Maywood City Council
October 23, 2024

AGENDA

REGULAR MEETING OF THE MAYWOOD CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY

REDEVELOPMENT AGENCY
WEDNESDAY, OCTOBER 23, 2024 AT 5:30 PM

Maywood City Council Chambers
4319 E. Slauson Avenue, Maywood, CA 90270
www.cityofmaywood.com
I. CALL TO ORDER/ROLL CALL

CALL TO ORDER

ROLL CALL
II. CITY OFFICIALS
MAYOR
Eddie De La Riva

MAYOR PRO TEM
Mayra Aguiluz

COUNCIL MEMBERS
Jessica Torres
Frank Garcia
Heber Marquez

CITY CLERK
Brian E. Juarez

CITY TREASURER
Mary Mariscal

CITY MANAGER
Jennifer E. Vasquez

CITY ATTORNEY
Roxanne Diaz
III. MEETING PROCEDURES
THIS MEETING WILL BE HELD IN PERSON.

THE MEETING WILL BE AVAILABLE FOR VIEWING VIA ZOOM:
https://us02web.zoom.us/j/85958432354 AND VIA THE CITY'S FACEBOOK PAGE.

Public Participation Options:

1. In-Person: Council Chambers located at 4319 E. Slauson Avenue, Maywood, CA

2. Before the Meeting: Public comment will be accepted for the record in advance

by 4:00 p.m. the day of the meeting by email to
[email protected]; or if you are unable to email, please call the City Clerk's Office at (323) 562-5714. Your comment will be made part of the written record but will NOT be read verbally at the meeting.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Council Meeting, please contact the City Clerk’s Office (323) 562- 5714 within 72 hours of the meeting.

IV. CLOSED SESSION

CONFERENCE WITH REAL PROPERTY NEGOTIATORS, GOVERNMENT CODE SECTION 54956.8; 5102 DISTRICT AVENUE AND 5110 DISTRICT AVENUE (SUCCESSOR AGENCY TO FORMER MAYWOOD COMMUNITY DEVELOPMENT COMMISSION); SUCCESSOR AGENCY NEGOTIATOR: JENNIFER VASQUEZ, CITY MANAGER AND STEVE FOWLER, DIRECTOR OF BUILDING AND PLANNING; NEGOTIATING PARTIES: CESAR CHAVEZ FOUNDATION AND WPH HOLDINGS, LLC; UNDER NEGOTIATION: PRICE AND TERMS OF

PAYMENT
V. MAYOR, COUNCILMEMBERS AND STAFF COMMENTS
VI. PUBLIC PARTICIPATION (Agenda Items; Time allotted: 3 minutes) Speakers wishing to address the City Council on an item on the agenda may use the instructions provided in section III. MEETING PROCEDURES beginning on page 1 of this agenda.

VII. PRESENTATIONS

RECOGNITION OF NATIONAL PRINCIPALS APPRECIATION MONTH
CITY OF MAYWOOD FISCAL YEAR 2022-23 AUDIT REPORT BY VAN LANT & FANKHANEL, LLP
DEPARTMENT OF TOXIC SUBSTANCES CONTROL: CITY UPDATE
LOS ANGELES COUNTY SHERIFF'S DEPARTMENT: CITY UPDATE

RECOGNITION OF BREAST CANCER AWARENESS MONTH
VIII. CONSENT CALENDAR
All matters listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council request specific items to be removed from the Consent Calendar for separate discussion or action.

1. MINUTES OF THE JULY 24, 2024, REGULAR CITY COUNCIL MEETING

2. MINUTES OF THE SEPTEMBER 24, 2024, REGULAR CITY COUNCIL MEETING

3. MINUTES OF THE SEPTEMBER 26, 2024, SPECIAL CITY COUNCIL MEETING

4. MINUTES OF THE OCTOBER 10, 2024, SPECIAL CITY COUNCIL MEETING

5. REVENUE REPORT SEPTEMBER 2024

6. MONTHLY CASH AND INVESTMENT REPORT TO THE CITY COUNCIL SEPTEMBER 2024

7. CONSIDERATION OF ADOPTING RESOLUTION NO. 6388 OF THE CITY

COUNCIL OF THE CITY OF MAYWOOD AND SUCCESSOR AGENCY TO THE

MAYWOOD COMMUNITY REDEVELOPMENT AGENCY APPROVING THE

WARRANTS FOR PAYMENT

8. CONSIDERATION OF APPROVAL OF A POSSESSION AND USE AGREEMENT WITH EL POLLO LOCO, INC., A DELAWARE CORPORATION, AUTHORIZING

CITY TO POSSESS AND USE CERTAIN REAL PROPERTY INTERESTS FOR

PUBLIC PURPOSES IN CONNECTION WITH THE SLAUSON AVENUE AND

ATLANTIC BOULEVARD CONGESTION RELIEF IMPROVEMENTS PROJECT (ASSESSOR PARCEL NUMBERS 6313-010-001, 6313-010-002, 6313-010- 003 & 6313-010-030)

9. CONSIDERATION OF AWARD OF A MAINTENANCE SERVICES FOR

LANDSCAPED AREAS OF PUBLIC FACILITIES AND STREET MEDIANS AGREEMENT WITH REVUELTAS LANDSCAPE INC. IN A TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $409,662.00

10. CONSIDERATION OF AWARD OF A CITYWIDE TREE MAINTENANCE AND

EMERGENCY RESPONSE SERVICES AGREEMENT WITH WEST COAST
ARBORIST, INC. IN A TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $176,145.93

11. ACCEPTANCE OF BUILDING DEMOLITION LOCATED AT 5110 DISTRICT

BOULEVARD PROJECT
IX. DISCUSSION/ACTION ITEMS

12. CONSIDERATION OF APPROVING THE COMMUNITY BENEFIT FUND

APPLICATION FROM SOUTHEAST RIO VISTA YMCA IN THE AMOUNT OF $10,000.00 FOR FINANCIAL SUPPORT OF FOURTEEN LOW INCOME

MAYWOOD TEENS TO PARTICIPATE IN THE YOUTH AND GOVERNMENT

PROGRAM

13. CONSIDERATION OF APPROVING THE COMMUNITY BENEFIT FUND APPLICATION FROM CHESTER W. NIMITZ MIDDLE SCHOOL IN THE AMOUNT OF $10,000.00 TO SUPPORT STUDENT AND STAFF RECOGNITION

INITIATIVES THROUGH INCENTIVES AND FOSTER A POSITIVE SCHOOL

ENVIRONMENT

14. CONSIDERATION OF RESOLUTION NO. 6389 TO AMEND THE CITY'S

CLASSIFICATION PLAN TO ESTABLISH TWO LEVELS WITHIN THE
PROFESSIONAL PLANNING SERIES: ASSISTANT PLANNER (ENTRY-LEVEL)

AND ASSOCIATE PLANNER (JOURNEY-LEVEL), ADOPT THE CORRESPONDING SALARY RANGE FOR THE JOURNEY-LEVEL POSITION FROM $76,212.00 TO $97,268.00
X. PUBLIC PARTICIPATION (Non-Agenda Items; Time allotted: 3 minutes) Speakers wishing to address the City Council on a non- agenda item you may use the instructions provided in section III. MEETING PROCEDURES beginning on page 1 of this agenda.

XI. ADJOURNMENT - The next Regular Meeting of the Maywood City Council is scheduled for Tuesday, November 19, 2024, at 5:30 p.m. in the City Council Chambers.

PUBLIC ACCESS TO MEETING AGENDA AND AGENDA PACKETS
I, _______________________________, City Clerk or Deputy City Clerk, hereby certify that this agenda was duly posted by law at 4319 E.

Slauson Avenue, Maywood, CA 90270 and the City Website. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the Maywood City Hall, 4319 E. Slauson Avenue, Maywood CA 90270.

If you challenge in court any discussion or action taken concerning an item on this Agenda, you may be limited to rising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting. In compliance with the ADA, if you need special assistance for the meeting, call (323) 562-5723 within 72 hours prior to the meeting so the City can make reasonable arrangements to ensure accessibility.

City of Maywood

FINANCIAL STATEMENT AUDIT
FISCAL YEAR ENDED JUNE 30, 2023

PRESENTED BY:

BRETT VAN LANT

PARTNER

Audit Process
Preliminary Interim Audit Fieldwork
◦ Assess the risk the financial statements could be materially misstated due to fraud or error
◦ Gain an understanding of design and implementation of internal controls over financial reporting including:
◦ Cash receipts process, cash disbursements process, purchasing process, payroll process, various other significant audit areas
◦ Review specific transactions, observe processes, inquire with City staff throughout the City

Audit Process – Continued
Year-End Audit Fieldwork
◦ Audit balances and amounts in the City’s financial
statements
◦ Procedures involve auditor’s judgment based on risk
assessment
◦ Substantive testing of the balances and amounts to
provide reasonable assurance
◦ Confirmation, testing of transactions, inquiry of City Staff, analytical procedures

Reports and Letters Issued
•Audit Report - Opinion on Financial Statements
•Report on Internal Control and Compliance
•Report on the City’s Appropriations Limit
•Statement on Auditing Standards (SAS) 114
Communication Letter

Audit Report on the Financial
Statements
Management’s Financial Statements
Auditor’s Responsibilities
◦ Express opinion
◦ Reasonable assurance
◦ Conduct audit in accordance with applicable standards; obtain evidence
◦ Procedures involve auditor judgment
◦ Risk assessment

Audit Report on the Financial
Statements - Continued
Unmodified (clean) Opinion
Required Supplementary Information
◦ MD&A – not presented, Budgetary schedule, Pension and OPEB schedules ◦ Limited audit procedures – no opinion expressed
Other Supplementary Information
There were no restrictions imposed by management in
performing our audit procedures

Financial Statement Key Figures
Governmental Accounting Standards Board (GASB) Statement No. 68 (Pensions)
◦ City has a Net Pension Liability of $4,857,971, a decrease of $10M Fund Balance for General Fund increased approximately $1.2M compared to the prior year
Unrestricted Fund Balance in General Fund is approximately 120% of FY 2022-23 expenditures (14+ months reserves)
◦ GFOA best practices recommends a minimum of 2 months operating reserves

Financial Statement Key Figures
Governmental Accounting Standards Board (GASB) Statement No. 75 Accounting and Financial Reporting for Postemployment Benefits Other Than Pensions (OPEB)
◦ Statement implemented in FY 2017-18.
◦ OPEB Liability is $1.6M as of 6/30/2023
Actuarially Determined Liability
◦ Estimate of future costs for retiree healthcare benefits

Report on Internal Control
and Compliance
Internal control over financial reporting
Consider internal control to determine what audit procedures to perform
Not to express an opinion
Compliance testing – no opinion
◦ Test for noncompliance that could be have a material impact on the financial statements

Report on Internal Control and
Compliance
1 Significant Deficiency Identified:
◦ 2023-002: Issuance of Building Permits
◦ Management’s Response: “The City concurs with the audit finding and recommendation. The City is aware of this and is currently in the process of implementing a software that will address these concerns. This software will allow staff to reconcile the permits.” 1 Material Weakness Identified:
• 2023-001: Timeliness and Accuracy of Accounting Records

SAS 114 Report
•Required communication from auditors directly to “those charged with governance” – City Council
•Estimates
•Sensitive Disclosures
•Difficulties or Disagreements
•Other Audit Findings or Issues

Thank you to City Staff for their
cooperation and assistance in
completing the audit.

Questions?

Department of
Toxic Substances
Control
Exide Project Parkways Status
Dr. Mehdi Bettahar
Assistant Deputy Director
Steven Hariri, M.S., J.D., P.E.

Branch Chief
1

Preliminary Investigation Area (PIA)
2 North
Parkways
South
Parkways
Maywood
City of Los Angeles Unincorporated
Los Angeles
County
Commerce
Commerce
Commerce
Bell
Vernon
Huntington Park

DTSC Residential Cleanup Project To Date
To date 5,467 properties have been cleaned up. On track to complete 5,940 properties by June 2025.

A total of 1,339 out of 1,491 properties cleaned up in the City of Maywood since 2018.

To date approximately $573 million expended and encumbered for the residential cleanup.

DTSC would like to thank Mr. Steven Fowler and Ms. Karen Iniguez for their ongoing continued support, cooperation, and help with the residential and parkways cleanups.
3

Parkways
• Total of 8,124 parkways sampled
• Lead is the primary contaminant of concern in 6,425
Parkways (23,470 samples with 10% duplicates)
• Also sampled for other metals associated with leadacid battery recycling:
• Antimony
• Arsenic
• Cadmium
• Copper
• Zinc
4

Parkways Metrics
8,124 • Parkways Sampled
6,425 • Parkways to Cleanup
1,225 • Total Sub-blocks to Cleanup
796 • North Parkway Sub-Blocks to Cleanup
429 • South Parkway Sub-Blocks to Cleanup
5

Sub-Block (Typical)
6

Conceptual Cleanup Sequence
7

Cleanup Approach
Sub-block approach for cleanup.

Start work notice for communities. Minimum 72 hours prior notice to affected residents.

Coordinating with Jurisdictions for city improvement projects.

Minimal impact to parking by working during street sweeping days etc., Jurisdiction schedules, and carpooling for field crews. 8

9 • As of May 2024
Parkways Budget Overview – SB 101 (July 2023)
$16.10 Authorized
Budget
$ 67.3 M
Expended and
Encumbered
$51.3 M
Logistical
Support
Governor Authorized Budget of $16 M
$67.3 Million
$51.3 Million Expended and Encumbered
Logistical Support
$16 Million

Contracts and Contractors
South Parkways Contract Executed April
2024 with Parsons – Planned Start of
Work in September
North Parkways Contract Executed July
2024 with GSI Environmental - Starting
Work in Fall 2024
10

Progress of Maywood Parkways
11 Virtual
Meeting
5/11/24
In Person
Meeting
7/17/24
Planned
Start Date
9/3/24
Discussions
via Email
with the City
about permit
request
8/24
Project on
hold pending
the City
Council
Presentation
9/24

Preliminary Schedule
12 Anticipated 28 weeks or 7 months.

Ready pending permit approval.

Parkways Traffic Plan
Final Environmental Impact Report (EIR) July 2017
Mitigation Monitoring and Reporting Program (MMRP)
Project Design Features (PDFs) Transportation (TRANS)
PDF TRANS-1, PDF TRANS-2, PDF TRANS-3
13

Parkways Traffic Plan
(Continued)
City of Maywood Municipal Code
Caltrans Manual on Uniform Traffic
Control Devices (CA MUTCD 2014)
Work Area Traffic Control Handbook
(WATCH 2024)
14

Public Outreach
Door Hangers
Work Notice
Interactive Cleanup Map
15

Parkways Replacement Materials
Contaminated parkways are excavated.

Clean certified clean fill is compacted
to finished grade.

Restoration material will be in kind
replacement with sod for grass and/or
hydroseed for bare earth.
16

Questions?

MEETING MINUTES

REGULAR MEETING OF THE MAYWOOD CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY

REDEVELOPMENT AGENCY
WEDNESDAY, JULY 24, 2024 AT 5:30 PM
Maywood City Council Chambers
4319 E. Slauson Avenue, Maywood, CA 90270
www.cityofmaywood.com
I. CALL TO ORDER/ROLL CALL
Mayor De La Riva called the meeting to order at 5:30 p.m.

II. CITY OFFICIALS
MAYOR
Eddie De La Riva (present)

MAYOR PRO TEM
Mayra Aguiluz (present)

COUNCIL MEMBERS
Jessica Torres (excused absence)
Frank Garcia (present)
Heber Marquez (present)

CITY CLERK
Brian E. Juarez (absent)

CITY TREASURER
Mary Mariscal (absent)

CITY MANAGER
Jennifer E. Vasquez (present)

CITY ATTORNEY
Roxanne Diaz (present)
III. MEETING PROCEDURES
THIS MEETING WAS HELD IN PERSON.

THE MEETING WAS MADE AVAILABLE FOR VIEWING VIA ZOOM:
https://us02web.zoom.us/j/86712670745 AND VIA THE CITY'S FACEBOOK PAGE.

IV. CLOSED SESSION – City Attorney Roxanne Diaz read the items in closed session and Mayor De La Riva called approved member to break into Closed Session. When staff and the City Council returned from closed session, City Attorney Diaz provided no reportable actions.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR; GOVERNMENT CODE SECTION 54956.8.; PROPERTY: 5901 ATLANTIC BOULEVARD, MAYWOOD (APN 6313-013-030); AGENCY NEGOTIATOR: JENNIFER VASQUEZ, CITY MANAGER, STEVE FOWLER,

DIRECTOR OF BUILDING AND PLANNING, AND TYLER KELLEHER, ASSISTANT PROJECT MANAGER, EPIC LAND SOLUTIONS, INC.; NEGOTIATING PARTY: J&MGC, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY.; UNDER NEGOTIATION: PRICE AND

TERMS OF PAYMENT
CONFERENCE WITH REAL PROPERTY NEGOTIATOR; GOVERNMENT CODE SECTION 54956.8.; PROPERTY: 4501 SLAUSON AVENUE, MAYWOOD (APN 6313-010-001 AND 6313-010-002).; AGENCY NEGOTIATOR: JENNIFER VASQUEZ, CITY MANAGER, STEVE

FOWLER, DIRECTOR OF BUILDING AND PLANNING, AND TYLER KELLEHER, ASSISTANT PROJECT MANAGER, EPIC LAND SOLUTIONS, INC.; NEGOTIATING PARTY:

EL POLLO LOCO INC., A DELAWARE CORPORATION.; UNDER NEGOTIATION: PRICE

AND TERMS OF PAYMENT
CONFERENCE WITH REAL PROPERTY NEGOTIATOR; GOVERNMENT CODE SECTION 54956.8.; PROPERTY: 4457 AND 4487 SLAUSON AVENUE, MAYWOOD (APNS 6313-015- 033 AND 6313-015-030).; AGENCY NEGOTIATOR: JENNIFER VASQUEZ, CITY

MANAGER, STEVE FOWLER, DIRECTOR OF BUILDING AND PLANNING, AND TYLER KELLEHER, ASSISTANT PROJECT MANAGER, EPIC LAND SOLUTIONS, INC.; NEGOTIATING PARTY: MAYWOOD VILLAGE CENTER LLC, A DELAWARE LIMITED LIABILITY COMPANY.; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT CONFERENCE WITH REAL PROPERTY NEGOTIATOR; GOVERNMENT CODE SECTION 54956.8.; PROPERTY: 5900 AND 5906 ATLANTIC BOULEVARD, MAYWOOD (APNS 6313- 011-036 AND 6313-011-028).; AGENCY NEGOTIATOR: JENNIFER VASQUEZ, CITY

MANAGER, STEVE FOWLER, DIRECTOR OF BUILDING AND PLANNING, AND TYLER KELLEHER, ASSISTANT PROJECT MANAGER, EPIC LAND SOLUTIONS, INC.; NEGOTIATING PARTY: TONY Y. KIM, JOUNG-SUN KIM, YONG-TAI KIM AND SOON-AI KIM.; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT
V. MAYOR, COUNCILMEMBERS AND STAFF COMMENTS
City Council provided their comments.

VI. PUBLIC PARTICIPATION (Agenda Items; Time allotted: 3 minutes) The following provided public comment:

1. David Perez

2. Mrs. Wilson

VII. PRESENTATIONS
DECLARING JULY AS "PARKS MAKE LIFE BETTER MONTH" IN THE CITY OF MAYWOOD Mayor De La Riva presented a proclamation and declared July as Parks Make Life Better month. City Council also provided their comments.

LOS ANGELES COUNTY SHERIFF'S DEPARTMENT: CITY UPDATE
Sgt. Jimenez provided a crime statistic report for the month of June.

VIII. PUBLIC HEARING

1. A PUBLIC HEARING TO CONSIDER AND APPROVE RESOLUTION NO. 6369 OF

THE CITY COUNCIL OF THE CITY OF MAYWOOD ADOPTING THE FISCAL YEAR 2024-2025 CAPITAL IMPROVEMENTS PROGRAM TOTAL $23,045,534 Mayor De La Riva requested for staff to provide a report. City Manager Jennifer Vasquez introduced Finance Director Rimo Hanson to provide the City Council a report.

The City Council provided their questions and comments. Mayor De La Riva opened the public hearing for public comment. The following provided public comment: David Perez and Mrs. Wilson.

Council Member Garcia motioned to approve Resolution No. 6369 with a second by Mayor Pro Tem Aguiluz. AYES: De La Riva, Aguiluz, Garcia, Marquez. Motion passed 4-0.

IX. CONSENT CALENDAR
Council Member Garcia motioned to approved consent items 2-11 with a second from Mayor Pro Tem Aguiluz. AYES: De La Riva, Aguiluz, Garcia, Marquez. Motion passed 4-0.
11 2. MINUTES OF THE MAY 22, SPECIAL CITY COUNCIL MEETING

3. MINUTES OF THE JUNE 26, 2024, REGULAR CITY COUNCIL MEETING

4. REVENUE REPORT JUNE 2024

5. MONTHLY CASH AND INVESTMENT REPORT TO THE CITY COUNCIL JUNE 2024

6. CONSIDERATION OF ADOPTING RESOLUTION NO. 6370 OF THE CITY COUNCIL OF

THE CITY OF MAYWOOD AND SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY

REDEVELOPMENT AGENCY APPROVING THE WARRANTS FOR PAYMENT

7. CONSIDERATION OF ADOPTING RESOLUTION NO. 6371 APPROVING AN UPDATED COMPREHENSIVE SALARY SCHEDULE FOR FISCAL YEAR 2024-25 IN ACCORDANCE

WITH TITLE 2 OF THE CALIFORNIA CODE OF REGULATIONS SECTION 570.5 AND THE CALIFORNIA EMPLOYEES RETIREMENT SYSTEM ("CALPERS")

8. CONSIDERATION OF ADOPTING RESOLUTION NO. 6372 AMENDING THE

COMMUNITY BENEFIT FUND GUIDELINES AND PROCEDURES

9. CONSIDERATION OF APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH

ENVIRONMENTAL SCIENCE ASSOCIATES (PLANNING) AND INSTITUTE FOR LOCAL GOVERNMENT (COMMUNITY OUTREACH) FOR PHASE 2 OF THE CLIMATE ACTION,

ADAPTATION, AND RESILIENCE PLAN

10. AUTHORIZE CITY STAFF TO ADVERTISE A REQUEST FOR PROPOSALS (RFP) FOR THE

CITYWIDE TREE MAINTENANCE AND EMERGENCY RESPONSE SERVICES CONTRACT

11. ACCEPTANCE OF SIDEWALK REHABILITATION PROJECT FY 2023-2024 (CDBG) X. DISCUSSION/ACTION ITEMS

12. DISCUSS AND PROVIDE DIRECTION REGARDING PARK USAGE FEES AND

ADOPTING RULES AND REGULATIONS FOR FIELD RESERVATIONS AT DODGERS

DREAMFIELD AT MAYWOOD PARK
City Manager Jennifer Vasquez provided a report. City Council provided their questions, comments, and suggestions. Staff will make all necessary changes. Staff will finalize and bring back to the Council for a public hearing.

13. DISCUSS AND PROVIDE DIRECTION REGARDING THE FULL COST ANALYSIS OF THE

RENTAL REGISTRATION FEES AND PENALTIES
City Manager Jennifer Vasquez provided a report. City Council provided their questions, comments, and suggestions. Staff will make all necessary changes. Staff will finalize and bring back to the Council for a public hearing.

XI. PUBLIC PARTICIPATION (Non-Agenda Items; Time allotted: 3 minutes) The following provided public comment:

1. Stephano Padilla

2. Olga Rodriguez

3. David Perez

4. Mrs. Wilson
XII. ADJOURNMENT – Mayor De La Riva adjourned the Council Meeting at approximately 7:02 p.m. and announced the next Regular Meeting of the Maywood City Council is scheduled for Wednesday, August 28, 2024, at 5:30 p.m. in the City Council Chambers.

MEETING MINUTES

REGULAR MEETING OF THE MAYWOOD CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY

REDEVELOPMENT AGENCY
TUESDAY, SEPTEMBER 24, 2024 AT 6:00 PM
Maywood City Council Chambers
4319 E. Slauson Avenue, Maywood, CA 90270
www.cityofmaywood.com
I. CALL TO ORDER/ROLL CALL
Mayor De La Riva called the meeting to order at 6:00 p.m.

II. CITY OFFICIALS
MAYOR
Eddie De La Riva (present)

MAYOR PRO TEM
Mayra Aguiluz (present)

COUNCIL MEMBERS
Jessica Torres (excused absence)
Frank Garcia (present)
Heber Marquez (present)

CITY CLERK
Brian E. Juarez (absent)

CITY TREASURER
Mary Mariscal (absent)

CITY MANAGER
Jennifer E. Vasquez (present)

CITY ATTORNEY
Roxanne Diaz (absent)
Lindsay Thorson (present)
Regina Danner (present)
III. MEETING PROCEDURES
THIS MEETING WAS HELD IN PERSON.

THE MEETING WAS AVAILABLE FOR VIEWING VIA ZOOM:
https://us02web.zoom.us/j/87513385774 AND VIA THE CITY'S FACEBOOK PAGE.

IV. MAYOR, COUNCILMEMBERS AND STAFF COMMENTS
City Council provided their comments.

V. PUBLIC PARTICIPATION (Agenda Items; Time allotted: 3 minutes) The following participants provided public comment:

1. Ali Saleh

2. Monica Arroyo
VI. PRESENTATIONS

PRESENTATION OF AWARDS FOR THE CITY OF MAYWOOD FINALISTS OF THE UTILITY

BOX ART PROGRAM
Mayor De La Riva presented awards and recognized all the winners and finalist of the City’s Utility Box Art Program.

RECOGNITION AND CONGRATULATORY FAREWELL TO THE MAYWOOD CESAR CHAVEZ LIBRARY ASSISTANT ROSA PEÑA
Mayor De La Riva presented a certificate of recognition to Ms. Rosa Peña for her years of service to our community via the County Library.

LOS ANGELES SHERIFF'S DEPARTMENT: CITY UPDATE
Sgt. Jimenez provided a report on the City’s crime statistics and updates on other City efforts.

CITY OF MAYWOOD DECLARES SEPTEMBER 2024 AS SUICIDE PREVENTION

AWARENESS MONTH
Mayor De La Riva declared the month of September as Suicide Prevention Awareness month.

CITY OF MAYWOOD DECLARES SEPTEMBER 15, 2024, THROUGH OCTOBER 15, 2024,

AS NATIONAL HISPANIC HERITAGE MONTH
Mayor De La Riva declared September 15, 2024, through October 15, 2024, as National Hispanic Heritage Month
VII. PUBLIC HEARING

1. RECOMMENDED ADOPTION OF RESOLUTIONS OF NECESSITY FOR THE

ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY INTERESTS

FOR PUBLIC PURPOSES IN CONNECTION WITH THE SLAUSON AVENUE AND

ATLANTIC BOULEVARD CONGESTION RELIEF IMPROVEMENTS PROJECT (ASSESSOR PARCEL NUMBERS 6313-010-001 6313-010-002, 6313-010- 003, & 6313-010-030; 6313-015-030, 6313-015-031, 6313-015-032 & 6313-015-033; 6313-011-036 & 6313-011-028) (EL POLLO LOCO,

MAYWOOD VILLAGE CENTER, KIM)
City Attorney Regina Danner provided a report on the public hearing item.

Council Member Marquez provided comments on the item. City Attorney Regina Danner provided a response.

Mayor De La Riva opened the public hearing for public comments and the following participants provided a public comments: Jaime Flores.

Mayor De La Riva motioned to adopt Resolution No. 6377 and a second by Council Member Garcia. AYES: De La Riva, Aguiluz, Garcia, Marquez. Motion passed 4-0.

Motion to adopt Resolution No. 6378 by Council Member Marquez and a second by Mayor Pro Tem Aguiluz. AYES: De La Riva, Aguiluz, Garcia, Marquez. Motion passed 4-0.

The additional documents will be signed by City Manager Jennifer Vasquez.

VIII. CONSENT CALENDAR
Council Member Marquez requested to pull item #8. Council Member Garcia motioned to approve items 2-13, with the exception of item #8 and a second by Mayor Pro Tem Aguiluz. AYES: De La Riva, Aguiluz, Garcia, Marquez. Motion passed 4-0.

2. MINUTES OF THE AUGUST 8, 2024, SPECIAL CITY COUNCIL MEETING

3. MINUTES OF THE AUGUST 28, 2024, REGULAR CITY COUNCIL MEETING

4. REVENUE REPORT AUGUST 2024

5. MONTHLY CASH AND INVESTMENT REPORT TO THE CITY COUNCIL AUGUST 2024

6. CONSIDERATION OF ADOPTING RESOLUTION NO. 6384 OF THE CITY

COUNCIL OF THE CITY OF MAYWOOD AND SUCCESSOR AGENCY TO THE

MAYWOOD COMMUNITY REDEVELOPMENT AGENCY APPROVING THE

WARRANTS FOR PAYMENT

7. CONSIDERATION OF ADOPTING RESOLUTION NO. 6385 OF THE CITY OF

MAYWOOD AND AMENDING THE CITY'S CONFLICT OF INTEREST CODE RESOLUTION NO. 6153

8. CONSIDERATION OF APPROVAL OF AN ACCESS AND LICENSE AGREEMENT

WITH THE CITY OF BELL FOR THE RANDOLPH STREET BEAUTIFICATION

PROJECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT Council Member Marquez requested City Manager Jennifer Vasquez to provide a report on this item. City Manager provided a report. Council Member Marquez provided comments. Motion to approve this item by Council Member Marquez and a second by Council Member Garcia. AYES: De La Riva, Aguiluz, Garcia, Marquez. Motion passed 4-0.

9. CONSIDERATION TO ADOPT RULES AND REGULATIONS FOR FIELD

RESERVATIONS AT DODGER DREAMFIELD AT MAYWOOD PARK

10. CONSIDERATION OF APPROVING THE PURCHASE OF TWO ELECTRIC

VEHICLES FROM PENSKE CHEVROLET OF CERRITOS IN THE TOTAL AMOUNT NOT TO EXCEED $100,283,40 UTILIZING FUNDS THAT ARE UNDER ALLOCATED AB 2766 AND MAKE THE FINDINGS PURSUANT TO SECTION 3-

4.13(E)

11. CONSIDERATION OF APPROVAL FOR ISSUANCE OF A SPECIAL EVENT PERMIT TO ST. ROSE OF LIMA SCHOOL LOCATED AT 4422 E. 60TH STREET FOR AN

ANNUAL FUNDRAISER AND DIRECTION REGARDING CONDITIONS OF

APPROVAL AS RECOMMENDED IN THE STAFF REPORT

12. RECOMMENDED APPROVAL OF PURCHASE AND SALE AGREEMENT FOR THE

PURCHASE OF CERTAIN REAL PROPERTY INTERESTS FOR PUBLIC PURPOSES

IN CONNECTION WITH THE SLAUSON AVENUE AND ATLANTIC BOULEVARD

CONGESTION RELIEF IMPROVEMENTS PROJECT (J&MGC PARCEL, ASSESSOR PARCEL NUMBER 6313-013-030)

13. RECOMMENDED APPROVAL OF POSSESSION AND USE AGREEMENT

AUTHORIZING CITY TO POSSESS AND USE CERTAIN REAL PROPERTY

INTERESTS FOR PUBLIC PURPOSES IN CONNECTION WITH THE SLAUSON

AVENUE AND ATLANTIC BOULEVARD CONGESTION RELIEF IMPROVEMENTS PROJECT (KIM PARCEL, ASSESSOR PARCEL NUMBERS 6313-011-036 & 6313-011-028)
IX. DISCUSSION/ACTION ITEMS

14. CONSIDERATION OF APPROVING THE COMMUNITY BENEFIT FUND

APPLICATION FROM MAYWOOD ACADEMY HIGH SCHOOL MARCHING BAND IN THE AMOUNT OF $7,000.00
Mayor De LA Riva motioned to approve this item and a second by Council Member Garcia. AYES: De La Riva, Aguiluz, Garcia, Marquez. Motion passed 4-0.

15. CONSIDERATION OF APPROVING THE COMMUNITY BENEFIT FUND

APPLICATION FROM SOUTHEAST RIO VISTA YMCA IN THE AMOUNT OF $10,000
Item was continued until the October 23, 2024, City Council Meeting.

16. CONSIDERATION OF APPROVAL FOR ISSUANCE OF A SPECIAL EVENT PERMIT TO BELL CHAMBER OF COMMERCE LOCATED AT 4801 E. 58TH STREET FOR

A FUNDRAISER AND DIRECTION REGARDING CONDITIONS OF APPROVAL AS

RECOMMENDED IN THE STAFF REPORT
Council Member Garcia provided a question. Mayor De LA Riva motioned to approve this item and a second by Council Member Marquez. AYES: De La Riva, Aguiluz, Garcia, Marquez. Motion passed 4-0.

X. PUBLIC PARTICIPATION (Non-Agenda Items; Time allotted: 3 minutes) The following participants provided public comment:

1. Tracy (USC Student)

2. Ana (USC Student)
XI. ADJOURNMENT – Mayor De La Riva adjourned the meeting at approximately 6:54 p.m. and announce the next Regular Meeting of the Maywood City Council is scheduled for Wednesday, October 23, 2024, at 5:30 p.m. in the City Council Chambers.

MEETING MINUTES

SPECIAL MEETING OF THE MAYWOOD CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY

REDEVELOPMENT AGENCY
THURSDAY, SEPTEMBER 26, 2024 AT 12:30 PM
Maywood City Council Chambers
4319 E. Slauson Avenue, Maywood, CA 90270
www.cityofmaywood.com
I. CALL TO ORDER/ROLL CALL
Mayor De La Riva called the meeting to order at 12:30 p.m.

II. CITY OFFICIALS
MAYOR
Eddie De La Riva (present)

MAYOR PRO TEM
Mayra Aguiluz (present)

COUNCIL MEMBERS
Jessica Torres (excused absence)
Frank Garcia (present)
Heber Marquez (present)

CITY CLERK
Brian E. Juarez (excused absence)

CITY TREASURER
Mary Mariscal (excused absence)

CITY MANAGER
Jennifer E. Vasquez (absent)

CITY ATTORNEY
Roxanne Diaz (absent)
IV. MAYOR, COUNCILMEMBERS AND STAFF COMMENTS
No Council comments.

V. PUBLIC PARTICIPATION (Agenda Items; Time allotted: 3 minutes) No public comment.

VI. CONSENT CALENDAR
Mayor De La Riva made a motion to approve consent item #1 and there was a second by Council Member Marquez. AYES: DE LA RIVA, AGUILUZ, GARCIA, MARQUEZ. Motion passed 4-0.

1. CONSIDERATION OF ADOPTING RESOLUTION NO. 6386 OF THE CITY OF

MAYWOOD CITY COUNCIL TO APPROVE A WAIVER OF A FILM PERMIT

APPLICATION FEE FOR A STUDENT FILM PRODUCTION LOCATED AT THE MAYWOOD BOXING CLUB AT 4747 EAST 56TH STREET IN THE AMOUNT OF $450.00 FOR UNIVERSITY OF SOUTHERN CALIFORNIA FILM STUDENTS (USC

SCHOOL OF CINEMATIC ARTS)
VII. ADJOURNMENT – Mayor De La Riva adjourned the meeting at 12:32 p.m.. The next Regular Meeting of the Maywood City Council is Wednesday, October 23, at 5:30 p.m. in the City Council Chambers.

MEETING MINUTES

SPECIAL MEETING OF THE MAYWOOD CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY

REDEVELOPMENT AGENCY
THURSDAY, OCTOBER 10, 2024 AT 4:30 PM
Maywood City Council Chambers
4319 E. Slauson Avenue, Maywood, CA 90270
www.cityofmaywood.com
I. CALL TO ORDER/ROLL CALL
Mayor De La Riva called this meeting to order at 4:30 p.m.

II. CITY OFFICIALS
MAYOR
Eddie De La Riva (present)

MAYOR PRO TEM
Mayra Aguiluz (excused absence)

COUNCIL MEMBERS
Jessica Torres (present)
Frank Garcia (present)
Heber Marquez (present)

CITY CLERK
Brian E. Juarez (absent)

CITY TREASURER
Mary Mariscal (absent)

CITY MANAGER
Jennifer E. Vasquez (present)

CITY ATTORNEY
Roxanne Diaz (remotely)
III. MEETING PROCEDURES
THIS MEETING WAS HELD IN PERSON.

THE MEETING WAS MADE AVAILABLE FOR VIEWING VIA ZOOM:
https://us02web.zoom.us/j/85398326595 AND VIA THE CITY'S FACEBOOK PAGE.

IV. MAYOR, COUNCILMEMBERS AND STAFF COMMENTS
No comments from City Council or staff.

V. PUBLIC PARTICIPATION (Agenda Items; Time allotted: 3 minutes) No public comment.

VI. PUBLIC HEARING

1. CONSIDERATION OF ADOPTING RESOLUTION NO. 6387 OF THE CITY OF

MAYWOOD CITY COUNCIL AUTHORIZING THE FILING OF AN APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR

PATHWAYS TO REMOVING OBSTACLES TO HOUSING (PRO HOUSING) GRANT

FUNDING
Mayor De La Riva requested City Manager Jennifer Vasquez to provide a report. City Manager Vasquez provided a brief report on this item.

Mayor De La Riva opened the public hearing for public comment.

Mr. David Perez provided a public comment on this item. City Council provided their comments. Mayor De La Riva motioned to approve the public hearing item and adopt Resolution No. 6387 and there was a second by Council Member Marquez. AYES: De La Riva, Garcia, Marquez, Torres. Motion passed 4-0.

VII. CONSENT CALENDAR

2. CONSIDERATION OF AWARD OF CONSTRUCTION CONTRACT TO QUALITY FENCE CO., INC. FOR PUBLIC WORKS YARD FENCE IMPROVEMENTS PROJECT IN AN AMOUNT NOT TO EXCEED $116,905.00
Council Member Marquez made a motion to approve consent item #1 and a second by Council Member Garcia. AYES: De La Riva, Garcia, Marquez, Torres. Motion passed 4-0.

VIII.

IX.

PUBLIC PARTICIPATION (Non-Agenda Items; Time allotted: 3 minutes) Public comments on non-agenda items provided by:

1. David Perez

2. Marcelino Correa
ADJOURNMENT – Mayor De La Riva adjourned the meeting at approximately 4:54 p.m. and the next Regular Meeting of the Maywood City Council is scheduled for Wednesday, October 23, 2024, in the City Council Chambers at 5:30 p.m.

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 5.

DATE: October 23, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: RIMO HANSON, FINANCE DIRECTOR

RAUL HERRERA, SENIOR ACCOUNTANT
SUBJECT: REVENUE REPORT SEPTEMBER 2024
RECOMMENDATION:

Staff recommends that the City Council receive and file the Revenue Report for the months of July - September 2024.

BACKGROUND:

In an effort to maintain transparency, the City’s Finance Department prepares a monthly Revenue Report for the City Council’s review.

DISCUSSION:

General Fund revenues are not received evenly throughout the fiscal year. During the first half of the fiscal year, there is always an issue of timing difference whereby cash receipts do not align with the projected budget forecast, but during the second half of the year the cash receipts begin to align with the projected budget. See attachment 1 and 2 for revenue details comparison between July – September 2023 and July – September 2024 and explanations in the "Comments" column.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

There is no fiscal impact with this action.

ATTACHMENT(S)

1. July 2024 - September 2024 City of Maywood FY 2024-2025 General Fund

2. July 2024 - September 2024 City of Maywood FY 2024-2025 Special Revenue Fund

Acct # Account Description
Adopted
Budget FY
2024-25
July -
September
2023
July -
September
2024 Variance
% YTD
Revenue
Received to
Adopted
Budget Comments
A B C =(C-B) (C divided by A)
Taxes:
4203/4302 Franchise & Collectors Fee $ 570,000 $ - $ - $ - 0.00% Received Quarterly.

Various Property Taxes 814,022 7,602 34,467 26,865 4.23% Major payments receive in December
and March.
4211 Utility Users Tax 1,400,000 185,130 223,057 37,927 15.93% Received in the following month. 4206 Transfer Tax 16,000 2,051 7,021 4,970 43.88% Based on activities. 4202 Transient Occupancy Tax (TOT) 105,000 - - - 0.00% Received Quarterly. 4212 Cannabis Sales Tax 1,750,000 - - - 0.00% Received Quarterly. 4201 Sales and Use Tax (Retail Sales Tax) 2,335,201 171,064 147,669 (23,395) 6.32% Received in the following month.

Taxes Total $ 6,990,223 $ 365,847 $ 412,214 $ 46,367 5.90% Licenses & Permits:
4301 Compliance Program Fee $ 45,000 $ - $ - $ - 0.00% Payment received in March annually.

Various
Plumbing, Electrical &
Conditional/Land Used Permits 13,600 5,264 3,220 (2,044) 23.68% Permits fluctuate based on activities. 4305 Public Works Permit Fees 150,000 31,228 25,299 (5,929) 16.87% Fees fluctuate based on activities.

Various Other Fees & Permits 24,154 5,663 7,057 1,394 29.22% Fees fluctuate based on activities. 4320 Occupancy Permits 600 - 568 568 94.67%
4313 Building Permits 50,000 14,892 15,490 598 30.98% Fees fluctuate based on activities. 4307 Commercial Cannabis Renewal Fees 74,250 14,850 - (14,850) 0.00% Five business licenses: one due in
September and four due in April.
4322 Parking Permits 63,000 7,955 7,970 15 12.65% Parking Permits issued during Sept. 4311 Apartment License 20,000 4 75 71 0.38%
Majority of payments are received in
January-March.
4205 Business License Tax 240,000 1,324 7,055 5,731 2.94% Majority of payments are received in
January-March.
4110 Vehicle License Fees Excess 31,000 - - - 0.00% State Allocation 4107
Motor Vehicle License Fee (VLF) in
lieu 3,639,513 - - - 0.00%
City receives two payments per year:

January and May.

Licenses and Permits Total $ 4,351,117 $ 81,180 $ 66,734 $ (14,446) 1.53% Year-To-Date Revenue Report-General Fund
FY 2024-2025
As of September 30, 2024
Charges for Services: Page 1 of 3

Acct # Account Description
Adopted
Budget FY
2024-25
July -
September
2023
July -
September
2024 Variance
% YTD
Revenue
Received to
Adopted
Budget Comments
A B C =(C-B) (C divided by A)
Year-To-Date Revenue Report-General Fund
FY 2024-2025
As of September 30, 2024
4701 Waste Management Assessment $ - $ - $ - $ - 0.00%
4704 Plan Check Fees 58,000 6,374 11,698 5,324 20.17% Fees fluctuate based on activities. 4702 Rents & Concessions 23,800 5,954 5,954 - 25.02% Monthly payments. $ 81,800 $ 12,328 $ 17,652 $ 5,324 21.58%
Fines and Forfeitures:
4401 Penalties: Apt & Bus License $ 9,000 $ 345.00 $ 1,199 $ 854 13.32% Penalties generally occurr after
February.
4404
Southeast Municipal Court (SEMC)/
Court Collections 220,000 33,204 40,216 7,012 18.28% Monthly Payments. 4403 Citations: Administrative 5,000 1,700 100 (1,600) 2.00% Code Enforcement Citations fluctuate
based on activities.
4402 Citations: Parking 412,000 51,230 45,301 (5,929) 11.00% Fees fluctuate based on activities.

Payments are received two months
after the citations are paid to third
party.
$ 646,000 $ 86,479 $ 86,816 $ 337 13.44%
Leases and Concessions:
4501 Leased Property Rental Income $ 61,400 $ 14,752 $ 12,564 $ (2,188) 20.46% Payments received monthly. $ 61,400 $ 14,752 $ 12,564 $ (2,188) 20.46%
Miscellaneous:
4817 Good Corporate Citizen Program $ 20,000 $ - $ - $ - 0.00% Payment received in March. 4803 Interest Income 475,000 - - - 0.00% Internal allocations are done quarterly.

Various Miscellaneous Revenue 72,900 738 57,420 56,682 78.77% Budgeted based on prior year's actual. 4800 Transfer In -General 495,705 - - - 0.00% Internal allocations are done annually.

Charges for Services Total
Fines and Forfeitures Total
Leases and Concessions Total

Acct # Account Description
Adopted
Budget FY
2024-25
July -
September
2023
July -
September
2024 Variance
% YTD
Revenue
Received to
Adopted
Budget Comments
A B C =(C-B) (C divided by A)
Year-To-Date Revenue Report-General Fund
FY 2024-2025
As of September 30, 2024
Miscellaneous Revenue Total $ 1,063,605 $ 738 $ 57,420 $ 56,682 5.40% 4830 Retiree Pension Levy $ 1,300,000 $ - $ 9,396 $ 9,396 0.72% Payment starts in November.

Retiree Pension Levy Total $ 1,300,000 $ - $ 9,396 $ 9,396 0.72% General Fund Revenue Total $ 14,494,145 $ 561,324 $ 662,796 $ 101,472 4.57% Retiree Pension Levy:

Fund Fund Description
Adopted
Budget
FY 2024-25
July -
September
2023
July -
September
2024 Variance
% YTD Revenue
Received to
Adopted Budget Comments
A B C =(C-B) (A divided by C)
212 Gas Tax Fund $ 721,127 $127,213 $133,666 6,453 18.54% Received monthly. 214 Transportation Development Act (TDA) Bikeway 25,213 - - - 0.00% Reimbursement based on actual
expenditures.
216 SB-1 Road Maintenance Rehabilitation Act Fund 643,264 52,850 56,749 3,899 8.82% Received monthly. 221 Proposition A Transit Fund 690,396 169,777 164,301 (5,476) 23.80% Received monthly. 222 Proposition C Transit Fund 582,762 142,181 137,127 (5,054) 23.53% Received monthly. 223 Air Quality Management District (AQMD) Fund 35,300 - - - 0.00% Received quarterly. 224 Measure R Transit Fund 429,999 105,540 102,201 (3,339) 23.77% Received monthly. 225 Measure M Transit Fund 498,766 80,084 115,625 35,541 23.18% Received monthly. 232
Supplemental Law Enforcement Services Fund (SLESF)
Grant 100,000 - - - 0.00% Received monthly.
243 Community Development Block Grant (CDBG) 625,365 - 6,795 6,795 1.09% Reimbursement based on actual
expenditures.
251 Street Lighting Fund 174,520 - - - 0.00% Payments start in November. 611 Redevelopment "Successor" Agency Fund - - 320 320 0.00% 261 Federal / State / County Grants 18,732,814 - 787 787 0.00% Reimbursement based on actual
expenditures.
272 Measure A Park Fund 784,903 - - - 0.00%
Reimbursement based on actual
expenditures.
280 Measure W Safe Clean Water Program Fund 198,061 - - - 0.00% Payment received by December. 412 Sewer Enterprise Fund 326,000 - - - 0.00% Payment starts in November. 501 PLHA Fund (Permanent Local Housing Allocation) 655,794 - - - 0.00% Reimbursement based on actual
expenditures.

Special Revenue Funds Total $ 25,224,284 $ 677,645 $ 717,571 $ 39,926 2.84% Year-To-Date Revenue Report-Special Revenue Funds
FY 2024-2025
As of September 30, 2024

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 6.

DATE: October 23, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: RIMO HANSON, FINANCE DIRECTOR

RAUL HERRERA, SENIOR ACCOUNTANT
SUBJECT: MONTHLY CASH AND INVESTMENT REPORT TO THE CITY COUNCIL SEPTEMBER 2024
RECOMMENDATION:

Staff recommends that the City Council receive and file the attached cash and investment report for September 2024.

BACKGROUND:

In accordance with the City of Maywood’s Adopted Investment Policy and to provide information to the City Council, the City’s Finance Department prepares a Monthly Cash and Investment Report for the City Council’s review. The report shows the City’s cash position at the month's end as well as investments.

DISCUSSION:

The cash and investment balances are across all funds of the City. The purpose of this report is to show the cash and investment balances at month end. The investment provides sufficient liquidity to meet six months of estimated expenditures. All investments are in compliance with California state code 503600 and the City of Maywood Investment Policy.

The City maintains cash in a General Account, investments in the Local Agency Investment Fund (LAIF), investments in the California Employers' Retiree Benefit Trust (CERBT) a Section 115 trust fund dedicated to prefunding other Post-Employment Benefits (OPEB), and investments in the California Employers' Pension Prefunding Trust (CEPPT). The attached report shows the cash and investments as of September 30, 2024.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

There is no fiscal impact involved with approving this report.

ATTACHMENT(S)

1. September 2024 Cash and Investment Report

Description Type Ending Balance as of
9/30/2024
A - Non-Investment Cash Accounts
US Bank - Corporate Checking Cash $ 1,224,310.98
Total Cash Accounts $ 1,224,310.98
B - Investment Accounts
Local Agency Investment Fund (LAIF) Pooled Money Investment Account (PMIA)
$ 15,808,134.12
California Public Employees' Retirement System (CalPERS) California Employers' Retiree Benefit Trust (CERBT) Title 26 - U.S.C. 115 - Income of States, Municipalities, etc., Trusts
$ 1,135,033.38
California Public Employees' Retirement System (CalPERS) California Employers' Pension Prefunding Trust (CEPPT) Title 26 - U.S.C. 115 - Income of States, Municipalities, etc., Trusts
$ 1,053,213.08
Total Investment Accounts $ 17,996,380.58
Total Cash and Investments $ 19,220,691.56
City of Maywood, California
Cash and Investments Report
As of September 30, 2024

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 7.

DATE: October 23, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: RIMO HANSON, FINANCE DIRECTOR

RAUL HERRERA, SENIOR ACCOUNTANT
SUBJECT: CONSIDERATION OF ADOPTING RESOLUTION NO. 6388 OF THE CITY COUNCIL

OF THE CITY OF MAYWOOD AND SUCCESSOR AGENCY TO THE MAYWOOD

COMMUNITY REDEVELOPMENT AGENCY APPROVING THE WARRANTS FOR

PAYMENT
RECOMMENDATION:

Staff recommends that the City Council receive, approve and file the warrant and ACH registers and payroll wire transfers dated 8/29/2024 through 10/11/2024, and adopt Resolution No. 6388 approving Warrants for Payment
BACKGROUND:

Staff provides warrant registers and wire transfers to City Council as part of Management Controls. The City utilizes resolutions for approving warrants for payment to comply with Section 3-2.06 of the Municipal Code regarding Warrants for Payments. Exhibit A entitled Summary of Warrants and Wire Transfers/ Automated Clearing House (ACH) Transactions serves as a Management Control for complying with Section 3-2.06.

Exhibit B entitled Detail of Warrants serves as evidence of Internal Controls utilized by City Finance staff that support these Management Controls for payments made by the City. These controls are carried out through the submission of all required documents supporting the invoices submitted for payment. Prior to payment, the Finance staff reviews - as an Internal Control that supports the Management Control - all disbursement documents to ensure that they meet the approval requirements DISCUSSION:

A - PAYMENT APPROVAL - Pursuant to paragraph 37202 of the California Government Code, demands (called Warrant Demand) against the City for payment shall be audited and thereafter submitted to the City Council for approval or rejection prior to payment, either separately or in a register of audited demands and shall have attached thereto affirmation of the City Treasurer and City Finance Director certifying the accuracy of the demands and the availability of funds for payment. This is accomplished using:

A1 - Warrants Registers or checks certified or approved by the City Treasurer and Finance Director as conforming to authorized expenditures set forth in the City Council adopted City Budget.

A1.1 Prepayments – pre-paying allows the City to take advantage of allowable prompt payment discounts and make payments on due dates of invoices. This involves the issuance of checks prior to final warrant approval.

Automated Clearing House (ACH) transactions are made using a network that electronically moves money

between the City’s bank accounts to a payee’s bank account. This is reflected in the Summary Warrants for Payment and Wire Transfers/ACH Transactions as Accounts Payable prepaid warrants for payment. Wire Transfer is a method of electronic funds transfer from the City of Maywood to one person or organization (payrolls and fees for electronic transfers).

A1.2 Regular Payment – To avoid late fees for payments made beyond due dates of invoices, checks are prepared prior to final warrant approval by the City Council. This is reflected in the Summary Warrants for Payment and Wire Transfers/ACH Transactions as Accounts Payable regular warrants for payment. After City Council approval, the checks are signed and distributed.

B - DOCUMENTATION – The City uses a Management Control by producing a summary document (Exhibit ASummary Warrants for Payment and Wire Transfers/ACH transactions) that represents the cash disbursements required and the City uses an Internal Control by producing a detailed document (Exhibit B – Detail Warrants for Payment) that details information about each check issued for Prepaids and or to-be-paid for Regular Payments. These “disbursements” are accounted for in the FY2024-25 budget.

B1 – SUMMARY WARRANTS FOR PAYMENT AND WIRE TRANSFERS/ACH TRANSACTIONS provide an accounting of the Accounts Payable Registers, wire transfers (method of electronic funds transfer from the City of Maywood to one person or organization), and Automated Clearing House (ACH)transactions.

B2 – DETAIL WARRANTS FOR PAYMENTS provides the detailed information of approved payments made to the City's vendors and contractors by check number, identification of prepaid, date of warrant, vendor name, check amount, transaction description, and fund source. Wire transfers also enable the City to send electronic funds to the bank accounts of the City's vendors and contractors. The warrant registers, wire transfers, and net payrolls reflect the financial obligations of the City for the above-referenced dates.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

The total disbursements for Warrant Registers are $1,911,318,97 for the period of 8/29/2024 to 10/11/2024.

This amount consists of Warrant Registers of $1,680,899.57 ACH registers of $94,514.51, and Payroll Wire Transfers of $135,904.89.

ATTACHMENT(S)

1. Resolution No.6388 Approving the Warrants for Register 10.23.24

2. Exhibit A Summary Warrant Demand 10.23.24

3. Exhibit B Warrant Register Detail 10.23.24

RESOLUTION NO. 6388

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MAYWOOD, CALIFORNIA, AND SUCCESSOR AGENCY TO

THE MAYWOOD COMMUNITY REDEVELOPMENT AGENCY

APPROVING THE WARRANTS FOR PAYMENT
WHEREAS, the following listed demands have been reviewed by the Director of Finance, and
WHEREAS , the Director of Finance has certified to the accuracy and availability of funds for payment thereof, and
WHEREAS, the register of audited demands is hereby submitted to the City Council of the City of Maywood and Successor Agency to the Maywood Community Redevelopment Agency for approval.

NOW, THEREFORE, BE IT RESOLVED, that the listed Warrants and Wire Transfers/Automated Clearing House (ACH) Transactions for $1,911,318.97 are hereby ratified:
• Exhibit A – Summary of Warrants and Wire Transfers/ACH Transactions • Exhibit B – Detail of Warrants
PASSED, APPROVED AND ADOPTED THIS 23th day of October 2024. __________________________
Eddie De La Riva, Mayor

ATTEST: APPROVED AS TO FORM:
___________________________ __________________________
Brian E. Juarez, City Clerk Roxanne Diaz, City Attorney

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

CITY OF MAYWOOD
I, Brian E. Juarez, City Clerk of the City of Maywood, County of Los Angeles, State of California, do hereby certify that the foregoing Resolution, being Resolution No.6388, was duly passed, approved by not less than three members of the City Council of the City of Maywood, signed by the Mayor of said City, and attested by the City Clerk, all at a regular meeting of the City Council held on the 23th day of October, 2024, that it was duly posted and that the same was passed and adopted by the following vote, to wit:

AYES:

NAYES:

ABSENT:

ABSTAINED:
___________________________
Brian E. Juarez, City Clerk

Wednesday, October 23, 2024
Accounts Payable Amount
$ -
$ 941,823.15
$ 739,076.42
$ 94,514.51
Sub-total $ 1,775,414.08
Payroll /Wire Transfer
09/26/24 Payroll Pay Period 9/8/2024 - 9/21/2024 $ 68,343.11 10/10/24 Payroll Pay Period 9/22/2024 - 10/5/2024 $ 67,561.78 Sub-total $ 135,904.89
Total Demands $ 1,911,318.97
Accounts Payable regular warrants for payment: ACH No. ACH-204 - ACH-213 City of Maywood
Summary Warrants for Payment and Wire Transfers/ACH Transactions Council Meeting Date
Accounts Payable prepaid warrants for payment: Checks No. 092598 - 092668, 092686, & 092692 Accounts Payable regular warrants for payment: Checks No. 092669 - 092685, 092687 - 092691, & 092693 Accounts Payable void warrants for payment: Checks No.

Check
NO.

Prepaids
(P) Date Name Check Amount Description Fund Title Fund # 092598 P 10/2/24 Penske Chevrolet of Cerritos 50,141.15 2024 Chevrolet Blazer EV AMQM Fund 223 092599 P 10/7/24 A-A Backflow Testing 655.00 Pixley PK - Backflow Device Repair General Fund 100 092600 P 10/7/24 AFSCME District Council 36 893.68 AFSCME Dues - Aug 2024 General Fund 100 10/7/24 AFSCME District Council 36 595.02 AFSCME Dues - Sept 2024 General Fund 100 092601 P 10/7/24 Alta Environmental 1,363.30 Professional Services Aug 2024 Measure W Fund 280 092602 P 10/7/24 Amazon Capital Services 189.89 Building and Planning - Office Supplies General Fund 100 10/7/24 Amazon Capital Services 112.54 Building Dept & Housing Dept - Various Supplies General Fund 100 10/7/24 Amazon Capital Services 17.67 Building Dept - Cell Phone Charger General Fund 100 10/7/24 Amazon Capital Services 85.38 Centennial Event - Snow Fence General Fund 100 10/7/24 Amazon Capital Services 14.22 Public Works Dept - Phone Case General Fund 100 10/7/24 Amazon Capital Services 46.62 Building Dept & Housing Dept - Various Supplies Local Fiscal Recovery Fund
273
092603 P10/7/24 Modern IT, Inc. dba Advanced
Microcomputing Concepts, Inc.
2,420.54 Software Subscriptions Sept 2024 General Fund 100 10/7/24 Modern IT, Inc. dba Advanced
Microcomputing Concepts, Inc.
3,630.00 IT Services Sept 2024 General Fund 100
092604 P 10/7/24 AT&T 30.47 Emergency Elevator Phone Service 8/10/24-9/9/24 General Fund 100 10/7/24 AT&T 30.11 Emergency Elevator Phone Service Aug 2024 General Fund 100 092605 P 10/7/24 AT & T Long Distance 51.07 Emergency Long Distance Phone Service- July/Aug 2024 General Fund 100 092606 P 10/7/24 Base Hill Inc. 6,172.97 City of Maywood Janitorial Services - Sept 2024 General Fund 100 092607 P 10/7/24 Belinda Murillo 50.00 Stipend Youth Commissioner 9-11-24 General Fund 100 092608 P 10/7/24 Benefit Coordinators Corporation (BCC) 1,670.16 Dental and Vision Benefits Oct 2024 General Fund 100 10/7/24 Benefit Coordinators Corporation (BCC) 225.42 Dental and Vision Benefits Oct 2024 Gas Tax Fund 212 10/7/24 Benefit Coordinators Corporation (BCC) 10.45 Dental and Vision Benefits Oct 2024 Proposition A Fund 221 10/7/24 Benefit Coordinators Corporation (BCC) 33.16 Dental and Vision Benefits Oct 2024 Proposition C Fund 222 10/7/24 Benefit Coordinators Corporation (BCC) 19.90 Dental and Vision Benefits Oct 2024 Measure R Fund 224 10/7/24 Benefit Coordinators Corporation (BCC) 92.82 Dental and Vision Benefits Oct 2024 Measure M Fund 225 10/7/24 Benefit Coordinators Corporation (BCC) 145.86 Dental and Vision Benefits Oct 2024 CDBG 243 10/7/24 Benefit Coordinators Corporation (BCC) 6.63 Dental and Vision Benefits Oct 2024 Street Lighting Fund 251 10/7/24 Benefit Coordinators Corporation (BCC) 132.60 Dental and Vision Benefits Oct 2024 Local Fiscal Recovery Fund
273
10/7/24 Benefit Coordinators Corporation (BCC) 19.90 Dental and Vision Benefits Oct 2024 Successor Agency Fund
611
092609 P 10/7/24 BPR Consulting Group LLC 14,747.29 Professional Services Aug 2024 General Fund 100 092610 P 10/7/24 Brent Talmo 989.86 Retiree Medical Reimb Oct 2024 General Fund 100 092611 P 10/7/24 Brian E. Juarez 300.00 City Clerk Stipend Oct 2024 General Fund 100 092612 P 10/7/24 Brinks Inc. 120.76 Cash handling Services Aug 2024 General Fund 100 10/7/24 Brinks Inc. 276.15 Armored Truck Services Sept 2024 General Fund 100 092613 P 10/7/24 Bruce Leflar 1,207.90 Retiree Medical Reimb Oct 2024 General Fund 100 092614 P10/7/24 Bureau Veritas Technical Assessments
LLC
14,063.72 ADA Self Evaluation and Transition Plan Aug 2024 Local Fiscal Recovery Fund
273
10/7/24 Bureau Veritas Technical Assessments
LLC
12,657.35 ADA Self Evaluation and Transition Plan Sept 2024 Local Fiscal Recovery Fund
273
092615 P 10/7/24 Cat Specialties Inc. 114.39 Bulky Item Banner Patches General Fund 100 092616 P 10/7/24 Celestial Air Conditioning Co. Inc. 301.27 Services CH-AC Unit Drain Line General Fund 100 092617 P 10/7/24 Charter Communications Holdings, LLC 1,084.72 Internet and Phone Service Sept 2024 General Fund 100 092618 P 10/7/24 Christine M. Locher 291.15 Retiree Medical Reimb. Oct 2024 General Fund 100

Check
NO.

Prepaids
(P) Date Name Check Amount Description Fund Title Fund # 092619 P 10/7/24 CivicPlus LLC 15,611.40 CivicClerk Annual Fee 09/23/2024-09/22/2025 General Fund 100 092620 P 10/7/24 CoreLogic Solutions LLC. 150.00 Property Finder Service Aug 2024 General Fund 100 092621 P 10/7/24 Crosstown Electrical & Data Inc. 885.54 Riverfront Park 8-7-24 General Fund 100 10/7/24 Crosstown Electrical & Data Inc. 478.18 4801 Slauson Ave 8-16-24 Gas Tax Fund 212 10/7/24 Crosstown Electrical & Data Inc. 451.26 5216 Loma Vista 8-13-24 Gas Tax Fund 212 10/7/24 Crosstown Electrical & Data Inc. 312.16 5720 Loma Vista 8-26-24 Gas Tax Fund 212 10/7/24 Crosstown Electrical & Data Inc. 759.30 Atlantic Ave & 55 St 8-14-24 Gas Tax Fund 212 10/7/24 Crosstown Electrical & Data Inc. 361.88 Atlantic Ave & 61 St 8-1-24 Gas Tax Fund 212 10/7/24 Crosstown Electrical & Data Inc. 664.16 Slauson Ave. & Alamo Ave. 8-1-24 Gas Tax Fund 212 10/7/24 Crosstown Electrical & Data Inc. 295.18 Slauson Ave & Corona Ave 8-9-24 Gas Tax Fund 212 10/7/24 Crosstown Electrical & Data Inc. 516.57 Slauson Ave & Heliotrope Ave 8-1-24 Gas Tax Fund 212 10/7/24 Crosstown Electrical & Data Inc. 787.86 Slauson Ave & Pine Ave 8-12-24 Gas Tax Fund 212 10/7/24 Crosstown Electrical & Data Inc. 2,057.40 City's Street Preventive Maintenance Aug 2024 Street Lighting Fund 251 092622 P 10/7/24 Dapeer, Rosenblit & Litvak, LLP 272.20 Municipal Code Encement Professional Serv Aug 2024 General Fund 100 092623 P 10/7/24 Diana Cho & Associates 2,112.00 CDBG Code Encement Consulting Aug 2024 CDBG 243 10/7/24 Diana Cho & Associates 2,420.00 CDBG Code Encement Consulting July 2024 CDBG 243 10/7/24 Diana Cho & Associates 1,100.00 Consulting Services Sidewalk Rehabilitation Proj Aug 2024 CDBG 243 10/7/24 Diana Cho & Associates 968.00 Consulting Services Sidewalk Rehabilitation Proj July 2024 CDBG 243 092624 P 10/7/24 Edward Ahrens 1,573.82 Retiree Medical Reimb Oct 2024 General Fund 100 092625 P 10/7/24 Eliud James Gonzalez 50.00 Stipend Youth Commissioner 9-11-24 General Fund 100 092626 P 10/7/24 Emergency-1 Response, Inc 800.50 Centennial Celebration - EMT Services General Fund 100 092627 P 10/7/24 Frank Garcia 49.90 Parking Reimb. Conference Gateway COG General Fund 100 092628 P 10/7/24 Gateway Cities Council of Governments 10,000.00 Gateway COG I-710 Corridor Planning FY24-25 Measure R Fund 224 092629 P 10/7/24 George Hills Company 519.80 City Claims/ Adjuster Aug 2024 General Fund 100 092630 P 10/7/24 Graffiti Protective Coatings 18,000.00 Citywide Graffiti Removal July 2024 CDBG 243 092631 P 10/7/24 HdL Software LLC 1,715.30 Business License Processing-Aug 2024 General Fund 100 10/7/24 HdL Software LLC 1,207.87 Permits Software Quarterly Use Fee - 09/01/24 to 11/30/24 General Fund 100 092632 P 10/7/24 Heber Marquez 1,876.08 Reimb. Conference Gateway COG General Fund 100 092633 P 10/7/24 Myers & Sons Hi-Way Safety Inc. 257.58 Street Signs Gas Tax Fund 212 092634 P 10/7/24 Hinderliter de Llamas & Assoc. 10,250.00 Services Cannabis Management Prog Aug 2024 General Fund 100 092635 P 10/7/24 Innovative Fence Inc. 3,827.00 Fence Repair/Modify General Fund 100 092636 P 10/7/24 Jhomayra Camacho 850.00 Centennial Event - Photography General Fund 100 092637 P10/7/24 Gregory Kiley dba Kiley & Associates LLC 3,900.00 Federal Legislative Advocacy Srvs 8-15-24 to 9-13-24 General Fund 100 092638 P 10/7/24 Kimley-Horn and Associates Inc. 942.96 HSIP Cycle 11 Traffic Signal Improvements Aug 2024 Measure R Fund 224 10/7/24 Kimley-Horn and Associates Inc. 5,419.89 HSIP Cycle 11 Traffic Signal Improvements July 2024 Measure R Fund 224 092639 P 10/7/24 L.B. Johnson Hardware #1 33.92 Electrical Outlet General Fund 100 10/7/24 L.B. Johnson Hardware #1 59.73 Stucco-Council Chambers Window Frame General Fund 100 10/7/24 L.B. Johnson Hardware #1 49.26 Tool - Loppers General Fund 100 10/7/24 L.B. Johnson Hardware #1 338.23 Tools - E Transit Truck General Fund 100 10/7/24 L.B. Johnson Hardware #1 16.14 Zip Ties General Fund 100 10/7/24 L.B. Johnson Hardware #1 71.46 Cement Bags/Sign Sockets Gas Tax Fund 212 10/7/24 L.B. Johnson Hardware #1 142.32 PW- Dept.- Asphalt/Marking Paint Gas Tax Fund 212 092640 P 10/7/24 Magaly Juliet Guzman 50.00 Stipend Youth Commissioner 9-11-24 General Fund 100 092641 P 10/7/24 Mary Mariscal 50.00 Treasurer Stipend Oct 2024 General Fund 100 092642 P 10/7/24 Maywood Car Wash 790.59 Fuel and Car Wash City Vehicles Aug 2024 General Fund 100 092643 P 10/7/24 Nancy Rodriguez 44.00 CalPERS Conference Parking Reimb 8-27-24 General Fund 100

Check
NO.

Prepaids
(P) Date Name Check Amount Description Fund Title Fund # 10/7/24 Nancy Rodriguez 29.48 Mileage Reimbursement - CalPERS Conference 8-27-24 General Fund 100 092644 P 10/7/24 Nationwide Environmental Services 7,537.00 Street Sweeping Services Sept 2024 Measure W Fund 280 092645 P 10/7/24 Ok Printing Design & Digital Print 360.00 Centennial Celebration - Foam Board Printing General Fund 100 092646 P 10/7/24 Perez Plumbing 165.00 Riverfront PK - Drain Cleaning General Fund 100 10/7/24 Perez Plumbing 7,350.00 Installation of Pedestal Filling Station (CalRecycle) Grant Fund 261 092647 P 10/7/24 Phoenix Group Information Systems 154.32 Admin Citations Processing Fee Aug 2024 General Fund 100 10/7/24 Phoenix Group Information Systems 4,198.31 Citation Processing Fee Aug 2024 General Fund 100 10/7/24 Phoenix Group Information Systems 6,343.89 Citation Processing Fee July 2024 General Fund 100 10/7/24 Phoenix Group Information Systems 4,309.36 Citation Processing Fee June 2024 General Fund 100 10/7/24 Phoenix Group Information Systems 1,583.50 Parking Permit Processing Fees Aug 2024 General Fund 100 092648 P10/7/24 Property Health Inc. 3,900.00 Teen Center- HazMat & Mold Abatement Proj Management Local Fiscal Recovery Fund
273
092649 P10/7/24 County of LA Dept of Public Works 1,488.87 City's Maintenance of Sewer 52nd Place Aug 2024 Sewer Enterprise Fund
412
10/7/24 County of LA Dept of Public Works 2,155.14 City's Maintenance of Sewer Aug 2024 Sewer Enterprise Fund
412
092650 P 10/7/24 QDoxs 44.90 Copier Base Charge 9/5/24-10/4/24 General Fund 100 10/7/24 QDoxs 126.48 Copier Base Charge Sept 2024 General Fund 100 092651 P 10/7/24 Aresolo, Inc. 3,079.69 Centennial Festival - Food Service General Fund 100 092652 P 10/7/24 Robert Leach 1,005.00 Retiree Medical Reimb Oct 2024 General Fund 100 092653 P 10/7/24 Ronald Lindsey 1,422.62 Retiree Medical Reimb Oct 2024 General Fund 100 092654 P 10/7/24 Roy Alexande Hernandez 50.00 Stipend Youth Commissioner 9-11-24 General Fund 100 092655 P 10/7/24 Richards Watson & Gershon 12,265.00 Professional Services May 2024 Grant Fund 261 092656 P 10/7/24 Sanchez Awards 297.67 Centennial Event- Recognition Plaques General Fund 100 092657 P10/7/24 SHERIFF'S DEPT COUNTY OF LOS

ANGELES
490,860.55 Municipal Law Encement Service July 2024 General Fund 100 092658 P 10/7/24 Southern California Edison 73.16 5317 Atlantic Ave PED 8/15/24-9/15/24 Gas Tax Fund 212 10/7/24 Southern California Edison 184.10 5916 King Ave/5913 Mayflower Ave 8/8/24-9/8/24 Gas Tax Fund 212 092659 P 10/7/24 Sparkletts Drinking Water Corp 328.70 Water Delivery Service Sept 2024 General Fund 100 092660 P10/7/24 Stantec Planning & Landscape
Architecture
7,271.61 Slauson Ave and Atlantic Blvd Congestion Relief Improv Aug 2024
Grant Fund 261
092661 P 10/7/24 Staples Business Advantage 53.25 Label Maker Tape General Fund 100 092662 P 10/7/24 The Gas Company 29.22 4317 Slauson Ave 8/6/24-9/5/24 General Fund 100 10/7/24 The Gas Company 21.04 4319 Slauson Ave City Hall 8/6/24-9/5/24 General Fund 100 10/7/24 The Gas Company 22.51 4323 Slauson Ave Library 8/6/24-9/5/24 General Fund 100 092663 P 10/7/24 Quadient Finance USA Inc. 249.00 Postage Usage 8/30/24-9/12/24 General Fund 100 092664 P 10/7/24 Transtech Engineers Inc 82.00 201047 May TSSP June 2024 Gas Tax Fund 212 10/7/24 Transtech Engineers Inc 159.50 240044 May TRF 58th from Atlantic to King July 2024 Gas Tax Fund 212 10/7/24 Transtech Engineers Inc 46,002.50 240360 May FY24-25 Pavement Rehab. BID Package July 2024LACMTA Funds 227 10/7/24 Transtech Engineers Inc 1,064.00 240392 Sidewalk Curb Ramp ADA CDBG FY23-24 CDBG 243 10/7/24 Transtech Engineers Inc 372.00 240422 Park Improv Project FY24-25 CDBG July 2024 CDBG 243 10/7/24 Transtech Engineers Inc 396.00 240051 Riverfront Park July 2024 Grant Fund 261 10/7/24 Transtech Engineers Inc 1,368.00 240122 Maywood Park Project July 2024 Grant Fund 261 10/7/24 Transtech Engineers Inc 6,834.00 240147 Beautification Project July 2024 Grant Fund 261 10/7/24 Transtech Engineers Inc 693.00 240030 Marquee Sign Replacement Project July 2024 Local Fiscal Recovery Fund
273

Check
NO.

Prepaids
(P) Date Name Check Amount Description Fund Title Fund # 10/7/24 Transtech Engineers Inc 744.00 240108 Public Works Yard July 2024 Local Fiscal Recovery Fund
273
10/7/24 Transtech Engineers Inc 2,365.00 240479 Marquee Sign Replacement Proj July 2024 Local Fiscal Recovery Fund
273
10/7/24 Transtech Engineers Inc 1,584.00 210795 Sewer Improv 52nd St and other locations July 2024 Sewer Enterprise Fund
412
10/7/24 Transtech Engineers Inc 3,026.00 240216 May 5110 District Blvd. Demo Proj July 2024 Successor Agency Fund
611
092665 P 10/7/24 U.S. Bank Corporate Payment System 10,957.54 Credit Card Statement 8/15/24 General Fund 100 092666 P 10/7/24 Vernon City of 33.22 Slauson/Downey 7/2/24-7/31/24 General Fund 100 092667 P 10/7/24 World Private Security Inc. 11,799.20 Crossing Guard Services - Aug 2024 Gas Tax Fund 212 092668 P 10/9/24 Perez Plumbing 895.00 Unclog Restrooms at Riverfront General Fund 100 10/9/24 Perez Plumbing 1,630.00 Valve Replacement at City Hall Restroom and Parks General Fund 100 092669 10/11/24 Amazon Capital Services 164.23 Printer Ink/Clear Paper Holders General Fund 100 092670 10/11/24 Amigos De Los Rios 37,614.61 Urban est CALFIRE Grant 4/1/24-9/15/24 Grant Fund 261 092671 10/11/24 Big City Print, Inc. 610.00 Graphics Digital Prints Gas Tax Fund 212 092672 10/11/24 Burke, Williams & Sorensen, LLP 18,632.10 Legal and Professional Services Aug 2024 General Fund 100 092673 10/11/24 Cat Specialties Inc. 261.02 PW Dept - Safety Vest General Fund 100 092674 10/11/24 Celestial Air Conditioning Co. Inc. 784.78 AC Unit - Repair Circuit Breaker 9-9-24 General Fund 100 092675 10/11/24 Daily Journal Corporation 2,025.76 Notice of A Public Hearing 9-30-24 General Fund 100 092676 10/11/24 Dave and Frank Automotive 65.00 Vehicle Repair VIN#10401 General Fund 100 092677 10/11/24 Dewey Pest Control 595.00 Pest Control Service Riverfront Park Aug 2024 General Fund 100 092678 10/11/24 Great West Produce 352.00 Trunk-or-Treat Event - Pumpkin Order General Fund 100 092679 10/11/24 HD Supply formerly Home Depot Pro 117.54 PW Dept - Bath Tissue General Fund 100 10/11/24 HD Supply formerly Home Depot Pro 100.90 PW Dept - Field Materials General Fund 100 10/11/24 HD Supply formerly Home Depot Pro 57.82 PW Dept - Hand Soap General Fund 100 10/11/24 HD Supply formerly Home Depot Pro 81.04 PW Dept - Paint General Fund 100 092680 10/11/24 Myers & Sons Hi-Way Safety Inc. 964.15 PW Dept - Street Signs Gas Tax Fund 212 092681 10/11/24 L.B. Johnson Hardware #1 13.76 PW Dept - Adhesive/Gloves General Fund 100 10/11/24 L.B. Johnson Hardware #1 82.07 PW Dept - Cleaning Products General Fund 100 10/11/24 L.B. Johnson Hardware #1 28.77 PW Dept - Facility Supplies General Fund 100 10/11/24 L.B. Johnson Hardware #1 52.54 PW Dept - Leaf Rake General Fund 100 092682 10/11/24 Metro Transit Services 39,427.56 Express Shuttle & Dial-A-Ride Transit Svc Sept 2024 Proposition A Fund 221 092683 10/11/24 North Star Landcare 9,831.25 Landscape Services Sept 2024 General Fund 100 092684 10/11/24 Aresolo, Inc. 727.65 Community Events - Food Service 10-3-24 General Fund 100 092685 10/11/24 SHERIFF'S DEPT COUNTY OF LOS

ANGELES
490,860.55 Municipal Law Encement Service Aug 2024 General Fund 100 092686 P 10/11/24 Silsbee Ford, Inc 20,988.00 2023 Ford E-Transit General Fund 100 P 10/11/24 Silsbee Ford, Inc 51,875.00 2023 Ford E-Transit AMQD Fund 223 092687 10/11/24 Tierra West Advisors, Inc 3,660.00 Consultant Services 5102 & 5110 District Blvd Aug 2024 Successor Agency Fund
611
092691 10/11/24 Transtech Engineers Inc 328.00 20846 City Engineering Services Aug 2024 General Fund 100 10/11/24 Transtech Engineers Inc 328.00 20846 City Engineering Services July 2024 General Fund 100 10/11/24 Transtech Engineers Inc 2,736.50 20919 PW Encroachment Permit Insp Serv Aug 2024 General Fund 100 10/11/24 Transtech Engineers Inc 6,462.50 20919 PW Encroachment Permit Insp Svc July 2024 General Fund 100 10/11/24 Transtech Engineers Inc 3,192.00 210150 Encroachment Permit Aug 2024 General Fund 100 10/11/24 Transtech Engineers Inc 5,824.00 210150 Encroachment Permit July 2024 General Fund 100

Check
NO.

Prepaids
(P) Date Name Check Amount Description Fund Title Fund # 10/11/24 Transtech Engineers Inc 792.00 230515 Next Gen Signal Priority Aug 2024 General Fund 100 10/11/24 Transtech Engineers Inc 495.00 230515 Next Gen Signal Priority July 2024 General Fund 100 10/11/24 Transtech Engineers Inc 198.00 230716 I 710 ICM Aug 2024 General Fund 100 10/11/24 Transtech Engineers Inc 495.00 240618 Annual DBE Submittal FY25-26 July 2024 General Fund 100 10/11/24 Transtech Engineers Inc 82.00 201034 Slauson TSSP Project July 2024 Gas Tax Fund 212 10/11/24 Transtech Engineers Inc 82.00 201047 TSSP July 2024 Gas Tax Fund 212 10/11/24 Transtech Engineers Inc 1,114.00 240461 61st St at Prospect Ave Stop Request July 2024 Gas Tax Fund 212 10/11/24 Transtech Engineers Inc 456.00 240512 Heliotrope Ele on 59th Pl Traffic Calming July 2024 Gas Tax Fund 212 10/11/24 Transtech Engineers Inc 99.00 240603 Traffic Sig Maint Agreement Aug 2024 Gas Tax Fund 212 10/11/24 Transtech Engineers Inc 40,017.00 240360 FY24-25 Pavement Rehab Bid Package Aug 2024 LACMTA Funds 227 10/11/24 Transtech Engineers Inc 412.50 240392 Sidewalk Curb Ramp ADA CDBG FY23-24 July 2024 CDBG 243 10/11/24 Transtech Engineers Inc 5,766.00 240422 Park Improv Project FY24-25 CDBG Aug 2024 CDBG 243 10/11/24 Transtech Engineers Inc 492.00 201007 I 710 Integrated Corridor Management Aug 2024 Grant Fund 261 10/11/24 Transtech Engineers Inc 2,803.50 20901 CIP Slauson Ave Corridor Aug 2024 Grant Fund 261 10/11/24 Transtech Engineers Inc 1,584.00 20901 CIP Slauson Ave. Corridor July 2024 Grant Fund 261 10/11/24 Transtech Engineers Inc 4,968.00 210065 Baseball Field Improvements Aug 2024 Grant Fund 261 10/11/24 Transtech Engineers Inc 2,943.00 210065 Baseball Field Improvements July 2024 Grant Fund 261 10/11/24 Transtech Engineers Inc 297.00 220534 ATP Cycle 6 Randolph Aug 2024 Grant Fund 261 10/11/24 Transtech Engineers Inc 76.00 220534 ATP Cycle 6 Randolph July 2024 Grant Fund 261 10/11/24 Transtech Engineers Inc 4,408.50 230434 HSIP Cycle 11 Improvements PE Phase Aug 2024 Grant Fund 261 10/11/24 Transtech Engineers Inc 1,350.00 230434 HSIP Cycle 11 Improvements PE Phase July 2024 Grant Fund 261 10/11/24 Transtech Engineers Inc 1,188.00 240011 Teen Center 4801 E Slauson Ave Aug 2024 Grant Fund 261 10/11/24 Transtech Engineers Inc 297.00 240051 Riverfront Park Renovations Aug 2024 Grant Fund 261 10/11/24 Transtech Engineers Inc 2,271.00 240147 Beautification Project Aug 2024 Grant Fund 261 10/11/24 Transtech Engineers Inc 1,116.00 231284 City Hall Window Replacement Project July 2024 Local Fiscal Recovery Fund
273
10/11/24 Transtech Engineers Inc 372.00 231307 City Hall Painting Project Aug 2024 Local Fiscal Recovery Fund
273
10/11/24 Transtech Engineers Inc 647.00 231449 ADA Master Plan Update Aug 2024 Local Fiscal Recovery Fund
273
10/11/24 Transtech Engineers Inc 1,103.00 231449 ADA Master Plan Update July 2024 Local Fiscal Recovery Fund
273
10/11/24 Transtech Engineers Inc 495.00 240011 Teen Center 4801 E Slauson Ave July 2024 Local Fiscal Recovery Fund
273
10/11/24 Transtech Engineers Inc 396.00 240030 Marquee Sign Replacement Project Aug 2024 Local Fiscal Recovery Fund
273
10/11/24 Transtech Engineers Inc 9,672.00 240108 Public Works Yard Aug 2024 Local Fiscal Recovery Fund
273
10/11/24 Transtech Engineers Inc 1,459.00 240479 Marquee Sign Replacement Proj Aug 2024 Local Fiscal Recovery Fund
273
10/11/24 Transtech Engineers Inc 304.00 240835 CH Window Replacement Project Aug 2024 Local Fiscal Recovery Fund
273
10/11/24 Transtech Engineers Inc 495.00 210795 Sewer Improv 52nd St and other locations Aug 2024 Sewer Enterprise Fund
412
10/11/24 Transtech Engineers Inc 465.00 240123 LACSD Sewer Lining July 2024 Sewer Enterprise Fund
412

Check
NO.

Prepaids
(P) Date Name Check Amount Description Fund Title Fund # 10/11/24 Transtech Engineers Inc 3,002.00 231444 Demo Project 5110 District Blvd July 2024 Successor Agency Fund
611
10/11/24 Transtech Engineers Inc 1,896.00 231444 Demo Project 5110 District Blvd Aug 2024 Successor Agency Fund
611
10/11/24 Transtech Engineers Inc 2,144.00 240216 5110 District Blvd Demo Proj Aug 2024 Successor Agency Fund
611
092692 P10/11/24 Unlimited Environmental, Inc. 13,895.29 5110 District Blvd. Demo Proj Aug 2024 Successor Agency Fund
611
092693 10/11/24 World Private Security Inc. 16,842.82 Crossing Guard Services Sept 2024 Gas Tax Fund 212 ACH-204 8/29/24 California Public Employees' Retirement System
8,641.78 CalPERS Contribution 7/28/2024-8/10/2024 General Fund 100 8/29/24 California Public Employees' Retirement
System
889.60 CalPERS Contribution 7/28/2024-8/10/2024 Gas Tax Fund 212 8/29/24 California Public Employees' Retirement
System

87.34 CalPERS Contribution 7/28/2024-8/10/2024 Proposition A Fund 221 8/29/24 California Public Employees' Retirement
System
313.94 CalPERS Contribution 7/28/2024-8/10/2024 Proposition C Fund 222 8/29/24 California Public Employees' Retirement
System
116.79 CalPERS Contribution 7/28/2024-8/10/2024 Measure R Fund 224 8/29/24 California Public Employees' Retirement
System
345.81 CalPERS Contribution 7/28/2024-8/10/2024 Measure M Fund 225 8/29/24 California Public Employees' Retirement
System
554.13 CalPERS Contribution 7/28/2024-8/10/2024 CDBG 243 8/29/24 California Public Employees' Retirement
System
423.55 CalPERS Contribution 7/28/2024-8/10/2024 Local Fiscal Recovery Fund
273
8/29/24 California Public Employees' Retirement
System
305.71 CalPERS Contribution 7/28/2024-8/10/2024 Successor Agency Fund
611
ACH-205 9/6/24 California Public Employees' Retirement
System
28,276.92 CalPERS Health Contribution Sept 2024 General Fund 100 9/6/24 California Public Employees' Retirement
System
5,371.90 CalPERS Health Contribution Sept 2024 Gas Tax Fund 212 9/6/24 California Public Employees' Retirement
System
259.62 CalPERS Health Contribution Sept 2024 Proposition A Fund 221 9/6/24 California Public Employees' Retirement
System
772.73 CalPERS Health Contribution Sept 2024 Proposition C Fund 222 9/6/24 California Public Employees' Retirement
System
435.28 CalPERS Health Contribution Sept 2024 Measure R Fund 224 9/6/24 California Public Employees' Retirement
System
2,323.52 CalPERS Health Contribution Sept 2024 Measure M Fund 225 9/6/24 California Public Employees' Retirement
System
2,552.96 CalPERS Health Contribution Sept 2024 CDBG 243 9/6/24 California Public Employees' Retirement
System
107.44 CalPERS Health Contribution Sept 2024 Street Lighting Fund 251 9/6/24 California Public Employees' Retirement
System
2,250.07 CalPERS Health Contribution Sept 2024 Local Fiscal Recovery Fund
273
9/6/24 California Public Employees' Retirement
System
513.14 CalPERS Health Contribution Sept 2024 Successor Agency Fund
611

Check
NO.

Prepaids
(P) Date Name Check Amount Description Fund Title Fund # ACH-206 9/13/24 Keena & Associates 3,348.00 7/1/24-7/1/25 Premium Commercial Automobile Liability Policy General Fund 100 ACH-207 9/16/24 US Bank Fees 120.00 Analysis Service Charges Sept 2024 General Fund 100 ACH-208 9/18/24 American Family Life Assurance
Company of Columbus (AFLAC)
238.32 Aflac payment Aug 2024 General Fund 100
ACH-209 9/9/24 California Public Employees' Retirement
System
8,732.19 CalPERS Contribution 8/11/2024-8/24/2024 General Fund 100 9/9/24 California Public Employees' Retirement
System
892.91 CalPERS Contribution 8/11/2024-8/24/2024 Gas Tax Fund 212 9/9/24 California Public Employees' Retirement
System

89.30 CalPERS Contribution 8/11/2024-8/24/2024 Proposition A Fund 221 9/9/24 California Public Employees' Retirement
System
306.66 CalPERS Contribution 8/11/2024-8/24/2024 Proposition C Fund 222 9/9/24 California Public Employees' Retirement
System
124.32 CalPERS Contribution 8/11/2024-8/24/2024 Measure R Fund 224 9/9/24 California Public Employees' Retirement
System
343.14 CalPERS Contribution 8/11/2024-8/24/2024 Measure M Fund 225 9/9/24 California Public Employees' Retirement
System
658.29 CalPERS Contribution 8/11/2024-8/24/2024 CDBG 243 9/9/24 California Public Employees' Retirement
System

22.92 CalPERS Contribution 8/11/2024-8/24/2024 Street Lighting Fund 251 9/9/24 California Public Employees' Retirement
System
423.55 CalPERS Contribution 8/11/2024-8/24/2024 Local Fiscal Recovery Fund
273
9/9/24 California Public Employees' Retirement
System
305.71 CalPERS Contribution 8/11/2024-8/24/2024 Successor Agency Fund
611
ACH-210 9/17/24 California Public Employees' Retirement System
8,806.35 CalPERS Contribution 8/25/2024-9/7/2024 General Fund 100 9/17/24 California Public Employees' Retirement
System
813.13 CalPERS Contribution 8/25/2024-9/7/2024 Gas Tax Fund 212 9/17/24 California Public Employees' Retirement
System

89.30 CalPERS Contribution 8/25/2024-9/7/2024 Proposition A Fund 221 9/17/24 California Public Employees' Retirement
System
283.83 CalPERS Contribution 8/25/2024-9/7/2024 Proposition C Fund 222 9/17/24 California Public Employees' Retirement
System
128.47 CalPERS Contribution 8/25/2024-9/7/2024 Measure R Fund 224 9/17/24 California Public Employees' Retirement
System
271.86 CalPERS Contribution 8/25/2024-9/7/2024 Measure M Fund 225 9/17/24 California Public Employees' Retirement
System
726.04 CalPERS Contribution 8/25/2024-9/7/2024 CDBG 243 9/17/24 California Public Employees' Retirement
System

22.92 CalPERS Contribution 8/25/2024-9/7/2024 Street Lighting Fund 251 9/17/24 California Public Employees' Retirement
System
423.55 CalPERS Contribution 8/25/2024-9/7/2024 Local Fiscal Recovery Fund
273
9/17/24 California Public Employees' Retirement
System
292.98 CalPERS Contribution 8/25/2024-9/7/2024 Successor Agency Fund
611
ACH-211 9/27/24 Automatic Data Processing 559.90 ADP Payroll Fees Sept 2024 General Fund 100 ACH-212 9/30/24 Colonial Life 90.12 Colonial Life Sept 2024 General Fund 100

Check
NO.

Prepaids
(P) Date Name Check Amount Description Fund Title Fund # ACH-213 9/30/24 California Public Employees' Retirement System
8,684.85 CalPERS Contribution 9/8/2024-9/21/2024 General Fund 100 9/30/24 California Public Employees' Retirement
System
893.56 CalPERS Contribution 9/8/2024-9/21/2024 Gas Tax Fund 212 9/30/24 California Public Employees' Retirement
System

89.30 CalPERS Contribution 9/8/2024-9/21/2024 Proposition A Fund 221 9/30/24 California Public Employees' Retirement
System
305.91 CalPERS Contribution 9/8/2024-9/21/2024 Proposition C Fund 222 9/30/24 California Public Employees' Retirement
System
130.57 CalPERS Contribution 9/8/2024-9/21/2024 Measure R Fund 224 9/30/24 California Public Employees' Retirement
System
288.83 CalPERS Contribution 9/8/2024-9/21/2024 Measure M Fund 225 9/30/24 California Public Employees' Retirement
System
696.43 CalPERS Contribution 9/8/2024-9/21/2024 CDBG 243 9/30/24 California Public Employees' Retirement
System

22.92 CalPERS Contribution 9/8/2024-9/21/2024 Street Lighting Fund 251 9/30/24 California Public Employees' Retirement
System
423.56 CalPERS Contribution 9/8/2024-9/21/2024 Local Fiscal Recovery Fund
273
9/30/24 California Public Employees' Retirement
System
322.59 CalPERS Contribution 9/8/2024-9/21/2024 Successor Agency Fund
611
Total ACH and Warrant Registers 1,775,414.08
9/26/24 Payroll Transfer 68,343.11 Payroll Pay Period 9/8/2024 - 9/21/2024 Various Funds 10/10/24 Payroll Transfer 67,561.78 Payroll Pay Period 9/22/2024 - 10/5/2024 Various Funds Total ACH, Warrant Registers and Payroll Transfer 1,911,318.97

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 8.

DATE: October 23, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: ROXANNE DIAZ, CITY ATTORNEY
SUBJECT: CONSIDERATION OF APPROVAL OF A POSSESSION AND USE AGREEMENT WITH EL POLLO LOCO, INC., A DELAWARE CORPORATION, AUTHORIZING CITY

TO POSSESS AND USE CERTAIN REAL PROPERTY INTERESTS FOR PUBLIC

PURPOSES IN CONNECTION WITH THE SLAUSON AVENUE AND ATLANTIC

BOULEVARD CONGESTION RELIEF IMPROVEMENTS PROJECT (ASSESSOR PARCEL NUMBERS 6313-010-001, 6313-010-002, 6313-010-003 & 6313-010-030) RECOMMENDATION:

It is recommended that the City Council take the following actions:

1. Approve the attached Possession and Use Agreement Slauson Avenue and Atlantic Boulevard Congestion Relief Improvements (Pollo Loco, APNs 6313-010-001, 6313-010-002, 6313-010-003 & 6313-010-030).

2. Authorize the City Manager to execute the Possession and Use Agreement in substantially the form attached. A copy of the final executed Possession and Use Agreement shall be placed on file in the Office of the City Clerk. The City Manager (or the City Manager’s designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Agreement, and to administer the City’s obligations, responsibilities and duties to be performed under the Agreement, including but not limited to, execution of any escrow instructions and escrow-related documents, directions to the Finance Department to deposit with escrow the Compensation Amount set forth in the Possession and Use Agreement and escrow-related costs, and other similar agreements and documents as contemplated by or described in said Agreement or as necessary and convenient to effectuate the transaction contemplated therein.

BACKGROUND:

The City needs to acquire certain real property interests from four larger parcels to construct the Slauson Avenue and Atlantic Boulevard Congestion Relief Improvements (“Project”). The City seeks to construct the Project to alleviate congestion, increase capacity, and improve traffic flow operation within the Slauson Avenue Corridor in the City of Maywood. The level of service at the intersection of Slauson Avenue and Atlantic Boulevard (“Slauson/Atlantic intersection”) is deficient due to heavy demand of eastbound left-turning vehicles traveling to the I-710 onramp on Atlantic. This results in negative impacts to Slauson Avenue. The City seeks to improve circulation at Slauson/Atlantic intersection by adding a second left turn lane on eastbound Slauson Avenue, a second left turn lane on northbound Atlantic Boulevard, and other improvements that upgrade traffic signals along Slauson Avenue to enhance pedestrian and traffic safety. Further, the County of Los Angeles

Department of Public Works will also upgrade all signalized intersections along Slauson Avenue to synchronize the traffic signals and include protected left turn phases to improve operations.

As part the Project, the City will also close the mid-block median opening along Slauson Avenue to provide a longer eastbound dual left turn storage pocket and eliminate the conflicting left turn movements to and from the Food4Less commercial center. The City plans to reduce the width of the existing median islands along the east and west legs of Slauson Avenue and north leg of Atlantic Boulevard and remove the existing median along the south leg of Atlantic Boulevard of the intersection to accommodate the dual left turn lanes. The existing landscaping/trees, utilities and City entry monument signs within these median islands would be removed or relocated. In addition, the City plans to construct new curb returns at all four quadrants of the Slauson/Atlantic Boulevard intersection. Further, the City plans to restripe lanes and the crosswalks to accommodate the new intersection geometries and lane configurations at the Slauson/Atlantic intersection.

DISCUSSION:

Possession and Use Agreement
The City Council has before it a Possession and Use Agreement Slauson Avenue and Atlantic Boulevard Congestion Relief Improvements (Pollo Loco Parcel, APNs 6313-010-001, 6313-010-002, 6313-010-003 & 6313-010-030) (“Possession and Use Agreement”) Between El Pollo Loco Inc., a Delaware corporation (“Owner”) and the City. Pursuant to the Possession and Use Agreement, Owner is authorizing the City to possess and use an approximate 100 square foot permanent easement (“Subject Easement”) and an approximate 636 square foot temporary construction easement with a term of 12 months (“TCE”) on the property located at 4501 Slauson Avenue in the City of Maywood, and identified as Los Angeles County Tax Assessor’s Parcel Numbers 6313-010-001, 6313-010-002, 6313-010-003 & 6313-010-030 in connection with the Project.

The Possession and Use Agreement recognizes that the City obtained an independent appraisal of the Subject Easement and TCE and any improvements impacted by the Project that estimated the total just compensation was $33,200 based on a date of value of December 20, 2023. The City extended a written offer to purchase the Subject Easement and TCE for $33,200. As of the date of the Possession and Use Agreement, the Owner has not accepted the City’s offer. Owner, however, wishes to authorize the City to possess and use the Subject Easement and TCE to commence construction of the Project.

The Possession and Use Agreement provides to the City, its contractors, agents, representatives, employees and all others reasonably deemed necessary by City, an irrevocable right to possession, use and occupancy of the Subject Easement and TCE, including but not limited to, the right to conduct any hazardous materials testing required by City; the right to remove and dispose of any and all improvements within the areas of the Subject Easement and TCE; and the right to construct the Project in the areas of the Easement and to use the TCE to facilitate the construction of the Project. In consideration for such grant of possession and use, the City will deposit in an escrow with Commonwealth Land Title the $33,200 (Compensation Amount) offered as the Purchase Price by the City based on an independent appraisal. The deposit is deemed equivalent to the deposit of probable condemnation in an eminent domain proceeding pursuant to Code of Civil Procedure Section 1255.010. Owner is authorized to withdraw the Compensation Amount and such withdrawal constitutes a waiver of all claims and defenses in any eminent domain proceeding for the acquisition of the Subject Property Interests, except for a claim for greater compensation, consistent with Code of Civil Procedure Section 1255.260.

Under the Possession and Use Agreement, the 12-month term would commence 30 calendar days from the date the City or its authorized representative provides Owner with written notice of the City’s intent to commence its use of the TCE. It would terminate 12 months from the commencement date. The City is required to leave the TCE area in as close as possible to the condition in which the TCE existed at the commencement date. The Possession and Use Agreement provides that the City will fence off the portion of the TCE located adjacent to the restaurant’s drive-through during construction of the Project at the Property.

The Possession and Use Agreement further provides that the City coordinate the partial reconstruction of the driveway along Slauson Avenue with Owner to ensure that access to the Property is maintained. Owner acknowledges and agrees that during such partial closure of the driveway along Slauson Avenue, egress from the Property will take place off of the driveway along Atlantic Boulevard to allow the concrete in the

reconstructed driveway area to cure. The City’s contractor for the Project will complete the construction of the driveway along Slauson Avenue during a three-day construction period between the hours of 8:00 p.m. and 6:00 a.m. The City will ensure that at least half of the driveway along Slauson Avenue will remain open at all times during the three-day construction period. The City agrees to coordinate the reconstruction of the driveway with Owner. The City agrees not to store construction equipment within the TCE area overnight. The City further agrees that any work conducted in the TCE area will be performed in a good and workmanlike manner. Owner acknowledges that the Compensation Amount includes the compensation included in the City’s offer, which may include compensation for the site improvements impacted by City’s use of the TCE area for the Project as determined by City’s independent appraiser or if it does not include such compensation for certain impacted site improvements, the City will replace any such impacted site improvements that are damaged in connection with the Project but not included in the compensation with material of like kind and quality. The monument sign at the corner of Slauson Avenue and Atlantic Boulevard is located within the TCE area. The monument sign will be protected in place and will remain visible and operational in its present condition for the duration of the Project construction and thereafter.

The Possession and Use Agreement provides that the parties will continue to negotiate in good faith for the City’s purchase of the Subject Easement and TCE. If the parties are not successful in negotiating the purchase of said property interests, the City may adopt a resolution of necessity authorizing the condemnation of the Subject Easement and TCE. The Possession and Use Agreement provides that in any such eminent domain proceeding, the Owner will not challenge the right to take and the only issue will be the amount of just compensation.

Environmental Analysis
The environmental effects of the Project and the acquisition of the real property interests needed for the Project were studied and analyzed as an integral part of the Mitigated Negative Declaration (“MND”) prepared for the Project pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. (“CEQA Guidelines”).

The City, as lead agency for the Project, prepared an initial study in accordance with the requirements of CEQA. Based on the findings of the IS, a MND, and a Mitigation Monitoring and Reporting Program (“MMRP”). The MND and MMRP concluded that the Project, with proposed mitigation measures, would not have a significant effect on the environment.

The IS, MND, and MMRP (collectively “Environmental Documents”) were released for a 30-day public comment period from February 21, 2024 until March 21, 2024 in accordance with the requirements of CEQA.

The Environmental Documents were also posted with the State Clearinghouse, Los Angeles County Clerk’s Office, and on the City’s website. The City received one comment letter on the Environmental Documents regarding the proposed Project from the California Department of Transportation (Caltrans). The City prepared and provided a response to the comment letter. No additional CEQA correspondence was received during the public review period. The response to the comment is incorporated into the Final MND.

At its meeting on March 27, 2024, the City adopted Resolution No. 6342, A Resolution of the City Council of the City of Maywood California, Adopting a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program Pursuant to the Environmental Quality Act for the Slauson Avenue and Atlantic Boulevard Congestion Relief Improvement Project. In adopting Resolution No. 6342, the City Council found that all of the facts set forth in the Recitals to Resolution No. 6342 are true and correct, and incorporated said Recitals into the Resolution.

In adopting Resolution No. 6342, the City Council also found, in its independent judgment after considering all the evidence in the record of proceedings for the Project, including without limitation the MND and testimony, if any, presented at the public meeting, that: (i) the MND was prepared in compliance with CEQA; (ii) the Project will not result in a significant effect on the environment because the mitigation measures described in the MMRP are incorporated as part of the Project; and (iii) there is no substantial evidence supporting a fair argument that the Project would result in any significant environmental impacts that cannot be mitigated to a less than significant level through implementation of those mitigation measures identified in the MND and included in the MMRP. Accordingly, the City Council found that the Project will not cause a significant unmitigated environmental effect. Further, in adopting Resolution No. 6342, the City Council also found that

the MMRP was prepared pursuant to the requirements of CEQA and that such program is designed to ensure compliance with the mitigation measures during Project implementation.

On August 19, 2024, City Staff reviewed Resolution No. 6342 and the Environmental Documents in connection with the City’s review of the proposed acquisition of the real property interests needed for the Project, including the Subject Property Interests, and determined that the Project and acquisition of the Subject Property Interests are consistent with the MND and MMRP. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under with the Project is undertaken and the City has not obtained any new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests for the Project, including the Subject Easement and TCE.

LEGAL REVIEW:

The City Attorney provided this report.

FISCAL IMPACT:

The Compensation Amount for the Subject Easement and TCE is $33,200 and escrow fees to not exceed $20,000. Funding for this project is included in the City's approved Capital Improvement Program budgeted of $7,082,500 (Grants Fund, 261) which is fully funded through grants.

ATTACHMENT(S)

1. El Pollo Loco Possession and Use Agreement signed by Owner

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POSSESSION AND USE AGREEMENT

SLAUSON AVENUE AND ATLANTIC BOULEVARD

CONGESTION RELIEF IMPROVEMENTS
(EL POLLO LOCO. APNS 6313-010-001.6313-010-002.613-010-003. & 6313-010-030) This POSSESSION AND USE AGREEMENT SLAUSON AVENUE AND ATLANTIC

BOULEVARD CONGESTION RELIEF IMPROVEMENTS (EL POLLO LOCO PARCEL, APNS 6313-010-001, 6313-010-002, 613-010-003, & 6313-010-030) ("Agreement") is made and entered into by and between City of Maywood, a California municipal corporation ("CITY"), and El Pollo Loco Inc., a Delaware corporation ("OWNER"), with reference and respect to the "Recitals" set forth in paragraphs A through E below. CITY and OWNER are sometimes individually referred to herein as "Party'' and collectively as "Parties". The Parties hereto have executed this Agreement on the dates set forth below next to their respective signatures. This Agreement is effective when it is fully executed by the Parties ("Effective Date"). CITY shall confirm the Effective Date to OWNER as the later of the date indicated on the signature page below that (i) this Agreement has been approved as to form, executed and dated by CITY and (iD OWNER has executed and dated this Agreement. OWNER hereby agrees that if OWNER has not dated this Agreement at the time OWNER delivers the same to CITY, then CITY may date the same as of the date of delivery, and/or receipt.

RECITALS
A. OWNER is the record owner of that certain real property located at 4501 Slauson Avenue in the City of Maywood, and identified as Los Angeles County Tax Assessor's Parcel Numbers 63I3-010-001,6313-010-002,6I3-010-003, and 6313-010-030 ("Property'').

B. On May 6,2024, CITY made a written offer to OWNER pursuant to Government Code Section7267 .2 ("Offer") to purchase certain property interests described in Recital C from the Property in connection with the proposed Slauson Avenue and Atlantic Boulevard Congestion Relief Improvements ("Project"). The Project will relieve congestion along the Slauson Avenue Corridor, increase capacity, and improve traffic flow operation. Planned improvements include widening the intersection and adding eastbound and northbound left-turn lanes.

C. The real property interests CITY seeks to acquire from the Property are described below and are referred to below collectively as "Subject Property Interests":
(i) Permanent Easement. An approximate 100 square foot permanent easement described more particularly on EXHIBIT "A" and EXHIBIT "B" hereto ("Easement") hereto, including any improvements thereon, for public use in connection with the construction of the Project, including right of way, public sidewalk, and related improvements. The Permanent Easement excludes the monument sign at the corner of Slauson Avenue and Atlantic Boulevard. (ii) Temporary Construction Easement. An approximate 636 square foot temporary construction easement with a term of 12 months described more particularly on EXHIBIT "A-1" and EXHIBIT "B-1" ("TCE") hereto to facilitate CITY's construction of the Project. The monument sign at the corner of Slauson Avenue and Atlantic Boulevard is located within the Temporary Construction Easement area. The monument sign will be protected in place I
2959807v4

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D. CITY offered to purchase the Subject Property Interests for the sum of $33,200.00, which is the fair market value opinion of CITY's appraiser based on a date of value of December 20, 2023 ("appraisal").

E. As of the date of this Agreement, the OWNER has not accepted CITY's Offer to purchase the Subject Property Interests.

F. CITY has informed OWNER that any delay in the start of construction of the Project is contrary to public interest.

G. Accordingly, the Parties have agreed to enter into this Agreement to allow CITY to proceed with construction of the Project and to authorize CITY's possession and use of the Subject Property Interests.

OPERATTVE PROVISIONS
Now, therefore, in consideration of CITY's payment to OWNER as set forth in this Agreement and in consideration ofthe foregoing recitals and mutualpromises, covenants and other conditions set forth herein, CITY and OWNER agree as follows;

1. RIGHT

1.1 OWNER grants to CITY and its contractors, agents, representatives, employees and all others reasonably deemed necessary by CITY, the irrevocable right to possession, use and occupancy of the Subject Property Interests, including but not limited to, the right to conduct anyhazardous materials testing required by CITY; the right to remove and dispose of any and all improvements within the areas of the Subject Property Interests, subject to the limitations described in Recital C (i) and (ii), above; and the right to construct the Project in the areas of the Easement and to use the TCE to facilitate the construction of the Project, subject to the limitations described in Recital C (i) and (ii), above.

1.2 CITY shall have the right to possess, occupy and use the Subject Property Interests fourteen (14) calendar days after it mails written notice to the OWNER of CITY's intent to possess and use said property interests for the construction of the Project ("Commencement Date"). The 14th calendar day after CITY mails the written notice to the OWNER of the CITY's intent to possess and use the Subject Property Interests is referred to below as the "Effective Date of Possession."

1.3 CITY agrees to keep OWNER notified of the status of the construction impacting the Subject Property Interests. In the event that OWNER has concerns during the construction of the Project on the Property, OWNER may contact CITY's Project Manager, Mohammad Mostahkami, at (949) 402-5903 or by electronic mail at [email protected]. If any concerns of OWNER are not addressed expeditiously by CITY's Project Manager, CITY will meet with OWNER as soon as reasonably 2 2959807v4

uuuusrgll EllveluPu ru, Y+vuYJno-vuJU-+Yvo-nqYE-, lEo lAJ, Eouz possible to address OWNER's concerns. In the event that OWNER needs to contact the CITY, OWNER may contact CITY's counsel for the Project.

2. AND APPRAIS OWNER acknowledges that CITY
extended to OWNER a written offer to purchase the Subject Property Interests for the sum of $33,200.00 ("Compensation Amount"), which is the total compensation set forth in CITY's independent appraisal. The Parties agree that CITY's deposit of the Compensation Amount into an escrow account pursuant to this Agreement shall be equivalent to a deposit and payment under California Code of Civil Procedure Section 1255.010 and that the basis for such deposit and payment, including but not limited to any appraisal, shall be governed by Code of Civil Procedure Section 1255.060. Accordingly, the Parties agree that the Compensation Amount may not be admissible as evidence in any trial on the issue of compensation and further agree that any appraiser who prepared CITY's independent appraisal report or any statement concerning the deposit of the Compensation Amount into escrow may not be called to testify at any such trial on the issue of compensation unless the CITY designates said appraiser as its expert witness.

3.1 CITY agrees to open an escrow with Commonwealth Land Title (4400 MacArthur Blvd., Suite 800, Newport Beach, California 92660)("Subject Escrow") in connection with CITY's proposed purchase of the Subject Property Interests within five (5) business days of the Effective Date of this Agreement. CITY will provide to OWNER the escrow number as soon as it is available. CITY shall deposit the Compensation Amount into the Subject Escrow within fifteen (15) business days of the Effective Date of this Agreement.

3.2 In consideration for OWNER's irrevocable grant to CITY of possession and use of the Subject Property Interests, CITY will consent to the OWNER's withdrawal and release of the Compensation Amount from the Subject Escrow as set forth in this Agreement. OWNER agrees to provide written notice to CITY when it requests the withdrawal of the Compensation Amount from the Subject Escrow. OWNER's withdrawal from the Subject Escrow of any portion of the Compensation Amount shall constitute the OWNER's waiver, by operation of law, of all claims and defenses in any eminent domain proceeding for the acquisition of the Subject Property Interests, except for a claim for greater compensation, consistent with Code of Civil Procedure Section 1255.260. The payment and withdrawal from the Subject Escrow of any portion of the Compensation Amount shall be credited to CITY in relation to the final compensation amount that CITY pays pursuant to any negotiated agreement or settlement between the Parties for CITY's acquisition of the subject property interests, or stipulated judgment, award or verdict of just compensation in an eminent domain proceeding filed by CITY to acquire the Subject Property Interests.

4. LIENS AND ENCUMBRANCES. OWNER represents that title to the approximate 100 square foot Easement is free and clear of all liens and encumbrances or that OWNER will obtain proper releases from Parties that have valid liens or encumbrances against said Easement area before OWNER withdraws any portion of the Compensation Amount from the Subject Escrow. If OWNER is not able to obtain such releases, OWNER will cooperate with CITY to obtain through Escrow proper releases from Parties that have valid liens or encumbrances against the Easement.

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4.I Partial Reconveyance or Subordination of Deed(s) of Trust. OWNER agrees to obtain apartialreconveyance, if required by law or contract, or subordination of deed(s) of trust from the beneficiary or beneficiaries of any deed(s) of trust recorded against the Property so that CITY's interest in the approximate 100 square foot Easement is free and clear of any mo netary encumbrances.

4.2 Consents to Possession and Use Agreement by Lessees of Property.

OWNER covenants and agrees that this Agreement is intended to govern the relations and claims of OWNER as both owner of the Property and as the operator of a quick service restaurant on the PROPERTY. This Agreement does not purport to resolve the claims, if any, of other neighbors who are tenants of the shopping center whereat the Property is located.

5. TEMPORARYCONSTRUCTIONEASEMENT

5.1 Term. CITY's use of the approximate 636 square foot TCE will commence on the Effective Date of Possession as defined above in Operative Provision 1.b. The term of the TCE is for 12 months from the Effective Date of Possession. The TCE will expire on the earlier of (i) 12 months from the Effective Date of Possession, or (ii) the date on which CITY records a Notice of Termination of the TCE in the Official Records of the County of Los Angeles and provides written notice to OWNER of same if a Grant of Temporary Construction Easement was previously recorded against the Property by the Parties in the Official Records of the County of Los Angeles. Upon the expiration of the TCE as provided above, CITY agrees to take such actions as reasonably required to evidence and give effect to the extinguishment of the TCE and the relinquishment of CITY's rights and interests in the TCE pursuant to this Agreement.

5.2 Improvements in Area of the Temporary Construction Easement. CITY agrees that any work done in the area comprising the approximate 636 square foot TCE will be performed in a good and workmanlike manner. OWNER acknowledges that the Compensation Amount purports to include the compensation included in the CITY's offer, which may include compensation for the improvements impacted by CITY's use of the TCE area for the Project as determined by CITY's independent appraiser or if it does not include such compensation, the City will replace any such improvements that are damaged in connection with the Project with material of like kind and quality. The Compensation Amount is for reference purposes only and is not a limitation on the ultimate compensation amount that may be awarded or negotiated, as set forth in this Agreement.

5.3 Use of Temporary Construction Easemenf. The Parties agree that the CITY'S use of the approximate 636 square foot TCE on the Property is subject to the following terms:

5.3.1 Access to Property. CITY will ensure that access to the Property is maintained at all times during construction to minimize the impact of the construction of the Project on the Property in accordance with Operative Provision 5.3.3 below, subject to the limitations set forth in Recital C (i) and (ii).

5.3.2 Fence Between Temporary Construction Easement and Drive Through. CITY agrees to fence off the portion of the TCE located adjacent to the restaurant's 4 295980'7v4

uuuustgil EilvcluPc lu. v+vovJno-voJu-+vvD-A+vE-, I ED t AJ t Eovz drive-through during construction of the Project at the Property to minimize the impact of construction on the drive-through, subject to the limitations set forth in Recital C (i) and (ii).

5.3.3 Partial Reconstruction of Driveway. CITY will coordinate the partial reconstruction of the driveway along Slauson Avenue with OWNER to ensure that at least one half of the driveway along Slauson Avenue remains open at all times to ensure that access to the Property is maintained. OWNER acknowledges and agrees that during such partial closure of the driveway along Slauson Avenue, egress from the Property will take place off of the driveway along Atlantic Boulevard to allow the concrete in the reconstructed driveway arca to cure.

5.3.4 Hours of Construction. A partial reconstruction of the driveway along Slauson Avenue at the Property is required for the Project. CITY will ensure that the partial reconstruction of the driveway along Slauson Avenue will take place during a three-day construction period between the hours of 8:00 p.m. and 6:00 a.m. CITY will ensure that at least half of the driveway along Slauson Avenue will remain open at all times during the three-day construction period. City shall coordinate the reconstruction of the driveway with Owner.

5.3.5 Construction Equipment. CITY agrees not to store construction equipment within the TCE area overnight.

6. INDEMNIFICATION & LIEN WAIVERS.

6.I CITY, to the maximum extent allowed by law, will indemnify, defend and hold OWNER harmless from and against any and all claims, liabilities, damages, losses, costs and expenses of any kind or nature whatsoever (including, without limitation, attorneys' fees and expenses and court costs) suffered, incurred or sustained by OWNER as a result ofthe CITY's use of the Subject Property Interests in connection with the construction of the Project.

6.2 Upon receipt of a written request from OWNER, CITY will provide OWNER with lien waivers following completion of the construction of the Project from each and every contractor, subcontractor, supplier, engineer, architect and surveyor who might have lien rights as a result of CITY's use and possession of the Subject Property Interests. Such lien waivers will be in the form and substance reasonably satisfactory to OWNER and its counsel, if any. To the extent permitted by applicable law, CITY hereby indemnifies OWNER from and against any claims or demands for payment, or any liens or lien claims made against OWNER or the Property as a result of CITY's use of the Subject Property Interests in connection with the Project. 7 OF EASEMENT From and after the
Effective Date, and through the expiration of the TCE, as provided in Paragraph 5.1 of this Agreement, any sale, assignment, encumbrance or other transfer of all or any portion of the Subject Property Interests by OWNER shall be subject to this Agreement. OWNER agrees that any agreement to sell, assign, encumber or transfer all or any portion of the Subject Property Interests to a third-party will include that such sale, assignment, encumbrance or transfer is subject to this Agreement. OWNER agrees that it shall notify the CITY within fifteen (15) business days of any sale, assignment, encumbrance or transfer and confirm that OWNER has complied with this Operative Provision 7.
5 2959807v4

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8. EMINENT DOMAIN.

8.1 The Parties acknowledge that CITY is authorized to acquire real property by eminent domain for a public use, including for public street and drainage purposed and all uses necessary or convenient thereto pursuant to the authority conferred upon CITY by Constitution Articte 1, Section 19, Government Code Sections 37350,37350.5,3735t,40401,and40404,and California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.320, 1240.330, 1240.510, 1240.610, 1240.650 and by other provisions of law. The Parties further acknowledge that the City Council, as the CITY's governing body, has sole discretion to make the findings required by Code of Civit Procedure Section 1240.030 for the adoption of a resolution of necessity pursuant to the Eminent Domain Law. (Code of Civil Procedure Section 1245.220). If OWNER and the CITY do not reach a negotiated agreement for CITY's purchase of the Subject Property Interests, CITY staff will recommend to the City Council that it consider the adoption of a resolution of necessity authorizing the initiation of eminent domain proceedings to acquire the Subject Property Interests in accordance with the Eminent Domain Law. Under the Eminent Domain Law, the City Council has the exclusive and sole discretion to adopt a resolution of necessity. The adoption of any such resolution of necessity would require CITY's compliance with applicable law, including Government Code Section7260, et seq. and the Eminent Domain Law.

8.2 This Agreement is made with the understanding that CITY and OWNER will continue to negotiate in good faith to reach an agreement on CITY's acquisition ofthe Subject Property Interests by negotiated acquisition. This Agreement shall continue in effect until either a negotiated agreement for the purchase of the Subject Property Interests is reached and said property interests are transferred to CITY through escrow or a Final Order of Condemnation under Code of Civil Procedure Section 1268.030 is entered by the court and recorded by CITY.

8.3 The Parties agree and acknowledge that in the event CITY and OWNER do not reach a negotiated settlement in connection with CITY's acquisition of the Subject Property Interests within 180 days of the Effective Date of this Agreement, CITY may commence an eminent domain proceeding. OWNER reserves all of its rights regarding the payment of just compensation in any such eminent domain proceeding. OWNER, however, agrees not to object to CITY's filing of any such eminent domain proceeding to acquire the Subject Property Interests by eminent domain. In any such proceeding, OWNER will not challenge CITY's right to take or assert that CITY's use of the Subject Property Interests for the construction of the Project is an unlawful taking. The OWNER agrees that the only issue in any such proceeding will be the amount of just compensation that CITY will pay for the Subject Property Interests, including, but not limited to any claims for cost-to-cure damages, severance damages, loss of business goodwill, if any, and the fair market value of the Subject Property Interests.

8.4 If CITY fails to file an eminent domain proceeding within 360 days of the Effective Date of the Agreement and the Parties have not reached a negotiated agreement for the CITY's purchase of the Subject Property Interests, then OWNER shall be entitled to file an inverse condemnation proceeding. CITY agrees that in any such inverse condemnation proceeding under this Operative Provision 8.4, the only issue shall be the amount of just compensation owed by CITY to OWNER and CITY shall not challenge liability. This provision, however, does not 6 2959807v4

uuuubrgil EilvEluPU ru. J+YUYJ^O-V9yU-+yVD-^+VE-t I EO tAJ I EOVZ impact CITY's rights on the issue of liability for precondemnation damages or to dispute OWNER's entitlement to such damages in any such inverse condemnation proceeding.

9. DATE OF VALUATION. The Parties agree that in any eminent domain proceeding filed by CITY to acquire the Subject Property Interests, the date of valuation for determining the amount ofjust compensation for the Subject Property Interests will be the date on which CITY files the Complaint in Eminent Domain.

10. INTEREST. If CITY files an eminent domain proceeding to acquire the Subject Property Interests, or absent that, if an inverse condemnation proceeding is filed, any compensation awarded in such proceeding shall draw interest as prescribed by California Code of Civil Procedure Section1268.310, et seq. The OWNER would be entitled to receive interest on any sum received as just compensation whether pursuant to this Agreement, a subsequent settlement or court judgment, beginning on the Effective Date of Possession described above in Operative Provision 1.2. and ending on the earliest of the dates as provided in Code of Civil Procedure Section 1268.320. The Parties, agree and acknowledge, however, that the interest on any portion of the Compensation Amount that is withdrawn by OWNER will end on the date on which OWNER withdraws such portion of the Compensation Amount from the Subject Escrow because OWNER is entitled to use said funds on the date of withdrawal. Interest shall accrue on the Compensation Amount from the date of deposit to the date of withdrawal as prescribed by California Code of Civil Procedure Section 1268.310, et seq.

11. MEMORANDUM OF POSSESSION AND USE. The Parties agree that CITY is authorized to record in the Official Records of the County of Los Angeles a Memorandum of Possession and Use Agreement in a form mutually acceptable to the Parties.

12. NOTICES DEMANDS. All notices or other communications required or permitted between the Parties hereunder shall be in writing, and shall be (i) personally delivered, (ii) sent by United States registered or certified mail, postage prepaid, return receipt requested, (iii) sent by facsimile transmission with confirmation of receipt, or (iv) sent by nationally recognized overnight courier service (e.g., Federal Express or United Parcel Service), addressed to the Party to whom the notice is given at the address(es) provided below, subject to the right of any Party to designate a different address for itself by notice similarly given. Any notice so given by registered or certified United States mail shall be deemed to have been given on the third business day after the same is deposited in the United States mail. Any notice not so given by registered or certified mail, such as notices delivered by personal delivery, facsimile transmission or courier service, shall be deemed given upon receipt, rejection or refusal of the same by the Party to whom the notice is given. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice or other communication sent.

To CITY City of Mayrvood
4319 E Slauson Avenue
Maywood, CA90270
Richards, Watson & Gershon
Attn.: Roxanne Diaz
7 2959807v4
Copy to

uuuustgil EllvcluPc lu. J+voJJno-uovu-+vvD-A{JE-l IED tAYI EOVZ 350 S. Grand Avenue, 37th Floor
Los Angeles, California 9007 |
Electronic Mail: [email protected]
To OWNER: El Pollo Loco Inc., a Delaware corporatlon
3535 Harbor Boulevard, Suite 100
Costa Mesa, California 92626
Attention:

Electronic mail:

Copy to John S. Peterson, Esq.

Peterson Law Group PC
19800 MacArthur Boulevard, Suite 290
Irvine, California 92612
Electronic Mail: [email protected]

13. MISCELLANEOUS

13.1 Counterparts; Copies. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Except as required for recordation, the Parties shall accept copies of signatures, including, without limitation, electronically transmitted (for example, by e-mail, facsimile, PDF or otherwise) signatures.

13.2 Captions. Any captions to, or headings of, the articles, sections, subsections , paragraphs, or subparagraphs or other provisions of this Agreement are solely for the convenience of the Parties, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision of this Agreement.

13.3 Exhibits. The Exhibits attached to this Agreement are hereby incorporated into this Agreement by this reference.

I3.4 Governing Law; Venue. This Agreement shall be construed in accordance with the laws of the State of California. Any and all legal actions brought to enforce or interpret the terms and provisions of this Agreement shall be commenced exclusively in the Superior Court of the County of Los Angeles.
1 3 .5 Successors and Assigns. This Agreement, and any right or obligation herein and therein, shall inure to the benefit of the successors and assigns of the Parties.

13.6 Ratification This Agreement is subject to the approval and ratification by the Buyer's governing body or its delegated representative.

13.7 Severability. If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected. 8 2959807v4

uuuultglr EilvtrtupE lu. v4YUvJno-vovu-+vvD-A+vE-, IED tAJt Eovz

13.8 Construction. This Agreement will be liberally construed to effectuate the intention of the Parties with respect to the transaction(s) described herein. In determining the meaning of, or resolving any ambiguity with respect to, any word, phrase or provision of this Agreement, neither this Agreement nor any uncertainty or ambiguity herein will be construed or resolved against either Party (including the Party primarily responsible for drafting and preparation of this Agreement), under any rule of construction or otherwise, it being expressly understood and agreed that the Parties have participated equally or have had equal opportunity to participate in the drafting thereof.

ISIGNATURES ON NEXT PAGE]
9 2959807v4

uuuustgll EllvcluPE lu, v+vovJAo-uovu-+vvD-n+vE-t IED tAJ t Eovz LO/L/2024
Date:

Date:

APPROVED AS TO FORM:
n Law
S. Peterson, Esq.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date(s) set forth below next to their respective signatures.

CITY:

City of Maywood
Date: By:

Jennifer Vasquez, City Manager
Attest
City Clerk
APPROVED AS TO FORM:

Roxanne M.Diaz, City Attorney
OWNER:

El Pollo Loco Inc., a Delaware corporatlon
signed by:

Sttal^*utt tsyiutsa
By:

General counsel
Title:

By:

Title:
2959807v4
10

uuuusrgil EilvctuPg tu, v+vuYJno-uovu-+vYD-n+vE-, I ED I AJ t Eovz $ Att

LEGAL DESCRIPTION OF PERMANENT RIGHT-OF-WAY EASEMENT

uuuuStgil EilvEruPE lu. v+vuvJAo-vovv-4vYD-A+YE-t I ED lnv/ EOUZ EXHIBIT 56A''

LEGAL DESCRIPTION
RIGHT.OF.WAY EASEMENT
LOT 1715, TRACT NO.4105, M.B.39/91

THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF MAYWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, BEING THAT PORTION OF LOT 1715 OF TRACT NO. 4105 AS SHOWN ON A MAP FILED IN BOOK 39, PAGE 91 OF MAPS IN THE

OFFICE OF THE COUNTY RECORDER OF SAID LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF ATLANTIC

BOULEVARD WITH THE CENTERLINE OF SLAUSON AVENUE AS SHOWN ON PARCEL MAP NO. 20203, FILED IN BOOK 242,PAGES 43 AND 44 OF PARCEL MAPS IN SAID OFFICE OF THE COUNTY RECORDER;

THENCE ALONG SAID CENTERLINE OF ATLANTIC BOULEVARD
NORTH 07"25'58" EAST 71.62 FEET;
THENCE LEAVING SAID CENTERLINE, AT A RIGHT ANGLE, SOUTH 82"34'02'' EAST

45.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF ATLANTIC BOULEVARD AS DESCRIBED IN A DOCUMENT RECORDED OCTOBER 7, 1926 IN BOOK 4]07 , PAGE 151 OF OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER,

SAID POINT BEING THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE

BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 27 .OO FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 75OI4'28" WEST;
THENCE ALONG SAID CURVE SOUTHEASTERLY 1 1.58 FEET THROUGH A CENTRAL ANGLE OF 24"34' 18" TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 42.00 FEET, A RADIAL LINE OF SAID CURVES TO SAID POINT BEARS SOUTH 50"40'10'' WEST; THENCE ALONG SAID CURVE SOUTHEASTERLY 11.82 FEET THROUGH A CENTRAL ANGLE OF 16"07'27" TO A POINT ON THE NORTHERLY RIGHT.OF.WAY LINE OF SLAUSON AVENUE AS DESCRIBED IN A DOCUMENT RECORDED OCTOBER 15, 1925 IN BOOK 4500, PAGE 394 OF OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER;
THENCE NON-TANGENT FROM SAID CURVE, ALONG SAID NORTHERLY RIGHT-OFWAY LINE NORTH 82"54'32" WEST 16.13 FEET TO SAID EASTERLY RIGHT-OF-WAY LINE OF ATLANTIC BOULEVARD;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE NORTH 07"25'58" EAST 13.35 FEET TO THE TRUE POINT OF BEGINNING.

PAGE 1 OF 2

UUUUDI9I I El lVglUPE lU. V+YUJJ^O-VOVI/-4VVO-^+VE- I I ED t AJ I Eovz EXHIBIT *A"

LEGAL DESCRIPTION
CONTAINING 1OO SQUARE FEET, MORE OR LESS;

SUBJECT TO ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, RTGHTS, RIGHTS-OF-WAY, EASEMENTS AND OTHER MATTERS OF RECORD, IF ANY.

EXHIBIT "B'ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. 1U30/2023
GREGORY C. SEBOURN, P.L.S. 8395 DATE

STANTEC
38 TECHNOLOGY DRIVE, SUITE 2OO
IRVINE, CA926I8-5312
PN 2042639600
PLS 8395
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PAGE 2 OF 2

uuuusrgil EllvcluPE lu. v+vovJno-vovv-+vvD-AtYE-l IED t AJ t Eovz EXHIBIT "B"

DEPICTION OF PERMANENT RIGHT-OF-WAY EASEMENT

uuuubrgil EilvclupE lu. v+vgvJno-uovu-+vvo-A+vE-t lEo tAJt Eovz E'LY RIGHT_OF-WAY LINE OF ATLANTIC BLVN
REC. 10/07/1926 rN B00K +707/151, 0.R. \
POR. LOT 1715
TRACT NO. 4105
M.B. 3e/e1
N'LY RIGHT-OF_WAY LINE
OF SLAUSON AVE.

RECORDED 10/15/1e25
rN BooK 4500/384, o.R.
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c/L ssTH STREET
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N82'54'32"W 664.91'
P.0.c.

POR. LOT 1715
TRACT NO. 4105
M.B. 3s/e1

E'LY RIGHT-OF-WAY LINE
OF ATI.ANTIC BLVD.

RECoRDED 10/07/1926
rN B00K 4707/151, 0.R.
1OO+ SQ.FT
T. P.0. B.

N'LY -OF-WAY
POR.

LOT
1716
OF SLAUSON AVE.

RECoRDED 10/ls/1e25
tN BooK 4500/384, o.R.

EXHIBIT ''B''

EXHIBIT TO ACCOMPANY

LEGAL DESCRIPTION
Dole: I 113012023 Sheet I of I
PLAT
Right-of-Woy Eosement
Loi 1715, Troct No.4i05,
M.8.39/91
CONTAINING: IOO SQ. FT. t
Stantec Consulting Services lnc.
38 Technology Drive, Suite 200
lrvine, CA 92618-5312
(949) 923-6000
www.stantec.com
LS 6395
OStanbc c
PN 2042639600

uuuustgil EnvtrruPc lu, Y+vaYJno-uuYU-+Yvo-n+vE-t I ED t AJ t Eovz EXHIB 664-l rt

LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT

uuuusrgr r Et tvctuPts ru. v+vuuoAo-uovu-tvvD-AsvE-t I ED IAJ I Eovz EXHIBIT 664')

LEGAL DESCRIPTION

TEMPORARY CONSTRUCTION EASEMENT
LOTS 1715 & 1716, TRACT NO.4105, M.8.39/91

THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF MAYWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, BEING THOSE PORTIONS OF LOT 1715 AND LOT 17T6 OF TRACT NO. 4105 AS SHOWN ON A MAP FILED IN BOOK 39, PAGE 91

OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID LOS ANGELES COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF ATLANTIC

BOULEVARD WITH THE CENTERLINE OF SLAUSON AVENUE AS SHOWN ON PARCEL MAP NO. 20203, FILED IN BOOK 242,PAGES 43 AND 44 OF PARCEL MAPS IN SAID OFFICE OF THE COUNTY RECORDER;

THENCE ALONG SAID CENTERLINE OF ATLANTIC BOULEVARD
NORTH 07"25'58" EAST 71.62 FEET;
THENCE LEAVING SAID CENTERLINE, AT A RIGHT ANGLE, SOUTH 82"34'02" EAST

45.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF ATLANTIC BOULEVARD AS DESCRIBED IN A DOCUMENT RECORDED OCTOBER 7, T926IN BOOK 4]07 , PAGE 151 OF OFFICIAL RECORDS IN SAID OFFICE OF THE COLINTY RECORDER,

SAID POINT BEING THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE

BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 27.OO FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 75OI4'28" WEST;
THENCE ALONG SAID CURVE SOUTHEASTERLY 11.58 FEET THROUGH A CENTRAL ANGLE OF 24O34' 18'' TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 42.00 FEET, A RADIAL LINE OF SAID CURVES TO SAID POINT BEARS SOUTH 5OO4O'10'' WEST; THENCE ALONG SAID CURVE SOUTHEASTERLY 11.82 FEET THROUGH A CENTRAL ANGLE OF 16"07'27" TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SLAUSON AVENUE AS DESCRIBED IN A DOCUMENT RECORDED OCTOBER 15, 1925 IN BOOK 4500, PAGE 394 OF OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER;
THENCE NON-TANGENT FROM SAID CURVE, ALONG SAID NORTHERLY RIGHT-OFWAY LINE SOUTH 82O54'32" EAST 106.00 FEET; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 07"25'58" EAST

5.OO FEET TO A LINE PARALLEL WITH AND 5.OO FEET NORTHERLY OF SAID NORTHERLY RIGHT-OF-WAY LINE;
PAGE 1 OF 2

uuuu5tgil Eltvgruptr ru. v{JuJJno-vovv-+vJD-A+vE-, lEo tAYt Eovz EXHIBIT 66A'

LEGAL DESCRIPTION
THENCE ALONG SAID PARALLEL LINE NORTH 82"54'32" WEST 104.73 FEET TO THE

BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 37.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 36"22'50" WEST, SAID CURVE BEING CONCENTRIC WITH AND 5.OO FEET NORTHEASTERLY FROM FIRST SAID CURVE HAVING A RADIUS OF 42.00 FEET; THENCE ALONG SAID CONCENTRIC CURVE NORTHWESTERLY 9.23 FEET THROUGH A CENTRAL ANGLE OF T4"T7'20" TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADruS OF 22.00 FEET, A RADIAL LINE OF SAID CURVES TO SAID POINT BEARS SOUTH 5OO4O'10" WEST; THENCE ALONG SAID CURVE NORTHWESTERLY 9.43 FEET THROUGH A CENTRAL ANGLE OF 24"34'L8'';
THENCE NON-TANGENT FROM SAID CURVE NORTH 82"34'02" WEST 4.63 FEET TO SAID EASTERLY RIGHT-OF-WAY LINE OF ATLANTIC BOULEVARD;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE SOUTH 07"25'58" WEST 1.89 FEET TO THE TRUE POINT OF BEGINNING.

CONTAINING 636 SQUARE FEET, MORE OR LESS;

SUBJECT TO ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,

RTGHTS, RIGHTS-OF-WAY, EASEMENTS AND OTHER MATTERS OF RECORD, IF ANY EXHIBIT *B'ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. t1t30t2023
GREGORY C. SEBOURN, P.L.S. 8395 DATE

STANTEC
38 TECHNOLOGY DRTVE, SUITE 2OO
IRVINE, CA926T8-5312
PN 2042639600
PLS 8395
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PAGE 2 OF 2

uuuu5rgil EilvvruPc lu. v+vovono-uovu-+vYD-n+vE-l lEo tAJt Eovz EXHIBIT "B-1''

DEPICTION OF TEMPORARY CONSTRUCTION EASEMENT

uuuustgil Eilvvruptr tu, v+vuvJAo-uovu-+vvD-n+vE-, I Eo t AJ t covz / fi.t I tr)o / s-.tc I r\tr) I e=b -
E'LY RIGHT-OF-WAY LINE OF ATLANTIC BLVD.

REC. 10/07/1926 rN BOOK 4707/1s1, 0.R.
s1
o5
POR. LOT 1715
TRACT NO. 4105,

N'LY RIGHT-OF-WAY LINT OF
SLAUSON AVE. RECoRDED 10/15/1925
rN BooK 45oo/3S4, 0.R.

N82'54'32"W 10+.73'
_.-------.--
DETAIL

NOT TO SCALE
POR. LOT 1716
M.B. 3e/e1
N07'05'28"E

5.00'
T. P.0. B.
.-45.00
s1z34'02"E/,
F
lr) r/)
(o
tr) Na
1 6.13
PROPOSED R.O.W
636+ SQ.FI. 100.00'
43"W N82'54'32"W 105.00'
@
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(
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lalo
te. 7.13
O
C/L sBTH STREET
105.00'
NB2'54'32"W

SLAUSON AVENUE
N82'54'32"W 664.91 '
P.0.c.

30. N82'

SEE DETAIL
lr) r, HEREON
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T. P.0. B.

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s82'34'02"E
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POR. LOT 1715
TRACT NO. 4105
M.B. 3e/e1

E,LY RIGHT-OF-WAY LINE
OF ATLANTIC BLVD.

RECoRDED 10/07/1s26
rN B00K 4707/151, 0.R.

N,LY RIG _OF-WAY NE
6I SQ.FT.

PROPOSED R.O.W
POR.

LOT
1716
OF SLAUSON AVE.

RECORDED 10/15/1925
rN B00K 4s00/384, 0.R,
O$anbc Stantec Consulting Services lnc.
38 Technology Drive, Suite 200
lrvine, CA 92618-5312
(e49) 923-6000
www.stantec.com
LS 8395
c
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PN 2042639600
Temporory Construction
Eosement
Lots 1715 & \716,
Troct No. 4105, M.B. 39 191
CONTAINING: 636 SQ. FT. t

EXHIBIT ''B''

EXHIBIT TO ACCOMPANY

LEGAL DESCRIPTION
Dote: I 113012023 Sheet 1 of I
PLAT

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 9.

DATE: October 23, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: JERRY GOMEZ, PUBLIC WORKS SUPERINTENDENT
SUBJECT: CONSIDERATION OF AWARD OF A MAINTENANCE SERVICES FOR LANDSCAPED

AREAS OF PUBLIC FACILITIES AND STREET MEDIANS AGREEMENT WITH REVUELTAS LANDSCAPE INC. IN A TOTAL CONTRACT AMOUNT NOT-TOEXCEED $409,662.00 RECOMMENDATION:

It is recommended that the City Council award a Maintenance Services for Landscaped Areas of Public Facilities and Street Medians agreement to Revueltas Landscape, Inc. for a three-year term with two one-year optional extensions in the form approved by the City Attorney.

BACKGROUND:

The City’s Maintenance Services for Landscaped Areas of Public Facilities and Street Medians agreement with NorthStar Land Care ends November 1, 2024. The City completed the full term of the agreement which consist of three-year term with two one-year extension with NorthStar Land Care. NorthStar Land Care provided landscape maintenance at the amount of $117,975.00 yearly. NorthStar Land Care provided services at the following locations:

City Hall Complex - 4319 Slauson Avenue
Maywood Boxing Club - 4717 56th Street
Benito Juarez Park - 5515 Maywood Avenue
Riverfront Park - 5000 Slauson Avenue
Maywood Park - 4801 E. 58th Street
Pine Park - 5313 Pine Avenue
Pixley Park - 3626 E. 56th Street
Atlantic Blvd Street Medians - 52nd Place to Randolph Street

Slauson Avenue Street Medians - Los Angeles River to Downey Road Slauson Avenue Parkways - Los Angeles River to Alamo Avenue Public Works Yard - 5600 Heliotrope Avenue (every two months) Randolph Street - between Flora Avenue to District Boulevard (every two months) 5102 and 5110 District Boulevard (every two months)
4801 Slauson Avenue (every two months)
DISCUSSION:

On August 29, 2024, City staff released the Request for Proposals (RFP) for Maintenance Services for Landscaped Areas of Public Facilities and Street Medians. A total of four landscape and maintenance contractors submitted bids.

Contractors Monthly Rate Annual Rate
Revueltas Landscape, Inc. $10,345.00 $124,140.00
NorthStar Land Care $10,434.75 $125,217.00
Greenfield Landscaping and Maintenance, Inc $13,855.75 $166,269.00 Mariposa Landscapes Inc $12,529.00 $150,348.00
Upon review of the proposals, staff recommends moving forward with Revueltas Landscape Inc. Revueltas Landscape Inc. met and completed the criteria’s set in the Request for Proposal (RFP). Revueltas Landscape Inc. provided its organization information, references, approach of work, and license, Class C27 (Landscape Services) as required. Revueltas Landscape Inc. has provided services to the City since 2023. Revueltas Landscape Inc. refurbished the Dodger Dream Field and currently holds the maintenance contract for the baseball field at Maywood Park.

Revueltas Landscape Inc. has the ability to provide superior equipment and knowledgeable staff to perform all the required work. The monthly rate is for full-service landscaping, which includes plant replacement, irrigation repairs, aeration, fertilizer, and mulching. In addition, Revueltas Landscape Inc. will cover the cost for plant replacement, irrigation repairs, aeration, fertilizer, mulching and/or emergencies up to $500 per month during the term of this contract. Staff have been satisfied with the work conducted by Revuelta Landscaping Inc., including the quality of work and responsiveness to maintenance needs at Maywood Park's baseball field.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

The proposed monthly cost for Maintenance Services for Landscaped Areas of Public Facilities and Street Medians is $10,345, resulting in a yearly payment of $124,140. In addition, a contingency of $12,414 or 10% is recommended for additional services as needed by the City. Therefore, the total maintenance cost annually including the contingency is $136,554 and is not to exceed $409,662 over the three-year initial term.

For Fiscal Year 2024-25, maintenance services for landscaped areas are budgeted in the General Fund (Fund 100) at $69,100 and in Gas Tax (Fund 212) included with other contractual services of $250,000. Based on the estimated cost of $136,554 for the first year's maintenance services and compared to the budgeted amounts for FY 2024-25, staff do not anticipate additional appropriations.

ATTACHMENT(S)

1. RFP for Landscape Maintenance Services

2. City of Maywood - Revueltas - Proposal

3. Maywood- Maintenance Services Agreement

4. City of Maywod Cost Proposal Exhibit B

5. Maywood RFp additional Services

City of Maywood
Request for Proposals
for
Maintenance Services for Landscaped Areas of
Public Facilities and Street Medians
PROPOSALS MUST BE RECEIVED NO LATER THAN 4:00 PM,
September 25, 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: August 29, 2024
Attention: Jerry Gomez, Public Works Superintendent

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 landscape 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.

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:

1. Experience. The selected individual/Contractor should have extensive knowledge of landscape maintenance operations, specifically providing landscape maintenance for government agencies or municipalities.

2. Appropriate Licenses or Certifications. The individual or Contractor must obtain all required City of Maywood licenses and any other necessary licenses

3. Minimum Education: N/A

4. Insurance. The following are the legal and insurance requirements of the City of Maywood for the selected Contractor:
a) Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. b) Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:

1. Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

2. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. The policies of insurance shall be issued by an insurer admitted in the State of California and with a rating of at least B+;VII in the latest edition of Best’s insurance Guide.

5. Familiarity with Work. 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 Bidder 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.

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

EXPERIENCE
The Contractor shall have at a minimum five (5) years' experience in landscape services.

The scope of work consists of landscape maintenance at City Hall Complex, the Maywood Boxing Club, the City parks (except the Dodger Dreamfield), landscape street medians on Slauson Avenue and on Atlantic Boulevard, and the landscape parkways on Slauson

Avenue. The work consists of turf maintenance, irrigation system operation and maintenance, weeding, trash pickup and disposal, pesticide application, pruning of trees, shrubs and ground cover, and fertilization of turf, shrubs and trees.

Locations:

Atlantic Boulevard Landscaped Street Medians (52nd Place to Randolph Street) Benito Juarez Park (5515 Maywood Avenue)
City Hall Complex (4317-21 Slauson Avenue)
Maywood Boxing Club (4717 56th Street)
Maywood Park (4801 E. 58th Street) (Excluding Dodgers Dreamfield) Pine Avenue Park (5313 Pine Avenue)
Pixley Park (3626 E. 56th Street)
Riverfront Park (5000 Slauson Avenue)
Slauson Avenue Landscaped Street Medians (Los Angeles River to Downey Road) Slauson Avenue Landscaped Parkways (Los Angeles River to Alamo Avenue)

EMERGENCY CALLS

1. The Contractor shall have the capability to receive and to respond immediately to calls of an emergency nature during normal working hours and during hours outside of normal working hours. Calls of an emergency nature received by the City shall be referred to the Contractor for immediate disposition.

2. Contractor shall respond to emergency calls within two (2) hours from the time of notification.

3. Contractor must designate a person within his company who will respond to emergency calls 24 hours a day.

4. Contractor shall submit telephone number to the City that can be used to obtain emergency service on a 24- hour basis. The Contractor’s name and telephone number will also be listed with the Los Angeles County Sheriff.

5. Upon arriving at an emergency situation, it shall be the responsibility of the Contractor to eliminate all unsafe conditions which would adversely affect the health, safety, or welfare of the public.

6. Failure to respond within two (2) hours of attempt to contact may result in a $500.00 penalty per incident. Failure to respond to an emergency at any level will subject the Contractor to any primary or secondary cost arising from said emergency and may result in termination of contract.

SAFETY REQUIREMENTS

1. All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public, and where applicable, comply with all safety standards required by CAL- OSHA, the Work Area Traffic Control Handbook (W.A.T.C.H), and the State of California Manual of Traffic Controls. The City reserves the right to issue, restrain, cease and desist order to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract.

Hazardous Conditions
The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his operations. Any hazardous condition noted by the Contractor, which is not a result of his operations, shall be reported immediately to the City.

Traffic Control
During the progress of the work, adequate provision shall be made by the Contractor to accommodate the normal traffic flow on public streets and park roadways so as to cause a minimum of inconvenience to the public and shall hold the City harmless from all claims arising from any act or omission on his pertaining to any injury, death, or damage to any person or property by reason of any use of any street by anyone while the Contractor is working or has any equipment or barricades thereon.

SOUND CONTROL REQUIREMENTS
The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances which apply to any work performed pursuant to the contract. No pruning operations equipment or tools shall start work before 7:00 am. Each internal combustion engine used for any purpose on the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment.

LANDFILL DIVERSION
Contractor shall be responsible for the recycling of all green waste generated from work conducted with the City. Green waste shall be diverted from County landfills to an approved reclamation site and processed for recycling. Contractor shall submit a Landfill Diversion Report on a monthly basis to the City. Reports shall be submitted with the monthly invoice.

VEHICLE REGISTRATION
Contractor is allowed to drive on walkways to facilitate maintenance. At all times, Contractor shall employ extreme caution and courtesy to the public when operating equipment or vehicles in City parks. Vehicles that leak oil or other liquids are banned from accessing park property. At no time shall the Contractor drive trucks on park turf or shrub beds unless authorized by the City. Damage created by Contractor’s vehicles shall be repaired immediately at the Contractors expense.

PROTECTION AND PRESERVATION OF PROPERTY
The Contractor will be held responsible for the preservation of all public and private property along and adjacent to the work areas, and will be required to exercise due caution to avoid and prevent any damage or injury thereto, as a consequence of his/her operation. Any damage resulting from Contractor neglect shall be repaired/ replaced at the Contractors expense and to the satisfaction of the City. Any damage to public or private property caused by the Contractor shall be reported to the City immediately.

PUBLIC RELATIONS
Contractor and his employees are required to maintain good public relations at all times.

All work shall be conducted in a manner which causes the least possible interference or annoyance to the public.

SECTION A-IRRIGATION SYSTEM

1. A Irrigator, with knowledge of system operation and repair is necessary. Maintenance of all areas for proper moisture levels based on the turf and/or plants needs at different times of the year. All irrigation system maintenance shall be performed to insure plant health and vigor.
a. The entire irrigation system to include all components from connection at the meters to the sprinklers shall be maintained in an operational state at all times. Contractor is required to notify City of major component failures within twenty-four (24) hours of occurrence.
b. Contractual irrigation systems inspections, adjustments and repairs shall include valves, electrical circuiting to valves, filter and filter screen cleaning main line maintenance, lateral line maintenance, sprinkler head height, nozzle spray pattern, nozzle cleaning and replacement, bubbler head adjustment, flush valve repair, cleaning and replacement, tree well repair; and drip emitter cleaning, replacement, and removal and plugging if plant is not to be replaced.

c. The contractor shall maintain a log of current sprinkler station times. A copy of the log shall be given to the Public Works Superintendent after routine inspection. The log shall include, but is not limited to:

1. Controller location

2. Scheduled days to run

3. Start times

4. Station location

5. Each station’s run time

6. End time

7. Contractor’s employee initial and date
d. Non-contractual irrigation repairs shall be approved first by the City. Parts will be billed at “cost plus 15%” or, at City’s discretion. All billings to the City shall be accompanied with an itemized invoice describing labor hours at the contract rate, materials costs with copies of material invoices from the suppliers(s), the location, date and time of the repair, and a work description of the repair. Each repair shall be billed separately.
e. All irrigation systems shall be tested, adjusted, and cleaned as often as necessary to guarantee proper moisture levels at all times. A schedule shall be submitted at the start of the contract showing the location, day of week and time of day that each system will be tested. Any changes shall be submitted for approval prior to enactment. Contractor will be responsible for damages and costs due to under-watering and over-watering.

Irrigation systems are to be adjusted as often as necessary to assure:

1. Adequate coverage of all landscape areas

2. Prevent excessive runoff and/or erosion.

3. Prevent watering of all non-vegetative areas
f. The contractor shall maintain a reasonable inventory of commonly required repair parts on the service vehicle(s) in order to facilitate prompt irrigation system repairs. g. All malfunctioning controllers, quick couplers, automatic valves and sprinkler heads must be repaired within eight (8) hours following identification and verbal notification to the City's Contract Administrator of the cost for the repair. All replacements shall be with the original type and model materials unless a substitute is approved by the Public Works Superintendent.

h. Contractor employees shall Report and flag all water leaks and/or system malfunctions to the irrigator for immediate repair.
i. The Contractor shall immediately turn off irrigation systems during periods of rainfall and at times when suspension or irrigation is desirable to conserve water while remaining within the guidelines of good horticulturally acceptable maintenance practices.
j. Washout from irrigation failure issues onto sidewalks, pavement and/or into rightof-way shall be addressed in conjunction with repairs to the irrigation. Erosion and/or damages to the landscape shall be similarly addressed in conjunction with the repair.

SECTION B-TURFGRASS MAINTENANCE
B-1. All turf areas are to be mowed to maintain a consistent turf height of 1 inch except in specific areas where it must be maintained shorter. The height of cutting shall be maintained consistently to prevent scalping or burn. The mowing height shall be appropriate to the turf species. In normal circumstances the grass cutting need not be removed, but, when an inordinate amount of cut grass is evident, removal may be requested. Divots, ruts, holes and depressions found in turf shall be remedied immediately. Mowing patterns shall be alternated to avoid creating ruts and compaction.

All lawn edges along sidewalks and curbs shall be edged before each mowing as required for appearance. Edging shall be performed with a blade type mechanical edger or Line trimmer. The cut edge should appear as a clean, straight line. A monofilament line trimmer shall be used to trim around obstacles within the lawn area. Care shall be taken to ensure that the bark of trees and shrubs are not damaged or stripped by the line trimmer. Lawn sprinkler heads shall only be edged to allow for proper distribution of water.

B-2. All turf areas are to be aerified by removing ½" diameter cores, not more than 6" apart and to a depth of 6 inches in the month of March and additional times if required by Level of Service. This shall be considered a specialty-type item, requiring a written schedule of the aeration process to the Public Works Superintendent before work commences.

B-3. Fertilizer application will require prior notification of the Public Works Superintendent.

SECTION C-PLANT CARE
C-1. All shrubs shall be selectively pruned as to maintain natural form. No hedging or shearing will be permitted, unless authorized. Dead branches and foliage shall be removed, as thinning cuts, as opposed to rounding the plant by tipping. When pruning shrubs that show evidence of disease; disinfect pruning equipment between jobs. Where

disease is severe, disinfect pruning equipment in between cuts. Dead flower stalks shall be pruned from plants at the conclusion of flowering. If plants (such as agaves) die after flowering, Contractor will remove the entire plant and, if needed, shall repair the irrigation and backfill the hole. Major shrub pruning will take place at the optimum time for each plant and minor adjustments made as often as necessary to prevent sidewalk, street and sign obstruction. Many perennials, grasses, and shrubs need to be cut back severely to control size and to look their best. This is often done just prior to the new spring growth surge. The Landscape Contractor shall render renewal pruning at appropriate times.

C-2. Rows of shrubbery shall be maintained as a hedge. Hedges shall be trimmed with mechanical hedge trimmers to maintain uniformity on all accessible sides. Hedges shall not be cut back to leafless, woody, growth, unless directed by the City.

C-3. Groundcovers may not be trimmed with hedge shears or mechanical edgers. Hand pruners are to be used so that the appearance is as natural as possible.

C-4. Any plant material that dies for any reason other than as a result of vandalism must be replaced with like size, number and species within 5 working days.

SECTION E-ISLAND AND MEDIAN MAINTENANCE
E-1. Specifics throughout the scope of work shall apply to Island and median maintenance. Care shall be taken so that plants do not become line of sight barriers, shrubbery and trees do not encroach into the right-of-way, traffic signs, markings and signals are never obstructed, ground covers do not extend past curb, trash and debris is removed on the frequency basis per contract, and weeds in planter and hardscape are controlled and eliminated.

SECTION F-WEED ABATEMENT
F-1. All areas are to be kept in a weed free condition at all times. Chemical control for any unwanted vegetation may be applied on an as-needed basis. Weeds growing in cracks on sidewalks, streets, or gutters adjacent to areas covered in this contract must be controlled with herbicides. Pre-emergent may be applied as needed. All chemical applications shall be done by a licensed applicator in accordance with all applicable Federal, State, and County laws and regulations.

SECTION G-INSECT, PEST, AND RODENT CONTROL
G-1. For safety reasons, sidewalks, decomposed granite pathways, parkways, playground safety surfaces, picnic areas, hardscape, turf and planter areas shall be inspected for the presence of insects, pests and rodents. The elimination of mounding and holes generated by insects, pests and rodents shall be included in the scope of services.

SECTION H-HARDSCAPE AND PATHWAY MAINTENANCE
H-1. Hardscape/pathway maintenance is defined to include the maintenance of any sidewalk, pathway, or concrete surface under the care of the Contractor to include the removal and disposal of dirt, mud, trash and debris and the maintenance of proper grades.

H-2. Hardscape shall be maintained so as to be free of debris. All debris shall be removed from the site and disposed of at the end of each day at a location the Contractor shall disclose to the City.

H-3. At no time shall any irrigation apparatus under the care of the Contractor be adjusted to spray upon, or flood, any hardscape element or pathway.

H-4. Decomposed granite and dirt pathways shall be maintained to be free of debris, ruts and depressions.

H-5. Pathways eroded by rain shall be restored and graded within one business day of the conclusion of inclement weather. Contractor shall use displaced materials in the restoration of eroded pathways.

H-6. The Contractor shall display standardized warning signage when staging or working in any area that is subject to pedestrian or vehicular traffic.

H-7. The Contractor shall report, in writing, any condition that presents a trip hazard to Pedestrians on any hardscape element under the care of the Contractor to the General Parks Maintenance Supervisor or designated representative.

SECTION I-TRASH PICK-UP AND TRASH CAN MAINTENANCE
I-1. Contractor shall remove trash, debris, animal feces, and dead plant material from parkways. Turf areas, hardscapes, pathways, medians, gutters, and retention areas by Level of Service frequency.

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).

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.

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.

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.
1) MINOR MODIFICATIONS AND/OR ADDITIONAL WORK
a. The City may modify these specifications with the joint approval of the Contractor, the City Manager, and the Public Works Superintendent. 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. 2) 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 Manager and/or 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 August 29, 2024
Submittal of Questions September 9, 2024, by 3:00pm
Response to Questions September 13, 2024, by 4:00pm
Proposal Due Date September 25, 2024, by 4:00pm
Proposal Review/Evaluation Week of September 30, 2024
Optional Interview (if required) Week of October 7, 2024 Tentative City Council award October 23, 2024
Tentative Start date November 11, 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 2.

ATTACHMENT 1
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: ________________________

ATTACHMENT 2

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW

REQUIREMENTS

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

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

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

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

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

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

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

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

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

10. Contractor acknowledges that eight hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810.

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

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees.

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

12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions.

Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure.

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

ATTACHMENT 3

PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS, the City of Maywood, California, hereinafter "City", has awarded to ________________________ [Name of Contractor] hereinafter designated as "Principal," a Contract for _____________________________________ within the City; WHEREAS, said Principal is required under the terms of the Contract, which is incorporated herein, and the California Civil Code, to file a good and sufficient payment bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code; NOW, THEREFORE, we, the undersigned Principal, and ,
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of:

Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by the City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

FURTHER the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the Contract Documents, or of the work to be performed thereunder, shall in any way affect the obligations of this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the

terms of the Contract Documents or to the work or specifications thereunder. Surety hereby waives notice of any such change, extension, alteration, or addition.

IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by the Principal and Surety named herein, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

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CITY OF MAYWOOD

MAINTENANCE SERVICES AGREEMENT
THIS MAINTENANCE SERVICES AGREEMENT (“Agreement”) is made and entered into as of November 1, 2024 (“Effective Date”), by and between the CITY OF MAYWOOD, a California municipal corporation (“City”) and Revueltas Landscape Inc, a California Corporation (“Contractor”). Contractor’s license number is 521058 (C27, Landscape Services); Contractor’s DIR registration number is 1000441057.

In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services in a good and workmanlike manner for the project identified as maintenance services for landscaped areas of public facilities and street medians, as described in this Agreement, the Scope of Work attached hereto as Exhibit A, and incorporated herein by this reference, and Contractor’s Proposal dated September 25, 2024, a copy of which is attached hereto as Exhibit B and incorporated herein by this reference (“Services”). In the event of any conflict between the terms of this Agreement and the incorporated documents, the terms of this Agreement shall control.

2. Extra Work. Extra work, when ordered in writing by the City Manager or her designee and accepted by Contractor, shall be paid for in accordance with the terms of the written work order. Payment for extra work will be made at the unit price or lump sum previously agreed upon in writing between Contractor and the City. All extra work shall be adjusted daily upon the report sheet furnished by Contractor, prepared by the City, and signed by both parties; and the daily report shall be considered thereafter the true records of extra work done.

3. Term. The term of this Agreement shall be from the Effective Date through November 1, 2027, unless sooner terminated pursuant to Section 13 of this Agreement or extended. Additionally, there shall be two one-year options to renew the Agreement with the mutual written consent of both parties.

4. Time of Performance.

A. Contractor will not perform any work under this Agreement until:
1) Contractor furnishes proof of insurance as required under Section 14 of this Agreement; and
2) City gives Contractor a written notice to proceed.

B. Should Contractor begin work in advance of receiving written authorization to proceed, any such professional services are at Contractor’s own risk.

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5. Time. Time is of the essence in this Agreement.

6. Force Majeure. Neither City nor Contractor shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of public enemies, acts of the government, fires, floods or other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually severe weather, and supplier delays due to such causes.

Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this Section. Each party shall notify the other promptly in writing of each such excusable delay, its cause and its expected delay, and shall upon request update such notice.

7. 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,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).

8. In consideration of the Services rendered hereunder, City shall pay Contractor a fee not to exceed One Hundred Twenty-Four Thousand One Hundred Forty Dollars ($124,140.00) each year during the Term of this Agreement (Compensation), in accordance with the prices as submitted in Exhibit B. In no event shall the total compensation paid Contractor exceed One Hundred Twenty-Four Thousand One Hundred Forty Dollars ($124,140.00) yearly, which includes expenses and additional services (if any) during the term of this Agreement plus up to a 10% contingency amount for unexpected costs not included in the Compensation (Maximum Compensation). City shall not pay Contractor for any services not specified in the Services, unless the City authorizes such services in writing as set forth in this Agreement.

9. Payments.

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. Payments. City shall make payments of all undisputed invoice amounts within 30 calendar days after receipt 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.

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10. Taxes. Contractor shall calculate payment for all sales, unemployment, and other taxes imposed by local, State of California and federal law. These payments are included in the total amounts in Exhibit B.

11. Audit. City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by City. Additionally, Contractor shall be subject to State Auditor examination and audit at the request of City or as part of any audit of City, for a period of three years after final payment under this Agreement.

12. 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 under this Agreement.

13. Unresolved Disputes. In the event of any dispute or controversy with City over any matter whatsoever, Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. Maywood Municipal Code Chapter 3 of Title 3 (“Claims and Demands”) shall govern the procedures of the claim process, and these provisions are incorporated herein by this reference.

14. Termination. This Agreement may be terminated by City at any time with or without cause and without penalty upon 30 days’ written notice. In the event of termination without fault of Contractor, City shall pay Contractor for all Services satisfactorily rendered prior to date of termination, and such payment shall be in full satisfaction of all Services rendered hereunder. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation.

15. 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,

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

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

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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.

16. Insurance Requirements.

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 $2,000,000.00 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 obtain a non-owned auto endorsement to the Commercial General Liability policy required under subparagraph A.1) of this Section.
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, a 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 commercial general and automobile liability policies shall contain an endorsement naming City, its elected and appointed officials, officers, employees, agents and volunteers as additional insureds.

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

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

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

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

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

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

I. Evidence of Insurance. Prior to the performance of Services under this Agreement, Contractor shall furnish City’s Risk Manager 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.

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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 13 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.

17. Antitrust Claims. Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to this Agreement.

This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

18. Familiarity with Work.

A. By executing this Agreement, Contractor represents that it has 1) Thoroughly investigated and considered the scope of Services to be performed;
2) Carefully considered how the Services should be performed; and 3) Understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.

B. If Services involve work upon any site, Contractor warrants that it has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the Services hereunder. Should Contractor discover any latent or unknown conditions that may materially affect the performance of the Services, Contractor will immediately inform City of such fact and will not proceed except at Contractor’s own risk until written instructions are received from City.

19. Independent Contractor. Contractor is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as herein set forth; and Contractor is free to dispose of all portions of its time and activities which it is not obligated to devote to City in such a manner and to such persons, firms, or corporations as Contractor wishes except as expressly provided in this Agreement. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. Contractor shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of City.

20. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which prevailing wages apply. Contractor shall comply in all respects with all

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applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated herein by this reference.

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

22. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any individual, 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 understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all state statutes and local ordinances and regulations.

23. Debarred, Suspended or Ineligible Contractors. Contractor shall not be debarred throughout the duration of this Agreement. Contractor shall not perform work with debarred subcontractors pursuant to California Labor Code Section 1777.1 or 1777.7.

24. 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 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.

25. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs pursuant to this Agreement.

26. 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.

27. Payment Bond: REQUIRED – or – NOT REQUIRED

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Contractor shall obtain a payment bond in an amount that is not less than the total compensation amount of this Agreement, and nothing in this Agreement shall be read to excuse this requirement. The required form entitled Payment Bond (Labor and Materials) is attached hereto as Exhibit D and incorporated herein by this reference.

28. Contractor’s Representations. Contractor represents, covenants and agrees that: a) Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the Services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under this Agreement; c) there is no litigation pending against Contractor, and Contractor is not the subject of any criminal investigation or proceeding; and d) to Contractor’s actual knowledge, neither Contractor nor its personnel have been convicted of a felony.

29. Warranty.

Contractor warrants that the work, including equipment and materials, shall conform to professional standards of care and practice in effect at the time the work is performed. Work shall be of the highest quality, and be free from all faults, defects, or errors. Whenever required by the specifications of the RFP, the Contractor warrants that all equipment and materials provided shall be new. All equipment and materials provided by the Contractor shall be merchantable and fit for the purpose intended.

Contractor shall warrant all labor and materials for a period of one (1) year from completion of work. The Contractor shall correct such fault, defect, or error, at no additional cost to the City. If Contractor fails to correct the problem under the warranty within a reasonable time, the City may elect to have the work performed by someone else. Contractor shall refund to the City, the charge paid to another contractor, which is attributable to such portions of the faulty, defective or incorrect work. Contractor shall be liable for secondary, incidental, or consequential damages of any nature resulting from any work performed under this Agreement.

30. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the term of this Agreement or within 12 months after completion of the Services under this Agreement which is or may likely make Contractor “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Agreement.

31. Third Party Claims. City shall have the discretion and full authority to compromise or otherwise settle any claim relating to this Agreement at any time. City shall timely notify Contractor of the receipt of any third-party claim relating to this Agreement. City shall be entitled to recover its reasonable costs incurred in providing this notice.

32. Non-Assignability; Subcontracting. Contractor shall not assign or transfer any interest in this Agreement nor any part thereof, whether by assignment or novation,

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without City’s prior written consent. Any purported assignment without written consent shall be null, void, and of no effect; and Contractor shall hold harmless, defend and indemnify City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment.

33. No Third Party Beneficiaries Intended. This Agreement is made solely for the benefit of the parties to this Agreement and no other person or entity may have or acquire a right by virtue of this Agreement.

34. 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.

35. Applicable Law. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court.

36. Attorneys’ Fees. If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with 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 any other relief to which the party may be entitled.

37. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it.

38. Time is 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.

39. Incorporation by Reference. All Exhibits attached hereto are incorporated herein by reference. The documents, payment and performance bonds, City insurance requirements, together with this written Agreement (and all Exhibits, documents and laws referenced therein), shall constitute the entire agreement between the parties as to the subject matter of this Agreement. In the event of any conflict between this Agreement and any Exhibit hereto, the provisions of this Agreement shall control.

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40. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement.

41. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted this Agreement or who drafted that portion of this Agreement.

42. Non-waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

43. Notice. Except as otherwise required by law, any notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s or City’s regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed below, or at such other address as one party may notify the other:

To City:

City Manager
City of Maywood
4319 Slauson Avenue
Maywood, CA 90270
To Contractor:

Revueltas Landscape Inc.

Juan Carlos Revueltas, Chief Executive Officer
7118 Kuhl Drive
Commerce CA 90040

44. Counterparts. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

45. Corporate Authority. The persons executing this Agreement on behalf of Contractor warrant and represent that they have the authority to execute this Agreement

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on behalf of Contractor and have the authority to bind Contractor to the performance of its obligations hereunder.

46. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. [SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written.

CITY OF MAYWOOD:

By: _____________________________
Eduardo De La Riva, Mayor
ATTEST:

By: _____________________________
Gerardo Mayagoitia, City Clerk
APPROVED AS TO FORM:

By: _____________________________
Roxanne Diaz, City Attorney
CONTRACTOR: REVUELTAS
LANDSCAPE INC.
___________________________________
By:________________________________
Printed Name:_______________________
Title:______________________________

Exhibit A
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EXHIBIT A
Scope of Work

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EXHIBIT A

SCOPE OF SERVICES

SECTION A-IRRIGATION SYSTEM
A-1. Our intent is to have the water used to irrigate the areas included in this contract managed by the Contractor. A fulltime Irrigator, with knowledge of system operation and repair is required for each “Service Level” of this bid. Maintenance of all areas for proper moisture levels based on the turf and/or plants needs at different times of the year. All irrigation system maintenance shall be performed to insure plant health and vigor.
a. The entire irrigation system to include all components from connection at the meters to the sprinklers shall be maintained in an operational state at all times.

Contractor is required to notify City of major component failures within twenty-four (24) hours of occurrence.
b. Contractual irrigation systems inspections, adjustments and repairs shall include valves, electrical circuiting to valves, filter and filter screen cleaning main line maintenance, lateral line maintenance, sprinkler head height, nozzle spray pattern, nozzle cleaning and replacement, bubbler head adjustment, flush valve repair, cleaning and replacement, tree well repair; and drip emitter cleaning, replacement, and removal and plugging if plant is not to be replaced.
c. The contractor shall maintain a log of current sprinkler station times. A copy of the log shall be given to the Contract Administrator after routine inspection. The log shall include, but is not limited to:

1. Controller location

2. Scheduled days to run

3. Start times

4. Station location

5. Each station’s run time

6. End time

7. Contractor’s employee initial and date
d. Non-contractual irrigation repairs shall be approved first by the City. Parts will be billed at “cost plus 15%” or, at City’s discretion. All billings to the City shall be

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accompanied with an itemized invoice describing labor hours at the contract rate, materials costs with copies of material invoices from the suppliers(s), the location, date and time of the repair, and a work description of the repair. Each repair shall be billed separately.
e. All irrigation systems shall be tested, adjusted, and cleaned as often as necessary to guarantee proper moisture levels at all times. A schedule shall be submitted at the start of the contract showing the location, day of week and time of day that each system will be tested. Any changes shall be submitted for approval prior to enactment.

Contractor will be responsible for damages and costs due to under-watering and overwatering. Irrigation systems are to be adjusted as often as necessary to assure:

1. Adequate coverage of all landscape areas

2. Prevent excessive runoff and/or erosion.

3. Prevent watering of all non-vegetative areas
f. The contractor shall maintain a reasonable inventory of commonly required repair parts on the service vehicle(s) in order to facilitate prompt irrigation system repairs. g. All malfunctioning controllers, quick couplers, automatic valves and sprinkler heads must be repaired within eight (8) hour s following identification and verbal notification to the City's Contract Administrator of the cost for the repair. All replacements shall be with the original type and model materials unless a substitute is approved by the Contract Administrator.
h. Contractor employees shall Report and flag all water leaks and/or system malfunctions to the irrigator for immediate repair.
i. The Contractor shall immediately turn off irrigation systems during periods of rainfall and at times when suspension or irrigation is desirable to conserve water while remaining within the guidelines of good horticulturally acceptable maintenance practices.
j. Washout from irrigation failure issues onto sidewalks, pavement and/or into rightof-way shall be addressed in conjunction with repairs to the irrigation. Erosion and/or damages to the landscape shall be similarly addressed in conjunction with the repair.

SECTION B-TURFGRASS MAINTENANCE
B-1. All turf areas are to be mowed to maintain a consistent turf height of 1 inch except in specific areas where it must be maintained shorter. The height of cutting shall be maintained consistently to prevent scalping or burn. The mowing height shall be appropriate to the turf species. In normal circumstances the grass cutting need not be

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removed, but, when an inordinate amount of cut grass is evident, removal may be requested. Divots, ruts, holes and depressions found in turf shall be remedied immediately. Mowing patterns shall be alternated to avoid creating ruts and compaction.

All lawn edges along sidewalks and curbs shall be edged before each mowing as required for appearance. Edging shall be performed with a blade type mechanical edger or Line trimmer. The cut edge should appear as a clean, straight line. A monofilament line trimmer shall be used to trim around obstacles within the lawn area.

Care shall be taken to insure that the bark of trees and shrubs are not damaged or stripped by the line trimmer. Lawn sprinkler heads shall only be edged to allow for proper distribution of water.

B-2. All turf areas are to be aerified by removing ½" diameter cores, not more than 6" apart and to a depth of 6 inches in the month of March and additional times if required by Level of Service. This shall be considered a specialty-type item, requiring a written schedule of the aeration process to the Contract Administrator before work commences.

B-3. A complete, chemical fertilizer shall be applied according to Level of Service to all turf areas with each application providing one pound of actual Nitrogen for each 1,000 square feet. Turf fertilizer applications for all locations will be in January. Fertilizer application will require prior notification of the Contract Administrator. Pre-emergent herbicide combination may be necessary from late February/early March depending on rainfall and weather.

B-4. City will determine date for the reduction of water. Begin by lowering the height of turf during scheduled weekly mowing (approximately 3 weeks before final cut). One week before the final cut reduce the water to minimum in the turf areas. Cut turf to a height of ½” or lower but do not allow blades to disturb soil. All grass clippings generated from this process will be vacuumed, swept or raked after each cut. No debris will be allowed to “stockpile”. A light irrigation syringe will be applied before the final cut to keep the dust levels to a minimum per the Coachella Valley Association of Governments (CVAG) smart seeding guidelines. Actual dates for the scalping will be determined in the field with the Contract Administrator. Schedule will vary due to scheduled field use, condition of fields, and the actual mowing height needed to ensure seed to soil contact.
a. The Contractor will request the Contractor Administrator to perform an inspection of the fields before rye seed is applied. The City will verify proper renovation and aeration (if applicable).
b. The Contractor shall repair and replace at company expense any irrigation that was damaged or otherwise impacted by the scalping and subsequent clean up.

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c. The scalping process shall be fully completed and approved by the Contract Administrator by the date as agreed upon in scheduling process before any seed may be applied. The Contractor shall supply the seed.

The application rate for the seed shall be a minimum of 15 lbs./1000 sq. ft.
d. Contractor is responsible for the order, purchase, acquisition, delivery, storage and disbursement of Rye seed.
e. Contractor will monitor the irrigation to ensure proper coverage for rye grass germination. The Contractor is responsible for notifying the City of any problems with the irrigation system immediately.

SECTION C-PLANT CARE
C-1. All shrubs shall be selectively pruned as to maintain natural form. No hedging or shearing will be permitted, unless authorized. Dead branches and foliage shall be removed, as thinning cuts, as opposed to rounding the plant by tipping. When pruning shrubs that show evidence of disease; disinfect pruning equipment between jobs.

Where disease is severe, disinfect pruning equipment in between cuts. Dead flower stalks shall be pruned from plants at the conclusion of flowering. If plants (such as agaves) die after flowering, Contractor will remove the entire plant and, if needed, shall repair the irrigation and backfill the hole. Major shrub pruning will take place at the optimum time for each plant and minor adjustments made as often as necessary to prevent sidewalk, street and sign obstruction. Many perennials, grasses, and shrubs need to be cut back severely to control size and to look their best. This is often done just prior to the new spring growth surge. The Landscape Contractor shall render renewal pruning at appropriate times. For proper plant care follow the recommendations in Pruning, Planting & Care by Eric A. Johnson, published by Ironwood Press.

C-2. Hedging is Only When authorized. Rows of shrubbery shall be maintained as a hedge. Hedges shall be trimmed with mechanical hedge trimmers to maintain uniformity on all accessible sides. Hedges shall not be cut back to leafless, woody, growth, unless directed by the City.

C-3. Groundcovers may not be trimmed with hedge shears or mechanical edgers.

Hand pruners are to be used so that the appearance is as natural as possible.

C-4. Any plant material that dies for any reason other than as a result of vandalism must be replaced with like size, number and species within 5 working days.

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C-5. Civic Center annuals are to be changed out for summer and again for winter as directed by the Parks and Facilities Project Coordinator.

SECTION D-TREE CARE
D-1. The Contractor is only responsible for tree work under 15 feet in height for safety and sucker control only. Palm trees less than fifteen feet in height are the responsibility of the Contractor. All other tree pruning will be pruned under a separate contract, including palm trees. Dead palm fronds and seedpods however, shall be removed from trees less than 15 feet as they appear.
a. Trees shall be pruned as needed to remove broken or diseased branches, or for traffic and pedestrian safety. Sidewalk clearance will be eight feet and vehicular clearance 14 feet from grade. Trees must be maintained at seven (7) feet from playground equipment. Any broken, structurally unsound or detached limb is considered a hazard. Suckers will be removed as they appear. b. When pruning trees that show evidence of disease; disinfect pruning equipment between jobs. Where disease is severe, disinfect pruning equipment in between cuts. c. Any tree trimming performed at the request of the City shall be consistent with the current and applicable International Society of Arboriculture (ISA) guidelines, the American National Standards Institute (ANSI) standards to promote proper form, strength, health, and appearance consistent with the intended use. No trimming will be conducted without onsite inspection of City staff.
d. The Contractor shall be responsible for all tree staking. Ties will be monitored to prevent girdling. Remove ties and stakes as directed by the City. Broken stakes are to be removed and if appropriate, replaced. Stakes should not remain on the trees longer than 6 months. If the tree cannot stand upright once stakes are removed, the City will then determine whether or not to replace the stakes or remove the tree. e. The Contractor shall be held responsible for any damages done to trees due to poor management and/or maintenance practices.
f. Any trees broken or damaged as a direct result of storm damage, wind, accident or vandalism shall be pruned and/or removed within 24 hours of notification and may be considered an Extra to the Contract. Any debris or low tree limbs blocking roadways, stop signs or parking areas shall be removed within one hour of notification to Contractor.
g. Failure(s) of any kind with regard a tree shall be reported immediately to a City arborist.

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SECTION E-ISLAND AND MEDIAN MAINTENANCE
E-1. Specifics throughout the scope of work shall apply to Island and median maintenance. The City of Maywood Islands and medians are as diverse as its parkways and are to be maintained to a safe, clean, pleasing and desirable appearance. Care shall be taken so that plants do not become line of sight barriers, shrubbery and trees do not encroach into the right-of-way, traffic signs, markings and signals are never obstructed, ground covers do not extend past curb, trash and debris is removed on the frequency basis per contract, abandoned shopping carts are taken to a safe zone with the City of Maywood Code Enforcement notified, and weeds in planter and hardscape are controlled and eliminated.

SECTION F-WEED ABATEMENT
F-1. All areas are to be kept in a weed free condition at all times. Chemical control for any unwanted vegetation may be applied on an as-needed basis. Weeds growing in cracks on sidewalks, streets, or gutters adjacent to areas covered in this contract must be controlled with herbicides. Pre-emergent may be applied as needed. All chemical applications shall be done by a licensed applicator in accordance with all applicable Federal, State, and County laws and regulations.

SECTION G-INSECT, PEST, AND RODENT CONTROL
G-1. For safety reasons, sidewalks, decomposed granite pathways, parkways, playground safety surfaces, picnic areas, hardscape, turf and planter areas shall be inspected for the presence of insects, pests and rodents. The elimination of mounding and holes generated by insects, pests and rodents shall be included in the scope of services.

SECTION H-HARDSCAPE AND PATHWAY MAINTENANCE
H-1. Hardscape/pathway maintenance is defined to include the maintenance of any sidewalk, pathway, or concrete surface under the care of the Contractor to include the removal and disposal of dirt, mud, trash and debris and the maintenance of proper grades.

H-2. Hardscape shall be maintained so as to be free of debris. All debris shall be removed from the site and disposed of at the end of each day at a location the Contractor shall disclose to the City.

H-3. At no time shall any irrigation apparatus under the care of the Contractor be

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adjusted to spray upon, or flood, any hardscape element or pathway.

H-4. Decomposed granite and dirt pathways shall be maintained to be free of debris, ruts and depressions.

H-5. Pathways eroded by rain shall be restored and graded within one business day of the conclusion of inclement weather. Contractor shall use displaced materials in the restoration of eroded pathways.

H-6. The Contractor shall display standardized warning signage when staging or working in any area that is subject to pedestrian or vehicular traffic.

H-7. The Contractor shall report, in writing, any condition that presents a trip hazard to Pedestrians on any hardscape element under the care of the Contractor to the General Parks Maintenance Supervisor or designated representative.

SECTION I-TRASH PICK-UP AND TRASH CAN MAINTENANCE
I-1. Contractor shall remove trash, debris, animal feces, and dead plant material from parkways. Turf areas, hardscapes, pathways, medians, tot-lots, gutters, and retention areas by Level of Service frequency.

I-2. Trash receptacles shall be emptied and relined by Level of Service frequency.

Trash receptacle cover lids shall be wiped clean in conjunction with the servicing.

I-3. Following a storm event, water retention basins shall be serviced for trash and debris clean-up as soon as the water recedes. Parkways. Turf areas, hardscapes, pathways, medians, tot-lots shall be inspected after a storm event for removal of trash, debris, and dead plant material.

SECTION J-AMENITY CARE
J-1. The City requires that each tot-lot be examined and any unwanted material removed. Wood chip is to be raked and care taken to assure an even dispersion of the chip. Weeds shall be removed immediately. Pour-in-place surfacing is to be blown. In the event of a flooding that displaces wood chip, the displaced chip shall be gathered, cleaned of any unwanted material, and redistributed to the tot-lot.

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J-2. Tables and bench amenities within District retention basins and common areas must be cleaned of soiling from spills, food, dirt and grime. Hardscape surfaces associating with amenities shall be similarly cleaned.

J-3. Pet Waste Stations located in District retention basins and common areas are to be serviced. The Contractor shall provide pet waste bags and trash liners for pet station receptacles and waste containers.

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).

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 bi-weekly 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.

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.

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.
1) MINOR MODIFICATIONS AND/OR ADDITIONAL WORK
a. The City may modify these specifications with the joint approval of the Contractor, the City Manager, and the Public Works
Superintendent. All modifications shall be in writing.

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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.

Exhibit B
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EXHIBIT B
Contractor’s Proposal

Exhibit C

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EXHIBIT C
Terms for Compliance with California Labor Law Requirements

1. Contractor acknowledges that the project as defined in this Agreement between Contractor and City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a “public work” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes.

Contractor shall perform all work on the project as a public work. Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

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

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

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

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.

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