City of Maywood
Check/Voucher Register - Warrant Register LM
From 6/1/2023 Through 6/30/2023
090926 P 6/1/2023 L.B. Johnson Hardware #1 $107.26 Faucet/ shut off valves/antifreeze/windshield wiper fluid General Fund 100 090926 P 6/1/2023 L.B. Johnson Hardware #1 $43.77 Parts for the faucet in women's restroom General Fund 100
090926 P 6/1/2023 L.B. Johnson Hardware #1 $26.27 Rubber Gloves General Fund 100 090926 P 6/1/2023 L.B. Johnson Hardware #1 $15.32 Spackle for holes in PW office General Fund 100 090926 P 6/1/2023 L.B. Johnson Hardware #1 $65.69 Asphalt for pothole on 55th St and Atlantic Blvd
Gas Tax - 2103, 2105,
2107, 2106, 2107.5 Fund 212
090926 P 6/1/2023 L.B. Johnson Hardware #1 $8.75 Grey spray paint can to cover marks on sidewalk
Gas Tax - 2103, 2105,
2107, 2106, 2107.5 Fund 212
090927 P 6/1/2023 LACMTA FILE #54924-0 $1,568.00 Metro TAP Cards April 2023 Proposition C Transit Fund 222
090928 P 6/1/2023 LGP Equipment Rentals $333.39
Cement for sidewalk
replacement at 4315 56th
street
Gas Tax - 2103, 2105,
2107, 2106, 2107.5 Fund 212
090929 P 6/1/2023 Mary Mariscal $50.00 June 2023 Treasurer StipendMary Mariscal General Fund 100 090930 P 6/1/2023 Municipal Management Association of
Southern California $105.00 MMASC Membership General Fund 100 090931 P 6/1/2023 Nationwide Environmental Services $7,537.00 Street Sweeping Services for May 2023
Measure W Safe Clean
Water Program Fund 280
090932 P 6/1/2023 North Star Landcare $5,755.75 Landscape Services for the City of Maywood May 2023 General Fund 100
090932 P 6/1/2023 North Star Landcare $4,075.50 Landscape Services for the City of Maywood May 2023
Gas Tax - 2103, 2105,
2107, 2106, 2107.5 Fund 212
090932 P 6/1/2023 North Star Landcare $4,480.00 Weed Abatement for Slauson Ave and for Atlantic Blvd
Gas Tax - 2103, 2105,
2107, 2106, 2107.5 Fund 212
090933 P 6/1/2023 Perez Plumbing $1,780.00 Clear line and rebuild toilets at Riverfront Park restrooms General Fund 100
090933 P 6/1/2023 Perez Plumbing $850.00 Sewage leak at Sheriff Station General Fund 100 090933 P 6/1/2023 Perez Plumbing $1,750.00 Unclog urinal and rebuild 3 toilets at restroom by LA River General Fund 100
090934 P 6/1/2023 Phoenix Group Information Systems $6,504.08 April 2023 Citation Processing Fee General Fund 100
090934 P 6/1/2023 Phoenix Group Information Systems $2,403.35 April 2023 Permit Processing Fee General Fund 100
090935 P 6/1/2023 Los Angeles County Department of
Public Health $1,020.00 Public Health Permit / LicenseFiscal 2023-2024 General Fund 100 090936 P 6/1/2023 QDoxs $41.61 Contract Base Rate charge for EQ22032 5/2/23-6/4/23 General Fund 100
Check No. Prepaids - P Date Name Check Amount Transaction Description Fund Title
City of Maywood
Check/Voucher Register - Warrant Register LM
From 6/1/2023 Through 6/30/2023
090937 P 6/1/2023 Roadline Products Inc. $390.88 Crosswalk Stencil for painting in the street
Gas Tax - 2103, 2105,
2107, 2106, 2107.5 Fund 212
090938 P 6/1/2023 Robert Leach $1,005.00
Retiree Medical
Reimbursement Robert Leach
June 2023
General Fund 100
090939 P 6/1/2023 Ronald Lindsey $1,261.61
Retiree Medical
Reimbursement Ronald
Lindsey June 2023
General Fund 100
090940 P 6/1/2023 Richards Watson & Gershon $3,629.00 Legal and Professional Services- April 2023 General Fund 100
090940 P 6/1/2023 Richards Watson & Gershon $414.40 Professional Services - March 2023 General Fund 100
090940 P 6/1/2023 Richards Watson & Gershon $5,919.48 Professional Services- for April 2023 General Fund 100
090940 P 6/1/2023 Richards Watson & Gershon $9,975.60 Professional Services-April 2023 General Fund 100
090940 P 6/1/2023 Richards Watson & Gershon $361.40 Professional Services-April 2023 General Fund 100
090941 P 6/1/2023 Scott C. Anderson $1,358.28
Retiree Medical
Reimbursement Scott
Anderson June 2023
General Fund 100
090942 P 6/1/2023 SHERIFF'S DEPT COUNTY OF LOS
ANGELES $435,203.01 Public Safety Service- April2023 General Fund 100 090943 P 6/1/2023 Southern California Edison $167.59
700608908147 5916 King
Ave/5913 Mayflower Avenue -
4/7/23-5/7/23
Gas Tax - 2103, 2105,
2107, 2106, 2107.5 Fund 212
090944 P 6/1/2023 Sprint $446.70 Cell Phone Services from 4/24/23-5/23/23 General Fund 100
090945 P 6/1/2023 Team Outfitters $683.55 Computer Science Fair 2023 (MaCES Magnet) - T-shirts General Fund 100
090946 P 6/1/2023 The Gas Company $33.74 4317 Slauson Ave. 04/07/23- 05/08/23 General Fund 100
090946 P 6/1/2023 The Gas Company $31.53 4319 Slauson Ave. City Hall - 04/07/23-05/08/23 General Fund 100
090946 P 6/1/2023 The Gas Company $52.85 Library 4319 Slauson Ave. 04/07/23-05/08/23 General Fund 100
090947 P 6/1/2023 U.S. Bank Corporate Payment System $5,845.00 Acct.5074 and 4057 Cred Crd5/15/23 Credit Card
transactions
General Fund 100
090948 P 6/1/2023 ULINE INC. $270.84 Supplies Dog Waste Bags General Fund 100 090949 P 6/1/2023 Tri-City Mutual Water Company $50.96
Utility Assistance Program
Nelba & Eduardo Perez Acct.
083.0
CDBG 243
090950 P 6/1/2023 Wolfpack PTO $1,595.00
Community Benefit Fund for
Wolfpack PTO Senior Class
2023
General Fund 100
Check No. Prepaids - P Date Name Check Amount Transaction Description Fund Title
City of Maywood
Check/Voucher Register - Warrant Register LM
From 6/1/2023 Through 6/30/2023
090951 6/12/2023 Amazon Capital Services $732.62 Community Service-Stargazing Program Supplies General Fund 100
090952 6/12/2023 Modern IT, Inc. dba Advanced
Microcomputing Concepts, Inc. $1,834.08 Monthly IT Lease AgreementJune 2023 General Fund 100 090952 6/12/2023 Modern IT, Inc. dba Advanced
Microcomputing Concepts, Inc. $3,630.00 Monthly IT/Assessment- June2023 General Fund 100 090953 6/12/2023 Base Hill Inc. $6,996.85
City of Maywood Janitorial
Services- Partial for March and
April
General Fund 100
090954 6/12/2023 Burke, Williams & Sorensen, LLP $1,480.00 Legal and Professional Services April 2023 General Fund 100
090955 6/12/2023 California Consulting Inc. $3,500.00 Grant Writing Consulting Services- June 2023 General Fund 100
090956 6/12/2023 Cat Specialties Inc. $724.30 Uniform shirts General Fund 100 090957 6/12/2023 CoreLogic Solutions LLC. $150.00 Property Finder Service for May 2023 General Fund 100
090958 6/12/2023 Crosstown Electrical & Data Inc. $2,057.40 City's Street Preventive Maintenance- May 2023 Street Lighting Fund 251
090959 6/12/2023 Dewey Pest Control $7.50 June 2023 Pest Control Service General Fund 100
090960 6/12/2023 Expert Building Maintenance LLC $2,100.00 City Hall, Police Station &
Parks Extra Janitorial ServJan
General Fund 100
090960 6/12/2023 Expert Building Maintenance LLC $6,605.00 City Hall, Police Station & Parks Janitorial Serv- Partial M
General Fund 100
090960 6/12/2023 Expert Building Maintenance LLC $700.00 Extra Janitorial Services City Hall & Police Station- Partial General Fund 100
090961 6/12/2023 Gateway Cities Council of Governments $10,000.00 Gateway COG I-710 Corridor Planning FY23-24 Measure R Transit Fund 224
090962 6/12/2023 George Hills Company $61.60 City Claims/ Adjuster - May 2023 General Fund 100
090963 6/12/2023 Graffiti Protective Coatings $5,232.93 Graffiti Bus Shelter Maintenance- March 2023
Proposition C Transit
Fund 222
090963 6/12/2023 Graffiti Protective Coatings $5,232.93 Graffiti Bus Shelter Maintenance- May 2023
Proposition C Transit
Fund 222
090964 6/12/2023 Myers & Sons Hi-Way Safety Inc. $1,037.80 Street sweeping signs/ island markers for medians/ yellow de
Gas Tax - 2103, 2105,
2107, 2106, 2107.5 Fund 212
090965 6/12/2023 Internal Revenue Service $1,477.94 Tax Due 9/30/20 Form 941 - Emp ID # 95-6000744 General Fund 100
090966 6/12/2023 L.B. Johnson Hardware #1 $55.81
Blue painter tape/ towels/
rubber gloves for painting PW
off
General Fund 100
090966 6/12/2023 L.B. Johnson Hardware #1 $35.03 Cord Cover for CM office General Fund 100 090966 6/12/2023 L.B. Johnson Hardware #1 $28.44 Material to patch hole in CM office General Fund 100
Check No. Prepaids - P Date Name Check Amount Transaction Description Fund Title
City of Maywood
Check/Voucher Register - Warrant Register LM
From 6/1/2023 Through 6/30/2023
090966 6/12/2023 L.B. Johnson Hardware #1 $4.36 Rollers for painting PW office General Fund 100 090966 6/12/2023 L.B. Johnson Hardware #1 $96.34 White paint for PW office General Fund 100 090967 6/12/2023 Tri-City Mutual Water Company $69.45 5000 Slauson Ave. 5/1/23- 5/31/23 General Fund 100
090967 6/12/2023 Tri-City Mutual Water Company $2,110.55 5950 Walker Ave 5/1/23- 5/31/23 General Fund 100
090968 6/12/2023 Metro Transit Services $36,453.27 Public Transportation & Dail-ARide Service May 2023 Proposition A Transit
Fund 221
090969 6/12/2023 Susan Contreras dba Municipal Waste
Solutions $1,852.50 MWS April Solid WasteConsulting
Federal / State / County
Grants 261
090969 6/12/2023 Susan Contreras dba Municipal Waste
Solutions $997.50 MWS May 2023 Solid WasteConsulting
Federal / State / County
Grants 261
090970 6/12/2023 QDoxs $118.53 Contract Base Rate charge for 6/1/23-6/30/23 General Fund 100
090971 6/12/2023 County of L.A. RegistrarRecorder/County Clerk $32,742.60 November 8, 2022 Gubernatorial General Election General Fund 100
090972 6/12/2023 Roadline Products Inc. $1,096.20 Gas Tax Funds use for Public Works Supplies
Gas Tax - 2103, 2105,
2107, 2106, 2107.5 Fund 212
090973 6/12/2023 Southern California Edison $2,206.72 Acct.#700405141156 Various Locations from 5/1/23-5/31/23 General Fund 100
090973 6/12/2023 Southern California Edison $7,724.50 Acct# 700405260081 Everett Ave. 05/01/23-05/31/23
Gas Tax - 2103, 2105,
2107, 2106, 2107.5 Fund 212
090973 6/12/2023 Southern California Edison $2,095.65 Acct.#700405141156 Various Locations from 5/1/23-5/31/23
Gas Tax - 2103, 2105,
2107, 2106, 2107.5 Fund 212
090973 6/12/2023 Southern California Edison $11,129.34 Acct.#700405141156 Various Locations from 5/1/23-5/31/23 Street Lighting Fund 251
090974 6/12/2023 Staples Business Advantage $221.64
Office Supplies for
Administration-CAL Recycle
paper
General Fund 100
090975 6/12/2023 The Home Depot Pro $47.00 Building Supplies Small tools General Fund 100 090975 6/12/2023 The Home Depot Pro $76.82 Building Supplies- Small tools General Fund 100 090976 6/12/2023 Quadient Finance USA Inc. $503.50
Acct# 7900011002060328
Postage Machine 4/27/23-
05/24/23
General Fund 100
090978 6/12/2023 Transtech Engineers Inc $468.00
20846 Maywood City
Engineering Services- April
2023
General Fund 100
090978 6/12/2023 Transtech Engineers Inc $5,159.00 20919 May PW Encroachment Permit Insp. Serv. April 2023 General Fund 100
Check No. Prepaids - P Date Name Check Amount Transaction Description Fund Title
City of Maywood
Check/Voucher Register - Warrant Register LM
From 6/1/2023 Through 6/30/2023
090978 6/12/2023 Transtech Engineers Inc $2,419.50 210065 May Baseball Field Improvements- April 2023 General Fund 100
090978 6/12/2023 Transtech Engineers Inc $836.00 210150 May Encroachment Permit April 2023 General Fund 100
090978 6/12/2023 Transtech Engineers Inc $6,732.00 210792 May Building and Safety Staff Serv- April 2023 General Fund 100
090978 6/12/2023 Transtech Engineers Inc $78.00
210799 MAY 6315-002-015-
DISTRICT & WALKER TPM
82930-COA - Ap
General Fund 100
090978 6/12/2023 Transtech Engineers Inc $553.00
211287 May ATP CYC 5
Coordination and Bike MasterApril 202General Fund 100
090978 6/12/2023 Transtech Engineers Inc $312.00
220572 MAY Misc. Traffic
Engineering, Studies and ETCAprilGeneral Fund 100
090978 6/12/2023 Transtech Engineers Inc $752.00 220878 May I710 CorridorApril 2023 General Fund 100 090978 6/12/2023 Transtech Engineers Inc $1,428.00
230353 MAY Successor
Agency District Building
Demolition CMC
General Fund 100
090978 6/12/2023 Transtech Engineers Inc $156.00 230382 May SSMP UPDATEApril 2023 General Fund 100 090978 6/12/2023 Transtech Engineers Inc $658.00 20901 May CIP Slauson Ave.
Corridor IMP May 2023
Gas Tax - 2103, 2105,
2107, 2106, 2107.5 Fund 212
090978 6/12/2023 Transtech Engineers Inc $282.00 221198 May Clean California Grant Design- April 2023
Federal / State / County
Grants 261
090978 6/12/2023 Transtech Engineers Inc $468.00 210314 May Sewer Charge Assessment District- April 2023 Sewer Enterprise Fund 412 090979 6/12/2023 Vernon City of $61.53 Acct. #413 E. Slauson/Downey Ave. 3/20/23-4/17/23 General Fund 100
090980 6/12/2023 Vortex Industries Inc. $779.98 Set up new door- City Hall General Fund 100 Report Total $757,023.41
Check No. Prepaids - P Date Name Check Amount Transaction Description Fund Title
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 9.
DATE: June 28, 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 - MAY 2023
RECOMMENDATION:
Staff recommends that the City Council receive and file the Revenue Report from July 2022 - May 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 April 2022 Year-to-Date (YTD) and current April 2023 YTD Revenue.
The Total Revenue (General Fund and Special Revenue Fund) received from July 2022 - May 2023 totaled $21,127,286.20 (bottom of column B), which is 2.88% (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 several 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 General Fund received a total of $12,058,051.46 (see Column entitled B - Current Fiscal Year to Date Revenue, the row entitled General Fund Revenue Totals), which is <0.26%> (Column E) less than the same period last year.
1. Tax Revenues. Tax Totals for this time period are <8.00%> lower than the same period due to three factors:
▪ This time last year, the City had seven (7) cannabis operators for at least two quarters but this year the City has gone down to only four (4) cannabis operators; this is a significant factor in the <32.32%> decrease in 4212 - Cannabis Sales Tax;
▪ There was a decrease in 4201 - Sales and Use Tax Revenue by <9.52%>; and lastly ▪ There was a <35.89%> decrease in 4206 - Real Estate Transfer Tax
2. Licenses and Permits Revenues. Licenses and fees totals were 5.57% higher than the same prior fiscal year period. The City's 4205 - Business License Taxes were nearly 9% higher than in the same
period last Fiscal Year, the 4305 - Public Works Permit Fees were higher by 28.51% and 4313 - Building Permits were higher by nearly 12%.
3. Charges for Services Revenues. These revenues were <24.53%> 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 which is because these revenues are only collected if the City is requested by its waste hauler to place unpaid bills on the State of California Franchise Tax Board's Interagency Intercept Collection (IIC) Program and the Los Angeles County Assessor's tax intercept rolls. The City has not received such intercept requests over the last two years.
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 75.19% higher than the same prior year period, despite 4402 - Citations: Parking being nearly <4.45%> lower.
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 5.01% higher than the prior Fiscal Year period.
6. Miscellaneous Revenues. These revenues represent General Fund revenue that is not covered in another revenue category. These revenues were 224.76% 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 interest accumulated in banking accounts where Special Revenue funds reside.
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 Los Angeles County and remitted to the City in July 2022, December 2022, January 2023, April 2023, and May 2023. These are trending nearly 4% higher than the same period of the prior fiscal year.
• 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. Special Revenues are 7.38% more than the same prior year period due to increased revenue remittances for 221 - Proposition A Transit Fund, 222 - Proposition C Transit Fund, 224 - Measure R Transit Fund and 225. 243 - Community Development Block Grant (CDBG).
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
There is no fiscal impact with this action.
ATTACHMENT(S)
1. July 2022 - May 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 $429,047.03 $489,311.25 $60,264.22 14.05% $535,000.00 91.46% Property Taxes $665,071.87 $712,855.61 $47,783.74 7.18% $714,301.00 99.80% 4211 - Utility Users Tax $985,073.30 $1,248,118.22 $263,044.92 26.70% $1,102,415.00 113.22% 4206 - Real Estate Transfer Tax $22,746.63 $14,582.45 ($8,164.18) -35.89% $31,000.00 47.04% 4202 - Hotel / Motel Room Transient
Occupancy Tax (TOT) $71,048.36 $77,753.88 $6,705.52 9.44% $75,000.00 103.67% 4212 - Cannabis Sales Tax $2,107,118.31 $1,426,011.45 ($681,106.86) -32.32% $1,980,241.00 72.01% 4201 - Sales and Use Tax Revenue $2,030,534.13 $1,837,324.41 ($193,209.72) -9.52% $2,200,048.00 83.51% Taxes Totals $6,310,639.63 $5,805,957.27 ($504,682.36) -8.00% $6,638,005.00 87.47% 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 $45,000.00 $45,000.00 $0.00 0.00% $45,000.00 100.00% Residential & Building Permits $24,299.42 $22,251.50 ($2,047.92) -8.43% $20,000.00 111.26% 4305 - Public Works Permit Fees $154,542.00 $198,604.90 $44,062.90 28.51% $180,000.00 110.34% Other Fees & Permits $28,313.44 $20,224.78 ($8,088.66) -28.57% $17,000.00 118.97% 4320 - Occupancy Permits $13,053.90 $2,958.60 ($10,095.30) -77.34% $5,000.00 59.17% 4313 - Building Permits $78,641.67 $88,073.40 $9,431.73 11.99% $90,000.00 97.86% Compliance and Review Fees - Cannabis $0.00 $0.00 $0.00 0.00% $0.00 0.00% 4307 - Commercial Cannabis Renewal Fees $89,320.00 $89,100.00 ($220.00) 0.00% $74,250.00 120.00% 4322 - Parking Permits $56,948.90 $57,057.00 $108.10 0.19% $80,000.00 71.32% 4311 - Apartment License $15,471.47 $15,924.37 $452.90 2.93% $15,000.00 106.16% 4205 - Business License Tax $203,956.33 $221,968.62 $18,012.29 8.83% $200,000.00 110.98% 4107 - Motor Vehicle License Fee (VLF) in lieu
Property Tax Payment $3,221,401.69 $3,388,873.76 $167,472.07 5.20% $3,363,110.00 100.77% Licenses and Permits Totals $3,930,948.82 $4,150,036.93 $219,088.11 5.57% $4,089,360.00 101.48%
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% $2,000.00 18.41% 4704 - Plan Check Fees $67,626.86 $48,855.92 ($18,770.94) -27.76% $55,000.00 88.83% 4702 - Rents & Concessions $21,829.50 $21,829.50 $0.00 0.00% $23,814.00 91.67% Charges for Services Totals $94,148.50 $71,053.64 ($23,094.86) -24.53% $80,814.00 87.92% 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 $2,172.65 $8,434.89 $6,262.24 288.23% $5,500.00 0.00% 4404 - Southeast Municipal Court (SEMC) -
Court Collections $89,615.58 $156,994.16 $67,378.58 75.19% $150,000.00 0.00% 4403 - Citations: Administrative $3,200.00 $4,700.00 $1,500.00 46.88% $4,500.00 104.44% 4402 - Citations: Parking $358,055.24 $342,121.81 ($15,933.43) -4.45% $410,000.00 83.44% Fines and Forfeitures Totals $453,043.47 $512,250.86 $59,207.39 13.07% $570,000.00 89.87% 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 $46,299.80 $48,620.12 $2,320.32 5.01% $50,000.00 97.24% Leases and Concessions Totals $46,299.80 $48,620.12 $2,320.32 5.01% $50,000.00 97.24% GENERAL FUND MISCELLANEOUS: A General Fund revenue not covered in another revenue category. Miscellaneous:
4817 - Good Corporate Citizen Program $20,000.00 $20,000.00 $0.00 0.00% $20,000.00 100.00% 4803 - Interest Income $14,215.29 $168,516.37 $154,301.08 1085.46% $80,000.00 210.65% 4809 - Miscellaneous Revenue $33,739.12 $48,978.07 $15,238.95 45.17% $45,000.00 108.84% 4605 - CARES Act Reimbursement $0.00 $0.00 $0.00 0.00% $0.00 0.00% 4804 -Other (Recycle + ABx1 Reimbursement) $7,185.00 $6,527.00 ($658.00) -9.16% $7,150.00 0.00% Miscellaneous Revenue Totals $75,139.41 $244,021.44 $168,882.03 224.76% $152,150.00 160.38% 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 $1,179,093.81 $1,226,111.20 $47,017.39 3.99% $1,208,812.00 101.43% Retiree Pension Levy Totals $1,179,093.81 $1,226,111.20 $47,017.39 3.99% $1,208,812.00 101.43% General Fund Revenue Totals $12,089,313.44 $12,058,051.46 ($31,261.98) -0.26% $12,789,141.00 94.28% 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 $551,265.85 $524,026.58 ($27,239.27) -4.94% $621,000.00 84.38% 214 - Transportation Development Act (TDA)
Bikeway $0.00 $0.00 $0.00 0.00% $192,000.00 0.00%
221 - Proposition A Transit Fund $644,566.95 $675,505.73 $30,938.78 4.80% $651,000.00 103.76% 222 - Proposition C Transit Fund $536,235.27 $564,565.70 $28,330.43 5.28% $750,000.00 75.28% 224 - Measure R Transit Fund $400,924.24 $493,036.81 $92,112.57 22.98% $1,184,960.00 41.61% 225 - Measure M Transit Fund $454,131.35 $430,127.69 ($24,003.66) -5.29% $1,250,000.00 34.41% 227 - LACMTA Fund $274,678.00 $274,678.00 0.00% $0.00 0.00% 216 - SB-1 Road Maintenance Rehabilitation
Act Fund $412,585.71 $411,712.17 ($873.54) -0.21% $528,284.00 77.93% 243 - Community Development Block Grant
(CDBG) $145,873.00 $258,487.00 $112,614.00 77.20% $391,053.00 66.10% 223 - Air Quality Management District (AQMD)
Fund $17,465.54 $16,008.81 ($1,456.73) -8.34% $36,375.00 44.01% 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% $0.00 0.00% 251 - Street Lighting Fund $169,456.18 $168,351.85 ($1,104.33) -0.65% $308,000.00 54.66% 611 - Redevelopment "Successor" Agency
Fund $1,226,567.00 $1,226,343.00 ($224.00) -0.02% $0.00 0.00% 412 - Sewer Enterprise Fund $277,602.74 $281,431.56 $3,828.82 1.38% $301,614.00 93.31% 261 - Federal / State / County Grants $50,000.00 $176,400.00 $126,400.00 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 $171,817.98 $177,031.59 $5,213.61 0.00% $0.00 0.00% Special Revenue Totals $8,446,033.66 $9,069,234.74 $623,201.08 7.38% $6,369,286.00 142.39% Total Revenues $20,535,347.10 $21,127,286.20 $591,939.10 2.88% $19,158,427.00 110.28% 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: June 28, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: ANTHONY RAINEY, DIRECTOR OF FINANCE
SUBJECT: MONTHLY CASH AND INVESTMENT REPORT TO THE CITY COUNCIL FOR MAY 2023 RECOMMENDATION:
Staff recommends that the City Council receive and file the attached cash and investment report for May 2023.
BACKGROUND:
In accordance with the City of Maywood’s Adopted Investment Policy (Resolution No. 6132 dated 08/12/2020) and to provide information to the City Council, the City’s Finance Department prepares a Monthly Cash and Investment Report for the City Council’s review. The report will show the City’s cash position at the month's end as well as investments.
DISCUSSION:
The cash and investment balances are across all funds of the City and include restricted, unrestricted, and budgeted amounts. These balances do not represent the available balance for spending as most are either restricted or have already been appropriated for in the City budget. The purpose of this report is to show the cash and investment balances as reported on a date only and does not represent the City’s available fund balance. The investment program provides sufficient liquidity to meet six months of estimated expenditures. All investments are in compliance with California state code 503600 and the City of Maywood Investment Policy.
The City maintains cash in a General Account, investments in the Local Agency Investment Fund (LAIF), investments in the California Employers' Retiree Benefit Trust (CERBT) a Section 115 trust fund dedicated to prefunding other Post-Employment Benefits (OPEB), and investments in the California Employers' Pension Prefunding Trust (CEPPT), also a Section 115 trust fund dedicated to prefunding employer contributions to defined benefit pension systems. The funds used to invest in the accounts come from unrestricted general funds as the eventual expenditures are also general fund expenditures. The latter two accounts are administered by CalPERS, a California state agency.
The attached report shows the cash and investments as of May 31, 2023.
The Cash and Investment Report is divided into three sections:
A - Non-Investment Cash Accounts represent the most "liquid" accounts available, which are assets that can more quickly be converted into cash resources. These are the City's short-term assets.
B - Investment Accounts representing assets that take longer to convert to cash. These investments have restrictions that require them to be held over long periods of time to accrue interest. These are the City's long-term assets.
C - Total Cash and Investments that provides the total of A - Non-Investment Cash Accounts and B - Investment Accounts for the month of May.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
There is no fiscal impact related to this report.
ATTACHMENT(S)
1. May 2023 Cash and Investment Report
City of Maywood, California
Cash and Investments Report
As of May 31, 2023
Description Type Ending Balance as
of 5/31/2023
A - Non-Investment Cash Accounts
A1 - US Bank - May 2023 Cash $8,673,024.60
A2 - Total Cash Accounts $8,673,024.60
B - Investment Accounts
B1 - Local Agency Investment Fund (LAIF)
Pooled Money
Investment Account
(PMIA)
$11,081,039.90
B2 - California Public Employees' Retirement System (CalPERS) California Employers' Retiree Benefit Trust (CERBT) Calculated Report Results as of May 31, 2023
Title 26 - U.S.C. 115
- Income of States,
Municipalities, etc.,
Trusts
$948,433.63
B3 - California Public Employees' Retirement System (CalPERS) California Employers' Pension Prefunding Trust (CEPPT) Calculated Report Results as of May 31, 2023
Title 26 - U.S.C. 115
- Income of States,
Municipalities, etc.,
Trusts
$923,509.45
B4 - Total Investment Accounts $12,952,982.98
C - Total Cash and Investments $21,626,007.58
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 11.
DATE: June 28, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: ANTHONY RAINEY, DIRECTOR OF FINANCE
SUBJECT: CONSIDERATION OF RESOLUTION NO. 6307 ESTABLISHING AN APPROPRIATION
LIMIT PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION FOR FISCAL YEAR 2023-2024 FOR THE CITY OF MAYWOOD
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 6307 that establishes the appropriations limit for Fiscal Year 2023-2024 at $13,216,582.
BACKGROUND:
The GANN Spending Limitation Initiative (Proposition 4) was approved by the voters of California in the November 1979 special ballot election. This Proposition created Article XIII B of the State Constitution And Section 7910 of the Government Code , which sets forth the calculation of State and local jurisdictions’ annual appropriations limit on monies that can be spent from tax revenues. Each year, the City Council must establish the appropriations limit, by resolution, before the beginning of the following fiscal year. The goal of Proposition 4 was to keep State of California and local government spending capped at 1978-1979 levels, adjusted for changes in population and inflation. Under Proposition 4, if a city ends the fiscal year having exceeded its GANN limit, then it must return the excess to taxpayers within two years.
Initially, the appropriations limit was adjusted annually by: (1) the population change of each local agency in the preceding year (the population factor) and (2) the lesser of consumer price index (CPI) or the change in California per capita income from the preceding year (inflation or growth factor).
Proposition 111 (Spending Limitations Act of 1990) was voted into law on June 5, 1990, as a means for promoting accountability of local government in adopting appropriation limits and allowing for adjustments to this methodology. Included as a key component of this Proposition was a new adjustment formula, that made the appropriations limit more responsive to local growth issues. Proposition 111 linked annual adjustment factors more closely to economic factors, resulting in a change in the calculation methodology as follows:
(3) It allows agencies (California municipalities) to select the California Per Capita Personal Income or the nonresidential assessed valuation growth due to new construction within the City, whichever is higher. Prior law required spending limits be tied to the Consumer Price Index or California Per Capita Personal Income growth, whichever was lower.
(4) It allows agencies (California municipalities) to use the percentage rate of the change in population within the City or County, whichever is higher. Prior law required the use of the change in population within the City only.
(5) It changed the base year from 1978-79 to 1986-87, then recalculated it from the new base year forward as if Proposition 111 had been in effect since the 1986-87 base year For the population factor, the entity can select the greater of population change within the City or County. For the growth or inflation factor, local agencies may select the greater of growth in California per capita income, or growth in the local assessment valuation due to non-residential new construction. This calculation is based on the previous year’s appropriations limit multiplied by the growth factor in the California Per Capita Personal Income percentage increase (1.0573) and multiplied again by the population percentage change for Maywood (1.0503) for an adjustment per factor of 1.1105. This calculation is demonstrated on Exhibit 1 to Resolution No. 2021-41. The California Department of Finance provides both the population change and the per capita personal income change in May of each year, see Attachment 2.
DISCUSSION:
In May of 2023, the California State Department of Finance (DOF) notified the local jurisdictions of the population and price data for use in the appropriations limit calculation for Fiscal Year (FY) 2022-2023. Based on said documentation from the DOF, the percentage change in population for the City of Maywood is <0.35>%. The preceding year’s percentage change in the per capita personal income is 4.44%. Information regarding the change in local assessment valuation in non-residential new construction could not be determined. Staff has prepared Worksheets to support the calculation of the FY 2023-2024 Gann Limit. Using the FY 2023-2024 Proposed Budget Revenues, the worksheets serve to carefully document the analysis of proceeds versus non-proceed of tax, including an allocation of interest between all sources of revenue.
Worksheet 1, for example, provides last year’s revised (FY 2022-2023) limit at $13,216,582 and WORKSHEET 2 - CITY OF MAYWOOD CALCULATION OF PROCEEDS OF TAXES FISCAL YEAR 2023- 2024 portrays $12,136.250 of the Budget derived from PROCEEDS OF TAXES. The annual adjustment to the limit based on a weighted composite of population and inflation growth, and the new limit for FY 2023-2024 at $13,706.944 of the new limit minus $12,136,250 from Proceeds of Taxes leaves $1,080,322 safely within the GANN Limit.
In addition, prior GANN Limit for the following Fiscal Years have been amended to revise the originally submitted Appropriation Limit value as portrayed in WORKSHEET 1 - CITY OF MAYWOOD APPOPRIATIONS LIMIT FISCAL YEAR 2023-2024 based on the recommendation of the City’s Independent External Auditor for Fiscal Years 2015-2016, 2016-2017, 2017-2018, 2018-2019, 2019-2020, 2021-2022, and 2022-2023. There is no fiscal impact from this change and in fact it reflects increases in the GANN Limits.
Auditor Recommendation: Based on the procedures performed, the independent auditors recommend that the City revise the Appropriation Limit originally provided for Fiscal Year 2023-2024, due to the lower A5. “Calculation of Factor for Respective Fiscal Years” (row A5 in Worksheet 1) and “Population Converted to a Ratio” (row A5 in Worksheet 1) from the prior year calculations. The auditors have requested that the City go back to the previous year to recalculate the Appropriations Limits to correct the current year. The information provided below takes into account the correction of the Fiscal Year 2023-2024 Appropriation Limit.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
There is no fiscal impact related to the establishment of the FY 2023-2024 GANN appropriations limit.
ATTACHMENT(S)
1. Resolution No. 6307 Appropriation Limit
2. WORKSHEET 1 - CITY OF MAYWOOD APPOPRIATIONS LIMIT FISCAL YEAR 2023-2024
3. WORKSHEET 2 - CITY OF MAYWOOD CALCULATION OF PROCEEDS OF TAXES - Fiscal Year 2023-2024
RESOLUTION NO. 6307
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MAYWOOD, CALIFORNIA ESTABLISHING
AN APPROPRIATIONS LIMIT FOR THE CITY OF
MAYWOOD FOR FISCAL YEAR 2023-2024
WHEREAS, Section 7910 of the California Government Code requires the City Council to establish its appropriation limit pursuant to Article XIII B of the State Constitution by resolution each year; and WHEREAS, Section 7910 allows the City Council to choose between various factors to be used in the calculation of said appropriation limit, and
WHEREAS, the Finance Department of the City of Maywood has determined the City’s appropriations limit for Fiscal Year 2023-2024 in accordance with the Constitution and laws for the State of California and the documentation used in said determination has been made available to the public in the office of the City Clerk.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MAYWOOD DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. The recitals set forth above are true and correct and incorporated herein as if set forth in full.
Section 2. The City Council elects to use as the annual adjustment factors in calculating the appropriations limit, the California per capita Income and the annual population growth for the City of Maywood, both as determined by the California Department of Finance.
Section 3. The City Council hereby establishes the appropriations limit for the City of Maywood for Fiscal Year 2023-2024 at $13,706,944.
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 28th day of June, 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. 6307 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 28th day of June, 2023, by the following roll call vote, to wit:
AYES:
NAYES:
ABSENT:
ABSTAINED:
__________________________
Andrea Aguilar, City Clerk
WORKSHEET 1
CITY OF MAYWOOD APPOPRIATIONS LIMIT
FISCAL YEAR 2023-2024
FY 2015-2016 FY 2016-2017 FY 2017-2018 FY 2018-2019 FY 2019-2020 FY 2020-2021 FY 2021-2022 FY 2022-2023 FY 2023-2024 Amount Amount Amount Amount Amount Amount Amount Amount Amount A Adjustment Factors:
A1
Per Capita Cost of Living Change
(California Department of Finance, Attachment A:
Paragraph B) Percent
3.82 5.37 3.69 3.82 3.85 3.73 5.73 7.55 4.44
A2
Population Change (California Department
of Finance, Attachment B: Column Percent
Change in Annual Percent Change in Population
Minus Exclusions) Percent
0.93 0.90 -0.02 0.41 0.47 -0.30 -0.46 -0.30 -0.35
A3
Per Capita Cost of Living Converted
to a Ratio (Formula Source- California
Department of Finance, Attachment A: Paragraph
B)- A1 + 100 / 100
1.0382 1.0537 1.0369 1.0382 1.0385 1.0373 1.0573 1.0755 1.0444 A4
Population Converted to a Ratio
(Formula Source- California Department of
Finance, Attachment A: Paragraph B) - A2 + 100
/ 100
1.0093 1.009 0.9998 1.0041 1.0047 0.997 0.9954 0.997 0.9965 A5
Calculation of Factor for Respective
Fiscal Year (Formula Source- California
Department of Finance, Attachment A: Paragraph
B) - A3 times A4
1.0479 1.0632 1.0367 1.0425 1.0434 1.0342 1.0524 1.0723 1.0407 C B. Prior Year's Limit $ 8,870,170 $ 9,381,095 $ 10,063,587 $ 10,430,760 $ 10,918,197 $ 11,445,380 $ 11,801,166 $ 12,362,845 $ 13,216,582 E
C
Calculation of a Factor for
Respective Fiscal Year [B times A6]
$ 9,381,095 $ 10,063,587 $ 10,430,760 $ 10,918,197 $ 11,445,380 $ 11,801,166 $ 12,362,845 $ 13,216,582 $ 13,706,944 F D. Other Adjustments:
D1. Lost Responsibility (-)
D2. Transfer to Private (-) 0 0 0 0 0 0 0 0 0
D3. Transfer to Fees (-) 0 0 0 0 0 0 0 0 0
D4. Assumed Responsibility (+) 0 0 0 0 0 0 0 0 0
D5. Other Adjustments (Explain) 0 0 0 0 0 0 0 0 0
D6. Total Adjustments [D1 + D2 + D3 + D4
+ D5] $ - $ - $ - $ - $ - $ - $ - $ - $ -
H E. This Year's Limit [C plus D6} $ 9,381,095 $ 10,063,587 $ 10,430,760 $ 10,918,197 $ 11,445,380 $ 11,801,166 $ 12,362,845 $ 13,216,582 $ 13,706,944
WORKSHEET 2
CITY OF MAYWOOD CALCULATION OF PROCEEDS OF TAXES
FISCAL YEAR 2023-2024
PROCEEDS NON-PROCEEDS TOTAL
REVENUE OF TAXES OF TAXES
A - TAXES:
A1 - PROPERTY TAXES [4101 - Property Tax -
Secured Taxes Current + 4102 - Property Tax - Unsecured Taxes Current + 4103 - Property Tax - Secured Taxes Prior + 4105 - Recognized Obligation Payment Schedule (ROPS)
Residual Distribution + 4106 - Property Tax - State
Reimbursement to City of Homeowners Exemption + 4109 -
Redevelopment Property Tax Trust Fund Payments]
$720,000 $720,000
A2 - SALES TAX - 4201 - Sales and Tax Use Revenue
$2,400,000 $2,400,000
A3 - BUSINESS LICENSE - 4205 - Business License
Tax
$220,000 $220,000
A4 - UTILITY USERS TAX (UUT) - 4211 - Utility
Users Tax
$1,200,000 $1,200,000
A5 - TRANSIENT OCCUPANCY TAX - 4202 -
Hotel / Motel Roon (Transient Occupancy -TOT) Tax
$77,250 $77,250
A6 - CANNABIS SALES TAX - 4212 - Cannabis
Sales Tax
$1,750,000 $1,750,000
A7 - OTHER TAXES [Franchise and Collector Fee, 4212
Cannabis Sales Tax] $2,305,000 $2,305,000
TOTAL REVENUE FROM TAXES (A1
through A7) $8,672,250 $0 $8,672,250
B - LICENSES AND PERMITS:
B1 - CONSTRUCTION RELATED PERMITS:
[4313 - Buuilding Permits + 4315 - Conditional / Land Use Permits + 4320 - Occupancy Permits]
$87,295 $87,295
B2 - OTHER LICENSE FEES / PERMITS [4304 -
License Processing Fee + 4310 - Tobacco Retailer License + 4305 - Public Works Permit Fees + 4311 Apartment License + 4322 - Parking Permits + 4312 - Garage Sale Permits]
$271,332 $271,332
TOTAL LICENSES AND PERMITS (B1 and
B2) $0 $358,627 $358,627
C - REVENUE FROM OTHER AGENCIES:
C1 - STATE OF CALIFORNIA MOTOR
VEHICLE FEE [4107 - Motor Vehicle License Fee (VLF) in
lieu Property Tax Payment}
$3,464,000 $3,464,000
C2 - U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) [4407 - HCDA:
Sidewalk Rehabilitation]
$391,053 $391,053
C3 - OTHER COUNTY REVENUES $531,000 $531,000
TOTAL REVENUE FROM OTHER AGENCIES $3,464,000 $922,053 $4,386,053
D - FINES AND FORFEITURES
D1 - GENERAL COURT FINES [4404 - Southeast
Municipal Court (SEMC) - Court Collections] $180,000 $180,000 D2 - VEHICLE IMPOUND FEES [ $0 $0
D3 - ADMINISTRATIVE FEES [4403 - Citations:
Administrative]
$6,000 $6,000
D4 - PARKING CITATIONS [4402 - Citations:
Parking] $412,000 $412,000
TOTAL FINES AND FORFEITURES $0 $598,000 $598,000
E - USE OF MONEY AND PROPERTY:
(excluding Investment Earnings)
E1 - RENTS, ROYALS, CONCESSIONS [4702 -
Rents and Concessions] $23,814 $23,814
E2 - FRANCHISE FEES [4203- Franchise Tax + 4302 -
Collector Fee]
$555,000 $555,000
TOTAL USE OF MONEY AND PROPERTY: $0 $578,814 $578,814
F - USER FEES (from worksheet #1) $236,951 $236,951
G - OTHER MISCELLANEOUS
G1 - Other Revenue $0 $0 $0
TOTAL OTHER MISCELLANEOUS $0 $0 $0
TOTAL A + B + C+ D + E + F + G $12,136,250 $2,694,445 $14,830,695 INTEREST EARNINGS FROM WORKSHEET #3
Amount of Interest Earned from Taxes - -
Amount of Interest Earned From Non-Taxes - -
Total Interest - -
TOTAL REVENUE $12,136,250.00 $2,694,445.10 $14,830,695.10 Reserve Withdrawals 0 0 0
(Including Appropriated Fund Balance)
Grand Total Budget 12,136,250.00 2,694,445.10 14,830,695.10 WORKSHEET 2
CITY OF MAYWOOD CALCULATION OF PROCEEDS OF TAXES
FISCAL YEAR 2023-2024
PROCEEDS NON-PROCEEDS TOTAL
REVENUE OF TAXES OF TAXES
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 12.
DATE: June 28, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: JENNIFER VASQUEZ, CITY MANAGER
SUBJECT: CONSIDERATION OF APPROVAL OF RESOLUTION NO. 6308 APPROVING
PARTICIPATION IN THE LOS ANGELES URBAN COUNTY COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM BY AND AUTHORIZING THE CITY MANAGER TO SIGN THE
COOPERATION AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR FISCAL YEARS 2024, 2025, AND 2026, WHICH INCLUDES THE FUNDING CYCLE FROM JULY 1, 2024, to JUNE 30, 2027
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 6308 approving the the County of Los Angeles Participating City Cooperation Agreement between the City of Maywood and the County of Los Angeles for the Community Development Block Grant (CDBG) Program and designate the City Manager to execute the Cooperation Agreement.
BACKGROUND:
By way of a Cooperation Agreement, the City of Maywood is part of the Los Angeles County Community Development Block Grant (CDBG) Program. The current Cooperation Agreement was approved by the City Council on May 13, 2020 and will expire on June 30, 2024. To continue participation in the CDBG Program, the City is required to adopt a resolution approving the Cooperation Agreement for Fiscal Years 2024, 2025 and 2026 which includes the funding cycle from July 1, 2024 to June 30, 2027.
The CDBG Program was established through the Housing and Community Development Act of 1974. The primary goals of the CDBG program are to provide for the development of viable urban communities by providing decent housing and a suitable living environment and expanding economic opportunities, principally for low- and moderate-income persons.
DISCUSSION:
The Los Angeles County Development Authority (LACDA) requires that participating cities (defined as jurisdictions of less than 50,000 in population), enter into a Cooperation Agreement in order to administer the U.S. Department of Housing and Urban Development (HUD) allocated CDBG funds for the City.
The Cooperation Agreement will include the City of Maywood as a continuing participating city in the Los Angeles Urban County Program for Fiscal Years 2024-2026. Once approved, the City may not drop out of the CDBG Program during the three-year period.
The following are general policies regarding the City’s participation in the CDBG Program:
1. All cities that intend to be a part of the Los Angeles Urban County’s 2024-2026 CDBG Program are required to execute a Cooperation Agreement with the County. Cities may not drop out of the Urban County Program during the three-year period.
2. The Cooperation Agreement will automatically renew for successive three-year periods, unless the City of the County provides written notice at least twelve (12) months prior to the end of the term, electing not to participate in a new qualification period or when there are changes to HUD requirements.
3. Each City will retain control over its own CDBG funds based on CDBG Program regulations.
4. The County will take responsibility and assume all obligations as the applicant for the federal funds.
5. Cities will be eligible to participate in the HOME Program and Emergency Solutions Grant (ESG) Program through the County. These programs do not require City staff support or funding.
6. LACDA will provide additional assistance to the participating cities by undertaking County-funded or jointlyfunded community development activities within the jurisdiction’s boundaries.
7. Cities will not be eligible to apply for grants under the Small Cities or State CDBG Program.
Staff recommends that the City continue participating in the Los Angeles County CDBG Program. Each program year, the City receives approximately $362,033 from HUD through the County of Los Angeles. The federal CDBG funds have been allocated for community development projects which benefit persons of lowand moderate-income levels and aid in the prevention and elimination of blighted conditions. Currently, CDBG funds are used to fund a portion of the City’s Graffiti Removal Program, Code Enforcement, and the Sidewalk Rehabilitation Project.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
The CDBG Cooperation Agreement will cover Fiscal Year 2024-2025, Fiscal Year 2025-2026, and Fiscal Year 2026-2027. Funding for the future three-year Community Development Block Grant (CDBG) Program allocation is unknown at this time as the cities are notified annually of HUD’s final allocation during April-May of each calendar year. The final Fiscal Year 2023-2024 CDBG allocation was $362,033. The CDBG Program does not impact the City's General Fund budget.
ATTACHMENT(S)
1. Resolution No. 6308 Approving Participation in the CDBG Program
2. Participating City Cooperation Agreement
RESOLUTION NO. 6308
A RESOLUTION OF THE MAYWOOD CITY COUNCIL OF
THE CITY OF MAYWOOD APPROVING PARTICIPATION
IN THE LOS ANGELES URBAN COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM BY
AUTHORIZING THE CITY MANAGER TO SIGN A
COOPERATION AGREEMENT WITH THE COUNTY OF
LOS ANGELES
WHEREAS, the City of Maywood desires to continue participation in the Los Angeles Urban County Community Development Block Grant (CDBG) Program, and if applicable, the HOME Investment Partnerships (HOME) Program, and the Emergency Solutions Grants (ESG) Program, in the County’s Consolidated Plan for Fiscal Years 2024-2026 for the qualification period beginning July 1, 2024, to June 30, 2027; and WHEREAS, the City authorizes the execution of a Cooperation Agreement with the County of Los Angeles in order to receive said CDBG funds;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MAYWOOD DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The City Council adopts and approve the County of Los Angeles Participating City Cooperation Agreement for the Los Angeles Urban County Community Development Block Grant (CDBG) Program, and if applicable, the HOME Program and the ESG Program, and execution of the Cooperation Agreement between the City of Maywood and the County of Los Angeles for the time period of July 1, 2024, through June 30, 2027 and self-renewing thereafter.
Section 2. The City Council authorizes the Mayor or the City Manager to execute any and all documents necessary for participation in the Los Angeles Urban County CDBG Program on behalf of the City of Maywood.
PASSED, APPROVED, AND ADOPTED this 28th day of June, 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. 6308 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 28th day of June, 2023, by the following roll call vote, to wit:
AYES:
NAYES:
ABSENT:
ABSTAINED:
_________________________
Andrea Aguilar, City Clerk
May 2023 1
COUNTY OF LOS ANGELES
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
HOME INVESTMENT PARTNERSHIPS PROGRAM
EMERGENCY SOLUTIONS GRANT PROGRAM
CITY OF MAYWOOD
COOPERATION AGREEMENT
This COOPERATION AGREEMENT (“Agreement”) is being entered into on this 28th day of June, to be effective on the 1
st day of July 2024, by and between the City of
Maywood, hereinafter referred to as “City,” and the County of Los Angeles, by and through the Executive Director of the Los Angeles County Development Authority, hereinafter referred to as “County,” and shall remain in effect for the County's Consolidated Plan for Fiscal Years 2024-2026. The County and the City are collectively referred to as the “Parties” or individually “Party.”
WITNESSETH THAT:
WHEREAS, in 1974, the U.S. Congress enacted and the President signed a law entitled, the Housing and Community Development Act of 1974, as amended, herein called the “Act”; WHEREAS, the Parties desire to cooperate to undertake, or assist in undertaking, community development, community renewal of lower-income housing assistance activities, specifically urban renewal and publicly assisted housing, including, but not limited to, the improvement or development of housing for persons of low- to moderate-incomes, and other community or urban renewal activities authorized by the Act, the Cranston-Gonzalez National Affordable Housing Act (“NAHA”), and the U.S. Housing Act of 1937, as amended; WHEREAS, the Community Development Block Grant (“CDBG”) Program, the HOME Investment Partnerships (“HOME”) Program, and the Emergency Solutions Grant (“ESG”) Program are required to have an approved comprehensive housing strategy as authorized under NAHA;
WHEREAS, the County has requested of the U.S. Department of Housing and Urban Development, hereinafter referred to as “HUD”, that the County be designated as an urban county, hereinafter referred as to the “Los Angeles Urban County”; WHEREAS, the City has participated with the County in the Los Angeles Urban County Program and desires to renew its participation with the County in said Los Angeles Urban County Program for the County's Consolidated Plan for Fiscal Years 2024-2026; WHEREAS, as the Los Angeles Urban County designee, the County will take responsibility and assume all obligations of an applicant under federal statutes, including: the analysis of needs, the setting of objectives, the preparation of community development and housing assistance plans, the consolidated plan, and the assurances of certifications;
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WHEREAS, the terms and provisions of this Agreement are fully authorized under state and local law, and this Agreement provides full legal authority for the County to undertake, or assist in undertaking, essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing; and WHEREAS, by executing this Agreement, the Parties hereby give notice of the intention to participate in the Los Angeles Urban County Program.
NOW, THEREFORE, the Parties agree as follows:
1. The City hereby authorizes the County to perform, or cause to be performed, those acts necessary or appropriate to implement the community development and housing assistance activities. Specifically urban renewal and publicly assisted housing, including, but not limited to, improvement or development of housing for persons of low- to moderate-income, and other community or urban renewal activities authorized under the Act for the City in the County's Consolidated Plan for Fiscal Years 2024-2026, which will be funded from the CDBG Program, and, where applicable HOME and ESG Programs, from federal annual appropriations and from any program income generated from the expenditure of such funds.
In the event this Agreement extends into succeeding fiscal years and funds have not been appropriated, this Agreement will automatically terminate as of June 30 of the then-current fiscal year. The County will endeavor to notify the City in writing within ten (10) days of receipt of non-appropriation notice.
2. This Agreement covers the following formula funding programs administered by HUD where the County is awarded and accepts funding directly from HUD: The CDBG Program, the HOME Program, and the ESG Program.
3. In executing this Agreement, the City understands the following:
a. The County has the final responsibility for selecting CDBG, and, where applicable, HOME and ESG, activities and submitting the Consolidated Plan to HUD.
b. The City is not eligible to apply for grants under the State CDBG (“Small Cities CDBG”) Program for appropriations for the County's Consolidated Plan for Fiscal Years 2024-2026.
c. The City may participate in the HOME Program only through the Los Angeles Urban County Program. Thus, even if the County does not receive a HOME formula allocation, the City cannot form a HOME consortium with other local governments.
d. The City may participate in the ESG Program only through the Los Angeles
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Urban County Program.
4. The term of this Agreement shall be for the County's Consolidated Plan for Fiscal Years 2024-2026 and commence on July 1, 2024 through June 30, 2027 ("Urban County Term"). The Parties agree that they cannot terminate or withdraw from this Agreement while it remains in effect. The City provides written notice at least 60 days prior to June 30 2026 that it elects not to participate in the next urban county qualification period. Towards the end of the second year of the Urban County Term, the County will notify the City in writing of its right not to participate in the County's successive Consolidated Plan for the next three-year period.
The Parties agree to adopt amendments to this Agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in HUD’s Urban County Qualification for Participation Notice, prior to the subsequent threeyear extension of the term.
5. This Agreement shall be effective for the Urban County Term and for such period of time for the expenditure of all CDBG funds, or where applicable, HOME and ESG funds, allocated to the City under this Agreement and appropriations from any program income therefrom and for the completion of the funded activities. The Parties agree that they cannot terminate or withdraw from this Agreement while it remains in effect.
6. The Parties agree to cooperate to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities, specifically urban renewal and publicly assisted housing, including, but not limited to, the improvement or development of housing for persons of low- to moderate-incomes, and other community or urban renewal activities authorized by the Act.
The Parties in the performance of this Agreement shall take all actions necessary or appropriate to assure compliance with the Los Angeles Urban County Program’s certification under Section 104(b) of Title I of the Act, as amended, that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964; and the implementing regulations at 24 CFR Part 1, and the Fair Housing Act, and the implementing regulations at 24 CFR Part 100, and will affirmatively further fair housing. See 24 CFR § 91.225(a) and Affirmatively Furthering Fair Housing Definitions and Certifications (86 FR 30779, June 10, 2021), to be codified at 24 CFR 5.151 and 5.152, available at https://www.federalregister.gov/documents/2021/06/10/2021-12114/restoringaffirmatively-furthering-fair-housing-definitions-and-certifications.
Furthermore, the Parties in the performance of this Agreement shall take all actions necessary or appropriate to assure compliance with Section 109 of Title I of the Act, and the implementing regulations at 24 CFR Part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR Part 8, Title II of the Americans with Disabilities Act, and the implementing
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regulations at 28 CFR Part 35, the Age Discrimination Act of 1975, and the implementing regulation at 24 CFR Part 146, and Section 3 of the Housing and Urban Development Act of 1968, and all other applicable laws and regulations.
The Parties agree that CDBG and, where applicable, HOME and ESG funding is prohibited for any activities in, or in support of, any cooperating City that does not affirmatively further fair housing within its own jurisdiction or that impedes the County’s action to comply with its fair housing certification. The City acknowledges and agrees to HUD’s 424-B Form, Assurances and Certifications.
7. Pursuant to 24 CFR § 570.501(b), the City is subject to all requirements applicable to subrecipients, including the requirement of a written agreement as set forth in 24 CFR § 570.503.
8. The City shall report to the County of any income generated by the use of CDBG and, where applicable, HOME and ESG funds received by the City. Any such program income, if applicable, must be remitted to the County within 30 days of receipt. Such program income may be used for eligible activities in accordance with all CDBG and, where applicable, HOME and ESG, requirements as may then apply.
9. The County shall be responsible for monitoring and reporting to HUD on the use of any program income; therefore, the City shall be required to maintain appropriate record keeping and reporting for this purpose.
10. The City may not sell, trade or otherwise transfer all or any portion of CDBG, and, where applicable, HOME and ESG funds to another metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG, and, where applicable, HOME and ESG funds in exchange for any other funds, credits or non-federal consideration, but must use such funds for activities eligible under Title I of the Act.
11. In the event of grant close-out or termination of this Agreement, any program income that is on hand or received subsequent to the close-out or change in status shall be paid to the County within 60 days after grant closeout or termination of this Agreement.
12. All program income generated from the disposition or transfer of real property acquired or improved by the City using CDBG and, where applicable, HOME and ESG, funds or program income, during the Urban County Term, shall be subject to all the terms and conditions of this Agreement.
13. Any real property which is acquired or improved by the City during the term of this Agreement, in whole or in part, using CDBG and/or HOME and ESG funds or program income in excess of $25,000, shall be subject to the following standards:
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a. The County shall be notified by the City in writing of any modification or change in the use or disposition of such real property from that planned at the time of the acquisition or improvement. Such notification shall be made prior to the modification, change in use or disposition. b. If such real property is sold within five (5) years or transferred for a use which does not qualify as an eligible activity under CDBG and/or HOME and ESG regulations, the City shall reimburse to the County an amount equal to the pro-rata share of the current fair market value of the property or proceeds from the sales. The pro-rata share shall be calculated by multiplying the current market value by the percentage of the purchase price paid with CDBG funds or program income.
14. The City shall make available for inspection and audit to County’s and HUD’s representatives, upon request, at any time during the duration of this Agreement and for a period of five (5) years thereafter, all of its books and records relating to CDBG and, where applicable, HOME and ESG, program activities and income.
15. Following the end of the three-year reimbursable contract period and after resolving any financial or programmatic findings, if the City elects to leave the Los Angeles Urban County Program and is not eligible to become an entitlement city, the City will be unable to request that its allocation or any remaining balance be transferred to the City. Any remaining balance will be transferred to the funding pool of the Supervisorial District in which the City is located.
16. The City has adopted and is enforcing:
a. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and
b. A policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction.
17. The City shall provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the City’s workplace and specifying the actions that will be taken against employees for violation of such prohibition. b. Establishing an ongoing drug-free awareness program to inform employees about:
i. The dangers of drug abuse in the workplace;
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ii. The City’s policy of maintaining a drug-free workplace; iii. Any available drug counseling, rehabilitation, and employee assistance programs; and
iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
c. Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph “a” of this Section 17.
d. Notifying the employee in the statement required by paragraph “a” of this Section 17 that, as a condition of employment funded by the CDBG, and where applicable, HOME and ESG grant, the employee will:
i. Abide by the terms of the statement; and
ii. Notify the City in writing of his or her conviction of a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction.
e. Notifying the County in writing, within ten (10) calendar days after receiving notice under subparagraph d(ii) of this Section 17 from an employee or otherwise receiving actual notice of any such conviction; and the City must provide written notice, including position or title, of any City employees convicted of any criminal drug statute to every County officer or other designee who processed a CDBG, HOME, or ESG grant which funded any activity on which the convicted employee was working, unless HUD has designated an identification number(s) of each affected grant. f. Taking one (1) of the following actions, within 30 calendar days of receiving notice under subparagraph d(ii) of this Section 17, with respect to any employee who is so convicted:
i. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by a federal, state, local health, law enforcement, or other appropriate agency.
g. Making a good faith effort to continue to maintain a drug-free workplace through the implementation of paragraphs a, b, c, d, e, and f, of this Section
17.
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18. This Agreement may be executed in any number of counterparts, each of which shall be effective only upon delivery, and therefore shall be deemed an original, and all of which shall constitute one and the same document, for the same effect as if all parties hereto had signed the same signature page.
The facsimile, email, or other electronically delivered signature of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals.
IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Agreement to be subscribed by the Executive Director of the LACDA, and the City has subscribed the same through its duly authorized officers, on the day, month, and year first above written.
County Counsel Certification
The office of the County Counsel hereby certifies that the terms and provisions of this Agreement are fully authorized under state and local laws, and that the Agreement provides full legal authority for the County to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and public assisted housing.
By: ___________________________________ ___________________________ Principal Deputy County Counsel Date
COUNTY OF LOS ANGELES
By: ________________________________
EMILIO SALAS, Executive Director
Los Angeles County Development Authority
ATTEST:
City Clerk
By: ________________________________
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By: ________________________________
BEHNAZ TASHAKORIAN
Principal Deputy County Counsel
CITY OF MAYWOOD
By: ________________________________
Jennifer E. Vasquez, City Manager
APPROVED AS TO FORM:
By: ________________________________
CITY ATTORNEY
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 13.
DATE: June 28, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: KAREN INIGUEZ, COMMUNITY DEVELOPMENT ANALYST
SUBJECT: CONSIDERATION OF AUTHORIZATION TO ADVERTISE A REQUEST FOR
PROPOSAL (RFP) FOR BUILDING DEPARMENT CONSULTING SERVICES RECOMMENDATION:
Staff recommends that the City Council authorize the City Manager to advertise a Request for Proposals (RFP) for Building Department Consulting Services for years 2023-2026 starting in September with an option for two additional one-year extension periods.
BACKGROUND:
The City is currently utilizing Interwest Consulting Group, Inc. for building and safety services. This includes services such as official services, permit technician services, plan check services, and inspection services. The City contracts with Transtech to provide permit technician services and inspection services, while Interwest has been providing plan checks and official services. These services could stay separate, but the city is looking to consolidate them under one contract to provide an integrated building service experience that is streamlined and efficient.
DISCUSSION:
Staff is proposing to issue an RFP for building department consulting services that will begin from September 2023 through September 2026. The term of the contract may be extended upon request and approval by the City on an annual basis for an additional two (2) years until September 2028.
The procurement schedule is as follows:
a. 06/29/23: Release of Requests for Proposals
b. 07/25/23: Proposal Due Date
c. 08/01/23: Proposal Review/Evaluation
d. 08/23/23: Award of Contract (City Council Action)
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
The issuance of this RFP for Building Department Consulting Services has no fiscal impact on Fund 01 - General Fund. Staff will return to the City Council to award a professional services agreement and establish a
project budget.
ATTACHMENT(S)
1. RFP Building Department Consulting Services
City of Maywood
Request for Proposals
for
Building Department Consulting Services
Date of Issuance: June 29th, 2023
RESPONSES MUST BE RECEIVED NO LATER THAN
3:00 pm, July 25th, 2023
DELIVER OR MAIL TO:
City of Maywood
City Clerk’s Office
Attn: Daisy Guerrero
4319 E. Slauson Avenue
Maywood, CA 90270
1 TABLE OF CONTENTS
I. PURPOSE............................................................................................................ 1 II. BACKGROUND.................................................................................................... 1 III. GENERAL REQUIREMENTS............................................................................... 1 IV. SCOPE OF SERVICES........................................................................................ 1 V. SCHEDULE.......................................................................................................... 2 VI. LIST OF INTERESTED PROPOSERS................................................................. 3 VII. QUESTIONS ........................................................................................................ 3 VIII. SUBMITTAL PROCEDURES ............................................................................... 3 IX. SUBMITTAL FORMAT ......................................................................................... 3 X. AGREEMENT FOR PROFESSIONAL SERVICES .............................................. 8 XI. GENERAL ADMINISTRATIVE INFORMATION ................................................... 8 XII. SUBMITTAL DUE DATE ...................................................................................... 9 XIII. SELECTION PROCESS....................................................................................... 9 XIV. AUTHORITY TO WITHDRAW............................................................................ 10 XV. AWARD OF CONTRACT ................................................................................... 10 XVI. ATTACHMENTS................................................................................................. 10
1 I. PURPOSE
The purpose of this Request for Proposals (RFP) is to select the most-qualified Consultant to Provide Building Department Consulting Services for the City of Maywood.
The City wishes to obtain services such as construction plan check, building inspection, permit technician and administrative services such as needed services under a Professional Services Agreement. The City will award no more than one contract on a not-to-exceed basis.
II. BACKGROUND
The City of Maywood (“City”) is requesting proposals from qualified consultants (“Proposers”) for Building Department Services (“Services”), which shall be provided under the general direction of the City Manager or his or her designee.
The City is a general law city in the State of California. The City’s acreage is 1.18 square miles, and has grown considerably, beginning with a population of 16,000 in 1968 and with a current population of close to 28,000 predominantly Spanish speaking residents. The City operates under a council-manager form of government with a fivemember City Council elected at large. Each council member serves a four-year term.
The City Council meets on the first and third Tuesdays of the month at Maywood City Hall, 4319 E Slauson Avenue Maywood, CA. To serve and promote the welfare of its residents, the City intends to procure the Services, as described on section IV. Scope of Services.
III. GENERAL REQUIREMENTS
A. Respondents shall have at least five (5) years of consecutive experience in building official services.
B. The proposed term of the contract under this RFP shall be for three years with the option to renew for two additional one-year periods at the discretion of the City.
C. Respondent shall comply with the insurance requirements set forth in the form professional services agreement.
IV. SCOPE OF SERVICES
A. The selected Respondent shall provide the following scope of services as follows:
The City of Maywood, an equal opportunity contractor, is requesting proposals from interested consulting firms to provide professional as-needed construction plan check, building inspection, permit technician and administrative services on assigned
2 Building Department projects. The Building Department desires to engage the services of a professional firm to provide these services on an as-needed basis. The areas of responsibility shall include, but are not limited to, the following:
• Building Official Services
• Building Plan Check Services
• Building Inspection Services
• Building Permit Technician Services
This request is not for any specific project and the services will be required on an as-needed basis for the term of the contract. This current work need has a permit technician and building inspector for a minimum of 8 hours a week on Tuesday and Thursday. Plan check services are ongoing.
Qualified consulting firms should possess the expertise and resources to provide comprehensive coordination with various stakeholders in achieving the City’s adopted goals and objectives. The City desires to work with experienced consulting firms that would maintain positive working relationships with all City staff as well as other consultants and the public; possess the ability to think through project issues and recommend possible solutions based on current California Building Codes.
V. SCHEDULE
Deadlines
Release of Requests for Proposals June 29th, 2023
Submittal of Questions July 7th, 2023, by 3:00 pm
Response to Questions July 14th, 2023, by 5:00 pm
Proposal Due Date July 25, 2023, by 3:00 pm
Proposal Review/Evaluation Week of August 1st, 2023
Optional Interview (if required) Week of August 9th, 2023 Tentative City Council award August 2023
Tentative Start date September 2023
* These dates are anticipated and may change.
3 VI. LIST OF INTERESTED PROPOSERS
The full content of the RFP is available through the City website at www.cityofmaywood.org. If addendums are necessary, they will be posted onto the previously mentioned websites as well. All respondents interested in proposing on this RFP are encouraged to sign-up on the "List of Interested Proposers" for the project. This list will be used to email any project updates, addendums, changes or responses to written inquires and will be distributed to all interested contractors. To get on the list please email [email protected] or call, (323) 562-5714.
VII. QUESTIONS
All questions regarding this RFP shall be submitted in writing by email to: Steve Fowler at [email protected]. The date and time when questions must be submitted are shown in “Section V-Schedule” of this RFP. Questions with their answers will be posted on the City website by the date and time set forth in this RFP.
VIII. SUBMITTAL PROCEDURES
Submittals shall comply with all conditions, requirements and specifications contained herein, with any departure rendering the proposal non-responsive and may serve as grounds for rejection of the proposal at the City’s sole discretion. The submittal shall contain the name of this RFP and Respondents shall provide (3) copies of the of the proposal (three bound and one unbound), single sided.
All proposal submittals shall be mailed or delivered and received by the City no later than July 25th at 3:00 p.m. addressed as follows:
City of Maywood
City Clerk’s Office
Attention: Daisy Guerrero
4319 Slauson Avenue
Maywood, CA 90270
For delivery purposes, the City Clerk’s phone number for the City is (323) 562-5714. In addition to the submission of the hard copies of the proposal, Respondents shall also submit one electronic copy on a USB (searchable PDF format) by the same date and time to Daisy Guerrero at [email protected].
IX. SUBMITTAL FORMAT
All Respondents must submit qualifications according to the specifications set forth below.
Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Responses should emphasize the Respondent’s demonstrated capability to perform work of this type.
Proposals shall be valid for a minimum of 90 days following submission. Expensive bindings, colored displays, promotional materials, etc., are not necessary or desired.
EMPHASIS SHOULD BE ON COMPLETENESS AND CLARITY OF CONTENT. The
4 proposal shall not exceed 40 pages. 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.
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organized, tabbed, and numbered in the order presented below. Proposals must include page numbers for all pages in the proposal. The proposal shall be signed by an individual, partner, officer or officers authorized to execute legal documents on behalf of the Proposer.
Proposals shall be in the following order and shall include:
A. WORK PROPOSAL
1. Cover Letter
a. Provide a cover letter including the Respondent’s name, address and telephone number of the contact person(s) who is authorized to submit the proposal on behalf of the
Respondent. The cover letter shall include a brief general statement of intent to perform the services and correspondent that all elements of the RFP have been reviewed and
understood. The letter should include a brief description of the Respondent’s Respondent. The letter should be signed by an individual who can bind the Respondent contractually. b. There shall be one person from the Respondent identified in the proposal who shall be the Respondent’s designated
representative and who is responsible for the services listed in "Section IV - Scope of Services" of this RFP (“Point of Contact”).
c. If applicable, Respondent shall acknowledge receipt of any addendum to the RFP.
2. Table of Contents
a. Include a table of content identifying the contents of the proposal in a format consistent with the proposal
requirements and format set forth herein.
3. Experience and Qualifications
a. Describe the Respondent, its size and organization, the number and location of offices, and general operational structure, as well as its management and key personnel.
Provide a description of the Respondent’s Respondent, its size and organization, the number and location of offices and general operational structure. Include a discussion
demonstrating that the Respondent has the resources
(financial, equipment, labor and capacity) available to provide
5 services under this RFP from the first day at the start of the work.
b. The Proposer shall provide a description of how the
Proposer’s experience, technical and professional skills will meet the goals and fulfill the general functions identified in this RFP.
c. Provide a summary of Respondents qualification and
experience 5 YEARS. At a minimum, Respondent should
have at least five (5) years. Describe the past experience of the staff to be assigned to perform the Services in performing similar services.
d. Describe the Proposer’s local experience and knowledge of City.
e. Provide at least three references that received similar services from your Respondent at a minimum over the last five years. Include name of organization, contact name, telephone number and email address.
f. 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.
g. 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.
h. Respondent shall hold the required license(s) to perform the work and provide proof of required license for itself and its personnel.
4. Project Specific Experience
a. The Proposer shall provide a description of the three (3) most relevant service contracts held within the last five years, one page per project, to include:
i. Role of the firm
ii. Dollar value of the services
iii. Dollar value of the fee
iv. Description of services
v. Staffing
vi. Duration of providing services
vii. Relationship to client
viii. Contact name, position, entity name, telephone
number, fax number and e-mail address for each
project.
b. Technical Competence
6 i. Description of in-house resources (i.e., computer
capabilities, software applications, modem protocol,
modeling programs, etc.)
ii. Ability to draw upon multi-disciplinary staff to address the Services requested in this RFP.
5. 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.
6. Staffing Resources (Firm Staffing and Key Personnel) a. Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed.
b. Identify three (3) persons that will be principally responsible for working with the City. Indicate the role and responsibility of each individual. If the Proposer is chosen as a finalist, these principal individuals must attend the interview and in- person presentation.
c. Describe proposed team organization, including identification and responsibilities of key personnel. Please include onepage resumes. d. Provide brief biographies of individuals that will be working directly with the City.
7. Proposed Method to Accomplish the Work
a. Describe the technical and management approach to
providing the Services to the City. Proposer should take into account the scope of the Services, goals of the City, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described in Attachment “1” the Proposer may identify additional necessary tasks and is invited to bring
7 these to the City’s attention within the discussion of its proposed method to accomplish the work.
8. Insurance
a. See the Agreement, attached hereto as Attachment “2” for a description of the insurance requirements. (Talk to steve)
9. Other Information
a. This section shall contain all other pertinent information regarding the following
i. Demonstration of record of staffing tasks efficiently and completing projects on time and within the allocated
budget.
ii. Description of community involvement. Language
barriers.
iii. Description of any previous involvement with the City. iv. A statement that the Proposer has no conflicts of
interest in connection with providing the Services.
10. Certification of Proposal
a. This section shall state - “The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.”
B. COST PROPOSAL
1. Detailed Cost Proposal
a. Respondent shall submit a detailed cost proposal that shall include all tasks required to perform the Scope of Services.
The cost proposal shall indicate how the City will be charged for services (i.e. unit, hourly or flat rate basis as appropriate) for the term of the contract, including any extensions. Costs should include all services and materials if any, needed to perform the Scope of Services.
b. As it relates to the services under this RFP, if Respondent is proposing to provide the services on an hourly basis, the cost proposal shall identify the hourly rate for the personnel needed to complete the Scope of Services.
c. Please provide a lump-sum, not-to-exceed fee proposal for the scope of Services. The fee proposal shall include hourly rates for all personnel. As a reminder this a three (3) year agreement with two (2) possible extensions.
d. In addition, Respondent shall also submit the
rates/compensation for any “additional services” that
Respondent can provide.
C. Miscellaneous
8 1. Amendments to RFP - The City reserves the right to amend the RFP or issue to all Proposers addenda to answer questions for clarification.
2. Amendments to Proposals - Unless specifically requested by the City, no amendment, addendum or modification will be accepted after a proposal has been submitted to City. If a change to a proposal that has been submitted is desired, the submitted proposal must be withdrawn and the replacement proposal submitted to City prior to the deadline stated herein for receiving proposals.
X. AGREEMENT FOR PROFESSIONAL SERVICES
The City of Maywood’s Agreement for Professional Services (Attachment 2) is included for review and comment. The Respondent’s submission of a proposal indicates Respondent’s compliance of such terms, unless the proposal indicates that compliance is not possible. Proposed revisions should be addressed in the cover letter, however, the City maintains discretion to accept or reject the Respondent’s request for revisions. The City reserves the right to make any revisions to the proposed professional services agreement.
XI. GENERAL ADMINISTRATIVE INFORMATION
All respondents are advised to become familiar with all conditions, instructions and specifications of this RFP. By submitting a proposal, Respondent represents that it has thoroughly examined and become familiar with the work required under this RFP and that the Respondent has conducted such additional investigation as it deems necessary and convenient (i.e. visiting the locations), that Respondent is capable of providing the equipment, goods and services necessary to furnish landscape maintenance in a manner that meets the City’s objectives in this RFP. Once the contract has been made, a failure to have read the conditions or conduct any investigations of the properties shall not be cause to alter the contract or for Respondent to request additional compensation.
Each Respondent understands and agrees that the City, its departments, its officers, employees or agents are not responsible for:
• Any costs incurred by a Respondent in the preparation, delivery or presentation of a proposal.
• Any costs incurred by a Respondent in meeting the criteria as a result of making or submitting a proposal or subsequently in entering into a formal agreement with the City; and
• Any errors, inaccuracies or misstatements related to the information or data supplied to any contractor by the City. The use of such information or data provided by the City, its officers, employees or agents is intended to be used at the sole discretion and risk of the Respondent in the preparation of a proposal pursuant to this Request for Proposals only.
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
9 shall become the property of the City and will not be returned and such proposals, after the agreement is awarded, are subject to the California Public Records Act.
The City reserves the right to accept, reject, modify or cancel in whole or in part, this RFP.
The City reserves the right to accept or reject any or all proposals, negotiate modifications to proposals that it deems acceptable, to request and consider additional information from any proposer, and to waive irregularities and technical defects in the proposal process, all in its sole discretion. The City has no obligation, express or implied, to make an award.
The City may reject proposals from Respondents who cannot satisfactorily provide the experience and qualifications required by this RFP and/or provides the scope of services required herein. The City reserves the right to seek new proposals when it determines that it is in the best interest to do so.
XII. SUBMITTAL DUE DATE
The submittal package must be received prior to the submittal date specified in "Section V - Schedule" of this RFP. Respondents mailing a proposal must allow sufficient delivery time to ensure timely receipt of the proposal by the date and time specified. Submittals arriving after the deadline will not be considered.
XIII. SELECTION PROCESS
All proposals timely received shall be reviewed to verify that the proposal meets the minimum requirements and qualifications. Proposals that have not complied with requirements, do not meet minimum content and quality standards, or take unacceptable exceptions to the professional services agreement, may be eliminated from further consideration at the discretion of the City. Proposals will be reviewed and evaluated by an evaluation committee comprised of City of Maywood personnel.
The City will be the sole and exclusive judge of quality and compliance with proposal specifications in any of the matters pertaining to this RFP. The City’s final selection will not be dictated on any single factor or criteria including price. The City reserves the right to award the contract(s) in any manner it deems to be in the best interest of the City and make the selection based on its sole discretion, notwithstanding the criteria set forth herein, including negotiating with one or more of the Respondents for the same services.
City will evaluate the proposals provided in response to this RFP based on the following criteria:
1. The City will evaluate Respondents based on meeting all of the City’s requirements and who offers the most advantageous combination of cost and high quality service. In addition to cost, however, the City will consider the quality of services proposed, the financial qualification of, and the work experience of the proposer in determining the best value to the City.
2. Other criteria shall include, but not be limited to:
a. Quality and completeness of proposal
10 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.
XIV. AUTHORITY TO WITHDRAW
The City of Maywood reserves the right to withdraw this Request for Proposals without prior notice. The City of Maywood makes no representation that any agreement will be awarded to any Respondent as a result of having responded to this request. All proposals submitted to the City of Maywood in response to this RFP shall become the property of the City and will not be returned.
XV. AWARD OF CONTRACT
Based on the outcome of the evaluation committee’s evaluation of the proposals, a recommendation will be submitted to the City Council for consideration of award. An award of a contract occurs when the contract is approved by the Maywood City Council.
Selection of a respondent with whom the City enters into contract negotiations with or a recommendation of an award by the evaluation committee or any other party, does not constitute an award of a contract. The contract shall be in accordance with the attached Agreement.
XVI. ATTACHMENTS
Attachment 1. Form Professional Services Agreement
ATTACHMENT 1
Form Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated August 23, 2023 (“Effective Date”) and is between the City of Maywood, a California municipal corporation (“City”) and _____________ (“Consultant”). City and Consultant are sometimes referred to herein as the “Parties”, and individually as a “Party”.
RECITALS
A. City desires to utilize the services of Consultant as an independent Consultant to perform ____________________________________.
B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Consultant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
The Parties therefore agree as follows:
1. Consultant’s Services.
A. Scope of Services. Consultant shall perform the services described in the Scope of Services (the “Services”), attached as Exhibit A. City may request, in writing, changes in the Scope of Services to be performed. Any changes mutually agreed upon by the Parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be ________________(the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s Services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.
C. Time for Performance. Consultant shall commence the Services on the Effective Date and shall perform all Services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
D. Standard of Performance. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
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E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.
F. Compliance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes, regulations and requirements.
G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of Services under this Agreement, including a business license.
2. Term of Agreement. The term of this Agreement shall be from the Effective Date through _________________, unless sooner terminated as provided in Section 12 of this Agreement or extended.
3. Compensation.
A. Compensation. As full compensation for Scope of Services satisfactorily rendered, City agrees to compensate Consultant, and Consultant agrees to accept in full satisfaction for the services required by this Agreement, __________________, 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”).
B. Expenses. The City will not reimburse Consultant for any expenses, unless expenses are agreed upon in advance in writing by both parties and/or set forth in Exhibit B.
C. Unauthorized Services and Expenses. City will not pay for any services not specified in the Scope of Services, unless the City Council or the City Representative, if applicable, and the Consultant Representative authorize such services in writing prior to Consultant’s performance of those services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council or the City Representative shall be compensated at the rates set forth in 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.
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4. Method of Payment.
A. Invoices. Consultant shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Consultant in writing within ten Business days of receipt of any disputed invoice amounts.
B. Payment. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement or within such other reasonable time dependent on the City’s warrant run procedures. City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. Notwithstanding the preceding sentence, if Consultant is a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.
C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement available during Consultant’s regular working hours to City for review and audit by City.
5. Independent Consultant. Consultant is, and shall at all times remain as to City, a wholly independent Consultant. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City.
6. Information and Documents.
A. Consultant covenants that all data, reports, documents, discussion, or other information (collectively “Data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subconsultants shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to 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.
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B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.
C. All Data required to be furnished to City in connection with this Agreement shall become City’s property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City’s sole property and may be used, reused or otherwise disposed of by City without Consultant’s permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.
D. Consultant’s covenants under this Section shall survive the expiration or termination of this Agreement.
7. Conflicts of Interest. Consultant and its officers, employees, associates and subconsultants, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090.
During the term of this Agreement, Consultant may perform similar Services for other clients, but Consultant and its officers, employees, associates and subconsultants shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.
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8. Indemnification, Hold Harmless, and Duty to Defend.
A. Indemnities.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent Consultants in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subconsultants, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent Consultant relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2). 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subconsultant, its officers, agents, servants,
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employees, subconsultants, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s subconsultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
B. Workers’ Compensation Acts not Limiting. Consultant’s indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Consultant’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.
9. Insurance.
A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of $1,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $1,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $1,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Consultant shall provide insurance in the amount required by California law.
3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing
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Services under this Agreement, workers’ compensation policy is not required, but Consultant 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 Consultant’s insurance and shall not contribute with it.
E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section shall not prohibit Consultant and Consultant’s employees, agents or subconsultants from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Consultant shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
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Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
I. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City’s Risk Manager or such other official designed by the City Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.
Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 8 of this Agreement.
K. SubConsultant Insurance Requirements. Consultant shall require each of its subconsultants that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.
10. Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.
B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
11. Records and Inspections. Consultant shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to examine and audit the books and records, to make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment.
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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 Consultant at least ten calendar days before the termination is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least 60 calendar days before the termination is to be effective.
B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services required by this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation.
13. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.
14. Default.
A. Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default.
B. In addition to the right to terminate pursuant to Section 12, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City shall serve Consultant with written notice of the default. Consultant shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
15. Notices. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by
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courier service during Consultant’s and City’s regular business hours, or (c) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:
If to City: If to Consultant:
Attn: City Manager _________________
City of Maywood _________________
4319 East Slauson Avenue _________________
Maywood, California 90270 _________________
16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subConsultant or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. Consultant will take affirmative action to ensure that subconsultants and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
17. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
18. No Third Party Beneficiaries Intended. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
19. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or
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right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
20. Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subconsultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subconsultants and agents.
21. Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.
22. Non-Appropriation of Funds. Payments to be made to Consultant by City for services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
23. Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Consultant’s proposal, the provisions of this Agreement shall control.
24. Entire Agreement and Modification of Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty
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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
Consultant:
_________________________
By:
Name: ___________________
Title: ____________________
A-1
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EXHIBIT A
SCOPE OF SERVICES
B-1
12501-0001\2300515v1.doc
EXHIBIT B
COMPENSATION
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AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 14.
DATE: June 28, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: MOHAMMAD MOSTAHKAMI, PE
SUBJECT: CONSIDERATION OF ADOPTING RESOLUTION NO. 6309 APPROVING FISCAL YEAR 2023-2024 STREET REHABILITATION PROJECT LIST UNDER THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 (SB1 BEALL)
RECOMMENDATION:
It is recommended that City Council adopt Resolution No. 6309 approving a list of projects for Fiscal Year 2023-2024 funded by SB 1: The Road Repair and Accountability Act of 2017.
BACKGROUND:
On April 28, 2017, the Governor signed Senate Bill (SB) 1 (Beal, Chapter 5, Statute 2017), which is known as the Road Repair and Accountability Act of 2017 to address basic road maintenance, rehabilitation and critical safety needs on both the state highway and local streets and road system. SB1 increases per gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years.
Beginning November 1, 2017, the State Controller will deposit various portions of this new funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). A percentage of this new RMRA funding will be apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code (SHC) Section 2032 (h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and road systems.
Road Maintenance and Rehabilitation Account (RMRA), SB 1 Beall The Road Repair and Accountability Act of 2017 (SB1 Beall) is a significant new investment in California's transportation systems of about $5.2 billion per year. The Act increases per gallon fuel excise taxes, diesel fuel sales taxes and vehicle registration taxes, stabilizes the problematic price-based fuel tax rates and provides for inflationary adjustments to rates in future years. The Act will more than double local streets and road funds allocated through the Highway Users Tax Account, allocating funds from new taxes through a new "Road Maintenance and Rehabilitation Account (RMRA). Pursuant to Streets and Highways Code Section 2030, RMRA local streets and roads allocations must be used for projects "that include, but are not limited to," the following:
• Road maintenance and rehabilitation
• Safety projects
• Railroad grade separations
• Traffic control devices
• Complete street components, "including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and storm-water capture projects in conjunction with any other allowable project."
Maintenance of Effort: RMRA
The Road Repair and Accountability Act contains a local agency maintenance of effort (MOE) requirement that applies to funds allocated through the RMRA. The Act states that the MOE requirement is to ensure that these new road funds do not supplant existing levels of city and county general revenue spending on streets and roads. The MOE for the receipt of RMRA funds state that a city or county must maintain general fund spending for street, road, and highway purposes at no less than the average of three years. In making this calculation an agency may exclude one-time funds. A city or county that fails to comply in a particular year may make it up with additional expenditures in the following year. The Act provides that the State Controller may perform audits to ensure compliance with these MOE rules. If the State Controller determines that a city or county has not met its MOE, the agency will be required to reimburse the state for the funds it received during that fiscal year. However, a city or county that fails to comply in a particular fiscal year may expend during that fiscal year and the following fiscal year a total amount that is sufficient to comply. Any funds withheld or returned as a result of a failure to comply will be reapportioned to the other counties and cities whose expenditures are in compliance.
Spending Plans and Reports: RMRA
The Road Repair and Accountability Act stipulates that, prior to receiving RMRA funds in a fiscal year, a city or county must submit to the California Transportation Commission (CTC) a project list pursuant to an adopted budget. The list must include for each project: description, location, schedule, useful life. [Streets and Highways Code Sec 2034(a)] The Road Repair and Accountability Act also requires that a city or county submit to the CTC an annual report of project completion in order to receive RMRA funds. The report must include descriptions of all projects for which RMRA funds were expended including: description, location, funds expended, completion date, estimated useful life of the project.
DISCUSSION:
The state of California imposes per‐gallon excise taxes on gasoline and diesel fuel, sales taxes on gasoline and diesel fuel, and registration taxes on motor vehicles with allocation dedicated to transportation purposes.
These allocations flow through the Highway Users Tax Account (HUTA). Cities and counties receive revenue from the motor vehicle fuel taxes imposed pursuant to Revenue and Taxation Code Section 7360(a) and (b) through the Highway User Tax accounting under the following formulas as outlined in the Streets and Highways code.
The City of Maywood allocation for FY 2023-2024 is estimated to be $621,343 as shown on the table below:
The City is receiving a higher allocation this year. Last year’s (FY 2022-23) allocation was $545,134.
The City’s required local MOE amount is estimated to be $98,083 as shown on the table below.
The following previously proposed and adopted project will utilize Fiscal Year 2023-2024 Road Maintenance
and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:
• FY 2023-24 Pavement Rehabilitation Project: Roadway rehabilitation including asphalt cold mill & overlay and slurry seal at streets identified on City’s Pavement Management System. Streets include select segments of Slauson Ave, Cudahy Ave, 52nd Pl, 53rd St, Otis Ave, 59th Pl, 61st St, Mayflower Ave, and Randolph St.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
The proposed project will be fully funded by the special revenue fund, Road Maintenance Rehab Account; this year the expected allocation will be $621,343. The required Maintenance of Effort for our streets in the amount of $98,083 will be funded through the general fund.
ATTACHMENT(S)
1. Resolution No. 6309 Approving Street Rehabilitation Project - SB1 Beall
RESOLUTION NO. 6309
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MAYWOOD, CALIFORNIA, APPROVING A LIST OF
PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1:
THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $621,343 in RMRA funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS, SB 1 funding will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System (StreetSaver) to develop the SB 1 project list to ensure revenues are being used on the most high-priority and costeffective projects that also meet the communities priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate the following streets listed below throughout the City this year; and WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in a “good” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a better condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
THE CITY COUNCIL OF THE CITY OF MAYWOOD HEREBY RESOLVES AS FOLLOWS:
1. The foregoing recitals are true and correct.
2. The following list of newly proposed projects will be funded in-part or solely with fiscal year 2023-24 Road Maintenance and Rehabilitation Account revenues:
There is no new project list.
3. The previously proposed and adopted projects may utilize FY 2023-24 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:
Project Title: FY 2023-24 Pavement Rehabilitation Project Project Description: Roadway rehabilitation including asphalt coldmill & overlay and slurry seal at streets identified on City’s Pavement Management System.
Project Location: Slauson Ave, Cudahy Ave, 52nd Pl, 53rd St, Otis Ave, 59th Pl, 61st St, Mayflower Ave, Randolph St
Estimated Project Schedule: Start (08/2023)– Completion (05/2024) Estimated Project Useful Life: 7-15
PASSED, APPROVED AND ADOPTED THIS 28th day of June, 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. 6309 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 28th day of June, 2023, by the following roll call vote, to wit:
AYES:
NAYES:
ABSENT:
ABSTAINED:
_________________________
Andrea Aguilar, City Clerk
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 15.
DATE: June 28, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: DAISY GUERRERO, DEPUTY CITY CLERK/ASSISTANT TO THE CITY MANAGER SUBJECT: APPROVAL OF RESOLUTION NO. 6310 OF THE CITY COUNCIL OF THE CITY OF
MAYWOOD, DESIGNATING BANK SIGNATORIES
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 6310 designating the City Manager as one of the bank signatories, and removing the Director of Finance from the bank signatory.
BACKGROUND:
Banking institutions require resolutions approved by governing bodies, to make changes to position titles and personnel authorized to sign on City checking and investment accounts.
DISCUSSION:
The City’s current Director of Finance has resigned from his position and his last day with the City will be June 30, 2023. Subsequently, the proposed attached resolution designates the City Manager Jennifer Vasquez, as the Interim Director of Finance and as a bank signatory for all bank and investment accounts and removes the current Director of Finance, Anthony Rainey. Upon City Council approval and effective immediately, City Manager Jennifer Vasquez will be added to the account as a signatory.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
There is no fiscal impact with this item.
ATTACHMENT(S)
1. Resolution No. 6310 Designating Bank Signatories
RESOLUTION NO. 6310
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MAYWOOD, CALIFORNIA, DESIGNATING BANK
SIGNATORIES
WHEREAS, banking institutions require resolutions approved by governing bodies to make changes to position titles and personnel authorized to sign on City checking and investment accounts; and
WHEREAS, Section 3-2.06 of the Maywood Municipal Code sets forth the signatories required on City Checks and warrants; and
WHEREAS, a previous resolution designated Anthony Rainey, Director of Finance as a designated signer on all City checking and investment accounts; and WHEREAS, Anthony Rainey, Director of Finance, has resigned and shall be removed as signer from all accounts for the City of Maywood; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MAYWOOD HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:
Section 1. The recitals set forth above are true and correct and incorporated herein as if set forth in full.
Section 2. Anthony Rainey shall be removed as a signer from all accounts for the City of Maywood.
Section 3. Jennifer Vasquez is the designated Interim Director of Finance and as such is an authorized signatory on all City bank accounts including checking and investment accounts.
Section 4. The City Clerk shall certify 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 28th day of June, 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. 6310 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 28th day of June, 2023, by the following roll call vote, to wit:
AYES:
NAYES:
ABSENT:
ABSTAINED:
_________________________
Andrea Aguilar, City Clerk
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 16.
DATE: June 28, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: ROXANNE DIAZ, CITY ATTORNEY
SUBJECT: APPROVAL OF RESOLUTION NO. 6311 OF THE CITY COUNCIL OF THE CITY OF
MAYWOOD, COMPLIMENTARY TICKETS OR PASSES POLICY
RECOMMENDATION:
Staff recommends the City Council adopt Resolution No. 6311 adopting the City of Maywood policy regarding complimentary tickets or passes in compliance with Fair Political Practices Commission Regulation 18944.1.
BACKGROUND:
The Political Reform Act requires city officials and those employees designated in the City’s conflict of interest code (“Officials”) to report gifts valued at $50 or more on their Statement of Economic Interests ("Form 700").
In addition, Officials are prohibited from accepting gifts above the gift limit, currently $590. FPPC Regulation 18944.1 provides that a ticket or pass provided to an Official by his or her agency (i.e. city) and distributed and used in accordance with an adopted written policy that meets the requirements of Regulation 18944.1 is not a “gift” under the Political Reform Act and therefore does not have to be reported on an Official’s Form 700, nor is it subject to the gift limit. The City Attorney recommends that such a policy be adopted to establish a best practice for the distribution of complimentary tickets or passes if any are provided to the City. Similar policies have been adopted by the cities of Bell Gardens, Whittier, La Habra and West Covina.
DISCUSSION:
FPPC Regulation 18944.1 provides that when an agency distributes a ticket or pass to an official of that agency and said official uses the ticket or pass, such ticket or pass is not considered a gift under the Political Reform Act and therefore does not have to be reported on an official’s Form 700 Statement of Economic Interest and is not subject to the annual gift limit (currently $590 per year) if all of the following criteria are met:
(1) The distribution of the ticket or pass by the City is made in accordance with an adopted written policy that meets the requirements of FPPC Regulation 18944.1, and is maintained as a public record; (2) The distribution of the ticket or pass is reported on FPPC Form 802; (3) The ticket or pass is not earmarked by an outside source for use by a specific agency official; and (4) The agency determines, in its sole discretion, who uses the ticket or pass.
In addition, Regulation 18944.1 requires that a ticket distribution policy state the public purposes for which tickets may be distributed to Officials (e.g., promotion of the City, rewarding public service, or to enhance employee morale).
Tickets distributed to Officials under such a policy must be reported on FPPC Form 802 and include details regarding the ticket and related event. The Form 802 must be posted on the agency's website within 45 days of distribution of a ticket or pass, and forwarded to the FPPC. If adopted, the City must posted the amended policy on its website within 30 days of adoption or amendment and a link to such website must be sent to the FPPC.
LEGAL REVIEW:
The City Attorney drafted this report.
FISCAL IMPACT:
There is no fiscal impact related to this report.
ATTACHMENT(S)
1. RESOLUTION NO. 6311 COMPLIMENTARY TICKERS OR PASSES POLICY
RESOLUTION NO. 6311
A RESOLUTION OF THE COUNCIL OF THE CITY OF
MAYWOOD ADOPTING A COMPLIMENTARY TICKETS
OR PASSES POLICY PURSUANT TO FAIR POLITICAL
PRACTICES COMMISSION REGULATION 18944.1
THE CITY COUNCIL OF THE CITY OF MAYWOOD HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:
Section 1. From time to time, cities, including the City of Maywood (“City”) may receive complimentary tickets or passes from third parties for use by various City officials including employees.
Section 2. Fair Political Practices Commission Regulation 18944.1 requires the City Council to adopt a written policy governing the distribution of complimentary tickets and passes that includes a statement describing the public purpose to be accomplished by such policy.
Section 3. The City Council hereby approves and adopts the “City of Maywood Policy Regarding the Distribution of Complimentary Tickets or Passes Pursuant to FPPC Regulation 18994.1” attached hereto as Exhibit A and on file in the office of the City Clerk.
Section 4. The City Council hereby directs the City Clerk to post the policy on the City’s website.
Section 5. The City Clerk shall certify to the passage and adoption of this Resolution and shall enter it into the book of original resolutions.
PASSED, APPROVED, AND ADOPTED this 28th day of June, 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. 6311 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 28th day of June, 2023, by the following roll call vote, to wit:
AYES:
NAYES:
ABSENT:
ABSTAINED:
_________________________
Andrea Aguilar, City Clerk
EXHIBIT A
TO RESOLUTION NO. 6311
CITY OF MAYWOOD POLICY REGARDING THE DISTRIBUTION OF COMPLIMENTARY TICKETS OR PASSES PURSUANT TO FPPC REGULATION 18944.1
Section 1. Purpose of Policy.
The purpose of this policy is to establish a fair and equitable process for the distribution of complimentary tickets or passes to the City in compliance with the requirements of Section 18944.1 of the Fair Political Practices Commission Regulations. This Policy is subject to all applicable FPPC Regulations and the provisions of the Political Reform Act, as now exist or may hereafter be added or amended.
Section 2. Definitions.
Unless otherwise expressly provided herein, words and terms used in this Policy shall have the same meaning as that ascribed to such words and terms in the California Political Reform Act of 1974 (Government Code Sections 81000, et seq., as the same may from time to time be amended) and the Fair Political Practices Commission (“FPPC”) Regulations (Title 2, Division 6 of the California Code of Regulations, Sections 18110 et seq., as the same may from time to time be amended).
A. “City” or “City of Maywood” shall mean and include the City of Maywood, and any other affiliated agency created or activated by the Maywood City Council, and any departments, boards and commissions thereof.
B. “City Official” shall mean every officer, agent and employee of the City who is obligated to file an Annual Statement of Economic Interests (FPPC Form 700) under state law or the City’s current conflict of interest code.
C. “City Venue” shall mean and refer to any facility owned, controlled or operated by the City.
D. “FPPC” shall mean and refer to the California Fair Political Practices Commission.
E. “FPPC Regulations” shall mean the Fair Political Practices Commission regulations contained in Title 2, Division 6 of the California Code of Regulations, Section 18110 et. seq., as the same may be amended from time to time.
F. “Immediate family” shall mean and refer to the spouse and dependent children of the City Official. The term spouse includes registered domestic partners recognized by state law and dependent children shall mean a child, including an adoptive child or stepchild, of a City Official who is under 18 years old and who the City Official is entitled to claim as a dependent on his or her federal tax return.
G. “Pass” shall have the meaning ascribed in Section 18946 of the FPPC Regulations and which currently defines a “pass” as a ticket that provides repeated access, entry, or admission to a facility or series of events and for which similar passes are sold to the public.
H. “Policy” shall mean and refer to this Policy Regarding the Distribution of Complimentary Tickets or Passes Pursuant to FPPC Regulation 18944.1.
I. “Ticket” shall have the meaning ascribed in Regulation 18946 and which currently defines a “ticket” as anything that provides access, entry, or admission to a specific future event or function and for which similar tickets are sold to the public to view, listen to, or otherwise take advantage of the attraction or activity for which the ticket is sold and includes any benefits that the ticket provides.
Section 3. Application of Policy
A. This policy shall be applicable to every officer, agent and employee of the City who is obligated to file an Annual Statement of Economic Interests (Form 700) under state law or the City’s current Conflict of Interest Code.
B. This Policy governs the distribution of Tickets or Passes by the City to a City Official or at the behest of a City Official that are either:
1. Gratuitously provided to the City by an outside source;
2. Acquired by the City by purchase;
3. Acquired by the City as consideration pursuant to the terms of a contract for the use of a City Venue; or
4. Acquired and distributed by the City in any other manner.
C. This Policy does not apply to:
1. Other items of value. Any other item of value provided to the City or any City Official, regardless of whether received gratuitously or for which consideration is provided.
2. Sources other than the City. Tickets or Passes provided by sources other than the City
3. Taxable income. A Ticket or Pass received by a City Official from the City where both the City Official and the City treat and report the value of the Ticket or Pass as income consistent with applicable state and federal income tax laws and the Ticket or Pass is reported as income pursuant to the provisions of this Policy.
4. Reimbursement. A Ticket or Pass received by a City Official from the City if such City Official reimburses the City for the Ticket or Pass within 30 days of receipt.
5. Ceremonial roles. A Ticket or Pass provided to a City Official so that the City Official may perform a ceremonial role as that term is defined in Regulation 18942.3 3 as long as the City complies with the posting provisions in Section 10 of this Policy.
Section 4. General Provisions.
A. No Right to Tickets or Passes. The use of complimentary Tickets or Passes is a privilege extended by the City and not the right of any person to which the privilege may from time to time be extended.
B. Limitation on Transfer of Tickets or Passes. Tickets or Passes distributed to a City Official pursuant to this Policy shall not be transferred to any other person, except to members of such City Official’s Immediate Family or no more than one guest solely for their attendance at the event. If a City Official transfers a Ticket or Pass he or she has received from the City to another person, as opposed to returning the Ticket or Pass to the City for redistribution, then the value of the Ticket or Pass he or she transfers shall constitute a gift to him or her and shall be reportable as provided by the regulations of the FPPC.
C. Prohibition Against Sale of or Receiving Reimbursement for Tickets or Passes. No person who receives a Ticket or Pass pursuant to this policy shall sell or receive reimbursement for the value of such Ticket or Pass.
D. No Disproportionate Use. There shall be no disproportionate use of Tickets or Passes by any City Council member, the City Manager or any department head.
Section 6. Ticket Administrator
A. The City Council delegates the authority to the City Manager or his/her designee to be the Ticket Administrator for purposes of implementing the provisions of this Policy.
B. The Ticket Administrator shall have the authority, in his or her sole discretion, to establish procedures for the distribution of Tickets or Passes in accordance with this Policy. Such authority includes the power to distribute such a Ticket or Pass to the City Manager provided that doing so is otherwise consistent with this Policy. All requests for Tickets or Passes that fall within the scope of this Policy shall be made in accordance with the procedures established by the Ticket Administrator.
C. The Ticket Administrator, in his or her sole discretion, may revoke or suspend the Ticket or Pass privileges of any person who violates any provision of this Policy or the procedures established by the Ticket Administrator for the distribution of Tickets or Passes.
D. The Ticket Administrator shall determine the fair value of Tickets or Passes distributed by the City for purposes of reporting pursuant to Section 10 of this Policy.
E. For the purpose of implementing this policy, and completing and posting the FPPC California Form 802, the Ticket Administrator shall be the “Agency Head.” Section 7. Conditions Under Which Tickets or Passes May be Distributed to City Officials and are not Considered a Gift Under the Political Reform Act.
A. The Ticket Administrator must distribute complimentary Tickets or Passes to City Officials only pursuant to this Policy.
B. The Ticket or Pass is not earmarked by an outside source for use by specific City Official(s). The Ticket Administrator must determine, in its sole discretion, who uses the Ticket or Pass.
C. The Ticket or Pass must be reported pursuant to Section 10 of this Policy.
D. The distribution of the Tickets or Passes to, or at the behest of, the City Official accomplishes or furthers one or more of the following governmental and/or public purposes:
1. Promotion of business activity, growth or development within the City.
2. Promotion of intergovernmental relations and/or cooperation and coordination of resources with other governmental agencies, including, but not limited to, attendance at an event with or by elected or appointed public officials from other jurisdictions, their staff members and their guests.
3. Economic or business development purposes on behalf of the City.
4. Promotion of City resources and/or facilities available to Maywood residents.
5. Promotion of private facilities available for City resident use, including facilities of charitable and/or nonprofit organizations.
6. Promotion of City-run, sponsored or supported community events, activities or programs.
7. To monitor and evaluate the value of City-run, sponsored or supported community events, activities or programs to the City including but not limited to evaluation of the venue, quality of performances and compliance with City policies, agreements and other requirements.
8. Promotion and evaluation of events, activities or programs at City venues, including but not limited to evaluation of the venue, quality of performances and compliance with City policies, agreements and other requirements.
9. Promoting, supporting and/or showing appreciation for programs or services rendered by charitable and non-profit organizations benefiting Maywood residents.
10. Promotion of City tourism on a local, state, national or worldwide scale.
11. Business retention or attraction on a local, state, national or worldwide scale.
12. Promotion of City recognition, visibility, and/or profile on a local, state, national or worldwide scale.
13. Encouraging Maywood resident and business support for and attendance at local events.
14. Encouraging participants in City sponsored programs to attend local events.
15. Attracting or rewarding volunteer public service.
16. Encouraging or rewarding significant academic, athletic, or public service achievements by Maywood students, residents or businesses.
17. Attracting and retaining highly qualified employees in the City service.
18. Recognizing or rewarding meritorious service by a City employee.
19. Promoting enhanced City employee performance or morale.
20. Encouraging or rewarding significant academic, athletic or public service achievements by Indio students, residents, businesses or employees.
21. Encouraging resident and business support for and attendance at local events.
22. Promotion of public exposure to, and awareness of, the various the recreational, cultural, and educational venues and facilities available to the public within the City.
23. Economic or business development purposes on behalf of the City.
24. As an incident to the above public purposes, allowing for the Immediate Family of the City Official or no more than one guest to accompany the City Official to events to accomplish any of the purposes listed in this Resolution.
Section 8. Tickets or Passes Distributed at the Behest of a City Official.
A. Only the following City Officials shall have authority to behest Tickets or Passes: City Council Members and the City Manager.
B. Tickets or Passes shall be distributed at the behest of a City Official only for one or more public purposes set forth in Section 7.D. above.
C. If Tickets or Passes are distributed at the behest of a City Official, such City Official shall not use one of the Tickets or Passes so distributed to attend the event.
Section 9. Other Benefits
A. The distribution of Tickets or Passes pursuant to this Policy shall not constitute a "gift" to the City Official receiving the Ticket or Pass, however, other benefits, such as food or beverage or other gifts provided to the City Official that are not part of the admission provided by the complimentary Ticket or Pass, will need to be accounted for as gifts.
B. If the City receives complimentary Tickets or Passes that are earmarked for particular City Officials, then the Tickets or Passes are considered gifts to that particular City Official. If these Tickets or Passes are not returned unused to the provider within thirty (30) days of receipt, then the City Official must comply with the applicable FPPC gift limit regulations and reporting regulations.
Section 10. Posting and Disclosure Requirements
A. This Policy and Form 802 reports required by Section 18944.1 of the FPPC Regulations shall be posted on the City’s website as required by that Section.
B. The distribution of Tickets or Passes pursuant to this Policy shall be documented by the preparation and certification of Fair Political Practices Commission Form 802. Within fortyfive (45) calendar days of the distribution of a Ticket or Pass, the Ticket Administrator shall prepare and certify a Form 802 and shall post it on the City's Website and a link to the website that displays the City’s Form 802s shall be e-mailed to the FPPC in order for the FPPC to post the link on its website.
C. This Policy and the City’s Form 802s are public records and are subject to inspection and copying under Government Code Section 81008.
Policy adopted by the City Council by Resolution No. 6311 on June 28, 2023.
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 17.
DATE: June 28, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: OKAN DEMIRCI, CITY ENGINEER
SUBJECT: CONSIDERATION OF AWARD OF CONSTRUCTION CONTRACT TO FS CONTRACTORS, INC. FOR SIDEWALK REHABILITATION PROJECT FY 2022-2023 (CDBG) IN THE AMOUNT OF $129,925, APPROVAL OF THE PROJECTS PLAN AND
SPECIFICATIONS AND FINDING THAT THE PROJECT IS CATEGORICALLY EXEMPT
FROM CEQA REVIEW
RECOMMENDATION:
It is recommended that the City Council approve the plans and specifications for the Sidewalk Rehabilitation Project Number 6217 and award a contract to FS Contractors, Inc. for Sidewalk Rehabilitation Project Number 6217 – FY 2022-2023 (CDBG) for a total amount of $129,925 and make the finding that the project is categorically exempt from CEQA review.
BACKGROUND:
The project includes the removal of existing sidewalks and curb ramps at various locations Citywide and other incidental and appurtenant work necessary for the proper construction of new sidewalks and curb ramps. The proposed improvements will be completed within 40 working days.
On April 27, 2023, staff advertised Notice Inviting Bids (NIB) on the City’s website and local newspaper in conformance with City of Maywood Municipal Code Section 3-7.04. Bids were due on May 25, 2023, at 3:00 p.m.
DISCUSSION:
On May 25, 2023, at 3:00 p.m., a total of four (4) bids were received as shown below:
Contractor Name (from low to high cost) Bid Amount
FS Contractors $129,925.00
Carter Enterprises $148,000.00
CT&T Concrete Paving $150,406.00
ICE General Builder This bid is deemed non responsive due to missing required forms on the bid
The bid submitted by ICE General Builder did not include portion of references form (pages B-11 and B-12), resume (page B-13), Non Collusion Declaration Form (page B-18), and other required federal forms. Following review of this bid and consulting with the City Attorney’s office, this bid is deemed non-responsive.
Staff conducted a bid analysis for the apparent 1st low bidder, FS Contractors, Inc., and verified CA contractor’s licensing, Department of Industrial Relations (DIR) registration, state and federal debarment files, and references.
Based on the bid analysis, FS Contractors, Inc. was found to be the lowest responsive bidder.
Staff recommends City Council award a contract to FS Contractors, Inc. for a total amount of $129,925 and authorize the Mayor to execute the contract.
In addition, the City Engineer has reviewed the design plans for the project and in his opinion the design is reasonable and meets professional engineering standards. Therefore, the City Engineer recommends that the City Council also approve the plan and specifications, which are on file in the Department of Public Works.
The proposed project is a project subject to CEQA. Staff has reviewed the proposed project and has determined that it is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15302:Replacement or reconstruction; (c) Replacement or reconstruction of existing utility and/or facilities involving negligible or no expansion of capacity.
LEGAL REVIEW:
City Attorney has reviewed this report.
FISCAL IMPACT:
The total estimated project cost of $178,646.75 will come from CDBG funds budgeted for in the 2022/23 Capital Improvement Program. CIP Project # 6217, Fund 243 - Community Development Bllock Grants, General Ledget Code 6370 - Capital Improvement Projects (CIPs).
Item 1 - Construction Contract. 6370 - Capital Improvement Projects (CIPs) $129,925.00 Item 2 - Contingency Budget allowance for unforeseen conditions as necessary (25%) - 6370 - Capital Improvement Projects (CIPs)
$32,481.25
Total Construction Budget $162,406.25
Item 3 - Construction management and inspection (10% of construction budget). - 6370 - Capital Improvement Projects (CIPs)
$16,240.50
Project Total $178,646.75
ATTACHMENT(S)
1. Attachment 1, Agreement with FS Contractors
2. Attachment 2, FS Contractors Bid
Attachment No. 1 –
Agreement with FS Contractors, Inc.
CONTRACT C-1
CONTRACT
CITY OF MAYWOOD CONTRACT FOR
SIDEWALK REHABILITATION PROJECT FY 2022-2023 (CDBG)
THIS CONTRACT (“Contract”) is made and entered this June 28, 2023 (“Effective Date”), by and between the CITY OF MAYWOOD, a California municipal corporation (“City”) and FS CONTRACTORS, INC., a California Corporation (“Contractor”). Contractor’s California State Contractor’s license number is 1005940; Class A, C-8, and C-27. Contractor’s DIR registration number is 1000033438.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any postBid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.
2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Sidewalk Rehabilitation Project FY 2022-2023 (CDBG) (“Project”), as described in this Contract and in the Contract Documents.
3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of One Hundred Twenty Nine Thousand Nine Hundred Twenty Five dollars ($129,925) in accordance with the prices as submitted in the Bid.
4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).
5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.
7. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor 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 self-insurance in accordance with the
CONTRACT C-2
provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
10. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.
11. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
CITY OF MAYWOOD
By:
Mayor
ATTEST: APPROVED AS TO FORM:
By: By:
City Clerk City Attorney
Dated:
(“CONTRACTOR”)
By:
By:
PAYMENT BOND (LABOR AND MATERIALS) LMB-1
Bond No. __________
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Maywood (“City”), State of California, has awarded to (“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
SIDEWALK REHABILITATION PROJECT FY 2022-2023 (CDBG)
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
PAYMENT BOND (LABOR AND MATERIALS) LMB-2
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
PERFORMANCE BOND PB-1
Bond No. __________
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Maywood (“City”), has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
SIDEWALK REHABILITATION PROJECT FY 2022-2023 (CDBG)
(Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this amount being not less than the
total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California
PERFORMANCE BOND PB-2
Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
INSURANCE CERTIFICATES AND ENDORSEMENTS INS-1
WORKERS’ COMPENSATION
CERTIFICATE OF INSURANCE
WHEREAS, the City of Maywood (“City”) has required certain insurance to be provided by:
NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time:
1. This certificate is issued to:
City of Maywood
City Hall
_______________________________
______________, California ________
The insureds under such policy or policies are:
2. Workers’ Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows:
Policy Number Effective Date Expiration Date
By:
Its Authorized Representative
INSURANCE CERTIFICATES AND ENDORSEMENTS INS-2
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”):
Name and address of insurance company (“Company”):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Maywood (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
INSURANCE CERTIFICATES AND ENDORSEMENTS INS-3
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to City at:
City Manager
City of Maywood
City Hall
_____________________________
______________, California _______
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS
ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
□ General Liability Endorsement □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: if none,
so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
INSURANCE CERTIFICATES AND ENDORSEMENTS INS-4
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”):
Name and address of insurance company (“Company”):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Maywood (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
INSURANCE CERTIFICATES AND ENDORSEMENTS INS-5
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to City at:
City Manager
City of Maywood
City Hall
____________________________
___________, California _______
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS
ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on ______________ at 12:01 a.m. and forms a part of Policy Number _________.
I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
INSURANCE CERTIFICATES AND ENDORSEMENTS INS-6
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured (“Named Insured”):
Name and address of insurance company (“Company”):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Maywood (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company’s liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
INSURANCE CERTIFICATES AND ENDORSEMENTS INS-7
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to City at:
City Manager
City of Maywood
City Hall
_________________________________
_______________, California ________
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS
ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
□ Following Form
□ Umbrella Liability
□
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NUMBER AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:
13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
14. This is an □ occurrence or □ claims made policy (check one).
15. This endorsement is effective on ________ at 12:01 a.m. and forms a part of Policy Number ________.
INSURANCE CERTIFICATES AND ENDORSEMENTS INS-8
I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Attachment No. 2 –
FS Contractors, Inc. Bid
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 18.
DATE: June 28, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: OKAN DEMIRCI, CITY ENGINEER
SUBJECT: CONSIDERATION OF AWARD OF CONSTRUCTION CONTRACT TO HARDY HARPER, INC. FOR PAVEMENT REHABILITATION PROGRAM FY 2022-2023, APPROVAL OF THE
PROJECTS PLAN AND SPECIFICATIONS AND FINDING THAT THE PROJECT IS
CATEGORICALLY EXEMPT FROM CEQA REVIEW
RECOMMENDATION:
It is recommended that the City Council approve the plans and specifications for the Pavement Rehabilitation Program FY 2022-2023 and award a contract to Hardy Harper, Inc. for Pavement Rehabilitation Program FY 2022- 2023 for a total amount of $3,539,000.00 and make the finding that the project is categorically exempt from CEQA review.
BACKGROUND:
The project includes asphalt concrete resurfacing (cold mill and overlay), asphalt slurry seal, concrete curb ramp, curb and gutter, sidewalk replacement at various locations, striping and pavement markings, and related work. The proposed improvements will be completed within 50 working days. The project location map is shown on Attachment No. 3.
On June 1, 2023, staff advertised Notice Inviting Bids (NIB) on the local newspaper in conformance with City of Maywood Municipal Code Section 3-7.04. Bids were due on June 20, 2023, at 2:00 PM.
DISCUSSION:
On June 20, 2023, at 2:00 p.m., a total of four (4) bids were received as shown below:
Contractor Name (from low to high cost) Bid Amount
Hardy Harper, Inc. $3,539,000.00
All American Asphalt $3,714,337.00
Onyx Paving Company, Inc. $3,737,000.00
RJ Noble Company $4,378,285.00
Staff conducted a bid analysis for the apparent 1st low bidder, Hardy Harper, Inc., and verified CA contractor’s licensing, Department of Industrial Relations (DIR) registration, state and federal debarment files, and references.
Based on the bid analysis, Hardy Harper, Inc. was found to be the lowest responsive bidder.
Staff recommends City Council award a contract to Hardy Harper, Inc. for a total amount of $3,539,000.00 and
authorize the Mayor to execute the contract.
In addition, the City Engineer has reviewed the design plans for the project and in his opinion the design is reasonable and meets professional engineering standards. Therefore, the City Engineer recommends that the City Council also approve the plan and specifications, which are on file in the Department of Public Works.
The proposed project is a project subject to CEQA. Staff has reviewed the proposed project and has determined that it is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15302: Replacement or reconstruction; (c) Replacement or reconstruction of existing utility and/or facilities involving negligible or no expansion of capacity.
LEGAL REVIEW:
City Attorney has reviewed this report.
FISCAL IMPACT:
The total estimated project cost of $4,350,403.00 will be funded in the amount of $1,570,376 of Measure R Funds, $1,250,000 of Measure M Funds, $1,255,349 of SB1 RMRA Funds, $274,678 of LACMTA Funds (through STP-L and HIP Exchange Agreement with Metro) in the 2023/24 Capital Improvement Program.
Construction Contract $3,539,000.00
Contingency Budget allowance for unforeseen conditions as necessary (10%) $353,900.00 Total Construction Budget $3,892,900.00
Design Engineering (Preparation of PS&E), Geotechnical Investigation/Report $185,000.00 Construction management, inspection, materials testing/inspection (7% of construction budget)
$272,503.00
Project Total $4,350,403.00
ATTACHMENT(S)
1. Attachment 1, Agreement with Hardy Harper
2. Attachment 2, Hardy Harper, Inc. Bid
3. Attachment 3, Project Location Map
Attachment No. 1 –
Agreement with Hardy Harper, Inc.
CONTRACT C-1
CONTRACT
CITY OF MAYWOOD CONTRACT FOR
PAVEMENT REHABILITATION PROGRAM FY 2022-2023
THIS CONTRACT (“Contract”) is made and entered this June 28, 2023 (“Effective Date”), by and between the CITY OF MAYWOOD, a California municipal corporation (“City”) and Hardy Harper, Inc., a California Corporation (“Contractor”). Contractor’s California State Contractor’s license number is 215952; Class A, C-8, and C-12. Contractor’s DIR registration number is 1000000076.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any postBid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.
2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Pavement Rehabilitation Program FY 2022-2023 (“Project”), as described in this Contract and in the Contract Documents.
3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of three million five hundred thirty-nine thousand dollars ($3,539,000.00) in accordance with the prices as submitted in the Bid.
4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).
5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.
7. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor 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 self-insurance in accordance with the
CONTRACT C-2
provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
10. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.
11. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
CITY OF MAYWOOD
By:
Mayor
ATTEST: APPROVED AS TO FORM:
By: By:
City Clerk City Attorney
Dated:
(“CONTRACTOR”)
By:
By:
PAYMENT BOND (LABOR AND MATERIALS) LMB-1
Bond No. __________
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Maywood (“City”), State of California, has awarded to (“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
PAVEMENT REHABILITATION PROGRAM FY 2022-2023
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars ($ ), this amount being not less than the total Contract Price, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code
PAYMENT BOND (LABOR AND MATERIALS) LMB-2
Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
PERFORMANCE BOND PB-1
Bond No. __________
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Maywood (“City”), has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
PAVEMENT REHABILITATION PROGRAM FY 2022-2023
(Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this amount being not less than the
total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California
PERFORMANCE BOND PB-2
Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
PERFORMANCE BOND PB-1
WORKERS’ COMPENSATION
CERTIFICATE OF INSURANCE
WHEREAS, the City of Maywood (“City”) has required certain insurance to be provided by:
NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time:
1. This certificate is issued to:
City of Maywood
City Hall
_______________________________
______________, California ________
The insureds under such policy or policies are:
2. Workers’ Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows:
Policy Number Effective Date Expiration Date
By:
Its Authorized Representative
PERFORMANCE BOND PB-2
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”):
Name and address of insurance company (“Company”):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Maywood (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
PERFORMANCE BOND PB-3
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to City at:
City Manager
City of Maywood
City Hall
_____________________________
______________, California _______
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS
ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
□ General Liability Endorsement □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: if none,
so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
PERFORMANCE BOND PB-4
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”):
Name and address of insurance company (“Company”):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Maywood (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
PERFORMANCE BOND PB-5
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to City at:
City Manager
City of Maywood
City Hall
____________________________
___________, California _______
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS
ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on ______________ at 12:01 a.m. and forms a part of Policy Number _________.
I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
PERFORMANCE BOND PB-6
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured (“Named Insured”):
Name and address of insurance company (“Company”):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Maywood (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company’s liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
PERFORMANCE BOND PB-7
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to City at:
City Manager
City of Maywood
City Hall
_________________________________
_______________, California ________
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS
ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
□ Following Form
□ Umbrella Liability
□
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NUMBER AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:
13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
14. This is an □ occurrence or □ claims made policy (check one).
15. This endorsement is effective on ________ at 12:01 a.m. and forms a part of Policy Number ________.
PERFORMANCE BOND PB-8
I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Attachment No. 3 –
Project Location Map
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 19.
DATE: June 28, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: ROXANNE DIAZ, CITY ATTORNEY
SUBJECT: ADOPTION OF AN UNCODIFIED URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MAYWOOD IMPOSING A TEMPORARY MORATORIUM ON NO FAULTSUBSTANTIAL REMODEL EVICTIONS FOR CERTAIN RESIDENTIAL TENANCIES AND
DECLARING THE URGENCY THEREOF
RECOMMENDATION:
Staff recommends that the City Council move to waive full reading of Urgency Ordinance No. 23-06-U, and adopt Urgency Ordinance No. 23-06-U imposing a temporary moratorium on no fault, susbtantial remodel evictions and declare the urgency thereof.
BACKGROUND:
On October 13, 2019, Governor Newsom signed into law the California Tenant Protection Act of 2019 (AB 1482) to limit rent increases and prevent unjust evictions. In addition to establishing an annual statewide rent increase cap, it provides for eviction protections and relocation assistance for certain just cause evictions. The proposed Urgency Ordinance would establish a temporary moratorium on evictions for "substantial remodels" as the City continues to work on its comprehensive approach on rent stabilization.
DISCUSSION:
Governor Newsom signed into law the California Tenant Protection Act of 2019 ("AB 1482") to limit rent increases and prevent unjust evictions. In addition to establishing an annual statewide rent increase cap, it provides for eviction protections and relocation assistance for certain just cause evictions. AB 1482’s definition of just cause includes two categories: “at-fault” and “no-fault.” Under the law, a tenancy cannot be terminated unless the landlord demonstrates the existence of an at-fault or no-fault reason, complies with notice requirements, and, in the case of no-fault evictions, complies with relocation assistance requirements.
Under AB 1482, “intent to demolish or substantially remodel the residential real property” is a no-fault just cause. “Substantially remodel” is defined as follows:
"[t]he replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to vacate the residential real property for at least 30 days. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as substantial rehabilitation."
City Staff is currently working on a comprehensive ordinance to address not only rent increases but also tenant protections which will be on a future agenda for City Council review and action. Notwithstanding, City Staff is aware of a situation where a renter was provided an eviction notice based on “substantial remodel” but the City is not aware of any plans or permits for the proposed work. Accordingly, to provide a stop-gap measure while the City continues to work on its comprehensive approach on this matter, Staff has prepared a temporary renovation eviction moratorium ordinance for the City Council’s consideration. If adopted the Urgency Ordinance would go into effect immediately and would expire, if not extended, on September 28, 2023. The City has the authority under Civil Code Section 1946.2(g)(1)(B) to adopt a local ordinance regulating just cause evictions, as long as findings are made that the ordinance is consistent with the terms of AB 1482 and that the provisions of the local ordinance are more protective than AB 1482 in (i) limiting the reasons for just cause eviction, (ii) requiring higher relocation assistance amounts, or (iii) imposing additional tenant protections not prohibited by other provisions of law.
Because there are certain types of residential properties that are exempt from AB 1482's tenant protections, those properties would be exempt from the proposed Urgency Ordinance. In addition, the Urgency Ordinance would apply to all non-exempt residential rental units, including where a notice to vacate or to quit the rental unit has been served prior to the effective date of the ordinance, but where an unlawful detainer judgment has not been issued as of the effective date of the ordinance.
LEGAL REVIEW:
The City Attorney reviewed this report.
FISCAL IMPACT:
There is no fiscal impact involved with this report.
ATTACHMENT(S)
1. Urgency Ordinance No. 23-06-U Temporary Moratorium on No Fault-Substantial Remodel Evictions
URGENCY ORDINANCE NO. 23-06-U
AN UNCODIFIED URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF MAYWOOD IMPOSING A
TEMPORARY MORATORIUM ON NO FAULTSUBSTANTIAL REMODEL EVICTIONS FOR CERTAIN
RESIDENTIAL TENANCIES AND DECLARING THE
URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF MAYWOOD DOES ORDAIN AS
FOLLOWS:
WHEREAS, the City of Maywood (“the City”) is a general law city, incorporated under the laws of the State of California; and
WHEREAS, pursuant to its police power, the City may enact and enforce laws within its boundaries that promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws; and WHEREAS, the Tenant Protection Act of 2019, Assembly Bill 1481 (“AB 1482”), among other things, prohibits an owner of residential real property from terminating a tenancy without “just cause” (“Eviction Control Provisions”); WHEREAS, AB 1482’s Eviction Control Provisions are intended to “help families afford to keep a roof over their heads, and provide California with important new tools to combat our state’s broader housing and affordability crisis;” and WHEREAS, AB 1482’s Eviction Control provisions expressly permit a landlord to evict a tenant in order to ‘substantially remodel” the rental unit (Civil Code Section 1946.2(b)(2)(D)(i)) (hereinafter “Substantial Remodel Evictions”)’ and WHEREAS, AB 1482’s Eviction Control Provisions define “substantially remodel” to mean:
“the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to vacate the residential real property for at least 30 days.” WHEREAS, AB 1483, therefore, permits a landlord to evict a tenant to “substantially remodel” the rental unit and then raise rents above AB 1482’s rent caps when a new tenancy begins; and
WHEREAS, AB 1482’s Eviction Control Provisions expressly authorize local agencies like the City of Maywood to adopt local ordinance that are “more protective” than
AB 1482’s Eviction Control Provisions, in which the “more protective” local ordinance will apply to non-exempt residential real property;
WHEREAS, like many cities in Los Angeles County, the City of Maywood has housing affordability issues and homelessness that would be exacerbated by the displacement of renters; and
WHEREAS, many of the City’s renters are rent-burdened, paying over 30 percent of their income on rent, and some renters are severely rent-burdened, paying over 50 percent of their income on rent, which leaves less money for families to spend on other necessitates like food, healthcare, transportation, and education; and WHEREAS, in the City some tenants of residential real property have recently reported that their landlords have or are threatening to evict them for the alleged purpose of substantially remodeling their units; however, in one instance the City has not received applications for permits (i.e. building permits, grading permits, etc.) for remodeling work in those units; and
WHEREAS, the City is concerned that, without more “protective” local eviction control provisions, some landlords will exploit the Substantial Remodel Eviction exception to evict tenants and raise rent in a manner that is not consistent with current law and local ordinances; and
WHEREAS, since March 2020, the City in addition to the federal and state government, have been in an ongoing state of emergency due to the COVID-19 pandemic that has resulted in severe financial hardship for many of the City’s residents; and WHEREAS, since the lifting of the state of emergency orders, pandemic-related tenant protections under the County of Los Angeles and State of California have phased out; and
WHEREAS, the City is concerned that displacing tenants from habitable residences as they recover from the COVID-19 emergency will result in some tenants becoming unsheltered because they cannot find and/or afford replacement housing; and WHEREAS, pursuant to Government Code Sections 36934 and 36937, the City may adopt an urgency ordinance for the immediate preservation of the public peace, health or safety; and
WHEREAS, the threatened displacement of renters poses numerous threats to the public peace, health and safety; and
WHEREAS, a temporary moratorium on no-fault “substantial remodel” evictions while the City Council considers permanent local protections will prevent further homelessness and displacement;
WHEREAS, unless this ordinance take effect immediately as provided herein, there is a high likelihood that residential renters will be subject to economic hardship and potential displacement that may lead to homelessness to the detriment of the public health, safety and welfare; and
WHEREAS, Government Code Sections 36934 and 36937 authorize the City to adopt an Urgency Ordinance for the immediate preservation of the public peace, health and safety, provided that such Urgency Ordinance is passed by a four-fifths vote of the City Council; and
WHEREAS, for all these reasons, inter alia, the City Council finds there is a current and immediate threat to the public peace, health and safety and that increases in rent for certain residential tenancies would result in that threat to the public peace, health and safety absent implementation of the restrictions contained in this ordinance. Accordingly, there is an urgent need for the immediate preservation of the public peace, health, and safety to enact this ordinance on an urgency basis.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MAYWOOD DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals. The recitals above are true and correct and incorporated herein by this reference as if set forth in full.
Section 2. Findings. The City Council finds that the adoption of this Urgency ordinance is necessary for the immediate preservation of the public peace, health and safety as follows:
A. According to the Center on Budget and Policy Priorities, the COVID-19 pandemic has resulted in “economic fallout” that “caused significant hardship” in that tens of millions of people lost their jobs. While employment began to rebound, near the end of 2021, there is considerable unmet need with 10 million households behind on rent.
B. Independent of the COVID-19 crisis, the City is experiencing housing affordability issues, which can drive homelessness and the displacement of residents.
C. When a household spends more than 30 percent of its income on housing costs (i.e. is “rent burdened”), it has less disposable income for other necessities such as healthcare, food, transportation, child-care and education. In the event of unexpected circumstances, such as loss of income or health problems, household with a burdensome housing cost are more likely to become homeless. In Maywood, many of the City’s renters are rent-burdened, paying over 30 percent of their income on rent, and some renters are severely rent-burdened, paying over 50 percent of their income on rent, which leaves less money for families to spend on other necessitates like food, healthcare, transportation, child care and education.
D. As the cost of housing in Southern California continues to rise, homelessness has become more prevalent. One of the most effective ways to address homelessness is to prevent individuals and families from becoming homeless in the first place. The City has various resources to assist families threatened with homelessness.
E. The City has determined through direct tenant complaints and information available on a regional basis, that tenants throughout the Los Angeles County region have reported experiencing a surge of eviction notices and threats of evictions premised on AB 1482’s Substantial Remodel Eviction exception. In response to such threats and notices, other Los Angeles County cities, including the County of Los Angeles, the cities of Los Angeles, Long Beach, Claremont, South Pasadena, Pomona and Alhambra, have adopted urgency ordinances or are actively considering urgency ordinances aimed at protecting tenants from illegitimate Substantial Remodel Evictions and/or increasing the amount of tenant relocation assistance landlords must provide for Substantial Remodel Evictions. The City has also learned that some residential tenants in Maywood are experiencing this type of eviction for the alleged purpose of substantially remodeling their units.
Accordingly, the above facts, including those in the Recitals, constitute a current and immediate threat to the public peace, health and safety of the City, within the meaning of Government Code Section 36937(b). In light of these facts, the City Council finds that an urgency ordinance is necessary and essential to prevent the irreparable injury tenants and the community in general would suffer due to Substantial Remodel Evictions, including without limitation, housing insecurity and homelessness for the displaced tenants. The City Council declares that this urgency ordinance is necessary for the immediate preservation of the public peace, health and safety of the community.
Section 3. Temporary Moratorium on Certain “No Fault” Evictions. A temporary moratorium on no-fault evictions of certain residential tenants is hereby approved, adopted and imposed as follows:
A. Moratorium. During the period this moratorium is in effect, a landlord shall not terminate the tenancy of a residential tenant based on an intent to “substantially remodel” the residential real property or individual residential unit, as “substantially remodel” is defined in Section 1946.2(b)(2)(D) of the California Civil Code.
B. Exceptions.
1. This moratorium shall not apply to the termination of a tenancy if the tenant does not qualify for the protections of Assembly Bill 1482, as codified in Section 1946.2(a) of the California Civil Code.
2. This moratorium shall not apply to any type of residential real property or residential circumstance that is exempt from AB 1482’s just cause eviction requirements as codified in Section 1946.2(e) of the California Civil Code.
3. This moratorium shall not apply to termination of tenancies so the property owner can perform work that meets AB 1482’s definition of “substantial remodel”
and is necessary to bring the property into compliance with applicable codes and laws affecting health and safety of tenants of the building, or under an outstanding notice of code violations affecting the health and safety of tenants of the building. A tenancy shall not be terminated pursuant to this exception unless and until all of the following prerequisites have been met:’
a. Building permits and/or any other applicable permits have been secured and issued from the City of Maywood in advance prior to the issuance of any eviction notices;
b. The tenant has been provided with copies of the permits; and c. The tenant has been provided with a written detailed account of the scope of work, why the work cannot be reasonably accomplished in a safe manner with the tenant in place, and why the work cannot be completed within 30 days.
C. Affirmative Defense. If a landlord initiates an unlawful detainer (eviction) action against a residential tenant in the City of Maywood who is protected by this Urgency Ordinance, the tenant may assert this Urgency Ordinance as an affirmative defense in that action.
Section 4. Relationship to AB 1482. The City Council finds and declares that this Urgency Ordinance is more protective than Section 1946.2. Consistent with AB 1482 and as authorized by 1946.2(g), this Urgency Ordinance will temporarily prohibit certain no-fault evictions to allow the City time to study, develop and consider adoption of permanent requirements based on a property owner’s intent to substantially remodel or demolish the residential real property.
Section 5. Effective Date and Applicability. This Ordinance is an urgency ordinance for the immediate preservation of the public peace, health, and safety within the meaning of Government Code Section 36937(b), and therefore shall be passed immediately upon its introduction and shall become effective immediately upon its adoption by a four-fifths vote of the City Council. The provisions of this Urgency Ordinance shall apply to all residential rental units not specified in Section 3 to be exempt, including where a notice to vacate or to quit any rental unit has been served prior to, as of, or after the effective date of this Urgency Ordinance, bur where an unlawful detainer judgment has not been issued as of the effective date of this Urgency Ordinance.
Section 6. Term of Urgency Ordinance. This Urgency Ordinance shall be in effect until September 28, 2023, unless further extended.
Section 7. Uncodified. This Ordinance shall not be codified.
Section 8. Inconsistent Provisions. Any provision of the Maywood Municipal Code or appendices the o that conflicts with the provisions of this Urgency Ordinance, to the extent of such conflict and no further, is hereby repealed or modified to the extent necessary to implement the provisions of this Urgency Ordinance.
Section 9. Severability. If any section, subsection, sentence, clause, or phrase of this Urgency Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Urgency Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
Section 10. California Environmental Quality Act. The City Council finds and determines that this Urgency Ordinance is not subject to the requirements of California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2), constituting an activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment, and pursuant to Section 15060(c)(3) constituting an activity that is not a project as defined in Section 15378.
Section 11. Certification and Publication. The City Clerk shall certify to the passage and adoption of this Urgency Ordinance and shall cause the same to be published or posted in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Maywood at the regular meeting of this 28th day of June, 2023. ____________________________
Frank Garcia, Mayor
ATTEST:
_______________________________
Andrea Aguilar, City Clerk
APPROVED AS TO FORM:
___________________________
Roxanne Diaz, City Attorney
I, Andrea Aguilar, City Clerk of the City of Maywood, do hereby certify that the foregoing Urgency Ordinance was adopted at a regular meeting of the City Council of the City of Maywood held on the 28th day of June, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________________
Andrea Aguilar, City Clerk