Agenda packet — Maywood City Council, June 26, 2024 (part 4 of 4)

34 Technical Proposal, A&E Services Maywood Teen Center Improvement Project ELECT

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WELCOME & CIH SIGN
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IDS

ARCHITECTURAL & ENGINEERING SERVICES FOR MAYWOOD TEEN CENTER GROUP

MAYWOOD TEEN CENTER
4801 SLAUSON AVENUE, MAYWOOD, CA 90270

RENOVATION & REPURPOSING
Civil engineering scope of work shall include a site demolition plan required to support proposed grading, drainage, and utilities. Site grading shall include proposed spot grades, identifying high and low points to ensure positive drainage with 1% minimum drainage slopes. An ADA designed parking stall(s) shall be included within the plans, designed per City of Maywood and state ADA standards.

Stormwater discharge shall be to the face of curb in the public street, or as sheet flow matching existing drainage patterns. Proposed utilities shall include a new domestic water service from the building the existing water meter. Fire water service line shall be added from the building to the existing city water main within the public street as part of a separate offsite plan set and encroachment permit application.

Demolition plan
x Grind existing pavement.x Saw cut existing pavementx Remove existing curb.x Standard notes Grading & drainage plan
x Proposed pavement elevationsx Proposed pavement overlay and detail.x Site drainage discharge convenance.x Path of travel Utility plan
x Fire waterx Domestic water to existing meter.

Site plan
x Horizontal control & dimensionsx ADA parking stall.x Stripingx Details Offsite plans
x Encroachment permitx Offsite fire water connection
CIVIL
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35 Technical Proposal, A&E Services Maywood Teen Center Improvement Project

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36 Technical Proposal, A&E Services
Maywood Teen Center Improvement Project
IDS' fee proposal for the City of Maywood Teen Center Improvement Project can be found as a separate fi le labeled 'Fee Proposal, A&E Services, Maywood Teen Center Improvement Project'.

B. Cost Proposal
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1 Peters Canyon Road, Suite 130 | Irvine, California 92606 | T: (949) 387-8500 | www.idsgi.com ' Pl B ll
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B-1

EXHIBIT B

COMPENSATION

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IDS Group, Inc. – 1 Peters Canyon Rd., Suite 140, Irvine, CA 92606 Tel: 949-387-8500 | Fax: 949-387-0800 | www.idsgi.com
April 4, 2024
Jennifer Vasquez
City Manager
City of Maywwod
4319 Slauson Avenue
Maywood, CA 90270
SUBJECT: Request for Proposals to Provide Engineering Services for Preparation of PS&E Maywood Teen Center Improvement Project
Dear Ms. Vasquez:

IDS Group, Inc. (IDS) is pleased to submit our Best and Final Offer for the referenced subject project.

Fee
We propose providing design services for a fee of $303,100.00. By project phase we propose the following.

Find enclosed a copy of the IDS’ fee matrix broken down into Tasks and Phases that align with what’s outlined in the RFP and Addendums issued.

Thank you for your consideration and we look forward to the opportunity to work with the City on the wonderful project.

Sincerely,
IDS Group
John Silber, AIA Said Hilmy, Ph.D., SE, LEED AP
Principal Architect Principal-in-Charge / Contract Administrator Cc: Shelley Sivak, RA, LEED AP - IDS Project Manager
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#REF!
Complete
$28,308
Design Development (DD) $116,192
Construction Documents (CD) $94,605
Agency Review & Approvals $14,784
$7,994
$41,217
$303,100
Fee Proposal Summary
City of Maywood Teen Center
Services by Project Phase
Project Review / Evaluation
Schematic Design (SD)
Professional Services
Construction Phase Services
Bidding Phase Services
Total
4/4/2024
B- 3

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City of Maywood Teen Center
Basic Professional Services
April 4, 2024
Staff Allocations per Discipline:

Role/Classifications: Hours Fees Principal Overall PM Project Arch
Job
Captain CAD Principal SeniorArch CAD Principal Proj.Eng CAD Principal Senior
Eng
Proj.

Eng
CAD Principal Proj.

Eng
CAD
Senior
Est.

Hours Fee
Hourly Rate: 234$ 211$ $ 175 $ 132 118$ Hrs Fees $ 227 175$ 112$ Hrs Fees 234$ 175$ 118$ Hrs Fees 234$ 185$ 175$ 118$ Hrs Fees 234$ 175$ 118$ Hrs Fees 234$ 175$ 118$ Hrs Fees 175$ Hrs Fees PS&E Phase Services
Project Review / Evaluation 170 $28,308
Assesment inc. Structural / Seismic Assessment 156 $25,668 1 18 24 32 75 $12,456 0 $0 32 20 52 $7,960 1 8 9 $1,634 1 8 9 $1,634 1 2 3 $584 8 8 $1,400 Biweekly Meetings 14 $2,640 2 2 2 6 $1,240 0 $0 2 2 $350 2 2 $350 2 2 $350 2 2 $350 0 $0 Design Development (DD) 795 $116,192
DD Site and Engineering Design 224 $32,412 8 18 40 66 $10,118 8 20 28 $3,640 1 24 24 49 $7,266 1 8 16 25 $3,522 1 12 20 33 $4,694 1 6 16 23 $3,172 0 $0 Prepare Final DD Package 218 $31,266 16 24 80 120 $18,136 4 24 28 $3,388 16 24 40 $5,632 4 8 12 $1,644 4 8 12 $1,644 2 4 6 $822 0 $0 Update Cost Estimate 18 $3,186 1 1 2 $386 0 $0 0 $0 0 $0 0 $0 0 $0 16 16 $2,800 FF&E 46 $6,846 18 28 46 $6,846
Specs (KSI) 40 $6,000 40 6,000.00$
CEQA (Sagecrest) 6 $900 6 900.00$
Fire Sprinkler (Advanced) 45 $6,100 45 6,100.00$
Surveying (Guida) 54 $7,322 54 7,322.00$
Geotech (ASE) 58 $10,200 58 10,200.00 $
LV/AV/S (Red Rock) 64 $8,000 64 8,000.00$
Biweekly Meetings, City Council Presentations 21 $3,960 3 3 3 9 $1,860 0 $0 3 3 $525 3 3 $525 3 3 $525 3 3 $525 0 $0 Construction Documents (CD) 632 $94,605
CD Site & Engineering Design 274 $39,264 4 8 12 24 $3,828 0 $0 1 48 54 103 $15,006 1 18 32 51 $7,160 1 18 40 59 $8,104 1 12 24 37 $5,166 0 $0 Prepare Final CD Package 266 $38,730 24 24 80 128 $19,824 0 $0 20 28 48 $6,804 8 20 28 $3,760 10 28 38 $5,054 8 16 24 $3,288 0 $0 FF&E Package 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0
Final Cost Estimate 29 $5,219 4 4 $844 0 $0 0 $0 0 $0 0 $0 1 1 $175 24 24 $4,200 Final CSI Format Specifications 20 $3,644 4 4 $844 0 $0 4 4 $700 4 4 $700 4 4 $700 4 4 $700 0 $0 Biweekly Meetings, City Council Presentations 43 $7,748 5 5 5 15 $3,100 4 4 8 $1,148 5 5 $875 5 5 $875 5 5 $875 5 5 $875 0 $0 Agency Reviews & Approvals 100 $14,784
Building & Fire Department Reviews 14 $2,558 3 3 6 $1,158 0 $0 2 2 $350 1 1 $175 1 1 $175 4 4 $700 0 $0 Pick up Agency Comments 86 $12,226 4 4 16 24 $3,656 0 $0 8 16 24 $3,288 8 12 20 $2,816 2 4 6 $822 4 8 12 $1,644 0 $0 Bidding Phase Services 45 $7,994
Bid Meeting 11 $2,056 1 2 2 5 $1,006 0 $0 2 2 $350 2 2 $350 2 2 $350 0 $0 0 $0 Q & A 12 $2,172 2 2 4 $772 0 $0 2 2 $350 3 3 $525 3 3 $525 0 $0 0 $0 Bid Review, Negotiations, Recommendations 22 $3,766 4 4 8 $1,544 0 $0 4 4 8 $1,172 3 3 $525 3 3 $525 0 $0 0 $0 Construction Phase Services 251 $41,217
Construction Kickoff 7 $1,297 2 2 $422 0 $0 2 2 $350 1 1 $175 1 1 $175 1 1 $175 0 $0 Monthly Construction Meetings 68 $12,908 28 12 40 $8,008 0 $0 12 12 $2,100 6 6 $1,050 6 6 $1,050 4 4 $700 0 $0 RFI Responses 96 $15,976 12 12 8 32 $5,688 0 $0 28 4 32 $5,372 12 4 16 $2,572 4 4 8 $1,172 4 4 8 $1,172 0 $0 Construction Close out 80 $11,036 4 6 10 $1,636 0 $0 8 18 26 $3,524 4 16 20 $2,588 4 16 20 $2,588 4 4 $700 0 $0 TOTAL - Hours 1,993 12 150 166 302 0 630 0 24 54 78 2 222 192 416 3 0 100 108 211 3 92 120 215 3 66 72 141 48 48 268 Total Fees $303,100 $103,372 $10,248 $61,974 $30,946 $30,962 $20,748 $8,400 $38,522 Subtotal Subtotal
Consultants TOTAL Architecture Landscape Arch Structural Electrical Mechanical/Plumbing Civil Estimation Subtotal Subtotal Subtotal Subtotal Subtotal

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EXHIBIT C

LABOR CODE REQUIREMENTS

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EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

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

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

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

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

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

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

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

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of the location of the records. Pursuant to Labor Code Section 1771.4, Contractor and each subcontractor shall furnish such records to the Labor Commissioner, at least monthly, in the form specified by the Labor Commissioner.

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

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

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

Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

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

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12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure.

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

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AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 20.

DATE: June 26, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: MOHAMMAD MOSTAHKAMI, PE
SUBJECT: ACCEPTANCE OF CITY OF MAYWOOD BEAUTIFICATION PROJECT (CLEAN CALIFORNIA GRANT CYCLE 1)
RECOMMENDATION:

Staff recommends that the City Council:

1. Accept project completion for the City of Maywood Beautification Project (Clean California Grant Cycle 1) as performed by Superb Engineering, Inc., for a total amount of $945,328.25; and

2. Authorize the City Manager to file a project Notice of Completion with the County of Los Angeles Registrar-Recorder; and

3. Authorize the City Manager to release a retention payment of $47,266.41 to Superb Engineering, Inc. within 35 days following recordation of the Notice of Completion pursuant to contract documents.

BACKGROUND:

The City’s Beautification project through Clean California Local Grant Program Cycle 1 was awarded to the City on June 1, 2022, for a total of $1,388,940. On September 14, 2022, the City Council adopted Resolution No. 6265 accepting the grant funds.

On March 22, 2023, the City Council authorized the City Manager to release a Request for Proposals (RFP) for Professional Design Services for the City of Maywood Beautification Project (Project). On May 24, 2023, the City Council approved a Professional Services Agreement with Lost West to provide professional design services for the Project. Shortly after Lost West commenced design services and plans and specifications were completed in October 2023.

On January 24, 2024, the City Council awarded a construction contract for $830,429.80 to Superb Engineering, Inc, the lowest responsive and responsible bidder, for the Project. The project construction budget also included a contingency budget of $166,085.96 (20% of Contract) for any unforeseen conditions as necessary. The total established construction budget was $996,515.76.

DISCUSSION:

On March 4, 2024, Superb Engineering, Inc. commenced construction work. The work included but not limited to the installation of new landscaping, irrigation systems, electrical systems, monument signs, anti-dumping cameras, cabinet vinyl wrappings, and relocation of banner poles and banners per plans and specifications. All

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improvements have been completed satisfactorily. The total construction cost including several change orders is $945,328.25, which is within the approved construction budget.

Staff recommends that City Council accept the project as complete, authorize filing a Notice of Completion, and release of retention payment pursuant to contract documents.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

The total construction cost including Change Orders is $945,328.25, which will be covered through Clean California Local Grant Program Cycle I grant allocation in the amount of $1,388,940 based on reimbursement.

ATTACHMENT(S)

1. Attachment 1 Notice of Completion

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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

CITY CLERK

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

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

Notice is hereby given that:

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

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

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

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

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

NAMES ADDRESSES
NONE

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

NAMES ADDRESSES
NONE

7. A work of improvement on the property hereinafter described was completed on June 26, 2024.

The work was: City of Maywood Beautification Project (Clean California Grant Cycle 1).

8. The name of the contract, if any, for such work of improvement was Superb Engineering, Inc. February 2, 2024
(IF NO CONTRACTOR FOR WORK OF IMPROVEMENT AS A WHOLE, INSERT ‘NONE’) (DATE OF CONTRACT)

9. The property on which the work of improvement was completed is in Maywood, County of Los Angeles, State of California, and is described as follows: Various locations city-wide_ _____________________________________________________________________________

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

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

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

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AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 21.

DATE: June 26, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: OKAN DEMIRCI, CITY ENGINEER
SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH BUREAU VERITAS

FOR THE MAYWOOD ADA SELF EVALUATION AND TRANSITION PLAN RECOMMENDATION:

Staff recommends that the City Council approve a Professional Services Agreement with Bureau Veritas for the Maywood ADA Self Evaluation and Transition Plan in the amount not to exceed $137,017.43 and authorize Mayor to execute the agreement in a form approved by the City Attorney and approve the delegation of authority to the City Manager to execute any amendment to the Agreement.

BACKGROUND:

The project includes seeking qualified vendors to provide professional services for the Preparation of ADA Self Evaluation and Transition Plan.

On April 26, 2024, staff advertised a Request for Proposals (RFP) on PlanetBids. Proposals were due on May 28, 2024, at 5:00 p.m.

DISCUSSION:

As part of the performance of this contract, the selected firm will be expected to perform all technical and other analyses necessary to complete the below scope of work:

1. Identify City programs, activities, and services that may be discriminatory to people with disabilities and identify any existing obstacles limiting accessibility;

2. Review City policies, practices, and procedures which govern the administration of City programs, activities, and services;

3. Provide a detailed outline of methods necessary to remove program accessibility barriers;

4. Conduct ADA compliance evaluation of City buildings and park amenities; and

5. Prepare the City’s ADA Self Evaluation and Transition Plan.

The consultant will conduct comprehensive facility surveys and prepare accessibility barrier assessment as part of this study. The survey will include City owned Buildings, Parks and Open Spaces, Public Rights-of-Way, City Programs and Services, City Communications and Webpages. The facilities as part of the transition plan include:
• City Council Chamber (2nd floor @ City Hall)

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• City Hall (Public Counter)
• City Hall (Elevator Access)
• City Hall Parking Lot
• Public Works Yard
• Maywood Cesar Chavez Library
• Maywood Boxing Club
• Maywood Boxing Club Parking Lot
• Riverfront Park
• Riverfront Park Parking Lot
• Maywood Parks/Maywood Parks and Recreation Buildings
• Pine Avenue Park
• Benito Juarez Park
• Pixley Park
On May 28, 2024, the City received three proposals from Bureau Veritas, Miller Architectural Corporation, and Sally Swanson Architects, Inc.

The proposals were evaluated based on an established criteria including compliance with RFP requirements, proposal quality, project understanding, approach, methodology and responsiveness, flexibility, experience of assigned staff including prior experience of working relationship of key team members in past similar projects, and schedule efficiency. All firms submitted comprehensive proposals. However, Bureau Veritas received the highest ranking with a fee of $137,017.43.

Staff recommends approval of the attached agreement with Bureau Veritas for $137,017.43.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

The FY 2024-25 total project budget is $300,000, including $150,000 through Local Fiscal Recovery Fund (Fund #273), and $150,000 through Measure R Transit Fund (Fund #224). There are adequate funds available to cover the professional services of Bureau Veritas.

ATTACHMENT(S)

1. Attachment 1 Professional Services Agreement

2. BV Proposal_City of Maywood_ADA

3. BV Cost Proposal_City of Maywood_ADA

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Ver. 3/2020
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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated June 26, 2024 (“Effective Date”) and is between the City of Maywood, a California municipal corporation (“City”) and Bureau Veritas (“Consultant”). City and Consultant are sometimes referred to herein as the “Parties”, and individually as a “Party”.

RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to perform Professional Services for the Preparation of ADA Self Evaluation and Transition Plan.

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

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

The Parties therefore agree as follows:

1. Consultant’s Services.

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

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

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

Standard of Performance. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like

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Error! Unknown document property name.
professionals under similar circumstances and in a manner reasonably satisfactory to City.

Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.

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

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

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

2. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 26, 2025, unless sooner terminated as provided in Section 13 of this Agreement or extended.

3. Compensation.

Compensation. As full compensation for Scope of Services satisfactorily rendered, City agrees to compensate Consultant, and Consultant agrees to accept in full satisfaction for the services required by this Agreement, One Hundred Thirty Seven Thousand Seventeen Dollars and Forty-Three Cents ($137,017.43), 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 $137,017.43, which includes expenses and additional services (if any) during the term of this Agreement (“Maximum Compensation”).

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

Unauthorized Services and Expenses. City will not pay for any services not specified in the Scope of Services, unless the City Council or the City Representative, if

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-3- Ver. 3/2020
Error! Unknown document property name.
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.

Invoices. Consultant shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Consultant in writing within ten Business days of receipt of any disputed invoice amounts.

Payment. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement or within such other reasonable time dependent on the City’s warrant run procedures.

City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. Notwithstanding the preceding sentence, if Consultant is a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.

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

5. Independent Contractor.

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

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

B. All of Consultant’s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of

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City and shall at all times be under Consultant's exclusive direction and control.

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

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

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

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to defend, indemnify and hold harmless as set forth in any other provision of this Agreement.

6. PERS Compliance and Indemnification
A. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.

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

7. Information and Documents.

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

Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of

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deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.

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

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

8. Conflicts of Interest. Consultant and its officers, employees, associates and subconsultants, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090.

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

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

Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify, and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants,

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attorneys, or other professionals and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c).

Other Indemnities.
i. Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties.

Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. ii. Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph B.2). iii. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any

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other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties.

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

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

10. Insurance.

Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

Commercial General Liability Insurance with a minimum limit of $1,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $1,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.

Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $1,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of Services under

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this Agreement, Consultant shall provide insurance in the amount required by California law.

Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required, but Consultant shall execute a declaration that it has no employees.
4) If this box is checked, Professional Liability/Errors and Omissions Insurance with minimum limits of $1,000,000.00 per claim and in aggregate.

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

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

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

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

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

Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Section is canceled or reduced

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in coverage or limits, Consultant shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

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

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

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

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

Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 9 of this Agreement.

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

11. Mutual Cooperation.

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

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

12. Records and Inspections. Consultant shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such

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information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to examine and audit the books and records, to make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment.

13. Termination of Agreement.

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

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

14. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.

15. Default.

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

In addition to the right to terminate pursuant to Section 13, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City shall serve Consultant with written notice of the default.

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Consultant shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

16. Notices. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during Consultant’s and City’s regular business hours, or (c) three 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 Att: Erik Piller, Sr. Vice President City of Maywood Bureau Veritas
4319 East Slauson Avenue 220 Technology Drive
Maywood, California 90270 Irvine, CA 92618

17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subconsultant or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. Consultant will take affirmative action to ensure that subconsultants and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

18. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

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

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20. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.

21. Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subconsultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subconsultants and agents.

22. Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

23. Non-Appropriation of Funds. Payments to be made to Consultant by City for services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

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

25. Entire Agreement and Modification of Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive

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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.

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

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

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

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

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

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

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

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

34. Corporate Authority. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement.
[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:

Eddie De La Riva
Mayor of the City of Maywood
ATTEST:

By:

Daisy Guerrero, Deputy City Clerk
APPROVED AS TO FORM:

By:

Roxanne Diaz, City Attorney
Consultant:

Bureau Veritas
By:

Name: ___________________
Title: ____________________

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A-1
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EXHIBIT A

SCOPE OF SERVICES

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B-1
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EXHIBIT B

COMPENSATION

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C-1
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EXHIBIT C

LABOR CODE REQUIREMENTS

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C-2
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EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

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C-3
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of the location of the records. Pursuant to Labor Code Section 1771.4, Contractor and each subcontractor shall furnish such records to the Labor Commissioner, at least monthly, in the form specified by the Labor Commissioner.

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

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C-4
Error! Unknown document property name.

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CITY OF MAYWOOD

REQUEST FOR PROPOSALSVTO PROVIDE PROFESSIONAL SERVICES

FOR THE PREPARATION OF ADA SELF EVALUATION REPORT AND

TRANSITION PLAN
May 28, 2024o.

RFP Name
BUREAU VERITAS | ERIK PILLER
220 TECHNOLOGY DRIVE, IRVINE CA 92618
P 800.733.0660 | [email protected]

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1 May 28, 2024
City of Maywood
4319 East Slauson Avenue
Maywood, California 90270
RE: Request for Proposals to Provide Professional Services for the Preparation of ADA Self Evaluation Report and Transition Plan
_______________
To Whom it May Concern:

Bureau Veritas Technical Assessments, LLC (Bureau Veritas) is pleased to provide the City of Maywood with the enclosed proposal in response to the RFP to Provide Professional Services for the Preparation of ADA Self Evaluation Report and Transition Plan. Bureau Veritas understands the requirements of the RFP and is qualified to perform the services.

Proven Experience | Bureau Veritas has extensive experience providing ADA Assessments for City, County and State Government entities. We are licensed in the State of California and are familiar with all ADA and California codes and regulations. In addition to ADA Self-Evaluation and Transition Plan expertise - Bureau Veritas offers a full suite of services including ADA plan check, inspections, design, and turn-key project management for implementation. BV’s code compliance group has performed ADA and CASp plan check and inspections for hundreds of municipalities acting as augmented staff or third party consultant.

Highly Qualified Team | Bureau Veritas is an architecture and engineering firm focused solely on assessment and planning studies, with 800 professionals nationwide. We provide a national broad based Project Team of Accessibility Assessors with backgrounds in Architecture, Civil Engineering, Landscape Architecture, and Construction. BVTA has 22 CASp professionals - including 12 plan check and inspectors, 7 assessors, and 3 design professionals.

ADA Experience | Our Assessment teams have performed similar services for clients including:
• City of West Covina, CA
• City of Hermosa Beach, CA
• City of Mountain View, CA
• City of Garden Grove, CA
• City of Brea, CA
• City of Orange, CA
• Gavilan College, CA
• City of Chino, CA
• City of Rancho Cucamonga, CA
• San Bernardino County, CA
• City of Pomona, CA
• City of Alameda, CA
• Yuba City School District, CA
• South Lake Tahoe, CA
• City of Tracy, CA
• Hayward Recreation and Parks, CA
• City of Napa, CA
• Ambrose Parks and Recreation District, CA
• Sonoma County, CA
• Humboldt County, CA
Bureau Veritas is committed to providing quality services, and consistently demonstrating our corporate commitment to quality, continual improvement, and client satisfaction. Bureau Veritas is not debarred, suspended, or otherwise prohibited from professional practice by any federal, state, or local agency.

We appreciate the opportunity to present our qualifications for these services and look forward to working with the City of Maywood. I am authorized to bind Bureau Veritas to all terms, conditions, and commitments made in this proposal. Please contact me at 800.733.0660, ext. 7292704 or [email protected] to further discuss our qualifications.

Sincerely,
Erik Piller, Senior Vice President

BUREAU VERITAS
220 TECHNOLOGY DRIVE, IRVINE, CA 92618
P 800.733.0660 | WWW.BVNA.COM

1. COVER LETTER

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2 1. Cover Letter................................................................................................................................... 1

2. Table of Contents......................................................................................................................... 2

3. Experience and Qualifications..................................................................................................3

4. Approach to Scope of Services ...............................................................................................12

2. TABLE OF CONTENTS
Section Page

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3 Company: Bureau Veritas Technical
Assessments LLC
Year Founded: 1986
Headquarters: 6021 University Boulevard, Suite 200
Ellicott City, MD 21043
Project Office: 220 Technology Drive
Irvince, CA 92618
Contact: Erik Piller
Senior Vice President
Telephone: (800) 733-0660, ext. 7292704
Email: [email protected]
Website: bvna.com
Company Information
HQ
HQ
HQ
BV Oce Locations
BV Technical Assessments
Headquarters
MO
IL
TX
AZ
CA
AK
NM
NV
UT
CO
KS
OK
OR
WA
ID
MT
WY
ND
SD
NE
MN
IA
WI
AR
LA
OH
WV
VA
SC
TN

MS AL GA
FL
MI
IN
NH
NJ
MD
DE
RI
ME
KY
PA
NY
CT
HI
VT
NC

3. EXPERIENCE AND QUALIFICATIONS
Profile
Bureau Veritas Technical Assessments LLC (“Bureau
Veritas” or “BVTA”) is a professional services consulting firm providing comprehensive architectural, engineering, energy, and environmental solutions. Our team includes
over 800 building professionals nationwide, including
Registered Architects, Professional Engineers, Certified Energy Managers, Project Managers, Environmental
Professionals, Building Systems Consultants, and Code
Compliance Experts.

Annually, Bureau Veritas conducts thousands of assessments for Multifamily, Commercial, Industrial, Government, and Educational clients. Having successfully completed billions of square feet of building assessments, we have developed a proven and efficient methodology for the performance of field assessments and data collection.

Bureau Veritas’ recommendations are based on knowledge
of property conditions, life-cycle analysis, regulations, and client objectives. Bureau Veritas’ subject matter expertise and understanding of buildings, parks, and property sites forms the foundation on which we team with clients to
create and implement facility and portfolio management
solutions.

ASSET MANAGEMENT SERVICES
• ADA Accessibility Compliance
• ADA Transition Plans
• PROW Surveys
• Facility Condition Assessments
• Capital Planning Reports
• Accessibility Compliance
• Equipment and Asset Inventory
• Barcoding, QR Coding, and Tagging
• CMMS Consulting
• Preventive Maintenance Plans
• Space Analysis Studies
• Energy Audits and Modeling
• Commissioning (Cx and Rx)
• Construction Monitoring
• Project Management
• Plan and Document Review
What We Do

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4 BVTA has proven relevant experience with the codes and regulations applicable to the County’s project. BVTA’s history of successful performance demonstrates a competency in the following code/regulatory areas:

Projects completed by BVTA similar in scope to the City’s project are as follows:
• 2010 ADA Standards for Accessible Design
• ADAAG / ABA / UFAS
• 2009 ICC/ANSI A117.1
• Local Building Codes
• ADA/504 Compliance
• PROWAG
• BOCA (Certified Inspectors on staff)
• NFPA
• AHERA
• USEPA Standards
• OSHA Codes and Regulations
• ASHRAE Standards related to Indoor Air Quality and
Design

CLIENT STATE SERVICES YEAR

COMPLETED
City of West Covina CA ADA Transition Plan Just Awarded City of Mountain View CA ADA Transition Plan Just Awarded City of Eastvale CA ADA Transition Plan Just Awarded
Pasadena Unified School District CA ADA Transition Plan 2024 City of Chino CA ADA Transition Plan 2024
City of Alameda CA ADA Transition Plan 2023
Yuba City Unified School District CA ADA Transition Plan 2023 City of Hermosa Beach CA ADA Consulting 2022
City of South Lake Tahoe CA ADA Transition Plan 2022
San Bernardino County CA ADA Transition Plan 2022
Sonoma County CA FCA & ADA Assessment 2021
City of Tracy CA ADA Transition Plan 2021
State of Washington Parks & Recreation WA ADA Transition Plan 2020 City of Napa CA FCA& ADA Assessment 2020
City of Redmond WA ADA Assessment 2020
City of Lexington NC ADA Assessment 2020
State of Hawaii HI ADA Study 2019
University of Nevada, Reno NV ADA Assessment 2019
Hayward Recreation and Park District CA ADA Assessment 2019 City of El Segundo CA FCA and ADA Assessment 2019 - 2022 City of Garden Grove CA FCA and ADA Assessment 2019
City of Brea CA FCA and ADA Assessment 2019
Atlanta Housing Authority GA ADA Assessment 2019
Town of Acton MA ADA Assessment 2018
Town of Revere MA ADA Assessment 2018
City of Rockville MD ADA Assessment 2018
New Hanover County NC FCA and ADA Assessment 2018
Kimco Nationwide FCA and ADA Assessment 2018
City of Wilmington DE ADA Assessment 2018
MD Nat’l Capital Park & Planning Commission MD ADA Assessment 2017 Relevant Project Experience

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5 CITY OF CHINO

ADA ASSESSMENT AND TRANSITION PLAN
The City of Chino, CA entered into a professional services agreement with Bureau Veritas Technical Assessments LLC (Bureau Veritas or BVTA) to provide a comprehensive evaluation of Americans with Disabilities Act (ADA) accessibility compliance in three areas: public rights-of-way for facilities, City policies and practices, and City parks and buildings.

This project consisted of conducting a self-evaluation and preparing an ADA Transition Plan to include identified physical barriers to accessibility, the methods to improve accessibility, the estimated costs to remediating the identified barriers, and a schedule to achieve ADA compliance.

The City of Chino is 29.7 square miles with approximately 262 centerline miles of streets. Bureau Veritas developed a Citywide reference map using GIS for curb ramps including, but not limited to, an associated database with condition data, ramp type, slope, landing, detectable warning surface and other compliance information. The Citywide reference map also used GIS for sidewalks and condition data of sidewalks (uplifts, cracks, width, repair priority).

PROJECT PROFILE

LOCATION
Chino, CA

SERVICE
ADA Title II Survey / CASp
Transition Plan
PROW Surveys
Program & Policy Review
Public Outreach
Website Review
SIZE
42 Facilities
45 Parks
451,991 SF
440 Miles of Sidewalks
3473 Curb Ramps
159 Traffic Signals
90 Transit Stops
YEAR
2023
FEE
$538,551.20

REFERENCE
Lisa Almilli, MA, ADAC
Accessibility Coordinator
Development Services,
Accessibility Division
City of Chino
13220 Central Avenue
Chino, CA 91710
(909) 334-3524
[email protected]

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6 CITY OF ALAMEDA

ADA SELF-EVALUATION AND TRANSITON PLAN

PROJECT PROFILE

LOCATION
Alameda, CA

SERVICE
ADA Self Evaluation
Transition Plan
ADA Plan Review Consulting
SIZE
78 Facilities and Parks
516,019 SF
280 Miles of Sidewalk
2918 Curb Ramps

FACILITY TYPE
City Hall
Essential Facilities
Parks
Fire Stations
Libraries
Recreational
YEAR
2022
FEE
$364,942.00

REFERENCE
City of Alameda
Mike Billington
2263 Santa Clara Avenue
Alameda, CA 94501
510-747-7947
[email protected]
Bureau Veritas (BV) was awarded a contract to compile and implement a comprehensive Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan for City programs, facilities, parks, parking lots, streets, intersections and sidewalks.

BV performed field investigations within the City right-of-way and of City facilities, evaluated City policies and programs, and prepared an ADA Transition Plan in order to:
• Identify existing obstacles limiting accessibility
• Describe steps that are to be taken to ensure that facilities within the public right of way are made accessible to all individuals • Specify a schedule for achieving compliance
• Identify the official who will be responsible for implementation of the plan
The ADA Transition Plan provide the basis for prioritizing, budgeting, implementing, and monitoring barrier removal. BV reviewed and evaluated the current City policies, programs (including recreation programs), and practices in order to identify issues which may be discriminatory to people with disabilities. BV’s ADA reports included cost estimates of remediation measures.

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7 CITY OF RANCHO CUCAMONGA

ADA ASSESSMENT & TRANSITION PLAN

PROJECT PROFILE

LOCATION
Rancho Cucamonga, CA

SERVICE
ADA Assessment
ADA Transition Plan
SIZE
554,063 SF
53 Facilities

13.5 miles of Sidewalk
3,000 Curb Ramps

FACILITY TYPE
Parks & Trails
Sports Centers, AAA Ballpark
Community & Senior Centers
Libraries
Fire Stations & Police Facilities
Corp Yard & Support Facilities
Public Rights-of-Way
Year
2022
FEE
$290,282.56

REFERENCE
City of Rancho Cucamonga
Ty Quaintance
Facilities Superintendent
(909) 774-4102 x4148
[email protected]
Bureau Veritas Technical Assessments LLC (BVTA) worked with Owen Group to perform ADA Title III assessments for the City of Rancho Cucamonga. The facilities assessed included 7 fire stations, police facilities, 31 parks, 100 miles of bike paths and trails, sports and recreation facilities, community and senior centers, public libraries, an animal shelter, and support facilities. The project scope also included the assessment of public rights-of-way (PROW): 13.5 miles of sidewalk, 3,000 curb ramps, 207 traffic signals, and 1,200 parking stalls.

The goal of the assessment was to define the City's ADA deficiencies and develop a transition plan to bring the City's facilities into compliance with Federal ADA regulations.

The assessment team developed a methodology for collecting facility data addressing such concerns as non-compliance, condition, and future facility management and operational needs. The team compiled a comprehensive inventory of City buildings, noting such attributes as description, size, condition, code, and ADA compliance.

The team provided a report detailing the findings at each facility, a database of the findings, and recommended a transition plan to implement over the next 10 years. Each report and database included a detailed description of each deficiency. The report was organized to include a narrative description of the deficiencies, applicable guidelines, viable corrective action, location description, and color digital photos of all recorded deficiencies.

This evaluation of PROW identified and recorded any gaps in connectivity, potential safety hazards, obstructions, missing curb ramps, and general noncompliance with accessibility regulations, including the following:
• Assessment of the Pedestrian Right-of-Way (Sidewalks) • Assessment of Curb Ramps
• Assessment of Pedestrian Crossings, Signalized Intersections, Un-signalized Intersections

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8 PROJECT EXPERIENCE:

City of Aliso Viejo, CA
ADA Assessment and Transition Plan
City of El Segundo, CA
FCA & ADA Assessment and Transition Plan
City of Rancho Cucamonga, CA
ADA Assessment and Transition Plan
City of Brea, CA
FCA & ADA Assessment and Transition Plan
City of Pomona, CA
ADA Assessment
City of Alameda, CA
ADA Assessment & Facility Condition
Assessment
City of Tracy, CA
ADA Assessment and Transition Plan
County of San Bernardino, CA
ADA Assessment
City of Napa, CA
FCA & ADA Assessment and Transition Plan
City of Chino, CA
FCA & ADA Assessment and Transition Plan
City of San Leandro, CA
ADA Assessment
City of Palmdale, CA
FCA & ADA Assessment and Transition Plan
Hayward Area Park & Recreation District, CA
ADA Transition Plan, Facility Condition
Assessment, and Energy Audit
City of South Lake Tahoe, CA
ADA Assessment and Transition Plan

MICHAEL CUNNIFF

PROGRAM MANAGER
Mr. Cunniff is a Senior Project Manager with 22 years of experience. He conducts and leads teams for Facility Condition Assessments, ADA Assessments, and other related services. He supervises and trains junior ADA professionals, architects, and engineers in conducting facility assessments. As Program Manager, he is responsible for delivering results and is the main point of contact for the Client throughout the project.

YEARS OF EXPERIENCE: 22
Education
Bachelor of Science, Architectural/Building Engineering Technology, New England Institute of Technology

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9 PROJECT EXPERIENCE:

City of Rancho Cucamonga, CA
ADA Assessment and Transition Plan
City of El Segundo, CA
ADA Assessment and FCA Update
San Bernardino County Transportation
Authority, CA
ADA Assessment and Transition Plan
City of Garden Grove, CA
ADA Assessment, Facility Condition
Assessment
City of Industry, CA
ADA Assessment
City of Tracy, CA
ADA Assessment and Transition Plan
City of Alameda, CA
ADA Assessment and Transition Plan
Hayward Area Recreation and Parks, CA
ADA Transition Plan, FCA, & Energy Audit
City of Brea, CA
FCA & ADA Transition Plan of Facilities, Parks
University of Nevada, Reno, NV
ADA Transition Plan
Rockdale County, GA
ADA Assessment
City of Lexington, NC
ADA Assessments & Transition Plan
Town of Acton, MA
ADA Assessment and Transition Plan
City of Revere, MA
ADA Assessment and Transition Plan

BRYON SCOTT, ADAC
Education & Certifications
Bachelor of Science, Business Administration, University of Maryland College Park, MD ADA Coordinator (ADAC)
ADA Coordinator Training Certification Program (ACTCP), University of Missouri

QUALITY ASSURANCE MANAGER
Mr. Scott is a Lead Project Manager with BV. He has 21 years of Construction Management and is a Certified ADA Coordinator, and uses this knowledge to identify ADA barriers, minimize litigation risk, improve customer accessibility, and enhance customer satisfaction. Mr. Scott is a regular speaker at ADA Coordinator’s meeting on Title II and Title III subjects. As Quality Assurance Manager, he will assist the Program Manager by providing QA/QC review on the data collection and reports.

YEARS OF EXPERIENCE: 21

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10 PROJECT EXPERIENCE:

City of El Segundo, CA
ADA Assessments
City of Alameda, CA
ADA Assessments
City and County of San Francisco, CA
Plan Review & ADA Compliance
City of Santa Clara, CA
ADA Inspections
City of Albany, CA
ADA Inspections
California Dept. of General Services, CA
ADA Inspections

ALLYSON WATTS, CASP, RA

ASSESSMENT TEAM
YEARS OF EXPERIENCE: 30+
Education
MArch, Architecture, University of California Berkeley
BArch, Architecture, Wellesley College
Certifications
Certified Access Specialist | CASp-327
Registered Architect | CA | 27324
PROJECT EXPERIENCE:

City of Tracy, CA
ADA Transition Plan
City of Rancho Cucamonga, CA
ADA Assessment
City of Chino, CA
ADA Assessment
South Lake Tahoe, CA
ADA Transition Plan
John Wayne Airport, CA
ADA Assessment
JUSTIN VANG, CASp

SENIOR PROJECT MANAGER
Education
Master of Science, Civil/Structural Engineering,
California State University
Bachelor of Science, Civil Engineering,
University of California
YEARS OF EXPERIENCE: 5
Certification
Certified Access Specialist | CA | CASp-845

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11 PROJECT EXPERIENCE:

City of Garden Grove, CA
FCA and ADA Transition Plan
City of Brea, CA
ADA Transition Plan
City of Tracy, CA
ADA Assessment & Transition Plan
Gavilan College, CA
ADA Assessment
City of Napa, CA
FCA, Inventory, ADA Transition Plan
Washington Parks & Rec. Commission, WA
ADA Assessment & Transition Plan

SUSAN LLOYD, ADAC

ADA CONSULTANT
Education
Bachelor of Science, Building Science and
Management, Clemson University
YEARS OF EXPERIENCE: 30+
YEARS OF EXPERIENCE: 30
BRIAN MANTERNACH, CASp

ASSESSMENT TEAM
PROJECT EXPERIENCE:

City of Tracy, CA
ADA Assessment and Transition Plan
City of Pomona, CA
ADA Consulting
Hayward Area Recreation & Park District, CA
ADA Assessment and Transition Plan, FCA,
Energy Audit
City of Napa, CA
FCA, Inventory, ADA Transition Plan
Washington State Parks and Recreation
Commission, WA
ADA Assessment and Transition Plan –
statewide
City of Redmond, WA
ADA Assessment and Transition Plan
License & Certification
Certified Access Specialist | CA #CASp-851
Accessibility Inspector/Plans Examiner |
#8010569
Education
Building Materials Management, Northeast Iowa
Community College
Certification
ADA Coordinators Training Certification
Program

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12 General Statement of Understanding
Bureau Veritas understands that it will provide consulting services to ensure the City of Maywood (“the City”) complies with all aspects of the Americans with Disabilities Act (ADA), the Federal ADA Accessibility Guidelines (ADAAG), American Barriers Act (ABA), the California Building Code, and local accessibility regulations with regards to its programs, and services, public buildings and facilities, exterior amenities, and paths of travel. The work will ultimately culminate in the production of an ADA Transition Plan, which will include a schedule of improvements necessary to meet the ADA, the State of California, and local accessibility requirements, associated order of magnitude cost estimates for barrier removal, a prioritized list of improvements, and a timeline for completion of needed improvements or modifications.

EXPERIENCE WITH STANDARDS AND GUIDELINES
Bureau Veritas has extensive experience and expertise
with ADA Accessibility Standards, Public Rights-of-Way
Accessibility Guidelines, and the California Building Code, which are relevant to this project. Our assessors and
management staff have project experience in multiple states and locales nationwide, and apply the 2010 ADA Standards for Accessible Design, the current ADA accessibility guidelines (ADAAG), and other state and local building codes as required by laws, statutes and ordinances. When prioritizing barrier removal, we will follow the order of preference advised by the Department of Justice in Title II requirements, or as modified through agreement with the City and by public
survey results. Bureau Veritas is experienced with the
application of the program access test defined in Title II

35.150(b), and understands that not all individual barriers must be removed, but the overall program must be made
accessible.

Proposed Project Approach
Bureau Veritas understands that we will provide consulting services to ensure that the City complies with all aspects of the Americans with Disabilities Act (ADA), the State of California, and local accessibility regulations with regards to its public buildings, programs, and services.

The scope of the work, as defined by the City, includes:
• ADA Self Evaluation
– Physical Assessment of Facilities and Sites
– Accessibility Transition Plan
• Program Access and Policy Review
• Public Outreach Meetings (2)
• Public Rights-of-Way (PROW) Evaluation: public sidewalks and curb ramps
Bureau Veritas will complete the following:
• Conduct comprehensive accessibility assessment and
inventory of facilities identified on the Buildings/Site list. • Ensure compliance with applicable standards,
regulations, and codes for accessibility
• Perform site visits to observe, document, and photograph specific conditions and modifications of facilities and components subject to federal, state, and local access
requirements.
• Assessment of the content and location of the City ‘s programs, services, policies, training and communication practices.
• Create public outreach to ensure public input into the transition planning process, including public meetings
and public survey.
• Create criteria to prioritize facilities and/or categories of work to support a phased approach to implementation
of the ADA Transition Plan.
• Establish order of magnitude (pre-planning level)
estimated costs for each barrier removal necessary to
make facilities accessible.
• Prepare interim and final presentations of findings and recommendations to the City.
• Deliver draft and final reports per protocol established by the City.
• Maintain the electronic database the City can use to track barrier removals as each is completed, which serves as a living Transition Plan.

APPROACH
Bureau Veritas will conduct a kick-off meeting with the City to define communication channels, define the scope of work, and to review the facility and program lists. Discussions will include recent and proposed capital improvements and
available programs at each of the facilities. Bureau Veritas will note public use patterns and prioritization of the facilities and programs.

Prior to the kick-off meeting, Bureau Veritas will provide a pre-assessment questionnaire for each site and other
documentation. Documents requested, if readily available, are:
• Prior accessibility transition plans or self-evaluations • Site plans / floor plans
• Identification of any/all historic structures
• Description of each facility’s purpose
• As-built drawings (with dates of construction)
• Current reasonable accommodation policy
• Intersection / street / curb plans / previous sidewalk survey

4. APPROACH TO SCOPE OF SERVICES

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13 The initial discussions with City staff will include the following elements:
• Roles and lines of communication between and within
both the City and Bureau Veritas.
• Protocols for interaction between all parties throughout the project: Contact information should include the office and cell numbers for a minimum of 2+ contacts with the
appropriate City staff and Bureau Veritas.
• Field assessment logistics: Normally, Bureau Veritas does not require escorts to perform the field assessments,
except where escorts may be required within restricted
areas. Outline areas of City’s highest priority for any assessment to be completed during any training phases,
likely complexity of assessment data processing, efficient workflow each day of the assessment, and City requests. • Facility mapping.
• Protocol for handling paths not clearly designated on the map, not collected due to construction, or otherwise deemed inaccessible. (PROW Survey)
• Strategies for connectivity between isolated urbanized areas. (PROW Survey)
Field schedules and facility management interviews will be conducted once the schedule is approved by the City.

Once the field schedule is approved, Bureau Veritas will deploy trained accessibility assessors with backgrounds in Landscape Architecture, Architecture, Engineering, and Building Systems for facility assessments. All field resources assigned have been professionally trained in accessibility assessments and have performed numerous assessments.

Program Access and Policy Review
Bureau Veritas is experienced with the program access
test defined in Title II 35.150(b), and realizes that not all amenities are required to be accessible. Bureau Veritas’s goal is to assist the City in providing the most economically viable improvements for its users. Through consultation with staff, stakeholder surveys and our field observations, Bureau Veritas will provide barrier removal recommendations
to improve the amenities necessary to comply with the
applicable standards to provide program access.

An assessment of the City’s programs will be performed. The United States Department of Justice defines “programs” as the “programs, services and facilities” of a Title II entity. The current status of the City’s programs as defined by the DOJ will be evaluated through discussions with City staff and a review of documentation. The goal mandated by Title II of the ADA is to ensure that individuals with disabilities are not excluded from services, programs, and activities because buildings are inaccessible or other assistance is not available.

Steps needed to make programs accessible to disabled
individuals will be detailed, such as, providing sign language interpreters to enable an individual with a disability to obtain the service, or providing benefits at an alternative accessible location in order to ensure that individuals with disabilities receive the benefits or services.

Bureau Veritas will meet with the designated representatives of the City to gather information from the various departments regarding the access opportunities or problems which have arisen in the past. Bureau Veritas will evaluate the issues and experiences with respect to the provision of services to people with disabilities.

A program survey will address issues with respect to the delivery of accessible programs and services. A policy and program review provides a greater scope of information
about structural changes required for barrier removal.

The list of public programs and methods of communication with the public has not been provided to Bureau Veritas as part of the City’s request for a proposal. As such, Bureau Veritas has limited the review of said programs and
communications to eighty (80) man hours. Bureau Veritas will work with the City to prioritize the review to those programs with the highest impact to the community.

It is possible that the program assessment will determine that providing full access to a given program, service or activity is simply not possible. In such a case, Bureau Veritas will work with the City to determine if providing full access to the program would be an “undue financial and
administrative burden.” Determinations regarding a finding of an “undue financial and administrative burden” require specific documentation as set forth in the Title II regulations.

Public Outreach
Community engagement is an essential part of creating a successful Transition Plan and Policy Procedure Guideline.

BV with work with the city to seek input from Staff, the general public, and the accessible community. This input is critical for understanding how facilities are actually being used and how to increase usability. Early engagement
increases community awareness, engagement after the
draft Transition Plan increases buy-in from the community, especially those advocating for accessibility.

The community engagement results and the City’s ADA
Compliance Team’s advice will be incorporated into the
Transition Plan. The Transition Plan can establish phases of barrier removal, without a calendar timeframe. To the extent that a facility, program, service, or activity is not going to be fully accessible to and usable by people with disabilities in the immediate future, we will work with the ADA Compliance Team to determine the best interim procedure or policy
in order to enhance accessibility to the maximum extent possible.

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14 Bureau Veritas has experience with public outreach,
including public input to the transition plan. Public outreach must be conducted prior to development of the Transition Plan, in order to determine user priorities and program opinion. Bureau Veritas will arrange for and conduct a
public outreach meeting for the community at large. Bureau Veritas will reach out to local disability rights and service organizations for their valuable community input.

Bureau Veritas’s goal is to assist the City in providing the most economically viable improvements for its users. The results of the initial public outreach and the advice of the City’s ADA Compliance Team will be incorporated into the Transition Plan. Bureau Veritas will provide barrier removal recommendations to improve the amenities necessary to
comply with the applicable standards to provide program access.

Examples of survey results from public sessions are included below.

Review of Website Accessibility
The ADA applies to Title III public accommodations’
websites, regardless of whether there is a specific regulation or technical standard in the ADA standards.

In a 2018 letter to Congress regarding business owned
websites, the Department of Justice (DOJ) noted, as it has in the past with other elements, spaces, or technologies for which there are no technical accessibility specifications, that the absence of a technical standard does not “serve as a basis for noncompliance” with the ADA’s general obligation to ensure equal access to goods and services. Rather, it means that public accommodations have “flexibility” in how to facilitate that access.

Existing website standards and guidelines can help web
developers create and maintain accessible websites. DOJ has often referred to the Web Content Accessibility Guidelines (WCAG 2.0), developed by the Web Accessibility Initiative (WAI), as a way of measuring the accessibility of websites.

Bureau Veritas will analyze and evaluate the City’s website for accessible content, including use of the WAVE web
accessibility evaluation tool or similar technology. Applying the current WCAG version (currently 2.1), Bureau Veritas will determine barriers to accessibility within the City’s website and present appropriate barrier removal.

This review is limited to up to 7 templated pages and forms that are representative to your website and those general edits will need to be remedied throughout the entire site.

Facility and Parks Assessments
An experience accessibility field observer will visit each property to observe the general condition of the site, facility interior, facility exterior improvements, and review available documents in order to familiarize themselves with each
site’s specific accessibility issues. Bureau Veritas will conduct a walk-through visit of each facility in order to observe and

FEATURE
% OF

RESPONDENTS
WHO RATED
FEATURE NO. 1
% OF

RESPONDENTS
WHO RATED
FEATURE NO. 2
% OF

RESPONDENTS
WHO RATED
FEATURE NO. 3
% OF

RESPONDENTS
WHO RATED
FEATURE NO. 4
% OF

RESPONDENTS
WHO RATED
FEATURE NO. 5
Public Restrooms 60% 0% 40% 0% 0%
Accessible Seating 20% 30% 20% 20% 0%
Accessible Routes 20% 30% 10% 20% 20%
Entrances / Doorways 0% 10% 20% 40% 30%
Parking Accommodations 0% 10% 10% 40% 40%
Note: Highest percentages are highlighted. Percentages are rounded numbers.

PUBLIC SURVEY RESULTS FOR CITY BUILDINGS

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15 identify physical accessibility deficiencies and formulate recommendations to eliminate the physical barriers.

As a part of the assessment process, Bureau Veritas will meet with a City representative in order to gain a clear understanding of the overall features and programs,
property condition, and completion dates of additions
and/or renovations, either on-site as part of the individual site assessment or at City offices reviewing the entire City inventory. Areas to be observed include all interior and exterior features of the property, including parking lots, amenities, sidewalk/pathways, recreational assets, exterior access ramps, all interior areas accessible to the public, and employee areas.

The field observer will develop recommendations
based on the walk-through visit and interviews with City representatives and Bureau Veritas’s vast experience
gained on similar properties previously evaluated. The field observer may also question others who are knowledgeable of the property’s physical condition and operation, or of similar systems to gain comparative information to use in evaluation of the property.

The field observer will review documents and information provided by the City that could aid Bureau Veritas’s
knowledge of the subject property’s physical improvements, extent and type of use, and/or assist in identifying material discrepancies between reported information and observed conditions.

During the walk-through, the observer will utilize a field checklist based on the 2010 ADA Standards for Accessible Design, which are the current ADA accessibility guidelines (ADAAG), as well as any more stringent accessibility standards defined by the State of California and local accessibility codes.

The field observer will utilize a digital level, measuring tape, door pressure gauge, light and sound meters, and
digital camera or an iPad with equivalent capability to evaluate existing elements to determine if barriers are present. The observer will identify and prioritize any existing improvements not in accordance with ADA, state, and local accessibility requirements, in the order of preference advised by the Department of Justice in Title II requirements, or as modified through agreement with the City and by public
survey results, such as:
• Physical access to the property
• Access to interior public areas
• Access to common areas, including recreation facilities and other observable space
• Access to restrooms; and
• Removal of remaining barriers
The field checklists will incorporate the applicable standards.

An excerpt of the field checklist follows.

The Bureau Veritas team will assess exterior areas and
interior common areas that are defined as areas of public accommodation, as well as the employee areas defined by the City. Bureau Veritas will identify existing non-compliant conditions, including but not limited to, the elements
specified below (if applicable):
• Space allowance/ranges
• Accessible routes, vestibules, corridors
• Protruding object
• Ground/floor surfaces
• Loading zones
• Curb ramps
• Ramps
• Stairs
• Elevators
• Platform lifts
• Windows
• Doors
• Hardware
• Work surfaces
WHEELCHAIR STALLS YES NO N/A NOTES Regulatory
Section
Is there 48” min. from the door side of compartment to any wall or obstruction when approach to compartment is parallel approach to the latch side of the door? Measurement must be made perpendicular to compartment door when fully closed from outside of door to obstruction outside compartment.

CBC Chap
11B-604.8.1.2
Does door have door pulls on both sides of door near the latch? CBC Chap 11B-604.8.2.2
Is centerline of water closet 17" min. to 18" maximum from side wall?
CBC Chap
11B-604.2

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16 • Entrances and exits
• Drinking fountains and water coolers
• Water closets
• Toilet stalls
• Urinals
• Lavatories and mirrors
• Bathtubs
• Shower stalls
• Toilet rooms
• Bathrooms
• Dressing/fitting rooms
• Sinks
• Storage
• Handrails, grab bars, and tub/shower seats
• Controls and operating mechanisms
• Alarms (visual, audible)
• Detectable warnings
• Signage (Braille, visual)
• Telephones
• Switches and outlets
• Seating and tables
• Assembly areas
• Parking
• Sidewalks and walkways
• Playgrounds and play areas
• Pools/aquatic facilities
• Recreational assets
If proposed solutions to the identified barriers to accessibility would place an undue administrative or financial burden on the City, Bureau Veritas will discuss these solutions in advance with City staff. Bureau Veritas will provide an order of magnitude (pre-planning level) estimate for all items of work necessary to bring each facility into compliance. All estimates will be based upon current year costs without escalation. Escalation factors can be included if preferred by the City.

PRIORITY RANKING AND CLASSIFICATION
The analysis will include all barriers to be ranked by Priority Classes. The five classes below are DOJ recommended but can be altered to meet your specifications and needs:

Priority 1: Accessible Approach and Entrances – An
entity providing accommodation to the public is
required to take measures to provide access to a place
of public accommodation from public sidewalks,
parking, or public transportation. These measures
include, for example, installing an entrance ramp,
correcting tripping hazards or lessening the slope of a curb ramp. At least one route of travel to each amenity or feature should be safe and accessible for everyone,
including people with disabilities.

Priority 2: Elements along the Accessible Route –
Barriers which occur along the path of travel shall be
removed, where such a barrier is easily accomplishable.

Examples include moving items within reach range,
widening doors, installing accessible door hardware,
and removing high-pile carpeting.

Priority 3: Restroom Facilities – Barrier removal may
include widening of toilet stalls, installation of grab bars. replacement of sinks and drinking fountains.

Priority 4: Access to All Other Features and Amenities – Measures are required to provide access to other areas.

This priority is for items not required for basic access in the other three higher priorities.

Public Rights-of-Way Evaluation
Prior to initiating the public right-of-way portions of the contract, Bureau Veritas (BV) will confirm the list of sidewalks, streets and curb cuts that will be analyzed.

BV will systematically survey the sidewalk and street
crossing surface environment for compliance with state, local, and Federal accessibility standards. BV will document changes in level, horizontal openings, upheavals, and other pathway events that may pose a barrier or potential hazard in the sidewalk and street crossing environment. Any major impediments and obstructions will be recorded.

BV will measure the grade and cross slope of each element of the curb ramp. The barriers of each curb ramp or the lack of a curb ramp will be documented. BV will capture deficiency data for transit stops, signalized intersections, and unsignalized intersections, including access to pedestrian pushbuttons and the condition and presence of crosswalk markings.

The PROW survey will begin in those priority areas that received the highest rank and will then extend to the other areas which are part of the rights-of-way list. This evaluation will identify and record any gaps in connectivity, potential safety hazards, obstructions, missing curb ramps, and
general noncompliance with accessibility regulations,
including the following:
• Assessment of the Pedestrian Right of Way (Sidewalks) • Assessment of Curb Ramps
• Assessment of Pedestrian Crossings, Signalized
Intersections, Un-signalized Intersections

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17 Public Rights of Way Assessment Process (PROWAP)
Technology
The BV team will utilize a proprietary PROWAP engineered by PathVu to efficiently and accurately assess the
conditions that exist in the sidewalk environment within the City’s jurisdiction. An assessment coordinator utilizes pathMet, a pushcart system, along each sidewalk corridor, which systematically evaluates the sidewalk surface
and environment for compliance with state and federal
accessibility standards. The system automates the process of discovering and documenting changes in level, horizontal openings, upheavals, or other pathway events that may pose a barrier or potential hazard in the sidewalk environment.

The PROWAP system provides spatial information about
the features discovered, including GPS data, a digital
image, and the distance along the stroll path. BV is able to provide an objective high-resolution data that inventories and characterizes sidewalk conditions. The collection
device is engineered to meet ASTM standard E3028 with
the output providing a route accessibility index allowing for prioritization based upon the customer’s needs.

Data collection for curb ramps is also effectively streamlined by use of the curbMet tool. The curb ramp data collection tool is used to measure the grade and cross slope of each element of the curb ramp. Once the dimension measurement portion of the curb ramp assessment is finished, the entire assessment is complete, the data output is analyzed and indexed based on the customer’s needs.

PROW Deliverable
The sidewalk data collected is integrated, along with various 3rd party data, into the pathVu data analytics platform and is processed to provide a characterization of a span of the sidewalk. Condition, grade, and curb ramp information
are all combined to provide a comprehensive view of a
walkability network and enables engineering firms and
municipalities can use to prioritize and spec the sidewalk repairs and upgrades. Reports from both data collection tools are combined and presented to the customer in GIS and Shapefiles.

The sidewalk and street crossing reports will include the following:
• Conversion of field data into the agreed upon format for import and use by the City.
• Spreadsheet data in Microsoft Excel format that contains a worksheet with the collected data for each feature type assessed, as well as a worksheet that contains the best path of travel data.
• Relatable tables (including GPS coordinates) in a file that contain the results of the assessment.

Transition Plan
The field assessment data and costs, programs assessment, and the public rights-of-way data and costs will be brought together in one document to form the Transition Plan. Once the assessments of the programs, buildings, facilities, and parks are complete, data will be analyzed and prioritized.

The Transition Plan document will include all identified barriers to accessibility, associated costs for barrier removal, and tentative solutions. Solutions will be discussed with City staff and presented to stakeholders, as needed. Once all facility assessments have been completed, a Draft Transition Plan will be prepared. The Transition Plan will provide a framework for full compliance with the accessibility
regulations.

The Transition Plan process comprises the following
components:
• Identification of physical and programmatic barriers in facilities under the City’s jurisdiction.

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18 • Determination of the barrier removal remedy and an order of magnitude estimate of the cost of the barrier
removal required to eliminate the physical barrier or
discriminatory practice.
• Assignment of priority level to the barrier removal.
• Formulation of the Transition Plan within the parameters of projected fiscal year budget constraints.

Within the Transition Plan, Bureau Veritas notes work that shall remove physical and programmatic barriers in existing facilities, and communication barriers structural in nature, where such removal is able to be carried out without much difficulty or expense. This document will outline in detail the steps required for the City to achieve accessibility compliance. Where the Transition Plan identifies work which will take longer than one year to complete, a multi-year schedule with priorities will be provided.

Results of the initial public outreach and the advice of the City’s ADA Compliance Team will be incorporated into the Transition Plan. The Transition Plan can establish phases of barrier removal, without a calendar timeframe. To the extent that a facility, program, service, or activity is not going to be fully accessible to and usable by people with disabilities in the immediate future, we will work with the ADA Compliance Team to determine the best interim procedure or policy
in order to enhance accessibility to the maximum extent possible.

Bureau Veritas will meet with the ADA Compliance Team
to present a Draft Transition Plan and gain its input
and commentary on the Draft Transition Plan prior to
presentation to the community.

The ADA requires that a public entity solicit and allow for the participation of interested persons in the development of a Transition Plan. The public outreach effort for the Draft Transition Plan will include advertisements in local newspapers in the weeks leading up to a public meeting
for presentation of the draft Transition Plan. It will be the responsibility of the City to post notice of the public meeting on the City website. Following the public meeting, Bureau Veritas will meet with the ADA Compliance Team to review all applicable commentary and to make choices regarding the draft final plan to be presented to the City. Regular maintenance or rehabilitation projects and that accessibility projects are blended into other scheduled work, when
possible.

Following the review and inclusion of public comments
in the Transition Plan, Bureau Veritas will submit the Final Transition Plan in printed and electronic copies to the designated parties and stakeholders. The Final Transition Plan will include an executive summary, and a description of how the entire self-evaluation and transition planning process was conducted. Bureau Veritas will present the Final Transition Plan to the City at a scheduled meeting. Along with the Transition Plan and a summary, Bureau Veritas will prepare a PowerPoint presentation that will explain how the Transition Plan was formed, the choices which were made with respect to accessibility solutions, the manner in which budget decisions were made, and the benefits that the
implementation of the Transition Plan will bring to the City.

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19 Deliverables
The deliverables are:
• Facility ADA Assessments- individual facility reports • Public Rights-of-way Assessments- individual rights-ofway reports • Program Access and Policy Review - Optional
• Public Outreach Meetings (2) and Public Survey
• Transition Plan
The facility assessment and program assessment reports are provided in electronic format and are typically represented in three formats:
• Word® document converted to an Adobe PDF, with
photographic images of barriers and GPS positioning of
exterior barriers.
• Excel® spreadsheet with code references, existing
conditions, barrier resolution, and cost data.
• Cloud-based database ADA AssetCALC™.

Bureau Veritas will provide an ADA report for each facility assessment with a description of each barrier observed
and recorded, and will define the location, recorded
measurements, barrier description, applicable ADAAG/
state/local code reference, viable corrective action, priority, and order of magnitude (pre-planning level) cost estimate of repair. Color photographs of each barrier are included with the barrier record. Barriers will be identified and presented by individual facility. Each report will include an executive summary, including a summary cost table identifying the estimated cost to correct each facility.

The Public Rights-of-Way (PROW) reports will be provided with all of the collected and derived data in a spreadsheet format compatible with Microsoft Excel and as a file
geodatabase that is compatible with GIS products. The
PROW data is separated into two primary data sets; the
Segment Data that contains surface information, and the Feature Data.

Line data and point data can be spatially displayed via the GPS information recorded for the stations and features they contain. Segment Summary data is a table of information about each segment that is derived from the collected data.

Feature data is separated into three different tables. The first is the spatial feature summary that contains the spatial location and type information for each feature collected.

The second feature is a table created for each individual feature type collected contain the specific attribute data for that feature type. The third table is the compliance table that derives the compliance of each feature based on a series of queries comparing the collected data and the minimum
requirements of the Draft Guidelines for Pedestrian Facilities in the Public Right-of-Way (PROWAG). Both the feature
data and compliance data can be joined or related to the spatial feature summary table via a unique ID that the PROW software generates.

Bureau Veritas will use our web-based database, ADA
AssetCALC™ for the facility assessments, and for components of the Transition Plan. ADA AssetCALC™ will provide the City with the ability to generate cost tables for all facilities, or for each individual facility. Similar types of barriers can be queried within the ADA AssetCALC™ database across all
facilities, with the resulting ability to improve purchasing and contracting power. Barriers can be ranked by priority for removal. Photos will be uploaded to ADA AssetCALC™ to be viewed as a photo log or individually, when reviewing a specific barrier. Bureau Veritas will provide a Transition Plan, which will include the program access report, presented in a Word document converted to an Adobe PDF, with the data
exportable to an Excel format. Bureau Veritas will provide an electronic draft of the reports for review, including text, tables, digital photos, field notes, and supporting documentation.

Final reports will be provided after all City comments have been addressed.

Data Management Solution - ADA
AssetCALC™ Software
Bureau Veritas is providing access, at no additional charge, to ADA AssetCALC™ for a period of one year. This platform streamlines the Capital Planning and ADA Transition Planning process by compiling funding requirements for barriers and creating budget models based on project priority, life cycle maintenance, and repair requirements.

The City is not required to utilize this software as we will provide hardcopy reports and we can export the data to
Excel and Word formats. We have included ADA AssetCALC™ licenses for two (2) years with unlimited users. After the initial year, the annual license fee will be $3,500.

ADA AssetCALC™ is a web-based SQL database platform
that enables users to query, edit, and analyze their facility accessibility and condition data to plan immediate and
short-term barrier repairs, and budget capital expenditures throughout the lifecycle of a single building or an entire portfolio. The system unites Bureau Veritas’ experienced field data collection methods with advanced planning and reporting tools, construction cost library, location mapping features, digital photo management, and document storage.

ADA AssetCALC™ will provide the City with the ability to list, prioritize, query, and track deficiencies recorded through the Self-Assessment Process. It is easy to use, and populated with accessibility requirements pertinent to the City. Bureau Veritas recognizes that budgets change and the Transition Plan must be able to account for unplanned occurrences.

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20 ADA AssetCALC™ provides a process to complete work on those barriers that have been corrected over time. Reports can be queried instantaneously to reflect the barriers
corrected. ADA AssetCALC™ provides the ability to track progress over time.

Prior to populating the database, Bureau Veritas will work with the City to establish required attributes and data points associated with each asset. This will include a discussion of the relative priority of the asset requiring barrier removal.

This will include all City physical assets and will be grouped in a hierarchy based on site location, asset group, and function.

Bureau Veritas will utilize ADA AssetCALC™ to track physical accessibility needs associated with the Implementation/ Transition Plan. The database contains a capital planning and transition planning module in which accessibility
construction projects may be established, including barrier removal priorities. It will provide the City with a consolidated database of capital projects related to barrier removal.

Capabilities of ADA AssetCALC™ include, but are not limited to:
• Microsoft.net web-enabled software
• Customizable fields, groupings, and reporting
• Reports, charts and graphs to forecast capital needs for individual buildings and construction projects
• Progress reports and tracking of the corrective measure progress
• Capital budget planning tools to assign and track
progress over fiscal years
• Corrective action work completed/progress complete
• Access to the observed site conditions of barriers with photographs and GPS positions of exterior barriers
• Updateable cost library makes budgets more accurate
over time
• Customizable priority framework and search tools to
help decision makers
• Export tools to take data to other applications, including Microsoft Excel
• Repository for storing and searching documents related to buildings and component
• ADA compliance library to plan and track accessibility improvements
• Administrative tools for managing user access
ADA AssetCALC™‘ reporting can include GPS coordinates for locations of each exterior barrier on a satellite map. Bureau Veritas, in conjunction with Google Earth imaging, provides the most recent satellite mapping. Each exterior barrier is indicated by its own GPS marker.

Additional screenshots and a live demonstration are
available upon request.

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21 Observation Input / Barrier Detail Screen

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22 Interactive GPS map with numbered icons
Work Completed/Verified Report

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23 Barrier ID Type
Barrier
PriorityDetail GPS Lat/
Long
Location
Desc Ref. # Quantity Cost Unit Total
59893
Building
EntranceDoors1
The
maneuvering
clearance at
the entry door
is not
compliant

34.603538
-118.153558
Main
building
entrance
CBC
Chap
11B404.2
1 1750 EA 1,750
59867
Bathrooms/
Bathing
Rooms/
Shower
RoomsSinage
3 The women's
restroom does
not have
compliant
signage at the
door
Women's
public
restroom
CBC
216.2,
703.1,
703.2,
703.5
1 110 EA $ 110
ADA AssetCALC Summary Cost Table
The ADA AssetCALC™ cost estimating database is based on RS Means data and further customized with proprietary cost tables developed by Bureau Veritas, based on historical and localized actual costs. Bureau Veritas maintains and updates the cost estimating system with information received from the field. Through ADA project management and construction monitoring work, Bureau Veritas has current cost data from hundreds of in-progress construction and rehabilitation projects. This data allows Bureau Veritas to calculate costs based on local conditions to maintain a cost database that is typically more current than RS Means’ models.

Typically, barrier removal planning level cost estimates are based upon the removal of the specific element, for example, a parking stall or curb ramp. In some site-specific instances, barrier removal may affect an area beyond the specific
location of the barrier. Grading plans based on field surveys using land surveyor instrumentation, or architectural plans requiring wall relocation could result in significantly different material quantities and subsequent higher project costs.

The database contains standardized order of magnitude
cost estimates for barrier removal for use in prioritizing the work in the Transition Plan. At the implementation stage, it is anticipated a detailed specification will be prepared and bids will be generated to establish planning level costs.

ADA AssetCALC™ cost estimates are pre-planning level,
order of magnitude barrier removal cost estimates. Cost tables, similar to the ones detailed in the table below, will be provided for each facility/site.

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24 Schedule
Our proposed schedule for the services for the City's ADA Self Evaluation Report and Transition Plan is included below. This schedule is open to negotiation.

ID Task Name Start
1 Finalize Contract and Notice to Proceed Mon 7/10/23
2 Program Planning / Scheduling Mon 7/10/23
3 Kickoff Meeting with Maywood Staff Mon 7/17/23
4 Progress Meetings / Updates Mon 9/19/22
12 Self Evaluation Assessments - PROW / Facilities / Parks Tue 7/18/23 13 Team 1 - Facilities Assessments Tue 7/18/23
14 Team 1 - PROW Surveys Tue 7/18/23
15 Self Evaluation Reports - Facilities / Parks / PROW Thu 7/27/23 16 Draft Reports and Costs to Maywood Staff (Rolling Delivery) Thu 7/27/23 17 Prioritization and Costing, GIS Thu 8/10/23
18 City Staff Review of Facility Data and Costs Thu 7/27/23 19 City Staff Review of PROW Data and Costs Thu 8/17/23 20 Programs / Policy Review - Stakeholder Outreach Tue 7/25/23 21 Surveys to Departments Tue 7/25/23
22 Policy / Program Review / Web Review Thu 8/3/23
23 Review Staff Surveys Thu 8/17/23
24 Staff Webinar on ADA Program Findings Mon 8/21/23
25 Prepare Report on Program / Policy Review Tue 8/22/23 26 Maywood Staff Review of Programs Report Wed 8/30/23
27 Transition Plans (Facilities & PROW) Wed 9/20/23
28 Priority Development Meeting Wed 9/20/23
29 First Draft - Transition Plan Submission Thu 9/21/23 30 Maywood Staff Review of First Draft - Transition Plan Mon 10/2/23 31 Public Outreach - Draft Transition Plan Fri 10/6/23
32 Second Draft - Final Transition Plan Submission Mon 10/9/23 33 Maywood Staff Review of Second Draft - Transition Plan Mon 10/16/23 34 Final Transition Plan Revisions Mon 10/23/23
35 Final Transition Plan Presentation to Maywood Fri 11/3/23 36 ADA AssetCALC Software Training Fri 11/3/23
37 Public Outreach - Final Transition Plan Review (TBD) Fri 11/10/23 7/10
7/17
8/21
9/20
10/6
11/3
11/3
11/10
6/25 7/2 7/9 7/16 7/23 7/30 8/6 8/13 8/20 8/27 9/3 9/10 9/17 9/24 10/1 10/8 10/15 10/22 10/29 11/5 11/12 11/19 July August September October November
Task
Split
Milestone
Summary
Project Summary
External Tasks
External MileTask
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
Progress
Split

Page 1 ends

Project: City of Maywood
Date: Mon 5/27/24

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CITY OF MAYWOOD

REQUEST FOR PROPOSALSVTO PROVIDE PROFESSIONAL SERVICES

FOR THE PREPARATION OF ADA SELF EVALUATION REPORT AND

TRANSITION PLAN

COST PROPOSAL
May 28, 2024o.

RFP Name
BUREAU VERITAS | ERIK PILLER
220 TECHNOLOGY DRIVE, IRVINE CA 92618
P 800.733.0660 | [email protected]

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COST PROPOSAL
The following fees include all costs associated with travel, lodging, car rental, food, tools, equipment, and all other miscellaneous expenses applicable to the work related to this project.

SERVICES FEE (Fixed Price)
Program Management $8,480.00
ADA Title II Survey & Individual Reports
Facility Surveys
Park Surveys
Facility Reports
Park Reports
$26,386.63
$7,336.00
$3,395.63
$8,985.00
$6,670.00
Transition Plan $17,280.00
Public Rights-of-Way Survey/Reporting $53,370.80
Program and Policy Review $9,560.00
Public Outreach Meetings (2) and Council Meeting $6,240.00 Other
Website Review
CAD Diagrams
$15,700.00
$9,980.00
$5,720.00
TOTAL $137,017.43

HOURLY RATES
Team Role Hourly Rate ($)
Project Executive $190.00
Program Manager $140.00
Project Manager I (PE/RA) $120.00
Project Manager II (PE/RA) $130.00
Quality Control Manager $135.00
Technical Report Reviewer $115.00
Administrative $80.00
BV will submit a monthly invoice inclusive of all services performed during that period. The per site fee will be established per the schedule of values provided at the program kick-off, and invoiced at the billing milestones stated below. Invoices will be payable within 30 days of receipt:

Completion of onsite assessments: 50% of per site fee
Delivery of Draft Reports: 45% of per site fee
Delivery of Final Reports: 5% of per site fee
Upon receipt of each monthly invoice, the amount due per billing milestone is fully collectible. Please forward payments to: Accounting Department, Bureau Veritas Technical Assessments LLC, PO Box 74007289, Chicago, IL 60674-7289 or contact [email protected] to pay via credit card or to receive wiring instructions. Please ensure that BV Proposal #168909.24P or invoice number is clearly identified on all payments and correspondence for proper credit.

Please submit all draft comments to BV within 60 days of draft delivery. Unless otherwise communicated, BV will consider all drafts approved for finalization after 60 days, and the remaining balance due will be invoiced.

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AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 22.

DATE: June 26, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: STEVE FOWLER, DIRECTOR OF BUILDING AND PLANNING
SUBJECT: CITY COUNCIL APPOINTMENT OF A MEMBER TO THE MAYWOOD PLANNING

COMMISSION
RECOMMENDATION:

Staff recommends that the City Council consider the appointment of an applicant to fill Seat Number 1 of the Planning Commission which expired on April 19, 2024 for a 4-year-term.

BACKGROUND:

The Planning Commission is a five-member body, appointed by the City Council, that reviews and acts on matters related to planning, land use development and community development in general. The Planning Commission has an essential role in the planning process by acting as an advisory body to the City Council on all Planning and development issues as well as functions as the decision-making body for a number of planning proposals.

Duties of the Planning Commission include but are not limited to holding public hearings and meetings; reviewing the General Plan; reviewing and recommending zoning code regulations; reviewing subdivision maps; and taking action on variances, conditional use permits, and special use permits.

The term of the existing Commissioner, Seat No. 1, expired on April 19, 2024. In May 2024, the City began to accept applications. The Maywood Municipal Code Title 9 (Planning and Zoning) Chapter 1 (Planning Commission) Section 9-1.02 (Membership and qualifications) requires that the members of the Planning Commission must, at the time of their application and throughout their term, be residents of the City or otherwise be employed in the City of Maywood. The application period closed on June 7, 2024, with four applications received.

DISCUSSION:

As stated above, the City received four applications. Staff reviewed the applications and determined that the applicants are residents or are otherwise employed in Maywood. The City Council can either appoint an individual or request that staff re-advertise the Planning Commission opening.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

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The Planning Commissioner's stipend is $50.00 per month. No additional budget appropriation is needed.

ATTACHMENT(S)

1. Planning-Commission-Application - Mayra Gonzalez

2. Planning Commission Application - Raul Rodriguez

3. Planning Commission Application - Oscar Cabrales

4. Planning Commission Application - Miguel Casillas

Page 482 of 621 ends

City of Maywood Planning Commission
The City of Maywood has established the Planning Commission which is comprised of residents ĂŶĚ ĞŵƉůŽǇĞĞƐ ŝŶ ƚŚĞ ŝƚǇ who volunteer their time to review and act on matters related to planning and development. Members of the Commission serve at ƚŚĞ will and at the pleasure of the City Council. Besides a willingness to serve, there is no formal background requirement; however, it would be desirable for applicants to have experience in planning, land use, andͬŽƌ architecture. The Maywood Planning Commission consists of five members appointed by the City Council to serve four-year terms. There currently are no term limits.

Application Process
To apply, you must complete and submit a Commission Application Packet. ϭ͘ Those interested in applying for appointment to the Planning Commission may obtain an Application from the ŝƚǇ,Ăůů, 4319

͘ Slauson Ave., Maywood, or by downloading from the City’s web site: www.cityofmaywood.org.

Ϯ͘ Completed applications must be submitted ƚŽŝƚǇ,Ăůů in person, by mail delivery, or electronicallyƚŽ ĚĂŝƐǇ͘ŐƵĞƌƌĞƌŽΛĐŝƚǇŽĨŵĂǇǁŽŽĚ͘ŽƌŐ
ϯ͘ All requested information must be furnished on the application itself. Resumes, attachments and other supporting documentation may be included but cannot be substituted for an application form. ϰ͘ Provide three (3) references with contact information͘ ϱ͘ Applications will be kept on file for two years.

Ă͘ Applications on file will NOT be automatically included in future recruitments except as otherwise provided herein.. ď͘ The City will email notice of vacancy to persons with applications on file.

Đ͘ Persons with applications on file wishing to be considered for appointment to vacancy(ies) occurring after the initial recruitment, must notify the City in writing during the recruitment period and prior to the advertised application deadline.

Ě͘ It is the applicant’s responsibility to ensure their application is current and updated prior to each recruitment.

Eligibility

1. Applicants must meet all requirements of the Commission at the time their application is submitted as well as during their entire term of service (i.e. resident of the City or employed in the City, etc.).

2. Applicants shall be considered ineligible to serve on the Commission if the applicant’s relative(s) is employed by the City in the same department serving as liaison to the Planning Commission.

COMMISSION APPLICATION PACKET
PLANNING COMMISSION (4-YEAR TERM)
Meets 3rd Tuesday (as needed), Council Chamber, 4319 E. Slauson Ave. – 7:00 p.m. x General Eligibility Requirements: An applicant must be a resident of, or employed within the incorporated limits of the City of Maywood for the entire term of office. (MMC §9-1.02) x Must be Ăregistered voteƌ
x Planning CommissionĞƌƐ must submit annual conflict of interest statements and are required to satisfy a biennial ethics training requirement.

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Disclosure and Regulatory Requirements and Non-Compliance Conflict of Interest Disclosure
In compliance with state law, appointed officials are required to file a Statement of Economic Interests with the Fair Political Practices Commission upon appointment to office, and annually thereafter. If appointed, you may be required to make information publicly available regarding your personal finances. This information is used to assess whether there is any potential conflict of interest between your financial interests and the decisions you make as a public official.

Disclosure and Regulatory Requirements and Non-Compliance Mandatory Ethics Training (Government Code §53234, et seq.) Following California State Law, commission members are required to satisfy the local ethics training requirements mandated by Government Code Section 53234 et. seg. Commonly known as “AB1234”Ethics Training. AB1234 requires two hours of ethics training within one year of appointment. This training is valid for two years and must be retaken every two years. The State has an online ethics-training program which may be completed from ay computer with internet access. The training may be completed all at once, or in smaller increments, as the program keeps track of your time every time you sign on.

Brown Act (Government Code §54950, et seq.)
The Planning Commission is subject to the Brown Act and each member must abide with the Brown Act’s various provisions.

Commission members are required to attend a City-held Brown Act training within one year of appointment and every two-years thereafter.

Public Records Act (Government Code §6250-6276.48.)
This application qualifies as a public record and all information furnished on the application itself and any supporting documents attached hereto will be treated as a public record.

Attendance (MMC §9-1.05 Meetings/Absences)
Commission members are required to attend meetings on a regular basis. If a member does not attend any three regularly scheduled meetings within any calendar year, the member automatically forfeits the position and is removed from the Commission without any further action by the City Council.

Non-Compliance with Requirements
City of Maywood Commission members not in compliance with the required State law disclosure and regulatory requirements, which include a current AB1234 Ethics Training certificate, conflict of interest disclosure statements and attendance of a City held Brown Act training, will be suspended from participating in meetings until compliance is re-established.

CONTACT INFORMATION

CITY OF MAYWOOD PLANNING COMMISSION

MAYWOOD CITY HALL
Department of Planning and Building
4319 E. Slauson Ave.

Maywood, CA 90270
Office: (323) 562-5723
Maywood City Web Site: www.cityofmaywood.org

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4319 E. Slauson Ave., Maywood, CA 90270 • Telephone (323) 562-5700 • Fax (323) 773-2806 Instructions (Please Type or Print Clearly)
All requested information must be furnished on the Application itself. Resumes, attachments and other supporting documentation cannot be substituted for an Application form. It is important that you answer all questions on your Application fully and accurately. If additional space is needed to answer questions, attach additional sheets.

Completed Applications should be returned to the City ,Ăůů, 4319 E. Slauson Ave., Maywood, CA 90270 ŽƌďǇĞŵĂŝůƚŽ ĚĂŝƐǇ͘ŐƵĞƌƌĞƌŽΛĐŝƚǇŽĨŵĂǇǁŽŽĚ͘ŽƌŐ Information Sheet

1. Please confirm that you are applying for a Planning Commission seat: Yes No

2. Have you ever served on the City of Maywood Planning Commission or been employed by the City? Yes No If yes, in what capacity and when (months/years)

3. Name: ______________ (Last) _________________________________ (First) __________________________ (Middle)

4. Residential Address:

5. Phone Number: Email:

6. Are you a registered voter in the City of Maywood? Yes No

7. Do you currently reside within the incorporated City limits? Yes No

8. Do you currently work within the incorporated City limits? Yes No

9. Occupation and Place of Employment:

10. Do you have any relatives currently working for the City of Maywood? Yes No If Yes, please list name(s) and relationship:

11. List Community/Professional Organizations in which you hold active membership(s). In addition, please list any positions of responsibility held:

Date Stamp Received

APPLICATION FOR PLANNING COMMISSIONER
City of Maywood
Submittal Requirements (Completed Application must contain the following) Completed, signed Application Three (3) references with contact information Resumé Mayra G
E 52nd St Maywood Ca 90270
@gmail.com
Psychiatric Social worker, LA county, Commerce CA
Currently hold a macro level position in which the primary role is to work with goverment organization, various cities, religious organizations and small business to work together to promote and increase mental health awareness but my work as a community member and social worker has allowed me to gain knowledge regarding community needs. ✔
✔
✔
✔
✔
✔
Gonzalez

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12. Please state the reasons you are interested in being a member of the Planning Commission:

13. Please state your reasons as to why your background and/or experience makes you a suitable candidate for appointment to this position:

14. Please briefly express your views regarding current and future development in Maywood:

15. References (Provide the names and contact information for three (3) individuals who we can contact)

1. Home Number:
(Name)
Cell Number:

2. Home Number:
(Name)
Cell Number:

3. Home Number:
(Name)
Cell Number:

I would like to take part in decision making as it pertains to the community. It would allow to use my voice to represent community members .

My current position has allowed me to gain knowledge and increase my awareness regarding community needs in the overall community. And as a social worker for nearly 10 yrs i have knowledge regarding community needs and values and would like to increase awareness and voice my opinion in regards to the city in which i own a home and live in.

I would like to see improved innovation and accessability to additional community resources.

Increase in safe spaces and family friendly spaces.

Darlene Jackson (previous supervisor)
Carlos Gonzalez (current supervisor)
Erika Corral (lead clinician)

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DISCLOSURE AND REGULATORY REQUIREMENTS
Conflict of Interest Disclosure – In compliance with state law, appointed officials may be required to file a Statement of Economic Interests upon appointment to office, and annually thereafter.

I, acknowledge, that if appointed, I am required to make information available as to any potential conflict of interest arising from my business/affiliations where that affiliation or business may be doing business with the City of Maywood, or any decisions taken by the City of Maywood that may influence that business or affiliation as well as provide other information as required by the California State Fair Political Practices Commission. The City will provide appointees with the filing form and instructions. _______
Initials
Attendance (MMC §9-1.05) – Commission members are required to attend meetings on a regular basis, and are automatically removed if a member does not attend three regularly scheduled meetings within any calendar year. _______
Initials
Mandatory Ethics Training (Government Code §53234) – In compliance with state law, if appointed, I agree to complete an approved AB1234 Ethics Training seminar within one year of appointment and agree to maintain my compliance throughout my entire term in office.
_______
Initials
I, the undersigned, certify that the foregoing information is true and correct and that I am sincerely interested in serving in this position for the City of Maywood. Furthermore, I, the undersigned, acknowledge that this application qualifies as a public record and that all information furnished on the application itself and any supporting documents attached hereto will be treated as a public record and I, therefore, waive any perceived rights to privacy of the information furnished.

Applicant’s Signature Date

FOR INTERNAL USE ONLY
Meets Minimum Requirements: _ Yes _ No Residency and/or Employment Verified: __ _ Yes _ No Application Active Until: _ _ _ _ _ _
Mayra Gonzalez
mg
mg
mg
06/07/2024

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AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 23.

DATE: June 26, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: KAREN INIGUEZ, COMMUNITY DEVELOPMENT ANALYST

STEVE FOWLER, DIRECTOR OF BUILDING AND PLANNING
SUBJECT: CONSIDERATION OF APPROVAL FOR ISSUANCE OF A SPECIAL EVENT PERMIT TO IGLESIA BOTANIA, LOCATED AT 5000 SLAUSON AVENUE (SPEAKER

ANTHONY RENDON RIVERFRONT PARK) FOR A TOY GIVEAWAY DRIVE AND

CONDITIONS OF APPROVAL AS RECOMMENDED IN THIS REPORT
RECOMMENDATION:

Staff recommends that the City Council consider a request for the issuance of a special event permit for a Toy Giveaway Drive event at Speaker Anthony Rendon Riverfront Park, located at 5000 Slauson Avenue, find that the application meets the criteria set forth in Section 5-15-04(j), and approve the special event permit subject to the conditions of approval as set forth in the agenda report.

BACKGROUND:

The Iglesia Betania (the applicant) is requesting approval to host a Toy Giveaway Drive event for the community at Speaker Anthony Rendon Riverfront Park. The event will include live music and toy giveaways.

Section 5-15.02 of the Maywood Municipal Code requires City Council approval of a Special Event Permit to issue permits for an organized assemblage of seventy-five (75) or more persons at any public place, property, or facility which is to gather for a common purpose under the direction or control of a person. The event is expecting 300 attendees during the event.

DISCUSSION:

The event is proposed to take place at Speaker Anthohy Rendon Riverfront Park on Saturday, July 6, 2024, from 8:00 a.m. to 6:00 p.m., including setting up and tearing down. Parking is limited, and the surrounding neighborhood will experience an increase in congestion during the day of the event.

The applicant will be providing approximately four 10' by 10' canopies to provide shade for the volunteers' of the toys and bikes giveaway across from the shade structure, and have an area for a sound system. The applicant has not indicated security for the event grounds and no City staff will be required for the event. The applicant will provide the required general liability insurance and name the City as an additional insured on the policy.

Staff has provided the recommended conditions of approval as follows:
• The site must be in full compliance with the approved plan(s) including but not limited to the location of generators, canopies, and sound system.
• All Health Department approvals required for any serving of food shall be obtained not less than two

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days prior to the start of the event.
• Provide the required liability insurance in the amounts and form approved by the City's Risk Manager and name the City as an additional insured. Applicant must submit evidence of coverage at least seven days prior to the event.
• Amplified sound system is only to be used until 6:00 p.m. as listed in the application. • The sale and/or consumption of alcoholic beverages on the subject property is prohibited at all times. • Generators and other internal combustion power sources shall be separated from tents or structures by not less than 20 feet and shall be isolated (e.g. protected by physical barriers such as fencing, enclosure, or other approved means) from contact with the public. • The Director of Building and Planning is authorized to impose any other conditions either prior or during the event in order to safeguard the public health, safety and welfare of the participants and the community. In such case, the Director shall provide the applicant with the conditions in writing.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

The City would receive $194 in license and temporary use fees per application.

ATTACHMENT(S)

1. Special Event Permit

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AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 24.

DATE: June 26, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: RIMO HANSON, FINANCE DIRECTOR

RAUL HERRERA, SENIOR ACCOUNTANT
SUBJECT: CONSIDERATION TO APPROVE RESOLUTION NO. 6359, ADOPTING THE FISCAL YEAR 2024-2025 OPERATING BUDGET FOR THE CITY OF MAYWOOD RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 6359, adopting the fiscal year 2024-2025 Operating Budget, which includes the General Fund and Special Revenue Funds.

BACKGROUND:

The City held a budget study session on May 22, 2024, to provide further directions on the draft budget. After the study session, the City Manager, Department Directors, Division Supervisors and Finance staff met for a final review.

DISCUSSION:

Following the final review by staff, adjustments were made and such adjustments are explained further in the summaries below. These summaries also include a breakdown of the expenditures being proposed for the City's Operating Budget. Comprehensive booklets will be completed and distributed after the City Council adopts the Operating Budget.

General Fund (100) Revenues
Total General Fund(100) revenues for FY 2024-2025 are estimated to be $13,194,145, which includes the Transfers-In from Successor's Agency and Supplemental Law Enforcement Services totaling $495,705. See Attachment 2 and 3 for General Fund Revenues by Category and Revenue details.

General Fund (100) Expenditures
General Fund proposed expenditures were revised to $12,805,707, which is an increase of $70,185 from the Budget presented at the Study Session. There were some adjustments made to the non-personnel services in various departments. The major increases were: 1) Human Resources division increased by $17,400: $30,000 Public Insurance, Employee Recruitment Services by $4,057 and $13,000 to implement a Three-Year Emergency Operations Plan Development Program; A decrease in legal services of $(30,000); 2) Building and Planning Department overall increased by $30,035, mainly due to an increase in contractual services. See Attachment 4 and 5 for General Fund details and Summary.

Local Fiscal Recovery Fund (273)
The Local Fiscal Recovery Fund (273) proposed expenditures decreased by $(479,758). This is mainly due to

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the YMCA Resilency Center Project of $(500,000) is removed until grant approval. However, the City Hall Window Replacement Project was increased by $20,000 to include replacement of windows within the former Maywood Police jail. This area was not originally part of the proposed budget. See Attachment 6 for detailed expenditures.

Pension Retirees Fund (711)
Pension Retirees Fund (711) proposed expenditures increased by $192,113. The increase is to reflect the total due to CalPERS' Accrued Unfunded Liability for Safety and Miscellaneous. See Attachment 6 for detailed expenditures.

Special Revenue Funds
The Special Revenue Funds proposed budget for FY 2024-25 was revised to include Measure A, the Los Angeles County Park Grant Fund and various project adjustments. These adjustments are included in Attachment 7 and 8 for Special Revenue Funds details.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

The City Council is asked to adopt a budget of All City Funds for FY 2024-2025 as follows: Appropriations of $42,852,834 and Estimated Revenues of $39,718,429. The FY 2024-2025 proposed City budget includes General Fund (100) Appropriations of $12,805,707 and estimated Revenues of $13,194,145, resulting in a surplus of $388,438.

The fiscal impact of the proposed FY 2024-2025 budget for all funds are summarized in Attachment 2-9 to the Resolution No. 6359.

Below is the summary of estimated fund balances for the General Funds, Local Fiscal Recovery Fund, Pension Retirees Fund, and Combined Special Revenue Funds.

General Fund(100) Estimated Fund
Balance
Estimated FY 2024-
25 Fund Balance
Estimated Beginning Fund Balance
July 1, 2024
$ 11,451,289
Revenue 12,698,440
Expenditure 12,805,707
Transfers-In 495,705
Change in Fund Balance 388,438
Ending Fund Balance at June 30, 2025 $ 11,839,727
Local Fiscal Recovery Fund (273) Estimated
Fund Balance
Estimated FY 2024-2025
Fund Balance
Estimated Beginning Fund Balance July 1, 2024 $ 5,788,437 Expenditure 1,745,636

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Ending Fund Balance at June 30, 2025 $ 4,042,801
Pension Retirees Fund (711) Estimated Fund
Balance
Estimated FY 2024-2025
Fund Balance
Estimated Beginning Fund Balance July 1, 2024 $ 250,393 Retirees Pension Levy Revenue 1,300,000
Pension Obligation Expenses 1,463,435
Ending Fund Balance at June 30, 2025 $ 86,958
Combined Special Revenue Funds Estimated
Fund Balance
Estimated FY
2024-2025 Fund
Balance
Estimated Beginning Fund Balance July 1, 2024 $ 9,320,444 Revenue 25,224,284
Expenditure 26,388,056
Net Transfers Out 450,000
Change in Fund Balance (1,613,772)
Ending Fund Balance at June 30, 2025 $ 7,706,672

ATTACHMENT(S)

1. Attachment 1-Resolution No. 6359 Operating Budget

2. Attachment 2-General Fund Revenues by Category FY 2024-2025

3. Attachment 3-General Fund (100) Proposed Revenues Detail FY 2024-2025

4. Attachment 4-General Fund Expenditures by Dept FY 2024-25

5. Attachment 5- General Fund Estimated Fund Balance at 6-30-25

6. Attachment 6-Proposed Budget FY 2024-25 Local Fiscal Recovery Fund and Pension Retirees Fund

7. Attachment 7-FY 2024-25 Special Revenue Fund Summary

8. Attachment 8- Special Revenue Funds Detail

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Attachment 1
RESOLUTION NO. 6359

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MAYWOOD ADOPTING THE FISCAL YEAR 2024-2025

OPERATINGBUDGET
WHEREAS, the City Manager and the Finance Staff have prepared and submitted to the City Council the proposed budget for Fiscal Year 2024-2025 (FY24-25), which commences July 1, 2024 and ends on June 30, 2025; and WHEREAS, on May 22, 2024 the City Council conducted budget study session to provide an opportunity to the public to comment on the proposed budget for FY 24-25; and
WHEREAS, the City Council has reviewed the proposed FY24-25 budget; and WHEREAS, the City Council has determined it necessary for efficient management of the City to appropriate certain sums in various departments for various City activities.

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

Section 1. The Fiscal Year 2024-2025 Operating Budget is described in Attachment 2 through Attachment 8, to the Staff Report of June 26, 2024 (collectively "Budget Attachments"). The Budget Attachments are hereby incorporated in full as if set forth herein.

Section 2. The City Council hereby adopts the 2024-2025 Operating Budget as described and in the amounts set forth in Budget Attachments. The General Fund (100) Expenditures for Fiscal Year 2024-2025 shall not exceed $12,805,707, Local Fiscal Recovery Fund (273) Expenditures for Fiscal Year 2024-2025 shall not exceed $1,745,636, Pension Retirees Fund (711) Expenditures for Fiscal Year 2024-2025 shall not exceed $1,463,435 and the Fiscal Year 2024-2025 Special Revenue Funds Expenditures shall not exceed $26,838,056.

Section 3. The funds are hereby appropriated to the respective accounts for expenditure in Fiscal Year 2024- 2025 as set forth in the Budget Attachments.

Section 4. The operating expenditures and estimated revenues are set forth in the Attachment 2-9 to this resolution.

Section 5. The City Clerk shall certify the adoption of this resolution and shall keep a copy of this resolution and the Budget Attachments as the Fiscal Year 2024-2025 budget on file, and effective as of July 1, 2024.

PASSED, APPROVED AND ADOPTED THIS 26th day of June, 2024.

Eddie De La Riva, Mayor
ATTEST: APPROVED AS TO FORM:

Brian E. Juarez, City Clerk Roxanne Diaz, City Attorney

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STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF MAYWOOD )
I, Brian Juarez, City Clerk of the City Council of the City of Maywood, do hereby certify that foregoing Resolution No. 6359 was duly passed and adopted by the City Council of the City of Maywood, at a regular meeting of the City Council held on the 26th day of June, 2024 by the following roll call vote, to wit:

AYES:

NAYES:

ABSENT:

ABSTAINED:

Brian Juarez, City Clerk

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City of Maywood Attachment 2
General Fund (100) Proposed Revenues
General Fund
FY 2024-2025
Proposed
Revenue
Taxes:

Franchise Fee 260,000 $
Property Tax 274,000
Property Tax-Successor Agency's Passthrough & Residual 438,400 Utility Users Tax 1,400,000
Property Transfer Tax 16,000
Transient Occupancy Tax 105,000
Cannabis Sales Tax 1,750,000
Sales & UseTax 2,335,200
Prop 172: Public Safety Sales Tax 101,600
Total Taxes $ 6,680,200
Licenses & Permits:

Misc Temporary Use Permits $ 7,000
Public Works Permit Fees 150,000
Other Fees & Permits (Plumbing/Electrical/Mechanical) 14,000 Occupancy Permits 600
Building Permits 50,000
Cannabis Renewal Fees 74,200
Parking Permits 63,000
Apartment License 20,000
Business License 242,000
SB 1186 License Fee & Use for Construction 4,900
Tobacco Retailer Lic/Garage Sale Permits/Conditional/Land Use Permit 6,800
Vehicle License Fee - LA County 3,639,500
Vehicle License Fees Excess 31,000
Fireworks Application Fee/Sales 200
Total Licenses and Permits $ 4,303,200
Charges for Services:

All Other Charges for Services $ 2,600
Collector Fee (Waste Mgmnt Fee) 310,000
Plan Check Fees 58,000
Leases & Concessions 88,000
Total Charges for Services $ 458,600
Fiscal Year 2024-2025 General Fund (100) Proposed Revenues By Category

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City of Maywood Attachment 2
General Fund (100) Proposed Revenues
General Fund
FY 2024-2025
Proposed
Revenue
Fiscal Year 2024-2025 General Fund (100) Proposed Revenues By Category Fines and Forfeitures:

Penalties: Apt & Bus License $ 9,000
SEMC: Court Collections (DMV) 220,000
Administrative Citations 5,000
Parking Citations 412,000
Total Fines and Forfeitures $ 646,000
Miscellaneous:

Interest Income $ 475,000
Miscellaneous Revenue 10,000
Refunds & Reimbursements 10,400
Donations 50,000
Compliance Program 45,000
Good Corporate Citizen Prog 20,000
Total Miscellaneous Revenues $ 610,400
Transfers In $ 495,700
Total General Fund (100) Proposed Revenues $ 13,194,100

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City of Maywood Attachment 3
FY 2024-2025 General Fund (100) Proposed Revenues Detail Fund
General
Ledger Code Acct Description
R
e
v
FY 2024-2025
Proposed
Revenue
100 4101/4103 Property Tax - Secured 264,559 $
100 4102 Property Tax - Unsecured 8,163
100 4105 Property Tax: Successor's Agency Residual 338,400 100 4106 Property Tax - Homeowners Exemption 1,300
100 4107 Motor Vehicle License Fee (VLF) 3,639,513
100 4109 Peoperty Tax: Successor's Agency Pass Through Pymt 100,000 100 4110 Vehicle License Fees Excess - State of California 31,000 100 4201 Sales and Tax Use Revenue 2,335,201
100 4202 Transient Occupancy -Tax (TOT) 105,000
100 4203 Franchise Tax 260,000
100 4205 Business License Tax 240,000
100 4206 Real Estate Transfer Tax 16,000
100 4207 Prop 172: Public Safety Sales Tax 101,600
100 4211 Utility Users Tax 1,400,000
100 4212 Cannabis Sales Tax 1,750,000
100 4301 Compliance Program Fee 45,000
100 4302 Collector Fee 310,000
100 4303 SB 1186 License Fee and Use for Construction 4,900 100 4304 License Processing Fee 2,000
100 4305 Public Works Permit Fee 150,000
100 4307 Commercial Cannabis Renewal Fee 74,250
100 4308 Pre-Sale Property Report Fee 1,800
100 4309 Fireworks Application Fee/Sales 194
100 4310 Tobacco Retailer License 200
100 4311 Apartment License 20,000
100 4312 Garage Sale Pemits 3,000
100 4313 Building Permits 50,000
100 4314 Conditional / Land Use Permits 3,600
100 4315 Construction & Demolition Waste Admin Fee 750
100 4316 Plumbing Permits 4,500
100 4317 Electrical Permits 5,500
100 4318 Mechanical Permits 4,000
100 4319 Misc Building Permits 7,000
100 4320 Occupancy Permits 600
100 4322 Parking Permits 63,000
100 4401 Penalties : Apt. & Bus. Lic 9,000
100 4402 Citations: Parking 412,000
100 4403 Citations: Administrative 5,000
100 4404 Southeast Municipal Court (SEMC) - Court Collections 220,000 100 4501 Leased Property Rental Income 61,400
100 4503 Vending Machine Revenue 300
100 4702 Rents and Concessions 23,800
100 4703 Copies, Maps, Gen., Plans, etc. 10
100 4704 Plan Check Fee 58,000
100 4803 Interest Income 475,000
100 4809 Miscellaneous Revenue 10,000
100 4814 Refunds & Overpayments-Reimb. 10,000
100 4816 Rebates & Insurance Claim Pymts 400
100 4817 Good Corporate Citizen Program 20,000
100 4819 Donations 50,000
100 4850 Parks & Rec Revenue 2,500
100 4804 Transfers In-Supplemental Law Enforcement 450,000 100 4804 Transfers in - Successor Agency 45,705
$ 13,194,145
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City of Maywood Attachment 5
FY 2024-2025 General Fund (100) Estimated Fund Balance
Study Session
5-22-24
Revised
6-26-
24 2024-25 2024-25 2024-25
Projection Adjusment Projection
Estimated Beginning Fund Balance at 7/1/2024 $ 11,451,289 $ 11,451,289 Total Revenues 13,194,145 13,194,145
General Fund-Personnel
110 City Council 90,054 90,054
120 City Administration 451,127 451,127
130 City Clerk 68,191 68,191
201 Finance 550,321 550,321
301 Human Resources 311,201 311,201
302 Community Services 144,989 144,989
410 General Governmental - -
501 Building & Planning 555,200 555,200
502 Public Works 45,895 45,895
Total General Fund-Personnel Cost $ 2,216,978 $ - $ 2,216,978 General Fund-Non Personnel and CIPs Costs
110 City Council 55,900 - 55,900
120 City Administration 152,000 - 152,000
130 City Clerk 151,770 - 151,770
201 Finance 144,700 200 144,900
301 Human Resources 752,100 17,300 769,400
302 Community Services 266,800 2,000 268,800
410 General Governmental 8,046,034 10,150 8,056,184
501 Building & Planning 315,000 30,035 345,035
502 Public Works 634,240 10,500 644,740
Total General Fund-Non Personnel and CIPs
Costs $ 70,185 10,518,544 $ 10,588,729 $
Total General Fund Expenditures $ 12,735,522 $ 70,185 $ 12,805,707 Change in Fund Balance 458,623 $ 388,438 $
General Fund (100) Estimated Ending Fund
Balance at 6/30/2025 $ 11,909,912 $ 11,839,727

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City of Maywood Attachment 6
Proposed Budget FY 2024-25
Study Session
5-22-24 Revised
Local Fiscal Recovery Fund (273)
FY 2024-25
Proposed
FY 2024-25
Ajustments
FY 2024-25
Proposed
Beginning Fund Balance at 7/1/2024 $5,788,437 $5,788,437 Personnel Services $111,217 $111,217
Non-Personnel Services:

Conference/Training/Supplies $4,000 $4,000
YMCA Programs Residents-Spring 20,000 $20,000
YMCA Programs Residents-Summer 69,004 $69,004
Rent Stabilization Program Software 3DI 52,415 $52,415
Teen Resource Center Project 113,758 242 $114,000
City Yard Fence Replacement 200,000 $200,000
YMCA Resiliency Center Project 500,000 (500,000) $0
City Hall Painting Project 100,000 $100,000
Marquee Signe Replacement Project 155,000 $155,000
City Hall Window Replacement Project 250,000 20,000 $270,000 ADA Transition Plan Project 150,000 $150,000
52ND Place Sewer Replacement Project 500,000 $500,000
Total Personnel Services and Non-Personnel Costs $2,114,177 (479,758) $1,634,419 Local Fiscal Recovery Fund Estimated Fund
Balance at 6/30/25 $4,042,801
Pension Retirees Fund(711)
FY 2024-25
Proposed
FY 2024-25
Ajustments
FY 2024-25
Proposed
Beginning Fund Balance at 7/1/2024 $ 250,393 $ - $ 250,393 Retiree Pension Levy Revenue 1,300,000 - 1,300,000
Pension Obligation Costs:

OPEB GASB75 Financial Reporting Fee (15,000) (15,000)
Bank Trusee and Administrative Fees (5,000) (5,000)
2021 Pension Obligation Bond Series Expense (1,019,970) (1,019,970) CalPERS' Unfunded Liability (Miscellaneous & Safety) (231,352) (192,113) (423,465) Total Proposed Expenditures FY 2024-25 (1,271,322) (192,113) (1,463,435) Total Estimated Fund Balance at 6/30/25 $ 86,958
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City of Maywood Attachment 7
Special Revenue Funds: FY 2024-25 Proposed Budget and Estimated Year-End Fund Balance Revised Aftr Study
Session on 5/22/24
Fund Fund Description
Estimated Fund
Balance at
7/1/2024
FY 2024-25
Proposed
Revenues
Proposed
Personnel &
Non-Personnel Transfers-Out
Other
Projects/
Capital
Outlay
Capital
Improvement
Projects
Ending Fund
Balance at
6/30/2025
212 Gas Tax Fund $ 1,559,605 $ 721,127 $ 1,010,526 $ - $ 100,000 $ 180,000 $ 990,206 214
TDA Fund (Transportation Development Act)
Bike Way (350) 25,213 - - - 24,863
216 SB-1 Fund (Road Maint Rehab Act ) 1,412,774 643,264 - - 620,000 1,436,038 221 Proposition A Transit Fund 967,072 690,396 494,501 - - 1,162,967 222 Proposition C Transit Fund 1,779,703 582,762 152,776 - 240,000 1,969,689 223- AQMD Fund (Air Quality Management District) 164,187 35,300 - 50,000 - 149,487 224 Measure R Transit Fund 360,792 429,999 49,662 150,000 468,732 122,397 225 Measure M Transit Fund 1,303,519 498,766 98,776 100,000 1,075,500 528,009 227
LACMTA Fund (Los Angeles County Metro
Transp Authority ( Exchange of Federal
Surface Transportation Prog ) 274,678 - - - - 274,678 - 232
SLESF (Supplemental Law Enforcement
Service Fund ) 352,815 100,000 - 450,000 - - 2,815
243
CDBG Fund (Community Development Block
Grant) - 625,365 227,711 - - 397,654 -
251 Street Lighting Fund 122,497 174,520 215,066 81,951 261 Grants Fund (Federal/State/Local) - 18,732,814 - - 827,867 17,904,947 - 272 Measure A Park Grant Fund - 784,903 - - 339,484 445,023 396 280 Measure W Fund(Safe Clean Water program) 347,980 198,061 198,061 - - - 347,980 412 Sewer Enterprise Fund 675,172 326,000 47,242 100,000 853,930 501
PLHA Fund (Permanent Local Housing
Allocation) - 655,794 619,850 35,944
Total Total 9,320,444 25,224,284 3,114,171 450,000 1,567,351 21,706,534 7,706,672 $ 7,706,672
FY 2024-25 Proposed Expenditures
Special Revenue Funds Estimated Fund Balance at 6/30/2025

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City of Maywood Attachment 8
Special Revenue funds
Revised After
Study Session
on 5/22/24
FY 2024-25
FUND OBJECT PROJ # ACCOUNT DESCRIPTION PROPOSED
Gas Tax Fund -212 Estimated Beginning Fund Balance at 6/30/24 1,559,605 Revenues
212 4721 State Gasoline Tax - 2103 Allocation 223,198
212 4722 State Gasoline Tax - 2107.5 Engineering 6,000
212 4723 State Gasoline Tax - 2105 Allocation 156,044
212 4724 State Gasoline Tax - 2106 Allocation 92,630
212 4725 State Gasoline Tax - 2107 Allocation 213,255
212 4726 Traffic Congestion Relief Allocation -
212 4800 Transfer In and Out Between Accounts -
212 4803 Interest Income 30,000
Total Gas Tax Fund -212 Total Revenues 721,127
Expenditures-Personnel
212 120-5103 Employee Salaries-Full-time 20,500
212 120-5201 Calpers Retirement -Current 4,196
212 120-5202 Health Insurance 3,795
212 120-5203 Dental Insurance 124
212 120-5204 Vision Insurance 35
212 120-5220 Medicare Expenses 297
Total City Administration Dept- 120 28,947
212 201-5103 Employee Salaries-Full-time 36,215
212 201-5105 Employee Salaries-Part-time 5,000
212 201-5201 Calpers Retirement -Current 5,105
212 201-5202 Health Insurance 9,154
212 201-5203 Dental Insurance 327
212 201-5204 Vision Insurance 97
212 201-5242 Social Security 310
212 201-5220 Medicare Expenses 597
Total Finance Dept - 201 56,805
212 501-5103 Employee Salaries-Full-time 16,563
212 501-5201 Calpers Retirement -Current 3,390
212 501-5202 Health Insurance 2,233
212 501-5203 Dental Insurance 72
212 501-5204 Vision Insurance 20
212 501-5220 Medicare Expenses 240
Total Building & Planning Dept- 501 22,518
Public Works Dept
212 502-5103 Employee Salaries-Full-time 116,388
212 502-5105 Employee Salaries-Part-time 13,962
212 502-5201 Calpers Retirement -Current 8,171
212 502-5202 Health Insurance 53,872
212 502-5203 City Contribution for DENTAL Insurance 2,284 212 502-5204 City Contribution for VISION Insurance 660 212 502-5220 City's Portion of Medicare exp 1,543
212 502-5242 City Portion of Social Security Expense 672 Total Public Works Dept- 502 197,552
Grand total Personnel Expenditures 305,822

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City of Maywood Attachment 8
Special Revenue funds
Revised After
Study Session
on 5/22/24
FY 2024-25
FUND OBJECT PROJ # ACCOUNT DESCRIPTION PROPOSED
Expenditures-Non personnel
212 302-6108 Crossing Guard Service 151,704
212 502-6112 Electricity Service 132,000
212 502-6115 Contractual Service 250,000
212 502-6203 Field Materials & Supplies 30,000
212 502-6309 Fees and Fines Expense 500
212 502-6701 Equipment Repair and Maintenance 500
212 502-6702 Street Light Maintenance 140,000
Total Non-personnel Expenditures 704,704
Capital Improvement Projects
212 502-6370 6214 Pavement Marking and Striping Program 180,000 212 502-6370 6225 LAC Traffic Signal Synchronization 100,000 Total Capital Improvement Projects 280,000
Gas Tax Fund 212 Estimated Ending Fund Balance at 6/30/2025 990,206 TDA Fund -214 Estimated Fund Balance at 6/30/24 (350)
Revenues
214 4801 TDA 25,213
TDA Fund -214 Total Revenues 25,213
TDA Estimated Ending Fund Balance at 6/30/2025 24,863
SB-1 Road Maint Rehab-216 Estimated Beginning Fund Balance at 6/30/24 1,412,774 Revenues
216 4727 SB-1 Road Maint Rehab Act (Section 2032) 643,264 SB-1 Road Maint Rehab-216 Total Revenues 643,264
Expenditures-Capital Improvement Projects
216 502-6370 6224 Pavement Rehabilitation FY 24/25 Various Streets 620,000 SB-1 Road Maint Rehab-216 Total Capital Improvement Projects 620,000 SB-1 Road Maint Rehab-216 Ending Fund Balance 1,436,038 Prop A Fund - 221 Estimated Beginning Fund Balance at 6/30/24 967,072 Revenues
221 4832 Proposition A Allocations 690,396
Prop A Transit Fund-221 Total Revenues 690,396
Expenditures-Personnel
221 120-5103 Employee Salaries-Full-time 4,006
221 120-5201 Calpers Retirement -Current 308
221 120-5202 Health Insurance 558
221 120-5203 Dental Insurance 20
221 120-5204 Vision Insurance 7
221 120-5220 Medicare Expense 58
Total City Administration Dept-Personnel 120 4,957
Expenditures-Personnel
221 201-5103 Employee Salaries-Full-time 9,682
221 201-5105 Employee Salaries-Part-time 2,500
221 201-5201 Calpers Retirement -Current 1,006

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City of Maywood Attachment 8
Special Revenue funds
Revised After
Study Session
on 5/22/24
FY 2024-25
FUND OBJECT PROJ # ACCOUNT DESCRIPTION PROPOSED
221 221-5202 Health Insurance 2,791
221 201-5203 Dental Insurance 75
221 201-5204 Vision Insurance 23
221 201-5242 Social Security Expense 155
221 201-5220 Medicare Expense 176
Total Finance Dept- Personnel 201 16,408
Grand total Personnel Expenditures 21,365
Expenditures-Non-Personnel
221 410-6115 1690 Dial A Ride Program 236,568
221 410-6115 3110 Maywood Express 236,568
Total Non-Personnel Expenditures 473,136
Prop A Transit Fund-221 Estimated Ending Fund Balance at 6/30/2025 1,162,967 Prop C Fund -222 Estimated Beginning Fund Balance at 6/30/24 1,779,703 Revenues
222 4602 MTA Bus Pass Revenue 60
222 4803 Interest Income 10,000
222 4836 Proposition C Sales Tax Allocations 572,666
222 4303 MTA Bus Pass Revenue 36
Total Prop C Fund -222 Total Revenues 582,762
Expenditures-Personnel
222 120-5103 Employee Salaries-Full-time 20,500
222 120-5201 Calpers Retirement -Current 4,196
222 120-5202 Health Insurance 3,795
222 120-5203 Dental Insurance 124
222 120-5204 Vision Insurance 35
222 120-5220 Medicare Expense 298
Total City Administration dept-Personnel120 28,948
222 201-5103 Employee Salaries-Full-time 22,314
222 201-5105 Employee Salaries-Part-time 5,000
222 201-5201 Calpers Retirement -Current 2,876
222 201-5202 Health Insurance 5,694
222 201-5203 Dental Insurance 183
222 201-5204 Vision Insurance 54
222 201-5242 City Portion of Social Security Expense 310 222 201-5220 City's Portion of Medicare exp 397
Total Finance Dept Personnel 201 36,828
Grand Total Personnel Expenditures 65,776
Expenditures-Non Personnel
222 201-6319 9999 Transit Fare Subsidy Expenses 20,000
222 410-6304 9999 Dues and Membership 2,000
222 502-6115 9999 Graffiti Protective Coatings 65,000
Total Various Dep Non-Personnel 222 87,000
Capital Improvement Project
222 502-6370 6224 Pavement Rehabilitation FY 24/25 on Various Street 240,000 Total Capital Improvement Project 240,000

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City of Maywood Attachment 8
Special Revenue funds
Revised After
Study Session
on 5/22/24
FY 2024-25
FUND OBJECT PROJ # ACCOUNT DESCRIPTION PROPOSED
Prop C Transit Fund Estimated Ending Fund Balance at 6/30/2025 1,969,689 AQMD Fund -223 Estimated Beginning Fund Balance at 6/30/24 164,187 Revenues
223 4803 Interest Income 600
223 4839 Air Quality Management District (AQMD) Subvention Fund Revenue 34,700 Total Revenues 35,300
Capital Outlay
223 502-9130 9999 Vehicles 50,000
Total Capital Outlay 50,000
AQMD Fund 223 Estimated Ending Fund Balance at 6/30/2025 149,487 Measure R Fund 224 Estimated Beginning Fund Balance at 6/30/24 360,792 Revenues
224 4803 Interest Income 500
224 4840 Measure R Sales Tax Revenue 429,499
Total Revenues 429,999
Expenditures-Personnel
224 201-5103 Employee Salaries Full Time 18,107
224 201-5105 Employee Salaries-Part-time 2,500
224 201-5201 Calpers Retirement 2,553
224 201-5202 Health Insurance 4,577
224 201-5203 Dental Insurance 164
224 201-5204 Vision Insurance 49
224 201-5242 City Portion of Social Security Expense 155 224 201-5220 City Portion of Medicare Exp 299
Total Finance Dept -Personnel 201 28,404
224 501-5103 Employee Salaries Full Time 8,281
224 501-5201 Calpers Retirement 1,695
224 501-5202 Health Insurance 1,116
224 501-5203 Dental Insurance 36
224 501-5204 Vision Insurance 10
224 501-5220 Medicare Expense 120
Total Building & Planning Dept -Personnel 501 11,258
Grand total Personnel Expenditures 39,662
Expenditures-Non-Personnel
224 410-6304 Dues and Membership -
224 501-6304 Dues and Membership 10,000
Total Non-Personnel Services 10,000
Capital Improvement Projects
224 502-6370 6116 Highway Safety Improv Cycle 11 103,410 224 502-6370 6224 Pavement Rehab FY 24/25 Various Street 365,322 224 502-6370 6227 ADA Transition Plan 150,000
Total Capital Improvement Projects 618,732
Estimated Ending Fund Balance at 6/30/2025 122,397

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City of Maywood Attachment 8
Special Revenue funds
Revised After
Study Session
on 5/22/24
FY 2024-25
FUND OBJECT PROJ # ACCOUNT DESCRIPTION PROPOSED
Measure M Fund Estimated Beginning Fund Balance at 6/30/24 1,303,519 Revenues
225 4803 Interest Income 12,000
225 4835 Measure M Sales Tax Revenue 486,766
Total Revenues 498,766
Expenditures-Personnel
225 502-5103 Employee Salaries Full Time 57,062
225 502-5105 Employee Salaries-Part-time 5,418
225 502-5201 Calpers Retirement 4,383
225 502-5202 Health Insurance 29,080
225 502-5203 dental Insurance 1,235
225 502-5204 Vision Insurance 356
225 502-5242 Social Security Expense 336
225 502-5220 Medicare Expense 906
Total Public Works Dept -Personnel 502 98,776
Capital Improvement Projects
225 502-6370 6201 Slauson Ave and Atlantic Blvd Congestion Relief 1,020,500 225 502-6370 6226 Citywide Traffic Safety and Traffic Calming Improvements 100,000 225 502-6370 6119
Randolph Bike Facility Improv (From District Blvd to LA River) (ATP Cycle 6) Design 55,000
Total Capital Improvement Projects 1,175,500
Measure M Transit Fund Estimated Ending Fund Balance at 6/30/2025 528,009 LACMTA Funds-227 Estimated Fund Balance at 6/30/24 274,678 Capital Improvement Project
227 502-6370 6224 Pavement Rehabilitation FY 24/25 274,678 Total Capital Improvement Project 274,678
LACMTA Funds-227 Estimated Ending Fund Balance at 6/30/2025 - Estimated Fund Balance at 6/30/24 352,815
Revenue
232 4842 JAG.LLEBG.COPS GRANT 100,000
Total Revenue 100,000
Transfers Out
232 410-6115 Transfers out -General Fund-Sheriff 450,000 Total Transfers-Out 450,000
Estimated Ending Fund Balance at 6/30/2025 2,815
CDBG Fund -243 Estimated Beginning Fund Balance at 6/30/24 - Revenues
243 4829 Sidewalk Rehab 23/24 100,000
243 4829 Sidewalk Rehabilitation Project FY 2024/2025 97,654 Supplemental Law Enforcement Srvs
Fund- 232
Supplemental Law Enforcement Srvs
Fund- 232

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City of Maywood Attachment 8
Special Revenue funds
Revised After
Study Session
on 5/22/24
FY 2024-25
FUND OBJECT PROJ # ACCOUNT DESCRIPTION PROPOSED
243 4833 Park Improvements Project FY 2024/2025 CDBG 200,000 243 4843 HCDA:Graffiti Removal (Proj.407) 52,711
243 4845 HCDA:Code Enforcement (Proj.791) 175,000
Total Revenues 625,365
Ependitures-Personnel
243 201-5103 9999 Employee Salaries Full Time 7,114
243 201-5105 9999 Employee Salaries-Part-time 2,500
243 201-5201 9999 Calpers Retirement 546
243 201-5202 9999 Health Insurance 1,675
243 201-5203 9999 Dental Insurance 39
243 201-5204 9999 Vision Insurance 14
243 201-5242 9999 City Portion of Social Security Expense 155 243 201-5220 9999 City Portion of Medicare Exp 139
Total Finance Dept-Personnel 243 12,182
243 501-5103 6212 Employee Salaries Full Time 107,416
243 501-5201 6212 Calpers Retirement 12,486
243 501-5202 6212 Health Insurance 33,492
243 501-5203 6212 Dental Insurance 1,385
243 501-5204 6212 Vision Insurance 389
243 501-5220 6212 City Portion of Medicare Exp 1,557
Total Code Enforcement Dept Personnel 156,725
Grand Total Personnel Cost 168,907
Expenditures-Non- Prsonnel
243 150-6115 9999 Contractual Service
243 150-6115 5002 CDBG-Graffiti 52,711
243 150-6115 6212 Contractual Services-Code Enforcement 6,093 Total Non- Personnel 58,804
Capital Improvement Projects
243 150-6370 6221 Sidewalk Rehab 23/24 100,000
243 150-6370 6223 Sidewalk Rehabilitation Project FY 2024/2025 97,654 243 502-6370 6304 Park Improvements Project FY 2024/2025 CDBG 200,000 Total Capital Improvement Projects 397,654
CDBG Fund -243 Estimated Ending Fund Balance at 6/30/2025 - Street Lighting Fund -251 Estimated Fund Balance at 6/30/24 122,497 Revenues
251 4707 Landscape & Lighting Assessment 174,520
Total Revenues 174,520
Expenditures-Personnel
251 501-5103 9999 Employee Salaries -Full Time 8,281
251 501-5201 6212 Calpers Retirement 1,695
251 501-5202 6212 Health Insurance 1,116
251 501-5203 6212 Dental Insurance 36
251 501-5204 6212 Vision Insurance 10
251 501-5220 6212 Medicare Expense 120
Total Building & Planning Dept-Personnel 11,258
251 502-6112 9999 Electricity Srvs 138,000
251 502-6115 9999 Contractual Srvs 10,808
251 502-6702 9999 Street Light Maintenance 55,000

Page 6 of 9 ends

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City of Maywood Attachment 8
Special Revenue funds
Revised After
Study Session
on 5/22/24
FY 2024-25
FUND OBJECT PROJ # ACCOUNT DESCRIPTION PROPOSED
Grand Total Non-Personnel Services 203,808
Street Lighting Fund -251 Estimated Ending Fund Balance at 6/30/2025 81,951 Grants Fund -261 Estimated Beginning Fund Balance at 6/30/24 - Revenues
261 4603 SB 1383 - Municipal Waste Solutions (New) 75,000 261 4841 FEMA Grant: Local Hazardous Mitigation Plan 75,609 261 4603 County Grants-CalFire Reimbursement 150,000
261 4603 Beverage Container 7,000
261 4603 6306 Riverfront Park Renovations-Various Grants 6,400,000 261 4603 6305 Playground Improvements at Maywood Park 333,293 261 4841
Randolph Bike Facility Improvement (From District Blvd to LA River) (ATP Cycle 6) Design 145,000
261 4841 Climate Action, Adaptation, and Resilience Plan (CAARP) 177,060 261 4841 Highway Safety Impr Cycle 11 1,418,490
261 4841 52nd Place Sewer Replacement Project 1,000,000 261 4841 XXXX LEAP2 150,000
261 4841 XXXX SB2 72,000
261 4841 Teen/Resource Center (4801 District Ave)-State Park Grant Rendon 750,000 261 4837 6201 County Grants-Slauson and Atlantic Congestion Relief 7,082,500 261 4841 FEMA Grant: Local Hazardous Mitigation Plan Project 121,198 261 4841 Baseball Field Improvement State of California Grant 775,664 Total Revenues 18,732,814
Capital Projects
261 502-6115 SB 1383 - Municipal Waste Solutions (New) 75,000 261 502-6370 6306 Local Hazardous Mitigation Plan 75,609 261 502-6115 9999 Cal Fire - Urban Forest 150,000
261 502-6203 9999 Beverage Container 7,000
261 502-6370 6306 Riverfront Park Renovations 6,400,000 261 502-6370 6305 Playground Improvements at Maywood Park 333,293 261 502-6370 6119
Randolph Bike Facility Improvement (From District Blvd to LA River) (ATP Cycle 6) Design 145,000
261 502-6370 Climate Action, Adaptation, and Resilience Plan (CAARP) 177,060 261 502-6370 6116 Highway Safety Improvements Cycle 11 1,418,490 261 502-6370 6105 52nd Place Sewer Replacement Project 1,000,000 261 502-6370 XXXX LEAP2 150,000
261 502-6370 XXXX SB2 72,000
261 502-6370 6103 Teen/Resource Center (4801 District Ave)-State Park Grant Rendon 750,000 261 502-6370 6201 Slauson Ave and Atlantic Blvd Congestion Relief 7,082,500 261 502-6370 6306 Local Hazardous Mitigation Plan 121,198 261 502-6370 6310 Baseball Field Improvements 775,664
Total capital Projects 18,732,814
Grants Fund 261 Estimated Ending Fund Balance at 6/30/2025 - Measure A Park Grant Fund 272 Estimated Beginning Fund Balance at 6/30/24 - Revenues
272 4825 Measure A Allocation 445,419

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City of Maywood Attachment 8
Special Revenue funds
Revised After
Study Session
on 5/22/24
FY 2024-25
FUND OBJECT PROJ # ACCOUNT DESCRIPTION PROPOSED
272 4825 Randolph Park Beautification Grant (City Fabrick) 227,780 272 4825 Prop A Maintenance & Servicing and M & S Funding 111,704 Total Revenues 784,903
Expenditures-Non-Personnel
272 630-6115 9999 Randolph Park Beautification (City Fabrick) 227,780 272 502-6115 9999 Prop A Maintenance & Servicing 701
272 502-6115 9999 M & S Funding 111,003
Total Non-Personnel Services 339,484
Capital Improvement Project
272 502-6370 6306 Riverfront Park Renovations 445,023
Total Capital Improvement Project 445,023
Measure A Park Grant Fund 272 Estimated Ending Fund Balance at 6/30/2025 396 Measure W Safe Clean Water Program Fund - 280
Measure W Fund 280 Estimated Beginning Fund Balance at 6/30/24 347,980 Revenues
280 4332 Safe, Clean Water Program 198,061
Total Revenues 198,061
Expenditures-Non Personnel
280 501-6115 9999 Contractual Service-Street Sweeping 90,444 280 502-6115 9999 Contractual Service-Professional Service MS 4 90,292 280 502-6304 9999 Dues and Memberships 17,325
Measure W -Non Personnel Services 198,061
Measure W Fund 280 Estimated Ending Fund Balance at 6/30/2025 347,980 Sewer Enterprise Fund - 412 Estimated Beginning Fund Balance at 6/30/24 675,172 Revenues
412 4706 Sewer District Assessment 325,000
412 4838 Fats, Oils, and Grease (FOG) 1,000
Total Revenues 326,000
Expenditures- Non Personnel
412 502-6115 9999 Contractual Service 47,242
412 502-6730 6105 52nd Place Sewer Replacement Project and Point Repairs 100,000 Sewer Enterprise Fund - 412 147,242
Sewer Enterprise Fund - 412 Estimated Ending Fund Balance at 6/30/2025 853,930 Permanent Local Housing Allocation-501 Estimated Beginning Fund Balance at 7/1/2024 - Revenues
501 XXXX Year 2 Activity 6 Rental Assistance Program 585,000 501 XXXX
Year 2 activity 6 PLHA Shelter Beds Within the Salvation Army Bell Shelter Program 70,794
Total Revenues 655,794
PLHA Programs
501 501-6115 XXXX Contractual Services 15,000
501 501-6115 XXXX Rental Assistance Program 511,886
501 501-6115 XXXX Professional Services-Hub Cities (Shelter Program) 58,114

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City of Maywood Attachment 8
Special Revenue funds
Revised After
Study Session
on 5/22/24
FY 2024-25
FUND OBJECT PROJ # ACCOUNT DESCRIPTION PROPOSED
501 501-6115 XXXX
Year 2 activity 6 PLHA Shelter Beds Within the Salvation Army Bell Shelter Program 34,850
Total PLHA Programs 619,850
PLHA Fund-501 Estimated Ending Fund Balance at 6/30/2025 35,944

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AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 25.

DATE: June 26, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: RIMO HANSON, FINANCE DIRECTOR
SUBJECT: CONSIDERATION OF APPROVING RESOLUTION NO. 6362, FIXING THE AMOUNT

OF REVENUE FROM A PROPERTY TAX LEVY APPROVED BY THE VOTERS OF

THE CITY OF MAYWOOD FOR THE PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) AT THE SAME RATE OF SUCH TAXES AS LAST YEAR AND LEVYING SUCH TAXES FOR THE FISCAL YEAR BEGINNING JULY 1, 2024
RECOMMENDATION:

Staff recommends that the City Council approve Resolution No. 6362 establishing the tax rate from a property tax levy approved by the voters for the purpose of paying the cost of the Public Employees Retirement System (PERS) and maintaining the rate and levying such tax for fiscal year beginning July 1, 2024.

BACKGROUND:

In March 1974, Maywood voters approved a property tax levy of $0.04 for every $100 of assessed value as a means to pay for employee retirement benefits. Resolution No. 2670 established the tax initially. The City is required to set the tax rate annually by resolution. In order for the tax rate to be collected, a resolution setting such tax rate must be submitted to the Los Angeles County Assessor's Office every year. On August 10, 2016, Resolution No. 5874 of the City Council of the City of Maywood fixed the tax rate to cover th cost of the Public Employees Retirement System (PERS) at $0.100000 per $100 of assessed value. The approved $0.100000 per $100 of assessed value has remained unchanged since its adoption in 2016.

DISCUSSION:

The projected pension cost eligible to be paid from the tax levy collected for fiscal year 2024–2025 amounts to $1,463,435. The projected revenue from the tax levy at current approved rates totals $1,300,000. The total pension cost exceeds the amount anticipated from the collection of taxes by $163,435. Table 1 below provides the breakdown of the Pension Fund in detail. Considering that the Pension Tax Levy was increased from $0.04 to $0.100000 per $100 of assessed value on August 10, 2016, for fiscal year 2016-2017, and that the adopted budget for fiscal year 2024-2025 anticipates coverage of the differential from the Pension Fund's estimated Fund Balance, staff recommends that the pension levy tax remains unchanged for fiscal year 2024- 2025.

Estimated Pension Retiree Fund Balance at 7/1/2024 $ 250,400 Pension Levy Revenue 1,300,000
Pension Obligation Costs:
2021 Pension Obligation Bond Series Expense (1,020,000)

Page 545 of 621 ends

Miscellaneous & Safety Plans: Unfunded Accrued Liabilities (UAL) FY 2024-2025**

(423,500)
Other Post-Employment Benefits (OPEB) Reporting Fees
(GASB75)
(15,000)
Bond Trustee and Administrative Fees (5,000)
Total Pension Obligation Costs: (1,463,500)
Estimated Fund Balance at 6/30/2025 $ 86,900
** Based on the 6/30/2021 valuation, the Miscellaneous and Safety Plans were projected to have a UAL of $1,615,997. However, due to poor FY 2021-2022 investment performance, the new UAL as of 6/30/2022 increased to $4,524,252. The UAL balances went up because of unfavorable investment returns after the City's paydown in December 2021. The poor investment returns were about -6.1% in FY 2021-2022. This affected all agencies in CalPERS. In general, UAL goes up or down every year based on investment and demographic experience relative to CalPERS assumptions, as measured by the actuarial valuation. There is a two-year lag between the actuarial valuation date and the fiscal year when the corresponding required contributions take effect. The impact of the new UAL arising in the 6/30/2022 valuation is first being felt in this FY 2024-2025 contribution.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

There is no fiscal impact involved with this action. This revenue of $1,300,000 and expenditure of $1,463,500 has been budgeted in Pension Retiree Fund (711) for FY 2024-2025. The proposed property tax levy of $0.100000 per $100 of assessed value remains unchanged from fiscal year 2024-2025.

ATTACHMENT(S)

1. Resolution No. 6362 Pension Levy FY2024-25

2. 2024-2025 Secured Tax Rates

Page 546 of 621 ends

RESOLUTION NO. 6362

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MAYWOOD FIXING THE AMOUNT OF REVENUE FROM A

PROPERTY TAX LEVY APPROVED BY THE VOTERS OF

MAYWOOD CITY FOR THE PURPOSE OF PAYING THE COST

TO THE CITY OF THE PUBLIC EMPLOYEES RETIREMENT

SYSTEMS (PERS) AT THE SAME RATE OF SUCH TAXES AS

LAST YEAR AND LEVYING SUCH TAXES FOR THE FISCAL
YEAR BEGINNING JULY 1, 2024
WHEREAS, the City of Maywood entered into a contract with the California Public Employees Retirement System (CalPERS) for the operation of a retirement program for Safety Personnel and Miscellaneous Employee; and
WHEREAS, a property tax for the purpose of raising sufficient revenue to fund the city's contribution to CalPERS was approved by more than two-thirds of the voters who cast ballots on a proposition to create such tax, which election was held on March 5, 1974; and
WHEREAS, the results of such voter approval were reported, canvassed and confirmed in Resolution No. 2670, dated March 12, 1974, incorporated herein by reference as if fully set forth; and
WHEREAS, such property tax was levied for the fiscal years commencing with July 1, 1974 and continuing for fiscal years commencing 1975 through 2020; and WHEREAS, Article 13A, section (b) of the State Constitution, which was enacted by Proposition 13, provides that the 1% limit on the property tax rate is not applicable to ad valorem taxes or special assessments to pay the interest and redemption charges on any "indebtedness" approved by the voters prior to July 1, 1978. State courts have held that pension obligations in existence before that date are an Indebtedness, "and that a city may levy an additional property tax to fund those obligations. Such a tax is commonly referred to as a "property tax override."; and
WHEREAS, in implementing the provisions of Proposition 13, the State Legislature has enacted Revenue & Taxation code section 96.31, subsection (b) which limits the maximum property tax that a city may levy to fund pension obligations at the rate that the City levied such a tax in either fiscal year 1982-1983 or 1983-84, whichever is higher. The additional property tax rate levied for the City's public employee pension obligations in both the 1982-83 and 1983-84 fiscal years was 0.6162181 per $100 of assessed value.

Page 547 of 621 ends

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MAYWOOD HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:

Section 1. The money necessary to be raised exceeds that amount to be collected by taxation upon the taxable properties in the City of Maywood to pay the cost of the Public Employees Retirement System expenses for the fiscal year beginning July 1, 2024, and numerous years prior.

Section 2. The current tax rate for support of the cost of the California Public Employees Retirement System is hereby fixed at $0.100000 per $100 assessed valuation.

Section 3. Resolution No. 6318, which was passed, approved and adopted by Maywood City Council on August 23, 2023, is hereby repealed.

Section 4. Severability Clause. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutional, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.

Section 5. The City Clerk shall certify the adoption of this resolution and shall cause the same to be published in a newspaper of general circulation as required by law.

PASSED, APPROVED, AND ADOPTED this 26th day of June, 2024.

Eddie De La Riva, Mayor
ATTEST: APPROVED AS TO FORM:

Brian E. Juarez, City Clerk Roxanne Diaz, City Attorney

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STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF MAYWOOD
I, Brian E. Jaurez, City Clerk of the City Council of the City of Maywood, do hereby certify that foregoing Resolution No. 6362 was duly passed and adopted by the City Council of the City of Maywood, at a regular meeting of the City Council held on the 26th day of June 2024, by the following roll call vote, to wit:

AYES:

NAYES:

ABSENT:

ABSTAINED:

Brian E. Juarez, City Clerk

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CR52RPTA
ACCT # AGENCY NAME TAX RATE
208.01 CITY-MAYWOOD TD #1 0.10000
208.02 CITY-MAYWOOD WESTSIDE RP 0.10000
208.03 CITY-MAYWOOD MAYWOOD RP 2 0.10000
208.04 CITY-MAYWOOD CITYWIDE RP 0.10000
I,________________________________________, AM A MEMBER OF THE CITY COUNCIL, A

MEMBER OF THE GOVERNING BOARD, THE CHIEF EXECUTIVE OR THE CHIEF

FINANCIAL OFFICER FOR THEIS AGENCY AND I HEREBY CERTIFY THAT THE TAX

RATES LEVIED HEREIN ARE IN ACCORDANCE WITH THE PROVISIONS OF THE ARTICLE XIII SECTION 1(b) OF THE CONSTITUTION OF THE STATE OF CALIFORNIA.

AUTHORIZED SIGNATURE TITLE DATE

AUDITOR-CONTROLLER,

COUNTY OF LOS ANGELES

PROPERTY TAX APPORTIONMENT DIVISION
2024-25 SECURED TAX RATES

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AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 26.

DATE: June 26, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: DAISY GUERRERO, DEPUTY CITY CLERK/ASSISTANT TO THE CITY MANAGER SUBJECT: DISCUSS AND PROVIDE DIRECTION REGARDING THE FUNDING LIMITS UNDER

THE CITY'S COMMUNITY BENEFIT FUND FOR LOS ANGELES UNIFIED SCHOOL

DISTRICT SCHOOLS THAT SERVE THE CITY OF MAYWOOD COMMUNITY RECOMMENDATION:

Staff recommends that the City Council discuss and provide direction to staff regarding the award limits of the Community Benefit Fund for Los Angeles County School District (LAUSD) schools that serve the City of Maywood community.

BACKGROUND:

In 2019, the City Council approved funding to establish a Community Benefit Fund, providing grants for education programs, cultural activities, youth athletics, civic projects, health and safety programs, among other programs. The City Council also implemented specific guidelines and procedures for those interested in submitting an application for the grant program and designated and approved a specific amount they are eligible to apply for.

At the May 22, 2024, budget study session, Mayor Eddie De La Riva expressed upcoming budgetary constraints within Maywood’s local schools and requested staff bring back an item for the City Council to discuss and consider increasing the current amount a school is eligible to request when applying for funding from the Community Benefit Fund. The current maximum amount awarded is $10,000 and Mayor De La Riva suggested an increase to $15,000 for all LAUSD eligible schools.

DISCUSSION:

If approved, City staff may move forward with updating the Community Benefit Fund application guidelines to allow eligible LAUSD schools to request up to $15,000 per fiscal year or the amount approved by the City Council.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

At the beginning of Fiscal Year 2024-25 the Community Benefit Budget is allocated $75,000.

ATTACHMENT(S)

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AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 27.

DATE: June 26, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: JENNIFER VASQUEZ, CITY MANAGER

DAISY GUERRERO, DEPUTY CITY CLERK/ASSISTANT TO THE CITY MANAGER SUBJECT: CONSIDERATION OF APPROVAL OF RESOLUTION NO. 6365 OF THE CITY

COUNCIL OF THE CITY OF MAYWOOD APPROVING A FIVE-YEAR MUNICIPAL LAW

ENFORCEMENT SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR PUBLIC SERVICES PROVIDED BY THE LOS ANGELES COUNTY SHERIFF’S

DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO PROCURE SERVICES OF THE LOS ANGELES COUNTY SHERIFF’S DEPARTMENT UP TO AN AMOUNT AUTHORIZED IN THE CITY’S OPERATING BUDGET FOR THE PERIOD OF JULY 1, 2024, THROUGH JUNE 30, 2029
RECOMMENDATION:

The City Manager recommends the City Council to:

1. Approve Resolution No. 6365 approving the 5-Year Agreement with the County of Los Angeles for the period of July 1, 2024, through June 30, 2029, and

2. Authorize the Mayor to execute the 5-Year Agreement on behalf of the City.

BACKGROUND:

The current Municipal Law Enforcement Services Agreement (MLESA) between the City of Maywood and the County of Los Angeles is set to expire on June 30, 2024. In preparation, a new five-year agreement has been drafted for the City Council's review and approval, with the next term starting on July 1, 2024, and concluding on June 30, 2029.

Over the past year, a subcommittee from the California Contract Cities Association (CCCA), consisting of City Managers, collaborated with the County and the Los Angeles Sheriff's Department (LASD) to negotiate and revise the MLESA. The proposed agreement includes revisions that were mutually agreed upon by the County and the CCCA subcommittee (see Attachment 1 - Attachments A and C).

In addition to the MLESAs approved over the past few decades, the contract cities have entered into three significant agreements concerning liability and indemnification for County services:
• 1977 Assumption of Liability: The County established a fund to cover liability costs associated with contract services, assuming liability and defense for contract cities (replaced by the 1991 Joint Indemnity Agreement for law enforcement services, see Attachment 2).

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• 1991 Joint Indemnity Agreement: The County and cities established the structure of the Liability Trust Fund, transferring responsibility for liability and payment for settlements and claims to this fund, which is fully funded by contract cities. (see Attachment 3).
• 2010 Special Indemnity Agreement: The County and cities agreed to split the liability and funding responsibility equally for certain cases involving deputies or other peace officers incurring felony convictions or any criminal convictions of certain sexual crimes (see Attachment 4).

While the County accepted some of the recommended subcommittee changes, there were a number of changes that were not accepted. Additionally, no agreement on changes to liability and indemnity language was reached prior to the renewal deadline. As was added as Section 5.4 to the MLESA, the subcommittee and County will continue discussions intended to revise liability and indemnity language to share in the financial exposure with the County instead of the current burden falling completely on the Liability Trust Fund, and by extension, the contract cities.

DISCUSSION:

Contracting for law enforcement services in Los Angeles County dates back to 1954 when the City of Lakewood first contracted with the County. Currently, 42 cities contract with the County through the Los Angeles Sheriff's Department for primary and supplemental law enforcement services, representing almost half of the 88 Los Angeles cities.

Authority to Contract for Law Enforcement Services

Under California Government Code Section 51301 et seq, the City has the authority to contract with the County for public safety services. The term of any such contract shall not exceed five years but may be renewed for subsequent five-year periods, provided a decision to continue is made at least a year before the expiration of any current term. The upcoming MLESA is a five-year agreement requiring approval by June 30, 2024 to continue services.

County Can Recover Costs for Contract Services

According to California Government Code Section 51350, the County must charge the contracting city for all costs incurred due to the agreement. This excludes any indirect overhead charges or costs attributed to services provided countywide or are general county government operational overheads. Thus, the County’s Auditor/Controller established a complex formula to set the price of each contract service unit, and the Liability Trust Fund Claims Board determined the recommended funding level for the liability component based on an actuarial study. Together, these two components form the total cost per service unit assessed to the contract cities for each service unit procured.

City Orders Law Enforcement Resources from the County

Annually, the City issues a Service Level Authorization, commonly referred to as the “575 form,” which specifies the resources provided to the City (See Attachment 1 - Attachment B for the City’s FY 2023-24 575 form). These resources include sworn deputies, non-sworn personnel, public safety equipment, and standard deployment of sworn personnel. The form details the costs associated with each service unit and their quantities, and annually, replaced Attachment A and B within the five-year MLESA.

For FY 2023-24, the City procured 11 personnel resources, including a Special Assignment Deputy. The resources included various types of deputies and civilian personnel, with a total service provision of 1,791,480 sworn minutes at a cost of $5,669,502.72. This includes a 12% charge to the Liability Trust Fund to cover settlements and claims arising from MLESA operations.

For FY 2024-25, the City will procure the same number of resources, with estimated costs increasing by

3.94%.

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Changes to the 2024-2029 MLESA

The included MLESA includes several changes based on the contract cities negotiations which are beneficial to the City. The changes include:
• Performance will be by Service Unit Rather than Overall – Agreement performance standard changes from one measure overall to several measures at the service unit level. As the MLESA performance is based on service minutes, the number of deputies and civilians procured by a city are translated into available minutes. This allows the County to mix and match minutes to achieve their 98- 102% target but can lead to unintended consequences to underperform in areas like traffic, special assignment, or motor units.

1. Benefit: The change would set the 98-102% performance target for each specific unit – patrol, motor, special assignment deputies increasing accountability to cities receiving the level of service expected when procuring specific resources. As an example, overages in patrol minutes cannot be made up by reducing service levels of a motor unit or special assignment deputy and vice versa. • Retaining Vehicle of Deleted Service Unit – When a city adds a new resource that requires a vehicle (i.e. new deputy), the city incurs a significant first-year expense for the additional vehicle required for this new deputy. The maintenance and replacement costs of the vehicle are already integrated into the annual charge to the city if the city keeps the new deputy. While the LASD has a practice on this, the language of the MLESA was not explicit to protect a city from losing a deputy temporarily and then paying another new vehicle cost when the city restored the deputy. The MLESA adds language that a city can regain access to a vehicle procured with a new deputy service unit when the unit is deleted and restored within 24 months.

1. Benefit: This codifies the language and extends it from 12 to 24 months giving more flexibility for a city to avoid incurring a new vehicle cost.
• Transfer of City Property to County – Agreement requires separate written agreements managed at the LASD contract city stations to govern items purchased by the City and temporarily transferred to the County. Additionally, the County must maintain a detailed and regularly updated inventory of all nonvehicle City equipment in its possession, including descriptions, serial numbers (if applicable), condition upon receipt, and location.

1. Benefit: This language increases transparency and accountability in the handling of the City’s assets where the MLESA was previously silent.
• Equipment Replacement after Extended Maintenance and Repair – Agreement requires that the County will make best efforts to provide a temporary replacement if the original equipment takes more than 60 days to be returned.

1. Benefit: The language strengthens the required effort the County must undertake to provide a replacement. A best effort would require the LASD to be more diligent in providing a replacement. • Continue Negotiations on Indemnity Agreements – Agreement includes Section 5.4 which acknowledges indirectly the continued negotiations between the County and contract cities related to concerns that cities bear the full cost of liability for contract activities when the County should share in such liability. A Letter of Understanding between the County and the California Contract Cities Association outlines how both parties will work towards addressing concerns in several areas raised by contract cities.

1. Benefit: The language does not guarantee a change, but it recognizes a mutual interest in ensuring the long-term viability of the Liability Trust Fund and controlling the increasing burden placed on cities for activities a city does not control. The County controls aspects of law enforcement operations (i.e. training, supervision, hiring, discipline, etc.) and to some extent should incur some of the liability, such

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as when there is gross negligence not controllable by a city. Further negotiations are a positive step.

Liability Trust Fund Claims Board

As established in the 1991 Joint Indemnity Agreement, the County formed the Los Angeles Contract Cities Liability Trust Fund Claims Board (Board) to review and approve settlement of claims and lawsuits for money damages which are paid from the County’s Contract Cities Liability Trust Fund. The Board consists of eleven members nominated by the California Contract Cities Association and appointed by the Los Angeles Board of Supervisors. The members include city council members, city managers, and representatives from the California Contract Cities Association.

The Liability Trust Fund is comprised of two funds – the Sheriff's Department Fund and the All Other Departments fund. This is a County trust account funded by contract cities to reimburse the County for all costs related contract city operations leading to litigation and settlements as a part of MLESA operations. The Liability Trust Fund is self-insured for liabilities up to $10 million and carries insurance up to $50,000,000.

The Liability Trust Fund has experienced significant payouts due to settlements and litigation work. The settlements are such a large exposure that insurers have been increasing the self-insurance retention (amount paid from the fund before tapping insurance) of $2 million in 2011-12 to $10 million in FY 2023-24, and the rate paid by contract cities has risen from 4% to 12%, respectively, and will be 12.5% in FY 2024-25.

Given that all activities of the contract cities in the MLESA are the responsibility of the County and contract cities have no authority to govern over actions to reduce liability, the subcommittee feels strongly of the need to revisit the liability and indemnity relationship between the contract cities and the County to ensure balance in who pays for settlements and litigations. The purpose is to ensure the long-term viability of the Liability Trust Fund and the contract model. Further, with the County being exposed to more financial risk associated with operations that only they can control, there will be a greater incentive to ensure more risk reduction approaches and opportunities are leveraged to reduce the overall losses incurred by both the County and the contract cities.

While the subcommittee proposed changes to liability and indemnity language, the County desired additional time to discuss and consider changes. Consequently, the subcommittee will be continuing discussions on amending this language even after the MLESA is approved by the June 30, 2024, deadline, with the existing liability and indemnity language in place since the last MLESA.

City staff recommends approval of this revised MLESA. The changes to the MLESA strengthens the accountability for the City. Discussions related to revising the liability and indemnity language will continue.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

Changes to the MLESA do not alter the cost structure of the previous agreement. Rates for law enforcement services are provided annually by the County of Los Angeles Auditor/Controller and are determined based on the fully burdened cost of deploying service units, including variables such as salary, benefits, equipment (vehicles, radios, maintenance, etc.), management overhead, vacation and sick relief, detective services, dispatch and front desk personnel, station jailer services, and civilian positions.

In FY 2023-24, the general law enforcement services cost $5,687,082. For FY 2024-25, the City will procure the same number of resources, with estimated costs increasing by 3.94%. This is made up of a 3.44% increase for a deputy service unit plus a 0.5% increase to the Liability Trust Fund (Liability Trust fund will go from 12% to 12.5% of personnel cost). The FY 2024-25 cost is estimated to be about $6,593,363.

Actual percentages may vary based on the type of service unit (i.e. patrol deputy, bonus deputy, or sergeant)

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ATTACHMENT(S)

1. Resolution No. 6365 MLESA - LASD Agreement

2. Attachment 1 - 2024-2029 MLESA Agreement

3. Attachment A - LASD Service Level Authorization Form

4. Attachment B - Contract City Law Enforcement Services and Equipment Master Rate Sheet

5. Attachment C - Public Safety Equipment Use Requirements

6. Attachment 2 - 1977 LA County Assumption of Liability Agreement

7. Attachment 3 - 1991 Joint Indemnity Agreement

8. Attachment 4 - 2010 County-City Special Indeminity Agreement

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Page 1 of 2 ends

RESOLUTION NO. 6365

A RESOLUTION OF THE COUNCIL OF THE CITY OF MAYWOOD,

COUNTY OF LOS ANGELES, APPROVING A FIVE-YEAR MUNICIPAL

LAW ENFORCEMENT SERVICES AGREEMENT WITH THE COUNTY

OF LOS ANGELES FOR PUBLIC SERVICES PROVIDED BY THE LOS
ANGELES COUNTY SHERIFF’S DEPARTMENT AND AUTHORIZING

THE CITY MANAGER TO PROCURE SERVICES OF THE LOS
ANGELES COUNTY SHERIFF’S DEPARTMENT ANNUALLY UP TO
AN AMOUNT AUTHORIZED IN THE CITY’S OPERATING AND
CAPITAL BUDGET FOR THE PERIOD OF JULY 1, 2024 THROUGH
JUNE 30, 2029
WHEREAS, The City of Maywood, California (City) and the County of Los Angeles (County) have previously entered into a Municipal Law Enforcement Service Agreement (MLESA) whereby the County through its Sheriff’s Department (LASD) provides general and additional law enforcement services within the jurisdiction of the City; and WHEREAS, the current MLESA expires on June 30, 2024, and the City desires to continue receiving general and additional law enforcement services from the County through the LASD for an additional five years; and
WHEREAS, the City intends to enter into an MLESA for a period starting July 1, 2024, through June 30, 2029, and to procure and allocate funds for such general law and additional services up to such amount appropriated in the City’s Annual Operating and Capital Budgets; and
WHEREAS, the City relies upon the City Manager or designee in partnership with the Station Captain of the LASD to implement the MLESA in such manner to best protect the public safety interests of the City of Maywood and to make such operational changes as necessary to implement the MLESA and fulfill the public safety needs of the City.

NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council of the City of Maywood does hereby resolve that:

Section 1. The City Council of the City of Maywood hereby approves the Municipal Law Enforcement Services Agreement between the City and the County for law enforcement and additional services for a five-year period beginning July 1, 2024, and expiring on June 30, 2029.

Section 2. The Mayor is authorized to execute the Municipal Law Enforcement Services Agreement on behalf of the City.

Section 3. The City Manager or his designee is authorized to procure annual services up to the appropriated amount provided in the City’s Annual Operating and

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Page 2 of 2 ends

Capital Budgets and to make any such operational changes to further the public safety interest of the City. Permanently deleting or adding positions will be brought back to the City Council for authorization and approval.

Section 4. The City requests that the Los Angeles County Board of Supervisors, or its designated agent or agency, approve and authorize the performance of services requested in this resolution, subject to the terms and conditions set forth in the MLESA and any other relevant agreement(s).

Section 5. The City Clerk shall attest and certify the adoption of this resolution.

PASSED, APPROVED AND ADOPTED this 26th day of June 2024. __________________________
Eddie De La Riva, Mayor
ATTEST:
_____________________________
Brian E. Juarez, City Clerk
_____________________________
Roxanne Diaz, City Attorney
I, Brian E. Juarez, City Clerk, hereby certify that Resolution 6365 was approved by vote of the City Council of the City of Maywood at its regular meeting of June 26, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Brian E. Juarez, City Clerk

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MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT

BY AND BETWEEN

COUNTY OF LOS ANGELES

AND CITY OF MAYWOOD

TABLE OF CONTENTS

SECTION TITLE PAGE
RECITALS............................................................................................................. 1

1.0 SCOPE OF SERVICES…………............................................................ 1

2.0 ADMINISTRATION OF PERSONNEL................................................. 2

3.0 DEPLOYMENT OF PERSONNEL......................................................... 3

4.0 PERFORMANCE OF AGREEMENT.................................................... 6

5.0 INDEMNIFICATION............................................................................... 7

6.0 TERM OF AGREEMENT........................................................................ 8

7.0 RIGHT OF TERMINATION................................................................... 9

8.0 BILLING RATES….................................................................................. 9

9.0 PAYMENT PROCEDURES.................................................................... 10

10.0 NOTICES……………………................................................................... 11

11.0 AMENDMENTS…………….................................................................... 11

12.0 AUTHORIZATION WARRANTY......................................................... 12

13.0 ENTIRE AGREEMENT.......................................................................... 12 SIGNATURES....................................................................................................... 13 ATTACHMENT A: Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form
ATTACHMENT B: Contract City Law Enforcement Services and Equipment Master Rate Sheet
ATTACHMENT C: Public Safety Equipment Use Requirements

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1 MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT

BY AND BETWEEN

COUNTY OF LOS ANGELES

AND CITY OF MAYWOOD
This Municipal Law Enforcement Services Agreement ("Agreement") is made and entered into this 26TH day of June 2024 by and between the County of Los Angeles ("County") and the City of Maywood ("City").

RECITALS
A. Whereas, the City is desirous of contracting with the County for the performance of municipal law enforcement services by the Los Angeles County Sheriff’s Department ("Sheriff's Department"); and
B. Whereas, the County is agreeable to rendering such municipal law enforcement services on the terms and conditions set forth in this Agreement; and C. Whereas, this Agreement is authorized by Sections 56½ and 56¾ of the County Charter and California Government Code Section 51301.

NOW THEREFORE, in consideration of the mutual covenants contained herein, and for good and valuable consideration, the parties mutually agree as follows:

1.0 SCOPE OF SERVICES

1.1 The County, by and through the Sheriff's Department, agrees to provide general law enforcement services within the corporate limits of the City to the extent and in the manner hereinafter set forth in this Agreement.

1.2 Except as otherwise specifically set forth in this Agreement, such services shall only encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by the Sheriff's Department under the County Charter, State of California statutes, and the City municipal codes.

1.3 General law enforcement services performed hereunder may include, if requested by the City, supplemental security support, supplemental sworn officer support, and supplemental professional civilian support staff.

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2 2.0 ADMINISTRATION OF PERSONNEL

2.1 During the term of this Agreement, the Sheriff or his designee shall serve as the Chief of Police of the City and shall perform the functions of the Chief of Police at the direction of the City.

2.2 The rendition of the services performed by the Sheriff's Department, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed shall remain with the County. The City understands and agrees that, at the Sheriff’s Department’s sole discretion, the Sheriff’s Department may redeploy personnel for mutual aid purposes pursuant to the California Emergency Services Act, codified at California Government Code Sections 8550-8668. Absent exigent circumstances, any sustained deployment of more than fifty percent (50%) of the City’s contracted items, with the calculation determined by service unit type, requires consultation with the City manager or his/her designee. For the purpose of this section, exigent circumstances are defined as such cases where the immediacy of deployment is of such nature where prior consultation is materially detrimental to public safety and the length of such deployment does not exceed 24 hours.

2.3 In the event of a dispute between the parties to this Agreement as to the extent of the duties and functions to be rendered hereunder, or the minimum level or manner of performance of such service, the City shall be consulted and a mutual determination thereof shall be made by both the Sheriff's Department and the City.

The City shall first consult with the Station Captain, Division Commander, and Division Chief, in an effort to reach a mutual determination. If a mutual determination cannot be realized at a subordinate level, then the matter will be elevated to a Sheriff’s Department Assistant Sheriff or the Sheriff.

2.4 With regard to Paragraphs 2.2 and 2.3 above, the Sheriff's Department, in an unresolved dispute, shall have final and conclusive determination as between the parties hereto.

2.5 All City employees who work in conjunction with the Sheriff’s Department pursuant to this Agreement shall remain employees of the City and shall not have

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3 any claim or right to employment, civil service protection, salary, or benefits or claims of any kind from the County based on this Agreement. No City employees as such shall become employees of the County unless by specific additional agreement in the form of a merger agreement which must be concurrently adopted by the City and the County. The Sheriff’s Department will provide approved City employees with the required training necessary to access authorized County programs (i.e. CAD, MDC, etc.), so such City employees can perform the functions of their positions.

2.6 While performing law enforcement services and functions under this Agreement, every Sheriff’s Department employee shall be authorized to enforce all City laws and regulations, including all City codes and ordinances.

2.7 The City shall not be called upon to assume any liability for the direct payment of any Sheriff's Department salaries, wages, or other compensation to any County personnel performing services hereunder for the City. Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee or agent of the County for injury or sickness arising out of the performance of services under this Agreement.

2.8 As part of its compliance with all applicable laws and regulations relating to employee hiring, the County agrees that the County Civil Service Rules to which it is subject and which prohibit discrimination on the basis of non-merit factors, shall for purposes of this Agreement be read and understood to prohibit discrimination on the basis of sexual orientation.

3.0 DEPLOYMENT OF PERSONNEL

3.1 Services performed hereunder and specifically requested by the City shall be developed in conjunction with the Sheriff's Department and indicated on Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement.

3.2 The City, or its designated representative, shall meet with its respective Sheriff's Department Station Captain when requesting law enforcement services to be performed in the City, and provide direction to the Sheriff's Department Station Captain regarding the method of deployment for such services. The City and the

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4 Sheriff’s Department shall also determine a minimum daily standard of staffing needs for services rendered to ensure an adequate personnel presence during station operation and patrol. The City and the Station Captain shall meet to discuss the minimum daily standard which is documented in Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement. The Station Captain shall endeavor to meet this standard without increased cost to the City. The Sheriff's Department shall ensure that all services are delivered in a manner consistent with the priorities, annual performance objectives, and goals established by the City.

3.3 The Sheriff's Department shall make every attempt to avoid deployment deficiencies (i.e., “busting” of cars) by following the daily minimum standard of staffing, as stipulated in Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement. Should deployment deficiencies occur, the Sheriff’s Department should make every effort to reallocate those resources to the shift where the deficiencies occurred. Should the Sheriff's Department determine that a temporary increase, decrease, and/or realignment in the deployment methodologies is necessary, the Sheriff's Department shall promptly notify the City of this change in advance. In the event that prior notice is not possible, the City shall be notified of the change within two (2) City business days. If monthly service compliance falls below ninety-eight percent (98%) for each service unit type, then the Sheriff's Department Station Captain shall meet with the City to discuss compliance and identify a plan for resolution. If the quarterly and/or year-to-date (September 30th, December 31st, March 31st, and June 30th) service compliance falls below ninety-eight percent (98%) for each service unit type, then the respective Sheriff's Department Division Chief shall meet with the Sheriff's Department Station Captain and the City to discuss compliance and identify a plan for resolution. If the City is dissatisfied with the outcome of either resolution process, the matter will be elevated to a Sheriff's Department Assistant Sheriff or the Sheriff until all City concerns are fully resolved. Resolution may include, but is not limited to, the use of overtime, staffing adjustments, and/or City-initiated service suspensions, at no additional cost to the

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5 City. If the City determines it is unnecessary, the City may waive either dispute resolution process discussed above.

3.3.1 The Sheriff’s Department shall monitor and make every attempt to backfill vacant and impaired (to include loaned) sworn supervisorial overhead positions by the beginning of the following quarter.

3.3.2 The Sheriff’s Department will work with the City to provide an appropriate tool and/or reports to demonstrate adequate service level compliance under this Agreement. Such service level compliance reports include, but not limited to, daily staffing levels, service levels, deployment of service units, daily deputy activity, or similar type data that is reasonably available.

3.4 A new Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement shall be authorized and signed annually by the City and the Sheriff or his designee effective each July 1, and attached hereto as an Amendment to this Agreement.

3.5 Should the City request a change in the level of service other than pursuant to the annual July 1 readjustment, a revised Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement shall be signed and authorized by the City and the Sheriff or his designee and attached hereto as an Amendment to this Agreement.

3.6 The most recent dated and signed Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement shall be the staffing level in effect between the County and the City.

3.7 The City is not limited to the services indicated in Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement. The City may also request any other service or equipment in the field of public safety, law, or related fields within the legal power of the Sheriff’s Department to provide. Such other services and equipment shall be reflected in a revised Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement under the procedures set forth in Paragraphs 3.4 and 3.5 above.

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6 3.8 With regard to any public safety equipment requested by the City and set forth on Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement, the City shall adhere to the terms and conditions set forth in Attachment C, Public Safety Equipment Use Requirements, of this Agreement.

3.9 When a contracted service unit, requiring the procurement of a vehicle at the onset of service, is deleted from the Service Level Authorization (SH-AD-575) , and the City reinstates said service unit within a 24-month period, the City will not be required to procure a vehicle.

4.0 PERFORMANCE OF AGREEMENT

4.1 For the purpose of performing general law enforcement services under this Agreement, the County shall furnish and supply all necessary labor, supervision, equipment, technology, communication facilities, and supplies necessary to maintain the agreed level of service to be rendered hereunder.

4.2 Notwithstanding the foregoing, the City may provide additional resources for the County to utilize in performance of the services.

4.2.1 All bailments require a separate Bailment Agreement governing the County’s use of the bailed equipment. Such Bailment Agreements shall be administered at the station level. A bailment is a legal arrangement where one party (City) temporarily transfers possession of specific property or assets to another party (County) to facilitate the provision of certain services.

4.2.2 All donations made by a City to the County will be governed by the most current Sheriff’s Department donation procedures.

4.2.3 The County, through the Sheriff’s Department, acknowledges its obligation to maintain an inventory of all non-vehicle equipment owned by the City (“City Equipment”) provided to the County for its use. The inventory shall include, but not limited to, a detailed description of each item of City Equipment, its serial number (if applicable), its condition upon receipt, and its location. The County shall be responsible for regularly updating and maintaining the inventory of City Equipment, including documenting any changes in the status, condition, or location of equipment. The inventory shall be kept current and accurate at all times during

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7 the term of this Agreement. Upon request by the City, the County shall provide access to the inventory records and facilitate any necessary inspections or audit of the City Equipment. The County shall cooperate fully with the City in verifying the accuracy and completeness of the inventory. In the event of loss, damage, or theft of any City Equipment while under the custody or control of the County, the County shall promptly notify the City in writing and provide a detailed explanation of the circumstances surrounding the incident. All inventory records shall be completed and maintained at the station level.

4.3 When and if both parties to this Agreement concur as to the necessity of maintaining a law enforcement headquarters or Sheriff’s Department substation within the City which would not normally be provided by the Sheriff’s Department, the City shall furnish at its own cost and expense all necessary office space, and the Sheriff’s Department shall have authority to negotiate with the City regarding which entity shall pay for furniture and furnishings, office supplies, janitor service, telephone, light, water, and other utilities.

4.4 It is expressly further understood that in the event a local office or building is maintained in the City, such local office or building may be used by the Sheriff’s Department in connection with the performance of its duties in territory outside of the City, provided, however, that the performance of such outside duties shall not be at any additional cost to the City.

4.5 Notwithstanding the foregoing, it is mutually agreed that in all instances where special supplies, stationery, notices, forms, and the like must be issued in the name of the City, the same shall be supplied by the City at its own cost and expense.

5.0 INDEMNIFICATION

5.1 The parties hereto have executed an Assumption of Liability Agreement approved by the County Board of Supervisors on December 27, 1977, and/or a Joint Indemnity Agreement approved by the County Board of Supervisors on October 8, 1991. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this Agreement as if set out in full herein.

5.2 The parties hereto have also executed a County-City Special Indemnity Agreement

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8 approved by the County Board of Supervisors on August 25, 2009. This document is made a part of and incorporated into this Agreement as if set out in full herein.

5.3 In the event the County Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date shall supersede the agreement previously in effect between the parties hereto.

5.4 Notwithstanding anything to the contrary contained in the Agreement, the indemnification term under this section shall be in effect for a period of nine (9) months, through and including March 31, 2025, with an automatic six-month (6) renewal thereafter, through and including September 30, 2025 (“Indemnification Extension”), unless: (a) this section is amended at any time prior to September 30, 2025; or (b) the entire Agreement is terminated earlier, pursuant to Section 7.0 of this Agreement. If the parties continue to perform under the Agreement after the expiration of the Indemnification Extension without any amendment to this section in accordance with Section 11.0, then the indemnification term under this section will be automatically renewed and incorporated herein for the entire duration of this Agreement.

6.0 TERM OF AGREEMENT

6.1 The term of this Agreement shall be from July 1, 2024 through June 30, 2029, unless sooner terminated or extended as provided for herein.

6.2 At the option of the County Board of Supervisors and with the consent of the City Council, this Agreement may be renewed or extended for successive periods not to exceed five (5) years each.

6.3 Nine (9) months prior to the expiration of this Agreement, the parties shall meet and confer in good faith to discuss the possible renewal or extension of this Agreement pursuant to Paragraph 6.2 above. The parties shall reach an agreement as to the terms of any renewal or extension period no later than six (6) months prior to the expiration of this Agreement. Absent mutual agreement by the parties within that time frame, this Agreement shall expire at the conclusion of the then-existing term.

7.0 RIGHT OF TERMINATION

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9 7.1 Either party may terminate this Agreement as of the first day of July of any year upon notice in writing to the other party of not less than one hundred eighty (180) calendar days prior thereto.

7.2 Notwithstanding any provision herein to the contrary, the City may terminate this Agreement upon notice in writing to the County given within sixty (60) calendar days of receipt of written notice from the County of any increase in the rate for any service to be performed hereunder, and in such an event this Agreement shall terminate sixty (60) calendar days from the date of the City’s notice to the County.

7.3 This Agreement may be terminated at any time, with or without cause, by either party upon written notice given to the other party at least one hundred eighty (180) calendar days before the date specified for such termination.

7.4 In the event of a termination, each party shall fully discharge all obligations owed to the other party accruing prior to the date of such termination, and, except as otherwise provided herein, each party shall be released from all obligations which would otherwise accrue subsequent to the date of termination.

7.5 In the case of termination of this Agreement, the Sheriff will provide only such duties as are required by law.

8.0 BILLING RATES

8.1 The City shall pay the County for the services and equipment provided under the terms of this Agreement at the billing rates set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement, as established by the County Auditor-Controller.

8.2 The billing rates set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement shall be readjusted by the County Auditor-Controller annually effective July 1 of each year, published by the County, and attached hereto as an Amendment to this Agreement, to reflect the cost of such service in accordance with the policies and procedures for the determination of such rates as adopted by the County Board of Supervisors.

8.3 The City shall be billed at the current fiscal year’s billing rates based on the service level provided within the parameters of Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this

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10 Agreement.

8.4 The billing rates for other services and equipment requested pursuant to Paragraph

3.7 of this Agreement and not set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement shall be determined by the County Auditor-Controller in accordance with the policies and procedures established by the County Board of Supervisors and then set forth and published on a revised Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement.

9.0 PAYMENT PROCEDURES

9.1 The County, through the Sheriff's Department, shall render to the City, after the close of each calendar month, a summarized invoice which covers all services performed during said month, and the City shall pay the County for all undisputed amounts within sixty (60) calendar days after date of the invoice.

9.2 If such payment is not delivered to the County office which is described on the invoice within sixty (60) calendar days after the date of the invoice, the County is entitled to recover interest thereon. For all disputed amounts, the City shall provide the County with written notice of the dispute including the invoice date, amount, and reasons for dispute within ten (10) calendar days after receipt of the invoice.

The parties shall memorialize the resolution of the dispute in writing. For any disputed amounts, interest shall accrue if payment is not received within sixty (60) calendar days after the dispute resolution is memorialized.

9.3 Interest shall be at the rate of ten percent (10%) per annum or any portion thereof, calculated from the invoice due date, or in the case of disputed amounts, calculated from the date the resolution is memorialized.

9.4 Notwithstanding the provisions of California Government Code Section 907, if such payment is not delivered to the County office which is described on said invoice within sixty (60) calendar days after the date of the invoice, or in the case of disputed amounts, from the date the resolution is memorialized, the County may satisfy such indebtedness, including interest thereon, from any funds of the City on deposit with the County without giving further notice to the City of the County's intention to do so.

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11 10.0 NOTICES

10.1 Unless otherwise specified herein, all notices or demands required or permitted to be given or made under this Agreement shall be in writing and shall be hand delivered with signed receipt or mailed by first class registered or certified mail, postage prepaid, addressed to the parties at the following addresses and to the attention of the person named. Addresses and persons to be notified may be changed by either party by giving ten (10) calendar days prior written notice thereof to the other party.

10.2 Notices to the County shall be addressed as follows:

Los Angeles County Sheriff's Department
Contract Law Enforcement Bureau
Attn: Unit Commander
211 W. Temple Street. 7th Floor
Los Angeles, California 90012
Phone #: 213-229-1647

10.3 Notices to the City of shall be addressed as follows:

City of Maywood
Attn: Jennifer Vasquez, City Manager
Address: 4319 E. Slauson Avenue
Maywood CA90270
Phone #: (323) 562-5714

11.0 AMENDMENTS

11.1 Except for changes pursuant to Paragraphs 8.2 and 8.4 of this Agreement, all changes, modifications, or amendments to this Agreement must be in the form of a written Amendment duly executed by the County Board of Supervisors and an authorized representative of the City.

11.2 Notwithstanding Paragraph 11.1 above, the Sheriff or his designee is hereby authorized to execute, on behalf of the County, any Amendments and/or supplemental agreements referenced in Sections 3.0, 4.0, and 9.0 of this Agreement.

11.3 In accordance with Paragraphs 8.2 and 8.4 of this Agreement, the Sheriff or his designee is hereby authorized to publish, on behalf of the County, the annual revised Attachment B, Contract City Law Enforcement Services and Equipment

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12 Master Rate Sheet, of this Agreement. The revised Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement shall serve as an Amendment to this Agreement, but shall not require the signature of either party.

12.0 AUTHORIZATION WARRANTY

12.1 The City represents and warrants that the person executing this Agreement for the City is an authorized agent who has actual authority to bind the City to each and every term, condition, and obligation of this Agreement and that all requirements of the City have been fulfilled to provide such actual authority.

12.2 The County represents and warrants that the person executing this Agreement for the County is an authorized agent who has actual authority to bind the County to each and every term, condition, and obligation of this Agreement and that all requirements of the County have been fulfilled to provide such actual authority.

13.0 ENTIRE AGREEMENT
This Agreement, including Attachment A, Attachment B, and Attachment C, and any Amendments hereto constitute the complete and exclusive statement of understanding of the parties which supersedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter of this Agreement. No change to this Agreement shall be valid unless prepared pursuant to Section 11.0, Amendments, of this Agreement.

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13 MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT

BY AND BETWEEN

COUNTY OF LOS ANGELES

AND CITY OF MAYWOOD
IN WITNESS WHEREOF, the County of Los Angeles, by order of its Board of Supervisors, has caused this Agreement to be executed by the Sheriff of Los Angeles County, and the City has caused this Agreement to be executed by its duly authorized representative, on the dates written below.

COUNTY OF LOS ANGELES
By ________________________________
ROBERT G. LUNA
Sheriff
Date _______________________________

CITY OF MAYWOOD
By ________________________________
Eddie De La Riva, Mayor
Date ___June 26, 2024________________
ATTEST:

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

DAWYN R. HARRISON CITY ATTORNEY
County Counsel
By: _________________________ By: _________________________ Principal Deputy County Counsel Roxanne Diaz, City Attorney

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1 Attachment A

PUBLIC SAFETY EQUIPMENT USE REQUIREMENTS

1.0 TRANSFER OF PUBLIC SAFETY EQUIPMENT

1.1 The County, through the Sheriff’s Department, hereby transfers the public safety equipment set forth on Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement ("Equipment") for the exclusive use of the City during the term of the Agreement.

2.0 USE OF EQUIPMENT

2.1 The City may use the Equipment for any lawful purpose, including use in connection with public safety activities in all areas under the City’s jurisdiction.

2.2 The City shall not use or operate the Equipment in violation of any federal, state, or local law, rule, regulation, or ordinance.

2.3 The Equipment shall not be used or operated as follows:

2.3.1 In a manner subjecting the Equipment to depreciation above the normal depreciation associated with public safety use; and/or

2.3.2 For an illegal purpose or by a person under the influence of alcohol or narcotics.

3.0 SAFEKEEPING AND MAINTENANCE

3.1 The City shall exercise due care for the safekeeping of the Equipment during the term of the Agreement.

3.2 The City shall ensure that the Equipment is kept in good working order and condition, shall ensure that the Equipment is scheduled and available to County for the performance of its regularly scheduled maintenance by the County, and shall comply in every respect with any manufacturer’s/owner’s manual that comes with the Equipment.

3.3 The County shall perform all maintenance and repairs required for the proper operation of the Equipment. Except as otherwise set forth herein, such maintenance and repairs are provided in exchange for the City's payment of the annual billing rates set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of the Agreement. The City has the right to inspect said Equipment prior to acceptance of the Equipment following maintenance and repairs by the County.

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2 3.4 Maintenance and repairs provided by the County under the Agreement may be performed by the County, its third party vendors, and/or the manufacturer of the Equipment.

3.5 The County shall assume responsibility for ensuring that the Equipment has been inspected or otherwise tested in accordance with the laws of the State of California and the United States prior to use by the City.

3.6 The City shall inspect the Equipment upon initial delivery and return from County following maintenance and repair, and, by acceptance thereof, finds the Equipment in good working order and condition.

3.7 The Equipment shall be maintained and repaired solely by the County. The City and any of its third party vendors are prohibited from performing any maintenance and repairs on the Equipment.

3.8 All regularly scheduled maintenance shall be performed by the County, and the City shall timely present the Equipment to the County for the performance of regularly scheduled maintenance at the direction of, and in accordance with the policies and procedures of, the Sheriff's Department's Communications and Fleet Management Bureau. The Sheriff’s Department shall make every effort to perform any maintenance in a timely manner.

3.9 Any Equipment requiring maintenance and repair by the County for any extended length of time, as determined by the Sheriff's Department's Communications and Fleet Management Bureau, will make best efforts to provide a temporary replacement piece of Equipment if such extended time exceeds or is projected to exceed sixty (60) calendar days. All terms and conditions set forth herein shall apply to the City's use of any temporary replacement Equipment provided by the County. The County shall not be responsible for any damages or liability resulting from the City's loss of use of the Equipment during the performance of maintenance and repair services by the County.

4.0 INSPECTION BY COUNTY

4.1 The County shall have the right to inspect the Equipment, immediately upon request by the County, at any time during the term of the Agreement. The City shall provide the County with such operating, and other information, or copies of any such records maintained by the City with respect to the Equipment, as the County or any government agency may require from time to time.

5.0 TITLES

5.1 The County shall retain ownership of the Equipment used by the City during the term of the Agreement. Legal title to the Equipment is, and shall, at all times, remain in the name of the County. The Equipment shall not be transferred or delivered by the City to any persons other than the County without the County’s

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3 prior written consent.

6.0 INDEMNIFICATION

6.1 The City agrees to indemnify, defend, and hold harmless the County from any and all liability, losses, or damages the County may suffer and from any claims, demands, costs, or judgments against the County arising out of City’s use or operation of the Equipment. This indemnification does not extend to (1) any liability resulting from inherent defects or malfunctions in such Equipment related to manufacturer’s acts or omissions, or (2) negligent or wrongful maintenance or repair of the Equipment provided by the County.

7. RISK OF LOSS

7.1 The City shall assume all risk of loss to the Equipment from the time it is delivered by the County to the City, and inspected and accepted by the City, until (1) the Equipment is returned to the County upon expiration or termination of the Agreement, or (2) the County regains temporary possession of the Equipment for purposes of providing maintenance and repair.

7.2 Upon inspection/acceptance of the Equipment, the City shall be responsible for any and all damage to the Equipment, except those damages resulting from (1) inherent defects or malfunctions in such Equipment related to manufacturer’s acts or omissions, or (2) the negligent or wrongful maintenance or repair of the Equipment provided by the County.

7.3 In the event of damage to the Equipment or the Equipment is in need of repair, the City shall notify the County to that effect and follow such instructions that the County may provide with respect to repair or disposal of the Equipment. If the Equipment is lost, stolen, destroyed, or declared to be a total constructive loss (subject to the County's agreement as to such condition), the City shall properly notify the County thereof and hold any Equipment for disposal by the County.

With respect to any loss, theft, or destruction of the Equipment, the County and the City shall negotiate the value for comparable equipment in a condition similar to the lost, stolen, or destroyed Equipment immediately prior to any such loss.

The City shall reimburse the County for the value of the lost, stolen, or destroyed Equipment.

8.0 BILLING RATES

8.1 As further discussed in Section 8.0, Billing Rates, of the Agreement, the City shall pay the County for the use of the Equipment provided under the Agreement at the annual billing rates set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of the Agreement, as established by the County Auditor-Controller.

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1 Attachment C

PUBLIC SAFETY EQUIPMENT USE REQUIREMENTS

1.0 TRANSFER OF PUBLIC SAFETY EQUIPMENT

2.0 USE OF EQUIPMENT

2.1 The City may use the Equipment for any lawful purpose, including use in connection with public safety activities in all areas under the City’s jurisdiction.

2.2 The City shall not use or operate the Equipment in violation of any federal, state, or local law, rule, regulation, or ordinance.

2.3 The Equipment shall not be used or operated as follows:

2.3.1 In a manner subjecting the Equipment to depreciation above the normal depreciation associated with public safety use; and/or

2.3.2 For an illegal purpose or by a person under the influence of alcohol or narcotics.

3.0 SAFEKEEPING AND MAINTENANCE

3.1 The City shall exercise due care for the safekeeping of the Equipment during the term of the Agreement.

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2 3.4 Maintenance and repairs provided by the County under the Agreement may be performed by the County, its third party vendors, and/or the manufacturer of the Equipment.

3.7 The Equipment shall be maintained and repaired solely by the County. The City and any of its third party vendors are prohibited from performing any maintenance and repairs on the Equipment.

4.0 INSPECTION BY COUNTY

5.0 TITLES

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3 prior written consent.

6.0 INDEMNIFICATION

7. RISK OF LOSS

The City shall reimburse the County for the value of the lost, stolen, or destroyed Equipment.

8.0 BILLING RATES

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COUNTY-CITY SPECIAL INDEMNITY AGREEMENT
THIS AGREEMENT ("Agreement"), dated for reference purposes on the lst day of July, 2010, is made and entered into between the County of Los Angeles, hereinafter referred to as the 11County," and the City of Maywood, hereinafter referred to as the "City."

RECITALS
A. The City desires the performance of law enforcement services to be provided by the County, its officers, agents and employees, pursuant to a Municipal Law Enforcement Services Agreement, which contract the parties may in the future extend, renew and amend, and enter into other and further contracts for the performance of such services (hereinafter referred to as "MLESA"); and B. The City and the County have heretofore contracted for the indemnification of the City by the County, utilizing the Liability Trust Fund ( 11LTF11) for the acts
and omissions committed by the County's employee in the course and scope of providing services under a MLESA agreement, as more particularly described as the Joint Indemnity Agreement and/ or Assumption of Liability Agreement (hereinafter referred to as" Joint Indemnity Agreement") which has remained in full force and effect to the present time; and C. In accordance with the Joint Indemnity Agreement, the County established the LTF, as provided in that agreement. In accordance with the Joint Indemnity Agreement, the City is required to pay monies into the LTF. The

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AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 28.

DATE: June 26, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: JENNIFER VASQUEZ, CITY MANAGER
SUBJECT: CONSIDERATION OF SETTING A PUBLIC HEARING FOR JULY 24, 2024, LEADING

TO THE ADOPTION OF A RESOLUTION AUTHORIZING DELIQUENT RUBBISH

COLLECTION CHARGES TO BE PLACED AS LIENS ON REAL PROPERTY IN THE

CITY OF MAYWOOD
RECOMMENDATION:

Staff recommends that the City Council approve the setting of a public hearing on July 24, 2024; for the adoption of a resolution authorizing the City Manager or her designee to impose delinquent rubbish charge liens on real property in the City of Maywood.

BACKGROUND:

Title 6 (Sanitiation and Health) Section 6-2.210 (Billing and Collection) of the Maywood Municpal Code, rubbish collection charges become a lien on a real property if the owner of the property served does not make payment directly to the rubbish collector.

The City and UWS has mailed notices to delinquent customers providing them with the total due plus late penalties. In addition, a public hearing notice was published on June 13, 2024. However, at this time staff is not moving forward with the public hearing and instead providing more time for customers to settle their delinquent rubbish charge.

DISCUSSION:

Pursuant to Ordinance No. 88-344, Section 6-2.210 of the City of Maywood Municipal Code, rubbish collection charges become a lien on real property if the owner of the property served does not make payment directly to Universal Waste Systems (UWS) for the collection, removal and disposal of residential refuse. UWS will mail notices to property owners whose accounts are delinquent, notifying them of the amounts due, and of the public hearing date so that they may provide testimony.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

ATTACHMENT(S)

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1. Ordinance No 88-344 Rubbish

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Maywood City CouncilJune 26, 2024

Maywood City Council
June 26, 2024