Maywood City Council
March 22, 2023

AGENDA

REGULAR MEETING OF THE MAYWOOD CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY

REDEVELOPMENT AGENCY
WEDNESDAY, MARCH 22, 2023 AT 6:00 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
Frank Garcia

MAYOR PRO TEM
Mayra Aguiluz

COUNCIL MEMBERS
Jessica Torres
Eduardo De La Riva
Heber Marquez

CITY CLERK
Andrea Aguilar

CITY TREASURER
Mary Mariscal

CITY MANAGER
Jennifer E. Vasquez

CITY ATTORNEY
Roxanne Diaz
III. MEETING PROCEDURES
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/81562742878?pwd=RE1HbnBsVmhkWDhjQWQyQlBWWW9sQT09 Passcode: 085448
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: 815 6274 2878 Passcode: 085448 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 non-agenda 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. PRESENTATIONS

SOUTHERN CALIFORNIA EDISON (SCE) UPDATE REGARDING THE ATLANTIC BOULEVARD VAULT

REPLACEMENT PROJECT

AMERICAN RESCUE PLAN ACT (ARPA) COMMUNITY ENGAGEMENT OUTCOMES REPORT VII. CONSENT CALENDAR
All matters listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council request specific items to be removed from the Consent Calendar for separate discussion or action.

1. MINUTES OF FEBRUARY 21, 2023 ADJOURNED CITY COUNCIL MEETING

2. MINUTES OF FEBRUARY 22, 2023 REGULAR CITY COUNCIL MEETING

3. MINUTES OF FEBRUARY 27, 2023 SPECIAL CITY COUNCIL MEETING

4. MINUTES OF MARCH 6, 2023 ADJOURNED CITY COUNCIL MEETING

5. MINUTES OF MARCH 13, 2023 ADJOURNED CITY COUNCIL MEETING

6. RESOLUTION NO. 6290 OF THE CITY COUNCIL OF THE CITY OF MAYWOOD AND

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY REDEVELOPMENT AGENCY

APPROVING THE WARRANTS FOR PAYMENT

7. CONSIDERATION OF AUTHORIZATION TO ADVERTISE REQUEST FOR PROPOSALS (RFP)

FOR PROFESSIONAL DESIGN SERVICES FOR THE CITY OF MAYWOOD BEAUTIFICATION

PROJECT

8. CONSIDERATION OF APPROVING A THREE-YEAR AGREEMENT WITH BASE HILL, INC.

FOR CITY-WIDE JANITORIAL CLEANING SERVICES IN A YEARLY NOT-TO-EXCEED AMOUNT OF $89,875.64 IN YEAR 1 AND $85,375.64 THEREAFTER WITH THE OPTION

OF TWO ADDITIONAL ONE-YEAR EXTENSIONS

9. REVENUE REPORT JULY 2022 - FEBRUARY 2023

10. CONSIDERATION OF RESOLUTION NO. 6289 OPPOSING INITIATIVE 21-0042A1 -

TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT
VIII. DISCUSSION/ACTION ITEMS

11. AN UNCODIFIED URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MAYWOOD, CALIFORNIA AMENDING AND EXTENDING URGENCY ORDINANCE NO. 23- 01-U REGARDING AN INTERIM PROHIBITION OF RENT INCREASES ON CERTAIN

RESIDENTIAL PROPERTIES AND FINDING THAT THE URGENCY ORDINANCE IS NOT

SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

12. REVIEW OF THE CITY OF MAYWOOD'S 2022 (CALENDAR YEAR) HOUSING ELEMENT

ANNUAL PROGRESS REPORT

13. CONSIDERATION OF APPROVING THE COMMUNITY BENEFIT FUND APPLICATION FROM FISHBURN AVENUE ELEMENTARY SCHOOL IN THE AMOUNT OF $10,000.

14. DISCUSS AND PROVIDE DIRECTION TO STAFF REGARDING PROVIDING ASSISTANCE

TO HUB CITIES CONSORTIUM WITH FINANCIAL SUPPORT

15. CONSIDERATION OF APPROVING THE COMMUNITY BENEFIT FUND APPLICATION FROM WOLFPACK PTO SENIOR CLASS OF 2023 IN THE AMOUNT OF $3,101 FOR

BUSES TO GRAD NIGHT.

16. FISCAL YEAR (FY) 22/23 MIDYEAR FINANCIAL REPORT AND CONSIDERATION OF ADOPTION OF RESOLUTION NO.6291 TO AMEND THE FY 22/23 BUDGET

17. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MAYWOOD AMENDING THE

GENERAL PENALTY PROVISIONS IN THE MAYWOOD MUNICIPAL CODE AND THE

CLASSIFICATION OF PENALTIES FOR CERTAIN VIOLATIONS RELATED TO ACTIVITIES IN THE PARKS AS SET FORTH IN CHAPTER 3 OF TITLE 10 OF THE MAYWOOD MUNICIPAL CODE
IX. 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.

X. ADJOURNMENT - The next Regular Meeting of the Maywood City Council is Wednesday, April 26, 2023 at 5:30 p.m.

PUBLIC ACCESS TO MEETING AGENDA AND AGENDA PACKETS
I, _______________________________, Andrea Aguilar, City Clerk or 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

ADJOURNED MEETING OF THE MAYWOOD CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY

REDEVELOPMENT AGENCY
TUESDAY, FEBRUARY 21, 2023 AT 6:00 PM
I. CALL TO ORDER/ROLL CALL
Mayor Garcia called to order at approximately 6:08 p.m.

II. CITY OFFICIALS

MAYOR CITY CLERK
Frank Garcia (present) Andrea Aguilar (present)

MAYOR PRO TEM CITY TREASURER
Mayra Aguiluz (teleconference) Mary Mariscal (teleconference)

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

Steve Fowler, Director of Building and Planning (present) Anthony Rainey, Interim Finance Director (present)
Shirley Quiñones, Deputy City Clerk (present)
Miguel Leon, Administrative Analyst (present)
Claudia Zavala, Community Services Liasion (present)
Karen Iñiguez, Community Development Analyst (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: 834 1864 3622 Passcode: 509724 or
https://us02web.zoom.us/j/83418643622?pwd=UVJudTc1VHlBN0pLWW5QbEFqYlYrZz09 Passcode: 509724
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
None
V. PUBLIC PARTICIPATION (Agenda Items; Time allotted: 3 minutes) The following spoke on Agenda items: None
VI. PRESENTATIONS

GOVERNANCE WORKSHOP PRESENTED BY THE INSTITUTE FOR LOCAL

GOVERNMENT
The Institute for Local Government (ILG) presented a Governance Workshop to the City Council members and staff.

VII. PUBLIC PARTICIPATION (Non-Agenda Items; Time allotted: 3 minutes) The following spoke on Non-Agenda items: None
VIII. ADJOURNMENT
Meeting adjourned at approximately 8:01 p.m. to the next meeting of the Maywood City Council, Wednesday, February 22, 2023 at 6:00 p.m.
_______________________________________
Frank Garcia, Mayor
ATTEST:
________________________________
Andrea Aguilar, City Clerk

AGENDA 2
ITEM NO. _____

MINUTES

REGULAR MEETING OF THE MAYWOOD CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY

REDEVELOPMENT AGENCY
WEDNESDAY, FEBRUARY 22, 2023 AT 6:00 PM
I. CALL TO ORDER/ROLL CALL
Mayor Garcia called to order the meeting at approximately 6:04 p.m.

II. CITY OFFICIALS

MAYOR CITY CLERK
Frank Garcia (present) Andrea Aguilar (present)

MAYOR PRO TEM CITY TREASURER
Mayra Aguiluz (present) Mary Mariscal (teleconference)

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

Steve Fowler, Director of Building and Planning (present) Anthony Rainey, Interim Finance Director (present)
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: 845 0862 5065 Passcode: 326352 or https://us02web.zoom.us/j/84508625065?pwd=TVZ4VEdUcHdIKzNVY1lwZ0dXcTJoUT09

Passcode: 326352
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, Council Members and City Manager provided community updates.

V. PUBLIC PARTICIPATION (Agenda Items; Time allotted: 3 minutes) The following spoke on Agenda items:
1) Mrs. Wilson
VI. PRESENTATIONS

SOUTHERN CALIFORNIA EDISON ELECTRICAL VALUT REPLACEMENT (ATLANTIC/SLAUSON) PROJECT UPDATE
Adrian Garcia from Southern California Edison gave an update on the Southern California Edison Vault Replacement (Atlantic/Slauson) Project.

VII. PUBLIC HEARING
None
VIII. CONSENT CALENDAR

1. MINUTES OF JANUARY 25, 2023 CITY COUNCIL MEETING
Motion to approve Minutes of January 25, 2023 City Council Meeting by De La Riva. Second by Mayor Garcia. AYES: Torres, De La Riva, Marquez, Aguiluz, Garcia. PASSES

2. MINUTES OF JANUARY 30, 2023 ADJOURNED CITY COUNCIL MEETING Motion to approve Minutes of January 30, 2023 Adjourned City Council Meeting by De La Riva. Second by Mayor Garcia. AYES: Torres, De La Riva, Marquez, Aguiluz, Garcia. PASSES

3. MINUTES OF FEBRUARY 6, 2023 SPECIAL CITY COUNCIL MEETING Motion to approve Minutes of February 6, 2023 Special City Council Meeting by De La Riva. Second by Mayor Garcia. AYES: Torres, De La Riva, Marquez, Aguiluz, Garcia. PASSES

4. RESOLUTION NO. 6286 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 for: 1) Accounts Payable in the form of pre-paid warrants of check numbers 090425 through 090548 totaling $1,186,480.85; and 2) Wire Transfers and Automated Clearing House (ACH) that used electronic funds transfer (EFT) dated 01/17/2023 through 02/14/2023 that covered the net payroll dated 01/01/2023 through 01/14/2023; and 3) Adopt Resolution No. 6286 approving Warrants for Payment by De La Riva. Second by Mayor Garcia.

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

5. REVENUE REPORT JULY 2022 - JANUARY 2023
Motion to receive and file Revenue Report July 2022 - January 2023 by De La Riva. Second by Mayor Garcia. AYES: Torres, De La Riva, Marquez, Aguiluz, Garcia. PASSES

6. CONSIDERATION OF AWARD OF CONSTRUCTION CONTRACT TO INTERIOR DEMOLITION, INC. FOR BUILDING DEMOLITION LOCATED AT 5102 DISTRICT BLVD.

Motion to Award a Contract to Interior Demolition, Inc. for Building Demolition Located at 5102 District Blvd. for a total amount of $102,951 and authorize the Mayor to execute the contract in a form approved by the City Attorney and $102,951.00 Budget Amendment to the FY 2022/2023 Adopted Capital Budget and assignment of a new Capital Improvement Program (CIP) number by De La Riva. Second by Mayor Garcia. AYES: Torres, De La Riva, Marquez, Aguiluz, Garcia. PASSES

7. CONSIDERATION OF APPROVING A PROFESSIONAL SERVICES AGREEMENT

WITH CITY FABRICK FOR TECHNICAL PROFESSIONAL SERVICES RELATED

TO THE RANDOLPH AVENUE BEAUTIFICATION PROJECT IN THE AMOUNT NOT TO EXCEED $284,280 AND APPROPRIATE THE NECESSARY FUNDING FROM

THE CITY'S GRANT AWARD FROM THE LOS ANGELES COUNTY REGIONAL

PARK AND OPEN SPACE DISTRICT'S MEASURE A TECHNICAL ASSISTANCE PROGRAM.

Motion to approve the Professional Services Agreement with City Fabrick in a form approved by the City Attorney and City Manager for an amount not-toexceed $284,280 for technical professional services related to the Raandolph Beautification Project and appropriate the necessary funding from the City's grant award from the Los Angele Regional Park and Open Space District's Measure A Technical Assistance Planning Program by De La Riva. Second by Mayor Garcia. AYES: Torres, De La Riva, Marquez, Aguiluz, Garcia. PASSES

8. ACCEPTANCE OF SIDEWALK REHABILITATION PROJECT FY 2021-2022 (CDBG)
Motion to: 1) Accept project completion for the Sidewalk Rehabilitation Project FY 2021-2022 (CDBG) as performed by CT &T Concrete Paving, Inc., for a total amount of $108,250.00; and 2) Authorize the City Manager to file a project Notice of Completion with the County of Los Angeles RegistrarRecorder; and 3) Authorize the City Manager to release a retention payment of $5,412.50 to CT&T Concrete Paving, Inc. within 35 days following the recordation of the Notice of Completion by De La Riva. Second by Mayor Garcia. AYES: Torres, De La Riva, Marquez, Aguiluz, Garcia. PASSES

9. CONSIDERATION OF APPROVING AMENDMENT NO. 2 TO THE AGREEMENT

BETWEEN THE CITY OF MAYWOOD AND CROSSTOWN ELECTRICAL & DATA, INC. TO INCREASE THE COMPENSATION FOR SERVICES DURING THE EXTENDED TERMS OF THE AGREEMENT.

Motion to approve Amendment No. 2 to the agreement between the City of Maywood and Crosstown Electrical & Data Inc. to increase the compensation for services during the extended terms in the form finalized and approved by the City Attorney by De La Riva. Second by Mayor Garcia.

AYES: Torres, De La Riva, Marquez, Aguiluz, Garcia. PASSES IX. DISCUSSION/ACTION ITEMS

10. DISCUSSION REGARDING SPRING/SUMMER PROGRAMMING FOR

MAYWOOD RESIDENTS AT THE YMCA AND APPROPRIATING AMERICAN RESCUE PLAN ACT (ARPA) FUNDING FOR PROGRAMS.

City Council gave staff direction and a Motion to approve the proposed YMCA programming in the amount of $72,632 from ARPA funding for the selected programs by De La Riva. Second by Marquez. AYES: Torres, De La Riva, Marquez, Aguiluz, Garcia. PASSES

11. CONSIDERATION OF THE CITY OF MAYWOOD MEMBERSHIP IN THE

GATEWAYS CITIES AFFORDABLE HOUSING TRUST, A JOINT POWERS AUTHORITY (JPA), AND APPROVAL OF RESOLUTION NO. 6287 APPROVING

THE JOINT EXERCISE OF POWERS AGREEMENT AND AUTHORIZING THE

CITY'S PARTICIPATION
Motion to adopt Resolution No. 6287 approving the City's execution of the Joint Exercise of Powers Agreement relating to membership in the gateway Cities Affordable Housing Trust and authorizing the City's participation therein by Marquez. Second by Mayor Garcia. AYES: Torres, De La Riva, Marquez, Aguiluz, Garcia. PASSES

12. CANNABIS LICENSE RENEWAL UPDATE FOR A COMMERCIAL CANNABIS

RETAIL LICENSE FOR FIREHOUSE HEALTHCARE INDUSTRIES, INCORPORTED DOING BUSINESS AS (DBA)FIREHOUSE 365 LOCATED AT 6118 ATLANTIC

BOULEVARD
The City Council received and filed the Cannabis License Renewal Update for Commercial Cannabis Retail License for Firehouse Healthcare Industries, Incorporated doing business as (dba) Firehouse 365 located at 6118 Atlantic Boulevard.

X. CLOSED SESSION
None
XI. PUBLIC PARTICIPATION (Non-Agenda Items; Time allotted: 3 minutes) The following spoke on Non-Agenda items:
1) Mrs. Wilson
XII. ADJOURNMENT
Meeting adjourned at approximately 7:08 p.m. to the next meeting of the Maywood City Council, Monday, March 6, 2023 at 6:00 p.m.
________________________________
Frank Garcia, Mayor
ATTEST:
___________________________
Andrea Aguilar, City Clerk

AGENDA 3
ITEM NO. _____

MINUTES

SPECIAL MEETING OF THE MAYWOOD CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY

REDEVELOPMENT AGENCY
MONDAY, FEBRUARY 27, 2023 AT 3:30 PM
I. CALL TO ORDER/ROLL CALL
Mayor Garcia called to order the meeting at approximately 3:31 p.m.

II. CITY OFFICIALS

MAYOR CITY CLERK
Frank Garcia (present) Andrea Aguilar (absent)

MAYOR PRO TEM CITY TREASURER
Mayra Aguiluz (present) Mary Mariscal (absent)

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

Steve Fowler, Director of Building and Planning (present) Anthony Rainey, Interim Finance Director (present)
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: 096004 or https://us02web.zoom.us/j/88335461320?pwd=RldWSGpoNjNoOWdMUkpPcUY3bU9PQT09

Passcode: 096004
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
None
V. PUBLIC PARTICIPATION (Agenda Items; Time allotted: 3 minutes) None
VI. DISCUSSION/ACTION ITEMS

1. CONSIDERATION OF ADOPTING RESOLUTION NO. 6288 APPROVING AN

APPLICATION FOR FUNDING AND THE EXECUTION OF A STANDARD AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2022
HOMEOWNERSHIP SUPER NOFA (HOSN) DATED JANUARY 6, 2023 AND

APPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH

NEIGHBORHOOD HOUSING SERVICES OF LOS ANGELES COUNTY FOR PROGRAM ADMINISTRATION SERVICES: CALHOME REHABILITATION

PROGRAM AND ADU CONSTRUCTION
Motion to adopt Resolution No. 6288 approving an application for funding and the execution of a standard agreement and any amendments thereto from 2022 Homeownership Super NOFA (HOSN) dated January 6, 2023 and approving the professional services agreement with Neighborhood Housing Services of Los Angeles County for program administration services:

CalHome Rehabilitation Program and ADU construction by Mayor Pro Tem Aguiluz. Second by Mayor Garcia. AYES: Torres, De La Riva, Marquez, Aguiluz, Garcia. PASSES
VII. ADJOURNMENT
Meeting adjourned at approximately 3:41 p.m. to the Adjourned Meeting of the Maywood City Council, Monday, March 6, 2023 at 6:00 p.m. __________________________
Frank Garcia, Mayor
ATTEST:
_____________________
Andrea Aguilar, City Clerk

AGENDA 4
ITEM NO. _____

MINUTES

ADJOURNED MEETING OF THE MAYWOOD CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY

REDEVELOPMENT AGENCY
MONDAY, MARCH 6, 2023 AT 6:00 PM
I. CALL TO ORDER
Mayor Garcia called the meeting to order at approximately 6:02 p.m.

ROLL CALL
Council: Mayor Frank Garcia
Mayor Pro Tem Mayra Aguiluz
Council Member Eduardo De La Riva
Council Member Heber Marquez
Council Member Jessica Torres
City Treasurer: Mary Mariscal
Staff: City Manager/Deputy City Clerk Jennifer E. Vasquez Director of Building and Planning Steve Fowler
Finance Director Anthony Rainey
Administrative Analyst Miguel Leon
Community Services Liasion Claudia Zavala
Community Development Analyst Karen Iñiguez
IV. MAYOR, COUNCILMEMBERS AND STAFF COMMENTS
None
V. PUBLIC PARTICIPATION (Agenda Items; Time allotted: 3 minutes) The following spoke on Agenda items: None
VI. PRESENTATIONS

GOVERNANCE WORKSHOP PRESENTED BY THE INSTITUTE FOR LOCAL

GOVERNMENT
The Institute for Local Government (ILG) presented a Governance Workshop to

the City Council members and staff.

VII. PUBLIC PARTICIPATION (Non-Agenda Items; Time allotted: 3 minutes) The following spoke on Non-Agenda items: Reyna Mendez
VIII. ADJOURNMENT
Meeting adjourned at approximately 7:46 p.m. to the next meeting of the Maywood City Council, Monday, March 13, 2023 at 6:00 p.m.
_______________________________________
Frank Garcia, Mayor
ATTEST:
________________________________
Andrea Aguilar, City Clerk

AGENDA 5
ITEM NO. _____

MINUTES

ADJOURNED MEETING OF THE MAYWOOD CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY

REDEVELOPMENT AGENCY
MONDAY, MARCH 13, 2023 AT 6:00 PM
I. CALL TO ORDER
Mayor Garcia called the meeting to order at approximately 6:07 p.m.

ROLL CALL
Council: Mayor Frank Garcia
Mayor Pro Tem Mayra Aguiluz
Council Member Eduardo De La Riva
Council Member Heber Marquez
Council Member Jessica Torres
Staff: City Manager/Deputy City Clerk Jennifer E. Vasquez Director of Building and Planning Steve Fowler
Finance Director Anthony Rainey
Administrative Analyst Miguel Leon
Community Services Liasion Claudia Zavala
Community Development Analyst Karen Iñiguez
IV. MAYOR, COUNCILMEMBERS AND STAFF COMMENTS
None
V. PUBLIC PARTICIPATION (Agenda Items; Time allotted: 3 minutes) The following spoke on Agenda items: None
VI. PRESENTATIONS

GOVERNANCE WORKSHOP PRESENTED BY THE INSTITUTE FOR LOCAL

GOVERNMENT
The Institute for Local Government (ILG) presented a Governance Workshop to

the City Council members and staff.

VII. PUBLIC PARTICIPATION (Non-Agenda Items; Time allotted: 3 minutes) The following spoke on Non-Agenda items: Reyna Mendez
VIII. ADJOURNMENT
Meeting adjourned at approximately 8:04 p.m. to the next meeting of the Maywood City Council, Monday, March 22, 2023 at 6:00 p.m.
_______________________________________
Frank Garcia, Mayor
ATTEST:
________________________________
Andrea Aguilar, City Clerk

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 6.

DATE: March 22, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: ANTHONY RAINEY, DIRECTOR OF FINANCE
SUBJECT: RESOLUTION NO. 6290 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 the staff's recommendation that the City Council adopt Resolution No. 6290 approving Warrants for Payment.

BACKGROUND:

Staff provides warrant registers and wire transfers to City Council as part of Management Controls.

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

DISCUSSION:

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

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

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

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

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

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

These “disbursements” are accounted for in the FY 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.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

The total warrants, transfers, and wires issued (net of any voided payments) during the period of 2/15/2023 through 3/16/2023 are $989,591.65.

F.Y. 22-23 Impact: Various Funds Current F.Y. Budget: 2022/2023 Accounts Payable Fund Impacted:
▪ Fund-100 - General Fund = $642,427.27
▪ Fund 212 - Gas Tax - 2103, 2105, 2107,
2106, 2107.5 Fund = $49,198.05
▪ Fund 214 - Transportation Development Act
(TDA) Bikeway Fund = $0.00
▪ Fund 216 - SB-1 Road Maintenance
Rehabilitation Act Fund = $161.70
▪ Fund 221 - Proposition A Transit Fund =
$36,453.27
▪ Fund 222 - Proposition C Transit Fund =
$21,161.25
▪ Fund 224 - Measure R Transit Fund = $0.00
▪ Fund 225 - Measure M Transit Fund = $0.00
▪ Fund 243 - Community Development Block
Grant (CDBG) Fund = $4,640.00
▪ Fund 251 - Street Lighting Fund = $14,678.90
▪ Fund 261 - Federal / State / County Grants
fund = $9,101.00
▪ Fund 280 - Measure W Safe Clean Water
Program Fund = $280.00
▪ Fund 412 - Sewer Enterprise Fund = $390.00
▪ Fund 611 - Redevelopment "Successor"
Budget adjustment requested: Not applicable

Agency Fund = $0.00
Source of funds: Various funds Updated Account Budget: Not applicable Account Number: Various General Ledger (GL)
accounts

For fiscal year: 2022/2023

ATTACHMENT(S)

1. Exhibit A Summary Warrant Demand 3.22.23

2. Exhibit B Warrant Register Detail 3.22.23

AGENDA ITEM No. 6.

RESOLUTION NO. 6290

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 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 $989,591.65 are hereby ratified:
• Exhibit A – Summary of Warrants and Wire Transfers/ACH Transactions • Exhibit B – Detail of Warrants
PASSED, APPROVED AND ADOPTED THIS 22nd day of March, 2023. _______________________
Frank Garcia, 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. 6290 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 22nd day of March, 2023 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, March 22, 2023
Accounts Payable Amount
Accounts Payable prepaid warrants for payment: Checks No. 090549 - 090597 $ 514,953.53 Accounts Payable regular warrants for payment: Check No. 090598-090654 $ 283,006.92 Sub-total $ 797,960.45
Wire Transfers/ACH Transactions
02/15/23 CalPERS Employer Contribution 1/1/2023 - 1/14/2023 $ 8,385.80 02/16/23 Payroll Pay Period 1/29/2023 - 2/11/2023 $ 59,218.84 02/17/23 ADP Payroll Fees $ 415.24
02/22/23 ADP Payroll Fees $ 184.80
03/01/23 CalPERS Employer Contribution 1/15/2023 - 1/28/2023 $ 7,993.40 03/01/23 US Bank - Merchant Fees $ 407.91
03/02/23 Payroll Pay Period 2/12/2023 - 2/25/2023 $ 49,025.82 03/07/23 CalPERS Health Premium March 2023 $ 33,275.91
03/07/23 CalPERS Unfunded Liability Payment Plan - Safety & Misc. Employees - March 2023 $ 9,872.83 03/07/23 8x8 Inc - Monthly Phone Maintenance $ 415.07
03/08/23 California Joint Powers Insurance Authority (CJPIA) repayment plan agreement - March 2022 $ 22,355.58 03/14/23 US Bank - Analysis Service Charge $ 80.00
Sub-total $ 191,631.20
Total Demands $ 989,591.65

City of Maywood
Check/Voucher Register - Warrant Register *
From 3/1/2023 Through 3/16/2023
Check No. Prepaids Date Vendor Name Check Amt Transaction Description 090549 3/3/2023 Spoiled-Printing Error 0.00
090550 3/3/2023 Spoiled-Printing Error 0.00
090551 3/3/2023 Spoiled-Printing Error 0.00
090552 3/3/2023 Spoiled-Printing Error 0.00
090553 3/3/2023 Spoiled-Printing Error 0.00
090554 3/3/2023 Spoiled-Printing Error 0.00
090555 P 3/3/2023 Area E Disaster Management BRD 2,822.00 Area E FY 22-23 Member Dues General Fund 100 090556 P 3/3/2023 AT & T Long Distance 50.21 Emergency Long Distance Phone Service- January 2023
General Fund 100
090557 P 3/3/2023 Benefit Coordinators Corporation
(BCC)
1,852.30 Dental and Vision Benefits for
March 2023
General Fund 100
090558 P 3/3/2023 Brent Talmo 852.90 Retiree Medical Reimbursement March 2023
General Fund 100
090559 P 3/3/2023 Bruce Leflar 1,051.79 Retiree Medical Reimbursement March 2023
General Fund 100
090560 P 3/3/2023 Christine M. Locher 269.02 Retiree Medical Reimbursement March 2023
General Fund 100
090561 P 3/3/2023 City of Bell 7,973.00 1/8th Share of Salvation Army Shelter Bed Prog- Oct. - Dec.

Federal / State / County
Grants
261
090562 P 3/3/2023 Claudia Zavala 28.75 Pastries for Senior Music Event at the YMCA 1/18/23
General Fund 100
090563 P 3/3/2023 County of L.A. Dept. of Animal
Control
8,311.83 Animal Control for January 2023 General Fund 100 090564 P 3/3/2023 County of Los Angeles Internal
Services Department
10,682.00 LARIAC 7-MAYWOOD MAPS DETAIL General Fund 100 090565 P 3/3/2023 Edward Ahrens 1,358.28 Retiree Medical Reimbursement March 2023
General Fund 100
090566 3/3/2023 Void Check 0.00
090567 P 3/3/2023 Myers & Sons Hi-Way Safety Inc. 28.50 Street Sweeping Signs, Speed limit sign, Magntic sign
General Fund 100
3/3/2023 Myers & Sons Hi-Way Safety Inc. 430.55 Street Sweeping Signs, Speed limit sign, Magntic sign
Gas Tax - 2103, 2105,
2107, 2106, 2107.5 Fund
212
Fund
Page: 1

City of Maywood
Check/Voucher Register - Warrant Register *
From 3/1/2023 Through 3/16/2023
Check No. Prepaids Date Vendor Name
Check Amt
Transaction Description
090568 P 3/3/2023 Agustin Gomez Castro 449.00 Maywood Get Healthy - Obsticle Course Rental for event
General Fund 100
090569 P 3/3/2023 L.B. Johnson Hardware #1 252.72 Locks/Gloves/Keys/Batteries General Fund 100 090570 P 3/3/2023 Lewis Brisbois Bisgaard & Smith LLP 1,224.00 Legal Services for Data Privacy Incident
General Fund 100
090571 P 3/3/2023 LGP Equipment Rentals 174.80 Cement trailer and cement for sidewalk repair at 4731 56th S
Gas Tax - 2103, 2105,
2107, 2106, 2107.5 Fund
212
090572 P 3/3/2023 Mayra Aguiluz 228.90 Reimbursement for NLC Conference 2023 Flight
General Fund 100
090573 P 3/3/2023 Phoenix Group Information Systems 327.96 January 2023 Citation Processing Fee
General Fund 100
3,072.35 January 2023 Citation Processing
FTB Intercept Letter
General Fund 100
2,393.70 January 2023 Permit Processing Fee General Fund 100 090574 P 3/3/2023 Rafael Zamora 1,000.00 C&D Recycling Compliance Measure Deposit Return
General Fund 100
090575 P 3/3/2023 Roadline Products Inc. 360.29 Green Paint for curbs Gas Tax - 2103, 2105, 2107, 2106, 2107.5 Fund
212
090576 P 3/3/2023 Robert Leach 1,005.00 Retiree Medical Reimbursement March 2023
General Fund 100
090577 P 3/3/2023 Ronald Lindsey 1,261.61 Retiree Medical Reimbursement March 2023
General Fund 100
090578 P 3/3/2023 Scott C. Anderson 1,358.28 Retiree Medical Reimbursement March 2023
General Fund 100
090579 P 3/3/2023 SHERIFF'S DEPT COUNTY OF LOS

ANGELES
435,203.01 Public Safety Service- January 2023 General Fund 100 090580 P 3/3/2023 Shirley Quinones 69.31 Reimbursement for Shirley Quinones
General Fund 100
090581 P 3/3/2023 Southern California Edison 15.10 4801 E 58th St TPP- 1/12/23- 2/10/23
General Fund 100
161.71 5916 King Ave/5913 Mayflower ave1/9/23-2/7/23SB-1 Road Maintenance Rehabilitation Act Fund
216
090582 P 3/3/2023 Sprint 454.51 Cell Phone Services from 1/24/23- 2/23/23
General Fund 100
Fund
Page: 2

City of Maywood
Check/Voucher Register - Warrant Register *
From 3/1/2023 Through 3/16/2023
Check No. Prepaids Date Vendor Name Check Amt Transaction Description 090583 P 3/3/2023 Staples Business Advantage 476.54 Office Supplies General Fund 100

13.83 Office Supplies -Three Month 2023
Calendar
General Fund 100
156.40 Office Supplies for Finance Dept. General Fund 100 090584 P 3/3/2023 Quadient Finance USA Inc. 329.74 Acct# 7900011002060328 Postage Machine
General Fund 100
090585 P 3/3/2023 U.S. Bank Corporate Payment
System
6,408.17 Acct 4246044555755283 Cred Crd2/15/23 stmtGeneral Fund 100 090586 P 3/3/2023 Xerox Financial Services 589.12 Xerox Copier Lease Payments1/30/23-2/27/23General Fund 100 090587 3/3/2023 AFSCME District Council 36 271.56 AFSCME Member Dues for paycheck 02/02/2023
General Fund 100
090588 P 3/3/2023 Amazon Capital Services 128.80 Community Services Office Supplies General Fund 100 600.07 Recreation Supplies General Fund 100
090589 P 3/3/2023 Modern IT, Inc. dba Advanced
Microcomputing Concepts, Inc.
2,158.79 Computer Hardware for City Mayor General Fund 100 3,630.00 Monthly IT/Assessment- November
2022
General Fund 100
090590 P 3/3/2023 Thomas A. Rodriguez dba American
Elevator Co
1,900.00 Elevator Work at City Hall General Fund 100
090591 P 3/3/2023 Active Universal Capital LLC 1,470.72 Crossing Guards 5200 Cudahy AveJan 2023Gas Tax - 2103, 2105, 2107, 2106, 2107.5 Fund
212
P 7,353.60 Crossing Guards Slauson/Hellington
City of Bell-Maywood- Ja
Gas Tax - 2103, 2105,
2107, 2106, 2107.5 Fund
212
090592 P 3/3/2023 Angel Villegas 852.90 Retiree Medical Reimbursement March 2023
General Fund 100
090593 P 3/3/2023 HDL Coren & Cone 2,421.95 Property Tax Services - January to March 2023
General Fund 100
090594 P 3/3/2023 Hinderliter de Llamas & Assoc. 250.00 January Services for Cannabis Management Program
General Fund 100
090595 P 3/7/2023 Frank Garcia 867.96 Reimbursement for NLC Conference 2023 Round Flight Trip
General Fund 100
Fund
Page: 3

City of Maywood
Check/Voucher Register - Warrant Register *
From 3/1/2023 Through 3/16/2023
Check No. Prepaids Date Vendor Name Check Amt Transaction Description 090596 P 3/7/2023 Andrea Nohemi Aguilar 300.00 City Clerk Stipend March 2023 General Fund 100 090597 P 3/7/2023 Mary Mariscal 50.00 March 2023 Treasurer Stipend General Fund 100 090598 3/16/2023 A-CO Temporary Power Inc. 110.32 Rental Pwr Pole 200amp -2/22/23- 3/21/23
General Fund 100
090599 3/16/2023 ACC Business 1,648.44 Internet Services From 01/11/23- 2/10/23
General Fund 100
090600 3/16/2023 All Around Fire Protection 80.00 Refill fire exgiuhser General Fund 100 090601 3/16/2023 Amazon Capital Services 177.18 Office Supplies Administration General Fund 100 090602 3/16/2023 Modern IT, Inc. dba Advanced
Microcomputing Concepts, Inc.
260.40 Monthly IT Lease AgreementMarch 2023General Fund 100 3,630.00 Monthly IT/Assessment- March
2023
General Fund 100
090603 3/16/2023 Active Universal Capital LLC 1,746.48 Crossing Guards 5200 Cudahy AveFebruary 2023Gas Tax - 2103, 2105, 2107, 2106, 2107.5 Fund
212
8,732.40 Crossing Guards Slauson/Helington
City of Bell-Maywood - Feb
Gas Tax - 2103, 2105,
2107, 2106, 2107.5 Fund
212
090604 3/16/2023 AT&T 27.02 Emergency Elevator Phone Service2/1/23-2/28/23General Fund 100 090605 3/16/2023 Burke, Williams & Sorensen, LLP 956.76 Legal and Professional Services January 2023
General Fund 100
090606 3/16/2023 California Consulting Inc. 3,500.00 Grant Writing Consulting ServicesMarch 2023General Fund 100 090607 3/16/2023 Cat Specialties Inc. 374.69 Banner for Pixley Park General Fund 100 502.00 Staff shirts for different
departments
General Fund 100
090608 3/16/2023 Charter Communications Holdings,
LLC
1,264.66 Internet and Phone ServiceFebuary 2023General Fund 100 090609 3/16/2023 Colantuono Highsmith & Whatley
PC

7.75 Under Collection of Utility User
Taxes- January 2023
General Fund 100

98.24 Under Collection of Utility User
Taxes- March 2023
General Fund 100
090610 3/16/2023 CoreLogic Solutions LLC. 150.00 Property Finder Service for Feb 2023
General Fund 100
Fund
Page: 4

City of Maywood
Check/Voucher Register - Warrant Register *
From 3/1/2023 Through 3/16/2023
Check No. Prepaids Date Vendor Name Check Amt Transaction Description 090613 3/16/2023 Crosstown Electrical & Data Inc. 295.18 3553 56th & 5206 Maywood Maintenance and Repairs 2/13/23
Street Lighting Fund 251
7,182.60 4843 Slauson Ave Stood pole; Set up
lane closure; built pole
Street Lighting Fund 251
167.70 Atlantic Blvd./57th St WB NWC
Blacked out/dimming/strobing y
Street Lighting Fund 251
192.41 Atlantic Blvd./60th St NWC Ped
push button not working 2/2/2
Street Lighting Fund 251
3/16/2023 Crosstown Electrical & Data Inc. 2,057.40 Preventive Maintenance traffic signals and related equipment
Street Lighting Fund 251
516.57 Slauson & Alamo Ave Maintenance
and Repairs 2/15/23
Street Lighting Fund 251
836.44 Slauson & Alamo Ave SWC Ped Push
butoon loose 2/15/23
Street Lighting Fund 251

73.80 Slauson & Alamo Ave SWC Ped Push
butoon loose 2/3/23
Street Lighting Fund 251
140.45 Slauson & Carmelita-SEC Main Pole
2/1/23
Street Lighting Fund 251
104.12 Slauson & Corona Ave. SB NWC
Main Pole ped push botton 2/1/2
Street Lighting Fund 251
140.45 Slauson & Everett-NB Service date
2/1/23
Street Lighting Fund 251

73.80 Slauson & Gifford-WB SWC Ped
head hit turned set up lane clo
Street Lighting Fund 251
118.62 Slauson & Loma Vista - EB Service
and Maintenance 2/1/23
Street Lighting Fund 251
148.26 Slauson & Loma Vista -SEC Broken
Pull Box 2/2/23
Street Lighting Fund 251

73.80 Slauson & Pine - NWC Grafitti on
ped push button plate 2/2/2
Street Lighting Fund 251
429.61 Slauson Ave/ Alamo Ave
Maintenance and Repairs 2/27/23
Street Lighting Fund 251
349.75 Slauson Ave/ Alamo Ave
Maintenance and Repairs 2/28/23
Street Lighting Fund 251
Fund
Page: 5

City of Maywood
Check/Voucher Register - Warrant Register *
From 3/1/2023 Through 3/16/2023
Check No. Prepaids Date Vendor Name Check Amt Transaction Description 553.47 Slauson Ave/ Woodlawn Ave
Maintenance and Repairs 2/14/23
Street Lighting Fund 251
147.59 Slauson Ave/Mayflower Ave.

Intersection Cleaned cameras 2/3/
Street Lighting Fund 251
519.08 Slauson Ave/Maywood Ave
Maintenance and Repairs 2/1/23
Street Lighting Fund 251
442.77 Slauson Ave/Maywood Ave
Maintenance and Repairs-February
202
Street Lighting Fund 251
115.03 Slauson Ave/Woodlawn Ave EB NEC
Missing 12 Visor 2/3/23
Street Lighting Fund 251
090614 3/16/2023 Daily Journal Corporation 175.00 Notice of Public Hearing for Conditional Use Permit
General Fund 100
3/16/2023 Daily Journal Corporation 1,850.00 Publication of Urgency Ordinance General Fund 100 240.00 Publication of Urgency Ordinance
Puclication 23-02
General Fund 100
090615 3/16/2023 Dapeer, Rosenblit & Litvak, LLP 311.30 Code Enforcement Professional Services- Jan 2023
General Fund 100
090616 3/16/2023 Dewey Pest Control 178.00 March 2023 Pest Control Service General Fund 100 090617 3/16/2023 Department of Industrial Relations 225.00 Elevator Permits Inpct Date 1/31/23 General Fund 100 090618 3/16/2023 Everfence Corporation 28,275.00 Batting Cage at Maywood Park General Fund 100 090619 3/16/2023 Expert Building Maintenance LLC 7,600.00 City Hall, Police Station & Parks Janitorial Serv- February
General Fund 100
7,600.00 City Hall, Police Station & Parks
Janitorial Serv- January 2
General Fund 100
900.00 Extra Janitorial Services City Hall &
Police Station- Feb 20
General Fund 100
090620 3/16/2023 Void Check 0.00
090621 3/16/2023 Graffiti Protective Coatings 16,468.80 Citywide Graffiti Removal- January 2023
Gas Tax - 2103, 2105,
2107, 2106, 2107.5 Fund
212
090622 3/16/2023 HdL Software LLC 1,072.29 Quarterly Hosting Fee- 03/01/23- 05/31/23
General Fund 100
Fund
Page: 6

City of Maywood
Check/Voucher Register - Warrant Register *
From 3/1/2023 Through 3/16/2023
Check No. Prepaids Date Vendor Name Check Amt Transaction Description 090623 3/16/2023 Myers & Sons Hi-Way Safety Inc. 115.67 Drive Rivets for street sign installation
Gas Tax - 2103, 2105,
2107, 2106, 2107.5 Fund
212
090624 3/16/2023 Innovative Fence Inc. 629.80 Fence rental fee for 5110 District Blvd
General Fund 100
090625 3/16/2023 Interwest Consulting Group 1,779.13 Building & Safety Plan ReviewJanuary 2023General Fund 100 687.50 Plan Review By Senior Structural
Engineer Serv.-Jan 2023
General Fund 100
090626 3/16/2023 L.B. Johnson Hardware #1 85.58 Apshalt for pothole on 55th & Atlantic, paint and zip ties
General Fund 100

41.65 Duct Tape, Epxoy, etc General Fund 100

13.11 Key copies for the container General Fund 100

78.77 Locks General Fund 100

56.92 Rubber Gloves General Fund 100

59.99 Apshalt for pothole on 55th &
Atlantic, paint and zip ties
Gas Tax - 2103, 2105,
2107, 2106, 2107.5 Fund
212
131.38 Apshalt for pothole on 57th and
Pine.

Gas Tax - 2103, 2105,
2107, 2106, 2107.5 Fund
212

21.88 Bag of cement for new stop sign and
post
Gas Tax - 2103, 2105,
2107, 2106, 2107.5 Fund
212

10.94 Bag of Cement for sign installation
in 61st st
Gas Tax - 2103, 2105,
2107, 2106, 2107.5 Fund
212

32.82 Cement bag for street sweeping
signs
Gas Tax - 2103, 2105,
2107, 2106, 2107.5 Fund
212

32.82 Cement bags for street sign
installtion
Gas Tax - 2103, 2105,
2107, 2106, 2107.5 Fund
212

21.88 Concrete bags for street sign post
installations
Gas Tax - 2103, 2105,
2107, 2106, 2107.5 Fund
212
090627 3/16/2023 Martin Container Inc. 10,293.00 Public Works Equipment General Fund 100 090628 3/16/2023 Mayra Aguiluz 428.90 Reimbursement for NLC Conference 2023 Flight
General Fund 100
090629 3/16/2023 Maywood Car Wash 313.54 Fuel and Car Wash for the City Vehicles- February 2023
General Fund 100
090630 3/16/2023 Maywood Mutual Water No.1 63.74 3530 E. Slauson Ave. 12/14/22- 2/15/23
General Fund 100
Fund
Page: 7

City of Maywood
Check/Voucher Register - Warrant Register *
From 3/1/2023 Through 3/16/2023
Check No. Prepaids Date Vendor Name Check Amt Transaction Description

76.42 3630 E. Slauson Ave 12/14/22-
2/15/23
General Fund 100

72.19 4400 E. Slauson Ave 12/14/22-
2/15/23
General Fund 100

59.51 4400 E. Slauson Ave. 12/14/22-
2/15/23
General Fund 100

63.74 5921 Atlantic Ave. 12/14/22-
2/15/23
General Fund 100

59.51 5961 Atlantic Ave 12/14/22-
2/15/23
General Fund 100

59.51 6027 Atlantic Ave 12/14/22-
2/15/23
General Fund 100

93.33 6135 Atlantic Ave. 12/14/22-
2/15/23
General Fund 100
090631 3/16/2023 Maywood Mutual Water Co. No.2 172.30 3626 E. 56th/Pixley Pk 1/1/23- 3/1/23
General Fund 100

15.00 4301 E Slauson Ave 1/1/23-3/1/23 General Fund 100

28.20 4323 S Slauson Ave 1/2/23-3/1/23 General Fund 100

3.30 5515 Maywood Ave 1/1/23-3/1/23 General Fund 100
142.60 City Hall 1/1/23-3/1/23 General Fund 100
090632 3/16/2023 Tri-City Mutual Water Company 126.00 4800 Slauson Ave. 12/16/22- 2/23/23
General Fund 100

25.65 5000 Slauson Ave 02/01/23-
02/28/23
General Fund 100
136.50 5316 Atlantic Ave. 12/16/22-
02/24/23
General Fund 100

52.50 5600 Heliotrope Ave 12/16/22-
02/22/23
General Fund 100
2,408.00 E. 58th St. 12/16/22-02/21/23 General Fund 100 090633 3/16/2023 Metro Transit Services 36,453.27 Public Transportation & Dail-A-Ride Service February 2023
Proposition A Transit
Fund
221
090634 3/16/2023 MV Cheng & Associates Inc. 6,075.00 Sr Acct/Acct Tech Consult ServicesFebruary 2023General Fund 100 Fund
Page: 8

City of Maywood
Check/Voucher Register - Warrant Register *
From 3/1/2023 Through 3/16/2023
Check No. Prepaids Date Vendor Name Check Amt Transaction Description 090635 3/16/2023 Nationwide Environmental Services 7,537.00 Street Sweeping Services for February 2023
Measure W Safe Clean
Water Program Fund
280
7,537.00 Street Sweeping Services January
2023
Measure W Safe Clean
Water Program Fund
280
090636 3/16/2023 North Star Landcare 9,831.25 February 2023 Tree Maint Serv Gas Tax - 2103, 2105, 2107, 2106, 2107.5 Fund
212
090637 3/16/2023 QDoxs 129.31 Contract Base Rate Charge 3/1/23- 3/31/23
General Fund 100

41.61 Contract Base Rate charge for
2/5/23-3/4/23
General Fund 100
090638 3/16/2023 R.E. Schultz Construction Inc. 6,840.00 Remove and Replace 15 Damaged Floor Tiles at Riverfront Outd
General Fund 100
090639 3/16/2023 Ron's Maintenance Inc 4,675.00 Catch Basin/Storm Drain Maintenance
Measure W Safe Clean
Water Program Fund
280
090640 3/16/2023 Southern California Edison 92.78 5317 Atlantic Ave PED 1/17/23- 2/13/23
Gas Tax - 2103, 2105,
2107, 2106, 2107.5 Fund
212
090641 3/16/2023 Spoiled-Printing Error 0.00
090642 3/16/2023 Spoiled-Printing Error 0.00
090644 3/16/2023 Spoiled-Printing Error 0.00
090645 3/16/2023 Spoiled-Printing Error 0.00
090646 3/16/2023 Spoiled-Printing Error 0.00
090647 3/16/2023 Spoiled-Printing Error 0.00
090648 3/16/2023 Stantec Planning & Landscape
Architecture
17,401.78 Project No. 210801894/Project
Management Housing Element -De
General Fund 100
21,161.25 Engineering Services Slauson Ave/
Atlantic Blvd Project- Jan
Proposition C Transit
Fund
222
090650 3/16/2023 Transtech Engineers Inc 1,086.50 20846 Maywood City Engineering Services- January 2023
General Fund 100
11,947.00 20919 May PW Encroachment
Permit Insp. Serv. Janurary 2023
General Fund 100
6,138.00 210065 May Baseball Field
Improvements- January 2023
General Fund 100
1,137.00 210150 May Encroachment PermitsJanuary 2023General Fund 100 Fund
Page: 9

City of Maywood
Check/Voucher Register - Warrant Register *
From 3/1/2023 Through 3/16/2023
Check No. Prepaids Date Vendor Name Check Amt Transaction Description 7,344.00 210792 May Building and Safety
Staff Serv- January 2023
General Fund 100
1,170.00 210917 May HVAC Replacement
Project- January 2023
General Fund 100
896.00 211287 May ATP CYC 5
Coordination and Bike MasterJanuary 2
General Fund 100
234.00 220357 MAY Utilities Undergroud
Distric- December 2022
General Fund 100
2,352.75 220487 MAY CIP Riverfront Park
Fitness Equipment-Deceber 202
General Fund 100
820.00 220487 May CIP Riverfront Park
Outdoor Fitness Equipment-Jan
General Fund 100
156.00 220534 May ATP Cycle 6- January
2023
General Fund 100
468.00 220572 MAY Misc Traffic
Engineering, Studies and ETCDecemb
General Fund 100
220.00 220609 May Aquatic Center Pool
Replastering Con Phase-Januar
General Fund 100
658.00 220878 May I710 Corridor- January
2023
General Fund 100
156.00 221234 May Riverfront Park
Renovation Sewer Diversion- Janua
General Fund 100
2,109.00 20901 May CiP Slauson Ave Corridor
IMP January 2023
Gas Tax - 2103, 2105,
2107, 2106, 2107.5 Fund
212
4,640.00 230019 May Sidewalk-Curb Ramp
ADA IMP CDBG FY22-23- January
CDBG 243
1,128.00 221198 MAY Clean CA Grant Design
RFP- December 2022
Federal / State / County
Grants
261
390.00 210314 May Sewer Charge
Assessment District-January 2023
Sewer Enterprise Fund 412
090651 3/16/2023 ULINE INC. 2,150.07 Community Event Supplies General Fund 100 143.05 Supplies Dog Waste Bags General Fund 100
Fund
Page: 10

City of Maywood
Check/Voucher Register - Warrant Register *
From 3/1/2023 Through 3/16/2023
Check No. Prepaids Date Vendor Name Check Amt Transaction Description 090652 3/16/2023 Vernon City of 103.93 Acct. #413 E. Slauson/Downey Ave. 12/19/22-1/19/23
General Fund 100

49.29 Acct. #414 Slauson/Downey
12/21/22-1/24/23
General Fund 100
090653 3/16/2023 George Hills Company 957.90 City Claims/ Adjuster - February 2023
General Fund 100
090654 3/16/2023 Sparkletts Drinking Water Corp 115.22 City Hall Drinking Water for Staff - March 2023
General Fund 100
Total 797,960.45
Fund
Page: 11

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 7.

DATE: March 22, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: ZIAD MAZBOUDI, CONTRACT CITY ENGINEER
SUBJECT: CONSIDERATION OF AUTHORIZATION TO ADVERTISE REQUEST FOR

PROPOSALS (RFP) FOR PROFESSIONAL DESIGN SERVICES FOR THE CITY OF

MAYWOOD BEAUTIFICATION PROJECT
RECOMMENDATION:

Staff recommends that the City Council authorize the City Manager to advertise Request for Proposals (RFP) for Professional Design Services for the City of Maywood Beautification Project.

BACKGROUND:

On September 14, 2022, the City Council adopted Resolution No. 6265 authorizing the acceptance of grant funds awarded to the City through the Clean California Grant program. The project has several criteria that have the potential to enhance and beautify the City. Accordingly, a design professional is necessary to implement this grant.

DISCUSSION:

The Local Beautification project was awarded by the California Department of Transportation to the City on June 1, 2022 for a total of $1,388,940. The improvements will be maintained through a combination of Gas Tax Funds and General Funds. This project is going to target multiple high-priority areas in need. The scope of work on this project will include the beautification of target areas through greening, landscaping, and infrastructure improvement.

Targeting these areas allows for an increase in accessibility and safety for bicyclists and pedestrians, on multiple segments of parkways and sidewalks, medians, and twenty (20) signal cabinets/utility boxes throughout the City.

Some of the locations of the improvements will take place at:
• Carmelita Ave and Loma Vista Ave, between Fruitland Ave and 52nd Street; • Loma Vista and 52ND Street King Ave between Slauson and 59th Place; and • Mayflower between Slauson and 59th Place
High-priority improvement activities include the greening of medians along Slauson Ave and the art installation on signal boxes. The project areas will be located in north central Maywood, bordering the commercial and industrial section and the southeastern section of the city. The project includes four (4) gateway entrance monument signs to be placed on Atlantic Boulevard and Slauson Avenue at the City's north, south, east, and west gateways. The City has identified twenty (20) signal cabinets/ utility boxes throughout the City that are best fitted for the artwork enhancements that will help beautify the City. The artwork enhancements will express the city’s pride in its Latino

and immigrant culture, and connection to a working-class community that is one of the oldest in Los Angeles. All the areas that were proposed in the grant will be located within the public right of way. The intended scope of work will cover various project locations within the City and shall include, but not be limited to, the addition of trash receptacles, camera installation at multiple locations, pole banner installation, entry monument signs, no dumping signs, and landscape improvement to reduce the amount of waste and debris littered within these areas. Furthermore, this project will also help beautify and improve public spaces by planting 50 shade trees, installation of boulders, river rock cobblestone, and 32,000 square feet of native plants to create a greenbelt in the city’s empty parkways and medians, as well as featuring artwork that will be less targeted for graffiti and vandalization.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

There is no fiscal impact involved with this authorization to solicit proposals for professional design services.

Once a professional service agreement is awarded, budget appropriations will be made. Funding for the professional design services for the Maywood Beautification Project is provided by the Clean California Grant Funds.

ATTACHMENT(S)

1. Attachment 1, RFP for Design Services for Maywood Beautification Project

City of Maywood
Request for Proposals
to Provide Professional Design Services
for
the City of Maywood Beautification Project
Date of Issuance: March 23, 2023

RESPONSES MUST BE RECEIVED NO LATER THAN
3:00 p.m., April 24, 2023
DELIVER OR MAIL TO:

City of Maywood
City Clerk’s Office
Attn: Jennifer Vasquez, City Manager
4319 E. Slauson Avenue
Maywood, CA 90270

TABLE OF CONTENTS
I. PURPOSE 3
II. BACKGROUND 3
III. SCOPE OF SERVICES 3
IV. SCHEDULE 8
V. LIST OF INTERESTED PROPOSERS 8
VI. QUESTIONS 8
VII. SUBMITTAL PROCEDURES 8
VIII. SUBMITTAL FORMAT 9
IX. AGREEMENT FOR PROFESSIONAL SERVICES 10
X. GENERAL ADMINISTRATIVE INFORMATION 11
XI. SUBMITTAL DUE DATE 11
XII. SELECTION PROCESS 12
XIII. AUTHORITY TO WITHDRAW 12
XIV. AWARD OF CONTRACT 13
XV. ATTACHMENTS 13

3 I. PURPOSE
The purpose of this Request for Proposals (RFP) is to select the most-qualified Consultant to Provide Engineering Services for the Design of the City of Maywood Beautification Project. The City wishes to obtain the requested services under a Professional Services Agreement. The City will award no more than one contract on a not-to-exceed basis.

II. BACKGROUND
The California Department of Transportation (Caltrans) through the Clean California Local Grant Program (CCLGP) has provided grants to local communities including City of Maywood to beautify and improve local streets and roads, tribal lands, parks, pathways, and transit centers to clean, remove litter and debris, enhance public spaces, and communities and improve spaces for walking and recreation. City of Maywood has received $1,388,940.

The Clean California Local Grant Program intends to achieve the following goals:
• Reduce the amount of waste and debris within public rights-of-way, pathways, parks, transit centers, and other public spaces.
• Enhance, rehabilitate, restore, or install measures to beautify and improve public spaces and mitigate the urban heat island effect.
• Enhance public health, cultural connection, and community placemaking by improving public spaces for walking and recreation.
• Advance equity for underserved communities.

III. SCOPE OF SERVICES
The City of Maywood is seeking professional services from qualified consultants to provide landscape engineering services, including preliminary/conceptual landscape engineering including public engagement, utility notifications, and preparation of plans, specifications and estimates for the City of Maywood Beautification Project. It is the responsibility of the consultant and their sub-consultants to familiarize themselves with the Green California Grant funding guidelines and criteria as pertains to the requirements for improvements of the local communities, their public facilities/spaces, as well as, adhering to these requirements affecting their services of grant administration; design; construction, and preparation of the final bid documents.

The Local Beautification project summary is as follows:

The intended scope of work will cover various project locations (see attached location map) within the City and shall include but not be limited to addition of trash receptacles, cameras installation at various locations, pole banners installation, entry monument signs, no dumping signs and landscape improvement to reduce the amount of waste and debris.

Furthermore, this project will also help beautify and improve public spaces by planting 50 shade trees, boulders, river rock cobblestone, 32,000 sf. of native plants to create a greenbelt in the City’s empty parkways and medians, as well as featuring artwork that will be less targeted for graffiti and vandalization. The following is the project locations with

4 the proposed improvement:
• Carmelita Ave between Fruitland Ave and 52nd Street. Parkway landscaping and tree planting
• Loma Vista and 52ND Street: Parkway landscaping and tree planting • King Ave between Slauson and 59th Place: parkway landscaping at illegal dumping hot and any other proposed improvement.
• Mayflower between Slauson and 59th Place
• High priority improvements activities include the landscaping and hardscaping of medians along Slauson Ave and along Atlantic Boulevard in the City of Maywood. • The project includes four (4) gateway entrance monuments signs to be placed on Atlantic Boulevard and Slauson Avenue at the north, south, east, and west gateways to the City. Entrance monument sign design shall be provided by City. • The City has identified twenty (20) signal cabinets/ utility boxes throughout the City that are best fitted for the artwork enhancements that will help beautify the City.

The artwork enhancements will express the City’s pride in its Latino and immigrant culture, and connection to a working-class community that is one of the oldest in Los Angeles.
• The City within its project areas will make sidewalk repairs, remove the curb and gutter for bulbouts to improve the ADA accessibility, specifically at Loma Vista between Fruitland and 52nd street or any other identified location. • Provide irrigation system upgrade at all project locations resulting in efficient heads and reduction of runoff.
• Installation of anti-dumping cameras at 3 locations to be identified by City.

Cameras shall be provided by City, contractor to install at consultant recommended and City approved locations.
• Missing 5 decorative street lights shall be replaced with same matching existing within medians. Consultant shall include missing street lights on plans. • Consultant shall show on plans for contractor to install missing banner straps. The City shall provide straps.

Project tasks shall include, but not necessarily limited to, those items noted above. If the consultant feels that additional tasks are warranted, they must be clearly identified in the consultant’s proposal. The selected consultant shall provide all necessary services, instruments, equipment, tools, personnel, and supervision required to deliver plans, specifications and estimate package (PS&E) and construction bid package per local, state, and federal requirements for the City of Maywood Beautification Project identified in this scope, including but not limited to the following tasks:

5 Task 1

PROJECT MANAGEMENT /FAMILIARITY WITH PROJECT/ ADMINISTRATION /

MEETINGS
Consultant will be required to attend a pre-design meeting with City representatives to gain a more complete understanding of the desired aesthetic outcome and participate in ongoing review and project coordination. In consultation with City representatives, the Consultant will determine relevant issues specific to the Project, design standards, and funding limits. Progress meetings will be held bi-weekly virtual meeting, with City staff.

Consultant shall prepare agendas and meeting minutes with an action item matrix and distribute to the City and other attendees, as required.

1. Attend a pre-design (kick-off) meeting with City representatives to review the Project in detail for determining the City’ specific requirements and cost limitations. Become familiar with the intended scope for the City of Maywood Beautification Project. A field visit of the project area/ site shall be warranted. As Built plans may not be available.

2. Maintain continuous communication with the City Project Manager, including meetings to review plan and project status at 30%, 60%, 90%, and 100% completion.

3. Provide agendas of special items for discussion, and minutes listing actions.

4. Provide a detailed project schedule with updates on a bi-weekly basis.

5. Maintain continuous awareness of the status of each task as it proceeds and make provisions to expedite and resolve any difficulties that may impede progress.

6. Proactively initiate communications efforts between the design team and City to address key issues in a timely manner.

7. Coordinate the Project, including approvals with the City.

8. This task shall include the attendance of consultant at two city designated events to received input from public on proposed beautification project. Consultant shall summarize input received and present the city staff as part of the proposed concept plans.

9. Prepare and deliver a presentation to the City Council for review and approval of proposed preliminary plans/concept prior to proceeding with the Design plans.

Task 2
Obtain existing substructure facilities/ utilities information from respective utility agencies or company for inclusion to the construction plans as necessary. Obtain finalized monument sign concept from City to incorporate in plans. Consultant shall provide construction design of monument sign concept.

Task 3
The Consultant or its California Registered Land Surveyor shall conduct the necessary

6 land surveys in order to prepare design and construction plans for the project. Such surveys shall provide sufficient site-specific data for proper and accurate design.

Task 4
Design and prepare construction plans and special provisions for the Project, in accordance with the applicable City, State, and Federal Standards, and applicable Standard of the latest Edition of Standard Specifications for Public Works Construction “Green Book”.

Consultant shall include a sub-task consisting of bi-weekly meeting with the City staff to apprise the City of the status of the progress relating to design, grant requirements or any other outstanding issues.

A design concept with options shall be developed for the project. Consultant shall provide themes to be incorporated in the concept that will be implemented throughout the length of the project, a possible them for Slauson and a different one for Atlantic medians. Consultant shall attempt to incorporate suggestions provided at Community events as discussed with city staff, and once input received from the City Council at the Council meeting, consultant shall proceed with the design plans.

The construction plans shall be submitted at the following levels:

Preliminary Plans (plan view only) – 35%
Design Plans (Phases) – 65%, 90%,100% and Final
(Note: Scale shall be 1 inch = 40 feet)
Final Plans shall be provided on AutoCAD files with all the external references, survey, topo, etc. The construction plans, at a minimum, shall identify and provide details of point of transition to existing features; and identify all features and appurtenances to be protected-in-place, abandoned, removed, replaced, or eliminated.

Task 5
Complete Project Specifications and Special Provisions and complete Construction Bid Package including compliance requirements with local, state, and federal regulations and program requirements shall be provided with the 90% Design Plans submittal. Electronic copies of the Project Specifications (PDF and MSWORD file) shall also be provided. (City to provide to the selected Consultant the current Specifications Template for use/ reference.)
Task 6
Complete Engineer’s Cost Estimate (including list of quantities and estimated cost per unit) shall be provided with the 65%, 90%, & 100% Design Plans submittal. Quantities shall be shown on each plan sheets. Electronic copies of the Engineer’s Cost Estimate (EXCEL file) shall also be provided.

7 Task 7
The Consultant shall have all calculations, reports, specifications, and plans signed and stamped by a California Registered Civil Engineer or landscape architect as applicable.

Such registrations shall be current.

All work submitted by the Consultant shall be complete and shall be carefully checked prior to submission. If the City discovers any errors or omissions prior to approving the Consultant’s work, the work will be returned for correction and the Consultant will not be allowed additional compensation. Should the City or others discover errors or omissions in the work submitted by the Consultant after the City’s approval thereof, the City’s approval shall not be used as a defense by the Consultant.

Task 8
Consultant shall provide support during bidding process. Additionally, consultant shall review all construction related submittals and provide construction engineering support.

Task 9
Prepare record drawings (As-built) - Within 60 days following the completion and acceptance of the project, furnish City a complete set of revised original record drawings showing as-built conditions. Revisions will be solely based on as-built information provided by the City’s Construction Manager and the Contractor. Consultant assumes no responsibility for the accuracy of the information provided by the City’s Construction Manager and the Contractor. Consultant shall furnish a complete set of revised original record drawings in electronic AutoCAD and pdf formats.

Task 10.

Consultant shall comply submit quarterly reporting and reimbursement request to Caltrans. Consultant shall provide a separate Fee proposal for this effort. City will have the right at its discretion to exclude this task from Consultant services.

8 IV. SCHEDULE
Deadlines
Release of Requests for Proposals March 23, 2023
Submittal of Questions April 3, 2023 by 5:00 pm
Response to Questions April 7, 2023
Proposal Due Date April 24, 2023 by 3:00 pm
Proposal Review/Evaluation April/May 2023
Consultant Interview (if required) May 2023
Tentative City Council award May 2023
Tentative Start date June 2023
V. 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] VI. QUESTIONS
All correspondence and questions regarding this RFP should be submitted via email to:

Ziad Mazboudi, PE, Project Manager Email: [email protected]. The date and time when questions must be submitted are shown in “Section IV-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.

VII. 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 proposal (three bound and one unbound), single sided, and electronic copy (pdf) in a thumb drive.

All proposal submittals shall be mailed or delivered and received by the City no later than February 23, 2023 at 3:00 p.m. addressed as follows:

City of Maywood
City Clerk’s Office
Attention: Jennifer Vasquez, City Manager

9 4319 Slauson Avenue
Maywood, CA 90270
For delivery purposes, the City Clerk’s phone number for the City is (323) 562-5700.

VIII. SUBMITTAL FORMAT
All Respondents must submit proposals 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. 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 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 " Scope of Services" of this RFP (“Point of Contact”). c. If applicable, Respondent shall acknowledge receipt of any addendum to the RFP.

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

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

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.

10 b. At a minimum, Respondent should have at least five (5) years of consecutive experience.
c. Provide at least five references that received similar services from 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
Fee shall be provided in detail in a format to allow the City to analyze and evaluate applicable costs. Detailed breakdown shall include tasks, staff classifications, hours and fees. Consultant shall submit a not to exceed lump sum fee. The Fee for the task involving quarterly reporting and reimbursement request from Caltrans should be clearly identified in the cost Proposal.

Consultant shall also provide its Schedule of Standard Hourly Fee Rates.

IX. AGREEMENT FOR PROFESSIONAL SERVICES
The City of Maywood’s Agreement for Professional Services (Attachment 1) 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

11 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.

X. 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 prepare the PS&E and Bid documents to construct the projects 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 and any investigations of the properties shall not be the cause to alter the contract or for Respondent to request additional compensation.

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

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

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

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

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

XI. SUBMITTAL DUE DATE
The submittal package must be received prior to the submittal date specified in "Section

12 IV - Schedule" of this RFP. Submittals submitted after the deadline will not be considered.

XII. 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.

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.

XIII. AUTHORITY TO WITHDRAW
The City of Maywood reserves the right to withdraw this RFP 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.

13 XIV. AWARD OF CONTRACT
Based on the outcome of the 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.

XV. ATTACHMENTS
Attachment 1. Location Map
Attachment 2. Form Professional Services Agreement

ATTACHMENT 1
Location Map

LOCATION MAP
Median along Slauson and Hot Spot locations
Median along Atlantic
City of Maywood limits
N

ATTACHMENT 2
Form Professional Services Agreement

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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated __________, 20__ (“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 contractor 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.

-3- Ver. 3/2020
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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.

H. Prevailing Wages. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code. Therefore, as to those services that are “public works”, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C hereto.

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

3. 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

-4- Ver. 3/2020
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mutually agreed to by the Parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.

4. Method of Payment.

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.

5. Independent Contractor.

A. Consultant is an independent contractor and not an employee of the City.

All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant’s employees or other personnel under Consultant’s supervision, and Consultant and all of Consultant’s personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Maywood business license. Consultant will determine the means, methods, and details by which Consultant’s personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.

B. All of Consultant’s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control.

Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel

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shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant’s choice, except as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

C. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

D. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement.

6. PERS Compliance and Indemnification
A. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations

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to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.

B. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from (i) any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 6; or (ii) in the event that Consultant or any employee, agent or subcontractor of Consultant providing Services under this Agreement claims or is determined by a court of competent jurisdiction and/or by PERS to be eligible for enrollment in PERS as an employee of the City. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement.

7. 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

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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.

8. 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.

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

Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify, and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under

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this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c).

Other Indemnities.
i. Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, 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 “Claims”), 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, subcontractors, materialmen, contractors 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 Claims 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 Claim 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 the Indemnitees in connection therewith. ii. 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 contractor 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 B.2). iii. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor 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 indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims 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’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual

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that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties.

Workers’ Compensation Acts not Limiting. Consultant’s 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 hold harmless and indemnification provisions in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, Claims, tax, assessment, penalty or interest asserted against City. a. Survival of Terms. The indemnification in this Section shall survive the expiration or termination of this Agreement.

10. 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.

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4) � If this box is checked, Professional Liability/Errors and Omissions Insurance with minimum limits of $1,000,000.00 per claim and in aggregate.

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

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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 9 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.

11. 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.

12. 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.

13. Termination of Agreement.

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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.

14. 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.

15. 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 13, 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.

16. 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

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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 _________________

17. 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.

18. 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.

19. 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.

20. 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.

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21. 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.

22. 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.

23. 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.

24. 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.

25. 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.

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26. 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.

27. 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.

28. 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.

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

30. 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.

31. 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.

32. 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.

33. 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.

34. 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.

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[SIGNATURE PAGE FOLLOWS]

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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:

Frank Garcia
Mayor of the City of Maywood
ATTEST:

By:

Flor Aguiluz, City Clerk
APPROVED AS TO FORM:

By:

Roxanne Diaz, City Attorney
Consultant:

NAME OF CONSULTANT
By:

Name: ___________________
Title: ____________________

A-1
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EXHIBIT A

SCOPE OF SERVICES

B-1
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EXHIBIT B

COMPENSATION

C-1
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EXHIBIT C

LABOR CODE REQUIREMENTS

C-2
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EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those services that are “public works”, Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Contractor’s Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.

6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.

7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. Pursuant to Labor Code Section 1771.4, Contractor and each subcontractor shall furnish such records to the Labor Commissioner, at least monthly, in the form specified by the Labor Commissioner.

C-3
Error! Unknown document property name.

8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. The Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Contractor or any subcontractor becomes debarred or suspended during the duration of the project, the Contractor shall immediately notify City.

10. Contractor acknowledges that eight hours labor constitutes a legal day’s work.

Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance,

C-4
Error! Unknown document property name.
including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement.

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 8.

DATE: March 22, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: KAREN INIGUEZ, COMMUNITY DEVELOPMENT ANALYST
SUBJECT: CONSIDERATION OF APPROVING A THREE-YEAR AGREEMENT WITH BASE HILL, INC. FOR CITY-WIDE JANITORIAL CLEANING SERVICES IN A YEARLY NOT-TOEXCEED AMOUNT OF $89,875.64 IN YEAR 1 AND $85,375.64 THEREAFTER WITH

THE OPTION OF TWO ADDITIONAL ONE-YEAR EXTENSIONS
RECOMMENDATION:

Staff recommends that the City Council approve the agreement with Base Hill, Inc. for Janitorial Cleaning Services for a three-year term in a yearly not-to-exceed amount of $89,875.64 in Year 1 and $85,375.64 thereafter with the option of two additional one-year extensions, in a form acceptable to the City Attorney.

BACKGROUND:

The City is currently utilizing Expert Building Maintenance for Citywide Janitorial Services. This includes cleaning at City Hall and the Sheriff's Sub-Station five days a week and janitorial services at the City's parks.

Park services include the opening and closing of gates, trash disposal, and restroom cleaning.

A Request for Proposal (RFP) was issued in January 2023 to select the most qualified firm for janitorial services that will cover the end of March 2023 through March 2026 with the option of two additional one-year extensions.

DISCUSSION:

On January 25, 2023 the City of Maywood solicited proposals through an RFP process. The RFP listing was open from January 25, 2023, through February 17, 2023. By the February 17, 2023 deadline, the City Clerk's Office received six (6) proposals from the following companies:

Contractor Not-to-Exceed

1. JJ Property Maintenance Network Inc. -
41 E. Orange Grove Blvd, Suite 102
Monthly - $9,561.48
Yearly - $114,737.76

2. Expert Building Maintenance, LLC -
4348 E. Los Angeles Avenue, Simi Valley, CA 93063
Monthly - $9,030.00
Yearly - $108,360.00

3. Base Hill, Inc. -
11823 E. Slauson Ave. Suite 3, Santa Fe Springs, CA 90670 Monthly - $5,971.97
Yearly - $71,675.60

4. Santa Fe Janitorial Maintenance Services Inc. -
15644 Palomino Dr. Chino Hills, CA 91709
Monthly - $8,695.00
Yearly - $104,340.00

5. Commercial Building Management - Monthly - $8,100.00

600 S Grand Ave. Ste 109 Santa Ana, CA 92705 Yearly - $97,200.00

6. Pronto Janitorial -
12561 Persing Dr. Whittier, California 90606
Monthly - $26,350.97
Yearly - $316,211.64
The evaluation committee reviewed the submitted proposals based on the following criteria:
• The quality of the proposal that was submitted
• The qualifications and experience of the proposer, key personnel, and staff • The contractors' scope of work, such as cleaning services, response time, etc. • The contractor's cost to the City.

Upon review of the submitted proposals, the evaluation committee shortened the list of qualified firms and they were invited for in-person interviews with the committee.

Base Hill, Inc. ultimately ranked the highest for the committee due to the cost value related to their listed services, their understanding of the scope of work, and overall experience. Base Hill Inc. has worked with local governments throughout the Los Angeles County area and is currently cleaning municipal facilities, parks, and police facilities of similar sizes to those in the City. Additionally, they indicated that they have the ability to respond to issues in less than ninety minutes. Due to such factors, staff recommends that the City Council award a contract to Base Hill, Inc. for the city's janitorial needs.

The yearly not-to-exceed amount being recommended differs slightly from the proposal because of additional services for the parks as well as budgeted amounts for extra services such as waxing of the floors in the City's public facilities, shampooing of the carpets, fogging if needed due to COVID and the ability to have a dayporter at city events. If the City does not utilize these additional services, those monies will not be spent. In the first year, the yearly amount is approximately $4,000 more than the subsequent years because Staff budgeted the waxing of the floors and shampooing of the carpets to occur two times instead of once.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

The City of Maywood requested additional services at an extra cost. The additional costs have been budgeted into the do-not-exceed. Funding is available from Fund 100 - General Funds.

F.Y. 22-23 Impact:

$22,468.91 total
a) $89,875.64 divided by 12
months equals $7,489.64 per
month.
b) $7,489.64 times three months
in FY 2022/2023 (April, May,
June) = $22,468.91
Current F.Y. Budget:
$58,590.37
Fund Impacted:

Fund 100 -
General Fund
Budget adjustment requested:

Not
applicable
Source of funds:

Fund 100 -
General Fund - 502 - Public
Works
Updated Account Budget:

Account Number:
6115
Contractual Services
For fiscal year:

Current Fiscal Year

ATTACHMENT(S)

1. Base Hill Proposal - Janitorial Services

2. Professional Service Agreement Base Hill, Inc.

3. BID OPENNING SHEET -Janitorial Services

1 Response to RFP for
Janitorial Services for
City of Maywood
Presented to:

Steve Fowler
Director of Building and Planning
City of Maywood
[email protected]
323-562-5721
Presented by:

Sunny Kim
President and CEO
Base Hill Inc.
[email protected]
213-425-3070
Base Hill, Inc.

Building Maintenance Services
11823 E. Slauson Ave. Suite 3, Santa Fe Springs, CA 90670

2 February 16, 2023
Steve Fowler
Director of Building and Planning
City of Maywood
Dear Mr. Fowler:

Thank you for allowing us to present our formal proposal submitted on behalf of Base Hill Building Maintenance Services in response to the RFP for Janitorial Services for City of Maywood. We are very pleased to take part in this opportunity to offer our services.

We hereby state that no exceptions are taken to any specification requirements or contract terms and conditions of the RFP for Janitorial Services for City of Maywood. This proposal is valid for a term of 90 days from the due date of the proposal of February 17, 2023.

We are committed to providing our clients with the highest standards of quality of service. We strive to exceed expectations through our integrity, ethical values and commitment to client satisfaction.

All of us at Base Hill are committed to the execution and success of this proposal if Base Hill is selected as the vendor of your choice.

Please do not hesitate to contact me directly if you should have any question and/or concerns regarding the attached proposal.

In closing, I would like to thank you again for your time and consideration.

Respectfully,
Sunny Kim
President and CEO
11823 E. Slauson Ave. Suite 3 Santa Fe Springs, CA 90670 Cell: 213-235-7722
Fax: 213-425-3071
[email protected]
www.basehill.com

3 Table of Contents
Letter of Introduction.........................................................................2 Experience and Qualifications ............................................................4 Approach to the Scope of Services....................................................12 Cost Proposal...................................................................................15 Additional Data................................................................................16

4 Experience and Qualifications
Profile of Firm
For over 20 years Base Hill has been providing outstanding building and property maintenance services for private properties, commercial facilities, federal, and local governments. The properties we maintain range from large high-rise buildings to smaller private office spaces.

Our highly skilled workforce services approximately 2 million square feet every year.

Base Hill is an SBA 8(a), Disadvantaged Business Enterprise (DBE) certified company with many years of management and operation experience, our management team and our company has continued to grow both in size and reputation. We take particular pride in our ability to exceed the highest expectations of our clients.

Brief History
The company started in September 1982, by the President of Base Hill, Sunny Kim’s father Mr.

Hong Kim. The company was based out of Long Beach, CA and called Kim’s Building Maintenance. In the summer of 2000, Mr. Kim retired. Sunny Kim acquired his father’s maintenance company, he named the new company KBM-Jan Point. In the following years Sunny continued to grow the company. The company was incorporated in June 2005 as Base Hill, Inc. with two office locations in Santa Fe Springs and Pomona. Base Hill operates in Southern and Northern California, with a team of 10 office staff and over 50 full and part-time cleaning crews and affiliates.

Mission Statement
Base Hill is dedicated to the highest ideal of customer satisfaction by providing an outstanding service product to not only meet but exceed our client’s expectation of a clean and healthy work environment.

Vision Statement
We are constantly working to establish ourselves as the most respected and sought-after cleaning company. We seek to build a partnership philosophy based on solid and trusting relationships with our clients.

5 Values
• Respect - we hold our clients and employees in the highest regard. We value our employees as our most important client, so they will treat each company they service as their most important customer.
• Integrity - the foundation and philosophy our company is built upon. • Responsibility - your satisfaction is our satisfaction. We strive for openness and do what we say we will do.

Staffing
All Base Hill personnel are thoroughly screened, trained, and qualified. All personnel undergo criminal background checks and are screened for any health issues and concerns. We will adjust manpower according to the need, as the evaluations are made.

Training
Base Hill employees are trained in providing top tier cleaning service. Employees are trained from hire on cleaning practices, methods, and efficiency. During training and pre-performance meetings, employees go through a step-by-step process of defining and detailing each task associated with their responsibility. Re-fresher training course is applied to employees yearly and when deficiencies arise. All janitorial crew members will be cross-trained to ensure availability of crew member to compensate for any time-off, vacation, and medical leave.

Security
All Base Hill will abide by the agency’s standard for background check, especially for security sensitive areas. All staff will be wearing company vests for easy identification in the midst of a group of people or in an open environment. Furthermore, the name badges will be worn for specific needs of an individual’s identity.

Finance and Stability
Base Hill’s revenue has been always growing in spite of even the difficulties of Covid-19 era.

Thus, our company also has sufficient capacity and resources to take on this project successfully. Base Hill has no lawsuit, litigation, or conflict of interest in last five years. Also, our company does not have a project where claims or settlements were paid by us or the insurers.

6 References
a. Client business name, location, and
personal contact and title with telephone
number and email
United States Department of the Navy
Custodial Services at Marine Corps Air Station
Miramar, Michael Lichtenthaler, CO, 619-
254-6363 office, 858-577-7780 mobile,
[email protected]
b. Scope of Services including description of
services provided, number and type of
buildings serviced, total square footage
serviced, and percentage of work for which
the proposer was responsible
Full janitorial services and floor care for
Marine Corps Air Station Base facility located
in Miramar, CA, 66 buildings including offices,
training facility, reserve center, library,
children’s center, transportation center,
warehouse, aircraft hangar, etc.,
approximately 529,126 Sqft, 100%
c. Key personnel and subcontractors
employed, and total staff assigned to project,
including number of supervisors.

Kurt Yoon, no subcontractors but only for
windows – A1, 10 assigned
d. Approximate monthly cost and annual
contract cost
$52,543.60/month, $ 630,523.20/year
e. Number of years the Proposer has
continuously serviced the account and which
years
5 years, 03/28/2019 - 03/31/2024
f. Statement of the Proposer’s adherence to
the schedule and budget
Base Hill has adhered to the schedule and
budget
a. Client business name, location, and
personal contact and title with telephone
number and email
US Army 63rd Readiness Division Region 5
Janitorial, Matthew Buretz, Main AFOS, 714-
428-7250, [email protected]
b. Scope of Services including description of
services provided, number and type of
buildings serviced, total square footage
serviced, and percentage of work for which
the proposer was responsible
Managing and providing full janitorial
services and floor care for US Army Base
facilities located throughout Southern CA,
various buildings in 13 army bases,
approximately 1,309,200 Sqft, 100%
c. Key personnel and subcontractors
employed, and total staff assigned to project,
including number of supervisors.

Phillip Van, Good Will, FRW, Elwyn, 21
assigned
d. Approximate monthly cost and annual
contract cost
$160,500/month, $1.98mil/year

7 e. Number of years the Proposer has
continuously serviced the account and which
years
3 years, 01/01/2020 – 12/31/2022
f. Statement of the Proposer’s adherence to
the schedule and budget
Base Hill has adhered to the schedule and
budget
a. Client business name, location, and
personal contact and title with telephone
number and email
Jurupa Community Services District (City of
Eastvale – Jurupa Valley), Travis Viseth, Park
Foreman, 951-790-6157, [email protected]
b. Scope of Services including description of
services provided, number and type of
buildings serviced, total square footage
serviced, and percentage of work for which
the proposer was responsible
Full janitorial service, debris pick up including
all green area, and day porters for parks, park
restrooms, trail, and special events for the
city, 15 parks, snack area, restrooms, and 1
historical building garden, approximately 500
acres and 20,000 sqft, 100%
c. Key personnel and subcontractors
employed, and total staff assigned to project,
including number of supervisors.

John Yang, no subcontractors, 4 assigned
d. Approximate monthly cost and annual
contract cost
$19,641.61/month, $235,699.32/year
e. Number of years the Proposer has
continuously serviced the account and which
years
3 years, 03/18/2019 – 03/17/2022
f. Statement of the Proposer’s adherence to
the schedule and budget
Base Hill has adhered to the schedule and
budget
a. Client business name, location, and
personal contact and title with telephone
number and email
City of Rosemead, Marty Jones, Public
Services Director, 626-569-2262,
[email protected]
b. Scope of Services including description of
services provided, number and type of
buildings serviced, total square footage
serviced, and percentage of work for which
the proposer was responsible
Full janitorial services and floor care for city
facilities, 12 locations including park,
community center, sports complex,
gymnasium, public safety center, aquatic
center, etc., approximately 200,000 sqft,
100%
c. Key personnel and subcontractors
employed, and total staff assigned to project,
including number of supervisors.

Phillip Van, no subcontractors, 5 assigned

8 d. Approximate monthly cost and annual
contract cost
$16,840/month, $202,080/year
e. Number of years the Proposer has
continuously serviced the account and which
years
3 years, 04/16/2018 – 03/31/2021
f. Statement of the Proposer’s adherence to
the schedule and budget
Base Hill has adhered to the schedule and
budget
a. Client business name, location, and
personal contact and title with telephone
number and email
City of S. Pasadena, Francois Brard, Public
Works Director, 626-403-7200,
[email protected]
b. Scope of Services including description of
services provided, number and type of
buildings serviced, total square footage
serviced, and percentage of work for which
the proposer was responsible
Full janitorial services and floor care for city
facilities, 13 locations includin city hall,
council chambers, police department, war
memorial building, park clubhouse, park
restrooms, park youth house, city yard,
recreation center, public library, senior
citizen’s center, and water facility,
approximately 82,700 sqft, 100%
c. Key personnel and subcontractors
employed, and total staff assigned to project,
including number of supervisors.

Phillip Van, no subcontractors, 4 assigned
d. Approximate monthly cost and annual
contract cost
$16,757/month, $201,084/year
e. Number of years the Proposer has
continuously serviced the account and which
years
3 years, 07/01/2019-06/30/2022
f. Statement of the Proposer’s adherence to
the schedule and budget
Base Hill has adhered to the schedule and
budget

9 Resumes

10

11 Team Organizational Chart
Point of Contact
• President and CEO – Sunny Kim (cell: 213-235-7722, [email protected]) • Project Manager – Chase Woo (cell: 714-514-2182, [email protected]) President / CEO
Sunny Kim
Admin Director
Phillip Van
Project Manager
Chase Woo
CFO
Kay Van
Back up
Cleaning
Crew
Members
Full-time
Cleaning
Crew
Members
Part-time
Cleaning
Crew
Members
Day
Porters
Site
Supervisors
QC Manager
Johnny Kim

12 Approach to Scope of Services
Current workload and Availability of Key Personnel
The project manager dedicated to the City of Maywood is Chase Woo. His workload will be adjusted accordingly once we are awarded the contract from the City of Maywood. Other staff such as supervisors and the crew members will be fully dedicated to the hours for this project once confirmed. We prepare ourselves to always have supervisors and crew members available for times of emergency and times when there are needs for back up manpower.

Daily Verification, Inspection, and Management
The supervisor will be responsible for having all the checklist ready, which will be reflected on the weekly and monthly QC report. Aside from the regular reports, the project managers and the QC managers will be making random visits to make sure the supervisors and the crew members are continually performing at their best in all kinds of circumstances.

Periodic Service Scheduling and Quality Control
The periodic service will be scheduled by the project manager with the City of Maywood. Once the date is set for a specific service on a specific location, the project manager will be in communication with the supervisor and the crew members to perform the task. For each completion, pictures and videos will be taken by the supervisors and sent to the project managers and the City of Maywood for verification of quality.

Methodology
Base Hill prioritizes communication because we believe anyone can do the work, but if it is to be done in an efficient way and to the client satisfaction, not only initial communication establishment is important, but also constant flowing channel of communication needs to take the place throughout and until the project completion.

Our company will clearly present to our crew what needs to be done at what time. Each crew members will be led by the supervisors assigned to them. The project manager will oversee each supervisors and crew members and become the direct channel for communication for our client, and in this case, the City of Maywood.

Once we are awarded the contract, Base Hill will dedicate a team of supervisors and crew members. There will be back up supervisors and crew members, as well. They have been notified already of what may be assigned to them in the near future, so that they may prepare to clean if the bidding is successful. Additionally, there will be support from the headquarters, especially from the project manager, Chase Woo, for immediate response to any circumstances.

Base Hill is always prepared for ensuring coverage in the event of staff absences (i.e. Illness, vacations, and / or terminations). We have a number of supervisors and crew members

13 available to be reallocated into different projects, when the need arises. As you may have observed from the team organizational chart, above, we have back up crews ready at all times.

Our project manager will be aware of the schedules in communication with the City of Maywood, and will arrange, accordingly, so that all gaps will be filled with our manpower to cover for any event or even emergencies. Also, in the case of emergencies, the project managers will be available via cell phone to immediately address the issue on hand.

Furthermore, please, read the documents in the Additional Data section for disinfect and sanitizing specifically for COVID-19, as well as for other sample products. Our company has already been providing a variety of disinfecting and sanitizing service for COVID-19 to many clients as we always challenge ourselves to meet the need of others when it comes to our industry services, not to mention them being part of our regular cleaning performance.

Base Hill Quality Control Manager and Supervisor/Crew Leader will ensure that all cleaning standards are up to par with City of Maywood. Before the contract start date, the Project Manager and Quality Control Manager will lead a meeting with all site staff to ensure that everyone knows what is type of quality is expected and what is expected from the different levels of services. The Site Supervisor will be collecting weekly/monthly QC reports to Project Manager for any follow-ups and rectifications.

All Base Hill personnel undergo extensive training in the use of equipment, product safety, and security measure. Employees undergo training based on the Worker Occupational Safety and Health Training and Education Program (WOSHTEP). Under the Commission on Health and Safety and Worker’s Compensation of the State of California. In addition to WOSHTEP safety standards and OSHA safety standards.

Training Covers:
• Correct use of cleaning products.
• Correct use of cleaning machines/equipment.
• Carpet care and cleaning.
• Hard floor surface care and cleaning.
• Toilet/Restroom cleaning practices.
• Hygiene and infection control.
• Identifying potential hazardous issues.
• Dust control.
• Utility conservation.
• Waste management.
• Use of Personal Protective Equipment (PPE).

14 Service Delivery
As we perform our duties, we understand that there are some things that needs more attention than others. Thus, we will do our best to emphasize to the crew, the following:

Base Hill cleaning crew will be supervised to make reports on a monthly basis on the status of the supplies to make sure that we can refill all necessary products such as soap, toilet paper, feminine products, etc.

When removing trash, recycling bins through the buildings will be identified to be properly collected and removed to a designated disposal area. Same will be done for the solid waste collection. We will not empty personal recycle containers at workstations, while emptying out large trash and recycling containers from all areas.

Wood Paneling shall be located to make sure that they are free of dirt, dust, streaks, and spots.

All the metals surfaces will be polished to maintain a lustrous appearance. Our company has the full capacity to do the annual, biannual, and quarterly periodic work including the windows, floor strip/wax, and carpet shampoo cleaning.

We have provided the cleaning products sample, and as you can see, we use products that are environmentally friendly. We, also, will emphasize disinfecting the facilities, as we would like to take greater caution to prevent COVID-19.

Our staff will wear uniforms/vests with logo at all times. Also, they will take all precautions to be least possible disruptive to the public, tenants and/or City employees.

When there are any malfunctions, the crew will be trained to report the issues to Facility Supervisor/Manager, immediately. We value communication as one of the top priority values in our company, thus, we will be in constant communication via the project manager. Whenever, there is a need, we will be there for it. Furthermore, to help our staff even more, we have distributed the provided work of scope in advance.

15 Cost Proposal
Total Monthly Price: $5,972.97
• City Hall and Sheriff Station - $3,128.70/month
• Parks - $2,844.27/month
Additional Services: TBD
• We were notifed by Karen Iniguez that the princing for strip/wax, carpet shampoo, etc. can be discussed in the future as additional services

16 Additional Data

17

18 Sample ID Badge
Equipment and Uniform

19 THIS PAGE

INTENTIONALLY

LEFT BLANK

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

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated March 22, 2023 (“Effective Date”) and is between the City of Maywood, a California municipal corporation (“City”) and Base Hill, Inc. (“Contractor”). City and Contractor are sometimes referred to herein as the “Parties”, and individually as a “Party”.

RECITALS
A. City desires to utilize the services of Contractor as an independent Contractor to perform Citywide Custodial and Janitorial Services as described in the Scope of Work.

B. Contractor 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 Contractor and Contractor 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. Contractor’s Services.

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

B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Contractor Representative shall be Sunny Kim (the “Contractor Representative”). The Contractor Representative shall directly manage Contractor’s Services under this Agreement. Contractor shall not change the Contractor Representative without City’s prior written consent.

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

D. Standard of Performance. Contractor 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.

-2- Ver. 02/2019
12501-0001\2300515v1.doc
E. Personnel. Contractor 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 Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.

F. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes, regulations and requirements, including any safety standards required by Cal OSHA or such similar agency.

G. Permits and Licenses. Contractor 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 March 31, 2026 (three-year term) ( Term”), unless sooner terminated as provided in Section 12 of this Agreement or extended. Services shall begin on April 1, 2023 or such other date as directed by the City manager. The City at its sole option may elect to extend the Term of this Agreement upon the same terms and conditions including the yearly compensation, for up to two (2) additional terms of one year each (“extension”), by providing written notice to the Contractor at least one month prior to the expiration of an existing term. Any extension shall be effective upon Contractor’s receipt of written notice of the extension from the City Manager.

3. Compensation.

A. Compensation. As full compensation for Scope of Services satisfactorily rendered, City agrees to compensate Contractor, and Contractor agrees to accept in full satisfaction for the services required by this Agreement, compensation in accordance with the Price Sheet as more particularly described in Exhibit B (“Compensation”). Said Compensation shall constitute reimbursement of Contractor’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, Contractors 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 Contractor be paid more than $89,875.64 in Year 1 of the Term, $85,375.64 in Year 2 of the Term and $85,375.64 in Year 3 of the Term. If this Agreement is extended, the maximum compensation for each one-year extension shall not exceed $85,375.64.

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

C. Unauthorized Services and Expenses. City will not pay for any services not specified in the Scope of Services, unless the City Council or the City Representative, if applicable, and the Contractor Representative authorize such services in writing prior to Contractor’s performance of those services or incurrence of additional expenses. With

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respect to the additional services described in Exhibit A, such services require a written notice to proceed and City shall not pay for any additional services without a written notice to proceed issued by the City and accepted by the Contractor. 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.

4. Method of Payment.

A. Invoices. Contractor 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 Contractor in writing within ten Business days of receipt of any disputed invoice amounts.

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

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

5. Independent Contractor. Contractor is, and shall at all times remain as to City, a wholly independent Contractor. Contractor 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 Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City.

6. Information and Documents.

A. Contractor covenants that all data, reports, documents, discussion, or other information (collectively “Data”) developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Contractor, its officers, employees,

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agents, or subContractors 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 Contractor gives City notice of such court order or subpoena.

B. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subContractors 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 Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.

C. All Data required to be furnished to City in connection with this Agreement shall become City’s property, and City may use all or any portion of the Data submitted by Contractor 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 Contractor’s permission. Contractor 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 Contractor.

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

7. Conflicts of Interest. Contractor and its officers, employees, associates and subContractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Contractor’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, Contractor may perform similar Services for other clients, but Contractor and its officers, employees, associates and subContractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subContractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Contractor shall incorporate a clause substantially similar to this Section into any subcontract that Contractor executes in connection with the performance of this Agreement.

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

A. Indemnities.
1) To the fullest extent permitted by law, Contractor 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 Contractors 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 Contractor, its officers, agents, servants, employees, subContractors, materialmen, Contractors or their officers, agents, servants or employees (or any entity or individual that Contractor 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. Contractor 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. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
2) Contractor shall pay all required taxes on amounts paid to Contractor 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 Contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees.

Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2).
3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subContractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity obligations, Contractor

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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 Contractor’s subContractor, its officers, agents, servants, employees, subContractors, materialmen, Contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subContractor 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. Contractor’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. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

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

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

9. Insurance.

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

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3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Contractor has no employees while performing Services under this Agreement, workers’ compensation policy is not required, but Contractor shall execute a declaration that it has no employees.

B. 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.

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

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

E. Contractor’s Waiver of Subrogation. The insurance policies required under this Section shall not prohibit Contractor and Contractor’s employees, agents or subContractors from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.

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

G. Cancellations or Modifications to Coverage. Contractor 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, Contractor shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

H. City Remedy for Noncompliance. If Contractor 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 Contractor’s policies do not comply with the

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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 Contractor’s expense, the premium thereon.

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

I. Evidence of Insurance. Prior to the performance of Services under this Agreement, Contractor 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. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on file with City’s Risk Manager. Contractor 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.

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

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

K. SubContractor Insurance Requirements. Contractor shall require each of its subContractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.

10. Mutual Cooperation.

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

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

11. Records and Inspections. Contractor 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. Contractor 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.

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12. Termination of Agreement.

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

B. Obligations upon Termination. Contractor 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 Contractor, City shall pay Contractor based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Services required by this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation.

13. Force Majeure. Contractor shall not be liable for any failure to perform its obligations under this Agreement if Contractor 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 Contractor’s reasonable control and not due to any act by Contractor.

14. Default.

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

B. In addition to the right to terminate pursuant to Section 12, if the City Manager determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, City shall serve Contractor with written notice of the default. Contractor 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 Contractor 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.

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15. Notices. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during Contractor’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 Contractor:

Attn: City Manager Attn: Sunny Kim
City of Maywood Base Hill, Inc.
4319 East Slauson Avenue 11823 E. Slauson Ave. Suite 3
Maywood, California 90270 Santa Fe Springs, CA 90670

16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subContractor 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. Contractor will take affirmative action to ensure that subContractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

17. Prohibition of Assignment and Delegation. Contractor 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 Contractor from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

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

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

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to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.

20. Final Payment Acceptance Constitutes Release. The acceptance by Contractor 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 Contractor for anything done, furnished or relating to Contractor’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 Contractor, its employees, subContractors 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 Contractor, its employees, subContractors and agents.

21. Corrections. In addition to the above indemnification obligations, Contractor shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Contractor’s report or plans. Should Contractor 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 Contractor. 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 Contractor under this Agreement up to the amount of the cost of correction.

22. Non-Appropriation of Funds. Payments to be made to Contractor 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 Contractor’s services beyond the current fiscal year, this Agreement shall cover payment for Contractor’s services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

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

24. Entire Agreement and Modification of Agreement. This Agreement and all exhibits and attachments 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

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except those expressly set forth in this Agreement. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by both Parties.

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

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

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

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

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

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

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

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

33. Corporate Authority. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf

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of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement.
[SIGNATURE PAGE FOLLOWS]

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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:

Frank Garcia,
Mayor of the City of Maywood
ATTEST:

By:

Andrea Aguilar, City Clerk
APPROVED AS TO FORM:

By:

Roxanne Diaz, City Attorney
Contractor:

Base Hill, Inc.

Janitorial Services
By:

Name: Sunny Kim
Title: President

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EXHIBIT A

SCOPE OF SERVICES
Janitorial Maintenance Services. Contractor shall provide janitorial maintenance services at the City’s municipal buildings and parks (City Hall, Sheriff’s Sub-Station, Riverfront Park, Maywood Park, Pine Park, Pixley Park and Benito Juarez Park) as set forth in the description of services and frequency levels described in Attachment 1 and Attachment 2 to this Exhibit A as well as in compliance with the Contractor’s proposal set forth as Attachment 3 to this Exhibit A (“Contractor’s Proposal”). Attachments 1, 2 and 3 are incorporated herein by this reference. To the extent there is any conflict between the Contractor’s Proposal and this Agreement and Exhibit A including Attachments 1 and 2, the Agreement and Exhibit A including Attachments 1 and 2 shall control.

With respect to the services at the City’s parks, the Contractor shall ensure that services are provided in compliance with the following chart in addition to tasks required under Attachment 2
Services at City’s Parks
Location Service** Frequency Trash Cans*
Riverfront Park Full daily service Everyday 27 trash cans Maywood Park Full daily service Everyday 12 trash cans/ 4 recycling cans
Pine Park Full daily service Everyday 2 trash cans
Pixley Park Full daily service Everyday 1 trash cans
Benito Juarez Park Full daily service Everyday 4 trash cans *Clean and empty out trash receptacles inside and outside throughout the entire park. *The City of Maywood reserves the right to add more trash cans and recycling trash cans during the term of the Agreement and in such case, Contractor shall service (i.e. empty, clean, etc.) the additional trash cans and recycling trash cans without any additional cost. **Contractor will unclog toilets to the best of their ability. Contractor shall plunge and remove all the items located in the toilet. A picture will be provided to the Public Works Superintendent if it cannot be unclogged.

Janitorial Enhancements-Additional Services. If requested by the City pursuant to a “written notice to proceed for additional services” that is transmitted to the Contractor and accepted by Contractor in writing (email is satisfactory), then Contractor shall provide the following janitorial enhancements or additional services:
• Base Hill Inc. will provide fogging services the day that it is requested. • A day porter will be provided to the City upon the request of the Director of Building and Planning and/or the Public Works Superintendent or their designated representatives (“City Representatives”). In such case, the City

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Representatives shall notify Base Hill Inc. in advance when a day porter will be required and the number of hours requested.
• The cleaning and waxing of VCT hard floors in the City facilities • The shampooing of carpets in the City facilities
Compensation for these additional services is set forth in Exhibit B.

Holidays
The City observes the following holidays. Notwithstanding, services shall continue to be provided at the City’s park facilities.

New Years Day Labor Day
Martin Luther King JR. Day Veterans Day
President’s Day Thanksgiving Day, Day after Thanksgiving Memorial Day Christmas Eve, Christmas Day (Days in between ) Independence Day New Year’s Eve, New Year’s Day

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ATTACHMENT 1 TO EXHIBIT A
(CITY HALL AND SHERIFF SUB-STATION)

Attachment 1
I. City Hall and Sheriff Sub-Station
Cleaning must commence no earlier than 4:50 starting at the Sheriff’s Station. Day to day contact should be the Public Works Superintendent.

Areas to be Cleaned Service type Frequency
City Hall
Entranceway Broom and mop floors, dust the surrounding
area, wipe clean and sanitize all doors, disinfect
side railing, doorknobs/frames and light
switches, spot clean, sanitize the area as a whole.

Empty all waste baskets and trash receptacles,
including shredders and replace all liners.
5 times a week
Lobby Broom and mop the floor. Empty all waste
baskets, recycling baskets and trash receptacles,
including shredders and replace all liners. Wipe
clean and sanitize all doors, doorknobs/frames
and light switches, spot clean, sanitize the area
as a whole. Dust the surrounding areas (ex.

Counter, blinds), wipe down doors, vacuum,
clean plexi glass, sanitize the area as a whole.
5 times a week
Cubicle desk area Vacuum area and surrounding area and under the mat, mop the plastic mats. Empty all waste
baskets, recycling baskets and trash receptacles
including shredders and replace all liners. Spot
clean partition glass, and interior glass panels. If
requested clean the desk, keyboard, monitor,
and phone. Sanitize the area as a whole
5 times a week
Offices (8) Vacuum the whole office area and under the
mat, mop the plastic mat. Empty all waste
baskets, recycling baskets and trash receptacles,
including shredders and replace all liners. If
requested clean the desk, keyboard, monitor,
and phone, sanitize the area as a whole.
5 times a week
Council Chambers Broom and mop the floor Empty all waste baskets, recycling baskets and trash receptacles,
including shredders and replace all liners.

Dust the surrounding areas (ex. Council members
desk, ), clean the clean plexi glass, sanitize the
area as a whole.
5 times a week
Stairwells Broom and mop the floor, clean the handlebar, clean/ dust the plaque pictures, sanitize the area
as a whole.
5 times a week

Conference room Broom and vacuum the floor, spot clean the conference table, dust the surrounding areas,
sanitize the area as a whole.
5 times a week
Kitchenette
(Upstairs)
Wipe and clean all tables and chairs, sweep, and
mop the floor. Clean the microwave inside and
out. Empty all waste baskets, recycling baskets
and trash receptacles including shredders and
replace all liners. Clean the countertop and sink
daily. Clean inside of the refrigerator weekly. Ask
staff before cleaning throwing anything away if
you are unsure.
5 times a week
Kitchenette
(Downstairs)
Wipe and clean all tables and chairs, sweep, and
mop the floor. Clean the microwave inside and
out. Empty all waste baskets, recycling baskets
and trash receptacles including shredders and
replace all liners. Clean the countertop and sink
daily. Clean inside of the refrigerator weekly. Ask
staff before cleaning throwing anything away if
you are unsure.
5 times a week
Restrooms
(Upstairs)
(downstairs)
Empty and wipe out all wastepaper receptacles.

Empty sanitary napkin containers and replace
insert. Polish all metal and mirrors. Clean and
polish all dispensers. Clean and disinfect wash
basins, toilet bowls, urinals, and doorknobs.

Spot clean walls around wash hand basins.

Disinfect underside and tops of toilet seats.

Mop restroom floors with germicidal solution
Dust all ledges. Refill soap, towel, tissue
containers and seat cover dispensers
5 times a week
Sheriff Sub-Station
Entranceway Broom and mop floors, dust the surrounding
area, wipe clean and sanitize all doors, disinfect
railing, doorknobs/frames and light switches,
spot clean, sanitize the area as a whole. Empty all
waste baskets and trash receptacles, including
shredders and replace all liners.
5 times a week
Cubicle desk area Vacuum area and surrounding area and under the mat, mop the mats. Empty all waste baskets
and trash receptacles, including shredders and
replace all liners. Spot clean partition glass, and
interior glass panels. If requested clean the desk,
keyboard, monitor, and phone. Sanitize the area
as a whole
5 times a week

Gym area Broom and mop floors, dust the surrounding
area, wipe clean and sanitize all doors, disinfect
side railing, doorknobs/frames and light
switches, spot clean, sanitize the area as a whole.

Clean the gym mirrors. Clean rubber floor mats
once a week. Clean the stairways leading up to
the gym.
5 times a week
Offices Vacuum the whole office area and under the
mat, mop the plastic mat. Empty all waste
baskets and trash receptacles, including
shredders and replace all liners. If requested
clean the desk, keyboard, monitor, and phone,
sanitize the area as a whole.
5 times a week
Men’s locker room Empty and wipe out all wastepaper receptacles.

Empty sanitary napkin containers and replace
insert. Polish all metal and mirrors. Clean and
polish all dispensers. Clean and disinfect wash
basins, toilet bowls, urinals, and doorknobs. Spot
clean walls around wash hand basins.

Disinfect underside and tops of toilet seats.

Clean all shower areas. Mop restroom floors with
germicidal solution. Dust all ledges. Refill soap,
towel, tissue containers and seat cover
dispensers
5 times a week
Women’s locker room Empty and wipe out all wastepaper receptacles.

Empty sanitary napkin containers and replace
insert. Polish all metal and mirrors. Clean and
polish all dispensers. Clean and disinfect wash
basins, toilet bowls, urinals, and doorknobs. Spot
clean walls around wash hand basins.

Disinfect underside and tops of toilet seats.

Clean all shower areas. Mop restroom floors with
germicidal solution. Dust all ledges. Refill soap,
towel, tissue containers and seat cover
dispensers
5 times a week
Break Room Wipe clean all the tables and chairs. Sweep and mop and clean all floors. Clean the microwave
inside and out. Clean the sink area and empty all
waste baskets and trash receptacles as well as
replace the trash liners. Clean all countertops
and sink daily. Clean inside of the refrigerator
once a week, please ask before anything is
thrown out if you are unsure.
5 times a week

City Hall and Sheriff
Sub-Station
Monthly Services Report any facility damage or damaged items.

Turn off all the lights, leave only designated night
lights on. Keep janitorial/storage rooms clean,
orderly, and safe at all times. Ensure that all
doors are properly secured, and any alarms are
properly set before leaving the premises. Ensure
that no unauthorized personnel are allowed into
the building at any time. Clean the stairways.

Miscellaneous Perform overheard dusting in all areas, including tops of doors, partitions, and high ledges. Brush
all wall and ceiling vents. Clean Police Station.

Miscellaneous
(Everyday)
Clean all door handles/lights every day. Clean
windows and window seals. Dust around the
area.

A-4
12501-0001\2300515v1.doc
ATTACHMENT 2 TO EXHIBIT A
(PARK MAINTENANCE)

Attachment 2
II. Park Maintenance
City Parks shall have its gates open at 7am and shall close them at 8pm; They will open all five (5) parks seven (7) days a week, 365 days per year. Open Riverfront Park restrooms at 8AM and Close at 7PM; 7 days per week/365 days per year. Day to day contact shall be the Public Works Superintendent
Parks to be Cleaned Service type Frequency
Riverfront Park Restroom - Stock towels, tissue and hand soap.

Empty sanitary napkin receptacles and wipe with
disinfectant. Empty trash receptacles and wipe if
needed and recycling stations. Clean and polish
mirrors and disinfect doorknobs/handles. Wipe towel
cabinet covers. Toilets and urinals to be cleaned and
sanitized inside and outside. Toilet seats to be
cleaned on both sides using disinfectant and
polished. Scour and sanitize all basins. Dust
partitions, top of mirrors and frames. Remove splash
marks from walls around basins. Mop and rinse
Restroom floors with disinfectant. Disinfect restroom
dividers/partitions 3 times per week.
(For Riverfront Park and Maywood Park: Weigh and
record the total trash bag weight collected. One total
weight per each park to be recorded on a daily
weight sheet. Contractor to include a monthly weight
sheet with invoice.)
Daily – Empty in and around the trashcan as well
replace liners in all trashcans and refill and dispose of waste at doggie disposal sites. Haul away trash to city yard and any recyclable trash. Open Riverfront gate
7am. Close Riverfront gate at 8pm. All trash and
recyclable trash receptacles are to be emptied
including entrance containers and replace trash liner.

Contractor is also to report homeless encampments
to and bulky items to Public Works Superintendent.

Trash receptacles to be washed and sanitized once
per month. Disposing of trash at designated area
(5600 Heliotrope Ave. Maywood CA.; City of
Maywood Public Works Yard).

Doggie Waste Stations (4): Park entrance on Alamo
Ave. Park entrance on 59th Pl just east of the
Daily

playground area. LA River entrance inside the park.

Park entrance on Walker Ave.

Maywood Park Daily – Empty in and around the trashcan as well replace liners in all trashcans and refill and dispose of waste at doggie disposal sites. Haul away trash to the
City’s Public Works Yard and any recyclable trash. All
trash and recyclable trash receptacles are to be
emptied including entrance containers and replace
trash liner. Contractor is also to report homeless
encampments to and bulky items to Public Works
Superintendent. Trash receptacles to be washed and
sanitized once per month. Disposing of trash at
designated area (5600 Heliotrope Ave. Maywood CA.;
City of Maywood Public Works Yard). (For Riverfront
Park and Maywood Park: Weigh and record the total
trash bag weight collected. One total weight per each
park to be recorded on a daily weight sheet.

Contractor to include a monthly weight sheet with
invoice.)
Doggie Waste Stations (3): Inside the park just east
of the Aquatic Center entrance. Park entrance on
Heliotrope Ave. On the corner of Heliotrope Ave &
58th St.

Daily
Pixley Park Daily – Empty in and around the trashcan as well replace liners in all trashcans and refill and dispose of waste at doggie disposal sites. Haul away trash to city yard and any recyclable trash . Open Pixley Park gate
7am. Close Pixley Park gate at 8pm. All trash and
recyclable trash receptacles are to be emptied
including entrance containers and replace trash liner.

Contractor is also to report homeless encampments
to and bulky items to Public Works Superintendent.

Trash receptacles to be washed and sanitized once
per month. Disposing of trash at designated area
(5600 Heliotrope Ave. Maywood CA.; City of
Maywood Public Works Yard).

Daily
Benito Juarez Daily – Empty in and around the trashcan as well replace liners in all trashcans and refill and dispose of waste at doggie disposal sites. Haul away trash to city yard and any recyclable trash . Open Benito Juarez
Park gate 7am. Close Benito Juarez Park gate at 8pm.

All trash and recyclable trash receptacles are to be
Daily

emptied including entrance containers and replace
trash liner. Contractor is also to report homeless
encampments to and bulky items to Public Works
Superintendent. Trash receptacles to be washed and
sanitized once per month. Disposing of trash at
designated area (5600 Heliotrope Ave. Maywood CA.;
City of Maywood Public Works Yard).

Pine Park Daily – Empty in and around the trashcan as well replace liners in all trashcans and refill and dispose of waste at doggie disposal sites. Haul away trash to city yard and any recyclable trash. Open Pine Park gate
7am. Close Pine Park gate at 8pm. All trash and
recyclable trash receptacles are to be emptied
including entrance containers and replace trash liner.

Contractor is also to report homeless encampments
to and bulky items to Public Works Superintendent.

Trash receptacles to be washed and sanitized once
per month. Disposing of trash at designated area
(5600 Heliotrope Ave. Maywood CA.; City of
Maywood Public Works Yard).

Daily

A-5
12501-0001\2300515v1.doc
ATTACHMENT 3 TO EXHIBIT A
(CONTRACTOR’S PROPOSAL)

1 Response to RFP for
Janitorial Services for
City of Maywood
Presented to:

Steve Fowler
Director of Building and Planning
City of Maywood
[email protected]
323-562-5721
Presented by:

Sunny Kim
President and CEO
Base Hill Inc.
[email protected]
213-425-3070
Base Hill, Inc.

Building Maintenance Services
11823 E. Slauson Ave. Suite 3, Santa Fe Springs, CA 90670

2 February 16, 2023
Steve Fowler
Director of Building and Planning
City of Maywood
Dear Mr. Fowler:

Thank you for allowing us to present our formal proposal submitted on behalf of Base Hill Building Maintenance Services in response to the RFP for Janitorial Services for City of Maywood. We are very pleased to take part in this opportunity to offer our services.

We hereby state that no exceptions are taken to any specification requirements or contract terms and conditions of the RFP for Janitorial Services for City of Maywood. This proposal is valid for a term of 90 days from the due date of the proposal of February 17, 2023.

We are committed to providing our clients with the highest standards of quality of service. We strive to exceed expectations through our integrity, ethical values and commitment to client satisfaction.

All of us at Base Hill are committed to the execution and success of this proposal if Base Hill is selected as the vendor of your choice.

Please do not hesitate to contact me directly if you should have any question and/or concerns regarding the attached proposal.

In closing, I would like to thank you again for your time and consideration.

Respectfully,
Sunny Kim
President and CEO
11823 E. Slauson Ave. Suite 3 Santa Fe Springs, CA 90670 Cell: 213-235-7722
Fax: 213-425-3071
[email protected]
www.basehill.com

3 Table of Contents
Letter of Introduction.........................................................................2 Experience and Qualifications ............................................................4 Approach to the Scope of Services....................................................12 Cost Proposal...................................................................................15 Additional Data................................................................................16

4 Experience and Qualifications
Profile of Firm
For over 20 years Base Hill has been providing outstanding building and property maintenance services for private properties, commercial facilities, federal, and local governments. The properties we maintain range from large high-rise buildings to smaller private office spaces.

Our highly skilled workforce services approximately 2 million square feet every year.

Base Hill is an SBA 8(a), Disadvantaged Business Enterprise (DBE) certified company with many years of management and operation experience, our management team and our company has continued to grow both in size and reputation. We take particular pride in our ability to exceed the highest expectations of our clients.

Brief History
The company started in September 1982, by the President of Base Hill, Sunny Kim’s father Mr.

Hong Kim. The company was based out of Long Beach, CA and called Kim’s Building Maintenance. In the summer of 2000, Mr. Kim retired. Sunny Kim acquired his father’s maintenance company, he named the new company KBM-Jan Point. In the following years Sunny continued to grow the company. The company was incorporated in June 2005 as Base Hill, Inc. with two office locations in Santa Fe Springs and Pomona. Base Hill operates in Southern and Northern California, with a team of 10 office staff and over 50 full and part-time cleaning crews and affiliates.

Mission Statement
Base Hill is dedicated to the highest ideal of customer satisfaction by providing an outstanding service product to not only meet but exceed our client’s expectation of a clean and healthy work environment.

Vision Statement
We are constantly working to establish ourselves as the most respected and sought-after cleaning company. We seek to build a partnership philosophy based on solid and trusting relationships with our clients.

5 Values
• Respect - we hold our clients and employees in the highest regard. We value our employees as our most important client, so they will treat each company they service as their most important customer.
• Integrity - the foundation and philosophy our company is built upon. • Responsibility - your satisfaction is our satisfaction. We strive for openness and do what we say we will do.

Staffing
All Base Hill personnel are thoroughly screened, trained, and qualified. All personnel undergo criminal background checks and are screened for any health issues and concerns. We will adjust manpower according to the need, as the evaluations are made.

Training
Base Hill employees are trained in providing top tier cleaning service. Employees are trained from hire on cleaning practices, methods, and efficiency. During training and pre-performance meetings, employees go through a step-by-step process of defining and detailing each task associated with their responsibility. Re-fresher training course is applied to employees yearly and when deficiencies arise. All janitorial crew members will be cross-trained to ensure availability of crew member to compensate for any time-off, vacation, and medical leave.

Security
All Base Hill will abide by the agency’s standard for background check, especially for security sensitive areas. All staff will be wearing company vests for easy identification in the midst of a group of people or in an open environment. Furthermore, the name badges will be worn for specific needs of an individual’s identity.

Finance and Stability
Base Hill’s revenue has been always growing in spite of even the difficulties of Covid-19 era.

Thus, our company also has sufficient capacity and resources to take on this project successfully. Base Hill has no lawsuit, litigation, or conflict of interest in last five years. Also, our company does not have a project where claims or settlements were paid by us or the insurers.

6 References
a. Client business name, location, and
personal contact and title with telephone
number and email
United States Department of the Navy
Custodial Services at Marine Corps Air Station
Miramar, Michael Lichtenthaler, CO, 619-
254-6363 office, 858-577-7780 mobile,
[email protected]
b. Scope of Services including description of
services provided, number and type of
buildings serviced, total square footage
serviced, and percentage of work for which
the proposer was responsible
Full janitorial services and floor care for
Marine Corps Air Station Base facility located
in Miramar, CA, 66 buildings including offices,
training facility, reserve center, library,
children’s center, transportation center,
warehouse, aircraft hangar, etc.,
approximately 529,126 Sqft, 100%
c. Key personnel and subcontractors
employed, and total staff assigned to project,
including number of supervisors.

Kurt Yoon, no subcontractors but only for
windows – A1, 10 assigned
d. Approximate monthly cost and annual
contract cost
$52,543.60/month, $ 630,523.20/year
e. Number of years the Proposer has
continuously serviced the account and which
years
5 years, 03/28/2019 - 03/31/2024
f. Statement of the Proposer’s adherence to
the schedule and budget
Base Hill has adhered to the schedule and
budget
a. Client business name, location, and
personal contact and title with telephone
number and email
US Army 63rd Readiness Division Region 5
Janitorial, Matthew Buretz, Main AFOS, 714-
428-7250, [email protected]
b. Scope of Services including description of
services provided, number and type of
buildings serviced, total square footage
serviced, and percentage of work for which
the proposer was responsible
Managing and providing full janitorial
services and floor care for US Army Base
facilities located throughout Southern CA,
various buildings in 13 army bases,
approximately 1,309,200 Sqft, 100%
c. Key personnel and subcontractors
employed, and total staff assigned to project,
including number of supervisors.

Phillip Van, Good Will, FRW, Elwyn, 21
assigned
d. Approximate monthly cost and annual
contract cost
$160,500/month, $1.98mil/year

7 e. Number of years the Proposer has
continuously serviced the account and which
years
3 years, 01/01/2020 – 12/31/2022
f. Statement of the Proposer’s adherence to
the schedule and budget
Base Hill has adhered to the schedule and
budget
a. Client business name, location, and
personal contact and title with telephone
number and email
Jurupa Community Services District (City of
Eastvale – Jurupa Valley), Travis Viseth, Park
Foreman, 951-790-6157, [email protected]
b. Scope of Services including description of
services provided, number and type of
buildings serviced, total square footage
serviced, and percentage of work for which
the proposer was responsible
Full janitorial service, debris pick up including
all green area, and day porters for parks, park
restrooms, trail, and special events for the
city, 15 parks, snack area, restrooms, and 1
historical building garden, approximately 500
acres and 20,000 sqft, 100%
c. Key personnel and subcontractors
employed, and total staff assigned to project,
including number of supervisors.

John Yang, no subcontractors, 4 assigned
d. Approximate monthly cost and annual
contract cost
$19,641.61/month, $235,699.32/year
e. Number of years the Proposer has
continuously serviced the account and which
years
3 years, 03/18/2019 – 03/17/2022
f. Statement of the Proposer’s adherence to
the schedule and budget
Base Hill has adhered to the schedule and
budget
a. Client business name, location, and
personal contact and title with telephone
number and email
City of Rosemead, Marty Jones, Public
Services Director, 626-569-2262,
[email protected]
b. Scope of Services including description of
services provided, number and type of
buildings serviced, total square footage
serviced, and percentage of work for which
the proposer was responsible
Full janitorial services and floor care for city
facilities, 12 locations including park,
community center, sports complex,
gymnasium, public safety center, aquatic
center, etc., approximately 200,000 sqft,
100%
c. Key personnel and subcontractors
employed, and total staff assigned to project,
including number of supervisors.

Phillip Van, no subcontractors, 5 assigned

8 d. Approximate monthly cost and annual
contract cost
$16,840/month, $202,080/year
e. Number of years the Proposer has
continuously serviced the account and which
years
3 years, 04/16/2018 – 03/31/2021
f. Statement of the Proposer’s adherence to
the schedule and budget
Base Hill has adhered to the schedule and
budget
a. Client business name, location, and
personal contact and title with telephone
number and email
City of S. Pasadena, Francois Brard, Public
Works Director, 626-403-7200,
[email protected]
b. Scope of Services including description of
services provided, number and type of
buildings serviced, total square footage
serviced, and percentage of work for which
the proposer was responsible
Full janitorial services and floor care for city
facilities, 13 locations includin city hall,
council chambers, police department, war
memorial building, park clubhouse, park
restrooms, park youth house, city yard,
recreation center, public library, senior
citizen’s center, and water facility,
approximately 82,700 sqft, 100%
c. Key personnel and subcontractors
employed, and total staff assigned to project,
including number of supervisors.

Phillip Van, no subcontractors, 4 assigned
d. Approximate monthly cost and annual
contract cost
$16,757/month, $201,084/year
e. Number of years the Proposer has
continuously serviced the account and which
years
3 years, 07/01/2019-06/30/2022
f. Statement of the Proposer’s adherence to
the schedule and budget
Base Hill has adhered to the schedule and
budget

9 Resumes

10

11 Team Organizational Chart
Point of Contact
• President and CEO – Sunny Kim (cell: 213-235-7722, [email protected]) • Project Manager – Chase Woo (cell: 714-514-2182, [email protected]) President / CEO
Sunny Kim
Admin Director
Phillip Van
Project Manager
Chase Woo
CFO
Kay Van
Back up
Cleaning
Crew
Members
Full-time
Cleaning
Crew
Members
Part-time
Cleaning
Crew
Members
Day
Porters
Site
Supervisors
QC Manager
Johnny Kim

12 Approach to Scope of Services
Current workload and Availability of Key Personnel
The project manager dedicated to the City of Maywood is Chase Woo. His workload will be adjusted accordingly once we are awarded the contract from the City of Maywood. Other staff such as supervisors and the crew members will be fully dedicated to the hours for this project once confirmed. We prepare ourselves to always have supervisors and crew members available for times of emergency and times when there are needs for back up manpower.

Daily Verification, Inspection, and Management
The supervisor will be responsible for having all the checklist ready, which will be reflected on the weekly and monthly QC report. Aside from the regular reports, the project managers and the QC managers will be making random visits to make sure the supervisors and the crew members are continually performing at their best in all kinds of circumstances.

Periodic Service Scheduling and Quality Control
The periodic service will be scheduled by the project manager with the City of Maywood. Once the date is set for a specific service on a specific location, the project manager will be in communication with the supervisor and the crew members to perform the task. For each completion, pictures and videos will be taken by the supervisors and sent to the project managers and the City of Maywood for verification of quality.

Methodology
Base Hill prioritizes communication because we believe anyone can do the work, but if it is to be done in an efficient way and to the client satisfaction, not only initial communication establishment is important, but also constant flowing channel of communication needs to take the place throughout and until the project completion.

Our company will clearly present to our crew what needs to be done at what time. Each crew members will be led by the supervisors assigned to them. The project manager will oversee each supervisors and crew members and become the direct channel for communication for our client, and in this case, the City of Maywood.

Once we are awarded the contract, Base Hill will dedicate a team of supervisors and crew members. There will be back up supervisors and crew members, as well. They have been notified already of what may be assigned to them in the near future, so that they may prepare to clean if the bidding is successful. Additionally, there will be support from the headquarters, especially from the project manager, Chase Woo, for immediate response to any circumstances.

Base Hill is always prepared for ensuring coverage in the event of staff absences (i.e. Illness, vacations, and / or terminations). We have a number of supervisors and crew members

13 available to be reallocated into different projects, when the need arises. As you may have observed from the team organizational chart, above, we have back up crews ready at all times.

Our project manager will be aware of the schedules in communication with the City of Maywood, and will arrange, accordingly, so that all gaps will be filled with our manpower to cover for any event or even emergencies. Also, in the case of emergencies, the project managers will be available via cell phone to immediately address the issue on hand.

Furthermore, please, read the documents in the Additional Data section for disinfect and sanitizing specifically for COVID-19, as well as for other sample products. Our company has already been providing a variety of disinfecting and sanitizing service for COVID-19 to many clients as we always challenge ourselves to meet the need of others when it comes to our industry services, not to mention them being part of our regular cleaning performance.

Base Hill Quality Control Manager and Supervisor/Crew Leader will ensure that all cleaning standards are up to par with City of Maywood. Before the contract start date, the Project Manager and Quality Control Manager will lead a meeting with all site staff to ensure that everyone knows what is type of quality is expected and what is expected from the different levels of services. The Site Supervisor will be collecting weekly/monthly QC reports to Project Manager for any follow-ups and rectifications.

All Base Hill personnel undergo extensive training in the use of equipment, product safety, and security measure. Employees undergo training based on the Worker Occupational Safety and Health Training and Education Program (WOSHTEP). Under the Commission on Health and Safety and Worker’s Compensation of the State of California. In addition to WOSHTEP safety standards and OSHA safety standards.

Training Covers:
• Correct use of cleaning products.
• Correct use of cleaning machines/equipment.
• Carpet care and cleaning.
• Hard floor surface care and cleaning.
• Toilet/Restroom cleaning practices.
• Hygiene and infection control.
• Identifying potential hazardous issues.
• Dust control.
• Utility conservation.
• Waste management.
• Use of Personal Protective Equipment (PPE).

14 Service Delivery
As we perform our duties, we understand that there are some things that needs more attention than others. Thus, we will do our best to emphasize to the crew, the following:

Base Hill cleaning crew will be supervised to make reports on a monthly basis on the status of the supplies to make sure that we can refill all necessary products such as soap, toilet paper, feminine products, etc.

When removing trash, recycling bins through the buildings will be identified to be properly collected and removed to a designated disposal area. Same will be done for the solid waste collection. We will not empty personal recycle containers at workstations, while emptying out large trash and recycling containers from all areas.

Wood Paneling shall be located to make sure that they are free of dirt, dust, streaks, and spots.

All the metals surfaces will be polished to maintain a lustrous appearance. Our company has the full capacity to do the annual, biannual, and quarterly periodic work including the windows, floor strip/wax, and carpet shampoo cleaning.

We have provided the cleaning products sample, and as you can see, we use products that are environmentally friendly. We, also, will emphasize disinfecting the facilities, as we would like to take greater caution to prevent COVID-19.

Our staff will wear uniforms/vests with logo at all times. Also, they will take all precautions to be least possible disruptive to the public, tenants and/or City employees.

When there are any malfunctions, the crew will be trained to report the issues to Facility Supervisor/Manager, immediately. We value communication as one of the top priority values in our company, thus, we will be in constant communication via the project manager. Whenever, there is a need, we will be there for it. Furthermore, to help our staff even more, we have distributed the provided work of scope in advance.

15 Cost Proposal
Total Monthly Price: $5,972.97
• City Hall and Sheriff Station - $3,128.70/month
• Parks - $2,844.27/month
Additional Services: TBD
• We were notifed by Karen Iniguez that the princing for strip/wax, carpet shampoo, etc. can be discussed in the future as additional services

16 Additional Data

17

18 Sample ID Badge
Equipment and Uniform

19 THIS PAGE

INTENTIONALLY

LEFT BLANK

12501-0001\2300515v1.doc

EXHIBIT B

COMPENSATION
For the Services set forth in this Agreement and as described in Exhibit A, Contractor shall be paid at the rates set forth in the Price Sheet below. The maximum potential yearly compensation to be paid to Contractor for each service is set forth in the column entitled “Not to Exceed-Yearly Compensation.”
Price Sheet
Services Price Not to Exceed-Yearly
Compensation
City Hall and Sheriff Substation$3,128.70/month $37,544.40 a year Parks $3,044.27 /month $36,531.24 a year
Day Porter $25/hour $5,000 a year
Wax VCT Hard Floor $3,650/service $7,300 (Year 1);
$3,650 (Year 2 and Year 3)
Shampoo Carpet $850/service $1,700 (Year 1);
$850 (Year 2 and Year 3)
Fogging Service $450/service $1,800 a year
Maximum Potential Compensation Year 1: $89,875.64
Year 2: $85,375.64
Year 3: $85,375.64
For purposes of illustrating the maximum compensation for the Term of this Agreement, the following chart sets forth the maximum potential yearly compensation and compensation for the Term
Services Compensation
City Hall and Sheriff Sub-station $37,544.40 a year/ $112,633.20 three years Parks $36,531.24 a year/ $109,593.72 three years
Day Porter $5,000 a year/ $15,000 three years
Wax VCT Hard Floor $7,300 (year 1), $3,650 (year 2 and 3)/ $14,600 three years
Shampoo Carpet $1,700 (year 1), $1,700 (year 2 and 3)/ $3,400 three years
Fogging Service $1,800 a year/ $5,400 a year

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 9.

DATE: March 22, 2023
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 - FEBRUARY 2023
RECOMMENDATION:

Staff recommends that the City Council receive and file the Revenue Report from July 2022 - February 2023.

BACKGROUND:

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

DISCUSSION:

The attached analysis (see Attachment 1) compares prior Year-to-Date (YTD) and current YTD Revenue.

The total revenue received from July 2022 - February 2023 totaled $13,402,957.82 (bottom of column B), which is .44% (see column D - Current YTD Prior YTD % Difference in attachment) higher 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) Miscellaneous Revenues; and 6) Retiree Pension Levy Revenues. The total General Fund received totaled $6,759,006.08 (see Column entitled B - Current Fiscal Year to Date Revenue, the row entitled General Fund Revenue Totals), which is 3.61% (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 this time period were 9.43% lower than the same period due primarily to:
▪ 1.1) the decrease in Cannabis Sales Tax Revenue is 34.93%. There appears to be a shakeout in the cannabis industry of the Los Angeles region. There have been closures, consolidations, mergers and acquisitions. It does not appear that Congress will take up the Safe and Fair Enforcement (SAFE) Banking Act that would permit banks to do business with plant-touching cannabis companies. Because cannabis remains federally illegal, traditional financial institutions will not facilitate cannabis-related transactions and the

industry's access to capital is restricted. In California, some State legislators are considering investigations into corruption in the state’s cannabis industry, legislative hearings on the exploitation of farmworkers and new laws to curb labor trafficking in response to revelations of some abuses and worker deaths. California cannabis cultivation capacity is down significantly from early 2022, with some growers choosing not to plant or renew their licenses because of low wholesale prices and tough economic conditions.

These factors have contributed to the <35%> year-to-date reduction in 4212 - Cannabis Sales Taxes.
▪ 1.2) the decrease in Sales Tax Revenue by 8.65%. There was a decrease in customer transactions resulting in less sales taxes collected than the same period in 2021.

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 1.32% lower than the same prior fiscal year period. The City's 4311 - Apartment Licenses are nearly 100% lower and 4205 - Business License Taxes are nearly 89% lower than the same period. While the City is monitoring 4205 - Business License Tax and 4311 - Apartment Licenses. The staff is assessing whether this is just a delayed reporting on the part of the Contractor .

3. Charges for Services Revenues. These revenues were 17.49% below 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 decrease in 4701 - Waste Management Assessment revenues by 92.15% less 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. 4404 - Southeast Municipal Court (SEMC) - Court Collections for the Department of Motor Vehicles (DMV) violations were nearly

5. Leases and Concessions Revenues. These revenues are derived from rent or lease or payment for the use of the City's property. These revenues were 7.54% 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 217% higher than the same period during the prior Fiscal Year primarily due to 4803 - Interest Income being conservatively estimated for the FY 2022- 2023 revenue budget; such income also includes those related to special revenues.

7. Retiree Pension Levy Revenues. These revenues are part of 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 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:

There is no fiscal impact with this action.

ATTACHMENT(S)

1. July 2022 - February 2023 - City of Maywood FY2022-2023

FUND / REVENUE TYPE A - Prior Fiscal Year to
Date Revenue
B - Current Fiscal
Year to Date Revenue
C - Current YTD
versus Prior YTD $
Difference
D - Current YTD Prior
YTD % Difference
E - Adopted Budget FY
2022-23
F - % of FY 2022-2023
YTD Revenue
Received
(B minus A) (B divided by A minus 1) (B divided by F)
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 $172,673.39 $196,283.80 $23,610.41 13.67% $358,952.00 54.68% Property Taxes $336,787.26 $374,448.90 $37,661.64 11.18% $714,301.00 52.42% 4211 - Utility Users Tax $685,623.13 $833,929.84 $148,306.71 21.63% $1,102,415.00 75.65% 4206 - Real Estate Transfer Tax $11,973.50 $13,262.45 $1,288.95 10.77% $28,465.00 46.59% 4202 - Hotel / Motel Room Transient
Occupancy Tax (TOT) $53,327.79 $55,503.77 $2,175.98 4.08% $68,097.00 81.51% 4212 - Cannabis Sales Tax $1,344,164.71 $874,681.19 ($469,483.52) -34.93% $1,980,241.00 44.17% 4201 - Sales and Use Tax Revenue $1,387,738.08 $1,267,646.30 ($120,091.78) -8.65% $2,200,048.00 57.62% Taxes Totals $3,992,287.86 $3,615,756.25 ($376,531.61) -9.43% $6,452,519.00 56.04% 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 Licenses & Permits: and PERMITS are types of fees allowing for the operation within the City. 4301 - Compliance Program Fee $0.00 $0.00 $0.00 0.00% $0.00 0.00% Residential & Building Permits $12,171.12 $13,432.20 $1,261.08 10.36% $13,261.00 101.29% 4305 - Public Works Permit Fees $101,828.00 $160,117.50 $58,289.50 57.24% $160,000.00 100.07% Other Fees & Permits $20,084.74 $11,413.48 ($8,671.26) -43.17% $26,246.00 43.49% 4320 - Occupancy Permits $11,290.90 $2,958.60 ($8,332.30) -73.80% $15,000.00 19.72% 4313 - Building Permits $50,566.55 $63,373.57 $12,807.02 25.33% $72,000.00 88.02% Compliance and Review Fees - Cannabis $0.00 $0.00 $0.00 0.00% $80,000.00 0.00% 4307 - Commercial Cannabis Renewal Fees $0.00 $14,850.00 $14,850.00 0.00% $0.00 0.00% 4322 - Parking Permits $49,678.90 $47,827.00 ($1,851.90) -3.73% $60,000.00 79.71% 4311 - Apartment License $15,091.97 $1,588.00 ($13,503.97) -89.48% $2,500.00 63.52% 4205 - Business License Tax $190,592.58 $53,394.69 ($137,197.89) -71.98% $250,324.00 21.33% 4107 - Motor Vehicle License Fee (VLF) in lieu
Property Tax Payment $1,626,683.69 $1,681,555.00 $54,871.31 3.37% $3,300,000.00 50.96% Licenses and Permits Totals $2,077,988.45 $2,050,510.04 ($27,478.41) -1.32% $3,979,331.00 51.53%

GENERAL FUND CHARGES FOR SERVICES: Charges to cover administrative costs for the provision of services. Charges for Services:
4701 - Waste Management Assessment $4,692.14 $368.22 ($4,323.92) -92.15% $7,000.00 5.26% 4704 - Plan Check Fees $40,943.42 $34,511.69 ($6,431.73) -15.71% $70,000.00 49.30% 4702 - Rents & Concessions $15,876.00 $15,876.00 $0.00 0.00% $26,000.00 61.06% Charges for Services Totals $61,511.56 $50,755.91 ($10,755.65) -17.49% $103,000.00 49.28% 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.
4401 - Penalties: Apt & Bus License $728.10 $4,878.89 $4,150.79 570.09% $0.00 0.00% 4404 - Southeast Municipal Court (SEMC) -
Court Collections $54,942.30 $94,877.25 $39,934.95 72.69% $0.00 0.00% 4403 - Citations: Administrative $2,300.00 $4,100.00 $1,800.00 78.26% $85,000.00 4.82% 4402 - Citations: Parking $204,121.66 $183,343.32 ($20,778.34) -10.18% $410,000.00 44.72% Fines and Forfeitures Totals $262,092.06 $287,199.46 $25,107.40 9.58% $495,000.00 58.02% GENERAL FUND LEASES AND CONCESSIONS: A rent or lease or payment for the use of a the City's property. Leases and Concessions:
4501 - Leased Property Rental Income $29,684.68 $34,080.08 $4,395.40 14.81% $50,000.00 68.16% Leases and Concessions Totals $29,684.68 $34,080.08 $4,395.40 14.81% $50,000.00 68.16% GENERAL FUND MISCELLANEOUS: A General Fund revenue not covered in another revenue category. Miscellaneous:
4817 - Good Corporate Citizen Program $0.00 $0.00 $0.00 0.00% $0.00 0.00% 4803 - Interest Income $7,213.43 $94,331.94 $87,118.51 1207.73% $0.00 0.00% 4809 - Miscellaneous Revenue $32,161.23 $30,482.14 ($1,679.09) -5.22% $33,500.00 90.99% 4605 - CARES Act Reimbursement $0.00 $0.00 $0.00 0.00% $0.00 0.00% 4804 -Other (Recycle + ABx1 Reimbursement) $0.00 $0.00 $0.00 0.00% $1,200.00 0.00% Miscellaneous Revenue Totals $39,374.66 $124,814.08 $85,439.42 216.99% $34,700.00 359.69% 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). 4830 - Retiree Pension Levy $549,192.22 $595,890.26 $46,698.04 8.50% $1,208,812.00 49.30% Retiree Pension Levy Totals $549,192.22 $595,890.26 $46,698.04 8.50% $1,208,812.00 49.30% General Fund Revenue Totals $7,012,131.49 $6,759,006.08 ($253,125.41) -3.61% $12,323,362.00 54.85% FUND / REVENUE TYPE A - Prior Fiscal Year to
Date Revenue
B - Current Fiscal
Year to Date Revenue
C - Current YTD
versus Prior YTD $
Difference
D - Current YTD Prior
YTD % Difference
E - Adopted Budget FY
2022-23
F - % of FY 2022-2023
YTD Revenue
Received
(B minus A) (B divided by A minus 1) (B divided by F)

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. 212 - Gas Tax - 2103, 2105, 2107, 2106,
2107.5 Fund $399,982.99 $343,205.53 ($56,777.46) -14.19% $625,200.00 54.90% 214 - Transportation Development Act (TDA)
Bikeway $0.00 $0.00 $0.00 0.00% $192,000.00 0.00%
221 - Proposition A Transit Fund $473,519.18 $500,377.49 $26,858.31 5.67% $651,000.00 76.86% 222 - Proposition C Transit Fund $393,247.63 $418,101.45 $24,853.82 6.32% $750,000.00 55.75% 224 - Measure R Transit Fund $294,582.01 $385,952.99 $91,370.98 31.02% $1,184,960.00 32.57% 225 - Measure M Transit Fund $333,154.33 $352,021.58 $18,867.25 5.66% $1,250,000.00 28.16% 216 - SB-1 Road Maintenance Rehabilitation
Act Fund $277,488.12 $278,468.02 $979.90 0.35% $528,284.00 52.71% 243 - Community Development Block Grant
(CDBG) $138,289.00 $219,675.00 $81,386.00 58.85% $391,053.00 56.18% 223 - Air Quality Management District (AQMD)
Fund $9,091.68 $8,329.30 ($762.38) -8.39% $36,375.00 22.90% 232 - Supplemental Law Enforcement Services
Fund (SLESF) Grant $161,284.85 $165,271.25 $3,986.40 2.47% $155,000.00 106.63% 272 - Measure A Parks Fund $0.00 $0.00 $0.00 0.00% $651,000.00 0.00% 251 - Street Lighting Fund $101,050.97 $101,355.36 $304.39 0.30% $308,000.00 32.91% 611 - Redevelopment "Successor" Agency
Fund $311,222.00 $299,207.00 ($12,015.00) -3.86% $0.00 0.00% 412 - Sewer Enterprise Fund $163,050.54 $168,698.18 $5,647.64 3.46% $301,614.00 55.93% 261 - Federal / State / County Grants $50,000.00 $0.00 ($50,000.00) 0.00% $0.00 0.00% 273 - Local Fiscal Recovery Fund $3,226,257.00 $3,226,257.00 $0.00 0.00% $0.00 0.00% 280 - Measure W Safe Clean Water Program
Fund $0.00 $177,031.59 $177,031.59 0.00% $171,818.00 103.03% Special Revenue Totals $6,332,220.30 $6,643,951.74 $311,731.44 4.92% $7,196,304.00 92.32% Total Revenues $13,344,351.79 $13,402,957.82 $58,606.03 0.44% $19,519,666.00 68.66% FUND / REVENUE TYPE A - Prior Fiscal Year to
Date Revenue
B - Current Fiscal
Year to Date Revenue
C - Current YTD
versus Prior YTD $
Difference
D - Current YTD Prior
YTD % Difference
E - Adopted Budget FY
2022-23
F - % of FY 2022-2023
YTD Revenue
Received
(B minus A) (B divided by A minus 1) (B divided by F)

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 10.

DATE: March 22, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: MIGUEL LEON, ADMINISTRATIVE ANALYST
SUBJECT: CONSIDERATION OF RESOLUTION NO. 6289 OPPOSING INITIATIVE 21-0042A1 -

TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 6289 opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act.

BACKGROUND:

The Taxpayer Protection and Government Accountability Act would amend the California Constitution with provisions that limit voters’ authority and input, adopt new and stricter rules for raising taxes and fees, and may make it more difficult to impose fines and penalties for violation of state and local laws. Attachment A provides the full text of the ballot initiative, Attachment B provides a summary of the initiative, and Attachment C presents information on the fees of the initiative.

The measure puts billions of local government tax and fee revenues at risk statewide with related core public service impacts. The measure would have significant negative impacts on City of Maywood's operations and core service delivery.

Major Provisions
Fees and Charges:
• Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence.
• Requires fees and charges paid for the use of local and state government property and the amount paid to purchase or rent government property to be “reasonable.” These fees and charges are currently allowed to be market-based. Whether the amount is “reasonable” (introducing a new legal standard aiming to force below market fee and charge amounts) must be proved by “clear and convincing evidence.” The standard may significantly reduce the amount large companies (e.g., oil, utilities, gas, railroads, garbage/refuse, cable, and other corporations) will pay for the use of local public property. • Prohibits fees on new development based on vehicle miles traveled.

Taxes:

• Taxes and fees adopted after Jan. 1, 2022, that do not comply with the new rules are void unless reenacted.
• Invalidates Upland decision that allows a majority of local voters to pass special taxes. The measure specifies that taxes proposed by the initiative are subject to the same rules as taxes placed on the ballot by a city council.
• Expressly prohibits local advisory measures which allow local voters to express a preference for how local general tax dollars should be spent.
• Requires voter approval to expand existing taxes (e.g., Utility, Transient Occupancy) to new territory (e.g., annexations) or to expand the tax base (e.g., new utility service) • New taxes can only be imposed for a specific time period. • City charters may not be amended to include a tax or fee. • All state taxes require majority voter approval.

DISCUSSION:

On Jan. 4, 2022, the California Business Roundtable filed the “Taxpayer Protection and Government Accountability Act” or AG# 21-0042A1. On Feb. 1, 2023, the measure qualified for the November 2024 ballot.

The League of California Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly opposes this initiative. Local government revenueraising authority is currently substantially restricted by state statute and constitutional provisions, including the voter-approved provisions of Proposition 13 of 1978, Proposition 218 of 1996, and Proposition 26 of 2010. The Taxpayer Protection and Government Accountability Act adds and expands restrictions on voters and local government tax and fee authority.

Fees and Taxes
Local governments levy a variety of fees and other charges to provide core public services.

Major examples of affected fees and charges are:
• Nuisance abatement charges, such as for weed, rubbish, and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs. • Commercial franchise fees.
• Emergency response fees, such as in connection with DUI. • Advanced Life Support (ALS) transport charges.
• Document processing and duplication fees.
• Transit fees, tolls, parking fees, and public airport and harbor use fees. • Facility use charges, fees for parks and recreation services, garbage disposal tipping fees.

Reductions in local government tax revenues have impacts on core services and infrastructure, including fire and emergency response, law enforcement, streets and roads, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention, and mental health services.

Fines and Penalties
Under existing law, cities are required to provide due process before imposing a penalty or fine for violation of its municipal code:

1. A local agency must adopt administrative procedures that govern imposing fines and penalties, including providing a reasonable period of time for a person responsible for a continuing violation to correct or remedy the violation [Gov't Code 53069.4].

2. Notice must be given to the violating party before imposing the penalty; and give the party an opportunity to be heard and present any facts or arguments [Merco Construction Engineers v. Los Angeles Unified School District (1969) 274 CA 2d 154, 166].

3. The fine may not be "excessive" [U.S. Constitution amendments VIII and XIV].

The initiative converts administratively imposed fines and penalties into taxes unless a new, undefined, and ambiguous “adjudicatory due process” is followed. This provision may put at risk the authority to impose fines and penalties for violations of state and local law.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

There is no fiscal impact associated with the adoption of the proposed resolution opposing Initiative 21-0042A1 - Taxpayer Protection and Government Accountability Act. However, it is important to note that the Taxpayer Protection and Government Accountability Act if passed would take billions of dollars away from local government services statewide and has the potential to affect essential local and state services.

ATTACHMENT(S)

1. Initiative No. 21-0042A

2. Initiative Summary

3. Initiative No. 21-0042A1 - Fiscal Impacts

4. Letter of Opposition - City of Maywood

AGENDA ITEM No.

10. RESOLUTION NO. 6289

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITY OF MAYWOOD, CALIFORNIA, OPPOSING INITIATIVE 21-0042A1 -

TAXPAYER PROTECTION AND GOVERNMENT

ACCOUNTABILITY ACT
WHEREAS, an association representing California’s wealthiest corporations and developers is spending millions to push a deceptive proposition aimed for the November 2024 statewide ballot; and WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure and our environment; and WHEREAS, the measure may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and WHEREAS, the measure puts billions of dollars currently dedicated to local services at risk and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and

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

SECTION 1. The City of Maywood opposes Initiative 21-0042A1 SECTION 2. The City of Maywood will join the No on Initiative 21-0042A1 coalition, a growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state.

SECTION 3. We direct staff to email a copy of this adopted resolution to the League of California Cities at [email protected].

SECTION 4. The City Clerk shall certify to the adoption of the resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED THIS 22ND day of March 2023. ____________________________________
Frank Garcia,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. 6289 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 22nd day of March 2023 by the following roll call vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________________
Andrea Aguilar, City Clerk

BELL, McANDREWS & HILTACHK, LLP
Anabel Renteria
Initiative Coordinator
ATTORNEYS AND COUNSEL-ORS AT I.AW
455 C APITO L MALL, S UITE 600
SACRAMENTO, CALIFOE=INIA 95014
(916) 44;a-7757
FAX [916) 44-;a-77 59
www.bmhlaw.com
January 4, 2022
2 1 - 0 0 4 2

RECEIVED
JAN O 4 2022
Office of the Attorney General
State of California

INITIATIVE COORDINATOR

ATTORNEY GENERAL'S OFFICE
PO Box 994255
Sacramento, CA 94244-25550
Re: Initiative 21-0042 - Amendment Number One
Dear Initiative Coordinator:

Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find Amendment #1 to Initiative No. 21-0042 "The Taxpayer Protection and Government Accountability Act." The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed.

I am the proponent of the measure and request that the Attorney General prepare a circulating title and summary of the measure as provided by law, using the amended language.

Thank you for your time and attention processing my request.

Sincerely,
Thomas W.
~ Hiltachk

2 1 - 0 0 4 2 Arndt. # /
The Taxpayer Protection and Government Accountability Act [Deleted codified text is denoted in strikeout. Added codified text is denoted by italics and underline.] Section 1. Title
This Act shall be known, and may be cited as, the Taxpayer Protection and Government Accountability Act.

Section 2. Findings and Declarations
(a) Californians are overtaxed. We pay the nation's highest state income tax, sales tax, and gasoline tax. According to the U.S. Census Bureau, California's combined state and local tax burden is the highest in the nation. Despite this, and despite two consecutive years of obscene revenue surpluses, state politicians in 2021 alone introduced legislation to raise more than $234 billion in new and higher taxes and fees.
(b) Taxes are only part of the reason for California's rising cost-of-living crisis. Californians pay billions more in hidden "fees" passed through to consumers in the price they pay for products, services, food, fuel, utilities and housing. Since 2010, government revenue from state and local "fees" has more than doubled.
(c) California's high cost of living not only contributes to the state's skyrocketing rates of poverty and homelessness, they are the pushing working families and job-providing businesses out of the state. The most recent Census showed that California's population dropped for the first time in history, costing us a seat in Congress. In the past four years, nearly 300 major corporations relocated to other states, not counting thousands more small businesses that were forced to move, sell or close. (d) California voters have tried repeatedly, at great expense, to assert control over whether and how taxes and fees are raised. We have enacted a series of measures to make taxes more predictable, to limit what passes as a "fee," to require voter approval, and to guarantee transparency and accountability. These measures include Proposition 13 (1978), Proposition 62 (1986), Proposition 218 (1996), and Proposition 26 (2010).
(e) Contrary to the voters' intent, these measures that were designed to control taxes, spending and accountability, have been weakened and hamstrung by the Legislature, government lawyers, and the courts, making it necessary to pass yet another initiative to close loopholes and reverse hostile court decisions.

Section 3. Statement of Purpose
(a) In enacting this measure, the voters reassert their right to a voice and a vote on new and higher taxes by requiring any new or higher tax to be put before voters for approval. Voters also intend that all fees and other charges are passed or rejected by the voters themselves or a governing body elected by voters and not unelected and unaccountable bureaucrats.
(b) Furthermore, the purpose and intent of the voters in enacting this measure is to increase transparency and accountability over higher taxes and charges by requiring any tax measure placed on the ballot1

either at the state or local level-to clearly state the type and rate of any tax, how long it will be in effect, and the use of the revenue generated by the tax.
(c) Furthermore, the purpose and intent of the voters in enacting this measure is to clarify that any new or increased form of state government revenue, by any name or manner of extraction paid directly or indirectly by Californians, shall be authorized only by a vote of the Legislature and signature of the Governor to ensure that the purposes for such charges are broadly supported and transparently debated. (d) Furthermore, the purpose and intent of the voters in enacting this measure is also to ensure that taxpayers have the right and ability to effectively balance new or increased taxes and other charges with the rapidly increasing costs Californians are already paying for housing, food, childcare, gasoline, energy, healthcare, education, and other basic costs of living, and to further protect the existing constitutional limit on property taxes and ensure that the revenue from such taxes remains local, without changing or superseding existing constitutional provisions contained in Section 1{c) of Article XIII A. (e) In enacting this measure, the voters also additionally intend to reverse loopholes in the legislative twothirds vote and voter approval requirements for government revenue increases created by the courts including, but not limited to, Cannabis Coalition v. City of Upland, Chamber of Commerce v. Air Resources Board, Schmeer v. Los Angeles County, Johnson v. County of Mendocino, Citizens Assn. of Sunset Beach v.

Orange County Local Agency Formation Commission, and Wilde v. City of Dunsmuir.

Section 4. Section 3 of Article XIII A of the California Constitution is amended to read:

Sec. 3(a} Every levy, charge. or exaction of any kind imposed by state law is either a tax or an exempt charge.
illlJ1l ~ Any change in state statute Jaw which results in any taxpayer paying a new or higher tax must be imposed by an act passed by not less than two-thirds of all members elected to each of the two houses of the Legislature, and submitted to the electorate and approved by a maiority vote, except that no new ad valorem taxes on real property, or sales or transaction taxes on the sales of real property, may be imposed. Each Act shall include:
(A) A specific duration of time that the tax will be imposed and an estimate of the annual amount expected to be derived from the tax.
(BJ A specific and legally binding and enforceable limitation on how the revenue from the tax can be spent.

If the revenue from the tax can be spent for unrestricted general revenue purposes. then a statement that the tax revenue can be spent for "unrestricted general revenue purposes" shall be included in a separate, stand-alone section. Any proposed change to the use of the revenue from the tax shall be adopted by a separate act that is passed by not less than two-thirds of all members elected to each of the two houses of the Legislature and submitted to the electorate and approved by a maiority vote. (2) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, including a measure proposed by an elector pursuant to Article II, include:
{A) The type and amount or rate of the tax;
(BJ The duration of the tax: and
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(CJ The use of the revenue derived from the tax.
(c} Any change in state law which results in any taxpayer paying a new or higher exempt charge must be imposed by an act passed by each of the two houses of the Legislature. Each act shall specify the type of exempt charge as provided in subdivision (e ), and the amount or rate of the exempt charge to be imposed.

Ml._fbt As used in this section and in Section 9 of Article II, "tax" means every aA1f levy, charge, or exaction of any kind imposed by the State state law that is not an exempt charge. e1<eept the follo•Ning:
(e) As used in this section. "exempt charge" means only the following:
(1) a el:iarge imposes fer a s1=1eeifie eenefit eonferreEl or pri'+'ilege granteEl aireetly to tl:ie 13ayor tl:iat is not 1=1ro>viaeEl to tl:iose not et:iargeEI, anEI whiel:i aoes not e1<ceeEl tl:ie reasonal3Ie costs to tl:ie State of eonferring the benefit or granting the pri¥ilege to the 1=1a¥OF.
ill {-2+ A reasonable charge irnposeEl for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the rnasonable actual costs to the State of providing the service or product to the payor. f.11 ~ A charge in,poseEl for the reasonable regulatory costs to the State incident to issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. (3) A levy, charge. or exaction collected from local units of government. health care providers or health care service plans that is primarily used by the State of California for the purposes of increasing reimbursement rates or payments under the Medi-Cal program, and the revenues of which are primarily used to finance the non-federal portion of Medi-Cal medical assistance expenditures. (4) A reasonable charge iR'l13oseEl for entrance to or use of state property, or the purchase. rental, or lease of state property, except charges governed by Section 15 of Article XI. (5} A fine, or penalty, or other monetary el:large including any applicable interest for nonpayment thereot imposed by the judicial branch of government or the State, as a result of a state administrative enforcement agency pursuant to adiudicatorv due process, to punish a violation of law. (6} A levy, charge, assessment, or exaction collected for the promotion of California tourism pursuant to Chapter 1 (commencing with Section 13995) of Part 4.7 of Division 3 of Title 2 of the Government Code. flL~Any tax or exempt charge adopted after January 1, 2022 ~, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted B'l the begislatuFe anel signea into law ey tl:ie <iio¥ernoF in compliance with the requirements of this section. [gl[.JlJG:} The State bears the burden of proving by a preponEleranee oftl:le clear and convincing evidence that a levy, charge, or other exaction is an exempt charge and not a tax. The State bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. ,tR-a-t tl:ie amouRt is RO n,ore tl:ian neeessary to cover the reasonable costs of the go•.•emn,ental actii,•i:t>,• ane 3

that the manner in •Nhiel.:i these cests are allecated ts a pa·1er bear a fair er reasenable relatienshi13 ts the 13a·1or's b1:1relens on, or benefits reeei11eel from, the go•.ieFRmental actit.iit'( (2) The retention ofrevenue by, or the payment to. a non-governmental entity ofa levv. charge, or exaction of any kind imposed by state law, shall not be a factor in determining whether the levy. charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy, charge, or exaction of any kind as being voluntary, or paid in exchange for a benefit, privilege, allowance, authorization, or asset, shall not be a factor in determining whether the levy, charge, or exaction is a tax or an exempt charge. /4} The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge. (h) As used in this section:
(1) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor, and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes, other exempt charges, grants, and state or federal funds received to provide such service or product.
(2) "Extend" includes, but is not limited to, doing any of the following with respect to a tax or exempt charge: lengthening its duration. delaying or eliminating its expiration, expanding its application to a new territory or class ofpayor, or expanding the base to which its rate is applied. (3) "Impose" means adopt, enact, reenact, create, establish, collect, increase or extend. (4) "State law" includes, but is not limited to. any state statute, state regulation, state executive order. state resolution, state ruling, state opinion Jetter, or other legal authority or interpretation adopted, enacted. enforced, issued, or implemented by the legislative or executive branches of state government. "State law" does not include actions taken by the Regents of the University of California, Trustees of the California State University, or the Board of Governors of the California Community Colleges.

Section 5. Section 1 of Article XIII C of the California Constitution is amended, to read:

Sec. 1. Definitions. As used in this article:
{a) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor. and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes. other exempt charges, grants, and state or federal funds received to provide such service or product.
(b) "Extend" includes, but is not limited to. doing any of the following with respect to a tax. exempt charge, or Article XIII D assessment. fee, or charge: lengthening its duration, delaying or eliminating its expiration. expanding its application to a new territory or class of payor, or expanding the base to which its rate is applied.
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.lfl..W 11General tax" means any tax imposed for general governmental purposes. (d} "Impose" means adopt, enact, reenact, create, establish, collect, increase, or extend. {clJb} "Local government" means any county, city, city and county, including a charter city or county, any special district, or any other local or regional governmental entity, or an elector pursuant to Article fl or the initiative power provided by a charter or statute.
(f) "Local law" includes. but is not limited to, any ordinance, resolution, regulation. ruling, opinion letter, or other legal authority or interpretation adopted, enacted, enforced, issued, or implemented by a local government.
{gl_{t} "Special district" means an agency of the State, formed pursuant to general law or a special act, for the local performance of governmental or proprietary functions with limited geographic boundaries including, but not limited to, school districts and redevelopment agencies. f11L{d} "Special tax" means any tax imposed for specific purposes, including a tax imposed for specific purposes, which is placed into a general fund.
111 i@} As used in this article, and in Section 9 of Article II, "tax" means every aRV-levy, charge, or exaction of any kind, imposed by a local go,;ernmeRt law that is not an exempt charge., exeept tl=le fellowiRg:
(i) As used in this section, "exempt charge" means only the following:
(1) A cl=large imposeel fer a speeifie beAefit eoAferreel or pri,;ilege graAteel eliFeetl')' to tl=le pa1,ior tl=lat is Rot pre1,•ieleel to these Rot ehargea, aA£l which £lees Rot exeeeel tl=le reaseAable costs to tl=le loeal gm,·ernFAeAt of conferriAg the beAefit or graAting tl:1e pri¥ilege.
ill R} A reasonable charge imposes for a specific local government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasoAable actual costs to the local government of providing the service or product. fl1 WA charge im13ose£l for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof.

W {4t A reasonable charge imposeel for entrance to or use of local government property, or the purchase, rental, or lease of local government property.

Ml. fSt A fine, or penalty, or other FAOA@tar,· eharge including any applicable interest for nonpayment thereat imposed by the judicial branch of government or a local government administrative enforcement agency pursuant to adiudicatorv due process, as a res1,1lt of to punish a violation of law. ill -f6t A charge imposed as a condition of property development. No levv, charge, or exaction regulating or related to vehicle miles traveled may be imposed as a condition of property development or occupancy. f.i1 f7t An AssessFAeRts a Rel property relate el fees assessment. fee. or charge imJ;1oseel iA aeeoraanee witl=l the pro¥isio A5 of subject to Article XI 11 D, or an assessment imposed upon a business in a tourism marketing district, a parking and business improvement area, or a property and business improvement district. 5

(7) A charge imposed for a specific health care service provided directly to the payor and that is not provided to those not charged. and which does not exceed the reasonable costs to the local government of providing the health care service. As used in this paragraph, a "health care service" means a service licensed or exempt from licensure by the state pursuant to Chapters 1. 1.3, or 2 of Division 2 of the Health and Safety Code.

The local government bears the b1:1rden of proving by a preponderance of the e .. ·ielence that a lew, charge, or other exaction is not a ta1<, that the amo1:1nt is no more than necessaPJ' to cover the reasonable costs of the go•,ernfflental acti•.«ity anel that tJ:ie manner in which those costs are allocateel to a pa•ror bear a fair or reasonable relationship to the pa•ror's blslrdens on, or bene:fits receiveel from, the go1a1ernmental acfa•ity.

Section 6. Section 2 of Article XIII C of the California Constitution is amended to read:

Sec. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution:
(a) Every levy. charge. or exaction of any kind imposed by local law is either a tax or an exempt charge. All taxes imposed by any local government shall be deemed to be either general taxes or special taxes. Special purpose districts or agencies, including school districts, shall have no power to levy general taxes. (b) No local Jaw go,.·ernment whether proposed by the governing body or by an elector, may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. A general tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body. (c) An•r general tax imposed, el<tended, or increaseel, •.-.iitho1:1t •.·oter approval, lay any local go,.·ernment on or after Janlslary 1, 1995, ana prior ta the effecti,.·e date of this article, shall contin1:1e to be imposed only if appro,.·ea b1• a majority vote of the voters voting in an election OR the issye of the in:iposition, whicl::i election sl::iall be l::ield witl::iin t•Ne 1•ears ef the effectii.ie date of this article and in com13liance with slslbdi\·isien (b}. {El) No local law government. whether proposed by the governing body or by an elector. may impose, eMteRd, er increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote. A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. {d) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, include:
(1) The type and amount or rate of the tax;
(2) the duration of the tax; and
(3) The use of the revenue derived from the tax. If the proposed tax is a general tax. the phrase "for general government use" shall be required, and no advisory measure may appear on the same ballot that would indicate that the revenue from the general tax will. could. or should be used for a specific purpose. (e) Only the governing body of a local government. other than an elector pursuant to Article II or the initiative power provided by a charter or statute. shall have the authority to impose any exempt charge.

The governing body shall impose an exempt charge by an ordinance specifying the type of exempt charge 6

as provided in Section l(i) and the amount or rate of the exempt charge to be imposed. and passed by the governing body. This subdivision shall not apply to charges specified in paragraph (7) of subdivision (i) of Section 1.
ff) No amendment to a Charter which provides for the imposition, extension, or increase of a tax or exempt charge shall be submitted to or approved by the electors. nor shall any such amendment to a Charter hereafter submitted to or approved by the electors become effective for any purpose. (q) Any tax or exempt charge adopted after January 1, 2022, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted in compliance with the requirements of this section.
{h)(1) The focal government bears the burden of proving by clear and convincing evidence that a levy, charge or exaction is an exempt charge and not a tax. The local government bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. (2} The retention of revenue by, or the payment to, a non-governmental entity of a levy. charge, or exaction of any kind imposed by a local law, shall not be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy. charge. or exaction of any kind imposed by a local law as being paid in exchange for a benefit. privilege, allowance, authorization, or asset, shall not be factors in determining whether the levy, charge, or exaction is a tax or an exempt charge. (4) The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.

Section 7. Section 3 of Article XIII D of the California Constitution is amended, to read:

Sec. 3. Property Taxes, Assessments, Fees and Charges Limited (a) No tax, assessment, fee, 6f charge, or surcharge, including a surcharge based on the value ofpropertv, shall be assessed 13y a Ry ageRC'f upon any parcel of property or upon any person as an incident of property ownership except:
(1) The ad valorem property tax impeseEI p1::1rsYaRt te described in Section 1(a) of Article XIII and Section 1/a) of Article XIII A, and described and enacted pursuant to the voter approval requirement in Section 1/b) Q[Article XII I A.
(2) Any special non-ad valorem tax receiving a two-thirds vote of qualified electors pursuant to Section 4 of Article XIII A, or after receiving a two-thirds vote of those authorized to vote in a community facilities district by the Legislature pursuant to statute as it existed on December 31, 2021. (3) Assessments as provided by this article.
(4) Fees or charges for property related services as provided by this article. 7