Cities Index.
Agenda packet, regular meeting

Maywood City Council
May 22, 2024

Document
Agenda packet, regular meeting
Meeting
May 22, 2024
Body
Maywood City Council
Pages
344
Original file
19.6 MB
Text extracted from the city's file for reading and search. Open the original on maywoodca.api.civicclerk.com. That file is the official record.

7 IV. SCHEDULE
Deadlines
Release of Requests for Proposals May 23, 2024
Submittal of Questions June 03, 2024, by 3:00 pm
Response to Questions June 07, 2024, by 4:00 pm
Proposal Due Date June 11, 2024, by 4:00 pm
Proposal Review/Evaluation Week of June 12, 2024
Optional Interview (if required) Week of June 12, 2024
Tentative City Council award June/July 2024
Tentative Start date July/August 2024
* These dates are anticipated and may change.

V. QUESTIONS
All inquiries regarding this request must be submitted to PlanetBids. City will post responses to questions on PlanetBids.

VI. 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.

Proposals shall be submitted in searchable PDF format on the City’s portal on PlanetBids at the following website: https://pbsystem.planetbids.com/portal/64496/portal-home Please address the Proposals to:

City of Maywood
Attention: Miguel Leon
4319 Slauson Avenue
Maywood, CA 90270
Separate files shall be submitted for Technical and Cost Proposals. Submittals received after the specified date and time will be considered late and will not be considered for further evaluation.

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8 VII. SUBMITTAL FORMAT
All Respondents must submit qualifications according to the specifications set forth below. Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Responses should emphasize the Respondent’s demonstrated capability to perform work of this type.

Proposals shall be valid for a minimum of 90 days following submission. Expensive bindings, colored displays, promotional materials, etc., are not necessary or desired.

EMPHASIS SHOULD BE ON COMPLETENESS AND CLARITY OF CONTENT. The proposal shall not exceed 20 pages. The City reserves the right to request additional information that, in the City’s opinion, is necessary to ensure that the Proposer’s competence, qualified employees, business organization and financial resources are adequate for the performance of the services under this RFP.

A. WORK PROPOSAL

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

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

3. Experience and Qualifications
a. Describe the Respondent, its size and organization, the number and location of offices, and general operational structure, as well as its management and key personnel. Provide a description of the Respondent’s Respondent, its size and organization, the number and location of offices and general operational structure. Include a discussion demonstrating that the Respondent has the resources (financial, equipment, labor and capacity) available to provide services under this RFP from the first day at the start of the work.

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9 b. Provide a summary of Respondents qualification and experience in drone shows and programming. At a minimum, Respondent should have at least five (5) years consecutive experience.
c. Provide at least three references that received similar services from your Respondent at a minimum over the last five years. Include name of organization, contact name, telephone number and email address. d. Demonstrate the qualifications of all personnel to be assigned to the City, including key personnel, by providing resumes and/or relative experience summaries describing their education, credentials, licensing, training and related experience and their proposed roles for this contract. e. Provide an organization chart of the proposed team, including a contingency plan should a member of the proposed team be unable to fulfill their responsibilities.
f. Respondent shall hold the required license(s) to perform the work and provide proof of required license for itself and its personnel.

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

5. Proposed Materials and Services
a. Proposal should indicate the company’s availability to provide the items listed in Attachment 1 and any other relevant materials and services for this proposal.

6. Substitutions
a. If you are unable to provide all the requested items, please indicate comparable substitutions and/or submit bid proposal for partial equipment.

Pricing must be itemized for each individual item and include tax and delivery/takedown.

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. 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.

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10 c. In addition, Respondent shall also submit the rates/compensation for any “additional services” that Respondent can provide.
d. Provide a PDF file of the cost proposal and make clear all extra fees.

VIII. 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.

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

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

The selected Respondent shall comply with any and all Federal and State laws applicable to the services. All proposals submitted to the City of Maywood in response to this RFP 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.

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11 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.

X. 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.

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

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

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

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

2. Other criteria shall include, but not be limited to:

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12 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.

XII. 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.

XIII. 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.

XIV. ATTACHMENTS
Attachment 1. Form Professional Services Agreement

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ATTACHMENT 1
Form Professional Services Agreement

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

RECITALS
A. City desires to utilize the services of Consultant as an independent Consultant to perform ____________________________________.

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

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

The Parties therefore agree as follows:

1. CONSULTANT’S SERVICES.

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

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

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

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

E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services

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required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.

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

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

2. TERM OF AGREEMENT. THE TERM OF THIS AGREEMENT SHALL BE FROM THE EFFECTIVE DATE THROUGH _________________, UNLESS SOONER TERMINATED AS PROVIDED IN SECTION 12 OF THIS AGREEMENT OR EXTENDED.

3. COMPENSATION.

A. Compensation. As full compensation for Scope of Services satisfactorily rendered, City agrees to compensate Consultant, and Consultant agrees to accept in full satisfaction for the services required by this Agreement, __________________, as more particularly described in Exhibit B (“Compensation”). Said Compensation shall constitute reimbursement of Consultant’s fee for the services as well as the actual cost of any staff time, other direct or indirect costs or fees, including the work of employees, consultants and subcontractors, equipment, materials, and supplies necessary to provide the service (including all labor, materials, delivery, tax, assembly, and installation, as applicable). In no event shall the Consultant be paid more than $___________, which includes expenses and additional services (if any) during the term of this Agreement (“Maximum Compensation”).

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

C. Unauthorized Services and Expenses. City will not pay for any services not specified in the Scope of Services, unless the City Council or the City Representative, if applicable, and the Consultant Representative authorize such services in writing prior to Consultant’s performance of those services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council or the City Representative shall be compensated at the rates set forth in Exhibit B, or, if not specified, at a rate mutually agreed to by the Parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.

4. METHOD OF PAYMENT.

A. Invoices. Consultant shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the

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amount due. City shall review each invoice and notify Consultant in writing within ten Business days of receipt of any disputed invoice amounts.

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

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

5. INDEPENDENT CONSULTANT. CONSULTANT IS, AND SHALL AT ALL TIMES REMAIN AS TO CITY, A WHOLLY INDEPENDENT CONSULTANT. CONSULTANT SHALL HAVE NO POWER TO INCUR ANY DEBT, OBLIGATION, OR LIABILITY ON BEHALF OF CITY. NEITHER CITY NOR ANY OF

ITS AGENTS SHALL HAVE CONTROL OVER THE CONDUCT OF CONSULTANT OR ANY OF CONSULTANT’S EMPLOYEES, EXCEPT AS SET FORTH IN THIS AGREEMENT. CONSULTANT

SHALL NOT, AT ANY TIME, OR IN ANY MANNER, REPRESENT THAT IT OR ANY OF ITS OFFICERS, AGENTS OR EMPLOYEES ARE IN ANY MANNER EMPLOYEES OF CITY.

6. INFORMATION AND DOCUMENTS.

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

B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to

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cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.

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

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

7. CONFLICTS OF INTEREST. CONSULTANT AND ITS OFFICERS, EMPLOYEES, ASSOCIATES

AND SUBCONSULTANTS, IF ANY, SHALL COMPLY WITH ALL CONFLICT OF INTEREST STATUTES OF THE STATE OF CALIFORNIA APPLICABLE TO CONSULTANT’S SERVICES UNDER THIS AGREEMENT, INCLUDING THE POLITICAL REFORM ACT (GOV. CODE § 81000, ET SEQ.) AND GOVERNMENT CODE SECTION 1090. DURING THE TERM OF THIS AGREEMENT, CONSULTANT

MAY PERFORM SIMILAR SERVICES FOR OTHER CLIENTS, BUT CONSULTANT AND ITS OFFICERS,

EMPLOYEES, ASSOCIATES AND SUBCONSULTANTS SHALL NOT, WITHOUT THE CITY REPRESENTATIVE’S PRIOR WRITTEN APPROVAL, PERFORM WORK FOR ANOTHER PERSON OR

ENTITY FOR WHOM CONSULTANT IS NOT CURRENTLY PERFORMING WORK THAT WOULD

REQUIRE CONSULTANT OR ONE OF ITS OFFICERS, EMPLOYEES, ASSOCIATES OR

SUBCONSULTANTS TO ABSTAIN FROM A DECISION UNDER THIS AGREEMENT PURSUANT TO A CONFLICT OF INTEREST STATUTE. CONSULTANT SHALL INCORPORATE A CLAUSE

SUBSTANTIALLY SIMILAR TO THIS SECTION INTO ANY SUBCONTRACT THAT CONSULTANT EXECUTES IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT.

8. INDEMNIFICATION, HOLD HARMLESS, AND DUTY TO DEFEND.

A. Indemnities.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent Consultants in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether

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

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

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

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

9. INSURANCE.

A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of $1,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $1,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds. 2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $1,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Consultant shall provide insurance in the amount required by California law.
3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required, but Consultant shall execute a declaration that it has no employees.

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

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

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

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

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

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

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

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

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

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

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

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

10. MUTUAL COOPERATION.

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

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

11. RECORDS AND INSPECTIONS. CONSULTANT SHALL MAINTAIN COMPLETE AND

ACCURATE RECORDS WITH RESPECT TO TIME, COSTS, EXPENSES, RECEIPTS,

CORRESPONDENCE, AND OTHER SUCH INFORMATION REQUIRED BY CITY THAT RELATE TO THE PERFORMANCE OF THE SERVICES. ALL SUCH RECORDS SHALL BE MAINTAINED IN

ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AND SHALL BE CLEARLY IDENTIFIED AND READILY ACCESSIBLE. CONSULTANT SHALL PROVIDE FREE ACCESS TO CITY,

ITS DESIGNEES AND REPRESENTATIVES AT REASONABLE TIMES, AND SHALL ALLOW CITY TO

EXAMINE AND AUDIT THE BOOKS AND RECORDS, TO MAKE TRANSCRIPTS THEREFROM AS

NECESSARY, AND TO INSPECT ALL WORK, DATA, DOCUMENTS, PROCEEDINGS AND ACTIVITIES RELATED TO THIS AGREEMENT. SUCH RECORDS, TOGETHER WITH SUPPORTING DOCUMENTS, SHALL BE MAINTAINED FOR A PERIOD OF THREE YEARS AFTER RECEIPT OF FINAL PAYMENT.

12. TERMINATION OF AGREEMENT.

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

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

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13. FORCE MAJEURE. CONSULTANT SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM

ITS OBLIGATIONS UNDER THIS AGREEMENT IF CONSULTANT PRESENTS ACCEPTABLE EVIDENCE, IN CITY’S SOLE JUDGMENT, THAT SUCH FAILURE WAS DUE TO ACTS OF GOD,

EMBARGOES, INABILITY TO OBTAIN LABOR OR MATERIALS OR REASONABLE SUBSTITUTES FOR

LABOR OR MATERIALS, GOVERNMENTAL RESTRICTIONS, GOVERNMENTAL REGULATIONS,

GOVERNMENTAL CONTROLS, JUDICIAL ORDERS, ENEMY OR HOSTILE GOVERNMENTAL ACTION, CIVIL COMMOTION, FIRE OR OTHER CASUALTY, OR OTHER CAUSES BEYOND CONSULTANT’S REASONABLE CONTROL AND NOT DUE TO ANY ACT BY CONSULTANT.

14. DEFAULT.

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

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

15. NOTICES. ANY NOTICE, CONSENT, REQUEST, DEMAND, BILL, INVOICE, REPORT OR

OTHER COMMUNICATION REQUIRED OR PERMITTED UNDER THIS AGREEMENT SHALL BE IN WRITING AND CONCLUSIVELY DEEMED EFFECTIVE: (A) ON PERSONAL DELIVERY, (B) ON CONFIRMED DELIVERY BY COURIER SERVICE DURING CONSULTANT’S AND CITY’S REGULAR

BUSINESS HOURS, OR (C) THREE BUSINESS DAYS AFTER DEPOSIT IN THE UNITED STATES

MAIL, BY FIRST CLASS MAIL, POSTAGE PREPAID, AND ADDRESSED TO THE PARTY TO BE NOTIFIED AS SET FORTH BELOW:

If to City: If to Consultant:

Attn: City Manager _________________
City of Maywood _________________
4319 East Slauson Avenue _________________
Maywood, California 90270 _________________

16. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY. IN THE

PERFORMANCE OF THIS AGREEMENT, CONSULTANT SHALL NOT DISCRIMINATE AGAINST ANY

EMPLOYEE, SUBCONSULTANT OR APPLICANT FOR EMPLOYMENT BECAUSE OF RACE, COLOR,

RELIGIOUS CREED, SEX, GENDER, GENDER IDENTITY, GENDER EXPRESSION, MARITAL STATUS,

NATIONAL ORIGIN, ANCESTRY, AGE, PHYSICAL DISABILITY, MENTAL DISABILITY, MEDICAL

CONDITION, GENETIC INFORMATION, SEXUAL ORIENTATION OR OTHER BASIS PROHIBITED BY LAW. CONSULTANT WILL TAKE AFFIRMATIVE ACTION TO ENSURE THAT SUBCONSULTANTS AND

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APPLICANTS ARE EMPLOYED, AND THAT EMPLOYEES ARE TREATED DURING EMPLOYMENT,

WITHOUT REGARD TO THEIR RACE, COLOR, RELIGIOUS CREED, SEX, GENDER, GENDER

IDENTITY, GENDER EXPRESSION, MARITAL STATUS, NATIONAL ORIGIN, ANCESTRY, AGE,

PHYSICAL DISABILITY, MENTAL DISABILITY, MEDICAL CONDITION, GENETIC INFORMATION OR SEXUAL ORIENTATION.

17. PROHIBITION OF ASSIGNMENT AND DELEGATION. CONSULTANT SHALL NOT ASSIGN

ANY OF ITS RIGHTS OR DELEGATE ANY OF ITS DUTIES UNDER THIS AGREEMENT, EITHER IN WHOLE OR IN PART, WITHOUT CITY’S PRIOR WRITTEN CONSENT. CITY’S CONSENT TO AN

ASSIGNMENT OF RIGHTS UNDER THIS AGREEMENT SHALL NOT RELEASE CONSULTANT FROM

ANY OF ITS OBLIGATIONS OR ALTER ANY OF ITS PRIMARY OBLIGATIONS TO BE PERFORMED UNDER THIS AGREEMENT. ANY ATTEMPTED ASSIGNMENT OR DELEGATION IN VIOLATION OF

THIS SECTION SHALL BE VOID AND OF NO EFFECT AND SHALL ENTITLE CITY TO TERMINATE THIS AGREEMENT. AS USED IN THIS SECTION, “ASSIGNMENT” AND “DELEGATION” MEANS ANY

SALE, GIFT, PLEDGE, HYPOTHECATION, ENCUMBRANCE OR OTHER TRANSFER OF ALL OR ANY

PORTION OF THE RIGHTS, OBLIGATIONS, OR LIABILITIES IN OR ARISING FROM THIS AGREEMENT

TO ANY PERSON OR ENTITY, WHETHER BY OPERATION OF LAW OR OTHERWISE, AND

REGARDLESS OF THE LEGAL FORM OF THE TRANSACTION IN WHICH THE ATTEMPTED TRANSFER OCCURS.

18. NO THIRD PARTY BENEFICIARIES INTENDED. THIS AGREEMENT IS MADE SOLELY FOR

THE BENEFIT OF THE PARTIES TO THIS AGREEMENT AND THEIR RESPECTIVE SUCCESSORS

AND ASSIGNS, AND NO OTHER PERSON OR ENTITY MAY HAVE OR ACQUIRE A RIGHT BY VIRTUE OF THIS AGREEMENT.

19. WAIVER. NO DELAY OR OMISSION TO EXERCISE ANY RIGHT, POWER OR REMEDY

ACCRUING TO CITY UNDER THIS AGREEMENT SHALL IMPAIR ANY RIGHT, POWER OR REMEDY

OF CITY, NOR SHALL IT BE CONSTRUED AS A WAIVER OF, OR CONSENT TO, ANY BREACH OR DEFAULT. NO WAIVER OF ANY BREACH, ANY FAILURE OF A CONDITION, OR ANY RIGHT OR REMEDY UNDER THIS AGREEMENT SHALL BE (1) EFFECTIVE UNLESS IT IS IN WRITING AND SIGNED BY THE PARTY MAKING THE WAIVER, (2) DEEMED TO BE A WAIVER OF, OR CONSENT TO, ANY OTHER BREACH, FAILURE OF A CONDITION, OR RIGHT OR REMEDY, OR (3) DEEMED TO CONSTITUTE A CONTINUING WAIVER UNLESS THE WRITING EXPRESSLY SO STATES.

20. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. THE ACCEPTANCE BY

CONSULTANT OF THE FINAL PAYMENT MADE UNDER THIS AGREEMENT SHALL OPERATE AS AND

BE A RELEASE OF CITY FROM ALL CLAIMS AND LIABILITIES FOR COMPENSATION TO CONSULTANT FOR ANYTHING DONE, FURNISHED OR RELATING TO CONSULTANT’S WORK OR SERVICES. ACCEPTANCE OF PAYMENT SHALL BE ANY NEGOTIATION OF CITY’S CHECK OR THE

FAILURE TO MAKE A WRITTEN EXTRA COMPENSATION CLAIM WITHIN TEN CALENDAR DAYS OF THE RECEIPT OF THAT CHECK. HOWEVER, APPROVAL OR PAYMENT BY CITY SHALL NOT

CONSTITUTE, NOR BE DEEMED, A RELEASE OF THE RESPONSIBILITY AND LIABILITY OF

CONSULTANT, ITS EMPLOYEES, SUBCONSULTANTS AND AGENTS FOR THE ACCURACY AND COMPETENCY OF THE INFORMATION PROVIDED AND/OR WORK PERFORMED; NOR SHALL SUCH

APPROVAL OR PAYMENT BE DEEMED TO BE AN ASSUMPTION OF SUCH RESPONSIBILITY OR

LIABILITY BY CITY FOR ANY DEFECT OR ERROR IN THE WORK PREPARED BY CONSULTANT, ITS EMPLOYEES, SUBCONSULTANTS AND AGENTS.

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21. CORRECTIONS. IN ADDITION TO THE ABOVE INDEMNIFICATION OBLIGATIONS,

CONSULTANT SHALL CORRECT, AT ITS EXPENSE, ALL ERRORS IN THE WORK WHICH MAY BE DISCLOSED DURING CITY’S REVIEW OF CONSULTANT’S REPORT OR PLANS. SHOULD

CONSULTANT FAIL TO MAKE SUCH CORRECTION IN A REASONABLY TIMELY MANNER, SUCH

CORRECTION MAY BE MADE BY CITY, AND THE COST THEREOF SHALL BE CHARGED TO CONSULTANT. IN ADDITION TO ALL OTHER AVAILABLE REMEDIES, CITY MAY DEDUCT THE COST

OF SUCH CORRECTION FROM ANY RETENTION AMOUNT HELD BY CITY OR MAY WITHHOLD

PAYMENT OTHERWISE OWED CONSULTANT UNDER THIS AGREEMENT UP TO THE AMOUNT OF THE COST OF CORRECTION.

22. NON-APPROPRIATION OF FUNDS. PAYMENTS TO BE MADE TO CONSULTANT BY CITY

FOR SERVICES PERFORMED WITHIN THE CURRENT FISCAL YEAR ARE WITHIN THE CURRENT FISCAL BUDGET AND WITHIN AN AVAILABLE, UNEXHAUSTED FUND. IN THE EVENT THAT CITY DOES NOT APPROPRIATE SUFFICIENT FUNDS FOR PAYMENT OF CONSULTANT’S SERVICES

BEYOND THE CURRENT FISCAL YEAR, THIS AGREEMENT SHALL COVER PAYMENT FOR CONSULTANT’S SERVICES ONLY TO THE CONCLUSION OF THE LAST FISCAL YEAR IN WHICH

CITY APPROPRIATES SUFFICIENT FUNDS AND SHALL AUTOMATICALLY TERMINATE AT THE CONCLUSION OF SUCH FISCAL YEAR.

23. EXHIBITS. EXHIBITS A AND B CONSTITUTE A PART OF THIS AGREEMENT AND ARE INCORPORATED INTO THIS AGREEMENT BY THIS REFERENCE. IF ANY INCONSISTENCY EXISTS

OR ARISES BETWEEN A PROVISION OF THIS AGREEMENT AND A PROVISION OF ANY EXHIBIT, OR BETWEEN A PROVISION OF THIS AGREEMENT AND A PROVISION OF CONSULTANT’S PROPOSAL, THE PROVISIONS OF THIS AGREEMENT SHALL CONTROL.

24. ENTIRE AGREEMENT AND MODIFICATION OF AGREEMENT. THIS AGREEMENT AND ALL

EXHIBITS REFERRED TO IN THIS AGREEMENT CONSTITUTE THE FINAL, COMPLETE AND

EXCLUSIVE STATEMENT OF THE TERMS OF THE AGREEMENT BETWEEN THE PARTIES

PERTAINING TO THE SUBJECT MATTER OF THIS AGREEMENT AND SUPERSEDE ALL OTHER

PRIOR OR CONTEMPORANEOUS ORAL OR WRITTEN UNDERSTANDINGS AND AGREEMENTS OF THE PARTIES. NO PARTY HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, NOR IS

ANY PARTY RELYING ON, ANY REPRESENTATION OR WARRANTY EXCEPT THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. THIS AGREEMENT MAY NOT BE AMENDED, NOR ANY PROVISION OR BREACH HEREOF WAIVED, EXCEPT IN A WRITING SIGNED BY BOTH PARTIES.

25. HEADINGS. THE HEADINGS IN THIS AGREEMENT ARE INCLUDED SOLELY FOR

CONVENIENCE OF REFERENCE AND SHALL NOT AFFECT THE INTERPRETATION OF ANY

PROVISION OF THIS AGREEMENT OR ANY OF THE RIGHTS OR OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT.

26. WORD USAGE. UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE, (A) THE WORDS “SHALL,” “WILL” AND “AGREES” ARE MANDATORY AND “MAY” IS PERMISSIVE; (B) “OR” IS NOT EXCLUSIVE; AND (C) “INCLUDES” OR “INCLUDING” ARE NOT LIMITING.

27. TIME OF THE ESSENCE. TIME IS OF THE ESSENCE IN RESPECT TO ALL PROVISIONS OF THIS AGREEMENT THAT SPECIFY A TIME FOR PERFORMANCE; PROVIDED, HOWEVER, THAT THE

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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]

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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:

Mayor of the City of Maywood
ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

City Attorney
Consultant:
_________________________
By:

Name: ___________________
Title: ____________________

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AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 15.

DATE: May 22, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: JENNIFER VASQUEZ, CITY MANAGER
SUBJECT: CONSIDERATION OF ADOPTING RESOLUTION NO. 6358 UPDATING THE COMPREHENSIVE SALARY SCHEDULE FOR UNREPRESENTED EMPLOYEES:

DEPUTY CITY CLERK/ASSISTANT TO THE CITY MANAGER, DIRECTOR OF

BUILDING AND PLANNING, DIRECTOR OF FINANCE, HUMAN RESOURCES/RISK

MANAGER, AND AMENDING THE COMPENSATION CLASSIFICATION PLAN RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 6358 updating the Comprehensive Salary Schedule for Unrepresented Employees: Deputy City Clerk/Assistant to the City Manager, Director of Building and Safety, Director of Finance, and Human Resources/Risk Manager, and amending the City's Fiscal Year 2023-2024 Compensation Classification Plan.

BACKGROUND:

The demand for individuals with specialized skills and expertise has grown significantly. The job market has become increasingly competitive. This environment means jobseekers are presented with a wider array of options, which is particularly challenging for local municipalities who have limited resources, like the City of Maywood. Due to this, staff has reviewed the classifications and compensation structures of surrounding cities for the following positions: Director of Building and Planning, Director of Finance, Human Resources Manager and Deputy City Clerk/Assistant to the City Manager. These positions are all unrepresented classifications within the City's compensation classification plan. The goal was to use the data and insights derived from this review to supply the City with salary information to understand how competitive the City's current salary schedule is with surrounding communities and to determine if changes were needed to maintain high quality management employees, which are a critical and necessary component for any municipality.

DISCUSSION:

In total, eight cities were selected for comparison against the City of Maywood's compensation structure for management staff. These cities include Commerce, Cudahy, Maywood, Bell Gardens, Paramount, Huntington Park, Montebello, Lynwood and Bellflower.

Below is a table showing the City's current mid-range and the market median of the comparison cities:

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As shown in the table, the City of Maywood's mid-salary range is the lowest among the comparison group. In order to maintain and grow, it is essential that the City has a competitive management salary structure.

Consequently, it is recommended that the City Council approve the above proposed pay plan which is based on the market median. This will provide the necessary salary structure to maintain and in future years attract quality candidates. The City has seen significant growth over the last few years. For example, over the last five years, the City has established a Public Works Department, Human Resources and Risk Management Department, Housing Division, Community Services Division (which hosts monthly events, food bank, special events, park programming), renovated parks, roads and established regular community service programming, increased community engagement opportunities and awarded over $15 million in grants. A competitive pay plan will continue to support this and future growth. Furthermore, it is important to acknowledge the evolving role of human resources in the City as this position also assesses risk and compliance issues for the City.

Due to this, the title "Human Resources Manager" should reflect the totality of the position and be updated to read "Human Resources/Risk Manager" to accurately reflect the broader scope of responsibilities and emphasize the importance of risk management within the role as outlined in the current job description.

LEGAL REVIEW:

The City Attorney has reviewed this staff report.

FISCAL IMPACT:

The fiscal impact of this action will affect various funds in the budget but all will be able to absorb the increase.

The budget for next fiscal year will reflect these changes plus the 2.5% cost of living adjustment, which is in line with the cost of living adjustment for the represented employees.

ATTACHMENT(S)

1. _Resolution No. 6358 Approving Changes to the Comprehensive Salary Schedule for Unrepresented Employees

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RESOLUTION NO. 6358

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MAYWOOD,

CALIFORNIA, UPDATING THE COMPREHENSIVE SALARY
SCHEDULE FOR UNREPRESENTED EMPLOYEES: DEPUTY CITY

CLERK/ASSISTANT TO THE CITY MANAGER, DIRECTOR OF

BUILDING AND PLANNING, DIRECTOR OF FINANCE, HUMAN

RESOURCES/RISK MANAGER, AND AMENDING THE

COMPENSATION CLASSIFICATION PLAN
WHEREAS, the unrepresented employees: Deputy City Clerk/Assistant to the City Manager, Director of Finance, Director of Building and Planning, Human Resources/Risk Manager are included in the City’s Comprehensive Salary Schedule; and WHEREAS, the salary schedule is required to be amended to update the base salary to the unrepresented employees,

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

Section 1. The recitals set forth above are true and correct and incorporated herein as if set forth in full.

Section 2. The City Council herby establishes, approves, and adopts the salary range for the unrepresented classifications as follows:

Position (Job Title) – Full Time Range (Annual)
Deputy City Clerk/Assistant to the City Manager $94,890 - $121,106 Director of Building and Planning
Director of Finance
$146,566 - $187,059
$147,575 - $188,347
Human Resources/Risk Manager $98,721 - $125,996
Section 3. The City Council directs the Human Resources/Risk Manager to incorporate the adjusted range herein as part of the Fiscal Year 2023-2024 Comprehensive Salary Schedule, including the steps within each range.

Section 4. This Resolution shall be effective immediately upon its passage and approval.

Section 5. The City Clerk shall certify the passage and adoption of this Resolution and shall enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 22nd day of May 2024. [SIGNATURES IN THE FOLLOWING PAGES]

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Eddie De La Riva, Mayor
ATTEST:

Brian E. Juarez, City Clerk
APPROVED AS TO FORM:

Roxanne Diaz, City Attorney

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF MAYWOOD )
I, Brian E. Juarez, City Clerk of the City of Maywood, do hereby certify that the foregoing Resolution No. 6358 was adopted at a regular meeting of the City Council of the City of Maywood held on the 22nd day of May 2024 by the following votes:

AYES:

NOES:

ABSTAIN:

ABSENT:

Brian E. Juarez, City Clerk

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AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 16.

DATE: May 22, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: MIGUEL LEON, ADMINISTRATIVE ANALYST
SUBJECT: CONSIDERATION OF APPROVAL OF THE DRAFT CONCEPTUAL DESIGN FOR

SPEAKER ANTHONY RENDON RIVERFRONT PARK PROJECT AND RECIEVE AND

FILE THE REPORT ON COMMUNITY ENGAGEMENT INITIATIVE
RECOMMENDATION:

Staff recommends that the City Council provide direction and approve the Draft Concept Plan for the Anthony Rendon Riverfront Park Renovation Project.

BACKGROUND:

Formerly known as Maywood Riverfront Park, this 6-acre site, once designated as a superfund site, played a crucial role in the Los Angeles River Greenway Project, inaugurated in 2008 to revitalize natural spaces, green areas, and recreational facilities along the river. The project also sought to promote economic development and provide leisure opportunities for the local community. Over time, the park underwent an expansion in 2018, enriching its offerings to the public. It now includes amenities such as a playground for young children, basketball courts, native plant landscaping, picnic areas, eco-friendly infrastructure, and convenient access to the bike path along the Los Angeles River, solidifying its role as a cherished recreational destination within the community.

In March 2024, the City, in partnership with the Los Angeles Neighborhood Land Trust (LANLT) and Communities for a Better Environment (CBE), initiated community engagement efforts for the revitalization and improvement of the park for the Maywood Riverfront Park Renovation Project. The initial draft of the conceptual design proposed by SALT Landscape Architects has undergone necessary modifications in response to environmental limitations. These adjustments were imperative to ensure compliance with regulatory standards and mitigate potential environmental impacts.

Through extensive community outreach and engagement initiatives, including a comprehensive Community Survey, residents were engaged to provide feedback on the proposed conceptual design, ensuring alignment with community needs and preferences. The survey aimed to enhance the park's functionality and appeal, reflecting residents' collective vision for a vibrant and inclusive community space.

DISCUSSION:

Community outreach efforts provided by the Los Angeles Neighborhood Land Trust (LANLT) and Communities for a Better Environment (CBE) aimed at gathering feedback on the draft conceptual design for Speaker Anthony Rendon Riverfront Park have proven immensely beneficial in understanding residents' desires and concerns. The latest engagement effort yielded 325 surveys, with 249 responses originating from Maywood

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residents, which indicates a substantial participation rate reflective of the community's vested interest in the park's renovation.

Through community engagement initiatives, residents conveyed a strong desire to utilize the park for social gatherings. There was also expressed enthusiasm about key amenities such as a new playground, renovated restroom facilities, and the incorporation of California native plants and trees. Additionally, there is keen anticipation for the introduction of fitness equipment, picnic areas, and additional sports facilities, including a soccer field and an additional basketball court, emphasizing the community's emphasis on promoting active lifestyles and recreational opportunities.

Additionally, clean restroom facilities, enhanced security measures, and adequate lighting emerged as critical needs to ensure safety and accessibility. Requests for additional picnic areas, seating benches, and designated grilling areas reflect a desire for inclusive and accommodating recreational spaces within the Park.

Draft Concept Plan:

Anthony Rendon Riverfront Park's Draft Concept Plan represents a concerted effort to incorporate community feedback gained from various outreach efforts. The highlights of the draft plan are as follows:

1. Enhanced Amenities: The incorporation of a new playground, renovated restroom facilities,

2. Expanded Recreational Facilities: Integration of fitness equipment, expanded picnic areas, and the establishment of a soccer field and basketball court to promote active lifestyles and community engagement.

3. Safety and Security Measures: Implementation of enhanced lighting, park security personnel, and regular maintenance protocols to ensure a safe and welcoming environment for all visitors.

4. Hydration and Wellness: Installation of additional drinking fountains and amenities to promote hydration and well-being among park visitors.

Project Schedule:

A comprehensive timeline has been defined and outlined to ensure seamless execution. • June 2024–December 2024: Project design and construction document creation. • January 2025–March 2025: Contractor bidding process.
• April 2025–April 2026: Construction phase.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

The Anthony Rendon Riverfront Park Renovation Project budget stands at $6,845,418.87 with no fiscal impact on the general fund. Funding for this project will be sourced from an appropriation within the City’s Capital Improvement Program. Grants, including prior year balances, continue to serve as the primary funding source for the project.

Budget
The park's renovation has been funded through various grant sources. The following funds have been secured for the CIP renovation project:

Fiscal Year Amount Fund
2022-2023 $1,500,000 State of California, Budget Request (Anthony Rendon Office)
2022-2023 $1,500,000 State of California, Budget Request (Lena Gonzalez Office)
2022-2023 $2,200,000 Rivers & Mountains Conservancy
(RMC) – LLAR Prop 1
Subtotal $5,200,000

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2022-2023 $655,364 RPOSD Competitive Funding Grant
2022-2023 $445,418.87 RPOSD Annual Allocation Measure A 2022-2023 $177,952 State of California Per Capita Grant 2022-2023 $ 16,684 State of California Per Capita Grant 2022-2023 $350,000 State of California Special Grant
(Budget Allocation)
Total $6,845,418.87

ATTACHMENT(S)

1. Riverfront Park Survey Responses

2. Maywood SARRP 50% Schematic Design

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Anthony Rendon
Riverfront Park
Draft Design Concept
Survey Responses Summary
May 2024

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1). What features or elements of the draft concept
plan for the park do you find most appealing?
Event Lawn
Security Lights
Walking Path
Site Amenities
Art Elements
Water Play
Picnic Areas
Trees and Plants
Beautification
Sports and Exercise
Playground
Restroom

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2). In your opinion, what aspects of the plan could be
improved or altered to better meet the community's needs? Dog Waste Stations
Food Stands
Drinking Fountains w/ Water Bottle Fillers
More Picnic Areas
Art and Beautification
Exercise Equipment
Sports Areas
Expanded Play Area
Lighting and Security
Restrooms

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More Picnic Areas
Issues Related to Unhoused Individuals
Trees and Shade
Sports Areas
Expanded Play Area
Lighting and Security
Restrooms
3). Are there any specific amenities or features that you feel are lacking in the current plan for the park?
Programming

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Issues Related to Unhoused Individuals
Lighting and Security
4). Do you have any additional comments, suggestions, or concerns regarding the draft concept plan that you would like to share with us?
Provide Park Staffing
Provide Design Updates

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No 76 Respondents
5). Is your Zip Code 90270?
Yes 249 Respondents

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Riverfront Park Design Survey Summary
Respondents Prioritized the Following Amenities From
the Concept Design:

Expanded Playground
Expanded Sports Amenities (including exercise
equipment
Renovated Restroom Building
Expanded Picnic Areas
Overall beautification: art, trees, shade, grassy lawn
Other Amenities Including: Benches, Lighting, Bike
Racks and Drinking Fountains

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Riverfront Park Design Survey Summary
Respondents Would Like to See the Following:

Security Measures Including Lighting
Support and Supervision Related to Unhoused
Individuals
Park Staffing and Programs
Food Stands or Vendors

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LEGEND
Decorative Fence
Park Entrance Signage
Event Lawn
(with electrical outlets)
Accessible Path + Storyboard
Fitness Walking Path
(with mile markers)
New Parking Lot
(+4 parking stalls)
Memorial Space
Picnic Area
(some areas include BBQs
and coal bins)
Handball Court
Basketball Court
Multi-Use Space
(volleyball, basketball half court,
electrical outlets)
Soccer Field (U6-U8)
Splashpad
Playground (2-5 years old)
Playground (5-12 years old)
Universal Exercise Equipment
Native Planting
(with plant signage)
Existing Restroom
Existing Fitness Court
1234
3 5
5 6
6 78
8 9
16 10
11 12
9 13
10 11
14 12
19 15
16 16
16 13
17 17
14 18
18 18
15 19
SPEAKER ANTHONY RENDON RIVERFRONT PARK 50% SCHEMATIC DESIGN PRESENTATION MAY 22, 20242 Scale 1"=100'
0 100
50 25
200
Updated Design
Overall Site Plan
E SLAUSON AVE E 59TH PLACE
E 60TH STREET

ALAMO AVENUE

WALKER AVENUE

LOS ANGELES RIVER

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LEGEND
Scale 1"=50'
0 50
25 100
Updated Design
Enlargement: Central

E SLAUSON AVE
E 59TH PLACE
4 8
8 8
8 8
8 14
10 15
11 13
3 REST ROOM

FITNESS COURT
Decorative Fence
Park Entrance Signage
Event Lawn
(with electrical outlets)
Accessible Path + Storyboard
Fitness Walking Path
(with mile markers)
New Parking Lot
(+4 parking stalls)
Memorial Space
Picnic Area
(some areas include BBQs
and coal bins)
Handball Court
Basketball Court
Multi-Use Space
(volleyball, basketball half court,
electrical outlets)
Soccer Field (U6-U8)
Splashpad
Playground (2-5 years old)
Playground (5-12 years old)
Universal Exercise Equipment
Native Planting
(with plant signage)
Existing Restroom
Existing Fitness Court
1 1
2 2
34 4
4 4
4 567
7 7
7 89
10 11
12 12
13 14
15 16
16 17
18 18
19 19
SPEAKER ANTHONY RENDON RIVERFRONT PARK 50% SCHEMATIC DESIGN PRESENTATION MAY 22, 20243

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LEGEND
Scale 1"=40'
0 40
20 80
Updated Design
Enlargement: Southeast
E 59TH PLACE
E 60TH STREET

WALKER AVENUE

LOS ANGELES RIVER

TREATMENT

COMPOUND

REST ROOM
Decorative Fence
Park Entrance Signage
Event Lawn
(with electrical outlets)
Accessible Path + Storyboard
Fitness Walking Path
(with mile markers)
New Parking Lot
(+4 parking stalls)
Memorial Space
Picnic Area
(some areas include BBQs
and coal bins)
Handball Court
Basketball Court
Multi-Use Space
(volleyball, basketball half court,
electrical outlets)
Soccer Field (U6-U8)
Splashpad
Playground (2-5 years old)
Playground (5-12 years old)
Universal Exercise Equipment
Native Planting
(with plant signage)
Existing Restroom
Existing Fitness Court
12345
5 5
678
8 8
9 10
11 12
13 14
15 16
16 16
16 16
16 16
17 17
18 18
19 SPEAKER ANTHONY RENDON RIVERFRONT PARK 50% SCHEMATIC DESIGN PRESENTATION MAY 22, 20244

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AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 17.

DATE: May 22, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: CLAUDIA ZAVALA, COMMUNITY SERVICES SUPERVISOR
SUBJECT: CONSIDERATION OF APPROVING THE COMMUNITY BENEFIT FUND

APPLICATION FROM FISHBURN AVENUE ELEMENTARY SCHOOL IN THE AMOUNT OF $10,000
RECOMMENDATION:

Staff recommends that the City Council approve the Community Benefit Fund Application from Fishburn Avenue Elementary School in the amount of $10,000.

BACKGROUND:

The Application is dated May 10, 2024, 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.

Most recently, on March 22, 2023, the City Council awarded Fishburn Avenue Elementary $10,000 for the funding of the following programs: School Wide Positive Behavior and Safety Plan & Incentive Program, attendance challenge incentive program and the computer science education – wonder workshop dash robots.

DISCUSSION:

The school’s application is requesting funds for the following programs:

Implement School wide Positive Behavior Interventions and Supports/Restorative Practices (PBIS/RP) Program: $6,408
Fishburn Elementary is currently implementing a School Wide Positive Behavior Interventions and Supports/Restorative Practices (PBIS/RP) Program whose values are based on the 4 BEES: (1) Be Safe; (2) Be Respectful; (3) Be Responsible; and (4) Be a LEADER. Along with the 4 BEES, they have introduced their students to the 7 Habits of Happy Kids and Highly Effective People for them to understand the fourth BEE and the meaning of being a LEADER. At Fishburn, they believe that if they teach students the 7 Habits of Happy Kids and Highly Effective People and have them practice them at school and at home they will have the necessary skills to be LEADERS not only in a school setting but also in society as citizens.

The school is planning to purchase banners to be posted inside classrooms, in hallways and in the playground.

They will be painting murals on the handball courts to provide reminders for students and help reinforce the 4 BEES and 7 habits.

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Funds will be allocated for the following:
• 45 banners, from canva.com, to provide students with visual reminders of the 4 BEES. • 2 murals to be painted on the school handball courts that provide visual reminders for students.

B- Computer Science for Good Club and Esports Club: $3,592 This year the school will be starting a Computer Science for Good Club and an Esports Club to provide expanded learning opportunities for students before and after school, on weekends, and during winter and summer break. The LAUSD IT department will be providing them with some instructional materials to start off the clubs, but will need updated Chromebooks for students to do the autonomous coding. The Chromebook currently being used is outdated and unable to download the new programs needed and will need to purchase new ones.

Fishburn Avenue Elementary parent community representatives and parent volunteers have contacted community businesses and asked for donations to fund their banners and mural projects. They have received a donation from a business in the amount of $200.

Qualification Review
Per the grant guidelines, the applicant, Fishburn Avenue Elementary, 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.

Fishburn Avenue Elementary meets all the grant requirements. Staff recommends that the City Council approve the application for funding.

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 reviewed this report.

FISCAL IMPACT:

F.Y. 23-24 Impact: $10,000 Current F.Y. Budget: $75,000 Fund Impacted: 100 Budget adjustment requested: $0
Source of funds: 302 Updated Account Budget: $56,996
Account Number: 6301 For fiscal year: 23/24

ATTACHMENT(S)

1. CBF_FishburnEL2024

2. Community Benefit Fund Guidelines and Procedures12.2021

3. Community Benefit Fund App-Fishburn 2023_24 FY

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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

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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.

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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

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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.

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1

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2 Fishburn Ave. Elementary School

CITY OF MAYWOOD

COMMUNITY BENEFIT FUND APPLICATION
2023-2024

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3 CITY OF MAYWOOD

COMMUNITY BENEFIT FUND APPLICATION RESPONSES
Provide a detailed description of your organization. For example, are you a school, school-based or affiliated entity, youth program, community based organization, etc.

Fishburn Ave. Elementary School is a single track ETK-5th Grade school with an enrollment of 477 students, located in the city of Maywood where 72.29% of the housing units are renter-occupied. Its student population consists of 1% White, 1% African American and 98% Latino, of which 34% are English Language Learners (EL) with Spanish being their first language. 14% of our students are Reclassified Fluent English Proficient learners (RFEP), 1% gifted talented, 18% are in Special Education, 1% are Foster youth, and 96% of students are living at or below poverty rate and eligible for Title 1, LCAP funding, and Free and Reduced Lunch.

The core curriculum focuses on English language arts, science, social science, technology, mathematics and includes the use of 21st Century Skills: Collaboration, Communication, Critical thinking, and Creativity. The school-wide mission can be summarized as follows: Fishburn Avenue Elementary School, in collaboration with our families and communities, will provide quality instruction and challenging learning experiences in a safe and orderly environment which will foster lifelong learning and responsible citizens. We are committed to providing the best quality education to meet the diverse needs of all students in our community enabling them to become college and career ready. All stakeholders at Fishburn Ave.

Elementary believe the learners of today will be the leaders of tomorrow, who engage in 21st century learning, are high academic achievers with a growth mindset, are digital citizens that are empowered to find innovative solutions, and are reflective problem solvers.

On our school campus we have the Two-Way Immersion Spanish Dual Language Program. The Dual Language Program is a program within Fishburn Ave. Elementary School that opened its doors in the 2017 school year. Fishburn’s Dual Language Program vision is to provide literacy and content instruction to all students through two languages and promote bilingualism, biliteracy, high academic achievement, and sociocultural competence by developing an appreciation of cultural diversity through cooperative learning. 146 of the 426 students enrolled at Fishburn Ave. Elementary, are enrolled in Fishburn’s Two-Way Immersion Spanish Dual Language Program.

Is the organization located/based in Maywood or does it provide programs or services to Maywood residents?
Fishburn Ave. Elementary is located at 5701 Fishburn Ave, Maywood, CA 90270. It is an LAUSD public school that serves a student population of 426 students in the city of Maywood.

Additionally, Fishburn Ave. Elementary offers ESL classes on campus for parents and Maywood residents that are facilitated by the Los Angeles City College Noncredit / Adult Education Program. Fishburn Ave. Elementary also provides after school expanded learning and enrichment program services to its students, comprising three major components: Academic Assistance, Enrichment, and Recreation through the Beyond the Bell Youth Development Program (YDP).

Lastly, it gives parents the option to enroll their children in the Two-Way Immersion Spanish Dual Language Program for their students to reach three goals: (1) Bilingualism and Biliteracy; (2) Academic Achievement in both languages; and (3) Sociocultural Competence.

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4 Describe how the requested funds will be used? Attach a proposed budget.

The requested funds will be used in the following way:
(1) $6,408 will be used to help implement our School Wide Positive Behavior Interventions and Supports/Restorative Practices (PBIS/RP) Program.
(2) $2,097 will be used to purchase Chromebooks for our Computer Science for Good Club and Esports Club.
(3) $1,495 will be used for a Make Wonder Tech Center-1 Year Subscription License School Wide Positive Behaviors Interventions and Supports/Restorative Practices (PBIS/RP) Program
We are currently implementing a School Wide Positive Behavior Interventions and Supports/Restorative Practices (PBIS/RP) Program whose values are based on the 4 BEES: (1) Be Safe; (2) Be Respectful; (3) Be Responsible; and (4) Be a LEADER. Along with the 4 BEES, we have introduced our students to the 7 Habits of Happy Kids and Highly Effective People in order for them to understand the fourth BEE and the meaning of being a LEADER. At Fishburn, we believe that if we teach our students the 7 Habits of Happy Kids and Highly Effective People and have them practice them at school and at home they will have the necessary skills to be LEADERS not only in a school setting but also in society as citizens. Besides teaching our students how to Be Safe, Respectful, Responsible LEADERS during our monthly student assemblies, we also teach our students’ parents, via Parent Workshops, on a monthly basis so that they can mimic, practice, and implement the learning the students are receiving at school, at home. We believe that Parents are our learning partners and we must include them in their children’s education in order for their children to thrive academically and social emotionally.

That being said, we are currently implementing a School Wide Positive Behavior Incentive Program to encourage our students to exhibit the 7 Habits and 4 BEE Behaviors at school.

Students individually earn Caught Being Good tickets throughout the day when they are seen or heard being responsible, safe, respectful LEADERS by all stakeholders: teachers, parents, support staff, custodians, office staff, etc. Those Caught Being Good Tickets can be cashed in to buy items from our Tiger Store. Students can also earn Tiger Paws for collaboratively working together and exhibiting responsibility, safety, respectfulness and leadership as a class. The classes with the most Tiger PAWS at the end of each month earn a Class Trophy and Extra Recess for that month. Students get very excited to find out at the end of each month who in their grade level will be housing the Class Trophy for the month. It creates an atmosphere of healthy competition among the students and encourages them to strive to be the most respectful, safe, and responsible class for their grade level.

We are planning for banners to be posted inside classrooms, in the hallways, in the lunch pavilion, and in the playground and Murals to be painted on our handball courts that provide visual reminders for students and help reinforce the:
○ 4 BEES: Be Respectful, Be Responsible, Be Safe, Be a LEADER ○ 7 Habits: Be Proactive, Begin with the End in Mind, Put First Things First, Think Win-Win, Seek First to Understand, Then Be Understood, Synergize, and Sharpen the Saw

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5 Banners and Murals are expensive. Therefore, we are asking for $6,408 to fund the items on Table 1 below.

Table 1

ITEM PRICE
● 45 banners, from canva.com and/or House of Trophies, to provide students with visual reminders of the:
○ 4 BEES: Be Respectful, Be Responsible, Be Safe, Be a LEADER and what that looks like in the cafeteria, hallways, classroom, and playground.
$2,108
● 2 murals @ $2,150 each to be painted on the school handball courts that provide visual reminders for students and help reinforce the:
○ 4 BEES: Be Respectful, Be Responsible, Be Safe, Be a LEADER ○ 7 Habits: Be Proactive, Begin with the End in Mind, Put First Things First, Think Win-Win, Seek First to Understand, Then Be Understood, Synergize, and Sharpen the Saw
$4,300
School Wide Positive Behaviors Interventions and Supports/Restorative Practices (PBIS/RP) Program TOTAL:
$6,408

SAMPLE BANNERS

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6 SAMPLE MURALS/BANNERS

SAMPLE MURAL

SAMPLE MURAL

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7 Computer Science for Good Club and Esports Club (Chromebooks) At Fishburn Ave. Elementary, we want to prepare our students to be college and career ready for the future by providing them with a high degree of computer literacy so that they are empowered with the 21st century skills they will need to be successful in a technologically advanced society. Therefore, we have started the implementation of a Computer Science curriculum that focuses on physical computing. Coding with robots teaches students how to fail forward but keep trying and reinforces design thinking principles, problem solving, collaboration, critical thinking, creativity, innovation, and communication, all 21st Century skills they will need to be college and career ready for the future. Thus, putting them on a straight pathway to being college and career ready in a constantly evolving technological landscape. This year we will be starting a Computer Science for Good Club and an Esports Club to provide expanded learning opportunities for students before and after school, on weekends, and during winter and summer break. The LAUSD ITI department will be providing us with some instructional materials to start off the Clubs but we will need updated Chromebooks in order for students to do the autonomous coding. The chromebooks we have are outdated and we are unable to download the new programs needed.

Make Wonder Tech Center-1 Year Subscription License
In the 2022-2023 school year, we were awarded the Maywood Community Benefit Fund.

With part of the funds we were able to purchase Dash Robots to launch our Computer Science Coding and Robotics Curriculum. Along with the Dash Robots we purchased, came a 1 Year Subscription to the Make Wonder Tech Center License that permitted our UTK-5th Grade students access to a Virtual Dash Coding Program called Blockly. Through Blockly, our students had the opportunity to go to our Computer Lab and code a Virtual Dash Robot of their own.

Students' eyes light up as they embark on coding adventures with virtual Dash in a vibrant 3D world right on the screen. Students learn coding concepts like sequencing, events, loops, algorithms, operations, and variables through self-directed play and guided virtual challenges.

The license is about to expire on May 17, 2024 and we do not have funds to renew it. Therefore, we are asking for $1,495 to renew the Make Wonder Tech Center-1 Year Subscription so that our 477 students can continue to have access to a Virtual Dash Robot that is programmable on screen, in-app coding lessons called Coding Pathways, and tons of assignable and trackable coding activities.

Therefore, we are asking for $3,592 to fund the items on Table 2 below.

Table 2

ITEM PRICE
● Chromebooks for Computer Science for Good Club and Esports Club $2,097 ● Make Wonder Tech Center-1 Year Subscription $1,495
TOTAL: $3,592

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8 What is the anticipated time-frame to provide the proposed program, service, event activity or goods and the expenditure of the requested funds?
As soon as the funds are granted, Fishburn Ave. Elementary will immediately purchase all the items outlined on Table 1-2 above to have our programs and plans continue for the entire school year and years to come. The School Wide Positive Behavior Interventions and Supports/Restorative Practices (PBIS/RP) Program has been ongoing since the beginning of the school year in August 2022, but we don’t have the funds to purchase additional banners and murals.

Describe the organization’s efforts in obtaining funding from other sources? Our Parent Community Representative and parent volunteers have gone to community businesses to ask for donations to fund our banners and mural project. One business donated $200, but as you can see from Table 1, murals and banners are expensive. We have registered with LAUSD’s ITI Department to obtain some Computer Science instructional materials for the Computer Science for Good Club and Esports Club, after taking some training.

How will the requested funds have a benefit to Maywood residents? The requested funds will help us teach/reinforce for our students how to be respectful, safe, responsible LEADERS and citizens in their community. This will benefit Maywood residents because their community will be inhabited by individuals that are open minded, problem solvers, goal oriented, good listeners, and communicators. Thus, creating a culture of mutual respect in the community for all Maywood residents. Teaching students to be safe, respectful, and responsible, fosters an environment for all Maywood residents that embraces and accepts diversity, reducing tensions and conflict among its residents. Safe, respectful, responsible, stable, nurturing relationships and environments are among the most powerful, protective, and healing forces in a child’s life. These relationships—fostered at home, school and in the community—are the building blocks of a child’s physical and emotional growth. Children deserve opportunities for these types of relationships from the beginning of their lives onward, so they can thrive and grow into healthy adults who can contribute to their communities in the future. Further, safe, stable, nurturing relationships and environments can promote healthy children’s development and can also buffer against the impact of stress and trauma. By ensuring that neighborhoods are safe, nurturing places for children, communities can help protect even the most vulnerable children.

Additionally, the requested funds will help teachers teach robotics and coding to Maywood students, who are residents of the community. Robotics and coding develop and teach skills in analytical, critical, practical, and creative thinking. People with robotics and coding knowledge and training know how to and can actually think in ways that many cannot. They can solve problems in multiple ways. It is extremely important in this era to be able to execute tasks with technology. Consequently, learning robotics and coding is essential. In addition to executing and completing tasks effectively, robotics and coding help people think creatively and analytically, approach issues from different angles, and create quick and sustainable solutions.This will benefit Maywood residents because they will have young community members (the students) that will grow up to be adults in their community that will have the problem solving skills to help solve problems in the Maywood community in innovative ways.

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9 How will the requested funds enhance the quality of life or the delivery of services for Maywood residents?
The requested funds will enhance the quality of life for our students, who are Maywood residents, because they will grow up to be safe, responsible, respectful citizens in their community.

This will enable them to teach other members of their community by example and actions how to be safe, responsible, and respectful LEADERS as well. They will be ethical, empathetic, responsible leaders and role models for all Maywood residents to aspire to be.

Since our students are Maywood residents themselves, learning robotics and coding will prepare them to thrive in a constantly evolving technological landscape now and in their adult life. Robotics and coding are great assets to possess in life to be successful in any area. One of these areas of life is work/career. Knowing robotics and coding is always a plus in any industry or sector. Regardless of job or industry, employers look for robotics and coding skills. These nice-to-have skills and assets turn into must-have ones for most engineering and data science positions. People with robotics and coding training and knowledge work at companies like Google, Uber, Facebook, and Amazon. Additionally, learning and knowing robotics and coding come in very handy not only for those who would like to have a shiny corporate career but also for those who would like to be an entrepreneur.

Learning robotics and coding will not only strengthen our students’ resumes in the future but will also help them execute and complete tasks efficiently and effectively. It will open doors for our students in the engineering and data science field. It will prepare them and give them an opportunity to take on jobs in the Computer Science and Engineering field that have very low Latino and African American representation. Lastly, if our students, who are Maywood residents too, learn or know robotics and coding they can well and fully be aware of any technological developments, successfully interpret the effects those developments will have on every aspect of life, and accordingly take position now and as future adults.

How will the requested funds provide educational opportunities for Maywood residents or students?
Currently, Fishburn Ave. Elementary is implementing a Positive Behaviors Interventions and Supports/Restorative Practices (PBIS/RP) Program in which teachers are implementing proactive evidence-based approaches to discipline that promote equity and accountability.

Teachers are leveraging a trauma-resilience informed approach through a multi-tiered system of supports framework to cultivate safe, healthy, welcoming, and affirming learning environments that establish a culture of learning and positive behavior. By focusing on social emotional wellbeing and community building to promote equity, PBIS/RP collaborates with Local Districts, Community of Schools, school teams, families and community partners to address the needs of the whole child, whole school, and whole community. Additionally, students are being taught the 4 unifying features of PBIS/RP which are: (1) Community Building Activities; (2) Creating Expectations; (3) Check-Ins/Check-Outs; and (4) 4:1 Connection Over Correction. The banners and murals are meant to reinforce and serve as visual reminders of the School Wide Positive Behaviors Interventions and Supports/Restorative Practices Program students are being taught in their classrooms.

According to the U.S. Bureau of Labor statistics, by next year there will be 1.4 million jobs requiring computer science expertise but only 400,000 computer science graduates with the necessary skills. Let’s start to think about what the implications are for our students at Fishburn

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10 Ave. Elementary if we do not provide the necessary materials for Computer Science Education.

Would we really be preparing our students for their tomorrow? At Fishburn we know that not all students may become software engineers or even enter this industry but we want to make sure that they still have the same opportunities and access that other students may be provided.

Therefore, the requested funds will help us bring those educational opportunities to our students.

They will help us provide our students with foundational skills and knowledge in Computer Science Education concepts like coding and robotics. The funds will help us provide our students with equity, access, and opportunities in the Computer Science field.

At Fishburn we want our students to believe they can do the work, which is a result of empowering our educators with Computer Science education. We definitely have our call to action at Fishburn Ave. Elementary. Now, how can we together as a community facilitate Computer Science education with the lens of equity, access, and opportunity? The funds granted by the City of Maywood will help bring the instructional materials that are necessary to begin Computer Science for Good Clubs and Esports Clubs to provide expanded learning opportunities for students before and after school, on weekends, and during winter and summer break.

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