City of Maywood | CAARP Phase 2 Community Outreach B.2
City of Maywood I Climate Action, Adaptation, and Resilience Plan Phase 2 (Community Outreach) Hrs@ $235 Hrs@ $175 Hrs@ $150 Hrs@ $135 Hrs@ $125 Hrs@ $115 Hrs@ $110 Hrs@ $100 Task 1: Project Management and Coordination
1.1 Kickoff Meeting 10 $2,350 0 $0 0 $0 0 $0 0 $0 12 $1,380 0 $0 $0 22 $3,730 $3,730
1.2 Project Management Meetings, Project Management and Coordination 80 $18,800 2 $350 2 $300 0 $0 0 $0 20 $2,300 4 $440 12 $1,200 120 $23,390 $23,390 Subtotal 90 $21,150 2 $350 2 $300 0 $0 0 $0 32 $3,680 4 $440 12 $1,200 142 $27,120 $0 $27,120 Task 2: Educational and Informational Materials
2.1 Educational and Informational Materials 16 $3,760 0 $0 0 $0 20 $2,700 0 $0 80 $9,200 40 $4,400 4 $400 160 $20,460 $2,500 $22,960 Subtotal 16 $3,760 0 $0 0 $0 20 $2,700 0 $0 80 $9,200 40 $4,400 4 $400 160 $20,460 $2,500 $22,960 Task 3: Public Outreach
3.1 Community Interviews/Focus Groups (7) 8 $1,880 0 $0 0 $0 0 $0 8 $1,000 16 $1,840 4 $440 0 $0 36 $5,160 $5,160
3.2 Community Engagement Activities 16 $3,760 0 $0 0 $0 0 $0 40 $5,000 148 $17,020 102 $11,220 16 $1,600 322 $38,600 $1,200 $39,800
3.3 Community Survey 8 $1,880 4 $700 4 $600 0 $0 0 $0 40 $4,600 40 $4,400 4 $400 100 $12,580 $500 $13,080
3.4 Community Input Summary 4 $940 0 $0 0 $0 0 $0 0 $0 20 $2,300 0 $0 0 $0 24 $3,240 $0 $3,240
3.5 Outreach and Communication 4 $940 0 $0 0 $0 12 $1,620 0 $0 20 $2,300 0 $0 4 $400 40 $5,260 $1,200 $6,460 Subtotal 40 $9,400 4 $700 4 $600 12 $1,620 48 $6,000 244 $28,060 146 $16,060 24 $2,400 522 $64,840 $2,900 $67,740 Task 4: Advisory Committee
4.1 Advisory Committee Facilitation (6) 72 $16,920 0 $0 0 $0 0 $0 0 $0 80 $9,200 0 $0 12 $1,200 164 $27,320 $500 $27,820 Subtotal 72 $16,920 0 $0 0 $0 0 $0 0 $0 80 $9,200 0 $0 12 $1,200 164 $27,320 $500 $27,820 218 $51,230 6 $1,050 6 $900 32 $4,320 48 $6,000 436 $50,140 190 $20,900 52 $5,200 988 $139,740 $5,900 $145,640 5% Markup (Direct Costs/Administrative) $295 $295
$145,935
Optional Tasks
5.0 Dual mode, randomized sample survey (FM3) $34,100
NTE $0
Cushion
Optional Tasks Subtotal $34,100
Professional
Fees
Totals
MIG, Inc.
S. Perez Rojas MIG
Project
Assistant
Project Project Associate
Associate
Managing
Principal
D. Cisneros A. Ramirez
e s t i m a t e d p r o j e c t c o s t
Direct
Costs Analyst Project Associate
TOTAL PROJECT COSTS
MIG
Totals
Digital
Engagement
E. García
Graphic
Designer
J. Gutierrez
SUBTOTAL
S. Pavón
The MIG Team’s Estimated Project Cost for the CAARP Phase 2 Community Outreach is provided below. MIG is amenable to adjusting the scope of work and budget, if requested by the City. Should we be selected, it is our intention to review each assignment’s objectives carefully with City staff and tailor our scope and cost to best meet Maywood’s needs and resources.
Detailed Cost Proposal
ESTIMATED PROJECT COST
T
INSTITUTE FOR LOCAL GOVERNMENT 1400 K STREET, SUITE 205, SACRAMENTO, CA 95814 WW.CA-ILG.ORG June 11, 2024
City of Maywood
Attention: Miguel Leon
4319 Slauson Avenue
Maywood, CA 90270
Re: Maywood Engaged: City of Maywood Climate Action, Adaptation, and Resilience Plan Phase 2 RFP Response
Dear Miguel Leon,
The Institute for Local Government (ILG) is pleased to submit the following proposal to serve as the community engagement lead for phase two of Maywood’s Climate Action, Adaptation, and Resilience Plan.
ILG meets all the general requirements outlined in the RFP and is excited about the prospect of collaborating with the City of Maywood to deliver a comprehensive plan that embodies the principles of equity, collaboration, and authentic community engagement.
ILG has been a long-standing partner of the City of Maywood and the Gateway Cities Region for almost a decade. We helped develop the original Regional Climate Action Planning Framework, led engagement efforts for the City of Paramount’s Climate Action and Resilience Plan, and spearheaded Phase 1 of the Climate Action, Adaptation and Resilience Plan (CAARP) for the City of Maywood.
It would be an honor for us to lead phase two of the engagement for Maywood’s CAARP, and that could provide a seamless continuation of the City’s efforts. We welcome the opportunity to leverage our experience working with the city to build meaningful relationships with the community to ensure the active involvement of Maywood’s diverse residents.
During Phase 1, we prioritized community education, working with the city’s stellar staffto develop educational materials and an accessible survey to engage the community. The ILG team participated in community events and utilized a variety of communication channels to increase engagement, such as working with local schools and CBOs to help distribute the survey through their networks.
Through our collaborative efforts, we have identified promising practices and successful community engagement strategies unique to Maywood that we are excited to implement if we are awarded Phase 2 of this project.
We look forward to continuing our work with the City of Maywood and appreciate your consideration of our proposal. Should you have any questions, please reach out to Roberto Carlos Torres, at [email protected] or at (619) 535-9352.
Sincerely
Erica L. Manuel
CEO & Executive Director, Institute for Local Government
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City of Maywood
Climate Action, Adaptation, and Resilience Plan Phase 2 (Community Outreach) RFP Response
Project Title:
Maywood Engaged
Submitted by:
Institute for Local Government
c/o: Roberto Carlos Torres
1400 K Street, Suite 205
Sacramento, CA 95814
INSTITUTE FOR LOCAL GOVERNMENT 1400 K STREET, SUITE 205, SACRAMENTO, CA 95814 WWW.CA-ILG.ORG
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Table of Contents
Section 1: General Application Information .....................................................................................3 Section 2: Experience & Qualifications.............................................................................................4 Background and Experience:..............................................................................................................................................4 Project/Team Management Plan:........................................................................................................................................4 Project Team:......................................................................................................................................................................5 References ..........................................................................................................................................................................7 Section 3: Approach & Scope of Work..............................................................................................8 Work Plan:...........................................................................................................................................................................8 Section 4: Cost Proposal..................................................................................................................11 Proposed Budget...............................................................................................................................................................11 Attachment 1 – Team Resumes.......................................................................................................12
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Section 1: General Application Information
Project Title: Maywood Engaged
Project Proposer: Institute for Local Government
Project Contact: Roberto Carlos Torres
Senior Program Manager
[email protected]
(619) 535 - 9352
Project Summary: ILG has put together an experienced team to continue the work of developing and adopting the City of Maywood Climate Action, Adaptation, and Resilience Plan (CAARP). We recognize the importance of empowering the Maywood community and have assembled a team with Spanish language capability, experience working in Maywood, and expertise in training and implementing authentic public engagement. The project team’s mission will be to empower help the City of Maywood empower residents by having a greater say in the development of the CAARP.
ILG proposes a series of outreach activities to engage Maywood residents and gain a better understanding about the community’s goals and priority actions related to climate action, adaptation and resilience. ILG’s efforts will build on the community survey we developed and distributed during Phase 1. ILG will also assist the city in convening an advisory committee, participate in focus groups or workshops, and develop additional content needed to further prioritize resident voices in the development of the CAARP. ILG will work with the city to ensure that the feedback received from the community is properly incorporated into the plan and will provide any needed support to finalize the plan and move along the city’s adoption process.
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Section 2: Experience & Qualifications
Background and Experience:
For more than 65 years, ILG has been the go-to nonprofit resource for local governments on issues related to leadership, governance, public engagement, climate action and more. Cities that want to increase their understanding of authentic, and inclusive public engagement and increase their skills in developing meaningful community partnerships, rely on ILG for training, technical assistance, strategic counsel and neutral facilitation. ILG has significant experience working with under-resourced communities and local governments, and facilitating strong community partnerships that elevate community priorities, foster strong partnerships, and support state climate and equity goals. Our team has unique knowledge of complex and cross-sectoral issues affecting local government, with a track record of successfully coordinating efforts around planning, community engagement, and climate resilience strategies.
ILG has trained thousands of local government staff on authentic public engagement and facilitated numerous community meetings and customized capacity-building workshops. We’ve also provided technical assistance to dozens of local agencies. We specialize in facilitating meaningful community partnerships and making sure the right people are at the table to develop policies, plans and projects in pursuit of more equitable communities.
ILG has worked with many local governments on climate adaptation,resilience, mitigation, and environmental justice. For example, we facilitated four separate AB 617 steering committees as part of the AB 617 Community Air Protection Program in the San Joaquin Valley and oversaw community engagement for the City of San Diego’s Climate Action Plan Update and the City of Maywood’s Climate Action Adaptation and Resilience Plan (Phase 1). We also managed stakeholder engagement with the nonprofit community to increase engagement in disadvantaged communities to help inform the City of San Diego’s Climate Action Plan update.. In the City of La Puente, ILG currently leads the effort to develop the city’s first Environmental Justice Element of their General Plan.
Project/Team Management Plan:
The Project Team has experience working in Maywood and facilitating strong community partnerships that elevates community priorities, empowers community voices, fosters strong partnerships, and supports state and local climate and equity goals. This team has worked on many efforts and is comprised of some of the leading thought leaders on planning, community engagement, and climate resilience strategies. We are excited to propose this effort to help the Maywood community and city draft and adopt its first ever CAARP.
The management structure of the team is referenced in the below organizational chart.
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Roberto Carlos Torres will serve as the Project Manager for this project. He will be responsible for coordination between the city, the Project Team, and stakeholders. As the Project Manager, Roberto will be deeply involved in all aspects of the project, including crafting the city’s messaging, authentically gathering the communities input, and managing any and all other aspects necessary to draft the final plan.
Nikita Sinha will support Roberto with the community outreach and engagement, as well as support the creation of the CAARP Advisory Committee. Erica Manuel and Karalee Browne will provide thier professional expertise and experience leveraging their relationships and knowledge of Maywood, the local region, and sustainability and public engagement best practices. Kristy Bivens will provide administrative support as needed.
Project Team:
Roberto Carlos Torres, Senior Program Manager
Project Role: Lead
Roberto Carlos Torres leads ILG’s Public Engagement pillar. With over a decade of experience as a community organizer across California, Roberto utilizes a community-centered and community-led approach to engagement, enhancing the relationship between local governments and the communities they serve. He specializes in assisting local agencies on how to analyze and incorporate policies that nurture a more diverse and inclusive form of engagement and equity within government institutions. Prior to joining ILG, Roberto served as the first Climate Equity Specialist for the City of San Diego where he worked to reimagine how San Diego’s Communities of Concern would be best served. He led the city’s efforts to co-develop the first-of-its-kind Climate Equity Index in partnership with various community-based organizations and instituted an innovative and more inclusive approach to community engagement. Roberto earned a dual bachelor’s degree in government and communication studies at Sacramento State University and has previously worked in the cities of San Pablo and Institute for Local
Government
Roberto C. Torres -
Project Manager
Administrative Team
Erica Manuel - Executive
Director
Kristy Bivens - Admin
Suport
Project Team
Roberto C. Torres - Project Manager
Karalee Browne - Assistant Executive
Director
Nikita Sinha - Project Support
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Richmond, as well as in the Office of Governor Arnold
Schwarzenegger and the California Energy Commission.
Nikita Sinha, Program Manager
Project Role: Support
Nikita is a sustainability professional who is interested in building and supporting healthy, sustainable, and accessible communities. She leads ILG’s Beacon program and supports ILG”s engagement efforts for the Sustainable Transportation Equity Project (STEP) in Stockton.
She has worked on local water use efficiency partnerships at the Sonoma County Water Agency, and land use issues in the South Bay Area with Greenbelt Alliance. Prior to joining ILG, Nikita led the Walk San Jose program at California Walks, addressing local transportation and mobility issues in San Jose.
Kristy Bivens, Associate Manager
Program Role: Administrative Support
Kristy Bivens currently serves as office manager and bookkeeper for ILG. Born and raised in the city of New Orleans, Kristy has seen firsthand the impact of the neglect that unserved and underserved communities have on society as a whole. Kristy moved to California to attend college where she was formally trained in classical voice and composition. It was there that she began working with inner-city children and could clearly see where the true work was needed. She began her work with nonprofits over 20 years ago providing resources and training to advocates for marginalized communities throughout the state via People, Parks, and Programs.
Erica L. Manuel, CEO & Executive Director
Project Role: Authorizing Executive/Advisor
Erica has over 20 years of experience helping public, private and nonprofit organizations implement innovative policies to provide strong leadership, advance climate resilience, support economic development, engage communities and drive positive change. Prior to joining ILG in 2019, Erica served as a senior leader at the Sacramento Municipal Utility District, she was an appointee of Governor Schwarzenegger and a public relations executive with Edelman Public Relations, among others. Erica is committed to public service, volunteerism, and authentic community engagement. She serves on numerous statewide boards, committees, and councils. She is also certified in Nonprofit Management, Dignity Infused Community Engagement, Corporate Social Responsibility and GRI Sustainability Reporting. Erica has considerable experience with AB 617, serving as a facilitator for many of the San Joaquin steering committees from
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2020-2021. She has also participated on the AB 617 Consultation Group for three years providing a local government perspective with a community-informed lens. For this project, Erica will serve as an advisor on strategy, engagement and communications, and will oversee the development of the reports.
Karalee Browne, Assistant Executive Director
Project Role: Project Support/Advisor
Karalee Browne is the Assistant Executive Director of the Institute for Local Government. Serving ILG for almost a decade, Karalee has developed and managed many of ILG’s flagship efforts including the BOOST Program, the Beacon Program, and ILG’s technical assistance programs and associated work on Housing, Transportation and Health, all which seek to create more sustainable, equitable and resilient communities across California. Karalee has served on the Governor’s Integrated Climate Adaptation and Resilience Program Technical Advisory Committee and as an advisor for several local Climate Action Planning efforts including San Diego’s community-led equity outreach project and the City of Sacramento and West Sacramento Mayor’s Commission on Climate Change as an advisory member for the Health and Resilience committee.
Full resumes are included as an Attachment 2.
References
1. City of La Puente
Abraham Tellez, [email protected], (626) 855-1513
ILG is working with the City of La Puente to develop their first Environmental Justice Element and have overseen their community engagement efforts.
2. San Joaquin Council Of Governemnts (SJCOG)
Kim Anderson, [email protected], (209) 310-0884
ILG is working with the SJCOG to implement and oversee the community engagement for the Stockton Mobility Collective project and other community engagement efforts across the region.
3. City of San Diego
Shelby Buso, [email protected], (858) 492-6005
ILG oversaw community-based organizations and assisted with the community outreach, education, and engagement around the city’s update to their Climate Action Plan.
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Section 3: Approach & Scope of Work
Work Plan:
For Phase 2 of the CAARP, ILG will work with the city to present a list of feasible GHG reduction and adaptation strategies to the community for feedback, prioritization, and ranking. The input received from the community will help inform the adaptation and resilience strategies to be included in the final CAARP.
How the process is managed and carried out will be very important to empower Maywood residents and guide the city’s decisionmaking in finalizing the CAARP.
The community engagement strategy for Phase 2 will build upon our work from Phase 1, and continue to emphasize educating and informing residents and will build on relationships established throughout Phase 1. This approach will include a combination of online surveying, attending in-person events, making phone calls, and hosting virtual meetings via Zoom to provide information and collect input from community members and interested stakeholders.
For Phase 2, we propose the following:
ADMINISTRATION
To administer this contract, ILG agrees to submit regular invoices, at least monthly, along with activity reports. ILG will also attend a kick-off meeting and regular Project Team check ins (at least monthly), as the city deems necessary, and not to exceed 24 meetings.
Project Deliverables: Attend team meetings, monthly invoices, activity reports COMMUNITY OUTREACH & ENGAGEMENT (RFP TASK 3)
Authentic community engagement and outreach is essential to ensuring a positive participatory experience that empowers residents to have a greater say in Maywood. Empowering residents in environmental justice communities, like Maywood, is critical to the success of any climate action, adaptation, and resilience effort. With ILG’s previous experience in Maywood, we believe that a series of community workshops, focus groups, and surveys can successfully engage residents, gather their input on climate priorities, and build a working partnership for attaining the city’s climate and resiliency goals.
1. Survey Development: Develop and distribute a survey that seeks to understand the community’s priorities and desired outcomes. ILG will design an online and print survey to collect information from the community on high level priorities and values related to climate.
Previous survey results will help shape this second survey and also serve to educate participants on feedback already collected in previous phases.
The feedback from the survey will help with prioritizing measures that will be included in the CAARP. The survey will be available in English and Spanish. ILG will work with city staff to distribute the survey through social media, partners, and at in-person events. ILG will compile, analyze, and summarize survey results.
2. Focus Groups and Workshops: ILG will work with the city to schedule and host phone interviews and virtual meetings with local community leaders that represent diverse stakeholder groups for more in-depth discussions on priorities and feedback on proposed
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strategies. We will produce a recommended list of stakeholders to include for the City’s approval and ensure the selected group is representative of the Maywood community.
ILG may also provide in-person support for up to two community events, as desired. This includes help planning for the event, meeting design and facilitation plan, and all other aspects as needed. ILG will connect with CBO leaders, schools, and City Councilmembers to share updates on the CAARP and hear their climate priorities as well. ILG will compile, analyze, and summarize information collected on these calls to help prioritize CAARP measures.
3. Review of Feedback: After conducting a series of focus group discussions, community workshops, and upon closing the survey, ILG will analyze the feedback collected and idenfity key themes and insights to include into the CAARP, along with a prioritization of actions/concerns per the community feedback and ranking.
4. Content Creation: ILG will work with the city to update the CAARP webpage, online resources, and messaging. ILG will develop educational language on phase 2 of the CAARP for the city to update the CAARP website , which will serve as a central repository for the public to view information, engage with a survey, and submit comments. Information provided will build on engagement from Phase 1, which included an overview of the purpose of the CAARP, updates on what the city has completed so far, results of the Phase 1 survey, and information on how the community’s input will be incorporated. ILG will also develop talking points for informing residents and local leaders on the CAARP.
5. Community Input Integration: ILG will work with the city to ensure all feedback received is integrated into the CAARP and help translate the feedback into actions, goals, and strategies for the plan. A spreadsheet of all input will be put together to showcase the feedback received, and how the feedback can be incorporated into the CAARP.
Project Deliverables: Draft and final survey, webpage language, summary of engagement activities and key themes and community priorities, focus group and workshop notes, content for outreach activities, attendance in virtual and/or in-person focus groups/workshops.
ADVISORY COMMITTEE SUPPORT (RFP TASK 4)
An advisory committee can be very beneficial for empowering Maywood residents and community stakeholders. It can also present unique challenges and therefore requires strong guidance and facilitation to ensure productive meetings. ILG will attend the virtual Advisory Committee meetings and support the city in facilitation of meetings. ILG will work with the city to educate committee members on the status of the CAARP.
1. Education Support: ILG will work with the city to ensure the advisory committee is informed on the importance and potential impact of the CAARP, along with status updates and the process goals and objectives. ILG will assist with the development of meeting materials and be available to answer any questions the committee may have pertaining to the public outreach and engagement efforts, as well as integration of the feedback into the plan.
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2. Meeting Facilitation: ILG will work with the city to attend up to three, two-hour advisory committee meetings virtually and support the facilitation of the meetings as needed. ILG will also support the agenda development and assist with maintaining positive, engaging, and productive meetings. Should the city need more meetings or time, ILG can be available for an hourly rate dependant on which ILG staff member is involved.
3. Content Preparation: ILG will work with the city to prepare committee powerpoint presentations as needed, and provide any form of information needed for the agendized discussion. ILG can also provide instant polling software to gather committee feedback.
4. Review and Incorporation of Input: ILG will work with the city to update the CAARP draft to include input provided by the committee.
Project Deliverables: Committee meeting materials, meeting notes, report on committee input and feedback integration, virtual attendance at committee meetings.
FINAL PLAN DEVELOPMENT SUPPORT
ILG will draft the Community Engagement section of the CAARP and work with the city to review the draft and final plan. ILG will also support other aspects of the project as needed, particularly in review of incorporating community feedback into the plan.
Project Deliverables: Draft community engagement report for the CAARP, assistance with development of the entire plan, strategic support
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Section 4: Cost Proposal
Proposed Budget
The Project Team will complete the project described in this proposal for a fixed fee not to exceed $50,000.
ILG proposes a contract term of July 2024 to July 2025. The budget allocation by task is as follows:
Administration $9,460.00
Community Outreach & Engagement $24,820.00
Advisory Committee Support $9,000.00
Final Plan Development Support $4,890.00
Subtotal for Tasks $48,170.00
Other Direct Costs $1,830.00
TOTAL Project Cost $50,000.00
EXPLANATION OF COSTS
Professional Services – A majority of the costs are related to personnel hours, with more than 70% of our time allocated for community and advisory committee engagement.
Fee Schedule by Position
Staff Title Cost Per Hour
Executive Director/CEO $250
Assistant ED $225
Sr. Program Manager $190
Program Manager $170
Accounts Manager $150
Supplies – To ensure that we have the necessary supplies and tools to properly engage with Maywood residents, ILG has set aside $880 dollars for supplies. The break out is $80 for survey and engagement software, such as for the use of Qualtrics, Mentimeter, and Monday.com project management software. $200 is set aside for meeting supplies and materials. $600 is set aside for any translation and interpretation services needed. This does not include any food, snacks, or soft drinks for inperson events. Those would be at the city’s expense.
Travel – To support in person community events, ILG is setting aside a $950 travel budget for either the project manager or support staff to attend these events. Costs would be charged at cost, not to exceed $950. Mileage reimbursement would be at the reimbursement rate set by the IRS at the time of travel.
All costs would be billed at least monthly, and have a breakout of each hourly rate and cost.
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Attachment 1 – Team Resumes
Roberto Carlos Torres leads ILG’s Public Engagement and Equity pillar. With over a decade of experience as a community organizer across California, Roberto utilizes a community-centered and community-led approach to engagement, enhancing the relationship between local governments, community organizations, and the communities they serve. He specializes in incorporating policies that nurture a more diverse and inclusive form of engagement and equity within communities. Prior to joining ILG, Roberto served as the first Climate Equity Specialist for the City of San Diego where he worked to reimagine how San Diego’s Communities of Concern would be best served. He led the City’s efforts to co-develop the first-of-its-kind Climate Equity Index in partnership with various community-based organizations and instituted an innovative and more inclusive approach to community engagement.
(619) 535-9352
[email protected]
San Diego, CA
robertocarlostorres/
Roberto Carlos Torres
TECHNICAL ASSISTANCE PROVIDER, REGIONAL CLIMATE
COLLABORATIVES GRANT (JULY 2022 - ONGOING)
As part of the California Strategic Growth Council’s Regional Climate Collaboratives (RCC) Grant, Roberto provided technical assistance to community organizations seeking to apply for the grant opportunity. Roberto directly worked with organizations to put their application together, formulate their proposed workplans that highlighted the strengths of each partner organizations, and helped identify partnerships for a more competitive grant proposal. Roberto helped troubleshoot issues that arose from a lack of capacity, provided thoughtful recommendations on ways to improve their project, and was successful in assisting the organizations submit their applications.
FACILITATOR, EQUITY & ENGAGEMENT TRAININGS
(JULY 2019 - ONGOING)
As the Climate Equity Specialist with the City of San Diego, and now as part of the ILG team, Roberto has facilitated over 500 hours of trainings on implicit bias, racial equity, environmental justice, and public engagement for local government employees, community organizations, and California residents. As the lead for ILG’s public engagement and equity pillar, Roberto oversees and continues to refine ILG’s trademarked TIERS Public Engagement Training. This training helps local government agencies make their engagement efforts more inclusive and serve as the foundation for transformational change in California’s under-resourced communities.
EQUITY & ENGAGEMENT ADVISOR, BOOST PROGRAM
(JULY 2022 - ONGOING)
ILG is co-creator of the State’s BOOST program, working with different cities across the state, to help build capacity and community connections. Roberto has been an integral team member, advising on ways to build authentic community connections and partnerships, as well as ways to incorporate equity and engagement into policies and programs.
CLIMATE EQUITY SPECIALIST, CITY OF SAN DIEGO
(FEBRUARY 2019 – JULY 2022)
As San Diego’s first Climate Equity Specialist, Roberto used his coalition building skills to bring together 32 community-based organizations serving the city’s communities of concern to help co-develop their climate equity policies and procedures. As part of the update to their Climate Action Plan, Roberto instituted a community-driven process to ensure equity was at the forefront of the effort.
SENIOR PROGRAM MANAGER
PROFESSIONAL PROFILE
RELEVANT EXPERIENCE
EXPERTISE
Equity & Environmental
Justice Policy Development
Coalition Building
Program Development
Project Management
Communications/Storytelling
Equity & Public Engagement
Training
Meeting Facilitation
EDUCATION
BACHELOR’S DEGREE,
GOVERNMENT &
COMMUNICATION
STUDIES
California State University,
Sacramento
2006 - 2010
916-201-5029
[email protected]
1400 K Street, Suite 205
Sacramento, CA 95814
ELManuel
Developing and disseminating resources to local agencies so they can operate with transparency, work collaboratively, improve diversity and foster healthy and sustainable communities; Promoting widespread community engagement so all demographics can participate in local gov't programs and policy conversations, and are equipped to do so;
Making consistent improvements in awareness, program adoption, and stakeholder engagement through effective relationshipmanagement, good governance and transparency; Employing a practical, data-driven approach to program design,resource development and program implementation that considers real-world applications of academic research, community input and policy tools; and
Creating and implementing large scale programs and initiatives, including workforce development projects, strategic communications campaigns, state and federal grants, and regional collaboratives.
AWARDS & RE COGNITION (PARTIAL L IST)
CaliforniaBlackWomen's Trailblazer, California
BlackWomen's CollectiveEmpowerment Institute
(2024)
PublicAdministrator of theYear,ASPA(2024)
American Leadership Forum, Senior Fellow (2021)
Top Women Leaders,Comstock’s Magazine
(2020)
Community Champion Award, Russian American
Media(2018)
CommunityServiceAward,AmericanPublic Power
Association (2018)
JD Power, Corporate Citizenship (2016, 2017, 2018)
Community Leadership Award,Invictus Foundation
(2016)
SacramentoBusinessJournal,40 Under 40(2014)
Sacramento Magazine, Top 10Women to Watch
(2011)
Erica L. Manuel
C E O & EX E C U T I V E DI REC TO R
INSTITUT E FO R LOC AL GOVERNM ENT
PROFESSIONA L PR OFI LE
Erica Manuel is the CEO & Executive Director of the Institute for Local Government (ILG), the non-profit affiliate of the League of California Cities, the California State Association of Counties, and the California Special Districts Association. Erica is a results-oriented executive with 20+ years of extensive experience in community relations, workforce, economic and community development, communications, sustainable communities, corporate social responsibility, environmental stewardship, stakeholder engagement, and public education campaigns.
ILG delivers real-world technical assistance and expertise to help local government elected officials and staff at over 2,500 cal agencies navigate complex issues, increase their capacity, and build trust in their communities. ILG focuses on four main pillars of work: Public Engagement, Workforce Development, Leadership & Governance, and Sustainable & Resilient Communities.
R E L E V ANT EXPERIENC E
For the past 20 years, Erica has been helping public, private and nonprofit organizations implement innovative policies to drive positive change. She has worked for various industries, including agriculture, healthcare, education, energy, and technology. She has led ILG since 2019, and for the past two years, she has led ILG’s workforce development portfolio, which includes initiatives related to work-based learning, school-municipal partnerships, registered apprenticeships and systems-level collective action to address the barriers and opportunities in the workforce pipeline. Erica currently serves in numerous leadership capacities representing the public sector , including her role as the Chair of Public Sector Subcommittee of the State’s Interagency Council on Apprenticeships, an Advisory Council Member for the Public Policy Institute of California and an Advisory Council Member for California100. She is also trained in Dignity Infused Community Engagement. Prior to joining ILG in 2019, Erica served as a public sector senior leader at the Sacramento Municipal Utility District for nine years and as an appointee of Governor Schwarzenegger for six years. She also advised numerous public sector clients as a public relations executive with Edelman.
KE Y SKILL S
EXPE R T I SE
Community Engagement & Facilitation
Workforce Development
Public Sector
Strategic Communications Local
Governance & Leadership
RE L E V A NT
AF FILIAT ION S
CA RESILIENCE
PARTNERSHIP
Advisory Board Member
2021 - current
CALIFORNIA 100
Advisory Council Member
2022 – current
PUBLIC POLICY INSTITUTE
OF CALIFORNIA
Advisory Council Member
2022 – current
INTERAGENCY COUNCIL ON
APPRENTICESHIPS (IACA) Chair,
Public Sector Subcommittee 2023 -
current
NAACP
Lifetime Member
2006 - current
E DUCAT I O N
STANFORD UNIVERSITY
Economics & Communications
BOSTON COLLEGE
Carroll School of Management
NORTHWESTERN
UNIVERSITY
Kellogg School of Management
Karalee Browne has 18 years of experience building partnerships that result in more sustainable and resilient communities. Throughout her career, Karalee has developed and expanded programs focused on bringing resources and opportunities to disadvantaged and traditionally underinvested communities throughout California. In her time at ILG, Karalee has developed and managed many of ILG’s flagship efforts including ILG’s BOOST Pilot Program, ILG’s Beacon Program, and ILG’s technical assistance programs and associated work on housing, transportation and health. Karalee prides herself on continually listening and learning in pursuit of innovative ideas that the improve programs, policies and planning efforts in California.
916-761-1256
[email protected]
Sacramento, CA
karalee-browne-6a133425/
Karalee Browne
BOOST PROGRAM
JANUARY 2019-MARCH 2021
Developed and directed the BOOST Pilot Program in coordination with the Strategic Growth Council. Developed capacity building roadmaps, technical assistance activities, and grant applications for ten disadvantaged communities. Facilitated partnerships between local government staff and community based organizations to help inform equity considerations for sustainability projects and grant applications supported by the California Climate Investment Program. Reported on outcomes and developed case studies and a final Best Practices Report to serve as guidance for other technical assistance providers and local governments seeking to advance climate and equity goals in California.
PARTNERSHIP WITH CITY OF SAN DIEGO TO ADVANCE EQUITY
MARCH 2021-ONGOING
Developed and directs two contracts with the City of San Diego that seek advance equity in the city’s planning processes. Developed partnership agreements with five community based organizations and the Greenlining Institute that promote community-led public engagement for the city’s Climate Action Plan Update and first-ever Climate Resilient SD Plan.
DIRECTOR, HOUSING TECHNICAL ASSISTANCE PROGRAM
FEBRUARY 2018-ONGOING
Manages and directs ILG’s team that supports the statewide housing technical assistance program on behalf of the Department of Housing and Community Development. Worked with cities and counties throughout the state to promote SB2, LEAP and REAP funding opportunities. Worked with partners to develop projects and write applications for funding.
Managed the development of and co-authored the Public Engagement and Housing Toolkit.
MANAGER, BEACON PROGRAM
JUNE 2014-DECEMBER 2017
Expanded and led ILG’s Flagship Beacon Program, a program that recognizes for local governments’ voluntary actions to address climate change. Collaborated with city and county staff and elected officials to document greenhouse gas reductions, energy savings and sustainability best practices. Planned and hosted the ILG’s annual Beacon Awards Program for six years. Authored the Sustainability Best Practices Framework in 2014.
A S S I S T A N T E X E C U T I V E D I R E C T O R
P R O F E S S I O N A L P R O F I L E
R E L E V A N T E X P E R I E N C E
E X P E R T I S E
Program Development
Partnership Development
Project Management
Communications/Storytelling
A D V I S O R Y R O L E S
INTEGRATED CLIMATE
ADAPTATION AND
RESILIENCE PROGRAM
(ICARP) TECHNICAL
ADVISORY COUNCIL
MEMBER
2017-2021
E D U C A T I O N
MASTER’S DEGREE,
PUBLIC
ADMINISTRATION
University of San Francisco
2013 - 2015
BACHELOR’S DEGREE,
BROADCAST
JOURNALISM
University of Southern
California
2008 - 2013
Nikita Sinha has six years of experience in local sustainability and transportation policy and programming. She has led projects focused on partnership development and collaboration, equitable community engagement, and community-driven environmental initiatives. As a Program Manager with ILG, she provides technical assistance and grant-writing support to underserved jurisdictions, assists cities, counties, and special districts in the Beacon Program to highlight their voluntary climate actions, and supports leadership and workforce development programming.
916-658-8245
[email protected]
Sacramento, CA
Nikita Sinha
REGIONAL CLIMATE COLLABORATIVES ROUND 1 TECHNICAL ASSISTANCE JUNE 2022 – OCTOBER 2022
Provided technical assistance to local government agencies and nonprofit organizations interested in the Regional Climate Collaboratives Program; provided application support to four applicants.
STOCKTON MOBILITY COLLECTIVE COMMUNITY ENGAGEMENT
JANUARY 2022 – ONGOING
Part of San Joaquin Council of Governments’ Sustainable Transportation Equity Project (STEP) Community Engagement team; coordinate outreach and engagement efforts across five project teams; build relationships with community-based organizations and local institutions.
ILG’S BOOST Round 2
NOVEMBER 2021 – ONGOING
Provide tailored assistance and capacity building to the Cities of Needles, Barstow, and Maywood and community partners; provide information and technical assistance on state and federal climate funding opportunities; co-write and provide grant writing support; facilitate local partnership and state connections.
BEACON PROGRAM MANAGER
JULY 2021 – ONGOING
Recruit and maintain relationships with over 160 cities, counties, and special districts in California implementing climate action policies; update Sustainability Best Practices Framework with real life examples of policies, programs, and projects from local governments in California.
WALK SAN JOSE PROGRAM MANAGER
California Walks | JUNE 2019 – JULY 2021
Led and coordinated the Safe Streets San Jose Coalition; built partnerships with residents, nonprofit organizations, government agencies, elected officials, and academic institutions; drafted policy analyses, comment letters, and fact sheets to advance healthy, equitable, and sustainable transportation options; planned and delivered community engagement and education workshops and events; managed program communications and social media.
PROGRAM MANAGER
PROFESSIONAL PROFILE
RELEVANT EXPERIENCE
EXPERTISE
Sustainability
Transportation
Equity
E DUCATION
BACHELOR’S DEGREE,
ENVIRONMENTAL
SCIENCE AND
MANAGEMENT
UC Davis
2012 – 2016
CIVICSPARK WATER
FELLOW
Sonoma County Water Agency
2016 – 2017
Kristy Bivens serves as office manager and bookkeeper for ILG. She began her work with non-profits providing resources and training to advocates for marginalized communities throughout the state via People, Parks, and Programs. She has worked with inner-city children and could clearly see where the true work was needed. Kristy is a small business owner and has over 20 years of administrative experience. 916-658-8208
[email protected]
1400 K Street, Suite 205
Sacramento, CA
kristy-bivens-8b772a28a
Kristy Bivens
ADMINISTRATIVE DIRECTOR
Manages the bookkeeping for ILG and is responsible for managing the accounts payables and receivables of the organization.
PUBLIC ENGAGEMENT CONTRACTING
As part of the Public Engagement team, Kristy provides administrative oversight of various public engagement contracts and grants administration. Processes payments to community-based organizations and organizational partners. Assists with grants reporting and invoicing.
OWNER OF ASALI CONSULTING
Provides administrative consulting and human resource services. Ensures legal compliance and guidance.
TIERS PUBLIC ENGAGEMENT TRAINING
Co-facilitates a two-day public engagement training for local elected officials and staff. Provides technical support and troubleshoots live issues via the virtual meeting platform.
ACCOUNTS RECEIVABLE SPECIALIST AND HR
Part of the project team that provided technical assistance to cities and regions statewide, particularly focused on housing and homelessness issues, provided public engagement training and led communications efforts including a monthly newsletter, press releases, social media and peer learning calls for the project.
ASS OCIATE MANAGER
PROFESSIONAL PROFILE
RELEVANT EXPERIENCE
EXPERTISE
Writing and communications
Proofreading/editing
Facilitation
Grants reporting
Admin management
EDUCATION
Associates in General
Education - Cosumnes River
College
Ver. 02/2019
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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated July 25, 2024 (“Effective Date”) and is between the City of Maywood, a California municipal corporation (“City”) and Environmental Science Associates (ESA) (“Contractor”). City and Contractor are sometimes referred to herein as the “Parties”, and individually as a “Party”.
RECITALS
A. City desires to utilize the services of Contractor as an independent Contractor to perform: Planning Services for the Climate Action, Adaptation, and Resilience Plan, Phase 2.
B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Contractor and Contractor desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
The Parties therefore agree as follows:
1. Contractor’s Services.
A. Scope of Services. Contractor shall perform the services described in the Scope of Services (the “Services”), attached as Exhibit A. City may request, in writing, changes in the Scope of Services to be performed. Any changes mutually agreed upon by the Parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Contractor Representative shall be Brandon Seitz (the “Contractor Representative”).
The Contractor Representative shall directly manage Contractor’s Services under this Agreement. Contractor shall not change the Contractor Representative without City’s prior written consent.
C. Time for Performance. Contractor shall commence the Services on the Effective Date and shall perform all Services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
D. Standard of Performance. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like
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professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Contractor has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.
F. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes, regulations and requirements.
G. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of Services under this Agreement, including a business license.
2. Term of Agreement. The term of this Agreement shall be from the Effective Date through November 30, 2025, unless sooner terminated as provided in Section 12 of this Agreement or extended.
3. Compensation.
A. Compensation. As full compensation for Scope of Services satisfactorily rendered, City agrees to compensate Contractor, and Contractor agrees to accept in full satisfaction for the services required by this Agreement, $150,000, as more particularly described in Exhibit B (“Compensation”). Said Compensation shall constitute reimbursement of Contractor’s fee for the services as well as the actual cost of any staff time, other direct or indirect costs or fees, including the work of employees, Contractors and subcontractors, equipment, materials, and supplies necessary to provide the service (including all labor, materials, delivery, tax, assembly, and installation, as applicable). In no event shall the Contractor be paid more than $150,000, which includes expenses and additional services (if any) during the term of this Agreement (“Maximum Compensation”).
B. Expenses. The City will not reimburse Contractor for any expenses, unless expenses are agreed upon in advance in writing by both parties and/or set forth in Exhibit B.
C. Unauthorized Services and Expenses. City will not pay for any services not specified in the Scope of Services, unless the City Council or the City Representative, if applicable, and the Contractor Representative authorize such services in writing prior to Contractor’s performance of those services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council or the City Representative shall be compensated at the rates set forth in Exhibit B, or, if not specified, at a rate mutually agreed to by the Parties. City shall
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make payment for additional services and expenses in accordance with Section 4 of this Agreement.
4. Method of Payment.
A. Invoices. Contractor shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Contractor in writing within ten Business days of receipt of any disputed invoice amounts.
B. Payment. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement or within such other reasonable time dependent on the City’s warrant run procedures. City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Contractor. Notwithstanding the preceding sentence, if Contractor is a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.
C. Audit of Records. Contractor shall make all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement available during Contractor’s regular working hours to City for review and audit by City.
5. Independent Contractor. Contractor is, and shall at all times remain as to City, a wholly independent Contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City.
6. Information and Documents.
A. Contractor covenants that all data, reports, documents, discussion, or other information (collectively “Data”) developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Contractor, its officers, employees, agents, or subContractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order
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shall not be considered “voluntary,” provided Contractor gives City notice of such court order or subpoena.
B. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subContractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.
C. All Data required to be furnished to City in connection with this Agreement shall become City’s property, and City may use all or any portion of the Data submitted by Contractor as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City’s sole property and may be used, reused or otherwise disposed of by City without Contractor’s permission. Contractor may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Contractor.
D. Contractor’s covenants under this Section shall survive the expiration or termination of this Agreement.
7. Conflicts of Interest. Contractor and its officers, employees, associates and subContractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Contractor’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090.
During the term of this Agreement, Contractor may perform similar Services for other clients, but Contractor and its officers, employees, associates and subContractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subContractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
Contractor shall incorporate a clause substantially similar to this Section into any subcontract that Contractor executes in connection with the performance of this Agreement.
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8. Indemnification, Hold Harmless, and Duty to Defend.
A. Indemnities.
1) To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent Contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subContractors, materialmen, Contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent Contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2). 3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subContractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual,
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alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s subContractor, its officers, agents, servants, employees, subContractors, materialmen, Contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subContractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
B. Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Contractor’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.
9. Insurance.
A. Minimum Scope and Limits of Insurance. Contractor shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of $1,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $1,000,000.00 per project or location. If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $1,000,000.00 per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Contractor shall provide insurance in the amount required by California law.
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3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Contractor has no employees while performing Services under this Agreement, workers’ compensation policy is not required, but Contractor shall execute a declaration that it has no employees.
B. Acceptability of Insurers. The insurance policies required under this Section shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide or such other rating as approved by the City Manager. Self insurance shall not be considered to comply with the insurance requirements under this Section.
C. Additional Insured. The general liability policy shall contain an endorsement naming City and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.
D. Primary and Non-Contributing. The insurance policies required under this Section shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents or volunteers, shall be in excess of Contractor’s insurance and shall not contribute with it.
E. Contractor’s Waiver of Subrogation. The insurance policies required under this Section shall not prohibit Contractor and Contractor’s employees, agents or subContractors from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Contractor shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Contractor shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Contractor’s policies do not comply with the
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requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor’s expense, the premium thereon.
Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.
I. Evidence of Insurance. Prior to the performance of Services under this Agreement, Contractor shall furnish City’s Risk Manager or such other official designed by the City Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City’s approval. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on file with City’s Risk Manager. Contractor shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.
Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of Contractor’s duty to indemnify City under Section 8 of this Agreement.
K. SubContractor Insurance Requirements. Contractor shall require each of its subContractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.
10. Mutual Cooperation.
A. City’s Cooperation. City shall provide Contractor with all pertinent Data, documents and other requested information as is reasonably available for Contractor’s proper performance of the Services required under this Agreement.
B. Contractor’s Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance of Services rendered under this Agreement, Contractor shall render any reasonable assistance that City requires.
11. Records and Inspections. Contractor shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to examine and audit the books and records, to make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment.
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12. Termination of Agreement.
A. Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Contractor at least ten calendar days before the termination is to be effective. Contractor may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least 60 calendar days before the termination is to be effective.
B. Obligations upon Termination. Contractor shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Contractor, City shall pay Contractor based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Services required by this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation.
13. Force Majeure. Contractor shall not be liable for any failure to perform its obligations under this Agreement if Contractor presents acceptable evidence, in City’s sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Contractor’s reasonable control and not due to any act by Contractor.
14. Default.
A. Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default.
B. In addition to the right to terminate pursuant to Section 12, if the City Manager determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, City shall serve Contractor with written notice of the default. Contractor shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
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15. Notices. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during Contractor’s and City’s regular business hours, or (c) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:
If to City: If to Contractor:
Attn: City Manager Environmental Science Associates
City of Maywood Attn: Jess Canton, PE, LEED AP
4319 East Slauson Avenue 633 West 5th Street, Suite 830 Maywood, California 90270 Los Angeles, CA 90017
16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subContractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. Contractor will take affirmative action to ensure that subContractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
17. Prohibition of Assignment and Delegation. Contractor shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Contractor from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
18. No Third Party Beneficiaries Intended. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
19. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be
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(1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
20. Final Payment Acceptance Constitutes Release. The acceptance by Contractor of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Contractor for anything done, furnished or relating to Contractor’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Contractor, its employees, subContractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Contractor, its employees, subContractors and agents.
21. Corrections. In addition to the above indemnification obligations, Contractor shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Contractor’s report or plans. Should Contractor fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Contractor. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Contractor under this Agreement up to the amount of the cost of correction.
22. Non-Appropriation of Funds. Payments to be made to Contractor by City for services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Contractor’s services beyond the current fiscal year, this Agreement shall cover payment for Contractor’s services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
23. Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Contractor’s proposal, the provisions of this Agreement shall control.
24. Entire Agreement and Modification of Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or
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written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by both Parties.
25. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.
26. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
27. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
28. Business Days. “Business days” means days Maywood City Hall is open for business.
29. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Maywood.
30. Attorneys’ Fees. In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all attorneys’ fees, experts’ fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.
31. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
32. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument.
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33. Corporate Authority. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement.
[SIGNATURE PAGE FOLLOWS]
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The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.
City:
City of Maywood,
a California municipal corporation
By:
Eddie De La Riva
Mayor of the City of Maywood
ATTEST:
By:
Brian E. Juarez, City Clerk
APPROVED AS TO FORM:
By:
Roxanne Diaz, City Attorney
Contractor:
_________________________
By:
Name: ___________________
Title: ____________________
A-1
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EXHIBIT A
SCOPE OF SERVICES
A-2
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B-1
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EXHIBIT B
COMPENSATION
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Ver. 02/2019
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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated July 25, 2024 (“Effective Date”) and is between the City of Maywood, a California municipal corporation (“City”) and Environmental Science Associates (ESA) (“Contractor”). City and Contractor are sometimes referred to herein as the “Parties”, and individually as a “Party”.
RECITALS
A. City desires to utilize the services of Contractor as an independent Contractor to perform: Community Outreach Services for the Climate Action, Adaptation, and Resilience Plan, Phase 2.
B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Contractor and Contractor desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
The Parties therefore agree as follows:
1. Contractor’s Services.
A. Scope of Services. Contractor shall perform the services described in the Scope of Services (the “Services”), attached as Exhibit A. City may request, in writing, changes in the Scope of Services to be performed. Any changes mutually agreed upon by the Parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Contractor Representative shall be Brandon Seitz (the “Contractor Representative”).
The Contractor Representative shall directly manage Contractor’s Services under this Agreement. Contractor shall not change the Contractor Representative without City’s prior written consent.
C. Time for Performance. Contractor shall commence the Services on the Effective Date and shall perform all Services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
D. Standard of Performance. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like
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professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Contractor has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.
F. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes, regulations and requirements.
G. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of Services under this Agreement, including a business license.
2. Term of Agreement. The term of this Agreement shall be from the Effective Date through November 30, 2025, unless sooner terminated as provided in Section 12 of this Agreement or extended.
3. Compensation.
A. Compensation. As full compensation for Scope of Services satisfactorily rendered, City agrees to compensate Contractor, and Contractor agrees to accept in full satisfaction for the services required by this Agreement, $50,000, as more particularly described in Exhibit B (“Compensation”). Said Compensation shall constitute reimbursement of Contractor’s fee for the services as well as the actual cost of any staff time, other direct or indirect costs or fees, including the work of employees, Contractors and subcontractors, equipment, materials, and supplies necessary to provide the service (including all labor, materials, delivery, tax, assembly, and installation, as applicable). In no event shall the Contractor be paid more than $50,000, which includes expenses and additional services (if any) during the term of this Agreement (“Maximum Compensation”).
B. Expenses. The City will not reimburse Contractor for any expenses, unless expenses are agreed upon in advance in writing by both parties and/or set forth in Exhibit B.
C. Unauthorized Services and Expenses. City will not pay for any services not specified in the Scope of Services, unless the City Council or the City Representative, if applicable, and the Contractor Representative authorize such services in writing prior to Contractor’s performance of those services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council or the City Representative shall be compensated at the rates set forth in Exhibit B, or, if not specified, at a rate mutually agreed to by the Parties. City shall
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make payment for additional services and expenses in accordance with Section 4 of this Agreement.
4. Method of Payment.
A. Invoices. Contractor shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Contractor in writing within ten Business days of receipt of any disputed invoice amounts.
B. Payment. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement or within such other reasonable time dependent on the City’s warrant run procedures. City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Contractor. Notwithstanding the preceding sentence, if Contractor is a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.
C. Audit of Records. Contractor shall make all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement available during Contractor’s regular working hours to City for review and audit by City.
5. Independent Contractor. Contractor is, and shall at all times remain as to City, a wholly independent Contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City.
6. Information and Documents.
A. Contractor covenants that all data, reports, documents, discussion, or other information (collectively “Data”) developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Contractor, its officers, employees, agents, or subContractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order
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shall not be considered “voluntary,” provided Contractor gives City notice of such court order or subpoena.
B. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subContractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.
C. All Data required to be furnished to City in connection with this Agreement shall become City’s property, and City may use all or any portion of the Data submitted by Contractor as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City’s sole property and may be used, reused or otherwise disposed of by City without Contractor’s permission. Contractor may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Contractor.
D. Contractor’s covenants under this Section shall survive the expiration or termination of this Agreement.
7. Conflicts of Interest. Contractor and its officers, employees, associates and subContractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Contractor’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090.
During the term of this Agreement, Contractor may perform similar Services for other clients, but Contractor and its officers, employees, associates and subContractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subContractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
Contractor shall incorporate a clause substantially similar to this Section into any subcontract that Contractor executes in connection with the performance of this Agreement.
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8. Indemnification, Hold Harmless, and Duty to Defend.
A. Indemnities.
1) To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent Contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subContractors, materialmen, Contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent Contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2). 3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subContractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual,
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alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s subContractor, its officers, agents, servants, employees, subContractors, materialmen, Contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subContractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
B. Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Contractor’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.
9. Insurance.
A. Minimum Scope and Limits of Insurance. Contractor shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of $1,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $1,000,000.00 per project or location. If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $1,000,000.00 per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Contractor shall provide insurance in the amount required by California law.
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3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Contractor has no employees while performing Services under this Agreement, workers’ compensation policy is not required, but Contractor shall execute a declaration that it has no employees.
B. Acceptability of Insurers. The insurance policies required under this Section shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide or such other rating as approved by the City Manager. Self insurance shall not be considered to comply with the insurance requirements under this Section.
C. Additional Insured. The general liability policy shall contain an endorsement naming City and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.
D. Primary and Non-Contributing. The insurance policies required under this Section shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents or volunteers, shall be in excess of Contractor’s insurance and shall not contribute with it.
E. Contractor’s Waiver of Subrogation. The insurance policies required under this Section shall not prohibit Contractor and Contractor’s employees, agents or subContractors from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Contractor shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Contractor shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Contractor’s policies do not comply with the
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requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor’s expense, the premium thereon.
Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.
I. Evidence of Insurance. Prior to the performance of Services under this Agreement, Contractor shall furnish City’s Risk Manager or such other official designed by the City Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City’s approval. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on file with City’s Risk Manager. Contractor shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.
Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of Contractor’s duty to indemnify City under Section 8 of this Agreement.
K. SubContractor Insurance Requirements. Contractor shall require each of its subContractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.
10. Mutual Cooperation.
A. City’s Cooperation. City shall provide Contractor with all pertinent Data, documents and other requested information as is reasonably available for Contractor’s proper performance of the Services required under this Agreement.
B. Contractor’s Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance of Services rendered under this Agreement, Contractor shall render any reasonable assistance that City requires.
11. Records and Inspections. Contractor shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to examine and audit the books and records, to make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment.
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12. Termination of Agreement.
A. Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Contractor at least ten calendar days before the termination is to be effective. Contractor may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least 60 calendar days before the termination is to be effective.
B. Obligations upon Termination. Contractor shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Contractor, City shall pay Contractor based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Services required by this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation.
13. Force Majeure. Contractor shall not be liable for any failure to perform its obligations under this Agreement if Contractor presents acceptable evidence, in City’s sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Contractor’s reasonable control and not due to any act by Contractor.
14. Default.
A. Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default.
B. In addition to the right to terminate pursuant to Section 12, if the City Manager determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, City shall serve Contractor with written notice of the default. Contractor shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
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15. Notices. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during Contractor’s and City’s regular business hours, or (c) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:
If to City: If to Contractor:
Attn: City Manager Institute for Local Government
City of Maywood Attn: Erica L. Manuel
4319 East Slauson Avenue 1400 K Street, Suite 205
Maywood, California 90270 Sacramento, CA 95814
16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subContractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. Contractor will take affirmative action to ensure that subContractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
17. Prohibition of Assignment and Delegation. Contractor shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Contractor from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
18. No Third Party Beneficiaries Intended. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
19. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be
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(1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
20. Final Payment Acceptance Constitutes Release. The acceptance by Contractor of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Contractor for anything done, furnished or relating to Contractor’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Contractor, its employees, subContractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Contractor, its employees, subContractors and agents.
21. Corrections. In addition to the above indemnification obligations, Contractor shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Contractor’s report or plans. Should Contractor fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Contractor. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Contractor under this Agreement up to the amount of the cost of correction.
22. Non-Appropriation of Funds. Payments to be made to Contractor by City for services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Contractor’s services beyond the current fiscal year, this Agreement shall cover payment for Contractor’s services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
23. Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Contractor’s proposal, the provisions of this Agreement shall control.
24. Entire Agreement and Modification of Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or
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written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by both Parties.
25. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.
26. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
27. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
28. Business Days. “Business days” means days Maywood City Hall is open for business.
29. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Maywood.
30. Attorneys’ Fees. In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all attorneys’ fees, experts’ fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.
31. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
32. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument.
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33. Corporate Authority. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement.
[SIGNATURE PAGE FOLLOWS]
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The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.
City:
City of Maywood,
a California municipal corporation
By:
Eddie De La Riva
Mayor of the City of Maywood
ATTEST:
By:
Brian E. Juarez, City Clerk
APPROVED AS TO FORM:
By:
Roxanne Diaz, City Attorney
Contractor:
_________________________
By:
Name: ___________________
Title: ____________________
A-1
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EXHIBIT A
SCOPE OF SERVICES
A-2
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B-1
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B-1
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EXHIBIT B
COMPENSATION
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AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 10.
DATE: July 24, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: JERRY GOMEZ, PUBLIC WORKS SUPERINTENDENT
SUBJECT: AUTHORIZE CITY STAFF TO ADVERTISE A REQUEST FOR PROPOSALS (RFP)
FOR THE CITYWIDE TREE MAINTENANCE AND EMERGENCY RESPONSE
SERVICES CONTRACT
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to advertise a request for proposals for citywide Tree Maintenance and Emergency Response Services.
BACKGROUND:
On September 3, 2019, the City entered into an agreement with contractor North Star Land Care for Tree Trimming and Emergency Response Services. The agreement is due to expire on September 1, 2024.
DISCUSSION:
The RFP seeks proposals from qualified contractors to provide annual services of tree maintenance and emergency response services as needed, within the City limits. The scope of work for the project includes providing all necessary services to perform and complete the proposed tree maintenance work thoroughly and professionally, and to provide labor, tools, equipment, materials and supplies necessary to complete all the work in a timely manner meeting the City's requirements.
The proposed schedule is as follows:
SCHEDULE DEADLINES
Release of Requests for Proposals July 25, 2024
Submittal of Questions August 5, 2024, by 3:00 p.m.
Response to Questions August 9, 2024, by 4:00 p.m.
Proposal Due Date August 15, 2024, by 4:00 p.m.
Proposal Review/Evaluation Week of August 19, 2024
Optional Interview (if required) Week of August 19, 2024 Tentative City Council award August 28, 2024
Tentative Start date September 1, 2024
Staff recommends that the City Council authorize the issuance of a Request for Proposals (RFP) for regular city tree maintenance and emergency services.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
There is no fiscal impact with the approval of this item.
ATTACHMENT(S)
1. RFP Tree Maintenance and Emergency Response Services
City of Maywood
Request for Proposals
for
Tree Maintenance and Emergency Response
Services
PROPOSALS MUST BE RECEIVED NO LATER THAN 4:00 PM,
August 15, 2024, AND SHALL BE SUBMITTED IN
SEARCHABLE PDF FORMAT ON THE CITY’S PORTAL ON
PLANETBIDS AT THE FOLLOWING WEBSITE:
https://pbsystem.planetbids.com/portal/64496/portal-home
Date of Issuance: July 25, 2024
1 TABLE OF CONTENTS
I. PURPOSE…………………………………………………………………….1
II. BACKGROUND………………………………………………………………1
III. GENERAL REQUIREMENTS…………………………………………...….1
IV. SCOPE OF SERVICES……………………….………………………...…..4
V. SCHEDULE………………………………………………………………….18
VI. QUESTIONS ………………………………………………………………18
VII. SUBMITTAL PROCEDURES……………………………………………...18
VIII. SUBMITTAL FORMAT……………………………………………………..19
IX. AGREEMENT FOR PROFESSIONAL SERVICES……………………..21
X. GENERAL ADMINISTRATIVE INFORMATION…………………………21
XI. SUBMITTAL DUE DATE…………………………………………………...22
XII. SELECTION PROCESS……………………………………………………22
XIII. AUTHORITY TO WITHDRAW……………………………………………..23
XIV. AWARD OF CONTRACT…………………………………………………..23
XV. ATTACHMENTS…………………………………………………………….24
I. PURPOSE
The City of Maywood is seeking proposals from qualified Contractors to provide the City annual services of tree maintenance and emergency response service as needed. The City desires to enter into an Agreement for three (3) years, with two (2) optional one-year extensions.
All interested Contractors shall demonstrate that they have sufficient, readily available resources in the form of trained personnel, support services, equipment, and financial resources to carry out the work without delay or shortcomings.
The City of Maywood will not be liable for costs incurred by the Contractor’s incidentals for the preparation of proposals or other responses associated with the proposals, if required. All work and/or performed services will be subject to prevailing wage and related requirements.
Responses must conform to the requirements of this Request for Proposal (RFP).
The City reserves the right to waive any irregularity, informality, or error in any proposal or in the RFP process or reject any proposal which does not comply to this RFP. Modifications to the RFP, including but not limited to the scope of work and services, can be made only by written addendum issued by the City. The successful proposer will be required to enter into an Agreement for Contract Services with the City (Attachment "1"). By submitting a proposal, the proposer agrees to all of the terms of the RFP and Agreement.
II. BACKGROUND
The City of Maywood is issuing this Request for Proposals (RFP) for tree trimming and maintaining of the City’s 2317 public trees spread across 1.1 square miles within the city boundaries. Majority of the City’s public trees are concentrated within the City’s sidewalk parkways. The remainder of the City’s public trees are within City owned properties/facilities, medians, and City parks.
III. GENERAL REQUIREMENTS
Contractors wishing to have their bid proposals considered for this project shall submit a statement of firm's qualifications applicable to this project, including the following as a minimum:
• State of California Contractor's License number and expiration date, C-27 & C61/D-49 and any other applicable licenses.
• Names, staff qualifications and proposed duties of staff to be assigned to this project. The Contractor shall identify at least two (2) ISA Certified Arborists who will be responsible for providing project management for the duration of any Service Agreement, as well as a full-time English speaking Site Supervisor, who is an ISA Certified Arborists, capable of
communicating with any City representative and be authorized to act on behalf of thefirm.
• List of staff qualifications including but not limited to:
a. All Certified Arborists employed by the firm.
b. All Certified Utility Arborists employed by the firm. c. All Certified Tree workers employed by the firm.
d. All Certified Urban Foresters and/or Municipal Arborists employed by the firm.
e. All Utility Line Clearance Tree workers employed by the firm. f. California State Licensed Pest Control Advisor and Applicator employed by the firm.
g. American Society of Consulting Arborists (ASCA) Registered Consulting Arborist employed by the firm to consult on tree health issues.
h. Technicians providing technical support for inventory software. i. Traffic Control Design Specialist(s) and Traffic Control Technician(s) in accordance with the American Traffic Safety Services Association (ATSSA) and Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways.
• References
a. List of past Municipality contracted with and number of years of service. • Corporate Capability
a. Affirmative Statement of Compliance with indemnity and insurance. b. Insurance Requirements Vendor will provide Certificate of Insurance(s) for Professional Liability, Commercial General Liability, Auto Liability, and Workers’ Compensation as stated in the City’s standard terms and conditions.
c. All required licensing to complete job.
• Services to be Performed
• Equipment
a. A complete list of machinery and equipment, including year, serial number, and license number, to be used for this project and all available equipment in reserve to allow for breakdowns.
• Information Management
a. A written description of the proposed software program to be used to manage the City's Tree Inventory.
b. Firm's ability to provide accurate inventory updates for all trees serviced. c. A statement describing the firm's ability to provide data for the City's Geographic Information System (GIS).
• Quality Control Plan
a. A written description of the firm's plan to report green waste generated and the method for its disposal.
b. A written description of methodology to be used for notifying residents prior to commencement of tree work. (Door hangers are permitted in the City.)
c. The methodology in which the firm will handle complaints from the public and damage to public and private property.
d. Effective means to correct problems.
• Employee Training
a. A written description of the firm's internal tree maintenance and arboricultural training program.
• Schedule of Compensation
The City of Maywood hereby notifies all firms that it will affirmatively insure that in any contract entered into pursuant to this invitation, the City will not discriminate against any firm on the grounds of race, color, sex, or national origin in consideration for the award. All persons responding to this invitation shall be aware that their proposals are deemed public records and may be subject to disclosure upon request. The City reserves the right to reject any or all proposals, to waive any informality or irregularity in any proposal received, and to be the sole judge of the merits of the proposals received.
The City shall select an Individual/Consultant based on a combination of factors, such as: responsiveness and comprehensiveness of the Proposer with respect to this Request for Proposals (RFP); technical background and experience; the number and nature of exceptions taken to the agreement (Attachment 1); previous work performed for other public agencies; information obtained from references; and cost, in addition, the following factors will be considered:
a. Completeness of the proposal and ability of the Proposer to comply with the mandatory requirements proposed under this RFP.
b. Whether the Contractor has the financial resources and facilities to perform or provide the required services promptly, or within the time specified without delay or interference.
c. Experience implementing similar programs and projects. d. Recommendations from prior clients and record of performance on previous contracts or services.
e. Cost reasonableness
f. The City is not liable for any expenses incurred by any proposer prior to issuing the contract.
g. The submittal should be typed and as brief as possible while adequately describing the qualifications of the Contractor.
h. Proposals are to be submitted in the same envelope, clearly marked with the Contractor name, address and phone number. Only one proposal per Contractor will be considered.
i. All work product generated by the Agreement will be owned by the City.
IV. SCOPE OF SERVICES
The City of Maywood is seeking proposals from qualified Contractors to provide annual services of tree maintenance and emergency response service as needed, within the
City's Community. The scope of work provided in this RFP shall be used as a guideline; however, it is the Contractor's responsibility to provide all necessary services to ensure the services are completed efficiently and in full compliance with applicable procedures and standards. The scope of work for the project includes providing all necessary services to perform and complete the proposed tree maintenance work thoroughly and professionally, and to provide labor, tools, equipment, materials and supplies necessary to complete all the work in a timely manner meeting the City's requirements. Contractor may be required to perform the following tree maintenance activities at various sites throughout the City:
1. Tree pruning 12. Palm crown/nut trimming and shaping
2. Tree removal 13. Root pruning
3. Tree planting 14. Specialty equipment rental
4. Crew rental 15. Arborist services/inspection
5. Emergency response 16. Foliar and pesticide treatments
6. Line clearance pruning 17. Additional work
7. Clearance pruning 18. Data entry
8. Grid pruning program 19. Webpage development
9. Tree watering 20. GPS Tree inventory
10. Small tree care 21. Online maintenance access*
11. Palm trunk skinning
*Online maintenance is defined as Internet access to an Urban Forestry Management tool that includes work order tracking, ability to send work requests including but not limited to pruning, planting, and removal, access to reports for tree inventory, value of the urban forest, job balance and GPS accessibility (if applicable). 1) ANNUAL PRUNING PROGRAM
Tree pruning per pre-designed districts, grids or prune routes on a set cycle to include all trees. Pruning will include structural pruning, crown raising, and crown cleaning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices), the ANSI A300 Standards. Contractor shall be required to furnish all supervision, labor, equipment and materials necessary to accomplish the work in accordance with the Contract. The intent of this Contract is to have all trees pruned once every other year. Special projects that are difficult to access will require the need for specialty equipment (i.e., 95-foot tower, certain Palm tree specimens). Service request pruning or pruning to reduce and/or pruning to restore will fall under Crew Rental.
2) TREE INVENTORY/GPS REQUIREMENT
The Contractor will provide the City access to a record keeping system consisting of an Internet-based software program that allows the City to maintain information about its tree population, including the description of each tree by species, height, diameter, work history, and tree and planting site location. The tree inventory software program shall be an Internet-driven tracking program. The program shall have the capability to produce detailed listings of tree and site information, work histories, invoice records, service requests, summary reports and pictures of City tree species. The Contractor shall provide
software support to the City for the entire term of the contract. The Contractor may be asked to provide the City with recommendations for tree maintenance, and recommended removals. Attributes to be collected by field personnel for inventory purposes may include Address, Street, Facility, Species, Diameter, Crown, Height, recommended maintenance, overhead utilities and parkway size and type.
3) GPS TREE INVENTORY DETAIL
Provide the City with Global Positioning System (GPS) coordinates for all trees in public spaces. This includes but is not limited to all publicly owned trees on street rights-of-way, sidewalk parkways, City Parks, City owned properties/facilities and open spaces such as medians, greenscapes, etc. The address information contained in inventory should be linked directly to a Geographical Information System (GIS) program. Using a handheld computer and a backpack GPS receiver, the inventory collector will identify the trees by their global coordinates of longitude and latitude. By collecting the data using the GPS system, the City can consolidate the tree data with other various GPS coded programs in the City. Within the first 90 days of the project contract, the City will receive a complete listing of all sites inventoried, both in hard copy, digital and flash drive, which will enable you to connect the inventory to the City's GIS program and create various frequency reports. A GPS tree inventory shall be created with a new database using the City's standardized addressing system for all parks and open space areas. Contractor shall be required to create an ESRI ArcView/ArcGIS or equivalent, compatible "shape file". The new inventory shall be capable of showing the location of every existing tree site and vacancies on the City's existing GIS base maps (streets, parcels, addresses, ROW and hardscape, etc.) The consultant's tree inventory shall be conducted by visiting each tree site or vacant planting site and plot the position. Minimum accuracy shall be not more than one (1) meter.
EXPERIENCE
The Contractor shall have at a minimum five (5) years' experience in collecting tree inventories and technical expertise developing inventory databases, including an extensive program that simplifies the management of the City's Urban Forest. The Contractor shall have developed a complete and comprehensive computer software program in at least five (5) California cities. The program should have specialized reports designed specifically for City representatives' needs. The program should be developed based on the needs of the City and allow the City to modify and structure the program specific to our needs. The user- friendly program should allow customers to generate a variety of reports quickly.
SCOPE OF WORK
City shall provide the most up-to-date GPS inventory data to Contractor upon award of contract. Contractor will manage the entire inventory project. The project shall include field data collection, data entry, access to the computer software, and training of City employees on the use of the system, future technical maintenance, and support and as an option, conversion of the existing database. Attributes to be collected by field personnel may include, but is not limitedto:
• Tree Number • City DistricUGrid/LLDs/Parks/RAreas/Residential • Street • Location by Address
• Location by GIS • Species by botanical name &common
name
• Tree diameter (DBH) • Tree height
• Recommended Maintenance
Classification
• Existing overhead Utilities
• Parkway Size • Parkway Type
• Sidewalk damage • Technical Support and Maintenance
The Contractor shall provide routine maintenance, archive, backup, restore and disaster recovery procedures as may be requested by the City. The Contractor shall provide complete support rapidly with experienced staff available to the City during the hours of 8:00 A.M. to 5:00 P.M. Monday through Friday. The Contractor shall be readily available by telephone, e-mail or may respond to the City's location within a timely manner.
1) PROJECT SPECIAL PROVISIONS
Where "as directed", "as required", "as permitted", "approve", "acceptance", or words of similar import are used, it shall be understood that the direction, requirement, permission, approval or acceptance by the City of Maywood is intended unless otherwise stated. As used herein, "provide" shall be understood to mean "provide complete", in total. The word "site" as used hereinafter shall be understood to mean the location receiving the service. The use of the word "Contractor" shall be held to mean the Contractor and/or any person employed by them and working under this contract.
2) WORK QUALITY
All tree pruning shall comply with good arboreal practice for the particular species of trees being trimmed shall be consistent with the Pruning Standards and Best Management Practices as adopted by the International Society of Arboriculture.
The Contractor shall also meet the requirements of the American National Standards, 2133-1-2006, entitled "Safety Requirements for Arboricultural Operation," published by the American National Standard Institute, Inc., 1430 Broadway, New York, New York 10018. The City of Maywood shall determine if the Contractor has met all pruning requirements and payment shall not be made for pruning that is not in accordance with the above standards. The Contractor shall be deemed in contract default if they consistently fail to comply with the aforementioned standards.
3) TRAFFIC SAFETY
Contractor shall be required to provide all necessary traffic control, in accordance with the American Traffic Safety Services Association (ATSSA) and Manual on Uniform Traffic Control Devices (MUTCD), during the course of regular maintenance work and emergency work. Should the work involve any high voltage power lines or any utility lines the Contractor shall be required to notify the responsible utility company.
4) WORK STANDARDS
Limbs one inch (1 ") in diameter or greater shall be precut to prevent splitting.
When there is a chance of bark tearing at the crotch, remove large limbs with three cuts. Make the first cut on the underside of the branch one foot (1 ') to two feet (2') from the crotch. The undercut should be at least one-third (1/3) of the diameter.
Make the second cut one-inch (1") to three inches (3") further from the crotch than the first. The final cut is made at the crotch in a manner to favor the earliest possible covering of the wound by callus growth. Cuts shall not be made so large that they will prevent sap flow. All cut branches three and one-half inches (3 ½} or larger in diameter shall be lowered by proper ropes to the ground. Any damage caused by dropping limbs shall be repaired within three (3) days at the Contractor's expense and to the satisfaction of the City of Maywood. All debris resulting from tree pruning operations shall be removed from the work site on a daily basis. On all trees, including palms, known or suspected to be diseased, pruning tools and cut surfaces shall be disinfected with a ten (10) percent chlorine bleach solution after each cut and between trees where there is danger of transmitting the disease on tools. Fresh solution shall be mixed daily. a. Contractor shall comply with Standards of CAL OSHA and the American National Standard Institute, Z133 Safety Requirements. b. Contractor shall notify the resident forty-eight (48) hours in advance of scheduled pruning.
c. Contractor shall provide and post "No Parking" signs twenty-four (24) hours in advance of the work.
d. Contractor shall endeavor to maintain good public relations at all times. The work shall be conducted in a manner which will cause the least possible interference and annoyance to the public. Work shall be performed by competent employees and supervised by an experienced, English-speaking supervisor in tree maintenance operations. The Contractor shall be responsible for advance notification to the residents at each work location of the intended tree operations. The Contractor shall be responsible to see that private property and vehicles at work locations are not endangered or damaged during the course of work.
e. Contractor shall exercise precautions as necessary when working adjacent to aerial and subterranean utilities. In the event that aerial utility wires present a hazard to the Contractor's personnel or others near the work site, work is to immediately cease and the appropriate utility company notified. Work shall then commence in accordance
with instructions from the utility company. In the event that work causes excavation, the City is responsible for properly marking the location and the Contractor is responsible for appropriate notification of Underground Service Alert (USA).
f. No hooks, gaffs, spurs or climbers will be used for anything other than removals.
g. Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callous growth.
h. When pruning fungus, disease or fire blight infected limbs or fronds, all pruning tools shall be disinfected after each cut with alcohol or bleach.
i. Topping shall not be done unless specifically requested by the City. j. The specific techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made sufficiently close, ½ inch, to the parent stem so that healing can readily start under normal conditions.
All limbs 2" or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree.
k. Cut laterals to preserve the natural form of the tree, leaving the head open enough for the branching system to show and permitting the dead material to be easily cleaned out and light to show through the head.
Tree foliage shall be reduced by at least fifteen (20%) percent but no more than thirty (40%) percent.
l. Trim to remove dead wood or weak, diseased, insect-infested, broken, low, or crossing limbs. Branches with an extremely narrow angle of attachment should normally be removed.
m. Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise.
n. Heading cuts and/or topping will not be allowed under any circumstances. Heading, rounding over, or stubbing shall not be an accepted practice for reducing the size or the framework of any tree. o. Dead and/or dying trees, engulfed with fungus, sick, damaged, diseased or insect infested shall be brought to the City’s attention. Based on the Contractor’s recommendation, the City will approve or disapprove removal of the tree. Contractor shall remove the tree and roots completely upon City approval.
5) PRUNING FOR TRAFFIC CLEARANCES
Tree pruning for traffic clearances shall provide clearances of at least fourteen (14') feet and no greater than sixteen feet (16') above finish grade for moving vehicles within the traveled roadway, for pedestrians on sidewalks in accordance with standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards under
"Pruning to Raise." Clearance trims shall be performed on a grid system or on a street-by-street basis. Clearances for adjacent structures and their connecting utility lines (service drops), shall be determined by the City of Maywood and conform to the following:
a. The minimum clearance under trees within the street right-of-way shall be fourteen (14') feet over the traveled road, and fourteen feet (14') over the curb line and nine feet (9') over the sidewalk side of the tree. When pruning the bottom branches, care shall be given to obtain a balanced appearance when viewed from across the street immediately opposite the tree.
b. Cut to laterals to preserve the natural form of the tree. Remove lateral branches at their point of origin or shorten the length of a branch by cutting to a lateral, which is large enough to assume leadership. c. When cutting back, avoid cutting back to small suckers. Remove smaller limbs and twigs in such a manner as to leave the foliage pattern evenly distributed.
6) PRUNING OF PALM TREES
Palm tree pruning shall consist of the removal of loose dead fronds, fruit clusters, and other vegetation from the trunks of all palms in accordance the following:
a. The use of climbing spurs or spike shoes for the purpose of climbing Palm trees is prohibited, unless specifically approved by the City of Maywood. The Contractor shall be required to use a boom or bucket truck, with sufficient height to reach the crown for the purpose of pruning Citypalm trees.
b. Palm Skinning - Dead fronds, and partsthereof,
c. including stubs, can be removed along the entire length of the trunk of each palm, leaving a clean unsheathed appearance slicked from the ground to approximately twenty-four to thirty-six (24" - 36") inches from the base of the green fronds at the top of the tree. The frond stubs (cut close to trunk) can be left in place within a span of at least eighteen (18") inches but no greater than thirty-six (36") inches. d. Canary Palm pine/nut trimming and shaping (additional service and cost) shall be directed by the Public Works Superintendent or his authorized representative. This trimming is for both safety and aesthetic purposes. A symmetrical shape and pleasing appearance typical of the species is desired.
7) SERVICE REQUEST TREE PRUNING
Trees that need service prior to their scheduled grid trim for aesthetic shall be trimmed within one week of notification by the City to the Contractor. Trees designated for aesthetic trimming shall be trimmed, shaped, and thinned. The trimming shall provide a symmetrical shape and aesthetically pleasing appearance typical of the species. In addition, trees shall be trimmed to provide a minimum clearance of fifteen (14') feet over the roadway and nine (9') feet over walkways. Trees shall also be trimmed to remove any obstruction around traffic
control devices, traffic signs, and streetlights. Additional trimming shall be performed to mitigate any extreme effect of the clearance trimming and provide an aesthetic appearance. The specific techniques employed shall be consistent with industry practice for the size and specific of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made sufficiently close, ½ inch to the parent stem so that healing can readily start under normal conditions. All limbs 2" or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree. All trees shall be thinned of smaller limbs when necessary to distribute the foliage evenly. 8) TREE REMOVALS
Trees that are candidates for removal, shall be identified and marked by the Contractor. The Contractor shall notify the City of candidates for removal. The City can also notify the Contractor of candidates for removal. The Contractor shall also notify the homeowner of the up-and-coming removal work. Contractor bears sole responsibility for this task. Crew removes tree and hauls all debris. Crew grinds stumps to a depth of eighteen (18") inches. All holes will be backfilled; as well as all debris cleaned up and hauled away. Special projects that are difficult to access with equipment or require the need for a crane or a boom/bucket truck over seventy-five (75') feet would fall under Crew Rental rates. The City of Maywood shall make the final determination to remove. Removals shall be conducted in good workmanlike manner in accordance with the standards of the arboricultural profession.
All wood from removed trees is the property of the City and shall be disposed of at the direction of the Public Works Superintendent. No wood shall be left along public right-of-way unless approved by the Public Works Superintendent or his authorized representative. All tree parts are to be loaded into transport vehicles or containers. The vehicles or containers must have the front, sides and rear solid and the top shall be tarped, or otherwise tightly enclosed. The transporting of tree parts must be made so that no debris escapes during the transport. Branches, suckers, bark, and other tree parts that are chipped are to be covered while transported and hauled to the disposal site during the workday.
The Contractor is responsible for marking trees so that they are easily identifiable by Underground Service Alert. The Contractor shall be required to call Underground Alert at least 2 days before stumps are to be ground out. All tree stumps must be removed to at least 18 inches below the lowest soil level adjacent to the stump, or until deep roots are no longer encountered. The Contractor shall grind the stump a minimum distance of one and a half (1 ½) feet either side of the outer circumference of the stump, or until surface roots are no longer encountered.
Stumps should be cut low enough to the ground where routing can be done safely.
This may be accomplished by cutting the stump at the time of grinding, or at the time of tree removal except for infrastructure conflicts. Holes created by stump and root grinding must be filled the same day. The resultant chips from routing may be used to fill the hole to two (2") inches above normal ground level. All excess routing chips debris will be removed and loaded into transport vehicle for disposal.
Any damaged paved surfaces shall be restored to their original condition. 9) TREE PLANTING
Planting includes the tree, stakes, ties and complete installation and watering for ninety (90) calendar days. Planting lists should be compiled by the Inspector and submitted monthly or as needed. Contractor will guarantee the quality of the tree stock and the workmanship.
a. Contractor shall provide all equipment, labor, and materials necessary for the planting of trees throughout the City in accordance with the specifications herein.
b. The Contractor shall be responsible for marking locations based off the City’s recommendation and the Contractor will notify Underground Service Alert (USA) prior to planting.
c. Planting pit shall be dug twice the width and the same depth of the root ball. Before placing the tree in the planting pit Contractor shall examine root ball for injured roots and canopy for broken branches. Damaged roots should be cleanly cut off at a point just in front of the break. Broken branches should be cut out of the canopy making sure that the branch collar is not damaged.
d. Tree shall be placed in the planting pit with its original growing level (the trunk flare) at the same height of the surrounding finish grade. In grass covered parkways, the top of the root ball shall be level or slightly higher than the surrounding soil. In a concrete tree well, the root ball shall be 3 inches below the level of the finished surface of the concrete. e. Backfill material should be native soil. Eliminate all air pockets while back filling the planting pit by watering the soil as it's put into the hole. f. Trees that are planted in parkways shall have a 4"-6" high water retention basin built around the tree capable of holding at least ten (10) gallons of water. In a concrete tree well, soil should be raked against the edge of the concrete to create a sloping basin. Immediately after planting, the tree shall be watered thoroughly by filling the water retention basin twice.
g. All trees shall be staked with two wooded lodge poles and two ties per pole. Minimum size of lodge poles shall be ten (1O') feet long, with a one and a half (1 ½) inch diameter. Tree ties shall be placed at one third (1/3) and two-thirds (2/3) of the trunk height. Stakes shall not penetrate the root ball and shall be driven into the ground approximately twentyfour to thirty (24"-30") inches below grade. h. Trunk protectors such as Arbor-Guards or an approved equal shall be placed at the base of the trunk of all new trees immediately after
planting.
i. In some cases, root barriers may be required. The City will make this determination. Should a root barrier be required, the Contractor will install a mechanical barrier that redirects root growth downward, eliminating the surface rooting that damages expensive hardscapes and creates a hazard. The barrier shall be twelve (12") inches in depth and at a length determined by the City and placed in a circular fashion surrounding the tree's root system. Root barriers are an additional service andcost.
j. Clean up all trash and any soil or dirt spilled on any paved surface at the end of each working day.
k. All trees shall be of good nursery stock that adheres to the American Standard for Nursery Stock as described in the ANSI 260.1-1996 Standards. Trees shall be free from pests, disease and structural defects. 10) CREW RENTAL
The standard crew is three men, one chipper truck, one chipper, one boom/ bucket truck and all necessary hand tools. The crew and equipment can be modified to complete any type of miscellaneous tasks including special projects that may consist of extraordinary work such as hanging flags, hanging banners, hanging Holiday lighting/decorations, changing light bulbs, or trimming specific trees requiring immediate attention prior to their scheduled trim. Trees requiring service prior to their regularly scheduled grid or annual trim to rectify a specific problem such as blocked street lighting or signs, right-of-way clearance for utility lines, or broken limbs may be performed under the Crew Rental rate. 11) EMERGENCY RESPONSE
The Contractor shall be required to provide emergency, on call response for damaged trees as a result of storms or other reasons. Emergency calls may occur at any given time (24/7). The Contractor will be provided with locations and the work to be done at each location via telephone from a City authorized representative. Emergency work shall begin within two (2) hours of the initial telephone call.
Contractor shall be required to provide a twenty-four (24) hour emergency phone number or the names of at least ten (10) contact individuals upon award of contract. Should the contact persons or their phone numbers change during the course of the contract, those changes shall be submitted to the City within two (2) working days.
Contractor shall be required to provide all necessary traffic control, in accordance with the American Traffic Safety Services Association (ATSSA) and Manual on Uniform Traffic Control Devices (MUTCD), during the course of emergency work.
Should the work involve any high voltage power lines or any utility lines the
Contractor shall be required to notify the responsible utility company. Work performed under the emergency provision of this contract shall be paid for on a crew hour basis. This shall include all labor, tools equipment, disposal fees and necessary materials.
12) LINE CLEARANCE PRUNING
During the course of this contract the Contractor may be required to perform utility line clearance in conjunction with routine or non-routine pruning activities. The Contractor shall be required to furnish all supervision, labor, equipment, and materials necessary to accomplish the work in accordance with the contract. The Contractor has the responsibility for compliance with safety and health standards of the California Occupational Safety and Health Act (OSHA) and all applicable rules, regulations, and orders. The manager overseeing the project shall be a Certified Utility Specialist and the persons completing the work shall be Line Clearance Tree workers. The competency of Contractor's personnel shall be maintained through regular training. All persons performing tree work on City trees in, or around primary electrical lines shall be trained to do so in accordance the "Electrical Safety Orders" of the State of California.
13) TREE WATERING
Watering is performed by a one man crew with a water truck who will water various routes including landscape median and young trees that are three (3) years old and younger.
14) SMALL TREE CARE
The City requires an active approach to the care of its young and newly planted trees. The Contractor shall be required to perform basic maintenance that will include but not be limited to tree well adjustments and watering, removal of weeds from tree wells, structural pruning, and re-staking when necessary. 15) ARBORIST SERVICES
On occasion, the City requires tree evaluations including written reports. The vendor shall provide an hourly rate for an Arborist that can respond to the City's request(s) for the preparation of detailed arborist reports, tree evaluations and site inspections. Reporting can be generated on as little as one tree to an entire urban forest population and is handled on a case-by-case basis. 16) TRAFFIC CONTROL
Contractor shall conform to all City Traffic Safety requirements and operating rules at all times while this contract is in effect. The Contractor shall employee staff certified as Traffic Control Design Specialist and Traffic Control Technicians in accordance with the American Traffic Safety Services Association (ATSSA), and
Manual on Uniform Traffic Control Devices (MUTCD). Contractor will be responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to through traffic. This is to include a high visibility Arrow Board(s) as necessary. The City, prior to use, must approve all traffic safety equipment for use, furthermore, the City may require a Traffic delineation and safety plan to be submitted on selected jobs. Illuminated arrow boards, sign stands, delineators and/or cones shall be used to identify work site for vehicular and pedestrian safety. Illuminated ATSSA approved equipment may be required in low light situations including, but not limited to: dawn, dusk, low light, rain, snow, evening, night if these situations present themselves on a daily work flow basis, or on emergency responses. All such determinations shall be made by the above mentioned Traffic Control Design Specialist, and then approved by the appropriate City Public Works Department Staff.
17) PUBLIC NOTICE OF TREE PRUNING OPERATIONS
Contractor shall be required to notify residents and/or businesses of scheduled tree pruning operations at least forty-eight (48) hours prior to the work being performed. Notifications shall be made in the form of door hangers. City approved "No Parking" signs shall be posted on individual trees scheduled for pruning twenty-four (24) hours prior to the work being performed. 18) WORK SITE CLEAN UP
Contractor shall clean all job sites when work is completed, including the raking of leaves, twigs, etc. from the lawns and parkways and the sweeping of streets. Each day's scheduled work shall be completed and cleaned up and under no circumstances shall any brush, leaves, debris, or equipment be left on the street overnight. Contractor's equipment may be stored overnight, with advance approval, in the City Yard, or on other designated City Property. However, the City will not be responsible for security of Contractor's equipment.
Brush and debris shall be removed daily, sidewalks swept, lawns and parkways raked out and gutters cleaned. The Public Works Superintendent or his authorized representative, shall be the sole judge as to the adequacy of the clean-up. 19) DISPOSAL OF DEBRIS
All tree branches produced as a result of the Contractor's operations under this contract will be reduced, reused, recycled, and/or transformed. The City will receive access to their Greenwaste Recycling report detailing the amount of debris recycled and the location. This report to be used for compliance with CA Assembly Bill 939.
• Greenwaste Recycling Report : Greenwaste that is transported to an offsite facility for grinding into mulch shall be documented and available to the Contract Officer on a monthly basis.
• Wood Chips: Chips generated from pruning operations within the City of Maywood may first be dumped at a City designated site. At the direction of the Contract Officer or his authorized representative, wood waste generated from tree removals shall be chipped into pure wood chips with an even uniform size. When pre-authorized, these chips shall be dumped in specified locations in the City.
• Milling (additional service & cost): At the direction of the Contract Officer, and/or Public Works Coordinator, large tree trunks, which meet proper specifications may be milled into lumber suitable for use in a variety of applications. Milled lumber shall be returned to the City at a cost to be included in the bid proposal.
20) PARKING
The City of Maywood will make every attempt to identify a suitable space for parking of vehicles and equipment for the purpose of this contract, on preauthorized specific jobs. The vendor will hold the City Maywood harmless and release the City of liability I the result of theft or vandalism. Should a site not be available, then the vendor may park on City right-of-way near the project area(s). 21) INVOICES
Contractor shall be required to submit invoices via U.S. Postal Service, email and via work order system on a monthly basis. The invoice must reflect activity in a biweekly breakdown, i.e. 1st - 15th, 15th - end of month. Invoice format shall include but not be limited to a list of each street that tree maintenance operations took place, the address of each individual tree, the species and its height and trunk diameter of each individual tree. Failure to submit invoices in this format may result in non-payment until these requirements are met. 22) INSPECTIONS
The City of Maywood or its designated representative, shall, at all times, have access to the work and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials and equipment used and employed in the work. 23) WITHHOLDING PAYMENT
The City may withhold payment to such extent as may be necessary to protect the City from loss due to one or more of the following reasons:
• Defective or inadequate work not corrected.
• Claims filed, or reasonable evidence indicating probable filing of claims. • A reasonable doubt that the contract can be completed for the balance unpaid.
24) MINOR MODIFICATIONS AND/OR ADDITIONAL WORK
a. The City may modify these specifications with the joint approval of the Contractor and the Public Works Coordinator. All modifications shall be in writing.
b. In the event that the City of Maywood should require additional work beyond the requirements of these specifications, the Contractor shall perform all work at a competitive price.
c. Additional work may be added to the contract work as the need arises. The Contractor shall perform all specified and approved additional work at the unit prices submitted with this bid proposal. d. The Contractor must be willing to provide a competitive price for additional work that may be added to the contract. Contractor will be required to demonstrate the ability to properly execute the expanded workload with the necessary increase in labor, materials and equipment needed to complete the additional work in a timely manner.
e. The Contractor must have the ability to receive and respond to emergency situations and must respond to emergency call outs within one hundred twenty (120) minutes of receipt of the call. 25) COOPERATIVE PURCHASING
It is intended that other public agencies (i.e., city, county, school district, special district, public authority, public agency, and other political sub-division of the State of California) and/or other City departments shall have the option to participate in any agreement created as a result of this Request for Proposal with the same terms and conditions as to the price of the product and/or service. The City of Maywood shall incur no financial responsibility in connection with a purchase order from another public agency. Any public agency that "piggy-backs" on any negotiated contract between the City of Maywood and vendor shall accept sole responsibility for negotiating, placing orders and making payment to vendor. The vendor may or may not agree to the cooperative purchasing clause. 26) REQUESTS FOR CLARIFICATION
If any bidder, prior to submitting their bid should find any discrepancies and/or omissions from the specifications or other contract documents, or if they should be in doubt as to the true meaning of any part thereof, they shall at once make a written request to the City of Maywood Public Works Superintendent for corrections, clarification, or interpretation of the points in question. The person submitting such request shall be responsible for its prompt delivery TBD In the event that the Public Works Superintendent receives a request and it should be found that certain essential information is not clearly and fully set forth, or if the City discovers errors, omissions, or points requiring clarification in these
documents, a written addendum will be mailed to each person to whom a set of bid documents has been delivered. The City will not be responsible for any instructions, explanations, or interpretations of the documents presented to bidders in any manner other than written addendum.
V. SCHEDULE
Deadlines
Release of Requests for Proposals July 25, 2024
Submittal of Questions August 5, 2024, by 3:00 p.m.
Response to Questions August 9, 2024, by 4:00 p.m.
Proposal Due Date August 15, 2024, by 4:00 p.m.
Proposal Review/Evaluation Week of August 19, 2024
Optional Interview (if required) Week of August 19, 2024 Tentative City Council award August 28, 2024
Tentative Start date September 1, 2024
* These dates are anticipated and may change.
VI. QUESTIONS
All inquiries regarding this request must be submitted to PlanetBids. City will post responses to questions on PlanetBids.
VII. SUBMITTAL PROCEDURES
Submittals shall comply with all conditions, requirements and specifications contained herein, with any departure rendering the proposal non-responsive and may serve as grounds for rejection of the proposal at the City’s sole discretion. The submittal shall contain the name of this RFP.
Proposals shall be submitted in searchable PDF format on the City’s portal on PlanetBids at the following website: https://pbsystem.planetbids.com/portal/64496/portal-home Please address the Proposals to:
City of Maywood
Attention: Jerry Gomez
4319 Slauson Avenue
Maywood, CA 90270
Separate files shall be submitted for Technical and Cost Proposals. Submittals received after the specified date and time will be considered late and will not be considered for further evaluation.
VIII. SUBMITTAL FORMAT
All Respondents must submit qualifications according to the specifications set forth below. Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Responses should emphasize the Respondent’s demonstrated capability to perform work of this type.
Proposals shall be valid for a minimum of 90 days following submission. Expensive bindings, colored displays, promotional materials, etc., are not necessary or desired.
EMPHASIS SHOULD BE ON COMPLETENESS AND CLARITY OF CONTENT. The proposal shall not exceed 20 pages. The City reserves the right to request additional information that, in the City’s opinion, is necessary to ensure that the Proposer’s competence, qualified employees, business organization and financial resources are adequate for the performance of the services under this RFP.
A. WORK PROPOSAL
1. Cover Letter
a. Provide a cover letter including the Respondent’s name, address and telephone number of the contact person(s) who is authorized to submit the proposal on behalf of the Respondent. The cover letter shall include a brief general statement of intent to perform the services and correspondent that all elements of the RFP have been reviewed and understood. The letter should include a brief description of the Respondent’s Respondent. The letter should be signed by an individual who can bind the Respondent contractually.
b. There shall be one person from the Respondent identified in the proposal who shall be the Respondent’s designated representative and who is responsible for the services listed in "Section IV - Scope of Services" of this RFP (“Point of Contact”).
c. If applicable, Respondent shall acknowledge receipt of any addendum to the RFP.
2. Table of Contents
a. Include a table of content identifying the contents of the proposal in a format consistent with the proposal requirements and format set forth herein.
3. Experience and Qualifications
a. Describe the Respondent, its size and organization, the number and location of offices, and general operational structure, as well as its management and key personnel. Provide a description of the Respondent’s Respondent, its size and organization, the number and location of offices and general operational structure. Include a discussion demonstrating that the Respondent has the resources (financial,
equipment, labor and capacity) available to provide services under this RFP from the first day at the start of the work.
b. Provide a summary of Respondents qualification and experience in drone shows and programming. At a minimum, Respondent should have at least five (5) years consecutive experience.
c. Provide at least three references that received similar services from your Respondent at a minimum over the last five years. Include name of organization, contact name, telephone number and email address. d. Demonstrate the qualifications of all personnel to be assigned to the City, including key personnel, by providing resumes and/or relative experience summaries describing their education, credentials, licensing, training and related experience and their proposed roles for this contract. e. Provide an organization chart of the proposed team, including a contingency plan should a member of the proposed team be unable to fulfill their responsibilities.
f. Respondent shall hold the required license(s) to perform the work and provide proof of required license for itself and its personnel.
4. Approach to Scope of Services
a. This section should set forth a comprehensive description of the approach to providing the Scope of Services and should clearly demonstrate an understanding of the City’s requirements, the work to be done and the objectives to be accomplished.
b. Provide a description of the work plan for the services describing how each task under the Scope of Services will be accomplished. This may be used as an Exhibit for the Scope of Services to the agreement. c. Provide any other information or tasks that Respondent believes necessary to complete the Scope of Services.
5. Proposed Materials and Services
a. Proposal should indicate the company’s availability to provide the items listed in Attachment 1 and any other relevant materials and services for this proposal.
6. Substitutions
a. If you are unable to provide all the requested items, please indicate comparable substitutions and/or submit bid proposal for partial equipment.
Pricing must be itemized for each individual item and include tax and delivery/takedown.
B. COST PROPOSAL
1. Detailed Cost Proposal
a. Respondent shall submit a detailed cost proposal that shall include all tasks required to perform the Scope of Services. The cost proposal shall indicate how the City will be charged for services (i.e. unit, hourly or flat rate basis
as appropriate) for the term of the contract. Costs should include all services and materials, if any, needed to perform the Scope of Services. b. As it relates to the services under this RFP, if Respondent is proposing to provide the services on an hourly basis, the cost proposal shall identify the hourly rate for the personnel needed to complete the Scope of Services. c. In addition, Respondent shall also submit the rates/compensation for any “additional services” that Respondent can provide.
d. Provide a PDF file of the cost proposal and make clear all extra fees.
IX. AGREEMENT FOR PROFESSIONAL SERVICES
The City of Maywood’s Agreement for Professional Services (Attachment 1) is included for review and comment. The Respondent’s submission of a proposal indicates Respondent’s compliance of such terms, unless the proposal indicates that compliance is not possible. Proposed revisions should be addressed in the cover letter; however, the City maintains discretion to accept or reject the Respondent’s request for revisions. The City reserves the right to make any revisions to the proposed professional services agreement.
X. GENERAL ADMINISTRATIVE INFORMATION
All respondents are advised to become familiar with all conditions, instructions and specifications of this RFP. By submitting a proposal, Respondent represents that it has thoroughly examined and become familiar with the work required under this RFP and that the Respondent has conducted such additional investigation as it deems necessary and convenient (i.e. visiting the locations), that Respondent is capable of providing the equipment, goods and services necessary to furnish landscape maintenance in a manner that meets the City’s objectives in this RFP. Once the contract has been made, a failure to have read the conditions or conduct any investigations of the properties shall not be cause to alter the contract or for Respondent to request additional compensation.
Each Respondent understands and agrees that the City, its departments, its officers, employees or agents are not responsible for:
• Any costs incurred by a Respondent in the preparation, delivery or presentation of a proposal.
• Any costs incurred by a Respondent in meeting the criteria as a result of making or submitting a proposal or subsequently in entering into a formal agreement with the City; and
• Any errors, inaccuracies or misstatements related to the information or data supplied to any contractor by the City. The use of such information or data provided by the City, its officers, employees, or agents is intended to be used at the sole discretion and risk of the Respondent in the preparation of a proposal pursuant to this Request for Proposals only.
The selected Respondent shall comply with any and all Federal and State laws applicable to the services. All proposals submitted to the City of Maywood in response to this RFP shall become the property of the City and will not be returned and such proposals, after the agreement is awarded, are subject to the California Public Records Act.
The City reserves the right to accept, reject, modify, or cancel in whole or in part, this RFP. The City reserves the right to accept or reject any or all proposals, negotiate modifications to proposals that it deems acceptable, to request and consider additional information from any proposer, and to waive irregularities and technical defects in the proposal process, all in its sole discretion. The City has no obligation, express or implied, to make an award.
The City may reject proposals from Respondents who cannot satisfactorily provide the experience and qualifications required by this RFP and/or provides the scope of services required herein. The City reserves the right to seek new proposals when it determines that it is in the best interest to do so.
XI. SUBMITTAL DUE DATE
The submittal package must be received prior to the submittal date specified in "Section IV - Schedule" of this RFP. Respondents mailing a proposal must allow sufficient delivery time to ensure timely receipt of the proposal by the date and time specified. Submittals arriving after the deadline will not be considered.
XII. SELECTION PROCESS
All proposals timely received shall be reviewed to verify that the proposal meets the minimum requirements and qualifications. Proposals that have not complied with requirements, do not meet minimum content and quality standards, or take unacceptable exceptions to the professional services agreement, may be eliminated from further consideration at the discretion of the City. Proposals will be reviewed and evaluated by an evaluation committee comprised of City of Maywood personnel.
The City will be the sole and exclusive judge of quality and compliance with proposal specifications in any of the matters pertaining to this RFP. The City’s final selection will not be dictated on any single factor or criteria including price. The City reserves the right to award the contract(s) in any manner it deems to be in the best interest of the City and make the selection based on its sole discretion, notwithstanding the criteria set forth herein, including negotiating with one or more of the Respondents for the same services.
City will evaluate the proposals provided in response to this RFP based on the following criteria:
1. The City will evaluate Respondents based on meeting all of the City’s requirements and who offers the most advantageous combination of cost and high quality service. In addition to cost, however, the City will consider the
quality of services proposed, the financial qualification of, and the work experience of the proposer in determining the best value to the City.
2. Other criteria shall include, but not be limited to:
a. Quality and completeness of proposal
b. Qualifications and experience of proposer, including experience and qualifications of key personnel and staff
c. Similar experience and expertise in the type of work required, with the City or with other public agencies
d. Demonstrated understanding of the scope of services requested as well as capacity of respondent
e. References
f. Financial stability of proposer
g. Cost to the City
h. Oral interviews, if applicable.
i. Any other factors determined by the City to be relevant to the performance of these services.
XIII. AUTHORITY TO WITHDRAW
The City of Maywood reserves the right to withdraw this Request for Proposals without prior notice. The City of Maywood makes no representation that any agreement will be awarded to any Respondent as a result of having responded to this request. All proposals submitted to the City of Maywood in response to this RFP shall become the property of the City and will not be returned.
XIV. AWARD OF CONTRACT
Based on the outcome of the evaluation committee’s evaluation of the proposals, a recommendation will be submitted to the City Council for consideration of award. An award of a contract occurs when the contract is approved by the Maywood City Council. Selection of a respondent with whom the City enters into contract negotiations with or a recommendation of an award by the evaluation committee or any other party, does not constitute an award of a contract. The contract shall be in accordance with the attached Agreement.
XV. ATTACHMENTS
Attachment 1. Form Professional Services Agreement
ATTACHMENT 1
Form Professional Services Agreement
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated (“Effective Date”) and is between the City of Maywood, a California municipal corporation (“City”) and _____________ (“Contractor”). City and Contractor are sometimes referred to herein as the “Parties”, and individually as a “Party”.
RECITALS
A. City desires to utilize the services of Contractor as an independent Contractor to perform Tree Maintenance and Emergency Response Services.
B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Contractor and Contractor desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
The Parties therefore agree as follows:
1. CONSULTANT’S SERVICES.
A. Scope of Services. Contractor shall perform the services described in the Scope of Services (the “Services”), attached as Exhibit A. City may request, in writing, changes in the Scope of Services to be performed. Any changes mutually agreed upon by the Parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Contractor Representative shall be ________________ (the “Contractor Representative”). The Contractor Representative shall directly manage Contractor’s Services under this Agreement. Contractor shall not change the Contractor Representative without City’s prior written consent.
C. Time for Performance. Contractor shall commence the Services on the Effective Date and shall perform all Services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
D. Standard of Performance. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Contractor has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services
required under this Agreement shall be performed by Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.
F. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes, regulations and requirements.
G. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of Services under this Agreement, including a business license.
2. TERM OF AGREEMENT. THE TERM OF THIS AGREEMENT SHALL BE FROM THE EFFECTIVE DATE THROUGH _________________, UNLESS SOONER TERMINATED AS PROVIDED IN SECTION 12 OF THIS AGREEMENT OR EXTENDED.
3. COMPENSATION.
A. Compensation. As full compensation for Scope of Services satisfactorily rendered, City agrees to compensate Contractor, and Contractor agrees to accept in full satisfaction for the services required by this Agreement, __________________, as more particularly described in Exhibit B (“Compensation”). Said Compensation shall constitute reimbursement of Contractor’s fee for the services as well as the actual cost of any staff time, other direct or indirect costs or fees, including the work of employees, 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 Contractor be paid more than $___________, which includes expenses and additional services (if any) during the term of this Agreement (“Maximum Compensation”).
B. Expenses. The City will not reimburse Contractor for any expenses, unless expenses are agreed upon in advance in writing by both parties and/or set forth in Exhibit B.
C. Unauthorized Services and Expenses. City will not pay for any services not specified in the Scope of Services, unless the City Council or the City Representative, if applicable, and the Contractor Representative authorize such services in writing prior to Contractor’s performance of those services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council or the City Representative shall be compensated at the rates set forth in Exhibit B, or, if not specified, at a rate mutually agreed to by the Parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
4. METHOD OF PAYMENT.
A. Invoices. Contractor shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Contractor in writing within ten Business days of receipt of any disputed invoice amounts.
B. Payment. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement or within such other reasonable time dependent on the City’s warrant run procedures. City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Contractor. Notwithstanding the preceding sentence, if Contractor is a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.
C. Audit of Records. Contractor shall make all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement available during Contractor’s regular working hours to City for review and audit by City.
5. INDEPENDENT CONTRACTOR. CONTRACTOR IS, AND SHALL AT ALL TIMES REMAIN AS TO CITY, A WHOLLY INDEPENDENT CONTRACTOR. CONTRACTOR SHALL HAVE NO POWER TO INCUR ANY DEBT, OBLIGATION, OR LIABILITY ON BEHALF OF CITY. NEITHER CITY NOR ANY OF
ITS AGENTS SHALL HAVE CONTROL OVER THE CONDUCT OF CONTRACTOR OR ANY OF CONTRACTOR’S EMPLOYEES, EXCEPT AS SET FORTH IN THIS AGREEMENT. CONTRACTOR
SHALL NOT, AT ANY TIME, OR IN ANY MANNER, REPRESENT THAT IT OR ANY OF ITS OFFICERS, AGENTS OR EMPLOYEES ARE IN ANY MANNER EMPLOYEES OF CITY.
6. INFORMATION AND DOCUMENTS.
A. Contractor covenants that all data, reports, documents, discussion, or other information (collectively “Data”) developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Contractor, its officers, employees, agents, or subconsultants shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena.
B. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.
C. All Data required to be furnished to City in connection with this Agreement shall become City’s property, and City may use all or any portion of the Data submitted by Contractor as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City’s sole property and may be used, reused or otherwise disposed of by City without Contractor’s permission. Contractor may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Contractor.
D. Contractor’s covenants under this Section shall survive the expiration or termination of this Agreement.
7. CONFLICTS OF INTEREST. CONTRACTOR AND ITS OFFICERS, EMPLOYEES,
ASSOCIATES AND SUBCONTRACTORS, IF ANY, SHALL COMPLY WITH ALL CONFLICT OF INTEREST STATUTES OF THE STATE OF CALIFORNIA APPLICABLE TO CONTRACTOR’S SERVICES UNDER THIS AGREEMENT, INCLUDING THE POLITICAL REFORM ACT (GOV. CODE § 81000, ET SEQ.) AND GOVERNMENT CODE SECTION 1090. DURING THE TERM OF THIS
AGREEMENT, CONTRACTOR MAY PERFORM SIMILAR SERVICES FOR OTHER CLIENTS, BUT
CONTRACTOR AND ITS OFFICERS, EMPLOYEES, ASSOCIATES AND SUBCONTRACTORS SHALL NOT, WITHOUT THE CITY REPRESENTATIVE’S PRIOR WRITTEN APPROVAL, PERFORM WORK
FOR ANOTHER PERSON OR ENTITY FOR WHOM CONTRACTOR IS NOT CURRENTLY PERFORMING
WORK THAT WOULD REQUIRE CONTRACTOR OR ONE OF ITS OFFICERS, EMPLOYEES,
ASSOCIATES OR SUBCONTRACTORS TO ABSTAIN FROM A DECISION UNDER THIS AGREEMENT PURSUANT TO A CONFLICT OF INTEREST STATUTE. CONTRACTOR SHALL INCORPORATE A
CLAUSE SUBSTANTIALLY SIMILAR TO THIS SECTION INTO ANY SUBCONTRACT THAT CONTRACTOR EXECUTES IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT.
8. INDEMNIFICATION, HOLD HARMLESS, AND DUTY TO DEFEND.
A. Indemnities.
1) To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent Contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or
willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent Contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2). 3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
B. Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Contractor’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.
9. INSURANCE.
A. Minimum Scope and Limits of Insurance. Contractor shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of $1,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $1,000,000.00 per project or location. If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds. 2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $1,000,000.00 per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Contractor shall provide insurance in the amount required by California law.
3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Contractor has no employees while performing Services under this Agreement, workers’ compensation policy is not required, but Contractor shall execute a declaration that it has no employees.
B. Acceptability of Insurers. The insurance policies required under this Section shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide or such other rating as approved by the City Manager. Self insurance shall not be considered to comply with the insurance requirements under this Section.
C. Additional Insured. The general liability policy shall contain an endorsement naming City and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.
D. Primary and Non-Contributing. The insurance policies required under this Section shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section shall not prohibit Contractor and Contractor’s employees, agents or
subconsultants from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Contractor shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Contractor shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Contractor’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor’s expense, the premium thereon.
Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.
I. Evidence of Insurance. Prior to the performance of Services under this Agreement, Contractor shall furnish City’s Risk Manager or such other official designed by the City Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City’s approval. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on file with City’s Risk Manager. Contractor shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.
Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of Contractor’s duty to indemnify City under Section 8 of this Agreement.
K. SubContractor Insurance Requirements. Contractor shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.
10. MUTUAL COOPERATION.
A. City’s Cooperation. City shall provide Contractor with all pertinent Data, documents and other requested information as is reasonably available for Contractor’s proper performance of the Services required under this Agreement.
B. Contractor’s Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance of Services rendered under this Agreement, Contractor shall render any reasonable assistance that City requires.
11. RECORDS AND INSPECTIONS. CONTRACTOR SHALL MAINTAIN COMPLETE AND
ACCURATE RECORDS WITH RESPECT TO TIME, COSTS, EXPENSES, RECEIPTS,
CORRESPONDENCE, AND OTHER SUCH INFORMATION REQUIRED BY CITY THAT RELATE TO THE PERFORMANCE OF THE SERVICES. ALL SUCH RECORDS SHALL BE MAINTAINED IN
ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AND SHALL BE CLEARLY IDENTIFIED AND READILY ACCESSIBLE. CONTRACTOR SHALL PROVIDE FREE ACCESS TO CITY,
ITS DESIGNEES AND REPRESENTATIVES AT REASONABLE TIMES, AND SHALL ALLOW CITY TO
EXAMINE AND AUDIT THE BOOKS AND RECORDS, TO MAKE TRANSCRIPTS THEREFROM AS
NECESSARY, AND TO INSPECT ALL WORK, DATA, DOCUMENTS, PROCEEDINGS AND ACTIVITIES RELATED TO THIS AGREEMENT. SUCH RECORDS, TOGETHER WITH SUPPORTING DOCUMENTS, SHALL BE MAINTAINED FOR A PERIOD OF THREE YEARS AFTER RECEIPT OF FINAL PAYMENT.
12. TERMINATION OF AGREEMENT.
A. Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Contractor at least ten calendar days before the termination is to be effective. Contractor may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least 60 calendar days before the termination is to be effective.
B. Obligations upon Termination. Contractor shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Contractor, City shall pay Contractor based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Services required by this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation.
13. FORCE MAJEURE. CONTRACTOR SHALL NOT BE LIABLE FOR ANY FAILURE TO
PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT IF CONTRACTOR PRESENTS ACCEPTABLE EVIDENCE, IN CITY’S SOLE JUDGMENT, THAT SUCH FAILURE WAS DUE TO ACTS
OF GOD, EMBARGOES, INABILITY TO OBTAIN LABOR OR MATERIALS OR REASONABLE
SUBSTITUTES FOR LABOR OR MATERIALS, GOVERNMENTAL RESTRICTIONS, GOVERNMENTAL
REGULATIONS, GOVERNMENTAL CONTROLS, JUDICIAL ORDERS, ENEMY OR HOSTILE
GOVERNMENTAL ACTION, CIVIL COMMOTION, FIRE OR OTHER CASUALTY, OR OTHER CAUSES BEYOND CONTRACTOR’S REASONABLE CONTROL AND NOT DUE TO ANY ACT BY CONTRACTOR.
14. DEFAULT.
A. Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default.
B. In addition to the right to terminate pursuant to Section 12, if the City Manager determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, City shall serve Contractor with written notice of the default. Contractor shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
15. NOTICES. ANY NOTICE, CONSENT, REQUEST, DEMAND, BILL, INVOICE, REPORT OR
OTHER COMMUNICATION REQUIRED OR PERMITTED UNDER THIS AGREEMENT SHALL BE IN WRITING AND CONCLUSIVELY DEEMED EFFECTIVE: (A) ON PERSONAL DELIVERY, (B) ON CONFIRMED DELIVERY BY COURIER SERVICE DURING CONTRACTOR’S AND CITY’S REGULAR
BUSINESS HOURS, OR (C) THREE BUSINESS DAYS AFTER DEPOSIT IN THE UNITED STATES
MAIL, BY FIRST CLASS MAIL, POSTAGE PREPAID, AND ADDRESSED TO THE PARTY TO BE NOTIFIED AS SET FORTH BELOW:
If to City: If to Contractor:
Attn: City Manager _________________
City of Maywood _________________
4319 East Slauson Avenue _________________
Maywood, California 90270 _________________
16. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY. IN THE
PERFORMANCE OF THIS AGREEMENT, CONTRACTOR SHALL NOT DISCRIMINATE AGAINST ANY
EMPLOYEE, SUBCONTRACTOR OR APPLICANT FOR EMPLOYMENT BECAUSE OF RACE, COLOR,
RELIGIOUS CREED, SEX, GENDER, GENDER IDENTITY, GENDER EXPRESSION, MARITAL STATUS,
NATIONAL ORIGIN, ANCESTRY, AGE, PHYSICAL DISABILITY, MENTAL DISABILITY, MEDICAL
CONDITION, GENETIC INFORMATION, SEXUAL ORIENTATION OR OTHER BASIS PROHIBITED BY LAW. CONTRACTOR WILL TAKE AFFIRMATIVE ACTION TO ENSURE THAT SUBCONTRACTORS
AND APPLICANTS ARE EMPLOYED, AND THAT EMPLOYEES ARE TREATED DURING
EMPLOYMENT, WITHOUT REGARD TO THEIR RACE, COLOR, RELIGIOUS CREED, SEX, GENDER,
GENDER IDENTITY, GENDER EXPRESSION, MARITAL STATUS, NATIONAL ORIGIN, ANCESTRY,
AGE, PHYSICAL DISABILITY, MENTAL DISABILITY, MEDICAL CONDITION, GENETIC INFORMATION OR SEXUAL ORIENTATION.
17. PROHIBITION OF ASSIGNMENT AND DELEGATION. CONTRACTOR SHALL NOT ASSIGN
ANY OF ITS RIGHTS OR DELEGATE ANY OF ITS DUTIES UNDER THIS AGREEMENT, EITHER IN WHOLE OR IN PART, WITHOUT CITY’S PRIOR WRITTEN CONSENT. CITY’S CONSENT TO AN
ASSIGNMENT OF RIGHTS UNDER THIS AGREEMENT SHALL NOT RELEASE CONTRACTOR FROM
ANY OF ITS OBLIGATIONS OR ALTER ANY OF ITS PRIMARY OBLIGATIONS TO BE PERFORMED UNDER THIS AGREEMENT. ANY ATTEMPTED ASSIGNMENT OR DELEGATION IN VIOLATION OF
THIS SECTION SHALL BE VOID AND OF NO EFFECT AND SHALL ENTITLE CITY TO TERMINATE THIS AGREEMENT. AS USED IN THIS SECTION, “ASSIGNMENT” AND “DELEGATION” MEANS ANY
SALE, GIFT, PLEDGE, HYPOTHECATION, ENCUMBRANCE OR OTHER TRANSFER OF ALL OR ANY
PORTION OF THE RIGHTS, OBLIGATIONS, OR LIABILITIES IN OR ARISING FROM THIS AGREEMENT
TO ANY PERSON OR ENTITY, WHETHER BY OPERATION OF LAW OR OTHERWISE, AND
REGARDLESS OF THE LEGAL FORM OF THE TRANSACTION IN WHICH THE ATTEMPTED TRANSFER OCCURS.
18. NO THIRD PARTY BENEFICIARIES INTENDED. THIS AGREEMENT IS MADE SOLELY FOR
THE BENEFIT OF THE PARTIES TO THIS AGREEMENT AND THEIR RESPECTIVE SUCCESSORS
AND ASSIGNS, AND NO OTHER PERSON OR ENTITY MAY HAVE OR ACQUIRE A RIGHT BY VIRTUE OF THIS AGREEMENT.
19. WAIVER. NO DELAY OR OMISSION TO EXERCISE ANY RIGHT, POWER OR REMEDY
ACCRUING TO CITY UNDER THIS AGREEMENT SHALL IMPAIR ANY RIGHT, POWER OR REMEDY
OF CITY, NOR SHALL IT BE CONSTRUED AS A WAIVER OF, OR CONSENT TO, ANY BREACH OR DEFAULT. NO WAIVER OF ANY BREACH, ANY FAILURE OF A CONDITION, OR ANY RIGHT OR REMEDY UNDER THIS AGREEMENT SHALL BE (1) EFFECTIVE UNLESS IT IS IN WRITING AND SIGNED BY THE PARTY MAKING THE WAIVER, (2) DEEMED TO BE A WAIVER OF, OR CONSENT TO, ANY OTHER BREACH, FAILURE OF A CONDITION, OR RIGHT OR REMEDY, OR (3) DEEMED TO CONSTITUTE A CONTINUING WAIVER UNLESS THE WRITING EXPRESSLY SO STATES.
20. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. THE ACCEPTANCE BY
CONTRACTOR OF THE FINAL PAYMENT MADE UNDER THIS AGREEMENT SHALL OPERATE AS AND
BE A RELEASE OF CITY FROM ALL CLAIMS AND LIABILITIES FOR COMPENSATION TO CONTRACTOR FOR ANYTHING DONE, FURNISHED OR RELATING TO CONTRACTOR’S WORK OR SERVICES. ACCEPTANCE OF PAYMENT SHALL BE ANY NEGOTIATION OF CITY’S CHECK OR THE
FAILURE TO MAKE A WRITTEN EXTRA COMPENSATION CLAIM WITHIN TEN CALENDAR DAYS OF THE RECEIPT OF THAT CHECK. HOWEVER, APPROVAL OR PAYMENT BY CITY SHALL NOT
CONSTITUTE, NOR BE DEEMED, A RELEASE OF THE RESPONSIBILITY AND LIABILITY OF
CONTRACTOR, ITS EMPLOYEES, SUBCONTRACTORS AND AGENTS FOR THE ACCURACY AND COMPETENCY OF THE INFORMATION PROVIDED AND/OR WORK PERFORMED; NOR SHALL SUCH
APPROVAL OR PAYMENT BE DEEMED TO BE AN ASSUMPTION OF SUCH RESPONSIBILITY OR
LIABILITY BY CITY FOR ANY DEFECT OR ERROR IN THE WORK PREPARED BY CONTRACTOR, ITS EMPLOYEES, SUBCONTRACTORS AND AGENTS.
21. CORRECTIONS. IN ADDITION TO THE ABOVE INDEMNIFICATION OBLIGATIONS,
CONTRACTOR SHALL CORRECT, AT ITS EXPENSE, ALL ERRORS IN THE WORK WHICH MAY BE DISCLOSED DURING CITY’S REVIEW OF CONTRACTOR’S REPORT OR PLANS. SHOULD
CONTRACTOR FAIL TO MAKE SUCH CORRECTION IN A REASONABLY TIMELY MANNER, SUCH
CORRECTION MAY BE MADE BY CITY, AND THE COST THEREOF SHALL BE CHARGED TO CONTRACTOR. IN ADDITION TO ALL OTHER AVAILABLE REMEDIES, CITY MAY DEDUCT THE
COST OF SUCH CORRECTION FROM ANY RETENTION AMOUNT HELD BY CITY OR MAY WITHHOLD
PAYMENT OTHERWISE OWED CONTRACTOR UNDER THIS AGREEMENT UP TO THE AMOUNT OF THE COST OF CORRECTION.
22. NON-APPROPRIATION OF FUNDS. PAYMENTS TO BE MADE TO CONTRACTOR BY CITY
FOR SERVICES PERFORMED WITHIN THE CURRENT FISCAL YEAR ARE WITHIN THE CURRENT
FISCAL BUDGET AND WITHIN AN AVAILABLE, UNEXHAUSTED FUND. IN THE EVENT THAT CITY DOES NOT APPROPRIATE SUFFICIENT FUNDS FOR PAYMENT OF CONTRACTOR’S SERVICES
BEYOND THE CURRENT FISCAL YEAR, THIS AGREEMENT SHALL COVER PAYMENT FOR CONTRACTOR’S SERVICES ONLY TO THE CONCLUSION OF THE LAST FISCAL YEAR IN WHICH
CITY APPROPRIATES SUFFICIENT FUNDS AND SHALL AUTOMATICALLY TERMINATE AT THE CONCLUSION OF SUCH FISCAL YEAR.
23. EXHIBITS. EXHIBITS A AND B CONSTITUTE A PART OF THIS AGREEMENT AND ARE INCORPORATED INTO THIS AGREEMENT BY THIS REFERENCE. IF ANY INCONSISTENCY EXISTS
OR ARISES BETWEEN A PROVISION OF THIS AGREEMENT AND A PROVISION OF ANY EXHIBIT, OR BETWEEN A PROVISION OF THIS AGREEMENT AND A PROVISION OF CONTRACTOR’S PROPOSAL, THE PROVISIONS OF THIS AGREEMENT SHALL CONTROL.
24. ENTIRE AGREEMENT AND MODIFICATION OF AGREEMENT. THIS AGREEMENT AND ALL
EXHIBITS REFERRED TO IN THIS AGREEMENT CONSTITUTE THE FINAL, COMPLETE AND
EXCLUSIVE STATEMENT OF THE TERMS OF THE AGREEMENT BETWEEN THE PARTIES
PERTAINING TO THE SUBJECT MATTER OF THIS AGREEMENT AND SUPERSEDE ALL OTHER
PRIOR OR CONTEMPORANEOUS ORAL OR WRITTEN UNDERSTANDINGS AND AGREEMENTS OF THE PARTIES. NO PARTY HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, NOR IS
ANY PARTY RELYING ON, ANY REPRESENTATION OR WARRANTY EXCEPT THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. THIS AGREEMENT MAY NOT BE AMENDED, NOR ANY PROVISION OR BREACH HEREOF WAIVED, EXCEPT IN A WRITING SIGNED BY BOTH PARTIES.
25. HEADINGS. THE HEADINGS IN THIS AGREEMENT ARE INCLUDED SOLELY FOR
CONVENIENCE OF REFERENCE AND SHALL NOT AFFECT THE INTERPRETATION OF ANY
PROVISION OF THIS AGREEMENT OR ANY OF THE RIGHTS OR OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT.
26. WORD USAGE. UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE, (A) THE WORDS “SHALL,” “WILL” AND “AGREES” ARE MANDATORY AND “MAY” IS PERMISSIVE; (B) “OR” IS NOT EXCLUSIVE; AND (C) “INCLUDES” OR “INCLUDING” ARE NOT LIMITING.
27. TIME OF THE ESSENCE. TIME IS OF THE ESSENCE IN RESPECT TO ALL PROVISIONS OF THIS AGREEMENT THAT SPECIFY A TIME FOR PERFORMANCE; PROVIDED, HOWEVER, THAT THE
FOREGOING SHALL NOT BE CONSTRUED TO LIMIT OR DEPRIVE A PARTY OF THE BENEFITS OF ANY GRACE OR USE PERIOD ALLOWED IN THIS AGREEMENT.
28. BUSINESS DAYS. “BUSINESS DAYS” MEANS DAYS MAYWOOD CITY HALL IS OPEN FOR BUSINESS.
29. GOVERNING LAW AND CHOICE OF FORUM. THIS AGREEMENT, AND ANY DISPUTE
ARISING FROM THE RELATIONSHIP BETWEEN THE PARTIES TO THIS AGREEMENT, SHALL BE
GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
CALIFORNIA, EXCEPT THAT ANY RULE OF CONSTRUCTION TO THE EFFECT THAT AMBIGUITIES
ARE TO BE RESOLVED AGAINST THE DRAFTING PARTY SHALL NOT BE APPLIED IN INTERPRETING THIS AGREEMENT. ANY DISPUTE THAT ARISES UNDER OR RELATES TO THIS AGREEMENT (WHETHER CONTRACT, TORT OR BOTH) SHALL BE RESOLVED IN A SUPERIOR COURT WITH GEOGRAPHIC JURISDICTION OVER THE CITY OF MAYWOOD.
30. ATTORNEYS’ FEES. IN ANY LITIGATION OR OTHER PROCEEDING BY WHICH A PARTY
SEEKS TO ENFORCE ITS RIGHTS UNDER THIS AGREEMENT (WHETHER IN CONTRACT, TORT OR
BOTH) OR SEEKS A DECLARATION OF ANY RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ALL ATTORNEYS’ FEES, EXPERTS’
FEES, AND OTHER COSTS ACTUALLY INCURRED IN CONNECTION WITH SUCH LITIGATION OR
OTHER PROCEEDING, IN ADDITION TO ALL OTHER RELIEF TO WHICH THAT PARTY MAY BE ENTITLED.
31. SEVERABILITY. IF A COURT OF COMPETENT JURISDICTION HOLDS ANY PROVISION OF
THIS AGREEMENT TO BE ILLEGAL, INVALID OR UNENFORCEABLE FOR ANY REASON, THE
VALIDITY OF AND ENFORCEABILITY OF THE REMAINING PROVISIONS OF THIS AGREEMENT SHALL NOT BE AFFECTED AND CONTINUE IN FULL FORCE AND EFFECT.
32. COUNTERPARTS. THIS AGREEMENT MAY BE EXECUTED IN MULTIPLE COUNTERPARTS,
ALL OF WHICH SHALL BE DEEMED AN ORIGINAL, AND ALL OF WHICH WILL CONSTITUTE ONE AND THE SAME INSTRUMENT.
33. CORPORATE AUTHORITY. EACH PERSON EXECUTING THIS AGREEMENT ON BEHALF
OF HIS OR HER PARTY WARRANTS THAT HE OR SHE IS DULY AUTHORIZED TO EXECUTE THIS
AGREEMENT ON BEHALF OF THAT PARTY AND THAT BY SUCH EXECUTION, THAT PARTY IS FORMALLY BOUND TO THE PROVISIONS OF THIS AGREEMENT.
[SIGNATURE PAGE FOLLOWS]
The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.
City:
City of Maywood,
a California municipal corporation
By:
Eddie De LA Riva, Mayor
ATTEST:
By:
Brian E. Juarez, City Clerk
APPROVED AS TO FORM:
By:
Roxanne Diaz, City Attorney
Contractor:
_________________________
By:
Name: _______________________
Title: ________________________
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 11.
DATE: July 24, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: OKAN DEMIRCI, CITY ENGINEER
SUBJECT: ACCEPTANCE OF SIDEWALK REHABILITATION PROJECT FY 2023-2024 (CDBG) RECOMMENDATION:
Staff recommends that the City Council:
1. Accept the project completion for the Sidewalk Rehabilitation Project FY 2023-2024 (CDBG) as performed by S & H Civil Works, Inc., for a total amount of $92,422.70; 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 $4,621.14 to S & H Civil Works within 35 days following recordation of the Notice of Completion.
BACKGROUND:
On April 24, 2024, the City Council awarded a public works contract totaling $81,715.00 to S & H Civil Works for the Sidewalk Rehabilitation Project FY 2023-2024 (CDBG). The project construction budget also includes contingency budget of $20,429.00 (25% of Contract) for any unforeseen conditions as necessary. The total established construction budget was $102,144.00.
Construction activities were completed by the Contractor and confirmed by the City Engineer. The work was completed within the approved budget.
DISCUSSION:
The project includes removal of existing sidewalks, spandrels and curb ramps at various locations Citywide and other incidental and appurtenant work necessary for the proper construction of new sidewalks, spandrels and curb ramps.
All required improvements were constructed in conformance with the approved plans and specifications. The work was performed within the contractually specified duration and to the City Engineer’s satisfaction.
Construction costs totaled $92,422.70, which is within the approved construction budget.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
There is no fiscal impact associated with this action, work was completed within previously approved budget.
ATTACHMENT(S)
1. Attachment 1 Notice of Completion
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 22, 2024.
The work was: Sidewalk Rehabilitation Project FY 2023-2024 (CDBG)
8. The name of the contract, if any, for such work of improvement was S&H Civil Works . May 1, 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: City owned various locations. _____________________________________________________________________________
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.))
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 12.
DATE: July 24, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: CLAUDIA ZAVALA, COMMUNITY SERVICES SUPERVISOR
SUBJECT: DISCUSS AND PROVIDE DIRECTION REGARDING PARK USAGE FEES AND
ADOPTING RULES AND REGULATIONS FOR FIELD RESERVATIONS AT DODGERS
DREAMFIELD AT MAYWOOD PARK
RECOMMENDATION:
Staff recommends that the City Council provide direction on the proposed fee usage and approve the updated rules and regulations for the Dodgers Dreamfield at Maywood Park.
BACKGROUND:
On August 10, 2022, the City Council directed the staff to undertake research on the following topics:
1. Imposing penalties for groups found drinking during or after field reservations; and
2. Explore the possibility of suspending groups and implementing a non-refundable deposit in case of alcohol consumption, with the potential for a two-year suspension after an initial warning.
In addition, the City retained Revenue & Costs Specialists in November 2023 to assist in the review of the current fee schedule for the baseball field rental.
DISCUSSION:
Alcohol Consumption
On March 22, 2023, the City Council approved Ordinance No. 23-03, which amends the general penalty provisions in the Maywood Municipal Code. It also revises the classification of penalties for violations related to activities in the Parks, as outlined in Chapter 3 of Title 10 of the Maywood Municipal Code. The violations cover a range of offenses, such as damaging and removing park property, camping, and possessing, carrying, or consuming intoxicating liquor in a park. The ordinance designates any violation of Section 10-3.01 as a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000.00), imprisonment for a term not exceeding six (6) months, or both fine and imprisonment. This ordinance enhances the enforcement capabilities of the Sheriff’s Department and the City Prosecutor in dealing with these violations.
In light of these developments, staff has updated the rules and regulations that will be enforced for reserving the Dodgers Dreamfield at Maywood Park. Additionally, the following policies have been added:
1. Consistent with the approved Ordinance No. 23-03, as amended on March 22, 2023, by the Maywood
City Council, any violations, including damaging and removing park property, camping, and possessing, carrying, or consuming intoxicating liquor in a park, will be treated as a misdemeanor under Section 10-
3.01. Convictions for such violations may result in a fine not exceeding one thousand dollars ($1,000.00), imprisonment for a term not exceeding six (6) months, or both fine and imprisonment.
2. Individuals caught violating these policies will forfeit their deposit and may face potential suspension of any future reservations at the discretion of the City Manager.
Rental Requests
Interest in renting the Dodger Dreamfield has increased over the past year. Due to this, staff researched nearby cities with similar field rentals and found that most have classification groups to determine priority in field assignment. For consistency with reservations, classification groups have been added to the rules and regulations for the City Council's consideration. Additionally, due to the increased demand, staff have expanded the available rental hours. Staff recommends that the City Council consider the following classifications and rental availabitily:
Group Classifications
1. Activities or programs conducted and/or sponsored or co-sponsored by the City of Maywood.
2. Schools located within the City of Maywood.
3. Recognized groups that partnered with the City for the park renovation.
4. Resident Youth Non-Profit Groups (60% residency)
5. Non-Profit Resident Adult Groups (60% residency)
6. Youth Resident Groups (60% residency)
7. Adult Resident Groups (60% residency)
8. All Other Groups
FIELD USAGE AVAILABILITY
Field availability is as follows:
• During the months of March to May, the field will be reserved for LAUSD Maywood High School Baseball & Softball Teams.
• During the months of April to August, the field will be reserved for the YMCA Dodgers Dreamteam Program.
• On days that the schools are not using the field, the Dodgers Dreamteam Program will have priority.
FIELD RENTAL HOURS
February Monday – Friday
Saturdays
10AM – 2PM
9AM – 2PM
March – May Monday – Friday
Saturdays
9AM – 11AM
No Availability
May - August Monday – Friday
Saturdays
9AM – 3PM
No Availability
August – October Monday – Friday
Saturdays
9AM – 3PM
9AM – 2PM
Fee Considerations:
Staff has identified the cost per hour to operate the field, as found in detail within the attached report, at $152.71 per hour. However, based on surrounding field rentals, the marketplace would not be willing to pay this hourly rate. Based on this finding and the attached field rental comparison report, staff recommends that the City Council only increase costs for staff time and for use of the score board which would need to be
monitored by City staff. Below is a chart which breaks down these proposed fees.
Maywood Current Fees Proposed Fees
Field Rental $35/hour(base set up
included)
$35/hour(base set up
included)
Nighttime rate $50/hour(base & lights
included
$50/hour(base & lights
included
Field Lights Included in Night Fee Included in Night Fee Scoreboard None $20 Per Hour
Staff fees $16 Per Hour $20 Per Hour
Field Prep (Dragging field
& Chalking lines)
$75 (optional) $75 (optional)
Batting Cages Included in Field Rental
Fee
Security Deposit $200 $200
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
There is no significant fiscal impact related to this action. Ultimately, the fee established by the City Council will ultimately assist with offsetting the maintenance of the field.
ATTACHMENT(S)
1. Dodgers Dreamfield Field Study
2. New FieldReservation&Guidelines 2024
Dodgers Baseball Field Study
for the
City of Maywood
July 2024
Prepared by:
Revenue & Cost Specialists, LLC
1519 E Chapman Ave, Ste C
Fullerton, CA 92831
www.revenuecost.com
The City of Maywood contracted with RCS to iden(fy the costs of the Dodgers Baseball Field and review rental fees for the Field. To do this, we met with City staff and iden(fied the contract cost to maintain the field and remove graffi(, which is detailed below.
MONTHLY ANNUAL
CONTRACT MAINTENANCE $4,500 $54,000
GRAFFITI REMOVAL $1,128
TOTAL FIELD COST $55,128
COST PER HOUR USED
$55,128 / 361 Hrs Used -
See Appx A $152.71
COST PER HOUR AVAILABLE
$55,128 / 3,713 Hrs Avail. -
See Appx A $14.85
LIGHTS
ELECTRICITY COST PER HOUR $15
The City does not have records to be able to detail the electricity costs per hour for the field. Therefore, we used an industry standard of $15 per hour, which includes electricity as well as maintenance and replacement of the lights. The actual cost could vary by the type and age of the lights.
The cost per hour is calculated in two ways. Since a field is typically used far less than it is available, the cost per hour used is far higher than cost per hour available during daylight hours. The groups that currently use the Field are listed below.
Annual Hours Used
Southeast Rio Vista YMCA 240
MaCES High School Baseball Team 91
Maywood Academy High School Baseball Team 30
This informa(on is provided in more detail as Appendix A.
Once we iden(fy the cost per hour to operate the Field, it informs our views of changes to the fees that could occur. But the determining factor for the fee is what the marketplace is willing to pay. It does no good to set the fee at cost recovery based on hours used ($152.71 per hour) if no one is willing to pay
that fee. Therefore, we performed a fee comparison of similar nearby baseball fields. This survey informa(on is detailed in Appendix B. There is a wide range of fees depending on the quality of the field and decisions to subsidize certain groups, especially local sports groups.
But, based on all this informa(on, we determined that very few changes are needed to the City’s current fees, other than adding an electronic scoreboard fee and a security deposit. The current and proposed fees are listed below.
Current Fees Proposed Fees
Field Rental $35/hour(base set up
included)
$35/hour(base set up
included)
Nighttime rate $50/hour(base & lights
included
$50/hour(base & lights
included
Field Lights Included in Night Fee Included in Night Fee Scoreboard None $20 Per Hour
Staff fees $16 Per Hour $20 Per Hour
Field Prep (Dragging
field & Chalking lines) $75 (optional) $75 (optional)
Batting Cages $10/hour Include in Field Rental Fee
Security Deposit $200 $200
We feel that these fees fit within the marketplace for the quality of the field while recovering some of the opera(ng costs.
RCS would like to thank City staff for their help with this report.
RespecGully submiHed,
Eric Johnson
President
CITY OF MAYWOOD Appendix A
DODGERS BASEBALL FIELDFIELD USAGE DETAIL
ORGANIZATION/RENTAL MONTHS REQUESTED DAYS USED HOURS USED TOTAL HOURS TOTAL REVENUE Monday – Thursday 2 hours per day 160 hours
Saturday 4 hours per day 80 hours
2 hours (practice) 68 hours (practice)
Game days vary 23 hours (games)
TOTAL- 91
HOURS
TOTAL HOURS USED 361TOTAL HOURS AVAILABLEDAYTIME: NOV-MAR 8AM-5PM 1,359 APR-OCT 8AM-7PM 2,354LIGHTED: NOV-MAR 5PM-10PM APR-OCT 7PM-10PMTOTAL 3,713 Southeast Rio Vista YMCA April 17 – August 31 $0 partner MaCES High School
Baseball Team January 30 – May 10 Monday – Friday $3,182.00 Maywood Academy High
School Baseball Team
Tuesday, Thursday
& Friday 5 hours per day 30 hours $1,050.00 March 21 & 28 April 18, 25, 28
CITY OF MAYWOOD Appendix B
DODGERS BASEBALL FIELDFEE DETAIL AND SURVEY INFORMATION Maywood Current Fees Proposed Fees CUDAHY HUNTINGTON PARK BELL GARDENS UPLAND TORRANCE DOWNEY SANTA FE SPRINGS Field Rental $35/hour(base set up included) $35/hour(base set up included) $25/hour $11-$36/hour $3-$30/hour $10-$20/hour $24-$40/hour $30/hour Nighttime rate $50/hour(base & lights included $50/hour(base & lights included $40/hr (resident) $45/hr (non- resident) $40/hour Field Lights Included in Night Fee Included in Night Fee $10/hour $11-$16/hour $15/hour $4-$25/hour $18/hour $27/hour Scoreboard None $20 Per Hour $9/hour (staff fees required) Staff fees $16 Per Hour $20 Per Hour $15/hour $18/hour $65/hour $36/hour Field Prep (Dragging field
& Chalking lines) $75 (optional) $75 (optional) $7 chalking field only $15/hr mainten. fee $35 chalk & bases $60 water & dragging $20/field Batting Cages $10/hr Include in Field Rental Fee
(private party )
$31/hour
$21/30min$12/15min
(up to 4 people )
$40 w/machine/30min
$35 no machine/30min
$65 w/machine/hour
$50 no machine/hour
$18/15min$25/30min$35/45min
$40/hr
$60/1.5hrs
$70/2hrs
Security Deposit $200 $200 $150 $500 $50 $100
RULES AND REGULATIONS GOVERNING USE OF
DODGERS DREAMFIELD AT MAYWOOD PARK
Dodger Dreamfield at Maywood Park
4801 E. 58th Street, Maywood, CA 90270
Maywood City Hall
4319 E. Slauson Avenue, Maywood, CA. 90270
(323) 562- 5700
Community Services Department
4319 E. Slauson Ave. Maywood, CA 90270
(323) 562-5722
INTRODUCTION
The Community Services Department oversees field usage at the Dodger Dreamfield at Maywood Park for a range of athletic, social, and recreational activities and programs, coordinating access for organizations and the general public. The City is dedicated to ensuring fair and equitable distribution of space.
Although demand often exceeds availability, the City strives to manage the field in a way that maximizes access for Maywood residents. All organizations requesting field use must adhere to the rules outlined in these policies.
GOALS
These policies aim to create a fair and equitable process for field use, prioritizing access for Maywood residents and community-based organizations. The City aims to support sports activities and promote health and wellness for all participants using its fields.
PURPOSE
The purpose of this policy is to establish regula�ons and processes to ensure the fair and equitable distribu�on of the Dodger Dreamfield, coordinate field space, preserve the field, prevent unsafe, unlawful, or unauthorized uses, and ensure financial accountability for any damage caused by field usage.
GROUP CLASSIFICATION
The following classification groups are designated solely to determine priority in field assignment and applicable fees.
a. Activities or programs conducted and/or sponsored or co-sponsored by the City of Maywood.
b. Schools located within the City of Maywood boundaries. c. Recognized Groups
i. YMCA (priority per agreement with the City).
ii. City of Vernon (priority per agreement with the City). d. Resident Youth Non-Profit Groups (60% residency)
e. Non-Profit Resident Adult Groups (60% residency)
f. Youth Resident Groups (60% residency)
g. Adult Resident Groups (60% residency)
h. All Other Groups
Eligibility determination for a team, group, or organization may be referred to the Community Services Department or its designee.
FIELD USAGE AVAILABILITY
Field availability is as follows:
- During the months of March to May, the field will be reserved for LAUSD Maywood High School Baseball & Softball Team
- During the months of April to August the field will be reserved for YMCA Dodgers Dreamteam Program
- On days that the schools are not using field, Dodgers Dreamteam Program will have priority.
Field Rental Hours
February Monday – Friday
Saturdays
10AM – 2PM
9AM – 2PM
March – May Monday – Friday
Saturdays
9AM – 11AM
No Availability
May - August Monday – Friday
Saturdays
9AM – 3PM
No Availability
August – October Monday – Friday
Saturdays
9AM – 3PM
9AM – 2PM
GENERAL PROCEDURES & GUIDELINES & RULES
1. Applications & Reservations
a. To reserve the field a Field Reservation Application must be completed and made at least 4 weeks prior to the event and shall be issued only to responsible adults (over age 21) with the authority to represent the organization or team and who will be present at the field throughout the activity.
b. All matters concerning the reservation will be handled by the Permittee only and a staff member from the Community Services Department.
c. All Permittee’s must possess a valid California Driver’s license or California Identification Card. Must provide updated contact information such as personal phone number and email anytime there is a change made. This is how the city will communicate with the user.
d. Permittee interested in reserving multiple days can secure their bookings for a
maximum of four (4) months in advance.
e. The Permittee group shall leave the field in a clean and orderly condition. Any concerns should be documented.;
f. The Permittee shall accept full responsibility for any damage to property or facility. g. The Permittee shall accept full responsibility for the conduct of those attending the event.
2. Cancellation or Schedule Adjustments
A cancellation is defined as when a permit is issued for the field, and the user group contacts the CITY to inform them that the permit for a specific day is no longer needed. a. Final arrangements or changes to the application must be made in person by the Permittee at least 2 weeks prior to the event date.
3. Rules & Regulations
a. Confetti and sunflower seeds are prohibited in the field, as well as the bleacher/restroom area.
b. The Permittee may not rearrange any part of the field set-up. c. Violation by Permittee or group of any rules and regulations established by the City of Maywood may affect future field requests.
d. Activities for minors shall be supervised by the Permittee and must be present during the entire time stipulated on the permit.
e. Consistent with the approved Ordinance No. 23-03, as amended on March 22, 2023, by the Maywood City Council, any violations, including damaging and removing park property, camping, and possessing, carrying, or consuming intoxicating liquor in a park, will be treated as a misdemeanor under Section 10-
3.01. Convictions for such violations may result in a fine not exceeding one thousand dollars ($1,000.00), imprisonment for a term not exceeding six (6) months, or both fine and imprisonment.
f. Individuals caught violating these policies will forfeit their deposit and may face potential suspension of any future reservations at the discretion of the City Manager.
g. Failure to observe the governing regulations may result in future applications being denied.
4. Field Maintenance
a. The field will undergo maintenance from November through January. Maintenance dates may vary at the discretion of the City.
b. Field lining/chalking must be completed during the reservation period. Additional time for chalking/lining can be purchased at an extra cost. Chalking/lining cannot be done the day before your reservation. Painting of the fields is prohibited. c. Prior permission is required for any posters, banners, and/or flyers attached to any part of the building. Approval from the Division’s Supervisor is necessary before hanging or displaying banners/posters.
d. Any equipment brought onto the premises must be removed by the permit group by the end of the day. All debris/trash must be collected from the facility, parking lots, facility curbsides, residential curbsides, and placed in trash cans or removed from the premises.
e. No permanent structures or equipment may be placed or erected on any City field/facility.
5. Insurance
a. The Permittee must provide a certificate of liability insurance for $1,000,000. b. The Certificate must include the City of Maywood as an additional insured. c. The address for the City is: 4319 E. Slauson Ave, Maywood, CA 90270 d. An Endorsement Letter must accompany the insurance certificate and must include the City’s address.
e. This certificate must be submitted upon approval of the application. Staff will notify the Permittee of the approval and provide a deadline of 3 days to submit the certificate.
f. A sample of the Certificate is attached at the end of this package.
6. State Law
a. VOLUNTERS – In accordance with California State Law (Chapter 2.7. Community Youth Athletic Programs [18900-18900] organizations shall ensure that all volunteers in contact with minors have been screened and have passed a criminal background check.
b. HEALTH DEPARTMENT - Senate Bills 602 and 303 require food handlers to have a California Food Handler Card. For specific requirements for concession stands, please go to Section 6 (Concession Stands/Snack Bars).
7. Code of Conduct
a. The City of Maywood is committed to maintaining a positive and respectful environment in all park facilities, including athletic fields. We strive to uphold high standards by providing quality programs, services, and facilities. b. NO ALCOHOLIC BEVERAGES ALLOWED ON THE PREMISES, INCLUDING THE PARKING LOT. Consistent with the approved Ordinance No. 23-03, as amended on March 22, 2023, by the Maywood City Council, any violations, including damaging and removing park property, camping, and possessing, carrying, or consuming intoxicating liquor in a park, will be treated as a misdemeanor under Section 10-
3.01. Convictions for such violations may result in a fine not exceeding one thousand dollars ($1,000.00), imprisonment for a term not exceeding six (6) months, or both fine and imprisonment.
c. Individuals caught violating these policies will forfeit their deposit and may face potential suspension of any future reservations at the discretion of the City Manager.
d. Failure to observe the governing regulations may result in future applications being denied.
e. City of Maywood parks and facilities are non-smoking facilities. This includes, but is not limited to smoking tobacco in any form (flavored or unflavored), cigarettes, cigars, water pipe/bong, marijuana, vaping, hookah, or similar type items. f. The following are considered inappropriate behavior:
i. Damaging facility materials, equipment, supplies, and grounds. ii. Using disruptive language that disturbs other participants. iii. Violating facility policies and procedures regarding loitering, sales, or solicitation.
iv. Possession, sale, or use of controlled substances.
v. Committing vandalism or littering in City facilities or on the grounds. vi. Violating any federal, state, or City laws and ordinances. vii. Engaging in any behavior that a reasonable person would find unprofessional, disturbing, and/or harmful to their physical and mental health.
8. Inclement Weather/Field Closure
The City reserves the right to cancel or suspend field use permits in situations where there is a risk of injury to players or potential damage to field, including but not limited to rainfall, storms, or other adverse weather conditions.
When inclement weather occurs, the City will assess field conditions to ensure they are safe for play.
User groups may request a refund, credit, or reschedule when fields are deemed unplayable. Rescheduling is subject to the availability of fie. Adjustments to fees will be made for any outstanding balances.
Permittee is encouraged to contact the Community Services Department at (323) 562- 5722 or email [email protected]. City representative will also notify your user group if fields are closed for any reason.
DEFINITION OF TERMS
For the purpose of this policy, below are the definitions or terms that are used within this policy:
a. Adult: A person age 18 or older.
b. Adult Group: An organization serving participants ages 18 and over with a minimum of ten (10) participants.
c. Application: A formal request for the use of the field. An application that is submitted does not guarantee the use of a field.
d. City: The City of Maywood
e. Field or Space: Can be used interchangeably.
f. Non-operational period – During this time of the year the field is closed for maintenance.
g. Non-profit: A group or team not making a profit. Such a group or team must be recognized by the Internal Revenue Service (IRS) as a non-profit organization in good standing. A letter of good standing must be current and on file with the City at all times.
h. Organized group: A group or team that is defined by a team name, a team uniform, a manager, a coach(es), runs drills during practice, and/or keeps score when playing a game.
i. Permittee: refers to the individual or organization that holds or obtains a permit for the use of a particular facility, field, or space.
j. Recognized Group: Recognized Groups have formal agreements with the City and collaborate with the specified non-profit organizations. These organizations operate under an "Everyone Plays" philosophy, meaning registration is open and inclusive to all youth in the community and the City.
k. Reservation or Permit: This can be used interchangeably and is the permission given to a person, company, or organization to use the field. l. Resident: A person living within the City of Maywood. m. Resident Team: An organization or team comprised of not less than 60% residents. n. Percentage of Resident: This is determined by dividing the total number of participants from Maywood residents by the total number of participants in the qualifying organizations. For instance, Organization A has a total of 200 participants, with 130 of them being Maywood residents. Therefore, 130 divided by 200 equals (=) 65% of participants are Maywood residents. o. Youth: A person age 17 years or younger
p. Youth Group: An organization serving participants ages 17 and under with a minimum of ten (10) participants.
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 13.
DATE: July 24, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: STEVE FOWLER, DIRECTOR OF BUILDING AND PLANNING
SUBJECT: DISCUSS AND PROVIDE DIRECTION REGARDING THE FULL COST ANALYSIS OF
THE RENTAL REGISTRATION FEES AND PENALTIES
RECOMMENDATION:
Staff recommends that the City Council discuss and provide direction to staff regarding the Rent Stabilization Program Cost of Services Study; select one of the two cost options and associated rental registration fees proposed in the Study, provide direction on the proposed late fees and direct staff to return the user fees associated with the selected cost option for adoption at a future City Council meeting.
BACKGROUND:
Maywood Rental Protection Ordinances
On August 23, 2023, the City Council adopted Ordinance 23-07 Rent Stabilization Ordinance, adding a new chapter 21 to Title 8 of the Maywood Municipal Code to establish Rent Stabilization Regulations. The Ordinance requires a rental registry, which is managed by 3Di Systems and accessed through the City's website. The software allows landlords to register and update their rental unit's information, update tenancy information, submit notices for evictions, and after adoption of a rental registry fee, landlords will pay an annual Rental Registry Fee through this software.
On October 25, 2023, the City Council adopted Ordinance 23-11, amending in its entirety Chapter 17 of Title 8 of the Maywood Municipal Code regarding Tenant Protections. The Ordinance updates and clarifies the termination of tenancy process between landlords and tenants. The Ordinance 23-11 also includes provisions regarding retaliatory eviction, just cause and no-fault just cause evictions, relocation assistance, protection over temporary untenantable conditions, and anti-harassment provisions.
The Registration Fee is established in Ordinance 23-07 to fund the City’s cost to implement, administer, monitor, support, and enforce the provisions of the rent stabilization regulation and tenant protection ordinances. As part of the Ordinance, a landlord shall pay to the City a Registration Fee for each of the landlord’s rental units registered in the City. The landlord is allowed by the ordinance to pass along half of the cost to each rental unit.
DISCUSSION:
Program Implementation
To fulfill its statutory requirement, the City hired Revenue & Cost Specialists (“RCS”) to conduct a Rent Stabilization Program Fee Study. RCS worked with staff to determine the city services to be provided under the Rent Stabilization Ordinances, identify necessary staff to provide such services, and estimate the number
of housing units affected by the Ordinance. Together with RCS, the City developed two preliminary staffing and budget plans, and RCS calculated the appropriate fees that would recover costs for City services.
Table 1: Projected Budgets
Cost Account
Option A -
Two New Staff
Option B -
Existing Staff
5103 - Employee Salaries - Full-Time 159,593 82,694
52xx - Benefits Subtotal 63,668 28,326
6115 - Legal 35,000 35,000
6115 - Registration Software 50,000 50,000
6115 - Hearing Officer 25,000 25,000
6115 - Policy & Process Development 10,000 10,000
6115 - Public Information 10,000 10,000
6202 - Office Materials & Supplies 1,048 639
6304 - Dues and Memberships 1,305 796
6307 - Conference / Meeting Travel 1,926 1,174
6316 - Misc Code Enforcement
Expenses
770 470
6501 - Applications/Software 3,852 2,348
9999 - Indirect Administrative Costs 72,430 49,290
Total Budget $434,592 $295,736
The proposed budget includes registration software, legal support, outside hearing officer costs, policy and process development support, public information support and general operating costs. The proposed budget also includes salary and benefit costs, based on two options of staffing levels: (1) Option A – Two New Staff, and (2) Option B – Existing Staff. Table 1. below presents the staffing levels for the two options, and you can see Option A includes two new staff along with 0.45 FTE of existing staff, for a total of 2.45 FTE. Option B will only utilize current staff, diverting 1.05 FTE of staff time from other City programs and services.
Table 2: Salary & Employee Benefits Costs
Option A – Two New Staff FTE
Staff
Hours
Salary
Costs
Benefit
Costs
Total
Costs
Housing Specialist (New) 1.00 1,630 68,624 15,863 84,487 Code Enforcement Officer
(New)
1.00 1,630 49,450 28,997 78,447
Code Enforcement Officer
(Current)
0.25 408 12,362 7,249 19,612
Director of Building and
Planning (Current)
0.20 326 29,157 11,558 40,715
Total Program Staffing 2.45 3,994 159,593 63,668 $223,261 For program operations, it is critical to focus on staff hours available for the program. Option A dedicates 3,994 total staff hours to the program, and Option B dedicates 1,712 hours. These hours are allocated to the following services within the Rent Stabilization Ordinances:
• Rental Registration – Section 8-21.12
• Petition Process – Section 8-21.08 to 8-21.10
• Enforcement and Compliance – Section 8-21.13
• Hearings and Appeals – Section 8-21.16
• Tenant Protections – Section 8-17
• Rent Stabilization Program Administration
RCS provided estimations of how many rental registries, renewals, petitions, termination of tenancies, and general communications the City would expect to receive, based on annual reports from other cities with rent control programs. RCS also recalculated the estimated number of rental units within the City, and stated their estimations are similar to previous estimates and other online data sources. Below are RCS’ estimated number of rental units
Table 3: Maywood Estimated Rental Units
City staff worked with RCS to allocate staff time to Maywood’s proposed Rent stabilization Program services, determining if such levels of service are reasonable. Table 7 and Table 8 of the attached Rent Stabilization Program Cost of Services Study for the City of Maywood summarizes the staffing work and services provided.
There were significant discussions as to what city services will be required under the Rent Stabilization Ordinances, which staff would be providing the service, and how much demand (how many times per year) is required for the service. Again, Table 7 and Table 8 provide the City’ and RCS’ most reasonable assumption of workload. For Option A – Two New Staff, the City identified the most likely positions (and costs) to provide the service. However, we will inform the City Council of changes to title, staffing level, and responsibilities, as the Rent Stabilization Program transitions to a full load. RCS recommends the City consider Option A – Two New Staff, because they do not believe existing staff can effectively manage a full workload when all rental units are registered within the City.
With the financial and service level data above, RCS calculated the recommended fees for the two options.
Table 4: Suggested Fee Options
Option A – Two
New Staff
Required Fee Per
Unit # of Units Projected Budget
Rental
Registration Fee
$90 4,655 $419,067
Registration
Exemption Fee
$63 245 $15,525
Total 4,900 $434,592
Option B –
Existing Staff
Required Fee Per
Unit # of Units Projected Budget
Rental
Registration Fee
$60 4,655 $280,211
Registration
Exemption Fee
$63 245 $15,525
Total 4,900 $295,736
The Registration Exemption Fee is based on the time it would take the Housing Specialist, at the fully burdened hourly rate, to process the exemption. Staff estimated approximately one hour, and the fee was calculated to be $63 per unit. The remaining time and budget for each option are spread equally among the number of units to calculate the $90 and $60 rental registration fees.
Program Startup
The City is continuing to register rental units, but has not collected any rental registration fees for the Program.
To date, 1,400 units have been registered, compared to RCS’ estimated 4,900 eligible units, and 356 approved registration exemptions. The total number of units reviewed for registration is almost 1,800 units.
Staff recommends the City adopts the fees, in order to have funds available to start up the program, rather than rely on the General Fund. The RCS study recommends creating a special revenue fund to account for all Rent Stabilization Program revenues and expenditures. This separation from the General Fund will help the City manage the program and ensure full cost recovery.
Maywood Municipal Code Section 8-21.17 talks about administrative citations, stating “[a]ny Landlord or Tenant who violates any provision of this chapter, or department's procedures and guidelines, is subject to an administrative citation and fine”. The City will need to enforce and cite some landlords who do not register their rental units, as this program is most successful when the City has a high registration rate. One hundred percent compliance would be ideal.
RCS also recommends implementing late fees for late registrations. After year one, landlords have already registered and with a late fee they will have an incentive to renew their registration. The following late fee for the City is based upon best practices from other jurisdictions with a rent stabilization ordinance. In addition, due to the low registration count the City currently has and the estimated units which are based on business licenses, it is evident that an incentive is needed for timely compliance. Administrative citations are timely and costly for both the City and landlord; the late fee can be used as an alternative.
Late Fees starting 30 Days Past
Due Date
Total Fees & Fines
If paid late, 30 days or less past Due
Date
Registry Fee + 10% of remaining balance
due
If paid 31 to 60 days past Due Date Registry Fee + 25% of remaining balance due
If paid after 60 days past Due Date Registry Fee + 50% of remaining balance due
Reccomendation
Based on careful consideration, staff recommends Option A – Two New Staff. The demand to operate the new Rent Stabilization Program and enforcement of the rent stabilization and tenant protection ordinances will be greater than what current staff can provide. Additional City staff are needed to effectively provide services to the 4,900 rental units.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
Depending on which cost option is selected, the fiscal impact could range from $295,736 to $434,592 annually
to operate the Rent Stabilization Program for Maywood.
ATTACHMENT(S)
1. RCS-Maywood RSP Fee Study (2024-05-16)
Rent Stabilization Program
Cost of Services Study
for the City of Maywood
May 16, 2024
Prepared by:
Revenue & Cost Specialists, LLC
1519 E Chapman Ave, Ste C
Fullerton, CA 92831
www.revenuecost.com
Copyright, 2024 by Revenue & Cost Specialists
City of Maywood Rent Stabilization Program Fee Study Page | 2
City of Maywood Rent Stabilization Program Fee Study Page | 3 May 16, 2024
City of Maywood
4319 E Slauson Ave
Maywood, CA 90270
Honorable Mayor, City Council, and City Manager:
On August 23, 2023, the City Council adopted Ordinance 23-07 Rent Stabilization Ordinance, adding a new chapter 21 to Title 8 of the Maywood Municipal Code to establish Rent Stabilization Regulations. The Ordinance requires a rental registry, which is being handled through the City’s website, where landlords register and update their rental units and information, update tenancy information, submit notices for evictions, and pay the annual Rental Registry Fee.
On October 25, 2023, the City Council adopted Ordinance 23-11, amending in its entirety Chapter 17 of Title 8 of the Maywood Municipal Code regarding Tenant Protections. The Ordinance updates and clarifies the termination of tenancy process between landlords and tenants. The Ordinance 23- 11 also includes provisions regarding retaliatory eviction, just cause and no-fault just cause evictions, relocation assistance, protection over temporary untenantable conditions, and antiharassment provisions.
Maywood is developing the Rent Stabilization Program within the Building and Planning Department, to enforce the Rent Stabilization Ordinance and Tenant Protections Ordinance. The Registration Fee established in Ordinance 23-07 is to fund the City’s cost to implement, administer, monitor, support, and enforce the provisions of the rent stabilization regulation and tenant protection ordinances. Regarding the amount of the fee, a landlord shall pay to the City a Registration Fee for each of the landlord’s rental units in the City, and the landlord may pass along half of the cost to each rental unit.
To fulfill its statutory requirement, the City of Maywood issued a Request for Proposals seeking proposals for a Rent Stabilization Program (and Dodgers Dreamfield Rental) Comprehensive Fee Study. Following this competitive procurement process, Revenue & Cost Specialists (“RCS”) were selected and approved by the City and entered into an Agreement with the City to conduct this Fee Study.
RCS is now providing the City of Maywood (“City”) with a comprehensive Fee Study identifying the appropriate fees to recover all costs associated with the Rent Stabilization Program. Since the rent stabilization and tenant protections programs are a new endeavor for the City, reasonable and evidence-based assumptions were made in the areas of staff time allocation and number of task participants. Where possible, we benchmarked with data from other cities that have a rent
City of Maywood Rent Stabilization Program Fee Study Page | 4 stabilization ordinance. Our Fee Study focused on calculating the lowest fee reasonably possible to operate the programs successfully. The Rental Registration Fee is required to offset the cost of each plan as presented below. Alternatively, there is a Registration Exemption Fee to exempt units occupied by the property owner or family member from rent control regulations.
Based on discussions with City staff, RCS developed two staffing plans; Option A which suggests hiring an additional Housing Specialist and Code Enforcement Officer and reallocating 0.45 FTE of existing staff resources, and Option B which reallocate 1.05 FTE of existing staffing to operate the new Rent Stabilization Program. Staffing details and total projected program budgets for each Option are discussed later in this report.
Option A – Two New Staff
Required Fee
Per Unit # of Units
Projected
Budget
Rental Registration Fee $90 4,655 $419,067
Registration Exemption Fee $63 245 $15,525
Total 4,900 $434,592
Option B – Existing Staff
Required Fee
Per Unit # of Units
Projected
Budget
Rental Registration Fee $60 4,655 $280,211
Registration Exemption Fee $63 245 $15,525
Total 4,900 $295,736
Based on careful consideration, RCS recommends Option A – Two New Staff. The demand to operate the new Rent Stabilization Program and enforcement of the rent stabilization and tenant protections ordinances will be greater than what current staff can provide. Additional City staff are needed to effectively provide services to the 4,900 rental units. The Registration Exempt Fee, is based on the time it would take the Housing Specialist to process at the fully burdened hourly rate, approximately one hour, and is calculated to be $63 per unit. The remaining time and budget for each option are spread equally among the number of units to calculate the $90 and $60 rental registration fees.
RCS would like to thank City Manager, Jennifer E. Vasquez, the Director of Building and Planning, Steve Fowler, and the Building and Planning Department, for providing the crucial information needed to complete this Fee Study.
Respectfully submitted,
CHU THAI
Partner
City of Maywood Rent Stabilization Program Fee Study Page | 5 Table of Contents
CHAPTER I – THE NEED FOR USER FEES ________________________________________________________________6 CHAPTER II – IDENTIFYING PROGRAM USERS __________________________________________________________9 CHAPTER III – ALLOCATING TIME AND UNITS ________________________________________________________ 12 CHAPTER IV – CALCULATING COSTS AND FEES_______________________________________________________ 21 CHAPTER IV – COST RECOVERY RECOMMENDATIONS _______________________________________________ 25 APPENDIX A – RENT STABILIZATION ORDINANCE AND TENANT PROTECTION ORDINANCE ___ 27 APPENDIX B – MAYWOOD PARCEL DATA _____________________________________________________________ 67 APPENDIX C – ANNUAL REPORT SERVICE METRICS _________________________________________________ 69 APPENDIX D – SURVEY OF RENT STABILIZATION PROGRAMS ______________________________________ 73 APPENDIX E – RENT STABILIZATION POLICIES OF CALIFORNIA CITIES – 2023___________________ 75
City of Maywood Rent Stabilization Program Fee Study Page | 6 CHAPTER I – THE NEED FOR USER FEES
Impact of Propositions 13, 4, 218 and 26
Proposition 13 was passed by California voters in 1978, forever changing city budgets. Prior to 1978, cities and counties balanced their budgets with a property tax formula. The property tax payments increased dramatically year to this year, this created a hardship for those with fixed incomes.
Proposition 13 capped property tax rates at 1%, with an annual inflation increase of no more than 2%. The passage of Proposition 13 immediately reduced property tax payments from homes, businesses, and farms by 57%.
The following year, Proposition 4 was passed to clarify language related to taxes and appropriations limits after the wake of Proposition 13. Section 8(c) defines user charges and user fees as:
“Proceeds of taxes” shall include, but not be restricted to, all tax revenues and the proceeds to an entity of government, from (1) regulatory licenses, user charges, and user fees to the extent that those proceeds exceed the costs reasonably borne by that entity in providing the regulation, product, or service…”
The Section above clarifies that any proceeds from user charges and user fees that exceed the “costs reasonably borne” are considered taxes. The legal ability for government agencies to charge fees in California in the wake of all the changes brought by Proposition 13 stated in the section above. The importance, and the deeper meaning, is detailed in this section of the author’s intent documents:
City of Maywood Rent Stabilization Program Fee Study Page | 7 “The phrase ‘costs reasonably borne by such entity in providing the regulation, product, or service’ is intended to incorporate all appropriations by an entity for reasonable costs appropriate for the continuation of service over time. This includes ongoing expenses, such as operation costs and a reasonable allocation for overhead and administration, but it also includes responsible allocations for capital replacement, expansion of services, and repayment of related bond issuances would be considered ‘costs reasonably borne’.”
In November 1996, Proposition 218 passed and became Articles XIIIC & D, further restricting municipal utility rates charged on property owners. Propositions 13, 4 and 218 have had, and will continue to have, a profound effect on California governments.
The passage of Proposition 26, passed in 2010, codified many fee setting practices of the previous 30 years. Article XIII C of the State Constitution was amended to formally declare that fees are not considered taxes if they do not exceed the reasonable costs of the service. Government Code Section 66014 further defined that statement for development fees.
Some of the types of services for which reasonable fees are allowable are:
• A charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege. • A charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product. • A charge imposed for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof.
Article XIII C also provides that a local government agency must demonstrate that the amount of revenue to be generated by a fee is no more than necessary to cover the reasonable costs of the governmental activity supported by the fee, and that the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the payor’s burdens on, or benefits received from, the governmental activity. For example, a fee on liquor store owners to fund an alcohol education program would not be allowed.
While Proposition 26 was built on the foundations of Propositions 4 and 218, it provided a sharper definition of the reach and limits of service fees, and the courts have looked to it when reviewing fee challenges.
City of Maywood Rent Stabilization Program Fee Study Page | 8 California Tenant Protection Act of 2019
The California Tenant Protection Act of 2019 went into effect on January 1, 2020 and caps rent increases statewide for qualifying units at either 5% plus the increase in the regional consumer price index (CPI), or 10% of the lowest rent charged at any time during the 12 months prior to the increase—whichever is less.
It is interesting to note that, with inflation (and thus regional CPI) skyrocketing in 2022-2023, the entire state met the 10% of lowest rent threshold rather than the CPI-based threshold, allowing landlords statewide to increase rent up to 10% annually.
Communities wanting further control or customization of their rent stabilization policies may pass by ordinance revised policies and limitations. Local rent increase percentage restrictions may be less than or equal to, but not more than state ceilings. Maywood rent increase limitations of 50% of local CPI or 4%, whichever is less (MMC 8-21.06), is in compliance with state law.
Additionally, and subject to the rent cap, state law limits rent increases to only twice over any 12- month period, whereas the City’s ordinance allows it only once per year.
Legal Approach to User Fees
This Fee Study presents the analytical advantages available to the City through the institution of a comprehensive system designed by RCS to implement Article XIIIB of the California Constitution.
Constitutional Methodology. The methodology used for this analysis is the "costs reasonably borne" test established by Section 8(c) of Proposition 4, now Article XIIIB of the California Constitution. In following that process, RCS has analyzed the ways in which City services can be financed more equitably to assure the City's future financial viability.
Full Business Costs Determined. The methodology followed by both the Authors of Proposition 4, and consequently by RCS, determines the full business cost of providing the reported City services.
It also identifies the beneficiaries of those services and determines if they are paying in relationship to benefits derived or if they are deserving of a subsidy paid from the taxes paid by all local citizens and businesses. This allows the City Council to have full knowledge and visibility into costs that are occurring.
Financial Integrity Established. This text summarizes the work accomplished and presents recommendations. These recommendations, if implemented, would firmly establish the financial integrity of the analyzed City services, and would establish a continuing cost control system following the business principles, which are generally espoused for government, but often are ignored in application.
City of Maywood Rent Stabilization Program Fee Study Page | 9 CHAPTER II – IDENTIFYING PROGRAM USERS
To better understand the service level requirements for the Rent Stabilization Program, we first need to estimate the number of rental units, number of landlords/property owners, and the demand for rent control services under the City’s Rent Stabilization Ordinance and Tenant Protections Ordinance. A higher certainty in the projected numbers will help RCS better estimate the staffing hours and program costs, along with more accurate calculation of the rent control fees. The City will also use these projections to effectively develop and enforce its rent control program.
The City of Maywood is currently registering rental units through its website. The Data gathered from the program showed that by the end of February 2024, a total of 200 landlords (accounts) and 2,096 rental units have been registered. Comparing this to online sources, the City will need to continue educating the community, and enforce registration requirements for many more Maywood property owners.
Point2Homes.com, an online source, identified 4,604 renter occupied units, or 72.71% of a total 6,332 occupied housing units for the City of Maywood. Their demographic data was gathered from the latest U.S. Census Bureau release, the 2021 American Community Survey.
Table 1: Estimated Number of Renter Occupied Units in Maywood – Point2Homes.com Source: https://www.point2homes.com/US/Neighborhood/CA/Maywood-Demographics.html Table 1 displayed up above shows a similar amount of the estimated number of households as the U.S. Census Bureau QuickFacts, which estimated a total of 6,358 households in Maywood. Of that 6,358 number of households 69.8% (4,438 households) are not owner-occupied. The U.S. Census Bureau also estimate an average household size of 3.91 persons per household, which translates to approximately 17,000 of the 24,000 residents in Maywood are renters.
City of Maywood Rent Stabilization Program Fee Study Page | 10 Table 2: U.S. Census Bureau QuickFacts for Maywood and Los Angeles County U.S. Census Bureau
City of
Maywood
Los Angeles
County
Population estimates July 1, 2022 (V2022) 24,122 9,719,765 Population per square mile, 2020 21,448.80 2,466.90
Housing Units, July 1 N/A 3,642,047
Owner-Occupied housing Unit rate, 2018-2022 30.2% 46.2% Median value of owner-occupied housing, 2018-2022 $565,500 $732,200 Median gross rent, 2018-2022 $1,391 $1,805
Households, 2018-2022 6,358 3,363,093
Persons per household, 2018-2022 3.91 2.89
Median household income (in 2022 dollars), 2018-2022 $57,615 $83,411 Per capita income (in 2022 dollars), 2018-2022 $19,236 $41,847 Source: https://www.census.gov/quickfacts/maywoodcitycalifornia? RCS worked alongside HdL Companies, the City’s property tax consultant, and received a complete LA County property tax database for the City. The database categorized every Maywood parcel into the following land use categories:
• Commercial
• Government Owned
• Industrial
• Institutional
• Irrigated
• Miscellaneous
• Recreational
• Residential
• Vacant
The database also provided the situs address, mailing address, owner name, parcel number, original year built, living area square footage, lot size square footage, use code description, and a unit count, for each parcel.
With the complete list of parcels in the City, RCS identified which properties are eligible under Maywood’s rent control program. Since municipalities with rent control programs all have different eligibility requirements, RCS reviewed Maywood’s Ordinance 23-07 and Ordinance 23-11 to determine the program eligibility. While other cities limit rent control to mobile homes, exempt single family residential units from rental registration, separate out properties as fully covered and partially covered by the rent control program, the City of Maywood’s ordinance cast a broader net, requiring all housing units that are potentially rented out to be registered with the City.
Rental units in Maywood are found in mostly residential properties, a few miscoded commercial properties, and none in the other land use categories. It is safe to assume all multi-unit residential properties are rented out and must comply with the City’s rental registry requirement. For two or three-unit properties, the property may reside in one or more units, but must complete a registry exemption form with the City. Single unit properties are assumed to be lived by the property owner unless the mailing address is different than the situs address.
City of Maywood Rent Stabilization Program Fee Study Page | 11 It will be an ongoing task for the City to enforce rental registration and obtain a good citywide count of rental units. However, such information is necessary to the calculation of the rental registration fee, and for the equitable distribution of city costs among the renters and landlords.
Based on comprehensive analysis of the data, RCS estimates that 4,900 rental units are covered under Ordinances 23-07 and 23-11 and receive a proportional benefit under the City’s Program.
Table 3: Maywood Estimated Rental Units Covered by the City’s Rent Stabilization Program Table 3 above presents the number of rental units covered by the City’s Rent Stabilization Program, the total number of housing units within these categories, and the number of parcels to make up the total number of housing units. The complete list of parcels by category is included as Appendix B in this report.
Category Use Code Description
Eligible
Units
Housing
Units
Number of
Parcels
Commercial Hotel, 1-49 Rooms, 2 Stories 20 20 1
Motel, 1-49 Rooms, 1 Story 11 20 3
Store and Residence, 1 Story 18 71 19
Store and Residence, 2 Stories 1 2 2
Commercial Total 50 113 25
Residential 1 Unit 216 1,523 1,519
1 Unit, Condominium - 4 4
1 Unit, Other Improvements 1 2 2
1 Unit, Pool 5 38 38
2 Units, 1-4 Stories 1,104 1,124 564
2 Units, 1-4 Stories, Pool 14 14 7
3 Units, 1-4 Stories 1,073 1,106 371
3 Units, 1-4 Stories, Pool 9 9 3
4 Units, 1-4 Stories 692 692 175
5+ Units, 1-4 Stories 1,713 1,792 217
5+ Units, 1-4 Stories, Pool 20 20 1
Detached Condominium 3 3 3
Residential Total 4,850 6,327 2,904
Grand Total 4,900 6,440 2,929
City of Maywood Rent Stabilization Program Fee Study Page | 12 CHAPTER III – ALLOCATING TIME AND UNITS
Rent Stabilization Program Service Level Assumptions
Since the Maywood Rent Stabilization Program has been in operation for less than one year, RCS does not have actual data for tasks and services performed by the City. RCS gathered rent control program annual reports from the cities of Alameda, Berkely, East Palo Alto, Oakland, Richmond, San Jose, Santa Monica and West Covina, because they include performance metrics worth reviewing.
The metrics gathered will help Maywood anticipate future workload levels for its program. The table below presents unit counts from the cities of East Palo Alto and Oakland annual reports, and Appendix C contains the full comparison of city annual reports that RCS was able to obtain.
Table 4: Estimated Service Metrics based on Other Cities’ Service Levels City of East Palo Alto
Annual Report (FY19)
Maywood
Pro-Rated
TOTAL Units 4,600 Per 100 4,900
Petitions Filed 124 2.70 132
Habitability and Maintenance 7 0.15 7
Rent Ceiling Violation 3 0.07 3
Landlord’s Failure to Register 1 0.02 1
Landlord’s Fair Return Petition 111 2.41 118
Appeal 2 0.04 2
Public Inquiries 2,327 50.59 2,479
Tenant Walk-Ins 89 1.93 95
Landlord Walk-Ins 127 2.76 135
Other Walk-Ins 80 1.74 85
Phone Calls 362 7.87 386
Emails 1,669 36.28 1,778
Notices Received
3 Day Notices 794 17.26 846
Unlawful Detainers 73 1.59 78
Change in Tenancy/Vacancy Registration 403 8.76 429
City of Oakland
Annual Report (FY20)
Maywood
Pro-Rated
TOTAL Units 14,822 Per 100 4,900
Eviction/Vacation Notices 4,696 31.68 1,552
Move-Out Disclosure Certification Forms 221 1.49 73
Move-Out Relocation Agreements 62 0.42 20
Petitions Filed 599 4.04 198
Mediation & Settlement Conferences 47 0.32 16
Petitions (Appeals) Submitted to Board 634 4.28 210
Appealable Decisions 406 2.74 134
Number of Appeals Heard 56 0.38 19
Resolved at End of FY 51 0.34 17
City of Maywood Rent Stabilization Program Fee Study Page | 13 If Maywood’s Rent Stabilization Program performs at similar levels as the cities of East Palo Alto and Oakland, then Maywood would need adequate staffing to manage 132-210 petitions per year, or an average of 11-18 petitions per month. Maywood staff would respond to 2,479 public inquiries per year, or 9.5 inquiries per day. Notices to Vacate/Change in Tenancy would vary between 429 and 1,552, which means Maywood would be tracking 8 to 30 move-in/move-out per week.
Available Work Hours
The available work hours by position are based on current labor contracts. Available work hours were calculated as the total possible work hours in a year (2,080) minus the away-from-work benefit hours from holidays, vacations, personal leave, sick leave, morning/afternoon breaks, and start up/down time.
Table 5: Available Work Hours
Work Schedule 8/40 Days Hours
Beginning Work Hours 260.0 2,080
Less
Holidays (14.0) (112)
Vacation (13.3) (120)
Sick Leave (50%) (6.0) (48)
Subtotal 226.7 1,800
Less:
Start Up/Down (15 Min) (57)
Breaks (30 min) (113)
Available Work Hours 1,630
RCS was tasked with identifying appropriate staffing to carry out the policies of Maywood’s Rent Stabilization Program. We considered two staffing models, (a) a best practice staffing model which adds a new Housing Specialist and a new Code Enforcement Officer to the City, and (b) a minimal staffing model which reallocates current Building and Planning staff to operate the new Rent Stabilization Program.
Table 6: Maywood Staffing Options and Available Work Hours Option A –
Two New Staff
Option B –
Existing Staff
City Staff FTE
Staff
Hours FTE
Staff
Hours
Housing Specialist (Current) - - 0.60 978
Housing Specialist (New) 1.00 1,630 - -
Code Enforcement Officer (Current) 0.25 408 0.25 408
Code Enforcement Officer (New) 1.00 1,630 - -
Director of Building and Planning 0.20 326 0.20 326
Total Program Staffing 2.45 3,994 1.05 1,712
City of Maywood Rent Stabilization Program Fee Study Page | 14 Allocating Maywood Service Delivery
Based on the Rent Stabilization Ordinance and Tenant Protections Ordinance, Maywood’s Rent Stabilization Program can be divided into the following service delivery areas:
1. Rental Registration – Section 8-21.12
2. Petition Process – Section 8-21.08 to 8-21.10
3. Enforcement and Compliance – Section 8-21.13
4. Hearings and Appeals – Section 8-21.16
5. Tenant Protections – Section 8-17
6. Rent Stabilization Program Administration
For each of the service delivery areas above, we further identified relevant program tasks. The program tasks were created based on requirements of the rent stabilization and tenant protections ordinances. This helps us estimate the percentage of available work hours for each City staff.
Reasonable assumptions were made to the times required for each task. It was a collaborative effort, engaging City staff, RCS’ decades of experience in measuring workflow times, and RCS’s experience in assisting to administer the City’s Ordinance and similar programs in other jurisdictions. We referred to the City’s Rent Stabilization Ordinance and Tenant Protections Ordinance and reviewed other cities’ rent stabilization program annual reports to identify trends in annual services provided.
The allocation of time to tasks required several reviews before a reasonable decision was made with the results.
For the Fee Study, 100% of the available work hours for all City employees were accounted for, even if it’s not specific to the Rent Stabilization Program. In other words, one staff member cannot state they overworked on fee services beyond 100% of their hours, and another staff member cannot account for 100% of their time. Their time was distributed to those program tasks where the time would be expended.
City of Maywood Rent Stabilization Program Fee Study Page | 15 Table 7: Allocation of Time for Option A – Two New Staff A new full-time Housing Specialist, providing 1,630 work hours, may be adequate to support the Rent Stabilization Program. Dividing the 652 hours (allocated to Rental Registration) by 2,479 general inquiries, means this position would spend 0.26 hours (15 minutes) on each inquiry.
OPTION A – TWO NEW STAFF
ALLOCATION OF TIME
PROGRAM TASKS
Estimated
Units
Per Year
Housing
Specialist
(% of Time)
Housing
Specialist
(Annual Hours)
1) Rental Registration - Section 8-21.12 4,900 40% 652
Rental Registry (New) - Section 8-21.12.B.1 4,900
Annual Re-Registration - Section 8-21.12.B.2 4,900
Notice of New Tenancy - Section 8-21.06.B.5 1,552
Change of Ownership/Management - Section 8-21.12 3
Verification of Exemption - Section 8-21.12.B.3 245 15% 245 Registration Fee Collection - Section 8-21.12.D.1 4,900 Annual Allowable Rent Calculation - Section 8-21.6.C 1
Forms of Tenant Rights - Section 8-21.12.B.4 & 8-21.14.A 1 General Inquiries (Phone Calls & Walk Ins) 2,479
2) Petition Process – Section 8-21.08 to 8-21.10 132 5% 82 Capital Improvement Pass-Through - Section 8-21.08 1
Landlord Rent Adjustment - Section 8-21.09 1
Tenant Petition Rent Adjustment - Section 8-21.10 36
3) Enforcement and Compliance – Section 8-21.13 245 5% 82 Failures to Maintain Health and Safety Codes - Section 8-21.13.A.2 Failures to Make Repairs - Section 8-21.13.A.3
Citations, Prosecutions & Litigations - Section 8-21.17 Case correspondence and record keeping
4) Hearings and Appeals – Section 8-21.16 132 5% 82
Landlord Petition - City Manager Decision - Section 8-21.12.C.2 Admin Review - Director Decision - Section 8-21.16.A
Appeal - Hearing Officer Decision - Section 8-21.16.B
Judicial Review - Section 8-21.16.F
5) Tenant Protections – Section 8-17 1,552 10% 163
Termination of Tenancy - Section 8-17.040 1,552
Just Cause Evictions - Section 8-17.050
No-Fault Just Cause (demolition, withdraw from market) - Section 8-17.060.A.1 No-Fault Just Cause (family occupancy) - Section 8-17.060.A.2 For-Cause Curable Lease Violations - Section 8-17.070
Relocation Assistance - Section 8-17.080
Tenant Protections During Temporary Relocation - Section 8-17.090.E Tenant Buyout Agreements - Section 8-17.100
Assistance and mediation for Tenant Eviction
6) Rent Stabilization Program Administration 20% 326
Budget, Staffing, Training, Department Coordination
Policy/Program Development, Legal Compliance
Education & Outreach
Agency Liaison & Regional/State representation
TOTAL 100% 1,630
To validate the
reasonableness of
the Fee Study, 100%
of the available work
hours for all RSP
employees were
distributed and
accounted for, even if
it’s not public
serving.
City of Maywood Rent Stabilization Program Fee Study Page | 16 Table 7: Allocation of Time for Option A – Two New Staff (continued) A new Code Enforcement Officer, along with 0.25 of a current Code Enforcement Officer, provides the City with 2,038 hours of work. For the first couple of years, it is anticipated that the Code Enforcement Officers will assist in rental registration enforcement.
OPTION A – TWO NEW STAFF
ALLOCATION OF TIME
PROGRAM TASKS
Estimated
Units
Per Year
Code Enf
Officer
(% of Time)
Code Enf
Officer
(Annual Hours)
1) Rental Registration - Section 8-21.12 4,900 30% 611
Rental Registry (New) - Section 8-21.12.B.1 4,900
Annual Re-Registration - Section 8-21.12.B.2 4,900
Notice of New Tenancy - Section 8-21.06.B.5 1,552
Change of Ownership/Management - Section 8-21.12 3
Verification of Exemption - Section 8-21.12.B.3 245
Registration Fee Collection - Section 8-21.12.D.1 4,900 Annual Allowable Rent Calculation - Section 8-21.6.C 1
Forms of Tenant Rights - Section 8-21.12.B.4 & 8-21.14.A 1 General Inquiries (Phone Calls & Walk Ins) 2,479
2) Petition Process – Section 8-21.08 to 8-21.10 132 5% 102 Capital Improvement Pass-Through - Section 8-21.08 1
Landlord Rent Adjustment - Section 8-21.09 1
Tenant Petition Rent Adjustment - Section 8-21.10 36
3) Enforcement and Compliance – Section 8-21.13 245 10% 204 Failures to Maintain Health and Safety Codes - Section 8-21.13.A.2 Failures to Make Repairs - Section 8-21.13.A.3
Citations, Prosecutions & Litigations - Section 8-21.17 Case correspondence and record keeping
4) Hearings and Appeals – Section 8-21.16 132 10% 204
Landlord Petition - City Manager Decision - Section 8-21.12.C.2 Admin Review - Director Decision - Section 8-21.16.A
Appeal - Hearing Officer Decision - Section 8-21.16.B
Judicial Review - Section 8-21.16.F
5) Tenant Protections – Section 8-17 1,552 25% 509
Termination of Tenancy - Section 8-17.040 1,552
Just Cause Evictions - Section 8-17.050
No-Fault Just Cause (demolition, withdraw from market) - Section 8-17.060.A.1 No-Fault Just Cause (family occupancy) - Section 8-17.060.A.2 For-Cause Curable Lease Violations - Section 8-17.070
Relocation Assistance - Section 8-17.080
Tenant Protections During Temporary Relocation - Section 8-17.090.E Tenant Buyout Agreements - Section 8-17.100
Assistance and mediation for Tenant Eviction
6) Rent Stabilization Program Administration 20% 408
Budget, Staffing, Training, Department Coordination
Policy/Program Development, Legal Compliance
Education & Outreach
Agency Liaison & Regional/State representation
TOTAL 100% 2,038