Maywood City Council
May 28, 2025

City of Maywood
Street Lighting Assessment District
Fiscal Year 2025-26 Assessment Roll
APN Zone
Total
Frontage-1 Frontage-3 Frontage-2 Frontage-4 Assessment
6316-008-014 R 40.00 0.00 0.00 0.00 $ 29.84
6316-008-015 R 40.00 0.00 0.00 0.00 $ 29.84
6316-008-016 R 40.00 0.00 0.00 0.00 $ 29.84
6316-008-017 R 42.00 0.00 0.00 0.00 $ 31.33
6316-008-018 R 40.00 0.00 0.00 0.00 $ 29.84
6316-008-019 R 42.00 0.00 0.00 0.00 $ 31.33
6316-008-020 R 40.00 0.00 0.00 0.00 $ 29.84
6316-008-023 R 42.00 0.00 0.00 0.00 $ 31.33
6316-008-024 R 40.00 0.00 0.00 0.00 $ 29.84
6316-008-025 R 40.00 0.00 0.00 0.00 $ 29.84
6316-008-026 R 42.00 0.00 0.00 0.00 $ 31.33
6316-008-027 R 40.00 0.00 0.00 0.00 $ 29.84
6316-008-030 R 50.00 0.00 0.00 0.00 $ 37.30
6316-008-031 R 72.00 140.00 0.00 0.00 $ 105.93
6316-008-032 R 57.00 0.00 0.00 0.00 $ 42.52
6316-008-033 R 23.00 0.00 0.00 0.00 $ 17.16
6316-008-035 R 70.02 0.00 0.00 0.00 $ 52.23
6316-008-036 R 70.02 0.00 0.00 0.00 $ 52.23
6316-008-037 R 70.02 0.00 0.00 0.00 $ 52.23
6316-008-038 R 70.02 0.00 0.00 0.00 $ 52.23
6316-009-002 R 40.00 0.00 0.00 0.00 $ 29.84
6316-009-003 R 40.00 0.00 0.00 0.00 $ 29.84
6316-009-004 R 51.00 0.00 0.00 0.00 $ 38.05
6316-009-005 R 42.00 99.00 0.00 0.00 $ 68.26
6316-009-006 R 40.00 0.00 0.00 0.00 $ 29.84
6316-009-007 R 40.00 0.00 0.00 0.00 $ 29.84
6316-009-008 R 61.00 0.00 0.00 0.00 $ 45.51
6316-009-009 R 61.00 0.00 0.00 0.00 $ 45.51
6316-009-010 R 61.00 0.00 0.00 0.00 $ 45.51
6316-009-011 R 61.00 0.00 0.00 0.00 $ 45.51
6316-009-012 R 61.00 0.00 0.00 0.00 $ 45.51
6316-009-013 R 61.00 0.00 0.00 0.00 $ 45.51
6316-009-014 R 61.00 0.00 0.00 0.00 $ 45.51
6316-009-015 R 61.00 0.00 0.00 0.00 $ 45.51
6316-009-016 R 67.00 0.00 0.00 0.00 $ 49.98
6316-009-017 R 65.00 0.00 0.00 0.00 $ 48.49
6316-009-018 R 61.00 0.00 0.00 0.00 $ 45.51
6316-009-019 R 71.00 160.00 0.00 0.00 $ 112.65
6316-009-020 R 66.00 0.00 0.00 0.00 $ 49.24
6316-009-021 R 66.00 0.00 0.00 0.00 $ 49.24
6316-009-022 R 61.00 0.00 0.00 0.00 $ 45.51
6316-009-025 R 71.00 91.00 0.00 0.00 $ 86.91
6316-009-026 R 49.00 0.00 0.00 0.00 $ 36.55
6316-009-027 R 42.00 100.00 0.00 0.00 $ 68.63
6316-009-028 R 50.00 0.00 0.00 0.00 $ 37.30

City of Maywood
Street Lighting Assessment District
Fiscal Year 2025-26 Assessment Roll
APN Zone
Total
Frontage-1 Frontage-3 Frontage-2 Frontage-4 Assessment
6316-010-001 R 53.00 83.00 0.00 0.00 $ 70.50
6316-010-002 R 67.00 0.00 0.00 0.00 $ 49.98
6316-010-003 R 53.00 0.00 0.00 0.00 $ 39.54
6316-010-004 R 53.00 0.00 0.00 0.00 $ 39.54
6316-010-005 R 53.00 0.00 0.00 0.00 $ 39.54
6316-010-006 R 53.00 0.00 0.00 0.00 $ 39.54
6316-010-007 R 53.00 0.00 0.00 0.00 $ 39.54
6316-010-008 R 53.00 0.00 0.00 0.00 $ 39.54
6316-010-009 R 53.00 0.00 0.00 0.00 $ 39.54
6316-010-010 R 53.00 0.00 0.00 0.00 $ 39.54
6316-010-011 R 53.00 0.00 0.00 0.00 $ 39.54
6316-010-012 R 53.00 0.00 0.00 0.00 $ 39.54
6316-010-013 R 53.00 79.00 0.00 0.00 $ 69.01
6316-010-014 R 35.00 0.00 0.00 0.00 $ 26.11
6316-010-015 R 36.00 0.00 0.00 0.00 $ 26.86
6316-010-016 R 43.00 0.00 0.00 0.00 $ 32.08
6316-010-017 R 53.00 107.00 0.00 0.00 $ 79.45
6316-010-018 R 53.00 0.00 0.00 0.00 $ 39.54
6316-010-019 R 53.00 0.00 0.00 0.00 $ 39.54
6316-010-020 R 53.00 0.00 0.00 0.00 $ 39.54
6316-010-021 R 53.00 0.00 0.00 0.00 $ 39.54
6316-010-022 R 53.00 0.00 0.00 0.00 $ 39.54
6316-010-023 R 53.00 0.00 0.00 0.00 $ 39.54
6316-010-024 R 53.00 0.00 0.00 0.00 $ 39.54
6316-010-025 R 53.00 0.00 0.00 0.00 $ 39.54
6316-010-026 R 53.00 0.00 0.00 0.00 $ 39.54
6316-010-027 R 53.00 0.00 0.00 0.00 $ 39.54
6316-010-028 R 53.00 150.00 0.00 0.00 $ 95.49
6316-011-001 R 105.00 150.00 0.00 0.00 $ 134.28
6316-011-002 R 53.00 0.00 0.00 0.00 $ 39.54
6316-011-003 R 53.00 0.00 0.00 0.00 $ 39.54
6316-011-004 R 53.00 0.00 0.00 0.00 $ 39.54
6316-011-005 R 53.00 0.00 0.00 0.00 $ 39.54
6316-011-006 R 53.00 0.00 0.00 0.00 $ 39.54
6316-011-007 R 53.00 0.00 0.00 0.00 $ 39.54
6316-011-008 R 53.00 0.00 0.00 0.00 $ 39.54
6316-011-009 R 53.00 0.00 0.00 0.00 $ 39.54
6316-011-010 R 53.00 0.00 0.00 0.00 $ 39.54
6316-011-011 R 53.00 75.00 0.00 0.00 $ 67.51
6316-011-012 R 75.00 0.00 0.00 0.00 $ 55.95
6316-011-013 R 50.00 0.00 0.00 0.00 $ 37.30
6316-011-014 R 50.00 0.00 0.00 0.00 $ 37.30
6316-011-015 R 50.00 53.00 0.00 0.00 $ 57.07
6316-011-016 R 53.00 0.00 0.00 0.00 $ 39.54
6316-011-017 R 53.00 0.00 0.00 0.00 $ 39.54

City of Maywood
Street Lighting Assessment District
Fiscal Year 2025-26 Assessment Roll
APN Zone
Total
Frontage-1 Frontage-3 Frontage-2 Frontage-4 Assessment
6316-011-018 R 53.00 0.00 0.00 0.00 $ 39.54
6316-011-019 R 53.00 0.00 0.00 0.00 $ 39.54
6316-011-020 R 53.00 0.00 0.00 0.00 $ 39.54
6316-011-021 R 53.00 0.00 0.00 0.00 $ 39.54
6316-011-022 R 53.00 0.00 0.00 0.00 $ 39.54
6316-011-023 R 53.00 0.00 0.00 0.00 $ 39.54
6316-011-024 R 53.00 0.00 0.00 0.00 $ 39.54
6316-011-025 R 53.00 0.00 0.00 0.00 $ 39.54
6316-011-026 R 53.00 150.00 0.00 0.00 $ 95.49
6316-012-002 R 53.00 0.00 0.00 0.00 $ 39.54
6316-012-003 R 53.00 0.00 0.00 0.00 $ 39.54
6316-012-004 R 53.00 0.00 0.00 0.00 $ 39.54
6316-012-005 R 53.00 0.00 0.00 0.00 $ 39.54
6316-012-006 R 53.00 0.00 0.00 0.00 $ 39.54
6316-012-007 R 55.00 0.00 0.00 0.00 $ 41.03
6316-012-008 R 50.00 0.00 0.00 0.00 $ 37.30
6316-012-009 R 53.00 0.00 0.00 0.00 $ 39.54
6316-012-010 R 53.00 0.00 0.00 0.00 $ 39.54
6316-012-011 R 53.00 0.00 0.00 0.00 $ 39.54
6316-012-012 C 53.00 150.00 0.00 0.00 $ 190.98
6316-012-013 R 53.00 150.00 0.00 0.00 $ 95.49
6316-012-014 R 53.00 0.00 0.00 0.00 $ 39.54
6316-012-015 R 53.00 0.00 0.00 0.00 $ 39.54
6316-012-016 R 53.00 0.00 0.00 0.00 $ 39.54
6316-012-017 R 53.00 0.00 0.00 0.00 $ 39.54
6316-012-018 R 53.00 0.00 0.00 0.00 $ 39.54
6316-012-019 R 53.00 0.00 0.00 0.00 $ 39.54
6316-012-020 R 53.00 0.00 0.00 0.00 $ 39.54
6316-012-021 R 105.00 0.00 0.00 0.00 $ 78.33
6316-012-022 C 105.00 150.00 0.00 0.00 $ 268.56
6316-012-025 R 53.00 100.00 0.00 0.00 $ 76.84
6316-012-026 R 50.00 0.00 0.00 0.00 $ 37.30
6316-013-002 R 53.00 0.00 0.00 0.00 $ 39.54
6316-013-005 R 53.00 0.00 0.00 0.00 $ 39.54
6316-013-006 R 53.00 0.00 0.00 0.00 $ 39.54
6316-013-007 R 53.00 0.00 0.00 0.00 $ 39.54
6316-013-008 R 53.00 0.00 0.00 0.00 $ 39.54
6316-013-009 R 53.00 0.00 0.00 0.00 $ 39.54
6316-013-010 R 53.00 0.00 0.00 0.00 $ 39.54
6316-013-013 R 53.00 0.00 0.00 0.00 $ 39.54
6316-013-014 R 53.00 0.00 0.00 0.00 $ 39.54
6316-013-015 R 53.00 0.00 0.00 0.00 $ 39.54
6316-013-016 R 53.00 0.00 0.00 0.00 $ 39.54
6316-013-017 R 53.00 0.00 0.00 0.00 $ 39.54
6316-013-018 R 53.00 0.00 0.00 0.00 $ 39.54

City of Maywood
Street Lighting Assessment District
Fiscal Year 2025-26 Assessment Roll
APN Zone
Total
Frontage-1 Frontage-3 Frontage-2 Frontage-4 Assessment
6316-013-019 R 53.00 0.00 0.00 0.00 $ 39.54
6316-013-020 R 53.00 0.00 0.00 0.00 $ 39.54
6316-013-021 R 53.00 0.00 0.00 0.00 $ 39.54
6316-013-022 R 53.00 0.00 0.00 0.00 $ 39.54
6316-013-024 R 80.00 0.00 0.00 0.00 $ 59.68
6316-013-025 R 53.00 70.00 0.00 0.00 $ 65.65
6316-013-026 R 100.00 105.00 0.00 0.00 $ 113.77
6316-013-027 R 50.00 0.00 0.00 0.00 $ 37.30
6316-013-028 R 53.00 96.00 0.00 0.00 $ 75.35
6316-013-029 R 54.00 0.00 0.00 0.00 $ 40.28
6316-013-030 R 105.00 0.00 0.00 0.00 $ 78.33
6316-013-031 R 65.00 0.00 0.00 0.00 $ 48.49
6316-013-032 R 53.00 85.00 0.00 0.00 $ 71.24
6317-001-001 C 122.00 133.00 0.00 0.00 $ 281.24
6317-001-002 C 122.00 133.00 0.00 0.00 $ 281.24
6317-001-003 R 41.00 0.00 0.00 0.00 $ 30.59
6317-001-004 R 31.00 0.00 0.00 0.00 $ 23.13
6317-001-005 R 10.00 0.00 0.00 0.00 $ 7.46
6317-001-006 R 40.00 0.00 0.00 0.00 $ 29.84
6317-001-009 C 120.00 0.00 0.00 0.00 $ 179.04
6317-001-010 C 42.00 0.00 0.00 0.00 $ 62.66
6317-001-011 R 42.00 0.00 0.00 0.00 $ 31.33
6317-001-012 R 40.00 0.00 0.00 0.00 $ 29.84
6317-001-013 R 40.00 0.00 0.00 0.00 $ 29.84
6317-001-014 R 41.00 0.00 0.00 0.00 $ 30.59
6317-001-015 R 41.00 0.00 0.00 0.00 $ 30.59
6317-001-017 R 40.00 0.00 0.00 0.00 $ 29.84
6317-001-020 C 44.00 0.00 0.00 0.00 $ 65.65
6317-001-025 C 122.00 387.00 0.00 0.00 $ 470.73
6317-001-026 C 78.00 0.00 0.00 0.00 $ 116.38
6317-001-027 C 82.00 0.00 0.00 0.00 $ 122.34
6317-002-004 C 61.00 0.00 0.00 0.00 $ 91.01
6317-002-007 R 40.00 0.00 0.00 0.00 $ 29.84
6317-002-008 R 41.00 0.00 0.00 0.00 $ 30.59
6317-002-009 R 41.00 0.00 0.00 0.00 $ 30.59
6317-002-010 R 42.00 0.00 0.00 0.00 $ 31.33
6317-002-011 R 40.00 0.00 0.00 0.00 $ 29.84
6317-002-012 R 40.00 0.00 0.00 0.00 $ 29.84
6317-002-013 R 61.00 0.00 0.00 0.00 $ 45.51
6317-002-014 R 61.00 0.00 0.00 0.00 $ 45.51
6317-002-020 C 122.00 145.00 0.00 0.00 $ 290.19
6317-002-028 C 61.00 0.00 0.00 0.00 $ 91.01
6317-002-029 C 122.00 145.00 0.00 0.00 $ 290.19
6317-002-030 C 204.00 575.00 0.00 0.00 $ 733.32
6317-003-003 R 42.00 0.00 0.00 0.00 $ 31.33

City of Maywood
Street Lighting Assessment District
Fiscal Year 2025-26 Assessment Roll
APN Zone
Total
Frontage-1 Frontage-3 Frontage-2 Frontage-4 Assessment
6317-003-004 R 58.00 0.00 0.00 0.00 $ 43.27
6317-003-005 R 50.00 0.00 0.00 0.00 $ 37.30
6317-003-006 R 50.00 0.00 0.00 0.00 $ 37.30
6317-003-007 R 32.00 79.00 0.00 0.00 $ 53.34
6317-003-008 R 30.00 0.00 0.00 0.00 $ 22.38
6317-003-009 R 30.00 0.00 0.00 0.00 $ 22.38
6317-003-010 R 30.00 0.00 0.00 0.00 $ 22.38
6317-003-011 R 59.00 0.00 0.00 0.00 $ 44.01
6317-003-017 R 61.00 0.00 0.00 0.00 $ 45.51
6317-003-018 R 61.00 0.00 0.00 0.00 $ 45.51
6317-003-019 R 72.00 122.00 0.00 0.00 $ 99.22
6317-003-020 R 45.00 0.00 0.00 0.00 $ 33.57
6317-003-021 R 41.00 0.00 0.00 0.00 $ 30.59
6317-003-025 R 79.00 0.00 0.00 0.00 $ 58.93
6317-003-026 C 185.00 0.00 0.00 0.00 $ 276.02
6317-003-027 R 39.00 0.00 0.00 0.00 $ 29.09
6317-003-028 R 39.00 0.00 0.00 0.00 $ 29.09
6317-003-029 R 37.00 0.00 0.00 0.00 $ 27.60
6317-015-002 R 40.00 0.00 0.00 0.00 $ 29.84
6317-015-003 R 40.00 0.00 0.00 0.00 $ 29.84
6317-015-004 R 40.00 0.00 0.00 0.00 $ 29.84
6317-015-005 C 142.00 433.00 0.00 0.00 $ 534.88
6317-015-006 R 40.00 0.00 0.00 0.00 $ 29.84
6317-015-007 R 40.00 0.00 0.00 0.00 $ 29.84
6317-015-008 R 42.00 0.00 0.00 0.00 $ 31.33
6317-015-009 R 41.00 0.00 0.00 0.00 $ 30.59
6317-015-010 R 40.00 0.00 0.00 0.00 $ 29.84
6317-015-011 R 41.00 0.00 0.00 0.00 $ 30.59
6317-015-012 R 61.00 0.00 0.00 0.00 $ 45.51
6317-015-015 R 40.00 0.00 0.00 0.00 $ 29.84
6317-015-016 R 41.00 0.00 0.00 0.00 $ 30.59
6317-015-017 R 41.00 0.00 0.00 0.00 $ 30.59
6317-015-018 R 41.00 0.00 0.00 0.00 $ 30.59
6317-015-019 R 40.00 0.00 0.00 0.00 $ 29.84
6317-015-020 R 41.00 0.00 0.00 0.00 $ 30.59
6317-015-021 R 42.00 122.00 0.00 0.00 $ 76.84
6317-015-025 R 40.00 0.00 0.00 0.00 $ 29.84
6317-015-026 R 40.00 0.00 0.00 0.00 $ 29.84
6317-015-027 R 54.00 0.00 0.00 0.00 $ 40.28
6317-015-028 R 39.00 0.00 0.00 0.00 $ 29.09
6317-015-029 R 39.00 68.00 0.00 0.00 $ 54.46
6317-015-030 R 48.00 0.00 0.00 0.00 $ 35.81
6317-015-031 R 43.00 0.00 0.00 0.00 $ 32.08
6317-015-032 R 61.00 0.00 0.00 0.00 $ 45.51
6317-016-006 C 42.00 0.00 0.00 0.00 $ 62.66

City of Maywood
Street Lighting Assessment District
Fiscal Year 2025-26 Assessment Roll
APN Zone
Total
Frontage-1 Frontage-3 Frontage-2 Frontage-4 Assessment
6317-016-007 C 40.00 0.00 0.00 0.00 $ 59.68
6317-016-010 R 40.00 0.00 0.00 0.00 $ 29.84
6317-016-013 C 122.00 133.00 0.00 0.00 $ 281.24
6317-016-014 R 122.00 133.00 0.00 0.00 $ 140.62
6317-016-016 C 426.00 733.00 0.00 0.00 $1,182.41
6318-011-002 C 50.00 0.00 0.00 0.00 $ 74.60
6318-011-003 C 41.00 0.00 0.00 0.00 $ 61.17
6318-011-004 C 50.00 0.00 0.00 0.00 $ 74.60
6318-011-005 C 50.00 0.00 0.00 0.00 $ 74.60
6318-011-006 C 50.00 0.00 0.00 0.00 $ 74.60
6318-011-007 C 50.00 0.00 0.00 0.00 $ 74.60
6318-011-008 C 75.00 118.00 0.00 0.00 $ 199.93
6318-011-034 C 46.00 104.00 0.00 0.00 $ 146.22
6318-012-001 C 122.00 125.00 0.00 0.00 $ 275.27
6318-012-002 I 42.00 0.00 0.00 0.00 $ 47.00
6318-012-003 I 40.00 0.00 0.00 0.00 $ 44.76
6318-012-004 C 40.00 0.00 0.00 0.00 $ 59.68
6318-012-010 C 59.00 0.00 0.00 0.00 $ 88.03
6318-012-011 C 60.00 85.00 0.00 0.00 $ 152.93
6318-012-012 R 40.00 0.00 0.00 0.00 $ 29.84
6318-012-029 C 122.00 0.00 0.00 0.00 $ 182.02
6318-012-032 C 42.00 0.00 0.00 0.00 $ 62.66
6318-012-033 C 80.00 0.00 0.00 0.00 $ 119.36
6318-033-019 C 40.00 0.00 0.00 0.00 $ 59.68
6318-033-020 C 40.00 0.00 0.00 0.00 $ 59.68
6318-033-021 C 90.00 0.00 0.00 0.00 $ 134.28
6318-033-022 C 30.00 0.00 0.00 0.00 $ 44.76
6318-033-023 C 107.00 145.00 0.00 0.00 $ 267.81
6318-033-040 C 265.00 107.00 0.00 0.00 $ 475.20
6318-034-001 C 180.00 107.00 0.00 0.00 $ 348.38
6318-034-002 C 50.00 0.00 0.00 0.00 $ 74.60
6318-034-003 C 75.00 0.00 0.00 0.00 $ 111.90
6318-034-024 C 25.00 0.00 0.00 0.00 $ 37.30
6318-034-025 C 25.00 0.00 0.00 0.00 $ 37.30
6318-034-049 C 100.00 0.00 0.00 0.00 $ 149.20
6318-034-051 C 55.00 0.00 0.00 0.00 $ 82.06
6318-034-052 C 100.00 107.00 0.00 0.00 $ 229.02
3,232 Parcels $174,519.51

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 8.

DATE: May 28, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: OKAN DEMIRCI, CITY ENGINEER
SUBJECT: CONSIDERATION OF ADOPTING RESOLUTION NO. 6415 APPROVING FISCAL YEAR 2025-2026 STREET REHABILITATION PROJECT LIST UNDER THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 (SB1)
RECOMMENDATION:

Staff recommends that City Council adopt Resolution No. 6415 approving a list of projects for Fiscal Year 2025-2026 funded by SB 1: The Road Repair and Accountability Act of 2017.

BACKGROUND:

On April 28, 2017, the Governor signed Senate Bill (SB) 1 (Beal, Chapter 5, Statute 2017), which is known as the Road Repair and Accountability Act of 2017 to address basic road maintenance, rehabilitation and critical safety needs on both the state highway and local streets and road system. SB1 increases per gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years. A percentage of the RMRA funding is apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code (SHC) Section 2032 (h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and road systems.

Road Maintenance and Rehabilitation Account (RMRA), SB 1 Beall The Road Repair and Accountability Act of 2017 (SB1 Beall) is a significant new investment in California's transportation systems of about $5.2 billion per year. The Act increases per gallon fuel excise taxes, diesel fuel sales taxes and vehicle registration taxes, stabilizes the problematic price-based fuel tax rates and provides for inflationary adjustments to rates in future years. The Act will more than double local streets and road funds allocated through the Highway Users Tax Account, allocating funds from new taxes through a new "Road Maintenance and Rehabilitation Account (RMRA). Pursuant to Streets and Highways Code Section 2030, RMRA local streets and roads allocations must be used for projects "that include, but are not limited to," the following:
• Road maintenance and rehabilitation
• Safety projects
• Railroad grade separations
• Traffic control devices
• Complete street components, "including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and storm-water capture projects in conjunction with any other

allowable project."
Maintenance of Effort: RMRA
The Road Repair and Accountability Act contains a local agency maintenance of effort (MOE) requirement that applies to funds allocated through the RMRA. The Act states that the MOE requirement is to ensure that these new road funds do not supplant existing levels of city and county general revenue spending on streets and roads. The MOE for the receipt of RMRA funds state that a city or county must maintain general fund spending for street, road, and highway purposes at no less than the average of three years. In making this calculation an agency may exclude one-time funds. A city or county that fails to comply in a particular year may make it up with additional expenditures in the following year. The Act provides that the State Controller may perform audits to ensure compliance with these MOE rules. If the State Controller determines that a city or county has not met its MOE, the agency will be required to reimburse the state for the funds it received during that fiscal year. However, a city or county that fails to comply in a particular fiscal year may expend during that fiscal year and the following fiscal year a total amount that is sufficient to comply. Any funds withheld or returned as a result of a failure to comply will be reapportioned to the other counties and cities whose expenditures are in compliance.

Spending Plans and Reports: RMRA
The Road Repair and Accountability Act stipulates that, prior to receiving RMRA funds in a fiscal year, a city or county must submit to the California Transportation Commission (CTC) a project list pursuant to an adopted budget. The list must include for each project: description, location, schedule, useful life. [Streets and Highways Code Sec 2034(a)] The Road Repair and Accountability Act also requires that a city or county submit to the CTC an annual report of project completion in order to receive RMRA funds. The report must include descriptions of all projects for which RMRA funds were expended including: description, location, funds expended, completion date, estimated useful life of the project.

DISCUSSION:

The state of California imposes per‐gallon excise taxes on gasoline and diesel fuel, sales taxes on gasoline and diesel fuel, and registration taxes on motor vehicles with allocation dedicated to transportation purposes.

These allocations flow through the Highway Users Tax Account (HUTA). Cities and counties receive revenue from the motor vehicle fuel taxes imposed pursuant to Revenue and Taxation Code Section 7360(a) and (b) through the Highway User Tax accounting under the following formulas as outlined in the Streets and Highways code.

The City of Maywood allocation for FY 2025/26 is estimated to be $659,278.

The City’s required local MOE amount is estimated to be $98,083.

The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2025-26 Road Maintenance and Rehabilitation Account revenues:
• FY 2025-26 Pavement Rehabilitation Project: Roadway rehabilitation including asphalt coldmill & overlay and slurry seal at streets identified on City’s Pavement Management System. Streets include select segments of 52nd Pl, 53rd St, 58th St, 60th St, 60th Pl, Corona Ave, Fishburn Ave, Prospect Ave, Vinevale Ave, Woodlawn Ave.

The following previously proposed and adopted project will utilize Fiscal Year 2025-26 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:
• FY 2024-25 Pavement Rehabilitation Project: Roadway rehabilitation including asphalt coldmill and overlay and slurry seal at streets identified on City’s Pavement Management System. Streets include select segments of 52nd St, 53rd St, 55th St, 58th St, 60th St, Everett Ave, King Ave, Clarkson Ave,

Woodward Ave, Heliotrope Ave.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

The proposed project will be fully funded by the special revenue fund and Road Maintenance Rehab Account.

The expected RMRA allocation for FY 25-26 will be $659,278. The required Maintenance of Effort for our streets in the amount of $98,083 will be funded through the general fund.

ATTACHMENT(S)

1. Resolution No. 6415 Approval of SB1 Streets FY 25-26

RESOLUTION NO. 6415

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MAYWOOD, CALIFORNIA, APPROVING A LIST OF
PROJECTS FOR FISCAL YEAR 2025-26 FUNDED BY SB
1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF
2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $659,278 in RMRA funding in Fiscal Year 2025-26 from SB 1; and
WHEREAS, SB 1 funding will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System (StreetSaver) to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate the following streets listed below throughout the City this year; and WHEREAS, the 2021 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in a “good” condition and this revenue will help us increase the overall quality of our road system and over the next

- 2 -
decade will bring our streets and roads into a better condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

THE CITY COUNCIL OF THE CITY OF MAYWOOD HEREBY RESOLVES AS FOLLOWS:

Section 1. The foregoing recitals are true and correct.

Section 2. The following list of newly proposed projects will be funded in-part or solely with fiscal year 2025-26 Road Maintenance and Rehabilitation Account revenues:

Project Title: FY 2025-26 Pavement Rehabilitation Project Project Description: Roadway rehabilitation including asphalt coldmill & overlay and slurry seal at streets identified on City’s Pavement Management System.

Project Location: 52nd Pl, 53rd St, 58th St, 60th St, 60th Pl, Corona Ave, Fishburn Ave, Prospect Ave, Vinevale Ave, Woodlawn Ave
Estimated Project Schedule: Start (08/2025)– Completion (06/2026) Estimated Project Useful Life: 7-15 years
Section 3. The previously proposed and adopted projects may utilize fiscal year 2025-26 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

Project Title: FY 2024-25 Pavement Rehabilitation Project Project Description: Roadway rehabilitation including asphalt coldmill & overlay and slurry seal at streets identified on City’s Pavement Management System.

Project Location: 52nd St, 53rd St, 55th St, 58th St, 60th St, Everett Ave, King Ave, Clarkson Ave, Woodward Ave, Heliotrope Ave
Estimated Project Schedule: Start (06/2024)– Completion (08/2025) Estimated Project Useful Life: 7-15 years
PASSED, APPROVED AND ADOPTED THIS 28th day of May 2025. _________________________

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Mayra Aguiluz, Mayor
ATTEST:
___________________________
Miguel Leon, Deputy City Clerk
APPROVED AS TO FORM:
___________________________
Roxanne Diaz, City Attorney

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STATE OF CALIFORNIA
I, Miguel Leon, Deputy City Clerk of the City of Maywood, do hereby certify that the foregoing Resolution No. 6415 was adopted at a regular meeting of the City Council of the City of Maywood held on the 28th day of May, 2025 by the following vote:

AYES:

NAYES:

ABSENT:

ABSTAINED:
____________________________________
Miguel Leon, Deputy City Clerk

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 9.

DATE: May 28, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: KAREN INIGUEZ, ADMINISTRATIVE ANALYST
SUBJECT: APPROVAL FOR THE ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) FOR

MUNICIPAL ENGINEERING AND TRAFFIC ENGINEERING SERVICES
RECOMMENDATION:

Staff recommends that the City Council authorize the issuance of a Request for Proposals (RFP) for Municipal Engineering and Traffic Engineering Services.

BACKGROUND:

On September 1, 2020, the City entered into an agreement with consultant Transtech Engineering for municipal engineering and traffic engineering services. This agreement is due to expire August 31, 2025.

DISCUSSION:

The RFP seeks proposals from qualified consultants to provide contract services that will consist of City Engineering and Traffic Engineering services and other related duties, including but not limited to consultation on City utilities and facilities (i.e. stormwater drainage and transportation system), consultation on development projects/permits, lead and manage the City's Capital Improvement Program, provide permit review and inspection services, and technical expertise regarding traffic signals, street lighting, traffic signs, and the issuance of encroachment and wide-load permites.

SCHEDULE DEADLINES
Release of Requests for Proposals May 29, 2025
Submittal of Questions June 13, 2025, by 3:00 p.m.

Response to Questions June 20, 2025, by 3:00 p.m.

Proposal Due Date June 30, 2025, by 3:00 p.m.

Proposal Review/Evaluation Week of June 30, 2025
Optional Interview (If Required) Week of July 7, 2025
Tentative City Council Award of Contract July 23, 2025
Tentative Start Date September 1, 2025
Staff recommends that the City Council authorize the issuance of a Request for Proposals (RFP) for municipal engineering services.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

There is no fiscal impact with the approval of this item.

ATTACHMENT(S)

1. Municipal Engineering and Traffic Engineering Services

City of Maywood
Request for Proposals
for
Municipal Engineering and
Traffic Engineering Services
Date of Issuance: May 29, 2025

RESPONSES MUST BE RECEIVED NO LATER THAN
June 30, 2025, by 3:00 pm
DELIVER OR MAIL TO:

City of Maywood
City Clerk’s Office
Attn: Miguel Leon
4319 E. Slauson Avenue
Maywood, CA 90270

1 TABLE OF CONTENTS
I. PURPOSE............................................................................................................ 1 II. BACKGROUND.................................................................................................... 1 III. GENERAL REQUIREMENTS............................................................................... 1 IV. SCOPE OF SERVICES........................................................................................ 1 V. SCHEDULE........................................................................................................ 13 VI. QUESTIONS ...................................................................................................... 13 VII. SUBMITTAL PROCEDURES ............................................................................. 13 VIII. SUBMITTAL FORMAT ....................................................................................... 14 IX. AGREEMENT FOR PROFESSIONAL SERVICES ............................................ 15 X. GENERAL ADMINISTRATIVE INFORMATION ................................................. 15 XI. SUBMITTAL DUE DATE .................................................................................... 16 XII. SELECTION PROCESS..................................................................................... 16 XIII. AUTHORITY TO WITHDRAW............................................................................ 17 XIV. AWARD OF CONTRACT ................................................................................... 17 XV. ATTACHMENTS................................................................................................. 17

1 I. PURPOSE
The contract services will consist of City Engineering and Traffic Engineering services and other related duties as directed by the City Manager, including but not limited to consultation on City utilities and facilities (i.e., stormwater drainage and transportation system), consultation on development projects/permits, lead and manage the City’s Capital Improvement Program, provide permit review and inspection services, and technical expertise regarding traffic signals, street lighting, traffic signs, and the issuance of encroachment and wide-load permits.

II. BACKGROUND
The City of Maywood is issuing this Request for Proposals (RFP) for Municipal Engineering and traffic engineering services. The City of Maywood is a General Law City, with a Council/Manager form of government. The City is located in the southeast region of Los Angeles County, is 1.18 square miles and is bordered by the cities of Bell, Vernon, Huntington Park, and Commerce.

The City Manager oversees the public works engineering function, which is managed by a contract city engineer. All engineering services, including encroachment permits, public works plan reviews, and public works inspections are provided under contract.

III. GENERAL REQUIREMENTS
a) Respondents shall have at least five (10) years of consecutive experience in engineering experience.
b) The proposed term of the contract under this RFP shall be for three years with the option to renew for two additional one-year periods at the discretion of the City. c) Respondent shall comply with the insurance requirements set forth in the form professional services agreement.

IV. SCOPE OF SERVICES
City Engineer
The firm will provide a qualified individual to serve as the City’s designated “City Engineer,” who will report directly to the City Manager. The City Engineer shall be a registered professional civil engineer in the State of California for at least the past ten (10) years and have been assigned to serve the role of City Engineer in a California municipality within the past three (3) years. The City Engineer will be available off-site for electronic or telephone communication with City staff, public officials, community leaders, developers, contractors, utilities, public agencies, and the general public. The City Engineer’s tasks may include, but not be limited to, the following:

1. Attend public meetings including, but not limited to, meetings of the City Council, and Planning Commission, and staff level meetings with City staff,

2 public officials, community leaders, developers, contractors, utilities, public agencies, and the general public.

2. Analyze the City's needs and prepare, recommend, and administer long- and short-range programs consistent with the economic capabilities of the City. This includes preparation of all documentation related to the City’s annual Capital Improvement Program (CIP) project budgets.

3. Identify current and future CIP projects, recommend those future CIP projects to the City Manager for inclusion in the upcoming fiscal year’s CIP project budget, assist with the scope, schedule, status updates, and assist with identifying funding sources for CIP projects.

4. Conduct bi-weekly CIP Update meetings, track all CIP projects, including current status, funding/budget status; coordinate with City staff and various consultants to deliver the City’s CIP projects; and assist the City Manager with the management of the City’s CIP including managing design consultants.

5. Review and comment on private development projects including private development construction plans, site plans, or subdivision maps for compliance with City adopted design standards, subdivision standards, including, but not limited to, review of the following:

A. Map Plans: Review tentative maps, final maps, easement deeds and lot line adjustments, and establish recommended Conditions of Approval. The consultant shall check and review map boundaries, metes and bounds, and field check final documentation prior to bond exoneration.

B. Hydrology and Hydraulics Plans: Review hydrology and hydraulic studies in compliance with Los Angeles County Drainage Design Standards, Hydrology Manuals, Local Drainage Manuals, and utilize appropriate Hydrology and Hydraulics software programs.

C. Street Improvement Plans: Review street, drainage, and traffic control plans in compliance with the following: City standards, Standard Plans and Specifications for Public Works Construction (Greenbook), MUTCD, Caltrans Highway Design Manual, Caltrans Traffic Manual, Caltrans Standard Plans and Specifications, Los Angeles County Hydrology Manuals, Local Drainage Manuals, the Americans with Disabilities Act, and California Title 24.

D. Structural Improvement Plans and calculations.

E. Provide general engineering consultation in connection with problems such as traffic congestion, need for traffic calming, parking issues, street sign programs, etc.

6. Recommend policies, regulations and/or ordinances pertaining to engineering matters.

7. Provide technical advice to the City's personnel assigned to Public Works maintenance activities.

3 8. Advise the City regarding engineering, construction financing, and grant funding opportunities available from other governmental agencies.

9. Make recommendations pertaining to land development project control.

10.Establish working relationships and coordination with all other public agencies and private utilities involving engineering matters affecting City.

11.Conduct field investigations of various engineering issues.

12.Assist the City with the processing of required federal, state and regional permits.

13.Assist the City with processing grant applications and administration of awarded grants.

14.Perform miscellaneous engineering tasks, feasibility studies, investigations, and other duties as directed by the City Manager.

As-Needed Traffic Engineer
The firm will provide a qualified individual to serve as the City’s designated “City Traffic Engineer” on an as-needed basis. The City Traffic Engineer shall be a registered professional traffic engineer in the State of California for at least the past ten (10) years and have been assigned to serve the role of City Traffic Engineer in a California municipality within the past three (3) years. The City Traffic Engineer’s tasks may include, but not be limited to, the following:

1. Advise and assist City's departments, commissions, committees, and the City Council on various traffic related issues and provide interface with regional and State transportation agencies.

2. Assess the potential traffic impact of proposed development/redevelopment projects.

3. When requested by the City Manager (or his/her designee), prepare engineering reports in response to requests for traffic control device installations and modifications, including, but not limited to, stop signs, crosswalks, traffic channelization, speed humps/bumps, parking restrictions, and speed zones; disabled parking requests; and any other traffic-related matters.

4. Prepare grant applications for funding from federal, state, and regional/local agencies for traffic safety studies and improvements.

5. Identify, review, and develop recommendations for corrective measures at locations experiencing accident rates higher than normally anticipated.

6. Provide technical advice to City's staff in connection with the maintenance and operation of City's traffic signal facilities.

7. Conduct or review traffic engineering, traffic analysis, speed analysis, and transportation planning studies or project-specific traffic-related issues.

8. Provide comprehensive analyses of existing and projected traffic conditions.

4 9. Provide electronic traffic control device studies and design including, but not limited to, signs, signals, pavement markings, pedestrian flashers, and rectangular rapid flashing beacons.

10.Review subdivision or new development projects involving traffic impact analyses.

11.Ensure compliance with traffic standards including, but not limited to, the CA Manual on Uniform Traffic Control Devices (CA MUTCD).

12.Perform miscellaneous traffic engineering services.

Public Works Permit Management and Inspection
The firm will provide a qualified individual to serve as the City’s designated “Public Works Inspector and the Public Works Technician.” The Public Works Inspector and Public Works Technician shall have at least three (3) years of experience conducting public works inspections for municipal right-of-way or encroachment permits and have performed public works inspection services in a California municipality within the past twelve (12) months. The Public Works Inspector’s and Public Works Technician tasks may include, but not be limited to, the following:

1. Receive, review, process Public Works permit applications; assess permit fees; and issue permits to applicants.

2. Handle public works permit and other engineering-related matters and inquiries, including responding to inquiries from permittees or potential permit applicants.

3. Provide construction inspection/observation of permit work within the public right-of way, including issuing correction notices, if necessary, and closing out finaled permits.

4. Provide a daily schedule of inspections to the Public Works Superintendent.

5. Issue stop work notices for unpermitted work.

6. Maintain a log of Public Works permits, showing the permit status.

7. Ensure permittees are complying with minimum construction BMPs to prevent construction debris from entering the storm drain system.

Public Works/CIP Project Design, Project Management & Administration, Funding Management, Construction Management, Construction Inspection, and Labor Compliance Services
The firm will provide a Public Works/CIP project design, project management & administration, funding management, construction management and inspection, and labor compliance services through qualified individuals at the request of the City Manager.

5 The firm’s design phase and construction phase staff must each have at least five (5) years of experience of providing design phase and construction phase engineering services to municipalities in California and have performed these services for California municipalities within the past twelve (12) months. Plans, specifications, engineering reports and/or studies must contain a valid registered professional engineer/architect stamp from Consultant’s staff, who shall be registered professionals in the State of California. The firm’s tasks may include, but not be limited to, the following:

1. Public Works/CIP Project Design Services:

A. General Design Services
I. Prepare preliminary and final design for Public Works/CIP projects, including, but not limited to, plans, specifications, design calculations, analyses and project design schedules as required by the conditions on the respective project.

II. Prepare plans and specifications in accordance with a format appropriate for the respective project including, but not limited to, City standard plans and specifications, “Greenbook” Standard Specifications for Public Works Construction and Standard Plans for Public Works Construction, Caltrans standards, or Construction Specifications Institute (CSI) standards.

III. Conduct all field, topographic, and control surveys; prepare all geotechnical studies and reports; obtain title reports for adjacent properties as required; and include survey by a licensed surveyor of all property lines and easements for anticipated right-of-way and easement acquisitions. All topographic survey, property lines, and easements shall be mapped and accurately provided in AutoCAD format for use during design.

IV. Provide 30% conceptual plans, as well as 60%, 90%, and 100% plans, specifications, and estimate (PS&E) submittal packages for City review.

V. Prepare project cost estimates and perform field reviews as needed.

VI. Perform peer review services for general compliance.

VII. Prepare utility coordination letters and coordinate with all utilities to obtain existing utility record plans, as-builts, schematics, etc. The existing utility information shall be shown on the final design plans.

VIII. Prepare feasibility studies as needed.

IX. Prepare final bid documents incorporating all comments from previous reviews. Final plans shall be plotted electronically to PDF in full size and shall be signed by the engineer in responsible charge licensed in the State of California.

X. Attend pre-bid meetings to address any questions about the project.

6 XI. Assist in the preparation of any necessary addenda that may be required.

XII. Review and respond to contractors Requests for Information as well as review and approve submittals.

XIII. Attend pre-construction meetings.

XIV. Review, prepare and approve shop drawings.

XV. Coordinate with pertinent regulatory agencies, stakeholders, material and equipment suppliers and assist the City with obtaining approvals and permits as may be required from applicable agencies including, but not limited to, Los Angeles County, Metropolitan Water District, Metropolitan Transportation Authority, Caltrans, or other federal, state, regional, and local agencies.

B. Environmental Compliance and Permitting - The Consultant shall be responsible for determining all environmental or jurisdictional permits and clearances required to deliver the respective project. Based on the assessment, the Consultant shall prepare, submit all required permit applications, environmental review documentation, and related documents for processing by the City; and obtain all required environmental or jurisdictional permits required by federal, state, local, and jurisdictional agencies to ensure the project is cleared for construction.

I. The Consultant shall prepare appropriate California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documentation and any associated technical studies, if applicable, that are required to clear the project for construction. The documentation may include, but not be limited to, the following:

1. Initial Study

2. Mitigated Negative Declaration

3. Negative Declaration

4. CEQA/NEPA Compliance

5. Environmental Impact Statement/Environmental Impact Report

6. Biological Assessment

7. Regulatory agency permitting
II. The Consultant shall prepare a schedule of permits with the required timelines to ensure each permit is obtained prior to the start of construction.

III. The Consultant shall prepare all environmental documents in preliminary and final draft stages for City review and shall incorporate any comments made during the preliminary document review.

7 IV. If applicable, the Consultant shall coordinate and manage the environmental document approval process, including all public review and hearings that may be required.

1. Project Management & Administration: The Consultant shall perform the following tasks:

I. Assist City staff in scoping, developing, and scheduling capital projects.

II. Prepare RFQs and RFPs, as necessary.

III. Assist City staff with coordination with other City departments, agencies, utilities, and community as required; monitoring budget and schedule; community outreach as required; and serving as the City’s owner representative in all aspects of the project process, if directed by the City Manager.

2. Funding Management:

I. The Consultant shall manage the local, state, or federal funding and reporting to the respective funding agencies including Caltrans, Metro, FHWA, FTA, HUD, State Parks, etc.

3. Construction Management and Inspection Services
A. The Consultant shall provide professional engineers/construction managers with significant experience in administering Public Works/CIP projects. The proposed Consultant staff will be well versed in all aspects of construction administration including, but not limited to, project scheduling, project controls, project management, partnering, and claims resolution, in order to ensure project completion on time and within the established budget of the respective project. Projects in the City vary in size, magnitude, and scope including, but not limited to, street improvements, facility improvements, park improvements, storm drain, pipeline or utility improvements, and traffic signal improvements. The Consultant shall provide experienced personnel, equipment, and facilities to perform the following tasks:

I. Provide and maintain contract administration and full-time project inspection for the duration of each respective project.

II. Coordinate meetings with City representatives, contractors, and other agencies related to the project, including scheduling and chairing of preconstruction meetings and progress meetings; providing assistance in responding to all questions in a timely manner and preparing meeting minutes.

III. Establish coordination and communication procedures among project participants.

8 IV. Provide videotape and photographic documentation of project site prior to and during construction.

V. Assist the City’s representatives in conducting and coordinating field meetings with contractors and act as the City’s liaison for coordination and communication with other agencies, engineers, and architects as needed.

VI. Coordinate with design engineers and project managers on design issues encountered during construction.

VII. Coordinate and facilitate coordination with utility companies and the contractor.

VIII. Provide public outreach services as required.

IX. Review the project contract documents and perform a constructability review.

X. Review the contractor's submittals in accordance with the requirements of the project specifications and the City’s requirements prior to final approval.

XI. Review and respond to all project Requests for Information (RFIs) in a timely manner.

XII. Review and facilitate submittals and shop drawings.

XIII. Establish and implement procedures for processing and expediting RFIs/Requests for Clarification (RFCs), approval of shop drawing submittals, approval of material and equipment sample submittals, approval of contract schedule adjustments, negotiate and recommend for approval of change orders, substitutions and review and recommend for approval of payment requests; and provide document management including maintain logs for RFIs/RFCs, change orders, submittals, Requests for Quotations, Correction Notices, Stop Work Notices, and other related construction documents.

XIV. Log compliance with environmental documentation and stormwater compliance, including the proper implementation of construction stormwater best management practices (BMPs).

XV. Review, negotiate, process, and monitor contract change orders with the City’s approval.

XVI. Review extra work invoices and time and material tickets.

XVII. Provide construction inspection and quality control services; including ensuring the scheduling of any applicable specialty inspections that may be required for a project, including for concrete work, electrical/telemetry, structural, and equipment testing; and ensure specialty inspectors have all necessary certifications.

9 XVIII. Ensure the contractor is complying with all applicable permitting requirements, agency requirements, local regulations, and utility requirements.

XIX. Verify that contractor used proper materials and equipment, and that all street and facility construction, street restoration, and site improvements are properly completed in accordance with the plans and specifications.

XX. Verify protection of existing survey monuments and their restoration, including informing the contractor of these requirements at the preconstruction meeting.

XXI. Ensure the contractor is implementing minimum construction BMPs or BMPs prescribed by the construction SWPPP for sites covered by the State General Construction Activity Stormwater Permit.

XXII. Provide construction material testing, geotechnical testing, and compaction testing.

XXIII. Review material testing for compliance with the contract documents.

XXIV. Monitor the contractor’s safety program and performance as required for compliance with Cal/OSHA; and identify and issue notices to the contractor for any safety concerns or violations.

XXV. Participate and assist in conducting final inspection, testing, and release of facilities.

XXVI. Review and approve record drawings at project completion.

XXVII. Assist in preparation of daily pay estimates in accordance with the inspection daily report.

XXVIII. Assist in preparation of contractor’s monthly pay estimates.

XXIX. Report all unresolved issues and potential claims to the City’s representative in writing on daily basis; evaluate all contractor claims and coordinate the resolution of conflicts in the plans and/or specifications, contractor-suggested design changes, and design changes necessitated by unforeseen field conditions.

XXX. Review contractor’s CPM schedule and monitor updates on a weekly basis.

XXXI. Provide weekly status updates and comprehensive monthly reports with construction updates; with the monthly reports consisting of the project progress, any compliance issues, and most recent logs for submittals, change orders, RFIs, materials testing, project photos, and any other pertinent information concerning the status of the project.

XXXII. Prepare the preliminary and final project punch list and verify completion of punch list items by the contractor for final acceptance by the City.

10 XXXIII. Monitor the maintenance of the project record drawings during construction and the final preparation of “as-built” drawings after project completion.

XXXIV. Assist in project closeout; prepare all documentation needed for project closeout, including assembling all warranties, guarantees, and operation and maintenance manuals.

XXXV. Submit a final construction management report summarizing the project history, including major problems, claims and recommendations, and actions taken for corrective action.

XXXVI. For most typical Public Works/CIP projects, full time inspection will be 8 hours per day and construction management will be 4 hours per day for the duration of the project; subject to modification based on the actual project scope.

4. Labor Compliance:

A. The Consultant shall provide these services. These services shall include, but not be limited to, the following:

I. Provide labor compliance services for construction project activities with reporting as required by federal, state, or county regulations as needed.

II. Review certified payroll and conduct on-site interviews as required.

III. Prepare final reporting documents in a format in accordance with granting agency requirements.

IV. Assist the City in preparing for any project audits.

V. Attend audits in support of staff and ensure that the proper documents are available.

As-Needed Other/Additional Public Works Engineering Services At times, the City may require other/additional Public Works engineering and administrative services. The firm will provide as-needed other/additional Public Works engineering services through qualified individuals at the request of the City Manager. The firm’s tasks may include, but are not limited to, the following:

1. Project administration, grant administration, and contract administration for projects or programs not related to CIP Projects

2. Miscellaneous engineering services as needs arise.

11 Public Works Functions
Function Description
Street Repair Potholes and basic repair performed by City staff and L.A. County staff under contract; larger scale repairs or projects and CIP’s performed by L.A. County staff or contractor.

Sidewalk
Repair
Grinding/ramping performed by City staff and L.A. County staff under contract; short segment replacement performed by City staff; long segment or complex replacement performed by contractor.

Streetlights City-owned streetlights maintained by contractor, Edison owned/ non-city owned streetlights maintained by Edison.

Traffic Signals Maintained by the contractor.

Street and
Traffic signs
Maintained by City Staff.

Street Striping
and legends
Simple striping and legends maintained by City staff and by contractor.

Storm Drains City-owned catch basins and lines maintained by city staff and contractor; County owned lines and catch basins maintained by county.

Sewer Service City-owned lines are maintained by LA County.

Water Service Water lines owned and operated by three separate water purveyors: no City-owned lines or service.

12 Method of Compensation – Cost Proposal
Other services as required (hourly cost – inclusive of all ancillary costs, list position/name)
Engineer _____________________ $ _________________
_____________________________ $ _________________
_____________________________ $ _________________
_____________________________ $ _________________
_____________________________ $ _________________
_____________________________ $ _________________
_____________________________ $ _________________
_____________________________ $ _________________
_____________________________ $ _________________
_____________________________ $ _________________

13 V. SCHEDULE
Deadlines
Release of Requests for Proposals May 29, 2025
Submittal of Questions June 13, 2025, by 3:00 pm
Response to Questions June 20, 2025, by 3:00 pm
Proposal Due Date June 30, 2025, by 3:00 pm
Proposal Review/Evaluation Week of June 30, 2025
Optional Interview (if required) Week of July 7, 2025
Tentative City Council award of Contract July 23, 2015
Tentative Start date September 1, 2025
* 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: Miguel Leon
4319 Slauson Avenue
Maywood, CA 90270
Separate files shall be submitted for 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

14 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. The proposal shall not exceed 50 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 Organization, its size and structure, the number and location of offices, and general operational structure, as well as its management and key personnel. 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 at least three references that received similar services at a minimum over the last five years. Include name of organization, contact name, telephone number and email address.
c. 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. d. 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.
e. 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

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

B. COST PROPOSAL

1. Detailed Cost Proposal
a. Respondent shall submit a detailed cost proposal that shall include all tasks required to perform the Scope of Services. The cost proposal shall indicate how the City will be charged for services (i.e. unit, hourly or flat rate basis as appropriate) for the term of the contract, including any extensions. Costs should include all services and materials if any, needed to perform the Scope of Services.
b. As it relates to the services under this RFP, if Respondent is proposing to provide the services on an hourly basis, the cost proposal shall identify the hourly rate for the personnel needed to complete the Scope of Services. c. In addition, Respondent shall also submit the rates/compensation for any “additional services” that Respondent can provide.

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, that Respondent can provide engineering services, permit management and inspection services, and other public works design 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:

16 • 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 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 V - Schedule" of this RFP. Respondents must submit the completed proposal through planet bids. Submittals with incomplete proposals 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.

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

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

2. Other criteria shall include, but not be limited to:
a. Quality and completeness of proposal
b. Qualifications and experience of proposer, including experience and qualifications of key personnel and staff
c. Similar experience and expertise in the type of work required, with the City or with other public agencies
d. Demonstrated understanding of the scope of services requested as well as capacity of respondent
e. References
f. Financial stability of proposer
g. Cost to the City
h. Oral interviews, if applicable.
i. Any other factors determined by the City to be relevant to the performance of these services.

XIII. AUTHORITY TO WITHDRAW
The City of Maywood reserves the right to withdraw this Request for Proposals without prior notice. The City of Maywood makes no representation that any agreement will be awarded to any Respondent as a result of having responded to this request. All proposals submitted to the City of Maywood in response to this RFP shall become the property of the City and will not be returned.

XIV. AWARD OF CONTRACT
Based on the outcome of the evaluation committee’s evaluation of the proposals, a recommendation will be submitted to the City Council for consideration of award. An award of a contract occurs when the contract is approved by the Maywood City Council.

Selection of a respondent with whom the City enters into contract negotiations with or a recommendation of an award by the evaluation committee or any other party, does not constitute an award of a contract. The contract shall be in accordance with the attached Agreement.

XV. ATTACHMENTS
Attachment 1. Form Professional Services Agreement

ATTACHMENT 1
Form Professional Services Agreement

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

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

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

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

The Parties therefore agree as follows:

1. Consultant’s Services.

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

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

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

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

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

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

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

2. Term of Agreement. The term of this Agreement shall be from the Effective Date through _________________, unless sooner terminated as provided in Section 12 of this Agreement or extended.

3. Compensation.

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

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

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

4. Method of Payment.

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

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

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

5. Independent Consultant. Consultant is, and shall at all times remain as to City, a wholly independent Consultant. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City.

6. Information and Documents.

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

B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for

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

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

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

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

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

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

A. Indemnities.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials,

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officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent Consultants in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subconsultants, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.

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

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

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

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

9. Insurance.

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

B. Acceptability of Insurers. The insurance policies required under this Section shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide or

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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 Consultant and Consultant’s employees, agents or subconsultants from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.

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

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

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

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

I. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City’s Risk Manager or such other official designed by the City Manager with a certificate or certificates of insurance and all original

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endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.

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

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

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

10. Mutual Cooperation.

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

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

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

12. Termination of Agreement.

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

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at any time, at will, for any reason or no reason, after giving written notice to City at least 60 calendar days before the termination is to be effective.

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

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

14. Default.

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

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

15. Notices. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during Consultant’s and City’s regular business hours, or (c) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:

If to City: If to Consultant:

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

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

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

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

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

20. Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation

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claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subconsultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subconsultants and agents.

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

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

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

24. Entire Agreement and Modification of Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by both Parties.

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

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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]

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The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.

City:

City of Maywood,
a California municipal corporation
By:

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

By:

Gerardo Mayagoitia, City Clerk
APPROVED AS TO FORM:

By:

Roxanne Diaz, City Attorney
Consultant:
_________________________
By:

Name: ___________________
Title: ____________________

A-1
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EXHIBIT A

SCOPE OF SERVICES

B-1
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EXHIBIT B

COMPENSATION

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AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 10.

DATE: May 28, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: JERRY GOMEZ, PUBLIC WORKS SUPERINTENDENT
SUBJECT: APPROVE THE AMENDED AND RESTATED JOINT EXERCISE OF POWERS

AUTHORITY AGREEMENT FOR THE LOS ANGELES GATEWAY REGION

INTEGRATED REGIONAL WATER MANAGEMENT AUTHORITY
RECOMMENDATION:

It is recommended that the City Council approve the Amended and Restated Joint Exercise of Powers Authority Agreement for the Los Angeles Gateway Region Integrated Regional Water Management Authority (GWMA) in the form approved by the City Attorney and authorize the City Manager to execute the agreement.

BACKGROUND:

The Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (“Gateway Water Management Authority” or “GWMA”) was established in 2007 by a Joint Powers Authority Agreement (“JPA”). The agency was formed to address the state’s efforts that encouraged and prioritized regional, multiparty, and/or multi-benefit projects for competitive funding. Because GWMA’s membership and responsibilities have grown and evolved since its inception, the JPA Agreement is now being amended to best reflect current and anticipated activities, roles, and responsibilities.

On April 10, 2025, GWMA’s Governing Board approved the attached Amended and Restated JPA Agreement by a super-majority vote. Each member is now requested to formally adopt the updated JPA Agreement, as presented.

DISCUSSION:

The Gateway Water Management Authority was formed in 2007 to address water supply reliability, water quality, stormwater, and flood control in the Gateway Region of Los Angeles County. With a population of more than 2 million people, GWMA members have successfully worked together to develop regional projects, and seek and receive local, state and/or federal funds to support those projects.

GWMA members are made up of Gateway cities and water agencies that represent distinctive hydrogeological, topographic, demographic, political, and economic elements. Membership in the GWMA has proven to successfully communicate the Gateway region’s needs with a single voice increasing opportunities for project and funding partners.

Since its inception, GWMA’s membership has increased and GWMA’s role has evolved significantly.

Currently, membership has grown to 28 cities and water agencies. With that growth, GWMA has been able to respond to the changing water conditions and challenges in Southern California. In addition to developing

regional projects and seeking grant funds to support them, GWMA continues its critical role as part of the Greater Los Angeles County Integrated Regional Water Management ensuring that the Gateway region’s voice is always heard. Further, GWMA’s added role since 2012 has been to facilitate and administratively support watershed stormwater compliance programs under the MS4 Permit for the Lower Los Angeles River, Lower San Gabriel River, Los Cerritos Channel and several other regional groups of cities working together to comply with the MS4 Permit for monitoring/reporting harbor stormwater flows.

In 2024, GWMA staff and legal counsel provided several updates regarding the proposed modifications to the JPA Agreement. These changes include board member terms and allowing for up to three alternates; updating the list of members cities/agencies; defining a super-majority vote for certain board actions; and no longer requiring a lead agency to be appointed to conduct the financial/contractual affairs of GWMA (which have been done in-house since 2014).

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

There is no change in annual dues from prior fiscal years. Annual dues will continue to be assessed and approved by a super-majority vote of the GWMA Board in order to support the ongoing work of the GWMA.

ATTACHMENT(S)

1. Amended and Restated GWMA JPA Agreement FINAL april 2025

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AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT FOR

THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER

MANAGEMENT AUTHORITY

THIS AMENDED AND RESTATED JOINT EXERCISE OF POWERS
AGREEMENT (“Agreement”), dated for reference as of April 10, 2025, is entered into by and between the Cities of Artesia, Bell, Bell Gardens, Bellflower, Cerritos, Commerce, Compton, Cudahy, Downey, Hawaiian Gardens, Huntington Park, La Mirada, Lakewood, Long Beach, Lynwood, Maywood, Montebello, Norwalk, Paramount, Pico Rivera, Santa Fe Springs, Signal Hill, South Gate, Vernon, and Whittier, the Central Basin Municipal Water District, the Long Beach Public Utilities Department (acting through its Board of Public Utilities Commissioners), and the Water Replenishment District of Southern California, all of which are public agencies and/or municipal corporations. Each of the foregoing are sometimes referred to herein as “Member”, or collectively as “Members.”

RECITALS
(i) In 2007, the cities of Cerritos, Downey, Lakewood, Long Beach, Norwalk, Paramount, Santa Fe Springs, Signal Hill, and South Gate initially entered into a Joint Exercise of Powers Agreement (“Original Agreement”) and created the Los Angeles Gateway Region Integrated Regional Water Management Authority (“GWMA”). Since its creation, additional Members, as listed above in the preamble, have been added to the GWMA pursuant to the provisions of the Original Agreement.
(ii) Each Member is a “public agency,” as defined in the Joint Exercise of Powers Act, California Government Code Section 6500, et seq., and all are authorized to enter into this Agreement in order to exercise powers common to these public agencies. (iii) This Agreement creates a public entity, separate from its Members, that is capable of carrying out the purposes of this Agreement.
(iv) Each Member is a “local agency,” as defined in the Integrated Regional Water Management Planning Act, California Water Code Section 10530, et seq. (“IRWMPA”). As of the effective date of this Agreement, all Members function within the County of Los Angeles. (v) It remains the intent of the Members in entering into this Agreement to operate as a “regional water management group,” as defined in and authorized by the IRWMPA, in order to (a) implement a regional water resources management plan that will protect and enhance regional water supplies, and to otherwise further the purposes of the IRWMPA, with respect to the Members’ jurisdictional areas (collectively, “Gateway Region”) and (b) perform other regional responsibilities for water development and management, as described herein. (vi) All of the cities which are Members are permittees under the “Waste Discharge Requirements and National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles and Ventura Counties,” NPDES Permit No. CAS004004 (“MS4 Permit”), as amended from time to time by the California Regional Water Quality Control Board, Los Angeles Region.

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(vii) The Members desire to amend and restate the Original Agreement in order to further state their intent to cooperate with each other to implement certain portions of the Watershed Management Programs and Coordinated Integrated Monitoring Programs, as those programs are described in the MS4 Permit, and to perform such other responsibilities for water quality, as described herein.
(viii) The Members acknowledge that the GWMA may contract and cooperate with other regional water management groups and agencies to develop, administer, update, and implement, an Integrated Water Management Plan for the Greater Los Angeles County area.

AGREEMENT
NOW, THEREFORE, in consideration of the promises, terms, conditions and covenants contained herein, the parties agree as follows:

1. Recitals Incorporated. The recitals set forth above, are hereby incorporated by reference and made a part of this Agreement.

2. Purposes. This Agreement is made pursuant to the provisions of the Joint Exercise of Powers Act, relating to the exercise of powers common to the Members. The purpose of this Agreement is to jointly exercise the powers set forth herein as to the Gateway Region, and, acting as a “regional water management group,” to jointly prepare, contract for the preparation and implementation of, and/or adopt a “regional plan” for the management of water resources, and for implementation and operation of “qualified projects or programs,” and/or the preparation of “qualified reports and studies,” as those quoted terms are defined in the IRWMPA. In accordance with the IRWMPA, the regional water resources management plan may more specifically address any of the matters set forth and more fully described in California Water Code Section 10540(c) including, but not limited to, the following: ground water management planning; urban water management planning; the preparation of a water supply assessment; the planning, construction or modification of a flood management project; the planning, construction or modification of a water recycling project; the planning, construction or modification of a domestic water supply facility to meet safe drinking water standards; the planning, construction or modification of a drainage water management unit, and/or the implementation of a water conservation program. In addition, the purpose of this Agreement is to implement and from time to time revise certain portions of the Watershed Management Programs and Coordinated Integrated Monitoring Programs, as those programs are described in the MS4 Permit, that have been developed by the Members and to perform such other responsibilities to promote water quality within the Gateway Region. Notwithstanding the citation of specific legal authority for the foregoing, the Authority may exercise any other statutory authority which may now exist or be subsequently enacted to deal with ground water, storm water, water recharge, water recycling, water supply, water storage, water treatment, water drainage, water conservation or any related urban water management subject within the purview of local or regional water agencies and MS4 operators.

3. Establishment. Pursuant to the Joint Exercise of Powers Act, the Original Agreement established a Joint Powers Authority which is a regional water management group and a public entity separate from the parties to this Agreement. The name of the entity is the “Los Angeles Gateway Region Integrated Regional Water Management Authority” and may be referred to as the “Gateway Water Management Authority.” The GWMA shall carry out its functions through a Governing Board, as described in this Agreement.

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4. Term of Agreement. This amended and restated Agreement is effective as of the latest date by which a super-majority of the Members, acting through their legislative bodies, adopt resolutions approving this amended and restated Agreement and thereafter having executed this Agreement, and shall continue in full force and effect for so long as no less than three (3) such Members remain, or until terminated by unanimous consent, provided that all liabilities of the GWMA have been satisfied and all assets of the GWMA have been distributed. A supermajority for purposes of this Section 4 shall mean the affirmative vote of two-thirds (2/3) of the Members.

5. Restriction on Exercise of Powers. Pursuant to and to the extent required by California Government Code Section 6509, the GWMA shall be restricted in the exercise of its powers to the same extent as the City of Long Beach is restricted in its exercise of powers hereunder; provided that, if the City of Long Beach ceases to be a Member, then the GWMA shall be restricted in its exercise of powers to the same extent as the City of Downey is restricted in its exercise of powers hereunder; in that the aforesaid cities are charter cities with statutory authority over a water supply.

6. Governing Board. The governing body of the GWMA is the Governing Board which is comprised of one representative from each Member, but such representative need not be a member of the legislative body of such public agency if approved by resolution of the legislative body of the Member. The Governing Board shall oversee the activities of the GWMA and shall act consistent with and in furtherance of the purposes of this Agreement and the GWMA. (a) Appointment. The legislative body of each of the Member shall appoint one member of the Governing Board and may appoint up to three alternate Board members. If neither the Governing Board member nor the Member’s alternate(s) can attend a scheduled meeting, one time per year the chief executive (e.g., city manager) or the assistant chief executive of such Member may designate in writing a representative for that meeting who may attend and participate in that meeting as if he or she was a Governing Board member. (b) Term of Members. Each member and alternate member of the Governing Board serves until removed by the applicable Member’s legislative body. Board members and alternates may be removed at any time by the appointing Member’s legislative body. Vacancies shall be filled in the same manner as the original appointment. (c) Compensation. Governing Board members receive no compensation for attending required meetings.
(d) Voting. Each Governing Board member shall have one (1) vote. If a Board member cannot attend a meeting, the alternate attending shall be fully empowered to act as the Governing Board member for the meeting so attended. Actions taken by the Governing Board shall require a majority or super-majority vote as provided below in Section (e). (e) Quorum. A majority of the Governing Board must be present to constitute a quorum. No action will be valid unless it has received the affirmative vote of the majority of those Governing Board members present, except where a super-majority vote is specified. Where a super-majority vote is specified herein, it shall mean the affirmative vote of two-thirds (2/3) of the Governing Board members present.
(f) Responsibilities. The Governing Board will:

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(1) Determine general policy for GWMA activities.
(2) Act on behalf of all Members in adopting strategies to pursue the purposes of the GWMA and implement such strategies.
(3) Approve a budget to expend funds necessary to exercise the powers and achieve the purposes of the GWMA, as set forth in this Agreement, and as otherwise provided by law. A super-majority vote shall be required to adopt a budget or assess the contribution of costs or to purchase or long-term lease any real property. (4) Ensure that projects and programs that are undertaken are in the best interest of the residents served by the GWMA.
(5) Authorize expenditures of funds in accordance with budget and any purchasing procedures adopted by the Governing Board.
(6) Share costs equally among the Members, except as otherwise provided herein.
(7) Approve or deny applications from local public agencies for admission to the GWMA or expel a member from the GWMA.
(8) Adopt by-laws, rules and regulations governing operations of the GWMA.
(9) Appoint such ad hoc or standing committees of its Members as it may deem appropriate, all in uniformity with the Ralph M. Brown Act (Sections 54950 et seq.). (g) Meetings. The Governing Board shall conduct regular and special meetings in accordance with the Ralph M. Brown Act, commencing with California Government Code Section 54950, or any successor provision thereto. It shall hold at least one (1) regular meeting in each year and such additional meetings as may be necessary to accomplish the purposes specified herein. Regular meetings shall be held at such location as the Governing Board may determine by Resolution. Minutes shall be kept of all meetings of the GWMA and shall be provided to the Members and made available to the public. Meetings shall be conducted in accordance with rules of procedure adopted by the Governing Board (the most current edition of “Roberts Rules of Order” as of the effective date of this Agreement).

Except as specifically provided elsewhere in this Agreement, any rule of procedure affecting the order of business may be suspended with the approval of a majority of Board members then voting.

7. Organization.
(a) Officers. The Governing Board shall elect a chair, a vice-chair, treasurer and/or such other officers as the Board shall find appropriate. The Governing Board shall also appoint a secretary, who need not be a member of the Governing Board. Each officer shall serve at the pleasure of the Governing Board. Upon approval by the Governing Board, all contracts, deeds and other official documents on behalf of the GWMA shall be executed by the Chair or the Executive Officer, and attested to by the Secretary and approved as to form by GWMA’s legal counsel or other appropriate officer.

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(b) Employees. The Governing Board may appoint an Executive Officer, controller, clerk, legal counsel or other employees as it deems appropriate and may establish the duties and compensation of such employees. The Governing Board may choose to utilize the services of employees of the Members by appointing a Lead Agency, as described below, and, if required, compensate the Member accordingly, or may directly appoint and employ its own staff.

If the GWMA directly employs employees, the Governing Board shall adopt a personnel system establishing rules and regulations comparable to the public sector generally. (c) Finances. The Governing Board shall appoint a qualified person to act as the Auditor, who need not be a member of the Governing Board. GWMA shall cause an independent annual audit of the GWMA’s finances to be made by a certified public accountant in compliance with California Government Code Section 6505. The Treasurer of the GWMA shall be the depositor and shall have custody of all money of the GWMA received from whatever source. The Auditor of the GWMA shall draw warrants to pay demands against the GWMA when the demands have been approved by the GWMA by its authorized representative pursuant to any delegation of authority by the GWMA. The Treasurer and Auditor shall comply strictly with the provisions of statutes relating to their duties, as set forth in the Joint Exercise of Powers Act. The Governing Board may transfer the responsibilities of Treasurer and/or Auditor to any person or entity as may then be authorized by law.
(d) Consultants. The GWMA is authorized to enter into contracts and pay consultants pursuant to the GWMA’s purchasing procedure to perform any work or activity it is empowered to perform hereunder, including the provision of professional, financial, legal, administrative, technical or other services. A consultant may be designated as an officer, including the Executive Officer, of the GWMA.
(e) Lead Agency. The Governing Board may, but is not required to, select from the Members, a Lead Agency for the GWMA. In such case, the Director of Finance of the Lead Agency shall be and act as the Treasurer and Auditor of the GWMA, pursuant to California Government Code Section 6505.6. Pursuant to California Government Code Section 6505.1, the Secretary and Treasurer shall have charge of the property of the GWMA and each shall file an official bond in the penal sum of Ten Thousand Dollars ($10,000.00) or such additional amount as the Governing Board may establish. If a lead agency is selected, by majority vote the Governing Board may change the Lead Agency at any time. In such event, the officers of the new Lead Agency shall serve as the respective officers of the GWMA. (f) Property of the GWMA. Pursuant to California Government Code Section 6505.6, the Governing Board may designate an officer or employee, or officers and employees, in addition to the Treasurer, to receive, deposit, invest, and disburse the money of the GWMA pursuant to California Government Code Sections 6505.5 and 6509.5. The Governing Board shall fix the amount of the official bond to be filed by each such designee.

8. Powers and Functions as a Regional Water Management Entity. Subject to the limitations set forth herein, the GWMA, acting through its Governing Board, shall have any and all powers commonly held by the Members, necessary or appropriate to fulfill the purposes set forth in Section 2, above, and to implement the agreed upon provisions of the MS4 Permit on behalf of the Members and to otherwise perform the functions and exercise the powers of a regional water management group pursuant to applicable law.

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9. Corporate and Political Powers. For purposes of exercising its authority, and subject to the limitations set forth herein, the GWMA shall have all joint powers specified in California Government Code Section 6508 including, but not limited to, any or all of the following:
(a) To exercise the common powers of its Members;
(b) To make and enter into contracts;
(c) To employ agents and employees;
(d) To acquire, construct, manage, maintain or operate any building, structure, work or improvement;
(e) To acquire, hold or dispose of real or personal property; (f) To incur debts, liabilities and obligations and issue bonds, notes, certificates of participation and other forms or evidence of indebtedness; (g) To sue and be sued in its own name;
(h) To apply for, accept, receive and disburse grants, loans and other financial aid from any agency of the State of California or the United States of America and to receive donations of property, funds, services and other forms of assistance from persons, firms, corporations or governmental entities;
(i) To obtain insurance for the GWMA and contract for risk management services;
(j) To invest money of the GWMA in the same manner and on the same conditions as local agencies pursuant to California Government Code Section 53601; (k) To prepare and support legislation related to the purposes of this Agreement;
(l) To adopt rules, regulations, policies, bylaws and procedures for the carrying out of the foregoing powers or necessary for the governing of the operations of the GWMA; and (m) To exercise all other powers necessary and proper to carry out the provisions of this Agreement.

10. Limitations. The GWMA shall not have the power of eminent domain.

11. Expenditures and Contributions. From time to time, the Governing Board may require Member contributions in order to make expenditures necessary to carry out the purposes and functions of the GWMA which may include, but are not limited to, retention of consultant(s) to conduct studies and prepare plans, reports and designs, and/or provide management services. Contracts over $100,000 shall require a super-majority vote of the Governing Board to approve. Contributions may be assessed against Members on an equal basis, or upon such other basis as may be determined by the Governing Board. Within thirty (30) days of such an assessment by the Governing Board becoming effective, each Member,

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shall make the required contribution, provided that any Member not wishing to make such contribution may, in the alternative, withdraw from the GWMA within said period by adopting a resolution of withdrawal by its legislative body and otherwise complying with Section 15.

12. Eligibility for Membership and Admission. Any local public agency that is a member of the Gateway Cities Council of Governments, or that has statutory authority over a water supply with the Gateway Cities Region, may apply to become a member of the GWMA pursuant to an action taken by the legislative body of such public agency and may become a Member upon a super-majority vote of the Governing Board and execution of this Agreement. At the time of approval of admission, the Governing Board may request that the new Member make a payment of any costs incurred by the GWMA to date, to the extent the benefit of those costs will be derived or will continue to be derived after the new Member agency has joined the GWMA.

13. Accounts, Reports, and Audits. The following procedures shall be followed to ensure strict accountability of all funds of the GWMA and to provide for accurate reporting of receipts and disbursements of said funds:
(a) The Auditor shall either prepare or contract with a certified public accountant to prepare an annual audit of the GWMA’s accounts and records. The minimum requirements for such audits shall be those prescribed by the State Controller for special districts under California Government Code Section 26909 or successor statute and shall conform to generally accepted accounting principles.
(b) A report of said audit shall be filed as a public record with each Member and with the County Auditor of the County of Los Angeles. Such report shall be filed within twelve (12) months of the end of the fiscal year or years under examination. (c) Any additional procedures pertaining to accountability of funds and assets of the GWMA, as specified in the Joint Exercise of Powers Act, shall be followed.

14. Obligation for Debts and Liabilities and Distribution of Assets. Except as otherwise provided herein or by applicable law, no Member shall be individually responsible for any of the debts, liabilities or obligations of the GWMA, and all such debts, liabilities and obligations shall exclusively be those of the GWMA.
(a) Indemnification.
(1) Each Member agrees to indemnify, defend and hold the GWMA and all other Members, and employees, officers and agents of the GWMA, free and harmless with respect to any and all claims, liabilities, losses, and damages, including legal fees and expenses, to the extent arising out of or connected with the acts or omissions, or breach or default, of such Member, or any person or entity acting on behalf of such Member, in the performance of any of its obligations under this Agreement. (2) The GWMA shall indemnify, defend, and hold harmless, jointly and severally, each of its Members and the Members’ officers, officials, employees, agents, and representatives with respect to any loss, damage, injury, claim, litigation, or liability, including attorney’s fees and costs, arising out of or in any way related to the creation,

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operation, functioning, decisions, or actions of the GWMA or the GWMA’s officers, officials, employees, agents, or representatives.
(3) The provision of indemnity set forth in this Section shall not be construed to obligate the GWMA to pay any liability, including but not limited to punitive damages, which by law would be contrary to public policy or otherwise unlawful. (b) Tort Liability. Government Code Section 895.2 imposes certain tort liability jointly upon public agencies solely by reason of such public agencies being parties to an agreement as defined in Government Code Section 895. Therefore, the Member public agencies, as among themselves, pursuant to the authorization contained in Government Code Sections 895.4 and 895.6, each assume the full liability imposed upon it or any of its officers, agents, employees or representatives by law for injury caused by a negligent or wrongful action or inaction, or omission, occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Government Code Section 895.2. To achieve this purpose, each Member public agency indemnifies and holds harmless each other party and the GWMA, for any loss, cost or expense, including reasonable attorney’s fees and consultant fees that may be imposed upon or incurred by such other Member public agency or the GWMA solely by virtue of Government Code Section 895.2. (c) Funds for Defense. Notwithstanding the provisions of paragraphs (a) or (b), above, by a super-majority vote of the Governing Board, the Board may approve the expenditure of GWMA funds to defend, indemnify and hold the GWMA, members of the Governing Board, and/or any employee or agent of the GWMA, free and harmless from claims and liabilities arising in connection with their actions taken in good faith, and while within the scope of their duties being performed on behalf of the GWMA. (d) Self-Insure. The GWMA may self-insure or purchase insurance, and/or-, require the Members to self-insure or purchase insurance, in order to comply with any of the defense and indemnity requirements herein.
(e) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules, all pension, relief, disability, worker’s compensation, and other benefits which apply to the activity of officers, agents, or employees of any Member when performing their respective functions within the territorial limits of the Member, shall apply to them to the same degree and extent while engaged in the performance on any of their functions and duties extraterritorially hereunder.

15. Withdrawal by a Member. Subject to the provisions of this section, any Member may withdraw from the GWMA by providing the Governing Board no less than thirty (30) days prior written notice including a copy of the initiating resolution by the legislative body of the withdrawing Member. The withdrawing Member shall pay all unpaid contributions that were approved by the Governing Board more than one hundred twenty (120) days prior to the date of the notice of withdrawal. No Member may withdraw unless and until it has satisfied any and all outstanding contractual obligations, or other indebtedness for which such Member would otherwise be obligated, in whole or in part, to pay. “Outstanding contractual obligations” includes the obligations for payments on contracts which the GWMA has entered into and are legally binding but where additional services will be performed in the future, until the contract has been fully performed.

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16. Effect of Termination. Upon termination of this Agreement by the GWMA, all of the existing assets shall be divided and distributed for public purposes in such manner as shall be determined by a super-majority vote of the Governing Board provided, however, that this Agreement and the Governing Board shall continue to exist for the purposes of disposing of all claims, administering the distribution of assets, and performing any other functions necessary to conclude the affairs of the GWMA. This Agreement may not be terminated so long as the GWMA has any outstanding contractual obligations or other indebtedness.

17. Notices. Notices permitted or required to be sent pursuant to this Agreement shall be sent by registered mail, return receipt requested, or reputable overnight delivery service, addressed as follows:

To Member public agencies at each Member public agency’s official business address, personally addressed to that agency’s Governing Board member;
To the GWMA at 16401 Paramount Boulevard, Paramount,
California 90723. This address shall be the GWMA’s official business address. This address may be changed by approval of the Governing Board and the giving of written notice to each Member at their official business address.

18. Amendment. Except for amendments that change the GWMA’s powers, duties, indemnification requirements, or financial responsibilities, this Agreement may be amended by a super-majority vote of the Governing Board. Otherwise, this Agreement may be amended by a majority vote of the Governing Board and by a majority vote of the Members acting by resolution of their legislative bodies.

19. Legal Actions.
(a) Remedies. The GWMA is hereby authorized to take any and all legal or equitable actions, including but not limited to, seeking an injunction and/or specific performance, necessary or permitted by law, to enforce this Agreement. (b) Applicable Law and Forum. The laws of the State of California shall govern the interpretation and enforcement of this Agreement, without regard to conflict of law principles. Legal actions must be instituted and maintained in the Superior Court of the County of Los Angeles, State of California, in any other appropriate court in that county, or in the Federal District Court in the Central District of California.
(c) Acceptance of Service of Process. In the event that any legal action is commenced against the GWMA, service of process on the GWMA shall be made by personal service upon the Executive Officer or Secretary of the GWMA, or in such other manner as may be provided by law.
(d) Waivers. All waivers of any term or condition of this Agreement shall be in writing. No waiver of any term or same term or condition at a different time.

20. Liberal Construction; Severability. In the event of any litigation over the meaning of this Agreement or the GWMA of any agency of the GWMA, this Agreement shall be

12664-0001\3009909v6.doc
liberally construed to effectuate its purposes. Should any part, term or provision of this Agreement be decided by any court of competent jurisdiction to be illegal or in conflict with any law of the State of California or federal law, or otherwise be rendered unenforceable or invalid, the validity of the remaining portions and/or provisions shall not be affected thereby.

21. Conflicts of Interest. No officers, official, or employee of the GWMA shall have any financial interest, direct or indirect, in the GWMA nor shall any such person participate in any decision relating to the GWMA which affects his or her financial interests, in violation of any State law or regulation.

22. Books and Records. All books, records, accounts, and documents of the GWMA shall be available at any reasonable time to the Directors and, to the extent provided by the California Public Records Act (Government Code Section 7920.000, et seq.) shall be public records. This Section does not authorize the release of any confidential records which are exempt from disclosure under the California Public Records Act or other applicable law or regulations.

23. Principal Office. The principal office of the GWMA shall be that of the office of the Executive Officer or as from time to time designated by the Board.

24. Successors. This Agreement shall be binding upon all Members and shall inure to the benefit of the successors of each of the Members provided, however, that no Member may assign any right or obligation under this Agreement without the written consent of the Governing Board.

25. Effectuate Counterparts. This Agreement may be executed in counterparts, which together shall constitute the same and entire agreement.

26. Filing with Secretary of State. The Executive Officer of the Governing Board is directed to file with the office of the California Secretary of State and State Controller a notice of adoption or amendment of this Agreement within thirty (30) days after the effective date of such adoption or amendment, as required by California Government Code Sections 6503.5 and 6503.6 and shall file all other official notices as may be required by law.

27. Entire Agreement. This Agreement constitutes the final, complete and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and amends, replaces, and supersedes all other prior or contemporaneous oral or written understandings and agreements of the parties. [SIGNATURES ON FOLLOWING PAGES]

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IN WITNESS WHEREOF, each of the parties hereto have caused this Agreement to be executed and attested by its duly authorized officers as of the dates set forth below. (signature)
Name:

Title:

City/Agency Name:

ATTEST BY: APPROVED AS TO FORM BY:
(signature) (signature)
Name: Name:

Title: Title:

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 11.

DATE: May 28, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: DAISY GUERRERO, DEPUTY DIRECTORY OF BUILDING AND PLANNING SUBJECT: CONSIDERATION TO APPROVE THE ISSUANCE OF A FIREWORKS STAND PERMIT TO THE FIRST BAPTIST CHURCH OF MAYWOOD FOR A STAND AT 4402

SLAUSON AVENUE
RECOMMENDATION:

Staff recommends that the City Council consider approving the issuance of a fireworks stand permit to the First Baptist Church of Maywood for a stand located at 4402 Slauson Avenue.

BACKGROUND:

Pursuant to Section 4-2.203 of the Maywood Municipal Code, a special event permit application for fireworks sales must be submitted between April 1 and April 30 of each calendar year. However, the Municipal Code allows the City Council to consider and approve an application submitted outside this window if it determines that the applicant had good cause for failing to file in a timely manner. Applications must include identifying information about the applicant and the proposed location of the fireworks stand, along with other required documentation. The number of total approved applications is limited to ten (10) per calendar year.

Permits authorizing the sale of safe and sane fireworks in the City of Maywood may be issued, with City Council approval, to non-profit associations or corporations organized primarily for veterans, youth, patriotic, welfare, civic betterment, or charitable purposes. Eligible organizations must have a minimum membership of ten (10) individuals and must maintain a principal and permanent meeting place in the City or in a neighboring jurisdiction.

DISCUSSION:

Pursuant to Section 4-2.203 of the Maywood Municipal Code, applications for fireworks sales permits must be submitted to the City between April 1 and April 30 of the current year.

For the current year, the City received one (1) completed application after the April 30 deadline (see Attachment). The application was submitted by First Baptist Church of Maywood, a non-profit organization applying for the first time. Their application complied with all conditions of approval. The fireworks stand is scheduled to be set up on June 23, with sales operations running from June 28, through July 4. The stand will be removed within one week following the end of operations.

Although the application was submitted after the deadline, staff understands that the delay was due to a series

of unforeseen partner-related challenges. TNT Fireworks, the supplier, initially intended to partner with TR3 City Wildcats Youth Football and Cheer; however, the group withdrew its participation at the last minute. TNT then secured a verbal commitment from the Southeast Rio-Vista YMCA, which was later canceled due to insurance-related constraints. TNT subsequently reached out to First Baptist Church of Maywood, who agreed to serve as the applicant and community partner. However, this agreement was finalized after the April 30 submission deadline.

Given these circumstances, staff believes there is sufficient justification for the City Council to determine that the applicant had good cause for the delayed submission. If the Council finds that good cause exists, it may, pursuant to the Municipal Code, approve the fireworks sales permit for First Baptist Church of Maywood.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

The City received $194 in license and temporary use fees per application and the payment will be booked into General Ledger (GL) Code 4309 - Fireworks Application Fee/Sales.

ATTACHMENT(S)

1. First Baptist Church of Maywood - Application to Sell Safe and Sane Fireworks

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 12.

DATE: May 28, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: DAISY GUERRERO, DEPUTY DIRECTORY OF BUILDING AND PLANNING SUBJECT: CITY COUNCIL APPOINTMENT OF A MEMBER TO THE MAYWOOD PLANNING

COMMISSION
RECOMMENDATION:

Staff recommends that the City Council consider the appointment of an applicant to fill Seat Number 2 of the Planning Commission, which expired on May 12, 2025, for a 4-year-term or provide further direction.

BACKGROUND:

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

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

The term of the existing Commissioner, Seat Number 2, expires on May 12, 2028. In April 2025, the City began accepting applications. The Maywood Municipal Code Title 9 (Planning and Zoning) Chapter 1 (Planning Commission) Section 9-1.02 (Membership and qualifications) requires that the members of the Planning Commission must, at the time of their application and throughout their term, be residents of the City or otherwise be employed in the City of Maywood. The application period closed on May 9, 2025, with one application received.

DISCUSSION:

Staff reviewed the application and determined that the applicant is a Maywood resident. The City Council can either appoint the applicant or request that staff re-advertise the Planning Commission opening.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

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

ATTACHMENT(S)

1. Planning Commissioner Application - Jean Danniel Olmedo

2. Planning Commissioner Application Attachment - Resume - Jean Danniel Olmedo

x
x
x

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 13.

DATE: May 28, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: KAREN INIGUEZ, ADMINISTRATIVE ANALYST
SUBJECT: DISCUSS AND PROVIDE DIRECTION REGARDING THE IMPLEMENTATION OF A

FIREWORKS REWARDS PROGRAM
RECOMMENDATION:

Staff recommends that the City Council discuss, and provide further direction for staff to implement a Fireworks Rewards Program aimed at reporting and reducing the illegal use of fireworks.

BACKGROUND:

In recent years, the City has experienced a noticeable rise in the use of illegal fireworks, particularly during the summer season and the days surrounding the Fourth of July holiday. The discharge of illegal fireworks poses significant safety risks, including fire hazards, property damage, and personal injury. It also places additional strain on emergency response resources, increasing 911 response times and diverting critical public safety personnel from other urgent calls for service. In response to growing concerns from residents and community stakeholders, the City Council has expressed a strong interest in enhancing the City’s capacity to address illegal fireworks activity. This includes exploring proactive enforcement measures and community engagement strategies to reduce the use of illegal fireworks and improve public safety throughout the City.

DISCUSSION:

City staff has conducted an analysis of the fireworks fines schedules and rewards programs from neighboring Southeast Los Angeles cities, focusing specifically on the City of Paramount’s successful Fireworks Rewards Program. This program has proven effective in reducing the use and sale of illegal fireworks by incentivizing community participation and enforcement efforts.

Paramount’s Fireworks Rewards Program
The City of Paramount implemented a Fireworks Rewards Program that encourages residents to report illegal firework activity, including the use, possession, or sale of such fireworks. Under this program, residents can receive a financial reward if their tip leads to a citation:
• $500 reward for information about individuals using or possessing illegal fireworks. • $1,000 reward for information about individuals selling illegal fireworks.

The program includes clear guidelines ensuring confidentiality for informants, while maintaining accountability for those violating the law. This model has proven to be a successful tool in reducing illegal fireworks and enhancing public safety.

Analysis of Fine Schedules in Surrounding Cities
Staff also reviewed the fine schedules from various Southeast Los Angeles cities. The findings indicate that cities have adopted a mix of fine structures, with some including additional late fees ranging from $250 to $1,000 for non-compliance. These fines ensure that violators are held accountable and address the violation appropriately. Below is a summary of fine categories and amounts in surrounding cities:

Fine Schedules in Surrounding Cities
City Possessing, Selling, or
Using
Second Offense Maximum Amount for
Selling
Huntington Park $5,000
South Gate $1,000 $1,500 $2,000
Downey $4,000 $5,000 $6,000
Bell Gardens $1,000 $2,000 $3,000
Bell $1,000
Lynwood $1,000 $5,000
Vernon $500 $1,000
Cudahy $100 $200 $500
City staff recommends that the City Council consider implementing a Fireworks Rewards Program in Maywood. The proposed program would incentivize residents to report illegal firework activities, offering financial rewards for tips that lead to citations. This program would complement and support existing enforcement efforts, making it easier to address illegal fireworks in Maywood while promoting community engagement and public safety.

Proposed Rewards Program Guidelines
• Individuals must provide a physical description and location of those using, possessing, or selling illegal fireworks.
• The informant must provide their full name and phone number to receive the reward. Their information will remain confidential, used solely to issue the reward unless further details are needed by law enforcement.
• A citation must be issued for the reward to be processed. • Only one reward will be issued per incident.
• City employees within working boundaries are not eligible for rewards.

Proposed Rewards
• $500 reward for information leading to a citation for the use or possession of illegal fireworks. • $1,000 reward for information leading to a citation for the sale of illegal fireworks.

If the City Council wishes to move forward with the program, staff will prepare final guidelines, estimated costs, and an outreach strategy. Staff will present these details to the Council for review and approval.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

There is no fiscal impact with this report. A fiscal impact will not be known until direction is provided on the parameters of a Rewards Program, if the City Council chooses to move forward with such a program.

ATTACHMENT(S)

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 14.

DATE: May 28, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: NANCY RODRIGUEZ, HR/RISK MANAGER
SUBJECT: CONSIDERATION OF ADOPTING RESOLUTION NO. 6416 TO APPROVE THE

CITY'S MEMBERSHIP IN THE CALIFORNIA INTERGOVERNMENTAL RISK

AUTHORITY (CIRA) AND PARTICIPATION IN THE CIRA GENERAL LIABILITY

PROGRAM AND APPROVE THE ENTERING INTO AND EXECUTION OF THE CIRA

AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT AND

AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 6416 approving the City's membership in CIRA and participation in the CIRA liability program and approve the entering into and execution of the CIRA amended and restated Joint Excercise of Powers Agreement and authorize the City Manager to execute the same
BACKGROUND:

Rather than purchase commercial insurance through a commercial insurance carrier, the City of Maywood participates in an intergovernmental arrangement through which a group of cities and towns (referred to as the members) contribute to a shared fund that pays for liability and provides risk management services. That fund is often commonly referred to as a risk sharing pool (pool). Pools are empowered to exist through the sections of the California Government Code known as joint powers authority (JPA), which allow two or more like entities to pool funds to pay for claims.

The City of Maywood is currently a member of the pool named the Municipal Insurance Cooperative (MIC). Our pool functions as an extension of the City of Maywood and is governed by a board of directors comprised of other public agency members in the pool. This coverage is set to expire on June 30, 2025, with the following notable terms: a $750,000 self-insured retention, $5 million per occurrence limit, and an expiring premium of $270,258.

Public entity pools are fundamentally different from conventional insurance. The primary purpose of any public entity pool is to manage and reduce underlying risks to the benefit of public entity members and the public at large. Conventional insurers exist primarily to finance losses, while public pools are collaborating partners that help public entities create, foster, and manage safe environments in order to minimize personal, physical, and property damages and losses.

CIRA is a statewide risk-sharing Joint Powers Authority serving 56 public agencies across California.

Membership involves a five-year commitment with no mandatory coverages. CIRA’s governance includes a board seat for each member, with standing committees covering key areas such as underwriting, safety,

workers' compensation, and claims. General Liability limits are $40,000,000, which represents a significant increase in limits over the City’s existing $5,000,000 limit. Contributions are calculated based on payroll and a five-year loss history with losses limited to no more than $250,000 in the calculation. Rate changes are limited to ±25% annually.

Members benefit from several services, including:
• A $3,500 annual safety grant
• Contract review and employment law support
• Annual onsite risk assessments
• Online training and policy development support
• Claims administration by George Hills Company
Something to keep in mind is, if a member withdraws, they forfeit equity and must pay a share of expenses for three years. Overall, CIRA promotes collaborative, cost-effective risk management with a focus on proactive support.

DISCUSSION:

Annually, city staff coordinates with the City's insurance brokerage partners at Keenan and Associates to secure affordable insurance. Together, the team searched for alternative insurance carriers and pooling options. Consequently, at the request of the team, the California Intergovernmental Risk Authority (CIRA) conducted a risk assessment visit of the City on Monday, May 5. They met with key departments, which included Administration, Human Resources, Community Services, and Public Works, to review the City’s risk management practices. Staff provided all requested documentation, including materials related to General Liability, Employment Practices Liability, Contractual Risk Transfer, and Workers’ Compensation. The meeting was productive and well-received.

Staff was later invited to participate in CIRA's Underwriting Committee meeting on Wednesday, May 7. The City’s presence and input during this discussion was helpful, and we are happy to report that the Committee recommended the City’s approval to CIRA’s Executive Committee and Board with a $250K or greater deductible, which was subsequently approved by both. This marks a significant improvement from our current deductible of over $750,000 and represents a positive step forward in strengthening the City’s risk management approach. Membership in CIRA requires the City to execute the Amended and Restated Joint Exercise of Powers Agreement with CIRA. As part of this agenda matter, the City Council is also approving the entering into and execution of that agreement by the City Manager.

LEGAL REVIEW:

This item has been reviewed by the City Attorney.

FISCAL IMPACT:

A membership with CIRA will result in a savings of $155,150 for the City's general fund. The savings, if approved will be reflected in the fiscal year 2025/2026 general fund budget.

Expiring with MIC
• $750K Retention
• $5M Per Occurrence
• $270,258 expiring premium
CIRA
• $250K Retention
• $40M Per Occurrence

• $115,108 annual premium

ATTACHMENT(S)

1. CIRA-JPA-Agreement

2. Maywood- Resolution No. 6416 (CIRA)

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AMENDED AND RESTATED

JOINT EXERCISE OF POWERS AGREEMENT
OF THE

CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY
(formerly Public Agency Risk Sharing Authority of California) This Amended and Restated Joint Exercise of Powers Agreement of the California Intergovernmental Risk Authority (“CIRA” or “Authority”) (“Agreement”), formerly known as the Public Agency Risk Sharing Authority of California (“PARSAC”), is entered into by and among the public entities, hereafter referred to as “Members”, each of which is organized and existing under the laws of the State of California and is a signatory to this Agreement and listed in Appendix “A”, attached hereto and made a part hereof. This Agreement supersedes the Public Agency Risk Sharing Authority of California [PARSAC] Joint Powers Agreement dated May 25, 2017 as of, and is effective on, July 1, 2021 (“Effective Date”).

RECITALS

1. The Authority was originally created as the California Municipal Insurance Authority effective May 21, 1986 pursuant to that certain Joint Powers Agreement Creating the California Municipal Insurance Authority (“Original JPA Agreement”). The Original JPA Agreement was revised and restated effective July 1, 1989 and then again effective November 19, 1993 when the original name was changed to the Public Agency Risk Sharing Authority of California. Subsequent restatements were approved effective May 31, 1996, December 13, 2002, December 12, 2003, May 20, 2005, May 31, 2007, and May 26, 2011. The most recent restatement is the PARSAC Joint Powers Agreement which was approved effective May 25, 2017 (“PARSAC Agreement”).

2. Labor Code Section 3700 authorizes public entities, including members of a pooling arrangement under a joint powers authority, to fund their own workers’ compensation claims.

3. Government Code Sections 989 and 990 authorize a local public entity to insure itself and its employees against tort or inverse condemnation liability.

4. Government Code Section 990.4 authorize a local public entity to fund insurance and self-insurance in any desired combination.

5. Government Code Section 990.6 provides that the cost of insurance is an appropriate public expenditure.

6. Government Code Section 990.8 authorizes two or more local public entities to enter into an agreement to jointly fund such expenditures under the authority of the Joint Exercise of Powers Act (Gov. Code Section 6500 et seq.).

7. Government Code Section 6500 et seq. authorizes two or more public entities to jointly exercise, under an agreement, any power which is common to each of them.

8. Each Member that is a party to this Agreement desires to join with the other Members to fund programs of insurance for workers’ compensation, liability, property and other coverages to be determined and for other purposes set forth in this Agreement.

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9. The governing body of each Member has determined that it is in the Member’s own best interest, and in the public interest, to execute this Agreement and participate as a Member of the Authority.

In consideration of the recitals, mutual benefits, covenants, and agreements set forth in this Agreement, the Members agree as follows:

ARTICLE I.

CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY

AS SUCCESSOR TO AND EXPANSION OF PARSAC
A. Authority Created. The Authority was originally formed on May 21, 1986 as the California Municipal Insurance Authority by operation of the Original JPA Agreement and subsequently renamed as the Public Agency Risk Sharing Authority of California effective November 19, 1993.

The Authority was, and is, formed pursuant to the provisions of Article I (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (“Code”), which authorizes two or more public agencies, by a joint powers agreement entered into respectively by them and authorized by their legislative or governing bodies, to exercise jointly any power or powers common to the member agencies.

1. Name Change. As of the Effective Date, the Public Agency Risk Sharing Authority of California shall be known as the California Intergovernmental Risk Authority, hereinafter referred to as “CIRA” or the “Authority.”

2. Separate Entity. Pursuant to Code Sections 6506 and 6507, from its inception, the Authority has, is, and shall be a public entity separate and independent from the Members which is governed exclusively by the Authority’s Board of Directors (“Board”).

B. Membership in the Authority as of the Effective Date. As of the Effective Date, the membership of the Authority shall consist of the members of PARSAC and the members of the Redwood Empire Municipal Insurance Fund (“REMIF”), with respect to only those that have approved this Agreement as of the Effective Date, as listed in Appendix “A”.

C. Future Membership. Membership in the Authority is open to public entities throughout the State of California, if such public entities meet the requirements specified in the Bylaws and are approved by the Board.

ARTICLE II.

PURPOSE
The purpose of the Authority is to exercise the powers of the Members to jointly accomplish the following:

A. Develop comprehensive Programs with the objective to reduce the cost of risk against which the Members are authorized or required to protect against by insurance, self-insurance, or pooling.

Such Programs may include, but are not limited to, coverages for tort liability, workers’

3 65365.00002\33005619.4
compensation, employee health benefits, loss to real or personal property, or liability arising out of the ownership, maintenance, or use of real or personal property.

B. The design of the Programs may evolve with the needs of the Members and in accordance with contemporary economic and financial conditions. Programs may therefore operate on an insured, pooled, self-funded, or other appropriate basis whereby the Members share some portion, or all, of the costs of Program losses.

B. Jointly secure administrative and other services including, but not limited to, general administration, underwriting, risk management, loss prevention, claims adjusting, data processing, brokerage, accounting, legal and other services related to any authorized purpose.

ARTICLE III.

PARTIES TO THE AGREEMENT AND RESPONSIBILITIES OF MEMBERS A. Each Member represents and warrants that it intends to, and does hereby, contract with all other Members listed in Appendix “A”, and any new members admitted to the Authority. Each Member also represents and warrants that the withdrawal or expulsion of any Member shall not relieve any Member of its rights, obligations, liabilities or duties under this Agreement or the individual Programs in which the Member participates.

B. Each Member agrees to be bound by and to comply with all the terms and conditions of the Governing Documents and any Resolution or other action adopted by the Board as they now exist or may hereinafter be adopted or amended. Each Member assumes the obligations and responsibilities set forth in the Governing Documents, as they may be amended.

C. Each new Member agrees to participate for a minimum of five years, except that members of PARSAC and REMIF as of June 30, 2021 must continue for a minimum of two years thereafter.

Also, each new Member agrees to meet its obligations and responsibilities as set forth in the Governing Documents.

ARTICLE IV.

POWERS
The Authority shall have the powers common to its Members. As provided by Government Code Section 6509, the Authority’s power is subject to the restrictions upon the manner of exercising the power of the Member specified in the Bylaws. Under this Agreement, the Authority is authorized, in its own name, to do all acts necessary and to exercise such common powers to fulfill the purposes of this Agreement, including but not limited to the following:

A. Make and enter contracts;
B. Employ agents and employees;
C. Incur debts, liabilities or obligations;
D. Receive, collect, invest, and disburse funds;

4 65365.00002\33005619.4
E. Receive contributions and donations of property, funds, services and other forms of assistance; F. Acquire, construct, manage, maintain, hold, lease or dispose of real and personal property; and G. Sue and be sued in its own name and settle any claim against it.

ARTICLE V.

BOARD OF DIRECTORS
A. The Authority shall be governed by the Board. Each Member shall appoint a representative to the Board and an alternate representative, each of whom shall meet the parameters set forth in the Bylaws. In the absence of a resolution of the Board providing otherwise, representatives and alternates will serve without compensation by the Authority.

B. The Member’s representative and/or alternate representative shall be removed from the Board upon the occurrence of any one of the following events: (1) the expulsion or withdrawal of the Member from the Authority; (2) the death or resignation of the Member representative; (3) the Member gives notice that the Member representative is no longer employed by the Member; or (4) as otherwise provided in the Authority’s Bylaws.

C. The Board shall exercise all powers and conduct all business of the Authority, either directly or by delegation of authority to committees or other bodies or individuals.

ARTICLE VI.

ADMINISTRATION OF PREEXISTING OBLIGATIONS
A. All liabilities and obligations of the Authority existing prior to the Effective Date (“Preexisting Obligations”) will be administered under the terms and conditions of the PARSAC Agreement.

For this purpose, the PARSAC Agreement in effect on June 30, 2021, which is attached hereto as Appendix B, is hereby made a part of this Agreement and incorporated herein by this reference.

B. The Board shall appoint a committee made up of representatives of Authority members that were members prior to the Effective Date to make recommendations to the Board regarding the administration of the Preexisting Obligations. As to specific agenda items relating to such matters, only Directors representing Members who were members of the Authority prior to the Effective Date may vote, and as to such items, a quorum shall be determined solely by reference to the number of Members that were members of the Authority prior to the Effective Date.

C. All assets of the Authority existing on June 30, 2021 shall be reserved by the Authority for the sole purpose of administering the Preexisting Obligations. Similarly, all assets of REMIF shall be used exclusively for the purpose of administrating the obligations of REMIF.

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ARTICLE VII.

OFFICERS
A. The Board shall elect a President, Vice-President, Treasurer, and Auditor/Controller. The President, Vice-President, and Auditor/Controller must be Directors. The General Manager shall serve as Secretary of the Board. The manner of election and term of office of elected officers and their authority and responsibilities shall be as set forth in the Authority’s Bylaws. If any of the elected officers ceases to be a Member’s representative, the resulting vacancy shall be filled as provided in the Authority’s Bylaws. The Board may elect such other officers as it considers necessary.

B. As permitted by Government Code Section 6505.6, the Treasurer shall comply with the duties and responsibilities set for the subdivisions (a) through (d) of Government Code Section 6505.5, and shall cause an independent audit to be made by a certified public accountant, or public accountant, in compliance with Government Code Section 6505. The Treasurer will have no vote on the Board unless the Treasurer is also a Director.

C. The Board shall appoint a General Manager who shall act as Secretary of the Board and as the Chief Administrative Officer of the Authority. Although an officer, the General Manager shall not have a vote on the Board or any committee of the Authority.

ARTICLE VIII.

MEETINGS AND RECORDS
A. Not less than once a year, the Board and all standing committees shall hold regular meetings as set forth in the Bylaws of the Authority. Special meetings may be called as provided in the Bylaws.

B. All meetings of the Board, and appointed committees, including without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act (Section 54950 et. seq. of the Government Code).

C. Minutes of regular, adjourned regular, and special meetings of the Authority shall be kept under the direction of the Secretary. After each meeting, the Secretary shall cause copies of the minutes to be forwarded to each Board member for review and approval at the next regular meeting.

ARTICLE IX.

BUDGET
The Board shall adopt an annual budget prior to the beginning of each Fiscal Year.

ARTICLE X.

REGULAR AUDITS AND REVIEWS
A. The Board shall cause an annual financial audit of the accounts and records to be prepared by a Certified Public Accountant in compliance with California Government Code Sections 6505 and

6 65365.00002\33005619.4
6505.5 or 6505.6 with respect to all receipts, disbursements, other transactions and entries into the books of the Authority. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Government Code Section 26909 and shall conform to generally accepted accounting standards. A report of each such audit shall be filed as a public record with the Board, each of the Members, and the auditor/controller of the county in which the Authority’s administrative office is located. The report shall be filed within twelve months of the end of the fiscal year under examination. The Authority shall pay all costs for such financial audits.

B. The Board shall cause an annual actuarial review to be prepared for each of the Programs of the Authority and a report of such actuarial review shall be made available for inspection by the Board and the Members. The Authority shall pay all costs for such actuarial review.

C. The Board shall cause a claims audit of the administration of the claims for each of the Programs of the Authority at least biannually. A report of such claims review shall be made available for inspection by the Board and the Members. The Authority shall pay all costs for such claims reviews.

ARTICLE XI.

ADMISSION OF NEW MEMBERS
A. Any public entity eligible for membership as stated in Article I may apply for membership in the Authority and participation in one or more of the Authority’s Programs at any time. To be considered, the applicant must submit any documentation or information requested by the Authority and pay any costs required to analyze their application and determine their initial contribution.

B. The Authority shall review all applications by potential new members to determine if they meet the requirements provided for in the Bylaws and any relevant Board policies to determine whether and on what conditions to admit the applicant.

C. Upon approval for membership by two-thirds vote of the Board, to become a Member the applicant must execute this Agreement and pay any contributions or premiums required to participate in the Program(s) for the initial Program Year in which the applicant will participate.

ARTICLE XII.

WITHDRAWAL
A. After the initial commitment period described in Article III, any Member which enters a Program may withdraw from that Program by compliance with the requirements stated in the Bylaws for withdrawal from the Program.

B. Withdrawal of a Member does not terminate its rights to coverage arising under any Program in which it participated for the years in which it participated. A Member that has withdrawn from a Program may later seek to renew participation in the Program subject to any terms and conditions set forth in the Bylaws.

7 65365.00002\33005619.4
C. A Member that has withdrawn from all of the Authority’s Programs shall no longer have a right to a representative on the Board, but shall remain liable for assessments and other obligations arising from the Program Years in which it participated.

D. As soon as administratively feasible after the Effective Date, the Members of the Authority shall agree on the method of apportioning the CalPERS retirement obligations of the Authority in the event of a default event as defined by Government Code Section 6508.2. Until such time, and in the event of a default event, the terms of the Public Agency Risk Sharing Authority of California (PARSAC) Agreement for Apportion of Retirement Obligations dated May 25, 2017, and attached hereto as Exhibit “C”, shall apply with respect to all Members of the Authority.

ARTICLE XIII.

EXPULSION
The Board may expel any Member from the Authority and/or from a Program for material breaches of the Governing Documents consistent with the provisions of the Bylaws, subject to any warning or probationary provisions in the Governing Documents. Expulsion does not terminate the obligations of either the Authority or the Member incurred prior to the expulsion.

ARTICLE XIV.

TERMINATION AND DISTRIBUTION
A. This Agreement shall continue in full force and effect until terminated. Termination of this Agreement shall also constitute the termination of all Programs. This Agreement may be terminated at any time by the vote of three-fourths of the Members; provided, however, that this Agreement and CIRA shall continue to exist for the purpose of disposing of all claims and paying its obligations for employees’ health and pension benefits, before the distribution of assets, and any other functions necessary to wind up the affairs of CIRA.

B. Upon termination of this Agreement, all assets of each Program of CIRA shall be distributed among the Members which participated in such Programs, in accordance with the retrospective premium adjustment process in effect during the term of this Agreement. Such distributions shall be determined within six [6] months after the disposal of the last pending claim or other liability covered by all Programs of the Authority. The Board may in its sole discretion determine that earlier distributions are appropriate as to Programs for which there remains no claim or liability.

C. Following the termination of this Agreement, any Member which was a participant in any Program of CIRA shall pay any additional amount of premium, determined by the Board or its designee in accordance with a retrospective premium adjustment, which may be necessary to enable final disposition of all claims arising from losses under that Program during the Member’s period of participation.

D. The Board is vested with all powers of CIRA for the purpose of concluding and dissolving the business affairs of CIRA. The Board may designate legal counsel and any committee or person to carry out a plan of dissolution adopted by the Board.

8 65365.00002\33005619.4
ARTICLE XV.

LIABILITY OF MEMBERS, DIRECTORS, OFFICERS, AND COMMITTEE MEMBERS A. Pursuant to Government Code section 6508.1, except as to liabilities to a public retirement system, the debts, liabilities, and obligations of the Authority shall not constitute debts, liabilities, or obligations of any Member. However, each Member shall remain liable to the Authority for contributions assessed by the Authority to pay its debts, liabilities, or obligations.

B. The debts, liabilities or obligations incurred by either PARSAC or REMIF prior to the Effective Date shall not constitute the debts, liabilities or obligations of the other. Notwithstanding the preceding, the Authority intends to be the successor to the CalPERS pension obligations of REMIF pursuant to California Government Code Section 20508. As such, the liability to CalPERS with respect to service credited under REMIF’s CalPERS contract, and the continuing liability to CalPERS of the Authority with respect to service credit accrued both prior to and after the Effective Date under the Authority’s CalPERS contract, shall be the contractual liability of the Authority. The Authority and REMIF shall separately enter into an agreement to provide for the allocation of liability, and the payment of related contributions, with respect to service credit accrued prior to the Effective Date.

C. The representatives to the Board of Directors and to each of the Programs and any officer, employee, contractor, or agent of the Authority shall use ordinary care and reasonable diligence in the exercise of their power and in the performance of their duties under this Agreement.

Directors, officers, committee members of the Authority shall be liable for any act or omission within the scope of their office or employment by the Authority only in the event that they act or fail to act because of actual fraud, corruption, or actual malice or willfully fail or refuse to conduct the defense of a claim or action in good faith or to reasonably cooperate in good faith in the defense conducted by the Authority.

D. The Authority shall defend and indemnify its directors, officers, and employees to the same extent as any other public entity of the State of California is obliged to defend and indemnify its employees pursuant to Government Code Section 825, et seq., or other applicable provisions of law. Nothing herein shall limit the right of the Authority to purchase insurance to satisfy this obligation.

E. The Authority shall indemnify, protect, defend, and hold harmless each and all of the Members, and their officials, agents, and employees, for and from any and all liability, claims, causes of action, damages, losses, judgments, costs, or expenses (including attorney fees) resulting from an injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement by the Authority, by one or more of the Members, or any of their officials, employees, agents, or independent contractors.

9 65365.00002\33005619.4
ARTICLE XVI.

NOTICES
Notices to each Member under this Agreement shall be sufficient if mailed to its respective address on file with the Authority. Any Member may designate any other address in substitution of the foregoing address to which such notice will be given at any time by giving five days written notice to the Authority and all other Members.

ARTICLE XVII.

AMENDMENTS
This Agreement may be amended at any time with the approval of two-thirds of the Directors on the Board acting with the approval of their governing bodies, except that any amendment that reduces the voting requirement for termination of the Authority must be approved by three-fourths of the Directors on the Board acting with the approval of their governing bodies. Authority of the Member representative (director) to give such approval may be delegated such in advance by the Member’s governing body, or in the absence of such prior delegation by action of a Member’s governing body to approve the proposed amendment. The amended Agreement shall take effect on the first day of the month following the Authority’s receipt of notice of approval by two-thirds of the Members, unless otherwise stated in the Amendment, and once effective shall apply to all Members regardless of whether a particular Member approved the amendment. Refusal to execute or comply with the amended Agreement shall be a basis for expulsion of the Member. A Member that does not approve of the amendment may withdraw from the Authority and all its Programs at the end of the fiscal year next following the effective date of the amendment, notwithstanding the five-year minimum commitment provided for in Article III, Section C.

ARTICLE XVIII.

SEVERABILITY
Should any portion, term, condition, or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions shall not be affected thereby.

ARTICLE XIX.

COMPLETE AGREEMENT
The foregoing constitutes the full and complete Agreement of the parties. There are no oral understandings or agreements not set forth in writing herein, except as to the Bylaws.

10 65365.00002\33005619.4
ARTICLE XX.

TERM OF AGREEMENT
This Agreement shall become effective upon execution, and shall continue in effect until satisfaction of all obligations created hereunder following termination of the Authority created by this Agreement.

ARTICLE XXI.

COUNTERPARTS
The Agreement may be executed in multiple counterparts, each of which shall be considered an original.

ARTICLE XXII.

ARBITRATION
Any controversy arising out of this Agreement shall be submitted to binding arbitration, which shall be conducted in accordance with the provisions of the California Arbitration Act (California Code of Civil Procedure § 1280 et seq.).

ARTICLE XXIII.

FORCE MAJEURE
No party will be deemed to be in default where failure or delay in performance of any of its obligations (other than payment obligations) under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, actions of legislative, judicial, executive, or regulatory government bodies or other cause, without fault and beyond the reasonable control of such party (“Force Majeure”). If any such events shall occur, the time for performance by such party of any of its obligations under this Agreement will be extended by the parties for the period of time that such events prevented such performance. Upon the occurrence of an event of Force Majeure, the affected party shall: (i) promptly notify the other parties of such Force Majeure event, (ii) provide reasonable details relating to such Force Majeure event and (iii) implement mitigation measures to the extent reasonable.

ARTICLE XXIV.

DEFINITIONS
The following definitions shall apply to the provisions of this Agreement and the Bylaws of the Authority:

A. “Agreement” shall mean this Agreement, as it may be amended from time to time, creating the California Intergovernmental Risk Authority.

B. “Board” or “Board of Directors” shall mean the governing body of the Authority.

C. “Bylaws” shall mean the Bylaws attached to this Agreement, as amended from time to time by the Board consistent with the amendment provisions in the Bylaws.

11 65365.00002\33005619.4
D. “Claim(s)” shall mean demand(s) made against the Member arising out of occurrences which are covered or alleged to be covered by the Authority’s Memorandums of Coverage or policies of insurance.

E. “Fiscal Year” shall mean the period of time commencing on July 1 of each year and ending on June 30 of the following year.

F. “Governing Documents” shall mean this Agreement, the Bylaws of the Authority, each Program’s Memorandum of Coverage, the Master Program Document, , and any other document stipulated as a Governing Document in the Bylaws or by action of the Board.

G. “Insurance” shall mean insurance or reinsurance purchased by the Authority to cover Claims against or losses of the Authority and/or its Members.

H. “Jurisdiction” shall mean the territory in which the Authority may exercise its powers; i.e., the State of California.

I. “Member” shall mean any public entity authorized to be a member of a Joint Powers Authority, which is a party to this Agreement and is participating in one or more Programs.

J. “Memorandum of Coverage” shall mean a document issued by the Authority for each Program specifying the coverages and limits provided to the Members participating in the Program.

K. “Participation” or “participating” shall refer to a Member that has elected to join and take part in a Program.

L. “Pooling” shall mean group self-insurance as allowed by Government Code section 990.8, Labor Code section 3700, or any other applicable law.

M. “Program” shall mean those coverage programs of risk sharing, insurance, self-insurance, pooling and risk management services created by the Authority to manage specific types of risks.

N. “Program Year” shall mean the annual period in each Program to be segregated for determination of coverage premiums or assessments.

O. “Risk Management” shall mean the process of identifying, evaluating, reducing, transferring, and eliminating risks. Risk Management includes, but is not limited to, various methods of funding claims payments, purchasing insurance, legal defense of claims, controlling losses, and determining self-insured retention levels and the amount of reserves for potential claims.

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IN WITNESS WHEREOF, the undersigned party hereto has executed this Agreement on the date indicated below.

California Intergovernmental Risk Authority ["CIRA"]
Date: _____________________ By: _________________________________________ Name/Title
Attest: __________________________________________
Secretary, CIRA
Member Entity: __________________________
Date: _____________________ By: __________________________________________ Name/Title
Attest: __________________________________________
City/Town Clerk

13 65365.00002\33005619.4
APPENDIX “A”

CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY MEMBERS

1. City of Arcata

2. City of Amador City

3. City of Avalon

4. City of Belvedere

5. City of Blue Lake

6. City of California City

7. City of Calimesa

8. City of Calistoga

9. City of Citrus Heights

10. City of Clearlake

11. City of Cloverdale

12. City of Coalinga

13. City of Cotati

14. City of Eureka

15. City of Ferndale

16. City of Fort Bragg

17. City of Fortuna

18. City of Grass Valley

19. City of Healdsburg

20. City of Highland

21. City of Lakeport

22. City of Menifee

23. City of Nevada City

24. City of Placentia

25. City of Placerville

26. City of Plymouth

27. City of Point Arena

28. City of Rancho Cucamonga

29. Rancho Cucamonga Fire Protection
District

30. City of Rancho Santa Margarita

31. City of Rohnert Park

32. City of San Juan Bautista

33. City of Sebastopol

34. City of Sierra Madre

35. City of Sonoma

36. City of South Lake Tahoe

37. City of St. Helena

38. City of Tehama

39. City of Trinidad

40. Town of Truckee

41. City of Twentynine Palms

42. City of Ukiah

43. City of Watsonville

44. City of Wheatland

45. City of Wildomar

46. City of Willits

47. Town of Windsor

48. Town of Yountville

49. City of Yucaipa

50. Town of Yucca Valley

Adopted May 25, 2017 i
APPENDIX “B”
PARSAC Agreement
PARSAC

JOINT POWERS AGREEMENT
Revised & Adopted May 25, 2017
Public Agency Risk Sharing
Authority of California

Adopted May 25, 2017 ii

TABLE OF CONTENTS
Page
ARTICLE I DEFINITIONS................................................................................................3 ARTICLE II PARTIES TO THE AGREEMENT................................................................6 ARTICLE III PURPOSES.....................................................................................................6

ARTICLE IV CREATION OF THE PUBLIC AGENCY RISK
SHARING AUTHORITY OF CALIFORNIA...............................................7 ARTICLE V TERM OF AGREEMENT..............................................................................7 ARTICLE VI POWERS OF PARSAC..................................................................................7 ARTICLE VII RESPONSIBILITIES OF MEMBER ENTITIES ..........................................8 ARTICLE VIII BOARD OF DIRECTORS ...........................................................................10 ARTICLE IX OFFICERS....................................................................................................13 ARTICLE X EXECUTIVE COMMITTEE .......................................................................13 ARTICLE XI ADMINISTRATION....................................................................................13 ARTICLE XII BUDGET ......................................................................................................14 ARTICLE XIII ANNUAL AUDITS AND REVIEWS..........................................................14

ARTICLE XIV ESTABLISHMENT AND ADMINISTRATION
OF FUNDS ...................................................................................................15 ARTICLE XV SUPPORT OF PARSAC'S GENERAL EXPENSES...................................16 ARTICLE XVI DEPOSIT PREMIUMS ................................................................................17 ARTICLE XVII PARSAC MEMBERSHIP............................................................................18 ARTICLE XVIII MEMORANDA OF COVERAGE ..............................................................18 ARTICLE XIX SIR MANDATORY RESERVES/PAYMENT............................................19

Adopted May 25, 2017 iii

ARTICLE XX RETROSPECTIVE PREMIUM ADJUSTMENTS AND
ASSESSMENTS...........................................................................................20 ARTICLE XXI NEW MEMBERS.........................................................................................21 ARTICLE XXII WITHDRAWAL...........................................................................................22 ARTICLE XXIII EXPULSION ................................................................................................25

ARTICLE XXIV EFFECT OF WITHDRAWAL OR EXPULSION ON
MEMBER ENTITY'S RESPONSIBILITIES...............................................26

ARTICLE XXV TERMINATION OF AGREEMENT AND
DISTRIBUTION OF ASSETS.....................................................................27 ARTICLE XXVI NOTICES......................................................................................................28 ARTICLE XXVII PROHIBITION AGAINST ASSIGNMENT................................................28 ARTICLE XXVIII AMENDMENTS ..........................................................................................29 ARTICLE XXIX SEVERABILITY..........................................................................................29 ARTICLE XXX AGREEMENT COMPLETE........................................................................29 ARTICLE XXXI EXECUTION OF COUNTERPARTS .........................................................30 APPENDIX "A" MEMBER ENTITIES

Adopted May 25, 2017 1
PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA [PARSAC]

JOINT POWERS AGREEMENT
THIS AGREEMENT is made in the State of California by and among those municipalities organized and existing under the laws of the State of California, hereinafter referred to as "Member Entity[ies]," which are parties’ signatory to this Agreement. All such Member Entities are listed in Appendix "A", which is attached hereto and made a part hereof.

RECITALS
A. California Government Code Section 6500 and following permits two or more public agencies by agreement to jointly exercise any power common to the contracting parties.

B. California Government Code Section 990.4 permits a local public entity to selfinsure, purchase insurance through an authorized carrier, or purchase insurance through a surplus line broker, or any combination of these;
C. California Government Code Section 990.6 provides that the cost of insurance provided by a local public entity is a proper charge against that local public entity; D. California Government Code Section 990.8 permits two or more local entities to, by a joint powers agreement, provide insurance for any purpose by any one or more of the methods specified in Government Code Section 990.4 and provides that such pooling of selfinsured claims or losses does not constitute the business of insurance under the California Insurance Code;

Adopted May 25, 2017 2
E. California Labor Code Section 3700(c) permits all political subdivisions of the State of California, including each member of a pooling arrangement under a joint exercise of powers agreement to self-insure against workers’ compensation claims by securing a certificate of consent from the Department of Industrial Relations; F. Each of the Member Entities, which is a party to this Agreement, desires to join with the other Member Entities to fund programs of insurance for workers' compensation, liability, property and other coverages to be determined and for other purposes set forth in Article III of this Agreement;
G. The governing body of each Member Entity has determined that it is in its own best interest and in the public interest that this Agreement be executed and that it participate as a member of the Public Agency Risk Sharing Authority of California [PARSAC] created by this Agreement; and
H. As of the effective date of this Agreement, this Agreement shall replace and supersede the Joint Powers Agreement Creating the Public Agency Risk Sharing Authority of California, dated May 21, 1986, as amended on November 20, 1987, July 1, 1989, and November 19, 1993, May 31, 1996, December 13, 2002, December 12, 2003, May 20, 2005, May 31, 2007, December 2, 2010, May 26, 2011 and May 25, 2017.

Now, therefore, in consideration of the above facts and the mutual benefits, promises and agreements set forth below, the Member Entities hereby agree as follows:

Adopted May 25, 2017 3

AGREEMENT

ARTICLE I

DEFINITIONS
The following terms shall have the following definitions:

A. “Agreement” shall mean this Revised and Restated Joint Powers Agreement creating the Public Agency Risk Sharing Authority of California [PARSAC].

B. “Alternate” shall mean the person designated by the Member Entity to act as a director of PARSAC in the absence of the Director. The Alternate shall have the same responsibility, power and authority as the Director when acting in the Director's stead.

C. “Board” or “Board of Directors” shall mean the governing body of PARSAC.

D. “Bylaws” shall mean the Bylaws of PARSAC, revised as of May 27, 2010, and as they may be further amended or revised.

E. “Claims” shall mean any demand[s] made against a Member Entity to recover for monetary damages within, or alleged to be within, the scope of coverage provided by any of PARSAC's Memoranda of Coverage [or any commercial insurance policy related to a PARSAC Program].

F. “PARSAC” shall mean the Public Agency Risk Sharing Authority of California created by this Agreement.

G. “Covered Loss” shall mean any loss resulting from a claim or claims against a Member Entity which is in excess of its Self-Insured Retention and which is covered by any of PARSAC's Memoranda of Coverage [or insurance policy related to a PARSAC Program].

H. “Deposit Premium” shall mean the estimated amount determined for each Member Entity necessary to fund each layer of coverage for each Policy Year of each

Adopted May 25, 2017 4
Program of PARSAC.

I. “Executive Committee” shall mean that committee of the Board, constituted and exercising the authority set forth in this Agreement and in the Bylaws.

J. “Fiscal Year” shall mean the period of time ending on June 30 of each year during which PARSAC is in existence.

K. “Incurred Loss” shall mean the amount of monies paid and reserved by PARSAC to investigate, defend and satisfy a demand or demands made against a Member Entity.

L. “Insurance” shall mean commercial insurance policies which PARSAC may purchase for its Member Entities, from time to time, in order to effect a transfer of risk.

The term "Insurance" shall not mean any self-insurance, risk-sharing or pooling of losses or risks.

M. “Liability Program Participant” shall refer only to members of PARSAC that have been approved and are in good standing to participate in the Liability Program.

N. “Member Entity” shall mean any California public entity which is a party signatory to this Agreement including any other agency for which the City Council sits as the Governing board.

O. “Memorandum of Coverage” shall mean the document or documents issued by PARSAC specifying the type and amount of coverages provided under any Program to the Member Entities by PARSAC.

P. “Program Year” shall mean a period of time, usually 12 months, for which each Program is to determine Deposit Premiums, Retrospective Premiums, and Retrospective Premium Adjustments.

Adopted May 25, 2017 5
Q. “Program” shall mean arrangements to cover specific types of claims which may include, but not be limited to, property, workers' compensation, and comprehensive liability claims.

R. “Public Entity” shall mean a county, city, whether general law or chartered, city and county, town, district, political subdivision, joint powers authority, or any board, commission, or agency thereof providing a municipal service, excluding school districts.

S. “Retrospective Premium” shall mean, the amount determined retrospectively as each Member Entity's share of losses, reserves, expenses and interest income as may be determined periodically for any Program.

T. “Retrospective Premium Adjustment” shall mean the amount necessary to periodically adjust the Deposit Premium, or prior Retrospective Premiums if any, to the newly calculated Retrospective Premium amount.

U. “Self-Insured Retention” or “SIR” shall mean the amount of loss from each occurrence which the Member Entity shall retain and pay directly and which shall not be shared by the Member Entities of PARSAC.

V. “Workers’ Compensation Program Participant” shall refer only to members of PARSAC that have been approved and are in good standing to participate in the Workers’ Compensation Program.

W. “Group Purchase Programs” shall mean coverage programs provided by insurance policies where there is no self-insurance, risk sharing or pooling.

Adopted May 25, 2017 6

ARTICLE II

PARTIES TO THE AGREEMENT
Each Member Entity is a party to this Agreement and agrees that it intends to, and does contract with, all other parties who are signatories of this Agreement and with such other parties as may later be added. Each Member Entity also agrees that the expulsion or withdrawal of any Member Entity from this Agreement shall not affect this Agreement nor the remaining parties as to the other Member Entities then remaining.

ARTICLE III

PURPOSES
This Agreement is entered into by the Member Entities in order to:

A. Create the Public Agency Risk Sharing Authority of California to carry out the purposes listed below and to exercise the powers contained in this Agreement; B. Develop effective risk management programs to reduce the amount and frequency of their losses;
C. Share some portion, or all, of the cost of their losses; D. Jointly purchase commercial insurance, associate with other risk-sharing pools, or self-insure against risks;
E. Jointly purchase administrative and other services including, but not limited to, underwriting, risk management, loss prevention, claims adjusting, data processing, brokerage, accounting and legal services when related to any of the other purposes; F. Provide other joint powers risk sharing authorities with management services; and
G. Do all things necessary to carry out the foregoing purposes, as well as all things necessary to implement the terms of this Agreement as permitted by law.

Adopted May 25, 2017 7

ARTICLE IV

CREATION OF THE PUBLIC AGENCY

RISK SHARING AUTHORITY OF CALIFORNIA
Pursuant to the California Government Code, the Member Entities hereby agree to continue in existence a public entity, separate and apart from the parties to this Agreement, to be known as the Public Agency Risk Sharing Authority of California ["PARSAC"]. The debts, liabilities or obligations of PARSAC shall not constitute debts, liabilities or obligations of any party to this Agreement. However, a Member Entity may separately contract for, or assume responsibility for, specific debts, liabilities or obligations of PARSAC.

ARTICLE V

TERM OF AGREEMENT
This Agreement shall become effective as of the date hereof and shall continue in full force and effect until terminated in accordance with Article XXVI.

ARTICLE VI

POWERS OF PARSAC
PARSAC shall have the powers common to its Member Entities in California and all additional powers permitted to a joint powers authority by California law, and the parties hereby authorize PARSAC to do all acts necessary to exercise such powers to fulfill the purposes of this Agreement including, but not limited to, the following:

A. Make and enter into contracts;
B. Incur debts, liabilities and obligations;
C. Acquire, hold, lease or dispose of real and personal property, contributions and donations of property, funds, services and other forms of assistance; D. Sue and be sued in its own name and settle any claim against it; E. Employ agents and employees;

Adopted May 25, 2017 8
F. Acquire, construct, manage, maintain or operate buildings, works or improvements;
G. Receive, collect, and disburse monies; and invest money not required for immediate necessities; and
H. Exercise all powers necessary and proper to carry out the terms and provisions of this Agreement.

ARTICLE VII

RESPONSIBILITIES OF MEMBER ENTITIES
Each member entity shall:

A. Sign this Agreement and its legally enacted amendments and participate in PARSAC's Liability Program and/or Workers’ Compensation Program; B. Sign a Membership Resolution for each Program;
C. Pay Deposit Premiums, Retrospective Premium Adjustments, and any Special Assessments to PARSAC on or before the due date;
D. Appoint, elect or remove representatives to serve as director and alternate on the Board, which representatives are expressly authorized to act on behalf of the Member Entity on all matters coming before the Board;
E. Assure that its representative director or alternate attends at least one meeting of the Board annually;
F. Assure that its representative director and alternate keep informed about PARSAC's activities and assist them in doing so;
G. Approve Amendments to this Agreement as set forth in Article XXIX; provided, however, the Member Entity may, by resolution or ordinance, authorize its director and alternate on the Board to approve and execute amendments on behalf of the Member Entity

Adopted May 25, 2017 9
without the necessity of a resolution or ordinance of the legislative body of the Member Entity confirming or ratifying such amendment.

H. File, in a prompt and timely manner, all statewide, county, and locally-mandated reports and filings, including but not limited to the Fair Political Practices Commission's Statement of Economic Interests;
I. Undertake a risk management audit of its facilities and activities, conducted by a person and/or firm approved by PARSAC's Executive Committee and, based upon such report, to evidence correction, elimination and/or clarification of all noted deficiencies or recommended corrections to the satisfaction of PARSAC's Executive Committee. Risk management audits may be required by the Executive Committee as frequently as it chooses.

Risk management audits may be paid by PARSAC and charged back to Member; J. Provide PARSAC with a copy of its most recent audited annual financial statements prepared by a Certified Public Accountant; or, if not available, provide PARSAC with the most recent set of unaudited monthly financial statements, and any other financial material as may be requested by PARSAC from time to time; K. Cooperate with, communicate and assist in a timely manner, PARSAC and any insurer, provider of excess coverage, claims adjuster, legal counsel or other service provider engaged or retained by PARSAC in all matters relating to this Agreement; L. Promptly cooperate with PARSAC to determine and/or clarify any incidents which might become losses, the cause of any and all actual losses, and methods to bring about settlement of claims;
M. Comply with its obligations and responsibilities under this Agreement, the

Adopted May 25, 2017 10
Bylaws, the Memoranda of Coverage, the Risk Management Standards, PARSAC's policies and procedures, and any other contract or requirement [as any of the foregoing may be created or amended] necessary to implement this Agreement or any Program; N. Pay any fines or penalties assessed by the Board or any regulatory agency that are attributable to the Member Entity's failure to perform in accordance with self-insurance regulations or comply with the provisions of this Agreement. An appeal may be filed with the appropriate regulatory agency. All decisions of the Board are final.

O. Use an Executive Committee-approved third-party claims administrator for claims handling, under such circumstances as the Board of Directors may require.

Failure to comply with any of the obligations under this section may be grounds for expulsion pursuant to Article XXIV of this Agreement.

ARTICLE VIII

BOARD OF DIRECTORS
Except as otherwise provided in this Agreement or in the Bylaws, the powers of PARSAC shall be exercised, its property shall be controlled, and its affairs shall be conducted by its Board of Directors whose meetings, functions and activities shall be governed by the Bylaws.

The Board shall be composed of one director who represents and acts on behalf of each respective Member Entity which participates in PARSAC's Liability and/or Workers’ Compensation Program. The number of persons on the Board shall be equal to the number of Member Entities. In addition, each Member Entity shall appoint a second individual as alternate director, who shall have the authority to attend, participate in, and vote at any meeting of the Board when the respective director is absent. Each director and alternate director shall be an elected official or employee of the respective Member Entity, shall be appointed by the

Adopted May 25, 2017 11
respective Member Entity's governing body, and shall serve at its pleasure. If a director or alternate ceases to be an employee or elected official of a Member Entity for any reason, his or her position on the Board and any of its committees shall immediately terminate.

The Board of Directors shall have the following powers and functions:

A. The Board shall exercise all powers and conduct all business of PARSAC, either directly or by delegation of authority to other bodies or persons pursuant to this Agreement and applicable law;
B. The Board shall form an Executive Committee from its membership. In the Bylaws the Board shall delegate to that Committee such powers as it sees fit; C. The Board may form such other committees as it deems appropriate in conducting PARSAC's business;
D. The Board shall elect PARSAC's officers;
E. The Board shall cause to be prepared and adopt PARSAC's annual operating budget;
F. The Board shall develop, or cause to be developed, and shall review, modify as necessary, and adopt each of PARSAC's Programs, including all provisions for reinsurance and administrative services necessary to carry out such Program; G. The Board shall contract or otherwise provide for necessary services to PARSAC and to Member Entities. These necessary services may include, but shall not be limited to, risk management consulting, loss prevention and control, centralized loss reporting, actuarial consulting, claims adjusting, and legal defense services; H. The Board, either directly or through the Executive Committee, shall provide policy direction to PARSAC's General Manager;

Adopted May 25, 2017 12
I. The Board shall receive and act upon reports of its committees and the General Manager, either directly or through the Executive Committee; J. The Board shall establish monetary limits upon any delegation of the claims payment and settlement authority, beyond which a proposed settlement must be referred to the Board for approval;
K. The Board may require that PARSAC review, audit, report upon, and make recommendations with regard to the safety or claims administration functions of any Member Entity insofar as those functions are affecting PARSAC's liability or potential liability. The Board may forward any or all such recommendations to the Member Entity with a request for compliance and a statement of potential consequences for noncompliance; L. The Board shall receive, review and act upon periodic reports and audits of PARSAC's funds;
M. The Board may amend, repeal or adopt new Bylaws, this Agreement or other key documents;
N. The Board may increase, decrease, or otherwise amend the coverages, limits and other terms of any Memorandum of Coverage;
O. The Board shall approve any proposal by the Executive Committee for Special Assessments from the Member Entities before such Special Assessments are billed; P. The Board may expel a Member Entity from any Program or from membership in PARSAC pursuant to Article XXIV of this Agreement;
Q. The Board may ratify actions of the Executive Committee, where such ratification is required before the action becomes final; R. The Board may enter into a joint venture or contractual arrangement with any

Adopted May 25, 2017 13
similar entity and may also enter into a merger or acquisition agreement with a similar entity, provided that if PARSAC is not the surviving entity in any such merger or acquisition, such action shall require approval by the vote of three-fourths of the Member Entities; and S. The Board shall have such other powers and functions as are provided for in this Agreement, the Bylaws, and applicable law.

ARTICLE IX

OFFICERS
The officers of PARSAC shall be the President, Vice President, Treasurer, and Auditor/Controller, and their qualifications and duties shall be those set forth in the Bylaws.

ARTICLE X

EXECUTIVE COMMITTEE
There shall be an Executive Committee, all of whose members shall be directors. The Executive Committee shall set policy for and direct the administration of PARSAC on a day-today basis and may, without limitation, provide incentives and impose penalties, financial or otherwise, for performing or failing to perform in conformance with PARSAC requirements, programs, standards and policies. The composition, specific authority and meeting arrangements of the Executive Committee shall be set forth in the Bylaws.

ARTICLE XI

ADMINISTRATION
PARSAC shall have a general manager, who shall be appointed or terminated by the Executive Committee, shall be responsible to the Executive Committee for the efficient and effective administration of PARSAC, and who shall serve as the Secretary of PARSAC. The General Manager shall attend all meetings of the Board, the Executive Committee, and other committees of the Board (but shall have no vote), shall prepare and maintain all minutes of meetings of the Board and its Committees, notices of meetings, and records of PARSAC, and

Adopted May 25, 2017 14
shall carry out all duties set forth in the Bylaws.

ARTICLE XII
BUDGET
The Executive Committee shall recommend and the Board shall adopt an annual operating budget prior to the beginning of each Fiscal Year.

ARTICLE XIII

ANNUAL AUDITS AND REVIEWS
A. Financial Audit. The Auditor/Controller shall cause an annual financial audit of the accounts and records to be prepared by a Certified Public Accountant in compliance with California Government Code Sections 6505 and 6505.5 or 6505.6 with respect to all receipts, disbursements, other transactions and entries into the books of PARSAC. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Government Code Section 26909 and shall conform to generally accepted accounting standards. A report of each such audit shall be filed as a public record with the Board, each of the Member Entities, and the auditor/controller of the county in which PARSAC’s administrative office is located. The report shall be filed within twelve [12] months of the end of the fiscal year under examination. PARSAC shall pay all costs for such financial audits.

B. Actuarial Review. The Board shall cause an annual actuarial review to be prepared for each of the Programs of PARSAC and a report of such actuarial review shall be made available for inspection by the Board and the Member Entities. PARSAC shall pay all costs for such actuarial review.

C. Claims Audit. The Board shall cause a biannual claims audit of the administration of the claims for each of the Programs of PARSAC. A report of such claims review shall be made available for inspection by the Board and the Member Entities. PARSAC

Adopted May 25, 2017 15
shall pay all costs of such claims reviews.

ARTICLE XIV

ESTABLISHMENT AND ADMINISTRATION OF FUNDS
PARSAC shall be responsible for the strict accountability of all funds and the reporting of all receipts and disbursements in accordance with generally accepted accounting principles.

It will comply with all provisions of law relating to this subject, including California Government Code Sections 6500-6525.

The Treasurer of PARSAC shall establish and maintain such funds and accounts as may be required by good accounting practices and by the Board. Separate accounts shall be established and maintained for each Program Year of each Program of PARSAC. Books and records of PARSAC in the hands of the Treasurer or other designated person shall be open to inspection at all reasonable times by members of the Board or authorized representatives of the Member Entities.

The Treasurer shall have the custody of and disburse PARSAC’s funds. He or she may delegate disbursing authority to such persons as may be authorized by the Board to perform that function provided that, pursuant to Government Code Section 6505.5, the Treasurer shall:

A. Receive and acknowledge receipt of all funds of PARSAC and place them in the treasury to the credit of PARSAC;
B. Be responsible upon his or her official bond for the safekeeping and disbursement of PARSAC's funds so held by him or her;
C. Pay any sums due from PARSAC as approved for payment by the Board or by any body or person to whom the Board has delegated approval authority, making such payments from PARSAC's funds upon warrants drawn by the Auditor; D. Verify and report in writing to PARSAC and to Member Entities, as of the first

Adopted May 25, 2017 16
day of each quarter of the fiscal year, the amount of money then held for PARSAC, the amount of receipts since the last report, and the amount paid out since the last report; E. Prepare a complete written report of all financial activities within one hundred and twenty [120] days after the close of each fiscal year for such fiscal year to the Board and to each Member Entity; and
F. Receive, invest, and disburse funds in accordance with the procedures established by the Board or the Bylaws and in conformity with applicable law.

Pursuant to Government Code Section 6505.1, the General Manager, the Treasurer, and such other persons as the Board may designate shall have charge of, handle, and have access to PARSAC's property.

PARSAC shall secure and pay for a fidelity bond or bonds, in an amount or amounts and in form specified by the Board, covering all officers and employees of PARSAC who are authorized to hold or disburse PARSAC's funds and all officers and employees who are authorized to have charge of, handle, and have access to PARSAC's property.

The Authority shall defend and indemnify its directors, officers, and employees to the same extent as any other public entity of the State of California is obliged to defend and indemnify its public employees pursuant to California Government Code Section 825, et seq., or other applicable provisions of law.

The Authority may insure or self-insure itself to the extent deemed necessary by the Board against loss, liability and claims arising out of or connected to the conduct of the Authority’s activities.

ARTICLE XV
SUPPORT OF PARSAC’S GENERAL EXPENSES
Costs of staffing and supporting PARSAC [hereinafter called PARSAC's general

Adopted May 25, 2017 17
expenses] shall be equitably allocated among the various Programs by the Board, and shall be funded by the Member Entities which participate in such Programs [and ex-Member Entities] in accordance with such allocations.

ARTICLE XVI

DEPOSIT PREMIUMS
The Deposit Premiums for the Liability and Workers’ Compensation Programs shall be set at a level estimated to be sufficient, as determined by the Executive Committee, to cover PARSAC’s budget for each Policy year. The Deposit Premiums for the Member Entities shall be set by PARSAC using various rating and underwriting criteria, such as:
[1] The Member Entity's payroll;
[2] The Member Entity's exposure base;
[3] The results of an on-site underwriting inspection;
[4] The Member Entity's prior claims history;
[5] Total insurable values; and/or
[6] Employee classification ratings.

Deposit Premiums for the Liability, Workers’ Compensation, and Group Purchase Programs shall be billed to the Member Entities.

At the conclusion of each Program Year, PARSAC shall conduct a payroll audit of each Member Entity to adjust for any discrepancies between estimated and actual payroll. In the sole discretion of PARSAC, an on-site payroll audit may be conducted by PARSAC or an independent auditor. Any adjustments in payrolls, either debits or credits, shall result in an assessment of additional premiums or a return of overpaid premiums. This adjustment shall be made within sixty (60) days after the date of the audit.

Adopted May 25, 2017 18

ARTICLE XVII

PARSAC MEMBERSHIP
Member Entities shall participate in PARSAC's Liability Program and/or Workers’ Compensation Program as a condition of membership in PARSAC. Participation in either Program shall be a minimum of three years and the Term shall be renewed for subsequent oneyear periods at the commencement of each Program Year upon payment of the applicable Deposit Premium, unless termination, withdrawal, or expulsion occurs pursuant to Articles XXIII and XXIV of this Agreement. The Executive Committee shall establish the initial SIR for each Liability or Workers’ Compensation Program Participant and may require a different SIR for Program Participants from time to time, in its sole discretion.

Program Years shall begin on July 1 of each year and shall continue through the following June 30. Retroactive coverage may be provided as approved by the Board and documented on the Declaration Page of the respective Memorandum of Coverage.

ARTICLE XVIII

MEMORANDA OF COVERAGE
The types and amounts of coverage for each Program available to Member Entities shall be specified in a Declarations Page and/or Memorandum of Coverage which shall be issued by PARSAC to each Member Entity for each Program Year in which the Member Entity has coverage. The Board shall have the power and authority to decrease, increase, or amend the coverage provided by a Memorandum of Coverage. If any such amendment is approved by the Board during a Program Year, no Member Entity participating in that Program Year shall be entitled to withdraw by reason of any said amendment prior to the termination of that Program Year.

Adopted May 25, 2017 19

ARTICLE XIX

SIR MANDATORY RESERVES/PAYMENTS
A Member Entity participating in the Liability Program must establish by resolution a “Fund Balance Reserve” (“Reserve”) equal to three times (3) the designated SIR, or any underlying insurance deductible chosen, and approved for the Member Entity by PARSAC.

The Reserve will be recorded and maintained in the appropriate Member Entity Fund in accordance with Generally Acceptable Accounting Principles.

PARSAC will be notified of any proposed adjustment to the Reserve prior to the Member Entity’s adoption of such a resolution.

PARSAC may request certification, by the Member Entity, of the balance in the Reserve account at any time.

Applicants establishing coverage with PARSAC shall be required to submit the “Fund Balance Reserve Resolution” prior to coverage inception.

Any Member Entity which does not desire to establish a local Fund Balance Reserve at the required three-times its SIR, or underlying insurance deductible amount, may contract for an actuarial study of its losses and reserves by a Fellow of the Casualty Actuary Society (FCAS) to ascertain and represent to PARSAC adequate SIR Reserves. Such SIR amount shall be established as the correct Reserve for that Member Entity.

Although not obligated to do so, PARSAC may elect to pay a portion of claims expenses before the Member Entity’s self-insured retention has been exhausted in order to expedite the resolution of a claim. In this event, the member will be invoiced and shall have 30 days from the date of invoice to remit reimbursement. A 10% penalty shall be applied to the balance if payment is not received by the due date.

The claims payment procedures for members participating in the Workers’

Adopted May 25, 2017 20
Compensation Program with a self-insured retention are as follows:

1. The Member Entity shall set up a checking account with the Third-Party Administrator (TPA). The TPA shall pay all claim expenses within the Member’s Entity’s self-insured retention from the checking account. The Member Entity shall be responsible for ensuring sufficient funds are available for all costs related to the checking account, including any set-up fees charged by the TPA; or

2. PARSAC shall pay all claim expenses within the Member Entity’s self-insured retention, which shall be reconciled and invoiced to the Member Entity quarterly.

The Member Entity shall have 30 days from the date of invoice to submit its selfinsured retention payment. A 10% penalty shall be applied to the balance if payment is not received by the due date. This option is available to Member Entities with an SIR of $100,000 or lower.

ARTICLE XX

RETROSPECTIVE PREMIUM ADJUSTMENTS AND ASSESSMENTS
Retrospective Premium Adjustments (RPA) for self-funded Programs shall be calculated annually as determined by each Program’s funding policy. The Board may determine and levy special assessments on Member Entities by majority vote.

The RPA is a financial reconciliation made by PARSAC to determine whether the Deposit Premium collected for that Policy Year was sufficient to cover the costs. An RPA summary is presented annually to the Board for approval. Distribution of credits or collection of assessments will follow each Program’s funding policy.

If a Member Entity has timely withdrawn or been expelled from a Program, any Retrospective Premium Adjustment credit shall remain with PARSAC until all Policy Year(s) in which they participated have been closed and reconciled. Any Retrospective Premium

Adopted May 25, 2017 21
Adjustment deficit shall be billed to the Member Entity at the time that particular Policy Year(s) is being reconciled. If a withdrawn or expelled member’s total equity for all program years in which they participated is insufficient, the member will be billed at the time the deficit is identified. A member that has untimely withdrawn from a program foregoes their right to any remaining equity and is subject to assessment for any deficits.

ARTICLE XXI

NEW MEMBERS
Any California public entity as defined in Article I may apply for membership in PARSAC and participation in any of PARSAC's Programs at any time. Public Entities must participate in either the Liability or Workers’ Compensation program before participating in other Program offerings.

PARSAC shall review all requests for Program membership, and the Executive Committee shall approve and the Board shall ratify, which applicants shall be accepted for membership, in which Programs they may participate, and when such participation shall begin.

Public Entities shall become new Member Entities as of the effective date of coverage indicated on the Program Declarations Page and upon payment of the Deposit Premium. Public Entities which are in the process of formation shall be covered only as of the effective date of formation.

Deposit Premiums for coverage which begins during a Program Year may be prorated for the remainder of the Program Year. A Public Entity applying for membership in the Workers’ Compensation or Liability Program shall complete, return and comply with all of the following:

A. An “Application for a Certificate of Consent to Self-Insure” from the Department of Industrial Relations/Division of Self-Insurance Plans (DIR/SIP) (Workers’ Compensation only);

Adopted May 25, 2017 22
B. Loss reports for the five (5) most recent policy years; C. Estimated payroll for the current year and corresponding to the 5 years of loss data
D. Liability Exposure questionnaire from PARSAC, questionnaires from the excess carrier or reinsurer, and most recent three years’ audited financial statements; E. Undertake a risk management audit of its facilities and activities and, based upon such audit report, provide evidence of correction, elimination and/or clarification of all noted deficiencies revealed by such inspection; and
F. Such other information as is reasonably required by PARSAC to assure compliance with law and PARSAC policies.

ARTICLE XXII

WITHDRAWAL
Any Member Entity who has been a member for at least three full fiscal years may withdraw from its status as a member and as a party to the Joint Powers Agreement by submitting notice in writing to PARSAC as follows:

A. Timely Notice of Withdrawal. A withdrawing Member Entity must notify PARSAC of its intention to withdraw at least six (6) months prior to the end of the fiscal year in which the member intends to withdraw, unless a shorter withdrawal period is approved by the Executive Committee, in its sole discretion. Withdrawing members who submit Timely Notice shall be subject to an administrative fee equal to their pro-rata share of ongoing expenses for the three program years following withdrawal. Ongoing expenses include but are not limited to staff payroll and benefits, actuarial services, investment services, financial audits, and claims administration. Withdrawing member will be

Adopted May 25, 2017 23
invoiced for their portion of the administrative fee each of the three years.

Calculation and Payment of Fee. The administrative fee shall be calculated based on the member’s actual payroll and self-insured retention level in the last year in which the member participated. In year one, 100% of the administrative fee will be charged to the member; 50% in year two; and 25% in year three. The withdrawing member shall be invoiced for their portion of the administrative fee and it shall not be taken from equity. Should equity be insufficient to cover any deficit, the member will be subject to assessment. The withdrawing member’s equity will remain with PARSAC until all years in which the member has participated are closed. Any equity remaining after all years have closed will be returned to the withdrawn member.

B. Untimely Notice of Withdrawal. Members submitting a notice of intent to withdraw less than six (6) months prior to the end of the fiscal year, but not later than April 1, in which the member intends to withdraw shall be considered untimely. In the event of an untimely notice of intent to withdraw, the withdrawing member shall forego their right to any remaining equity. In addition to foregoing equity, withdrawing members who submit Untimely Notice shall be subject to an administrative fee equal to their pro-rata share of ongoing expenses for the three program years following withdrawal. Ongoing expenses include but are not limited to staff payroll and benefits, actuarial services, investment services,

Adopted May 25, 2017 24
financial audits, and claims administration, and will remain subject to both the administrative fee and assessments for all years in which they participated. Withdrawing members will be invoiced for their portion of the administrative fee each of the three years. Calculation and Payment of Fee. The administrative fee shall be calculated based on the member’s actual payroll and self-insured retention level in the last year in which the member participated. In year one, 100% of the administrative fee will be charged to the member; 50% in year two; and 25% in year three.

Withdrawal from the Liability or Workers Compensation Program shall terminate coverage under that Program. If withdrawal would result in the Member Entity no longer being a member of either the Liability or the Workers Compensation Program, then such withdrawal shall constitute withdrawal from this Agreement and from membership in PARSAC, subject to the ex-Member Entity's continuing obligations under Article XXV below.

A notice of intent to withdraw may be rescinded in writing with Executive Committee consent at any time earlier than ninety (90) days before the expiration of the withdrawal period, except that any withdrawal approved by the Executive Committee upon less than 6 months notice shall be final.

Any Member Entity which withdraws as a participant in any Program may renew participation in that Program by complying with all Program rules and regulations.

Adopted May 25, 2017 25

ARTICLE XXIII

EXPULSION
Regardless of its three-year commitment under the Liability and/or Workers’ Compensation Program, a Member Entity may be expelled from PARSAC or a Program either with or without cause. The General Manager shall review any lack of satisfactory performance or other problem with the Member Entity and shall attempt to resolve the matter. If the General Manager determines that the Member Entity is unwilling or unable to correct the problem, the General Manager shall present the matter to the Executive Committee. The Executive Committee may recommend to the Board that the Member Entity be expelled, either with or without cause. Written notice of the Executive Committee's recommendation for expulsion shall be delivered to the Member Entity with return receipt at least fourteen [14] days before the Board meeting at which the matter will be discussed. Action by the Board shall require the vote of a majority of the total number of directors. Expelled members are subject to the administrative fee for a timely withdrawal as described in Article XXIII, Paragraph A.

In considering the expulsion of a Member Entity, the Executive Committee shall allow the affected Member Entity a reasonable opportunity to address and remedy the reasons, if any, for the proposed expulsion. The period of time so allowed shall be within the sole discretion of the Executive Committee. If such a reasonable opportunity is allowed, PARSAC may require quarterly audits to monitor the affected Member Entity's remedial actions or any other conditions to its continued participation in PARSAC or its Programs.

A Member Entity which is the subject of a proposed expulsion shall be responsible for investigating the availability of alternate coverage. On the request of the Member Entity, the Board may permit the Member Entity a reasonable time to make arrangements for alternative coverage, but such period of time shall be at the Board's sole discretion.

Adopted May 25, 2017 26

ARTICLE XXIV

EFFECT OF WITHDRAWAL OR EXPULSION

ON MEMBER ENTITY'S RESPONSIBILITIES
The withdrawal or expulsion of any Member Entity after its participation in any Program shall not terminate its responsibility with respect to the following:

A. Provide PARSAC with such statistical and loss experience data and other information as may be necessary for PARSAC to carry out the purposes of this Agreement; B. Pay to PARSAC when due any Deposit Premiums or Retrospective Premium Adjustments for each Policy Year of each Program in which it participated; C. Cooperate fully with PARSAC in determining the cause of losses in the settlement of claims;
D. Cooperate with and assist PARSAC and any insurer, excess provider, claims adjuster, legal counsel or other service provider engaged or retained by PARSAC in all matters relating to this Agreement; and
E. Comply with the Bylaws and all policies and procedures of PARSAC not inconsistent with the provisions of this Agreement and not inconsistent with its withdrawal from PARSAC.

Disposition of Equity – Timely Withdrawal or Expulsion. In addition, PARSAC shall retain all remaining equity, and the ex-Member Entity is obligated to pay any future assessments made with respect to the Policy Years of any Program in which it participated, until all such Policy Year[s] have been closed, at which time PARSAC shall refund to the exMember Entity, any remaining equity which was not expended in settling, paying or otherwise resolving claims against the ex-Member Entity.

Disposition of Equity – Untimely Withdrawal. PARSAC shall retain all remaining equity

Adopted May 25, 2017 27
and the ex-Member Entity is obligated to pay any future assessments made with respect to the Policy Years of any Program in which it participated, until all such Policy Year[s] have been closed and the administrative fee charged per Article XXII, Paragraph B.

ARTICLE XXV

TERMINATION OF AGREEMENT AND DISTRIBUTION OF ASSETS
This Agreement shall continue in full force and effect until terminated. Termination of this Agreement shall also constitute the termination of all Programs. This Agreement may be terminated at any time by the vote of three-fourths of the Member Entities; provided, however, that this Agreement and PARSAC shall continue to exist for the purpose of disposing of all claims and paying its obligations (to CalPERS) for employees’ health and pension benefits, before the distribution of assets, and any other functions necessary to wind up the affairs of PARSAC.

Upon termination of this Agreement, all assets of each Program of PARSAC shall be distributed among the Member Entities [and ex-Member Entities which previously timely withdrew or were expelled] which participated in such Programs, in accordance with the retrospective premium adjustment process in effect during the term of this Agreement. Such distributions shall be determined within six [6] months after the disposal of the last pending claim or other liability covered by each Program.

Following the termination of this Agreement, any Member Entity which was a participant in any Program of PARSAC shall pay any additional amount of premium, determined by the Board or its designee in accordance with a retrospective premium adjustment, which may be necessary to enable final disposition of all claims arising from losses under that Program during the Member Entity's period of participation.

The Board is vested with all powers of PARSAC for the purpose of concluding and

Adopted May 25, 2017 28
dissolving the business affairs of PARSAC. The Board may designate legal counsel and any committee or person to carry out a plan of dissolution adopted by the Board.

ARTICLE XXVI

NOTICES
Notices to Member Entities under this Agreement or the Bylaws shall be sufficient if mailed to their respective addresses on file with PARSAC. Notices to PARSAC shall be sufficient if mailed to the address of the principal executive office of PARSAC, addressed to the General Manager.

ARTICLE XXVII

PROHIBITION AGAINST ASSIGNMENT
No Member Entity may assign any right, claim, or interest it may have under this Agreement, and no creditor, assignee or third-party beneficiary of any Member Entity shall have any right, claim or title to any part, share, interest, fund, premium or asset of PARSAC.

ARTICLE XXVIII

AMENDMENTS
This Agreement may be amended by a two-thirds vote of the Board present and voting at any duly convened regular or special meeting; provided that, any such amendment has been submitted to the directors and the Member Entities at least thirty [30] days in advance of such meeting. Member Entities may, by resolution or ordinance, grant their director and alternate on the Board explicit authorization to approve and execute amendments to this Agreement on behalf of the Member Entity without the necessity of a resolution or ordinance of the legislative body of the Member Entity confirming or ratifying such amendment. Any such amendment shall become effective immediately, unless otherwise stated therein.

Adopted May 25, 2017 29

ARTICLE XXIX

SEVERABILITY
Should any portion, term, condition or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions and provisions shall not be affected thereby.

ARTICLE XXX

AGREEMENT COMPLETE
The foregoing constitutes the full and complete agreement of the parties. There are no oral understandings or agreements not set forth in writing herein, except as noted with respect to the Bylaws and Memoranda of Coverage. If any provision of this Agreement conflicts with a provision of the Bylaws, Memoranda of Coverage or other document, such conflicting provisions shall be interpreted to avoid any such conflict, but this Agreement shall govern.

Adopted May 25, 2017 30

ARTICLE XXXI

EXECUTION OF COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original, but altogether shall constitute one and the same Agreement.

Public Agency Risk Sharing Authority of California ["PARSAC"] Date: By: ________________________________________
Name/Title
Attest: __________________________________________
Deputy Secretary, PARSAC
Member Entity: __________________________
Date: By: __________________________________________
Name/Title
Attest: __________________________________________
City/Town Clerk

Adopted May 25, 2017 31
APPENDIX “A”

PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA
[PARSAC]

MEMBER ENTITIES
City of Amador City
City of Avalon
City of Belvedere
City of Blue Lake
City of California City
City of Calimesa
City of Calistoga
City of Citrus Heights
City of Clearlake
City of Coalinga
City of Ferndale
City of Grass Valley
City of Highland
City of Menifee
City of Nevada City
City of Pacific Grove
City of Placentia
City of Placerville
City of Plymouth
City of Point Arena
City of Rancho Cucamonga
Rancho Cucamonga Fire Protection District
City of Rancho Santa Margarita
City of San Juan Bautista
City of South Lake Tahoe
City of Tehama
City of Trinidad
Town of Truckee
City of Twentynine Palms
City of Watsonville
City of West Hollywood
City of Wheatland
City of Wildomar
Town of Yountville
City of Yucaipa
Town of Yucca Valley

PARSAC

AGREEMENT FOR APPORTIONMENT OF

RETIREMENT OBLIGATIONS
Public Agency Risk Sharing
Authority of California
Appendix "C"
Public Agency Rish Sharing Authority of California (PARSAC) Agreement for Apportionment of Retirement Obligations Dated May 25, 2017

PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA [PARSAC]

AGREEMENT FOR APPORTIONMENT OF RETIREMENT OBLIGATIONS
THIS AGREEMENT is made in the State of California by and among those municipalities organized and existing under the laws of the State of California, hereinafter referred to as "Member Entity[ies]," which are parties' signatory to the Joint Powers Authority Agreement (as revised effective May 25, 2017, hereafter "JPA Agreement. All such Member Entities are listed in Appendix "A, 11 which is attached hereto and made a part hereof.

RECITALS
Whereas P ARSAC is an entity formed under California Government Code § 6500 which permits two or more public agencies by agreement to jointly exercise any power common to the contracting parties.

Whereas California Government Code§ 6508.2 requires that the member agencies of a joint powers agency ("AGENCY") mutually agree to a 100% apportionment of the AGENCY's retirement liability prior to either a dissolution of the AGENCY or the termination of the AGENCY's participation in a public retirement system.

Now, therefore, in consideration of the above facts and the mutual benefits, promises and agreements set forth below, the Member Entities hereby agree as follow:

AGREEMENT

ARTICLE I

DEFINITIONS
The following terms shall have the following definitions:

A. "Agreement" shall mean this Revised and Restated Joint Powers Agreement creating the Public Agency Risk Sharing Authority of California [PARSAC]. 2

B. "Board" or "Board of Directors" shall mean the governing body of PARSAC.

C. "P ARSAC" shall mean the Public Agency Risk Sharing Authority of California created by this Agreement.

D. "Deposit Premium" shall mean the estimated amount determined for each Member Entity necessary to fund each layer of coverage for each Policy Year of each Program of PARSAC.

E. "Member Entity" shall mean any California public entity which is a party signatory to this Agreement including any other agency for which the City Council sits as the Governing board.

F. ''Program Veart
' shall mean a period of time, usually 12 months, for which each Program is to determine Deposit Premiums, Retrospective Premiums, and Retrospective Premium Adjustments.

G. '•Program" shall mean arrangements to cover specific types of claims which may include, but not be limited to, property, workers' compensation, and comprehensive liability claims.

H. ''Public Entin" shall mean a county, city, whether general law or chartered, city and county, town, district, political subdivision, joint powers authority, or any board, commission, or agency thereofp
_
roviding a municipal service, excluding school districts.

I. ''Public Retirement System" shall mean CalPERS or any other Public Entity retirement program established or operated by a California Public Entity available to public employees as to which current or former employees of P ARSAC participated.

J. '�Retirement Liability" shall mean the liability that PARSAC possesses to all former or current employees of PARSAC for retirement benefits owed to them pursuant to a contract between PARSAC and a Public Retirement System and arising by reason of those employees participation in the Public Retirement System.
3

K. '•Retrospective Premium" shall mean, the amount determined retrospectively as each Member Entity's share of losses, reserves, expenses and interest income as may be determined periodically for any Program.

L. '�Retrospective Premium Adiustmenf' shall mean the amount necessary to periodically adjust the Deposit Premium, or prior Retrospective Premiums if any, to the newly calculated Retrospective Premium amount.

ARTICLE II

PARTIES TO THE AGREEMENT
Each Member Entity is a party to this Agreement and agrees that it intends to, and does contract with, all other parties who are signatories of this Agreement and with such other parties as may later be added. Each Member Entity also agrees that the expulsion or withdrawal of any Member Entity from this Agreement shall not affect this Agreement nor the remaining parties as to the other Member Entities then remaining.

ARTICLE III

PURPOSE
This Agreement is entered into by the Member Entities in order to:

A. Provide for an apportionment among current and fonner PARSAC Member Entities of 100% of P ARSAC' s Retirement Liability consistent with the requirements of Government Code §§ 6508.1 and 6508.2 as enacted and amended effective January 1, 2019. The current Member Entities of PARSAC are set forth in Appendix A. The former Member Entities of PARSAC as of the date of this Agreement are set forth in Appendix B. 4

ARTICLE IV
MF.TH On OF A PPORTTONMF.NT OF RF,TIREMENT LIA RH JTY
A. In the event of a decision by the governing Board of PAR SAC to dissolve and cease all operations, or in the event of a decision by the governing Board of P ARSAC to terminate PARSAC's contract with a Public Retirement System, the Member Entities agree that 100% of PARSAC' s Retirement Liability shall be funded by all current and former PARSAC Member Entities based on a pro rata share of the former and current Member Entities' historical Deposit Premium in the Workers' Compensation and Liability self-funded Programs. The apportionment of the Retirement Liability shall be calculated as set forth above, and the unfunded Retirement Liability then existing shall be paid as follows: The unfunded Retirement Liability then existing shall be paid prior to any distribution of assets as provided in ARTICLE XXV of the JPA Agreement and prior to the payment of any equity that may be determined as the result of the Retrospective Premium Adjustment process as set forth in ARTICLE XX. (For example, should a Member Entity have remaining equity in either the Workers' Compensation or Liability program, at the time of PARSAC's dissolution or PARSAC's termination of PARSAC's contract with a public retirement system, the Member Entity's equity shall first be applied to reduce that Member Entity's share of the apportionment of the Unfunded Retirement Liability.) B. In the event that PARSAC disposes of the real property identified as 1525 Response Road, Sacramento, CA, 95815 (the "Property"), any unfunded Retirement Liability of PARSAC shall first be reduced by applying the proceeds from the sale of the Property as provided in Resolution 2019-03, attached hereto as Exhibit A, prior to the determination of the amounts owed by the former or current Member Entities under the apportionment provided herein. 5

C. The apportionment of the Retirement Liability of PARSAC among the former and current Member Entities of PARS AC and the obligation of the. former and c-urrent Member Entities to pay such apportionment of the PARSAC Retirement Liability as provided herein shall be a separate and independent obligation from the obligation of the Member Entities arising upon termination, expulsion or withdrawal of a Member Entity or upon termination of the Joint Powers Agreement (as revised effective May 25, 2017) including but not limited to ARTICLES XX, XXII, XXIII, XXIV and XXV of that Agreement.

ARTICLE V

TERM OF AGREEMENT
This Agreement shall become effective as of the date hereof and shall continue in full force and effect for the purpose of paying 100% of the Retirement Liability of P ARSAC pursuant to the apportionment among former and current Member Entities as provided for herein.

ARTICLE VI

SEVERABILITY
Should any portion, term, condition or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions and provisions shall not be affected thereby.

ARTICLE VII

AGREEMENT COMPLETE
The foregoing constitutes the full and complete agreement of the parties. There are no oral understandings or agreements not set forth in writing herein, except as noted with respect to the Bylaws and Memoranda of Coverage. Ifany provision of this Agreement conflicts with a provision 6

of the Bylaws, Memoranda of Coverage or other document, such conflicting provisions shall be interpreted to avoid any such conflict, but this Agreement shall govern.

ARTICLE VIII

AMENDMENTS
This Agreement may be amended by a two-thirds vote of the Board present and voting at any duly convened regular or special meeting; provided that, any such amendment has been submitted to the directors and the Member Entities at least thirty [30] days in advance of such meeting. Member Entities may, by resolution or ordinance, grant their director and alternate on the Board explicit authorization to approve and execute amendments to this Agreement on behalf of the Member Entity without the necessity of a resolution or ordinance of the legislative body of the Member Entity confirming or ratifying such amendment. Any such amendment shall become effective immediately, unless otherwise stated therein.

ARTICLE IX

EXECUTION OF COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original, but altogether shall constitute one and the same Agreement.
7

8 Public Agency Risk Sharing Authority of California [“PARSAC’] Date: By: ________________________________
Name/Title
Attest: ______________________________
Deputy Secretary, PARSAC
Member Entity: _______________________
Date: By: ________________________________
Name/Title
Attest: ______________________________
City/Town Clerk

APPENDIX "A"

PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA
[PARSAC]

MEMBER ENTITIES
City of Amador City
City of Avalon
City of Belvedere
City of Blue Lake
City of California City
City of Calimesa
City of Calistoga
City of Citrus Heights
City of Clearlake
City of Coalinga
City of Ferndale
City of Grass Valley
City of Highland
City of Menifee
City of Nevada City
City of Pacific Grove
City of Placentia
City of Placerville
City of Plymouth
City of Point Arena
City of Rancho Cucamonga
Rancho Cucamonga Fire Protection District
City of Rancho Santa Margarita
City of San Juan Bautista
City of South Lake Tahoe
City of Tehama
City of Trinidad
Town of Truckee
City of Twentynine Palms
City of Watsonville
City of Wheatland
City of Wildomar
Town of Yountville
City of Yucaipa
Town of Yucca Valley
9

APPENDIX "B"

PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA
[PARSAC]

FORMER MEMBER ENTITIES
City of Alturas
City of Canyon Lake
City of Carlsbad
City of Elk Grove
City of Hesperia
City of Rialto
City of Ridgecrest
City of Rio Dell
City of West Hollywood

RESOLUTION NO. 6416

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MAYWOOD APPROVING THE CITY’S MEMBERSHIP IN

THE CALIFORNIA INTERGOVERNMENTAL RISK

AUTHORITY (CIRA) AND PARTICIPATION IN THE CIRA

GENERAL LIABILITY PROGRAM
WHEREAS, pursuant to the provisions of the Government Code commencing with Section 6500, the City of Maywood wishes to enter into an agreement with the California Intergovernmental Risk Authority (“CIRA”) for the purposes of pooling the liability coverages as more fully set forth in the CIRA Amended and Restated Joint Powers Agreement (“Agreement”); and
WHEREAS, CIRA’s Liability Program offers significant advantages to the City of Maywood thus supporting the City’s participation in such program on the conditions set forth in the Agreement, and such participation is in the best interest of the City; WHEREAS, the deposit premium is based on a payroll estimate of $2,000,000.

WHEREAS, the City desires to take all actions necessary to become a member of CIRA and participate in the Liability Program;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MAYWOOD

HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS:

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

Section 2. The City Council hereby approves the City of Maywood’s (“City”) participation in CIRA and approves the entering into and execution of the Amended and Restated Joint Powers Agreement of the California Intergovernmental Risk Authority or its latest version thereof (“Joint Powers Agreement”). The City Manager is authorized to execute the Joint Powers Agreement on behalf of the City with the effective date of July 1, 2025.

Section 3. Liability Program. The City Council hereby consents to participate in CIRA’s Liability Program on the conditions that:
(a) The City hereby selects its self-insured retention (SIR) of $250,000 which represents the City’s responsibility per occurrence; and (b) The City’s deposit premium for liability coverage as provided by CIRA is estimated to be $115,108.

Section 4. Board Representative Designation. The City Council hereby designates the City Manager as its representative on the CIRA Board of Directors, to act on all matters coming before said Board on behalf of the City as a Member Entity, as if the City itself were present. The City Council designates the Human Resources/Risk Manager as the alternate representative.

Section 5. The City is hereby authorized to pay to CIRA the amounts identified in Section 3 above for liability coverage.

Section 6. The City Manager is authorized to take all actions necessary to effectuate the City’s membership in CIRA and its participation in the liability program including but not limited to entering into any agreement, execution of documents, and the like.

Section 7. The City Clerk of the City is directed to certify a copy of this Resolution and to forward the Resolution and signed Joint Powers Agreement to CIRA, 2330 E. Bidwell Street, Suite 150, Folsom, California 95630.

PASSED, APPROVED AND ADOPTED, THIS 28th day of May 2025. _________________________
Mayra Aguiluz, Mayor
ATTEST:
___________________________
Miguel Leon, Deputy City Clerk
APPROVED AS TO FORM:
___________________________
Roxanne Diaz, City Attorney

STATE OF CALIFORNIA
I, Miguel Leon, Deputy City Clerk of the City of Maywood, do hereby certify that the foregoing Resolution No. 6416 was adopted at a regular meeting of the City Council of the City of Maywood held on the 28th day of May, 2025 by the following vote:

AYES:

NAYES:

ABSENT:

ABSTAINED:
____________________________________
Miguel Leon, Deputy City Clerk

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 15.

DATE: May 28, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: MIGUEL LEON, DEPUTY CITY CLERK/ASSISTANT TO THE CITY MANAGER SUBJECT: CONSIDERATION OF A PROPOSAL TO DEVELOP A QUALIFIED CLIMATE ACTION,

ADAPTATION, AND RESILIENCE PLAN (CAARP) AS A QUALIFIED GHG

REDUCTION STRATEGY AND PROVIDE DIRECTION TO STAFF
RECOMMENDATION:

It is recommended that the City Council consider the attached proposal and provide direction to staff on whether to proceed with a formal agreement for the development of a Qualified Climate Action, Adaptation, and Resilience Plan (CAARP) in accordance with CEQA Guidelines section 15183.5.

BACKGROUND:

As part of the second (final) phase of the Climate Action, Adaptation, and Resilience Plan (CAARP), funded in 2023-2024 through the California Department of Transportation (Caltrans) Sustainable Transportation Planning Grant Program, the City of Maywood continues to evaluate strategies to reduce greenhouse gas (GHG) emissions, address climate risks, and position the City to meet long-term state-mandated climate targets.

On March 26, 2025, the City Council received a staff report outlining the regulatory, operational, and financial considerations between pursuing a Qualified versus Non-Qualified CAARP. At the time, Council directed staff to obtain a formal proposal for the Qualified option.

DISCUSSION:

On April 17, 2025, the current consultant, Environmental Science Associated (ESA), submitted a proposal to integrate the City's current ongoing CAARP as a Qualified Greenhouse Gas Reduction Strategy pursuant to CEQA Guidelines Section 15183.5. A Qualified CAARP would position the City to streamline CEQA review for future development projects, improve eligibility for state and federal opportunities, and implement consistent GHG reduction strategies through long-term monitoring and reporting.

The scope of work outlined in the attached proposal includes:
• Preparation of a programmatic Initial Study/Mitigated Negative Declaration (IS/MND), • Development of a CEQA streamlining checklist,
• Creation of a GHG monitoring and implementation tracking tool, • Coordination of public hearings and project documentation.

The total non-to-exceed cost is $162,000. ESA anticipates the Qualified CAARP/CEQA Project beginning in

July and finalizing in December 2025. Key deliverables and milestones are detailed in the proposal and aligned with the City's revised CAARP timeline.

As the CAARP is currently in its second phase, with the project advancing through Task 3: Community Outreach under survey development. A revised project timeline has been included to reflect a schedule adjustment, allowing additional time for the potential inclusion of a qualified CAARP. This extension is supported by the Caltrans Sustainable Transportation Planning Grant, which provides flexibility in the timeline to finalize the plan without jeopardizing grant compliance. The adjustment anticipated that the Qualified CAARP process may proceed concurrently with the development of the final plan. Therefore, finalization of the survey language is contingent upon City Council's decision regarding whether the CAARP will be designated as a Qualified Plan.

If the proposal is accepted, staff will return in June with a formal agreement for Council approval. The agreement will outline the scope, schedule and budgetary terms.

Following adoption, staff will be responsible for interdepartmental coordination, reporting and maintaining the Qualified status. The full extent of future staff and consultant support will be assessed during implementation, in consultation with the tool and framework developed by ESA.

A full copy of the proposal is attached for the Council's review and consideration.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

The not-to-exceed cost of the ESA's proposal is $162,000. Funding for this effort would require General Fund appropriation and ongoing implementation costs will be evaluated following adoption of the plan. No new staffing is proposed at the time and current staff would oversee the implementation of CAARP. However, if warranted by future implementation workload demands, the engagement of consultants or limited-term support may be recommended.

ATTACHMENT(S)

1. ESA Proposal – Qualified CAARP (April 17, 2025)

2. March 26, 2025, Staff Report – Qualified vs. Non-Qualified CAARP

3. Maywood Qualified_Non-CAP Presentation

4. Revised Project Timeline – Maywood CAARP (2025–2026)

2600 Capitol Avenue
Suite 200
Sacramento, CA 95816
916.564.4500 phone
916.564.4501 fax
esassoc.com
April 17, 2025
City of Maywood
attn. Miguel Leon, Administrative Analyst
4319 E. Slauson Ave.

Maywood, CA 90270
Subject: Proposal to Develop the City of Maywood Climate Action Adaptation and Resilience Plan (CAARP) as a Qualified GHG Reduction Strategy
Dear Mr. Leon:

Environmental Science Associates (ESA) is pleased to submit this scope of work and cost estimate to support the City of Maywood with California Environmental Quality Act (CEQA) review and other tasks needed to make the City of Maywood Climate Action Adaptation and Resilience Plan (CAARP) a Qualified GHG Reduction Strategy under CEQA Guidelines 15183.5b, which provides a framework for programmatic greenhouse gas emissions reduction plans. The scope of work presented herein includes ESA’s understanding of the Project, our proposed approach for achieving CEQA compliance, an outline and brief description of proposed tasks, and a draft schedule timeline with milestones that coordinates with the ongoing development of your CAARP.

Regarding CEQA, ESA’s proposed scope of work assumes that, based on our current understanding of the policies, strategies and actions that are likely to be included in the CAARP, all potentially significant effects associated with the adoption of the CAARP can be reduced to less-than-significant levels with implementation of mitigation measures.

Therefore, we believe that an Initial Study/Mitigated Negative Declaration (IS/MND) will be the appropriate CEQA document for the CAARP. Details on our proposed scope of work and fee estimate for CEQA compliance are provided within this letter proposal. In the event significant impacts are identified through the course of the Initial Study that cannot be reduced with mitigation, and an Environmental Impact Report is required, ESA can prepare a separate scope of work and cost estimate for such work.

ESA appreciates the opportunity to serve the City of Maywood. If you have any questions about this scope of work, please contact Jeff Caton.

Respectfully,
Jeff Caton
Vice President

Mr. Leon
April 17, 2025

Developing the CAARP as a “Qualified GHG Reduction Plan” Understanding and Approach
ESA understands that the City of Maywood may desire its CAARP (the Project) to be a Qualified GHG Reduction Plan, as defined by the CEQA Guidelines, which enables CEQA streamlining of future development projects to demonstrate a less-than-significant impact with respect to GHG emissions impacts by demonstrating consistency with policies, measures and performance standards in the CAARP. Technically, the CAARP must therefore be a “qualified” GHG reduction plan as outlined in Section 15183.5(b) of the State CEQA Guidelines (see inset).

The key benefit of a qualified CAARP is that it facilitates CEQA review of future development projects within the City by streamlining GHG impacts analyses by tiering from the programmatic environmental review contained in the CEQA document for the CAARP. In doing so, pursuant to State CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b), a project’s incremental contribution to climate change resulting from the project’s GHG emissions may be determined not to be cumulatively considerable.

A qualified GHG strategy must meet the following requirements, per CEQA Guidelines Section 15183.5(b):

1. Community-wide GHG inventory and forecast: The strategy must include a comprehensive inventory of current GHG emissions and a forecast of future emissions.

2. GHG emission reduction targets: It must establish specific targets for reducing GHG emissions that align with State mandates (i.e., SB 32 and AB 1279).

3. Mitigation strategy: The plan must detail the measures and actions that will be implemented to achieve the reduction targets. It should specify measures, including performance standards, that substantial evidence demonstrates, if implemented on a project-by-project basis, would collectively achieve the specified emissions level.

4. Implementation and monitoring: There should be a clear plan for how the strategy will be implemented and monitored over time to ensure its effectiveness, and the plan should be monitored and adjusted on a periodic basis to ensure the city stays on track towards meeting the reduction targets.

5. Public process: The strategy must be adopted through a public process after environmental review (i.e., CEQA).

What is a Qualified CAP?
A “qualified” CAP (or GHG reduction plan), as
outlined in Section 15183.5(b) of the State
CEQA Guidelines, must include a GHG target
that is consistent with the goals of Senate Bill
32 (achieve 40 percent reduction compared
to 1990 by 2030) and Assembly Bill 1279 (85
reduction compared to 1990 by 2045) and a
clear road map to meet that target through
implementation of feasible measures to
reduce GHG emissions. To remain qualified, a
CAP must be monitored and adjusted on a
periodic basis, due to rapidly evolving state
policy, legislation, and climate science, as
well as the inherent uncertainty regarding the
success of individual GHG reduction
strategies.

Mr. Leon
April 17, 2025

ESA’s current contract to develop the CAARP can accommodate the first three requirements, but it should be noted that meeting the reduction targets will require relatively aggressive measures and performance goals for the energy, transportation and solid waste sectors, in particular. Our approach to developing a qualified CAARP will include advising the City on the best way to achieve state-aligned reduction targets based on community input, alignment with state and regional efforts, and feasibility considerations including staff time and implementation barriers (e.g., costs and funding availability).

Since 2022, ESA has been helping the City develop its CAARP. Based on this experience, ESA has developed a sound understanding of the community of Maywood and an understanding of the City’s and community’s priorities for the CAARP. Our approach and scope of work assume that implementation of the CAARP would generally provide beneficial changes and that the CAARP would not result in substantive changes to land uses, such as intensification in areas, or changes to infrastructure, such as transit or trails, that would warrant substantial analyses. Based on our current understanding of the policies, strategies and actions that are likely to be included in the CAARP, we anticipate that all potentially significant effects associated with the adoption of the CAARP can be reduced to less-than-significant levels with implementation of mitigation measures. Therefore, we believe that an Initial Study/Mitigated Negative Declaration (IS/MND) will be the appropriate CEQA document for the CAARP. In addition, ESA assumes that public comment on the ND/MND will not be extensive given the beneficial nature of the CAARP. In the event significant impacts are identified through the course of the Initial Study that cannot be reduced with mitigation, and an Environmental Impact Report is required, ESA can prepare a separate scope of work and cost estimate for such work.

Scope of Work
Task 1: CEQA IS/MND
Task 1.1 – Initiation and Kickoff Meeting
Within one week of receiving the Notice to Proceed (NTP), ESA’s Management Team will schedule and conduct a virtual online project kickoff meeting with City staff. ESA will prepare an agenda before the meeting and will distribute meeting minutes within a week after the project kickoff meeting. The purposes of the project kickoff meeting will be as follows:
 Review the scope of work, establish team roles and clear lines of communication  Establish procedures for product review and task completion.  Obtain any additional technical reports, ordinances, and studies.  Establish a mutual understanding of the key IS/(M)ND issues and delve into project-related issues.  Discuss the project description.
 Identify a preliminary project schedule and key milestones, including delivery of and review of technical studies.

Deliverables
 Project kickoff meeting agenda.
 A virtual online initial project kickoff meeting with City staff.  Project kickoff meeting minutes.

Assumptions:

Mr. Leon
April 17, 2025

 ESA assumes that the City of Maywood will be the CEQA lead agency. In this role as lead agency under CEQA, the City will have primary review of the CEQA document and approval of the Project.  Project site visit is not required since the project includes the entire City within its scope of analysis.

Task 1.2 – Prepare Project Description
ESA will prepare a draft and final Project description to provide the level of detail needed to support the CEQA impact analysis. ESA will coordinate with City staff and will utilize the knowledge and expertise of the ESA staff who prepared the draft CAARP (the Project). ESA assumes City staff will provide ESA with all relevant historical information applicable to the Project. After receipt of relevant technical reports, ESA will provide a list of data needs to City staff. Following receipt of the data needs, ESA will prepare a project description that will clearly describe the components of the project, as well as the timing of each of the project phases. It is important that the project description effectively identify project components that may not be fully defined. Effectively disclosing these parameters is important to the public’s confidence in the analysis, the legal adequacy of the environmental document, and the City’s flexibility in implementing the CAARP over time.

Deliverables: Draft (for City review and comment) and Final Project Description (electronic copies – MS Word) Task 1.3 – Prepare the Administrative Draft Initial Study and proposed Mitigated Negative Declaration
Under Task 3, ESA will prepare an administrative draft of the Initial Study (IS). The IS will present a basic description of the existing environmental setting, adequate to inform the Project’s analysis and provide an evaluation of impacts based on the CEQA Appendix G Guidelines. ESA will evaluate changes from the existing conditions and analyze potential Project impacts that could result from implementation of the CAARP. The IS narrative will include brief explanations for all effects (i.e., Potentially Significant, Potentially Significant without Mitigation Incorporated, Less Than Significant, and No Impact) that could impact the environment at or near the Project area. As necessary, ESA will develop Project-specific mitigation measures to avoid and/or minimize environmental impacts. ESA will include appropriate text demonstrating consistency with existing local and regional planning documents and zoning, as well as the Mandatory Findings of Significance section for the City of Maywood to review and input.

The IS will include all of the information required by Section 15063(d) of the State CEQA Guidelines, including:
 A description of the Project and its environmental setting  A map showing the location of the Project
 The probable environmental effects of the Project
 A discussion of ways to mitigate the significant effects  A discussion of whether the project would be consistent with existing zoning, plans, and other applicable land use controls
 Required entitlements and Project approvals
Based on our understanding of the Project and existing conditions, ESA anticipates that several resource topics may not result in significant impacts associated with implementation of the Project. For the resource areas

Mr. Leon
April 17, 2025

of Agricultural/Forestry Resources, Geology/Soils and Mineral Resources, Land Use, Population and Housing, Recreation, Public Services, Utilities and Service Systems, and Wildfire, simplified and brief discussions are proposed. Qualitative evaluations will be provided for the remainder of the environmental issues including Aesthetics, Biological Resources, Cultural Resources, Air Quality, Energy, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Transportation and Tribal Cultural Resources. No technical reports are proposed to be prepared.

ESA will submit an electronic version (MS Word) of the complete Administrative Draft IS/MND to the City for review and comment in track-changes mode. Graphics and figures will also be submitted as a single pdf. ESA assumes that one consolidated round of review and comments on the Admin Draft IS/MND will be adequate for this task as provided from the City.

Deliverables: Administrative Draft IS/MND (electronic copy – MS Word); graphics and figures (electronic copies – pdf) Task 1.4 – Prepare Screencheck Draft IS/MND
ESA will incorporate the City’s comments on the Administrative Draft IS/MND and prepare a Screencheck Draft IS/MND for final City approval. All internal City comments on the Administrative Draft IS/MND will be provided to ESA in one consolidated MS Word file. ESA will incorporate City comments on the Administrative Draft IS/MND and submit one electronic version of the Screencheck Draft IS/MND. To further streamline the review process, any mitigation measures developed to address potential impacts will be organized in a Mitigation Monitoring and Reporting Program (MMRP) and included as a chapter in the IS/MND. In the MMRP, ESA will define details on the implementation procedures for mitigation measures listed in the Draft IS/MND. ESA anticipates that the comments on the Screencheck Draft IS/MND will direct revisions to the Administrative Draft IS/MND and assumes that no additional or new technical analysis will be needed or requested and that Administrative Draft IS/MND technical analyses will not need to be revised based on changes to the Project description. As indicated in the cost estimate, we have allocated a modest level of effort to this task based on our past experience that the level of effort decreases from the administrative draft stage to the screencheck stage.

This scope of work assumes one round of review of the Administrative Draft IS/MND.

Deliverables: Screencheck Draft IS/MND (electronic copies – MS Word and PDF including graphics and appendices) Task 1.5 – Prepare IS/MND for Public Review
This task includes publication of the Draft IS/MND. On behalf of the City, ESA will provide a Notice of Intent to Adopt (NOI) and the Public Review Draft IS/MND to 25 local entities. Two paper copies of the Draft IS/MND can be made available for public review at the City’s Planning Department counter and/or local library, if requested. We anticipate that, at minimum, the CEQA document will be posted electronically on the City’s website and posted to the CEQAnet website through the Governor’s Office of Land Use & Climate Innovation. ESA will also submit the NOI, Summary Form, and Notice of Completion to the CEQAnet portal.

ESA will attend one public meeting or virtual meeting to receive comments on the draft IS/MND during the public review period. We assume that the City will coordinate the public hearing and provide materials describing or illustrating the Project. We recommend commenters submit written comments on the draft IS/MND for public review. To the extent

Mr. Leon
April 17, 2025

practical, ESA will take notes on issues raised by commenting individuals that could be addressed in the Response to Comments Memorandum. ESA can be available to provide an overview of the CEQA process and answer questions raised by the public regarding the CEQA process.

Deliverables:
 Public Review IS/MND; Notice of Completion and Notice of Intent to Adopt (electronic copies – MS Word and PDF) to be provided to City staff.
 Public Review Draft IS/MND and NOI, submitted electronically to the State Office of Land Use & Climate Innovation’s CEQAnet portal; up to 25 paper copies of the NOI to agencies and interested persons to be distributed by overnight FedEx mail.
 Up to two paper copies of the Public Review Draft IS/MND with the appendices on a USB flash drive on the back inside cover of the document, submitted by ESA to City staff for display at the Planning Department counter and/or local library.
 The NOI, to be placed in the local newspaper for at least one day by City staff.

Task 1.6 – Response to Comments Memorandum
After the close of the public review period, ESA will virtually meet with City staff to review comment letters from agencies and the public on the MND, as deemed necessary. We understand this Project is not likely to be contentious, however, public and agency comment letters are expected. For budgeting purposes, we assume up to 36 hours of technical staff and 8 hours of production staff to prepare a Responses to Comments memorandum. If comments require more time to prepare responses, ESA will inform the City of a need for a contract amendment. This document will be available for consideration by the Planning Commission and City Council while they are considering adoption of the proposed MND.

The combination of the Public Review Draft IS/MND and Response to Comments constitute the Final IS/MND.

Deliverables: Responses to Comment Memorandum (electronic copies – MS Word and PDF) Task 1.7 – Project Approval with Presentation at Planning Commission and City Council Approval Meeting and Public Meeting
ESA will use Project information and analysis from the Initial Study and proposed MND as foundational information to prepare for public hearings where the Planning Commission and City Council will consider Project approval and adoption of the MND. If necessary, the Project Manager and/or Deputy Project Manager can be on hand to participate or answer questions about the CEQA process or results. ESA will prepare a Notice of Determination (NOD) for the City’s signature and submittal to the Los Angeles County Recorder/Clerk Office. This task assumes attendance at one Planning Commission hearing and one City Council hearing and assumes up to 20 hours for meeting attendance and preparation of the NOD. If additional, time is required for this task, ESA will inform City staff and request a contract amendment.

Deliverables: Provide Notice of Determination to City staff; Attend one Planning Commission and one City Council hearings.

Assumption: In-person attendance will be required at two public hearings.

Mr. Leon
April 17, 2025

Task 2. CAARP Consistency Checklist for CEQA Streamlining of New Development Projects
To support the use of the CAARP’s IS/MND to streamline CEQA review for future projects, ESA will develop a CAARP Consistency Checklist for individual development projects to demonstrate that they are consistent with CAARP’s GHG reduction measures and related performance standards. Use of the CAARP Consistency Checklist will ensure that new development projects incorporate applicable CAARP measures and actions in their projects and help the City achieve incremental reductions toward its 2030 and 2045 GHG reduction targets.

The intent of the checklist is to assist in determining a discretionary project’s consistency with the CAARP, to be used by City planning staff for CEQA streamlining purposes. Additionally, the checklist will facilitate City monitoring of CAARP efficacy as required by State CEQA Guidelines Section 15183.5. Discretionary projects that can utilize the checklist to demonstrate consistency with all applicable mandatory local or regional measures in the CAARP can conclude that their impacts related to GHG emissions would be less than significant under CEQA because the project would be consistent with a qualified GHG reduction plan under State CEQA Guidelines Section 15183.5.

Under this task, ESA will identify which GHG reduction measures in the CAARP apply to new development, including measures that apply solely to new development (e.g., natural gas restrictions for new construction) and GHG reduction measures that apply to both the built environment and new development (such as expanding public transit). ESA will identify the specific requirements of each GHG reduction measure that applies to new development to inform the CAARP ESA will design the checklist to provide clear direction to project proponents and stakeholders as to what is required and what is optional in terms of achieving project consistency with the CAARP for each future target/forecast year. ESA will prepare a draft checklist for City review and a final checklist for project applicants to use in an interactive format (i.e., web-based form or fillable PDF file). The checklist will also be provided as an appendix to the CAARP.

Deliverables: CAAP Consistency Checklist (draft and final).

Task 3. CAARP Tracking and Monitoring Tool
To maintain the qualified status on the Maywood CAARP, ESA recommends developing a tool that enables the City to track the GHG reductions that are being accomplished through its implementation to ensure annual reductions stay on track towards targets. ESA will develop a custom tool that tracks CAARP implementation and performance indicators and measures progress of individual measures in reducing GHG emissions. The tool will allow City staff to enter activity data and participation rate information and calculate GHG emission reductions consistent with the methods, protocols, and emission factors used for the inventories, BAU forecasts, and GHG reduction calculations in the CAARP.

The tool will be intuitive, easy to use, well-organized, and accessible to City staff to track implementation and performance indicators and measures over time. It will include a dynamic dashboard with intuitive charts, graphics, and summary information illustrating the progress of the City’s GHG reduction efforts. The dashboard will include tables, figures, and summary graphics that can be used in progress reports and presentation templates to illustrate progress towards targets, GHG reductions achieved to date, and progress on key performance indicators. Priority features and

Mr. Leon
April 17, 2025

functions of the tool’s dashboard will be coordinated and documented during the scoping process, but will likely contain the City’s targets, GHG reductions achieved to date, progress on key performance indicators, and narrative sections for the City to describe progress in key sectors including economic, health, and adaptation co-benefits.

Task 3.1: Tool Scoping
As a first step, ESA will prepare a scoping memorandum to identify the key parameters to incorporate in the tool, outline options for the look of the tool interface, and discuss characteristics of the summary dashboard. ESA will incorporate City feedback on the memorandum into the development of the tool to make sure that the tool contains desired functions and capabilities.

Task 3.2: Implementation Monitoring Tool
ESA will initiate requirements gathering and tool design using Excel, which will take data inputs from City staff (such as the number of homes installing solar or performing energy efficiency retrofits in a given year), and calculate GHG emission reductions using the same calculations, emission factors, and assumptions used in the inventories, forecasts, and GHG reduction measure analysis. The tool will output GHG emission reductions, performance metrics, and other tracking metrics identified in the scoping memo and through City and stakeholder consultation. The tool will:
 Feature an intuitive, easy-to use interface that will enable City staff to easily enter tracking data;  Track priority performance indicators, metrics, and benchmarks of individual measures;  Allow for updates to emission factors, growth forecasts, and other factors that are likely to change over time;  Allow interactive tracking so that adjustments to the reduction measures can be made during implementation if something is off track and can be easily remedied;
 Allow for a quantitative assessment of progress toward the City’s GHG reduction targets; and  Distill complex tracking data to the most useful and important information.

Task 3.3: Monitoring Tool User Guide and Methods Report ESA will prepare a User Guide for the Monitoring Tool that will contain a list of data required for input into the tool to track measure progress and will also explain, step-by-step, how to use and update the tool. The User Guide will also include a technical appendix that includes a summary of the methods used to quantify GHG reductions for all GHG reduction measures included in the Monitoring Tool. This appendix will include the methods, data sources, assumptions, results, and other information used to develop and quantify the GHG reduction measures. The appendix will be written in a way that allows the City or its future consultants to understand, recreate, and update the emission reduction calculations in the future during the City’s next CAAP Update cycle.

Task 3.4: Monitoring Tool Training
ESA will conduct a virtual training session for City staff on the Monitoring Tool. The session will walk through the tool and cover data collection and entry, calculation inputs and outputs, and dashboard reporting. Following the training, ESA climate change specialists will serve as a technical resource to City staff to assist with using the tool and tracking GHG reduction progress.

Mr. Leon
April 17, 2025

Deliverables
 Implementation and monitoring tool in Excel format (draft and final).  User guide documentation and technical appendix with methodology used to quantify emission reductions.  Training for City staff on use of the tool (virtual).

Task 4. Project Coordination, Meetings, Budget Controls and Management Duties The purpose of this task is to coordinate across tasks, attend meetings, and maintain close communication between the City and the ESA team. This task is also intended to ensure that the Project will be completed on time and within budget, and that all work products are of high quality. ESA will coordinate the team’s work for the communication of issues, transmittal of comments, financial management, and other Project management matters. The Project coordinator will support the manager by regularly tracking the schedule and budget.

ESA’s CAARP Project Manager and/or our CEQA Project Manager will attend up to 6 virtual team meetings during preparation of the environmental document, the project consistency checklist, and the monitoring tool. Communication between ESA and City staff is imperative. Regular communication is essential for the identification and timely resolution of issues of concern.

Deliverables: Prepare project coordination meeting materials and meeting summaries; Prepare and submit monthly progress reports with monthly invoices.

ESA Project Staff
Our team includes CAARP Project Director Jeff Caton and CAARP Project Manager Elizabeth Felter, as well as David Crook as CEQA Project Manager., and senior analysis Brian Schuster and Alan Sako for their technical expertise regarding CEQA and GHG emissions modeling. In addition, we have selected several technical experts to efficiently execute the scope of work. ESA is supported by more than 300 environmental professionals throughout California, who may be called upon when specialty knowledge or services are needed.

Schedule
A draft schedule with milestones is shown in the following table. It is anticipated that ESA will review the Draft Schedule with the City to refine dates or and timelines. With receipt of a notice-to-proceed or authorized task order, ESA will diligently execute this scope of work to meet the City’s Project schedule. If needed, efforts will be made to expedite this schedule, wherever possible. However, extension of the schedule may require modification of ESA’s estimated effort and cost.