HomeMy Public PortalAbout2006-11-07CC
This Agenda contains a brief general description of each item to be considered. Copies of the Staff
reports or other written documentation relating to each item of business referred to on the Agenda are on
file in the Office of the City Clerk and are available for public inspection. 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 Addressino 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 L YNWOOD CITY COUNCIL
TO BE HELD ON
NOVEMBER 7,2006
COUNCIL CHAMBERS
11330 BULLIS ROAD, L YNWOOD, CA 90262
5:00 P.M. :~
LETICIA VASQUEZ H
MAYOR
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CITY OF m:V:OOD
CIT\';-I r:-"~'n, ('\'':'':''If:E
NOV 2 2006
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REVEREND ALFREDDIE JOHNSON, JR.
MAYOR PRO-TEM
FERNANDO PEDROZA
COUNCILMEMBER
LOUIS BYRD
COUNCILMEMBER
MARIA TERESA SANTILLAN
COUNCILMEMBER
CITY MANAGER
N. ENRIQUE MARTINEZ
CITY ATTORNEY
J. ARNOLDO BELTRAN
CITY CLERK
ANDREA L. HOOPER
CITY TREASURER
IRIS PYGATT
OPENING CEREMONIES
1. 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
4. PLEDGE OF ALLEGIANCE
5. INVOCATION
6. COUNCIL RECESS TO:
LYNWOOD INFORMATION INC.
L YNWOOD PUBLIC FINANCE AUTHORITY
L YNWOOD REDEVELOPMENT AGENCY
L YNWOOD UTILITY AUTHORITY
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
PUBLIC ORAL COMMUNICATIONS
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
L YNWOOD AND THE L YNWOOD 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)".
2
10. AWARD OF CONTRACT TO AN OFF-SITE RECORDS STORAGE FACILITY AND
AMENDMENT OF RESOLUTION 2006.139
Comments:
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 L YNWOOD 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
Comments:
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 L YNWOOD APPROVING A
CONTRACT CHANGE ORDER IN THE AMOUNT OF $77,673.29 TO WANG
MILESTONE CONSTRUCTION INC. FOR THE L YNWOOD 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 L YNWOOD 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".
3
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 L YNWOOD 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 L YNWOOD 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.
4
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 Cierk 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 L YNWOOD 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 L YNWOOD ACCEPTING
THE REHABILITATION OF WELL NO. 19 AS COMPLETE".
5
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 L YNWOOD 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 L YNWOOD 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 L YNWOOD 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".
6
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 L YNWOOD 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 additionai 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."
7
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 L YNWOOD 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 Aprii 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
8
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 otter 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 L YNWOOD, CALIFORNIA.
9
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.
APN
6189-019-060,
061
6189-019-003
6189-019-058,
059
6189-019-007,
008
6189-019-009,
010
6189-019-011
6189-019-012
6186-036-001
6186-036-029
6186-036-030
6186-036-006
6186-036-007
6186-036-008
ATTACHMENT "A"
Conference with Real Property Negotiators
Ham Park Replacement Project
Commercial Properties
City Council Meeting
November 7,2006
COMMERCIAL/MIXED USE PROPERTIES
Owner
Site Address
Tacos Mexicos Inc.
11800-11808 Atlantic Avenue
Bhagat, Narayan & Ranjan 11812 Atlantic Avenue
Christ New Testament 11820-11832 Atlantic Avenue
Baptist Church of LA
Ornelas, Raul & Isabel 11836 Atlantic Avenue
TrusUOrnelas Family
Ornelas, Raul & Isabel 12000-12006 Atlantic Avenue
TrusUOrnelas Family
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 12130 Atlantic Avenue
J L Flores DDS Inc. 12134 Atlantic Avenue
Ballard, William & Katherine12140 Atlantic Avenue
ATTACHMENT "A"
Page 2
6186-001-011
6186-001-007
6186-001-004,
005,006
6186-001-002
6189-019-900
6189-019-056,
057*
6189-019-013
6189-019-014
6189-019-015
6189-019-016
6189-019-017
6189-019-018
6189-019-019
6189-019-020
6189-019-021
6189-019-022
6189-019-025
6189-019-027
Alfaro, Froylan & Jorge
Loera, John & Mary
Vasquez, Leonel
Michalak, Michael
12001 Atlantic Avenue
12015 Atlantic Avenue
12017-12031 Atlantic Avenue
12035 Atlantic Avenue
RESIDENTIALN ACANT PROPERTIES
Lynwood Redevelopment
Agency
Lynwood Redevelopment
Agency
Chalvin, Myron Z. Trustee
Chavez, Lucia
Casas, Jesus & Patricia
Membreno, Julio & Juana
Contreras, Ramiro & Livier
Tostado, Ernesto & Adrian
Mosqueda, Rogelio & Maria
Gatlin, Signe Conita Trustee
Cruz, Guillermina
Vasquez, Inez & Maria
Cajero, Maria (Estate of)
Aguiar, Gaudencio & Amarilis
NEC Atlantic Avenue &
Josephine Street
NWC Josephine Street &
Virginia Avenue
11801 Virginia Avenue
11807 Virginia Avenue
11815 Virginia Avenue
11819 Virginia Avenue
11825 Virginia Avenue
11833 Virginia Avenue
11837 Virginia Avenue
11845 Virginia Avenue
11851 Virginia Avenue
11857 Virginia Avenue
11867 Virginia Avenue
11869 Virginia Avenue
ATTACHMENT "A"
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
5121 Lavinia Avenue
5124 Lavinia Avenue
12111 Virginia Avenue
12115 Virginia Avenue
12121 Virginia Avenue
12127 Virginia Avenue
12205 Virginia Avenue
Chavez, Ascencion & Margarita 12011 Atlantic Avenue
DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
AGENDA STAFF REPORT
November 7,2006
Honorable Mayor and Council Members
N. Enrique Martinez, City M~ger
Andrea L. Hooper, City Cle~
Albert Espinoza, Deputy City Clerk
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
AGENDA
ITEM
7
L YNWOOD 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 on
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 Proiect
Comoletion
Pedroza Senior Center
6 months
Santillan Rosa Parks & Lynwood Meadows
obtain funding in six months and one year
project completion
Mayor Vasquez Ham Park
clear land - first phase, in one year
Byrd Whispering Glen
groundbreaking in six months - project
completion in 18 months
Mayor Pro Tem
Johnson Lynwood Promenade
DDA in six months
Pedroza Cas a Grande
cost estimate of cleaning up property in six
months - feasibility study in 12 months
Santillan Reduce Crime Rate
plan on reducing crime in six months
Byrd Fernwood Estates
tract map in six months
Mayor Vasquez Street Improvements
50% of funded projects completed in 6 months
Mayor Pro Tem
Mr. Johnson
Plaza Mexico parking enhancement
make deal in six months
Mayor Pro Tem
Johnson and
Santillan
City Name on Plaza Mexico Billboard
make deal in six months
Pedroza
Resolve SELAC & Murriel Estates
in six months
Pedroza
Cultural & Tourism Commission
establish in six months
Mayor Vasquez
Ethics Commission
establish in six months
ADJOURNMENT
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
L YNWOOD 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 L YNWOOD AMENDING
CHAPTER 7 OF THE L YNWOOD MUNICIPAL CODE BY ADDING NEW
SUBSECTION 7-20.24 ENHANCING PARKING CIVIL PENALTIES IN SCHOOL
ZONES.
ROLL CALL:
AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
NONE
NONE
NONE
NOES:
ABSTAIN:
ABSENT:
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 Councilor 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 L YNWOOD,
CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS
THEREFORE.
Item #10 L YNWOOD TROLLEY BUS SERVICE CONTRACT
RESOLUTION NO. 2006.189 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD
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 L YNWOOD
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 L YNWOOD 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 L YNWOOD
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-L YN 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 staff's 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 L YNWOOD APPROVING
THE SELECTION OF TURBO CM AND ABACUS PROJECT MANAGEMENT, INC. TO
PROVIDE ON-CALL COST ESTIMATING SERVICES TO THE CITY OF L YNWOOD
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 L YNWOOD APPROVING
THE SELECTION OF DAVID EVANS AND ASSOCIATES TO PROVIDE ON-CALL
TRAFFIC ENGINEERING SERVICES TO THE CITY OF L YNWOOD FOR A PERIOD
OF THREE (3) YEARS AND AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT.
ROLL CALL:
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 Tem 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 CALL:
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.
ROLL CALL:
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 L YNWOOD APPROVING
THE EXTENSION OF CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY
OF L YNWOOD 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 L YNWOOD 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 L YNWOOD ADDING
SECTION 6-7 TO THE L YNWOOD 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 imolementation of the oolicv shall take effect immediatelv.
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 Tem 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
II
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
November 7, 2006
Honorable Mayor & City Council Me1J~JJ?
N. Enrique Martinez, City Managey/r^-#/ flI
Christy Valencia, Deputy Director of Finance 0ff"'-'
Lilly Mojarro, Accounting Technicia~
,
-
SUBJECT:
Approval of the Warrant Register
Recommendation:
Staff respectfully recommends that the Lynwood City Council approve the
warrant register.
_______m________m Attached Warrant Register dated November 7, 2006-------m-------
AGENDA
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II
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
November 7,2006
Honorable Mayor & City Council M~ YIJ
N. Enrique Martinez, City Manag1/./- -/1 / ~ ~
William A. Rawlings, Redevelopment Direc~ dL-/ ~;r:. d":;.v
Tranda Drumwright, Housing Manager ~-
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 L YNWOOD AND THE L YNWOOD
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
q
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
$613,425 $613,425
Total
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
Attachments(s)Promissory Note
Resolution
RESOLUTION NO.
A RESOLUTION AUTHORIZING A LOAN ($613,425) BETWEEN THE CITY OF
L YNWOOD AND THE L YNWOOD 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.
Leticia Vasquez, Mayor
Andrea L. Hooper, City Clerk
N. Enrique Martinez. City Manager
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
City Attorney
William A. Rawlings. Director of
Redevelopment
.. ,
Attachment A
PROMISSORY NOTE
1. PrincipaL
For value received as evidenced by that certain Repayment Agreement, of even date
between, THE L YNWOOD REDEVELOPMENT AGENCY, a public body corporate and politic
(Agency) and THE CITY OF L YNWOOD, a public body, corporate and politic €/I-City @) 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.
2. Citv 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. "
3. Repavment.
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 Monev.
Z:\City of Lynwood\promissOl.y Note 2. wpd
~
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 balaoce shall be applied to the Principal Sum.
7. Severabilitv.
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 balaoce 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 loao
evidenced hereby be exempt from the restrictions of the usury laws of the State of California.
The Agency and City stipulate aod agree that none of the terms aod provisions contained herein
shall ever be construed to create a contract for the use, forbearaoce 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 ofthe City, be credited to the payment of the sums due hereunder or returned
to City.
Dated:
,2006
Lynwood Redevelopment Agency
Z:\City of Lynwood\promissory Note 2. wpd
2
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 reimb~seni'ent 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.
Z:\City 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 I, 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 ofthe Outstanding Balance on September I, 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 oflimitations 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
2
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
3
""~iO'.
!*iillilii*)
"'>9 ~.,.
tJ4,~ DE"'~_\-O
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
Mr. Enrique Martinez
City Manager
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Dear Mr. Martinez:
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.
Lvnwood 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 CPR Part
92.500(d)(I)(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 CPR Part 92.250 and property
purchase price and after-rehabilitation value limits in accordance with 24 CPR 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 ha~e 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 CPR 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 CPR
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
3
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. Humin
Deputy Director
Los Angeles Office of Community
Planning & Development
"
cc: Kathy Johnston
9DDM1
RMiranda
9DDM1
NDHuseby
9DDM1
WItoga
II
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
November 7,2006
HONORABLE MAYOR AND CITY CjJJ~,MEMBERS
N. Enrique Martinez, City Manage1~;#/
Lorry Hempe, Assistant City Manager ~
AWARD OF CONTRACT TO AN OFF-SITE RECORDS
STORAGE FACILITY AND AMENDMENT OF
RESOLUTION 2006.139
SUBJECT:
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled,
"RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD
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
Panel. A Selection Panel consisting of a representative from the Finance
AGENDA
ITEM
1
10
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
2
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.
3
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 7th day of November 2006.
LETICIA VASQUEZ, MAYOR
ATTEST:
ANDREA L. HOOPER
CITY CLERK
N. ENRIQUE MARTINEZ
CITY MANAGER
APPROVED AS TO FORM:
J. ARNOLDO BELTRAN
CITY ATTORNEY
LORRY HEMPE
ASSISTANT CITY MANAGER
4
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
wrillen 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
Alln: Mr. N. Enrique Martinez, City Manager
Contractor
GRM Information Management Services of California, LLC,
8500 Mercury Lane
Pico Rivera, CA 90660
Alln: 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 0 - Fee Schedule (four (4) pages)
- 2 -
III
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
dates written below.
CITY
CITY OF L YNWOOD
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 (Le., 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 Califomia with a Best's rating of no less
than A:VII.
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 tum 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 payor 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 altemative, 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 term 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
6
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 attomey'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 Contractors 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 Califomia.
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 DELlVERABLES
December 1 , 2006 Start of Service Contractor &
Agreement City
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 % hour
Site Storage Informational
Training to all
Departments
December 15,1006 First Boxes Delivery Contractor Boxes Delivery
December 18, 2006- Instructions to individual Contractor % hour training
January 17, 2007 Departments/Divisions on to each of nine
Boxing and Labeling Departments
Documents for storaQe
January 2, 2007 - Transport of Boxes Contractor Transport
January 31 , 2007
February 1 , 2007 Delivery of Inventorv List Contractor Inventorv List
1 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 "0"
FEE SCHEDULE
Quantity and price, unless noted, should be based on 1.2 cu ft per box or unit.
Receiving and Data
Processing
Bar Code Labels
1 ,500 boxes
$ 1,500
1 ,500 labels
$no charge
Standard Size Carton (10"x12"x15")
$ .25 per box
Letter Size Transfer Case (10" x 12" x 24")
Architectural Boxes (4"x4"x42")
Legal Size Transfer Case (10" x 15" x 24")
$ .221 cu ft
$.221 cu ft
$.221 cu ft
Minimum Storage Charges
Only used if the per box cost multiplied by the
number of boxes in storage during any month is
equal to an amount less than $75.00 t
Account Maintenance fee/month
$ 75 per month
$15 per month
ONGOINGSEf;lVICE CHARGES
Receiving, Indexing,
handling & Data
Processing (With Bar
Per unit
$1.75 per container, to
add new container,
barcode and shelve2
2 This represents the ongoing service charges after the first initial
transfer fees of $1,500 has been reached.
Records Storage Services Agreement
Exhibit 0
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
Intertile (new folders or
documents)
Per intertile
$3.75
Shredding (plus retrieval) Per pound
Permanent Removal (plus Per box
retrieval)
$.10 per pound plus
$2.00 per retrieval
(retrieval and record
change only)
$2.00/container
Palletizing for permanent Per palletizing service
retrieval (include charges
for any other fees)
No charge
Photocopies
Per copy
$ .50 per page
Computer Reports
Per report
$ no charge
Bar Code Labels
Per additional label
(after the first 1500
labels which are free)
$ .10 per label or
$1.60 per sheet
$ 36 per hour
Special
Labor/Programming
Per hour
Records Storage Services Agreement
Exhibit D
2
Client Review/Conference
Room
Facsimile - Client's
Document
Regular - Delivery Next
Day (include any other
cost related to delivery)
Regular - Delivery Next
Day (include any other
cost related to delivery)
Delivery in Three Hours
Delivery Half Day
Deliver After Hours,
Weekends, & Holidays
Pick Up New Inventory,
Refiles and Interfiles
Per hour
Per fax
Base Rate for the first
box
Additional Boxes
Per delivery
Per delivery
Per delivery
Per item
',>':,'C",:,",<;" :.,',' .:: .: ...... :';,;:;::;;.;.:<
CARTONIF!l:JRCHASE; AND Dl;IJVE;BY:'
Standard Size
(1 Q"x12"x15")
Expandable Size
(1 Q"x12"x16")
Rush Delivery of
cartons (Next Day)
Regular Delivery of
boxes (Within 3
Working Days)
Records Storage Services Agreement
Per box
Per box
Per box
Per
delivery
$ no charge
$5.00 minimurn/$.50
per page
$ 17.00 per trip
$2.00 fuel surcharge
$ 2.00 per box over
first 7 items
$50.00 per trip (2
hours)
$28.00
$165 per delivery
Refile $2.75 per file
Interfile $3.75 per item
3
No Charge - next
day is standard,
charge for carton
only
is no
Exhibit D
0 Is there is a permanent removal fee in DYes 0No
addition to the standard retrieval fee?
0 Are there a maximum number of items DYes 0No
per week that can be retrieved for
permanent removal?
0 - If yes, indicate the maximum number
of items.
0 Is a permanent removal fees charged DYes 0No
upon termination of the contract? Fees for
retrieval still
apply.
0 Is shreddina available? 0Yes IDNo
0 -If yes, at what cost per pound? $.10 per pound
Or $3 per box
Plus retrieval fees still applv
0 Is shredding performed by a third-party 0Yes DNo
vendor?
0 Are there charges for shredding DYes 0No
notification reports?
0 Are there charges for shredding DYes 0No
certificates?
0 Is pulling an item for shredding DYes 0No
considered a permanent withdrawal?
0 Are shreddina bins available? 0Yes DNo
0 Is there a charae for providing the bins? 0Yes DNo
0 -If yes, at what monthly charae? $75.00 minimum
0 Is there a pallet cost for large quantities DYes 0No
of permanent removal?
Records Storage Services Agreement
Exhibit D
4
u
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
November 7, 2006 ~
The Honorable Mayor and Members e ;Council
N. Enrique Martinez, City Manager " 6. DO.
G. Daniel Ojeda, P.E., Director.of ~c orks I City Engineer
Elias Saikaly, P.E., Capital Improvement Projects Manager
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
L YNWOOD APPROVING A CONTRACT CHANGE ORDER IN THE AMOUNT
OF $77,673.29 TO WANG MILESTONE CONSTRUCTION, INC. FOR THE
L YNWOOD 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:
AGENDA
ITEM
II
J:\PUBWORKS\wordfiles\COUNCIL\Cou0702SeniorCenterCCOltem.doc
DESCRIPTION WMC, Inc. TOTAL
FILE NO:
STRUCTURAL ADDITIONS & ALTERATIONS FOR RFI 35, GLUE-LAM 35Ha
BEAMS, LUMBER, ROUGH HARDWARE AND ROOF MODIFICATIONS (REVISED) $28,162.29
AT GRIDLlNE 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 GRIDLlNE 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 64B $2,307.00
(REVISED)
CONSTRUCT CRICKET BUILT UP ROOF 65B $1,059.00
(REVISED)
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 69 $1,442.00
(REVISED)
INSTALL SIX VENTS ON NORTH AND EAST WALLS 71B $1,081.00
(REVISED)
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 78B $545.00
(REVISED)
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\Cou0702SeniorCenterCCOltem.doc
RESOLUTION NO.
A RESOLUTION OF THE L YNWOOD CITY COUNCIL OF THE CITY OF
L YNWOOD APPROVING A CONTRACT CHANGE ORDER IN THE AMOUNT
OF $77,673.29 TO WANG MILESTONE CONSTRUCTION, INC. FOR THE
L YNWOOD 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. TOTAL
FILE NO:
STRUCTURAL ADDITIONS & ALTERATIONS FOR RFI 35, GLUE-LAM 35Ha
BEAMS, LUMBER, ROUGH HARDWARE AND ROOF MODIFICATIONS (REVISED) $28,162.29
AT GRIDLlNE 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 GRIDLlNE 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 64B $2,307.00
(REVISED)
CONSTRUCT CRICKET BUILT UP ROOF 65B $1,059.00
(REVISED)
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)
J:\PUBWORKS\wordfiles\COUNCIL\Cou0702SeniorCenterCCOItem.doc
DESCRIPTION WMC, Inc. TOTAL
FILE NO:
REORDER THE NEW 84" X 48" STORM LOUVER 69 $1,442.00
(REVISEDl
INSTALL SIX VENTS ON NORTH AND EAST WALLS 71B $1,081.00
(REVISED)
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 78B $545.00
(REVISEDl
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 I City Engineer
J:\PUBWORKS\wordfiles\COUNCIL\Cou0702SeniorCenterCCOltem.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:
City Clerk, City of Lynwood
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.
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:\PUBWORKSlwordfilesICOUNCILICou0702SeniorCenterCCOltem.doc
[)J
DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
Recommendation:
AGENDA STAFF REPORT
November 7, 2006 ~~
The Honorable Mayor and Membe~ I Council
N. Enrique Martinez, City Manager .
G. Daniel Ojeda, P.E., Director of ublic Works / City Engineerl\Lfr
Elias Saikaly, P.E., Capital Improvement Projects Manager 1['
Award of Contract
Water Main Improvement Project
Gertrude Drive (From Magnolia Ave. to Agnes Ave.)
Project Number 05-5300
Staff recommends that the City Council adopt the attached resolution entitled,
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD
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.
AGENDA
ITEM
/2-
J:\PUBWORKS\wordfiles\COUNCIL\Cou06074Gertrude WaterMaintA wardItem.doc
BID CONTRACTOR BID TOTAL
RANK
1 CEDRO CONSTRUCTION, INC. $144,526.24
2 JA SAlAZAR CONSTRUCTION & SUPPLY, INC. $174,943.00
3 MIRAMONlES 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:\PUBWORKSlwordfileslCOUNCILICou06074GertrudeWaterMaintA wardltem.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD
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,
BID CONTRACTOR BID TOTAL
RANK
1 CEDRO CONSTRUCTION, INC. $144.526.24
2 JA 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:\PUBWORKS\wordfiles\COUNCIL \Cou06074Gertrude WaterMaintA wardltem.doc
PASSED, APPROVED and ADOPTED this 7th 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:
APPROVED AS TO CONTENT:
City Attorney, City of Lynwood
G. Daniel Ojeda, P.E.
Director of Public Works / City Engineer
City of Lynwood
J:\PUBWORKS\wordfiles\COUNCIL\Cou06074GertrudeWaterMaintA wardltem.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:
City Clerk, City of Lynwood
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.
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\Cou06074GertrudeWaterMaintA wardltem.doc
II
AGENDA STAFF REPORT
PREPARED BY:
November 7, 2006
Honorable Mayor & City council~e ~b~JYJ _ ~
N. Enrique Martinez, City Manager. ~I//
Marianna Maryshev~, ~sistant Ity Manager - Finance
Mary Ellen Schu~terim Director of Human Resources
DATE:
TO:
APPROVED BY:
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 Attomey's Office
Finance and Administration Department
AGENDA
ITEM
I~
RESOLUTION NO.
EMPLOYER EMPLOYEE RELATIONS RESOLUTION
THE COUNCIL OF THE CITY OF L YNWOOD DOES HEREBY RESOLVE
AS FOLLOWS:
ARTICLE I - GENERAL PROVISIONS
Section. 1. Statement ofPuroose.
This resolution implements Chapter 10, Division 4, Title I 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 Councilor any du1y authorized City representative as herein
I
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 hislher
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 offairly 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.
1. "Management Employee" means an ernployee 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 anyone 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, layoff, 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 Emplovee 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
ongm.
1. 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 peJjury, by the duly authorized officer( s) of the
employee organization executing it.
Section 4. Citv 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 m
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
4
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. Ooen Period for Filing Challencing 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 II 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 I2-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 borne in equal shares by the City and by each
employee organization appearing on the ballot.
Section 8. Procedure for Decertification of Recognized Emplovee 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
6
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 hislher 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 11 ofthis Article II.
If the determination of the Employee Relations Officer is in the affirmative, or if
hislher 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. Policvand 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
8
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 hislher 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 conceming 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 II
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
9
detennination or the tennination 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 bv Exclusivelv Recognized
Emplovee 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 Emplovee 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. Emplovee Organization Activities - Use of Citv 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. Emplovee 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. Citv 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 ane! personnel by which govemment 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 Councilor 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 conceming 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 1.
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 tennination 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. Severabilitv.
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
1, the undersigned, City Clerk of the City
ofLynwood, 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
City Clerk, City of Lynwood
15
III AGENDA STAFF REPORT
DATE: November 7, 2006
TO: The Honorable Mayor and Memb~r ,a~ity Coun I
APPROVED BY: N. Enrique Martinez, City Manager '!!-/II-'
Marianna Maryshe~o/ Assistant 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 L YNWOOD
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
Bob Murray & Associates
Alliance Resource Consulting
$20,000
$33,000 plus expenses
$36,000 plus expenses
The following criteria were used in evaluating and ranking each of the firms:
1. Firm qualifications I Years of experience
2. Prior recruitments with local municipalities
3. Recruiting strategies and process
4. Qualifications of project personnel
5. Candidate selection process
AGENDA
ITEM
lif
1
6. Timeframe for completion
7. Cost of service
8. 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 L YNWOOD
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.
Section 2. This resolution shall become effective immediately upon its
adoption.
PASSED, APPROVED, and ADOPTED this _ day of
,2006.
Leticia Vasquez, Mayor
City of Lynwood
ATTEST:
I
Andrea Hooper, City Clerk N. Enrique Martinez, City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
City Attorney Mary Ellen Schubel, Interim Director
Of Human Resources
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
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
AGENDA STAFF REPORT
DATE: November 7,2006
TO: Honorable Mayor and Council Members
APPROVED BY: N. Enrique Martinez, City Manager
PREPARED BY: Andrea L. Hooper, City Cler~
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
L YNWOOD AMENDING CHAPTER 7 OF THE L YNWOOD 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
AGENDA
ITEM
15
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
L YNWOOD AMENDING CHAPTER 7 OF THE L YNWOOD
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, 97 of the California Constitution permits a city to
make and enforce within its limits aI/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 ofLynwood; 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 anyone 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
meeting of said
, 2006 and adopted and ordered published at a regular
Council held on the
day of
,2006.
Leticia Vasquez, Mayor
City of Lynwood
NOW THEREFORE, THE CITY COUNCil OF THE CITY OF l YNWOOD
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 CHA VEZ MIDDLE
FIREBAUGH HIGH SCHOOL
HELEN KELLER ELEMENTARY
HOSLER MIDDLE
LINCOLN ELEMENTARY
LINDBERGH ELEMENTARY
LINDBERGH C.C.
L YNWOOD HIGH SCHOOL
L YNWOOD MIDDLE
LUGO ELEMENTARY
MARK TWAIN ELEMENTARY
PA THWA Y SCHOOL
ROSA PARKS ELEMENTARY
THURGOOD MARSHALL ELEM.
WASHINGTON ELEMENTARY
WILL ROGERS ELEMENTARY
WILL ROGERS C.G.
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 A ve., 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., Cedar Ave.)
(Imperial Hwy., Cornish Ave., Colyer Ave., Jackson Ave.,
Sampson Ave.)
(Bullis Rd., Bradfield Ave., Carlin 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
--t._
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
November 7,2006
Honorable Mayor and City Council M~S),IJ
N. Enrique Martinez, City Manage'/f"~/~' .
Grant Taylor, Director of Development Services (Of
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) HMllights
. 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.
license fee is required prior to the event.
Upon approval of the application, a $90
H:\WORDFILE\PLANNING\ST AFFRPT\memo_counciLspecialpermit.plazanrexicot'filming, II-07-06.doc
AGENDA
ITEM
/Ii>
,
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:\WORDFILE\PLANNING\ST AFFRPT\memo.council.spccialpennit.plazamexico;zfilming.] 1-07-06.doc
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APPLICATION FOR SPECIAL PERMIT
CITY OF L'/!\JVI../O(JD
1 '13.30 BULLIS F{O/.\O
LYNWOOD, CA 9026.'2
310-603-0220
APPLICANT INFORMATION:
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EVENT INFORMATION
TYPE OF PERMIT REQUESTEDL-\Vr. ~in(IJ \!1"'t1--6"lii)r::-A::Cwdc:"
DATE(S) OF EVENT \vl\D\''lLit:l\.\ . t-JO-.J. lo - 26G( /)_
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ADDRESS OF PROPOSED EVENT LOCATION: .12S p \",,,'\.?,d<::,
SPECIFIC AREA DESIGNATED FOR EVENT: ES-p ""'~",Lc .'y_,
IS STREET CLOSURE BEING REQUESTED: YES ~.~
(IF' YES, BRIEFLY EXPLAIN REASON FOR EVENT AND CLOSURE:)
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HAVE YOU MADE AN APPLICATION FOR THIS TYPE OF PERMIT BEFORE? C.2,=i;~:>
NO
IF YES, WHERE AND WHEN:
IS THIS A FOR-PROFIT OR NON-PROFIT EVENT? (CIRCLE ONE)
IF THIS IS A NON-PROFIT EVENT OR A CERTAIN PORTION OF THE PROCEEDS BENEFIT A
NON-PROFIT AGENCY OR ORGANIZATION, PLEASE PROVIDE THE FOLLOWING:
NAME OF ORGANIZATION BEING BENEFITED:
STATE NON-PROFIT NUMBER:
ADDRESS OF ORGANIZATION:
PHONE:
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'--~-----
IS A WAIVER OF FEES BEING REQUESTED:
IF YES, EXPLAIN,
YES
A NEGOTIATED PERCENTAGE OF THE PROCEEDS IS REQUESTED TO BE DONATED TO THE CITY.
--'~l HEREBY. CERTIF"Y'THAT ALL STATEMENTS MADE IN THIS APPLICATION ARE TRUE AND
COMPLETE AND THAT ANY MISSTATEMENTS OF MATERIAL FACTS WILL CAUSE A
FORFEITURE OF FEESANU DENIAL OF PERMIT ' ,!. ,:
sIMI};:~~;?6F i~P'L~C~~ d:;."" /;:
SIGNA.TURE OF APPLICANT
DATE
ACCEPTANCE OF THIS APPLICATION FOR REVIEW DOES NOT IMPLY APPROVAL. THIS
PERMIT REQUIRES CITY COUNCIL APPROVAL. YOU WILL BE NOTIFIED ACCORDINGLY,
},,- cS / h: ?L'crYl, -.2;; e S C-<:.-Y';o h dz-c ~ A e .,.(, v/~~ S
,A/Nt,e 5. _::'~_~_~_"!.!?~ I
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 2:00pm - 3:00pm 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 - 5:00pm. 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 1 x 4k - 2 x 2k - 2 x 400 watts
. 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 V2 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
3100 East Imperial Hwy, Lynwood, Ca. 90262 * Phone (310) 631 4989 Fax (310) 631 1645
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DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
Recommendation:
AGENDA STAFF REPORT
November 7,2006
Honorable Mayor & City Council Me~bT #J
N. Enrique Martinez, City Manage#/l1' t
G. Daniel Ojeda, Director of Public Works I City Engineer ~
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 L YNWOOD 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
BASE BID QUOTE
General Pump Company
Layne Christensen Company
South West Pump & Drilling
SoCal Pump & Well Service
$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 N . AGENDA
05-5331 to pay for this service. ITEM
Coordinated With: Finance Department ,City Attorney's Office and City Clerk's Office I ?
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD
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 th day of November, 2006.
LETICIA VASQUEZ, Mayor
City of Lynwood
ATTEST:
N. ENRIQUE MARTINEZ
City Manager
ANDREAS L. HOOPER, City Clerk
City of Lynwood
APPROVED AS TO FORM
APPROVED AS TO CONTENT
City Attorney
City of Lynwood
G. DANIEL OJEDA
Director of Public Works!
City Engineer
H:IWORDFILEIPUBWORKSICOUNCIL ICOU06097We1l11 RehabAward.cc.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:
ABSTAIN:
ABSENT:
City Clerk, City of Lynwood
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 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
~~
DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
Recommendation:
AGENDA STAFF REPORT
November 7,2006
Honorable Mayor & City Council Mem"rif g
N. Enrique Martinez, City Manager//.-A-';:: J
Dan Ojeda, Director of Public Works I City Engineer\ro~
Jose Molina, Utility Services Manager
Acceptance of the Rehabilitation of Well No. 19 Project
Staff recommends that the City Council adopt the attached resolution entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD 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
AGENDA
ITEM
" I
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD
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 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
APPROVED AS TO CONTENT
City Attorney
City of Lynwood
G.DANIEL OJEDA
Director of Public Works I
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
day
of
, 2006 and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
City Clerk, City of Lynwood
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 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
roJ
DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
RECOMMENDATION:
AGENDA STAFF REPORT
November 7, 2006 ~
The Honorable Mayor and Member ~ity Council
N. Enrique Martinez, City Manager if:( GOO
G. Daniel Ojeda, P.E., Director of ubllc Works/City Engineer
Josef Kekula, Interim Public Works Engineering Manager
Re-appropriation of the 2000 Resources Bond Act Funds
and Allocation of the 2002 Resources Bond Act Funds
Staff recommends that the City Council adopt the attached resolution entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD
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 L YNWOOD 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:
AGENDA
ITEM
H:IWOROFILEIPUBWORKSICOUNCIL ICOU061 02percaitarzhbondreappr.doc
J~
2000
Proiect Name Per Caoita 2000 RZH General Fund Total Allocation
Rose Park $ 215,000 ---- ---- $ 215,000
Teen Square $ 150,000 ......... ---... $ 150,000
Natatorium Uporades $ 200,000 ---- ---- $ 200,000
Veterans Memorial $ 79,000 $ 201,777 $ 86,476 $ 367,253
Totals $ 644,000 $ 201,777 $ 86,476 $ 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:
2000
Proiect Name Per Caoita 2000 RZH General Fund Total Allocation
Rose Park $ 215,000 ---- ---- $ 215,000
Teen Square $ 150,000 ---- ---- $ 150,000
Baseball Field Liahts $ 120,000 .......- ---- $ 120,000
Veterans Memorial ---- $ 201,777 $ 86,476 $ 288,253
Totals $ 485,000 $ 201,777 $ 86,476 $ 773 253
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:IWORDFILE\PUBWORKSICOUNCILICOU061 02percaitarzhbondreappr.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:
2000 Per 2002 Per General
Proiect Name Cacita 2000 RZH Cacita 2002 RZH Fund Total Allocation
Rose Park $ 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 $ 316,000 $ 194,424 $ 86,476 $ 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:IWORDFILEIPUBWORKSICOUNCIL ICOU061 02percaitarzhbondreappr.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD
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 L YNWOOD 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
To
Veterans Memorial Project
Proiect No.05-5255
Lynwood Meadows Park
Proiect No. 05-5289
2000 RZH Fund
$201,777
2000 RZH Fund
$201,777
General Fund
$86,476
General Fund
$86,476
Teen Square Project
Proiect No. 05-5257
Lynwood Meadows Project
Proiect No. 05-5289
2000 Per Capita
$150,000
2000 Per Capita
$150,000
H:IWORDFILEIPUBWORKSICOUNCILICOU061 02percaitarzhbondreappr.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
To
Unappropriated 2002 Per Capita
and 2002 RZH Funds
Lynwood Meadows Project
Proiect No. 05-5289
2002 RZH Fund
$194,424
2002 RZH Fund
$194,424
2002 Per Capita Funds
$316,000
2002 Per Capita Funds
$316,000
Section 3. That the Lynwood City Council approves the following
appropriation and transfers:
From
To
Contingency Set-Aside Fund (38)
Lynwood Meadows Project
Project No. 05-5289
$230,000
$230,000
Unappropriated General Fund (01)
Fund Balance
Lynwood Meadows Project
Project No. 05-5289
$120,000
$120,000
Unappropriated General Fund (01)
Fund Balance
Rose Park Project
Project No. 05-5326
$535,000
$535,000
Section 4. That the City Manager of Designee is authorized to make
the necessary fund appropriations and transfers.
adoption.
Section 5. This resolution shall take effect immediately upon its
H:IWORDFILEIPUBWORKS\COUNCILICOU061 02percaitarzhbondreappr.doc
PASSED, APPROVED and ADOPTED this 7th 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:
APPROVED THIS CONTENT:
CITY ATTORNEY,
City of Lynwood
G. DANIEL OJEDA, P.E.
Director of Public Works I City Engineer
H:IWORDFILEIPUBWORKSICOUNCIL ICOU061 02percaitarzhbondreappr.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:
City Clerk, City of Lynwood
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.
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:IWORDFILEIPUBWORKSICOUNCILICOU061 02percaitarzhbondreappr.doc
ra
DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
RECOMMENDATION:
AGENDA STAFF REPORT
November 7,2006
The Honorable Mayor and Members ~h~iWJCouncil
N. Enrique Martinez, City Manager II~)::....'///' ().)
G. Daniel Ojeda, P.E., Director of Public Works/City Engineer ~r~""
Josef Kekula, Interim Public Works Engineering Manager
Appropriation and Transfer from City's General Fund
Balance to the City Hall/Senior Center Parking Lot
Improvement Project, Project No. 05-5297
Staff recommends that the City Council adopt the attached resolution entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD
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.
AGENDA
ITEM
2/)
H:\WORDFILE\PUBWORKS\COUNCIL\COU06106CHparl<inglol.doc
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 ca~d for this project.
"
COORDINATED WITH:
\
Finance Department, City Clerk's Office, City Attorney's Office and City
Manager's Office
H:\WORDFILEIPUBWORKS\COUNCIL\COU06106CHparkinglol.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF L YNWOOD 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)
Fund Balance
City Hall/Senior Center Parking Lot
Improvements, Project No. 05-5297
$800,000
$800,000
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 7th day of November, 2006.
LETICIA VASQUEZ, Mayor
City of Lynwood
H:IWORDFILEIPUBWORKSICOUNCIL ICOU061 06CHparkinglot.doc
ATTEST:
ANDREA L. HOOPER,
City Clerk
N. ENRIQUE MARTINEZ,
City Manager
APPROVED AS TO FORM:
APPROVED THIS CONTENT:
CITY ATTORNEY,
City of Lynwood
G. DANIEL OJEDA, P.E.
Director of Public Works I City Engineer
H:IWORDFILEIPUBWORKSICOUNCIL ICOU061 06CHparkinglot.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:
City Clerk, City of Lynwood
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.
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:\WORDFI LEIPUBWORKS\COUNCIL ICOU06106CHparkinglot.doc
II
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
November 7, 2006
Honorable Mayor and Members of tl1)Cijr ~uncil
N. Enrique Martinez, City Manager//.L.#/,_
Lorry Hempe, Assistant City Manager V
AWARD OF CONTRACT TO SECURE THE CITY'S
PARKS AND PUBLIC FACILITIES
SUBJECT:
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD
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 proble.
solving abilities.
AGENDA
ITEM
Oll
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 ':4"
shows a list of security providers that submitted a proposal to the City and their
ranking in the RFP process. Attachment uB" 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 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:
PROPOSED RATES
NEGOTIATED RATES
FY 06/07
NEGOTIATED RATES
FY 07/08
$18.88
$29.98
$25.52
$28.98
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 :OOpm is low.
The proposed security services provider will provide services from 7:00am to
2
10:30pm instead of 6:00am to 11 :OOpm. 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 06/07 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 "8" - Selection Panel - Interview
Draft Service Agreement
3
ATTACHMENT "A" - LIST OF FIRMS AND EVALUATION RANKING
SECURITY FIRM
WAGE
RATE TO
OFFICER
BILL RATE
TO CITY
OVERTIME
RATE TO
CITY
SHORT.
LISTED
CANDIDATE
SELECTION RANKING
PANEL BASED ON
RANKING SITE VISIT
BY POINTS
Ul
~
II:
u:
Q
w
Iii
:J
~
o
:z:
Ul
7 City of Lynwood $17.73 N1A N1A NO
8 Crime Enforcement $15.85 N1A N1A 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
ATTACHMENT "B" SELECTION PANEL -INTERVIEW QUESTIONS AND RATlNG MODULE
T,K",bouttMhiItol'ybehlndYDII'OO,"""",?
,
How long hi, tMoo......,...n 0f*"Itlng?
(No'-to Panel..: w. _nltD und......1Id W lheoompeny hae
lh<I_rylnlrutructureto*"PP<!rtth.operellon.1a1he
ODfnIIMYgrowlng?W._nltD_.eeeu,ilyY8!ldolwtlha
atrongr_lI.bueend.oompenylhetiaprofllable.A18
Ih.eygoklgtDbeeroulldlorlhedurellon?
How.......hl'8'l8!lU8..g&lWNCtIdperyee.fromguerd
........
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nlllMMetlllllvlllee lie. amoklno, drunbMee 0. loitering)
.lheplll1tendothlrpublla...- Iryow oomperay Ie
eeIeotedlopl'OYIde~-vIoee?
........
T'" u. .bout you. Ofll8n1ut1onel.tnIotun? Doee your
IoolH ofIkIe ulllmetely report 10 .nother omoe Or
-.-
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-vone'. role wlIhkllh. orgenlRllon and how they ullmataly
wIl*"PP<!rtIheClly'aoonlrect?Wholla.lh.declalon-making
aulhority. local olflce or IIIll lleadquarler? How 'heavy"ialh.
managemenl .lructur.? Doea IIIe organizational .lruclUr.
provld. polenlilll car,., palha lorVloH in lheorganization?
.....
Tell uaaboutyour appllDent 1Iow. Whal.r. your prnuory
r8Cfullln(lllYingchannala?
Whatlath.averageeppticantftowlhellaprocesaedbythla
offic.ona-'dybaela?
How mucIl doN your company apend. on advertiaing or
'ecrullmenl~in.oWenmonth?
(No'-to Panelleta: W. WMtto knowllle actual number 01
appIjgema thel .f. proc8M8d before IWIng on. ndMdlMll.
Howllllinoenliath8lfacr...ingoperallona?
.
.
Whalia)'Ollr.ppJicanlyeld?Whatpercenw.ll8ofjob
candlde...re_lu&Illyofferredapoailion?
"
Whal_1eI you oonalder th. ..--mportanl facio.. to
conalderwhenlCf88lllng.joblqlplicant? (Note 10 Pan.liate.
W.-mtoknow mor.1han lO~gloroorMollona .nd
drug....'Wllat.relh.oompany'..redAag.lluul..?
......
"
Whet Ie Ihe _urtty oompany'. mandated tnlnlng
....'*-"1 (Nole
IoPaneliBta:W"reinl8featedilu","""landingth.~(.
new hlre lrelnhg.
"
Whet Ie yoill' method. fofo 1netruotlnt tM otfloen?
(flk>te to P.nelleta: "'.Ih.ey juet Ir.kling via oompuler-baud
Irellmgloreduo.lraklingcoate?Ooeath.~rprovld.
inalruolorintelltOlion?
.....
-----
...... ""'''-
P08S&.f: SOOAEOF 100 POINTS)
GJ GJ GJ [;J [;~~][~;J
1 234 5 6
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD
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.
6
Section 3: This resolution shall become effective 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:
J. ARNOLDO BELTRAN
CITY ATTORNEY
LORRY HEMPE
ASSISTANT CITY MANAGER
7
CITY OF L YNWOOD
SERVICES AGREEMENT
This Security Services Agreement ("Agreement") is made as of the 13th day of November
2006 by and between the CITY OF L YNWOOD, 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 periorm 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 "0" 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 Eauipment. 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 Securitv 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
2.7
2.8
2.9
premiums, uniforms and equipment and overhead costs.
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.
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.
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 narned as
additional insured on the policy(ies) as to comprehensive general liability
and property darn age 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 rnodify 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 Attornevs 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 attomey's fees and costs, including costs of expert witnesses
and consultants.
3.2 Assianment. 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 Aareement. 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
4
only be valid if signed by the Mayor and attested by the City Clerk.
3.4 Non-Discrimination and Eaual Emplovment Opportunity.
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 payor 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 Aaency. 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 Severability. 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
6
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., 35th Floor
Los Angeles, CA 90017
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
date first written above.
CITY
CITY OF L YNWOOD, a municipal corporation
By:
Leticia Vasquez, Mayor
COMPANY
PREFERRED RESPONSE SECURITY SERVICES, INC.
a Delaware corporation qualified to do business in
California
By:
Randall K. Ely, Vice President
ATTEST:
By:
Andrea L. Hooper, City Clerk
APPROVED AS TO FORM:
By:
J. Arnoldo Beltran, City Attorney
7
APPROVED AS TO CONTENT:
By:
Lorry Hempe, Assistant City Manager
8
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
9
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 (8SIS), and the Department
of Motor Vehicles.
11
j. 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.
I. 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 lor 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 1.0.
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.
I. 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) Smokina: 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 Hvqiene: Good personal hygiene habits shall be maintained.
18
3) FinQernails: Security Officers' nails shall not extend more than 14 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.
19
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 Manaaer: 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
8. Emergency Services
The COMPANY shall provide emergency radio dispatched units at the request of the
City Manager or his designee.
1) Emeraencv 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) Emeraencv 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) Emeraencies Coveraae
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 "0", 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
11330 Bullis Road
Lynwood, CA 90262
(310) 603-0220
Preferred Response Security Services, Inc.
707 Wilshire Blvd., 35th Floor
Los Angeles, CA 90017
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.
26
EXHIBIT "0"
FEES FOR SECURITY SERVICES
FY 06/07 DECEMBER 1, 2006
- JUNE 30 2007
$2 000
FY 07/08 JULY 1, 2007 -
JUNE 30, 2008
Approximate BIlling Hours Per Week To Correspond with 224
Schedule Below
FOR 224 HOURS PER WEEK (HPW)
FROM 7 AM TO 10:30 PM DAilY, 7 DAYS A WEEK""
Shift SUN MON TUES 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
Em 10 ee
8 Headcount
40 HPW Per
Em 10 ee
27
INDEMNIFICA TlON AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
Agreement! License/ Permit No. or description:
SECURITYSERWCESAGREEMENT
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 L YNWOOD, 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.
28
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.
By:
Randall K. Ely, Vice President
29
DATE:
TO:
FROM:
APPROVED BY:
PREPARED BY:
AGENDA STAFF REPORT
November 7, 2006
Honorable Mayor & City Council M7,?f?m
N. Enrique Martinez, City Manag~/,e#I.
Marianna A. Marysheva, Assistant City Manager -- Finance
Tara L. Taguchi, Lynwood City Attomey'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 L YNWOOD
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 al P AGENDA
value to the City, Staff has determined that some additions, revisions and c1arificatio s ITEM
to the C;ty', ";";0, p","''';o, o",;oaore :'e o~ "",';"', ;}-(J-
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.
Summarv 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).
2
. 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 (~6-3.1 0)
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
anyone-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.
3
. 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)
4
ATTACHMENT A
1. Surveys of Cities Reaardina Purchasina 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 Deoartment Director
$1,000; all purchases $1,000 and above require a Purchase Order with 3
Bell Gardens bids.
All purchases require a purchase order with three bids with appropriate
Cerritos aoorovals.
Huntington Park $2,000; Anv purchases under $2,000 do not renuire a PO.
$1,000; all purchases $1,000 and above require a Purchase Order with 3
Lakewood 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
Purchasina Officers and/or their City Manaaers 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).
o 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.
o Twenty four (24) cities allow City Manager approval up to $25,000.
o Six (6) cities allow City Manager approval of up to $50,000.
Attachment A
1
2. Number of City of Lynwood Transactions and Ayeraae Dollar Value of
Transactions by Purchasina Ranae.
Purchases u to $1,000
Purchases between $1,001 - $29,999
Purchases of $30,000 and above
12,153 $
2,419 $
318 $
14,890
202.00
5,087.00
208,602.00
** 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 05/061.
Contracts Under $50,000
Contracts oyer $50,000
** Based on contracts entered FY 05/06.
the CITY contracts.
75
9
Previous total provides were based on all
Attachment A
2
r TRPA Purchase Limits/Authority Survev
Contract authority
Level (up range if
,~;'encv to amount) Bid requirement Award Authority different Approval Authority
I Danville 2,500 none DepartmentlsupelVisor
10,000 infonnal 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 lonnal 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 1,00P 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 o managers
5,000 informal (raising limit to 25,000) o Dept Head
100,000 formal o Purch. Agent
100,000 City Manager
100,000+ Council
India _ 1,000 none
25,000 informal
25,000+ formal
Arcadia 2,500 none Department
30,000 informal Admin. Services Director
30,000+ formal City Council
Dixon 500 none Department head/designee
10,000 informal Department head
10,000+ formal City Manaaer + 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+ Crrv Manaaer
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/Authoritv Survey
Contract authority
Level (up range if
Anen"" to amount) Bid requirement Award Authority different Approval Authority
Santa Clarita 1,000 none
2,000 informal
1 0,000 written informal 50,000 City manager
10,000+ formal 50,000+ Citv Council
San Clemente 5,000 none Department managers
-- 10,000 Department head
10,000+ City Manager
25,000+ Council (pub. 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 o direct o Managers
5,000 informal o Department Heads
25,900 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 CihtConcil
Consultant 5,000 voucher/PO Department
25,000 Informal Department
25,000+ formal City Administrator
Sunnyvale 1,000 Purchase card Employee o 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 Authorized personnel
16000+ written Informal Project Manager/Department Head
26,000 Informal Project Managar/Departmont Head
25,000+ formal Executive. If budgeted over $60,000
100000+ formal Govemlnn Board
Key to bid requirements
none no gUIdance/best expenence
direct dIrect purchase at vendor
Informal 2 to 3 telephone bIdS sometImes notes to document
wntten Informal telephone quote followed up by wntten proposal
_formal . f.onn~1 RFQfRFP Pr.oce~s
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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 ofLynwood 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 ofLynwood, 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 ofLynwood.
"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.
"ProfessionaVSpecial Services" shall mean services which reauire soecial oerformance
criteria: soecial or soecific eauioment: soecific exoerience. knowlede:e. traininl!. oersonal
iudgment. Quality of work or factors other than simolv obtainin2 the service at the lowest
cost to the City. Such services include. but are not limited to those provided bv i'ttorne)'~L/
architect~, engineer~, land surveyol], construction manager~, appraiser~, expert~,
accounting firm~, security firms. comouter consultants/oroe:rammers and/or other
soecialized consultanti", .ProfessionaVspe.cial services .do not inch1de services rendered
by City officers or employees. . uUuuuuu .
"Purchase" shall include the renting, leasing, purchasing, licensing, or a trade of
equipment or supplies.
"Purchasing Officer" shall mean the City Manager or hislher designee.
"Soecifications" shall mean a description of the ohvsical and/or functional
characteristics or the nature of the reauired ~!Oods and/or services.
2
{ Deleted: any work perfonned by an
Deleted: or those services such as
computer services, security services and
other services which require in addition
to the use of special or specific
equipment, special perfonnance criteria,
specific experience, training, personal
judgment, quality of work or facton other
than simply obtaining the service at the
lowest cost to the City
"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:
I. To prepare, distribute and maintain administrative regulations and
procedures consistent with the provisions ofthis 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,
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including, as required, chemical and physical tests of samples submitted with bids
and samples of deliveries to determine conformance with specifications set fottb 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 fmancial 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
.EstilllatesofR,equirements: Reauisitions. Purchase Orders and..
Contracts.
~All City Departments and Agencies must file detailed estimates oftheir
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.
k. ....... E"c"ptlls]iermi~.,d IIIlclerSlIbsecti()n6:3.7.b.1@'llll)'Ciiy.J)"l'artlll.,ntor... ........ ......
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.
~'u.. . Exceptasl'ermitted underSubsection6:3.7.b.li,f,), I'urchases of supl'lies,
equipment and routine services shall be made only by Jlurchase orclers isslledbyth.,..
Purchasing Officer. Such purchases may also be made with,:mch other contractual
document as the Purchasing Officer <ieterminesisnecessal)'.j()tiie~xt"IltJlossibi",..u .' ,.'
purchase orders andlor contracts must be entered into for the entire fiscal year's wottb of
purchases, or for the entire length of the approved contact.
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Deleted: Departments to Supply
Deleted: .
Deleted:
Deleted: <AI>Requisitions and
Purchase Orders.~
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1 Deleted: and any
Deleted: he or she
6-3.6 CooDerative Purchasinl!.
a. The Purchasinl! Officer shall have the authority to ioin with other Dublic agencies
to utilize coooerative ourchasini! plans or oroQ:rarns. such as the California Multinle
Award Schedule ("CMAS") or U.S. Communities. to Durchase sUDDlies. eouiDment or
routine services usi"!?: ourchase orders or contracts when such coooerative ourchasinll
Dlans or DrogramS are determined bv the Purchasing Officer to be in the City's best
interest. The Purchasing Officer mav buv directlv from a vendor at a Drice established bv
another Dublic agencv when the other agencv has made its Durchase in a comDetitive
manner which the Purchasing Officer has determined is in harmonv with the City's
purchasing orocedures.
b. The Durchasing authority limits set forth in Subsection 6-3.7 shall aDDlv to anv
such coooerative ourchases.
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 hislher 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:
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pepartment Director Purchase;, Up to Si,1.OOO.OO.
(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 -\,ornRetitive bidding procedllres shall berequired, provided the .
Department Director keeps a record of such purchases' and exercises'" u....
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 ~hallJ>e issuedJor all. transa"tions. regardless of
the amount ofthe Durchastl,. .uuuuuuuuuu uuuuuu
2.
Open Market Purchase: $1.000.01 to$,1Q,OOO,OO.u
(a) Purchases of supplies, equipment and routine services where the
dollar amount involved is $,!.OOO,Olto$,1Q,OOO.OOshallbernade by the
5
Deleted: 500.00
, Deleted:.
/, Deleted: 500.00
Formatted: Font: Italic
Deleted: 500.00
, Deleted: purchase requisition, purchase
order or
Deleted: Department Director
Purchases in amounts over $500.00 (but
less than SI.oo0.00) shall require a
purchase order; however, the approval of
the Purchasing Officer shall not be
required.
Inserted: Department Director
, Purchases in amounts over $500.00 (but
less than $1,000.00) shall require a
purchase order; however, the approval of
the Purchasing Officer shall not be
required.
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transaction demands a fonnal document
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Deleted: 500.0 I
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Deleted: 500.01
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Purchasing Officer. Ifin the Purchasing Officer's reasonable discretion
the amount, urgent need and/or timing of the purchase so warrants, the
purchase may be made,!!sin~the,opeI1MarketPurchasel'roc~dure """u,,'
detailed below without observing the formal competitive bidding
procedures prescribed in Subsection 6-3.7.b.3.
Deleted: in the
Deleted: open
Deleted: market
(1) Open market purchases shall, whenever possible, be based
on at least three (3) bids and shall be awarded to the lowest
responsible and responsive bidder.
(2) The Purchasing Officer or hislher designee shall solicit bids
by written request to prospective vendors, by telephone
and/or by public notice posted on a public bulletin board in
City Hall and on the City's Website.
(3) Bids given pursuant to this Subsection shall be submitted to
the Purchasing Officer in writing.
(4) If a bid is received, the Purchasing Officer shall keep a
record of all open market orders and bids for a period of
one (1) year after the submission of bids or the placing of
orders. This record, while so kept, shall be open for public
inspection.
~Except as otherwise aUth(jrized, in Su~section 6~3, 13, I'urcha
supplies, equipment and routine services in excess ofJ1liJ:tt.Thousan
($,1Q,OOO.OO), J)ollars shall be by fonnal coml'etitive bid in acc{)rdall
with the following provisions:
" Deleted: s
Deleted: 15
ses of Deleted:
d Deleted: Fifteen
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3. Formal Bid Purchase;.9ver$.1Q,OOO.OO"
Q) ,u,Publishednotice.,A,noticeinvitingbidsshallbepublished" ,/ { Deleted:,
at least fourteen (14) calendar days before the date ofthe 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, ifany, circulated within
the general area. Such other notice as the Purchasing Officer deems
appropriate may be made.
(22 uuNoticeinvitingbids'"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.
.. ( Deleted: b
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~Lul3id"SublUission 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"
(,g) u u u Bid opening]lrocedur~"u Bids shall beo]lened bYuCitystaff "" """ { Deleted: ,
in public at the time and place stated in the notice inviting bids. A written
,ecord 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)"""""" Bidder's list" The Purchasing" Offic~r "shalllUaintain 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.
<.1}""""""Bulletin~()ard"and\Vebsite."Thebidin\,itation shall be
posted on a public bulletin board in City Hall and shall also be posted on
the City's Website.
OJ"""""" Rejection of ~ids." In its discretion, the "City COuncil may "
reject any "bids presented and may re-advertise for bids.
fQ\ Tie bids. If two (2) or more bids received are for the same
total am';;;inior uniiprice, quali~a;;dservice being equaI; the c"uncil"""""
may accept either bid.
<.v"""" "No" bids." Ifno 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.
QQ)"""" Performance bonds. "The"CityCouncilmay re'luire a"""""
performance bond in such amount as it shall fmd 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
(1)"""" Bid evaluation ]lrocedures." 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 Deoartment!)ircctorshallmakearecomlTIendation tot~e Purchasing.
Officer who shall in turn make.arecomlTIendationforawardorrejecii"nt"U
the City Council. UUU uu UUU"
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Deleted: Head
Deteted: prepare a recommendation to
the Department for award or rejection.
The Department Director shall then
prepare
c.w"" A,ward 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 soecified otherwise p_~_ ~ _~~_~~_-_~X:-~~~~_ ~~~~~ _~y_!"~~~!~~~~~_~r_
the Citv CounciL .,!!ll suchc{)ntracts, shall require the, signature of the"
Mayor, or in hislber absence, the Mayor Pro Tempore, pursuant to the
provisions of Gov. Code ~~ 40601 and 40602.
.d Thqmrchasing procedures describ~d in this, Subsection sh~ll not, ap!,ly to!,ublic,
worksprojects/contracis;professional/special services contracts. DUTchases made bv
homeowners utilizing HOME fund grants or to any employee or officer expenditures or
reimbursements involving travel, education. dues. membershios 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 Professioual/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, staffmg
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
8
1 Deleted: I
Formatted: Not Highlight
Deleted: A
,,{ Deleted: ,
service. The Purchasing Officer may be cantacted ta assist in the farmal request far
prapasal/qualificatian (RFP/Q) process.
d.
Cantracts far i'ifty Thausand(S>.lQ,OOO) Dallars or Less.
- -1 Deleted: Fifteen
------- U,"O, ----------------------<::~_ Deleted: IS
I. In nan-emergency situatians, the requesting Department shauld cantact a
minimum .of three (3) cansultantsifIrms.
2. Unless the City Cauncil autharized the entering inta .or the award .of a
specific cantract far professianal/special services, the Purchasing Officer shall
approve in writing the award .of all such cantracts, taking inta cansideratian the
recammendatian afthe Department Directar requesting the professianal/special
services at issue.
3. The Purchasing Officer .or his/her duly autharized designee is autharized
ta apprave prafessianal/special service cantracts with an estimated cast .of
~,OOO,OOarless."
{ Deleted: 15
e. Cantracts aver fifty ThauslUld (~,OOO) Dallars, In nan-enlergency situatians,
Departments shauld utilize the fallawing Sealed Request far Prapasal process:
",<:'1 Deleted: Fifto~
-- Deleted: 15
I. RFP/Q salicitatian process. A farmal Sealed Request far Prapasal
Qualificatian (herein "RFP/Q") dacument shauld be develaped far salicitatian .of
professianal services cantracts aver J:iJlx.,Thausand (~,OOO)Dollars.
uuuuuu<l ::::: ~;fto'n
2. Advertisement. The Department shauld advertise in apprapriate
publicatians and/ar use the Prafessianal Services Listings, as available, during the
solicitation process.
3. Faurteen (14) ta Twenty-ane (21) day natice. Natice inviting RFP/Q's
shauld be pasted at City Hall and an the City's Website at least faurteen (14)
calendar days befare the due date .of submissian .of the RFP/Q.
4. Natice cantents. The natice shall at least describe the general type .of
service needed, haw the RFP/Q minimum Scape afWark can be .obtained, the
requirement .of a written sealed propasal, state the clasing date, place, and time far
submissian .of the RFP/Q.
5. Salicitatian procedure. Sealed Request far Prapasals/Qualificatians
shauld be submitted directly ta the requesting Department. RFP/Q's need nat be
.opened publicly. Departments shall analyze propasals far campliance with
RFP/Q requirements, value .of the tatal scape .of services and make a
recammendatian ta City Cauncil far selectian, .or far fallaw up interviews .of
thase submitting prapasals.
9
6. Award. Contracts for professionaVspecial services in excess of.!::jj;hu
Thousand ($.1Q,009.00) Dollarsre'luire theapproyal oftheCil)' Council,.and
unless specified otherwise on a. cas~:hv:case basis ~X resoluti"ll of the City...
Council. fuesigllature oribe Mayor, orin hislher 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 Anthority to Execnte Specified Contracts.
~ 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 Durchase order or contract amount of
$30.000.00 in anv one fiscal vear period. The Citv Manager or his/her dulv authorized
Designee shall be authorized to sign on behalf of the City all contracts for L...
professional/special services which do not exceed a total contract,amounlofJ'iftxu
Thousand ($,2Q,OOO.OO) Dollars inanyone fiscal year period: u
b. Bv resolution. and on a case-bv-case basis. the City Council mav also direct the
Citv Manager to execute on behalf of the City specific purchase orders and/or contracts
for orocurine: suoolies. equioment and routine or Professional/Soecial services which
exceed the thresholds set forth in Subsection 6-3. J O.a of this Code.
6-3.1J
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.
~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
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Deleted: Fifteen
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j Deleted: ,
Deleted: and
Deleted: or purchase order
DeJeted: Fifteen
Deleted: IS
b. No City emolovee who participates in the selection or aoproval of a vendor.
consultant. product. source or soecification. or who has suoervisory responsibility for any
such emplovee. shall have any financial interest in the business entity which furnishes the
services. supolies. material or equioment 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 ofthe 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 membershiJ!, 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 collectio~u
5. When the Purchasing Officer utilizes coooerative purchasing methods
he/she has determined to be in the best interest of the City oursuant to
Subsection 6-3.6: or
6. Where the items to be purchased are required to match or be comoatible
with other furnishings. materials or equipment previouslv purchased bv
the City or where the furnishings. types of materials or equipment that
have been standardized for the Citv bv the Citv Council.
b. The exceptions listed above shall not applv to contracts for public proiects or
public works nroiects.
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.
I. Payment bv the City of utility services and related charges:
2. Acquisitions of real propertY bv lease or ourchase and related title and escrow"
fees:
3. Procurement of insurance and bonds:
II
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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"
4. Procurement of advertising or publishing of publicllegal notices in magazines. .'"
newsoaoers or other media:
5. Procurement of works of art in public places: .
6. Emolovee or officer expenditures or reimbursements involvine. traveL ~,
education. dues. membershios or oer diems:
7. Purchases made bv homeowners utilizing HOME fund grants,
Sect-fon - 3: -. - - - - If any' section: - subsc"ctlon,. subdivi"sion: - pai:agraph; .sentence-,. Citiuse .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 anyone 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.
Leticia Vasquez, Mayor
City of Lynwood
Attest:
Approved as to content:
Andrea L. Hooper, City Clerk
N. Enrique Martinez, City Manager
Approved as to form:
12
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"
Fonnatted: Numbered + Level: 1 +
Numbering Style: 1,2, 3, ... + Start
at: 2 + Alignment: Left + Aligned at:
OS + 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 not apply to
contracts for public works IJ"ojects.~
'\ Deleted: 2005
J. Arnalda Beltran, City Attorney
13
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
L YNWOOD REPEALING SUBSECTIONS 6-3.1 THROUGH 6-3.13 OF
THE L YNWOOD 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 L YNWOOD 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 ofLynwood are hereby repealed in their entirety.
I
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 ofthe 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 hislher designee.
"Specifications" shall mean a description of the physical and/or functional
characteristics or the nature ofthe 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,
3
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;
II. 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 oftheir
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.l(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.l(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.
4
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:
I. 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
5
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) Ifa 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 ofthe 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.
6
(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. Ifno 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 ofthe bond shall be described in the notice
inviting bids
(II) 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.
7
(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 SS 40601 and 40602.
d. The purchasing procedures described in this Subsection shall not apply to public
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 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 professional/special services is
decentralized and shall be the responsibility of the Department Director requesting the
8
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.
I. 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.
e. Contracts over Fifty Thousand ($50,000) Dollars. In non-emergency situations,
Departments should utilize the following Sealed Request for Proposal process:
I. 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.
9
6. Award. Contracts for professional/special services in excess of Fifty
Thousand ($50,000.00) Dollars require the approval ofthe 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 99 40601 and 40602.
f. Contracts for professionaVspecial 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 ofthe 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 anyone 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 anyone 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. lfthe 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 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 ohhis Section. However, other provisions of state law, this Code or
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
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 ofthe 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 anyone 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.
Leticia Vasquez, Mayor
City of Lynwood
Attest:
Approved as to content:
Andrea L. Hooper, City Clerk
N. Enrique Martinez, City Manager
Approved as to form:
12
J. Arnoldo Beltran, City Attorney
13
AGENDA STAFF REPORT
DATE:
TO:
FROM:
SUBJECT:
November 7, 2006
Honorable Mayor and Council Members
Andrea L. Hooper, City Cler~
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 Tem 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 active
youth commissioners. Openings for four:
AGENDA
IlEM
aEJ
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
Lvnwood 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
Paulette Bradley - Byrd
Arselia Villanueva - Pedroza
Open Johnson - Robert Robinson
Traffic
Irene Garcia - Vasquez
Pearline Calderon - Byrd
Alex Landeros - Johnson
Joaquin Mesinas - Santillan
Open Pedroza
Parks & Recreation
Bette Espeseth - Byrd
Julio Mendoza - Johnson
Lorene Reed - Vasquez
Daniel Salazar - Santillan
Open Pedroza
Public Safety
Frank Calderon - Vasquez
Dion Cornelious - Santillan
Lorna Hawkins - Byrd
Jim Morton - Johnson
Open Pedroza
Planninq
Lourdes Ramirez - Vasquez
Kenneth West - Santillan
Rita Patel - Byrd
Open Pedroza
Open Johnson
2 extra Vasquez - Bill Younger and Zelda Hutchinson
CDBG
Patricia Carr - Byrd
Sylvia Ortiz - Santillan
Martha Saldana - Vasquez
Open Pedroza
Open Johnson - Joe Battle
Community Affairs
Joyce Edner - Byrd
Adolph Lopez - Johnson
Margie Harper - Vasquez
Carlos Malapaz - Santillan
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
Gloria Garcia
Adolph Lopez
Sue Amicone
Byrd
Pedroza
Pedroza
resigned
7/27/06
7/26/06
8/17/06
Katherine Amey - no app.
Georgi McKenny - no app.
Esperanza Ramirez - resigned
Edner and Garcia consideration other commissions
Youth Commission
All appiicants want to be reappointed
Claudia Figueroa, Kimberly Jacinto, Aaron Lopez, Chery Pena, Candice Estrada, Richard Esparza, Kathleen Merza, Cynthia
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
Zeida 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, Pianning, 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
Jessica Tapia - Youth Commission
Lizzet Gamboa - Youth Commission
Kevin Sanchez - Youth Commission
Mireia Rowland - Youth Commission
Resianation Letters:
Manny Perez - Traffic and Parking
Gerardo Reyes - Public Safety
Sal Alatorre - Public Safety
Name Appointed by App. Received
Lvnwood Women's Commissions
Margaret Araujo Byrd 7/26/06
Sylvia Herron Pedroza 8/8/06 Della Maziolti - 3 absences is off per Ord.
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 Parkina
Irene Garcia Vasquez 7/25/06 No app. for Helen Anderson
John Beimer Pedroza 7/27/06 Manny Perez- resigned
Pearline Calderon Pedroza 7/25/06
Rod White requested
other commission
Parks and Recreation
Bette Espeseth Byrd 7/25/06 Guillermo Ramirez resigned
Lucy Hernandez Rodriguez 8/17/06
Oscar Fiores Pedroza 7/26/06
Juiio Mendoza Byrd 7/26/06
Charles Wood Rodriguez 7/20/06
Lorene Reed Vasquez 9/7/06
Pubiic Safetv Commission
Frank Caideron Vasquez 7/25/06 Dale Jones - 3 absences is off per Ord.
Dion Cornelious Santillan 7/31/06 Sal Alatorre - resigned
Zelda Hutchinson Byrd 7/31/06 Gerardo Reyes - resigned
Lorna Hawkins - no app. returned Mr. Cornelius and Ms. Hutchinson want to be
considered for other commissions
Plannina Commission
Lourdes Ramirez Vasquez 7/31/06
Carlos Manlapaz Santillan 8/1/06
Kenneth West Rodriguez 8/15/06
Victor Gomez Ped roza 8/8/06
Jim Morton Rodriguez 7/24/06
Rita Patel Byrd 8/14/06
Juan Enciso Ped roza 7/24/06
CDBG Advisorv
Joe Battle Byrd 7/24/06 Joanette Gutierrez wants another commission appt.
Aide Castro Pedroza 8/16/06 William Araujo wants another commission appt.
Patricia Carr Byrd 9/5/06
Sylvia Ortiz Santillan 9/5/06
Joanette Gutierrez Rodriguez 8/8/06
Martha Saldana Vasquez 9/6/06
AGENDA STAFF REPORT
Date:
November 7,2006
To:
From:
Honorable Mayor and Council Members
Andrea L. Hooper, City Cler~
Conflict of Interest Code
Subject:
Recommendation:
Staff recommends that the City Council adopt the Resolution entitled, "RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF L YNWOOD ADOPTING AN UPDATED
CONFLICT OF INTEREST CODE, WHICH INCORPORATED BY REFERENCE THE
STANDARD CONFLICT OF INTEREST CODE, PREPARED BY THE FAIR POLITICAL
PRACTICES COMMISSION".
Backaround:
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.
AGENDA
;if
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD 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 L YNWOOD 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:
APPROVED AS TO FORM:
Andrea L. Hooper, City Clerk
J. Arnoldo Beltran, City Attorney
DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
Recommendation:
AGENDA STAFF REPORT
November 7,2006
Honorable Mayor & City Council Me~wCJJ1
N. Enrique Martinez, City Manager /~# ;-
Autra C. Adams, Interim Dir of Recreation/Asst. to City Mgr{)i.A.
City Manager's Goals
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.
Coordinated With: All Departments
AGENDA
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