Cudahy City Council
October 18, 2022

AGENDA

A REGULAR MEETING

OF THE CUDAHY CITY COUNCIL
and JOINT MEETING of the
CITY OF CUDAHY AS SUCCESSOR AGENCY and HOUSING SUCCESSOR AGENCY

TO THE CUDAHY DEVELOPMENT COMMISSION
Tuesday, October 18, 2022 – 6:30 P.M.

Written materials distributed to the City Council within 72 hours of the City Council meeting shall be available for public inspection at www.cityofcudahy.com In compliance with the Americans with Disabilities Act (ADA) if you need special assistance to participate in this meeting, you should contact the City Clerk’s Office at (323) 773-5143 at least 72 hours in advance of the meeting.

Rules of Decorum
Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.

Disruptive conduct may include, but is not limited to:
• Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted.

When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.

If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.)
Elizabeth Alcantar, Mayor
Jose R. Gonzalez, Vice Mayor
Jack M. Guerrero, Council Member
Blanca Lozoya, Council Member
Daisy Lomelí, Council Member

REMOTE TELECONFERENCE AND

ELECTRONICALLY
This meeting will be conducted telephonically
and electronically pursuant to Government
Code § 54953
Teleconference Phone Number:
1 (669) 900-6833
Meeting ID: 897 4838 6267
https://us06web.zoom.us/j/89748386267

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
October 18, 2022, at 6:30 P.M.

1. CALL TO ORDER

2. ROLL CALL
Council / Agency Member Guerrero
Council / Agency Member Lozoya
Council / Agency Member Lomelí
Vice Mayor / Vice Chair Gonzalez
Mayor / Chair Alcantar

3. PLEDGE OF ALLEGIANCE

4. LAND ACKNOWLEDGEMENT
We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño-Tongva people. We show our respects to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.

5. PRESENTATIONS
A. East Los Angeles Sheriff’s Annual Update
B. Presentation by Mr. Hollins from the Los Angeles County Internal Services Department regarding Digital Equity Investment Opportunity

6. CLOSED SESSION PUBLIC COMMENTS - NONE

7. CLOSED SESSION - NONE

8. CLOSED SESSION ANNOUNCEMENT - NONE
Pursuant to Municipal Code Section 2.04.020, regular city council meetings are set to begin at 6:30 p.m., since there are no closed session items scheduled, the council will continue with the proceedings of this meeting without any break for closed session.

9. PUBLIC COMMENTS
(Each member of the public may provide a public comment telephonically or electronically by clicking the hand icon on Zoom or pressing star (*) nine (9) on the telephone, if he or she wishes to address the City Council. Members of the public are permitted to speak for three (3) minutes concerning items under the City Council’s jurisdiction, including items on the council agenda.)

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
October 18, 2022, at 6:30 P.M.

(Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403).)

10. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS (Each Council Member is limited to three minutes.)
(This is the time for the City Council / Agency to comment on any topics related to “City Business,” including announcements, reflections on city / regional events, response to public comments, suggested discussion topics for future council meetings, general concerns about particular city matters, questions to the staff, and directives to the staff (subject to approval / consent of the City Council majority members present, regarding staff directives). Each Council / Agency Member will be allowed to speak for a period not to exceed three (3) minutes. Notwithstanding the foregoing, the City Council Members shall not use this comment period for serial discussions or debate between members on City business matters not properly agendized. The City Attorney shall be responsible for regulating this aspect of the proceeding.)

11. CITY MANAGER REPORT (information only)

12. REPORTS REGARDING AD HOC, ADVISORY, STANDING, OR OTHER COMMITTEE

MEETINGS

13. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES (Consideration to waive full text reading of all Resolutions and Ordinances by single motion made at the start of each meeting, subject to the ability of the City Council / Agency to read the full text of selected resolutions and ordinances when the item is addressed by subsequent motion.) (COUNCIL / AGENCY)
Recommendation: Approve the Waiver of Full Reading of Resolutions and Ordinances.

14. CONSENT CALENDAR
(Items under the Consent Calendar are considered routine and will be enacted by one motion, prior to the vote to approve the Consent Calendar, each Council Member shall have a maximum of three (3) minutes to comment on the Consent Calendar as a whole. There will be no separate discussion of these items unless a Council / Agency Member so requests specific item(s) be removed from the Consent Calendar for separate action. Items may only be considered as a separate action if either (1) a Council Member must recuse themselves due to a conflict of interest or (2) a Council Member has specific questions for City Staff. Items called for separate discussion will be heard as the next order of business.) A. Consideration to Review and Approve the Draft Minutes of July 19, 2022, and October 4, 2022, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission (page 7)

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
October 18, 2022, at 6:30 P.M.

Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for July 19, 2022, and October 4, 2022.

B. Approval of the Local Agency Investment Fund (LAIF) for the Month of September 2022 (page 27) Presented by the Finance Director
Recommendation: The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of September 2022 in the amount of $11,223,201.06.

C. Approval of the City Demands and Payroll Including Statement of Investment for the Month of September 2022 (page 31)
Presented by the Finance Director
Recommendation: The City Council is requested to approve the Demands and Payroll in the amount of $1,750,512.85 including the Statement of Investments for the month of September 2022.

D. Informational Item – ARPA Utilization Plan Monthly Report (September 2022) (page 41) Presented by the Finance Director
Recommendation: The City Council is requested to receive and file the ARPA Utilization Plan Monthly Report for the month of October 2022.

15. PUBLIC HEARING – NONE

16. BUSINESS SESSION
A. Consideration to Approve Proposed Contract Authorization Increase with Parking Company of America Management (PCAM) for Citywide Shuttle Services (page 45) Presented by the Management Analyst
Recommendation: The City Council is requested to approve the following:

1. Approve the Proposed Contract Authorization Increase to the Master Services Agreement between the City and Parking Company of

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
October 18, 2022, at 6:30 P.M.

America Management (PCAM) to adjust rates accordingly to the allowable Consumer Price Index agreed in the Master Services Agreement for Citywide Shuttle Services.

2. Adopt Resolution No. 22-58 to augment the Fiscal Year 22-23 City Budget, appropriating an additional $78,118.36 for Citywide Shuttle Services.

B. Adoption of Proposed Ordinance Adding Section 2.12.030 (Powers and Duties) of Chapter 2.12 (City Manager) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code (page 73) Presented by the City Attorney
Recommendation: The City Council is requested to approve an Ordinance by first reading, adding Section 2.12.030 (Powers and Duties) of Chapter 2.12 (City Manager) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code.

C. Adoption of Proposed Ordinance Amending Section 3.16.120 (Bidding) of Chapter 3.16 (Purchasing System) of Title 3 (Revenue and Finance) of the Cudahy Municipal Code (page 81) Presented by the City Attorney
Recommendation: The City Council is requested to approve an Ordinance by first reading, amending Section 3.16.120 (Bidding) of Chapter 3.16 (Purchasing System) of Title 3 (Revenue and Finance) of the Cudahy Municipal Code.

D. Consideration to Fund the “LA Hot Wheels” Basketball team 5th Annual Basketball tournament (page 87)
Presented by Administrative Services Director
Recommendation: The City Council is requested to authorize the City Manager to present a check in the amount of $3,500 to Hot Wheels basketball team for their 5th Annual Basketball tournament held at Clara Park.

E. Update on the City’s Economic Development Strategic Plan (page 91) Presented by the Community Development Director
Recommendation: The City Council is requested to provide City staff feedback on the outreach components of the Economic Development Strategic Plan.

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
October 18, 2022, at 6:30 P.M.

17. COUNCIL DISCUSSION - NONE

18. ADJOURNMENT
I, Richard Iglesias, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City’s Website, City Hall, Bedwell Hall, Clara Park, and Lugo Park not less than 72 hours prior to the meeting. A copy of said Agenda is on file in the City Clerk’s Office.

Dated this 13th day of October 2022
Richard Iglesias
City Clerk

“Serving the People” "Sirviendo A La Comunidad"
Staff Report
10/18/2022 Page 1 of 2

STAFF REPORT
Date: October 18, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Richard Iglesias, City Clerk
Subject: Consideration to Review and Approve the Draft Minutes of July 19, 2022, and October 4, 2022, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission

RECOMMENDATION
The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for July 19, 2022, and October 4, 2022.

BACKGROUND / ANALYSIS
On December 12, 2016, the City Council of the City of Cudahy adopted Resolution No. 16-38, approving the use of summary action minutes, meant to allow the City Clerk's Office to write the minutes in brief, assuring a record of Council's actions, due to having a recording of the full Council Meeting on the City’s website.

Historically
The Municipal Clerk is one of the oldest professions in government, dating back to 1272 A.D., originating in England. The record keeper then was called Remembrancer, an English official whose job was to remind the Lord Treasurer and Barons of Court, of business pending.

Years later, in the 1600s, when early colonists came to America, the office of the Clerk was one of the first offices to be established. Over the years, the City Clerk’s office has become the core for local government, and the liaison to the residents of the Community. The Municipal Clerk (City Clerk) is the record keeper of a City’s recorded history.

Item Number
14A

“Serving the People” "Sirviendo A La Comunidad"
Staff Report
10/18/2022 Page 2 of 2
William Bennett Munro, a Canadian historian, and political scientist, who taught at Harvard University and the California Institute of Technology, stated in one of his first textbooks written: “No other office in municipal service has so many contacts. It serves the Mayor, the City Council, the City Manager (when there is one), and all administrative departments, without exception. All of them call upon it, almost daily, for some service or information. Its work is not spectacular, but it demands versatility, alertness, accuracy, and no end of patience.

The public does not realize how many loose ends of city administration this office pulls together.”
Moving forward to the present time, the City Clerk’s office today is generally responsible for keeping a record of City Council meetings; agreements; recordings of official documents; legal advertisements; municipal elections; commissions and committees current files; claims against the city; and other legal or official documents.

City Clerks are required to keep record of the proceedings (minutes) of Council meetings (Government Code Sections 36814 and 40801). Minutes are the official record of a meeting which provides a history of the Council’s decisions and actions.

CONCLUSION
City Council is requested to approve the attached City Council / Agency Draft Minutes of the proceedings of July 19, 2022, and October 4, 2022.

FINANCIAL IMPACT
No Financial Impact.

ATTACHMENT
A. Draft Minutes July 19, 2022
B. Draft Minutes October 4, 2022
C. Resolution No. 16-38, approving the City Clerk’s use of Summary Action Minutes as the Official Record of the City Council proceedings.

City Council/Successor Agency Minutes of 7/19/2022

CUDAHY CITY COUNCIL REGULAR MEETING and
CITY OF CUDAHY AS SUCCESSOR AGENCY and

HOUSING SUCCESSOR AGENCY TO THE CUDAHY

DEVELOPMENT COMMISSION JOINT MEETING
July 19, 2022 6:30 P.M.

1. CALL TO ORDER
Mayor / Chair Alcantar called the meeting to order at 6:35 p.m.

2. ROLL CALL
PRESENT: Council / Agency Member Jack M. Guerrero (left meeting at: 8:16pm) Council / Agency Member Blanca Lozoya
Council / Agency Member Daisy Lomelí
Vice Mayor / Vice Chair Jose R. Gonzalez
Mayor / Chair Elizabeth Alcantar
ABSENT: None
ALSO PRESENT: City Manager, Alfonso Noyola, Deputy City Attorney Stephanie Arechiga, City Clerk, Richard Iglesias, Junior Deputy City Clerk, Estefania Zamora, Finance Director, Joshua Calhoun, Public Works Director, Aaron Hernandez, Administrative Services Director, Brenda Rodriguez, Community Development Director, Juan Arauz, and Human Resources Manager, Noel Barajas.

3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Alcantar.

4. LAND ACKNOWLEDGEMENT
The Land Acknowledgment was led by Mayor Alcantar.

We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño-Tongva people. We show our respects to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.

5. PRESENTATIONS
A. Finance Department Annual Update

6. CLOSED SESSION PUBLIC COMMENTS – NONE
Attachment A Page 9 of 92
City Council/Successor Agency Minutes of 7/19/2022

7. CLOSED SESSION – NONE

8. CLOSED SESSION ANNOUNCEMENT – NONE

9. PUBLIC COMMENTS
Susie commented on item 14C, asked Council to consider amending a section in the ordinance, spoke on overnight parking, thanked council members who attended the special meeting, disapproved of Council Member Guerrero's absence and talked about commissioner appointments.

Gerardo Hernandez asked the City Council to abstain or oppose California's SB1245, claiming that it is one-sided in its funding, provided information regarding the bill, and gave his opinion.

Jack Guerrero addressed the City Council's recent modification of the consent calendar protocol, alleged it suppresses free speech and transparency of the public and violates the brown act, spoke against the actions Council took and the implications of the new consent calendar protocol.

Krystal Markovich addressed issues with Animal Control’s response time and regarding removing dead animals, stated she stands in solidarity with the first speaker Susie, asked City Council to consider her opinion, mentioned her support of women's reproductive rights, emphasized women's reproductive health choices, thanked Council Member Lomeli, Mayor Alcantar, and Vice Mayor Gonzalez, and lastly mentioned revisiting rent control.

Emailed Public Comment - Read into the record by the City Clerk Star Laca Good Evening Cudahy City Council, on behalf of the Cudahy Alliance for Justice, we are extremely concerned about the lack of accountability that the City of Cudahy has taken in regards to cleaning up Cudahy Park since 1990 even though it is a fact that Cudahy Park and Park Avenue Elementary were both built on top of a landfill. It is necessary and imperative that before any renovations are made to Cudahy Park, the City must utilize every resource available to safely and properly clean up the park. The City of Cudahy does not need any more environmental injustice like when the majority of council members voted to approve a project located at 7801 Otis Avenue that was improperly exempted from an environmental impact report. Cudahy City Council has violated CEQA in the past and must learn its lesson in taking the appropriate steps to keep our community healthy and safe. As Council members, it is your duty to do the right thing for the community you represent. Please do not proceed with renovating the park until it is clean and safe for our community. Thank you, Cudahy Alliance for Justice Bertha Martinez mentioned she worked in Cudahy for many years and was at Park Avenue when clean-up occurred, she is well-informed about the contamination in Cudahy Park and concerned that it has not been properly cleaned up after many years and the community continues to be exposed to contaminates, sees an opportunity for the city to

City Council/Successor Agency Minutes of 7/19/2022

clean up the contaminates, supports women's rights, agreed with previous speaker Crystal’s comments.

10. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS
Council Member Guerrero questioned the City Attorney regarding the consent calendar determination, referenced the Brown Act and mentioned that California sunshine laws and all California supreme court rulings make clear that only the narrowest of circumstances are appropriate for closed session.

Council Member Lomelí apologized to the public for her limited statement, mentioned she was still under the weather, thanked everyone who attended and commented, highlighted the irony in her colleague's comments, mentioned her appreciation for staff efforts, and asked if the artists involved with the Mural can be recognized at a future Council Meeting.

Council Member Lozoya asked how to report vehicles without a parking permit.

Vice Mayor Gonzalez commented on a great job from the team and agreed with Council Member Lomelí to try to increase the time together with residents and community events, mentioned wanting to focus on the backpack giveaway for the kids and looking forward to supporting students in their return to school.

Mayor Alcantar mentioned her attendance at the mural process and the unveiling, commented on resident/commissioner Quintana reaching out about a local artist who has been training kids to become muralists and artists, mentioned exploring on how to expand in local art, also commented on her attendance at the special meeting regarding cannabis, encouraged individuals to provide feedback, spoke on specific words used regarding the consent calendar and the process.

11. CITY MANAGER REPORT (information only)

12. REPORTS REGARDING AD HOC, ADVISORY, STANDING OR OTHER

COMMITTEE MEETINGS - NONE

13. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Motion: Council Member Lomelí motioned to waive full reading of resolutions and ordinances, seconded by Council Member Lozoya. Motion passed 4-1 by the following roll call vote:

AYES: Lozoya, Lomelí, Gonzalez, and Alcantar
NOES: Guerrero
ABSENT: None
ABSTAIN: None

14. CONSENT CALENDAR

City Council/Successor Agency Minutes of 7/19/2022

Council Member Guerrero pulled items D&E together and F separately to ask questions, stated he would be voting no concerning the finance items due to the City's dismal internal controls remediation efforts, quoted part of the authoritative report of the California State Controller, mentioned concerns over the transparency regarding remediation, and protested the City's practice regarding the minutes.

A. Consideration to Review and Approve the Draft Minutes of July 5, 2022, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission

Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for July 5, 2022.

B. Adoption of Proposed Resolution No. 22-41 Proclaiming a Local Emergency, Ratifying the Proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and Re-Authorizing Remote Teleconference Meetings of the City Council, City Boards, and all Commissions of the City of Cudahy, for the Period from July 19, 2022, through August 18, 2022, Pursuant to Brown Act Provisions Recommendation: The City Council is requested to approve proposed Resolution No. 22-41 proclaiming a local emergency, ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and re-authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Cudahy, for the period from July 19, 2022, through August 18, 2022, pursuant to Ralph M. Brown Act provisions.

Motion: Council Member Lomelí motioned to approve Consent Calendar items A and B, seconded by Council Member Lozoya. Motion passed 4-1 by the following roll call vote:

AYES: Lozoya, Lomelí, Gonzalez, and Alcantar
NOES: Guerrero
ABSENT: None
ABSTAIN: None
C. Adoption of Proposed Ordinance Amending Section 20 (Appointment, Reappointment, and Removal) of Chapter 2.32 (City Commissioners) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code Recommendation: The City Council is requested to approve an Ordinance by second reading, amending Section 20 of Chapter 2.32 (City Commissioners) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code.

Motion: Council Member Lomelí motioned to approve Consent Calendar item C, seconded by Council Member Lozoya. Motion passed 5-0 by the following roll call vote:

AYES: Guerrero, Lozoya, Lomelí, Gonzalez, and Alcantar
NOES: None

City Council/Successor Agency Minutes of 7/19/2022

ABSENT: None
ABSTAIN: None
D. Approval of the Local Agency Investment Fund (LAIF) for the Month of June 2022 Recommendation: The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of June 2022 in the amount of $11,202,228.14.

E. Approval of the City Demands and Payroll Including Statement of Investment for the Month of June 2022
Recommendation: The City Council is requested to approve the Demands and Payroll in the amount of $1,261,663.52 including the Statement of Investments for the month of June 2022.

Motion: Council Member Lomelí motioned to approve Consent Calendar items D and E, seconded by Council Member Lozoya. Motion passed 4-1 by the following roll call vote:

AYES: Lozoya, Lomelí, Gonzalez, and Alcantar
NOES: Guerrero
ABSENT: None
ABSTAIN: None
F. Adoption of a Proposed Resolution No. 22-42 Superseding and Repealing Resolution No. 22-35, and Amending the Adopted Fringe Benefits and Salary Plan Establishing Provisions for All Full-time Employees, and Hourly Employees Recommendation: The City Council is requested to approve the proposed Resolution No. 22-42, amending the fringe benefits and salary plan establishing provisions for all fulltime employees, hourly employees, and appointed officials and repealing Resolution No. 22-35.

Motion: Council Member Lomelí motioned to approve Consent Calendar item F, seconded by Council Member Lozoya. Motion passed 4-1 by the following roll call vote:

AYES: Lozoya, Lomelí, Gonzalez, and Alcantar
NOES: Guerrero
ABSENT: None
ABSTAIN: None

15. PUBLIC HEARING
A. Resolution of Public Interest and Convenience No. 22-43 Approving the City’s Purchase and Sale Agreement for the Sale of Real Property at 5256 Elizabeth Street and 5260 Elizabeth Street (APN 6224-001-901 and APN 6224-001-902) Presented by the Contract City Planner

City Council/Successor Agency Minutes of 7/19/2022

Recommendation: Staff recommends that the City Council of the City of Cudahy (the “City”):

1. Adopt the Resolution of Public Interest and Convenience No. 22-43, approving the City’s Purchase and Sale Agreement (“PSA”) to sell the real property located at 5256 Elizabeth Street and 5260 Elizabeth Street, Cudahy, California with the following Los Angeles County Assessor Parcel Numbers: 6224-001-901 and 6224-001-902, in order to allow for the development of a multifamily residential development (“Project”).

Mayor Alcantar opened public comment.

Public Comments:

Susie asked that proper environmental clean-up procedures are taken before the property is sold and to ensure the City gets the best value for the property.

Gerardo Hernandez gave his regards and gave praised for the great work.

Council Member Guerrero mentioned his appreciation for Best Best & Krieger's explanation, and the agreement is unclear on how to square the cost allocation provision with the purchase price credit, asked what the fair market value was in the appraisal, and addressed a point made by his colleague.

Bertha Martinez echoed concerns from several speakers, hoping that the City makes sure that some of those units are affordable to the community, glad that there is something in place to ensure the site is evaluated and clean.

Mayor Alcantar closed public comment.

Motion: Vice Mayor Gonzalez motioned to adopt the Resolution of Public Interest and Convenience No. 22-43, approving the City’s Purchase and Sale Agreement (“PSA”) to sell the real property located at 5256 Elizabeth Street and 5260 Elizabeth Street, Cudahy, California with the following Los Angeles County Assessor Parcel Numbers: 6224-001- 901 and 6224-001-902, in order to allow for the development of a multifamily residential development (“Project”), seconded by Council Member Lomelí. Motion passed 3-1 by the following roll call vote:

AYES: Lomelí, Gonzalez, and Alcantar
NOES: Guerrero
ABSENT: None
ABSTAIN: Lozoya (Recused herself due to proximity of property)

16. BUSINESS SESSION
A. Adoption of Proposed Resolution No. 22-44 In Support of Senate Bill 1245 Presented by the City Attorney

City Council/Successor Agency Minutes of 7/19/2022

Recommendation: The City Council is requested to adopt proposed Resolution No. 22- 44 supporting Senate Bill 1245.

Motion: Council Member Lomelí motioned to adopt proposed Resolution No. 22-44 supporting Senate Bill 1245, seconded by Council Member Lozoya. Motion passed 4-1 by the following roll call vote:

AYES: Lozoya, Lomelí, Gonzalez, and Alcantar
NOES: Guerrero
ABSENT: None
ABSTAIN: None
B. Adoption of Proposed Resolution No. 22-45 Dissolving the Parks and Recreations Commission, Establishing the Recreation, Arts, and Cultural Heritage Commission, and Adopting the Objectives and Policies for the Recreation, Arts, and Cultural Heritage Commission
Presented by the City Attorney
Recommendation: The City Council is requested to adopt proposed Resolution No. 22- 45 dissolving the Parks and Recreations Commission, establishing the Recreation, Arts, and Cultural Heritage Commission, and adopting the Objectives and Policies for the Recreation, Arts, and Cultural Heritage Commission.

Motion: Mayor Alcantar motioned to adopt proposed Resolution No. 22-45 dissolving the Parks and Recreations Commission, establishing the Recreation, Arts, and Cultural Heritage Commission, and adopting the Objectives and Policies for the Recreation, Arts, and Cultural Heritage Commission, seconded by Council Member Lomelí. Motion passed 4-0-1 by the following roll call vote:

AYES: Lozoya, Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: Guerrero
ABSTAIN: None
C. Adoption of Ordinance Amending Section 10.04.040 of Chapter 10.04 (Traffic Code) of Title 10 (Vehicles and Traffic) of the Cudahy Municipal Code Presented by the Administrative Services Director
Recommendation: The City Council is requested to adopt Ordinance No. 724 by first reading, amending Section 10.04.040 of Chapter 10.04 (Traffic Code) of Title 10 (Vehicles and Traffic) of the Cudahy Municipal Code.

Motion: Council Member Lomelí motioned to adopt Ordinance No. 724 by first reading, amending Section 10.04.040 of Chapter 10.04 (Traffic Code) of Title 10 (Vehicles and

City Council/Successor Agency Minutes of 7/19/2022

Traffic) of the Cudahy Municipal Code, seconded by Council Member Lozoya. Motion passed 4-0-1 by the following roll call vote:

AYES: Lozoya, Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: Guerrero
ABSTAIN: None
D. Creation and Appointment of Ad Hoc Rent Control Committee Presented by the City Clerk
Recommendation: The City Council is requested to create an Ad Hoc Rent Control Committee and appoint two council members to serve on the committee.

Motion: Mayor Alcantar motioned to create an Ad Hoc Rent Control Committee and appoint Council Member Lomelí and Mayor Alcantar to the committee, seconded by Council Member Lozoya, Motion passed 4-0-1 by the following roll call vote:

AYES: Lozoya, Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: Guerrero
ABSTAIN: None
E. Consideration to Appoint Board Members to the Planning Commission Presented by the City Clerk
Recommendation: The City Council is requested to review applications and appoint commission applicants to the Planning Commission.

Motion: Council Member Lomelí motioned to appoint the following to the Planning Commission: Vice Mayor Gonzalez appointed Martin U. Fuentes, Council Member Lomelí appointed Gustavo Mendez, Mayor Alcantar appointed Richard Corvera-Hernandez, Council Member Lozoya appointed Patricia Covarrubias, and keep current Vice Chair Gilbert Cuevas to the Planning Commission, seconded by Vice Mayor Gonzalez. Motion passed 4-0-1 by the following roll call vote:

AYES: Lozoya, Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: Guerrero
ABSTAIN: None

17. COUNCIL DISCUSSION – NONE

18. ADJOURNMENT

City Council/Successor Agency Minutes of 7/19/2022

Vice Mayor Gonzalez motioned to adjourn the City Council / Agency meeting at 8:39 p.m., seconded by Mayor Council Member Lozoya, Motion passed 4-0-1 by the following roll call vote:

AYES: Lozoya, Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: Guerrero
ABSTAIN: None

Elizabeth Alcantar
Mayor
ATTEST:

Richard Iglesias
City Clerk

City Council/Successor Agency Minutes of 10/04/2022

MINUTES
CUDAHY CITY COUNCIL REGULAR MEETING and
CITY OF CUDAHY AS SUCCESSOR AGENCY and

HOUSING SUCCESSOR AGENCY TO THE CUDAHY

DEVELOPMENT COMMISSION JOINT MEETING
October 4, 2022 6:30 P.M.

1. CALL TO ORDER
Mayor / Chair Alcantar called the meeting to order at 6:34 p.m.

2. ROLL CALL
PRESENT: Council / Agency Member Blanca Lozoya
Council / Agency Member Daisy Lomelí
Vice Mayor / Vice Chair Jose R. Gonzalez
Mayor / Chair Elizabeth Alcantar
ABSENT: Council / Agency Member Jack M. Guerrero
ALSO PRESENT: City Manager, Alfonso Noyola, City Attorney, Victor Ponto, City Clerk, Richard Iglesias, Finance Director, Joshua Calhoun, Senior Accountant, Charles Ortiz, Administrative Services Director, Brenda Rodriguez, Community Development Director Juan Arauz, Public Works Director, Aaron Hernandez, Management Analyst, Andres Rangel, and Executive Secretary, Janet Andrade.

3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Lomelí.

4. LAND ACKNOWLEDGEMENT
The Land Acknowledgment was led by Council Member Lomelí.

We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño-Tongva people. We show our respects to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.

5. PRESENTATIONS – NONE

6. CLOSED SESSION PUBLIC COMMENTS – NONE

7. CLOSED SESSION – NONE
Attachment B Page 18 of 92
City Council/Successor Agency Minutes of 10/04/2022

8. CLOSED SESSION ANNOUNCEMENT – NONE

9. PUBLIC COMMENTS
Bertha Martinez thanked Deputy Montes and the City for supporting them with traffic situation, stated Ellen Ochoa traffic situation has gotten better.

Susie de Santiago thanked Deputy Montes for assisting with the traffic situation at Ellen Ochoa stated they still need more support, mentioned if the same can be done at Teresa Hughes Elementary since they are experiencing traffic issues as well, also asked the city for more patrol at the parks.

10. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS
Council Member Lomelí commented staff is working on ideas for the “Dia De Los Muertos” event, asked if the Danza group can be included, thanked staff for being so attentive in between Council meetings or when she has questions, mentioned residents expressed the need of more parking signs throughout streets with the most updated hours, thanked public comments speakers for the updates on the Ellen Ochoa traffic situation.

Council Member Lozoya commented on the flags displayed for Hispanic Heritage Month, mentioned she has noticed a lot of graffiti and asked what the turnaround time for graffiti removal is and who can call to remove it.

Vice Mayor Gonzalez praised the team, thanked everyone for being here tonight, mentioned his excitement for the awesome events coming up, thanked Mr. Noyola, for leading the team empowering them to have the resources we need to be successful and get resident what they been asking for and what they deserve.

Mayor Alcantar commented on the flags displayed for Hispanic Heritage Month, excited to see the "Dia De Los Muertos" event back, and echoed Council Member Lomelí's comment about the Danza group, stated even having other groups like parent groups that lead a craft session or remembrance session, also mentioned staff to plan out a schedule to visit the parks more often, and encouraged Council to text, email or call city staff for any issues they might see arise, and encouraged residents to contact the city if help is needed.

11. CITY MANAGER REPORT (information only)

12. REPORTS REGARDING AD HOC, ADVISORY, STANDING OR OTHER COMMITTEE MEETINGS – NONE

13. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Motion: Council Member Lozoya motioned to waive full reading of resolutions and ordinances, seconded by Council Member Lomelí. Motion passed 4-0-1 by the following roll call vote:

City Council/Successor Agency Minutes of 10/04/2022

AYES: Lozoya, Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: Guerrero
ABSTAIN: None

14. CONSENT CALENDAR
A. Adoption of Proposed Ordinance Adding Section 3.16.140 (Alternate Procurement Procedure) of Chapter 3.16 (Purchasing System) of Title 3 (Revenue and Finance) of the Cudahy Municipal Code
Recommendation: The City Council is requested to adopt proposed Ordinance No. 726 by second reading, adding Section 3.16.140 (Alternate Procurement Procedure) of Chapter 3.16 (Purchasing System) of Title 3 (Revenue and Finance) of the Cudahy Municipal Code.

B. Adoption of Proposed Resolution No. 22-56 Proclaiming a Local Emergency, Ratifying the Proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and Re-Authorizing Remote Teleconference Meetings of the City Council, City Boards, and all Commissions of the City of Cudahy, for the Period from October 4, 2022, through November 3, 2022, Pursuant to Brown Act Provisions Recommendation: The City Council is requested to approve proposed Resolution No. 22-56 proclaiming a local emergency, ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and re-authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Cudahy, for the period from October 4, 2022, through November 3, 2022, pursuant to Ralph M. Brown Act provisions.

C. Consideration to Review and Approve Proclamation on Indigenous Peoples’ Day, 2022
Recommendation: The City Council is requested to approve and sign a proclamation on Indigenous Peoples’ Day, 2022.

D. Consideration to Review and Approve the Draft Minutes of August 2, 2022, Regular Meeting, August 8, 2022, Special Meeting and September 20, 2022, Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for August 2, 2022, August 8, 2022, and September 20, 2022.

Motion: Council Member Lomelí motioned to approve Consent Calendar items with changes to capitalize “Indigenous Peoples’ Day” throughout the proclamation on item 14C and changes to item 14D minutes of August 8th, section 2 absent, Guerrero’s name needs to be removed from absent, and item 4A last motion typo “motion failed” should read

City Council/Successor Agency Minutes of 10/04/2022

“motion passed” 3-0, seconded by Council Member Lozoya. Motion passed 4-0-1 by the following roll call vote:

AYES: Lozoya, Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: Guerrero
ABSTAIN: None

15. PUBLIC HEARING
A. Consideration to Adopt Resolution No. 22-57, Authorizing the Execution and Delivery of a Performance Contracting Agreement, Master Lease Purchase Agreement and an Escrow Agreement for the City-Wide Energy Efficiency Facilities Modernization Project
Presented by the Finance Director
Recommendation: The City Council is requested to approve the following: Approve and authorize the City Manager to execute Performance Contracting Agreement, Master Lease Purchase Agreement, Escrow Agreement, and other related agreements with Siemens Industry Inc. for the City-Wide Energy Efficiency Facilities Modernization Project. Adopt Resolution No. 22-57, Authorizing the Execution and Delivery of a Performance Contracting Agreement, Leasing Schedule #20011891, which Incorporates the terms and conditions of a Master Lease Purchase Agreement and an Escrow Agreement making Findings required by Government Code Section 4217.10 et seq. in connection with the City’s Renewable and Energy Efficiency Program.

At 7:07 p.m. Mayor Alcantar opened public comment.

Public Comments:

Susie de Santiago stated this is a good project but wants to confirm if the Lugo Park area listed is only the Public Works area or the fitness center and teen center with the roofing and lighting since there are issues with the roof in the entire building, not just Public Works area.

At 7:10 p.m. Mayor Alcantar closed public comment.

Motion: Mayor Alcantar motioned to approve the following: Approve and authorize the City Manager to execute Performance Contracting Agreement, Master Lease Purchase Agreement, Escrow Agreement, and other related agreements with Siemens Industry Inc. for the City-Wide Energy Efficiency Facilities Modernization Project. Adopt Resolution No. 22-57, Authorizing the Execution and Delivery of a Performance Contracting Agreement, Leasing Schedule #20011891, which Incorporates the terms and conditions of a Master Lease Purchase Agreement and an Escrow Agreement making Findings required by Government Code Section 4217.10 et seq. in connection with the City’s Renewable and Energy Efficiency Program, seconded by Council Member Lomelí. Motion passed 4-0-1 by the following roll call vote:

City Council/Successor Agency Minutes of 10/04/2022

AYES: Lozoya, Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: Guerrero
ABSTAIN: None

16. BUSINESS SESSION
A. Approval of Professional Services Agreement with Transtech Engineers, Inc., for On Call Design Engineering Services for Capital Improvement and Community Development Block Grant Projects
Presented by the Public Works Director
Recommendation: City Council is requested to award a Professional Services Agreement (PSA) for On Call Design Engineering Services for Capital Improvement and Community Development Block Grant Projects to Transtech Engineers, Inc.

Motion: Vice Mayor Gonzalez motioned to award a Professional Services Agreement (PSA) for On Call Design Engineering Services for Capital Improvement and Community Development Block Grant Projects to Transtech Engineers, Inc, seconded by Council Member Lomelí. Motion passed 4-0-1 by the following roll call vote:

AYES: Lozoya, Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: Guerrero
ABSTAIN: None
B. Approval of Professional Services Agreement for Facility Condition Assessment, Space Utilization Analysis, and Preventive Maintenance Plan Presented by the Public Works Director
Recommendation: The City Council is requested to award a Professional Services Agreement (PSA) to Bureau Veritas to conduct a City Facility Condition Assessment, Space Utilization Analysis, and Preventive Maintenance Plan, in the amount of $61,811.95.

Motion: Council Member Lomelí motioned to award a Professional Services Agreement (PSA) to Bureau Veritas to conduct a City Facility Condition Assessment, Space Utilization Analysis, and Preventive Maintenance Plan, in the amount of $61,811.95, seconded by Vice Mayor Gonzalez. Motion passed 4-0-1 by the following roll call vote:

AYES: Lozoya, Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: Guerrero
ABSTAIN: None

City Council/Successor Agency Minutes of 10/04/2022

17. COUNCIL DISCUSSION – NONE

18. ADJOURNMENT
Vice Mayor Gonzalez motioned to adjourn the City Council / Agency meeting at 7:28 p.m., seconded by Council Member Lozoya. Motion passed 4-0-1 by the following roll call vote:

AYES: Lozoya, Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: Guerrero
ABSTAIN: None

Elizabeth Alcantar
Mayor
ATTEST:

Richard Iglesias
City Clerk

Attachment
C

Blank Page

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
10/18/2022 Page 1 of 2

STAFF REPORT
Date: October 18, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Joshua Calhoun, Finance Director
Subject: Approval of the Local Agency Investment Fund (LAIF) for the Month of September 2022

RECOMMENDATION
The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of September 2022 in the amount of $11,223,201.06.

BACKGROUND

1. In 1955, the Pooled Money Investment Account (PMIA) started. LAIF became part of the PMIA. The oversight is provided by the Pooled Money Investment Board (PMIB) and an inhouse Investment Committee. The PMIB members consist of the State Treasurer, Director of Finance, and State Controller.

2. In 1977, LAIF was created as a voluntary program by Section 16429.1 et seq. of the California Government Code. The program was intended to be used as an investment alternative for California's local governments and special districts. The LAIF continues today under State Treasurer, Fiona Ma's administration.

3. On September 1, 2022, the balance in LAIF was $11,223,201.06 (See Attachment).

4. On September 30, 2022, the balance in LAIF was $11,223,201.06 (See Attachment).

ANALYSIS
The voluntary program offers local agencies the opportunity to participate in a major portfolio, which invests hundreds of millions of dollars, using the investment expertise of the State Item Number
14B

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
10/18/2022 Page 2 of 2

Treasurer’s Office investment staff at no additional cost to the taxpayer.

All securities are purchased under the authority of Government Code Section 16430 and 16480.4. The State Treasurer's Office takes delivery of all securities purchased on a delivery versus payment basis using a third-party custodian.

Cudahy Municipal Code Section 3.04.080 indicates, "Except as otherwise provided, no warrant shall be drawn or evidence of indebtedness issued unless there shall be at the time sufficient money in the treasury legally applicable to the payment of the same."

CONCLUSION
Once the City Council approves the current LAIF, this balance may be relied upon when determining if the City has sufficient funds available to pay demands and payroll as required by Cudahy Municipal Code Section 3.04.080.

FINANCIAL IMPACT
None

ATTACHMENT
A. Local Agency Investment Fund (LAIF) Balance

LOCAL AGENCY INVESTMENT FUND
General Account - City #98-19-225
Beginning Balance as of September 01, 2022 $11,223,201.06 LAIF Interest earned 0
Transfer from City operating account 0
Transfer to City operating account 0
Ending Balance as of September 30, 2022 $11,223,201.06
Attachment A Page 29 of 92
Blank Page

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
10/18/2022 Page 1 of 2

STAFF REPORT
Date: October 18, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Joshua Calhoun, Finance Director
Subject: Approval of the City Demands and Payroll Including Statement of Investment for the Month of September 2022

RECOMMENDATION
The City Council is requested to approve the Demands and Payroll in the amount of $1,750,512.85 including the Statement of Investments for the month of September 2022.

BACKGROUND

1. On December 13, 1993, Ordinance 476 was adopted and codified as Cudahy Municipal Code Section 3.04.080 indicating, "Except as otherwise provided, no warrant shall be drawn, or evidence of indebtedness issued unless there shall be at the time sufficient money in the treasury legally applicable to the payment of the same."

2. During the month, the following demands and payroll have been completed by the Finance Department:

Demands $2,013,863.35
Payroll Warrants 304,961.37
Total: $2,318,824.72
Attachment A
Attachment B
Item Number
14C

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
10/18/2022 Page 2 of 2

ANALYSIS
The Check Register Report (Attachment A), Payroll Warrants including payroll taxes and insurance premiums (Attachment B), Statement of Investment (Attachment C) indicate that the cash and investment balance was sufficient for disbursements for the month, a summary of cash received and disbursed by month during Fiscal Year (FY) 2022-23 (Attachment D), and a summary of cash received and disbursed by month during FY 2021-22 (Attachment E).

Cudahy Municipal Code Section 3.04.070 indicates, "Budgeted demands paid by warrant prior to audit by the council shall be presented to the council for ratification and approval..."

CONCLUSION
The Finance Director certifies to the accuracy and availability of funds for payment. A Demand/Warrant Register has been submitted to the City Council for approval in accordance with Cudahy Municipal Code Section 3.04.070.

FINANCIAL IMPACT
The Cash and Investment Report by Source (Attachment C) indicates that there are sufficient funds within the City’s holdings to meet the City’s cash flow requirements.

ATTACHMENTS
A. Accounts Payable Check Register Report.

B. Payroll Warrants including payroll taxes and insurance premiums C. Statement of Investments
D. Summary of Cash Receipt / Disbursement by Month FY 2022-23 E. Summary of Cash Receipt / Disbursement by Month FY 2021-22

City of Cudahy
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number
Vendor Name Check Description
WELLS FARGO BANK Page: 1
Time: 8:55 am
Date: 10/04/2022
Void/Stop
Date
Reconcile
Date
WELLS FARGO BANK Checks
53384 09/15/22 Printed 10672 5 STAR BUILDERS, INC. Deposit for proposal 27-2022 window 12,000.00 replacement
53385 09/15/22 Printed 2378-3 8330 ATLANTIC AVE INC Fuel for City Vehicles 08/21/22 to 1,541.50 08/31/22
ADVANCED IMAGING 377.00

SOLUTIONS
53386 09/15/22 Printed 10603 Kyocera 4053ci/Kyocera 7353ci 07/20 to 08/19/22
AJ CONSTRUCTION 8,200.00

SPECIALTIES,
53387 09/15/22 Printed 10724 Cudahy Park Restroom Partition 53388 09/15/22 Printed 1778 ALL CITY MANAGEMENT School Crossing Guard Serv 08/07/22 to 1,727.40 08/20/22
AMAZON CAPITAL SERVICES, 876.73
INC.
53389 09/15/22 Printed 10640 Supplies 08/31/22 to 09/05/22 AMERICAN CITY PEST & 457.00

TERMITE
53390 09/15/22 Printed 7995 Pest Control Services Sept 2022 - 7810 Otis Ave
53391 09/15/22 Printed 0057-4 AT & T Acct# 831-001-1071 968 08/16/22 to 14.04 09/15/22
53392 09/15/22 Printed 8021 AT & T MOBILITY Mobility Bill 08/03 - 09/02/22 Acct# 1,162.88 287293439262
53393 09/15/22 Printed 10133 AVANT-GARDE, INC. CDBG General Administration July 2022 1,320.00 53394 09/15/22 Printed 10499 BOXING 4 KIDS LA Boxing Instructors August 2022 1,192.50 53395 09/15/22 Printed 7019 BUSINESS CARD Acct# 5474 9704 3621 0249 08/05 to 4,584.78 09/04/22
53396 09/15/22 Printed 10046 CAMINO REAL CHEVROLET Vehicle Maint - 09 GMC Sierra 1500 Hyb 433.62 53397 09/15/22 Printed 0136 CITY OF SOUTH GATE Public Works Maint September 2022 75.00 53398 09/15/22 Printed 10711 CLEARNETWORK, INC. Computer endpoint protection September 395.84 2022
53399 09/15/22 Printed 8179 CODE PUBLISHING INC. Annual Web Fees 480.00 COUNTY OF LOS ANGELES IND 891.97
WAST
53400 09/15/22 Printed 1206 Project W0302010 Billing Period through June 22
53401 09/15/22 Printed 10723 DIONICIO SALAZAR DJ/Kareoke Senior Services August 2022 450.00 53402 09/15/22 Printed 9998 DOWNEY SIGN & LIGHTING Manufacture and install banner 4th of 2,464.00 July event
53403 09/15/22 Printed 10692 DS TECHNICIAN, INC. Preventive Maint Lugo Fitness for 1st Qtr 776.25 53404 09/15/22 Printed 10485 ENTERPRISE FM TRUST Toy, High, Ford Fusi & Chevy's 11,138.88 September 2022 Monthly Lease
53405 09/15/22 Printed 0569 FEDERAL EXPRESS SERVICES 1 Fedex Priority Overnight 40.97 53406 09/15/22 Printed 10581 FIESTA TAXI COOPERATIVE INC. Dial a Ride - Seniors August 2022 4,774.65 53407 09/15/22 Printed 6087 FIRST AMERICAN DATA TREE Property Detail Report 08/01 to 08/31/22 99.00 53408 09/15/22 Printed 2712 GEORGE A. PEREZ Reimb - Health Ins. Coverage August & 1,655.32 Sept 2022
GOLDEN STATE WATER 839.18

COMPANY
53409 09/15/22 Printed 0126-1 Water Services - 5229 Cecilia August 2022
53410 09/15/22 Printed 5795 GRANDE VISTA STEEL Flat Bar HR 20' 3/8 1.5 Steel 218.30 HINDERLITER DELLAMAS & 1,560.11
ASST
53411 09/15/22 Printed 2139 Contract Services Sales Tax July to September 2022
53412 09/15/22 Printed 9723 IT SYSTEM HOUSE, LLC IT outsourcing monthly fee 08/01/22 to 3,200.00 08/31/22
LA COUNTY SHERIFF'S 350,623.49

DEPARTMENT
53413 09/15/22 Printed 0197 Law Enforcement Services July 2022 53414 09/15/22 Printed 10598 LEAF Kyocera Copier/doc fees August 2022 422.70 53415 09/15/22 Printed 10721 LOOMIS Armored Car Service August 2022 269.24 53416 09/15/22 Printed 7014 NATIONWIDE ENVIRONMENTAL Streets/Park Sweeping August 2022 9,303.60 53417 09/15/22 Printed 10201-1 OLIVAREZ MADRUGA LAW August 2022 Legal Services Covid 19 67,433.76 Legal Response
53418 09/15/22 Printed 9717 PCAM, LLC Monthly Shuttle Services August 2022 15,241.86 53419 09/15/22 Printed 10081-2 QUADIENT FINANCE USA, INC. Acct# 7900 0440 3997 8501 07/21 to 445.41 08/21/22
53420 09/15/22 Printed 10184 RED WING SHOES Workboots for several Maint Employees 1,861.19 Attachment A

City of Cudahy
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number
Vendor Name Check Description
WELLS FARGO BANK Page: 2
Time: 8:55 am
Date: 10/04/2022
Void/Stop
Date
Reconcile
Date
WELLS FARGO BANK Checks
53421 09/15/22 Printed 10430 RIGHT OF WAY, INC. City Signs - Sign Door Remove and install 4,875.82 sign door
53422 09/15/22 Printed 2802 SAM'S CLUB Purchases made from Acct 1921 24.96 08/31/22 to 09/06/22
SOUTHERN CALIFORNIA 21,334.68
EDISON
53423 09/15/22 Printed 0070 Acct# 700402348364 07/12/22 to 08/31/22
SOUTHERN CALIFORNIA 20.93
EDISON
53424 09/15/22 Printed 0070 Acct# 700731663364 08/05/22 to 09/05/22
SOUTHERN CALIFORNIA 832.33
EDISON
53425 09/15/22 Printed 0070 Acct# 700305960272 05/18/22 to 08/17/22
SOUTHERN CALIFORNIA 10,041.15
EDISON
53426 09/15/22 Printed 0070 Acct# 700253825503 07/12 to 08/17/22 SOUTHERN CALIFORNIA 18.04
EDISON
53427 09/15/22 Printed 0070 Acct# 700675108122 08/01/22 to 08/29/22
SOUTHERN CALIFORNIA 68.49
EDISON
53428 09/15/22 Printed 0070 Acct# 700555566837 07/05/22 to 08/29/22
STATE COMPENSATION INS 15,995.16
FUND
53429 09/15/22 Printed 10643 Policy Number 9301250 Premium Charge 09/01-10/01/22
53430 09/15/22 Printed 10599 TIERRA WEST ADVISORS INC COA Administration July 2022 1,638.75 53431 09/15/22 Printed 8363 TIME WARNER CABLE Acct# 8448 30 044 0414354 4835 Clara 455.94 St. 08/27 to 09/26
53432 09/15/22 Printed 0079 TRACT 180 WATER COMPANY Water Service 07/01/22 to 08/31/22 3,580.54 TRACT 349 MUTUAL WATER 1,206.98
CO
53433 09/15/22 Printed 0078 Water Services 06/15/22 to 08/15/22 53434 09/15/22 Printed 9991 TRANSTECH ENGINEERING, INC. Project:20505 CUD ATP Cycle 2 CMCI 8,356.00 53435 09/15/22 Printed 8066 TYLER TECHNOLOGIES INC. Incode License Fees 27,679.00 UNDERGROUND SERVICE 64.25

ALERT-SC
53436 09/15/22 Printed 2859 Monthly database maint 08/22 New Ticket charges (31)
53437 09/15/22 Printed 5631 WELLS LOCK & KEY Door Lock/key services service call/clara 200.00 park
53438 09/15/22 Printed 9951 WILLDAN Professional Services Rendered through 7,636.75 08/31/22
53439 09/22/22 Printed 0069-2 SIEMENS INDUSTRY, INC. City-Wide Energy Efficiency Facilities 949,591.50 Modernization Proj
53440 09/28/22 Printed 10672 5 STAR BUILDERS, INC. Deposit for proposal 42-2022 City Hall 25,743.45 Cubicles
53441 09/28/22 Printed 2378-3 8330 ATLANTIC AVE INC Fuel for City Vehicles 09/11 to 09/20/22 1,210.05 53442 09/28/22 Printed 0001 AAA BURGLAR ALARM CO, Alarm Monitor Fee October thru 1,958.00 December 2022
ADVANCED IMAGING 280.94

SOLUTIONS
53443 09/28/22 Printed 10603 Kyocera 4053ci/7353ci 08/20 to 09/19/22 53444 09/28/22 Printed 10658 ALFONSO NOYOLA 2022 ICMA Annual Conference Sept 206.50 17-21 2022 Per diem
53445 09/28/22 Printed 1778 ALL CITY MANAGEMENT School Crossing Guard Services 3,102.12 08/21/22 to 09/03/22
AMAZON CAPITAL SERVICES, 2,966.35
INC.
53446 09/28/22 Printed 10640 Supplies 09/06/22 to 09/25/22 53447 09/28/22 Printed 10696 ANDRES RANGEL 2022 ICMA Annual Conference Sept 206.50 17-21 2022 Per diem
53448 09/28/22 Printed 10595 ARAMSCO INC Maintenance Supplies 1,916.49 AT & T LONG DISTANCE 45.03

SERVICE
53449 09/28/22 Printed 9966 Acct# 018 087 5708 001 Long Dist 323-771-2072
53450 09/28/22 Printed 10212 ATLAS BACKFLOW Backflow test River Rd & Clara St (8) 560.00 CENTRAL BASIN MUNICIPAL 404.42
WATER
53451 09/28/22 Printed 4546 Recycled Water Tier 1 July 2022 53452 09/28/22 Printed 0186 COUNTY OF LOS ANGELES Housing Costs for the month of Aug 2022 15,044.50 COUNTY OF LOS ANGELES IND 388.67
WAST
53453 09/28/22 Printed 1206 Project W0302010 Billing Period thru Aug 2022
53454 09/28/22 Printed 5552 CUDAHY AUTO CENTER Maint for Truck #7 Justin's truck car lube 79.48

City of Cudahy
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number
Vendor Name Check Description
WELLS FARGO BANK Page: 3
Time: 8:55 am
Date: 10/04/2022
Void/Stop
Date
Reconcile
Date
WELLS FARGO BANK Checks
53455 09/28/22 Printed 10734 DIVISION OF THE STATE 2022 2nd Qtr DGS DSA 786 46.80 53456 09/28/22 Printed 6086 EWING Repair irrigation at all city parks PVC BE 197.82 Pipe
53457 09/28/22 Printed 5532 FLAGTIME U.S.A. 22 Hispanic Heritage Flags display on 973.38 Atlantic Ave
HAULAWAY STORAGE 74.20

CONTAINERS
53458 09/28/22 Printed 10053 21 Ft. Container Rental Unit 09920 8/17 to 09/13/22
HOME DEPOT CREDIT 3,123.26

SERVICES
53459 09/28/22 Printed 2724 Hardware and Supplies 08/30 to 09/27/22
53460 09/28/22 Printed 9723 IT SYSTEM HOUSE, LLC IT outsourcing monthly fee April 2022 3,309.15 53461 09/28/22 Printed 10677 J.P.M. GLASS CO. 2 glasstops for Aaron and Richard 2,225.50 LA COUNTY SHERIFF'S 350,623.49

DEPARTMENT
53462 09/28/22 Printed 0197 Law Enforcement Services August 2022 53463 09/28/22 Printed 10655 LUIS AGUILAR Business Cards -Bertha, Noel 400.00 Veronica-Shirts for Recreation
53464 09/28/22 Printed 10679 M&J CARPETS CORPORATION 1 pallet of grafe flooring for City Hall 3,635.80 OCCUPATIONAL HEALTH 660.00

SERVICES
53465 09/28/22 Printed 5187 Pre Employment Physical August 2022 OMEGA INDUSTRIAL SUPPLY, 815.60
INC.
53466 09/28/22 Printed 10732 Mega Off, facelift for concrete and asphalt
53467 09/28/22 Printed 10733 PARTNERS IN DIVERSITY, INC. Yahaira A. Arvizu - Data Entry Clerk (12.5 942.50 hrs)
53468 09/28/22 Printed 10081-2 QUADIENT FINANCE USA, INC. Acct# 7900 0440 3997 8501 08/22 to 161.81 09/20/22
53469 09/28/22 Printed 10003 RODRIGUEZ BRENDA 2022 ICMA Annual Conference 9/17 - 206.50 9/21/22
53470 09/28/22 Printed 2802 SAM'S CLUB Purchases made 09/07 to 09/26/22 3,066.42 53471 09/28/22 Printed 10731 SKYLINE SAFETY AND SUPPLY Nitrile Gloves 823.01 53472 09/28/22 Printed 0071-1 SO CAL GAS Acct# 016 800 7800 1 5220 Santa Ana - 62.13 8/15 to 9/14
53473 09/28/22 Printed 0071-1 SO CAL GAS Acct# 041 883 6870 0 7810 Otis - 08/12 35.64 to 09/13/22
53474 09/28/22 Printed 0071-1 SO CAL GAS Acct # 073 000 7400 7 4835 Clara St 96.59 8/10 to 09/09/22
SOUTHERN CALIFORNIA NEWS 994.57
GROUP
53475 09/28/22 Printed 10483-1 Legal Services Rendered claims against the city
53476 09/28/22 Printed 10592 SPARKLETTS Acct# 886209420520024 08/22 to 222.70 09/12/22
STAPLES BUSINESS 1,039.56

ADVANTAGE
53477 09/28/22 Printed 5647 Acct# AL1876809 08/11/22 to 08/26/22 53478 09/28/22 Printed 8363 TIME WARNER CABLE Acct# 8448 30 044 0431291 5220 Santa 319.98 Ana St
53479 09/28/22 Printed 8066 TYLER TECHNOLOGIES INC. Data Analysis, Data Format Balancing 130.00 Reports
53480 09/28/22 Printed 5631 WELLS LOCK & KEY Door Lock/Key Services Bedwell Office, 427.00 Keys Facilitie
53481 09/28/22 Printed 9951 WILLDAN Building Official August 2022 22,968.00 Total Checks: 98 Checks Total (excluding void checks): 2,013,863.35 Total Payments: 98 Bank Total (excluding void checks): 2,013,863.35 Total Payments: 98 Grand Total (excluding void checks): 2,013,863.35

09/08/22 09/22/22 Total
(a) Direct Deposits 86,989.41 88,621.05 175,610.46
(b) ICMA Direct Deposit 3,310.00 3,310.00 6,620.00
(c) CalPERS Retirement 14,934.56 15,252.96 30,187.52
(d) Payroll taxes 19,230.05 19,530.43 38,760.48
(e) Medical 50,739.56 3,043.35 53,782.91
Total Amount 175,203.58 129,757.79 304,961.37
(a) Employees / Council Members / Commissioners
(b) Payments to ICMA
(c) Payments for CalPERS Retirement
(d) Federal / State payroll taxes and unemployment
(e) Medical Insurance

CITY OF CUDAHY
Payroll Warrants including payroll taxes and insurance premiums:

Attachment B

Type Issuer Amount % of Total
Checking - 7128 Wells Fargo 736.56 0.00%
Deposit - 4588 Wells Fargo 4,419,252.87 24.02%
Payroll - 4570 Wells Fargo 102,641.97 0.56%
Savings - 4752 Wells Fargo 330,091.73 1.79%
Successor Agency - 0688 Wells Fargo 2,310,842.70 12.56% Money Market Account Bank of New York (BNY) (a) 8,194.23 0.04% Pooled Savings State Local Agency 11,223,201.06 61.01%
Investment Fund (LAIF)
Total 18,394,961.12 100.00%
Pursuant to California Government Code Section 53646(b), I hereby certify that all investments held by the Authority are in compliance with state law and the agency's Statement of Investment Policy, and that there are sufficient funds within the agency's investment holdings to meet the Authority's cash flow requirements for the next six (6) months.

Respectfully submitted,
Joshua Calhoun
Joshua Calboun
Finance Director

CITY OF CUDAHY
Statement of Investments
09/30/2022
Attachment CPage 37 of 92
Month
Cash Receipts Disbursement
July 2022 $ 4,033,647.40 (a) 1,789,957.16 $
August 2022 1,686,604.16 1,750,512.85
September 2022 823,969.03 2,318,824.72 (b)
October 2022
November 2022
December 2022
January 2023
February 2023
March 2023
April 2023
May 2023
June 2023
Total: $ 6,544,220.59 5,859,294.73
Note (a) - Includes $2.819 M received from American Rescue Plan Act, Fund 530 Note (b) - Includes $949K paid to Siemens
Month
Cash Receipts Disbursement
July 2022 $ 845,547.28 $ 1,589,154.35 (1)
August 2022 1,012,769.79 1,077,279.74
September 2022 541,456.74 2,140,117.92 (2)
October 2022
November 2022
December 2022
January 2023
February 2023
March 2023
April 2023
May 2023
June 2023
Total: $ 2,399,773.81 $ 4,806,552.01
Average Per Month: 799,924.60 1,602,184.00
Note (1) - City liab. & workers comp insurance, and PERS unfunded pension liab.

City pre-payment option of PERS unfunded pension liability saved 3.5% interest ($12k) than paying on a monthly basis.

Note (2) - Includes $949K paid to Siemens
All Funds
General Fund
City of Cudahy
Summary of Cash Receipt/Disbursement by Month - FY 2022-2023 Attachment D

Month
Cash Receipts Disbursement
July 2021 $ 4,384,936.17 (a) 1,719,070.00 (b)
August 2021 1,302,245.06 1,724,180.11
September 2021 1,466,415.84 1,914,075.46
October 2021 1,180,116.32 951,668.82
November 2021 1,237,105.57 1,138,377.87
December 2021 1,067,809.93 861,657.95
January 2022 4,005,438.74 802,654.76
February 2022 963,370.98 1,063,520.04
March 2022 865,004.36 1,114,196.44
April 2022 1,177,290.04 778,141.92
May 2022 2,627,717.86 1,456,097.60
June 2022 1,839,140.97 1,261,663.52
Total: $ 22,116,591.84 14,785,304.49
Note (a) - Includes $2.819 M received from American Rescue Plan Act Note (b) - City liability, workers comp insurance, and PERS unfunded pension Month
Cash Receipts Disbursement
July 2021 $ 3,902,895.43 (1) 1,619,239.22 (2)
August 2021 1,279,409.42 669,082.58
September 2021 844,812.89 950,848.20
October 2021 879,973.23 784,400.59
November 2021 559,848.45 732,580.26
December 2021 446,464.02 672,977.93
January 2022 2,387,758.00 (3) 677,662.37
February 2022 682,478.37 656,951.12
March 2022 579,530.62 689,284.30
April 2022 653,561.53 703,644.94
May 2022 2,280,192.31 (4) 809,591.34
June 2022 453,988.59 895,818.39
Total: $ 14,950,912.86 9,862,081.24
Average Per Month: 1,245,909.41 821,840.10
Note (1) - Includes $2.819 M received from American Rescue Plan Act Note (2) - City liab. & workers comp insurance, and PERS unfunded pension liab.

Note (3) - Includes a $1,556,568 in Motor Vehicle In-lieu receipt Note (4) - Includes a $1,532,675 in Motor Vehicle In-lieu receipt City of Cudahy
Summary of Cash Receipt/Disbursement by Month - FY 2021-2022 All Funds
General Fund
Attachment E

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
10/18/2022 Page 1 of 2

STAFF REPORT
Date: October 18, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Joshua Calhoun, Finance Director
Subject: Informational Item – ARPA Utilization Plan Monthly Report (September 2022)

RECOMMENDATION
The City Council is requested to receive and file the ARPA Utilization Plan Monthly Report for the month of October 2022.

BACKGROUND

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

2. On September 6, 2022, the City Council adopted Resolution No. 22-53 Approving the Commitment of Fund Balance Pursuant to GASB 54.

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. These funds were approved for various projects. Additionally, the City Council approved $1,000,000 to Committed Fund Balance of the funds to 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.

Item Number
14D

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
10/18/2022 Page 2 of 2

For transparency, the Finance Department will provide monthly reports to the City Council summarizing the ongoing use of the funds.

As of September 2022, the City has expended $3,274,074 of the approved funds. Of which $100,000 of the $1,000,000 Committed Fund Balance has been appropriated with $900,000 remaining for future Strategic Plan Program Implementation.

CONCLUSION
The provided report will provide transparency as to the utilization of the ARPA Funds for the City’s monthly reporting.

STRATEGIC PLAN CORRELATION
Goal D (Financial Stability and Transparency), Objective:

1.Provide regular updates to the City Council and community about the City’s finances.

FINANCIAL IMPACT
None.

ATTACHMENTS
A. ARPA Utilization Plan – Status Financial Report – September 2022

City of Cudahy
American Rescue Plan Act (ARPA) ‐ Utilization Plan
State and Local Fiscal Recovery Funds (SLFRF)
Status Financial Report ‐ September 2022
Total City Allocation $     5,638,206.00
Total Cumulative Expenditures** $     5,638,206.00
Approved
Amount
Expenditures to
Date  Project Status

APPROVED PROJECTS
City Reserves $     2,150,056.00 $     2,150,056.00 Completed **Revenue Stabilization Plan
Council Approval: 8/16/2022
City‐Wide Energy Efficiency Facilities
Modernization Project $     1,435,000.00 $         949,591.50 In‐Progress Project Contingency (10%) $        600,000.00
Council Approval: 8/16/2022
Strategic Plan Program Implementation $     1,000,000.00 **Approved by City Council (Committed Fund Balance)
Council Approval: 9/6/2022
Hub Cities Consortium Financial Support $        100,000.00 In‐Progress Council Approval: 9/6/2022
Remaining Committed Fund Balance $        900,000.00
Strategic Plan $           50,000.00 $           47,662.00 Completed Financial Software Upgrade $        128,150.00 $           44,167.80 In‐Progress City Facilities Condition Assessment, $        175,000.00 $ ‐ In‐Progress Maintenance Plan and Space Utilization Study
Employee Lump Sum Compensation $        100,000.00 $           82,596.37 Completed **Hero Pay
TOTAL $     5,638,206.00 $     3,274,073.67
**Pursuant to Final Rule issued by the U.S. Department of the Treasury, the SLFRF funds may be used towards government services (ie. public safety, police). Based on expenditures incurred for police services between March 2021 to June 2022 the City has claimed such allowable expenditures against the amount allocated to the City.

This reimbursed the City's General Fund for the costs during that period as a result of the pandemic.

As the City's General Fund received "reimbursement" of prior costs incurred, the City will be utilizing these "one‐ time" funds for the following purposes:

Attachment A Page 43 of 92
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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
10/18/2022 Page 1 of 2

STAFF REPORT
Date: October 18, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Andres Rangel, Management Analyst
Subject: Consideration to Approve Proposed Contract Authorization Increase with Parking Company of America Management (PCAM) for Citywide Shuttle Services

RECOMMENDATION
The City Council is requested to approve the following:

1. Approve the Proposed Contract Authorization Increase to the Master Services Agreement between the City and Parking Company of America Management (PCAM) to adjust rates accordingly to the allowable Consumer Price Index agreed in the Master Services Agreement for Citywide Shuttle Services.

2. Adopt Resolution No. 22-58 to augment the Fiscal Year 22-23 City Budget, appropriating an additional $78,118.36 for Citywide Shuttle Services.

BACKGROUND

1. On February 7, 2022, City Council approved an agreement between the City and Parking Company of America Management (PCAM) for Citywide Shuttle Services.

2. On October 10, 2022, PCAM provided an updated rate sheet factoring in the allowable consumer price index (CPI) adjustment.

ANALYSIS
PCAM provides citywide transit services along a fixed route that covers the City’s points of interests and commercial areas. Additionally, it provides transportation services for special events such as senior and youth excursions.

Item Number
16A

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
10/18/2022 Page 2 of 2

The original Master Services Agreement (Attachment A) proposed a three-year pricing schedule allowing PCAM to increase rates per the CPI rate, capped at 3%. The final CPI adjustment was in 2015. As of 2015, the City has been charged $52.74 per hour to provide services.

PCAM has therefore requested to update its rates by the originally agreed upon 3% CPI annual adjustment. New adjusted rates are based on adding an annual 3% to 2015’s rate, adjusting the new 2022 rate to $66.03, for a not to exceed annual cost of $278,118.36.

Attachment B provides the Proposed Contract Authorization Increase as well as the Proposed Five-Year Annual Price Cost. Projected rates are based off the 3% CPI allowable adjustment. If approved, the rates would be made effective July 1, 2022.

Approving these adjusted rates would allow the City to continue providing citywide shuttle services at a rate that is competitive and fair for both parties.

CONCLUSION
To continue providing Citywide shuttle services at a reasonable and competitive rate, city staff recommends that City Council approve this Contract Authorization Increase.

STRATEGIC PLAN CORRELATION
Approving this item aligns with Goal E, City Infrastructure and Service Delivery, strategy 1, of the Strategic Plan: Ensure high-quality infrastructure to continue connectivity throughout the community.

FINANCIAL IMPACT
$200,000 was allocated to the FY 22-23 City Budget for fixed route services. If approved, the new rate adjustments would increase this allocation to $278,118.36. There is no impact to the general fund. This activity is fully funded by Prop A funds.

ATTACHMENTS
A. Service Agreement between PCAM, LLC and City of Cudahy B. Proposed Contract Authorization Increase
C. Resolution No. 22-58

SERVICE AGREEMENT
With
(PCAM, LLC D/B/A PARKING COMPANY OF AMERICA MANAGEMENT) THIS SERVICE AGREEMENT ("Agreement") is made and entered into this 7th day of February 20 12 (hereinafter, the "Effective Date"), by and between the CITY OF CUDAHY, a municipal corporation ("CITY") and PCAM, LLC D/B/A PARKING COMPANY OF AMERICA MANAGEMENT, a LIMITED LIABILTY COMPANY (hereinafter,"CONTRACTOR"). For the purposes of this Agreement CITY and CONTRACTOR may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONTRACTOR interchangeably.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows:

RECITALS
Whereas, CITY desires to provide Fixed Scheduled Shuttle Services to individuals who reside in the Cudahy; and
Whereas, CONTRACTOR operates a transportation service and is, therefore, capable of providing the Fixed Scheduled Shuttle Services to eligible City residents; and Whereas, CONTRACTOR has submitted a proposal for the performance of the services above described and warranted to CITY that it is possessed of the requisite skills needed in order to complete said services; and
Whereas, CITY has accepted the proposal submitted by CONTRACTOR and authorized the award of the Contract to CONTRACTOR.

I.

TERMS OF AGREEMENT

1.1 SCOPE OF SERVICES: Subject to the terms and conditions set forth in this Agreement and all exhibits attached and incorporated hereto, CONTRACTOR agrees to perform the services and tasks set forth below (hereinafter referred to as the "Scope of Services").

A. Services to be performed by CONTRACTOR under this Agreement shall be as follows:

1. The CONTRACTOR shall transport City residents utilizing a Fixed Schedule Shuttle Services at set locations and predesignated hours from Monday through Saturday.
1 Attachment A Page 47 of 92

2. Days and Hours of Operation: The shuttle services under this Agreement shall be provided as follows: Monday through Friday from 7:00 AM to 6:00 PM. Saturday from 8:00 AM to 5:00 PM. Shuttle services pursuant to this Agreement shall also be provided on the following holidays without exception: New Year's Day, Memorial Day, July 4, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day.

3. Fixed Schedule: City and Contractor shall establish a shuttle service schedule providing for regular pickup and drop-off City residents at fixed locations throughout the City. City and Contractor shall agree on fixed locations for pickup and drop-off and intervals of pickup and drop-off during the hours of operation provided above.

4. Eligible CITY residents are individuals that reside within the City. City residents shall not pay a fare for services provided by CONTRACTOR.

CONTRACTOR must insure the passengers provide documentation that they reside in the CITY. Compensation for CONTRACTOR services shall be paid in the manner provided below.

5. Complaints: All complaints must be responded to by the CONTRACTOR within one week of the time the complaint is received. The response should be a form, which specifically addresses the complaint and explains the reason for the events, which precipitated the complaint. A copy of each complaint and any letter sent by CONTRACTOR in response to complaints must be sent to the City Manager. CITY shall document all complaints and citizen concerns. The CITY may request that a driver be removed from the provision of services under this contract.

6. Incident Reports: Drivers shall be required to complete "Incident Reports" arising out of any unusual occurrence during service. The reports shall be submitted to the CITY for review within 48 hours of its occurrence. Incidents to be reported are disputes with passengers, passenger injury, illness or misconduct, accidents while boarding or disembarking a service vehicle or any other incident that does not follow established service policies.

7. Accident Reports: All vehicle accidents shall be reported to CITY staff by telephone immediately during normal business hours and not later than first thing the following day. A police report must be requested and filed immediately with the CITY. CONTRACTOR shall submit Accident Reports to the CITY within twenty-four hours of an accident.

8. CONTRACTOR shall gather ridership data and report such information to the City Administrator on a monthly basis.
2

9. Vehicles, Maintenance, Appearance/Inspections:
(A.1) Vehicles: It shall be CONTRACTOR's responsibility to maintain and operate all participating vehicles at its sole cost and expense, and CONTRACTOR shall pay all costs
relating to maintenance, insurance, fuel, taxes, fringe benefits, licensing, dispatching, radio equipment, training, supervision, management, service monitoring, and
vehicular accident reporting. All such liability shall be the sole responsibility of CONTRACTOR. CONTRACTOR
shall maintain a comprehensive file detailing the history of maintenance and repair work performed on each vehicle.

At a minimum CONTRACTOR shall perform preventative
maintenance on each vehicle every 3,000 miles or 45 days, whichever occurs first. All vehicles must pass inspections by DMY, California Highway Patrol or other agencies as
required forthwith and at the CONTRACTOR'S expense.
(A.2) Vehicle exteriors shall be washed not less than once per week, and after any rain or other circumstances that
compromise the vehicles' clean appearance. Floors shall be free of stains, paper or other debris, gum or other sticky substances. Windows shall be free of dirt, dust smudges, hands or fingerprints, exterior and interior. Dashboards, wheel wells, rails and ledges shall be kept clean, dirt and grease free. Seating areas shall be kept clean and in good repair with attention paid to cleaning upholstery on a
regular basis. Wheelchair lifts shall be kept clean and in good repair.
(A.3) CITY reserves the right to remove from service any vehicle that does not meet its appearance and cleanliness standards.

Also all vehicles must met CHP inspection requirements
and all systems must be in good working order. All vehicles must be equipped with handrails, grabs and guards.
(A.4) CITY reserves the right to inspect, examine or test any equipment used in the performance of operations to provide the Services outlined in this agreement. The inspections may take place in the form of vehicle inspections, ridealongs, visual cleanliness inspections, inspection of records pertinent to the program operations, or other inspections needed.
(A.5) CONTRACTOR shall provide a back-up 12 passenger
ADA compliant shuttle and use said shuttle in the event 3

that a backup shuttle is needed at no additional cost to the CITY.
(A.6) Upon receipt of notice form the CITY, the CONTRACTOR shall promptly correct any deficiency in CONTRACTOR's
performance of this Agreement.
(A 7) CONTRACTOR shall provide all operating facilities required to operate this Agreement including vehicle
parking and maintenance facilities and dispatch and
administrative offices.

1.2 EXCLUSIVITY: During the term of this Agreement, and to the extent permitted by law, CONTRACTOR shall have the exclusive right to operate the Fixed Schedule Shuttle Service. CITY shall not enter into any agreement with any other person or entity for the operation of a similar system without the prior written consent of CONTRACTOR.

1.3 COMPENSATION:

A. CONTRACTOR's total compensation for the performance and completion of the Scope of Services shall not exceed the sum of one hundred thousand fifty five, six hundred and seventy with 09/100 DOLLARS ($155,670.09) (hereinafter, the "Not-to-Exceed Sum for Year One") for year one of the Agreement except as provided in section 1.3(B) below. For year two for performance and completion of the Scope of Services shall not exceed the sum of one hundred sixty, three hundred and fifty two and 14/100 DOLLARS ($160,352.14) (hereinafter, the "Not-to-Exceed Sum for Year Two") for year two of the Agreement for year two of the Agreement except as provided in section 1.3(B) below. For year three for performance and completion of the Scope of Services shall not exceed the sum of one hundred and sixty-five thousand one hundred and sixty-three and 35/100 DOLLARS ($165,163.35) (hereinafter, the "Not-to-Exceed Sum for Year Three") for year three of the Agreement for year three of the Agreement except as provided in section

1.3(B) below.

B. Exception to the Not-to-Exceed Sum: The City shall pay CONTRACTOR the sum of no more than $4,000 per contract year for holiday shuttle service as outlined in section 1.1(A)(2). This yearly additional sum shall be in addition to the compensation provided in section 1.3(A) above. The sum provided herein shall include all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete all services under this Agreement.

C. CONTRACTOR further agrees that the Not-to-Exceed Sum for each year is inclusive of compensation for all labor, materials, tools, supplies, equipment, 4

services, tasks and incidental and customary work necessary to competently perform and timely complete all services under this Agreement except as provided in section 1.3(B) above. The annual revenue hours that Contractor must complete to achieve full payment of the "Not-to-Exceed Sum" for each year shall be 3,229 Revenue Service Hours. Revenue Service Hours (hereinafter referred to as "RSH") is defined as the hours the vehicle is in revenue service from its pick-up in the morning to its last drop-off. This excludes travel to and from the CONTRACTOR'S maintenance and repair facilities, fueling facilities, driver's breaks, training, road tests, vehicle breakdowns, downtime and deadhead time.

D. The Not-to-Exceed Sum for each respective year shall be paid to CONTRACTOR in monthly increments as the services are completed for the respective year. Following the conclusion of each calendar month, CONTRACTOR shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty-five ( 45) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.

E. Service Costs: Service for vehicles used to perform this Agreement are charged on a revenue service hour basis. The current rate is $48.50.

1.4 ACCOUNTING RECORDS: CONTRACTOR shall maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement.

CONTRACTOR shall be required to maintain all records regarding this Agreement and services provided hereunder as required by the CITY, the Los Angeles County Metropolitan Transportation Authority (MTA) and State and Federal law and regulations. Contractor shall meet the MTA's National Transit Database reporting requirements and meet the FTA 5310 and 5317 program requirements for record keeping. CITY shall have the right to access and examine such records, without charge, during normal business hours. CITY shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

1.5 ABANDONMENT BY CONTRACTOR: In the event CONTRACTOR ceases to perform the services agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by 5

CONTRACTOR in the performance of this Agreement. Furthermore, CONTRACTOR shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONTRACTOR's cessation or abandonment.

II.

PERFORMANCE OF AGREEMENT

2.1 CITY'S REPRESENTATIVES: The CITY hereby designates the City Manager or Director of Community Services (hereinafter, the "CITY Representatives") to act as its representatives for the performance of this Agreement. The City Manager shall be the chief CITY Representative. The CITY Representatives or their designee shall act on behalf of the CITY for all purposes under this Agreement. CONTRACTOR shall not accept directions or orders from any person other than the CITY Representatives or their designee.

2.2 CONTRACTOR REPRESENTATIVE: CONTRACTOR hereby designates Eric Chaves to act as its representative for the performance of this Agreement (hereinafter, "CONTRACTOR Representative"). CONTRACTOR Representative shall have full authority to represent and act on behalf of the CONTRACTOR for all purposes under this Agreement. CONTRACTOR Representative or his designee shall supervise and direct the performance of the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONTRACTOR Representative shall constitute notice to CONTRACTOR.

2.3 COORDINATION OF SERVICE: CONFORMANCE WITH REQUIREMENTS :

CONTRACTOR agrees to work closely with CITY staff in the performance of the Services and this Agreement and shall be available to CITY staff and the CITY Representatives at all reasonable times. All work prepared by CONTRACTOR shall be subject to inspection and approval by CITY Representatives or their designees.

2.4 STANDARD OF CARE: PERFORMANCE OF EMPLOYEES: CONTRACTOR represents, acknowledges and agrees to the following:

A. CONTRACTOR shall perform all Services skillfully, competently and to the highest standards of CONTRACTOR's profession;
B. CONTRACTOR shall perform all Services in a manner reasonably satisfactory to the CITY;
C. CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government 6

Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.);
D. CONTRACTOR understands the nature and scope of the services to be performed under this Agreement as well as any and all schedules of performance;
E. All of CONTRACTOR's employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONTRACTOR; and
F. All of CONTRACTOR's employees and agents (including but not limited to sub-contractors and sub-contractors) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement and made available to CITY for copying and inspection. The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR's own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONTRACTOR's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR's employees, agents, contractors, sub-contractors and sub-contractors. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the CITY Representatives in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY's acceptance of any services performed by CONTRACTOR or on CONTRACTOR's behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the services skillfully, competently and to the highest standards of CONTRACTOR's profession.

G. ASSIGNMENT: The skills, training, knowledge and experience of CONTRACTOR are material to CITY's willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONTRACTOR or on behalf of CONTRACTOR in the performance of this Agreement. In recognition of this interest, CONTRACTOR agrees that it shall not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONTRACTOR's duties or obligations under this Agreement without the 7

prior written consent of the CITY. In the absence of CITY's prior written consent, any attempted assignment or transfer shall be ineffective, null and void and shall constitute a material breach of this Agreement.

H. CONTROL AND PAYMENT OF SUBORDINATES: INDEPENDENT
CONTRACTOR: The Services shall be performed by CONTRACTOR or under CONTRACTOR's strict supervision. CONTRACTOR will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. CITY retains CONTRACTOR on an independent contractor basis and not as an employee. CONTRACTOR reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such does not unduly interfere with CONTRACTOR's competent and timely performance of the Services contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY's confidential or proprietary information. Any additional personnel performing the Services under this Agreement on behalf of CONTRACTOR are not employees of CITY and shall at all times be under CONTRACTOR's exclusive direction and control. CONTRACTOR shall pay all wages, salaries and other amounts due such personnel and shall assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONTRACTOR shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers' compensation insurance and the like.

2.5 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONTRACTOR's officers, employees, agents, contractors, sub-contractors or sub- consultant are determined by the CITY Representatives to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONTRACTOR, a threat to persons or property, or if any of CONTRACTOR's officers, employees, agents, contractors, sub-contractors or sub-consultant fail or refuse to perform the Services in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or sub-consultant shall be promptly removed by CONTRACTOR and shall not be reassigned to perform any of the Services.

2.6 COMPLIANCE WITH LAWS: CONTRACTOR shall keep itself informed of and in compliance with all applicable federal, State or local laws to the extent such laws control or otherwise govern the performance of the Services.

CONTRACTOR's compliance with applicable laws shall include without limitation compliance with all applicable CaVOSHA requirements.

2.7 NON-DISCRIMINATION: In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, subcontractor, subcontractor, or applicant for employment because of race, color, creed, religion, 8

sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition.

2.8 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONTRACTOR and all persons retained or employed by CONTRACTOR are, and shall at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY. CONTRACTOR shall be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subcontractors. CONTRACTOR and all persons retained or employed by CONTRACTOR shall have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONTRACTOR under this Agreement or is otherwise expressly conferred by CITY in writing.

III.

INSURANCE

3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of this Agreement, CONTRACTOR will procure and maintain polices of insurance that meet the requirements and specifications set forth under this Article. CONTRACTOR shall procure and maintain the following insurance coverage, at its own expense:

A. Commercial General Liability Insurance: CONTRACTOR shall procure and maintain Commercial General Liability Insurance ("CGL Coverage") as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

B. Automobile Liability Insurance: CONTRACTOR shall procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

C. Workers' Compensation Insurance/ Employer's Liability Insurance: A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both CONTRACTOR and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring 9

to any worker employed by or any persons retained by CONTRACTOR in the course of carrying out the Services contemplated in this Agreement.

D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONTRACTOR shall procure and maintain Errors and Omissions Liability Insurance appropriate to CONTRACTOR's profession. Such coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and shall be endorsed to include contractual liability.

3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance shall contain an endorsement naming the CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers as additional insureds.

3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement shall be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance shall be procured from insurers who, according to the latest edition of the Best's Insurance Guide, have an A.M. Best's rating of no less than A: VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor's rating of no less than BBB according to the latest published edition of the Standard & Poor's rating guide. As to Workers' Compensation Insurance/ Employer's Liability Insurance, the CITY Representatives are authorized to authorize lower ratings than those set forth in this Section.

3.4 PRIMACY OF CONTRACTOR'S INSURANCE: All polices of insurance provided by CONTRACTOR shall be primary to any coverage available to CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers shall be in excess of CONTRACTOR's insurance and shall not contribute with it.

3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR or CONTRACTOR's officers, employees, agents, sub- contractors or sub-contractors from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY.

3.6 VERIFICATION OF COVERAGE: CONTRACTOR acknowledges, understands and agrees that CITY's ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY's financial well-being and, indirectly, the collective well-being of the residents of the CITY. Accordingly, CONTRACTOR warrants, represents and agrees that it shall furnish CITY with original certificates of insurance and endorsements 10

evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the CITY if requested. All certificates of insurance and endorsements shall be received and approved by CITY as a condition precedent to CONTRACTOR's commencement of any Services under this Agreement. Upon CITY's written request, CONTRACTOR shall also provide CITY with certified copies of all required insurance policies and endorsements.

IV

INDEMNIFICATION

4.1 The Parties agree that CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the "CITY Indemnitees") should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of CONTRACTOR's commitment to indemnify, defend and protect CITY as set forth herein.

4.2 To the fullest extent permitted by law, CONTRACTOR shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's performance of Services hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.

4.3 CITY shall have the right to offset against the amount of any compensation due CONTRACTOR under this Agreement any amount due CITY from CONTRACTOR as a result of CONTRACTOR's failure to pay CITY promptly any indemnification arising under this Article and related to CONTRACTOR's failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws. 11

4.4 The obligations of CONTRACTOR under this Article will not be limited by the provisions of any workers' compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers.

4.5 CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Article from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations from others as required herein, CONTRACTOR agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONTRACTOR's subcontractors or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.

4.6 CITY does not, and shall not, waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

4. 7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity. v.

TERMINATION

5.1 TERMINATION WITHOUT CAUSE: CITY may terminate this Agreement at any time for convenience and without cause by giving CONTRACTOR a minimum of sixty (60) calendar day's prior written notice of CITY's intent to terminate this Agreement. Upon such termination for convenience, CONTRACTOR shall be compensated only for those services and tasks which have been performed by CONTRACTOR up to the effective date of the termination. CONTRACTOR may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONTRACTOR to provide all finished or unfinished Documents and Data, as defined in Section 7.1 below, and other information of 12

any kind prepared by CONTRACTOR in connection with the performance of the Agreement. CONTRACTOR shall be required to provide such Documents and Data within fifteen (15) calendar days of CITY's written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, shall operate to prohibit or otherwise restrict CITY's ability to terminate this Agreement for convenience as provided under this Section.

5.2 EVENTS OF DEFAULT: BREACH OF AGREEMENT:

A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under Sections

5.2.B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

In addition to any other failure on the part of CONTRACTOR to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONTRACTOR shall include, but shall not be limited to the following: (i) CONTRACTOR's refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONTRACTOR's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONTRACTOR's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv)the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (v) CONTRACTOR's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY's discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false, misleading or erroneous in any material respect.

B. CONTRACTOR shall cure the following Events of Defaults within the following time periods:
13

1. Within twenty (20) business days of CITY's issuance of a Default Notice for any failure of CONTRACTOR to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONTRACTOR is obligated to provide to CITY or CITY's employees or agents under this Agreement.

Prior to the expiration of the 3-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 20-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2 B.l. that exceeds seven (?)calendar days from the end of the initial 20-day cure period; or

2. Within fourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section

5.2B.2. that exceeds thirty (30) calendar days from the end of the initial14- day cure period.

C. CITY shall cure any Event of Default asserted by CONTRACTOR within forty-five ( 45) calendar days of CONTRACTOR's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45- day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY's failure to timely pay any undisputed sums to CONTRACTOR as provided under Section 1.3, above, shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR's Default Notice to CITY.

D. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR's performance under this Agreement pending
CONTRACTOR's cure of any Event of Default by giving CONTRACTOR written notice of CITY's intent to suspend CONTRACTOR's performance (hereinafter, a "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable 14

satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.

E. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:

1. Upon written notice to CONTRACTOR, the CITY may immediately terminate this Agreement in whole or in part;

2. Upon written notice to CONTRACTOR, the CITY may extend the time of performance;

3. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR's breach of the Agreement or to terminate the Agreement; or

4. The CITY may exercise any other available and lawful right or remedy.

CONTRACTOR shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY's exercise of its remedies under this Agreement.

G. In the event CITY is in breach of this Agreement, CONTRACTOR's sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks.

H. Term: Unless terminated earlier in accordance with sections 5.1 and 5.2 above the Agreement shall continue in full force and effect for a period of . three years from the date of commence of services. The Agreement thereafter shall continue thereafter on a month to month basis utilizing year three of this Agreement as the basis to determine the monthly payment. Termination during this period of time shall only require a written notice of termination to Contractor and all services shall terminate forthwith.
15

I. Extended Term: At the option of the City, this Agreement may be extended beyond the date of specified in paragraph 5.2(H) above for an additional two (2) year term provided the City gives notice of its election to so extend not later than thirty (30) calendar days prior to April 3, 2015. The compensation shall be paid to Contractor for each additional year shall be equal to 3% more annually than the prior year ..

5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

5.4 SURVIVING ARTICLES. SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto shall not operate to terminate any Article, Section or provision contained herein which provides that it shall survive the termination or normal expiration of this Agreement.

VI.

MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA: LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data shall be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term "Documents and Data" means and includes all reports, analyses, correspondence, plans, drawings, designs, renderings, specifications, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONTRACTOR in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONTRACTOR shall require all subcontractors and sub-contractor working on behalf of CONTRACTOR in the performance of this Agreement to agree in writing that CITY shall be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor as applies to Documents and Data prepared by CONTRACTOR in the performance of this Agreement.

6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONTRACTOR or provided for performance of this 16

Agreement are deemed confidential and shall not be disclosed by CONTRACTOR without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. Upon request, all CITY data shall be returned to CITY upon the termination or expiration of this Agreement.

CONTRACTOR shall not use CITY's name or insignia, photographs, or any publicity pertaining to the Services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

6.3 FALSE CLAIMS ACT: CONTRACTOR warrants and represents that neither CONTRACTOR nor any person who is an officer of, in a managing position with, or has an ownership interest in CONTRACTOR has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.

6.4 NOTICES: All notices permitted or required under this Agreement shall be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

CONTRACTOR
Parking Company of America Management
Attn: Eric Chaves
Address:11101 Lakewood Blvd Downey, Ca
90241
Phone: 562-862-2118
Fax: 562-862-4409
CITY
City of Cudahy
5220 Santa Ana Street
Cudahy, CA 90201
Attn: Hector Rodriguez, City Manager
Phone: 323-773-5143
Fax: 323-771-2072
Such notices shall be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight ( 48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.5 COOPERATION: FURTHER ACTS: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

6.6 SUBCONTRACTING: CONTRACTOR shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with sub-contractor), if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification. 17

6.7 CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONTRACTOR.

6.8 PROHIBITED INTERESTS: CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement. Further, CONTRACTOR warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to rescind this Agreement without liability.

For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

6.10 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

6.11 ATIORNEYS' FEES: If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys' fees and all other costs of such action.

6.12 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.

6.13 NO THIRD PARTY BENEFIT: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

6.14 CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed in favor of, or against, either Party but shall be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
18

6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

6.16 AMENDMENT: MODIFICATION: No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.

6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

6.18 ENTIRE AGREEMENT: This Agreement including all attached exhibits is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and CONTRACTOR prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to this Agreement shall be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.16, above.

6.19 COUNTERPARTS: This Agreement shall be executed in three (3) original counterparts each of which shall be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterparts shall be valid or binding unless made to all three counterparts in conformity with Section 6.16, above. One fully executed original counterpart shall be delivered to CONTRACTOR and the remaining two original counterparts shall be retained by CITY.

Ill
Ill
Ill
19

IN WITNESS WHEREOF, the Parties here to have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF CUDAHY
By: O:DVV\~ David M. Silva,
Mayor
ATTEST:

APPROVED AS TO FORM:

By: ____________ __
Edgar Coronado,
20 PCAM, LLC D/B/A PARKING

COMPANY OF AMERICA

MANAGEMENT, A LIMITED

LIABILITY OMPANY
By:. ~----------­ Eric Chaves,
President

IN WITNESS WHEREOF, the Parties here to have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF CUDAHY
By: C)j)IM~ David M. Silva,
Mayor
ATTEST:

Angela Bustamant ,
Deputy City Clerk
APPROVED AS TO FORM:
20 PCAM, LLC D/B/A PARKING

COMPANY OF AMERICA

MANAGEMENT, A LIMITED

LIABILITY COMPANY
By: _______ _
Eric Chaves,
President

PARKING COMPANY OF AMERICA 3165 GARFIELD AVE. COMMERCE CA 90040 (562) 862-2118 From: PCAM LLC
3165 Garfield Ave. Commerce CA 90040
(562) 862-2118
To: Alfonso Noyola – City Manager - City of Cudahy
5220 Santa Ana St, Cudahy, CA 90020
Subject: Hourly Rate Increase

CONTRACT AUTHORIZATION INCREASE
The parties to this CONTRACT AUTHORIZATION INCREASE Parking Company of America and the City of Cudahy mutually agree to the use of the Contract listed below:

Contract Number: N/A
Contract Name: Agreement for operations of public transit services in the city of Cudahy Description of services: Provide public transit service of fixed route in the city of Cudahy.

Whereas, the Agreement expired in 2015 and has received no increases since its expiration. Since the Agreement’s expiration, PCAM LLC’s cost have risen dramatically because of the following.

1.- Cudahy’s provided vehicle has been out of service for approximately 2 years and PCAM LLC has had to replace it with its vehicle to service contract.

2.- The Living wage has increase 4 times since the expiration of the Agreement.

3.- Fuel has increased dramatically since the expiration of the Agreement.

4.- Associated costs of the Agreement have also dramatically risen since the expiration like salary increases, insurance costs, and repairs, along with other costs associated with the service.

SCOPE OF WORK SERVICES HAVE REMAINED THE SAME
• The annual revenue hours that Contractor must complete to achieve full payment for each year shall be 4,212 • Services to be performed by COINTRACTOR this Agreement shall be as follows. a) The CONTRACTOR shall transport City residents utilizing PCAM Vehicle a Fixed Schedule Shuttle b) Days and Hours of Operation: The shuttle services under this Agreement shall be provided as follows: Monday through Friday from 7:00 AM to 6:00 PM. Saturday from 8:00 AM to 5:00 PM. Shuttle services pursuant to this Agreement shall also be provided on the following holidays without exception: New Yearl s Day, Memorial Day, July 4, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day.

THE PROPOSED NEW RATE SHALL BE AS FOLLOWS
21 – Passenger Ford E350 used Gas-Powered Transit Shuttles $66.03 Per Shuttle, Per Hour
*Projected annual budget Based on 4212 Hours - $278,118.36 Contractor Name: PCAM, LLC dba Parking Company of America.

Address: 3165 Garfield Ave.

City, state, Postal Code: City of Commerce, CA 90040
Contact Person, Title: Joseph Valdes, Executive Vice President Telephone: (562) 547-8468
Email: [email protected]
The effective date of the agreement is October 1, 2022 and shall continue through December 31, 2027.

AGREED AND ACCEPTED
___________________ _____ ___________________ ______
Joseph “Pep” Valdes Date Alfonso Noyola Date
Executive Vice President City Manage
Attachment B Page 68 of 92
Parking Company of America 3165 Garfield Ave. Commerce CA 90040 (562) 862-2218

CITY OF CUDAHY TRANSIT SHUTTLE

TRANSPORTATION PRICE COST WITH VEHICLE MAINTENANCE
COST CATEGORY YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5
HOURLY FIXED RATE $66.03 $68.01 $70.05 $72.15 $74.32

1. Management Wages* Included

2. Fringes * Included

3. Workers' Compensation * Included

4. Liability Insurance * Included

5. Maintenance * Included
Total Operations Annual Hours 4212 4212 4212 4212 4212
OPERATING COSTS $278,118.36 $286,461.91 $295,055.77 $303,907.44 $313,024.66

PCAM LLC 3165 Garfield Ave. Commerce CA 90040
• Bill Rates Include Salary & Wages, Payroll Taxes & Burden, Health/Welfare/Pension, Liability Insurance, Workers’ Compensation Costs, Fuel or Electricity, Maintenance, Vehicle Wrapping, Vehicle Storage, Bank Charges, Training and Recruitment, Communication, and Uniforms. • Rates are subject to a 3% annual increase.
• Drivers shall receive a minimum 4-hour and maximum 8-hour work shifts. In the event that a driver needs to stay more than 8 hours in a given shift, driver will be paid overtime and said overtime will be billed at an amount of 1.5 X bill rate.
• During Hours of Operation that fall on a Holiday, driver will be paid overtime and said overtime will be billed to owner at an amount of 1.5 X bill rate.
• In the event there is a government-mandated increase in wages or benefits (for example, an increase in minimum wage, the creation of living wage or increases caused by the Patient Protection and Affordable Act), Operator will be allowed a price increase only up to the amount of the wage increase, +35% (example: $1.00 wage increase = $1.35 bill rate increase). Operator must provide Owner with all pertinent supporting documentation.

The increase must be paid as an adjustment in the hourly rates for each affected line item of work. Operator must give Owner at least 30 days written notice in advance of any rate increase under this agreement.

RESOLUTION NO. 22-58

A RESOLUTION OF THE CITY OF CUDAHY

CALIFORNIA, APPROVING AN APPROPRIATION FOR

CITYWIDE SHUTTLE SERVICES
WHEREAS, the City has an agreement with Parking Company of America Management (“PCAM”) to provide citywide shuttle services.

WHEREAS, on November 10, 2022, PCAM provided an updated rate sheet factoring the allowable 3% Consumer Price Index (CPI) adjustment.

WHEREAS, the City allocated two hundred thousand dollars ($200,000.00) for citywide shuttle services in its Fiscal Year 2022-23 budget.

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

SECTION 1. The City Council hereby approves an appropriation of an additional seventy eight thousand one hundred eighteen dollars and thirty six cents ($78,118.36) for a new Not to Exceed amount of two hundred seventy eight thousand one hundred eighteen dollars and thirty six cents ($278,118.36) to fund its Citywide Shuttle Service.

SECTION 2. 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 18th day of October 2022.

Elizabeth Alcantar
Mayor
ATTEST:

Richard Iglesias, CMC
City Clerk
Attachment C Page 70 of 92
Resolution No. 22-58

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. 22-58 was passed and adopted by the City Council of the City of Cudahy at a regular meeting held on the 18th day of October, 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand
and affixed the Seal of the City of Cudahy, this 18 day of October, 2022.
_______________________________________
Richard Iglesias, CMC
City Clerk

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
10/18/2022 Page 1 of 2

STAFF REPORT
Date: October 18, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager
By: City Attorney’s Office
Subject: Adoption of Proposed Ordinance Adding Section 2.12.030 (Powers and Duties) of Chapter 2.12 (City Manager) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code

RECOMMENDATION
The City Council is requested to approve an Ordinance by first reading, adding Section 2.12.030 (Powers and Duties) of Chapter 2.12 (City Manager) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code.

BACKGROUND/ANALYSIS
On June 22, 2015, the City Council adopted Ordinance No. 649 establishing Chapter 3.16 (Purchase and Sale of Services, Supplies, and Equipment) of Title 3 (Revenue and Finance) of the Cudahy Municipal Code. Ordinance No. 649 increased the City Manager’s purchasing authority from $10,000 to $25,000. There is a current inconsistency in the Municipal Code between Section 3.16.110 (Open Market Procedure) and Section 2.12.030 (Powers and Duties); The City Council wishes to clarify the inconsistency concerning the City Manager’s purchasing authority under the Cudahy Municipal Code.

CONCLUSION
Based on the foregoing, staff recommends that the City Council approve Ordinance No. XXX, adding Section 2.12.030 (Powers and Duties) of Chapter 2.12 (City Manager) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code.

Item Number
16B

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

ATTACHMENT
A. Ordinance No. 727

ORDINANCE NO. 727

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CUDAHY AMENDING SECTION 2.12.030 (POWERS
AND DUTIES) OF CHAPTER 2.12 (CITY MANAGER) OF
TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE

CUDAHY MUNICIPAL CODE
WHEREAS, on June 22, 2015, the City of Cudahy City Council (“City Council”) adopted Ordinance No. 649 establishing Chapter 3.16 (Purchase and Sale of Services, Supplies, and Equipment) of Title 3 (Revenue and Finance) of the Cudahy Municipal Code; and
WHEREAS, Ordinance No. 649 increased the City Manager’s purchasing authority from $10,000 to $25,000; and
WHEREAS, there is a current inconsistency in the Cudahy Municipal Code between Section 3.16.110 (Open Market Procedure) and Section 2.12.030 (Powers and Duties); and
WHEREAS, the City Council wishes to clarify the inconsistency concerning the City Manager’s purchasing authority under the Cudahy Municipal Code.

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

Section 1. The facts set forth in the recitals above are true and correct.

Section 2. Section 2.12.030 (Powers and Duties) of Chapter 2.12 (City Manager) of Title 2 (Administration and Personnel) shall be amended in its entirety to read as follows:
“2.12.030 Powers and duties.

The City Manager shall be the administrative head of the government of the city under the direction and control of the council, except as otherwise provided in this section. He shall be responsible for the efficient administration of all the affairs of the city which are under his control. In addition to his general powers as administrative head, and not as a limitation thereon, it shall be his duty, and he shall have the following powers:
1) Law Enforcement. It shall be the duty of the city manager to enforce all laws and ordinances of the city and to see that all franchises, contracts, permits and privileges granted by the council are faithfully observed. 2) Authority Over Employees. It shall be the duty of the city manager, and he shall Attachment A Page 75 of 92
Ordinance No. 727

have the authority to control, order, and give directions to all heads of departments and to subordinate officers and employees of the city under his jurisdiction with the exception of the city clerk, treasurer and city attorney who are directly appointed and directed by the city council.
3) Powers of Appointment and Removal. Subject to the rules and regulations for the administration of the personnel system of the city, it shall be the duty of the city manager to approve the appointment, transfer, promotion, demotion, reinstatement, layoff and suspension or dismissal of all city employees, including department heads and management personnel, and to report all such actions to the council.
4) Administrative Reorganization of Officers. It shall be the duty and responsibility of the city manager to conduct studies and effect such administrative reorganization of offices, positions, or units under his direction as may be indicated in the interests of the efficient, effective and economical conduct of the city’s business and to effectuate such reorganization upon a majority vote of the council. 5) Ordinances. It shall be the duty of the city manager, and he shall recommend to the council for adoption, such measures, resolutions and ordinances as he deems necessary.
6) Attendance at Council Meetings. It shall be the duty of the city manager to attend all meetings of the council, unless he is excused therefrom by the mayor individually or the council.
7) Financial Reports. It shall be the duty of the city manager to keep the council at all times fully advised as to the financial condition and needs of the city and, at the end of each fiscal year, present a complete report to the council on the finances and administrative activities of the city.
8) Budget. It shall be the duty of the city manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the council for its approval.
9) Expenditure Control and Purchasing. It shall be the duty of the city manager to see that no expenditure shall be submitted or recommended to the council, except on the approval of the city manager or his authorized representative. The city manager, or his authorized representative, shall be responsible for the purchase of all supplies for all the departments or divisions of the city. Further, it shall be the duty of the city manager to establish a centralized purchasing system for all city officers, departments, and agencies.
10)Investigations and Complaints. It shall be the duty of the city manager to make investigations into the affairs of the city, and any department or division thereof, and any contract or the proper performance of any obligation of the city. Further, it shall be the duty of the city manager to investigate all complaints in relation to the matters concerning the administration of the city government and in regard to

Ordinance No. 727

the service maintained by public utilities in the city. 11)Public Buildings. It shall be the duty of the city manager and he shall exercise general supervision over all public buildings, public parks and all other public property which is under the control and jurisdiction of the council. 12)Additional Duties. It shall be the duty of the city manager to perform such other duties and exercise such other resolution or other official action of the council as may be determined by the council.
13)Execution of Contracts. Consistent with the provisions of Chapter 3.16 CMC, entitled “Purchasing System,” the city manager is authorized to execute contracts on behalf of the city with a value of $25,000 or less. The city manager may execute contracts on behalf of the city with a value of more than $30,000 when specifically directed by official action of the city council.” Section 3. CEQA. This Ordinance is not subject to CEQA under the general rule set forth in Section 15601(b)(3) of the CEQA Guidelines that CEQA only applies to projects which have the potential for causing a significant effect on the environment.

Section 4. Inconsistent Provisions. Any provision of the Cudahy Municipal Code, or appendices thereto, that conflicts with the provisions of this Ordinance, to the extent of such conflict and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.

Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional 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 6. Construction. This Ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. To the extent the provisions of the Cudahy Municipal Code, as amended by this Ordinance, are substantially the same as the provisions of that Code as it read prior to the adoption of this Ordinance, those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.

Section 7. Publication and Effective Date. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption.

This Ordinance shall become effective thirty (30) days after adoption.

Ordinance No. 727

PASSED, APPROVED and ADOPTED by the City Council of the City of Cudahy this __ day of _____________ 2022.
________________________________
Elizabeth Alcantar
Mayor
ATTEST:
_________________________________
Richard Iglesias
City Clerk

Ordinance No. 727

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 Ordinance No. 727 was introduced for a first reading on the ___ day of ______ 2022 and approved for a second reading and adopted by said Council at its regular meeting held on the ___ day of ____ 2022 by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

________________________________
Richard Iglesias
City Clerk

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STAFF REPORT
Date: October 18, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager
By: City Attorney’s Office
Subject: Adoption of Proposed Ordinance Amending Section 3.16.120 (Bidding) of Chapter 3.16 (Purchasing System) of Title 3 (Revenue and Finance) of the Cudahy Municipal Code

RECOMMENDATION
The City Council is requested to approve an Ordinance by first reading, amending Section

3.16.120 (Bidding) of Chapter 3.16 (Purchasing System) of Title 3 (Revenue and Finance) of the Cudahy Municipal Code.

BACKGROUND/ANALYSIS
On June 22, 2015, the City Council adopted Ordinance No. 649 establishing Chapter 3.16 (Purchase and Sale of Services, Supplies, and Equipment) of Title 3 (Revenue and Finance) of the Cudahy Municipal Code. On August 14, 2017, the City Council adopted Ordinance No. 672, amending Chapter 3.16 (Purchasing System) to clarify the City’s ability to make cooperative purchases of services and items. Most recently on October 4, 2022, the City Council adopted Ordinance No. 726 adding section 3.16.140 (Alternate Procurement Procedure) to Chapter 3.16 (Purchasing System).

The City Council wishes to further amend Chapter 3.16 (Purchasing System) to clarify the requirements for the bidding process as set forth under Section 3.16.130 (Formal Contract Procedure). The proposed clarification would ensure the formal bidding process is only applied to public projects as defined by Section 20161 of the Public Contract Code when the expenditure exceeds the requirement as set forth by Section 20162 of the Public Contract Code, currently five thousand dollars ($5,000).

Item Number
16C

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CONCLUSION
Based on the foregoing, staff recommends that the City Council approve Ordinance No. 728, amending Section 3.16.120 (Bidding) of Chapter 3.16 (Purchasing System) of Title 3 (Revenue and Finance) of the Cudahy Municipal Code.

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

ATTACHMENT
A. Ordinance No. 728

ORDINANCE NO. 728

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CUDAHY AMENDING SECTION 3.16.120 (BIDDING)
OF CHAPTER 3.16 (PURCHASING SYSTEM) OF TITLE 3
(REVENUE AND FINANCE) OF THE CUDAHY MUNICIPAL
CODE
WHEREAS, pursuant to Government Code section 54201 through 54203, a city must adopt, by ordinance, policies, and procedures, including bidding regulations, governing purchases of supplies and equipment by the city; and WHEREAS, on June 22, 2015, the City of Cudahy City Council (“City Council”) adopted Ordinance No. 649 establishing Chapter 3.16 (Purchase and Sale of Services, Supplies, and Equipment) of Title 3 (Revenue and Finance) of the Cudahy Municipal Code; and
WHEREAS, on August 14, 2017, the City Council adopted Ordinance No. 672, amending Chapter 3.16 (Purchasing System) to clarify the City’s ability to make cooperative purchases of services and items; and
WHEREAS, on October 4, 2022, the City Council adopted Ordinance No. 726 adding section 3.16.140 (Alternate Procurement Procedure) to Chapter 3.16 (Purchasing System); and
WHEREAS, the City Council wishes to further amend Chapter 3.16 (Purchasing System) to clarify the requirements for the bidding process as set forth under Section

3.16.130 (Formal Contract Procedure).

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

Section 1. The facts set forth in the recitals above are true and correct.

Section 2. Section 3.16.120 (Bidding) of Chapter 3.16 (Purchasing System) of Title 3 (Revenue and Finance) shall be amended in its entirety to read as follows:
“3.16.120 Bidding.
1) Contracts for public projects within the meaning of Section 20161 of the Public Contracts Code which exceed the expenditure limits of Section 20162 of the Public Contracts Code shall by bid procedures pursuant to this section and CMC

3.16.130. Bidding shall be dispensed with only when an emergency requires that an order be placed with the nearest available source of supply, when the city council by a four-fifths majority determines after opening of bids that rejection of all bids and purchase on the open market will best serve the city, or when the Attachment A Page 83 of 92
Ordinance No. 728

commodity can be obtained from only one vendor.
2) Prior to bid solicitation, the purchasing officer shall confirm the requested purchase is identified in the current fiscal year adopted budget. For items not identified in the current fiscal year adopted budget, the requesting department shall be required to receive city council approval at the time of contract award.” Section 3. CEQA. This Ordinance is not subject to CEQA under the general rule set forth in Section 15601(b)(3) of the CEQA Guidelines that CEQA only applies to projects which have the potential for causing a significant effect on the environment.

Section 4. Inconsistent Provisions. Any provision of the Cudahy Municipal Code, or appendices thereto, that conflicts with the provisions of this Ordinance, to the extent of such conflict and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.

Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional 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 6. Construction. This Ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. To the extent the provisions of the Cudahy Municipal Code, as amended by this Ordinance, are substantially the same as the provisions of that Code as it read prior to the adoption of this Ordinance, those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.

Section 7. Publication and Effective Date. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption.

This Ordinance shall become effective thirty (30) days after adoption.

Ordinance No. 728

PASSED, APPROVED and ADOPTED by the City Council of the City of Cudahy this __ day of __________ 2022.
________________________________
Elizabeth Alcantar
Mayor
ATTEST:
_________________________________
Richard Iglesias
City Clerk

Ordinance No. 728

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 Ordinance No. 728 was introduced for a first reading on the ___ day of ______ 2022 and approved for a second reading and adopted by said Council at its regular meeting held on the ___ day of ____ 2022 by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

________________________________
Richard Iglesias
City Clerk

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Staff Report
10/18/2022 Page 1 of 2

STAFF REPORT
Date: October 18, 2022
To: Honorable Mayor/ Members of the City Council
From: Alfonso Noyola, City Manager/Executive Director
By: Brenda Rodriguez, Administrative Services Director
Subject: Consideration to Fund the “LA Hot Wheels” Basketball team 5th Annual Basketball tournament

RECOMMENDATION
The City Council is requested to authorize the City Manager to present a check in the amount of $3,500 to Hot Wheels basketball team for their 5th Annual Basketball tournament held at Clara Park.

BACKGROUND

1. In June of 2022 Max Amanero met with City Manager Alfonso Noyola, Public Works Director Aaron Hernandez and Mayor Elizabeth Alcantar to discus a variety of subjects including sponsorship of his wheelchair basketball team.

2. On October 10, 2022, Margie Amanero, LA Hot Wheels team representative sent and email describing costs of the tournament as $3,500.

ANALYSIS
LA Hot Wheels is a wheelchair basketball team and a member of the National Wheelchair Basketball Association. LA Hot Wheel host an annual tournament at Clara park in November. waived per resolution (will add in number) staff has the ability to waive Costs of rental fees, to non profit organizations and or groups that provide community benefit; therefore staff has previously waived fees and will waive the fees for 2022 tournament.

Team representative Margie Amanero has stated costs of the tournament to be $3,500. This Item Number
16D

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includes tournament t-shirts, food for all 8 teams (for Saturday only) and trophies for 1st , 2nd, and 3rd.

CONCLUSION
The City Council is requested to declare this activity has a direct public benefit and to authorize the City Manager to present a check in the amount of $3,500 to Hot Wheels basketball team for their 5th Annual Basketball tournament held at Clara Park.

FINANCIAL IMPACT
The 2022-23 FY Budget will not be negatively impacted. Fund will be reallocated from Special events to fund the tournament.

ATTACHMENTS
A. Email from Team Representative Margie Amanero

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STAFF REPORT
Date: October 18, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Juan Arauz, AICP, Community Development Director
Subject: Update on the City’s Economic Development Strategic Plan

RECOMMENDATION
The City Council is requested to provide City staff feedback on the outreach components of the Economic Development Strategic Plan.

BACKGROUND

1. On April 19, 2022, the City executed a contract with Willdan Financial for professional services for the completion of an Economic Development Strategic Plan (EDSP). This plan would serve as a guide for future business and commercial development in the City.

2. In the Summer of 2022, community outreach was conducted through surveys and popup events.

3. On September 9, 2022, City staff made a presentation to the City Council on the status of the EDSP.

4. On October 6, 2022, a community meeting was held at Clara Street Park to solicit feedback from residents on the goals and strategies of the EDSP.

ANALYSIS
City staff is bringing this item before the City Council as an update on the progress of the EDSP, and to solicit feedback and comments from the Council. To date, several outreach and community feedback efforts have been completed. Next steps of the EDSP plan include:
• Schedule stakeholder interviews with City Council Members. (Pending) Item Number
16E

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• Finalize Economic Profile Report and circulate for interview review/comments. (Q4 2022) • Draft Proposed Economic Development Strategic Plan Recommendations. (Q4 2022) • Draft Implementation & Funding Recommendations. (Q4 2022) • Draft Research Economic Development Case Studies. (Q1 2023) • Plan & Schedule Consensus Building Workshop with City Council (Q1 2023).

CONCLUSION
Staff recommends that the City Council provide City staff feedback on the outreach components of the EDSP.

STRATEGIC PLAN CORRELATION
The EDSP supports the following strategies identified in the City’s Strategic Plan as adopted by the City Council earlier this year.

Goal F.

1. Develop the Cudahy brand.

2. Create a sense of place and establish the community’s identity.

3. Use the Cudahy brand to provide visual identity of the City, including signage.

4. Identify methods to connect with community members, including soliciting input on a regular basis.

5. Increase the City’s social media presence.

6. Explore opportunities for efficiency through insourcing and outsourcing.

7. Foster relationship building among residents.

FINANCIAL IMPACT
Funds for the execution of the professional services agreement with Willdan Financial have been allocated and no additional funds are being requested. Therefore, this item has no financial impact to the City.

ATTACHMENTS
None.