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HomeMy Public PortalAboutA 2017-07-18 CCThis Agenda contains a brief general description of each item to be considered. Copies of the Staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection. Any person who has a question concerning any of the agenda items may call the City Manager at (390) 603-0220, ext. 200. Procedures for Addressing the Council IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO ADDRESS THE COUNCIL FILL OUT A FORM PROVIDED AT THE DOOR, AND TO TURN IT IN TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUT SUCH A FORM WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS CONSENT OF THE COUNCIL. AGENDA ITEMS ON FILE FOR CONSIDERATION AT THE REGULAR MEETING OF —T)a' THE LYNWOOD CITY COUNCIL TO BE HELD ON I RE July 18, 2017 1 July 13, 2017 IC COUNCIL CHAMBERS CITY OF LYNWOOD CITY CLERK OFFICE 11330 BULLIS ROAD, LYNWOOD, CA 90262 IfIn el - 6:00 P.M. MARIA TERESA SANTILLAN-BEAS MAYOR JOSE LUIS SOLACHE SALVADOR ALATORRE MAYOR PRO -TEM COUNCILMEMBER AIDE CASTRO COUNCILMEMBER CITY MANAGER ALMA K. MARTINEZ CITY CLERK MARIA QUINONEZ OPENING CEREMONIES 1. CALL TO ORDER EDWIN E. HERNANDEZ COUNCILMEMBER CITY ATTORNEY NOEL TAPIA CITY TREASURER GABRIELA CAMACHO 2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK 3. ROLL CALL OF COUNCIL MEMBERS Salvador Alatorre Aide Castro Edwin E. Hernandez Jose Luis Solache Maria T. Santillan-Beas 4. PLEDGE OF ALLEGIANCE 5. INVOCATION PRESENTATIONS/PROCLAMATIONS • Sheriff Captain Carter — Update on Law Enforcement Issues • City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)). COUNCIL RECESS TO: • CITY OF LYNWOOD AS THE SUCCESSOR AGENCY TO THE LYNWOOD REDEVELOPMENT AGENCY • LYNWOOD UTILITY AUTHORITY PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) NON -AGENDA PUBLIC ORAL COMMUNICATIONS THIS PORTION PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE COUNCIL ON ITEMS WITHIN THE JURISDICTION OF THE COUNCIL AND NOT LISTED ON THE AGENDA. IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT COUNCIL MAY REFER THE MATTER TO STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A FUTURE MEETING. (The Ralph M. Brown Act, Government Code Section 54954.2 (a).) CITY COUNCIL ORAL AND WRITTEN COMMUNICATION MARIA T. SANTILLAN-BEAS, MAYOR JOSE LUIS SOLACHE, MAYOR PRO TEM SALVADOR ALATORRE, COUNCILMEMBER AIDE CASTRO, COUNCILMEMBER EDWIN E. HERNANDEZ, COUNCILMEMBER PUBLIC HEARING LYNWOOD LIGHTING ASSESSMENT DISTRICT, FY 2017-2018 Comments: On June 20, 2017, the City Council approved the Engineer's Report, and further proceeded to give notice of the time and place for a public hearing on all matters relating to said assessment district and the proposed assessment rates. An annual hearing is required to re-establish the district. The notice of public hearing was advertised on June 29, 2017, per Section 22553 of the California Streets and Highways Code. (PW) Recommendation: Staff recommends that the City Council hold a public hearing, and after considering all oral statements and all written protests made or filed by any interested person, to close the public hearing and approve the following actions: Set the assessment rates for the Lynwood Lighting Assessment District at $1.62 per front footage for residential properties and $3.01 per front footage for commercial properties; and 2. Adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ORDERING THE LEVY OF ANNUAL ASSESSMENTS FOR THE EXISTING LYNWOOD LIGHTING ASSESSMENT DISTRICT FOR FISCAL YEAR 2017-2018". LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT, FY 2017-2018 Comments: On June 20, 2017, the City Council approved the Engineer's Report, and further proceeded to give notice of the time and place for a public hearing on all matters relating to said assessment district and the proposed assessment rates. An annual hearing is required to re-establish the district. The notice of public hearing was advertised on June 29, 2017 per Section 22553 of the California Streets and Highways Code. (PW) Recommendation: Staff recommends that the City Council hold a public hearing, and after considering all oral statements and all written protests made or filed by any interested person, to close the public hearing and approve the following actions: 1. Set the assessment rate for the Landscape Maintenance Assessment District at $1.90 per front footage for residential and commercial properties; and 2. Adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ORDERING THE LEVY OF ANNUAL ASSESSMENTS FOR THE EXISTING LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT FOR FISCAL YEAR 2017-2018". 10. NOTICE OF STATUTORY EXEMPTION, GENERAL PLAN AMENDMENT NO. 2017-01, ZONE CHANGE (ZC) NO. 2017-01 Comments: The proposed project, referenced to as the First Landmark Missionary Baptist Church, located at 3158 Martin Luther King, Jr. Boulevard, consists of the following: 1) change the General Plan land use designation from C-3 (Heavy Commercial) to R-1 (Single -Family Residential); and zone of a designated Heavy Commercial use to Single -Family Residential to accommodate a proposed church; 2) change the zoning designation from C-3 (Heavy Commercial) to R-1 (Single -Family Residential; 3) approve a Conditional Use Permit to allow the proposed church in the newly -proposed R-1 Zone; and 4) approve a Major Variance to allow a reduction in the minimum parking space dimensions and a reduction in the required minimum width of the drive -aisle for a proposed church in a proposed R-1 Zone. (DCE) Recommendation: The Planning Commission recommends that the City Council conduct a public hearing regarding General Plan Amendment No. -2017-01 and Zone Change No. 2017-01, and: 1. FIND that General Plan Amendment No. 2017-01 and Zone Change No. 2017- 01 qualify as exemptions in accordance with CEQA Guidelines, Section 15303(e) — New Construction of Conversion of Small Structures. This exemption (Class 1) consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination; and 2. ADOPT Resolution No. approving General Plan Amendment No. 2017-01, for amending the General Plan by changing the land use designation for the subject property from Commercial to Single -Family Residential; and 3. ADOPT Ordinance No. thereby approving Zone Change No. 2017-01 CONSENT CALENDAR All matters listed under the Consent Calendar will be acted upon by one motion affirming the action recommended on the agenda. There will be no separate discussion on these items prior to voting unless members of the Council or staff request specific items to be removed from the Consent Calendar for separate action. 11. MINUTES OF PREVIOUS MEETINGS: Regular Meeting — July 5, 2017 Special Meeting — July 5, 2017 12. APPROVAL OF THE WARRANT REGISTER Comments: City of Lynwood warrant register dated July 18, 2017 for FY 2016-2017 & FY 2017-2018. (FIN) Recommendation: Staff respectfully recommends that the City Council approve the warrant registers dated July 18, 2017 for FY 2016-2017 and FY 2017-2018, 13. NOTICE OF COMPLETION FOR THE CONSTRUCTION OF THE LUCY AVALOS COMMUNITY CENTER (CIP 4011.67.007), ADDITIONAL APPROPRIATION FOR CCMI ON THE LABOR COMPLIANCE, AND ACCEPTANCE OF A REPORT ON CHANGE ORDERS Comments: On October 20, 2015, the City Council approved to award the construction contract to Cal City Construction Inc. for the construction of the Yvonne Burke -John D. Ham Park Community Center. Cal City Construction Inc. was the second apparent lowest bidder. Since the lowest bidder withdrew its bid, Cal City Construction was awarded the project as the lowest responsible bidder. (PW) Recommendation: Staff recommends that the City Council adopt the attached resolutions entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE WORK DONE BY CAL CITY CONSTRUCTION INC. ON THE YVONNE BURKE- JOHN D. HAM (LUCY AVALOS COMMUNITY CENTER) (CIP 4011.67.007) AS COMPLETE; AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE TO FILE THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER, TO RELEASE THE 5% RETENTION PAYMENT LESS ANY WITHHOLDING AFTER 35 DAYS AFTER RECORDATION, TO CONTINUE TO WITHHOLD PAYMENTS RELATED TO LABOR COMPLIANCE RETENTION AND RELEASE SUCH PAYMENT WHEN DEEMED NECESSARY, AND TO RETAIN AND/OR RELEASE LIQUIDATED DAMAGES AS NEGOTIATED". "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AMENDMENT TO THE CONTRACT WITH CONTRACTOR COMPLIANCE INC. IN AN AMOUNT NOT TO EXCEED $18,795 TO CONTINUE TO ADDRESS THE LABOR COMPLIANCE ISSUE ON THE PROJECT AND APPROVING AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $18,795 FROM THE GENERAL FUND". "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE REPORT ON THE MODIFICATIONS, AMENDMENTS AND CHANGE ORDERS APPROVED BY THE CITY MANAGER FOR THE YVONNE BURKE-JOHN D. HAM PARK COMMUNITY CENTER (CIP 67-007)." 14. INTENT TO LEVY PARKING AND BUSINESS IMPROVEMENT DISTRICT (PBID) ANNUAL ASSESSMENT AND APPROVE THE PBID ANNUAL SPENDING PLAN FOR FISCAL YEAR 2017-2018 Comments: On November 27, 1985, the City Council of the City of Lynwood adopted Ordinance 1262 establishing the Parking and Business Improvement District (PBID). PBID assessments are levied as a fair and equitable way to provide funds to maintain, operate, and improve business areas in the City. The mandated levy imposed for the PBID is 50% of the business license tax to all businesses located within the PBID area. The PBID currently has approximately $495,000 available for programming from prior years (see Attachment A — Fiscal Year 2016-2017 Annual Report). In addition, the City expects an additional $175,000 in PBID revenue for Fiscal Year 2017-2018. (DCE) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE REPORT OF THE PARKING AND BUSINESS IMPROVEMENT DISTRICT (PBID) ADVISORY BOARD SETTING THE ASSESSMENT AGAINST BUSINESS ENTERPRISES IN THE PARKING AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2017-2018; APPROVING THE PBID FISCAL YEAR 2017-2018 SPENDING PLAN AND FIXING THE TIME AND PLACE FOR THE PUBLIC HEARING FOR THE LEVY OF THE ASSESSMENT." 15. PLAZA MEXICO TENTATIVE PARKING REPLACEMENT PLAN Comments: At the July 5, 2017 City Council meeting, a request came from the Council to bring back a report on the parking plan for the current Plaza Mexico development. (DCE) Recommendation: Receive and file this report. 16. AN AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH INFRASTRUCTURE ENGINEERS FOR PLANNING AND BUILDING STAFF SERVICES Comments: Infrastructure Engineers, under a previously approved Consulting Services Agreement ("Agreement") entered into on July 19, 2016, has been providing interim staffing services to the City's Planning and Building Division for positions such as Permit Technician, Administrative Assistant, Building Inspector and Plan Checker. The level and quality of service has been reliable and beneficial to the City. (DCE) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH INFRASTRUCTURE ENGINEERS UTILIZING UNEXPENDED FUNDS FROM THE 2017 DEPARTMENT BUDGET IN THE AMOUNT OF $84,000 RELATING TO UNFUNDED WORK PERFORMED WITHIN TERM OF THE FISCAL YEAR 2017 AGREEMENT AS NEEDED FOR PLANNING AND BUILDING STAFF SERVICES." 17. PROFESSIONAL SERVICES FOR MUNICIPAL FINANCIAL ADVISOR Comments: On December 22, 2015 Council approved a Disposition and Development Agreement (DDA) for a Senior Citizen Housing Project on City property located on Atlantic Avenue between Agnes Avenue and Lavinia Avenue. Pursuant to the DDA, the plan for the site was to develop approximately 81 senior rental units on the approximate 0.88 acre block of undeveloped vacant land. The land was originally zoned for open space and was to be used as an annex of the Yvonne Burke Ham Park, which is located east of the proposed development site across Atlantic Avenue. (DCE, FIN) Recommendation: Staff recommends that the Agency adopt the attached resolution entitled: "A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AND THE LYNWOOD HOUSING AUTHORITY, AS SUCCESSOR TO THE LYNWOOD REDEVELOPMENT AGENCY AUTHORIZING THE USE OF WILLIAM REYNOLDS OF URBAN FUTURES, INC, FOR PROFESSIONAL FINACIAL ADVISORY SERVICES REGARDING THE DEVELOPMENT OF AFFORDABLE HOUSING IN THE CITY OF LYNWOOD". 18. REQUEST TO ADOPT AN ANTI -FRAUD POLICY Comments: The City of Lynwood is committed to protecting tax payer dollars and assets from fraud and recovering losses as a result of fraudulent behavior or activities. An anti -fraud policy is necessary to ensure fraud does not occur and to establish procedures to combat fraudulent acts, when suspected. (FIN) Recommendation: Staff respectfully recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING AN ANTI -FRAUD POLICY". 19. TEMPORARY AUDIT PREPARATION STAFFING REQUEST — FINANCE In November 2016 and again in February 2017, the City entered into Memorandum of Understanding's (MOU) with Ms. Laurie Marscher to provide temporary audit preparation and accounting services. The MOU expired April 30, 2017. (FIN) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXTEND THE MEMORANDUM OF UNDERSTANDING (MOU) WITH LAURIE MARSCHER, CPA ON AN INTERIM BASIS THROUGH MARCH 2018". 20. REQUEST FOR AUTHORIZATION TO DISTRIBUTE REQUEST FOR PROPOSALS FOR ASSESSMENT ENGINEERING SERVICES RELATED TO THE CITY'S SPECIAL ASSESSMENT DISTRICTS Comments: The Public Works Department will issue the Request for Proposals (RFP) with the goal of selecting a qualified provider to provide Assessment Engineering Services to update the tax rolls for the City's two existing Special Assessment Districts: Landscape Maintenance District and Lighting and Maintenance District, established pursuant Lighting and Landscaping Act of 1972 and Proposition 218. (FIN) Recommendation: The Finance Division recommends that the City Council adopt a resolution approving the issuance of a Request for Proposals and authorize the City Manager to distribute the attached Request for Proposals to entities who may be interested in providing Assessment Engineering Services related to the City's Special Assessment Districts. 21. REQUEST FOR AUTHORIZATION TO DISTRIBUTE REQUEST FOR PROPOSALS FOR REASSESSMENT ENGINEERING SERVICES RELATED TO THE CITY'S SPECIAL ASSESSMENT DISTRICTS AND A FINANCIAL REVIEW OF EXISTING AND ANTICIPATED FUTURE SPECIAL ASSESSMENT DISTRICTS Comments: The Finance Department will issue the Request for Proposals (RFP) with the goal of selecting a qualified provider to provide Proposition 218 Reassessment Engineering Services to review existing districts and provide advice and recommendations for formation of future districts and conduct all the necessary steps to increase the levy pursuant to Proposition 218. At this time, the City is interested in developing strategic recommendations for how to proceed with future funding mechanisms and ultimately choosing a direction to proceed with the establishment of those mechanisms. (FIN) Recommendation: The Finance Division recommends that the City Council adopt a resolution approving the issuance of a Request for Proposals and authorize the City Manager to distribute the attached Request for Proposals to request proposals from qualified consultants to conduct a review of existing and anticipated future special assessment districts including Proposition 218 balloting of existing districts. NEW/OLD BUSINESS 22. REQUEST TO CONVENE THE CITY COUNCIL AND UTILITY AUTHORITY TO CONSIDER CERTAIN RESOLUTIONS RELATED TO THE REDEMPTION OF THE 2008 UTILITY AUTHORITY BONDS AND 2017A REFUNDING REVENUE BONDS Comments: In review, the Lynwood Utility Authority (the "Authority") is a joint powers authority duly organized and existing under and pursuant to that certain Joint Exercise of Powers Agreement, dated as of September 1, 2003, by and between the City of Lynwood (the "City") and the Lynwood Redevelopment Agency (the "Agency" and, with the City, the "Members"), and under the provisions of Articles 1 through 4 (commencing with section 6500) of Chapter 5 of Division 7 of Title 1 of the California Government Code (the "Act"), and is authorized pursuant to Article 4 of the Act to borrow money for the purpose of financing the acquisition of bonds, notes and other obligations of, or for the purpose of making loans to, public entities, including the Members, and to provide financing for public capital improvements of public entities, including the Members. (FIN) Recommendation: The Finance Division recommends that the following Resolutions be adopted; 1. A Resolution of the City Council of Lynwood approving the issuance and sale by the Lynwood Utility Authority of its Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A, and authorizing and directing the execution thereof and authorizing actions related thereto. 2. A Resolution of the Lynwood Utility Authority approving the issuance and sale by the Lynwood Utility Authority of its Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A, approving an indenture of trust, escrow deposit and trust agreement, and first amendment to indenture of trust, authorizing and directing the execution thereof and authorizing actions related thereto. 3. A Resolution of the Lynwood Utility Authority approving the redemption of outstanding 2008 bonds; making certain determinations thereto; and authorizing certain actions related thereto. 23. RESIDENTIAL PERMIT PARKING FOR SECOND AVENUE AND LAVINIA AVENUE (ZONE) 1 AND 112TH STREET AND LORRAINE AVENUE (ZONE 2) Comments: On March 30, 2017, residents of the respective neighborhoods petitioned the Public Safety/Traffic and Parking Commission for the establishments of Residential Permit Parking Districts (RPPD) to deter non-resident vehicles from occupying the off-street parking surplus. Commission members, as well as staff, supported the establishment of both RPPDs based on the essential criteria being met in accordance with LMC 7-29 which governs the establishment of said RPPDs. (DCE) Recommendation: Staff recommends that the City Council review and adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ESTABLISHING RESIDENTIAL PERMIT PARKING DISTRICTS, Lynwood RPPD 1 — 12000 BLOCK OF SECOND AVENUE, 4200 BLOCK OF NILAND STREET AND 4200 BLOCK OF LAVINIA AVENUE; AND LYNWOOD RPPD 2 — 2600 BLOCK OF 112TH STREET AND 11000 BLOCK OF LORRAINE AVENUE." 24. APPROVAL OF AN AGREEMENT WITH INFRASTRUCTURE ENGINEERS TO PROVIDE INTERIM STAFFING AND ENGINEERING MANAGEMENT SERVICES TO MANAGE CAPITAL IMPROVEMENT PROJECTS FOR FISCAL YEAR 2017/18 The City Council approved a budget of $43.2 million in Capital Improvement Projects (CIP), inclusive of Utility Authority Projects for FY 17/18. The City Council approved the creation of an Assistant City Engineer position as part of the 2017/18 budget as well as two Public Works Assistants. The development of the job classifications, recruitment and training will delay these positions becoming fully online until early 2018. The Public Works Department, Engineering Division is already managing several projects including a $4.4 million reconstruction of the Long Beach Boulevard, overseeing the development review function, managing the City's fleet and CIP development/implementation. (PW) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AGREEMENT WITH INFRASTRUCTURE ENGINEERS TO PROVIDE INTERIM STAFFING AND ENGINEERING MANAGEMENT SERVICES AND TO PROVIDE GENERAL ENGINEERING AND MANAGE CERTAIN CAPITAL IMPROVEMENT PROJECTS IN AN AMOUNT NOT TO EXCEED $500,000 FOR FISCAL YEAR 2017- 2018." 25. LYNWOOD UNION GALLERY FACILITY USE AGREEMENT Comments: The Lynwood Union Gallery's lease agreement to use the City's historical train depot (Byork Building) expired on June 30, 2017 and has continued on a month-to-month basis. The City and the Lynwood Union Gallery desire to continue the lease agreement with certain amendments. (REC) Recommendation: Staff respectfully requests that the City Council review and adopt the attached resolution entitled: "A RESOLUTION OF THE CITY OF LYNWOOD CITY COUNCIL AUTHORIZING STAFF TO ENTER INTO A LEASE AGREEMENT WITH THE LYNWOOD UNION FOR USE OF THE BYORK BUILDING LOCATED AT 3780 MARTIN LUTHER KING, JR. BLVD." ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON AUGUST 15, 2017 AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA. AGENDA STAFF REPORT DATE: July 18, 2017 TO: Honorable Mayor and Members of th City Council APPROVED BY: Alma K. Martinez, City Manag PREPARED BY: Raul Godinez II, P.E., Director of Public Works/City Engineer Lorry Hempe, Public Works Special Projects Manager SUBJECT: Lynwood Lighting Assessment District, FY 2017-2018 Recommendation: Staff recommends that the City Council hold a public hearing, and after considering all oral statements and all written protests made or filed by any interested person, to close the public hearing and approve the following actions: 1. Set the assessment rates for the Lynwood Lighting Assessment District at $1.62 per front footage for residential properties and $3:01 per front footage for commercial properties; and 2. Adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ORDERING THE LEVY OF ANNUAL ASSESSMENTS FOR THE EXISTING LYNWOOD LIGHTING ASSESSMENT DISTRICT FOR FISCAL YEAR 2017-2018". Background: On, June 20, 2017, the City Council approved the Engineer's Report, and further proceeded to give notice of the time and place for a public hearing on all matters relating to said assessment district and the proposed assessment rates. An annual hearing is required to re-establish the district. The notice of public hearing was advertised on June 29, 2017, per Section 22553 of the California Streets and Highways Code. Discussion & Analysis: There are no proposed assessment rate increases; the assessment rates will remain the same as in prior years at $1.62 per front footage for residentially zoned properties and $3.01 per front footage for commercially zoned properties. The estimated total assessment for Fiscal Year 2017-2018 is $1,037,804, and adding interest and penaltiFQ GENDA ITEM the total estimated amount to be collected is $1,049,435. The cost to operate the District for FY 17-18 is $1,028,354. With a beginning fund balance in a deficit at ($7,382), the projected fund balance for FY 17-18 is $13,699. In order to impose or increase an assessment on a property, the City Council must hold a public hearing, mail advance notice of the public hearing to the record owner of each parcel proposed to be assessed, and conduct a ballot protest proceeding. The assessment ballot protest proceeding is not, an election or a vote for purposes of California Constitution Article II, nor is it subject to the limitations and requirements of the California Elections Code governing elections. If the City Council is interested in possibly pursuing an increase to the assessment rate, staff can bring forth a staff report outlining in more detail what needs to take place. Fiscal Impact: The District is projected to have a surplus of $13,699 by the end of FY 2017-2018. At this time, the assessment rates for the City's Lighting Assessment District will remain the same. Coordinated With: City Attorney's Office City Manager's Office Attachments 1. Attachment A- Diagram 2. Attachment B - Resolution 2017.085 3. Attachment C - Resolution 2017.097 4. Attachment D — Resolution 2017.098 5. Attachment E - Engineer's Report 6. Attachment F- Publishing RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ORDERING THE LEVY OF ANNUAL ASSESSMENTS FOR THE EXISTING LYNWOOD LIGHTING ASSESSMENT DISTRICT FOR FISCAL YEAR 2017-2018 WHEREAS, on May 16, 2017, the City Council of the City of Lynwood adopted Resolution No. 2017.085 proposing the levy of the annual assessments for the Lynwood Lighting Assessment District (the "District") and directing the City Engineer to prepare a report in connection therewith; and WHEREAS, on June 20, 2017, the City Engineer submitted a report in relation to said District pursuant to the provisions of the "Landscaping and Lighting Act of 1972" (Part 2 of Division 15 of the Streets and Highways Code of the State of California) (the "Act"); and WHEREAS, on June 20, 2017, the City Council adopted Resolution No.2017-097 approving the Engineer's Report herein mentioned; and . WHEREAS, on June 20, 2017, the City Council adopted Resolution No.2017-098 fixing the time and place for a hearing on the matter of said District; and WHEREAS, evidence has been received as to the publication of notice of said hearing in the time, form and manner required by law. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. Each and all of the recitals set forth above are true and correct. Section 2. Following notice duly given, the City Council has held a full and fair public hearing regarding its Resolution No. 2017-098, the Engineer's Report prepared in connection therewith, and the levy and collection of the proposed assessment against lots and parcels of land within the District for Fiscal Year 2017-2018, to pay for the costs and expenses for the improvements described in Section 5 below pursuant to the terms and provisions of the Act. All interested persons were afforded the opportunity to hear and be heard. The City Council has considered all oral and written statements, protests and communications made or filed by interested persons. Section 3. Based upon its review of the Engineer's Report and other reports and information, the City Council hereby finds and determines that (i) the lands within the District will be benefited by the improvements described in Section 5 below, (ii) the District includes all of the lands so benefited, and (iii) the net amount to be assessed upon the lands within the District for Fiscal Year 2017-2018 in accordance with the Engineer's Report is apportioned by a formula and method which fairly distributes the net amount among all assessable lots and parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. Section 4. The diagram and assessment in the Engineer's Report, as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed. Section 5. The City Council hereby orders the proposed improvements to be made as described in the Engineer's Report, which improvements shall be performed pursuant to law, and which are briefly described as follows: . The installation or construction and maintenance and servicing of existing and previously proposed public lighting facilities and facilities which are appurtenant thereto or which are necessary or convenient for the maintenance or servicing thereof, including but not limited to, electric current, repair of street light standards and fixtures and incidental costs including labor, material and equipment. Such improvements constitute the maintenance and operation of sidewalks, and streets, specifically, the maintenance and operation of existing and previously proposed public lighting facilities located in and along sidewalks and streets, including street lights and traffic signals, and facilities which appurtenant thereto or which are necessary or convenient for the maintenance or operation thereof, including the cost of rent, repair, replacement, rehabilitation, fuel, power, electrical current, care and supervision necessary to properly operate and maintain public lighting facilities and traffic signals located in and along public streets within the city; and the installation and construction of previously proposed public lighting facilities, and facilities which appurtenant thereto or which are necessary or convenient for the maintenance or operation thereof, which have been paid or are to be paid from the.proceeds of revenue bonds. Section 6. The assessment is in compliance with provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. Section 7. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in Section 5 above for the Fiscal Year 2017- 2018. Section 8. The County Auditor of Los Angeles County shall enter on the County Assessments Roll opposite each lot or parcel of land the amount of the assessment and such assessments shall then be collected at the same time and in the same manner as the County taxes are collected. After, collection by the County, the net amount of the assessments, after deduction of any compensation due the County for collection, shall be paid to the City Treasurer. Section 9. Public property owned by any public agency and in use in the performance of a public function and which is included within the District shall not be subject to assessments pursuant to the Act for any of the costs and expenses of any of the improvements. Section 10. The City Treasurer shall deposit all monies representing assessments collected by the County to the credit of a special fund for the District and such monies shall be expended only for the improvements described in Section 5 above. Section 11. The adoption of this Resolution constitutes the levy of an assessment for the fiscal year commencing July 1, 2017 and ending June 30, 2018. Section 12. A certified copy of the diagram and assessment shall be filed in the office of the City Engineer, with a duplicate copy on file in the office of the City Clerk and open for public inspection. Section 13. The Lynwood Lighting Assessment for Fiscal Year 2017-2018 shall be $1.62 and $3.01 .per foot of front footage for residentially and commercially zoned properties, respectively. Section 14. Any shortfall may be covered by the General Fund per City Council direction until such time as Council duly approves an increase. Section 15. The City Clerk is hereby authorized and directed to forthwith file a certified copy of said diagram and assessment with the County Auditor, together with a certified copy of this Resolution. Section 16. This resolution shall take effect immediately upon its adoption. Section 17. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 18th day of July, 2017. ATTEST: Marfa Quinonez City Clerk Maria T. Santillan-Beas Mayor Alma K. Martinez City Manager s APPROVED AS TO FORM: APPROVED AS TO CONTENT: Noel Tapia City Attorney Raul Godinez II, P.E. Director of Public Works / City Engineer STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of , City Clerk, City of Lynwood i "_ ©_ B C D E EXHIBIT A LYNWOOD LIGHTING MAINTENANCE ASSESSMENT DISTRICT .'BOUNDARY MAP 2017-A For information on lines and dimensions of each lot of parcel, refer to to Plan 2017-A and the Los Angeles County Assessor's Maps on file with the City Engineer. All publicly owned properties are assessment exempt from the District. , S 42 w � P SQ@111\ E u A E NOT TO g City of ,cry LYNWOOD A B IC D i hI® 41 ®51 a a M z ATTACHMENT B RESOLUTION NO. 2017.085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT REGARDING THE LYNWOOD LIGHTING ASSESSMENT DISTRICT, AS REQUIRED BY THE LANDSCAPING AND LIGHTING ACT OF 1972 (PART TWO OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA), FOR FISCAL YEAR 2017-2018 WHEREAS, the City Council of the City of Lynwood on June 2, 1981, adopted Resolution No. 81-69 ordering the formation of the Lynwood Lighting Assessment District; and WHEREAS, there are no proposed new improvements or any substantial changes in the existing improvements referenced in Resolution No.81-68 which was adopted on June 2, 1981; and WHEREAS, Section 22500 et. seq. of the Streets and Highways Code requires that an annual report regarding the Lynwood Lighting Assessment District be prepared and filed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the City Engineer is hereby ordered to prepare and file a report in relation to said Assessment District, all in accordance with Part 2, Division 15 of the Streets and Highways Code of the State of California. Section 2. This Resolution shall be effective immediately upon its adoption. Section 3. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED and ADOPTED on this 16th day of May, 2017. Maria T. Santillan-Beas, Mayor 1 ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Noel Tapia, City Attorney 2 APPROVED AS TO CONTENT: Alma K. Martinez, City Manager Raul Godinez II, P.E Director Director Public of Works/ City Engineer STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 16th day of May, 2017. AYES: COUNCIL MEMBERS CASTRO, HERNANDEZ, MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS NOES: NONE ABSENT: COUNCIL MEMBER ALATORRE ABSTAIN: NONE Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2017.085 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 16th day of May, 2017. Maria Quinonez, City Clerk 3 ATTACHMENT C RESOLUTION NO. 2017.097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE ENGINEER'S REPORT PREPARED PURSUANT TO CALIFORNIA STREETS AND HIGHWAYS CODE SECTION 22565 ET SEQ., AS ORDERED BY THE CITY COUNCIL ON MAY 16, 2017, RELATING TO THE LYNWOOD LIGHTING ASSESSMENT DISTRICT WHEREAS, the City Council on May 16, 2017, adopted Resolution No. 2017-085 directing the City Engineer to prepare and file with the City Clerk, a report in writing in accordance with the requirements of Streets and Highways Code, Section 22565 et. seq.; and WHEREAS, the City Engineer has prepared and filed said report with the City Clerk and the City Clerk has presented said report to this City Council for consideration. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council has considered said report as filed and is hereby approved. Section 2. Said report,, including any plan. and diagram 2017-A, estimates of costs and expenses and assessments shall be placed on file in the office of the City Clerk and may be examined by any interested persons. Section 3. This Resolution shall be effective immediately upon its adoption. Section 4. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED and ADOPTED on this 20th day of June, 2017. ATTEST: Maria Quinonez, City Clerk 1 Maria T. Santillan-Beas, Mayor APPROVED AS TO FORM: Noel Tapia, City Attorney 2 APPROVED AS TO CONTENT: Alma K. Martinez, City Manager Raul Godinez II, P.E Director of Public Works/City Engineer STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 20th day of June, 2017. AYES: COUNCIL MEMBERS ALATORRE, CASTRO, HERNANDEZ, MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS NOES:- NONE ABSENT: NONE ABSTAIN: NONE Maria Quinonez, City Clerk STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2017.097 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 20th day of June, 2017. Maria Quinonez, City Clerk 3 ATTACHMENT D RESOLUTION NO. 2017.098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, DECLARING ITS INTENTION TO ORDER THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2017-2018 WITHIN THE LYNWOOD LIGHTING ASSESSMENT DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (COMMENCING WITH STREETS AND HIGHWAYS CODE SECTION 22500 ET SEQ.) AND FIXING THE TIME AND PLACE FOR HEARING PROTESTS AND OBJECTIONS, AS JULY18, 2017 WHEREAS, the City Council has ordered and the City Engineer has prepared and. filed a report in writing containing all matters required by Council under Streets and Highways Code, Section 22565, et seq.; and WHEREAS, said report has been presented to the City Council for consideration and has been received and approved. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Pursuant to the Landscaping and Lighting Act of 1972 commencing with Streets and Highways Code Section 22500 et seq., the City Council of the City of Lynwood hereby declares its intention to order the levy and collection of assessments against the assessable lots and parcels of land within an existing assessment district designated "Lynwood Lighting Assessment District" (the "District) for fiscal year 2017- 2018 to pay .for the costs of those existing and previously proposed improvements described as: "The installation or construction and maintenance and servicing of existing and previously proposed public lighting facilities and facilities which are appurtenant thereto or which are necessary or convenient for the maintenance or servicing thereof, including but not limited to, electric current, repair of street light standards and fixtures and incidental costs including labor, material and equipment. Such improvements constitute the maintenance and operation of sidewalks and streets, specifically, the maintenance and operation of existing and previously proposed public lighting facilities located in and along sidewalks and streets, including street lights and traffic signals, and facilities which are appurtenant thereto or which are necessary or convenient for the maintenance or' operation thereof, including the cost of rent, repair, replacement, rehabilitation, fuel, power, electrical current, care, and supervision necessary to properly operate and maintain public lighting facilities and traffic signals located in and along public streets within the City; and the installation and construction of previously proposed public lighting facilities, and facilities which are appurtenant thereto or which are necessary or convenient for the maintenance or operation thereof, which have been or are to be paid from the proceeds of revenue bonds." 1 The boundaries of the District are conterminous with the boundaries of the City of Lynwood as shown on the map identified as Assessment District Map No. 2017-A on file in the office of the City Engineer. Section 2. Reference is hereby made to the report of the Engineer approved by City Council on June 20, 2017; by a resolution, and on file in the office of the City Clerk, describing the improvements made or to be made, the maintenance and servicing thereof, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. Section 3. Notice is hereby given that on July 18, 2017, at the hour of 6:00 p.m., in the Council Chambers of City Hall, 11330 Bullis Road, Lynwood, California, is the date, hour and place fixed for the hearing of protests and objections by the City Council to the levy and collection of the proposed assessments (existing rates) against the lots and parcels of land within the District for fiscal year 2017-2018. Any and all persons having any protest or objection to the proposed improvements, the extent of the assessment district, or the levy and collection of the proposed assessments may appear before the City Council at said hearing and show cause why said improvements should not be carried out and the proposed assessment and diagram confirmed, all in accordance with this Resolution of Intent and the report of the City Engineer. Prior to the conclusion of the hearing, any interested person may file a written protest with the City Clerk, or, having previously filed a protest, may file a written withdrawal of protest. A written protest shall state all grounds of objection. A protest by a property owner shall contain a description sufficient to identify the property owned by him. All interested persons shall be afforded the opportunity to hear and be heard. The City Council shall consider all oral statements and written protests or communications made or filed by an interested person. , Section 4. The City Clerk is hereby directed to cause notice of the passage of this resolution to be given at the .time and place in the form and manner provided by law. Section 5. The proposed assessments for fiscal year 2017-2018 will remain the" same and are $1.62 per foot of frontage for residentially zoned properties and $3.01 per foot of frontage for commercially zoned properties. Section 6. This Resolution shall be effective immediately upon its adoption. Section 7. The City Clerk shall certify as to the adoption of this City Council Resolution. 2 PASSED, APPROVED and ADOPTED on this 20th day of June, 2017. ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Noel Tapia, City Attorney 3 Maria T. Santillan-Bess, Mayor APPROVED AS TO CONTENT: Alma K. Martinez, City Manager Raul Godinez II, P.E Director of Public Works/City Engineer STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a`regular meeting held on the 20th day of June, 2017. AYES: COUNCIL MEMBERS ALATORRE, CASTRO, HERNANDEZ, MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS NOES: NONE ABSENT: NONE ABSTAIN: NONE Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the. above foregoing is a full, true and correct copy of Resolution No. 2017.098 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 20th day of June, 2017. Maria Quinonez, City Clerk 4 ATTACHMENT E CITY OF LYNWOOD I June 6, 2017 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT I 10f 6 LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Pursuant to the LANDSCAPING AND LIGHTING ACT OF 1972 (DIVISION 15, PART 2) STREETS AND HIGHWAYS CODE STATE OF CALIFORNIA Prepared by: Danny Chow, P.E. Charles Abbott Associates, Inc. 27401 Los Altos, Suite 220 Mission Viejo, CA 92691 Reviewed by: Raul Godinez II, P.E. Director of Public Works/Clty Engineer City of Lynwood 11330 Bullis Road Lynwood, California 90262 June 6, 2017 CITY OF LYNWOOD I .lune 6, 2017 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY HALL, LYNWOOD, CALIFORNIA 2 of 8 LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Pursuant to Resolution No. 2017-086 adopted by your Honorable Body on May 16, 2017, the Engineer's Report has been prepared and submitted. ENGINEER'S REPORT This Engineer's Report is required by the Landscaping and Lighting Act of 1972 (being Division 15, Part 2, Streets and Highways Code of the State of California). The Report contemplates the levying of an assessment to provide funds necessary to construct, install, maintain and service sidewalks, streets, and water, flood control and drainage systems and appurtenant facilities within the Lynwood Landscape Maintenance Assessment District ("District"). The assessment will be levied against those parcels of land within said District benefiting from the improvements, as required by law. Proper construction, installation, maintenance and servicing of median islands, retention basins, street trees and other landscaped facilities provide an esthetically pleasing environment, air purification and sound attenuation. Proper maintenance of such landscaping also provides for the efficient operations of streets, sidewalks, water, flood control and drainage systems throughout the City. It enhances the overall quality of life and desirability of an area, thereby enhancing the value of each and every parcel in the District. Since the street trees and medians are evenly distributed along the public streets and other landscaped facilities are evenly distributed throughout the District, all properties within the District are located within a single zone. The front footage of each benefited property is used as the base for distributing the overall costs in proportion to the estimated benefits to be received by each assessable parcel from the improvements. CITY OF LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT THE ENGINEER'S REPORT June 6, 2017 3 of 8 Pursuant to the Landscaping and Lighting Act of 1972, it is required that an Engineer's Report be prepared and filed with the City Clerk, who in turn presents it to the City Council for its consideration. This Engineers Report consists of the following: 1. BOUNDARY MAP NO. 2017-L: A diagram of the District, showing the exterior boundaries of the District, is attached hereto as Exhibit "A" and is incorporated herein by reference. Reference is made to the Los Angeles County Assessor's Maps for Fiscal Year (FY) 2016-2017 for a detailed description on the lines and dimensions of any lots or parcels within the District. 2. PLANS & SPECIFICATIONS: The Lynwood Landscape Maintenance Assessment District was formed and assessments first levied in 1978 following the passage of Resolution No. 78-78 by the City Council. The plans and specifications for the improvements within the District are on file with the Director of Public Works/City Engineer and are incorporated herein by reference. Landscape Maintenance for FY 2017-2018 includes maintenance and servicing of the following improvements: LYNWOOD CITY PARK (29 acres) Mowing, edging, weeding, irrigation, restroom maintenance, painting, fence repair, and trash pick-up. BURKE - HAM PARK (10 acres) Mowing, edging, weeding, irrigation, restroom maintenance, painting, fence repair and trash pick-up. LOS AMIGOS PARK (1.75 acres) Mowing, edging, weeding, irrigation, painting, fence repair and trash pick-up. CITY OF ;LYNWOOD I June 6, 2017 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT 4 of 8 ADOLFO MEDINA PARK' (2.4 acres) Mowing, edging, weeding, irrigation, painting, fence repair and trash pick-up. ROSE PARK (1.5 acres) Mowing, edging, weeding, irrigation, painting, fence repair and trash pick-up. CARNATION PARK (1.5 acres) Mowing, edging, weeding, irrigation, painting, fence repair and trash pick-up. POCKET PARKS 4 -SITES (.6 acre) Regrading, weeding, graffiti removal, trash 1 pick-up. CIVIC CENTER PARK (.18 acre) Weeding, trash pick-up, irrigation, and mowing. STREET MEDIANS Mowing, edging, irrigation, trash pick-up and eradicating pests: e Long Beach Boulevard, 74,646 square feet e State Street, 170,000 square feet e Imperial Highway, 37,740 square feet e Atlantic Avenue, 94,472 square feet e Hulme Avenue 2,160 square feet e Lilita Avenue 1,620 square -feet e Carlin Avenue 1,530 square feet e Los Flores Boulevard, 36,800 square feet e Flower Street 36,800 square feet e Bullis Road, 3,888 square feet •Santa Fe Avenue, 3,000 square feet WATER WELLS (Five locations, 10,750 square feet) Mowing, edging, weeding and irrigation. LINEAR PARK (6.8 acres) Mowing, edging, weeding irrigation, restroom maintenance, painting, fence repair and trash. pick-up. TREE TRIMMING Two-year cycle general tree trimming, and in-house light tree trimming and emergency response services. CITY OF LYNWOOD I June 6, 2017 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT 3. ESTIMATE OF COST: Maintenance and Servicing Taking into consideration the current economic constraints and resulting current fiscal budgetary policies, a conservative projected estimate of the water, electrical energy, operation and maintenance costs with respect to the District (including incidental expenses) for the one-year period beginning July 1, 2017 and ending June 30, 2018, is as follows: Landscape Maintenance: A. Personnel $ 1,032,313 B. Maintenance & Operations $. 143,971 C. Tree Maintenance $ 327,700 TOTAL COST $ 1,503,984 Capital Improvement Costs There was a considerable need in capital improvement projects in the District. The public interest and safety required that these projects be constructed on an expedited basis. The cost of such capital improvements exceeded the amount that could be conveniently raised in a single assessment. Pursuant to Section 22662 (b) of the Landscaping and Lighting Act of 1972, the City of Lynwood entered into an agreement whereby the District received an advance of $2,467,850 from the City of Lynwood for deposit to the improvement fund. Such advance is to be repaid to the City through the levy and collection of annual assessments for these improvements over a period of twenty (20) years commencing with FY 1992-1993, and is proposed to continue until the loan is paid. With the 2003 bond refinancing, the annual installment is $238,450. Commencing FY 2015-2016 this installment will no longer apply. Total Estimated Costs CITY OF LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT June 6, 2017 6 of 8 The total amount to be assessed with respect to the District for FY 2017-2018, consisting of the maintenance and servicing costs and the annual installment for the capital improvement cost discussed above, plus the estimated balance from FY 2016-17 is as follows: FY 2017-2018 ASSESSMENT Maintenance and Servicing Costs Annual Installment. (Revenue Bonds) Total Cost Estimated FY16-17 Balance (Exhibit B) Total Liability (Total Cost Less Balance) Estimated Revenue & Amount to Be Assessed at No Change in Foot Frontage (FF) Rate Transfer- In Estimate Other Revenue Estimate Estimated Balance at End of FY 2017-2018 $ (1,503,984) (1,503,984) (372, 380) (1,876,364) 1,069,024 10,125 $ (797,215) CITY OF LYNWOOD I June 6, 2017 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT 1 7 of 8 4. ASSESSMENT OF ESTIMATED COST: There are approximately 10,046 parcels of residential and commercial properties within the District with approximately 562,644 front footage (FF), excluding parcels of public property which are not assessed for the costs of improvements. Total Front Footage Rate Estimated Assessment revenue 562,644.02 FF $1.90/FF $1,069,023.64 S. LANDSCAPE DISTRICT FUND BALANCE: If the District rates remain the same for FY 2017-2018, the estimated year-end balance will be at a deficit in the amount of ($797,215). At this time, the assessment rates for the City's Landscape District will remain the same. 6. ALTERNATIVES TO FUND THE DISTRICT: Assessments for the Lynwood Landscape Maintenance Assessment District have not been adjusted since FY1998-1999, at which time the rates were decreased from $1.97 FF to $1.90 FF for both residential and commercial. Energy cost and maintenance costs have increased over the last 20 -years and yet the assessment rates have remained the same. As such, the Landscape Maintenance Assessment District no longer collects sufficient funds to adequately fund its operations. Over the last several years the General Fund has subsidized the Landscape Maintenance Assessment District's operations; the General Fund can no longer afford to subsidize the District. As such, it is recommended that the City Council consider implementing a plan to increase the assessment rates. The Proposition 218 process would need to start this FY 2017-2018, so that fee adjustments can be considered for implementation starting in FY 2018-2019. At this time it is also recommended that District rates remain the same for FY 2017-2018. 7. ASSESSMENT ROLL CITY OF LYNWOOD I June 6, 2017 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT I 8 of 8 r In compliance with the Landscaping and Lighting Act of 1972, copies of the County Assessor's Map and the County Tax Collector's tax rolls were used in this Engineer's Report. The assessment roll, for each parcel of land therein, shows the legal description; the County Assessor's code numbers; the assessable front footage used in calculating the assessment against the parcels and the total net assessment levied against the parcels for FY 2017-2018. The assessment roll is on file in the Office of the City Engineer and is incorporated herein by reference. The foregoing Engineer's Report, which includes BOUNDARY MAP NO. 2017-L, the ASSESSMENT ROLL and the ESTIMATE OF COSTS, is presented herewith for your approval by resolution. Dated this 6th day of June, 2017. Respectfully, Raul Godinez fl, E. City Engineer City of Lynwood Prepared by: Danny Chow, P.E. Charles Abbott Associates, Inc. 27401 Los Altos, Suite 220 Mission Viejo, CA 92691 EXHIBIT B LYNWOOD LANDSCAPE ASSESSMENT DISTRICT ESTIMATE OF COSTS & FUND BALANCE ANALYSIS FISCAL YEAR 2015-2016 FISCAL YEAR 2016-2017 FISCAL YEAR 2017-2018 STATUS ACTUAL YEAR END ESTIMATE BUDGET ESTIMATE BEGINNING FUND BALANCE $ 108,958 $ 88,277 $ 372,380 LANDSCAPE ASSESSMENT 1,069,956 1,041,069 1,069,024 INTEREST & PENALTIES 10,125 8,223 10,125 TAX REDEMPTION - 22,217 - TRANSFER -IN - - - LANDSCAPE MAINTENANCE COST (1,277,316) 1,355, 612) (1,503,984 CIP - - - DEBT SERVICES - - - FUND BALANCE $ 88,277 $ 372,380 $ 797,215 ATTACHMENT F LYNWOOD PRESS WAVE This space for filing stamp only 3731 WILSHIRE BLVD STE 840, LOS ANGELES, CA 90010 Telephone (323) 556-5720 / Fax (213) 835-0584 Laura M. Ochoa CITY OF LYNWOOD CITY/PUBLIC WORKS LYN#: 3025098 11750 ALAMEDA ST RESOLUTION NO. 2017.098 LYNWOOD, CA - 90262 A.RESOLUTION OF THE CRY COUNCIL OF THE CITY OF LYNWOOD, DECLARING ITS INTENTION TO ORDER THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2017-2018 WITHIN THE LYNWOOD LIGHTING ASSESSMENT DISTRICT PURSUANT TO THE LANDSCAPING PROOF OF PUBLICATION AND LIGHTING ACT 1972 (COMMENCING WITH STREETS AND HIGHWAYS CODE SECTION 22500 ET SEQ.) AND FIXING THE TIME AND PLACE FOR HEARING PROTESTS AND OBJECTIONS, AS JULY18, 2017 (2015.5 C.C.P.) WHEREAS, the City Council has ordered and the City Engineer has prepared and filed a report in State Of California ) writing containing all matters required by Council County of LOS ANGELES ) ss t seq.; and Highways Code, Section 22565, Streets WHEREAS, said report has been presented to Notice Type: YP GPN - GOVT PUBLIC NOTICE the City Council for consideration and has been received and approved. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY Ad Description: RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: RESOLUTION NO. 2017.098 Section 1. Pursuant to the Landscaping and Lighting Act of 1972 commencing with Streets and Highways Code Section 22500 et seq., the I am a citizen of the United States and a resident of the. State of California; I am City Council of the city of Lynwood hereby declares its Intention to order the levy and over the age of eighteen years, and not a party to or interested in the above collection of assessments against the assessable entitled matter. I am the principal clerk of the printer and publisher of the P P P P lots and parcels of land within an existing assessment district designated 'Lynwood LYNWOOD PRESS WAVE, a newspaper published in the English language in Lighting Assessment District" (the "District) for the cit of LYNWOOD, count of LOS ANGELES, and adjudged a newspaper Y Y 1 9g fiscal hose yeexi exiar sting land 018 to pay for the costs of previously proposed of general circulation as defined by the laws of the State of California by the improvements described as: Superior Court of the County of LOS ANGELES, State of California, under date "The installation or construction and maintenance 02/27/1933, Case No. LBC -5394. That the notice, of which the annexed is a and servicing of existing and previously proposed public lighting facilities and facilities which are printed copy, has been published in each regular and entire issue of said appurtenant thereto or which are necessary or newspaper and not in any supplement thereof on the following dates, t0 -Wit: con reofilt for ornt ebumaint nlimited mi ed serv a elcing the,current, repair of street light standards and fixtures and incidental costs including labor, material and equipment. Such improvements . constitute the maintenance and operation of sidewalks and streets, specifically, the maintenance and operation of existing and previously proposed public lighting facilities located in and along sidewalks and streets, including street lights and traffic signals, and 'facilities which are appurtenant hereto or which are necessary or convenient for the maintenance or operation thereof, including the cost of rent, repair, replacement, rehabilitation, fuel, power, 06/29/2017 electrical current, care, and supervision - necessary to properly operate and maintain public lighting facilities and traffic signals located " in and along public streets within the City; and the Executed on: 06/29/2017 installation and construction of previously proposed public lighting facilities, and facilities At Los Angeles, California which are appurtenant thereto or which are necessary or convenient for the maintenance or operation thereof, which have been or are to be I certify (or declare) under penalty, of perjury that the foregoing is true and paid from the proceeds of revenue bonds." correct. The boundaries of the District are conterminous with the boundaries of the City of Lynwood as shown on the map identified as Assessment District Map No. 2017-A on file in the office of the City Engineer. Section 2. Reference is hereby made to the / I report of the Engineer approved by City Council (�.. on June 20, 2017, by a resolution, and on file in 11�iiiuiiiuiiiiiiivi0uiiiumuiiiuii the office of the City Clerk, describing the improvements made or to be made, the maintenance and servicing thereof, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. Section 3. Notice is hereby given that on July 18. 2017, at the hour of 6:00 p.m., in the Council Chambers of City Hall, 11330 Bullis Road, Lynwood, California, is the date, hour and place fixed for the hearing of protests and objections by the City Council to the levy and collection of the proposed assessments (existing rates) against the lots and.parcels of land within the District for fiscal year 2017-2018. Any and all persons having any protest or objection to the proposed improvements, the extent of the assessment district, or the levy and collection of the proposed assessments may appear before the City Council at said hearing and show cause why said improvements should not be carried out and the proposed assessment and diagram confirmed, all in accordance with this Resolution of Intent and the report of the City Engineer. Prior to the conclusion of the hearing, any interested person may file a written protest with the City Clerk, or, having previously filed a protest, may file a written withdrawal of protest. A written protest shall state all grounds of objection. A protest by a property owner shall contain a description sufficient to identify the property owned by him. All interested persons shall be afforded the opportunity to hear and be heard. The City Council shall consider all oral statements and written protests or communications made or filed by an interested person. Section 4. The City Clerk is hereby directed to cause notice of the passage of this resolution to be given at the time and place in the form and manner provided by law. Section S. The proposed assessments for fiscal year 2017-2018 will remain the same and are $1.62 per foot of frontage for residentially zoned properties and $3.01 per foot of frontage for commercially zoned properties. Section 6. This Resolution shall be effective immediately upon its adoption. Section 7. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED and ADOPTED on this 201" day of June, 2017. Maria T. Santillan-Beas, Mayor /S/ ATTEST: Maria Quinonez, City Clerk /S/ APPROVED AS TO FORM: APPROVED AS TO CONTENT: Noel Tapia, City Attorney Alma K. Martinez, City Manager/S/ Raul Godinez Il, RE Director of Public Works/City Engineer /S/ STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS. I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted'by the City Council of the City of J ynwood at a regular meeting held on the 20 day of June, 2017. AYES: COUNCIL MEMBERS ALATORRE, CASTRO, HERNANDEZ, MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS NOES: NONE ABSENT: NONE ABSTAIN: NONE Maria Quinonez, City Clerk /S/ STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2017.098on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 20` day of June, 2017. Maria Quinonez, City Clerk /S/ 6/29/17 LYN-3025098# LYNWOOD PRESS WAVE F� N O AGENDA STAFF REPORT LItOnNV',, DATE: July 18, 2017 TO: Honorable Mayor and Members of thp City Council APPROVED BY: Alma K. Martinez, City Managfoublic PREPARED BY: Raul Godinez II, P.E., DirectoWorks/City Engineer Lorry Hempe, Public Works Special Projects Manager SUBJECT: Lynwood Landscape Maintenance Assessment District, FY 2017-2018 Recommendation: Staff recommends that the City Council hold a public hearing, and after considering all oral statements and all written protests made or filed by any interested person, to close the public hearing and approve the following actions: 1. Set the assessment rate for the Landscape Maintenance Assessment District at $1.90 per front footage for residential and commercial properties; and 2. Adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ORDERING THE LEVY OF ANNUAL ASSESSMENTS FOR THE EXISTING LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT FOR FISCAL YEAR 2017-2018". Background: On June 20, 2017, the City Council approved the Engineer's Report, and further proceeded to give notice of the time and place for a public hearing on all matters relating to said assessment district and the proposed assessment rates. An annual hearing is required to re-establish the district. The notice of public hearing was advertised on June 29, 2017 per Section 22553 of the California Streets and Highways Code. Discussion & Analysis: There are no proposed assessment rate increases; the assessment rates will remain the same as in prior years at $1.90 per front footage for both residentially zoned properties and for commercially zoned properties. The total estimated assessment Fiscal Year 2017-18 is $1,069,024. The cost to operate the District for Fiscal Year (FY) 2017-2018 is $1,503,984 and the assessment amount, along with interest and pena e I 144GENDA ITEM is $1,079,149. Including a deficit carryover of ($372,380), this will result in an estimated fund deficit of ($797,215) at the end of FY 2017-2018. In order to impose or increase an assessment on a property, the City Council must hold a public hearing, mail advance notice of the public hearing to the record owner of each parcel proposed to be assessed, and conduct a ballot protest proceeding. The assessment ballot protest proceeding is not an election or a vote for purposes of California Constitution Article II, nor is it subject to the limitations and requirements of the California Elections Code governing elections. If the City Council is interested in possibly pursuing an increase to the assessment rate, staff can bring forth a staff report outlining in more detail what needs to take place. Fiscal Impact: The District is projected to have a deficit of ($797,215) by the end of FY 2017-2018. However, at this time, the assessment rates for the City's Landscape District will remain the same. Coordinated With: City Attorney's Office City Manager's Office Attachments 1. Attachment A- Diagram 2. Attachment B - Resolution 2017.086 3. Attachment C - Resolution 2017.095 4. Attachment D — Resolution 2017.096 5. Attachment E - Engineer's Report 6. Attachment F- Publishing 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ORDERING THE LEVY OF ANNUAL ASSESSMENTS FOR THE EXISTING LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT FOR FISCAL YEAR 2017- 2018 WHEREAS, on. May 16, 2017, the City Council of the City of Lynwood adopted Resolution No. 2017-086 proposing the levy of the annual assessments for the Lynwood Landscape Maintenance Assessment District (the"District") and directing the City Engineer to prepare a report in connection therewith; and WHEREAS, on June 20, 2017, the City Engineer submitted a report in relation to said District pursuant to the provisions of the "Landscaping and Lighting Act of 1972" (Part 2 of Division 15 of the Streets and Highways Code of the State of California) (the "Act"); and WHEREAS, on June 20, 2017, the City Council adopted Resolution No. 2017- 095 approving the Engineer's Report herein mentioned; and WHEREAS, on June 20, 2017, the City Council adopted Resolution No. 2017- 096 fixing the time and place for a hearing on the matter of said District; and WHEREAS, evidence has been received as to the publication of notice of said hearing in the time, form and manner required by law. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. Each and all of the recitals set forth herein above are true and correct. Section 2. Following notice duly given, the City Council has held a full and fair public hearing regarding its Resolution No. 2017-096, the Engineer's report prepared in connection therewith, and the levy and collection of the proposed assessment against lots and parcels of land within the District for Fiscal Year 2017-2018 to pay for the costs and expenses for the improvements described in Section 5 below pursuant to the terms and provisions of the Act. All interested persons were afforded the opportunity to hear and be heard. The City Council has considered all oral and written statements, protests and communications made or filed by interested persons. Section 3. Based upon its review'of the Engineer's Report and other reports and information, the City Council hereby finds and determines that (i) the lands within the District will be benefited by the improvements described in Section 5 below, (ii) the District includes all of the lands so benefited, and (iii) the net amount to be assessed upon the lands within the District for Fiscal Year 2017-2018 in accordance with the Engineer's Report is apportioned by a formula and method which fairly distributes the net amount among all assessable lots and parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. All protests and objections to the levy and collection of the proposed assessment for the fiscal year commencing on July 1, 2017 and ending on June 30, 2018 are hereby overruled by the City Council. Section 4. The diagram and assessment in the Engineer's Report, as modified, as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed. Section 5. The City Council hereby orders the. proposed improvements to be made as described in the Engineer's Report, which improvements shall be performed pursuant to law, and which are briefly described as follows: The installation, maintenance and servicing of existing and previously proposed landscaping and appurtenant facilities within parks and landscaped areas within public rights-of-way and City owned properties in the City of Lynwood. Such improvements include the maintenance and operation of sidewalks, streets, and water, flood control and drainage systems, specifically the maintenance and operation of landscaping and appurtenant facilities in and along streets and sidewalks, the maintenance and operation of parks, including appurtenant facilities, which serve as natural retention and drainage systems as required by the area's Master Storm Drain Plan, and the maintenance and operation of landscaped areas adjacent to and previously proposed water well sites; and the installation of previously proposed landscaping and appurtenant facilities within parks and landscaped areas within public rights-of-way and City -owned property in the City which have been paid or are to be paid from the proceeds of revenue bonds. Section 6. The assessment is in compliance with provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. Section 7. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in Section 5 above during Fiscal Year 2017- 2018. Section 8. The County Auditor of Los Angeles County shall enter on the County Assessments Roll opposite each lot or parcel of land the amount of the assessment and such assessments shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the assessments, after deduction of any compensation due the County for collection, shall be paid to the City Treasurer. Section 9. Public property owned by any public agency and in use in the performance of a public function and which is included within the District shall not be 4 subject to assessments pursuant to the Act for any of the costs and expenses of any of the improvements. Section 10. The City Treasurer shall deposit all monies representing assessments collected by the County to the credit of a special fund for the District and such monies shall be expended only for the improvements described in Section 5 above. Section 11. The adoption of this Resolution constitutes . the levy of an assessment for the Fiscal Year commencing July 1, 2017 and ending June 30, 2018. Section 12. A certified copy of the diagram and assessment shall be filed in the office of the City Engineer, with a duplicate copy on file in the office of the City Clerk and open for public inspection. Section 13. The Lynwood Landscape Maintenance Assessment for Fiscal Year 2017-2018 shall be $1.90 per foot of front footage for residentially and commercially zoned properties. Section 14. Any shortfall may be covered by the General Fund per City Council direction until such time as Council duly approves an increase. Section 15. The City Clerk is hereby authorized and directed to forthwith file a certified copy of said diagram and assessment with the County Auditor, together with a certified copy of this Resolution. Section 16. This resolution shall take effect immediately upon its adoption. Section 17. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 18th day of July, 2017. Maria T. Santillan-Beas Mayor ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: Noel Tapia City Attorney Alma K. Martinez City Manager APPROVED AS TO CONTENT: Raul Godinez II, P.E. Director of Public Works / City Engineer STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated Dated .this day of City Clerk, City of Lynwood "M IPMM "M A B C D E EXHIBIT A YNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT OUNDARY MAP 2017-L YNV' UIN For information on lines and dimensions of each lot of parcel, refer to to Plan 2017-L and the Los Angeles County Assessor's Maps on file with the City Engineer. All publicly owned properties are assessment exempt from the District. kk lit Ilk k6- hw 1. NOi TO SCALE Of '61.40 City of o. LtAO ~° YNWOOD L I- I B C D MIMI z 3 M z 4 E:- ATTACHMENT,B RESOLUTION NO. 2017.086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT REGARDING THE LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT, AS REQUIRED BY THE LANDSCAPING AND LIGHTING ACT OF 1972 (PART TWO OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA), FOR FISCAL YEAR 2017-2018 WHEREAS, the City Council of the City of Lynwood, on August 1, 1978, adopted Resolution No. 78-78 ordering the formation of the Lynwood Landscape Maintenance Assessment District; and WHEREAS, there are no proposed new improvements or any substantial changes in existing improvements listed in Resolution 78-73 which was adopted on July 18, 1978; and WHEREAS, Section 22500 et. seq. of the Streets and Highways Code requires that an annual report regarding the Assessment District be prepared and filed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the City Engineer is hereby ordered to prepare and file a report in relation to said Assessment District, all in accordance with Part 2, Division 15 of the Streets and Highways Code of the State of California. Section 2. This Resolution shall be effective immediately upon its adoption. Section 3. The City Clerk shall certify as to the adoption of this City Council Resolution., PASSED, APPROVED and ADOPTED on this 16th day of May, 2017. Maria T. Santillan-Beas, Mayor ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: N". -J ( ' Noel Tapia, City Atto ney 6 APPROVED AS TO CONTENT: i � v AI a K. Martin ity Manager LS�LRWA-r— Raul Godinez II, P. Director Director Public ofWorks/ City Engineer ATTACHMENT C RESOLUTION NO. 2017.095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE ENGINEER'S REPORT PREPARED PURSUANT TO CALIFORNIA STREETS AND HIGHWAYS CODE, SECTION 22565 ET SEQ., AS ORDERED BY THE CITY COUNCIL ON MAY 16, 2017, RELATING TO THE LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT WHEREAS, the City Council on May 16, 2017, adopted Resolution No. 2017- 086, ordering the City Engineer to make and file with the City Clerk, a report in writing in accordance with the requirements of Streets and Highways Code, Section 22565 et. seq.; and WHEREAS, the City Engineer has made and filed said report with the City Clerk and the City Clerk has presented said report to this City Council for consideration. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council has considered said report as filed and is hereby approved. Section 2. Said report, including any plans, specifications, estimates of costs and expenses, diagram and assessments shall be placed on file in the office of the City Clerk and may be examined by any interested persons. Section 3. This Resolution shall be effective immediately upon its adoption. Section 4. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED and ADOPTED on this 20th day of June, 2017. Maria T. Santillan-Beas, Mayor ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Noel Tapia, City Attorney 2 APPROVED AS TO CONTENT: Alma 'K. Martinez, City Manager Raul Godinez II, P.E Director of Public Works/City Engineer STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 20th day of June, 2017. AYES: COUNCIL MEMBERS ALATORRE, CASTRO, HERNANDEZ, MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS NOES: NONE ABSENT: NONE ABSTAIN: NONE Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2017.095 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 20th day of June, 2017. Maria Quinonez, City Clerk 3 ATTACHMENT RESOLUTION NO. 2017.096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, DECLARING ITS INTENTION TO ORDER THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2017-2018 WITHIN THE LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (COMMENCING WITH STREETS AND HIGHWAYS CODE SECTION 22500 ET SECS.) AND FIXING THE TIME AND PLACE FOR HEARING PROTESTS AND OBJECTIONS AS JULY 18, 2017 WHEREAS, the City Council has ordered and the City Engineer has prepared and filed a report in writing containing all matters required by the City Council under Streets and Highways Code, Section 22565, et seq.; and WHEREAS, said report has been presented to the City Council for consideration and has been received and approved. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Pursuant to the Landscaping and Lighting Act of 1972, commencing with Streets and Highways Code Section 22500 et seq., the City Council of the City of Lynwood hereby declares its intention to order the levy and collection of assessments against the assessable lots and parcels of land within an existing assessment district designated "Lynwood Landscape Maintenance Assessment District ("District") for fiscal year 2017-2018 to pay for the costs of those existing and previously proposed improvements described as: "The installation, maintenance, and servicing of existing and previously proposed landscaping and appurtenant facilities within parks and landscaped areas within public rights-of-way and City owned property in the City of Lynwood. Such improvements include the maintenance and operation of sidewalks, streets, and water, flood control and drainage systems, specifically the maintenance and operation of landscaping and appurtenant facilities in and along streets and sidewalks, the maintenance and operation of parks, including appurtenant facilities, which serve as natural retention and drainage systems as required by the area's Master Storm Drain . Plan, and the maintenance and operation of landscaped areas adjacent to and appurtenant to water well sites; and the installation of previously proposed landscaping and appurtenant facilities within parks and .landscaped areas within public rights-of-way and City -owned property in the City which have been paid or are to be paid from the proceeds of revenue bonds." The boundaries of the District are conterminous with the boundaries of the City of Lynwood as shown on the map identified as Assessment District Map No. 2017-L on file in the office of the City Engineer. Section 2. Reference is hereby made to the report of the Engineer approved by the City Council on June 20, 2017, by a resolution, and on file in the office of the City Clerk, describing the improvements made, the maintenance and servicing thereof, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District., Section 3. Notice is hereby given that on July 18, 2017, at the hour of 6:00 p.m., in the Council Chambers of City Hall, 11330 Bullis Road, Lynwood, California, is the date, hour and place fixed for the hearing of protests and objections by the City Council to the levy and collection of the proposed assessments (existing rates) against the lots and parcels of land.within the District for fiscal year 2017-2018. Any and all persons having any protest or objection to the proposed improvements, the extent of the assessment district, or the levy and collection of the proposed assessments may appear before the City Council at said hearing and show cause why said improvements should not be carried out and the proposed assessment and diagram confirmed, all in accordance with this Resolution of Intent and the report of the City Engineer. Prior to the conclusion of the hearing, any interested person may file a written protest with the City Clerk, or, having previously filed a protest, may file a written withdrawal of protest. A written protest shall state all grounds of objection. A protest by a property owner shall contain a description sufficient to identify the property owned by him. All interested persons shall be afforded the opportunity to hear and be heard. The City Council shall consider all oral statements and written protests or communications made or filed by an interested person. Section 4. The City Clerk is hereby directed to cause notice of the passage of this resolution to be given at the time and place in the form and manner provided by law. Section 5. The proposed assessment rate for fiscal year 2017-2018 will remain the same and is $1.90 per foot frontage for residential and commercial properties. Section 6. This Resolution shall be effective immediately upon its adoption. Section 7. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED and ADOPTED on this 20th day of June, 2017. Maria T. Santillan-Beas, Mayor E ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Noel Tapia, City Attorney 3 APPROVED AS TO CONTENT: Alma K. Martinez, City Manager Raul Godinez II, P.E Director of Public Works/City Engineer STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 20th day of June, 2017. AYES: COUNCIL MEMBERS ALATORRE, CASTRO, HERNANDEZ, MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAWBEAS NOES: NONE ABSENT: NONE ABSTAIN: NONE Maria Quinonez, City Clerk STATE OF CALIFORNIA ) -) SS. COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2017.096 -on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 20th day of June, 2017. Maria Quinonez,. City Clerk 4 ATTACHMENT E I 07 S T !-'0 1 - m ff *" .1 N, I � = 10': 1 ME � I] �L i-' I ON,; I � L61 % Pursuant to the LANDSCAPING AND LIGHTING ACT OF 1972 (DIVISION 15, PART 2) STREETS AND HIGHWAYS CODE STATE OF CALIFORNIA Prepared by: Danny Chow, P.E. Charles Abbott Associates, Inc. 27401 Los Altos, Suite 220 Mission Viejo, CA 92691 Reviewed by: Raul Godinez II, P.E. Director of Public Works/City Engineer City of Lynwood 11330 Bullis Road Lynwood, California 90262 June 6, 2017 C"'PITY OF LYNWOOD r, 2 THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY HALL, LYNWOOD, CALIFORNIA LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT Pursuant to Resolution No. 2017-086 adopted by your Honorable Body on May 16, 2017, the Engineer's Report has been prepared and submitted. ENGINEER'S REPORT This Engineer's Report is required by the Landscaping and Lighting Act of 1972 (being Division 15, Part 2, Streets and Highways Code of the State of California). The Report contemplates the levying of an assessment to provide funds necessary to construct, install, maintain and service sidewalks, streets, and water, flood control and drainage systems and appurtenant facilities within the Lynwood Landscape Maintenance Assessment District ("District"). The assessment will be levied against those parcels of land within said District benefiting from the improvements, as required by law. Proper construction, installation, maintenance and servicing of median islands, retention basins, street trees and other landscaped facilities provide an esthetically pleasing environment, air purification and sound attenuation. Proper maintenance of such landscaping also provides for the efficient operations of streets, sidewalks, water, flood control and drainage systems throughout the City. It enhances the overall quality of life and desirability of an area, thereby enhancing the value of each and every parcel in the District. Since the street trees and medians are evenly distributed along the public streets and other landscaped facilities are evenly distributed throughout the District, all properties within the District are located within .a single zone. The front footage of each benefited property is used as the base for distributing the overall costs in proportion to the estimated benefits to be received by each assessable parcel from the improvements. Pursuant to the Landscaping and Lighting Act of 1972, it is required that an Engineer's Report be prepared and filed with the City Clerk, who in turn presents it to the City Council for its consideration. This Engineer's Report consists of the following: A diagram of the District, showing the exterior boundaries of the District, is attached hereto as Exhibit "A" and is incorporated herein by reference. Reference is made to the Los Angeles County Assessor's Maps for Fiscal Year (FY) 2016-2017 for a detailed description on the lines and dimensions of any lots or parcels within the District. W111 "El It, The Lynwood Landscape Maintenance Assessment District was formed and assessments first levied in 1978 following the passage of Resolution No. 78-78 by the City Council. The plans and specifications for the improvements within the District are on file with the Director of Public Works/City Engineer and are incorporated herein by reference. Landscape Maintenance for FY 2017-2018 includes maintenance and servicing of the following improvements: LYNWOOD CITY PARK (29 acres) Mowing, edging, weeding, irrigation, restroom maintenance, painting, fence repair, and trash pick-up. BURKE - HAM PARK (10 acres) Mowing, edging, weeding, irrigation, restroom maintenance, painting, fence repair and trash pick-up. LOS AMIGOS PARK (1.75 acres) Mowing, edging, weeding, irrigation, painting, fence repair and trash pick-up. Jame 6, 2017 ADOLFO MEDINA PARI( (2.4 acres) Mowing, edging, weeding, irrigation, painting, fence repair and trash pick-up. ROSE PARK (1.5 acres) Mowing, edging, weeding, irrigation, painting, fence repair and trash pick-up. CARNATION PARK (1.5 acres) Mowing, edging, weeding, irrigation, painting, fence repair and trash pick-up. POCKET PARKS 4 -SITES (.6 acre) Regrading, weeding, graffiti removal, trash pick-up. CIVIC CENTER PARK (.18 acre) Weeding, trash pick-up, irrigation, and mowing. STREET MEDIANS bowing, edging, irrigation, trash pick-up and eradicating pests_ • Long Beach Boulevard, 74,646 square feet • State Street, 170,000 square feet • Imperial Highway, 37,740 square feet • Atlantic Avenue, 94,472 square feet • Hulme Avenue 2,160 square feet • Lilita Avenue 1,620 square feet • Carlin Avenue 1,530 square feet • Los Flores Boulevard, 36,800 square feet • Flower Street 36,800 square feet • Bullis Road, 3,888 square feet •Santa Fe Avenue, 3,000 square feet WATER WELLS (Five locations, 10,750 square feet) Mowing, edging, weeding and irrigation. LINEAR PARK (6.8 acres) Mowing, edging, weeding irrigation, restroom maintenance, painting, fence repair and trash pick-up. TREE TRIMMING Two-year cycle general tree trimming, and in-house light tree trimming and emergency response services. 3. ESTIMATE OF COST: Maintenance and Servicing Costs Taking into consideration the current economic constraints and resulting current fiscal budgetary policies, a conservative projected estimate of the water, electrical energy, operation and maintenance costs with respect to the District (including incidental expenses) for the one-year period beginning July 1, 2017 and ending June 30, 2018, is as follows: Landscape Maintenance.- A. aintenance: A. Personnel $ 1,032,313 S. Maintenance & Operations $ 143,971 C. Tree Maintenance $ 327,700 TOTAL COST $ 1,503,984 Capital Improvement Costs There was a considerable need in capital improvement projects in the District. The public interest and safety required that these projects be constructed on an expedited basis. The cost of such capital improvements exceeded the amount that could be conveniently raised in a single assessment. Pursuant to Section 22662 (b) of the Landscaping and Lighting Act of 1972, the City of Lynwood entered into an agreement whereby the District received an advance of $2,467,850 from the City of Lynwood for deposit to the improvement fund. Such advance is to be repaid to the City through the levy and collection of annual assessments for these improvements over a period of twenty (20) years commencing with FY 1992-1993, and is proposed to continue until the loan is paid. With the 2003 bond refinancing, the annual installment is $238,450. Commencing FY 2015-2016 this installment will no longer apply. Total Estimated Costs The total amount to be assessed with respect to the District for FY 2017-2018, consisting of the maintenance and servicing costs and the annual installment for the capital improvement cost discussed above, plus the estimated balance from FY 2016-17 is as follows: FY 2017-2018 ASSESSMENT Maintenance and Servicing Costs $ (1,503,984) Annual Installment (Revenue Bonds) - Total Cost (1,503,984) Estimated FY16-17 Balance (Exhibit B) (372,380) Total Liability (Total Cost Less Balance) (1,876,364) Estimated Revenue & Amount to Be Assessed at No Change in Foot Frontage (FF) Rate 1,069,024 Transfer- In Estimate - Other Revenue Estimate 10,125 Estimated Balance at End of FY 2017-2018 $ (797,215) K l, WIN NN"I 4. ASSESSMENT OF ESTIMATED COST: There are approximately 10,046 parcels of residential and commercial properties within the District with approximately 562,644 front footage (FF), excluding parcels of public property which are not assessed for the costs of improvements. Total Front Footage Rate Estimated Assessment revenue 562,644.02 FF $1.90/FF $1,069,023.64 5. LANDSCAPE DISTRICT FUND BALANCE: If the District rates remain the same for FY 2017-2018, the estimated year-end balance will be at a deficit in the amount of ($797,215). At this time, the assessment rates for the City's Landscape District will remain the same. S. ALTERNATIVES TO FUND THE DISTRICT: Assessments for the Lynwood Landscape Maintenance Assessment District have not been adjusted since FY1998-1999, at which time the rates were decreased from $1.97 FF to $1.90 FF for both residential and commercial. Energy cost and maintenance costs have increased over the last 20 -years and yet the assessment rates have remained the same. As such, the Landscape Maintenance Assessment District no longer collects sufficient funds to adequately fund its operations. Over the last several years the General Fund has subsidized the Landscape Maintenance Assessment District's operations; the General Fund can no longer afford to subsidize the District. As such, it is recommended that the City Council consider implementing a plan to increase the assessment rates. The Proposition 218 process would need to start this FY 2017-2018, so that fee adjustments can be considered for implementation starting in FY 2018-2019. At this time it is also recommended that District rates remain the same for FY 2017-2018. 7. ASSESSMENT ROLL Jure S, 2017 In compliance with the Landscaping and Lighting Act of 1972, copies of the County Assessor's Map and the County Tax Collector's tax rolls were used in this Engineer's Report. The assessment roll, for each parcel of land therein, shows the legal description; the County Assessors code numbers; the assessable front footage used in calculating the assessment against the parcels and the total net assessment levied against the parcels for FY 2017-2018. The assessment roll is on file in the Office of the City Engineer and is incorporated herein by reference. The foregoing Engineer's Report, which includes BOUNDARY MAP NO. 2017-L, the ASSESSMENT ROLL and the ESTIMATE OF COSTS, is presented herewith for your approval by resolution. Dated this 6th day of June, 2017. Respectfully, Raul Godinez fl, E. City Engineer City of Lynwood Prepared by: Danny Chow, P.E. Charles Abbott Associates, Inc. 27401 Los Altos, Suite 220 Mission Viejo, CA 92691 �Yt w��►� �,A�c � a�E r�a�r4MENUNc� Far into at#an on lines an �timairs€ons of each Icat of parol, refer to to P€an X17 end the Lars ngm€es ty Awes o a Mads an file �— — "sits iha pity rr€naer A€ dub€iGy �nerned p ies a assessment i 14:41i flab=: LYNWOOD LANDSCAPE ASSESSMENT DISTRICT ESTIMATE OF COSTS & FUND BALANCE ANALYSIS FISCAL YEAR 2015-2016 FISCAL YEAR 2016-2017 FISCAL YEAR 2017-2018 STATUS ACTUAL YEAR END ESTIMATE BUDGET ESTIMATE BEGINNING FUND BALANCE $ 108,958 $ (88,277) $ 372,380 LANDSCAPE ASSESSMENT 1,069,956 1,041,069 1,069,024 INTEREST & PENALTIES 10,125 8,223 10,125 TAX REDEMPTION - 22,217 - TRANSFER -IN - - - LANDSCAPE MAINTENANCE COST (1,277,316) 1,355,612 1,503,984 CIP - - - DEBT SERVICES FUND BALANCE $ 88,277 $ 372,380 $ 797,215 LYNWOOD PRESS WAVE 3731 WILSHIRE BLVD STE 840, LOS ANGELES, CA 90010 Telephone (323) 556-5720 / Fax (213) 835-0584 Laura M. Ochoa CITY OF LYNWOOD CITY/PUBLIC WORKS 11750 ALAMEDA ST LYNWOOD, CA - 90262 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California I ) County of LOS ANGELES )SS Notice Type: GPN - GOVT PUBLIC NOTICE Ad Description: RESOLUTION NO. 2017.096 I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the LYNWOOD PRESS WAVE, a newspaper published in the English language in the city of LYNWOOD, county of LOS ANGELES, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of LOS ANGELES, State of California, under date 02/27/1933, Case No. LBC -5394. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 06/29/2017 Executed on: 06/29/2017 At Los Angeles, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature ATTACHMENT F This space for filing stamp only LYN #: 3025085 RESOLUTION NO. 2017.096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, DECLARING ITS INTENTION TO ORDER THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2017.2018 WITHIN THE LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (COMMENCING WITH STREETS AND HIGHWAYS CODE SECTION 22500 ET SEC.) AND FDUNG THE TIME AND PLACE FOR HEARING PROTESTS AND OBJECTIONS AS JULY 18, 2017 WHEREAS, the City Council has ordered and the City Engineer has prepared and filed a report in writing containing all matters required by the City Council under Streets and Highways Code, Section 22565, et seq.; and WHEREAS, said report has been presented to the City Council for consideration and has been received and approved. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Pursuant to the Landscaping and Lighting Act of 1972, commencing with Streets and Highways Code Section 22500 at seq., the City Council of the City of Lynwood hereby declares its intention to order the levy and collection of assessments against the assessable lots and parcels of land within an existing assessment district designated "Lynwood Landscape Maintenance Assessment District ("District") for fiscal year 2017-2018 to pay for the Posts of those existing and 'previously proposed improvements described as: "The installation, maintenance, and servicing of existing and previously proposed landscaping and appurtenant facilities within parks and landscaped areas within public rights-of-way and City owned property in the City of Lynwood. Such improvements include the maintenance and operation of sidewalks, streets, and water, flood control and drainage systems, specifically the maintenance and operation of landscaping and appurtenant facilities in and along streets and sidewalks, the maintenance and operation of parks, including appurtenant facilities, which serve as natural retention and drainage systems as required by the area's Master Storm Drain Plan, and the maintenance and operation of landscaped areas adjacent to and appurtenant to water well sites; and the installation of previously proposed landscaping and appurtenant facilities within parks and landscaped areas within public rights-of-way and City -owned property in the City. which have been paid or are to be paid from the proceeds of revenue bonds." The boundaries of the District are conterminous with the boundaries of the City of Lynwood as shown on the map identified as Assessment District Map No. 2017-L on file in the office of the City Engineer. Section 2. Reference is hereby made to the report of the Engineer approved by the City Council on June 20. 2017by a resolution, and on file in the office of the City Clerk, describing the improvements made, the maintenance and servicing thereof, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. Section 3. Notice is hereby given that on July 18. 2017, at the hour of 6:00 p.m., in the Council Chambers of City Hall, 11330 Bullis Road, Lynwood, California, is the date, hour and place fixed for the hearing of protests and objections by the City Council to the levy and collection of the proposed assessments (existing rates) against the lots and parcels of land within the District for fiscal year 2017-2018. Any and all persons having any protest or objection to the proposed improvements, the extent of the assessment district, or the levy and collection of the proposed assessments may appear before the City Council at said hearing and show cause why said improvements should not be carried out and the proposed assessment and diagram confirmed, all in accordance with this Resolution of Intent and the report of the City Engineer. Prior to the conclusion of the hearing, any interested person may file a written protest with the City Clerk, or, having previously filed a protest, may file a written withdrawal of protest. A written protest shall state all grounds of objection. A protest by a property owner shall contain a description sufficient to identify the property owned by him. All interested persons shall be afforded the opportunity to hear and be heard. The City Council shall consider all oral statements and written protests or communications made or filed by an interested person. Section 4. The City Clerk is hereby directed to cause notice of the passage of this resolution to be given at the time and place in the form and manner provided by law. Section 5. The proposed assessment rate for fiscal year 2017-2018 will remain the same and is $1.90 per foot frontage for residential and commercial properties. Section 6. This Resolution shall be effective immediately upon its adoption. Section 7. The City Clerk shall certify as to the ado this City Council Resolution. PASSED, APPROVED and ADOPTED on this 20' day of June, 2017. Maria T. Santillan-Beas, Mayor /S/ ATTEST: Maria Quinonez, City Clerk /S/ APPROVED AS TO FORM: APPROVED AS TO CONTENT: Noel Tapia, City Attorney Alma K. Martinez, City Manager /S/ Raul Godinez II, RE Director of Public Works/City Engineer /S/ STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 20 -day of June, 2017. AYES: COUNCIL MEMBERS ALATORRE, CASTRO, HERNANDEZ, MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS NOES: NONE ABSENT: NONE ABSTAIN: NONE Maria Quinonez, City Clerk /S/ STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS. I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2017.096 on file in my office and that said Resolution was adopted on the dgte and by the vote therein stated. Dated this 20 day of June, 2017. Maria Quinonez, City Clerk /S/ 6/29/17 LYN-3025085# LYNWOOD PRESS WAVE � sL17'II;YNi � A� AGENDA STAFF REPORT ��cervn*11� DATE: July 18, 2017 TO: Honorable Mayor and Members oft e City Council AF APPROVED BY: Alma K. Martinez, City Manag 1�fy PREPARED BY: Andre Dupret, Interim Director of Development, Compliance and Enforcement Services Albert Armijo, Interim Planning Manager SUBJECT: Notice of Statutory Exemption General Plan Amendment No. 2017-01 Zone Change (ZC) No. 2017-01 Recommendation: The Planning Commission recommends that the City Council conduct a public hearing regarding General Plan Amendment No. 2017-01 and Zone Change No. 2017-01, and: 1. FIND that General Plan Amendment No. 2017-01 and Zone Change No. 2017-01 qualify as exemptions in accordance with CEQA Guidelines, Section 15303(e) — New Construction of Conversion of Small Structures. This exemption (Class 1) consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination; and 2. ADOPT Resolution No. approving General Plan Amendment No. 2017- 01, for amending the General Plan by changing the land use designation for the subject property from Commercial to Single -Family Residential; and 3. ADOPT Ordinance No. thereby approving Zone Change No. 2017-01 Project Description: The proposed project, referenced to as the First Landmark Missionary Baptist Church, located at 3158 Martin Luther King, Jr. Boulevard, consists of the following: 1) change the General Plan land use designation from C-3 (Heavy Commercial) to R-1 (Single -Family Residential); and zone of a designated Heavy Commercial use to Single -Family Residential to accommodate a proposed church; 2) change the zoning designation from C-3 (Heavy Commercial) to R-1 (Single -Family Residential; 3) approve a Conditional Use Permit to allow the proposed church in the newly -proposed R-1 Zone; and 4) approve a Major Variance to allow a reduction in the minimum parking space dimensions a reduction in the required minimum width of the drive -aisle for a proposed church in a proposed R-1 Zone. The proposed church would occupy a vacant 1,824 square foot building. The church use would include a 414 -square foot worship area (assembly area), a common area, a waiting area, table storage room, file storage room, restrooms and a wide aisle way. Also proposed are exterior painting improvements and a sign on the building indicating "First Landmark Missionary Baptist Church." Background: On February 25, 1952, a permit was issued by the City of Lynwood to construct a 20x35 foot (700 square feet) commercial structure on the site. There are no building permits on record with the City on how the original 700 square foot structure has increased to become a 1,824 square foot building today. In 1988 City records show that the building was utilized as a bar but was closed down by the City due to negative effects (including noise and parking issues) on the single-family residential neighborhood to the south. On May 9, 2017, the City of Lynwood Planning Commission deliberated the subject General Plan Amendment and Zone Change, together with the applicant's Conditional Use Permit that would allow establishment of a church on the project site and allow the requested Variance to parking standards for parking stall dimensions and drive aisle width and approved the General Plan Amendment, Zone Change, Conditional Use Permit and Variance. The General Plan Amendment would change the land use designation on the property from C-3 (Heavy Commercial) to R-1 (Single -Family Residential). The Zone Change would change the property's zoning designation from C-3 (Heavy Commercial) to R-1 (Single -Family Residential). The Conditional Use Permit allowed the proposed church in the newly -proposed R-1 Zone. The Major Variance allowed a reduction in the minimum parking space dimensions and a reduction in the required minimum width of the drive -aisle for the proposed church. The following persons spoke in behalf of the proposed project: Mike Olsen, Pastor; Veronica Cortez; Hector Hernandez; Alex Landeros; and, Ms. Bishop. In addition, the Applicant presented 60 letters of support for the proposed project (reference Attachment 4.)The Planning Commission unanimously approved the Conditional Use Permit and Major Variance and recommended the City Council approve the requested General Plan Amendment and Zone Change. The City Council conducted a public hearing on the proposed General Plan Amendment and Zone Change on July 5, 2017. At the public hearing two persons (Carmen Colin and Christina Llamas) provided testimony against the proposed project, based on perceived parking impacts to the adjacent single-family residential neighborhood on Osgood and Pastor Mike Olsen spoke in favor of the proposed project. Staff responded- to concerns about potential parking impacts on the adjacent residential neighborhood and indicated the small numbers in the congregation (approximately 20 adults) would translate to fewer demand for vehicular parking. In addition, staff noted that the site was parked according to Zoning Code standards (one space for every three fixed seats), that parking spaces were available along the adjacent section of Martin Luther King Jr. Boulevard, and that there was space immediately across Osgood from the project site. Furthermore, converting the empty building to a church use would enhance the aesthetic appearance of the building (refer to the attached photographs) by removing graffiti and painting the structure, and by lessening the chances that the homeless population would inhabit the property. In short, establishing the proposed church use would, in staff's opinion, prove beneficial to the City and neighborhood in various ways. The City Council vote ended in a 2-2 tie and therefore did not take final action to deny the project. As a result, Councilmember Castro requested staff to bring the project back to the Council on July 18. The City Attorney subsequently determined this was appropriate. Existing Conditions: The following Table indicates existing and proposed City of Lynwood General Plan and zoning information about the proposed project site and adjacent parcels. Table 1 — General Plan and Zoning Information D�rect�a Ct�rrec�t Propose Currar►t Proposed Currerrtroposed nGse d General General 5 Zoning01 /ts4!f f ottrng f r ;Platt: T North Multi- In City of Southgate Family Residence s South Single- No R-1 (Single- No Change R-1 (Single- No Change Family Change Family Family Home Residential) Residential) East Restaurant No C-3 No Change C-3 (Heavy No Change Change (Commercial Commercial West Vacant Lot, No C-3 No Change C-3 (Heavy No Change Vehicle Change (Commercial Commercial Storage ) Project Vacant, Church C-3 R-1 C-3 (Heavy R-1 Site previously (Commercial (Single- Commercial (Single - a bar ) Family ) Family Residential Residential As indicated in Table 1, the proposed project site is bordered to the north by Martin Luther King Jr. Boulevard and multi -family residences in the City of Southgate beyond; to the south by a single-family residence; to the east by Osgood Avenue and a restaurant beyond; and to the west by a vacant lot currently used for vehicle storage. The project site is separated from its adjacent non -roadway neighboring properties to the west and south by a six-foot tall masonry wall. Landscaping on the project site is comprised of three trees along the eastern masonry wall. A fifteen -foot wide sidewalk extends the length of the proposed project site adjacent to Martin Luther King Jr. Boulevard and a 10 - foot wide sidewalk extends the eastern length of the proposed project site adjacent to Osgood Avenue. In addition to the six parking spaces on the project site (which complies with City code requirements for one space for every three fixed seats), there are approximately 12 parking spaces available along the south side of Martin Luther King Jr. Boulevard within approximately 250 feet of the proposed project site and space available for four automobiles along the east side of Osgood in the Commercial zoning district directly across Osgood from the Project site. Additional on -street parking is available along the north side of Martin Luther King Jr. Boulevard directly across the street from the Project site. Furthermore, Planning staff will search for, and identify, available sites near the subject property that could be made available for leased parking. Photographs of the proposed project site and vicinity are attached (reference Attachment 3) to this Staff Report. California Environmental Quality Act: The proposed project is Categorically Exempt from California Environmental Quality Act (CEQA) requirements under provisions of CEQA Guidelines Section 15301- Existing Facilities. This exemption (Class 1) consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. General Plan Amendment: The Lynwood General Plan is considered the constitution for all future development in the City. It is meant to express the community's goals and sets forth policies and implementation measures to achieve them for the general welfare of all. The Land Use Element, which is one of the seven State -required topical elements (Land Use; Housing; Circulation; Noise; Public Safety; Open Space; and, Conservation) of any General Plan, provides land use designations that dictate the pattern of development within the City. State law requires that any local decision affecting land uses and development must conform to a city's general plan. As a result, a General Plan consistency finding is included in resolutions for any discretionary approval regarding land uses and development that comes before the Planning Commission and City Council. Staff supports the proposed General Plan Amendment (GPA). The GPA would enable establishment of a beneficial community use in what is now, and has been for some time, a vacant building. In addition, the proposed GPA is not precedent -setting in that the project vicinity contains a mix of residential (single-family and multi -family) and commercial uses. To approve the requested General Plan Amendment, the decision-making body(ies) must be able to make the following Findings, as indicated in the City Zoning Code. Staff has provided brief statements, according to each Finding, in support of the proposed General Plan Amendment. General Plan Amendment Required Findings A. That the proposed amendment is in the public interest and that there will be a community benefit resulting from the amendment Approval of the proposed General Plan Amendment will enable establishment of a beneficial community use in what is now, and has been for some time, a vacant building, and unused property. In addition, the proposed church use is an appropriate low -impact use adjacent to a single-family neighborhood due to its primary access and visibility being from Martin Luther King Jr. Boulevard. B. That the proposed amendment is consistent with the goals, policies, and objectives of the General Plan Establishment of a religious institutional use achieves the General Plan Goals of providing a balanced and functional mix of land uses, which takes advantage of the unique position of Lynwood in relation to the region. In addition, the proposed church use would fulfill the City's goal of planning for new patterns of land uses which complement the overall character of existing uses, and which offer opportunities for compatible development of vacant and underutilized parcels. As stated previously, the proposed project site is vacant. Also, establishment of a church on the property would ensure that adjacent residential uses to the south would be protected from an incompatible land use such as those that may accompany the existing Commercial land use designation. This would avoid a negative impact on the residential environment in that church worship services would occur on Sundays and Wednesdays, whereas commercial use of the property could occur as often as every day and extend into the evening hours. C. That the proposed amendment will not conflict with provisions of this zoning code, subdivision regulations, or any applicable specific plan Land Use Element Policy LU -12 provides that non-residential land uses may be allowed in all residential designations. Church/religious uses are allowed within the R-1 zone, but precluded within the C-3 zone. The proposed project site is not included within the study of any specific plan or subject to subdivision regulations. D. In the event that the proposed amendment is a change to the land use policy map, that the amendment will not adversely affect surrounding properties The proposed General Plan Amendment will not adversely affect surrounding properties. The Assembly area of the church will contain only 18 fixed seats; therefore, the congregation is small and will not entail high vehicle traffic. Worship services will occur only on Sundays from 9:00 am to 12:00 pm and Wednesdays from 7:00 pm to 8:30 pm. In addition to the six parking spaces on the project site (which complies with City code requirements for one space for every three fixed seats), there are approximately 12 parking spaces available along the south side of Martin Luther King Jr. Boulevard within approximately 250 feet of the proposed project site and space available for four automobiles along the east side of Osgood in the Commercial zoning district directly across Osgood from the Project site. Additional on -street parking is available along the north side of Martin Luther King Jr. Boulevard directly across the street from the Project site. Access to the project site will be via Martin Luther King Jr. Boulevard and egress will be via Osgood. Zone Change: A. That the proposed amendment is consistent with the goals, policies, and objectives of the general plan As indicated above, the proposed General Plan Amendment is consistent with the City General Plan Goal of establishing a balance of land uses that functions to provide benefit for the Lynwood community. Also, establishment of a church use would improve the now vacant property without conflicting with the overall character of land uses in the vicinity of the proposed project site. The proposed Zone Change would extend the adjacent Single - Family Residential zone to Martin Luther King Jr. Boulevard, which is the case along the majority of the Boulevard, within the City of Lynwood to the east of the proposed project site across Long Beach Boulevard. B. That a proposed zone change will not adversely affect surrounding properties The proposed church use will not adversely affect surrounding properties in that the congregation is small, as indicated on plans for only 18 fixed seats. Worship services will occur only on Sundays and Wednesdays. Access to the proposed project site is via Martin Luther King Jr. Boulevard. Parking lot lighting is not intrusive onto adjacent residential properties (reference Conditional Use Permit Condition of Approval 22). Fiscal Impact: There are no negative fiscal impacts. Coordinated With: Not applicable. Attachments: 1. Resolution No. 2017 - 2. Ordinance No. 3. Site and Area Photographs 4. Letters in Support of Project Attachment #1 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, APPROVING AN AMENDMENT TO THE GENERAL PLAN FOR CHANGING A COMMERCIAL LAND USE DESIGNATION TO SINGLE-FAMILY RESIDENTIAL (GPA 2017-01) SECTION 1. FINDINGS: WHEREAS, Alex Landeros, on behalf of First Landmark Missionary Baptist Church, has filed an application for approval of GPA 2017-01, requesting an amendment to the General Plan. The requested amendment is to change the land use for property located at 3158 Martin Luther King Jr. Boulevard from Commercial to Single -Family Residential. WHEREAS, there is hereby imposed on the associated development project certain fees, dedications, reservations and other exactions pursuant to State law and City ordinances; and WHEREAS, pursuant to Government Code Section 6620(d)(1), NOTICE IS HEREBY GIVEN that the associated development projects are subject to certain fees, dedications, reservations and other exactions as provided herein; and, WHEREAS, on May 9, 2017, the Planning Commission of the City of Lynwood held a meeting to consider a General Plan Amendment (GPA 2017-01). At said meeting, the Planning Commission recommended approval of General Plan Amendment GPA 2017-01 to the City Council; and, WHEREAS, on July 5, 2017, the City Council of the City of Lynwood held a public hearing to consider the subject General Plan Amendment; and, WHEREAS, on July 18, 2017, the City Council of the City of Lynwood held a public hearing to consider the subject General Plan Amendment; and, WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; and, WHEREAS, all of the facts set forth in this Resolution are true and correct. BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, HEREBY FINDS AS FOLLOWS WITH RESPECT TO GPA 2017-01: Based upon substantial evidence presented during the above-mentioned public hearing, including written and oral staff reports, and the record from the public hearing, the City Council hereby finds that: The proposed general plan amendment is in the public interest and that there will be a community benefit resulting from the amendment. FACT: Approval of the proposed General Plan Amendment will enable establishment of a beneficial community use in what is now, and has been for some time, a vacant building and unused property. In addition, the proposed church use is an appropriate low -impact use adjacent to a single-family neighborhood due to its primary access and visibility being from Martin Luther King Jr. Boulevard. 2. The proposed amendment is consistent with the goals, policies, and objectives of the General Plan. FACT: Establishment of a religious institutional use achieves the General Plan Goals of providing a balanced and functional mix of land uses, which takes advantage of the unique position of Lynwood in relation to the region. In addition, the proposed church use would fulfill the City's goal of planning for new patterns of land uses which complement the overall character of existing uses, and which offer opportunities for compatible development of vacant and underutilized parcels. As stated previously, the proposed project site is vacant. Also, establishment of a church on the property would ensure that adjacent residential uses to the south would be protected from an incompatible land use such as those that may accompany the existing Commercial land use designation. This would avoid a negative impact on the residential environment in that church worship services would occur on Sundays and Wednesdays, whereas commercial use of the property could occur as often as every day and extend into the evening hours. 3. The proposed amendment will not conflict with provisions of this zoning code, subdivision regulations, or any applicable specific plan. FACT: Land Use Element Policy LU -12 provides that non-residential land uses may be allowed in all residential designations. Church/religious uses are allowed within the R-1 zone, but precluded within the C-3 zone. The proposed project site is not included within the study of any specific plan or subject to subdivision regulations. 4. In the event that the proposed amendment is a change to the land use policy map, that the amendment will not adversely affect surrounding properties. FACT: The proposed General Plan Amendment will not adversely affect surrounding properties. The Assembly area of the church will contain only 18 fixed seats; therefore, the congregation is small and will not entail high vehicle traffic. Worship services will occur only on Sundays and Wednesdays. In addition to the six parking spaces on the project site (which complies with City code requirements for one space for every three fixed seats), there are approximately 12 parking spaces available along the south side of Martin Luther King Jr. Boulevard within approximately 250 feet of the proposed project site and space available for four automobiles along the east side of Osgood in the Commercial zoning district directly across Osgood from the Project site. Additional on -street parking is available along the north side of Martin Luther King Jr. Boulevard directly across the street from the Project site. This available parking will lessen the possibility of parishioners parking their vehicles along Osgood in the residential neighborhood south of the project site. Access to the project site will be via Martin Luther King Jr. Boulevard and egress will be via Osgood. SECTION 2. GENERAL PLAN AMENDED: The General Plan shall be amended to incorporate the following: CHANGE OF LAND USE DESIGNATION FOR PROPERTY AT 3158 MARTIN LUTHER KING JR. BOULEVARD AND IDENTIFIED AS ASSESSOR PARCEL NUMBER 6170-029-001 FROM COMMERCIAL TO SINGLE-FAMILY RESIDENTIAL Intensity — The maximum allowable residential density is 7 dwelling units per acre. Non-residential uses allowable in residential districts are subject to individual site review by the City Planning staff Allowed Uses — Certain non-residential uses are considered to be compatible with residential uses and may be allowed in any residential district. The Single -Family Residential designation allows for "places of worship." Location Criteria — This land use is designed to be located in neighborhoods that are generally protected from adverse characteristics such as major street corridors, industrial uses and other higher intensity uses. BE IT FURTHER RESOLVED that the City Council of the City of Lynwood HEREBY APPROVES Resolution No. 2017- approving GPA 2017-01, thereby amendinty the General Plan as described in the Resolution. APPROVED AND ADOPTED this 18t day of July 2017. Maria Teresa Santillan-Beas, Mayor ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Noel Tapia, City Attorney STATE OF CALIFORNIA COUNTY OF LOS ANGELES APPROVED AS TO CONTENT: Alma K. Martinez, City Manager I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 18th day of July 2017, and passed by the following votes: AYES: NOES: ABSTAIN: ABSENT: Maria Quinonez, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2017- is on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated 18th day of July 2017. Maria Quinonez, City Clerk Attachment #2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, APPROVING ZONE CHANGE NO. 2017-01 AT 3158 MARTIN LUTHER KING JR. BOULEVARD, FURTHER DESCRIBED AS ASSESSOR'S PARCEL NUMBER 6170-029-001, FROM C-3 (HEAVY COMMERCIAL) TO R-1 (SINGLE-FAMILY RESIDENTIAL) WHEREAS, the Lynwood Planning Commission, pursuant to law, on May 9, 2017, conducted a duly noticed public hearing and adopted Resolution No. 3373 recommending approval of Zoning Ordinance Amendment No. 2017-01 to the City Council of the City of Lynwood; and WHEREAS, the land use prescribed in Zone Change No. 2017-01 is compatible with the uses authorized in, and the regulations prescribed for, the Single -Family Residential land use district in which the property is located, including any policy plan overlay applicable to the property; and WHEREAS, the proposed zoning implements the General Plan's policies and goals for orderly development that is adequately supported by public infrastructure and services; and WHEREAS, per Chapter 25, Article 115 of the Lynwood Municipal Code, a Zone Change must be approved by the City Council; and WHEREAS, the City Council, pursuant to law, on July 5, 2017, conducted a duly noticed public hearing and considered all pertinent testimony offered at the public hearing; and WHEREAS, on July 18, 2017, the City Council of the City of Lynwood held a public hearing to consider the subject Zone Change; and, WHEREAS, before considering approval of this project, the City Council found that the project is exempt from the California Environmental Quality Act pursuant to Section 15301 of CEQA Guidelines (Existing Facilities). NOW THEREFORE, the City Council of the City of Lynwood hereby ordains as follows: Section 1: Purpose and Authority The purpose of this Ordinance is to amend the City of Lynwood Zoning Map as shown on the attached Exhibit A, incorporated herein by this reference. Section 2: Enactment of New Zoning The City Council hereby amends the City of Lynwood Zoning Map for Assessor's Parcel Number 6170-029-001, as shown on Exhibit A, incorporated herein by this reference, on the basis of the following findings: Finding: Pursuant to Section 65860(a) of the California Government Code and pursuant to Section 25-115-4 of the City of Lynwood Zoning Code, the rezone must be consistent with the goals, policies and objectives of the City General Plan Evidence: The proposed General Plan Amendment is consistent with the City General Plan Goal of establishing a balance of land uses that functions to provide benefit for the Lynwood community. Also, establishment of a church use would improve the now vacant property without conflicting with the overall character of land uses in the vicinity of the proposed project site. The proposed Zone Change would extend the adjacent Single -Family Residential zone to Martin Luther King Jr. Boulevard, which is the case along the majority of the Boulevard, within the City of Lynwood to the east of the proposed project site across Long Beach Boulevard. Findinq: Pursuant to Section 25-115-4 of the City of Lynwood Zoning Code, the rezone will not adversely affect surrounding properties. Evidence: The proposed church use will not adversely affect surrounding properties in that the congregation is small, as indicated on plans for only 18 fixed seats. Worship services will occur only on Sundays and Wednesdays. Access to the proposed project site is via Martin Luther King Jr. Boulevard. Parking lot lighting is not intrusive onto adjacent residential properties. Section 3: No Mandatory Duty of Care This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care toward persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 4: Severability Should any section or provision of this Ordinance or any Ordinance pertaining to the companion applications identified as Conditional Use Permit No. 2017-01 and Major Variance No. 2017-01 be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of this Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Section 5: Effective Date The effective date of this Ordinance shall be upon approval by the City Council of the City of Lynwood, California. Section 6: Repealer All conflicting ordinances and conditions are hereby repealed and replaced with this Ordinance, No. 3373. Section 7. The City Clerk shall certify to the adoption of this City Ordinance and cause it to be published as required by law. First read at a regular meeting of the City Council held on the 18th day of July 2017, and adopted and ordered published at a regular meeting of said Council held on the 18th day of July 2017. PASSED, APPROVED and ADOPTED this 18th day of July 2017. ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Noel Tapia, City Attorney Maria T. Santillan-Beas, Mayor APPROVED AS TO CONTENT: Alma K. Martinez, City Manager STATE OF CALIFORNIA COUNTY OF LOS ANGELES I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Ordinance was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 18th day of July 2017, and passed by the following votes: AYES: NOES: ABSTAIN: ABSENT: Maria Quinonez, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Ordinance No. is on file in my office, and that said Ordinance was adopted on the date any by the vote therein stated. Dated this 18th day of July, 2017. Maria Quinonez, City Clerk Attachment #3 s .. � OSGOOD,;;;o e A y�� "I r `1 Attachment #4 Date,5 -3- C) reside at ---2 V-' vi Uy " and i am in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative -experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. ank you, Fechao Yo, a del dornicilio estoy en acuerdo de perrnitirle a First Landmark Missionary Church una exception de estacionarnentoe Tubineos urea rnuy mala experienciai cora el negocio anterior, y nos da gusto saber que una cantina sera rernplasada cora una iglesiam Yo entiendo que I .aiglesia operara por tres horns los Domingos y una hora los Miercoles, Gracias, ®ate ':C7) and i am In full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative -experience with the prior business at this location, and we are happy that a bar is being replaced by a church. l understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank. you, Fecha• y®➢ . del domicilio estoy en acuerdo de permitirle a First. Landmark Missionary Church una excepcion de estacionamento. Tubirnos urea muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Vo entiendo que I .aiglesia operara por tres horas los ®omingos y una hora los Miercoles. Gracias, Date: 1, 17-v k\r,C` � �'r`�` � reside at I x-16 1j,v `� N and I am in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative- experience with the prior business at this location, and we are happy that a bar is being replaced by a church. l understand that'the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, Fecha: Yo, , del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una exception de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con. una iglesia. Yo entiendo que I aiglesia operara por tres horns los Domingos y una hora los Miercoles. Gracias, Date: reside at 1 O YOS SILT: , and I arra in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative -experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. a k you, Fechao Yo, , del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I .aiglesia operara por ties horas los Domingos y una hora los Miercoles. Gracias, Date: 1, �S eside at 33 Hce and I am in full support of grant! "First Landmark Missionary Baptist Church" a parking variance. We had such a negative experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, Fechaa Yo, . del domicilid estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamento. Tublmos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I aiglesia operara por tres horas los Domingos y una h®ra los Miercoles. Cracias, Date: 1 ��� [` reside at \} nd I am in full support of granting "First landmark Missionary Baptist Church" a parking variance. We had such a negative- experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours or! Sunday and one hour on Wednesday./ ank Fecha° Yo, , del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con e negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que-I aiglesia operara por tres horas los Domingos y una kora los Miercoles. Graclas, Date: 15/ '5 / l. -j GV)YinO Civ I- reside at 3 l C7 � �� � Of"� and I arra in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative-, experience with the prior business at this location, and we are happy that a bar is being replaced by a church. understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, 2 os Fecha: Yo, n del dornicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una exception de estacionarnento. Tubirnos una rnuy mala experiencia con el negocio anterior; y nos da gusto saber que una cantina sera rernplasada con una iglesia. Yo entiendo que I .aigiesia operara por tres horas los ®omingos y una kora los Miercoles. Gracias, Date - l_ reside at V 1 l i g T � - � , , � c-�..�✓'�and 0 am in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative- experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, COlYIa 1.01 Fecha: Yo, ,del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I aiglesia operara por tres horas los Domingos y una hora los Mlierc®les. Graciras, Date: reside at l �1°-Z 1���, �,and I am in full support bf granting "First Landmark Missionary Bapti6 Church" a parking variance. We had such a negative- experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, L�R Fecha• Yo, . del domicilio estoy en acuerdo de.permitirle a First Landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I.aiglesla operara por tres horas los Domingos y una hora los Miercoles. Gracias, Date: I'AM r.rL.�11 — reside at a-GS L oia— ct s and I am in full support of granting "First Landmark Missionary Baptist Church" a parking variance, We had such a negative -experience with the prior business at this location, and we are happy that a bar is being replaced by a church. understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank LL- Fecha: Yo, del dornicilio estoy en acuerdb de permitirle a First Landmark Missionary Church una exception de estacionamento. Tubirnos una muy mala experiencia con el negoclo anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I .aiglesia operara por Cres horas los Domingos y una hora los Miercoles. Gracias, Date: le reside at and I am in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative -experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, Fecha•a- yo, � C"'k `— . del domicilio x-11 Io > (o-rz estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. yo entiendo que I .aiglesla operara por tres horas los ®omingos y una hora los Miercoles. Date: 1, reside at and 1 am in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative -experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, Fecha:.5--, �-1� Yo, � � " " c r-, del domicilio J4 Irk LO 5 S estoy en acuerdo A permitirle a First Landmark Missionary Church una exception de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una 1glesia. Yo entiendo que I .aiglesia operara por tres horas los Domingos y una hora los Miercoles. Date: 11Freside at and I am in full support of granting ""First Landmark Missionary Baptist Church" a parking variance. We had such a negative experience with the prior business at this location, and we are happy that a bar is being replaced by a church. l understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, Fecha: 6` L" � Yo, ,�no U, -L4 /e . del domicilio LK—J-Ijj� . estoy en acuerdo de permitirle a First Landmark Missionary Church una exception de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I alglesia operara por tres horas los Domingos y una hora los Mierc®les. Gracgas, ."-Z, Date: 1, reside at and I am in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative- experience with the prior business at this location, and we are happy that a bar is being replaced by a church. l understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, Yo,-. �- , del domicilio lol $q ��11'[Oi�l `� estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I .aiglesia operara por tres horas los Domingos y una hora los Miercoles. Gracias, Date: I, reside at and I am in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative, experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thahk you, Fecha: G Yo, _ � c ,`5 g del domicilio LLf�lelyq estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I aiglesia operara por tree horas los Domingos y una hora los Mierc®les. Gracias, Date: 4- 2--17- r - �01b a reside at �q 7 (�h�' ��® � �� and I am in full O �! support of granting ""First Landmark Missionary Baptist Church" a parking variance. We had such a negative- experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, � Izk mft-V � Fecha- Yo, . del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I aiglesia operara por tres horas los Domingos y una horn los Mierc®les. Gracias, Date: ,3 i i, ��rrgp Alfrlf16!�- reside at �)qa-cl LX51--1OPK "'- and I am in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative- experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, Fecha• Yo, . del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I aiglesia operara por tree horas los Domingos y una hora los Miercoles. Gracias, Date: S- - I . reside at 2 56 r Gs( r-'lay-z�c and I am in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative- experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, i Fecha: Yo, . del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que .I .aiglesia operara por tres horas los ®omingos y una hora los Miercoles. Gracias, Date: I, reside at and I am in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative -experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, FechaS'3- Yo, :fi c�fyh . del domicilio ITG' Lo? If Lore % estoy en acuerdo de permitirle a First Landmark Missionary Church una exception de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I aiglesia operara por tres horas los ®omingos y una hora los Miercoles. Gracias, ®ate° 3- a - n l' ALreside at Q I . r l d and I am in full support of granting "First Landmark Missionary B` ptist Church" a parking variance. We had such a negative- experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. T a k you, Fecha• Yo, , del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con el negoclo anterior, y nos da gusto saber que una cantina sera remplasada con urea iglesia. Yo entiendo que I .alglesia operara por tres horas los ®omingos y una hora los Miercoles. Gracias, Date:` , " 1 i I, reside at [01 qQ and I am in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative -experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one Fecha• Yo, . del domicilio estoy en acu.erdo de permitirle a First Landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una igiesia. Yo entiendo que I.alglesia operara por tres horas los Domingos y una hora los Miercoles. Gracias, Date: reside at �C and I am in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative- experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, Fecha: Yo, , del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una exception de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I .aiglesia operara por tree horas los Domingos y una hora los Miercoles. Gracias, Date. �r1 reside at _C D1 B O S C�O 0� and I am in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative- experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, Fecha: Yo, . del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos. da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I .alglesia operara por tres horas los Domingos y una hora los Miercoles. Gracias, Date: s-'3- in I, reside at UJ and I am in full support of granting "First Landmark Missionary Bjaptist Church" a parking variance. We had such a negative -experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, Fecha: Yo, . del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una exception de estacionamento. Tubimos una rnuy mala experiencia c®n el negocio anterior, y nos da gust® saber que una cantina sera remplasada con una iglesia. Yo entiendo que I .aiglesia operara par tres horns los ®omingos y una hora los Mierc®les. Gracias, Date: 5� 3' V) 9, reside at and I am in full C! support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative -experience with the prior business at this location, and we are happy that a bar is being replaced by a church. understand that the church will operate for three hours on Sunday and one hour on Wednesday. nil Fecha: Yo, . del domicillo estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I .alglesia operara por tree horas los Domingos y una hora los Miercoles. Gracias, Date: > I, -VA Ic.r i u 0. reside at 101 0 S and I arse in full support of granting "First Landmark Missiona ap ist Church" a parking variance. We had such a negative, experience with the prior business at this location, and we are happy that a bar is being replaced by a church. understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, �2ri q Fecha• Yo, , del domicilio estoy en acuerdo de perrnitirle a First Landmark Missionary Church una excepcion de estacionamento. Tublmos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglegia. Yo entiendo que I .aiglesia operara por tres horas los Domingos y una hora los Miercoles. Gracias, Date: S, l - � -1 . reside at 'Wry -e, 44 and I am in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative- experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, Fecha• Yo, del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una exception de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I .aiglesia operara por tres horns los ®omingos y una hora los Miercoles. Gracias, Date: I, reside at f, and I am in Ball support of granting "First landmark Missionary Baptist Church" a parking variance. We had such a negative experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, Fecha•`�'3' l' Yo, r'4 ___,del domicilio 107410 � jc S� estoy en acuerdo de permitirle a First landmark Missionary Church una exception de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I aiglesia operara por tree horas los ®omingos y una hora los Miercoles. Gracias, Date: S `3' 1I reside at `�� I�� dV� and I am in full support of geahting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you Fechao Yo, , del domicilio estoy era acuerdo de permitirle a First Landmark (Missionary Church una exception de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I aiglesia operara por tres horas los Domingos y una kora los Miercoles. Gracias, Date: B, rt��«cam �� ►� ``�I v� reside at V77 � '� `��-� ('.�O and I am in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, Fecha° Yo, . del dornicilio estoy en acuerdo de perrnitirle a First Landmark Missionary Church una excepcion de estacionarnento. Tubirnos una rnuy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesoa. Yo entiendo que I aiglesia operara por tres horas los Domingos y una kora los Miercoles. Gracias, Date: Sr - L� I, ���ri� ��"�^�� reside at �� �.av v� and I am in full support of granting •°First Landmark Missionary Baptist Church" a parking variance. We had such a negative experience with the prior business at this location, and we are happy that a bar is being replaced by a church. understand that the church will operate for three hours on Sunday and one hour on Wednesday. Tha you, Fecha• Yo, , del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I aiglesia operara por tres horas los Domingos y una hora los Miercoles. Gracias, Date: ,a rAA-VI -1 0� 1, C-/\ fL reside at -Ii(JI C'`�U���ow 5� - and I am in full support of granting `First Landmark Missionary Baptist Church"` a parking variance. We had such a negative experience with the prior business at this location, and we are happy that a bar is being replaced by a church. i understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, LW&LV(�- - — - Fecha• Yo, , del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamentoa Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con Una iglesiam Yo entiendo que l aiglesia operara por tres horns los Domingos y una bora los Miercolesm Gracias, Date: I, reside at ��� and I am in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Th you, Fecha: Yo, ➢ del domicili® estoy en acuerdo de permitirle a First landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I aiglesia operara por Cres horas los Domingos y una hora los Miercoles. Gracias, Date: S I,POO-QAZside at and I am in full support of granting `°First Landmark Missionary Baptist Church" a parking variance. We had such a negative experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank yo L- Fecha: Yo, , del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I aiglesia operara por tres horas los ®omingos y_una kora los Miercoles. Gracias, Date: reside at e $ d l am in full support of grantln °°First Landmark Missionary Baptist Church" a parking variance. We had such a negative experience with the prior business at this location, and we are happy that a bar is being replaced by a church. l understand that the church will operate for three hours on Sunday and one hour on Wednesday. Tha you, Fecha° Yo, n del domicillo estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamentoa Tubimos una away mala experiencia con el negocio anterior, y nos da gusto sager que una cantina sera remplasada corp una iglesiaa Yo entlendo que l alglesia operara por.tres horas los ®omingos y una horn los Mlercoleso Gracias, Date: S ' ( . reside at 0 � I i C, C) 'I� anel 9 nrn in fell support of granting "First Landmark Missionary Waptist Church" a parking variance. We had such a negative- experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Tha you, Fecha: Yo, ® del domicilio _ estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionarnento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que 1.alglesia operara por tres horas los Domingos y una horn los Miercoles. Gracias, ®ate: 1, reside at and I am in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative -experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, Fecha: -�-'l-l-A del domicilio 10114 r2f)O estoy en acuerdo de permitirle a First Landmark Missionary Chu r una excepcion de estacionamento. Tubimos una muy mala experiencia con el negocio. anterior, y nos da gusto saber que una cantina sera remplasada con una 1glesia. Yo entiendo que I aiglesia operara por tree horas los ®orningos y una hora los Miercoles. Gracias, Date: 5.3 _ 1, - ���j®'G reside at 101 ?' -I C7� and I ars in full support of granting "First Landmark Missionary B tist Church" a parking variance. We had such a negative- experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, Fecha• Yo, n del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una 1glesia. Yo entiendo que I .aiglesia operara por Cres horas los Domingos y una hora los Miercoles. Gracias, Date: _ 601I„ lci reside at 0 and I am in full support of granting "First Landmark Missionary tist Church" a parking variance. We had such a negative experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, Fecha: Yo, . del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo 4,ue I aigiesia operara por tres horas los ®omingos y una hora los Miercoles. Gracias, Date: 9, l dirS reside at and I am in full support of granting "First Landmark Missions aptist Church" a parking variance. We had such a negative- experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank Fecha: Yo, , del domicilio estoy en acuerdo de permitirle a First landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que 1 ziglesia operara por Cres. horas los ®omingos y una hora los Miercoles. Gracias, Date: 5c�1l� , *r.G�tvZ?, G -� Z _ reside at 10196 0 '-�6''f' and I am in full support of granting "First landmark Missionary Baptist Church" a parking variance. We had such a negative- experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, Fecha: Yo, . del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que .I .aiglesia operara por tres horas los Domingos y una kora los Miercoles. Gracias, Date: 1, UYV reside at M110 5W&y and 1 am in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative -experience with.the prior business at this location, and we are happy that a bar is being replaced by a church. 1 understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, Fechao Yo, . del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionarnento. Tubimos una rnuy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I .aiglesia operara por tres horas los Domingos y una hora los Miercoles. Gracias, Date: Ib1�3 9, reside at kJ �( �6 and I am in full support of granting "`First Landmark Missionary Baptist Church" a parking variance. We -had such a negative experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, Fecha: Yo, , del domicillo estoy en acuerdo de permitirle a First Landmark Missionary Church una exception de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I aiglesia operara por tres horas los Domingos y una hora los Miercoles. Gracias, Date:y'� I, A,�Zz,,:��—�resade at'% ���,y , and I am in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Th nk you, Fecham Yo, o del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada, con una iglesia. Yo entiendo que I aiglesia operara por tres horas los Domingos y una kora ios Miercoles. Gracias, 0 Date: 1, 0 OCA"L at 0 and I arra in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative experience with the prior business at this location, and we are happy that a bar is being replaced by a church. understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, <11�t� ��� Fecha: Yo, . del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una exception de estacionarnento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I aiglesia operara por tres horas los Dorningos y una horn los Miercoles. Gracias, Date: S - --)-- - t i I, �aO CSS reside at W -7--�1 �ICIV16wRV, and l am in full support of granting "First Landmark (Missionary Baptist Church" a parking variance. We had such a negative experience with the prior business at this- location, hinlocation, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Th you, Fecha: Yo, . del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I alglesia operara por tres horas los ®omingos y una kora los IMiercoles. Cracias, Date:,'5`� ` (-\ 8, 7—irmancto / reside at/o 11/ 871-/dw 4�- and I am in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Fechao Yo, . del domicilio estoy en acuerdo de permitirle a First landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una 1glesia. Yo entiendo que I aiglesia operara por tres horas los Domingos y una hora los Miercoles. Gracias, Date: I, reside at and I am in Ball support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative experience with the prior business at this location, and we are happy that a bar is being replaced by a church. understand that the church will operate.for three hours on Sunday and one hour on Wednesday. Thank you, Fecha:`�` Yo, dr Xz del domicilio estoy en acuerdo he permitirle a First Landmark Missionary Church una excepcion de esfacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I aiglesia operara por tree horas los ®omingos y una kora los Mierc®les. Date: S .3 � I, reside at j 0-7 (OqOS�Qod 0 and I am in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative experience with the prior business at this location, and we are happy that a bar is being replaced by a church. understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, e Q -e r-(! z-- Fecha• Yo, , del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una exception de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I aiglesia operara por tree horas los ®omingos y una horn los Miercoles. Gracias, Date: 'S- I, reside at t; o Im OSAOdO and 1 am in full support of granting "'First Landmark Missionary Baptist Church" a parking variance. We had such a negative experience with the prior business at this location, and we are happy that a bar is being replaced by a church. understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, Fechao Yo, , del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I aiglesia operara por tres horas los Domingos y una kora los Mierc®les. Graclas, Date: S- I' I, reside atf_()) �Oq Ossa and I am in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative- experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, S -k 7fnn ^ reL Fecha: Yo, , del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I aiglesia operara por tres horas los Domingos y una hora los Mierc®les. Gracias, Date: I, reside at and I am in full support of granting „First Landmark Missionary Baptist Church" a parking variance. We had such a negative- experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, B Fechaa , C— Cq Yo, D del domicilio _�� � � (�S�c estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamento. Tublmos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que l.aiglesia operara por tres horas los ®omingos y una horn los Miercoles. Gracias, Date. � z-\-� I, reside at I.Oq OCJ 0600� and I am in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative- experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one Fecha• Yo, . del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I aiglesia operara por tree horas los Domingos y una hora ios Mierc®les, Graclas, ? Date: '� ' �� 1, Al U QOIY- �+CA reside at IDI N =(X) aIle , and I am in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, w -rr- Fecha• Yo, , del domicilio estoy ern acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionarnento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera rernplasada con una iglesia. Yo entiendo que I aiglesia operara por tree horas los Domingos y una hora los Mierc®les. Gracias, Date. 5' ' LA I, r Iside at � if I am in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative, experience with the prior business at this location, and we are happy that a bar is being replaced by a church. understand that the church will operate for three hours on Sunday and one hour on Wednesday. Fecha: Yo, . del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de esfacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera rernplasada con una iglesia. Yo entiendo que I aiglesia operara por tres horas los Domingos y una hora los Mierc®les. Gracoas, Date: 5-'2 - I 1, R2l5ca 9 t ^ M i& i Z reside at I® -I S2 Slcdc 54- and I am in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative- experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, Fechao Yo, , del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una exception de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I aiglesia operara por Cres horas los Domingos y una hora los Mierc®les. Gracias, Date: J ` 1�^ 17 I, d&g� reside at I DLy 5ta+f Sf and I am in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative- experience with the prior- business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thahkyou -&0 V � Fecha: Yo, I.J114Mt del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamentom Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesiaa Yo entiendo que I aiglesia operara por tres horas los ®omingos y una kora los Miercoles, Graci4s, At V U v Date: 1, reside at and I am in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative experience with the prior business at this location, and we are happy that a bar is being replaced by a church. l understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, Fecha�.)- IC7 Yo 2v del domicilio esto o y en acuerdo de permitirle a First Landmark Missionary Church una exception de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I .aiglesia operara por tres horas los Dorningos y una hora los Miercoles. Gra ' ,) Date: 5 reside at l� S 114:r, y��ce and I arra in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative- experience with the prior business at this location, and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, Fecha• Yo, . del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entlendo que I.aiglesia operara por tree horas los ®omingos y una hora los Mierc®les. Gracias, Date: -e 1Y -\AU: 1011, l CN reside at �P%'S r 1 Wl3�nd I am in full support of grating "First landmark Missionary Baptist Church's a parking variance. We had such a negative -experience with the prior business at this location; and we are happy that a bar is being replaced by a church. I understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, Fecha• Yo, , del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I _aigiesia operara por tres horas los Domingos y una hora los Miercoles. Gracias, Date: 5, -D. � t —1 - I, 5 �Y-k C a v- cLtrtgs de at D- le S 1 e r •,,j n.-,, 0 and I am in full support of granting "First Landmark Missionary Baptist Church" a parking variance. We had such a negative -experience with the prior business at this location, and we are happy that a bar is being replaced by a church. understand that the church will operate for three hours on Sunday and one hour on Wednesday. Thank you, Fechao Yo, . del domicilio estoy en acuerdo de permitirle a First Landmark Missionary Church una excepcion de estacionamento. Tubimos una muy mala experiencia con el negocio anterior, y nos da gusto saber que una cantina sera remplasada con una iglesia. Yo entiendo que I .algiesia operara por tres horas los Domingos y una hora los Miercoles. Gracias, { j AGENDA STAFF REPORT a DATE: July 18, 2017 TO: Honorable Mayor and Members of t e City Council APPROVED BY: Alma K. Martinez, City Manag PREPARED BY: Maria Quinonez, City Clerk Lourdes Morales, Interim Deputy City Clerk blq SUBJECT: Lynwood City Council Minutes Recommendation: Staff recommends the Lynwood City Council approve the following minutes: • Special Meeting — July 5, 2017 • Regular Meeting - July 5, 2017 Background: N/A Discussion & Analysis: N/A Fiscal Impact: N/A Coordinated With: N/A AAGEJ D� A tIEM LYNWOOD CITY COUNCIL SPECIAL MEETING MINUTES JULY 5, 2017 Item #1. CALL TO ORDER The City Council of the City of Lynwood met in a special meeting in the Council Chambers, 11330 Bullis Road, Lynwood, CA on the above date at 5:00 p.m. Mayor Santillan-Beas presiding. Item #2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK City Clerk Quinonez announced the agenda had been duly posted in accordance with the Brown Act. Item #3. ROLL CALL OF COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS CASTRO, MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS ABSENT: COUNCIL MEMBERS ALATORRE AND HERNANDEZ City Clerk Quinonez announced Council Member Alatorre's arrival at 5:01 p.m. STAFF PRESENT: City Manager Martinez, City Attorney Tapia and City Clerk Quinonez. STAFF ABSENT: City Treasurer Camacho and Deputy City Treasurer Harding Item #4. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was postponed to the regular meeting at 6:00 p.m. Item #5. INVOCATION The invocation was postponed to the regular meeting at 6:00 p.m. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) 101 [Q ill I CLOSED SESSION City Attorney Tapia led the City Council into closed session. Lynwood City Council Special Meeting Minutes —July 5, 2017 Case No. 14-120907 was not considered. ADJOURNMENT Having no further discussion, it was moved by Mayor Pro Tem Solache, seconded by Council Member Castro to adjourn the special Lynwood City Council meeting at 6:07 p.m. Motion carried by unanimous consent. Maria T. Santillan-Bess, Mayor Maria Quinonez, City Clerk 3 LYNWOOD CITY COUNCIL REGULAR MEETING MINUTES July 5, 2017 Item #1. CALL TO ORDER The City Council of the City of Lynwood met in a regular meeting in the Council Chambers, 11330 Bullis Road, Lynwood, CA on the above date at 6:07 p.m. Mayor Santillan-Beas presiding. Item #2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK City Clerk Quinonez announced the agenda had been duly posted in accordance with the Brown Act. Item #3. ROLL CALL OF COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ALATORRE, CASTRO, MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS ABSENT: COUNCIL MEMBER HERNANDEZ STAFF PRESENT: City Manager Martinez, City Attorney Tapia, City Clerk Quinonez and Deputy City Treasurer Harding. Item #4 PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Solache. Item #5. INVOCATION The invocation was offered by City Clerk Quinonez. Item #6. PRESENTATIONS/PROCLAMATIONS • Sheriff Captain Carter — Update on Law Enforcement Issues Captain Carter reported on a successful Public Safety Dinner and commented on the collaboration with the Public Works Department in removing a transient encampment on Thorson Avenue. Additionally, Captain Carter reported on conducting an illegal fireworks sting operation resulting in the confiscation of $2,000 worth of illegal fireworks and the issuance of two citations. The Captain also reported on a successful Citywide Fourth of July event without any incidents, addressing loud noise complaints and effectively shutting down illegal marijuana dispensaries. Council Member Castro complimented the Captain on his staff's response to illegal fireworks calls and expressed concerns with illegal fireworks which damaged her property. Council Member Castro stated she was in favor of retaining certain traditions Lynwood City Council Regular Meeting Minutes—July 5, 2017 and celebrating the Fourth of July; however, she articulated her support to ban fireworks and asked Captain Carted whether they would experience difficulty in enforcing new fireworks laws in the future. Captain Carter stated he would research the matter and provide a more concise response at a later time. Mayor Pro Tem Solache commented on attending the Fireworks show in the City as a child and spoke on the consideration to ban the sale and use of Sane and Safe Fireworks. Mayor Pro Tem Solache requested residents to report offenders to the sheriffs in an effort to reduce illegal activity and impose city laws. Council Member Alatorre thanked the deputies for responding to illegal fireworks calls and stated he was opened to discuss a solution to combat illegal fireworks. Council Member Alatorre suggested imposing citations to property owners who set off illegal explosives and stated he looked forward to a report from the Captain on a resolution. Mayor Santillan-Beas stated that the City sponsored Fireworks Show is a great approach to celebrate the Fourth of July and is prepared to ban the sale and use of Sane and Safe Fireworks. The Mayor thanked Captain Carter for responding to calls during the holiday, and requested he survey surrounding cities and provide a report on their fireworks activities, in order to implement a method for celebrating America's Independence based on best practices in our neighboring communities. • City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)). There were no meetings reported. • Proclamation Recognizing Park & Recreation Month Recreation and Community Services Director Mark Flores presented a proclamation to participants of the various Recreational programs. • Plaza Mexico Housing Development City Manger Martinez introduced the Plaza Mexico Housing Development project. Council Member Castro clarified this presentation was based on a concept. Developer Edwin Sanderson from MD Properties provided the City Council with the background of this property and its progression. Victor Legorreta from Legorreta Architects provided a power point presentation with the objective to provide a blend of residential and commercial units while implementing an architectural concept that embraces a contemporary style with Hispanic origin. 0A Lynwood City Council Regular Meeting Minutes —July 5, 2017 Council Member Castro stated that environmental studies were conducted for this site and commented on the overall plan to revitalize the Long Beach Boulevard corridor while adding a housing element. Council Member Castro mentioned placing special requests as the project progressed, such as, giving preference to Lynwood residents in obtaining housing units, and expressed her desire to work alongside with Plaza Mexico. In addition, Council Member Castro encouraged the community to voice their concerns and requests to the developers and directed Plaza Mexico's developers to involve the community as well. Lastly, Council Member Castro commented on aspirations to do business with corporate chains. Council Member Alatorre questioned the number of housing units being proposed. Mayor Santillan-Beas answered 348 units were being proposed. Council Member Alatorre voiced his concerns with the economical discrepancies of Plaza Mexico and the lack of communication with the community throughout the development stages of this project. Council Member Alatorre expressed his support for this project's success, provided the soil was clean, and the project was completed as presented. Council Member Alatorre requested cooperation from the developers in obtaining community input via a public meeting. Mayor Pro Tem. Solache thanked Mr. Legorreta for his attendance and thanked staff for placing this proposed development on the agenda. He also acknowledged those involved who assisted with the cleanup of the site and communicated his satisfaction for the developers' consideration of Council's input to minimize the construction in the number of units. Mayor Pro Tem requested for all parties involved to continue the dialogue of this project, ensure all employees involved with this development receive prevailing wages, guarantee employment opportunities for Lynwood residents, and attract businesses that comply with the community's needs. Mayor Santillan-Beas echoed her colleagues' comments and requested the developers provide appropriate parking accommodations to satisfy the surrounding residents as well as visitors. The Mayor additionally requested a community meeting take place throughout this process and commented on the City Manager's willingness to address the businesses operating without a business license. Edwin Sanderson stated they have been sensitive and responsive to the comments and concerns voiced by the community and affirmed DTSC readiness to collaborate with the community to address any distress. Item #7. CITY OF LYNWOOD AS THE SUCCESSOR AGENCY TO THE LYNWOOD REDEVELOPMENT AGENCY MOTION: It was moved by Council Member Castro, seconded by Mayor Pro Tem Solache to recess to the City of Lynwood as the Successor Agency to the Lynwood Redevelopment Agency at 7:15 p.m. Motion carried by unanimous consent. The City Council reconvened to the regular City Council meeting at 7:16 p.m. 3 Lynwood City Council Regular Meeting Minutes—July 5, 2017 PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Jim Lissner expressed concerns relative to Item No. 12. NON -AGENDA PUBLIC ORAL COMMUNICATIONS Connie Rivera, Carolyn Oseguera, Julia, Claudia Fernandez, Citlalic, Javier, Jose Bojaques and Leticia de la Cruz, spoke in favor of the Plaza Mexico housing concept. Miguel Angel Rodriguez spoke in favor of the Plaza Mexico housing concept and commented on concerns regarding delayed business license certificates. Roberto Castro voiced his concerns regarding various issues relating to the housing development in Plaza Mexico. Maria Alvarado spoke in opposition to the Plaza Mexico housing concept. Santa Huerta commented on improperly receiving continuous parking citations for the same offense and requested the City wave the fees for the most recent citation. Isabel Rivera expressed concerns regarding unlicensed flower vendors near her business on the corner of Imperial Highway and Long Beach Boulevard and requested City Council enforce the. Municipal Code relating to unlawful sales. Anna spoke on safety concerns on her block. Joaquin Mesinas welcomed Noel Tapia for his appointment to serve as City Attorney, commented on the positive outcome of this year's budget, and requested parking matters, such as, larger parking spaces be considered during the construction of the proposed housing development near Plaza Mexico. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION Council Member Castro requested City Manager Martinez investigate HDL's delay in processing business licenses, announced that the former Helen Grace Chocolate Factory would be replaced by Harbor Freight Tools and requested an update from staff on the preferred parking program. Council Member Castro apologized to the business owners who were struggling with sales due to illegal street vending and reassured them the intent of the Long Beach Boulevard revitalization program was to attract larger crowds into the businesses around that location and to address parking concerns. Additionally, Council Member Castro requested a parking plan submitted by Plaza Mexico be placed on the agenda immediately for Councils review and consideration before moving forward with any additional projects for that site and commented on the availability of space for new residents/students. Council Member Alatorre spoke on questionable collaboration with Plaza Mexico's development since its initiation and indicated his willingness to work with them, moving 4 Lynwood City Council Regular Meeting Minutes—July 5, 2017 forward, so long as the work was conducted properly. Council Member Alatorre stated he would ensure the work was properly supervised. Mayor Pro Tem Solache mentioned his appreciation for the public's input on the new development and advised the community to also participate in speaking on agenda items. Mayor Pro Tem Solache also discussed the capacity of students the district wishes to meet and his interest to launch a restricted parking pilot program to address parking issues in Plaza Mexico during special events. Mayor Santillan-Beas commented on parking issues throughout the city and requested Plaza Mexico's involvement in addressing this concern. The Mayor stated she was opposed to converting garages into living quarters and expressed her interest in perusing unpermitted lodgings. Moreover, the Mayor encouraged residents to gather signatures and request permit parking on their street. Mayor Santillan-Beas addressed concerns regarding possible increase of crime due to the new development and stated she too was in favor of holding Plaza Mexico accountable during this new construction. PUBLIC HEARING Item #8. NOTICE OF STATUTORY EXEMPTION GENERAL PLAN AMENDMENT NO. 2017-01 ZONE CHANGE (ZC) NO. 2017-01 MOTION: It was moved by Council Member Castro, seconded by Mayor Pro Tem Solache to open the public hearing. Motion carried by unanimous consent. City Clerk Quinonez made a point of correction to this item which was originally listed under Consent Calendar and clarified that Item No. 8 was to be reflected as a Public Hearing item. City Clerk Quinonez also corrected the attached Resolution Number 3378 included in the staff report, to be appropriately renumbered upon approval. City Manager Martinez introduced the item. Interim Director of Development, Compliance & Enforcement Services Andre Dupret summarized the intent to amend the General Plan. Pastor Mike Olsen stated he was committed to collaborate with the community of Lynwood. Mayor Santillan-Beas asked Mr. Olsen to provide the expected number of attendees and the number of parking spaces. Pastor Olsen responded 15 to 20 people were expected to attend and Mr. Dupret answered there were 6 parking spaces available for this property. Council Member Alatorre inquired whether Pastor Olsen owned the building. Pastor Olsen clarified he was not the owner of the church, but the church would own the property. 5 Lynwood City Council Regular Meeting Minutes—July 5, 2017 Council Member Castro articulated her support in approving this item and requested the amount of signatures collected in favor of placing a church on this site. Interim Planning Manager Albert Armijo stated there was an estimated 25 to 30 signatures collected in support and advised there was additional curb side parking available on the south side of Martin Luther King Jr. Boulevard. Carmen Colin spoke in favor of Item No. 8 and requested the church respect its neighbors. Christina Llamas also spoke in favor of this item and requested parking matters be considered. MOTION: It was moved by Mayor Santillan-Beas, seconded by Council Member Alatorre to close the public hearing. Motion carried by the following vote: ROLL CALL: AYES: COUNCIL MEMBER CASTRO, MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS NOES: COUNCIL MEMBER ALATORRE ABSTAIN: NONE ABSENT: COUNCIL MEMBER HERNANDEZ City Attorney Tapia offered alternative language for option No. 3 of staff's recommendations of this item: "motion to approve first reading of Ordinance approving Zone Change No. 2017-01 and waive further reading of the Ordinance". MOTION: It was moved by Council Member Castro, seconded by Mayor Santillan-Beas to approve staff's recommendation and include the corrections stipulated by City Clerk Quinonez and City Attorney Tapia: ROLL CALL: AYES: COUNCIL MEMBER CASTRO AND MAYOR SANTILLAN-BEAS NOES: COUNCIL MEMBER ALATORRE AND MAYOR PRO TEM SOLACHE ABSTAIN: NONE ABSENT: COUNCIL MEMBER HERNANDEZ Item No. 8 was not approved. Council Member Castro expressed her desire to bring back this item for further consideration. 11 Lynwood City Council Regular Meeting Minutes—July 5, 2017 CONSENT CALENDAR Item No.'s 10, 12, 14 and 16 were pulled from the consent calendar for separate consideration as requested by Council Member Alatorre and Mayor Pro Tem Solache. MOTION: It was moved by Mayor Pro Tem Solache, seconded by Mayor Santillan-Bess to approve the balance of the consent calendar. Motion carried by the following vote: ROLL CALL: AYES: COUNCIL MEMBERS ALATORRE, CASTRO, MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER HERNANDEZ Item #9. APPROVAL OF THE WARRANT REGISTER RESOLUTION NO. 2017.125 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE Item #10. PROPOSED ENVIRONMENTAL CONSULTING AND REMEDIATION SERVICES BY TETRA TECH FOR THE 11600 LONG BEACH BLVD SITE AREA (Pulled) Council Member Alatorre requested staff provide reports and updates on this project. A representative from Tetra Tech presented the plan for the cleanup of this site. Council Member Castro asked City Attorney Tapia whether this item should have been placed under New and Old Business. Mayor Pro Tem Solache stated he was in favor of listing items under consent if it was legally acceptable. City Attorney Tapia clarified there was no legal requirement in placing new contracts under New and Old Business and it was the will of the City Council to place items as they best saw fit. MOTION: It was moved by Council Member Castro, seconded by Mayor Pro Tem Solache to approve the balance of the consent calendar. Motion carried by the following vote: 7 Lynwood City Council Regular Meeting Minutes —July 5, 2017 ROLL CALL: AYES: COUNCIL MEMBERS ALATORRE, CASTRO, MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER HERNANDEZ RESOLUTION NO. 2017.126 ENTITLED: A RESOLUTION OF THE CITY OF LYNWOOD CITY COUNCIL AUTHORIZING THE FIRST AMENDMENT AGREEMENT WITH TETRA TECH FOR ENVIRONMENTAL CONSULTING SERVICES RELATED TO THE PROPERTY LOCATED AT 11600 LONG BEACH BOULEVARD FOR A NOT TO EXCEED AMOUNT OF $288,500 AND AN APPROPRIATION FROM THE 11600 LONG BEACH SETTLEMENT ACCOUNT TO COVER COST OF SAID AMENDED AGREEMENT Item #11. REQUEST FOR AUTHORIZATION TO DISTRIBUTE REQUEST FOR PROPOSALS FOR PARKING METER INSTALLATION, MAINTENANCE, COLLECTION AND ENFORCEMENT SERVICES RESOLUTION NO. 2017.127 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, DIRECTING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS FOR PARKING METER INSTALLATION, MAINTENANCE COLLECTION AND ENFORCEMENT SERVICES Item #12. REDFLEX PHOTO RED LIGHT ENFORCEMENT PROGRAM — AGREEMENT RENEWAL (Pulled) MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Alatorre to deny staff's recommendation. MOTION: It was moved by Mayor Santillan-Beas, seconded by Council Member Castro to approve staff's recommendation. Mayor Santillan-Beas expressed her support of this item in an effort to alleviate congestion on major intersections. Mayor Pro Tem Solache voiced concerns regarding the costs associated with red light camera citations. Council Member Castro voiced concerns relevant to the percentage of non-residents vs. residents who are affected by the red light cameras and articulated her support of this item. MOTION: After discussion, it was moved by Council Member Castro, seconded by Mayor Santillan-Beas to table the item. Motion carried by the following vote: E3 Lynwood City Council Regular Meeting Minutes—July 5, 2017 ROLL CALL: AYES: COUNCIL MEMBER CASTRO AND MAYOR SANTILLAN-BEAS NOES: COUNCIL MEMBER ALATORRE AND MAYOR PRO TEM SOLACHE ABSTAIN: NONE ABSENT: COUNCIL MEMBER HERNANDEZ Item No. 12 was not approved. City Attorney Tapia stated this item could be brought back for consideration at any time. Mayor Santillan-Beas requested this item be placed on the agenda at the next meeting. Council Member Alatorre voiced his opposition to this item. Item #13. CONTINUING TEMPORARY STAFFING REQUEST — FINANCE & ADMINISTRATION RESOLUTION NO. 2017.128 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXTEND THE MEMORANDUM OF UNDERSTANDING (MOU) WITH KEY FINANCE PROFESSIONALS ON AN INTERIM BASIS THROUGH DECEMBER 2017 Item #14. APPROVAL OF AN AGREEMENT WITH INFRASTRUCTURE ENGINEERS TO PROVIDE INTERIM STAFFING AND ENGINEERING MANAGEMENT SERVICES TO MANAGE CAPITAL IMPROVEMENT PROJECTS FOR FISCAL YEAR 2017/18 (Pulled) Council Member Alatorre commented on the procedures for the selection of the firms and requested reports be provided on the efficiency of the firms previously approved contracts. MOTION: It was moved by Council Member Castro, seconded by Mayor Santillan-Beas to approve staff's recommendation. ROLL CALL: AYES: COUNCIL MEMBER CASTRO, MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS NOES: COUNCIL MEMBER ALATORRE ABSTAIN: NONE ABSENT: COUNCIL MEMBER HERNANDEZ Discussion was held regarding the interpretation of the 4/5t"'s vote. Council Member Castro challenged City Attorney Tapia's analysis, resulting in further clarification during the next City Council meeting from the City Attorney. 0 Lynwood City Council Regular Meeting Minutes—July 5, 2017 Item #15. PARTICIPATION IN THE INSTITUTE FOR LOCAL GOVERNMENT'S BEACON PROGRAM RESOLUTION NO. 2017.129 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD SUPPORTING AND APPROVING LYNWOOD'S PARTICIPATION IN THE BEACON PROGRAM Item #16. DIRECTOR OF RECREATION AND COMMUNITY SERVICES & DIRECTOR OF TECHNOLOGY AND MEDIA SUPPORT SERVICES— RECOMMENDED APPROVAL OF EMPLOYMENT AGREEMENT FOR MR. MARK FLORES & MR. PETER HAN (Pulled) Council Member Alatorre inquired the reasons as to why staff was proposing a stipend for auto and media allowance for the director's in question. City Manager Martinez explained the two directors were receiving increases based on a salary survey of the surrounding cities and desire to retain the institutional knowledge. Ms. Martinez provided further reasons to preserve the auto and media allowance stipend. Council Member Castro requested staff provide more information in the staff reports for transparency purposes. Council Member Alatorre expressed his concerns relative to stipends. MOTION: It was moved by Council Member Alatorre, to approve the item with the exception of the media and car allowance stipend. Motion died due to a lack of a second. Mayor Santillan-Beas asked whether the two newly appointed directors receive car allowance. Human Resources Director Treasure Ortiz affirmed receiving a stipend for media and car allowance. Mayor Pro Tem Solache sated he was in favor of issuing the stipend to all or removing the stipend from all of those who receive the media and car allowance. MOTION: It was moved by Council Member Castro, seconded by Mayor Santillan-Beas to approve staff's recommendation. ROLL CALL: AYES: COUNCIL MEMBERS ALATORRE, CASTRO, MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS NOES: NONE 10 Lynwood City Council Regular Meeting Minutes—July 5, 2017 ABSTAIN: NONE ABSENT: COUNCIL MEMBER HERNANDEZ City Manager Martinez mentioned the two directors in question and the two newly appointed directors declined to accept their 5% increase. RESOLUTION NO. 2017.130 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING AN UPDATED AGREEMENT FOR MARK FLORES & PETER HAN TO REFLECT THE UPDATED SALARY SCHEDULE FOR THE POSITIONS OF DIRECTOR OF RECREATION & COMMUNITY SERVICES & DIRECTOR OF TECHNOLOGY AND MEDIA SUPPORT SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT Item #17. RECOMMENDED APPROVAL OF CITY OF LYNWOOD SALARY SCHEDULE RESOLUTION NO. 2017.131 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING AN UPDATE OF THE CITY'S SALARY SCHEDULE Item #18. RECOMMENDED APPROVAL OF ASSISTANT CITY MANAGER, CONTROLLER AND DEPUTY FINANCE DIRECTOR JOB DESCRIPTIONS RESOLUTION NO. 2017.132 ENTITLED: A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF LYNWOOD AUTHORIZING THE JOB DESCRIPTIONS OF THE ASSISTANT CITY MANAGER, CONTROLLER AND DEPUTY FINANCE DIRECTOR FOR THE CITY OF LYNWOOD Item #19.' SUPPORT ENERGY UPGRADE CALIFORNIA'S CALL TO "DO YOUR THING" CAMPAIGN, AND ENCOURAGE LYNWOOD RESIDENTS AND SMALL BUSINESSES TO BETTER MANAGE PERSONAL ENERGY CONSUMPTION RESOLUTION NO. 2017.132 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD SUPPORTING ENERGY UPGRADE CALIFORNIA'S CALL TO 'DO YOUR THING' CAMPAIGN, ENCOURAGING LYNWOOD RESIDENTS AND SMALL BUSINESSES TO BETTER MANAGE PERSONAL ENERGY CONSUMPTION 11 Lynwood City Council Regular Meeting Minutes—July 5, 2017 ADJOURNMENT Having no further discussion, it was moved by Mayor Pro Tem Solache, seconded by Council Member Castro to adjourn the regular Lynwood City Council meeting at 9:40 p.m. Motion carried by unanimous consent. Maria T. Santillan-Beas, Mayor Maria Quinonez, City Clerk 12 AGENDA STAFF REPORT DATE: July 18, 2017 TO: Honorable Mayor and Membersof4e City Council APPROVED BY: Alma Martinez, City Manage PREPARED BY: Jose Ometetotl, Director of Finance Lilly Hampton, Accounting Technician SUBJECT: Approval of the Warrant Registers Recommendation: Staff respectfully recommends that the Lynwood City Council approve the warrant registers dated July 18, 2017 for FY 2016-2017 and FY 2017-2018. -------------------Attached Warrant Registers dated July 18, 2017 AGENDA ITEM 142 FY -2016-2017 apCkHist Void -Check Listing Page: 1 07/12/2017 10:12AM City of Lynwood Bank code: apbank Void Check # Date Vendor 188005 07/05/2017 006281 PROFESSIONAL 188050 06/28/2017 004854 PETTY CASH- FINANCE 2 checks in this report Status Clear/Void Date Reason-Void/Reissue Ck# Inv. Date Amount Paid V 07/10/2017 WRONG AMOUNT 188091 06/08/2017 10,987.16 V 07/10/2017 174628NH 06/12/2017 3,612.52 V 07/10/2017 IN000082138 05/19/2017 1,088.85 V 07/10/2017 IN000082859 06/08/2017 308.91 V 06/30/2017 SIGNATURE ERROR 188062 06/26/2017 176.01 apbank Total: Total Checks: Check Total 15,997.44 176.01 16,173.45 16,173.45 Page: 1 vchlist 07/12/2017 7:50:45AM Bank code: apbank Voucher Date Vendor 1002840 3/14/2017 000435 ICRMA 1 Vouchers for bank code : apbank 1 Vouchers in this report FY -2016-2017 Electronic Financial Transaction List City of Lynwood Invoice PO # Description/Account 000435031417 SETTLEMENT . 7151.35.350.67410 r Page: 2 Amount 150,000.00 Total : 150,000.00 Bank total : 150,000.00 Total vouchers : 150,000.00 Page: 2 vchlist 06/29/2017 10:37:57AM FY -2016-2017 Prepaid -Check List City of Lynwood Page: 3 Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188048 6/28/2017 000141 AT&T 3378414401060717 TELEPHONE SERVICE -6/2017 6051.45.450.64501 32.94 3378414402060717 TELEPHONE SERVICE -6/2017 6051.45.450.64501 32.94 Total : 65.88 188049 6/28/2017 007206 CHEVRON 50634800 FUEL CHARGES -05/16/2017-06/15/2017 06-006469 7011.45.420.65010 9,278.12 Total : 9,278.12 188050 6/28/2017 004854 PETTY CASH- FINANCE 004854053017 REPLENISHMENT -05/15/2017-5/30/2017 2701.45.610.64399 25.30 1011.45.405.64399 75.00 2701.45.610.65020 26.32 1011.30.270.67950 33.10 6051.30.315.67950 16.29 Total : 176.01 188051 6/28/2017 000163 SOUTHERN CALIFORNIA EDISON 000163061317 LIGHT & POWER SERVICES -5/11/2017-6/12/2017 2051.45.430.65001 126.11 2651.45.425.65001 150.74 000163061317-A LIGHT & POWER SERVICE -5/11/2017-6/12/2017 2051.45.430.65001 72.59 2651.45.425.65001 295.14 0.00163061317-B LIGHT & POWER SERVICE --5/11/2017-6/12/2017 6051.45.450.65001 1 3,535.82 000163061417 LIGHT & POWER SERVICE -5/12/2017-6/13/2017 2051.45.430.65001 94.76 2651.45.425.65001 68.65 2701.45.610.65001 281.16 000163061417-B LIGHT & POWER SERVICE -5/12/2017-6/13/2017 6051.45.450.65001 14,158.78 000163061517 LIGHT & POWER SERVICE -5/12/2017-6/13/2017 2051.45.430.65001 180.41 000163061517-A LIGHT & POWER SERVICE -5/12/2017-6/13/2017 2051.45.430.65001 82.59 000163061517-B LIGHT & POWER SERVICE -5/2017 6051.45.450.65001 4,197.70 Total : 23,244.45 Page: 3 FY -2016-2017 vchlist Prepaid -Check List Page: 4 06/29/2017 10:37:57AM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188052 6/28/2017 000163 SOUTHERN CALIFORNIA EDISON 000163061417-A LIGHT & POWER SERVICE -5/12/2017-6/13/2017 2651.45.425.65001 6,363.42 Total : 6,363.42 188053 6/28/2017 010641 VILLALOBOS, EDUARDO 84948 REFUND -PARKING CITATION 1011.51.34110 124.00 Total : 124.00 188054 6/28/2017 005344 AT&T MOBILITY X06082017 CELL PHONE SERVICES -5/2017 12-000115 1011.65.290.64501 1,158.25 12-000115 6051.65.290.64501 1,158.25 Total : 2,316.50 188055 6/29/2017 000163 SOUTHERN CALIFORNIA EDISON 000163052017-E LIGHT & POWER SERVICES -5/18/2017-6/19/2017 1011.60.740.65001 2,698.26 1011.60.710.65001 3,307.73 000163062017 LIGHT & POWER SERVICES -5/18/2017-6/19/2017 1011.60.740.65001 1,344.08 _ 1011.60.745.65001 2,058.89 1011.60.710.65001 680.20 1011.60.720.65001 2,661.69 000163062017-A LIGHT & POWER SERVICES -5/18/2017-6/19/2017 2051.45.430.65001 4,009.97 000163062017-B LIGHT & POWER SERVICES -5/18/2017-6/19/2017 2651.45.425.65001 2,344.38 000163062017-C LIGHT & POWER SERVICES -5/18/2017-6/19/2017 2701.45.610.65001 90.10 6051.45.450.65001 34.42 000163062017-D LIGHT & POWER SERVICES -5/18/2017-6/19/2017 1011.45.415.65001 254.25 000163062017-F LIGHT & POWER SERVICES -5/18/2017-6/19/2017 2051.45.430.65001 28.53 000163062117 LIGHT & POWER SERVICES -5/18/2017-6/19/2017 2051.45.430.65001 72.76 2651.45.425.65001 163.46 Page: 4 FY -2016-2017 vchlist Prepaid -Check List Page: 5 06/29/2017 10:37:67AM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188055 6/29/2017 000163 SOUTHERN CALIFORNIA EDISON (Continued) 000163062217 000163062217-A 000163062317 000163062417 LIGHT & POWER SERVICES -5/18/2017-6/19/2017 2051.45.430.65001 1,573.79 2651.45.425.6500.1 75.71 LIGHT & POWER SERVICES -5/18/2017-6/19/2017 2051.45.430.65001 26.75 LIGHT & POWER SERVICES -5/18/2017-6/19/2017 2051.45.430.65001 245.82 2651.45.425.65001 178.33 LIGHT & POWER SERVICES -5/18/2017-6/19/2017 2051.45.430.65001 41.69 2651.45.425.65001 1,271.52 Total: 23,162.33 188056 6/29/2017 000164 THE GAS CO. 000164061617 GAS SERVICES -5/15/2017-6/14/2017 1011.60.710.65005 105.99 1011.60.745.65005 2,445.19 1011.60.740.65005 149.43 1011.60.720.65005 3.13 000164061617-A GAS SERVICES -5/15/2017-6/14/2017 1011.45.415.65005 32.70 000164061917 GAS SERVICES -5/15/2017-6/14/2017 1011.45.415.65005 17.17 000164062017 GAS SERVICES -5/15/2017-6/14/2017 6051.45.450.65005 23.46 Total : 2,777.07 9 Vouchers for bank code : apbank Bank total : 67,507.78 9 Vouchers in this report Total vouchers : 67,507.78 Page: 5 I FY -2016-2017 vchlist Prepaid -Check List Page: 6 06/05/2017 7:06:41AM City of Lynwood Bank code: apbank Voucher Date Vendor 188057 7/3/2017 000163 SOUTHERN CALIFORNIA EDISON 1 Vouchers for bank code : apbank 1 Vouchers in this report Invoice PO # Description/Account Amount 000163070117-E LIGHT & POWER SERVICES -6/2017 2651.45.425.65001 969.16 000163070117-A LIGHT & POWER SERVICES -4/13/2017-5/15/2017 6051.45.450.65001 3,986.33 000163070117 LIGHT & POWER SERVICES -4/13/2017-5/15/2017 2051.45.430.65001 31.45 000163070117 LIGHT & POWER SERVICES -4/13/2017-5/15/2017 2651.45.425.65001 58.04 000163070117 LIGHT & POWER SERVICES -4/19/2017-5/18/2017 2701.45.610.65001 173.26 000163063017 LIGHT & POWER SERVICES -4/19/2017-5/18/2017 6051.45.450.65001 39.63 Total : 5,257.87 i Bank total : 5,257.87 Total vouchers : 5,257.87 Page: 6 FY -2017-2018 vchlist Prepaid -Check List Page: 7 i 07/05/2017 6:03:34PM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188058 7/5/2017 003349 DELTA DENTAL OF CALIFORNIA BE002253951 DENTAL PREMIUM -7/2017 188059 7/5/2017 006145 METLIFE 188060 7/5/2017 001224 STANDARD INSURANCE COMPANY 3 Vouchers for bank code : - apbank 3 Vouchers in this report 1011.20140 7151.35.355.64012 006145073117 DENTAL PREMIUM -7/2017 7151.35.355.64012 12,135.80 6,459.00 Total: 18,594.80 Total : 001224073117 LIFE INSURANCE PREMIUM -7/2017 1011.20140 7151.35.355.64012 Total Bank total Total vouchers 55.41 55.41 1,755.00 720.00 2,475.00 21,125.21 21,125.21 Page: 7 FY -2016-2017 vchlist Prepaid -Check List Page: 8 07/10/2017 10:49:39AM City of Lynwood i Bank code: apbank i Voucher Date Vendor Invoice PO # Description/Account Amount 188061 7/6/2017 000163 SOUTHERN CALIFORNIA EDISON 000163062817 LIGHT & POWER SERVICES -6/2017 188062 7/10/2017 004854 PETTY CASH- FINANCE 2 Vouchers for bank code : apbank 2 Vouchers in this report 2051.45.430.65001 2651.45.425.65001 000163062917 LIGHT & POWER SERVICES -6/2017 2051.45.430.65001 2701.45.610.65001 000163062917-A LIGHT & POWER SERVICES -6/2017 2051.45.430.65001 Total 004854053017 REPLENISHMENT -05/15/2017-5/30/2017 2701.45.610.64399 1011.45.405.64399 2701.45.610.65020 1011.30.270.67950 6051.30.315.67950 Total Bank total Total vouchers Page: FY -2016-2017 vchlist Voucher List Page: 9 07/12/2017 9:21:05AM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188063 7/18/2017 000884 A DIVISION OF SULLY -MILLER, BLUE DIAMONI 908760 ASPHALT - COLD OR HOT MIX - 06 -006511 2051.45.410.65020 1,228.33 908760-A MATERIALS TO COVER POTHOLES -5/2 06-006512 2051.45.410.65020 214.48 921756 MATERIALS TO COVER POTHOLES -5/2 06-006512 2051.45.410.65020 359.87 Total: 1,802.68 188064 7/18/2017 000908 A.Y. NURSERY, INC. 0094992 NURSERY SUPPLIES -3/2017 06-006625 2701.45.610.65020 437.47 Total: 437.47 188065 7/18/2017 001419 ABSOLUTE ACCURACY, INC. 102586 SPRAY PAINT PURCHASE -6/2017 06-006819 6051.45.450.65020 251.85 Total: 251.85 188066 7/18/2017 000139 ACE LUMBER, LTD INC C30639 MATERIALS & SUPPLIES -6/2017 08-003196 1011.60.701.65020 60.83 Total: 60.83 188067 7/18/2017 009575 ACRYLATEX COATING & RECYCLING 12430 PAINT SUPPLIES -5/2017 06-006709 2051.45.410.65020 479.59 12577 PAINT SUPPLIES -5/2017 06-006709 2051.45.410.65020 479.59 12578 PAINT SUPPLIES -5/2017 06-006709 2051.45.410.65020 479.59 12579 PAINT SUPPLIES -5/2017 06-006709 2051.45.410.65020 479.59 12580 PAINT SUPPLIES -5/2017 06-006709 2051.45.410.65020 479.59 12581 PAINT SUPPLIES -5/2017 06-006709 2051.45.410.65020 479.59 12582 PAINT SUPPLIES -5/2017 06-006709 2051.45.410.65020 448.92 12583 PAINT SUPPLIES -5/2017 06-006709 2051.45.410.65020 448.92 Page: 9 vchlist Voucher List Page: 10 07/12/2017 9:21:05AM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188067 7/18/2017 009575 ACRYLATEX COATING & RECYCLING (Continued) 12584 PAINT SUPPLIES -5/2017 06-006709 2051.45.410.65020 448.92 12585 PAINT SUPPLIES -5/2017 06-006709 2051.45.410.65020 448.92 12586 PAINT SUPPLIES -5/2017 06-006709 2051.45.410.65020 479.59 12587 PAINT SUPPLIES -5/2017 06-006709 2051.45.410.65020 479.59 12588 PAINT SUPPLIES -5/2017 06-006709 2051.45.410.65020 448.92 12589 PAINT SUPPLIES -5/2017 06-006709 2051.45.410.65020 184.95 Total : 6,266.27 188068 7/18/2017 000441 ACTION, DOOR REPAIR 17404 REAR ENTRANCE 1-2 TECH SERVICED 06-006816 1011.45.415.63025 223.83 Total : 223.83 188069 7/18/2017 000002 ADP, LLC 495571691 PAYROLL SERVICES -6/17/2017 02-001905 1011.30.270.62015 239.02 02-001905 6051.30.315.62015 239.02 Total: 478.04 188070 7/18/2017 010644 ALVARADO, LOUIS 211123827 REFUND -PARKING CITATION 1011.51.34105 68.78 1011.51.34150 63.53 Total : 132.31 188071. 7/18/2017 000764 ALVIZAR BUFFET 051117 SENIOR CENTER MOTHER'S DAY 08-003419 1011.60.720.64399 200.00 Total : 200.00 188072 7/18/2017 008217 AMAZON.COM, LLC 000874867948 COMPUTER/NETWORK SUPPLIES 12-000158 1011.65.290.66035 158.60 12-000158 6051.65.290.66035 158.60 009022530415 COMPUTER/NETWORK SUPPLIES Page: 10 vchlist Voucher List Page: i 1 07/12/2017 9:21:05AM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188072 7/18/2017 008217 AMAZON.COM, LLC (Continued) 12-000158 1011.65.290.66035 274.36 051557706073 COMPUTER/NETWORK SUPPLIES 12-000158 1011.65.290.66035 209.61 12-000158 6051.65.290.66035 209.61 099671646338 COMPUTER/NETWORK SUPPLIES 12-000158 1011.65.290.66035 43.89 12-000158 6051.65.290.66035 43.90 161369165485 COMPUTERINETWORK SUPPLIES 12-000158 1011.65.290.66035 62.78 12-000158 6051.65.290.66035 62.79 171364749680 COMPUTER/NETWORK SUPPLIES 12-000158 1011.65.290.66035 19.52 12-000158 6051.65.290.66035 19.53 195085298828 COMPUTER/NETWORK SUPPLIES 12-000158 1011.65.290.66035 19.97 12-000158 6051.65.290.66035 19.98 245610608926 COMPUTER/NETWORK SUPPLIES, 12-000158 1011.65.290.66035 90.12 12-000158 6051.65.290.66035 90.12 Total : 1,483.38 188073 7/18/2017 002452 AMERICAN LANGUAGE SVCS. 0049026 TRANSLATION SERVICES -6/2017 12-000153 1011.65.250.62015 930.90 Total: 930.90 188074 7/18/2017 006399 AT&T 000009857229 TELEPHONE SERVICE -5/20/2017-6/19/2 6051.45.450.64501 208.03 000009857230 TELEPHONE SERVICE -5/20/2017-6/19/2 6051.45.450.64501 98.55 000009857231 TELEPHONE SERVICE -5/20/2017-6/19/2 6051.45.450.64501 98.55 000009857264 TELEPHONE SERVICE -5/20/2017-6/19/2 6051.45.450.64501 98.55 000009857265 TELEPHONE SERVICE -5/20/2017-6/19/2 6051.45.450.64501 98.55 000009857266 TELEPHONE SERVICE -5/20/2017-6/19/2 Page: 11 Vchlist Voucher List Page: 12 07/12/2017 9:21:05AM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188074 7/18/2017 006399 AT&T (Continued) 6051.45.450.64501 98.55 000009857267 TELEPHONE SERVICE -5/20/2017-6/19/2 6051.45.450.64501 98.55 000009857269 TELEPHONE SERVICE -5/20/2017-6/19/2 6051.45.450.64501 98.55 000009857270 TELEPHONE SERVICE -5/20/2017-6/19/2 6051.45.450.64501 598.85 000009857271 TELEPHONE SERVICE -5/20/2017-6/19/2 6051.45.450.64501 198.05 000009857512 TELEPHONE SERVICE -5/20/2017-6/19/2 6051.45.450.64501 1,128.08 000009879132 TELEPHONE SERVICE -4/2017-6/2017 6051.45.450.64501 1,049.32 Total : 3,872.18 188075 7/18/2017 010395 ATLANTIC AUTO CENTER 1072 FLEET MAINTENANCE -6/2017 06-006739 7011.45.420.63025 993.96 Total: 993.96 188076 7/18/2017 000499 AUTO ZONE WEST, INC. 5446956728 FLEET PARTS &ACCESSORIES -6/2017 06-006548 7011.45.420.65045 86.46 5446956857 FLEET PARTS &ACCESSORIES -6/2017 06-006548 7011.45.420.65045 239.15 Total: 325.61 188077 7/18/2017 004285 AVANT GARDE, INC. 4424 LABOR COMPLIANCE SVCS - 06 -006593 4011.67.993.62015 1,365.00 Total: 1,365.00 188078 7/18/2017 010269 BARRAZA, ANA 010269062217 COMMISSIONER STIPEND 06-006749 2051.45.410.60999 50.00 Total: 50.00 188079 7/18/2017 006170 BARTEL ASSOCIATES, LLC 16-570 OPEB VALUATION SERVICES --7/2016 02-001995 7151.35.355.62015 6,988.00 16-672 OPEB VALUATION SERVICES -8/2016 Page: 12 vchlist Voucher List Page: 13 07/12/2017 9:21:05AM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188079 7/18/2017 006170 BARTEL ASSOCIATES, LLC (Continued) 02-001995 7151.35.355.62015 3,230.00 16-717 OPEB VALUATION SERVICES -9/2016 02-001995 7151.35.355.62015 6,570.00 16-914 OPEB VALUATION SERVICES -11/2017 02-001995 7151.35.355.62015 490.00 Total: 17,278.00 188080 7/18/2017 005670 BATTLE, KIM C. 2/15/2012 CDBG COMMISSIONER STIPEND 2941.20170 25.00 Total: 25.00 188081 7/18/2017 003562 BECERRA, ROWLAND 003562062217 COMMISSIONER STIPEND 06-006655 2051.45.410.60999 50.00 Total: 50.00 188082 7/18/2017 000300 BUBBS HARDWARE 55 HARDWARE MATERIALS & SUPPLIES 06-006481 6051.45.450.65020 42.44 75 HARDWARE MATERIALS & SUPPLIES - 06 -006481 6051.45.450.65020 35.65 Total: 78.09 188083 7/18/2017 010630 CALIFORNIA TITLE ASSOCIATION LA -36819 TITLE REPORTS FOR CALHOME 11-000908 2962.51.864.62015 100.00 LA -36820 TITLE REPORTS FOR CALHOME 11-000908 2962.51.864.62015 100.00 LA -36821 TITLE REPORTS FOR CALHOME 11-000908 2962.51.864.62015 100.00 LA -36822 TITLE REPORTS FOR CALHOME, 11-000908 2962.51.864.62015 100.00 LA -36823 TITLE REPORTS FOR CALHOME 11-000908 2962.51.864.62015 100.00 LA -36824 TITLE REPORTS FOR CALHOME 11-000908 2962.51.864.62015 100.00 LA -36825 TITLE REPORTS FOR CALHOME 11-000908 2962.51.864.62015 100.00 Page: 13 vchlist Voucher List Page: i4 07/12/2017 9:21:05AM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188083 7/18/2017 010630 010630 CALIFORNIA TITLE ASSOCIATION (Continued) Total: 700.00 188084 7/18/2017 010647 CALOCA, ADELA 800059311 REFUND -PARKING CITATION 1011.51.34110 148.50 Total : 148.50 188085 7/18/2017 000934 CHAMPION CHEMICAL CO. 41508 GRAFFITI REMOVAL SUPPLIES -6/2017 06-006515 1011.45.615.65020 497.53 41509 GRAFFITI REMOVAL SUPPLIES -6/2017 06-006515 1011.45.615.65020 497.53 41510 GRAFFITI REMOVAL SUPPLIES -6/2017 06-006515 1011.45.615.65020 497.53 41511 GRAFFITI REMOVAL SUPPLIES -6/2017 06-006515 1011.45.615.65020 497.53 41513 GRAFFITI REMOVAL SUPPLIES -6/2017 06-006515 1011.45.615.65020 54.38 Total : 2,044.50 188086 7/18/2017 009302 CHESSER, CHRISTINE 0498 BARTENER SERVICE I 08-003422 1011.60.740.62064 200.00 4517 BARTENER SERVICE 08-003422 1011.60.740.62064 250.00 Total: 450.00 188087 7/18/2017 008107 CHICAGO TITLE COMPANY 0911705812-1 TITLE SERVICES FOR REHAB 11-000816 2961.51.865.62015 65.00 Total: 65.00 188088 7/18/2017 001168 CINTAS CORPORATION NO. 2 8403211779 FIRSTAID REPLENISHMENT -6/2017 08-003423 1011.60.701.65020 138.10 Total: 138.10 188089 7/18/2017 004168 CINTAS FIRE PROTECTION OF19107062 ALARM MONITORING SERVICE -5/2017 06-006673 1011.45.415.64399 40.00 Total: 40.00 188090 7/18/2017 000444 COMPLETE WELDING SUPPLIES 494914 MATERIALS & SUPPLIES -5/2017 06-006497 6051.45.450.65020 76.67 Page: 14 vchlist Voucher List Page: 15 07/12/2017 9:21:05AM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188090 7/18/2017 000444 COMPLETE WELDING SUPPLIES (Continued) 496314 WELDING SUPPLIES -6/2017 06-006517 6051.45.450.65020 334.41 Total: 411.08 188091 7/18/2017 006281 CONSULTANTS, PROFESSIONAL SECURITY IN000082138 SECURITY GUARD SERVICE 08-003221 1011.60.740.62016 1,088.85 IN000082649 SECURITY SERVICES - 02 -001919 1011.10.101.62016 215.55 02-001919 1011.15.105.62016 215.55 02-001919 1011.20.110.62016 215.55 02-001919 1011.25.205.62016 215.55 02-001919 1011.30.275.62016 706.46 02-001919 1011.35.330.62016 215.55 02-001919 1011.45.401.62016 279.00 02-001919 1011.51.505.62016 215.55 02-001919 1011.60.701.62016 7,507.42 02-001919 1011.65.290.62016 107.76 02-001919 6051.30.315.62016 706.46 02-001919 6051.45.450.62016 279.00 02-001919 6051.65.290.62016 107.76 IN000082859 SECURITY GUARD SERVICE 08-003221 1011.60.740.62016 308.91 Total: 12,384.92 188092 7/18/2017 010105 CPRS DISTRICT 10 104556 MEMBERSHIP DUES 08-003424 1011.60.701.65040 20.00 Total : 20.00 188093 7/18/2017 000345 CPS SOP44025 WRITTEN TEST -ACCOUNT CLERK - 05 -001463 1011.35.330.64399 710.60 Total : 710.60 188094 7/18/2017 010651 CRUZ, MARTIN 87947 REFUND -PARKING CITATION 1011.51.34150 124.00 Total : 124.00 Page: 15 vchlist 07/12/2017 9:21:05AM Voucher List City of Lynwood Page: 16 Bank code: apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188095 7/18/2017 000305 CULLIGAN 1063995 BATEMAN HALL WATER EQUIPMENT 06-006499 1011.45.415.63030 59.94 Total : 59.94 188096 7/18/2017 000892 CUMMINS -ALLISON CORP. 1286263 PARKING COIN MACHINE 11-000909 1011.51.515.63025 1,518.87 Total: 1,518.87 188097 7/18/2017 000138 DAILY JOURNAL CORPORATION b2998249 PULBICATION SERVICE -4/2017 02-001996 6051.30.315.64399 134.40 Total : 134.40 188098 7/18/2017 009843 DEL REAL-CALLEROS, JULIAN 009843062217 COMMISSIONER STIPENE 06-006657 2051.45.410.60999 50.00 Total: 50.00 188099 7/18/2017 007243 DEPARTMENT OF PUBLIC WORKS, COUNTY ( 17050909925 TRAFFIC SIGNAL MAINTENANCE 06-006572 2051.45.430.62015 422.56 Total : 422.56 188100 7/18/2017 003352 DEPT. OF JUSTICE CTRL SERVICES 235258 BACKGROUND CHECK -5/2017 05-001413 1011.35.335.62015 734.00 Total: 734.00 188101 7/18/2017 006088 DIESEL MOBIL SERVICE 18577 FLEET & SPECIALTY EQUIPMENT 06-006465 7011.45.420.63025 1,165.84 Total: 1,165.84 188102 7/18/2017 001987 DISTRICT OF SOUTHERN CALIF., WATER REP 001987053117 GROUNDWATER PRODUCTION 06-006472 6051.45.450.67415 119,551.41 Total : 119,551.41 188103 7/18/2017 006908 DUTHIE POWER SERVICES, INC. 133933 CORRECTIONS TO EMERGENCY 06-006799 6051.45.450.63025 4,400.00 S41671 CORRECTIONS TO EMERGENCY 06-006799 6051.45.450.63025 1,130.00 Total: 5,530.00 Page: 16 vchlist Voucher List Page: 17 07/12/2017 9:21:05AM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188104 7/18/2017 004089 ELDER, BRUCE A. 004089062917 KARATE INSTRUCTOR -6/2017 08-003382 1011.60.740.62015 486.19 Total : 486.19 188105 7/18/2017 006593 ELECTRIC CAR SALES & SVC,INC 21380 CLUB CAR RENTAL CHRISTMAS 2016- 08-003425 1052.60.701.64020 499.00 22285 REPAIR SERVICES -5/2017 06-006801 7011.45.420.63025 486.43 Total : 985.43 188106 7/18/2017 001393 FERGUSON ENTERPRISES, INC. 4792888 MATERIALAND SUPPLIES -6/2017 06-006473 1011.45.415.65020 37.96 Total : 37.96 188107 7/18/2017 010245 FISHER, GERMAINE 24 ACCOUNTING SERVICES/WATER BILLII 02-001947 6051.30.315.62015 1,200.00 25 ACCOUNTING SVCS -WATER BILLING• 02-001997 6051.30.315.62015 1,200.00 30 ACCOUNTING SVCS -WATER BILLING - 02 -001997 6051.30.315.62015 1,200.00 Total : 3,600.00 188108 7/18/2017 009082 FLOYD, LATASIA 009082063017 ZUMBA INSTRUCTOR -6/2017 08-003383 1011.60.715.62015 1,514.00 009082063017-A ZUMBA INSTRUCTOR-AVALOS PARK 08-003383 1011.60.705.62015 513.24 Total: 2,027.24 188109 7/18/2017 010648 GONZALEZ, ALEJANDRO CHAPARRO 255123562 REFUND -PARKING CITATION 1011.51.34110 68.78 Total : 68.78 188110 7/18/2017 001510 GRAINGER, INC. 9452915748 OPERATING SUPPLIES -5/2017 06-006638 2701.45.610.65020 104.05 9453713225 OPERATING SUPPLIES -5/2017 06-006638 2701.45.610.65020 98.34 9458270411 MATERIALAND SUPPLIES -5/2017 Page: 17 vchlist Voucher List Page: 18 07/12/2017 9:21:05AM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188110 7/18/2017 001510 GRAINGER, INC. (Continued) 06-006520 2051.45.410.65020 475.44 9458270429 OPERATING SUPPLIES -5/2017 06-006638 1011.45.415.65020 448.26 9466085751 MATERIALAND SUPPLIES -6/2017 06-006520 2051.45.410.65020 159.25 9466085769 MATERIALAND SUPPLIES -6/2017 06-006520 2051.45.410.65020 62.23 9466085777 OPERATING SUPPLIES -6/2017 06-006638 1011.45.415.65020 143.20 9466085785 OPERATING SUPPLIES -6/2017 06-006638 1011.45.415.65020 58.08 9467599370 OPERATING SUPPLIES -6/2017 06-006638 1011.45.415.65020 42.48 9467599388 OPERATING SUPPLIES -6/2017 06-006638 2051.45.430.65020 474.41 9467599396 OPERATING SUPPLIES -6/2017 06-006638 1011.45.415.65020 3.87 9467599404 OPERATING SUPPLIES -6/2017 06-006638 2051.45.410.65020 118.05 9471763343 OPERATING SUPPLIES -6/2017 06-006638 2051.45.410.65020 48.08 9473007756 OPERATING SUPPLIES -6/2017 06-006638 2701.45.610.65020 271.39 Total: 2,507.13 188111 7/18/2017 000993 GRM INFORMATION MANAGEMENT 0328730 CERTIFIED SHREDDING SERVICES 02-001991 1011.30.275.62015 25.00 02-001991 6051.30.315.62015 25.00 0334008 CERTIFIED SHREDDING SERVICES 02-001991 1011.30.275.62015 42.50 02-001991 6051.30.315.62015 42.50 0337552 CERTIFIED SHREDDING SERVICES 02-001991 1011.30.275.62015 17.50 02-001991 6051.30.315.62015 17.50 Total: 170.00 Page: 18 vchlist Voucher List Page: 19 07/12/2017 9:21:05AM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188112 7/18/2017 010104 GUILMETTE, ROBERT 010104063017 YOGA INSTRUCTOR BATEMAN HALL 08-003234 1011.60.715.62015 397.24 Total: 397.24 188113 7/18/2017 010650 HAGENS, EDWARD LEON 266125532 REFUND -PARKING CITATION 1011.51.34150 63.53 Total: 63.53 188114 7/18/2017 001895 HARRINGTON DECORATING CO, INC 170017 USA FLAGS -6/2017 06-006802 1011.45.415.65020 440.48 Total: 440.48 188115 7/18/2017 003338 HILLYARD-LOS ANGELES 602391000 JANITORIAL & SANITARY SUPPLIES• 06-006521 1011.45.415.65020 491.46 602558177 JANITORIAL & SANITARY SUPPLIES 06-006521 1011.45.415.65020 491.20 602558178 JANITORIAL & SANITARY SUPPLIES 06-006521 1011.45.415.65020 499.32 602558179 JANITORIAL & SANITARY SUPPLIES - 06 -006521 1011.45.415.65020 201.49 602558180 JANITORIAL & SANITARY SUPPLIES - 06 -006521 1011.45.415.65020 383.97 602560109 JANITORIAL & SANITARY SUPPLIES - 06 -006521 1011.45.415.65020 373.40 Total : 2,440.84 188116 7/18/2017 000367 HINDERLITER DELLAMAS &ASSOC. 0026707 -IN SALES TAX AUDIT SERVICE -2/2017 02-001913 1011.30.30145 241.34 Total : 241.34 188117 7/18/2017 003315 HOME DEPOT CREDIT SERVICE 4971822 MATERIALAND SUPPLIES -6/2017 06-006522 6051.45.450.65020 495.02 9341382 MATERIAL AND SUPPLIES - 6/2017 06-006522 6051.45.450.65020 496.79 Total: 991.81 188118 7/18/2017 000327 HUNTINGTON PK RUBBER STAMP CO. RGC000497 INK RUBEN STAMP -512017 Page: 19 vchlist Voucher List Page: 20 07/12/2017 9:21:05AM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188118 7/18/2017 000327 HUNTINGTON PK RUBBER STAMP CO. (Continued) 05-001459 1011.35.335.65015 48.40 Total : 48.40 188119 7/18/2017 000676 IDEAL LIGHTING SUPPLY, INC. 111286 LIGHTING SUPPLIES -6/2017 06-006743 2651.45.425.65020 381.93 111293 LIGHTING SUPPLIES -6/2017 06-006743 2651.45.425.65020 47.19 Total: 429.12 188120 7/18/2017 000353 INFOSEND, INC. 119118 PRINTING- FOLDING AND MAILING 02-001933 1052.30.315.62015 404.35 02-001933 6051.30.315.62015 404.35 02-001933 6401.30.315.62015 404.35 02-001933 1052.30.315.65035 1,284.56 02-001933 6051.30.315.65035 1,284.56 02-001933 6401.30.315.65035 1,284.55 121491 PRINTING -FOLDING AND MAILING 02-001933 1052.30.315.62015 164.41 02-001933 6051.30.315.62015 164.41 02-001933 6401.30.315.62015 164.41 02-001933 1052.30.315.65035 522.91 02-001933 6051.30.315.65035 522.91 02-001933 6401.30.315.65035 522.89 Total : 7,128.66 188121 7/18/2017 005848 INFRASTRUCTURE ENGINEERS 22308 BUILDING INSPECTIONS 11-000818 1011.51.501.62015 406.06 11-000818 1011.51.505.62015 406.07 Total: 812.13 188122 7/18/2017 000844 J & G GRAPHICS 05320 PRINTING OF BUSINESS CARDS 11-000910 1011.51.605.62025 509.18 Total : 509.18 188123 7/18/2017 006321 JIMENEZ CARPET 18825 CARPET TILE SERVICES -6/2017 06-006814 1011.45.614.63025 499.04 Page: 26 vchlist Voucher List Page: 21 07/12/2017 9:21:05AM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188123 7/18/2017 006321 006321 JIMENEZ CARPET (Continued) Total : 499.04 188124 7/18/2017 010358 JIMENEZ, JESSICA 010358063017 BALLET INSTRUCTOR -6/2017 08-003384 1011.60.740.62015 1,201.24 Total: 1,201.24 188125 7/18/2017 001269 JOHN L. HUNTER &ASSOCIATES LYNBCR0417 FOG PROGRAM CONSULTING 06-006590 6401.45.460.62015 190.00 LYNFOG0417 FOG PROGRAM CONSULTING 06-006590 6401.45.460.62015 345.00 LYNNP0417 GROUNDWATER MONITORING 06-006558 6051.45.450.62015 5,227.50 Total: 5,762.50 188126 7/18/2017 003331 L.A. COUNTY SHERIFF DEPT. 17490ONH HELICOPTER SERVICES -5/2017 01-001161 1011.40.215.62015 1,729.80 174954VL PRISONER MAINT SERVICES -5/2017 01-001161 1011.40.215.62015 710.62 — Total : 2,440.42 188127 7/18/2017 000866 LEAD TECH ENVIRONMENTAL 10904 LEAD INSPECTION AND ASBESTOS 11-000911 2962.51.864.62015 725.00 10905 LEAD INSPECTION AND ASBESTOS' 11-000911 2962.51.864.62015 575.00 10920 LEAD INSPECTION AND ASBESTOS 11-000911 2962.51.864.62015 745.00 Total: 2,045.00 188128 7/18/2017 001991 LEGISLATIVE ADVOCACY GROUP 5680 LEGISLATIVE SERVICES -6/2017 02-001977 1011.30.275.62015 5,000.00 Total : 5,000.00 188129 7/18/2017 001256 LINDSAY, CARLA 001256053017 SENIOR CENTER YOGA INSTRUCTOR - 08 -003198 1011.60.720.62015 213.90/ 001256053017-A SENIOR CENTER YOGA CLASS 08-003408 1011.60.720.62015 314.05 Total: 527.95 Page: 21 vchlist Voucher List Page: 22 07/12/2017 9:21:05AM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188130 7/18/2017 010645 LLAMAS, 9422 GARDEN VIEWAVE. 54556 REFUND -PARKING CITATION 1011.51.34105 119.00 Total : 119.00 188131 7/18/2017 008480 LOPEZ AUTO SERVICE & TIRES INC 19909 FLEET REPAIRS & MAINTENANCE -6/20 06-006467 7011.45.420.63025 294.62 19914 FLEET REPAIRS & MAINTENANCE -6/20 06-006467 7011.45.420.63025 300.00 Total : 594.62 188132 7/18/2017 001936 MAIN STREET SIGNS 24865 STREET SIGN SUPPLIES -5/2017 06-006526 2051.45.410.65020 496.10 24875 STREET SIGN SUPPLIES -5/2017 06-006526 2051.45.410.65020 496.10 24904 STREET SIGN SUPPLIES -5/2017 06-006526 2051.45.410.65020 496.10 Total : 1,488.30 188133 7/18/2017 000111 MANAGED HEALTH NETWORK PRM -007641 EMPLOYEE ASSISTANCE PROGRAM - 05 -001398 7151.35.355.61040 323.95 Total: 323.95 188134 7/18/2017 002761 MARCO POWER EQUIPMENT 20172103 MATERIALS & SUPPLIES -5/2017 06-006488 2051.45.410.65020 261.21 20172118 EQUIPMENT TUNE UP AND REPAIRS 06-006503 6051.45.450.63025 111.12 2020753 MATERIALS & SUPPLIES -5/2017 06-006488 6051.45.450.65020 15.00 2020763 MATERIALS & SUPPLIES -6/2017 06-006488 2051.45.410.65020 76.00 2020764 MATERIALS & SUPPLIES -6/2017 06-006488 2051.45.410.65020 333.64 Total: 796.97 188135 7/18/2017 005424 MARTINEZ JR., ARTHUR 005424062217 COMMISSIONER STIPEND 06-006668 2051.45.410.60999 50.00 Total : 50.00 Pager 22 vchlist Voucher List Page: 23 07/12/2017 9:21:05AM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188136 7/18/2017 000128 MARX BROS FIRE EXTINGUISHER S10335 SEMI ANNUAL FIRE EXTINGUISHER 08-003400 1011.60.740.63025 75.00 Total : 75.00 188137 7/18/2017 009275 MEDICAL GROUP, P.C., U.S. HEALTHWORKS 3095196 -CA DMV PHYSICALS -3/2017 05-001465 1011.35.330.62015 99.00 3101450 -CA DMV PHYSICALS -4/2017 05-001465 1011.35.330.62015 198.00 3108642 -CA DMV PHYSICALS -4/2017 05-001465 1011.35.330.62015 99.00 3112242 -CA DMV PHYSICALS -1/2017 99.00 3134762 -CA DMV PHYSICALS -6/2017 05-001465 1011.35.330.62015 99.00 Total : 594.00 188138 7/18/2017 010646 MEDINA, RAMON L. 800051458 REFUND -PARKING CITATION 1011.51.34105 177.50 800051571 REFUND -PARKING CITATION 1011.51.34105 177.50 S 39176 REFUND -PARKING CITATION 1011.51.34105 177.50 Total : 532.50 188139 7/18/2017 009602 MOORE, LORRAINE 009602061417 CDBG COMMISSIONER STIPEND -6/201 11-000896 2941.51.285.60999 50.00 Total : 50.00 188140 7/18/2017 010272 MOSQUEDA, BEATRIZ 010272053117 COM, CTR EXERCISE CLASS INSTRUC 08-003314 1011.60.705.62015 98.84 Total: 98.84 188141 7/18/2017 009012 MUNICIPAL WASTE SOLUTIONS 265 REFUSE CONTRACT OVERSIGHT• 06-006509 1052.45.440.62061 4,125.00 Total: 4,125.00 188142 7/18/2017 009647 MV CHENG &ASSOCIATES, INC. 6/30/2017 TEMPORARY STAFFING Page: 23 vchlist 07/12/2017 9:21:05AM Voucher List City of Lynwood Page: 24 Bank code: apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188142 7/18/2017 009647 MV CHENG &ASSOCIATES, INC. (Continued) 02-001978 1011.30.270.62015 _ 11,401.00 02-001978 1011.30.275.62015 2,520.40 02-001978 1052.30.315.62015 4,860.37 02-001978 6051.30.315.62015 4,860.37 02-001978 6401.30.315.62015 4,860.36 Total : 28,502.50 188143 7/18/2017 004170 MV TRANSPORTATION, INC 76386 MV TRANSPORTATION TRANSIT 06-006504 2401.45.435.62015 55,490.17 Total : 55,490.17 188144 7/18/2017 008574 NABB CONSTRUCTION, INC. 3224nciA HUD ACT 954-CDBG HOUSING REHAB 11-000886 2941.51.286.67240 10,000.00 11-000886 2941.51.286.67235 30,500.00 3224nciB HUD ACT 954-CDBG HOUSING REHAB 11-000886 2941.51.286.67235 4,500.00 Total: 45,000.00 188145 7/18/2017 000475 NATIONWIDE ENVIRONMENTAL SVCS. 28448 GRAFFITI REMOVAL SERVICES -512017 06-006775 2851.45.615.62015 8,691.26 28496 CATCH BASIN CLEANING SERVICES 06-006807 1011.45.457.62015 6,000.00 28496-A CATCHBASIN CLEANING SERVICES 06-006560 2851.45.615.62015 4,342.00 28496-B CATCH BASIN CLEANING SERVICES• 06-006809 1011.45.457.62015 521.00 28521 SIDEWALK CLEANING SERVICES - 11 -000778 3381.51.750.62015 2,300.14 Total: 21,854.40 188146 7/18/2017 008063 NOBEST INCORPORATED 1-1617-7 LONG BEACH BLVD. IMPROVEMENT I 06-006562 4011.67.993.62015 354,941.02 06-006562 4011.20601 -17,747.05 Total : 337,193.97 188147 7/18/2017 009752 NUNEZ, ANDREW MICHAEL 009752061417 CDBG COMMISSIONER STIPEND Page: 24 vchlist Voucher List Page: 25 07/12/2017 9:21:05AM City of Lynwood Bank code-: apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188147 7/18/2017 009752 NUNEZ, ANDREW MICHAEL (Continued) 11-000897 2941.51.285.60999 50.00 Total : 50.00 188148 7/18/2017 000078 OFFICE DEPOT 931339199001 OFFICE SUPPLIES -5/2017 06-006563 2051.45.410.65015 70.38 931340039001 OFFICE SUPPLIES -5/2017 06-006563 2051.45.410.65015 433.47 932051313001 OFFICE SUPPLIES -5/2017 06-006563 2051.45.410.65015 32.20 932.051576001 OFFICE SUPPLIES -5/2017 06-006563 2051.45.410.65015 32.69 932051577001 OFFICE SUPPLIES -5/2017 06-006563 2051.45.410.65015 141.01 932051579001 OFFICE SUPPLIES -5/2017 06-006563 2051.45.410.65015 88.63 932051586001 OFFICE SUPPLIES -5/2017 06-006563 1011.45.405.65020 7.86 937634996001 OFFICE SUPPLIES -6/2017 02-001981 6051.30.315.65015 70.53 937635153001 OFFICE SUPPLIES -6/2017 02-001982 1011.30.310.65015 4.43 02-001982 1011.30.310.65020 0.15 937926563001 OPERATING & OFFICE SUPPLIES 01-001152 1011.10.101.65020 11.92 937926563001-A OFFICE & OPERATING SUPPLIES 01-001153 1011.25.205.65015 141.69 937927833001 OPERATING & OFFICE SUPPLIES• 01-001152 1011.10.101.65015 9.10 Total: 1,044.06 188149 7/18/2017 005562 ORKIN PEST CONTROL 157919588 SENIOR CENTER PEST CONTROL 08-003182 1011.60.720.64399 134.64 Total: 134.64 188150 7/18/2017 000427 PETTY CASH-C.M.O. 004854062717 REPLENISHMENT -4/18/2017-6/27/2017 1011.10.101.67950 2.79 Page: 25 vchlist Voucher List Page: 26 07/12/2017 9:21:05AM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188150 7/18/2017 000427 PETTY CASH-C.M.O. (Continued) 1011.25.205.67950 141.27 1011.30.270.67950 139.26 1011.25.205.67950 212.21 Total: 495.53 188151 7/18/2017 008664 PINS ADVANTAGE 694 CERTIFICATE OF INSURANCE -5/2017 05-001401 1011.35.330.62015 125.00 Total: 125.00 188152 7/18/2017 000355 PITNEY BOWES PURCHASE POWER 000355063017 POSTAGE FEE --6/2017 05-001406 1011:35.330.65035 4,000.00 Total : 4,000.00 188153 7/18/2017 005588 PLUMBERS DEPOT, INC PD -35234 TO REPAIR SEWER TRUCK -6/2017 06-006564 6401.45.460.63025 5,669.69 Total : 5,669.69 188154 7/18/2017 001142 QUILL CORPORATION 6183850 OFFICE SUPPLIES -4/2017 05-001460 1011.35.335.65015 353.00 6292739 FILE CABINETS -4/2017 05-001466 1011.35.330.65020 276.56 6513024 OFFICE SUPPLIES -5/2017 05-001460 1011.35.335.65015 367.61 6698965 INK CARTRIDGES -5/2017 05-001461 1011.35.335.65020 373.73 6737490 OFFICE SUPPLIES -5/11/2017 05-001460 1011.35.335.65015 367.61 Total: 1,738.51 188155 7/18/2017 010241 RECREATION SOCIETY, INC., CALIFORNIA PAI 104556-A MEMBERSHIP DUES 08-003414 1011.60.705.65040 150.00 Total: 150.00 188156 7/18/2017 001326 REDFLEX TRAFFIC SYSTEMS, INC. RTS0012869 DIGITAL PHOTO ENFORCEMENT 01-001184 1011.40.215.67246 6,800.00 Total: 6,800.00 Page: 26 vchlist Voucher List Page: 27 07/12/2017 9:21:05AM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188157 7/18/2017 008690 RICOH USA, INC. 5048987433 COPIER MAINTENANCE -6/2017 06-006566 6051.45.450.63025 257.00 Total : 257.00 188158 7/18/2017 005566 RODRIGUEZ GONZALEZ, YOLANDA 005566061417 CDBG COMMISSIONER STIPEND -6/201 11-000898 2941.51.285.60999 50.00 Total : 50.00 188159 7/18/2017 008036 RUBIO'S TIRE SHOP 1531 FLEET REPAIRS AND MAINTENANCE 06-006736 7011.45.420.63025 15.00 1533 FLEET REPAIRS AND MAINTENANCE. 06-006736 7011.45.420.65045 754.00 Total : 769.00 188160 7/18/2017 008036 RUBIO'S TIRE SHOP 1530 FLEET REPAIRS AND MAINTENANCE 06-006736 7011.45.420.63025 50.00 Total: 50.00 188161 7/18/2017 007205 SANCHEZAWARDS 1005 PLAQUE AND ENGRAVING SERVICES. 01-001145 1011.10.101.64399 121.19 1005-A PLAQUE PURCHASE -5/2017 02-001990 1011.30.270.64399 18.19 1016 NAME PLATE FOR TREASURE ORTIZ 05-001464 1011.35.335.64399 26.34 Total: 165.72 188162 7/18/2017 010649 SOTELO, EFRAIN 233124805 REFUND -PARKING CITATION 1011.51.34110 25.00 Total: 25.00 188163 7/18/2017 000312 SPARKLETTS 14624693 060917 WATER & COOLER RENTAL 11-000872 1011.51.501.65999 22.87 11-000872 1011.51.505.65999 22.89 11-000872 1011.51.605.65999 22.90 14624693 060917-A WATER SERVICES FOR PARKING 11-000808 1011.51.515.64399 19.43 14855810 052717 WATER SERVICES - Page: D vchlist Voucher List Page: 28 07/12/2017 9:21:05AM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188163 7/18/2017 000312 SPARKLETTS (Continued) 11-000808 1011.51.515.64399 5.00 Total : 93.09 188164 7/18/2017 007308 STREET CAPITAL ADVISORS, LLC, MAIN Lynwood#25 INVESTMENT ADVISORY SVCS - 10 -000156 1011.20.110.62015 3,000.00 Total : 3,000.00 188165 7/18/2017 008890 TAFOYAAND GARCIA, LLP 2017.0207 LEGAL FEES -2/2017 02-001934 1011.30.265.62011 630.00 2017.0208 LEGAL FEES -2/2017 02-001934 1011.30.265.62008 2,117.50 2017.0308 LEGAL FEES -3/2017 02-001934 1011.30.265.62011 1,960.00 2017.0309 LEGAL FEES -3/2017 02-001934 1011.30.265.62008 1,865.00 2017.0406 LEGAL FEES -4/2017 02-001934 1011.30.265.62011 1,995.00 Total : 8,567.50 188166 7/18/2017 002938 TAJ OFFICE SUPPLY 0036294-001 OFFICE & OPERATING SERVICES 01-001154 1011.25.205.65015 49.05 0038079-001 OFFICE SUPPLIES• 08-003297. 1011.60.710.65015 299.96 0038180-001 PRINTING SERVICES - 02 -001994 1011.30.275.62025 36.16 Total : 385.17 188167 7/18/2017 000067 THYSSEN KRUPP ELEVATOR CORP 3002943644 ELEVATOR MAINTENANCE 06-006479 1011.45.415.63025 1,088.70 Total : 1,088.70 188168 7/18/2017 010122 TOBO CONSTRUCTION INC. 10 CONSTRUCTION OF CITY HALL ANNEX 06-006583 4011.67.011.62015 141,366.75 06-006583 4011.20601 -14,136.67 Total: 127,230.08 Page: 28 vchlist Voucher List Page: 29 07/12/2017 9:21:05AM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188169 7/18/2017 006068 TRIMMING LAND COMPANY, INC. 112780 TREE TRIMMING AND LANSCAPING . 06-006637 2701.45.620.62015 18,195.00 Total : 18,195.00 188170 7/18/2017 007742 ULINE, INC. 87870913 OPERATING SUPPLIES -6/2017 08-003418 1011.60.701.65020 319.54 Total : 319.54 188171 7/18/2017 000166 UNDERGROUND SERVICE ALERT/SC 620170405 UNDERGROUND SERVICE ALERTS 06-006491 6051.45.450.64399 148.50 Total: 148.50 .188172 7/18/2017 009742 UNIFIRST CORPORATION 3241923210 UNIFORM SERVICE -5/2017 06-006492 2051.45.430.60040 9.14 3241923211 UNIFORM SERVICE -5/2017 06-006492 6051.45.450.60040 25.53 3241923212 UNIFORM SERVICE -5/2017 06-006492 1011.45.415.60040 23.49 3241923213 UNIFORM RENTAL -5/2017 06-006718 2701.45.610.60040 45.54 3241923214 UNIFORM RENTAL -5/2017 06-006718 2051.45.410.60040 36.80 3241925994 UNIFORM SERVICE -5/2017 06-006492 6051.45.450.60040 25.53 3241925995 UNIFORM SERVICE -5/2017 06-006492 1011.45.415.60040 26.61 3241925996 UNIFORM RENTAL -5/2017 06-006718 2701.45.610.60040 45.54 3241925997 UNIFORM RENTAL -5/2017 06-006718 2051.45.410.60040 36.80 3241928793 UNIFORM SERVICE -5/2017 06-006492 2051.45.430.60040 10.94 3241928794 UNIFORM SERVICE -5/2017 06-006492 6051.45.450.60040 25.53 3241928795 UNIFORM SERVICE -5/2017 06-006492 1011.45.415.60040 26.61 3241928796 UNIFORM SERVICES -5/2017 Page: 29 vchlist Voucher List Page: 30 07/12/2017 9:21:05AM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188172 7/18/2017 009742 UNIFIRST CORPORATION (Continued) 06-006718 2701.45.610.60040 45.54 3241928797 UNIFORM RENTAL -5/2017 06-006718 2051.45.410.60040 36.80 3241928798 SANITARY SUPPLIES -5/2017 06-006718 1011.45.415.64399 41.89 3241931575 UNIFORM SERVICE -5/2017 06-006492 2051.45.430.60040 10.94 3241931576 UNIFORM SERVICE -5/2017 06-006492 6051.45.450.60040 25.53 3241931577 UNIFORM SERVICE -5/2017 06-006492 1011.45.415.60040 26.61 3241931579 UNIFORM RENTAL -5/2017 06-006718 2051.45.410.60040 36.80 3241931580 SANITARY SUPPLIES -5/2017 06-006718 1011.45.415.64399 41.89 Total: 604.06 188173 7/18/2017 005357 URBAN ASSOCIATES, INC. 200.14A INTERIM DIRECTOR OF DCES-6/2017 11-000903 1011.51.501.62015 6,750.00 11-000903 1011.51.505.62015 6,750.00 11-000903 1011.51.605.62015 6,750.00 Total: 20,250.00 188174 7/18/2017 007734 USA BLUE BOOK 289490 SUPPLIES AND MATERIALS -6/2017 06-006508 6051.45.450.65020 211.09 Total: 211.09 188175 7/18/2017 009137 V -MAX PLUMBING 13890 RELOCATION OF WATER LINES 06-006828 6051.45.450.63025 13,750.00 Total: 13,750.00 188176 7/18/2017 000040 WAXIE SANITARY SUPPLY 76745664 JANITORIAL SUPPLIES -6/2017 06-006678 1011.45.415.65020 490.10 76745665 JANITORIAL SUPPLIES -6/2017 06-006678 1011.45.415.65020 462.93 76748990 JANITORIAL SUPPLIES -6/2017 Page: 30 vchlist Voucher List Page: 31 07/12/2017 9:21:05AM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188176 7/18/2017 000040 WAXIE SANITARY SUPPLY (Continued) 06-006678 1011.45.415.65020 486.81 76748991 JANITORIAL SUPPLIES -6/2017 06-006678 1011.45.415.65020 492.15 76754925 JANITORIAL SUPPLIES -6/2017 06-006678 1011.45.415.65020 498.45 76754926 JANITORIAL SUPPLIES -6/2017 06-006678 1011.45.415.65020 271.71 76754927 JANITORIAL SUPPLIES -6/2017 06-006678 1011.45.415.65020 12.41 76754928 JANITORIAL SUPPLIES -6/2017 06-006678 1011.45.415.65020 494.90 76754929 JANITORIAL SUPPLIES -6/2017 06-006678 1011.45.415.65020 441.04 76754930 JANITORIAL SUPPLIES -6/2017 06-006678 1011.45.415.65020 270.97 76754931 JANITORIAL SUPPLIES -6/2017 06-006678 1011.45.415.65020 116.04 Total: 4,037.51 188177 7/18/2017 010312 WEBER WATER RESOURCES CA, LLC 647 WATER WELL NO.19 REHABILITATION 06-006738 4011.67.009.62015 29,335.00 06-006738 4011.20601 -2,933.50 - 648 WATER WELL NO.19 REHABILITATION 06-006738 4011.67.009.62015 23,648.81 06-006738 4011.20601 -2,364.88 662 WATER WELL NO.19 REHABILITATION 06-006738 4011.67.009.62015 1,250.00 06-006738 4011.20601 -125.00 Total: 48,810.43 188178 7/18/2017 000477 WEBSTER'S BEE REMOVAL SERVICES 9351 REMOVE AND EXTRACT BEEHIVES 06-006493 1011.45.615.64399 175.00 9424 REMOVE AND EXTRACT BEEHIVES• 06-006493 6051.45.450.64399 175.00 Total: 350.00 Page: 31 FY -2016-2017 vchlist Voucher List Page: 32 07/12/2017 9:21:05AM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188179 7/18/2017 000102 WHITE CAP, HD SUPPLY CONST.& INDUST. 10007103561 OPERATING SUPPLIES -6/2017 06-006571 1011.45.415.65020 130.47 Total : 130.47 188180 7/18/2017 000181 WHITTIER FERTILIZER COMPANY 316481 LANDSCAPING SUPPLIES -2/2017 06-006630 2701.45.610.65020 481.76 317088 LANDSCAPING SUPPLIES -3/2017 06-006630 2701.45.610.65020 456.75 317241 LANDSCAPING SUPPLIES -3/2017 06-006630 2701.45.610.65020 456.75 321611 LANDSCAPING SUPPLIES -6/2017 06-006630 2701.45.610.65020 384.13 321612 LANDSCAPING SUPPLIES -6/2017 06-006630 2701.45.610.65020 285.35 321613 LANDSCAPING SUPPLIES -6/2017 06-006630 2701.45.610.65020 301.81 321614 LANDSCAPING SUPPLIES -6/2017 06-006630 2701.45.610.65020 301.81 321615 LANDSCAPING SUPPLIES -6/2017 06-006630 2701.45.610.65020 334.74 321616 LANDSCAPING SUPPLIES -6/2017 06-006630 2701.45.610.65020 334.74 Total: 3,337.84 188181 7/18/2017 007609 WILLDAN FINANCIAL SERVICES 010-33832 CONSULTING SERVICES -3/2017 02-001993 1011.30.275.62015 11,210.00 010-34257 CONSULTING SERVICES -4/2017 02-001993 1011.30.275.62015 8,360.00 010-34332 CONSULTING SERVICES -4/2017 02-001993 1011.30.275.62015 3,800.00 Total : 23,370.00 119 Vouchers for bank code: apbank Bank total : 1,015,863.08 119 Vouchers in this report Total vouchers : 1,015,863.08 Page: 32 FY -2017-2018 vchlist Voucher List Page: 33 07/12/2017 10:04:06AM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO # Description/Account Amount 188182 7/18/2017 000370 ALATORRE, SALVADOR 000370073117 ELECTRONIC/MEDIA-AUTO EXPENSES -7/2017 1011.10.101.60025 250.00 1011.10.101.60030 250.00 000370112115 REIMB-PARKING EXPENCE FEE -11/2015 1011.10.101.64015 12.00 Total: 512.00 188183 7/18/2017 001249 CASTRO, AIDE 001249073117 ELECTRONIC/MEDIA-AUTO EXPENSES -7/2017 1011.10.101.60025 250.00 1011.10.101.60030 250.00 Total : 500.00 188184 7/18/2017 007566 HERNANDEZ, EDWIN 007566073117 ELECTRONIC/MEDIA-AUTO EXPENSES -7/2017 1011.10.101.60025 250.00 1011.10.101.60030 250.00 Total : 500.00 188185 7/18/2017 010413 JACKSON, KENNETH 010413073117 REIMB-RETIREE MEDICAL PREMIUM -7/2017 7151.35.355.64012 445.89 Total : 445.89 188186 7/18/2017 000779 SANTILLAN-BEAS, MARIA 000779073117 ELECTRONIC/MEDIA-AUTO EXPENSES -7/2017 1011.10.101.60025 250.00 1011.10.101.60030 250.00 Total : 500.00 188187 7/18/2017 008668 SOLACHE, JOSE LUIS 008668073117 ELECTRONIC/MEDIA-AUTO EXPENSES -7/2017 1011.10.101.60025 250.00 1011.10.101.60030 250.00 Total : 500.00 188188 7/18/2017 000163 SOUTHERN CALIFORNIA EDISON 000163070617 LIGHT & POWER SERVICES -5/18/2017-6/19/2017 2651.45.425.65001 125.44 000163070817 LIGHT & POWER SERVICES -6/7/2017-7/7/2017 2051.45.430.65001 84.62 2651.45.425.65001 5,982.60 Page: 33 FY -2017-2018 vchlist Voucher List Page: 34 07/12/2017 10:04:06AM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice 188188 7/18/2017 000163 SOUTHERN CALIFORNIA EDISON (Continued) 000163070817-A 000163071117 7 Vouchers for bank code 7 Vouchers in this report apbank PO # Description/Account Amount LIGHT & POWER SERVICES -6/7/2017-7/7/2017 6051.45.450.65001 1,629.59 LIGHT & POWER SERVICES -6/8/2017-7/10/2017 2051.45.430.65001 31.91 2651.45.425.65001 119.03 Total : 7,973.19 Bank total : 10,931.08 Total vouchers : 10,931.08 Page: 34 yN AGENDA STAFF REPORT E7 N DATE: July 18, 2017 TO: Honorable Mayor and Members of the City Council APPROVED BY: Alma K. Martinez, City Manag` PREPARED BY: Raul Godinez II, P.E., Director o Public Works / City Engineer Lorry Hempe, Public Works Special Projects Manager SUBJECT: Notice of Completion for the Construction of the Lucy Avalos Community -Center (CIP 4011.67.007), Additional Appropriation for CCMI on the Labor Compliance, and Acceptance of a Report on Change Orders Recommendation: Staff recommends that the City Council adopt the attached resolutions entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE WORK DONE BY CAL CITY CONSTRUCTION INC. ON THE YVONNE BURKE- JOHN D. HAM (LUCY AVALOS COMMUNITY CENTER) (CIP 4011.67.007) AS COMPLETE; AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE TO FILE THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER, TO RELEASE THE 5% RETENTION PAYMENT LESS ANY WITHHOLDING AFTER 35 DAYS AFTER RECORDATION, TO CONTINUE TO WITHHOLD PAYMENTS RELATED TO LABOR COMPLIANCE RETENTION AND RELEASE SUCH PAYMENT WHEN DEEMED NECESSARY, AND TO RETAIN AND/OR RELEASE LIQUIDATED DAMAGES AS NEGOTIATED". "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AMENDMENT TO THE CONTRACT WITH CONTRACTOR COMPLIANCE INC. IN AN AMOUNT NOT TO EXCEED $18,795 TO CONTINUE TO ADDRESS THE LABOR COMPLIANCE ISSUE ON THE PROJECT AND APPROVING AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $18,795 FROM THE GENERAL FUND". "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE REPORT ON THE MODIFICATIONS, AMENDMENTS APPROVED BY THE CITY MANAGER FOR THE YVONNI PARK COMMUNITY. CENTER (CIP 67-007)." LYNWOOD ACCEPTING AND CHANGE ORDERS BURKE-JOHN D. HAM AGENDA ITEM Background: On October 20, 2015, the City Council approved to award the construction contract to Cal City Construction Inc. for the construction of the Yvonne Burke -John D. Ham Park Community Center. Cal City Construction Inc. was the second apparent lowest bidder. Since the lowest bidder withdrew its bid, Cal City Construction was awarded the project as the lowest responsible bidder. The project scope includes the construction of an 8,600 plus square -foot building which includes a reception area, public restrooms, storage area, equipment room, central game room, three multi-purpose rooms, kitchen, staff offices, concession area, security office, an outdoor stage and landscaping and hardscaping in the building perimeter. On January 12, 2017, the City's Building and Safety conducted a final inspection of the building. On January 9, 2017, the State Water Resources Control Board and the Los Angeles County Health Department required for the City to relocate a backflow device installed during Phase 1 of the Ham Park project and provide Title 22 reports relating to the dual plumbed recycled system. A grand opening was held on March 22, 2017 at.which time the building was dedicated and renamed to Lucy Avalos Community Center. The Lucy Avalos Community Center is currently in operation. Discussion & Analysis: Project Budget The City Council authorized a budget of $5,691,144 for the project. Since then, the project budget was amended to include additional requests from the Department of Recreation and Community Services for furnishings and technological components and costs incurred due to project delays. Project Sources Prop 84 Grant (State Department of Parks and Recreation) $ 5,000,000 Los Angeles County Regional Park and Open Space District Grant $ 250,000 Impact Fees (City Funding Source) $ 441,144 General Fund $ 112,017 Contingency Set Aside $ 90,272 TOTAL PROJECT FUNDING $ 5,893,433 Prop 84 Grant On April 6, 2017, a representative from the State of California Department of Parks and Recreation (State) inspected the project site as part of the Prop 84 Grant close out. The State required that the building meet Leadership in Energy and Environmental Design (LEED) Silver designation. In April 2017, the City was notified that the U.S. Green Building Council had awarded a higher certification to the building at LEED Gold Certification, thus, surpassing the State requirement. As of June 1, 2017, the City has received the full reimbursement of $5,000,000 from the State. Construction Budget and Withholdings At the time of the contract award, the contract price was at $4,650,000. This left staff with a very small contingency at 5%. At the end of the project, with change orders, the construction expenditure ended at $4,762,078. This represents a contract change order of 2.41 %. . Staff retained 5% from construction payments as a retention. Below is a chart on the amount of retention scheduled to be released less withholdings. The estimated amount scheduled for release is subject to change if Cal City is able to provide releases on the stop payment notices and/or if there are remaining punchlist items to be deducted from the withholding. Staff recommends that the Director of Public Works be given authority to determine the amount to release and to retain. ESTIMATED AMOUNT OF THE 5% RETENTION TO BE RELEASED 5% Retention $ 238,104 Payment for Change Order #31 and #33 $ 1,445 Labor Compliance Retention $ 3,475) Stop Payments (91,231) Estimated Amount Scheduled For Release $ 144,843 In addition to the 5% retention on construction payments, staff had to withhold from the construction payments amounts relating to liquidated damages and labor compliance. ADDITIONAL WITHHOLDING Labor Compliance Withholding (Ed Rose Construction Inc.) $ 214,163 . Liquidated Damages $ 46,800 Other Withholding $ 260,963 The above withholdings are subject to release. Staff recommends that the City Council provides authority to staff and to the City Attorney to address issues on liquidated damages and labor compliance with Cal City. CCMI — Request for Additional Funding Prop 84 requires the City to have a Labor Compliance Program (LCP). CCMI serves as the City's third party labor compliance provider to implement the City's LCP. Labor compliance continues to be an on-going issue. The City Council approved an appropriation of $25,000 in order for CCMI to continue to represent the City before the Department of Industrial Relations if the matter does not go to a hearing. CCMI anticipates incurring $18,795 more if the Ed Rose matter reaches the hearing. Since a settlement was not reached at the June 22, 2017 settlement conference, the matter is set for a hearing before the Department of Industrial Relations on July 19, 2017. Staff recommends appropriating additional funding for CCMI to continue to request us. Project Change Orders Lynwood Municipal Code (LMC) Section 6-3.15(f) requires. the City Manager to report to the City Council on modifications and change orders every three months. LMC 6- 3.15(d), allows the City Council by resolution to authorize the city manager to exceed the specific dollar amounts or percentage limitations under LMC 6-3.15(a).On July 19, 2016, the City Council adopted Resolution 2016-152, authorizing the City Manager to approve change orders up to the available contingency, thus raising the not to exceed amount that the City Manager can approve. On October 4, 2016, the City Council accepted staff's report on the amount of change orders and amendments approved by the City Manager (Change Orders #145). On January 17, 2017, the City Council accepted a report on modifications, amendments and change orders approved by the City Manager (Change Order #6414, #17, #19- #24). Since January 17, 2017, the City Manager has approved the following change orders and amendments: Change Order/ Amendment Vendor Description Amount #151 Cal -City CMU Wall Revisions $4,529.86 #182 Cal -City Reroute electrical underground $6,805.77 #23 Cal -City 120 V Timer Installation for Exhaust Fan $1,619.99 #25 4 Cal -City Installation of PV Disconnect Switch $2,638.95 LPA LPA Architectural $55,796 ' See Attachment 1 2 See Attachment 2 3 See Attachment 3 4 See Attachment 4 5 See Attachment 5A & 5B Change Order/ Amendment Vendor Description Amount Smith Emery'5 Smith Emery Materials Laboratory Testing $2,335 gkkworks gkkworks Construction Manager $54,400 #26 Cal -City Eliminate exterior lights ($1,969.92) #279 Cal -City Additional power receptacles at stage $3,596.93 #28 Cal -City Additional new signs & interior wall refinishes $7,037.06 #30 Cal -City 2 LCD key pad $1,127.29 #31 Cal -City LEED Construction Review $965.06 #33 Cal -City Additional power switch for event pole light $555.89 Fiscal Impact: Additional appropriation in the amount of $18,795 from the General Fund is needed for CCMI to continue to address the labor compliance issues. Coordinated With: City Attorney's Office Attachments 6 See Attachment 6 See Attachment 7 s See Attachment 8 9 See Attachment 9 10 See Attachment 10 11 See Attachment 11 12 See Attachment 12 13 See Attachment 13 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE WORK DONE BY CAL CITY CONSTRUCTION INC. ON THE YVONNE BURKE- JOHN D. HAM (LUCY AVALOS COMMUNITY CENTER) (CIP 4011.67.007) AS COMPLETE; AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE TO FILE THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER, TO RELEASE THE 5% RETENTION PAYMENT LESS ANY WITHHOLDING AFTER 35 DAYS AFTER RECORDATION, TO CONTINUE TO WITHHOLD PAYMENTS RELATED TO LABOR COMPLIANCE RETENTION AND RELEASE SUCH PAYMENT WHEN DEEMED NECESSARY, AND TO RETAIN AND/OR RELEASE LIQUIDATED DAMAGES AS NEGOTIATED WHEREAS, on October 20, 2015, the City Council awarded the construction contract to Cal City Construction Inc. for the construction of the Yvonne Burke -John D. Ham Park Community Center, later renamed as Lucy Avalos Community Center; and WHEREAS, on January 12, 2017, the City's Building and Safety conducted a final inspection of the building; and WHEREAS, a grand opening dedication ceremony was held on March 22, 2017 at which time the building was dedicated and renamed to Lucy Avalos Community Center; and WHEREAS, staff withheld from the construction payments, amounts related to Stop Payments filed, Labor Compliance issues and Liquidated Damages; and WHEREAS, staff withheld an additional $214,163 in payments due to ongoing labor compliance issues relating to Ed Rose Construction, one of the subcontractors under Cal City Construction, for which a portion of the amount is subject to release ; and WHEREAS, a Notice of Completion is necessary to seek out reimbursement from the County of Los Angeles Regional Park and Open Space District Grant for the $250,000 grant awarded to the City by this agency; and WHEREAS, the Lucy Avalos Community Center is currently in operation. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1 That the City Council accepts the Yvonne Burke -John D. Ham Park Community Center (also known as Lucy Avalos Community Center) (CIP 4011.67.007) as complete. Section 2. That the City Council authorizes the filing of Notice of Completion with the County Recorder's Office. Section 3. That the City Council authorizes the release of the 5% retention less withholding based on Stop Payments or remaining punchlist items, which at a later time may be released if Stop Payments and/or punchlist items are resolved. Section 4. That the City Council authorizes the Public Works Director to retain and/or release the labor compliance retention relating to Ed Rose Construction Inc. a portion of which is subject to release at a later date once a settlement is reached or amount directed by the Department of Industrial Relations to be released is issued; and to retain and/or release the liquidated damages subject to negotiation. Section 5. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 18th day of July, 2017. ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Noel Tapia City Attorney Maria T. Santillan-Bess Mayor Alma K. Martinez, City Manager APPROVED AS TO CONTENT: Raul Godinez, II Director of Public Works/City Engineer STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the day of , 20 , and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of -,20 City Clerk, City of Lynwood s RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AMENDMENT TO THE CONTRACT WITH CONTRACTOR COMPLIANCE INC. IN AN AMOUNT NOT TO EXCEED $18,795 TO CONTINUE TO ADDRESS THE- LABOR COMPLIANCE ISSUE ON THE PROJECT AND APPROVING AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $18,795 FROM THE GENERAL FUND WHEREAS, the City entered into a Grant Contract with the State of California Department of Parks and Recreation to receive $5 million in grant. funds under the Proposition 84 2006 Bond Act to construct the Yvonne Burke -John D. Ham Park Community Center (Community Center); and WHEREAS, one of the provisions under the Grant Contract is to adopt and enforce, or contract with a third party to enforce, a labor compliance program pursuant to subdivision (b) of the Labor Code Section 1771.5 for application to this public works project; and WHEREAS, on August 4, 2015, the City Council approved an Agreement with Contract Compliance and Monitoring, Inc. (CCMI) to provide a third party labor compliance program; and WHEREAS, on December 6, 2016, the City Council approved an amendment to the Agreement with Contract Compliance and Monitoring, Inc. (CCMI) in the amount of $25,000; and WHEREAS, there are pending labor compliance issues related to the project that require further assistance from CCMI, including a hearing that is set in July 2017 relating to Ed Rose Construction Inc.. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the City Council approve to amend the Agreement with CCMI in the amount not to exceed $15,000 and to extend the term of the Agreement. Section 2. That the City Council authorize the Mayor to execute an Amendment to the Agreement with CCMI in a form approved by the City Attorney attached hereto as Exhibit A. Section 3. That the City Council authorizes the additional appropriation from the General Fund (1011). in the amount of $18,795 to the Yvonne Burke -John D. Ham Park Community Center Project (CIP 4011.67.007). E Section 5. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 18th day of July, 2017. ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Noel Tapia City Attorney Maria T. Santillan-Beas Mayor. Alma K. Martinez, City Manager APPROVED AS TO CONTENT: Raul Godinez, II Director of Public Works/City Engineer 10 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the day of , 20 , and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of , 20 City Clerk, City of Lynwood 11 EXHIBIT A CONTRACT AMENDMENT TO CONTRACTOR COMPLIANCE AND MONITORING, INC. WHEREAS, the City of Lynwood and Contractor Compliance and Monitoring Inc. (CCMI), have entered into an Agreement, dated August 4, 2015, which Agreement sets forth the terms and conditions for providing labor monitoring compliance for the Yvonne Burke -John D. Ham Park Community Center (Project); and WHEREAS, the August 4, 2015 Agreement includes the proposal from CCMI, incorporating a Preliminary Fee Proposal/Cost and Price Summary; and WHEREAS, on November 24, 2015, the City Council approved to amend the August 4, 2015, Agreement with CCMI to provide additional fee payment amount; and WHEREAS, on December 6, 2016, the City Council approved to amend the August 4, 2015, Agreement with CCMI to provide additional fee payment amount of $25,000 to address the on-going labor compliance issues, for which resolution may go beyond the original end date of the construction, not including hearings; and WHEREAS, a settlement was no reached on June 22, 2017 on the matter regarding Ed Rose Construction Inc., which will necessitate a hearing on July 19, 2017 before the Department of Industrial Relations; and WHEREAS, CCMI is requesting an additional payment of $18,795 to cover costs related to the hearing; and WHEREAS, the Consultant is willing to continue service to the City without interruption. NOW, THEREFORE in consideration of mutual covenants and agreements hereinafter contained, the parties hereto do hereby agree as follows: 1. That Consultant will be compensated an additional $18,795 for services to provide labor compliance work pursuant to CCMI's proposal dated July 1, 2017. 2. All other terms and conditions of said Agreement dated August 4, 2015, shall remain unchanged and the City Manager is authorized to approve changes in contract price to conform to the Preliminary Fee Proposal/Cost and Price Summary provision of CCMI's proposal. Page 1 of 4 IN WITNESS WHEREOF, the parties hereto have executed this contract extension to the Professional Services Agreement this 18th day of July 2018. CITY: DATED: BY: DATED: DATED: CONSULTANT: DATED: BY: Maria T. Santillan-Beas Mayor City of Lynwood Noel Tapia City Attorney City of Lynwood Maria Quinonez City Clerk City of Lynwood IA Deborah Wilder President Contractor Compliance and Monitoring, Inc. Page 2 of 4 CON RA TOi OMP CE AND MONITORING, INC. Lorry Hempe City of Lynwood sent via email CONTRACTOR COMPLIANCE & MONITORING, INC. www.ccmilcp.com 635 MARINERS ISLAND BLVD., SUITE 200 - SAN MATEO, CA 94404 - P 650-522-4403 - F 650-522-4404 July 5, 2017 Re: Ed Rose- Additional fees for DIR Hearing Dear Ms. Hempe, This letter shall set forth my estimate of additional fees necessary to take this matter through a full Department of Industrial Relations hearing. The hearing is currently set for July 19, 2017. It is my opinion that there is currently sufficient funds in the current work order to deal with taking this matter through any settlement discussion which may occur between now and the hearing. Current authorizations will also be sufficient to prepare the Exhibit list and documentation to all parties, the Witness List and Statement of Issues. However, if the matter is not resolved, then I estimate the following additional costs and fees: $2,400 .8 hours x $300 - Witness preparation and hearing preparation 2 days of hearing: $4,800 16 hours x $300 DW $1,520 16 hours x $ 95 Lynda Dubas (Lynda as the analyst for this project is the key witness at the proceeding) $ 700 2 air fares (this assumes we are able to conclude the hearing in two back-to-back days and not have to make two separate trips to LA for a 2nd day of hearing) $ 400 Lodging for one night -2 rooms $ 200 Misc. travel- uber or taxi $3,000 Prepare and file brief from hearing 10 hours x $300 DW $ 475 LD Assist with documentation and preparation for brief 5 hours x$95 $2,400 Respond to cross briefs - 8 hour x $300 DW $2,400 Misc. time depending on requests of hearing officer for additional information or briefing of issues 8 hours x $300 DW $ 700 Misc. travel if hearing officer requires 2 separate days for the hearing Total: $18,795.00 This is a maximum cost, worst case scenario. Cal -City is contacting the Ed Rose workers to get the stop notices released and the workers paid. If this occurs or is likely to occur within the next few days, then my recommendation would be to continue the hearing in.hopes of settling the remaining outstanding matters and avoid the costs set forth above. It is also possible that if the matter was to go to hearing, that the hearing could conclude within one day (not likely if the stop notices are still a part of the matter) or that there is a less extensive briefing Page 3 of 4 schedule after the hearing itself that the true cost might be only $10,000. 1 am still hopeful that settlement will occur and these expenses can be avoided. Currently the City has assessed Ed Rose the sum of $27,260.00 in penalties. The City's position has been to require these penalties as a way to recoup some of the costs associated with the enforcement of the labor compliance on this project. Let me know if you require anything further. Sincerely, Deborah E.G. Wilder, Page 4 of 4 N RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE REPORT ON THE MODIFICATIONS, AMENDMENTS AND CHANGE ORDERS APPROVED BY THE CITY MANAGER FOR THE YVONNE BURKE-JOHN D. HAM PARK COMMUNITY CENTER (CIP 67-007) WHEREAS, on October 4, 2016, the City Council approved the award of contract to Cal -City Construction, Inc. for the construction of the Yvonne Burke -John D. Ham Park Community Center (Project); and WHEREAS, the Project has experienced delay in construction; and WHEREAS, LMC 6-3.15(d), allows the City Council by resolution to authorize the city manager to exceed the specific dollar amounts or percentage limitations under LMC 6-3.15(a); and WHEREAS, Lynwood Municipal Code (LMC) Section 6-3.15(f) requires the City Manager to report to the City Council on modifications and change orders every three months. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the City Council hereby accepts the report on the modifications, amendments and change orders approved by the City Manager for the Yvonne Burke - John D. Ham Park Community Center. Change Order/ Amendment Vendor Description Amount #1514Cal-City CMU Wall Revisions $4,529.86 #18 Cal -City Reroute electrical underground $6,805.77 #23 Cal -City 120 V Timer Installation for Exhaust Fan $1,619.99 #251 t Cal -City Installation of PV Disconnect Switch $2,638.95 LPA LPA Architectural $55,796 Smith Emery19 Smith Emery Materials Laboratory Testing $2,335 14 See Attachment 1 15 See Attachment 2 16 See Attachment 3 17 See Attachment 4 "See Attachment 5A & 513 19 See Attachment 6 12 Change Order/ Amendment Vendor Description Amount gkkworks2u gkkworks Construction Manager $54,400 #26 Cal -City Eliminate exterior lights ($1,969.92) #27 Cal -City Additional power receptacles at stage $3,596.93 #28 Cal -City Additional new signs & interior wall refinishes $7,037.06 #30z4 Cal -City 2 LCD keypad $1,127.29 #3125 Cal -City LEED Construction Review $965.06 #33 Cal -City Additional power switch for event pole light $555.89 Section 2. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 18th day of July, 2017. ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: 20 See Attachment 7 21 -See Attachment 8 22 See Attachment 9 23 See Attachment 10 24 See Attachment 11 25 See Attachment 12 26 See Attachment 13 Maria T. Santillan-Beas Mayor Alma K. Martinez, City Manager APPROVED AS TO CONTENT: 13 Noel Tapia Raul Godinez, II City Attorney Director of Public Works/City Engineer 14 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City. Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the day of 20 , and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing. is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of , 20 City Clerk, City of Lynwood 15 ATTACHMENT 1 ` CITY OF LYNWOOD DEPARTMENT OF PUBLIC WORKS - CONTRACT CHANGE ORDER Date: 1/25/2017 Contract Change Order. LYND 015R 1 Yvonne Burke -John D. Ham Pork Project Title: Community Center Resolution No.: 2015.193 Contractor: Cal -City Construction CIP No.: 401 1.67.007 Complete Sections (I) to (6) and sign. 1 Reason for Change Requirement of RFI 055, RFI #62 & Submittal #59 Review 2 Description of Change Additional Square Footage in CMU Wall Height Change per RFI 055 8 Submittal #59 Review Special Cut on CMU to Accommodate Steel Plate per RFI #62 3 Location of Change South/West Entry CMU Wall, Truss to Wall Connection & Garden Wall 4 Change in Contract Cost SUB EXTRA WORK $4,271.44 ATTACHED FILE+A1 SUB BREAK DOWN GC OVERHEAD & PROFIT 5% $213.57 BOND 1% $44.85 TOTAL $4,529.86 5 Extension of Contract number of days 0 6 New Contract Total including all Change Orders. (a) Original Contract Sum was......................................................................................... $ 4.650,000.00 (bJ Net Change by previously authorized change orders ................................................... $ 87,670.00 Change Order No. 1-14, 17, 19-21, 23-25 $ 87,670.00 Change Order No. Change Order No. (c) Contract Sum prior to this change order was(a+b)............................................... $ 4,737,670.00 (d) This Contract Change Order........................................................................................ $4.529.86 (e) The New Contract Sum including this change order (c + d) ......................................... $ 4,742,199.86 The changes or interpretations described and noted are hereby authorized. The signed original of this order is on file with City of Lynwood Public Works Department. Contractor. Cal -City Construction, Inc We. the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this is approved, that we will provide all supervision and equipment, furnish all material, and perform all services necessary for Me above specified work, including field and home office expense and will accept as full payment therefor the prces shown above. This Change Order represents complete compensation for all costs, direct and indirect, associated with the work and time agreed herein. including but not limited to, all costs incurred for extended overhead, disruption or suspension of work, labor inefficiencies, and the change's impact on the unchanged work. This Change Order becomes part of and in Conformance with the existing contract agreement. CAL -CITY CONSTRUCTION Approved: �" %' Date 1-2S-17 Woo S. Lim, President City of Lynwood l roc G Approved: �''- � Date Raul din z II, P. ^I it _ r gineer Approved: Date 2— 7, l/ 7 p— AP+ a City 10onager/Mayor CAL -CITY CONSTRUCTION 16605 Norwalk Boulevard Cerritos California 90703 Attention: John iohncalcityQg mail. com DESCRIPTION OF WORK C29. 758577 - Masonry 2634 Anna Street . Suite A Riverside . California . 92506,4503 09.1 1A1 rr)vl) CAV W1 rr)FA CHANGE ORDER REQUEST 08-23-2016 YBJDH Park Community Center 11832 Atlantic Avenue Lynwood Masonry Section LUMP SUM 1] Extra square footage due to change'in height pp: i -* 8:�; @ entry CMU wall - 117.00 sf @ $35.00 psf $ ev 2,100.00 Due'to exposed heights per civil exceeding 105- recommending add of 60 sf 2] Extra height due to change PE--/tE:--W @ garden wall - 88.00 sf @ $16.00 psf $ 1,408.00 3] Special cut on CMU to accommodate steel p1z, 46,1 - plate placement for roof structure Mason 'I.Q hours@ $53.46 = $855.36 Finisher -46-hours @ $41.97 = $671.52 $ --t-5 $763.44 8 hours TOTAL EXTRA $ —702988 $4,271-44 Questions? call Andy Schaffer. Cell. 951-3116.0237 No.: 055 Project: Yvonne Burke -John D. Ham Park Date Issued: 03/22/2016 Community Center 11832 Atlanta Ave. Lynwood, CA 90262 Contractor: Cal -City Construction Inc. Priority: Routine Phone: 562-404-4820, Fax: 562-404-4830 Expedite Contractor's Project No.: Urgent X (in accordance with Specifications Section 01040) Architect: LPA 5161 California Ave. Suite 100. Irvine, CA 92617 Architect's Project No.: 14105.10 References: Entry CMU Footing Drawings sheet(s): 52.01, S5.02 Spec Section / Paragraph(s): 03300 Description: 11 On 19/S5.02, top of Footing of Entry CMU is called out at 1'-0" minimum from FS. FS per C3.01 is 83.05 and will result to bottom of footing at 81.00. Please take note that the southwest side of footing will be exposed at least 9" above 81.25 FG base on that condition. Please see L3.1 and C3.01.The plan does not call out for a stepped footing. Please clarify. Below are the existing conditions and (N) conditions that affect the bottom of Footing. (N) Sewer Pipe 79.83 INV per 04.01, (N) SD Pipe @), 79.475 INV per 04.01 (E) Water Line @ 77.44, Existing Grade on top of Footing @,) 81.40, Bottom of over excavation e approx 78.40. 21 In addition, if the top of (N) lateral pipes are 12" below the footing, are sleeves required? Please advise. The length of the footing must be a minimum of V-0" below finished grade. The footing may be stepped per the attached sketch, SSK-003. The (E) water line need not be sleeved. Based on the bottom of footing depth the (N) 6" storm drain will Proposed Resolution: need to be sleeved and encased per detail 01/S4.01. If the top of the (N) sewer pipe is more than 8" below bottom of footing once stepped then a sleeve is not required otherwise provide the sleeve and fill per detail 01/S4.01. Ross Carter - kpff 03/24/2016 Architect's response: Reviewed and redirected. ❑ Request For Information Response Form(s) attached. By [Architect I Date Page I of I 0 / 24 / d-01 07 1�4.0 07 3.0 T/ MAT= - 0 ' -5" 09 / 7171 1<:xxxxxxx ------- -------------------- 05 3.0 H) PER DETAIL I-i;- -- -�- --.I- --I Z'37�W L7ZN7A4?,! (4) #7 EA FACE HORIZ SECTION AT LINTEL OF FOUNTAIN WAL #5 ® 16" OC - -- #5 ® 8" OC FINISHED SURFACE BY OTHERS #5 DOWEL 8" OC fy_a #5 ®18" OC ALTERNATE HOOK I '-- (5) #5 5'-0" CMU ENTRY WALL 1._�;`o,. I PAR TIAL PLAN 55.02 FINISH PER LANDSCAPE WHERE OCCURS J U i c cD � I w vrn n- FS 83.05 per C3,01 0- z_ o � I 0 0 ALTERNATE HOOK I '-- (5) #5 5'-0" CMU ENTRY WALL 1._�;`o,. I PAR TIAL PLAN 55.02 lot% 82.33 G IF ==t'F-- - ' , i zll T Z& G 82.85 1".,8% II II II o 82.27E ,I F"Y111 3.48FS 82.79F .59FS 8S 8 s 8�3.48FS1 11 1 83.01 FS •!,82 61 S (81.22 EG II II II 83.37FS 82.73FS II II II I I 82.93 S i (81.24 EG 1- 4 -1�- .......... 8.48FS till 11111 26F :-.-3.05F. 93.50TW Y 9 3.50TW .. ...... 81.25):F@l T83.37FS 0 �75 . ...... 50 82.85FS/ .......... ......... ........ 1 ... ...... ...... .... il-- 83.48FS 83-48FS ........... .......... -14�'$4.67TW 8334FS 8 .8c —8-3 . S A 1 2F ........... ........... ....... rnl $ j .I 06TC 1 /A\ r. A a-rf, PARTIAL PLAN C3.01 I '31NV 4"SD 80-51 -4wS- D on INV -(@) 8 4 > z 1D .941NV 6" SD'. OOINV 4"SD EQ. [11. 'J r,+ "D -P. NAIL ? r=ooting will b, partially exposed at this side and -nd ELEVATION OF WALL AND STAIRS FACING ATLANTIC AVE. j 01 PARTIAL PLAN L3,i Lacdscz Graphic 7161 c Irvine, I P 949 F 949 E loa@ v'J ,,, 7 7 - r,+ "D -P. NAIL ? r=ooting will b, partially exposed at this side and -nd ELEVATION OF WALL AND STAIRS FACING ATLANTIC AVE. j 01 PARTIAL PLAN L3,i Lacdscz Graphic 7161 c Irvine, I P 949 F 949 E loa@ v'J ,,, SSK-003 Ross Carter - kpff 03/24(2016 TOP BAR LAP PER N/A FOOTING TOP BARS WHERE D 2x; OCCURS TYF REINF TO MATCH SIZE AND SPACING OF FOOTING BOTTOM BARS — 2 x S BAR LAP " CLR TYP REINF TO MATCH SIZE AND SPACING OF FOOTING TOP BARS WHERE OCCURS S = V-6" MAX D = DEPTH OF FTG . FOOTINGSTEPPED 111=1. 1" ATTACHMENT 2 CITY OF LYNWOOD DEPARTMENT OF PUBLIC WORKS CONTRACT CHANGE ORDER Date: 1/4/20 16 Contract Change Order: LY ND 018R2 Yvonne Burke -John D. Ham Park Project Title: Community Center Resolution No.: 2015.193 Contractor: Col -City Construction CIP No.: 401 1.67.007 Complete Sections (1) to (6) and sign. 1 Reason for Change Direction From Architect 2 Description of Change Reroute Underground Conduits from Phase 1 to Phase 2 Install 2 New 3'x2'x3' Pull Boxes for Power 8 Data 3 Location of Change North West Corner of Building 4 Change in Contract Cost SUB EXTRA WORK $6,417.51 GC OVERHEAD 8 PROFIT 5% $320.88 BOND 1% $67.38 TOTAL $6,805.77 5 Extension of Contract (number of days) 0 6 New Contract Total including all Change Orders. (a) Original Contract Sum was......................................................................................... $ 4,650,000.00 (b) Net Change by previously authorized change orders ................................................... $ 48,482.34 Change Order No. 1,2,3,4,5,7,8,9,10,11,14 $ 48.482.34 Change Order No. Change Order No. (c) Contract Sum prior to this change order was(a+b)............................................... $ 4,698,482.34 (d) This Contract Change Order ......... .......................................................... :.................... $6,805.77 (e) The New Contract Sum including this change order (c + d) ......................................... $ 4,705,288.1 1 The changes or interpretations described and noted are hereby authorized. The signed original of this order is on file with City of Lynwood Public Works Department. Contractor: Cal -City Construction, Inc We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this is approved. that we will provide all supervision and equipment, furnish all material, and perform all services necessary for the above specified work, including field and home office expense and will accept as full payment therefor the prices Shown above. This Change Order represents complete compensation for all costs, direct and indirect, associated with the work and time agreed herein, including but not limited to. all costs incurred for extended overhead, disruption or suspension of work, labor inefficiencies, and the change's impact on the unchanged work. This Change Order becomes port of and In conformance with the existing contract agreement. CAL -CITY CONSTRUCTION / 1-4-17 Approved: ^y`,i Date Woo S. Lim, President City of Lynwood 1 q{ I � Approved: 1 fi!/i�f I Date Raul C,'odlnez II, P.E. Dir or at Pu S}ip,Mqrk'/'City Engineer ) f Approved: T/�sC ' �1� f r� Date �; i —' ,Alma K. Martinez City Manager/Mayor CHANGE ESTIMATE - COST BREAKDOWN JOB # Date: AOE CO # COSTS ASSOCIATED WITH THIS ADDITIONAL WORK ARE AS FOLLOWS: 1- 3'x2'x3' Underground Pull Box - 2/$4,910.00 2- Gravel - $68.55 3- 4- 5- 6- 7- 8- 9- 10 - EQUIPMENT 11- 12- 13- 14- 15 - Subtotal $4,978.55 Sales Tax Materials $472.96 Equipments Labor S70x12x+ 15=S966 Labor GRAND TOTAL51— $6,47 51 ATTACHMENT 3 CITY OF LYNWOOD DEPARTMENT OF PUBLIC WORKS CONTRACT CHANGE ORDER Date: 12/16/2016 Contract Change Order: L,!ND 023 Yvonne Burke -John D. Ham Poli Project Title: Community Center Resolution No.: 2015.193 Contractor: Col -City Construction CIP No.: 401 1.67.007 Complete Sections (1) to (6) and sign. 1 Reason for Change RFI D125R2 2 Description of Change 120 V Timer Installation for Exhaust Fon in the Maintenance Room 3 Location of Change 4 Change in Contract Cost SUB EXTRA WORK $1.527.57 GC OVERHEAD E PROFIT 57. $76.38 BOND 1% $16.04 TOTAL $1,619.99 Extension of Contract number of days) 0 6 New Contract Total Including all Change Orders. (a) Original Contract Sum was......................................................................................... $ 4.650.000.00 (b) Net Change by previously authorized change orders ................................................... $ 78.263.59 Change Order 140. 1,2,3,4,5,6,7,8,9.10,11,12,13,14,17 $ 78.263.59 Change Order No. 19,20,21 Change Order No, (c) Contract Sum prior to this change order was (a+b)...................................... ......... $ 4,728,263.59 ((ii This Contract ChangeOrder............. .................. .._...................... ........................... .... $1.619.99 (e; The clew Contract Sum including this change oraer (c * d) ......................................... $ 4.725.883.5$ The changes or interpretations aescribed and noted are hereby owhcuized. The signed original of this c,rder 6 on file with City of Lynwood Public Works Department, Contractor: Cal -City Construction, Inc We, the undersigned contractor have given careful consideration to the change proposed and hereoy agree. +r ttvs is approved. that we will provide all supervision and equipment. furnish all matenal, and perform all ser'.ices necessary for the above specified work, including field and home office expense and wdl accept as full payment inerefor the prices snown above. snit; Cnange Order represents cornplete compensation for oil costs. direct Ono indirect, GSSuOGted •.w}n the work and time agreed herein. including but not fimted to. oil costs incUffed for extended overhead, oisruption or suspension of work labor inefficiencies, anti the Change's impact on the unchanged work This Change? Order becomes part of and In conformance with the existing Contract agreement. CAL -CITY CONSTRUCTION_ f 'ir`i.z 12-22-16 Approved: Date Date Woo S. Lim. President City of Lynwood Arat:Jroved: 1 ' a Date l ' Raul Go iinez II, P.[ Direc of e�plj v or 'i y F.ncalneer a C,wCr.?r1: Date /, 17 1� ALM4 MAIQMae City Manager/Mayor SUBCONTRACTOR'S BREAKDOWN SHEET SUBCONTRACTORS PROJECT Yvonne Burke -John D Ham Park Community Center COu Prepared oy KD Kim Date 121912016 NO. ITEM DESCRIPTION OTY UNIT MATERIAL Davis-Ducon Waga wnringss RENTAL EQUIPMENT OWNED EQUIPMENT Unli Cost Total Cost Hours Hourly Total Cost Days Rato Total Cast Unit Cost ITotal Cast 1 00 2 00 300 SUBTOTAL 000 000 0 00 000 Faxes Ca, Matenai 3 Rental 0 M. 000 0 00% 000 Insurance Maxes t; Labor 000 TOTAL 000 000 000 000 TOTAL DIRECT COST 51 527 57 SUBCONTRACTORS' O.i P Included TOTAL SUBCONTRACTORS COST 51,527.57 ALPHA ONE ELECTRIC, INC. 730 Rosecrans, Gardena, CA 90247 Pit#: 310-579-5568 & 310-709-0162 email: altonso1730@yatloo.com C 10 Lic. # 919514 CHANGE ESTIMATE To. Cal -City Construction Inc. Date: 16605 Norwalk Blvd. Project: November 16, 2016 Cerritos CA 90702 GC Job # COR/RFI;# ATTN: K. D. Job # AOE CO It Gentlemen: This CHANGE ESTIMATE is a request for a CHANGE ORDER to your contract by reason of: Install 120v Timer for the Restroom Exhaust Fan in the NOTE Maintenance Room (16hrs x 1 man x $80/hr) + (15% 0. P) _ ;-72 51,28at cjp,'I,r clu; lr,r This CHANGE ORDERwill INCREASE your contract price in the amount of j—,_.�..�.. tax included. A cost breakdown follows on the next sheet We @wart your instructions and written authorization to proceed. A copy of this request is attached for your signature in the event you do not wish to use your own form Prices quoted are good only for days frorn the above date AOE standard exclusions and clarifications wdl apply unless otherwise noted. ACE is hereby granted working days for this CHANGE ORDER. Sincerely. Prepared by Alpha One Electric, Inc. Date ACCEPTED BY Name and Company Sign and Date. CHANGE ESTIMATE - COST BREAKDOWN JOB # Date: AOE CO # COSTS ASSOCIATED WITH THIS ADDITIONAL WORK ARE AS FOLLOWS: 1- 120v Electronic Timer - 1/$155.80 2- 3/4 EMT - 40724.00 3- 3/4 EMT Connectors - 2/$1.50 4- 3/4 EMT Couplings - 10/$4.00 S- 3/4 EMT 1 Hole/Straps - 2/$6.00 6- 4/s box - 2/$6.00 7- #12 Wire - 120/$26.40 8- 9- 10 - EQUIPMENT 11- 12- 13- 14- 15- Subtotal 1- 12- 13- 1a- 1s- Subtotal $218.70 Sales Tax Materials $20.87 Equipments Labor aw. GRAND TOTAL j$'! 527 ` +� ATTACHMENT CITY OF LYNWOOD 18,101"! Oki DEPARTMENT OF PUBLIC WORKS 0 CONTRACT CHANGE ORDER Dote: 12/30/2016 Contract Change Order: t Y 1,4 F) 1,25 Ovonn e Burke-Jonn D, Han) Park Project Title: Cornmunify Cewer Resolution No.: 1101 >.193 Contractor: C:71-Citv Const:ucfion CIP No. SeCT101-'s I!) To {b} arvi sign 1 Reason for Chan e Additional Request by SCE (2) Description of Change Installation of PV Disconnect Switch (3) Location of Change Main Switch Gear J11,Chan e in Contract Cost EXTRA WORK $2,488.40 GC OVERHEAD& PROFIT S% $124.42 BOND 1% $26.13 TOTAL $2,638.95 (5) Extension of Contract (number of days) 0 (6) New Contract Total Including all Change Orders. i 0,nanna' Contrac! Sufn wo . ...................................... ...................... . ... ............. e t C-nartge D-,, ore tous!y au!ho;zLc CI)cinge cr(_Iers........................... ....... nuc=geofder^:c1.2,3.4,5,6,7.8,9,10,11,12,13,14,17 0,oer ,To 19.20,21 C'n""rAge orcicar Nc) (c} ConT;acl Sut,., orioi !o change orr!er wa, j.a *"D) ...................................... ...... ",63.00 ........................... ......... ....... . ....... ... .. (el In NC -w Sun-, ncluclir-"Z; !"'J, crifAngC,, orclef !c d) ... ..... inn clev:rloel ano nolo;-( cre nerecv ouihon.,e:o ine ofrgk!IJ[ ,f lha,, S Ile w; in C-1,; of Lynwoocj Publ,c vrora s DeCarTfne nt Contractor: Cal -City Construction, Inc Coll YVJC,101 glven cxlreiul TO P'o,ae (0i ttxnls, all -es nB1ce-.,,,­jr,, fo, Tt',? 12U,01,,(,xr -Ic-I'laing, 5cd nno nc,re office e-oe,se arci -!i nccc-nt as fui! P; 7E.,% osi,, uifoc! r3r-: w) "of, ar ra v!i_- %Jgfeea ;Iefelll Oul r!'34 oii costs incunalci ,i eliyr<jeu nv "Cic n", in.-) tr,v impact on ink ,rsar'�o w0h It"e 1'acr nyr"_,ren! CAL-CUY CONSTRUCTION f Date Lrr", City of Lynwood Date Date ALPHA ONE ELECTRIC, INC. 730 Rosecrans, Gardena, CA 90247 Ph#: 310-579-5568 & 310-709-0162 email: allonso1730@yaiioo.com CIO Lic. # 919514 CHANGE ESTIMATE To: Cal -City Construction Inc. Date: December 27, 2016 16605 Norwalk -Blvd. Project: Cerritos CA 90702 GC Job # CORIRFI# ATTN: K. D. Job # ACE CO # Gentlemen: This CHANGE ESTIMATE is a request for a CHANGE ORDER to your contract by reason of: Add a 100a Disconnect for PV System Next to Man Switch. NOTE. (1 8hrs x 1 Man x $70/hr) + (%15 O.P.) = $1,449.00 This CHANGE ORDER will INCREASE your contract price in the amount of $2,488.40 tax included. A cost breakdown follows on the next sheet. We await your instructions. and written authorization to proceed. A copy of this request is attached for your signature in the event you do not wish to use your own form. Prices quoted are good only for days from the above date. ACE standard exclusions and clarifications will apply unless otherwise noted. ACE is hereby granted working days for this CHANGE ORDER. . Sincerely, Prepared by: Alpha One Electric, Inc. ACCEPTED BY Name and Company Sign and Date. Date CHANGE ESTIMATE - COST BREAKDOWN JOB # Date: AOE CO ## COSTS ASSOCIATED WITH THIS ADDITIONAL WORK ARE AS FOLLOWS: 1- 100a Disconnect - 1/$491.59 2- 80a Fuses - 3/$90.00 3- Butt Splices --3/$45.00 a- Butt Splice Insulation - 3/$36.30 �- #1 Wire- 120'/$262.80 �- 2" EMT - 10/$19.64 7- 2" EMT Connectors - 2/$3.90 8- s- 10 - EQUIPMENT t1- E i 12- 13- 14- is- Subtotal 2- 13- 14is- Subtotal $949.23- 949.23Sales SalesTax Materials $90.17 Equipments Labor $1.449.00 GRAND TOTAL $2,488.40 I ATTACHMENT 5A CONTRACT AMENDMENT fue LPA Inc. WHEREAS, the City of Lynwood ("City") and LPA Inc. ("Consultant"), have entered into an Agreement, dated January 21, 2014, which Agreement sets forth the terms and conditions for architectural services for the Yvonne Burke -John D. Ham Park Community Center ("Project"); and WHEREAS, the original compensation amount of the Agreement was in the amount not to exceed $295,000; and WHEREAS, on May 26, 2015, an additional $10,000 was approved for the addition of the solar panels to the project; and WHEREAS, Consultant's budget under the original Agreement has been exceeded due to the Project.delay caused by an extension of the construction completion date from September 22, 2016 to December 10, 2016; and WHEREAS, on June 19, 2016, the City Council approved for the City Manager to authorize change orders up to the contingency amount available for the Project (Resolution 2016.152). NOW, THEREFORE in consideration of mutual covenants and agreements hereinafter contained, the parties hereto do hereby agree as follows: 1. That Consultant will be compensated an additional $45,000. 2. That the Consultant shall be reimbursed in the amount of $129 for County of Los Angeles Health Department's plan check fee. 3. That the Consultant shall be reimbursed in the amount of $142 for underpayment under Invoice No. 74203. 4. That the additional compensation shall cover services as detailed in Consultant's October 11, 2016 proposal including urgent services already rendered including underground fire department plan check and re -design, health department reclaimed water plan check and later coordination with SCE. 5. That the services term shall continue to December. 30, 2016 or immediately thereafter or earlier depending on the construction completion. 6. All other terms and conditions of said'Agreement dated January 21, 2014, shall remain unchanged. IN WITNESS WHEREOF, the parties hereto have executed this contract extension to the Professional Services Agreement this 19th day of December, 2016. CITY: DATED: q DATED: 2 Vlly Ivwi 1"ke- City of Lynwood BY: V - David A Garcia City Attorney City of Lynwood DATED: 2/1-7 BY: Maria Quinonez City Clerk .City of Lynwood CONSULTANT: DATED: f I BY: 4Exe pper, AIA ve Officer LPAInc 14105.10/ SA 2, Rev. 1 ATTACHMENT 5B Mork 111"[fttr651*.67,1U*U11 TO LPA Inc. WHEREAS, the• City of Lynwood ("City'') and LPA Inc. ("Consultant"), have entered into an Agreement, dated January 21, 2014, which Agrees -gent s- is forth the towns and conr:Jinons for architectural services for the Yvonne Burke John D. Ham Park Community Center ("Project"), and WHEREAS, the original compensalion amount of the- Agreement was in the amount not to exceed $295.000: -incl WHEREAS. on May 26, 2015. an additional $10,000 was approved for the addition of the solnr panels to the project: and WHEREAS, the Los Angeles County Health Deparm nl an4.1 t'ri St[_Ite Water Resources Control Board requires lhe• City to comply with Title 22 and Title 17 resulting in additional work for Consultant: and WHEREAS, on January 17, 201 7, the City Council authorized the City manager to approve amendments, modificafions. or contract change orders to Consultants, vendors or cor lractors' agreements or contracts up to the available bul-Jgei amounl (Resolution 201 7.007). NOW, THEREFORE in consideration of mutual covenants and agreements hereinafter contained, the parties hereto do hereby agree as follows: I . That Consultant will be compensated an additional 10.2 77 [- -is Ct fixed (ee. 2. That Cc_ms[_lItant shall be reimbursed not to e:<ceeci `);250 for reimbursable expens(-:s 3. That Consultant shclll provi,Je updated dru'rsings (incl prnject rnr_tnngeme nt support to othtain underground plan cr1G'Clr' appro-✓ol [road i_os ange les County Health Deq-)crrlment and State VVh_-iter R, sources Curlh u! Bot::IrCs. ,r, Thai f: C)1"ill?�--Il5C1tlo1l at -)Ove illail ctlVr?I sp(Vice's (J,• ClJrr.d 11 Con',Ultant 's Profr-.s•-,ioncll Sc;rvices A.urharization dc;led lanuaty 19, 5. That the services terra shall conlinue to[,Vcr,-_-h �'21, `_'01', earlier or lare''r iEhentfinc) unn the approvcil tium this, f_[.ir, Anae!w`: Co inl �Iec:_alh D,:r.:urtrnent an'- tiit-:� Strife V^,'ater ReSouice-s Control Board All Vrhfi te'I ISI; i_i llc L.l)nCtltloll:, _. sCll'I AC71 ,---ef'nen' � 1i Il�:i I J f IL Ca n;: 21 _)C)! r. 3h ..l i! rF Ir -Cilli UIICht _111(;=4 IN WITNESS WHEREOF, tree parties hereto have executed this conticct extension to ,he Professional Services Agreement this 26" dray of J dnuary, 2017, CITY: DATED. DATED' 1-7 DAIED CONSULTANT: DATED: 1 L BY,- Alma K M , , 4e, City Manacler City of Lynwood BY� David A Gc-iicia' City Attorney City of Lyriwood BY: aria City clefk City of Lynwood 01 1/ BY: Robert 0 per, AIA, Chief Executive Officer LPA, Inc.. LPA # 14105.1 rJ PSA Pj DATED' 1-7 DAIED CONSULTANT: DATED: 1 L BY,- Alma K M , , 4e, City Manacler City of Lynwood BY� David A Gc-iicia' City Attorney City of Lyriwood BY: aria City clefk City of Lynwood 01 1/ BY: Robert 0 per, AIA, Chief Executive Officer LPA, Inc.. LPA # 14105.1 rJ PSA Pj 11PA OOQ0000011sio PROFESSIONAL SERVICES AUTHORIZATION Client: CITY OF LYNWOOD 11330 Bullis Road Lynwood, CA 92062 Attn: Lorry-Hempa : -- . I - . - I Email: lhefrpe I nwogd.ca.us- Phone: 3101603-0220 Project No.: 14105.10 Date: January 19, 2017 Project: Ham Park Phase It Expenses. Contract Total: Location: Lynwood PSA No.: 6 LPA Office: Irvine Issued By: L. Engels Client Contract: $336.000.00 LPA PIC: James Wirick Client Job No.: 510,275.00 License #:: C15598 LPA Contracts: Zilka Ayala LPA PM: Lindsey Engels Execution of this document will confirm your request for professional services. Please refer to the 'Terms and Conditions' of the Professional Services Agreement between City of Lynwood, California and LPA. Inc., dated January 21, 2014 for additional Information. The 'Terms & Conditions' are a part of this Agreement. The Project is generally described as: Architectural and Engineering services es for - the Yvonne Burke and John D, - Ham Park Community Center located in Lynwood, CA. LPA will provide: 0 New Services M Additional Services 0 Revised Scope of Services Services shall Include: Provide updated drawings and project management support to obtain underground I pian Ian checi( approval from LA County Health be partme nt- Services shall commence upon receipt of a signed copy of this document and a retainer in the amount of $0.00 and shall be completed., Pursuant to project schedule. LPA shall be compensated for these services as indicated below. Unless otherwise noted below, neither Consultant Costs nor Project Expenses are included in the LPA ree and shall be reimbursed to LPA per the Terms and Conditions' of the Professional Services Agreement between City of Lynwood. California and LPA, Inc.. dated 01,121/2014. The Terms and Conditions' are pan of this Agreement. Fee: Fixed Fee $t0,275A)0 Reirrioursable Exoenses: Maximum $250.00 The following consultants shall provide services for this scope of services: KPFF - Civil Special Conditions None Contract status: Services: Expenses. Contract Total: Original Contract Amount: $283,000.00 $12.000 00 $295,000.00 Total of Previous Addenda $55—0MG0 $271 00 , - — $55,271.0.0 Previous Totals: $336.000.00 $12,27-1.00 $3,-5,0,271.00 This PSA Amount: 510,275.00 $250.00 $10,525.00 New Fee Totals $346,275.00 $12,521.00 $360,796.00 Client Authorized Signaturo Date LPA Authori nature Date Azl-- January 19, 2017 Aidhoozed Signer Jim W1rJc , A EED041 AP AP, Principal Please roll irn on- fully exocuted copy !o LPA. Iric at 5161 Calitornia Avenue. Suitq too, Irvine. CA 92617 rel 9,19 261 1001 Fax: 949.260.1 190 - , 4 , At. , . , �� , - `� , - . Y , . - � : . ZW m City of Lynwood PURCHASE ORDER AMENDMENT Fx BLANKET P.O.- REGULAR P.O. PURCHASE ORDER #: 06-006152 VENDOR NAME: Smith Emery Laboratories ORIGINAL P.O. AMOUNT: $14.525 Account Number 4011.67.007.62015 $ 4,120 Current Balance NEW PURCHASE ORDER TOTAL: $ 29.755 DESCRIPTION: Additional 10% approved per agreement Previous Amendments $12,525 Current Amendments $ 2,705 DEC13 ' 1:50PM 11330 Bullis RD Lynwood, CA 90262 (310) 603-0220 VENDOR: 007918 SMITH EMERY LABORATORIES 781 E. WASHINGTON BLVD. 2ND FLOOR LOS ANGELES, CA 90021 FOB Point: Terms: A/P Special - See PO Req Dei Date: Contract No: Special Inst: Page 1 / 1 DATE PO NUMBER 7/1/2016 06-006152 SHIP TO: LYNWOOD CITY HALL 11330 BULLIS ROAD LYNWOOD, CA 90262 Req. No: 017405 Dept: PUBLIC WORKS Contact: LORRY HEMPE Confirming? No Quagm Unit Description Unit Price Ext Price BLANKET PURCHASE ORDER laboratory materials testing and 14,525.00 inspection for items such as concrete and masonry for the Ham Park Community Center construction project Funding Source: Prop 84 POA -COUNCIL APPROVED RESOX2016.142 12,525.00 "PAYMENT IS MADE TO VENDOR.45 DAYS FROM RECEIPT OF INVOICE." "VENDOR,MUST COMPLY WITH ALL APPLICABLE CITY OF LYNWOOD MUNICIPAL CODE PROVISIONS AND CITY REGULATIONS. ALL VENDORS DOING BUSINESS WITH THE CITY AND ANY OF ITS AGENCIES MUST HAVE A VALID CITY OF LYNWOOD BUSINESS LICENSE BEFORE ANY CONTRACTS OR PURCHASE ORDERS ARE AWARDED. ALL RETAIL VENDORS LOCATED IN LYNWOOD MUST HAVE A VALID SALES TAX PERMIT WITH A LYNWOOD ADDRESS." SUBTOTAL 2T050.00 BILL To: CITY HALL 0.00 11330 BULLIS ROAD FREIGHT 0.00 LYNWOOD, CA 90262 TOTAL 27,050.00 Account Number Amount Account Number Amount E 4011.67.007.62015 27 050.00 City Manager VENDOR COPY DI or of Public Works RESOLUTION. 2016.142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE AMENDMENTS TO THE AGREEMENTS WITH SMITH - EMERY LABORATORIES FOR MATERIALS TESTING AND CONVERSE CONSULTANTS FOR SOILS TESTING FOR THE YVONNE BURKE-JOHN D. HAM PARK COMMUNITY CENTER WHEREAS, on July 7, 2015, the City Council approved the plans and specifications for the Yvonne Burke -John D. Ham Park Community Center (°Project; and WHEREAS, on October 20, 2015, the City Council awarded the construction of the Project to Cal -City Construction ("Contractor) as the lowest responsible bidder, and WHEREAS, on November 25, 2016, the City issued a nonce to proceed with the construction of the Project to the Contractor to proceed effective December 1, 2015; and WHEREAS, the City under the City Managers purchasing authority of engaged the services of Converse Consultants to provide geotechnical inspection and testing services and the services of Smith -Emery Laboratories to provide materials testing and inspection; and WHEREAS, the City under the City Managers purchasing authority engaged the services of Converse Consultants to provide geotechnical inspection and testing services and the services of Smith -Emery Laboratories to provide materials testing and inspection; and WHEREAS, Converse and Smith -Emery's time and material budgets under the original agreements have been exceeded due to the delay in the Contractor's progress and scheduling. NOW, THEREFORE, THE CITY COUNCIL OF. THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS: Section 1. The City Council approves to amend the agreements with Converse Consultants and Smith. Emery Laboratories in the amounts below and extend the term to the completion of the Project. W Converge Smith -Emery Original Contract $ 14,975 $ 14,525 Proposed Amendment 17,958 12,525 Revised Contract Amount 32,933 1 27,050 W Section L. That the City Council finds by way of a 4/5ths vote of its members that such acquisition of services may be more economically and efficiently effected through the use of an alternate procedure. Section 3. The City Council authorizes the Mayor to sign the amendments to the Agreements with Converse Consultants and Smith Emery Laboratories in a form approved by the City Attorney. Section 4. That the City Council authorizes the City Manager to approve additional services up to 10% of the revised contract amounts. Section S., That this Resolution shall take effect immediately upon its adoption. Section S. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED and ADOPTED this 5" day of July, 2046. ATTEST: 'M4 ria Quinonez, City Clerk APP=TO FO M: David A. Garcia, City Attorney T"/--- /-/-o Edwin Hemandez, Mayor J. Arnoldo Beltran, City Manager. .APPROVED AS TP CONTENT: rqoMlyl,l,-� Raul Godinez ll, .E., Director of Public Works /City Engineer 2 STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) t, Maria Quifionez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adol)ted by the City Council of the City of Lynwood ata regular meeting held on the V day of July, 2016, and passed by the following vote: AYES: COUNCIL MEMBERS ALATORRE, SOLACHE, CASTRO AND HERNANDEZ NOES: NONE ASSENT: NONE ABSTAIN: NONE -ewe, Maria Quitionez, City Cie �MIX I STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) SANTILLAN-®EAS, , Maria Quifionez, the undersigned, City Clerk of the City of Lynwood, and the. Cleric of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2016.142 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this Ss' day of July, 2016. ATTACHMENT 7 CONTRACT AMENDMENT TO gkkworks WHEREAS, the City of Lynwood ("City") and gkkworks ("Consultant"), have entered into an Agreement, dated August 18, 2015, which Agreement sets forth the terms and conditions for construction management and inspection services for the Yvonne Burke -John D. Ham Park Community Center ("Project"); and WHEREAS, the original compensation amount of the Agreement was in the amount not to exceed $268,200; and WHEREAS, Consultant's budget under the original Agreement has been exceeded due to the Project delay caused by an extension of the construction completion date from September 22, 2016 to October 30, 2016; and WHEREAS, on June 19, 2016, the City Council approved for the City Manager to authorize change orders up to the contingency amount available for the Project (Resolution 2016.152). WHEREAS, on August 30, 2016, an amendment to the Agreement was approved in the amount of $41,250 to extend the services to October 18, 2016; and WHEREAS, the construction has been delayed beyond October 18, 2016; and WHEREAS, on January 17, 2017, the City Council authorized the City Manager to approve amendments, modifications, or contract change orders to consultants, vendors, or contractors' agreements or contracts up to the available budget amount pursuant to LMC 6-3.15(d) NOW, THEREFORE in consideration of mutual covenants and agreements hereinafter contained, the parties hereto do hereby agree as follows: I.. That Consultant will be compensated up to $54,400 in additional amount. 2. That the additional compensation shall cover the construction manager and inspection services to the completion of the construction of the Project including closeout of the Project. 3. That the term of the Agreement is extended to May 1, 2017 or until the project acceptance. 4. All other terms and conditions of said Agreement dated August 18, 2015, shall remain unchanged. Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this contract extension to the Professional Services Agreement this 7th day of February 2017. CITY: 04AII X DATED: A ma K. Martinez ` City Manager City of Lynwood DATED: 1�� BY: VN� ---4 4� . David A Garcia City Attorney City of Lynwood � /-4�- 6 2, � � e- (— DATED: ®� , / BY: Maria Quinonez City Clerk City of Lynwood CONSULTANT: DATED: / ' t BY Mike Helton gkkworks Page 2 of 2 g kkwork- i 2 55 Main Str R 15U,U 220 t W..I Cc 8254 9.9 :_c ,sao Ixa na:rm r;,x I •xriu:.q:;f;_ a&smm February 7, 2016 Mr. Raul Godinez Il, P.E. Director of Public Works/City Engineer City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Subject: Yvonne Burke -John D. Ham Park Community Center Project Request for Contract Amendment for Construction Management Services for gkkworks Dear Mr. Godinez II, gkkworks has prepared this letter to request a Contract Amendment for our services for the Yvonne Burke -John D. Ham Park Community Center Project. gkkworks has provided services in accordance with our Construction Management and Inspection Services agreement dated 8/18/15. gkkworks' original agreement provided for 9 months of construction management (CM) and inspection services and 1-2 months of close-out services. With a construction start date of 12/1/15, and revised, anticipated Substantial Completion date of 12/19/16, the construction duration has extended to 12.5 months. An amendment was issued to gkkworks on 9/8/16, extending construction services to 10/30/16, for a total of 11 months of construction with a subsequent 1-2 months of Close-out services. The continued delays by Cal -City Construction extended the construction with a Substantial Completion of 1/12/17 and additional punchlist work ongoing in February and March. Per the original agreement, the total fee. was $26.8,200 with a monthly fee during construction of $25,600 per month, including CM services on site 3 days per week as well as inspection services on site 5 days per week. To minimize cost impacts to the City during the delay period from 9/22/16 to 10/30/16, gkkworks modified the amount of inspection services to 3 days per week at 4 hours per day. For the construction occurring after 10/30/16, and pursuant to discussions with the City, gkkworks continued construction management services on site 3 days per week while Cal -City worked to achieve Substantial Completion. Gkkworks is requesting a second Amendment to cover the extended CM services from 10/31/16 through the Substantial Completion date of 1/12/17 and additional CM services through completion of the Project, including Project Closeout. Based on the approach noted above, the Proposed Fee to extend the construction - management services through Substantial Completion of January 12, 2017, and additional Project Closeout is $54,400. We look forward to being of service. Should you have any questions or require additional information, please don't hesitate to contact me at (949) 370-9347. Sincerely,, Kimberly Harvey, P.E. Sr. Construction Manager gkkworks ATTACHMENT 8 CITY OF L 0 DEPARTMENT OF PUBLIC PUBLIC WORKS CONTRACT CHANGE ORDER Date: 1/10/2017 Contract Change Order. LYND 026 Yvonne Burke -John D. Nam Park Project TM*: Community Center Resolution No.: 2015.193 Contractor. Col -City Construction CIP No.: 4011.67.007 Complete Sections (I) to (6) and sign. 1 Reason for Change ElIntinaltna ExhWor Lights 2 D*scirforlon of Chan e EffnAnaflng Exferlar Light Type 512 Rxhwe 3 Location of Change Main Entry 4 ChIn Contract Cost Wan ($1,969.92) GC OVERHEAD i PROFIT 5% $0.00 BOND 1% $0.00 TOTAL $1,969.92 5 Extension at Contract number ofdays) 0 6 NewConttoetTotal Includrig a0 Chomm Orders. (a) Original Contract Sum was......................................................................................... $ 4,650,000.00 (b) Net Change by previously authorized change orders ........:.......................................... $ 83,411.30 Change Order No. 1,2,3,4,5,6,7,8,9,10,11,12,13,14,17 $ 83,411.30 Change Order No. 19,20,21,24 Change Order No. (c) Contract Sum prior to this change order was(a+b)............................................... $ 4,733,411.30 (d) This Contract Change Order........................................................................................ ($1,969.92) (e) The New Contract Sum including this change order (c + d).,,,,,,,,, $ 4,731,441.38 The changes or interpretations described and noted are hereby authorized_ The signed original of this order is on file with City of Lynwood Public Works Deportment. Contractor: Cal-CRy Construction, Inc We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this is approved. that we will provide all supervision and equipment, furnish all material. and perform all services necessary for the above specified work, including field and home office expense and will accept as full payment therefor the prices shown above. This Change Order represents complete compensation for all costs, direct and indirect, associated with the work and time agreed herein, including but not limited to, all costs incurred for extended overhead, disruption or suspension of work. labor inefficiencies, and the change's impact on the unchanged work. This Change Order becomes part of and in conformance with the existing contract agreement. CAL -CRY CONSTRUCTION Approved: Date 3 - 1 6 - 1 Woo S. Lim, President_ City of Lynwood r—JOA�� 2 n, • 1 Approved: Date, Raul G d'nez II, .E Direc b r Approved: Dat Alma K. Martinez LNty r ALPHA ONE ELECTRIC, INC. 730 Rosecrans, Gardena, CA 90247 Ph#:310-579-5566 & 310-709-0162 email: alfonso1130@yahoo.com C10 Lic.#919514 CHANGE ESTIMATE To: Cal -City Construction InC. Date: 16605 Norwalk Blvd. Project: Cerritos CA 90702 GC Job # ATTN: K. D. Job # Gentlemen: Janurary 5, 2017 Yvonne Burke COR/RFI# AOE CO # This CHANGE ESTIMATE is a request for a CHANGE ORDER to your contract by reason of: Credit for 3 Type 512 Fixtures (12hrs x 1 man x $70/hr)+.15%0 O.P. = $966.00 NOTE - This CHANGE ORDER will INCREASE your contract price in the amount of - $1 , 969.92 tax included. A cost breakdown follows on the next sheet. We await your instructions and written authorization to proceed. A copy of this request is attached for your signature in the event you do not wish to use your own form. Prices quoted are good only for days from the above date. AOE standard exclusions and clarifications will apply unless otherwise noted. AOE is hereby granted working days for this CHANGE ORDER. Sincerely, Prepared by: Alpha One Electric, Inc. ACCEPTED BY: Name and Company Sign and Date. Date CHANGE ESTIMATE - COST BREAKDOWN JOB # Date: AOE CO # COSTS ASSOCIATED WITH THIS ADDITIONAL WORK ARE AS FOLLOWS: 1- Type 512 Fixture - 3/$816.00 2- 3/4 PVC Conduit - 60'/$13.38 3- 3/4 PVC 90 - 5/$4.10 4- 3/4 PVC Couplings - 5/$1.75 5- #10 Wire - 480'/$81.60 6- EQUIPMENT 11- 12- 13- 14- 1s - Subtotal $916.83 Sales Tax Materials $87.09 Equipments Labor $966.00 GRAND TOTAL $-1,969.92 Wholesale Electric Co. 17120 Edwards Road, Cerritos, Ca. 90701 Q1027161 (562) 404-7710, Fax (562) 926-0104 htta://Www.WaltersWholosale.com PAGE NO. 1 of 1 Customer: Alpha One Electric Yvonne Burke/John Hamm Park QUOTE DATE SHIP VIA F.O.B. DATE REQUIRED TERMS TAX RATE October 27,2016 FACTORY NET 30 9.00% Type DESCRIPTION QTY UNIT PRICE UNIT EICIM EXTENSION S12 BK Lighting #H P2-LED-TR=X45-NFL-BPZ-11-12-D31 INC -MT -AH flush ingrade LED landscape light 3 $272.00 E $816.00 SPECIAL INSTRUCTIONS SUBTOTAL $816.00 $73.44 TOTAL $889.44 ATTACHMENT 9 CITY OF LYNWOOD DEPARTMENT OF PUBLIC WORKS CONTRACT CHANGE ORDER Date: 1/20/2017 Contract Change Order: LYND 027 Yvonne Burke -John D. Ham Park Project Title: Community Center Resolution No.: 2015.193 Contractor: Cal -City Construction CIP No.: 401 1.67.007 Complete Sections (1) to (6) and sign. 1 Reason for Change Owner's Request 2 Description of Change Additional Power Rec etactes at Stage 3 Location of Change Stage 4 Change in Contract Cost EXTRA WORK $3,391.73 GC OVERHEAD S PROFIT 5% $169.59 BOND 1% $35.61 TOTAL $3,596.93 5 Extension of Contract number ofdays) 0 6 New Contract Total including all Change Orders. (a) Original Contract Sum was......................................................................................... $ 4,650,000.00 (b) Net Change by previously authorized change orders ................................................... $ 83,41 1.30 Change Order No. 1,2,3,4,5,6,7,8,9,10,11,12,13,14,17 $ 83,411.30 Change Order No. 19,20,21,24 Change Order No. (c) Contract Sum prior to this change order was(o+b)............................................... $ 4,733,41 1.30 (d) This Contract Change Order........................................................................................ $3,596.93 (e) The New Contract Sum including this change order (c + d) ......................................... $ 4,737,008.23 The changes or interpretations described and noted are hereby authorized. The signed original of this order is on file with City of Lynwood Public Works Department. Contractor: Cal -City Construction, Inc We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this is approved. that we will provide all supervision and equipment, furnish all material, and perform all services necessary for the above specified work, including field and home office expense and will accept as full payment therefor the prices shown above. This Change Order represents complete compensation for all costs. direct and indirect, associated with the work and time agreed herein, including but not limited to, all costs incurred for extended overhead, disruption or suspension of work, labor inefficiencies. and the change's impact on the unchanged work. This Change Order becomes part of and in conformance with the existing contract agreement. CAL -CITY CONSTRUCTION Approved: _'= r= a" 1 ' Date 2-1-17 Woo S. Lim, President City of Lynwood \ ,,i Approved: i��y` i/(J% -r�.- Date Rau1'Godi ez II, P.E.' Di ct I k Engineer Approved: Date . , i o r .11 City Manager/Mayor SUBCONTRACTORS: PROJECT:Yvonne Burke -John D. CO# SUBCONTRACTOR'S BREAKDOWN SHEET Ham Park Community Center Prepared by: KD Kim Date: 12/9/2016 NO. ITEM DESCRIPTION QTY UNIT MATERIAL Davis -Bacon Wage wdfringes RENTAL EQUIPMENT I OWNED EQUIPMENT Unit Cost Total Cost Hours Hourly Total Cost Days Rate ITotal Cost jUnit Cost ITotal Cost 1.00 2.00 3.00 SUBTOTAL 0.00 0,00 0.00 0.00 Taxes @ Material & Rental 0.00% 0.00 0.00% 0.00 Insurance &Taxes @ Labor 0.00 TOTAL 0.00 0:00 000 0.00 TOTAL DIRECT COST $3,391.73 SUBCONTRACTORS' O & P (%) Included TOTAL SUBCONTRACTORS COST $3,391.73 730 Rosecrans, Gardena, CA 90247 Ph#:310-579-5566 & 310-709-0162 email: altonso1730@yahoo.com C10 Lie. # 919514 CHANGE ESTIMATE To: Cal -City Construction Inc. Date: January 3, 2017 16605 Norwalk Blvd. Project: Yvonne Burke Cerritos CA 90702GC Job # ATTN: K. D. . Job # COR/RFI# ACE CO # Gentlemen: This CHANGE ESTIMATE is a request for a CHANGE ORDER to your contract by reason of: 36 Add 2 Receptacles at the east MCU wall of the stage (1.2- Firs x NOTE- 1 Klan x $70/hr) + (15%0.P.) = This CHANGE ORDER will INCREASE your contract price in the amount of s3,391.73 tax included. A cost breakdown follows on the next sheet. We await your instructions and written authorization to proceed. A copy of this request is attached for your signature in the event you do not wish to use your own form. Prices quoted are good only for days from the above date. AOE standard exclusions and clarifications will apply unless otherwise noted. AOE is hereby granted working days for this CHANGE ORDER. Sincerely, Prepared by: Alpha One Electric, Inc_ Date - ACCEPTED BY: Name and Company Sign and Date. CHANGE ESTIMATE - COST BREAKDOWN JOB # Date: AOE CO # COSTS ASSOCIATED WITH THIS ADDITIONAL WORK ARE AS FOLLOWS: 1- 3/4 PVC - 130'/$35.10 2- 3/4 PVC Connectors - 8/$4.00 3- 3/4 PVC 90 - 8/$8.80 4- 3/4 PVC Riggit - 20'/$36.00 5- Bell Box - 3/$28.00 6- Bell Box Cover Lockalle - 2/$168.00 7- GFI - 2/$50.00 8- #10 Wire - 450'/$99.00 9- Can of Glue - 1/$12.00 10- 20 Mill Roll - $10.00 EQUIPMENT 11- 120' of Trenching Per Alfonso, costs include boring under the walkway - KH 1/311,17 Subtotal $450.90 Sales Tax Materials $42.83 Equipments Labor GRAND TOTAL $3,391.73 W6, 6—'L - id ^viCCT is C] I --------- ---- 7 — ------ .1 ----- -- ----- ------------ W6, 6—'L - id ^viCCT is C] I ATTACHMENT 10 CITY OF LYNWOOD DEPARTMENT OF PUBLIC WORKS CONTRACT CHANGE ORDER Date: 1/25/2017 Contract Change Order. LYND 028 Yvonne Burke -John D. Ham Park Project Title: Community Center Resolution No.: 2015.193 Contractor. Cal -City Construction CIP No.: 4011.67.007 Complete Sections (1) to (6) and sign. 1 Reason for Change Owner's Request 2 Description of Change Additional New Sings b Interior Wall Refinishes 3 Location of Change Exterior IL Interior ARAa in Contract Cost EXTRA WORK 6,635.61 GC OVERHEADb PROFIT 5% $331.78 BOND 1% $69.67 TOTAL $7,037.06 5 Extension of Contract number of days) 0 b New Contract Total including all Change Orders. (a) Original Contract Sum was......................................................................................... $ 4,650,000.00 (b) Net Change by previously authorized change orders ................................................... $ 87,670.00 Change OrderNo. 1-14,17,19-21,23-25 $ 87,670.00 Change Order No. Change Order No. (c) Contract Sum prior to this change order was(a+b)............................................... $ 4,737,670.00 (d) This Contract Change Order........................................................................................ $7,037.06 (e) The New Contract Sum including this change order (c + d) ......................................... $ 4,744,707.06 The changes or interpretations described and noted are hereby authorized. The signed original of this order is on file with City of Lynwood Public Works Department. Contractor. Cal -City Construction, Inc We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this is approved, that we will provide all supervision and equipment, furnish all material, and perform all services necessary for the above specified work, including Held and home office expense and will accept as full payment therefor the prices' shown above. This Change Order represents complete compensation for all costs. direct and indirect, associated with the work and time agreed herein, including but not limited to, all costs incurred for extended overhead, disruption or suspension of work, labor inefficiencies, and the change's impact on the unchanged work. This Change Order becomes part of and in conformance with the existing contract agreement. CAL -CITY CONSTRUCTION Approved: Date 2-6-17 Woo S. Lim, PresiderlL City of Lynwood KV�WAI��, Approved:- Date fiauir7odinez II, P. . D"re o P I" Cit Engineer -7 Approved: Date ` 17 Alma K. Mart nk City Manager/Mayor Vomar Products, Inc. • 7800 Deenng Ave • Canoga Park, Ca. 97304 • heI 818 670-57750 Fax 818 67015123 Architectural Signing and Graphics • www. vomarProducrs.com • e-mail. info0vomarproducts.corn VOKAR Products, Inc. To: Isaac Kim Cal -City Construction, Inc. 16605 Norwalk Blvd. Cerritos, CA 90703 (562) 404-4820 r s si i tt al Date: Monday, January 30, 2017 Work Order # S10SS From: Julie O'Sullivan VOMAR Products, Inc. Planning Department P: (818) 610-5115 x 18 F: (818) 610-5123 Julie0vom aroroducts. com Job Name: Order Number: John Ham Community Center S10ss Subject: Quote for New Signs per Name Change: Email 1/30 Number of items: C� Shop drawing I LXAFor approval sam le For your files X ICOR 04.1 1 X lAs requested Isaac, Please see attached COR 04.1 as requested for your review and approval. We will be. preparing the Exterior Sign drawing for yoru review and approval. Your prompt approval is appreciated so we can update our billing accordingly. Thank You, Julie O'Sullivan Planning Department Vomar Products, Inc. NOTE: Every information/details provided in this Change Order should be reviewed thoroughly.This submittal is deemed final once approved. Any changes made by the approving party on the approved submittal if it incurs additional / deductive cost shall be a change order. Please ensure that we get the REVIEW COMMENTS or APPROVAL TO PROCEED WITH FABRICATION as soon as possible. Late receipt of a response to any submittal (i.e. shop drawing, color, prototype, RFI, etc.) will delay the release of a complete shop drawing to fabrication. Our standard fabrication leadtime is 8 -12 wks from the receipt of the last requested submittal response. if your project is fastracked , an expedite fee will apply. Expedited projects has a fabrication leadtime of 2- 6 wks min. from the receipt of the fast requested submittal response . Both these leadtimes are dependent on the size / scope of the project and the availabilty of materials. Exterior & Interior Signage . Dgital Imaging . Column Co"m . Illuminated & Non -illuminated Directories - Custom Fabricated Graphics COR 04.1 - New Replacement Signs - Name Change 1 of 2 1/31/2017 - KS Pn°�`t Yvonne Burke -John Ham Community tatTlw9ub�eroacbr: VornarProduehInc. CHANGE ORDER REQUEST: 4.1 CHANGES STEMMING FROM: Quote for New Signs per Name Change: Center Email 1130 Wprk ptpjep6 51055 Company. CRI-City Construction TRIGGERING Phone CRIT 000: AIM.: lanae Klin 1/30/2017 Verner SIGN INFO Ret CITY Unit UNIT PRICES TOTALS L-imm TOTAL ch I-Oeacdpaxn Item# Lab. NatMtl Equipment Labor Material Equipment Tow S 8,155.61 Type y - 6thlla NAR SI an , S" call x 1" deep brushed solid aluminum channel letters pin mounted to wall surface. Patch, Paint and repair walls by others. Remove 11 letters (Yvcnne Naw Burke) and install new. 565aereac newletter. minimum orderof 10new 10 $10250 $17.50 265.00 i 176.00 S 850.00 S - S 1,026.00 letters IF ALL SIGNS REMOVED AND INSTALLED AT THE SAMETIME.(Estimate showing cost for 10 letters.l EXCLUDES ALLPATCH®REPAIR P - E1�tlor aHr:11 15'-01/4"w x 2'-8"h x 1/4" thk w/ 161/4•w x 2'-W*h return, aluminum w/ New engraved and filled copy, wall Mounted. IF ALL SIGNS REMOVED AND 1 53,240.00 5665.00 52,375.00 - S 866.00 S 6.375.00 f - S 3,740.00 ' INSTALLED AT THE SAME TIME. - Oty=1 ENGINEERING - Concrete design i engineering calculations) if required. E $ S S naw ornlpon K fa4alrad 1 $145.00 S - $ 145.00 $ - S 145.00 EXPEDITE COSTS -25%of nudwialn $ - R1P CHARGE! LOAD s DELIVERY f TRANSPORT 2 S275.00 S S 550.00 S S 550.00 TOTAL SUBCONTRACTOR DIRECTS -SELF PERFORMED f 1,040.00 f 7,820.00 8 7 4,960.00 TOTAL SUBCONTRACTOR DIRECTS -TAX 7 273.90 Lobar Mwkup 16% S 156.00 S 156.Oo abn Mmku 1 3 63.04 e of enc Marku /5% S s - 8U O A SURC004TRACTON CHANGE ORDER AR P- ON a PERFOR O ru 6 4&04 .04 BOND COSTS 1.50% S 90.37 Tn qn Mabriala 8% S 313.60 A SUBTOTAL SUBCONTRACTOR AMOUNT - SELF-PERFORMED WORK - f 1 196.00 f 563.OI f f 6 155.61 Cdi W.1 -Nor RepiemnarR sign -Hama CNnpe z 0z I.,=" - EOG 1 0 IMMUMMUNIMMUM To wale. In•=r-o• comer reNm 0-6n—V12%, ;16 Ytrz-=ew � scale. r -d• t s• -o va• use smm on rang mlcti- eniy 1/4'Mk aluminum panted to mach P7 - Medlid &ante Maltlievn:2S13125P M Align tep edge w/ CMU module Lettering engroved and %ed w/ P2- Sdk Grey RAL70a4 ITEM NO.:11 SIGN TYPE: P - Extenor QTY: 1 SIGN MATERIALS: 16-0114'w x 2'6'h z 1/4' lhk w/ 18 1/4•w x 2'-8T return. aluminumwl engraved and filled copy MOUNTING: wall Mounted COLORIFINISH: Refer Elevatluns FONT: Anal Regular --1 51055 raonwaun Drawing Hope Yvonne Burke - John Ham Community Canter cema�. Cal -coy Construction Ater' John Sed 18805 Nmwal%Blvd. Cernt... CA 90703 P (582( 40"1320 LPA Order item Sign Type: P - Exterl0r Revision No. C,O.fl. 4.1 LT 01-26-2W7 Drawn BY LTaylor ,=Agar l Yorrvr� cls, In.. 1800 Deenng Avenue Canoga Pah• CA9130a5005 Tel.. 818610-5115 Fax: 818610-5123 E - man: inroavmmarproductscom sheet Date: 01127/16 sherd Numdat 11.0 5• 8 1? T* WxiN atteMed w/ :, / � sWdc and adh— ' .. f0' to CMU wall.: �.:• -'. 1. 7 .La•• CMU medme Yaw_ 1 2' --1 51055 raonwaun Drawing Hope Yvonne Burke - John Ham Community Canter cema�. Cal -coy Construction Ater' John Sed 18805 Nmwal%Blvd. Cernt... CA 90703 P (582( 40"1320 LPA Order item Sign Type: P - Exterl0r Revision No. C,O.fl. 4.1 LT 01-26-2W7 Drawn BY LTaylor ,=Agar l Yorrvr� cls, In.. 1800 Deenng Avenue Canoga Pah• CA9130a5005 Tel.. 818610-5115 Fax: 818610-5123 E - man: inroavmmarproductscom sheet Date: 01127/16 sherd Numdat 11.0 CLx�x E e ah.n Seale: lY2'=1'-0• I)o til Elinllnate rep Ilne and replace —.1— Re—tall at new bngh. eirr5 — L u c Y A/ L� O r mkrabncated lana.. /,/���J�) �f/)/�I��� ��\\f�//�,���� ''ISI) IS M( �(/\^Vn 2r M2-Brvs'a'A—u 107R'� �/ 11 \% Il Il l/ 11 U � � T Il CEN U \: E ll U s0• AFF C. a View Sde: 1'=7'-0' ITEM NO.: 15 SIGN TYPE: Y - Inle.or QTY: 1 SIGN MATERIALS: 5'h x �' thk leoncate. aluminum lettersW 12• s a dogs MOUNTING: "11 Mounted COLORIFINISH: Refer E%e Mons FONT: Arial Regular `� 17 Irt• m 77 F� 5. Loner adrn.d wr wraa ana 12• venaoe+ Side Yraw I"`°".—, 51055 Fabrication Drawing hops Yvonne BuMe-john Ham c.mmanM tamer Cal -City Conmueoon Atte: Jahn Sed 16805 N.—Ik Blvd. C.mtos, CA 80703 P: (562) 4043820 LPA orae, Rem. 1 n C.O.R. 4.1 LT 01-26-2017 or— By __LTaywr _=11ar 1 V.—Products, inc. ' 7800 Deenng Avenue Canaga Parc, CA 91304-5005 Tel 81"10-5115 F.: 818-610-5123 Sheet Number 15-0 � , v I S Lucy v� aL0 COMMUNITY CENTER..,~ I N 1 1 CLx�x E e ah.n Seale: lY2'=1'-0• I)o til Elinllnate rep Ilne and replace —.1— Re—tall at new bngh. eirr5 — L u c Y A/ L� O r mkrabncated lana.. /,/���J�) �f/)/�I��� ��\\f�//�,���� ''ISI) IS M( �(/\^Vn 2r M2-Brvs'a'A—u 107R'� �/ 11 \% Il Il l/ 11 U � � T Il CEN U \: E ll U s0• AFF C. a View Sde: 1'=7'-0' ITEM NO.: 15 SIGN TYPE: Y - Inle.or QTY: 1 SIGN MATERIALS: 5'h x �' thk leoncate. aluminum lettersW 12• s a dogs MOUNTING: "11 Mounted COLORIFINISH: Refer E%e Mons FONT: Arial Regular `� 17 Irt• m 77 F� 5. Loner adrn.d wr wraa ana 12• venaoe+ Side Yraw I"`°".—, 51055 Fabrication Drawing hops Yvonne BuMe-john Ham c.mmanM tamer Cal -City Conmueoon Atte: Jahn Sed 16805 N.—Ik Blvd. C.mtos, CA 80703 P: (562) 4043820 LPA orae, Rem. 1 n C.O.R. 4.1 LT 01-26-2017 or— By __LTaywr _=11ar 1 V.—Products, inc. ' 7800 Deenng Avenue Canaga Parc, CA 91304-5005 Tel 81"10-5115 F.: 818-610-5123 Sheet Number 15-0 Side Yraw I"`°".—, 51055 Fabrication Drawing hops Yvonne BuMe-john Ham c.mmanM tamer Cal -City Conmueoon Atte: Jahn Sed 16805 N.—Ik Blvd. C.mtos, CA 80703 P: (562) 4043820 LPA orae, Rem. 1 n C.O.R. 4.1 LT 01-26-2017 or— By __LTaywr _=11ar 1 V.—Products, inc. ' 7800 Deenng Avenue Canaga Parc, CA 91304-5005 Tel 81"10-5115 F.: 818-610-5123 Sheet Number 15-0 A CE CONSTRUCTION & COA TING, INC- 17711 NC_ 17711 Contra Costa Dr. Rowland Heights. CA 91 748 ( 714 ) 526 - 4143 CHANGE ORDER #2 - PROPOSAL SUBMITTED TO PHONE DA Cal City Construction 562-404-4820 STREET JOB NAME JOB PHONE 16605 Norwalk Blvd Yvonne Burke Community Center CITY STATE AND ZIP CODE JOB LOCATION Cerritos, CA 90703 11832 Atlantic Ave. Lynwood, CA 90262 Painting I am pleased to submit my change order in reference to the above mentioned project.This includes all labor, materials, taxes. and standard insurance to perform and complete painting operations pursuant to PDCA standards and attached Scope of work. I DESCRIPTION AMOUNT Reiinish paint at garde room after sign removals. Total Cost 1 $ 480:00 1 Any work specified in any other sections other than listed above. ATTACHMENT 11 a MEMORANDUM Date: March 6, 2017 To: Alma Martinez, City Manager From: Raul Godinez II, P.E., Director of Public Works/City Engineer Prepared by: Lorry Hempe, Public Works Special Projects Manager Subject: Lucy Avalos Community Center Change Orders #30 On January 17, 2017, the City Council authorized for the City Manager to spend up to the available contingency amount for the Lucy Avalos Community Center (Resolution 2017.007). Attached please find for your signature is Change Order #30 for a dedicated key pad for the concession and security offices in the amount of $1,127.29. :*rt CITY OF LYNWOOD DEPARTMENT OF PUBLIC WORKS Y CONTRACT CHANGE ORDER Date: 2/28/2017 Contract Change Order. LYND 030 Yvonne Burke-John D. Ham Park Project Title: Community Center Resolution No.: 2015.193 Contractor: Cal-City Construction CIP No.: 401 1.67.007 Complete Sections (1) to (6) and sign. 7 Reason for Change Owner's Request 2 Description of Change 2 LCD Key Pad 3 Location of Change Building 4 Change in Contract Cost EXTRA WORK $1,062.98 GC OVERHEAD b PROFIT 5% $53.15 BOND 1% $11.16 TOTAL $1,127.29 5 Extension of Contract number of days) 0 6 New Contract Total including all Change Orders. (a) Original Contract Sum was......................................................................................... $ 4,650,000.00 (b) Net Change by previously authorized change orders................................................... $ 87,670.00 Change Order No. 1-14, 17, 19-21, 23-25 $ 87,670.00 Change Order No. Change Order No. (c) Contract Sum prior to this change order was(a+b)............................................... $ 4,737,670,00 (d) This Contract Change Order........................................................................................ $1,127.29 (e) The New Contract Sum including this change order (c + d)......................................... $ 4,738,797.29 The changes or interpretations described and noted ore hereby authorized. The signed original of this order is on file with City of Lynwood Public Works Department. Contractor: Cal-City Construction, Inc We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this is approved, that we will provide all supervision and equipment, furnish all material, and perform all services necessary for the above specified work, including field and home office expense and will accept as full payment therefor the prices shown above. This Change Order represents complete compensation for all costs, direct and indirect, associated with the work and time agreed herein, including but not limited to, all costs incurred for extended overhead, disruption or suspension of work, labor inefficiencies, and the change's impact on the unchanged work. This Change Order, becomes part of and in conformance with the existing contract agreement. CAL-CITY CONSTRUCTION Approved: y�''` ' Date 3-6-17 Woo S. Lim, Presidepi City of Lynwood ' Approved: /r~' Date 1 Raul G - e�1, Direer Approved: Date, e�17 L-1AIA K. Martinez City Manager/Mayor Am -Tec Total Security, Inc. 13505 Yorba Avenue Unit A Chino, CA 91710 NAME/ADDRESS Cal -City Construction 16605 Norwalk Blvd. Cerritos. CA 90703 DESCRIPTION NY-1-18ERF IN"F1.RI.OGIX I.CD KEYPAD 02A22A-l-BI-9 AI.I -STAR 22/4 S{7t.ID R HI'ri-, Estimate DATE ESTIMATE NO. 2/27/17 4322 Ship To Yvonne Burke -John D. Ham Park 11832 Atlantic Ave. Linwood, CA 90262 QTY COST 2 150.00 1 69.71 4 16i.00 All material is guaranteed to he as specified_ All work to be completed io a workmanlike manner according to standard practices. Any altcratirnt or deviation Iiom the above ' (9.0%) specifications involving cxtra cost will he clone orrby upon Ari[tcn ortlers, and will become ao extra charge over and ahove the estimate. All ugrcentenLs contingent upon su-ikes, TOTAL AL accidents or dcims hcvond our control. E i� 9 SIGNATURE Phone # Fax # 8006092;27 9n9-017-1757 TOTAL 300.00 69.71 660.00 S 1.029.71 S33.27 S1.062.98 ATTACHMENT 12 CITY OF LYNWOOD (} DEPARTMENT OF PUBLIC WORKS CONTRACT CHANGE ORDER Date: 3/31/2017 Contract Change Order: LYND 031 Yvonne Burke -John D. Ham Park Project Title: Community Center Resolution No.: 2015.193 Contractor: Cal -City Construction CIP No.: 401 1.67.007 Complete Sections (1) to (6) and sign. 1 Reason for Change LEED Requirement 2 Description of Change LEED Construction Review 3 Location of Change Building 4 Change in Contract Cost EXTRA WORK $910.00 GC OVERHEAD & PROFIT 5% $45.50 BOND 1% $9.56 TOTAL $965.06 5 Extension of Contract number of days) 0 E New Contract Total includi-ng all Change Orders. (a) Original Contract Sum was ..................................... :................................... ................ $ 4,650,000.00 (b) Net Change by previously authorized change orders ................................................... $ 87,670.00 Change Order No. 1-14,17, 19-21, 23-25 $ 87,670.00 Change Order No. Change Order No. (c) Contract Sum prior to this change order was(a+b)............................................... $ 4,737,670.00 (d) This Contract Change Order......................................7......... .......... *........................... $965.06 (e) The New Contract Sum including this change order (c + d) ......................................... $ 4,738,635.06 The changes or interpretations described and noted are hereby authorized. The signed original of this order is on file with City of Lynwood Public Works Department. Contractor: Cal -City Construction, Inc We, the undersigned contractor, hove given careful consideration to the change proposed and hereby agree, if this is opproved, that we will provide all supervision and equipment, furnish all material, and perform all services necessary for the above specified work, including field and home office expense and will accept as full payment therefor the prices shown above. This Change Order represents complete compensation for all costs, direct and indirect. associated with the work and time agreed herein, including but not limited to, all costs incurred for extended overhead, disruption or suspension of work, labor inefficiencies, and the change's impact on the unchanged work. This Change Order becomes part of and in conformance with the existing contract agreement. CAL -CITY CONSTRUCTION y ✓ �;L� v_� Approved: Date Woo S. Lim, President City of Lynwood Approved: i Date Raul Sod' ez 11, P.E. D're f P it gineer / Approved: Date Ai "rte ez City Manager/Mayor Green Business Certification, Inc 1-800-795-1746 202-828-1145 www.gbci.org/contact Paid By: James Lim 16605 Norwalk Blvd. Cerritos, CA 90703 Invoice # : 91070774 Order # : 12094047 Invoice Date : Mar 17, 2017 Paid To: Green Business Certification, Inc PO Box 822964 Philadelphia, PA 19182-2964 Payment Method Payment Date Credit Card: XXXX XXXX XXXX1011 Mar 17, 2017 Project ID: 1000058286 Project Name: Ham Park Phase II Community Center Description Square Footage Discount (If applicable) Amount LEED-NC Construction Review 8,656 ($0.00) $ 910.00 Total Paid S910-00 Thank you for your payment. Please keep this receipt for your records. ATTACHMENT 13 CITY OF LYNWOOD DEPARTMENT OF PUBLIC WORKS CONTRACT • CHANGE ORDER Date: 4/4/2017 Contract Change Order: ' LYND 033 Yvonne Burke -John D. Ham Park Project rifle: Community Center Resolution No.: 2015.193 Contractor: Cal -City Construction CIP No.: 4011.67.007 Complete Sections (1) to (6) and sign. 1 Reason for Change Owner's Request 2 Description of Change Additional Power Switch for Event Poleli ht 3 Location of Change Court Yard 4 Change in Contract Cost EXTRA WORK $524.18 GC OVERHEAD 8 PROFIT 5% $26.21 BOND 1% $5.50 TOTAL $555.89 5 Extension of Contract number of days) 0 6 New Contract Total Including all Change Orders. (a) Original Contract Sum was......................................................................................... $ 4,650,000.00 (b) Net Change by previously authorized change orders ................................................... $ 87,670.00 Change Order No. 1-14, 17, 19-21, 23-25 $ 87,670.00 Change Order No. Change Order No. (c) Contract Sum prior to this change order was(a+b)............................................... $ 4.737.670.00 (d) This Contract Change Order........................................................................................ $555.89 (e) The New Coniroci Sum including this change order (c + d) ......................................... $ 4,738,225.89 The changes or interpretations described and noted are hereby authorized. The signed original of this order is on file with City of Lynwood Public. Works Department. Contractor: Cal -City Construction, Inc We, the undersigned contractor, have given careful considerotion to the change proposed and hereby agree, it this is approved, that we will provide all supervision and equipment, furnish all material, and perform all services necessary for the above specified work, including field and home office expense and will accept as fall payment therefor the prices shown above. This Change Order represents complete compensation for pll costs, direct and indirect, associated with the work and time agreed herein. including but not limited to, all costs incurred for extended overhead, disruption or suspension of work, labor inefficiencies, and the ch nge's impact on the unchanged work. This Change Order becomes part of and in conformance with the existing coni ct agreement. i CAL -CITY CONSTRUCTION- — / C // i Approved: r -Y–� Date-V- -Woo ate / « / Woo S -Lim, Preslerent City of Lynwood r Approved: Date 5'3 ° Raul G d' az il. P. E. irec r Pu gl e Approved: Date Alma . o ir, City Manager/Mayo ALPHA ONE ELECTRIC, INC. 730 Rosecrans, Gardena, CA 90247 Ph#:310-579-5568 & 310-709-0162 email: alfonso1730@yahoo.com C10 Lic. # 919514 CHANGE ESTIMATE To: Cal -City Construction Inc. Date: 0605 Norwalk Blvd. Project: Cerritos CA 90703 GC Job # ATTN: K. D. & Arturo Osorio Job # April 4, 2017 Yvonne Burke COR/RFI# AOE CO # Gentlemen: This CHANGE ESTIMATE is a request for a CHANGE ORDER to vour contract by reason of: NOTE -Install 20a Switch for Flag Pole on the South Side of the Building (6hrs x 1 man x $70/hr) + %15 O.P. = $433.00 This CHANGE ORDER will INCREASE your contract price in the amount of s524.18 tax included. A cost breakdown follows on the next sheet. We await your instructions and written authorization to proceed. A copy of this request is attached for your signature in the event you do not wish to use your own form. Prices quoted are good only for days from. the above date. AOE standard exclusions and clarifications will apply unless otherwise noted. AOE is hereby granted working days for this CHANGE ORDER. Sincerely, Prepared by: Alpha One Electric. Inc. ACCEPTED BY: Name and Company Sign and Date. Date CHANGE ESTIMATE - COST BREAKDOWN JOB # Date: AOE CO # COSTS ASSOCIATED WITH THIS ADDITIONAL WORK ARE AS FOLLOWS: 1- 3/4" EMT - 20'/$9.00 2- 3/4" EMT Connectors - 2/$1.50 3- 3/4" EMTCouplings - 2/$1.76 4- 3/4" EMT 1 Hole Straps - 4/$1.50 5- 4/S Box - 2/$1.50 6- 4/S Blank Cover - 2/$1.15 7- 20a Switch - 1/$8.00 s- #12 Wire - 60713.20 9- 10 - EQUIPMENT 11- 12- 13- 14- is - 37'61 Subtotal Sales Tax Materials 3.57 Equipments Labor GRAND TOTAL �� AGENDA STAFF REPORT DATE: July 18, 2017 TO: Honorable Mayor and Members oft a City Council APRROVED BY: Alma K. Martinez, City Mana r PREPARED BY: ,j Andre Dupret, Interim Director of Development Compliance and Enforcement Services Bruno Naulls, Project Manager. SUBJECT: Intent to Levy Parking and Business Improvement District (PBID) Annual Assessment and Approve the PBID Annual Spending Plan for fiscal year 2017-2018 Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE REPORT OF THE PARKING AND BUSINESS IMPROVEMENT DISTRICT (PBID) ADVISORY BOARD SETTING THE ASSESSMENT AGAINST BUSINESS ENTERPRISES IN THE PARKING AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2017-2018; APPROVING THE PBID FISCAL YEAR 2017-2018 SPENDING PLAN AND FIXING THE TIME AND PLACE FOR THE PUBLIC HEARING FOR THE LEVY OF THE ASSESSMENT." Background: On November 27, 1985, the City Council of the City of Lynwood adopted Ordinance 1262 establishing the Parking and Business Improvement District (PBID). PBID assessments are levied as a fair and equitable way to provide funds to maintain, operate, and improve business areas in the City. The mandated levy imposed for the PBID is 50% of the business license tax to all businesses located within the PBID area. The PBID currently has approximately $495,000 available for programming from prior years (see Attachment A — Fiscal Year 2016-2017 Annual Report). In addition, the City expects an additional $175,000 in PBID revenue for Fiscal Year 2017-2018. The fundamental purpose of the PBID is to promote the economic revitalization and physical maintenance of the Lynwood business community. According to the ordinance, the PBID area is defined as all of the territory within the boundaries of the City of Lynwood. 14 Discussion & Analysis Staff has developed a Spending Plan for fiscal year 2017-2018 for the PBID based upon current business and community needs, and in compliance with Ordinance 1262. The Spending Plan was submitted to the PBID Advisory Board on July 11, 2017 for review, discussion and recommendation. The PBID Advisory Board approved the proposed expenditures, based upon the needs of the District, identifying costs associated with those needs and determining that the use would be beneficial to the business community. A summary of the Spending Plan is below: FISCAL YEAR 2017-2018 PBID SPENDING PLAN 2 Description Amount 1 Painting of curbs and intersections To enhance pedestrian safety throughout the business district $30,000 2 Planting of drought tolerant plants and/or trees To enhance appearance of the business district $20,000 3 Hot Patch Truck & Grinder $90,000 4 Infrastructure Design Program Create and develop initial designs to enhance the $49,520 appearance of the infrastructure encompassing the City's business community, including bike lanes and non motorized connectivity trails 5 Seasonal Decorations To enhance seasonal decorations in the business district $10,000 6 Marketing and Promotion Develop marketing and promotion strategies, advertisement materials, hold mixers, workshops and special events for $5,000 businesses 7 Surveillance Camera Monitoring Equipment Safety measure to deter crime in the business district $10,700 8 Street Sweeper Maintenance $60,000 Maintain the cleanliness of our businesses 9 Graffiti Removal Eradicating unsightly graffiti in the City's business district $104,620 10 Sidewalk Cleaning Services Maintain clean walkable sidewalk approaches to businesses $30,160 11 Wayfinding Sign Project $85,000 Design and produce wayfinding signage to identify points/areas of interest and navigate motorists and pedestrians throu hout L nwood's business districts $495,000 PBID Spending Plan FISCAL YEAR 2017-2018 TOTAL 2 Once City Council adopts the PBID Fiscal Year 2017-2018 Spending Plan, Council is requested to set a public hearing to allow for public comments and protests, whether oral or verbal, concerning the levy of the assessment and intended use of funds. At the close of the public hearing, unless protests are submitted that collectively represent 50% or more of the proposed annual assessment amount to be imposed, the Council may adopt a resolution to levy the annual assessment and set the date of August 15, 2017 at 6pm in the City Hall Council Chamber for the public hearing. Fiscal Impact: The PBID budget is derived from revenue of the PBID assessment. There is no impact to the City's General Fund. Coordinated With: Finance Department City Attorney City Manager's Office Public Works Attachments: Resolution PBID Fiscal Year 2016-2017 Annual Report 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE REPORT OF THE PARKING AND BUSINESS IMPROVEMENT DISTRICT (PBID) ADVISORY BOARD SETTING THE ASSESSMENT AGAINST BUSINESS ENTERPRISES IN THE PARKING AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2017-2018; APPROVING THE PBID FISCAL YEAR 2017-2018 SPENDING PLAN AND FIXING THE TIME AND PLACE FOR THE PUBLIC HEARING FOR THE LEVY OF THE ASSESSMENT WHEREAS, pursuant to Section 36500, et. sec. of the Streets and Highway Code of the State of California (CSHC), on November 27, 1985, Ordinance 1262 was adopted into law establishing the Parking and Business Improvement District (PBID); and WHEREAS, PBID assessments are levied as a fair and equitable way to provide funds to maintain operate and improve business areas in the City; and WHEREAS, Section 3 of the ordinance identifies the PBID Area as all of the territory within the exterior boundaries of the City of Lynwood; and WHEREAS, Section 4a of Ordinance 1262 established the system of charge and the method each business would be assessed annually and is based on 50% of the business license tax to all business located within the PBID area; and WHEREAS, the proposed PBID Spending Plan and use of funds was submitted and approved by the PBID Advisory Board on July 11, 2017, having determined that the use of funds would be beneficial to the business community; and WHEREAS, on July 18, 2017, the City Council adopted the report for use of funds and now is requested to schedule a public hearing to allow for any public comment and protests, whether oral or verbal, concerning the intended use of funds pursuant to Sections 36524 and 36525 of the CSHC; and WHEREAS, at the closing of the Public Hearing, unless protests are received that collectively represent 50% or more of the proposed annual assessment amount, the Council may adopt a resolution to levy the annual assessment and approve the fiscal year 2017-2018 Spending Plan; and WHEREAS, the City Council wishes to set the Public Hearing to take place Tuesday, August 15, 2017 at a regularly scheduled Council meeting, beginning at 6:00 p.m., in the Council Chambers at Lynwood City Hall. M NOW, THEREFORE, IT IS RESOLVED BY THE LYNWOOD CITY COUNCIL AS FOLLOWS: Section 1. The City hereby adopts the report, as approved by the PBID Advisory Board, for the levy of assessments within the PBID area for the 2017 — 2018 Fiscal Year as mandated in Ordinance 1262 sec. 4a. Section 2. The City hereby sets a public hearing to take place on August 15, 2017 at a regularly scheduled City Council meeting beginning at 6:00 p.m. in the Council Chambers at Lynwood City Hall to consider approval of the Fiscal Year 2017-2018 Spending Plan and use of the PBID funds for an Economic Development Initiative which includes painting curbs and intersections; planting drought tolerant plants and trees; City gateway signs; seasonal decorations; promotional and marketing strategies; infrastructure design; surveillance camera monitoring equipment; seasonal decorations; sidewalk cleaning; graffiti removal; street sweeper maintenance; wayfinding signage; and partial payment for purchase of a hot patch truck with grinder as described in the report approved and adopted by City Council. Section 3. The City hereby directs the Finance Department to amend the City's PBID budget for FY 2017-2018 as needed to reflect the proposed $495,000 budget which is based on the proposed Spending Plan of said PBID funds. Section 4. The report on file with the City Clerk has the full detailed description of the improvements and activities to be provided and identifies the proposed levy on the businesses within the PBID area for this fiscal year. Section 5. The City Manager, or her designee, is hereby authorized to sign all documents necessary and appropriate to carry out and implement said improvements and activities on the behalf of the City. Section 6. This resolution becomes effective immediately upon adoption. APPROVED AND ADOPTED this 18th day of July, 2017. Maria Teresa Santillan-Beas Mayor 5 ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: Noel Tapia Andre Dupret, Interim Director City Attorney Development, Compliance, and Enforcement Services 2 ATTACHMENT "A" PBID FISCAL YEAR 2016-2017 ANNUAL REPORT Past Expenditures Of the expenditures requested in Fiscal Year 2016-2017 (FY17), it is anticipated that approximately $380,000 of the funds will be expended by fiscal year end. An estimated amount of $495,000 in unappropriated and or unexpended funds is proposed for carryover into Fiscal Year 2017-2018 (FY18). A summary of the FY17 spending plan and status is as follows: Economic Development Initiative: The Economic Development Incentive is to address overall assistance involving business related issues that may arise throughout the year and provide relief to businesses in need of assistance. The incentive will also provide funds to enhance infrastructure aesthetics that will promote commerce and consumer activity in our business district 1. City Gateway signs $105,000 (Anticipated Completion) 2. Planting of Drought tolerant plants and or trees in the Business District $20,000 (Anticipated Completion) 3. Seasonal Decorations $10,000 (Anticipated Completion) 4. Painting of Curbs and Intersections $30,000 (Anticipated Completion) 5. Commercial Sign Program $20,000 No funds allocated for this item 6. Marketing and Promotion $10,000 No conclusive data for this item 7. Surveillance Camera Monitoring Equipment: $10,700 (Completed) Surveillance cameras have had a positive impact on the Lynwood business community. Crime has substantially been reduced which allows business owners to operate more efficiently throughout the year. Crime not only includes theft, but also includes graffiti and vandalism. The presence of cameras is a deterrent and if a crime 7 occurs, the conviction rate increases with the ability to identify those responsible. The cost for the equipment to monitor these cameras will be $10,700. 8. Street Sweeper Maintenance Contract: $47,000 (Completed) Street sweeping is a needed service to maintain the cleanliness of our business thoroughfares. The service has a direct and positive effect on the businesses of our City and has been deemed an eligible expense for PBID funds. The annual cost for this service as it applies to Lynwood's business districts is $30,000. The contract for said services is attached. 9. Graffiti removal - $51,000 (Completed) Eradicating unsightly graffiti in City's business district 10.Sidewalk Cleaning Services $29,000 (Completed) Street sweeping is a needed service to maintain the cleanliness of our business thoroughfares. The service has a direct and positive effect on the businesses of our City and has been deemed an eligible expense for PBID funds. The annual cost for this service as it applies to Lynwood's business districts is $30,000. The contract for said services is attached. 11. Partial Payment of Boom Truck — Public Works: $85,000 (Completed) We requested funding for approximately 50% of the cost of the Lift Truck. It is estimated that Lift Truck would cost approximately $150,000 to $175,000. The total PBID funds used for the purchase is $67,642 Unused funds: The estimated fund carry over from FY17 appropriated funds is approximately $48,700, including the project budgets listed above. The amounts stated in this report are estimates and the costs may be more or less than indicated. Fiscal Impact: The annual PBID assessment is billed through the Business License System, with annual renewals mailed out in December of each year. The proposed expenditures for FY17 revenue is approximately $175,000 with carryover of approximately $320,000 to cover total costs associated with proposed FY17 fund appropriations for the FY18 Spending Plan. It is estimated that a PBID assessment equal to 50% of the annual Business License Fee with stated carryover will result in sufficient revenue to cover the identified costs (FY18 Spending Plan) that are exclusively for the benefit of the Parking and Business Improvement District as mandated by Ord. #1262. ` AGENDA STAFF REPORT DATE: July 18, 2017 TO: Honorable Mayor and Members o t e City Council APPROVED BY: Alma K. Martinez, City Manage &n PREPARED BY: Andre Dupret, Interim Director of Development, Compliance and Enforcement Services SUBJECT: Plaza Mexico Tentative Parking Replacement Plan Recommendation: Receive and file this report. Background: At the July 5, 2017 City Council meeting, a request came from the Council to bring back a report on the parking plan for the current Plaza Mexico development. Discussion and Analysis: When the Planet Fitness project at Plaza Mexico was approved, a minor variance was granted creating a deficiency of 80 parking spaces. At the time, it was the intent of M&D Properties (the "Developer") to develop a parking replacement plan to resolve this deficiency in the future. City staff recently engaged the Developer for details on its plan for replacement parking at Plaza Mexico (the "Development"), and were given a preliminary "Parking Replacement Plan_" (the "Plan") for its consideration (see Attachment 1). The Plan identifies eight parcels as possible locations for overflow vehicle parking for patrons of the Development and as off-site (satellite) employee parking. Some of the parcels are owned by the City, some by the Developer and still others are owned by transportation agencies or are privately owned. The following is the list of parcels included in the Plan and were selected by the Developer as viable locations for overflow patron and employee parking because of their proximity to the Development, ownership status, land use designation and potential. Table 1 includes the eight (8) parcels that the Developer had initially researched. As a result of that research, the Developer determined that Index No. 1 inTa -,I -[ � � '-GENDA which corresponds to the locator map of the Parking Replacement Plan, i n0 longer being considered because the land owner, MTA, has rejected M D TE interest. Table 1 . Index No. Location Owner Sq. Footage Parking Count 1 Mona Blvd. at the 105 CalTrans 130,265 257 Fw . underpass 2 Fernwood Ave. between City of Lynwood 108,801 372 Imperial & Alameda 3 Beechwood Ave. at M&D Properties 9,979 19 Fernwood Ave. 4 Fernwood Ave. between City of Lynwood 33,688 61 State St. & Beechwood 5 Court Street City of Lynwood 4,083 12 Located in the southeast corner of the Development 6 Imperial Hwy. between M&D Properties 30,123 88 Bellinger St. & State St. 7 MTA Station at Metropolitan NA 300+/ - Long Beach Blvd. and Transportation the 105 Freeway Authority 8 Imperial Hwy 3200 Imperial 27,416 50+/ - (Former Auto Zone site Highway Corp. Because of the magnitude of the overall development and the various parking agreements, leases and amendments, covenants and conditional uses involving on-site and off-site parking that make up the history of this project, staff will need additional time to prepare a comprehensive report to Council. The report will include more detailed information on the Developer's plan(s) to address the parking deficiencies associated with the Planet Fitness development, and the Developer's plan to acquire and utilize the former Auto Zone site for replacement parking to remedy overall parking deficiencies. The report will also include information from the Developer on its plan to provide additional parking opportunities for patrons of the Development that currently have difficulty finding on-site parking due to the many special events that take place at the Development. The report will also talk about the Developer's plan to have employees utilize satellite parking areas for their parking needs and how a fixed - route, shuttle bus service will be used to transport both patrons and employees from remote parking venues to the Development. It is anticipated that the report will be ready to present to Council at the July 31, 2017 City Council meeting. Coordinated With: Not applicable. Attachment Parking Replacement Plan + ,� E 1L•21 th�P1 '�i Y�' yi' .�-�.�� , 4ti• N • ' �t �+' !' ,� POP1DrY , 3 rt i• ) ; S�� l i�a� } J C 1� y Lin € +� rvt4 s %i fJ ► E _ .mos Flores Blv d *`*' �' " Elementar Sc ool' N r ' tr a _ r y 14, E "pthSt ...,°�,�i- zt Q r ai it_ y . •� i 1 { es I«d r rl �"° Hwy ,+�Jf [ � � T •;� `• �.. �•���,• ���� • ..,-�«, �.. �' � �.e Yr � 4ss;� • . x :� ^".y • � � ,�1 ,/�,�- ��� ,• los�Flores f31vr1�� t t * rte .ta nd, st �. w _ ' ;+ 1+(. • j !! , .�(� ti . lils- v t t , yY♦ ! ,r 'v`+ a . �• ..,. n (lakw°r>d ' ,Av .; ° e 1gthSt4��'� L�,.+ .M. 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STATE' R."ANS ACCESS FiGHTS 1 NTERST f!VTE f SCALE:; NCNE CALTRANS PARCEL AT MONA SUMMARY SQUARE FOOTAGE: 130,265 PARKING COUNT: 257 STALLS OWNER: CALTRANS Total 257 Stalls CITY TRIANGLE PARCEL Coco's Auto SQUARE FOOTAGE: 108,801 PARKING COUNT: 372 STALLS OWNER: CITY OF LYNWOOD e sn sW. �n �a FERNWOOD AVENUE AND BEECHWOOD AVENUE Beechwood Ave SUMMARY SQUARE FOOTAGE: 9,979 PARKING COUNT: 19 STALLS OWNER: M+D PROPERTIES Beechwood A J stafla FERNWOOD AVENUE / ADJACENT TO 105 FWY 4nderson pw) L' SUMMARY SQUARE FOOTAGE: 33,688 PARKING COUNT: 61 STALLS OWNER: CITY OF LYNWOOD -r,son FwI, ,3eechwood Ave lurid Joy 2 I Pre SCh s Total 61 Stalls COURT STREET PARKING SUMMARY SQUARE FOOTAGE: 4,083 PARKING COUNT: 12 STALLS OWNER: CITY OF LYNWOOD 'ah 300'-0" N o TOTAL PARKING SPACE: 88 STALLS 0 Z£ IMPERIAL HWY. PARKING 6 K 88 84 SUMMARY IVIPERIAL HIGHWAY SQUARE FOOTAGE: 30,123 PARKING COUNT: 88STALLS OWNER: M+D PROPERTIES MTA Parking— Long Beach Blvd Station St.i ranc s dy CIICNI Ce r °< a \a ♦. Y' of ,.� �. ti 0 Excess parking count approximately 300 cars 3V j a ImpenaCHwy �� • � - i t McD'onald'sY Denny 4 Sp Ct B RIE ALISC Me a � a d �•++ Jack in the Box SKECHERS a - �. , q j: United States Post 0- icE e _ Facto- OutleStal ` e` • . 4t 3D + r DATE: AGENDA STAFF REPORT July 18, 2017 TO: Honorable Mayor and Members of the City Council APPROVED BY: Alma K. Martinez, City Manag r PREPARED BY: R ndre Dupret, Interim DCES Director Suzanne Trejo, Administrative Assistant SUBJECT: An Amendment to the Consulting Services Agreement with Infrastructure Engineers for Planning and Building Staff Services Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH INFRASTRUCTURE ENGINEERS UTILIZING UNEXPENDED FUNDS FROM THE 2017 DEPARTMENT BUDGET IN THE AMOUNT OF $84,000 RELATING TO UNFUNDED WORK PERFORMED WITHIN TERM OF THE FISCAL YEAR 2017 AGREEMENT AS NEEDED FOR PLANNING AND BUILDING STAFF SERVICES." Background: Infrastructure Engineers, under a previously approved. Consulting Services Agreement ("Agreement") entered into on July 19, 2016, has been providing interim staffing services to the City's Planning and Building Division for positions such as Permit Technician, Administrative Assistant, Building Inspector and Plan Checker. The level and quality of service has been reliable and beneficial to the City. The recent unanticipated vacancy of the full-time Planning Manager position has necessitated the urgent need for an interim Planning Manager to fill the position until a final disposition of all outstanding personnel matters related to the position are resolved. Until a determination is made regarding the disposition of the position, and due to the nature of the urgency, the City will utilize the professional services of Infrastructure Engineers to backfill the position. The annual cost for services was budgeted at $233,000 for the period from August 6, 2016 to June 30, 2017 however, due to the increase in planning and building staff, the cost in fiscal year 2017 exceeded the $233,000 appropriation by $84,000. 7AGNDA EM 110 Discussion & Analysis: Though the contract for services for year one ends June 30, 2017, the funds allocated to pay for said services depleted prior to fiscal year end with several invoices pending. This has caused a need to amend the contract for services rendered during the term of the contract in an amount of $84,000. The fiscal year 2017 amount for services totaled $317,000. Fiscal Impact: The cost for the additional interim staffing will be covered by the General Fund through unexpended funding of the Department for a not -to -exceed amount of $84,000 from the Fiscal Year 2017 Department budget. Coordinated With: City Manager's Office City Attorney Finance Attachment: Resolution 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH INFRASTRUCTURE ENGINEERS UTILIZING UNEXPENDED FUNDS FROM THE 2017 DEPARTMENT BUDGET IN THE AMOUNT OF $84,000 RELATING TO UNFUNDED WORK PERFORMED WITHIN TERM OF THE FISCAL YEAR 2017 AGREEMENT AS NEEDED FOR PLANNING AND BUILDING STAFF SERVICES. WHEREAS, the permanent, full-time position of Planning Manager of the Department of Development, Compliance and Enforcement Services ("DCES") is currently vacant; and WHEREAS, Infrastructure Engineers is currently providing interim staffing services to the Planning and Building Division for the positions of Permit Technician, Administrative Assistant, Building Inspector and Plan Checker; and WHEREAS, the City has an urgent need to fill the vacant position of Planning Manager on an interim basis in order to maintain current levels and continuity of service; and WHEREAS, upon the final determination of the disposition of the position of Planning Manager and until such time that the City resolves this issue, there remains the need to fill the position on an interim basis; and WHEREAS, Section 6-3.13 of the Lynwood Municipal Code authorizes the City Council to dispense with formal bidding requirements by 4/5ths vote, when the services may be acquired more economically and efficiently through the use of an alternate procedure. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS: Section 1. The City Council authorizes the Mayor to execute an Amendment to Consulting Services Agreement with Infrastructure Engineers with a not -to -exceed amount of $317,000 in year one from August 6, 2016 to June 30, 2017. Section 2. The City hereby authorizes the reallocation of unexpended 2017 Department budget of $84,000 to cover the cost of outstanding invoices for unfunded work performed within term of the fiscal year 2017 agreement. Section 3. This resolution shall become effective immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 18th day of July, 2017. ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: Noel Tapia City Attorney Maria T. Santillan-Beas, Mayor Alma K. Martinez City Manager AMENDMENT TO CONSULTING SERVICES AGREEMENT This AMENDMENT TO THE AGREEMENT ("Amendment") is made as of July 18, 2017 by and between the City of Lynwood, a public body, corporate and political ("City") and Infrastructure Engineers ("Consultant". City and Consultant are sometimes hereinafter individually referred to as "Party" and collectively referred to as "Parties." RECITALS WHEREAS, on July 15, 2014, The City selected Consultant to provide professional Plan Check and Building Inspection Services; and WHEREAS, on August 5, 2014, the City entered into an Agreement with Consultant for a term of two years, through August 5, 2016 ("Agreement"); and WHEREAS, On July 19, 2016, by Council Resolution 2016.186, the City authorized an extension of the Agreement for a term of 24 months and 24 days, through June 30, 2018 and a do not exceed amount for the term of the contract of $465,000; and WHEREAS, the Consultant is willing to continue service to the City without interruption; NOW, THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows: 1. Term of Agreement. Section 2 of the original Agreement, entitled "Term Agreement" shall be amended in its entirety so that it shall read as follows: This Amendment shall commence on August 6, 2016 and shall terminate on June 30, 2018 (the "Termination Date"), unless sooner terminated pursuant to the provisions of this Agreement or the "Parties" agree to an extension. Compensation. Section 3 of the original Agreement, entitled "Compensation" subsection B shall be amended in its entirety so that it shall read as follows: B. Total payment to Consultant pursuant to this Agreement shall not exceed [Five Hundred Forty Nine Thousand Dollars ($549,000)], which shall be payable in monthly installments as the work of the consultant .has been performed and shall not exceed the [Three .Hundred Seventeen Thousand Dollars ($317,000)] amount in year one from August 6, 2016 to June 30, 2017 and [Two Hundred Thirty Two Thousand Dollars ($232,000)] amount for year two from July 1, 2017 to June 30, 2018, inclusive of all expenses incurred subsequently pursuant to subsection C, below. Plan Checking. Section 2 of Exhibit A Scope of Services of the original Agreement, entitled "PLAN CHECKING" shall be amended in its entirety so that it shall read as follows: 2. PLAN CHECKING CONSULTANT upon request of the CITY shall review plans prepared by or on behalf of an applicant for compliance with the Building laws of the CITY and State. When satisfied that the plans comply with the Building laws of the City and State, CONSULTANT shall approve plans and forward the plans and written evidence of approval to City of issuance of permit to the applicant. Consultant shall be compensated under the following amounts for services described below: A. Complete Plan Review is to be at an hourly rate of $89.00 from August 6, 2016 through August 5, 2017 and at an hourly rate of $87.00 from August 6, 2016 to June 30, 2018. B. Repetitive plan checks shall be Sixty (60%) of the Model Homes and Sixty Percent (60%) of the plan check fees established by the City for repetitive Home plans. C. Accelerated or Fast Tracking will be charged when only requested by the City at regular fee plus fourteen Percent (14%) of plan check. D. Consultant allows only one initial check and two subsequent recheck submittals under above mentioned fees. Any plans going beyond two rechecks may charge additional hourly rates. E. ELECTRICAL PLAN CHECK: $85.00 per hour F. PLUMBING PLAN CHECK: $85.00 per hour G. MECHANICAL PLAN CHECK: $89.00 per hour H. TITLE 24 ENERGY: $89.00 per hour I. TITLE 24 DISABLE ACCESS: $89.00 per hour J. Grading Plan Check Review fees and other related civil engineering work. This work is not included on the complete plan check scope of work. Fees to be ninety-five dollars ($95.00) per hour. 3. Full Force and Effect. The Parties further agree that, except as specifically provided in this Amendment, the terms of the original Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates written below. ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Noel Tapia, City Attorney CITY CITY OF LYNWOOD Maria T. Santillan-Bess, Mayor CONSULTANT: INFRASTRUCTURE ENGINEERS Sid Mousavi, President AGENDA STAFF REPORT FO&NU` DATE: July 18, 2017 TO: Honorable Mayor and Members of the Lynwood City Council Honorable Chair and Members of the Lynwood Housing Authority, as Successor to the Lynwood Redevelopment Agency Board APPROVED BY: Alma K. Martinez, Executive Directo PREPARED BY: Jose Ometeotl, Finance Director Bruno Naulls, Project Manag SUBJECT: Professional Services for Municipal Financial Advisor Recommendation: Staff recommends that the Agency adopt the attached resolution entitled: "A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AND THE LYNWOOD HOUSING AUTHORITY, AS SUCCESSOR TO THE LYNWOOD REDEVELOPMENT AGENCY AUTHORIZING THE USE OF WILLIAM REYNOLDS OF URBAN FUTURES, INC, FOR PROFESSIONAL FINACIAL ADVISORY SERVICES REGARDING THE DEVELOPMENT OF AFFORDABLE HOUSING IN THE CITY OF LYNWOOD". Background: On December 22, 2015 Council approved a Disposition and Development Agreement (DDA) for a Senior Citizen Housing Project on City property located on Atlantic Avenue between Agnes Avenue and Lavinia Avenue. The property consists of 10 parcels owned by the City of Lynwood: Parcel APN#'s Parcel APN#'s 6186-001-900 6186-001-905 6186-001-901 6186-001-906 6186-001-902 6186-001-907 6186-001-903 6186-001-908 6186-001-904 6186-001-909 Pursuant to the DDA, the plan for the site was to develop approximately 81 senior rental units on the approximate 0.88 acre block of undeveloped vacant land. The land was originally zoned for open space and was to be used as a AGENDA ITEM annex of the Yvonne Burke Ham Park, which is located east of the proposed development site across Atlantic Avenue. Discussion & Analysis: William W. Reynolds, Principal of Urban Futures, Inc. (Consultant) has provided a proposal to provide professional services including but not limited to: • Assist in developing the plan of finance and related transaction timetable; • Identify and analyze financing solutions for the proposed bond issue; • Advise on the method of sale, taking into account market conditions and near-term activity in the municipal market; • Assist in the preparation of any rating agency strategies and presentations; • Coordinate internal/external accountants, feasibility consultants and escrow agents, as appropriate; • Assist with the selection of the financing team, if necessary, including underwriters, trustee, bond and disclosure counsel; • Assist with underwriter compensation issues, syndicate structure and bond allocations; • Assist with negotiated sales (as applicable), including advice regarding retail order periods and institutional marketing, analysis of comparable bonds and secondary market data, and verify cash flow calculations; • Assist with competitive bond sales (as applicable), including posting of the notice of sale and preliminary official statement, and preparation of the bid verification, true interest cost (TIC) calculations and reconciliations/verifications of bidding platform calculations, preparation of notice of sale, obtaining CUSIP numbers; • Prepare and/or review preliminary cash flows/ preliminary refunding analysis; • Analyze whether to use SLGS, open markets and/or agency securities for purposes of investment of bond proceeds; • Manage the escrow bids or review SLGs applications for structuring an advance refunding escrow; • Assist in procuring printers, verification agents, etc.; • Plan and coordinate bond closings; • Prepare any required post -sale reports of bond sales; • Evaluate market conditions and pricing performance of senior manager and co -managers' distribution of bonds; and • Estimated duration of contractual services shall be 24 months. The Consultant's proposed cost for said services is not to exceed $27,500. The Authority has funds that are earmarked for such services available to cover said costs related to the development of affordable housing in the City of Lynwood pursuant to the recent Rogel case Settlement Agreement (Case #34-2014- 80001977). Consultant comes highly recommended by special counsel and in the past, has relied upon Consultant's expert judgment, and specialized services on projects of this nature. One of the prime objectives of the Authority and the City is to develop projects that will benefit the City of Lynwood and assist in increasing the City's affordable housing stock for low and moderate income persons. There is a need to move this project forward in a timely manner. The time dedicated to the RFP process could prove to hinder the ability develop an affordable housing project in this desired location. In order to avoid unnecessary delays in moving the project forward, a vote of a 4/5 majority will be required to by-pass the normal procurement and RFP process. Fiscal Impact: The cost for the professional consulting services to be provided by Urban Futures Inc. is a not—to-exceed amount of $27,500. The funds for said services will come from the Housing Authority's Low -Mod Income Housing Fund (LMIHF) as this project pertains to the fulfillment of developing affordable residential units pursuant to Rogel case Settlement Agreement. Coordinated with: City Manager's Office Community Development Department City Attorney/Authority Counsel Attachment: Urban Futures Inc. Proposal Resolution Agreement LHA RESOLUTION NO. A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AND THE LYNWOOD HOUSING AUTHORITY, AS SUCCESSOR TO THE LYNWOOD REDEVELOPMENT AGENCY AUTHORIZING THE USE OF WILLIAM REYNOLDS OF URBAN FUTURES, INC, FOR PROFESSIONAL FINACIAL ADVISORY SERVICES REGARDING THE DEVELOPMENT OF AFFORDABLE HOUSING IN THE CITY OF LYNWOOD WHEREAS, the Housing Authority (Authority) and City of Lynwood (City) own certain property located on on Atlantic Avenue between Agnes Avenue and Lavinia Avenue; and WHEREAS, the City desires to investigate its ability to issue bonds against said property for the purpose of developing affordable housing; and WHEREAS, in order to ensure the issuance of bonds is financially feasible and complies with the City's Municipal Code and County, State and Federal regulations, staff recommends the use of said third party municipal financial services to work with City staff in assessing and reporting on the said feasibility of bond issuance and the preparation thereof; and WHEREAS, the City will require municipal financial advisory services to analyze the feasibility and assist in the preparation of reports and documents related to issuance of said bonds; and WHEREAS, William W. Reynolds, Principal of Urban Futures, Inc. (Consultant) has provided a proposal to provide said municipal financial services described in further detail in the attached Exhibit A; and WHEREAS, Consultant comes highly recommended by special counsel and has relied upon consultants expert judgment and analysis on projects of this nature within required timeframes; and WHEREAS, the Consultant's proposed cost for said services is not to exceed $27,500 for a duration of approximately 24 months; and WHEREAS the Authority has funds that are earmarked for such services available to cover said costs related to the development of affordable housing in the City of Lynwood pursuant to the recent Rogel case Settlement Agreement (Case #34-2014-80001,977); and WHEREAS, in order to avoid unnecessary delays in moving the project forward, a vote of a 4/5 majority will be required to by-pass the normal procurement and RFP process; and WHEREAS, the Authority and City find that an agreement for said professional services is in order and will benefit the City of Lynwood and assist in increasing the City's affordable housing stock for low and moderate income persons. NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY DETERMINE AND RESOLVE AS FOLLOWS: Section 1. The Authority herby authorizes an appropriation of $27,500 from the Low -Mod Income Housing Asset Fund (LMIHAF) for professional services related to the development of affordable housing in the City of Lynwood. Section 2. The Authority Board hereby authorizes the Executive Director or her designee to take necessary steps, including the execution of agreements and other related documents with Urban Futures Inc. to undertake the implementation of all related services under the attached Agreement and Scope of Work. Section 3. The City Council hereby authorizes the City Manager or her designee to take necessary steps, including the execution of agreements and other related documents with Urban Futures Inc. to undertake the implementation of all related services under the attached Agreement and Scope of Work. Section 3. The Authority and City authorizes an agreement with Urban Futures Inc in the amount of $27,500 for a period from July 18, 2017 to July 18, 2019, in a form approved by the City Attorney/Authority Counsel, unless brought back to Authority/Council for amendment and extension as described in Section 3, et al of attached Agreement. Section 4. This resolution shall become effective immediately upon its adoption. PASSED, APPROVED, AND ADOPTED THIS 18th DAY OF JULY, 2017. Maria Santillan-Beas Mayor ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM Noel Tapia City Attorney Alma K. Martinez City Manager APPROVED AS TO CONTENT: Jose Ometeotl Director of Finance Professional Consulting Service Agreement This agreement ("Agreement") is made as of July 18, 2017 by and between the City of Lynwood Housing Authority, as Successor to the Lynwood Redevelopment Agency, a public body, corporate and politic ("Authority"), and Urban Futures Inc., ("Consultant"). Authority and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS WHEREAS, the Authority wishes to conduct a financial and feasibility study on the issuance of bonds for a proposed affordable housing development in the City of Lynwood; and WHEREAS, the Authority desires to utilize the municipal financial advisory services of Consultant as an independent third parry contractor to provide such services to. Authority as set forth in the attached Exhibit A; and WHEREAS, Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees; and NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant is to perform services as more particularly described in Exhibit A. Only the billing rates set forth in Exhibit A, Attachment A (hereinafter collectively referred to as `Exhibit A') shall apply. B. Time of Performance. Consultant shall complete consultant services for the Authority according to the schedule of performance which is also set forth in Exhibit A. 2. Term of Agreement. The Agreement shall be for a term of (24) months, commencing on July 18, 2017 (the "Commencement Date") and terminating on July 18, 2019 (the "Termination Date"), unless sooner terminated pursuant to the provisions of this Agreement. On or before ninety (90) days prior to the Termination Date, Consultant and Authority shall meet to discuss this Agreement and its possible extension and or modification. In the event the Parties do not enter into a new agreement prior to the Termination Date, this Agreement shall continue on a month-to-month basis under the same terms for a period not to exceed three months following the Termination Date. If the Parties execute no new agreement by the end of the three- month period following the Termination Date, this Agreement shall terminate at the end of such Consulting Services Agreement - 1 - three-month period. 3. Compensation. A. Authority agrees to compensate Consultant for services under this Agreement in the agreed amount in compliance with the schedule set forth in Exhibit A. Payments will be made only after submission of proper monthly invoices in the form and manner specified by City. Each invoice shall include a breakdown of all services performed together with the hours spent on each service. Authority shall endeavor to pay invoices bearing correct and authorized charges within thirty (30) days of the date they are received; however, Consultant acknowledges and agrees that due to Authority warrant run procedures, the Authority cannot guarantee that payment will occur within this time period. Except as hereinafter described, Authority shall not be responsible to Consultant for any additional charges, interest or penalties due to a failure to pay within such period. B. Total payment to Consultant pursuant to this Agreement shall be billed on a time and material basis at an hourly fee shown on Exhibit A in an amount of TWENTY SEVEN THOUSAND AND FIVE HUNDRED DOLLARS ($27,500), which shall be payable as set forth in the Compensation Schedule in the attached Exhibit A. It is the Consultant's sole duty to manage the costs associated with this Agreement and, subject to the applicable professional standard of care and reasonable and prudent management practices to reasonably ensure costs of services rendered as set forth in Exhibit 'A' do not exceed the agreed amount. Extension of this Agreement will be strictly to fulfill Consultant's agreed upon obligations and to complete all tasks associated with the scope unless further amended in writing. C. Consultant shall only be reimbursed for those expenses which: (i) appear on Consultant's invoices; (ii) are accompanied by a copy of the City's written authorization for Consultant to incur such expenses; and (iii) receipts documenting such expenses. 4. General Terms and Conditions. The General Terms and Conditions set forth in Exhibit B are incorporated as part of this Agreement. In the event of any inconsistency between the General Terms and Conditions and any other exhibit to this Agreement, the General Terms and Conditions shall control unless it is clear from the context that both parties intend the provisions of the other exhibit(s) to control. 5. Addresses. AUTHORITY Lynwood Housing Authority 11330 Bullis Road Lynwood, CA 90262 Attn: Executive Director Consulting Services Agreement - 2 - CONSULTANT Urban Futures Inc. 17821 E. 17"' Street, Suite 245, Tustin, CA 92780 Attn: William W. Reynolds — Principal 6. Exhibits. All exhibits referred to in this Agreement are listed here and are incorporated and made part of this Agreement by this reference. Exhibit A — Scope of Services, Time of Performance and Compensation Schedule (6 pages) Exhibit B — General Terms and Conditions (pages 1— 7) SIGNATURES ON FOLLOWING PAGE Consulting Services Agreement -3 - IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below. CITY HOUSING AUTHORITY By: Alma K. Martinez, Executive Director CONSULTANT By: William W. Reynolds, Principal ATTEST: By: Maria Quinonez, Secretary APPROVED AS TO FORM: By: Noel Tapia, Authority Counsel Consulting Services Agreement - 4 - Date Date Date Date EXHIBIT B TO PROFESSIONAL CONSULTING SERVICES AGREEMENT BETWEEN URBAN FUTURES INCOPORATED AND THE LYNWOOD HOUSING AUTHORITY GENERAL TERMS AND CONDITIONS 1. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to Authority, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of Authority or otherwise act on behalf Authority of as an agent. Neither Authority 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 agents or employees are in any manner agents or employees of Authority. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold Authority harmless from any and all taxes, assessments, penalties, and interest asserted against Authority by reason of the independent contractor relationship created by this Agreement. In the event that Authority is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between Authority and Consultant, then Consultant agrees to reimburse Authority for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold Authority harmless from any failure of Consultant to comply with applicable worker's compensation laws. Authority shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to Authority from Consultant as a result of Consultant's failure to promptly pay to Authority any reimbursement or indemnification arising under this Section 1. 2. Standard of Performance. A. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the Executive Director or his/her designee. The Executive Director or his/her designee may from time to time assign additional or different tasks or services to Consultant, provided such tasks are within the scope of services described in Exhibit A. However, no additional or different tasks or services shall be performed by Consultant other than those specified in Exhibit A, or those so assigned in writing to Consultant by the Executive Director or his/her designee. B. The Housing/Project Manager shall, until further notice to Consultant, administer this Agreement and provide for immediate supervision of Consultant with respect to the services to be provided hereunder. Consulting Services Agreement Exhibit B 3. Indemnification. A. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and Authority is relying upon the skill and knowledge of Consultant to perform said services and duties. B. Authority and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, defend, protect and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or other loss occurring as a result of or allegedly caused by the Consultant's performance of or failure to perform any services under this Agreement or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, subcontractors, subconsultants or employees, committed in performing any of the services under this Agreement. Notwithstanding the foregoing, the provisions of this subsection shall not apply to Claims occurring as a result of the Authority's sole negligence or willful acts or omissions. C. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required in this Section, Consultant agrees to be fully responsible according to the terms of this Section. Failure of the Authority to monitor compliance with these requirements imposes no additional obligations on Authority and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend Indemnitees as set forth herein shall survive the termination of this Agreement and is in addition to any rights which Authority may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Authority. 4. Insurance. A. Without limiting Consultant's indemnification of Indemnitees pursuant to Section 3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement the types and amounts of insurance as described below: (i) Commercial General Liability Insurance using Insurance Services Office Commercial General Liability form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $1,000,000 Consulting Services Agreement Exhibit B 2 per occurrence for all covered losses and no less than $2,000,000 general aggregate. (ii) Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than 1,000,000 per accident, combined single limit. If consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described in the preceding subsection. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. (iii) Workers' Compensation insurance on a state approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses.; (iv) Professional Liability or Errors and Omissions Insurance as appropriate to the profession, written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be not less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. B. City, its officers, officials, employees and volunteers shall be named as additional insureds on the policy(ies) as to commercial general liability and automotive liability. C. All insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California with a Best's rating of no less than ANII. D. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving Authority thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to AUTHORITY via certified mail, return receipt requested, addressed to "Risk Manager," Lynwood Housing Authority, 11330 Bullis Road, Lynwood, California, 90262. Consultant agrees that it will not cancel, reduce or otherwise modify said insurance coverage. E. Consultant shall submit to Authority (i) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on Authority's appropriate standard forms entitled "Additional Insured Endorsement". F. The Consultant's insurance shall be primary as respects the Authority, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Consulting Services Agreement Exhibit B 3 Authority, its officers, officials, employees and volunteers shall be excess of the Consultant's insurance and shall not contribute with it. G. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost, Authority may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of Authority, from payments due Consultant. 5. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the Authority. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by Authority. . Authority shall grant such authorization if disclosure is required by law. All Authority data shall be returned to Authority upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 6. Ownership of Work Product. All reports, documents or other written material developed by Consultant in the performance of this Agreement shall be and remain the property of Authority without restriction or limitation upon its use or dissemination by Authority. Such material shall not be the subject of a copyright application by Consultant. 7. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to Authority as a result of the performance of this Agreement, or the services that may be procured by the Authority as a result of the recommendations made by Consultant. Consultant's covenant under this section shall survive the termination of this Agreement. 8. Termination. Should Consultant fail to perform any of the obligations required of Consultant within the time and in the manner provided for under this Agreement within seven (7) days after receipt from Authority of a notice of such default, or should Consultant violate any of the terms and conditions of the Agreement, or for any or no reason, Authority may terminate this Agreement for any reason upon seven (7) days' notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination. Consultant agrees that in the event of such termination, Authority's obligation to pay Consultant shall be limited to Consulting Services Agreement Exhibit B 4 payment only for those services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, preserve the product of the services, and turn over to Authority the product of the services in accordance with instruction of Authority. 9. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but Authority reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 10. Financial Condition. Prior to entering into this Agreement, Consultant has submitted documentation acceptable to the Executive Director, establishing that it is financially solvent, such that it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, Consultant shall submit such financial information as may be appropriate to establish to the satisfaction of the Executive Director that Consultant is in at least as sound a financial position as was the case prior to entering into this Agreement. Financial information submitted to the Executive Director shall be returned to Consultant after review and shall not be retained by Authority. 11. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of Authority relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 12. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent Consulting Services Agreement Exhibit B 5 of Authority, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 13. Performance Evaluation. For any Agreement in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by Authority during the review period, either orally or in writing, shall be considered. Authority shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, Authority may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 14. Compliance with Laws. Consultant shall keep itself informed of State, Federal and Local laws, ordinances, codes and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times comply with such laws, ordinances, codes and regulations. The Authority, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section. 15. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect all licenses (including a City business license) required of it by law for performance of the services hereunder. 16. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by Authority of any payment to Consultant constitute or be construed as a waiver by Authority of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by Authority shall in no way impair or prejudice any right or remedy available to Authority with regard to such breach or default. 17. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 18. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Consultant's regular business hours or by facsimile before or during Consultant's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 19. Governing Law. This Agreement shall be interpreted, construed and enforced in Consulting Services Agreement Exhibit B 6 accordance with the laws of the State of California. 20. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 21. Severability. If any provision or any part of any provision of this Agreement is found to be invalid or unenforceable, the balance of this Agreement shall remain in full force and effect. 22. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and Authority. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties which expressly refers to this Agreement. Amendments on behalf of the Authority will only be valid if signed by the Chairperson and attested by the Secretary. 23. Authority. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. Consulting Services Agreement Exhibit B ® URBAN FUTU"S I EXHIBIVA' July 6, 2017 Mr. Jose Ometeotl, Director of Finance City of Lynwood 11330 Bulls Road Lynwood, CA 90262 RE: Engagement Letter to provide municipal advisory services to the City of Lynwood and the Housing Successor Agency to the Lynwood Redevelopment Agency for a proposed affordable housing financing project. Dear Mr. Ometeotl; This letter specifies the terms of the engagement between Urban Futures, Inc., located at 17821 E. 17th Street, Suite 245, Tustin, CA 92780 and the City of Lynwood and the Housing Successor Agency to the Lynwood Redevelopment Agency located at 11330 Bullis Road, Lynwood, CA 90262. This engagement between the City of Lynwood and the Housing Successor Agency to the Lynwood Redevelopment Agency (collectively, the "City") and Urban Futures, Inc. ("UFI") shall become effective as of the date of its acceptance as provided below. Scope of Municipal Advisory Activities to be Performed As municipal advisor, UFI will successfully perform the following duties. • Assist in developing the plan of finance and related transaction timetable; • Identify and analyze financing solutions for the proposed bond issue; • Advise on the method of sale, taking into account market conditions and near-term activity in the municipal market; • Assist in the preparation of any rating agency strategies and presentations; • Coordinate internal/external accountants, feasibility consultants and escrow agents, as appropriate; • Assist with the selection of the financing team, if necessary, including underwriters, trustee, bond and disclosure counsel; • Assist with underwriter compensation issues, syndicate structure and bond allocations; 17821 E. 17`h Street, Suite 245, Tustin, CA 92780 (714) 283-9334 Business (714) 283-5465 FAX www.urbanfuturesinc.com ® URBAN FUTURES I • Assist with negotiated sales (as applicable), including advice regarding retail order periods and institutional marketing, analysis of comparable bonds and secondary market data, and verify cash flow calculations; • Assist with competitive bond sales (as applicable), including posting of the notice of sale and preliminary official statement, and preparation of the bid verification, true interest cost (TIC) calculations and reconciliations/verifications of bidding platform calculations, preparation of notice of sale, obtaining CUSIP numbers; • Prepare and/or review preliminary cash flows/ preliminary refunding analysis; • Analyze whether to use SLGS, open markets and/or agency securities for purposes of investment of bond proceeds; • Manage the escrow bids or review SLGS applications for structuring an advance refunding escrow; • Assist in procuring printers, verification agents, etc.; • Plan and coordinate bond closings; • Prepare any required post -sale reports of bond sales; and • Evaluate market conditions and pricing performance of senior manager and co - managers' distribution of bonds. Independent Registered Municipal Advisor ("IRMA") If acting in the capacity of an Independent Registered Municipal Advisor ("IRMA") with regard to the IRMA exemption of the SEC Rule, UFI will review all third -party recommendations submitted to UFI. in writing by the City. Term of Engagement Agreement The commencement date of this agreement is July 6, 2017 and the end date is two years after the effective date or at the successful close of the transaction, whichever occurs first. Any extensions must be mutually agreed upon by all parties in writing. Termination of Engagement Agreement The City may terminate the whole or any part of this Agreement at any time and without cause by giving thirty (30) days written notice to UFI. of such termination, and specifying the effective date thereof. Upon receipt of Notice, UFI shall discontinue all progressive work affected by such termination, and conclude all services within said thirty (30) days of the date of such notice, unless otherwise instructed by the City in writing. UFI may terminate this agreement by giving the City sixty (60) days written notice. 17821 E. 17th Street, Suite 245, Tustin, CA 92780 (714) 283-9334 Business (714) 283-5465 FAX www.urbanfuturesinc.com ® URBAN FUTURES l: ° In the event Services are terminated by the City and bonds are successfully issued, UFI will be compensated pro -rata for services provided up to the termination date. Compensation and Out -of -Pocket Expenses Compensation for the municipal advisory activities to be performed for this engagement are contingent upon the successful sale on bonds with the exception of the following: • Continuing Disclosure Audits and Amendments • Preparation of a Fiscal Consultant's Report For the subject transaction, the fee for financial advisory services is $25,000 plus a reimbursement of expenses in an amount not to exceed $2,500. Expense reimbursements will cover the following: • Mandatory SEC/MSRB Compliance Requirements & Reporting • Data Services (Bloomberg, Thompson Reuters, DBC) • Pre -approved travel (mileage, airfare, hotels, etc.) Fiduciary Duty UFI is registered as a Municipal Advisor with the Securities and Exchange Commission ("SEC") and Municipal Securities Rulemaking Board ("MSRB"). As such, UFI. has a Fiduciary Duty to the City and must provide both a Duty of Care and a Duty of Loyalty that entails the following. Duty of Care: a) exercise due care in performing its municipal advisory activities; b) possess the degree of knowledge and expertise needed to provide the City with informed advice; c) make a reasonable inquiry as to the facts that are relevant to the City's determination as to whether to proceed with a course of action or that form the basis for any advice provided to the City; and d) undertake a reasonable investigation to determine that UFI is not forming any recommendation on materially inaccurate or incomplete information; UFI must have a reasonable basis for: i. any advice provided to or on behalf of the City; ii. any representations made in a certificate that it signs that will be reasonably foreseeably relied upon by the City, any other party involved in the municipal 17821 E. 17th Street, Suite 245, Tustin, CA 92780 (714) 283-9334 Business (714) 283-5465 FAX www.urbanfuturesinc.com ® URBAN FUTURES securities transaction or municipal financial product, or investors in the City's securities; and iii. any information provided to the City or other parties involved in the municipal securities transaction in connection with the preparation of an official statement. Duty of Loyalty: UFI must deal honestly and with the utmost good faith with the City and act in the City's best interests without regard to the financial or other interests of UFI. UFI will eliminate or provide full and fair disclosure (included herein) to the City about each material conflict of interest (as applicable). UFI will not engage in municipal advisory activities with the City as a municipal entity, if it cannot manage or mitigate its conflicts in a manner that will permit it to act in the City's best interests. Conflicts of Interest and Other Matters Requiring Disclosures • As of the date of the Agreement, there are no actual or potential conflicts of interest that UFI is aware of that might impair its ability to render unbiased and competent advice or to fulfill its fiduciary duty. If UFI becomes aware of any potential conflict of interest that arises after this disclosure, UFI will disclose the detailed information in writing to the City in a timely manner. • The fee paid to UFI increases the cost of investment to the City. The increased cost occurs from compensating UFI for the municipal advisory services provided. • UFI does not act as principal in any of the transaction(s) related to this Agreement. • During the term of the municipal advisory relationship, this agreement will be promptly amended or supplemented to reflect any material changes in or additions to the terms or information within this agreement and the revised writing will be promptly delivered to the City • UFI does not have any affiliate that provides any advice, service, or product to or on behalf of the client that is directly or indirectly related to the municipal advisory activities to be performed by UFI; • UFI has not made any payments directly or indirectly to obtain or retain the City's municipal advisory business; • UFI has not received any payments from third parties to enlist UFI recommendation to the City of its services, any municipal securities transaction or any municipal finance product; 17821 E. 17`h Street, Suite 245, Tustin, CA 92780 (714) 283-9334 Business (714) 283-5465 FAX www.urbanfuturesinc.com ® URBAN FUTURES 1��yll�r ' • UFI has not engaged in any fee -splitting arrangements involving UFI and any provider of investments or services to the City • UFI does not have any conflicts of interest from compensation for municipal advisory activities to be performed, however, fees paid to UFI are contingent on the closing of any transactions as to which UFI is providing advice; • UFI does not have any other engagements or relationships that might impair UFI's ability either to render unbiased and competent advice to or on behalf of the City or to fulfill its fiduciary duty to the City as applicable; and • UFI does not have any legal or disciplinary event that is material to the City's evaluation of the integrity of its management or advisory personnel. Legal Events and Disciplinary History UFI does not have any legal events and disciplinary history on its Form MA and Form MA -I, which includes information about any criminal actions, regulatory actions, investigations, terminations, judgments, liens, civil judicial actions, customer complaints, arbitrations and civil litigation. The City may electronically access Urban Futures, Inc.'s most recent Form MA and its most recent Form MA -I filed with the Commission at the following website: www.sec.gov/edgar/searchedgar/companysearch.htmi. There have been no material changes to a legal or disciplinary event disclosure on any Form MA or Form MA -I filed with the SEC. Recommendations If UFI makes a recommendation of a municipal securities transaction or municipal financial product or if the review of a recommendation of another party is requested in writing by the City and is within the scope of the engagement, UFI will determine, based on the information obtained through reasonable diligence of UFI whether a municipal securities transaction or municipal financial product is suitable for the City. In addition, UFI will inform the City of: • the evaluation of the material risks, potential benefits, structure, and other characteristics of the recommendation; • the basis upon which UFI reasonably believes that the recommended municipal securities transaction or municipal financial product is, or is not, suitable for the City; and • whether UFI has investigated or considered other reasonably feasible alternatives to the recommendation that might also or alternatively serve the City's objectives. 17821 E. 17`h Street, Suite 245, Tustin, CA 92780 (714) 283-9334 Business (714) 283-5465 FAX www.urbanfuturesinc.com ® URBAN FUTURES I Lil n,cor - or—titce-chi If the City elects a course of action that is independent of or contrary to the advice provided by UFI, UFI is not required on that basis to disengage from the City. Record Retention Effective July 1, 2014, pursuant to the Securities and Exchange Commission (SEC) record retention regulations, UFI is required to maintain in writing, all communication and created documents between UFI and the City for 5 years. If there are any questions regarding the above, please do not hesitate to contact Urban Futures, Inc. If the foregoing terms meet with your approval, please indicate your acceptance by executing both copies of this letter and returning one copy. Sincerely, William W. Reynolds Principal Urban Futures, Inc. 17821 E. 17th Street, Suite 245, Tustin, CA 92780 (714) 283-9334 Business (714) 283-5465 FAX www.urbanfuturesinc.com �g LY�%r a AGENDA STAFF REPORT DATE: July 18, 2017 TO: Honorable Mayor and Members of the City Council APPROVED BY: Alma K. Martinez, City Manag r PREPARED BY: Jose Ometeotl, Finance DirectodD Terri Marsh, Interim Controller "lam Delania G. Whitaker, Financial Analyst SUBJECT: Request to Adopt an Anti -Fraud Policy Recommendation: Staff respectfully recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING AN ANTI -FRAUD POLICY'. Background: The City of Lynwood is committed to protecting tax payer dollars and assets from fraud and recovering losses as a result of fraudulent behavior or activities. An anti -fraud policy is necessary to ensure fraud does not occur and to establish procedures to combat fraudulent acts, when suspected. Discussion & Analysis: The purpose of this item is to have the Lynwood City Council adopt the attached resolution approving a formal Anti -Fraud Policy. The policy sets guidelines that the City will use to identify, and promptly investigate, any employee behavior that may be considered "fraud" or misuse of City assets. The policy applies to all employees including Elected Officials and contractors of the City of Lynwood. Fraudulent behavior will be characterized as follows by the City of Lynwood: • Falsifying job-related expenses. • Forgery or unauthorized alteration of documents such as checks, promissory notes, time sheets, agreements, purchase orders, etc. • Misrepresenting facts in order to obtain City equipment including cash notes, equipment, furniture, etc. AGENDA ITEM to • Knowingly authorizing payments for goods not delivered or receiving payments for services not rendered. • Knowingly falsifying records of cash or money transactions. • Misrepresenting accounting/budget numbers/financial statements to conceal employee theft. • Misrepresenting the cost of a project so that funds may be used otherwise. • Misrepresenting the cost of uniforms. • Misrepresenting contractor qualifications to secure an agreement so that the employee receives remuneration from the contractor. Fiscal Impact: The action recommended in this report will not have a fiscal impact on the City. Coordinated With: City Attorney's Office RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING AN ANTI -FRAUD POLICY WHEREAS, the City of Lynwood is committed to protecting tax payer dollars and assets from fraud and recovering losses as a result of fraudulent behavior or activities; and WHERES, an anti -fraud policy is necessary to ensure fraud does not occur and to establish procedures to combat fraudulent acts, when suspected; and WHEREAS, the purpose of this item is to have the Lynwood City Council adopt the attached resolution approving a formal Anti -Fraud Policy; and WHEREAS, the policy sets guidelines that the City will use to identify, and promptly investigate, any employee behavior that may be considered "fraud" or misuse of City assets; and WHERES, the policy applies to all employees including Elected Officials and contractors of the City of Lynwood NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the City Council approves the attached Anti -Fraud Policy and directs staff to implement said policy. Section 2. This resolution shall become effective immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 18th day of July, 2017 Maria T. Santillan-Beas Mayor ATTEST: Maria Quinonez, City Clerk City of Lynwood APPROVED AS TO FORM: Noel Tapia City Attorney Alma K. Martinez City Manager APPROVED AS TO CONTENT: Jose Ometeotl Finance Director Ogzp�'y; Fa � ..r d CITY OF LYNWOOD tZgp ANTI -FRAUD POLICY Purpose: The City of Lynwood is committed to protecting tax payer dollars and assets from fraud and recovering losses as a result of fraudulent activities. This policy establishes steps to combat fraud and to provide procedures to follow when fraudulent acts are suspected. Policy: It is the policy of the City of Lynwood to identify, and promptly investigate, any employee behavior that may be considered "fraud" or misuse of City assets. This policy applies to all employees including Elected Officials and contractors of the City of Lynwood. For the purposes of this policy, fraud is defined as: the intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. In some instances, intentional fraud may be considered criminal. Behavior considered by the City of Lynwood to be fraudulent includes but is not limited to the following: • Falsifying job-related expenses. • Forgery or unauthorized alteration of documents such as checks, promissory notes, time sheets, agreements, purchase orders, etc. • Misrepresenting facts in order to obtain City equipment including cash, notes, equipment, furniture, etc. • Knowingly authorizing payments for goods not delivered or receiving payments for services not rendered. • Knowingly falsifying records of cash or money transactions. • Misrepresenting accounting/budget numbers/financial statements to conceal employee theft. • Misrepresenting the cost of a project so that funds may be used otherwise. • Misrepresenting the cost of uniforms. • Misrepresenting contractor qualifications to secure an agreement so that the employee receives remuneration from the contractor. Responsibilities of employees and individual departments: City Management Responsibilities: The City's Finance Department is responsible for developing and maintaining an effective system of internal control that safeguards taxpayer assets. As part of this policy, the City Manager will implement administrative regulations that will protect assets from being fraudulently misappropriated. The administrative regulation will include a regular review of fraud risks and the creation of internal controls to combat any perceived risks, a process to control reporting of transactions to protect against fraudulent reporting and/or accounting, require management to develop adequate internal controls to prevent and detect fraud. The City Attorney, is responsible for recovering losses from fraudulent activities. Individual departments are responsible for reporting suspected acts of fraud to the Fraud Review Committee described below. Human Resources is responsible for implementing this policy and providing this policy to all current employees, contractors, and new employees in the future. Process for Handling Suspected Acts of Fraud: A Fraud Review Committee will be formed to review suspected acts of fraud. This committee will include a representative from Human Resources, Finance, City Attorney and the Sheriff's Department. This committee will be responsible for reviewing reported suspected acts of fraud. Its primary purpose will be to conduct a preliminary investigation to determine if the suspected act merits further action. If it is determined that the suspected activity warrants further investigation, the Sheriff's Department, and/or City Attorney and Human Resources will conduct the investigation. Suspected Acts of Fraud Reported or Uncovered by City Employees: If an employee suspects and reports a suspected act of fraud, the first notification should be made to the employee's immediate supervisor. If the employee suspects that the immediate supervisor is involved, the employee should report their findings directly to the department head. If the employee suspects that the department head is involved, the employee should report their findings directly to the City Manager and the City Attorney. After a suspected act of fraud is reported the Fraud Review Committee shall be contacted. The Fraud Review committee will meet and determine if the suspected action warrants a further investigation. If the suspected action does not warrant a further investigation, no further action shall be taken. If the suspected act of fraud warrants further investigation, the City Attorney and Sheriff's Department shall determine the appropriate investigation. Suspected Acts of Fraud Reported or Uncovered by Outside Persons: If an outside party reports a suspected act of fraud to a City employee the employee shall report this to his or her immediate supervisor. If the outside party reports suspected acts of fraud of a supervisor or department head, to an employee, the employee shall report to the Sheriff Captain or Lieutenant or City Attorney. Suspected Acts of Fraud Reported by Elected Officials or City Commissioners: If an elected official or member of a City commission suspects fraud, he or she shall report this act to the City Attorney and City Manager. Reporting Requirements: Once an individual has reported alleged fraud, the following three processes will be followed: Level 1 — After a suspected act of fraud has been reported to the appropriate level of City staff, and then to the Fraud Review Committee, the review Committee will determine whether further action is necessary. If the Committee determines the accusation has no merit, no further action will be taken. At this level, employee confidentiality is maintained. Level 2 — After a suspected act of fraud has been reported to the appropriate level of City staff, and then to the Fraud Review Committee, and if the suspected act of fraud has been determined to have merit, an appropriate investigation begins. At this level, only the investigating departments, the City Manager, and Human Resources are contacted. Level 3 — An investigation has determined that fraud has taken place. All appropriate criminal and/or administrative actions are underway. The Finance Department shall notify the City's external auditors of known acts of fraud that have reached the level 3 status. a, AGENDA STAFF REPORT �zYFog� DATE: July 18, 2017 TO: Honorable Mayor and Members of the City Council APPROVED BY: Alma K. Martinez, City Manage PREPARED BY: Jose Ometeotl, Finance Director Terri Marsh, Interim Controller'/0 SUBJECT: Temporary Audit Preparation Staffing Request — Finance Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXTEND THE MEMORANDUM OF UNDERSTANDING (MOU) WITH LAURIE MARSCHER, CPA ON AN INTERIM BASIS THROUGH MARCH 2018". Background: In November 2016 and again in February 2017, the City entered into Memorandum of Understanding's (MOU) with Ms. Laurie Marscher to provide temporary audit preparation and accounting services. The MOU expired April 30, 2017. Discussion & Analysis: The City Council authorized the job descriptions of the Deputy Finance Director and the Controller on July 5, 2017. Recruitments will soon be started for those positions. Even though temporary staffing will remain until those positions are filled, Ms. Marscher's services remains to be needed. Marscher, a CPA, single handedly performed the FY 16 closing of the books, facilitated the FY 16 independent audit performed by The Pun Group, prepared the FY 16 Comprehensive Annual Financial Report, and facilitated the preparation of the FY16 State Controllers Report. AGENDA ITEM Ij'i Ms. Marscher already has the much needed City historical accounting information, and knows Lynwood's processes and systems to aide in the preparation for the independent audit. In order for the department to meet deadlines in providing accurate and critical information to the auditors, it is important that the operations in the Finance Department continues with minimal interruptions. Ms. Marscher will also be able to pass on vital information that will aide staff in helping to prepare for the audit in the future. The Lynwood Municipal Code Section 6-3.9 states that contracts for professional/special services over fifteen thousand dollars in non -emergency situations are subject to a formal competitive bid. However, Section 6-3.13 of the Lynwood Municipal Code authorizes the City Council to dispense with formal bidding requirements by a 4/5ths vote, when the services may be acquired more economically and efficiently through the use of an alternate procedure. Findings supporting same are reflected in the attached Resolution. Fiscal Impact: The FY 18 budget for the Finance & Administration department is sufficient to absorb the cost. Ms. Marscher will provide temporary accounting services as needed at an hourly rate of $75 per hour. Based upon an average of 30 hours per week, an estimate of the monthly cost is $9,000 for a maximum of $90,000. Coordinated With: City Attorney's Office RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXTEND THE MEMORANDUM OF UNDERSTANDING (MOU) WITH LAURIE MARSCHER, CPA ON AN INTERIM BASIS THROUGH MARCH 2018 WHEREAS, In November 2016 and February 2017, the City entered into Memorandum of Understanding's (MOU) with Ms. Laurie Marscher to provide temporary accounting services; and WHEREAS, the Memorandum of Understanding's expired on April 30, 2017 and; WHEREAS, the services of Ms. Laurie Marscher remains needed as Ms. Marscher has supported the department in the past with performing yearend procedures, facilitated the independent audit performed by the City auditors, prepared the Comprehensive Annual Financial Report, facilitated the preparation of the State Controllers Report; and; WHEREAS, the continued use of the same contract staff until permanent staffing can be recruited and hired will allow the Finance Department to function optimally; and WHEREAS, Ms. Marscher already has the much needed City historical accounting information, and knows Lynwood's processes and systems to aide in the preparation for the independent audit in order for the Finance Department to meet deadlines in providing accurate and critical information to the auditors for the 2017 audit, and it is important that the operations in the Finance Department continues with minimal interruptions; and WHEREAS, staff is seeking Council's approval to extend the MOU through March 2018. Subject to approval, by extending the MOU, Ms. Marscher will provide temporary accounting services as needed at an hourly rate of $75 per hour. Based upon an average of 30 hours per week, an estimate of the monthly cost is $9,000 for a maximum of $90,000; and WHEREAS, Section 6-3.13 of the Lynwood Municipal Code authorizes the City Council to dispense with formal bidding requirements by 4/5ths vote, when the services may be acquired more economically and efficiently through the use of an alternate procedure. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS: Section 1. The City of Lynwood City Council hereby determines and finds that the recitals herein above are true and correct and incorporates them herein as findings. Section 2. The City Council authorizes the Mayor to direct the City Manager to extend the Memorandum of Understanding (MOU) with key finance professional on an interim basis through March 2018. Section 3. The City Council hereby approved by a four-fifths (4/5) vote, per Lynwood Municipal Code section 6-3.13(a)(3), dispensing with any bidding requirements for purchases that may be more economically and efficiently effected through the use of this recommended alternate procedure. The Finance Department has had several key positions unfilled. The continued use of the same contract staff until permanent staffing can be recruited and hired will allow the Finance Department to function optimally given the vacancies. These vacancies require the need for a person familiar with the systems, operations and functionality within the Department. Ms. Marscher possess those skills given her current contractual relationship with the Department. Section 4. The Mayor is authorized to extend and approve Memorandum of Understanding with Ms. Marscher at an hourly rate of $75 per hour, for a not -to -exceed amount of $90,000 through March 31, 2018, approved as to the form by the City Attorney. Section 5. This resolution shall become effective immediately upon its adoption PASSED, APPROVED AND ADOPTED this day of 12017. ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: Noel Tapia City Attorney Maria T. Santillan-Beas Mayor Alma K. Martinez City Manager APPROVED AS TO CONTENT: Jose Ometeotl Finance Director AGENDA STAFF REPORT DATE: July 18, 2017 TO: Honorable Mayor and Members o City Council APPROVED BY: Alma K. Martinez, City Manag r PREPARED BY: Jose Ometeotl, Director of Finance SUBJECT: Request for Authorization to Distribute Request for Proposals for Assessment Engineering Services related to the City's Special Assessment Districts Recommendation: The Finance Division recommends that the City Council adopt a resolution approving the issuance of a Request for Proposals and authorize the City Manager to distribute the attached Request for Proposals to entities who may be interested in providing Assessment Engineering Services related to the City's Special Assessment Districts. Project Description: The Public Works Department will issue the Request for Proposals (RFP) with the goal of selecting a qualified provider to provide Assessment Engineering Services to update the tax rolls for the City's two existing Special Assessment Districts: Landscape Maintenance District and Lighting and Maintenance District, established pursuant Lighting and Landscaping Act of 1972 and Proposition 218. Background: Lynwood Lighting District Existing and previously proposed improvements include, but are not limited to, the following: electrical energy; repair and replacement of street light standards and fixtures; labor; materials; equipment; miscellaneous improvements; overhead and incidental work and construction of capital improvement projects as required. There are approximately 10,046 parcels of property, with approximately 562,644 lineal feet of front footage, within the District, excluding parcels of public property, which are not assessed for the cost of improvements. ➢ Service Area 1 encompasses 471,765.22 Front Feet at $1.62/FF or $ 764 259 annually. AGENDA ITEM ➢ Service Area 2 encompasses 90,878.80 Front Feet at $3.01/FF or $ 273,545 annually. ➢ Estimated Assessment Revenue: $1,037,804 Assessments for the Lynwood Lighting Assessment District have not been adjusted since FY 1992-1993, at which time the rates were decreased from $1.74 FF to $1.62 FF for residential and from $3.24 FF to $3.01 FF for commercial. The operations include energy costs, maintenance costs; additional lighting needs as well lighting projects to comply with State mandated AB32. These items will increase the Districts operational costs. Lynwood Landscaping District The Lynwood Landscape Maintenance Assessment District was formed and assessments first levied in 1978 following the passage of Resolution No, 78-78 by the City Council. The plans and specifications for the improvements within the District are on file with the Director of Public Works/City Engineer and are incorporated herein by reference. Landscape Maintenance for FY 2017-2018 includes maintenance and servicing of the following improvements: ➢ LYNWOOD CITY PARK - (29 acres) Mowing, edging, weeding, irrigation, restroom maintenance, painting, fence repair, and trash pick-up. ➢ BURKE - HAM PARK - (10 acres) Mowing, edging, weeding, irrigation, restroom maintenance, painting, fence repair and trash pick-up. ➢ LOS AMIGOS PARK - (1.75 acres) Mowing, edging, weeding, irrigation, painting, fence repair and trash pick-up. ➢ ADOLFO MEDINA PARK (2.4 acres) Mowing, edging, weeding, irrigation, painting, fence repair and trash pick-up. ➢ ROSE PARK - (1.5 acres) Mowing, edging, weeding, irrigation, painting, fence repair and trash pick-up. ➢ CARNATION PARK - (1.5 acres) Mowing, edging, weeding, irrigation, painting, fence repair and trash pick-up. ➢ POCKET PARKS 4 -SITES - (.6 acre) Regrading, weeding, graffiti removal, trash pick-up. ➢ CIVIC CENTER PARK - (.18 acre) Weeding, trash pick-up, irrigation, and mowing. ➢ STREET MEDIANS - Mowing, edging, irrigation, trash pick-up and eradicating pests: o Long Beach Boulevard, 74,646 square feet o State Street, 170,000 square feet o Imperial Highway, 37,740 square feet o Atlantic Avenue, 94,472 square feet o Hulme Avenue 2,160 square feet o Lilita Avenue 1,620 square feet o Carlin Avenue 1,530 square feet o Los Flores Boulevard, 36,800 square feet o Flower Street 36,800 square feet o Bullis Road, 3,888 square feet o Santa Fe Avenue, 3,000 square feet ➢ WATER WELLS - (Five locations, 10,750 square feet) Mowing, edging, weeding and irrigation. ➢ LINEAR PARK - (6.8 acres) Mowing, edging, weeding irrigation, restroom maintenance, painting, fence repair and trash pick-up. ➢ TREE TRIMMING - Two-year cycle general tree trimming, and in-house light tree trimming and emergency response services. There are approximately 10,046 parcels of residential and commercial properties within the District with approximately 562,644 front footage (FF), excluding parcels of public property which are not assessed for the costs of improvements. ■ Total Front Footage - 562,644.02 FF ■ Estimated Assessment Revenue $1.90/FF or $1,069,023.64 annually Assessments for the Lynwood Landscape Maintenance Assessment District have not been adjusted since FY1998-1999, at which time the rates were decreased from $1.97 FF to $1.90 FF for both residential and commercial. Energy cost and maintenance costs have increased over the last 20 -years and yet the assessment rates have remained the same. Fiscal Impact: There are no fiscal impacts identified with this request for proposals solicitation. Coordinated With: Public Works Department Attachments: Resolution No. 2017 - Request for Proposals RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, DIRECTING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS FOR ASSESSMENT ENGINEERING SERVICES RELATED TO THE CITY'S SPECIAL ASSESSMENT DISTRICTS SECTION 1. FINDINGS: WHEREAS, the City of Lynwood is seeking to select a qualified firm to provide Assessment Engineering Services; and WHEREAS, the City of Lynwood wishes to issue a Request for Proposals that would update the tax rolls for the City's two existing Special Assessment Districts: Landscape Maintenance District and Lighting and Maintenance District, established pursuant Lighting and Landscaping Act of 1972 and Proposition 218; and WHEREAS, the City of Lynwood wishes to issue a Request for Proposals that would lead to selection of a highly qualified vendor with a software system used in tracking and maintaining the parcel database for these districts; and WHEREAS, all the facts set forth in this Resolution are true and correct. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS: Section 1. The City Council hereby authorizes the City Manager to issue the Request for Proposals for Assessment Engineering Services related to the City's Special Assessment Districts PASSED, APPROVED AND ADOPTED THIS 18TH day of July, 2017. Maria Teresa Santillan-Begs, Mayor ATTEST: Maria Quinonez, City Clerk Alma K. Martinez, City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: Noel Tapia, City Attorney STATE OF CALIFORNIA COUNTY OF LOS ANGELES Jose Ometeotl, Finance Director ) SS I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 18th day of July 2017, and passed by the following votes: AYES: NOES: ABSTAIN: ABSENT: Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2017- is on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated 18th day of July 2017. Maria Quinonez, City Clerk REQUEST FOR PROPOSALS ASSESSMENT ENGINEERING SERVICES TO ADMINISTER THE CITY'S SPECIAL ASSESSMENT DISTRICTS CITY OF LYNWOOD Public Works Department 11330 Bullis Road Lynwood, CA 90262 (310) 603-0220 Key RFP Dates Issued: July 25, 2017 Written Questions Due: August 10, 2017 Response to questions: August 17, 2017 Proposals Due: August 28, 2017 TABLE OF CONTENTS PAGE SECTION I Instructions to Offerors ................................................ 4 SECTION II Proposal Content....................................................... 9 SECTION III Scope of Services...................................................... 13 SECTION IV Proposed Fee Schedule .............................................. 16 SECTION V Evaluation and Award ................................................. 17 SECTION VI Status of Past and Present Contract Form ....................... 18 SECTION VII Proposed Agreement ................................................... 19 SECTION VIII Conflict of Interest Disclaimer ........................................ 32 SECTION IX Acknowledgement of Insurance Requirements .................. 33 SECTION X Statement of Non Collusion by Contractor ........................ 34 SECTION XI W-9......................................................................... 35 2 CITY OF LYNWOOD PUBLIC WORKS DEPARTMENT REQUEST FOR PROPOSALS(RFP) Assessment Engineering Services to Administer the City's Special Assessment Districts July 25, 2017 PROPOSAL SUBMITTALS: Responses to the RFP are to be submitted to: Ms. Lourdes Morales, Assistant City Clerk Lynwood City Hall 11330 Bullis Road Lynwood, California 90262 no later than 3:00 P. M. on Thursday, August 28, 2017. One original and three (3) copies of the proposal shall be submitted in a sealed envelope and marked: "Proposal for Assessment Engineering Services to Administer the City's Special Assessment Districts." Proposals received after the specified time will not be accepted and will be returned unopened. Questions regarding this request may be directed to: Lorry Hempe Public Works Special Projects Manager Phone:310-603-0220, ext. 500 Email: Ihempea_lynwood.ca.us 3 SECTION I - INSTRUCTION TO OFFERORS A. EXAMINATION OF PROPOSAL DOCUMENTS By submitting a proposal, Offeror represents that it has thoroughly examined and become familiar with the work required in this RFP and that it is capable of performing quality work to achieve the objectives of the City of Lynwood Public Works Department. B. ADDENDA Any City of Lynwood changes to the requirements will be made by written addendum to this RFP. Any written addenda issued pertaining to this RFP shall be incorporated into the terms and conditions of any resulting agreement. The City of Lynwood will not be bound to any modifications or deviations from the requirements set forth in this RFP as a result of oral instructions. Offerors shall acknowledge receipt of addenda in their proposals. Failure to acknowledge receipt of all addenda may cause a proposal to be deemed non-responsive. C. CITY CONTACT All questions and/or inquiries regarding this RFP shall be submitted in writing and directed to: Lorry Hempe Public Works Special Projects Manager Phone:310-603-0220, ext. 500 Email: IhempeCc)_lynwood.ca.us D. CLARIFICATIONS 1. Examination of Documents Should an Offeror require clarifications regarding the RFP, Offeror shall notify Raul Godinez II, Director of Public Works in writing in accordance with Section I.D.2. Should it be found that the point in question is not clearly and fully set forth in the RFP, the City of Lynwood will issue a written addendum clarifying the matter(s). The written addendum will be sent to all firms via e-mail. 2. Submitting Requests a. All questions must be submitted in writing to the City of Lynwood no later than 5:00 p.m. on August 10, 2017. n b. Requests for clarifications, questions and comments must be clearly labeled, "Written Questions Re: "RFP for ASSESSMENT ENGINEERING SERVICES TO ADMINISTER THE CITY'S SPECIAL ASSESSMENT DISTRICTS " The City of Lynwood is not responsible for failure to respond to a request that has not been labeled as such. c. Any of the following methods of delivering written questions are acceptable as long as the questions are received no later than the date and time specified above: (1) E-mail: Ihempe(W-lynwood.ca.us 3. City of Lynwood Responses Responses from the City will be posted on the City's website no later than close of business on Monday, August 17, 2017 E. SUBMISSION OF PROPOSALS 1. Date and Time Proposals must be submitted on or before 3:00 P.M. on Thursday, August 28, 2017. 2. Address Proposals delivered in person or by the US Postal Service shall be submitted to: Ms. Lourdes Morales, Assistant City Clerk City of Lynwood 11330 Bullis Road Lynwood, California 90262 3. Identification of Proposals Offeror shall submit 1 original and 3 copiesof its proposal in a sealed package, addressed as shown above, bearing the Offeror's name and address, and clearly marked as follows: "PROPOSAL FOR ASSESSMENT ENGINEERING SERVICES" 4. Within 24 hours from the deadline to submit a proposal, offeror shall email a pdf copy of the proposal to Ms. Lorry Hempe at Ihempe(cD_lynwood.ca.us . 5 4. Acceptance of Proposals a. The City reserves the right to accept or reject any or all proposals, waive any informalities or irregularities in the proposals, request additional information or revisions to the proposals, and to negotiate with any or all Offerors. b. The City of Lynwood reserves the right to withdraw this RFP at any time without prior notice and the City of Lynwood makes no representations that any contract will be awarded to any Offeror responding to this RFP. c. The City of Lynwood reserves the right to postpone the proposal opening for its own convenience. d. The City of Lynwood reserves the right to issue anew RFP for the work. e. Proposals received by the City of Lynwood are subject to public inspection under the California Public Records Act (Government Code Section 6250 et seq.), unless exempt and will be made available upon request afteraward. f. Proposals submitted are not to be copyrighted. g. The City of Lynwood reserves the right to require confirmation of information furnished by any Offeror and/or request any Offeror to provide additional evidence of qualifications to successfully perform thework. F. Pre -Contractual Expenses The City of Lynwood shall not, in any event, be liable for any pre -contractual expense incurred by Offeror in the preparation of its proposal. Pre -contractual expenses are defined as expenses incurred by Offeror in: 1. Preparing its proposal in response to this RFP 2. Submitting its proposal to the City of Lynwood 3. Negotiating with the City of Lynwood on any matter related to its proposal 4. Any other expenses incurred by Offeror prior to date of award, should award be made to Offeror G. Joint Offers Where two or more Offerors desire to submit a single proposal in response to this RFP, they shall do so on a prime -sub -consultant basis rather than as a joint venture. The City of Lynwood intends to contract with a single firm and not with multiple firms doing business as a joint venture. D H. PROTEST PROCEDURES Any protests filed by an Offeror in connection with this RFP must be submitted in writing via certified mail to the following: Raul Godinez II, P.E. Director of Public Works/City Engineer City of Lynwood 11330 Bullis Road Lynwood, CA 90262 I. FEE PROPOSAL The consultant shall submit in a separate sealed envelope a not to exceed fee proposal to preform services described in Section III, including a schedule of hourly rates that will be charged to provide these services. The fee proposal shall be broken down per task, showing total number of hours and rate extensions for all project team members included in each task, subtotals for each task, and a total for all proposed tasks as well as their services. It is anticipated that the agreement resulting from this solicitation, if awarded, will be on a Not -to- Exceed price contract. The consultant shall enter into an agreement with the City based upon the contents of the RFP and the consultant's proposal. The City's standard form of agreement is included in Section IV. The consultant shall carefully review the agreement, especially with regard to the indemnity and insurance provisions, and include with the proposal a description of any exceptions, technical or contractual, requested to the standard contract. If there are no exceptions, a statement to that effect shall be included in the proposal. J. PREVAILING WAGES Certain labor categories under this project are subject to prevailing wages as identified in the State of California Labor Code Sections 1720-1815. Consultant and its sub -consultants shall conform to applicable wage rates. It is required that all mechanics and laborers employed or working at the site be paid not less than the basic hourly rates of pay and fringe benefits as shown in the current minimum applicable wage schedules. Offerors and their sub -consultants must use the current wage schedules applicable at the time the work is in progress. 7 K. INSURANCE REQUIREMENTS The consultant shall take out and maintain at all times during the term of the contract the insurance specified in the agreement and acceptable to the City. Insurance "Acceptable to the City" shall be defined as a company admitted (licensed) to write insurance in California and having a Best's Guide rating of not less than A VII. These minimum levels of coverage are required to be maintained for the duration of the project: A. General Liability Coverage - $2,000,000 per occurrence for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. B. Professional Liability Coverage -Professional Errors and Omissions Liability - insuring against all liability arising out of professional errors and/or omissions, providing protection of at least $2,000,000 for errors and/or omissions ("malpractice") of CONSULTANT in the performance of this Agreement. C. Worker's Compensation Coverage: State statutory limits. Deductibles, Self -Insurance Retentions, or Similar Forms of Coverage Limitations or Modifications, must be declared to and approved by the City of Lynwood. All insurance policies required shall name as additional insureds the City, its elected officials, officers, employees, attorneys and agents, and any other parties, including subcontractors, specified by City to be included. The consultant is encouraged to review details of insurance requirements as noted in Section IV, "Professional Service Agreement" and contact its insurance carriers during the proposal stage to ensure that the insurance requirements can be met if selected for negotiation of a contract agreement. 9 SECTION II - PROPOSAL CONTENT A. PROPOSAL FORMAT AND CONTENT Although no specific format is required by the City, this section is intended to provide guidelines to the consultant regarding features which the City will look for and expect to be included in the proposal. Presentation Proposals shall be typed with 12 pt font submitted on 8 1/2 x 11" size paper using a single method of fastening. Offers should not include any unnecessarily elaborate or promotional material. Lengthy narrative is discouraged and presentations should be brief and concise. 2. Letter of Transmittal A Letter of Transmittal shall be addressed to Raul Godinez II, Director of Public Works, P.E., Public Works Director/City Engineer and must, at a minimum, contain the following: a Identification of Offeror that will have contractual responsibility with the City. Identification shall include legal name of company, corporate address, telephone and fax number. Include name, title, address and telephone number of the contact person identified during period of proposal evaluation. b. Identification of all proposed sub -consultants including legal names of companies, contact person's names and addresses, phone numbers and fax numbers and relationships between Offeror and sub -consultants, if applicable. Q Acknowledgment of receipt of all RFP addenda, if any. d. A statement to the effect that the proposal shall remain valid for a period of not less than 90 days from the date of submittal. e. Signature of a person authorized to bind Offeror to the terms of the proposal. Signed statement attesting that all information submitted with the proposal is true and correct. X 3. Technical Proposal a. Qualifications, Relevant Experience and References This section of the proposal shall establish the ability of the Offeror to satisfactorily perform the required work by reasons of: experience in performing work of a similar nature to the Scope of Services shown in Section III; proven competence in the services to be provided; strength and stability of the firm; staffing capability; current work load; track record of meeting schedules and supportive client references. Offeror shall: (1) Provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship); number, size and location of offices; number of employees. (2) Provide a general description of the firm's financial condition, identify any conditions (e.g., bankruptcy, pending litigation, planned office closures, impending merger) that may impede Offeror's ability to provide these services. (3) Describe the firm's experience in performing work of a similar nature to that solicited in this RFP and highlight participation in such work by the key personnel proposed for assignment to the City. (4) Describe experience in working with various government agencies that may have jurisdiction over the approval of work or services specified in this RFP. Include specialized experience and professional competence in areas directly related to this RFP. (5) Provide a list of past joint work by the Offeror and each sub -consultant, if applicable. The list should include a summary of the roles and responsibilities of each sub -consultant. (6) A minimum of three (3) references should be given. Furnish the name, title, address and telephone number of the person(s) at the client organization who is most knowledgeable about the work performed. b. Proposed Staffing and Project Organization This section of the proposal should establish the method that will be used by the Offeror to provide requested services as well as identify key personnel assigned. Offeror shall: (1) Provide education, experience and applicable professional credentials of Project Manager who will oversee the preparation of the Engineering and Traffic Survey. (2) Furnish brief resumes (not more than two [2] pages each) for the proposed Project Manager and other key personnel. 10 (3) Identify key personnel proposed to perform the specified tasks and include major areas of sub -consultant work. (4) Include a statement that key personnel will be available to the extent proposed for the duration of the required services, acknowledging that no person designated as "key" shall be removed or replaced without the prior written concurrence of the City. c. Detailed Work Plan The Offeror shall provide a narrative addressing the Scope of Services and demonstrating the Offeror's understanding of the City of Lynwood's needs and requirements. The Offeror shall: (1) Describe the proposed approach and work plan for completing the services specified in the Scope of Services. (2) Describe approach to managing resources, including a description of the role(s) of any sub -consultants, their specific responsibilities, and how their work will be supervised. Identify methods that Offeror will use to ensure quality, budget, and schedule control. d. Exceptions/Deviations State any exceptions or deviations from the requirements of this RFP, segregating "technical" exceptions from "contractual" exceptions. Where the Offeror wishes to propose alternative approaches to meeting the City of Lynwood's technical or contractual requirements, these shall be thoroughly explained. If no contractual exceptions are noted, Offeror will be deemed to have accepted the contract requirements as set forth in Section VII, "Proposed Agreement." e. Fee Proposal Provide a Not -to -Exceed Fee Proposal to perform services in Section III, including a schedule of hourly rates that will be charged to provide these services. f. Conflict of Interest Disclaimer Complete and submit Section VIII, "Conflict of Interest Disclaimer" Form with the proposal package. g. Acknowledgement of Insurance Requirements Complete and submit Section XI, "Acknowledgement of Insurance Requirements" Form with the proposal package. 11 h. Prevailing Wages Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing in Section 1770 et. seq. These labor categories when employed for any work on or in the execution of a "Public Works" project require payment of prevailing wages. 12 SECTION III — Scope of Services A. GENERAL PROJECT DESCRIPTION The purpose of the RFP is to contract with a consultant to provide Assessment Engineering Services to update the tax rolls for the City's two existing Special Assessment Districts: Landscape Maintenance District and Lighting and Maintenance District, established pursuant Lighting and Landscaping Act of 1972 and Proposition 218. The City may also wish for the selected to consultant to provide services related to the City's Property Based Improvement District (PBID). B. SCOPE OF SERVICES The City will provide the following items and/or services, when applicable: • Current tax rolls in digital format for each district • Current Engineer's Report for each district • Maps of each district • Provide access to DAWeb • Operating and Capital Improvement Program budgets TASK 1 — ANNUAL ADMINISTRATION - LANDSCAPE AND LIGHTING ACT OF 1972 DISTRICTS Lynwood Lighting District The plans and specifications for the improvements within the District are on file with the City Engineer and incorporated herein by reference. Existing and previously proposed improvements include, but are not limited to, the following: electrical energy; repair and replacement of street light standards and fixtures; labor; materials; equipment; miscellaneous improvements; overhead and incidental work and construction of capital improvement projects as required. A diagram of the District, showing the exterior boundaries of the District, is attached hereto as Exhibit A and is incorporated herein by reference. There are approximately 10,046 parcels of property, with approximately 562,644 lineal feet of front footage, within the District, excluding parcels of public property, which are not assessed for the cost of improvements. ➢ Service Area 1 encompasses 471,765.22 Front Feet at $1.62/FF or $ 764,259 annually. ➢ Service Area 2 encompasses 90,878.80 Front Feet at $3.01/FF or $ 273,545 annually. ➢ Estimated Assessment Revenue: $1,037,804 Assessments for the Lynwood Lighting Assessment District have not been adjusted since FY 1992-1993, at which time the rates were decreased from $1.74 FF to $1.62 FF for residential and from $3.24 FF to $3.01 FF for commercial. The operations include energy costs, maintenance costs; additional lighting needs as well lighting projects to comply with State mandated AB32. These items will increase 13 the Districts operational costs. Lynwood Landscaping District The Lynwood Landscape Maintenance Assessment District was formed and assessments first levied in 1978 following the passage of Resolution No, 78-78 by the City Council. The plans and specifications for the improvements within the District are on file with the Director of Public Works/City Engineer and are incorporated herein by reference. Landscape Maintenance for FY 2017-2018 includes maintenance and servicing of the following improvements: ➢ LYNWOOD CITY PARK - (29 acres) Mowing, edging, weeding, irrigation, restroom maintenance, painting, fence repair, and trash pick-up. ➢ BURKE - HAM PARK - (10 acres) Mowing, edging, weeding, irrigation, restroom maintenance, painting, fence repair and trash pick-up. ➢ LOS AMIGOS PARK - (1.75 acres) Mowing, edging, weeding, irrigation, painting, fence repair and trash pick-up. ➢ ADOLFO MEDINA PARK (2.4 acres) Mowing, edging, weeding, irrigation, painting, fence repair and trash pick-up. ➢ ROSE PARK - (1.5 acres) Mowing, edging, weeding, irrigation, painting, fence repair and trash pick-up. ➢ CARNATION PARK - (1.5 acres) Mowing, edging, weeding, irrigation, painting, fence repair and trash pick-up. ➢ POCKET PARKS 4 -SITES - (.6 acre) Regrading, weeding, graffiti removal, trash pick-up. ➢ CIVIC CENTER PARK- (.18 acre) Weeding, trash pick-up, irrigation, and mowing. ➢ STREET MEDIANS - Mowing, edging, irrigation, trash pick-up and eradicating pests: o Long Beach Boulevard, 74,646 square feet o State Street, 170,000 square feet o Imperial Highway, 37,740 square feet o Atlantic Avenue, 94,472 square feet o Hulme Avenue 2,160 square feet o Lilita Avenue 1,620 square feet o Carlin Avenue 1,530 square feet o Los Flores Boulevard, 36,800 square feet o Flower Street 36,800 square feet 14 o Bullis Road, 3,888 square feet o Santa Fe Avenue, 3,000 square feet ➢ WATER WELLS - (Five locations, 10,750 square feet) Mowing, edging, weeding and irrigation. ➢ LINEAR PARK - (6.8 acres) Mowing, edging, weeding irrigation, restroom maintenance, painting, fence repair and trash pick-up. ➢ TREE TRIMMING - Two-year cycle general tree trimming, and in-house light tree trimming and emergency response services. There are approximately 10,046 parcels of residential and commercial properties within the District with approximately 562,644 front footage (FF), excluding parcels of public property which are not assessed for the costs of improvements. ■ Total Front Footage - 562,644.02 FF ■ Estimated Assessment Revenue $1.90/FF or $1,069,023.64 annually Assessments for the Lynwood Landscape Maintenance Assessment District have not been adjusted since FY1998-1999, at which time the rates were decreased from $1.97 FF to $1.90 FF for both residential and commercial. Energy cost and maintenance costs have increased over the last 20 -years and yet the assessment rates have remained the same. As such, the Landscape Maintenance Assessment District no longer collects sufficient funds to adequately fund its operations. Over the last several years the General Fund has subsidized the Landscape Maintenance Assessment District's operations; the General Fund can no longer afford to subsidize the District. Proposal shall be based on a three (3) year contract. Assume no changes in methodology. 1 Review existing methodology and prepare Engineer's Report for each district. 2 Prepare three (3) staff reports for City Council for each district at the following stages of the process: a. Ordering of Engineer's Report. b. Preliminary approval of Engineer's Report and setting Public Hearing date c. Approval of Engineer's Report and Public Hearing. 3 Attend City Council meetings for the Preliminary approval of Engineer's Report and Public Hear for each district. 4 Obtain digital copy of existing database from County of Los Angeles Assessor and update the existing database. Compare with previous fiscal year tax rolls to determine any discrepancies and report to City. 5 Prepare and furnish Preliminary Assessment Roll for each district in digital format with new proposed assessment rates provided by the City. 15 6 After confirmation of assessments rates by City Council, submit assessment rolls for each district in the required format to the County of Los Angeles Auditor/Controller's office. Make necessary corrections, if required, after receipt of the Exception Report from the County of Los Angeles. Furnish one (1) bound copy and digital file in excel format of the Final Assessment Roll for each District to the City. WN SECTION IV — PROPOSED FEE SCHEDULE The following matrix summarizes each task and its deliverables as part of this Scope of Services. The Consultant shall provide a detailed summary and breakdown of the staffing classifications, hourly fee, and total number of hours necessary to support each task. Annual Administration — Landscape and Lighting Act of 1972 Districts 17 FEES FY 2018-2019 FY 2019-2020 FY 2020-2021 Landscape Maintenance Dist. $ $ $ Streetlight Assessment Dist. $ $ $ Sub -Total $ $ $ 17 SECTION V - EVALUATION AND AWARD A. EVALUATION CRITERIA City will evaluate the proposals received based on the following criteria: 1. Qualifications of the Firm - technical experience in performing work of a similar nature; experience working with public agencies; strength and stability of the firm; and assessment by client references. 2 Proposed Team and Organization - qualifications of proposed Project Manager and key personnel; logic of organization; and adequacy of labor commitment and resources to satisfactorily perform the requested services and meet the City's needs. 3. Detailed Work Plan - thorough understanding of the City's requirements and objectives; logic, clarity, specificity, and overall quality of work plan. 4L Fee Proposal - reasonableness of proposed fees and competitiveness of the amount compared with other proposals. B. EVALUATION PROCEDURE An Evaluation Committee will be appointed to review all proposals. The committee will be comprised of City staff and may include outside personnel. The committee members will review and evaluate the proposals. The committee will recommend to the Public Works Director the firm whose proposal is most advantageous to the City of Lynwood. The Public Works Director will then forward its recommendation to the City Council for final action. C. AWARD The City of Lynwood may negotiate contract terms with the selected Offeror prior to award and expressly reserves the right to negotiate with several Offerors simultaneously. However, since the selection and award may be made without discussion with any Offeror, the proposal submitted should contain Offeror's most favorable terms and conditions. City Council action will be requested by the City staff to award contract to the selected Offeror. D. NOTIFICATION OF AWARD Offerors who submit a proposal in response to this RFP shall be notified regarding the Offeror awarded a contract. Such notification shall be made within seven (7) days of the date the contract is awarded. im SECTION VI - STATUS OF PAST AND PRESENT CONTRACTS FORM On the form provided below, Offeror shall list the status of past and present contracts where the firm has either provided services as a prime contractor or a subcontractor during the past five (5) years in which the contract has ended or will end in a termination, settlement or in legal action. A separate form must be completed for each contract. Offeror shall provide an accurate contact name and telephone number for each contract and indicate the term of the contract and the original contract value. If the contract was terminated, list the reason for termination. Offeror must also identify and state the status of any litigation, claims or settlement agreements related to any of the identified contracts. Each form must be signed by an officer of the Offeror confirming that the information provided is true and accurate. Project city/agency/other: By signing this Form entitled "Status of Past and Present Contracts," I am affirming that all of the information provided is true and accurate. Signature Title: Date SECTION VII PROPOSED AGREEMENT O CITY OF LYNWOOD PROFESSIONAL SERVICES AGREEMENT WITH FOR ASSESSMENT ENGINEERING SERVICES THIS AGREEMENT is made and entered into this —day of , 20_ ("Effective Date"), by and between the CITY OF LYNWOOD, a municipal corporation ("City"), and , a [the state where incorporation occurred] [type of corporation] ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to City, as more fully described herein; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated, except that if Consultant is required to but does not yet hold a City business license, it will promptly obtain a business license and will not provide services to the City until it has done so; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement. E. WHEREAS, Consultant responded to the City's Request for Proposals dated incorporated via this reference as if fully set forth herein, and Consultant's response to the Request for Proposals was a material inducement to the City ultimately entering into this agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall provide the professional services described in the Scope of Services attached hereto as Exhibit "A," incorporated herein by this reference. 21 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that.may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. City Officers and employees shall not be liable at law or in equity for any claims or damages occurring as a result of failure of the Consultant to comply with this section. 1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the reasonable satisfaction of the City. Evaluations of the work will be conducted by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to: (a) Meet with Consultant to review the quality of the work and resolve the matters of concern; (b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or (c) Terminate the Agreement as hereinafter set forth. 1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. 1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical or intellectual disability, medical condition, genetic information, pregnancy, marital status, sex, gender, gender identity, gender expression, or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. 1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.7. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 22 1.8 Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "B," attached hereto and made a part of this Agreement (the "Fee Schedule"). Consultant's total compensation shall not exceed Dollars ($ .00). 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal unless the City, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 25% of the total contract sum or to the maximum total contract amount of $25,000, whichever is greater. The Department Head or City Manager is authorized to approve a Change Order for such additional services. 2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than once a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "C," attached hereto and incorporated herein by this reference. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 23 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 36 months, ending on December 31, 2020, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement. The City also shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should: a. Be adjudged a bankrupt; b. Become insolvent or have a receiver of its assets or property appointed because of insolvency; Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement; e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs. 24 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the effective date of the City's written notice of termination, within forty-five (45) days after the effective date of the notice of termination or the final invoice of the Consultant, whichever occurs last. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. 4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of the effective date of the notice of termination, at no cost to City. 5.0. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. 5.1 Minimum Scope and Limit Of Insurance Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 25 5.2. Other Insurance Provisions endorsed to contain, the following provisions: Additional Insured Status The insurance policies are to contain, or be The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self- insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at anytime. 26 Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. 6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Key Personnel. It is the intent of both parties to this Agreement that Consultant shall make available the professional services of , who shall coordinate directly with City. Any substitution of key personnel must be approved in advance by City's Representative and the Agreement shall be amended to reflect the changes. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile, Email or by U.S. mail. If by U.S. mail, it shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile or by Email; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: IF TO CITY: 6.5 Attorneys' Fees. If litigation is brought by any party in connection with this Agreement, each party shall be responsible for its own costs and expenses, including attorney fees. 27 City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Tel: Tel: Fax: Fax: Email: Email: Attn: Attn: 6.5 Attorneys' Fees. If litigation is brought by any party in connection with this Agreement, each party shall be responsible for its own costs and expenses, including attorney fees. 27 6.6. Governinq Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California. 6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, in performing this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence, recklessness or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon such negligence, recklessness, or willful misconduct, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect. 6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. 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 or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. 0:3 6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents. 6.13. Electronic Safeguards. Contractor shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information that could result in the unauthorized disclosure, misuse, alteration, destruction or other compromise of the information. Contractor shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment. 6.14. Economic Interest Statement. Consultant hereby acknowledges that pursuant to Government Code Section 87300 and the Conflict of Interest Code adopted by City hereunder, Consultant is designated in said Conflict of Interest Code and is therefore required to file an Economic Interest Statement (Form 700) with the City Clerk, for each employee providing advise under this Agreement, prior to the commencement of work, unless waived by the City Manager. 29 6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act of 1974 (Government Code Section 81000, et seq.) and Government Code Sections 1090-1092. Consultant covenants that none of Consultant's officers or principals have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of the services hereunder, including in any manner in violation of the Political Reform Act. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be used by Consultant as an officer, employee, agent, or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City prior to the completion of the work under this Agreement. 6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if .there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced. 6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.19. No Third -Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.21. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.22. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 30 6.23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.24. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. Counterpart written signatures may be transmitted by facsimile, email or other electronic means and have the same legal effect as if they were original signatures. 6.25. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. 6.26 Taxpayer Identification Number. Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W9, as issued by the Internal Revenue Service. 31 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF LYNWOOD, A municipal corporation [Mayor or City Manager] CONSULTANT Signature Name and Title Signature Name and Title ATTEST: Deputy City Clerk of the City of Lynwood APPROVED AS TO FORM: Noel Tapia, City Attorney APPROVED AS TO INSURANCE: Risk Management 32 Date: Date: Date: Date: Date: SECTION VIII CONFLICT OF INTEREST DISCLAIMER The undersigned, , declares that (Print or Type Name) does have/does not have (cross one out) (Name of Firm) interest, ownership or receives or anticipates receiving remuneration of any type from the manufacturer(s), supplier(s), or distributor(s) which may be recommended on the project, as listed below. Firm Product Remuneration Signature of President, Secretary, Partner, Owner or Representative Date 33 SECTION IX ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE COVERAGES SPECIFIED the (Insert Title) of , certify that the (Company Name or Corporation, or Owner) Insurance Requirements set forth in Article IV of the Proposed Agreement have been read and understood that our insurance company(ies) (Name(s) of insurance company(ies) is/are able to provide the coverages specified. Signature of President, Secretary, Partner, Owner or Representative Date 34 SECTION Statement of Non -Collusion by Contractor The undersigned who submits herewith to the City of Lynwood a bid or proposal does hereby certify: a. That all statements of fact in such bid or proposal are true; That such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; C. That such bid or proposal is genuine and not collusive or sham; d. That said bidder has not, directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the City of Lynwood or of any other bidder or anyone else interested in the proposed procurement; e. Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal; Did not in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or that of anyone else; g. Did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member agent thereof, or to any individual or group of individuals, except to the City of Lynwood, or to any person/ persons who have a partnership or financial interest with said bidder in his business. Did not provide, directly or indirectly to any officer or employee of the City of Lynwood any gratuity, entertainment, meals, or anything of value, whatsoever, which could be objectively construed as intending to invoke any form of reciprocation or favorable treatment. That no officer or principal of the undersigned firm is related to any officer or employee of the city by blood or marriage within the third degree or is employed, either full or part time, by the City of Lynwood either currently or within the last two (2)years. That no officer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any state or federal antitrust law in connection with the bidding upon award of, or performance of, any public work contract, with any public entity, within the last three years. I certify, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that this certification was executed: On at California. Firm Street City - State Zip 35 (Signature) (Print Name & Title) SECTION XI Farm '9 Request for Taxpayer Give Form to the eeTrea identification Number and Certification not Department DepartrtNnt of fire Treasury send to the 1 RS. sendrequto the I Wmmal Revenue Senice 7 Mama (as shoam an four incorrp tax return). Name is required on this line, do not leave [his line blank. �i 2 Business nameldisregarded entity nams, d different from above Q 3 Check appropriate box for federal tax classification: check only one of the following seven boxes: 4 Exemptions (codes apply only to 0 -certain InclMdualfsole proprietor or FJ Corporation J S Corporation EJ Partnership ❑ Tnrat/es - entit es, not Individuals; see instructions on page 3): p single -member LLC Limited liability company. Enter the tax classrficatlon (C=C corporation, S=S corporation, Partnership) IN - Exempt payee cede (if any) Note. Note. For a single -member LLC that Is disregarded, do not check LLC; check the appropriate box in the line above far Exemption from FATCA reporting the tax classification of the single -member owner. code (if any) d C ❑ Other (see instructions) 0- 1 5 Address (number, street, and apt or suite no.) Requesters name and address (optional) w 6 City, state, and ZIP code 7 List account number(s) here (optional) MOM Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the nartte given on line 1 to avold Social security number backup wllen, sole For individuals, this is generally your social security number (page S. For�oth, fora resident aClen, sole proprietor, or disregarded entity, see the Part t Instructions on page 3. For otter entities, It is your em player identification num ber (E1N). If you do not have a number, see How fo qet a 77N on page 3. lour, Note. If the account Is in more than one name, see the Instructions for line 1 and the chart on page 4 for L :: guidelines on whose number to enter. F Certification Under penalties of perjury. I certify that: 1. The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be Issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends. or (c) the IRS has notified me that I am no lodger subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct_ Certification Instructions. You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have €alled to report all Interest and dividends on your tax return. For real estate transactions. Item 2 does not apply. For mortgage interest paid, acquisition or abandonment of securers property, cancellation of debt_ contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification. but you must provide your correct TIN_ See the instructions on page 3. Signs lgnat.of Here U,S. person* pate ► General Instructions Section references ere to the tntemal Revenue Code unless otherwise noted. Future developments. Infarrtation about d velopments affecting Form W-9 (such as legislation enacted esker we release it) is at vi-vnvJrs.gov1fw9. Purpose of Form An individual or entity (Form':' -9 requester] who is required to file an information retum with the IRS must obtain your correct taxpayer identification number (nN) which may be your social security number (SSN), individual taxpayer identification number (1TIN), adoption taxpayer identificatian number (ATIN), or employer idenuncation number(ElI4, to report an an information return Ina- amount paid io you, or other amount reportable on an inforrriation return_ Examples of information returns include. but are not limited to. the follaviing: • Form 1048 (home mortgage interest). 1098-E (student loan interesi), 1098-T (tuition) • Farm 1099-C (canceled debt} • Farm 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a US. person (including a resident alien), to provide your carrect TIN. N fou do rot return Form W-9 to the requester,,Wih a TIN, you might be subject :o backup wtth'rolcling. See Mitt is bschup vvithhcldng? on page 2_ By signing the filled -out form, you: 1. Grtify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or • Form 1099 tNT (interest earned or paid) 3. Claim exemption from backup vithholding if you are a US. exempt payee. If • Form 1099 -DIV (dividends, including thase from stocks or muwal funds) appli=able, you are also certifying that as a U.S. person, your allocable share of any panne _ml -up income from a U.S. trade or business is not subject to the • Form 1NIMISC (various types of income, prizes, awards, or gross proceeds) v,ithhalding tax on foreign partners' share of effectively connected income, and • Form 1099-8 (stock or mutual fund sales and certain other transactions by 4. Certify that FATCA code(s) entered an this form Orf any) Indicating that you are brokersl exempt from the FATCA reporting, is correct. See Whaf is FATCA reoartrng? on • Farm 1 Q99 -S (proceeds from real estate transactions) page 2 for further infomation. • Farm 1049-K (merchant card and third party ri-, : ork tra.nsaciions) 's> AGENDA STAFF REPORT DATE: July 18, 2017 TO: Honorable Mayor and Members o City Council APPROVED BY: Alma K. Martinez, City Manage PREPARED BY: Jose Ometeotl, Director of Finance SUBJECT: Request for Authorization to Distribute Request for Proposals for Reassessment Engineering Services related to the City's Special Assessment Districts and a Financial Review of Existing and Anticipated Future Special Assessment Districts Recommendation: The Finance Division recommends that the City Council adopt a resolution approving the issuance of a Request for Proposals and authorize the City Manager to distribute the attached Request for Proposals to request proposals from qualified consultants to conduct a review of existing and anticipated future special assessment districts including Proposition 218 balloting of existing districts. Project Description: The Finance Department will issue the Request for Proposals (RFP) with the goal of selecting a qualified provider to provide Proposition 218 Reassessment Engineering Services to review existing districts and provide advice and recommendations for formation of future districts and conduct all the necessary steps to increase the levy pursuant to Proposition 218. At this time, the City is interested in developing strategic recommendations for how to proceed with future funding mechanisms and ultimately choosing a direction to proceed with the establishment of those mechanisms. Project Tasks include: 1. Project team meetings 2. Gathering information 3. Evaluating financing alternatives 4. Preparation of financial report 5. Presentation of financial report at a public workshop 6. Conducting the Proposition 218 balloting AGENIDA IT a= 7. Conduct Public Hearing regarding the adoption of any Proposition 218 levy increase Background: The City is experiencing a surge in development. A development agreement for the Plaza Mexico Phase II is currently being contemplated. Over the course of the next one to two years an additional 300-400 housing units are anticipated to be entitled or developed. Given this tremendous growth spurt, this is an appropriate time for the City to review funding sources for the operations and maintenance (O&M) costs of public improvements and the costs of public services (referred to collectively as "public service costs") necessary to serve new development. The City currently has two (2) assessment districts: Lynwood Lighting District Existing and previously proposed improvements include, but are not limited to, the following: electrical energy; repair and replacement of street light standards and fixtures; labor; materials; equipment; miscellaneous improvements; overhead and incidental work and construction of capital improvement projects as required. There are approximately 10,046 parcels of property, with approximately 562,644 lineal feet of front footage, within the District, excluding parcels of public property, which are not assessed for the cost of improvements. ➢ Service Area 1 encompasses 471,765.22 Front Feet at $1.62/FF or $ 764,259 annually. ➢ Service Area 2 encompasses 90,878.80 Front Feet at $3.01/FF or $ 273,545 annually. ➢ Estimated Assessment Revenue: $1,037,804 Assessments for the Lynwood Lighting Assessment District have not been adjusted since FY 1992-1993, at which time the rates were decreased from $1.74 FF to $1.62 FF for residential and from $3.24 FF to $3.01 FF for commercial. The operations include energy costs, maintenance costs, additional lighting needs, as well as lighting projects to comply with State mandated A1332. These items will increase the Districts operational costs. Lynwood Landscaping District The Lynwood Landscape Maintenance Assessment District was formed and assessments were first levied in 1978 following the passage of Resolution No. 78-78 by the City Council. The plans and specifications for the improvements within the District are on file with the Director of Public Works/City Engineer and are incorporated herein by reference. Landscape Maintenance for FY 2017-2018 includes maintenance and servicing of the following improvements: ➢ LYNWOOD CITY PARK- (29 acres) Mowing, edging, weeding, irrigation, restroom maintenance, painting, fence repair, and trash pick-up. ➢ BURKE - HAM PARK - (10 acres) Mowing, edging, weeding, irrigation, restroom maintenance, painting, fence repair and trash pick-up. ➢ LOS AMIGOS PARK - (1.75 acres) Mowing, edging, weeding, irrigation, painting, fence repair and trash pick-up. ➢ ADOLFO MEDINA PARK (2.4 acres) Mowing, edging, weeding, irrigation, painting, fence repair and trash pick-up. ➢ ROSE PARK - (1.5 acres) Mowing, edging, weeding, irrigation, painting, fence repair and trash pick-up. ➢ CARNATION PARK - (1.5 acres) Mowing, edging, weeding, irrigation, painting, fence repair and trash pick-up. ➢ POCKET PARKS 4 -SITES - (.6 acre) Regrading, weeding, graffiti removal, trash pick-up. ➢ CIVIC CENTER PARK - (.18 acre) Weeding, trash pick-up, irrigation, and mowing. ➢ STREET MEDIANS - Mowing, edging, irrigation, trash pick-up and eradicating pests: o Long Beach Boulevard, 74,646 square feet o State Street, 170,000 square feet o Imperial Highway, 37,740 square feet o Atlantic Avenue, 94,472 square feet o Hulme Avenue 2,160 square feet o Lilita Avenue 1,620 square feet o Carlin Avenue 1,530 square feet o Los Flores Boulevard, 36,800 square feet o Flower Street 36,800 square feet o Bullis Road, 3,888 square feet o Santa Fe Avenue, 3,000 square feet ➢ WATER WELLS - (Five locations, 10,750 square feet) Mowing, edging, weeding and irrigation. ➢ LINEAR PARK - (6.8 acres) Mowing, edging, weeding irrigation, restroom maintenance, painting, fence repair and trash pick-up. ➢ TREE TRIMMING - Two-year cycle general tree trimming, and in-house light tree trimming and emergency response'services. There are approximately 10,046 parcels of residential and commercial properties within the District with approximately 562,644 front footage (FF), excluding parcels of public property, which are not assessed for the costs of improvements. ■ Total Front Footage - 562,644.02 FF ■ Estimated Assessment Revenue $1.90/FF or $1,069,023.64 annually Assessments for the Lynwood Landscape Maintenance Assessment District have not been adjusted since FY1998-1999, at which time the rates were decreased from $1.97 FF to $1.90 FF for both residential and commercial. Energy cost and maintenance costs have increased over the last 20 -years and yet the assessment rates have remained the same. Fiscal Impact: There are no fiscal impacts identified with this request for proposals solicitation. Coordinated With: Public Works Department Attachments: Resolution No. 2017 - Request for Proposals RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, DIRECTING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS FOR REASSESSMENT ENGINEERING SERVICES RELATED TO THE CITY'S SPECIAL ASSESSMENT DISTRICTS AND A FINANCIAL REVIEW OF EXISTING AND ANTICIPATED FUTURE SPECIAL ASSESSMENT DISTRICTS WHEREAS, the City of Lynwood is seeking to select a qualified firm to provide Reassessment Engineering Services related to the City's Special Assessment Districts and a Financial Review of Existing and Anticipated Future Special Assessment Districts; and WHEREAS, the City of Lynwood wishes to issue a Request for Proposals from qualified consultants to conduct a review of existing and anticipated future special assessment districts, including Proposition 218 balloting of existing districts, and WHEREAS, the City of Lynwood wishes to issue a Request for Proposals that would provide strategic recommendations for how to proceed with future funding mechanisms that provides direction on how to proceed with the establishment of those mechanisms; and WHEREAS, all the facts set forth in this Resolution are true and correct. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS: Section 1. The City of Lynwood City Council hereby determines and finds that the recitals above are true and correct and incorporates them herein as findings. Section 2. The City Council hereby authorizes the City Manager to issue the Request for Proposals for Reassessment Engineering Services related to the City's Special Assessment Districts and a Financial Review of Existing and Anticipated Future Special Assessment Districts PASSED, APPROVED AND ADOPTED THIS 18TH day of July, 2017. Maria Teresa Santillan-Beas, Mayor ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Noel Tapia, City Attorney STATE OF CALIFORNIA COUNTY OF LOS ANGELES Alma K. Martinez, City Manager APPROVED AS TO CONTENT: Jose Ometeotl, Finance Director ) SS I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 18th day of July 2017, and passed by the following votes: AYES: NOES: ABSTAIN: ABSENT: Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2017- is on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated 18th day of July 2017. Maria Quinonez, City Clerk City of Lynwood Finance Department Request for Proposals Financial Review of Existing and Anticipated Future Special Assessment Districts Proposal Due Date: August 31, 2017@ 5:00 P.M. City of Lynwood - Request for Proposals Financial Review of Existing and Anticipated Future Special Assessment Districts Table of Contents GENERAL INFORMATION.............................................................................................................................. 3 BACKGROUND............................................................................................................................................... 3 THEDISTRICTS....................................................................................................................................................... 4 SCOPEOF WORK................................................................................................................................................... 5 CITY'S RESPONSIBILITIES............................................................................................................................ 6 PROPOSAL FORMAT AND REQUIREMENTS...............................................................................••............. 7 SELECTION PROCESS AND CRITERIA........................................................................................................ 9 SCHEDULE...................................................................................................................................................... 9 2 City of Lynwood - Request for Proposals Financial Review of Existing and Anticipated Future Special Assessment Districts GENERAL INFORMATION The City of Lynwood ("City") is requesting proposals from qualified consultants to conduct a review of existing and anticipated future special assessment districts. BACKGROUND In 1902, C.H. Sessions had acquired title of about 400 acres and established a dairy and creamery. His wife's maiden was Miss Lynne Wood and they all agreed to call the place "the Lynwood Dairy and Creamery" and it was located at what is now Sanborn and Long Beach Blvd. Later the Southern Pacific Railway had a siding here, which they called the "Lynwood siding". Henry Huntington organized another railroad company called the Pacific Electric Railroad in 1902. One of the lines, built in 1904 to 1905, ran from Los Angeles to Santa Ana, passing directly through the middle of Lynwood. In 1929, Pacific Electric installed a P.E. Depot on the corner of Long Beach Blvd. and Fernwood Avenue. That building still exists and plans are to make it into a historical monument. The P.E. Railway took up the Lynwood name from the dairy and creamery. Later, seven gentlemen formed the Lynwood Company and they brought excursions of potential buyers to Lynwood. They opened up 800 acres for "suburban" home sites in 1913. The biggest attraction for lot buyers, who came on excursions and had lunch in a circus tent, was free water. Residential lots, 100 x 800, were sold for $500 to $800 and the promoters promised to furnish buyers free water, and to turn over to any city that might be formed, the entire debt -free water system. The City of Lynwood has grown considerably since the bustling days of its founding. Situated a mere seven miles from downtown Los Angeles and adjacent to the 110 and 710 freeways, the City is a dense community that continues to grow and redevelop to meet both the housing and retail demands of the population. The City is experiencing a surge in development. A development agreement for the Plaza Mexico Phase I I is currently being contemplated. Over the course of the next one to two years, an additional 300-400 housing units are anticipated to be entitled or developed. Given this tremendous growth spurt, this is an appropriate time for the City to review funding sources for the operations and maintenance (O&M) costs of public improvements and the costs of public services (referred to collectively as "public service costs") necessary to serve new development. The City currently has two (2) assessment districts: ➢ Lynwood Lighting District ➢ Lynwood Landscaping District 10 City of Lynwood - Request for Proposals Financial Review of Existing and Anticipated Future Special Assessment Districts THE DISTRICTS Lynwood Lighting District The plans and specifications for the improvements within the District are on file with the City Engineer and incorporated herein by reference. Existing and previously proposed improvements include, but are not limited to, the following: electrical energy; repair and replacement of street light standards and fixtures; labor; materials; equipment; miscellaneous improvements; overhead and incidental work and construction of capital improvement projects as required. A diagram of the District, showing the exterior boundaries of the District, is attached hereto as Exhibit A and is incorporated herein by reference. There are approximately 10,046 parcels of property, with approximately 562,644 lineal feet of front footage, within the District, excluding parcels of public property, which are not assessed for the cost of improvements. ■ Service Area 1 encompasses 471,765.22 Front Feet at $1.62/FF, or $ 764,259 annually. ■ Service Area 2 encompasses 90,878.80 Front Feet at $3.01/FF, or $ 273,545 annually. ■ Estimated Assessment Revenue: $1,037,804 Assessments for the Lynwood Lighting Assessment District have not been adjusted since FY 1992-1993, at which time the rates were decreased from $1.74 FF to $1.62 FF for residential and from $3.24 FF to $3.01 FF for commercial. The operations include energy costs, maintenance costs, additional lighting needs, as well as lighting projects to comply with State mandated AB32. These items will increase the Districts operational costs. Lynwood Landscapinq District The Lynwood Landscape Maintenance Assessment District was formed and assessments were first levied in 1978 following the passage of Resolution No. 78-78 by the City Council. The plans and specifications for the improvements within the District are on file with the Director of Public Works/City Engineer and are incorporated herein by reference. Landscape Maintenance for FY 2017-2018 includes maintenance and servicing of the following improvements: ➢ LYNWOOD CITY PARK - (29 acres) Mowing, edging, weeding, irrigation, restroom maintenance, painting, fence repair, and trash pick-up. ➢ BURKE - HAM PARK - (10 acres) Mowing, edging, weeding, irrigation, restroom maintenance, painting, fence repair and trash pick-up. ➢ LOS AMIGOS PARK - (1.75 acres) Mowing, edging, weeding, irrigation, painting, fence repair and trash pick-up. ➢ ADOLFO MEDINA PARK (2.4 acres) Mowing, edging, weeding, irrigation, painting, fence repair and trash pick-up. ➢ ROSE PARK - (1.5 acres) Mowing, edging, weeding, irrigation, painting, fence repair and trash pick-up. ➢ CARNATION PARK - (1.5 acres) Mowing, edging, weeding, irrigation, painting, fence repair and trash pick-up. 11 City of Lynwood - Request for Proposals Financial Review of Existing and Anticipated Future Special Assessment Districts ➢ POCKET PARKS 4 -SITES - (.6 acre) Regrading, weeding, graffiti removal, trash pick-up. ➢ CIVIC CENTER PARK- (.18 acre) Weeding, trash pick-up, irrigation, and mowing. ➢ STREET MEDIANS - Mowing, edging, irrigation, trash pick-up and eradicating pests: ■ Long Beach Boulevard, 74,646 square feet ■ State Street, 170,000 square feet ■ Imperial Highway, 37,740 square feet ■ Atlantic Avenue, 94,472 square feet ■ Hulme Avenue 2,160 square feet ■ Lilita Avenue 1,620 square feet ■ Carlin Avenue 1,530 square feet ■ Los Flores Boulevard, 36,800 square feet ■ Flower Street 36,800 square feet ■ Bullis Road, 3,888 square feet ■ Santa Fe Avenue, 3,000 square feet ➢ WATER WELLS - (Five locations, 10,750 square feet) Mowing, edging, weeding and irrigation. ➢ LINEAR PARK- (6.8 acres) Mowing, edging, weeding irrigation, restroom maintenance, painting, fence repair and trash pick-up. ➢ TREE TRIMMING - Two-year cycle general tree trimming, and in-house light tree trimming and emergency response services. There are approximately 10,046 parcels of residential and commercial properties within the District with approximately 562,644 front footage (FF), excluding parcels of public property, which are not assessed for the costs of improvements. ■ Total Front Footage - 562,644.02 FF ■ Estimated Assessment Revenue $1.90/FF or $1,069,023.64 annually Assessments for the Lynwood Landscape Maintenance Assessment District have not been adjusted since FY1998-1999, at which time the rates were decreased from $1.97 FF to $1.90 FF for both residential and commercial. Energy cost and maintenance costs have increased over the last 20 -years and yet the assessment rates have remained the same. As such, the Landscape Maintenance Assessment District no longer collects sufficient funds to adequately fund its operations. Over the last several years the General Fund has subsidized the Landscape Maintenance Assessment District's operations; the General Fund can no longer afford to subsidize the District. SCOPE OF WORK This Request for Proposals (RFP) is a step in the planned procurement action to acquire the desired services. Firms responding to this RFP shall be prepared to deliver products and perform the work necessary to provide the services described within the time period laid out in the Schedule at the end of this document. The project consists of furnishing all labor, materials, equipment, tools, supervision and travel necessary to complete the project tasks. 12 City of Lynwood - Request for Proposals Financial Review of Existing and Anticipated Future Special Assessment Districts NOTE: This is not a request for proposals to form a special assessment district. Rather, this is a request for proposals to review existing districts and provide advice and recommendations for formation of future districts and conduct all the necessary steps to increase the levy pursuant to Proposition 218. At this time, the City is interested in developing strategic recommendations for how to proceed with future funding mechanisms and ultimately choosing a direction to proceed with the establishment of those mechanisms. Project Tasks include: 1. Project team meetings 2. Gathering information 3. Evaluating financing alternatives 4. Preparation of financial report 5. Presentation of financial report at a public workshop 6. Conducting the Proposition 218 balloting 7. Conduct Public Hearing regarding the adoption of any Proposition 218 levy increase The financial report shall include, but is not necessarily limited to addressing the issues listed below. If the consultant feels that additional topics are warranted, they must be clearly identified in the consultant's proposal. The resulting work product should be a report that includes: an identification of future funding options (new district formations with or without retirement/consolidation of current districts), the pros and cons of the various options, and recommendation for how to simplify the administration of the various districts. CITY'S RESPONSIBILITIES City Staff will provide the consultant with all relevant information it has pertaining to the City, the current special assessment districts, current operating and maintenance budgets, development agreements and other information as may be needed and/or requested by the consultant. PROPOSAL FORMAT AND REQUIREMENTS The proposal shall be brief, precise, and shall not include unnecessary promotional materials. The proposal shall include the following items and organized as follows: a) Letter of Transmittal. Describe your firm or team's interest and commitment in providing consulting services for the City. An officer of the Consulting firm who is authorized to contractually bind the firm and to negotiate a contract with the City shall sign the letter. The letter shall contain a statement that the proposal is valid for ninety (90) days. Provide name, title, address, email, and telephone number for this officer. b) Table of Contents. Each proposal shall include a Table of Contents to the major topics contained in the proposal and all pages shall be numbered. c) Work Plan and Approach. Discuss your firm's understanding of the Scope of Services to be performed. Describe the method for management of overall project costs, schedule, 13 City of Lynwood - Request for Proposals Financial Review of Existing and Anticipated Future Special Assessment Districts quality assurance/quality control, and other issues critical to this project. d) Key Personnel Background. Name, position, summary of qualifications, resumes, related experience, and proposed responsibilities of project manager and key personnel. e) Team Experience. Listing of similar financial reviews performed within the last five (5) years. Include the following information: a. Client's name b. Description of financial review and year of completion c. Key personnel involved f) References. Provide at least three references (name, government entity, address, email, and telephone number). g) Manpower Allocation. Consultant shall provide an estimate of the required personnel hours by task and job title in the proposal for the tasks described in the scope of services. This information is not meant as a fee proposal, but only an indication of the level of effort envisioned for completion of the project at hand. h) Additions or Exceptions. A copy of the City's standard Professional Services Agreement is provided in the attachment. The selected Consultant will be required to execute and enter into the City's standard Professional Services Agreement. Consultant's proposal shall include a single and separate section with the heading "ADDITIONS OR EXCEPTIONS TO THE CITY'S CONTRACT LANGUAGE AND REQUIREMENTS". This section shall contain a complete and detailed description of any exceptions taken to the provisions and conditions of the standard contract language and requirements. i) A Sealed Cost Proposal. Provide a complete summary of the estimated number of consulting hours, schedule of hourly rates for each classification, and total not -to -exceed cost inclusive of ancillary costs, including travel for the Scope of Services to be performed. The estimate must be prepared in advance and submitted with the proposal in a separate sealed envelope. j) Copies. Provide five (5) bound copies and one (1) unbound copy of the proposal. Only 1 copy of the separate sealed cost proposal is required. Submission of Proposals: Complete written proposals must be submitted in a sealed envelope to: Jose E. Ometeotl, Finance Director City of Lynwood Finance Department 11330 Bullis Road Lynwood, CA 90262 RE: Special Assessment Districts Financial Review Submissions must be received by Auqust 31, 2017, at 5:00 p.m. PST. Proposals will not be accepted 14 City of Lynwood - Request for Proposals Financial Review of Existing and Anticipated Future Special Assessment Districts after this deadline. Faxed or e-mailed proposals will not be accepted. Inquiries: Questions about this RFP must be directed in writing, via email to: Jose E. Ometeotl, Finance Director iometeotl(a)-lynwood.ca.us Conditions for Proposal Acceptance: This RFP does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all proposals received as a result of this RFP, or to request and obtain, from one or more of the consulting firms submitting proposals, supplementary information as may be necessary for the City staff to analyze the proposals, or to cancel this RFP in its entirety. All proposals will become the property of the City. If any proprietary information is contained in the proposal, it should be clearly identified. Submission of a proposal indicates acceptance by the firm of the conditions contained in this RFP unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the firm selected. The consultant, by submitting a response to this RFP, waives all rights to protest or seek any legal remedies whatsoever regarding an aspect of this RFP. Although it is the City's intent to choose only a small number of most qualified consulting firms to interview with the City, the City reserves the right to choose any number of qualified finalists. SELECTION PROCESS AND CRITERIA Consultants are urged to submit concise proposals, appropriate to the scale of the project and include only items that are relevant to this specific project. The RFP process will establish a ranking based on how each proposal meets the qualifications of the Scope of Services and requirements of the RFP. The proposal shall conform to the Proposal Format and Requirements. It is important that all listed items be included in the proposal. Proposals which do not comply with all of the requirements or the proposal deadline will not be considered. The City reserves the right to reject any or all proposals without qualifications, and to negotiate specific requirements and costs using the selected proposal as a basis. The City may also contact and evaluate the consultant's references; contact any consultant to clarify any response; contact any current users of the consultant's services; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process. The City shall not be obligated to accept the lowest priced proposal, but shall make an award in the best interest of the City. After written proposals have been reviewed, discussions with prospective firms may or may not be required. If scheduled, the oral interview will be a question/answer format for the purpose of clarifying the intent of any portions of the proposal. The individual from your firm that will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. At the conclusion of the evaluation, the City will enter into contract negotiations with the top- ranking firm. If negotiations with the top-ranking firm are unsuccessful, negotiations will terminate and the City will undertake negotiations with the second -ranking firm. City staff will make recommendations to the City Council, which reserves the right to reject any or all proposals. The selection process will be completed when a contract is executed. 15 City of Lynwood - Request for Proposals Financial Review of Existing and Anticipated Future Special Assessment Districts The selected consultant shall be required to enter into the City's standard professional services agreement (see attached) and comply with all applicable insurance requirements. A current City business license is also required prior to the execution of the Services Agreement. Proposals will be evaluated based on the following criteria: ➢ Proposed Work Plan and Approach ➢ Demonstrated understanding of the tasks to be completed ➢ Firm's expertise and experience of personnel assigned to the project ➢ Completion of similar projects and references ➢ Time required to accomplish the requested services SCHEDULE Below is a preliminary schedule for the project. With the exception of the proposal submission deadline, it is possible these dates could change. Nonetheless, it is of the utmost importance to the City to move quickly through this scope of work. Schedule Distribution of RFP Deadline for submission of questions Responses to Questions Posted Deadline to submit proposals Proposal review by City selection committee Interviews with finalists Project to commence 16 July 20, 2017 August 17, 2017 August 24, 2017 August 31, 2017 September 11-14, 2017 September 26-28, 2017 October23, 2017 A �k` r ta�ai�� b AGENDA STAFF REPORT DATE: July 18, 2017 TO: Honorable Mayor and Members of the City Council Honorable Board of Directors of the Lynwood Utility Authority APPROVED BY: Alma K. Martinez, City Manag PREPARED BY: Jose Ometeotl, Director of Finance SUBJECT: Request to convene the City Council and Utility Authority to consider certain Resolutions related to the redemption of the 2008 Utility Authority Bonds and 2017A Refunding Revenue Bonds Recommendation: The Finance Division recommends that the following Resolutions be adopted; 1. A Resolution of the City Council of Lynwood approving the issuance and sale by the Lynwood Utility Authority of its Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A, and authorizing and directing the execution thereof and authorizing actions related thereto. 2. A Resolution of the Lynwood Utility Authority approving the issuance and sale by the Lynwood Utility Authority of its Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A, approving an indenture of trust, escrow deposit and trust agreement, and first amendment to indenture of trust, authorizing and directing the execution thereof and authorizing actions related thereto. 3. A Resolution of the Lynwood Utility Authority approving the redemption of outstanding 2008 bonds; making certain determinations thereto; and authorizing certain actions related thereto Background: In review, the Lynwood Utility Authority (the "Authority") is a joi powers authority duly organized and existing under and pursuant to that certai AGENDA Joint Exercise of Powers Agreement, dated as of September 1, 2003, by an ITEM between the City of Lynwood (the "City") and the Lynwood Redevelopment Agency (the "Agency" and, with the City, the "Members"), and under the provisions of Articles 1 through 4 (commencing with section 6500) of Chapter 5 of Division 7 of Title 1 of the California Government Code (the "Act"), and is authorized pursuant to Article 4 of the Act to borrow money for the purpose of financing the acquisition of bonds, notes and other obligations of, or for the purpose of making loans to, public entities, including the Members, and to provide financing for public capital improvements of public entities, including the Members. The Authority is authorized pursuant to the provisions of section 6584 of the Act (the "Bond Law"), to issue its revenue bonds for the purpose of financing facilities for the production, storage, transmission, or treatment of water or wastewater. The Authority has authorized, issued and sold $9,755,000 Lynwood Utility Authority Enterprise Revenue Bonds, 2008 Series A and $5,735,000 principal amount of its Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2009 Series. The 2008 and 2009 Bonds are secured by a pledge of net revenues received by the Authority from the operation by the City of its combined water and sewer system (the "Enterprise"). The Authority, after due investigation and deliberation, has determined that due to the prevailing interest rates in the municipal bond market it is in the interest of the Authority at this time to provide for the redemption of the 2008 Bonds and issuance of additional bonds (2017 A) under the Bond Law to (a) refund, on an advance basis, the 2009 Bonds, and (b) pay the costs of issuance of such bonds. Discussion: The financing team has investigated whether in the current market a "direct placement" or "public offering" of the Series 2017 A Bonds would be the best option for the Authority. The Authority's financial advisor and staff have determined that a refunding of the Series 2009 Bonds by way of a private placement was in the best interest of the Authority based on Market Conditions as of June 19, 2017. The private placement would generate an estimated net present value savings of $420,412.90 or 8.2%. The 2017A Bonds mature in 2029. Private Placement Bids for 2017 A Bonds were solicited from twelve banking institutions. Final bids meeting the request were received from seven of these banking institutions. California Bank & Trust, a division of ZB, N.A. submitted the best bid at 2.42%. All costs associated with the financing are paid by proceeds received from the financing and are not paid with general fund monies. These costs are estimated to be approximately $158,000. All of the outside consultants involved in the financing effort are paid on a contingency basis. The Authority has determined to issue its revenue bonds, to be designated as the Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A (the "Bonds"), to be secured by a pledge of the net revenues derived from the operation of the Enterprise, on a parity with the 2014 Bonds to be purchased by California Bank & Trust, a division of ZB, N.A. In addition to the refunding the 2009 Bonds and issuing the 2017 A Bonds the Authority has previously issued its $5,660,000 Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2014 Series dated January 1, 2014 and at this time is providing its First Amendment to Indenture of Trust, currently dated as of July 1, 2017 (the "First Amendment"), between the Authority and the 2014 Trustee. The First Amendment provides a Rate Stabilization Fund for the benefit of the Bondholders and Authority. This Authority action is included in the approval of Resolution Number TBD. Our last item for the Authority at this meeting is the adoption of Resolution Number TBD approving the redemption of the 2008 Bonds. This Authority action approves the defeasance and redemption of all outstanding 2008 Bonds. Such defeasance and redemption shall be paid from a combination of moneys available in the Authority's accounts and funds related to the 2008 Bonds and moneys legally available to the Authority. The redemption of the 2008 Bonds eliminates an average annual debt service payment of $630,000 which would have been due yearly until 2038 Fiscal Impact: There is no fiscal impact at this time. Authority's action provides for the redemption of the 2008 Bonds which eliminates an average annual debt service payment of $630,000 which would have been due yearly until 2038, repayment of the 2009 Bonds and the payment of the 2017 A Bonds which results in an estimated net present value saving to the Authority of $420,412.90 or 8.2%. ATTACHMENTS City Council Resolution No. Water Utility Authority Resolution (2017A) No. Indenture of Trust Escrow Deposit and Trust Agreement Sources and Uses First Amendment to the 2014 Bonds Indenture of Trust Water Utility Authority Resolution (2008) No. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF LYNWOOD APPROVING THE ISSUANCE AND SALE BY THE LYNWOOD UTILITY AUTHORITY OF ITS LYNWOOD UTILITY AUTHORITY ENTERPRISE REFUNDING REVENUE BONDS, 2017 SERIES A, AND AUTHORIZING AND DIRECTING THE EXECUTION THEREOF AND AUTHORIZING ACTIONS RELATED THERETO WHEREAS, the Lynwood Utility Authority (the "Authority") is a joint powers authority duly organized and existing under and pursuant to that certain Joint Exercise of Powers Agreement, dated as of September 1, 2003, by and between the City of Lynwood (the "City") and the Lynwood Redevelopment Agency (the "Agency" and, with the City, the "Members"), and under the provisions of Articles 1 through 4 (commencing with section 6500) of Chapter 5 of Division 7 of Title 1 of the California Government Code (the "Act"), and is authorized pursuant to Article 4 of the Act to borrow money for the purpose of financing the acquisition of bonds, notes and other obligations of, or for the purpose of making loans to, public entities, including the Members, and to provide financing for public capital improvements of public entities, including the Members; and WHEREAS, the Authority is authorized pursuant to the provisions of section 6584 of the Act (the "Bond Law"), to issue its revenue bonds for the purpose of financing facilities for the production, storage, transmission, or treatment of water or wastewater; and WHEREAS, the Authority has heretofore authorized, issued and sold $5,735,000 principal amount of its Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2009 Series A (the "2009 Bonds"), for the purpose of refunding, on a current basis, outstanding Lynwood Public Financing Authority Water Revenue Bonds (Water System Improvement Project), Series 1999; and WHEREAS, payment of the principal of and interest on the revenue bonds will be secured by a pledge of net revenues received by the Authority from the operation by the City of its combined water and sewer system (the "Enterprise"); and WHEREAS, the Authority, after due investigation and deliberation, has determined that it is in the interests of the Authority at this time to provide for the issuance of additional bonds under the Bond Law to (a) refund, on an advance basis, the 2009 Bonds, and (b) pay the costs of issuance of such bonds; and WHEREAS, the Authority has previously issued its $9,755,000 principal amount of its Lynwood Utility Authority Enterprise Revenue Bonds, 2008 Series A (the "2008 Bonds"); and WHEREAS, the Authority has previously issued its $5,660,000 Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2014 Series A (the "2014 Bonds"); and WHEREAS, to that end, the Authority has determined to issue its revenue bonds, to be designated as the Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A (the "Bonds"), to be secured by a pledge of the net revenues derived from the operation of the Enterprise, on a parity with the 2008 Bonds and 2014 Bonds; and WHEREAS, ZB, N.A. (the "Purchaser"), has proposed to purchase the Bonds on a private placement basis; and WHEREAS, the Council has duly considered such transactions and wishes at this time to approve said transactions in the public interests of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS: Section 1. Findings and Detenninations. The Council hereby finds hereby finds and determines that the recitals hereto are true and correct. Pursuant to the Act, the City hereby finds and determines that the issuance of the Bonds and the transactions related thereto will result in significant public benefits within the contemplation of Section 6586 of the Act. Section 2. Approval of the Bonds; Approval of Indenture. (a) The Council hereby approves the issuance of the Bonds. The maximum aggregate principal amount of the Bonds is not limited so long as the debt service payments to be made by the Authority with respect to the Bonds results in net present value savings of at least 3% as compared to the principal amount of the 2009 Bonds. (b) The Bonds shall be issued pursuant to an indenture of trust (the "Indenture"), by and between the Authority and The Bank of New York Mellon Trust Company, N.A., as trustee (the "Trustee"). The City Council hereby approves the Indenture in substantially the form on file with the Secretary, together with such non -material additions thereto and changes therein as the Mayor, the Mayor Pro Tem, the City Manager, and the Director of Finance Director of the City (the "Designated Officers") shall deem necessary, desirable or appropriate, the execution of which by the City shall be conclusive evidence of the approval of any such non -material additions and changes. The Designated Officers, each acting alone, are hereby authorized and directed to execute, and the Secretary is hereby authorized and directed to attest to, the final form of the Indenture for and in the name and on behalf of the City. The Board hereby authorizes the delivery and performance of the Indenture. Section 3. Approval of Sale of the Bonds. The Council hereby approves the sale of the Bonds by the Authority by private placement with the Purchaser. Section 4. Official Actions. The Mayor, the Mayor Pro Tem, the City Manager, the Director of Finance, and the City Clerk and any and all other officers of the City are hereby authorized and directed, for and in the name and on behalf of the City, to do any and all things and take any and all actions, including execution and delivery of any and all assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and sale of the Bonds and the consummation of the transactions as described herein. 2 Section 5. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 18th day of July, 2017. ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: Noel Tapia City Attorney 3 Maria T. Santillan-Beas Mayor APPROVED AS TO CONTENT: Alma Martinez City Manager STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 18th day of July, 2017. AYES: NOES: ABSENT: ABSTAIN: Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 18th day of July, 2017. Maria Quinonez, City Clerk RESOLUTION NO. A RESOLUTION OF THE LYNWOOD UTILITY AUTHORITY APPROVING THE ISSUANCE AND SALE BY THE LYNWOOD UTILITY AUTHORITY OF ITS LYNWOOD UTILITY AUTHORITY ENTERPRISE REFUNDING REVENUE BONDS, 2017 SERIES A, APPROVING AN INDENTURE OF TRUST, ESCROW DEPOSIT AND TRUST AGREEMENT, AND FIRST AMENDMENT TO INDENTURE OF TRUST, AUTHORIZING AND DIRECTING THE EXECUTION THEREOF AND AUTHORIZING ACTIONS RELATED THERETO WHEREAS, the Lynwood Utility Authority (the "Authority") is a joint powers authority duly organized and existing under and pursuant to that certain Joint Exercise of Powers Agreement, dated as of September 1, 2003, by and between the City of Lynwood (the "City") and the Lynwood Redevelopment Agency (the "Agency" and, with the City, the "Members"), and under the provisions of Articles 1 through 4 (commencing with section 6500) of Chapter 5 of Division 7 of Title 1 of the California Government Code (the "Act"), and is authorized pursuant to Article 4 of the Act to borrow money for the purpose of financing the acquisition of bonds, notes and other obligations of, or for the purpose of making loans to, public entities, including the Members, and to provide financing for public capital improvements of public entities, including the Members; and WHEREAS, the Authority is authorized pursuant to the provisions of section 6584 of the Act (the "Bond Law"), to issue its revenue bonds for the purpose of financing facilities for the production, storage, transmission, or treatment of water or wastewater; and WHEREAS, the Authority has heretofore authorized, issued and sold $5,735,000 principal amount of its Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2009 Series A (the "2009 Bonds"), for the purpose of refunding, on a current basis, outstanding Lynwood Public Financing Authority Water Revenue Bonds (Water System Improvement Project), Series 1999; and WHEREAS, payment of the principal of and interest on the 2009 Bonds was secured by a pledge of net revenues received by the Authority from the operation by the City of its combined water and sewer system (the "Enterprise"); and WHEREAS, the Authority, after due investigation and deliberation, has determined that it is in the interests of the Authority at this time to provide for the issuance of additional bonds under the Bond Law to (a) refund, on an advance basis, the 2009 Bonds, and (b) pay the costs of issuance of such bonds; and WHEREAS, the Authority has previously issued its $9,755,000 principal amount of its Lynwood Utility Authority Enterprise Revenue Bonds, 2008 Series A (the "2008 Bonds"); and WHEREAS, the Authority has previously issued its $5,660,000 Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2014 Series A (the "2014 Bonds"); and WHEREAS, in connection with the 2014 Bonds, the Authority desires to supplement and amend the Indenture of Trust, dated January 1, 2014, between the Authority and The Bank of New York Mellon Trust Company, N.A., as trustee (the "2014 Trustee") pursuant to a First Amendment to Indenture of Trust, currently dated as of July 1, 2017 (the "First Amendment"), between the Authority and the 2014 Trustee; and WHEREAS, to that end, the Authority has determined to issue its revenue bonds, to be designated as the Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A (the "Bonds"), to be secured by a pledge of the net revenues derived from the operation of the Enterprise, on a parity with the 2008 Bonds and 2014 Bonds; and WHEREAS, ZB, N.A. (the "Purchaser"), has proposed to purchase the Bonds on a private placement basis; and WHEREAS, the Board of Directors (the "Board") of the Authority has duly considered such transactions and wishes at this time to approve said transactions in the public interests of the Authority. NOW, THEREFORE, THE LYNWOOD UTILITY AUTHORITY DOES HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS: Section 1. Determination to Carry Out Financing. The Board hereby determines to carry out the issuance and sale of the Bonds and to provide for the refunding of the 2009 Bonds. Section 2. Issuance of the Bonds; Approval of Indenture. (a) The Board hereby authorizes the issuance of the Bonds. The maximum aggregate principal amount of the Bonds is not limited so long as the debt service payments to be made by the Authority with respect to the Bonds results in net present value savings of at least 3% as compared to the principal amount of the 2009 Bonds. (b) The Bonds shall be issued pursuant to an indenture of trust (the "Indenture"), by and between the Authority and The Bank of New York Mellon Trust Company, N.A., as trustee (the "Trustee"). The Board hereby approves the Indenture in substantially the form on file with the Secretary, together with such non -material additions thereto and changes therein as the President, the Vice President, the Executive Director, or the Finance Director of the Authority (the "Designated Officers") shall deem necessary, desirable or appropriate, the execution of which by the Authority shall be conclusive evidence of the approval of any such non -material additions and changes. The Designated Officers, each acting alone, are hereby authorized and directed to execute, and the Secretary is hereby authorized and directed to attest to, the final form of the Indenture for and in the name and on behalf of the Authority. The Board hereby authorizes the delivery and performance of the Indenture. 1A Section 3. Approval of Escrow Deposit and Trust Agreement. The Authority hereby approves the escrow deposit and trust agreement (the "Escrow Agreement"), by and between the Authority and The Bank of New York Mellon Trust Company, N.A., as escrow bank and as trustee for the 2009 Bonds (the 'Escrow Bank"), in substantially the form of the Escrow Agreement on file with the Secretary, together with such non -material additions thereto and changes therein as a Designated Officer shall deem necessary, desirable or appropriate, the execution of which by the Authority shall be conclusive evidence of the approval of any such non -material additions and changes. The Designated Officers, each acting alone, are hereby authorized and directed to execute, and the Secretary is hereby authorized and directed to attest to, the final form of the Escrow Agreement for and in the name and on behalf of the Authority. The Authority hereby authorizes the delivery and perfonnance of the Escrow Agreement. Section 4. Approval of First Amendment. The Authority hereby approves the First Amendment, in substantially the form of the First Amendment on file with the Secretary, together with such non -material additions thereto and changes therein as a Designated Officer shall deem necessary, desirable or appropriate, the execution of which by the Authority shall be conclusive evidence of the approval of any such non -material additions and changes. The Designated Officers, each acting alone, are hereby authorized and directed to execute, and the Secretary is hereby authorized and directed to attest to, the final form of the First Amendment for and in the name and on behalf of the Authority. The Authority hereby authorizes the delivery and performance of the First Amendment. Section 5. Approval of Sale of the Bonds. The Authority hereby approves the sale of the Bonds by private placement with the Purchaser. Section 6. Retention of Consultants. Wolf & Company Inc., as financial advisor, Samuel A. Ramirez & Co., Inc., as placement agent, and Nossaman LLP as bond counsel, are hereby appointed by the Authority in connection with the preparation of the Bonds transaction. The Authority hereby authorizes and directs staff to execute and deliver an agreement with said consultants or firms for their respective services and any additional consultants or firms necessary for the Bond transaction, provided that any and all compensation to such consultant or firm shall be payable solely from the proceeds of the Bonds. Section 7. Official Actions. The President, the Vice President, the Executive Director, the Finance Director, the Treasurer, the Secretary and any and all other officers of the Authority are hereby authorized and directed, for and in the name and on behalf of the Authority, to do any and all things and take any and all actions, including execution and delivery of any and all assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and sale of the Bonds and the consummation of the transactions as described herein. 3 Section 8. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 18th Day of July, 2017. ATTEST: Maria Quinonez Secretary APPROVED AS TO FORM: Noel Tapia Authority Counsel rd Maria T. Santillan-Beas Chair APPROVED AS TO CONTENT: Alma Martinez Executive Director STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, Secretary of the Lynwood Utility Authority, do hereby certify that the foregoing Resolution was passed and adopted by the Authority at a regular meeting held on the 18th day of July, 2017. AYES: NOES: ABSENT: ABSTAIN: Maria Quinonez, Secretary STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, Secretary of the Lynwood Utility Authority, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 18th day of July, 2017. Maria Quinonez, Secretary RESOLUTION NO. A RESOLUTION OF THE LYNWOOD UTILITY AUTHORITY APPROVING THE REDEMPTION OF OUTSTANDING 2008 BONDS; MAKING CERTAIN DETERMINATIONS THERETO; AND AUTHORIZING CERTAIN ACTIONS RELATED THERETO WHEREAS, the Lynwood Utility Authority (the "Authority") is a joint powers authority duly organized and existing under and pursuant to that certain Joint Exercise of Powers Agreement, dated as of September 1, 2003, by and between the City of Lynwood (the "City") and the Lynwood Redevelopment Agency (the "Agency" and, with the City, the "Members"), and under the provisions of Articles 1 through 4 (commencing with section 6500) of Chapter 5 of Division 7 of Title 1 of the California Government Code (the "Act"), and is authorized pursuant to Article 4 of the Act to borrow money for the purpose of financing the acquisition of bonds, notes and other obligations of, or for the purpose of making loans to, public entities, including the Members, and to provide financing for public capital improvements of public entities, including the Members; and WHEREAS, the Authority is authorized pursuant to the provisions of section 6546 of the Act (the "Bond Law"), to issue its revenue bonds for the purpose of financing facilities for the production, storage, transmission, or treatment of water or wastewater; and WHEREAS, the Authority has heretofore authorized, issued and sold $9,755,000 principal amount of its Lynwood Utility Authority Enterprise Revenue Bonds, 2008 Series A (the "2008 Bonds"), for the purpose of refunding, on a current basis, outstanding Lynwood Public Financing Authority Water Revenue Bonds (Water System Improvement Project), Series 1995 and for the purpose of financing certain new improvements to the water distribution system of the City and certain capital improvements for the City; and WHEREAS, the Authority, after due investigation and deliberation, has detennined that it is in the interests of the Authority at this time to provide for the defeasance and redemption of all outstanding 2008 Bonds; and WHEREAS, the Board of Directors of the Authority has duly considered such transaction and wishes at this time to approve said transaction in the public interests of the Authority. NOW, THEREFORE, THE LYNWOOD UTILITY AUTHORITY DOES HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS: Section 1. Approval of Defeasance and Redemption. The defeasance and redemption of all outstanding 2008 Bonds is hereby authorized and directed. Such defeasance and redemption shall be paid from a combination of moneys available in the accounts and funds related to the 2008 Bonds and moneys legally available to the Authority. 1 Section 2. Official Actions. The President, the Vice President, the Executive Director, the Finance Director, the Treasurer, the Secretary and any and all other officers of the Authority are hereby authorized and directed, for and in the name and on behalf of the Authority, to do any and all things and take any and all actions, including execution and delivery of any and all assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the transaction as described herein. 2 Section 3. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 18th Day of July, 2017. ATTEST: Maria Quinonez Secretary APPROVED AS TO FORM: Noel Tapia Authority Counsel Maria T. Santillan-Beas Chair APPROVED AS TO CONTENT: Alma Martinez Executive Director STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, Secretary of the Lynwood Utility Authority, do hereby certify that the foregoing Resolution was passed and adopted by the Authority at a regular meeting held on the 18th day of July, 2017. AYES: NOES: ABSENT: ABSTAIN: Maria Quinonez, Secretary STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, Secretary of the Lynwood Utility Authority, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 18th day of July, 2017. Maria Quinonez, Secretary INDENTURE OF TRUST by and between the LYNWOOD UTILITY AUTHORITY and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee Dated as of August 1, 2017 Relating to the Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A TABLE OF CONTENTS Page ARTICLE I DEFINITIONS; RULES OF CONSTRUCTION; EQUAL SECURITY ...................3 Section1.01. Definitions.................................................................................................3 Section 1.02. Rules of Construction..............................................................................17 Section 1.03. Equal Security.........................................................................................17 ARTICLEII THE BONDS...........................................................................................................19 Section 2.01. Authorization of the Bonds.....................................................................19 Section 2.02. Terms of the Bonds.................................................................................19 Section 2.03. Form of Bonds.........................................................................................20 Section 2.04. Execution of Bonds.................................................................................20 Section 2.05. Transfer of Bonds....................................................................................20 Section 2.06. Exchange of Bonds..................................................................................21 Section 2.07. Temporary Bonds....................................................................................21 Section 2.08. Bond Registration Books........................................................................21 Section 2.09. Bonds Mutilated, Lost, Destroyed or Stolen...........................................21 ARTICLE III ISSUE OF BONDS; APPLICATION OF PROCEEDS; COSTS OF ISSUANCEFUND..................................................................................................................23 Section 3.01. Issuance of Bonds....................................................................................23 Section 3.02. Application of Proceeds of Bonds and Other Moneys ............................23 Section 3.03. Establishment and Application of Costs of Issuance Fund .....................23 Section3.04. [Reserved.]..............................................................................................23 Section 3.05. Validity of Bonds....................................................................................23 Section 3.06. Rate Stabilization Fund...........................................................................24 ARTICLE IV REDEMPTION OF BONDS..................................................................................25 Section 4.01. Terms of Redemption..............................................................................25 Section 4.02. Selection of Bonds for Redemption........................................................25 Section 4.03. Notice of Redemption.............................................................................26 Section 4.04. Partial Redemption of Bonds..................................................................26 Section 4.05. Effect of Redemption..............................................................................27 ARTICLE V GROSS REVENUES; NET REVENUES...............................................................28 Section 5.01. Pledge of Net Revenues..........................................................................28 Section 5.02. Receipt, Deposit and Application of Revenues and Net Revenues; Rate Stabilization Fund...........................................................................29 Section 5.03. Application of Interest Account..............................................................30 Section 5.04. Application of Principal Account............................................................30 Section 5.05. [Reserved ................................................. Error! Bookmark not defined. Section 5.06. Application of Redemption Fund............................................................33 Section 5.07. Investment of Moneys in Funds and Accounts.......................................33 ARTICLE VI COVENANTS OF THE AUTHORITY; SPECIAL TAX COVENANTS ............ 35 Section 6.01. Punctual Payment....................................................................................35 Section 6.02. Extension of Payment of Bonds..............................................................35 Section 6.03. Discharge of Claims................................................................................35 Section 6.04. Operation of Enterprise in Efficient and Economical Manner................35 Section 6.05. Against Encumbrance.............................................................................35 Section 6.06. Records and Accounts.............................................................................36 Section 6.07. Rates and Charges...................................................................................36 Section 6.08. Limitations on Future Obligations Secured by Net Revenues ................37 Section 6.09. Further Assurances..................................................................................39 Section 6.10. Waiver of Laws.......................................................................................39 Section 6.11. Private Activity Bond Limitation............................................................39 Section 6.12. Private Loan Financing Limitation.........................................................39 Section 6.13. Federal Guarantee Prohibition.................................................................39 Section 6.14. Rebate Requirement................................................................................39 Section 6.15. No Arbitrage............................................................................................39 Section 6.16. Maintenance of Tax-Exemption..............................................................39 Section 6.17. Assumption of Obligations Upon Termination of the Lease Agreement...............................................................................................40 ARTICLE VII MAINTENANCE, TAXES, INSURANCE AND CONDEMNATION ..............41 Section 7.01. Maintenance and Operation of the Enterprise.........................................41 Section 7.02. Taxes, Assessments, Other Governmental Charges and Utility Section 8.03. Charges....................................................................................................41 Section 7.03. Public Liability and Property Damage Insurance....................................41 Section 7.04. Casualty Insurance..................................................................................41 Section 7.05. Insurance Net Proceeds; Form of Policies..............................................42 Section 7.06. Eminent Domain.....................................................................................42 ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES OF BONDOWNERS...................43 Section 8.01. Events of Default.....................................................................................43 Section 8.02. Acceleration of Maturities.......................................................................43 Section 8.03. Application of Net Revenues and Other Funds After Default ................44 Section 8.04. Trustee to Represent Owners..................................................................45 Section 8.05. Owners' Direction of Proceedings..........................................................45 Section 8.06. Limitation on Owners' Right to Sue.......................................................45 Section 8.07. Absolute Obligation of Authority...........................................................46 Section 8.08. Termination of Proceedings....................................................................46 Section 8.09. Remedies Not Exclusive.........................................................................46 Section 8.10. No Waiver of Default..............................................................................46 ARTICLEIX THE TRUSTEE......................................................................................................47 Section 9.01. Appointment of Trustee; Duties, Immunities and Liabilities of Trustee.....................................................................................................47 Section 9.02. Merger or Consolidation.........................................................................48 Section 9.03. Liability of Trustee..................................................................................48 Section 9.04. Right of Trustee to Rely on Documents..................................................51 Section 9.05. Preservation and Inspection of Documents.............................................51 Section 9.06. Compensation of Trustee........................................................................51 Section 9.07. Indemnification.......................................................................................51 ARTICLE X MODIFICATION OR AMENDMENT OF THE INDENTURE ............................52 Section 10.01. Amendments Permitted...........................................................................52 Section 10.02. Effect of Supplemental Indenture...........................................................53 Section 10.03. Endorsement of Bonds; Preparation of New Bonds................................53 Section 10.04. Amendment of Particular Bonds.............................................................54 ARTICLE XI DEFEASANCE......................................................................................................55 Section 11.01. Discharge of Indenture............................................................................55 Section 11.02. Discharge of Liability on Bonds.............................................................55 Section 11.03. Deposit of Money or Securities with Trustee..........................................56 Section 11.04. Payment of Bonds After Discharge of Indenture....................................56 ARTICLE XII MISCELLANEOUS..............................................................................................57 Section 12.01. Liability of Authority Limited to Net Revenues.....................................57 Section 12.02. Successor Is Deemed Included in All References to Predecessor ..........57 Section 12.03. Limitation of Rights to Parties and Owners............................................57 Section 12.04. Waiver of Notice.....................................................................................57 Section 12.05. Destruction of Bonds...............................................................................57 Section 12.06. Severability of Invalid Provisions...........................................................57 Section12.07. Notices......................................................................................................58 Section 12.08. Evidence of Rights of Owners................................................................58 Section 12.09. Disqualified Bonds..................................................................................59 Section 12.10. Money Held for Particular Bonds...........................................................59 Section 12.11. Funds and Accounts................................................................................59 Section 12.12. Article and Section Headings and References........................................59 Section 12.13. Waiver of Personal Liability...................................................................59 Section 12.14. Execution in Several Counterparts..........................................................60 Section 12.15. Governing Law........................................................................................60 EXHIBIT A—FORM OF BOND EXHIBIT B—FORM OF INVESTOR LETTER in INDENTURE OF TRUST THIS INDENTURE OF TRUST, is dated as of August 1, 2017, by and between the LYNWOOD UTILITY AUTHORITY, a joint exercise of powers authority organized and existing under the constitution and laws of the State of California (the "Authority"), and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., a national banking association organized and existing under the laws of the United States of America, with a corporate trust office in Los Angeles, California, and being qualified to accept and administer the trusts hereby created (the "Trustee"); WITNESSETH: WHEREAS, the Authority is a joint powers authority duly organized and existing under and pursuant to that certain Joint Exercise of Powers Agreement, dated as of September 1, 2003, by and between the Authority of Lynwood (the "Authority") and the Lynwood Redevelopment Agency (the "Agency" and, with the Authority, the "Members"), and under the provisions of Articles 1 through 4 (commencing with section 6500) of Chapter 5 of Division 7 of Title 1 of the California Government Code (the "Act"), and is authorized pursuant to Article 4 of the Act to borrow money for the purpose of financing the acquisition of bonds, notes and other obligations of, or for the purpose of making loans to, public entities, including the Members, and to provide financing for public capital improvements of public entities, including the Members; WHEREAS, the Authority is authorized pursuant to the provisions of section 6546 of the Act (the "Bond Law"), to issue its revenue bonds for the purpose of financing facilities for the production, storage, transmission, or treatment of water or wastewater; WHEREAS, the Authority has heretofore authorized, issued and sold $5,735,000 principal amount of its Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2009 Series A (the "2009 Bonds"), for the purpose of refunding, on a current basis, outstanding Lynwood Public Financing Authority Water Revenue Bonds (Water System Improvement Project), Series 1999; WHEREAS, payment of the principal of and interest on the 2009 Bonds was secured by a pledge of net revenues received by the Authority from the operation by the City of its combined water and sewer system (the "Enterprise"); WHEREAS, the Authority, after due investigation and deliberation, has determined that it is in the interests of the Authority at this time to provide for the issuance of additional bonds under the Bond Law to (a) refund, on an advance basis, the 2009 Bonds, and (b) pay the costs of issuance of such bonds; WHEREAS, to that end, the Authority has determined to issue its revenue bonds, to be designated as the Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A, in the principal amount of $ (the "Bonds"), to be secured by a pledge of the net revenues derived from the operation of the Enterprise, on a parity with the 2008 Bonds and 2014 Bonds (each defined below); WHEREAS, in order to provide for the authentication and delivery of the Bonds from time to time and in such series as may be established by the Authority, to establish and declare the terms and conditions upon which the Bonds are to be issued and secured and to secure the payment of the principal thereof and premium (if any) and of the interest thereon, the Board of Directors of the Authority has authorized the execution of this Indenture; WHEREAS, all Bonds issued under this Indenture will be secured by a pledge of the Net Revenues, as defined herein, and certain other moneys and securities held by the Trustee hereunder; and WHEREAS, all acts and proceedings required by law necessary to make the Bonds, when executed by the Authority, authenticated and delivered by the Trustee and duly issued, the valid, binding and legal special obligations of the Authority, and to constitute this Indenture a valid and binding agreement for the uses and purposes herein set forth, in accordance with its terms, have been done and taken; and the execution and delivery of this Indenture have been in all respects duly authorized. NOW, THEREFORE, THIS INDENTURE WITNESSETH, that in order to secure the payment of the principal of and premium (if any) and interest on all Bonds at any time issued and Outstanding under this Indenture, according to their tenor, and to secure the performance and observance of all the covenants and conditions therein and herein set forth, and to declare the terms and conditions upon and subject to which the Bonds are to be issued and received, and in consideration of the premises and of the mutual covenants herein contained and of the purchase and acceptance of the Bonds by the owners thereof, and for other valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Authority does hereby covenant and agree with the Trustee, for the benefit of the respective owners from time to time of the Bonds, as follows: -2- ARTICLE I DEFINITIONS; RULES OF CONSTRUCTION; EQUAL SECURITY Section 1.01. Definitions. Unless the context otherwise requires, the terms defined in this Section 1.01 shall for all purposes of this Indenture and of any Supplemental Indenture and of any certificate, opinion, request or other documents herein mentioned, have the meanings herein specified, to be equally applicable to both the singular and plural forms of any of the terms herein defined. "Act" means Articles 1 through 4 (commencing with section 6500) of Chapter 5 of Division 7 of Title 1 of the California Government Code. "Additional Revenues" means, with respect to the issuance of any Bonds or Parity Obligations, an allowance for Net Revenues (i) arising from any increase in the charges made for service from the Enterprise adopted prior to the incurring of such Bonds or Parity Obligations and effective within eighteen (18) months following the date of incurring such Bonds or Parity Obligations, in an amount equal to the total amount by which the Net Revenues would have been increased if such increase in charges had been in effect during the whole of the most recent completed Fiscal Year or during any more recent twelve (12) month period selected by the Authority, and (ii) arising from any increase in service connections to the Enterprise prior to the incurring of such Bonds or Parity Obligations, in an amount equal to the total amount by which the Net Revenues would have been increased if such connections had been in existence during the whole of the most recent completed Fiscal Year or during any more recent twelve (12) month period selected by the Authority, all as shown by the certificate or opinion of an Independent Financial Consultant. "Approved Institutional Buyer" means an institution or Person which meets at least one of the following criteria: 1. Any of the following entities, acting for its own account or the accounts of other Approved Institutional Buyers, that in the aggregate owns and invests on a discretionary basis at least $100 million in securities of issuers that are not affiliated with the entity: (A) Any insurance company as defined in Section 2(13) of the Securities Act of 1933, as amended; NOTE: A purchase by an insurance company for one or more of its separate accounts, as defined by Section 2(a)(37) of the Investment Company Act of 1940 (the "Investment Company Act"), which are neither registered under Section 8 of the Investment Company Act nor required to be so registered, shall be deemed to be a purchase for the account of such insurance company. (B) Any investment company registered under the Investment Company Act or any business development company as defined in Section 2(a)(48) of that Act; -3- (C) Any Small Business Company licensed by the U.S. Small Business Administration under Section 301(c) or (d) of the Small Business Investment Act of 1958; (D) Any plan established and maintained by a state, its political subdivisions, or any agency or instrumentality of a state or its political subdivisions, for the benefit of its employees; (E) Any employee benefit plan within the meaning of Title I of the Employee Retirement Income Security Act of 1974; (F) Any trust fund whose trustee is a bank or trust company and whose participants are exclusively plans of the types identified in paragraph (1)(D) or (E) of this section, except trust funds that include as participants individual retirement accounts or H.R. 10 plans; (G) Any business development company as defined in Section 202(a)(22) of the Investment Advisers Act of 1940; or (H) Any bank as defined in section 3(a)(2) of the Securities Act of 1933, as amended (the "Securities Act") or a savings and loan association or other institution as defined in Section 3(a)(5) of the Securities Act whether acting in its individual or fiduciary capacity. 2. Any dealer registered pursuant to Section 15 of the Securities Exchange Act of 1934, as amended, acting for its own account or the accounts of other Approved Institutional Buyers, that in the aggregate owns and invests on a discretionary basis at least $10 million of securities of issuers that are not affiliated with the dealer, provided, that securities constituting the whole or a part of an unsold allotment to or subscription by a dealer as a participant in a public offering shall not be deemed to be owned by such dealer. 3. Any dealer registered pursuant to Section 15 of the Securities Exchange Act of 1934, as amended, acting in a riskless principal transaction on behalf of an Approved Institutional Buyer. NOTE:A registered dealer may act as agent, on a non -discretionary basis, in a transaction with an Approved Institutional Buyer without itself having to be an Approved Institutional Buyer. 4. Any investment company registered under the Investment Company Act, acting for its own account or for the accounts of other Approved Institutional Buyers, that is part of a family of investment companies which own in the aggregate at least $100 million in securities of issuers, other than issuers that are affiliated with the investment company or are part of such family of investment companies. "Family of investment companies" means any two or more investment companies registered under the Investment Company Act, except for a unit investment trust whose assets consist solely of shares of one or more registered investment companies, that have the same investment adviser (or, in the case of unit investment trusts, the same depositor), provided, that, for purposes of this section: -4- (A) Each series of a series company (as defined in Rule 18f-2 under the Investment Company Act [17 CFR 270.18f-2]) shall be deemed to be a separate investment company; and (B) Investment companies shall be deemed to have the same adviser (or depositor) if their advisers (or depositors) are majority-owned subsidiaries of the same parent, or if one investment company's adviser (or depositor) is a majority-owned subsidiary of the other investment company's adviser (or depositor). 5. Any entity, all of the equity owners of which are Approved Institutional Buyers, acting for its own account or the accounts of other Approved Institutional Buyers. 6. Any bank as defined in Section 3(a)(2) of the Securities Act of 1933, as amended, any savings and loan association or other institution as referenced in Section 3(a)(5)(A) of the Securities Act of 1933, as amended, or any foreign bank or savings and loan association or equivalent institution, acting for its own account or the accounts of other Approved Institutional Buyers, that in the aggregate owns and invests on a discretionary basis at least $100 million in securities of issuers that are not affiliated with it and that has an audited net worth of at least $25 million as demonstrated in its latest annual financial statements, as of a date not more than 16 months preceding the date of sale under Rule 144A of the Securities Act of 1933 in the case of a U.S. bank of savings and loan association, and not more than 18 months preceding such date of sale for a foreign bank or savings and loan association or equivalent institution. 7. Any insurance company as defined in Section 2(13) of the Exchange Act; 8. Any investment company registered under the Investment Company act of 1940, as amended (the "Investment Company Act"), or a business development company as defined in Section 2(a)(48) of the Investment Company Act; 9. Any Small Business Investment Company licensed by the small Business Administration under Section 301(c) or Section 301(d) of the Small Business Investment Act of 1958, as amended; 10. Any plan established and maintained by a state, its political subdivisions, or any agency or instrumentality of a state or its political subdivision for the benefit or its employees, if investment decisions are made by a plan fiduciary which is a bank, savings and loan association, insurance company, or registered investment advisor and the plan establishes fiduciary principles the same as or similar to those contained in Sections 404-407 of Title I of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"); 11. Any employee benefit plan within the meaning of ERISA if investment decisions are made by a, plan fiduciary, as defined in Section 3(21) of ERISA, which is either a bank, savings and loan association, insurance company, or registered investment advisor, or if the employee benefit plan has total assets in excess of $5,000,000, or, if a self-directed plan, with investment decisions made solely by persons that are accredited investors; -5- 12. Any natural person whose individual net worth, or joint net worth with that person's spouse, at the time of his purchase exceeds $2,000,000; 13. The trustee of a trust whose securities are registered pursuant to an effect registration statement under the Securities Act. 14. Any investment adviser registered under the Investment Advisers Act. 15. Any trust, with total assets in excess of $5,000,000, not formed for the specific purpose of acquiring the securities offered, whose purchase is directed by a sophisticated person. For purposes of this defined term, a sophisticated person shall mean a purchaser who has such knowledge and experience in financial and business matters that such purchaser is capable of evaluating the merits and risks of the prospective investment; provided that such investor signs an investor letter in substantially the form set forth in Exhibit B hereto. In determining the aggregate amount of securities owned and invested on a discretionary basis by an entity, the following instruments and interests shall be excluded: bank deposit notes and certificates of deposit; loan participations; repurchase agreements; securities owned but subject to a repurchase agreement; and currency, interest rate and commodity swaps. The aggregate value of securities owned and invested on a discretionary basis by an entity shall be the cost of such securities, except where the entity reports its securities holdings in its financial statements on the basis of their market value, and no current information with respect to the cost of those securities has been published. In the latter event, the securities may be valued at market for purposes of this section. In determining the aggregate amount of securities owned by an entity and invested on a discretionary basis, securities owned by subsidiaries of the entity that are consolidated with the entity in its financial statements prepared in accordance with generally accepted accounting principles may be included if the investments of such subsidiaries are managed under the direction of the entity, except that, unless the entity is a reporting company under Section 13 or 15(d) of the Securities Exchange Act of 1934, as amended, securities owned by such subsidiaries may not be included if the entity itself is a majority-owned subsidiary that would be included in the consolidated financial statements of another enterprise. For purposes of this section, "riskless principal transaction" means a transaction in which a dealer buys a security from any person and makes a simultaneous offsetting sale of such security to an Approved Institutional Buyer, including another dealer acting as riskless principal for an Approved Institutional Buyer. "Authority" means the Lynwood Utility Authority, a joint exercise of powers authority organized and existing under the constitution and laws of the State, and any successor thereto. "Authorized Representative" means, with respect to the Authority, the Executive Director of the Authority or any other person designated as an Authorized Representative of the Authority by a Certificate of the Authority signed by the Executive Director of the Authority and filed with the Trustee. -6- "Board of Directors" means the Board of Directors of the Authority. "Bond Fund" means the fund by that name established pursuant to Section 5.02. "Bond Law" means section 6546 of the Act, as in effect on the Closing Date or as thereafter amended in accordance with its terms. "Bond Registration Books" means the books maintained by the Trustee pursuant to Section 2.08 for the registration and transfer of ownership of the Bonds. "Bond Year" means any twelve-month period commencing on June 2 in a year and ending on the next succeeding June 1, both dates inclusive; provided, however, that the first Bond Year shall commence on the Closing Date relating to the Bonds and shall end on June 1, 2018. "Bonds" means the Authority's Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A, issued and at any time Outstanding hereunder. "Business Day" means a day of the year on which banks in Los Angeles, California, are not required or authorized to remain closed and on which The New York Stock Exchange is not closed. "Certificate," "Statement," "Request," "Requisition" and "Order" of the Authority mean, respectively, a written certificate, statement, request, requisition or order signed in the name of the Authority by an Authorized Representative of the Authority. Any such instrument and supporting opinions or representations, if any, may, but need not, be combined in a single instrument with any other instrument, opinion or representation, and the two or more so combined shall be read and construed as a single instrument. "City" means the City of Lynwood, a general law city and municipal corporation organized and existing under the constitution and laws of the State, and any successor thereto. "City Council" means the City Council of the City. "Closing Date" means the date upon which there is an exchange of the Bonds for the proceeds representing the purchase of the Bonds by the original purchasers thereof. "Code" means the Internal Revenue Code of 1986 as in effect on the Closing Date, or as it may be amended to apply to obligations issued on the Closing Date, together with applicable temporary and final regulations promulgated under the Code. "Costs of Issuance" means all expenses directly or indirectly payable by the Authority and related to the authorization, issuance, sale and delivery of Bonds, including but not limited to advertising and printing costs, costs of preparation and reproduction of documents, filing and recording fees, initial fees and charges of the Trustee, compensation, fees and expenses of the Authority, the Trustee and its respective counsel, compensation to any financial consultants or underwriters, legal fees and expenses, rating agency fees, bond insurance fees, fees and charges -7- for preparation, execution, transportation and safekeeping of Bonds, and any other cost, charge or fee in connection with the original issuance of Bonds. "Costs of Issuance Fund" means the fund so designated and established pursuant to Section 3.03. "Debt Service" means, during any period of computation, the amount obtained for such period by totaling the following amounts: (a) The principal amount of all Outstanding Bonds coming due and payable by their terms in such period; and. (b) The interest which would be due during such period on the aggregate principal amount of Bonds which would be Outstanding in such period if the Bonds are retired as scheduled, but deducting and excluding from such aggregate amount the amount of Bonds no longer Outstanding. "Defeasance Obligations" means (a) cash, and (b) Federal Securities. Any security used for defeasance must provide for the timely payment of principal and interest and cannot be callable or prepayable prior to maturity or earlier redemption of the rated debt (excluding securities that do not have a fixed par value and/or whose terms do not promise a fixed dollar amount at maturity or call date). "Enterprise" means the properties and assets, real and personal, tangible and intangible, of the City, now or hereafter existing, used or pertaining to the generation, transmission, distribution and sale of water, and all facilities necessary for the disposal or reuse of wastewater, including sewage treatment plants, intercepting and collecting sewers, outfall sewers, force mains, pumping stations, ejector stations, pipes, valves, machinery and other appurtenances for the collection, treatment, purification or disposal of sewage, including all additions, expansions, improvements and betterments thereto and equipping thereof. "Escrow Agreement" means the Escrow Deposit and Trust Agreement, dated as of August 1, 2017, between the Authority and the Escrow Bank, relating to the refunding of the 2009 Bonds. "Escrow Bank" means The Bank of New York Mellon Trust Company, N.A., a national banking association organized and existing under and pursuant to the laws of the United States of America. "Escrow Fund" means the Escrow Fund established and held by the Escrow Bank pursuant to the Escrow Agreement. "Event of Default" means any of the events of default described in Section 8.01. "Federal Securities" means (a) cash (fully insured by the Federal Deposit Insurance Corporation), (b) direct obligations (other than an obligation subject to variation in principal repayment) of the United States of America ("U.S. Treasury Obligations"), (c) obligations fully and unconditionally guaranteed as to timely payment of principal and interest by the United -8- States of America, (d) obligations fully and unconditionally guaranteed as to timely payment of principal and interest by any agency or instrumentality of the United States of America when such obligations are backed by the full faith and credit of the United States of America, or (e) evidences of ownership of proportionate interests in future interest and principal payments on obligations describe above held by a bank or trust company as custodian, under which the owner of the investment is the real party in interest and has the right to proceed directly and individually against the obligator and the underlying government obligations are not available to any person claiming through the custodian or to whom the custodian may be obligated. "Fiscal Year" means the period commencing on July 1 of each year and terminating on the next succeeding June 30. "Governmental Loan" means a loan from the State or the United States of America, acting through any of its agencies, to finance improvements to the Enterprise, and the obligation of the Authority to make payments to the State or the United States of America under the loan agreement memorializing said loan on a parity basis with the payment of Debt Service payments. "Indenture" means this Indenture of Trust, as originally executed or as it may from time to time be supplemented, modified or amended by any Supplemental Indenture pursuant to the provisions hereof. "Independent Accountant" means any certified public accountant or firm of such accountants appointed and paid by the Authority, and who, or each of whom: (a) is in fact independent and not under domination of the Authority; (b) does not have any substantial interest, direct or indirect, with the Authority; and (c) is not connected with the Authority as an officer or employee of the Authority, but who may be regularly retained to make annual or other audits of the books of or reports to the Authority. "Independent Financial Consultant" means any financial consultant or firm of such consultants of national reputation generally recognized to be well qualified in financial matters relating to systems similar to the Enterprise, appointed and paid by the Authority, and who, or each of whom -- 1. is in fact independent and not under the control of the Authority; 2. does not have a substantial financial interest, direct or indirect, in the Authority; and 3. is not connected with the Authority as a board member, officer or employee of the Authority or City, but may be regularly retained to make reports to the Authority or City. "Insurance Consultant" means a person (which may be the Authority's insurance agent or broker) having experience and a favorable reputation in consulting on the insurance 0 requirements of water and sewer utilities in the State of the general size and character of the Enterprise, selected by the Authority. "Interest Account" means the account by that name in the Bond Fund established pursuant to Section 5.02. "Interest Payment Date" means June I and December 1 in each year, beginning December 1, 2017, and continuing so long as any Bonds remain Outstanding. "Lease Agreement" means that certain Enterprise Lease Agreement, dated as of April 1, 2003, by and between the City and the Authority, pursuant to which the City leased the Enterprise to the Authority and the Authority leased the Enterprise from the City. "Maximum Aggregate Annual Debt Service" means, as of the date of calculation, the maximum amount of Debt Service for the current or any future Bond Year with respect to all Bonds and any Parity Obligations Outstanding. "Moody's" means Moody's Investors Service, Inc., or any successor thereto. "Net Proceeds" means the par amount of the Bonds plus accrued interest and premium, if any, less the amount of any underwriter's and original issue discount, if any, less the proceeds applied to pay Costs of Issuance, and less the amount of proceeds deposited in the Reserve Account. "Net Revenues" means, for any Fiscal Year, an amount equal to all of the Revenues received with respect to such Fiscal Year, minus the amount required to pay all Operation and Maintenance Costs becoming payable with respect to such Fiscal Year. "Operation and Maintenance Costs" means costs spent or incurred for maintenance and operation of the Enterprise calculated in accordance with generally accepted accounting principles, including (among other things) the cost of purchasing water, the reasonable expenses of management and repair and other expenses necessary to maintain and preserve the Enterprise in good repair and working order, and including administrative costs of the City that are charged directly or apportioned to the Enterprise, including but not limited to salaries and wages of employees, payments to any pension system, overhead, insurance, taxes (if any), fees of auditors, accountants, attorneys or engineers and insurance premiums, and including all other reasonable and necessary costs of the City and the Authority or charges (other than debt service payments) required to be paid by it to comply with the terms of the Bonds or of any resolution or indenture authorizing the issuance of Parity Obligations, or of such Parity Obligations, but excluding, in all cases, depreciation, replacement and obsolescence charges or reserves therefore and amortization of intangibles or other bookkeeping entries of a similar nature and all capital charges. "Optional Redemption Account" means the account by that name in the Redemption Fund established pursuant to Section 5.06. "Outstanding," when used as of any particular time with reference to Bonds, means all Bonds theretofore executed, issued and delivered by the Authority under this Indenture except: -10- (a) Bonds theretofore canceled by the Trustee or surrendered to the Trustee for cancellation; (b) Bonds paid or deemed to have been paid within the meaning of Section 11.01; and (c) Bonds in lieu of or in substitution for which other Bonds shall have been executed, issued and delivered by the Authority pursuant to this Indenture or any Supplemental Indenture. "Owner" or "Bond Owner," when used with respect to any Bond, means the person in whose name the ownership of such Bond shall be registered on the Bond Registration Books. Initially, the Owner is ZB, National Association. "Parity Obligations" means indebtedness or other obligations of the Authority (including leases and installment sale agreements) hereafter issued or incurred and secured by a pledge of and lien on Net Revenues equally and ratably with the Bonds. For all purposes of this Indenture, the 2008 Bonds and the 2014 Bonds shall constitute, be deemed to be and be treated as Parity Obligations. "Permitted Investments" means the following: (a) Federal Securities; (b) Federal Housing Administration debentures; (c) The following listed obligations government-sponsored agencies which are not backed by the full faith and credit of the United States of America: (i) Federal Home Loan Mortgage Corporation (FHLMC) senior debt obligations and participation certificates (excluded are stripped mortgage securities which are purchased at prices exceeding their principal amounts), (ii) Farm Credit System (formerly Federal Land Banks, Federal Intermediate Credit Banks and Banks for Cooperatives) consolidated system -wide bonds and notes, (iii) Federal Home Loan Banks (FHL Banks) consolidated debt obligations, and (iv) Federal National Mortgage Association (FNMA) senior debt obligations and mortgage-backed securities (excluded are stripped mortgage securities which are purchased at prices exceeding their principal amounts); (d) Unsecured certificates of deposit, time deposits, and bankers' acceptances (having . maturities of not more than 365 days) of any bank the short-term obligations of which are rated "A-1+" or better by S&P and "Prime -1" by Moody's, which may include the Trustee and its affiliates. -11- (e) Deposits the aggregate amount of which are fully insured by the Federal Deposit Insurance Corporation, in banks which have capital and surplus of at least $15 million. (f) Commercial paper (having original maturities of not more than 270 days) rated at the time of purchase "A-1+" by S&P and "Prime -1" by Moody's. (g) Money market funds rated "AAm" by S&P, or better and if rated by Moody's rated "Aa2" or better, including funds for which the Trustee, its parent holding company, if any, or any affiliates or subsidiaries of the Trustee receives and retains a fee for services provided to the fund, whether as a custodian, transfer agent, investment advisor or otherwise. (h) "State Obligations," which means: (i) Direct general obligations of any state of the United States of America or any subdivision of agency thereof to which is pledged the full faith and credit of a state the unsecured general obligation debt of which is rated at least "A3" by Moody's and at least "A-" by S&P, or any obligation fully and unconditionally guaranteed by any state, subdivision or agency whose unsecured general obligation debt is so rated, (ii) Direct general short-term obligations of any state agency or subdivision or agency thereof described in (i) above and rated "A-1+" by S&P and "MIG -1" by Moody's, and (iii) Special Revenue Bonds (as defined in the United States Bankruptcy Code) of any state or state agency described in (ii) above and rated "AA-" or better by S&P and "Aa3" or better by Moody's; (i) Pre -refunded municipal obligations rated "AAA" by S&P and "Aaa" by Moody's meeting the following requirements: (i) the municipal obligations are (A) not subject to redemption prior to maturity or (B) the trustee for the municipal obligations has been given irrevocable instructions concerning their call and redemption and the issuer of the municipal obligations has covenanted not to redeem such municipal obligations other than as set forth in such instructions, (ii) the municipal obligations are secured by cash or U.S. Treasury Obligations which may be applied only to payment of the principal of, interest and premium on such municipal obligations, (iii) the principal of and interest on the U.S. Treasury Obligations (plus any cash in the escrow) has been verified by the report of independent certified public accountants to be sufficient to pay in full all principal of, interest, and premium, if any, due and to become due on the municipal obligations ("Verification Report"), (iv) the cash or U.S. Treasury Obligations serving as security for the municipal obligations are held by an escrow agent or trustee in trust for owners of the municipal obligations (v) no substitution of a U.S. Treasury Obligation shall be permitted except with another U.S. Treasury Obligation and upon delivery of a new Verification Report, and -12- (vi) the cash or U.S. Treasury Obligations are not available to satisfy any other claims, including those by or against the trustee or escrow agent. 0) Repurchase agreements with (i) any domestic bank, or domestic branch of a foreign bank, the long term debt of which is rated at least "A-" by S&P and "A3" by Moody's; or (ii) any broker-dealer with "retail customers" or a related affiliate thereof which broker-dealer has, or the parent company (which guarantees the provider) of which has, long- term debt rated at least "A-" by S&P and "A3" by Moody's, which broker-dealer falls under the jurisdiction of the Securities Investors Protection Corporation, or (iii) any other entity rated at least "A-" by S&P and "A3" Moody's (each an "Eligible Provider"), provided that: (A) (1) permitted collateral shall include U.S. Treasury Obligations, or senior debt obligations of GNMA, FNMA or FHLMC (no collateralized mortgage obligations shall be permitted for these providers), and (2) collateral levels must_ be at least 102% of the total principal when the collateral type is U.S. Treasury Obligations, 103% of the total principal when the collateral type is GNMA's and 104% of the total principal when the collateral type is FNMA and FHLMC ("Eligible Collateral"), (B) the trustee or a third party acting solely as agent therefor or for the issuer (the "Custodian") has possession of the collateral or the collateral has been transferred to the Custodian in accordance with applicable state and federal laws (other than by means of entries on the transferor's books) and such collateral shall be marked to market, (C) the collateral shall be marked to market on a daily basis and the provider or Custodian shall send monthly reports to the Trustee, and the Authority setting forth the type of collateral, the collateral percentage required for that collateral type, the market value of the collateral on the valuation date and the name of the Custodian holding the collateral, (D) the repurchase agreement shall state and an opinion of counsel shall be rendered at the time such collateral is delivered that the Custodian has a perfected first priority security interest in the collateral, any substituted collateral and all proceeds thereof, (E) the repurchase agreement shall provide that if during its term the provider's rating by either Moody's or S&P is withdrawn or suspended or falls below "A-" by S&P or "A3" by Moody's, as appropriate, the provider must, notify the Authority, and the Trustee within five (5) days of receipt of such notice. Within ten (10) days of receipt of such notice, the provider shall either: (1) provide a written guarantee, (2) post Eligible Collateral, or (3) assign the agreement to an Eligible Provider. If the provider does not perform a remedy within ten (10) business days, the provider shall, at the direction of the trustee repurchase all collateral and terminate the repurchase agreement, with no penalty or premium to the issuer or the Trustee. (k) Investment agreements: with a domestic or foreign bank or corporation the long- term debt of which, or, in the case of a guaranteed corporation the long-term debt, or, in the case -13- of a monoline financial guaranty insurance company, claims paying ability, or the guarantor is rated at least "AA-" by S&P and "Aa3" by Moody's (each an "Eligible Provider"); provided that: (i) interest payments are to be made to the Trustee at times and in amounts as necessary to pay debt service (or, if the investment agreement is for the construction fund, construction draws) on the Bonds, (ii) the invested funds are available for withdrawal without penalty or premium, at any time upon not more than seven (7) days' prior notice; the Authority and the Trustee agree to give or cause to be given notice in accordance with the terms of the investment agreement so as to receive funds thereunder with no penalty or premium paid, (iii) the provider shall send monthly reports to the Trustee, and the Authority setting forth the balance the Authority or Trustee has invested with the provider and the amounts and dates of interest accrued and paid by the provider, (iv) the investment agreement shall state that is an unconditional and general obligation of the provider, and is not subordinated to any other obligation of, the provider thereof or, if the provider is a bank, the agreement or the opinion of counsel shall state that the obligation of the provider to make payments thereunder ranks pari passu with the obligations of the provider to its other depositors and its other unsecured and unsubordinated creditors, (v) the Authority and the Trustee shall receive an opinion of domestic counsel to the provider that such investment agreement is legal, valid, binding and enforceable against the provider in accordance with its terms, (vi) the Authority and the Trustee shall receive an opinion of foreign counsel to the provider (if applicable) that (A) the investment agreement has been duly authorized, executed and delivered by the provider and constitutes the legal, valid and binding obligation of the provider, enforceable against the provider in accordance with its terms, (B) the choice of law of the sate set forth in the investment agreement is valid under that country's laws and a court in such country would uphold such choice of law, and (C) any judgment rendered by a court in the United States would be recognized and enforceable in such country; (vii) the investment agreement shall provide that if during its term: (A) the provider's rating by either S&P or Moody's falls below "AA-" or "Aa3", the provider shall, at its option, within ten (10) days of receipt of publication of such downgrade, either (1) provide a written guarantee, (2) post Eligible Collateral with the Issuer, the Trustee or a third party acting solely as agent therefor (the "Custodian") free and clear of any third party liens or claims, (3) assign the agreement to an Eligible Provider, or (4) repay the principal of and accrued but unpaid interest on the investment, and (B) the provider's rating by either S&P or Moody's is withdrawn or suspended or falls below "A-" or "A3", the provide must, at the direction of the Authority or the Trustee, within ten (10) days of receipt of such direction, repay the principal of and accrued but unpaid interest on the investment, in either case with no penalty or premium to the Authority or Trustee, -14- (viii) in the event the provider is required to collateralize, permitted collateral shall include U.S. Treasury Obligations, or senior debt obligations of GNMA, FNMA or FHLMC (no collateralized mortgage obligations shall be permitted for these providers) and collateral levels must be 102% of the total principal when the collateral type is U.S. Treasury Obligations, 103% of the total principal when the collateral type is GNMA's and 104% of the total principal when the collateral type is FNMA and FHLMC ("Eligible Collateral"). In addition, the collateral shall be marked to market on a daily basis and the provider or Custodian shall send monthly reports to the Trustee and the Authority setting forth the type of collateral, the collateral percentage required for that collateral type, the market value of the collateral on the valuation date and the name of the Custodian holding the collateral; (ix) the investment agreement shall state and an opinion of counsel shall be rendered, in the event collateral is required to be pledged by the provider under the terms of the investment agreement, at the time such collateral is delivered, that the Custodian has a perfected first priority security interest in the collateral, any substituted collateral and all proceeds thereof, and (x) the investment agreement must provide that if during its term: (A) the provider shall default in its payment obligations, the provider's obligations under the investment agreement shall, at the direction of the Authority or the Trustee, be accelerated and amounts invested and accrued but unpaid interest thereon shall be repaid to the Authority or Trustee, as appropriate, and (B) the provider shall become insolvent, not pay its debts as they become due, be declared or petition to be declared bankrupt, etc. ("event of insolvency"), the provider's obligations shall automatically be accelerated and amounts invested and accrued but unpaid interest thereon shall be repaid to the Authority or Trustee, as appropriate. (1) the Local Agency Investment Fund of the State, created pursuant to section 16429.1 of the California Government Code, to the extent the Trustee is authorized to register such investment in its name. "Principal Account" means the account by that name in the Bond Fund established pursuant to Section 5.02. "Principal Payment Date" means June 1 in each year, beginning June 1, 2018, and continuing so long as any Bonds remain Outstanding. "Qualified Reserve Account Credit Instrument" means an irrevocable standby or direct - pay letter of credit or surety bond issued by a commercial bank or insurance company and deposited with the Trustee pursuant to Section 5.05, provided that all of the following requirements are met as of the time of delivery thereof to the Trustee: (a) the long-term credit rating of such bank or insurance company shall be not less than the initial rating category of S&P on the Bonds; (b) such letter of credit or surety bond has a term of at least twelve (12) months; (c) such letter of credit or surety bond has a stated amount at least equal to the portion of the Reserve Account Requirement with respect to which funds are proposed to be released pursuant to Section 5.05; and (d) the Trustee is authorized pursuant to the terms of such letter of credit or surety bond to draw thereunder an amount equal to any deficiencies which may exist from time to time in the Interest Account or the Principal Account for the purpose of making payments required pursuant to Sections 5.03 and 5.04. -15- "Rate Stabilization Fund" means the fund of that name established by the Authority pursuant to Section 3.06 hereof. "Rating Category" means, with respect to any Permitted Investment, one or more of the generic categories of rating by Moody's and/or S&P applicable to such Investment Security, without regard to any refinement or gradation of such rating category by a plus or minus sign. "Record Date" means the fifteenth (15th) calendar day of the month immediately preceding an Interest Payment Date. "Redemption Fund" means the fund by that name established pursuant to Section 5.06. "Redemption Price" means, with respect to any Bond (or portion thereof) the principal amount of such Bond (or portion) plus the applicable premium, if any, payable upon redemption thereof pursuant to the provisions of such Bond and this Indenture. "Reserve Account" means the account by that name in the Bond Fund so designated and established pursuant to Section 5.02. "Reserve Account Requirement" means, as of any date of calculation, to be equal to the least of (a) Maximum Aggregate Annual Debt Service on the Bonds for the then current or every subsequent Bond Year, (b) 125% of average Annual Debt Service on the Bonds for the then current or every subsequent Bond Year, and (c) 10% of the original principal amount of the Bonds. "Revenue Fund" means the Revenue Fund held by the Authority into which all Revenues, as received, are deposited. "Revenues" means all revenues, income, rents, fees, charges, rates and other moneys and receipts derived or to be derived by the Authority from or attributable to the lease and operation of the Enterprise including, without limiting the generality of the foregoing, (i) all revenues attributable to the Enterprise or to the payment of the costs thereof received or to be received by the Authority under any contract for service from the Enterprise or any part thereof or any contractual arrangement, with respect to the use of the Enterprise or any portion thereof or the services or capacity thereof, (ii) the proceeds of any standby water availability charges or connection fees collected by the Authority or the City, (iii) the proceeds of any insurance covering business interruption loss relating to the Enterprise, and (iv) investment income earned on any moneys or securities deposited in any accounts to secure or provide for the payment of debt service on obligations issued or incurred by the Authority and secured by Net Revenues, and interest received on any invested moneys of the Enterprise, but excluding any proceeds of taxes restricted by law to be used by the Authority to pay bonds hereafter issued and any state and federal grants received by the Authority. Revenues shall also be increased by the amounts, if any, transferred during such Fiscal Year or other period from the Rate Stabilization Fund to the Revenue Fund and shall be decreased by the amounts, if any, transferred during such Fiscal Year or other period from the Revenue Fund to the Rate Stabilization Fund, pursuant to Section 3.06 hereof. -16- "S&P" means S&P Global Ratings, a business unit of Standard & Poor's Financial Services LLC, or any successor thereto. "Special Record Date" means the date established by the Trustee pursuant to Section 2.02 as a record date for the payment of defaulted interest on Bonds. "Special Redemption Account" means the account by that name in the Redemption .Fund established pursuant to Section 5.06. "State" means the State of California. "Supplemental Indenture" means any indenture hereafter duly authorized and entered into between the Authority and the Trustee, amendatory of or supplemental to this Indenture, but only if and to the extent that such Supplemental Indenture is specifically authorized hereunder. "Term Bonds" means the Bonds maturing on June 1, 2029. "Trust Office" means the principal corporate trust office of the Trustee in Los Angeles, California; provided, however, that the Trustee may from time to time designate other offices for purposes of payment, transfer, exchange or registration of Bonds. "Trustee" means The Bank of New York Mellon Trust Company, N.A., appointed by the Authority to act as trustee hereunder pursuant to Section 9.01, and its assigns or any other corporation or association which may at any time be substituted in its place, as provided in Section 10.01. "2008 Bonds" means the Authority's $9,755,000 Lynwood Utility Authority Enterprise Revenue Bonds, 2008 Series A. "2009 Bonds" means the Authority's $5,735,000 Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2009 Series A, issued pursuant to the 2009 Indenture. "2009 Indenture" means the Indenture of Trust, dated as of May 1, 2009, by and between the Authority and The Bank of New York Mellon Trust Company, N.A., providing for the issuance of the 2009 Bonds. "2014 Bonds" means the Authority's $5,660,000 Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2014 Series A. Section 1.02. Rules of Construction. All references in this Indenture to "Articles," "Sections," and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Indenture; and the words "herein," "hereof," "hereunder," and other words of similar import refer to this Indenture as a whole and not to any particular Article, Section or subdivision hereof. Section 1.03. Equal Security. In consideration of the acceptance of the Bonds by the Owners thereof, this Indenture shall be deemed to be and shall constitute a contract between the Authority and the Owners from time to time of the Bonds; and the covenants and agreements herein set forth to be performed on behalf of the Authority shall be for the equal and -17- proportionate benefit, security and protection of all Owners of the Bonds without preference, priority or distinction as to security or otherwise of any of the Bonds over any of the others by reason of the number or date thereof or the time of sale, execution or delivery thereof, or otherwise for any cause whatsoever, except as expressly provided therein or herein. -18- ARTICLE II Section 2.01. Authorization of the Bonds. At any time after the adoption, execution and delivery of this Indenture, the Authority may execute and the Trustee, upon Request of the Authority,. shall authenticate and deliver Bonds in the aggregate principal amount of million thousand dollars ($ ). Section 2.02. Terms of the Bonds. The Bonds shall be issued in fully registered form without coupons in denominations of $5,000 or any integral multiple thereof, so long as no Bond shall have more than one maturity date. The Bonds shall be dated as of their date of delivery, shall mature on June 1 in each of the years and in the amounts, and shall bear interest at the rates, as follows: Maturity Date Principal Interest Maturity Date Principal Interest (June 1) Amount Rate (June 1) Amount Rate Interest on the Bonds shall be payable on each Interest Payment Date to the person whose name appears on the Bond Registration Books as the Owner thereof as of the Record Date immediately preceding each such Interest Payment Date, such interest to be paid on such Interest Payment Date by check or, at the option of any Owner of at least $1,000,000 aggregate principal amount of Bonds and upon written notice received by the Trustee prior to the Record Date, by wire transfer, at the Owner's address as it appears on the Bond Registration Books or to such account as shall have been identified by the Owner in the notice requesting payment by wire transfer. Interest on the Bonds shall be computed on the basis of a year consisting of 360 days and twelve 30 -day months. Principal of and premium (if any) on any Bond shall be paid upon presentation and surrender thereof at the Trust Office of the Trustee. Both the principal of and interest and premium (if any) on the Bonds shall be payable in lawful money of the United States of America. Each Bond shall bear interest from the Interest Payment Date next preceding the authentication thereof, unless (a) it is authenticated after a Record Date and on or before the following Interest Payment Date, in which event it shall bear interest from such Interest Payment Date; or (b) it is authenticated on or before November 15, 2017, in which event it shall bear interest from its date of delivery; provided, however, that if, as of the date of authentication of any Bond, interest thereon is in default, such Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment thereon. -19- Any such interest not so punctually paid or duly provided for shall forthwith cease to be payable to the Owner on such Record Date and shall be paid to the person in whose name the Bond is registered at the close of business on a Special Record Date for the payment of such defaulted interest to be fixed by the Trustee, notice whereof being given to the Owners not less than ten (1 0)'1 prior to such Special Record Date. The Bonds shall be subject to redemption as provided in Article IV. Section 2.03. Form of Bonds. The Bonds, the form of Trustee's certificate of authentication, and the form of assignment to appear thereon, shall be substantially in the respective forms set forth in Exhibit A attached hereto and by this reference incorporated herein, with necessary or appropriate variations, omissions and insertions, as permitted or required by this Indenture. Section 2.04. Execution of Bonds. The Bonds shall be signed in the name and on behalf of the Authority with the manual or facsimile signature of its Chair and attested by the manual or facsimile signature of its Secretary. The Bonds shall then be delivered to the Trustee for authentication by it. In case any officer who shall have signed any of the Bonds shall cease to be such officer before the Bonds so signed shall have been authenticated or delivered by the Trustee or issued by:the Authority, such Bonds may nevertheless be authenticated, delivered and issued and, upon such authentication, delivery and issue, shall be as binding upon the Authority as though the individual who signed the same had continued to be such officer of the Authority. Also, any Bond may be signed on behalf of the Authority by any individual who on the actual date of the execution of such Bond shall be the proper officer although on the nominal date of such Bond such individual shall not have been such officer of the Authority. Only such of the Bonds as shall bear thereon a certificate of authentication in substantially the form set forth in Exhibit A, manually executed by the Trustee, shall be valid or obligatory for any purpose or entitled to the benefits of this Indenture, and such certificate of the Trustee shall be conclusive evidence that the Bonds so authenticated have been duly authenticated and delivered hereunder and are entitled to the benefits of this Indenture. Section 2.05. Transfer of Bonds. Any Bond may, in accordance with its terms, be transferred, upon the books required to be kept pursuant to the provisions of Section 2.08 hereof, by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bond for cancellation at the Principal Office at the Trustee, and by delivery by the transferee of the purchaser certifications substantially in the form attached as Exhibit B. Whenever any Bond or Bonds shall be surrendered for transfer, the City shall execute and the Trustee 'shall authenticate and deliver a new Bond or Bonds, for like aggregate principal amount. No transfer of Bonds shall be required to be made (a) fifteen (15) days prior to the date established by the Trustee for selection of Bonds for redemption or (b) with respect to a Bond after such Bond has been selected for redemption. Notwithstanding any other provision hereof, Bonds may not be registered in the name of, or transferred to, any person except an Approved Institutional Buyer. -20- Section 2.06. Exchange of Bonds. Bonds may be exchanged at the Trust Office of the Trustee, for a like aggregate principal amount of Bonds of other authorized denominations of the same maturity. The Trustee shall require the Owner requesting such exchange to pay any tax or other charge required to be paid with respect to such exchange. No Bond, the notice of redemption of which has been mailed pursuant to Section 4.03, shall be subject to exchange pursuant to. this Section 2.06. No exchange of Bonds shall be required during the period established by the Trustee for the selection of Bonds for redemption. Section 2.07. Temporary Bonds. The Bonds may be issued initially in temporary form exchangeable for definitive Bonds when ready for delivery. Any temporary Bond may be printed, lithographed or typewritten, shall be of such denomination as may be determined by the Authority and may contain such reference to any of the provisions of this Indenture as may be appropriate.' A temporary Bond may be in the form of a single registered bond payable in installments, each on the date, in the amount and at the rate of interest established for the Bonds maturing on such date. Every temporary Bond shall be executed by the Authority and authenticated by the Trustee upon the same conditions and in the same manner as the definitive Bonds. If the Authority issues temporary Bonds, it will execute and deliver definitive Bonds as promptly thereafter as practicable, and thereupon the temporary Bonds may be surrendered, for cancellation, in exchange therefor at the Trust Office of the Trustee, and the Trustee shall authenticate; and deliver in exchange for such temporary Bonds an equal aggregate principal amount of definitive Bonds of authorized denominations of the same maturity or maturities. Until so exchanged, the temporary Bonds shall be entitled to the same benefits under this Indenture as definitive Bonds authenticated and delivered hereunder. Section 2.08. Bond Registration Books. The Trustee will keep or cause to be kept at its Trust Office sufficient books for the registration and transfer of the Bonds, which shall at all times during regular business hours be open to inspection by the Authority; and, upon presentation for such purpose, the Trustee shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on said books, Bonds as hereinbefore provided. Section 2.09. Bonds Mutilated, Lost, Destroyed or Stolen. If any Bond shall become mutilated, the Authority shall execute, and the Trustee shall thereupon authenticate and deliver, a new Bond of like tenor and authorized denomination in exchange and substitution for the Bond so mutilated, but only upon surrender to the Trustee of the Bond so mutilated. Every mutilated Bond so surrendered to the Trustee shall be canceled by it and destroyed and the Trustee shall provide evidence of such destruction to the Authority. If any Bond issued hereunder shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Authority and the Trustee and, if such evidence be satisfactory to the Trustee and indemnity for the Authority and the Trustee satisfactory to the Trustee shall be given, the Authority, at the expense of the Bond Owner, shall execute, and the Trustee shall thereupon authenticate and deliver, a new Bond of like tenor in lieu of and in substitution for the Bond so lost, destroyed or stolen (or if any such Bond shall have matured or shall have been called for redemption, instead of issuing a substitute Bond, the Trustee may pay the same without surrender thereof upon receipt of the aforementioned indemnity). The Authority may require payment of a reasonable fee for each new Bond issued under this Section 2.09 and of the expenses which may be incurred by the Authority arid the Trustee in connection therewith. Any Bond issued under the provisions of this -21- Section 2.09 in lieu of any Bond alleged to be lost, destroyed or stolen shall constitute an original contractual obligation on the part of the Authority whether or not the Bond alleged to be lost, destroyed o'r stolen be at any time enforceable by anyone, and shall be equally and proportionately entitled to the benefits of this Indenture with all other Bonds secured by this Indenture. -22- ARTICLE III ISSUE OF BONDS; APPLICATION OF PROCEEDS; COSTS OF ISSUANCE FUND . Section 3.01. Issuance of Bonds. At any time after the adoption, execution and delivery of this Indenture, the Authority may execute and the Trustee, upon Request of the Authority, shall authenticate and deliver Bonds in the aggregate principal amount of million thousand dollars ($�. Section 3.02. Application of Proceeds of Bonds and Other Moneys. (a) The Trustee shall apply the proceeds derived from the sale of the Bonds ($�, being the principal amount of the Bonds, as follows: (i) The Trustee shall deposit to the Costs of Issuance Fund the sum of (ii) The Trustee shall deposit to the Reserve Account the sum of $ ; (iii) The Trustee shall transfer to the Escrow Bank, for deposit by the Escrow Bank in the Escrow Fund, the sum of $ (b) The Trustee may establish temporary funds or accounts on its records to facilitate such transfers. Section 3.03. Establishment and Application of Costs of Issuance Fund. (a) The Trustee shall establish, maintain and hold in trust a separate fund designated as the "Costs of Issuance Fund." The moneys in the Costs of Issuance Fund shall be used and withdrawn by the Trustee to pay Costs of Issuance upon receipt by the Trustee of a Requisition of the Authority stating the person to whom payment is to be made, the amount to be paid, the purpose for which the obligation was incurred and that such payment is a proper charge against said account. Each Requisition of the Authority shall be sufficient evidence to the Trustee of the facts stated therein and the Trustee shall have no duty to confirm the accuracy of such facts. (b) At the end of six months from the Closing Date, or upon earlier receipt of a Certificate of the Authority stating that amounts in the Costs of Issuance Fund are no longer required for the payment of Costs of Issuance, the Costs of Issuance Fund shall be closed and any amounts then remaining in said account shall be transferred to the Bond Fund. Section 3.04. [Reserved.] Section 3.05. Validity of Bonds. (a) The Authority has reviewed all proceedings heretofore taken relative to the authorization of the Bonds and has found, as a result of such review, and hereby finds and -23- determines that all acts, conditions and things required by law to exist, happen or be performed precedent to� and in the issuance of the Bonds do exist, have happened and have been performed in due time, form and manner as required by law, and the Authority is now authorized, pursuant to each and every requirement of the Bond Law to issue the Bonds in the form and manner provided in this Indenture and the Bonds shall be entitled to the benefit, protection and security of the provisions of this Indenture. (b) From and after the issuance of the Bonds, the findings and determinations of the Authority respecting the Bonds shall be conclusive evidence of the existence of the facts so found and determined in any action or proceeding in any court in which the validity of the Bonds is at issue, and no bona fide purchaser of any of the Bonds shall be required to see to the existence of any fact or to the performance of any condition or to the taking of any proceeding required prior to such issuance or to the application of the proceeds of sale of the Bonds. The recital contained in the Bonds that the same are issued pursuant to the Bond Law and this Indenture shall be conclusive evidence of their validity and of the regularity of their issuance and all Bonds shall be incontestable from and after their issuance. The Bonds shall be deemed to be issued, within the meaning of this Indenture, whenever the definitive Bonds (or any temporary Bonds exchangeable therefor) have been delivered to the purchaser thereof and the proceeds of sale thereof received. Section 3.06. Rate Stabilization Fund. There is hereby established a special fund designated as the "Rate Stabilization Fund" to be held by the Authority in trust for the benefit of the Owners of the Bonds, which fund the Authority agrees and covenants to maintain and to hold separate and apart from other funds so long as any Bonds remain unpaid. Money transferred by Authority from the Revenue Fund to the Rate Stabilization Fund in accordance with Section 5.02 shall be held in the Rate Stabilization Fund and applied in accordance with the Indenture. The Authority may withdraw all or any portion of the amounts on deposit in the Rate Stabilization Fund and transfer such amounts to the Revenue Fund for application in accordance with Section 5.02 hereof or, in the event that all or a portion of the Bonds are discharged in accordance with Article XI hereof, transfer all or any portion of such amounts for application in accordance with said Article XI. Amounts transferred from the Rate Stabilization Fund to the Revenue Fund pursuant to this Section 3.06 during or within 270 days after a Fiscal Year, may be taken into account as Revenues for purposes of the calculations in Section 6.07 in such Fiscal Year. -24- ARTICLE IV REDEMPTION OF BONDS Section 4.01. Terms of Redemption. (a) The Bonds are subject to redemption as a whole or in part, on any date, by such maturities as are selected by the Authority (or, if the Authority fails to designate such maturities, in inverse order of maturity) and by lot within a maturity from and to the extent insurance proceeds received with respect to the Enterprise are not used to repair, rebuild or replace the Enterprise, deposited in the Special Redemption Account pursuant to Section 7.04, or from and to the extent of eminent domain proceeds received with respect to the Enterprise are elected for such use by the Authority, deposited in the Special Redemption Account pursuant to Section 7.06, at a redemption price equal to the principal amount thereof plus accrued interest thereon to the date fixed for redemption, without premium. (b) The Bonds maturing on June 1, 2029, are also subject to redemption prior to their stated maturity, in part, by lot, from Mandatory Sinking Account Payments deposited in the Term Bonds Sinking Account pursuant to Section 5.04(c), on each June 1 on or after June 1, 2018, at the principal amount thereof and interest accrued thereon to the date fixed for redemption, without premium. (c) The Bonds maturing on or after June 1, 2018, are also subject to redemption prior to their respective stated maturities, from moneys deposited in the Optional Redemption Account or from any other source of available funds, at the option of the Authority, in whole on any date, or in part by such maturities as are selected by the Authority (or, if the Authority fails to designate such maturities, then in inverse order of maturity) and by lot within a maturity on any date, at a redemption price equal to the principal amount of Bonds called for redemption, without premium, together with accrued interest to the date fixed for redemption. When Bonds are to be redeemed at the option of the Authority as set forth in this Section 4.01, the Authority shall give written notice to the Trustee of the exercise of such option at least forty-five (45) days prior to the proposed redemption date (unless a shorter time shall be acceptable to the Trustee). Such notice shall state the proposed redemption date, the principal amount of Bonds to be redeemed and the maturity or maturities from which such redemption shall be made. Section 4.02. Selection of Bonds for Redemption. Whenever provision is made in this Indenture for the redemption of less than all of the Bonds or any given portion thereof, and unless otherwise specified in Section 4.01, the Trustee shall select the Bonds to be redeemed, from all Bonds of or such given portion thereof not previously called for redemption, in inverse order of maturity or, at the election of the Authority evidenced by a Certificate of the Authority filed with the Trustee, on a pro rata basis among maturities, and by lot in any manner which the Trustee in its sole discretion shall deem appropriate and fair. The Trustee shall promptly notify the Authority in writing of the Bonds or portions thereof so selected for redemption. -25- Section 4.03. Notice of Redemption. (a) Unless waived by any Owner of Bonds to be redeemed, notice of any such redemption shall be given by the Trustee on behalf of the Authority by mailing a copy of a redemption notice by first class mail, postage prepaid, at least 30 days and not more than 60 days prior to the date fixed for redemption to the Owner of the Bond or Bonds to be redeemed at the address shown on the Bond Registration Books, to the Securities Depositories and the Information Services. All notices of redemption shall be dated and shall state: (i) the redemption date, (ii) the redemption price, (iii) if less than all Outstanding Bonds are to be redeemed, the identification (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed, (iv) that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date, and (v) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the Trust Office of the Trustee. Notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the Authority shall default in the payment of the redemption price) interest with respect to such Bonds or portions of Bonds shall cease to accrue and be payable. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Trustee at the redemption price. Installments of interest due on or prior to the redemption date shall be payable as herein provided for payment of interest. Upon surrender for any partial redemption of any Bond, there shall be prepared for the Owner a new Bond or Bonds of the same maturity in the amount of the unredeemed principal. All Bonds which have been redeemed shall be canceled and destroyed by the Trustee and shall not be reissued. (b) Notice of redemption of Bonds shall be given by the Trustee, at the expense of the Authority, for and on behalf of the Authority. (c) Notwithstanding the foregoing, in the case of any optional redemption of the Bonds under Section 4.01(c), such notice shall state that such redemption shall be conditional upon the receipt by the Trustee on or prior to the date fixed for such redemption of moneys sufficient to pay the principal of, premium, if any, and interest on such Bonds to be redeemed and that, if such moneys shall not have been so received, said notice shall be of no force and effect and the Trustee shall not be required to redeem such Bonds. In the event that such notice of optional redemption contains such a condition and such moneys are not so received, the redemption shall not be made, and the Trustee shall within a reasonable time thereafter give notice, in the manner in which the notice of redemption was given, that such moneys were not so received. Section 4.04. Partial Redemption of Bonds. Upon surrender of any Bond redeemed in part only, the Authority shall execute and the Trustee shall authenticate and deliver to the Owner thereof, at the expense of the Authority, a new Bond or Bonds of authorized denominations, and -26- of the same maturity, equal in aggregate principal amount to the unredeemed portion of the Bond surrendered. Section 4.05. Effect of Redemption. Notice of redemption having been duly given as aforesaid, and moneys for payment of the Redemption Price of, together with interest accrued to the redemption date on, the Bonds (or portions thereof) so called for redemption being held by the Trustee, on the redemption date designated in such notice, the Bonds (or portions thereof) so called for redemption shall become due and payable at the Redemption Price specified in such notice plus interest accrued thereon to the redemption date, interest on the Bonds so called for redemption shall cease to accrue, said Bonds (or portions thereof) shall cease to be entitled to any benefit or security under this Indenture, and the Owners of said Bonds shall have no rights in respect thereof except to receive payment of said Redemption Price and accrued interest. All Bonds redeemed pursuant to the provisions of this Article IV shall be canceled upon surrender thereof and destroyed with a certificate of destruction delivered to or upon the Order of the Authority. -27- ARTICLE V GROSS REVENUES; NET REVENUES Section 5.01. Pledge of Net Revenues. Subject to the provisions of Section 9.06, the Bonds and any Parity Obligations shall be secured by a first pledge of all of the Net Revenues. In addition, the Bonds shall be secured by a pledge of all of the moneys in all funds and accounts held by the Trustee hereunder, including all amounts derived from the investment of such moneys. Such pledge shall constitute a lien on the Net Revenues and such other moneys for the payment of the principal of and interest and premium (if any) on the Bonds in accordance with the terms hereof. The Bonds and any Parity Obligations shall be equally secured by a pledge, charge and lien upon the Net Revenues, without priority for number or date. So long as any of the Bonds are Outstanding, the Net Revenues and such moneys shall not be used for any other purpose, except as set forth in this Section 5.01 except, that out of the Net Revenues, there may be apportioned such sums, for such purposes, as are expressly permitted by Section 5.02. In consideration of the acceptance of the Bonds by those who shall hold the same from time to time, this Indenture shall be deemed to be and shall constitute a contract between the Authority and the Owners from time to time of the Bonds and the covenants and agreements herein set forth to be performed by or on behalf of the Authority shall be for the equal and proportionate benefit, security and protection of all Owners of the Bonds without preference, priority or distinction as to security or otherwise of any of the Bonds over any of the others by reason of the number or date thereof or the time of sale, execution and delivery thereof, or otherwise for any cause whatsoever, except as expressly provided therein or herein. The Authority hereby represents and warrants that it has not heretofore made a pledge of, granted a lien on or security interest in, or made an assignment or sale of the Net Revenues that ranks on a parity with or prior to the pledge granted hereunder, except to secure the obligations disclosed herein that will be outstanding upon issuance of the Bonds. The Authority also hereby represents and warrants that it has not described the Net Revenues in a Uniform Commercial Code financing statement that will remain effective when the Bonds are issued, except in connection with the foregoing pledges, assignments, liens, and security interests. The Authority shall not hereafter make or suffer to exist any pledge or assignment of, lien on, or security interest in the Net Revenues that ranks prior to or on a parity with the pledge granted hereunder, or file any financing statement describing any such pledge, assignment, lien, or security interest, except as expressly permitted under this Indenture. The Authority will, to the extent required by law, cause all UCC financing statements or other instruments, to be kept, recorded and filed in such manner and in such places as may be required by law in order to create, perfect, preserve and protect fully the security of the Owners in the Net Revenues and any other collateral and the rights of the Trustee. The Authority covenants that it will do, execute, acknowledge and deliver or cause to be done, executed, acknowledged and delivered such further acts, instruments and transfers as may be required for the better securing, assuring, continuing, transferring, conveying, pledging, assigning and confirming unto the Owners or the Trustee, the Net Revenues and any other collateral pledged to the payment of the principal of, premium, if any, and interest on the Bonds. Except to the extent -28- it is exempt therefrom, the Authority will pay or cause to be paid all filing fees incident to such filing and all expenses incident to the preparation, execution and acknowledgment of such instruments of further assurance, and all federal or State fees and other similar fees, duties, imposts, assessments and charges arising out of or in connection with the execution and delivery of such instruments of further assurance. Section 5.02. Receipt, Deposit and Application of Revenues and Net Revenues; Rate Stabilization Fund. (a) Application of Revenues. All of the Revenues shall be deposited by the Authority, immediately upon receipt in the Revenue Fund. All Revenues shall be held in trust by the Authority in the Revenue Fund and shall be applied, transferred, used and withdrawn only for the following purposes. Additionally, amounts may, from time to time as the Authority deems necessary or appropriate, be transferred from the Rate Stabilization Fund and deposited in the Revenue Fund, as provided in Section 3.06 hereof. (i) Operation and Maintenance Costs. The Authority shall first pay from the moneys in the Revenue Fund the budgeted Operation and Maintenance Costs as such Operation and Maintenance Costs become due and payable. (ii) Payment of Debt Service. On or before the 15th day of each May and November, the City, on behalf of the Authority, shall withdraw from the Revenue Fund and (A) transfer to the Trustee, for deposit in a special fund designated as the "Bond Fund" which is hereby established and which shall be held in trust, an amount which, together with the balance then on deposit in the Bond Fund, the Interest Account and the Principal Account (other than amounts required for payment of principal of or interest on any Bonds which have matured or been called for redemption but which have not been presented for payment), that is equal to the aggregate amount of principal of and interest coming due and payable on the Bonds on the next succeeding Interest Payment Date and (B) transfer to the trustee for the Parity Obligations an amount equal to the aggregate amount of principal of and interest coming due and payable on any Parity Obligations on the next succeeding Interest Payment Date. (iii) Reserve Account. After making the payments, allocations and transfers provided for in subparagraphs (i) and (ii) above, (A) if the balance in the Reserve Account is less than the Reserve Account Requirement, the notice of which deficiency shall have been given by the Trustee to the Authority, or (B) if the balance in a bond reserve account established for any Parity Obligations is less than the bond reserve requirement established for such Parity Obligations, the notice of which deficiency shall have been given to the Authority, or (C) if any reserve surety bond for the Bonds or for any Parity Obligations has been drawn upon to make delinquent payments, the notice of which deficiency shall have been given to the Authority, the deficiency shall be restored by transfers from the first moneys which become available in the Revenue Fund to the Trustee for deposit in the Reserve Account and for deposit in the bond reserve account established for such Parity Obligations, such transfers to be made no less than semiannually. -29- (iv) Surplus/Rate Stabilization Fund. As long as all of the � foregoing payments, allocations and transfers are made at the times and in the manner set forth above in subsections (ii) and (iii), inclusive, any moneys remaining in the Revenue Fund may at any time be treated as surplus and applied for any lawful purpose. The Authority may maintain and hold a separate fund to be known as the "Rate Stabilization Fund." From time to time the Authority may deposit in the Rate Stabilization Fund, from remaining Net Revenues described in this subsection (iii) or other available funds of the Authority, such amounts as the Authority shall determine. The Authority may withdraw amounts from the Rate Stabilization Fund (i) for transfer to the Revenue Fund for inclusion in Revenues for any Fiscal Year, or (ii) for any other lawful use of the Authority. All interest or other earnings upon deposits in the Rate Stabilization Fund shall be withdrawn therefrom and accounted for as Revenues. (b) Application of Net Revenues. On or before the Business Day preceding each Interest Payment Date, the Trustee shall transfer from the Bond Fund and deposit into the following respective accounts (each of which the Trustee shall establish and maintain within the Bond Fund), the following amounts, in the following order of priority, the requirements of each such account (including the making up of any deficiencies in any such account resulting from lack of Net Revenues sufficient to make any earlier required deposit) at the time of deposit to be satisfied before any transfer is made to any account subsequent in priority: First: to the Interest Account, the aggregate amount of interest becoming due and payable on the next succeeding Interest Payment Date on all Bonds then Outstanding; Second. to the Principal Account, the aggregate amount of principal becoming due and payable on the Outstanding Bonds on the next succeeding Interest Payment Date, if any; and Third. to the Reserve Account, the aggregate amount of each prior withdrawal from the Reserve Account for the purpose of making up a deficiency in the Interest Account or Principal Account; provided that no deposit need be made into the Reserve Account so long as the balance in said account shall be at least equal to the Reserve Account Requirement. Section 5.03. Application of Interest Account. All amounts in the Interest Account shall be used and withdrawn by the Trustee solely for the purpose of paying interest on the Bonds as it shall become due and payable (including accrued interest on any Bonds purchased or redeemed prior to maturity pursuant to this Indenture). Section 5.04. Application of Principal Account. (a) All amounts in the Principal Account shall be used and withdrawn by the Trustee solely for the purposes of paying the principal of the Bonds when due and payable, except that all amounts in the Sinking Accounts shall be used and withdrawn by the Trustee solely to purchase or redeem or pay at maturity Term Bonds, as provided herein. (b) (b) The Trustee hereby establishes and maintains within the Principal Account a subaccount for the Term Bonds. On or before the second Business Day preceding each -30- Mandatory Sinking Account Payment date, the Trustee shall transfer the amount deposited in the Principal Account pursuant to Section 5.02 for the purpose of making a Mandatory Sinking Account Payment from the Principal Account to the Sinking Account. With respect to the Sinking Account, on each Mandatory Sinking Account Payment date established for the Sinking Account, the Trustee shall apply the Mandatory Sinking Account Payment required on that date to the redemption (or payment at maturity, as the case may be) of Term Bonds, upon the notice and in the manner provided in Article IV; provided that, at any time prior to giving such notice of such redemption, the Trustee upon the Order of the Authority shall apply moneys in the Revenue Fund to the purchase of Term Bonds made by the Authority at public or private sale, as and when and at such prices (including brokerage and other charges, but excluding accrued interest, which is payable from the Interest Account) as shall be directed by the Authority, except that the purchase price (excluding accrued interest) shall not exceed the Redemption Price that would be payable for such Bonds upon redemption by application of such Mandatory Sinking Account Payment. If, during the twelve-month period immediately preceding said Mandatory Sinking Account Payment date, the Authority has purchased Term Bonds with moneys in the Sinking Account, or, during said period and prior to giving said notice of redemption, the Authority has deposited Term Bonds with the Trustee, or Term Bonds were at any time purchased by the Authority or redeemed by the Trustee from the Redemption Fund and allocable to said Mandatory Sinking Account Payment, such Bonds so purchased or deposited or redeemed shall be applied, to the extent of the full principal amount thereof, to reduce said Mandatory Sinking Account Payment. All Bonds purchased or deposited pursuant to this subsection shall be canceled and destroyed by the Trustee and the Trustee shall provide evidence of such destruction to the Authority. Any amounts remaining in the Sinking Account when all of the Term Bonds are no longer Outstanding shall be withdrawn by the Trustee and transferred to the Revenue Fund. All Term Bonds purchased from the Sinking Account or deposited by the Authority with the Trustee shall be allocated first to the next succeeding Mandatory Sinking Account Payment, then pro -rata to the remaining Mandatory Sinking Account Payments in proportion to the amount of such Mandatory Sinking Account Payments. All Bonds purchased or deposited pursuant to this subsection shall be canceled and destroyed by the Trustee and the Trustee shall provide evidence of such destruction to the Authority. Notwithstanding the foregoing, if some but not all of the Term Bonds have been theretofore redeemed pursuant to Sections 4.01(a) or (c), the total amount of all future Mandatory Sinking Account Payments set forth in Section 5.04(c) shall be reduced by the aggregate principal amount of Term Bonds so redeemed, allocated among such Mandatory Sinking Account Payments on a pro rata basis in integral multiples of $5,000 as determined by the Authority (notice of which determination which shall include a revised sinking fund schedule shall be given to the Trustee). Any amounts remaining in the Sinking Account when all of the Term Bonds are no longer Outstanding shall be withdrawn by the Trustee and transferred to the Revenue Fund. (c) Subject to the terms and conditions set forth in this Section 5.04 and in Section 4.01(b), the Term Bonds shall be redeemed (or paid at maturity, as the case may be) by application of Mandatory Sinking Account Payments in the amounts and upon the dates hereby established for the Sinking Account as follows: -31- Sinking Fund Account Redemption Date (June 1) Principal Amount tMaturity Section 5.05. Application of Reserve Account. All amounts in the Reserve Account shall be used and withdrawn by the Trustee solely for the purpose of (a) paying interest on or principal of the Bonds when due and payable to the extent that moneys deposited in the Interest Account or Principal Account, respectively, are not sufficient for such purpose, and (b) making the final payments of principal of and interest on the Bonds. On the date on which all Bonds shall be retired hereunder or provision made therefor pursuant to Article X, all moneys then on deposit in the Reserve Account shall be withdrawn by the Trustee and paid to the Authority. Amounts in the Reserve Account shall be valued by the Trustee not less often than semi- annually. If, on any date of computation, moneys and securities on deposit in the Reserve Account are less than the Reserve Account Requirement (unless such deficiency is a result of a transfer therefrom), the Authority covenants and agrees that it will, within twelve months thereof, increase the amount therein to the Reserve Account Requirement. If such deficiency is a result of a transfer therefrom, the Authority covenants and agrees that it will, within twenty-four months thereof, increase the amount therein to the Reserve Account Requirement. If, on any date of computation, moneys and securities on deposit in the Reserve Account are in excess of the Reserve Account Requirement, the Trustee shall withdraw such excess amount and transfer such amount to the Interest Account. The Authority shall have the right at any time to direct the Trustee to release funds from the Reserve Account, in whole or in part, by tendering to the Trustee: (1) a Qualified Reserve Account Credit Instrument, and (2) an opinion of Bond Counsel stating that such release will not, of itself, cause interest with respect to the Bonds to become includable in gross income for purposes of federal income taxation. Upon tender of such items to the Trustee, the Trustee shall transfer such funds from the Reserve Account to the Authority for deposit by the Authority in a segregated account maintained by the Authority and used exclusively for the acquisition, construction and installation of improvements to the Enterprise. Prior to the expiration of any Qualified Reserve Account Credit Instrument, the Authority shall be obligated either (a) to replace such Qualified Reserve Account Credit Instrument with a new Qualified Reserve Account Credit Instrument, or (b) to remit or cause to be remitted to the Trustee for deposit in the Reserve Account an amount of moneys equal to the Reserve Account Requirement, to be derived from Net Revenues; provided, however, that if the Authority shall fail to replace an expiring Qualified Reserve Account Credit Instrument or to deposit moneys equal to the Reserve Account Requirement, the Trustee shall draw on such Qualified Reserve Account Credit Instrument before such expiration and deposit the proceeds of such draw in the Reserve Account. -32- In the event that the Reserve Account Requirement shall at any time be maintained in the form of a combination of cash and a Qualified Reserve Account Credit Instrument, the Trustee shall apply the amount of such cash to make any payment required to be made from the Reserve Account before the Trustee shall draw any moneys under such Qualified Reserve Account Credit Instrument for such purpose. In the event that more than one Qualified Reserve Account Credit Instrument shall be maintained as all or a portion of the Reserve Account Requirement, and the Trustee is otherwise required hereunder to draw on such Qualified Reserve Account Credit Instruments, the Trustee shall draw pro rata on each such Qualified Reserve Account Credit Instrument. In the event that the Trustee shall at any time draw funds under a Qualified Reserve Account Credit Instrument to make any payment then required to be made from the Reserve Account, the Net Revenues thereafter received by the Trustee, to the extent remaining after making the other deposits (if any) then required to be made pursuant to this Section 5.05, shall be used to reinstate the Qualified Reserve Account Credit Instrument. Notwithstanding any other provision of this Indenture, the Authority need not replace any Qualified Reserve Account Credit Instrument or deposit cash in the Reserve Account in the event that the provider of the Qualified Reserve Account Credit Instrument is downgraded by S&P or Moody's or fails to honor a draw thereon; it being the intent of the Authority that if the Qualified Reserve Account Credit Instrument meets the requirement of this Indenture at the time it is delivered to the Trustee, it will remain a Qualified Reserve Account Credit Instrument for its stated term. Section 5.06. Application of Redemption Fund. The Trustee shall establish and maintain within the Redemption Fund (which the Trustee shall establish, maintain and hold in trust) a separate Optional Redemption Account and a separate Special Redemption Account. The Authority may at any time deposit moneys into the Optional Redemption Account for the purposes of redeeming Bonds in accordance with the terms of Section 4.01(c). The Authority may at any time deposit moneys into the Special Redemption Account for the purposes of redeeming Bonds in accordance with the terms of Sections 7.04 or Section 7.06. All amounts deposited in the Optional Redemption Account and in the Special Redemption Account shall be used and withdrawn by the Trustee solely for the purpose of redeeming Bonds, in the manner and upon the terms and conditions specified in Article IV, at the next succeeding date of redemption for which notice has been given and at the redemption prices then applicable to redemptions from the Optional Redemption Account and the Special Redemption Account, respectively; provided that, at any time prior to giving such notice of redemption, the Trustee upon Order of the Authority shall apply such amounts to the purchase of Bonds made by the Authority at public or private sale, as and when and at such prices (including brokerage and other charges, but excluding accrued interest, which is payable from the Interest Account) as shall be directed by the Authority, except that the purchase price (exclusive of accrued interest) may not exceed the par value of such Bonds. Section 5.07. Investment of Moneys in Funds and Accounts. All moneys in any of the funds and accounts established pursuant to this Indenture shall, upon Request of the Authority provided at least two Business Days prior to the date of investment, be invested by the Trustee, but solely in Permitted Investments. In the absence of such Request of the Authority, the Trustee shall invest available moneys in investments described in paragraph (h) of the definition of Permitted Investments. In the absence of any such directions from the Authority, the Trustee -33- shall hold such funds uninvested pending the receipt of written investment instructions. All Permitted Investments shall be acquired subject to the limitations as to maturities hereinafter set forth in this Section 5.07 and such additional limitations or requirements consistent with the foregoing as may be established by Request of the Authority. Moneys in the Reserve Account shall be invested in Permitted Investments maturing prior to the final maturity of the Bonds. Moneys in the remaining funds and accounts shall be invested in Permitted Investments maturing not later than the date on which it is estimated that such moneys will be required by the Trustee. All interest, profits and other income received from the investment of moneys in any other fund or account established pursuant to this Indenture shall be deposited when received in the Bond Fund. Notwithstanding anything to the contrary contained in this paragraph, an amount of interest received with respect to any Permitted Investment equal to the amount of accrued interest, if any, paid as part of the purchase price of such Permitted Investment shall be credited to the fund or account for the credit of which such Permitted Investment was acquired. The Trustee may commingle any of the funds or accounts established pursuant to this Indenture into a separate fund or funds for investment purposes only, provided that all funds or accounts held by the Trustee hereunder shall be accounted for separately as required by this Indenture. The Trustee may act . as principal or agent in the making or disposing of any investment. The Trustee may sell, or present for redemption, any Permitted Investments so purchased whenever it shall be necessary to provide moneys to meet any required payment, transfer, withdrawal or disbursement from the fund or account to which such Permitted Investment is credited, and, subject to the provisions of Section 9.03, the Trustee shall not be liable or responsible for any loss resulting from such investment. The Authority acknowledges that, to the extent regulations of the Comptroller of the Currency or other applicable regulatory entity grants the Authority the right to receive brokerage confirmations of security transactions as they occur, the Authority specifically waives receipt of such confirmations to the extent permitted by law. The Trustee will furnish the Authority periodic cash transaction statements which include detail for all investment transactions made by the Trustee hereunder. The Trustee may make any investments hereunder through its own bond or investment department or trust investment department, or those of its parent or any affiliate. The Trustee or any of its affiliates may act as sponsor, advisor or manager in connection with any investments made by the Trustee hereunder. -34- ARTICLE VI COVENANTS OF THE AUTHORITY; SPECIAL TAX COVENANTS Section 6.01. Punctual Payment. The Authority shall punctually pay or cause to be paid the principal or Redemption Price and interest to become due in respect of all the Bonds, in strict conformity with the terms of the Bonds and of this Indenture, according to the true intent and meaning thereof, but only out of Net Revenues and other assets pledged for such payment as provided in this Indenture. Section 6.02. Extension of Payment of Bonds. The Authority shall not directly or indirectly extend or assent to the extension of the maturity of any of the Bonds or the time of payment of any of the claims for interest by the purchase or funding of such Bonds or claims for interest or by any other arrangement and in case the maturity of any of the Bonds or the time of payment of any such claims for interest shall be extended, such Bonds or claims for interest shall not be entitled, in case of any default hereunder, to the benefits of this Indenture, except subject to the prior payment in full of the principal of all of the Bonds then Outstanding and of all claims for interest thereon which shall not have been so extended. Nothing in this Section 6.02 shall be deemed to limit the right of the Authority to issue Bonds for the purpose of refunding any Outstanding Bonds, and such issuance shall not be deemed to constitute an extension of maturity of Bonds. Section 6.03. Discharge of Claims. The Authority covenants that in order to fully preserve and protect the priority and security of the Bonds the Authority shall pay from the Net Revenues and discharge all lawful claims for labor, materials and supplies furnished for or in connection with the .Enterprise which, if unpaid, may become a lien or charge upon the Net Revenues prior or superior to the lien of the Bonds and impair the security of the Bonds. The Authority shall also pay from the Net Revenues all taxes and assessments or other governmental charges lawfully levied or assessed upon or in respect of the Enterprise or upon any part thereof or upon any of the Net Revenues therefrom. Section 6.04. Operation of Enterprise in Efficient and Economical Manner. The Authority covenants and agrees to operate, or cause to be operated, the Enterprise in an efficient and economical manner and to operate, maintain and preserve the Enterprise in good repair and working order. Section 6.05. Against Encumbrance. Except as provided herein, the Authority covenants that the property, facilities and improvements of the Enterprise shall not be mortgaged or otherwise encumbered, leased, pledged, any charge placed thereon, or disposed of as a whole or substantially as a whole unless: (a) the Authority shall cause to be filed with the Trustee written evidence from Moody's, if Moody's is rating the Bonds, and/or S&P, if S&P is rating the Bonds, that such sale or other disposition will not cause a reduction or withdrawal of the uninsured rating then assigned to the Bonds by each such rating agency; and (b) such sale or other disposition shall be so arranged as to provide for a continuance of payments into the Bond Fund sufficient in amount to permit payment therefrom of the principal of and interest on and premiums, if any, due upon the call and redemption thereof, of the Outstanding Bonds, and also -35- to provide for such payments into the funds as are required under the terms of this Indenture. Notwithstanding the foregoing, the Authority may lease real property or water rights constituting a portion of the Enterprise; provided that the lease payments shall be considered Revenues hereunder. The Authority further covenants that the Net Revenues or any other funds pledged or otherwise made available to secure payment of the principal of and interest on the Outstanding Bonds shall not be mortgaged, encumbered, sold, leased, pledged, any charge placed thereon, or disposed of or used except as authorized by the terms of this Indenture. The Authority further covenants that it will not enter into any agreement which impairs the operation of the Enterprise or any part of it necessary to secure adequate Net Revenues to pay the principal and interest of the Bonds or which otherwise would impair the rights of the Bond Owners with respect to the Net Revenues. If any substantial part of the Enterprise is sold the payment therefor shall either be used for the acquisition and/or construction of improvements and extensions of the Enterprise or shall be deposited with the Trustee in the Redemption Fund and shall be used to redeem the Outstanding Bonds on a pro rata basis. Section 6.06. Records and Accounts. The Authority covenants that it shall keep proper books of record and accounts of the Enterprise, separate from all other records and accounts, in which complete and correct entries shall be made of all transactions relating to the Enterprise. Said books shall, upon reasonable request, be subject to the inspection of the Owners of not less than ten percent (10%) of the Outstanding Bonds or their representatives authorized in writing. The Authority covenants that it will cause the books and accounts of the Enterprise to be audited annually by an Independent Accountant and will make available for inspection by the Owner at the Trust Office of the Trustee, upon reasonable request, a copy of the report of such Independent Accountant. Any such audit may be combined with and be a part of the general audit of the Authority's financial records. The Authority covenants to deliver to Owner annual audited financial statements within 270 days of the Authority's fiscal year end. Section 6.07. Rates and Charges. (a) The Authority covenants to fix, prescribe, revise and collect rates, fees and charges for the Enterprise as a whole for the services and improvements furnished by the Enterprise during each Fiscal Year which are at least sufficient, after making allowances for contingencies and error in the estimates, to yield Revenues that are sufficient to pay the following amounts in the following order of priority: (i) all anticipated Operation and Maintenance Costs of the Enterprise for such Fiscal Year; (ii) Debt Service payments on the Bonds and on any Parity Obligations as they become due and payable during such Fiscal Year, without preference or priority, except to the extent such Debt Service payments are payable from the proceeds of the Bonds or Parity Obligations or from any other source of legally available funds of the -36- Authority that have been deposited with the Trustee for purposes prior to the commencement of such Fiscal Year•, (iii) the amount, if any, required to restore the balance in the Reserve Account, and in any reserve account established for Parity Obligations, to the full amount of the Reserve Account Requirement and the reserve requirement with respect to any such Parity Obligations; (iv) all other payments required to meet any other obligations of the Authority which are charges, liens, encumbrances upon the Revenues or Net Revenues during such Fiscal Year. (b) To the fullest extent permitted by law, the Authority will fix, prescribe, revise and collect, or cause to be fixed, prescribed, revised and collected, rates, fees and charges for the services and improvements furnished by the Enterprise which are reasonably expected to be at least sufficient to yield during each Fiscal Year Net Revenues equal to 125% of Debt Service payments on the Bonds and Parity Obligations for such Fiscal Year. The Authority may make adjustments from time to time in such rates and charges and may make such classifications thereof as it deems necessary, but shall not reduce the rates and charges then in effect unless the Net Revenues from such reduced rates and charges are reasonably expected to be sufficient to meet the requirements of this Section. (c) So long as the Authority has complied with its obligations set forth in subsection (c) above, the failure of Net Revenues to meet the threshold set forth in Section 6.07(b) above at the end of a Fiscal Year shall not constitute a default or an Event of Default so long as the Authority has complied with Section 6.07(b) at the commencement .of the succeeding Fiscal Year. Section 6.08. Limitations on Future Obligations Secured by Net Revenues. (a) No Obligations Superior to Bonds or Parity Obligations. In order to protect further the availability of the Net Revenues and the security for the Bonds and any Parity Obligations, the Authority covenants that no additional bonds or other indebtedness will be issued or incurred on a senior basis to the Bonds or such Parity Obligations that are payable out of the Net Revenues in whole or in part. (b) The Authority further covenants that, except for obligations incurred to prepay or post a security deposit for the payment of the Bonds or Parity Obligations, the Authority may issue or incur Parity Obligations during the term of the Bonds if: (i) The Authority is not in default under the terms of this Indenture unless such default shall be cured simultaneously with the issuance of such Parity Obligations; and (ii) The Authority obtains or provides a certificate prepared by an Independent Accountant or Independent Financial Consultant showing that the Net Revenues as shown by the books of the Authority or City for any 12 consecutive calendar months during the 18 calendar month period ending prior to the incurring of such Parity -37- Obligations shall have amounted to at least 125% of the Maximum Aggregate Annual Debt Service for all Bonds and Parity Obligations to be outstanding immediately after incurring such additional Parity Obligations. For purposes of preparing the certificate described in subsection (ii), as set forth above, the Independent Accountant or Independent Financial Consultant may rely upon financial statements prepared by the Authority or City, which have not been subject to audit by an independent certified public accountant if audited financial statements for the Fiscal Year or period are not available. For purposes of demonstrating compliance with the foregoing, Net Revenues may be adjusted (at the option of the Authority) to include the Additional Revenues. If interest on any Parity Obligation is reasonably anticipated to be reimbursed to or on behalf of the Authority by the United States of America, then interest payments with respect to such Parity Obligations shall be excluded by the amount of such interest reasonably anticipated to be paid or reimbursed by the United States of America, and such reimbursements will not be included as Revenues for purposes of the coverage calculations required in subsection (b)(ii) above. The provisions of subsection (b)(ii) of this Section shall not apply to any Parity Obligations if all of the proceeds of which (other than proceeds applied to pay costs of issuing such Parity Obligations and to make a reserve fund deposit) shall be deposited in an irrevocable escrow held in cash or invested in Federal Securities for the purpose of paying the principal of and interest and premium (if any) on any Outstanding Bonds or on any outstanding Parity Obligations, if (i) at the time of the incurring of such Parity Obligations, the City certifies in writing that Maximum Aggregate Annual Debt Service on such Parity Obligations will not exceed Maximum Aggregate Annual Debt Service on the Outstanding Bonds or Parity Obligations to be refunded, and (ii) the final maturity of such Parity Obligations is not later than the final maturity of the refunded Bonds or Parity Obligations. In order to maintain the parity relationship of the Debt Service payments to all Parity Obligations permitted hereunder, the Authority covenants that all payments in the nature of principal and interest or reserve account replenishment with respect to any Parity Obligations, except with respect to Governmental Loans, will be structured to occur semi-annually on the Record Dates and in each year as such payments are due with respect to the Debt Service payments, and reserve account replenishment with respect to any Parity Obligations, except with respect to Governmental Loans, will be structured to occur monthly, and to otherwise structure the terms of such Parity Obligations to ensure that they are in all respects payable on a parity with the Debt Service payments and not prior thereto; provided that the Authority shall not make a payment on such Governmental Loan to the extent it would have the effect of causing the Authority to fail to pay Debt Service payments of the Bonds or Parity Obligations on a timely basis. In such event, the Authority shall make Debt Service payments and payments on such Governmental Loan on a pro rata basis. Subordinate Obligations. Additional obligations may be issued on a basis subordinate to the Bonds and Parity Obligations. -38- Section 6.09. Further Assurances. The Authority will adopt, make, execute and deliver any and all such further resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of this Indenture, and for the better assuring and confirming unto the Owners of the Bonds of the rights and benefits provided in this Indenture. Section 6.10. Waiver of Laws. The Authority shall not at anytime insist upon or plead in any manner whatsoever, or claim or take the benefit or advantage of, any stay 'or extension law now or at any time hereafter in force that may affect the covenants and agreements contained in this Indenture or in the Bonds, and all benefit or advantage of any such law or laws is hereby expressly waived by the Authority to the extent permitted by law. Section 6.11. Private Activity Bond Limitation. The Authority shall assure that the proceeds of the Bonds are not so used as to cause the Bonds to satisfy the private business tests of Section 141(b) of the Code. Section 6.12. Private Loan Financing Limitation. The Authority shall assure that the proceeds of the Bonds are not so used as to cause the Bonds to satisfy the private loan financing test of Section 141(c) of the Code. Section 6.13. Federal Guarantee Prohibition. The Authority shall not take any action or permit or suffer any action to be taken if the result of the same would be to cause any of the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Code. Section 6.14. Rebate Requirement. The Authority shall take any and all actions necessary to assure compliance with Section 148(f) of the Code, relating to the rebate of excess investment earnings, if any, to the federal government. Section 6.15. No Arbitrage. The Authority shall not take, or permit or suffer to be taken by the Trustee or otherwise, any action with respect to the proceeds of the Bonds which, if such action had been reasonably expected to have been, taken, or had been deliberately and intentionally taken, on the Closing Date would have caused the Bonds, to be "arbitrage bonds" within the meaning of Section 148 of the Code. Section 6.16. Maintenance of Tax -Exemption. The Authority shall take all actions necessary to assure the exclusion of interest on the Bonds from the gross income of the Owners of the Bonds to the same extent as such interest is permitted to be excluded from gross income under the Code as in effect on the Closing Date. Section 6.17. Interfund Loans. In the event there are insufficient net revenues of either the water system or sewer system of the Enterprise to pay the portion of Debt Service allocated to such system then due, the Authority shall borrow available net revenues from the applicable fund, if available, of either the water system or sewer system in order to pay the portion of Debt Service then due. The loan shall be accounted for as a temporary borrowing between funds and the Authority shall make a repayment of such borrowed net revenues within a reasonable time. Such repayment shall be payable from net revenues of the respective system on a subordinate basis to the Debt Service on the Bonds, the 2008 Bonds, the 2014 Bonds and any Parity Obligations. -39- Section 6.18. Assumption of Obligations Upon Termination of the Lease Agreement. The Authority and the City covenant not to terminate the Lease Agreement so long as the Bonds remain outstanding. However, in the event the Lease Agreement is, for any reason, terminated prior to the final payment of all Bonds hereunder, the City will assume all of the Authority's obligations hereunder for the payment of the principal of and interest on the Bonds. -40- ARTICLE VII MAINTENANCE, TAXES, INSURANCE AND CONDEMNATION Section 7.01. Maintenance and Operation of the Enterprise. The Authority covenants and agrees that it will operate and maintain the Enterprise in accordance with all applicable governmental laws, ordinances, approvals, rules, regulations and requirements including, without limitation, such zoning, sanitary, pollution and safety ordinances and laws and such rules and regulations thereunder as may be binding upon the Authority. Section 7.02. Taxes, Assessments, Other Governmental Charges and Utility Charges. The Authority covenants and agrees that it will pay and discharge all taxes, assessments, governmental charges of any kind whatsoever, and utility charges which may be or have been assessed or which may have become liens upon the Enterprise or the interest therein of the Trustee or of the Owners of the Bonds, and will make such payments or cause such payments to be made, respectively, in due time to prevent any delinquency thereon or any forfeiture or sale of the Enterprise or any part thereof, and upon request, will furnish to the Trustee receipts for all such payments, or other evidence satisfactory to the Trustee; provided, however, that the Authority shall not be required to pay any tax, assessment, rate or charge as herein provided as long as it shall in good faith contest the validity thereof, provided that the Authority shall have set aside adequate reserves with respect thereto. Section 7.03. Public Liability and Property Damage Insurance. The Authority shall maintain or cause to be maintained, so long as any Bonds or Parity Obligations remain outstanding, but only if and to the extent available at reasonable cost from reputable insurers, a standard comprehensive general insurance policy or policies in protection of the Authority, the Authority and their respective members, officers, agents, assignees and employees. Said policy or policies shall provide for indemnification of said parties against direct or contingent loss or liability for damages for bodily and personal injury, death or property damage occasioned by reason of the operation of the Enterprise. Said policy or policies shall provide coverage in such liability amounts and shall be subject to such deductibles as shall be customary with respect to works and property of a like character. Such liability insurance may be maintained as part of or in conjunction with any other liability insurance coverage carried by the Authority or the City, and may be maintained in whole or in part in the form of self-insurance by the Authority or the City, in the form of the participation by the Authority or the City in a joint powers agency or other program providing pooled insurance. The proceeds of such liability insurance shall be applied toward extinguishment or satisfaction of the liability with respect to which such proceeds have been paid. Section 7.04. Casualty Insurance. The Authority shall procure and maintain or cause to be procured and maintained, so long as any Bonds or Parity Obligations remain outstanding, but only in the event and to the extent available from reputable insurers at reasonable cost, casualty insurance against loss or damage to any improvements constituting any part of the Enterprise, covering such hazards as are customarily covered with respect to works and property of like character. Such insurance may be subject to deductible clauses which are customary with respect to works and property of a like character. Such insurance may be maintained as part of or in -41- conjunction with any other casualty insurance coverage carried by the Authority or the City and may be maintained, in whole or in part, in the form of self-insurance by the Authority or the City, subject to the provisions of Section 7.05, or in the form of the participation by the Authority or the City in a joint powers agency or other program providing pooled insurance. All amounts collected from insurance against accident to or destruction of any portion of the Enterprise shall be used to repair, rebuild or replace such damaged or destroyed portion of the Enterprise and, to the extent not so applied or to the extent the Authority determines it is not economically feasible or in the best interests of the Authority to so repair, rebuild or replace such damaged or destroyed portion of the Enterprise, shall be applied to redeem the Bonds pro rata with any Parity Obligations. Section 7.05. Insurance Net Proceeds; Form of Policies. The Authority shall pay or cause to be paid when due the premiums for all insurance policies required by the Lease Agreement. The Authority shall annually, on or before December 1, deliver to the Trustee a certificate to the effect that the Authority has complied with the requirements of Sections 7.03 and 7.04 hereof. In the event that any insurance required pursuant to Section 7.03 or 7.04 shall be provided in the form of self-insurance, the Authority shall file with the Trustee annually, within ninety (90) days following the close of each Fiscal Year, a statement of an independent actuarial consultant identifying the extent of such self-insurance and stating the determination that the Authority maintains sufficient reserves with respect thereto. In the event that any such insurance shall be provided in the form of self-insurance by the Authority, the Authority shall not be obligated to make any payment with respect to any insured event except from Revenues or from such reserves. Section 7.06. Eminent Domain. Any amounts received as awards as a result of the taking of all or any part of the Enterprise by the lawful exercise of eminent domain, at the election of the Authority (evidenced by a Written Certificate of the Authority filed with the Trustee and the Authority) shall either (a) be used for the lease, acquisition or construction of improvements or extension of the Enterprise, or (b) be applied to redeem the Bonds pro rata with any Parity Obligations. -42- ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES OF BONDOWNERS Section 8.01. Events of Default. The following events shall be Events of Default: (a) default in the due and punctual payment of the principal of any Bond or Parity Obligation when and as the same shall become due and payable, whether at maturity as therein expressed, by proceedings for redemption, by declaration or otherwise, in the amounts and at the times provided therefor; (b) default in the due and punctual payment of any installment of interest on any Bond or Parity Obligation when and as such interest installment shall become due and payable; (c) default by the Authority in the observance of any of the covenants, agreements or conditions on its part in this Indenture or in the Bonds contained (other than as referred to in subsections (a) or (b) of this Section 8.01), if such default shall have continued for a period of thirty (30) days after written notice thereof, specifying such default and requiring the same to be remedied, shall have been given to the Authority by the Trustee, or to the Authority and the Trustee by the Owners of not less than twenty-five percent (25%) in aggregate principal amount of the Bonds at the time Outstanding; or (d) the Authority's filing a petition in voluntary bankruptcy, for the composition of its affairs or for its corporate reorganization under any state or federal bankruptcy or insolvency law, or making an assignment for the benefit of creditors, or admitting in writing to its insolvency or inability to pay debts as they mature, or consenting in writing to the appointment of a trustee or receiver for itself or for the whole or any substantial part of the Enterprise. Section 8.02. Acceleration of Maturities. If an Event of Default shall occur, then, and in each and every such case during the continuance of such Event of Default, the Trustee or the Owners of not less than a majority in aggregate principal amount of the Bonds at the time Outstanding shall be entitled, upon notice in writing to the Authority, to declare the principal of all of the Bonds then Outstanding, and the interest accrued thereon, to be due and payable immediately, and upon any such declaration the same shall become and shall be immediately due and payable, anything in this Indenture or in the Bonds contained to the contrary notwithstanding. Any such declaration, however, is subject to the condition that if, at any time after such declaration and before any judgment or decree for the payment of the moneys due shall have been obtained or entered, the Authority shall deposit with the Trustee a sum sufficient to pay all the principal or Redemption Price of and installments of interest on the Bonds payment of which is overdue, with interest on such overdue principal at the rate borne by the respective Bonds, and the reasonable charges and expenses of the Trustee, and any and all other defaults known to the Trustee (other than in the payment of principal of and interest on the Bonds due and payable solely by reason of such declaration) shall have been made good or cured to the satisfaction of the Trustee or provision deemed by the Trustee to be adequate shall have been made therefor, then, and in every such case, the Owners of not less than a majority in aggregate principal -43- amount of the Bonds then Outstanding, by written notice to the Authority and the Trustee, or the Trustee if such declaration was made by the Trustee, may, on behalf of the Owners of all of the Bonds, rescind and annul such declaration and its consequences and waive such default; but no such rescission and annulment shall extend to or shall affect any subsequent default, or shall impair or exhaust any right or power consequent thereon. Section 8.03. Application of Net Revenues and Other Funds After Default. If an Event of Default shall occur and be continuing, all Net Revenues and any other funds then held or thereafter received by the Trustee under any of the provisions of this Indenture (subject to Section 13.10) shall be applied by the Trustee as follows and in the following order: (a) To the payment of any expenses necessary in the opinion of the Trustee to protect the interests of the Owners of the Bonds and payment of reasonable charges and expenses of the Trustee (including, but not limited to, reasonable fees and disbursements of its counsel) incurred in and about the performance of its powers and duties under this Indenture; (b) To the payment of the principal or Redemption Price of and interest then due on the Bonds (upon presentation of the Bonds to be paid, and stamping thereon of the payment if only partially paid, or surrender thereof if fully paid) subject to the provisions of this Indenture (including Section 6.02), as follows: (i) Unless the principal of all of the Bonds shall have become or have been declared due and payable, First: To the payment to the persons entitled thereto of all installments of interest then due in the order of the maturity of such installments, and, if the amount available shall not be sufficient to pay in full any installment or installments maturing on the same date, then to the payment thereof ratably, according to the amounts due thereon, to the persons entitled thereto, without any discrimination or preference; and Second: To the payment to the persons entitled thereto of the unpaid principal or Redemption Price of any Bonds which shall have become due, whether at maturity or by call for redemption, in the order of their due dates, with interest on the overdue principal at the rate borne by the respective Bonds, and, if the amount available shall not be sufficient to pay in full all the Bonds due on any date, together with such interest, then to the payment thereof ratably, according to the amounts of principal or Redemption Price due on such date to the persons entitled thereto, without any discrimination or preference. (ii) If the principal of all of the Bonds shall have become or have been declared due and payable, to the payment of the principal and interest then due and unpaid upon the Bonds, with interest on the overdue principal at the rate borne by the respective Bonds, and, if the amount available shall not be sufficient to pay in full the whole amount so due and unpaid, then to the payment thereof ratably, without preference or priority of principal over interest, or of interest over principal, or of any installment of interest over any other installment of interest, or of any Bond over any other Bond, according to the amounts due respectively for principal and interest, to the persons entitled thereto without any discrimination or preference. -44- Section 8.04. Trustee to Represent Owners. The Trustee is hereby irrevocably appointed (and the successive respective Owners of the Bonds, by taking and holding the same, shall be conclusively deemed to have so appointed the Trustee) as trustee and true and lawful attorney-in- fact of the Owners of the Bonds for the purpose of exercising and prosecuting on their behalf such rights and remedies as may be available to such Owners under the provisions of the Bonds, this Indenture, the Bond Law and applicable provisions of any other law. Upon the occurrence and continuance of an Event of Default or other occasion giving rise to a right in the Trustee to represent the Owners, the Trustee in its discretion may, and shall, upon the written request of the Owners of not less than twenty-five percent (25%) in aggregate principal amount of the Bonds then Outstanding, (or, if more than one such request is received, the written request executed by the Owners of the greatest percentage of Bonds then Outstanding in excess of twenty-five percent (25%)), and upon being indemnified to its satisfaction therefor, shall, proceed to protect or enforce its rights or the rights of such Owners by such appropriate action, suit, mandamus or other proceedings as it shall deem most effectual to protect and enforce any such right, at law or in equity, either for the specific performance of any covenant or agreement contained herein, or in aid of the execution of any power herein granted, or for the enforcement of any other appropriate legal or equitable right or remedy vested in the Trustee or in such Owners under this Indenture, the Bond Law or any other law; and upon instituting such proceeding, the Trustee shall be entitled, as a matter of right, to the appointment of a receiver of the Net Revenues and other assets pledged under this Indenture, pending such proceedings. All rights of action under this Indenture or the Bonds or otherwise may be prosecuted and enforced by the Trustee without the possession of any of the Bonds or the production thereof in any proceeding relating thereto, and any such suit, action or proceeding instituted by the Trustee shall be brought in the name of the Trustee for the benefit and protection of all the Owners of such Bonds, subject to the provisions of this Indenture (including Section 6.02). Section 8.05. Owners' Direction of Proceedings. Anything in this Indenture to the contrary notwithstanding, the Owners of a majority in aggregate principal amount of the Bonds then Outstanding shall have the right, by an instrument or concurrent instruments in writing executed and delivered to the Trustee, to direct the method of conducting all remedial proceedings taken by the Trustee hereunder, provided that such direction shall not be otherwise than in accordance with law and the provisions of this Indenture, and that the Trustee shall have the right to decline to follow any such direction which in the opinion of the Trustee would be unjustly prejudicial to Owners not parties to such direction or would expose the Trustee to liability for which it has not been indemnified to its satisfaction. Section 8.06. Limitation on Owners' Right to Sue. No Owner of any Bond shall have the right to institute any suit, action or proceeding at law or in equity, for the protection or enforcement of any right or remedy under this Indenture, the Bond Law or any other applicable law with respect to such Bond, unless (1) such Owner shall have given to the Trustee written notice of the occurrence of an Event of Default; (2) the Owners of not less than twenty-five per cent (25%) in aggregate principal amount of the Bonds then Outstanding (or, if more than one such request is received, the written request executed by the Owners of the greatest percentage of Bonds then Outstanding in excess of twenty-five percent (25%)) shall have made written request upon the Trustee to exercise the powers hereinbefore granted or to institute such suit, action or proceeding in its own name; (3) such Owner or said Owners shall have tendered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with -45- such request; and (4) the Trustee shall have refused or omitted to comply with such request for a period of sixty (60) days after such written request shall have been received by, and said tender of indemnity shall have been made to, the Trustee. Such notification, request, tender of indemnity and refusal or omission are hereby declared, in every case, to be conditions precedent to the exercise by any Owner of Bonds of any remedy hereunder or under law; it being understood and intended that no one or more Owners of Bonds shall have any right in any manner whatever by his or their action to affect, disturb or prejudice the security of this Indenture or the rights of any other Owners of Bonds, or to enforce any right under this Indenture, the Bond Law, the Government Code of the State or other applicable law with respect to the Bonds, except in the manner herein provided, and that all proceedings at law or in equity to enforce any such right shall be instituted, had and maintained in the manner herein provided and for the benefit and protection of all Owners of the Outstanding Bonds, subject to the provisions of this Indenture (including Section 6.02). Section 8.07. Absolute Obligation of Authority. Nothing in Section 8.06 or in any other provision of this Indenture, or in the Bonds, contained shall affect or impair the obligation of the Authority, which is absolute and unconditional, to pay the principal or Redemption Price of and interest on the Bonds to the respective Owners of the Bonds at their respective dates of maturity, or upon call for redemption, as herein provided, but only out of the Net Revenues and other assets herein pledged therefor, or affect or impair the right of such Owners, which is also absolute and unconditional, to enforce such payment by virtue of the contract embodied in the Bonds. Section 8.08. Termination of Proceedings. In case any proceedings taken by the Trustee or any one or more Owners on account of any Event of Default shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Trustee or the Owners, then in every such case the Authority, the Trustee and the Owners, subject to any determination in such proceedings, shall be restored to their former positions and rights hereunder, severally and respectively, and all rights, remedies, powers and duties of the Authority, the Trustee and the Owners shall continue as though no such proceedings had been taken. Section 8.09. Remedies Not Exclusive. No remedy herein conferred upon or reserved to the Trustee or to the Owners of the Bonds is intended to be exclusive of any other remedy or remedies, and each and every such remedy, to the extent permitted by law, shall be cumulative and in addition to any other remedy given hereunder or now or hereafter existing at law or in equity or otherwise. Section 8.10. No Waiver of Default. No delay or omission of the Trustee or of any Owner of the Bonds to exercise any right or power arising upon the occurrence of any default shall impair any such right or power or shall be construed to be a waiver of any such default or an acquiescence therein; and every power and remedy given by this Indenture to the Trustee or to the Owners of the Bonds may be exercised from time to time and as often as may be deemed expedient. -46- ARTICLE IX THE TRUSTEE Section 9.01. Appointment of Trustee; Duties, Immunities and Liabilities of Trustee. (a) The Bank of New York Mellon Trust Company, N.A. is hereby appointed to serve as Trustee under this Indenture. By execution hereof, the Trustee accepts such appointment. (b) The Trustee shall, prior to an Event of Default, and after the curing or waiver of all Events of Default which may have occurred, perform such duties and only such duties as are specifically set forth in this Indenture. The Trustee shall, during the existence of any Event of Default (which has not been cured or waived), exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in their exercise, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs. (c) The Authority may remove the Trustee at any time by thirty (30) days prior written request unless an Event of Default shall have occurred and then be continuing, and shall remove the Trustee if at any time requested to do so by an instrument or concurrent instruments in writing signed by the Owners of not less than a majority in aggregate principal amount of the Bonds then Outstanding (or their attorneys duly authorized in writing) or if at any time the Trustee shall cease to be eligible in accordance with subsection (f) of this Section 9.01, or shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or, its property shall be appointed, or any public officer shall take control or charge of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, in each case by giving written notice of such removal to the Trustee, and thereupon shall appoint a successor Trustee by an instrument in writing. (d) The Trustee may at any time resign by giving ninety days prior written notice of such resignation to the Authority and by giving the Owners notice of such resignation by mail to the addresses shown on the Bond Registration Books. Upon receiving such notice of resignation, the Authority shall promptly appoint a successor Trustee by an instrument in writing. (e) Any removal or resignation of the Trustee and appointment of a successor Trustee shall become effective upon acceptance of appointment by the successor Trustee. If no successor Trustee shall have been appointed and have accepted appointment within forty-five (45) days of giving notice of removal or notice of resignation as aforesaid, the resigning Trustee or any Owner (on behalf of himself and all other Owners) may petition any court of competent jurisdiction for the appointment of a successor Trustee, and such court may thereupon, after such notice (if any) as it may deem proper, appoint such successor Trustee. Any successor Trustee appointed under this Indenture, shall signify its acceptance of such appointment by executing and delivering to the Authority and to its predecessor Trustee a written acceptance thereof, and thereupon such successor Trustee, without any further act, deed or conveyance, shall become vested with all the moneys, estates, properties, rights, powers, trusts, duties and obligations of such predecessor Trustee, with like effect as if originally named Trustee herein; but, nevertheless at the Request of the Authority or the request of the successor Trustee, such predecessor Trustee -47- shall execute and deliver any and all instruments of conveyance or further assurance and do such other things as may reasonably be required for more fully and certainly vesting in and confirming to such successor Trustee all the right, title and interest of such predecessor Trustee in and to any property held by it under this Indenture and shall pay over, transfer, assign and deliver to the successor Trustee any money or other property subject to the trusts and conditions herein set forth. Upon request of the successor Trustee, the Authority shall execute and deliver any and all instruments as may be reasonably required for more fully and certainly vesting in and confirming to such successor Trustee all such moneys, estates, properties, rights, powers, trusts, duties and obligations. Upon acceptance of appointment by a successor Trustee as provided in this subsection, the Authority shall mail a notice of the succession of such Trustee to the trusts hereunder to the Owners at the addresses shown on the registration books maintained by the Trustee. If the Authority fails to mail such notice within fifteen (15) days after acceptance of appointment by the successor Trustee, the successor Trustee shall cause such notice to be mailed at the expense of the Authority. (f) Any Trustee appointed under the provisions of this Section 9.01 in succession to the Trustee shall be a trust company, national banking association or bank having the powers of a trust company having a corporate trust office in the State, having a combined capital and surplus of at least fifty million dollars ($50,000,000), and subject to supervision or examination by federal or state authority. If such bank, national banking association or trust company publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purpose of this subsection the combined capital and surplus of such bank, national banking association or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Trustee shall cease to be eligible in accordance with the provisions of this subsection (f), the Trustee shall resign immediately in the manner and with the effect specified in this Section 9.01. Section 9.02. Merger or Consolidation. Any company or association into which the Trustee may be merged or converted or with which it may be consolidated or any company or association resulting from any merger, conversion or consolidation to which it shall be a party or any company or association to which the Trustee may sell or transfer all or substantially all of its corporate trust business, provided such company or association shall be eligible under subsection (f) of Section 9.01, shall be the successor to such Trustee, as the case may be, without the execution or filing of any paper or any further act, anything herein to the contrary notwithstanding. Section 9.03. Liability of Trustee. (a) The recitals of facts herein and in the Bonds contained shall be taken as statements of the Authority, and the Trustee assumes no responsibility for the correctness of the same, or makes any representations as to the validity or sufficiency of this Indenture or of the Bonds, or shall incur any responsibility in respect thereof, other than in connection with the duties or obligations herein or in the Bonds assigned to or imposed upon it. The Trustee shall, however, be responsible for its representations contained in its certificate of authentication on the Bonds. The Trustee shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or willful misconduct. The Trustee may become the -48- owner of Bonds with the same rights it would have if it were not Trustee, and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as a member of, or in any other capacity with respect to, any committee formed to protect the rights of Owners, whether or not such committee shall represent the Owners of a majority in principal amount of the Bonds then Outstanding. (b) The Trustee shall not be liable for any error of judgment made in good faith by a responsible officer, unless the Trustee was negligent in ascertaining the pertinent facts. (c) The Trustee shall not be liable with respect to any action taken or omitted to be taken by it in good faith in accordance with the direction of the Owners of not less than twenty- five percent (25%) in aggregate principal amount of the Bonds at the time Outstanding relating to the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred upon the Trustee under this Indenture. (d) The Trustee shall be under no obligation to exercise any of the rights or powers vested in it by this Indenture at the request, order or direction of any of the Owners, pursuant to the provisions of this Indenture, unless such Owners shall have offered to the Trustee reasonable security or indemnity against the costs, expenses and liabilities which may be incurred therein or thereby. (e) The Trustee shall not be liable for any action taken by it in good faith and believed by it to be authorized or within the discretion or rights or powers conferred upon it by this Indenture. (f) No provision in this Indenture shall require the Trustee to risk or expend its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder if repayment of such funds or adequate indemnity against such risk or liability is not assured to it. The Trustee shall provide the Authority with seven days' notice prior to making any advance of its own funds hereunder, and, if the Authority does not provide moneys in the amount needed, the Trustee shall be entitled to interest on the amounts advanced at a rate equal to the then 3 - month certificates of deposit rate (by reference to the Wall Street Journal); provided that no such prior notice shall need be given and such interest on amounts advanced shall accrue from the date of any such advance following the occurrence of an Event of Default hereunder. (g) The Trustee makes no representation, express or implied as to the title, value, design, compliance with specifications or legal requirements, quality, durability, operation, condition, merchantability or fitness for any particular purpose or fitness for the use contemplated by the Authority of the Enterprise. (h) The Trustee shall not be deemed to have knowledge of an Event of Default hereunder unless and until it shall have actual knowledge thereof. (i) The Trustee shall have no responsibility with respect to any information, statement or recital in any official statement, offering memorandum or other disclosure material prepared or distributed with respect to the Bonds. -49- 0) The immunities extended to the Trustee also extend to its directors, officers, employees and agents. (k) The permissive right of the Trustee to do things enumerated in this Indenture shall not be construed as a duty. (1) The Trustee may execute any of the trusts or powers hereof and perform any of its duties through attorneys, agents and receivers and shall not be answerable for the same if appointed by it with reasonable care. (m) The Trustee shall have the right to accept and act upon instructions, including funds transfer instructions ("Instructions") given pursuant to this Indenture and delivered using Electronic Means ("Electronic Means" shall mean the following communications methods: e- mail, facsimile transmission, secure electronic transmission containing applicable authorization codes, passwords and/or authentication keys issued by the Trustee, or another method or system specified by the Trustee as available for use in connection with its services hereunder); provided, however, that the Authority shall provide to the Trustee an incumbency certificate listing officers with the authority to provide such Instructions ("Authorized Officers") and containing specimen signatures of such Authorized Officers, which incumbency certificate shall be amended by the Authority whenever a person is to be added or deleted from the listing. If the Authority elects to give the Trustee Instructions using Electronic Means and the Trustee in its discretion elects to act upon such Instructions, the Trustee's understanding of such Instructions shall be deemed controlling. The Authority understands and agrees that the Trustee cannot determine the identity of the actual sender of such Instructions and that the Trustee shall conclusively presume that directions that purport to have been sent by an Authorized Officer listed on the incumbency certificate provided to the Trustee have been sent by such Authorized Officer. The Authority shall be responsible for ensuring that only Authorized Officers transmit such Instructions to the Trustee and that the Authority and all Authorized Officers are solely responsible to safeguard the use and confidentiality of applicable user and authorization codes, passwords and/or authentication keys upon receipt by the Authority. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee's reliance upon and compliance with such Instructions notwithstanding such directions conflict or are inconsistent with a subsequent written instruction. The Authority agrees: (i) to assume all risks arising out of the use of Electronic Means to submit Instructions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized Instructions, and the risk of interception and misuse by third parties; (ii) that it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to the Trustee and that there may be more secure methods of transmitting Instructions than the method(s) selected by the Authority; (iii) that the security procedures (if any) to be followed in connection with its transmission of Instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances; and (iv) to notify the Trustee immediately upon learning of any compromise or unauthorized use of the security procedures. (n) The Trustee shall not be liable to the parties hereto or deemed in breach or default hereunder if and to the extent its performance hereunder is prevented by reason of force majeure. The term "force majeure" means an occurrence that is beyond the control of the Trustee and could not have been avoided by exercising due care. Force majeure shall include, but not be -50- limited to, acts of God, terrorism, war, riots, strikes, fire, floods, earthquakes, epidemics or other similar occurrences (o) The Trustee shall not be responsible for or accountable to anyone for the subsequent use or application of any moneys which shall be released or withdrawn in accordance with the provisions hereof. Section 9.04. Right of Trustee to Rely on Documents. The Trustee shall be protected in acting upon any notice, resolution, request, requisition, consent, order, certificate, report, opinion, note or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. The Trustee may consult with counsel, who may be counsel of or to the Authority, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance therewith. Whenever in the administration of the trusts imposed upon it by this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may be deemed to be conclusively proved and established by a Certificate of the Authority, and such Certificate shall be full warrant to the Trustee for any action taken or suffered in good faith under the provisions of this Indenture in reliance upon such Certificate, but in its discretion the Trustee may, in lieu thereof, accept other evidence of such matter or may require such additional evidence as to it may seem reasonable. Section 9.05. Preservation and Inspection of Documents. All documents received by the Trustee under the provisions of this Indenture shall be retained in its possession and shall be subject during regular business hours with reasonable prior notice to the inspection of the Authority and any Owner, and their agents and representatives duly authorized in writing, at the Trust Office of the Trustee and under reasonable conditions. Section 9.06. Compensation of Trustee. The Authority covenants to pay to the Trustee from time to time, from available moneys of the Authority, and the Trustee shall be entitled to, reasonable compensation for all services rendered by it in the exercise and performance of any of the powers and duties hereunder of the Trustee, and the Authority will pay or reimburse the Trustee upon its request, from available moneys of the Authority, for all expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Indenture (including the reasonable compensation and the expenses and disbursements of its counsel and of all persons not regularly in its employ) except any such expense, disbursement or advance as may arise from its negligence or bad faith. Section 9.07. Indemnification. The Authority covenants to indemnify the Trustee and to hold it harmless against any loss, liability, expenses or advance, including fees and expenses of counsel and other experts, incurred or made without negligence or bad faith on the part of the Trustee, in the exercise and performance of any of the powers and duties hereunder by the Trustee, including the costs and expenses of defending itself against any claim of liability arising under this Indenture. Such indemnification shall survive the termination or discharge of this Indenture and the resignation or removal of the Trustee. -51- ARTICLE X MODIFICATION OR AMENDMENT OF THE INDENTURE Section 10.01. Amendments Permitted. (a) This Indenture and the rights and obligations of the Authority and of the Owners of the Bonds and of the Trustee may be modified or amended from time to time and at any time by a Supplemental Indenture, which the Authority and the Trustee may execute when the written consent of the Owners of a majority in aggregate principal amount of the Bonds then Outstanding shall have been filed with the Trustee; provided that if such modification or amendment will, by its terms, not take effect so long as any Bonds of any particular maturity remain Outstanding, the consent of the Owners of such Bonds shall not be required and such Bonds shall not be deemed to be Outstanding for the purpose of any calculation of Bonds Outstanding under this Section 10.01. No such modification or amendment shall (1) extend the fixed maturity of any Bond, or reduce the amount of principal thereof, provided in this Indenture for the payment of any Bond, or reduce the rate of interest thereon, or extend the time of payment of interest thereon, or reduce any premium payable upon the redemption thereof, without the consent of the Owner of each Bond so affected, or (2) reduce the aforesaid percentage of Bonds the consent of the Owners of which is required to effect any such modification or amendment, or permit the creation of any lien on the Net Revenues and other assets pledged under this Indenture prior to or on a parity with the lien created by this Indenture, other than Parity Obligations, or deprive the Owners of the Bonds of the lien created by this Indenture on such Net Revenues and other assets (except as expressly provided in this Indenture), or terminate the insurance of the Bonds, without the consent of the Owners of all of the Bonds then. Outstanding or modify any of the rights or obligations of the Trustee without its prior written consent. It shall not be necessary for the consent of the Owners to approve the particular form of any Supplemental Indenture, but it shall be sufficient if such consent shall approve the substance thereof. Promptly after the execution by the Authority and the Trustee of any Supplemental Indenture pursuant to this subsection (a), the Trustee shall mail a notice, setting forth in general terms the substance of such Supplemental Indenture to the Owners at the addresses shown on the Bond Registration Books. Any failure to give such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such Supplemental Indenture. (b) This Indenture and the rights and obligations of the Authority, of the Trustee and of the Owners of the Bonds may also be modified or amended from time to time and at any time by a Supplemental Indenture, which the Authority and the Trustee may execute without the consent of any Owners, but only to the extent permitted by law and only for any one or more of the following purposes: (i) to add to the covenants and agreements of the Authority in this Indenture contained other covenants and agreements thereafter to be observed, to pledge or assign additional security for the Bonds (or any portion thereof), or to surrender any right or power herein reserved to or conferred upon the Authority, provided, that no such -52- covenant, agreement, pledge, assignment or surrender shall materially adversely affect the interests of the Owners of the Bonds; (ii) to make such provisions for the purpose of curing any ambiguity, inconsistency or omission, or of curing or correcting any defective provision, contained in this Indenture, or in regard to matters or questions arising under this Indenture, as the Authority may deem necessary or desirable and not inconsistent with this Indenture, and which shall not materially adversely affect the interests of the Owners of the Bonds; (iii) to make such additions, deletions or modifications as may be necessary to assure exclusion from gross income for purposes of federal income taxation of interest on the Bonds; or (iv) to issue Parity Obligations or to substitute a Qualified Reserve Account Credit Instrument (c) No such Supplemental Indenture shall modify any of the rights or obligations of the Trustee without its prior written consent thereto; nor shall the Trustee be required to consent to any such Supplemental Indenture which affects its rights or obligations hereunder. (d) In executing, or accepting the additional trusts created by, any supplemental indenture permitted by this Article or the modification thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and shall be fully protected in relying upon, an opinion of counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture and complies with the terms hereof. Section 10.02. Effect of Supplemental Indenture. From and after the time any Supplemental Indenture becomes effective pursuant to this Article X, this Indenture shall be deemed to be modified and amended in accordance therewith, and the respective rights, duties and obligations under this Indenture of the Authority, the Trustee and all Owners of Bonds Outstanding shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modification and amendment, and all the terms and conditions of any such Supplemental Indenture shall be deemed to be part of the terms and conditions of this Indenture for any and all purposes. Section 10.03. Endorsement of Bonds; Preparation of New Bonds. Bonds delivered after any Supplemental Indenture becomes effective pursuant to this Article X may, and if the Trustee so determines shall, bear a notation by endorsement or otherwise in form approved by the Authority and the Trustee as to any modification or amendment provided for in such Supplemental Indenture, and, in that case, upon demand of the Owner of any Bond Outstanding at the time of such execution and presentation of his Bond for the purpose at the Trust Office of the Trustee or at such additional offices as the Trustee may select and designate for that purpose, a suitable notation shall be made on such Bond. If the Supplemental Indenture shall so provide, new Bonds so modified as to conform, in the opinion of the Authority and the Trustee, to any modification or amendment contained in such Supplemental Indenture, shall be prepared and executed by the Authority and authenticated by the Trustee, and upon demand of the Owners of any Bonds then Outstanding shall be exchanged at the Trust Office of the Trustee, without cost -53- to any Owner, for Bonds then Outstanding, upon surrender for cancellation of such Bonds, in equal aggregate principal amounts of the same maturity. Section 10.04. Amendment of Particular Bonds. The provisions of this Article X shall not prevent any Owner from accepting any amendment as to the particular Bonds held by him, provided that due notation thereof is made on such Bonds. -54- ARTICLE XI DEFEASANCE Section 11.01. Discharge of Indenture. Any or all of the Bonds may be paid by the Authority in any of the following ways; provided that the Authority also pays or causes to be paid any other sums payable hereunder by the Authority: (a) by paying or causing to be paid the principal or Redemption Price of and interest on such Bonds Outstanding, as and when the same become due and payable; (b) by depositing with the Trustee, in trust, at or before maturity, money or Permitted Investments described in paragraph (a) of the definition thereof ("Defeasance Obligations") in the necessary amount (as provided in Section 11.03) to pay or redeem such Bonds Outstanding; or (c) by delivering to the Trustee, for cancellation by it, such Bonds Outstanding. If the Authority shall pay all Bonds Outstanding and shall also pay or cause to be paid all other sums payable hereunder by the Authority, then and in that case, at the election of the Authority (evidenced by a Certificate of the Authority, filed with the Trustee, signifying the intention of the Authority to discharge all such indebtedness and this Indenture), and notwithstanding that any Bonds shall not have been surrendered for payment, this Indenture and the pledge of Net Revenues and other assets made under this Indenture and all covenants, agreements and other obligations of the Authority under this Indenture shall cease, terminate, become void and be completely discharged and satisfied, except only as provided in Section 11.02. In such event, upon Request of the Authority, the Trustee shall cause an accounting for such period or periods as may be requested by the Authority to be prepared and filed with the Authority and shall execute and deliver to the Authority all such instruments as may be necessary or desirable to evidence such discharge and satisfaction, and the Trustee shall pay over, transfer, assign or deliver to the Authority all moneys or securities or other property held by it pursuant to this Indenture which are not required for the payment or redemption of Bonds not theretofore surrendered for such payment or redemption. Section 11.02. Discharge of Liability on Bonds. Upon the deposit with the Trustee, in trust, at or before maturity, of money or securities in the necessary amount (as provided in Section 11.10) to pay or redeem any Outstanding Bond (whether upon or prior to its maturity or the redemption date of such Bond), provided that, if such Bond is to be redeemed prior to maturity, notice of such redemption shall have been given as in Article IV provided or provision satisfactory to the Trustee shall have been made for the giving of such notice, then all liability of the Authority in respect of such Bond shall cease, terminate and be completely discharged, except only that thereafter the Owner thereof shall be entitled to payment of the principal of and interest to the maturity or redemption date on such Bond by the Authority, and the Authority shall remain liable for such payment, but only out of such money or securities deposited with the Trustee as aforesaid for such payment, provided further, however, that the provisions of Section 11.04 shall apply in all events. -55- The Authority may at any time surrender to the Trustee for cancellation by it any Bonds previously issued and delivered which the Authority may have acquired in any manner whatsoever, and such Bonds, upon such surrender and cancellation, shall be deemed to be paid and retired. Section 11.03. Deposit of Money or Securities with Trustee. Whenever in this Indenture it is provided or permitted that there be deposited with or held in trust by the Trustee money or Defeasance Obligations in the necessary amount to pay or redeem any Bonds, the money or Defeasance Obligations so to be deposited or held may include money or Defeasance Obligations held by the Trustee in the funds and accounts established pursuant to this Indenture and shall be: (a) lawful money of the United States of America in an amount equal to the principal amount of such Bonds and all unpaid interest thereon to maturity, except that, in the case of Bonds which are to be redeemed prior to maturity and in respect of which notice of such redemption shall have been given as in Article IV provided or provision satisfactory to the Trustee shall have been made for the giving of such notice, the amount to be deposited or held shall be the principal amount or Redemption Price of such Bonds and all unpaid interest thereon to the redemption date; or (b) Defeasance Obligations the principal of and interest on which when due will provide money sufficient, in the opinion of an Independent Accountant, to pay the principal or Redemption Price of and all unpaid interest to maturity, or to the redemption date, as the case may be, on the Bonds to be paid or redeemed, as such principal or Redemption Price and interest become due, provided that, in the case of Bonds which are to be redeemed prior to the maturity thereof, notice of such redemption shall have been given as in Article IV provided or provision satisfactory to the Trustee shall have been made for the giving of such notice; provided, in each case, that the Trustee shall have been irrevocably instructed (by the terms of this Indenture or by Request of the Authority) to apply such money to the payment of such principal or Redemption Price and interest with respect to such Bonds. The Bonds shall be deemed Outstanding under this Indenture unless and until they are in fact paid and retired or the above criteria are met. Section 11.04. Payment of Bonds After Discharge of Indenture. Notwithstanding any provisions of this Indenture, any moneys held by the Trustee in trust for the payment of the principal or redemption premium of, or interest on, any Bonds and remaining unclaimed for two years after the principal of all of the Bonds has become due and payable (whether at maturity or upon call for redemption or by acceleration as provided in this Indenture), if such moneys were so held at such date, or two years after the date of deposit of such moneys if deposited after said date when all of the Bonds became due and payable, shall be repaid to the Authority free from the trusts created by this Indenture, and all liability of the Trustee with respect to such moneys shall thereupon cease; provided, however, that before the repayment of such moneys to the Authority as aforesaid, the Trustee, as the case may be, may (at the cost of the Authority) first mail a notice, in such form as may be deemed appropriate by the Trustee, to the Owners of the Bonds so payable and not presented and with respect to the provisions relating to the repayment to the Authority of the moneys held for the payment thereof. -56- ARTICLE XII MISCELLANEOUS Section 12.01. Liability of Authority Limited to Net Revenues. Notwithstanding anything contained in this Indenture or in the Bonds, the Authority shall not be required to advance any moneys derived from any source other than the Net Revenues and other assets pledged under this Indenture for any of the purposes mentioned in this Indenture, whether for the payment of the principal or Redemption Price of or interest on the Bonds or for any other purpose of this Indenture. Section 12.02. Successor Is Deemed Included in All References to Predecessor. Whenever in this Indenture either the Authority or the Trustee is named or referred to, such reference shall be deemed to include the successors or assigns thereof, and all the covenants and agreements in this Indenture contained by or on behalf of the Authority or the Trustee shall bind and inure to the benefit of the respective successors and assigns thereof whether so expressed or not. Section 12.03. Limitation of Rights to Parties and Owners. Except as provided in Article XII hereof, nothing in this Indenture or in the Bonds expressed or implied is intended or shall be construed to give to any person other than the Authority, the Trustee, and the Owners of the Bonds, any legal or equitable right, remedy or claim under or in respect of this Indenture or any covenant, condition or provision therein or herein contained; and all such covenants, conditions and provisions are and shall be held to be for the sole and exclusive benefit of the Authority, the Trustee and the Owners of the Bonds. Section 12.04. Waiver of Notice. Whenever the giving of notice by mail or otherwise is required in this Indenture, the giving of such notice may be waived in writing by the person entitled to receive such notice and in any such case the giving or receipt of such notice shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Section 12.05. Destruction of Bonds. Whenever in this Indenture provision is made for the cancellation by the Trustee and the delivery to the Authority of any Bonds, the Trustee may, upon Request of the Authority, in lieu of such cancellation and delivery, destroy such Bonds (in the presence of an officer of the Authority, if the Authority shall so require), and deliver a certificate of such destruction to the Authority. Section 12.06. Severability of Invalid Provisions. If any one or more of the provisions contained in this Indenture or in the Bonds shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions contained in this Indenture and such invalidity, illegality or unenforceability shall not affect any other provision of this Indenture, and this Indenture shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. The Authority hereby declares that it would have adopted this Indenture and each and every other Section, paragraph, sentence, clause or phrase hereof and authorized the issuance of -57- the Bonds pursuant thereto irrespective of the fact that any one or more Sections, paragraphs, sentences, clauses or phrases of this Indenture may be held illegal, invalid or unenforceable. Section 12.07. Notices. Any notice, request, complaint, demand, communication or other paper shall be sufficiently given and shall be deemed given when delivered or mailed by first class, registered or certified mail, postage prepaid, or sent by confirmed telegram, telecopy or telex, to the address (or such other address as may have been filed with the Trustee in writing) set forth below: To the Authority: Lynwood Utility Authority 11330 Bullis Road Lynwood, CA 90262 Attention: Executive Director Fax: (310) 886-0402 To the Trustee: The Bank of New York Mellon Trust Company, N.A. 400 South Hope Street, 5th Floor Los Angeles, CA 90071 Attention: Corporate Trust Department Fax: (213) 630-6215 If to the Initial Owner: Section 12.08. Evidence of Rights of Owners. Any request, consent or other instrument required or permitted by this Indenture to be signed and executed by Owners may be in any number of concurrent instruments of substantially similar tenor and shall be signed or executed by such Owners in person or by an agent or agents duly appointed in writing. Proof of the execution of any such request, consent or other instrument or of a writing appointing any such agent, or of the holding by any person of Bonds transferable by delivery, shall be sufficient for any purpose of this Indenture and shall be conclusive in favor of the Trustee and of the Authority if made in the manner provided in this Section 13.08. The fact and date of the execution by any person of any such request, consent or other instrument or writing may be proved by the certificate of any notary public or other officer of any jurisdiction, authorized by the laws thereof to take acknowledgments of deeds, certifying that the person signing such request, consent or other instrument acknowledged to him the execution thereof, or by an affidavit of a witness of such execution duly sworn to before such notary public or other officer. The ownership of registered Bonds shall be proved by the Bond Registration Books held by the Trustee. Any request, consent, or other instrument or writing of the Owner of any Bond shall bind every future Owner of the same Bond and the Owner of every Bond issued in exchange therefor or in lieu thereof, in respect of anything done or suffered to be done by the Trustee or the Authority in accordance therewith or reliance thereon. -58- Section 12.09. Disqualified Bonds. In determining whether the Owners of the requisite aggregate principal amount of Bonds have concurred in any demand, request, direction, consent or waiver under this Indenture, Bonds which are owned or held by or for the account of the Authority or by any other obligor on the Bonds, or by any person directly or indirectly controlling or controlled by, or under direct or indirect common control with, the Authority or any other obligor on the Bonds, shall be disregarded and deemed not to be Outstanding for the purpose of any such determination. Bonds so owned which have been pledged in good faith may be regarded as Outstanding for the purposes of this Section 13.09 if the pledgee shall establish to the satisfaction of the Trustee the pledgee's right to vote such Bonds and that the pledgee is not a person directly or indirectly controlling or controlled by, or under direct or indirect common control with, the Authority or any other obligor on the Bonds. In case of a dispute as to such right, any decision by the Trustee taken upon the advice of counsel shall be full protection to the Trustee. Upon request of the Trustee, the Authority shall specify, in a certificate to the Trustee, those Bonds disqualified pursuant to this Section 13.09 and the Trustee may conclusively rely on such certificate. Section 12.10. Money Held for Particular Bonds. The money held by the Trustee for the payment of the interest, principal or Redemption Price due on any date with respect to particular Bonds (or portions of Bonds in the case of registered Bonds redeemed in part only) shall, on and after such date and pending such payment, be set aside on its books and held in trust by it without liability for interest thereon for the Owners of the Bonds entitled thereto, subject, however, to the provisions of Section 11.04. Section 12.11. Funds and Accounts. Any fund required by this Indenture to be established and maintained by the Trustee may be established and maintained in the accounting records of the Trustee, either as a fund or an account, and may, for the purposes of such records, any audits thereof and any reports or statements with respect thereto, be treated either as a fund or as an account; but all such records with respect to all such funds shall at all times be maintained in accordance with customary standards of the corporate trust industry, to the extent practicable, and with due regard for the protection of the security of the Bonds and the rights of every holder thereof. Section 12.12. Article and Section Headings and References. The headings or titles of the several Articles and Sections hereof, and any table of contents appended to copies hereof, shall be solely for convenience of reference and shall not affect the meaning, construction or effect of this Indenture. All references herein to "Articles," "Sections" and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Indenture; the words "herein," "hereof," "hereby," "hereunder" and other words of similar import refer to this Indenture as a whole and not to any particular Article, Section or subdivision hereof; and words of the masculine gender shall mean and include words of the feminine and neuter genders. Section 12.13. Waiver of Personal Liability. No member of the Authority Board, officer, agent or employee of the Authority shall be individually or personally liable for the payment of the principal or Redemption Price of or interest on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof, but nothing herein contained shall -59- relieve any such member of the Authority Board, officer, agent or employee from the performance of any official duty provided by law or by this Indenture. Section 12.14. Execution in Several Counterparts. This Indenture may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the Authority and the Trustee shall preserve undestroyed, shall together constitute but one and the same instrument. Section 12.15. Governing Law. This Indenture shall be construed in accordance with and governed by the Constitution and laws of the State. If this Indenture shall be the subject of litigation, venue shall reside in the federal or state courts of California. -60- IN WITNESS WHEREOF, the LYNWOOD UTILITY AUTHORITY has caused this Indenture to be signed in its name by the Executive Director of the Authority and attested by the Secretary, and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., in token of its acceptance of the trust created hereunder, has caused this Indenture to be signed in its corporate name by one of its authorized officers, all as of the day and year first above written. Attest: Secretary LYNWOOD UTILITY AUTHORITY Executive Director THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee LI APPROVAL OF CITY Authorized Officer In accordance with Section 6.18 hereof, the City agrees that in the event the Lease Agreement is, for any reason, terminated prior to the final payment of all Bonds hereunder, the City will assume all of the Authority's obligations hereunder for the payment of the principal of and interest on the Bonds. CITY OF LYNWOOD City Manager EXHIBIT A FORM OF BOND United States of America State of California County of Los Angeles LYNWOOD UTILITY AUTHORITY Enterprise Refunding Revenue Bonds, 2017 Series A THIS BOND MAY ONLY BE REGISTERED IN THE NAME OF, OR TRANSFERRED TO, AN "APPROVED INSTITUTIONAL BUYER" AS DEFINED IN THE INDENTURE AND PURSUANT TO THE TERMS THEREOF INTEREST RATE MATURITY DATE DATED DATE CUSIP % June 1, 2029 .9 2017 551803 REGISTERED OWNER: [TO COME] PRINCIPAL AMOUNT: DOLLARS The LYNWOOD UTILITY AUTHORITY, a joint exercise of powers authority duly organized and existing under the laws of the State of California (the "Authority"), for value received, hereby promises to pay to the Registered Owner named above or registered assigns (the "Owner"), on the Maturity Date stated above (subject to any right of prior redemption hereinafter provided for), the Principal Amount stated above in lawful money of the United States of America, and to pay interest thereon in like lawful money from the June 1 or December 1 (each an "Interest Payment Date") next preceding the date of authentication hereof, unless said date of authentication is an Interest Payment Date, in which event such interest is payable from such date of authentication, and unless said date of authentication is on or before November 15, 2017, in which event such interest is payable from the Dated Date stated above; provided, however, that if at the time of authentication of this Bond, interest is in default on this Bond, this Bond shall bear interest from the date to which interest has previously been paid or made available for payment on this Bond in full at the Interest Rate per annum stated above, payable semiannually on each Interest Payment Date, commencing December 1, 2017. The principal amount of this Bond is payable at the principal corporate trust office of The Bank of New York Mellon Trust Company, N.A., as trustee (the "Trustee"), in Los Angeles, California, or at such office as the Trustee may designate, upon presentation and surrender of this Bond to the Trustee. Payment of the interest on this Bond will be made to the person whose name appears on the bond registration books of the Trustee as the Owner thereof as of the fifteenth day of the month immediately preceding an Interest Payment Date whether or not said day is a business day (the "Record Date"), such interest to be paid by check mailed on the Interest Payment Date to the Owner or, at the option of any Owner of at least $1,000,000 aggregate principal amount of Bonds and upon Exhibit A Page 1 written notice received by the Trustee prior to the Record Date, by wire transfer, at the Owner's address as it appears on such bond registration books or to such account as shall have been identified by the Owner in the notice requesting payment by wire transfer. Any such interest not so punctually paid or duly provided for shall forthwith cease to be payable to the Owner on such Record Date and shall be paid to the person in whose name the Bond is registered at the close of business on a special record date for the payment of such defaulted interest to be fixed by the Trustee, notice whereof being given to the Owners not less than ten (10) days prior to such special record date. Capitalized terms used herein and not otherwise defined are used with the meanings ascribed to them in the Indenture (as hereinafter defined). This Bond is one of a series of Bonds of various maturities designated as "Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A" (the "Bonds"), issued in the aggregate principal amount of $ , all of like tenor (except for such variations, if any, as may be required to designate varying numbers, maturities, interest rates or redemption provisions), issued under and pursuant to an Indenture of Trust (the "Indenture") by and between the Authority and the Trustee, dated as of August 1, 2017, approved by the Authority by Resolution No. , adopted by the Board of Directors of the Authority on July 18, 2017, under and pursuant to the provisions of Articles 1 through 4 (commencing with section 6500) of Chapter 5 of Division 7 of Title 1 of the California Government Code. A copy of the Indenture is on file at the office of the Trustee, and reference to the Indenture and any and all supplements thereto and modifications and amendments thereof and to the Bond Law is made for a description of the terms on which the Bonds are issued, the provisions with regard to the nature and extent of the Net Revenues, as that term is defined in the Indenture, and the rights of the Owners of the Bonds. All the terms of the Indenture and the Bond Law are hereby incorporated herein and constitute a contract between the Authority and the Owners from time to time of this Bond, and to all the provisions thereof the Owner of this Bond, by his acceptance hereof, consents and agrees. Each taker and subsequent Owner hereof shall have recourse to all of the provisions of the Bond Law and the Indenture and shall be bound by all of the terms and conditions thereof. The Bonds are issued to (a) refund, on an advance basis, the outstanding Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2009 Series A, and (b) pay the costs of issuance of the Bonds. The Bonds are payable from the net revenues (the "Net Revenues") of the City's combined water and sewer enterprise (the "Enterprise"), derived primarily from charges and revenues received by the Authority from or attributable to the lease and operation of the Enterprise, less the costs of the operation and maintenance of the Enterprise, and the Net Revenues are pledged, as a first and prior lien thereon, to pay the principal of and premium, if any, and interest on the Bonds, on the Authority's outstanding Lynwood Utility Authority Enterprise Revenue Bonds, 2008 Series A and Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2014 Series A, and any parity obligations hereafter issued or incurred by the Authority in accordance with the Indenture. Additional series of bonds payable from the Net Revenues may be issued on a parity with the Bonds, but only subject to the conditions and limitations contained in the Indenture. Exhibit A Page 2 The principal or redemption price of and interest on the Bonds are payable solely from the Net Revenues, and the Authority is not obligated to pay the Bonds except from the Net Revenues. The general fund of the Authority is not liable, and the full faith and credit or taxing power of the Authority is not pledged, for the payment of the principal or redemption price of and interest on the Bonds. The Bonds are not secured by a legal or equitable pledge of, or charge, lien or encumbrance upon, any of the property of the Authority or any of its income or receipts, except the Net Revenues. The Authority covenants that, so long as any of the Bonds are outstanding, it will fix, prescribe and collect charges so as to yield Net Revenues at least equal to the amounts thereof prescribed by the Indenture and sufficient to pay the principal or redemption price of and interest on the Bonds in accordance with the provisions of the Indenture. The Bonds shall be subject to redemption as set forth in the Indenture. As provided in the Indenture, notice of redemption shall be given by first class mail not less than thirty days prior to the redemption date to the respective registered Owners of the Bonds designated for redemption at their addresses appearing on the bond registration books, but no defect in the notice so mailed shall affect the sufficiency of the proceedings for redemption. If this Bond is called for redemption and payment is duly provided therefor as specified in the Indenture, interest shall cease to accrue hereon from and after the date fixed for redemption. If an Event of Default, as defined in the Indenture, shall occur, the principal of all Bonds may be declared due and payable upon the conditions, in the manner and with the effect provided in the Indenture, but such declaration and its consequences may be rescinded and annulled as further provided in the Indenture. This Bond is transferable, as provided in the Indenture, only upon the books of the Authority kept for that purpose at the office of the Trustee, by the Owner hereof in person, or by his attorney duly authorized in writing, upon the surrender of this Bond together with a written instrument of transfer satisfactory to the Trustee duly executed by the registered Owner or his attorney duly authorized in writing, and thereupon a new Bond or Bonds, without coupons, and in the same aggregate principal amount and of the same maturity, shall be issued to the transferee in exchange herefor, as provided in the Indenture, and upon the payment of charges, if any, including, after the first exchange, the cost of preparing new Bonds therein prescribed. The rights and obligations of the Authority and of the Owners of the Bonds may be modified or amended at any time in the manner, to the extent and upon the terms provided in the Indenture. No such modification or amendment shall permit a change in the terms of redemption or maturity of the principal of any outstanding Bond or of any installment of interest thereon or a reduction in the principal amount or the redemption price thereof or in the rate of interest thereon without the consent of the Owner of such Bond, or shall reduce the percentages or otherwise affect the classes of Bonds, the consent of the Owners of which is required to effect any such modification or amendment, all as more fully set forth in the Indenture. Exhibit A Page 3 It is hereby certified that all of the conditions, things and acts required to exist, to have happened or to have been performed precedent to and in the issuance of this Bond do exist, have happened or have been performed in due time, form and manner as required by law and that the amount of this Bond, together with all other indebtedness of the Authority, does not exceed any limit prescribed by the Constitution or laws of the State of California, and is not in excess of the amount of Bonds permitted to be issued under the Indenture. IN WITNESS WHEREOF, the Lynwood Utility Authority has caused this Bond to be executed in its name and on its behalf with the manual or facsimile signature of its Executive Director and the manual or facsimile signature of its Secretary and its seal to be reproduced hereon all as of the Bond Date stated above. ATTEST: LYNWOOD UTILITY AUTHORITY Executive Director Secretary TRUSTEE'S CERTIFICATE OF AUTHENTICATION This is one of the Bonds described in the within -mentioned Indenture, which has been authenticated and registered on THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee an Authorized Officer Exhibit A Page 4 ASSIGNMENT For value received the undersigned hereby sells, assigns and transfers unto whose address and social security or other tax identifying number is the within -mentioned Bond and hereby irrevocably constitute(s) and appoint(s) attorney, to transfer the same on the Bond registration books of the Trustee with full power of substitution in the premises. Dated: Signature Guaranteed: Notice: Signature guarantee shall be made by a Note: The signature(s) on this Assignment guarantor institution participating in the must correspond with the name(s) as written on Securities Transfer Agents Medallion Program the face of the within Bond in every particular or in such other guarantee program acceptable without alteration or enlargement or any to the Trustee. change whatsoever. Exhibit A Page 5 EXHIBIT B FORM OF INVESTOR LETTER Lynwood Utility Authority 11330 Bullis Road Lynwood, CA 90262 The Bank of New York Mellon Trust Company, N.A. 400 South Hope Street, 5h Floor Los Angeles, California 90071 Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A Ladies and Gentlemen: The undersigned (the "Purchaser"), being the purchaser of the above -referenced bonds (the "Bonds"), does hereby certify, represent and warrant for the benefit of the Lynwood Utility Authority (the "Authority") and The Bank of New York Mellon Trust Company, N.A., as trustee (the "Trustee") for the Bonds under that certain Indenture of Trust, dated as of August 1, 2017, by and between the Authority and the Trustee that: (a) The Purchaser is an "Approved Institutional Buyer." (b) The Purchaser has sufficient knowledge and experience in financial and business matters, including the purchase and ownership of tax-exempt obligations and is capable of evaluating the merits and risks of its investment in the Bonds. The Purchaser is able to bear the economic risk of, and an entire loss of, an investment in the Bonds. (c) The Purchaser is acquiring the Bonds solely for its own account for investment purposes, and does not presently intend to make a public distribution of, or to resell or transfer, all or any part of the Bonds. (d) The Purchaser understands that the Bonds have not been registered and will not be registered under the Securities Act of 1933 or under any state securities laws. The Purchaser agrees that it will comply with any applicable state and federal securities laws then in effect with respect to any disposition of the Bonds by it, and further acknowledges that any current exemption from registration of the Bonds does not affect or diminish such requirements. C-1 (e) The Purchaser is familiar with the conditions, financial and otherwise, of the Authority and understands that the Authority has no assets other than the Revenues for repayment of the Bonds. Further, the Purchaser understands that the Bonds involve a high degree of risk. Specifically, and without in any manner limiting the foregoing, the Purchaser understands and acknowledges that, among other risks, the Bonds are payable solely from the Revenues. The Purchaser has been provided an opportunity to ask questions of, and the Purchaser has received answers from, representatives of the Authority and the Trustee regarding the terms and conditions of the Bonds. The Purchaser has obtained all information requested by it in connection with the issuance of the Bonds as it regards necessary to evaluate all merits and risks of its investment in the Bonds. The Purchaser has reviewed the documents executed in conjunction with the issuance of the Bonds, including, without limitation, the Indenture. (f) The Purchaser is not now and has never been controlled by, or under common control with, the Authority. The Authority has never been and is not now controlled by the Purchaser. The Purchaser has entered into no arrangements with the Authority or with any affiliate in connection with the Bonds, other than as disclosed to the Authority. (g) The Purchaser has authority to purchase the Bonds and to execute this Investor Letter and any other instruments and documents required to be executed by the Purchaser in connection with the purchase of the Bonds. The undersigned is a duly appointed, qualified, and acting officer of the Purchaser and is authorized to cause the Purchaser to make the certifications, representations and warranties contained herein by execution of this letter on behalf of the Purchaser. (h) In entering into this transaction, the Purchaser has not relied upon any representations or opinions of the Authority or the Trustee relating to the legal consequences or other aspects of its investment in the Bonds, nor has it looked to, nor expected, the Authority to undertake or require any credit investigation or due diligence reviews relating to the Authority, its financial condition or business operations, or any other matter pertaining to the merits or risks of the transactions contemplated by the Indenture, or the adequacy of the Revenues pledged to secure repayment of the Bonds. (i) The Bonds shall be and are special obligations of the Authority and are secured by an irrevocable pledge of, and are payable as to principal, interest and premium, if any, from Revenues, and other funds as provided in the Indenture. The Bonds, interest and premium, if any, thereon are not a debt of the City of Lynwood (the "City"), the County of Los Angeles (the "County"), the State of California (the "State") or any of its political subdivisions (except the Authority), and none of the City, the County, the State nor any of its political subdivisions (except the Authority) is liable thereon. The Bonds, interest thereon and premium, if any, are not payable from any funds or properties other than those set forth in this Indenture. None of the members of the Authority Board, or any persons executing the Bonds is liable personally on the Bonds by reason of their issuance 0) The Purchaser has been informed that the Bonds (i) have not been and will not be registered or otherwise qualified for sale under the "Blue Sky" laws and regulations of any Exhibit B Page 1 jurisdiction, (ii) will not be listed on any stock or other securities exchange, and (iii) will carry no rating from any rating service. (k) The Purchaser acknowledges that it has the right to sell and transfer the Bonds, subject to compliance with the transfer restrictions set forth in the Indenture, including the requirement for the delivery to the Authority and the Trustee of an investor's letter in the same form as this Investor's Letter, including this paragraph. Failure to deliver such investor's letter shall cause the purported transfer to be null and void. The Purchaser agrees to indemnify and hold harmless the Authority with respect to any claim asserted against the Authority that arises with respect to any sale, transfer or other disposition of the Bonds by the Purchaser or any transferee thereof in violation of the provisions of the Indenture. (1) Neither the Trustee, Bond Counsel, the Authority, its members, its governing body, or any of its employees, counsel or agents will have any responsibility to the Purchaser for the accuracy or completeness of information obtained by the Purchaser from any source regarding the Authority or its financial condition or regarding the Bonds, the provision for payment thereof, or the sufficiency of any security therefor. No written information has been provided by the Authority to the Purchaser with respect to the Bonds. The Purchaser acknowledges that, as between the Purchaser and all of such parties, the Purchaser has assumed responsibility for obtaining such information and making such review as the Purchaser deemed necessary or desirable in connection with its decision to purchase the Bonds. The Purchaser acknowledges that the sale of the Bonds to the Purchaser is made in reliance upon the certifications, representations and warranties herein by the addressees hereto. Capitalized terms used herein and not otherwise defined have the meanings given such terms in the Indenture. as Purchaser By: _ Name: Title: Exhibit B Page 2 FIRST AMENDMENT TO INDENTURE OF TRUST between the LYNWOOD UTILITY AUTHORITY and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee RELATING TO THE $5,660,000 LYNWOOD UTILLITY AUTHORITY ENTERPRISE REFUNDING REVENUE BONDS, 2014 SERIES A Dated as of July 1, 2017 FIRST AMENDMENT TO INDENTURE OF TRUST This FIRST AMENDMENT TO INDENTURE OF TRUST, made and entered into as of July 1, 2017 (the "First Amendment"), between THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., a national banking association duly organized and existing under and by virtue of the laws of the United States, as trustee (the "Trustee"), and the LYNWOOD UTILITY AUTHORITY, a joint exercise of powers authority organized and existing under and by virtue of the laws of the State of California (the "Authority"); WITNESSETH WHEREAS, the Authority and the Trustee have previously entered into an Indenture of Trust, dated as of January 1, 2014 (the "Original Indenture"), pursuant to which the Authority issued its Enterprise Refunding Revenue Bonds, 2014 Series A; and WHEREAS, the Authority and the Trustee desire to enter into this First Amendment, pursuant to the provisions of Section 10.01 of the Original Indenture, in order to amend Sections 1.01, 5.02, 6.07 and 6.08 of the Original Indenture and to make other amendments in connection therewith. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the parties hereto hereby agree as follows: Section 1. Definitions. The terms set forth in this section shall have the meanings ascribed to them for all purposes of this First Amendment and the Original Indenture unless the context clearly indicates some other meaning. All other capitalized terms not defined herein shall have the meaning set forth in the Original Indenture. "Additional Revenues" means, with respect to the issuance of any Bonds or Parity Obligations, an allowance for Net Revenues (i) arising from any increase in the charges made for service from the Enterprise adopted prior to the incurring of such Bonds or Parity Obligations and effective within eighteen (18) months following the date of incurring such Bonds or Parity Obligations, in an amount equal to the total amount by which the Net Revenues would have been increased if such increase in charges had been in effect during the whole of the most recent completed Fiscal Year or during any more recent twelve (12) month period selected by the Authority, and (ii) arising from any increase in service connections to the Enterprise prior to the incurring of such Bonds or Parity Obligations, in an amount equal to the total amount by which the Net Revenues would have been increased if such connections had been in existence during the whole of the most recent completed Fiscal Year or during any more recent twelve (12) month period selected by the Authority, all as shown by the certificate or opinion of an Independent Financial Consultant. "First Amendment" means this First Amendment to Indenture of Trust, dated as of July 1, 2017, between the Authority and the Trustee. "Governmental Loan" means a loan from the State or the United States of America, acting through any of its agencies, to finance improvements to the Enterprise, and the obligation of the Authority to make payments to the State or the United States of America under the loan agreement memorializing said loan on a parity basis with the payment of Debt Service payments. "Indenture" means, collectively, the Original Indenture and this First Amendment as each are defined herein. "Independent Financial Consultant" means any financial consultant or firm of such consultants of national reputation generally recognized to be well qualified in financial matters relating to systems similar to the Enterprise, appointed and paid by the Authority, and who, or each of whom -- is in fact independent and not under the control of the Authority; 2. does not have a substantial financial interest, direct or indirect, in the Authority; and 3. is not connected with the Authority as a board member, officer or employee of the Authority or City; but may be regularly retained to make reports to the Authority or City. "Rate Stabilization Fund" means the fund of that name established by the Authority pursuant to Section 5 hereof. Section 2. Rules of Construction. Except where the context otherwise requires, words importing the singular number shall include the plural number and vice versa, and words importing persons shall include firms, associations and corporations. Section 3. Conditions Precedent Satisfied. All acts, conditions and things required by law to exist, happen and be performed precedent to and in connection with the execution and entering into of this First Amendment have happened and have been performed in regular and due time, form and manner as required by law. Section 4. Due Authorization and Execution. Each of the parties hereby represents and warrants that it has full legal authority and is duly empowered to enter into this First Amendment, and has taken all actions necessary to authorize the execution and delivery of this Amendment. Section 5. Rate Stabilization Fund. There is hereby established a special fund designated as the "Rate Stabilization Fund" to be held by the Authority in trust for the benefit of the Owners of the Bonds, which fund the Authority agrees and covenants to maintain and to hold separate and apart from other funds so long as any Bonds remain unpaid. Money transferred by Authority from the Revenue Fund to the Rate Stabilization Fund in accordance with Section 5.02 of the Original Indenture shall be held in the Rate Stabilization Fund and applied in accordance with the Indenture. 2 The Authority may withdraw all or any portion of the amounts on deposit in the Rate Stabilization Fund and transfer such amounts to the Revenue Fund for application in accordance with Section 5.02 of the Original Indenture or, in the event that all or a portion of the Bonds are discharged in accordance with Article XI of the Original Indenture, transfer all or any portion of such amounts for application in accordance with said Article XI. Amounts transferred from the Rate Stabilization Fund to the Revenue Fund pursuant to this Section 5 during or within 270 days after a Fiscal Year, may be taken into account as Revenues for purposes of the calculations in Section 6.07 of the Original Indenture in such Fiscal Year. Section 6. Amendment to Section 1.01 of the OrijZinal Indenture. The definition of "Revenues" in Section 1.01 of the Original Indenture is hereby amended in its entirety to read as follows: "`Revenues" means all revenues, income, rents, fees, charges, rates and other moneys and receipts derived or to be derived by the Authority from or attributable to the lease and operation of the Enterprise including, without limiting the generality of the foregoing, (i) all revenues attributable to the Enterprise or to the payment of the costs thereof received or to be received by the Authority under any contract for service from the Enterprise or any part thereof or any contractual arrangement, with respect to the use of the Enterprise or any portion thereof or the services or capacity thereof, (ii) the proceeds of any standby water availability charges or connection fees collected by the Authority or the City, (iii) the proceeds of any insurance covering business interruption loss relating to the Enterprise, and (iv) investment income earned on any moneys or securities deposited in any accounts to secure or provide for the payment of debt service on obligations issued or incurred by the Authority and secured by Net Revenues, and interest received on any invested moneys of the Enterprise, but excluding any proceeds of taxes restricted by law to be used by the Authority to pay bonds hereafter issued and any state and federal grants received by the Authority. Revenues shall also be increased by the amounts, if any, transferred during such Fiscal Year or other period from the Rate Stabilization Fund to the Revenue Fund and shall be decreased by the amounts, if any, transferred during such Fiscal Year or other period from the Revenue Fund to the Rate Stabilization Fund, pursuant to Section 5 of the First Amendment." Section 7. Receipt, Deposit and Application of Revenues and Net Revenues; Rate Stabilization Fund. Section 5.02 of the Original Indenture is hereby amended in its entirety to read as follows: "Section 5.02. Receipt, Deposit and Application of Revenues and Net Revenues; Rate Stabilization Fund. (a) Application of Revenues. All of the Revenues shall be deposited by the Authority, immediately upon receipt in the Revenue Fund. All Revenues shall be held in trust by the Authority in the Revenue Fund and shall be applied, transferred, used and withdrawn only for the following purposes. Additionally, amounts may, from time to time as the Authority deems necessary or appropriate, be transferred from the Rate Stabilization Fund and deposited in the Revenue Fund, as provided in Section 3.06 of the Original Indenture. 3 (i) Operation and Maintenance Costs. The Authority shall first pay from the moneys in the Revenue Fund the budgeted Operation and Maintenance Costs as such Operation and Maintenance Costs become due and payable. (ii) Payment of Debt Service. On or before the 15th day of each May and November, the City, on behalf of the Authority, shall withdraw from the Revenue Fund and (A) transfer to the Trustee, for deposit in a special fund designated as the "Bond Fund" which is hereby established and which shall be held in trust, an amount which, together with the balance then on deposit in the Bond Fund, the Interest Account and the Principal Account (other than amounts required for payment of principal of or interest on any Bonds which have matured or been called for redemption but which have not been presented for payment), that is equal to the aggregate amount of principal of and interest coming due and payable on the Bonds on the next succeeding Interest Payment Date and (B) transfer to the trustee for the Parity Obligations an amount equal to the aggregate amount of principal of and interest coming due and payable on any Parity Obligations on the next succeeding Interest Payment Date. (iii) Reserve Account. After making the payments, allocations and transfers provided for in subparagraphs (i) and (ii) above, (A) if the balance in the Reserve Account is less than the Reserve Requirement, the notice of which deficiency shall have been given by the Trustee to the Authority, or (B) if the balance in a bond reserve account established for any Parity Obligations is less than the bond reserve requirement established for such Parity Obligations, the notice of which deficiency shall have been given to the Authority, or (C) if any reserve surety bond for the Bonds or for any Parity Obligations has been drawn upon to make delinquent payments, the notice of which deficiency shall have been given to the Authority, the deficiency shall be restored by transfers from the first moneys which become available in the Revenue Fund to the Trustee for deposit in the Reserve Account and for deposit in the bond reserve account established for such Parity Obligations, such transfers to be made no less than semiannually. (iv) Surplus/Rate Stabilization Fund. As long as all of the foregoing payments, allocations and transfers are made at the times and in the manner set forth above in subsections (ii) and (iii), inclusive, any moneys remaining in the Revenue Fund may at any time be treated as surplus and applied for any lawful purpose. The Authority may maintain and hold a separate fund to be known as the "Rate Stabilization Fund." From time to time the Authority may deposit in the Rate Stabilization Fund, from remaining Net Revenues described in this subsection (iv) or other available funds of the Authority, such amounts as the Authority shall determine. The Authority may withdraw amounts from the Rate Stabilization Fund (i) for transfer to the Revenue Fund for inclusion in Revenues for any Fiscal Year, or (ii) for any other lawful use of the Authority. All interest or other earnings upon deposits in the Rate Stabilization Fund shall be withdrawn therefrom and accounted for as Revenues. (b) Application of Net Revenues. On or before the Business Day preceding each Interest Payment Date, the Trustee shall transfer from the Bond Fund and deposit into the 0 following respective accounts (each of which the Trustee shall establish and maintain within the Bond Fund), the following amounts, in the following order of priority, the requirements of each such account (including the making up of any deficiencies in any such account resulting from lack of Net Revenues sufficient to make any earlier required deposit) at the time of deposit to be satisfied before any transfer is made to any account subsequent in priority: First: to the Interest Account, the aggregate amount of interest becoming due and payable on the next succeeding Interest Payment Date on all Bonds then Outstanding; Second: to the Principal Account, the aggregate amount of principal becoming due and payable on the Outstanding Bonds on the next succeeding Interest Payment Date, if any; and Third: to the Reserve Account, the aggregate amount of each prior withdrawal from the Reserve Account for the purpose of making up a deficiency in the Interest Account or Principal Account; provided that no deposit need be made into the Reserve Account so long as the balance in said account shall be at least equal to the Reserve Requirement." Section 8. Rates and CharlZes. Section 6.07 of the Original Indenture is hereby amended in its entirety to read as follows: "Section 6.07. Rates and Charges. (a) The Authority covenants to fix, prescribe, revise and collect rates, fees and charges for the Enterprise as a whole for the services and improvements furnished by the Enterprise during each Fiscal Year which are at least sufficient, after making allowances for contingencies and error in the estimates, to yield Revenues that are sufficient to pay the following amounts in the following order of priority: (i) all anticipated Operation and Maintenance Costs of the Enterprise for such Fiscal Year; (ii) Debt Service payments on the Bonds and on any Parity Obligations as they become due and payable during such Fiscal Year, without preference or priority, except to the extent such Debt Service payments are payable from the proceeds of the Bonds or Parity Obligations or from any other source of legally available funds of the Authority that have been deposited with the Trustee for purposes prior to the commencement of such Fiscal Year; (iii) the amount, if any, required to restore the balance in the Reserve Account, and in any reserve account established for Parity Obligations, to the full amount of the Reserve Requirement and the reserve requirement with respect to any such Parity Obligations; and k, (iv) all other payments required to meet any other obligations of the Authority which are charges, liens, encumbrances upon the Revenues or Net Revenues during such Fiscal Year. (b) To the fullest extent permitted by law, the Authority will fix, prescribe, revise and collect, or cause to be fixed, prescribed, revised and collected, rates, fees and charges for the services and improvements furnished by the Enterprise which are reasonably expected to be at least sufficient to yield during each Fiscal Year Net Revenues equal to 125% of Debt Service payments on the Bonds and Parity Obligations for such Fiscal Year. The Authority may make adjustments from time to time in such rates and charges and may make such classifications thereof as it deems necessary, but shall not reduce the rates and charges then in effect unless the Net Revenues from such reduced rates and charges are reasonably expected to be sufficient to meet the requirements of this Section. (c) So long as the Authority has complied with its obligations set forth in subsection (b) above, the failure of Net Revenues to meet the threshold set forth in Section 6.07(b) above at the end of a Fiscal Year shall not constitute a default or an Event of Default so long as the Authority has complied with Section 6.07(b) at the commencement of the succeeding Fiscal Year." Section 9. Limitations on Future Obligations Secured by Net Revenues, Section 6.08 of the Original Indenture is hereby amended in its entirety to read as follows: "Section 6.08. Limitations on Future Obligations Secured by Net Revenues. (a) No Obligations Superior to Bonds or Parity Obligations. In order to protect further the availability of the Net Revenues and the security for the Bonds and any Parity Obligations, the Authority covenants that no additional bonds or other indebtedness will be issued or incurred on a senior basis to the Bonds or such Parity Obligations that are payable out of the Net Revenues in whole or in part. (b) Parity Obligations. The Authority may issue or incur Parity Obligations during the term of the Bonds if: (i) The Authority is not in default under the terms of this Indenture unless such default shall be cured simultaneously with the issuance of such Parity Obligations; and (ii) The Authority obtains or provides a certificate prepared by an Independent Accountant or Independent Financial Consultant showing that the Net Revenues as shown by the books of the Authority or City for any 12 consecutive calendar months during the 18 calendar month period ending prior to the incurring of such Parity Obligations shall have amounted to at least 125% of the Maximum Aggregate Annual Debt Service for all Bonds and Parity Obligations to be outstanding immediately after incurring such additional Parity Obligations. 0 For purposes of preparing the certificate described in subsection (ii), as set forth above, the Independent Accountant or Independent Financial Consultant may rely upon financial statements prepared by the Authority or City, which have not been subject to audit by an independent certified public accountant if audited financial statements for the Fiscal Year or period are not available. For purposes of demonstrating compliance with the foregoing, Net Revenues may be adjusted (at the option of the Authority) to include the Additional Revenues. If interest on any Parity Obligation is reasonably anticipated to be reimbursed to or on behalf of the Authority by the United States of America, then interest payments with respect to such Parity Obligations shall be excluded by the amount of such interest reasonably anticipated to be paid or reimbursed by the United States of America, and such reimbursements will not be included as Revenues for purposes of the coverage calculations required in subsection (b)(ii) above. The provisions of subsection (b)(ii) of this Section shall not apply to any Parity Obligations if all of the proceeds of which (other than proceeds applied to pay costs of issuing such Parity Obligations and to make a reserve fund deposit) shall be deposited in an irrevocable escrow held in cash or invested in Federal Securities for the purpose of paying the principal of and interest and premium (if any) on any Outstanding Bonds or on any outstanding Parity Obligations, if (i) at the time of the incurring of such Parity Obligations, the City certifies in writing that Maximum Aggregate Annual Debt Service on such Parity Obligations will not exceed Maximum Aggregate Annual Debt Service on the Outstanding Bonds or Parity Obligations to be refunded, and (ii) the final maturity of such Parity Obligations is not later than the final maturity of the refunded Bonds or Parity Obligations. In order to maintain the parity relationship of the Debt Service payments to all Parity Obligations permitted hereunder, the Authority covenants that all payments in the nature of principal and interest or reserve account replenishment with respect to any Parity Obligations, except with respect to Governmental Loans, will be structured to occur semi-annually on the Record Dates and in each year as such payments are due with respect to the Debt Service payments, and reserve account replenishment with respect to any Parity Obligations, except with respect to Governmental Loans, will be structured to occur monthly, and to otherwise structure the terms of such Parity Obligations to ensure that they are in all respects payable on a parity with the Debt Service payments and not prior thereto; provided that the Authority shall not make a payment on such Govermnental Loan to the extent it would have the effect of causing the Authority to fail to pay Debt Service payments of the Bonds or Parity Obligations on a timely basis. In such event, the Authority shall make Debt Service payments and payments on such Governmental Loan on a pro rata basis. Subordinate Obligations. Additional obligations may be issued on a basis subordinate to the Bonds and Parity Obligations." Section 10. Effectiveness. This First Amendment shall become effective upon its execution and delivery. 7 Section 11. Governing Law. This First Amendment shall be governed by the laws of the state of California Section 12. Counterparts. This First Amendment may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same agreement. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date and year first above written. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee in Authorized Officer LYNWOOD UTILITY AUTHORITY ME Executive Officer The undersigned hereby certifies that it is the 100% holder of the Bonds and hereby approves this First Amendment: WAB INVESTMENTS, INC., a wholly- owned subsidiary of Western Alliance Bank, an Arizona Corporation Authorized Officer ESCROW DEPOSIT AND TRUST AGREEMENT by and between the LYNWOOD UTILITY AUTHORITY and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Escrow Bank Dated as of August 1, 2017 Relating to $5,735,000 Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2009 Series A ESCROW DEPOSIT AND TRUST AGREEMENT This ESCROW DEPOSIT AND TRUST AGREEMENT is dated as of August 1, 2017, by and between the LYNWOOD UTILITY AUTHORITY, a joint exercise of powers authority organized and existing under the constitution and laws of the State of California (the "Authority"), and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., a national banking association organized and existing under the laws of the United States of America, as Escrow Bank (the "Escrow Bank"); WITNESSETH: WHEREAS, the Lynwood Utility Authority (the "Authority") has heretofore authorized, issued and $5,735,000 principal amount of its Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2009 Series A, of which $ remains outstanding (the "2009 Bonds"), for the purpose of refunding the Lynwood Public Financing Authority Water Revenue Bonds (Water System Improvement Project), Series 1999; WHEREAS, the 2009 Bonds were issued under and pursuant to an Indenture of Trust, dated as of May 1, 2009 (the "2009 Indenture"), by and between the Authority and The Bank of New York Mellon Trust Company, N.A., as trustee (the "2009 Trustee"); WHEREAS, the payment of debt service on the 2009 Bonds was secured by a pledge of the net revenues derived from the operation by the City of its combined water and sewer system (the "Enterprise"); WHEREAS, the Authority is authorized pursuant to the provisions of section 6546 of the Act (the "Bond Law"), to issue its revenue bonds (the "Bonds") for the purpose of financing facilities for the production, storage, transmission, or treatment of water or waste water; WHEREAS, the Authority, after due investigation and deliberation, has determined that it is in the interests of the Authority at this time to provide for the issuance of Bonds under the Bond Law to, among other things, refund the 2009 Bonds and, to that end, the Board of Directors of the Authority, on July 18, 2017, adopted its Resolution No. approving and authorizing the issuance of its Lynwood Utility Authority Enterprise Refunding Revenue Bonds, 2017 Series A (the "2017 Bonds") for such purposes pursuant to an Indenture of Trust, dated as of August 1, 2017 (the "Indenture"), by and between the Authority and The Bank of New York Mellon Trust Company, N.A., as trustee (the "Trustee"), WHEREAS, the 2009 Indenture provides that in the event that the Authority deposits, or causes the deposit on its behalf of, with the 2009 Trustee, in trust, at or before maturity, money or direct and general obligations of the United States of America, or those which are unconditionally guaranteed as to principal and interest by the same (the "Defeasance Obligations"), the principal of and interest on which when due will provide money sufficient to pay the principal or redemption price of and all unpaid interest to maturity, or to the redemption date, as the case may be, on the 2009 Bonds to be paid or redeemed, then the 2009 Indenture and the pledge of Revenues (as defined in the 2009 Indenture) and other assets made under the 2009 Indenture and all covenants, agreements and other obligations of the Authority under the 2009 Indenture shall cease, terminate, become void and be completely discharged and satisfied; WHEREAS, the Authority proposes to make the deposit of money or Defeasance Obligations and to appoint the Escrow Bank as its agent for the purpose of applying said deposit to the payment of the principal of, interest on and redemption premium due with respect to the 2009 Bonds in accordance with the instructions provided by this Escrow Deposit and Trust Agreement, and the Escrow Bank desires to accept said appointment; WHEREAS, the Authority wishes to make such a deposit with the Escrow Bank and to enter into this Escrow Deposit and Trust Agreement for the purpose of providing the terms and conditions for the deposit and application of amounts so deposited; and WHEREAS, the Escrow Bank has full powers to act with respect to the irrevocable escrow and trust created herein and to perform the duties and obligations to be undertaken pursuant to this Escrow Deposit and Trust Agreement. NOW, THEREFORE, in consideration of the above premises and of the mutual promises and covenants herein contained and for other valuable consideration, the parties hereto do hereby agree as follows: Section 1. Definition of Defeasance Obligations. As used herein, the term "Defeasance Obligations" shall mean direct and general obligations of the United States of America, or those which are unconditionally guaranteed as to principal and interest by the same. Section 2. Appointment of Escrow Bank. The Authority hereby appoints the Escrow Bank as escrow bank for all purposes of this Escrow Deposit and Trust Agreement and in accordance with the terms and provisions of this Escrow Deposit and Trust Agreement, and the Escrow Bank hereby accepts such appointment. Section 3. Establishment of 2009 Escrow Fund. There is hereby created by the Authority with, and to be held by, the Escrow Bank, as security for the payment of the principal of, interest on and redemption premium due with respect to the 2009 Bonds as hereinafter set forth, an irrevocable escrow to be maintained in trust by the Escrow Bank on behalf of the Authority and for the benefit of the owners of the 2009 Bonds, said escrow to be designated the "2009 Escrow Fund." All moneys and Defeasance Obligations deposited in the 2009 Escrow Fund shall be held as a special fund for the payment of the principal of, interest on and redemption premium due with respect to the 2009 Bonds in accordance with the provisions of the 2009 Indenture. If at any time the Escrow Bank shall receive actual knowledge that the moneys and Defeasance Obligations in the 2009 Escrow Fund will not be sufficient to make any payment required by Section 5 hereof, the Escrow Bank shall notify the Authority of such fact and the Authority shall immediately cure such deficiency or cause such deficiency to be cured. Section 4. Deposit into 2009 Escrow Fund; Investment of Amounts. Concurrently with delivery of the 2017 Bonds, the Authority shall cause to be transferred to the Escrow Bank 2 for deposit into the 2009 Escrow Fund the amount of in immediately available funds, derived as follows: (a) from the proceeds of sale of the 2017 Bonds in the amount of $ , and (b) from various funds and accounts established pursuant to the 2009 Indenture (the "Prior Funds") in the amount of $ The Escrow Bank shall invest $ of the moneys deposited into the 2009 Escrow Fund pursuant to the preceding paragraph in the Defeasance Obligations set forth in Exhibit A attached hereto and by this reference incorporated herein (the "Escrowed Defeasance Obligations") and shall hold the remaining amount ($, in cash, uninvested. The Escrowed Defeasance Obligations shall be deposited with and held by the Escrow Bank in the 2009 Escrow Fund solely for the uses and purposes set forth herein. The Escrow Bank shall not be liable or responsible for any loss resulting from any reinvestment made pursuant to this Escrow Deposit and Trust Agreement and in full compliance with the provisions hereof. The Escrow Bank may conclusively rely upon the verification report by , dated as to the sufficiency of the funds to make the payments required for a full redemption of the outstanding 2009 Bonds. Section 5. Instructions as to Application of Deposit. The Authority hereby irrevocably directs and instructs the Escrow Bank to apply the maturing principal amount of the Escrowed Defeasance Obligations and cash to pay all of the principal and interest with respect to the 2009 Bonds as the same shall become due and payable to and including June 1, 2019, and upon call and redemption of the 2009 Bonds prior to maturity on June 1, 2019, as more particularly set forth in Exhibit B attached hereto and hereby made a part hereof. For such purpose of call and redemption prior to maturity, the Authority hereby instructs the Escrow Bank, as 2009 Trustee, and the Escrow Bank, as 2009 Trustee, hereby agrees to give notice of redemption of the 2009 Bonds, such notice of redemption to be given timely for redemption of the 2009 Bonds on June 1, 2019, in accordance with the applicable provisions of the 2009 Indenture. The Authority hereby irrevocably instructs the Escrow Bank to file on the Municipal Securities Rulemaking Board's Electronic Municipal Market Access system ("EMMA") (i) the notice of redemption no later than 10 days after the 2009 Bonds are called for redemption, and (ii) the notice in the form attached hereto as Exhibit C no later than 10 days after the deposit of the moneys as set forth in Section 4 hereof. Section 6. Investment of Any Remaining Moneys. At the written direction of the Authority Treasurer received at least two (2) Business Days in advance, the Escrow Bank shall invest and reinvest the proceeds received from any of the Escrowed Defeasance Obligations originally deposited into the 2009 Escrow Fund for a period ending not later than the next succeeding interest payment date relating to the 2009 Bonds, in Defeasance Obligations; provided, however, that (a) such written directions of the Authority Treasurer shall be accompanied by (i) the opinion of an independent certified public accountant or firm of certified 3 public accountants of favorable national reputation experienced in the refunding of obligations of political subdivisions, that amounts in the 2009 Escrow Fund after such investment, together with interest to be derived therefrom, shall be in an amount at all times at least sufficient to make the payments specified in Section 5 hereof, and (ii) an opinion of nationally recognized bond counsel ("Bond Counsel") that investment in accordance with such directions will not affect, for federal income tax purposes, the exclusion from gross income of interest due with respect to the 2009 Bonds or the 2017 Bonds, and (b) if the Authority Treasurer directs such investment or reinvestment to be made in United States Treasury Securities—State and Local Government Series, the Authority shall, at its cost, cause to be prepared and delivered all necessary subscription fonns therefor to enable the Escrow Bank to acquire such securities not less than fifteen (15) Business Days prior to the date of making such investment. In the event that the Authority Treasurer shall fail to file any such written directions with the Escrow Bank concerning the reinvestment of any such proceeds, such proceeds shall be held uninvested by the Escrow Bank. Any interest income resulting from investment or reinvestment of moneys pursuant to this Section 6 and not, in the opinion of an independent certified public accountant or firm of certified public accountants of favorable national reputation experienced in the refunding of obligations of political subdivisions, required for the purposes set forth in Section 5 shall be transferred to the Trustee for deposit in the Revenue Fund created under the Indenture and applied to the payment of the 2017 Bonds as the same shall become due. Section 7. Substitution or Withdrawal of Defeasance Obli atg ions. The Authority may, at any time, direct the Escrow Bank in writing to substitute Defeasance Obligations for any or all of the Escrowed Defeasance Obligations then deposited in the 2009 Escrow Fund, or to withdraw and transfer to the Authority any portion of the Defeasance Obligations then deposited in the 2009 Escrow Fund, provided that any such direction and substitution or withdrawal shall be simultaneous with, and shall be accompanied by: (a) a certification of an independent certified public accountant or firm of certified public accountants of favorable national reputation experienced in the refunding of obligations of political subdivisions that the Defeasance Obligations then to be so deposited in the 2009 Escrow Fund together with interest to be derived therefrom, or in the case of withdrawal the Defeasance Obligations to be remaining in the 2009 Escrow Fund following such withdrawal together with the interest to be derived therefrom, shall be in an amount at all times at least sufficient to make the payments specified in Section 5 hereof; and (b) an opinion of Bond Counsel that the substitution or withdrawal will not affect, for Federal income tax purposes, the exclusion from gross income of interest due with respect to the 2009 Bonds or the 2017 Bonds. In the event that, following any such substitution of Defeasance Obligations pursuant to this Section 7, there is an amount of moneys or Defeasance Obligations in excess of an amount necessary to make the payments required by Section 5 hereof, such excess shall be transferred to the Trustee for deposit in the Revenue Fund created under the Indenture and applied to the payment of the 2017 Bonds as the same shall become due. Section 8. Application of Prior Funds. On the date of original delivery of the 2017 Bonds and the deposit of a portion of the proceeds thereof in the 2009 Escrow Fund pursuant to Section 4, the Escrow Bank, as 2009 Trustee, is hereby directed to withdraw all amounts on deposit in the Prior Funds and transfer such sum to the 2009 Escrow Fund. Any amounts remaining in any other fund or account created with respect to the 2009 Bonds, including interest earnings received by the 2009 Trustee, shall, after payment of all fees and expenses of the 2009 0 Trustee, be transferred to the Trustee for deposit in the Revenue Fund created under the Indenture and applied to the payment of the 2017 Bonds as the same shall become due. Section 9. Application of Certain Terms of 2009 Indenture. All of the terms of the 2009 Indenture relating to the making of payments of principal and interest with respect to the 2009 Bonds are incorporated in this Escrow Deposit and Trust Agreement as if set forth in full herein. The provisions of the 2009 Indenture relating to the indemnifications, limitations from liability and protections afforded the 2009 Trustee and the resignation and removal of the 2009 Trustee are also incorporated in this Escrow Deposit and Trust Agreement as if set forth in full herein and shall be the procedure to be followed with respect to any resignation or removal of the Escrow Bank hereunder. Section 10. Compensation to Escrow Bank. The Authority shall pay the Escrow Bank full compensation for its duties under this Escrow Deposit and Trust Agreement, including out- of-pocket costs such as publication costs, prepayment or redemption expenses, legal fees and other costs and expenses relating hereto and, in addition, fees, costs and expenses relating to the purchase of any Defeasance Obligations after the date hereof, pursuant to a separate agreement between the Authority and the Escrow Bank. Under no circumstances shall amounts deposited in the 2009 Escrow Fund be deemed to be available for said purposes. The Escrow Bank acknowledges that it has no lien on or right of setoff with respect to moneys in the 2009 Escrow Fund. Section 11. Liabilities and Obligations of Escrow Bank. The Escrow Bank shall have no obligation to make any payment or disbursement of any type or incur any financial liability in the performance of its duties under this Escrow Deposit and Trust Agreement unless the Authority shall have deposited sufficient funds with the Escrow Bank. The Escrow Bank may rely and shall be protected in acting upon the written instructions of the Authority or its agents relating to any matter or action as Escrow Bank under this Escrow Deposit and Trust Agreement. The Escrow Bank undertakes such duties as specifically set forth herein and no implied duties or obligations shall be read into this Escrow Deposit and Trust Agreement against the Escrow Bank. The Authority hereby assumes liability for, and hereby agrees (whether or not any of the transactions contemplated hereby are consummated) to indemnify, protect, save and hold harmless the Escrow Bank and its respective successors, assigns, agents and servants from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, expenses and disbursements (including legal fees and disbursements) of whatsoever kind and nature which may be imposed on, incurred by, or asserted against, at any time, the Escrow Bank (whether or not also indemnified against by any other person under any other agreement or instrument) and in any way relating to or arising out of the execution and delivery of this Escrow Deposit and Trust Agreement, the establishment of the 2009 Escrow Fund, the retention of the moneys therein and any payment, transfer or other application of moneys or securities by the Escrow Bank in accordance with the provisions of this Escrow Deposit and Trust Agreement, or as may arise by reason of any act, omission or error of the Escrow Bank made in good faith in the conduct of its duties under this Escrow Deposit and Trust Agreement; provided, however, that the Authority shall not be required to indemnify the Escrow Bank against its own negligence 5 or misconduct. The indemnities contained in this Section 11 shall survive the termination of this Escrow Deposit and Trust Agreement and the resignation or removal of the Escrow Bank. The Escrow Bank shall not have any liability hereunder except to the extent of its own negligence or willful misconduct. In no event shall the Escrow Bank be liable for any special indirect or consequential damages. The Escrow Bank may consult with counsel of its own choice and the opinion of such counsel shall be full and complete authorization to take or suffer in good faith any action hereunder in accordance with such opinion of counsel. The Escrow Bank shall not be responsible for any of the recitals or representations contained herein. The Escrow Bank may at any time resign by giving written notice to the Authority of such resignation. The Authority shall promptly appoint a successor Escrow Bank by the resignation date. Resignation of the Escrow Bank will be effective upon acceptance of appointment by a successor Escrow Bank. If the Authority does not appoint a successor, the Escrow Bank may petition any court of competent jurisdiction for the appointment of a successor Escrow Bank, which court may thereupon, after such notice, if any, as it may deem proper and prescribe and as may be required by law, appoint a successor Escrow Bank. The Authority acknowledges that to the extent regulations of the Comptroller of the Currency or other applicable regulatory entity grant the Authority the right to receive brokerage confirmations of security transactions as they occur, the Authority specifically waives receipt of such confirmations to the extent permitted by law. The Escrow Bank will furnish the Authority periodic cash transaction statements which include detail for all investment transactions made by the Escrow Bank hereunder. If the Escrow Bank learns that the Department of the Treasury or the Bureau of Public Debt will not, for any reason, accept a subscription of Escrow Securities that is to be submitted pursuant to this Escrow Deposit and Trust Agreement, the Escrow Bank shall promptly request alternative written investment instructions from the Authority with respect to escrowed funds which were to be invested in securities. The Escrow Bank shall follow such instructions and, upon the maturity of any such alternative investment, the Escrow Bank shall hold funds uninvested and without liability for interest until receipt of further written instructions from the Authority. In the absence of investment instructions from the Authority, the Escrow Bank shall not be responsible for the investment of such funds or interest thereon. The Escrow Bank may conclusively rely upon the Authority's selection of an alternative investment as a determination of the alternative investment's legality and suitability and shall not be liable for any losses related to the alternative investments or for compliance with any yield restriction applicable thereto. The Escrow Bank shall have the right to accept and act upon instructions, including funds transfer instructions ("Instructions") given pursuant to this Escrow Deposit and Trust Agreement and delivered using Electronic Means ("Electronic Means" shall mean the following communications methods: e-mail, facsimile transmission, secure electronic transmission containing applicable authorization codes, passwords and/or authentication keys issued by the Escrow Bank, or another method or system specified by the Escrow Bank as available for use in connection with its services hereunder); provided, however, that the Authority shall provide to the Escrow Bank an incumbency certificate listing officers with the authority to provide such Instructions ("Authorized Officers") and containing specimen signatures of such Authorized Officers, which incumbency certificate shall be amended by the Authority whenever a person is to be added or deleted from the listing. If the Authority elects to give the Escrow Bank Instructions using Electronic Means and the Escrow Bank in its discretion elects to act upon such Instructions, the Escrow Bank's understanding of such Instructions shall be deemed controlling. The Authority understands and agrees that the Escrow Bank cannot determine the identity of the actual sender of such Instructions and that the Escrow Bank shall conclusively presume that directions that purport to have been sent by an Authorized Officer listed on the incumbency certificate provided to the Escrow Bank have been sent by such Authorized Officer. The Authority shall be responsible for ensuring that only Authorized Officers transmit such Instructions to the Escrow Bank and that the Authority and all Authorized Officers are solely responsible to safeguard the use and confidentiality of applicable user and authorization codes, passwords and/or authentication keys upon receipt by the Authority. The Escrow Bank shall not be liable for any losses, costs or expenses arising directly or indirectly from the Escrow Bank's reliance upon and compliance with such Instructions notwithstanding such directions conflict or are inconsistent with a subsequent written instruction. The Authority agrees: (i) to assume all risks arising out of the use of Electronic Means to submit Instructions to the Escrow Bank, including without limitation the risk of the Escrow Bank acting on unauthorized Instructions, and the risk of interception and misuse by third parties; (ii) that it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to the Escrow Bank and that there may be more secure methods of transmitting Instructions than the method(s) selected by the Authority; (iii) that the security procedures (if any) to be followed in connection with its transmission of Instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances; and (iv) to notify the Escrow Bank immediately upon learning of any compromise or unauthorized use of the security procedures. No provision of this Escrow Deposit and Trust Agreement shall require the Escrow Bank to expend or risk its own funds or otherwise incur any financial liability in the performance or exercise of any of its duties hereunder, or in the exercise of its rights or powers. The Escrow Bank may execute any of the trusts or powers hereunder or perform any duties hereunder either directly or by or through agents, attorneys, custodians or nominees appointed with due care, and shall not be responsible for any willful misconduct or negligence on the part of any agent, attorney, custodian or nominee so appointed. The Escrow Bank shall not be responsible for any of the recitals or representations contained herein. Section 12. Amendment. This Escrow Deposit and Trust Agreement may be modified or amended at any time by a supplemental agreement which shall become effective when the written consents of the owners of one hundred percent (100%) in aggregate principal amount of the 2009 Bonds then outstanding shall have been filed with the Escrow Bank. This Escrow 7 Deposit and Trust Agreement may be modified or amended at any time by a supplemental agreement, without the consent of any such owners, but only (1) to add to the covenants and agreements of any party, other covenants to be observed, or to surrender any right or power herein or therein reserved to the Authority, (2) to cure, correct or supplement any ambiguous or defective provision contained herein, (3) in regard to questions arising hereunder or thereunder, as the parties hereto or thereto may deem necessary or desirable and which, in the opinion of counsel, shall not adversely affect the interests of the owners of the 2009 Bonds or the 2017 Bonds, and that such amendment will not cause interest on the 2009 Bonds or the 2017 Bonds to become subject to federal income taxation. Section 13. Termination; Unclaimed Money. This Escrow Deposit and Trust Agreement shall terminate when the principal of and interest on all 2009 Bonds have been paid; provided, however, that money held by the Escrow Bank pursuant to this Escrow Agreement for the payment and discharge of any of the 2009 Bonds (which shall not be payable as to interest from and after the date set for redemption) which remain unclaimed for two (2) years after such payments were due, shall be repaid by the Escrow Bank to the Authority free from the trust created by the 2009 Indenture and this Escrow Deposit and Trust Agreement, and the Escrow Bank shall thereupon be released and discharged with respect thereto and hereto and all liability of the Escrow Bank with respect to such money shall thereupon cease. Section 14. Severability. If any section, paragraph, sentence, clause or provision of this Escrow Deposit and Trust Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, sentence clause or provision shall not affect any of the remaining provisions of this Escrow Deposit and Trust Agreement, Section 15. Notice to Escrow Bank and Authority. Any notice to or demand upon the Escrow Bank may be served and presented, and such demand may be made, at the principal corporate trust office of the Escrow Bank as specified by the Escrow Bank as 2009 Trustee in accordance with the provisions of the 2009 Indenture or by physical delivery with confirmation of receipt or by confirmed telecopy. Any notice to or demand upon the Authority shall be deemed to have been sufficiently given or served for all purposes by being mailed by registered or certified mail, and deposited, postage prepaid, in a post office letter box, addressed to such party as provided in the 2009 Indenture (or such other address as may have been filed in writing by the Authority with the Escrow Bank). Section 16. Merger or Consolidation of Escrow Bank. Any company into which the Escrow Bank may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Escrow Bank may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible to act as Trustee under the 2009 Indenture, shall be the successor hereunder to the Escrow Bank without the execution or filing of any paper or any further act. E IN WITNESS WHEREOF, the Authority and the Escrow Bank have each caused this Escrow Deposit and Trust Agreement to be executed by their duly authorized officers all as of the date first above written. Attest: Secretary E LYNWOOD UTILITY AUTHORITY Executive Director THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Escrow Bank LIZ Authorized Officer EXHIBIT A ESCROWED DEFEASANCE OBLIGATIONS Maturity Type Date Coupon Par Amount Price Cost A-1 Accrued Total Cost Interest Payment Date 12/01/2017 06/01/2018 12/01/2018 06/01/2019 EXHIBIT B PAYMENT SCHEDULE OF 2009 BONDS Maturing Redeemed Total Principal Principal Interest Payment EXHIBIT C NOTICE OF DEFEASANCE LYNWOOD UTILITY AUTHORITY ENTERPRISE REFUNDING REVENUE BONDS, 2009 SERIES A NOTICE IS HEREBY GIVEN to the owners of the above -captioned Enterprise Refunding Revenue Bonds, 2009 Series A (the "2009 Bonds") of the Lynwood Utility Authority (the "Authority"), that the Authority has deposited with The Bank of New York Mellon Trust Company, N.A., as trustee (the "2009 Trustee") under the Indenture of Trust, dated as of May 1, 2009 (the "2009 Indenture"), by and between the Authority and the 2009 Trustee, cash and United Stated of America government securities permitted under the 2009 Indenture sufficient to pay the regularly scheduled payment of principal and interest with respect to the 2009 Bonds on and prior to December 1, 2018, and to pay on June 1, 2019 the redemption price on the 2009 Bonds maturing on and after June 1, 2020, being the principal amount thereof, without premium. The 2009 Bonds to be defeased are as follows: In accordance with the 2009 Indenture, the 2009 Bonds are deemed to have been paid in accordance with Section 11.01 thereof and the obligations of the Authority under the 2009 Indenture with respect to the 2009 Bonds have thereupon ceased, terminated and become void and are discharged and satisfied. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee DATED this _ day of August, 2017. i The undersigned shall not be held responsible for the selection or use of the CUSIP number in this Notice of Defeasance, nor is any representation made as to its correctness. It is included solely for the convenience of the owners of such 2009 Bonds. C-1 Maturity Principal CuSIP* (June 1) Amount Interest Rate 551803BT5 2018 $115,000 4.000% 551803BU2 2019 120,000 4.000 551803BVO 2020 125,000 4.125 551803BW8 2021 130,000 4.250 551803BX6 2022 505,000 4.375 551803BY4 2023 525,000 4.500 551803BZI 2024 550,000 4.625 551803CA5 2025 575,000 4.750 551803CB3 2026 605,000 4.750 551803CCI 2029 1,990,000 5.000 In accordance with the 2009 Indenture, the 2009 Bonds are deemed to have been paid in accordance with Section 11.01 thereof and the obligations of the Authority under the 2009 Indenture with respect to the 2009 Bonds have thereupon ceased, terminated and become void and are discharged and satisfied. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee DATED this _ day of August, 2017. i The undersigned shall not be held responsible for the selection or use of the CUSIP number in this Notice of Defeasance, nor is any representation made as to its correctness. It is included solely for the convenience of the owners of such 2009 Bonds. C-1 z'Y�'y, a tl. AGENDA STAFF REPORT �t1F04S� DATE: July 18, 2017 TO: Honorable Mayor and Members of the City Council APPROVED BY: Alma K. Martinez, City Manag r PREPARED BYAndre Dupret, Interim Director, Department of Development, Enforcement and Compliance Services Department qp-41. D. Whitaker, Public Safety Manager SUBJECT: RESIDENTIAL PERMIT PARKING FOR SECOND AVENUE AND LAVINIA AVENUE (ZONE) 1 AND 112TH STREET AND LORRAINE AVENUE (ZONE 2) Recommendation: Staff recommends that the City Council review and adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ESTABLISHING RESIDENTIAL PERMIT PARKING DISTRICTS, Lynwood RPPD 1 — 12000 BLOCK OF SECOND AVENUE, 4200 BLOCK OF NILAND STREET AND 4200 BLOCK OF LAVINIA AVENUE; AND LYNWOOD RPPD 2 — 2600 BLOCK OF 112TH STREET AND 11000 BLOCK OF LORRAINE AVENUE." Background: On March 30, 2017, residents of the respective neighborhoods petitioned the Public Safety/Traffic and Parking Commission for the establishments of Residential Permit Parking Districts (RPPD) to deter non-resident vehicles from occupying the off-street parking surplus. Commission members, as well as staff, supported the establishment of both RPPDs based on the essential criteria being met in accordance with LMC 7-29 which governs the establishment of said RPPDs. Discussion & Analysis: Community meetings were conducted to provide each neighborhood with the guidelines and framework for the institution of a residential permit parking district. Each petition holder successfully gathered signatures from the residences within the proposed areas, meeting the minimum support rate in favor of permit parking Lynwood RPPD 1 will be designated from the 12000 block of Second Avenue the 4200 block of Niland Street and the 4200 block of Lavinia Avenue, whic AGENDA ITEM :25 consists of a total of 28 households. Permit parking for 7 days a week, 24 hours a day was preferred by residents. Lynwood RPPD 2 will be designated from the 2600 block of 112th Street and the 11000 block of Lorraine Avenue, which consists of 35 households. Permit parking for 7 days a week, 24 hours a day was preferred by residents. The parking permits along with the appropriate street signage indicating the new parking restrictions are ready for implementation. Residents will be notified of the City Council decision regarding the designation of each residential permit parking districts. Each household will be granted 1-2 free parking permits, with the option to purchase additional permits based upon the number of vehicles per household and the on-site parking availability of each residence at an annual cost of twenty dollars. Upon City Council approval residents will be provided the parking permits and enforcement will commence accordingly. Fiscal Impact: Sufficient funds were available in the DCES and Public Works FY 2016/17 General Fund budgets to cover the costs associated with the purchase of both the required signage and the parking permits. There is also sufficient funding within the Public Safety and DCES budgets to support enforcement activities. Coordinated With: Public Works Department Attachment: Resolution RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ESTABLISHING RESIDENTIAL PERMIT PARKING DISTRICTS, LYNWOOD RPPD 1 — 12000 BLOCK OF SECOND AVENUE, 4200 BLOCK OF NILAND STREET AND 4200 BLOCK OF LAVINIA AVENUE AND LYNWOOD RPPD 2 — 2600 BLOCK OF 112TH STREET AND 11000 BLOCK OF LORRAINE AVENUE WHEREAS, Section 7-29 of the Lynwood Municipal Code authorizes the City Council to, by resolution, designate any streets, or portions thereof, as "Residential Permit Parking Only" streets; and WHEREAS, the City Council Policy sets forth a process to create a Residential Permit Parking District and establishing a process enabling individual streets within the identified District boundary to request implementation of permit parking; and WHEREAS, representatives of each identified community have met with the Public Safety Department, and efforts to identify and implement solutions to the parking other than permit parking have been determined to be ineffective to resolve or improve the parking availability for residents, so that no solution other the permit parking appears to be feasible; and WHEREAS, due to parking congestion on the streets herein set forth, the City Council hereby finds and determines that the parking of vehicles should be limited to persons possessing permits; and WHEREAS, the establishment of "Permit Parking Only" areas is necessary to enhance the public health, safety, and welfare of the residents of the area, the users of the public streets and the public at large. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS: Section 1. That the Lynwood RPPD 1 and Lynwood RPPD 2 are hereby established. That the parking of vehicles shall be limited to those persons possessing a properly displayed valid parking permit along the streets of: 1. 12000 block of Second Avenue, 4200 block of Niland Street and 4200 block of Lavinia Avenue 2. 2600 block of 112th Street and 11000 block of Lorraine Avenue Nothing contained in this resolution shall be construed to authorize the parking or stopping where such parking or stopping is otherwise prohibited or to prohibit parking as it may otherwise be permitted by the California Vehicle Code or the Lynwood Municipal Code. Section 3. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 18th day of July, 2017. ATTEST: Maria Quinonez, City Clerk Approved As To Form: Noel Tapia, City Attorney Maria Santillan-Bess, Mayor Alma Martinez, City Manager Approved As To Content: Andre Dupret, Interim Director of Development, Compliance, Enforcement Services STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Resolution was duly adopted by the City Council of the City of Lynwood at its regular meeting held in the City Hall of said City on the 18th day of July 2017, and passed by the following vote: AYES: NOES: ABSTAIN: ABSENT: Maria Quinonez, City Clerk TO: Honorable Mayor and Members oL2Le City Council APPROVED BY: Alma K. Martinez, City Mana er PREPARED BY: Raul Godinez II, P.E., Director of Public Works/City Engineer SUBJECT: Approval of an Agreement with Infrastructure Engineers to Provide Interim Staffing and Engineering Management Services to Manage Capital Improvement Projects for Fiscal Year 2017/18 Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AGREEMENT WITH INFRASTRUCTURE ENGINEERS TO PROVIDE INTERIM STAFFING AND ENGINEERING MANAGEMENT SERVICES AND TO PROVIDE GENERAL ENGINEERING AND MANAGE CERTAIN CAPITAL IMPROVEMENT PROJECTS IN AN AMOUNT NOT TO EXCEED $500,000 FOR FISCAL YEAR 2017-2018." Background: The City Council approved a budget of $43.2 million in Capital Improvement Projects (CIP), inclusive of Utility Authority Projects for FY 17/18. The City Council approved the creation of an Assistant City Engineer position as part of the 2017/18 budget as well as two Public Works Assistants. The development of the job classifications, recruitment and training will delay these positions becoming fully online until early 2018. The Public Works Department, Engineering Division is already managing several projects including a $4.4 million reconstruction of the Long Beach Boulevard, overseeing the development review function, managing the City's fleet and CIP development/implementation. Discussion & Analysis: In FY 17, three (3) Public Works Associates and one (1) Public Works Assistant positions were deleted and one Public Works Technician position was vacated due to a resignation. r AGENDA ITEM The Senior Public Works Manager retired at the end of 2016. This left the Public Works Department with an immediate and critical need to fill this position to ensure that Capital Improvement Projects such as those projects listed below continue to be implemented without delay: • Long Beach Boulevard Construction • Welcome to Lynwood Signage • Caltrans On/Off ramp Improvement Project • Wisconsin Avenue, Sequoia Drive, Cornish Avenue and Michigan Avenue Street and Water Improvement Project, • Bus Shelters Improvement Project, • Olanda Street and Virginia Street Improvement, • Pedestrian Safety Improvement Project, and • Long Beach Boulevard Phase II Project. Certain projects listed above utilize federal, state and regional transportation funds with expenditure deadlines. While the City Council has authorized the addition of several positions in the Engineering Division, the recruitment process will not be completed immediately and will delay implementation of the FY18 CIP. In the era of specialized engineering services, cities in California are relying on consultants to deliver the highly technical engineering needs for their communities. Budget constraints coupled with demand for expedited delivery of services has prompted many cities to enter into long term multidisciplinary master agreements with consultants like Infrastructure Engineers that allows a city to utilize their services and thus eliminate delaying the programs and the projects. The City of Lynwood previously issued a request for proposal and subsequently the City Council awarded a contract to Infrastructure Engineers to provide citywide design and construction management service. Their performance thus far has been exemplary. The issuance of a FY18 master agreement with Infrastructure Engineers will allow staff to use their specialized services on as needed basis. This is considered the most cost-effective method to deliver expedited professional engineering services to the community. Authority for Awarding a Contract: Lynwood Municipal Code Section 6-3.13(a)(3) provides exception to competitive bidding of any kind if the City Council finds by resolution by not less than four- fifths (4/5) of its members, that such acquisition may be more economically and efficiently effected through the use of an alternate procedure. Fiscal Impact: Staff recommends that the City Council authorize the City Manager to execute an agreement, in a form approved by the City Attorney with Infrastructure Engineers to provide engineering services from July 1, 2017 through June 30, 2018 in the amount not to exceed $500,000. Funding for the services of Infrastructure Engineers will be derived from FY18 salary savings and CIP project budgets. Coordinated With: City Manager's Office City Attorney's Office RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AGREEMENT WITH INFRASTRUCTURE ENGINEERS TO PROVIDE INTERIM STAFFING AND ENGINEERING MANAGEMENT SERVICES AND TO PROVIDE GENERAL ENGINEERING AND MANAGE CERTAIN CAPITAL IMPROVEMENT PROJECTS IN AN AMOUNT NOT TO EXCEED $500,000 FOR FISCAL YEAR 2017-2018 WHEREAS, the City Council approved a $43.2 million in capital improvement program for FY18; and WHEREAS, Certain Capital Improvement Projects utilize federal, state and regional transportation funds with expenditure deadlines; and WHEREAS, in FY17 Engineering Division suffered from staffing layoffs and retirements, leaving the Engineering Division with an immediate and critical need for additional staff; and WHEREAS, in FY18 Engineering Division was budgeted for three additional staff members; and WHEREAS, Human Resources Department has identified a timetable that has Engineering Division recruitment taking place in early 2018; and WHEREAS, on December 20, 2016, the City Council approved a contract with Infrastructure Engineers to provide interim Engineering Management Services; and WHEREAS, since there has not been permanent staffing replacement for Engineering Division and Engineering, staffing support is needed; and WHEREAS, the City of Lynwood previously issued a request for proposal, and the City Council awarded a contract to Infrastructure Engineers to provide citywide design and construction management service; and WHEREAS, Infrastructure Engineers' performance thus far has been exemplary, and continuing to use Infrastructure Engineers to meet the City's current critical staff needs will allow the City to utilize their services, and thus eliminate delaying the Capital Improvement Projects; and WHEREAS, the issuance of a FY18 master agreement with Infrastructure Engineers will allow staff to use their specialized services on as needed basis. This is considered the most cost-effective method to deliver expedited professional engineering services to the community. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. The City of Lynwood City Council hereby determines and finds that the recitals above are true and correct and incorporates them herein as findings. Section 2. That the City Council approves an Agreement with Infrastructure Engineers to provide Interim Staffing and Management Engineering Services in the amount of $500,000 from July 1, 2017 to June 30, 2018. Section 3. That the City Council authorizes the City Manager to execute an Agreement with Infrastructure Engineers in a form approved by the City Attorney. Section 4. That the City Council recognizes the need to obtain services to manage certain Capital Improvement Projects to avoid lapse and entering into an Agreement with Infrastructure Engineers, an alternate procedure to the formal process, will expedite the process to bring in qualified persons to manage such projects. Section 5. That the City Council exercises its authority under the Lynwood Municipal Code Section 6-3.13(a)(3) which provides exception to competitive bidding of any kind if the City Council finds by resolution by not less than four- fifths (4/5) of its members, that such acquisition may be more economically and efficiently effected through the use of an alternate procedure. Section 6. That the City Council authorizes the City Manager or her designee to utilize salary savings and Capital Improvement Project funds to approve a purchase order and to authorize the Director of Finance to make such transfers to pay for the cost of the consulting services in the amount not to exceed the approved $500,000 for FY18. Section 7. This resolution shall take effect immediately upon its adoption. Section 8. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED and ADOPTED this 18th day of July, 2017. ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: Noel Tapia City Attorney Maria T. Santillan-Bess Mayor Alma K. Martinez City Manager APPROVED AS TO CONTENT: Raul Godinez II, P.E. Director of Public Works / City Engineer aoFzYw, 0 d AGENDA STAFF REPORT DATE: July 18, 2017 TO: Honorable Mayor and MembeTr City Council APPROVED BY: Alma K. Martinez, City Manag PREPARED BY: Mark Flores, Director of Recreation and Community Service SUBJECT: Lynwood Union Gallery Facility Use Agreement Recommendation: Staff respectfully requests that the City Council review and adopt the attached resolution entitled: "A RESOLUTION OF THE CITY OF LYNWOOD CITY COUNCIL AUTHORIZING STAFF TO ENTER INTO A LEASE AGREEMENT WITH THE LYNWOOD UNION FOR USE OF THE BYORK BUILDING LOCATED AT 3780 MARTIN LUTHER KING, JR. BLVD." Background: The Lynwood Union Gallery's lease agreement to use the City's historical train depot (Byork Building) expired on June 30, 2017 and has continued on a month- to-month basis. The City and the Lynwood Union Gallery desire to continue the lease agreement with certain amendments. Discussion & Analysis: At its meeting held on October 18, 2016, the Lynwood City Council unanimously approved a facility use lease agreement with the Lynwood Union Gallery (Subsequent Need Agenda Item #25 — Resolution #2016.228). The Lynwood Union is a Lynwood -based community organization that works to preserve and highlight Lynwood's history, art, food, photography, film, music and people. The organization has successfully sponsored and executed various public exhibits and arts showcases in the community. The agreement has allowed the Lynwood Union to provide a more permanent exhibit for the public to enjoy. The original agreement expired on June 30, 2017 and has continued on a month- to-month basis. The City and the Lynwood Union Gallery desire to continue and renew their agreement with certain amendments to the original agreement: AGENDA ITEM 2� • Modify Article 1 (Term and Termination), Paragraph A "The term of the Agreement shall be for one-year beginning on the date the First Amendment is fully executed by all Parties. The term shall automatically renew for an additional one-year term subject to the conditions set forth in Article 1, Paragraph 8." • Modify Article 6 (Use of Premises), Paragraph A "Lynwood Union will occupy and use the Premises exclusively and solely for the purposes of conducting Lynwood Union Activities. Lynwood Union's permissible uses of the Premises include the operation of the Lynwood Union Activities, which Lynwood Union Activities shall be open to the public for a minimum of 24 total hours per week. Lynwood Union agrees to conduct Lynwood Union Activities on at least one Saturday per month. Lynwood Union shall have the discretion to determine the days and hours of operation on a weekly basis. Lynwood Union agrees to post its weekly hours of operation at least four days before the first day of the week. Monday shall be considered the first day of the week." If the agreement renewal is granted, the Lynwood Union will continue to be responsible for: • Volunteer staffing of the facility and exhibits • Event organizing and day-to-day operations • All utilities and services to the facility • Maintaining the facility in reasonable condition and repair • Maintaining comprehensive liability insurance as determined by the City • Other stipulations as provided for in the lease agreement for use Staff respectfully requests that the City Council consider renewal of the lease agreement through adoption of the accompanying resolution. Fiscal Impact: There is no anticipated fiscal impact to the general fund. The facility use lease agreement requires that the user group pay for all facility utilities and services, as well as reasonable repairs. Coordinated With: Finance City Attorney El Attachments: Resolution First Amendment to the Lynwood Union Lease Agreement Original Lease Agreement RESOLUTION NO. A RESOLUTION OF THE CITY OF LYNWOOD CITY COUNCIL AUTHORIZING STAFF TO ENTER INTO A LEASE AGREEMENT WITH THE LYNWOOD UNION FOR USE OF THE BYORK BUILDING LOCATED AT 3780 MARTIN LUTHER KING, JR. BLVD WHEREAS, the City of Lynwood understands that preserving and promoting Lynwood's history and art contributes to the community's quality of life; and WHEREAS, the City of Lynwood strives to be a leader in encouraging an engaged community and the offering of quality community experiences and cultural options; and WHEREAS, the Lynwood Union's lease agreement to use the City's historical train depot (Byork Building) expired on June 30, 2017 and has continued on a month-to-month basis; and WHEREAS, the City and the Lynwood Union desire to continue the lease agreement with certain amendments; and WHEREAS, the Lynwood Union has a demonstrated history of providing quality cultural events and exhibits and has approached the City and offered to operate a public gallery and exhibit featuring Lynwood's history and art. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS: Section 1. The City Council authorizes and directs staff to enter into a lease agreement with the Lynwood Union to use the Byork Building located at 3780 Martin Luther King, Jr. Boulevard to operate a gallery that features local history and art as described in the related proposal and lease agreement documents. Section 2. The term of the lease agreement shall be for one-year beginning on the date the First Amendment to the Original Lynwood Union Lease Agreement is fully executed and shall automatically renew for an additional one- year term subject to the conditions set forth in Article 1, Paragraph B. Section 3. The Lynwood City Manager or his or her designee is authorized to execute any agreement documents related to the use and project. Section 4. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED THIS 18th day of July, 2017. Maria Teresa Santillan-Bess, Mayor ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM Noel Tapia, City Attorney Alma K. Martinez, City Manager APPROVED AS TO CONTENT: Mark Flores, Director Recreation & Community Services STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of said City at its regular meeting thereof held in the City Hall of the City on the day of , 2017 and passed by the following vote: AYES: NOES: ABSTAIN: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of , 2017. City Clerk, City of Lynwood FIRST AMENDMENT TO THE LYNWOOD UNION LEASE AGREEMENT THIS FIRST AMENDMENT to the Lynwood Union Lease Agreement (the "First Amendment") is made and entered into this day of July 2017 by and between the City of Lynwood, a municipal corporation (hereinafter, "City") and the Lynwood Union, a local organization (hereinafter, "Union"). For the purposes of this First Amendment, City and Union may be referred to collectively by the capitalized term "Parties." RF('.ITAI R This First Amendment is made and entered into with respect to the following facts: WHEREAS, on October 18, 2016, the Parties executed and entered into that certain Lease Agreement ("Agreement") for the use of real property located at 3780 Martin Luther King Boulevard, commonly referred to as the "Red Car Station" ("Premises"); and WHEREAS, the term of the Agreement expired on June 30, 2017; and WHEREAS, upon expiration of the Agreement, Union's tenancy continued on a month-to-month basis; and WHEREAS, the Parties desire to' amend the Agreement by modifying Article 1 (Term and Termination) and Article 6 (Use of Premises) of the Agreement; and NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows: 1. Term. Article 1, Paragraph A of the Agreement is hereby modified to read as follows: "The term of the Agreement shall be for one-year beginning on the date the First Amendment is fully executed by all Parties. The term shall automatically renew for an additional one-year term subject to the conditions set forth in Article 1, Paragraph B." 2. Use of Premises. Article 6, Paragraph A is hereby modified to read as follows: "Lynwood Union will occupy and use the Premises exclusively and solely for the purposes of conducting Lynwood Union Activities. Lynwood Union's permissible uses of the Premises include the operation of the Lynwood Union Activities, which Lynwood Union Activities shall be open to the public for a minimum of 24 total hours per week. Lynwood Union agrees to conduct Lynwood Union Activities on at least one Saturday per month. Lynwood Union shall have the discretion to determine the days and hours of operation on a weekly basis. Lynwood Union agrees to post its weekly hours of operation at least four days before the first day of the week. Monday shall be considered the first day of the week." 3. This First Amendment together with the Agreement shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents. 4. In the event of any conflict or inconsistency between this First Amendment and the Agreement, the provisions of this First Amendment shall control, but only to the extent necessary to resolve the conflict or inconsistency. 5. This First Amendment may be executed in counterparts, which together shall comprise a single instrument. IN WITNESS THEREOF, the Parties hereto have caused this First Amendment to the Agreement to be executed on the day and year first appearing above. CITY Maria T. Santillan-Beas, Mayor Date ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Noel Tapia, City Attorney The Lynwood Union, a Local Organization Date THE LYNWOOD UNION LEASE AGREEMENT This LYNWOOD UNION LEASE AGREEMENT ("Lease") is made and entered into this day of , 2016 ("Effective Date"), by and between the CITY OF LYNWOOD, a municipal corporation ("CITY"), and THE LYNWOOD UNION, a Local Organization ("Union"). RECITALS WHEREAS, CITY is the owner of that real property, including the building and fixtures located thereon, at 3780 Martin Luther King Boulevard, Lynwood, California (APN 6173.021.900), commonly referred to as the "Red Car Station" ("Premises"); and WHEREAS, the Lynwood Union operates a facility that showcases the history of Lynwood through art and photography, city trail blazers, buildings and signs; and WHEREAS, the Lynwood Union is currently seeking a location to conduct its activities; and WHEREAS, in material reliance on the beneficial services to be gained by the CITY from the Lynwood Union by sharing the history of the City of Lynwood, CITY believes a valid public purpose is served by and willing to make the Premises available to Lynwood Union for purposes of the Lynwood Union events and exhibitions; and WHEREAS, it is the intent of the parties that the Premises will be leased to the Lynwood Union for its use and purpose for a limited period not to exceed one year from the Effective Date first written above, which represents the date this Lease is mutually executed by the parties hereto. AGREEMENT NOW, THEREFORE, the parties incorporate the Recitals as set forth herein and agree as follows: ARTICLE 1. Term and Termination A. The initial term of this Lease is for six (6) months from the Effective Date ("Initial Term") unless sooner terminated as provided for herein. CITY shall maintain the right to extend this Lease at its sole discretion. Should The Lynwood Union continue to be using the Premises consistent with the terms of this Agreement, at the end of the Initial Term, the City, in its sole discretion, may extend the Term for additional one (1) year terms, not to exceed a total of two (2) years and six (6) months. Should such extension of the term occur, all remaining provisions of this Agreement shall continue to apply. B. Notwithstanding any provisions to the contrary in this Lease, CITY may terminate this Lease before the expiration of the stated term if (i) Lynwood Union does not receive approval by the appropriate governmental authority to continue to occupy the premises; (ii) if such approval has been granted, but is subsequently withdrawn by such governmental authority, or (iii) the Lynwood Union fails to continue to operate the Lynwood Union Activities for which the Premises were originally Leased (iv) either party elects to terminate this Lease by notice 102395.1 delivered to the other parry at least thirty days (30) prior to such termination. In the event of the occurrence of any of the forgoing, CITY may, in its sole discretion, give written notice to Lynwood Union, to terminate this Lease and neither party shall have any further obligation to the other hereunder. ARTICLE 2. Lease A. CITY hereby Leases to Lynwood Union, and Lynwood Union hereby rents from CITY, all of those certain Premises, which are specifically identified on the "Site Map", attached hereto as "Exhibit A," and incorporated herein by this reference, on the terms and conditions contained in this Lease. Except as otherwise specified in this Lease, CITY shall provide Lynwood Union possession and use of the space identified in the Site Map. ARTICLE 3. Minimum Rent This Lease is entered into for good and valuable consideration for the period commencing on the Effective Date and by which Lynwood Union shall pay to CITY as and for consideration the six (6) month rental amount of one dollar ($1.00). The rent shall be payable in advance of the first day of the term of this Lease. ARTICLE 4. Utilities During the Term stated herein, Lynwood Union shall be solely responsible for and shall promptly pay, before delinquency, all charges or assessments for electricity and all other utilities and services of any kind that may be used on the Premises at the rates charged by the supplying utility companies. ARTICLE 5. Taxes Lynwood Union shall have the sole obligation to pay any taxes, fees and assessments, plus applicable penalties and interest, which may be imposed by law and arise out of Lynwood Union's leasehold interest hereunder. Lynwood Union shall indemnify, defend and hold harmless CITY against any and all such taxes, fees, penalties or interest assessed, or imposed against CITY hereunder. In the event Lynwood Union fails to timely pay any tax, assessment, fee, penalty or interest, CITY, at its option, shall have the right to pay such charge and treat such payment as additional rent to be charged to Lynwood Union and paid by Lynwood Union to CITY within (5) days of receipt of notice from CITY. ARTICLE 6. Use of Premises A. Lynwood Union will occupy and use the Premises exclusively and solely for the purposes of conducting Lynwood Union Activities. Lynwood Union's permissible uses of the Premises include the operation of the Lynwood Union Activities, which Lynwood Union Activities shall be open to the public from the hours of 11 a.m. to 6 p.m. Monday through Thursday and one Saturday per month; these hours of operation may be extended or changed with the prior written consent of the City Manager or his/her designee. Lynwood Union's permitted uses of the Premises may include fundraising and educational events, tours and programs, subject to Lynwood Union's compliance with all CITY ordinances (such as regulations for special events) and, if an event is planned for hours other than the regular 102395.1 2 designated hours of Lynwood Union Activities operation, Lynwood Union shall obtain prior written consent from the City Manager for such event. The Lynwood Union shall not use, or permit the Premises, or any part thereof, to be used for any purposes other than for Lynwood Union Activities. B. The Lynwood Union shall not commit any acts on the Premises, nor use the Premises in any manner that will increase the existing rates for or cause the cancellation of any fire, liability, or other insurance policy insuring the ' Premises or the improvements on the Premises. The Lynwood Union shall, at Lynwood Union's own cost and expense, comply with all requirements of CITY's insurance carriers that are necessary for the continued maintenance at reasonable rates of fire and liability insurance policies. C. The Lynwood Union, at its sole cost, shall comply with any and all laws concerning the Premises or Lynwood Union's use of the Premises, including, without limitation, the obligation at Lynwood Union's cost to alter, maintain or improve the Premises in compliance with and conformity with all laws relating to the condition, use or occupancy of the Premises during the term (including the Americans With Disabilities Act). D. The Lynwood Union agrees not to use the Premises for any immoral or unlawful purpose. E. The Lynwood Union shall not commit any waste or any public or private nuisance upon the Premises. F. The Lynwood Union shall comply with all laws, rules, and orders of all federal, state and municipal governments or agencies that may be applicable to use of the Premises. G. The Lynwood Union shall at all times keep the Premises in a neat and attractive appearance. H. Lynwood Union's use of the Premises is subject to: (i) the effect of any covenants, conditions,. restrictions, easements, development agreements, mortgages or deeds of trust, ground leases, rights of way, and other matters or documents of record now or hereafter recorded, (ii) the effects of any zoning laws of the CITY, county and state where the Premises are situated. I. The Lynwood Union agrees (i) that as to its leasehold estate it, and all persons in possession or holding under it, will conform to and will not violate said matters of record, and (ii) that this Lease is and shall be subordinate to said matters of record and any amendments or modifications thereto. ARTICLE 7. Condition of Premises and CITY Improvements The Lynwood Union acknowledges that as of the date of this Lease, The Lynwood Union has inspected the Premises and all improvements on the Premises and that the Premises and improvements are in good order, repair, and condition and suitable for The Lynwood Union's uses permitted by this Lease. The parties agree that any additional improvements or alterations requested by Lynwood Union to the Premises, not otherwise specified herein, must be authorized by CITY in writing and performed at the sole cost and expense of The Lynwood Union. The Lynwood Union further acknowledges that CITY has made approximately Ten Thousand 102395.1 3 Dollars ($10,000) worth of improvements to the Premises in past years to make it suitable for Lynwood Union's tenancy, as further described in Exhibit `B" attached hereto, and that Lynwood Union will maintain such improvements in the manner described in Article 8 below. ARTICLE 8. Repairs and Maintenance A. Lynwood Union, at its sole cost and expense, shall keep the Premises in reasonable order, condition and repair and shall make all replacements necessary to keep the Premises in such condition. Lynwood Union, at its expense, shall repair promptly any damage to the Premises caused by Lynwood Union or its agents, employees, or invitees, or caused by the installation or removal of Lynwood Union's personal property. All replacements shall be of a quality equal to or exceeding that of the original. Should Lynwood Union fail to make these repairs and replacements or otherwise so maintain the Premises for a period of fifteen (15) days after written demand by CITY, or should Lynwood Union commence, but fail to complete, any repairs or replacements within sixty (60) days after written demand by CITY, CITY may enter the Premises and make such repairs or replacements and Lynwood Union shall pay to CITY the costs incurred by CITY in making such repairs or replacements together with interest thereon at the maximum rate permitted by law from the date of commencement of the work until repaid. CITY shall be responsible for exterior maintenance of the Premises. B. Lynwood Union agrees to deliver to CITY physical possession of the Premises at the end of this Lease's term, or any extension of the term, in good condition and repair; reasonable wear and tear and loss by fire or other casualty or by earthquake or other act of God excepted. ARTICLE 9. Lynwood Union Improvements and Alterations A. Lynwood Union shall be responsible for constructing any improvements necessary to use the premises for the purpose of facilitating the conduct of administrative services at its sole cost and expense (the "Lynwood Union's Work"). Lynwood Union shall have sole responsibility for all architectural and space planning involved in Lynwood Union's Work. B. All construction work required or permitted by this Lease shall be approved by CITY in writing and done in a good and workmanlike manner, and in compliance with all applicable laws and ordinances, regulations, and orders of governmental authority and insurers of the Premises. C. Except for Lynwood Union's Work approved by CITY by written agreement, Lynwood Union shall not make any alterations to the building and improvements on the Premises. Approval may be conditioned upon the receipt by CITY of a set of plans and specifications for the alterations no later than thirty (30) days prior to the scheduled construction of the alterations. Lynwood Union will indemnify and defend CITY for all liens, claims, or damages caused by remodeling, improvements, additions, alterations, and major repairs. CITY agrees, when requested by Lynwood Union, to execute and deliver any applications, consents, or other instruments required to permit Lynwood Union to do this work or to obtain permits for the work. D. Except as set forth in this section, all alterations and improvements made to the Premises shall become the property of CITY and shall remain on and be surrendered with the 102395.1 4 Premises at the expiration or sooner termination of this Lease, including any renewals or extensions. E. At least ten (10) days before any construction commences or materials are delivered for any alterations that The Lynwood Union is making to the Premises, The Lynwood Union shall give written notice to CITY as to when the construction is to commence or the materials are to be delivered. CITY shall then have the right to protect CITY and CITY's interest in making the alterations; provided, however, that it shall be The Lynwood Union's duty to keep the Premises free and clear of all liens, claims, and demands for work performed, materials furnished, or operations conducted on the Premises at the request of The Lynwood Union. F. The Lynwood Union will not at any time permit any mechanics', laborers, or material men's liens to stand against the Premises for any labor or material furnished to The Lynwood Union or claimed to have been furnished to Lynwood Union or Lynwood Union's agents, contractors, or sub -contractors, in connection with work of any character performed or claimed to have been performed on the Premises by or at the direction or sufferance of Lynwood Union; provided, however, that Lynwood Union shall have the right to contest the validity or amount of any lien or claimed lien, upon giving to CITY a letter executed by Lynwood Union assuring that the lien or claimed lien will be paid, when and to the extent that the lien is finally determined to be valid and owing. Lynwood Union's right, however, to contest these liens shall not extend beyond the point where CITY's title to the Premises could be lost. On final determination of the lien or claim of lien, Lynwood Union will immediately pay any final judgment rendered, with all property costs and charges, and shall have the lien released or judgment satisfied at Lynwood Union's own expense. If Lynwood Union fails to pay the judgment promptly or otherwise fails to prevent any sale, foreclosure, or forfeiture of the Premises because of a lien, CITY shall have the right, upon five (5) days' written notice to Lynwood Union, to pay or prevent this action, and the amount paid by CITY shall be immediately due and payable to CITY. ARTICLE 10. Signs A. Lynwood Union may place and maintain signs on the Premises provided, however, that Lynwood Union shall first obtain any necessary CITY permits or licenses therefor and maintain it in good appearance and repair at all times during this Lease. At the expiration or termination of this Lease, any of the items mentioned in this section that are not removed from the Premises by Lynwood Union may, without damage or liability, be destroyed by CITY. B. Any trade fixtures that are not removed from the Premises by Lynwood Union within sixty (60) days after the Termination Date shall be deemed abandoned by Lynwood Union and shall automatically become the property of CITY as owner of the real property to which they are affixed. ARTICLE 11. Entry Lynwood Union shall permit CITY or CITY's agents, representatives, or employees to enter the Premises at all reasonable times and upon reasonable prior notice to inspect the Premises to determine whether Lynwood Union is complying with the terms of this Lease and to do other lawful acts that may be necessary to protect CITY's interest in the Premises under this Lease or to perform CITY's duties under this Lease. CITY's entry and any work conducted by CITY or its contractors shall be performed without interruption or unreasonable interference with 102395.1 5 Lynwood Union's ability to operate its Activities and to remain open to the public for business. ARTICLE 12. Surrender of Premises; Holding Over On the expiration or termination of this Lease, Lynwood Union shall promptly surrender and deliver the Premises to CITY in as good condition as they are now at the date of this Lease, reasonable wear and tear excepted. At the end expiration of this Lease, should Lynwood Union hold over for any reason, it is agreed that in absence of a written agreement to the contrary, that tenancy shall be form month- to-month only and not a renewal of this Lease; or an extension for further term. Lynwood Union shall pay monthly rent in an amount established by CITY, and the month-to-month tenancy shall be subject to every other term, covenant and condition in this Lease that is consistent with and not contrary to a month-to-month tenancy. ARTICLE 13. Damage and Destruction A. If the building or other improvements constructed on the Premises are damaged or destroyed, whether partially or entirely, by any cause, CITY may elect to repair, restore, or reconstruct the damaged or destroyed building and other improvements so that the condition and quality of the new building and other improvements shall be as near as reasonably possible to the condition and quality immediately prior to the damage or destruction to the extent that proceeds of insurance are available. Damage to or destruction of any portion of the building except the premises occupied by Lynwood Union, fixtures, or other improvements on the Premises by fire, the elements, or any other cause shall not terminate this Lease or entitle Lynwood Union to surrender the Premises or otherwise affect the respective obligations of the parties, any present or future law to the contrary notwithstanding. However, if the building fixtures, or other improvements on the Premises are totally destroyed or damaged or the CITY does not elect to repair the Premises and the Premises are partially or wholly unsuitable or inadequate for the purposes for which Lynwood Union was using the Premises prior to the destruction or damage, the CITY at its sole option may terminate the Lease. B. If the Premises are damaged or destroyed in whole or in part and the available insurance proceeds are equal to the cost of repair, less any applicable deductible amount, CITY may, at its option, proceed with due diligence to have plans and specifications prepared, to commence rebuilding, reconstruction, or restoration as promptly as possible after the occurrence of the event causing the damage or destruction, and thereafter to diligently complete the work. If the insurance proceeds are not equal to the cost of repair, CITY may, but shall not be obligated to do whatever may be necessary for the rebuilding, recordation, repair, or restoration of any building or improvements damaged or destroyed at its own cost and expense. C. Lynwood Union shall give prompt notice to CITY in case of fire or accidents in the Premises or of any damage or defects in the Premises or any fixtures or equipment therein. ARTICLE 14. Waivers of Liability & Indemnities. Except as may be expressly provided to the contrary in this Lease, CITY shall not be liable for any damage to property of Lynwood Union, or of others, located in, on or about the Premises, nor for the loss of or damage to any property of Lynwood Union or of others by theft or otherwise. CITY shall not be liable to Lynwood Union, Lynwood Union's employees or 102395.1 6 representatives for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or leaks from any part of the Premises or from the pipes, appliances or plumbing works or from the roof, street or sub -surface or from any other places or by dampness or by any other cause of whatsoever nature, except as may be proximately caused by an act or omission of CITY or its employees, contractors or agents. CITY shall not be liable to Lynwood Union, Lynwood Union's employees or representatives for any such damage caused by other occupants or persons in the Premises, or the public, or caused by operations in construction of any private, public or quasi -public work, that are not proximately caused by CITY, or its employees, contractors or agents. CITY shall not be liable for any latent defects in the Premises or in the buildings thereon at any time after the Effective Date of this Lease. All property of Lynwood Union kept or stored on the Premises shall be so kept or stored at the sole risk of Lynwood Union and Lynwood Union shall hold CITY harmless from any claims arising out of damage to the same, including subrogation claims by Lynwood Union's insurance carriers, unless such damage shall be proximately caused by the acts or omissions of CITY, or its employees, contractors or agents. Lynwood Union shall indemnify and hold CITY, its employees and agents, harmless from and against any and all claims, actions, costs, expenses, liabilities, damages, penalties and demands whatsoever, together with attorneys' fees and expenses arising out of or concerning the activities of Lynwood Union under this Lease, including but not limited to injury or death or damage to persons or property of invitees, agents, or employees of CITY, Lynwood Union or others, occurring in, on or about the Premises except if caused by the negligence or gross misconduct of CITY or its agents. If any action or proceeding in connection with any such matters is brought against the CITY, notice shall be given to Lynwood Union and Lynwood Union shall be furnished with a copy of any papers served. CITY shall have the right to defend any action or proceeding, employing legal counsel selected by it. CITY shall not be responsible or liable in any way for the presence of any toxic or Hazardous Materials (hereinafter defined) on the Premises, including compliance with any requirements imposed by applicable governmental authorities. Termination of this Lease notwithstanding, the provisions of this Section shall continue in full force and effect as to any claims or other matter listed therein, without limitation in time by virtue or any other provisions of this Lease. For purposes of this Lease, "Hazardous Material" is defined to include any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority (other than the City or Agency), the State of California, or the United States Government. The term "Hazardous Material" includes, without limitation, any material or substance which is: (A) petroleum or oil or gas or any direct or derivate product or byproduct thereof, (B) defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (C) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act); (D) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Sections 255010) and (k) and 25501.1 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (E) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (F) "used oil" as defined under Section 25250.1 of the California Health and Safety Code; (G) asbestos; (H) listed under Chapter 11 of Division 4.5 of Title 22 of the California Code of Regulations, or defined as hazardous or 102395.1 7 extremely hazardous pursuant to Chapter 10 of Division 4.5 of Title 22 of the California Code of Regulations; (I) defined as waste or a hazardous substance pursuant to the Porter -Cologne Act, Section 13050 of the California Water Code; (J) designated as a "toxic pollutant" pursuant to the Federal Water Pollution Control Act, 33 U.S.C. § 1317; (K) defined as a "hazardous waste" pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (42 U.S.C. § 6903); (L) defined as a "hazardous substance" pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq. (42 U.S.C. § 9601); (M) defined as "Hazardous Material" pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et seq.; or (N) defined as such or regulated by any "Superfund" or "Superlien" law, or any other federal, state or local law, statute, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials and/or underground storage tanks, as now, or at any time hereafter, in effect. ARTICLE 15. Assignment and Subletting A. Lynwood Union shall not assign this Lease in whole or in part, nor sublet all or any part of the Premises, without the prior written consent of CITY. The consent by CITY to any assignment or subletting shall not constitute a waiver of the necessity for such consent to any subsequent assignment or subletting. If this Lease is assigned by Lynwood Union, or if the Premises or any part thereof are sublet or occupied by any person or entity other than Lynwood Union, CITY may collect rent from the assignee, subtenant or occupant, for its own use and purpose and terminate this Lease. Collection shall not be deemed a waiver on the part of CITY, or the acceptance of the assignee, subtenant or occupant as Lynwood Union, or a release of Lynwood Union from the further performance by Lynwood Union of covenants on the part of Lynwood Union herein contained. B. Irrespective of any assignment or Lease, Lynwood Union shall remain fully liable under this Lease and shall not be released from performing any of the terms, covenants and conditions of this Agreement. C. Lynwood Union understands that the City may assign, mortgage, pledge, hypothecate, or otherwise encumber this Lease or Premises, or any interest herein or any right or privilege appurtenant thereto to the Lease or Premises, without the express prior written consent of Lynwood Union. The City may sublet all or any portion of the Premises without the prior written consent of Lynwood Union. Lynwood Union shall not be relieved of any of its obligations hereunder by reason of any sublease or additional lease of all or part of the Premises. Nonetheless, in the event that the City sublets or leases all or any portion of the Premises during the term of this Lease, the City shall notify the Lynwood Union, at least 14 days in advance before any additional tenant or sub -lessor occupies any part of the Premises. ARTICLE 16. Involuntary Assignment. No interest of Lynwood Union in this Lease shall be assignable by operation of law (including, without limitation, the transfer of this Lease by testacy or intestacy). Each of the following acts shall be considered an involuntary assignment: (a) if Lynwood Union is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act in which Lynwood Union is bankrupt; or, if Lynwood Union is a partnership or consists of more than one person or entity, if any partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or makes an 102395.1 8 assignment for the benefit of creditors; (b) if a writ of attachment or execution is levied on this Lease; or (c) if, in any proceeding or action to which Lynwood Union is a party, a receiver is appointed with authority to take possession of the Premises. An involuntary assignment shall constitute a default by Lynwood Union, and City shall have the right to elect to terminate this Lease, in which case this Lease shall not be treated as an asset of Lynwood Union. ARTICLE 17. Insurance A. Liability Insurance Coverage. Lynwood Union, at its sole expense, shall obtain prior to entering onto the Property and/or commencing any activity described in this Lease, and shall maintain or cause to be maintained during the entire term of this Lease, comprehensive general liability insurance, including, but not limited to, owned and non -owned vehicle liability, personal injury, blanket contractual, broad form property damage, and product/completed operations liability coverage shall be on a per occurrence basis and shall have limits of not less than $1,000,000.00 (one million dollars) combined single limit per occurrence for bodily injury, personal injury and property damage liability. B. Lynwood Union and all persons performing work for, or on behalf of Lynwood Union, including, but not limited to, their contractors or sub -contractors, shall, at Lynwood Union's own cost and expense, procure and maintain during the performance of the said work, a policy of worker's compensation insurance and employer's liability insurance in such amount as to willfully comply with the laws of the State of California. C. All of the above policies of insurance shall name CITY, its officers, employees, and agents as additional insureds. In the event any of said policies of insurance are canceled, Lynwood Union shall, prior to the cancellation date, submit new evidence of insurance. ARTICLE 18. Default A. Lynwood Union's Default. The occurrence of any of the following shall constitute a default by Lynwood Union: (i) abandonment and/or vacation of the Premises; (ii) failure to operate in the Premises for fifteen (15) consecutive days; or (iii) failure to perform any nonmonetary provision of this Lease if the failure to perform is not cured within ten (10) days after notice has been given to Lynwood Union. B. Notices given under this Section shall not be deemed a forfeiture or a termination of this Lease unless CITY so elects in the notice. Notices given under this Section shall be in lieu of, and not in addition to, any statutory notice required by law. C. CITY's Remedies. CITY shall have the following remedies if Lynwood Union commits a default: 1. CITY can terminate Lynwood Union's right to possession of the Premises at any time. No act by CITY, other than giving notice to Lynwood Union, shall terminate this Lease. Acts of maintenance, efforts to relet the Premises or the appointment of a receiver on CITY's initiative to protect CITY's interest under this Lease shall not constitute a termination of Lynwood Union's right to possession. On termination, CITY has the right to recover from Lynwood Union any and all amounts and court costs, necessary to compensate CITY for all detriment proximately caused by Lynwood Union's default. 102395.1 9 2. CITY, at any time after Lynwood Union commits a default, can cure the default at Lynwood Union's cost. If CITY at any time, by reason of Lynwood Union's default, pays any sum or does any act that requires the payment of any sum, the sum paid by CITY shall be due immediately from Lynwood Union to CITY at the time the sum is paid, and if paid at a later date shall bear interest at the maximum rate an individual is permitted by law to charge from the date the sum is paid by CITY until CITY is reimbursed by Lynwood Union. The sum, together with interest on it, shall be additional rent. 3. Upon the occurrence of an Event of Default, CITY shall also have the right, with or without termination of this Lease, to re-enter the Premises and remove all persons and property from the Premises. CITY may store the property removed from the Premises in a public warehouse or elsewhere at the expense and for the account of Lynwood Union. These remedies are not exclusive; they are cumulative and in addition to any remedies CITY may have now or later allowed by law. D. Default by CITY. If CITY fails to perform any of the covenants or conditions required on its part to be performed pursuant to this Lease, where such failure continues for a period of thirty (30) days after receipt of written notice specifying the nature and extent of such default in detail (provided, however, that if such default is of a nature that it cannot reasonably be cured within thirty (30) day period, CITY shall have such additional time as may be required to effect such cure provided CITY commences the cure within such 30 day. period), CITY's liability shall be limited to CITY's interest in the Premises. CITY shall not be liable to Lynwood Union for any damages sustained as a direct result of such default. Neither CITY nor any of its officers, employees, or agents shall be personally liable. ARTICLE 19. Waiver of Rights of Redemption. . Lynwood Union expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Lynwood Union being evicted or dispossessed for any cause, or in the event of Owner obtaining possession of the Premises, by reason of the violation by Lynwood Union of any of the covenants or conditions of this Lease, or otherwise. ARTICLE 20. Waiver of Breach Any express or implied waiver of a breach of any term of this Lease shall not constitute a waiver of any further breach of the same or other term of this Lease. ARTICLE 21. Successors and Sale of Premises A. Successors and Assigns. Except as provided in this Lease, all rights and liabilities herein given to, or imposed upon, the respective parties hereto shall extend to and bind the several respective heirs, executors, administrators, successors, and assigns of said parties. No rights, however, shall inure to the benefit of any assignee of Lynwood Union unless the assignment to such assignee has been approved by CITY in writing as provided for herein. B. Sale of Premises. In the event CITY shall sell, convey, transfer or exchange the Premises, Lynwood Union agrees to recognize and account to the purchaser or transferee, as the CITY hereunder and CITY shall be and is hereby relieved and released from any liability under 102395.1 10 any and all of its covenants and obligations under the Lease arising out of any act, occurrence or event arising after such sale, conveyance, transfer or exchange. ARTICLE 22. Miscellaneous A. Governing LawNenue. This Lease shall be governed by and construed in accordance with California Law. In the event of litigation the appropriate venue shall be the Los Angeles Superior Courts. B. Compliance with Laws. CITY shall, at its sole cost and expense, comply with all of the requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force pertaining to the use of the Property; and shall faithfully observe in said use all municipal ordinances, including, but not limited to, the general plan and zoning ordinances, state and federal statues, or other governmental regulations now in force, or which shall hereinafter be in force. C. No Brokerage Commission. Each party agrees and acknowledges that no commission is due any real estate broker in connection with this Lease. D. Rights Cumulative. The rights and remedies of CITY specified in this Lease shall be cumulative and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of CITY and Lynwood Union in addition to any other rights and remedies provided by law. E. No Partnership. CITY does not, in any way or for any purpose, become a partner of Lynwood Union in the conduct of its business, or otherwise, or joint venture or a member of a joint enterprise with Lynwood Union by reason of this Lease. The provisions of this Lease relating to the Percentage Rent payable hereunder are included solely for the purposes of providing a method whereby Rent is to be measured and ascertained. F. Force Majeure. In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lock- outs, labor troubles, inability to procure materials, failure of power, governmental moratorium, riots, insurrection, war or other reason of a like nature not the fault of the party delaying in performing work or doing acts required under the terms of this Lease (but excluding delays due to financial inability), then performance of such act shall be excused for the period of such delay. G. Notices. Any notice to either the parties hereto required or desired under the provisions and conditions of this instrument shall be given in writing by certified mail, registered mail, or by personal delivery addressed to the party for whom it is intended at the following addresses Notices will be deemed effectively given, in the case of personal delivery, upon receipt (or if receipt is refused, upon attempted delivery), and in the case of mailing, three (3) days following deposit into the custody of the United States Postal Service. The notice addresses of the parties are as follows: To CITY: City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Attn: City Manager 102395.1 11 Fax: (310) 764-4908 With a copy to: David A. Garcia Tafoya & Garcia LLP 316 W. 2nd Street Suite #100 Los Angeles, CA 90012 Attn: David Garcia To Union: The Lynwood Union 3780 Martin Luther King Boulevard Lynwood, CA 90262 Attn: Rowland Becerra, Executive Director Either party, Lynwood Union or CITY, may change the address for the purpose of this Section by giving written notice of the change to the other party in the manner provided in this Section. H. Lynwood Union Defined, Use of Pronoun. The words "Lynwood Union" means each and every person or parry mentioned as a Lynwood Union herein, be the same one or more; and if there shall be more than one Lynwood Union, any notice required or permitted by the terms of this Lease may be given by or to anyone thereof, and shall have the same force and effect as if given by or to all thereof. The persons signing as Lynwood Union shall be jointly and severally liable. The use of the neuter singular pronoun to refer to CITY or Lynwood Union shall be deemed a proper reference even though CITY or Lynwood Union may be an individual, a partnership, a corporation, or a group of two or more individuals or corporations. The necessary grammatical changes required to make the provisions of this Lease apply in the plural sense where Lynwood Union is a corporation, association, partnership, or individual, male or female, shall in all instances be assumed as though in each case fully expressed. I. Legal Expenses. In the event that either CITY or Lynwood Union shall institute any action or proceeding against the other relating to the provisions of this Lease, or any default hereunder, or engage an attorney to enforce such provision then, and in that event, the unsuccessful parry in such action or proceeding agrees to reimburse the successful party for the actual expenses of attorneys' fees and disbursements incurred therein by the prevailing party. J. Severability. In the event that any provision of this Lease shall be held to be invalid, the same shall not affect, in any respect whatsoever, the validity of the remainder of this Lease. K. Corporate Authority. The persons executing this Lease on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Lease on behalf of said party, (iii) by so executing this Lease, such party is formally bound to the provisions of this Lease, and (iv) the entering into this Lease does not violate any provision of any other Lease to which said party is bound. L. Entire Agreement. This Lease and the Exhibits attached hereto and forming a part hereof, set forth all the representations, covenants, promises, agreements, conditions and understandings between CITY and Lynwood Union concerning the Premises and there are no representations, covenants, promises, agreements, conditions or understandings, either oral or written, between them other than are herein set forth. Any subsequent alteration, amendment, change or addition to this Lease must be in writing, signed by CITY and Lynwood Union. 102395.1 12 IN WITNESS WHEREOF, the parties hereto have caused this Lease to be duly executed by their respective duly authorized officers or representatives as of the date first set forth above. CITY OF LYNWOOD, a municipal corporation ATTEST: City Clerk APPROVED AS TO FORM David Garcia, City Attorney In Edwin E. Hernandez, Mayor The Lynwood Union, a Local Organization Name: Title: Name: Title: 102395.1 13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF On , 2016, before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 102395.1 14 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE