Agenda packet — Maywood City Council, October 12, 2022 (part 2 of 2)

12501.0001/2481937.1

1. A statement of the nature of the investment or interest;

2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property;

4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported4, the statement shall contain:

1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;

3. A description of the consideration, if any, for which the income was received;

4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported5, the statement shall contain:

1. The name, address, and a general description of the business activity of the business entity;

2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
4 A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency.
5 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

Page 168 of 286 ends

12501.0001/2481937.1
(D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $5006. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $5007in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control. 6 The annual gift limit amount will increase to $520 on January 1, 2021. 7 This amount shall be increased to $520 on January 1, 2021 through December 31, 2022.

Page 169 of 286 ends

12501.0001/2481937.1
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.

This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual.
(E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate for elective office.

2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.

4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan.

Page 170 of 286 ends

12501.0001/2481937.1
(B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:

1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months. (B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

Page 171 of 286 ends

12501.0001/2481937.1

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
(9) Section 9. Disqualification.

No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made.

The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or

Page 172 of 286 ends

12501.0001/2481937.1
(B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.

This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.

Note: Authority cited: Section 83112, Government Code. Reference: Sections 82019 and 87200- 87210, Government Code.

Page 173 of 286 ends

12501.0001/2481937.1

APPENDIX A
Designated Position Disclosure Categories
City Council Member 1
City Manager 1
City Clerk 2, 3, 4, 5
Deputy City Clerk 2, 3, 4, 5
City Attorney 1
Assistant City Attorney 2, 3, 4, 5
City Treasurer 1
Finance Director 2, 3, 4, 5
Director of Building and Planning 2, 3, 4, 5
Planning Commissioners 1
City Engineer 2, 3, 4, 5
Consultant 6
Code Compliance/Enforcement Officer 2, 3, 4, 5
Parking Enforcement Officer I/II 2, 3, 4, 5
Building Inspector 2, 3, 4, 5

Page 174 of 286 ends

12501.0001/2481937.1

APPENDIX B

DISCLOSURE CATEGORIES

1. Disclosure is required on FPPC Form 700 pursuant to Government Code Section 87200.

No additional disclosure is required by this Conflict of Interest Code.

2. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B).

3. Reportable income, loans and business positions. (FPPC Form 700, Schedule C.)

4. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2).

5. Reportable gifts and travel payments, advances and reimbursements. (FPPC Form 700, Schedules D and E).

6. For consultants who serve in a staff capacity with the City, the consultant shall disclose based on the disclosure categories assigned elsewhere in this Conflict of Interest Code for that staff position. For consultants who do not serve in a staff capacity for the City, the following disclosure categories shall be used:

Persons required to disclose in this category shall disclose pursuant to categories A, B, C and D below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in categories A, B, C and D. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

A. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B.) B. Reportable income, loans and business positions. (FPPC Form 700, Schedule C.) C. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2.) D. Reportable gifts and travel payments, advances and reimbursements. (FPPC Form 700, Schedules D and E).

Page 175 of 286 ends

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 6.

DATE: October 12, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: MIGUEL LEON, ADMINISTRATIVE ANALYST
SUBJECT: RECEIVE AND FILE THE LA COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT

MEASURE A TECHNICAL ASSISTANCE PROGRAM (TAP) MASTER AGREEMENT RECOMMENDATION:

It is recommended that the City Council affirm the execution by the City Manager and receive and file the master agreement for the LA County Measure A Technical Assistance Program in the amount of $285,000 for the use of professional services on an eligible project to be determined by the City Council at a later date.

BACKGROUND:

The Los Angeles County Regional Park and Open Space District (RPOSD) is responsible for implementing and administering the Los Angeles County Safe, Clean Neighborhood Parks and Beaches Measure of 2016 (Measure A). Los Angeles County voters approved Measure A, authorizing dedicated local funding for the park, recreation, and open space projects and their maintenance through an annual special tax on real property in the County. Measure A makes funding available to eligible applicants for projects that repair and upgrade parks and recreational facilities; create new parks; preserve and protect open spaces and beaches; support recreational programming.

On September 14, 2022, the Master Agreement for Technical Assistance was executed to access TAP (Technical Assistance Program) funds for eligible City proposed projects including community outreach, planning, design, grant writing, project, and project and construction management. With voter-approved funding from Measure A the LA County Safe, Clean Neighborhood Parks and Beaches Measure of 2016, RPOSD established TAP to assist agencies and organizations develop eligible park projects and help communities create multi-benefit park projects and programs throughout L.A. County.

DISCUSSION:

Measure A specifically sets aside technical assistance funds to be allocated periodically for High and Very High Need areas, as defined by the 2016 Park Needs Assessment. RPOSD created the Technical Assistance Program (TAP) to assist with the expenditure of these funds. The City of Maywood has been identified as a Very High Need area. The goal of TAP is to achieve park and open space equity by supporting the development of TAP requests that result in the development of new parks, improved access, or increased park acreage in communities that have been identified as “High-Need” or “Very-High-Need” according to the Los Angeles Countywide Comprehensive Parks and Recreation Needs Assessment.

RPOSD developed TAP to help ensure that eligible agencies can access funding and successfully compete for

Page 176 of 286 ends

existing Measure A competitive grant programs or other funding opportunities including local, state, federal, and private funding, so long as a nexus to Measure A exists.

The execution of the Measure A Technical Assistance Program (TAP) Master Agreement between the City of Maywood and RPOSD allows accessing TAP funds for eligible projects, and is in effect for five years, with the option to renew for an additional five years unless terminated. The City of Maywood was awarded a total of $285,000 to provide professional services for Measure A projects.

Examples of technical assistance projects which may be funded by the 2022 allocations include:
 To explore the feasibility of acquiring new land for park use, exploring the feasibility of securing land or land access through a long-term joint-use agreement with public or private bodies  To conduct planning and feasibility studies including land inventories for future land acquisition for new parks and open space
 To complete components of a real estate transaction resulting in the acquisition of park land.

Staff recommends that City Council receive and file the executed Measure A Technical Assistance Program Master Agreement in the amount of $285,000 for the future use of professional services for Measure A projects.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

There is no fiscal impact associated with receiving and filing this Measure A Technical Assistance Program Master Agreement. The $285,000 RPOSD TAP grant was not allocated as part of the FY 2022-23 budget since the award was not made at the time of the budget preparation. The $285,000 grant will be reflected in the FY 2022-23 midyear budget.

F.Y. 22-22 Impact: $285,000 Current F.Y. Budget: $0.0
Fund Impacted: 272 Measure A Parks Fund Budget adjustment requested: NA Source of funds:REVENUE: Los Angeles County Regional
Park and Open Space District (RPOSD) CITY FUND
ACCOUNT: 221 - Proposition A Transit Fund
Updated Account Budget: NA
Account Number: $285,000 within expenditure General
Ledger Accounts will be specified during the
MidYear Budget.

For fiscal year:

ATTACHMENT(S)

1. City of Maywood (TMA) TAP Master Agreement

Page 177 of 286 ends

PARTIES TO AGREEMENT
RPOSD: GRANTEE:

Los Angeles County
Regional Park and Open Space District
1000 South Fremont Avenue, Unit #40
Building A-9 East, Ground Floor
Alhambra, CA 91803

RECITALS
The Grantee (“Grantee”) and the Los Angeles County Regional Park and Open Space District (“RPOSD”) do hereby enter into this Agreement and under the terms and conditions of this Agreement. Grantee agrees to complete TAP Services as described in any future Notice(s) to Proceed (“NTP”) issued by RPOSD, acting through the Director of the County of Los Angeles Department of Parks and Recreation and pursuant to Measure A.

DEFINITIONS
Indirect/Overhead Costs – Indirect/Overhead costs are costs not usually identified specifically with the grant, contract, or activity, but are necessary for the general operation of the grantee/organization.

NTP (Notice to Proceed) – The formal notification issued by RPOSD that directs the Grantee to immediately, or as of the date contained in the notice to begin work on the Project.

NTP Budget - Budget submitted by Grantee which provides the cost of the TAP Services being provided.

NTP Completion Date – The date TAP Services will be completed according to the approved timeline submitted by the Qualified Vendor.

Qualified Vendor – Parkland development consultants and service providers included on RPOSD’s TAP Qualified Vendor list.

TAP Services – Technical Assistance Program services provided by a Qualified Vendor through a NTP process.

City of Maywood 4319 E. Slauson Maywood, CA 90270 Page 178 of 286

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016 GRA
Revised: 7/7/2022 HOA.103558285.1
Article 1: TAP Services
The Grantee shall provide all necessary and qualified personnel, equipment, material, and facilities to complete TAP Services as described in the NTP(s) and incorporated by reference herein.

TAP Services provided under this Agreement will be performed by Qualified Vendors through an NTP and the Grantee shall submit to RPOSD the names, description of work to be performed, contract amount, executed contract agreement and certificate of insurance of the Qualified Vendor that the Grantee contracts with.

Article 2: Term of Agreement
The term of this Agreement begins when it is fully executed (“Effective Date”). The term of the agreement shall remain in effect for five years from the effective date unless renewed, terminated or cancelled by either party as provided in Article 3: Option to Renew and Article 11:

Early Termination, Suspension, and Failure to Perform, below.

Article 3: Option to Renew
Provided that Grantee is not, and at no time has been, in default during the Term under any of the terms, conditions, and provisions of this Agreement, then Grantee shall have the option to renew this Agreement, for one five (5) year option period, provided that, in order to exercise this Option to Renew (Option), Grantee is required to give to RPOSD written notice thereof not less than three (3) months prior to the date of expiration of this Agreement.

Article 4: NTP Performance Period
The NTP performance period for each NTP shall be the period of time starting on the date of NTP execution and ending on the performance period end date as defined in the NTP. NTP costs must be incurred within the NTP Performance Period to be eligible for reimbursement.

Article 5: Counterparts and Electronic Signatures
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. The facsimile, email or electronic signature of the parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals.

RPOSD and Grantee hereby agree to regard electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on the Amendments and received via communications facilities (facsimile, email or electronic signature), as legally

Page 179 of 286 ends

Article 6: Compensation
Grantee will not be entitled to any payment by RPOSD under this Agreement except pursuant to a validly executed NTP. Grant funds will be disbursed in accordance with the NTP Budget defined in the NTP(s), subject to the provisions of this Agreement. Grantee will use the grant funds solely for the purposes described in this Agreement, the resultant NTP and detailed in RPOSD’s approved electronic GMS application. Grantee may not combine or carryover funds remaining in one NTP to another. Grantee understands that grant funds are not a gift and agrees that RPOSD is granting funds for Grantee to complete the work outlined in the NTP.

Article 7: Overhead or Indirect Costs
Grantee’s overhead or indirect costs are not reimbursable.

Article 8: Expenditure of Funds and Allocation of Funds Between Budget Items The total grant amount of any future NTP(s) may not be increased. The Grantee shall expend funds consistent with the approved NTP Budget. Any revisions to the NTP Budget that attempts to shift funds from approved budget items into a different category, must be identified in a revised budget within RPOSD’s grants management system and approved in advance by RPOSD.

RPOSD may withhold payment for items which exceed the amount allocated in the NTP budget which have not received the approval required herein. Any RPOSD approved increase in the funding for any budgeted item shall result in a corresponding decrease in the funding for one or more other budgeted items.

Article 9: Project Costs and Reimbursements
RPOSD shall reimburse to the Grantee, in accordance with the approved NTP Budget, a total amount not to exceed the amount of the NTP, as follows:

RPOSD shall reimburse funds for eligible costs incurred to date, up to 90% of the grant amount, upon the Grantee’s satisfactory progress under the NTP and upon submission of an electronic claim form, which shall be submitted no more frequently than monthly. RPOSD shall disburse the final 10% held in retention, upon the Grantee’s satisfactory completion of the TAP Services, submission of required documentation and upon RPOSD’s acceptance of the project. Project costs must be incurred within the NTP Performance Period to be eligible for reimbursement.

The Grantee shall request reimbursements by submitting a claim to RPOSD through the GMS and complete all forms and requirements of the claim process. RPOSD will only reimburse for

Page 180 of 286 ends

An authorized representative of the Grantee shall sign the claim. Each claim form shall be accompanied by:

1. All receipts and any other source documents for direct expenditures and costs that the Grantee seeks reimbursement for;

2. Invoices from Qualified Vendor(s) that the Grantee engaged to complete any portion of the work funded under this Agreement and any invoices and any other source documents for costs incurred and expenditures by any such Qualified Vendor(s), unless RPOSD makes a specific exemption in writing; and

3. A supporting progress report summarizing the current status of the work and comparing it to the status required by the NTP (budget, timeline, tasks, etc.), including written substantiation of completion of the portion of the project for which the Grantee is requesting reimbursement, as requested by RPOSD.

RPOSD, in its sole discretion, may deny reimbursement requests that do not comply with the any requirements, including failure to submit a signed payment request or attaching supporting documents.

Article 10: Advancing of Funds
The Grantee may request an advance of grant funds for an amount equaling up to 20% of the grant amount. Grantees must setup a separate fund or account for RPOSD funds approved for advance payment. RPOSD funds must be deposited into an interest-bearing account insured by the FDIC. All interest earned belongs to RPOSD and must be returned to RPOSD prior to final payment. Please refer to the Grant Administration Manual for eligibility and qualification requirements to receive advances.

Grantee shall submit proof of expenditures using advanced funds. The grantee must use or return all advanced funds before requesting for reimbursement of additional expenses from the grant award. Only one request for advance funds, at the initiation of the grant, will be allowed per grant. In addition, Grantee shall return advanced funds paid to Grantee that RPOSD, in its sole discretion, deems ineligible.

Article 11: NTP Completion
The Grantee shall complete the TAP Services by the NTP Completion date provided in the GMS.

Upon completion of the NTP the Grantee shall provide RPOSD with evidence of completion by submitting:

Page 181 of 286 ends

1. All Deliverables specified in the NTP, each in a format(s) approved by RPOSD (for example, paper, digital, photographic);

2. Electronic submission of final payment request; and

3. Letter of Completion.

Article 12: Early Termination, Suspension, and Failure to Perform If there are no pending incomplete NTP Projects, either party may terminate this Agreement for any reason by providing the other party with a minimum of thirty (30) days written notice.

If there are pending incomplete NTP Projects, RPOSD may terminate or suspend this Agreement for any reason by providing the Grantee with written notice. Upon receipt of such notice, Grantee shall immediately cause all work under the Agreement to stop and take all reasonable measures to prevent incurring further costs. RPOSD may reimburse eligible, reasonable and non-cancelable obligations incurred by the Grantee in the performance of this Agreement prior to the date of the notice to terminate or suspend, but only up to the undisbursed balance of grant funding authorized in this Agreement and only if Grantee is in compliance with all terms and conditions of this Agreement and any outstanding NTPs. Any notice suspending NTP’s under this Agreement shall remain in effect until written notice from RPOSD authorizes the NTP to resume.

If there are pending incomplete NTP Projects, Grantee may terminate this Agreement for any reason by providing RPOSD with a thirty (30) day notice in writing and repayment to RPOSD of all amounts disbursed by RPOSD for any pending and incomplete NTP(s) issued under this Agreement.

On or before the date of termination of the Agreement under this section, whether terminated by the Grantee or RPOSD, the Grantee shall provide RPOSD with all work, material, data, information, and written, graphic or other work produced, developed or acquired that was to be delivered under this Agreement (whether completed or partial), in appropriate, readily useable form.

Grantee expressly agrees to waive, release and relinquish the recovery of any consequential damages that may arise out of the termination or suspension of this Agreement under this section.

RPOSD is not responsible for any obligations of Grantee that may be impacted by termination of this Agreement, including contracts with Qualified Vendors.

Page 182 of 286 ends

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016 GRA
Revised: 7/7/2022 HOA.103558285.1
Article 13: Severability
If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable.

Article 14: Copyright and Work Products
Grantee may copyright protect original works developed under this Agreement. All such copyrighted works will be in the name of the Grantee. Grantee grants to RPOSD an irrevocable and royalty-free right and license to use, reproduce, prepare derivative works, distribute copies, and perform and display publicly any copyrighted material developed and/or delivered under this Grant.

Article 15: Liability Insurance
Prior to starting any Work, Grantee shall (a) secure and continuously carry insurance meeting the requirements set forth and acknowledged in RPOSD’s electronic GMS application for this grant, and (b) provide RPOSD with evidence of such insurance. Grantee agrees to promptly provide evidence of insurance required under this Section at any time during the term of the Agreement upon request by RPOSD or a third party engaged by RPOSD to manage and administer the insurance requirements under this Section. Grantee shall also require its subcontractors to adhere to these insurance requirements.

Article 16: Indemnification and Hold Harmless
Grantee shall indemnify, defend and hold harmless RPOSD, its officers, employees, and agents from and against any and all liability to any third party for or from loss, damage or injury to persons or property in any manner arising out of, or incident to, the performance of this Agreement or the planning, arranging, implementing, sponsoring or conducting of Projects or any other operation, maintenance or activity by the Grantee. Grantee agrees to defend and indemnify RPOSD, its officers, employees, and agents from all costs and expenses, including attorney’s fees, in any action or liability arising under this Agreement or the planning, arranging, implementing, sponsoring or conducting of Projects or any other operation, maintenance or activity by the Grantee.

RPOSD shall have no liability for any debts, liabilities, deficits or cost overruns of the Grantee.

Grantee and RPOSD agree that the liability of RPOSD hereunder shall be limited to the payment of the funds pursuant to the terms and conditions of this Agreement. Any contracts entered into, or other obligations or liabilities incurred by, the Grantee in connection with any Project or otherwise relating to this Agreement shall be the sole responsibility of the Grantee, and RPOSD shall have no obligation or liability whatsoever thereunder or with respect thereto.

Page 183 of 286 ends

Article 17: Amendments
As provided herein, no amendment (including without limitation, deletions) of any of the terms or conditions of the Agreement will be effective unless provided in writing signed by all parties.

It is the responsibility of the Grantee to ensure that any person who signs an amendment on its behalf is duly authorized to do so, and such signature shall be binding to RPOSD. No oral understanding or agreement not incorporated in this agreement shall be binding on any of the parties.

Article 18: Compliance with Laws
Grantee shall at all times comply with all applicable federal, state and local laws, statutes, rules, regulations and ordinances. This Agreement is governed by the laws of the State of California, and the parties agree that the enforcement of the Agreement, and the resolution of any disputes arising out of or related to the subject matter of the Agreement, shall be resolved by arbitration conducted by a private arbitration service under the laws of the State of California.

Article 19: Notices
All notices permitted or required to be given under this Agreement shall be in writing and shall be deemed given: (i) if entered and/or uploaded to RPOSD’s electronic GMS system; (ii) if delivered by courier, on receipt by the intended recipient or on the date of delivery (as confirmed by, if delivered by courier, the records of such courier); (iii) if mailed, on the date of delivery as shown by the return receipt; (iv) if by email, on the date officially recorded as delivered, according to return receipt or other record of delivery. Notices shall be addressed to the RPOSD Grants Officer assigned to this grant in the grants management system.

Article 20: Audits, Accounting, Records
Grantee agrees to maintain satisfactory financial accounts, documents and records for each NTP issued under this Agreement and to make them available to RPOSD for auditing at reasonable times. Grantee also agrees to retain such financial accounts, documents and records for a minimum of five (5) years following each NTP termination or completion.

Grantee and RPOSD agree that during regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this Agreement or matters related thereto.

Grantee agrees to maintain, and make available for RPOSD inspection, accurate records of all its costs, reimbursements and receipts with respect to its activities under this Agreement.

Page 184 of 286 ends

At any time during the term of this Agreement or at any time within five years after the expiration or prior termination of this Agreement, authorized representatives of RPOSD may conduct an audit of Grantee for the purpose of verifying appropriateness and validity of expenditures that Grantee has submitted to RPOSD for reimbursement under the terms of this Agreement.

Grantee, within thirty (30) days of notification that an audit has resulted in the exception of expenditures, may dispute the audit findings in writing to RPOSD and provide RPOSD with records and/or documentation to support the expenditure claims. RPOSD shall review this documentation and make a final determination as to the validity of the expenditures.

If Grantee has received all grant monies prior to the audit, or if remaining grant monies are insufficient, and if said audit reveals expenditures that cannot be verified or that were paid in violation of the terms of this Agreement, the Measure or the Measure A Grants Administration Manual, Grantee shall pay RPOSD an amount equal to these expenditures within sixty (60) days after receiving written notification of the expenditures disallowed and the reason for the disallowance.

Article 21: Computer Software
The Grantee certifies that it has instituted and will employ systems and controls appropriate to ensure that, in the performance of this Agreement, RPOSD funds will not be used for the acquisition, operation or maintenance of computer software in violation of copyright laws.

Article 22: Nondiscrimination
During the performance of this Agreement, the Grantee shall not discriminate against any person on the basis of race, color, sex, sexual orientation, age, religious belief, national origin, marital status, physical or mental handicap, medical condition, or place of residence.

Article 23: Independent Capacity
The Grantee, and the agents and employees of the Grantee, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of RPOSD.

Article 24: Assignment
Grantee shall not assign, exchange, transfer, or delegate its rights or duties under this Agreement, whether in whole or in part, without the prior written consent of RPOSD, in its discretion.

Page 185 of 286 ends

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016 GRA
Revised: 7/7/2022 HOA.103558285.1
Article 25: Good Standing
Good Standing is when an agency or organization is in compliance with all requirements stated in the guidelines, policies, and procedures of RPOSD for both Proposition A and Measure A. Good Standing is required of Grantees to receive any grant funds and processing of claims from RPOSD.

Article 26: Timeliness
Time is of the essence in this agreement.

Article 27: Authorization Warranty
Grantee represents and warrants that the person executing this Agreement for Grantee is an authorized agent who has actual authority to bind Grantee to each and every term, and condition, and obligation of this Agreement and that all requirements of the Grantee have been fulfilled to provide such actual authority.

Article 28: Conflict of Interest
No RPOSD employee whose position with RPOSD enables such employee to influence the award of this Agreement or any subsequent NTP, and no spouse or economic dependent of such employee, shall be employed in any capacity by Grantee or have any other direct or indirect financial interest in this Agreement. No officer or employee of Grantee who may financially benefit from the performance of work hereunder shall in any way participate in RPOSD's approval, or ongoing evaluation, of such work, or in any way attempt to unlawfully influence RPOSD's approval or ongoing evaluation of such work.

Grantee shall comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. Grantee warrants that it is not now aware of any facts that create a conflict of interest. If Grantee hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to RPOSD. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this Article 27 shall be a material breach of this Agreement.

Page 186 of 286 ends

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016 GRA
Revised: 7/7/2022 HOA.103558285.1
Article 29: Validity
If any provision of this Agreement or the application thereof to any person or circumstance is held invalid, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby.

Article 30: Waiver
No waiver by RPOSD of any breach of any provision of this Agreement shall constitute a waiver of any other breach or of such provision. Failure of RPOSD to enforce at any time, or from time to time, any provision of this Agreement shall not be construed as a waiver thereof. The rights and remedies set forth in this Article shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.

Page 187 of 286 ends

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016 GRA
Revised: 7/7/2022 HOA.103558285.1
IN WITNESS WHEREOF, Grantee and RPOSD have caused this Agreement to be executed by their duly authorized representatives as of the latter day, month and year written below.

GRANTEE:

By: ________________________________
Signature of Authorized Representative
Name: ______________________________

Title: _______________________________
Date: _______________________________

LOS ANGELES COUNTY
REGIONAL PARK AND OPEN SPACE DISTRICT:

By:________________________________
Director / Administrator
Date:______________________________
Agreement No.______________
TMA
Christina Angeles (Sep 12, 2022 11:41 PDT)
Christina Angeles
Sep 12, 2022
Jennifer E. Vasquez (Sep 14, 2022 17:14 PDT)
Jennifer E. Vasquez
Jennifer E. Vasquez City Manager Sep 14, 2022

Page 188 of 286 ends

NOTICE TO PROCEED

REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD)
AGREEMENT NO. (ENTER NUMBER)
(ENTER NAME OF TAP SERVICES)
Your application for Technical Assistance Program funds for the above TAP Services has been approved subject to the terms and conditions of Agreement No. (Enter Number) dated (Enter Date). This Notice to Proceed (NTP) covers the work listed in the attached Bid from Consultant dated (Enter Date).

TAP services shall be completed by (Enter Date here) for a not-to-exceed fee of (Enter Amount), including related reimbursable expenses as specified. Any work exceeding these fees will require prior written authorization from RPOSD.

Please ensure that Agreement No. (Enter Number) appears on your invoices when billing RPOSD. If you have any questions regarding this NTP, please contact (Enter Contact) at (626) 588-XXXX or (Enter Email Address). Please coordinate with (Enter coordinate name) at (Enter Email Address) to initiate work on this NTP.

Sincerely,
Name of RPOSD Rep
Rep’s Title

Page 189 of 286 ends

Measure A Technical Assistance Program
Master Agreement
Final Audit Report 2022-09-15
Created: 2022-09-09
By: Stephanie Valdez ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAJmchPIp7THazg-GtKKww7bT9Vz9v2uS7 "Measure A Technical Assistance Program Master Agreement" History
Document created by Stephanie Valdez ([email protected]) 2022-09-09 - 1:11:41 AM GMT- IP address: 209.160.244.86 Document emailed to Christina Angeles ([email protected]) for signature 2022-09-09 - 1:12:32 AM GMT
Document emailed to [email protected] for signature 2022-09-09 - 1:12:32 AM GMT
Email viewed by Christina Angeles ([email protected]) 2022-09-12 - 6:41:36 PM GMT- IP address: 173.196.252.147 Document e-signed by Christina Angeles ([email protected]) Signature Date: 2022-09-12 - 6:41:44 PM GMT - Time Source: server- IP address: 173.196.252.147 Email viewed by [email protected]
2022-09-15 - 0:12:22 AM GMT- IP address: 12.150.134.74
Signer [email protected] entered name at signing as Jennifer E. Vasquez 2022-09-15 - 0:14:02 AM GMT- IP address: 12.150.134.74
Document e-signed by Jennifer E. Vasquez ([email protected]) Signature Date: 2022-09-15 - 0:14:04 AM GMT - Time Source: server- IP address: 12.150.134.74 Agreement completed.
2022-09-15 - 0:14:04 AM GMT

Page 190 of 286 ends

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 7.

DATE: October 12, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: MIGUEL LEON, ADMINISTRATIVE ANALYST
SUBJECT: AWARD OF CONTRACT IN THE AMOUNT NOT-TO-EXCEED $134,310 FOR

ENTERPRISE ARCHITECTURAL REVIEW AND INFORMATION TECHNOLOGY

SUPPORT SERVICES TO ADVANCED MICROCOMPUTING CONCEPTS (AMC)

MODERN IT FOR A THREE YEAR TERM
RECOMMENDATION:

Staff recommends that the City Council award the attached contract to Advanced Microcomputing Concepts (AMC) Modern IT, for the City of Maywood Enterprise Architectural Review and Information Technology Support Services, for the amount not-to-exceed $134,310 for a three-year term.

BACKGROUND:

On August 11, 2022, the City issued a Request for Proposals (RFP) for an Enterprise Architectural Review and Information Technology (IT) Support Services. The purpose of this Request for Proposals (RFP) was to select the most qualified Consultant to provide an independent comprehensive both an Enterprise Architecture Review as well as the provision of Information Technology Support Services for the City.

The City sought to obtain an Enterprise Architectural (EA) Review to design, implement, and maintain a framework to recommend a common approach for the City’s integration of strategic, business and technology management through its “enterprise “architecture” (hardware; applications; infrastructure like supporting voice, data, video and mobile components; security; and data). The City also sought to improve current (IT) Support Services for operating, managing and maintaining the City’s computer network and systems hardware, software, and network connectivity services under a Professional Services Agreement. The City received three proposals by September 8, 2022, and by the 4:00 pm deadline. Staff have reviewed the proposals and determined that Advance Microcomputing Concepts (AMC) meets the needs of the City.

The City’s existing contract for information technology support services will expire on October 31, 2022.

DISCUSSION:

At the September 08, 2022, deadline, three proposals were received for the Enterprise Architectural Review and Information Technology Support Services, and the results of the proposals are summarized as follows:

Page 191 of 286 ends

Firm Name Monthly Rate Annual Cost

1. Advanced Microcomputing Concepts (AMC) Modern IT $3,630 $43,560

2. LKMB Technologies $7,220 $86,640

3. HB Computers $7,660 $91,200
Staff thoroughly reviewed the proposals and found that Advanced Microcomputing Concepts (AMC) Modern IT submitted the lowest bid, fulfilling the specifications and providing optimal (IT) services defined by the current and evolving needs of the City. Based upon the AMC Modern IT proposal, the agency displays an understanding of supporting the City's (IT) needs in areas such as the help desk and support, modernization process, comprehensive monitoring, and the City's wireless network and security. AMC Modern IT demonstrates a clear understanding of the City's requirements to support essential services on account of relying heavily on technology, its (IT) infrastructure, cyber security, and the conditions and functionality of our network systems that have become ever-more necessary.

AMC Modern IT presents comprehensive standards and methods and has a history of assisting various organizations, which include municipalities in Southern California and private-sector and non-profit sector organizations like the Southern California Golf Association (SCGA), Rust-Oleum, Eastman Music company and the California Interscholastic Federation (CIF) Southern Section. Therefore, staff is recommending that the City enter into the agreement with AMC Modern IT for the following services called for in the RFP:
o Task 1: Assessing the "As Is" current technology environment of the City of Maywood. o Task 2: Providing "End User Services" (EUS) such as desktop support, on-premise or cloud server administration services, network administration services, and network security services as further described in the RFP.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

The costs associated with this agreement will not exceed a) $43,560.00 annually for information technology support services and b) $3,630 for a one-time, flat fee for the enterprise architectural review totaling a) + b) = $47,190 for the first year. The total cost for a three-year contract for the enterprise architectural review and information technology support services is $134,310.00. Taking the Annual Information Technology Support Service of $47,190 and dividing it by 12 months, yields a monthly rate of $3,630 per month. As services will commence from October 2022 through June 2023, equaling 9 months. 8 months times $3,630 equals $32,670 plus an additional $3,630 for the AMC Modernization Process (Task 1 in the Discussion section of this Agenda Item) equals $36,300.

F.Y. 23-23 Impact: $32,670 Current F.Y. Budget:

Fund Impacted: 100 - General Budget adjustment requested:

Source of funds: 410- Administration Updated Account Budget:

Account Number: 6502 - Information Technology
Hardware / Equipment
For fiscal year:

Page 192 of 286 ends

ATTACHMENT(S)

1. RFP Bid Opening Sheet - Enterprise Architectural Review and Information Technology Support Services

2. AMC Modern IT (Proposal) - Enterprise Architectural Review and Information Technology Support Services

3. Professional Services Agreement - AMC Modern IT

Page 193 of 286 ends

Page 194 of 286 ends

RFP Response
Enterprise
Architecture
Assessment and
Technology Support
Services
City of Maywood
City Clerk’s Office
Attention: Shirly Quinones
4319 Slauson Avenue
Maywood, CA 90270

Page 195 of 286 ends

1 | P a g e
RFP for Enterprise Architectural Review and IT Support Services City of Maywood
City Clerk’s Office
Attention: Shirly Quinones
4319 Slauson Avenue
Maywood, CA 90270
To Whom it May Concern:

AMC Modern IT is excited to submit a proposal in response to the City of Maywood RFP for Enterprise Architectural Review and Information Technology Support Services.

After reviewing all elements of the RFP, the services requested in this proposal are exactly where our competencies lie, and we would welcome the opportunity to work with the City to meet and exceed the needs identified in the request for proposal.

Although we have a team approach to creating the successful outcomes identified in the RFP, it will by my privilege to serve as the primary point of contact for the City of Maywood on behalf of our organization.

Sincerely,
Anthony Chiappetta
CEO
2100 Arrow Hwy
La Verne, Ca 91750
[email protected]
909.592.0224

Page 196 of 286 ends

2 | P a g e
RFP for Enterprise Architectural Review and IT Support Services

CONTENTS
Experience and Qualifications .......................................................................................................................................3 I. Company Information and Qualifications ........................................................................................................3 III. References....................................................................................................................................................5 City of South El Monte...........................................................................................................................................5 City of Covina.........................................................................................................................................................5 California Custom Fruits and Flavors (CCFF)..........................................................................................................6 IV. Qualifications of Staff .......................................................................................................................................6 The Modern IT Manager – Matthew Maranan......................................................................................................6 The AMC Director of Operations – Marissa Chiappetta ........................................................................................7 V. Organizational Chart..............................................................................................................................................7 VI. Proof of Required Licenses...........................................................................................................................7 Approach to Scope Services ..........................................................................................................................................7 Cost Proposal...............................................................................................................................................................13 Acceptance of Conditions............................................................................................................................................15

Page 197 of 286 ends

3 | P a g e
RFP for Enterprise Architectural Review and IT Support Services

EXPERIENCE AND QUALIFICATIONS
I. COMPANY INFORMATION AND QUALIFICATIONS
For over 20 Years (since 2002), AMC Modern IT has been providing IT services to organizations with headquarters in Southern California and remote offices throughout the world.

AMC Modern IT delivers identical services to those requested in this RFP to 50 clients.

AMC Modern IT has 3 public sector clients and leads a peer group with 7 other City IT Managers in the San Gabriel Valley. The purpose of the group is to leverage the knowledge and experience of fellow IT professionals that work in municipalities to deal with increase security risks while making more efficient use of annual budgets.

AMC is located in La Verne, Ca and has over 35 full time employees.

Our organizational structure is based on the following 6 delivery areas where team members are dedicated to the roles outlined in each of the 6 boxes of the following image. Each delivery areas has process, metrics and is positioned with the capacity necessary to provide the services detailed under this RFP from the first day at the start of the work.

Page 198 of 286 ends

4 | P a g e
RFP for Enterprise Architectural Review and IT Support Services AMC is a Microsoft Gold Partner and Tier One Cloud Services Partner – the highest designation a Cloud Services Partner can achieve. This designation requires months of undergoing a rigorous audit and interviewing process with Microsoft. As such we have a direct relationship with Microsoft and the highest level of direct support available.

AMC team members all have a career path with Microsoft Certification paths tied to their promotions. We have over 30 certified staff members ranging from Microsoft Teams Adoption Specializations to Microsoft Enterprise Architects. Detailed certifications of each employee are available upon request in a manner that keeps their personal identifiable information both respected and confidential.

Page 199 of 286 ends

5 | P a g e
RFP for Enterprise Architectural Review and IT Support Services AMC has great people, amazing technology, solid company culture and adherence to client centric core values, but the reason the company is positioned to be successful in both the assessment phase and the ongoing support services phase of this RFP is because of its process or what we call The Modernization Process.

The Modernization Process is our methodology for providing Enterprise Architectural Reviews and IT Support Services for all of our clients. It is a proven framework and guarantees successful outcomes for the services outlined in this RFP.

III. REFERENCES

CITY OF SOUTH EL MONTE
AMC is proud to provide the City of South El Monte with Managed IT Services. They are similar to the City of Maywood in size of staff (they have 80 users) and number of locations.

Some of the work we have performed during our tenure:
- Currently Implementing Modern IT Services using Microsoft Government Cloud - Consolidated servers from 16 to 4
o Working to have zero servers onsite in the next year
- Designed and implemented Wireless network that covers all City Buildings and Parks - Replaced City phone system and network without any out of pocket expense while reducing monthly costs
- Provide immediate and timely support for staff 24x7
o They came from a traditional managed services model that had an IT person onsite once per week with backup helpdesk and weren’t getting the level of support they were hoping to achieve Contact Information for the City of South El Monte:

Rene Salas - City Manager - 626.579.6540 [email protected] We provide 100% of IT management, strategy and budget for the City of South El Monte along with CJIS compliant cloud based disaster recovery for all servers.

CITY OF COVINA
As part of our efforts in municipalities, we work with local City IT Managers to collaborate. Because of the City of Covina’s current Managed IT service model and agreement with their current vendor, there is no process for ongoing strategy and budget development. As such, we have helped them develop strategies for their managed printer and telecommunications strategies.

Contact information for the City of Covina:

Angel Carrillo – Assistant to City Manager – (626) 384-5410 – [email protected]

Page 200 of 286 ends

6 | P a g e
RFP for Enterprise Architectural Review and IT Support Services

CALIFORNIA CUSTOM FRUITS AND FLAVORS (CCFF)
CCFF is a highly regarded manufacturing firm in the city of Irwindale with a staff of approximately 150 users and a network consisting of over 120 managed endpoints. CCFF operations demand highly available systems and 24/7 support for the multiple shifts of staff that operate around the clock. CCFF leverages AMC’s Modern IT Services to outsource all of its Information Technology Management and Support. The scope of the relationship requires AMC to create a strategy for and manage all technical elements of the organization, which include, but are not limited to:
- Manage VMWare Virtualized Environment with Redundant iSCSI Network Infrastructure and Storage Area Networks (SANs)
- Migrate Server Infrastructure to Azure Enterprise Cloud - Security Awareness Training to continuously educate staff on how to protect themselves and the company
- VoIP and Telecom Services Management
- Disaster Recovery Preparation Planning and Maintaining Currently, a rolling 5-year budget is in place for all capital expenditures and AMC is 100% responsible to manage and maintain an IT budget of over $3 million.

Contact Information for CCFF:

Jason Kim-Rastello - Director of Operations - 626.384.4688 – [email protected] AMC provides 100% of the IT management, strategy and support for CCFF along with Microsoft Enterprise Cloud and Security services.

IV. QUALIFICATIONS OF STAFF
We have resumes available upon request as there are multiple people fulfilling different (but clearly defined) roles, but here is a summary of two primary team members that be working for the City:

THE MODERN IT MANAGER – MATTHEW MARANAN
Matt has a well-rounded set of experience: he has worked directly for Municipalities as Internal IT Staff in the past, most recently at the City of Glendora as part of their internal IT team. Matthew understands the “People Impact” of IT in a City, along with the fiscal impact of each IT decision. He can discuss complex topics in plain English and build meaningful strategies with clients as a result.

Matthew would work with the other areas of the Modern IT Team to be heavily involved in the project of onboarding the City of Maywood to the AMC Managed IT Services program as well as the Modernization Process that would achieve the results requested as part of the Enterprise Architecture Review and strategy implementation.

Page 201 of 286 ends

7 | P a g e
RFP for Enterprise Architectural Review and IT Support Services THE AMC DIRECTOR OF OPERATIONS – MARISSA CHIAPPETTA
Marissa initially began professional career as a teacher with the Charter Oak School District nearly 20 years ago. She utilizes her multiple degrees in Economics and Counseling Psychology to improve the processes, efficiencies, and team management of two Fortune 500 companies.

Marissa manages all technical resources at AMC for the best client experience and most efficient outcome.

V. ORGANIZATIONAL CHART
In an effort to protect the confidentiality of our people and intellectual property, we will gladly provide this in private as part of an interview or other more personalized discussion. Each delivery areas has multiple people in the roles and success is not tied to or dictated by a single team member.

This team approach is accomplished by our process for documentation. Our documentation is standardized so that no client data or information is the tribal knowledge of an individual, instead it is blended across our departments using or proprietary documentation framework and systems.

VI. PROOF OF REQUIRED LICENSES
The company shall furnish all necessary proof of insurance and licenses as requested by the City.

APPROACH TO SCOPE SERVICES
The first 30 days will consist of multiple AMC personnel onsite as we perform a complete discovery of the City of Maywood’s IT Environment, Vendors, and Contracts. We call this the ‘Modernization Process’ it results in a thorough Enterprise Architectural Review and is what allows us to create a comprehensive strategy for each item requested in the City’s RFP and more.

The process is part of our Onboarding and it is how we start our engagement and begins our IT Support Services.

We find that most organizations have many different vendors for different IT services. These individual vendors provide ‘islands’ of point solutions in IT the each have their own set of requirements, training and do not always integrate and work well with each other.

Page 202 of 286 ends

8 | P a g e
RFP for Enterprise Architectural Review and IT Support Services

Page 203 of 286 ends

9 | P a g e
RFP for Enterprise Architectural Review and IT Support Services

Page 204 of 286 ends

10 | P a g e
RFP for Enterprise Architectural Review and IT Support Services

Page 205 of 286 ends

11 | P a g e
RFP for Enterprise Architectural Review and IT Support Services The AMC Modernization Process consists of these 8 components:

1. The Modern IT Cloud Strategy

2. The Modern IT Helpdesk

3. The Cloud Security System

4. The Cloud Management System

5. The Secure Onboard/Offboard Process

6. The Modern Team Enablement

7. The Technology Strategist

8. Cloud Services powered by the Microsoft Cloud
The Modern IT Strategy

1. Complete discovery of both the organization and how it uses technology – we look in every nook and cranny of your environment and typically find stuff that you don’t even know is there! This discovery allows us to create the perfect plan for both execution AND communication.

2. Remove as many servers (virtual/physical/onsite/offsite) as possible from your system.

3. If you have servers hosting email and files – move them to the cloud.

4. If you have Windows apps that are not web-based – move them to the cloud (it is not hard).

5. If you have a hodge-podge of cloud services – consolidate them under a single cloud system.

6. Move your phone system to the cloud as soon as possible.

7. Update your local area network: your ISP router, firewall, switch and wireless access points older than 5 years.

8. Replace your computers older than 5 years, preferably laptops for business continuity planning.

9. Update all of your computers to the latest build of Windows 10, preferably the Enterprise edition.

10. Update Microsoft Office to the latest version.

11. Setup connect/sync/copy controls for all computers, devices and apps accessing company data.

12. Setup compliance controls for computers, devices and apps requiring a baseline security standard prior to permitting connect/copy/sync access to company data.

13. Manage company data so it doesn't leave when an employee leaves on their personal devices.

14. Quickly and continuously update your team’s skills in an exciting and fun way to drive collaboration, efficiency and innovation – as they don’t know what they don’t know until learn.

15. Reduce emails, meetings, and stress, increase uninterrupted focus time, team collaboration and job satisfaction.

The Modern IT Helpdesk: smart support to get your users unstuck and enlightened

1. Unlimited IT on all users, on all their computers, mobile devices, mobile apps, web apps, phones (if applicable) connecting into our cloud services 365 days a year.

2. When a reboot or a quick Google search won’t solve a computer problem, give all your users the ability to call computer experts who do this work all day long.

3. Stop inefficient work by having users slowly trying to solve computer problems themselves for which they have no training or little experience.

4. Stop a single computer issue from dragging two employees when one calls the other to fix a problem.

5. Give your users access to trained/certified/experienced computer support resources than can show them better more efficient way to do things – in addition to solving their computer problem.

6. Free up your full-time in-house IT professionals to work on higher-value business projects instead of constant distraction of helpdesk issues.

7. Increase security by reducing the number of internal employees that have administrative access to IT systems.

Page 206 of 286 ends

12 | P a g e
RFP for Enterprise Architectural Review and IT Support Services The Cloud Management System: your system is talking to you, are you listening?

1. Cloud services throw off hundreds of alerts monthly and must be monitored and reviewed with ticketed process to prevent unexpected changes which can negatively impact users and create unplanned work.

2. Cloud services require logging into many different portal dashboards (similar to logging into individual servers) and must be reviewed on a ticketed routine basis with a checklist template for each client every month.

3. Cloud service portal dashboards to manage: service health or degradation alerts, plan for changes alerts, prevent and fix alerts, device compliance failure alerts, device configuration failure alerts.

4. Dashboards are NEVER green across the board – they always have issues to tend to.

5. Alerts that simply fire off emails are useless and only create noise.

6. Experienced alert management means critical/meaningful alerts are converted to tickets and reviewed and remediated while noisy alerts are ignored.

7. Cloud service management is a two ticket process: one cloud engineer reviews the portal dashboards for items that need action and closes the ticket, while another cloud engineer remediates the issues.

The Cloud Security System: keeping your data secure, protected, private and under your control.

1. Cloud security systems are extremely advanced, have lots of options and toggles, and create lots of warning and alerts.

2. Cloud security systems must be methodically monitored and reviewed in a ticketed process to prevent or remediate security breaches which can hurt your business.

3. Many different portal dashboards must be reviewed on a routine basis with a checklist template for each client every month.

4. Cloud security services to manage: identity threat alerts, suspicious device threat alerts, suspicious device or user access alerts, suspicious data access threat alerts, device compliance failure alerts, unusual copy/delete/sharing alerts.

5. Not all alerts can be automatically turned into ticket - some systems need to be manually reviewed.

6. One cloud engineer runs the checklist review process ticket, and one cloud engineers remediate the issues.

7. Enabling and managing multi-factor authentication for all users.

8. Enabling Windows Enterprise OS upgrade if licensed to reduce dependence firewalls, antivirus, spam filters and protect that computer properly no matter where it goes.

The Secure Onboard/Offboard Process: impress new hire and keep data secure.

1. Ticketed checklist template process to smartly and securely setup new employees on a new or existing computer, with the apps they need, connected to the system they need, but only to what they need, and an orientation and training to get them working productively straight away.

2. Ticketed checklist template process to securely turn off employee's access to company IT resources and ensure no data stays with the employee on any personal devices.

The Modern Team Enablement ™: technology tools without training means little will change.

1. Updating technology tools without updating user technology skills is meaningless.

2. Your users don’t know what they don’t know – let’s change that.

3. Fun and exciting “quick-hit”/”a-ha” short video sequences to quickly increase the user's technology skills.

4. Every few short videos, uses must pass a short quiz to make sure they weren’t spacing out.

5. Users earn badges based on how much of the system they use, not based on videos they watch.

6. Uses are ranked on a scoreboard based on points.

7. Training managers easily identify who is taking training seriously and who needs a nag.

8. Increased skills mean increased confidence, smarter work and increased collaboration.

9. Modern collaboration increases innovation and creates a better product for customers.

Page 207 of 286 ends

13 | P a g e
RFP for Enterprise Architectural Review and IT Support Services The Business Technology Strategist: is IT leadership in your business strategy meetings?

1. Unlimited Virtual Chief Technology Officer for your business.

2. Meet with your leadership team at least annually.

3. Understand dangers that must be eliminated, opportunities that must be captured, strengths that must be maximized and how to align your business technology with your business goals.

Cloud Services powered by The Microsoft Cloud: the business technology leader.

1. The technology power behind the AMC Modern IT Solution is the Microsoft Cloud.

2. Microsoft is the #1 technology company and modern IT platform for businesses and municipalities in the world.

3. AMC enjoys a direct and privileged relationship with Microsoft as a Tier 1 cloud solutions partner.

4. All AMC engineers are required to pass a heavy sequence of training and certifications around Microsoft cloud technology.

As we achieve the above modernization, the City will operate on a reliable, secure, scalable foundation.

When the City is running securely and reliably, it will not be spending it’s time dealing with issues, downtime or security responses.

This creates the space needed for the City to then turn its attention to improving efficiency with the staff and City applications. This is where the promise of Microsoft Robotic Process Automation and PowerBI Dashboard development which will allow the City to do more for it’s residents without increasing headcount by:
- Automating processes and tasks to reduce mundane, error prone work - Creating dashboards to turn City data into information that allows it to make better decisions By adopting the above frameworks to improve the productivity of staff, the City will save on average 4-9 hours per person, per week.

We welcome the opportunity to discuss interactively if afforded the opportunity to interview.

COST PROPOSAL
We operate only in flat fees to make our pricing model as predictable as possible.

AMC is pleased to propose a monthly flat rate of $165 per user to cover all day to day IT Management and Support related services for the City of Maywood.

Based on 22 users at $165 per month, the flat fee, not to exceed budget is $3,630 monthly or $43,560 annually.

Additionally, a flat fee equivalent to one month of service is requested for the AMC Modernization Process ($3,630) so we may satisfy all aspect of the Enterprise Architectural Review noted in the RFP and prepare a detailed proposal for the City based on the many specifics of the City’s needs.

Note: A user is deemed as any employee, elected official, intern or contractor who utilizes a City owned or leased microcomputer and/or has a City email address.

Page 208 of 286 ends

14 | P a g e
RFP for Enterprise Architectural Review and IT Support Services The per user, flat rate above is based upon a minimum of 22 users and additional users can be added as necessary at a rate of $165 per month. This flat rate incorporates all proactive management and support activity associated with day to day operations, THERE ARE NO ADDITIONAL CHARGES FOR ANY AFTERHOURS OR OTHERWISE NECESSARY LABOR, unless it is agreed upon in the strategic budget.

This flat rate includes:
• Unlimited 24/7 Onsite and Remote Reactive Support by an entire team of IT professionals • A full day per month of proactive service visits
• Unlimited management of daily disaster recovery and network monitoring/alerting tasks • Quarterly and ad-hoc as desired Strategic IT Meetings with the City Department Heads The benefit of a flat fee, user-based pricing model is many fold:
• City Staff can easily forecast the IT budget as they know how many staff members are on payroll • A staff member can have multiple machines, laptops, workstations, phones and they are all supported without a need to adjust the agreement or services (saving on hard costs and the high administrative overhead of agreement component and pricing audits) • Public use machines such as the library workstations or units in the police vehicles are included without having to incorporate additional charges
• An unlimited number of servers and other network devices (such as firewalls, SANs, Wireless Devices) can be supported and added without impacting monthly IT Management and Support costs to the City
Labor costs associated with the strategic budget will be in the form of flat fee projects associated with capital expenditures. These projects are required to be agreed upon via the strategic IT Budget that we will help the City of Maywood create. This budget will be built as a rolling 3-5 year plan and will be presented by the Strategist for discussion as part of the regularly scheduled Strategic Quarterly Meeting with City Staff. During these meetings, the Modern IT Manager will explain the status of any technology or policy that is outside of best practice.

Based on risk to the organization, if it makes sense for the City to align themselves into a best practice we add the agreed upon amount into the budget during a time frame that is desirable. Until that time, AMC Modern IT absorbs all technology related risks associated with the environment and will cover the City of Maywood with all labor necessary to support the IT environment as part of the flat monthly amount.

The Managed Services Onboarding project will require the effort of several staff members to be onsite for a minimum of one month. During this time, we will work to get ahead of reactive support by documenting the environment, comparing the environment against our ‘400+ point assessment’ process, and performing the work to align the City to all tasks that are considered simple changes. Because of the labor-intensive nature of the onboarding process, there is a charge equivalent to 1 month of service associated with an onboarding project.

Page 209 of 286 ends

15 | P a g e
RFP for Enterprise Architectural Review and IT Support Services AMC’s service delivery model has given us the ability to provide all requests and end results that the City of Maywood has outlined in the RFP for Enterprise Architectural Review and Information Technology Support Services. Through our discipline to the Modernization Process, we have been able to turn IT Management into a science that allows us to minimize and predict the average amount of reactive support that will be required per endpoint (an endpoint is defined as either a server or workstation).

ACCEPTANCE OF CONDITIONS
AMC Modern IT accepts the conditions of this RFP and the City’s Professional Services Agreement. AMC Modern IT is willing and able to execute the contractual requirements of the agreement with City of Maywood.

Page 210 of 286 ends

Ver. 02/2019
12501-0001\2300515v1.doc

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated October 13, 2022 (“Effective Date”) and is between the City of Maywood, a California municipal corporation (“City”) and Advanced Microcomputing Concepts (AMC) Modern IT (“Consultant”). City and Consultant are sometimes referred to herein as the “Parties”, and individually as a “Party”.

RECITALS
A. City desires to utilize the services of Consultant as an independent Contractor to perform an Enterprise Architectural Review and Information Technology Support Services set forth in the Agreement.

B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

C. City desires to retain Consultant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.

The Parties therefore agree as follows:

1. Consultant’s Services.

A. Scope of Services. Consultant shall perform the services described in the Scope of Services (the “Services”), attached as Exhibit A. City may request, in writing, changes in the Scope of Services to be performed. Any changes mutually agreed upon by the Parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.

B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be Tony Chiappetta (the “Consultant Representative”).

The Consultant Representative shall directly manage Consultant’s Services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.

C. Time for Performance. Consultant shall commence the Services on the Effective Date and shall perform all Services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.

D. Standard of Performance. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like

Page 211 of 286 ends

-2- Ver. 02/2019
12501-0001\2300515v1.doc
professionals under similar circumstances and in a manner reasonably satisfactory to City.

E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.

F. Compliance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes, regulations and requirements.

G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of Services under this Agreement, including a business license.

2. Term of Agreement. The term of this Agreement shall be from the Effective Date through October 13, 2025, unless sooner terminated as provided in Section 12 of this Agreement or extended.

3. Compensation.

A. Compensation. As full compensation for Scope of Services satisfactorily rendered, City agrees to compensate Consultant, and Consultant agrees to accept in full satisfaction for the services required by this Agreement, an amount not exceed $43,560.00 annually for Services described as IT Management and Support related services and $3,630 for the Services described as an Enterprise Architectural Review, as more particularly described in Exhibit B (“Compensation”). Said Compensation shall constitute reimbursement of Consultant’s fee for the services as well as the actual cost of any staff time, other direct or indirect costs or fees, including the work of employees, consultants and subcontractors, equipment, materials, and supplies necessary to provide the service (including all labor, materials, delivery, tax, assembly, and installation, as applicable). In no event shall the Consultant be paid more than $ 134,310.00, which includes expenses and additional services (if any) during the term of this Agreement (“Maximum Compensation”).

B. Expenses. The City will not reimburse Consultant for any expenses, unless expenses are agreed upon in advance in writing by both parties and/or set forth in Exhibit B.

C. Unauthorized Services and Expenses. City will not pay for any services not specified in the Scope of Services, unless the City Council or the City Representative, if applicable, and the Consultant Representative authorize such services in writing prior to Consultant’s performance of those services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council, or the City Representative shall be compensated at the rates set forth in

Page 212 of 286 ends

-3- Ver. 02/2019
12501-0001\2300515v1.doc
Exhibit B, or, if not specified, at a rate mutually agreed to by the Parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.

4. Method of Payment.

A. Invoices. Consultant shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Consultant in writing within ten Business days of receipt of any disputed invoice amounts.

B. Payment. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement or within such other reasonable time dependent on the City’s warrant run procedures. City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. Notwithstanding the preceding sentence, if Consultant is a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.

C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement available during Consultant’s regular working hours to City for review and audit by City.

5. Independent Contractor. Consultant is, and shall at all times remain as to City, a wholly independent Contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City.

6. Information and Documents.

A. Consultant covenants that all data, reports, documents, discussion, or other information (collectively “Data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subconsultants shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to

Page 213 of 286 ends

-4- Ver. 02/2019
12501-0001\2300515v1.doc
any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena.

B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.

C. All Data required to be furnished to City in connection with this Agreement shall become City’s property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City’s sole property and may be used, reused or otherwise disposed of by City without Consultant’s permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.

D. Consultant’s covenants under this Section shall survive the expiration or termination of this Agreement.

7. Conflicts of Interest. Consultant and its officers, employees, associates and subconsultants, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090.

During the term of this Agreement, Consultant may perform similar Services for other clients, but Consultant and its officers, employees, associates and subconsultants shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.

Page 214 of 286 ends

-5- Ver. 02/2019
12501-0001\2300515v1.doc

8. Indemnification, Hold Harmless, and Duty to Defend.

A. Indemnities.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent Consultants in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subconsultants, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent Consultant relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2). 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual,

Page 215 of 286 ends

-6- Ver. 02/2019
12501-0001\2300515v1.doc
alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subconsultant, its officers, agents, servants, employees, subconsultants, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s subconsultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.

B. Workers’ Compensation Acts not Limiting. Consultant’s indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

D. Survival of Terms. Consultant’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.

9. Insurance.

A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of $1,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $1,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $1,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Consultant shall provide insurance in the amount required by California law.

Page 216 of 286 ends

-7- Ver. 02/2019
12501-0001\2300515v1.doc
3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required, but Consultant shall execute a declaration that it has no employees. 4) Cyber Liability Insurance. Consultant shall procure and maintain Cyber Liability insurance with a minimum limit of $1,000,000.00 per occurrence/loss which shall include the following coverage:
 Liability arising from theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of confidential information.  Network security liability arising from the unauthorized use of access to or tampering with computer systems.
 Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended.  Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper dee-linking of framing, and infringement or violation of intellectual property rights.  Liability arising from the failure to render professional services.

B. Acceptability of Insurers. The insurance policies required under this Section shall be issued by an insurer authorized to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide or such other rating as approved by the City Manager. Self insurance shall not be considered to comply with the insurance requirements under this Section.

C. Additional Insured. The general liability policy shall contain an endorsement naming City and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.

D. Primary and Non-Contributing. The insurance policies required under this Section shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section shall not prohibit Consultant and Consultant’s employees, agents or

Page 217 of 286 ends

-8- Ver. 02/2019
12501-0001\2300515v1.doc
subconsultants from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.

F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.

G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Consultant shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.

Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.

I. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City’s Risk Manager or such other official designed by the City Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.

Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.

J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 8 of this Agreement.

Page 218 of 286 ends

-9- Ver. 02/2019
12501-0001\2300515v1.doc
K. SubConsultant Insurance Requirements. Consultant shall require each of its subconsultants that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.

10. Mutual Cooperation.

A. City’s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.

B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

11. Records and Inspections. Consultant shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to examine and audit the books and records, to make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment.

12. Termination of Agreement.

A. Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least ten calendar days before the termination is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least 60 calendar days before the termination is to be effective.

B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services required by this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation.

Page 219 of 286 ends

-10- Ver. 02/2019
12501-0001\2300515v1.doc

13. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.

14. Default.

A. Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default.

B. In addition to the right to terminate pursuant to Section 12, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City shall serve Consultant with written notice of the default. Consultant shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

15. Notices. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during Consultant’s and City’s regular business hours, or (c) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:

If to City: If to Consultant:

Attn: City Manager Attn: Anthony Chiappetta
City of Maywood AMC Modern IT
4319 East Slauson Ave 2100 Arrow Hwy
Maywood, California 90270 La Verne, California 91750
Telephone: (877) 715-5262

16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subconsultant or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. Consultant will take affirmative action to

Page 220 of 286 ends

-11- Ver. 02/2019
12501-0001\2300515v1.doc
ensure that subconsultants and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

17. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

18. No Third-Party Beneficiaries Intended. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

19. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.

20. Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subconsultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subconsultants and agents.

Page 221 of 286 ends

-12- Ver. 02/2019
12501-0001\2300515v1.doc

21. Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

22. Non-Appropriation of Funds. Payments to be made to Consultant by City for services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

23. Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Consultant’s proposal, the provisions of this Agreement shall control.

24. Entire Agreement and Modification of Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by both Parties.

25. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.

26. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.

27. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

Page 222 of 286 ends

-13- Ver. 02/2019
12501-0001\2300515v1.doc

28. Business Days. “Business days” means days Maywood City Hall is open for business.

29. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Maywood.

30. Attorneys’ Fees. In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all attorneys’ fees, experts’ fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.

31. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.

32. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument.

33. Corporate Authority. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement.
[SIGNATURE PAGE FOLLOWS]

Page 223 of 286 ends

-14- Ver. 02/2019
12501-0001\2300515v1.doc
The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.

City:

City of Maywood,
a California municipal corporation
By:

Heber Marquez
Mayor of the City of Maywood
ATTEST:

By:

Andrea Aguilar, City Clerk
APPROVED AS TO FORM:

By:

Roxanne Diaz, City Attorney
Consultant:

By:

Name: Anthony Chiappetta
Title: CEO/President
Advanced Microcomputing Concepts
(AMC) Modern IT

Page 224 of 286 ends

A-1
12501-0001\2300515v1.doc

EXHIBIT A

SCOPE OF SERVICES

Page 225 of 286 ends

A-2
12501-0001\2300515v1.doc

Page 226 of 286 ends

A-3
12501-0001\2300515v1.doc

Page 227 of 286 ends

A-4
12501-0001\2300515v1.doc

Page 228 of 286 ends

A-5
12501-0001\2300515v1.doc

Page 229 of 286 ends

A-6
12501-0001\2300515v1.doc

Page 230 of 286 ends

A-7
12501-0001\2300515v1.doc

Page 231 of 286 ends

A-8
12501-0001\2300515v1.doc

Page 232 of 286 ends

B-1
12501-0001\2300515v1.doc

EXHIBIT B

COMPENSATION

Page 233 of 286 ends

B-1
12501-0001\2300515v1.doc

Page 234 of 286 ends

B-1
12501-0001\2300515v1.doc

Page 235 of 286 ends

B-1
12501-0001\2300515v1.doc

Page 236 of 286 ends

12501-0001\2300515v1.doc

Page 237 of 286 ends

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 8.

DATE: October 12, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: STEVE FOWLER, DIRECTOR OF BUILDING AND PLANNING
SUBJECT: CONSIDERATION OF APPOINTING PLANNING COMMISSIONER ANGELINA

MARTINEZ TO SERVE AS A MEMBER ON THE ECO-RAPID TRANSIT BOARD RECOMMENDATION:

Staff recommends that the City Council appoint Maywood Planning Commissioner Angelina Martinez who has indicated interest, to serve as a member on the Eco-Rapid Transit Board.

BACKGROUND:

Eco-Rapid Transit, formerly known as the Orangeline Development Authority, is a joint powers authority (JPA) created to pursue development of a transit system that moves as rapidly as possible, uses grade separation as appropriate, and is environmentally friendly and energy efficient. The system is designed to enhance and increase transportation options for riders of this region utilizing safe, advanced transit technology to expand economic growth that maximizes ridership in Southern California.

Eco-Rapid Transit consists of 13 members:

1. City of Artesia

2. City of Bell

3. City of Bell Gardens

4. City of Bellflower

5. City of Cudahy

6. City of Downey

7. City of Glendale

8. City of Huntington Park

9. City of Maywood

10. City of Paramount

11. City of South Gate

12. City of Vernon

13. Burbank-Glendale-Pasadena Airport Authority
With supporting agencies that include Caltrans, District 7, Metropolitan Transportation Authority (Metro), Gateway Cities Council of Governments, Southern California Association of Governments (SCAG), San Fernando Valley Council of Governments and Golden State Gateway Coalition

Page 238 of 286 ends

DISCUSSION:

The current Maywood representative for the Board was former Commissioner Reyna Mendez and the alternate is Commissioner Raul Rodriguez. Although it is customary that member agencies appoint City Council members to serve on such boards, the Eco-Rapid Transit Board meets at 6:30 pm on the second Wednesday of each month. This is in direct conflict with the Maywood City Council meetings and thus, necessitates the involvement of Maywood Planning Commissioners.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

ATTACHMENT(S)

Page 239 of 286 ends

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 9.

DATE: October 12, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: KAREN INIGUEZ, COMMUNITY DEVELOPMENT ANALYST
SUBJECT: CONSIDERATION OF THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICE

AGREEMENT WITH NATIONWIDE ENVIRONMENTAL SERVICES, A DIVISION OF JOE’S SWEEPING, INC. TO AMEND THE AGREEMENT TO REVISE THE SCOPE OF

SERVICES AND INCREASE THE MONTHLY COMPENSATION BY ONE HUNDRED AND TWENTY-SEVEN DOLLARS ($127.00)
RECOMMENDATION:

Staff recommends that the City Council approve the first amendment to the Professional Service Agreement with Nationwide Environmental Services a division of Joe’s Sweeping, Inc. to amend the agreement to revise the scope of services and increase the compensation by an additional monthly amount of One Hundred and Twenty-Seven Dollars ($127.00).

BACKGROUND:

The City of Maywood is responsible for the street sweeping maintenance of approximately 53 curb miles within the community. These curb miles include, but are not limited to; residential streets, commercial streets, arterial, collector, and median curbs. The State of California Clean Water laws require municipalities to clean and sweep their public streets to ensure that trash and debris do not flow from the street into the storm drain system and ultimately to the US/Los Angeles River waterways.

The City of Maywood contracted with Nationwide Environmental Sweeping Services (NES) in July of last year for street sweeping services. NES provides street sweeping maintenance throughout the City’s curb miles.

These curb miles include arterial, collector, industrial, residential, commercial, cul-de-sacs, median curbs, alleys, and public parking lots. NES allows the City to stay in compliance with the State of California Clean Water laws that require municipalities to clean and sweep their public streets, ensuring that all trash and debris does not flow from the street into the storm drain system and ultimately to the US/Los Angeles River waterways. NES is currently utilizing a map with a street sweeping schedule for the City. However, staff recommends updating the map schedule route to include District Blvd.

DISCUSSION:

The proposed amendment will update the map schedule of the new proposed areas that the City is requesting to provide sweeping services. This amendment will allow for District Blvd, an industrial area, to be added to the weekly street sweeping contract. Therefore, the new added scope will allow for this section to be swept on Mondays between 3:30 and 4:30 am, along with Randolph from District to Alamo.

Page 240 of 286 ends

NES is requesting a $127.00 increase to its monthly retainer - October 2022 through June 2023 = 9 months times $127.00 = $1,143.00. The new retainer will increase from $7,410.00 to $7,537.00 a month. This will increase the yearly not-to-exceed to a total of $90,444.00 for the remainder of the professional service agreement.

This increase will allow for NES to expand its maintenance route and target more areas in the City.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

The funding source will be derived from the followiing.

F.Y. 22-23 Impact: $1,143.00 Current F.Y. Budget:

Fund Impacted: 280 - Measure W Safe
Clean Water
Program Fund
Budget adjustment requested:

Source of funds: 501 - Building and
Planning
Updated Account Budget:

Account Number: 6115 - Contractual
Service
For fiscal year:

ATTACHMENT(S)

1. First Amendment to the Professional Service Agreement with Nationwide Environmental Services

Page 241 of 286 ends

FIRST AMENDMENT TO THE STREET SWEEPING AGREEMENT BETWEEN THE

CITY OF MAYWOOD AND NATIONWIDE ENVIRONMENTAL SERVICES
This Amendment to the Street Sweeping Agreement is entered into as of October 12, 2022 (“Amendment”) and amends the Street Sweeping Agreement by and between the City of Maywood, a municipal corporation (“City”) and Nationwide Environmental Services, a division of Joe’s Sweeping, Inc. (“Contractor”) dated June 9, 2021 (“Agreement”).

RECITALS
A. City and Contractor entered into the Agreement for Street Sweeping Services.

B. City and Contractor desire to amend the Agreement to expand the scope of services to update the map schedule and amend the compensation for these additional services.

NOW THEREFORE, it is mutually agreed by and between the City and Contractor as follows:

Section 1. Additional Services. Contractor shall provide the City with additional street sweeping services on the streets and times as is more particularly described in Exhibit A-1 to this Amendment (“Additional Services”). The Additional Services shall be provided pursuant to the terms of the Agreement.

Section 2. Compensation. For the Additional Services, City agrees to compensate Contractor an additional $127.00 a month which will be added to the currently monthly rate for a total not to exceed amount of $7,537.00 per month beginning in October 2022.

Section 3. Except as expressly modified by this Amendment, all other provisions of the Agreement shall remain in full force and effect. In the event of a conflict between the provisions of this Amendment and the provisions of the Agreement, the provisions of this Amendment shall control.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written.

Page 242 of 286 ends

CITY OF MAYWOOD: CONTRACTOR:

Nationwide Environmental Services, a
Division of Joe’s Sweeping, Inc,
By:__________________________ By:__________________________ Heber Marquez, Mayor
Name: Ani Samuelian
Title: President
ATTEST:

By: ____________________________
Andrea Aguilar, City Clerk
APPROVED AS TO FORM:

By: ____________________________
Roxanne Diaz, City Attorney

Page 243 of 286 ends

EXHIBIT A-1

ADDITIONAL SERVICES

Page 244 of 286 ends

MAYWOOD ADDITIONS

RANDOLPH ST
MONDAY 4 AM
• BOTH SIDES OF DISTRICT
BLVD, 60TH ST TO RANDOLPH
ST
• BOTH SIDES OF RANDOLPH ST,

DISTRICT BLVD TO WALKER
AVE.

Page 245 of 286 ends

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 10.

DATE: October 12, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: CLAUDIA ZAVALA, COMMUNITY SERVICES LIAISON
SUBJECT: CONSIDERATION OF APPROVING THE COMMUNITY BENEFIT FUND

APPLICATION FROM MAYWOD CENTER FOR ENRICHED STUDIES (MACES) IN THE AMOUNT OF $9,800.

RECOMMENDATION:

Staff recommends that the City Council approve the Community Benefit Fund Application from MaCES in the amount of $9,800.

BACKGROUND:

The Maywood Center for Enriched Studies (MaCES) provides students in grades 6th through 12th with a rigorous curriculum and humanistic school environment with personalization between teachers, students, and parents. Courses are aligned to develop academic abilities, artistic talents, leadership and athletic skills.

Students experience breath and depth within their academic course of study and enhance their experience with elective courses in the arts. MaCES ensures all students take an intensive and rigorous A-G course load that will prepare them to apply and make a smooth transition to a four-year college/university and careers in the 21st Century global economy.

The Application is dated September 28, 2022 and was received by email from the applicant. The City of Maywood has established a “Community Based Fund” to support community-based programs and activities.

Applicant eligibility is determined by the City’s Community Benefit Fund Guidelines and Procedures (“Guidelines”) for the distribution of funds to eligible organizations that provide community-based programs, community activities and educational activities.

In 2021, MaCES received $8,900 to support the Jaime Escalante summer math program, band camp and attendance awards and recognition program.

DISCUSSION:

MaCES is requesting a $9,800 grant to be used for the funding of the following student campus programs:

A - MACES Marching Band Camp for our students: $6,500
Supports the development and showcase of the 78 members of the MaCES Band and Orchestra Program via public performances, showcases, and parades representing the City of Maywood and Los Angeles Unified School District. In addition, this will allow MaCES to hire support staff dedicated specifically to sections of the ensemble in order to better develop student musicianship and performance abilities.

Page 246 of 286 ends

B - MACES Student Attendance Incentive Funds: $3,300
The attendance incentive program will promote and provide incentives to create a school environment where students feel safe, welcomed, and excited to be physically in school learning.

Per the grant guidelines, the applicant, MaCES, is eligible as it is a school that provides programs or services to residents of the city. In addition, it should be noted that per the Grant guidelines, the maximum amount will be no more than $5,000. However, in limited circumstances, the City Council has the discretion to award grants in an amount not to exceed $10,000.

MaCES has been in existence since August of 2017, and is a school located in the City, that provides education to students in grades 6-12th, with 80% of the student body being residents of the City. MaCES meets all the grant requirements.

Accordingly, based on the documentation provided by the applicant in support of their application, staff recommends that the City Council approve their request.

LEGAL REVIEW:

The City Attorney has not yet reviewed this report.

FISCAL IMPACT:

The City currently has budgeted $75,000 in the Community Benefit Fund for fiscal year 2022/2023. To date, $47,000 has been spent from this account. Therefore, there is an adequate budget and no additional budget appropriation is needed. Fund = 100 – General Fund; Department = 302 – Community Services; General Ledger (GL) account = 6301 – Community Benefit Fund Expenditures; Project Code = 9999 - Other F.Y. 22-23 Impact:
$9,800
Current F.Y. Budget: $75,000
Fund Impacted: 100 -
General Fund
Budget adjustment requested: $0
Source of funds: General Ledger (GL) Account =
6301 - Community Benefit
Fund
Updated Account Budget: $28,000
Account Number: 100-302-0000-6301-9999
Fund = 100 General Fund
Department = 302 Community Services
GL Account = 6301 Community
Development Fund
Project = 9999 Non-Project
For fiscal year: 2022/2023

ATTACHMENT(S)

1. MaCES_CBF_APP2022-October

2. MaCES Funding report 2022_2023

3. Community Benefit Fund Guidelines and Procedures12.2021

Page 247 of 286 ends

CITY OF MAYWOOD

COMMUNITY BENEFIT FUND APPLICATION
Please Type/Print Information
(attach additional pages as needed)
Application Funding Cycle
Q1: July 1 – September 30
Q2: October 1- December 31
Q3: January 1 - March 30
Q4: April 1 - June 30
DateofApplication: _
Amount Requested: _
Organization Name: Phone Number:

Street Address: Fax Number:

City,State, Zip: Federal EIN:

Contact Person:

Contact Email Address:

Provide a detailed description of your organization. For example, are you a school, schoolbased or affiliated entity, youth program, community based organization, etc.

Does your organization have non-profit status with theInternal Revenue Service? Yes No (If yes, attach documentation)
How long has this organization been in existence (provide date)? Is the organization located/based in Maywood or does it provide programs or services to Maywood residents? Yes No If yes, please explain.

Describe how the requested funds will be used? Attach a proposed budget. 9/28/2022
$9,800
Maywood Center for Enriched Studies (MaCES) 323-210-1412 5800 King Avenue 323-773-3001
Maywood, CA 90270 95-6001908
Gabriel Duran, Principal
[email protected]
August of 2017
920 of the 1,150 students are current residents of the City of Maywood and they receive tutoring, and participate in the Beyond the Bell youth sports and clubs’ program for middle school and high school sanctioned sports programs and/or band programs.

See attached detailed breakdown of bands that will be used to support the school music band program and in-seat student attendance campaigns, celebrations, and student recognition.

Public School in LAUSD serving 1,150 students in grades 6-12th with 80% of student body being residents of the City of Maywood.

Page 248 of 286 ends

What is the anticipated time-frame to provide the proposed program, service, event activity or goods and the expenditure of the requested funds?
Describe the organization's efforts in obtaining funding from other sources? How will the requested funds have a benefit to Maywood residents? How will the requested funds enhance the quality of life or the delivery of services for Maywood residents?
How will the requested funds provide educational opportunities for Maywood residents or students?
Has your organization previously received funding from the City of Maywood? Yes No If yes, identify the use of the funds, total amount, and fiscal year in which the funds were received.

Is a member of your organization's board or executive leadership a City employee, an elected or appointed City official, or a family member of a City employee or elected or appointed City official? Yes No If yes, pleaseexplain.

By my signature below, I hereby certify, under penalty of perjury, that I am qualified to sign for and bind the named organization and that the information contained within and submitted with this application is complete, true and accurate. I have received a copy of the Community Benefit Fund Guidelines and Procedures and agree to abide by its provisions. If awarded funding, an agreement will be required to be executed.

Date: Signature:

Print Name and Title:

Date Received Eligibility Verified Date Approved Date Denied Amount Awarded
Revised 3.30.22
Fall and Spring Semester of the school year 2022-23
The majority of students at MaCES do not take part in enrichment programs and/or specialty camps. With the support of the funds, we can offer students the opportunity to participate in music enrichment programs or camps while at the same time rewarding those students who make every effort to be in school daily learning and taking advantage of the learning opportunities at MaCES.

Type text here
The attendance incentive program has one goal, 100% student graduation that can only be accomplished and supported with students being in school and class daily learning the course materials needed to pass their A-G high school graduation requirements needed to fulfill the school goal of having every student be a high school graduate.

Daily attendance taking college level courses, honors classes, and being a part of enrichment programs like the school band will help develop the skills that will enhance the lives of the youth of Maywood via their school experience as they get recognized for their attendance efforts and enrichment programs the Maywood Community supports.

In 2021, the math, music and attendance program were awarded $8,900 which was used to support the Jaime Escalante summer math program, band camp, and attendance awards and recognition.

Mayor Heber Marquez is an Intervention (teacher) employeed full time at MaCES. 9/28/2022
All school allocated funds are restricted in that they must be used only for educational purpose and may not be used for incentives and/or program enrichment.

Page 249 of 286 ends

Los Angeles Unified School District

Ma.C.E.S.

Maywood Center for Enriched Studies
Magnet School Grades 6-12
5800 King Avenue • Maywood, CA 90270
Telephone: 323-210-1412 • Fax: 323-773-3001
Alberto M. Carvalho
Superintendent
Jose P. Huerta
Local District East Superintendent
Gabriel Durán
Principal
Myriam Carmona
Assistant Principal SCS
To: City of Maywood Community Benefit Fund Application
FROM: Gabriel Duran, Principal
SUBJECT: MaCES Magnet Fund Request
Maywood Center for Enriched Studies, would like to be considered for the funding of the following student campus programs.

MACES Marching Band Camp for our students: $6,500
Objective: Support the development and showcase of the 78 members of the MaCES Band and Orchestra Program via public performances, showcases, and parades they represent the City of Maywood and Los Angeles Unified.

The MACES Band & Orchestra programs are ensemble programs at the school meant to provide students with in-depth performance experiences with string, brass, woodwind, and percussion instruments. The ensembles include chamber orchestra, symphonic orchestra, marching band, concert band, and drumline. Students gain real-life experience with performances including concerts, festivals, parades, galas, and community events.

The MACES Orchestra & Band programs are made up of MACES students, many of whom are local Maywood residents. In addition, many of our performances are through the city's community events including the Tree Lighting Ceremony, The Veterans Ceremony, the Baseball Field Dedication Ceremony, and many others.

We are requesting funds to be used to further support and develop our programs. This year, we are hoping to attend more parades, clinics, and festivals. In addition, we are hiring support staff dedicated specifically to sections of the ensemble in order to better-develop student musicianship and performance abilities.

Students in our organization would gain far more specific support in their music development with specialized instructional staff. They would gain exposure to different parts of LA County through

Page 250 of 286 ends

participation in festivals, clinics, and performance opportunities. In addition, we would love to begin a partnership with local elementary schools to increase young students' music development.

With this funding, we would be able to participate in more local events and increase the level of performance at such events. This funding would provide our members with greater musical development. Because we perform at the city's events regularly, the quality of performance would increase as well.

Expenses Projected:
● Bus Transportation
● Band T-shirts
● Music Folders
● Support Staff
● Meals for students
● Water and Snacks
MACES Student Attendance Incentive Funds: $3,300
Objective: Improve Chronic Student Absences
Regular and punctual school attendance is expected of all Maywood Center for Enriched (MaCES) students. LAUSD’s current goal it to ensure outstanding attendance to support consistent in class learning and for all students to maintain a Proficient/Advanced attendance rate of 96% (Less than 7 absences per school year).

Unfortunately, as a result of the pandemic and students adjusting to the new norm, the chronic absenteeism rate has increased, and many students are still struggling to engage in school consistently. However, MaCES is committed in creating a school environment where studentsfeelsafe, welcomed, and excited to be physically in school learning.

MaCES currently has 1,150 enrolled students, we have 45.58% (565 students) that are not meeting the district goal of 96% attendance; hence we need to provide extra support to these students to ensure we meet the district goal of 100% attendance and 100% graduation. The goal for MaCES is to continue our attendance incentive program for all students, including recognition events, attendance celebrations every 25 days, and spirit days. Please see below the proposed timeline:

Milestone Dates Incentives & Messages Instructional
Day

LESS THAN
91%

CHRONIC
92 - 95%
(Basic)
96 - 99% (Proficient)
September 20, 2022 Poster Contest
Instagram your way into
school
25 3 or more 2 1
October 28, 2022 Superhero T-Shirt Day
Thanks for saving the day
and coming to school every
day!
50 5 or more 3-4 1-2
December 13, 2022 Winter festival
Come chill out at MACES
75 7 or more 4-6 1-3

Page 251 of 286 ends

Our attendance incentive program at MACES is critical to help our students recover by promoting and providing incentives to creating a school environment where students feel safe, welcomed, and excited to be physically in school learning.

Expenses Projected: student recognition for 25th, 50th , 75th , 100th , 150th and 180th attendance celebrations.
● School Supplies
● Student Prizes
● Incentive Prizes
● Gift Cards
● Stickers
● T-shirts
● Wrist Bands
February 8, 2023 CHURROS
Thanks, a sweet bunch for
your great attendance
100 9 or more 5-8 1-4
March 17, 2023 College T-Shirt Day
Attend today and achieve
great things
125 11 or more 6-10 1-5
May 3, 2023 Popcorn
Your attendance is popping!
150 13 or more 7-12 1-6
June 8, 2023 Raspados
Here’s some ice to cool your
excellent super-hot
attendance!
175 15 or more 8-14 1-7
June 15, 2023 End of the year festival 180 15 or more 8-14 1-7

Page 252 of 286 ends

CITY OF MAYWOOD

COMMUNITY BENEFIT FUND

GUIDELINES AND PROCEDURES
1 Rev. 2/2022
I. BACKGROUND
The City of Maywood has established a “Community Benefit Fund” to support community based programs and activities.

II. PURPOSE
The purpose of this policy is to provide guidelines and procedures for the distribution of public funds, which will in turn fun community programs, activities and educational activities conduct by Eligible Organizations that meet the requirements and guidelines set forth by the City Council in this policy.

III. ELIGIBILITY AND POLICY
A. Eligible Organizations. The requesting organization must be: (1) a non-profit agency as defined by the Internal revenue Service (IRS) with a tax exempt status of 501(c)(3) and is in good standing in the State of California based in the City or provides programs or services to residents of the City; a school or school-based/affiliated organization located in the City; or other City-based organization such as athletic organizations or community groups (collectively called “Eligible Organizations”); (2) must be in existence prior to submittal of an application; and (3) must have a record of successfully providing the type of service, activity or program for which funding is requested.

B. Eligible Services and Activities. To apply for a grant under the City Community Benefit Fund, the Eligible Organization must provide a program, service, activity, event or other similar activities that have a benefit to the residents of the City of Maywood or the specified target group within the City by: (i) enhancing the quality of life or the delivery of services in the City; or (ii) providing educational opportunities for the residents or students of the City. Categories of services and activities eligible for grants include but are not limited to educational programs, cultural activities (i.e. music, art, dance, recreation), youth athletics, civic projects, health and safety programs, services sponsored by Maywood community organizations and public services (i.e. senior services, youth programs, health services). If the request relates to a community event, the event must be advertised and open to the public. Grants will be awarded in maximum amounts of no more than $5,000. In limited circumstances, the City Council has the discretion to award grants in an amount not to exceed $10,000.

C. Restrictions and Ineligible Organizations.

1. Grants shall not be used for religious activities or political campaigning purposes or activities.

2. A non-profit entity, a school or school-based/affiliated organization or other City-based organizations such as athletic organizations or community groups that have

Page 253 of 286 ends

2 Rev. 2/2022

CITY OF MAYWOOD

COMMUNITY BENEFIT FUND

GUIDELINES AND PROCEDURES
as a member of their board or executive leadership a City employee, a City elected or appointed official or members of their family, are not eligible to apply for a Community Benefit Fund grant. Family members include spouse or domestic partner, child, parent, grandparent, grandchild, cousin, aunt, uncle, sibling, niece, nephew, parent-inlaw,brother-in-law or sister-in-law, as well as all step relationships.

D. City Projects. This policy does not preclude the City from undertaking and funding projects on its own initiative that would be a benefit to the community.

IV. APPLICATION PROCEDURES
A. Submittal of an Application. Applicants must use the Community Benefit Fund application form. Forms are available on the City website at www.cityofmaywood.org and at Maywood City Hall at 4319 E. Slauson Avenue, Maywood, CA 90270.

Applications may be requested by email at [email protected] B. Application Deadline. The City Council will have quarterly application cycles available to consider requests contingent upon monies being available under the program. The application cycles and deadlines are as follows:

Application Cycle
Quarter 1: July 1 - September 30 June 1
Quarter 2: October 1 - December 31 September 1
Quarter 3: January 1 - March 30 December 1
Quarter 4: April 1 - June 30 March 1
Application Deadline
The application must be submitted by 5:00 p.m. on the applicable deadline date addressed to: City of Maywood, Attention: Community Benefit Fund via City Manager’s Office, 4319 E. Slauson Avenue, Maywood, CA 90270.

C. General Information.

1. Applicants may apply for funds during any application cycle.

Notwithstanding, funds must be requested and spent during the same fiscal year in which the award was approved by the City Council.

2. Organizations may submit only one application per fiscal year.

3. Funding to an Eligible Organization will not constitute a precedent for contributions in subsequent fiscal years.

Page 254 of 286 ends

CITY OF MAYWOOD

COMMUNITY BENEFIT FUND

GUIDELINES AND PROCEDURES
3 Rev. 2/2022
V. EVALUATION OF APPLICATION AND SELECTION PROCESS
A. Review of Applications. Following the application deadline, City Staff will review the applications. Applicants may be contacted if further information is requested, to answer questions, clarify their application, etc. All applications will be evaluated to ensure that the applicant is an “Eligible Organization” and that purpose for which the grant is sought is consistent with this policy. Applications and recommendations of Staff, if any, will be presented to the City Council during a regular scheduled City Council meeting for the Council’s consideration and approval.

B. City Council Action. The City Council will take final action on award of all grants and maintains the discretion to fund in whole or in part any request or not to fund any or all requests during the Application Cycle. Alternatively, the City Council may hold-over any application into the next Application Cycle. In the case of multiple applications that are competing for limited available funds, consideration may be given to applications based on the following criteria: (i) the number of residents who are expected to benefit, participate in or be positively impacted by the program; (ii) the performance of the applicant in prior years, including demonstrated fiscal responsibility and compliance with applicable requirements; (iv) the amount of funding previously award to the applicant or the program or event in prior years; and (v) the total amount of funding requested as a proportion of the total available funds for the applicable fiscal year.

VI. POST AWARD REQUIREMENTS
A. Agreement. All Eligible Organizations elected to receive funds will be required to sign and execute an agreement with the City of Maywood.

B. Reporting. Eligible Organizations must complete a report, within 45 days of fund expenditure, describing the use of the grant and amount expended, the number of participants in the event or program, copies of any publicity of the event or program, and a narrative regarding the benefit to the City of Maywood. The City reserves the right to conduct an audit and/or require additional back-up information to substantiate how funds received from the City were expended. Failure to submit this required report will make the Eligible Organization ineligible for allocation of future funds until the required report is submitted. These reports will be reviewed and taken into account for evaluating subsequent funding proposals from that entity.

C. Request for Funds. The Eligible Organization receiving the funds is responsible for submitting a funds request to the City’s Finance Director and shall allow the City up to 30 days to process the request. If a third-party vendor is the recipient of the funds (i.e. bus company used for field trip), then the request shall include the information regarding that vendor including their Tax Identification Number and the check shall be made payable to that vendor. If the grant is to be used to purchase tangible goods or services, the City has the discretion to purchase the goods or services directly and

Page 255 of 286 ends

CITY OF MAYWOOD

COMMUNITY BENEFIT FUND

GUIDELINES AND PROCEDURES
4 Rev. 2/2022
pass-through the goods or services to the Eligible Organization rather than provide the funding.

D. Return of Funds to the City. Unexpended funds must be returned to the City at the end of the fiscal year. Funds must also be returned to the City if the City determines that the applicant has not performed in accordance with the approved application listing the use of the funds.

E. Failure to Abide by Policy. The failure of an Eligible Organization to abide by this Policy will result in the Eligible Organization being denied for funding in the future.

Page 256 of 286 ends

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 11.

APPLICATION FROM BUDDING ARTIST THROUGH THEIR FISCAL SPONSOR FULCRUM ARTS IN THE AMOUNT OF $2,500.

RECOMMENDATION:

Staff recommends that the City Council approve the Community Benefit Fund Application from Budding Artists in the amount of $2,500.

BACKGROUND:

The Application is dated September 23, 2022 and was received by email from the applicant. The City of Maywood has established a “Community Based Fund” to support community-based programs and activities.

In 2021, Budding Artists received $2,500 to provide a virtual 2022 Winter Exploration Program for Maywood residents.

DISCUSSION:

Budding Artists has been in existence since October 12, 2018, and serves the Los Angeles County community by providing under-resourced preschool children with transformative process-focused art experiences.

Budding Artists is requesting a $2,500 grant to be used to provide arts education to the youngest constituents, which will support their mental health, social and emotional learning, language and literacy development, cognitive development, and physical development. The applicant explains that data has shown even short interactions with art can have a significant impact in these areas.

Funds from this grant will be utilized to provide Maywood residents with an in-person 4-course winter workshops series, designed for children ages 3 -5. This program will be free of charge to the first fifteen (15) participants and include all required art materials. The total cost for the 4-Course Winter Workshop Series is $6,667.00; this includes $1,667.00 for art materials, teaching artists fees, technical/administrative costs.

Budding Artist has secured $4,167.00 from the California Arts Council for this workshop. The requested $2,500 will close the gap in needed funds to bring this program to the residents of Maywood.

Page 257 of 286 ends

Qualification Review
Budding Artist, a non-profit agency, provides programs or services to residents of the city. The Eligible Organization was in existence prior to submitting this application and has a record of successfully providing the services for which funding is requested. In addition, per the Grant guidelines, the maximum amount will be no more than $5,000. The applicant is requesting funding within this maximum award amount.

The Guidelines also require that an Eligible Organization provide an eligible service or activity defined as a program, service, activity, event, or other similar activity that has a benefit to the residents of the City or a specified target group by: (i) enhancing the quality of life or the delivery of services in the City; or (ii) providing educational opportunities for the residents of the City. The proposed workshops will provide educational opportunities for young people between the ages of 3-5.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

The City currently has budgeted $75,000 in the Community Benefit Fund for fiscal year 2022/2023. To date, $48,000 has been spent from this account. Therefore, there is adequate budget and no additional budget appropriation is needed. Fund = 100 – General Fund; Department = 302 – Community Services; General Ledger (GL) account = 6301 – Community Benefit Fund Expenditures; Project Code = 9999 - Other F.Y. 20-21 Impact: $2,500 Current F.Y. Budget: $75,000
Fund Impacted: 100 - General Fund Budget adjustment requested: $0 Source of funds: Account = 6301 - Community
Benefit Fund
Updated Account Budget: $28,000
Account Number: 100-302-0000-6301- 9999
Account Number: 100-302-0000-6301-9999
Fund = 100 General Fund
Department = 302 Community Services
GL Account = 6301 Community
Development Fund
Project = 9999 Non-Project
For fiscal year: 2022/2023

ATTACHMENT(S)

1. 2023 Budding Artists CBF_App

2. Community Benefit Fund Guidelines and Procedures12.2021

Page 258 of 286 ends

CITY OF MAYWOOD

Street Address: Fax Number:

City,State, Zip: Federal EIN:

Contact Person:

Contact Email Address:

Provide a detailed description of your organization. For example, are you a school, schoolbased or affiliated entity, youth program, community based organization, etc.

Does your organization have non-profit status with the Internal Revenue Service? Yes No (If yes, attach documentation)
How long has this organization been in existence (provide date)? Is the organization located/based in Maywood or does it provide programs or services to Maywood residents? Yes No If yes, please explain.

Describe how the requested funds will be used? Attach a proposed budget. 9/23/2022
$2,500.00
Budding Artists - We are a fiscally sponsored project
of Fulcurm Arts a 501c3 public charity. 562-774-1563
PO Box 426
Lynwood, CA 90262 952540759
Dakota McMahand
[email protected]
Founded in 2018, Budding Artists serves the Los Angeles County community by providing under-resourced preschool children with transformative process-focused art experiences. Please see the attached document with more information about our organization.

October 12, 2018
In 2020 we partnered with the City of Maywood to roll out virtual Story Time, which was weekly book readings on Instagram and concluded with an art book giveaway on June 9, which we provided the city with 50 free new copies of Press Here by Herve Tullet. We received positive feedback from community members and parents from this project! On April 1, 2021 we secured $500 from Assemblymember Anthony Rendon, $500 from our budget and $2,000 from the City of Maywood Community Benefit Fund to donate 100 Process-based Art Kits to all four elementary schools in the city. Teacher feedback was positive. Winter of 2022 we provided a three week virtual winter exploration program with funds from our budget and from the community benefit fund.

Funds from this grant will be utilized to provide Maywood residents with a in person 4-course winter workshops series, designed for children ages 3 -5. This program will be free of charge to the program participants and include all required art materials. 15 children per class. See attached syllabus used during our summer exploration program for reference, each session would explore a different art form.

Cost per session which includes art materials, teaching artists fees, tech/administrative costs: $1,667.00 4-Course Winter Workshop Series: $6,667.00 - Budding Artists funds from California Arts Council: $4,167.00 Requested Amount: $2,500.00 x
x
x

Page 259 of 286 ends

What is the anticipated time-frame to provide the proposed program, service, event activity or goods and the expenditure of the requested funds?
How will the requested funds have a benefit to Maywood residents? How will the requested funds enhance the quality of life or the delivery of services for Maywood residents?
How will the requested funds provide educational opportunities for Maywood residents or students?
Has your organization previously received funding from the City of Maywood? Yes No If yes, identify the use of the funds, total amount, and fiscal year in which the funds were received.

Date: Signature:

Print Name and Title:

Date Received Eligibility Verified Date Approved Date Denied Amount Awarded
Revised 3.30.22
Funds awarded and received no later than Monday, January 2, 2023 Registration opens January 6, 2023 - January 16, 2023
Classes begin every Saturday, February 4 - 25, 2023 at Maywood YMCA Describe the organization's efforts in obtaining funding from other sources? With the support of the California Arts Council we've recently received the Creative Youth Development funding to support our winter exploration program at $4,167.00 for two years (2023 and 2024), we hope the City of Maywood will continue to support the arts and connect us to the local YMCA so we can provide in-person workshops in the city and continue investing in arts education in the community.

Based on the feedback we received from our previous winter workshops, we know these experiences are extremely meaningful for the children who participate in our programing providing critical social emotional support and so much more. Some Maywood residents participated in our Summer Exploration Program and note "There are not many programs in the area that serve the ages 3-5. We have attended past classes, and I knew that this program would be of excellent quality. I appreciate the opportunity to enroll our daughter. She loves art!" - Parent 2022 Summer Exploration Program
Providing arts education to your youngest constituents will support their mental health, social and emotional learning, language and literacy development, cognitive development, and physical development. Our data has shown even short interactions with art can have a significant impact in these areas.

Our curriculum is all designed to meet the National Core Arts Standards for pre-k: creating, connecting, responding, and presenting. We aim to deliver high-quality art experiences to young children during their most vital cognitive developmental years. We want to continue to make in investment in the arts in the city of Maywood.

Budding Artists received $2,000 in March 2021 to assist with producing 100 Process-Based Art kits.

Budding Artists received $2,500 in January 2021 to provide our virtual 2022 Winter Exploration Program to Maywood Residents x
x
Dakota McMahand, Founder & Executive Director Budding Artists Robert Crouch, Executive & Artistic Director Fulcrum Arts September 23, 2022

Page 260 of 286 ends

2022 City of Maywood: Community Benefit Fund Grant Application

1. Provide a detailed description of your organization. For example, are you a school, school-based or affiliated entity, youth program, community based organization, etc.

Budding Artists seeks to stimulate a more inclusive and creative global society by providing transformative process-focused art experiences to pre-kindergarten children in under-resourced communities.

Our pedagogy is to implement an interdisciplinary creative teaching philosophy rooted in the Reggio Emilia approach, and process-based art experiences. The Reggio Emilia approach is defined as a philosophy which values the child as central to their own learning, as children are able to pursue their own interests, and revisit and build upon ideas at their own pace. This pedagogy is focused on ensuring art is treated as an expression of the child's current understanding, rather than a representation of an object. This perspective makes art a tool for creating meaning to help children build their ideas, thoughts, theories, and perspectives and to construct a new understanding of the subject. Our teaching artists design curriculum to create learning experiences that guide the conversation to promote authentic thinking, inclusivity, creativity, and problem solving which are all necessary, critical life skills needed in the STEAM fields. Our participants will experience the warmth, beauty, and passion of arts education through the following developmental areas:
• Social and emotional development - the children relax, focus, feel successful and are allowed to express their feelings
• Language and literacy development - Children may choose to discuss their art and add text to it (on their own or by dictating to a teacher)
• Cognitive development - Children compare, predict, plan, design, and problem solve • Physical development - Children use small motor skills to paint, write, glue, use clay, and make collages.

At the conclusion of our program(s), student learning is assessed and evaluated.

Our Programs: Adult Process-Based Art Workshop, Process-Based Art Kits, Baby Art Kit, Summer Exploration Program and Next Chapter Literacy Program.

Page 261 of 286 ends

Ѵ1ulu|vĽ
l;u];Cv1-Ѵvromvouv_brruo]u-lruob7;vvrrou|ķu;vou1;vķ-m7 orrou|mbঞ;v|o-0uo-7vr;1|ulo=bm7;r;m7;m|-uঞv|vķ1oѴѴ;1ঞ;vķ-m7vl-ѴѴ -u|vou]-mb-ঞomvĺu]o-Ѵbv|oruob7;-uঞv|vb|_|_;m;1;vv-u|ooѴv|o1u;-|; -vv|-bm-0Ѵ;ru-1ঞ1;_bѴ;-ѴѴobm]|_;l|ou;l-bmbm7;r;m7;m|ķ7m-lb1ķ-m7 u;vromvb;|o|_;;;u1_-m]bm]vo1b-Ѵ-m7;1omolb11om|;|vbm_b1_|_;Ѵb; -m7ouhĺ
77bm]uঞv|vv;;hv|ovঞlѴ-|;-lou;bm1Ѵvb;-m71u;-ঞ;]Ѵo0-Ѵvo1b;| 0ruob7bm]|u-mv=oul-ঞ;ruo1;vvŊ=o1v;7-u|;r;ub;m1;v|oru;Ŋhbm7;u]-u|;m 1_bѴ7u;mbmm7;uŊu;vou1;71ollmbঞ;vĺ om-ঞomvu;1;b;70 Ѵ1ulu|vom
0;_-Ѵ=o=77bm]uঞv|v-u;|-7;71ঞ0Ѵ;|o|_;=ѴѴ;v|;;m|o=|_;Ѵ-ĺ$_;v; =m7v-u;u;v|ub1|;7=ouv;omѴ077bm]uঞv|vķ-m7-u;omѴ7bv0uv;7-||_;bu 7bv1u;ঞomĺ

Ѵ;-v;7omo|_;vb|-|;|o1om|-1|v=ou=u|_;ubm=oul-ঞom-0o||_; l;u];ruoŊ
]u-l-m7b|vvromvouv_bro=77bm]uঞv|vĺ om-ঞomv|o|_bvruof;1|-u;7;71|Ŋ b0Ѵ;|o|_;=ѴѴ;|;m|o=|_;Ѵ-ķ-m71_;1hvv_oѴ70;l-7;r--0Ѵ;|oľ Ѵ1ul
u|vĿb|_ľ77bm]uঞv|vĿbm|_;l;loѴbm;o=|_;1_;1hĺm1omvb7;u-ঞom o@;u;7|o|_bvblrou|-m|ruof;1|oѴ70;lov|-rru;1b-|;7ĺ Sincerely,
Robert Crouch

;1ঞ;-m7uঞvঞ1 bu;1|ou

Ѵ1ulu|vbv-ƔƏƐŐ1őŐƒő1_-ub|-0Ѵ;ou]-mb-ঞomķ|- ml0;uƖƔŊƑƔƓƏƕƔƖĺ www.fulcrumarts.org
145 N. RAYMOND AVE. PASADENA, CA 91103

Page 262 of 286 ends

Budding Artists partnered with South Gate Museum inaugural Cuídate / Take Care of Yourself Exhibition to facilitate two free introductory photography workshops, March 12 & 19, 2022. Young artists documented the environment using a point and shoot camera as an introduction to therapeutic photography while learning about the basic science and physics of photography and engaging in storytelling. We partnered with the Eastside Shutter Brigade to give away four new cameras.

Page 263 of 286 ends

Budding Artists activated over 150 kindergarten children at Ellen Ochoa Learning Center (Cudahy, CA) in partnership with Turnaround Arts to create over 8 murals that were conceptualized, designed and painted by the students. Planters will be filled with ornamental and edible plants. Project was completed June 8, 2022.

Page 264 of 286 ends

Budding Artists created 400 Drawing Art Kits designed for young children ages 3-5 which includes art materials for three activities:
sandpaper art, resist watercolor painting and shape exploration. All activities are linked to VAPA learning standards. This project was funded by the California Arts Council, volunteer support from T’ena Health and Helping Hands Coffee. These art kits were donated in April 2022 to various schools and community centers in Maywood, South Gate, Lynwood, Compton, and Inglewood.

Page 265 of 286 ends

CONTINUED ON BACK

Page 266 of 286 ends

Page 267 of 286 ends

2022 Summer Exploration Program:

Exploring Art through our Five Senses
Location: Lucy Avalos Community Center, 11832 Atlantic Ave. Lynwood, CA 90262 This syllabus is subject to change due to class needs as judged by the instructors.

Educational Designer: Dakota McMahand, MA
Instructor: Bryan Arellano, BFA & Harriet Bailey, BFA
Email: [email protected]
Class Days/Time: Every Saturday, July 23 to August 27, 2022, 1pm - 2pm, 6-week program Classroom: Community Room 3
Program Description
The purpose of the Summer Exploration Program is to expose young students to process-based art as a pipeline to science, technology, engineering and mathematics (STEM) disciplines. The programs will advance knowledge, creativity, innovation, kinesthetic skills, and social-emotional assets linked to success; increase young learners’ knowledge in the art, and enrich participants' learning in other academic disciplines while implementing National Core Arts Standards and California Arts Standards for Public Schools. This year’s program theme is the five senses and at the conclusion of the program, students should be able to explain the five senses and share an experience using each one.

Learning Outcomes
Students will explore their surroundings through inquiry-based studio practice from the lens of all five senses: touch, taste, smell, sight, and hearing through various art forms as a STEAM practice.

Young artists will explore the sensuality and beauty of color, texture, movement, lines and curves, and space through encounters with a wide range of art media and materials.

Young artists will be able to describe all five senses through experiences throughout the summer program. A litany of questions and provocations will be asked of the young artists for them to explore answers to which include:
- What does that “art material” feel like? -Touch
- Can you describe the smell of these flowers? -Smell
- Look at how the colors mix together! What do you see happening? -Process - What sound does the art material make when you use them? - Hearing - While you’re taking photos what do you see around you? - Sight - What possible flavors do these colors represent? - Taste Young artists will experience the warmth and beauty of arts education through the following developmental areas:

1. Social and emotional development - children relax, focus, feel a sense of accomplishment, feel successful, and are allowed and encouraged to express their feelings

2. Language and literacy development - children may choose to discuss their art and add text to it (on their own or by dictating to a teacher); exposure to new words through weekly art book readings and discussions.

3. Cognitive development - children compare, predict, plan, design, and problem solve

Page 268 of 286 ends

4. Physical development - children use small motor skills to paint, write, glue, use clay, use scissors,and make collages.

Required Materials
Young artists will be provided with all required art materials free of charge, which is a part of our mission to ensure arts education is accessible to all. Caregivers will be asked to purchase a Budding Artists t-shirt which will function as a smock. The purchase of the t-shirt is not a required item.

Classroom Protocol
Young artists are expected to arrive on time, be potty trained, and dressed in clothing which is safe for messy work. Parents/guardians will be asked to allow children to work independently in the studio at the start of the second session.

To complete program registration, parents/guardians will be required to fill out the documents listed below and submit them via email at [email protected] or in-person 20 minutes before the first day of class.

Additional Registration Documents:
● Participant Waiver
○ Includes Media Release – To ensure our program remains tuition-free, we ask that all parents/guardians give Budding Artists permission to document their child’s summer experience. Our pictures and video footage will be shared with potential donors and used in our marketing materials for program funding.
● Additional Parent/Guardian Pick-up Form (optional)
Drop-off and Pick-up Policy
All participants must be dropped off 10 minutes before the beginning of each class. Parents/Guardians will be required to sign their child in and out of the program for each session. We will only release your child to the person designated in our registration system. To permit additional people to pick up your child, please complete the additional parent/guardian pick-up form. Participants must be picked up on time, no later than 5 minutes after the class has ended or there will be a penalty late charge of $5.00 for every 5 minutes that your child remains in our care.

Attendance
The Summer Exploration program is six weeks in length. It is imperative that your child arrives on time and attends each session. If an unforeseen circumstance arises in which your child will not be able to participate in a class session, please call us as soon as possible at (562)774-1563. Additionally, if your child misses more than two class sessions, your child will be dropped from the program.

Location Policies
Parking is free and available. Security and city staff will be available and on site during the duration of the program. For more information about the location, please visit:
https://www.cityofinglewood.org/Facilities/Facility/Details/Rogers-Park-10

Page 269 of 286 ends

Accommodations
Budding Artists is committed to creating a learning environment that meets the needs of its diverse young artists. If you anticipate your child may have any issue related to the format, materials, or requirements of the program, please contact us at (562)774-1563, so we can explore potential options.

Students with disabilities are encouraged to participate in our programming and we are happy to discuss a range of options to remove any barriers in the program.

Projects
Young artists will complete photography and collage work, experiment with clay, create clay sculptures/push pots, and create sun prints. Student work will be exhibited during our annual culminating exhibition.

Daily Outline
Week # Date Topic / Activities Parent/Guardian
Engagement Notes
One Saturday, July
23, 2022 at
10am
Introduction to Sight: Photography

1. Explore the environment using a point and shoot
camera as an introduction to therapeutic
photography. Participants will learn about the basic
science and physics of photography and engage in
storytelling.

2. BIPOC Artist: Star Montana

3. Book Reading:
- Baby Loves the Five Senses: Sight! By Ruth
Spiro

4. Maker Space: Magnetic tiles, Microscope, and other
STEAM explorations
Photography For
Kids: What Kids
Learn When
They’re Behind
The Camera
Two Saturday, July
30, 2022 at
10am
Introduction to Taste: Field Trip to Cayton
Children’s Museum

1. Explore the world using descriptive and expressive
words and art-making.

2. Snack exploration associating color and taste
Why play?
Three Saturday,
August 6,
2022 at 10am
Introduction to Sound: Painting and Collage

1. Explore “sound painting” with primary colors and
movement; the gestures of sound painting language
are signed using the syntax of who, what, how, and
when; students will revisit photos taken in week one

2. BIPOC Artist: Dexter Gordon

3. Book Reading:
- Niko Draws a Feeling by Robert Raczka

4. Maker Space: Magnetic tiles, Microscope, and other
STEAM explorations
Why learning
shapes and colors
is so important?

Page 270 of 286 ends

Four Saturday,
August 13,
2022 at 10am
Introduction to Touch: Clay

1. Explore texture and experiment with earthy material; engage with self-directed play with material

2. BIPOC Artist: Kenesha Sneed

3. Book Reading: Baby Loves the Five Senses: Touch! by
Ruth Spiro

4. Maker Space: Magnetic tiles, Microscope, and other
STEAM explorations
Why playing with
clay is great for
your child’s
development?
Five Saturday,
August 20,
2022 at 10am
Continuation of Touch: Clay Push Pots/Clay
Sculpting

1. Explore texture and experiment with earthy material; engage with self-directed play with material

2. BIPOC Artist: Eunbi Cho

3. Book Reading:
- Many Shapes of Clay: A Story of Healing by
Kenesha Sneed

4. Maker Space: Magnetic tiles, Microscope, and other
STEAM explorations
Art Benefits and
Why Clay Art is
Great for
Children
Six Saturday,
August 27,
2022 at 10am
Introduction to Smell: Sun Printing w/Nature

1. Explore smells and image creation through sun prints made by using organic materials found in nature
(leaves, flowers, plants, etc.)

2. BIPOC Artist: Kimberly Halyburton Fuster

3. Book Reading:
- Anywhere Artist by Nikki Slade Robinson

4. Maker Space: Magnetic tiles, Microscope, and other
STEAM explorations
The Benefits of
Using Natural
Resources in
Children’s Play
Seven Date Pending
Location:TBD
Culminating Exhibition

1. Share and talk about personal artwork

2. Identify reasons for saving and displaying objects,
artifacts, and artwork
The benefits of
displaying your
child’s artwork

Page 271 of 286 ends

CITY OF MAYWOOD

COMMUNITY BENEFIT FUND

GUIDELINES AND PROCEDURES
1 Rev. 2/2022
I. BACKGROUND
The City of Maywood has established a “Community Benefit Fund” to support community based programs and activities.

C. Restrictions and Ineligible Organizations.

1. Grants shall not be used for religious activities or political campaigning purposes or activities.

2. A non-profit entity, a school or school-based/affiliated organization or other City-based organizations such as athletic organizations or community groups that have

Page 272 of 286 ends

2 Rev. 2/2022

CITY OF MAYWOOD

COMMUNITY BENEFIT FUND

D. City Projects. This policy does not preclude the City from undertaking and funding projects on its own initiative that would be a benefit to the community.

C. General Information.

1. Applicants may apply for funds during any application cycle.

Notwithstanding, funds must be requested and spent during the same fiscal year in which the award was approved by the City Council.

2. Organizations may submit only one application per fiscal year.

3. Funding to an Eligible Organization will not constitute a precedent for contributions in subsequent fiscal years.

Page 273 of 286 ends

CITY OF MAYWOOD

COMMUNITY BENEFIT FUND

VI. POST AWARD REQUIREMENTS
A. Agreement. All Eligible Organizations elected to receive funds will be required to sign and execute an agreement with the City of Maywood.

Page 274 of 286 ends

CITY OF MAYWOOD

COMMUNITY BENEFIT FUND

GUIDELINES AND PROCEDURES
4 Rev. 2/2022
pass-through the goods or services to the Eligible Organization rather than provide the funding.

E. Failure to Abide by Policy. The failure of an Eligible Organization to abide by this Policy will result in the Eligible Organization being denied for funding in the future.

Page 275 of 286 ends

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 12.

DATE: October 12, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: CALVIN KO, ASSISTANT PLANNER
SUBJECT: CONSIDERATION OF APPROVAL FOR ISSUANCE OF A SPECIAL EVENT PERMIT TO ST. ROSE OF LIMA SCHOOL LOCATED AT 4422 E. 60TH STREET FOR AN

ANNUAL FUNDRAISER AND DIRECTION REGARDING CONDITIONS OF

APPROVAL AS RECOMMENDED IN THE REPORT
RECOMMENDATION:

Staff recommends that City Council consider approving the issuance of a special event permit for the annual fund-raising event at St. Rose of Lima School located at 4422 E. 60th Street and provide staff regarding the recommended conditions of approval.

BACKGROUND:

September 28, 2010, marked the 80th anniversary of St. Rose Lima School opening as a learning center.

Currently, St. Rose Lima School has striven to promote excellence in instruction and a positive atmosphere of hope for the future of its students. Students experience physical, cultural, intellectual, social, spiritual, and moral growth in an atmosphere conducive to effective education coupled with high academic standards and school-wide structures and procedures.

St. Rose of Lima School will be holding their annual event to assist with funding various school activities at its school location on the south side of East 60th Street between Pine Avenue and Clarkson Avenue. The event is typically open to the public and they do not have an entrance fee. The fundraiser was held last year, with similar events and on-site parking, but did not provide mechanical rides. The City of Maywood did not receive any concerns or complaints from the surrounding neighborhood.

Section 5-15.02 of the Maywood Municipal Code requires City Council approval to issue permits for an organized assemblage of seventy-five (75) or more persons at any public place, property, or facility which is to gather for a common purpose under the direction or control of a person. The fundraiser typically has 4,000 attendees during the 3-day event.

DISCUSSION:

This year, the school will be hosting a carnival with mechanical rides, stage performances, booth activities, and no on-site parking. St. Rose of Lima School again will be expecting an estimated four thousand (4,000) participants during the course of the event. The surrounding neighborhood will experience increased

Page 276 of 286 ends

congestion during the event dates due to no on-site parking. The event scheduling is as follows:
 Event set up: Monday October 31- Thursday, November 3  Event: Friday, November 4th from 6 PM to 11 PM
 Event: Saturday, November 5th from 10 AM to 11 PM
 Event: Sunday, November 6th from 8 AM to 10 PM
 Event take down: November 7-9
All events will be held within school grounds. The school will be hosting stalls to sell food and various carnival games. There will be no food preparation on-site, as all food has been prepared prior to the event. The school will be providing additional sanitation facilities on the event grounds. The event will host up to six (6) carnival rides, while still providing first responder emergency access.

St. Rose of Lima School has not indicated on-site parking or security for the event grounds. Staff has provided recommended conditions of approval as follows:
 Provide a site plan indicating the size and location of all tents, tarps, stage for possible permitting issuance.
 The site must be in full compliance with the approved plan(s), including but not limited to the location of generators, booths, and stage.
 Amplified sound system to only be used until 10 PM, in accordance with the City of Maywood Municipal Code Noise Ordinance. Section: 5-23.07
 Must obtain written inspection and approval from appropriate agencies.  The sale of alcoholic beverages on the subject property is prohibited at all times.  All Health Department approvals required for the sale and serving of food shall be obtained not less than two days prior to the start of the event.
 The Carnival Event area shall be cordoned off from vehicle traffic.  Approved cable bridges shall be provided for electrical cables where subject to physical damage.  Generators and other internal combustion power sources shall be separated from tents or structures by not less than 20 feet and shall be isolated (e.g. protected by physical barriers such as fencing, enclosure, or other approved means) from contact with the public.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

There will be no fiscal impact made to the City.

ATTACHMENT(S)

1. 4422 E. 60th St. - St. Rose of Lima School Special Event Permit

Page 277 of 286 ends

Page 278 of 286 ends

Page 279 of 286 ends

Page 280 of 286 ends

Page 281 of 286 ends

Page 282 of 286 ends

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 13.

DATE: October 12, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: SHIRLEY QUINONES, EXECUTIVE ASSISTANT/DEPUTY CITY CLERK SUBJECT: DISCUSSION AND DIRECTION REGARDING THE OPTIONS TO CONDUCT THE

CITY'S LEGISLATIVE BODY MEETINGS IN A HYBIRD INCLUDING IN PERSON

FORMAT, IN-PERSON OR VIRTUAL-TELECONFERENCE FORMAT AND
RECONSIDERATION OF THE CIRCUMSTANCES OF THE COVID-19 STATE OF

EMERGENCY TO CONTINUE TO HOLD MEETINGS VIA TELECONFERENCEING AND MAKING THE FINDINGS PURUSANT TO GOVERNMENT 54953(E)(3) RECOMMENDATION:

Staff recommends the City Council: (i) provide direction to staff on the format of its legislative body meetings whether hybrid, in-person or virtual-teleconference; and (ii) adopt a motion finding that the City Council has reconsidered the circumstances of the state of emergency and find that the state of emergency continues to directly impact the ability of the members of the City’s legislative bodies to meet safely in person, and the State and County of Los Angeles officials continue to recommend measures to promote social distancing and therefore, the legislative body meetings of the City may continue in a virtual teleconference format in compliance with Government Code Section 54953(e).

BACKGROUND:

The City Council has met remotely throughout the pandemic to protect the health and safety of the public and staff. At the September 28, 2022 City Council meeting, the City Council directed staff to bring back options with regard to a return to in-person City Council meetings. The Council's direction would apply to all legislative bodies of the City.

DISCUSSION:

At this time, there are several options for the City Council's consideration. The City Council may wish to consider the following: (i) a hybrid meeting with an in-person component that can include opening the chambers to the public; (ii) resume in-person meetings as in pre-pandemic days including the opening of the chambers to the public; or (iii) continue with the current AB 361 format. Each option is explained more in detail below, including some of the factors that should be considered when making that determination.

Option 1- Hybrid Meetings
Several cities have begun to hold hybrid city council meetings. A hybrid meeting involves members of the City Council participating in person (as they did pre-pandemic), opening up the City Council Chambers to allow

Page 283 of 286 ends

members of the public to attend meetings in person and last, the City continues to record the meeting by zoom and members of the public can participate virtually (i.e watch the meeting as well as provide public comment).

Under this option, there are a number of cities that hold hybrid meetings but have also adopted the AB 361 findings to keep the flexibility of the virtual-teleconference format for both the City and the City Council.

Accordingly, under this option, the City Council may continue to reconsider the circumstances of the current COVID-19 state of emergency and adopt findings to allow the city’s legislative bodies to meet remotely. This does not prohibit the City Council from meeting in person or re-opening the chambers to the public. Rather, doing so will allow the City to make adjustments if needed should there be a surge in the virus that would present imminent risks to the health and safety of the public or if members of the legislative bodies have a health issue or are sick and are not able to attend the Council meetings in person. This also ensures the continuation of the City’s business so that City Council (or commission) meetings would not have to be cancelled should there be members who are ill and a quorum is not available to meet in person.

If the City Council decides not to adopt the AB 361 findings and there is a council member that is ill or is unable to be in the chambers in person or if there is a new COVID surge, the default teleconferencing rules would apply. Those rules require that the teleconference location (i.e. address) be posted on the agenda and the teleconference location open to the public so that members of the public can participate at that teleconference location. This, however, would require advance notice because regular meeting agendas are required to be posted 72 hours in advance.

The staff has considered the logistics of hybrid meetings and has outlined recommendations below. Staff is seeking feedback from the Council if it would like to transition to hybrid meetings and, if so, how the Council would like staff to implement hybrid meetings.

COVID-19 Protocols
 In accordance with the latest Los Angeles County Health Officer Order, masks would not be required for Councilmembers, staff, and members of the public attending the meeting. In addition, while there are no mandatory social distancing or capacity restrictions, Los Angeles County and Cal OSHA continue to recommend that steps be taken to reduce crowding indoors and encourage physical distancing.
 If the Council would like additional safety precautions put in place, such as social distancing signage or Plexiglas dividers between the Councilmembers, the dias has been modified to accommodate these requests.

Audio/Visual Technical Issues
 Hybrid meetings will require the use of a computer and monitors, which the Council Chambers have been modified to run the live stream component of the meeting.  The live video of the meeting will be streamed through a live stream platform for the remote participants, but running the meeting’s broadcast feed through this additional equipment will cause a short delay that may be noticeable when remote participants are called to speak.

Public Comment
 To make it simpler to locate speakers either in chambers or on a video platform and reduce associated time delays, staff recommends having separate speaker sign-up processes for in-person and remote participants. It is also recommended that all in-person speakers be called first to allow remote participants time to indicate that they would like to speak and work out any technical difficulties.  During virtual meetings, the City has asked participants who indicate their intent to speak by raising their hand in Zoom. If the council wishes to implement hybrid meetings in this manner, staff would provide directions for this process on the website as it already does on the face of the agenda.

Page 284 of 286 ends

Option 2 - In-Person Meetings
The second option is to return to public meetings as they were pre-pandemic. The City will comply with all provisions of the law.

If a member of the legislative body is unable to attend the meeting in person, the Brown Act allows teleconference meetings if they comply with the following specifications:
 The teleconference location is listed on the agenda and is accessible to the public;  The agenda is posted at the teleconference location;
 All votes are taken by roll call, and;
 At least a quorum of the members of the legislative body are located within the boundaries of the jurisdiction (§ 54953(b).

Many of the current benefits that have been realized from the past two years of virtual teleconferences will not continue, such as:
 The public participation will be in-person only and not remotely.  Council, Public, Staff, and others will be required to be on site.  The meeting would be broadcast only through a video platform; which will soon be through the City's website, CivicClerk module.

Option 3 - Virtual Teleconference
The last option is to continue with AB 361 compliant virtual teleconference meetings. As the Council has done in the past, the Council would continue to reassess the state of emergency and make the findings required by AB 361 every 30 days. In this format:
 Meetings will continue to be streamed live through a video platform.  Councilmember teleconference locations are not required to be listed on the agenda or accessible.  All votes are taken by roll call.
 Public participation will be done remotely.

Conclusion on Format of Meetings
In conclusion, the staff has reviewed the main considerations of hybrid and in-person meeting options and is requesting direction from the Council on how to proceed. Staff anticipates that if the City Council returns to inperson meetings (and due to the notice required for some public hearings), if direction is given the earliest possible in-person meeting date would be the first City Council meeting in November (November 9, 2022).

AB 361 Findings
Staff is requesting that the City Council reassess the state of emergency and continue to make the findings required to meet in a virtual-teleconference format. Depending on the direction given on the format of future legislative body meetings, Staff will determine whether we need to return to the Council to make these findings in the future.

As discussed in previous reports, the City has met remotely throughout the pandemic. Since the September 28, 2022 City Council meeting when this item was discussed, the factual circumstances still exist for the City's legislative bodies to continue to hold meetings pursuant to AB 361 enabling local public agencies to continue to use teleconferencing without complying with certain Brown Act provisions related to teleconferencing.

Currently, although the COVID rates are steady, the Los Angeles County Department of Public Health is

Page 285 of 286 ends

encouraging residents to get their booster shot to fend off what could be another jump in transmission of the virus as more people mingle indoors -- a setting conducive to infection. The County reported that recent testing of COVID-19 samples has shown a discernable increase in a number of new variants of the virus, most notably a variant known as BA.4.6, which is increasing. They have also detected three samples of a variant that has been able to avoid current vaccinations that has been spreading in parts of Asia and Europe.

Accordingly, transmission still remains contagious, with increased risk for the elderly, the unvaccinated, people with serious health conditions, and workers in close contact with others. Cal OSHA Emergency Temporary Standards continue to recognize the importance of social distancing and state that the fact that particles containing the virus can travel more than six feet, especially indoors, training and instruction should be given to employees in that regard as well as inform them that physical distancing, face coverings, increased ventilation indoors, and respiratory protection decrease the spread of COVID-19 and are most effective when used in combination. Based on the research conducted since the last City Council meeting, the factual circumstances exist for the City’s legislative bodies to continue to hold meetings pursuant to AB 361.

By reconsidering the circumstances of the state of emergency created by the COVID-19 pandemic and finding that the state of emergency continues to directly impact the ability of the members to meet safely in person and that state and local officials continue to recommend measures to promote social distancing, the public meetings of the City can continue to be conducted by teleconference (i.e. Zoom) for the next 30 days pursuant to Section 54953(e)(3).

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

There is no fiscal impact associated with this recommended action.

ATTACHMENT(S)

Page 286 of 286 ends

Maywood City CouncilOctober 12, 2022

Maywood City Council
October 12, 2022