County agent, officer and employee engaged in performing any such service or function shall be deemed to be an agent, officer or employee of said City while performing service for the City within the scope of this agreement.

8. The City shall not be called upon to assume any liability for the direct payment of any salary, wages or other compensation to any County personnel performing services hereunder for the City, or any liability other than that provided for in this agreement.

Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his or her employment.

9. The parties hereto have executed an Assumption of Liability Agreement approved by the Board of Supervisors on December 27, 1977 and/or a Joint Indemnity Agreement approved by the Board of Supervisors on October 8, 1991. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this agreement as set out in full herein. In the event that the Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date shall supersede the agreement previously in effect between the parties hereto.

10. Each County agent, officer or department performing any service for the

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City provided for herein shall keep reasonably itemized and in detail work or job records covering the cost of all services performed, including salary, wages and other compensation for labor, supervision and planning, plus overhead, the reasonable rental value of all County-owned machinery and equipment, rental paid for all rented machinery or equipment, together with the cost of an operator thereof when furnished with said machinery or equipment, the cost of all machinery and supplies furnished by the County, reasonable handling charges, and all additional items of expense incidental to the performance of such function or service.

11. All work done hereunder is subject to the limitations of the provisions of Section 23008 of the Government Code, and in accordance therewith, before any work is done or services rendered pursuant hereto, an amount equal to the cost or an amount 10% in excess of the estimated cost must be reserved by the City from its funds to ensure payment for work, services or materials provided hereunder.

12. The County shall render to the City at the close of each calendar month an itemized invoice which covers all services performed during said month, and the City shall pay County therefore within thirty (30) days after date of said invoice.

If such payment is not delivered to the County office which is described on said invoice within thirty (30) days after the date of the invoice, the County is entitled to recover interest thereon. Said interest shall be at the rate of seven (7) percent per annum or any portion thereof calculated from the last day of the month in which the services were performed.

13. Notwithstanding the provisions of Government Code Section 907, if such payment is not delivered to the County office which is described on said invoice within thirty (30) days after the date of the invoice, the County may satisfy such indebtedness,

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including interest thereon, from any funds of any such City on deposit with the County without giving further notice to said City of County's intention to do so.

14. This Agreement shall become effective on the date herein-above first mentioned and shall run for a period ending June 30, 2027, and at the option of the City Council of the City, with the consent of the Board of Supervisors of County, shall be renewable thereafter for an additional period of not to exceed five (5) years.

15. In the event the City desires to renew this Agreement for said five-year period, the City Council shall not later than the last day of May 2027, notify the Board of Supervisors of County that it wishes to renew the same, whereupon the Board of Supervisors, not later than the last day of June 2027, shall notify the City Council in writing of its willingness to accept such renewal. Otherwise, such Agreement shall finally terminate at the end of the aforedescribed period.

Notwithstanding the provisions of this paragraph herein-above set forth, the County may terminate this Agreement at any time by giving thirty (30) days' prior written notice to the City. The City may terminate this Agreement as of the first day of July of any year upon thirty (30) days' prior written notice to the County.

16. This Agreement is designed to cover miscellaneous and sundry services which may be supplied by the County of Los Angeles and the various departments thereof. In the event there now exists or there is hereafter adopted a specific contract between the City and the County with respect to specific services, such contract with respect to specific services shall be controlling as to the duties and obligations of the parties anything herein to the contrary notwithstanding, unless such special contract adopts the provisions hereof by reference.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers.

Executed this _____________day of ________________________2022.

The City of Maywood,
By _____________________________
Mayor
ATTEST:

City Clerk THE COUNTY OF LOS ANGELES
By_____________________________ By_____________________________ Chair, Board of Supervisors
ATTEST:

CELIA ZAVALA
Executive Officer/Clerk
of the Board of Supervisors
By_____________________________
Deputy
APPROVED AS TO FORM:

RODRIGO A. CASTRO-SILVA
County Counsel
By ___________________________
Senior Deputy

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 6.

DATE: February 23, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: ZIAD MAZBOUDI, CONTRACT CITY ENGINEER
SUBJECT: CONSIDERATION OF REJECTING BIDS AND AUTHORIZATION TO RE-ADVERTISE CONSTRUCTION OF RIVERFRONT PARK FITNESS COURT, PROJECT NO. 6303 RECOMMENDATION:

It is recommended that the City Council rejects all bids and authorize staff to re-advertise the project for bids.

BACKGROUND:

On December 9, 2020, the City Council adopted a resolution for the filing of a grant application for Measure A grant funds from the Los Angeles County Regional Park and Open Space District as part of the Measure A annual allocation funds. The funds were to construct an outdoor fitness court and install approximately 28 separate units of outdoor fitness equipment at Riverfront Park. The fitness equipment has already been purchased using grant funds awarded by the California Natural Resources Agency and City General Funds.

The project includes the removal and disposal of grass and soil, forming and pouring fitness court slab and access sidewalk, excavating and constructing shade structure footings, adjusting the sprinkler system, installation of fitness court anchors/hold down, installing fitness court wall and equipment, spraying floor marking and applying decals, installing electrical conduits and wires and constructing bollard footings and installing bollards.

On January 6, 2022, staff advertised Notice Inviting Bids (NIB) on the City’s website and on the local newspaper. Bids were due on January 25, 2022 at 2:00 P.M.

DISCUSSION:

On January 25, 2022 at 2:00 P.M., a total of two (2) bids were received as shown below:

Company Name Bid Amount
Williamson Development Group $174,020
MLC Constructors, Inc. $232,894
As shown on the above bid tabulation, Williamson Development Group submitted the lowest bid amount.

Following the bid analysis, it was determined that Williamson Development Group did not meet some of the City’s criteria hence did not qualify as the lowest responsive and responsible bidder. The second bid submitted was for $232,894 is much higher than the budget for the project.

Staff is requesting the City Council’s authorization to reject bids and re-advertise the project.

LEGAL REVIEW:

The City Attorney has review this report.

FISCAL IMPACT:

Funds in the amount of $236,763 have been programmed in the CIP for this project. Programmed funds include $140,725 from Measure A and $96,038 from California Natural Resources Agency grants.

Programmed funds include cost of City furnished material (outdoor fitness equipment), construction costs and other soft costs. Staff will return to Council after receiving construction bids to establish construction budget.

ATTACHMENT(S)

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 7.

DATE: February 23, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: SHIRLEY QUINONES, EXECUTIVE ASSISTANT/DEPUTY CITY CLERK SUBJECT: CONSIDERATION OF ENTERING INTO AN AGREEMENT WITH OPTIMERE FOR

PUBLIC RECORDS REQUEST SOFTWARE (NEXTREQUEST) AND
APPROPRIATING $7,200 FROM THE AMERICAN RESCUE PLAN ACT (ARPA) FUNDS FOR THE SERVICES.

RECOMMENDATION:

Staff recommends that the City Council approve an agreement with Optimere for Public Records Request software (NextRequest); authorize the City Manager to execute the agreement in the form approved and negotiated by the City Attorney; and approve the appropriation of $7,200 of ARPA funds for the services.

BACKGROUND:

The City Clerk’s office is charged with responding to all California Public Records Act (PRA) requests submitted to the City. Over the past several years, the number of requests has steadily increased, with internal self-tracking no longer being sufficient to timely respond to requests. Many of these requests ask for an expansive range of communications that must be identified by individual employees and elected officials and then reviewed in detail for responsiveness to requests and extraction of privileged or confidential information.

Furthermore, during the COVID-19 pandemic shutdown, staff responded primarily through electronic means.

This trend is continuing and provides a safe way for the city to respond to requests.

In an effort to more efficiently respond electronically and keep up with this trend, the City's Clerk's Office researched companies that provide public records management solutions. Staff sought proposals and demonstrations from three software service companies: GovQA, NextRequest (now Optimere), and JustFOIA.

After reviewing the cost proposals, staff determined that NextRequest was the most cost-effective, userfriendly option, and would reduce the amount of staff time required to manage public records requests. The software will also support archival and purging procedures, provide a public-facing portal that will identify similar requests, accommodate invoicing, and provide workflow tools to manage the responses.

DISCUSSION:

A recent study conducted by Granicus found that agencies' PRA costs averaged $685. A workflow software program can reduce that cost to approximately $17 per request. With staff on track to respond to an estimated 144 requests in 2020, that is an annual cost of $98,640, reduced to $2,448, resulting in an annual savings of $96,192.

On March 10, 2021, President Joe Biden signed into law the American Rescue Plan Act (ARPA) that provided

a $1.9 trillion stimulus to the United States economy. Through the passage of ARPA, the City will be allocated approximately $6 million in two equal installments of about $3 million (the first allocation was already received and the second will be received in May 2022).

The permitted uses of the funds, as stated in the law, are prescribed and limited as follows:

1. To respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality;

2. To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers;

3. For the provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency; and

4. To make necessary investments in water, sewer, or broadband infrastructure.

These funds must be obligated before December 31, 2024, and projects completed, and funds spent by December 31, 2026.

The cost for the first year is $7,200. This includes three (3) additional months free of service, and a one-time implementation fee of $1,500, which will be waived. Renewal pricing is subject to a 3% annual increase. The use of Public Record Act (PRA) software would allow staff to quickly process and respond to requests for records, as statutory by California State Law, quickly and efficiently.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

A budget adjustment is needed in the ARPA special revenue fund for $7,200. The purchase of this software will be made using the ARPA funds. There is no impact on the General Fund. The ARPA funds have been received. However, the expenses have not been budgeted, so a budget amendment is needed.

F.Y. 21-22 Impact: $7,200 Current F.Y. Budget: $0
Fund Impacted: ARPA funds Budget adjustment requested: $7,200 Source of funds: ARPA funds Updated Account Budget: $7,200 Account Number: 38-614-5125 For fiscal year: FY 21/22

ATTACHMENT(S)

1. NextRequest_ ArchiveSocial Order Form (2021) - EXISTING AS CUSTOMER (2)

2. Terms and Conditions_NextRequest - Master Service Agreement (4.6.21)

Proud Maker of ArchiveSocial, Monsido, and NextRequest
nextrequest.com | 548 Market St., Suite PMB 77522 San Francisco, CA 94104 | [email protected] | (833) 698-7778 NextRequest/ArchiveSocial for Maywood
Prepared for: [Client.FirstName][Client.LastName], Maywood Prepared by: CoreyAndrade (NextRequest/ArchiveSocial)
Date: February 18, 2022
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• SOC 2 Security Audit
• Encryption and Threat/Uptime Monitoring
• See a full overview at: nextrequest.com/security
•
Technical
Requirements?
NextRequest is entirely web based and soware-as-a-service • Everything in the cloud - no downloads or installations • Works on all modern web browsers

Proud Maker of ArchiveSocial, Monsido, and NextRequest
nextrequest.com | 548 Market St., Suite PMB 77522 San Francisco, CA 94104 | [email protected] | (833) 698-7778 NextRequest/ArchiveSocial & Maywood
Current Date: February 18, 2022 (valid for 60 days from Current Date) Customer Maywood Term Start March 1, 2022
Address 4219 Slauson Ave, Maywood, CA, [Client.PostalCode] Term End May 31, 2023 Contact Shirley Quinones Invoicing Annually (Due 6/1/22) Name Price QTY Subtotal

Prou
dMakerof ArchiveSocial,Monsido,andNextRequest
nextrequest.com | 548MarketSt.,SuitePMB77522SanFrancisco,CA94104 | [email protected] | (833)698-7778 NextRequestStandardLicense(monthly
pricing,billedannually)
•UnlimitedStausers
•Upto10Admin-Publisherusers
•Upto2TBofstorage
•CoreFeatures: • Public
RequestPortal
•PublicReadingRoom
•PremierSecurityPackage
•PremiumEmailMonitoringSuite
•Emailnotifications
•AutomaticReminders
•Taskassignmentandtracking
•TimeTracking
• Invoicing
•ReviewandRedactionFeatures: • Redaction with unlimit
edusers
•RapidReview(BatchandDra
Redaction)
•OCR(OpticalCharacter
Recognition)
• IT&ComplianceFeatures: • Retention • Single Sign-On • Custom URL • Online Payments (withapproved
paymentsprocessor)
•SOC2Type II Audit
•CJIS&HIPAACompliance(with
BAA)
$699.0015$10,485.00
3FreeMonthsofService-$699.003-$2,097.00
SocialMediaandWebArchivingBundle
Discount
BundlediscountforSocialMediaandWeb
ArchivingbyArchiveSocial,upto$99/mo
-$99.0012-$1,188.00

Proud Maker of ArchiveSocial, Monsido, and NextRequest
nextrequest.com | 548 Market St., Suite PMB 77522 San Francisco, CA 94104 | [email protected] | (833) 698-7778 Standard Set Up & Onboarding (One-time)
• Dedicated Onboarding Specialist
• Kicko Call
• Up to 1 dedicated training session (90
minutes)
• Go-Live Project Plans
• Weekly Group Training Webinars
• In-app Training
• Video Tutorials
• Knowledge Base Articles
• Service Level Agreement
$1,500.00 1 $1,500.00
Setup Waiver -$1,500.00 1 -$1,500.00
Subtotal $7,200.00
Total $7,200.00
Service Agreement
Welcome to NextRequest! This Service Agreement (“Agreement”) includes the above subscription and support (the “Services”) and incorporates the above Order Form as well as the existing Terms of Service previously agreed upon between the customer and ArchiveSocial.

Renewals
Pricing may be subject to a standard 3% annual increase to account for application improvements, new features and inflation.

Maywood NextRequest Co.

Signature: Signature:

Name & Title: Name & Title:

Date: Date:

Accounts Payable Info Will issue PO?
Name: Email: Phone: Yes: No:

Download our W-9 at: nextrequest.com/w-9 (password: foiasoware)

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NextRequest
Master Service Agreement
Version 4.0 (April 6, 2021)
This Master Service Agreement (“MSA”), together with the order form (“Order Form”) executed between NextRequest and Customer, which is incorporated herein by reference, constitute a legally binding contract between NextRequest and Customer. The Order Form, together with this MSA is referred to as the “Agreement” or “Service Agreement”.
“NextRequest” means NextRequest Co., a Delaware Corporation with principal offices at 460 Brannan St. #77208 San Francisco, CA 94107 and “Customer” means the entity or person identified as such in the Order Form. Each of NextRequest and Customer may each be referred to as a “Party” and together as the “Parties”.

1. Defined Terms

1.1. “Business Day” or “Business Hours” means 9:00 a.m. – 6:00 p.m. Monday through Friday, U.S.

Pacific time, excluding public holidays in the United States.

1.2. "Confidential Information" means all information disclosed by one Party (the “Disclosing Party”) to the other Party (the “Receiving Party”), whether before or after the effective date of the Agreement, that the recipient should reasonably understand to be confidential, including information that is marked or otherwise conspicuously designated as confidential, and for NextRequest only, scripts and other tools used in the Service. Information that is (i) independently developed by either Party, without reference to the other's Confidential Information, (ii) is or becomes publicly available (through no improper action or inaction by the Receiving Party or any affiliate, agent, consultant or employee of the Receiving Party), (iii) was in its possession or known by it without restriction prior to receipt from the Disclosing Party, or (iv) becomes available to either Party without restriction other than through breach of the Agreement or applicable law, will not be "Confidential Information" of the other Party. The Receiving Party may make disclosures required by law or court order provided the Receiving Party uses diligent reasonable efforts to limit disclosure and to obtain confidential treatment or a protective order and allows the Disclosing Party to participate in the proceeding to the extent permitted by law.

1.3. “Customer Content” means any content (including without limitation data, text, audio, video, or images) that Customer provides or transfers to NextRequest for processing, storage or transmission in connection with Customer’s use of the Service, including without limitation, public records requests Customer receives directly from Requesters and submits to the Service, as well as any public records results (including redacted versions of documents) that Customer provides, uploads, publishes, displays, transfers or otherwise makes available to NextRequest through its use of the Services. Customer Content does not include Usage Data collected from Customer or Requesters.

1.4. “Customer User” means a person authorized by Customer, such as a Customer employee, to use the Service on Customer’s behalf. Customer User does not include Requesters.

1.5. “Hourly Services” means hourly support or training services to be provided by NextRequest under an applicable Order Form.

1.6. “Intellectual Property” or “IP” means all rights in, to, or arising out of: (i) any U.S., international or foreign patent or any application therefor and any and all reissues, divisions, continuations, renewals, extensions, continuations-in-part, utility models and supplementary protection certificates thereof; (ii) inventions (whether patentable or not in any country), invention disclosures, improvements, trade secrets, proprietary information or materials, know-how, technology and technical data; (iii) copyrights, copyright registrations, mask works, mask work registrations, and applications therefor in the U.S. or any foreign country, and all other rights corresponding thereto throughout the world; (iv) trademarks, service marks, trade names, domain names, logos, trade dress, and all goodwill associated therewith; and (v) any other proprietary rights or a similar nature anywhere in the world.

1.7. “Prohibited Content” means content (i) that violates any third party's rights, including privacy or Intellectual Property rights; (ii) that is libelous, harassing, abusive, fraudulent, defamatory,

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excessively profane, obscene, abusive, hate related, violent, harmful to minors; (iii) that advocates racial or ethnic intolerance; (iv) intended to advocate or advance computer hacking or cracking; (v) gambling; (vi) other illegal activity; (vii) drug paraphernalia; (viii) phishing; (ix) malicious content; and (x) other material, products or services that violate or encourage conduct that would violate any laws or third-party rights.

1.8. “Requester” means a person that uses the Service to make a public records request or to access or download publicly-available records.

1.9. “Requester Content” means information provided directly to NextRequest a Requester. Requester Content does not include Usage Data collected from Requesters.

1.10. “Sensitive Information” means Confidential Information such as financial data, personal data, individually identifiable information about children, individually identifiable health information, geolocation information about specific people, Social Security numbers, driver's license numbers, other confidential ID numbers, financial account numbers, credit or debit card numbers, personal identification numbers (PINs) or passwords, street addresses, phone numbers or other personal information.

1.11. "Service" means NextRequest’s integrated web-based service, which assists customers in responding to public records requests. The Service consists of a core web-based application and any optional modules which may be purchased by Customer. The details of the Service subject to this Agreement are set forth in the Order Form.

1.12.“Service Level Agreement” or “SLA” means the NextRequest Service Level Agreement attached as Exhibit A to this Agreement and incorporated by reference.

1.13.“Service Providers” means third-party providers of services that are part of the Service.

1.14. “Usage Data” means information other than Customer Content or Requester Content that is collected, directly or indirectly, from Customer or Requesters by or through the Service that specifically tracks the usage or performance of the Service, including information that incorporates or is derived from the processing, storage or transmission of information, data or content by or through the Service as well as any information, data or other content derived from NextRequest’s or its Service Providers’ monitoring of Customer’s access to or use of the Service such as information reflecting the access or use of the Service by or on behalf of Customer or any Requester. All right, title, and interest in and to the Usage Data shall remain exclusively with NextRequest. Usage Data shall be considered the Confidential Information of NextRequest.

NextRequest will employ commercially reasonable measures to ensure that access to Usage Data is not provided to any third party unless such entity has a need to know in order for NextRequest to perform its obligations under this Agreement. Notwithstanding anything else, Customer acknowledges and agrees that NextRequest may: (a) use Usage Data as necessary to provide Services under this Agreement, including for purposes of billing and providing reports to Customer; and (b) use and disclose Usage Data provided that it is aggregated in a manner that does not identify Customer, Customer’s Users, or Requesters, and cannot be used to determine which portion of the aggregated data is related or attributable to Customer.

2. Services

2.1. NextRequest Service. During the term of this agreement, NextRequest will use commercially reasonable efforts to deploy, host, and maintain for Customer the Service further described in the Order Form.

2.2. Service Level Agreement. NextRequest will provide support for the Service according to the terms of the Service Level Agreement attached hereto as Exhibit A and incorporated by reference.

2.3. Other Services. If provided in the Order Form, NextRequest will provide Additional Services consistent with industry standards and according to the terms in the Order Form. Services such as setup or customer support will be provided during Business Hours, online, or by telephone, unless otherwise agreed to by the Parties.

2.4. Excluded Services. Unless expressly provided in the Order Form, NextRequest is not responsible for registering or maintaining domain names or DNS; hardware or software not provided as part of the Service; integration between the Service and any other software or system (except for issues originating with the Service or its interfaces); or providing direct support to Requesters.

2.5. Security. The Service is hosted by third-party Service Providers pursuant to agreements between NextRequest and such Service Providers. NextRequest maintains the level of security outlined in

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NextRequest’s Security Policy (“Security Policy”), which is available at https://www.https://www.nextrequest.com/compliance/security-policy.

3. Intellectual Property and Licenses.

3.1. Service. The Service is protected by copyright, trademark, trade secret, and other intellectual property laws of both the United States and foreign countries. Except for the express licenses granted in this Section 3.1, NextRequest reserves all rights in the Service. As between Customer and NextRequest, NextRequest retains all and exclusive rights, title, and interest in and to the Service, including all Intellectual Property rights or moral rights in the Service related thereto or created, used, or provided by NextRequest for the purposes of this Agreement, and any products, works, software used to provide the Service to Customer. During the Term and conditioned upon Customer’s compliance with all provisions of this Agreement, NextRequest hereby authorizes Customer to access and use the Service for purpose of accepting, responding to and managing public records requests and publishing responsive documents (“Purpose”), and grants to Customer a personal, limited, royalty-free, non-exclusive, non-assignable, non-sublicensable and non-transferable right and license to use the Service only for the Purpose. Customer shall not (and shall not permit any third party to) directly or indirectly (a) copy, modify, translate or create derivative works or improvements of the Service; (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any Service or any part or derivative thereof to any person; (c) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code, underlying ideas, algorithms, structure or organization of the Service, in whole or in part; or (d) defeat, bypass, breach, deactivate, or otherwise circumvent any security device or protection used by the Service or access or use the Service other than through the use of its own then valid access credentials.

3.2. Customer Content. As between Customer and NextRequest, Customer retains ownership of all Intellectual Property in Customer Content. Customer grants to NextRequest, its Service Providers and each of NextRequest’s respective subsidiaries, affiliates, and successors a worldwide, nonexclusive, royalty-free, fully-paid-up, transferable, irrevocable, perpetual, unlimited, and sublicensable right and license to use, host, store, cache, reproduce, publish, publicly display, perform, distribute, transmit, translate, publicly perform, adapt, modify, and otherwise fully use and exploit Customer Content, in all media now known or later developed, for the purpose of providing the Services.

3.3. Requester Content. Requester Content submitted directly by a Requester to NextRequest is governed by the NextRequest Terms of Service. As set forth in the Terms of Service, Requester grants to Customer a worldwide, non-exclusive, royalty-free, fully-paid-up, non-assignable, nontransferrable, irrevocable, perpetual, and non-sublicensable right to use Requester Content solely for the Purpose.

3.4. Feedback and improvements. Any suggestions provided by Customer in any form or medium to NextRequest with respect to NextRequest’s products or services shall be collectively deemed “Feedback.” NextRequest will be free to use Feedback without any obligation to Customer and Customer hereby assigns to NextRequest all rights, title, and interest in and to any Feedback.

NextRequest will be considered the sole author of all modifications or improvements to the Service.

NextRequest may use Customer Content to improve the Service and shall be the sole owner of any such improvements, so long as such use protects the confidentiality of Customer Content.

4. Customer Obligations and Restrictions

4.1. Security. Customer will protect the accounts, passwords, and other authentication information Customer uses to access the Service and any NextRequest system, and is responsible for the use of the Service by any Customer User, employee of Customer, any person Customer authorizes to use the Service, any person to whom Customer has given access to the Service, and any person who gains access to Customer Content or the Service as a result of Customer’s failure to use reasonable security precautions, even if such use was not authorized by Customer. Customer’s user names, passwords, other login information or personal information may be stored by NextRequest or its Service Providers in the course of providing Service and may be available to the Service and Service Providers.

4.2. Compliance with Laws. Customer is solely responsible for Customer Content and will comply with all laws applicable to Customer’s use of the Service, including without limitation, all local, state, and federal public records law and privacy and security laws. NextRequest shall not be liable

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for any damages that arise due to Customer’s use of the Services or publication, processing, storage or transmission of any information in violation of any law. Customer represents and warrants that it has reviewed the Security Policy carefully and has made its own, independent determination whether the levels of privacy and security set forth in the Security Policy are sufficient for Customer’s use of the Service. Customer acknowledges and agrees that the Service, including without limitation the degree of privacy and security provided by the Service, may not comply with special privacy and security requirements relating to the processing, storage or transmission of Sensitive Information. Customer will not use the Service to process any information subject to the Health Insurance Portability and Accountability Act (“HIPAA”) without signing a Business Associations Agreement with NextRequest. Customer agrees that if Customer uses the Service to process Sensitive Information, any such use is at Customer’s own risk and NextRequest will have no liability to Customer or any third party arising out of or relating to such use. Customer will indemnify NextRequest and its Service Providers against any and all damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to such use.

Customer will not disclose to NextRequest or the Service any information that Customer is prohibited by any law or regulation from disclosing.

4.3. Acceptable Use Policy. Customer shall not use the Service (i) to send or facilitate the sending of unsolicited bulk commercial email (spam) or inundating a target with communications requests so the target cannot effectively respond to legitimate traffic; (ii) to send, upload, distribute, or transmit or store Prohibited Content (iii) to distribute malware, including viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature; (iv) to alter, disable, interfere with, disrupt, circumvent or exploit vulnerabilities in any aspect of the Service or NextRequest’s or third parties’ other services or systems; (vi) monitor data or traffic on the Service without permission; (vii) forge TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route; (viii) to infringe or misappropriate the Intellectual Property or privacy rights of any person; (vii) to otherwise violate, or promote the violation of, any law or the legal rights of any person; (viii) to impersonate another person; (ix) for any high risk use where failure of the Service could lead to death or serious bodily injury or any person or to physical or environmental damages, such as applications controlling transportation, medical systems or weaponry systems; or (x) to otherwise access or use the Service beyond the scope of the authorization granted under Section 2.1. If Customer becomes aware of any actual or threatened activity prohibited under this section, Customer shall immediately take all reasonable measures to stop the activity, to mitigate its effects, and to notify NextRequest. Customer is responsible for any act or omission of any Customer User. NextRequest and its Service Providers may report any activity, including disclosing appropriate information, if they suspect such activity violates any law or regulation.

4.4. Service Policies and Privacy. Customer acknowledges that NextRequest is required by law to provide a Privacy Policy for all users of the Service and visitors to NextRequest.com. Customer acknowledges that all users of the Service are subject to the NextRequest Privacy Policy available at https://www.nextrequest.com/privacypolicy, which applies to information and data collected with respect to Requesters and Customers, including Requester Content, Usage Data and email correspondence handled by the Service. The NextRequest privacy policy applies to Usage Data relating to Customer Content, but does not apply to Customer Content itself. Customer acknowledges that, in order to use the Service, all users of the Service are subject to the NextRequest Terms of Service available at https://www.nextrequest.com/termsofservice which may be updated from time to time.

4.5. Deletion of Customer Content. The Service enables Customer to delete Customer Content for purposes of adhering to Customer’s document retention or other policies, or any applicable law.

When Customer deletes Customer Content (“Deleted Content”), such Customer Content is removed from databases accessible to Customer, Requester and/or the general public so that Customer no longer has access to Deleted Content. However, copies and backups of Deleted Content may continue to be stored on NextRequest’s or its Service Providers’ servers. Customer acknowledges and agrees that after deletion, under no circumstances will NextRequest provide Customer with copies of Deleted Content. NextRequest may provide Deleted Content to third parties as required by law or a court order, and will notify Customer to the extent allowed by applicable law.

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4.6. Removal of Customer Content, Suspension of Service

4.6.1.NextRequest reserves the right to remove or prohibit any Customer Content or Requester Content that NextRequest determines in its sole discretion violates applicable law or the Acceptable Use Policy.

4.6.2.NextRequest may suspend or terminate Customer’s use of the Services if NextRequest reasonably believes in its sole discretion that: (a) it is required to do so by law or a regulatory or government body, or doing so is necessary to protect the rights of NextRequest, its Service Providers, a Requester, or its other Customers; (b) Customer has failed to comply with any material term of this Agreement, including the Acceptable Use Policy; (c) Customer’s use violates applicable law or third-party rights; or (d) this Agreement expires or is terminated. In the event of that Customer’s use of the Services is suspended or terminated pursuant to this Section 4.6.2, Customer shall be entitled as its sole remedy (and NextRequest’s sole obligation) to a proportionate refund of any prepaid unused Fees from the date of suspension or termination.

4.6.3.Notwithstanding the foregoing and for the avoidance of doubt, NextRequest shall have no obligation to monitor, filter, or disable access to any Customer Content or Requester Content.

4.6.4.If NextRequest or a Service Provider elects to remove Customer Content or suspend the Services, to the extent possible and permitted by applicable law, NextRequest will give Customer advance notice of at least one (1) Business Day and will use commercially reasonable efforts to provide removed Customer Content to Customer to maintain Customer’s business process continuity.

4.6.5.If Customer Content is removed as part of the notice-and-takedown procedure provided by the Digital Millennium Copyright Act (“DMCA”), and Customer believes such Customer Content was wrongly removed as a result of a copyright infringement notice, Customer may notify NextRequest as provided in section 6.3 of the Terms of Service.

5. Customer Representations and Warranties. Customer represents, warrants, and covenants that:

5.1. It is duly organized, validly existing and in good standing under the laws of its jurisdiction of incorporation;

5.2. It has the legal right and authority to enter into and perform its obligations under this Agreement;

5.3. The execution and performance of this Agreement will not conflict with or violate any provision of any applicable federal, state, or municipal law, regulation, or ordinance;

5.4. This Agreement, when executed and delivered, will constitute a valid and binding obligation will be enforceable against Customer in accordance with its terms;

5.5. It has all necessary rights in the Customer Content to permit Customer’s use of the Service and to grant the licenses contained in this Agreement without infringing the Intellectual Property or other rights of any third parties, violating any applicable laws, or violating the terms of any license or agreement to which it is bound;

5.6. Customer has the legal right and authority to provide Customer Content to NextRequest, and to make such Customer Content and Requester Content publicly available through the Service.

5.7. Customer’s disclosure to the Services of any Customer Content or Requester Content will not violate any third-party Intellectual Property Rights or privacy rights.

6. Fees and Invoicing.

6.1. Fees, Invoicing. Customer will pay all fees stated in the Order Form within 30 days of receiving an invoice from NextRequest.

6.2. Payments Processing. This section applies to Customers who use NextRequest’s online payment tools and integrations (the “Payments Module”). The Payments Module and related integrations is made available through agreement(s) with Stripe, Inc., the terms of which are available at https://stripe.com/us/legal. By electing to use the Payments Module, Customer agrees to abide by the relevant terms of NextRequest’s agreements with Stripe, Inc., including without limitation terms relating to compliance with applicable laws, data privacy, and permitted and prohibited uses. Transactions processed using the Payments Module are handled directly between Requesters, Customer and Customer’s Payment processor (for example, Stripe).

NextRequest does not receive sensitive financial information (such as credit card or bank numbers) relating to the transactions. The only data made available to NextRequest is a record of the transaction including invoice information and the amount of the transaction.

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6.3. Expenses. If Customer purchases Hourly Services, Customer will reimburse NextRequest for all ordinary and necessary expenses incurred in connection with the performance of the Hourly Services, including travel-related expenses. All travel will be pre-approved by Customer.

6.4. Taxes. Customer is responsible for any taxes that may be due as a result of this Agreement, except for taxes on NextRequest’s net income. Taxes payable by Customer will be billed as separate items on NextRequest’s invoices and will not be included in NextRequest’s fees. If Customer claims a tax exemption, Customer must provide documentation of the exemption to NextRequest at the time of Customer order.

7. Confidential Information

7.1. Duty to Protect Confidential Information. Each Party will exercise the same degree of care and protection with respect to the Confidential Information of the other Party that it exercises with respect to its own Confidential Information, at least a reasonable degree of care. A Party will not use the Confidential Information of the other Party except as permitted by this Agreement.

Notwithstanding the foregoing either Party may disclose the other’s Confidential Information to its employees and agents who have a need to know for the Purpose, provided that any agent to which Confidential Information is disclosed is bound by non-disclosure terms at least as protective as those in this Agreement.

7.2. Return of Confidential Information. Unless otherwise authorized, upon the earlier of termination of this Agreement or request by the other Party, each Party will promptly return or, subject to Section 3.7 and any applicable law, destroy all Confidential Information disclosed to it by the other Party and provide certification that all such Confidential Information has been returned or destroyed.

7.3. Notification Obligation. If a Party becomes aware of any unauthorized use or disclosure of the Confidential Information of the other Party, it will make commercially reasonable efforts to notify the other Party of the unauthorized use or disclosure and assist in seeking a protective order or other appropriate remedy.

8. Publicity. In the event that customer has indicated a Publicity Contact on the Order Form, NextRequest will request Customer’s consent to use Customer’s name and logo in NextRequest promotional or marketing materials by contacting the Customer Publicity Contact. If Customer does not respond to NextRequest’s request within fourteen (14) days, or declines to identify a Publicity Contact, Customer agrees that NextRequest may publicly disclose Customer’s use of the Service and may use Customer’s name and logo to identify Customer as its customer in promotional or marketing materials, including press releases.

9. Term and Termination

9.1. Term. The term of this agreement begins on the earlier of (1) acceptance of this Agreement by Customer or (2) the first date on which NextRequest begins providing Services to Customer and ends on the later of (a) the last day of the Initial Term as set forth in the Order Form, (b) the last date of any renewal term, or (c) the last date on which NextRequest provides Services to Customer. Unless NextRequest receives notice of termination from Customer 60 days or more before the expiration of the initial term (or any renewal term), the Agreement will renew automatically on the terms set forth herein for an additional term of one year at NextRequest’s then-current rates.

9.2. Termination for Convenience. Customer may terminate for convenience at any time upon 30 days' written notice to NextRequest but will not be entitled to any refund of fees for any unused portion of the Service or unused Hourly Services.

9.3. Termination for Breach. Either Party may terminate the Agreement for breach if the other Party materially fails to meet any obligation stated in the Agreement and does not remedy that failure within thirty (30) days of written notice from the nonbreaching Party describing the failure.

9.4. Effect of Termination. Upon expiration or termination of this Agreement for any reason, all licenses and rights to use the Service granted to Customer shall terminate immediately, and Customer shall immediately cease all use of the Service. If Customer has paid in advance for Service, and this Agreement terminates due to material breach of this Agreement by NextRequest, NextRequest shall refund Customer a prorated amount of any amount already paid. Upon

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termination by Customer for convenience or due to material breach by Customer, in addition to any remedy provided in this Agreement or provided in law or equity, NextRequest shall be entitled to retain any amounts already paid. The following terms will survive expiration or termination of the Agreement: Sections 3, 4, 6, 7, 8, 11, 12, and 13 as well as all other provisions of the Agreement that by their nature are intended to survive expiration or termination of the Agreement.

10. Changes to Services. In order to improve the Service, NextRequest may change, upgrade, patch, enhance, or fix any or all of the Service (“Updates”) from time to time in order to provide the Service, and such Updates will become part of the Service and subject to this Agreement; provided that Next Request shall have no obligation under this Agreement or otherwise to provide any such Updates.

Customer understands that NextRequest may cease supporting old versions or releases of the Service at any time; provided that NextRequest will make commercially reasonable efforts to give Customer prior notice of any major changes to the Service.

11. Intellectual Property Infringement and Indemnification

11.1. NextRequest’s Obligations for IP Infringement. If any action is instituted by a third party against Customer based upon a claim that any part of the Service (an “Infringing Item”), infringes any Intellectual Property right, NextRequest’s sole obligation will be at its option and expense to (a) procure for Customer the right to continue using the Infringing Item, (b) replace or modify the Infringing Item so that it is no longer infringing but continues to provide comparable functionality, or (c) terminate this Agreement and Customer’s access to the Service, in which case NextRequest shall refund a prorated amount of any amounts paid for which Service have not yet been received.

NextRequest shall have no liability to Customer for any infringement action to the extent such action arises out of a breach of the terms and conditions of this Agreement by Customer or of the use of the Service (or any component part thereof) after it has been modified by Customer without NextRequest’s prior written consent. This Section 12.1states NextRequest’s sole liability to Customer, and Customer’s exclusive remedy against NextRequest for infringement claims.

11.2. Customer's Indemnification of NextRequest. Unless prohibited under applicable law given Customer’s status as a public entity, Customer agrees to defend, indemnify and hold harmless NextRequest and its affiliates and their respective directors, officers, employees, and agents from and any and all damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) incurred as a result of any claim, judgment, or proceeding relating to or arising out of: (a) Customer’s breach of this Agreement, including without limitation of any of Customer’s warranties or representations or NextRequest’s Acceptable Use Policy or (b) any claim alleging that NextRequest has infringed or secondarily infringed on the intellectual property or proprietary right of a third party as a result of Customer Content or Customer's use of the Service, whether or not Customer was aware of the allegedly infringing conduct and whether or not the conduct is actually infringing.

12. Disclaimers and Limitations on NextRequest's Liability

12.1. NextRequest is not responsible to Customer or any third party for unauthorized access to Customer Content or the unauthorized use of the Service unless the unauthorized access or use results from NextRequest’s failure to meet its security obligations under this Agreement.

12.2. Disclaimer of Warranty. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND NEXTREQUEST MAKES NO

WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,

INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR USE AND NONINFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE

GENERALITY OF THE FOREGOING, NEXTREQUEST MAKES NO REPRESENTATION OR WARRANTY (A) USE OF THE SERVICE WILL MEET CUTOMER’S REQUIREMENTS, (B) THAT

THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR (C) REGARDING THE ACCURACY OR RELIABILITY OF ANY CONTENT.

12.3. Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED IN SECTION 12.4, IN NO

EVENT WILL NEXTREQUEST OR ANY OF ITS SUCCESSORS, LICENSORS, OR SERVICE

PROVIDERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS

SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF

CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE FOR (a) LOSS OF GOODWILL OR REPUTATION; (b) EXCEPT AS EXPRESSLY PROVIDED IN THE

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SERVICE LEVEL AGREEMENT, USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF THE SERVICE; (c) COST OF REPLACEMENT GOODS OR SERVICES; OR (d)

LOST REVENUES OR PROFITS OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,

EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES, IN EACH CASE REGARDLESS OF

WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR

DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND

NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF

NEXTREQUEST AND ITS SUCCESSORS, LICENSORS, OR SERVICE PROVIDERS ARISING

OUT OF OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER, WHETHER ARISING

UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE),

STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER TO NEXTREQUEST UNDER THIS AGREEMENT.

THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TO THE EXTENT APPLICABLE LAW PROHIBITS THE FOREGOING LIMITATION OF LIABILITY, NEXTREQUEST’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW.

12.4. Nothing in this Agreement limits or excludes either Party’s liability for its gross negligence or willful misconduct.

13. General

13.1. State Agency Piggybacking. NextRequest agrees to allow Customer and other public agencies in the State of [CUSTOMER’S STATE] to purchase additional items, at the same terms and conditions as this Agreement, excluding pricing and term length, and services to be provided, which will be separately agreed upon NextRequest in a mutually executed Order Form.

13.2. Governing Law. Unless otherwise mutually agreed by the Parties in an Order Form, this Agreement will in all respects be governed by and construed and enforced in accordance with the laws of the State of California, without respect to conflict-of-laws principles.

13.3. Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by binding arbitration by a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association in San Francisco, California.

Upon receipt of notice of any dispute to be settled by binding arbitration, the American Arbitration Association will use its best efforts to appoint a single arbitrator within 30 days after receipt of such notice.

13.4. Arbitration Award. The arbitrator will not have the authority to award exemplary or punitive damages to any injured party. A decision by the arbitrator will be final and binding. Judgment may be entered on the arbitrator's award in any court having jurisdiction, and such award will not be appealable.

13.5. Notice. Written notice by either Party to the other may be given: (i) in person, and such notice will be deemed valid on the date of delivery in person; or (ii) by email to the Party contact identified in the Order Form, and such notice will be deemed valid as of the proof of mailing date.

13.6. Assignment. Neither Party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other Party (not to be unreasonably withheld). Notwithstanding the foregoing, either Party may assign this Agreement in its entirety, without consent of the other Party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the Parties, their respective successors and permitted assigns. NextRequest may use Service Providers to perform all or any part of the Service, but NextRequest remains responsible to Customer under this Agreement for Service performed by its Service Providers to the same extent as if NextRequest performed the Service itself.

13.7. Force Majeure. Neither Party will be in breach of the Agreement if the failure to perform the obligation is due to an event beyond either Party’s control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry.

GDSVF&H\5385013.2

13.8. Modifications. Unless otherwise expressly permitted in this Agreement, the Agreement may be amended only by a formal written agreement signed by both Parties. An Order Form may be amended to modify, add, or remove services by mutual written agreement of the Parties, agreement by email being sufficient. Any terms on Customer’s purchase order or other business forms by which Customer orders or pays for Service will not become part of this Agreement.

13.9. Entire Agreement. The Agreement, together with the Order Form, Terms of Use and Privacy Policy, constitutes the complete and exclusive agreement between the Parties regarding the Service and supersedes and replaces any prior understanding or communication, written or oral.

Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of NextRequest which is not set out in the Agreement.

13.10. Precedence. If there is a conflict between the Order Form and this Agreement, then this Agreement will control.

13.11. Unenforceable Provisions. If any part of the Agreement is found unenforceable by a court, the rest of the Agreement will nonetheless continue in effect, and the unenforceable part will be reformed to the extent possible to make it enforceable but still consistent with the business and financial objectives of the Parties underlying the Agreement.

13.12. No Waiver. Each Party may enforce its respective rights under the Agreement even if it has waived the right or failed to enforce the same or other rights in the past.

13.13. No Partnership. The relationship between the Parties is that of independent contractors and not business partners. Neither Party is the agent for the other, and neither Party has the right to bind the other to any agreement with a third party.

13.14. No Third-party Beneficiaries. There are no third-party beneficiaries to this Agreement.

13.15. Counterparts. This Agreement may be executed in two or more counterparts, each of which will be considered a legal original for all purposes.

GDSVF&H\5385013.2
NextRequest
Service Level Agreement
This Service Level Agreement (“SLA”) defines the support obligations of NextRequest Co., a Delaware corporation (“NextRequest”) to Customer, a purchaser of NextRequest’s service. The terms of this SLA are incorporated into and subject to the terms of the NextRequest Service Agreement. Capitalized terms not defined in this SLA shall have the meanings given to them in the NextRequest Service Agreement.

1. Service Guarantees

1.1 Availability. NextRequest provides hosting for the NextRequest service through a Service Provider (“Hosting Provider”), which does not make guarantees about uptime. Based on past performance, NextRequest anticipates 99.9% uptime of the application, with the exception of planned outages for maintenance and upgrades for which NextRequest notifies the Customer 24 hours in advance ("Uptime").

If NextRequest fails to meet the Uptime, the Customer will be eligible for credits as described in section 3.2.

1.2 Security. NextRequest takes the security of the Customer's data seriously and protects it according to the rigorous security practices described in our System Security Plan. The Hosting Provider utilizes certified data centers managed by Amazon, which implements industry-leading physical, technical, and operational security measures and has received ISO 27001 certification and Federal Information Security Management Act (FISMA) Moderate Authorization and Accreditation from the U.S. General Services Administration. If NextRequest becomes aware of any unauthorized access to its systems that poses any threat to the Service or the Customer's data, NextRequest will notify the Customer in writing of the issue no later than the close of the next Business Day after NextRequest learns of it.

1.3 Data Integrity. The Hosting Provider makes daily backups of Customers' systems and data. Seven (7) daily backups and five (5) weekly backups are retained.

1.4 Location of Service. Service and Customer’s data is hosted in the United States.

2. Service Request Process

2.1 Service Request Definition. A Service Request is any email, phone call, or in-app chat ticket sent to NextRequest by the Customer indicating support action is necessary or desired. This includes Bug reporting and Customer Support.

2.2 Severity Levels and Response Times. Each Service Request will be assigned a Severity Level by the party initiating the request. If NextRequest reasonably determines that the Customer has assigned an incorrect Severity Level to a ticket, NextRequest may assign a different Severity Level. The Severity Levels are defined below, along with the corresponding Initial Response Time within which NextRequest (or, in the case of Critical requests, our Hosting Partner) will respond to the Customer’s request and begin work on the issue:

Severity Level
(Priority)
Definition Initial Response
Time
and Channel
Critical Service is
inoperative
Service is inoperative, Customer’s business operations or productivity are severely impacted with no available workaround, or a critical security issue exists.
2 hours during
Business Days
(phone or email)
Standard (High) Service is operating but issue is causing significant disruption of Customer’s business operations; workaround is unavailable or inadequate.
1 Business Day
(phone or email)

GDSVF&H\5385013.2
Standard
(Medium)
Service is operating and issue’s impact on the Customer’s business operations is moderate to low; a workaround or alternative is available.
1 Business Day
(email)
Standard (Low) Issue is a minor inconvenience and does not impact business operations in any significant way; little or no time sensitivity. 1 Business Day
(email)

2.3 Standard Service Requests

2.3.1 Initiating Standard Service Requests. The Customer may initiate a Standard Service Request by opening a ticket via the NextRequest in-app chat system. NextRequest support team members or systems may also create tickets on the Customer’s behalf in response to issues identified by monitoring systems.

2.3.2 Response and Resolution. Once NextRequest has responded to a Service Request, NextRequest will work during Business Hours with the Customer’s representatives and, as needed, our Hosting Partner to resolve the problem or provide a workaround. NextRequest makes no guarantee regarding the time to resolve a Service Request, only that NextRequest will use the reasonable efforts described above.

2.4 Critical Service Requests

2.4.1 Initiating Critical Service Requests. The Customer may initiate a Critical Service Request by calling NextRequest directly at 833-698-7778 or emailing [email protected]. The Customer will be directed to leave contact information and a detailed description of the issue.

2.4.2 NextRequest’s Response. NextRequest’s support staff will contact the Customer within 2 hours during a Business Day of receiving the Customer’s report of a Critical Service Request and will work continuously until the issue is resolved or a workaround is available. NextRequest will provide the Customer with regular updates until the issue is resolved and will coordinate with the Customer during Business Hours.

2.5 Customer Responsibilities. The Customer agrees to assist NextRequest as necessary to resolve Service Requests and to provide any information NextRequest reasonably requests, including information necessary to duplicate the issue. The Customer agrees to make available personnel capable of understanding and accurately communicating technical details necessary to enable NextRequest to review issues, and to assist NextRequest in diagnosing issues.

2.6 Bugs and Bug Reporting

2.6.1 Bug Definition. A Bug is defined as any issue where the NextRequest application does not function as intended. It is at the sole discretion of NextRequest staff to determine if an issue is classified as a Bug.

None of the Customer’s Customer Support hours will be deducted for reporting Bugs. The Customer may submit a Service Request in order to report a Bug.

2.7 Customer Support

2.7.1 Customer Support Definition. Staff time spent by NextRequest assisting the Customer or Customer’s representatives after the Service Agreement has been signed is defined as Customer Support. This may include helping users with account creation, account log in, configuration, or understanding features.

Customer Support hours exclude: bug reporting and related discussions and fixes; regularly scheduled check-ins with NextRequest staff as specified in the Order Form; and training sessions specified in the Order Form. The Customer may submit a Service Request in order to receive Customer Support.

3. Service Credits

GDSVF&H\5385013.2

3.1 Issuance. If NextRequest fails to meet the response time stated above, the Customer will be entitled to a credit of 2 Service hours for each hour during which the response time guarantee is not met, up to a total of 8 hours per incident. The Customer must request a credit in writing via a support ticket no later than 14 days following the occurrence of the event giving rise to the credit. Credits will be applied to invoices issued in the future.

3.2 Sole Remedy. The credits stated in this Agreement are the Customer's sole remedy in the event NextRequest fails to meet a guarantee for which credits are provided. If NextRequest fails to perform any obligation for which a credit is not provided, the Customer's sole remedy is to have NextRequest perform or re-perform the obligation, as applicable. The maximum total credit for failure to meet any guarantee during any calendar month shall not exceed one twelfth of the annual recurring fee for the Service.

3.3 Credits for Downtime. During the term of the contract, the Service will be operational and available at least 99.9% of the time in any calendar month, with the exception of planned outages for maintenance and upgrades for which NextRequest notifies the Customer 24 hours in advance. If NextRequest does not satisfy 99.9% uptime, the Customer will be eligible to receive the service credits described below. In order to receive service credits, the Customer must request the credit in writing via a support ticket within 30 days from the time the Customer becomes eligible to receive a service credit.

Monthly Uptime
Percentage
Days of Service added to the end of the service term at no charge to Customer

99.9% to 99.0% 3

89.9.0% to

95.0%
7 < 94.9% 15

3.4 Extraordinary Events. The Customer is not entitled to a credit for downtime or outages resulting from denial-of-service attacks, hacking attempts, or any other circumstances that are not within our control.

3.5 No Credit in Breach. The Customer is not entitled to a credit if: (i) the Customer is in breach of the Agreement (including the Customer's payment obligations to NextRequest) at the time of the occurrence of the event giving rise to the credit, (ii) the event giving rise to the credit results from the Customer's prior breach of the Agreement, or (iii) to the extent our failure to meet an Initial Response Time guarantee results from the Customer's delay or failure to meet the requirements of Section 2.5 (“Customer Responsibilities”) of this SLA.

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 8.

DATE: February 23, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: HRANT MANUELIAN, FINANCE DIRECTOR
SUBJECT: FISCAL YEAR (FY) 21/22 MIDYEAR FINANCIAL REPORT AND CONSIDERATION OF ADOPTION OF RESOLUTION NO. 6225 TO AMEND THE FY 21/22 BUDGET RECOMMENDATION:

Staff recommends that the Maywood City Council:
1) Receive and file this report and
2) Adopt Resolution No. 6225, A Resolution of the City of Maywood Amending the Fiscal Year 2021-2022 Budget.

BACKGROUND:

The Midyear Budget report summarizes the status of the City’s FY 21-22 budget at the halfway point of the fiscal year. The report includes adjustments to revenues and expenditures approved by the City Council after the adoption of the budget.

DISCUSSION:

Original & Current FY 21-22 General Fund Budget
The FY 21-22 budget was adopted on June 9, 2021 with a General Fund estimated fund balance of $4,585,640. After the budget was adopted, several items occurred that had not been included. Therefore, subsequent budget resolutions were adopted by the Council. These budget adjustments were for a total of $741,248.48 in the General Fund. (See Attachment #1). This mid-year budget accounts for all those items that are needed to adjust the budget.

The General Fund ending balance for FY 20-21 was better than expected by $1,782,158 and ended at $6,172,423 compared to the estimate of $4,390,265. The majority of the increase is due to better-thanexpected Cannabis Sales Tax, General Sales Tax, Rubbish Assessments, and Property Tax revenues. Below is an updated ending fund balance chart; it takes into account the actual ending balance from FY 2020-2021, budget amendments made during the first 6 months of the current fiscal year, and any additional budget amendments proposed.

Updated FY 21-22 General Fund Balance

At this mid-point of the fiscal year, staff has reviewed the first 6 months (July - December) of activity and proposes a new full-time position in public works, a series of further amendments, and re-classifications for the FY 21-22 General Fund budget.

The chart below provides the breakdown of the General Fund balance by several different components. It is estimated that on June 30, 2022, there will be $28,855 in Nonspendable fund balance. Nonspendable is for prepaid items such as insurance premiums. These are paid upfront and expensed monthly and therefore are nonspendable. The restricted fund balance, which is cash held with a fiscal agent for bond compliance, will be $266,074 on June 30, 2002. The reserve fund balance, which is equal to 20% of the current year's expenditures as noted in our reserve "rainy day" policy, is estimated to be $2,904,875 at year-end. Finally, the remaining balance, which is unassigned and does not have restrictions, is estimated to be $2,527,237 at yearend.

Fund Balance Breakdown
Summary FY 21-22 General Fund Revenue
The following chart summarizes the current year's actual revenues through December, the current year's budget, and updated revenue expectations for the General Fund. In total, we expect the General Fund will receive $174,705 more than previously estimated.

Discussion of FY 21-22 Expected Revenue Variances in the General Fund Taxes - We do not expect any major changes to the budget for taxes. The City remains on target to reach the adopted budget amounts for the year.

Licenses and Permits – Slight increase in Licenses and Permits due to increased issuance and collection of Public Works permit fees. We expect this trend to continue.

Charges for Service – We do not expect any major changes to the budget for Charges for Service.

Fines and Forfeitures – The increase in Fines and Forfeitures is due to the increased revenues being received from parking citations.

Miscellaneous – There is a slight increase here due to some donations and dividends/rebates earned from our workers' compensation insurance and other insurance rebates which are not budgeted as they can fluctuate and are not reliable revenues from year to year.

Proposed amendments to General Fund Expenditures
Staff is requesting a full-time public works employee, amendments, and re-classifications to the adopted budget that would add a total of $153,211 to the General Fund expenditure budget. The details along with justifications are listed in Exhibit B. Below is a summary of the changes by the department to the General Fund.

City Council – Increase in the budget by $250 for additional supplies (i.e. business cards).

City Administration – No adjustments needed.

City Clerk - No adjustments needed.

Finance – Increase in the budget by $28,800 for a temporary employee needed to cover the resignation of the Fund Accountant.

HR/Risk Management - Increase in the budget by $71,464, mainly needed for the wages and benefits of the newly hired HR Manager.

General Government – Increase in the budget by $55,000 due to a reclass of budget from Building and Planning for processing fees. The processing fees are paid by the General Government department and not Building and Planning. There will be an equal decrease in the Building and Planning department. An additional $3,500 in the budget is needed for some equipment purchases that had not been included in the budget.

Building and Planning – Decrease in the budget by $47,070, due to the reclass to General Government for

processing fees as noted above. This was offset by an increase of $7,780 for temp services.

Public Works – Increase in the budget by $40,227, for increased membership costs and additional equipment and repairs needed to city buildings. Professional membership costs have increased slightly as compared to the previous year. Repairs were done to retrofit park light poles to LED lights which required additional rental equipment to perform the repairs.

Additionally, staff is also proposing to add a full-time public works employee. The City currently has budgeted three part-time public works employees. Only one of these positions is currently filled. In order to meet our staffing needs, to support an increase in City-sponsored special events and the reopening of our parks, we are in need of a public works employee who can work the full-time hours. As we complete the fiscal year, the department will review the need to budget three part-time public works employees in the next fiscal year.

Community Services – Increase in the budget by $540 for software and professional memberships for organizations like California Parks and Recreation Society.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

If the City Council approves the resolution, the General Fund budget expenditures will increase by $153,211.

The FY 20-21 results were better than budgeted. Therefore, the General Fund balance is expected to increase by $1,141,401 as compared to the adopted budget.

ATTACHMENT(S)

1. Amendment No. 1 Budget Amendments Approved by Council

2. Attachment No. 2 Budget Amendments Expenditures

3. Attachment No. 3 Budget Amendments Revenues

AGENDA ITEM No. 8.

RESOLUTION NO. 6225

A RESOLUTION OF THE CITY COUNCILE OF THE CITY OF MAYWOOD, CALIFORNIA, AMENDING THE FISCAL YEAR 2021-2022 BUDGET
WHEREAS, THE City Council adopted the Fiscal Year 2021-2022 budget on June 9, 2021 for the General Fund of the City via Resolution No. 6182; and
WHEREAS, a Midyear analysis of FY 21-22 has been performed and staff recommends additional expenditure appropriations based upon the most current information available; and WHEREAS, the City Council has determined it necessary to amend the FY 21-22 budget.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MAYWOOD DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:

Section 1. The following amendments to the City’s FY 21-22 budget are hereby approved and Staff is hereby directed to make the appropriate revisions to the City’s FY 21-22 budget:

Account Code Account Title Increase
601 City Council
5120 Office Supplies 250
604 Finance
5434 Temp Services 28,800
608 HR/Risk Management
5001 Wages 56,000
5150 Medicare Expense 600
5151 Social Security 650
5470 Group Insurance 4,500
5500 PERS Expense 3,200
5120 Office Supplies 500
5141 New Recruit Expense 2,200
5271 Membership Dues 814
5290
Meeting, Mileage &
Conference 3,000
5405 Legal Services (20,000)
5430 Contractual Service 20,000
614 General Government
5630 Dump Charges (90,000)
5751 Processing Fees & Charges 55,000
5920 Office Equipment 3,500
645 Building and Planning
5151 Social Security 150
5434 Temp Services 7,780
5751 Processing Fees & Charges (55,000)
648 Public Works

5001 Salaries 12,500
5150 Medicare Expense 175
5430 Contractual Service 90,000
5470 Group Insurance 2,860
5500 PERS Expense 921
5670 Uniform Allowance 1,300
5020 Street Light Maintenance 1,000
5031 Fees and Fines 111
5271 Membership Dues 3,660
5510 Equipment Rental 3,000
5560 Building Repairs and
Maintenance 5,200
5920 Office Equipment 10,000
681 Community Services
5125 Computer Software 100
5271 Membership Dues 440
Total General Fund
Request 153,211
Section 2. This Resolution shall be effective immediately upon its passage and approval.

Section 3. The City Clerk shall certify to the adoption of the resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED THIS 23rd day of February, 2022. _______________________
Heber Marquez, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Flor Aguiluz, City Clerk Roxanne Diaz, City Attorney

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF MAYWOOD )
I, Flor Aguiluz, City Clerk of the City Council of the City of Maywood, do hereby certify that foregoing Resolution No. 6225 was duly passed and adopted by the City Council of the City of Maywood, at a regular meeting of the City Council held on the 23rd day of February 2022 by the following roll call vote:

AYES:

NAYES:

ABSENT:

ABSTAINED:
_________________________
Flor Aguiluz, City Clerk

Council Date Budget Amendment
July 14, 2021 Increase $31,390 to account 01-645-5430
July 14, 2021 Increase $3,000 to account 01-614-5430
July 28, 2021 Increase $21,000 to account 01-604-5430
October 13, 2021 Increase $79,000 for two positions
November 10, 2021
Increase $25,225 to account 01-645-5125 and Increase $8,469 to account 16- 645-5125
November 24, 2021 Increase $562,133.48 to account 01-614-5958 January 12, 2022 Increase $19,500 to account 01-614-5430

Description 01 -General Fund
PSA with NV5 for Storm Sewer System item #7 31,390.00
California Consulting Grant Writing Services item #9 3,000.00 HdL PSA for Business License Taxes item #4 21,000.00
Community Development Analyst and Human Resources Manager Item #9. CD Analyst $64,272 annual started January, HR Manager $80,000 started October.

Reclass from PW coordinator $67,282. 79,000.00
PSA with Comcate for B&P software 25,225.00
Agreement with CJPIA item #10 562,133.48
PSA with Kiley and Assoc. Federal Legislative Advocacy 19,500.00 Total 741,248.48

Midyear Financial Report Requested Budget Amendments Exhibit 2 Account Code Account Title Increase Justification
601 City Council
5120 Office Supplies 250
Additional office supplies needed for Council
including Business Cards.
604 Finance
5434 Temp Services 28,800
Temporary employee needed to cover for the Fund
Accountant position which was vacated in
November 2021.
608 HR/Risk Management
5001 Wages 56,000
To budget for the new Human Resources manager
position that was filled.
5150 Medicare Expense 600
To budget the benefits for the new Human
Resources Manager position that was filled.
5151 Social Security 650
To budget for the new Human Resources manager
position that was filled.
5470 Group Insurance 4,500
To budget the benefits for the new Human
Resources Manager position that was filled.
5500 PERS Expense 3,200
To budget the benefits for the new Human
Resources Manager position that was filled.
5120 Office Supplies 500
Office Supplies needed for the new HR Manager
position.
5141 New Recruit Expense 2,200
Budget needed for background checks, and
advertising for open positions the City may have
throughout the year.
5271 Membership Dues 814
Membership Dues needed for the new HR Manager
position.
5290 Meeting, Mielage & Conference 3,000
Training/conferences for the HR Manager position
to stay up to date with HR best practices and laws.
5405 Legal Services (20,000)
Budget reclass between legal services and
contractual for the claims adjuster.
5430 Copntractual Service 20,000
Budget reclass between legal services and
contractual for the claims adjuster.
614 General Government
5630 Dump Charges
(90,000)
Street sweeping services reclassed from 5630 Dump
Charges to 648-5430 Contractual Services.
5751 Processing Fees & Charges
55,000
Processing fees were partially budgeted under 648
Public Works. The budget is $55,000 is being
reclassed from 648 to 614.
5920 Office Equipment
3,500
Additional items were purchased, including picnic
table for employees so that breaks/lunch can be
enjoyed out side and help with social distancing.
645 Building and Planning
5151 Social Security
150
Budget needed for part time employees that do not
fall under CalPERS.
5434 Temp Services
7,780
Temp Services for Building and Planning for front
counter.
5751 Processing Fees & Charges
(55,000)
Processing fees were partially budgeted under 648
Public Works. The budget is $55,000 is being
reclassed from 648 to 614.
648 Public Works
5001 Salaries
12,500
To budget for a full time Public Works Maintenance
Worker for the remainder of the year.
5150 Medicare Expense
175
To budget for a full time Public Works Maintenance
Worker for the remainder of the year.
5430 Contractual Service
90,000
Street sweeping services reclassed from 614-5630
Dump Charges to 614-5430 Contractual Services.
5470 Group Insurance
2,860
To budget for a full time Public Works Maintenance
Worker for the remainder of the year.
5500 PERS Expense
921
To budget for a full time Public Works Maintenance
Worker for the remainder of the year.
5670 Uniform Allowance
1,300
Based on usage through the first half of the year
additional budget is needed for Public Works
uniform llowance.
5020 Street Light Maintenance 1,000 Repairs to lights at Benito Juarez Park.

5031 Fees and Fines 111 Backflow Inspection fee for LA County 5271 Membership Dues
3,660
Additional budget needed as actual amuonts were
higher than budgeted for. No new memberships
just increases to the fee charged. Increases were
from Gateway Water and SWRCB.
5510 Equipment Rental
3,000
Additional maintenance and repairs performed that
required a boom lift rental.
5560 Building Repairs and Maintenance 5,200 Retrofit Light Poles to LED. 5920 Office Equipment
10,000
There were some unexpected HVAC repairs done at
City Hall. Also the City installed COVID dividers to
assist with social distancing protocol. The COVID
dividers were funded through the CARES Act.
681 Community Services
5125 Computer Software 100 Adobe Software needed.
5271 Membership Dues
440
Additional budget needed for memberships to
community service related organizations.

Total General Fund Request 153,211

Current Fiscal Year
to Date Revenue
Adopted Budget FY
2021-22
Proposed Mid-Year
FY 2021-22 Revenue
Budget

GENERAL FUND
Taxes:

Franchise & Collectors Fee $ 88,135 $ 325,000 $ 325,000 Property Taxes $ 128,137 $ 778,480 $ 778,480
Utility Users Tax $ 483,595 $ 900,000 $ 900,000
Transfer Tax (Real Estate) $ 8,007 $ 20,000 $ 20,000
Transient Occupancy Tax $ 30,548 $ 60,000 $ 60,000
Cannabis Sales Tax $ 772,872 $ 3,000,000 $ 3,000,000
Sales Tax Revenue $ 934,180 $ 2,355,904 $ 2,355,904
Taxes Totals $ 2,445,473 $ 7,439,384 $ 7,439,384

GENERAL FUND
Licenses & Permits:

Compliance Program Fee $ - $ 45,000 $ 45,000
Good Corporate Citizen Program $ - $ 40,000 $ 40,000
Residential & Building Permits $ 7,350 $ 29,500 $ 29,500 Public Works Permit Fees $ 75,501 $ 50,000 $ 100,000
Other Fees & Permits $ 8,569 $ 27,100 $ 27,100
Occupancy Permits $ 8,960 $ 13,000 $ 13,000
Building Permits $ 23,968 $ 60,000 $ 60,000
Commercial Cannabis Applications $ - $ 105,000 $ 105,000 Parking Permits $ 43,169 $ 90,000 $ 90,000
Apartment License $ 281 $ 20,000 $ 20,000
Business License $ 32,281 $ 190,000 $ 190,000
Vehicle License Fee - LA County $ - $ 3,173,048 $ 3,173,048 Licenses and Permits Totals $ 200,078 $ 3,842,648 $ 3,892,648

GENERAL FUND

Charges for Services:

Rubbish Assessment $ 2,787 $ 15,000 $ 15,000
Current Fiscal Year
to Date Revenue
Adopted Budget FY
2021-22
Proposed Mid-Year
FY 2021-22 Revenue
Budget

Plan Check Fees $ 25,486 $ 45,000 $ 45,000
Rents & Concessions $ 11,907 $ 24,000 $ 24,000
Charges for Services Totals $ 40,180 $ 84,000 $ 84,000

GENERAL FUND
Fines and Forfeitures:

Penalties: Apt & Bus License $ 431 $ 2,500 $ 2,500
SEMC: Court Collections (DMV) $ 41,085 $ 100,000 $ 100,000 Administrative Citations $ 2,000 $ 15,000 $ 15,000
Parking Fines $ 136,314 $ 150,000 $ 250,000
Fines and Forfeitures Totals $ 179,830 $ 267,500 $ 367,500

GENERAL FUND
Leases and Concessions:

Leased Property Rental Income $ 23,894 $ 39,345 $ 39,345 Leases and Concessions Totals $ 23,894 $ 39,345 $ 39,345

GENERAL FUND
Miscellaneous:

Interest Income $ 3,371 $ 16,500 $ 16,500
Miscellaneous Revenue $ 26,682 $ 17,000 $ 41,705
Miscellaneous Revenue Totals $ 30,052 $ 33,500 $ 58,205

GENERAL FUND
Retiree Pension Levy:

Retiree Pension Levy $ 192,765 $ 1,158,911 $ 1,158,911
Retiree Pension Levy Totals $ 192,765 $ 1,158,911 $ 1,158,911 General Fund Revenue Totals $ 3,112,271 $ 12,865,288 $ 13,039,993 Current Fiscal Year
to Date Revenue
Adopted Budget FY
2021-22
Proposed Mid-Year
FY 2021-22 Revenue
Budget