Maywood City Council
December 14, 2022

AGENDA

REGULAR MEETING OF THE MAYWOOD CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY

REDEVELOPMENT AGENCY
(IN-PERSON AND VIDEO-CONFERENCING)
WEDNESDAY, DECEMBER 14, 2022 AT 7:00 PM

Maywood City Council Chambers
4319 E. Slauson Avenue, Maywood, CA 90270
www.cityofmaywood.com
I. CALL TO ORDER/ROLL CALL

CALL TO ORDER

ROLL CALL
II. CITY OFFICIALS
MAYOR
Heber Marquez

MAYOR PRO TEM
Frank Garcia

COUNCIL MEMBERS
Eduardo De La Riva
Ricardo Lara
Jessica Torres

CITY CLERK
Andrea Aguilar

CITY TREASURER
Mary Mariscal

CITY MANAGER
Jennifer E. Vasquez

CITY ATTORNEY
Roxanne Diaz
III. MEETING PROCEDURES
PUBLIC ADVISORY:This meeting will be conducted in person and by video-conferencing pursuant to the provisions of Government Code Section 54953(e) (as amended by AB 361), which authorizes teleconferenced meetings under the Brown Act in compliance with Government Code Section 54953(e) during a proclaimed State of Emergency. For this meeting, it will be conducted through a hybrid combination of in-person and/or virtual attendance of the five members of the City Council and invited staff at City Hall in the City Council Chambers located at 4319 E.

Slauson Avenue and via teleconference using the Zoom platform and broadcasted live on the City’s Facebook page. The public may participate in person and or by using the virtual platform

(Zoom).

Public Participation options:

1. In-Person - Council Chambers located at 4319 E. Slauson Avenue, Maywood, CA

2. Zoom: Please click the link below to join the webinar:
https://us02web.zoom.us/j/87901227259?pwd=WXFnWlUyNWZFc1B2azllSTI4a3Y3Zz09 Passcode: 683970
Public Comment using a virtual platform: join in through the link provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public participation period for agenda items or during the public participation period for non-agenda items. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number.

3. Phone: 1-669-900-6833 Enter Meeting ID: 879 0122 7259 Passcode: 683970 Public Comment for those joining by phone, use the “raise hand” feature by pressing *9 during the public participation period for agenda items or during the public participation period for nonagenda items.

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

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

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

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

1. MINUTES OF NOVEMBER 9, 2022 CITY COUNCIL MEETING

2. MINUTES OF NOVEMBER 23, 2022 SPECIAL CITY COUNCIL MEETING

3. RESOLUTION NO. 6273 OF THE CITY COUNCIL OF THE CITY OF MAYWOOD AND

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY REDEVELOPMENT

AGENCY APPROVING THE WARRANTS FOR PAYMENT

4. REVENUE REPORT JULY 2022 - OCTOBER 2022

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

EMERGENCY AND DETERMINE THAT THE CITY WILL CONTINUE TO HOLD

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

6. ACCEPTANCE OF TRANSPORTATION DEVELOPMENT ACT (TDA) PEDESTRIAN

IMPROVEMENT PROJECT

7. ACCEPTANCE OF AQUATIC CENTER POOL REPLASTERING PROJECT

8. CONSIDERATION AND ADOPTION OF RESOLUTION NO. 6274, A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF MAYWOOD, CALIFORNIA, APPOINTING A

MEMBER AND ALTERNATE MEMBERS TO THE LOS ANGELES GATEWAY REGION

INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY (GWMA) GOVERNING BOARD

9. CONSIDERATION OF ADOPTING RESOLUTION NO. 6275 AND APPROVING THE

STATE DEPARTMENT OF PARKS AND RECREATIONS SPECIFIED GRANT FUNDS FROM THE STATE OF CALIFORNIA BUDGET ACT 2022/23 FOR THE CITY OF

MAYWOOD RIVERFRONT RENOVATION PROJECT

10. CONSIDERATION OF AUTHORIZING THE ISSUANCE OF A REQUEST FOR

PROPOSAL (RFP) FOR THE RANDOLPH AVENUE BEAUTIFICATION PROJECT FOR

TECHNICAL PROFESSIONAL ASSISTANCE SERVICES

11. INTRODUCTION OF UNCODIFIED ORDINANCE NO. 22-03 REPEALING ORDINANCE NO. 16-01 REGARDING THE DATE AND TIME OF REGULAR CITY COUNCIL

MEETINGS
VII. DISCUSSION/ACTION ITEMS RELATED TO GENERAL MUNICIPAL ELECTION OF NOVEMBER 8, 2022.

12. RESOLUTION NO. 6276 OF THE CITY OF MAYWOOD CERTIFYING AND DECLARING

THE RESULTS OF THE GENERAL MUNICIPAL ELECTION CONDUCTED ON NOVEMBER 8, 2022

13. CONSIDERATION OF APPROVAL OF RESOLUTION NO. 6277, ADOPTING AND

APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE

CITY OF MAYWOOD AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME), DISTRICT COUNCIL 36, LOCAL 4319, AND A BUDGET AMENDMENT APPROVAL IN AN AMOUNT OF $53,283.97.

VIII. PRESENTATION

RECOGNITION OF SERVICE AND PLAQUE PRESENTATION TO MAYOR MARQUEZ FOR

SERVING AS MAYOR

RECOGNITION OF SERVICE AND PLAQUE PRESENTATION TO COUNCILMEMBER RICARDO LARA

ADMINISTRATION OF OATHS OF OFFICE AND PRESENTATION OF CERTIFICATES OF

ELECTION
IX. REORGANIZATION

14. MAYOR/CHAIR AND MAYOR PRO-TEM/VICE CHAIR SELECTION
X. PUBLIC HEARING

15. ADOPTION OF RESOLUTION NO. 6278 FOR THE FORMATION OF UNDERGROUND UTILITIES DISTRICT NO. 22-1 FOR MAYWOOD AVENUE FROM 54TH STREET TO SOUTH OF SLAUSON AVENUE INTERSECTION, REPEALING RESOLUTION NO. 6268 AND FINDING THAT THE FORMATION OF DISTRICT NO. 22-1 IS

CATEGORICALLY EXEMPT FROM CEQA REVIEW
XI. DISCUSSION/ACTION ITEMS

16. APPOINTMENT TO THE GREATER LOS ANGELES COUNTY VECTOR CONTROL

DISTRICT (GLACVCD) BOARD OF TRUSTEES FOR TWO-YEAR OR FOUR-YEAR TERM

AT THE DISCRETION OF THE CITY COUNCIL
XII. CLOSED SESSION
XIII. PUBLIC PARTICIPATION (Non-Agenda Items; Time allotted: 3 minutes) Speakers wishing to address the City Council on a non- agenda item you may use the instructions provided in section III. MEETING PROCEDURES beginning on page 1 of this

agenda.

XIV. ADJOURNMENT - The next Regular Meeting of the Maywood City Council is Wednesday, December 28, 2022 at 7:00 p.m.

PUBLIC ACCESS TO MEETING AGENDA AND AGENDA PACKETS
I, _______________________________, Andrea Aguilar, City Clerk or Shirley Quinones, Deputy City Clerk, hereby certify that this agenda was duly posted by law at 4319 E. Slauson Avenue, Maywood, CA 90270 and the City Website. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the Maywood City Hall, 4319 E.

Slauson Avenue, Maywood CA 90270. If you challenge in court any discussion or action taken concerning an item on this Agenda, you may be limited to rising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting. In compliance with the ADA, if you need special assistance for the meeting, call (323) 562-5723 within 72 hours prior to the meeting so the City can make reasonable arrangements to ensure accessibility.

AGENDA 1
ITEM NO. _____

MINUTES

REGULAR MEETING OF THE MAYWOOD CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY

REDEVELOPMENT AGENCY
(IN-PERSON AND VIDEO-CONFERENCING)
WEDNESDAY, NOVEMBER 9, 2022 AT 7:00 PM
I. CALL TO ORDER/ROLL CALL
Mayor Marquez called to order at approximately 7:02 p.m.

II. CITY OFFICIALS

MAYOR CITY CLERK
Heber Marquez (present) Andrea Aguilar (present)

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

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

Steve Fowler, Director of Building and Planning (present) Anthony Rainey, Interim Finance Director (teleconference) Shirley Quiñones, Deputy City Clerk (present)
III. MEETING PROCEDURES
PUBLIC ADVISORY: This meeting was conducted in person and by video-conferencing pursuant to the provisions of Government Code Section 54953(e) (as amended by AB 361), which authorizes teleconferenced meetings under the Brown Act in compliance with Government Code Section 54953(e) during a proclaimed State of Emergency.

OBSERVERS WERE ABLE TO VIEW THE MEETING IN-PERSON AND LIVESTREAMED VIA THE CITY’S FACEBOOK AT: https://www.facebook.com/cityofmaywood OR BY ZOOM AT: Teleconference 1-669-900-6833 Meeting ID: 860 4176 3406 Passcode: 495346 or https://us02web.zoom.us/j/86041763406?pwd=cEJNTUZycnJWTWgvT01vY1BIbVJzZz09

Passcode: 495346 Live real-time verbal public comments were made by members of the public in-person or by joining the meeting via the Zoom platform.

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

V. PUBLIC PARTICIPATION (Agenda Items; Time allotted: 3 minutes) The following spoke on Agenda items:
1) Heather Wilson
VI. PRESENTATIONS
2022 HALLOWEEN HOME DECORATING COMPETITION
Mayor Marquez recognized the winners of the Maywood's 2022 Halloween Home Decorating Competition: First Place winner, Yoshira Rico, Second Place Winner, Rico Frausto and Third Place winner, Jordan Johnson.

VII. PUBLIC HEARING - None
VIII. CONSENT CALENDAR

1. MINUTES OF OCTOBER 12, 2022 CITY COUNCIL MEETING
Motion to approve the Minutes of October 12, 2022 City Council Meeting by De La Riva. Second by Lara. AYES: De La Riva, Lara, Garcia, Marquez. ABSENT:

Torres PASSES

2. RESOLUTION NO. 6272 OF THE CITY COUNCIL OF THE CITY OF MAYWOOD AND

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY REDEVELOPMENT AGENCY

APPROVING THE WARRANTS FOR PAYMENT
Motion to receive, approve and file the warrant registers, wire transfers dated 10/26/2022 through 11/09/2022, and net payrolls dated 09/25/2022 through 10/02/2022 and adopt Resolution No. 6272 approving the Warrants for Payment by De La Riva. Second by Lara. AYES: De La Riva, Lara, Garcia, Marquez. ABSENT: Torres PASSES

3. REVENUE REPORT JULY - SEPTEMBER 2022
Motion to receive and file the Revenue Report from July - September 2022 by De La Riva. Second by Lara. AYES: De La Riva, Lara, Garcia, Marquez. ABSENT:

Torres PASSES

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

EMERGENCY AND DETERMINE THAT THE CITY WILL CONTINUE TO HOLD

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

Motion to adopt the 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) by De La Riva. Second by Lara. AYES: De La Riva, Lara, Garcia, Marquez. ABSENT:

Torres PASSES

5. CONSIDERATION OF THE PROCUREMENT AND REPLACEMENT OF NEW HVAC (HEATING, VENTILATION, AIR CONDITIONING) AT A) CITY HALL, B) SHERRIF

SHARED FACILITIES AND B) YMCA THROUGH BUYBOARD NATIONAL PURCHASING

COOPERATIVE
Motion to 1) Authorize the purchase, replacement and installation of one HVAC at City Hall, four (4) HVAC units at the Sheriff Shared Facility and two (2) HVAC units at YMCA Facility through BuyBoard National Purchasing Cooperative; and 2) Appropriate $155,045 from the local rescue plan fund for the purchase and replace of the one HVAC at City Hall, four (4) HVAC units at the Sheriff Shared Facility and two (2) HVAC units at YMCA Facility and up to 15% contingencies and project management; and 3) Authorize the City Manager to sign the procurement documents and any other documents required to facilitate the purchase and installation by De La Riva. Second by Lara. AYES: De La Riva, Lara, Garcia, Marquez. ABSENT: Torres PASSES

6. CONSIDERATION OF AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF

MAYWOOD AND THE LOS ANGELES NEIGHBORHOOD LAND TRUST FOR THE

PARAMETERS REGARDING THE DEVELOPMENT AND CONSTRUCTION OF

IMPROVEMENTS TO CERTAIN EXISTING OR NEW PARKS IN THE CITY OF

MAYWOOD
Motion to approve the Amendment to the Agreement between the City of Maywood and the Los Angeles Neighborhood Land Trust for the parameters regarding the development and construction of improvements to certain existing or new parks in the City of Maywood by De La Riva. Second by Lara. AYES: De La Riva, Lara, Garcia, Marquez. ABSENT: Torres PASSES
IX. DISCUSSION/ACTION ITEMS

7. CONSIDERATION TO APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF MAYWOOD AND THE COUNTY OF LOS ANGELES TO SUPPORT

BROADBAND CONNECTIVITY AND ADDRESS THE DIGITAL DIVIDE

Motion to (i) approve a Memorandum of Understanding (MOU) between the City and the County of Los Angeles to support broadband connectivity and address the digital divide in the form finalized by the City Manager and City Attorney; and (ii) authorize the City Manager and City Attorney to make non-substantive changes and execute all related documents by De La Riva. Second by Lara.

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

8. CONSIDERATION TO APPROVE THE COMMUNITY SERVICES MANAGEMENT SOFTWARE PROGRAM “CIVICREC” TO HELP MANAGE FIELD RENTALS, PROGRAMMING, AND VOLUNTEER OPPORTUNITIES.

Motion to (i) appropriate $7,888.00 from the Local Fiscal Recovery Fund for CivicRec annual fee and implementation to help manage field rentals, programing, and volunteer management; and (ii) authorize the City Manager to sign the procurement documents in the form finalized by the City Manager and City Attorney by De La Riva. Second by Lara. AYES: De La Riva, Lara, Garcia, Marquez. ABSENT: Torres PASSES
X. CLOSED SESSION
None
XI. PUBLIC PARTICIPATION (Non-Agenda Items; Time allotted: 3 minutes) The following spoke on Non-Agenda items:
1) Maria Iniguez
2) Veronica Guardado
3) Javier Gonzalez
4) Ricard Acosta
5) Heather Wilson
XII. ADJOURNMENT
Meeting adjourned at approximately 8:14 p.m. to the next meeting of the Maywood City Council, Wednesday, November 23, 2022 at 7:00 p.m.
_______________________________________
Heber Marquez, Mayor
ATTEST:
________________________________
Andrea Aguilar, City Clerk

AGENDA 2
ITEM NO. _____

MINUTES

SPECIAL MEETING OF THE MAYWOOD CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY

REDEVELOPMENT AGENCY
WEDNESDAY, NOVEMBER 23, 2022 AT 1:00 PM
I. CALL TO ORDER/ROLL CALL
Mayor Marquez called to order at approximately 1:06 p.m.

II. CITY OFFICIALS

MAYOR CITY CLERK
Heber Marquez (present) Andrea Aguilar (absent)

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

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

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

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

Teleconference 1-669-900-6833 Meeting ID: 851 1622 4094 Passcode: 557540 or
https://us02web.zoom.us/j/85116224094?pwd=K3VqM0duSTdUb1VYbUNYVUVibFREZz09

Passcode: 557540
Live real-time verbal public comments were made by members of the public joining the meeting via the Zoom platform.

IV. PUBLIC PARTICIPATION (Agenda Items; Time allotted: 3 minutes) None
V. CONSENT CALENDAR

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

EMERGENCY AND DETERMINE THAT THE CITY WILL CONTINUE TO HOLD MEETINGS

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

Motion to adopt the 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) by De La Riva. Second by Mayor Pro Tem Garcia. AYES: De La Riva, Torres, Garcia, Marquez. ABSENT: Lara PASSES
VI. ADJOURNMENT
Meeting adjourned at approximately 1:12 p.m. to the next meeting of the Maywood City Council, Wednesday, December 14, 2022 at 7:00 p.m.
_______________________________________
Heber Marquez, Mayor
ATTEST:
________________________________
Shirley Quiñones, Deputy City Clerk

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 3.

DATE: December 14, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: ANTHONY RAINEY, DIRECTOR OF FINANCE
SUBJECT: RESOLUTION NO. 6273 OF THE CITY COUNCIL OF THE CITY OF MAYWOOD AND

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY REDEVELOPMENT

AGENCY APPROVING THE WARRANTS FOR PAYMENT
RECOMMENDATION:

It is staff's recommendation that the City Council receive, approve and file the warrant registers, wire transfers dated 11/03/2022 through 12/14/2022, and net payrolls dated 10/23/2022 through 11/19/2022 and adopt Resolution 6273 approving Warrants for Payment.

BACKGROUND:

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

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

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

DISCUSSION:

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

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

A1.1 Prepayments – pre-paying allows the City to take advantage of allowable prompt payment discounts and make payments on due dates of invoices. This involves the issuance of checks prior to final warrant approval. Automated Clearing House (ACH) transactions are made using a network that electronically moves money between the City’s bank accounts to a payee’s bank account. This is reflected in the Summary Warrants for Payment and Wire Transfers/ACH Transactions as Accounts Payable prepaid warrants for payment. Wire Transfer is a method of electronic funds transfer from the City of Maywood to one person or organization (payrolls and fees for electronic transfers).

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

B - DOCUMENTATION – The City uses a Management Control by producing a summary document (Exhibit A - Summary Warrants for Payment and Wire Transfers/ACH transactions) that represents the cash disbursements required and the City uses an Internal Control by producing a detailed document (Exhibit B – Detail Warrants for Payment) that details information about each check issued for Prepaids and or to-be-paid for Regular Payments. These “disbursements” are accounted for in the FY 2022-23 budget.

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

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

C. HIGHER PAYMENTS AND OUTLAYS. As Warrants are typically presented for review and approval at each City Council meeting, when the number of meetings is reduced, then the total amounts of payments and outlays are higher.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

Total warrants, transfers, and wires issued (net of any voided payments) and checks issued during the period of 11/03/2022 through 12/14/2022 are $2,114,648.91.

F.Y. 22-23 Impact: $1,617,070.06 plus $497,578.85
= $2,114,648.91
Current F.Y. Budget: 2022/2023
ACCOUNTS PAYABLE:

Fund Impacted:
100 - General Fund $1,139,556.28
212 - Gas Tax Fund $ 47,788.72
214 - Bikeway Fund $ 39,790.62
216 - SB-1 Road Maintenance
Rehabilitation Act Fund $ 145.03
221 - Proposition A Fund $ 72,906.54
222 - Proposition C Fund $ 14,537.86
243 - Community Development
Block Grant (CDBG) Fund $ 26,309.40
251 - Street Light Fund $ 62,014.52
261 - Grants Fund $ 150,998.09
273 - Local Fiscal Recovery
Fund $ 47,000.00
280 - Measure W Fund $ 14,537.00
412 - Sewer Enterprise Fund $ 1,486.00
------------------------------------------------------------------

ACCOUNTS PAYABLE
SUB-TOTAL $ 1,617,070.06

WIRE TRANSFERS/ACH TRANSACTION
SUB - TOTAL $ 497,578.85
Budget adjustment requested: None
Source of funds: 100, 212,214,216, 221,222,
243,251, 261, 280 and 412
Account Number: Various

ATTACHMENT(S)

1. Exhibit A Summary Warrant Demand 12.14.22

2. Exhibit B Warrant Register Detail 12.14.22

AGENDA ITEM No. 3.

RESOLUTION NO. 6273

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MAYWOOD AND SUCCESSOR AGENCY TO THE MAYWOOD

COMMUNITY REDEVELOPMENT AGENCY APPROVING THE

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

NOW, THEREFORE, BE IT RESOLVED, that the listed Warrants and Wire Transfers/Automated Clearing House (ACH) Transactions for $2,114,648.91 are hereby ratified:
 Exhibit A – Summary of Warrants and Wire Transfers/ACH Transactions  Exhibit B – Detail of Warrants
PASSED, APPROVED AND ADOPTED THIS 14th day of December, 2022. _______________________
Heber Marquez, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Andrea Aguilar, City Clerk Roxanne Diaz, City Attorney

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF MAYWOOD )
I, Andrea Aguilar , City Clerk of the City Council of the City of Maywood, do hereby certify that foregoing Resolution No. 6273 was duly passed and adopted by the City Council of the City of Maywood, at a regular meeting of the City Council held on the 14th day of December, 2022 by the following roll call vote, to wit:

AYES:

NAYES:

ABSENT:

ABSTAINED:
_________________________
Andrea Aguilar, City Clerk

City of Maywood
Summary Warrants for Payment and Wire Transfers/ACH Transactions Council Meeting Date
Wednesday, December 14, 2022
Accounts Payable Amount
Accounts Payable prepaid warrants for payment: Checks No. 090162 - 090241 $ 623,476.49 Accounts Payable regular warrants for payment: Checks No. 090242 - 090302 $ 993,593.57 Sub-total $ 1,617,070.06
Wire Transfers/ACH Transactions
11/03/22 CalPERS Health Premium November 2022 $ 25,955.61 11/03/22 CalPERS Unfunded Liability Payment Plan - Safety & Misc. Employees - November 2022 $ 9,872.83 11/08/22 8x8 Inc - Monthly Phone Maintenance $ 631.58
11/09/22 California Joint Powers Insurance Authority (CJPIA) repayment plan agreement - November 2022 $ 22,355.58 11/10/22 Payroll Pay Period 10/23/2022 - 11/5/2022 $ 44,455.29 11/15/22 US Bank - Analysis Service Charge $ 1,194.96
11/16/22 CalPERS Employer Contribution 10/9/2022 - 10/22/2022 $ 7,090.57 11/16/22 CalPERS Employer Contribution 10/23/2022 - 11/5/2022 $ 7,089.20 11/17/22 US Bank - Acct#221984000 Interest on Pension Obligation Bonds $ 292,365.93 11/18/22 ADP Payroll Fees $ 381.94
11/24/22 Payroll Pay Period 11/6/2022 - 11/19/2022 $ 44,655.65 11/29/22 State Compensation Insurance Fund - Workers Comp Ins Surcharge Policy 9143213 $ 5,181.33 12/01/22 US Bank - Merchant Fees $ 519.94
12/02/22 CalPERS Health Premium December 2022 $ 25,955.61 12/02/22 CalPERS Unfunded Liability Payment Plan - Safety & Misc. Employees - December 2022 $ 9,872.83 Sub-total $ 497,578.85
Total Demands $ 2,114,648.91

City of Maywood
Detail Warrants for Payment
Warrants No. 090159 to 090302
1 of 13 ]
Check No. Prepaids Date Vendor Name Check Amt Transaction Description Fund 090159 VOID - Misprint
090160 VOID - Misprint
090161 VOID - Misprint
090162 P 11/16/2022 CoreLogic Solutions LLC. 168.73 Property Finder Services for September 2022 General Fund - 100 090163 P 11/16/2022 Mil Flores Design 150.00 Wreath for Veterans Day Event General Fund - 100 090164 P 11/16/2022 U.S. Bank Corporate Payment
System
6,460.80 Acct#4246044555755283 Credit Card 10-17-22 Stmt General Fund - 100 090165 P 11/23/2022 Amazon Capital Services 648.73 Halloween Event Supplies Office / Meeting Supplies
Office/Calendar Supplies
Sign Holder for Community Services
Supplies for Veterans Day Event
General Fund - 100
090166 P 11/23/2022 Modern IT, Inc. dba Advanced
Microcomputing Concepts, Inc.
6,983.43 Monthly IT Services Fee (Prorated) - October 2022 Replacement Laptop/Software-S Quinones
General Fund - 100
090167 P 11/23/2022 Thomas A. Rodriguez dba
American Elevator Co
695.00 Elevator work at the YMCA General Fund - 100
090168 P 11/23/2022 AT&T 27.48 Emergency Elevator Services from 10/01/22 to 10/31/22 General Fund - 100 090169 P 11/23/2022 California Consulting Inc. 3,500.00 Grant Writing Services Monthly Retainer - November 2022 General Fund - 100 090170 P 11/23/2022 Arturo Sanchez dba Calmex
Graphics
424.86 Business Cards for Staff (J Gomez/C Ko) General Fund - 100 090171 P 11/23/2022 Charter Communications
Holdings, LLC
631.80 Internet and Phone Services - November 2022 General Fund - 100 090172 P 11/23/2022 County of L.A. Dept. of Animal
Control
7,936.42 Animal Control Services for September 2022 General Fund - 100

City of Maywood
Detail Warrants for Payment
Warrants No. 090159 to 090302
2 of 13 ]
090176 P 11/23/2022 Crosstown Electrical & Data Inc. 32,298.11 3646 54th St - Streetlight blacked out - September 2022 Slauson & Heliotrope - Pole hit, ped head and visors damaged - Sept 2022
3921 57th-Safety/Street Light out - March 2022
4343 55th-Street light out - March 2022
4419 60th-Replace Pull Box Lid - March 2022
4433 60th-Replaced Pull Box Lid - March 2022
4516 56th-Safety/Street Lights out - March 2022
4534 58th-Safety/Street Light out - March 2022
4718 57th - Streetlights blacked out - September 2022
4731 57th - Streetlight blacked out - September 2022
4755 Slauson-Broken Pull Box Lid - March 2022
4961 59th-Street light out - March 2022
5031 60th St-Street light wiring vandalized - March 2022 55th & Pine-NWC & NEC Wiring Vandalized - March 2022
Atlantic & 57th-WB NWC Pole Knocked Down - March 2022
Maywood & 55th - Street Lights out - September 2022
57th & Atlantic to King - Streetlights out - September 2022 Preventative Maintenance - September and October 2022
Slauson & Everett - NB NEC Repair Red LED - September 2022 Street Light Fund - 251
090177 P 11/23/2022 Dapeer, Rosenblit & Litvak, LLP 731.14 Code Enforcement Legal Services - September 2022 General Fund - 100 090178 P 11/23/2022 Dave and Frank Automotive 73.28 VIN#1N4BZ0CP5HC308062 Replacement Tire VIN#1N4BZ0CPXHC308459 Repair Tire Leak
General Fund - 100
090179 P 11/23/2022 Dewey Pest Control 141.00 October 2022 Pest Control Service General Fund - 100 090180 P 11/23/2022 Marco Tulio Mancia Caballero
dba Elim HVAC
3,600.00 AC Repairs at Daycare at Maywood Park General Fund - 100 090181 P 11/23/2022 EMPLOYMENT DEVELOPMENT
DEPT
4,045.48 Unemployment Benefit Liability - 7/1/22 to 9/30/22 General Fund - 100 Check No. Prepaids Date Vendor Name Check Amt Transaction Description Fund

City of Maywood
Detail Warrants for Payment
Warrants No. 090159 to 090302
3 of 13 ]
090182 P 11/23/2022 Environmental Science Associates 1,925.00 Prof Services for Climate in Action/Resilency Plan - Sept 2022 Grants Fund - 261 090183 P 11/23/2022 Expert Building Maintenance LLC 8,500.00 City Hall/Police Dept Additional Janitorial Services - Oct 2022 City Hall/Police Dept and Parks Janitorial Services - Oct 2022 General Fund - 100
090184 P 11/23/2022 George Hills Company 454.50 City Claims / Adjuster - October 2022 General Fund - 100 090185 P 11/23/2022 Gerald Gomez 20.00 J. Gomez Parking Reimbursement - 10-28-22 General Fund - 100 090186 P 11/23/2022 Graffiti Protective Coatings 20,517.33 Graffiti Removal Bus Shelter Maint - September 2022 Citywide Graffiti Removal - September 2022
Prop C Fund - 222
CDBG - 243
090187 P 11/23/2022 HdL Software LLC 1,207.29 New Accounts Processed - October 2022 Permits Software Quarterly Use Fee-09/01/22 to 11/30/22 General Fund - 100
090188 P 11/23/2022 Myers & Sons Hi-Way Safety Inc. 878.51 Banding and Buckles for Christmas Decorations Dodger Dream field sign
Sign straps
General Fund - 100
090189 P 11/23/2022 Hinderliter de Llamas & Assoc. 16,500.00 Cannabis Management Plan - September 2022 General Fund - 100 090190 P 11/23/2022 Home Depot Commercial Acct Pro 240.62 Building Janitorial Supplies General Fund - 100 090191 P 11/23/2022 Infinity Technologies 3,680.00 Final Monthly IT Services - October 2022 General Fund - 100 090192 P 11/23/2022 Innovative Fence Inc. 15,072.75 Employee Parking Lot Rolling Gate Work Installation of Metal Cages at water spigot and water main valve
Repairs to Employee Parking Lot Rolling Gate
Temporary Fencing at Riverfront Park
General Fund - 100
090193 P 11/23/2022 Interwest Consulting Group 4,336.28 Building & Safety Plan Review Services for September 2022 Plan Review Services for September 2022
General Fund - 100
090194 P 11/23/2022 JCL Traffic Services 1,171.65 Temporary NO PARKING signs General Fund - 100 Check No. Prepaids Date Vendor Name Check Amt Transaction Description Fund

City of Maywood
Detail Warrants for Payment
Warrants No. 090159 to 090302
4 of 13 ]
090195 P 11/23/2022 KOA Corporation 18,446.02 Active Transportation Plan - September 2022 Active Transportation Plan-Aug 2022
Grants Fund - 261
090196 P 11/23/2022 L.B. Johnson Hardware #1 1,074.14 Air Compressor Batteries & zip ties
Blue Tarp
Cement bags and drill bits
Concrete Bag for anchors
Flex Seal for Sheriff's roof
Padlock Latch for Riverfront Park back room
Padlock Latch for Riverfront Park Janitor Room at the
restroom
PVC Sleeve to cover achors
PW supplies and materials
Restroom items
Supplies for Trunk-or-Treat Event
General Fund - 100
090197 P 11/23/2022 LACMTA FILE #54924-0 2,104.00 September 2022 Metro TAP Cards Prop C Fund - 222 090198 P 11/23/2022 LGP Equipment Rentals 585.00 Equipment rental for Haz-Mat Testing (Asbestos and Lead) General Fund - 100 090199 P 11/23/2022 Mapcon Technologies Inc. 166.00 Building & Safety Software Monthly Fee - November 2022 Building & Safety Software Monthly Fee - October 2022
General Fund - 100
090200 P 11/23/2022 Maywood Car Wash 328.99 Fuel and Car Wash for City Vehicles - September 2022 General Fund - 100 090201 P 11/23/2022 Maywood Mutual Water No.1 668.80 3530 E. Slauson Ave. 08/22/22 to 10/18/22 3630 E. Slauson Ave. 08/22/22 to 10/18/22
3728 E. Slauson Ave. 08/22/22 to 10/18/22
4400 E. Slauson Ave. 08/22/22 to 10/18/22
5921 Atlantic Ave. 08/22/22 to 10/18/22
5961 Atlantic Ave. 08/22/22 to 10/18/22
6027 Atlantic Ave. 08/22/22 to 10/18/22
6135 Atlantic Ave. 08/22/22 to 10/18/22
General Fund - 100
Check No. Prepaids Date Vendor Name Check Amt Transaction Description Fund

City of Maywood
Detail Warrants for Payment
Warrants No. 090159 to 090302
5 of 13 ]
090202 P 11/23/2022 Maywood Mutual Water Co. No.2 733.98 3626 E 56th/Pixley Pk 8/25/22 to 10/20/22 4301 E. Slauson Ave. 08/22/22 to 10/19/22
4323 E. Slauson Ave. 08/22/22 to 10/19/22
5313 Pine Ave. 08/24/22 to 10/20/22
5515 Maywood Ave. 08/26/22 to 10/20/22
City Hall 08/22/22 to 10/19/22
General Fund - 100
090203 P 11/23/2022 Tri-City Mutual Water Company 2,453.75 5000 Slauson Ave. 10/01/22 to 10/31/22 5950 Walker Ave 10/01/22 to 10/31/22
General Fund - 100
090204 P 11/23/2022 Metro Transit Services 36,453.27 Public Transportation & Dial-A-Ride Services - September 2022
Prop A Fund - 221
090205 P 11/23/2022 Susan Contreras dba Municipal
Waste Solutions
6,721.25 Solid Waste Consulting Services for September 2022 General Fund - 100 090206 P 11/23/2022 MV Cheng & Associates Inc. 6,067.50 Sr Acct/Acct Tech Consult Services - October 2022 General Fund - 100 090207 P 11/23/2022 North Star Landcare 11,945.25 Landscape Maintenance Services - October 2022 September 2022 Tree Maintenance
General Fund - 100
Gas Tax Fund - 212
090208 P 11/23/2022 Perez Plumbing Appliance Repair
& Contractor
1,220.00 BPUSD kitchen faucet work
Riverfront Park restroom and water fountain work
General Fund - 100
090209 P 11/23/2022 Phoenix Group Information
Systems
47,281.25 September 2022 Citation Processing FTB Intercept Letters September 2022 Permit Processing Fee
General Fund - 100
090210 P 11/23/2022 Public Restroom Company 43,585.00 Prog Pmt #4 Baseball Field Restroom Project General Fund - 100 090211 P 11/23/2022 QDoxs 118.53 Copiers Contract Base Rate Charge - 11/1/22 to 11/30/22 General Fund - 100 090212 P 11/23/2022 Radco Ice LLC dba Kona Ice 1,500.00 Tree Lighting Event Supplies General Fund - 100 090213 P 11/23/2022 Roadline Products Inc. 311.88 Repairs to Paint Sprayer General Fund - 100 090214 P 11/23/2022 Richards Watson & Gershon 17,076.28 General Legal Services - October 2022 Legal Services-Commercial Waste Services - October 2022 Legal Services-Jose Mendoza - October 2022
General Fund - 100
Check No. Prepaids Date Vendor Name Check Amt Transaction Description Fund

City of Maywood
Detail Warrants for Payment
Warrants No. 090159 to 090302
6 of 13 ]
090215 P 11/23/2022 Sanchez Awards 449.81 Name Plaques for Council Name Plates for Staff
General Fund - 100
090216 P 11/23/2022 Southeast Rio Vista YMCA 27,000.00 Southeast Rio Vista YMCA Summer Day Camp Program for Residents
Local Fiscal Recovery Fund
- 273
090217 P 11/23/2022 Sparkletts Drinking Water Corp 140.84 City Hall Office Water Service - October 2022 General Fund - 100 090218 P 11/23/2022 Stantec Planning & Landscape
Architecture
12,948.00 City of Maywood General Plan Update General Fund - 100 090219 P 11/23/2022 Staples Business Advantage 606.07 Office Supplies General Fund - 100 090220 P 11/23/2022 Sterndahl Enterprises Inc. 35,736.62 TDA Pedestrian Improvements Bikeway Fund - 214 090221 P 11/23/2022 Transtech Engineers Inc 23,980.00 Building and Safety Staff Services - August 2022 Encroachment Permits - August 2022
General Traffic Engineering & Planning - August 2022
PW Encroachment Permit Insp Serv - August 2022
CDBG Sidewalk-Curb Ramp ADA Imp FY 21-22 - August 2022
CDBG Sidewalk-Curb Ramp ADA Imp FY21-22 - July 2022
General Fund - 100
CDBG - 243
090222 P 11/23/2022 ULINE INC. 931.70 Riverfront Park BBQ grills General Fund - 100 090223 P 11/23/2022 Vernon City of 84.37 Acct#413 E Slauson/Downey Ave 08/23/22 to 09/21/22 General Fund - 100 090224 P 11/23/2022 Zumar Industries Inc. 655.85 Maywood Street Name Signs and Hardware General Fund - 100 090225 P 11/23/2022 California Waters Development,
Inc.
147,155.00 Prog Pmt #1 Aquatic Center Pool Replastering Project Prog Pmt #2 Aquatic Center Pool Replastering Proj
Grants Fund - 261
090226 P 11/23/2022 Southern California Edison 17,816.37 4801 E 58th St TTP 10/13/22 to 11/13/22 Acct#700405141156 Various Locations 10/1/22 to 10/31/22 5317 Atlantic Ave. 10/17/22 to 11/15/22
Acct# 700405260081 Evertt Ave 10/01/22 to 10/31/22
5916 King/5913 Mayflower Ave 10/07/22 to 11/07/22
General Fund - 100
Gas Tax Fund - 212
Street Lighting Fund - 251
Check No. Prepaids Date Vendor Name Check Amt Transaction Description Fund

City of Maywood
Detail Warrants for Payment
Warrants No. 090159 to 090302
7 of 13 ]
090227 P 11/23/2022 The Gas Company 76.65 4317 Slauson Ave 10/07/22 to 11/07/22 4319 Slauson Ave. 10/07/22 to 11/07/22
4323 Slauson Ave. 10/07/22 to 11/07/22
General Fund - 100
090228 P 11/30/2022 Andrea Nohemi Aguilar 300.00 December 2022 City Clerk Stipend General Fund - 100 090229 P 11/30/2022 Andres Elizalde 400.00 DJ for Tree Lighting Event on 12/02/22 General Fund - 100 090230 P 11/30/2022 Angel Villegas 698.71 Retiree Medical Reimbursement December 2022 General Fund - 100 090231 P 11/30/2022 Benefit Coordinators Corporation
(BCC)
1,994.20 Dental and Vision Benefits for December 2022 General Fund - 100 090232 P 11/30/2022 BR Party Rental 1,483.73 Stage Rental for Christmas Event General Fund - 100 090233 P 11/30/2022 Brent Talmo 698.71 Retiree Medical Reimbursement December 2022 General Fund - 100 090234 P 11/30/2022 Bruce Leflar 1,043.41 Retiree Medical Reimbursement December 2022 General Fund - 100 090235 P 11/30/2022 Christine M. Locher 232.94 Retiree Medical Reimbursement December 2022 General Fund - 100 090236 P 11/30/2022 Edward Ahrens 1,290.56 Retiree Medical Reimbursement December 2022 General Fund - 100 090237 P 11/30/2022 Mary Mariscal 50.00 December 2022 Treasurer Stipend General Fund - 100 090238 P 11/30/2022 Ok Printing Design & Digital Print 2,450.00 City Newsletter Printing Oct/Nov/Dec 2022 General Fund - 100 090239 P 11/30/2022 Robert Leach 1,005.00 Retiree Medical Reimbursement December 2022 General Fund - 100 090240 P 11/30/2022 Ronald Lindsey 1,096.31 Retiree Medical Reimbursement December 2022 General Fund - 100 090241 P 11/30/2022 Scott C. Anderson 1,290.56 Retiree Medical Reimbursement December 2022 General Fund - 100 090242 12/14/2022 ACC Business 824.22 Internet Services from 10/11/22 to 11/10/22 General Fund - 100 090243 12/14/2022 All Around Fire Protection 420.00 Fire Extinguisher Maintenance at City Hall, Sheriff's, and Library
General Fund - 100
090244 12/14/2022 Alta Environmental 4,743.20 Professional Services for Ms4 Permit Support - October 2022 Professional Services for Ms4 Permit Support - September 2022
General Fund - 100
Check No. Prepaids Date Vendor Name Check Amt Transaction Description Fund

City of Maywood
Detail Warrants for Payment
Warrants No. 090159 to 090302
8 of 13 ]
090245 12/14/2022 Amazon Capital Services 377.89 Christmas Event Supplies Ribbon for Cutting Ceremonies
Street Repair Tools
General Fund - 100
090246 12/14/2022 Active Universal Capital LLC 10,938.48 Crossing Guard Services - October 2022 Crossing Guard Services Maywood Elem Sch - October 2022 Gas Tax Fund - 212
090247 12/14/2022 Amigos De Los Rios 9,087.00 Watering/Park Trees 8/1/22 to 10/31/22 Watering/Street Trees 8/1/22 to 10/31/22
General Fund - 100
Gas Tax Fund - 212
090248 12/14/2022 AT&T 27.42 Emergency Elevator Phone Service from 10/10/22 to 11/09/22
General Fund - 100
090249 12/14/2022 AT & T Long Distance 43.65 Emergency Elevator Long Distance Service - October 2022 General Fund - 100 090250 12/14/2022 Cat Specialties Inc. 370.81 Patches for the Bulky Items banner Uniform shirts
General Fund - 100
090251 12/14/2022 City of Paramount 306.26 City Managers Breakfast Meeting - 10/13/22 General Fund - 100 090252 12/14/2022 CivicPlus LLC 7,888.00 Civic Plus Annual Maint & Support Fee - 11/15/22 to 11/14/23 General Fund - 100 090253 12/14/2022 Colantuono Highsmith & Whatley
PC

43.44 Under Collection of Utility User Taxes - October 2022 General Fund - 100 090254 12/14/2022 Occupational Health Centers of
CA

98.50 Pre-Employment Physical - M. Camacho General Fund - 100 090255 12/14/2022 CoreLogic Solutions LLC. 150.00 Property Finder Services for October 2022 General Fund - 100 Check No. Prepaids Date Vendor Name Check Amt Transaction Description Fund

City of Maywood
Detail Warrants for Payment
Warrants No. 090159 to 090302
9 of 13 ]
090257 12/14/2022 Crosstown Electrical & Data Inc. 24,427.17 City Hall - Conduit Work - Oct 2022 City Hall Parking Lot - Repaired Flickers Lights - Oct 2022 City Hall Parking Lot - Replaced old Fixtures/Photocells - Oct 2022
City Hall Parking Lot-Safety/Street Light Out - Oct 2022 Maywood Park - Daycare near - Bad Photocells - Oct 2022 Pixley Park - Repair Light on West Side of Park - Oct 2022 Pixley Park - Replace Fixture/Photocell - Oct 2022
Riverfront Park - Checked Park Lights - Oct 2022
60th & Alamo - NWC Safety/Street Light Out - Oct 2022
60th & Heliotrope - Safety/Street Light Out - Oct 2022
Atlantic & Slauson - Intersection in Flash - Oct 2022
Atlantic & Slauson - NWC Blacked Out LED - Oct 2022
Atlantic & Slauson - Removed Temp Service Pedestal - Oct 2022
Replacement Ameron Pole Pending Location - Oct 2022
Slauson & Loma Vista - EB SEC Ped Module Out - Oct 2022 Slauson & Maywood - Marked USA at SEC for Ped Repl - Oct 2022
Slauson & Maywood - NEC Damaged Visors on Signal - Oct
2022
General Fund - 100
Street Lighting Fund - 251
090258 12/14/2022 Matthew A. McDonald dba CSM
Consulting LLC
8,500.00 Reconfiguration of MIP Database - Final General Fund - 100 090259 12/14/2022 Dapeer, Rosenblit & Litvak, LLP 327.40 Code Enforcement Legal Services - October 2022 General Fund - 100 090260 12/14/2022 Dave and Frank Automotive 24.00 Repair Flat Tire VIN#1N4BZOCPXHC308395 General Fund - 100 090261 12/14/2022 Dewey Pest Control 141.00 November 2022 Pest Service General Fund - 100 090262 12/14/2022 Diana Cho & Associates 3,520.00 CDBG Code Enforcement Consulting - October 2022 CDBG Code Enforcement Consulting - September 2022
CDBG FY 20-21 Sidewalk Rehab Proj - September 2022
CDBG FY 21-22 Sidewalk Rehab Proj - Oct 2022
CDBG FY 21-22 Sidewalk Rehab Proj - September 2022
CDBG - 243
Check No. Prepaids Date Vendor Name Check Amt Transaction Description Fund

City of Maywood
Detail Warrants for Payment
Warrants No. 090159 to 090302
10 of 13 ]
090263 12/14/2022 GWMA 7,000.00 Gateway Water Management Authority Annual Membership Measure W Fund - 280 090264 12/14/2022 George Hills Company 1,200.00 City Claims/Adjuster Annual Admin Fee 11/01/22 to 11/30/23 General Fund - 100 090265 12/14/2022 Gerald Gomez 20.00 J. Gomez Parking Reimburse 11-14-22 General Fund - 100 090266 12/14/2022 Graffiti Protective Coatings 5,232.93 Graffiti Removal Bus Shelter - October 2022 Prop C Fund - 222 090267 12/14/2022 HdL Software LLC 1,072.29 Permits Software Quarterly Use Fee - 12/01/22 to 02/28/23 General Fund - 100 090268 12/14/2022 Myers & Sons Hi-Way Safety Inc. 222.73 Street Sweeping Signs for Randolph St General Fund - 100 Gas Tax Fund - 212
090269 12/14/2022 Home Depot Commercial Acct Pro 131.75 Marking Paint - Public Works Public Works Supplies / Materials
General Fund - 100
090270 12/14/2022 ICMA Membership Renewals 1,198.78 J. Vasquez - Membership Renewal 01/01/23 to 12/31/23 General Fund - 100 090271 12/14/2022 Identity Theft Guard Solutions
Inc.

64.95 Data Breach Response Services Membership General Fund - 100 090272 12/14/2022 Interwest Consulting Group 2,275.83 Building & Safety Plan Review - October 2022 Plan Review Services for October 2022
General Fund - 100
090273 12/14/2022 JMG Security System 2,186.95 Surveillance Camera Repair - City Hall General Fund - 100 090274 12/14/2022 Gregory Kiley dba Kiley &
Associates LLC
3,900.00 Federal Legislative Advocacy Consultant - 10/15/22 to 11/15/22
General Fund - 100
090275 12/14/2022 Kimley-Horn and Associates Inc. 619.59 Local Roadway Safety Plan Consultant - October 2022 Grants Fund - 261 Check No. Prepaids Date Vendor Name Check Amt Transaction Description Fund

City of Maywood
Detail Warrants for Payment
Warrants No. 090159 to 090302
11 of 13 ]
090276 12/14/2022 L.B. Johnson Hardware #1 734.76 Clamp and plug for PVC in floor cement slab Electrical Tape for Christmas Decorations
Flex Seal for the library roof
Henry's Tar and putty knife
Henry's Tar for sheriff's roof
PPE for Martin Camacho
Tar and Flex Seal for library roof
Wire brush
General Fund - 100
090277 12/14/2022 LACMTA FILE #54924-0 1,968.00 October 2022 Metro TAP Cards Prop C Fund - 222 090278 12/14/2022 LGP Equipment Rentals 439.43 Cement Tailer for walkway at City Hall Concrete Saw for walkway at City Hall
General Fund - 100
090279 12/14/2022 Maywood Car Wash 203.21 Fuel and Car Wash for City Vehicles - October 2022 General Fund - 100 090280 12/14/2022 Metro Transit Services 36,453.27 Public Transporation & Dial-A-Ride Services - October 2022 Prop A Fund - 221 090281 12/14/2022 Miguel Leon 165.64 M Leon - Mileage Reimburse MMASC Conference M Leon - Parking Reimburse MMASC Conference
General Fund - 100
090282 12/14/2022 Nancy Rodriguez 831.42 N Rodriguez - Conference Reimburs 11-10-22 General Fund - 100 090283 12/14/2022 National Fitness Campaign LP 1,298.50 Invoice for COM-PO2122-386 Invoice for COM-PO2122-393
Grants Fund - 261
090284 12/14/2022 Nationwide Environmental
Services
7,537.00 Sweeping Services for month of November 2022 Measure W Fund - 280 090285 12/14/2022 North Star Landcare 20,480.00 Landscape Services for Riverfront Park - Oct 2022 October 2022 Tree Maintenance Services
General Fund - 100
Gas Tax Fund - 212
090286 12/14/2022 Phoenix Group Information
Systems
27,226.34 October 2022 Citation Processing Fee
October 2022 Citation Processing FTB Intercept Letters
October 2022 Permit Processing Fee
General Fund - 100
090287 12/14/2022 Property Health Inc. 5,503.75 Pre-Demolition Regulatory Required Asbestos and Lead Identif
General Fund - 100
090288 12/14/2022 Los Angeles County Department
of Public Health

74.00 Backflow Assembly Invoice FY 22-23 General Fund - 100 Check No. Prepaids Date Vendor Name Check Amt Transaction Description Fund

City of Maywood
Detail Warrants for Payment
Warrants No. 090159 to 090302
12 of 13 ]
090289 12/14/2022 QDoxs 37.78 Contract Base Rate Charge - 11/05/22 to 12/04/22 General Fund - 100 090290 12/14/2022 R.E. Schultz Construction Inc. 88,019.61 Prog Pmt #2 Riverfront Park Fitness Court General Fund - 100 090291 12/14/2022 Richards Watson & Gershon 12,935.20 Legal Services - Cannabis Businesses - October 2022 General Fund - 100 090292 12/14/2022 SHERIFF'S DEPT COUNTY OF LOS

ANGELES
435,203.01 Public Safety Services for October 2022 General Fund - 100 090293 12/14/2022 Social Model Recovery Systems,
Inc.
20,000.00 ARPA Community Engagement Plan 3/1/22 to 10/31/22 Local Fiscal Recovery Fund - 273
090294 12/14/2022 Southern Bleacher Company Inc. 39,729.00 Bleachers for Baseball Field Project General Fund - 100 090295 12/14/2022 Sprint 455.85 Cell Phone Service from 10/24/22 to 11/23/22 General Fund - 100 090296 12/14/2022 Stantec Planning & Landscape
Architecture
106,583.36 City of Maywood General Plan Update
Project Management Housing Element
Slauson/Atlantic Proj Eng Services - August 2022
Slauson/Atlantic Proj Engin Services - July 2022
Slauson/Atlantic Proj Engineering Services - April 2022 General Fund - 100
Check No. Prepaids Date Vendor Name Check Amt Transaction Description Fund

City of Maywood
Detail Warrants for Payment
Warrants No. 090159 to 090302
13 of 13 ]
090300 12/14/2022 Transtech Engineers Inc 78,071.25 3750 E 58th PW FM PC - September 2022 5800 King LS PC - September 2022
ATP Cyc 5 Coord/Bike Master Plan Dev - August and
September 2022
Baseball Field Improvements - July, August and September 2022
Caltrans Local Assistance Manual Adoption - August 2022 CIP Slauson Ave Corridor Imp - July, August and September 2022
Clean California Grant Application - July 2022
City Engineering Services - July, August and September 2022 CIP Riverfront Pk Outdoor Equip Install CMCI - July, August and September 2022
Local Road Safety Plan (LRSP) - July, August and September 2022
HVAC Replacement Project - August and September 2022
PW Encroachment Permit Insp Serv - July, August and
September 2022
Building & Safety Services - July, August and September 2022 Encroachment Permits - August and September 2022
Trf TDA Pedestrian Improv - July, August and September 2022 CDBG Sidewalk-Curb Ramp ADA IMP FY21-22 - September
2022
Sewer Improv 52nd St, 52nd Pl & other loc - July, August and September 2022
Misc Traf, Engineer, Studies, Request, Reviews - September 2022
General Fund - 100
Gas Tax Fund - 212
Bikeway Fund - 214
CDBG - 243
Sewer Enterprise Fund -
412
090301 12/14/2022 Walters Wholesale Electric Co. 4,458.95 Reworking of 122 Photo Control Units General Fund - 100 090302 12/14/2022 Willdan Engineering 7,800.00 Prof Serv - Code Enforcement Staff - September 2022 General Fund - 100 TOTAL 1,617,070.06
Check No. Prepaids Date Vendor Name Check Amt Transaction Description Fund

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 4.

DATE: December 14, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: ANTHONY RAINEY, DIRECTOR OF FINANCE
SUBJECT: REVENUE REPORT JULY 2022 - OCTOBER 2022
RECOMMENDATION:

Staff recommends that the City Council receive and file the Revenue Report from July 2022 - October 2022.

BACKGROUND:

In an effort to maintain transparency, the City’s Finance Department prepares a monthly Revenue report for the City Council’s review. The Revenue Report is a tool used by the Council to monitor and oversee the financial health of the City. For context, October 2022 represents one-third (4 out of 12 months) of Fiscal Year 2022-2023.

DISCUSSION:

The attached analysis (see Attachment 1) compares prior YTD and current YTD Revenue The total revenue received from July - October 2022 totaled $5,906,862.90 which is 3.00% (see column E - Current YTD Prior YTD % Difference in attachment), lower than the same period last year.  GENERAL FUND - General Fund revenues are composed of three categories: 1) Tax Revenues; 2) Licenses and Permits Revenues; 3) Charges for Services Revenues; 4) Charges for Services Revenues; 5) Leases and Concessions Revenues; 5) Miscellanseous Revenues; and 6) Retiree Pension Levy Revneues. The total General Fund received totaled $1,351,773.76 (see Column entitled B - Current Fiscal Year to Date Revenue, the row entitled General Fund Revenue Totals),which is

21.74% (Column E) lower than the same period last year.

1. Tax Revenues. A tax is a compulsory monetary contribution to the City’s revenue, assessed and imposed by the City on the activities, expenditure, income, occupation, privilege, property, etc., of individuals and organizations. Tax Totals for October 2022 were 35.93% lower than the same period due primarily due to the decrease in Cannabis Sales Tax Revenue.

2. Licenses and Permits Revenues. These revenues include fees that are charges imposed on an individual for a service that the person chooses to receive. A fee may not exceed the estimated reasonable cost of providing the particular service or product for which the fee is charged, plus overhead. Fees are charged for specific services, and fee revenue may fund only those services and related expenses. Licenses and permits are types of fees allowing

for the operation of activities within the City. Licenses and Fees Totals were 68.65% greater than the same period due in part to the increases in the collection of Public Works Permit Fees and Building Permits respectively.

3. Charges for Services Revenues. These revenues were 16.71% above the same period last Fiscal Year. These revenues are charges to cover administrative costs for the provision of services of the City. This is due to the increase in Plan Check Fee revenues by nearly 25% than the same period last Fiscal Year.

4. Fines and Forfeiture Revenues. These are revenues from penalties imposed by the City in the form of money or goods for a violation of an ordinance, code, regulation or rule.

Southeast Municipal Court (SEMC) - Court Collections for the Department of Motor Vehicles (DMV) were nearly 81% higher than the same period of the prior Fiscal Year while Administrative Citations increased nearly four-fold than the same period of the prior Fiscal Year.

5. Leases and Concessions Revenues. These revenues are derived from a rent or lease or payment for the use of the City's property. These revenues were 35% higher than the prior Fiscal Year period.

6. Miscellaneous Revenues. These revenues represent a General Fund revenue that is not covered in another revenue category. These revenues were 87% higher than the same period during the prior Fiscal Year.

7. Retiree Pension Levy Revenues. These revenues are part a segment of property taxes that are collected by the Los Angles County Treasurer and Tax Collector. Remittances for Fiscal Year 2022/2023 from the County to the City occur in July 2022, December 2022, January 2023, April 2023 and May 2023.
 SPECIAL REVENUE FUND - Special Funds are revenues that must be used for the established purposes of the funds to provide an extra level of accountability and transparency. The total Special Revenue Fund received totaled $4,555,089.14, which is 4.42% higher than the same period last year.

The City received the second installment in the amount of $3,226,257.00 from the American Rescue Plan Act of 2021 (ARPA). These Funds support cities in mitigating the fiscal effects stemming from the public health emergency caused by COVID-19.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

This is a report that has no fiscal impact.

ATTACHMENT(S)

1. July - October 2022 - City of Maywood FY2022-23

C - Prior Fiscal Year to
Date Revenue
B - Current Fiscal
Year to Date Revenue
D - Current YTD
versus Prior YTD $
Difference
E - Current YTD Prior
YTD % Difference
G - Adopted Budget FY
2022-23
H - % of FY 2022-2023
YTD Revenue
Received
(C minus B) (C divided by B minus 1) (C divided by G)
GENERAL FUND TAXES: A tax is a compulsory monetary contribution to the City’s revenue, assessed and imposed by the City on the activities, Taxes: expenditure, income, occupation, privilege, property, etc., of individuals and organizations.

Franchise & Collectors Fee $396.80 $318.58 ($78.22) -19.71% $358,952.00 0.09% Property Taxes $7,356.73 $15,909.04 $8,552.31 116.25% $714,301.00 2.23% Utility Users Tax $276,598.25 $327,581.13 $50,982.88 18.43% $1,102,415.00 29.71% Transfer Tax (Real Estate) $5,262.95 $7,199.52 $1,936.57 36.80% $28,465.00 25.29% Transient Occupancy Tax $8,920.82 $4,833.43 ($4,087.39) 0.00% $68,097.00 7.10% Cannabis Sales Tax $733,671.48 $96,893.19 ($636,778.29) -86.79% $1,980,241.00 4.89% Sales Tax Revenue $415,072.53 $474,487.56 $59,415.03 14.31% $2,200,048.00 21.57% Taxes Totals $1,447,279.56 $927,222.45 ($520,057.11) -35.93% $6,452,519.00 14.37% GENERAL FUND FEES: A fee is a charge imposed on an individual for a service that the person chooses to receive. A fee may not exceed the estimated reasonable cost of providing the particular service or product for which the fee is charged, plus overhead. Fees are charged for specific services, and fee revenue may fund only those services and related expenses. LICENSES and Licenses & Permits: PERMITS are types of fees allowing for the operation within the City.

Compliance Program Fee $0.00 $0.00 $0.00 0.00% $0.00 0.00% Residential & Building Permits $5,206.02 $8,680.90 $3,474.88 66.75% $13,261.00 65.46% Public Works Permit Fees $60,815.50 $105,615.00 $44,799.50 73.66% $160,000.00 66.01% Other Fees & Permits $6,724.10 $6,669.00 ($55.10) -0.82% $26,246.00 25.41% Occupancy Permits $7,764.90 $1,822.20 ($5,942.70) -76.53% $15,000.00 12.15% Building Permits $16,524.34 $36,711.59 $20,187.25 122.17% $72,000.00 50.99% Compliance and Review Fees - Cannabis $0.00 $0.00 $0.00 0.00% $80,000.00 0.00% Commercial Cannabis Renewal $0.00 $14,850.00 $14,850.00 0.00% $0.00 0.00% Parking Permits $11,638.00 $10,347.00 ($1,291.00) -11.09% $60,000.00 17.25% Apartment License $201.25 $118.00 ($83.25) -41.37% $2,500.00 4.72% Business License $9,288.00 $14,464.69 $5,176.69 55.74% $250,324.00 5.78% Vehicle License Fee - LA County $0.00 $0.00 $0.00 0.00% $3,300,000.00 0.00% Licenses and Permits Totals $118,162.11 $199,278.38 $81,116.27 68.65% $3,979,331.00 5.01% GENERAL FUND CHARGES FOR SERVICES: Charges to cover administrative costs for the provision of services. Charges for Services:

Rubbish Assessment $0.00 $0.00 $0.00 0.00% $7,000.00 0.00%

Plan Check Fees $16,708.89 $20,827.14 $4,118.25 24.65% $70,000.00 29.75% Rents & Concessions $7,938.00 $7,938.00 $0.00 0.00% $26,000.00 30.53% Charges for Services Totals $24,646.89 $28,765.14 $4,118.25 16.71% $103,000.00 27.93% GENERAL FUND FINES AND FORFEITURES: Penalties imposed by the City in the form of money or goods for a violation of an ordinance, law, regulation Fines and Forfeitures: or rule.

Penalties: Apt & Bus License $430.50 $3,850.70 $3,420.20 0.00% $0.00 0.00% SEMC: Court Collections (DMV) $24,153.42 $43,712.65 $19,559.23 80.98% $0.00 0.00% Administrative Citations $1,100.00 $3,100.00 $2,000.00 181.82% $85,000.00 3.65% Parking Fines $65,723.04 $67,353.76 $1,630.72 2.48% $410,000.00 16.43% Fines and Forfeitures Totals $91,406.96 $118,017.11 $26,610.15 29.11% $495,000.00 23.84% GENERAL FUND LEASES AND CONCESSIONS: A rent or lease or payment for the use of a the City's property. Leases and Concessions:

Leased Property Rental Income $14,336.34 $19,386.72 $5,050.38 35.23% $50,000.00 38.77% Leases and Concessions Totals $14,336.34 $19,386.72 $5,050.38 35.23% $50,000.00 38.77% GENERAL FUND MISCELLANEOUS: A General Fund revenue not covered in another revenue category. Miscellaneous:

Good Corporate Citizen Program $0.00 $0.00 $0.00 0.00% $0.00 0.00% Interest Income $3,370.74 $37,131.31 $33,760.57 0.00% $0.00 0.00% Miscellaneous Revenue $28,165.23 $21,972.65 ($6,192.58) -21.99% $33,500.00 65.59% CARES Act Reimbursement $0.00 $0.00 $0.00 0.00% $0.00 0.00% Other (Recycle + ABx1 Reimbursement) $0.00 $0.00 $0.00 0.00% $1,200.00 0.00% Miscellaneous Revenue Totals $31,535.97 $59,103.96 $27,567.99 87.42% $34,700.00 170.33% GENERAL FUND RETIREE PENSION LEVY: An amount of revenue from the property tax levy approved by the voters for the purpose of paying the cost to Retiree Pension Levy: the City of the Public Employees Retirement System (PERS).

Retiree Pension Levy $0.00 $0.00 $0.00 0.00% $1,208,812.00 0.00% Retiree Pension Levy Totals $0.00 $0.00 $0.00 0.00% $1,208,812.00 0.00% General Fund Revenue Totals $1,727,367.83 $1,351,773.76 ($375,594.07) -21.74% $12,323,362.00 10.97% SPECIAL REVENUE FUND SPECIAL REVENUE FUND: Collections of revenues in special funds that must be used for the established purposes of the funds to provide an extra level of accountability and transparency.

Gas Tax $192,229.56 $176,785.88 ($15,443.68) -8.03% $625,200.00 28.28% Transportation Development Act (TDA)
Bikeway $0.00 $0.00 $0.00 0.00% $192,000.00 0.00%
Proposition A $234,622.19 $248,722.75 $14,100.56 6.01% $651,000.00 38.21% Proposition C $194,616.31 $207,859.28 $13,242.97 6.80% $750,000.00 27.71% Measure R $145,868.57 $154,700.96 $8,832.39 6.06% $1,184,960.00 13.06% Measure M $164,919.71 $175,112.99 $10,193.28 6.18% $1,250,000.00 14.01% Senate Bill 1 (SB 1) $98,938.13 $93,131.06 ($5,807.07) -5.87% $528,284.00 17.63% C - Prior Fiscal Year to
Date Revenue
B - Current Fiscal
Year to Date Revenue
D - Current YTD
versus Prior YTD $
Difference
E - Current YTD Prior
YTD % Difference
G - Adopted Budget FY
2022-23
H - % of FY 2022-2023
YTD Revenue
Received
(C minus B) (C divided by B minus 1) (C divided by G)

Community Development Block Grant
(CDBG) $30,356.00 $14,675.00 ($15,681.00) -51.66% $391,053.00 3.75% Air Quality Management District (AQMD)
Grant $0.00 $0.00 $0.00 0.00% $36,375.00 0.00%
Supplemental Law Enforcement Services
Fund (SLESF) Grant $74,262.08 $80,812.63 $6,550.55 0.00% $155,000.00 52.14% Measure A $0.00 $0.00 $0.00 0.00% $651,000.00 0.00%
Lighting & Landscaping $0.00 $0.00 $0.00 0.00% $308,000.00 0.00% Successor Agency Trust Fund - City of
Maywood serves as the Successor Agency
to the Maywood Redevelopment Agency
$0.00 $0.00 $0.00 0.00% $0.00 0.00%
Sewer Fund $0.00 $0.00 $0.00 0.00% $301,614.00 0.00%
Grant/Reimb (Fed/State/County) $0.00 $0.00 $0.00 0.00% $0.00 0.00% Local Fiscal Recovery Fund $3,226,257.00 $3,226,257.00 $0.00 0.00% $0.00 0.00% Measure W $0.00 $177,031.59 $177,031.59 0.00% $171,818.00 103.03% Special Revenue Totals $4,362,069.55 $4,555,089.14 $193,019.59 4.42% $7,196,304.00 63.30% Total Revenues $6,089,437.38 $5,906,862.90 ($182,574.48) -3.00% $19,519,666.00 30.26% C - Prior Fiscal Year to
Date Revenue
B - Current Fiscal
Year to Date Revenue
D - Current YTD
versus Prior YTD $
Difference
E - Current YTD Prior
YTD % Difference
G - Adopted Budget FY
2022-23
H - % of FY 2022-2023
YTD Revenue
Received
(C minus B) (C divided by B minus 1) (C divided by G)

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 5.

DATE: December 14, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: SHIRLEY QUINONES, EXECUTIVE ASSISTANT/DEPUTY CITY CLERK SUBJECT: RECONSIDERATION OF THE CIRCUMSTANCES OF THE COVID-19 STATE OF

EMERGENCY AND DETERMINE THAT THE CITY WILL CONTINUE TO HOLD

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

RECOMMENDATION:

Staff recommends that the City Council adopt a motion finding 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 that 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 November 23, 2022, City Council meeting when this item was discussed, the Council reconsidered the factual circumstances that still exist and the City Council opted to continue to hold meetings pursuant to AB361, enabling local public agencies to continue to use teleconferencing without complying with certain Brown Act provisions related to teleconferencing.

DISCUSSION:

Los Angeles County is experiencing high levels of circulating respiratory viruses, and new strains of COVID-19 appear to be gaining dominance, including BQ.1 and BQ.1.1, sublineages of BA.5. The Los Angeles County Department of Public Health strongly recommends that the public wear well-fitting respirator masks indoors while traveling, and encourages residents to get their booster shot to fend off transmission.

The County is also asking residents to stay home and away from others if sick to help reduce the rate of transmission. The County is stating that as the COVID-19 virus continues to mutate, there is a very real possibility that new variants of concern could contribute to another surge this winter, making it important that Los Angeles County residents take steps to reduce the risk for serious illness. The cases have been increasing this past week, which concerns County Public Health. County Public Health has reported over 10,000 new cases over the last three days.

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. Additionally, the Los Angeles County Department of Public Health continues to recommend that employers take steps to reduce indoor crowding and to enable employees and visitors to physically distance themselves from each other.

Based on the research conducted since the last City Council meeting, the factual circumstances exist for the City Council to continue to hold meetings pursuant to AB 361. The state of emergency is still in effect, and there are recommended measures to promote social distancing. Meeting in person continues to directly impact the ability of members to meet safely in person. 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 of Maywood can continue to be conducted in a hybrid format (Zoom and In-person) for the next 30 days.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

There is no financial impact if the City Council makes the determination under AB 361 as the City has been meeting in a remote format since the onset of the pandemic in March 2020.

ATTACHMENT(S)

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 6.

DATE: December 14, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: OKAN DEMIRCI, CITY ENGINEER
SUBJECT: ACCEPTANCE OF TRANSPORTATION DEVELOPMENT ACT (TDA) PEDESTRIAN

IMPROVEMENT PROJECT
RECOMMENDATION:

It is recommended that the City Council take the following actions: (i) accept project completion of the Transportation Development Act (TDA) Pedestrian Improvement Project as performed by Sterndahl Enterprises LLC., for a total amount of $82,700.00; (ii) authorize the City Manager to file a project Notice of Completion with the County of Los Angeles Registrar-Recorder, and (iii) authorize the City Manager to release a retention payment of $4,135.00 to Sterndahl Enterprises LLC. within 35 days following the recordation of the Notice of Completion.

BACKGROUND:

On July 13, 2022, the City Council awarded a public works contract totaling $68,900.00 to Sterndahl Enterprises LLC. for the TDA Pedestrian Improvement Project. The project construction budget also included a contingency budget of $17,225.00 (25% of the Contract) for any unforeseen conditions as necessary. The total established construction budget was $86,125.00.

Construction activities were completed by the contractor and confirmed by the City Engineer. The work was completed within the approved budget. The Notice of Completion notifies everyone who worked on a project that the project is complete. The notice includes the date the project was completed, a description of the project site or address, and the name of the contractor.

DISCUSSION:

The project includes pedestrian and traffic safety improvements, including pavement markings (crosswalk, stop line, and legend) and signage (flashing stop signs, speed limit signs) at three intersections. These intersections include Loma Vista Avenue and E 56th Street; Gifford Ave and E 58th Street; E 59th Place and Heliotrope Avenue.

All required improvements were constructed in conformance with the approved plans and specifications. The work was performed within the contractually specified duration and to the City Engineer’s satisfaction.

Construction costs totaled $82,700.00, which is within the approved construction budget.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

There is no fiscal impact associated with this action, work was completed within the previously approved budget. This project was funded through the City's allocation of Metro's Transportation Development Act Article 3 (TDA 3) funds.

ATTACHMENT(S)

1. Notice of Completion TDA Pedestrian Improvements Project

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

CITY CLERK

CITY OF MAYWOOD
4319 E Slauson Ave
Maywood, CA 90270
Free recording requested per Gov’t Code 27383 Space above this line for Recorder’s use

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion.

Notice is hereby given that:

1. The undersigned is owner and corporate officer of the owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the owner is: City of Maywood

3. The full address of the owner is: 4319 E Slauson Ave, Maywood, CA 90270

4. The nature of the interest or estate of the owner is: In Fee

5. The full names and full addresses of all persons, if any, who hold this with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES
NONE

6. The full names and fill addresses of the predecessors in interest of the undersigned. IF the property was transferred subsequent to the commencement of the work or improvements herein referred to:

NAMES ADDRESSES
NONE

7. A work of improvement on the property hereinafter described was completed on November 08, 2022. The work was: TDA Pedestrian Improvements Project

8. The name of the contract, if any, for such work of improvement was Sterndahl Enterprises LLC. . July 13, 2022
(IF NO CONTRACTOR FOR WORK OF IMPROVEMENT AS A WHOLE, INSERT ‘NONE’) (DATE OF CONTRACT)

9. The property on which the work of improvement was completed is in Maywood, County of Los Angeles, State of California, and is described as follows: City owned facility _____________________________________________________________________________

10. The street address of the property is None
(IF NO STREET ADDRESS HAS BEEN OFFICIALY ASSIGNED, INSERT ‘NONE’) Dated: _______________ _______________
(NAME)
____________________________________, City Manager
(SIGNATURE OF OWNER OR CORPORATE OFFICER OF OWNER NAMED IN PARAGRAPH 2 OR HIS AGENT)

VERIFICATION
I, the undersigned, say: I am the _______________________ of ______________________________, the declarant of the foregoing notice of completion; I have read said notice of completion and know the content thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on: ___________________, at _____________________________________________________________ (CITY) (STATE)
_____________________________________________________________________________________________ (PERSONAL SIGNATURE OF THE INDIVIDUAL WHO IS SWEARING THAT THE CONTENTS OF THE NOTICE OF COMPLETION ARE TRUE.))

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 7.

DATE: December 14, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: OKAN DEMIRCI, CITY ENGINEER
SUBJECT: ACCEPTANCE OF AQUATIC CENTER POOL REPLASTERING PROJECT RECOMMENDATION:

It is recommended that the City Council take the following actions: (i) Accept project completion for the Aquatic Center Pool Replastering Project as performed by California Waters Development Inc, doing business as (DBA) California Waters., for a total amount of $173,332.46; (ii) authorize the City Manager to file a project Notice of Completion with the County of Los Angeles Registrar-Recorder; and (iii) authorize the City Manager to release a retention payment of 8,666.62 to California Waters Development Inc, DBA California Waters. within 35 days following recordation of the Notice of Completion.

BACKGROUND:

On April 13, 2022, the City Council awarded a public works contract totaling $157,900.00 to California Waters Development Inc, DBA California Waters. for the Aquatic Center Pool Replastering Project. The project construction budget also includes contingency budget of $15,790.00 (10% of Contract) for any unforeseen conditions as necessary. The total established construction budget was $173,690.00.

Construction activities were completed by the Contractor and confirmed by the City Engineer. The work was completed within the approved budget.

DISCUSSION:

The work includes replastering of the existing swimming pool at the Aquatic Center located at 4801 E 58th St, Maywood. As part of the completed improvements, floor inlets, recessed steps, pool wall steps, main drain, and tiles were replaced, and the pool was replastered. All work was inspected by Los Angeles County Health Department and completed.

All required improvements were constructed in conformance with the approved plans and specifications. The work was performed within the contractually specified duration and to the City Engineer’s satisfaction.

Construction costs totaled $173,332.46, which is within the approved construction budget.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

There is no fiscal impact associated with this action, as work was completed within the previously approved grant-funded budget from the State of California Natural Resources Agency - General Fund Specified Grant.

ATTACHMENT(S)

1. Notice of Completion

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

CITY CLERK

CITY OF MAYWOOD
4319 E Slauson Ave
Maywood, CA 90270
Free recording requested per Gov’t Code 27383 Space above this line for Recorder’s use

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion.

Notice is hereby given that:

1. The undersigned is owner and corporate officer of the owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the owner is: City of Maywood

3. The full address of the owner is: 4319 E Slauson Ave, Maywood, CA 90270

4. The nature of the interest or estate of the owner is: In Fee

5. The full names and full addresses of all persons, if any, who hold this with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES
NONE

6. The full names and fill addresses of the predecessors in interest of the undersigned. IF the property was transferred subsequent to the commencement of the work or improvements herein referred to:

NAMES ADDRESSES
NONE

7. A work of improvement on the property hereinafter described was completed on November 22, 2022. The work was: Aquatic Center Pool Replastering Project

8. The name of the contractor, if any, for such work of improvement was California Waters Development Inc, DBA California Waters. April 13, 2022 (IF NO CONTRACTOR FOR WORK OF IMPROVEMENT AS A WHOLE, INSERT ‘NONE’) (DATE OF CONTRACT)

9. The property on which the work of improvement was completed is in Maywood, County of Los Angeles, State of California, and is described as follows: City owned facility _____________________________________________________________________________

10. The street address of the property is 4801 E 58th Street, Maywood, CA 90270 (Southeast Rio Vista YMCA at Maywood Center)
(IF NO STREET ADDRESS HAS BEEN OFFICIALY ASSIGNED, INSERT ‘NONE’) Dated: _______________ Jennifer E. Vasquez
(NAME)
____________________________________, City Manager
(SIGNATURE OF OWNER OR CORPORATE OFFICER OF OWNER NAMED IN PARAGRAPH 2 OR HIS AGENT)

VERIFICATION
I, the undersigned, say: I am the _City Manager_____ of __the City of Maywood______, the declarant of the foregoing notice of completion; I have read said notice of completion and know the content thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on: ___________________, at _____________________MAYWOOD_________________CA_________ (CITY) (STATE)
_____________________________________________________________________________________________ (PERSONAL SIGNATURE OF THE INDIVIDUAL WHO IS SWEARING THAT THE CONTENTS OF THE NOTICE OF COMPLETION ARE TRUE.))

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 8.

DATE: December 14, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: KAREN INIGUEZ, COMMUNITY DEVELOPMENT ANALYST
SUBJECT: CONSIDERATION AND ADOPTION OF RESOLUTION NO. 6274, A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF MAYWOOD, CALIFORNIA, APPOINTING A

MEMBER AND ALTERNATE MEMBERS TO THE LOS ANGELES GATEWAY REGION

INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY (GWMA) GOVERNING BOARD
RECOMMENDATION:

Staff reccomends the approval of Resolution No. 6274 appointing one primary board member and alternate board members representing the City of Maywood to the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority.

BACKGROUND:

The City of Maywood joined the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (GWMA) in October 2017.

In accordance to GWMA's Bylaws adopted on October 12, 2015, all non-Legislative Body appointments to the GWMA Board must be made by Resolution. Legislative body appointments may be done by minute order. The board meets on the second Thursday of each month at noon.

GWMA Board members and alternate Board Members serve two-year terms from October 1st of each oddnumbered year and conclude on September 20th, two years later. The draft resolution attached to this report would designate a Board member and alternate Board Members to serve continuously across successive twoyear terms such that the governing body need not re-appoint the same persons to the GWMA Board every two years unless the governing body desires to change its designated Board Member and alternate Board Members or must otherwise fill a vacancy.

DISCUSSION:

In October 2017 the City took to council the appointment of a member and alternate member to be assigned to the GWMA. However, due to staffing changes throughout the years, the City is now looking to appoint new members to attend the GWMA meetings.

The proposed Resolution appoints Gerald Gomez, the Public Works Superintendant, as the primary board member, Steve Fowler, the Director of Building and Planning, as the first alternate, and Karen Iniguez, the Community Development Analyst, as the third alternate representing the City of Maywood on the GWMA Joint

Powers Authority.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

There is no fiscal impact for this action.

ATTACHMENT(S)

AGENDA ITEM No. 8.

RESOLUTION NO. 6274

A RESOLUTION OF THE CITY OF MAYWOOD, APPOINTING A

MEMBER AND ALTERNATE(S) TO THE LOS ANGELES GATEWAY

REGION INTEGRATED REGIONAL WATER MANAGEMENT JOINT

POWERS AUTHORITY GOVERNING BOARD
WHEREAS, the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (GWMA) was formed in 2007 in response to the passage of two voter approved water bonds; Proposition 50, passed in 2002 and Proposition 84, passed in 2006; and
WHEREAS, the City Council desires to appoint Gerald Gomez as the City's appointment to the GWMA and Steve Fowler and Karen Iniguez are alternate members.

WHEREAS, each member agency shall appoint one Member and up to three Alternate Members to the Governing Board in accordance with the GWMA Bylaws; and
WHEREAS, pursuant to the GWMA Bylaws, the Member and Alternate Members appointed by this Resolution shall hold office until October 14, 2024.

WHEREAS, pursuant to the GWMA Joint Powers Agreement and the GWMA Bylaws, the Member and Alternate Member(s) shall serve two-year terms beginning October 1st of each even-numbered year.

NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF MAYWOOD DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Effective December 14, 2022, Gerald Gomez is appointed to serve as the GWMA Board Member representing the City of Maywood.

SECTION 2. Effective December 14, 2022, Steve Fowler, and Karen Iniguez are appointed to serve as alternate Board Members representing the City of Maywood.

SECTION 3. The Board Member and alternate Board Member(s) designated above shall continue in their respective positions as if re-appointed for each successive two-year term, unless the Board Member or alternate Board Member(s) is replaced by subsequent action of this legislative body or he or she ceases to be employed by the agency.

SECTION 4. The City Council hereby directs the City Clerk to email a certified copy of this resolution to the GWMA Joint Powers Authority.

PASSED, APPROVED AND ADOPTED THIS 14th day of December, 2022. _______________________
Heber Marquez, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Andrea Aguilar, City Clerk Roxanne Diaz, City Attorney

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF MAYWOOD )
I, Andrea Aguilar , City Clerk of the City Council of the City of Maywood, do hereby certify that foregoing Resolution No. 6274 was duly passed and adopted by the City Council of the City of Maywood, at a regular meeting of the City Council held on the 14th day of December 2022 by the following roll call vote, to wit:

AYES:

NAYES:

ABSENT:

ABSTAINED:
_________________________
Andrea Aguilar, City Clerk

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 9.

DATE: December 14, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: MIGUEL LEON, ADMINISTRATIVE ANALYST
SUBJECT: CONSIDERATION OF ADOPTING RESOLUTION NO. 6275 AND APPROVING THE

STATE DEPARTMENT OF PARKS AND RECREATIONS SPECIFIED GRANT FUNDS FROM THE STATE OF CALIFORNIA BUDGET ACT 2022/23 FOR THE CITY OF

MAYWOOD RIVERFRONT RENOVATION PROJECT
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 6275 approving the State Department of Parks and Recreation for Specified Grant Funds and authorizing the City Manager or designee to execute the grant agreement and accept grant conditions.

BACKGROUND:

The State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of a grant to the City of Maywood and setting up necessary procedures governing the application. The procedures established by the State Department of Parks and Recreation require the applicant’s Governing Body to certify by resolution the approval of project applications before submission of said applications to the State, and the applicant will enter into a contract with the State of California to complete projects.

As part of the 2022/23 State of California Budget Act, the State Department of Parks and Recreation is awarding a Specified Grant to the City of Maywood for $1,500,000 in grant funding for the rehabilitation of the Riverfront Park Renovation Project. These funds will be used to pay for a portion of the infrastructure and improvements at Riverfront Park.

DISCUSSION:

The Specified Grant Program is administered by California State Park's Office of Grants and Local Services (OGALS) with the primary intent of supplementing expenditure funding to improve existing or construct new park facilities for recreational purposes. Additionally, specified grant funding may also be used for acquisitions.

The grant funds would be used to pay for a section of the outdoor improvements associated with the Riverfront Park Renovation Project. Specifically, the proposed outdoor improvements directly consist of park amenities (benches, tables, lighting equipment), ADA access pathways, playground equipment, and landscaping areas.

The specified grant includes the requirements for the Council to adopt a Resolution and the following conditions:

1. The City approves the filing of project applications for specified grant projects

2. The City certifies that it has or will have available, prior to the commencement of project work utilizing specified grant funds, sufficient funds, including those provided by this grant, to complete the project

3. The City certifies that it has or will provide sufficient funds to operate and maintain the projects

4. The City certifies that it has reviewed, understands, and agrees to the Provisions contained in the contract in this Procedural Guide

5. The Council Delegates the authority to the City Manager or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope

6. The City agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines
The City of Maywood was allocated $1,500,000 in grant funding for Riverfront Park Renovation Project Improvements, and staff attended a required grant administration workshop on November 17, 2022, with (OGALS). Per the specified grant, the grant performance period is July 1, 2022 - June 30, 2026, and the resolution is due by December 2023. The project completion is due by December 2025, with project completion packets by January 2026.

The staff has reviewed the requirements and has determined that the City can comply with all grant conditions and is thus recommending the Council adopt the attached Resolution.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

There are no fiscal impacts associated with the adoption of the resolution and acceptance of specified grant project funds to the General Fund. The State funds will provide for planned projects (Riverfront Park Renovation Project) without requiring matching funds, but while local matching is not required, certain elements are not eligible for grant funding.

ATTACHMENT(S)

1. California Department of Parks and Recreation Grant Procedural Guide

2. Specified Grant Process Slides

AGENDA ITEM No. 9.

RESOLUTION NO. 6275

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MAYWOOD APPROVING APPLICATION(S) FOR SPECIFIED GRANT
FUNDS FROM THE 2022/23 CALIFORNIA STATE BUDGET,
SECTION SEC. 19.56(10)(D) $1,5000,00 FOR THE RIVERFRONT

PARK RENOVATION PROJECT
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of a grant to the City of Maywood, setting up necessary procedures governing application(s); and
WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and
WHEREAS, the applicant will enter into a contract with the State of California to complete project(s); NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Maywood hereby:

1. Approves the filing of project application(s) for specified grant project(s); and

2. Certifies that said applicant has or will have available, prior to commencement of project work utilizing specified grant funds, sufficient funds, including those provided by this grant, to complete the project; and

3. Certifies that the applicant has or will provide sufficient funds to operate and maintain the project(s); and

4. Certifies that the applicant has reviewed, understands, and agrees to the Provisions contained in the contract in the Procedural Guide; and

5. Delegates the authority to the City Manager or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the project scope(s); and

6. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of Maywood on the 14th day of December, 2022.
_______________________
Heber Marquez, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ __________________________
Andrea Aguilar, City Clerk Roxanne Diaz, City Attorney

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF MAYWOOD )
I, Andrea Aguilar , City Clerk of the City Council of the City of Maywood, the undersigned, hereby certify that the foregoing Resolution No. 6275 was duly adopted by the City Council of the City of Maywood, at a regular meeting of the City Council held on the 14th day of December, 2022 by the following roll call vote, to wit:

AYES:

NAYES:

ABSENT:

ABSTAINED:
_________________________
Andrea Aguilar, City Clerk

2022-23
Procedural Guide
For
Local Assistance Specified Grants – Capital
September 2022
State of California
The Natural Resources Agency
Department of Parks and Recreation
Office of Grants and Local Services (OGALS)
“Creating Community through People, Parks, and Programs” Send Application and correspondence to your
Administrative Project Officer listed at: www.parks.ca.gov/grants/contacts Mailing Address:

State of California
Dept. of Parks and Recreation
P.O. Box 942896
Floor 13
Sacramento, CA 94296-0001
Attn: Office of Grants and Local Services
www.parks.ca.gov/grants

GRANTEE SPECIFIED GRANT PROCEDURAL GUIDE - CAPITAL

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
Department Mission
The mission of the California Department of Parks and Recreation is to provide for the health, inspiration, and education of the people of California by helping to preserve the state’s extraordinary biological diversity, protecting its most valued natural and cultural resources, and creating opportunities for high-quality outdoor recreation.

Office of Community Engagement Mission
The mission of the Community Engagement Division is to encourage healthy communities by connecting people to parks, supporting innovative recreational opportunities, embracing diversity, fostering inclusivity, and delivering superior customer leadership through quality customer services.

The Office of Grants and Local Services (OGALS) Mission Statement The mission of the Office of Grants and Local Services is to address California’s diverse recreational, cultural and historical resource needs by developing grant programs, administering funds, offering technical assistance, building partnerships and providing leadership through quality customer service.

OGALS VISION GOALS
To Be:
 A leader among park and recreation professionals.
 Proactive in anticipating public park and recreation needs and how new legislation and grant programs could best meet these needs.
 Honest, knowledgeable, and experienced grant administration facilitators.  Sensitive to local concerns while mindful of prevailing laws, rules, and regulations.  Perceptive to opportunities for partnerships, growth and renewal where few existed before.
 Committed to providing quality customer service in every interaction and transaction.
 Responsive to the needs of applicants, GRANTEES, nonprofit organizations, local governments, legislative members, and department employees.

3 TABLE OF CONTENTS
I. INTRODUCTION ....................................................................................................... 4 II. GRANT PROCESS ................................................................................................... 4 Resolution Form......................................................................................................... 7 III. APPLICATION SECTION.......................................................................................... 8 APPLICATION PACKET checklist and directions.............................................................. 8 Additional Non-Profit Requirements......................................................................... 10 Project Application Form.......................................................................................... 11 PROJECT SCOPE/Cost Estimate Form...........................Error! Bookmark not defined.

Funding Sources Form ............................................................................................ 13 CEQA Compliance Certification Form...................................................................... 14 Development Project Eligible Costs and Rules........................................................ 15 Acquisition Projects.................................................................................................. 17 IV. CONTRACT SECTION............................................................................................ 19 Grant Contract ......................................................................................................... 19 Status Report........................................................................................................... 27 V. GRANT PAYMENT SECTION ................................................................................ 28 Payment Request Form........................................................................................... 33 Grant Expenditure Form .......................................................................................... 35 Project Completion Packet....................................................................................... 31 PROJECT COMPLETION Certification............................................................................ 36 VI. ACCOUNTING AND AUDIT SECTION................................................................... 37 Accounting Requirements........................................................................................ 37 State Audit ............................................................................................................... 37 Audit Checklist ......................................................................................................... 38 VII. DEFINITIONS.......................................................................................................... 39 Words and terms shown in SMALL CAPS in this procedural guide are defined beginning on page 39.

4 I. Introduction
This specified grant originated from a line item in the State of California Budget for fiscal year 2022-23. A resolution is required before a CONTRACT will be issued, and an approved APPLICATION PACKET is required before GRANT payments can be approved. The GRANT PERFORMANCE PERIOD is July 1, 2022 – June 30, 2026.

1. Costs incurred before or after the GRANT PERFORMANCE PERIOD are not eligible for reimbursement.

2. Costs incurred after the APPROPRIATION DATE but before OGALS approves the APPLICATION PACKET are eligible if they are consistent with the GRANT SCOPE approved by OGALS and are ELIGIBLE COSTS.

II. Grant Process
Grant Process Key Dates
• Grant Performance Period: July 1, 2022 – June 30, 2026 • Resolution: Submit by December 31, 2023
• Contract: Sign and return by January 31, 2024
• Projects Complete by December 31, 2025
• Project Completion Packets: Submit by: January 31, 2026 Grant Process Detail

1. Resolution: APPLICANT sends resolution to OGALS by December 31, 2023, to allow approval within the CONTRACT ENCUMBRANCE PERIOD, which ends June 30, 2024.

2. CONTRACT: OGALS sends CONTRACT to APPLICANT. APPLICANT becomes GRANTEE when CONTRACT is fully executed during CONTRACT ENCUMBRANCE PERIOD. a. The CONTRACT section includes a sample contract and the contract provisions.
b. The APPLICANT must return the CONTRACT signed by the AUTHORIZED REPRESENTATIVE to OGALS no later than January 31, 2024. The APPLICANT becomes a GRANTEE when the CONTRACT is signed by OGALS. c. OGALS returns a copy of the fully executed CONTRACT to the GRANTEE.

3. APPLICATION PACKET(s): The GRANTEE defines the SCOPE(s) and amount of grant funds needed for each PROJECT. As PROJECTS are identified, the GRANTEE submits individual APPLICATION PACKET(s) to OGALS. OGALS reviews each APPLICATION PACKET and sends a letter of approval to the GRANTEE or requests additional information.

After each PROJECT is approved by OGALS, OGALS will send a Status Report to the GRANTEE approximately every six months until OGALS receives a PROJECT COMPLETION PACKET. The GRANTEE must return the Status Report within thirty

5 (30) days from receipt. Payment requests will not be processed if Status Reports are overdue.

4. Payments and end of GRANT PERFORMANCE PERIOD: GRANTEE requests payments for ELIGIBLE COSTS. OGALS recommends that GRANTEE provide all PROJECT COMPLETION PACKET(S) no later than January 31, 2026. The grant payments section provides payment request instructions and forms. a. The GRANTEE may request payments after each PROJECT is approved by OGALS. GRANT funds may only be expended on ELIGIBLE COSTS incurred within the GRANT PERFORMANCE PERIOD.
b. The GRANTEE completes PROJECT SCOPE(s) and sends PROJECT COMPLETION PACKET(s) to OGALS no later than January 31, 2026.
c. The State of California receives a high volume of payment requests at the end of the fiscal year. If the PROJECT COMPLETION PACKET is received after January 31, 2026, OGALS cannot guarantee final payment by the State Controller’s Office. If the State Controller’s Office is unable to process the payment before the end of the GRANT PERFORMANCE PERIOD, the unpaid balance of grant funds will revert to the Legislature.
d. OGALS processes the final payment request after each PROJECT is complete as documented by the GRANTEE in the PROJECT COMPLETION PACKET, and as verified by OGALS when conducting a site inspection.

5. Accounting and Audit: DPR’s Audits Office may conduct an audit. The GRANTEE is required to retain all PROJECT records for five years following receipt of the final GRANT payment. The Accounting and Audit Section provides directions and an Audit Checklist for DPR audit and accounting requirements.

6 Authorizing Resolution
GRANTEE passes one resolution approving the filing of all applications associated with the CONTRACT and forwards a copy to OGALS.

The Authorizing Resolution on the following page may be reformatted; however, the language provided in the resolution must remain unchanged.

The Authorizing Resolution serves two purposes:

1. It is how the GRANTEE’S Governing Body agrees to the terms of the CONTRACT; it provides confirmation that the GRANTEE has the funding to complete, operate and maintain PROJECTS associated with the CONTRACT.

2. It designates a position title to represent the Governing Body on all matters regarding PROJECTS associated with the CONTRACT. The incumbent in this position is referred to as the AUTHORIZED REPRESENTATIVE.

The AUTHORIZED REPRESENTATIVE can delegate signatory authority to other individuals (by position title) either in entirety or for particular documents. The delegation process requires the AUTHORIZED REPRESENTATIVE to submit a letter (on letterhead) or email to OGALS delegating authority.

7 Resolution Form
Resolution No: __________________
RESOLUTION OF THE ___________ (Title of Governing Body/City Council, Board of Supervisors) OF ___________ (City, County, or District) APPROVING APPLICATION(S) FOR SPECIFIED GRANT FUNDS from Budget Act 2022/23 (Budget line item and language)
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of a grant to the [grantee name], setting up necessary procedures governing application(s); and
WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and WHEREAS, the applicant will enter into a contract with the State of California to complete project(s);
NOW, THEREFORE, BE IT RESOLVED that the ___________ (grantee’s governing body) hereby:

1. Approves the filing of project application(s) for specified grant project(s); and

2. Certifies that said applicant has or will have available, prior to commencement of project work utilizing specified grant funds, sufficient funds, including those provided by this grant, to complete the project; and

3. Certifies that the applicant has or will provide sufficient funds to operate and maintain the project(s); and

4. Certifies that the applicant has reviewed, understands, and agrees to the Provisions contained in the contract in this Procedural Guide; and

5. Delegates the authority to the ___________ (designated position, not name of person occupying position), or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the project scope(s); and

6. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

Approved and adopted the _____day of ______________, 20_______.

I, the undersigned, hereby certify that the foregoing Resolution Number_____ was duly adopted by the ___________ (grantee’s governing body) following a roll call vote:

Ayes:

Noes:

Absent: __________________________
(Clerk)

8 III. APPLICATION SECTION • GRANTEE may submit multiple APPLICATION PACKETS to OGALS. • Provide the APPLICATION PACKET items in the order shown in the following checklist.
• Please number the pages.
• If a checklist item is not applicable to the PROJECT, provide a brief explanation. • If an application item is incomplete send a draft with a timeline for completion.

Application packet checklist and directions
GRANTEES must complete the checklist below and submit it with the APPLICATION PACKET.

An APPLICATION PACKET is not complete unless all items on the checklist are submitted.

Each PROJECT requires its own APPLICATION PACKET. Check if included Check if not applicable Application Item
Procedural
Guide
Page #
Check when
signed by

AUTHORIZED

REPRESENTATIVE
Application
Packet
Page #
Application Packet Checklist
Digital file name: checklist.pdf Pg. 8 Pg._____
Application
Digital file name: application.pdf Pg. 11 Pg._____
Project Scope/Cost Estimate
Digital file name: costestimate.pdf Pg. 12 Pg._____
Funding Sources Form
Digital file name: fundingsources.pdf Pg. 13
CEQA Compliance Certification
Digital file name: ceqa.pdf Pg. 14 Pg._____
Acquisition Requirements
Digital file names: acqscope.pdf & acqdocs.pdf Pg. 17 Pg._____ Land Tenure documentation
Digital file names: ownership.pdf or
nonownership.pdf
Pg. 9 Pg._____
Sub-Leases or Agreements
Digital file name: otheragreements.pdf Pg. 9 Pg._____
Site Plan
Digital file name: siteplan.pdf Pg. 9 Pg._____
PROJECT Location Map
Digital file name: map.pdf Pg. 9 Pg. _____

9 Site Plan
• Provide a drawing showing where each feature and support amenity listed in the Project Scope/Cost Estimate Form will be located.
• Include the function and approximate square footage of each room within buildings that are part of the project SCOPE, and the approximate total square footage of the buildings.

Land Tenure and Site Control
If the property is owned in fee simple by the APPLICANT, provide one of the following:
• Deed or deed recordation number
• Title report
• Tract map (if owner’s name provided)
If the property is not owned in fee simple, provide the lease, easement, joint powers agreement, etc.

Sub-leases or Agreements
Provide a list of all other leases, agreements, memoranda of understanding, etc., affecting PROJECT property or its operation and maintenance, or California Environmental Quality Act (CEQA)
The APPLICANT should check with its local city or county planning agency for CEQA compliance information.
• If CEQA is complete: provide the CEQA Compliance Certification Form and its required attachment, filed and stamped by the County Recorder. • If CEQA is not complete: provide a timeline for completion and state “completing CEQA is a Project Scope Item.”
PROJECT Location Map
Provide a map showing highway and street access to the PROJECT site.

10 Additional Non-Profit Requirements
Fidelity Bond (For Non-profit grantees only)
Non-profit GRANTEES must provide a copy of a current Fidelity Bond policy to their PROJECT OFFICERS before OGALS will approve any payment requests. The premium for a Fidelity Bond is an eligible cost.

A Fidelity Bond provides insurance covering fraudulent acts of GRANTEES’ employees, volunteers, officers, and directors. The GRANTEE is the insured party. DPR must be named as a Third-Party Loss Payee. OGALS address is State of California, Dept. of Parks and Recreation, P.O. Box 942896, Floor 13, Sacramento, CA 94296-0001, Attn:

Office of Grants and Local Services.

Coverage must be at least equal to the GRANT amount. Fidelity Bond insurance must be kept current for at least six months after the date of the final GRANT payment.

GRANTEES may obtain the Fidelity Bond through a general liability carrier, a major casualty insurance carrier, or a bonds specialty company. There are Fidelity Bond frequently asked questions available on the OGALS web site.

Competitive Solicitation Process (For non-profit grantees only)

1. Non-profit GRANTEE must attempt to obtain three bids for services greater than $5,000 and for construction work greater than $25,000.

2. To ensure bidders understand the required PROJECT elements, the non-profit GRANTEE provides each bidder (potential contractor) the same written invitation for bid describing the PROJECT work to be performed based on “Best Value” factors, and the required PROJECT elements based on the Project Scope/Cost Estimate Form, and concept level site plan.

3. Solicit bids by contacting at least three potential contractors or by invitation for bids advertising, or a combination of both methods.

The non-profit GRANTEE’s Board of Directors evaluates the bids to determine which contractor will provide the “best value” and will meet PROJECT requirements. “Best value” should be determined by price, quality of materials, equipment, and workmanship. The evaluation process must ensure no conflict of interest between the contractor and the non-profit GRANTEE’s Board of Directors. The non-profit GRANTEE’s Board of Directors need not necessarily accept the lowest bid, but a reasonable justification for the decision should be recorded in writing.

4. The Board of Directors selects a contractor and awards a contract.

5. For audit purposes, the GRANTEE keeps records of Steps 1 – 4 above.

Competitive Solicitation Requirement
The non-profit GRANTEE may request a waiver of the competitive solicitation process requirement. To request a waiver, the GRANTEE must send a written request to the PROJECT OFFICER assigned to the GRANT PROJECT and explain why a waiver is required.

11 State of California – The Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Project Application Form

PROJECT NAME REQUESTED GRANT AMOUNT
$
PROJECT SITE NAME and PHYSICAL ADDRESS where
PROJECT is located (including zip code)
(Use latitude and longitude if there is no street address) LAND TENURE ( all that apply)
Owned in fee simple by APPLICANT
Available (or will be available) under
a _________year lease or easement

NEAREST CROSS STREET

COUNTY OF PROJECT LOCATION

APPLICANT NAME AND MAILING ADDRESS

AUTHORIZED REPRESENTATIVE AS SHOWN IN RESOLUTION
___________________________________________________________________________________ Name (typed or printed) and Title Email address Phone
GRANT CONTACT - For administration of grant (if different from AUTHORIZED REPRESENTATIVE) ___________________________________________________________________________________ Name (typed or printed) and Title Email address Phone
GRANT SCOPE: I represent and warrant that this APPLICATION PACKET describes the intended use of the requested GRANT to complete the items listed in the attached Project Scope/Cost Estimate Form. I declare under penalty of perjury, under the laws of the State of California, that the information contained in this APPLICATION PACKET, including required attachments, is accurate. ____________________
Signature of AUTHORIZED REPRESENTATIVE as shown in Resolution Date Print Name
Title

12 Project Scope/Cost Estimate Form
GRANTEE: PROJECT Name
Grant Scope (Describe the project in 30 words or less):

GRANT SCOPE ITEMS
ACQUISITION: List each parcel number, acreage, estimated date of purchase and cost.

DEVELOPMENT: List each major project element and major support amenity. Estimated Cost $
$
$
$
$
$
$
$
$
$
$
$
$
Total GRANT amount: $
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
The APPLICANT understands that this form will be used to establish ELIGIBLE COSTS, and that all of the items listed on this form must be completed before the final PROJECT payment is processed as specified in the Final Payments section of this guide.

13 State of California – The Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Funding Sources
Grantee Name:_______________________________________
Project Name:________________________________________
PROJECTs funded by the program are not complete until all SCOPE items are complete and open to the public.

If Specified GRANT funds will be used as part of the funding for a larger project, briefly describe the scope of that larger project:

The total cost of the larger project that these GRANT funds will contribute to is $____________
Anticipated completion date: _________________
List all funds that will be used:

Funding source Date Committed Amount
State of California 2022-23 Budget Act July 1, 2022 $
I represent and warrant that I have fully authority to execute this Funding Sources Form on behalf of the GRANTEE. I declare under penalty of perjury, under the laws of the State of California, that this Funding Sources Form, and any accompanying documents, for the above-mentioned grant is true and correct to the best of my knowledge.

AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
NOTE: Submit a revised Funding Sources Form should funding sources be modified.

14 State of California – The Resources Agency

DEPARTMENT OF PARKS AND RECREATION
CEQA Compliance Certification Form
GRANTEE:

Project Name:

Project Address:

Is CEQA complete? Yes No Is completing CEQA a PROJECT SCOPE item? Yes No What document was filed, or is expected to be filed for this project’s CEQA analysis:
__________________________________
Date complete/expected to be completed: ___________________  Notice of Exemption (attach recorded copy if filed)
 Notice of Determination (attach recorded copy if filed)  Other:

If CEQA is complete, and a Notice of Exemption or Notice of Determination was not filed, attach a letter from the Lead Agency explaining why, certifying the project has complied with CEQA and noting the date that the project was approved by the Lead Agency.

Lead Agency Contact Information
Agency Name:

Contact Person:

Mailing Address:

Phone: ( ) Email:

Certification:

I hereby certify that the above referenced Lead Agency has complied or will comply with the California Environmental Quality Act (CEQA) and that the project is described in adequate and sufficient detail to allow the project’s construction or acquisition.

I further certify that the CEQA analysis for this project encompasses all aspects of the work to be completed with grant funds.

AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title

FOR OGALS USE ONLY
CEQA Document Date Received PO Initials
NOE NOD

15 Development Projects
Development Project Rules

1. Contracted work must comply with the provisions of §1771.5 of the State Labor Code.

2. GRANTEE must have adequate liability insurance, performance bond, or other security necessary to protect the State and GRANTEE’S interest against poor workmanship, fraud, or other potential loss associated with the completion of the PROJECT.

3. PROJECTS must be accessible, including an accessible path of travel to the PROJECT.

Eligible Development Costs
All costs must be incurred within the GRANT PERFORMANCE PERIOD. Costs listed below are examples of eligible costs, and not inclusive. Contact OGALS if you have any questions regarding a PROJECT cost.

Eligible Pre-construction Costs – incurred prior to groundbreaking as determined by the GRANTEE
• Public meetings, focus groups, design workshops
• Plans, specifications, construction documents, and cost estimates • Permits
• CEQA and/or environmental review
• Bid preparation and packages
• IN-HOUSE EMPLOYEE SERVICES prior to groundbreaking
• GRANT/PROJECT administration and accounting prior to groundbreaking Eligible Construction Costs – up to 100% of the PROJECT costs; incurred after groundbreaking
• Construction – necessary labor and construction activities to complete the PROJECT, including site preparation (demolition, clearing and grubbing, excavation, grading), onsite implementation and construction supervision
• Equipment – Equipment use charges (rental and in-house) must be made in accordance with GRANTEE’S normal accounting practices
• Premiums on hazard and liability insurance to cover personnel or property • Site preparation
• Purchase and installation of equipment: security cameras, lighting, signs, display boards, sound systems, video equipment, etc.
• Construction management: including site inspections and PROJECT administration • Miscellaneous: other costs incurred during the construction phase, such as transporting materials, equipment, or personnel, and communications • IN-HOUSE EMPLOYEE SERVICES after groundbreaking
• GRANT/PROJECT administration and accounting after groundbreaking Ineligible Development Costs – Cannot be charged to the grant • Furniture or equipment not site specific and not necessary for the core function of a new facility (non-capital outlay)
• Costs incurred before or after the GRANT PERFORMANCE PERIOD

16 • Indirect costs – overhead business expenses of the GRANTEE’S fixed or ordinary operating costs (rent, mortgage payments, property taxes, utilities, etc.) • Food and beverages
• Out-of-state travel
• Fundraising and grant writing
Accounting Rules for In-House Employee Services
GRANTEES must follow these accounting practices for services performed by its employees to be eligible for reimbursement:
• Maintain time and attendance records as charges are incurred, identifying the employee through a name or other tracking system, and that employee’s actual hours worked on the PROJECT.
• Time estimates, including percentages, for work performed on the PROJECT are not acceptable.
• Time sheets that do not identify the specific employee’s actual hours worked on the PROJECT are not acceptable.
• Costs of the salaries and wages must be calculated according to the GRANTEE’S wage and salary scales, and may include benefit costs such as vacation, health insurance, pension contributions and workers’ compensation. • Overtime costs may be allowed under the GRANTEE’S established policy, provided that the regular work time was devoted to the same PROJECT. • May not include overhead or cost allocation. These are the costs generally associated with supporting an employee, such as rent, personnel support, IT, utilities, etc.
• If planning to claim IN-HOUSE EMPLOYEE SERVICES costs, provide a sample timesheet for OGALS review to confirm these accounting practices are being followed.

17 Acquisition Projects and Rules

1. Purchase price cannot exceed the appraised value, even if the GRANTEE is willing to pay the difference.

2. Land cannot be acquired through eminent domain.

3. GRANTEE must provide Title Insurance.

Acquisition Grant Scope/Cost Estimate
Provide the following information on a document signed by the AUTHORIZED REPRESENTATIVE:
• A brief description, for example, “Acquisition of approximately (ENTER TOTAL ACREAGE to be acquired) for the development of [NAME] Park by (ENTER DATE no later than three years from the date final payment is issued by the SCO).” • Estimated total costs for land and relocation
• Estimated total costs other than the purchase price and relocation costs, such as appraisals, escrow fees, title insurance fees, deed restriction recordation costs Acquisition Documentation
For each parcel to be acquired, submit these documents:

1. An appraisal conducted within the last twelve months

2. A separate letter from an independent third party, AG rated appraiser certified by the California Office of Real Estate Appraisers stating the appraisal was reviewed, and was completed using acceptable methods

3. County Assessor’s parcel map, showing parcel number and parcel to be acquired

4. Estimated value of each parcel to be acquired with a description of how that value was determined (such as the listed price on MLS, in-house estimation, website evaluation, assessed value)

5. Acreage of each parcel to be acquired
For easement acquisitions, in addition to the requirements above, provide:

6. A copy of the proposed easement guaranteeing the authority to use the property for the purposes specified in the application.

For relocation costs, in addition to the requirements above, provide: A letter signed by the AUTHORIZED REPRESENTATIVE, listing the relocation costs for each displaced tenant, certifying that the relocation amount does not exceed the maximum allowed pursuant to Government Code §7260-7277.

Eligible Acquisition Costs
• IN-HOUSE EMPLOYEE SERVICES – see accounting rules
• GRANT/PROJECT administration and accounting
• Public meetings/focus groups/design workshop
• Appraisals, escrow fees, surveying, other costs associated with acquisition • Cost of land
• Surveying and/or lot line adjustments
• CEQA and/or environmental review

18 Ineligible Acquisition Costs – Cannot be charged to the grant • Acquisitions where purchase price is greater than appraised value • Costs for land acquired through eminent domain or condemnation • Costs incurred outside the GRANT performance period
• Development costs

19 IV. CONTRACT SECTION
The following section contains a sample CONTRACT, CONTRACT provisions, and a sample status report form.

State of California – The Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Grant Contract
Specified Grants
GRANTEE: Grantee
GRANT PERFORMANCE PERIOD is from July 1, 2022 through June 30, 2026 CONTRACT PERFORMANCE PERIOD is from July 1, 2022 through June 30, 2026 The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.

The GRANTEE agrees to complete the PROJECT SCOPE(s) as defined in the PROJECT SCOPE /Cost Estimate Form of the application(s) filed with the State of California.

Total State grant amount not to exceed $ Grant amount
The General and Special Provisions attached are made a part of and incorporated into the Contract.

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
By______________________________________
Date____________________________________
_______________________________________________

GRANTEE
By _________________________________________
(Typed or printed name of Authorized
Representative)
________________________________________
(Signature of AUTHORIZED REPRESENTATIVE)
Title _________________________________________
Date _________________________________________

CERTIFICATION OF FUNDING (FOR STATE USE ONLY)
AMOUNT OF ESTIMATE $ CONTRACT NUMBER FUND
ADJ. INCREASING ENCUMBRANCE $ APPROPRIATION
ADJ. DECREASING ENCUMBRANCE $ ITEM VENDOR NUMBER
UNENCUMBERED BALANCE $ LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL YEAR T.B.A. NO. B.R. NO. INDEX PCA OBJ. EXPEND
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.

SIGNATURE OF ACCOUNTING OFFICER DATE

20 I. RECITALS
This AGREEMENT is entered into between the California Department of Parks and Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and [Name of grantee] (hereinafter referred to as “grantee”).

The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not to exceed $[grant amount], subject to the terms and conditions of this AGREEMENT and the [2022- 2023 California State Budget, AB 178, Chapter 45, Statutes of 2022, as amended by AB 179, Chapter 249, Section 19.56 Item number – 3790-493-0001] (appropriation chapter and budget item number hereinafter referred to as “SPECIFIED GRANT”). These funds shall be used for completion of the GRANT SCOPE(S).

The Grant Performance Period is from July 1, 2022 to June 30, 2026.

II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:

1. The term “APPLICATION” means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program PROCEDURAL GUIDE requirements.

2. The term “CONTRACT PERFORMANCE PERIOD” means the duration of time during which this CONTRACT is in effect.

3. The term “DEPARTMENT” or “STATE” means the California Department of Parks and Recreation.

4. The term “DEVELOPMENT” means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.

5. The term “GRANTEE” means the party described as the GRANTEE in Section I of this AGREEMENT.

6. The term “GRANT PERFORMANCE PERIOD” means the period of time during which eligible costs may be incurred by the GRANTEE and paid for by the DEPARTMENT, as specified in the fully executed CONTRACT.

7. The term “GRANT PROJECT” means all real estate, leases, subleases, buildings, and other property acquired or developed with GRANT monies.

8. The term “PROJECT SCOPE” means the items listed in the PROJECT SCOPE/Cost Estimate Form found in each of the APPLICATIONS submitted pursuant to this grant.

9. The term “PROCEDURAL GUIDE” means the document identified as the “2022-23 Procedural Guide for Specified Grants.” The PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.

21 B. Project Execution

1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.

The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).

During the CONTRACT PERFORMANCE PERIOD, the GRANTEE agrees to submit any proposed change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all proposed changes that will occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must first be approved in writing by the STATE.

2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this contract.

3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).

4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.) C. Project Costs

1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.

2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.

D. Project Administration

1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest-bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the GRANT PERFORMANCE PERIOD, whichever is earlier.

2. During the GRANT PERFORMANCE PERIOD, the GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made a specific request. All such project status reports shall be signed and certified as complete and accurate by the authorized representative of the GRANTEE. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the

22 GRANT PERFORMANCE PERIOD, whichever is earlier. The GRANT PERFORMANCE PERIOD is identified in Section I of this CONTRACT.

3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.

E. Project Termination

1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.

2. The GRANTEE may unilaterally rescind this contract at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this contract may be rescinded, modified or amended only by mutual CONTRACT in writing between the GRANTEE and the STATE, unless the provisions of this contract provide that mutual CONTRACT is not required.

3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT or any other grant contracts, specified or general, that GRANTEE has entered into with STATE or any other department, agency, commission or other subdivision of California State government, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.

4. Any breach of any term, provision, obligation, or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.

5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public.

F. Budget Contingency Clause
If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE or offer a contract amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual CONTRACT as addressed in Paragraph E, subsection 2 of this CONTRACT

23 G. Hold Harmless

1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.

2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.

3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE’s litigation costs, expenses, and reasonable attorney fees.

4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment.

5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.

H. Financial Records

1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and shall make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or final payment.

2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount, source and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.

3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract, and shall provide copies of all such records to STATE in its certified status reports upon request by the STATE. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following final payment.

4. The GRANTEE shall use a generally accepted accounting system.

24 I. Use of Facilities

1. The GRANTEE agrees that the GRANTEE shall operate and maintain and retain full control of the property acquired or developed with the GRANT MONIES, for the duration of the CONTRACT PERFORMANCE PERIOD.

2. The GRANTEE agrees that, during the CONTRACT PERFORMANCE PERIOD, the GRANTEE shall use the property acquired or developed with grant funds under this contract only for the purposes of this grant and no other use, sale, assignment, transfer, mortgage, or other disposition or change of the control or use of the property or of any interest in the property to one not consistent with the grant purpose shall be permitted except as authorized by the DEPARTMENT and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.

3. The property acquired or developed may be transferred or assigned to another entity only if the successor entity assumes the obligations imposed under this contract and only with the prior approval of STATE.

4. Any real Property (including any portion of it or any interest in it, including any leases) may not be used as security or collateral for any debt, loan or mitigation, without the prior written approval of the STATE, provided that such approval shall not be unreasonably withheld as long as the purposes for which the grant was awarded are maintained. Any such permission that is granted does not make STATE a guarantor or a surety for any debt, loan or mitigation, nor does it waive STATE’s rights to enforce performance under the CONTRACT.

5. All real property (including any portion or interest in it, including any leases), or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of grant monies received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.

6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.

J. Nondiscrimination

1. The GRANTEE shall not discriminate against any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status in the administration and in the use of any property or facility developed pursuant to this contract.

2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.

3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.

25 K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.

L. Liability

1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE. The STATE’S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.

2. GRANTEE shall ensure that any contractor hired has adequate liability insurance, performance bond, or other security necessary to protect the GRANTEE interest and the STATE’s interest against poor workmanship, fraud, or other potential loss associated with the completion of the grant project.

M. Assignability
Without the written consent of the STATE, the GRANTEE’S interest in and control of any portion of the GRANT PROJECT and responsibilities under this CONTRACT shall not be assignable or transferable by the GRANTEE either in whole or in part.

N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.

O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach or default, shall not be construed as a waiver of said rights; and the waiver of any breach or default under this CONTRACT shall not be construed as a waiver of any subsequent breach.

26 III. SPECIAL PROVISIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. This Executive order extends to recipients of any State Grants (Grantee). Grantees include those who have contracted or will contract to receive State grants funds. Accordingly, should the State determine that a Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination of any contract found to be in violation of this Executive Order shall be at the sole discretion of the State. _____________________________________

GRANTEE
By:__________________________________
Signature of Authorized Representative
Title: _________________________________
Date: _________________________________

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
By: _________________________________
Date: _________________________________

27 Status Report
To monitor progress, every six months OGALS will send Status Reports to GRANTEE to complete for each PROJECT. GRANTEE must return Status Reports to OGALS within thirty days from receipt. This requirement continues until OGALS receives GRANT COMPLETION PACKETS. Payment requests will not be processed if Status Reports are overdue. See the sample Status Report below, which is subject to change.

Status Report
Grantee:

Project Number:

Project Name:

Advances to date without documentation (attach a Grant Expenditure Form documenting expenditure of the balance, if applicable):

If a portion of the advanced funds have not been spent, and more than six months have passed since the Grantee received the advanced funds, the balance must be spent on eligible costs or returned to OGALS within 60 days from receipt of this form.

Briefly describe completed work funded by the grant since the last Status Report [DATE]:
(Continue on another sheet if needed.)
Pre-Construction/Pre-Acquisition (Planning, CEQA, etc.):
1) ___________________________________________________________________________ ___________________________________________________________________________ Acquisition and/or Construction -- and Provide photos showing work completed since [DATE] 2) ___________________________________________________________________________ ___________________________________________________________________________ Potential Obstacles Affecting Completion
3) ___________________________________________________________________________ ___________________________________________________________________________ 4) Total Funds Spent To Date Using This Grant $_____________ 5) Percentage of Project Complete:________________
6) Estimated Date of Project Completion: ___________________ 7) On Time: Yes / No If not, explain:
8) Within Budget: Yes / No If not, explain:
9) Within Scope: Yes / No If not, explain:

I represent and warrant that I have full authority to execute this Grant Progress Status Report on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this status report, and any accompanying documents, for the above-mentioned Grant is true and correct to the best of my knowledge.
__________________________ _______________________ _____________ Authorized Representative* Title Date
(*Certification to above information requires a signature by a person authorized in the resolution)

28 V. Grant Payment Section
There are three types of payments:
• Pre-construction and Construction Reimbursement payments • ADVANCE payments for construction and ACQUISITION ADVANCES into escrow • Final payments
Payment requests are processed through the State Controller’s Office and are mailed to the GRANTEE eight to ten weeks from the date the request is approved by OGALS.

OGALS will not approve payment requests that do not meet the requirements described in this GRANT ADMINISTRATION GUIDE.

OGALS may withhold payment if the GRANTEE has outstanding issues, such as:
• Breach of any other contract with OGALS
• An unresolved audit exception
• An outstanding conversion
• Park sites closed or inadequately maintained
• Overdue Project Status Reports
• Other unmet grant requirements
Payment Rules
• GRANT payments before the final payment may not exceed 80% of the PROJECT amount. 20% of the PROJECT amount is retained for the final payment as a REIMBURSEMENT. • The GRANTEE should group costs together to avoid frequent payment requests. Payment requests greater than $10,000 are encouraged.
• Complete CEQA prior to requesting any reimbursement.
• Provide a sample timesheet to the PROJECT OFFICER prior to incurring any IN-HOUSE EMPLOYEE SERVICES costs, AND if claiming such costs, provide a sample timesheet with each reimbursement payment request.
• Provide (1) a list of the bidders; (2) the recommendation and/or notice of award made by the governing board; and (3) the resulting signed contract agreement to the PROJECT OFFICER PRIOR to requesting reimbursement for costs on contracts requiring a competitive solicitation or bidding process.
• Provide construction progress photos with all construction payment requests.

29 Pre-construction Reimbursement
Payment Type When to Request Document to
Send to PROJECT OFFICER

PRE-CONSTRUCTION
REIMBURSEMENT(s)
After the CONTRACT has
been ENCUMBERED
• Payment Request Form
• Grant Expenditure Form
• Timesheet sample, if applicable
Construction Reimbursement
Advance Payments
ADVANCE payments may be requested for costs the GRANTEE will incur within the next six months.

ADVANCE funds, and any interest earned on those funds, must be spent with six months of receipt, or returned to OGALS. ADVANCE payments are made at the discretion of OGALS. OGALS considers ADVANCE payments to be a privilege and reserves the right to disapprove ADVANCE payments.

Pre-construction Advance
Payment
Type
When to Request Documents to
Send to PROJECT OFFICER
PRECONSTRUCTION
ADVANCE(s)
After the GRANT
CONTRACT has been

ENCUMBERED
• Payment Request Form
• ADVANCE justification (see below)
Construction Advance
Payment Type When to Request Documents to
Send to PROJECT OFFICER
ADVANCE(s) up
to 50% of

PROJECT
amount
After the GRANT
CONTRACT has been
ENCUMBERED, and
construction will
commence during
the next six months
• Payment Request Form
• ADVANCE justification (see below)
• Copy of signed construction contract and a
notice to proceed or IN-HOUSE EMPLOYEE
SERVICES labor schedule.

Advance Justification
An ADVANCE justification is required for an ADVANCE. It must provide the following information:

Payment Type When to Request Documents to
Send to PROJECT OFFICER
REIMBURSEMENT of
up to 80% of
PROJECT amount
before final payment
After the CONTRACT is
ENCUMBERED and the
GRANTEE incurred costs
for work related to the

GRANT SCOPE
• Payment Request Form
• Grant Expenditure Form
• Timesheet sample, if applicable
• Construction progress photos
• If payment request includes
reimbursement to contractor/service
providers, Competitive Solicitation
documentation

30 • Why an ADVANCE is needed instead of a reimbursement. • A payment schedule, with a month-by-month estimate, for up to six months, showing the anticipated amount needed, and to whom the funds will be paid (IN-HOUSE EMPLOYEE or name of contractor).
• A funding plan, indicating how the GRANTEE intends to fund the percentage of the PROJECT exceeding the 50% advance limit.
• A statement indicating the GRANTEE will put the funds into a separate, interest-bearing account.

OGALS may not approve the total amount of the requested ADVANCE payment if the requested funds will not be spent within six months from the date that the payment request is submitted by the GRANTEE.

Clearing the Advance
ADVANCES must be cleared with six months of receipt. An ADVANCE is cleared by submitting:
• A Grant Expenditure Form documenting expenditures on eligible costs equal to the ADVANCE amount plus any earned interest.
• Photos of any construction completed with the ADVANCE funds (for construction ADVANCES).

Acquisition Advance
Payment Type When to Request Documents to Send
ADVANCES up to
100% of the
acquisition amount
After the contract is
encumbered and escrow is
open
See following instructions

1. Escrow letter

2. Title report cover page

3. Payment request form
The following items are required to request an ADVANCE payment into escrow:

1. A letter on the GRANTEE’s letterhead, addressing all the following elements, and signed by the GRANTEE’s AUTHORIZED REPRESENTATIVE:
a) Name, address and telephone number of the title company or escrow holder, and the escrow account number to which the GRANT funds will be disbursed b) Copy of the property appraisal and written concurrence c) GRANT CONTRACT number and amount of GRANT funds requested d) A statement by the GRANTEE that “the preliminary title report shows that there are no liens, easements, or any other restrictions that would prevent completion of the SCOPE and fulfillment of the CONTRACT provisions.”
e) A statement by the GRANTEE that “all funds (exclusive of the GRANT funds to be provided under this agreement) needed for the completion of the acquisition of the property or properties have been secured and have been or will be deposited to escrow on or about the same date as the requested GRANT funds.” The GRANTEE is entitled to reasonably rely on the representations of the seller.

2. Cover page of the preliminary title report.

31 3. Payment Request Form: the “Send Warrant To” item 7 on the Payment Request Form must be completed using the title company’s or escrow holder’s name, mailing address, and contact person.

After approval by OGALS, the payment will be mailed by the State Controller’s Office to the designated escrow company within approximately 30 working days.

Returning Unexpended Advanced Funds or Interest
The balance of unspent GRANT funds must be returned to OGALS no later than thirty days after the end of the six-month ADVANCE period. OGALS will then return the GRANT funds to the CONTRACT balance.

OGALS cannot return interest to the CONTRACT balance.

If interest was earned on the ADVANCED funds, interest must be spent on ELIGIBLE COSTS, and the unspent GRANT funds returned to OGALS.

Subsequent Payments
Any outstanding ADVANCE payments must be cleared before any additional reimbursements or ADVANCE payments will be approved.

This requirement may be waived in cases where a PROJECT requires timely payments to contractors, and the remaining balance of unspent ADVANCED funds cannot cover the next PROJECT payment.

The following items are required to request a waiver:

1. A letter to the PROJECT OFFICER, signed by the AUTHORIZED REPRESENTATIVE explaining why the waiver is needed.

2. The majority of ADVANCED funds has been cleared.

3. A payment schedule with month-by-month estimates detailing the anticipated amount needed including the unspent balance of previously ADVANCED funds, along with the additional requested reimbursement or ADVANCE.

Final Payments / Project Completion Packets
OGALS recommends all PROJECT COMPLETION PACKETS be submitted by January 31, 2026.

The final payment (20% of the PROJECT amount) will be processed after PROJECT COMPLETION and the following occurs:

1. Approval of the PROJECT COMPLETION PACKET and additional required documents in the charts below.

2. Site inspection by the PROJECT OFFICER to verify PROJECT COMPLETION.

Project Completion Packet
To request final payment and complete the PROJECT, the GRANTEE must submit the following documents:

1. Payment Request Form (pg. 33)

2. Grant Expenditure Form (pg. 35)

3. Final Funding Sources Form (if any changes from original submission) (pg. 13)

4. Project Completion Certification Form (pg. 36)

32 5. Completed CEQA, if not already provided (pg. 14)

6. Notice of Completion (optional)2

7. Audit Checklist with items marked that the GRANTEE will retain for five years following receipt of final payment (pg. 38)
For acquisition PROJECTS, the GRANTEE must submit these additional documents:

1. A copy of the recorded deed to the property

2. A map sufficient to verify the description of the property including parcel numbers and acreage

3. Copy of title insurance policy

4. Copy of title report

5. Final Escrow Closing Statement
____________________
2 OGALS recommends that the GRANTEE file a “Notice of Completion” with the County Recorder pursuant to State of California Civil Code §3093. Filing the “Notice of Completion” is not a PROJECT COMPLETION requirement.

33 Payment Request Form

34 Payment Request Form Instructions
• Visit Grant Forms (ca.gov) for current forms
• Type or print legibly all entries
• Round all amounts to the nearest whole dollar
The following instructions correspond to items on the Payment Request Form:

1. PROJECT Number - The number assigned by OGALS to this project

2. CONTRACT Number - As shown in Certification of Funding section of the CONTRACT

3. GRANTEE - GRANTEE name as shown on the CONTRACT

4. PROJECT Title - Name of the PROJECT as shown in the Application

5. Type of Payment – check appropriate box on form:

6. Payment Information
a. GRANT amount
b. Funds received to date - amount paid out from this GRANT c. Available - (a. minus b.)
d. Amount of this request
e. Remaining funds after this payment - (c. minus d.)

7. Send Warrant To - GRANTEE name, address and contact person

8. Signature of AUTHORIZED REPRESENTATIVE according to the Resolution

35 Grant Expenditure Form
PROJECT Number_______________________ GRANTEE NAME __________________________

Warrant/Check # (1) Date (2) Recipient (3) Purpose (4)
PreConstruction
Amount (5)
Construction
Amount (6)
_________________________________________________________________________

PRE-CONSTRUCTION Subtotal (5) $_____________
Construction Subtotal (6) $_____________

Grand Total (5) + (6) $_____________
List only ELIGIBLE COSTS charged to the GRANT.

Column (1) Use of electronic payment numbers/electronic funds transfer numbers in the “Warrant/Check Number” column is acceptable. Please include an “EP” next to the electronic payment numbers/electronic funds transfer numbers.

If IN-HOUSE EMPLOYEE SERVICES or GRANTEE’S own equipment was used, a work order or other tracking number can be used instead of a check/warrant number.

Column (2) Date payment was made to recipient. If IN-HOUSE EMPLOYEE SERVICES were used, the date that the work was performed may be used.

Column (3) Name of Contractor, IN-HOUSE EMPLOYEE SERVES, or other entity performing work.

Column (4) Brief description of cost, such as “design”, “permits”, “construction.” When describing such costs, such as “design”, state what the design is for, and who prepared it. For items such as “permits”, state what kind of permit(s). For items such as “construction,” state what type or portion of construction, or what was constructed. (For instance, “community center”, “walkway”, etc.) Column (5) PRE-CONSTRUCTION costs.

Column (6) DEVELOPMENT costs eligible for up to 100% of GRANT amount.

Visit Grant Forms (ca.gov) for current forms.

GRANTEES may use their own spreadsheet if it contains the required information shown above.

36 Project Completion Certification Form
Grantee: ______________________________________ Project Number: _________________ Grantee contact for audit purposes
Name: __________________________________________________________________________ Address: ________________________________________________________________________ Phone: (_____) __________________ Email: _______________________________________ Project completion – list the features and support amenities (use additional pages, if needed):

List other funds (sources and amounts) used on Project (use additional pages, if needed):

Interest earned on advanced Grant funds: $ ________________ Interest spent on eligible costs: $ ________________
Did the grantee file a “Notice of Completion” with the County Recorder? Yes __ No __ Certification:

I hereby certify that all Grant funds were expended on the above-named Project and that the Project is complete and we have made final payment for all work done.

I have read California Penal Code §118 and understand that every person who testifies, declares, deposes, or certifies under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury, which is a felony punishable by imprisonment in state prison for two, three, or four years.

Furthermore, I have read California Penal Code §72 and understand that every person who, with the intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or District board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony-misdemeanor punishable either by imprisonment in county jail for a period of not more than one year, by a fine not exceeding one thousand dollars, or both, or by imprisonment in state prison, by a fine not exceeding ten thousand dollars, or both.

I represent and warrant that I have full authority to execute this Project Completion Certification on behalf of the Grantee. I declare under penalty of perjury that the foregoing certification of Project Completion for the above-mentioned Grant is true and correct.
__________________________________________ ______________________________ Grantee’s Authorized Representative Title
(Printed or Typed name)
__________________________________________ ______________________________ Grantee’s Authorized Representative (Signature) Date

37 VI. ACCOUNTING AND AUDIT SECTION
Contact the DPR Audits Office for questions about the following requirements.

Accounting Requirements
GRANTEES must use accounting practices that:
• Provide accounting data that clearly records costs incurred on the PROJECT and accurately reflects fiscal transactions, with the necessary controls and safeguards. • Provide good audit trails, especially the source documents (purchase orders, receipts, progress payments, invoices, timecards, cancelled warrants, warrant numbers, etc.) specific to the PROJECT.

Accounting Rules for Employee Services (IN-HOUSE EMPLOYEE SERVICES) GRANTEES must follow these accounting practices for employee services:
• Maintain time and attendance records as charges are incurred, identifying the employee through a name or other tracking system, and that employee’s actual time spent on the PROJECT. • Time estimates for work performed on the PROJECT are not acceptable. • Time sheets that do not identify the specific employee’s time spent on the PROJECT are not acceptable.
• Costs of the salaries and wages must be calculated according to the GRANTEE’S wage and salary scales, and may include benefit costs such as “workers’ compensation.” • Overtime costs may be allowed under the GRANTEE’S established policy, provided that the regular work time was devoted to the same PROJECT.

State Audit
Grants are subject to audit by DPR (see Audit Checklist). All PROJECT records must be retained for five years after final payment was received.

The GRANTEE must provide the following when an audit date and time has been confirmed by DPR:
• All PROJECT records, including the source documents and cancelled warrants, books, papers, accounts, time sheets, or other records listed in the Audit Checklist or requested by the DPR. • An employee having knowledge of the PROJECT and its records to assist DPR’s auditor.

38 Audit Checklist
An audit of the project may be performed before or following project completion. The GRANTEE must retain and make available all project related records for five years following project termination or final payment of grant funds. Listed below are some of the items the auditor will examine during the review of your records as applicable. It is the responsibility of the GRANTEE to have these records available in a central location ready for review once an audit date and time has been confirmed. If you have any questions regarding these documents, you may contact the State Department of Parks and Recreation Audits Office.

CONTRACTS
Summary list of bidders (including individual bid
packages)
Recommendation by reviewer of bids
Awarding by governing body (minutes of the
meeting/resolution)
Construction contract agreement
CONTRACT bonds (bid, performance, payment)
CONTRACT change orders
Contractor's progress billings
Payments to contractor (cancelled checks/warrants,
bank statements and EFT receipts**)
Stop Notices (filed by sub-contractors and release if
applicable)
Liquidated damages (claimed against the contractor)
Notice of completion (recorded)
IN-HOUSE EMPLOYEE SERVICES*
Authorization/work order identifying project
Daily time sheets signed by employee and supervisor
Hourly rate (salary schedules/payroll register)
Fringe benefits (provide breakdown)
IN-HOUSE EQUIPMENT*
Authorization/work order
Daily time records identifying the project site
Hourly rate related backup documents

MINOR CONTRACTS/MATERIALS/SERVICES/EQUIPMENT

RENTALS
Purchase orders/Contracts/Service Agreements
Invoices
Payments (actual cancelled checks/warrants, bank
statements and EFT receipts **)

ACQUISITION
Appraisal Report
Did the owner accompany the appraiser?
10 year history
Statement of just compensation (signed by seller)
Statement of difference (if purchased above
appraisal)
Waiver of just compensation (if purchased below
appraisal: signed by seller)
Final Escrow Closing Statement
Cancelled checks/warrants, bank statements and EFT
receipts, [payment(s) to seller(s)]
GRANT deed (vested to the participant) or final order of condemnation
Title insurance policy (issued to participant)
Relocation documents
Income (rental, grazing, sale of improvements, etc.)

INTEREST
Schedule of interest earned on State funds advanced
Note: Interest on grant ADVANCES is accountable,
even if commingled in a pooled fund account and/or
interest was never allocated back to the grant fund.

AGREEMENT/CONTRACTS
Leases, agreements, etc., pertaining to
developed/acquired property
* Estimated time expended on the projects is not acceptable. Actual time records and all supporting documentation must be maintained as charges are incurred and made available for verification at the time of audit.
** Front and back if copied.

39 VII. DEFINITIONS
Capitalized words and terms used in this process guide are defined below.

ADVANCE – payment made to the GRANTEE for work that will occur in the future or work that has already occurred during the GRANT PERFORMANCE PERIOD and has not been paid for by the GRANTEE.

APPLICANT – an entity which does not yet have a fully-executed CONTRACT with DPR and is identified as a GRANT recipient through a legislatively specified budget line item.

APPLICATION PACKET – the Application form and its required attachments described in the Application Checklist and Directions.

APPROPRIATION DATE – July 1 of the State of California fiscal year when the funding of State budget line items is approved by the legislature. The APPROPRIATION DATE is the start of the GRANT PERFORMANCE PERIOD.

AUTHORIZED REPRESENTATIVE – the APPLICANT’S/ GRANTEE’S designated position authorized in the Resolution to sign all required GRANT documents.

CEQA – the California Environmental Quality Act as stated in the Public Resources Code §21000 et seq.; Title 14 California Code of Regulations §15000 et seq. CEQA is a law establishing policies and procedures that require entities to identify, disclose to decision makers and the public, and attempt to lessen significant impacts to environmental and historical resources that may occur as a result of the entities’ proposed PROJECT. For more information refer to https://opr.ca.gov/ceqa/
CONSTRUCTION COSTS – costs incurred starting with the date when ground-breaking construction activities such as site preparation, grading, or gutting begins, and continuing to the end of the GRANT PERFORMANCE PERIOD.

CONTRACT – an agreement between the DPR and the GRANTEE specifying the performance of the GRANT SCOPE within the GRANT PERFORMANCE PERIOD, payment of funds by DPR, and requirements for maintenance and use of the PROJECT.

CONTRACT ENCUMBRANCE PERIOD – the time starting with the APPROPRIATION DATE, when a CONTRACT must be fully executed between the GRANTEE and DPR to encumber the GRANT funds.

CONTRACT PERFORMANCE PERIOD – the period during which the grantee has obligations under the contract.

DEVELOPMENT – construction, installation, replacement, expansion, or renovation.

DPR – the California Department of Parks and Recreation.

ELIGIBLE COSTS – expenses incurred during the grant performance period to complete the SCOPE approved by OGALS through an encumbered contract.

GRANT – funds made available to a GRANTEE for completion of the PROJECT SCOPE(s) during the GRANT PERFORMANCE PERIOD.

GRANTEE – an entity having a fully executed CONTRACT with DPR.

GRANT PERFORMANCE PERIOD – period of time that ELIGIBLE COSTS may be incurred by the GRANTEE and paid for by DPR, as specified in the fully executed CONTRACT.

40 IN-HOUSE EMPLOYEE SERVICES – use of the GRANTEE’s employees working on the SCOPE.

OGALS – DPR’s Office of Grants and Local Services.

PRE-CONSTRUCTION COSTS – costs incurred during the planning, design, and permit phase of the PROJECT before construction can begin.

PROJECT – the recreation features and support amenities listed in the Project SCOPE/Cost Estimate Form.

PROJECT COMPLETION – when the features and support amenities listed in the Project SCOPE/Cost Estimate Form are complete and the facilities are open and useable by the public.

PROJECT COMPLETION PACKET – The documents required in order to request final payment following PROJECT COMPLETION
PROJECT OFFICER – an OGALS employee, who acts as a liaison with the applicants and GRANTEES, administers GRANT funds, and facilitates compliance with the Procedural Guide and CONTRACT.

SCOPE – the features and support amenities listed in the Project SCOPE/Cost Estimate Form that must be completed prior to final GRANT payment.

Legislatively Specified
Grant Process
Office of Grants and Local Services (OGALS)
Community Engagement Division (CED)
California State Parks

Welcome
from the
Office of Grants and Local Services
(OGALS)
part of the
Community Engagement Division (CED)
California State Parks

Resources
Procedural Guides
Webpage – www.parks.ca.gov/grants
Project Officer Contact information
Forms
Project Officer
Phone number
E-mail address
Cover

4 Administrative
Project Officers
Lydia
Willett
Stephanie
Schiechl Kevin Glaudel Mary Baum
Thina Nguyen
Rosalind Rowe
Sara
Schussler
Anne
Davigeadono
Melinda Steinert
Sam Lumley Lisa Vigil
Dennis Carlson Karen Sims
Omar Shafqat

Guide Overview
 Program Description
 Grant Process Overview
 Application Packet
 Special Requirements
 Grant Payments
 Contract
 Accounting and Audits
Table of Contents

Specified Program Summary
Specified grants originate from a line
item in the State of California Budget
A resolution is required before a
contract will be issued
An approved application packet is
required before payments can be
approved
OGALS may waive requirements
not mandated by statute, talk to your
Project Officer if you are having any
issues

Key Dates
Grant Performance Period: July 1, 2022 – June 30,
2026
Submit resolution by December 31, 2023
Sign and return contract by January 31, 2024
Complete projects by December 31, 2025
Submit Project Completion Packets by January 31,
2026

Grant Process Overview

1. Grantee passes a resolution.

2. OGALS sends a contract to the
Grantee for signature.

3. Grantee submits Application
Packet(s) for OGALS review and
approval.

4. Grantee completes Project
Status Reports every six months.

5. Grantee requests reimbursement
payments throughout the grant
performance period.

6. When the project is complete,
the Grantee sends Project
Completion Packet(s).
 OGALS reviews completion
documents and conducts
a final site inspection prior
to processing the final
payment request.

7. The Grantee retains all project
records for five years following
issuance of the final grant
payment.

Authorizing Resolution
 GRANTEE passes one resolution approving the filing of all APPLICATION PACKETS associated with the contract and forwards a copy to OGALS.  The Authorizing Resolution on page 7 in the procedural guide may be reformatted; however, the language must remain unchanged. The Authorizing Resolution serves two purposes:
 It is the means by which the GRANTEE’S Governing Body agrees to the terms of the contract; confirming the GRANTEE has the funding to complete, operate and maintain the PROJECTS.  Designates a position title to represent the Governing Body on all matters regarding PROJECTS associated with the contract. This will be the AUTHORIZED REPRESENTATIVE.  Complete the highlighted areas of the Authorizing Resolution.  The AUTHORIZED REPRESENTATIVE can delegate signatory authority to other position titles either in entirety or for particular documents. This may be included in item 5 of the resolution, or the AUTHORIZED REPRESENTATIVE may submit a letter (on letterhead) or email to OGALS delegating authority.

Grant Contract
Face Sheet
Contract will be sent to
grantee after resolution has
been received
Grant Performance
Period: Period in which
the PROJECT must be
completed.

Contract Performance
Period: Period in which
the PROJECT must be
active.

Contract Provisions Highlights
 B.1. Submit a written request if you need to
make a change to the grant scope. OGALS
must provide written approval of any changes.
 C.2. OGALS may make reasonable changes to
procedures in the Procedural Guide and will
notify your agency within a reasonable time.
 D.2. Return project status reports within 30 days
after OGALS has sent it. Submit your completion
packet within 60 days of project completion or
the end of the grant performance period,
whichever is earlier.
 F. If funding for any fiscal year is reduced or
deleted by the budget act for purposes of this
program, OGALS has the option to cancel or
reduce the amount of the contract.
 G. The state will not be liable for any injuries or
lawsuits related to the project.
 H.1. Maintain all records for the project and
make them available for an audit at reasonable
times. Retain all documents for five years after
project completion.
 I.1. Your agency will operate and maintain any
property acquired or developed for the
duration of the Contract Performance Period.
 J.2. Your agency shall not discriminate on the
basis of residence, except reasonable
differences in admission or other fees may be
maintained on the basis of residence and
pursuant to law.
 N. Grant funds cannot be used for the purpose
of making any leverage loan, pledge,
promissory note or similar financial device or
transaction, without: 1) the prior written
approval of the STATE; and 2) a recorded
subordination agreement provided and
approved by OGALS.

Pages 20-26

Application Packet
 GRANTEE may submit multiple APPLICATION PACKETS.
 Separate APPLICATION PACKETS are required for each PROJECT site and/or PROJECT type.
 Do not submit the APPLICATION PACKET until your agency has all the items required.
 Submitted documents need not contain original signatures; but the GRANTEE must keep any original signed documents.
 GRANTEES are encouraged to submit documents digitally, as .pdf files.

E-mail each checklist item to the PROJECT OFFICER as a separate digital file, labeled using the digital file names indicated on the application checklist.  Costs incurred prior to determining project eligibility are at the GRANTEE’S own risk.

• Submit all applicable
items in the application
packet.
• Do not submit until you
have all checklist items
ready to go.
• Be sure the authorized
representative
has signed all
required items.
• Digital submission of
items is preferred.

Non-Profit requirements
 Three-Bid Process
 Must go through public bidding
process for services greater than
$5,000 and construction work
greater than $25,000
 Provide each bidder the same
written invitation for bid
 Solicit bids by contacting at least
three potential contractors
 Board of Directors evaluates,
selects, and awards a contract
 Waiver of bid process may be
requested in limited situations
 Fidelity Bond
 No payments will be approved
without current fidelity bond
policy
 Premium cost is an eligible cost
 DPR must be named as third-party
loss payee
 Coverage must be equal to or
greater than the grant amount
 Fidelity Bond insurance must be
kept current for at least six months
after date of final grant payment

OGALS will send a
Status Report
every six months.

Payment requests
will not be
processed if
Status Reports
are overdue.

Status Reports

Grant Payments
 May be requested after a PROJECT
is approved
 Processed through the State
Controller’s Office and mailed eight to
ten weeks from the approval date
 20% of the PROJECT amount is
retained for the final reimbursement
 Group costs together to avoid
frequent payment requests
 Complete CEQA needed before
requesting any construction
reimbursement, including filed NOE or
NOD
 Provide a sample timesheet when
requesting reimbursement for in-house
employee services
 Provide bid summary documents for
costs on contracts requiring a bid
process
 Provide construction progress photos,
with a photo of the construction sign on
the PROJECT site, with construction
payment requests.
 See Grant Forms (ca.gov) for latest
payment request forms.

Accounting Rules for In-House
Employee Services
 Maintain time and attendance records
as charges are incurred, identifying the
employee through a name or other
tracking system, and that employee’s
actual time spent on the PROJECT.
 Time estimates, including percentages,
for work performed are not acceptable.
 Time sheets must identify the specific
employee’s time spent on the PROJECT.
 Costs of the salaries and wages must be
calculated according to the GRANTEE’S
wage and salary scales, and may
include benefit costs such as vacation,
health insurance, pension contributions
and workers’ compensation.
 Overtime costs may be allowed under
the GRANTEE’S established policy,
provided that the regular work time was
devoted to the same PROJECT.
 Costs may not include overhead or cost
allocation. These are the costs generally
associated with supporting an
employee, such as rent, personnel
support, IT, utilities, etc.
 If planning to claim IN-HOUSE EMPLOYEE
SERVICES costs, provide a sample
timesheet for OGALS review to confirm
these accounting practices are being
followed.

Advance Payments
 OGALS reserves the right to disapprove ADVANCE payment requests.  Past performance, GRANTEE capacity, and the GRANTEE’S financial resources will all be considered.
 ADVANCE payments may be requested for costs the GRANTEE will incur within the next six months.
 ADVANCE funds must be placed in an interest-bearing account. Any interest earned on those funds must be spent within six months.  ADVANCES cannot exceed 50% of the PROJECT amount.
 Provide OGALS with a list of expenditures equaling the total of the advance within six months.

Payment may be withheld if
there are outstanding issues:
breach of any other contract with OGALS
an unresolved audit exception
an outstanding conversion
park sites closed or inadequately maintained
overdue Project Status Reports
other unmet grant requirements

Project Completion
 Submit PROJECT COMPLETION PACKETS
by December 31, 2025
 OGALS encourages digital submission
of documents, as .pdf files.
 The final payment will be processed after
PROJECT COMPLETION and the following occurs:
 Approval of the PROJECT COMPLETION PACKET
 Site inspection by the PROJECT OFFICER

Accounting and Audits
All PROJECT records must be retained for five years after final payment is issued. Be prepared to:
 Provide an employee having knowledge of the PROJECT and its records to assist the DPR auditor.
 Provide accounting data that clearly records costs incurred and accurately reflects fiscal transactions, with the necessary controls and safeguards.
 Provide good audit trails, with the source documents (purchase orders, receipts, progress payments, invoices, timecards, cancelled warrants, warrant numbers, etc.)
Keep records of all eligible costs, including those not submitted to OGALS for payment. This provides a potential source of additional eligible costs, should any submitted expenses be deemed ineligible.

Audit
Checklist
Keep a copy
handy with
your project
records.

Audits phone #
916-902-8812

What’s Next?
Pass Resolution by December 2023
Execute contract with OGALS by January 2024
Contact your Project Officer with questions
about project scope and completing
application package
Project completion by December 2025
Submit completion package by December 2025

“…to address California’s diverse
recreational, cultural and historical resource
needs by developing grant programs,
administering funds, offering technical
assistance, building partnerships and
providing leadership through quality customer
service.” -- The mission of the Office of Grants and Local Services

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 10.

DATE: December 14, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: MIGUEL LEON, ADMINISTRATIVE ANALYST
SUBJECT: CONSIDERATION OF AUTHORIZING THE ISSUANCE OF A REQUEST FOR

PROPOSAL (RFP) FOR THE RANDOLPH AVENUE BEAUTIFICATION PROJECT FOR

TECHNICAL PROFESSIONAL ASSISTANCE SERVICES
RECOMMENDATION:

Staff recommends that the City Council authorize the issuance of a request for proposals for the Randolph Avenue Beautification Project for technical professional assistance services.

BACKGROUND:

On October 12, 2022, the council affirmed the execution and received and filed the Master Agreement for Technical Assistance 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, the Los Angeles County Regional Park and Open Space District established TAP to assist agencies and organizations with developing eligible park projects and as well as to help communities create multi-benefit park projects and programs throughout L.A. County. The City of Maywood was awarded $285,000 for assistance with professional services for Measure A projects.

DISCUSSION:

The Los Angeles County Regional Park and Open Space District (RPOSD) developed TAP to help ensure that eligible entities can access funding and successfully compete for existing Measure A competitive grant programs. TAP aims 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. After recent community outreach regarding parks, City staff has identified the Randolph Avenue Beautification Project as a new park development that explores the feasibility of securing land access through a long-term joint-use agreement with a public/private entity. During numerous outreach events, the community identified Randolph Avenue as a possible site for a new park. In addition, the City receives many complaints regarding illegal dumping on the underutilized vacant land adjacent to the Union Pacific Railroad Company railroad ties.

PROPOSED SCOPE OF WORK
In the RFP for Technical Professional Assistance Services, staff will seek to solicit proposals, including community outreach and engagement, design, project, and project management, real estate advisory, and

environmental studies of vacant land owned by Union Pacific Railroad Company. The project scope includes aesthetically enhancing the corridor, enhancing safety, and improving the pedestrian experience by proposing planned enhancements, including a walking path, installation of green scape with climate-appropriate diverse plantings, and community identification to deter illegal dumping.

Upon the City Council's approval, an RFP will be issued to solicit responses. RPOSD TAP services are provided through a list of pre-qualified consultants or Qualified Vendors (TAP Consultants) eligible to provide technical assistance services to support the realization of park projects. The program then requires TAP Consultants to submit a bid, and the City reviews and select the winning bidder.

RFP Timeline
The following is the target timeline for the RFP release, proposal review, and return to the City Council:
 December 15: RFP issued by City
 December 20: Deadline for questions (3:00 PM PST)
 January 4: Proposal due date (3:00 PM PST)
 January 9: City completes proposal review/evaluation
 January 2023: City council award
 January/February 2023: Tentative start date
Staff will review all proposals and present a recommendation at a subsequent meeting to award the contract.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

There are no fiscal impacts in authorizing the Request for Proposal for the Randolph Avenue Beautification Project -Technical Assistance Program. The City received a TAP allocation of $285,000 for technical assistance services from the Los Angeles County Regional Park and Open Space District grant program.

ATTACHMENT(S)

1. RFP - Maywood TAP Randolph Avenue Beautification Project

City of Maywood
Request for Proposal (RFP)
Randolph Avenue Beautification Project
Technical Assistance Program
Date of Issuance: December, 15, 2022

RESPONSES MUST BE RECEIVED NO LATER THAN
3:00 pm, January 04, 2022
DELIVER OR MAIL TO:

City of Maywood
City Clerk’s Office
Attn: Shirley Quinones
4319 E. Slauson Avenue
Maywood, CA 90270

1 TABLE OF CONTENTS
I. PURPOSE .............................................................................................................1 II. BACKGROUND .....................................................................................................1 III. GENERAL REQUIREMENTS................................................................................1 IV. SCOPE OF SERVICES .........................................................................................3 V. SCHEDULE ...........................................................................................................6 VI. LIST OF INTERESTED PROPOSERS..................................................................6 VII. QUESTIONS..........................................................................................................6 VIII. SUBMITTAL PROCEDURES ................................................................................6 IX. SUBMITTAL FORMAT...........................................................................................7 X. AGREEMENT FOR PROFESSIONAL SERVICES ...............................................9 XI. GENERAL ADMINISTRATIVE INFORMATION ....................................................9 XII. SUBMITTAL DUE DATE......................................................................................10 XIII. SELECTION PROCESS ......................................................................................10 XIV. AUTHORITY TO WITHDRAW .............................................................................11 XV. AWARD OF CONTRACT.....................................................................................11 XVI. ATTACHMENTS ..................................................................................................12

1 I. PURPOSE
The purpose of this Request for Proposal (RFP) is to select a qualified firm to provide delivery of services such as complete project Design, Community Outreach & Engagement, Environmental Studies, Project Management, and Real Estate Advisory for a non-city-owned property located at Randolph (from Pine Avenue to Walker Avenue).

As such, each proposer must recognize these specifications to be the minimum necessary for successful service delivery and evaluate options to provide real estate advisory for a land lease application of a property owned by the Union Pacific Railroad Company (as referenced in Attachment 2). The firm should also demonstrate expertise in all aspects, including design, environmental studies, and project management, as well as an understanding of community outreach and engagement. The City will award no more than one contract on a not-to-exceed basis.

This project is being funded by the Los Angeles County Regional Park and Open Space District (RPOSD) Technical Assistance Program (TAP). The project was approved based on the amenities detailed within the scope description.

II. BACKGROUND
The City of Maywood is a small Gateway city with a family-oriented community population of approximately 27,000 residents. Incorporated in 1924, the City of Maywood is a General Law City with a Council/Manager form of government which is settled in Los Angeles County and serves a land area of approximately 1.18 square miles and lies by the (I-710) freeway with its location next to the East of Los Angeles. The City is bordered by nearby cities Bell on the South, Vernon on the North and West, Huntington Park on the southwest, and Commerce on the East. The City operates and maintains a full range of municipal services, including Administration, Public Works, Community Services, Finance, and Community Development Departments.

The City of Maywood, in partnership with the Los Angeles County Regional Park and Open Space District (RPOSD), has secured funding to design and develop the Randolph Avenue Beautification Project. The City has recently submitted a land lease application with Union Pacific Railroad Company to take advantage of the beautification project. The project aims to aesthetically enhance the corridor, enhance safety and improve pedestrian experience by proposing planned enhancements, including a walking path, installation of green scaping with climate-appropriate diverse plantings, and community identification while deterring illegal dumping.

Property Description
The general location of the project is northbound of the City of Maywood and the City of Bell. The railroad lot (Assessor's ID No: 6317-017-802, 6316-014-801, 6316-014-802, 6315-014-803) sits next to San Antonio Rancho 120 ft Main Line R/W of S P RR (Ex of St) Bd N and S by Randolph St on the City of Maywood boundary. The lot distance for the project site is 1.12 miles from (from Pine Avenue to Walker Avenue).

2 III. GENERAL REQUIREMENTS
A. Respondents shall have at least three (3) years of consecutive experience in Design, Community Outreach & Engagement, Environmental Studies, Project Management, and Real Estate Negotiations for new park development for vacant land.

B. The proposed term of the contract under this RFP shall be dependent on contractor estimated project timeline response.

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

D. Respondent shall comply with the insurance requirements set forth in the form professional service agreement.

E. The Proposer must have appropriate certificate/professional accreditations form the State of California to provide the services requested.

F. The Proposer shall provide a description of local, state or regional experience.

3 IV. SCOPE OF SERVICES
The Consultant shall provide Technical Professional Assistance for the Randolph Avenue Beautification Project to deliver a clear and comprehensive framework to enhance the corridor. The project will identify and create a methodology to improve pedestrian safety and improve the pedestrian experience by including a mile-walking path, climateappropriate diverse planting, and community identification to deter illegal dumping. The Scope of Services includes, but is not limited to, environmental analysis, real estate advisory, community outreach & engagement, and project management. In addition, support is requested for design development, including phasing of the overall selected project site.

The following tasks are identified for the scope of services:

TASK 1: PROJECT MANAGEMENT
The Consultant shall establish and maintain project files and prepare all documentation, checklists, legal notices, and reports required for administration and compliance with state environmental requirements. Additionally, the consultant shall coordinate regularly scheduled conference calls or meetings between the City, and project stakeholders, to review alternatives and present design options, cost estimation, etc.

The following are tasks related to project management services:
 Review all proposed project expenditures to ensure proper allocation to the project budget
 Participate in the pre-construction conference and periodic construction progress meetings
 Serve as the designated Labor Standards Officer and assuring compliance with all applicable labor standards requirements (if applicable)  Attend (meetings to provide project status reports and representing the project at any other public meetings deemed necessary
 Preparing all required performance reports and closeout documents and assisting with the determination of applicable audit requirements Deliverables:
 Project schedules and updates
 Meeting agendas and minutes for design and coordination meetings TASK 2: CONCEPTUAL DESIGNS
The consultant shall develop a conceptual design for the Randolph Avenue Beautification Project and the amenities planned for the site, including the location and configuration of

4 all site elements. The design is to be based on community outreach and input from residents and stakeholders, as well as City staff. Additionally, the consultant shall coordinate with relevant regulatory agencies, stakeholders, and material and equipment suppliers, conduct field topography, prepare all geotechnical studies and reports, and complete all design calculations.
 Preparation of construction and maintenance cost estimates for the conceptual  design
 Preparation of preliminary conceptual design alternatives as well as construction  and maintenance cost estimates
 Preparation of dimensioned site plan, elevations, and colored renderings to be used for final approval and as a basis for the preparation of construction documents
Deliverables:
 Final conceptual design
 Construction specification
 Maintenance cost estimates
TASK 3: ENVIROMENTAL ANALYSIS, PERMITTING AND COMPLIANCE The Environmental Analysis will need to be conducted to evaluate the project site on the railroads, trees, potential property uses, easements, architectural uses, landscape options, and elevated consideration for proper drainage. The City will need to determine the possibility of deeming the project categorically exempt from CEQA.  The consultant shall perform the required studies, analysis, and prepare reports/documents.
 Collect existing site conditions data and plan of uses of the property, opportunities, and constraints, along with neighborhood and civic interests.  All environmental documents shall be prepared in preliminary and final draft stages for City review and shall incorporate any comments made during the preliminary document review.
 Coordinate and assist with the City’s Planning division to certify the environmental document and provide a recommendation.
 The consultant shall prepare appropriate California Environmental Quality Act (CEQA) documents and any associated technical studies required to clear the project for construction.

Deliverables:
 Preliminary and final permit applications for submittal by the City  Preliminary and final CEQA documentation for submittal by the City TASK 4: REAL ESTATE ADVISORY

5 The consultant shall review and assist with a noncity-owned property owned by Union Pacific Railroad Company. The property is located on Randolph St (from Pine Avenue to Walker Avenue) on the east side border of the City of Maywood. The City is currently applying for a lease beautification application with the agency, and the selected consultant will be expected to review the beautification lease agreement in a form acceptable to the City.
 Review and study the Union Pacific Railroad Company located on Randolph St (from Pine Avenue to Walker Avenue) upon award of contract.  Assist in the evaluation of the beautification lease agreement and provide recommendations on the property requirements and conditions  Assist in the (if applicable) agreement negotiations for the development of a beautification lease agreement between the City and Union Pacific Railroad Company
 Other tasks which may be requested by the City
Deliverables:
 Provide review and recommendation on the beautification agreement  Participate in any meetings in relation to the beautification lease agreement with Union Pacific Railroad Company
TASK 5: OUTREACH AND COMMUNITY ENGAGEMENT PLAN
The Consultant, with input from the City, shall prepare a detailed Outreach and Engagement Plan (O&E Plan) which shall include community engagement tools and events to be used throughout the development of Randolph Avenue Beautification Project. O&E Plan shall consist of a strategy to fully engage disadvantaged communities, regional partners and stakeholders, schools, neighboring cities, City Commissions and Council. The O&E Plan should address outreach in multiple languages and use electronic (virtual) and nontraditional means, to reach groups that may not participate in traditional engagement workshops.

Deliverables:
 Outreach and Engagement Plan
 City staff, Council, and Commission Meetings
 Outreach Events
 Virtual Engagement
TASK 6: OTHER TASKS
Other tasks which may be requested by the City.

6 V. SCHEDULE
Deadlines
Release of Requests for Proposals December 15, 2022
Submittal of Questions December 20, 2022 by 3:00 pm
Response to Questions December 22, 2022 by 5:00 pm
Proposal Due Date January 4, 2022 by 3:00 pm
Proposal Review/Evaluation Week of January 09, 2022
Optional Interview (if required) Week of January 09, 2022 Tentative City Council award January 2023
Tentative Start date January/February 2023
* These dates are anticipated and may change.

VI. LIST OF INTERESTED PROPOSERS
The full content of the RFP is available through the City website at www.cityofmaywood.org. If addendums are necessary, they will be posted onto the previously mentioned websites as well. All respondents interested in proposing on this RFP are encouraged to sign-up on the "List of Interested Proposers" for the project. This list will be used to email any project updates, addendums, changes or responses to written inquires and will be distributed to all interested contractors. To get on the list please email [email protected] or call, (323) 562-5747.

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

VIII. SUBMITTAL PROCEDURES
Submittals shall comply with all conditions, requirements and specifications contained herein, with any departure rendering the proposal non-responsive and may serve as grounds for rejection of the proposal at the City’s sole discretion. The submittal shall contain the name of this RFP and Respondents shall provide four (4) copies of the of the proposal (three bound and one unbound), single sided.

All proposal submittals shall be mailed or delivered and received by the City no later than January 04, 2022 at 3:00 p.m. addressed as follows:

7 City of Maywood
City Clerk’s Office
Attention: Shirley Quinones
4319 Slauson Avenue
Maywood, CA 90270
For delivery purposes, the City Clerk’s phone number for the City is (323) 562-5700. In addition to the submission of the hard copies of the proposal, Respondents shall also submit one electronic copy (searchable PDF format) by the same date and time to Shirley Quinones, [email protected].

IX. SUBMITTAL FORMAT
All Respondents must submit qualifications according to the specifications set forth below.

Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Responses should emphasize the Respondent’s demonstrated capability to perform work of this type.

Proposals shall be valid for a minimum of 90 days following submission. Expensive bindings, colored displays, promotional materials, etc., are not necessary or desired. The City reserves the right to request additional information that, in the City’s opinion, is necessary to ensure that the Proposer’s competence, qualified employees, business organization and financial resources are adequate for the performance of the services under this RFP.

A. WORK PROPOSAL

1. Cover Letter
a. Provide a cover letter including the Respondent’s name, address and telephone number of the contact person(s) who is authorized to submit the proposal on behalf of the
Respondent. The cover letter shall include a brief general statement of intent to perform the services and correspondent that all elements of the RFP have been reviewed and
understood. The letter should include a brief description of the Respondent’s Respondent. The letter should be signed by an individual who can bind the Respondent contractually. b. There shall be one person from the Respondent identified in the proposal who shall be the Respondent’s designated
representative and who is responsible for the services listed in "Section IV - Scope of Services" of this RFP (“Point of Contact”).
c. If applicable, Respondent shall acknowledge receipt of any addendum to the RFP.

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

3. Experience and Qualifications

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

Provide a description of the Respondent’s Respondent, its size and organization, the number and location of offices and general operational structure. Include a discussion
demonstrating that the Respondent has the resources
(financial, equipment, labor and capacity) available to provide services under this RFP from the first day at the start of the work.
b. At a minimum, Respondent should have at least three (3) years of consecutive experience.
c. Provide at least three references that received similar services from your Respondent at a minimum over the last five years. Include name of organization, contact name, telephone number and email address.
d. Demonstrate the qualifications of all personnel to be assigned to the City, including key personnel, by providing resumes and/or relative experience summaries describing their
education, credentials, licensing, training and related experience and their proposed roles for this contract.
e. Provide an organization chart of the proposed team, including a contingency plan should a member of the proposed team be unable to fulfill their responsibilities.
f. Respondent shall hold the required license(s) to perform the work and provide proof of required license for itself and its personnel.

4. Approach to Scope of Services
a. This section should set forth a comprehensive description of the approach to providing the Scope of Services and should clearly demonstrate an understanding of the City’s
requirements, the work to be done and the objectives to be accomplished.
b. Provide a description of the work plan for the services describing how each task under the Scope of Services will be accomplished. This may be used as an Exhibit for the Scope of Services to the agreement.
c. Provide any other information or tasks that Respondent believes necessary to complete the Scope of Services.

B. COST PROPOSAL

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

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

X. AGREEMENT FOR PROFESSIONAL SERVICES
The City of Maywood’s Agreement for Professional Services (Attachment 2) is included for review and comment. The Respondent’s submission of a proposal indicates Respondent’s compliance of such terms, unless the proposal indicates that compliance is not possible. Proposed revisions should be addressed in the cover letter, however, the City maintains discretion to accept or reject the Respondent’s request for revisions. The City reserves the right to make any revisions to the proposed professional services agreement.

XI. GENERAL ADMINISTRATIVE INFORMATION
All respondents are advised to become familiar with all conditions, instructions and specifications of this RFP. By submitting a proposal, Respondent represents that it has thoroughly examined and become familiar with the work required under this RFP and that the Respondent has conducted such additional investigation as it deems necessary and convenient (i.e. visiting the locations), that Respondent is capable of providing the equipment, goods and services necessary to furnish landscape maintenance in a manner that meets the City’s objectives in this RFP. Once the contract has been made, a failure to have read the conditions or conduct any investigations of the properties shall not be cause to alter the contract or for Respondent to request additional compensation.

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

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

The City reserves the right to accept, reject, modify or cancel in whole or in part, this RFP.

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

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

XII. SUBMITTAL DUE DATE
The submittal package must be received prior to the submittal date specified in "Section V - Schedule" of this RFP. Respondents mailing a proposal must allow sufficient delivery time to ensure timely receipt of the proposal by the date and time specified. Submittals arriving after the deadline will not be considered.

XIII. SELECTION PROCESS
All proposals timely received shall be reviewed to verify that the proposal meets the minimum requirements and qualifications. Proposals that have not complied with requirements, do not meet minimum content and quality standards, or take unacceptable exceptions to the professional services agreement, may be eliminated from further consideration at the discretion of the City. Proposals will be reviewed and evaluated by an evaluation committee comprised of City of Maywood personnel.

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

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

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

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

As part of the evaluation, the City will also contact references listed in the proposal. City Selection Panel will review the proposals received, and rank them based on the above criteria, and establish highest ranked consultant. The City may choose not to conduct oral interviews and negotiate a contract with the highest ranked consultant after the evaluation of written proposals.

At City’s discretion, the City may also conduct oral interviews with the top 3 ranked consultants. If oral interviews are conducted, the City will inform the selected proposers and provide the evaluation criteria for oral interviews at that time. After evaluations, the City will select the consultant who has is ranked highest.

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

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

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

12 XVI. ATTACHMENTS
Attachment 1. Form Professional Services Agreement
Attachment 2. Site Map

ATTACHMENT 1
Form Professional Services Agreement

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated (“Effective Date”) and is between the City of Maywood, a California municipal corporation (“City”) and _____________ (“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 Consultant to perform ____________________________________.

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.

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.

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 ________________ (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.

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.

Standard of Performance. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

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.

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

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 _________________, unless sooner terminated as provided in Section 12 of this Agreement or extended.

Compensation.

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, __________________, 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 $___________, which includes expenses and additional services (if any) during the term of this Agreement (“Maximum Compensation”).

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.

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 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.

3. Method of Payment.

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.

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.

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.

4. Independent Consultant. Consultant is, and shall at all times remain as to City, a wholly independent Consultant. 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.

Information and Documents.

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 any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena.

Consultant 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.

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.

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

5. 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.

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

A. Indemnities.

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.

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).

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, 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.

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.

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

7. Insurance.

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:

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.

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.

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.

Acceptability of Insurers. The insurance policies required under this Section shall be issued by an insurer admitted 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.

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.

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 selfinsurance 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.

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

subconsultants from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.

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.

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.

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.

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.

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.

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.

8. Mutual Cooperation.

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.

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.

9. 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.

10. Termination of Agreement.

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.

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.

11. 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.

Default.

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.

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.

12. 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 _________________
City of Maywood _________________
4319 East Slauson Avenue _________________
Maywood, California 90270 _________________

13. 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 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.

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.

14. 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.

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.

15. 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.

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.

16. 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.

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.

17. 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.

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.

18. 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.

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.

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

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.

20. 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.

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.

21. 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.

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]

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:

NAME OF CONSULTANT
By:

Name: ___________________
Title: ____________________

ATTACHMENT 2
Site Map

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 11.

DATE: December 14, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: ROXANNE DIAZ, CITY ATTORNEY
SUBJECT: INTRODUCTION OF UNCODIFIED ORDINANCE NO. 22-03 REPEALING ORDINANCE NO. 16-01 REGARDING THE DATE AND TIME OF REGULAR CITY

COUNCIL MEETINGS
RECOMMENDATION:

Staff recommends that the City Council introduce Ordinance No. 22-03, "An Uncodified Ordinance Repealing Ordinance No. 16-01 Regarding the Date and Time of Regular City Council Meetings" by title only, waive full reading of the ordinance and request the City Attorney to read the title of the ordinance.

BACKGROUND:

The City Attorney's Office is bringing forward this unmodified ordinance item as a clean-up item. The City staff is continually reviewing its processes and procedures to ensure efficiency. Maywood Municipal Code Section 2-1.01 entitled "Meeting Times" provides that regular meetings of the City Council shall be set by City Council resolution. In 2016, the City Council adopted an ordinance not a resolution to establish its meeting date and times, which was in error.

DISCUSSION:

The proposed uncodified ordinance will repeal Ordinance No. 16-01 which established City Council meeting dates and times by ordinance, which is not required by the City's Municipal Code. The Municipal Code provides that such dates and times be set by "resolution." Unlike an ordinance, which requires that it be placed on two separate agendas (one agenda for first reading and the second agenda for adoption), as well as a waiting period of 30 days before the ordinance becomes effective, a resolution is placed only on one agenda and once it is passed the resolution is effective immediately. Repealing Ordinance No. 16-01 will allow the City Council flexibility as well as promote efficiency in our processes as Section 2-1.01 of the Municipal Code clearly states that meeting dates and times should be established by resolution. City Staff will return with a proper resolution prior to the effective date of the proposed ordinance so that we are in compliance with our own Municipal Code.

LEGAL REVIEW:

This report and the proposed ordinance were drafted by the City Attorney.

FISCAL IMPACT:

This is no fiscal impact with this action.

ATTACHMENT(S)

AGENDA ITEM No.

11. ORDINANCE NO. 22-03

AN UNCODIFIED ORDINANCE OF THE CITY OF MAYWOOD
REPEALING ORDINANCE NO. 16-01 REGARDING THE DATE AND

TIME OF REGULAR CITY COUNCIL MEETINGS
THE CITY COUNCIL OF THE CITY OF MAYWOOD DOES ORDAIN AS FOLLOWS:

Section 1. Repeal. Ordinance No. 16.01 establishing new dates and times for regular City Council meetings is hereby repealed.

Section 2. Effective Date of Ordinance. This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

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

PASSED, APPROVED AND ADOPTED THIS ____day of January, 2023. _______________________
Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Andrea Aguilar, City Clerk Roxanne Diaz, City Attorney

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF MAYWOOD )
I, Andrea Aguilar , City Clerk of the City Council of the City of Maywood, do hereby certify that foregoing Ordinance No. 22-03 was adopted at a regular meeting of the City Council of the City of Maywood held on the ______ day of January, 2023 by the following roll call vote, to wit:

AYES:

NAYES:

ABSENT:

ABSTAINED:
_________________________
Andrea Aguilar, City Clerk

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 12.

DATE: December 14, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: SHIRLEY QUINONES, EXECUTIVE ASSISTANT/DEPUTY CITY CLERK SUBJECT: RESOLUTION NO. 6276 OF THE CITY OF MAYWOOD CERTIFYING AND

DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION CONDUCTED ON NOVEMBER 8, 2022
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 6276 declaring the results of the November 8, 2022 General Municipal Election with the attached “Exhibit A” containing the Los Angeles County RegistrarRecorder/County Clerk’s Certificate of the Canvass of the Election Returns.

BACKGROUND:

On June 8, 2022, the City Council adopted Resolution No. 6249 calling for and giving notice of November 8, 2022, General Municipal Election for the election of three members of the City Council and the unexpired term of the City Clerk; Resolution No. 6250 requesting that the Board of Supervisors of the County of Los Angeles consolidate the City's General Municipal Election with the Statewide Election to be held on November 8, 2022, pursuant to Section 10403 of the Elections Code; and Resolution No. 6251adopting regulations for candidate statements.

Pursuant to Resolution No. 6250, the City took action to request the Los Angeles County Registrar-Recorder to consolidate the City’s General Municipal Election with the Statewide General Election as well as render specified election services to the City. Specifically, the Registrar-Recorder was retained to perform all services related to the handling of ballots, including the canvas of ballots.

Notice of the election was given in the manner provided by law and on November 8, 2022, the City’s General Municipal Election was held. In accordance with the City’s request, the Los Angeles County Election Information and Preparation Division canvassed the returns of the election and has provided their certificate of the results, which is attached as Exhibit "A" to the Resolution for adoption by the City Council.

DISCUSSION:

The County has completed the canvass of the results and the appropriate Resolution has been prepared for adoption. On Monday, December 5, 2022, Los Angeles County certified an Official Canvass Certificate and Official Statement of Votes of the Election Results. Attached Resolution No. 6276 declares the results of the Election and attached “Exhibit A” contains the Los Angeles County Registrar-Recorder’s Certificate of Canvass and Statement of Votes Cast.

With respect to the election of three members of the City Council and City Clerk, the number of vote-by-mail ballots and provisional ballots cast in the City was 2,667. The names of persons voted for and votes cast for each person in the election for members of the City Council as well as the City Clerk are as follows:

CITY COUNCIL
Candidate Votes Cast
Eduardo De La Riva 1,382
Carlos Alvarez 440
Mayra Aguilz 1,372
Maria Rosas 778
Carmen Perez 734
Heber Marquez 1,340

CITY CLERK
Candidate Votes Cast
Andrea Aguilar 2,194
Accordingly, the proposed resolution declares and determines that Eduardo De La Riva, Mayra Aguiluz, and Heber Marquez were elected as members of the City Council for the full term of four (4) years; Andrea Aguilar was elected as the City Clerk for the unexpired term.

The Elections Official is required to enter in the City's records a statement of the result of the election, showing:
(1) the whole number of ballots cast in the City; (2) the names of the persons voted for; (3) the number of votes given at each precinct to each person; and (4) the total number of votes given to each person.

As required by law, the Elections Official is to make and deliver to each of the persons elected a Certificate of Election signed by the Elections Official/Deputy City Clerk and the Elections Official/Deputy City Clerk will also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and will have them subscribe to it and file it in the Office of the City Clerk. Each person elected will then be inducted into their respective office.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

There is no fiscal impact with this action.

ATTACHMENT(S)

1. Nov 8 2022 - Official Election Canvass Certificate and Statement of Votes Cast

AGENDA ITEM No.

12. RESOLUTION NO. 6276

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MAYWOOD RECITING THE FACT OF THE GENERAL ELECTION
HELD ON TUESDAY, NOVEMBER 8, 2022 DECLARING THE

RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the City of Maywood on Tuesday, November 8, 2022, in conjunction with the Statewide Presidential Election, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed by the Registrar of Voters of Los Angeles County, and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California; and WHEREAS, the Los Angeles County Registrar-Recorder/County Clerk canvassed the returns of the elections and has certified the results to this City Council, the results are received, attached and made a part hereof as “Exhibit A”

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MAYWOOD, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. With respect to the election for Member of the City Council, the whole number of ballots cast in the precincts, except vote-by-mail ballots and provisional ballots, was 643. The whole number of vote-by-mail ballots cast in the City, including any provisional vote-by-mail ballots in the City was 2024, for a grand total of 2,667 ballots cast in the City.

Section 2. With respect to the election for the City Clerk, the whole number of ballots cast in the precincts, except vote-by-mail ballots and provisional ballots, was 643. The whole number of vote-by-mail ballots cast in the City, including any provisional vote-by-mail ballots in the City was 2024, for a grand total of 2,667 ballots cast in the City.

Section 3. That the names of the persons voted for in the election for Member of the City Council were as follows:

Eduardo De La Riva
Carlos Avarez
Mayra Aguiluz
Maria Rosas
Carmen Perez
Heber Marquez
Section 4. That the names of persons voted for at the election of City Clerk were as follows:

Andrea Aguilar
Section 5. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were as listed in “Exhibit A” attached to this Resolution.

Section 6. The City Council declares and determines that Eduardo De La Riva was elected as Member of the City Council for the full term of four (4) years; Mayra Aguiluz was elected as Member of the City Council for the full term of four (4) years; and Heber Marquez was elected as Member of the City Council for the full term of four (4) years.

Section 7. The City Council declares and determines that Andrea Aguilar was elected as the City Clerk for the unexpired term of the City Clerk.

Section 8. The Elections Official or Deputy City Clerk shall enter in the records of the City a statement of the result of the election, showing: (1) the whole number of ballots cast in the City; (2) the names of the persons voted for; (3) for what office each person was voted for; (4) the number of votes given at each precinct to each person; and (5) the total

number of votes given to each person.

Section 9. The Elections Official or Deputy City Clerk shall immediately make and deliver to each of the persons so elected, a Certificate of Election signed by the Elections Official or Deputy City Clerk and authenticated; and the Elections Official or Deputy City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and will have them subscribe to it and file it in the Office of the City Clerk. Each and all of the persons so elected will then be inducted into the respective office to which they have been elected.

Section 10. The City Clerk will certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

PASSED, APPROVED, AND ADOPTED THIS 14th day of December 2022. _______________________
Heber Marquez, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Andrea Aguilar, City Clerk Roxanne Diaz, City Attorney

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF MAYWOOD )
I, Andrea Aguilar, City Clerk of the City Council of the City of Maywood, do hereby certify that foregoing Resolution No. 6276 was duly passed and adopted by the City Council of the City of Maywood, at a regular meeting of the City Council held on the 14th day of December 2022 by the following roll call vote, to wit:

AYES:

NAYES:

ABSENT:

ABSTAINED:
_________________________
Andrea Aguilar, City Clerk

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 13.

DATE: December 14, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: NANCY RODRIGUEZ, HUMAN RESOURCE MANAGER
SUBJECT: CONSIDERATION OF APPROVAL OF RESOLUTION NO. 6277, ADOPTING AND

APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE

CITY OF MAYWOOD AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME), DISTRICT COUNCIL 36, LOCAL 4319, AND A BUDGET AMENDMENT APPROVAL IN AN AMOUNT OF $53,283.97.

RECOMMENDATION:

Staff recommends that the City Council (i) adopt Resolution No. 6277, (ii) approve the Memorandum of Understanding with Maywood Employees' Association (MEA) affiliated with the American Federation of State, County, and Municipal Employees (AFSCME) for a three-year term beginning July 1, 2022 and ending June 30, 2025 and (iii) approve a budget amendment in the amount of $53,283.97.

BACKGROUND:

On July 22, 2020, Maywood City Council recognized MEA as the exclusive representative of full-time, nonmanagement, rank and file City employees. Pursuant to the City of Maywood’s Resolution 6130, MEA recognizes the City Manager or his/her designee as the negotiating representative for the City of Maywood. As of November 5, 2021, the Public Employment Relations Board recognized MEA’s affiliation with the American Federation of State, County, and Municipal Employees (AFSCME) District Council 36, Local 4319.The City's negotiating team and MEA negotiation team have been meeting and conferring in good faith since April of this year. The parties reached a tentative agreement on September 23, 2022.

DISCUSSION:

The City and AFSCME have come to an agreement based on negotiations regarding the previous 2020-2022 memorandum of Understanding (MOU). The attached MOU covers fiscal years 2022-2025 and reflects the following changes:
 1st Contract Year Cost of Living Adjustment of 2.5%, retroactively applied back to July 2022.  2nd Contract Year Cost of Living Adjustment of 2.5%.
 3rd Contract Year Cost of Living Adjustment of 2.5%.
 Juneteenth Day will be earned as a Floating Holiday.
 Essential Worker Pay: A one-time lump sum payment of Three Thousand Dollars ($3,000.00) will be paid to eligible unit members no later than 30 days following the ratification of this agreement. The payment will be subject to any required withholdings. The union acknowledges and agrees the payment is not subject to Public Employment Retirement Services (“PERS”) withholdings or consideration.

 Additional Duties Pay: Increased the additional compensation equal to ten percent (10%) of their base pay.
 The parties agreed to the addition of Catastrophic Leave.  The parties may elect to re-open the Article X Employee Benefits agreement for negotiations to discuss the logistics of a 9/80 working week.
 The parties agreed on a streamlined process for handling the grievance process.

LEGAL REVIEW:

Legal Counsel has reviewed this report.

FISCAL IMPACT:

The fiscal impact of the proposed MOU covers two items. First, it covers the Cost of Living Adjustments (COLAs) plus benefits for three fiscal years - 2022-23, 2023-24, and 2024-25.

The fiscal impact of:
 The first year (2022-23) is $16,672.06 + $3,611.91 = $20,283.97;  The second year (2023-24) is $17,088.86 + $3,935.18 = $21,024.04;  The third year (2024-25) is $17,516.08 + $4,287.38 = $21,803.46  For a total of $51,277.00 + $11,834.47 =$63,111.47.

Payroll (salaries and benefits) is allocated across several funds, therefore this budget amendment (adjustment) will also be allocated across funds based on current payroll allocations.

Second, the proposed MOU provides each designated essential worker with $3,000.00; a one-time payment that is not subject to Public Employment Retirement Services -“PERS”- withholdings or consideration. There are 11 positions that will qualify for the Essential Worker Pay. The cost of the Essential Worker Pay for this group will not exceed $33,000.00 for FY 2022-23. Based on the final rule from the U.S. Department of Treasury, the City is allowed to utilize the American Rescue Plan Act (ARPA) Funding to cover Essential Worker Pay. This funding was not allocated in the Fiscal Year 2022-23 Budget. Therefore, a budget amendment (adjustment) in FY (2022-23) from the Special Revenue Fund - Local Fiscal Recovery Funds (e.g.ARPA) is for Essential Worker Pay $33,000.00.

F.Y. 22-23 Impact: The first year (2022-23) COLA
$20,283.97+ Essential Worker Pay $33,000.00 =
$53,283.97
Current F.Y. Budget:

Fund Impacted:
- Essential Worker Pay: 273 Local Fiscal
Recovery Fund
- COLAs: Various Funds
Budget adjustment requested: $53,283.97
Source of funds: Various Funds Updated Account Budget: N/A Account Number: 5103 Salaries
Benefits
5201 CalPERS Retirement (Current Employees)
5220 City Portion of Medicare Expense
For fiscal year: N/A

ATTACHMENT(S)

1. 2022-25 Memorandum of Understanding (MOU) _City and Union Agreement_Final Review

AGENDA ITEM No.

13. RESOLUTION NO. 6277

RESOLUTION OF THE MAYWOOD CITY COUNCIL ADOPTING AND APPROVING THE TERMS AND PROVISIONS OF THE 2022-2025 MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF MAYWOOD AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME), DISTRICT COUNCIL 36, LOCAL 4319
WHEREAS, the City of Maywood ("City") is a general law city and a public agency as defined in Government Code Section 350l(c); and
WHEREAS, as of November 5, 2021, the Public Employment Relations Board recognized Maywood Employee Association's (MEA) affiliation with the American Federation of State, County, and Municipal Employees (AFSCME) District Council 36, Local 4319 and is a recognized employee organization within the meaning of Government Code Section 3501 (b); and
WHEREAS, the previous two-year Memorandum of Understanding between the City and MEA had an effective date of July 1, 2020 and expires on June 30, 2022; and
WHEREAS, representatives of the City and representatives of AFSCME met and conferred in good faith on a successor agreement on the terms and conditions of employment, within the meaning of Government Code Section 3505, by and between the City and members of AFSCME for fiscal years 2022-2025; and WHEREAS, on November 10, 2022, members of AFSCME ratified the 2022-2025 Memorandum of Understanding prepared to memorialize the deal points agreed upon by the parties.

NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF MAYWOOD DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That pursuant to Government Code Section 3505.1, as the terms of the "Memorandum of Understanding Between the City of Maywood and the AFSCME, July 1, 2022 - June 30, 2025 ("2022-2025 Memorandum of Understanding"), attached hereto and incorporated herein as Exhibit A, were reached by representatives of the City and AFSCME, representatives of the City and AFSCME have jointly prepared the 2022-2025 Memorandum of Understanding, which agreement is not binding until approved by the City Council of the City and the members of AFSCME.

SECTION 2. That the 2022-2025 Memorandum of Understanding, which has been approved by AFSCME, is hereby adopted by the City of Maywood for fiscal years 2022-2025.

SECTION 3. That all provisions contained in the 2022-2025 Memorandum of Understanding attached hereto shall, where any conflict exists, supersede all previously adopted memoranda of understanding between AFSCME and the City.

SECTION 4. The City Clerk shall certify the passage and adoption of this resolution.

PASSED, APPROVED AND ADOPTED THIS 14th day of December, 2022. _______________________
Heber Marquez, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Andrea Aguilar, City Clerk Roxanne Diaz, City Attorney

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF MAYWOOD )
I, Andrea Aguilar , City Clerk of the City Council of the City of Maywood, do hereby certify that foregoing Resolution No. 6277 was duly passed and adopted by the City Council of the City of Maywood, at a regular meeting of the City Council held on the 14th day of December, 2022 by the following roll call vote, to wit:

AYES:

NAYES:

ABSENT:

ABSTAINED:
_________________________
Andrea Aguilar, City Clerk

1 MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF MAYWOOD AND AFSCME
DISTRICT COUNCIL, 36, LOCAL 4319,
MAYWOOD EMPLOYEES’ ASSOCIATION FOR THE
PERIOD BEGINNING JULY 1, 2022
AND ENDING JUNE 30, 2025

2 PREAMBLE
Pursuant to the City of Maywood’s Resolution 2618 Maywood Employees’ Association (MEA) submitted a petition to be recognized by the City. On July 22, 2020, Maywood City Council recognized MEA as the exclusive representative of full-time, nonmanagement, rank and file City employees.

Pursuant to the City of Maywood’s Resolution 6130, MEA recognizes the City Manager or his/her designee as the negotiating representative for the City of Maywood and shall negotiate exclusively with the City Manager or his/her designee, except as otherwise specifically spelled out in the Agreement.

Pursuant to Chapter 10 (Section 3500 et seq.) of Division 4, Title 1 of the Government Code and the Employer-Employee Relations Resolution of the City of Maywood, the matters within the scope of representation that are set forth in this Memorandum of Understanding have been discussed by the representatives of the City of Maywood (“City”) and representatives of the City of Maywood Employees’ Association (“Association”).

The matters within the scope of representation that are set forth in this Memorandum of Understanding have been discussed in good faith and agreed to by the City and the Union as constituting an equitable adjustment to present wages, hours and other terms and conditions of employment as evidenced by the signatures of the duly authorized representatives of the City and the Union.

As of November 5, 2021, the Public Employment Relations Board recognized MEA’s affiliation with the American Federation of State, County, and Municipal Employees (AFSCME) District Council, 36, Local 4319.

The terms of the MOU supersede any conditions of employment imposed on the covered employees by other rules or regulations such as Personnel Rules and the Municipal Code. .

3 Table of Contents
Page
Article 1: Definition of Terms…………………………... 1
Article II: Compensation………………………………... 5
Article III: Leave Procedures………………………….... 8
Article IV: Insurance and Retirement Benefits………... 11
Article V: Union Rights………………………………….. 12
Article VI: City Rights…………………………………….. 14
Article VII: Union Security………………………………... 15
Article VIII: Other Matters within the Scope of
Representation…………………………….…
15 Article IX: Modification and Duration…………………... 16
Article X: Employee Benefits…………………………... 17
Article XI: Probationary Procedures………………….... 19
Article XII: Termination Procedures…………………….. 20
Article XIII: Disciplinary Procedures……………………... 20
Article XIV: Appeal Procedures…………………………... 22
Article XV: Grievance Procedures………………………. 24
Article XVI: Conflict with MOU……………………………. 29
Article XVII: Evergreen Clause………………………….... 29
Attachment A: Fiscal Year 2021-22 MEA Salary
Schedule……………………………………….
30 Attachment B: Fiscal Year 2022-23 MEA Salary
Schedule……………………………………….
31 Attachment C: Fiscal Year 2023-24 MEA Salary
Schedule…………………………………….…
32 Attachment D: Fiscal Year 2024-25 MEA Salary
Schedule……………………………………….
33

4 ARTICLE I

DEFINITION OF TERMS
The following terms, whenever used in this Memorandum of Understanding, shall have the meaning set forth in this article.

SECTION 1 – BUSINESS DAY: Business day shall mean days that are neither weekends (Saturday or Sunday) or City recognized holidays. Workday shall mean the same as business day.

SECTION 2 - CLASSIFICATION: A position or positions assigned to the same job title.

SECTION 3 - DAY: Day shall mean calendar days except, where specified in this agreement.

SECTION 4 – EMPLOYEE: An individual compensated through the City payroll and appointed to one of the classifications represented by the Union as set forth in Attachment A.

SECTION 5 – LEAVE: An authorized absence from work.

SECTION 6 - POSITION: The duties and responsibilities assigned to an employee within a classification.

SECTION 7 – PAY RATE: The regular monthly or hourly rate of pay that is assigned to an employee.

SECTION 8 – SENIORITY: The total time employed as a full-time employee of the City and the time employed as a part-time or interim employee if such time was spent working the duties of a full-time position.

SECTION 9 – SERVICE: Employment with the City.

SECTION 10 – ADVANCE WRITTEN NOTICE: A request for leave submitted on a recognized leave form of the City and approved by the employee’s Department Head.

SECTION 11 – PERSONNEL RULES/EMPLOYEES’ MANUAL: References Policies and procedures, Federal and State Laws on Sexual Harassment, NonDiscrimination Act, and the Americans with Disabilities Act.

SECTION 12 – ANNIVERSARY DATE: The date of full-time employment, reinstatement, or promotion that is observed on an annual basis for salary increases.

5 ARTICLE II

COMPENSATION
SECTION 1 – PREPARATION OF COMPENSATION PLAN: The City of Maywood, by way of, the City Manager and/or designee shall be responsible for the maintenance of the City’s compensation plan. The compensation schedule shall contain a list of the job classifications within the bargaining unit(s) represented by the Union and their corresponding salary range attached hereto as Attachment A.

SECTION 2 – ESTABLISHMENT OF PAY RATES: Upon appointment, an individual shall be assigned to a step on the salary range established for the classification. An employee may advance to the next higher step within their salary range if said employee is performing at a satisfactory or above level. A promotion or new appointment will not result in a new anniversary date, will include a 6-month probationary period.

It shall be the duty of the department head to delegate the responsibility of every employee’s rating to that level of supervision having immediate knowledge of the employee’s work. An employee shall be rated by his immediate supervisor and that rating shall be reviewed by the department head.

As of July 1, 2021 all step increases are frozen; however, upon the informal close of the City’s financial books in or around August 2021 the City and MEA agree to discuss the topic of unfreezing step increases.

On July 1, 2021 all employee’s wages will be in line with the established salary range for their classification; if an employee’s current wage is not on the salary range schedule, they will be placed in a step that will ensure no loss of wages.

SECTION 3 – WAGES: General salary increase is as follows and are attached hereto as Attachments A, B and C:

A. Effective the start of the first full pay period in July 2022 and upon adoption of the new fiscal year’s budget, salary ranges will be increased by 2.5% for Cost of Living (COLA) adjustment.

B. Effective the start of the first full pay period in July 2023, and upon adoption of the new fiscal year’s budget, salary ranges will be increased by 2.5% for Cost of Living (COLA) adjustment.

C. Effective the start of the first full pay period in July 2024, and upon adoption of the new fiscal year’s budget, salary ranges will be increased by 2.5% for Cost of Living (COLA) adjustment.

SECTION 4 - ESSENTIAL WORKER PAY

6 1. Pursuant to the American Rescue Plan Act of 2021, the City will issue a one-time lump sum payment of Three Thousand Dollars ($3,000.00) to eligible unit members no later than 30 days following the ratification of this agreement. The payment will be subject to any required
withholdings. Union acknowledges and agrees the payment is not subject to Public Employment Retirement Services (“PERS”) withholdings or consideration.

2. In order for a unit member to be eligible to receive the full premium pay listed in Paragraph 1, the unit member must satisfy all of the following requirements:
a) Must have performed “essential work” as defined by the American Rescue Plan Act of 2021
b) In order to receive the payments, the unit member must be employed by the City on the dates the payments are made.

SECTION 5 – ADDITIONAL DUTIES PAY: Represented employees required and designated by the City Manager and/or a City Representative to perform specially assigned or extra duties outside the scope of their job description as deemed necessary during City business shall receive an additional compensation equal to ten percent (10%) of their base salary and no less than $2.00/hour, whichever is greater. Additional Duties Pay shall remain in effect only for the duration of the designated assignment.

SECTION 6 –COMPENSATORY TIME: The City shall provide non-exempt employees with compensation or compensatory time off in lieu of compensation, at the discretion of the employee, for overtime work subject to the provisions of the Fair Labor Standards Act (FLSA). . If the City suspends operations due to a State or federal holiday, employees who would otherwise have been scheduled to work on that day shall have the number of hours in their scheduled shift added to the number of “hours worked” for the purpose of calculating overtime. Calculation for overtime is time and one half for the scheduled work week and same for mandatory work on Saturdays, Sunday and Holidays referenced in Article III.

A. Meal Allowance: An employee recalled to work due to an emergency shall be reimbursed for the actual cost of a meal purchased by the employee up to a maximum of $10.00. The employee must submit a receipt for the meal in order to be entitled to reimbursement.

SECTION 7 – DISTRIBUTION OF OVERTIME: The assignment of overtime work (1 ½) shall be the responsibility of the division head and the department head. All overtime work shall receive prior authorization..

A. Emergency Work/Storm Patrol: Emergency work related to callouts on offhours and storm patrol work will be assigned as follows:

7 1. When emergency needs are assigned, personnel will be contacted to work in the following order:
(a) Personnel that is uniquely qualified for the needed response. (b) Personnel that have a related qualification and has the shortest response time to the disaster or emergency.

B. General Guidelines: At all times, whenever feasible, based on seniority, overtime will be assigned on an equal opportunity basis.

SECTION 8 – ALLOWANCE FOR MILEAGE: The City shall reimburse employees for use of their personal vehicles for official City business to match the amount allowed by the regulations of the Internal Revenue Service. This shall occur when a City vehicle is not available for the employee’s use.

SECTION 9 – CALL BACK: Employees who are called back to work after completion of their regular shift shall receive three (2) hours of compensation or compensatory time off in lieu of compensation, or time actually worked, whichever is greater.

SECTION 10 – NIGHT SHIFT DIFFERENTIAL: Night shift differential shall be paid at five percent (5%) of their base salary to any regular full-time whose schedule requires the employee to work between the hours of 6:00 PM and 6:00 AM provided that either:

A. The employee is regularly scheduled to work ½ (50%) or more of his/her shift between the hours of 6:00 PM and 6:00 AM.

B. The employee is NOT regularly scheduled but on individual workdays of their work week they are required to work ½ (50%) or more of the scheduled workday shift between the hours of 6:00 PM and 6:00 AM.

SECTION 11 – CONFLICT WITH MOU: In the event of any conflict between any City Personnel Rules and Regulations, City Resolutions and/or policies and this MOU, the MOU, if ratified by the City Council, shall prevail.

8 ARTICLE III

LEAVE PROCEDURES
SECTION 1 – DESIGNATED CITY HOLIDAYS:

A. Every employee shall be provided with the following holidays with pay each year and such other as may be designated by action of the City Council:

1. New Year’s Day, January 1st

2. Martin Luther King Jr. Day, third Monday in January

3. Presidents’ Day, third Monday in February

4. Memorial Day, last Monday in May

5. Independence Day, July 4th

6. Labor Day, first Monday in September

7. Veterans’ Day

8. Thanksgiving Day

9. Day After Thanksgiving

10. Christmas Eve, December 24th

11. Christmas Day, December 25th

12. New Year’s Eve, December 31st

13. Floating Holiday (Cesar Chavez Day, March 31st)

14. Floating Holiday (Juneteenth, June 19th; accrued on June 1st) With prior approval, employees may use the Floating Holiday on any other scheduled workday after the date it is accrued. The Floating Holiday must be used in the fiscal year granted. It may not be accrued or carried over to subsequent year and is not subject to cash payment at termination. Department Head approval of floating holiday leave shall be obtained prior to its use with no less than 72 hours’ notice.

If an employee is mandated to work on a Holiday, other than a Floating Holiday, in lieu of receiving holiday pay, the employee assigned to work shall receive premium pay at the rate of double-time for hours worked.

When a designated holiday falls on a Saturday, the preceding Friday shall be treated as a designated holiday. When a designated holiday falls on a Sunday, the following Monday shall be treated as a designated holiday.

Employees may request an additional vacation day prior or after a scheduled holiday, if approved by the Department Head. Requests must be submitted at least two weeks prior to the requested vacation.

SECTION 2 – COMPENSATORY LEAVE: The City shall provide employees with compensatory leave subject to the following conditions:

A. Compensatory time off is an alternative method of overtime payment to nonexempt employees. In lieu of paying a non-exempt employee for overtime