Maywood City Council
June 8, 2022

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 2.

DATE: June 8, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: ANTHONY RAINEY, INTERIM DIRECTOR OF FINANCE
SUBJECT: ADOPTING RESOLUTION NO. 6248 OF THE CITY COUNCIL OF THE CITY OF

MAYWOOD AND SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY

REDEVELOPMENT AGENCY APPROVING THE WARRANTS FOR PAYMENT RECOMMENDATION:

It is staff's recommendation that the City Council receive, approve and file the warrant registers, wire transfers dated 05/04/2022 through 05/13/2022, and net payrolls dated 04/24/22 through 05/07/2022 and adopt Resolution 6248 approving Warrants for Payment.

BACKGROUND:

Staff provides warrant registers and wire transfers to City Council as part of Management Controls, which as a whole are the policies, procedures, and practices conceived and put in place to assure the following:
 the economical, efficient, and effective achievement of the City's objectives.  adherence to laws, regulations, rules for policies;
 the safeguarding of assets and information;
 the prevention and detection of fraud and error; and
 the quality of accounting records and the timely production of reliable financial and management information.

Furthermore, Internal Controls are a set of rules, procedures, and practices developed and employed to facilitate the safeguarding of the City’s assets, be they liquid (cash or investments) or fixed (infrastructure or equipment), or intangible (credit rating or information).

The City utilizes resolutions for approving warrants for payment to comply with Section 3-2.06 of the Municipal Code regarding Warrants for Payments. Exhibit A entitled Summary of Warrants and Wire Transfers/ Automated Clearing House (ACH) Transactions serves as a Management Control for complying with Section 3-2.06. Exhibit B entitled Detail of Warrants serves as evidence of Internal Controls utilized by City Finance staff that support these Management Controls for payments made by the City. These controls are carried out through the submission of all required documents supporting the invoices submitted for payment. Prior to payment, the Finance staff reviews all disbursement documents to ensure that they meet the approval requirements.

DISCUSSION:

A - PAYMENT APPROVAL - Pursuant to paragraph 37202 of the California Government Code, demands (called Warrant Demand) against the City for payment shall be audited and thereafter submitted to the City Council for approval or rejection prior to payment, either separately or in a register of audited demands and shall have attached thereto affirmation of the City Treasurer and City Finance Director certifying the accuracy of the demands and the availability of funds for payment. This is accomplished using:

A1 - Warrants Registers or checks certified or approved by the City Treasurer and Finance Director as conforming to authorized expenditures set forth in the City Council adopted City Budget.

A1.1 Prepayments – pre-paying allows the City to take advantage of allowable prompt payment discounts and make payments on due dates of invoices. This involves the issuance of checks prior to final warrant approval.

Automated Clearing House (ACH) transactions are made using a network that electronically moves money between the City’s bank accounts to a payee’s bank account. This is reflected in the Summary Warrants for Payment and Wire Transfers/ACH Transactions as Accounts Payable prepaid warrants for payment. Wire Transfer is a method of electronic funds transfer from the City of Maywood to one person or organization (payrolls and fees for electronic transfers).

A1.2 Regular Payment – To avoid late fees for payments made beyond due dates of invoices, checks are prepared prior to final warrant approval by the City Council. This is reflected in the Summary Warrants for Payment and Wire Transfers/ACH Transactions as Accounts Payable regular warrants for payment. After City Council approval, the checks are signed and distributed.

B - DOCUMENTATION – The City uses a Management Control by producing a summary document (Exhibit A - Summary Warrants for Payment and Wire Transfers/ACH transactions) that represents the cash disbursements required and the City uses an Internal Control by producing a detailed document (Exhibit B – Detail Warrants for Payment) that details information about each check issued for Prepaids and or to-be-paid for Regular Payments. These “disbursements” are accounted for in the FY 2021-22 budget.

B1 – SUMMARY WARRANTS FOR PAYMENT AND WIRE TRANSFERS/ACH TRANSACTIONS provide an accounting of the Accounts Payable Registers, wire transfers (method of electronic funds transfer from the City of Maywood to one person or organization), and Automated Clearing House (ACH) transactions.

B2 – DETAIL WARRANTS FOR PAYMENTS provides the detailed information of approved payments made to the City's vendors and contractors by check number, identification of prepaid, date of warrant, vendor name, check amount, transaction description, and fund source. Wire transfers also enable the City to send electronic funds to the bank accounts of the City's vendors and contractors. The warrant registers, wire transfers, and net payrolls reflect the financial obligations of the City for the above-referenced dates.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

Total warrants, transfers, and wires issued (net of any voided payments) during the period of May 4, 2022 through May 13, 2022 are $1,019,803.57.

ATTACHMENT(S)

1. Exhibit A Summary Warrant Demand 6.8.22

2. Exhibit B Warrant Register Detail 6.08.22

AGENDA ITEM No. 2.

RESOLUTION NO. 6248

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 $122,348.12 are hereby ratified:

 Exhibit A – Summary of Warrants and Wire Transfers/ACH Transactions  Exhibit B – Detail of Warrants
PASSED, APPROVED AND ADOPTED THIS 8th day of JUNE, 2022. _______________________
Heber Marquez, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Andrea Aguilar, City Clerk Roxanne Diaz, City Attorney

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF MAYWOOD )
I, Andrea Aguilar , City Clerk of the City Council of the City of Maywood, do hereby certify that foregoing Resolution No. 6248 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 8TH day of JUNE, 2022 by the following roll call vote, to wit:

AYES:

NAYES:

ABSENT:

ABSTAINED:
_________________________
Andrea Aguilar, City Clerk

City of Maywood
Summary Warrants for Payment and Wire Transfers/ACH Transactions Council Meeting Date
Wednesday, June 8, 2022
Accounts Payable Amount
Accounts Payable prepaid warrants for payment: Checks No. 089657 - 089662 $ 5,021.26 Accounts Payable regular warrants for payment: Checks No. 089663 - 089690 $ 67,786.22 Sub-total $ 72,807.48
Wire Transfers/ACH Transactions
05/20/22 ADP Payroll Fees $ 360.80
05/25/22 CalPERS Employer Contribution 4/24/22 - 5/7/22 $ 7,213.43 05/26/22 Payroll Pay Period 5/8/22 - 5/21/22 $ 41,966.41 Sub-total $ 49,540.64
Total Demands $ 122,348.12

City of Maywood
Detail Warrants for Payments
Warrants No. 089657 to 089690
Page: 1
Check No. Prepaids Date Vendor Name Check Amt Transaction Description Fund 089657 P 5/26/2022 Benefit Coordinators Corporation (BCC) 2,553.30 Dental and Vision Insurance - June 2022 General Fund - 01 CDBG - 16
089658 P 5/26/2022 Mil Flores Design 150.00 Memorial Day - Fallen Soldier Flower/Wreath General Fund - 01 089659 P 5/26/2022 Southern California Edison 81.21 5317 Atlantic Ave. PED 04/18/22 - 05/16/22 Gas Tax - 04 089660 P 6/1/2022 Heber Marquez 1,110.42 Reimbursement for Confer/Lodging US Mayors General Fund - 01 089661 P 6/1/2022 Municipal Insurance Cooperative 101.00 Additional Auto Insurance Premium - 2 Employees General Fund - 01 089662 P 6/1/2022 Team Outfitters 1,025.33 Computer Science Event Tshirts General Fund - 01 089663 6/8/2022 Alta Environmental 1,636.75 Prof Services April 2022 Ms4 NPDES Permit General Fund - 01 089664 6/8/2022 Amigos Del Los Rios 12,120.00 Watering/Tree Services 1/1/22-4/30/22 General Fund - 01 089665 6/8/2022 Cat Specialties, Inc. 396.24 Customized Banner-Bulky Item Pick-up General Fund - 01 089666 6/8/2022 County of L.A. Dept. of Animal Control 6,699.24 Animal Control Services for April 2022 General Fund - 01 089668 6/8/2022 Crosstown Electrical & Data, Inc. 2,960.15 City Hall - Loaded Materials to pour concrete cap for pole 3928 55th - Repair Street Light
4560 Slauson - Street Light missing hand hole cover
55th & Pine to Fishburn: Repair non-working Street Lights Slauson & Woodlawn - NWC & SEC Turned No U Turn Sign
Repair
5800 Atlantic - Street Wiring Cut
Alamo & 60th - Street Light Blacked Out
Atlantic & 58th - Checked Pedestrian Phase Operation
Atlantic & Randolph - ISNS Hanging and Repaired
Slauson & Heliotrope: Broken Pull Box Lid
Slauson & Loma Vista - Repair Traffic Signal
Slauson & Maywood - Intersection Blacked Out
Slauson & Maywood - Repair NB NWC Traffic Signal
Slauson & Woodlawn - NEC Signal Head Turned
General Fund - 01
Street Lighting - 62
089669 6/8/2022 Daily Journal Corporation 330.00 Publication of Official Notice General Fund - 01

City of Maywood
Detail Warrants for Payments
Warrants No. 089657 to 089690
Page: 2
089670 6/8/2022 Dapeer, Rosenblit & Litvak, LLP 85.74 Code Enforcement Legal Services - April 2022 General Fund - 01 089671 6/8/2022 Dave And Frank Automotive 20.00 VIN#1N4BZ0CPXHC0308459 Tire Repair General Fund - 01 089672 6/8/2022 Dewey Pest Control 137.00 May 2022 Pest Control Service General Fund - 01 089673 6/8/2022 Global Equipment Company, Inc. 2,110.12 Park Maintenance General Fund - 01 089674 6/8/2022 Graffiti Protective Coatings 1,240.00 Graffiti Removal Bus Shelters - March 2022 General Fund - 01 089675 6/8/2022 Myers & Sons Hi-Way Safety, Inc. 1,958.39 Sign Maintenance General Fund - 01 089676 6/8/2022 Home Depot Commercial Acct Pro 251.34 Building Maintenance General Fund - 01 089677 6/8/2022 Interwest Consulting Group 2,997.72 Building & Safety Plan Review Services for April 2022 General Fund - 01 089678 6/8/2022 Kimley-Horn and Associates, Inc. 11,898.92 Local Roadway Safety Plan Consultant - April 2022 General Fund - 01 089679 6/8/2022 L.B. Johnson Hardware Co. 409.49 Building Maintenance Building Maintenance electrical cover
PW Supplies
Sign Maintenance Material
Tools
General Fund - 01
089680 6/8/2022 LACMTA FILE #54924-0 3,644.00 March 2022 METRO Tap Cards April 2022 METRO Tap Cards
Prop C Fund - 10
089681 6/8/2022 LGP Equipment Rentals 240.78 Concrete Work General Fund - 01 089682 6/8/2022 Maywood Car Wash 219.46 Fuel and Wash for City Vehicles for April 2022 General Fund - 01 089683 6/8/2022 Perez Plumbing Appliance Repair &
Contractor
1,445.00 Building Maintenance Lights General Fund - 01
089684 6/8/2022 Phoenix Group Information Systems 4,236.65 April 2022 Citation Processing FTB Intercept Letters April 2022 Parking Citation Processing
General Fund - 01
089685 6/8/2022 Roadline Products, Inc. 1,911.68 Sign Maintenance Square Post
General Fund - 01
089686 6/8/2022 Staples Business Advantage 580.35 Office Supplies General Fund - 01 089687 6/8/2022 U.S. Bank Corporate Payment System 8,382.47 Acct#4246044555755283 Cred Crd 04/15 to 05/16/22 General Fund - 01 089688 6/8/2022 ULINE INC. 77.79 Park Maintenance General Fund - 01 Check No. Prepaids Date Vendor Name Check Amt Transaction Description Fund

City of Maywood
Detail Warrants for Payments
Warrants No. 089657 to 089690
Page: 3
089689 6/8/2022 Vortex Industries, Inc. 1,265.81 Building Maintenace Gate General Fund - 01 089690 6/8/2022 Zumar Industries, Inc. 531.13 Sign Maintenance General Fund - 01 TOTAL 72,807.48
Check No. Prepaids Date Vendor Name Check Amt Transaction Description Fund

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 3.

DATE: June 8, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: SHIRLEY QUINONES, EXECUTIVE ASSISTANT/DEPUTY CITY CLERK SUBJECT: ADOPT RESOLUTION NO. 6249 CALLING FOR AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022; RESOLUTION NO. 6250 REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES CONSOLIDATE THE CITY’S GENERAL

MUNICIPAL ELECTION WITH THE STATEWIDE ELECTION TO BE HELD ON NOVEMBER 8, 2022 PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE; AND RESOLUTION NO. 6251 ADOPTING REGULATIONS FOR CANDIDATE

STATEMENTS
RECOMMENDATION:

Staff recommends that the City Council adopt the following Resolutions:

1. Resolution No. 6249 calling for and giving notice of a general municipal election to be held on Tuesday, November 8, 2022, for the purpose of electing three (3) members to the City Council each for a fouryear term and the election of a City Clerk for the unexpired term of two years;

2. Resolution No. 6250 requesting that the Board of Supervisors of the County of Los Angeles consolidate the City’s general municipal election with the statewide election to be held on the same date pursuant to Section 10403 of the California Elections Code;

3. Resolution No. 6251 adopting regulations for candidate statements submitted to the voters at the November 8, 2022 general municipal election.

BACKGROUND:

Under applicable State law, the City of Maywood must take steps to call for the election of certain officers of the City and to order a General Municipal Election to be held on Tuesday, November 8, 2022, which will be consolidated with the Statewide Election to be held on the same day. The Elections code of the State of California requires that certain resolutions be adopted by the City Council prior to the Municipal Election, the call for election, request for consolidation with the Board of Supervisors, and adoption of regulations relating to candidate's statements.

On February 9, 2022, the City Council adopted Resolution No. 6220, designating the Elections Official for the Maywood General Municipal Election to be held on Tuesday November 8, 2022, naming Diane R. Gladwell, MMC as the Elections Official. The Elections Official is authorized, instructed and directed to undertake all actions arising out of or related to the City's General Municipal Election on November 8, 2022.

DISCUSSION:

California Elections Code Section 12101 (a) requires that the City's Elections Official publish a notice of the General Municipal Election on or before July 18, 2022. The notice must include the time of the election (November 8, 2022), the offices to be filled, and the length of the terms of each office.

The General Municipal Election will be held for the purpose of electing three (3) members to the City Council each for a four-year term and the election of a City Clerk for the unexpired term of two years. Accordingly, Resolution No. 6249 calls for the election and gives notice of the election. This resolution also contains a provision for how the City will handle a tie vote; as allowed by the Elections Code, the City Council would handle a tie by lot (sortition).

Resolution No. 6250 requests that the Board of Supervisors of the County of Los Angeles consolidate the City’s general municipal election with the statewide election to be held on the same date pursuant to Section 10403 of the California Elections Code. Provisions in the resolution recognize that the County of Los Angeles conducts its elections through voting centers. The Los Angeles County Registrar of Voters will canvass the election and present the results to the City Council. The City is required to reimburse the County for the election costs; which are estimated to be $55,486.00.

Lastly, Resolution No. 6251 pertains to the regulations for Candidate Statements, which must comply with the applicable provisions of the Elections Code. Candidate Statements are optional and the cost of printing and Spanish translation into the Voter’s Guide shall be borne by the candidate. Candidates are charged a deposit at the time of nomination filing, with final costs provided by the Registrar of Voters following the election. If the cost exceeds the estimated deposit, candidates will be billed for the remainder. If the cost is below the estimate, candidates will receive a refund. Candidates pay the cost for printing and translation into Spanish and any other languages if desired.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

The Registrar of Voters within the Los Angeles County Registrar-Recorder/County Clerk will be providing an estimated cost for the November 8, 2022 election and the Resolution requesting consolidation with the County includes a provision that authorizes the City Manager to contract with the County for election-related services.

Costs will be provided when obtained from the Registrar of Voters. The services provided by the County in the previous election were in the amount of $39,985.37, that included the election of 2 Council members, the City Clerk and City Treasurer. The funding source will be Fund 01 - General Fund, Department 603 - City Clerk under 01000 - General Government, and account GL-5305 Elections.

ATTACHMENT(S)

1. Resolution No. 6249 for Calling General Elections November 8 2022

2. Resolution No. 6250 Requesting Board of Supervisors of County of LA to consolidate a General Municipal Election

3. Resolution No. 6251 Stating Policy and Regulations for Candidate Statements

RESOLUTION NO. 6249

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MAYWOOD,

CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A

GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON
TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN

OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF

THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 8, 2022, for the election of Municipal Officers.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MAYWOOD,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Maywood, California, on Tuesday, November 8, 2022, a General Municipal Election of the qualified electors of the City for the purpose of electing three (3) Members of the City Council each for the full term of four years and a City Clerk for the unexpired term of two years.

Section 2. The City Elections Official, as determined by the City Council, is authorized, instructed and directed to coordinate with the County of Los Angeles Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. The ballots to be used at the election shall be in form and content as required by law.

Section 3. The polls for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls shall be closed, pursuant to Election Code Section 10242, except as provided in Section 14401 of the Elections Code of the State of California, or as ordered by the Los Angeles County Board of Supervisors or the Governor in response to the current public health emergency. In addition, ballot drop boxes and vote centers for the election shall be open as required during the identified voting period pursuant to Elections Code Sections 4007 and 14401, or as ordered by the Los Angeles County Board of Supervisors or the Governor in response to the current public health emergency.

Section 4. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

Section 5. Notice of the time and place of holding the election is given and the City Elections Official as determined by the City Council, is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

Section 6. In the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the Los Angeles County Registrar of Voters, the City Council in accordance with Election Code Section 15651(a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.

Section 7. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions, and transmit copies of the necessary resolutions to the County Registrar forthwith.

PASSED, APPROVED AND ADOPTED THIS 8th day of June, 2022. _______________________
Heber Marquez, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Andrea Aguilar, City Clerk Roxanne Diaz, City Attorney

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF MAYWOOD )
I, Andrea Aguilar, City Clerk of the City Council of the City of Maywood, do hereby certify that foregoing Resolution No. 6249 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 8th of June, 2022 by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Andrea Aguilar, City Clerk
4

RESOLUTION NO. 6250

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MAYWOOD,

CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE

COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022 WITH

THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE
PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of Maywood has called a General Municipal Election to be held on November 8, 2022, for the purpose of electing officers of the City of Maywood; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the city the vote centers and polling places of the two elections be the same, and that the Los Angeles County Registrar of Voters canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MAYWOOD,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8, 2022, for the purpose of the election of three (3) Members of the City Council each for the full term of four years and a City Clerk for the unexpired term of two years.

Section 2. Pursuant to the Elections Code, the Los Angeles County Registrar of Voters is authorized to canvass the returns of the General Municipal Election and shall certify the results to this City Council. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election.

Section 3. The Board of Supervisors is requested to issue instructions to the Los Angeles County Registrar of Voters to take any and all steps necessary for the holding of the consolidated election. The City Manager is hereby authorized to contract with the County for such election-related services.

Section 4. The City of Maywood recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any additional costs.

Section 5. The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Los Angeles County Registrar of Voters.

Section 6. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED AND ADOPTED THIS 8th day of June, 2022. _______________________
Heber Marquez, Mayor

ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Andrea Aguilar, City Clerk Roxanne Diaz, City Attorney

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF MAYWOOD )
I, Andrea Aguilar, City Clerk of the City Council of the City of Maywood, do hereby certify that foregoing Resolution No. 6250 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 8th of June, 2022 by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________
Andrea Aguilar, City Clerk
4

RESOLUTION NO. 6251

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MAYWOOD,

CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR

ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS

SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 8, 2022.

WHEREAS, §13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MAYWOOD,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. General Provisions. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Maywood on November 8, 2022 may prepare a candidate’s statement on an appropriate form provided by the Election Official or his/her designee. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. In addition to these restrictions, pursuant to Elections Code Section 13308, any candidate statement submitted shall be limited to a recitation of the candidate’s own personal background and qualifications and shall not in any way make reference to other candidates for that office or to another candidate’s qualifications, character, or activities. The City Elections Official as determined by the City Council shall not cause to be printed, posted on an Internet Web site, or circulated any statement that the City Elections Official determines is not so limited or that includes any reference prohibited by this section. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

Section 2. Language Translation Policy
A. Pursuant to the Federal Voting Rights Act, candidates’ statements will be translated into all languages required by the County of Los Angeles. The County is required to translate candidate’s statements into the following languages: Spanish.

B. The County will mail separate voter information guides and candidates’ statements in other languages, as required, to voters pursuant to County policies and procedures. The County will make the voter information guides and candidates’ statements in the required languages available at all polling places and voting centers, on the County’s website, and in the Election Official’s office.

Section 3. Payment.

A. Translations:

1. The candidate shall be required to pay for the cost of translating the candidates statement into any required foreign language as specified in A of Section 2 above pursuant to Federal and\or State law.

2. The candidate shall be required to pay for the cost of translating the candidates statement into any foreign language that is not required as specified in (A) and/or B of Section 2 above, pursuant to Federal and\or State law, but is requested as an option by the candidate.

B. Printing:

1. The candidate shall be required to pay for the cost of printing the candidates statement in English in the main voter pamphlet.

2. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required in (A) of Section 2 above, in the main voter pamphlet.

3. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language requested by the candidate per (B) of Section 2 above, in the main voter pamphlet.

The Los Angeles County Registrar of Voters shall provide the City Elections Official as determined by the City Council, with an estimate of the total cost of printing, handling, translating, and mailing the candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet. The estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Elections Official is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Elections Official may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Elections Official shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.

Section 5. Additional Materials. No candidate will be permitted to include additional materials in the voter information guide.

Section 6. The City Elections Official as determined by the City Council shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.

Section 7. All previous resolutions establishing City Council policy on payment for candidates statements are repealed.

Section 8. This resolution shall apply only to the election to be held on November 8, 2022 and shall then be repealed.

Section 9. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED THIS 8th day of June, 2022. _______________________
Heber Marquez, Mayor

ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Andrea Aguilar, City Clerk Roxanne Diaz, City Attorney

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF MAYWOOD )
I, Andrea Aguilar, City Clerk of the City Council of the City of Maywood, do hereby certify that foregoing Resolution No. 6251 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 8th of June, 2022 by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Andrea Aguilar, City Clerk

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 4.

DATE: June 8, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: OKAN DEMIRCI, CITY ENGINEER
SUBJECT: ADOPTION OF RESOLUTION NO. 6252 APPROVING FY 2022/23 STREET

REHABILITATION PROJECT LIST UNDER THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017 (SB1 BEALL)
RECOMMENDATION:

It is recommended that City Council adopt Resolution No. 6252 approving a list of projects for Fiscal Year 2022-23 funded by SB 1 - the Road Repair and Accountability Act of 2017.

BACKGROUND:

On April 28, 2017, the Governor signed Senate Bill (SB) 1 (Beal, Chapter 5, Statute 2017), which is known as the Road Repair and Accountability Act of 2017, to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road system. SB1 increases per gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees, and provides for inflationary adjustments to tax rates in future years.

Beginning November 1, 2017, the State Controller will deposit various portions of this new funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). A percentage of this new RMRA funding will be apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code (SHC) Section 2032 (h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and road systems.

Road Maintenance and Rehabilitation Account (RMRA), SB 1 Beall The Road Repair and Accountability Act of 2017 (SB1 Beall) is a significant investment in California's transportation systems of about $5.2 billion per year. The Act increases per gallon fuel excise taxes, diesel fuel sales taxes, and vehicle registration taxes, stabilizes the problematic price-based fuel tax rates, and provides for inflationary adjustments to rates in future years. The Act has more than double local streets and road funds allocated through the Highway Users Tax Account, allocating funds from new taxes through a new "Road Maintenance and Rehabilitation Account (RMRA). Pursuant to Streets and Highways Code Section 2030, RMRA local streets and roads allocations must be used for projects "that include, but are not limited to," the following:
 Road maintenance and rehabilitation
 Safety projects

 Railroad grade separations
 Traffic control devices
 Complete street components, "including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and storm-water capture projects in conjunction with any other allowable project."
Maintenance of Effort: RMRA
The Road Repair and Accountability Act contains a local agency maintenance of effort (MOE) requirement that applies to funds allocated through the RMRA. The Act states that the MOE requirement is to ensure that these new road funds do not supplant existing levels of city and county ( agency) general revenue spending on streets and roads. The MOE for the receipt of RMRA funds requires that a city or county must maintain general fund spending for street, road, and highway purposes at no less than the average of three years. In making this calculation, an agency may exclude one-time funds. A city or county that fails to comply in a particular year may make up for this exclusion with additional expenditures in the following year. The Act provides that the State Controller may perform audits to ensure compliance with these MOE rules. If the California State Controller determines that a city or county has not met its MOE, then the agency will be required to reimburse the state for the funds it received during that fiscal year. However, a city or county that fails to comply in a particular fiscal year may expend during that fiscal year and the following fiscal year a total amount that is sufficient to comply. Any funds withheld or returned as a result of a failure to comply will be reapportioned to the other counties and cities whose expenditures are in compliance.

Spending Plans and Reports: RMRA
The Road Repair and Accountability Act stipulates that, prior to receiving RMRA funds in a fiscal year, a city or county must submit to the California Transportation Commission (CTC) a project list pursuant to an adopted budget. The list must include for each project: description, location, schedule, and useful life. The Road Repair and Accountability Act also requires that a city or county submit to the CTC an annual report of project completion in order to receive RMRA funds. The report must include descriptions of all projects that RMRA funds were expended on including description, location, funds expended, completion date, and estimated useful life of the project.

DISCUSSION:

The state of California imposes per‐gallon excise taxes on gasoline and diesel fuel, sales taxes on gasoline and diesel fuel, and registration taxes on motor vehicles with allocation dedicated to transportation purposes.

These allocations flow through the Highway Users Tax Account (HUTA). Cities and counties receive revenue from the motor vehicle fuel taxes imposed pursuant to Revenue and Taxation Code Section 7360(a) and (b) through the Highway User Tax accounting under the following formulas as outlined in the Streets and Highways code.

The City of Maywood allocation for FY 2022/23 is estimated to receive $630,728 as shown in the table below:

The City is receiving a higher allocation this year. Last year’s (FY 2021-22) allocation was $573,115.

The City’s required local MOE amount is estimated to be $98,083 as shown in the table below.

The proposed project for the new fiscal year is as follows:
 FY 2021-22 Pavement Rehabilitation Project: Roadway rehabilitation including asphalt coldmill & overlay and slurry seal for streets identified in the City’s Pavement Management System. Streets include select segments of i) Slauson Ave, ii) Cudahy Ave, iii) 52nd Pl, 53rd St, iv) Otis Ave, 59th Pl, v) 61st St, Mayflower Ave, and vi) Randolph St.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

The proposed project will be fully funded by the special revenue fund, Road Maintenance Rehab Account; this year the expected allocation will be $630,728. The required Maintenance of Effort for our streets in the amount of $98,083 will be funded through the general fund.

ATTACHMENT(S)

AGENDA ITEM No. 4.

RESOLUTION NO. 6252

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MAYWOOD, CALIFORNIA, APPROVING A LIST OF PROJECTS
FOR FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD
REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $630,728 in RMRA funding in Fiscal Year 2022-23 from SB 1; and WHEREAS, SB 1 funding will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and
WHEREAS, the City used a Pavement Management System (StreetSaver) to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate the following streets listed below throughout the City this year; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in a “good” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a better condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

THE CITY COUNCIL OF THE CITY OF MAYWOOD HEREBY RESOLVES AS FOLLOWS:

1. The foregoing recitals are true and correct.

2. The following list of proposed projects will be funded in-part or solely with fiscal year 2022-23 Road Maintenance and Rehabilitation Account revenues:

Description Location Estimated
Useful Life
(Min/Max)
Anticipated
Project
Schedule
Start
Anticipated Project
Schedule
Completion
FY 2021-22 Pavement
Rehabilitation Project: Roadway
rehabilitation including asphalt
coldmill & overlay and slurry seal
at streets identified on City’s
Pavement Management System.

Slauson Ave, Cudahy Ave, 52nd Pl,
53rd St, Otis Ave, 59th Pl, 61st St,
Mayflower Ave, Randolph St
7-15 09/2022 03/2023

3. The previously proposed and adopted projects may utilize fiscal year 2022-23 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

N/A
PASSED, APPROVED AND ADOPTED THIS 8TH day of JUNE, 2022. _______________________
Heber Marquez, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Andrea Aguilar, City Clerk Roxanne Diaz, City Attorney

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF MAYWOOD )
I, Andrea Aguilar , City Clerk of the City Council of the City of Maywood, do hereby certify that foregoing Resolution No. 6252 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 8TH day of JUNE, 2022 by the following roll call vote, to wit:

AYES:

NAYES:

ABSENT:

ABSTAINED:
_________________________
Andrea Aguilar, City Clerk

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 5.

DATE: June 8, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: KAREN INIGUEZ, COMMUNITY DEVELOPMENT ANALYST
SUBJECT: AUTHORIZATION FOR THE ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) FOR CITYWIDE BUS SHELTER CLEANING SERVICES FISCAL YEARS 2022-2025 WITH AN OPTION FOR TWO ADDITIONAL ONE-YEAR EXTENSION PERIODS.

RECOMMENDATION:

Authorize the issuance of a Request For Proposal (RFP) for citywide bus shelter cleaning services fiscal years 2022-2025 with an option for two additional one-year extension periods.

BACKGROUND:

The City is currently utilizing Graffiti Protective Coatings (GPC) for Citywide Bus Shelter Cleaning Services.

Their services include emptying trash receptacles, pressure washing the shelters and area surrounding the shelters, as well as notifying the city if anything is broken. The City is currently using the General Fund to pay GPC.

DISCUSSION:

A Request for Proposal will be issued to obtain proposals in order to select the most qualifying firm for citywide bus shelter cleaning services covering September 2022 through August 30, 2025. The term of the contract may be extended upon request and approval by the City on an annual basis for an additional two (2) years until August 30, 2027.

The procurement schedule is as follows:
06/10/2022: Release of Requests for Proposals
07/07/2022: Proposal Due Date
07/12/2022: Proposal Review/Evaluation
08/10/2022: Award of Contract (City Council Action)
LEGAL REVIEW:

The City Attorney has reviewed the report.

FISCAL IMPACT:

There is no current fiscal impact for this project on Fund 01 - General Fund. Staff will return to the City Council to award a professional services agreement and establish a project budget. Funding is available from Fund 09

- Proposition A Fund, and/or Fund 10 - Proposition C Fund, and/or Fund 20 Measure M, and/or Fund 12 - Measure R Fund) based on the scope of work complying with the requirements of each revenue source. The account would be GL-5430 Contractual Service.

ATTACHMENT(S)

1. RFP Citywide Bus Shelter Cleaning Services

City of Maywood
Request for Proposals
for
Citywide Bus Shelter Cleaning Services
Date of Issuance: June 10, 2022

RESPONSES MUST BE RECEIVED NO LATER THAN
4:00pm, July 7, 2022
DELIVER OR MAIL TO:

City of Maywood
City Clerk’s Office
4319 E. Slauson Avenue
Maywood, CA 90270

1 TABLE OF CONTENTS
I. PURPOSE.......................................................................................................................1 II. BACKGROUND...............................................................................................................1 III. GENERAL REQUIREMENTS..........................................................................................1 IV. SCOPE OF SERVICES...................................................................................................2 V. SCHEDULE...................................................................................................................11 VI. LIST OF INTERESTED PROPOSERS..........................................................................11 VII. QUESTIONS .................................................................................................................11 VIII. SUBMITTAL PROCEDURES ........................................................................................12 IX. SUBMITTAL FORMAT ..................................................................................................12 X. AGREEMENT FOR PROFESSIONAL SERVICES .......................................................15 XI. GENERAL ADMINISTRATIVE INFORMATION ............................................................15 XII. SUBMITTAL DUE DATE ...............................................................................................16 XIII. SELECTION PROCESS................................................................................................16 XIV. AUTHORITY TO WITHDRAW.......................................................................................17 XV. AWARD OF CONTRACT ..............................................................................................18 XVI. ATTACHMENTS............................................................................................................18

1 I. PURPOSE
The purpose of this Request for Proposals (RFP) is to select the most-qualified Consultant to Provide Citywide Bus Shelter Cleaning Services for the City of Maywood.

The City wishes to obtain a qualified contractor with extensive knowledge on bus shelter cleaning services such as pressure washing, sanitization, and any other services in this RFP or upon the city’s request under a Professional Services Agreement. The City will award no more than one contract on a not-to-exceed basis.

II. BACKGROUND
The City of Maywood is a General Law City, with a Council/Manager form of government.

The City of Maywood was incorporated in 1924 and is a residential community with a population of more than 27,000 as of June 2017. Maywood is a small Gateway city in Los Angeles County. At 1.18 square miles, Maywood is the third-smallest incorporated city in Los Angeles County.

The City is currently utilizing Graffiti Protective Coatings (GPC) for Citywide Bus Shelter Cleaning Services. GPC is currently in charge of ensuring that the bus shelters and its surrounding are being pressured washed. They pick up trash from the receptacles and place new trash bags, as well as notify the city if anything broken. The City is currently using general funds to pay GPC.

III. GENERAL REQUIREMENTS
A. Respondents shall have at least five (5) years of consecutive experience in the Citywide Bus Shelter Services.

B. The proposed term of the contract under this RFP shall be for five years with the option to renew for two additional one-year periods at the discretion of the City.

C. Respondent shall comply with the insurance requirements set forth in the form professional services agreement.

2 IV. SCOPE OF SERVICES
A. Project of Scope: The selected Respondent shall provide the following scope of services as follows: The City of Maywood intends to obtain the services of a qualified firm to provide specialized services to enhance the City’s current bus shelter cleaning program. These services should include but are not limited to high-pressure water cleaning of City owned bus shelters. A list of City owned shelters, benches, trash receptacles, and locations is included in Attachment 1.

NOTE: The City may amend the number of stop locations and types, as well as the type of service and service frequency, by applying the “Per Stop” or “Per Task” unit price quoted on the Price Sheet. Contractor shall honor such pricing regardless of the service frequency (i.e., occurring one, two, or three times per week). Respondents must provide price quotes all work order tasks as identified in Attachment 2.The contractor shall provide services schedule with revisions and updates to the City prior to commencement. All cleaning service schedules and revisions thereto shall be subject to the approval of the Public Works Department and arranged to cause the least inconvenience to transit users. All schedule revisions must be accepted by the Public Works Director in writing to be effective. The hours for cleaning shall be Monday through Friday 6:00 am 1:30 pm and Saturday and Sunday 4:00 am – 1:30 pm.

B. Service Requirements: The contractor shall furnish all labor, materials, water, equipment, clean-up, disposal, and services required to perform the services set forth in this Scope of Work. Whenever practicable, Contractor will be expected to provide services using equipment and products that have a lesser or reduced negative effect on the environment when compared with competing products that serve the same purpose.

Additionally, the contractor will be required to maintain Material Safety Data Sheets (MSDS) for all chemicals and/or other substances used to maintain Maywood City Bus Shelters/Stops, and upon request, the contractor will provide a copy of all MSDS sheets. The contractor will also provide a copy of the Contractor’s safety policy or manual. The contractor is responsible for ensuring that all work is performed in full compliance with City, County, State and Federal noise ordinances, permits and environmental clearance. The contractor shall be responsible for minimizing noise or other environmental impacts upon the public resulting from the sidewalk cleaning operation. Contractor is responsible for development of alternative cleaning methods and schedules where noise or other environmental impacts upon the public are determined by the City to be unacceptable.

C. Pressure Washing: The contractor shall use high pressure water spray on metal and concrete shelter stops at the locations and frequencies specified in Attachment 1. All debris that is accumulated due to this operation shall be cleaned up and disposed of at the time such operation takes place. All other surfaces on which graffiti is to be removed shall be

3 cleaned by the contractor with a cleaner and/or method approved by the City. In accordance with Best Management Practices (BMP) the following guidelines must be used when pressure washing:

1. Prior to any washing, block all storm drains with an impervious barrier such as sandbags or berms, or seal the storm drain with plugs or other appropriate materials (and clean accumulated debris and remove blocking materials when finished) .

2. Create a containment area with berms and traps or take advantage of a low spot to keep wash water contained.

3. Use vacuums or other machines to remove and collect loose debris or litter before applying water.

4. Keep debris from entering the storm drain after cleaning by first passing the wash water through a “20 mesh” (0.853mm sieve size) or finer screen to catch solid materials, then dispose of the mesh and debris in a refuse container.

5. Pump up or vacuum up to remove all wash water and recycle such water for reuse and dispose of remainder amount of water as “wastewater” with a permit in a sanitary sewer (or other manner acceptable to the City proposed by contractor). All excess water as a result of pressure washing shall be removed from all pedestrian areas in accordance with BMP.

6. The required minimum pressure from the pressure washer is 3500 PSI, with a maximum limit of 5000 PSI.

7. The pressure washer used for cleaning must have at least a ten (10) horsepower engine.

8. The minimum distance from the pressure washer nozzle to the surface area to be cleaned must be one foot, unless the contractor is required to remove a foreign object such as gum, etc. off of the surface area to be cleaned.

9. NOTE: If any safety issues or hazards are found, all necessary measures will be taken to minimize or eliminate the potential risks to the public. If required, the City will be notified as soon as possible, but no later than 24 hours after the bus shelter has been serviced.

10. Hot water may be used for concrete surfaces; hot water may not be used on metal surfaces. For all metal surfaces, cold water must be used.

11. The contractor shall use a low-volume, high-pressure cleaning machine equipped to recycle any water used, or a low-volume high pressure water broom.

4 12. Prior to leaving the site area, the contractor shall perform a visual inspection of the sidewalk/boarding area for potential safety issue or hazards, which includes, but is not limited to the following:
a. Vandalized, damaged, or missing benches, shelters, signs, or other objects.
b. Uneven or raised surfaces more than 3/4" high.
c. Damaged or cracked sidewalks or pathways.
d. Objects protruding out of the sidewalk or pathway.
e. Hazardous waste materials.

NOTE: If any safety issues or hazards are found, all necessary measures will be taken to minimize or eliminate the potential risks to the public. If required, the City will be notified as soon as possible, but no later than 24 hours after the bus shelter has been serviced.

NOTE: One Site Area is equivalent to one Bus Shelter. The Site Are includes: all area within five (5) feet of the outer edges of all bus stop furniture/fixtures at each location and from right-of-way to curb face, all furniture/fixtures (shelters, benches, receptacles, signs), posts, improvements, sidewalks, curbs and gutters, pavement, etc.) within the Site Area; and only that area which is part of the public right-of-way (e.g., sidewalks and streets open to public access).

D. Other Maintenance Work Orders : In the event the contractor is required by the City and agrees to perform extra work, the following activities may be performed:

E. Contractor’s Performance

1. Remove Graffiti: Remove all graffiti or unauthorized items attached to the bus shelter sign, signpost, display case, cassette, cassette shield, transit tube, or other signs affixed to the City's signpost. To include, but not limited to paint, ink markings, decals, stickers, gum, signs, etc.

2. Empty Trash Receptacle(s): Empty trash receptacle(s) as needed.

Remove any loose trash or particles that settled at the bottom of the receptacle. Pick up and remove all trash and debris lying on the ground around the trash receptacle. Place a new trash bag and secure it to the top rim of receptacle

3. General Bus Shelter Maintenance: Perform general maintenance in and around the Site Area, which includes: Sweeping off the sidewalk/boarding area, removing trash or debris from the gutter, removing shopping carts, removing unsanitary items or materials, wiping down dirty benches, or other miscellaneous items.

5 4. Steam Clean Passenger Boarding Area: Steam clean Site Area to remove dirt, grime, stains, or other substances covering the sidewalk, benches, shelters, and trash receptacles. Remove any standing water from boarding area. Collect all wastewater and dispose of it per existing local, county, and state ordinances.

5. Preventative Maintenance: Contractor shall be responsible for performing the following inspections and/or maintenance activities:

1. Removal and disposal of all trash in each trash receptacle, and in the vicinity of each Site Area, and the replacement of trash bags in each trash receptacle at each location. The contractor shall remove all debris, trash, refuse, and other associated undesirable items, from the Site Area and
dispose of such legally and properly, to the City’s
satisfaction, at the contractor's expense, and if needed, wash down the affected area to eliminate any remaining
residue. Under no circumstance will the contractor or its employees dispose of or discard any trash or debris in
privately owned trash receptacles, dumpsters, or at any unauthorized locations.

2. Cleaning all interior and exterior visible metal and concrete surfaces at each Site Area location, including all glass and Plexiglas surfaces. The contractor shall use a dry-cleaning method (i.e., no pressure washing) as well as a mop,
broom, or rag to clean the entire bus stop/shelter (including but not limited to bus furniture, shelter structure, trash receptacles, posts and signs) and Site Area, including but not limited to removal of all debris such as bottles, cans, papers, glass, dirt, etc., to a condition that is broom-clean.

Scraping devices and wire brushes shall be used only, if necessary, only on sidewalks and gutters, and shall not cause damage to underlying surface. Adjacent areas shall be protected by contractor from over-spray, dust, and
similar effects of the cleaning operations. Care shall be taken not to damage any of the finishes during the cleaning process.
(a) In the event that new or additional City-owned
equipment is installed at a stop, the contractor shall
be responsible for obtaining and adhering to
manufacturer’s General Maintenance guidelines.

6 (b) Removal of any graffiti and/or unauthorized items found on the bus shelter or city sign and post, such
as paint, ink markings, decals, stickers, signs, gum,
etc.

3. In the event that new or additional City-owned equipment is installed at a stop, the contractor shall be responsible for obtaining and adhering to manufacturer’s General
Maintenance guidelines.

4. Removal of any graffiti and/or unauthorized items found on the bus shelter or city sign and post, such as paint, ink markings, decals, stickers, signs, gum, etc.
(a) It is required that initial removal of graffiti, gum, and other unauthorized items be attempted
with the least aggressive removal method
possible. If lesser aggressive removal methods
are ineffective, the contractor shall use a
progressive approach with the next least
aggressive removal method until the graffiti or
gum is removed.
(b) If the contractor is unable to completely
remove the items, the Transportation
Department must be notified as soon as
possible, but no later than 24 hours after the
bus shelter has been serviced.

F. Contractor’s Performance

1. The Contractor will complete all assigned work per the City's standards to ensure that each bus shelter location is safe, clean, and in good condition.

2. The contractor shall complete a service checklist of work performed for each and all dates of work and submit within five working days of the end of each billing period.

3. All calls and similar (e-mail) requests from the City shall be responded to by Contractor within 24 hours with subsequent timeline acceptable by the City for resolution of the subject matter.

4. Inspections shall be made independently by the Public Works Department and by the Contractor on a weekly basis and/or at the request of either party. As needed, the City’s representative and the Contractor shall meet for the purpose of discussing specific service problems. The contractor shall notify and report to the City all vandalism, potential health and safety hazards and anything that

7 could be deemed an inconvenience to the general public within a 24-hour period. Such information shall be reported to the Public Works Department via City approved communication device and number or its City designated representative.

5. If the Contractor's conduct, performance, or work does not meet the City's standards, they will be notified in writing and given 24 hours to take any required corrective action. If for any reason the Contractor is unable or unwilling to comply with the demand, the City may take the necessary steps to rectify the situation. Any costs incurred by the City may be deducted from the Contractor's monthly invoice.

G. Standard of Performance - The Public Works Lead, or designee, will make the final determination as to whether the work has been satisfactorily completed and may order the Contractor to re-troubleshoot units or equipment that are not left fully functioning. In the event the results of a unit is considered unsatisfactory, the Contractor shall repair the unit again at no cost to the City, within twenty- four (48) hours of request.

H. Additional Services - Additional services may include emergency callouts, new amenities that are not given in Attachment 1 or other instances as requested by the Public Works Lead, or designee. Such services will be requested orally or in writing at least twenty-four (24) hours in advance, whenever practical, except for emergency call-outs. Payment for such requests shall be based upon the hourly rate.

I. Changes in Services - During the term of this agreement or any extension thereof, the City may elect to increase or decrease the frequency of preventive maintenance. The said increase or decrease shall be by written change order to the Contractor. The unit price for change order maintenance shall be at the contract unit price.

J. Schedule of Performance -

1. Days and Time. The hours for cleaning shall be Monday through Friday 6:00 am 1:30 pm and Saturday and Sunday 4:00 am – 1:30 pm. unless otherwise approved by the Public Works Lead.

2. Holidays - Work will not be done on the below days.
a. New Year’s Day
b. Labor Day

8 c. President’s Day
d. Veterans Day
e. Memorial Day
f. Thanksgiving Day
g. Independence Day
h. Christmas Day
K. Disposal and Recycling of Materials - The Contractor shall transport and dispose of all materials in accordance with all City, County, State, and Federal requirements. Contractor shall divert materials to the greatest extent possible, obtaining a minimum of eighty–five percent (85%) diversion rate from landfills. The contractor shall also provide the city with the pertinent information from the composting or recycling facility certifying the % of material processed that is disposed at landfill and where is material sent after collection and processing at the facility.

L.

M. Contractor Fleet and Equipment - All contractor vehicles must be maintained in good repair, appearance, and sanitary conditions at all times. The City reserves the right to inspect the Contractor’s vehicles at any time to ascertain said condition. A City representative shall have the right to cease Contractor’s operations immediately, upon inspection of any vehicle deemed unsafe or unsatisfactory during performance of the Agreement. At the discretion of the Public Works Coordinator, the City may require the installation of special odometers, time clocks, or vehicle speed monitors to verify the quality and quantity of the work performed.

1. All vehicles and equipment used by the Contractor within the City limits must be clearly identified, on each side of the vehicle or equipment, with the name of the Contractor, address of the Contractor’s office, and telephone number.

N. Equipment Storage - The Contractor shall be responsible for all costs associated with equipment storage. No material and equipment shall be stored where it will interfere with the free and safe passage of public or construction traffic. At the end of each day’s work and at all other times when Bus shelter cleaning operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from the roadway and open it for use by traffic.

O. Contractor/City Communication - Throughout the period of this Agreement, the Contractor shall establish and maintain an office and have

9 an authorized Supervisor as the point of contact for communications with the City.

1. The Contractor’s office shall have a twenty-four (24) hour telephone service and a responsible person in charge seven (7) days a week to receive all requests for emergency service, which are forwarded by the City. Contractor shall respond and provide emergency service within two (2) hours from the time a call is placed by the City. Requests for routine service or complaint issues shall be resolved expeditiously within the following twenty-four (24) hour period.

P. Contractor’s Employees - Contractor’s employees shall be required to wear a clean uniform bearing the Contractor’s name. Employees who normally and regularly come into direct contact with the public shall also bear some means of individual identification, such as a nametag or identification card. Employees shall not remove any portion of their uniform while working within the City.

1. Employees driving the Contractor’s vehicles shall at all times possess and carry a valid Commercial Driver’s License as applicable issued by the State of California.

2. Any person employed by the Contractor who fails or refuses to carry out the directions of the City, appears to be incompetent, acts in a disorderly, improper or unsafe manner, or shows signs of intoxication or other impairment shall be immediately removed from the job site by the Contractor. Prior to returning a removed employee to work within the City, the Contractor shall provide in writing the reason for the individual’s behavior and the means used to prevent this behavior from occurring again. Failure of the Contractor to prevent, prohibit, or resolve problems with its employees working within the City will result in bus shelter cleaning operations being suspended until further notice, and cause for contract termination. The City may enter a contract with another party for street bus shelter cleaning services during such a suspension, and the Contractor will be liable for all costs. A review for possible contract termination will be initiated by the City if Contractor has three (3) incidents of employee misconduct any time during the term of approved contract for bus shelter cleaning services.

10 Q. Bus Shelter Cleaning Staff Availability - A bus shelter cleaning service staff member must be available at least 24 hours from when the service call request is made in non-emergency conditions and within 2 hours during emergency conditions.

R. Records and Reports - Along with the invoice for services, a report shall be submitted to the City, monthly, comprising the following:

1. Log Reports. The Contractor shall keep a daily log of all work done, including the name of all parts installed, technician model/serial number of units worked on, a description of any services performed and technician information. The log shall be signed by the Supervisor on a daily basis. Each month, a report shall be prepared from the daily log giving a brief description of all routine special and emergency activities. The log should also include data such as date, time and location of the maintenance performed.

2. Emergency Calls. The Contractor shall maintain a positive recording of all emergency service calls, by telephone recording device or by a time punch-type trouble ticket. Such information shall be submitted to the City, as part of the monthly report, in an easy to read format.

3. Work Orders. All work orders shall be given to contractor, by telephone, or email, and handled by the Contractor’s Supervisor. All work orders are to receive a follow-up response within twenty-four (24) hours following notification of the Contractor. A report of all work orders shall be made available to city staff by the contractor within 24 hours of a submitted request.

S. Restoration and Repair, Obstructions and Clean Up - The Contractor shall become familiar with all existing bus shelter cleaning installations on the work site and shall provide adequate safeguards to prevent damage to existing structures and improvements. Any structure or property destroyed in the course of work shall be replaced and/or repaired, at the Contractor’s expense, to the original condition and to the satisfaction of the City.

Failure to have such damages repaired in a timely manner will result in the City deducting from the Contractor’s payment the cost to perform the necessary remedial work.

T. Cooperation with Utility and Other Companies - Work within the City by utility and construction companies may be progressing concurrently with the work under this Agreement. It is the responsibility of the Contractor to

11 be informed of work planned by these parties and to coordinate bus shelter cleaning work accordingly.

U. REQUIRED CONTRACT REPORTS –
a. Monthly/ Weekly Service Report
b. Monthly/ Weekly Performance Report
c. Emergency Calls Log
d. Work Order Log
e. Equipment Maintenance/Repair Report
V. SCHEDULE
Deadlines
Release of Requests for Proposals June 10, 2022
Submittal of Questions June 17, 2022 by 3:00 pm
Response to Questions June 23, 2022 by 5:00 pm
Proposal Due Date July 7, 2022 by 4:00 pm
Proposal Review/Evaluation Week of July 12, 2022
Optional Interview (if required) Week of July 18, 2022
Tentative award of contract August 10 2022
Tentative Start date September/October 2022
* These dates are anticipated and may change.

VI. LIST OF INTERESTED PROPOSERS
The full content of the RFP is available through the City website at www.cityofmaywood.org. If addendums are necessary, they will be posted onto the previously mentioned websites as well. All respondents interested in proposing on this RFP are encouraged to sign-up on the "List of Interested Proposers" for the project.

This list will be used to email any project updates, addendums, changes or responses to written inquires and will be distributed to all interested contractors. To get on the list please email [email protected] or call, (323) 562-5700.

VII. QUESTIONS
All questions regarding this RFP shall be submitted in writing by email to: Steve Fowler at [email protected]. The date and time when questions must be submitted are shown in “Section V-Schedule” of this RFP. Questions with their answers will be posted on the City website by the date and time set forth in this RFP.

12 VIII. SUBMITTAL PROCEDURES
Submittals shall comply with all conditions, requirements and specifications contained herein, with any departure rendering the proposal non-responsive and may serve as grounds for rejection of the proposal at the City’s sole discretion. The submittal shall contain the name of this RFP and Respondents shall provide two (2) copies of the of the proposal (one bound and one unbound), single sided, and 1 PDF file on a thumb drive.

All proposal submittals shall be mailed or delivered and received by the City no later than June 20 at 4:00 p.m. addressed as follows:

City of Maywood
City Clerk’s Office
4319 Slauson Avenue
Maywood, CA 90270
For delivery purposes, the City Clerk’s phone number for the City is (323) 562-5714.

In addition to the submission of the hard copies of the proposal, Respondents shall also submit one electronic copy (searchable PDF format) by the same date and time to Shirley Quinones and [email protected].

IX. SUBMITTAL FORMAT
All Respondents must submit qualifications according to the specifications set forth below. Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Responses should emphasize the Respondent’s demonstrated capability to perform work of this type. Proposals shall be valid for a minimum of 90 days following submission.

Expensive bindings, colored displays, promotional materials, etc., are not necessary or desired. EMPHASIS SHOULD BE ON COMPLETENESS AND CLARITY OF CONTENT. The City reserves the right to request additional information that, in the City’s opinion, is necessary to ensure that the Proposer’s competence, qualified employees, business organization and financial resources are adequate for the performance of the services under this RFP.

A. WORK PROPOSAL

1. Cover Letter
a. Provide a cover letter including the Respondent’s name, address and telephone number of the contact person(s) who is authorized to submit the proposal on behalf of the
Respondent. The cover letter shall include a brief general statement of intent to perform the services and
correspondent that all elements of the RFP have been
reviewed and understood. The letter should include a brief description of the Respondent’s Respondent. The letter
should be signed by an individual who can bind the
Respondent contractually.

13 b. There shall be one person from the Respondent identified in the proposal who shall be the Respondent’s designated
representative and who is responsible for the services listed in "Section IV - Scope of Services" of this RFP (“Point of Contact”).
c. If applicable, Respondent shall acknowledge receipt of any addendum to the RFP.

2. Table of Contents
a. Include a table of content identifying the contents of the proposal in a format consistent with the proposal
requirements and format set forth herein.

3. Experience and Qualifications
a. Describe the Respondent, its size and organization, the number and location of offices, and general operational structure, as well as its management and key personnel.

Provide a description of the Respondent’s Respondent, its size and organization, the number and location of offices and general operational structure. Include a discussion
demonstrating that the Respondent has the resources
(financial, equipment, labor and capacity) available to provide services under this RFP from the first day at the start of the work.
b. Provide a summary of Respondents qualification and
experience in bus shelter cleaning services. At a minimum, Respondent should have at least five (5) years consecutive experience.
c. Provide at least three references that received similar services from your Respondent at a minimum over the last five years. Include name of organization, contact name, telephone number and email address.
d. Demonstrate the qualifications of all personnel to be assigned to the City, including key personnel, by providing resumes and/or relative experience summaries describing their education, credentials, licensing, training and related experience and their proposed roles for this contract.
e. Provide an organization chart of the proposed team,
including a contingency plan should a member of the
proposed team be unable to fulfill their responsibilities. f. Respondent shall hold the required license(s) to perform the work and provide proof of required license for itself and its personnel.

4. Approach to Scope of Services
a. This section should set forth a comprehensive description of the approach to providing the Scope of Services and should clearly demonstrate an understanding of the City’s

14 requirements, the work to be done and the objectives to be accomplished. .
b. Provide a description of the work plan for the services describing how each task under the Scope of Services will be accomplished. This may be used as an Exhibit for the Scope of Services to the agreement.
c. Provide any other information or tasks that Respondent believes necessary to complete the Scope of Services.

B. COST PROPOSAL

1. Detailed Cost Proposal
a. Respondent shall submit a detailed cost proposal that shall include all tasks required to perform the Scope of Services.

The cost proposal shall indicate how the City will be charged for services (i.e. unit, hourly or flat rate basis as appropriate) for the term of the contract, including any extensions. Costs should include all services and materials if any, needed to perform the Scope of Services.
b. As it relates to the services under this RFP, if Respondent is proposing to provide the services on an hourly basis, the cost proposal shall identify the hourly rate for the personnel needed to complete the Scope of Services.
c. In addition, Respondent shall also submit the
rates/compensation for any “additional services” that
Respondent can provide.

C. RELATED EXPERIENCE

1. Describe recent, directly related, public agency experience. Include on each listing the name of the agency; description of the work done; primary agency contact, address and telephone number; dates for the contract; name of the contract Coordinator and/or manager and members of the proposed contract team who worked on the contract, as well as their respective responsibilities. At least three references should be included. For each reference, indicate the reference name, organization affiliation, title, complete mailing address, and telephone number. The City of Maywood reserves the right to reference check any and/or all of the organizations or individuals listed. The successful Contractor shall have at a minimum five (5) years’ experience in Bus Shelter Cleaning having successfully undertaken contracts in at least 3 municipal jurisdictions. The Contractor shall have developed complete Bus Shelter cleaning programs/schedules for California cities, towns, counties, etc.
a. Contract Schedule - Provide a schedule for completing each task in the work program, based upon the frequency listed in Service Locations/Cost (Attachment 1).

15 b. Equipment - Vehicles and equipment used in bus shelter cleaning maintenance services must be kept well-maintained and in good appearance. Vehicles and equipment used in
accordance with bus shelter cleaning activities must meet all applicable local, state, and federal air quality laws, rules, and regulations. Contractor shall identify the equipment that will be used to meet these requirements and what are the
maintenance levels and practices utilized to ensure
equipment is maintained in good repair, appearance, and sanitary conditions at all times.
c. Statement of Compliance/ Suggested Changes -
Contractors must submit a Statement of Compliance with the RFP and to the Draft Agreement terms and conditions, and if any, a listing of exceptions and suggested changes. A
description of any cost implication for suggested changes must also be included. The Statement of Compliance must declare either: 1. This proposal is in strict compliance with the Request for Proposal and Draft Agreement and no
exceptions to either are proposed OR 2. This proposal is in strict compliance with the Request for Proposal and Draft Agreement except for the items listed. (For each exception or suggested change, the contractor must include
Reasons for submitting the proposed exception or
change. It must also include any impact the change or
exception may have on contract costs, scheduling, or
other considerations.)
X. AGREEMENT FOR PROFESSIONAL SERVICES
The City of Maywood’s Agreement for Professional Services (Attachment 3) is included for review and comment. The Respondent’s submission of a proposal indicates Respondent’s compliance of such terms, unless the proposal indicates that compliance is not possible. Proposed revisions should be addressed in the cover letter; however, the City maintains discretion to accept or reject the Respondent’s request for revisions.

The City reserves the right to make any revisions to the proposed professional services agreement.

XI. GENERAL ADMINISTRATIVE INFORMATION
All respondents are advised to become familiar with all conditions, instructions, and specifications of this RFP. By submitting a proposal, Respondent represents that it has thoroughly examined and become familiar with the work required under this RFP and that the Respondent has conducted such additional investigation as it deems necessary and convenient (i.e. visiting the locations), that Respondent is capable of providing the

16 equipment, goods and services necessary to furnish landscape maintenance in a manner that meets the City’s objectives in this RFP. Once the contract has been made, a failure to have read the conditions or conduct any investigations of the properties shall not be cause to alter the contract or for Respondent to request additional compensation.

Each Respondent understands and agrees that the City, its departments, its officers, employees, or agents are not responsible for:
• Any costs incurred by a Respondent in the preparation, delivery, or presentation of a proposal.
• Any costs incurred by a Respondent in meeting the criteria as a result of making or submitting a proposal or subsequently in entering into a formal agreement with the City; and
• Any errors, inaccuracies or misstatements related to the information or data supplied to any contractor by the City. The use of such information or data provided by the City, its officers, employees, or agents is intended to be used at the sole discretion and risk of the Respondent in the preparation of a proposal pursuant to this Request for Proposals only.

The selected Respondent shall comply with any and all Federal and State laws applicable to the services. All proposals submitted to the City of Maywood in response to this RFP shall become the property of the City and will not be returned and such proposals, after the agreement is awarded, are subject to the California Public Records Act.

The City reserves the right to accept, reject, modify, or cancel in whole or in part, this RFP. The City reserves the right to accept or reject any or all proposals, negotiate modifications to proposals that it deems acceptable, to request and consider additional information from any proposer, and to waive irregularities and technical defects in the proposal process, all in its sole discretion. The City has no obligation, express or implied, to make an award.

The City may reject proposals from Respondents who cannot satisfactorily provide the experience and qualifications required by this RFP and/or provides the scope of services required herein. The City reserves the right to seek new proposals when it determines that it is in the best interest to do so.

XII. SUBMITTAL DUE DATE
The submittal package must be received prior to the submittal date specified in "Section V - Schedule" of this RFP. Respondents mailing a proposal must allow sufficient delivery time to ensure timely receipt of the proposal by the date and time specified.

Submittals arriving after the deadline will not be considered.

XIII. SELECTION PROCESS
All proposals timely received shall be reviewed to verify that the proposal meets the minimum requirements and qualifications. Proposals that have not complied with requirements, do not meet minimum content and quality standards, or take

17 unacceptable exceptions to the professional services agreement, may be eliminated from further consideration at the discretion of the City. Proposals will be reviewed and evaluated by an evaluation committee comprised of City of Maywood personnel.

The City will be the sole and exclusive judge of quality and compliance with proposal specifications in any of the matters pertaining to this RFP. The City’s final selection will not be dictated on any single factor or criteria including price. The City reserves the right to award the contract(s) in any manner it deems to be in the best interest of the City and make the selection based on its sole discretion, notwithstanding the criteria set forth herein, including negotiating with one or more of the Respondents for the same services.

City will evaluate the proposals provided in response to this RFP based on the following criteria:

1. The City will evaluate Respondents based on meeting all of the City’s requirements and who offers the most advantageous combination of cost and high-quality service. In addition to cost, however, the City will consider the quality of services proposed, the financial qualification of, and the work experience of the proposer in determining the best value to the City.

2. Other criteria shall include, but not be limited to:
a. Quality and completeness of proposal
b. Qualifications and experience of proposer, including experience and qualifications of key personnel and staff
c. Similar experience and expertise in the type of work required, with the City or with other public agencies or governmental agencies d. Demonstrated understanding of the scope of services requested as well as capacity of respondent
e. References
f. Financial stability of proposer
g. Cost to the City
h. Oral interviews, if applicable.
i. Any other factors determined by the City to be relevant to the performance of these services.

XIV. AUTHORITY TO WITHDRAW
The City of Maywood reserves the right to withdraw this Request for Proposals without prior notice. The City of Maywood makes no representation that any agreement will be awarded to any Respondent as a result of having responded to this request. All proposals submitted to the City of Maywood in response to this RFP shall become the property of the City and will not be returned.

18 XV. AWARD OF CONTRACT
Based on the outcome of the evaluation committee’s evaluation of the proposals, a recommendation will be submitted to the City Council for consideration of award. An award of a contract occurs when the contract is approved by the Maywood City Council.

Selection of a respondent with whom the City enters into contract negotiations with or a recommendation of an award by the evaluation committee or any other party, does not constitute an award of a contract. The contract shall be in accordance with the attached Agreement.

XVI. ATTACHMENTS
Attachment 1. City of Maywood Bus Shelter Amenities/Locations Attachment 2. Maintenance Frequency and Compensation
Attachment 3. Professional Services Agreement

19 ATTACHMENT 1

CITY OF MAYWOOD BUS SHELTER AMENITIES/LOCATIONS
32 Total Locations

20 ATTACHMENT 2
Maintenance Frequency and Compensation

PRICE SUMMARY SHEET
Company Name: _________________________________ Date: _______________ The firm-fixed unit prices below are for performing the maintenance services the Scope of Services. Each unit price shall include all direct costs, indirect costs, and profit.

Respondents must provide price quotes all work order tasks. The City may amend the number of stop locations and types, as well as the type of service and service frequency. By applying the “Per Stop/Per Visit” and “Per Task” unit price quoted on the Price Sheet. Contractor shall honor such pricing regardless of the services frequency (i.e, occurring one, two, or three times per week).

INITIAL THREE-YEAR TERM 1ST OPTION 2ND OPTION
Year 1:

Date - Date
Year 2:

Date – Date
Year 3:

Date – Date
Year 4:

Date – Date
Year 5:

Date – Date
Presure Washing
Shelter Stops $_________
Per Stop/
Per Visit
$_________
Per Stop/
Per Visit
$_________
Per Stop/
Per Visit
$_________
Per Stop/
Per Visit
$_________
Per Stop/
Per Visit
Other Maintenance Work Orders Per task price Per Task Price Per Task Price Per Task Price Per Task Price Remove Graffiti
Pressure Wash Standard Stop
Empty Trash Receptable
General Bus Stop Maintenance
Steam Clean Passenger Boarding
Area
Field Check Miscellaenous Bus Stop
Locations
Miscellaenous Work orders
Preventative Maintenance: Standard
Stops
Preventative Maintenance: Shelter
Stops

21 ATTACHMENT 3
Professional Service Agreement

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 6.

DATE: June 8, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: KAREN INIGUEZ, COMMUNITY DEVELOPMENT ANALYST
SUBJECT: CONSIDERATION OF A LETTER OF SUPPORT FOR AB2011 (WICKS) AFFORDABLE HOUSING AND HIGH ROAD JOBS ACT OF 2022
RECOMMENDATION:

Staff recommends that the City Council consider the approval of the attached support letter for AB2011 (Wicks) Affordable Housing and High Road Jobs Act of 2022 and if in support direct Mayor Marquez to sign the letter on behalf of the City Council.

BACKGROUND:

AB2011 (Wicks) Affordable Housing and High Roads Job Act of 2022 was first introduced on February 14, 2022 to allow for communities to build more climate-friendly, affordable housing for struggling communities, as well as create more job opportunities. On May 11, 2022, it was amended in assembly and was then taken to the Senate on May 24, 2022, where it was read for the first time.

DISCUSSION:

Staff recommends that the City Council consider the attached support letter. AB 2011 (Wicks) allows for the state to simultaneously address its affordable housing, jobs, and climate crises.

LEGAL REVIEW:

The report has been reveiwed as to form.

FISCAL IMPACT:

There is no fiscal impact associated with the submittal of the support letter.

ATTACHMENT(S)

1. Letter of Support AB2011 (Wicks) Affordable Housing and High Road Jobs Act of 2022

City of Maywood
4319 East Slauson Avenue • Maywood, California 90270 Tel: (323) 562- 5700 • Fax (323) 773-2806
June 8, 2022
The Honorable Buffy Wicks
Chair, Assembly Committee on Housing and Community Development 1020 N Street, Suite 156
Sacramento, CA 95814
Re: AB 2011 (Wicks) Affordable Housing and High Road Jobs Act of 2022 Dear Assembly Member Wicks:

The City of Maywood writes in support of measure AB 2011, which would allow for communities to build more climate friendly, affordable housing for struggling families, seniors, workers, and veterans while also creating more job opportunities for the construction workforce.

California faces a historic housing crisis. The 2022 Statewide Housing Plan estimates that California would have to approximately build 2.5 million units of housing over the next eight years. It is notable that on average, California is building less than 100,000 housing units per year and less than 20,000 affordable housing units per year. Due to the lack of housing production, it is causing housing prices to skyrocket. In Southern California the average cost of a home is now yearly $700,000, up more than 16% in the past year. However, at the same time workers building our homes continue to struggle.

AB 2011 (Wicks) will allow the state to simultaneously address its affordable housing, jobs, and climate crisis by pairing new opportunities to build 100% affordable and mixed-income housing on underutilized commercial sites with labor standards that ensure all construction workers earn prevailing wages and receive health benefits. Additionally, it would include new homeownership for middle-income Californians, while promoting clime-friendly affordable development on sites close to job and transit.

AB 2011 (Wicks) is a historic approach surrounded by both labor and affordable housing groups.

Sincerely,
Mayor Heber Marquez
City of Maywood

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 7.

DATE: June 8, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: MIGUEL LEON, ADMINISTRATIVE ANALYST
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 22-01 OF THE CITY OF MAYWOOD AMENDING SECTION OF CHAPTER 3 OF TITLE 4 TO DELETE STREET

SUPERINTENDENT REFERENCE AND REPLACE WITH THE POSITION OF CITY

TRAFFIC ENGINEER AND AMENDING THE MAYWOOD MUNICIPAL CODE RECOMMENDATION:

Staff recommends that the City Council waive the second reading of Ordinance No. 22-01 and adopt Ordinance No. 22-01 by title only: ” AN ORDINANCE OF THE CITY OF MAYWOOD AMENDING SECTION 4-

3.306 OF CHAPTER 3 OF TITLE 4 OF THE MAYWOOD MUNICIPAL CODE TO DELETE THE STREET

SUPERINTENDENT REFERENCE AND REPLACE IT WITH THE POSITION OF CITY TRAFFIC ENGINEER.”
BACKGROUND:

At the May 25, 2022, City Council meeting, the City Council voted to introduce and waive the first reading of Ordinance No. 22-01.

The City’s Traffic Administration Ordinance, since its adoption in 1970, has not had any significant amendments. During an analysis process of the City's codes, staff has been focused on making revisions by removing outdated terminology, correcting documented titled positions, and enhancing the language in the Maywood municipal code. The modifications presented are regarded as non-controversial and solely based on administrative revisions. The findings required revising Section 4-3.306 of the City’s Municipal Code relating to the “Street Superintendent” position and responsibilities.

DISCUSSION:

The proposed ordinance amendment update consists of improving the clarity, updating standards, and removing outdated or inconsistent information of Section 4-3.306 of the City’s Municipal Code as it relates to the “Street Superintendent” position, authorization, and related placement responsibilities for traffic control devices or signals. The placement or maintenance of traffic control devices or signals is currently being supported by the City’s Traffic Engineer, and no 'Street Superintendent" position is available to be designated as the "City Traffic Engineer".

Staff recommends that the term City Traffic Engineer be applied as a replacement for the Street Superintendent and include City Traffic Engineer to be used at the discretion of the City Manager for the maintenance of traffic control devices or signals.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

There is no fiscal impact of adopting this ordinance as these position responsibilities are contracted out in various funds under account GL-5430 Contractual Service.

ATTACHMENT(S)

AGENDA ITEM No. 7.

ORDINANCE NO. 22-01

AN ORDINANCE OF THE CITY OF MAYWOOD AMENDING
SECTION 4-3.306 OF CHAPTER 3 OF TITLE 4 OF THE MAYWOOD

MUNICIPAL CODE TO DELETE THE STREET SUPERINTENDENT

REFERENCE AND REPLACE IT WITH THE POSITION OF CITY

TRAFFIC ENGINEER
THE CITY COUNCIL OF THE CITY OF MAYWOOD DOES ORDAIN AS FOLLOWS:

Section 1. Section 4-3.306 of Chapter 3 (Traffic) of Title 4 (Public Safety) of the Maywood Municipal Code is amended to read as follows:
“4-3.306 - City Traffic Engineer. City Traffic Engineer is hereby established at the discretion of the City Manager.

The City Traffic Engineer shall exercise the powers and duties as provided in this chapter and in the traffic laws of the City. The City Traffic Engineer is authorized to place or maintain official traffic control devices as deemed required or necessary.”
Section 2. Effective Date of Ordinance. The Ordinance shall go into effect and be in full force and operation from and after (30) days after its final passage and adoption.

Section 3. Certification and Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted in the manner prescribed by law.

PASSED, APPROVED AND ADOPTED THIS 8th day of June, 2022. _______________________
Heber Marquez, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Andrea Aguilar, City Clerk Roxanne Diaz, City Attorney

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF MAYWOOD )
I, Andrea Aguilar , City Clerk of the City Council of the City of Maywood, do hereby certify that foregoing Ordinance No. 22-01 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 8th day of June, 2022 by the following roll call vote, to wit:

AYES:

NAYES:

ABSENT:

ABSTAINED:
_________________________
Andrea Aguilar, City Clerk

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 8.

DATE: June 8, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: KAREN INIGUEZ, COMMUNITY DEVELOPMENT ANALYST
SUBJECT: CONSIDERATION OF AWARDING A CONTRACT TO GRAFFITI PROTECTIVE COATINGS, INC. FOR GRAFFITI REMOVAL SERVICES IN A YEARLY NOT-TOEXCEED AMOUNT OF $216,000 FOR FISCAL YEARS 2022-2025 WITH TWO

POTENTIAL ADDITIONAL ONE-YEAR EXTENSIONS
RECOMMENDATION:

Staff recommends that the City Council award a contract to Graffiti Protective Coatings, Inc. for Graffiti Removal Services in a yearly not-to-exceed amount of $216,000 for fiscal years 2022-2025 with two potential additional one-year extensions.

BACKGROUND:

The City of Maywood receives approximately $421,488 annually in Community Development Block Grant (CDBG) funds through a program established by the United States Department of Housing and Urban Development (HUD). These funds provide housing, economic and community development opportunities which primarily benefit persons of low-and-moderate-income levels and/or aid in the prevention or elimination of blighted conditions.

On January 26, 2022, The Maywood City Council approved the overall CDBG Program budget for Fiscal Year 2022-2023, including the Graffiti Removal Program, with an anticipated budget of $84,298. On March 23, 2022, the Maywood City Council approved the authorization to solicit proposals for Graffiti Removal Services under the CDBG Grant.

The Graffiti Removal Program provides for the removal of graffiti from public areas and private property that is visible from the public right-of-way. CDBG funds pay for a portion of the graffiti removal contractor services.

The current graffiti removal services contract is with Graffiti Protective coatings, Inc., (GPC) and will end on June 30, 2022.

DISCUSSION:

On March 25, 2022, The City of Maywood solicited proposals through a Request for Proposal (RFP) process soliciting all interested potential contractors. The RFP listing was open for exactly a month and ended on April 25, 2022.

By the April 25, 2022, deadline, the City Clerk’s Office received two (2) proposals from the following companies:

Contractor Contractor
Graffiti Protective Coatings, Inc.
419 N. Larchmont #264
Los Angeles, CA 90004
Superior Property Services, Inc.
9129 Perkins St.

Pico Rivera, CA, 90660
Cost Proposal Cost Proposal
Sandblasting: $18.80 for 300 sq. feet
Waterblasting: $18.80 for 300 sq. feet
Water blasting with baking soda: $18.80 for 300 sq.
feet
Painting - "matching paint" Chemical/ Solvents:
$18.80 for 300 sq. feet
Non-Porous Surface: $0.08 cost per sq. feet
Painted Surface: $0.08 cost per sq. feet
Porus Surface: $0.08 cost per sq. feet
Emergency Call Out: No additional charges
Sandblasting: $85 for 25 sq. ft.

Waterblasting: $85 for 25 sq. ft.

Water blasting with baking soda: $95 for 25 sq. ft.

Painting - "matching paint" Chemical/ Solvents: $85
for 25 sq. ft.

Non-Porous Surface: $1.50 per 5sq. ft.

Painted Surface: $1.50 per 5 sq. ft.

Porus Surface: $1.50 per sq. ft.

Emergency Call Out: $125 per hour
The evaluation committee from the City’s Manager’s Office reviewed the proposals. The submitted proposal was fully evaluated on the following criteria:
 The quality of the proposal that was submitted.
 The qualifications and experience of the proposer, key personnel, and staff.  The contractor's scope of work such as water blasting, color matching, etc.  The contractor’s previous or similar experience and expertise with graffiti removal services.  The contractor’s compliance with Federal CDBG Program Requirements.  The contractor’s financial stability and cost to the city.  The contractor must have all the adequate licenses or certifications.

Graffiit Protective Coatings, Inc.

Upon evaluating Graffiti Protective Coatings, Inc. and Superior Property Services Inc., GPC Inc. was the only contractor whose proposal complied with the provisions of the RFP. Based on this reason as well as the Committee's review of the other evaluation criteria, it is recommended that GPC, Inc. is the best choice for the City of Maywood. The city has been serviced for several years by GPC Inc. with excellent service. The Request for Proposal specifically asked for the Contractor's complete schedule of graffiti removal fees. The two contractors were evaluated based on the cost of the proposal, and GPC, Inc. had a lower price for the requested services, although this is just one of the factors for review.

Staff recommends awarding the CDBG for the Graffiti Removal Program contract to Graffiti Protective Coatings, Inc.

The City of Maywood worked with Graffiti Protective Coatings for more than 15 years and have shown they are qualified to service the City.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

The City of Maywood receives approximately $421,488 annually in CDBG funds. The Maywood City Council approved the overall CDBG Program budget for Fiscal Year 2022-2023, including the Graffiti Removal Program, with an anticipated budget of $84,298. (Previously utilized Gas Tax monies to supplement the cost)

F.Y. 21-22 Impact: $84,829 Current F.Y. Budget:

Fund Impacted: Fund 16 - CDBG Budget adjustment requested: NA Source of funds: US Department of
Housing and Urban Development
Updated Account Budget: NA
Account Number: GL-5430 Contractual
Services
For fiscal year: FY 21/22

ATTACHMENT(S)

1. Graffiti Protective Coating - Graffiti Removal Services Proposal

2. Professional Services Agreement for Graffiti Protective Coatings, Inc.

1 CITY OF MAYWOOD

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 8th day of June, 2022 by and between the City of Maywood, a municipal organization organized under the laws of the State of California with its principal place of business at 4319 East Slauson Avenue, Maywood, California 90270 (“City”) and Graffiti Protective Coatings, Inc., a graffiti removal company with its principal place of business at 419 N. Larchmont Blvd. #264, Los Angeles, California 90004. (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing Graffiti Removal services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such services for the CDBG Graffiti Removal Program, No. 601410-22 project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional graffiti removal services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2022 to June 30, 2025, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

Additionally, there shall be two (2) one-year options to renew the Agreement for FY 2025- 2026, and FY 2026-2027 with the mutual written consent of both parties.

2 3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “A” attached hereto and incorporated herein by reference.

Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Contractor at the request of the City. The key personnel for performance of this Agreement are as follows: Jesus Rodriguez, Assistant General Manager, Carla Lenhoff, President, Karyn Boatman, Controller, and Jose Ordenez, Senior Field Tech.

3.2.5 City’s Representative. The City hereby designates Jennifer Vasquez, City Manager, or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3 3.2.6 Contractor’s Representative. Contractor hereby designates Jesus Rodriguez, Assistant General Manager, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, contractors and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

4 3.2.10 Insurance.

3.2.10.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

3.2.10.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.

3.2.10.3 Professional Liability. Contractor shall procure and maintain, and require its sub-contractors to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability.

3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in

5 connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. (C) Workers’ Compensation and Employers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers.

3.2.10.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers.

3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

6 3.2.10.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.12 Water Quality Management and Compliance.

3.2.12.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Project or the Services including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.2.12.2 Liability for Non-compliance. Failure to comply with the laws, regulations and policies described in paragraph 3.2.12.1 is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor hereby agrees to indemnify, hold harmless and defend (with counsel selected by the City) City, its officers, agents and employees from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in paragraph 3.2.12.1, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.

3.2.12.3 Training. In addition to the standard of care requirements set forth in paragraph 3.2.8, Contractor warrants that all employees and subcontractors shall have

7 sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.2.12.1.

Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.2.12.1 as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.12.4 Clean Air, Water Pollution Controls Acts. The Contractor agrees to comply with the Clean Air and Water Pollution Control Acts requirements as applicable in the performance of this contract. [33 U.S.C. §1251 et seq.]

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”B” attached hereto and incorporated herein by reference. The total compensation shall not exceed Two hundred sixteen thousand dollars. ($216,000) each year of the agreement without written approval of the City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City and based upon the approved rates of Los Angeles County Auditor-Controller.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage

8 Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6 Benefits. Contractor will not be eligible for any paid benefits for federal, social security, state workers’ compensation, unemployment insurance, professional insurance, medical/dental, or fringe benefits offered to others by the City.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Contractor shall maintain complete, accurate and clearly identifiable records with respect to all costs and expenses incurred under this Agreement. Contractor shall maintain all such records and make them accessible for audit or examination for a period of five (5) years after final payments are issued and other pending matters are closed. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. This Agreement, or any part thereof, may be terminated by mutual consent of the Parties in writing or by either Party upon thirty (30) days written notice and delivery by certified mail or by personal delivery. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. City may terminate this Agreement, or any part thereof, without cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

9 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor: Graffiti Protective Coatings, Inc.
419 N. Larchmont Blvd., #264
Los Angeles, CA 90004
Attention: Carla Lenhoff, President
City:

City of Maywood
4319 E. Slauson Avenue
Maywood, CA 90270
Attn: Jennifer Vasquez, City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor.

Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has

10 become known, to the related industry shall be deemed confidential. Contractor shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.5 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

3.5.6 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, contractors and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers.

3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.10 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

11 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.12 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

12 3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.20 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.21 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.7 Conflicts of Interest.

3.7.1. Disclosure and Compliance. Contractor agrees that any conflict or potential conflict of interest shall be full disclosed prior to execution of contract and contractor shall comply with all applicable federal, sate and county laws and regulations governing conflict of interest in accordance with 24 CFR Part 84 Sec. 84.42.

3.7.2 The Contractor its agents and employees shall comply with all applicable Federal, State and County laws and regulations governing conflict of interest. The Contractor agrees to incorporate the language found in this section in contracts using CDBG funds and subject to compliance with conflict of interest Federal, State and County laws.

3.7.3 The general rule shall be that no person described in the Persons covered section below who exercises, or has exercised any function or responsibilities with respect to

13 CDBG activities, or who is in a position to participate in a decision making process or gain inside information with regards to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract , or agreement with respect to a CDBG-assisted activity, or with respect to the proceeds of the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter.

3.7.4 Persons covered – The conflict of interest provisions of this section shall apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the Contractor, or of any designated public agencies, or of any subrecipients that are receiving CDBG funds

3.7.5 The Contractor represents, warrants and agrees that to the best of its knowledge, it does not presently have, nor will it acquire during the term of this Contract, any interest direct or indirect, by contract, employment or otherwise, or as a partner, joint venture or shareholder (other than as a shareholder holding a one (1%) percent or less interest in publicly traded companies) or affiliate with any business or business entity that has entered into any contract, subcontract or arrangement with the County or LACDA. Upon execution of this Contract and during its term, as appropriate, the Contractor shall, disclose in writing to the City any other contract or employment during the term of this Contract by any other persons, business or corporation in which employment will or may likely develop a conflict of interest between the County’s and/or LACDA’s interest and the interests of the third parties. [2 CFR Part 200.318(c)(1)(2)]

3.8 Political Activity/Lobbying Certification.

3.8.1. Contractor may not conduct any activity, including any payment to any person, officer, or employee of any agency or member of Congress in connection with the awarding of any federal contract, grant, or loan, intended to influence legislation, administrative rule-making or the election of candidates for public office during time compensated for under representation that such activity is being performed as a part of the contract responsibility.

3.9 County Lobby Certification.

3.9.1. It is understood that each person/entity/firm who applies for a Community Development Commission contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code Chapter 2.160, (Los Angeles County Ordinance 93-0031) and; that all persons/entity/firms acting on behalf of the above named firm have and will comply with the County Code, and; that any person/entity/firm who seeks a contract with the Community Development Commission shall be disqualified there from and denied the contract and, shall be liable in civil action, if any lobbyist,

14 lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code.

4. Federal and County Contract Provisions

4.1 Executive Order 11246: The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

4.2 The Contractor will, in all solicitations or advancements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

4.3 The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor’s legal duty to furnish information.

4.4 The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers’ representative of the Contractor’s commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4.5 The Contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

15 4.6 The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

4.7 In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

4.8 The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. [Amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966–1970 Comp., p. 684, EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230, EO 13665 of April 8, 2014, 79 FR 20749, EO 13672 of July 21, 2014, 79 FR 42971]

5.0 Non-Discrimination.

5.1 Civil Rights Act of 1964. Title VI of the Civil Rights Act of 1964 provides that no person shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Both Parties agree to abide by this provision of the Civil Rights Act in carrying out this Agreement. [24 CFR Part 1.4]

5.2 Age Discrimination. The Contractor shall comply with the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, which require that no person in the United States shall be excluded from participating in, denied the benefits of, or subject to discrimination under this Contract on the basis of age or with respect to an otherwise qualified disabled individual. [42 U.S.C. §§ 6101 – 6107]

16 5.3 Rehabilitation Act of 1973, Section 504. The Contractor agrees to comply with prohibition of disability discrimination and impose accessibility standards on housing and non-housing programs receiving Federal financial assistance. [24 CFR Part 8.5]

5.4 Housing and Community Development. Section 109, Title I of the Housing and Community Development Act of 1974, provides that no person shall, on the ground race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this Title. [24 CFR Part 6.4]

5.5 Discrimination Against Persons with Limited English Proficiency (LEP).

The Contractor shall comply with Executive Order 13166, titled “Improving Access to Services by Persons with Limited English Proficiency.” Executive Order 13166 requires that federally assisted agencies make reasonable efforts to provide language assistance to ensure meaningful access for Limited English Proficiency (LEP) persons to the agency’s programs and activities. HUD guidelines on LEP were published in the Federal Register on January 22, 2007 and were effective February 21, 2007. These HUD guidelines should be applied to federally subsidized housing, programs and other services which may be contracted out to other contractors.

5.6 Architectural Barriers Act and The Americans with Disabilities Act. The Contractor shall comply with the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) requires certain Federal and Federally-funded buildings and other facilities to be designed, constructed, or altered in accordance with standards that insure accessibility to, and use by, physically handicapped people. A building or facility designed, constructed, or altered with funds allocated or reallocated 40.2 or the definition of building as defined in 41 CFR Part 101, is subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151- 4157) and shall comply with the Uniform Federal Accessibility Standards (Appendix A to 24 CFR Part 40 for residential structures and Appendix A to 41 CFR Parts 101-19 for general type buildings). The Americans with Disabilities Act (42 U.S.C. Section 12131; 47 U.S.C.

Sections 155.201, 218 and 225) (ADA) provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications. It further provides that discrimination includes a failure to design and construct facilities for first occupancy after January 26, 1993 that are readily accessible to and usable by individuals with disabilities. Further, the ADA requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable, easily accomplishable and able to be carried out without much difficulty or expense under this part after December 11, 1995, and that meets the definition of residential structure as defined in 24 CFR Section 40.2.

6.0 Patent Rights and Copyrights.

6.1 The Contractor agrees that results in any discovery, invention or copyrightable material which may develop in the course of or under contract, the City reserves the right to

17 royalty-free, non-exclusive and irrevocable license to use and to authorize others to use, the work for government purpose. [24 CFR Part 85.36(i)]

7.0 Energy Policy and Conservation Act.

7.1 The Contractor agrees to comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act and its requirements in the performance of this contract. [42 USC §6201 et seq.]

8.0 Awards to Parties on Federal Excluded Parties List (EPLS)

8.1 The Contractor affirms that it is not on the Federal Excluded Parties List and agrees to comply with 2 CFR Part 200 – Appendix II(A), which prohibits Federal funds as contract awards to any entity on the Federal Excluded Parties List maintained on www.sam.gov. [2 CFR Part 200 – Appendix II(A)]

9.0 Federal Byrd Anti-Lobbying Amendment.

The Contractor affirms that in the procurement and performance of this contract, it was and is in compliance with the Byrd Anti-Lobbying Amendment. [31 U.S.C. 1352]

10.0 Section 3 Requirements.

10.1 Low-Income Opportunities. The Contractor agrees that when new jobs or contracts are created as a result of the usage of certain HUD funds, priority consideration is given, to the greatest extent feasible, to low- and very low-income persons residing in the community in which the funds are spent and to businesses that provide economic opportunities for these persons. [24 CFR Part 135.38]

11.0 Adherence to County’s Child Support Compliance Program.

11.1 The Contractor acknowledges that the County has established a goal of ensuring that all individuals who benefit financially from the County through contract are in compliance with their court-ordered child, family and spousal support obligations in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers.

As required by the County’s Child Support Compliance Program (County Code Chapter

2.200) and without limiting the Operating Agency’s duty under this Contract to comply with all applicable provisions of the law, the Operating Agency warrants that it is now in compliance and shall during the term of this Contract maintain compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 USC Section 653a) and California Unemployment Insurance Code Section 1088.5, and shall implement all lawfully served Wage and Earnings Withholding Orders or District

18 Attorney Notices of Wage and Earnings Assignment for Child or Spousal Support, pursuant to Code of Civil Procedure Section 706.031 and Family Code Section 5246(b).

12.0 Contractor’s Warranty of Compliance with County’s Defaulted Property Tax Reduction Program

12.1 Contractor acknowledges that the County has established a goal of ensuring that all individuals and businesses that benefit financially from the County through contract are current in paying their personal and real property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers. Unless the Contractor qualifies for an exemption or exclusion, the Contractor warrants and certifies that to the best of its knowledge it is now in compliance, and during the term of this Contract will maintain compliance, with the County’s Defaulted Tax Program, found at Los Angeles County Ordinance No. 2009-0026 and codified at Los Angeles County code, Chapter 2.206.

13.0 Executive Order 11738 – Environmental Debarments

13.1 The Contractor affirms that it does not have a conviction and/or Federal debarment for an offense under section 113(c)(1) of the Air Act or section 309(c) of the Water Act and agrees to comply with Federal Air Act and Water Act regulations and requirements. [38 FR 25161, 3 CFR, 1971-1975 Comp., p. 799]

14.0 Other CDBG Requirements.

14.1 Contractor agrees to abide by all applicable federal laws and regulations applicable to projects involving CDBG funding.
[Signatures on Next Page]

CITY OF MAYWOOD
By:

Heber Marquez, Mayor
Atlest:

Andrea Aguilar, City Clerk
Approved as to Form:

Roxanne Diaz, City Attorney
19

EXHIBIT “A”

SCOPE AND SCHEDULE OF SERVICES

References
City of Torrance
Ms. Nina Schroeder
(310) 781-7151
[email protected]
City of Long Beach
Mr. Thomas Marshall
(562) 577-4790
[email protected]
City of San Jose
Ms. Olympia Williams
(408) 535-3540
0 [email protected]
Approach to Scope of Services
Overview
The keys to a successful graffiti removal program are fast response, removal of all graffiti, and removal methods that leave no traces that the graffiti ever existed. Graffiti breeds more graffiti, and fast professional removal will allow to the City of Maywood to control this problem.

Graffiti Protective Coatings, Inc. specializes in these services with its "Zero-Tolerance Program". UnderGPC's proven program each technician is fully equipped and trained to remove all graffiti.

GPC performs thorough and complete removal, leaving no traces of the past graffiti. Details are not overlooked. All graffiti at sites requested by the City are removed no matter how small including but not limited to: all streets, sidewalks, private and city owned property, parks, civic center, upper level locations, and all objects in the City Right of Way.

Schedule of work (days, times, etc.)
GPC is planning a schedule of six days per week for a minimum of 1 full-time truck exclusive to the City of Maywood. GPC will perform services full-time Monday through Friday and a half day on Saturday. GPC will respond to emergency requests on Sundays and Holidays at no additional charge. GPC will provide additional vehicles at no additional surcharge as needed when needed.

Identification of Work
GPC will be responding to City staff requests, App requests, hotline calls, and proactive patrols of areas assigned by City staff. GPC will meet with City staff as needed to discuss work orders, schedules, and areas to be maintained.

Assignment of Work
GPC prefers to put technicians in their own exclusive and specific City/zone.

Technicians that are experts in their assigned geographic area gain efficiencies of drive time creating faster response times; more specific knowledge of neighborhoods, "hot spots", and color matches creating better consistency; and the technicians are more accountable for the appearance of their City/zone creating higher quality. GPC will provide the City its App-Order software and a smartphone app equipped with the AppOrder manager's app to City staff for instant and easy communication.

GPC will perform the following minimum requirements: patrol and clean all commercial streets, alleys, and walkways, areas surrounding school properties, main neighborhood streets, Parks, and any additional service requests from the City. Isolate any areas that are vandalized consistently on Fridays after 1 :00pm and re-patrol and clean those specific areas as needed.

GPC's workday will start at 6am so that busy thoroughfares can be cleaned safely before heavy morning traffic. During the patrols we will immediately remove all graffiti no matter how small including but not limited to: walls, sidewalks, signs, curbs, windows, phones, hydrants, concrete light poles, steel light poles, roofs, sewer lids, vents, gutters, trees, trash cans, parking bumpers, doors, railings, illegal postings, garage sale signs, stickers, mailboxes, banners, etc. Each site cleaned will be photographed and documented using App-Order. Waivers will be obtained as needed.

GPC's Maywood lead service technician, upon request, will check in with City staff at a specified time to review service requests and overall operations. City staff can enter requests directly into the App-Order work order system where they will be routed realtime to appropriate technician via the technician's location. City staff can monitor and manage work orders via the web or on the provided manager's smartphone app.

GPC will provide Maywood residents and staff three options to submit service requests.

The first is by calling the City's graffiti hotline. The second will be by a link on the City website that will create an instant electronic work order in the App-Order system. The third option is through a smartphone app. The smartphone app allows citizen photos and the corresponding GPS location to be submitted electronically into the App-Order system. The App-Order system will automatically notify the resident when the job is completed in real-time through a "Thank You" email featuring before and after photos as well as customer satisfaction survey. The majority of service requests will be completed within 1 hour with all requests being completed within 24 hours; priority calls or obscenities will be responded to in minutes.

GPC custom color matches all buildings to 98% or better. GPC will maintain the formulas as well as the inventory oflabeled locations. GPC currently has the exact color formula to virtually every building in the City. Therefore, our touch-ups will always be 100% accurate. Our custom matches will include specific coatings and bases as needed for unique finishes. Many buildings are repeatedly tagged and would be damaged if quality of the removal does not account for the repeated volume, therefore GPC takes special care to properly prep all surfaces and then professionally apply only high quality finishes. GPC will not use recycled paint on private or city owned property since it does not meet GPC or resident expectations.

Additional Work and Emergencies
GPC knows from experience with the City that it will receive countless special event requests and emergency calls. GPC performs these services at no additional sur-charge.

Response Time
GPC will be available to the city 24 hours a day, 365 days a year. No matter what the Holiday or time, emergency after-hours calls will have a response time of less than one hour. Emergency number is (323) 464-4472.
1) Emergencies- less than 60 minutes
2) Routine- clean immediately upon spotting graffiti
3) Citizen or City reported incidents- less than 1 hour from notification during normal working hours, never more than 8 working hours
Methods for removal describing materials used
-Painting
On most previously painted surfaces (with the exception of some semi-gloss, gloss, oil based, powder coated, and anti-graffiti coated surfaces), the best method of removal is to prep and repaint graffiti affected areas with exact color matches. For the few exceptions listed in parentheses above, GPC possesses a graffiti remover that erases the graffiti without damaging the finish or color of those surfaces.

The choices for applying the graffiti removal touch-up paint are brush, 6" mini roller, 9" standard roller, or airless sprayer. If the area to be painted is less than 1 square foot, most likely a brush will be used. If the area to be painted is more than 1 square foot and less than 25 square feet a mini roller will be used. If the area to be painted is over 25 square feet or is extremely porous such as certain stucco finishes or painted block walls where the roller does not easily fill the grout areas, then GPC will use an airless sprayer. If wind conditions or surroundings dictate a sprayer cannot be used, then a standard 9"roller will be used.

Preparation (prep), which includes adjacent surface protection, is vital in professional removal.

Before the touch-up paint can be applied, the surface must be clean. If the graffiti is from a marker or dark spray paint on a light color, the graffiti will be "killed" with a primer. It is required to use a primer in these instances, otherwise, many rapid coats of paint will have to be applied which will lead to adhesion problems and will distort the texture of the surface. 10 Page 273 of 348
GPC must now make the custom color of the surface. GPC will match the sheen of the surface, followed by the base, and then add colorants so that the touch-up is virtually undetectable. Once the paint is made, the formula is saved and the paint is labeled with the corresponding location.

The advantage of near perfect color matches is that smaller areas can be touched-up without having to paint the entire surface, creating tremendous cost savings. All GPC techs are excellent color matchers and are extensively trained at on-site color matching.

The 32 colors most frequently used will be kept in the truck. GPC inventories all custom color matches. Each color is stored on racks by zone and route. GPC will maintain all color formulas and inventory at a centralized warehouse. Therefore, GPC touch-ups will always be 100% accurate. Colors not normally on the truck will be added in the morning based upon the work order locations received.

GPC applies the color using its "feathering" technique with the applicators listed above. The techs are trained to apply a thin even coat while blending out all the edges. There will be no drip marks or awkward squares. Upon completion, the touch-up will not be recognizable and no one will have known that site had been vandalized.

It is important to note that GPC uses only quality paint to prevent color fading, obtain better coverage, and prevent adhesion problems.

If the tech is in the field and finds a surface where the color cannot be matched on-site to 98% or better accuracy, the tech will temporarily cover with the graffiti with the closest color and bring a small sample to the warehouse. A custom color will be made and within 24 hours the field tech will have applied the custom color using the processes already discussed.

GPC utilizes drop cloths to protect the ground and landscaping from drops or spills. If vehicle(s) are too close to the work area, GPC with permission from the CPM, will reschedule for the most advantageous time. Techs are well trained and highly skilled which greatly limits the possibilities of adjacent surface damage. Plastic sheeting and tape is in every truck and will be used when necessary.

Extreme care and diligence is always utilized when using airless sprayers and graffiti removers to avoid overspray of cars, personal property, and pedestrians. During the past 26 years GPC personnel have removed millions of tags with not one insurance claim of overspray, injury, or other complication for any of our clients.
-Media Blasting
GPC removes graffiti from unpainted surfaces with soda blasting techniques. These can be performed wet or dry. For wet blasting, GPC utilizes water recovery and recycling equipment.

GPC possesses many water recovery units. The units are truck mounted and designed after a much larger CAL TRANS model. The units are fully automatic zero discharge-closed loop wash water recovery system. The units remove all physical particles twenty microns and larger in size as well as absorbing petroleum hydrocarbons. It collects the wash water using a Vacuboom system, filters the water and returns the clean water to the main water tank. Water recovery units are in compliance with current wastewaterregulations and requirements. 11 Page 274 of 348
The media used for soda blasting is baking soda. Baking soda is FDA approved, non-toxic, and contains no free silica. It is also non-sparking, non-flammable, non-hazardous, and environmentally safe.

Equipment to be provided daily within contract
GPC trucks for the City of Maywood will be a mix of new or late model long bed heavy duty pick-ups. All trucks are fully equipped and self-contained for all aspects of graffiti removal.

Graffiti locations often require multiple techniques of hot water cleaning, chemical removal, and painting. Therefore, each of our trucks are equipped with 3,000 psi 5gpm hot water pressure washers, water tanks, water recovery units, .75-gpm gas powered airless paint sprayers, ladder, baking soda blaster attachments, and pressure washer hose reels. GPC 's equipment is of the highest quality and all the trucks are specifically customized and designed for GPC graffiti removal techniques. GPC currently has all the equipment needed to fulfill this contract.

Mounted on the trucks are dual strobe lights and arrow sticks. The trucks possess cones to comply with WATCH hand book requirements. Inside the trucks are caution tape, respirators, first aid kits, MSDS sheets, safety equipment, and tools for repairs.

All GPC trucks for the City will always be fully equipped for all types of graffiti removal as stated above. There will be no need or delay for additional equipment. GPC has immediate access to a bucket truck; however the need in Maywood for a bucket truck is virtually non-existent.

Technology
GPC provides its App-Order system at no additional charge. This electronic work order system is a green solution to work order management. The real-time web based software system creates tremendous efficiencies and significant cost savings for GPC and the City. The City is able to dispatch, route, and monitor work orders real-time via the web. The technicians are able to directly submit work order number, address, longitude and latitude, date, surface, method, square footage, cost, moniker, zones, public or private designation, utilities owner identification, time, remarks, comments, and before/after photos electronically in real-time to the City. System recognizes and records the technicians name as well as job start and stop times. Work order response times are also tracked.

Included, GPC will provide the City its own branded app on the App Store and Android Marketplace that Maywood residents use to report graffiti and other issues using their smartphones. Photos and GPS data from smartphone requests electronically feed into the web based system where it is electronically directed to GPC field staff. A seamless web link is also included that allows residents to submit their requests from the City's website. Work orders are closed electronically in real-time with corresponding electronic notification of job status sent to the resident. Features include customized electronic response to citizen requests with before and after photographs as well as a link to an electronic survey. Survey lets residents rate the quality of services provided as well as the response time. Completed surveys are electronically sent in real-time to designated City staff.

Each request will receive a work order number so that its status can be tracked. Once work requests have been received, App-Order maps out the locations on the technicians phone. All I 7 Page 275 of 348
service requests will be completed within 24 hours, with the exception for inclement weather or other extraordinary circumstances that could cause a delay. The CPM will be notified of any delays. Emergency requests will receive immediate response with an anticipated removal time of 1 hour or less. GPC is available and on-call 24-hours a day, 7 days a week. The CPM will be provided a mobile device for creating, viewing, and mapping all of GPC's work orders.

The system is role based and is user friendly. City staff can print current and real-time custom reports and graphs within seconds on-line. App-Order shows in real-time open/closed work orders, response time, billing, and reports. T t also separates out costs for different surfaces, technicians, methods, and zones. Billing and reports can also be exported to excel spreadsheets in mere seconds. Law enforcement is provided passwords so they can map, search, and track vandal activity as well as get instant and real-time billing reports and photos for apprehended taggers.

All data collected in the work order system for this project is the property of the City. GPC created and owns the software, so many custom features can be easily added with no additional cost.

CDBG Reporting
GPC has vast experience working on CDBG projects and understands the reporting requirements that are why the App-Order software has a CDBG component that separates out work orders by census tract and block group, and creates custom CDBG reports in mere seconds.

GPC in Maywood
GPC has been providing graffiti removal services to the City for over 15 years. GPC has always met and exceeded expectations, providing consistent high quality seamless operations. GPC has been called before Council numerous times to be praised for its services and even received a plaque in appreciation of the outstanding services provided.

Over the past 15+ years, there was one year GPC did not provide graffiti removal service to the City. In an effort to save money, the City once went with a strictly low-bid contractor that was unable to meet the standards set by GPC and was terminated in less than a year. GPC has never had a contract terminated.

Conclusion
GPC has always provided the highest quality services at low prices. GPC had achieved its goal making Maywood one of the best graffiti programs in the country. The program had no shortcomings or deficiencies and had consistently maintained the highest possible standards, exceeding and creating very high expectations.

There is no better indicator of future success than past performance.

EXHIBIT “B”

COMPENSATION

COST PROPOSAL
a. Respondent shall submit a detailed cost proposal that shall include all tasks required to perform the Scope of Services.

The cost proposal shall indicate how the City will be charged for services (i.e. unit, hourly or flat rate basis as appropriate) for the term of the contract, including any extensions. Costs should include all services and materials if any, needed to perform the Scope of Services, and a "not to exceed" amount for reimbursables.
b. As it relates to the services under this RFP, if Respondent is proposing to provide the services on an hourly basis, the cost proposal shall identify the hourly rate for the personnel needed to complete the Scope of Services.
c. In addition, Respondent shall also submit the
rates/compensation for any "additional services" that
Respondent can provide.

Please complete the following:

REMOVAL OF GRAFFITI FROM PRIVATE AND PUBLIC PROPERTY:

Using the Contractor's complete schedule of graffiti removal fees, enter the cost per location for each of the following removal methods.

Minimum Cost Additional Cost Over Minimum Type
Sandblasting $
For
Water blasting $
For
Water blasting with $
bakina soda For
Painting - "matching $
paint" For
Chemical/Solvents
other (descrjbe):
l[-�C)
Jco so.ft
1 [-fo
)011 so.ft
l'-·4'�
soo SQ.ff
l�-'fo

2.:i" sq.ft
•
15 Cost
$ O.o lf /sq. ft.
-

Please complete the following schedule of fees:

Cost Charged in Minimum Charge per
per sq. increments
ft. of location
A. Non-Porous
Surface Q,Q'js ")oG >�F, /� .. �o
B. Painted � �o y Surface )C:Hl S:�F, I g .. f<7J
C. '" Porous 0 . c ¥ Surface 3�C) ;>�Ff f l.fo
D. Emergency
Call Out "'� !too� .,-.r�,.,.,, L 5..1 12.CH,1,t.'""-t° Definitions of the terms used above:

Non-Porous Surface Glass windows, mirrors, metal, street signs, poles, baked enamel, traffic control boxes, etc.

Painted Surface Previously painted surfaces such as stucco, block walls, tilt ups, fences, etc.

Porous Surface Natural unpainted surfaces such as block walls, concrete walls,. ' curbs, sidewalks, etc.

Emergencv Call Out Sendinq a work crew out of schedule
r'CJV-- ,.. f""1Jc.,(3"o //<?,�oo (Jf.\2-. )"-ldr''7H
I hereby certify that I have the authority to offer this cost proposal to the City of Maywood for the services identified in this RFP. I further certify that I have the authority to bind myself/this company i . agreement should I be successful in my Proposal.

SIGNATURE
C"""F-<.A- ll: >I fl-4 Fr

PRINT NAME

EXHIBIT “C”

CERTIFICATIONS

Address:

Telephone:

County of Los Angeles
County Lobbyist Certification
l/'f7l.

Date:

Acting on behalf of the above named firm, as its Authorized Official, I make the following certification to the (City of Maywood), as the local contracting agency (LCA), and to the Los Angeles County Development Authority (LACDA};
1) It is understood that each person, entity, or firm who applies for a Los Angeles County Development Authority funded contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code, Chapter 2.160 (Los Angeles County Ordinance 93--0031) and;
2) That all persons/entities/firms acting on behalf of the above named firm have and will comply with the County Code, and;
3) That any person, entity, or firm who seeks a contract with the (City of Maywood), and/or the Los Angeles County Development Authority shall be disqualified therefrom and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the named firm fails to comply with the provisions of the County Code.

This certification is material representation of facts upon which reliance wa was made or entered into.

Authorized Official:
(Print Name of Arm's Authorized Representative) (Signature of Firm's Authorized Representative) (Date}

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 9.

DATE: June 8, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: KAREN INIGUEZ, COMMUNITY DEVELOPMENT ANALYST
SUBJECT: CONSIDERATION OF AWARDING A CONTRACT WITH DIANA CHO AND

ASSOCIATES FOR PROGRAM ADMINISTRATIVE SERVICES RELATED TO THE

COMMUNITY DEVELOPMENT BLOCK GRANT AND PERMANENT LOCAL HOUSING ALLOCATION PROGRAMS IN A YEARLY NOT-TO-EXCEED AMOUNT OF $45,320 FOR FISCAL YEARS 2022-2025 WITH TWO POTENTIAL ADDITIONAL ONE-YEAR EXTENSIONS.

RECOMMENDATION:

Staff recommends that the City Council award a contract to Diana Cho and Associates for program administrative services related to the Community Development Block Grant and Permanent Local Housing Allocation programs in a yearly to-not-exceed amount of $45,320 for fiscal years 2022-2025 with two potential additional one-year extensions.

BACKGROUND:

Each program year, the City receives an annual Community Development Block Grant (CDBG) allocation from the U.S. Department of Housing and Urban Development (HUD) through the Los Angeles County Development Authority (LACDA). The CDBG allocation from the LACDA for Fiscal Year 2022-2023 will form part of the City’s General Budget.

It is estimated that the City’s allocated funding will be approximately $421,488 annually in CDBG funds through a program established by the United States Department of Housing and Urban Development (HUD). These funds provide housing, economic and community development opportunities which primarily benefit persons of low-and-moderate -income levels and/or aid in the prevention or elimination of blighted conditions.

The City’s FY 2022-2023 CDBG Program budget includes funding for the Graffiti Removal Program ($84,298), Code Enforcement Program ($196,800), and Sidewalk Rehabilitation Program Project FY 2022-2023 ($140,390). In addition, the City of Maywood receives and allocates grant funds from the California Department of Housing and Community Development (HCD) Permanent Local Housing Allocation Program (PLHA).

The CDBG and PLHA Programs are administered by the Los Angles County Development Authority (LACDA).

LACDA interacts with the City of Maywood to coordinate overall program management and to ensure compliance with Federal, State, and County requirements.

Program administrative and technical assistance services are needed for the administration of the LACDA and PLHA programs. These services include 1) coordination, monitoring, evaluation, funding reimbursement, contracts, and labor compliance of CDBG projects to meet LACDA guidelines established by HUD; and 2) program implementation of PLHA projects that meet LACDA and HCD requirements.

The LACDA recommends setting term limits for professional service agreements. The current CDBG program administration agreement with Diana Cho and Associates and will end on June 30, 2022.

DISCUSSION:

On April 13, 2022, The City of Maywood solicited proposals through the RFP process to all potential consultants interested. The RFP listing was open for three weeks with the end date of May 9, 2022.

By the May 9, 2022, deadline, the City Clerk’s office received two proposals from the following companies.

Proposal from Consultant 1: Proposal from Consultant 2:

Diana Cho and Associates
16716 E. Rocky Knoll Road
Hacienda Heights, CA 91745
Willdan
13191 Crossroads Parkway North, Suite 405, Industry,
CA 91746
Cost Proposal Cost Proposal
Principal: $85
Associate: $75
*Additional hours can be provided upon request
of the City or upon funds available in the budget.

Principal: $195
CDBG Program Administrator: $155
Housing Coordinator: $105
CDBG Analyst: $125
Grant Management: $105
Labor Compliance: $158
Labor Compliance: $120
* Additional services will be invoiced at hourly rates
provided above
Total Proposal Amount:

Not to exceed: $45,320
Total Proposal Amount:

Not to exceed: $44,341
The evaluation committee from the City’s Manager’s Office reviewed the proposals. The submitted proposal was fully evaluated on the following criteria:
 The quality of the proposal that was submitted.
 The qualifications and experience of the consultant and staff.  The consultant’s previous or similar experience and expertise in CDBG and PLHA Programs.  The consultant’s approach to the scope of work for CDBG and PLHA Programs.  The consultant’s compliance with Federal CDBG Program Requirements.  The consultant’s financial stability and cost to the city.

Diana Cho and Associates
Upon evaluating Diana Cho and Associates and Willdan, Diana Cho and Associates established a good working relationship with city staff and understood the needs of the community. The established working relationship has benefited the city and staff due to the fact they are familiar with all the current projects under CDBG. Additionally, since Diana Cho and Associates are familiar with the specific scope of work that is required for CDBG, they also have the ability to continue to train staff with anything that pertains to CDBG. For these reasons as well as the Committee's review of the other evaluation criteria, Staff recommends that Diana Cho and Associates is the best choice for the City of Maywood and should be awarded the contract.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

It is estimated that the City’s allocated funding will be approximately $421,488 annually in CDBG funds. Previous funds to pay Diana Cho and Associates have been included within the Code Enforcement and Sidewalk Rehabilitation Projects.

F.Y. 21-22 Impact:
$45,320
Current F.Y. Budget: $313,210
budgeted
budgetedFund Impacted: 16 -
CDBG
Budget adjustment requested: NA
Source of funds: Updated Account Budget: NA
Account Number: GL-5430
Contractual Services
For Fiscal Year: 2021/2022, 2022/2023, 2023/2024
with 3 year options

ATTACHMENT(S)

1. Diana Cho -Proposal for Maywood 2022

2. Professional Service Agreement Diana Cho and Associates

1 PROPOSAL TO THE

CITY OF MAYWOOD
FOR

COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM AND PERMANENT LOCAL

HOUSING ALLOCATION (PLHA) ADMINISTRATION

SERVICES

PREPARED BY

DIANA CHO AND ASSOCIATES
May 3, 2022
DIANA Y. CHO
16716 E ROCKY KNOLL ROAD
HACIENDA HEIGHTS, CA 91745
(626) 374-2184

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Table of Contents
Cover Letter ....................................................................................... ii Section 1. Firm Experience and Qualifications ................................................1 Section 2. Approach to Scope of Service .......................................................1 Section 3. Proposed Scope of Services..........................................................2 Section 4. Client List ..............................................................................5 Section 5. Schedule of Fees ......................................................................6 Section 6. Detail Cost Proposal ..................................................................7 Section 7. Resume .................................................................................8

1 ii
Cover Letter
May 3, 2022
City of Maywood
City Clerk’s Office
4319 Slauson Avenue
Maywood, California 90270
Subject: Request for Proposals for Community Development Block Grant (CDBG) Program and Permanent Local Housing Allocation (PLHA) Administration Services
Dear City of Maywood:

Diana Cho and Associates is pleased to submit a proposal to provide consultant services for the City of Maywood’s Community Development Block Grant (CDBG) and Permanent Housing Allocation (PLHA) Programs. We are extremely responsive to the needs of our clients as our primary goal is to assist cities in operating successful CDBG Programs.

Since 1986, Cho and Associates have offered extensive administrative and financial management services to cities requiring assistance with the CDBG Program. We are currently providing CDBG services to the Cities of Maywood, Diamond Bar, and Bell, to provide overall CDBG Program services including contract, labor and Section 3 compliance coordination and monitoring.

As CDBG consultants, Cho and Associates provide assistance with CDBG program and financial monitoring including Single Audits, preparing Exhibit A/Planning Summaries documents, CDBG Funding Requests, professional services agreements, construction bid documents, and U. S. Department of Housing and Urban Development (HUD) and Los Angeles County Development Authority (LACDA) reports.

Our office is located at 16716 Rocky Knoll Road, Hacienda Heights, California, 91745.

We can be reached at (626) 374-2814 and [email protected]. The firm is a sole proprietorship.

We would appreciate the opportunity to continue working with the City of Maywood.

Sincerely,
Diana Y. Cho
Principal Consultant
RFP City of Maywood 2022

1 Section 1. Firm Experience and Qualifications
Diana Cho will serve as the lead consultant for the City of Maywood’s CDBG Program Administration services.

Diana Cho has served as a CDBG consultant since 1986. Currently, Diana Cho provides direct CDBG program management services for the Cities of Maywood, Diamond Bar, and Bell. In addition, Ms. Cho provides contract and labor compliance services for various cities on an as-needed basis.

Ms. Cho has provided CDBG administrative services and technical assistance for the Cities of Bell Gardens, Rancho Palos Verdes, El Segundo, Huntington Park, and Hawaiian Gardens. In addition, she has provided David-Bacon labor and contract compliance services for the Cities of South Pasadena and La Habra Heights.

As a CDBG consultant, Ms. Cho has prepared Program Guidelines, Annual Program Planning Summaries, the Statement of Community Development Objectives and Projected Use of Funds, Comprehensive Performance Reports, Contract/Subcontract Activity Reports, Request For Proposals and Qualifications (RFP’S AND RFQ's), and professional services agreements; provided labor compliance monitoring for a Commercial Business Revitalization Program; and monitored the expenditures and accounting of CDBG funds.

Additionally, Diana Cho has served as a sub-consultant to various engineering firms providing CDBG labor and contract compliance services and technical assistance for their clients. These services are provided on an on-call basis for CDBG-funded projects.

Ms. Cho was formerly a CDBG program manager for the Los Angeles County Community Development Commission (re-named as the Los Angeles County Development AuthorityLACDA) prior to becoming a consultant. Furthermore, Ms. Cho has worked in the Community Development Block Grant Program since 1978 as a Legislative Analyst for the City of Los Angeles and Program Manager for the County of Los Angeles prior to establishing her firm. Ms. Cho graduated from the University of Southern California with a Bachelor of Science in Public Affairs/Public Administration with honors.

Section 2. Approach to Scope of Service
Diana Cho and Associates’ primary goal is to operate successful and excellent CDBG Programs on behalf of our client cities. We have a detailed understanding of the LACDA requirements as well as the U. S. Department of Housing and Urban Development (HUD) CDBG program regulations. The firm maintains a consistent and open communication network with LACDA’s program and financial teams and the cities’ staff to ensure CDBG compliance every fiscal year.

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We review LACDA’s Grant Management Unit (GMU) Bulletins, receive CDBG-EDL messages directly from LACDA, participate in mandatory CDBG trainings, and attend quarterly Cities Highlights and Training (CHAT) Meetings to be pro-active for our client cities. Furthermore, Diana Cho and Associates are actively involved with LACDA monitors and city auditors during CDBG programmatic and financial audits.

Section 3. Proposed Scope of Services
Diana Cho and Associates will provide CDBG program consulting services for program administration, implementation and monitoring. The proposed CDBG services to be offered are as follows:

Consultants will provide technical assistance for the administration and implementation of the City's projects and activities.
• Prepare CDBG documents including contracts, agreements and amendments.
• Prepare public hearing notices for citizen input on the allocation of annual funds and/or any changes in the CDBG allocation of funds. • Prepare reports and resolutions for City Council review and approval of CDBG projects and activities.
• Prepare and submit Annual Program Planning Summaries indicating the projects and budgets for the CDBG Program to LACDA.
• Process CDBG Reimbursable Contract and Amendments.
• Prepare and complete LACDA reports and documents including the Quarterly Performance Report, labor standards report and Contract/Subcontract activity report.
• Keep City informed about current County and HUD requirements for the CDBG Program including historical preservation clearance, environmental impact review and procurement guidelines for services, supplies and equipment, if necessary.

Consultants will prepare the Agreements to Implement Projects including project descriptions and budgets.
• Complete and submit the Exhibit A Input documents which describe the CDBG project, funding amount, program beneficiaries and project location.
• Prepare and process amendments for on-going projects. Prepare public hearing notices for substantial changes in project description and/or funding levels.

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Consultants will assist in the preparation of CDBG Funding Requests for each project.
• Review City’s monthly financial expenditures and revenue reports, payment requests and invoices for CDBG services, supplies and equipment, if necessary.
• Assist with the preparation and submission of CDBG Funding Requests to the County each month.
• Monitor the drawdown of CDBG funds in order to comply with the LACDA/HUD performance goals.

Consultants will coordinate with staff and gather all necessary files and documentation for program monitoring and audit preparation. • Develop and maintain all necessary documentation for CDBG monitoring and Single Audit.
• Assist County and Federal CDBG monitors during program performance reviews, and City auditors during Single Audit.

Consultants will provide Davis-Bacon monitoring and contract compliance for CDBG-funded construction projects.
• Review construction contracts and bid specifications for compliance with Federal requirements to ensure that all appropriate forms are included in bid package.
• Submit construction bid document to LACDA prior to advertisement of bids.
• Verify contractor and subcontractor eligibility.
• Participate in preconstruction conferences as requested by the City. • Prepare and submit documents and reports required by the U.S.

Department
of Labor (DOL) and U.S. Department of Housing and Urban Development (HUD) for construction projects.
• Report any wage modifications, or other changes in requirements as they are issued.
• Review Weekly Certified Payroll Reports.
• Prepare and maintain labor and contract compliance files for LACDA and HUD monitoring.
• Review all construction contract files prior to project close-out.

Consultants will provide Section 3 monitoring and compliance for CDBG-funded construction projects.
• Review construction contracts and bid specifications to ensure that all Section 3 compliance forms are included in bid package.

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• Provide technical assistance to City staff regarding the objectives and requirements of Section 3.
• Review documentation of actions taken to comply with Section 3. • Prepare annual Economic Opportunities for Low- and Very-Low Income Persons in Connection with Assisted Projects (Section 3 Performance) report.

Consultants will serve as City's liaison and representative to LACDA. • Coordinate program monitoring visits and audits.
• Prepare responses to LACDA correspondence and monitoring findings. • Submit inquiries for clarifications and determinations on behalf of the City.

Consultants will ensure compliance with all applicable Federal, State and local laws and policies.
• Keep updated copies of CDBG regulations and handbooks at City Hall. • Circulate CDBG information bulletins to City staff.
• Attend County and HUD seminars on program and regulatory changes.

Additionally, Cho and Associates will provide PLHA program consulting services for program administration, implementation and monitoring. The PLHA program is newly established and LACDA has not developed specific administrative requirements that are as detailed as the CDBG procedures for cities yet.

Based on the PLHA requirements for cities over the past year, the proposed PLHA services to be offered are as follows:
• Prepare reports and resolutions for City Council review and approval of PLHA projects and activities.
• Prepare PLHA documents including contracts, agreements and amendments.
• Prepare public hearing notices for citizen input on the allocation of annual funds and/or any changes in the PLHA allocation of funds. • Process PLHA Reimbursable Contract and Amendments.
• Prepare and complete LACDA reports and documents for the PLHA program.
• Prepare and submit PLHA funding requests to draw down funds allocated for the City.
• Keep City informed about current County and State Housing and Community Development (HCD) requirements for the CDBG Program.

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Section 4. Client List
Diana Cho and Associates currently provide services for the following clients:

City of Maywood
Jennifer Vasquez, City Manager
4319 E. Slauson Avenue, Maywood, CA 90270 (323) 562-5714 Services Provided: CDBG Administration and Contract, Labor and Section 3 compliance monitoring.

Term of Service: 2010 to Present
City of Bell
Manuel Acosta, Community Development Director (323) 588-6211 6330 Pine Avenue, Bell, CA 90201
Services Provided as CDBG Consultant to the City of Bell CDBG Administration and Contract, Labor and Section 3 compliance monitoring.

Term of Service: 1986 to 2011 and July 2018 to Present
Services Provided as a Sub-consultant to the City of Bell with LDM Associates, Inc.

CDBG Administration and Contract, Labor and Section 3 compliance monitoring.

Term of Service: 2014 to 2018
City of Diamond Bar
Greg Gubman, Community Development Director
21810 Copley Drive, Diamond Bar, CA 91765 (909) 839-7030 Services Provided: CDBG Administration and Contract, Labor and Section 3 compliance monitoring.

Term of Service: 1993 to Present
Cho and Associates’ former clients include:

City of Bell Gardens
Gustavo Romo, Community Development Director
7100 South Garfield Avenue, Bell Gardens, CA 90201 (562) 806-7700 Services Provided: CDBG Administration and Section 108 Loan.

Term of Service: 2004 to 2020

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Section 5. Schedule of Fees
Cho and Associates will provide services in an amount not to exceed $45,320.

The fees for consulting services are inclusive of all normal business overhead and will be as follows:

Principal - $ 88.00 per hour
Associates - $ 75.00 per hour
Diana Cho will serve as the lead consultant for providing CDBG and PLHA Administration Services. The consultant will work at least two day per week at City Hall offices.

Approximately eight to ten hours of consultant services will be provided each week.

Additional hours can be provided if requested by the City, and upon availability of other funds in the budget.

Consultants will provide any other technical assistance when required by City staff in the areas of project management and administrative assistance.

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Section 6. Detail Cost Proposal

TASK RATE/
HOUR

HOURS FEES
A. Provide technical assistance for the
administration and implementation
of the City's projects and activities.
$88 120 $10,560
B. Prepare the Agreements to
Implement Projects including
project descriptions and budgets.
$88 40 $3,520
C. Preparation of CDBG Funding
Requests for each project.
$88 120 $10,560
D. Coordinate with staff and gather all
necessary files and documentation
for program monitoring and audit
preparation.
$88 60 $5,280
E. Provide Davis-Bacon and Section 3
monitoring, labor, and contract
compliance for CDBG-funded
construction projects.
$88 50 $4,400
F. Serve as City's liaison and
representative to LACDA.
$88 45 $3,960
G. Ensure compliance with all
applicable Federal, State and local
laws and policies.
$88 20 $1,760
H. Provide PLHA General Assistance. $88 60 $5,280
TOTAL 515 $45,320

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tion 6. Resume
DIANA Y. CHO

DIANA CHO AND ASSOCIATES

EXPERIENCE
Consultant - City of Maywood City of Diamond Bar
2010 – Present 1993 – Present
City of Bell
1986 – 2011 and 2014 - Present
City of Bell Gardens City of Rancho Palos Verdes
2004 – 2020 1995 – 2014
Responsibilities and experience include providing CDBG administration; preparation of Planning Summaries, Exhibit A’s, Quarterly Performance Reports (QPR), contracts and contract amendments; CDBG contract compliance services; preparation of HUD and DOL labor compliance reports; obtaining certifications and maintaining Davis-Bacon documentation; coordination of labor compliance monitoring; preparation of inquiries for clarifications and determinations on behalf of the City; preparation of responses to Los Angeles County Development Authority (LACDA) correspondence; providing recommendations for eligible CDBG activities and projects; review of monthly CDBG program expenditures; preparation of staff reports and City Council resolutions pertaining to the CDBG Program; program and financial monitoring of a $5 million Section 108 Loan Application; preparing and reviewing bid documents and proposals; preparing CDBG funding requests; and CDBG program assistance in the areas of program monitoring, contractor payment processing and financial audits.

Past responsibilities and experience included assistance in CDBG and Metro program administration; CDBG financial monitoring; CDBG, CDBG-R and ARRA labor compliance oversight and monitoring; technical assistance for the Handyworker Program and Lead and Asbestos Testing and Abatement Program; assisting with the implementation of the Residential Rehabilitation Program; and assistance for the Metro and SCAQMD AB 2766 funded projects including the preparation of project descriptions and budgets, monitoring of program expenditures and preparation of annual reports.

Consultant - Various Engineering Firms
2007 – Present
Provide services as a Sub-Consultant to Interwest Consulting Group, LAE Associates, et al., for CDBG, CDBG-R and ARRA labor compliance and monitoring in conjunction with public works improvement projects. These projects included in-fill sidewalks, senior center improvements, street rehabilitation projects, and curb, gutter, and sidewalk improvement projects on an on-call basis.

Program Manager – Former Community Development Commission (re-named L. A. Community Development Authority) - County of Los Angeles
1983 - 1986
Responsibilities include providing assistance to cities, County departments, and community-based organizations in the development and implementation of community development projects; preparing and reviewing contracts and agreements; and monitoring projects and activities.

EDUCATION
B.S. Public Affairs/Public Administration
University of Southern California - Cum Laude

CITY OF MAYWOOD

PROFESSIONAL SERVICES AGREEMENT

1. PARTJESAND DATE.

This Agreement is made and entered into this 8th day of June, 2022 by and between the City of Maywood, a municipal organization organized under the laws of the State of California with its principal place of business at 4319 East Slauson A venue, Maywood, California 90270 ("City") and Diana Cho and Associates with its p1incipal place of business at 16716 E Rocky Knoll Road Hacienda Heights, CA 91745. ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. REClT ALS.

2.1 Consultant.

Consultant desires to perf onn and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Community Development Block Grant (CDBG) and Permanent Local Housing Allocation (PLHA) Administration Services to public clients, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such services for the CDBG and PLHA Administration Services Program, ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the CDBG and PLHA Administration Services for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incotporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2022 to June 30, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

Additionally, there shall be two (2) one-year options to renew the Agreement for FY 2025- 2026, and FY 2026-2027 with the mutual written consent of both parties. 1

3.2 Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of perfonning the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel perf 01ming the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their perfmmance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall perfonn the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "A" attached hereto and incorporated herein by reference.

Consultant represents that it has the professional and technical personnel required to perform the Services in confom1ance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated perfom1ance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perfonn and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perfo1m the Services in a manner acceptable to the City, or who are detennined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for perfonnance of this Agreement are as follows: Diana Cho.

3.2.5 City's Representative. 111e City hereby designates Jennifer Vasquez, City Manager, or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 2

3.2.6 Consultant's Representative. Consultant hereby designates, Diana Cho or his or her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactmy coordination of all portions of the Services under this Agreement. 3 .2. 7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, contractors and other staff at all reasonable times.

3.2.8 Standard of Care; Perf01mance of Employees. Consultant shall perf01m all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant wanants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, pe1mits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the te1m of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perf om1, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-contractors who is detennined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perfo1m the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and ha1mless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
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3.2.10 Insurance.

3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors.

Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage ( occurrence form CG 000 l ); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum Limits of lnsurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injmy and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease.
3 .2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub-contractors to procure and maintain, for a period of five (5) years following completion of the Project, e1rnrs and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability.

3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in 4

connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or bmrnwed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which aiise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of wa1rnnties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers.

3.2.10.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers.

3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.
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3.2.10.8 Verification of Coverage. Consultant shall furnish City with 01iginal certificates of insurance and endorsements effecting coverage required by this Agreement on fonns satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3 .2.11 Safety. Consultant shall execute and maintain its work so as to avoid injmy or damage to any person or prope1ty. In carrying out its Services, the Consultant shall at all tin1es be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instrnctions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and sb01ing, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.12 Water Quality Management and Compliance.

3.2.12.1 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rnles and regulations that may impact, or be implicated by the pe1formance of the Project or the Services including, without linlitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950}; the City's ordinances regulating discharges of st01m water; and any and all regulations, policies, or permits issued pursuant to any such authmity regulating the discharge of pollutants, as that term is used in the Pmter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.2.12.2 Liability for Non-compliance. Failure to comply with the laws, regulations and policies described in paragraph 3.2.12.l is a violation of law that may subject Consultant or City to penalties, fines, or additional regulatory requirements. Consultant hereby agrees to indemnify, hold harmless and defend (with counsel selected by the City) City, its officers, agents and employees from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Consultant's non-compliance with the laws, regulations and policies described in paragraph 3.2.12.1, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.

3.2.12.3 Training. In addition to the standard of care requirements set forth in paragraph 3.2.8, Consultant wa1rnnts that all employees and subcontractors shall have 6

sufficient skill and experience to pe1f orn1 the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3 .2.12.1.

Consultant further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.2.12.1 as they may relate to the Services provided under this Agreement. Upon request, City will provide Consultant with a list of training programs that meet the requirements of this paragraph.

3.2.12.4 Clean Air, Water Pollution Controls Acts. 111e Consultant agrees to comply with the Clean Air and Water Pollution Control Acts requirements as applicable in the pe1formance of this contract. [33 U.S.C. § 1251 et seq.]

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed Forty-five thousand and three hundred and twenty dollars. ($45,320) each year of the agreement without written approval of the City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thnty (30) days ofreceiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authmized in writing by City and based upon the approved rates of Los Angeles County Auditor-Controller.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is detennined by City to be necessary for the proper completion of the Project, but which the paities did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.

3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and l 770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailn1g wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being pe1f onned as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage 7

Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indenmify and hold the City, its elected officials, offic�rs, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6 Benefits. Consultant will not be eligible for any paid benefits for federal, social security, state workers' compensation, unemployment insurance, professional insurance, medical/dental, or fringe benefits offered to others by the City.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete, accurate and clearly identifiable records with respect to all costs and expenses inctmed under this Agreement. Consultant shall maintain all such records and make them accessible for audit or examination for a period of five (5) years after final payments are issued and other pending matters are closed. Consultant shall allow a representative of City during nom1al business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Te1mination of Agreement.

3.5.1.1 Grounds for Termination. This Agreement, or any pa1t thereof, may be terminated by mutual consent of the Parties in writing or by either Paity upon thirty (30) days written notice and delivery by certified mail or by personal delivery. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not tenninate this Agreement except for cause. City may terminate this Agreement, or any part thereof, without cause.

3.5.1.2 Effect ofTe1mination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the perf 01mance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3 .5 .1.3 Additional Services. In the event this Agreement is te1minated in whole or in pait as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 8

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective pa1ties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: Diana Cho and Associates
16716 E. Rocky Knoll Road
Hacienda Heights, CA, 91745
Attention: Diana Cho
City:

City of Maywood
4319 E. Slauson Avenue
Maywood, CA 90270
Attn: Jennifer Vasquez, City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the pa1ty at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or othe1wise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written infonnation, and other Documents and Data either created by or provided to Consultant in connection with the perfmmance of this Agreement shall be held confidential by Consultant.

Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has 9

become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall talce any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain ihe purposes of this Agreement.

3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, contractors and contractors arising out of or in connection with the perf mmance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultants shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incuned by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insmance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers.

3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both patties.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.10 City's Right to Employ Other Consultant. City reserves right to employ other consultants in connection with this Project.
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3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and auy assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as othe1wise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as othe1wise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or othe1wise.

3.5.16 No Third Paity Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.17 Invalidity; Severability. If any p01tion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the perfonnance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or �mployee of City, dming the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 11

3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal oppo1iunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines cunently in effect or hereinafter enacted.

3.5.20 Labor Ce1tification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Pa1ty warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Paity.

3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.23 PERS Eligibility Indemnity. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is dete1mined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold hannless City for payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, incluriing but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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3.7 Conflicts of Interest.

3.7.1. Disclosure and Compliance. Consultant agrees that any conflict or potential conflict of interest shall be full disclosed prior to execution of contract and Consultant shall comply with all applicable federal, sate and county laws and regulations governing conflict of interest in accordance with 24 CFR Part 84 Sec. 84.42.

3.7.2 The Consultant its agents and employees shall comply with all applicable Federal, State and County laws and regulations governing conflict of interest. The Contractor agrees to incorporate the language found in this section in contracts using CDBG funds and subject to compliance with conflict of interest Federal, State and County laws.

3.7.3 The general rule shall be that no person described in the Persons covered section below who exercises, or has exercised any function or responsibilities with respect to CDBG activities, or who is in a position to participate in a decision making process or gain inside information with regards to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract , or agreement with respect to a CDBG-assisted activity, or with respect to the proceeds of the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter.

3. 7.4 Persons covered - The conflict of interest provisions of this section shall apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the Contractor, or of any designated public agencies, or of any subrecipients that are receiving CDBG funds

3.7.5 The Consultant represents, warrants and agrees that to the best of its knowledge, it does not presently have, nor will it acquire during the te1m of this Contract, any interest direct or indirect, by contract, employment or otherwise, or as a partner, joint venture or shareholder (other than as a shareholder holding a one (1 %) percent or less interest in publicly traded companies) or affiliate with any business or business entity that has entered into any contract, subcontract or an-angement with the County or LACDA. Upon execution of this Contract and during its term, as appropriate, the Contractor shall, disclose in writing to the City any other contract or employment during the tenn of this Contract by any other persons, business or corporation in which employment will or may likely develop a conflict of interest between the County's and/or LACDA 's interest and the interests of the third parties. [2 CFRPatt 200.318(c)(l)(2)]

3.8 Po1itical Activity/Lobbying Certification.

3.8.1. Consultant may not conduct any activity, including any payment to any person, officer, or employee of any agency or member of Congress in connection with the 13

awarding of any federal contract, grant, or loan, intended to influence legislation, administrative rule-making or the election of candidates for public office during time compensated for under representation that such activity is being performed as a part of the contract responsibility.

3.9 County Lobby Certification.

3.9.1. It is understood that each person/entity/film who applies for a Community Development Commission contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code Chapter 2.160, (Los Angeles County Ordinance 93-0031) and; that all persons/entity/firms acting on behalf of the above named firm have and will comply with the County Code, and; that any person/entity/film who seeks a contract with the Los Angeles County Development Authority shall be disqualified there from and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named finn fails to comply with the provisions of the County Code.

4. Federal and County Contract Provisions

4.1 Executive Order 11246: The Consultant will not disc1iminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or temunation; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting fo1th the provisions of this nondiscrimination clause.

4.2 l11e Consultant will, in all solicitations or advancements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

4.3 The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation info1mation of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such info1mation, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, 14

proceeding, hearing, or action, including an investigation conducted by the employer, or 1s consistent with the Consultant's legal duty to furnish information.

4.4 The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the Consultant's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4.5 The Consultant will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

4.6 The Consultant will furnish all information and rep01ts required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will pennit access to his books, records, and accounts by the contracting agency and the Secreta1y of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

4.7 In the event of the Consultant's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rnle, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

4.8 The Consultant will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. [Amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684, EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230, EO 13665 of Ap1il 8, 2014, 79 FR 20749, EO 13672 ofJuly 21, 2014, 79 FR 42971] 15

with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications. It further provides that discrimination includes a failure to design and construct facilities for first occupancy after January 26, 1993 that are readily accessible to and usable by individuals with disabilities. Further, the ADA requires the removal of architectural barriers and communication barriers that are stmctural in nature in existing facilities, where such removal is readily achievable, easily accomplishable and able to be carried out without much difficulty or expense under this pait after December 11, 1995, and that meets the definition of residential structure as defined in 24 CFR Section 40.2.

6.0 Patent Rights and Copyrights.

6.1 TI1e Consultant agrees that results in any discovery, invention or copyrightable mateiial which may develop in the course of or under contract, the City reserves the right to royalty-free, non-exclusive and irrevocable license to use and to authorize others to use, the work for government purpose. [24 CFR Part 85.36(i)]

7.0 Energy Policy and Conservation Act.

7.1 The Consultant agrees to comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act and its requirements in the performance of this contract. [42 USC §6201 et seq.]

8.0 Awards to Parties on Federal Excluded Parties List (EPLS)

8.1 The Consultant affim1s that it is not on the Federal Excluded Parties List and agrees to comply with 2 CFR Part 200 - Appendix ll(A), which prohibits Federal funds as contract awards to any entity on the Federal Excluded Patties List maintained on www.sam.gov. [2 CFR Part 200 -Appendix II(A)]

9.0 Federal Byrd Anti-Lobbying Amendment
TI1e Consultant affirms that in the procurement and performance of this contract, it was and is in compliance with the Byrd Anti-Lobbying Amendment. [31 U.S.C. 1352]

10.0 Section 3 Requirements.

10.1 Low-Income Opportunities. The Consultant agrees that when new jobs or contracts are created as a result of the usage of certain HUD funds, piiority consideration is given, to the greatest extent feasible, to low- and very low-income persons residing in the community in which the fw1ds are spent and to businesses that provide economic opportunities for these persons. [24 CFR Part 135.38]

11.0 Adherence to County's Child Support Compliance Program. 17

11.1 The Consultant acknowledges that the County has established a goal of ensuring that all individuals who benefit financially from the County through contract are in compliance with their court-ordered child, family and spousal support obligations in order to mitigate the economic burden othe1wise imposed upon the County and its taxpayers.

As required by the County's Child Support Compliance Program (County Code Chapter

2.200) and without limiting the Operating Agency's duty under this Contract to comply with all applicable provisions of the law, the Operating Agency warrants that it is now in compliance and shall during the tem1 of this Contract maintain compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 USC Section 653a) and California Unemployment Insurance Code Section 1088.5, and shall implement all lawfully served Wage and Earnings Withholding Orders or District Attorney Notices of Wage and Earnings Assignment for Child or Spousal Support, pursuant to Code of Civil Procedure Section 706.031 and Family Code Section 5246(b ).

12.0 Consultant's Warranty of Compliance with County's Defaulted Property Tax Reduction Program

12.1 Consultant acknowledges that the County has established a goal of ensuring that all individuals and businesses that benefit financially from the County through contract are cun-ent in paying their personal and real property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers. Unless the Consultant qualifies for an exemption or exclusion, the Consultant warrants and certifies that to the best of its knowledge it is now in compliance, and dming the term of this Contract will maintain compliance, with the County's Defaulted Tax Program, found at Los Angeles County Ordinance No. 2009-0026 and codified at Los Angeles County code, Chapter 2.206.

13.0 Executive Order 11738-Environmental Debarments

13.1 The Consultant affirms that it does not have a conviction and/or Federal debaiment for an offense under section l 13(c)(l) of the Air Act or section 309(c) of the Water Act and agrees to comply with Federal Air Act and Water Act regulations and requirements. [38 FR25161, 3 CFR, 1971-1975 Comp., p. 799]

14.0 Other CDBG Requirements.

14.1 Consultant agrees to abide by all applicable federal laws and regulations applicable to projects involving CDBG funding.
[Signatures on Next Page]
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CITY OF MAYWOOD
By:

Heber Marquez, Mayor
Attest:

Andrea Aguilar, City Clerk
Approved as to Fann:

Roxanne Diaz, City Attorney
Diana Cho and Associates
By: __ J)j___,_-_Cl./\A..A __ �__;:_ __
Diana Cho
19

EXHIBIT" A"

SCOPE AND SCHEDULE OF SERVICES

Section 1. Firm Experience and Qualifications
Diana Cho will serve as the lead consultant for the City of Maywood's CDBG Program Administration services.

Diana Cho has served as a CDBG consultant since 1986. Currently, Diana Cho provides direct CDBG program management services for the Cities of Maywood, Diamond Bar, and Bell. In addition, Ms. Cho provides contract and labor compliance services for various cities on an as-needed basis.

Ms. Cho has provided CDBG administrative services and technical assistance for the Cities of Bell Gardens, Rancho Palos Verdes, El Segundo, Huntington Park, and Hawaiian Gardens. In addition, she has provided David-Bacon labor and contract compliance services for the Cities of South Pasadena and La Habra Heights.

As a CDBG consultant, Ms. Cho has prepared Program Guidelines, Annual Program Planning Summaries, the Statement of Community Development Objectives and Projected Use of Funds, Comprehensive Performance Reports, Contract/Subcontract Activity Reports, Request For Proposals and Qualifications (RFP'S AND RFQ's), and professional services agreements; provided labor compliance monitoring for a Commercial Business Revitalization Program; and monitored the expenditures and accounting of CDBG funds.

Additionally, Diana Cho has served as a sub-consultant to various engineering firms providing CDBG labor and contract compliance services and technical assistance for their clients. These services are provided on an on-call basis for CDBG-funded projects.

Ms. Cho was formerly a CDBG program manager for the Los Angeles County Community Development Commission (re-named as the Los Angeles County Development AuthorityLACDA) prior to becoming a consultant. Furthermore, Ms. Cho has worked in the Community Development Block Grant Program since 1978 as a Legislative Analyst for the City of Los Angeles and Program Manager for the County of Los Angeles prior to establishing her firm. Ms. Cho graduated from the University of Southern California with a Bachelor of Science in Public Affairs/ Public Administration with honors.

Section 2. Approach to Scope of Service
Diana Cho and Associates' primary goal is to operate successful and excellent CDBG Programs on behalf of our client cities. We have a detailed understanding of the LACDA requirements as well as the U. S. Department of Housing and Urban Development (HUD) CDBG program regulations. The firm maintains a consistent and open communication network with LACDA's program and financial teams and the cities' staff to ensure CDBG compliance every fiscal year.
1

We review LACDA's Grant Management Unit (GMU) Bulletins, receive CDBG-EDL messages directly from LACDA, participate in mandatory CDBG trainings, and attend quarterly Cities Highlights and Training (CHAT) Meetings to be pro-active for our client cities. Furthermore, Diana Cho and Associates are actively involved with LACDA monitors and city auditors during CDBG programmatic and financial audits.

Section 3. Proposed Scope of Services
Diana Cho and Associates will provide CDBG program consulting services for program administration, implementation and monitoring. The proposed CDBG services to be offered are as follows:

Consultants will provide technical assistance for the administration and implementation of the City's projects and activities.
• Prepare CDBG documents including contracts, agreements and amendments.
• Prepare public hearing notices for citizen input on the allocation of annual funds and/or any changes in the CDBG allocation of funds. • Prepare reports and resolutions for City Council review and approval of CDBG projects and activities.
• Prepare and submit Annual Program Planning Summaries indicating the projects and budgets for the CDBG Program to LACDA.
• Process CDBG Reimbursable Contract and Amendments.
• Prepare and complete LACDA reports and documents including the Quarterly Performance Report, labor standards report and Contract/Subcontract activity report.
• Keep City informed about current County and HUD requirements for the CDBG Program including historical preservation clearance, environmental impact review and procurement guidelines for services, supplies and equipment, if necessary.

Consultants will prepare the Agreements to Implement Projects including project descriptions and budgets.
• Complete and submit the Exhibit A Input documents which describe the CDBG project, funding amount, program beneficiaries and project location.
• Prepare and process amendments for on-going projects. Prepare public hearing notices for substantial changes in project descript;on and/ or funding levels.
2

Consultants will assist in the preparation of CDBG Funding Requests for each project.
• Review City's monthly financial expenditures and revenue reports, payment requests and invoices for CDBG services, supplies and equipment, if necessary.
• Assist with the preparation and submission of CDBG Funding Requests to the County each month.
• Monitor the drawdown of CDBG funds in order to comply with the LACDA/HUD performance goals.

Consultants will coordinate with staff and gather all necessary files and documentation for program monitoring and audit preparation. • Develop and maintain all necessary documentation for CDBG monitoring and Single Audit.
• Assist County and Federal CDBG monitors during program performance reviews, and City auditors during Single Audit.

Consultants will provide Davis-Bacon monitoring and contract compliance for CDBG-funded construction projects.
• Review construction contracts and bid specifications for compliance with Federal requirements to ensure that all appropriate forms are included in bid package.
• Submit construction bid document to LACDA prior to advertisement of bids.
• Verify contractor and subcontractor eligibility.
• Participate in preconstruction conferences as requested by the City. • Prepare and submit documents and reports required by the U.S.

Department
of Labor (DOL) and U.S. Department of Housing and Urban Development (HUD) for construction projects.
• Report any wage modifications, or other changes in requirements as they are issued.
• Review Weekly Certified Payroll Reports.
• Prepare and maintain labor and contract compliance files for LACDA and HUD monitoring.
• Review all construction contract files prior to project close-out.

Consultants will provide Section 3 monitoring and compliance for CDBG-funded construction projects.
• Review construction contracts and bid specifications to ensure that all Section 3 compliance forms are included in bid package. 3

• Provide technical assistance to City staff regarding the objectives and requirements of Section 3.
• Review documentation of actions taken to comply with Section 3. • Prepare annual Economic Opportunities for Low- and Very-Low Income Persons in Connection with Assisted Projects (Section 3 Performance) report.

Consultants will serve as City's liaison and representative to LACDA. • Coordinate program monitoring visits and audits.
• Prepare responses to LACDA correspondence and monitoring findings. • Submit inquiries for clarifications and determinations on behalf of the City.

Consultants will ensure compliance with all applicable Federal, State and local laws and policies.
• Keep updated copies of CDBG regulations and handbooks at City Hall. • Circulate CDBG information bulletins to City staff.
• Attend County and HUD seminars on program and regulatory changes.

Additionally, Cho and Associates will provide PLHA program consulting services for program administration, implementation and monitoring. The PLHA program is newly established and LACDA has not developed specific administrative requirements that are as detailed as the CDBG procedures for cities yet.

Based on the PLHA requirements for cities over the past year, the proposed PLHA services to be offered are as follows:
• Prepare reports and resolutions for City Council review and approval of PLHA projects and activities.
• Prepare PLHA documents including contracts, agreements and amendments.
• Prepare public hearing notices for citizen input on the allocation of annual funds and/or any changes in the PLHA allocation of funds. • Process PLHA Reimbursable Contract and Amendments.
• Prepare and complete LACDA reports and documents for the PLHA program.
• Prepare and submit PLHA funding requests to draw down funds allocated for the City.
• Keep City informed about current County and State Housing and Community Development (HCD) requirements for the CDBG Program. 4

EXHIBIT "B"

COMPENSATION

Section 5. Schedule of Fees
Cho and Associates will provide services in an amount not to exceed $45,320.

The fees for consulting services are inclusive of all normal business overhead and will be as follows:

Principal
Associates
S 88.00 per hour
$ 75.00 per hour
Diana Cho will serve as the lead consultant for providing CDBG and PLHA Administration Services. The consultant will work at least two day per week at City Hall offices.

Approximately eight to ten hours of consultant services will be provided each week.

Additional hours can be provided if requested by the City, and upon availability of other funds in the budget.

Consultants will provide any other technical assistance when required by City staff in the areas of project management and administrative assistance. 6

Section 6. Detail Cost Proposal

TASK RATE/ HOURS FEES
HOUR
A. Provide technical assistance for the $88 120 $10,560 administration and implementation
of the City's projects and activities.

B. Prepare the Agreements to $88 40 $3,520
Implement Projects including
proiect descriptions and budgets.

C. Preparation of CDBG Funding $88 120 $10,560
Requests for each project.

D. Coordinate with staff and gather all $88 60 $5,280
necessary files and documentation
for program monitoring and audit
preparation.

E. Provide Davis-Bacon and Section 3 $88 50 $4,400
monitoring, labor, and contract
compliance for CDBG-funded
construction projects.

F. Serve as City's liaison and $88 45 $3,960
representative to LACDA.

G. Ensure compliance with all $88 20 $1,760
applicable Federal, State and local
laws and policies.

H. Provide PLHA General Assistance. $88 60 $5,280
TOTAL 515 $45,320
7

EXHIBIT "C"

CERTIFICATIONS

Name of Firm:

Address:

Telephone:

Federal Lobbyist Certification
Diana Cho and Associates
16716 Rocky Knoll Road, Hacienda Heights, CA, 91745
626-374-2184
Date: 06/03/2022
Acting on behalf of the above named firm, as its Authorized Official, I make the following certification to the County of Los Angeles, to the Los Angeles County Development Authority (LACDA), and to (City of Maywood), the local contracting agency (LCA).
1) No Federal appropriated funds have been paid by or on behalf of the above named firm to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, loan or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof, and;
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the above named firm shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions, and;
3) The above name firm shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreement) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction w;;is made or entered into. Submission of this certification is a prerequisite for making or entering into the transaction imposed by Section 1352 Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Diana Cho
(Print Name of Firm's Authorized Representative) (Signature of Firm's Authorized Representative) Principal Consultant 06/03/2022
(Title) (Date)

Name of Firm:

Address:

Telephone:

County of Los Angeles
County Lobbyist Certification
Diana Cho and Associates
16716 Rocky Knoll Road, Hacienda Heights, CA, 91745
( 626 374 2184
Date: 06/03/2022
Acting on behalf of the above named firm, as its Authorized Official, I make the following certification to the (City of Maywood), as the local contracting agency (LCA), and to the Los Angeles County Development Authority (LACDA);
1) It is understood that each person, entity, or firm who applies for a Los Angeles County Development Authority funded contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code, Chapter 2.160 (Los Angeles County Ordinance 93-0031) and;
2) That all persons/entities/firms acting on behalf of the above named firm have and will comply with the County Code, and;
3) That any person, entity, or firm who seeks a contract with the (City of Maywood), and/or the Los Angeles County Development Authority shall be disqualified therefrom and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the named firm fails to comply with the provisions of the County Code.

This certification is material representation of facts upon which reliance was placed when this transaction was made or entered into.

Authorized Official:

Diana Cho
(Print Name of Firm's Authorized Representative) (Signature of Firm's Authorized Representative) Principal Consultant 06/03/2022
(Title) (Date)

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 10.

DATE: June 8, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: CLAUDIA ZAVALA, COMMUNITY SERVICES LIAISON
SUBJECT: DISCUSSION TO PROVIDE DIRECTION REGARDING CHRISTMAS LIGHT POLE

MOUNTED DECORATIONS AND AUTHORIZE THE CITY MANAGER TO PROCEED

WITH PROCUREMENT OF THE DECORATIONS INCLUDING THE EXECUTION OF

AN AGREEMENT WITH THE SELECTED VENDOR
RECOMMENDATION:

Staff recommends that the City Council provide direction regarding the Christmas light pole-mounted decorations and authorize the City Manager to proceed with procuring the decorations, including the execution of any agreements or purchase orders in the amount set forth in the staff report for the selected vendor.

BACKGROUND:

On May 11, 2022, City Council directed staff to move forward with the purchase of the 14’ panel Christmas tree. The council also directed staff to research garland decoration for light poles on Atlantic Boulevard; which would match those used by the City of Bell. The council also directed staff to research and provide the following:
 cost estimates for pole-mounted lighted wreaths and snowflakes to be used on Slauson Avenue;  cost estimates for holiday banners to be used on every other light pole on Slauson Avenue;  cost estimate for light pole power converters and installation; and  cost estimate to mount banners and lights to poles
DISCUSSION:

Staff reviewed quotes for a total of one-hundred and eighty-seven (187) light poles on Atlantic Boulevard and Slauson Avenue. Atlantic Boulevard has a total of fifty-seven (57) light poles and Slauson Avenue has a total of one-hundred and thirty (130) light poles. The total cost is as follows:

Light Pole Mount Decorations
Garland and Bows
 The lowest estimated cost for a 22’ Garland with LED C7 warm white lights is $373.53 each; there is a total of fifty-seven (57) street poles on Atlantic Boulevard.$373.53 x 57 light poles = $21,291.21

 The lowest estimated cost for the 24” Red Bows (two per light pole) is $83.16 $83.16 each x 114 = $9,480.24
 Total for Garland with LED C7 lights and two (2) bows = $30,771.45 Wreaths/Snowflakes
 Winterfest Snowflake $523.60
$523.60 x 65 light poles (every other pole on Slauson) = $34,034  Wreaths $544.39 each
$544.39 x 65 light poles (every other pole on Slauson) = $35,385.35 Banners
 Holiday banners (30” x 94”) $96
$96 (each) x 65 light poles (every other pole on Slauson) = $6,240There are three (3) designs to choose from; attached are pictures of the designs for Council discussion.

Light Pole Converters
As proposed above, the City would need to purchase one hundred and twenty-two (122) light pole converters at $269 each $269 x 122 light poles = $32,818
Installation of converters could be contracted with the City's existing street/signal light contractor, Crosstown Electrical & Data under the current contracted hourly rate for a technician and a bucket truck. It will take about half an hour (1/2) per converter installation.

The contractor's hourly rate is $132 per hour. The estimated cost is between $8,000 - $9,000 to install. $32,818 + $9,000 = $41,818
LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

Pending the options selected by the City Council, the funding source will be identified in Fund 01 - General Fund, Department 648 - Public Works / 02000 - Community Development, account GL-6000 Projects.

ATTACHMENT(S)

1. 6.8.2022- LIght Pole Decor 2

C I T Y O F B E L L
Light Pole Decor
22' GARLAND WITH LED C7 LIGHTS & 24" RED 2
LOOP BOW $462.69 EACH

C I T Y O F M A Y W O O D
20' GARLAND WITH LED MINI LIGHTS & TWO 24"
RED BOWS TOTAL $599.00

W R E A T H
Light Pole Decor
COST FOR SNOWFLAKE FOR A TOTAL OF SIXTYFIVE (65) LIGHT POLES (EVERY OTHER POLE) WINTERFEST SNOWFLAKE ORIGINALLY $680
WITH A 23% DISCOUNT = $523.60
= $34,034

S N O W F L A K E

COST FOR THE WREATH FOR A TOTAL OF
SIXTY-FIVE (65) LIGHT POLES (EVERY OTHER POLE)
WREATH ORIGINALLY $707
23% DISCOUNT = $544.39 EACH
= $35,385.35

Light Pole Banner
30" X 94" BANNERS
$96.00 EACH QUANTITY - 65
AMOUNT $6,240

HAPPY HOLIDAYS WISHES SPARKILING BANNER VINYL

HAPPY HOLIDAYS FESTIVE
BELL

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 11.

DATE: June 8, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: ANTHONY RAINEY, INTERIM DIRECTOR OF FINANCE
SUBJECT: FISCAL YEAR 2022/2023 BUDGET REVIEW
RECOMMENDATION:

Receive and consider the Fiscal Year 2022-2023 PrELIMINARY Budget and direct staff regarding any revisions
BACKGROUND:

Annually, staff provides a report to the City Council which provides an overview of the City’s General Fund, expectations for the upcoming fiscal year (FY 2022-2023), and to obtain the City Council’s input on priorities they would like to see in the budget. The major components of the budget include the following:

A. General Fund – Maywood’s fiscal year runs from July 1st to June 30th. The General Fund is a source for discretionary spending and funds many of the basic city services, such as public safety, community services, and public works. The major revenue sources for this fund are sales taxes, property taxes, franchise fees, business license fees, unrestricted revenues from the state, fines and forfeitures, and interest income.

A1. General Fund Revenue Categories and FY 2022/23 Projections - The composition of revenues for the City’s General Fund are categorized into eight revenue types:

1 – Taxes
2 – Charges for Services
3 – Fines and Forfeitures
4 – Licenses and Permits
5 – Leases and Concessions
6 – Miscellaneous
7 – Retiree Pension Levy
8 – Transfers In

Finance and the City Manager assessed the current trends of FY 2021/2022 and took a conservative approach in projecting General Fund revenues for FY 2022/2023 that included the following factors:

A1.1 Sales Tax is at the current rate of 9.5% and is levied on all retail goods sold within City limits and is collected and distributed by the State Board of Equalization as follows:
 State General Fund 7.5%;
 Los Angeles County Special District Tax 1.0% and
 point of sale (Maywood) 1.0%.

Sales taxes are nearly 17% of the total General Fund revenues. Sales tax projections for FY 22-23 are expected to decline in part because consumers are carefully assessing their purchases of local goods and services with the advent of Covid-19 and the rise in the rate of inflation in the Los Angeles area.

A1.1 Cannabis Sales Tax revenue is collected from businesses conducting cannabis business within the city. It makes up roughly 22% of total General Fund revenues. However, Los Angeles County is experiencing growth in businesses within the cannabis industry that are now located in nearby cities, offering consumers more local choices. We are forecasting a decline reflected in Table 2 for this Fiscal Year and the next Fiscal Year.

A1.3 Property Tax is an "ad valorem” tax on real property, based upon the value of the property. In accordance with Proposition 13, secured property is taxed at the rate of one percent of assessed valuation, plus a rate sufficient to generate revenue necessary to pay for voter-approved indebtedness. This revenue is about 18% of the total General Fund revenues. While property tax revenues are higher than projected in this Fiscal Year’s budget, we anticipate a slight increase.

A1.4 Vehicle License Fees (also called VLF) vehicles are assessed a vehicle license fee (.65% of value), in lieu of property tax, based on the
purchase price/value when acquired and funds go to cities and counties. VLF makes up approximately 26% of the General Fund revenues. We project only a very slight increase from the current Fiscal Year.

A1.5 Utility User Tax (UUT) is taxed at a rate of 4% residential and 7% commercial and is levied on telephone, gas, electric, water, and cable television bills. The tax rate was approved by the voters in the May 2004 municipal election. It is forecasted to increase by $100,000. Some of the factors influencing the UUT projection includes influential factors such as:
o A1.5.1 There are fewer citizens with landlines. There is greater competition in the cellular market and “entry costs” to switch from a landline to a mobile device makes it a better option for a lot of our citizens.

o A1.5.2 Electricity, water, and natural gas rates are increasing.

o A1.5.3 Cable television is plateauing regarding “new” subscribers.

A1.6 Transient Occupancy Tax (TOT) is taxed at a rate of 5% is collected from the operators of hotels and motels located within Maywood City limits. The tax is imposed on guests who are temporary users of City services while occupying a room in a lodging facility located in the City. It is forecasted to remain the same. There seems to be a slow recovery by the Traveler Accommodation industry from COVID-19.

A1.7 Business License Tax is an amount of money paid by an individual or business to the city for

the privilege of performing a certain service or engaging in a specific line of business. This revenue is forecasted to remain the same.

A1.8 Utility Franchise Fees are fees assessed on the bills of customers of private companies, not usually customers of cooperatives or city-owned utilities. Typically, a franchise fee recoups the cost of the utility companies' use of public space –– also called public “right-of-way” –– for energy infrastructure such as power lines or gas pipelines. This is forecasted to remain steady. Most franchise fees are received late in the fiscal year.

A1.9 Licenses and Permits are charged by the City to cover the costs of regulating various activities. This includes building permit fees, which are required for the construction of most structures. In addition, the City charges fees for business permits, and public works permits. They are forecasted to increase due to the enforcement and follow-up by the City to require proper licensing and permitting. Staff will continue to monitor the status of upcoming projects to determine if they are still likely to generate additional revenue in Fiscal Year 2021-2022.

A.1.10 Fines and Forfeitures are revenues derived from penalties charged for violations of California law and City ordinances. Included in this category are court and California Department of Motor vehicles (D.M.V.) fines; business license penalties; and parking and code enforcement citations. They are forecasted to increase as the City’s Parking Enforcement efforts enhance the safety of the community by patrolling City streets and parking lots and responding to reports from residents. They also identify stolen, abandoned, inoperative, and unregistered vehicles on public streets.

A1.11 Charges for Services are charges for specific services that the City provides. The forecast anticipates an increase as management and the requirement for Plan Check Fees have been greatly enhanced and revenues have exceeded original estimates.

B. Special Revenue Funds account for the proceeds of specific revenue sources, other than major capital projects or expendable trust funds that are legally restricted to expenditures for specific purposes. The City utilizes several revenue sources (Gas Tax, Proposition A, Proposition C, Measure R, Measure M, Senate Bill 1 (SB 1), Community Development Block Grant (CDBG), Air Quality Management District (AQMD) Grant, Supplemental Law Enforcement Services Fund (SLESF) Grant, Measure A, Lighting & Landscaping Assessment, Successor Agency Trust Fund - City of Maywood serves as the Successor Agency to the Maywood Redevelopment Agency, Sewer Fund, Grant/Reimbursement , Local Fiscal Recovery Fund, and Measure W.

DISCUSSION:

For discussion purposes attached are a number of revenue tables to review projected revenues and proposed revenues for the fiscal year 2022/2023. Proposed expenditures are included in attached Table 5.

LEGAL REVIEW:

The City Attorney has reviewed this item.

FISCAL IMPACT:

F.Y. 20-21 Impact: Current F.Y. Budget:

Fund Impacted: Budget adjustment requested:

Source of funds: Updated Account Budget:

Account Number: For fiscal year:

ATTACHMENT(S)

1. TABLE 1 - GENERAL FUND REVENUE COMPARISONS FY 20 21 THRU 22 23

2. TABLE 2 - SUMMARY OF COMPOSITION OF GENERAL FUND

3. TABLE 3 - SUMMARY OF CHANGES IN GENERAL FUND REVENUES BY $ & % - FY 22 23

4. TABLE 4 - ESTIMATED SUMMARY OF REVENUE EXPENDTURE AND CHANGES IN FUND BALANCE -FY 22 23

5. TABLE 5 - GENERAL FUND DETAILED PRELIMIARY EXPENDITURES - FY 22 23

FY 20/21
Actuals
FY 21/22
Adopted Budget
FY21/22
Estimated
Closing
FY22/23
Preliminary
Budget

GENERAL FUND
Taxes $ 7,439,384 9,073,651 $ 6,783,983 $ 6,489,500 $
Charges for Services 84,000 84,000 98,538 103,000
Fines & Forfeitures 267,500 146,358 494,116 495,000
Licenses & Permits 3,802,648 3,742,537 3,920,407 3,991,831 Leases & Concessions 39,345 42,855 52,300 50,000
Miscellaneous 73,500 471,573 44,100 34,700
Retiree Pension Levy 1,158,911 1,248,820 1,195,736 1,208,812 Transfers In - - -
Total General Fund 14,809,796 $ 12,865,288 $ 12,589,180 $ 12,372,843 $ Table 1
City of Maywood
Comparative Summary of Revenues
General Fund Summary
Fiscal Years 2020/2021 through 2022-23
Taxes
61%
Charges for Services
1%
Fines & Forfeitures
1%
Licenses & Permits
25%
Leases & Concessions
0%
Miscellaneous
3%
Retiree Pension Levy… Transfers In
0%
Taxes Charges for Services Fines & Forfeitures Licenses & Permits Leases & Concessions Miscellaneous Retiree Pension Levy Transfers In

FY 20/21 Actuals FY 21/22 Adopted
Budget
FY21/22
Estimated
Actuals
FY22/23
Proposed
Budget

GENERAL FUND
Taxes
Franchise & Collectors Fee $ 480,117 $ 325,000 $ 326,320 $ 360,000 Property Taxes 763,895 778,480 947,035 949,500
Utility User Tax 1,118,937 900,000 1,002,195 1,000,000
Transfer Tax (Real Estate) 23,270 20,000 21,547 20,000
Transient Occupancy Tax 77,468 60,000 61,906 60,000
Cannabis Sales Tax 4,140,841 3,000,000 2,329,695 2,000,000 Sales Tax Revenue 2,469,124 2,355,904 2,095,284 2,100,000 Taxes Total $ 7,439,384 9,073,651 $ 6,783,983 $ 6,489,500 $ Charges For Services
All Other Charges For Services $ - $ - $ 69 $ -
Rubbish Assessment 25,000 15,000 4,988 7,000
Plan Check Fees 35,000 45,000 67,682 70,000
Rents and Concessions 24,000 24,000 25,799 26,000
Charges For Services Total $ 84,000 84,000 $ 98,538 $ 103,000 $ Fines & Forfeitures
Penalties: Apt & Bus Licenses 4,952 $ 2,500 $ - $ - $
Administrative Citation 95,724 15,000 85,956 85,000
SEMC: Court Collections (DMV) 5,485 100,000 0 0
Parking Citations 40,197 150,000 408,160 410,000
Fines & Forfeitures Total $ 267,500 146,358 $ 494,116 $ 495,000 $ Licenses & Permits
Compliance Progam Fee $ 45,000 $ 45,000 $ 45,000
Residential & Building Permits 19,621 29,500 12,274 13,261 Public Works Permit Fees 156,193 50,000 159,327 160,000 Temporary Parking Permits - - - -
Other Fees and Permits 24,964 27,100 26,896 26,246
Occupancy Permits 20,877 13,000 14,454 15,000
Building Permits 53,811 60,000 70,321 72,000
Cannabis - - - 0
Compliance and Review Fees - Cannabis 14,960 105,000 89,100 87,000 Parking Permits 14,121 90,000 57,839 66,500
Apartment License 18,624 20,000 18,471 15,000
Business License 284,709 190,000 205,324 205,324
Vehicle License Fee-LA County 3,134,656 3,173,048 3,221,402 3,300,000 Licenses & Permits Total $ 3,802,648 3,742,537 $ 3,920,407 $ 4,005,331 $ Leases & Concessions
Antenna Rent T-Mobile - $ - $ - $ - $
Vending Machine Revenue 512 - - -
Leased City Property Revenue 42,344 39,345 52,300 50,000 Leases & Concessions Total $ 39,345 42,855 $ 52,300 $ 50,000 $ Miscellaneous
Interest Income $ 43,268 $ 16,500 $ - $ -
Miscellaneous Revenues 413,452 17,000 18,900 -
Good Corporate Citizen Program 40,000 20,000 20,000
Rebates & Insurance Claim Pyaments 7,736 - - -
Other (Recycle + ABx1 Reimbursement) 7,117 - 5,200 1,200 Street Fair Revenue - - - -
Trade of Prop A Funds - - - -
Miscellaneous Total $ 73,500 471,573 $ 44,100 $ 21,200 $ Retiree Pension Levy
Retiree Pension Levy $ 1,248,820 $ 1,158,911 $ 1,195,736 $ 1,208,812 Retiree Pension Levy Total $ 1,248,820 $ 1,158,911 $ 1,195,736 $ 1,208,812 Transfers In
Transfers In $ - $ - $ - $ -
Transfers In Total $ - $ - $ - $ -
Total General Fund 14,809,796 $ 12,865,288 $ 12, $ 12,372,843 589,180 $ Table 2
Cityof Maywood
Summary of the Composition of General Fund Revenues
Fiscal Year 2022-2023