Check No.
PrepaidsP Date Vendor Name Check Amt Transaction Description Fund Code 7/19/2023 Perez Plumbing 1,265.00 Install new motorfor
restroom fan at the library
General Fund 100
7/19/2023 Perez Plumbing 625.00 Installation of sink at PW Yard
General Fund 100
091083 7/19/2023 Phoenix Group
Information Systems
9,254.30 May 2023 Citation
Processing Fee
General Fund 100
7/19/2023 Phoenix Group
Information Systems
3,576.10 May 2023 Permit
Processing Fee
General Fund 100
091084 7/19/2023 QDoxs 118.53 FY23-24 Contract Base
Rate charge for 7/1/23-
7/31/23
General Fund 100
091085 7/19/2023 Raul Rodriguez 50.00 Planning Commissioner Stipend- Raul Rodriguez
6-20-23
General Fund 100
091086 7/19/2023 Roadline Products
Inc.
102.93 Replace damaged hose
to paint machine
General Fund 100
7/19/2023 Roadline Products
Inc.
1,086.20 Gas Tax Funds use for
Public Works Supplies
Gas Tax - 2103,
2105, 2107, 2106,
2107.5 Fund
212
7/19/2023 Roadline Products
Inc.
1,473.50 Post and anchors for
street signs
Gas Tax - 2103,
2105, 2107, 2106,
2107.5 Fund
212
091087 7/19/2023 Ron's Maintenance
Inc
1,870.00 Catch Basins/ Storm
Drain Stencil Work City
wide
Measure W Safe
Clean Water
Program Fund
280
091088 7/19/2023 Richards Watson &
Gershon
88.80 Professional Services0007 May 2023General Fund 100 7/19/2023 Richards Watson &
Gershon
4,301.54 Professional Services0010 May 2023General Fund 100 7/19/2023 Richards Watson &
Gershon
4,500.80 Professional Services0012 May 2023General Fund 100
Check No.
PrepaidsP Date Vendor Name Check Amt Transaction Description Fund Code 7/19/2023 Richards Watson &
Gershon
6,424.23 Professionall Services0001 for May 2023General Fund 100 7/19/2023 Richards Watson &
Gershon
384.80 Professionall Services0013 May 2023General Fund 100 091089 7/19/2023 Sanchez Awards 39.69 Name Plates for Staff General Fund 100 091090 7/19/2023 So. California
Association of
Governments
3,105.00 SCAG Membership Dues
for Calendar Yr 2023-
2024
General Fund 100
091091 7/19/2023 Stantec Planning &
Landscape
Architecture
32,309.25 Invoice for EN-350
Slauson Ave and Atlantic
Blvd Congestion
Measure R Transit
Fund
224
091092 7/19/2023 Staples Business
Advantage
701.48 Office Supplies for
Finance Dept.
General Fund 100
091093 7/19/2023 The Gas Company 33.20 4317 Slauson Ave. 06/07/23-07/07/23
General Fund 100
7/19/2023 The Gas Company 47.65 4319 Slauson Ave. City
Hall -06/07/23-07/07/23
General Fund 100
7/19/2023 The Gas Company 40.76 4319 Slauson Ave.
Lybrary -06/07/23-
07/07/23
General Fund 100
091094 7/19/2023 Quadient Finance
USA Inc.
1,057.52 Acct#
7900011002060328
Postage Machine 5/26/23-
6/23/23
General Fund 100
091097 7/19/2023 Transtech
Engineers Inc
312.00 201007 May I 710
Integrated Corridor
Management- June 2023
General Fund 100
7/19/2023 Transtech
Engineers Inc
624.00 20846 Maywood City
Engineering ServicesJune 2023
General Fund 100
Check No.
PrepaidsP Date Vendor Name Check Amt Transaction Description Fund Code 7/19/2023 Transtech
Engineers Inc
234.00 20846 Maywood City
Engineering ServicesMay 2023
General Fund 100
7/19/2023 Transtech
Engineers Inc
14,070.00 20919 May PW
Encroachment Permit
Insp. Serv. June 2023
General Fund 100
7/19/2023 Transtech
Engineers Inc
5,427.00 20919 May PW
Encroachment Permit
Insp. Serv. May 2023
General Fund 100
7/19/2023 Transtech
Engineers Inc
435.00 210005 MAY CIP
Management Services
Master JN- June 2023
General Fund 100
7/19/2023 Transtech
Engineers Inc
2,498.75 210065 May Baseball
Field ImprovementsJune 2023
General Fund 100
7/19/2023 Transtech
Engineers Inc
3,475.00 210065 May Baseball
Field Improvements- May
2023
General Fund 100
7/19/2023 Transtech
Engineers Inc
156.00 210150 May
Encroachment Permit
May 2023
General Fund 100
7/19/2023 Transtech
Engineers Inc
7,344.00 210792 May Building and
Safety Staff Serv- June
2023
General Fund 100
7/19/2023 Transtech
Engineers Inc
6,528.00 210792 May Building and
Safety Staff Serv- May
2023
General Fund 100
7/19/2023 Transtech
Engineers Inc
78.00 210917 May HVAC
Replacement ProjectMay 2023
General Fund 100
Check No.
PrepaidsP Date Vendor Name Check Amt Transaction Description Fund Code 7/19/2023 Transtech
Engineers Inc
1,787.00 211287 May ATP CYC 5
Coordination and Bike
Master- June 2023
General Fund 100
7/19/2023 Transtech
Engineers Inc
871.00 211287 May ATP CYC 5
Coordination and Bike
Master- May 2023
General Fund 100
7/19/2023 Transtech
Engineers Inc
156.00 220572 MAY Misc Traffic
Engineering, Studies and
ETC- May 20
General Fund 100
7/19/2023 Transtech
Engineers Inc
658.00 220878 May I710 CorridorJune 2023General Fund 100 7/19/2023 Transtech
Engineers Inc
6,511.50 230353 MAY Successor
Agency District Building
Demolition CMC
General Fund 100
7/19/2023 Transtech
Engineers Inc
156.00 230515 MAY NEXT GEN
SIGNAL PRIORITY- June
2023
General Fund 100
7/19/2023 Transtech
Engineers Inc
78.00 230515 MAY NEXT GEN
SIGNAL PRIORITY- MAY
2023
General Fund 100
7/19/2023 Transtech
Engineers Inc
468.00 201034 MAY SLAUSON
TSSP PROJECT
Gas Tax - 2103,
2105, 2107, 2106,
2107.5 Fund
212
7/19/2023 Transtech
Engineers Inc
312.00 201047 MAY TSSP June
2023
Gas Tax - 2103,
2105, 2107, 2106,
2107.5 Fund
212
7/19/2023 Transtech
Engineers Inc
624.00 201047 MAY TSSP MAY
2023
Gas Tax - 2103,
2105, 2107, 2106,
2107.5 Fund
212
Check No.
PrepaidsP Date Vendor Name Check Amt Transaction Description Fund Code 7/19/2023 Transtech
Engineers Inc
4,006.50 20901 May CIP Slauson
Ave. Corridor IMP June
2023
Gas Tax - 2103,
2105, 2107, 2106,
2107.5 Fund
212
7/19/2023 Transtech
Engineers Inc
1,221.00 20901 May CIP Slauson
Ave. Corridor IMP May
2023
Gas Tax - 2103,
2105, 2107, 2106,
2107.5 Fund
212
7/19/2023 Transtech
Engineers Inc
13,414.50 220071 May FY22-23
Pavement Rehabilitation
Des- June 2023
Measure R Transit
Fund
224
7/19/2023 Transtech
Engineers Inc
23,682.00 220071 May FY22-23
Pavement Rehabilitation
Des- May 2023
Measure R Transit
Fund
224
7/19/2023 Transtech
Engineers Inc
1,595.00 230019 May SidewalkCurb Ramp ADA IMP
CDBG FY22-23- June
202
CDBG 243
7/19/2023 Transtech
Engineers Inc
1,015.00 230019 May SidewalkCurb Ramp ADA IMP
CDBG FY22-23- Mayl
202
CDBG 243
7/19/2023 Transtech
Engineers Inc
470.00 221198 May Clean
California Grant DesignMay 2023
Federal / State /
County Grants
261
7/19/2023 Transtech
Engineers Inc
2,079.00 230628 May Clean
California Grant Design
Phase-June 2023
Federal / State /
County Grants
261
7/19/2023 Transtech
Engineers Inc
780.00 210314 May Sewer
Charge Assessment
District- June 2023
Sewer Enterprise
Fund
412
Check No.
PrepaidsP Date Vendor Name Check Amt Transaction Description Fund Code 7/19/2023 Transtech
Engineers Inc
602.00 210314 May Sewer
Charge Assessment
District- May 2023
Sewer Enterprise
Fund
412
7/19/2023 Transtech
Engineers Inc
282.00 210795 MAY Sewer
Improvements 52nd St
and other locations- J
Sewer Enterprise
Fund
412
7/19/2023 Transtech
Engineers Inc
188.00 210795 MAY Sewer
Improvements 52nd St
and other locations- M
Sewer Enterprise
Fund
412
091098 7/19/2023 U.S. Bank
Corporate Payment
System
10,611.27 Acct.5074 and 4057 Cred
Crd-6/15/23 stmt
General Fund 100
7/19/2023 U.S. Bank
Corporate Payment
System
2,087.93 Acct.5074 and 4057 Cred
Crd-6/15/23 stmt
CDBG 243
091099 7/19/2023 ULINE INC. 623.75 Public Works Equipment Pallet Jack
General Fund 100
091100 7/19/2023 Vernon City of 72.41 Acct. #413 E.
Slauson/Downey Ave.
4/17/23-5/15/23
General Fund 100
7/19/2023 Vernon City of 36.32 Acct. #414
Slauson/Downey 4/19/23-
5/17/23
General Fund 100
091101 7/19/2023 Tri-City Mutual
Water Company
60.96 Utility Assistance
Program Nelba &
Eduardo Perez Acct.
083.0
CDBG 243
091102 7/19/2023 Xerox Financial
Services
589.12 FY23-24 Xerox Copier
Lease Payments- 6/30/23-
7/29/23
General Fund 100
Report Total 1,040,362.45
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 5.
DATE: July 26, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: CLAUDIA ZAVALA, COMMUNITY SERVICES LIAISON
SUBJECT: CONSIDERATION OF APPROVING THE COMMUNITY BENEFIT FUND
APPLICATION FROM MAYWOOD ACADEMY HIGH SCHOOL MARCHING BAND IN THE AMOUNT OF $7,000.
RECOMMENDATION:
Staff recommends that the City Council approve the Community Benefit Fund Application from Maywood Academy High School Marching Band in the amount of $7,000.
BACKGROUND:
The Application is dated June 14, 2023, and was received by email from the applicant. The City of Maywood has established a “Community Based Fund” to support community-based programs and activities. Applicant eligibility is determined by the City’s Community Benefit Fund Guidelines and Procedures (“Guidelines”) for the distribution of funds to eligible organizations that provide community-based programs, community activities and educational activities.
Maywood Academy High School Marching Band applied for the Community Benefit Fund on June 22, 2022, and was granted funds in the amount of $7,000.00, to help with the purchases of bus transportation to various events, equipment repair, parade entry fees and special guest instructors to improve student’s ability. The funds provided by the City allowed them to repair instruments and allowed the band to perform at various competitions.
The Maywood Academy Marching Band proudly showcased the talent and spirit of Maywood at two Citysponsored events in 2022. They represented our community at the LA Unified School District Beyond The Bell "Band and Drill Team City Championships," where they placed 2nd in the competition. Additionally, they participated in the West High School Invitational Field Tournament in Torrance, demonstrating their excellence and earning another impressive 2nd place. The band's hard work and dedication paid off when they secured the 1A Red Championship at the LA City Championship. This outstanding achievement reflects their commitment to musical excellence and their unwavering passion for representing Maywood with pride.
DISCUSSION:
The applicant states that Maywood Academy High School Marching Band is requesting funds to be used to provide bus transportation, instrumental repair, parade entry fees, event fees, special guest instructors to improve student’s ability.
These funds will allow students from Maywood the opportunity to perform outside their community, gain
experience performing and meeting people from other areas in Los Angeles and Southern California preparing students for college.
Qualification Review
Per the grant guidelines, the applicant, Maywood Academy High School Marching Band, is eligible as it is a school that provides programs and services to residents of the city. In addition, per the Grant guidelines, the maximum amount will be no more than $5,000. However, in limited circumstances, the City Council has the discretion to award grants in the amount not to exceed $10,000.00.
Maywood Academy High School Marching Band has been in existence since 2019 and is a school located within the City that provides education to students in grades 9th – 12th. They meet all the grant requirements.
Accordingly, based on the documentation provided by the applicant in support of their application, staff recommends that the City Council approve their request.
LEGAL REVIEW:
The City Attorney has not yet reviewed this report.
FISCAL IMPACT:
The City currently has budgeted $75,000 in the Community Benefit Fund for fiscal year 2023/2024. To date, $0 has been spent from this account. Therefore, there is an adequate budget, and no additional budget appropriation is needed.
F.Y. 23-24 Impact: $0 Current F.Y. Budget: $75,000
Fund Impacted: 100-General Fund Budget adjustment requested: $0 Source of funds: 302-Community Services Updated Account Budget:
Account Number: 6301-Community Benefit Fund For fiscal year: 2023/2024
ATTACHMENT(S)
1. Maywood Academy CBF_FY23_24
2. Community Benefit Fund Guidelines and Procedures12.2021
CITY OF MAYWOOD
COMMUNITY BENEFIT FUND
GUIDELINES AND PROCEDURES
1 Rev. 2/2022
I. BACKGROUND
The City of Maywood has established a “Community Benefit Fund” to support community based programs and activities.
II. PURPOSE
The purpose of this policy is to provide guidelines and procedures for the distribution of public funds, which will in turn fun community programs, activities and educational activities conduct by Eligible Organizations that meet the requirements and guidelines set forth by the City Council in this policy.
III. ELIGIBILITY AND POLICY
A. Eligible Organizations. The requesting organization must be: (1) a non-profit agency as defined by the Internal revenue Service (IRS) with a tax exempt status of 501(c)(3) and is in good standing in the State of California based in the City or provides programs or services to residents of the City; a school or school-based/affiliated organization located in the City; or other City-based organization such as athletic organizations or community groups (collectively called “Eligible Organizations”); (2) must be in existence prior to submittal of an application; and (3) must have a record of successfully providing the type of service, activity or program for which funding is requested.
B. Eligible Services and Activities. To apply for a grant under the City Community Benefit Fund, the Eligible Organization must provide a program, service, activity, event or other similar activities that have a benefit to the residents of the City of Maywood or the specified target group within the City by: (i) enhancing the quality of life or the delivery of services in the City; or (ii) providing educational opportunities for the residents or students of the City. Categories of services and activities eligible for grants include but are not limited to educational programs, cultural activities (i.e. music, art, dance, recreation), youth athletics, civic projects, health and safety programs, services sponsored by Maywood community organizations and public services (i.e. senior services, youth programs, health services). If the request relates to a community event, the event must be advertised and open to the public. Grants will be awarded in maximum amounts of no more than $5,000. In limited circumstances, the City Council has the discretion to award grants in an amount not to exceed $10,000.
C. Restrictions and Ineligible Organizations.
1. Grants shall not be used for religious activities or political campaigning purposes or activities.
2. A non-profit entity, a school or school-based/affiliated organization or other City-based organizations such as athletic organizations or community groups that have
2 Rev. 2/2022
CITY OF MAYWOOD
COMMUNITY BENEFIT FUND
GUIDELINES AND PROCEDURES
as a member of their board or executive leadership a City employee, a City elected or appointed official or members of their family, are not eligible to apply for a Community Benefit Fund grant. Family members include spouse or domestic partner, child, parent, grandparent, grandchild, cousin, aunt, uncle, sibling, niece, nephew, parent-inlaw,brother-in-law or sister-in-law, as well as all step relationships.
D. City Projects. This policy does not preclude the City from undertaking and funding projects on its own initiative that would be a benefit to the community.
IV. APPLICATION PROCEDURES
A. Submittal of an Application. Applicants must use the Community Benefit Fund application form. Forms are available on the City website at www.cityofmaywood.org and at Maywood City Hall at 4319 E. Slauson Avenue, Maywood, CA 90270.
Applications may be requested by email at [email protected] B. Application Deadline. The City Council will have quarterly application cycles available to consider requests contingent upon monies being available under the program. The application cycles and deadlines are as follows:
Application Cycle
Quarter 1: July 1 - September 30 June 1
Quarter 2: October 1 - December 31 September 1
Quarter 3: January 1 - March 30 December 1
Quarter 4: April 1 - June 30 March 1
Application Deadline
The application must be submitted by 5:00 p.m. on the applicable deadline date addressed to: City of Maywood, Attention: Community Benefit Fund via City Manager’s Office, 4319 E. Slauson Avenue, Maywood, CA 90270.
C. General Information.
1. Applicants may apply for funds during any application cycle.
Notwithstanding, funds must be requested and spent during the same fiscal year in which the award was approved by the City Council.
2. Organizations may submit only one application per fiscal year.
3. Funding to an Eligible Organization will not constitute a precedent for contributions in subsequent fiscal years.
CITY OF MAYWOOD
COMMUNITY BENEFIT FUND
GUIDELINES AND PROCEDURES
3 Rev. 2/2022
V. EVALUATION OF APPLICATION AND SELECTION PROCESS
A. Review of Applications. Following the application deadline, City Staff will review the applications. Applicants may be contacted if further information is requested, to answer questions, clarify their application, etc. All applications will be evaluated to ensure that the applicant is an “Eligible Organization” and that purpose for which the grant is sought is consistent with this policy. Applications and recommendations of Staff, if any, will be presented to the City Council during a regular scheduled City Council meeting for the Council’s consideration and approval.
B. City Council Action. The City Council will take final action on award of all grants and maintains the discretion to fund in whole or in part any request or not to fund any or all requests during the Application Cycle. Alternatively, the City Council may hold-over any application into the next Application Cycle. In the case of multiple applications that are competing for limited available funds, consideration may be given to applications based on the following criteria: (i) the number of residents who are expected to benefit, participate in or be positively impacted by the program; (ii) the performance of the applicant in prior years, including demonstrated fiscal responsibility and compliance with applicable requirements; (iv) the amount of funding previously award to the applicant or the program or event in prior years; and (v) the total amount of funding requested as a proportion of the total available funds for the applicable fiscal year.
VI. POST AWARD REQUIREMENTS
A. Agreement. All Eligible Organizations elected to receive funds will be required to sign and execute an agreement with the City of Maywood.
B. Reporting. Eligible Organizations must complete a report, within 45 days of fund expenditure, describing the use of the grant and amount expended, the number of participants in the event or program, copies of any publicity of the event or program, and a narrative regarding the benefit to the City of Maywood. The City reserves the right to conduct an audit and/or require additional back-up information to substantiate how funds received from the City were expended. Failure to submit this required report will make the Eligible Organization ineligible for allocation of future funds until the required report is submitted. These reports will be reviewed and taken into account for evaluating subsequent funding proposals from that entity.
C. Request for Funds. The Eligible Organization receiving the funds is responsible for submitting a funds request to the City’s Finance Director and shall allow the City up to 30 days to process the request. If a third-party vendor is the recipient of the funds (i.e. bus company used for field trip), then the request shall include the information regarding that vendor including their Tax Identification Number and the check shall be made payable to that vendor. If the grant is to be used to purchase tangible goods or services, the City has the discretion to purchase the goods or services directly and
CITY OF MAYWOOD
COMMUNITY BENEFIT FUND
GUIDELINES AND PROCEDURES
4 Rev. 2/2022
pass-through the goods or services to the Eligible Organization rather than provide the funding.
D. Return of Funds to the City. Unexpended funds must be returned to the City at the end of the fiscal year. Funds must also be returned to the City if the City determines that the applicant has not performed in accordance with the approved application listing the use of the funds.
E. Failure to Abide by Policy. The failure of an Eligible Organization to abide by this Policy will result in the Eligible Organization being denied for funding in the future.
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 6.
DATE: July 26, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: MIGUEL LEON, ADMINISTRATIVE ANALYST
SUBJECT: AUTHORIZATION TO ADVERTISE REQUEST FOR PROPOSALS (RFP) FOR
CROSSING GUARD SERVICES
RECOMMENDATION:
Staff recommends that the City Council authorize the issuance of a Request For Proposals (RFP) to provide Crossing Guard Services for Fiscal Years (FY) 2023-2026.
BACKGROUND:
On October 16, 2019, the City of Maywood approved the crossing guard agreement, and American Guard Services, Inc (AGS) provided crossing guard services. AGS has maintained a high level of service through staff interactions with school district employees, parents, crossing guard managers, and crossing guards.
During the term of the proposed agreement, crossing guards are stationed at nine (9) LA Unified School District sites designated by the City.
DISCUSSION:
The quality of the current crossing guard service provider is satisfactory; however, it is prudent for the city to seek competitive bids.
RFP Timeline
The following is the target timeline for the RFP release, proposal review, and return to the City Council:
• July 27: RFP issued by City
• August 03: Deadline for questions (3:00 PM PST)
• August 15: Proposal due date (3:00 PM PST)
• August 18: City completes proposal review/evaluation
• August 2023: City Council award
• August/September 2023: Tentative start date
Staff will review all proposals and present a recommendation at a subsequent meeting to award the contract.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
There are no fiscal impacts in authorizing the issuance of a Request For Proposals (RFP) to provide Crossing Guard Services for Fiscal Years (FY) 2023-2026.
ATTACHMENT(S)
1. City of Maywood Crossing Guard RFP
CITY OF MAYWOOD
REQUEST FOR PROPOSALS
TO PROVIDE
CROSSING GUARD SERVICES
Date of Issuance: July 27, 2023
RESPONSES MUST BE RECEIVED NO LATER THAN
Wednesday, August 16, 2023, by 3:00 PM
DELIVER OR MAIL TO:
City of Maywood
City Clerk’s Office
Attn: [email protected]
4319 E. Slauson Avenue
Maywood, CA 90270
1 TABLE OF CONTENTS
I. PURPOSE .............................................................................................................1 II. BACKGROUND .....................................................................................................1 III. GENERAL REQUIREMENTS................................................................................1 IV. SCOPE OF SERVICES .........................................................................................2 V. SCHEDULE ...........................................................................................................4 VI. LIST OF INTERESTED PROPOSERS..................................................................4 VII. QUESTIONS..........................................................................................................4 VIII. SUBMITTAL PROCEDURES ................................................................................5 IX. SUBMITTAL FORMAT...........................................................................................5 X. AGREEMENT FOR PROFESSIONAL SERVICES ...............................................7 XI. GENERAL ADMINISTRATIVE INFORMATION ....................................................7 XII. SUBMITTAL DUE DATE........................................................................................8 XIII. SELECTION PROCESS ........................................................................................8 XIV. AUTHORITY TO WITHDRAW ...............................................................................9 XV. AWARD OF CONTRACT.......................................................................................9 XVI. ATTACHMENTS ....................................................................................................9
1 I. PURPOSE
The City of Maywood is soliciting Requests for Proposals (RFP), from the most-qualified firms, with a minimum of five years of professional experience to provide Crossing Guard Services at select LA Unified School District sites designated by the City as outlined in this request for proposals. In response to this Request for Proposals (RFP), the City of Maywood is inviting your company to submit a proposal. The proposal must comply with this RFP's format and content. All parts of a proposal must be submitted as a complete package for evaluation.
II. BACKGROUND
The City of Maywood at 1.18 square miles is the third-smallest incorporated city in Los Angeles County, which lies by the major (I-710) freeway and is located next to the east of Los Angeles. Incorporated in 1924, Maywood is a small Gateway City in Los Angeles County with a residential community population of approximately 27,000. The City is governed by a five member City Council and is administered by the City Manager.
The City of Maywood is seeking formal proposals from qualified firms for Crossing Guard Services for a period of three (3) years commencing the 2023‐2024 school year (the first day of school will be August 2023). The City may extend the contract for up to two additional optional years upon successful demonstration of exemplary performance at its sole discretion. This RFP describes the required scope of services and the minimum information that must be included in the proposal.
III. GENERAL REQUIREMENTS
A. Respondents shall have at least five (5) years of consecutive experience in providing Crossing Guard Services and describe the firm’s experience in providing similar 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.
D. The submittal should be typed and as brief as possible while adequately describing the qualifications of the Contractor.
E. Proposals are to be submitted in the same envelope, clearly marked with the Contractor’s name, address and phone number. Only one proposal per Contractor will be considered.
2 IV. SCOPE OF SERVICES
A. Overview
The City of Maywood is seeking the services of a qualified firm with at least five years' experience in crossing guard management services at school sites designated by the City of Maywood in conjunction with the Los Angeles Unified School District (LAUSD). As part of the proposal, the proposer or firm shall monitor, supervise, and provide qualified crossing guards at nine (9) locations to ensure the safety of children who cross intersections and crosswalks while moving to and from the school zones.
Approximately 140 hours of crossing guard service would be provided weekly, with the number decreasing or increasing in accordance with school district schedules, traffic volume, and the City's needs. An academic year consists of 36 weeks of instruction a year, which totals 180 school days a year. The contractor will receive a calendar and bell schedule from the school district. Services are expected to be provided on all regularly scheduled school days between August 2023 and June 2026, with an option for two additional years.
B. Requirements
It is essential that the proposed solution addresses the following requirements:
• Ensure the hiring, management, training, and provision of necessary materials and supplies to crossing guards.
• Provide supervisory personnel to oversee the activities of the crossing guards to ensure crossing guards are present at the required times and locations.
• Training shall also cover general traffic safety for pedestrians and motorists, as well as crossing guard training.
o Copies of all training certificates must be provided prior to contract execution.
• All individuals employed in this program will be employees of the contractor. o Pre-employment screening should include the following components:
▪ Verification of employment references
▪ No prior convictions for felony offenses
▪ Provide criminal background checks and fingerprinting services
▪ Social security verification
3 • The proposal must include a list of all equipment that will be used by the crossing guards. The City requires the Contractor to provide safety vests with reflective tape, stop signs, whistles, rain gear, and identification badges.
• Contractors submitting a proposal must become familiar with the applicable schools and locations to fully comprehend the site and determine the range of hours for crossing guard services.
• Contractor shall provide the City a crossing guard assignment schedule twice a year in August to reflect the regular school year, and in June to reflect the summer session.
C. Crossing Guards
According to the City and LAUSD school calendars, every crossing guard post will be covered by crossing guards and alternate crossing guards. The Contractor will recruit, select, and employ crossing guards and alternate crossing guards as required. The Contractor determines the suitability and qualifications of the guards hired through the application process. The selected Contractor must ensure that all crossing guards employed under this contract possess the qualifications defined in the specifications in accordance with the scope of services.
D. Program Management
As necessary, the Contractor will provide a program manager to ensure competent and effective crossing guard services are provided. As part of the selection process, it is understood and agreed that the Contractor has committed to assigning specific individuals to manage the crossing guard program. The City must be notified of any changes to this assignment.
E. Location(s)
All locations are subject to change at the City of Maywood's discretion. It is the city's discretion to add or remove intersections as needed. The City currently provides crossing guards for approximately three hours during arrival and dismissal times at nine locations/intersections throughout the City. The following are the locations of the schools:
1. Nueva Vista Elementary School, intersection of Randolph and Pine (15. hrs.)
2. Loma Vista Elementary School, intersection of Loma Vista and 58th Street (15. hrs.)
3. Loma Vista Elementary School, intersection of Loma Vista and 57th Street (15. hrs.)
4. Loma Vista Elementary School, intersection of Slauson Avenue and Loma Vista (15. hrs.)
4 5. Heliotrope Elementary School, intersection of Slauson Avenue and Heliotrope (15. hrs.)
6. Fishburn Elementary School, intersection of Slauson Avenue and Fisburn (15. hrs.)
7. Intersection of Mayflower and Slauson Avenue (15. hrs.)
8. Intersection of King Avenue and Slauson Avenue (15. hrs.)
9. Maywood Elementary School, intersection of Slauson Avenue and Fishburn (15. hrs.)
V. SCHEDULE
Deadlines
Release of Requests for Proposals Thursday, July 27, 2023 Submittal of Questions Thursday, August 3, 2023 by 3:00 pm City Response to Questions Tuesday August 08, 2023
Proposal Due Date Wednesday August 15, 2023 by 5:00 pm
Proposal Review/Evaluation Week of 14, 2023
Optional Interview (if required) Week of July 14, 2023* Tentative award of contract Wednesday, August 23 2023
Tentative Start date August/September 2023*
*These dates are anticipated and may change.
VI. LIST OF INTERESTED PROPOSERS
The full content of the RFP is available through the City website at www.cityofmaywood.org. If addendums are necessary, they will be posted onto the previously mentioned websites as well. All respondents interested in proposing on this RFP are encouraged to sign-up on the "List of Interested Proposers" for the project. This list will be used to email any project updates, addendums, changes or responses to written inquiries and will be distributed to all interested contractors. To get on the list please email [email protected] or call, (323) 562-5747.
VII. QUESTIONS
All questions regarding this RFP shall be submitted in writing by email to: Miguel Leon, Administrative Analyst: [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.
5 VIII. SUBMITTAL PROCEDURES
Submittals shall comply with all conditions, requirements and specifications contained herein, with any departure rendering the proposal non-responsive and may serve as grounds for rejection of the proposal at the City’s sole discretion. The submittal shall contain the name of this RFP and Respondents shall provide two (2) copies of the of the proposal (one bound and one unbound), single sided.
All proposal submittals shall be mailed or delivered and received by the City no later than Wednesday, August 15 by 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 (searchable PDF format) by the same date and time to Deputy City Clerk, Daisy Guerrero, [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. City reserves the right to request additional information that, in the City’s opinion, is necessary to ensure that the Proposer’s competence, qualified employees, business organization and financial resources are adequate for the performance of the services under this RFP.
A. WORK PROPOSAL
1. Cover Letter
a. Provide a cover letter including the Respondent’s name, address and telephone number of the contact person(s) who is authorized to submit the proposal on behalf of the
Respondent. The cover letter shall include a brief general statement of intent to perform the services and correspondent that all elements of the RFP have been reviewed and
understood. The letter should include a brief description of the Respondent’s Respondent. The letter should be signed by an individual who can bind the Respondent contractually. b. There shall be one person from the Respondent identified in the proposal who shall be the Respondent’s designated
6 representative and who is responsible for the services listed in "Section IV - Scope of Services" of this RFP (“Point of Contact”).
c. If applicable, Respondent shall acknowledge receipt of any addendum to the RFP.
2. Table of Contents
a. Include a table of content identifying the contents of the proposal in a format consistent with the proposal
requirements and format set forth herein.
3. Experience and Qualifications
a. Describe the Respondent, its size and organization, the number and location of offices, and general operational structure, as well as its management and key personnel.
Provide a description of the Respondent’s Respondent, its size and organization, the number and location of offices and general operational structure. Include a discussion
demonstrating that the Respondent has the resources
(financial, equipment, labor and capacity) available to provide services under this RFP from the first day at the start of the work.
b. At a minimum, Respondent should have at least five (5) years of consecutive experience.
c. Provide at least three references that received similar services from your Respondent at a minimum over the last five years. Include name of organization, contact name, telephone number and email address.
d. Demonstrate the qualifications of all personnel to be assigned to the City, including key personnel, by providing resumes and/or relative experience summaries describing their
education, credentials, licensing, training and related experience and their proposed roles for this contract.
e. Provide an organization chart of the proposed team, including a contingency plan should a member of the proposed team be unable to fulfill their responsibilities.
f. Respondent shall hold the required license(s) to perform the work and provide proof of required license for itself and its personnel.
4. Approach to Scope of Services
a. This section should set forth a comprehensive description of the approach to providing the Scope of Services and should clearly demonstrate an understanding of the City’s
requirements, the work to be done and the objectives to be accomplished. .
b. Provide a description of the work plan for the services describing how each task under the Scope of Services will be
7 accomplished. This may be used as an Exhibit for the Scope of Services to the agreement.
c. Provide any other information or tasks that Respondent believes necessary to complete the Scope of Services.
B. COST PROPOSAL
1. Detailed Cost Proposal
a. Respondent shall submit a detailed cost proposal that shall include all tasks required to perform the Scope of Services.
The cost proposal shall indicate how the City will be charged for services (i.e., unit, hourly or flat rate basis as appropriate) for the term of the contract, including any extensions. Costs should include all services and materials, if any, needed to perform the Scope of Services.
b. As it relates to the services under this RFP, if Respondent is proposing to provide the services on an hourly basis, the cost proposal shall identify the hourly rate for the personnel needed to complete the Scope of Services.
c. In addition, Respondent shall also submit the
rates/compensation for any “additional services” that
Respondent can provide.
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:
8 • Any costs incurred by a Respondent in the preparation, delivery or presentation of a proposal.
• Any costs incurred by a Respondent in meeting the criteria as a result of making or submitting a proposal or subsequently in entering into a formal agreement with the City; and
• Any errors, inaccuracies or misstatements related to the information or data supplied to any contractor by the City. The use of such information or data provided by the City, its officers, employees or agents is intended to be used at the sole discretion and risk of the Respondent in the preparation of a proposal pursuant to this Request for Proposals only.
The selected Respondent shall comply with any and all Federal and State laws applicable to the services. All proposals submitted to the City of Maywood in response to this RFP shall become the property of the City and will not be returned and such proposals, after the agreement is awarded, are subject to the California Public Records Act.
The City reserves the right to accept, reject, modify or cancel in whole or in part, this RFP.
The City reserves the right to accept or reject any or all proposals, negotiate modifications to proposals that it deems acceptable, to request and consider additional information from any proposer, and to waive irregularities and technical defects in the proposal process, all in its sole discretion. The City has no obligation, express or implied, to make an award.
The City may reject proposals from Respondents who cannot satisfactorily provide the experience and qualifications required by this RFP and/or provide 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 criterion, 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
9 and make the selection based on its sole discretion, notwithstanding the criteria set forth herein, including negotiating with one or more of the Respondents for the same services.
City will evaluate the proposals provided in response to this RFP based on the following criteria:
1. The City will evaluate Respondents based on meeting all of the City’s requirements and who offers the most advantageous combination of cost and high quality service. In addition to cost, however, the City will consider the quality of services proposed, the financial qualification of, and the work experience of the proposer in determining the best value to the City.
2. Other criteria shall include, but not be limited to:
a. Quality and completeness of proposal
b. Qualifications and experience of proposer, including experience and qualifications of key personnel and staff
c. Similar experience and expertise in the type of work required, with the City or with other public agencies
d. Demonstrated understanding of the scope of services requested as well as capacity of respondent
e. References
f. Financial stability of proposer
g. Cost to the City
h. Oral interviews, if applicable.
i. Any other factors determined by the City to be relevant to the performance of these services.
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
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated (“Effective Date”) and is between the City of Maywood, a California municipal corporation (“City”) and _____________ (“Contractor”). City and Contractor are sometimes referred to herein as the “Parties”, and individually as a “Party”.
RECITALS
A. City desires to utilize the services of Contractor as an independent Contractor to perform ____________________________________.
B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Contractor and Contractor desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
The Parties therefore agree as follows:
1. Contractor’s Services.
A. Scope of Services. Contractor shall perform the services described in the Scope of Services (the “Services”), attached as Exhibit A. City may request, in writing, changes in the Scope of Services to be performed. Any changes mutually agreed upon by the Parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Contractor Representative shall be ________________(the “Contractor Representative”). The Contractor Representative shall directly manage Contractor’s Services under this Agreement. Contractor shall not change the Contractor Representative without City’s prior written consent.
C. Time for Performance. Contractor shall commence the Services on the Effective Date and shall perform all Services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
D. Standard of Performance. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like
professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Contractor has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.
F. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes, regulations and requirements.
G. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of Services under this Agreement, including a business license.
2. Term of Agreement. The term of this Agreement shall be from the Effective Date through _________________, 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 Contractor, and Contractor 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 Contractor’s fee for the services as well as the actual cost of any staff time, other direct or indirect costs or fees, including the work of employees, Contractors and subcontractors, equipment, materials, and supplies necessary to provide the service (including all labor, materials, delivery, tax, assembly, and installation, as applicable). In no event shall the Contractor be paid more than $___________, which includes expenses and additional services (if any) during the term of this Agreement (“Maximum Compensation”).
B. Expenses. The City will not reimburse Contractor for any expenses, unless expenses are agreed upon in advance in writing by both parties and/or set forth in Exhibit B.
C. Unauthorized Services and Expenses. City will not pay for any services not specified in the Scope of Services, unless the City Council or the City Representative, if applicable, and the Contractor Representative authorize such services in writing prior to Contractor’s performance of those services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council or the City Representative shall be compensated at the rates set forth in Exhibit B, or, if not specified, at a rate mutually agreed to by the Parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
4. METHOD OF PAYMENT.
A. Invoices. Contractor shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Contractor in writing within ten Business days of receipt of any disputed invoice amounts.
B. Payment. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement or within such other reasonable time dependent on the City’s warrant run procedures. City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Contractor. Notwithstanding the preceding sentence, if Contractor is a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.
C. Audit of Records. Contractor shall make all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement available during Contractor’s regular working hours to City for review and audit by City.
5. Independent Contractor. Contractor is, and shall at all times remain as to City, a wholly independent Contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City
6. INFORMATION AND DOCUMENTS.
A. Contractor covenants that all data, reports, documents, discussion, or other information (collectively “Data”) developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Contractor, its officers, employees, agents, or subContractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Contractor gives City notice of such court order or subpoena.
B. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subContractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for
admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.
C. All Data required to be furnished to City in connection with this Agreement shall become City’s property, and City may use all or any portion of the Data submitted by Contractor as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City’s sole property and may be used, reused or otherwise disposed of by City without Contractor’s permission. Contractor may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Contractor.
D. Contractor’s covenants under this Section shall survive the expiration or termination of this Agreement.
7. Conflicts of Interest. Contractor and its officers, employees, associates and subContractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Contractor’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor may perform similar Services for other clients, but Contractor and its officers, employees, associates and subContractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subContractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Contractor shall incorporate a clause substantially similar to this Section into any subcontract that Contractor executes in connection with the performance of this Agreement.
8. Indemnification, Hold Harmless, and Duty to Defend.
A. Indemnities.
1) To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent Contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants,
attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subContractors, materialmen, Contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent Contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2). 3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subContractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s subContractor, its officers, agents, servants, employees, subContractors, materialmen, Contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subContractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
B. Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Contractor’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.
9. INSURANCE.
A. Minimum Scope and Limits of Insurance. Contractor shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of $1,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $1,000,000.00 per project or location. If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds. 2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $1,000,000.00 per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Contractor shall provide insurance in the amount required by California law.
3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Contractor has no employees while performing Services under this Agreement, workers’ compensation policy is not required, but Contractor shall execute a declaration that it has no employees.
B. Acceptability of Insurers. The insurance policies required under this Section shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide or such other rating as approved by the City Manager. Self insurance shall not be considered to comply with the insurance requirements under this Section.
C. Additional Insured. The general liability policy shall contain an endorsement naming City and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.
D. Primary and Non-Contributing. The insurance policies required under this Section shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents or volunteers, shall be in excess of Contractor’s insurance and shall not contribute with it.
E. Contractor’s Waiver of Subrogation. The insurance policies required under this Section shall not prohibit Contractor and Contractor’s employees, agents or subContractors from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Contractor shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Contractor shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Contractor’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor’s expense, the premium thereon.
Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.
I. Evidence of Insurance. Prior to the performance of Services under this Agreement, Contractor shall furnish City’s Risk Manager or such other official designed by the City Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City’s approval. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on file with City’s Risk Manager. Contractor shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.
Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of Contractor’s duty to indemnify City under Section 8 of this Agreement.
K. SubContractor Insurance Requirements. Contractor shall require each of its subContractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.
10. MUTUAL COOPERATION.
A. City’s Cooperation. City shall provide Contractor with all pertinent Data, documents and other requested information as is reasonably available for Contractor’s proper performance of the Services required under this Agreement.
B. Contractor’s Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance of Services rendered under this Agreement, Contractor shall render any reasonable assistance that City requires.
11. Records and Inspections. Contractor shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to examine and audit the books and records, to make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment.
12. TERMINATION OF AGREEMENT.
A. Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Contractor at least ten calendar days before the termination is to be effective. Contractor may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least 60 calendar days before the termination is to be effective.
B. Obligations upon Termination. Contractor shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Contractor, City shall pay Contractor based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Services required by this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation.
13. FORCE MAJEURE. Contractor shall not be liable for any failure to perform its obligations under this Agreement if Contractor presents acceptable evidence, in City’s sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Contractor’s reasonable control and not due to any act by Contractor.
14. DEFAULT.
A. Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default.
B. In addition to the right to terminate pursuant to Section 12, if the City Manager determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, City shall serve Contractor with written notice of the default. Contractor shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
15. NOTICES. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during Contractor’s and City’s regular business hours, or (c) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:
If to City: If to Contractor:
Attn: City Manager _________________
City of Maywood _________________
4319 East Slauson Avenue _________________
Maywood, California 90270 _________________
16. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY. In the performance of this Agreement, Contractor shall not discriminate against any employee, subContractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. Contractor will take affirmative action to ensure that subContractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender
identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
17. PROHIBITION OF ASSIGNMENT AND DELEGATION. Contractor shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Contractor from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs
18. NO THIRD PARTY BENEFICIARIES INTENDED. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
19. WAIVER. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
20. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by Contractor of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Contractor for anything done, furnished or relating to Contractor’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Contractor, its employees, subContractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Contractor, its employees, subContractors and agents.
21. CORRECTIONS. In addition to the above indemnification obligations, Contractor shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Contractor’s report or plans. Should Contractor fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Contractor. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Contractor under this Agreement up to the amount of the cost of correction.
22. NON-APPROPRIATION OF FUNDS. Payments to be made to Contractor by City for services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Contractor’s services beyond the current fiscal year, this Agreement shall cover payment for Contractor’s services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
23. EXHIBITS. EXHIBITS A AND B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Contractor’s proposal, the provisions of this Agreement shall control.
24. ENTIRE AGREEMENT AND MODIFICATION OF AGREEMENT. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by both Parties.
25. HEADINGS. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.
26. WORD USAGE. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
27. TIME OF THE ESSENCE. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
28. BUSINESS DAYS. “Business days” means days Maywood City Hall is open for business.
29. GOVERNING LAW AND CHOICE OF FORUM. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Maywood.
30. ATTORNEYS’ FEES. In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all attorneys’ fees, experts’ fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.
31. SEVERABILITY. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
32. COUNTERPARTS. This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument.
33. CORPORATE AUTHORITY. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement.
[SIGNATURE PAGE FOLLOWS]
The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.
City:
City of Maywood,
a California municipal corporation
By:
Heber Marquez
Mayor of the City of Maywood
ATTEST:
By:
Andrea Aguilar, City Clerk
APPROVED AS TO FORM:
By:
Roxanne Diaz, City Attorney
Contractor:
_________________________
By:
Name: ___________________
Title: ____________________
ATTACHMENT 2
Cost Proposal
Proposers must submit a Price Proposal that includes all costs associated with the technical proposal. Enter below the proposed fee for the services described in Attachment 1 – Scope of Services. A firm-fixed-price contract will be awarded by the City. Therefore, all pricing below must include direct and indirect costs, tax, and profit.
Name of Contractor:
In accordance with the Request for Proposal (RFP) for Crossing Guard Services Contract, the undersigned declares that CONTRACTOR has carefully examined and read the RFP requirements and is familiar with the requirements therein contained, and proposes to furnish all labor, material, and supplies necessary to accomplish the terms of the maintenance contract at the following rates:
Sample Pricing Proposal
Line
Item
Description Quantity Unit of
Measure
Unit Cost Total
1 Crossing guard services per
hour*
5,040** 1 hour
TOTAL ANNUAL COST
*Hourly Rate must include Split Shift Costs
**Approximately 140 hours per week X 36 weeks = 5,040 hours per school year (LAUSD)
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 7.
DATE: July 26, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: MOHAMMAD MOSTAHKAMI, PE
SUBJECT: AUTHORIZATION TO ADVERTISE REQUEST FOR PROPOSALS (RFP) FOR HSIP CYCLE 11
GRANT FUNDED TRAFFIC SIGNAL IMPROVEMENTS AT VARIOUS INTERSECTIONS ALONG
SLAUSON AND ATLANTIC AVENUES PROJECT
RECOMMENDATION:
It is recommended that City Council authorize the City Manager to formally advertise a Request for Proposals (RFP) for the City’s HSIP Cycle 11 Funded Traffic Signal Improvements at various intersections along Slauson and Atlantic Avenues.
BACKGROUND:
The Infrastructure Investment and Jobs Act (IIJA), aka Bipartisan Infrastructure Law (BIL), was signed into law by President Biden on November 15, 2021. Under IIJA, the Highway Safety Improvement Program (HSIP), codified as Section 148 of Title 23, United States Code (23 U.S.C §148), is a core federal-aid program to States for the purpose of achieving a significant reduction in fatalities and serious injuries on all public roads. The Division of Local Assistance (DLA) manages California's local agency share of HSIP funds. California's Local HSIP focuses on infrastructure projects with nationally recognized crash reduction factors (CRFs). Local HSIP projects must be identified based on crash experience, crash potential, crash rate, or other data-supported means.
The purpose of the Highway Safety Improvement Program (HSIP) is to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned public roads and roads on tribal land. It is the intent of the HSIP program that federal funds be expended on safety projects that can be designed and constructed expeditiously.
In May 2022 Caltrans announced the Cycle 11 Call for Projects grant opportunity for the Highway Safety Improvement Program (HSIP). The projects approved for HSIP Cycle 11 was announced on March 9, 2023. In HSIP Cycle 11 Call-for-Projects, 434 applications from 206 local public agencies, requesting $521.1 million of HSIP funds, have been received. 284 projects, totaling $228.1 million in HSIP funds, were selected for funding.
DISCUSSION:
City of Maywood submitted a grant application in September 2022, and in March 2023, City received approval for $1,418,490 in HSIP funds. The City’s local share would be $157,610.
The scope of services for the Request for Proposals (RFP) includes but not limited to preparation of design plans and specifications and engineering estimate associated with traffic signal modification and upgrade at various locations along Slauson and Atlantic Avenues.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
There is no current fiscal impact for this project. The City is recipient of HSIP Cycle 11 grant from the State of California in the amount of $1,418,490 based on reimbursement with a local match requirement of $157,610 through Measure R Funds. Total budget for the engineering phase of the project is $149,000 including $134,100 through HSIP Cycle 11 grant and $14,900 through Measure R Funds. Staff will return to Council to finalize the design budget after proposals are received.
ATTACHMENT(S)
1. RFP for Design Services Maywood HSIP Cycle 11 Traffic Signal Improvements 072723
City of Maywood
Request for Proposals
to Provide Engineering Services
for the Preparation of PS&E (Plan, Specifications
and Estimates)
for
HSIP Cycle 11 Traffic Signal Improvements at
Various Locations, HSIPSL-5265(018)
Date of Issuance: July 27, 2023
RESPONSES MUST BE RECEIVED NO LATER THAN
3:00 p.m., August 24, 2023
DELIVER OR MAIL TO:
City of Maywood
City Clerk’s Office
Attn: Jennifer Vasquez, City Manager
4319 E. Slauson Avenue
Maywood, CA 90270
TABLE OF CONTENTS
I. PURPOSE 1
II. BACKGROUND 1
III. SCOPE OF SERVICES 1
IV. SCHEDULE 4
V. HOW TO OBTAIN RFP DOCUMENTS 4
VI. QUESTIONS 5
VII. SUBMITTAL PROCEDURES 5
VIII. SUBMITTAL FORMAT 5
IX. AGREEMENT FOR PROFESSIONAL SERVICES 7
X. GENERAL ADMINISTRATIVE INFORMATION 7
XI. SUBMITTAL DUE DATE 8
XII. SELECTION PROCESS 8
XIII. AUTHORITY TO WITHDRAW 9
XIV. AWARD OF CONTRACT 9
XV. ATTACHMENTS 9
1 I. PURPOSE
The purpose of this Request for Proposals (RFP) is to select the most-qualified Consultant to Provide Engineering Services for the Preparation of PS&E (Plan, Specifications and Estimates) for HSIP Cycle 11 Traffic Signal Improvements at Various Locations, HSIPSL-5265(018) project. The City wishes to obtain engineering services under a Professional Services Agreement. The City will award no more than one contract on a not-to-exceed basis.
II. BACKGROUND
The scope of project includes but not limited to signal hardware, pedestrian countdown signal heads Leading Pedestrian intervals, Vehicle detection Cameras, Battery backup system, controller upgrade to 2070, ladder crosswalks and modify signal phasing improvements at 12 intersections on Atlantic Blvd between E. 52nd St to Randolph Ave and Slauson Ave corridor between Alamo Ave to Atlantic Blvd. The grant includes 21 signalized locations. However, 9 of the locations (between Atlantic and Maywood Avenue) are currently under design. It is the City’s intent to have included in one bid document for bidding purpose and for this reason close coordination and communication between the successful consultant and the City’s current consultant would be essential.
See Attachment 2 – Project Location Map and Improvement Exhibits (example intersections) including project location exhibits and scope details.
This professional services contract will be funded by Caltrans HSIP Cycle 11 Funds (non-federal).
III. SCOPE OF SERVICES
The primary objective of the project is to have the selected engineering consultant to provide a complete PS&E (plans, specifications and estimates) approved by all involved jurisdictional and regulatory agencies and is ready for construction bidding for the improvements outlined in this RFP and the attached documents.
The scope of work generally includes:
Task 1. Project Management
a. Attend a pre-design (kick-off) meeting with City staff after the award of contract to conduct introductions, discuss scope of work, information needed from various City departments, overall schedule and the implementation process. b. Coordinate bi-weekly progress conference calls with City staff to update the City of the project progress, and schedule status. This is also a time for the Consultant to ask any questions to the City or bring up any design issues encountered. c. Coordinate meetings to review the preliminary design, 60%, 90% and 100% submittals with City staff.
2 d. Provide a detailed project schedule with continuous updates, and executive summary of project status to be submitted with each monthly invoice. e. Maintain continuous awareness of the status of each task as it proceeds and make provisions to expedite and resolve any difficulties that may impede progress.
Task 2. Utility Coordination
a. The Consultant shall ensure the final design is compatible with all utilities within the project area whether they are protected in place, removed, installed, relocated, adjusted, or otherwise modified. This includes contacting each affected agency should be incorporated into the construction schedule, if necessary. b. Coordinate with the affected utility companies within the project limits, and any applicable agencies, as necessary, and notify the utility company/agency of the project. Maintain a utility contact matrix documenting contacts, coordination, etc. with utility companies.
c. Perform all necessary research to establish the precise location of all utilities. All utilities (including overhead) must be identified and shown on the plans. d. The preliminary and finals plans are to be sent to all affected utility companies.
Task 3. Preliminary Engineering
a. Environmental. The project is assumed to be a categorical exemption. b. Right-of-Way. All work is assumed to be within existing public ROW. The design consultant shall perform research on available right-of-way maps, assessor parcel maps, and easement information within the project limits. Based on this information, existing ROW information shall be shown on the plans. If any TCEs (Temporary Construction Easements) are necessary, the consultant shall show them on the plans.
The City will obtain TCE’s from adjacent property owners. c. Review base data documents including as-built improvement plans, utility information, survey information, and other available record data. The City will provide any requested signal plans to the consultant if request and available. d. Conduct necessary field surveys to assess existing conditions of the project area, including street, all traffic signal equipment to assess existing conditions and identify any necessary upgrades.
e. Develop preliminary design.
3 f. Prepare Preliminary cost estimate (Identify special conditions that might create conflicts or change orders during construction and identify how to resolve these issues.
g. Prepare Technical specifications.
Task 4. Plans, Specifications & Estimate
a. Plans, Specifications and Estimate (PS&E) shall be provided at levels of completion of approximately 60%, 90% and 100%.
b. The City will provide review comments at the 60%, and 90% design phases. c. It is expected 100% plans will be complete and include comments and input from all stakeholders and appropriate City staff. The final bid documents shall be completed in maximum of 4 months.
d. Specifications shall be furnished using the latest edition of Microsoft Word for Windows. The Consultant shall prepare the Specifications per City requirements and utilizing the Standard Specifications for Public Works Construction (“Greenbook”). e. Estimate shall be prepared in spreadsheet format using Microsoft Excel. f. The Consultant shall create a comment matrix to verify all City comments are addressed with each submittal.
Caltrans LAPM Forms for PSE Certification and E-76 construction authorization:
The selected design consultant’s scope of work includes preparation of necessary technical documents, including necessary Caltrans LAPM Forms for PSE Certification and E-76 construction authorization after completion of PS&E Package, and all documents as necessary to provide the City an approved bid package ready for bid advertisement.
Task 5. Bidding and Construction Support
a. Respond to Requests for Information (RFIs) during the project advertisement period, and log questions and responses.
b. Attend the pre-construction meeting, job walk, and job-site meetings over the course of the construction schedule (assume 12 meetings).
c. Provide responses to the Contractor’s RFIs about the plans and specifications forwarded to the Consultant by the City. This task also includes conferring with the City’s Construction Manager regarding the RFIs as appropriate.
4 d. Provide responses and approvals to the Contractor’s submittals for materials and shop drawings forwarded to the Consultant by the City or the Construction Manager.
Task 6. Prepare Record Drawings (As-Builts)
a. Within 20 days following the completion and acceptance of the project, furnish the City with a complete set of revised original drawings showing as-built conditions. The asbuilt plans shall be prepared based on as-built information provided by the City’s Construction Manager and the Contractor.
Submittal Format of documents prepared by the selected Design Consultant:
a. All submittals to City shall be made via electronic submittals. b. All submittals shall be in pdf format.
c. Final submittals shall be dwg (AutoCAD) for plans with wet signed mylars, specifications in MS Word, Estimates in Excel, and all other documents in pdf.
The above tasks are provided as general guidance to the proposing firms. The proposers shall review the RFP and attached documents and conduct any other documents review, research and field reviews as they deem necessary, and provide a detailed scope of services as part of their proposals.
It is the consultant’s responsibility to identify all necessary tasks and components, and provide all necessary services as required and in compliance with this RFP and all applicable standards and requirements, and provide the City with a complete set of PS&E Bid Package approved by all regulatory and involved agencies.
IV. SCHEDULE
Deadlines
Release of Requests for Proposals July 27, 2023
Submittal of Questions August 10, 2023, by 3:00 pm
Response to Questions August 14, 2023
Proposal Due Date August 24, 2023, by 3:00 pm
Proposal Review/Evaluation September 2023
Interview (if required) September 2023
Tentative City Council award September/October 2023
Tentative Start date October 2023
* These dates are anticipated and may change.
5 V. HOW TO OBTAIN RFP DOCUMENTS
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 check the City website daily for any addenda for the project.
VI. QUESTIONS
All questions regarding this RFP shall be submitted in writing by email to: Okan Demirci, Project Manager at [email protected]. The date and time when questions must be submitted are shown in “Section IV-Schedule” of this RFP. Questions with their answers will be posted on the City website by the date and time set forth in this RFP.
VII. SUBMITTAL PROCEDURES
Submittals shall comply with all conditions, requirements and specifications contained herein, with any departure rendering the proposal non-responsive and may serve as grounds for rejection of the proposal at the City’s sole discretion. The submittal shall contain the name of this RFP and Respondents shall provide four (4) copies of the proposal (three bound and one unbound), single sided, and electronic copy (pdf) in a thumb drive.
All proposal submittals shall be mailed or delivered and received by the City no later than August 24, 2023 at 3:00 p.m. addressed as follows:
City of Maywood
City Clerk’s Office
Attention: Jennifer Vasquez, City Manager
4319 Slauson Avenue
Maywood, CA 90270
For delivery purposes, the City Clerk’s phone number for the City is (323) 562-5700.
VIII. SUBMITTAL FORMAT
All Respondents must submit qualifications according to the specifications set forth below.
Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Responses should emphasize the Respondent’s demonstrated capability to perform work of this type.
Proposals shall be valid for a minimum of 90 days following submission. Expensive bindings, colored displays, promotional materials, etc., are not necessary or desired. The City reserves the right to request additional information that, in the City’s opinion, is necessary to ensure that the Proposer’s competence, qualified employees, business organization and financial resources are adequate for the performance of the services under this RFP.
A. WORK PROPOSAL
1. Cover Letter
6 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 III - Scope of Services" of this RFP (“Point of Contact”).
c. If applicable, Respondent shall acknowledge receipt of any addendum to the RFP.
2. Table of Contents
a. Include a table of content identifying the contents of the proposal in a format consistent with the proposal
requirements and format set forth herein.
3. Experience and Qualifications
a. Describe the Respondent, its size and organization, the number and location of offices, and general operational structure, as well as its management and key personnel.
Provide a description of the Respondent’s Respondent, its size and organization, the number and location of offices and general operational structure. Include a discussion
demonstrating that the Respondent has the resources
(financial, equipment, labor and capacity) available to provide services under this RFP from the first day at the start of the work.
b. At a minimum, Respondent should have at least five (5) years of consecutive experience.
c. Provide at least five references that received similar services from Respondent at a minimum over the last five years.
Include name of organization, contact name, telephone
number and email address.
d. Demonstrate the qualifications of all personnel to be assigned to the City, including key personnel, by providing resumes and/or relative experience summaries describing their
education, credentials, licensing, training and related experience and their proposed roles for this contract.
e. Provide an organization chart of the proposed team, including a contingency plan should a member of the proposed team be unable to fulfill their responsibilities.
7 f. Respondent shall hold the required license(s) to perform the work and provide proof of required license for itself and its personnel.
4. Approach to Scope of Services
a. This section should set forth a comprehensive description of the approach to providing the Scope of Services and should clearly demonstrate an understanding of the City’s
requirements, the work to be done and the objectives to be accomplished.
b. Provide a description of the work plan for the services describing how each task under the Scope of Services will be accomplished. This may be used as an Exhibit for the Scope of Services to the agreement.
c. Provide any other information or tasks that Respondent believes necessary to complete the Scope of Services.
B. COST PROPOSAL
The Cost Proposal shall be submitted in a separate sealed envelope.
Fee shall be provided in detail per each task identified on this RFP, including staff hours, hourly rates, and any subconsultant cost (if applicable). If subconsultant is proposed, provide the same detail with hours and hourly rates.
IX. AGREEMENT FOR PROFESSIONAL SERVICES
The City of Maywood’s Agreement for Professional Services (Attachment 1) is included for review and comment. The Respondent’s submission of a proposal indicates Respondent’s compliance of such terms, unless the proposal indicates that compliance is not possible. Proposed revisions should be addressed in the cover letter, however, the City maintains discretion to accept or reject the Respondent’s request for revisions. The City reserves the right to make any revisions to the proposed professional services agreement.
X. GENERAL ADMINISTRATIVE INFORMATION
All respondents are advised to become familiar with all conditions, instructions and specifications of this RFP. By submitting a proposal, Respondent represents that it has thoroughly examined and become familiar with the work required under this RFP and that the Respondent has conducted such additional investigation as it deems necessary and convenient (i.e. visiting the locations), that Respondent is capable of providing the equipment, goods and services necessary to 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.
8 Each Respondent understands and agrees that the City, its departments, its officers, employees or agents are not responsible for:
• Any costs incurred by a Respondent in the preparation, delivery or presentation of a proposal.
• Any costs incurred by a Respondent in meeting the criteria as a result of making or submitting a proposal or subsequently in entering into a formal agreement with the City; and
• Any errors, inaccuracies or misstatements related to the information or data supplied to any contractor by the City. The use of such information or data provided by the City, its officers, employees or agents is intended to be used at the sole discretion and risk of the Respondent in the preparation of a proposal pursuant to this Request for Proposals only.
The selected Respondent shall comply with any and all Federal and State laws applicable to the services. All proposals submitted to the City of Maywood in response to this RFP shall become the property of the City and will not be returned and such proposals, after the agreement is awarded, are subject to the California Public Records Act.
The City reserves the right to accept, reject, modify or cancel in whole or in part, this RFP.
The City reserves the right to accept or reject any or all proposals, negotiate modifications to proposals that it deems acceptable, to request and consider additional information from any proposer, and to waive irregularities and technical defects in the proposal process, all in its sole discretion. The City has no obligation, express or implied, to make an award.
The City may reject proposals from Respondents who cannot satisfactorily provide the experience and qualifications required by this RFP and/or provides the scope of services required herein. The City reserves the right to seek new proposals when it determines that it is in the best interest to do so.
XI. SUBMITTAL DUE DATE
The submittal package must be received prior to the submittal date specified in "Section IV - 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.
XII. SELECTION PROCESS
All proposals timely received shall be reviewed to verify that the proposal meets the minimum requirements and qualifications. Proposals that have not complied with requirements, do not meet minimum content and quality standards, or take unacceptable exceptions to the professional services agreement, may be eliminated from further consideration at the discretion of the City. Proposals will be reviewed and evaluated by an evaluation committee comprised of City of Maywood personnel.
The City will be the sole and exclusive judge of quality and compliance with proposal specifications in any of the matters pertaining to this RFP. The City’s final selection will not be dictated on any single factor or criteria including price. The City reserves the right
9 to award the contract(s) in any manner it deems to be in the best interest of the City and make the selection based on its sole discretion, notwithstanding the criteria set forth herein, including negotiating with one or more of the Respondents for the same services.
City will evaluate the proposals provided in response to this RFP based on the following criteria:
1. The City will evaluate Respondents based on meeting all of the City’s requirements and who offers the most advantageous combination of cost and high quality service. In addition to cost, however, the City will consider the quality of services proposed, the financial qualification of, and the work experience of the proposer in determining the best value to the City.
2. Other criteria shall include, but not be limited to:
a. Quality and completeness of proposal
b. Qualifications and experience of proposer, including experience and qualifications of key personnel and staff
c. Similar experience and expertise in the type of work required, with the City or with other public agencies
d. Demonstrated understanding of the scope of services requested as well as capacity of respondent
e. References
f. Financial stability of proposer
g. Cost to the City
h. Oral interviews, if applicable.
i. Any other factors determined by the City to be relevant to the performance of these services.
XIII. AUTHORITY TO WITHDRAW
The City of Maywood reserves the right to withdraw this 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.
XIV. 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.
10 XV. ATTACHMENTS
Attachment 1. Form Professional Services Agreement
Attachment 2. Project Location Map and Improvement Exhibits (example intersections)
ATTACHMENT 1
Form Professional Services Agreement
Ver. 3/2020
12501-0001\2293691v1.doc
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated __________, 20__ (“Effective Date”) and is between the City of Maywood, a California municipal corporation (“City”) and _____________ (“Consultant”). City and Consultant are sometimes referred to herein as the “Parties”, and individually as a “Party”.
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to perform ____________________________________.
B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Consultant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
The Parties therefore agree as follows:
1. Consultant’s Services.
Scope of Services. Consultant shall perform the services described in the Scope of Services (the “Services”), attached as Exhibit A. City may request, in writing, changes in the Scope of Services to be performed. Any changes mutually agreed upon by the Parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.
Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be ________________(the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s Services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.
Time for Performance. Consultant shall commence the Services on the Effective Date and shall perform all Services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
Standard of Performance. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
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Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.
Compliance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes, regulations and requirements.
Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of Services under this Agreement, including a business license.
H. Prevailing Wages. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code. Therefore, as to those services that are “public works”, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C hereto.
2. Term of Agreement. The term of this Agreement shall be from the Effective Date through _________________, unless sooner terminated as provided in Section 13 of this Agreement or extended.
3. Compensation.
Compensation. As full compensation for Scope of Services satisfactorily rendered, City agrees to compensate Consultant, and Consultant agrees to accept in full satisfaction for the services required by this Agreement, __________________, as more particularly described in Exhibit B (“Compensation”). Said Compensation shall constitute reimbursement of Consultant’s fee for the services as well as the actual cost of any staff time, other direct or indirect costs or fees, including the work of employees, consultants and subcontractors, equipment, materials, and supplies necessary to provide the service (including all labor, materials, delivery, tax, assembly, and installation, as applicable). In no event shall the Consultant be paid more than $___________, which includes expenses and additional services (if any) during the term of this Agreement (“Maximum Compensation”).
Expenses. The City will not reimburse Consultant for any expenses, unless expenses are agreed upon in advance in writing by both parties and/or set forth in Exhibit B.
Unauthorized Services and Expenses. City will not pay for any services not specified in the Scope of Services, unless the City Council or the City Representative, if applicable, and the Consultant Representative authorize such services in writing prior to Consultant’s performance of those services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council or the City Representative
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shall be compensated at the rates set forth in Exhibit B, or, if not specified, at a rate mutually agreed to by the Parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
4. Method of Payment.
Invoices. Consultant shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Consultant in writing within ten Business days of receipt of any disputed invoice amounts.
Payment. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement or within such other reasonable time dependent on the City’s warrant run procedures.
City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. Notwithstanding the preceding sentence, if Consultant is a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.
Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement available during Consultant’s regular working hours to City for review and audit by City.
5. Independent Contractor.
A. Consultant is an independent contractor and not an employee of the City.
All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant’s employees or other personnel under Consultant’s supervision, and Consultant and all of Consultant’s personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Maywood business license. Consultant will determine the means, methods, and details by which Consultant’s personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.
B. All of Consultant’s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control.
Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel
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shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant’s choice, except as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.
C. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
D. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement.
6. PERS Compliance and Indemnification
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A. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
B. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from (i) any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 6; or (ii) in the event that Consultant or any employee, agent or subcontractor of Consultant providing Services under this Agreement claims or is determined by a court of competent jurisdiction and/or by PERS to be eligible for enrollment in PERS as an employee of the City. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement.
7. Information and Documents.
Consultant covenants that all data, reports, documents, discussion, or other information (collectively “Data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subconsultants shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena.
Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City
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and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.
All Data required to be furnished to City in connection with this Agreement shall become City’s property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City’s sole property and may be used, reused or otherwise disposed of by City without Consultant’s permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.
Consultant’s covenants under this Section shall survive the expiration or termination of this Agreement.
8. Conflicts of Interest. Consultant and its officers, employees, associates and subconsultants, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090.
During the term of this Agreement, Consultant may perform similar Services for other clients, but Consultant and its officers, employees, associates and subconsultants shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.
9. Indemnification, Hold Harmless, and Duty to Defend.
Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify, and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, material men, contractors or their
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officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c).
Other Indemnities.
i. Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties.
Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. ii. Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph B.2). iii. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s
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subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties.
Workers’ Compensation Acts not Limiting. Consultant’s obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, Claims, tax, assessment, penalty or interest asserted against City. a. Survival of Terms. The indemnification in this Section shall survive the expiration or termination of this Agreement.
10. Insurance.
Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
Commercial General Liability Insurance with a minimum limit of $1,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $1,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $1,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Consultant shall provide insurance in the amount required by California law.
Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for
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bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required, but Consultant shall execute a declaration that it has no employees.
4) 󠇯 If this box is checked, Professional Liability/Errors and Omissions Insurance with minimum limits of $1,000,000.00 per claim and in aggregate.
Acceptability of Insurers. The insurance policies required under this Section shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide or such other rating as approved by the City Manager. Self insurance shall not be considered to comply with the insurance requirements under this Section.
Additional Insured. The general liability policy shall contain an endorsement naming City and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.
Primary and Non-Contributing. The insurance policies required under this Section shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City. Any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
Consultant’s Waiver of Subrogation. The insurance policies required under this Section shall not prohibit Consultant and Consultant’s employees, agents or subconsultants from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Consultant shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
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City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City’s Risk Manager or such other official designed by the City Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.
Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.
Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 9 of this Agreement.
SubConsultant Insurance Requirements. Consultant shall require each of its subconsultants that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.
11. Mutual Cooperation.
City’s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.
Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
12. Records and Inspections. Consultant shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to
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examine and audit the books and records, to make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment.
13. Termination of Agreement.
Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least ten calendar days before the termination is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least 60 calendar days before the termination is to be effective.
Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services required by this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation.
14. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.
15. Default.
Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default.
In addition to the right to terminate pursuant to Section 13, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City shall serve Consultant with written notice of the default.
Consultant shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision
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of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
16. Notices. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during Consultant’s and City’s regular business hours, or (c) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:
If to City: If to Consultant:
Attn: City Manager _________________
City of Maywood _________________
4319 East Slauson Avenue _________________
Maywood, California 90270 _________________
17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subconsultant or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. Consultant will take affirmative action to ensure that subconsultants and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
18. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
19. No Third Party Beneficiaries Intended. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
20. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it
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be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
21. Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subconsultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subconsultants and agents.
22. Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.
23. Non-Appropriation of Funds. Payments to be made to Consultant by City for services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
24. Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Consultant’s proposal, the provisions of this Agreement shall control.
25. Entire Agreement and Modification of Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written
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understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by both Parties.
26. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.
27. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
28. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
29. Business Days. “Business days” means days Maywood City Hall is open for business.
30. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Maywood.
31. Attorneys’ Fees. In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all attorneys’ fees, experts’ fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.
32. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
33. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument.
-15- Ver. 3/2020
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34. Corporate Authority. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement.
[SIGNATURE PAGE FOLLOWS]
-16- Ver. 3/2020
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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:
NAME OF CONSULTANT
By:
Name: ___________________
Title: ____________________
A-1
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EXHIBIT A
SCOPE OF SERVICES
B-1
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EXHIBIT B
COMPENSATION
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EXHIBIT C
LABOR CODE REQUIREMENTS
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EXHIBIT C
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those services that are “public works”, Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Contractor’s Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.
6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City
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of the location of the records. Pursuant to Labor Code Section 1771.4, Contractor and each subcontractor shall furnish such records to the Labor Commissioner, at least monthly, in the form specified by the Labor Commissioner.
8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
9. The Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Contractor or any subcontractor becomes debarred or suspended during the duration of the project, the Contractor shall immediately notify City.
10. Contractor acknowledges that eight hours labor constitutes a legal day’s work.
Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
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12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement.
ATTACHMENT 2
Project Location Map and Improvement Exhibits (example intersections)
E Slauson Ave
E 60th
St
Gifford Ave
Atlantic Blvd
Loma Vista Ave
Fruitland Ave
Alamo Ave
Heliotrope
Ave
S Maywood Av
e
E 52nd Pl
E 55th St
Fruitland Ave
±
Legend
21 Citywide Signals - Implenting S02, S17PB, and S21PB
Maywood HSIP - Location Map
X X X X X X X X X
Legend
12 Citywide Signals - Implementing S02, S17PB, and S21PB X Signals Removed from the Scope (These signals will be designed by others) Page 219 of 254 Atlantic Bl & 55th St (example intersection)
1 2
1 1
2 1
2 Install retroreflective backplates on all signal heads and upgrade 8” signal heads to 12” signal heads
(S02)
Implement a Leading Pedestrian Interval
(S21PB) and install pedestrian countdown
signal heads (S17PB)
1 1
3 3
3 Install high-visibility pedestrian
crossings All Improvements will be completed in City rightof-way Source: Google Maps
Atlantic Bl & 55th St (example intersection)
Existing Proposed
All Improvements will be completed in City rightof-way Source: Google Maps
Atlantic Bl & 57th St (example intersection)
1 2 2
1 2 Install retroreflective backplates on all signal heads and upgrade 8” signal heads to 12” signal heads
(S02)
Implement a Leading Pedestrian Interval
(S21PB) and install pedestrian countdown
signal heads (S17PB)
1 All Improvements will be completed in City rightof-way Source: Google Maps
1 1
2
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 8.
DATE: July 26, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: CLAUDIA ZAVALA, COMMUNITY SERVICES LIAISON
SUBJECT: CONSIDERATION OF ESTABLISHING THE MAYWOOD YOUTH ADVISORY
COMMISSION (MYAC) TO SUPPORT COMMUNICATION BETWEEN THE ELECTED
LEADERS AND THE YOUTH IN MAYWOOD AND PROVIDE A PLATFORM FOR THE
VOICES OF OUR YOUTH AND TEENS TO BE HEARD
RECOMMENDATION:
Staff recommends that the City Council consider establishing the Maywood Youth Advisory Commission to help bring awareness of issues facing youth in Maywood.
BACKGROUND:
In a collaborative effort, the City of Maywood and the YMCA, in partnership with All Children Thrive (ACT), have joined forces to establish the Maywood Youth Advisory Commission (MYAC). To recruit eligible teens for this initiative, the City will be leveraging the YMCA's Youth and Government program (Y&G). The YMCA and ACT have taken proactive steps to actively engage the youth in this process. They have organized workshops, media events, government outreach activities, and facilitated policy development sessions to empower and equip the youth with the necessary skills and knowledge to participate effectively in MYAC.
DISCUSSION:
The purpose of establishing the Youth Advisory Commission is:
1. To increase understanding and awareness of issues facing youth in Maywood.
2. To develop leadership skills and awareness of social responsibility for youth.
3. To show community issues through a youth perspective and to help find solutions.
4. To give youth a voice in the community, to help make decisions for themselves and their peers.
5. To work on projects that improve Maywood.
6. To provide advice to the City Council on issues affecting youth.
7. To promote understanding and awareness of government among youth
8. To encourage participation in community development and city government by youth.
The following are recommendations for the establishment of the Maywood Youth Advisory Commission:
Section 1: Meetings & Eligibility
The commission will meet monthly and will consist of 5 members who represent the diverse makeup of the community.
In order to be eligible for the Youth Advisory Commission, all members must meet the following criteria:
1. Reside in Maywood.
2. Currently, be enrolled in high school or fall within the age range of 15 to 18 years.
3. Meet the academic requirements necessary to participate in their school's sports and extracurricular activities.
Section 2: Appointment Terms
1. Upon their initial appointment, three (3) members will serve a term of three (3) years, while two (2) members will serve a term of two (2) years.
2. Subsequent members will be appointed for two (2) year terms.
3. The term of each member will conclude on December 31 at the end of their appointed term.
Section 3: Stipend
1. Members of the City of Maywood Youth Advisory Commission shall receive a monthly stipend of $50 for their service on the commission.
2. In addition to the monthly stipend, members may be reimbursed for reasonable expenses related to their official duties, subject to City Council approval.
3. The City may provide additional resources, facilities, and staff support to assist the Commission as needed.
4. Any adjustments to the stipend amount shall be reviewed and approved by the City Council, following applicable laws and regulations.
The establishment of the Youth Advisory Commission will provide the City with the unique perspectives, ideas, and talents of young individuals within our community. It will serve as a valuable resource for collecting input on youth-related issues and formulating policies that address their needs and aspirations. Staff recommends that the City Council approve the establishment of the Youth Advisory Commission and if approved, City Staff will bring back the necessary documents to formally establish this commission.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
ATTACHMENT(S)
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 9.
DATE: July 26, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: JENNIFER VASQUEZ, CITY MANAGER
SUBJECT: CONSIDERATION OF THE ADOPTION OF THE PROPOSED EDUCATION COMPACT
BETWEEN THE CITY OF MAYWOOD AND THE LOS ANGELES UNIFIED SCHOOL
DISTRICT
RECOMMENDATION:
Staff recommends that the City Council discuss and consider adopting the proposed Education Compact between the City and the Los Angeles Unified School District and, if approved, authorize the City Manager to execute the Education Compact.
BACKGROUND:
As part of the 2022-2026 Strategic Plan for the Los Angeles Unified School District (District), the District is requesting that new education compacts be established between the District and local government entities.
The District's intent for Education Compacts with the municipal governments in the Southeast Los Angeles County region are intended to align resources and implement innovative programs to equip the students within our community with the tools they will need to connect and be ready for the real world.
DISCUSSION:
Over the past several months, City staff has been coordinating and collaborating with Los Angeles Unified School District (LAUSD) to develop a draft education compact. Currently, collaborations between schools and the City include coordinating and disseminating communication and events, City staff attending and participating in Safe Passages meetings, quarterly principal roundtables and engagement in a high school community service program.
Topics that have been discussed in the proposed Education Compact are as follows:
• Communications and Engagement
• Enrollment and Positive Attendance
• Crossing Guards and Other Traffic Safety Improvements • Safety and Positive School Climate
• Student Health and Medical Student Services
• Parent and Family Engagement
• Academics and Expanded Learning
• Connectivity
• Facilities
• Transportation
To ensure the City's Compact synergizes and maximizes resources with our neighboring cities, City staff has also been in close coordination with other cities to align and complement each respective compact.
If the Education Compact is approved, it would become a roadmap to build and plan for the future partnership between the City of Maywood and LAUSD for a positive, measurable impact.
LEGAL REVIEW:
City Attorney has reviewed this report.
FISCAL IMPACT:
Adopting the Education Compact Agreement will have no financial impact. The Parties recognize there may be financial expenditures associated with one or all of the following aspects, however, any financial expenditure shall not be made unless the responsible Party's governing board has authorized the expenditure through its budgetary process and shall be voluntary in nature.
ATTACHMENT(S)
1. Maywood LAUSD Education Compact
EDUCATION COMPACT
As part of the 2022-2026 Strategic Plan for the Los Angeles Unified School District, new education compacts are to be established between the District and local governmental entities. Education Compacts with the municipal governments in the Southeast Los Angeles County region are intended to align resources and implement innovative programs to equip our students with the tools they need to be Ready for the World.
As a member of the Southeast Los Angeles County region, The City of Maywood (“City”), is served by the Los Angeles Unified School District (“District” or “Los Angeles Unified”) and accounts for a 4,116-student enrollment (LAUSD SY 21-22 Enrollment). The City of Maywood has 24,122 residents (2022 US Census) and expands a total area of 1.17 square miles. The City of Maywood has 7 District schools within its geographical boundaries. The District and the City may each be referred to, individually, herein as a “Party” or, collectively, as “the Parties.” Through this Education Compact (“Compact”), the City and the District will collaborate to meet the educational needs of youth and families in the City through the end of the District’s Strategic Plan (June 2026). The City and the District may choose to revisit the Compact after June 2026 to renew their shared commitments to students and families of the Southeast Los Angeles County region.
The commitments outlined are not legally binding, nor do they mandate budgetary expenditures on behalf of the Parties. They represent a shared philosophical goal of improving the educational opportunities and enriching the lives of children and families attending District sites living within the City. The Parties recognize there may be financial expenditures associated with one or all the following aspects, however, any financial expenditure shall not be made unless the responsible Party’s governing board has authorized the expenditure through its budgetary process and shall be voluntary in nature.
The Compact between the District and the City will undertake efforts that would be enriched, expedited, or enhanced through collaborative efforts in the following areas:
1. Communications and Ongoing Engagement
2. Enrollment and Positive Attendance
3. Crossing Guards and Other Traffic Safety Improvements
4. Safety and Positive School Climate
5. Student Health and Medical Student Services
6. Parent and Family Engagement
7. Academics and Expanded Learning
8. Connectivity
9. Facilities
10. Transportation
Communications and Ongoing Engagement
● The City and the District will work jointly on communications through the City’s website to include an educational tab/section with information on Los Angeles Unified schools and districtwide initiatives. The District will also work with the City to share city events, news and City-led programs to students, families and staff. There will be concerted efforts to jointly share information via social media and other communication channels to students and staff.
● The City and District will explore leveraging current City events and activities to promote District services to families.
● The City and District will explore leveraging current City events and activities to promote employment opportunities.
● The City and District will work with local businesses to encourage volunteering, mentorship, and other opportunities to support local students and education. ● The City and the District will work with the local community and faith-based organizations regarding educational resources, safe passage, nutrition, physical activity, and other health and safety initiatives the District is leading.
● The City and the District will collaborate on opportunities to deliver specific programming for local families via the Family Academy and Cultural Arts Passport initiatives. ● The City, and the District, will conduct education roundtables with local partners in efforts to strengthen student success.
Enrollment and Positive Attendance
● The City will support the District in student recruitment campaigns for District-operated schools in the City.
● The City and District will collaborate on programs, annual attendance campaigns, and other events that support school attendance to ensure all school-aged youth are enrolled in District-operated schools.
Crossing Guards and Other Traffic Safety Improvements
● The City will support safe passages for students and families by continuing to fund its crossing guard program to support pedestrian safety, and the District will support the City’s outreach efforts to fill crossing guard vacancies.
● The District will provide additional support and training for the Traffic Safety Valet programs at elementary school sites experiencing traffic safety needs by reviewing traffic and pedestrian incident data, and identifying schools in need for outreach. The District will also promote the Traffic Safety Valet program by distributing flyers at elementary schools, during safe school inspections, and during meetings with principals. ● The District will work with the City to address traffic concerns related to school drop-off and pick-up, including exploring additional opportunities to reduce traffic congestion and enhance pedestrian safety.
● The District will provide additional support by sharing Reference Guide, 4492.2, School Traffic Safety with school administrators which details the guidelines for requesting traffic surveys, speed limit signs, pavement markings, crossing guards and other assistance to resolve traffic safety issues. Los Angeles Unified Office of Environmental Health and Safety (OEHS) will be the liaison between the City and school administrators and make requests on the behalf of schools.
Safety and Positive School Climate
● The City will continue to coordinate quarterly principal roundtables for the schools in the City to share information on topics including, but not limited to upcoming events; supports and resources the City provides to students and families, information about traffic safety around schools, and discuss issues schools may be experiencing. ● The District/Los Angeles School Police Department and City will identify a Law Enforcement Liaison officer from each of the respective law enforcement departments to ensure a coordinated approach on issues related to youth, crime prevention, and other relevant safety and area school consistent with Section 32281 (f)(1) of the California Education Code.
● The District/Los Angeles School Police Department and City will explore the possibility of entering into data-sharing agreements to assess the status of school crimes with a goal of helping to prevent crimes and improve coordination consistent with Section 32282 (a)(1) of the California Education Code.
Student Health and Medical Student Services
● The District and the City will work jointly to expand prevention and public education efforts to combat the public health issue of fentanyl-related overdoses and strengthen support services for students.
● The District will continue to work with the California Department of Healthcare Services (DHCS) Naloxone Distribution Program (NDP) to obtain doses of Narcan for early education centers, adult education schools and afterschool programs. ● The District, in partnership with the City, will explore the feasibility of bringing additional student health and mental health services and entities to provide whole child and school community services.
Parent and Family Engagement
● The District will develop a Region-specific course catalog to help families understand how to access city services and to engage families in learning specialized classes/workshops that address the needs of families in the Southeast Los Angeles community through the Family Academy. The City will promote these classes and workshops to families and community members at large.
● The District will develop training to offer City personnel on the District’s Parent Portal/LAUSD App and School Volunteer Program procedures. ● The District and City will collaborate to include parent resource information at City-owned facilities.
Academics and Expanded Learning Programs
● The District will work jointly with the City to promote the District’s various academic and enrichment programs to students and families in the Southeast Los Angeles community, including the tutoring program, summer programming, and Beyond the Bell Expanded Learning Programs.
● The District will offer the Cultural Arts passport to families in the Southeast Los Angeles community. The District and the City will explore expanding the use of museums or cultural sites, if any, for the benefit of students and residents of Maywood.
Connectivity
● The District’s Information Technology Services (ITS) commits to continuing to provide connectivity to students and families with an identified unmet need through All Families Connected or other affordable and free options to ensure all families have access to reliable high-speed internet.
● The District will explore expanding Digital Divide partnerships into the City and the County of Los Angeles to explore ways to support connectivity infrastructure, expand affordable broadband and implement data-sharing agreements to address the digital deserts.
Facilities
● The District and City will continue to work collaboratively in an effort to provide access to and use of District and City facilities for meetings, community events, athletic activities, and cultural and historic programs, among other facility use needs that benefit students and families.
● The City and District will work collaboratively to increase the amount of green space on District sites and expand access to available green space for families and students, and, where appropriate, explore the establishment of Community School Parks.
Transportation
● The City will support the District in promoting the District’s free Metro passes from the K-12 Fareless System Initiative program for students, by promoting it at community events, newsletters, and on the City’s website, if the pilot program is continued.
APPENDIX
All Families Connected
All Families Connected is a program to help ensure every student has reliable access to high-speed internet at home as well as at school. Made possible in large part by one-time federal funding, the program is helping provide students with the access they need at home to complete assignments, interact with peers, track their progress, and more. Thousands of families are eligible for this service at no cost to them. There are no income requirements. All that is necessary is for a family to inform the District that there are unmet needs in the home and to request support.
This is how it works: Parents/guardians can log on to device.lausd.net and answer a few questions about computing devices and internet connectivity needs. For those whose needs are not being met, our teams check in with contracted service providers to determine services available. The provider then reaches out to eligible families to assist with establishing service, and the District covers all costs.
Families may go to: device.lausd.net/connect for more information or to sign up for a service.
Cultural Arts Passport
The District’s Cultural Arts Passport is a program to provide students access to the Arts. In partnership with Southern California’s finest cultural organizations and venues, the Cultural Arts Passport program ensures equal access to arts, culture and environmental experiences for every child. The Cultural Arts Passport is partially supported through generous monetary and in-kind donations from the community. Founding partners who generously support the initiative include The Broad Foundation, Creative Arts Agency, the Fender Play Foundation and other cultural institutions.
Digital Divide Partnerships
The District has existing partnerships around infrastructure to create a city-wide or community infrastructure for wireless connectivity. One example of this has been a partnership with the Los Angeles City Lighting Bureau, which focused on extending the network from District schools to city light poles. Furthermore, the District has also developed partnerships with LTE/5G and fixed broadband such as Verizon, AT&T and Spectrum to allow piggyback on our contracts with very affordable pricing for other governmental entities. Lastly, the District has partnerships with multiple entities on data sharing to help and identify hotspots and digital deserts around Los Angeles County, given that the District is the only entity with access to valuable datasets relating to family usage and service providers’ capacity.
Everyone Mentors LA
Everyone Mentors LA is a new mentoring initiative that will invest in the lives of historically underserved students to ensure every student graduates Ready for the World. The new initiative will match students contending with declining grades, chronic absenteeism, social emotional support and other challenges that have inhibited their academic success with a mentor from the Los Angeles community. More information on this program can be found at https://achieve.lausd.net/everyonementors.
Family Academy
The Family Academy is designed to leverage families’ assets to be empowered as they support their children from the early primary years to college and career success. This effort complements family knowledge by connecting them to actionable learning focused on their child’s development, as well as opportunities to accelerate their own careers and quality of livelihood. Families may expand and share prior knowledge with other parent leaders by attending learning segments offered by the Family Academy course catalog, which offers webinar and regional segments hosted inperson. The course catalog is available at achieve.lausd.net/familyacademy.
A second path to learning with the Family Academy is through four family courses which are geared for the following family audiences: youngest learners, multilingual learners, twice exceptional, and Black and African-American students. The curriculum is organized as a 7-class course experience where families engage in a culturally relevant curriculum, in a cohort learning environment, define family engagement, and develop their action plan to stay engaged in their child’s education. Course registration information is available at achieve.lausd.net/familyacademy. Families may also contact the Los Angeles Unified Family Hotline for more information: 213-443-1300.
Traffic Safety Valet Program
The Safety Valet program is designed to help improve student safety and provide more fluid movement of vehicular traffic around schools during the morning drop off. A Valet directs drivers through a queue of traffic cones where volunteers assist students to safely exit the car. This eliminates the need for parents to exit their vehicles and for students to cross busy intersections.
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 10.
DATE: July 26, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: ROXANNE DIAZ, CITY ATTORNEY
SUBJECT: INTRODUCTION AND WAIVER OF FULL READING OF ORDINANCE NO. 23-07, AN ORDINANCE OF THE CITY OF MAYWOOD ADDING A NEW CHAPTER 21 TO TITLE 8
OF THE MAYWOOD MUNICIPAL CODE TO ESTABLISH A RENT STABILIZATION
REGULATION
RECOMMENDATION:
Staff recommends that the City Council introduce by title only and waive full reading of Ordinance No. 23-07, an Ordinance of the City of Maywood Adding a New Chapter 21 to Title 8 of the Maywood Municipal Code to Establish Rent Stabilization Regulations.
BACKGROUND:
On February 6, 2023, the City Council adopted Urgency Ordinance No. 23-01-U to establish an interim prohibition on rent increases on certain residential properties. The Urgency Ordinance has since been extended and currently will sunset on September 28, 2023. On May 24, 2023, the City Staff provided a report for City Council review and discussion regarding rent stabilization. Specifically, the Staff led the City Council in a discussion regarding the policy framework on the components for a rent stabilization ordinance. This would include the scope of the rental properties that would be included, the limits on rent increases, the implementation of the rent stabilization program, the registration of rental units. After a robust discussion, the City Council directed City Staff to further study the matter and return with a draft ordinance.
DISCUSSION:
In order to provide the context for the proposed rent stabilization ordinance, it is important to provide a framework and context as to what is rent stabilization, how that differs from "rent control" and what is the City's authority in this area.
What is Rent Stabilization?
“Rent stabilization” refers to a local program that is designed to limit the amount of rent increases a landlord may require above a renter’s base rent during that renter’s tenancy. Although the terms “rent control” and “rent stabilization” are often used interchangeably, the concepts are legally distinct. While both regulate the amount of rent that may be increased, only “rent control” regulates the amount of rent charged when the tenancy begins. With rent stabilization, the annual increases of a tenant’s rent are limited.
In 1995, the California State Legislature passed what has become known as the Costa-Hawkins Rental Housing Act (“Costa-Hawkins”). This legislation was designed to set limits on the kind of rent control policies
cities were able to impose. Costa-Hawkins provides that cities cannot enact rent control on housing constructed after February 1, 2015 and eliminated local rent control ordinances restricting a landlord from increasing the rent to market rate when a unit becomes vacant. This means that when a tenant moves out, the initial amount of rent for the next tenant is not restricted. This also means that cities are prohibited from adopting “full” rent control ordinances regulating the amount of the “initial rent.” Costa-Hawkins, however, permits cities to enact rent stabilization ordinances applicable to rental housing (no single family homes or condominiums) built before February 1, 1995.
In 2019, the California State Legislature passed Assembly Bill 1482 or the “Tenant Protection Act of 2019” (“AB 1482”). This law essentially enacted statewide rent control and, for the first time, the state has placed limits on rent hikes (i.e. statewide rent stabilization). It is now illegal for residential landlords to raise rent more than 5 percent, plus the local rate of inflation, in one year. As of January 1, 2020, where applicable, rent may be annually increased no more than 5% plus the regional consumer price index (CPI) or 10%, whichever is less.
Under AB 1482, it is legally permissible for the City to adopt its own rent stabilization ordinance if it is “more protective” than AB 1482. Several cities have adopted rent stabilization ordinances including, but not limited to, Baldwin Park, Bell Gardens, Cudahy, Pomona, Ojai, Oxnard, Culver City, Santa Ana, Pasadena, Gardena, Inglewood, Beverly Hills and West Hollywood.
Overview of the Proposed Rent Stabilization Ordinance
The City of Maywood has a high proportion of renters as nearly three-quarters of Maywood’s housing is renteroccupied. In terms of the city’s household characteristics, most Maywood residents live in households with an average household size of 4.06 individuals and an average family size of 4.37 individuals. Nearly twenty percent of these households are experiencing poverty and among elderly families nearly 80% earn less than 50% of the area's median family income. As for housing costs, the cost is relatively high compared to Maywood’s median household income. Maywood’s renter-occupied households are more likely to be costburdened, with 63.2% of renter households spending 30% or more of their gross income on rent. An additional
30.7% spend 50% or more on rent.
As real estate costs continue to rise, rents are also increasing, which leads to a further decrease in affordability for many. Vulnerable residents who are already rent-burdened and struggling with high housing costs may be subject to displacement that can lead to homelessness. The purpose of a rent stabilization ordinance is to stabilize the rental market and promote long-term stability and certainty for tenants in the rental market while providing landlords with an ability to receive a fair return on their rental property. Most housing units in Maywood were constructed prior to 1959. Less than one percent (0.9%) of Maywood’s housing has been constructed since 2010 with only 0.1% constructed since 2014.
In 2018, USC Dornsife, Program for Environmental and Regional Equity, published a report entitled “Rent Matters: What are the Impacts of Rent Stabilization Measures?” commissioned by the California Community Foundation. The report showed that rent stabilization is one tool in addressing the housing crisis with far fewer negative impacts than what was generally thought. The study concluded that rent stabilization measures seem to promote resident stability and do not constrain new housing. The press release for the study is included as an attachment to this report.
With that background, the proposed rent stabilization ordinance includes the following provisions:
Permitted Rent Increases
• Rent increases for covered rental units are limited to 4% or the percentage change in the Consumer Price Index, whichever is lower.
• Only one rent increase in any twelve month period is permitted. • A reduction in housing services is an increase in rent. • The landlord must give notice of the rent increase
• The landlord may impose an annual rent increase only if the landlord has registered the covered rental
unit with the City.
• The landlord may not “bank” unused portions of the allowable rent increase in future years. • The landlord may set the initial rent for new tenancies pursuant to state law.
Covered Rental Units and Exemptions
• Ordinance applies to any dwelling unit in the City that is used or occupied for human habitation, unless otherwise exempt under the ordinance.
• Exemptions include units built after February 1, 1995, single-family homes and condominiums.
Landlord Must Register the Covered Rental Unit
• Landlord must first register the covered rental unit prior to imposing any rent increase permitted by the ordinance.
• Initial registration must occur within 60 days after the effective date of the Ordinance. Rental registration must be done annually.
• If Landlord claims an exemption, the Landlord must provide the City with a written declaration stating the claim of exemption.
• Landlord must pay an annual registration fee in the amount established by City Council resolution.
Capital Improvements
• Landlords may pass-through up to 50% of eligible capital improvement costs to the tenants. • Capital improvements must be for the primary benefit of the tenants, amortized over a useful life of at least five (5) years, and permanently fixed.
• Approved increases shall not exceed five (5%) of rent (however, extended amortization periods are allowed for cost-recovery).
• Requires an application to the Director of Building and Planning and written notice to the tenants prior to commencing the charge.
Landlord Petition Process-Fair Rate of Return
• Includes a process for landlords to request a fair and reasonable return rate adjustment. • Landlord must provide written notice to tenants prior to charging an approved increase • Landlord must have registered the rental unit and be current on payment of registration fees.
Tenant Petition for Rent Adjustment
• Includes a process for tenants to file an adjustment to their monthly rent for landlord violation of ordinance related to a rent increase or if there has been a reduction in Housing Services.
Administrative Procedures, Regulations and Guidelines
• Authorizes the City Manager or City Manager’s designee to promulgate administrative procedures, regulations and guidelines for the administration, implementation and enforcement of the Ordinance.
Such procedures, regulations and guidelines shall have the force of law.
Appeal Procedures
• Includes an administrative review and appeals process for the Director’s decisions on certain
applications by the landlord and tenant.
Citations and Remedies
• City may issue administrative citations for violation of the ordinance. • Landlord’s failure to comply with the ordinance can be asserted as an affirmative defense by the tenant. • Provides for civil liability for violation of the ordinance Proposed Implementation and Next Steps
At this time, it is unknown what the rent stabilization and an eventual tenant eviction protection ordinance will fully cost the City of Maywood to administer and enforce. This specific proposed Ordinance would allow for rental registration fees to recover costs. However, such fees may not be charged until a fee study is conducted and the fee is established by resolution of the City Council. The fee study will be performed to determine the full cost of administering and enforcing the new program. All initial costs will be appropriated from the City’s General Fund, specifically the local fiscal recovery fund.
At a minimum, City staff anticipates the addition of one (1) new full-time staff member. In addition, the City will have to hire or contract a hearing officer for future appeals and establish a rental registry. If this Ordinance is adopted, staff will work with the City's IT contractor to develop an electronic rental registry program.
Lastly, staff is reviewing costs related to enforcement of the Ordinance which may be able to be managed by both, the new full-time staff member and a seasoned Code Enforcement Officer.
LEGAL REVIEW:
The City Attorney has drafted this report.
FISCAL IMPACT:
The financial impact of implementing this Ordinance is unknown at this time. If adopted, staff will return to a future meeting with the new full-time classification and salary range; the cost for a fee study; costs associated with hiring a hearing officer; and the costs to build, implement, and manage a rental registry.
The general fund, specifically the local fiscal recovery fund, would be proposed to be used to implement this Ordinance.
ATTACHMENT(S)
1. Ordinance No. 23-07 Establishing Rent Stabilization Regulations
2. USC Summary on Rent Stabilization Study
ORDINANCE NO. 23-07
AN ORDINANCE OF THE CITY OF MAYWOOD ADDING A NEW
CHAPTER 21 TO TITLE 8 OF THE MAYWOOD MUNICIPAL CODE TO
ESTABLISH RENT STABILIZATION REGULATIONS
THE CITY COUNCIL OF THE CITY OF MAYWOOD DOES ORDAIN AS
FOLLOWS:
Section 1. Title 8 (Building Regulations) is hereby amended by adding a new Chapter 21 entitled “Rent Stabilization” to read as follows:
“Chapter 20. Rental Stabilization
8-21.01 Purpose.
8-21.02 Definitions.
8-21.03 Applicability.
8-21.04 Exemptions.
8-21.05 Excess Rents Unlawful.
8-21.06 Permissible Rental Rate Increases.
8-21.07 Reasonable Rate of Return.
8-21.08 Pass-Through of Capital Improvement Costs.
8-21.09 Landlord Application for Rent Adjustment.
8-21.10 Tenant Petition for Rent Adjustment.
8-21.11 Security Deposit.
8-21.12 Rental Unit Registration.
8-21.13 Rent Increases Ineffective.
8-21.14 Notices to Tenants.
8-21.15 Enforcement.
8-21.16 Administrative Review and Appeals.
8-21.17 Administrative Citations.
8-21.18 Additional Remedies.
8-21.19 Waiver of Provisions of this Chapter Prohibited. 8-21.20 Implementation and Rulemaking.
2 8-21.01 Findings and Purpose.
The City Council of the City of Maywood finds:
A. Rents throughout the Los Angeles County region continue to rise despite the Tenant Protection Act of 2019. Market pressures, such as increasing real estate costs, has led to a decrease of the affordability and stability of the housing stock. As a result, it is increasingly difficult for Tenants to find adequate, safe, and habitable housing at reasonable rents.
B. According to the Maywood Housing Element, nearly twenty percent of Maywood’s households are experiencing poverty. This is more than double the household poverty rate in the Southern California Association of Governments region.
Many elderly households are also experiencing poverty. Nearly 80% of Maywood’s elderly families earn less than 50% of the Housing and Urban Development Area Median Family Income. Of these elderly families, 57.7% are living in extreme poverty as they earn less than 30% of the Housing and Urban Development Area Median Family Income.
C. According to the Maywood Housing Element, nearly three-quarters of Maywood’s housing is renter-occupied. Approximately 63.2 % of Maywood renters are “rent burdened,” which is defined by the U.S. Department of Housing and Urban Development (HUD) as a renter-household spending more than 30% of its household income on rent. An additional 30.7% are excessively rent burdened spending 50% or more of their gross income on rent. This is higher than other cities in the Southern California Association of Governments region.
D. The purposes of this Chapter are to promote long-term stability and certainty for Tenants in the rental market while providing Landlords an ability to receive a fair and reasonable return with respect to the operation of their property. This Chapter regulates rents and requires Landlords to register rental property, establishes an administrative hearing process, and provides for procedures, regulations and guidelines for the implementation and enforcement of this Chapter. 8-21.02. Definitions. For purposes of this Chapter, unless the context requires otherwise, the following definitions shall apply:
A. “Administrative Procedures, Regulations and Guidelines” means the administrative procedures, regulations and guidelines adopted by the City Manager pursuant to Section 8-21.20 of this Chapter.
B. “Capital improvement” means the addition, substantial repair or replacement of any improvements to dwelling units, buildings, or common areas, which materially adds to the value of the property, appreciably prolongs its useful life or adapts it to new uses, provided such improvement has a useful life expectancy of more than five years and is the same type of improvement as those allowed to be amortized over the
3 useful life of the improvement in accordance with the Internal Revenue Code and its regulations or similar improvements as determined by the department and as specified in Section 8-21.08 and in the Administrative Procedures, Regulations and Guidelines. “Capital improvement” does not include normal or routine maintenance or repair or repairs covered by insurance.
C. “Covered Rental Unit” means any Rental Unit that is not designated as exempt pursuant to 8-21.04.
D . “Department” means the Building and Planning Department or other department designated by the City Manager to administer the provisions of this Chapter.
E. “Director” means the Director of Building and Planning or designee.
F. “Hearing Officer” means the person designated by the City Manager or designee to conduct a review hearing and decide petitions and appeals under this Chapter.
G. “Housing Services” means all services provided by the Landlord related to the use or occupancy of a Rental Unit, including, water, heat, utilities, insurance, maintenance, repairs, painting, elevator service, laundry facilities, janitorial service, refuse removal, furnishings, window shades and screens, parking, storage, security services, recreational areas, right to have specified number of Tenants or occupants, allowing pets, communications technologies (internet, cable and satellite services), and any other benefit, privilege or facility that has been provided by the Landlord to the Tenant with use or occupancy of a Rental Unit. Services to a Rental Unit shall include a proportionate part of services provided to common facilities of the building or residential complex in which a Rental Unit is contained.
H. “Landlord” means an owner, lessor, sublessor, or any other person entitled to offer any Rental Unit for Rent or entitled to receive Rent for the use and occupancy of a Rental Unit, and the agent, representative, or successor of any of the foregoing.
I. “Rent” means the sum of all periodic payments and all nonmonetary consideration demanded or received by a Landlord from a Tenant for the use or occupancy of a Rental Unit, including Tenant’s access to and use of housing services. “Rent” includes, without limitation, the fair market value of goods accepted, labor performed, or services rendered. “Rent” does not include any of the following: security deposits, utility charges billed separately to the Tenant by the utility company, and passthrough fees and charges authorized pursuant to this chapter.
J. “Rental agreement” means an agreement, oral, written, or implied, between a Landlord and Tenant for the use or occupancy of a Rental Unit and related housing services.
4 K. “Rental Unit” means any dwelling unit, as defined under California Civil Code Section 1940(c), located in the City and that is used or occupied for human habitation in consideration of payment of rent, whether or not the residential use is legally permitted, including, and accessory dwelling units.
L. “Residential Real Property” includes any parcel of land containing one or more dwelling units intended for human habitation.
M. “Service Reduction” means any decrease or diminution in the level of housing services provided by the Landlord on or after the effective date of this chapter, including, but not limited to, services the Landlord is required to provide pursuant to: (a) California Civil Code Section 1941 et seq.; (b) z a Rental Agreement between the Landlord and the Tenant; and (c) the level of service as implied by the condition of improvements, fixtures, and equipment, and their availability for use by the Landlord at the time of execution of the Rental Agreement with the Landlord.
N. “Tenancy” means the lawful right or entitlement of a Tenant to use or occupy a Rental Unit. This includes a lease or a sublease.
O. “Tenant” means a Tenant, subtenant, lessee, sublessee, or any other person entitled, under the terms of a Rental Agreement, to the use or occupancy of any Rental Unit.
8-21.03. Applicability. This Chapter shall apply to all Rental Units within the City, unless otherwise exempt pursuant to the provisions of this Chapter or State or federal law. This Chapter shall be known as the “Rent Stabilization Ordinance.” 8-21.04. Exemptions. This Chapter shall not apply to any dwelling units expressly exempt pursuant to any provision of state or federal law, and such units shall be exempt from the provisions of this Chapter, with the exception of the requirements of Section 8-
21.12. The following dwelling units are also specifically exempt from this Chapter, with the exception of the requirements of Section 8-21.12:
A. Any dwelling unit that has a certificate of occupancy or equivalent permit issued after February 1, 1995. For this purpose, certificate of occupancy or the equivalent permit, is the certificate first issued before the property is used for any residential purpose.
B. Any dwelling unit that is alienable separate from the title to any other dwelling unit, including single family residences, condominiums and townhomes, but excluding mobile homes offered for rent by the owner of the mobilehome, or is a subdivided interest in a subdivision, as specified in California Business and Professions Code Section 11004.5 (b), (d) or (f).
5 C. Any dwelling unit restricted by deed, regulatory for which the Landlord receives federal, state or local housing subsidies, but excluding any dwelling unit for which a Landlord receives federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937.
D. Any dwelling unit for which rental rates are separately governed by deed restriction, regulatory restriction, a contract or other recorded document with or required by a governmental or non-profit entity, for use as affordable housing pursuant to Health and Safety Code Section 50093.
E. Accommodations in a hotel, motel, inn, tourist home, or rooming and boarding house or other facilities, for which the City has received or is entitled to receive payment of transient occupancy tax pursuant to Article 3 of Chapter 5 of the Maywood Municipal Code.
F. A dwelling unit that the Landlord or the Landlord's immediate family occupies as their principal place of residence at the beginning of the Tenancy so long as the Landlord or the Landlord's immediate family continues in occupancy.
Any person with an ownership interest in a Rental Unit may claim an exemption from this Chapter by filing with the Department an application of exemption on a form approved by the Department.
8-21.05. Excess Rents Unlawful. It shall be unlawful for a Landlord to charge, demand, extract, accept, receive or retain any Rent in excess of the maximum amount which may be validly charged as set forth in this Chapter. 8-21.06. Permissible Rental Rate Increases.
A. Applicability. As of September 22, 2023, no Landlord may request, receive, or retain rent for a Covered Rental Unit from an existing Tenant whose Tenancy began on or before September 22, 2023, in an amount that exceeds the monthly rent that was in effect on September 22, 2023, plus any Rent increase authorized by this Section 8-
21.06. No Landlord may request, receive, or retain rent for a Covered Rental Unit from a Tenant whose Tenancy began after September 22, 2023, which amount exceeds the initial monthly rent charged for the Covered Rental Unit, plus any increase authorized by this Section 8-21.06, if applicable.
B. Annual Permissible Rent Increases. On or after September 22, 2023, Rent for a Covered Rental Unit may be increased no more than four percent (4%) or the change in the Consumer Price Index, whichever is less, subject to the following provisions:
1. For purposes of this paragraph, “change in CPI” means the percentage change in the Consumer Price Index for All Urban Consumers for the Los Angeles-Long Beach-Anaheim region over the previous 12-month period ending in April
6 of each year or such other month as provided for in the Administrative Procedures, Regulations and Guidelines.
2. No more than one Rent increase for a Covered Rental Unit may be imposed in any twelve (12) month period following the effective date of the ordinance adopting this Chapter.
3. A reduction in Housing Services is considered an increase in Rent.
4. No Landlord shall be obligated to decrease the Rent in the event of a negative percentage change in CPI. .
5. A Landlord may set an initial Rent for a Covered Rental Unit without restriction at the commencement of a new Tenancy where no Tenant or a member of Tenant’s household is an occupant of the Covered Rental Unit in question. After the Landlord sets the initial Rent for such Covered Rental Unit, the Landlord may only increase the rent as provided by this Chapter.
6. A Landlord may impose an annual Rent increase for any Covered Rental Unit, as allowed in this section, only after providing at least 30 days’ written notice to the Tenant of the rent increase pursuant to California Civil Code Section 827.
7. A Landlord may impose an annual Rent increase only upon registering the Rental Unit with the City and paying any required annual registration fee.
C. The Department shall announce the maximum allowable annual Rent increase effective as of July 1 of the same year or at such other date as set forth in the Administrative Procedures, Regulations and Guidelines.
D. A Landlord who does not impose an annual Rent increase or a portion of the permitted annual Rent increase waives that annual Rent increase or the remaining portion of that permitted annual rent increase for the remainder of the Tenancy. A Landlord shall not bank any waived or unused permitted annual rent increases for use in future years.
E. This chapter does not supersede a Landlord’s right to set the initial Rent for new tenancies under state law.
F. A Tenant of a Covered Rental Unit subject to this section shall not enter into a sublease that results in a total Rent for the Rental Unit that exceeds the allowable Rent authorized by this section. Nothing in this section authorizes a Tenant to sublet or assign the Tenant’s interest where otherwise prohibited.
G. A Tenant may refuse to pay a Rent increase which is in violation of this Chapter. Such refusal to pay the unallowed increased amount in excess of permitted Rent
7 charges shall be an affirmative defense in any action brought to recover possession of a Rental Unit or to collect the Rent increase owed.
H. Notwithstanding the provisions of this Section 8-21.07, any rent increase may not be imposed until after the 60th day from the effective date of this Chapter and as long as the Landlord is in compliance with the other provisions of this Chapter. 8-21.07. Reasonable Rate of Return. This Chapter allows for an annual adjustment of Rent for any of up to CPI or four percent (4%), whichever is less, as set forth in Section 8-21.06. The City finds such an increase provides a just and reasonable return on a Landlord's property, and has been adopted to encourage good management, reward efficiency, and discourage the flight of capital, as well as to be commensurate with returns on comparable investments, but not so high as to defeat the purpose of curtailing excessive rents and rental increases. Notwithstanding the foregoing, however, any Landlord who contends that the limit on rental increases set forth in this Chapter above will prevent a Landlord from receiving a fair and reasonable return on their property may petition for relief from the cap set forth in Section 8-21.06 under the procedures set forth in section 8-21.09 and under applicable laws.
8-21.08. Pass-Through of Capital Improvements Costs.
A. A Landlord may pass through fifty percent (50%) of Capital Improvement costs to existing Tenants in Covered Rental Unit in accordance with this Section and the Administrative Procedures, Regulations and Guidelines.
B. Capital Improvements must be for the primary benefit, use and enjoyment of Tenants, cost-factored, and amortized over a useful life of at least five (5) years, and permanently fixed in place or relatively immobile and appropriate to the use of the rental property. A Landlord must file an application for recover of Capital Improvement costs within twelve (12) months from the date of completion of the Capital Improvement.
C. If a Landlord’s application is approved by the Director, the Landlord may pass-through approved costs of Capital Improvements to Tenants in Covered Rental Units only if: (1) the Landlord has provided written notice to the Tenant of the approved pass-through costs to Tenants in accordance with California Civil Code Section 827; (2) the Landlord has registered each Rental Unit, and is current on payment of registration fees pursuant to Section 8-21.12.
D. The Director's decision may be appealed to a hearing officer in accordance with Section 8-21.15.
8-21.09. Landlord Application for Rent Adjustment.
A. If a Landlord desires to increase the Rent for a Covered Rental Unit in an amount greater than allowed in Section 8-21.06, and the Landlord contends that the limitations on Rent increases in Section 8-21.06 will prevent the Landlord from receiving
8 a fair and reasonable return with respect to the operation of the property containing the Rental Unit, the Landlord may file a rent adjustment application with the Community Development Department to request an increase in Rent beyond the amount permitted under Section 8-21.06. The application for the Rent increase shall be processed in accordance with the provisions herein and the Administrative Procedures, Regulations and Guidelines.
B. Nothing in this Section shall be interpreted to authorize a Rent increase for a Covered Rental Unit in excess of the amount authorized pursuant to California Civil Code Section 1947.12.
C. If a Landlord’s application for a rent increase is approved by the Director, the rent increase is effective only if: (1) the Landlord has provided written notice to the Tenant of the approved Rent increase for the Covered Rental Unit in accordance with California Civil Code Section 827; and (2) the Landlord has registered each Rental Unit in the Rental Property, and is current on payment of registration fees pursuant to Section 8-21.12.
D. The Director's decision may be appealed to a hearing officer in accordance with Section 8-21.15.
8-21.10. Tenant Petition for Rent Adjustment.
A. If a Tenant contends that a proposed or actual rent increase is not in compliance with this Chapter or that there has been a reduction in Housing Services, the Tenant may file a petition with the Department within one-hundred eighty (180) days from the date the Tenant knew, or reasonably should have known, of the Landlord’s potential violation. The Tenant shall mail a copy of the petition by first class mail, postage prepaid, to the Landlord within five calendar days after the date the petition is filed. Within ten calendar days after the date the petition is filed, the Tenant shall file a proof of service signed under penalty of perjury stating that a copy of the petition was mailed to the Landlord. The petition shall include a statement indicating the basis on which the Tenant contends that a proposed or actual rent increase or a proposed or actual reduction in housing services is in violation of this Chapter, together with any evidence that the Tenant wants the Director to consider. The Tenant shall bear the burden of proving by a preponderance of the evidence at the hearing that the rent increase or reduction in housing services is not in compliance with this Chapter.
B. Tenant petitions will be considered and determined by the Director in accordance with Administrative Procedures, Regulations and Guidelines. The Director's decision may be appealed to a hearing officer, in accordance with the procedures set forth in Section 8-21.16
9 8-21.11. Security Deposit.
A. Landlord may not demand or receive a security deposit, however denominated, in an amount or value in excess of the security deposit charged or received at the initiation of the Tenancy.
B. As used in this section, security deposit means any “security” as defined in California Civil Code Section 1950.5.
8-21.12. Rental Unit Registration.
A. Registration Required. No Landlord shall demand or accept rent for a Covered Rental Unit without first registering the Covered Rental Unit and serving on the Tenant or displaying in a conspicuous place, proof of registration.
B. Registration Process.
1. Within 60 days after the effective date of this Chapter for the initial registration, and on or before September 30th of each subsequent year, a Landlord must register with the department each Rental Unit that is rented or available for rent for a term exceeding 30 consecutive days by filing a rental registration in a form approved by the City. The Landlord shall provide the Rent amount and Tenancy information for every Rental Unit on the rental registration form. Registration is complete only when any and all fees under this Chapter have been paid and all of the following information is provided:
ownership information; property information; year built; certificate of occupancy date or the date the final permit was issued by the City; the number of total Rental Units in the rental property; the number of bedrooms and bathrooms for each Rental Unit; Tenant information, including names and move-in dates; the amount of rent in effect at the time of registration and the date and amount of the last rent increase; and a description of the housing services.
2. After the initial Rental Unit registration, the Landlord shall: (i) update the rental registration annually; (ii) update the rental registration within 30 days of the start of a new tenancy; (iii) update the rental registration if there is any subsequent change in tenancy or ownership (i.e. change in ownership or management or change in owner’s or manager’s contact information).
3. A Landlord of a Rental Unit which is not registered with the City because of a claim of exemption, shall provide the City, on a form approved by the City and accompanied by supporting documentation, a written declaration stating the facts upon which the Landlord bases a claim of exemption from this Chapter. If a Landlord fails to submit a written declaration and supporting documents by September 30, 2023 and September 30 of each year thereafter, the Rental Unit shall be deemed to be subject to the provisions of this Section 8-21.06. If a Landlord declares that the Rental Unit is not subject to the registration requirements of this Section because the Rental Unit is vacant,
10 the Landlord shall provide a certification to the Department declaring that the Rental Unit is and shall remain vacant, and the Rental Unit shall be secured against unauthorized entry.
4. For every Rental Unit for which a Landlord is required to register pursuant to this Section, the Landlord shall post a notice in a form provided by the City, providing information about this Chapter and the Department’s contact information.
Notices must be posted in a conspicuous location in the common area, at the entry or entries to the building or units, or other similar location or locations as necessary to provide Tenants a reasonable opportunity to view the notice. If there is no common area or similar location, this requirement may be satisfied by mailing the notice to each Tenant of the building, by certified mail, return receipt requested. The notice shall be written in English and Spanish, and in any other languages as required by the City.
C. Failure to Comply; Appeals and Final Administrative Decision.
1. The Department shall provide written notification to the Landlord of a failure to comply with this Section and allow 15 calendar days to respond. The Landlord is deemed not in compliance until the Landlord provides the rental information as required by Section 8-21.12.B.1.
2. Any Landlord disputing the Department’s notification of deficient registration may file a written appeal with the City Clerk within ten calendar days of the date of the notice of deficiency. The City Manager shall provide a written notice within 30 calendar days of its appeal decision, which shall be a final administrative decision.
D. Registration fee.
1. A Landlord must pay an annual registration fee for each Rental Unit in the amount established by resolution of the City Council. Such fees are intended to recover the city's reasonable costs associated with the administration and enforcement of the rent stabilization and Tenant eviction protection regulations as set forth in this Chapter 8-21 and Chapter 8-17.
2. A Landlord may recover fifty percent (50%) of the registration fee from the Tenant for the registration of Tenant's Rental Unit (the "pass-through fee"). A Landlord may only collect one pass-through fee at a time and only if the Landlord provides the Tenant with thirty (30) days’ notice before collecting the pass-through fee. The passthrough fee is not considered rent and should appear as a separate line item on the rent statement. A Tenant’s payment to the Landlord for the pass-through fee shall be paid in twelve (12) equal monthly installments, unless otherwise agreed to by the Tenant. 8-21.13. Rent Increases Ineffective.
A. No Rent increase shall be effective if the Landlord:
11 1. Fails to substantially comply with all provisions of this Chapter, as it may be amended from time to time, and with any other applicable policies, regulations or resolutions concerning Rent, including without limitation the service of the Tenant with a legally required notice of a rent increase under State law, the registration of all Rental Units within the City, and the payment of all fees; or
2. Fails to maintain the residential real property in compliance with California Civil Code Sections 1941.1 et seq. and California Health and Safety Code sections 17920.3 and 17920.10; or
3. Fails to make repairs ordered by the City or court of competent jurisdiction.
B. Any waiver or purported waiver by a Tenant of rights granted under this article prior to the time when such rights may be exercised shall be void as contrary to public policy.
8-21.14. Notices to Tenants.
A. Mandatory Notices to Tenants. Landlords must provide to each Tenant, prior to, or at the time of, agreeing to rent or lease a Covered Rental Unit, a notice of Tenant rights under this Chapter. The Department shall publish a form notice of Tenant rights in English and Spanish and any other language as needed. Landlords must provide the form notice in the following circumstances.
1. When entering into a rental agreement, by including a copy of the form notice as an exhibit or attachment to the written rental agreement;
2. When renewing a rental agreement; and
3. When providing notice of a rent increase or decrease in a Covered Rental Unit.
B. Notice Regarding Potential Pass-Through Costs and Fees. A Landlord shall include language in the rental agreement that Tenant may be subject to pass-through costs and fees that have been reviewed and approved by the Department.
C. If the rental agreement is negotiated or written in a language other than English, the Landlord must also provide the form notice of Tenant rights and notice regarding potential pass-through costs and fees in English and the language in which the rental agreement was negotiated or written.
12 8-21.15 Enforcement. The Department is authorized to take appropriate steps it deems necessary to administer and enforce this Chapter. 8-21.16 Administrative Review and Appeals.
A. Administrative Review.
1. The Director's decision on a Rent Adjustment Application, PassThrough Cost Recovery Application or a Tenant Petition for Adjustment will be given in a notice of decision. In the case of a decision on a Rent Adjustment Application or PassThrough Cost Recovery Application, the Landlord shall, within five calendar days after the decision date identified in a notice of decision that approves an increase in rent or a passthrough of capital improvement costs or other pass-through, deliver a copy of the notice to each affected Tenant. In the case of a decision on a Tenant Petition for Adjustment, the Director shall serve the notice of decision on the Tenant and the Landlord concurrently.
2. The Director shall review and evaluate applications pursuant to this chapter and issue a notice of decision in accordance with adopted procedures and regulations.
3. The Director may request documents, interview witnesses and affected parties, and gather necessary evidence to review and make appropriate conclusions and findings.
4. The Director's decision may be appealed to a hearing officer in accordance with the following procedures set forth herein.
B. Appeal. A Landlord or an affected Tenant who wishes to contest the Director's decision on a Rent Adjustment Application or Pass-Through Cost Recovery Application, or a Landlord or Tenant who wishes to contest the Director's decision on a Tenant Petition for Adjustment, may file a request for appeal of the Director's decision with the City Clerk requesting a hearing, which will be heard in accordance with the procedures set forth in this Section.
1. Appeals shall be submitted in writing on a request for appeal form, along with the accompanying appeal fee, and filed with City Clerk within 30 calendar days after the decision date identified in the notice of decision (“final decision”). The hearing officer shall have no authority to consider matters not filed within thirty (30) days of the final decision. If the filing deadline falls on a weekend, holiday, or other day when city hall is officially closed, the filing deadline will extend to the following city hall business day.
13 2. The request for appeal shall specifically state the pertinent facts and the basis for the appeal and shall include:
a. A general statement, specifying the basis for the appeal and the specific aspect of the decision being appealed, and shall be based upon an error in fact or dispute of findings.
b. Supporting evidence substantiating the basis for the appeal. c. Any other documentation or information the appealing party wants the hearing officer to consider.
C. Hearing Procedure.
1. Hearing Dates. A hearing on a request for appeal will be scheduled before a hearing officer for a date no sooner than 15 days and no later than 60 days after receipt of the request for appeal, unless the hearing officer determines that good cause exists for an extension of time. Upon setting the hearing date, the hearing officer shall send written notice to the appealing party of the date, time and place set for the hearing.
Within five (5) calendar days of receipt of the notice of hearing, the appealing party shall deliver a copy of the notice to each affected Tenant or Landlord, as applicable, via personal service or certified mail return receipt requested.
2. Public Hearing. The appeal hearing shall be conducted at a hearing open to the public. At the hearing, the hearing officer shall review the record of the decision and hear testimony of the party requesting the appeal, representatives of the department, and any other interested party. The hearing office may continue the hearing and request additional information from the Landlord or Tenant before issuing a written decision. The hearing officer shall have the power to issue orders to keep order and decorum during the hearing.
3. Application and Materials. At an appeal hearing, the hearing officer shall consider only the administrative record that was the subject of the department’s final decision.
4. Hearing continuance. The hearing officer may, in his or her discretion, grant a continuance of the hearing date upon a request and a showing of good cause. The request must be made in writing and be received by the hearing officer at least five business days prior to the hearing date. If the Landlord is the party requesting an extension, the Landlord must personally deliver a copy of the request to the affected Tenant(s). If a Tenant is the party requesting an extension, the Tenant must personally deliver a copy of the request to the Landlord or Landlord's agent. In no event shall the continuance be longer than 15 calendar days from the originally scheduled hearing date.
14 D. Decision and Notice.
1. After the hearing, the hearing officer shall either: (a) affirm, modify, or reverse the department’s decision and specify the reasons for its decision; or (b) refer the matter back to the department for further review.
2. A written decision shall be rendered within thirty (30) calendar days of the conclusion of the hearing. The hearing officer shall deny, affirm or modify the Director’s decision and shall adopt written findings in support of that decision.
3. The written decision shall be served by first-class mail, postage prepaid on the appealing party and as applicable, the Landlord or affected Tenant within ten (10)days after the hearing officer renders its decision.
E. Final Decision. The decision of the hearing officer shall be final and not subject to further appeal.
F. Judicial Review of Hearing Officer Decision. Any person directly aggrieved by an administrative decision of a hearing officer pertaining to a request for appeal of a director’s decision under this Chapter, may seek judicial review in the court pursuant to Government Code Section 53069.4 and/or Code of Civil Procedure Sections 1094.5 and 1094.6.
G. Hearing Officer. The City Manager shall establish procedures for the selection of a Hearing Officer. Hearing Officers shall be selected in a manner that avoids the potential for pecuniary or other bias. In no event shall the Hearing Officer be the Director. The compensation, if any, of the Hearing Officer shall be paid by the City.
Compensation shall not be directly or indirectly conditioned upon whether or not decisions of the City are upheld by the Hearing Officer.
8-21.17 Administrative Citations. Administrative Citation. Any Landlord or Tenant who violates any provision of this chapter, or department’s procedures and guidelines, is subject to an administrative citation and fine as provided for in Section 6-4.30 of this Code.
8-21.18 Additional Remedies.
A. Civil Liability. Any Tenant, or any other person or entity acting on behalf of the Tenant, who will fairly and adequately represent the Tenant’s interest, including the city, is authorized to bring a civil action and/or proceeding in a court of competent jurisdiction for violation of this chapter, for civil penalties, injunctive, declaratory and other equitable relief, restitution and reasonable attorneys’ fees and costs and may take such other steps as necessary to enforce this chapter. The court may award reasonable
15 attorneys’ fees and costs to a Landlord who prevails in any such action if the court determines that the Tenant’s action was frivolous.
B. Defense to Eviction. A Tenant may assert as an affirmative defense a Landlord’s failure to comply with the provisions of this chapter in any action by a Landlord to recover possession of a Rental Unit.
C. Each violation of any provision of this chapter, and each day during which any such violation is committed, permitted or continued, shall constitute a separate offense.
D. The above remedies are not exclusive and do not preclude the city or any Tenant from seeking other remedies or penalties provided by applicable law. 8-21.19. Waiver of Provisions of this Chapter Prohibited. Any provision of a rental agreement or lease, including any amendment or extension, or any other agreement between a Landlord and a Tenant, which waives any provision of this Chapter, including but not limited to the provision relating to the maximum amount of rent to be paid for a Covered Rental Unit, shall be deemed to be against public policy and shall be void, unless expressly authorized by State law.
8-21.20. Implementation and Rulemaking.
A. The City Manager and City Attorney shall take all actions necessary to implement this Rent Stabilization Ordinance and effectuate the intent of the City Council in adopting this Rent Stabilization Ordinance, including the preparation of informational materials and forms.
B. To implement and enforce this Chapter, the City Manager may adopt administrative procedures, regulations and guidelines consistent with the provisions of this Chapter. These administrative procedures, regulations and guidelines shall have the force and effect of law and may be relied upon by the parties to determine their rights and responsibilities under this Chapter. Such administrative procedures, regulations and guidelines shall be posted at City Hall or on the City’s website or made available by the City when so adopted.
Section 2. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, without regard to whether any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
16 Section 3. Effective Date of Ordinance. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
Section 4. Certification and Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted in the manner prescribed by law.
PASSED, APPROVED, AND ADOPTED, this ___ day of ________, 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Frank Garcia, Mayor
ATTEST:
_________________________________
Daisy Guerrero, Deputy City Clerk
APPROVED AS TO FORM:
___________________________________
Roxanne Diaz, City Attorney
17 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF MAYWOOD )
I, Daisy Guerrero, Deputy City Clerk of the City of Maywood, County of Los Angeles, State of California, do hereby certify that the foregoing Ordinance, being Ordinance No. 23-07, was duly passed, approved by not less than four members of the City Council of the City of Maywood, signed by the Mayor of said City, and attested by the City Clerk, all at a regular meeting of the City Council held on the 26th day of July, 2023, that it was duly posted and that the same was passed and adopted by the following vote, to wit:
AYES:
NAYES:
ABSENT:
ABSTAINED:
___________________________
Daisy Guerrero, Deputy City Clerk
PRESS
CONTACT
Gladys
Malibiran
(213)
821-‐5258
[email protected]
Embargoed
until
Wednesday,
October
10,
2018 12am
PDT
A
new
study
looks
at
rent
regulations’
impacts
on
local economies,
affordability,
residential
stability,
and
social
well-‐being
Researchers
find that
rent
stabilization
is
a
useful
tool
in
addressing
California’s
dire
housing
crisis
LOS
ANGELES
–Today,
the Program
for
Environmental
and
Regional
Equity
(PERE)
at
the
University
of
Southern
California
released
a
report
reviewing
existing
academic
research
on
the
economic
and
social
impacts
of
rent
regulations. According
to
the
report,
Rent
Matters:
What
are
the
Impacts
of
Rent
Stabilization
Measures?, moderate
rent
stabilization
is
one
tool
in
a
set
of
solutions
that
can
help
address
the
state’s
dire
housing
crisis.
Report
co-‐authors
USC
Professor
Manuel
Pastor,
Vanessa
Carter,
and
Maya
Abood
provide
the
most
in-‐
depth
look
at
the
research
to
date
on
rent
regulations
and
how
various
policies
impact renters,
owners,
and
local economies.
“While
the
housing
crisis
requires
a
range
of
strategies,
moderate
rent
regulation is
a
useful
tool
to
be
nested
in
broader
strategy.
It
has
fewer
damaging
effects
than
are
often
imagined,
it
can
address
economic
pain,
and
it
can
promote
housing
stability,”
said
Professor
Manuel
Pastor,
the
report’s
co-‐
author.
“And
housing
stability
matters
because
it
is
associated
with
physical,
social,
and
psychological
well-‐being;
higher
educational
achievement
by
the
young;
and
benefits
for
people
of
color.”
Key
findings
in
Rent
Matters include:
• Rent
regulations
do
not
necessarily
increase
the
rent
of
non-‐regulated
units
and
may
actually
keep
rent
more
affordable
for
all.
• Rent
regulations
have
minimal
negative
impact
on
new
construction.
• Rent
stabilization
increases
housing
stability,
which
has
important
health
and
educational
attainment
benefits.
• When
rent
regulations
allow
for
condominium
conversion,
units
are
then
taken
off
the
market.
• There
is
no
conclusive
evidence
about
the
impacts
on
“mom
and
pop”
landlords.
• Rent
regulations
may
deter
gentrification.
As
detailed
in
the
report,
rent
regulations
have
less
deleterious
effects
than
is
often
imagined—
particularly
more
moderate
rent
stabilization
measures—which
seem
to
promote
resident
stability
which
can
help
slow
the
displacement
dimension
of
gentrification.
Vanessa
Carter,
co-‐author
of
the
report
said,
“We
found
that
rent
regulations
should
be
combined
with
robust
efforts
to
promote
housing
supply—particularly
of
affordable
units—as
well
as
job
training
and
economic
development
programs
that
can
lift
incomes
and
promote
mobility.
This
kind
of
multi-‐pronged
approach
can
help
to
deal
with
the
housing
stresses
and
strains
that
are
currently
worrying
renters,
owners,
and
employers
alike.”
While
rent
regulation
is
only
one
part
of
a
policy
agenda
to
address
the
housing
crisis,
it
has
become
of
interest
because
it
has
an
important
niche:
“It
is
easy
to
implement
and
it
can
quickly
address
the
economic
pain
of
some,” says
Professor
Pastor.
“This
study
is
important
for
politicians,
advocates,
organizers,
and
agencies
looking
to
understand
the
impacts
of
such
measures
on
cities
and
regions,
particularly
in
California,
which
has
become
a
policy
proving
ground
for
solutions
that
can
be
implemented
across
the
nation.”
The
report
surveys an
extensive
array
of
research
on
rent
stabilization.
It
integrates
economic
literature
with
an
analysis
of
housing
and
tenant
mobility
drawn
from
the
fields
of
public
health,
education,
urban
planning,
and
sociology.
Read
and
download
the
report
at:
https://dornsife.usc.edu/pere/rent-‐matters
About
PERE
Established
in
2007,
the
USC
Program
for
Environmental
and
Regional
Equity
(PERE)
is
a
research
unit
situated
within
the
University
of
Southern
California’s
Dornsife
College
of
Letters,
Arts
&
Sciences.
PERE
conducts
research
and
facilitates
discussions
on issues
of
environmental
justice,
regional
inclusion,
and
social
movement
building. PERE’s
work
is
rooted
in
the
new
three
R’s:
rigor,
relevance,
and
reach.
We
conduct
high-‐quality
research
in
our
focus
areas
that
is
relevant
to
public
policy
concerns
and that
reaches
directly
affected
communities
that
most
need
to
be
engaged
in
the
discussion.
For
more
information,
visit
dornsife.usc.edu/PERE.
On
Twitter
@PERE_USC.