Cudahy City Council
September 6, 2022

EXECUTION VERSION
23 with the LACMTA Submittal) any applicable covenant, condition, requirement, term or provision of this Agreement; or
(b) LACMTA (or the relevant LACMTA Contractor (as applicable)) has not provided all content or information required with respect to the LACMTA Submittal. "Conflicting Facility" means an existing City Facility, which the Parties determine requires Rearrangement in order to construct, operate or maintain the WSAB Project. "Construction" means all construction activities related to the City Portion that are necessary to complete and operate and maintain the WSAB Project including the removal, demolition, replacement, restoration, alteration or realignment of existing facilities and the procurement, installation, inspection, and testing of new facilities including temporary and permanent materials, equipment, systems, software, and any components of such permanent materials, systems and software.
"Construction Phase" means the phase of the WSAB Project identified as such in EXHIBIT 2 (Project Phases and Project Schedule).
"Construction Staging Plan" has the meaning given in EXHIBIT 7 (Construction Requirements). "Cost" means all eligible direct and indirect costs actually incurred for activities or work performed or materials acquired in accordance with the provisions of this Agreement, less (in respect of the City) credits to LACMTA as provided in Article 7 (Reimbursement and Credits) where:
(a) eligible direct costs include allowable direct labor costs, materials costs, and storage and transportation costs of materials salvaged for the City's use in performing the applicable work; (b) eligible indirect costs shall be computed based upon the indirect cost rates approved annually for the City by its cognizant agency, and as noted on the Form 60, for allocation to federally funded or state funded contracts; and
(c) unless the Internal Revenue Service and the CPUC issue regulations or rulings to the contrary, the eligible direct and indirect costs shall not include taxes purportedly arising or resulting from LACMTA's payments to the City under this Agreement.
"CPUC" means the California Public Utilities Commission. "days" means, unless otherwise stated and whether or not capitalized, calendar days. "Design" means all activities related to the design, redesign, engineering or architecture of any Construction work.
"Design Development" means the phase of the Design process that occurs after Advanced Conceptual Engineering and that develops, on a progressive basis, a clear indication of the design solutions for the applicable requirements and the major features of the architectural and structural design and third party interfaces that are intended to form the basis for the Final Design. "Design Documentation" means all drawings (including plans, profiles, cross-sections, notes, elevations, typical sections, details and diagrams), specifications, reports, studies, working drawings, shop drawings, calculations, electronic files, records and submittals necessary for, or related to, the design of the Rearrangements.
"Design Phase" means the phase of the WSAB Project identified as such in EXHIBIT 2 (Project Phases and Project Schedule).
"Dispute" is defined in Article 9 (Resolution of Disputes).

EXECUTION VERSION
24 "Effective Date" means the date stated as such on the first page of this Agreement, which shall be the date when this Agreement has been fully executed on behalf of the City and LACMTA. "EIR/EIS" means the Environmental Impact Report/Environmental Impact Statement for the WSAB Project completed pursuant to the California Environmental Quality Act and National Environmental Policy Act. "Enabling Works" means those elements of the WSAB Project scope that LACMTA intends to procure under separate contract package(s) to the P3 Project Scope, as described in Part B of EXHIBIT 1 (Project Description).
"Engineer of Record" means the individual, firm or entity that performs the Design, that imprints the engineer's/architect's seal on the drawings, and is responsible and liable for the Final Design. "Expired Service Life Value" is defined in Section 7.2(a)(iii)(A) (Reimbursements and Credits to LACMTA). "Final Design" means the phase of the Design process which provides the detailed design for all temporary and permanent project facilities and addresses and resolves all Design review Compliance Comments and finalizes all engineering, architectural and systems designs necessary for Construction. It ends with an approved-for-construction plan status and with the Design being signed and sealed by the 'Engineer of Record'.
"Force Majeure Event" means the occurrence of any of the following events after the date of this Agreement that directly causes either Party (the "affected Party") to be unable to comply with all or a material part of its obligations under this Agreement:
(a) war, civil war, invasion, violent act of foreign enemy or armed conflict or any act of terrorism; (b) nuclear, chemical or biological contamination unless the source or cause of the contamination is brought to or near the Project Site by affected Party;
(c) ionizing radiation unless the source or cause of the ionizing radiation is brought to or near the Project Site by the affected Party;
(d) any fire, explosion, unusually adverse weather, flood or earthquakes; (e) any named windstorm and ensuing storm surges, including the direct action of wind originating from a named windstorm;
(f) any riot or civil commotion;
(g) any blockade or embargo;
(h) epidemic, pandemic or quarantine; or
(i) any official or unofficial strike, lockout, go-slow or other dispute, generally affecting the construction industry or a significant sector of it,
except, in each case, to the extent attributable to any breach of this Agreement or Applicable Law by, or any negligent act or negligent omission of, the affected Party. "Form 60" means Form 60 (Professional Services Cost/Price Summary) in the form attached as Part A of EXHIBIT 10 (Forms).
"Governmental Approval" means any approval, authorization, certification, consent, license, permit, registration or ruling, issued by any Governmental Entity required to carry out the Rearrangements, the City Portion or any other work to be performed under the provisions of this Agreement.

EXECUTION VERSION
25 "Governmental Entity" means any federal, state, or local government and any political subdivision or any governmental, quasi-governmental, judicial, public or statutory instrumentality, administrative agency, authority, body or entity (including the California Department of Transportation, CPUC and United States Army Corps of Engineers) other than LACMTA and the City. "LACMTA" is defined in the Preamble.
"LACMTA Contract" means any contract, subcontract or other form of agreement between LACMTA and a LACMTA Contractor or between a LACMTA Contractor and its lower tier subcontractor. "LACMTA Contractor" means any contractor, consultant, tradesperson, supplier, private developer, employee, member of staff, engineer, architect, agent, operator, or other person engaged or authorized by LACMTA to carry out works with respect to the City Portion, any Rearrangement or otherwise contemplated under the provisions of this Agreement and any other person with whom any LACMTA Contractor has further subcontracted part of such works.
"LACMTA Fiscal Year" means each one year period commencing on July 1 of a calendar year and terminating on June 30 of the following calendar year.
"LACMTA Representative" is defined in Section 2.1(b) (Governance). "LACMTA Retained Scope" means the WSAB Project scope elements for which LACMTA intends to retain responsibility, as described in Part B of EXHIBIT 1 (Project Description). "LACMTA Submittal Review Period" means, for each LACMTA Submittal, a period of 30 days from the date of delivery of the LACMTA Submittal to the City under the provisions of this Agreement or such other period as the Parties may agree under the applicable Work Order. "LACMTA Submittals" means:
(a) Design Documentation for a Rearrangement (other than any Design Documentation for which the City is responsible under a Work Order);
(b) Construction Management Plans for Construction work performed by LACMTA or a LACMTA Contractor within the City Rights-of-Way; and
(c) any other documents which LACMTA (or the LACMTA Contractors) must submit to the City in accordance with this Agreement.
"Neutral Arbitrator" is defined in Section 9.2(a) (Resolution of Disputes). "Non-conforming Work" means Design work or Construction work not in accordance with the requirements of this Agreement.
"Notice" means any communication under this Agreement including any notice, consent, approval, request, and demand.
"Operation and Maintenance Phase" means the phase of the WSAB Project identified as such in EXHIBIT 2 (Project Phases and Project Schedule).
"P3 Developer" means the LACMTA Contractor that is awarded the P3 Project Scope. "P3 Project Scope" means those elements of the WSAB Project scope that LACMTA intends to procure under a design, build, finance, operate and maintain agreement, as described in Part B of EXHIBIT 1 (Project Description).

EXECUTION VERSION
26 "Package" means each package of Design Documentation submitted by LACMTA or a LACMTA Contractor to the City in accordance with this Agreement.
"Parties" means collectively the City and LACMTA, and each a "Party". "Permit Notification" means a blanket Permitting Process and Waiver of Certain Permit Fees issued by the City.
"Planning and Procurement Phase" means the phase of the WSAB Project identified as such in EXHIBIT 2 (Project Phases and Project Schedule).
"Potential Notice of Betterment Form" means the form set out in Part B of EXHIBIT 10 (Forms). "Project Right-of-Way" means the permanent right-of-way for the WSAB Project, as identified in Part A of EXHIBIT 3 (Project Site), or as notified by LACMTA to the City and compliant with the Project's Final Environmental Impact Report or Statement and any supplemental environmental reports for the WSAB Project.
"Project Schedule" means the schedule for the WSAB Project including the City Portion set out in Part B of EXHIBIT 2 (Project Phases and Project Schedule).
"Project Site" means, collectively, the Project Right-of-Way and each temporary construction easement for the WSAB Project, as identified in Part A of EXHIBIT 3 (Project Site). "Rearrangement" means the work of:
(a) removal, replacement, restoration, alteration, reconstruction, support, or relocation of all or a portion of a Conflicting Facility, whether permanent or temporary, which LACMTA determines in its sole discretion is necessary in order for the WSAB Project to comply with Applicable Law or otherwise which LACMTA and the City mutually agree is necessary in order to construct, operate or maintain the WSAB Project; or
(b) the installation of new and required City Facilities which LACMTA determines in its sole discretion is necessary in order for the WSAB Project to comply with Applicable Law or otherwise which LACMTA and the City mutually agree is necessary as a result of the impact of the construction, operation or maintenance of the WSAB Project.
"Replacement Facility" means a facility, which may be constructed or provided under this Agreement as a consequence of the Rearrangement of a Conflicting Facility or a part of it. "Temporary Facilities" means a facility constructed for the purpose of ensuring continued service while a City Facility is taken out of full or partial service for permanent Rearrangement and/or any work on a City Facility, which will be removed or restored to its original condition after such Construction activities are completed.
"Term" is defined in Section 1.2 (Duration of Agreement). "Traffic Control and Lighting Work" has the meaning given in EXHIBIT 5 (Design Requirements). "Traffic Management Plan" means a plan that addresses traffic control requirements in construction areas through a worksite traffic control plan and along detour routes through a traffic circulation plan. "Work Order" means a work request submitted by LACMTA to the City authorizing the performance of any work associated with the WSAB Project and the associated purchase of required materials. "Working Group" means each working group established pursuant to Section 2.1(c) (Governance).

EXECUTION VERSION
27 "WSAB Project" means the design, construction, operation and maintenance of a light rail transit system known as the West Santa Ana Branch Transit Corridor, as more fully described in EXHIBIT 1 (Project Description).

11.2 Interpretation
(a) In this Agreement unless otherwise expressly stated:
(i) headings are for convenience only and do not affect interpretation; (ii) a reference to this Agreement or any other agreement, instrument, or document is to this Agreement or such other agreement, instrument, or document as amended or supplemented from time to time;
(iii) a reference to this Agreement or any other agreement includes all exhibits, schedules, forms, appendices, addenda, attachments, or other documents attached to or otherwise expressly incorporated in this Agreement or any such other agreement (as applicable); (iv) subject to Section 11.2(a)(v) (Interpretation), a reference to an Article, Section, subsection, clause, Exhibit, schedule, form or appendix is to the Article, Section, subsection, clause, Exhibit, schedule, form, or appendix in or attached to this Agreement; (v) a reference in the main body of this Agreement, or in an Exhibit, to an Article, Section, subsection, or clause is to the Article, Section, subsection, or clause of the main body of this Agreement, or of that Exhibit (as applicable);
(vi) a reference to a person includes such person's permitted successors and assigns; (vii) a reference to a singular word includes the plural and vice versa (as the context may require); (viii) the words "including", "includes" and "include" mean "including, without limitation", "includes, without limitation" and "include, without limitation", respectively and the word "or" is not exclusive;
(ix) an obligation to do something "promptly" means an obligation to do so as soon as the circumstances permit, avoiding any delay and "shall" when stated is to be considered mandatory; and
(x) in the computation of periods of time from a specified date to a later specified date, the word "from" means "from and including" and the words "to" and "until" mean "to and including". (b) This Agreement is not to be interpreted or construed against the interests of a Party merely because that Party proposed this Agreement or some provision of it, or because that Party relies on a provision of this Agreement to protect itself.

EXECUTION VERSION
28 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the Effective Date.

APPROVED AS TO FORM

DAWYN R HARRISON,
ACTING County Counsel
By:_________________________
Teddy Low
Senior Deputy County Counsel
"LACMTA"

THE LOS ANGELES COUNTY METROPOLITAN
TRANSPORTATION AUTHORITY, a California county
transportation authority existing under the Authority of §§ 130050.2 et seq. of the California Public Utilities
Code
By: ____________________________
Name: ____________________________
Its: _______________________________

APPROVED AS TO FORM
_________________________,
City Attorney
By:_________________________
Name: _________________________
City Attorney
ATTEST
By:_______________________
Name: _________________________
City Clerk
"CITY"

THE CITY OF CUDAHY,
a California municipal corporation
By: _____________________________
Name: _________________________
Its: City Manager (or designee)

EXECUTION VERSION
29 EXHIBIT 1 – PROJECT DESCRIPTION
Part A: WSAB Project
The WSAB Project is a new 19-mile light rail transit (LRT) line that will connect southeast LA County to downtown Los Angeles, serving the cities and communities of Artesia, Cerritos, Bellflower, Paramount, Downey, South Gate, Cudahy, Bell, Huntington Park, Vernon, unincorporated Florence-Graham community of LA County and downtown Los Angeles.

The project area is home to 1.2 million residents and is a job center to approximately 584,000 employees. Projections show the resident population increasing to 1.5 million and jobs increasing to 670,000 by 2040. Population and employment densities are five times higher than the LA County average. This rail corridor is anticipated to serve commuters in a high travel demand corridor by providing relief to the limited transportation systems currently available to these communities. In addition, the project is expected to provide a direct connection to the Metro Green Line, Metro Blue Line and the LA County regional transit network. The WSAB Project involves a shared corridor of approximately 10 miles of freight-owned ROW that runs along the Wilmington and La Habra Branches (owned by Union Pacific Railroad, UPRR) and the San Pedro Subdivision (owned by the Ports of LA and Long Beach).

The main goals of the WSAB Project are to:

1. Provide mobility improvements

2. Support local and regional land use plans and policies

3. Minimize environmental impacts

4. Ensure cost effectiveness and financial feasibility

5. Promote equity
Part B: Anticipated Contractual Packages
As at the date of this Agreement, the Enabling Works, P3 Project Scope and LACMTA Retained Scope are anticipated to comprise of the following scope elements:

Enabling Works LACMTA Retained Scope P3 Project Scope
 Advanced utility relocation
 Freight relocation
 Grade crossings
- Civil and Striping
- Drainage
- Utilities
- Traffic Control
- Signal (Freight
Preemption only)
 Right-of-way acquisition
 Supply and installation of fare
collection equipment and all fare
collection activities
 Security and enforcement
activities, with limited exceptions
(such as at maintenance storage
facilities)
 Art installation
 Bike hubs and/or lockers
 Environmental site assessment
including identification of
potential or existing
contamination or hazardous
materials through soil borings
 Design and construction of the
WSAB Project (including all
stations, vehicles, light rail
track, systems and
maintenance storage
facilities), other than those
scope elements that are
defined as part of the Enabling
Works or that are LACMTA
Retained Scope
 The operation of all train
services and performance of
all other operating functions for
the WSAB Project during the
term of the LACMTA Contract
with the P3 Developer, other
than those scope elements
that are LACMTA Retained

EXECUTION VERSION
30 and review of publicly available
information
 Geotechnical investigations
 Remediation of hazardous
materials (if any)
Scope
 All asset management and
maintenance activities for the
WSAB Project during the term
of the LACMTA Contract with
the P3 Developer, other than
those scope elements that are
LACMTA Retained Scope

EXECUTION VERSION
31 EXHIBIT 2 – PROJECT PHASES AND PROJECT SCHEDULE
Part A: Phases
As at the date of this Agreement, the phasing and time periods for the early phasing is anticipated to be as set out in this Part A. The phases described in this Part A may overlap and the time periods are subject to change.

PHASE KEY ACTIVITIES
Planning & Advanced
Conceptual
Engineering
Key activities include:
 Preparation of the draft EIR/EIS and the final EIR/EIS  Approval by LACMTA Board of the locally preferred alternative (LPA)  Preparation of Advanced Conceptual Engineering (15%) for the WSAB Project  Certification of the final EIR by the LACMTA Board
 FTA issuance of the Record of Decision
 Preparation of the Mitigation Monitoring and Reporting Plan (MMRP) Enabling Works:

Engineering &
Procurement
Key activities include:
 Engineering and Design Development for the Enabling Works by LACMTA and the LACMTA Contractors (including any Rearrangements included within that Enabling Works scope) through to Final Design
 Working with third parties to obtain third party approvals for the Enabling Works, including CPUC, United Pacific Railroad and Caltrans
 Procurement of LACMTA Contractor(s) to perform the Enabling Works Enabling Works:

Construction
Key activities include:
 Construction of Enabling Works (including any related Rearrangements) P3 Project Scope:

Procurement
Key activities include:
 Definition of the scope, specifications and requirements for the P3 Project Scope  Procurement of the P3 Developer to perform the P3 Project Scope (a two-stage procurement process including a request for qualifications and a request for proposal phase is anticipated)
P3 Project Scope:

Design Build
Key activities include:
 Design Development for the P3 Project Scope by the selected P3 Developer through to Final Design
 Construction of the P3 Project Scope (including any related Rearrangements) by the P3 Developer
 Performance of any LACMTA Retained Responsibilities by LACMTA

EXECUTION VERSION
32 PHASE KEY ACTIVITIES
 Testing, trial running and certification of revenue service availability Operation and
Maintenance
Key activities include:
 Operation of passenger service on the WSAB Project by the P3 Developer  Maintenance of the WSAB Project by the P3 Developer
 Performance of any LACMTA Retained Responsibilities by LACMTA Part B: Project Schedule
As notified by LACMTA to the City or otherwise incorporated in an amendment of this Agreement.

EXECUTION VERSION
33 EXHIBIT 3 – PROJECT SITE
Part A: WSAB Project Site
Part B: City Portion
The drawing depicting the City Portion will be as notified by LACMTA to the City or otherwise incorporated in an amendment of this Agreement.

EXECUTION VERSION
34 EXHIBIT 4 – ROLES AND RESPONSIBILITIES
Part A: LACMTA Representative and City Representative
The initial designations of the LACMTA Representative and City Representative are as follows:

LACMTA Representative LACMTA Program Management or such other person, or the holder of a specified office or position, specified, from time to time, by LACMTA’s Chief Executive
Officer, or his/her designee
City Representative City Manager or his/her designee
Part B: Summary of Key Roles and Responsibilities
Phase LACMTA City
LACMTA Retained P3 Developer
General Performing its retained
obligations and ensuring that
the LACMTA Contractors
(including the P3 Developer)
comply with the provisions of
this Agreement
During the term of its LACMTA
Contract with LACMTA,
performing LACMTA's
responsibilities under this
Agreement other than Cost
reimbursement and those
obligations specifically retained
by LACMTA and excluded from
the P3 Project Scope
Performing all of City's
obligations under this
Agreement and ensuring that
all City Contractors comply
with the provisions of this
Agreement
Planning and
Advanced
Conceptual
Engineering
Managing the planning process
and preparing all
environmental documents
including the EIR/EIS
Preparing Advanced
Conceptual Engineering for the
WSAB Project
Not applicable Providing support and
assistance to LACMTA in
obtaining Governmental
Approvals and in dealing with
other third parties with
respect to the City Portion
Enabling
Works:

Engineering &
Procurement
Preparing and submitting the
Design for Enabling Works to
the City to the extent required
by this Agreement, up to and
including Final Design stage
Preparing the procurement
documents and managing the
procurement for the Enabling
Works
Not applicable Reviewing and approving
Designs submitted to it in
accordance with agreed
procedures
Performing any other
Design-related obligations
under any Work Orders
Providing assistance to
LACMTA in procuring any
right-of-way necessary for the
City Portion
Enabling
Works:

Monitoring progress and
performance of the LACMTA
Interfacing and coordinating
with the LACMTA Contractor(s)
Performing its
Construction-related

EXECUTION VERSION
35 Phase LACMTA City
LACMTA Retained P3 Developer
Construction Contractor(s) responsible for
Enabling Works
responsible for the Enabling
Works
obligations under any Work
Orders
Coordinating Adjacent Work,
City Construction Work and
City Maintenance Work
P3 Project
Scope:

Procurement
Preparing the procurement
documents and managing the
procurement for the P3 Project
Scope
Submitting its proposal in
accordance with the
procurement documents
To the extent requested by
LACMTA, reviewing the
scope, specifications and
requirements for any
Rearrangements included
within the P3 Project Scope
P3 Project
Scope: Design
Build
Reviewing Designs prepared
by the P3 Developer and
ensuring that such Designs are
submitted to the City to the
extent required by this
Agreement
Performing and/ or ensuring
that LACMTA Contractors
perform the LACMTA Retained
Scope
Monitoring progress and
performance of the P3
Developer's Construction work
Defining its design
management plan for the
design of the P3 Project Scope
Submitting Design Packages in
accordance with the provisions
of its LACMTA Contract with
LACMTA and its design
management plan, and
submitting such Designs to the
City to the extent required by
this Agreement, up to and
including Final Design stage
Performing the Construction
work required to be performed
under the P3 Project Scope in
accordance with the Final
Designs, approved plans, the
provisions of its LACMTA
Contract for the P3 Project
Scope and the provisions of this
Agreement
Reviewing and approving
Designs submitted to it in
accordance with agreed
procedures
Performing any other
Design-related obligations
under any Work Orders
Performing its
Construction-related
obligations under any Work
Orders
Coordinating Adjacent Work,
City Construction Work and
City Maintenance Work
Operation and
Maintenance
Performing or ensuring that
LACMTA Contractors perform,
the LACMTA Retained Scope
Monitoring performance of the
P3 Developer's operation and
maintenance work
Performing the operation and
maintenance work required to
be performed under the P3
Project Scope in accordance
with the approved plans, the
provisions of its LACMTA
Contract for the P3 Project
Scope and the provisions of this
Agreement (including any
amendment or supplement or
new agreement entered into
under Article 6 (Operation and
Maintenance))
Performing any operation and
maintenance work allocated
to the City under the
provisions of this Agreement
(including any amendment or
supplement or new
agreement entered into under
Article 6 (Operation and
Maintenance)) and
coordinating maintenance
work and Adjacent Work with
LACMTA and the P3
Developer
Part C: Issue Resolution Ladder

EXECUTION VERSION
36 The following City staff or its designees shall be responsible for coordinating among the applicable City departments and divisions as necessary to make the designated decision or approval.

City Team Partial List of Key Functions for Decision or Approval LACMTA Team City Manager,
Director of Public
Works, Designated
Project Manager or
Designated
Representative
Spearhead council approval of all work outside of normal working hours including any night work variances, holiday work restrictions, police & fire department requests, peak hours exemptions, and other requests with potential
short-term impacts to the community (i.e. revised detours, temporary full street closures, revised haul routes)
LACMTA Chief Program
Manager
Director of Public
Works, City
Engineer, or
Designated
Representative
Approve all final Construction plans and related documents as required by this Agreement.

Provide overall leadership in timely resolution of Design, Construction, plan review, and related administrative
matters.

CA Professional Engineer Registration
LACMTA Senior
Executive Officer over
Designated Project
Manager
City Public Works
Construction
Department Head or
Designated
Representative
Provide Construction support as specified in this Agreement Manage assigned resources and coordinate interactions
between the City and LACMTA and the LACMTA
Contractors as it relates to Construction support.

Provide independent quality assurance (IQA) functions
where LACMTA performs work within City Right-of-Way
such as street improvement, signal, lighting, and utility work.

LACMTA Designated
Project Manager level
(Executive Officer or
Deputy Executive
Officer) or Designated
Construction Manager
(Deputy Executive
Officer or Senior
Director)
City Public Works
Permit Division
Head or Designated
Representative
Oversee and coordinate all plan reviews as specified in this Agreement
Manage and coordinate interaction of the City with LACMTA and the LACMTA Contractors as it relates to Design review and comment resolution.

Provide the necessary coordination in planning,
engineering, technical, analytical and administrative support services with respect to design approval including fire/life safety, police/public security, access, transportation
engineering, civil and structural engineering, street lighting engineering, drainage, sanitation, landscaping, and related maintenance requirements.

Skilled in change management and expedited approvals.

LACMTA Designated
Project Engineer
(Deputy Executive
Officer or Senior Director
levels), consultant CM,
and LACMTA Third
Party Admin Dept
Project Lead (Civil)
City Traffic Engineer
or Designated
Representative
Approve all worksite traffic control plans and any final design documents pertaining to both permanent and temporary
traffic controls (signals, striping, WATCH lane closures, MUTCD restrictions, lighting, etc. )
LACMTA Designated
Project Engineer
(Deputy Executive
Officer or Senior Director
levels), consultant CM,
LACMTA Third Party
Admin Dept Project
Lead (Civil) and TE
consultants.

EXECUTION VERSION
37 EXHIBIT 5 – DESIGN REQUIREMENTS

1. GENERAL DESIGN CRITERIA
Any Design work for any Rearrangements shall be performed in accordance with:
(a) the Design requirements set out in this EXHIBIT 5 or otherwise under the provisions of this Agreement and the relevant Work Order (if applicable); and (b) all Governmental Approvals, Applicable Law and, subject to Section 3.5 (City Standards) of this Agreement, the City Standards.

2. CITY STANDARDS
The Parties agree that for the purposes of this Agreement, the "City Standards" will be those City design standards and ordinances notified by the City to LACMTA or otherwise incorporated in an amendment of this Agreement in accordance with Section 3.5 (City Standards) of the Agreement.

3. SPECIFIC DESIGN REQUIREMENTS FOR REARRANGEMENTS

3.1 Surface Openings. To the extent operationally and fiscally practical, LACMTA shall locate surface openings, if any to mitigate: (a) the effect on existing features of landscape and improvements; and (b) public disruption; in each case after taking account of health and safety concerns. Placement of gratings in sidewalks will be avoided to the extent reasonably practicable; however, all other openings, such as mechanical access openings, shall be regularly permitted in sidewalks, provided such openings are enclosed.

3.2 Landscaping. Trees and landscaped areas under ownership or daily control of the City shall be preserved whenever practical. Trees in the Project Site, which are not being removed by LACMTA, shall be adequately protected. Trees that must be removed due to Rearrangements shall be replaced by LACMTA, if the City elects and right-of-way is available. Replacement work shall be in accordance with applicable City Standards and shall be coordinated with the City. Landscaped areas removed due to Rearrangements shall be restored to the original condition to the extent practical as agreed to by the City and LACMTA.

3.3 Traffic Control Devices and Lighting Systems. If a Rearrangement requires the removal and reinstallation, or modification of existing or installation of new traffic control devices or lighting systems ("Traffic Control and Lighting Work"), then LACMTA must obtain the City's approval of LACMTA's Design for the Traffic Control and Lighting Work (which consent may not be unreasonably delayed or withheld).

3.4 Private Projections in Public Ways. If LACMTA determines that a private projection in, over or under any City Facilities or the City Rights-of-Way must be removed to accommodate the WSAB Project, LACMTA will issue a Work Order to the City and the City shall take all reasonable actions within its powers to require the elimination of such projections by the time specified in the Work Order. If the City is not empowered to effect the removal of such projections, or if LACMTA otherwise elects, LACMTA will make its own arrangements for removal of such projections. The City will cooperate with LACMTA to minimize the cost to eliminate, move, remove or otherwise terminate projections.

3.5 City Communications Facilities. The relocation of any conflicting underground City communications facilities shall be done by employing intercept-style manholes at both ends of every conflicting communications conduit segment in question, directly on the alignment of existing conduit segment(s), and beyond the area of the conflicting communications facilities.

EXECUTION VERSION
38 4. PREPARATION AND SUBMISSION OF DESIGN DOCUMENTATION For those Rearrangements where LACMTA is responsible for the Design work under the provisions of this Agreement, LACMTA will, and will ensure that the LACMTA Contractors will:
(a) prepare and submit all Design Documentation to the City:
(i) in Packages in accordance with the schedule under the applicable design management plan defined by LACMTA and/or the applicable LACMTA Contractor and notified to the City (as may be updated and notified to the City from time to time); and (ii) in a manner and at a rate which, having regard to the quantum of Design Documentation submitted, will give the City a reasonable opportunity to review the submitted Design Documentation;
(b) ensure that the Design Documentation submitted for the Final Design is of a level of detail which is sufficient to permit the City to determine whether the Design Documentation complies with this Agreement and the Construction work which will be performed in accordance with the Design Documentation will comply with this Agreement and highlights any material amendments made since any earlier submittal of that Design Documentation;
(c) invite the City to attend any pre-submittal workshops held where Design Documentation for a Rearrangement is to be presented; and
(d) if reasonably requested by the City, make available the appropriate design personnel to participate in design review meetings after submittal of any Design Documentation for a Rearrangement to explain the Design Documentation or a particular element of it and provide such information regarding the Design Documentation as the City may reasonably request.

EXECUTION VERSION
39 EXHIBIT 6 – LACMTA SUBMITTAL REVIEW PROCEDURE

1. GENERAL

1.1 The Parties agree that individuals undertaking Design review on behalf of the City under this Agreement shall, where reasonably possible, be consistent throughout the Design Phase. The City will ensure that any individual undertaking Design review on behalf of the City under this agreement has the appropriate qualifications, capability and experience to perform the review.

1.2 The procedures set out in this EXHIBIT 6 will govern all LACMTA Submittals to the City pursuant to this Agreement.

2. REVIEW PROCEDURE

2.1 The City shall notify LACMTA and the relevant LACMTA Contractor (if applicable) within 10 days of receipt of a LACMTA Submittal from LACMTA or a LACMTA Contractor if it considers (acting reasonably) that the LACMTA Submittal submitted is incomplete or deficient for the City's review purposes and requires re-submission, together with a detailed description of the information that it deems to be missing or deficient.

If no such Notice is delivered by the City within such ten-day period, the LACMTA Submittal shall be deemed complete and acceptable for review purposes.

2.2 The City shall (or must require that the relevant City Contractor) within the LACMTA Submittal Review Period:
(a) review the LACMTA Submittal; and
(b) notify LACMTA and the relevant LACMTA Contractor (if applicable) that it:
(i) approves the LACMTA Submittal; or
(ii) rejects the LACMTA Submittal with detailed reasons including all Compliance Comments.

2.3 All Compliance Comments shall be transmitted in the form of a comment matrix, through the LACMTA 'Quality Management Oversight' database or through another equivalent format (in each case, as notified and provided by LACMTA) and shall be accompanied by an annotated LACMTA Submittal (if applicable). Where a database is used for transmission of comments, LACMTA will provide the City (and the relevant City Contractors) with user accounts and training for this purpose.

2.4 If no comments are received within the LACMTA Submittal Review Period, the LACMTA Submittal shall be deemed complete and approved by the City.

2.5 The Parties acknowledge that the LACMTA Submittal review process set out in this EXHIBIT 6 is intended to facilitate the LACMTA Submittal review process and be consistent (with necessary changes) with the LACMTA Guidelines on Enhanced Partnered Coordination and shall supersede the submittal / shop drawing review schedules specified in any standards referenced in this Agreement.

3. GROUNDS FOR OBJECTION OR COMMENT

3.1 The City will only be entitled to reject a LACMTA Submittal under Article 2 (Review Procedure) of this EXHIBIT 6 if such LACMTA Submittal fails to comply with the requirements set out in this Agreement, as specified in the City's Compliance Comments.

3.2 If the City rejects a LACMTA Submittal in accordance with Article 2 (Review Procedure) of this EXHIBIT 6, LACMTA must (or must require that the relevant LACMTA Contractor):
(a) address the Compliance Comments and re-submit the LACMTA Submittal for review; or

EXECUTION VERSION
40 (b) notify the City that it does not agree with the grounds for rejection. If LACMTA does not agree with the grounds for rejection on the basis that such grounds would constitute a Betterment, Article 5 (Betterments) of this Agreement shall apply.

3.3 The City agrees that during the Final Design stage, it shall not raise any new issues, or make any comments, which are inconsistent with its comments on earlier submittals, or with any changes already agreed to by the City.

3.4 The City's approval of the Final Design for any Rearrangement will not be withheld if the submittal is consistent with the most recent earlier submittal for such Rearrangement, modified as appropriate to respond to the City's Compliance Comments on such earlier submittal (to the extent such comments were made in accordance with the provisions of this Agreement) and to reflect any subsequent changes agreed to by the City and LACMTA.

4. NO COMMENCEMENT OF CONSTRUCTION WORK
LACMTA and the City must not commence or permit the commencement of any Construction work that is the subject of, governed by or dependent upon a LACMTA Submittal until LACMTA (or a LACMTA Contractor) has submitted the relevant LACMTA Submittal to the City in accordance with this EXHIBIT 6 and:
(a) within seven days of receiving a Notice from LACMTA (or the relevant LACMTA Contractor (as applicable)) that the City failed to respond to a LACMTA Submittal within the relevant LACMTA Submittal Review Period, the City fails to respond to such LACMTA Submittal; or (b) the City has notified LACMTA (and the relevant LACMTA Contractor (as applicable)) that it approves such LACMTA Submittal.

EXECUTION VERSION
41 EXHIBIT 7 – CONSTRUCTION REQUIREMENTS

1. GENERAL REQUIREMENTS
(a) Any Construction work for any Rearrangements or the City Portion to be performed within the City Rights-of-Way shall be performed in accordance with:
(i) in the case of any Rearrangements, the approved Final Design (including any changes agreed under Section 3.6 (Changes to Design) of this Agreement; (ii) all Governmental Approvals, Applicable Law and, subject to Section 3.5 (City Standards) of this Agreement, the City Standards;
(iii) the schedule for such Construction work agreed under the relevant Work Order (if applicable) or otherwise under the Project Schedule; and
(iv) all other Construction requirements set out in this EXHIBIT 7 or otherwise under the provisions of this Agreement and any relevant Work Order (if applicable). (b) In conjunction with its contractors, LACMTA will be responsible for conducting public outreach to provide proper notifications to the affected communities prior to and during Construction complying with the approved final EIR/EIS documents.

2. EXTENDED WORKING HOURS
The Parties acknowledge that extended working hours (beyond the windows contemplated in the City's ordinances limiting work hours and including holiday or weekend working) may be necessary to facilitate Construction and operation of the City Portion. The Parties will agree such working hours following joint review of the schedule and activities to be carried out by LACMTA and the LACMTA Contractors. If a change is required to the agreed working hours, the Parties will negotiate in good faith to agree such change.

3. HAULAGE ROUTES
The Parties will agree haulage routes reasonably necessary to facilitate Construction and operation of the City Portion. If a change is required to an agreed haulage route, the Parties will negotiate in good faith to agree such change.

4. INTERRUPTIONS
(a) The Parties acknowledge that certain components of the work in the City Portion will require interruption of the City services. The Parties will agree a plan for any such interruptions and, subject to City approval of the plan, the City consents to scheduled interruption of services deemed necessary by LACMTA. LACMTA must provide the City prior Notice before the City services are interrupted.
(b) LACMTA will notify affected parties, including residents, businesses, Council office, and other elected officials in advance of scheduled interruptions and will cooperate with the City to minimize interruption of the City services and resulting disruptions, provided that notification may be delayed where LACMTA is required to interrupt services in the event of emergency. Where the City determines that Temporary Facilities are necessary and appropriate, LACMTA shall accommodate this request.

5. CONSTRUCTION STAGING PLANS

5.1 General Requirements

EXECUTION VERSION
42 (a) LACMTA or the LACMTA Contractors shall develop a construction staging plan ("Construction Staging Plan") for any Construction work to be performed within the City Rights-of-Way. (b) The City acknowledges that the Construction work to be performed by LACMTA or the LACMTA Contractors within the City Rights-of-Way is intended to be performed progressively under multiple contractual packages and the Construction Staging Plans described in this EXHIBIT 7 may, therefore, be prepared for each contractual package or for a portion of such Construction work. (c) A Construction Staging Plan shall provide, among other things, for:
(i) the handling of vehicular and pedestrian traffic on streets adjacent to the Construction with the Construction phasing showing street closures, detours, warning devices and other pertinent information specified on the plan (worksite traffic control plans); (ii) actions to maintain access to businesses adjacent to the Construction areas, as possible, and actions to ensure safe access and circulation for pedestrians and vehicular traffic as described in the worksite traffic control plans;
(iii) elements of public awareness as well as mechanisms to assist affected parties in complaint resolutions.
(d) The City understands that LACMTA requires flexibility in the execution of Construction phasing and traffic management planning during Construction, and agrees to impose only the minimum requirements for traffic management planning and Construction sequencing that are necessary in order to provide for public health and safety (including pedestrian and vehicular safety), and functionality (including public and business access and circulation).

5.2 Specific Requirements – Street Lighting Systems
LACMTA or the LACMTA Contractors shall develop street lighting Construction Staging Plans, which shall provide, among other things, for:
(a) the safety and security at night time of vehicular and pedestrian traffic on streets adjacent to Construction, with the street lighting Construction Staging Plans showing street closures, detours, lighting devices, circuit and power service connections, and other pertinent information; and (b) lighting levels to maintain safe access to businesses adjacent to the Construction areas, and to ensure safe circulation for pedestrian and vehicular traffic.

5.3 Specific Requirements – Traffic Management Plan
(a) LACMTA and the City may agree that a street, highway, bridge or the other City Rights-of-Way shall be temporarily or permanently closed for the necessity and convenience of the WSAB Project. If agreed to, a Traffic Management Plan must be developed and submitted by LACMTA or the LACMTA Contractors, which shall provide, among other things, for worksite traffic control plans, traffic circulation plans, and temporary traffic signal plans.
(b) WATCH Manual page references shall be acceptable as a form of traffic control plans and submittal. (c) The City’s traffic department staff involved in the review and approval process shall facilitate the City’s internal approvals regarding peak hour exemptions, holiday moratoriums, changes to existing parking restrictions in the work zone, night work, and noise variances.

5.4 Review and Implementation of Construction Staging Plans

EXECUTION VERSION
43 (a) LACMTA (or the relevant LACMTA Contractor (as applicable)) must submit each Construction Staging Plan to the City for review in accordance with EXHIBIT 6 (LACMTA Submittal Review Procedure).
(b) LACMTA (or the relevant LACMTA Contractor (as applicable)) may update a Construction Staging Plan after it has been approved by the City and must promptly submit each updated Construction Staging Plan to the City for review in accordance with EXHIBIT 6 (LACMTA Submittal Review Procedure).
(c) LACMTA must, and must ensure that the LACMTA Contractors, implement and comply with each Construction Staging Plan which has been submitted to the City and which has been either approved (or deemed approved) under EXHIBIT 6 (LACMTA Submittal Review Procedure).

6. WORK IN STREETS

6.1 General Requirements
(a) The Parties acknowledge that the City has the duties of supervising, maintaining and controlling streets, highways, and the other City Rights-of-Way. Accordingly, LACMTA shall give the City 10 days' advance written Notice where Construction work is to be performed in the City Rights-of-Way. (b) LACMTA and the LACMTA Contractors shall take all appropriate actions to ensure safe performance of the Construction work within the City Rights-of-Way. The City reserves the right to stop work if public health and safety is or will be comprised by such work. (c) If LACMTA or a LACMTA Contractor fails to perform any Construction work within the City Rights-of-Way in accordance with the Final Design and/or Construction Staging Plans approved (or deemed approved) by the City under this Agreement then upon written Notice of the non-compliance from the City, LACMTA must cure or must ensure that the LACMTA Contractor cures, the non-compliance.

6.2 Traffic Control and Lighting
LACMTA must provide the City prior Notice before conducting the Traffic Control and Lighting Work that will result in an interruption to service of traffic control devices or lighting systems and LACMTA shall cooperate with the City to minimize such interruption.

6.3 City Communication Facilities
Construction of replacement conduit segments, inner ducts, and manholes that bypass the conflicting conduit segments shall be done prior to relocation of the communications cables. In addition, relocation/installation work of communications cables that carry live production traffic shall be scheduled during a maintenance window, in order to minimize system downtime and minimize the City network traffic disruption.

7. TEMPORARY AND PERMANENT STREET CLOSURES
Upon notification of a proposed temporary or permanent street closure, the City, as requested by LACMTA, shall initiate the appropriate proceedings and shall establish the necessary conditions for the closures.

8. TEMPORARY FACILITIES

8.1 LACMTA Facilities
Temporary Facilities may be necessary to facilitate Construction of the WSAB Project (including Rearrangements). LACMTA or its designee may use, without cost, lands owned or controlled by the City for any Construction related purpose, including, but not limited to, the erection and use of Temporary Facilities thereon; provided that, the City shall first approve in writing the availability, location and duration of the

EXECUTION VERSION
44 Temporary Facilities, with the City’s approval not to be unreasonably withheld. Upon completion of the related Construction and LACMTA’s determination that the Temporary Facilities no longer are needed, LACMTA shall remove all Temporary Facilities and restore the area as nearly as practicable to its original condition unless LACMTA and the City agree to some other arrangement.

8.2 City Facilities
In the event that Temporary Facilities are necessary to effect a Rearrangement being constructed by the City, the City or its designee may use, without cost, lands owned or controlled by LACMTA for the purpose of using or erecting Temporary Facilities thereon; provided that, LACMTA shall first approve in writing the availability, location and duration of the Temporary Facilities. Upon completion of the Rearrangement in its permanent location, the City shall remove all Temporary Facilities and restore the area as nearly as practicable to its original condition unless the City and LACMTA agree to some other arrangement.

9. UNDERGROUND SERVICE ALERT
Prior to any commencement of underground work by either Party, an "Underground Service Alert" shall be notified in accordance with California law by such Party or its contractor.

10. ENVIRONMENTAL CONTROLS
All Construction work performed by the City or City Contractors pursuant to this Agreement shall comply with the environmental controls established by LACMTA in the LACMTA Contracts, including construction noise and vibration control, pollution controls, archaeological coordination and paleontological coordination.

11. SALVAGED MATERIALS
The Parties may agree to salvage certain materials belonging to the City during the course of Rearrangement.

If materials belonging to the City are to be reused, LACMTA’s contractor shall exercise reasonable care in removal and storage of such materials. Materials shall be inspected and stored until such time as the progress of work allows the reinstallation of such materials. Materials that are not to be reused in a Rearrangement, but which the City desires to reclaim, may be recovered by the City staff within an agreed time frame or shall be delivered by LACMTA to a location proximate to the salvage site and suitable to the City.

Subject to acceptance by LACMTA, if materials removed by LACMTA are not reused and are not desired by the City, such materials shall become the property of LACMTA.

12. AS-BUILT DRAWINGS

12.1 LACMTA and the City shall each maintain a set of "as-built" plans of Rearrangements performed by LACMTA and the City, respectively, during Construction. Red line mark-ups for temporary lighting systems, traffic signal systems, and other the City Facilities shall be submitted to the City and LACMTA within 15 days after completion of Construction. All Design changes shall be documented on RFI/RFC forms. Upon completion of the Rearrangement work, the Party that performed the work shall furnish the other Party with reproducible "as-built" drawings showing all Replacement Facilities installed by the performing Party, within 75 days after completion of such work for each set of plans.

12.2 LACMTA and the City agree to provide the other with electronic files and full size paper hard copies of those final contract documents that they have prepared, or caused to be prepared, to govern the Construction of a given Rearrangement by their respective contractor so that each Party may compile a complete set of contract documents. Each Party shall prepare or cause to be prepared the contract documents for which it is responsible.

EXECUTION VERSION
45 EXHIBIT 8 – INSPECTION AND ACCEPTANCE PROCEDURE

1. INSPECTION DURING CONSTRUCTION

1.1 Each Party shall give the other Party at least 10 days' Notice prior to commencing a Rearrangement for which it is responsible to enable such other Party to make arrangements for inspection of such work.

1.2 Any Construction of Rearrangements performed by LACMTA (directly or through the LACMTA Contractors) under this Agreement shall be subject to inspection and final acceptance by the City provided that any such inspection carried out by the City (directly or through a City Contractor) shall be solely for the purposes of assessing whether the Construction work conforms with, subject to Section 3.5 (City Standards) of this Agreement, the City Standards. Such inspection services shall be authorized by LACMTA under a Work Order issued in accordance with Section 2.3 (Work Orders) of this Agreement. If City inspection services are authorized under a Work Order, the City shall (or must require that the relevant City Contractor):
(a) provide inspectors at LACMTA's cost as needed to comply with the schedule for such inspections set out in the Work Order;
(b) cooperate and coordinate with the LACMTA Representative and the LACMTA Contractors to observe and inspect any Rearrangements or new City Facilities so that upon completion of Construction, the City will have a basis for acceptance of the work;
(c) ensure that all City inspectors submit copies of daily written inspection reports to LACMTA, each within 48 hours after such inspection; and
(d) remove and replace any inspector seven days after LACMTA's reasonable written request.

1.3 Any Construction work performed by the City or a City Contractor pursuant to a Work Order agreed under the provisions of this Agreement shall be subject to LACMTA inspection and final acceptance.

1.4 If, in carrying out an inspection, a Party identifies Non-conforming Work, the Party must provide the other Party with immediate Notice with detailed reasons (and in any event, no later than 48 hours from discovery).

The Party that performed the relevant work must rectify any Non-conforming Work.

1.5 The City shall not have any inspection rights with respect to any structures or physical elements that are owned and maintained by LACMTA, a LACMTA Contractor, or a tenant or licensee of LACMTA.

2. ACCEPTANCE PROCEDURE

2.1 Promptly following completion of any Rearrangement, the Party that performed the Construction shall notify the other Party that the Rearrangement is ready for final inspection.

2.2 The final inspection shall be carried out within 10 days of receipt of a Notice under Section 2.1 (Acceptance Procedure) and within five days of the completion of the final inspection, the inspecting Party shall notify the other Party of any Non-conforming Work. If no Notice is received, the relevant work will be deemed accepted by the inspecting Party.

2.3 The City shall accept all Rearrangements that are in conformance with the City Standards.

3. INDEPENDENT ENGINEER
The City acknowledges and agrees that LACMTA may delegate its inspection and acceptance rights under this EXHIBIT 8 to an independent engineer appointed under the provisions of any LACMTA Contract.

EXECUTION VERSION
46 EXHIBIT 9 – OPERATION AND MAINTENANCE PRINCIPLES

1. PRIMARY RESPONSIBILITIES

1.1 LACMTA (directly or through the LACMTA Contractors, including in particular the P3 Developer) will be responsible for the operation and maintenance of the WSAB Project including the City Portion (and including maintenance of any low impact development water and storm drain mitigation measures constructed outside of the City Rights-of-Way as part of the WSAB Project and on the Project Site or otherwise on a LACMTA-owned right of way).

1.2 The City (directly or through the City Contractors) will be responsible for:
(a) the maintenance of all City Facilities within the City Rights-of-Way including trees, gutters, sidewalks, ramps, streets, roadways, utilities, vaults, pull boxes, lights, signals, City loops, striping, signage, irrigation, bio swales and landscape;
(b) operation of the traffic signal system within the jurisdiction and control of the City; and (c) maintenance of all low impact development water and storm drain mitigation measures constructed within the City Rights-of-Way.

2. TRAFFIC SIGNALS
With respect to its responsibility for the operation of the traffic signal system within the jurisdiction and control of the City, the City shall work cooperatively with LACMTA to facilitate the safe and efficient operation of the City Portion. The City shall not modify the traffic signal model controller software on the City Portion without notification to and coordination with LACMTA.

3. MAINTENANCE OF THE CITY PORTION
LACMTA shall obtain appropriate permits from the City when performing maintenance work on or near the City streets and conform to all of the City's permitting requirements for the submittal, review, and approval of temporary traffic control plans, use of public rights-of-way, or any other activity requiring a permit or license in accordance with the City Use of Public Property Permit Process and Application and Requirements For Traffic Control Plans. All traffic control devices shall conform to accepted City practices and shall be installed and maintained in accordance to the California Manual on Uniform Traffic Control Devices. All City staff costs incurred for permitting such work shall be reimbursed by LACMTA through the Work Order process set forth in this Agreement.

4. UTILITY CONTRACTS
In the event the City enters into a contract with private utility companies such as Southern California Edison for the provision of electricity and/or the applicable water district for the provision of water supply in connection with the WSAB Project, LACMTA shall similarly procure separate license and cooperative agreements with such private utilities. Further, if the City owns and operates its own "power" department and the WSAB Project draws electricity from this source, then such agreements shall include a "power restoration" priority provision regarding outages resulting from emergencies whereby the WSAB Project and future operations shall be provided with the highest level priority consistent with other state-wide designated essential facilities.

EXECUTION VERSION
47 EXHIBIT 10 – FORMS
Part A: Form 60
Name of Offeror/Contractor/Utility Company (Name of
Preparer):

Scope of Work/Deliverable (provide expanded
description on Form 60 page 2)
Home office address
Division(s) and Locations where Work is to be performed LACMTA Solicitation/Proposal/Contract Number/Work Order/Change Notice and/or Change Order Reference
Number(s):

NOTE: For proper calculations of cost elements link additional sheets to this summary page.

1. Direct Labor Est.

Hours
Rate Per Hour Est. Cost TOTAL

2. 0.00 $0.00 $0.00

3. 0.00 $0.00 $0.00

4. 0.00 $0.00 $0.00

5. TOTAL DIRECT LABOR HOURS 0.00 TOTAL DIRECT LABOR $0.00

6. Labor Overhead (O/H) O/H Rate x Base Est. Cost

7. 0% $0.00

8. TOTAL LABOR OVERHEAD $0.00

9. Direct Material Est. Cost

10. a. Purchase Parts $0.00

11. b. Subcontracted items $0.00

12. c. Other $0.00

13. TOTAL DIRECT MATERIAL $0.00

14. Equipment Unit Cost Est. Cost

15. $0.00 $0.00

16. $0.00 $0.00

17. TOTAL EQUIPMENT $0.00

18. Subcontractors* Est. Cost

19. $0.00

20. $0.00

21. $0.00

22. TOTAL SUBCONTRACTORS $0.00

23. TOTAL BURDENED COST (add lines 5, 8, 13, 17 and 22) $0.00

24. Other Direct Costs Est. Cost

25. $0.00

26. $0.00

27. $0.00

28. TOTAL OTHER DIRECT COSTS $0.00

29. Travel Est. Cost

30. a. Transportation $0.00

31. b. Per Diem or Subsistence $0.00

32. TOTAL TRAVEL $0.00

33. General and Administrative
Expense
Rate % % x Line 23

34. 0% $0.00

35. TOTAL GENERAL AND ADMINISTRATIVE EXPENSE $0.00

36. TOTAL ESTIMATED COSTS (Total Lines 23, 28, 32 and 35) $0.00

37. Profit/Fee Total Labor and
Overhead
(line 5 + line 8)
Rate % % x Total Labor and Overhead

EXECUTION VERSION
48 38. ` 0% $0.00

39. TOTAL FEE $0.00

40. TOTAL ESTIMATED PRICE (Total of Lines 36 and 39) $0.00

41. Milestone
/Task
Number
Milestones/Tasks Hours Completion
Date
Payment Amount

42. $0.00

43. $0.00

44. $0.00

45. TOTAL MILESTONES/TASKS (Must equal line 40) $0.00
* Attach Form 60 for all proposed subcontractors performing work under Form 60 Prime Contractor where applicable. Transfer Est. Cost to this Section.

46. Fill in applicable sections only

47. Has any Agency of the United States Government, State government, local public agency or the Los Angeles County Metropolitan Transportation Authority (LACMTA) performed any review of your account or records, overhead rates and general and administrative rates in connection with any public prime contract or subcontract within the past twelve months? Yes No If yes, when? Reference Contract No.

48.a. Agency Name/Address 48.b. Individual to contact/Telephone Number

49. As required by LACMTA, firms not audited, as described above, shall submit financial data and calculations in sufficient detail to support all proposed direct costs and subcontractor costs.

50. The proposal reflects our estimates and/or actual costs as of the date and by submitting this proposal, Proposer/Consultant grants to LACMTA Contracting Officer and authorized representative(s) the right to examine, at any time before award, those records, which include books, documents, accounting procedures and practices, and other supporting data, regardless of type and form or whether such supporting information is specifically referenced or included in the proposal as the basis for pricing, that will permit an adequate evaluation of such cost or pricing data, along with the computations and projections used therein, for the purpose of verifying the cost or pricing data submitted. This right may also be exercised in connection with any negotiations/discussions prior to contract award or execution of contract modification.

51. CERTIFICATE
The labor rates and overhead costs are current and other estimated costs have been determined by generally accepted accounting principles. Proposer/Consultant represents: (a) that it has , has not , employed or retained any company or person (other than a full time bona fide employee working solely for the Proposer/Consultant) to solicit or secure a contract, and (b) that it has , has not , paid or agreed to pay to any company or person (other than a full time bona fide employee working solely for the Proposer/Consultant) any fee, commission, percentage or brokerage fee, contingent upon or resulting from the award of this contract, and agrees to information relating to (a) and (b) above, as requested by the Contracting Officer.

52. CERTIFICATE OF CURRENT COST OR PRICING DATA
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in Section 2.101 of the Federal Acquisition Regulations (FAR) and required under subsection 15.403-4) submitted, either actually or by specific identification in writing, to LACMTA's Contracting Officer or to LACMTA's Contracting Officer's representative in support of ______________________* are accurate, complete and current as of ________________________**. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the Proposer/Consultant/Contractor and LACMTA that are a part of the proposal.

53. This proposal as submitted represents our best estimates and/or actual costs as of this date.

54. Type Name and Title of Authorized Representative Signature Date***

55. * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving appropriate identifying number (e.g. Information For Bid No., Work Order No., Request for Proposal No., Change Order No., Modification No., etc.)

56. ** Insert the day, month and year when price negotiations were concluded and price agreement was reached.

57. *** Insert the day, month and year of signing (i.e., When price negotiations were concluded and mutual agreement was reached on contract price).

EXECUTION VERSION
49 Form 60 Attachments (Applicable if Box is checked)
Scope of Work Expanded Description for which Cost Estimate is based on:
1 2
3 4
Schedule in which Scope of Work is based on:
1 2
3 4
The Non-Disclosure Agreement (NDA) provisions (as set out in the NDA between City and LACMTA) are applicable to the following Form 60-specific items:
1 2
3 4
Track Allocation Request for Metro active rail right-of-way encroachment is anticipated per stated Scope of Work. The following information is provided in advance to facilitate final Metro TAR approval:
1 2
3 4
FORM 60 IS SIGNED AND EXECUTED WITH THE FOLLOWING ADDITIONAL ASSUMPTIONS:
1 CITY AS-BUILT RESEARCH BY CITY FOR METRO PROJECTS IN THE PLANNING PHASE SHALL BE

TREATED AS PART OF LABOR OVERHEAD PORTION OF COST

EXECUTION VERSION
50 Part B: LACMTA “Potential Notice of Betterment” Form The Word file of the latest version of this form is available upon request from LACMTA’s assigned Third Party Administration (TPA) Representative.

Alternatively, a written memorandum on City’s letterhead may be submitted to the TPA Representative with the following required information:

1. Scope: Describe in detail with reference to applicable sections of this Master Cooperative Agreement, City Standards, and Applicable Law including any relevant codes.

Note the following common reasons for denial:
(a) Scope is not per agreed City Standards or a legal requirement. (b) Scope added after establishment of the applicable Basis of Design. (c) Scope is not endorsed by LACMTA as a WSAB Project requirement. (d) Scope is not identified in the EIR or amendments.

2. Detailed Justification: Why does City believe the scope is not a Betterment? Cite specific prior cases, exceptions under Applicable Law including any relevant codes, project-specific reasons, etc.

3. Cost Estimate: Use Metro Form 60 to provide a detailed cost breakdown as proposed for the Betterment in question.

4. City’s Agreement: City agrees that scope is a Betterment and provides separate funding. The source of funds must be specified, City approved financial documents supporting validity and timing of funds must be provided, and a determination regarding whether City will commit to provide adequate front funding for cash-flow must be made.

5. Signatures: The form shall provide a signature block with 2 signatures from City Representatives agreeing to the information provided.

6. LACMTA Signatures: The form signature block area shall provide for LACMTA to countersign with 2 LACMTA Representative signatures with checkboxes indicating whether the Betterment proposal is denied or approved.

EXECUTION VERSION
51 EXHIBIT 11 – GOVERNMENTAL AND LENDER REQUIREMENTS

1. AUDIT AND INSPECTION
The City shall comply with all financial record keeping, reporting and such other requirements as may be imposed as a condition to or requirement of funding obtained by LACMTA from third parties (provided that LACMTA gives reasonable Notice of such requirements to the City). The City shall permit the authorized representatives of LACMTA, the U.S. Department of Transportation, the Comptroller General of the United States, any other government agency, and/or financial institution providing funding or oversight on the WSAB Project to inspect, audit and copy, during normal business hours and upon reasonable notice, all cost and other relevant records relating to performance by the City, its contractors and subcontractors under any Work Order issued to the City for the WSAB Project or Rearrangements of the City Facilities related thereto, from the date of this Agreement through and until not less than three years after the date of termination or expiration of this Agreement, except (a) in the event of litigation or settlement of claims arising from performance of this Agreement, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto, and (b) such later date as is required by the rules and regulations of any such government agency or financial institution (provided LACMTA gives reasonable Notice of such later date to the City). Examination of a document or record on one occasion shall not preclude further examination of such document or record on subsequent occasions. By providing any of its records for examination pursuant to this EXHIBIT 11, the City represents and warrants that such records are accurate and complete. The City further agrees to permit the Federal Transit Administration and its contractors access to sites of performance under this Agreement as reasonably may be required. The City shall insert into any contracts it enters into for the performance of work hereunder the above requirements and also a clause requiring the contractors (or consultants) to include the above requirements in any subcontracts or purchase orders. In the case of such contractors, consultants, subcontractors and suppliers, any records subject to the above requirements shall include, without limitation, any relevant records as to which a tax privilege might otherwise be asserted.

2. INTEREST OF MEMBERS OF CONGRESS
No members of or delegates to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom.

3. PROHIBITED INTERESTS
No member, officer or employee of LACMTA, or of a local public body, during his or her tenure or for one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. To LACMTA’s and the City’s knowledge, no board member, officer or employee of LACMTA has any interest, whether contractual, non-contractual, financial or otherwise in this transaction, or in the business of the City; and if any such interest comes to the knowledge of either Party at any time, a full and complete disclosure of all such information will be made in writing to the other Party, even if such interest would not be considered a conflict under Article 4 of Division 4 (commencing with Section 1090) or Division 4.5 (commencing with Section 3690) of the Government Code of the State of California.

4. EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, the Parties shall not discriminate against any employee or applicant for employment because of age, race, religion, color, sex, sexual orientation, national origin or disability. The Parties shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to their age, race, religion, color, sex, sexual orientation, national origin, or disability. Such action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

EXECUTION VERSION
52 5. DISADVANTAGED BUSINESS ENTERPRISE
In connection with the performance of this Agreement, the City will cooperate with LACMTA in meeting all applicable federal regulations with regard to the maximum utilization of disadvantaged business enterprises, and will use its best efforts to ensure that disadvantaged business enterprises shall have the maximum practicable opportunity to compete for subcontract work under this Agreement.

6. PRIOR APPROVAL
This Agreement and all amendments thereto are subject to U.S. Department of Transportation, Federal Transit Administration review and approval.

7. NON-DISCRIMINATION
Without limiting any other provision of this EXHIBIT 11, the City agrees to comply, and to cause all of its contractors who work on projects subject to this Agreement to comply, with all applicable non-discrimination laws, rules and regulations, whether imposed by federal, state or local authority.

8. BUY AMERICA
If the City performs any City Construction Work under a Work Order, the City must comply with 49 U.S.C. 5323(j) and 49 CFR Part 661 et seq., which provide that federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. If the City performs any City Construction Work under a Work Order, the City shall incorporate the Buy America conditions set forth in every contract or purchase order entered into with a City Contractor in respect of such City Construction Work and shall enforce such conditions.

Document comparison by Workshare 10.0 on 29 August 2022 04:46:46 Input:

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2 ID iManage://eus-cloud-ashurst.imanagework.co.uk/EUS/401571083/2 Description
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Alternative 1
Alternative 2
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Design Option
WSAB Build Alternatives
Appendix B
Acquisitions and Displacements
B-18
0 0.0175 0.035 N Miles
WSAB Transit Corridor Project
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Attachment C Page 140 of 199

OTIS ST

ELIZABETH ST

SANTA ANA ST

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Appendix B
Acquisitions and Displacements
B-19
0 0.03 0.06 N Miles
WSAB Transit Corridor Project
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Aerial
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Displacements
Potential Displacement
Permanent Aerial Easement
Fee Area
Permanent Surface Easement
Permanent Subsurface
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Construction Laydown
Temporary Construction
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Impacted Parcels
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ARDINE ST

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Appendix B
Acquisitions and Displacements
B-20
0 0.025 0.05 N Miles
WSAB Transit Corridor Project
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Displacements
Potential Displacement
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Permanent Surface Easement
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Proposed Station Parking
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BRANYON AVE

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Appendix B
Acquisitions and Displacements
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0 0.03 0.06 N Miles
WSAB Transit Corridor Project
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Displacements
Potential Displacement
Permanent Aerial Easement
Fee Area
Permanent Surface Easement
Permanent Subsurface
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Construction Laydown
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Impacted Parcels
Permanent Acquisitions
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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
09/06/2022 Page 1 of 2

STAFF REPORT
Date: September 6, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: City Manager’s Office
Subject: Approval of Master Agreement Between Los Angeles River Park and Open Space District and Cudahy to Receive an Allocation through its Technical Assistance Program

RECOMMENDATION
The City Council is requested to authorize the City Manager to execute a master agreement between the Los Angeles River Park and Open Space District and the City of Cudahy to receive an allocation of $285,000 through its Technical Assistance Program.

BACKGROUND

1. On July 14, 2022, the Regional Park and Open Space District (RPOSD) held a press conference to announce expansion of the Technical Assistance Program (TAP) and the allocation of specific funding to cities defined as High Need or Very High Need, as determined by the 2016 Los Angeles County Park Need Assessment.

2. On August 18, 2022, RPOSD announced that the City would be allocated $285,000 for technical assistance services due to the City being designated as a Very High Need City.

ANALYSIS
Due to the Regional Park and Open Space District (RPOSD) categorizing Cudahy as a “High Need or Very High Need” City via its 2016 Los Angeles County Park Need Assessment, RPOSD has allocated the City $285,000 for technical assistance services, provided by the Technical Assistance Program (TAP).

Item Number
16B

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
09/06/2022 Page 2 of 2

Per the TAP guidelines, the allocation can be used to meet the following objectives:
• To conduct a Land Inventory to determine acquisition potential for new parkland • To fund due diligence and pre-acquisition real estate negotiations related to land acquisition
• To conduct elements related to new park development for vacant land including community outreach and engagement, design, project, and construction management Moreover, eligible technical assistance projects includes to conduct planning and feasibility studies including land inventories for future land acquisition for new parks and open space, which would include the development of a Parks Master Plan. The City therefore plans to use this allocation to develop a Citywide Parks Master Plan.

A requirement to receive this funding is to execute the Technical Services Master Agreement (Attachment A.) Doing so would be the first step access qualified TAP consultants and moving forward with the development of a Parks Master Plan.

CONCLUSION
In order to receive the $285,000 allocation via the RPOSD’s TAP program, the City Council is requested to authorize the City Manager to execute a master agreement between the Los Angeles River Park and Open Space District and the City of Cudahy.

FINANCIAL IMPACT
Execution of this agreement allows the City to receive $285,000 allocated by RPOSD for parks and open spaces technical assistance services.

ATTACHMENTS
A. Draft Master Agreement for Technical Assistance Program

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016 GRA
Revised: 7/7/2022 HOA.103558285.1
Measure A Technical Assistance Program Master Agreement

PARTIES TO AGREEMENT
RPOSD: GRANTEE:

Los Angeles County
Regional Park and Open Space District
1000 South Fremont Avenue, Unit #40
Building A-9 East, Ground Floor
Alhambra, CA 91803

RECITALS
The Grantee (“Grantee”) and the Los Angeles County Regional Park and Open Space District (“RPOSD”) do hereby enter into this Agreement and under the terms and conditions of this Agreement. Grantee agrees to complete TAP Services as described in any future Notice(s) to Proceed (“NTP”) issued by RPOSD, acting through the Director of the County of Los Angeles Department of Parks and Recreation and pursuant to Measure A.

DEFINITIONS
Indirect/Overhead Costs – Indirect/Overhead costs are costs not usually identified specifically with the grant, contract, or activity, but are necessary for the general operation of the grantee/organization.

NTP (Notice to Proceed) – The formal notification issued by RPOSD that directs the Grantee to immediately, or as of the date contained in the notice to begin work on the Project.

NTP Budget - Budget submitted by Grantee which provides the cost of the TAP Services being provided.

NTP Completion Date – The date TAP Services will be completed according to the approved timeline submitted by the Qualified Vendor.

Qualified Vendor – Parkland development consultants and service providers included on RPOSD’s TAP Qualified Vendor list.

TAP Services – Technical Assistance Program services provided by a Qualified Vendor through a NTP process.

Attachment A Page 147 of 199

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016 GRA
Revised: 7/7/2022 HOA.103558285.1
Article 1: TAP Services
The Grantee shall provide all necessary and qualified personnel, equipment, material, and facilities to complete TAP Services as described in the NTP(s) and incorporated by reference herein.

TAP Services provided under this Agreement will be performed by Qualified Vendors through an NTP and the Grantee shall submit to RPOSD the names, description of work to be performed, contract amount, executed contract agreement and certificate of insurance of the Qualified Vendor that the Grantee contracts with.

Article 2: Term of Agreement
The term of this Agreement begins when it is fully executed (“Effective Date”). The term of the agreement shall remain in effect for five years from the effective date unless renewed, terminated or cancelled by either party as provided in Article 3: Option to Renew and Article 11:

Early Termination, Suspension, and Failure to Perform, below.

Article 3: Option to Renew
Provided that Grantee is not, and at no time has been, in default during the Term under any of the terms, conditions, and provisions of this Agreement, then Grantee shall have the option to renew this Agreement, for one five (5) year option period, provided that, in order to exercise this Option to Renew (Option), Grantee is required to give to RPOSD written notice thereof not less than three (3) months prior to the date of expiration of this Agreement.

Article 4: NTP Performance Period
The NTP performance period for each NTP shall be the period of time starting on the date of NTP execution and ending on the performance period end date as defined in the NTP. NTP costs must be incurred within the NTP Performance Period to be eligible for reimbursement.

Article 5: Counterparts and Electronic Signatures
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. The facsimile, email or electronic signature of the parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals.

RPOSD and Grantee hereby agree to regard electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on the Amendments and received via communications facilities (facsimile, email or electronic signature), as legally

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016 GRA
Revised: 7/7/2022 HOA.103558285.1
sufficient evidence that such legally binding signatures have been affixed to Amendments to this Agreement.

Article 6: Compensation
Grantee will not be entitled to any payment by RPOSD under this Agreement except pursuant to a validly executed NTP. Grant funds will be disbursed in accordance with the NTP Budget defined in the NTP(s), subject to the provisions of this Agreement. Grantee will use the grant funds solely for the purposes described in this Agreement, the resultant NTP and detailed in RPOSD’s approved electronic GMS application. Grantee may not combine or carryover funds remaining in one NTP to another. Grantee understands that grant funds are not a gift and agrees that RPOSD is granting funds for Grantee to complete the work outlined in the NTP.

Article 7: Overhead or Indirect Costs
Grantee’s overhead or indirect costs are not reimbursable.

Article 8: Expenditure of Funds and Allocation of Funds Between Budget Items The total grant amount of any future NTP(s) may not be increased. The Grantee shall expend funds consistent with the approved NTP Budget. Any revisions to the NTP Budget that attempts to shift funds from approved budget items into a different category, must be identified in a revised budget within RPOSD’s grants management system and approved in advance by RPOSD.

RPOSD may withhold payment for items which exceed the amount allocated in the NTP budget which have not received the approval required herein. Any RPOSD approved increase in the funding for any budgeted item shall result in a corresponding decrease in the funding for one or more other budgeted items.

Article 9: Project Costs and Reimbursements
RPOSD shall reimburse to the Grantee, in accordance with the approved NTP Budget, a total amount not to exceed the amount of the NTP, as follows:

RPOSD shall reimburse funds for eligible costs incurred to date, up to 90% of the grant amount, upon the Grantee’s satisfactory progress under the NTP and upon submission of an electronic claim form, which shall be submitted no more frequently than monthly. RPOSD shall disburse the final 10% held in retention, upon the Grantee’s satisfactory completion of the TAP Services, submission of required documentation and upon RPOSD’s acceptance of the project. Project costs must be incurred within the NTP Performance Period to be eligible for reimbursement.

The Grantee shall request reimbursements by submitting a claim to RPOSD through the GMS and complete all forms and requirements of the claim process. RPOSD will only reimburse for

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016 GRA
Revised: 7/7/2022 HOA.103558285.1
actual costs incurred. The form shall also indicate cumulative expenditures to date and expenditures during the reporting period.

An authorized representative of the Grantee shall sign the claim. Each claim form shall be accompanied by:

1. All receipts and any other source documents for direct expenditures and costs that the Grantee seeks reimbursement for;

2. Invoices from Qualified Vendor(s) that the Grantee engaged to complete any portion of the work funded under this Agreement and any invoices and any other source documents for costs incurred and expenditures by any such Qualified Vendor(s), unless RPOSD makes a specific exemption in writing; and

3. A supporting progress report summarizing the current status of the work and comparing it to the status required by the NTP (budget, timeline, tasks, etc.), including written substantiation of completion of the portion of the project for which the Grantee is requesting reimbursement, as requested by RPOSD.

RPOSD, in its sole discretion, may deny reimbursement requests that do not comply with the any requirements, including failure to submit a signed payment request or attaching supporting documents.

Article 10: Advancing of Funds
The Grantee may request an advance of grant funds for an amount equaling up to 20% of the grant amount. Grantees must setup a separate fund or account for RPOSD funds approved for advance payment. RPOSD funds must be deposited into an interest-bearing account insured by the FDIC. All interest earned belongs to RPOSD and must be returned to RPOSD prior to final payment. Please refer to the Grant Administration Manual for eligibility and qualification requirements to receive advances.

Grantee shall submit proof of expenditures using advanced funds. The grantee must use or return all advanced funds before requesting for reimbursement of additional expenses from the grant award. Only one request for advance funds, at the initiation of the grant, will be allowed per grant. In addition, Grantee shall return advanced funds paid to Grantee that RPOSD, in its sole discretion, deems ineligible.

Article 11: NTP Completion
The Grantee shall complete the TAP Services by the NTP Completion date provided in the GMS.

Upon completion of the NTP the Grantee shall provide RPOSD with evidence of completion by submitting:

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016 GRA
Revised: 7/7/2022 HOA.103558285.1

1. All Deliverables specified in the NTP, each in a format(s) approved by RPOSD (for example, paper, digital, photographic);

2. Electronic submission of final payment request; and

3. Letter of Completion.

Article 12: Early Termination, Suspension, and Failure to Perform If there are no pending incomplete NTP Projects, either party may terminate this Agreement for any reason by providing the other party with a minimum of thirty (30) days written notice.

If there are pending incomplete NTP Projects, RPOSD may terminate or suspend this Agreement for any reason by providing the Grantee with written notice. Upon receipt of such notice, Grantee shall immediately cause all work under the Agreement to stop and take all reasonable measures to prevent incurring further costs. RPOSD may reimburse eligible, reasonable and non-cancelable obligations incurred by the Grantee in the performance of this Agreement prior to the date of the notice to terminate or suspend, but only up to the undisbursed balance of grant funding authorized in this Agreement and only if Grantee is in compliance with all terms and conditions of this Agreement and any outstanding NTPs. Any notice suspending NTP’s under this Agreement shall remain in effect until written notice from RPOSD authorizes the NTP to resume.

If there are pending incomplete NTP Projects, Grantee may terminate this Agreement for any reason by providing RPOSD with a thirty (30) day notice in writing and repayment to RPOSD of all amounts disbursed by RPOSD for any pending and incomplete NTP(s) issued under this Agreement.

On or before the date of termination of the Agreement under this section, whether terminated by the Grantee or RPOSD, the Grantee shall provide RPOSD with all work, material, data, information, and written, graphic or other work produced, developed or acquired that was to be delivered under this Agreement (whether completed or partial), in appropriate, readily useable form.

Grantee expressly agrees to waive, release and relinquish the recovery of any consequential damages that may arise out of the termination or suspension of this Agreement under this section.

RPOSD is not responsible for any obligations of Grantee that may be impacted by termination of this Agreement, including contracts with Qualified Vendors.

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016 GRA
Revised: 7/7/2022 HOA.103558285.1
Article 13: Severability
If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable.

Article 14: Copyright and Work Products
Grantee may copyright protect original works developed under this Agreement. All such copyrighted works will be in the name of the Grantee. Grantee grants to RPOSD an irrevocable and royalty-free right and license to use, reproduce, prepare derivative works, distribute copies, and perform and display publicly any copyrighted material developed and/or delivered under this Grant.

Article 15: Liability Insurance
Prior to starting any Work, Grantee shall (a) secure and continuously carry insurance meeting the requirements set forth and acknowledged in RPOSD’s electronic GMS application for this grant, and (b) provide RPOSD with evidence of such insurance. Grantee agrees to promptly provide evidence of insurance required under this Section at any time during the term of the Agreement upon request by RPOSD or a third party engaged by RPOSD to manage and administer the insurance requirements under this Section. Grantee shall also require its subcontractors to adhere to these insurance requirements.

Article 16: Indemnification and Hold Harmless
Grantee shall indemnify, defend and hold harmless RPOSD, its officers, employees, and agents from and against any and all liability to any third party for or from loss, damage or injury to persons or property in any manner arising out of, or incident to, the performance of this Agreement or the planning, arranging, implementing, sponsoring or conducting of Projects or any other operation, maintenance or activity by the Grantee. Grantee agrees to defend and indemnify RPOSD, its officers, employees, and agents from all costs and expenses, including attorney’s fees, in any action or liability arising under this Agreement or the planning, arranging, implementing, sponsoring or conducting of Projects or any other operation, maintenance or activity by the Grantee.

RPOSD shall have no liability for any debts, liabilities, deficits or cost overruns of the Grantee.

Grantee and RPOSD agree that the liability of RPOSD hereunder shall be limited to the payment of the funds pursuant to the terms and conditions of this Agreement. Any contracts entered into, or other obligations or liabilities incurred by, the Grantee in connection with any Project or otherwise relating to this Agreement shall be the sole responsibility of the Grantee, and RPOSD shall have no obligation or liability whatsoever thereunder or with respect thereto.

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016 GRA
Revised: 7/7/2022 HOA.103558285.1
The obligations in this “Indemnification and Hold Harmless” section shall survive termination of this agreement.

Article 17: Amendments
As provided herein, no amendment (including without limitation, deletions) of any of the terms or conditions of the Agreement will be effective unless provided in writing signed by all parties.

It is the responsibility of the Grantee to ensure that any person who signs an amendment on its behalf is duly authorized to do so, and such signature shall be binding to RPOSD. No oral understanding or agreement not incorporated in this agreement shall be binding on any of the parties.

Article 18: Compliance with Laws
Grantee shall at all times comply with all applicable federal, state and local laws, statutes, rules, regulations and ordinances. This Agreement is governed by the laws of the State of California, and the parties agree that the enforcement of the Agreement, and the resolution of any disputes arising out of or related to the subject matter of the Agreement, shall be resolved by arbitration conducted by a private arbitration service under the laws of the State of California.

Article 19: Notices
All notices permitted or required to be given under this Agreement shall be in writing and shall be deemed given: (i) if entered and/or uploaded to RPOSD’s electronic GMS system; (ii) if delivered by courier, on receipt by the intended recipient or on the date of delivery (as confirmed by, if delivered by courier, the records of such courier); (iii) if mailed, on the date of delivery as shown by the return receipt; (iv) if by email, on the date officially recorded as delivered, according to return receipt or other record of delivery. Notices shall be addressed to the RPOSD Grants Officer assigned to this grant in the grants management system.

Article 20: Audits, Accounting, Records
Grantee agrees to maintain satisfactory financial accounts, documents and records for each NTP issued under this Agreement and to make them available to RPOSD for auditing at reasonable times. Grantee also agrees to retain such financial accounts, documents and records for a minimum of five (5) years following each NTP termination or completion.

Grantee and RPOSD agree that during regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this Agreement or matters related thereto.

Grantee agrees to maintain, and make available for RPOSD inspection, accurate records of all its costs, reimbursements and receipts with respect to its activities under this Agreement.

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016 GRA
Revised: 7/7/2022 HOA.103558285.1
Grantee agrees to use an accounting system that complies with generally accepted accounting principles.

At any time during the term of this Agreement or at any time within five years after the expiration or prior termination of this Agreement, authorized representatives of RPOSD may conduct an audit of Grantee for the purpose of verifying appropriateness and validity of expenditures that Grantee has submitted to RPOSD for reimbursement under the terms of this Agreement.

Grantee, within thirty (30) days of notification that an audit has resulted in the exception of expenditures, may dispute the audit findings in writing to RPOSD and provide RPOSD with records and/or documentation to support the expenditure claims. RPOSD shall review this documentation and make a final determination as to the validity of the expenditures.

If Grantee has received all grant monies prior to the audit, or if remaining grant monies are insufficient, and if said audit reveals expenditures that cannot be verified or that were paid in violation of the terms of this Agreement, the Measure or the Measure A Grants Administration Manual, Grantee shall pay RPOSD an amount equal to these expenditures within sixty (60) days after receiving written notification of the expenditures disallowed and the reason for the disallowance.

Article 21: Computer Software
The Grantee certifies that it has instituted and will employ systems and controls appropriate to ensure that, in the performance of this Agreement, RPOSD funds will not be used for the acquisition, operation or maintenance of computer software in violation of copyright laws.

Article 22: Nondiscrimination
During the performance of this Agreement, the Grantee shall not discriminate against any person on the basis of race, color, sex, sexual orientation, age, religious belief, national origin, marital status, physical or mental handicap, medical condition, or place of residence.

Article 23: Independent Capacity
The Grantee, and the agents and employees of the Grantee, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of RPOSD.

Article 24: Assignment
Grantee shall not assign, exchange, transfer, or delegate its rights or duties under this Agreement, whether in whole or in part, without the prior written consent of RPOSD, in its discretion.

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016 GRA
Revised: 7/7/2022 HOA.103558285.1
Article 25: Good Standing
Good Standing is when an agency or organization is in compliance with all requirements stated in the guidelines, policies, and procedures of RPOSD for both Proposition A and Measure A. Good Standing is required of Grantees to receive any grant funds and processing of claims from RPOSD.

Article 26: Timeliness
Time is of the essence in this agreement.

Article 27: Authorization Warranty
Grantee represents and warrants that the person executing this Agreement for Grantee is an authorized agent who has actual authority to bind Grantee to each and every term, and condition, and obligation of this Agreement and that all requirements of the Grantee have been fulfilled to provide such actual authority.

Article 28: Conflict of Interest
No RPOSD employee whose position with RPOSD enables such employee to influence the award of this Agreement or any subsequent NTP, and no spouse or economic dependent of such employee, shall be employed in any capacity by Grantee or have any other direct or indirect financial interest in this Agreement. No officer or employee of Grantee who may financially benefit from the performance of work hereunder shall in any way participate in RPOSD's approval, or ongoing evaluation, of such work, or in any way attempt to unlawfully influence RPOSD's approval or ongoing evaluation of such work.

Grantee shall comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. Grantee warrants that it is not now aware of any facts that create a conflict of interest. If Grantee hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to RPOSD. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this Article 27 shall be a material breach of this Agreement.

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016 GRA
Revised: 7/7/2022 HOA.103558285.1
Article 29: Validity
If any provision of this Agreement or the application thereof to any person or circumstance is held invalid, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby.

Article 30: Waiver
No waiver by RPOSD of any breach of any provision of this Agreement shall constitute a waiver of any other breach or of such provision. Failure of RPOSD to enforce at any time, or from time to time, any provision of this Agreement shall not be construed as a waiver thereof. The rights and remedies set forth in this Article shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016 GRA
Revised: 7/7/2022 HOA.103558285.1
IN WITNESS WHEREOF, Grantee and RPOSD have caused this Agreement to be executed by their duly authorized representatives as of the latter day, month and year written below.

GRANTEE:

By: ________________________________
Signature of Authorized Representative
Name: ______________________________

Title: _______________________________
Date: _______________________________

LOS ANGELES COUNTY
REGIONAL PARK AND OPEN SPACE DISTRICT:

By:________________________________
Director / Administrator
Date:______________________________
Agreement No.______________

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016 GRA
Revised: 7/7/2022 HOA.103558285.1
Date
Grantee Information
Dear

NOTICE TO PROCEED

REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD)
AGREEMENT NO. (ENTER NUMBER)
(ENTER NAME OF TAP SERVICES)
Your application for Technical Assistance Program funds for the above TAP Services has been approved subject to the terms and conditions of Agreement No. (Enter Number) dated (Enter Date). This Notice to Proceed (NTP) covers the work listed in the attached Bid from Consultant dated (Enter Date).

TAP services shall be completed by (Enter Date here) for a not-to-exceed fee of (Enter Amount), including related reimbursable expenses as specified. Any work exceeding these fees will require prior written authorization from RPOSD.

Please ensure that Agreement No. (Enter Number) appears on your invoices when billing RPOSD. If you have any questions regarding this NTP, please contact (Enter Contact) at (626) 588-XXXX or (Enter Email Address). Please coordinate with (Enter coordinate name) at (Enter Email Address) to initiate work on this NTP.

Sincerely,
Name of RPOSD Rep
Rep’s Title

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
09/06/2022 Page 1 of 2

STAFF REPORT
Date: September 6, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager
By: Richard Iglesias, City Clerk
Subject: Consideration to Approve an Augmentation to the Fiscal Year 2022-2023 City Budget and use of Committed Fund Balance in an Amount Not to Exceed $100,000 to provide Hub Cities Consortium Financial Support

RECOMMENDATION
The City Council is requested to:

1. Augment the Fiscal Year (FY) 2022-2023 budget in the amount not to exceed $100,000 utilizing Committed Fund Balance for Strategic Plan Program Implementation to provide Hub Cities Consortium financial support to relocate to another facility and continue providing workforce services to the City of Cudahy and the Southeast Los Angeles Cities; and

2. Adopt Resolution No. 22-54 to appropriate the funds not to exceed $100,000.

BACKGROUND
On August 8, 2022, Hub Cities Consortium mailed a letter to the City Manager requesting financial support.

ANALYSIS
Hub Cities Consortium is in partnership with Los Angeles County, Southeast Los Angeles Cities, Employment Development Department (EDD), Health Centers, Police Explores, and many other organizations.

Hub Cities Consortium has been serving the residents of Los Angeles County for over 30 years, focusing its efforts on the City of Cudahy, Bell Gardens, Huntington Park, Maywood, Lynwood, and South Gate by providing youth and adults the opportunity to gain work experience.

Item Number
16C

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
09/06/2022 Page 2 of 2

Partnering with Hub Cities Consortium has provided many youths with work experience in the City of Cudahy, preparing them for career or employment opportunities. The City has hired some individuals who were referred through their program.

Hub Cities Consortium plans to relocate to an upgraded, state-of-the-art facility in the City of South Gate within a couple of months, where it can provide more resources to the communities it serves. Due to a shortfall of $1.2 million, Hub Cities is asking for the City’s financial support to help cover part of the remaining cost.

FINANCIAL IMPACT
If approved, the proposed augmentation and appropriation would have a financial impact of $100,000 for FY 2022-23 and use Committed Fund Balance for Strategic Plan Program Implementation.

CONCLUSION
Upon Council’s approval, staff will proceed with adequate actions to deliver the financial support. If Council disapproves, then no action is necessary.

ATTACHMENTS
A. Resolution No. 22-54
B. Letter from Hub Cities Consortium
C. Resolution No. 87-30

RESOLUTION NO. 22-54

A RESOLUTION OF THE CITY OF CUDAHY CALIFORNIA,

APPROVING AN APPROPRIATION TO PROVIDE HUB

CITIES CONSORTIUM FINANCIAL SUPPORT FOR FISCAL
YEAR 2022-2023
WHEREAS, the City of Cudahy is one of the co-founders of the Hub Cities Consortium; and WHEREAS, Hub Cities Consortium is a Joint Powers Authority established in 1987; and WHEREAS, Hub Cities Consortium has been serving the residents of Los Angeles County for over 30 years, focusing its efforts among the Cities of Cudahy, Bell Gardens, Huntington Park, Maywood, Lynwood, and South Gate by providing youth and adults the opportunity to gain work experience; and
WHEREAS, On August 8, 2022, Hub Cities Consortium mailed a letter to the City Manager requesting financial support to relocate to an upgraded, state-of-the-art facility at 4370 Tweedy Avenue in the City of South Gate.

WHEREAS, on June 7, 2022, the City Council adopted Resolution No. 21-31, approving the Fiscal Year (FY) 2022-23 City Budget.

WHEREAS, the City wishes to augment the budget to support Hub Cities Consortium financially and use Committed Fund Balance for Strategic Plan Program Implementation.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cudahy, California, as follows:

SECTION 1. The City Council hereby approves augmenting the FY 2022-23 City Budget.

SECTION 2. The City Council hereby approves an appropriation in the amount Not to Exceed One Hundred Thousand Dollars ($100,000) and use Committed Fund Balance for Strategic Plan Program Implementation to help fund the Hub Cities Consortium relocation plan.

SECTION 3. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this 6th day of September 2022.

Elizabeth Alcantar
Mayor
ATTEST:

Richard Iglesias
City Clerk
Attachment A Page 161 of 199
Resolution No. 22-54

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 22-54 was passed and adopted by the City Council of the City of Cudahy at a regular meeting held on the 6th day of September 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________________________
Richard Iglesias
City Clerk

August 8, 2022
Alfonso Noyola, City Manager
City of Cudahy
5220 Santa Ana Street
Cudahy, CA 90201
Dear Alfonso Noyola,
Hub Cities Consortium is proud to work with the six city members of the Joint Powers Authority (JPA) to relocate its Southeast Los Angeles America’s Job Center (AJCC) to a new state of the art facility to be located at 4370 Tweedy Avenue in the City of South Gate. The County of Los Angeles, through the Department of Economic Opportunity (DEO) and the State of California Employment Development Department (EDD) are committed to a several million-dollar investment to relocate the AJCC facility.

Government contract requirements caused an issue with the negotiation of the lease as there are costs that cannot be funded with the WDACS funds earmarked for the project. The project was faced with additional delays from the pandemic and the skyrocketing costs of construction. Despite additional contributions from the city of South Gate, the County and EDD, the project faces a $1.2 million shortfall. The project will have to be phased to construct only a portion of the building interiors while we seek additional resources.

We are enclosing a packet for your review. It contains a description of the work we do along with a floor plan of the new facility. We are also including detailed budget information that illustrates our current shortfall and lastly, we have a participant success story from one of your residents to highlight the impact our center has made in your city.

We are requesting that the city of Cudahy consider providing Hub Cities a minimum of $200,000 in financial support. Without these necessary funds, it remains uncertain if Hub Cities Consortium can continue to provide these important workforce services to SELA.

Jose Martinez
Executive Director
Board of Directors:

Jose Luis Solache
Chairperson
Eddie De La Riva
Vice-Chairperson
Elizabeth Alcantar
Graciela Ortiz
Maria Pulido
Al Rios
Serving residents of:

Bell Gardens
Cudahy
Huntington Park
Lynwood
Maywood
South Gate
2677 Zoe Avenue, 2
nd Floor,
Huntington Park., CA 90255
Phone: (323) 586-4700
Fax: (323) 586-4701
TTY: (323)586-4707
www.hubcities.org
A proud partner of the America’s Job Center of California WDACS and the Los Angeles County Americas’ Job Centers of California are equal opportunities employers/programs. Auxiliary aids and services are available upon request to individuals with disabilities.

Attachment B

HUB CITIES CONSORTIUM
Mission
Hub Cities Consortium (HCC), is a joint powers agency, which was founded in 1987 by cities in Southeast Los Angeles (SELA) County to establish an organization that would be uniquely committed to providing workforce development and related services within the economically challenged communities of the region. HCC began operating County-funded programs under the Job Training Partnership Act (JTPA) in 1988 and now the Workforce Innovation Opportunity Act (WIOA). HCC currently serves as the operator of the Southeast Los Angeles America’s Job Center of California (AJCC) as well as the Slawson Affiliate AJCC in the city of Bell.

Vision: “Hub Cities Consortium (HCC) will advance the economic well-being of the region and develop a worldclass workforce by providing universal access to information and resources for job seekers, businesses, and the community at large; by serving as the access point to workforce systems; by empowering job seekers to achieve self-sufficiency; and by working with the business community to meet their current and future needs.” HCC delivers services to the residents of Bell Gardens, Cudahy, Huntington Park, Lynwood, Maywood, South Gate, Bell, Vernon and the unincorporated areas of Bandini Islands, Florence-Graham and Walnut Park as well as the surrounding communities. HCC is extremely proud of our strong history. We have provided high quality programs and services to job seekers and businesses within the Southeast Los Angeles (SELA) community where our skilled and experienced staff has been able to help job seekers access employment, education, training, and support services to succeed in the labor market and to match employers with the skilled workers they need to compete in the global economy.

Over the last 35 years, HCC has served over 1.5 million job seekers in the Southeast Los Angeles region ranging from degreed professionals, displaced workers due to lay-offs, to at-risk youth lacking the most fundamental work-related skills. By developing a comprehensive menu of workforce development services, we have been able to meet the needs of a variety of job seekers including but not limited to the following:
• New entrants to the workforce
• Low-Income
• Older workers (55 & older)
• Workers lacking basic skills
• Veterans
• Individuals with disabilities
• Justice involved/ex-offenders
• Incumbent Workers
• Foster youth in transition
• Homeless individuals
• At risk Youth (ages14-24)
• Public Assistance Recipients
• School Dropouts
• Displaced Workers
We have assisted thousands of local businesses as well as managed well over $175,000,000 in funding for the Southeast LA Communities. Notably, we supported the opening of the Azalea shopping center in the city of South Gate by assisting over 30 businesses and coordinating over 1200 new hires. We exceeded the local hire requirement set at 35% by ensuring that 85% of all new hires were local residents; 75% of which were residents from the city of South Gate.

New Facility in the City of South Gate

THE ADULT RESOURCE CENTER
This room will serve over 40,000 job seekers annually. It will house 23 computer stations with internet access, a phone bank with access to a TTY line and Unemployment
Insurance (UI) phones, a fax, printer and copier for use of the general public. It will also include a job search corner and information on local community resources. All
resources will be available in both English and Spanish.

We will also include one dedicated computer with
assistive technology. It will be staffed by representatives from both Hub Cities Consortium and EDD. All services
are available at no-cost to the community.

YOUTH RESOURCE CENTER
This room will serve over 3,000 youth in creation of
career paths and internships. It will feature 8 computer stations with internet access and a printer. It will include information on higher education such as college
brochures and access to local vocational training as well as financial aid services.

BUSINESS RESOURCE CENTER
This room will serve local small businesses with employer recruitments as well as assistance with all of their hiring needs. It will feature 4 computer stations with internet access, a copier and phone service. We will also have
resources available on employer incentive programs and
access to capital.

Relocation Summary Budget

SOUTH GATE HUB CITIES RELOCATION
As of August 1, 2022
Funding Sources
Landlord Tenant Improvement Allowance $425,000.00
County WDACS $500,000.00
City of South Gate Forgivable Loan $500,000.00
EDD $140,000.00
Hub Cities $150,000.00
TOTAL $1,715,000.00
Project Cost Breakdown Budget
Architecture: Space Planning $8,963.00
Architecture: BOMA Measurements $4,166.00
Architecture: CASP Report (County Requirement) $4,000.00 Architecture: Construction Drawing $102,700.00
Construction Hard Cost $1,391,000.00
Permit and Plan Check Fees (estimated) $3,861.00
Building Signage $35,000.00
Furnishings $350,000.00
Data, Phone, and Security Systems $238,000.00
Legal Fees $65,000.00
Project and Construction Management $135,986.00
Rent Due before Move-In $456,750.00
Contingency (5% excluding rent) $88,635.00
TOTAL $2,884,061.00
Project Gap $1,169,061.00

Rev82022
Hub Cities Consortium - (SELA - AJCC)
Tweedy (City of South Gate) - Relocation detail Budget
Landlord -
Tenant
Improvement
Allowance
County of LA -
WDACS
City of South
Gate Hub Cities Total Original Budget Projected Receivable Date Revenue
HopeValle Properties $425,000.00 $425,000.00 $425,000.00 October, 2022 County of LA - WDACS $500,000.00 $500,000.00 $500,000.00 February, 2023 City of South Gate $500,000.00 $500,000.00 $500,000.00 September, 2022 Hub Cities - General Fund $150,000.00 $150,000.00 $150,000.00 September, 2022 EDD $140,000.00 $140,000.00 October, 2022
Total Revenue $425,000.00 $500,000.00 $500,000.00 $290,000.00 $1,715,000.00 $1,575,000.00 - Expenses
Architecture - - - - - - -
Construction Drawings $119,829.00 - - - $119,829.00 -
Construction Hard Costs $1,391,000.00 - - - $1,391,000.00 $425,000.00 Permit and Plan Checks
Fees $3,861.00 - - - $3,861.00 -
Building Signage - $35,000.00 - - $35,000.00 -
Furnishing - $350,000.00 - - $350,000.00 $500,000.00
Data, Phone and Security
Systems - $238,000.00 - - $238,000.00 -
Legal Fees - - - $65,000.00 $65,000.00 $65,000.00
Project and Construction
Mgmt. - - - $135,986.00 $135,986.00 $135,986.00
Contingency
(5% excluding rent) $88,635.00 - - - $88,635.00 -
Rent Due before Moving in
Jan through Jul 2022
@$65,250
- - $456,750.00 - $456,750.00 $391,500.00
Total Expenses $1,603,325.00 $623,000.00 $456,750.00 $200,986.00 $2,884,061.00 $1,517,486.00 Total Budget (Shortfall) -$1,178,325.00 -$123,000.00 $43,250.00 $89,014.00 -$1,169,061.00 $57,514.00

SUCCESS STORY
Please see below participant success story from the city of Cudahy For the past year, Hub Cities staff has been working with a 17-year-old male, who resides in the city of Cudahy.

He is a current foster attending Bell High School. The youth and his younger brother are currently living with their older sister in a one-bedroom apartment. His sister is a single parent, that supports her own family, the youth, and his little brother. As a result, the family has a difficult time keeping up with household expenses. He also, was in danger of not passing most of his 11th grade high school classes.

The youth was referred to our office by one of our partners (LAUSD) to provide him with youth services information and provide some counseling on work opportunities and career paths. Hub Cities staff was able to meet with the youth and not only provided youth with work experience information, financial literacy, but boosted his self-esteem to the point that he successfully passed all his 11th grade classes; he was able to maintain a 3.0 GPA for the 2021-2022 school year. He has earned enough credits to begin his school year as a 12th grader and will be the first one of his family to graduate from high school. The youth participant expressed that Hub Cities staff has played a positive role in his life. Upon graduating high school, he is making plans to attend college.

RESOLUTION NO. 87-30

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF CUDAHY AUTHORIZING THE FILING OF

AN APPLICATION FOR JOINT PARTNERSHIP WITH
THE CITIES COMMONLY KNOWN AS "HUB CITIES"

AREA TO FORM A SERVICE DELIVERY AREA UNDER

THE FEDERAL JOB TRAINING PARTNERSHIP ACT
ADMINISTERED BY THE STATE OF CALIFORNIA.

WHEREAS, the Job Training Partnership Act (JTPA)
was enacted by Congress to establish a new employment and systems to replace the comprehensive employment and
Act (CETA) which was phased out September 30, 1983; and of 1982
Training
Training
WHEREAS, the JTPA provides that local areas
administer job training and employment services
Service Delivery area (SDA); and
desiring to
must form a
WHEREAS, an SDA consists of any unit of general government with a population of 200,000 or more or any consortium of contiguous uni ts of local government with a combined population of 200,000 or more serving a substantial portion of a labor market area; and
WHEREAS, the cities of Bell, Cudahy, Huntington Park,
Lynwood, Maywood South Gate and Vernon form a population base in excess of 200,000 and compose the "Hub Cities" Area; and WHEREAS, Cudahy is committed to providing training
opportunities for eligible residents and believes strongly in for�ing training partnerships with the private sector; and WHEREAS, the proposed SDA consortium will be self-supporting with all funds available to member cities with each city designating an executive board member for purposes of governance; and
WHEREAS, a joint powers consortium between the SDA members is anticipated and the SDA will represent the member cities.

NOW, THEREFORE, BE IT RESOLVED THAT THE Cudahy City Council hereby authorized the filing of an application with the City's of the "Hub Ci ties" Area to become a Service Deli very Area under the Federal Job Training Partnership Act.

PASSED, APPROVED AND ADOPTED day of
1987.

ATTEST: 0
R

CITY CLERK
Attachment C Page 171 of 199
Resolution No. 87-30

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:

CITY OF CUDAHY )
I, GERALD M. CATON, CITY CLERK OF THE CITY OF CUDAHY, DO HEREBY CERTIFY that the foregoing Resolution No. 87-30 was duly and regularly adopted by the City Council of the City of Cudahy at a meeting thereof held on the 20th day of July, 1987 by the following vote:

AYES:

NOES:

ABSENT:

Council Members Graffio, Zippi, Mayor pro tern Colon
and Mayor Robertson
None
Council Member Thurman

CITY CLERK

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
09/06/2022 Page 1 of 3

STAFF REPORT
Date: September 6, 2022
To: Honorable Mayor and City Council
From: Alfonso Noyola, City Manager
By: City Attorney’s Office
Subject: Consideration to Adopt a Proposed Ordinance of the City Council of the City of Cudahy Establishing a Prohibition on Residential Rent Increases

RECOMMENDATION
Staff recommends that the City Council take one of the following actions:

1. Discuss and consider adoption of proposed Ordinance No. 725 establishing a temporary prohibition on residential rent increases for 90 days with the ability to extend further and direct the Rent Control Ad Hoc Committee provide findings to the City Council within 90 days, December 5, 2022, of the impact of rent control in the City; or

2. Take no further action and receive and file this report.

BACKGROUND/DISCUSSION
Staff was requested to prepare an Ordinance temporarily freezing residential rent increases for City Council discussion. It is anticipated that during the prescribed 90-day moratorium period freezing residential rental rate increases in the City of Cudahy (“City”), the established Ad Hoc Rent Control subcommittee can study the relevant issues pertaining to housing and rent control and make recommendations to the City Council.

On July 5, 2022, the City Council considered this same Ordinance as an urgency Ordinance which necessitated a vote of four-fifths of the City Council. The Ordinance was unsuccessful and failed. Subsequently, staff was requested to prepare the same Ordinance as a non-urgency, which will make it effective 30 days after the City Council adoption of the Ordinance’s second reading. At this time, should the Ordinance be adopted by first reading during the meeting of September 6, 2022, the anticipated second reading would take place during the September 20, 2022 City Council Meeting.

Item Number
16D

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
09/06/2022 Page 2 of 3

Thus, the proposed 90-day moratorium period freezing residential rental rate increases in the City would commence October 20, 2022 and expire on January 18, 2023 unless extended. The City Council should consider the prospect of landlords raising rents for residential tenancies commencing October 1, 2022, in light of an anticipated moratorium.

The County of Los Angeles (“County”) currently has a COVID-19 Tenant Protections Resolution that remains in effect through December 31,2022. This resolution applies to all cities and unincorporated areas in the County. However, the rent increase freeze under the County resolution only applies to rent stabilized units and mobilehome spaces in unincorporated areas of the County.

Under State rent control law, landlords are permitted to increase rent by five (5) percent of the base rent plus the current CPI (Consumer Price Index), totaling no more than a 10 percent rate increase.

This Ordinance contains a petition process for landlords to undertake should they seek a residential rental rate increase during the 90-day moratorium period. A landlord may file a petition with the City’s Community Development Department if they contend that the moratorium will prevent them from receiving a fair and reasonable return with respect to the residential rental units they lease out. The tenant(s) shall be provided a copy of the petition and notice of the scheduled hearing before the City’s Hearing Officer. The tenant(s) and landlord can testify at the hearing, with a written decision subsequently issued. Parties can have the Hearing Officer’s written decision reviewed by the Superior Court.

If the temporary rent freeze is not imposed, vulnerable residents who are already rent burdened and struggling with high housing costs may be subjected to immediate rent increases at maximum allowable levels before the City Council could consider and adopt a comprehensive and permanent rent control Ordinance.

Should the City Council adopt this proposed Ordinance, it will become effective 30 days after adoption, on October 20, 2022, for a period of 90 days, expiring on January 18, 2023, unless extended by City Council action.

CONCLUSION
The proposed Ordinance temporarily prohibits residential rent increases for 90 days, as may be extended, to prevent exacerbating hardship and potential displacement for vulnerable households in the City that could result from rent increases imposed before possible enactment of a rent control Ordinance. During the period, both the ad hoc committee and staff will further

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
09/06/2022 Page 3 of 3

study and analyze possible rent control and tenant protection programs in other jurisdictions, rental market analysis, program administration, staffing and costs, and prepare a draft rent control Ordinance for future consideration by the full City Council.

FINANCIAL IMPACT
Not applicable.

ATTACHMENTS
A. Ordinance No. 725

1 ORDINANCE NO. 725

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CUDAHY, CALIFORNIA ESTABLISHING A PROHIBITION

OF RENT INCREASES ON CERTAIN RESIDENTIAL
PROPERTIES FOR NINETY (90) DAYS WITH THE ABILITY

TO EXTEND FURTHER
WHEREAS, the City of Cudahy (“the City”) is a general law city, incorporated under the laws of the State of California; and
WHEREAS, pursuant to its police power, the City may enact and enforce laws within its boundaries that promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws; and WHEREAS, rents throughout Los Angeles County are continuing to rise despite the State’s Tenant Protection Act of 2019 (Tenant Protection Act), and as housing costs rise, many local residents continue to struggle with a decrease in affordability, housing insecurity, and potential homelessness, particularly low-income households and those persons who continue to be negatively impacted by the ongoing COVID-19 pandemic; and
WHEREAS, Los Angeles County and the cities within the County are experiencing a housing affordability crisis, which is driving homelessness and displacement of residents; and
WHEREAS, many of the City’s renters are rent-burdened, paying over 30 percent of their income on rent, and some renters are severely rent-burdened, paying over 50 percent of their income on rent, which leaves less money for families to spend on other necessitates like food, healthcare, transportation, and education; and WHEREAS, housing displacement due to rent increases hinders residents from weathering and surviving through the ongoing COVID-19 pandemic, including waves of infection, by preventing individuals from isolating as necessary at home due to infection or exposure; and
WHEREAS, there is an urgent need for the City to enact a temporary moratorium on rent increases to protect the health, safety, and welfare of its residents in light of the ongoing COVID-19 pandemic, including the need to keep residents in their homes to isolate or shelter-in-place as necessary; and
WHEREAS, pandemic-related tenant protections under the County of Los Angeles and State of California are gradually phasing out; and
WHEREAS, current State law allows increasing annual rent five percent (5%) plus the consumer price index (CPI), up to a maximum of ten percent (10%) for properties subject to the Tenant Protection Act of 2019; and
Attachment A Page 176 of 199
2 WHEREAS, the median monthly asking rent in the U.S. rose fifteen percent (15%) year over year in May 2022 while the Los Angeles-area median asking rent of $3,400 had risen 9.6%, according to real estate firm Redfin; and
WHEREAS, this ordinance is intended to temporarily prohibit rent increases to protect tenants from rising rent costs while the City further considers and develops a permanent rent control program; and
WHEREAS, failure to adopt this ordinance may subject renters to economic hardship and potential displacement that may lead to homelessness to the detriment of the public health, safety and welfare; and
WHEREAS, on July 19, 2022, the City Council established the Rent Control Ad Hoc Committee, to analyze and study the issue of rent control and to advise and make recommendation(s) to the City Council on legislation in regards thereto; and WHEREAS, the Ralph M. Brown Act (Gov. Code, § 54950 et seq.) generally applies to meetings among a majority of the members of a legislative body when the subject relates to local agency business, however, meetings of temporary advisory, or ad hoc, committees, such as the Rent Control Ad Hoc Committee, as distinguished from standing committees with ongoing jurisdiction, made up solely of less than a quorum of a legislative body are not subject to the Brown Act; and
WHEREAS, the City Council intends that the Rent Control Ad Hoc Committee will be of a temporary duration to formulate a recommendation for full City Council consideration.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The recitals above are true and correct and incorporated herein by reference.

SECTION 2. Findings. Based on the findings set forth in the Recitals, the City Council finds and declares this ordinance to be necessary for the immediate preservation of the public health, safety and welfare.

SECTION 3. Definitions. For the purposes of this Ordinance, the following definitions shall apply:

A. “Base Rent” means the monthly Rent that was in effect on October 20, 2022.

B. “Covered Rental Unit(s)” means any Rental Unit except for:
a. A dwelling unit which is alienable separate from the title to any other dwelling unit, or which is a subdivided interest in a subdivision, as specified in subdivision (b), (d), or (f) of Section 11004.5 of the Business and Professions Code;

3 b. A dwelling unit for which a certificate of occupancy was issued after February 1, 1995; or
c. Any other dwelling unit exempt from the Costa-Hawkins Rental Housing Act (California Civil Code Section 1954.52) or any other applicable state or federal law.

C. “Hearing Officer” means the person designated by the City Manager to conduct a review hearing under Section 7 of this Ordinance. The Hearing Officer shall not be the enforcement officer that investigated the matter under Section 7 of this Ordinance that is the subject of the administrative hearing or the immediate supervisor of that enforcement officer.

D. “Housing Services” means all services provided by the Landlord related to the use or occupancy of a Covered Rental Unit, including but not limited to, insurance, repairs, replacement, maintenance, painting, utilities, heat, water, elevator service, laundry facilities, recreational areas and/or pools, janitorial service, refuse removal, furnishings, parking, storage, and security services.

E. “Landlord” means an owner, lessor, or sublessor who receives or is entitled to receive Rent of the use and occupancy of any Covered Rental Unit or Rental Unit or portion thereof, and the representative, agent, or successor of such owner, lessor, or sublessor. For purposes of this Ordinance, a Landlord does not include an individual whose primary residence is the same Covered Rental Unit as the Tenant.

F. “Protection Period” means the time period commencing on the effective date of this Ordinance (30 days after the City Council’s adoption of this Ordinance) and shall terminate ninety (90) days thereafter on January 18, 2023, unless further extended or repealed by action of the City Council.

G. “Rent(s)” is the sum of all periodic payments and all nonmonetary consideration demanded or received by a Landlord from a Tenant for the use or occupancy of a Covered Rental Unit, including tenant’s access to and use of Housing Services. Rent includes without limitation, the fair market value of goods accepted, labor performed, or services rendered.

H. “Responsible Person” is a person responsible for, or alleged to be responsible for, a violation of this Ordinance.

I. “Tenant” means a person entitled, by written or oral agreement, or by sufferance, to the use or occupancy of any Covered Rental Unit or Rental Unit.

J. “Rental Unit(s)” means any dwelling units as defined in California Civil Code section 1940, subsection (c), including joint living and work quarters used or occupied in consideration of payment of Rent. This definition applies to any

4 dwelling space that is actually used for residential purposes, whether or not the residential use is legally permitted, including live-work spaces, mobile homes rented by the owner of a mobile home to a Tenant, and accessory dwelling units. For purposes of compliance with this Ordinance, Rental Unit does not mean any dwelling unit in which the Landlord or any member of his/her immediate family occupies one of the dwelling units on the property containing the Rental Unit and it is necessary for the Landlord or any member of his/her immediate family to use either a bathroom or kitchen facility common with the tenant.

SECTION 4. Rent Increases Temporarily Prohibited. Aresidential Landlord in the City of Cudahy shall not impose a Rent increase that would be effective during the Protection Period for a Covered Rental Unit occupied by an existing Tenant whose tenancy began before or on October 20, 2022. A decrease in Housing Services is considered an increase in Rent. This Ordinance does not regulate the initial Rent at which a unit is offered.

SECTION 5. Exceptions and Exemptions. The following are exempt from this Ordinance:

A. Accommodations in motels, hotels, inns, tourist houses, rooming houses, and boarding houses, provided that such accommodations are not occupied by the same tenant for thirty (30) or more days;
B. Commercial units; and
C. Housing accommodation in any hospital, convent, monastery, extended care facility, convalescent home, nonprofit home for the aged, or dormitory operated by an educational institution.

SECTION 6. Enforcement. In any action by a Landlord to recover possession of a Covered Rental Unit, the Tenant may raise as an affirmative defense any violation or noncompliance with the provisions of this Ordinance.

SECTION 7. Petition for Relief.

A. Petition Process. If a Landlord desires to increase the rent for a Covered Rental Unit during the Protection Period and the Landlord contends that the prohibition on Rent increases in Section 4 will prevent the Landlord from receiving a fair and reasonable return with respect to the operation of the property containing the Covered Rental Unit, the Landlord may file a petition with the Community Development Department by requesting a hearing, which will be heard by a Hearing Officer appointed by the City Manager. The Landlord shall mail a copy of the petition by first class mail, postage prepaid, to all Tenants whose Rents are the subject of the petition within five (5) calendar days after the date the petition is filed. Within ten (10) calendar days after the date the petition is filed,

5 the Landlord shall file a proof of service signed under penalty of perjury stating that a copy of the petition was mailed to all such Tenants. The petition shall include a statement indicating the basis on which the Landlord contends that the limitations of this Ordinance on Rent increases will prevent the Landlord from receiving a fair and reasonable return, together with any evidence that the Landlord wants the Hearing Officer to consider. The Landlord shall bear the burden of proving by a preponderance of the evidence at the hearing that because of the implementation of this Ordinance, the Landlord is unable to obtain a fair and reasonable return.

B. Hearing Process.
a. A hearing before the Hearing Officer shall be set for a date no sooner than fifteen (15) days and no later than sixty (60) days after receipt of the request and proof of service on any request complying with the requirements of this Section 7, unless the Hearing Officer determines that good cause exists for an extension of time. The Hearing Officer shall send written notice to the Landlord and the Tenant of the date, time, and place set for the hearing. Upon receipt, the Landlord shall post such notice in a conspicuous place at the affected property including the Covered Rental Units that are the subject of the petition.

Such notice shall be placed on a written instrument that is at least eleven (11) inches in width and seventeen (17) inches in length and shall be placed not less than four (4) feet above ground level in the common area, at the entry or entries to the building or units, or other similar location or locations as necessary to provide Tenants a reasonable opportunity to view the notice and be advised of the hearing. Within five (5) calendar days of receipt of the notice of hearing, the Landlord shall personally deliver a copy of the notice to each Tenant in the affected Covered Rental Units.
b. At the hearing the Landlord shall be given the opportunity to testify, call witnesses, and to present evidence concerning the petition. The Hearing Officer shall then hear testimony from the Tenants in the affected Covered Rental Units. The Hearing Officer may continue the hearing and request additional information from the Landlord or Tenant before issuing a written decision. The Hearing Officer shall have the power to issue orders to keep order and decorum during the hearing.

All hearings conducted by the Hearing Officer shall be open to the public.
c. The Hearing Officer may, in his or her discretion, grant a continuance of the hearing date upon a request and a showing of good cause by the Landlord or Tenant. The request must be made in writing and be received by the Hearing Officer at least five (5) business days prior to the hearing date. In the instance of a Landlord's continuance request, the Landlord must personally deliver a copy of the request to the affected Tenant(s). In the instance of a Tenant's continuance request, the Tenant must personally deliver a copy of the request to the

6 Landlord. In no event shall the continuance be longer than fifteen (15) calendar days from the originally scheduled hearing date. d. The cost of the hearing, including but not limited to a Hearing Officer’s fee, shall be borne by the petitioner.

C. Evaluation of Petitions. In evaluating the petitions from a Landlord or Tenant, the Hearing Officer shall consider all relevant factors that may potentially impact a Landlord's ability to obtain a fair and reasonable return and shall consider the basis for the calculation of any increase in Rent. Relevant factors may include, but are not limited to, changes in costs to the Landlord attributable to increased utility rates, trash collection rates, property taxes, insurance, advertising, variable mortgage interest rates, governmental assessments and fees, incidental services, employee costs, normal repair, maintenance, upgrading and addition of amenities or services, rent rolls, financial statements, expert analysis, and relevant studies.

D. Hearing Officer Decision. After considering all the testimony and evidence submitted at the hearing, within twenty (20) calendar days after the conclusion of the hearing, the Hearing Officer shall issue a written decision denying, affirming or modifying the petition and shall adopt written findings in support of that decision. The written decision shall be served by first-class mail, postage prepaid on the Landlord and any Tenants in the affected Covered Rental Unit.

The Hearing Officer's decision shall be final.

E. Judicial Review of Hearing Officer Decision. Any person directly aggrieved by an administrative decision of a Hearing Officer pertaining to a Petition for Relief from this Ordinance may seek judicial review in the Superior Court pursuant to Government Code Section 53069.4 and/or Code of Civil Procedure Sections 1094.5 and 1094.6.

F. Timing of Petitions and Hearing. Any petition that is timely filed before the expiration of this Ordinance may continue to be adjudicated. Relief may be granted retroactively to the date the petition was filed.

SECTION 8. Ad Hoc Rent Control Committee. The City Council has already created an Ad Hoc Rent Control Committee, it is comprised of no more than two (2) members of the City Council, appointed by the entire City Council. The Ad Hoc Rent Control Committee shall be an advisory committee and shall not exercise ongoing jurisdiction. The Ad Hoc Rent Control Committee shall study, develop, and propose best practices for rent control within the City, and shall formulate legislative or other appropriate recommendations for full City Council consideration. The duration of the Ad Hoc Rent Control Committee shall be consistent with Section 11 and may be extended by action of the City Council.

SECTION 9. Inconsistent Provisions. Any provision of the Cudahy Municipal Code or appendices thereto that conflicts with the provisions of this Ordinance, to the extent of

7 such conflict and no further, is hereby repealed or modified to the extent necessary to implement the provisions of this Ordinance.

SECTION 10. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase would be subsequently declared invalid or unconstitutional.

SECTION 11. Sunset Date. This Ordinance shall expire by its own terms on January 18, 2023, unless otherwise extended by action of the City Council.

SECTION 12. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act pursuant to Section 15060(c)(2), constituting an activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment, and pursuant to Section 15060(c)(3) constituting an activity that is not a project as defined in Section 15378.

SECTION 13. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published or posted as required by law, which shall take full force and effect 30 days upon its adoption by a majority vote of the City Council for a period of 90 days, unless extended.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at the regular meeting of this 6th day of September 2022.

Elizabeth Alcantar, Mayor
ATTEST:

Richard Iglesias, City Clerk

8 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Ordinance No. 725 was introduced on the 6th day of September 2022 and adopted by said City Council at its regular meeting by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Richard Iglesias, City Clerk

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STAFF REPORT
Date: September 6, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager
By: City Clerk’s Office
Subject: Consideration to appoint a Cudahy Resident to the Public Safety Ad-Hoc Committee

RECOMMENDATION
The City Council is requested to appoint a Cudahy Resident (“Resident”) to the Public Safety Ad-Hoc Committee.

BACKGROUND/ANALYSIS
On June 1, 1999, the City Council adopted Resolution 99-15, establishing the Public Safety Commission (the “Commission”).

On August 16, 2022, the City Council adopted Resolution 22-50, dissolving the Commission.

Subsequently, the Sheriff's Ad-Hoc Committee, established on July 7, 2020, meant to review the City's public safety agreements, and recommend policies, was given a new name, "Public Safety Ad-Hoc Committee."
The purpose of the Public Safety Ad-Hoc Committee (the “Committee”) is to recommend policies to the City related to public safety, similar to the purpose of the previously dissolved Public Safety Commission. When dissolving the Commission, the City Council agreed to appoint a Resident to the Committee.

Currently Mayor Alcantar and Council Member Lomeli serve on the Public Safety Ad-Hoc Committee.

Item Number
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CONCLUSION
Once a Resident is appointed to serve on the Public Safety Ad-Hoc Committee, the Committee will continue to meet on an as-needed basis.

FINANCIAL IMPACT
This requested action anticipates no financial impact.

ATTACHMENT
None

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STAFF REPORT
Date: September 6, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager
By: City Attorney’s Office
Subject: Adoption of Proposed Resolution No. 22-55 Dissolving the Aging and Senior Citizens Commission and Establishing the Senior and Community Services Commission, and Adopting the Objectives and Policies for the Community Services Commission

RECOMMENDATION
The City Council is requested to adopt proposed Resolution No. 22-55 dissolving the Aging and Senior Citizens Commission and establishing the Senior and Community Services Commission, and Adopting the Objectives and Policies for the Community Services Commission.

BACKGROUND/ANALYSIS
On August 31, 1987, the City adopted Resolution No. 87-36 establishing the Aging and Senior Citizens Commission and establishing the qualifications, organizations, and functions of said Commission. The Aging and Senior Citizens Commission was created to advise the City Council and Administrative staff in the area of gerontology. The Aging and Senior Citizens Commissioners provided a valuable service to the City.

The City Council wishes to dissolve the Aging and Senior Citizens Commission in its entirety and relieve all Aging and Senior Citizens Commissioners of their duties.

The City Council does not wish to prevent a Commission from advising on issues in the area of gerontology but would like to expand the subject matter, as such, the Council would like to establish the Senior and Community Services Commission. The duties of the new Commission include research and providing policy recommendations to the City Council regarding:

Item Number
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• Human services
• Community Development for all residents
• All matters pertaining to the elder residents and their needs, including but not limited to, health and nutrition, education, employment, housing, and transportation • Information on the problems and their solutions pertaining to elder residents through all means available, including investigation of the availability of grants for senior citizen needs
In addition to establishing this new Commission, the City Council wishes to establish the objectives and policies for the Commission, once passed and established the City Council will be able to review applications for Commissioners and appoint Commissioners to fill the empty seats.

CONCLUSION
Based on the foregoing, staff recommends that the City Council adopt proposed Resolution No. 22-55 dissolving the Aging and Senior Citizens Commission and establishing the Senior and Community Services Commission, and Adopting the Objectives and Policies for the Community Services Commission.

FINANCIAL IMPACT
There are no financial impacts anticipated by this requested action.

ATTACHMENT
A. Resolution No. 22-55

1 RESOLUTION NO. 22-55

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CUDAHY, CALIFORNIA, DISSOLVING THE AGING AND

SENIOR CITIZENS COMMISSION AND ESTABLISHING

THE SENIOR AND COMMUNITY SERVICES

COMMISSION, AND ADOPTING THE OBJECTIVES AND

POLICIES FOR THE SENIOR AND COMMUNITY

SERVICES COMMISSION
WHEREAS, on August 31,1987, the City of Cudahy (“City”) adopted Resolution No. 87-36 establishing the Aging and Senior Citizens Commission and establishing the qualifications, organizations, and functions of said Commission; and WHEREAS, on April 5, 2022, the City adopted Ordinance No. 719, amending Chapter 2.32 (City Commissioners) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code (“Municipal Code”).

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, AS FOLLOWS:

SECTION 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by reference.

SECTION 2. The Cudahy City Council repeals all previous resolutions regarding the establishment of the Aging and Senior Citizens Commission.

SECTION 3. The Cudahy City Council hereby dissolves the Aging and Senior Citizens Commission in its entirety and relieves all Aging and Senior Citizens Commissioners of their duties.

SECTION 4. The Cudahy City Council hereby establishes the Senior and Community Services Commission.

SECTION 5. The Cudahy City Council hereby adopts the following City of Cudahy Senior and Community Services Commission Objectives and Rules:
“CITY OF CUDAHY

SENIOR AND COMMUNITY SERVICES COMMISSION OBJECTIVES AND

POLICIES
I. Purpose and Duties
The City of Cudahy Senior and Community Services Commission is established for the purpose of providing policy recommendations to the City Council on matters affecting all individuals throughout the City of Cudahy.

The Commission will research and provide policy recommendations to the City Council regarding:

Attachment A Page 189 of 199
2 • Human services including addressing homelessness, homelessness prevention and mental health services
• The availability of grants addressing homelessness and mental health services
• Community Development for all residents
• All matters pertaining to the elder residents and their needs, including but not limited to, health and nutrition, education, employment, housing, and transportation
• Information on the problems and their solutions pertaining to elder residents through all means available, including investigation of the availability of grants for senior citizen needs
II. Qualifications
Commissioners shall meet the qualifications set forth for all Commissioners in Chapter 2.32 of the Cudahy Municipal Code.

III. Appointment and Removal
Commissioners shall be appointed and removed pursuant to Chapter 2.32 of the Cudahy Municipal Code.

IV. Organization
The Commission shall elect its chairperson and vice chairperson from among its members for a term of one year and, subject to other provisions of law, may create and fill such other offices within its membership as it may determine are necessary and convenient. Such officers shall hold their respective positions and status at the pleasure of a majority of the Commission.

The City Manager shall appoint the staff liaison for the Commission. The City Clerk’s office will serve as the secretary for the Commission.

V. Absences
All Commissioners must abide by the “Absences” section of Chapter 2.32 of the Cudahy Municipal Code.

VI. Vacancies
All Commissioners must abide by the “Vacancy” section of Chapter 2.32 of the Cudahy Municipal Code.

VII. Rules and Regulations

3 All Commissioners must abide by the “Code of Conduct” section of Chapter 2.32 of the Cudahy Municipal Code.

Commissioners may pass resolutions adding rules in addition to Chapter 2.32 of the Cudahy Municipal Code but cannot remove any requirement from said chapter.

VIII. Meetings
Date and time of the meetings to be determined by a majority vote of the Commission but the Commission shall meet at last once a quarter.

Minutes for each meeting shall be made available for inspection approximately thirty (30) days after each meeting at the next scheduled meeting.

IX. Compensation
Commissioners shall be paid forty-five dollars ($45) per regularly scheduled monthly meeting, and the Chairman shall be paid fifty-five dollars ($55) per regularly scheduled monthly meeting.”
SECTION 6. This Resolution shall take effect immediately upon adoption. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at the regular meeting of this 6th day of September 2022. ______________________________
Elizabeth Alcantar
Mayor
ATTEST:
____________________________
Richard Iglesias
City Clerk

STATE OF CALIFORNIA )

4 COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 22-55 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 6th day of September 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Richard Iglesias
City Clerk

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STAFF REPORT
Date: September 6, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Joshua Calhoun, Finance Director
Subject: Adoption of Resolution No. 22-53 Approving the Commitment of Fund Balance Pursuant to GASB 54

RECOMMENDATION
The City Council is requested to adopt Resolution No. 22-53, approving the Commitment of Fund Balance Pursuant to GASB 54.

BACKGROUND

1. On June 7, 2022, the City Council approved the General Fund Reserve Policy (Resolution 22-32) establishing classifications and policies relating to Fund Balance.

2. On August 16, 2022, the City Council provided city staff direction on the utilization of reimbursed American Recue Plan Act grant funds.

ANALYSIS
The City received a total of $5,638,206 of State and Local Fiscal Recovery Funds (SLFRF) from the American Rescue Plan Act (ARPA) that can be used by local governments to assist in the recovery from the impact of the COVID-19 pandemic. The City claimed the total of $5,638,206 as allowable expenditures for public safety incurred between March 2021 to June 2022. This reimbursed the City’s General Fund for the costs during that period as a result of the pandemic.

These one-time reimbursed ARPA Funds can be used for unrestricted purposes. The City Council provided direction to city staff as part of a utilization plan. Approximately $2 million would be designated as assigned fund balance as part of the Revenue Stabilization Plan.

Approximately $1.4 would be utilized to cover total project costs and amount financed through Siemens Financial as part of the City-Wide Energy Efficiency Facilities Modernization Project. Additionally, would assign $600,000 for as needed project costs arising from the Item Number
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Facilities Modernization Project.

The remaining $1 million would be designed as Committed Fund Balance as approved by Resolution that would be used solely for Strategic Plan Program Implementation. The result would require a resolution approved by the City Council to utilize these funds for such programs detailing which Strategic Plan goal it would achieve.

The Finance Department will provide monthly financial reports to the City Council summarizing the ongoing use of these funds for transparency.

CONCLUSION
The proposed resolution follows the City’s Fund Balance Policy and would provide more control over the use of these funds by designating them as Committed Fund Balance.

FINANCIAL IMPACT
The proposed resolution are technical in nature and will enable the Finance Director to make necessary assignment and commitment to the City’s fund balance.

ATTACHMENTS
A. Resolution No 22-53, A Resolution of the City Council of the City of Cudahy, California, approving the Commitment of Fund Balance pursuant to GASB 54

RESOLUTION NO. 22-53

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CUDAHY, CALIFORNIA, APPROVING THE COMMITMENT
OF FUND BALANCE PURSUANT TO GASB 54
WHEREAS, the Governmental Accounting Standards Board (GASB) has issued Statement No. 54, Fund Balance Reporting and Governmental Type Definitions, with the intent of improving financial reporting by providing fund balance categories that will be more easily understood; and
WHEREAS, the City Council may commit fund balance amount for specific purposes by taking formal action, and the committed amounts cannot be used for any other purpose unless the City Council removes and changes the specific use through the same formal action taken to establish the commitment; and WHEREAS, the City Council deems appropriate that a commitment of $1,000,000 of the General Fund unassigned fund balance be established for reserve for the implementation of Strategic Plan Implementation Programs; and WHEREAS, the General Fund balance will be adjusted to final fund balance at the end of the fiscal year; and.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUDAHY DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council established and approves the commitment of $1,000,000 of the assigned fund balance of the General Fund to the committed category of fund balance.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at a regular meeting on this 6th day of September 2022.

Elizabeth Alcantar
Mayor
ATTEST:

Richard Iglesias,
City Clerk
Attachment A Page 195 of 199
Resolution No. 21-16

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 22-53 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 6th day of September 2022, and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Richard Iglesias,
City Clerk

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STAFF REPORT
Date: September 6, 2022
To: Honorable Mayor and City Council Members
From: Alfonso Noyola, City Manager
By: Juan Arauz, Community Development Director
Subject: City Council Discussion and Direction on the Installation of Street Striped Parking Spaces

RECOMMENDATION
Staff recommends that the City Council take one of the following actions:

1. Discuss staff analysis on the potential installation of street striped parking spaces; and

2. Provide staff direction on how to move forward.

BACKGROUND/DISCUSSION
On August 16, 2022, the City Council requested that staff evaluate whether the installation of striped parking spaces on the street would optimize parking. After evaluating this request, staff finds that while parking space markings on the street would impose evenly spaced parking along the curb, this would not increase the number of available spaces because vehicles are already parking at optimum spacing without markings. For example, smaller vehicles find smaller spaces while larger vehicleslook for larger spaces. Moreover, the installation ofstriped parking spaces would need to conform with the following dimensional standards recommended by Caltrans:
1) Minimum vehicle parking space length of 22 feet; and 2) Minimum red curb painted at each side of existing driveways of three feet.

Adherence to the dimensional standards listed above typically results in the overall loss of street parking. For example, a curb between two driveways with a length of 40 feet typically Item Number
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parks two standard sedans. However, using the Caltrans standards, this 40 foot curb would be painted and marked for only one vehicle. Below are exhibits depicting this scenario from a location in the city.

Exhibit 1 – Existing Curb at 3829 Walnut Street
Exhibit 2 – Example of Striped Parking at 3829 Walnut Street In the scenario shown above, the installation of striped parking using the Caltrans dimensional standards would reduce the availability of vehicle parking at this location.

In addition to the loss of vehicle parking spaces, enforcing vehicles parked within newly installed red curbs or parked outside the “T” marks would take up additional staff time and make it difficult to enforce other violations citywide (ex. overnight permit parking).

CONCLUSION
Based on expected impacts to street parking supply, staff recommends that City Council direct

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staff to take one of the following actions:
1) Receive and file this report, maintaining street parking as-is; or 2) Instruct staff to solicit consulting services to evaluate the effects of installing striped parking spaces.

FINANCIAL IMPACT
Not applicable.

ATTACHMENTS
None.