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HomeMy Public PortalAbout2006-11-07CC-testThis Agenda contains a brief general description of each item to be considered. Copies of the Staft 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. A person who has a question concerning any of the agenda items may call the City Manager at (310) 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 THE LYNWOOD CITY COUNCIL TO BE HELD ON NOVEMBER 7, 2006 COUNCIL CHAMBERS 11330 BULLIS ROAD, LYNWOOD, CA 90262 5:00 P.M. P LETICIA VASQUEZ Rs MAYOR REVEREND ALFREDDIE JOHNSON, JR. MAYOR PRO -TEM LOUIS BYRD COUNCILMEMBER CITY MANAGER N. ENRIQUE MARTINEZ CITY CLERK ANDREA L. HOOPER OPENING CEREMONIES CALL TO ORDER 2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK 3. ROLL CALL OF COUNCIL MEMBERS Louis Byrd Reverend Alfreddie Johnson, Jr. Fernando Pedroza Maria T. Santillan Leticia Vasquez , CA P CITY OF LYf(l:OOD CIT,,, , .SCE NOV 2 2006 AM PM 718191 /I s •�� mac./ FERNANDO PEDROZA COUNCILMEMBER MARIA TERESA SANTILLAN COUNCILMEMBER CITY ATTORNEY J.ARNOLDO BELTRAN CITY TREASURER IRIS PYGATT 4. PLEDGE OF ALLEGIANCE 5. INVOCATION 6. COUNCIL RECESS TO: LYNWOOD INFORMATION INC. LYNWOOD PUBLIC FINANCE AUTHORITY LYNWOOD REDEVELOPMENT AGENCY LYNWOOD UTILITY AUTHORITY PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) 01- 114 [K91:L310161J I DI�I[o1_A1101�6y IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT IT IS ALL RIGHT FOR COUNCIL TO REFER THE MATTER TO THE STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A FUTURE MEETING. (The Ralph M. Brown Act, Government Code Section 54954.2 (a).) 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. 7. MINUTES OF PREVIOUS MEETINGS: Special Meeting — October 13, 2006 Regular Meeting — October 17, 2006 8. APPROVAL OF THE WARRANT REGISTER Comments: City of Lynwood warrant register dated November 7, 2006 for FY 2006 — 2007. Recommendation: Staff recommends that the City Council approve the warrant register. 9. REIMBURSEMENT OF HOME PROGRAM FUNDS FOR TERMINATED PROJECTS Comments The purpose of this item is to reimburse Housing and Urban Development (HUD) for HOME assisted projects that have been determined terminated. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION AUTHORIZING A LOAN ($613,425) BETWEEN THE CITY OF LYNWOOD AND THE LYNWOOD REDEVELOPMENT AGENCY IN THE AMOUNT OF $613,425 FOR THE REPAYMENT OF HOME FUNDS TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND THE APPROPRIATION OF $613,425 FROM THE GENERAL FUND BALANCE (FUND #01) ". 10. AWARD OF CONTRACT TO AN OFF -SITE RECORDS STORAGE FACILITY AND AMENDMENT OF RESOLUTION 2006.139 On August 1, 2006, the City Council approved Resolution 2006.139 authorizing staff to negotiate with FileKeepers to provide transport, storage, archive and retrieval services for hard copy records. Negotiations resulted in a standstill as both parties could not come to terms relative to insurance and indemnification provisions. GRM Information Management Services of California, LLC, is one of the three (3) short- listed vendors based on the City's evaluation and is willing to provide the City off -site records storage services. Recommendation Staff recommends that the City Council adopt the attached resolution entitled, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING RESOLUTION NO. 2006 -139 AND AUTHORIZING THE CITY TO ENTER INTO A SERVICE AGREEMENT WITH GRM INFORMATION MANAGEMENT SERVICES OF CALIFORNIA, LLC FOR A TERM NOT TO EXCEED TWO (2) YEARS AT A COST NOT TO EXCEED $17,000 A YEAR TO PROVIDE TRANSPORT, STORAGE, DESTRUCTION, ARCHIVE AND RETRIEVAL SERVICES FOR HARD COPY RECORDS, AND FURTHER AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT." 11. LYNWOOD SENIOR CITIZEN CENTER CHANGE ORDER — BUILDING CONSTRUCTION PROJECT NUMBER 05 -5297 u�I7 M7- iSt? In order to continue the construction of the Senior Citizen Center Building Construction, Project No. 05 -5297 without delay, additional improvements are necessary. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A CONTRACT CHANGE ORDER IN THE AMOUNT OF $77,673.29 TO WANG MILESTONE CONSTRUCTION INC. FOR THE LYNWOOD SENIOR CITIZEN CENTER BUILDING CONSTRUCTION PROJECT, PROJECT NUMBER 05 -5297 AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT CHANGE ORDER ". 12. AWARD OF CONTRACT WATER MAIN IMPROVEMENT PROJECT — GERTRUDE DRIVE (FROM MAGNOLIA AVE. TO AGNES AVE.) PROJECT NUMBER 05 -5300 Comments The bid opening for the Water Main Improvement Project on Gertrude Drive (Magnolia Ave. to Agnes Ave.), Project Number 05 -5300 was held in the Office of the City Clerk on Tuesday, October 10, 2006. CEDRO CONSTRUCTION, INC. was the apparent lowest bidder. Recommendation Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO CEDRO CONSTRUCTION, INC. IN THE AMOUNT OF $144,562.24 FOR THE GERTRUDE DRIVE FROM MAGNOLIA AVE TO AGNES AVE. WATER MAIN IMPROVEMENT PROJECT, PROJECT NUMBER 05 -5300, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ". 13. REVISED EMPLOYER - EMPLOYEE RELATIONS RESOLUTION Comments: The purpose of this item is to seek the City Council's approval to adopt a revised Employer - Employee Relations Resolution. This resolution sets forth procedures for meeting and conferring in good faith with recognized employee organizations regarding matters involving wages, hours and other terms and conditions of employment of employees. Changes to the resolution are minor and reflect legal and recommended changes in procedures and language related to labor relations. Recommendation: Staff recommends that the City Council rescind Resolution 02 -103 entitled, "EMPLOYER - EMPLOYEE RELATIONS RESOLUTION" and adopt the attached updated resolution entitled, "EMPLOYER- EMPLOYEE RELATIONS RESOLUTION ". 14. SELECTION OF A CONSULTANT TO CONDUCT EMPLOYMENT SEARCHES FOR THE POSITIONS OF PURCHASING MANAGER AND SENIOR INTERNAL AUDITOR Comments The purpose of this item is to seek the City Council's approval to execute an agreement with Arcus Executive Search to conduct employment searches for the positions of Purchasing Manager and Senior Internal Auditor in the Finance Department. Recommendation: Staff recommends that the City Council approve the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ARCUS EXECUTIVE SEARCH TO CONDUCT SEARCHES FOR THE POSITIONS OF PURCHASING MANAGER AND SENIOR INTERNAL AUDITOR ". 15. SECOND READING OF ORDINANCE — ADOPTION OF AN ORDINANCE REGARDING ENHANCING PARKING CIVIL PENALTIES IN SCHOOL ZONES Comments The City Council introduced the attached ordinance for first reading by title only on October 17, 2006. Recommendation: Staff recommends that the City Council adopt the attached ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 7 OF THE LYNWOOD MUNICIPAL CODE BY ADDING NEW SUBSECTION 7 -20.24 ENHANCING PARKING CIVIL PENALTIES IN SCHOOL ZONES ". 16. SPECIAL PERMIT REQUEST — TELEVISION FILMING AT PLAZA MEXICO Comments On October 31, 2006 staff received a special permit application for a live taping of a television show entitled "Ventaneando ", for Monday, November 6, 2006 from 2:00 p.m. — 5:00 p.m. Ventaneando is a Spanish language morning show that has been launched by TV Azteca (Channel 54). Recommendation: Staff recommends that the City Council concur with the special permit approval 17. AWARD OF CONTRACT FOR THE REHABILITATION OF WELL NO. 11 Comments The Notice Inviting Bids for the Rehabilitation of Well No. 11 Project was advertised in the Lynwood Press Wave on September 21, 2006, F.W. Dodge (Green Sheet), Reed Construction Data, Bid- America, Sierra Contractors Exchange, and Long Beach Press Telegram. The bid opening took place in the Office of the City Clerk on October 10, 2006. Four (4) contractors submitted bids. The apparent lowest responsible bidder was General Pump Company at $117,150. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT FOR THE REHABILITATION OF WELL NO. 11 TO GENERAL PUMP COMPANY AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT'. 18. ACCEPTANCE OF THE REHABILITATION OF WELL NO. 19 PROJECT Comments: On March 21, 2006, the City Council awarded a contract to the lowest bidder, Layne Christensen Company, in the amount of $188,605 for the Rehabilitation of Well No. 19 Project; Project No. 05 -5237. The project started on April 20, 2006, and was completed on September 20, 2006. Staff completed the final inspection on September 21, 2006, and found that all work has been completed satisfactorily in accordance with the project plans and specifications. The final cost of the project was $174,561.25. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE REHABILITATION OF WELL NO. 19 AS COMPLETE ". DISCUSSION ITEMS 19. RE- APPROPRIATION OF THE 2000 RESOURCES BOND ACT FUNDS AND ALLOCATION OF THE 2002 RESOURCES BOND ACT FUNDS Comments: In 2000 and 2002, California voters approved the passing of the 2000 and 2002 Resources Bond Acts. The purpose of these bonds was to provide funds to improve existing parks and open spaces or for the construction of new parks and open spaces. The City of Lynwood received certain bond funds allocations. These bonds are based on a reimbursement basis. 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 RE- ALLOCATION OF THE 2000 PER CAPITA AND THE 2000 ROBERTI- Z'BERG- HARRIS STATE RESOURCES BOND ACT FUNDS, THE ALLOCATION OF THE 2002 PER CAPITA AND ROBERTI-Z'BERG-HARRIS RESOURCES BOND ACT FUNDS AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE FUND APPROPRIATIONS AND TRANSFERS FOR THE LYNWOOD MEADOWS PARK PROJECT, PROJECT NO. 05 -5289 AND THE ROSE PARK PROJECT, PROJECT NO. 05- 5326 ". 20. APPROPRIATION AND TRANSFER FROM CITY'S GENERAL FUND BALANCE TO THE CITY HALUSENIOR CENTER PARKING LOT IMPROVEMENT PROJECT, PROJECT NO. 05 -5297 Comments: Funds are needed for the construction of the City Hall /Senior Center Parking Lot Improvement Project. Plans and specifications are complete and the project has been advertised for bid. Funds have been identified that may be appropriated and transferred to the City Hall Parking Lot Improvement Project. 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 APPROPRIATION AND TRANSFER OF $800,000 FROM THE CITY'S GENERAL FUND BALANCE TO THE CITY HALL /SENIOR CENTER PARKING LOT IMPROVEMENT PROJECT, PROJECT NO. 05 -5297 AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY APPROPRIATION AND TRANSFER ". 21. AWARD OF CONTRACT TO SECURE THE CITY'S PARKS AND PUBLIC FACILITIES Comments: In anticipation of the expiration of the agreement with the City's current contract security guard services provider, staff issued an RFP in May 2006 to solicit proposals from unarmed security services. The security guard services are to ensure the safety of and to protect City's personnel, facilities' users and property from breach of security and criminal activity. 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 SERVICES AGREEMENT WITH PREFERRED RESPONSE SECURITY SERVICES TO PROVIDE SECURITY GUARD SERVICES FOR THE CITY'S PARKS AND PUBLIC FACILITIES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ". 22. ADOPTION OF AN ORDINANCE AMENDING THE CITY'S PURCHASING PROCEDURES TO ADJUST THE PURCHASING AUTHORITY LIMITS OF THE PURCHASING OFFICER AND DEPARTMENT HEADS, ESTABLISH NEW LEVELS OF AUTHORITY FOR EXECUTION OF CONTRACTS BY THE CITY MANAGER AND UTILIZE COOPERATIVE PURCHASING ARRANGEMENTS Comments In December of 2005, the City's Municipal Code provisions regarding purchasing of supplies, routine services and equipment and the procuring of professional services were updated by Ordinance No. 1571 ( "Ord. 1571 "). The new procedures implemented by Ord. 1571 clarified and streamlined the purchasing process and created a new RFP /RFQ procedure for Department Directors to follow when seeking professional services such as consultants, architects and accountants. Ord. 1571 also delegated authority to the City Manager to execute certain types of contracts on behalf of the City. To maximize efficiency of the purchasing function and provide additional flexibility and value to the City, Staff has determined that some additions, revisions and clarifications to the City's existing purchasing ordinance are now required. Recommendation: Staff recommends that the City Council introduce for first reading by title only the attached ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING SUBSECTIONS 6 -3.1 THROUGH 6 -3.13 OF THE LYNWOOD MUNICIPAL CODE IN THEIR ENTIRETY AND ADOPTING NEW SUBSECTIONS 6 -3.1 THROUGH 6 -3.13 AMENDING THE CITY'S PURCHASING PROCEDURES FOR THE PURPOSES OF ADJUSTING THE PURCHASING AUTHORITY LIMITS OF THE PURCHASING OFFICER AND DEPARTMENT HEADS, ESTABLISHING NEW LEVELS OF AUTHORITY FOR EXECUTION OF CONTRACTS BY THE CITY MANAGER AND PERMITTING THE PURCHASING OFFICER TO UTILIZE COOPERATIVE PURCHASING ARRANGEMENTS WHEN SUCH PROCUREMENT METHODS ARE IN THE BEST INTERESTS OF THE CITY." 23. COMMISSIONS AND BOARDS Comments: At Council's regular meetings of September 19, 2006 and October 3, 2006 the Council nominated the following (see attached memo). Council requested that commission /board list be returned for further review and nominations. Recommendation: After Council review appointment by motion the nominated Commissioners to their respective Commissions and Boards. 24. CONFLICT OF INTEREST CODE Comments Government Code Section 87306.5 which became law in 1990 requires each City Council in the state to direct all boards, commissions, staff and other bodies within its jurisdiction to review and update their local conflict of interest code. The City Code has been revised to include changes and contains disclosure categories for each position listed. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING AN UPDATED CONFLICT OF INTEREST CODE, WHICH INCORPORATED BY REFERENCES THE STANDARD CONFLICT OF INTEREST CODE, PREPARED BY THE FAIR POLITICAL PRACTICES COMMISSION ". DISCUSSION ITEMS - CITY COUNCIL REQUESTS 25. CITY MANAGER'S GOALS Comments: On October 13, the City Council convened a workshop to set goals for the City Manager for the next six months (through April 13, 2007). There were a total of fourteen goals established. Recommendation: Staff recommends that the City Council receive and file this report. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION CITY COUNCIL MEMBER REPORTING ON MEETINGS ATTENDED (GOV. CODE SECTION 53232.3 (D)) LETICIA VASQUEZ, MAYOR REVEREND ALFREDDIE JOHNSON, JR., MAYOR PRO -TEM LOUIS BYRD, COUNCILMEMBER FERNANDO PEDROZA, COUNCILMEMBER MARIA T. SANTILLAN, COUNCILMEMBER CLOSED SESSION 26. CLOSED SESSION ITEMS A. With respect to every item of business to be discussed in closed session pursuant to Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Properties: See listing of properties by Address and Assessor Parcel Numbers in Attachment "A" to this agenda. City Negotiator: City Council, City Manager, City Attorney, Development Services Director and Universal Field Services, Inc. Negotiating: See listing of properties and property owners ( "Seller" or "Seller's ") in Attachment "A" to this agenda. Under Negotiation: Price and terms of payment — Seeking authority to make offer to Seller's for acquisition of property and, where appropriate, value of immovable fixtures and equipment, provision of appropriate relocation benefits and compensation for potential loss of goodwill to parties legally entitled thereto. B. With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: Four (4) Cases C. With respect to every item of business to be discussed in closed session pursuant to Section 54957.6: CONFERENCE WITH LABOR NEGOTIATOR Agency negotiator: Mary Ellen Schubel Employee Organization: Lynwood Employees' Association Lynwood Management Association ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON NOVEMBER 21, 2006 AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA. 0 CITY COUNCIL AGENDA ITEM NOVEMBER 7, 2006 CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATOR, PURSUANT TO GOVERNMENT CODE SECTION 54956.8. Properties: See listing of properties by Address and Assessor Parcel Numbers in Attachment "A" to this agenda. City Negotiators: City Council, City Manager, City Attorney, Development Services Director and Universal Field Services, Inc. Negotiating Parties: See listing of properties and property owners ( "Seller" or "Seller's ") in Attachment "A" to this agenda. Under Negotiations: Price and terms of payment — Seeking authority to make offer to Seller's for acquisition of property and, where appropriate, value of immovable fixtures and equipment, provision of appropriate relocation benefits and compensation for potential loss of goodwill to parties legally entitled thereto. ATTACHMENT "A" Conference with Real Property Negotiators Ham Park Replacement Project Commercial Properties City Council Meeting November 7, 2006 COMMERCIAUMIXED USE PROPERTIES APN Owner Site Address 6189 - 019 -060, Tacos Mexicos Inc. 11800 -11808 Atlantic Avenue 061 6189- 019 -003 6189- 019 -058, 059 6189- 019 -007, 008 6189 - 019 -009, 010 Bhagat, Narayan & Ra Christ New Testament Baptist Church of L.A. Ornelas, Raul & Isabel Trust/Ornelas Family Ornelas, Raul & Isabel Trust/Ornelas Family ijan 11812 Atlantic Avenue 11820 -11832 Atlantic Avenue 11836 Atlantic Avenue 12000 -12006 Atlantic Avenue 6189- 019 -011 6189 - 019 -012 6186 - 036 -001 6186- 036 -029 6186 - 036 -030 6186 - 036 -006 6186- 036 -007 Patel, Navin & Champa 12012 Atlantic Avenue Nabulsi, Walid /Mohanned 12022 Atlantic Avenue Chin, David & Jackie & 12100 Atlantic Avenue Chen, Becky Bhagat, Vinodbhai Trust 12108 Atlantic Avenue Ghagat, Vinodgha Trust 12120 Atlantic Avenue Ballard, William Trust J L Flores DDS Inc. 12130 Atlantic Avenue 12134 Atlantic Avenue 6186 - 036 -008 Ballard, William & Katherine12140 Atlantic Avenue ATTACHMENT "A" Page 2 6186- 001 -011 6186 - 001 -007 6186 - 001 -004, 005,006 6186 -001 -002 Alfaro, Froylan & Jorge 12001 Atlantic Avenue Loera, John & Mary 12015 Atlantic Avenue Vasquez, Leonel 12017 -12031 Atlantic Avenue Michalak, Michael 12035 Atlantic Avenue RESI DENTIAUVACANT PROPERTIES 6189 - 019 -900 Lynwood Redevelopment NEC Atlantic Avenue & Agency Josephine Street 6189 - 019 -056, Lynwood Redevelopment NWC Josephine Street & 057` Agency Virginia Avenue 6189 - 019 -013 Chalvin, Myron Z. Trustee 11801 Virginia Avenue 6189 - 019 -014 Chavez, Lucia 11807 Virginia Avenue 6189 - 019 -015 Casas, Jesus & Patricia 11815 Virginia Avenue 6189 - 019 -016 Membreno, Julio & Juana 11819 Virginia Avenue 6189 - 019 -017 Contreras, Ramiro & Livier 11825 Virginia Avenue 6189 - 019 -018 Tostado, Ernesto & Adrian 11833 Virginia Avenue 6189 - 019 -019 Mosqueda, Rogelio & Maria 11837 Virginia Avenue 6189 - 019 -020 Gatlin, Signe Conita Trustee 11845 Virginia Avenue 6189- 019 -021 Cruz, Guillermina 11851 Virginia Avenue 6189 - 019 -022 Vasquez, Inez & Maria 11857 Virginia Avenue 6189 - 019 -025 Cajero, Maria (Estate of) 11867 Virginia Avenue 6189- 019 -027 Aguiar, Gaudencio & Amarilis 11869 Virginia Avenue ATTACHMENT 'W Page 3 6189- 019 -030 6189- 036 -028 6189 - 036 -027 6189 - 036 -026 6189 - 036 -025 6189 - 036 -024 6189 - 036 -023 6186- 001 -024 Quezada, Salvador Nabulsi, Mohammed, et al Jones, Sarah Zavala, Pedro & Rebecca Alvarez, Teofilo & Noemi Cullens, Charles & Joyce Preciado, Roberto & Imelda Chavez, Ascencion & Margarita 5121 Lavinia Avenue 5124 Lavinia Avenue 12111 Virginia Avenue 12115 Virginia Avenue 12121 Virginia Avenue 12127 Virginia Avenue 12205 Virginia Avenue 12011 Atlantic Avenue DATE: November 7, 2006 TO: Honorable Mayor and Council Members APPROVED BY: N. Enrique Martinez, Cit Man a y ger PREPARED BY: Andrea L. Hooper, City Cle Albert Espinoza, Deputy City Clerk SUBJECT: Lynwood City Council Minutes Recommendation: Staff recommends the City Council approve following minutes: • Special Meeting, October 13, 2006 • Regular Meeting, October 17, 2006 Background: N/A Fiscal Impact: N/A Coordinated With: N/A ITEM f7_ LYNWOOD CITY COUNCIL SPECIAL MEETING OCTOBER 13, 2006 The City Council of the City of Lynwood met in a special meeting in the Council Chambers, 11330 Bullis Road the above date at 4:25 p.m. Mayor Vasquez presiding. Council Members Byrd, Johnson, Pedroza, Santillan, and Vasquez were present. Also present were City Manager Martinez, and City Clerk Hooper. City Clerk Hooper announced that the Agenda had been duly posted in accordance with the Brown Act. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) NONE PUBLIC ORAL COMMUNICATIONS NONE Item #6 CITY MANAGER GOAL SETTING WORKSHOP The Council Members discussed their goals with the City Manager. Gary Winters facilitated the meeting. The Council and the City Manager agreed on the following: Council Members Project Pedroza Senior Center Santillan Rosa Parks & Lynwood Meadows Completion 6 months obtain funding in six months and one year project completion Mayor Vasquez Ham Park Byrd Whispering Glen Mayor Pro Tern Johnson Lynwood Promenade Pedroza Casa Grande Santillan Reduce Crime Rate Byrd Fernwood Estates Mayor Vasquez Street Improvements clear land — first phase, in one year groundbreaking in six months — project completion in 18 months DDA in six months cost estimate of cleaning up property in six months — feasibility study in 12 months plan on reducing crime in six months tract map in six months 50% of funded projects completed in 6 month; Mayor Pro Tern Mr. Johnson Plaza Mexico parking enhancement Mayor Pro Tern Johnson and Santillan City Name on Plaza Mexico Billboard Pedroza Resolve SELAC & Murriel Estates Pedroza Cultural & Tourism Commission Mayor Vasquez Ethics Commission ADJOURNMENT make deal in six months make deal in six months in six months establish in six months establish in six months Having no further discussion, it was moved by Council Member Byrd, seconded by Council Member Pedroza, and carried to adjourn the special Lynwood City Council meeting at 6:19 p.m. Leticia Vasquez, Mayor Andrea L. Hooper, City Clerk LYNWOOD CITY COUNCIL REGULAR MEETING OCTOBER 17, 2006 The City Council of the City of Lynwood met in a regular meeting in the Council Chambers, 11330 Bullis Road on the above date at 5:12 p.m. Mayor Vasquez presiding. Council Members Byrd, Johnson, Pedroza, Santillan, and Vasquez were present. Also present were City Manager Martinez, City Attorney Beltran, City Clerk Hooper, and City Treasurer Pygatt. City Clerk Hooper announced that the Agenda had been duly posted in accordance with the Brown Act. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Irene Garcia spoke on item #10 — ON -CALL COST ESTIMATING SERVICES CONSULTANT SELECTION APPROVAL. With respect to item #14 —AWARD OF SANTA FE AVENUE "LANDSCAPED MEDIAN ISLAND ", she hopes to see the project completed. On item #22 — CONSIDERATION OF A NON - EXCLUSIVE TOWING SERVICE PROVIDER, she stated the City should not pay the provider. On item #23 — SPECIAL PERMIT — MASSAGE /SKIN CARE 11254 ATLANTIC AVENUE, UNIT #2, she hopes this merchant does not have extra's curricular activities, and she said this vendor needs a background check. Alex Landeros spoke on item #10 — ON -CALL COST ESTIMATING SERVICES CONSULTANT SELECTION APPROVAL. He commented he is glad to see this is going out to bid. On item #22 — CONSIDERATION OF A NON - EXCLUSIVE TOWING SERVICE PROVIDER, he would like the Council to consider the company that will remit the most towing fees to the City and provide local jobs. PUBLIC ORAL COMMUNICATIONS Paulette Bradley commented that approximately 3 weeks ago the seniors decided on an economical sculpture for the senior center courtyard. Frank Calderon commented about the growing trend of Council imposing censure on free speech. Sylvia Herron commented that they do not want to spend $140,000 on a statute for the senior center. Irene Garcia would like the City to budget for trolley shelters. She is in agreement with Paulette Bradley and Sylvia Herron with respect to the senior center sculpture. Milagro Romero commented that a trash company is dumping trash near her home. Yadira Moreno commented on the need for a crosswalk near Helen Keller School. Pearline Calderon commented that it was very rude for Council Member Pedroza to have made the comment, "you wanted a senior center, now you have it". Jack Kean commented he is happy that the Council is talking to the state about purchasing some land in south west Lynwood. Maria Garcia requested payment to the Lynwood Chamber of Commerce. She requested in writing a calendar of payment and conditions of payment. Sal Alatorre inquired what changes are going to be made to Imperial Partners ENA. Alex Landeros commented that the community is confused about the boundaries of the proposed Power Center project. He said that the Council should do more to explain to the community exactly where the proposed Power Center is going to be built. Janet Navarro reported on the Plaza Mexico Foundation. Mayra Cervantes invited the Council and residents to attend the Chivas U.S.A. playoff rally at Plaza Mexico on October 18, 2006 from 7 -9 p.m. Tony Locentes commented that RTS will provide a better revenue stream to the City than other competitors. A representative of United Towing commented on the revenue and services he is proposing to provide for the City. PUBLIC HEARING Item #7 MUNICIPAL CODE AMENDMENT NO. 2006 -05 ENHANCING PARKING PENALTIES IN SCHOOL ZONES It was moved by Council Member Santillan, seconded by Council Member Byrd, and carried to open the public hearing. Grant Taylor introduced the proposed code amendment enhancing parking penalties in school zones. There were no public comments. It was moved by Council Member Byrd, seconded by Council Member Pedroza, and carried to close the public hearing. After discussion, it was moved by Council Member Santillan, seconded by Council Member Pedroza, to waive reading and introduce the ordinance by title only. Direction was given to staff to look into introducing administrative hearings /fines. ORDINANCE FIRST READING ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 7 OF THE LYNWOOD MUNICIPAL CODE BY ADDING NEW SUBSECTION 7 -20.24 ENHANCING PARKING CIVIL PENALTIES IN SCHOOL ZONES. ;3i1MiT_\>m AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE City Clerk Hooper read the ordinance by title only. 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. Mayor Vasquez left the meeting at 6:52 p.m. due to a family emergency. Council Member Pedroza pulled item #12 — ON -CALL COST ESTIMATING SERVICES CONSULTANT SELECTION APPROVAL Council Member Pedroza pulled item #13 — ON -CALL TRAFFIC ENGINEERING SERVICES CONSULTANT SELECTION APPROVAL Council Member Pedroza pulled item #19 — RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDED CITY ATTORNEY LEGAL SERVICES AGREEMENT WITH BELTRAN & MEDINA It was moved by Council Member Pedroza, seconded by Council Member Byrd, to approve the minutes, receive & file staff reports, and adopt the resolutions. Item #8 MINUTES OF PREVIOUS MEETINGS: Regular Meeting — October 3, 2006 Item #9 APPROVAL OF THE WARRANT REGISTER RESOLUTION NO. 2006.188 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE. Item #10 LYNWOOD TROLLEY BUS SERVICE CONTRACT RESOLUTION NO. 2006.189 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO ACQUIRE THE NEW TROLLEY BUS SERVICES CONTRACT THROUGH A FORMAL BIDDING PROCESS. Item #11 PROPOSITION C FUND RE- APPROPRIATION FOR THE IMPERIAL AND MLK INTERSECTION IMPROVEMENT PROJECT RESOLUTION NO. 2006.190 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE COOPERATIVE AGREEMENT FOR THE GATEWAY CITIES TRUCK IMPACTED INTERSECTION PROJECT AND AUTHORIZE THE CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY FUND REAPPROPRIATION OF PROPOSITION C FUNDS FROM THE ATLANTIC AVENUE IMPROVEMENT PROJECT, PROJECT NO. 05 -5313 TO THE TRUCK IMPACTED INTERSECTION PROJECT. Item #14 AWARD OF SANTA FE AVENUE "LANDSCAPED MEDIAN ISLAND" (FROM LOS FLORES BLVD. TO 110TH ST.) IMPROVEMENT PROJECT, PROJECT NO. 05 -5350 RESOLUTION NO. 2006.191 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO APA ENGINEERING INC. FOR ITS ENGINEERING SERVICES FOR THE DESIGN AND PREPARATION OF CONSTRUCTION DRAWINGS AND SPECIFICATIONS FOR THE SANTA FE AVENUE LANDSCAPED MEDIAN ISLAND (FROM LOS FLORES BLVD. TO 110TH ST.) IMPROVEMENT PROJECT, PROJECT NUMBER 05 -5350 AT ITS PROPOSED RATE NOT TO EXCEED $30,895 IN TOTAL AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. Item #15 FUND APPROPRIATION FOR STATE STREET IMPROVEMENT PROJECT, PROJECT NUMBER 05 -5258, FEDERAL PROJECT NO. STPL 5250 (007) RESOLUTION NO. 2006.192 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE CITY MANAGER OR DESIGNEE TO APPROPRIATE AND TRANSFER $177,000 FROM THE UNAPPROPRIATE SURFACE TRANSPORTATION PROGRAM LOCAL (STPL) FUND AND $23,000 FROM PROP C FUND TO THE STATE STREET PROJECT, PROJECT NUMBER 05 -5258, FEDERAL PROJECT NO. 07- LA -0 -LYN STPL 5250 (007). Item #16 REQUEST FOR SPECIAL PERMIT: STATE STREET — NEIGHBORHOOD MEETING Request made by State Street Block Watch to close a portion of State Street, (between Norton Avenue and Martin Luther King Jr. Blvd.) to conduct a Block Watch Event on Saturday, November 4, 2006 from 3:00 pm to 6:00 pm. Approve the street closure for this Neighborhood meeting with a waiver of permit fees for the street closure. Item #17 SPECIAL PERMIT – ETHNIC MARKETING GROUP, PLAZA MEXICO Special permit application by Ethnic Marketing Group to conduct an entertainment festival that includes a stage, music, booths, games, food and beverages in the Plaza Mexico shopping center located at 3100 Imperial Highway. The festival would be conducted on October 29, 2006 from 10:00 a.m. to 6:30 p.m. Approve the application for a special permit pertaining to a festival subject to review from the Los Angeles County Fire and Sheriff's Department. Item #18 LABOR COMPLIANCE POLICY FOR PUBLIC WORKS PROJECTS Receive and file staffs report on the City of Lynwood's policy on labor compliance for public works projects. Item #20 SPECIAL PERMIT REQUEST – ST. PHILLIP NERI CATHOLIC CHURCH RAINBOW FESTIVAL St. Phillip Neri Catholic Church requested a permit to conduct its fall Rainbow Festival on the church property Friday - Sunday, October 20-22, 2006. The hours of operation would be 6:00 P.M. – 10:00 P.M. on Friday, Saturday 2:00 P.M. – 10:00 P.M. and Sunday, 8:00 A.M. – 10:00 P.M. The money raised from this event is allocated to subsidize school tuition. Approve this request with the following conditions: 1. The applicant agrees to comply with the City of Lynwood permit requirements. 2. The applicant agrees to meet applicable requirements imposed by the Sheriff's Department, Fire Department, and Health Department. 3. The applicant agrees to comply with the noise levels prescribed in the Lynwood Municipal Code. Item #21 SPECIAL PERMIT REQUEST — PLAZA MEXICO, DAY OF THE DEAD Special Permit Request by Plaza Mexico to conduct the traditional Dia de los Muertos (Day of the Dead) Festival that includes live entertainment on October 4 and 5, 2006. The Festival will run from October 28 to November 25, 2006 and include 12 hand craft booths, 15 exhibition booths, stage and generator. Approve the application with payment of fees and any Sheriff /Fire conditions. ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: VASQUEZ Item #12 ON -CALL COST ESTIMATING SERVICES CONSULTANT SELECTION APPROVAL Council Member Pedroza pulled this item. After discussion, it was moved by Council Member Pedroza, seconded by Council Member Byrd, to approve the Resolution. RESOLUTION NO. 2006.193 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE SELECTION OF TURBO CM AND ABACUS PROJECT MANAGEMENT, INC. TO PROVIDE ON -CALL COST ESTIMATING SERVICES TO THE CITY OF LYNWOOD FOR A PERIOD OF THREE (2) YEARS. ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: VASQUEZ Item #13 ON -CALL TRAFFIC ENGINEERING SERVICES CONSULTANT SELECTION APPROVAL Council Member Pedroza pulled this item. After discussion, it was moved by Council Member Santillan, seconded by Council Member Byrd, to approve the Resolution. RESOLUTION NO. 2006.194 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE SELECTION OF DAVID EVANS AND ASSOCIATES TO PROVIDE ON -CALL TRAFFIC ENGINEERING SERVICES TO THE CITY OF LYNWOOD FOR A PERIOD OF THREE (3) YEARS AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. 3e7��H1� AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: VASQUEZ Item #19 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDED CITY ATTORNEY LEGAL SERVICES AGREEMENT WITH BELTRAN & MEDINA Council Member Pedroza pulled this item to Closed Session. DISCUSSION ITEMS Item #22 CONSIDERATION OF A NON - EXCLUSIVE TOWING SERVICE PROVIDER N. Enrique Martinez and Grant Taylor introduced this item regarding non - exclusive towing service provider. Mayor Pro Tern Johnson pulled this item to closed session. ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: PEDROZA,VASQUEZ Item #23 SPECIAL PERMIT — MASSAGE /SKIN CARE 11254 ATLANTIC AVENUE, UNIT #2 Grant Taylor introduced this item regarding the request for special permit. It was moved by Council Member Santillan, seconded by Council Member Pedroza, to approve a special permit for Maria Eugenia Flores to operate as an "esthetician" to perform services including facials, back facials, waxing and parafu wax within a 580 square foot tenant space on property located at 11254 Atlantic Avenue in the C -3 (Heavy Commercial) zone. Approve the application pursuant to passing a background investigation. ROLL CAL AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: VASQUEZ Item #24 EXPIRATION OF THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY AND LEGISLATIVE ADVOCACY GROUP, INC. TO PROVIDE STATE ADVOCACY SERVICES AND CONSIDERATION OF RETAINING CONSULTANT AND /OR LOBBYIST SERVICES TO PURSUE FUNDING FROM THE STATE ALLOCATION BOARD Lorry Hempe introduced this item regarding consulting agreement between the City and Legislative Advocacy Group, Inc. After discussion, it was moved by Council Member Santillan, seconded by Council Member Pedroza, to extend the contract for one month to November 30, 2006. 3eIMHt1 AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: VASQUEZ Item #25 APPROVAL TO EXTEND THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY AND DAVID AND TURCH AND ASSOCIATES TO PROVIDE FEDERAL ADVOCACY SERVICES AND CONSIDERATION OF RETAINING FEDERAL ADVOCACY SERVICES FOR THE FY 2008 FEDERAL APPROPRIATIONS CYCLE Lorry Hempe introduced this item regarding consulting agreement between the City and David Turch and Associates. After discussion, it was moved by Council Member Santillan, seconded by Council Member Byrd, to approve the Resolution. RESOLUTION NO. 2006.195 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE EXTENSION OF CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF LYNWOOD AND DAVID TURCH AND ASSOCIATES UNTIL JANUARY 31, 2007 AND TO AUTHORIZE STAFF TO SOLICIT PROPOSALS FROM FEDERAL LOBBYISTS WHO RESPONDED TO THE CITY'S 2005 RFP TO ADVANCE THE CITY'S LEGISLATIVE PRIORITIES. ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: VASQUEZ Item #26 SPECIAL REQUEST FOR HANGING OF LYNWOOD ROTARY CLUB BANNERS G. Daniel Ojeda introduced this item regarding special request for hanging of Lynwood Rotary Club banners. After discussion, it was moved by Council Member Byrd, seconded by Council Member Pedroza, to approve the special request and waive the special permit fee to allow the Lynwood Rotary Club to hang two club banners across Imperial Highway at Bullis Road and Martin Luther King Jr. Boulevard at Bullis Road. These banners will be displayed for the month of October 2006. ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: VASQUEZ Item #27 SECOND READING OF ORDINANCE — ADOPTION OF AN ORDINANCE TO GOVERN THE PURSUIT OF GRANT FUNDING, AND THE SOLICITATION OF GIFTS AND DONATIONS TO THE CITY It was moved by Council Member Pedroza, seconded by Council Member Santillan, to adopt the Ordinance. ORDINANCE NO. 1587 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING SECTION 6 -7 TO THE LYNWOOD MUNICIPAL CODE ESTABLISHING A POLICY GOVERNING GRANTS, DONATIONS AND GIFTS TO THE CITY AND CONDITIONS OF ACCEPTANCE THEREFOR, DELEGATING LIMITED AUTHORITY TO CITY STAFF TO SOLICIT AND ACCEPT GRANTS, DONATIONS AND GIFTS, AND PROVIDING FOR ESTABLISHMENT OF ADMINISTRATIVE GUIDELINES TO GOVERN DISPOSITION THEREOF. The implementation of the policy shall take effect immediately. ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: VASQUEZ SUBSEQUENT NEED ITEM Item #27A PLAZA MEXICO AND CHIVAS USA PLAYOFF RALLY It was moved by Council Member Pedroza, seconded by Council Member Santillan, to add the subsequent need item to the agenda and determined that: 1) This agenda item came to the attention of the Council after the agenda was posted. 2) This agenda item requires immediate action. ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: VASQUEZ After discussion, it was moved by Council Member Santillan, seconded by Council Member Pedroza, to approve the Chivas USA playoff rally. ROLL CALL: AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: VASQUEZ CLOSED SESSION Item #28 With respect to every item of business to be discussed in closed session pursuant to Section 54956.8: A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Properties: See listing of properties by Address and Assessor Parcel Numbers in Attachment "A" to this agenda. City Negotiator: City Council, City Manager, City Attorney, Development Services Director and Universal Field Services, Inc. Negotiating: See listing of properties and property owners ( "Seller" or "Seller's ") in Attachment "A" to this agenda. Under Negotiation: Price and terms of payment — Seeking authority to make offer to Seller's for acquisition of property and, where appropriate, value of immovable fixtures and equipment, provision of appropriate relocation benefits and compensation for potential loss of goodwill to parties legally entitled thereto. B With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: Three (2) Cases It was moved by Council Member Byrd, seconded by Council Member Pedroza, and carried to recess to Closed Session at 8:42 p.m. Council reconvened at 10:05 p.m. City Attorney Beltran stated that Mayor Vasquez did not participate during the discussion of Closed Session. The Council met on the aforementioned matters and with respect to the following: A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Properties: See listing of properties by Address and Assessor Parcel Numbers in Attachment "A" to this agenda. City Negotiator: City Council, City Manager, City Attorney, Development Services Director and Universal Field Services, Inc. Negotiating: See listing of properties and property owners ( "Seller" or "Seller's ") in Attachment "A" to this agenda. Under Negotiation: Price and terms of payment — Seeking authority to make offer to Seller's for acquisition of property and, where appropriate, value of immovable fixtures and equipment, provision of appropriate relocation benefits and compensation for potential loss of goodwill to parties legally entitled thereto. No action was taken. B With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: Three (2) Cases On both cases the Council reached consensus (4 -0 -1, Vasquez absent) and provided further instructions to staff regarding the possible disposition of the matter. Item #19 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDED CITY ATTORNEY LEGAL SERVICES AGREEMENT WITH BELTRAN & MEDINA Upon returning from Closed Session, Mayor Pro Tern Johnson reported that this item was being continued to the next council meeting. Item #22 CONSIDERATION OF A NON - EXCLUSIVE TOWING SERVICE PROVIDER Upon returning from closed session, it was moved by Council Member Byrd, seconded by Council Member Santillan, to direct staff to return with two (2) non - exclusive towing agreements for Mr. C's Towing and RTS Towing, return an amendment to Lynwood Municipal Code Section 7 -23 changing exclusive towing to non - exclusive towing services and prepare an administrative policy document setting forth provisions for non- exclusive towing services. ROLL CALL AYES: COUNCIL MEMBERS BYRD, JOHNSON, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: PEDROZA,VASQUEZ ADJOURNMENT Having no further discussion, it was moved by Council Member Byrd, seconded by Council Member Santillan, and carried to adjourn the regular Lynwood City Council meeting at 10:14 p.m. Leticia Vasquez, Mayor Andrea L. Hooper, City Clerk AGENDA STAFF REPORT IW DATE: November 7, 2006 TO: Honorable Mayor &City Council M�/ APPROVED BY: N. 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O 0 01Cn o ow V V NON W W O NO MM O0)OOm 0 V Y YYA 0"000 W W 00 m W 00 V N011"9 O N A P 0 0 N m Wtn 0 N 0 M0 D M M a Z it M z 6 S Yk m a O M Z D T a n n M m H o z m� a H D 3 Z N S D ti a D H m G ti b P £ < D M o -h M D zr H < M £ mo n O .0 N H m M �.- W W W W W W W W W� D ..1WW W W Wm W N NM?NN Pd Rl NI Dam V G^u Z 1 # i < n z U. S P Y 0 � O V N 10004 A <En NU V 010 roan <x££LM££� < 0 9 D m❑ S O m D m Cgr.D. 3 mmr. uw A Z Ol7 D mZ� b m m z W W W 3 m-4N m ..2 3 O W W M O>M < 3 l V U ZDZn RNV <-f m - .+ m b 0 -q - ❑ 1 . µW W Z W. D N N O 0 A X 10 1 t Y U r� O U W Z V W 0 V N CJ N i Pi 0mDt m 1 0 >� (n N W 0"M.-Mm m M D 2 m b "0 A 07 m f'�-� -i ly W D MM- m H N M f�A .'9 N N M -q N < Z A< R o -4 07mtj m D z (n mo o.. N mH - 3m 4 mm(!1- 3 m0 Z ca W 0 N N O N O7 r : [7 £ D D N N 00000000 m m A v '414 V Z J 1 1 1 PPUPPP O`@ W N N 0 o m N 0 WNUN 04 D p N D OJ NAU 0N4 CJN C 0 Z N N V O O m 0 0 --1 AGENDA STAFF REPORT MEJ DATE: November 7, 2006 TO: Honorable Mayor & City Council Me J/ . APPROVED BY: N. Enrique Martinez, City Manage ��VX"1�' PREPARED BY: William A. Rawlings, Redevelopment Direc`tor�y� Tranda Drumwright, Housing Manager ll�� "" SUBJECT: Reimbursement of HOME Program funds for terminated projects Recommendation: STAFF REQUESTS THAT THE CITY COUNCIL ADOPT THE ATTACHED RESOLUTION TITLED: "A RESOLUTION AUTHORIZING A LOAN ($613,425) BETWEEN THE CITY OF LYNWOOD AND THE LYNWOOD REDEVELOPMENT AGENCY FOR THE REPAYMENT OF HOME FUNDS TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND THE APPROPRIATION OF $613,425 FROM THE GENERAL FUND BALANCE (FUND #01) ". Background: In the past year, a number of projects utilizing Federal HOME Program funds were found to be ineligible and have been classified as "terminated projects ". On April 5, 2006 the Interim Director, and several city staff met with HUD staff to discuss compliance issues and it was determined that several projects met HUD's definition of "terminated projects ". Terminated projects are those that have not been completed in a timely manner or those that do not meet HOME project requirements. HOME funds are to be utilized to provide affordable housing opportunities to low income individuals and families. The City must ensure project requirements are met when investing HOME funds by establishing affordability periods with deed restrictions, and covenants running with the land. Unfortunately, in prior years staff failed to record deed restrictions or covenants on several HOME funded projects. Any HOME funds invested in terminated projects must be repaid with non - federal dollars. AGENDA ITEM 1 Discussion and Analysis The following HOME assisted projects are terminated as defined by HUD and require the repayment of HOME Program funds from the General fund: Projects Amount Invested Amount to be Repaid from General fund 3571& 3599 Lynwood Road $104,764 $104,764 12033 Atlantic Avenue $45,000 $45,000 11434 State Street $380,322 $380,322 5206 -5208 MLK Blvd $75,711 $ 75,711 File cannot be found $7,628 $7,628 Total $613,425 $613,425 Fiscal Impact: A total of $613,425 of City general funds need to be returned to HUD for the repayment of terminated projects. HUD has agreed to a partial payment of half due ($306,712.50) immediately and the remaining balance ($306,712.50) due on September 30, 2007. The Redevelopment Agency will repay the principal and interest of the loan over a 5 -year term commencing on September 30, 2007, at 5% simple interest. The total loan amount will be appropriated from the General Fund Balance (Fund #01). However, Agency staff will continue to pursue alternative funding sources for the remaining balance. The terms of the loan between the City and the Redevelopment Agency is detailed in Attachment A- "Promissory Note ". In accordance with HOME regulations at 24 CFR Part 92.502, funds drawn down and not expended on eligible cost must be returned to HUD for deposit into the participating jurisdiction's HOME Investment Trust Account. The funds in the Investment Trust Account would then be used on eligible activities such as the construction of new affordable housing units or housing rehabilitation activities. Coordinated With: Finance Department RESOLUTION NO. A RESOLUTION AUTHORIZING A LOAN ($613,425) BETWEEN THE CITY OF LYNWOOD AND THE LYNWOOD REDEVELOPMENT AGENCY FOR THE REPAYMENT OF HOME FUNDS TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND THE APPROPRIATION OF $613,425 FROM THE GENERAL FUND BALANCE (FUND #01) ". WHEREAS, The following homes were built or renovated with HOME funds: 3571 and 3599 Lynwood Road, $104,764; 12033 Atlantic Avenue, $45,000; 11434 State St., $380,322; 5206 through 5208 Martin Luther King Blvd., $75,711; and a single - family rehabilitation project, $7,628; and WHEREAS, The homes are ineligible for HOME funds for various reasons including the absence of deed restrictions on the units, and therefore the use of Federal HOME funds is not appropriate; and WHEREAS, The projects meet the definition of a terminated project pursuant to HUD guidelines for the HOME program and therefore the Agency intends to refund the Federal HOME funds utilized to build or rehabilitate these homes. NOW THEREFORE, the City of Lynwood does hereby find, proclaim, order and resolve as follows: Section 1. The projects located at 3571 and 3599 Lynwood Road, $104,764; 12033 Atlantic Avenue, $45,000; 11434 State St., $380,322, 5206 through 5208 Martin Luther King Blvd., $75,711 and $7,628; are hereby terminated. Section 2. The City of Lynwood authorizes the termination of the projects listed in Section 1 and the repayment of HOME funds utilized for those projects to the Department of Housing and Urban Development ( "HUD "). In an agreement with HUD, the City is required to submit half ($306,712.50) of the repayment immediately and the remaining balance ($306,712.50) no later than September 30, 2007. Section 3. Authorized the Mayor to sign Attachment B- 'Repayment Agreement'. Section 4. Transfer funds as a loan to the Lynwood Redevelopment Agency from the General Fund Balance (Fund #01) for disbursements to HUD. Section 5. This resolution shall go into effect immediately upon its adoption by the City. PASSED, APPROVED, and adopted this 7th day of November 2006. Andrea L. Hooper, City Clerk APPROVED AS TO FORM: City Attorney Leticia Vasquez, Mayor N. Enrique Martinez, City Manager APPROVED AS TO CONTENT: William A. Rawlings, Director of Redevelopment A , Attachment A PROMISSORY NOTE Principal For value received as evidenced by that certain Repayment Agreement, of even date between, THE LYNWOOD REDEVELOPMENT AGENCY, a public body corporate and politic (Agency) and THE CITY OF LYNWOOD, a public body, corporate and politic (ACity @) the Agency) promises to pay to City at the following address, 11330 Bullis Road, Lynwood, California 90262, the sum of $613,425 with interest as provided herein. Said sum with interest shall be paid as follows: a first installment of Three Hundred Six Thousand Dollars Seven Hundred and Twelve Dollars and fifty cents ($306,712.50) on or before November 8, 2006; a second installment of Three Hundred Six Thousand Dollars Seven Hundred and Twelve Dollars ($306,712.50) and 12 cents on or before September 30, 2007. The total sum of the First Installment and Second Installment shall be known as the "Principal Sum ". The obligation created hereby shall be known as the Note. City Loan Pursuant to the terms and conditions set forth in the Repayment Agreement, the City has agreed to repay United States Department of Housing and Urban Development "HUD" on behalf of the Agency the amount of $613,425 to the extent such is needed. The City has accepted this Note as payment. Repayment The Agency will repay the outstanding balance of the Note in two installments as specified hereinabove with 5% simple interest. Although the total Principal Sum of this Note is $613,425 the Agency and City have concurrently herewith agreed in the Repayment Agreement that Agency's obligation hereunder only extends to sums of money actually paid by the City to HUD (which sums may be less than $613,425.00) with interest and to no other sums. The installment payments as described hereinabove shall be calculated based on the outstanding balance of monies actually paid by the City to the HUD, but under no circumstances shall the Agency's total obligation to the City exceed the sum of $613,425 with 5% simple interest. 4. Prepayment Agency may prepay the outstanding principal balance of the Note, in whole or in part, at any time without penalty. 5. Lawful Money ZACity of Lynwood \promissory Note 2.wpd M 1 � Principal payments on the Note shall be payable in lawful money of the United States of America. 6. Application of Payments Payments on the Note received by the City shall be applied to the outstanding accrued interest first, then the balance shall be applied to the Principal Sum. Severability Every provision of this Note is intended to be severable. In the event any term or provision hereof is declared by a court of competent jurisdiction, to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable. 9. Interest Rate Limitation It is the intent of the City and the Agency in the execution of this Note that the loan evidenced hereby be exempt from the restrictions of the usury laws of the State of California. The Agency and City stipulate and agree that none of the terms and provisions contained herein shall ever be construed to create a contract for the use, forbearance or detention of money, requiring payment of interest at a rate in excess of the maximum interest rate permitted to be charged by the laws of the State of California. In such event, if the City shall collect monies which are deemed to constitute interest which would otherwise increase the effective interest rate on this Note to a rate in excess of such maximum rate the monies that amount to such excess shall, at the option of the City, be credited to the payment of the sums due hereunder or returned to City. Dated: 2006 Lynwood Redevelopment Agency ZACity of Lynwood \promissory Note 2.wpd Attachment B REPAYMENT AGREEMENT WHEREAS, it has been determined that the necessary deed restrictions on various HOME projects were not recorded thereby making such HOME projects ineligible for Federal HOME funds; WHEREAS, the Department of Housing and Urban Development (hereinafter "HUD ") has requested the repayment of the Federal HOME funds utilized in those specific terminated projects outlined in a letter attached to this Agreement as exhibit A which were ineligible for Federal HOME funds; WHEREAS, the City of Lynwood has agreed to repay the Federal HOME funds for those specific terminated projects in two separate installments of $306,712.50 payable on November 8, 2007 and September 30, 2007 for a total of $613,425; WHEREAS, the City has passed a resolution authorizing the payment of $613,425 to HUD for the ineligible projects; WHEREAS, the Agency was responsible for administering the HOME funds for the City and the payment of those HOME funds to ineligible projects and will be seeking deed restrictions for the various identified projects set forth in exhibit A or seek reimbursement from responsible parties for the funds disbursed to those ineligible projects prior to the payment of the September 30, 2007 installment to HUD; WHEREAS, the City of Lynwood (hereinafter "City") and Lynwood Redevelopment Agency (hereinafter "Agency ") desire to enter into an Agreement for the Repayment of these funds for these terminated projects; and NOW THEREFORE, the City and Agency agree as follows: Section 1: The City agrees to repay HUD the sum of $306,712.50 ( "First Installment') on November 8, 2007 for the terminated projects. The City further agrees to repay HUD the sum of $306,712.50 on September 30, 2007 ( "Second Installment') to the extent such payment is necessary to repay HUD for terminated projects. The total sum of the First Installment and the Second Installment shall be the Outstanding Balance ( "Outstanding Balance "). For the value received, the Agency shall execute a duly authorized Promissory Note ( "Note ") promising to repay the City the Outstanding Balance. ZACity of Lynwood \promissory Note 2.wpd Section 2: The Agency agrees to utilize its best efforts to eliminate the necessity of repaying HUD the Second Installment sum of $306,712. On or before September 1, 2007, the Agency will inform the City of its efforts to eliminate or reduce this payment and the amount the City will need to pay HUD for the terminated projects, not to exceed $306,712. Section 3: Upon determination of the Outstanding Balance on September 1, 2007, the Agency and City shall create a payment schedule for the repayment of the Outstanding Balance. Said Repayment schedule shall provide for the Agency to pay the City 5% simple interest and principal on the Outstanding Balance in five equal annual installments commencing September 30, 2007 and continuing thereafter until September 30, 2011. Section 4: Agency may prepay the outstanding principal balance of the Note, in whole or in part, at any time without penalty. Section 5: Payments on the Note received by the City shall be applied to the outstanding accrued interest first, then the balance shall be applied to the Principal Sum. Section 6: City hereby waives diligence, presentment, protest and demand, notice of protest, dishonor and nonpayment of the Note, and expressly agrees that, without in any way affecting the liability of City hereunder, the City may extend any maturity date or the time for payment of any installment due hereunder, accept additional security, release any party liable hereunder and release any security now or hereafter securing this Note. City further waives, to the full extent permitted by law, the right to plead any and all statutes of limitations as a defense to any demand on this Note. Section 7: Every provision of this Repayment Agreement is intended to be severable. In the event any term or provision hereof is declared by a court of competent jurisdiction, to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable. Section 8: Z: \City of Lynwood \promissory Note 2.wpd This Agreement may be signed in counterparts, each of which shall be deemed to be an original and each of which shall be deemed to be one and the same instrument when each Party signs each such counterpart. Section 9: This Agreement shall not be construed more strictly against one party hereto than against any other party hereto merely by virtue of the fact that it may have been prepared by counsel for one of the parties. Lynwood Redevelopment Agency City of Lynwood Z: \City of Lynwood \promissory Note 2.wpd p ,4ENip t 811 III � �M10[VF Mr. Enrique Martinez City Manager City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Dear Mr. Martinez: U.S. Department of Housing and Urban Development Office of Community Planning and Development Los Angeles Field Office, Region IX 611 West Sixth Street, Suite 1100 Los Angeles, California 90017 SUBJECT: April 5, 2006 HOME Investment Partnerships Program (HOME) Technical Assistance On -Site Visit This letter summarizes the discussion and recommendations made by my staff on April 5, 2006 to help the City of Lynwood meet its HOME program commitment, Community Housing Development Organization (CHDO) reservation, and expenditure obligations. The purpose of HUD's visit was to provide technical assistance to City staff so that Lynwood would not be subject to having HOME funds de- obligated again as occurred last year. Lynwood staff in attendance Don Vestal, Interim Redevelopment Director Kathy Johnston, Housing Manager Gayle Bloomingdale, HOME program consultant Leaonna Fletcher, Senior Housing Rehabilitation Specialist Annette Potts, Deputy Director, Administrative Services HUD staff in attendance Wayne S. Itoga, Program Manager Ricardo Miranda, Senior Community Planning and Development Representative N. Dean Huseby, Community Planning and Development Representative In the meeting, HUD staff emphasized that the City of Lynwood should focus on the commitment shortfall of $1,197,019 and CHDO reservation shortfall of $104,540 prior to the August 31, 2006 statutory deadline. CHDO reservation counts toward the commitment shortfall. We also noted that the City has not disbursed any CHDO funds since 2000 and has $599,237.93 of CHDO funds available to disburse as of April 19, 2006. We urge the City to expend these funds as soon as possible or risk losing them as HOME regulation at 24 CFR Part 92.500(d)(1)(C) requires all HOME funds to be expended within five years. For the technical assistance visit, we also recommended that the City should include HOME program income and recaptured funds in the upcoming Program Year 2006 (7/1/06 — 6/30/07) Action Plan in terms of committing these funds to eligible affordable housing projects. Any interest earned on the program income and recaptured funds should be remitted to the U.S. Exhibit A 2 Treasury. Please contact Frank Caballero, HUD Senior Financial Analyst, at (213) 534 -2559, for instructions on how to wire transfer interest to the U.S. Treasury. Seven projects that were still open in the Department's Integrated Disbursement and Information System (IDIS) were not eligible under the HOME program regulations. The City agreed to reimburse the HOME program line of credit for these open/terminated projects no later than September 30, 2006. Again, please contact Frank Caballero, HUD Senior Financial Analyst, at (213) 534 -2559, for instructions on how to wire transfer funds to the HOME program line of credit. HUD staff recommended several strategies to commit large amounts of HOME funds in order to meet the August 31, 2006 statutory commitment and CHDO reservation deadline: (1) Acquisition of property as long at it meets the Section 221(d)(3) maximum per unit subsidy limits pursuant to HOME regulation at 24 CFR Part 92.250 and property purchase price and after - rehabilitation value limits in accordance with 24 CFR Part 92.254(a)(2); (2) Rehabilitation of multifamily housing buildings as long at it meets the Section 221(d)(3) maximum per unit subsidy limits pursuant to HOME regulation at 24 CFR Part 92.250; (3) Reserving more than 15 percent to a CHDO through a reservation agreement pursuant to CPD Notice 01 -13 as the affordable housing units do not have to be identified and funds reserved to CHDOs count towards commitment. HUD staff recommended a "claw back" clause in the reservation agreement that the City can cancel the contract if the CHDO does not identify a project or affordable housing units, have site control or begin construction or rehabilitation by a target date; (4) Prior to identifying specific affordable housing projects and units, Lynwood City Council should enter into a subrecipient agreement with the Redevelopment Agency through a signed contract between the Mayor and Redevelopment Director that meets the criteria of the HOME written - agreement regulation at 24 CFR Part 92.504(c)(2). Specific amount of funds for different types of programs should be identified for example $300,000 for single - family housing rehabilitation, $200,000 for single - family first -time homebuyers, $90,000 for CHDO reservation, $60,000 for administration, etc. The City still must meet the requirements for HOME commitment and written - agreement regulations at 24 CFR Part 92.2 and 92.504(c)(3) and (5). However, the subrecipient agreement meets the commitment requirement for CPD Notice 01 -13; and (5) We discourage the use of HOME funds for single- family homeownership programs at this time given the high market prices of homes in Southern California. It is difficult to find properties that meet the affordable housing requirements for eligible properties pursuant to the property purchase -price and after- rehabilitation value limits in accordance with 24 CFR Part 92.254(a)(2). HOME funds cannot be used for market -rate housing. The purchase price of the property can only be the Federal Housing Administration's (FHA) Section 203(b) limit of $362,790 for Los Angeles County or 95 percent of the median property purchase price determined by conducting a local housing market study for at least a three -month period pursuant to HOME regulation at 24 CFR Part 92.254(a)(2)(iii). We hope that this on -site technical assistance visit will help the City of Lynwood meet its HOME program commitment, Community Housing Development Organization (CHDO) reservation, and expenditure obligations, especially the August 31, 2006 statutory commitment and CHDO reservation deadline. Should you have further questions or need additional assistance, please contact Mr. Ricardo Miranda, Senior Community Planning and Development Representative, at (213) 534 -2564. Sincerely, Robert G. Ilumin Deputy Director Los Angeles Office of Community Planning & Development cc: Kathy Johnston 9DDM1 9DDM1 9DDM1 RMiranda NDHuseby WItoga AGENDA STAFF REPORT DATE: November 7, 2006 TO: HONORABLE MAYOR AND CITY C//� /U� MEMBERS APPROVED BY: N. Enrique Martinez, City Managerp� PREPARED BY: Lorry Hempe, Assistant City Manager I V SUBJECT: AWARD OF CONTRACT TO AN OFF-S RECORDS STORAGE FACILITY AND AMENDMENT OF RESOLUTION 2006.139 Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING RESOLUTION 2006.139 AND AUTHORIZING THE CITY TO ENTER INTO A SERVICE AGREEMENT WITH GRM INFORMATION MANAGEMENT SERVICES OF CALIFORNIA, LLC FOR A TERM NOT TO EXCEED TWO (2) YEARS AT A COST NOT TO EXCEED $17,000 A YEAR TO PROVIDE TRANSPORT, STORAGE, DESTRUCTION, ARCHIVE AND RETRIEVAL SERVICES FOR HARD COPY RECORDS, AND FURTHER AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT." Background: On August 1, 2006, the City Council approved Resolution 2006.139 authorizing staff to negotiate with FileKeepers to provide transport, storage, archive and retrieval services for hard copy records. Negotiations resulted in a standstill as both parties could not come to terms relative to insurance and indemnification provisions. Discussion and Analysis: Staff approached GRM Information Management Services of California, LLC (GRM), one of the three (3) off -site facilities that were on the short-list based on staff's evaluation. The three (3) vendors on the short list were Filekeepers, GRM and King Data Services. GRM is also the recommended vendor of the Selection AGEN[ Panel. A Selection Panel consisting of a representative from the Finance ITEM 1 Department, the City Clerk's Office and the City's Personnel Commission interviewed the short listed companies and toured the off -site facilities. GRM meets the scope of services delineated in the Request for Proposals, although their prices were slightly higher than Filekeepers or King Data Services. GRM unlike King Data Services is web based accessible. This would make it easier for staff to conduct its day to day transaction with the company because of the web based capability. Fiscal Impact: The estimated cost of $17,000 for services relating to transport, storage, and destruction and retrieval services of hard copy records is included in the FY 06/07 Budget as amended by City Council Resolution 2006.139 and Lynwood Redevelopment Agency Resolution 2006.035. Coordinated With: City Attorney's Office Finance & Administrative Services Attachment: Draft Service Agreement FE! RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING RESOLUTION 2006.139 AND AUTHORIZING THE CITY TO ENTER INTO A SERVICE AGREEMENT WITH GRM INFORMATION MANAGEMENT SERVICES OF CALIFORNIA, LLC FOR A TERM NOT TO EXCEED TWO (2) YEARS AT A COST NOT TO EXCEED $17,000 A YEAR TO PROVIDE TRANSPORT, STORAGE, DESTRUCTION, ARCHIVE AND RETRIEVAL SERVICES FOR HARD COPY RECORDS, AND FURTHER AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, on February 7, 2006 the City Council adopted a policy to provide for efficient, effective and economical controls over the creation, utilization, maintenance, retention, preservation and disposal of all records of the City; and WHEREAS, an off -site storage facility provides an alternate solution to storage problems because of limited storage space in- house; and WHEREAS, on August 1, 2006, the City Council adopted Resolution No. 2006 -139 authorizing staff to negotiate with Filekeepers and authorizing the Mayor to execute an agreement with Filekeepers; and WHEREAS, negotiations with Filekeepers resulted in a standstill with either party not being able to come to terms relative to certain provisions in the proposed agreement; and WHEREAS, GRM Information Management Services of California, LLC, one of the respondents to the City's RFP on off -site storage, one of the three (3) short- listed vendors based on the City's evaluation, and the recommended vendor by the Selection Panel, is willing to provide the City off -site records storage services. NOW, THEREFORE the City Council of the City of Lynwood does hereby find, determine, order and resolve as follows: Section 1: That the City authorizes the Mayor to execute a Service Agreement, at a form approved by the City Attorney, with GRM Information Management Services of California, LLC for the transport, storage, archive, destruction and retrieval services in an amount not to exceed $17,000 a year for a term not to exceed two (2) years. .97 Section 2: That the City Council rescinds its former authorization to the Mayor to execute an agreement with FileKeepers made under Resolution No. 2006.139. Section 3: Except as amended herein, the terms of Resolution No. 2006.139 adopted by the City Council on August 1, 2006, shall remain in effect. Section 4: The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED and ADOPTED this 7"' day of November 2006. ATTEST: ANDREA L.HOOPER CITY CLERK APPROVED AS TO FORM: J. ARNOLDO BELTRAN CITY ATTORNEY LETICIA VASQUEZ, MAYOR N. ENRIQUE MARTINEZ CITY MANAGER LORRY HEMPE ASSISTANT CITY MANAGER n RECORDS STORAGE SERVICES AGREEMENT This agreement ( "Agreement ") is made as of November 20, 2006 by and between the City of Lynwood, a municipal corporation ( "City ") and GRM Information Management Services of California, LLC, a Delaware Limited Liability Company qualified to do business in California ( "Contractor "). City and Contractor are sometimes hereinafter individually referred to as a "Party' and collectively referred to as the "Parties." RECITALS WHEREAS, City desires to utilize the services of Contractor as an independent contractor to provide a full records and information management services for record /document transport, archiving, storage, shredding, recycling and retrieval services to City as set forth in the attached Exhibit A; and WHEREAS, Contractor represents that it is fully qualified to perform such services by virtue of its experience, training, and expertise of its principals and employees; and WHEREAS, Contractor represents that it has the facility to safely store the City's records and prevent damages and losses to those records; and WHEREAS, Contractor represents that it has the capability to retrieve, transport, deliver or shred records in accordance to the City's policies and standards. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the Parties hereto agree as follows: 1. Contractor's Services. A. Scope of Services The nature and scope of the specific services to be performed by Contractor are as described in Exhibit "A." B. Time of Performance Contractor shall complete the specific services according to the schedule of performance which is set forth in Exhibit "C." C. Fee Schedule The fees to be paid by City for the records storage and related services shall be as set forth in Exhibit "D." 2. Term of Agreement. This Agreement shall commence on December 1, 2006 (the "Commencement Date ") and shall terminate on November 30, 2008 (the 'Termination Date "), unless sooner terminated pursuant to the provisions of this Agreement. On or before ninety (90) days prior to the Termination Date, Contractor and City 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 - 1 - Termination Date, this Agreement shall continue on a month -to -month basis under the same terms, except that either Party shall have the ability to terminate, this Agreement, with or without cause, by giving the other Party not less than thirty (30) days advance written notice. 3. Compensation. A. City agrees to compensate Contractor for services under this Agreement in compliance with the schedule set forth in Exhibit "D." Payment 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 monthly services performed together with the hours spent on each service. B. Total payment to Contractor pursuant to this Agreement shall not exceed SEVENTEEN THOUSAND DOLLAR ($17,000.00) per year. City shall pay Contractor for services performed by Contractor within thirty (30) days following approval by City of original invoices thereof in accordance to the fees set forth in Exhibit D. 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. City City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Attn: Mr. N. Enrique Martinez, City Manager Contractor GRM Information Management Services of California, LLC, 8500 Mercury Lane Pico Rivera, CA 90660 Attn: Noelle Blue 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 (three (3) pages) Exhibit B — General Terms and Conditions (seven (7) pages) Exhibit C - Time of Performance (one (1) page) Exhibit D - Fee Schedule (four (4) pages) - 2 - N IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates written below. CITY CITY OF LYNWOOD By: Leticia Vasquez, Mayor Date CONTRACTOR GRM Information Management Services of California, LLC, a Delaware Limited Liability Company qualified to do business in California. By: Jacques Grandjean, General Manager Date ATTEST: By: Andrea L. Hooper, City Clerk APPROVED AS TO FORM: By: J. Arnoldo Beltran, City Attorney - 3 - EXHIBIT "A" SCOPE OF SERVICES The scope of services outlined below is designed to accomplish the purpose of achieving the City's objective of efficiently and effectively managing storage, indexing, transportation, shredding and retrieval of hard copy records and information. 1. Contractor shall provide secure pick up, archival, retrieval, delivery, and shredding /recycling of hard copy records and information. 2. Contractor shall provide storage containers and archive management supplies that will accommodate the City's needs if needed. 3. Contractor shall maintain and supply to City records /reports detailing shredded and recycled documents, and shall estimate the volume of the shredded and recycled documents to comply with the City's waste diversion mandate. 4. Contractor and City shall establish a procedure governing requests for document shredding and recycling to conform with the City's protocol for authorization prior to processing requests for document shredding and recycling. 5. Contractor shall ensure the safety of the City's hardcopy records and information. 6. Contractor shall provide storage location that will ensure convenient access by the City. 7. Contractor shall provide safe and secure storage facility that would ensure preservation of the City records and information. 8. Contractor shall provide barcode and indexing system to automate the storage and tracking of records and information for ease and convenience. 9. Contractor shall provide a storage facility that is equipped to protect the City's records as follows: Fire Detection System that are compliant with local Fire Department standards and requirements Consulting Services Agreement • Smoke and Heat Detection System • Security Systems • Uninterrupted Power Supply System • Other required facility improvements compliant with the local Fire Department, Building and Safety, and other applicable local, state and federal building code requirements. 10.Contractor shall provide safe storage of videotapes and audiotapes in a climate - controlled environment. The City can consider contractor direct storage of these items at another site upon approval from the City. 11.Contractor shall provide document retrieval, delivery or pickup services within 24 hours upon request by City and shall also provide for rush services such as two to four hours retrievals upon request. 12.Contractor shall provide web access to allow the City to update order retrieval or pickup, or order shredding of records from a City in -house computer workstation. 13.Contractor shall provide high - quality containers to properly store the City's records and information. 14.Contractor shall provide storage to accommodate various types of storage containers /boxes such as, but not limited to, standard, expandable, letter and legal size boxes, computer report storage, or architectural blueprint storage (large and small). 15.Contractor shall allow the City to provide its own storage boxes or containers if the City Manager or his designee deems it cost effective to purchase them elsewhere. 16. Contractor shall provide, on a monthly basis, the City with a list of records and information in storage with tracking numbers and description to align with the City's document indexing system. 17.Contractor shall have a single facility that can accommodate all boxes and containers that City directs for storage. 18.Contractor shall not move or transfer the City's stored records into two different storage facilities without the City's approval. Consulting Services Agreement 2 19.Contractor shall have as part of its employment practices thorough investigations of their applicants' backgrounds prior to being employed by the Contractor. 20.Contractor shall provide training to City staff and employees on proper storage box inventory, packing, labeling and bar code procedures as needed. 21.Contractor shall provide City with barcode, box inventory, box storage and box retrieval forms. Consulting Services Agreement 3 EXHIBIT "B" GENERAL TERMS AND CONDITIONS 1. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to 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. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 1. 2. Standard of Performance. A. Contractor shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or his/her designee. The City Manager or his /her designee may from time to time assign additional or different tasks or services to Contractor, 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 Contractor other than those specified in Exhibit A, or those so assigned in writing to Contractor by the City Manager or his /her designee. B. The Assistant City Manager shall, until further notice to Contractor, administer this Agreement and provide for immediate supervision of Contractor with respect to the services to be provided hereunder. Consulting Services Agreement 3. Indemnification. A. Contractor is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Contractor to perform said services and duties. B. City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees ") shall have no liability to Contractor or any other person for, and Contractor 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 other than the property being stored hereunder, loss of use of property other than the property being stored hereunder, economic loss or other loss occurring as a result of or allegedly caused by the Contractor's performance of or failure to perform any services under this Agreement or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, subcontractors, subcontractors 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 City's sole negligence or willful acts or omissions. Notwithstanding anything contained in this Records Storage Services Agreement to the contrary, Contractor shall only be liable for failure to use ordinary care, and any such liability imposed shall in no event exceed a total value equal to the monthly storage charge per container for each such container damaged or lost, regardless of the nature of the damages incurred (i.e., whether compensatory damages, consequential damages, special damages, incidental damages or any other type of damages). C. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required in this Section, Contractor agrees to be fully responsible according to the terms of this Section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on City 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 City 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 City. Consulting Services Agreement 2 4. Insurance. A. Without limiting Contractor's indemnification of Indemnitees pursuant to Section 3 of this Agreement, Contractor 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 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 Contractor 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 Contractor or Contractor's employees will use personal autos in any way on this project, Contractor 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 Contractor 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. 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 AM I. 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 Consulting Services Agreement 3 giving City thirty (30) days' prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify said insurance coverage. E. Contractor shall submit to City (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 City's appropriate standard forms entitled "Additional Insured Endorsement ". F. The Contractor's insurance shall be primary as respects the City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. G. Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Contractor and the cost of such insurance may be deducted, at the option of City, from payments due Contractor. 5. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor 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. Contractor'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 Contractor in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Such material shall not be the subject of a copyright application by Contractor. 7. Conflict of Interest. A. Contractor 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 Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. Consulting Services Agreement 4 B. Contractor covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by Contractor. Contractor's covenant under this section shall survive the termination of this Agreement. 8. Termination for Cause. Should Contractor fail to perform any of the obligations required of Contractor within the time and in the manner provided for under this Agreement within seven (7) days after receipt from City of a written notice of such default, or should Contractor violate any of the terms and conditions of the Agreement, City may terminate this Agreement with cause upon thirty (30) days' written notice to Contractor. The effective date of termination shall be upon the date specified in the notice of termination. Contractor agrees that in the event of such termination, City's obligation to pay Contractor shall be limited to payment only for those services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services, preserve the product of the services, and turn over to City the product of the services in accordance with written instruction of City. 9. Personnel. Contractor 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 Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 10. Financial Condition. Prior to entering into this Agreement, Contractor has submitted documentation acceptable to the City Manager, 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, Contractor shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Contractor is in at least as sound a financial position as was the case prior to entering into this Agreement. Financial information submitted to the City Manager shall be returned to Contractor after review and shall not be retained by City. 11. Non - Discrimination and Equal Employment Opportunity. A. Contractor 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 City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, Consulting Services Agreement 5 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. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor 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. Contractor 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. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor 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 City during the review period, either orally or in writing, shall be considered. City shall meet with Contractor prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Contractor to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 14. Compliance with Laws. Contractor 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 Contractor shall at all times comply with such laws, ordinances, codes and regulations. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Contractor to comply with this Section. 15. Licenses. At all times during the tern of this Agreement, Contractor 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 City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consulting Services Agreement Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 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 Contractor's regular business hours or by facsimile before or during Contractor'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 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 Contractor and City. 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 City will only be valid if signed by the Mayor and attested by the City Clerk. 23. Authority. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he /she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. Consulting Services Agreement 7 EXHIBIT "C" TIME OF PERFORMANCE TARGET DATE TASKS PARTY DELIVERABLES December 1, 2006 Start of Service Contractor & Agreement Cit December 4, 2006 Planning Meeting between Contractor & 1 hour Meeting Assistant City Manager City and Contractor December 11, 2006 Kick -Off Meeting on Off- Contractor Y2 hour Site Storage Informational Training to all Departments December 15, 1006 First Boxes Delivery Contractor Boxes Delive December 18, 2006- Instructions to individual Contractor '/2 hour training January 17, 2007 Departments/Divisions on to each of nine Boxing and Labeling Departments Documents for storage January 2, 2007 — Transport of Boxes Contractor Transport January 31, 2007 February 1, 2007 Delive of Inv ntory List Contractor Inventory List ' Note: This schedule establishes minimum deadlines only. The City and the Contractor during the planning meeting will refine the schedule to further expand upon and expedite the records storage, training and transportation process. Records Storage Services Agreement Exhibit C EXHIBIT "D" FEE SCHEDULE Quantity and price, unless noted, should be based on 1.2 cu ft per box or unit. INITIAL TI'tANSF Receiving and Data 1,500 boxes $ 1,500 Processing Bar Code Labels 1,500 labels $no charge Transportation 1,500 boxes $no charge MON'I`Fil:�f S"#H�1��►C�E +CIi+I�S Standard Size Carton (10 "x12 "x15 ") $ .25 per box Letter Size Transfer Case (10" x 12" x 24 ") $.22 /cult Architectural Boxes (4 "x4 "x42 ") $.22/ cu ft Legal Size Transfer Case (10" x 15' x 24 ") $.22/ cu ft Minimum Storage Charges Only used if the per box cost multiplied by the $ 75 per month number of boxes in storage during any month is equal to an amount less than $75.00 t Account Maintenance fee /month $15 per month ONGOING SERVICE CHARGES Receiving, Indexing, Per unit $1.75 per container, to handling & Data add new container, Processing (With Bar barcode and shelve This represents the ongoing service charges after the first initial transfer fees of $1,500 has been reached. Records Storage Services Agreement Exhibit D Code Label up to 80 characters) Box Retrieval Per unit $ 2.00 File Retrieval Per retrieval $2.75 Box Refile Per refile $2.00 File Refile Per refile $2.75 Interfile (new folders or Per interfile documents) $3.75 Shredding (plus retrieval) Per pound $.10 per pound plus $2.00 per retrieval Permanent Removal (plus Per box (retrieval and record retrieval) change only) $2.00 /container Palletizing for permanent Per palletizing service retrieval (include charges No charge for any other fees) Photocopies Per copy $ .50 per page Computer Reports Per report $ no charge Bar Code Labels Per additional label (after the first 1500 $ ,10 per label or labels which are free) $1.60 per sheet Special Per hour $ 36 per hour Labor /Programming Records Storage Services Agreement Exhibit D Client Review /Conference Per hour $ no charge Room Facsimile — Client's Per fax $5.00 minimum /$.50 Document per page Regular — Delivery Next Base Rate for the first $ 17.00 per trip Day (include any other box $2.00 fuel surcharge cost related to delivery) Regular — Delivery Next Additional Boxes $ 2.00 per box over Day (include any other first 7 items cost related to delivery) Delivery in Three Hours Per delivery $50.00 per trip (2 hours) Delivery Half Day Per delivery $28.00 Deliver After Hours, Per delivery $165 per delivery Weekends, & Holidays Pick Up New Inventory, Per item Ref ile $2.75 per file Refiles and Interfiles Interfile $3.75 per item CARTON [PURCHASE AND DELIVERY Standard Size Per box (10 "x12 "x15 ") $2.00 Expandable Size Per box Not available (10 "x12 "x16 ") Rush Delivery of Per box cartons (Next Day) No Charge — next day is standard, charge for carton only Regular Delivery of Per boxes (Within 3 delivery Next Day is no Working Days) charge Records Storage Services Agreement Exhibit D • Is there is a permanent removal fee in ff Yes IONo ❑ addition to the standard retrieval fee? $.10 per pound • Are there a maximum number of items ❑Yes EINo Plus retrieval fees still appl per week that can be retrieved for Is shredding performed by a third -party QYes ONo p ermanent removal? vendor? ❑ - If yes, indicate the maximum number Are there charges for shredding ❑Yes of items. ❑ Is a permanent removal fees charged ❑Yes QNo Are there charges for shredding upon termination of the contract? R]No Fees for certificates? retrieval still Is pulling an item for shredding ❑Yes ONo an I ❑ I Is shredding available? Dyes ❑No ❑ -If yes, at what cost per pound? $.10 per pound Or $3 per box Plus retrieval fees still appl ❑ Is shredding performed by a third -party QYes ONo vendor? ❑ Are there charges for shredding ❑Yes ONo notification reports? ❑ Are there charges for shredding ❑Yes R]No certificates? ❑ Is pulling an item for shredding ❑Yes ONo considered a permanent withdrawal? ❑ Are shredding bins available? Dyes ONo ❑ Is there a charge for providing the bins? OYes ONo ❑ -If yes, at what monthly charge? $75.00 minimum ❑ Is there a pallet cost for large quantities ❑Yes ONo of permanent removal? Records Storage Services Agreement Exhibit D AGENDA STAFF REPORT DATE: November 7, 2006 TO: The Honorable Mayor and Members) Council APPROVED BY: N. Enrique Martinez, City Manager �` e:5:. Do. PREPARED BY: G. Daniel Ojeda, P.E., Director of public orks / City Engineer Elias Saikaly, P.E., Capital Improvement Projects Manager SUBJECT: Lynwood Senior Citizen Center Change Order - Building Construction Project Number 05 -5297 Recommendation: Staff recommends that the Lynwood City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A CONTRACT CHANGE ORDER IN THE AMOUNT OF $77,673.29 TO WANG MILESTONE CONSTRUCTION, INC. FOR THE LYNWOOD SENIOR CITIZEN CENTER BUILDING CONSTRUCTION PROJECT, PROJECT NUMBER 05 -5297 AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT CHANGE ORDER." Background: In order to continue the construction of the Lynwood Senior Citizen Center Building Construction project, Project No. 05 -5297; without delay, additional improvements and changes to the project are necessary. Discussion and Analysis: Staff has identified several improvements that are necessary to complete the project in a timely manner and were not part of the original design plan. Staff has authorized the contractor to complete these changes on a time and material basis. These changes are as follows: J:\PLTBWORKS\wordfiles\COLTNCIL\CouO7O2SeniorCenterCCOltem.doc ii DESCRIPTION WMC, Inc. FILE NO: TOTAL STRUCTURAL ADDITIONS & ALTERATIONS FOR RFI 35, GLUE -LAM 35Ha BEAMS, LUMBER, ROUGH HARDWARE AND ROOF MODIFICATIONS (REVISED) $28,162.29 AT GRIDLINE K - J FROM 1 -31 -06 TO 2 -24 -06 STRUCTURAL ADDITIONS & ALTERATIONS FOR RFI 35 GLUE -LAM 3511a BEAMS, LUMBER, ROUGH HARDWARE AND ROOF MODIFICATIONS (REVISED) $16,861.00 AT GRIDLINE K - J FROM 2 -25 -06 TO 5 -25 -06 BUILD UP ROOF DECK AT MECHANICAL WELL TO CREATE SLOPE 55D $2,661.00 PER SK 25 (REVISED) WOOD FRAMING AND DRYWALL FOR RETURN AIR PLENUM 57B $3,860.00 REVISION (REVISED) (1) RELOCATE FOUR CEILING LIGHTS AT THE KITCHEN (2) ADD 61C $3,216.00 KITCHEN AND PANTRY SOFFITS REVISION (REVISED) ADD SAFETY DEVICE TO FOLDING PARTITIONS REVISED $2,307.00 CONSTRUCT CRICKET BUILT UP ROOF REVISED $1,059.00 PRICE INFLATION OF COILING SHUTTERS DUE TO DELAYS FROM 66B $1,836.00 DESIGN ERRORS AND OMISSIONS (REVISED) PERFORM STRUCTURAL MODIFICATION MEMO REQUESTED BY 68B $7,914.00 JCE DATED 06/12/06 (REVISED) REORDER THE NEW 84" X 48" STORM LOUVER 6REVISED $1,442.00 INSTALL SIX VENTS ON NORTH AND EAST WALLS REVISED $1,081.00 PROVIDE AND INSTALL KITCHEN OUTLET, PARTITION SWITCH, ICE 72B $2,312.00 MAKER AND REWORK ELECTRICAL AT LOW WALL (REVISED) INCREASE ELECTRICAL BREAKER AND WIRE SIZE FOR RFI 120, 73 $3,363.00 RTHP -1 AND RTHP -2 RELOCATE ELECTRIC & DATA OUTLETS IN THE LIBRARY REVISED $545.00 PROVIDE AND INSTALL A KNOCK BOX 81 $1,054.00 TOTAL $77,673.29 Fiscal Impact: The project contains adequate funding to cover the cost for this contract change order. Coordination With: Finance Department, City Manager's Office, City Clerk Office J:\PUBWORKS\wordfiles\COUNCIL\CouO7O2SeniorCenterCCOltem.doc RESOLUTION NO. A RESOLUTION OF THE LYNWOOD CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A CONTRACT CHANGE ORDER IN THE AMOUNT OF $77,673.29 TO WANG MILESTONE CONSTRUCTION, INC. FOR THE LYNWOOD SENIOR CITIZEN CENTER BUILDING CONSTRUCTION PROJECT, PROJECT NUMBER 05 -5297 AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT CHANGE ORDER WHEREAS, the Lynwood Senior Citizen Center Construction Project, Project Number 05 -5297, is funded by the Lynwood Utility Authority (LUA) funds; and WHEREAS, the Lynwood Senior Citizen Center Construction Project is scheduled for completion in fiscal year 2006 -2007; and WHEREAS, in order to continue the construction of the Lynwood Senior Citizen Center Building without delay, additional Improvements were necessary; and WHEREAS, Staff has identified and authorized the completion of several improvements that were necessary to complete the project in a timely manner are as follows: DESCRIPTION WMC, Inc. FILE NO: TOTAL STRUCTURAL ADDITIONS & ALTERATIONS FOR RFI 35, GLUE -LAM 35Ha BEAMS, LUMBER, ROUGH HARDWARE AND ROOF MODIFICATIONS (REVISED) $28'162'29 AT GRIDLINE K - J FROM 1 -31 -06 TO 2 -24 -06 STRUCTURAL ADDITIONS & ALTERATIONS FOR RFI 35 GLUE -LAM 35Ha BEAMS, LUMBER, ROUGH HARDWARE AND ROOF MODIFICATIONS (REVISED) $16,861.00 AT GRIDLINE K - J FROM 2 -25 -06 TO 5 -25 -06 BUILD UP ROOF DECK AT MECHANICAL WELL TO CREATE SLOPE 55D $2,661.00 PER SK 25 (REVISED) WOOD FRAMING AND DRYWALL FOR RETURN AIR PLENUM 57B $3,860.00 REVISION (REVISED) (1) RELOCATE FOUR CEILING LIGHTS AT THE KITCHEN (2) ADD 61C $3,216.00 KITCHEN AND PANTRY SOFFITS REVISION (REVISED) ADD SAFETY DEVICE TO FOLDING PARTITIONS 6REVISED $2,307.00 CONSTRUCT CRICKET BUILT UP ROOF REVISED $1,059.00 PRICE INFLATION OF COILING SHUTTERS DUE TO DELAYS FROM 66B $1,836.00 DESIGN ERRORS AND OMISSIONS (REVISED) PERFORM STRUCTURAL MODIFICATION MEMO REQUESTED BY 68B $7,914.00 JCE DATED 06/12106 (REVISED) J:\PUBWORKS\wordfiles\COUNCIL\CouO7O2SeniorCenterCCOltem.doc DESCRIPTION WMC, Inc. FILE NO: TOTAL REORDER THE NEW 84" X 48" STORM LOUVER REVISED $1,442.00 INSTALL SIX VENTS ON NORTH AND EAST WALLS REVISED $1,081.00 PROVIDE AND INSTALL KITCHEN OUTLET, PARTITION SWITCH, ICE 726 $2,312.00 MAKER AND REWORK ELECTRICAL AT LOW WALL (REVISED) INCREASE ELECTRICAL BREAKER AND WIRE SIZE FOR RFI 120, 73 $3,363.00 RTHP -1 AND RTHP -2 RELOCATE ELECTRIC & DATA OUTLETS IN THE LIBRARY (REVISED) $545.00 PROVIDE AND INSTALL A KNOCK BOX 81 $1,054.00 TOTAL $77,673.29 NOW THEREFORE, the City Council of the City of Lynwood does hereby find, proclaim, order and resolve as follows: Section 1. That the City of Lynwood approve the contract change order for Wang Milestone Construction, Inc. in the amount of $77,673.29 for the Lynwood Senior Citizen Center Improvement Project, Project Number 05 -5297. Section 2. That the Mayor is authorized to execute the contract change order. Section 3. That this resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 7th day of November, 2006. Leticia Vasquez, Mayor ATTEST: Andrea L. Hooper, City Clerk N. Enrique Martinez, City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney, City of Lynwood G. Daniel Ojeda, P.E. Director of Public Works / City Engineer J:\PUBWORKS\wordfiles\COUNCIL\CouO7O2SeniorCenterCCOltem.doc STATE OF CALIFORNIA ) ) ss. 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 2006, and passed by the following vote: AYES: NOES: ABSENT: 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. City Clerk, City of Lynwood ss. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of 2006. City Clerk, City of Lynwood J:\PUBWORKS\wordfiles\COUNCIL\CouO7O2SeniorCenterCCOltem.doc AGENDA STAFF REPORT DATE: November 7, 2006 TO: The Honorable Mayor and MembIr ` Council APPROVED BY: N. Enrique Martinez, City Manag - PREPARED BY: G. Daniel Ojeda, P.E., Director of c Wor ks / City Engineerlc Elias Saikaly, P.E., Capital Improvement Projects Manager D SUBJECT: Award of Contract Water Main Improvement Project Gertrude Drive (From Magnolia Ave. to Agnes Ave.) Project Number 05 -5300 Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO CEDRO CONSTRUCTION, INC. IN THE AMOUNT OF $144,562.24; FOR THE GERTRUDE DRIVE FROM MAGNOLIA AVE. TO AGNES AVE. WATER MAIN IMPROVEMENT PROJECT, PROJECT NUMBER 05 -5300, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT." Background: The Water Main Improvement Project, Project No. 05 -5300 consists of water main improvements on Gertrude Dr. from Magnolia Ave. to Agnes Ave. The project is listed in the Capital Improvement Project for fiscal year 2006 -2007, and is funded by the 1999 Water Bond. The project encompasses the installation of new 16 ", 12 ", 10 ", 8 ", and 6" ductile iron pipes (DIP), water meters, water services, and fire hydrants. The Notice Inviting Bids for the Gertrude Drive Water Main Improvement Project was advertised on September 21, 2006. Twenty -One (21) contractors received project plans and specifications. The bid opening was held on October 10, 2006 in the office of the City Clerk. Three (3) bids were submitted. J:\PUB WORKS \wordfiles \COUNCIL \Cou06074Gertrude WaterMaintAWardltem.doc BID RANK CONTRACTOR &D TOTAL 1 CEDRO CONSTRUCTION, INC. $144,526.24 2 J.A SALAZAR CONSTRUCTION R SUPPLY, INC. $174,943.00 3 MIRAMONTES CONSTRUCTION COMPANY, INC. $219,520.00 Discussion and Analysis: Cedro Construction, Inc. was the apparent lowest bidder at $144,526.24. A reference check of previous performance reveals that this contractor has the necessary experience for this type of project. Fiscal Impact: Funds are available in the budget for this project. Coordination With: City Clerk, Finance Department and City Attorney's Office. J:\PUB WORKS \wordfiles \COUNCIL \Cou06074Gertrude WaterMaintAWardltem.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO CEDRO CONSTRUCTION, INC., IN THE AMOUNT OF $144,526.24 FOR THE GERTRUDE DRIVE FROM MAGNOLIA AVE. TO AGNES AVE. WATER MAIN IMPROVEMENT PROJECT, PROJECT NUMBER 05 -5300, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, the Gertrude Drive Water Main Improvement Project, Project No. 05 -5300 is scheduled for completion during FY 2006 -2007; and WHEREAS, the project is funded by the 1999 Water Bond; and WHEREAS, the bid opening took place on October 10, 2006, Three (3) bids were submitted and Cedro Construction, Inc. was the apparent lowest bidder at $144,526.24, &D RANK CONTRACTOR &D TOTAL 1 CEDRO CONSTRUCTION, INC. $144,52614 2 J.A SALAZAR CONSTRUCTION & SUPPLY, INC. $174,943.00 3 MIRAMONTES CONSTRUCTION COMPANY, INC. $219,520.00 WHEREAS, a reference check has revealed that this contractor has the necessary experience for this type of project. NOW THEREFORE, the City Council of the City of Lynwood does hereby find, proclaim, order and resolve as follows: Section 1. That the contract for the Gertrude Drive Water Main Improvement Project, Project Number 05 -5300, be awarded to Cedro Construction, Inc. for its low bid of $144,526.24. Section 2. That the Mayor is hereby authorized to execute the agreement between the City of Lynwood and Cedro Construction, Inc. Section 3. This resolution shall take effect immediately upon its adoption. J:\PUB WORKS\ wordfil es\ COLJNCIL\ CouO6074GertrudeWaterMaintAWardltem .doc PASSED, APPROVED and ADOPTED this 7 th day of November, 2006. Leticia Vasquez, Mayor City of Lynwood ATTEST: Andrea L. Hooper, City Clerk City of Lynwood N. Enrique Martinez, City Manager City of Lynwood APPROVED AS TO FORM City Attorney, City of Lynwood APPROVED AS TO CONTENT: G. Daniel Ojeda, P.E. Director of Public Works / City Engineer City of Lynwood J:\PUB WORKS \wordfiles \COUNCIL \CouO6074Gertrude W aterMaintAwardltem.doc STATE OF CALIFORNIA ) ) ss. 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 at a special meeting held in the City Hall of said City on the day of 2006, and passed by the following vote: AYES: NOES: ABSENT: STATE OF CALIFORNIA COUNTY OF LOS ANGELES City Clerk, City of Lynwood ss. 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 2006. City Clerk, City of Lynwood J:\PUB WORKS \wordfiles \COUNCIL \Cou06074Gertrude WaterMaintAWardltem.doc AGENDA STAFF REPORT MWE DATE: November 7, 2006 Xs TO: Honorable Mayor & City Council /Me b APPROVED BY: N. Enrique Martinez, City Manag Marianna Maryshe�v�a�, sistant anager - Finance PREPARED BY: Mary Ellen Schubg nterim Director of Human Resources SUBJECT: REVISED EMPLOYER - EMPLOYEE RELATIONS RESOLUTION Recommendation: Staff recommends that the City Council rescind Resolution 02 -103 covering Employer - Employee Relations procedures and adopt updated labor relations procedures with the attached resolution entitled, "EMPLOYER- EMPLOYEE RELATIONS RESOLUTION ". Background: The City approved Resolution 02 -103 entitled "EMPLOYER - EMPLOYEE RELATIONS RESOLUTION" setting forth procedures for meeting and conferring in good faith with recognized employee organizations regarding matters involving wages, hours and other terms and conditions of employment of employees. Since that time, there have been some changes affecting procedures and language related to labor relations. The changes are minor and include granting employee associations recognition without an election. Because cities also came under the jurisdiction of the State Public Employment Relations Board (PERB) in 2000, there have been subsequent procedure and language changes, as well. The revised resolution has been reviewed by the law firm of Liebert Cassidy Whitmore and discussed with representatives of the City's bargaining units. The attached resolution would replace Resolution 02 -103 with an updated Employer - Employee Relations Resolution compliant with current legal mandates and language. Fiscal Impact: None Coordinated With: City Manager's Office City Attorney's Office Finance and Administration Department REM 13 RESOLUTION NO. EMPLOYER EMPLOYEE RELATIONS RESOLUTION THE COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE AS FOLLOWS: ARTICLE I - GENERAL PROVISIONS Section. 1. Statement of Purpose This resolution implements Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et set.) captioned "Local Public Employee Organizations, by providing orderly procedures for the administration of employer - employee relations between the City and its employee organizations. However, nothing contained herein shall be deemed to supersede the provisions of State law, City ordinances, resolutions and rules which establish and regulate the merit and civil service system, or which provide for other methods of administering employer - employee relations. This Resolution is intended, instead, to strengthen merit, civil service and other methods of administering employer - employee relations through the establishment of uniform and orderly methods of communications between employees, employee organizations and the City. It is the purpose of this Resolution to provide procedures for meeting and conferring in good faith with Recognized Employee Organizations regarding matters that directly affect and primarily involve the wages, hours and other terms and conditions of employment of employees in appropriate units and that are not preempted by Federal or State law or the City ordinances, regulations or rules. However, nothing herein shall be construed to restrict any legal or inherent exclusive City rights as set forth in Section 17 hereof. Section 2. Definitions As used in this Resolution, the following terms shall have the meanings indicated: a. "Appropriate Unit' means a unit of employee classes or positions, established pursuant to Article II hereof. b. "City" means the City of Lynwood, and where appropriate herein, refers to the City Council or any duly authorized City representative as herein 1 defined. C. "Confidential Employee" means an employee so designated from time to time, who, in the course of his or her duties, has access to information relating to the City s administration of employer- employee relations. d. "Consult/Consultation in Good Faith" means to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of such meet and confer process, does not involve an exchange of proposals and counterproposals in an endeavor to reach agreement, nor is it subject to Article IV hereof. e. "Day" means calendar day unless expressly stated otherwise. f. "Employee Relations Officer" means the City Manager or his/her duly authorized representative. g. "Exclusively Recognized Employee Organization" means an employee organization which has been formally acknowledged by the City as the sole employee organization representing the employees in an appropriate representation unit pursuant to Article II hereof, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of fairly representing such employees. h. "Impasse" means that the representatives of the City and an Exclusively Recognized Employee Organization have reached a point in their meeting and conferring in good faith when their differences on matters to be included in a Memorandum of Understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile. i. "Management Employee" means an employee having responsibility for formulating, administering or managing the implementation of City policies or programs, including employees employed as department and division directors or such other employees so designated because of their management responsibilities. j. "Meet and Confer" means performance by duly authorized City representatives and duly authorized representatives of an employee organization recognized as the majority representative of their mutual obligation to meet at reasonable times and to confer in good faith regarding matters within the scope of representation including wages, hours, and other terms and conditions of employment, in an effort to: (1) reach agreement on those matters within the authority of such representatives, and (2), reach 2 agreement on what will be recommended to the City Council on those matters within the decision making authority of the City Council. This does not require either party to agree to a proposal or to make a concession. k. "Proof of Employee Support" means (1) an authorization card recently signed and personally dated by an employee, or (2) a verified authorization petition or petitions recently signed and personally dated by an employee, or (3) employee dues deduction authorization, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization. The only authorization which shall be considered as proof of employee support hereunder shall be the authorization last signed by an employee. The words "recently signed" shall mean within one hundred eighty (180) days prior to the filing of a petition. 1. "Supervisory Employee" means any employee having authority, in the interest of the City, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. ARTICLE II - REPRESENTATION PROCEEDINGS Section 3. Filing of Recognition Petition B Employee Organization An employee organization that seeks to be formally acknowledged as the Exclusively Recognized Employee Organization representing the employees in an appropriate unit shall file a petition with the Employee Relations Officer containing the following information and documentation: a. Name and address of the employee organization. b. Names and titles of its officers. c. Names of employee organization representatives who are authorized to speak on behalf of the organization and address to which all communications may be directed. d. A statement that the employee organization has, as one of its primary purposes, representing employees in their employment relations with the City. 3 e. A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and address of each such other organization. f A copy of the employee organization's constitution and by -laws. g. A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose. h. A statement that the employee organization has no restriction on membership based on race, color, religion, creed, sexual orientation, sexual identity, sex, marital status, age, disability, medical condition or national origin. i. The job classifications or titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein. j. A statement that the employee organization has in its possession proof of employee support as herein defined to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party. k. A request that the Employee Relations Officer formally acknowledge the petitioner as the Exclusively Recognized Employee Organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith. The Petition, including all accompanying documents, shall be declared to be true, correct and complete under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it. Section 4. City Response to Recognition Petition Upon receipt of the Petition, the Employee Relations Officer shall determine whether: a. There has been compliance with the requirements of the Recognition Petition, and b. The proposed representation unit is an appropriate unit in accordance with Section 9 of this Article II. If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, he /she shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and 0 shall take no action on said request for thirty (30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall offer to consult thereon with such petitioning employee organization, and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. The petitioning employee organization may appeal such determination in accordance with Section 11 of this Resolution. Section 5. Open Period for Filing Challenging Petition Within thirty (30) days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some but not all the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the same form and manner as set forth in Section 3 of this Article II. If such challenging petition seeks establishment of an over- lapping unit, the Employee Relations Officer shall call for a hearing on such over - lapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in Section 9 of this Article II. The petitioning employee organizations shall have fifteen (15) days from the date notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Section 11 of this Article II. Section 6. Granting Recognition Without an Election. If the proof of support shows that a majority of the employees in the appropriate unit have designated the petitioning employee organization to represent them, and if no other employee organization filed a challenging petition, the petitioning employee organization and the Employee Relations Officer shall request the California State Mediation and Conciliation Service, or another agreed upon neutral third party, to review the count, form, accuracy and propriety of the proof of support. If the neutral third party makes an affirmative determination, the Employee Relations Officer shall formally acknowledge the petitioning employee organization as the Exclusively Recognized Employee Organization for the designated unit. 5 Section 7. Election Procedure The Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee organization(s), in accordance with its rules and procedures subject to the provisions of this Resolution. All employee organizations who have duly submitted petitions which have been determined to be in conformance with this Article II shall be included on the ballot. The choice of `no organization' shall also be included on the ballot. Employees entitled to vote it such election shall be those persons employed in positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at least fifteen (15) days before the date the election commences, including those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed by the City in the same unit on the date of the election. An employee organization shall be formally acknowledged as the Exclusively Recognized Employee Organization for the designated appropriate unit following an election or run -off election if it received a numerical majority of all valid votes cast in the election. In an election involving three or more choices, where none of the choices receives a majority or the valid votes cast, a run -off election shall be conducted between the two choices receiving the largest number of valid votes cast; the rules governing an initial election being applicable to a run -off election. There shall be no more than one valid election under this Resolution pursuant to any challenging petition in a 12 -month period affecting the same unit. In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the California State Mediation and Conciliation Service. Costs of conducting elections shall be home in equal shares by the City and by each employee organization appearing on the ballot. Section 8. Procedure for Decertification of Recognized Emnlovee Organization A Decertification Petition alleging that the incumbent Recognized Employee organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer only during the month of January of any year following the first full year of recognition or during the thirty (30) day period commencing one hundred eighty (180) days prior to the termination date of a Memorandum of Understanding then having been in effect less than three (3) years, whichever occurs later. A Decertification Petition may be filed by two or more employees or their representative; or an employee organization, and shall maintain the following information and documentation declared by the duly authorized signatory 0 under penalty of perjury to be true, correct and complete: a. The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information. b. The name of the established appropriate unit and of the incumbent Exclusively Recognized Employee Organization sought to be decertified as the representative of that unit. C. An allegation that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto. d. Proof of employee support that a majority of the employees in the established appropriate unit no longer desire to be represented by the incumbent Exclusively Recognized Employee Organization. Such proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party. An employee organization may file a Petition under this section in the form of a Recognition Petition that conforms to the requirements of Section 3 of this Article in satisfaction of the Decertification Petition requirements hereunder that shows proof of employee support of at least thirty (30) percent. The Employee Relations Officer shall initially determine whether the Decertification Petition or Recognition Petition, if any, have been filed in compliance with the applicable provisions of this Article II. If his/her determination is in the negative, he /she shall offer to consult thereon with the representative(s) of such petitioning employees or employee organization, and, if such determination thereafter remains unchanged, shall return such Petition(s) to the employees or employee organization with a statement of the reasons therefore in writing. The petitioning employees or employee organization may appeal such determination in accordance with Section 1 I of this Article II. If the determination of the Employee Relations Officer is in the affirmative, or if his/her negative determination is reversed an appeal, he /she shall give written notice of such Decertification or Recognition Petition to the incumbent Exclusively Recognized Employee Organization and to unit employees. The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen (15) days after such notice to determine the wishes of unit employees as to the question of decertification, and, if an accompanying Recognition Petition was duly filed, and, in the event decertification of the incumbent Recognized Employee Organization is voted, the question of representation. Such election shall be conducted in conformance with Section 7 of this Article II. 7 During the "open period" specified in the first paragraph of this section, the Employee Relations Officer may on his/her own motion, when he /she has reason to believe that a majority of unit employees no longer wish to be represented by the incumbent Exclusively Recognized Employee Organization, give notice to that organization and all unit employees that he /she will arrange for an election to determine that issue. In such event any other employee organization may within fifteen (15) days of such notice file a Recognition Petition in accordance with this section, which the Employee Relations Officer shall act on in accordance with this section. If, pursuant to this section, a different employee organization is formally acknowledged as the Exclusively Recognized Employee Organization, such organization shall be bound by all the terms and conditions of any Memorandum of Understanding then in effect for its remaining term. Section 9. Policy and Standards for Determination of Appropriate Units The basic policy objectives in determine the appropriateness of units shall be the effect of a proposed unit on (1) the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees to effectively and economically serve the public, and (2) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be: a. Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions. b. History of representation in the City and similar employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of that extent to which employees in the proposed unit have organized. C. Consistency with the organizational patterns of the City. d. Effect of differing legally mandated impasse resolution procedures. e. Number of employees and classifications, and the effect on the administration of employer- employee relations created by the fragmentation of classifications and proliferation of units. f. Effect on the classification structure and impact on the stability of the employer- employee relationship of dividing a single or related classification among two or more units. Management, supervisory and confidential employees shall only be included in a unit consisting solely of management, supervisory and confidential employees, and such Ei unit shall not be represented by a Exclusively Recognized Employee Organization that represents non - management, non - supervisory, non - confidential employees of the City. The Employee Relations Officer shall, after notice to and consultation with affected employee organizations, allocate new classifications, delete eliminated classifications or positions, and retain, reallocate or delete modified classifications or positions from units in accordance with the provisions of this Section. Section 10. Procedure for Modification of Established Appropriate Units Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only during the period specified in Section 8 of this Article II. Such requests shall be submitted in the form of a Recognition Petition, and, in addition to the requirements set forth in Section 3 of this Article, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Section 8 hereof. The Employee Relations Officer shall process such petitions as other Recognition Petitions under this Article II. The Employee Relations Officer may on his/her own motion propose during the period specified in Section 8 of this Article, that an established unit be modified. The Employee Relations Officer shall give written notice of the proposed modifications to any affected employee organization and shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Section 9 of this Article II, and shall give written notice of such determination to the affected employee organizations. The Employee Relations Officer's determination may be appealed as provided in Section 11 of this Article. If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Exclusively Recognized Employee Organization for such new appropriate unit or units pursuant to Section 3 hereof. Section 11. Appeals An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer under this Article II or a determination of the Employee Relations Officer regarding a Recognition Petition, Challenging Petition, Decertification Petition or Unit Modification Position may, within ten (10) days of notice thereof, request the intervention of the California State Mediation and Conciliation Service, or may, in lieu thereof or thereafter, appeal such determination to the City Council for final decision within fifteen (15) days of notice of the Employee Relations Officer's E determination or the termination of proceedings of the California State Mediation and Conciliation Service. An employee organization may file a request to become the exclusively recognized employee organization of a unit alleged to be appropriate that consists of a group of employees who are already a part of a larger established unit represented by another exclusively recognized employee organization. The process shall be as set forth in this section. Appeals to the City Council shall be filed in writing with the City Clerk, and a copy thereof served on the Employee Relations Officer. The City Council shall commence to consider the matter within thirty (30) days of the filing of the appeal. The City Council may, in its discretion, refer the dispute to a third party hearing process. Any decision of the City Council on the action of such procedure, with or without any decision of the City Council determining the substance of the dispute, shall be final and binding. ARTICLE III - ADMINISTRATION Section 12. Submission of Current Information by Exclusively Recognized Emvlovee Organizations All changes in the information filed with the City by an Exclusively Recognized Employee organization under items a. through k. of its Recognition Petition under Section 3 of this Resolution shall be submitted in writing to the Employee Relations Officer within fourteen (14) days of such change. In addition, on or before April 1 of each year, each Exclusively Recognized Employee. Organization shall file a statement of organization setting forth the name of its officers, negotiating representatives and financial information indicating ability to pay the estimated costs provided for in Section 23 hereof. Section 13. Payroll Deductions on Behalf of Employee Organizations Upon formal acknowledgement by the City of a Recognized Employee Organization under this Resolution, only such Exclusively Recognized Employee Organization may be provided payroll deductions of membership dues and insurance premiums for plans sponsored by such organization upon the written authorization of employees in the unit represented by the Exclusively Recognized Employee Organization on forms provided therefore by the City. The providing of such service to the Exclusively Recognized Employee Organization by the City shall be contingent upon and in accordance with the provisions of Memoranda of Understanding and/or applicable administrative procedures. 10 Section 14. Employee Organization Activities - Use of City Resources Access to City work locations and the use of City paid time, facilities, equipment and other resources by employee organizations and those representing them shall be authorized only to the extent provided for in Memoranda of Understanding and/or administrative procedures, shall be limited to activities pertaining directly to the employer - employee relationship and not such internal employee organization business as soliciting membership, campaigning for office, and organization meetings and elections, and shall not interfere with the efficiency, safety and security of City operations. Section 15. Administrative Rules and Procedures The City Manager is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this Resolution after consultation with affected employee organizations. Section 16. Employee Rights Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer - employee relations including but not limited to wages, hours and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of his exercise of these rights. Employee organizations may establish reasonable restrictions regarding who may join and make reasonable provisions for the dismissal of individuals from membership. Section 17. City Rights. The rights of the City are to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment, promotion and demotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. The scope of representation shall not include consideration of the merits, necessity, or organization of any service or 11 activity provided by law or executive order. The exercise of such rights does not preclude employees or their authorized representatives from meeting and conferring about the impact that decisions on these matters may have on wages, hours, and other terms and conditions of employment, if any. Section 18. Consultation in Good Faith. All matters affecting employer employee relations, including those that are not subject to meeting and conferring, are subject to consultation. The City, through its representatives, shall consult in good faith with representatives of all recognized employee organizations on employer employee relations matters which affect them. Section 19. Advance Notice Reasonable written notice shall be given to each recognized employee organization affected by any ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council or by any board or commission of the City, and each shall be given the opportunity to meet with such body prior to adoption. Section 20. Meet and Confer In Good Faith. a. The City, through its representatives, shall meet and confer in good faith with representatives of formally recognized employee organizations with recognized representation rights regarding matters within the scope of representation including wages, hours and other terms and conditions of employment within the appropriate unit. b. The City shall not be required to meet and confer in good faith on any subject preempted by Federal or State law, nor shall it be required to meet and confer in good faith on employee or City Rights as defined in Sections 16 and 17. Proposed amendments to this resolution are excluded from the scope of meeting and conferring. ARTICLE IV - IMPASSE PROCEDURES Section 21. Initiation of Impasse Procedures If the meet and confer process has reached impasse as defined in this Resolution, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all disputed issues. An impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such impasse meeting shall be: 12 a. To identify and specify in writing the issue or issues that remain in dispute. b. To review the position of the parties in a final effort to resolve such disputed issue or issues; and C. If the dispute is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein. Section 22. Impasse Procedures. Impasse procedures are as follows: a. If the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues. b. If the parties agreed to submit the impasse directly to the City Council, or if the parties did not agree on mediation or the selection of a mediator or the impasse has not been resolved through such mediation, the City Council shall take such action regarding the impasse as it in its discretion deems appropriate as in the public interest. Any legislative action by the City Council on the impasse shall be final and binding. Section 23. Cost of Impasse Procedures The costs for the services of a mediator utilized by the parties, if any, and other mutually incurred costs of mediation shall be borne equally by the City and the Exclusively Recognized Employee Organization. ARTICLE V - MISCELLANEOUS PROVISIONS Section 24. Construction This Resolution shall be administered and construed as follows: a. Nothing in this Resolution shall be construed to deny to any person, employee, organization, the City, or any authorized officer, body or other representative of the City, the rights, powers and authority granted by Federal or State law (or City ordinances, regulations or rules). b. This Resolution shall be interpreted so as to carry out its purposes as set forth in Article I. C. Nothing in this Resolution shall be construed as giving employees or 13 employee organizations the right to participate in, support, cooperate or encourage, directly or indirectly, any strike, sickout or other total or partial stoppage or slowdown of work. In the event employees engage in such actions, they shall subject themselves to discipline up to and including termination and maybe deemed to have abandoned their employment; and employee organizations may thereby forefeit all rights accorded them under this Resolution and other City law for a period up to one (1) year from commencement of such activity. Section 25. Severability If any provision of this Resolution, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Resolution, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Section 26. Repeal of Prior Resolutions This Resolution is intended to replace Resolutions No.'s 69 -26, 78 -17, 82 -53 and 02- 103 which are hereby repealed. Any reference to such Resolutions shall be treated in all respects as a reference to this Resolution. APPROVED and ADOPTED this day of 2006. Mayor, City of Lynwood 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 day of 2006. AYES: NOES: ABSENT: 14 AGENDA STAFF REPORT DATE: November 7, 2006 TO: The Honorable Mayor and Member ity Coun I APPROVED BY: N. Enrique Martinez, City Manager Marianna Marysheva Assistant y Manager - Finance PREPARED BY: Mary Ellen Schub nterim Director of Human Resou es SUBJECT: SELECTION OF A CONSULTANT TO CONDUCT EMPLOYMENT SEARCHES FOR THE POSITIONS OF PURCHASING MANAGER AND SENIOR INTERNAL AUDITOR Recommendation: Staff recommends that the City Council approve the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ARCUS EXECUTIVE SEARCH TO CONDUCT EMPLOYMENT SEARCHES FOR THE POSITIONS OF PURCHASING MANAGER AND SENIOR INTERNAL AUDITOR." Background: The City has been recruiting for Purchasing Manager and Senior Internal Auditor since March of this year without success. Both of these positions are difficult to fill despite extensive advertising. Part of the problem is that there is a scarcity of qualified candidates for these highly specific positions. Since these are critical positions to the effective operation of the City, it is desirable to get assistance with recruitment efforts and fill the positions as soon as possible. Discussion & Analysis: Pursuant to the City's Purchasing Ordinance, three (3) informal proposals were requested from executive search firms: Arcus Executive Search $20,000 Bob Murray & Associates $33,000 plus expenses Alliance Resource Consulting $36,000 plus expenses The following criteria were used in evaluating and ranking each of the firms: 1. Firm qualifications / Years of experience 2. Prior recruitments with local municipalities 3. Recruiting strategies and process 4. Qualifications of project personnel — AG - END! 5. Candidate selection process ITEM 1 14 6. Timeframe for completion 7. Cost of service B. Logistics The overall screening of each firm revealed that all of the consultants would provide a quality search. Since Arcus is conducting other recruitments for the City currently, they are able to offer a more competitive bid and will not require additional expense fees for Arcus personnel travel. In addition, since Arcus is conducting other recruitments at this time, they will bring the strength of having substantial knowledge of the City's organization, its culture and the management style of the City. Therefore, based on the City's need to recruit and maintain a qualified professional workforce, staff believes that Arcus Executive Search firm will provide the best service in the selection of a Purchasing Manager and a Senior Internal Auditor. Fiscal Impact: The estimated professional fees to conduct an open examination for the Purchasing Manager and the Senior Internal Auditor will be $20,000. The Finance Department has appropriated these funds in the 2006 -2007 Fiscal Year Budget. Coordinated With: Finance and Administration City Attorney's Office 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ARCUS EXECUTIVE SEARCH TO CONDUCT EMPLOYMENT SEARCHES FOR THE POSITIONS OF PURCHASING MANAGER AND SENIOR INTERNAL AUDITOR WHEREAS, after informal solicitation by the City, proposals were received from three executive search firms to conduct a recruitment for the Purchasing Manager and the Senior Internal Auditor as required by the City's Purchasing Ordinance; and WHEREAS, the consulting firm of Arcus Executive Search was selected to conduct the recruitments; and WHEREAS, it is the desire of the City Manager to conduct extensive recruitments to provide a strong and competitive pool of candidates for both hard -to- fill positions. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF LYNWWOD, STATE OF CALIFORNIA, does hereby find, order, and resolve as follows: Section 1. That the City Council approves the contract with Arcus Executive Search and the firm's fee in an amount of $20,000 to conduct recruitments for the Purchasing Manager and Senior Internal Auditor positions. S ection 2. This resolution shall become effective immediately upon its adoption. PASSED, APPROVED, and ADOPTED this _ day of , 2006. City of Lynwood ATTEST: Leticia Vasquez, Mayor 1 Andrea Hooper, City Clerk APPROVED AS TO FORM: City Attorney STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) N. Enrique Martinez, City Manager APPROVED AS TO CONTENT: Mary Ellen Schubel, Interim Director Of Human Resources I, the undersigned, Secretary of the Lynwood City Council, 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 , 2006, and passed by the following vote: AYES: NOES: ABSENT: ABSTAIN: Andrea L. Hooper, City Clerk DATE: November 7, 2006 TO: Honorable Mayor and Council Members APPROVED BY: N. Enrique Martinez, City Manager PREPARED BY: Andrea L. Hooper, City Clero SUBJECT: SECOND READING OF ORDINANCE — ADOPTION OF AN ORDINANCE REGARDING ENHANCING PARKING CIVIL PENALTIES IN SCHOOL ZONES Recommendation: Staff recommends that the City Council adopt the attached ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 7 OF THE LYNWOOD MUNICIPAL CODE BY ADDING NEW SUBSECTION 7 -20.24 ENHANCING PARKING CIVIL PENALTIES IN SCHOOL ZONES" Background: The City Council introduced the attached ordinance for first reading by title only on October 17, 2006 Fiscal Impact: N/A Coordinated With: N/A %5 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 7 OF THE LYNWOOD MUNICIPAL CODE BY ADDING A NEW SUBSECTION 7 -20.24 ENHANCING PARKING CIVIL PENALTIES IN SCHOOL ZONES WHEREAS, the City of Lynwood is a general law city located in the County of Los Angeles and operating under the laws of the State of California and the California Constitution; and WHEREAS, Article 11, §7 of the California Constitution permits a city to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, Section 40203.5 of the California Vehicle Code authorizes cities to establish as civil penalties the amount of fines for parking violation citations issued under its jurisdiction; and WHEREAS, pursuant to Section 40203.5 of the California Vehicle Code, the City of Lynwood, as an issuing agency, has endeavored to standardize its parking penalties with other jurisdictions in the county to the greatest extent possible; and WHEREAS, the City Council of the City of Lynwood (the "Council ") recognizes the importance of pedestrian and traffic safety within and around schools in the City of Lynwood; and WHEREAS, the streets adjacent to the City's schools are besieged with parking violations that repeated warnings and issuance of parking citations have failed to deter; and WHEREAS, the Council finds that parking violations such as double parking and parking in red zones contribute to traffic congestion and unsafe behavior, such as mid -block pedestrian crossing, creating hazards to pedestrians, particularly children; and WHEREAS, the Council finds that doubling its standardized fines for parking violations occurring in its school zones is necessary to deter violations and protect the health, safety and welfare of the residents of the City of Lynwood. "School zone" means that area approaching or passing a school building or the grounds thereof that is contiguous to a highway and on which is posted a standard "SCHOOL" warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. "School zone" also includes the area approaching or passing any school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children if that highway is posted with a standard "SCHOOL" warning sign. e. The provisions of this Ordinance shall be of no force or effect until proper placing of signs giving notice of the enhanced fines imposed by this Ordinance has occurred. Section 2 . If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared invalid or unconstitutional. Section 3 . This Ordinance shall take effect thirty (30) days after its final passage by the City Council. Section 4 . The City Clerk of the City of Lynwood is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published or posted as required by law. First read at a regular meeting of the City Council held on the day of 2006 and adopted and ordered published at a regular meeting of said Council held on the day of 2006. Leticia Vasquez, Mayor City of Lynwood NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: Section 1. That the Code of the City of Lynwood is hereby amended by adding a new Subsection 7 -20.24 to Chapter 7 which shall read as follows: 7 -20.24 Parking Civil Penalties to be Enhanced in School Zones. a. The streets bordering the following schools in the City of Lynwood are hereby subject to enhanced parking penalties as further provided for herein: ABBOTT ELEMENTARY CESAR CHAVEZ MIDDLE FIREBAUGH HIGH SCHOOL HELEN KELLER ELEMENTARY HOSLER MIDDLE LINCOLN ELEMENTARY LINDBERGH ELEMENTARY LINDBERGH C.C. LYNWOOD HIGH SCHOOL LYNWOOD MIDDLE LUGO ELEMENTARY MARK TWAIN ELEMENTARY PATHWAY SCHOOL ROSA PARKS ELEMENTARY THURGOOD MARSHALL ELEM. WASHINGTON ELEMENTARY WILL ROGERS ELEMENTARY WILL ROGERS C. C. WILSON ELEMENTARY VISTA /LOP (Clark St., Wright Rd.) (Abbott Rd. Martin Luther King Jr. Blvd., San Luis Ave.) (Martin Luther King Jr. Blvd., Duncan Ave., Walnut Ave., Louise Ave., Wright Rd.) (Long Beach Blvd., Palm Ave., Carlin Ave.) (Birch St., Spruce St.) (State St Los Flores Blvd., Poplar Dr.) (Cedar Ave., Nevada Ave., Lindbergh Ave., Banning Ave.) (Lindbergh Ave., Banning Ave., CedarAve.) (Imperial Hwy., Comish Ave., ColyerAve., Jackson Ave., Sampson Ave.) (Bullis Rd., Bradfield Ave., Cadin Ave.) Pendleton Ave., Abbott Rd.) (Thorson Ave. Carlin Ave., Magnolia Ave.) (Bullis Rd.) (Agnes Ave., Bradfield Ave., Ernestine Ave.) (San Luis Ave., Martin Luther King Jr. Blvd.) (Sanborn Ave., Thorson Ave., Alberta St., Pine Ave.) (Duncan Ave., Beechwood Ave.) (Duncan Ave., Beechwood Ave.) (School Street, Louise St., Lynwood Rd., Fir St) (Wright Rd.) b. The enhanced penalty for a violation of any parking ordinance set forth in the Lynwood Municipal Code or the California Vehicle Code occurring in the school zones surrounding the above - referenced schools shall be double the currently - established base fine set forth in the Lynwood Civil Penalty Schedule. C. The City of Lynwood Civil Penalty Schedule shall be amended by resolution to reflect the above - referenced fine enhancement provisions. d. For purposes of enforcement of this Ordinance, the above - referenced streets include only those portions of the streets /roadways meeting the following definition of a "school zone" as set forth in Section 40802(b)(2) of the California Vehicle Code: Attest: Andrea L. Hooper, City Clerk Approved as to form: J. Arnoldo Beltran, City Attorney Approved as to Content N. Enrique Martinez, City Manager Grant Taylor Director of Development Services DATE: November 7, 2006 TO: Honorable Mayor and City Council M rs APPROVED BY: N. Enrique Martinez, City Manager PREPARED BY: Grant Taylor, Director of Development Services �r Jonathan Colin, Development Services Manager Subject: Special Permit for Television Filming Plaza Mexico — 3100 Imperial Highway Recommendation: Staff recommends that the City Council concur with the special permit approval. Background: Lynwood Municipal Code Section 4 -8.8 requires City Council approval of a special permit for parking lot sales and events including filming. On October 31, 2006 staff received a special permit application for a live taping of a television show entitled "Ventaneando ", for Monday, November 6, 2006 from 2:00 pm to 5:00 pm. Ventaneando is a Spanish language daily morning show that has been launched by TV Azteca (Channel 54). Discussion & Analysis: The event will require setting up the following: • 24 x 48 stage • One (1) 100 amp generator surrounded with barricades • Three (3) cameras with tripods • Four foot (4) risers 8 x 8 • Five (5) HMI lights • One (1) flat bed lighting truck • One (1) production truck • One (1) satellite truck • One (1) recreational vehicle Due to the short time of the event, the City Manager must take the extraordinary step of approving the event. Fiscal Impact: The City received a $30 special permit fee. Upon approval of the application, a license fee is required prior to the event. H:\ WORDFI LET I.ANNING \STAFFRPT\nxno.council. apzciall ernil plazas , icoTfiIrving.l 1-07 -M doc $90 AGEND. ITEM Coordinated with: Planning Division Business License Division City Manager's Office Finance Department City Attorney's Office Attachments: Application Letter from Plaza Mexico Location Map Set -up Map H : \WORDFII.F.\PLANNING\STAFFRPT\ memo. council .specialpermit.plazamexico2 ilming, I 1- 07- 06.doc c|r(oF�n�v*zoo APPLICATION FOR SPECIAL PEPMIT 11330 DULLIS R0/-JD ' Ob 310-6D3-01-0 Vvr -I N CITY ZIP CCUPATION NUMaER OF PERSONS EMPLOYED SBE (State Board of Equalization NUmb,r) EVENT INFORMATION TYPE OF PERMIT REQUESTED, = - - ~ �~ ° u*Te(o)orEVEN o n uRoopnpsxATmw - ADDRESS oFpRupUaFDsvEwT�0o�Tmw . SPECIFIC AREA DESIGNATED FOR EVENT � ' '. |S STREET CLOSURE BEING REQUESTED vES ` ���_-� (CIRCLE ONE) (IF YES, BRIEFLY EXPLAIN REASON FOR EVENT AND CLOSURE: ^ |r INDOORS, APPROXIMATE TOTAL GROUND FLOOR AREA 0p STRUCTURE � HAVE YOU MADE am APPLICATION FOR THIS TYPE nF PERMIT BEFORE? m0 |p YES, vv*snE AND WHEN. |a THIS * FOR-PROFIT on NON-PROFIT EVENT? (CIRCLE ONE) /r THIS |aa NON-PROFIT EVENT oK/\ CERTAIN PORTION op THE PROCEEDS BENEFIT NON-PROFIT AGENCY on ORGANIZAT PLEASE PROVIDE THE FOLLOWING � wxxxsop ORGANIZAT BEING BENEFITED � ` xT*rswow'peornwowas� �_- ADDRESS nF ORGANIZAT � ' ,a/\vxmVEnop FEES BEING REQUESTED YES -. - IF YES, ExpL«|N� A NEGOTIATED PERCENTAGE OF THE PROCEEDS IS REQUESTED TO BE DONATED TO THE ---I HEREBY CERTIFYTHATALL STATEMENTS MADE IN THIS APPLICATION ARE TRU E- AND COMPLETE AND THAT ANY MISSTATEMENTS OF MATERIAL FAClevmLLCAuus/\ ponps|TonEop FEES AND DENIAL orPERMIT 7 77 /. / ``--/ ---AT~R`"' "',L/CAm/ DATE SIGNAT'15RE OF �AppLICANT DATE ACCEPTANCE orr*/u APPLICATION FOR REVIEW DOES NOT IMPLY APPROVAL. THIS PERMIT REQUIRES CITY COUNCIL APPROVAL YOU WILL os NOTIFIED ACCORDINGLY Az u�*��z,�� October 31, 2006 Jonathan Colin Development Services Manager City of Lynwood 11330 Bullis Road, Lynwood, CA 90262 Re: Ventaneando Live Taping Placo Investment, LLC would like to ask your permission and your support to the next Live Taping National East Coast of Ventaneando schedule for Monday, November 6, 2006 for 1hr from 2:O0pm - 3:OOpm at our stage. Ventaneando is a Spanish language daily morning show covering news, family matters, sports, humor, consumer information and business updates. Paty Chapoy is the main host of the show. The show has been launched by TV Azteca (Channel 54). Paty Chapoy will be signing autographs to her fans at the Kiosk for 45 minutes from 4:15pm - 5:OOpm. We expect at peak time approximately 250 visitors including staff please have in mind that it is on a weekday on Monday afternoon. We will have: • 1 Stage 24 x 28 • 1 Generator 100 AMP, 208 Volts and 120 Volts / internal grounded (Surrounded with barricades) • 3 Cameras with Tripods • 4 foot risers 8x8 ft • 5 HMI Lights Ix4k- 2x2k- 2x400watts • 1 Flat Bed Lighting truck (approx. 30 foot) • 1 Production truck (53 foot) • 1 Satellite truck (approx. 25 foot) • RV (30 foot) Lighting and camera cables are 1 /2 inch cover with cable runners (yellow jackets) running back to parking lot. We will appreciate your valuable support Mario Cardenas / Public Relations Director Placo Investment LLC / Tax ID # 20- 0510855 .5 uu tast imperial Hwy, Lynwood, Ca. 90262 * Phone (310) 631 4989 Fax (310) 631 1645 a IZ � � U J 1 nru run e, mi ■ i A 10", R d 10 G $ L' IN a $ y 1 6 1 1 ; ' ■ 1 r :rliV H C :i �i 00 l � u M ° O � v � d G� L w awp ° No W eZ n S e E W M ° >,QOO° m � p 9 F NN i. z F W F U H A Q z z � o d Y O .O � o F b ° '^ N A •yy.'J.. b b0 p y a0.` � � N p 1 0 V ti N M Q N b r � u M ° O � v � d G� L w awp ° No W eZ n S e E W M ° >,QOO° m � p 9 F NN i. z F W F U H A Q z z � o DATE: TO: APPROVED BY: PREPARED BY: SUBJECT: Recommendation: AGENDA STAFF REPORT November 7, 2006 Honorable Mayor & City Council Memb N. Enrique Martinez, City ManageA.�� G. Daniel Ojeda, Director of Public Works / City Engineer +fS,- Jose Molina, Utility Services Manager Award of contract for the Rehabilitation of Well No. 11 Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT FOR THE REHABILITATION OF WELL NO. 11; TO GENERAL PUMP COMPANY AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ". Background: Water Well No. 11 is located at 11645 Esther Street. This well was developed in June of 1950 and was last rehabilitated in 1991. Staff has determined that this well needs to be rehabilitated again in order to increase its water production efficiency. Discussion & Analysis The Notice Inviting Bids for the Rehabilitation of Well No. 11 was advertised on September 21, 2006 in the Lynwood Press Wave, F.W. Dodge (Green Sheet), Reed Construction Data, Bid - America, Sierra Contractors Exchange, and Long Beach Press Telegram. A total of sixteen (16) bid packages were received by contractors. The bid opening took place in the office of the City Clerk on October 10, 2006. Four (4) contractors submitted bids: CONTRACTOR General Pump Company Layne Christensen Company South West Pump & Drilling SoCal Pump & Well Service BASE BID QUOTE $ 117,150.00 $ 132,611.00 $171,338.00 $ 191,272.00 General Pump Companyis the apparent lowest responsible bidder at $ 117,150.00 Fiscal Impact: The funding is available in the Capital Improvement Project, Project Ni . AGEND 05 -5331 to pay for this service. ITEM Coordinated With: Finance Department ,City Attorney's Office and City Clerk's Office/ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT FOR THE REHABILITATION OF WELL NO. 11; TO GENERAL PUMP COMPANY AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. WHEREAS, the Well No. 11 Rehabilitation Project is listed under the Capital Improvement Project, Project No. 05 -5331 for fiscal year 2006 -2007, and is funded with the 1999 Water Bond proceeds; and WHEREAS, the bid opening for this project took place on October 10, 2006, and General Pump company was the apparent lowest responsible bidder at $ 171,150.00; and WHEREAS, a reference check has revealed that the Contractor has the necessary experience and expertise. NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, proclaim, order and resolve as follows: Section 1. That the contract for the Rehabilitation of Well No. 11, Project No. 05 -5331 be awarded to General Pump Company. Section 2. That the Mayor is hereby authorized to execute the contract agreement with General Pump Company. Section 3 . This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 7 th day of November, 2006. LETICIA VASQUEZ, Mayor City of Lynwood ATTEST: ANDREAS L. HOOPER, City Clerk City of Lynwood N. ENRIQUE MARTINEZ City Manager APPROVED AS TO FORM City Attorney City of Lynwood APPROVED AS TO CONTENT G. DANIEL OJEDA Director of Public Works/ City Engineer H: \WORDFILE\PUBWORKS \COUNCIL \C0006097We1111 RehabAWard.=DOC STATE OF CALIFORNIA ) ) SS. 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 2006 and passed by the following vote: AYES: NOES: ABSTAIN: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS. 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 2006 City Clerk, City of Lynwood AGENDA STAFF REPORT DATE: November 7, 2006 TO: Honorable Mayor & City Council Mem rs APPROVED BY: N. Enrique Martinez, City Manager \ 1 PREPARED BY: Dan Ojeda, Director of Public Works / City Engineer `'ha' i) Jose Molina, Utility Services Manager SUBJECT: Acceptance of the Rehabilitation of Well No. 19 Project Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE REHABILITATION OF WELL NO. 19 PROJECT AS COMPLETE ". Background: On March 21,2006, the City Council awarded a contract to the lowest bidder, Layne Christensen Company, in the amount of $188,605.00 for the Rehabilitation of Well No. 19 Project, Project No. 05 -5237. Discussion & Analysis: The project started on April 20, 2006, and was completed on September 20, 2006. Staff conducted the final inspection on September 21, 2006, and found that all work has been completed satisfactorily in accordance with the project plans and specifications. The final total cost of the project was $174,561.25 Fiscal Impact: The funds expended on this project are slightly under the budgeted amount approved by the LUA. Coordinated With: Finance Department ,City Attorney's Office and City Clerk's Office ITEM I's RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE REHABILITATION OF WELL NO. 19 PROJECT, PROJECT NO. 05 -5237 AS COMPLETE. WHEREAS, on March 21, 2006, the City Council awarded a contract of $188,605.00 to Layne Christensen Company for the Rehabilitation of Well No. 19 project; Project No. 05 -5237; and WHEREAS, the project started on April 20, 2006 and was completed on September 20, 2006; and WHEREAS, staff inspected the project on September 21, 2006, and found that all work has been completed in accordance with the project plans and specifications. 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 Rehabilitation of Well No. 19 Project; Project No. 05 -5237 as complete in accordance with contract documents. Section 2. This resolution shall go into effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 7 th day of November, 2006. LETICIA VASQUEZ, Mayor City of Lynwood ATTEST: ANDREA L. HOOPER, City Clerk City of Lynwood N. ENRIQUE MARTINEZ City Manager APPROVED AS TO FORM City Attorney City of Lynwood APPROVED AS TO CONTENT G.DANIEL OJEDA Director of Public Works / City Engineer STATE OF CALIFORNIA ) ) SS. 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 2006 and passed by the following vote: AYES: NOES: ABSTAIN: ABSENT: day City Clerk, City of Lynwood STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS. 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 2006 City Clerk, City of Lynwood AGENDA STAFF REPORT DATE: November 7, 2006 TO: The Honorable Mayor and Member Ity Council APPROVED BY: N. Enrique Martinez, City Manager �r�O PREPARED BY: G. Daniel Ojeda, P.E., Director of ubllc Works /City Engineer Josef Kekula, Interim Public Works Engineering Manager SUBJECT: Re- appropriation of the 2000 Resources Bond Act Funds and Allocation of the 2002 Resources Bond Act Funds 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 RE- ALLOCATION OF THE 2000 PER CAPITA AND ROBERTI- Z'BERG- HARRIS STATE RESOURCES BOND ACT FUNDS, THE ALLOCATION OF THE 2002 PER CAPITA AND ROBERTI- Z'BERG- HARRIS RESOURCES BOND ACT FUNDS AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE FUND APPROPRIATIONS AND TRANSFERS FOR THE LYNWOOD MEADOWS PARK PROJECT, PROJECT NO. 05 -5289 AND THE ROSE PARK PROJECT, PROJECT NO. 05- 5326 ". BACKGROUND: In 2000 and 2002, California voters approved the passing of the 2000 and 2002 Resources Bond Acts. The purpose of these bonds was to provide funds to improve existing parks and open spaces or for the construction of new parks and open spaces. The City of Lynwood received certain bond funds allocations as detailed below. These bond funds are based on a reimbursement basis. The 2000 Bond Act The City received an allocation of $644,000 of Per Capita funds and $201,777 of Roberti- Z'Berg- Harris (RZH) funds. The 2000 RZH grant required a City match of $86,476. In 2004, the City Council approved the appropriation of these funds as follows: ITEM H:\WORDFILE \PUBWORKS\ COUNCIL\ C0006102percaitamhbondreappr .doc l Project Name 2000 Per Capita 2000 RZH General Fund Total Allocation Rose Park $ 215,000 - - -- - - -- $ 215,000 Teen Square $ 150,000 - - -- - - -- $ 150,000 Natatorium Upgrades $ 200,000 - - -- - - -- $ 200,000 Veterans Memorial $ 79,000 $ 201,777 $ 86,476 $ 367,253 Totalsl $ 644,000 1 $ 201,777 1 $ 86 1 $ 932,253 The 2000 Per Capita and RZH funds must be expended by June 30, 2009. The 2002 Bond Act The City received an allocation of $316,000 of Per Capita funds and $194,424 of RZH funds. The 2002 RZH funds did not require a City match. The 2002 Bond Act funds, however, have not yet been appropriated by the City Council. The 2002 Per Capita and 2002 RZH funds must be expended by June 30, 2011. DISCUSSION AND ANALYSIS: The 2000 Per Capita allocation of $79,000 was expended on the design of the Veterans Memorial Project. During the recent budget approval process for FY 2006 -07, City Council re- appropriated the balance of $120,000 from the Natatorium Project to the Baseball Field No. 3 Lighting Project at Lynwood City Park. The current estimated project balance allocations for the 2000 bonds are tabulated below: Project Name 2000 Per Capita 2000 RZH General Fund Total Allocation Rose Park $ 215,000 - - -- - - -- $ 215,000 Teen Square $ 150,000 - - -- - - -- $ 150,000 Baseball Field Lights $ 120,000 - - -- - - -- $ 120,000 Veterans Memorial - - -- $ 201,777 $ 86,476 $ 288,253 Totals $ 485,000 1 $ 201,777 $ 86,476 1 $ 773 Staff has reviewed the Per Capita and RZH funded projects to determine the most effective use of these funds. The following was found: The $150,000 of 2000 Per Capita funds allocated to Phase II of the Teen Square Project includes improvements to the median island and the pavement of the parking lot adjacent to Lynwood Park. Phase I of this project has been complete. Phase II of this project can be deferred to a latter date. H:\WORDF I LE\PU BW ORKS\ COUNCIL \C0006102percaitarzhbond reappr. doc The construction cost of Rose Park is estimated at $750,000 and therefore this project has a current estimated shortfall of $535,000. The construction cost of the Veterans Memorial is estimated at about $1.8 million and as such this project has a shortfall of about $1.51 million. The Lynwood Meadows Park Project is funded by a $562,500 grant from the Rivers and Mountains Conservancy (RMC) and a $76,950 grant from the State Youth Soccer and Recreation Development Program. The total estimated construction cost is $1,930,000 therefore this project has a shortfall of about $1,290,550. The Teen Square Project Phase II, Rose Park and the Veterans Memorial Projects are not funded with grant funds and therefore are not subject to grant requirements. On the other hand, the Lynwood Meadows Project is funded by two separate grants therefore the City has a greater obligation to complete this project. In view of the severe funding shortfall and the significant impact of the Lynwood Meadows Project, a more effective use of the 2000 and 2002 Per Capita and the RZH funds could be to maximize the funding for this project by re- appropriating these funds as follows: Project Name 2000 Per Capita 2000 RZH 2002 Per Capita 2002 RZH General Fund Total Allocation Rose Park T 215,000 — — - -- — $ 215,000 Teen Square — -- -- — -- Veterans Memorial -- - -- -- — -- --- Lynwood Meadows $ 150,000 $ 201,777 $ 316,000 $ 194,424 $ 86,476 $ 948,677 Totals $ 365,000 $ 201,777 1 $ 316,000 1 $ 194,4241$ 86,476 1 $ 1,163,677 By re- appropriating these funds the Lynwood Meadows Park Project funding would be about $1.58 million, which leaves a smaller funding gap of about $350,000. The funding gap for Rose Park would be $535,000. The funding gap for both of these projects can be bridged by utilizing the City's Contingency Fund and the Unappropriated General Fund Balance. FISCAL IMPACT: This action will require the appropriation of $230,000 of the Contingency Set - Aside Fund and $655,000 of General Fund. COORDINATED WITH: Finance Department, City Clerk's Office, City Manager's Office and City Attorney's Office H:\WORDFILE\PUBWORKS\COUNCIL\COU06102percaitarzhbondreappr.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE RE- ALLOCATION OF THE 2000 PER CAPITA AND ROBERTI- Z'BERG- HARRIS STATE RESOURCES BOND ACT FUNDS, THE ALLOCATION OF THE 2002 PER CAPITA AND ROBERTI- Z'BERG- HARRIS RESOURCES BOND ACT FUNDS AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE FUND APPROPRIATIONS AND TRANSFERS FOR THE LYNWOOD MEADOWS PARK PROJECT, PROJECT NO. 05 -5289 AND THE ROSE PARK PROJECT, PROJECT NO. 05 -5326 WHEREAS, the Lynwood Meadows Park Project and Rose Park Project are scheduled for construction this fiscal year; and WHEREAS, both the Lynwood Meadow Park Project and the Rose Park Project have funding shortfalls; and WHEREAS, staff has identified available funds that maybe re- appropriated and transferred to the Lynwood Meadow Park Project and Rose Park Project. NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, proclaim, order and resolve as follows: Section 1 . That the Lynwood City Council approves the re- allocation and transfer of the 2000 Per Capita Bond Act funds and the 2000 Roberti Z'Berg Harris Resource Bond Act funds (RZH) as follows: From Veterans Memorial Project Project No.05 -5255 T Lynwood Meadows Park Proiect No. 05 -5289 2000 RZH Fund $201,777 General Fund $86,476 Teen Square Project Project No. 05 -5257 2000 Per Capita $150,000 2000 RZH Fund $201,777 General Fund $86,476 Lynwood Meadows Project Proiect No. 05 -5289 2000 Per Capita $150,000 H:\WORDFILE\PUBWORKSNCOUNCIL\COU06102percaitamhbondreappr.doc Section 2. That the Lynwood City Council approves the allocation of the unappropriated 2002 Per Capita Resource Bond Act funds and 2002 Roberti Z'Berg Harris Resource Bond Act funds (RZH) as follows: From Unappropriated 2002 Per Capita and 2002 RZH Funds To Lynwood Meadows Project Project No. 05 -5289 2002 RZH Fund $194,424 2002 Per Capita Funds $316,000 2002 RZH Fund $194,424 2002 Per Capita Funds $316,000 Section 3. That the Lynwood City Council approves the following appropriation and transfers: From Contingency Set -Aside Fund (38) To Lynwood Meadows Project Project No. 05 -5289 $230,000 Unappropriated General Fund (01) Fund Balance $120,000 Unappropriated General Fund (01) Fund Balance $535,000 $230,000 Lynwood Meadows Project Project No. 05 -5289 $120,000 Rose Park Project Project No. 05 -5326 $535,000 Section 4. That the City Manager of Designee is authorized to make the necessary fund appropriations and transfers. Section 5. This resolution shall take effect immediately upon its adoption. H:\WORDFILE\PUBWORKS\COUNCIL\COU06102percaitarzhbondreappr.doc PASSED, APPROVED and ADOPTED this 7 th day of November, 2006. LETICIA VASQUEZ, Mayor City of Lynwood ATTEST: ANDREA L. HOOPER, City Clerk N. ENRIQUE MARTINEZ, City Manager APPROVED AS TO FORM CITY ATTORNEY, City of Lynwood APPROVED THIS CONTENT: G. DANIEL OJEDA, P.E. Director of Public Works / City Engineer H:\WORDFILE\PUBWORKS\COUNCILNCOU06102percsitamhbondreappr.doc STATE OF CALIFORNIA ) ) ss. 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 , 2006, and passed by the following vote: AYES: NOES: ABSENT: STATE OF CALIFORNIA ) ) ss. 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. City Clerk, City of Lynwood on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of 9 City Clerk, City of Lynwood H:\WORDFILE\PUBWORKSkCOUNCIL\COU06102percaitamhbondreappr.doc AGENDA STAFF REPORT DATE: November 7, 2006 TO: The Honorable Mayor and Members gJjthplCijty�Council APPROVED BY: N. Enrique Martinez, City Manager �`� / //` PREPARED BY: G. Daniel Ojeda, P.E., Director of Public Works /City Engineery Josef Kekula, Interim Public Works Engineering Manager SUBJECT: Appropriation and Transfer from City's General Fund Balance to the City Hall /Senior Center Parking Lot Improvement Project, Project No. 05 -5297 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 APPROPRIATION AND TRANSFER OF $800,000 FROM THE CITY'S GENERAL FUND BALANCE TO THE CITY HALUSENIOR CENTER PARKING LOT IMPROVEMENT PROJECT, PROJECT NO. 05 -5297 AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY APPROPRIATION AND TRANSFER ". BACKGROUND: The City Hall /Senior Center parking lot improvement in conjunction with the Senior Center Project, Project No. 05 -5297 needs to be completed before the Senior Citizen Center opens. The completion of this project will help address some of the current parking concerns at City Hall /Civic Center Complex. As such, the project plans and specifications have been completed and the bid opening is scheduled for November 8, 2006. DISCUSSION AND ANALYSIS: Based on the completed plans and specifications, the cost estimate to improve this parking lot is about $800,000. The reason for this high estimated cost is the recent dramatic increase in construction costs for materials such as asphalt, concrete and reinforcing steel. H:\WORDFILE\PUBWORKS\COUNCIL\COU06106CHparkinglot.doe ITEM 2b ...— J FISCAL IMPACT: Since the cost to improve this parking lot was not included in the $3,000,000 budget of the Senior Center Project, $800,000 will need to be appropriated. Staff has identified un- appropriated General Fund that can be d for this project. COORDINATED WITH: Finance Department, City Clerk's Office, City Attorney's Office and City Manager's Office H:\WORDFILE\PUBWORKS\COUNCIL\COU06106CHparkinglot.doe RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE APPROPRIATION AND TRANSFER OF $800,000 FROM THE CITY'S GENERAL FUND BALANCE TO THE CITY HALL /SENIOR CENTER PARKING LOT IMPROVEMENT PROJECT, PROJECT NO. 05- 5297 AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY APPROPRIATION AND TRANSFER WHEREAS, the City Hall /Senior Center Parking Lot Improvement Project needs to be completed to address some of the parking concerns at City Hall; and project; and WHEREAS, funding is needed for the construction phase of this WHEREAS, funds have been identified that maybe appropriated and transferred to the City Hall /Senior Center Parking Lot Project. NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, proclaim, order and resolve as follows: Section 1 . That the Lynwood City Council approves the appropriation and transfer of the City General Fund as follows: From To Unappropriated General Fund (01) City Hall /Senior Center Parking Lot Fund Balance Improvements, Project No. 05 -5297 Section 2. That the City Manager or designee is authorize to make the necessary fund appropriation and transfer. adoption. Section 3. This resolution shall take effect immediately upon its PASSED, APPROVED and ADOPTED this 7 th day of November, 2006. LETICIA VASQUEZ, Mayor City of Lynwood H:\WORDFILE\PUBWORKS\COUNCIL\COU06106CHparkinglot.doc ATTEST: ANDREA L. HOOPER, City Clerk RIQUE MARTINEZ, City Manager APPROVED AS TO FORM: CITY ATTORNEY, City of Lynwood APPROVED THIS CONTENT: G. DANIEL OJEDA, P.E. Director of Public Works / City Engineer H:\WORDFILENPUBWORKS\COUNCIL\COU06106CHparkinglot.doc STATE OF CALIFORNIA ) ) ss. 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 2006, and passed by the following vote: AYES: NOES: ABSENT: STATE OF CALIFORNIA ) ) ss. 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. City Clerk, City of Lynwood on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of 2006. City Clerk, City of Lynwood H:\WORDFILE\PUBWORKSkCOUNCIL\COU06106CHparkinglot.doc AGENDA STAFF REPORT DATE: November 7, 2006 TO: Honorable Mayor and Members of tf�Cipy / puncil APPROVED BY: N. Enrique Martinez, City Manager /� PREPARED BY: Lorry Hempe, Assistant City Manager SUBJECT: AWARD OF CONTRACT TO SECURE THE CITY'S PARKS AND PUBLIC FACILITIES 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 SERVICES AGREEMENT WITH PREFERRED RESPONSE SECURITY SERVICES TO PROVIDE SECURITY GUARD SERVICES FOR THE CITY'S PARKS AND PUBLIC FACILITIES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ". Background: A private security firm through contractual services is currently patrolling the City's parks and public facilities. The existing agreement with California Security Incorporated which expired last year was extended until November 15, 2006. In anticipation of the expiration of the agreement with California Security Incorporated staff issued a Request for Proposals in May 2006 to solicit proposals for security services. At the recommendation of a special counsel, staff solicited proposals for unarmed services instead of armed services. This is a shift from the City's existing contracted services. Discussion and Analysis: In the RFP, staff stated that security services are viewed by the City as an extension of the City's public safety services. The City anticipates contract security staff to provide professional and high quality service at a reasonable cost. The contracted services to be retained require high visibility, significant public relations skills, effective communication, alertness and strong problerp solving abilities. AGEND. ITEM C;1I The City received thirteen (13) proposals including a proposal from the City's Parking Enforcement Division. Staff evaluated the proposals and created a short list of six (6) firms for the Selection Panel to interview. Attachment "A" shows a list of security providers that submitted a proposal to the City and their ranking in the RFP process. Attachment "B" is the Selection Panel interview questions and points given to each firm in the short list. Lt. Silverio Rivas of the Century Sheriff Station, Art Hernandez, Recreation Coordinator of the City's Recreation and Community Services, and Carlos Ramos, Public Safety Director of City of Norwalk served on the Selection Panel. The Selection Panel ranked the security firms based on the results of the interviews. Recreation and Community Services Staff then visited the top two ranked firms and recommended the best firm that would meet the City's needs. Based on the three - tiered evaluation, Preferred Response Security Services, Inc. ranked the highest. Preferred Response Security Services, Inc. is a subsidiary of Standard Parking Corporation. Preferred Response Security Services, Inc. and Standard Parking Corporation are the contract vendors of security services for the Chinatown Business Improvement District, various shopping malls, sports venues, and office complexes nationwide. As with the previous security services provider, if the contract with Preferred Response Security Services, Inc. is approved, security services for Bateman Hall events and other City special events will also be provided by Preferred Response Security Services, Inc., as a vendor of choice, at a rate of $19.58 per hour in FY 06/07 and $20.26 per hour in FY 07/08. The anticipated start date of the proposed agreement is December 1, 2006. Staff is recommending extending the services agreement with California Security Services, Inc. until November 30, 2006 to accommodate the transition. There is an anticipated change in patrol hours to accommodate current needs at the park. Park usage from 6:00 am to 7:00am and 10:30pm to 11:00pm is low. The proposed security services provider will provide services from 7:00am to `a Preferred Response Security Services initially proposed $19.72 per hour for a regular bill rate and $29.98 for overtime rate to the City. Staff negotiated with the company to lower their rates. The negotiated rates are as follows: 10:30pm instead of 6:OOam to 11:00pm. Staff will monitor the effectiveness of the schedule change on park safety and will make adjustment with Preferred Response Security Services, Inc. as necessary. Fiscal Impact: Total cost of the nineteen -month contract is estimated at $336,684. Staff has budgeted $183,000 for FY 06107 for security services and require additional funds of $9,054 to cover the remaining cost of security services with the new service provider. The need for additional funds can be determined during the mid year budget. Coordinated With: City Attorney's Office Finance & Administration Recreation and Community Services Attachments: Attachment "A" - List of Firms and Evaluation Ranking Attachment "B"— Selection Panel - Interview Draft Service Agreement K3 ATTACHMENT "A" - LIST OF FIRMS AND EVALUATION RANKING to Q LL O ~ W N J 0 O 2 fn 7 City of Lynwood $17.73 WA WA NO 8 Crime Enforcement $15.85 WA WA NO Services 9 Independent National $9 $16.56 $24.84 NO Security 10 Mainland Best Security $8.50 $12.20 $18.30 NO 11 Rusida USA $7.50 $16.50 $27.52 NO 12 Security Defense $9 $14.25 $21.38 NO 13 Wilshire Protection $10 $22.95 $34.43 NO 4 SECURITY FIRM WAGE BILL RATE OVERTIME SHORT- SELECTION RANKING RATE TO TO CITY RATE TO LISTED PANEL BASED ON OFFICER CITY CANDIDATE RANKING SITE VISIT BY POINTS ATTACHMENT'S' SELECTION PANEL i 1 TM U..MU[1M bbbry MNM YeureomrynY4 lbwb b to .nN M.tlW aar.1 b b..noPr.l Ml (stoic PM: W. and u14waYrtl N tlwwmperry M. N.ucwGwhMW9 w. 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How.6ygent Y FM wraenYp opentlom'I I WMl b your aWAWnl yN]P Wont wawa" of yon undrw.ro wens W N o1NnM . pnibn9 WMIWoubpumnsbwlM M. O W mmi Nota. b 1g OOnWerwnw nrmYpalon epplMnN (stoned Pea tlr W. mlb bqw mm.rn.o MeonWHm. son up wtaont ere mllwanY. •r.E gag' berm.i What b IM murky mm"ny'. rmrgelea MFYq 11 r.gule.ln.rlly (Nob b Piew" Were FbreeW F uMVbtaw" Me wgeW. nm nee baFeq. What b yew IMMa. W Mobocrat, rn q ton 011i 12 (Nobb PanNb'. No May lust training %mr owor Wici training In rtluc. eamn, %? Con Me wdar go We rbu:br bWmnle.? _I I I [ 95.3 87.7 86.7 80.3 63.7 51.7 1 2 3 4 5 6 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE SERVICES AGREEMENT WITH PREFERRED RESPONSE SECURITY SERVICES TO PROVIDE SECURITY GUARD SERVICES FOR THE CITY'S PARKS AND PUBLIC FACILITIES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City has the need for regular uniformed security guards services from time to time to provide security services for the City s parks and public facilities; and WHEREAS, the security guard services is to ensure the safety of and to protect City's personnel, facilities' users and property from breach of security and criminal activity; and WHEREAS, the City issued a Request for Proposals and based on internal evaluation of all proposals by staff, interviews conducted by a Selection Panel and site visits by Recreation and Community Services staff, staff selected Preferred Response Security Services; and WHEREAS, Preferred Response Security Services, Inc. is in the business of hiring, training and supervising security guards and providing security guards services on a contract basis to parties in need of security guards. NOW, THEREFORE the City Council of the City of Lynwood does hereby find, determine, order and resolve as follows: Section 1: That the Mayor is authorized to execute a Services Agreement, in a form approved by the City Attorney, between the City and Preferred Response Security Services, Inc. in substantially the same form as the attached Services Agreement in the amount of $336,684 for a term commencing December 1, 2006 and ending June 30, 2008. Section 2: That the City will utilize Preferred Response Security Services, Inc. as a first vendor of choice to provide security guard services for the City's special events and functions at Bateman Hall through a purchase order agreement on an as needed basis separate from the contract cost limit of the Services Agreement. Said services to be provided at the hourly rates set forth in Exhibit "D" to the Services Agreement. Section 3: That the extension of services by California Security Services, Inc. is authorized from November 15, 2006 to November 30, 2006 to accommodate the transition of security services by Preferred Response Security Services on December 1, 2006. E Section 3 : This resolution shall become effective immediately upon its adoption. PASSED, APPROVED and ADOPTED this 7" day of November 2006. ATTEST: ANDREA L.HOOPER CITY CLERK APPROVED AS TO FORM: J. ARNOLDO BELTRAN CITY ATTORNEY LETICIA VASQUEZ, MAYOR N. ENRIQUE MARTINEZ CITY MANAGER LORRY HEMPE ASSISTANT CITY MANAGER 7 CITY OF LYNWOOD SERVICES AGREEMENT This Security Services Agreement ( "Agreement") is made as of the 13th day of November 2006 by and between the CITY OF LYNWOOD, a Municipal Corporation ( "CITY ") and Preferred Response Security Services, Inc., a Delaware Corporation, qualified to do business in California ( "COMPANY "). CITY and COMPANY are sometimes hereinafter individually referred to as a "Party" and collectively referred to as the "Parties." 1. RECITALS This Agreement is made with reference to the following facts and objectives: 1.1 CITY operates at 11330 Bullis Road in the State of California, in Los Angeles County, and has the need for regular uniformed security guards services from time to time at the locations described in Exhibit 'A" which is attached hereto and hereby incorporated and made part of this Agreement by this reference. 1.2 COMPANY is in the business of hiring, training and supervising security guards and providing security guard services on a contract basis to Parties in need of security guards. 1.3 COMPANY'S purpose is to ensure the safety of and to protect CITY'S personnel, facilities users and property from (1) breaches of security, and (2) criminal activity. 1.4 COMPANY desires to perform such services for CITY, and CITY desires to retain the services of COMPANY on the terms and conditions set forth in this Agreement. 2. PROVISIONS In consideration of the foregoing recitals, and of the mutual promises contained herein, COMPANY and CITY agree as follows: 2.1 Term. The term of this Agreement shall be nineteen (19) months, commencing on December 1, 2006 and ending on June 30, 2008 unless sooner terminated as provided herein. 2.2 Services. COMPANY shall provide uniformed security guard services for CITY during the hours described in Exhibit "D" which is attached hereto and hereby incorporated and made part of this Agreement by this reference, and at the locations described in Exhibit "A" "Security Services 1 Locations and Map." The nature and scope of the specific services to be performed by COMPANY are as described in Exhibit "B," which is attached hereto and hereby incorporated and made part of this Agreement by this reference. Exhibit "B" consists of the following sections: SECTION 1. "SCOPE OF WORK" SECTION 2. "COMPANY PERSONNEL REQUIREMENTS" SECTION 3. "COMPANY SUPERVISION REQUIREMENTS" SECTION 4. "COMPANY TRAINING REQUIREMENTS" SECTION 5. "COMPANY COMPLAINT PROCEDURE" SECTION 6. "EQUIPMENT" SECTION 7. "SPECIAL PROVISION" 2.3 Uniforms and Equipment. The nature and scope of the specific requirements to be provided or performed by COMPANY are described in Exhibit "B ". 2.4 Duties and Conduct. The specific duties and conduct of the security guards furnished by the COMPANY shall be as described in Exhibit "B." CITY reserves the right to issue additional reasonable special instructions (either verbally or in writing) through its employees. Any change in the agreed upon normal Operational Plan must be made in writing to the COMPANY. The security guard services provided by COMPANY pursuant to this Agreement shall be performed by qualified, adequately trained, efficient, and discreet employees in accordance with recognized security practices and procedures and with the standard rules and special instructions issued by CITY as stated above. If for good reason CITY believes that any employee of COMPANY is not properly carrying out his or her duties, COMPANY shall, upon request by CITY remove that employee from the performance of the services to be provided under this Agreement and shall substitute another employee. 2.5 Compliance with Laws. In performing the security guard services required under this Agreement, COMPANY and its security guards shall comply with all applicable federal, state, county and city statutes, ordinances and regulations. COMPANY shall provide to CITY the information requested in Exhibit "C," which is attached hereto and hereby incorporated and made part of this Agreement by this reference and shall update such information if this Agreement is materially amended. 2.6 Fees for Security Services. In consideration of the provisions and performance of the security guard services described herein by COMPANY, CITY shall provide payment to the COMPANY as described in Exhibit "D." All expenses related to the security services provided by COMPANY pursuant to this Agreement shall be paid by COMPANY, including, but not limited to, all labor costs, bonds and insurance 2 premiums, uniforms and equipment and overhead costs. 2.7 Payments. For security guard services provided pursuant to this Agreement, COMPANY will invoice CITY by the submission of biweekly invoices accompanied by Preferred Response Security Services ( "PRSS ") electronic time keeping sheets showing the hours and fractions of hours worked by the COMPANY'S employees. Payment is due approximately thirty (30) working days after submission of invoice. CITY shall endeavor to pay invoices bearing correct and authorized charges within thirty (30) days of the date they are received; however, COMPANY acknowledges and agrees that due to CITY warrant run procedures, the CITY cannot guarantee that payment will occur within this time period. CITY shall not be responsible to COMPANY for any additional charges interest or penalties due to a failure to pay within such period. 2.8 Employees of Company. COMPANY agrees that each person employed or used by COMPANY in providing security guard services hereunder shall be paid by COMPANY, and that no such person shall be considered to be in the employment of CITY. It is understood that COMPANY shall be responsible for selection and discharge of its employees, and shall be responsible for the control and supervision of the security guards. It is further understood that for all purposes of this Agreement, COMPANY is an independent contractor, and as such, COMPANY agrees to comply, at COMPANY's own expense, with all requirements of federal, state and local laws and regulations, and all applicable collective bargaining agreements, relating to labor, worker's compensation, unemployment compensation or insurance or old age benefits, including the filing of all returns and reports required of employers under the provisions thereof, and the payment of all taxes or contributions, and to indemnify and hold harmless CITY from and against all claims and demands for any such taxes or contributions, penalties and interest which may be imposed on the CITY with respect to all or part of the consideration to be paid to COMPANY hereunder. 2.9 Insurance. COMPANY shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by CITY: (1) a policy or policies of broad -form commercial general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by COMPANY, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; and (4) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. 3 CITY, its officers, employees, attorneys, and volunteers shall be named as additional insured on the policy(ies) as to comprehensive general liability and property damage coverages. 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 CITY thirty (30) days' prior written notice thereof. COMPANY agrees that it will not cancel, reduce or otherwise modify said insurance coverage. COMPANY agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of COMPANY and the cost of such insurance may be deducted, at the option of CITY, from payments due COMPANY. COMPANY shall submit to CITY: (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) 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 CITY'S appropriate standard forms entitled "Additional Insured Endorsement ". 3. GENERAL PROVISIONS 3.1 Attorneys 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. 3.2 Assignment. Neither this Agreement nor any duties or obligations under this Agreement may be assigned by COMPANY without the prior written consent of CITY. 3.3 Complete Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between COMPANY and CITY. 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 CITY will 0 only be valid if signed by the Mayor and attested by the City Clerk. 3.4 COMPANY 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 CITY 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. COMPANY will, in all solicitations or advertisements for employees placed by or on behalf of COMPANY 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. COMPANY will cause the foregoing provisions to be inserted in any subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 3.5 Termination CITY or COMPANY may terminate this Agreement with or without cause upon sixty (60) days' written notice to the other Party. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the sixtieth (60th) day following delivery of the notice. In the event of such termination, CITY agrees to pay COMPANY for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, COMPANY shall discontinue performing security services in accordance with written instruction of CITY. 3.6 Conflict of Interest COMPANY covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by COMPANY under this Agreement, or which would conflict in any manner with the performance of its services hereunder. COMPANY further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, COMPANY shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. COMPANY covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to CITY as a result of 5 the performance of this Agreement. COMPANY'S covenant under this section shall survive the termination of this Agreement. 3.7 No Agency. It is the agreement of both Parties that COMPANY is an independent contractor, and COMPANY is not an agent or employee of CITY. COMPANY is, and shall at all times remain as to CITY, a wholly independent contractor. COMPANY 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. COMPANY 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 CITY. 3.8 Indemnification COMPANY is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and CITY is relying upon the skill and knowledge of COMPANY to perform said services and duties. COMPANY agrees to indemnify and hold harmless CITY by executing CITY'S standard form entitled "Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution" concurrently with the execution of this Agreement which instrument is incorporated into this Agreement by this reference. 3.9 Confidentiality COMPANY in the course of its duties may have access to confidential data of CITY, private individuals, or employees of the CITY. COMPANY covenants that all data, documents, discussion, or other information developed or received by COMPANY or provided for performance of this Agreement are deemed confidential and shall not be disclosed by COMPANY 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. COMPANY'S covenant under this section shall survive the termination of this Agreement. 3.10 Applicable Law, This Agreement shall be interpreted, construed and enforced under the laws of the State of California. 3.11 Severabilitv If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall remain in full force and effect. 3.12 Notices. Any bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during COMPANY'S regular business hours or by facsimile before or during COMPANY'S regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this Section, or to such other addresses as the Parties may, from time to time, designate in writing pursuant to the provisions of this 11 Section. All notices given under any of the provisions of this Agreement shall be given in writing and by personal delivery or certified mail, postage paid, at the address of the respective Parties set forth below. V. If to CITY City of Lynwood, Attn: Director of Recreation and Community Services 11330 Bullis Road Lynwood, CA 90262 If to COMPANY Preferred Response Security Services, Inc. Attn.: Randall K. Ely, Vice President 707 Wilshire Blvd., 35"' Floor Los Angeles, CA 90017 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY CITY OF LYNWOOD, a municipal corporation la Leticia Vasquez, Mayor COMPANY PREFERRED RESPONSE SECURITY SERVICES, INC. a Delaware corporation qualified to do business in California M ATTEST: M Randall K. Ely, Vice President Andrea L. Hooper, City Clerk APPROVED AS TO FORM: 0 J. Arnoldo Beltran, City Attorney 7 APPROVED AS TO CONTENT: 0 Lorry Hempe, Assistant City Manager EXHIBIT "A" SECURITY SERVICES LOCATIONS & MAP PUBLIC PARKS Lynwood City Park Los Amigos Park I & II Ham Park (Future) Lynwood Meadows (Future) PUBLIC FACILITIES City Hall City Hall North Annex Bateman Hall Teen Center Senior Center Community/Transit Center Natatorium Public Works Yard p EXHIBIT "B" SERVICES 1. SCOPE OF WORK The following are tasks and work activities as general minimum work and services that the security personnel shall perform and are applicable to all City Facility /Site Locations referenced in Exhibit "A ": a. COMPANY'S Responsibilities The COMPANY shall be responsible for the complete performance of all of the scope of work herein. This responsibility includes the supply of the tools, equipment, supplies and methods used to perform the security services work, and protections of property of every description used in connection therewith. The CITY and COMPANY agree to develop an Operational Plan that will clarify and specify the responsibilities and duties assigned to the COMPANY personnel, and the contents of such Operational Plan will become part of the terms of this Agreement. Such Operational Plan shall be completed prior to Company's commencement of performance under this Agreement, or within two weeks after the execution of this Agreement by all Parties, whichever date occurs first. b. Personnel Levels The COMPANY shall have the capability to provide levels of security personnel required to perform regularly scheduled work and meet the emergency requirements that result from civil disturbances, riots, war, terrorism, natural disasters labor actions /strikes or new legislation or executive orders. c. Maintenance of Peace and Order Security Officers shall prevent breaches of the peace, or any other disorderly conduct, which would cause harm to personnel or the damage and /or loss of property, of which they are reasonably aware within the confines of their expected duties as unarmed security personnel. d. Prevent Unauthorized Access Security Officers shall prevent unauthorized person(s) from gaining access to City facilities /property, of which they are reasonably aware within the confines of their expected duties as unarmed security personnel. When necessary, the Security Officers shall detain such unauthorized person(s), and call for the necessary assistance from the Los Angeles County Sheriff's Department. Security Officers 10 shall turn over custody to the Los Angeles County Sheriff's Department any person (s) who have violated any law(s) or have gained unauthorized access to City facilities and /or property. e. Hazardous Conditions Security Officers shall report daily, or as the circumstances warrant, any potentially hazardous conditions and /or items in need of repair, including inoperative lights, leaky faucets, toilet stoppages, broken or slippery floor surfaces (of which they are reasonably aware within the confines of their expected duties as unarmed Security Officers) to the City Manager or his designee or the appropriate City supervisor in charge of the assigned facility. f. Emergency Assistance In the event of an emergency or unusual occurrence, of which the unarmed Security Officers are or reasonably should be aware, which adversely affects the interest of the City, Security Officers shall summon for the appropriate assistance, such as the local fire or police department, and immediately notify the City Manager or his designee 24 hours a day at the City designated phone number during and after hours. g. Injury or Illness Security Officers shall obtain professional assistance for and in accordance with local procedures in the event of injury or illness to members of City employees, general public or others (of which they are reasonably aware within the confines of their expected duties as unarmed Security Officers) while in buildings and /or on the grounds under control of the City. h. Reports and Records Security Officers shall prepare all required written reports, including reports on incidents and injuries for the City Manager's designated department overseeing this Security Services Agreement. A draft report shall be submitted to the City Manager or his designee within eight (8) hours following the end of the shift in which the incident occurred, and a final report submitted within 24 hours to the City Manager or his designee. i. Patrol The COMPANY shall provide a patrol service as required, on foot, by bicycle or in a vehicle. COMPANY shall have all permanent and current permits and /or licenses as required by California's Department of Consumer Affairs (BSIS), and the Department of Motor Vehicles. 11 Public Information Security Officers shall provide information as requested from members of the general public lawfully in buildings and /or on the grounds under control of the City. k. Public and News Media Contacts All media inquiries must be referred to the CITY to ensure that all statements or information offered by the Security Officer reflect the policy of the City of Lynwood. Procedures and policy shall be set forth in the Operational Plan. L Traffic Control Security Officers shall provide security to direct, control and monitor the admittance of public pedestrian, City employees, public vehicles, and City vehicles to City owned buildings and parking areas. m. Lost and Found At the conclusion of the shift if any found property was recovered, said property shall be forwarded to the City Manager or his designee, excluding periods when CITY employees may not be present. In this case, property will be forwarded on the next CITY business day. Any lost or found property /items that are of significant value or may be criminal in nature will be immediately released to the Los Angeles County Sheriff's Department. n. Miscellaneous Duties Security Officers shall turn off unnecessary lights; visually check safes and lock -type repositories, cabinets; close windows; open and secure doors, gates; raise and lower flags. o. Escort Services Security Officers shall provide security and escort services for City employees from designated City facility to same building parking areas upon request, as Security Officers are available to depart other City required priorities. p. Operation of Equipment When connected with the operations of the building's utility systems, Security Officers are required and directed by written instructions from the City Manager or his designee or other City management representative to operate minor /small equipment, operate light switches, thermostats, and similar items as set forth in the 12 Operational Plan. q. Monthly Reports The COMPANY shall furnish a computer generated Monthly Activities Report as directed by the City Manager or his designee. Each month the report shall include the following: 1. A descriptive list of significant activities /observations which occurred during the month at each location, including the dates and times of the occurrences. 2. List all problems, solutions, crimes, security recommendations, maintenance repairs, personnel changes, Field Supervisors' field inspection discrepancies and commendations, property losses and achievements for each City facility under Agreement. 3. A list of new Security Officers' names and verification that security personnel have all of the required certificates and permits. r. Relief for Absenteeism and Vacation The COMPANY shall provide relief personnel as necessary and /or work overtime at no additional cost to the City to ensure that each assignment and required aspects of the Operational Plan are performed as required. If the Supervisor is absent, the COMPANY shall provide a replacement that is competent and has been given the authority to carry out the duties of the Supervisor. s. Storage Space The COMPANY shall store his supplies, material and equipment in a security desk, booth, storage areas and closets designated by the City. Such storage area/room shall be reasonably secure within the same standards extended to City owned equipment and able to house all COMPANY assigned equipment and bicycles. The COMPANY agrees to keep these areas neat and clean at all times and to comply with applicable fire regulations. Space in the City's facility furnished to the COMPANY as a storage area must be cleaned and maintained by the COMPANY to the approval of the City Manager or his designee and /or facility's authorized administrator. CITY agrees to ensure that this facility is secure within the same standards extended to City owned equipment and that security officers have access to City designated restrooms at all times while on -duty. t. Civil Disturbances Perform such other functions as may be necessary in the event of situations or occurrences. Such as civil disturbances, attempts to commit sabotage, or other 13 criminal acts adversely affecting the security and safety of the City, its employees, property and the general public lawfully in buildings and /or on the grounds under control of the City, as the security personnel are reasonably aware of within the confines of their expected duties as unarmed security personnel. 14 EXHIBIT "B" SERVICES 2. COMPANY PERSONNEL REQUIREMENTS Security Officers provided pursuant to the aforementioned Scope of Work and Agreement are of the unarmed classification, the officer(s) will be assigned to respective City site /facility locations. CITY AND COMPANY agree that the COMPANY may only release personal information of assigned officers as allowed by applicable state and federal laws. a. COMPANY Security Service The COMPANY, at the COMPANY'S own expense, shall provide and furnish all labor, equipment, vehicle, and supplies for the assigned Security Officers for their performance of security services as specified. The COMPANY shall supply the City with security service personnel who are properly trained, qualified and certified, and who meet the minimum requirements and qualifications called for in the Agreement. The costs for said labor; equipment, vehicles and supplies are included in the hourly fees charged by the COMPANY for the various services. b. Package of Minimum Qualification The COMPANY shall maintain personnel files. COMPANY shall provide the City Manager or his designee with written certification that each officer assigned to the City conforms to all City's requirements and standards specified in this Agreement. c. Minimum (Entry) Requirements All security personnel must have a high school diploma and /or GED equivalent. d. Physical Examination Any Security Officer assigned to work under the terms of this Agreement shall be in good general health without physical defects or abnormalities, which could interfere with the performance of, assigned duties. If any Security Officer is found to be in questionable mental or physical health, the COMPANY shall reevaluate and conduct another physical and /or health examination at COMPANY'S expense. e. Criminal Background Check 15 The COMPANY shall complete a criminal background check of all Security Officers, and Operations Manager prior to assignment under the Agreement, and prior to assigning Security Officer to a City facility, site, and /or post. Thereafter, COMPANY shall conduct an annual check, or as deemed necessary for security reasons. The criminal background check shall be for felony, misdemeanor and traffic violations in all United States or countries that the individual has resided in the last five (5) years. Any Security officer found failing to divulge a felony or misdemeanor conviction should not be assigned to the City's security services Agreement. All costs of these checks shall be the COMPANY'S expense. 1) Security Officers /Guards and Operations Managers who have been involved in any of the following will not be accepted nor assigned to City security service: • Felony Conviction • Violent Misdemeanor Conviction • Sex Crime Conviction ■ Military discharge other than honorable • Pattern of irresponsible behavior including, but not limited to, unreasonable driving or employment record (absenteeism, equipment abuse, disciplinary problems, insubordination) 2) Verification for above violations, military conduct, and crime will be done through California Department of Justice, DMV, and /or FBI (for initial and renewal of Guard Card License, as per State Law) and /or a National Criminal Background verification agency contracted by the Company. f. Licenses and Permits Security Officers and Operations Manager will have the following licenses and permits in their personnel package: 1) Current and required licenses, certificates and /or permits, including a permanent Guard Card 2) Certificate of Training to carry and use pepper spray, handcuffs, side handle or expandable baton. 3) Certificate of Knowledge of Powers of Arrest for private persons 4) Either valid class 'C', California Driver's License or a California 16 Identification Card, if driving a vehicle is required, a class `C' California Driver's License is necessary. g. Literacy All Security Officers shall have the ability to read, write grammatically, speak and understand English in and as set forth in regulations, written orders, instructions, and training instructions to the extent not prohibited by federal, state, or local law. Security Officers shall also be able to prepare and compose reports, which convey complete information and are presentable for management and /or potential litigation review. h. Bilingual Skills At some City facilities /site locations bilingual skills may be required. Bilingual skills for the specification are English and Spanish. Literacy requirements for Spanish are the same as stated for English in the above section. i. Presentation of Documents Security Officers and Operations Manager shall present all required identification, certificates, permits, etc. upon demand of City Manager or his designee or authorized designee /officer. Failure of any Security Officer /personnel to comply will result in immediate removal from all City facilities. COMPANY Security Officers shall have in their possession, while on duty at any and all City facilities, the corresponding valid and current license and permit cards for the following: 1) California Operators Driver's License or California I.D. 2) Permanent Guard Card 3) Permanent Side Handle Baton /Expandable Baton 4) First Aid and CPR Card j. Regulations Regarding Weapon Safety 1) COMPANY shall observe safeguards regarding the use of batons at any and all work sites. k. Conduct COMPANY'S Security Officers will be working in City facility /site locations, and as such, they must be polite, courteous, helpful, and interested in doing a good job. Professional standards are expected at all times while on a City post. The City Manager's designated department will routinely conduct surprise inspections 17 to ensure the quality of officers assigned to City facilities. If it is determined that assigned officers do not meet standards of courtesy, ethics, appearance, alertness, and preparedness, they will be removed from post immediately at the expense of the COMPANY. L Alcohol and Controlled Substance COMPANY'S security personnel shall not report for work under the influence of or in possession of any alcoholic beverage, or of any controlled substance. The exception to this requirement is when the Security Officer uses a controlled substance as prescribed by a physician, so long as the performance of the duties and responsibilities and /or the safety of the work are not compromised thereby. 1) Smoking is prohibited inside City buildings, structures, shacks and lobbies by Security Officers, City employees and the public per City policy. m. Uniforms The COMPANY'S Security Officers will be issued uniforms, which must be worn at all times during the performance of their work. The COMPANY will be required to submit samples of all intended uniforms to the City Manager or his designee before the start of the work. Security Officers shall, during duty hours, be attired in a well- fitted uniform that is clean, neat and consistent in overall appearance. n. Cleanliness and Neatness The COMPANY shall establish and enforce rules of cleanliness and neatness for Unarmed Officers. 1) All uniforms and equipment shall be maintained in a clean, serviceable condition and shall be ready at all times for immediate use. 2) Leather equipment shall be kept dyed and shined, and shall be replaced when it is cracked or worn out. o. Personal Appearance 1) Hair Standards: Security officers shall keep their hair neat, clean, and well groomed. Hair should be clean, combed, and neatly trimmed or arranged; in the case of male employees, this also pertains to sideburns, mustaches and beards. Shaggy, unkempt hair is not acceptable. 2) Personal Hygiene Good personal hygiene habits shall be maintained. 18 3) Fingernails: Security Officers' nails shall not extend more than 1 /4 inch from the tip of the finger or interfere in any way in the performance of the primary duties /task or with safe drawing of the firearm. Security Officers wearing fingernail polish shall use a conservative shade, without decals or ornamentation, and shall not detract from uniform appearance. 4) Identification the COMPANY shall furnish Identification insignia badges, shoulder patches, and nameplate. fife] EXHIBIT "B" SERVICES 3. COMPANY SUPERVISION REQUIREMENTS a. Operations Manager The COMPANY will assign an Operations Manager to provide the required field supervision and training to the Security Officers and Guards under his /her supervision during the performance of their duties as required by the Agreement and the Operational Plan. The Operations Manager shall become the City's primary contact person and be available as needed for the administration and effective functioning of the requested security services required in the Agreement. The CITY acknowledges that any changes in the Operational Plan and /or terms of the Agreement can only be authorized by an officer of the COMPANY and not by the Site Operations Manager. The CITY agrees that the purpose of the site Operations Manager is for the proper daily management of the Agreement and that the COMPANY is ultimately responsible for the oversight and execution of this Agreement. b. CITY and COMPANY Staff Meetings Meetings between the City Manager or his designee and COMPANY'S authorized designee and /or Operations Manager shall be scheduled on a bi- monthly basis, or as often as necessary, to discuss problems, discrepancy reports, and status of Agreement services. 20 EXHIBIT "B" SERVICES 4. COMPANY TRAINING REQUIREMENTS a. Training Requirements 1) Unarmed Security Officers: The Unarmed Security officers shall be trained in security services. The Unarmed Security Officer should have in their possession the required permits, as listed in the License and Permit section of this Agreement, during working hours and be properly licensed. 2) Operations Manager, shall be trained in security services, guard personnel supervision and patrolling procedures of all assigned City facility /sites and locations, and be properly licensed. b. On- the -Job Training Each COMPANY'S Security Officer assigned to a City facility /site location shall receive: A minimum of eight (8) hours of on- the -job (OJT) training /orientation. Additional training beyond the 8 hours of OJT shall be provided at the assigned post by the COMPANY as needed and at the COMPANY'S expense. The COMPANY'S Security Supervisor(s) shall attend the training, at the COMPANY'S expense, to become aware and familiarized with the various City facilities, sites, and the Operational Plan. The COMPANY, when assigning new Security Officer(s) for assignment to a City facility /site location(s), shall also provide and assign an Operations Manager for training purposes. The COMPANY'S Operations Manager shall remain for the time necessary for each job site assignment in order to train and test the new Security Officer (s). Training and testing will cover the knowledge of and compliance with the job site /facility's work orders and the job requirements set forth as the minimum work and security service in accordance with the scope of work in this Agreement. 21 EXHIBIT "B" SERVICES 5. COMPANY COMPLAINT PROCEDURE a. Customer Complaints and Notifications All complaints against security officers shall be directed in writing to the City Manager or his designee and notifications made to the COMPANY. Generally, all complaints shall be resolved within twenty -four (24) hours, excluding weekends and holidays, upon receipt of the complaint. However, the City Manager or his designee reserves the right to extend the length of time needed to investigate the complaint. Complaints include any report of dissatisfaction or poor service against a COMPANY'S employee (received via telephone, letter, e-mail, fax, or in person), violation of policy /procedure, violation of law, or reported misconduct. b. Documenting Complaints The COMPANY shall complete a written memorandum, providing the names, addresses, and telephone numbers of all involved persons, including the complainant, witnesses, and the subject employee(s). The narrative portion of the memo shall include a description of events that led to the complaint, including date and time of occurrence, a list of all involved persons, location of occurrence, nature of the complaint allegation(s), and statements (written, tape- recorded, or other) made by involved persons including the subject employee(s). c. Complaints Reported to the City The City Manager or his designee shall notify the COMPANY by telephone and /or written notification new complaints received and work in cooperation with the COMPANY to resolve the complaint. The COMPANY will notify the City Manager or his designee of the complaint disposition within twenty -four (24) hours of receiving the complaint (excluding periods where City employees are not assigned, at which time the notification will be made on the next business day), unless an extension has been granted by the City Manager or his designee. d. Personnel Complaint Investigation and Interview The City Manager or his designee reserves the exclusive right to immediately interview and investigate any employees under the control or direction of the COMPANY, upon receiving any reported complaint or allegation of misconduct. Any interview of a COMPANY employee must comply with State Law(s), including employment, criminal, administrative and civil statutes. 22 EXHIBIT "B" SERVICES 6. EQUIPMENT a. Radios The COMPANY shall furnish its Security officers with a 2 -way radio or a similar device that is capable of transmitting and receiving clear messages over the required distance within the assigned facility post. b. Related Equipment and Supplies COMPANY shall provide each security officer with flashlights, pens, pencils, COMPANY forms, and other related supplies and equipment necessary to perform their duties. c. Vehicles and Drivers When the City requires the COMPANY to use a vehicle, it shall be the responsibility of the COMPANY to furnish properly insured vehicles and to ascertain from the City Manager or his designee, the rules and regulations pertaining to safe driving on City property. Vehicles used would need to be pre approved by the City. 23 EXHIBIT " B " SERVICES 7. SPECIAL PROVISION a. Emergency Services The COMPANY shall provide emergency radio dispatched units at the request of the City Manager or his designee. 1) Emergency Unarmed Emergency Unarmed services shall be considered and defined as the non- scheduled augmentation of security personnel from the basic complement of Security officers assigned to a post of City facility /site location. 2) Emergency Personnel Emergency Security Services officers assigned to City facilities, sites, and /or posts shall meet all the training qualifications and requirements specified in this Agreement. 3) Emergencies Coverage In case of a need for emergency services, coverage shall be provided and scheduled in accordance with the terms and conditions as requested for non- scheduled needs and augmentation of Security services Officers to meet emergency City security needs. It will be the COMPANY'S duty and responsibility to provide security services for emergency coverage as required by the circumstances, at the overtime rates in Exhibit "D ", for work approved and authorized by the City Manager or his designee only. 24 EXHIBIT "C" (1) Name, address, and telephone number of the entity and the security guard COMPANY through whom the labor or services are to be provided. City of Lynwood Preferred Response Security Services, Inc. 11330 Bullis Road 707 Wilshire Blvd., 35` Floor Lynwood, CA 90262 Los Angeles, CA 90017 (310) 603 -0220 213 - 629 -0466 (2) The employer identification number for state tax purposes of the security guard COMPANY. (3) The workers' compensation insurance policy number and the name, address, and telephone number of the insurance carrier of the security guard COMPANY. (4) The vehicle identification number of any vehicle that is owned by the security guard COMPANY and used for transportation in connection with any service provided pursuant to the Agreement, the number of the vehicle liability insurance policy that covers the vehicle, and the name, address and telephone number of the insurance carrier. This section will be updated semi - annually. The Company reserves the right to use any and all Company vehicles for performance with the agreement, in accordance with City required insurance requirements. The Company maintains a Company wide Auto Insurance policy. (5) The address of any real property to be used to house workers in connection with the Agreement. 25 (6) The total number of workers to be employed under the Agreement, the total amount of all wages to be paid, and the date or dates when those wages are to be paid. (7) The amount of the commission or other payment made to the security guard COMPANY for services under the Agreement. (8) The total number of persons who will be utilized under the Agreement as independent COMPANIES, along with a list of the current local, state, and federal COMPANY license identification numbers that the independent COMPANIES are required to have under local, state, or federal laws or regulations. 9. EXHIBIT "D" FOR 224 HOURS PER WEEK (HPW) FROM 7 AM TO 10:30 PM DAILY, 7 DAYS A WEEK" Shift SUN MON TOES WED THU FRI SAT 0700-1600 2 1 1 2 2 2 2 1000-1900 1 - - - - - 1 1330 —2230 2 2 2 2 2 2 2 5 3 3 4 4 4 5 Headcount to Staff 224 Hours Per Week Average Hours Per Week Per Employee 8 Headcount 40 HPW Per Em to ee 27 FEES FOR SECURITY SERVICES INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Agreement/ License/ Permit No. or description SECURITY SERVICES AGREEMENT Indemnitor(s) ( "COMPANY "): Preferred Response Security Services, Inc. a Delaware Corporation qualified to do business in California, or any individual or entity that Indemnitor shall bear the legal liability thereof Indemnitee(s) ( "CITY "): CITY OF LYNWOOD, its elected officials, officers, attorneys, agents, employees, volunteers, successors and assigns COMPANY agrees that CITY should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to CITY, except for liability attributable to the CITY'S active negligence. COMPANY acknowledges that CITY would not enter into this Agreement in the absence of this commitment from COMPANY to indemnify and protect CITY as set forth here. To the full extent permitted by law, COMPANY shall indemnify, defend and hold harmless the CITY from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened, actual attorney fees incurred by CITY, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part due to the negligent performance of COMPANY under this Agreement. All obligations under this provision are to be paid by COMPANY as they are incurred by the CITY. Without affecting the rights of CITY under any provision of this Agreement or this section, COMPANY shall not be required to indemnify and hold harmless CITY as set forth above to the extent that liability is attributable to the negligence of CITY, provided such negligence is determined by agreement between the Parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where and only to the extent that the CITY is shown to have been negligent. Furthermore, in those instances where COMPANY is solely or partially at fault or in instances where the CITY'S negligence accounts for only a percentage of the liability involved, CITY will be indemnified to the extent that the liability is judicially determined to be attributable to the conduct of COMPANY. The obligations of COMPANY under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. COMPANY expressly waives its statutory immunity under such statutes or laws as to CITY, its employees and officials. COMPANY agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, subconsultant or any other person or entity involved by, for, with or on behalf of COMPANY in the performance or subject matter of this Agreement. In the event COMPANY fails to obtain such indemnity obligations from others as required here, COMPANY agrees to be fully responsible according to the terms of this section. Failure of CITY to monitor compliance with these requirements imposes no additional obligations on CITY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend CITY as set forth herein is binding on the successors, assigns, or heirs of COMPANY and shall survive the termination of this Agreement or this section. Payment is not required as a condition precedent to CITY'S right to recover under this indemnity provision, and an entry of judgment against CITY shall be conclusive in favor of the CITY'S right to recover under this indemnity provision. COMPANY shall pay CITY for any attorney's fees and costs incurred in enforcing this indemnification provision. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to CITY. COMPANY, on behalf of itself and all Parties claiming under or through it, hereby waives all rights of subrogation and contribution against the CITY, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of COMPANY regardless of any prior, concurrent, or subsequent active or passive negligence by the CITY. COMPANY (Indemnitor), Preferred Response Security Services, Inc. A Delaware corporation qualified to do business in California. am Randall K. Ely, Vice President 29 �r AGENDA STAFF REP " r � ^l . DATE: November 7, 2006 TO: Honorable Mayor & City Council Me FROM: N. Enrique Martinez, City Manage ` APPROVED BY: Marianna A. Marysheva, Assistant City Manager -- Finance PREPARED BY: Tara L. Taguchi, Lynwood City Attorney's Office Patricia Tarin, Financial Analyst SUBJECT: Adoption of an Ordinance amending the City's Purchasing Procedures to increase the purchasing authority limits of the Purchasing Officer and Department Directors, establish increased levels of authority for execution of contracts by the City Manager and utilize cooperative purchasing arrangements. Recommendation: Staff recommends that the City Council: Introduce for adoption and first reading by title only the attached ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING SUBSECTIONS 6 -3.1 THROUGH 6 -3.13 OF THE LYNWOOD MUNICIPAL CODE IN THEIR ENTIRETY AND ADOPTING NEW SUBSECTIONS 6- 3.1 THROUGH 6 -3.13 AMENDING THE CITY'S PURCHASING PROCEDURES FOR THE PURPOSES OF INCREASING THE PURCHASING AUTHORITY LIMITS OF THE PURCHASING OFFICER AND DEPARTMENT DIRECTORS, ESTABLISHING INCREASED LEVELS OF AUTHORITY FOR EXECUTION OF CONTRACTS BY THE CITY MANAGER AND PERMITTING THE PURCHASING OFFICER TO UTILIZE COOPERATIVE PURCHASING ARRANGEMENTS WHEN SUCH PROCUREMENT METHODS ARE IN THE BEST INTERESTS OF THE CITY." Background: In December of 2005, the City's Municipal Code provisions regarding purchasing of supplies, routine services and equipment and the procuring of professional services were updated by Ordinance No. 1571 ( "Ord. 1571 "). The new procedures implemented by Ord. 1571 clarified and streamlined the purchasing process and created a new RFP /RFQ procedure for Department Directors to follow when seeking professional services such as consultants, architects and accountants. Ord. 1571 also delegated authority to the City Manager to execute certain types of contracts on behalf of the City. To maximize efficiency of the purchasing function and provide additional flexibility value to the City, Staff has determined that some additions, revisions and clarifica to the City's existing purchasing ordinance are now required. ITEM Discussion & Analysis: Purpose of the Proposed Revisions The hierarchy of purchasing authority created by Ord. 1571 will remain in place. However, increased dollar thresholds for each level of authority are being proposed, based on the City's assessment of its needs and a survey of the thresholds implemented by other California cities (see Attachment A). The revised ordinance also proposes to increase the contract signing /award authority of the Purchasing Officer /City Manager, to minimize the necessity to obtain the Mayor's signature for contracts and purchase orders (following the City Council approval of such), and expedite payments to vendors. In addition, the proposed ordinance provides clarified definitions, an updated list of transactions exempt from competitive bidding and /or centralized purchasing procedures and includes a conflict of interest provision. The revised ordinance also permits the City to participate in cooperative purchasing arrangements. Summary of Proposed Revisions: ■ Permission to Participate in Cooperative Purchasing Arrangements ( §6 -3.6) The proposed ordinance permits the City to engage in cooperative purchasing when the Purchasing Officer determines such arrangements are in the best interest of the City. Some of the contemplated programs include the California Multiple Award Schedule ( "CMAS ") and U.S. Communities. These types of purchasing arrangements allow the City to purchase equipment, supplies and other goods by "piggybacking" on to contracts that have already been competitively bid out by other public agencies. Participating in cooperative purchasing arrangements should translate into savings of both time and money, and promote increased purchasing power for the City. The dollar thresholds (authority limits) specified in Section 6 -3.7 would apply to cooperative purchases. ■ Increased Dollar Thresholds for the Three Levels of Purchasing Authority ( §6 -3.7) 1. Would permit Department Directors to make purchases of supplies, equipment and routine services costing $1,000.00 or less without competitive bidding or authorization from the Purchasing Officer. The existing Ord. 1571 limit for this type of transaction is $500.00 (see §6- 3.7.b.1). 2. Proposes to permit the Purchasing Officer (City Manager) to make or authorize purchases of supplies, equipment and routine services costing $1__,000.01 to $30.000.00 by utilizing the informal Open Market Purchase procedure, or by formal competitive bidding procedures. The current Ord. 1571 limit is $15,000.00 (see §6- 3.7.b.2). 3. Purchases of supplies, equipment and routine services costing over $30,000.00 must be made using the competitive Formal Bid Purchase. Awards of these contracts are made by the City Council (See §6- 3.7.b.3). ■ Increased Dollar Thresholds for Award of Professional /Special Services Contracts ( §6- 3.9.e.6) Would permit the Purchasing Officer (City Manager) to approve award of all Professional /Special services contracts that do not exceed an annual expenditure of $50,000.00 Under Ord. 1571, the current ceiling is $15,000.00. The City Council must approve and award all Professional /Special service contracts involving annual expenditures in excess of $50,000.00. The RFP /RFQ procedures established by Ord. 1571 remain unchanged. The proposed ordinance also provides an expanded definition of "Professional /Special Services" (See §6 -3.1). Increased City Manager's Authority to Execute Contracts on Behalf of the City ( §6 -3.10) Would delegate authority to the City Manager to sign contracts and purchase orders on behalf of the City for supplies, equipment and routine services that do not exceed an annual expenditure of $30,000.00 The present limit under Ord. 1571 is $15,000.00. Would delegate authority to the City Manager to sign contracts for Professional /Special services not to exceed $50.000.00 for a single transaction in any one -year period. Under Ord. 1571, the current limit is $15,000.00. Would permit the City Council by resolution and on a case -by -case basis to delegate authority to the City Manager to execute purchase orders and contract which exceed the dollar thresholds specified above. Appropriated funds must already be available for such purchases and the City Manager is still required to report semi - annually to Council on all such purchases and contracts made by the City Manager which exceed $5,000.00. Contracts and purchase orders exceeding the dollar thresholds specified above must still be executed by the Mayor or Mayor Pro Tem, unless the authority to sign has been delegated by specific a resolution. ■ Conflict of Interest Prohibition ( §6- 3.12.b) The proposed ordinance specifically prohibits City employees from participating in the selection of consultants, vendors, products etc. if they are financially interested in the business entity providing the goods or services. ■ Clarifying Certain Pre - Existing Exemptions from Competitive Bidding ( §6- 3.13.a) Section 6 -3.13 still exempts (among other things) emergency purchases and contracts for garbage collection from competitive bidding, and preserves the City Council's ability to waive competitive bidding on a case -by -case basis by Resolution adopted by 4/5 vote. The proposed revisions exempt cooperative purchases and previously standardized items from competitive bidding. These exemptions continue to be non - applicable to construction contracts for public works projects. ■ Transactions that are Exempt from the Purchasing Procedures ( §6- 3.13.b) For increased clarity, the proposed ordinance lists various statutory and other types of transactions to which the Purchasing Procedures set forth in Section 6 -3 do not apply. Such exemptions include the City's: (1) purchase or lease of real property; (2) payment of utility bills; (3) procurement of insurance and bonds; (4) procurement of legal notice publication and other advertising; (5) procurement of art in public places; (6) employee and officer expenditures for travel, education, dues, memberships and per diems; and (7) purchases made by homeowners utilizing HOME fund grants. Fiscal Impact: Some savings in terms of administrative time due to utilization of streamlined procedures may be realized. Cost and time savings are also expected to be realized through the participation in cooperative purchasing programs. Coordinated With: City Manager's Office Attachments: Attachment A — Purchasing Surveys and Summaries (6 pages) Attachment B — Proposed Revised Ordinance (13 pages) Attachment C — Redline Version of Proposed Ordinance Showing Revisions (13 Pages) 0 ATTACHMENT A 1. Surveys of Cities Regarding Purchasing Thresholds A. Department Director's Threshold: Survey Conducted by City of Lynwood of Neighboring Cities o As noted in the table below, several surrounding cities have Department Director purchasing authority thresholds which exceed Lynwood's current Limits. City Department Director Bell Gardens $1,000; all purchases $1,000 and above require a Purchase Order with 3 bids. Cerritos All purchases require a purchase order with three bids with appropriate approvals. Huntington Park $2,000; Any purchases under $2,000 do not require a PO. Lakewood $1,000; all purchases $1,000 and above require a Purchase Order with 3 bids. B. City Manager's Threshold: Tahoe Regional Planning Agency ( "TRPA ") Purchase Limits/Authorities Survey (survey attached) o The attached survey shows that many California cities permit their Purchasing Officers and /or their City Managers to award contracts and purchases in excess of the $15,000.00 per transaction limit currently in effect under Ord. 1571. Some do not have any limits for the City Manager. C. California Society of Municipal Finance Officers ( "CSMFO ") Purchasing Survey (survey attached). • The attached CSMFO Survey of 32 cities (2 pages) lists many other California cities with purchasing thresholds in excess of those currently permitted by Ord. 1571. • Twenty four (24) cities allow City Manager approval up to $25,000. • Six (6) cities allow City Manager approval of up to $50,000. Attachment A 1 " The above transactions only include routine and service transactions entered FY 05/06. 3. Contract Breakdown for Professional Services for: (Based on Contracts entered in FY 05106) Contracts Under $50,000 75 Contracts over $50,000 9 " Based on contracts entered FY 05/06. Previous total provides were based on all the CITY contracts. Attachment A 2. Number of City of Lynwood Transactions and Average Dollar Value of Transactions by Purchasing Range TRPA Purchase Limits/Authority Surve Contract authority Level (up range if to Bid requirement Award Authority different Approval Authority -gency amount) Danville 2,500 none Departmentisupervisor 10,000 informal Department/supervisor 15,000 informal Town Manager 25,000 formal Town Manager 50,000 formal Finance Committee 50,000+ formal Town Council Hollister 2,500 none Department Head 5,000 informal Finance Director 15,000 formal City Manager 15,000+ formal City Manager 100,000 emergency City Manager Oroville 1,000 none Department/supervisor 5,000 informal Some items go to City Council 5,000+ formal Mayor old charter requirement Rancho Cucamonga 1,000 P -card 5,000 Managers 1,500 informal 10,000 Dept Head 10,000 formal 20,000 City Manager 20,000+ Council Sacramento 100 none staff 0 managers 5,000 informal (raising limit to 25,000) 0 Dept Head 100,000 formal 0 Purch. Agent 100,000 City Manager 100,000+ Council - Indio _ 1,000 none 25,000 informal 25,000+ formal Arcadia 2,500 none Department 30,000 informal Admin. Services Director 30,000+ formal Ci Council Dixon 500 none Department head/designee 10,000 informal Department head 10,000+ formal City Manager + Council author. Oxnard 2,500 direct PO Departmental managers 25,000 informal 100,000 informal/written 100,000+ formal City Manager Clovis 1,000 none Department Heads 10,000 informal Department Heads 10,000+ formal 25,000 City Manager 25,000+ City Council El Monte 1,000 none Department managers 5,000 informal Department managers 5,000+ formal 50,000 Purchase Agent 5,0000+ City Manager Camarillo 2,500 none Departmental managers 15,000 informal Department heads 15,000+ formal City Council Ridgecrest 2,500 none Department heads 10,000 Finance Director 25,000 City Manager 25,000+ Formal City Council Daly City 5,000 none Department 50,000 informal Purchase officer 50,000+ formal City Council Albany 1,000 none Department head 5,000 Purchase Order Department head if budgeted 15,000 informal Finance Director 15,000+ formal City Administrator TRPA Purchase Limits/Authority Surve Contract authority Level (up range if Aaencv to amount) Bid requirement Award Authority different Approval Authority Santa Clarita 1,000 none 2,000 informal 10,000 written informal 50,000 City manager 10,000+ formal 50,000+ City Council San Clemente 5,000 none Department managers 10,000 Department head . _ 10,000+ City Manager 25,000+ Council (ub.works Yuba City $500 none Authorized personnel $5,000 Department head $5,000 informal $25,000 Purchase Agent $25,000 written informal $25,000+ City Council $25,000+ formal Berkeley 0 direct 0 Managers 5,000 informal 0 Department Heads 25,000 formal 25,000 Purchase Agent 25,000 City manager 25,000- City Council San Luis Obispo 5,000 voucher /PO Department general 25,000 informal Department 100,000 formal City Administrator 100,000+ formal City Conal Consultant 5,000 voucher /PO Department 25,000 Informal Department 25,000+ formal City Administrator Sunnyvale 1,000 Purchase card Employee 0 Department Heads 5,000 direct Purchasing 50,000 Purchase Agent 25,000 informal 50,000 City Manager 50,000 formal Purchasing 50,000+ City Council 50,000+ formal City Council What We Proposed 6,000 Direct 16000+ written informal 25,000 Informal 26,000+ formal Authorized personnel Project Manager/Deportment Head Project ManagiodDepertmerd Head Executive - H budgeted over $50,000 W m> E c a,t UV 'c p = ®Rm s'oI C W w Q C+ 0 $ O" 0 OU - � y co R w m �Io oq�: > N O W_oa ma 0 a u ) 2 ®��z 0 n � U$o u �' 1 O O O TS p O 8S p p O p -a �n -1_- S 5000 - 1 Ys O OOOSS� OOn - N� Q00 N O Y 1 N i 0 i 0 N N N N N In N O - O r 0 U a n n n n A A n_ n n n n n_ n [A n n - �n I r n f n -I ® qa� -n_ 0 0 I_ _ O A. 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OI O ou m w c c o O 0 m e O O!O O m O O C O Nc m e u R W W O U N c U' Icjc N �� PIP I R W W Y 22 W •, = _E ttt333g555 W W W_ C LLIL C C ILL r , rri .IL-I r 0 2 LL! O T. 8 I P C E C. of W'M o m € W O C E C a� � z 0 C C o U C 'u ;.. N 'a a: jzmo�= @ W £ m �pl -. m u R 3 rn "c ZI W = p I S0 t0 o ca _ , I IW Is c f o= > t y a v` Y R p1 I B o a � a m o c o x c 'O > W W O W m t L 2 2 {p O W R R R O W m O V co W S D YUV- m -aS -� a0 >-KKLLK a R S3 O � � g n d > U U O d � C ro s A d U a � o 4j O . 0 t � i i g C6 CS 0" L A LL O O O O 8 a yp O _ ` N A LL ® L > N m A V O L C O y C Q d A A A A A A h l � p 0 pp 0 p p 00 C ry U, 0 0 J N N p O O i N N S O A P ?A A A A h p O O M A A A A A A O O O O O V I S S LL O as A A A A A A m JEE O O O O n n _n � I L o c m N_ - to U O 1 O i mm 0 LL C b C i C p N A m 'O E � Ic � o LL c E y{ j d a r E m o m ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING SUBSECTIONS 6 -3.1 THROUGH 6 -3.13 OF THE LYNWOOD MUNICIPAL CODE IN THEIR ENTIRETY AND ADOPTING NEW SUBSECTIONS 6 -3.1 THROUGH 6 -3.13 AMENDING THE CITY'S PURCHASING PROCEDURES FOR THE PURPOSES OF INCREASING THE PURCHASING AUTHORITY LIMITS OF THE PURCHASING OFFICER AND DEPARTMENT DIRECTORS, ESTABLISHING INCREASED LEVELS OF AUTHORITY FOR EXECUTION OF CONTRACTS BY THE CITY MANAGER AND PERMITTING THE PURCHASING OFFICER TO UTILIZE COOPERATIVE PURCHASING ARRANGEMENTS WHEN SUCH PROCUREMENT METHODS ARE IN THE BEST INTERESTS OF THE CITY WHEREAS, the City Council of the City of Lynwood (the "Council ") adopted Ordinance No. 1571 in December 2005 to update and streamline the City's decades old purchasing and professional services procurement procedures to increase efficiency, cost effectiveness and responsiveness; and WHEREAS, by adopting Ordinance No. 1571, the Council also delegated authority to the City Manager to enter into and execute certain contracts on behalf of the City pursuant to provisions of state law and the guidelines set forth in that Ordinance; and WHEREAS, the new procedures implemented by Ordinance No. 1571 require additional fine- tuning to maximize efficiency in the purchasing function, work smoothly with City's new Financial System hardware /software and to bring the purchasing and signature authority limits of certain City personnel in line with the levels utilized by a broad spectrum of cities around the state; and WHEREAS, the Council desires to provide additional purchasing flexibility and value for the City by permitting the Purchasing Officer to participate in cooperative and "piggyback" purchasing arrangements with other public agencies when such procurements methods are in the best interest of the City. NOW, THEREFORE, THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: Section 1 . That Subsections 6 -3.1 through 6 -3.13 of Section 6 -3 of Chapter 6 of the Code of the City of Lynwood are hereby repealed in their entirety. Section 2 . That new Subsections 6 -3.1 through 6 -3.13 of Section 6 -3 of Chapter 6 are added to the Code of the City of Lynwood, which Subsections shall read as follows: 6 -3 PURCHASING 6 -3.1 Definitions. For purposes of this Section, the following words shall have the following meanings: "Agency or Agencies" shall mean the Lynwood Redevelopment Agency, the Lynwood Information Inc., the Lynwood Public Finance Authority, the Lynwood Utility Authority or any other local body created by ordinance, resolution or formal action of the City Council of the City of Lynwood. "Bidder's List" shall mean a list of responsible prospective or current vendors capable of providing the items being bid upon. "Equipment" shall mean furnishings, machinery, vehicles, rolling stock, and other personal property used in the City's business. "Emergency" shall mean a situation in which there is an immediate threat to life or property or when there is or would be a complete disruption of a vital public service. "Routine Services" are services such as janitorial, uniform cleaning, maintenance and other services which do not require any unique skill, special background, training, and obtaining such services at the lowest cost is the single most important factor in selection, as opposed to personal performance. "Professional/Special Services" shall mean services which require special performance criteria: special or specific equipment; specific experience, knowledge, training, personal iud mgment, quality of work or factors other than simply obtaining the service at the lowest cost to the City. Such services include, but are not limited to those provided by a ttomeys, Deleted: any work petrormed b an architects, engineers, land surveyors, construction managers, appraisers, experts, accounting firms, security firms, computer consultants /programmers and/or other specialized consultants Professional/special services do not include services rendered Deleted: m those srnices sn& as by City officers or employees. computer other services which h e arnd a other srnmes which regmre m addition "Purchase" shall include the renting, leasing, purchasing, licensing, or a trade of equipment or supplies. "Purchasing Officer" shall mean the City Manager or his/her designee. to the use of special or specific equipment, special performance criteria, specific experience, training, personal judgment, quality of work or factors other than simply obtaining the service at the lowest cos[ to the City "Snecifications" shall mean a description of the physical and/or functional characteristics or the nature of the required goods and/or services. "Supplies" shall mean office supplies, janitorial supplies, materials, goods, tools, or other commodities used in the general conduct of the City's business, excepting supplies or materials included in a construction contract or bid specification for a public works project. 6 -3.2 Centralized Purchasing System Adopted. There is hereby adopted a centralized purchasing system in order to establish efficient procedures for the procurement of supplies, equipment and routine services for the City and its Agencies; to exercise financial control over purchases; to clearly define authority for the purchasing function and to conserve public funds through the reduction of costs. 6 -3.3 Purchasing Officer Duties. a. The City Manager is hereby appointed and shall serve as the City Purchasing Officer. The City Manager shall have the authority to delegate in whole or in part to qualified City officers or employees the responsibilities and authority for carrying out all aspects of the purchasing system, provided that the City Manager maintains oversight and receives quarterly reports regarding the purchasing function from all such designees. b. Subject to the provisions of this Section, the duties and responsibilities of the Purchasing Officer shall include but not necessarily be limited to the following: 1. To prepare, distribute and maintain administrative regulations and procedures consistent with the provisions of this Code governing the purchase of supplies, equipment and routine services for the City and its Agencies; 2. To prepare, distribute and maintain administrative regulations and procedures consistent with this Code for the sale of surplus property; 3. To purchase or contract for all supplies, equipment and routine services needed by the City and its Agencies in accordance with purchasing rules, regulations and procedures as provided for in this Section and such other rules and regulations as shall be prescribed; 4. To procure for the City and its Agencies the highest quality in supplies, equipment and routine services at the least expense; 5. To discourage uniform bidding and to endeavor to obtain as full and open competition as possible on all purchases and sales; 6. To keep informed of current developments in the field of purchasing, prices, market conditions and new products; 7. To ensure the inspection of all supplies and equipment purchased to guarantee conformance with specifications and adherence to standards of quality, including, as required, chemical and physical tests of samples submitted with bids and samples of deliveries to determine conformance with specifications set forth in the order; 8. To direct the transfer of surplus or unused supplies and equipment between Departments as needed; 9. To sell all supplies, equipment and other property of the City and its Agencies which has been declared surplus or which has become unsuitable for use by the City or its Agencies; 10. To maintain financial and other records as necessary for the efficient operation of the purchasing system; 11. To prescribe and maintain such forms as are necessary for administration of the purchasing system. 6 -3.4 Appropriated Funds Prerequisite to Contract or Purchase Order. Except in cases of emergency, the Purchasing Officer shall not issue any purchase order nor award any contract for supplies, equipment, routine services or professional/special services unless there exists an available, non - committed balance in the account against which the purchase is to be charged. Subject to budgetary restrictions, the Purchasing Officer may transfer funding from other sources to ensure sufficient balances to the extent that such transfers are normally allowed without City Council approval. The Purchasing Officer shall obtain City Council approval for additional funds for purchases lacking the available uncommitted funding. 6 -3.5 Estimates of Requirement Requisitions Purchase Orders and - - Deleted: Deparmenb to SnPPly - Contracts. Deleted: a. All City Departments and Agencies must file detailed estimates of their requirements for supplies, equipment or routine services in such manner, and at such times, and for such future period(s) as the Purchasing Officer shall prescribe. - �celeted: 11 '. k. Except as permitted under Subsection 6- 3.7.b.1W, any City Department or d: <01t q .i.id....nd Agency requesting supplies, equipment or routine services shall submit to the Purchasing FDel Drag.. ¶ Officer a requisition on the Purchasing Officer's approved form prior to initiating any procurement. c. Except as permitted under Subsection 6-3.7.b. Ice), purchases of supplies, _. Deleted: b equipment and routine services shall be made only by purchase orders issued by the Purchasing Officer Such purchases may also be made with such other contractual ceieted:..d an document as the Purchasing Officer determines is necessary. To the extent possible, - Deleted: he.r she purchase orders and /or contracts must be entered into for the entire fiscal year's worth of purchases, or for the entire length of the approved contact. 6 -3.6 Cooperative Purchasing. a The Purchasing Officer shall have the authority to join with other public agencies to utilize cooperative purchasing plans or programs such as the Calitomia Multiple Award Schedule ( "CMAS ") or U.S. Communities to purchase supplies equipment or routine services using purchase orders or contracts when such cooperative purchasing plans or programs are determined by the Purchasing Officer to be in the City's best manner which the Purchasing Officer has determined is in harmony with the City's purchasing procedures. b The purchasing authority limits set forth in Subsection 6 -3.7 shall apply to any such cooperative purchases. 6 -3.7 Bidding Procedures and Purchasing Authority Limits. a. There are three levels of authority for purchases which are determined by dollar amount: Department Director Purchase, Open Market Purchase and Formal Bid Purchase. Except as specifically permitted otherwise by the provisions of this Section, a formal purchase order, approved by the requesting Department Director and the Purchasing Officer or his/her designee is required for all purchases where any single item /purchase exceeds $ 1.000.00, in advance of the procurement. b. When making purchases for supplies, equipment or routine services, the following procedures shall be followed: 1. pepartment Director Purchasey Up to (a) Any Department Director or the City Manager may authorize the purchase of supplies, equipment or routine services as needed for his or her area of responsibility for purchases up to $ 1,000.00 (b) No gompetitive bidding procedures shall be required, provided the Department Director keeps a record of such purchases and exercises reasonable prudence in seeking price quotes and purchasing such items. All such purchases shall be made within the existing budget, using the available and uncommitted balances. (c) ;Purchase orders h� allb issued for all transactions regardless of the amount of the purchase,. 2. Open Market Purchase: $ 1,000.01, to Q0,000.00. (a) Purchases of supplies, equipment and routine services where the dollar amount involved is 000.01 to $30,000.00 shall be made by the Deleted: 500.00 Deleted:. Deleted: 500.00 Formatted: Font: Italic Deleted: 500.00 Deleted: purchase requisition, purchase order or Deleted: Depanment Director Purchases in amounts over $500.00 (but less than S1,000.00) shall require a purchase order; however, the approval of the Purchasing Officer shall rot be required. Inserted: Department Director Purchases in amounts over $500.00 (but less than $1,000.00) shall require a purchase order; however, the approval of the Purchasing Officer shall not be required. Deleted: may Deleted: also { Deleted: , when ;' - Deleted:, the vendor Deleted: or when the complexity of the transaction demands a formal documrnt Deleted: 500o Deleted: 15 Deleted: 50001 - Deleted: 15 Purchasing Officer. If in the Purchasing Officer's reasonable discretion the amount, urgent need and/or timing of the purchase so warrants, the purchase may be made using the Open Market Purchase procedure Deleted: in the detailed below without observing the formal competitive bidding Deleted: open procedures prescribed in Subsection 6 3.7.b.3. Deleted: market (1) Open market purchases shall, whenever possible, be based on at least three (3) bids and shall be awarded to the lowest responsible and responsive bidder. (2) The Purchasing Officer or his/her designee shal l solicit bids by written request to prospective vendors, by telephone and/or by public notice posted on a public bulletin board in City Hall and on the City's Website. (3) Bids given pursuant to this Subsection shall be submitted to the Purchasing Officer in writing. (4) If a bid is received, the Purchasing Officer shall keep a record of all open market orders and bids for a period of one (1) year after the submission of bids or the placing of orders. This record, while so kept, shall be open for public inspection. 3. Formal Bid Purchased Over 30,000.00 (al Except as otherwise authorized in Subsection 6 -3.13, purchases of supplies, equipment and routine services in excess of Thirty Thousand ($ ,000 00) Dollars shall be by formal competitive bid in accordance with the following provisions: (J) Published notice. A notice inviting bids shall be published at least fourteen (14) calendar days before the date of the opening of bids. The notice shall be published at least twice, not less than five (5) days apart in a newspaper of general circulation printed and published in the City, and also in appropriate trade publications, if any, circulated within the general area. Such other notice as the Purchasing Officer deems appropriate may be made. I 15 Fifteen 15 Deleted: a (�) Notice inviting bids. Notices inviting bids shall include a Deleted: n general description of the supplies, equipment or routine services to be purchased, state where bid forms and specifications may be secured and the time and place for the opening of bids and any other information material to the submission of a bid. O Bidder's list. The Purchasing Officer shall maintain a list Deleted: c of responsible bidders for various categories of supplies or equipment. A solicitation for a bid shall be sent to all responsible prospective contractors or suppliers whose names are on the bidder's list for the category of equipment, supplies or routine services subject to the bid request. (4) Bulletin board and Website. The bid invitation shall be Dele[ed: a posted on a public bulletin board in City Hall and shall also be posted on the City's Website. ( F 5) Bid Submission Procedure. Sealed bids shall be submitted .- Deleted: e to the Purchasing Officer or to the City Clerk, as determined by the Purchasing Officer and set forth in the notice inviting bids. Sealed bids shall be identified as to bidder, project, and bid on the envelope. 0) Bid opening procedure. Bids shall be opened by City staff Deleted: f in public at the time and place stated in the notice inviting bids. A written record and tabulation shall be made at the time of all bids received, and shall be open for public inspection during regular business hours for a period of not less than thirty (30) days after the bid opening. Q) Rejection of bids. In its discretion, the City Co_ _unci_l_ m_ _ay _ reject any bids presented and may re- advertise for bids. W Tie bids. If two (2) or more bids received are for the same total amount or unit price, quality and service being equal, the Council may accept either bid. Deleted: g Deleted: h Q) No bids. If no bids are received, the City Council may Deleted: have the supplies, equipment or routine services purchased in the open market without further compliance with the bidding procedures specified in this Subsection. 1.0 Performance bonds. The City Council may require a Deleted: j performance bond in such amount as it shall find reasonably necessary to protect the public interest. If the City Council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids (11) Bid evaluation procedures. All bids shall be analyzed by Purchasing Officer and the Department Director requiring the supplies, equipment or routine services for compliance with bid specifications, and the Departmentpirector shall make a recommendation to the Purchasing Officer who shall In turn makea recommendation for award or rejection to the City Council. Deleted: k Deleted: Head Deleted: prepare a recommendation in the Deparmrern for award or rejection. The Department Director shell then Pr ( 2 Award of contracts. Contracts shall be awarded by the City . Council to the lowest responsive and responsible bidder whose bid fulfills the purpose intended according to criteria designated in the notice inviting bids. Unless specified otherwise on a case -by -case basis by resolution of the City Council. a ll such contracts shall require the signature of the Mayor, or in his/her absence, the Mayor Pro Tempore, pursuant to the provisions of Gov. Code §§ 40601 and 40602. Deleted: l - rormded: Not Highlight -- I Deleted: A The purchasing procedures described in this Subsection s_ hall not apply to public - -- Deleted: works projects /contracts, professional/special services contracts purchases made by homeowners utilizing HOME fund grants or to any employee or officer expenditures or reimbursements involving travel, education dues. memberships or per diems. 6 -3.8 Report and Sale of Obsolete and Surplus Supplies and Equipment. a. All City Departments and Agencies shall submit to the Purchasing Officer, at such times and in such form as he /she shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete or wom out. b. The Purchasing Officer shall have the authority to sell all supplies and equipment which cannot be used by any agency or which have become unsuitable for use by the City or its Agencies or to exchange or trade in the supplies and equipment for new supplies and equipment. Such sales shall be made pursuant to those provisions of this Section which are applicable. 6 -3.9 Professional/Special Services. a. In contracting for professional/special services, such contracts should only be awarded to firms or persons who have demonstrated adequate levels of experience, competence, resources/equipment, staffing and other professional qualifications necessary for more than a satisfactory performance of the services required in the time period needed. b. Once the Department or Agency requesting the professional /special service has determined a firm has an adequate level of competence, the cost of the service may be considered, however, price may not be the sole factor in determining to whom a contract shall be awarded. The City's best interests may be served by awarding the contract to a higher priced contractor based on the scope of services available, unique skills, staffing levels, timing, prior experience, past working relationship, and other factors required by the Department or proposed by the contractor. C. Request for proposal /qualifications. The acquiring of professional/special services shall be procured through a negotiated contract and should include requests for proposals/qualifications (RFP /Q). Soliciting bids for professional /special services is decentralized and shall be the responsibility of the Department Director requesting the service. The Purchasing Officer may be contacted to assist in the formal request for proposal /qualification (RFP /Q) process. d. Contracts for Eiity Thousand ($50,000) Dollars or Less. 1. In non - emergency situations, the requesting Department should contact a minimum of three (3) consultants /firms. 2. Unless the City Council authorized the entering into or the award of a specific contract for professional /special services, the Purchasing Officer shall approve in writing the award of all such contracts, taking into consideration the recommendation of the Department Director requesting the professional/special services at issue. Deleted: Fifteen Deleted: 15 3. The Purchasing Officer or his/her duly authorized designee is authorized to approve professionaVspecial service contracts with an estimated cost of SO,000.00orless. _- Deleted: 15 e. Contracts over fHy_ Thousand (50,000) Dollars. In non - emergency situ_ a_ tions, Deleted: Fifteen Departments should utilize the following Sealed Request for Proposal process: Deleted: 1s 1. RFP /Q solicitation process. A formal Sealed Request for Proposal Qualification (herein "RFP /Q ") document should be developed for solicitation of professional services contracts overZifty Thousand ($50,000) Dollars. 2. Advertisement. The Department should advertise in appropriate publications and/or use the Professional Services Listings, as available, during the solicitation process. 3. Fourteen (14) to Twenty-one (21) day notice. Notice inviting RFP /Q's should be posted at City Hall and on the City's Website at least fourteen (14) calendar days before the due date of submission of the RFP /Q. 4. Notice contents. The notice shall at least describe the general type of service needed, how the RFP /Q minimum Scope of Work can be obtained, the requirement of a written sealed proposal, state the closing date, place, and time for submission of the RFP /Q. 5. Solicitation procedure. Sealed Request for Proposals /Qualifications should be submitted directly to the requesting Department. RFP /Q's need not be opened publicly. Departments shall analyze proposals for compliance with RFP /Q requirements, value of the total scope of services and make a recommendation to City Council for selection, or for follow up interviews of those submitting proposals. Deleted: Fifteen Deleted: 15 6. Award. Contracts for professional/special services in excess off Thousand ($50,000.00) Dollars require the approval of the City Council, and 9. Council. the signature of the Mayor, or in his/her absence, the Mayor Pro Tempore, pursuant to the provisions of Gov. Code §§ 40601 and 40602. I Contracts for professional /special services should be on the City's standard form and shall be reviewed and approved as to form by the City Attorney. 6 -3.10 City Manager Authority to Execute Specified Contracts. --- - Formatted: Normal Deleted: Fifteen - Deleted: IS Formatted: No[ Highlight a. The City Manager or his /her duly authorized designee shall be authorized to sign on behalf of the City all purchase orders or contracts for procuring supplies, equipment Deleted:, and routine services which do not exceed a total purchase order or contract amount of $30,000.00 in any one fiscal year period The City Manager or his /her duly authorized Designee shall be authorized to sign on behalf of the City all contracts for IWM professional /special services which do not exceed a total contractamount ofEifty Thousand ( 50,000.00) Dollars in any one fiscal y er period. - b By resolution and on a case -by -case basis the City Council may also direct the City Manager to execute on behalf of the City specific purchase orders and/or contracts 6 -3.11 Report of Purchases. a. The City Manager shall file a report of purchases with the City Council on a semi- annual basis. The report shall account for all purchases of supplies, equipment or routine services and all contracts for professional services exceeding Five Thousand ($5,000.00) Dollars which were made without prior City Council approval during the preceding six - months of each fiscal year. b. The report shall identify the subject matter of the purchase order or contract, the requesting Department, the person or entity from whom the purchase was made, and the amounts paid or payable by the City or its Agencies under each such purchase order or contract. 6 -3.12 Splitting Purchases or Contracts Conflict of Interest a. No officer or employee of the City or its Agencies shall split or separate a purchase of supplies, equipment or a contract or purchase order for routine services or professional /special for the purpose of evading the provisions of this Section. The acquisition of supplies, equipment and routine services should normally be made as a single purchase, when the need has been identified for multiples of items, related items, or similar items, which are ordinarily available from the same vendor or manufacturer. 10 b No City employee who participates in the selection or approval of a vendor, services supplies material or equipment being purchased. 6 -3.13 Exceptions. a. Any provisions of this Section to the contrary notwithstanding, no competitive bidding of any kind (whether through informal open market procedures or through formal noticed procedures) shall be required to purchase supplies, equipment, routine or professional/special services under any of the following circumstances: 1. When an emergency requires that an order be placed with the most available source of supply; or 2. When the supplies, equipment, services or contract could be obtained from only one (1) source; or 3. If the City Council shall find, by resolution adopted by not less than four - fifths (4/5) of its membership, that such an acquisition may be more economically and efficiently effected through the use of an alternate procedure; or 4. When the City is seeking a contract for garbage collectiotiLor 5. When the Purchasing Officer utilizes cooperative purchasing methods he /she has determined to be in the best interest of the City pursuant to Subsection 6 -3.6' or 6. Where the items to be purchased are required to match or be compatible with other furnishings materials or equipment previously purchased by the City or where the furnishings types of materials or equipment that have been standardized for the City y the City Council. b The exceptions listed above shall not apply to contracts for public projects or public works projects. resolutions of the City Council may apply. 1 Payment by the City of utility services and related charges: 2 Acquisitions of real property by lease or purchase and related title and escrow keys• 3 Procurement of insurance and bonds; Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 2 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 2 + Alignment: Left + Aligned at: 0.5' + Tab after: 0.75' + Indent 4 Procurement of advertising or publishing of public /legal notices in magazines, newspapers or other media: 5 Procurement of works of art in public places, 6 Employee or officer expenditures or reimbursements involving travel, education dues memberships or per diems: 7 Purchases made by homeowners utilizing HOME fund grants. Section 3 . If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared invalid or unconstitutional. - - -- - Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 2 + Alignment: Left + Aligned at: 0.5' + Tab after: 0.75" + Indent at: 0.75' Formatted: Numbered + Level: I + Numbering Style: 1, 2, 3, ... + Start at: 2 + Alignment: Left + Aligned at: 0.5' + Tab after: 0.75" + Indent at: 0.75' Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 2 + Alignment: Left + Aligned at: 0.5' + Tab after: 0.75" + Indent at: 0.75' Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 2 + Alignment: Left + Aligned at: 0.5' + Tab after: 0.75" + Indent at: 0.75' Deleted:¶ b. These exceptions shall nor apply to contracts for public works projects ¶ Section 4. This Ordinance shall take effect thirty (30) days after its final passage by the City Council. Section 5 . The City Clerk of the City of Lynwood is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published or posted as required by law. First read at a regular meeting of the City Council held on the day of 2006 and adopted and ordered published at a regular meeting of said Council held on the day of Attest: L. Hooper, City Clerk Approved as to form: Leticia Vasquez, Mayor City of Lynwood Approved as to content: N. Enrique Martinez, City Manager 12 Deleted: 2005 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING SUBSECTIONS 6 -3.1 THROUGH 6 -3.13 OF THE LYNWOOD MUNICIPAL CODE IN THEIR ENTIRETY AND ADOPTING NEW SUBSECTIONS 6 -3.1 THROUGH 6 -3.13 AMENDING THE CITY'S PURCHASING PROCEDURES FOR THE PURPOSES OF INCREASING THE PURCHASING AUTHORITY LIMITS OF THE PURCHASING OFFICER AND DEPARTMENT DIRECTORS, ESTABLISHING INCREASED LEVELS OF AUTHORITY FOR EXECUTION OF CONTRACTS BY THE CITY MANAGER AND PERMITTING THE PURCHASING OFFICER TO UTILIZE COOPERATIVE PURCHASING ARRANGEMENTS WHEN SUCH PROCUREMENT METHODS ARE IN THE BEST INTERESTS OF THE CITY WHEREAS, the City Council of the City of Lynwood (the "Council ") adopted Ordinance No. 1571 in December 2005 to update and streamline the City's decades old purchasing and professional services procurement procedures to increase efficiency, cost effectiveness and responsiveness; and WHEREAS, by adopting Ordinance No. 1571, the Council also delegated authority to the City Manager to enter into and execute certain contracts on behalf of the City pursuant to provisions of state law and the guidelines set forth in that Ordinance; and WHEREAS, the new procedures implemented by Ordinance No. 1571 require additional fine - tuning to maximize efficiency in the purchasing function, work smoothly with City's new Financial System hardware /software and to bring the purchasing and signature authority limits of certain City personnel in line with the levels utilized by a broad spectrum of cities around the state; and WHEREAS, the Council desires to provide additional purchasing flexibility and value for the City by permitting the Purchasing Officer to participate in cooperative and "piggyback" purchasing arrangements with other public agencies when such procurements methods are in the best interest of the City. NOW, THEREFORE, THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: Section 1 . That Subsections 6 -3.1 through 6 -3.13 of Section 6 -3 of Chapter 6 of the Code of the City of Lynwood are hereby repealed in their entirety. Section 2 . That new Subsections 6 -3.1 through 6 -3.13 of Section 6 -3 of Chapter 6 are added to the Code of the City of Lynwood, which Subsections shall read as follows: 6 -3 PURCHASING 6 -3.1 Definitions. For purposes of this Section, the following words shall have the following meanings "Agency or Agencies" shall mean the Lynwood Redevelopment Agency, the Lynwood Information Inc., the Lynwood Public Finance Authority, the Lynwood Utility Authority or any other local body created by ordinance, resolution or formal action of the City Council of the City of Lynwood. "Bidder's List" shall mean a list of responsible prospective or current vendors capable of providing the items being bid upon. "Equipment" shall mean furnishings, machinery, vehicles, rolling stock, and other personal property used in the City's business. "Emergency" shall mean a situation in which there is an immediate threat to life or property or when there is or would be a complete disruption of a vital public service. "Routine Services" are services such as janitorial, uniform cleaning, maintenance and other services which do not require any unique skill, special background, training, and obtaining such services at the lowest cost is the single most important factor in selection, as opposed to personal performance. "Professional/Special Services" shall mean services which require special performance criteria; special or specific equipment; specific experience, knowledge, training, personal judgment, quality of work or factors other than simply obtaining the service at the lowest cost to the City. Such services include, but are not limited to those provided by attorneys, architects, engineers, land surveyors, construction managers, appraisers, experts, accounting firms, security firms, computer consultants /programmers and/or other specialized consultants.. Professional /special services do not include services rendered by City officers or employees. "Purchase" shall include the renting, leasing, purchasing, licensing, or a trade of equipment or supplies. "Purchasing Officer" shall mean the City Manager or his/her designee. "Specifications" shall mean a description of the physical and/or functional characteristics or the nature of the required goods and/or services. 2 "Supplies" shall mean office supplies, janitorial supplies, materials, goods, tools, or other commodities used in the general conduct of the City's business, excepting supplies or materials included in a construction contract or bid specification for a public works project. 6 -3.2 Centralized Purchasing System Adopted. There is hereby adopted a centralized purchasing system in order to establish efficient procedures for the procurement of supplies, equipment and routine services for the City and its Agencies; to exercise financial control over purchases; to clearly define authority for the purchasing function and to conserve public funds through the reduction of costs. 6 -3.3 Purchasing Officer Duties. a. The City Manager is hereby appointed and shall serve as the City Purchasing Officer. The City Manager shall have the authority to delegate in whole or in part to qualified City officers or employees the responsibilities and authority for carrying out all aspects of the purchasing system, provided that the City Manager maintains oversight and receives quarterly reports regarding the purchasing function from all such designees. b. Subject to the provisions of this Section, the duties and responsibilities of the Purchasing Officer shall include but not necessarily be limited to the following: 1. To prepare, distribute and maintain administrative regulations and procedures consistent with the provisions of this Code governing the purchase of supplies, equipment and routine services for the City and its Agencies; 2. To prepare, distribute and maintain administrative regulations and procedures consistent with this Code for the sale of surplus property; 3. To purchase or contract for all supplies, equipment and routine services needed by the City and its Agencies in accordance with purchasing rules, regulations and procedures as provided for in this Section and such other rules and regulations as shall be prescribed; 4. To procure for the City and its Agencies the highest quality in supplies, equipment and routine services at the least expense; 5. To discourage uniform bidding and to endeavor to obtain as full and open competition as possible on all purchases and sales; 6. To keep informed of current developments in the field of purchasing, prices, market conditions and new products; 7. To ensure the inspection of all supplies and equipment purchased to guarantee conformance with specifications and adherence to standards of quality, including, as required, chemical and physical tests of samples submitted with bids and samples of deliveries to determine conformance with specifications set forth in the order; 8. To direct the transfer of surplus or unused supplies and equipment between Departments as needed; 9. To sell all supplies, equipment and other property of the City and its Agencies which has been declared surplus or which has become unsuitable for use by the City or its Agencies; 10. To maintain financial and other records as necessary for the efficient operation of the purchasing system; 11. To prescribe and maintain such forms as are necessary for administration of the purchasing system. 6 -3.4 Appropriated Funds Prerequisite to Contract or Purchase Order. Except in cases of emergency, the Purchasing Officer shall not issue any purchase order nor award any contract for supplies, equipment, routine services or professional /special services unless there exists an available, non - committed balance in the account against which the purchase is to be charged. Subject to budgetary restrictions, the Purchasing Officer may transfer funding from other sources to ensure sufficient balances to the extent that such transfers are normally allowed without City Council approval. The Purchasing Officer shall obtain City Council approval for additional funds for purchases lacking the available uncommitted funding. 6 -3.5 Estimates of Requirements; Requisitions, Purchase Orders and Contracts. a. All City Departments and Agencies must file detailed estimates of their requirements for supplies, equipment or routine services in such manner, and at such times, and for such future period(s) as the Purchasing Officer shall prescribe. b. Except as permitted under Subsection 6- 3.7.b.1(c), any City Department or Agency requesting supplies, equipment or routine services shall submit to the Purchasing Officer a requisition on the Purchasing Officer's approved form prior to initiating any procurement. C. Except as permitted under Subsection 6- 3.7.b.1(c), purchases of supplies, equipment and routine services shall be made only by purchase orders issued by the Purchasing Officer. Such purchases may also be made with such other contractual document as the Purchasing Officer determines is necessary. To the extent possible, purchase orders and/or contracts must be entered into for the entire fiscal year's worth of purchases, or for the entire length of the approved contact. 0 6 -3.6 Cooperative Purchasing. a. The Purchasing Officer shall have the authority to join with other public agencies to utilize cooperative purchasing plans or programs, such as the California Multiple Award Schedule ( "CMAS ") or U.S. Communities, to purchase supplies, equipment or routine services using purchase orders or contracts when such cooperative purchasing plans or programs are determined by the Purchasing Officer to be in the City's best interest. The Purchasing Officer may buy directly from a vendor at a price established by another public agency when the other agency has made its purchase in a competitive manner which the Purchasing Officer has determined is in harmony with the City's purchasing procedures. b. The purchasing authority limits set forth in Subsection 6 -3.7 shall apply to any such cooperative purchases. 6 -3.7 Bidding Procedures and Purchasing Authority Limits. a. There are three levels of authority for purchases which are determined by dollar amount: Department Director Purchase, Open Market Purchase and Formal Bid Purchase. Except as specifically permitted otherwise by the provisions of this Section, a formal purchase order, approved by the requesting Department Director and the Purchasing Officer or his/her designee is required for all purchases where any single item/purchase exceeds $1,000.00, in advance of the procurement. b. When making purchases for supplies, equipment or routine services, the following procedures shall be followed: Department Director Purchase: Up to $1,000.00. (a) Any Department Director or the City Manager may authorize the purchase of supplies, equipment or routine services as needed for his or her area of responsibility for purchases up to $1,000.00. (b) No competitive bidding procedures shall be required, provided the Department Director keeps a record of such purchases and exercises reasonable prudence in seeking price quotes and purchasing such items. All such purchases shall be made within the existing budget, using the available and uncommitted balances. (c) Purchase orders shall be issued for all transactions, regardless of the amount of the purchase. 2. Open Market Purchase: $1,000.01 to $30,000.00. (a) Purchases of supplies, equipment and routine services where the dollar amount involved is $1,000.01 to $30,000.00 shall be made by the Purchasing Officer. If in the Purchasing Officer's reasonable discretion the amount, urgent need and/or timing of the purchase so warrants, the purchase may be made using the Open Market Purchase procedure detailed below without observing the formal competitive bidding procedures prescribed in Subsection 6- 3.7.b.3. (1) Open market purchases shall, whenever possible, be based on at least three (3) bids and shall be awarded to the lowest responsible and responsive bidder. (2) The Purchasing Officer or his /her designee shall solicit bids by written request to prospective vendors, by telephone and/or by public notice posted on a public bulletin board in City Hall and on the City's Website. (3) Bids given pursuant to this Subsection shall be submitted to the Purchasing Officer in writing. (4) If a bid is received, the Purchasing Officer shall keep a record of all open market orders and bids for a period of one (1) year after the submission of bids or the placing of orders. This record, while so kept, shall be open for public inspection. 3. Formal Bid Purchase: Over $30,000.00 (a) Except as otherwise authorized in Subsection 6 -3.13, purchases of supplies, equipment and routine services in excess of Thirty Thousand ($30,000.00) Dollars shall be by formal competitive bid in accordance with the following provisions: (1) Published notice. A notice inviting bids shall be published at least fourteen (14) calendar days before the date of the opening of bids. The notice shall be published at least twice, not less than five (5) days apart in a newspaper of general circulation printed and published in the City, and also in appropriate trade publications, if any, circulated within the general area. Such other notice as the Purchasing Officer deems appropriate may be made. (2) Notice inviting bids. Notices inviting bids shall include a general description of the supplies, equipment or routine services to be purchased, state where bid forms and specifications may be secured and the time and place for the opening of bids and any other information material to the submission of a bid. (3) Bidder's list. The Purchasing Officer shall maintain a list of responsible bidders for various categories of supplies or equipment. A solicitation for a bid shall be sent to all responsible prospective contractors or suppliers whose names are on the bidder's list for the category of equipment, supplies or routine services subject to the bid request. (4) Bulletin board and Website. The bid invitation shall be posted on a public bulletin board in City Hall and shall also be posted on the City's Website. (5) Bid Submission Procedure. Sealed bids shall be submitted to the Purchasing Officer or to the City Clerk, as determined by the Purchasing Officer and set forth in the notice inviting bids. Sealed bids shall be identified as to bidder, project, and bid on the envelope. (6) Bid opening procedure. Bids shall be opened by City staff in public at the time and place stated in the notice inviting bids. A written record and tabulation shall be made at the time of all bids received, and shall be open for public inspection during regular business hours for a period of not less than thirty (30) days after the bid opening. (7) Rejection of bids. In its discretion, the City Council may reject any bids presented and may re- advertise for bids. (8) Tie bids. If two (2) or more bids received are for the same total amount or unit price, quality and service being equal, the Council may accept either bid. (9) No bids. If no bids are received, the City Council may have the supplies, equipment or routine services purchased in the open market without further compliance with the bidding procedures specified in this Subsection. (10) Performance bonds. The City Council may require a performance bond in such amount as it shall find reasonably necessary to protect the public interest. If the City Council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids (11) Bid evaluation procedures. All bids shall be analyzed by Purchasing Officer and the Department Director requiring the supplies, equipment or routine services for compliance with bid specifications, and the Department Director shall make a recommendation to the Purchasing Officer who shall in turn make a recommendation for award or rejection to the City Council. (12) Award of contracts. Contracts shall be awarded by the City Council to the lowest responsive and responsible bidder whose bid fulfills the purpose intended according to criteria designated in the notice inviting bids. Unless specified otherwise on a case -by -case basis by resolution of the City Council, all such contracts shall require the signature of the Mayor, or in his /her absence, the Mayor Pro Tempore, pursuant to the provisions of Gov. Code §§ 40601 and 40602. d. The purchasing procedures described in this Subsection shall not apply to public works projects /contracts, professionaUspecial services contracts, purchases made by homeowners utilizing HOME fund grants or to any employee or officer expenditures or reimbursements involving travel, education, dues, memberships or per diems. 6 -3.8 Report and Sale of Obsolete and Surplus Supplies and Equipment. a. All City Departments and Agencies shall submit to the Purchasing Officer, at such times and in such form as he /she shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. b. The Purchasing Officer shall have the authority to sell all supplies and equipment which cannot be used by any agency or which have become unsuitable for use by the City or its Agencies or to exchange or trade in the supplies and equipment for new supplies and equipment. Such sales shall be made pursuant to those provisions of this Section which are applicable. 6 -3.9 Professional/Special Services. a. In contracting for professional /special services, such contracts should only be awarded to firms or persons who have demonstrated adequate levels of experience, competence, resources /equipment, staffing and other professional qualifications necessary for more than a satisfactory performance of the services required in the time period needed. b. Once the Department or Agency requesting the professional /special service has determined a firm has an adequate level of competence, the cost of the service may be considered, however, price may not be the sole factor in determining to whom a contract shall be awarded. The City's best interests may be served by awarding the contract to a higher priced contractor based on the scope of services available, unique skills, staffing levels, timing, prior experience, past working relationship, and other factors required by the Department or proposed by the contractor. C. Request for proposal /qualifications. The acquiring of professional /special services shall be procured through a negotiated contract and should include requests for proposals /qualifications (RFP /Q). Soliciting bids for professionaUspecial services is decentralized and shall be the responsibility of the Department Director requesting the service. The Purchasing Officer may be contacted to assist in the formal request for proposal /qualification (RFP /Q) process. d. Contracts for Fifty Thousand ($50,000) Dollars or Less. 1. In non - emergency situations, the requesting Department should contact a minimum of three (3) consultants /firms. 2. Unless the City Council authorized the entering into or the award of a specific contract for professional /special services, the Purchasing Officer shall approve in writing the award of all such contracts, taking into consideration the recommendation of the Department Director requesting the professional /special services at issue. 3. The Purchasing Officer or his/her duly authorized designee is authorized to approve professional /special service contracts with an estimated cost of $50,000.00 or less. C. Contracts over Fifty Thousand ($50,000) Dollars. In non - emergency situations, Departments should utilize the following Sealed Request for Proposal process: 1. RFP /Q solicitation process. A formal Sealed Request for Proposal Qualification (herein "RFP /Q ") document should be developed for solicitation of professional services contracts over Fifty Thousand ($50,000) Dollars. 2. Advertisement. The Department should advertise in appropriate publications and/or use the Professional Services Listings, as available, during the solicitation process. 3. Fourteen (14) to Twenty -one (21) day notice. Notice inviting RFP /Q's should be posted at City Hall and on the City's Website at least fourteen (14) calendar days before the due date of submission of the RFP /Q. 4. Notice contents. The notice shall at least describe the general type of service needed, how the RFP /Q minimum Scope of Work can be obtained, the requirement of a written sealed proposal, state the closing date, place, and time for submission of the RFP /Q. 5. Solicitation procedure. Sealed Request for Proposals /Qualifications should be submitted directly to the requesting Department. RFP /Q's need not be opened publicly. Departments shall analyze proposals for compliance with RFP /Q requirements, value of the total scope of services and make a recommendation to City Council for selection, or for follow up interviews of those submitting proposals. 6. Award. Contracts for professional /special services in excess of Fifty Thousand ($50,000.00) Dollars require the approval of the City Council, and unless specified otherwise on a case -by -case basis by resolution of the City Council, the signature of the Mayor, or in his/her absence, the Mayor Pro Tempore, pursuant to the provisions of Gov. Code §§ 40601 and 40602. f Contracts for professional /special services should be on the City's standard form and shall be reviewed and approved as to form by the City Attorney. 6 -3.10 City Manager Authority to Execute Specified Contracts. a. The City Manager or his/her duly authorized designee shall be authorized to sign on behalf of the City all purchase orders or contracts for procuring supplies, equipment and routine services which do not exceed a total purchase order or contract amount of $30,000.00 in any one fiscal year period. The City Manager or his /her duly authorized Designee shall be authorized to sign on behalf of the City all contracts for professional /special services which do not exceed a total contract amount of Fifty Thousand ($50,000.00) Dollars in any one fiscal year period. b. By resolution, and on a case -by -case basis, the City Council may also direct the City Manager to execute on behalf of the City specific purchase orders and /or contracts for procuring supplies, equipment and routine or Professional /Special services which exceed the thresholds set forth in Subsection 6- 3.10.a of this Code. 6 -3.11 Report of Purchases. a. The City Manager shall file a report of purchases with the City Council on a semi- annual basis. The report shall account for all purchases of supplies, equipment or routine services and all contracts for professional services exceeding Five Thousand ($5,000.00) Dollars which were made without prior City Council approval during the preceding six - months of each fiscal year. b. The report shall identify the subject matter of the purchase order or contract, the requesting Department, the person or entity from whom the purchase was made, and the amounts paid or payable by the City or its Agencies under each such purchase order or contract. 6 -3.12 Splitting Purchases or Contracts; Conflict of Interest. a. No officer or employee of the City or its Agencies shall split or separate a purchase of supplies, equipment or a contract or purchase order for routine services or professional /special for the purpose of evading the provisions of this Section. The acquisition of supplies, equipment and routine services should normally be made as a single purchase, when the need has been identified for multiples of items, related items, or similar items, which are ordinarily available from the same vendor or manufacturer. 10 b. No City employee who participates in the selection or approval of a vendor, consultant, product, source or specification, or who has supervisory responsibility for any such employee, shall have any financial interest in the business entity which furnishes the services, supplies, material or equipment being purchased. 6 -3.13 Exceptions. a. Any provisions of this Section to the contrary notwithstanding, no competitive bidding of any kind (whether through informal open market procedures or through formal noticed procedures) shall be required to purchase supplies, equipment, routine or professional /special services under any of the following circumstances: 1. When an emergency requires that an order be placed with the most available source of supply; or 2. When the supplies, equipment, services or contract could be obtained from only one (1) source; or 3. If the City Council shall find, by resolution adopted by not less than four - fifths (415) of its membership, that such an acquisition may be more economically and efficiently effected through the use of an alternate procedure; or 4. When the City is seeking a contract for garbage collection; or 5. When the Purchasing Officer utilizes cooperative purchasing methods he /she has determined to be in the best interest of the City pursuant to Subsection 6 -3.6; or 6. Where the items to be purchased are required to match or be compatible with other furnishings, materials or equipment previously purchased by the City or where the furnishings, types of materials or equipment that have been standardized for the City by the City Council. b. The exceptions listed above shall not apply to contracts for public projects or public works projects. C. The following types of purchases /acquisitions /transactions are exempt from all provisions of this Section. However, other provisions of state law, this Code or resolutions of the City Council may apply. Payment by the City of utility services and related charges; 2. Acquisitions of real property by lease or purchase and related title and escrow fees; 3. Procurement of insurance and bonds; 11 4. Procurement of advertising or publishing of public /legal notices in magazines, newspapers or other media; 5. Procurement of works of art in public places; 6. Employee or officer expenditures or reimbursements involving travel, education, dues, memberships or per diems; 7. Purchases made by homeowners utilizing HOME fund grants. Section 3 . If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared invalid or unconstitutional. Section 4. This Ordinance shall take effect thirty (30) days after its final passage by the City Council. Section 5 . The City Clerk of the City of Lynwood is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published or posted as required by law. First read at a regular meeting of the City Council held on the day of 2006 and adopted and ordered published at a regular meeting of said Council held on the day of 2006. Attest: Andrea L. Hooper, City Clerk Approved as to form: Leticia Vasquez, Mayor City of Lynwood Approved as to content: N. Enrique Martinez, City Manager 12 ?L .S } AGENDA STAFF REPORT DATE: November 7, 2006 TO: Honorable Mayor and Council Members FROM: Andrea L. Hooper, City Cler , SUBJECT: Commissions and Boards At Councils regular meeting of September 19, 2006 and October 3, 2006 the Council nominated the following (see attached memo). Council requested the commission /board list be returned for further review and nominations. Council Member Pedroza nominated Sylvia Herron to the Lynwood Women's Commission and Arselia Villanueva to Personnel. Left open were: Traffic & Parking Parks & Recreation Public Safety Planning Commission CDBG Community Affairs Youth Commission Mayor Pro Tern Johnson nominated Mary Sue Lewis to Lynwood Women's Commission, Julio Mendoza to Parks & Recreation, James Morton to Public Safety, Adolph Lopez to Community Affairs and Alex Landeros to Traffic and Parking commission. Left open were: Personnel Board Planning Commission Community Development Advisory Board Youth Commission The following are interested in the Youth Commission. Currently there are nine youth commissioners. Openings for four: ITEM 03 Jaime Flores Mayanin Amezcua De Leon Meria Berlin Rowland Jessica Tapia Lizzet Gamboa was unable to be reached by phone Kevin Sanchez was unable to be reached by phone New application submitted on September 26, 2006 Sarah Hacket — for Lynwood Women's Commission Lynwood Women's Margaret Araujo — Byrd Sylvia Herron — Pedroza Mary Sue Lewis — Johnson Ethel Pacheco — Santillan Dorothy Palmer Jones — Vasquez Personnel Barbara Battle — Vasquez Maria Quinonez — Santillan Open Johnson — Robert Robinson Paulette Bradley — Byrd Arselia Villanueva — Pedroza Traffic Irene Garcia — Vasquez Pearline Calderon — Byrd Alex Landeros — Johnson Open Pedroza Joaquin Mesinas — Santillan Parks & Recreation Bette Espeseth — Byrd Julio Mendoza — Johnson Lorene Reed —Vasquez Daniel Salazar — Santillan Open Pedroza Public Safety Frank Calderon — Vasquez Open Pedroza Dion Cornelious — Santillan Lorna Hawkins — Byrd Jim Morton - Johnson Planning Lourdes Ramirez —Vasquez Open Pedroza Kenneth West — Santillan Open Johnson Rita Patel — Byrd 2 extra Vasquez — Bill Younger and Zelda Hutchinson CDBG Patricia Carr — Byrd Sylvia Ortiz — Santillan Martha Saldana — Vasquez Community Affairs Joyce Edner— Byrd Adolph Lopez — Johnson Margie Harper — Vasquez Carlos Malapaz — Santillan Open Pedroza Open Johnson — Joe Battle Open Pedroza By general consent the Council directed all Commissions /Boards to begin their new term as of November 1, 2006. Recommendation After Council review appointment by motion the nominated Commissioners to their respective Commissions and Boards Communitv Affairs Commission Joyce Edner Byrd 7/27/06 Katherine Amey — no app. Gloria Garcia Pedroza 7/26/06 Georgi McKenny — no app. Adolph Lopez Pedroza 8/17/06 Esperanza Ramirez — resigned Sue Amicone resigned Edner and Garcia consideration other commissions Youth Commission All applicants want to be reappointed Claudia Figueroa, Kimberly Jacinto, Aaron Lopez, Chery Pena, Candice Estrada, Richard Esparza, Kathleen Merza, Cynthi Gutierrez, Edwin Jacinto. Veteran Affairs Council Open to all veterans living in Lynwood Applications of persons who want to be considered for appointment to other commissions Rod White from Traffic to Planning Commission and /or CDBG William Araujo from CDBG to Planning Commission Gloria Garcia from Community Affairs to CDBG John Beimer from Traffic to Planning Joyce Edner from Community Affairs to Women's Commission Zelda Hutchinson from Public Safety to Planning Dion Cornelious from Public Safety to Planning Joanette Gutierrez from CDBG to Public Safety Irene Garcia from Traffic to Public Safety and /or CDBG Manny Perez resigned Traffic to Recreation New Applicants Dorothy Plummer Jones — Lynwood Women's Commission Tamara Ferguson — Recreation Alfred Carrera — Recreation Mayan Leon Amezcua — Youth Commission Billy Younger — CDBG, Public Safety, Planning, Traffic & Parking Anastasia Ventura — Lynwood Women's Daniel Salazar — Recreation and Parks Margie Harper— Community Affairs, Lynwood Women's, Planning Martha Abrams White — CDBG Jaime Flores — Youth Commission Resignation Letters: Jessica Tapia — Youth Commission Lizzet Gamboa — Youth Commission Kevin Sanchez — Youth Commission Mireia Rowland — Youth Commission Manny Perez — Traffic and Parking Gerardo Reyes — Public Safety Sal Alatorre — Public Safety Name Lynwood W omen's Commissions Appointed by App. Received Margaret Araujo Byrd 7/26/06 Sylvia Herron Pedroza 8/8106 Mary Sue Lewis Vasquez 8/21/06 Ethel Pacheco Santillan 7/26/06 Personnel Board Robert Robinson Vasquez 7/26/06 Barbara Battle Vasquez 7/24/06 Maria Quinonez Santillan 9/7/06 Paulette Bradley Byrd 8/14/06 Arselia Villanueva Vasquez 9/7/06 Traffic and Parking Vasquez 9/7/06 Irene Garcia Vasquez 7/25/06 John Beimer Pedroza 7/27/06 Pearline Calderon Pedroza 7/25/06 Rod White requested other commission Parks and Recreation Bette Espeseth Byrd 7/25/06 Lucy Hernandez Rodriguez 8/17/06 Oscar Flores Pedroza 7/26/06 Julio Mendoza Byrd 7/26/06 Charles Wood Rodriguez 7/20/06 Lorene Reed Vasquez 9/7/06 Public Safety Commission Pedroza 7/24/06 Frank Calderon Vasquez 7/25/06 Dion Cornelious Santillan 7/31/06 Zelda Hutchinson Byrd 7/31/06 Lorna Hawkins — no app. returned Planninq Commission Lourdes Ramirez Vasquez 7/31/06 Carlos Man lapaz Santillan 8/1/06 Kenneth West Rodriguez 8/15/06 Victor Gomez Pedroza 8/8/06 Jim Morton Rodriguez 7/24/06 Rita Patel Byrd 8/14/06 Juan Enciso Pedroza 7/24/06 CDBG Adviso Joe Battle Byrd 7/24/06 Aide Castro Pedroza 8/16/06 Patricia Carr Byrd 9/5/06 Sylvia Ortiz Santillan 9/5/06 Joanette Gutierrez Rodriguez 8/8/06 Martha Saldana Vasquez 9/6/06 Della Maziotti — 3 absences is off per Ord. No app. for Helen Anderson Manny Perez- resigned Guillermo Ramirez resigned Dale Jones — 3 absences is off per Ord. Sal Alatorre — resigned Gerardo Reyes — resigned Mr. Cornelius and Ms. Hutchinson want to be considered for other commissions Joanette Gutierrez wants another commission appl William Araujo wants another commission appt. l � Date: To: From: Subject: Recommendation: AGENDA STAFF REPORT November 7, 2006 Honorable Mayor and Council Members Andrea L. Hooper, City Cler Conflict of Interest Code Staff recommends that the City Council adopt the Resolution entitled, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING AN UPDATED CONFLICT OF INTEREST CODE, WHICH INCORPORATED BY REFERENCE THE STANDARD CONFLICT OF INTEREST CODE, PREPARED BY THE FAIR POLITICAL PRACTICES COMMISSION ". Background: Government Code Section 87306.5 which became law in 1990 requires each City Council in the state to direct all of the boards, commissions, staff and other bodies within its jurisdiction to review and update their local conflict of interest code. The City Code has been revised to include changes and contains disclosure categories for each position listed. �I RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING AN UPDATED CONFLICT OF INTEREST CODE, WHICH INCORPORATED BY REFERENCE THE STANDARD CONFLICT OF INTEREST CODE, PREPARED BY THE FAIR POLITICAL PRACTICES COMMISSION THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1: The Political Reform Act, Government Sections 81000, et seq. requires the City to adopt a conflict of interest code for each department of the City. Section 2 : The Fair Political Practices Commission has adopted a standard conflict of interest code, attached hereto as Exhibit A. The standard code is codified at 2 Cal. Administrative Code Section 18730, can be incorporated by reference by the City and will be amended to conform to amendments to the Political reform Act. Section 3: The standard conflict of interest code adopted by the Fair Political Practices Commission attached hereto as Exhibit A and Appendices A -H, which set forth the designated positions and the disclosure categories for each City department, are herein incorporated by reference and constitute the conflict of interest code of the following departments and agencies: A. City Manager's Office: B. City Clerk's Office: C. City Treasurer's Office: D. Redevelopment Department: E. Finance & Administrations Department: F. Environmental Services: G. Recreation & Community Services Department: H. Consultants: Section 4: Persons holding designated positions listed in the appendices shall file statements of economic interest pursuant to section 4 (c) of the conflict of interest code. Section 5: Resolution code shall also apply to and be the conflict of interest code for these agencies, Lynwood Redevelopment Agency, Lynwood Public Finance Authority, Lynwood Information Inc. Section 6: Resolution No. 83 -32, 96 -156, 98 -202, 2002 -130, and 2004 -152 are hereby repealed. PASSED, APPROVED, and ADOPTED this day of 2006. Leticia Vasquez, Mayor ATTEST: Andrea L. Hooper, City Clerk APPROVED AS TO FORM: J. Arnoldo Beltran, City Attorney AGENDA STAFF REPORT DATE: November 7, 2006 TO: Honorable Mayor &City Council M� APPROVED BY: N. Enrique Martinez, City Manager //��pp PREPARED BY: Autra C. Adams, Interim Dir of Recreation /Asst. to City MgrxA- SUBJECT: Recommendation: Staff recommends that the City Council receive and file this report. Background: On October 13, the City Council convened a workshop to set goals for the City Manager for the next six months (through April 13, 2007). There were a total of fourteen goals established. The workshop was facilitated by Gary Winter from The Centre for Organization Effectiveness. Discussion & Analysis: The following Monday the City Manager convened a staff meeting with the Department Heads to notify them of the goals. Attachment "A" identifies each of the fourteen goals and the department response to the goal. The successful completion of four of the goals is contingent upon variables beyond staff's influence. These variables will be identified to Council during the meeting. A progress report on the goals will be presented to the City Council in January. Fiscal Impact: There is no fiscal impact from the action recommended in the report. However, some of the goals will require funding to be successfully implemented. The fiscal impact will be identified as each item is presented to the Council for action. 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