The Arroyo Group Team - Cudahy Housing Element Proposal 3
1. Scope, Schedule, and Budget
development major analysis, will also be helpful in writing the Constraints section. Based on the findings of these two analyses, TAG will gain an understanding of the issues highlighted by HCD and any additional constraints impacting residential development in the City. Should additional constraints be identified, TAG will add new programs or edit existing programs as necessary.
5. Low-Income Housing
This is a relatively minor task to harmonize covenant expiration dates for existing affordable housing.
6. Housing Programs
The Housing Program section of the latest draft also needs edits according to HCD’s letters. In addition to the specific programs mentioned in the comment letters, the Housing Programs will need to respond to the findings of the Affirmatively Furthering Fair Housing section, the Site Inventory section (Housing Resources), and the Constraints section once they are finalized. As stated earlier, TAG will add new programs or edit existing programs as necessary.
7. Public Participation
Public participation is a key issue identified in HCD’s comment letters. HCD asks the City to summarize the public input received during outreach and describe how this input was considered and incorporated or not incorporated into the Housing Element. TAG will ensure these HCD requirements are met. While the Element included a summary of public outreach, it could relate the results of that outreach better to the actual thrust of what is committed to in the Element. We suggest creating a summary section at the beginning of the Element (which we have sometimes titled “Framing the Challenges” or “Embracing the Opportunities”) which summarizes the lessons learned from background analysis and public participation, and forms a bridge to the Goals, Policies, and Programs.
TAG also proposes to conduct meetings or interviews with the City’s Planning Commission and City Council. TAG suggests this check-in with City decision makers because substantive changes are likely required to ensure the Housing Element is compliant.
Budget
The Arroyo Group proposes to prepare a complete HCD review draft Housing Element for the City of Cudahy for the not-to-exceed budget of $70,000. Figure 5 gives a detailed estimate of time and budget to be spent on the different tasks required. Billing will be prepared monthly on a time-and-materials basis based on the hourly rates given in Figure 6.
A provisional budget of $10,000 is provided for tasks which may or may not be necessary depending on HCD evaluation of the Element, or may be taken on by City staff. Ultimate acceptance of the Element by HCD will depend on the direction of the City and its willingness to commit to policy changes. If such changes are insufficient, a larger budget for new drafts and/or multiple new drafts of the Element could be required by HCD. The total project budget is therefore $80,000.
Schedule and Certification Process
The end product of the base scope of work will be a complete draft Housing Element ready to present to either HCD or the Planning Commission and City Council for adoption. This is anticipated to be completed in fourteen weeks, assuming concurrent review of completed sections by City staff. If there is a good relationship with the HCD reviewer, sections can also be shared with them for an informal review. The City, with TAG advisement, will decide whether to send the draft to City decison makers or HCD first.
Either way, a roughly one-month adoption process and three month HCD review period will need to be added to the timeline, resulting in an overall seven to eight month timeline to adoption.
The Arroyo Group Team - Cudahy Housing Element Proposal 4 1. Scope, Schedule, and Budget
Principal
Associate - Planning
Associate - Architecture
HCD Comment Task Description/Approach
$190
$110
$110
1. Review and Revise $440
1.1 Review and Revise
Element must provide an evaluation of the cumulative effectiveness of past goals, policies, and related actions in meeting the housing needs of special needs populations and revise programs as appropriate. Assumes that individual programs and policies have already been evaluated sufficiently in Chapter 6 of the Element. 4 $440
2. AFFH $15,870
2.1 Evaluate patterns and trends for the entire AFFH section, comparing specific neighborhoods within the City to each other. Additionally, explore patterns and trends for the surrounding region, in comparison to the City. Use the HCD AFFH Data Viewer to find this data and write about it. 5 20 $3,150
2.2 AFFH Outreach
Describe the results of all outreach activities specific to AFFH, including a summary of comments and how comments were considered and incorporated into the analysis, contributing factors to fair housing issues/programs, and goals and actions. 2 8 $1,260
2.3 Enforcement and Outreach Capacity
Quantify the number of complaints and evaluate the characteristics to better inform policies and programs. Reach out to the City or to the agency that records fair housing complaints for the City. Ask about the characterstics of residents who report complaints. 1 7 $960
2.4 Integration and Segregation Address integration and segregation by analyzing patterns and trends related to disability and income, at the city level and regional level. 1 3 $520
2.5 Disparities in Access to
Opportunity
Access to opportunity analysis must be conducted at a regional level and local level. The analysis should address differences in access to education, economic, transportation, environment, and other important opportunities based on socio-economic characteristics. Essentially, the entire access to opportunity analysis needs to be redone. 3 10 $1,670
2.6 Dispropriate Housing Needs
including Displacement Risk
Analyze cost burden, overcrowding, and substandard housing at regional level, comparing the city to the surrounding region. For cost burden, cover regular cost burden and severe cost burden for renters and owners. Element must also provide analysis of homelessness and displacement. Ask for any city sources on homelessness, or if a local provider might know specifics of homelessness in the City. Use LAHSA info for the total number, from homeless count. 1 10 $1,290
Figure 5 Cudahy Housing Element Budget3rd HCD Review DraftThe Arroyo GroupNovember 23, 2022
THE ARROYO GROUP
Patterns and Trends
The Arroyo Group Team - Cudahy Housing Element Proposal 5 1. Scope, Schedule, and Budget
2.7 Sites Inventory and AFFH
Once site inventory is done, this section has to talk about the housing sites in relation to fair housing components. Address the number of units by income group and location, any concentration of an income group in certain area? Address magnitude of the impact of existing concentrations of socio-economic characteristics and discuss how the sites improve fair housing conditions. The analysis should be supported by local data and knowledge and other relevant factors. 2 4 $820
2.8 Local Data and Knowledge
Outreach to AFFH stakeholders: New outreach to fair housing organizations; possible up to 2 other interviews arranged by City to reach resident leaders, ideally low-income/renter populations. Could be EYCEJ/CBE depending on City relationship. 1 5 $740
2.9 Other Relevant Factors analyze historical land use, redlining, zoning, governmental and nongovernmental spending including transportation investments, and demographic trends.
2 6 $1,040
2.10 Contributing Factors to Fair
Housing Issues
Upon full analysis of AFFH section, the element should re-evaluate and prioritize contributing factors to fair housing issues. Prepare matrix of contributing factors and meaningful actions. 6 8 $2,020
2.11 Goals and Actions In discussion with City staff, modify the Element broadly to incorporate meaningful actions stemming from AFFH. More defined objectives may be needed in Programs. 8 8 $2,400
3. Sites Inventory $20,480
3.A
Conduct physical feasibility studies of typical Housing Element sites to identify constraints and demonstrate viability of sites inventory realistic capacity assumptions.- Typical long/narrow high-density multifamily site (rental and condo)- Typical mixed-use site 8 6 54 $8,120
3.B Evaluation of Previous Projects Review recently constructed projects to identify patterns and constraints. Quantitative analysis of units built and maximum densities. Identify number of ADUs permitted to incorporate in inventory. 10 10 $3,000
3.1 The Element should demonstrate what specific trends, factors, and other evidence led to the assumption that 60% of maximum allowable densities will be achieved. The estimate for the number of units for each site must be adjusted as necessary, based on land use controls and site improvements and typical densities of existing or approved residential developments at a similar affordability level. Element assumes residential capacity on sites with zoning that allows 100% nonresidential uses. The Element must account for the likelihood of nonresidential uses. This analysis should be based on factors such as development trends, performance standards, and other factors. (needs to be bulked up substantially, Element only features 2 paragraphs on this topic) 2 10 $1,480
Site StudiesRealistic Capacity
The Arroyo Group Team - Cudahy Housing Element Proposal 6 1. Scope, Schedule, and Budget
3.2 Analysis needed to demonstrate the potential for redevelopment of nonvacant sites based on the City's past experience with converting existing uses to higher density residential development, the current market demand for the existing use, an analysis of any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites. The HE relies upon nonvacant sites to accommodate more than 50% of the RHNA for lower income households. The HE must demonstrate existing uses are not an impediment to additional residential development and will likely discontinue in the planning period. Ensure the element includes a replacement housing policy, if the sites inventory includes sites with existing housing units that are currently lower income. 15 30 $6,150
3.3 Sites smaller than half acre in size are inadequate to accommodate housing for lower income housing unless it is demonstrated that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units or unless the HE describes other evidence to HCD that the site is adequate to accommodate lower income housing. HCD says the HE includes several sites that are less than half acre in size. 1 6 $850
3.4 Check 5th and 6th cycle site inventories to see if any of the sites overlap. Make sure no problems if any sites do overlap. Ask City for 5th cycle element. 1 $110
3.5 Infrastructure element must clarify whether there is sufficient existing or planned water and sewer capacity to accommodate the City’s RHNA. Assume General Plan identified all potential constraints. 1 $1103.6 Electronic Sites Inventory submit electronic sites inventory with next draft. Does City have a working electronic sites inventory? 6 $660
4. Governmental Constraints $4,650
4.1 For Program 28 (Zoning Code Review) include specific commitment to remove the requirement by a specified date. Also, this Element must evaluate the number of spaces and the impacts on smaller bedroom types (studio, one bedroom) and add/modify programs as appropriate. 1 5 $740
4.2 Element must describe the procedures for a typical single family and multifamily development. The analysis should address the approval body, the number of public hearing if any, approval findings and any other relevant information. The analysis should address impacts on housing cost, supply, timing, and approval certainty. 2 5 $930
4.3 On/Off-Site Improvements List the actual standards on a typical development and evaluate the impacts on the cost and supply of housing. 3 6 $1,230
4.4 SB 35 Streamlining Clarify whether City has a written SB 35 procedure or not, if not, add/modify a program to establish a procedure by a specified date. 1 $110
4.5 Local Ordinances Include an analysis of inclusionary zoning ordinance's impact on the cost and supply of residential development.
4 8 $1,640
Suitability of Nonvacant SitesSmall SitesSites Identified in Prior Planning PeriodLand Use Controls Processing and Permit Procedures
The Arroyo Group Team - Cudahy Housing Element Proposal 7 1. Scope, Schedule, and Budget
$1,070
5.1 The element identified units at-risk of converting to market rate uses within a ten-year period. Many of the expiration dates listed for potential at-risk developments differ from HCD records. The element should reconcile these differences, including revising the element as appropriate. 1 8 $1,070
6. Housing Programs $2,460
6.1 Program 4 (Promote Lot Consolidation): include a proactive and regular annual marketing component with the development community and property owners.Sites Identified in Prior Planning Periods: Have to add this, if we find there are overlap sites between the 5th and 6th cycles. If necessary, the element must include a program for vacant sites identified in two of more consecutive planning periods’ housing elements or non-vacant sites identified in a prior housing element, that are currently identified to accommodate housing for lower-income households. The program must be implemented within the first three years of the planning period and commit to zoning that will meet the density requirements for housing for lower-income households and allow by-right approval for housing developments that include 20 percent or more of its units affordable to lowerincome households. 1 6 $850
6.2 Program 5 timing should be revised to include annual and proactive outreach to the develoment community starting in 2024.
1 $110
6.3 Governmental Constraints Based on governmental constraints analysis, when complete, see if any programs need to be added or revised.
5 5 $1,500
6.4 AFFH Complete Analysis Based on AFFH analysis, when complete, see if any programs need to be added or revised. (duplicate from above). $0
7. Public Participation $11,720
7.1 Summarize the public comments rececived during outreach and describe how they were considered and incorporated into the Element. And follow all outreach regulations until the HE is certified. 4 6 $1,420
7.A Goals and Policies Goals 6, 7, 8 and 10, and associated policies, may want to be more clear. May require discussion with City leaders 10 2 $2,1207.B Summary Section/Framing the Challenges Write new section summarizing key challenges and constraints, public comment and the thrust of the Element 12 2 $2,5007.C PC Study Session or Interviews One (1) Study session or interviews with PC. Anticipate wanting to discuss full analysis of constraints, AFFH, etc. 8 12 $2,840
7.D CC Study Session or Interviews One (1) Study session or interviews with CC. Anticipate wanting to discuss full analysis of constraints, AFFH, etc. 8 12 $2,840
5. Low Income Housing DevelopmentLow-Income Housing DevelopmentPrograms to EditProgram 5Public Participation
The Arroyo Group Team - Cudahy Housing Element Proposal 8 1. Scope, Schedule, and Budget
8. Coordination $9,310
8.A Regular Coordination Weekly/biweekly calls 12 12 $3,600
8.B Field tour Tour with City staff to understand fabric of the City 4 4 4 $1,640
8.C HCD Reviewer Intro Meeting Intro meeting w/ new assigned HCD reviewer 2 2 $600
8.D Pre-submittal meeting with HCD Includes preparation 4 4 $1,200
8.E Post-review meeting with HCD Includes preparation 4 4 $1,200
8.F Formatting Adjustments Assume that MS Word document is available 1 8 $1,070 $66,000
Contingency & Non-Labor
$4,000
TOTAL - HCD REVIEW DRAFT $70,000
PROVISIONAL TASKS $10,000
Public Hearing Draft Respond to remaining HCD comments received in letter 12 24 $4,920Final, adopted Draft Incorporate any final changes by PC/CC 2 5 $930Planning Commission Hearing CEQA not included. 8 6 $2,180City Council Hearing 8 4 $1,960Contingency $10 TOTAL WITH PROVISIONAL TASKS $80,000
The Arroyo Group Team - Cudahy Housing Element Proposal 9
1. Scope, Schedule, and Budget
The Arroyo Group billing rate schedule
HOURLY BILLING RATES
Principal/Project Manager $190
Senior Associate $150
Associate $110
UNIT BILLING AMOUNTS
Large Format Plotting
- Color $5.00 per square foot
- Black & White $2.00 per square foot
Small Format Prints/Copies
- Black and White (Letter) $0.15 per page
- Black and White (Legal) $0.20 per page
- Black and White (Tabloid) $0.30 per page
- Color (Letter) $0.50 per page
- Color (Legal) $0.75 per page
- Color (Tabloid) $1.00 per page
Non-labor costs are billed at cost. Non-labor expenditures may include, but are not limited to mailing and delivery, reproduction, production/workshop/meeting materials, equipment rentals, technical experts, etc.
PAYMENT TERMS
Invoices are payable within 30 business days of receipt. Interest may be imposed at the rate of one and one/half percent per month on any invoice not paid within 30 calendar days.
Effective thru December 31, 2023
Rates subject to a 3% escalation clause each year thereafter.
FIGURE 6 - THE ARROYO GROUP FIRM RATES
The Arroyo Group Team - Cudahy Housing Element Proposal 10 FIRM PROFILE AND RESUMES2
Primary Contact
Philip Burns, AICP
40 E. Colorado Boulevard, Suite B, Pasadena CA 91105
(323) 382-2402, [email protected]
Legal Name: The Arroyo Group
Form of Business: S Corporation
Certifications: SBE, DBE
Company Ownership: Privately held and incorporated
March 26, 1976
Employees: 8
Offices Servicing CA Accounts: Pasadena
Locations Where Work is to be Assigned:
40 E Colorado Blvd, Suite B
Pasadena CA 91105-1910
The Arroyo Group is a 44 year-old Southern California professional planning and urban design firm that balances diverse interests and inspired design with economic realities. We design revitalized downtowns, dynamic districts, livable neighborhoods and inviting public spaces that build on the unique physical attributes of a community as well as its distinctive identity and character.
The Arroyo Group Philosophy
The Arroyo Group derives its name and approach from the Arroyo Guild, an assembly of turn-of-the-century California architects, planners, engineers, artists, craftsmen, and performing artists who lived along the Arroyo Seco in Pasadena. Common to all their creative efforts was a careful consideration for the unique beauty and meaning of the environment in which they worked, and an overriding concern for quality, craftsmanship and detail.
Their association was characterized by intense dialogue across traditional professional boundaries, and mutual respect for the contribution each could make to the other’s work. The Guildsmen left a legacy of work that is to this day functional and beautiful in itself and in its setting.
Much like the Arroyo Guild, our team members work together because we have the shared belief that sensitive and workable relationships between people and the environment can be achieved today and integrated with the sound social and fiscal considerations so essential to successful design, planning and development. Our practice strives to reflect the spirit of the Arroyo Guild through a respect for quality and detail, and by tapping the wisdom and experience of individuals of varying professional and experiential backgrounds. Our concern is for the lasting value of our plans to our clients and their communities.
Most important to The Arroyo Group team is the creation of plans that respect, reflect and create a unique sense of place, and are responsible to the realities of existing and potential market demand. It is the actual revitalization of communities in which we take our greatest pride. Plans do get built.
Relevant Experience
Housing Elements, Ordinances and Projects
• Bell Housing Element, City of Bell
• Inglewood Housing Element, City of Inglewood (in progress) • Vernon Housing Element, City of Vernon (in progress)
• Housing Overlay Zones, City of Yorba Linda
• R-3-20/30 and Religious Housing Overlay Code
Amendments, City of Sierra Madre
• Pasadena Congregational Affordable Housing Overlay Zone, Making Housing and Community Happen
• Congregational Land Campaign for Affordable Housing,
Multiple Jurisdictions
• Affordable Housing Feasibility Studies, Multiple Jurisdictions • Review of Pasadena Inclusionary Housing Feasibility Study, Making Housing and Community Happen
Housing-Related Specific, Area and Master Plans
• The Plan for Old Pasadena, Pasadena Heritage
• Pasadena Civic Center/Mid-Town Design Plan, City of
Pasadena
• Inglewood Transit-Oriented Development Plans (Downtown Inglewood, Fairview Heights, Westchester/Veterans and
Crenshaw/Imperial), City of Inglewood
• Tweedy Boulevard and Hollydale Village Specific Plans, City of South Gate
• Willowbrook Transit-Oriented Development Specific Plan, County of Los Angeles
• Santa Fe Depot Specific Plan, City of Orange
• Compton Station Specific Plan, City of Compton
• Vernon Westside Specific Plan, City of Vernon (in progress)
The Arroyo Group Team - Cudahy Housing Element Proposal 11
2. Firm Profile and Resumes
Philip Burns is a principal and project manager at The Arroyo Group with experience in land use planning, housing issues, urban design and transportation planning. His specialties include community engagement and public participation (ensuring inclusive, accessible and consensusbuilding public processes), housing policy, active transportation and zoning. A former urban planning Peace Corps Volunteer and United Nations officer in Guatemala, he enjoys crosscultural work and making abstract and counter-intuitive planning concepts understandable to the average citizen.
Philip has led and managed multidisciplinary teams for the following projects:
• Westchester/Veterans and Crenshaw/Imperial TOD Plans - Inglewood, CA • Compton Station Specific Plan - Compton, CA
• Tweedy Boulevard Specific Plan - South Gate, CA
• Vernon Housing Element and Westside Specific Plan - Vernon, CA • Bell General Plan Update (Housing, Health & Safety, Environmental Justice) - Bell, CA • Inglewood Housing Element - Inglewood, CA
Prior to rejoining The Arroyo Group, Philip led the development of a community-driven streetscapes and open space plan in Arleta and Pacoima for the City of Los Angeles Department of Recreation and Parks. He also possesses experience in affordable housing development and policy relating to gentrification and displacement, and he currently leads a countywide campaign to advise religious congregations who are interested in using their land for affordable hosuing developments.
Philip is a former United Nations project manager & Peace Corps Volunteer in Guatemala. His friends know him as an avid transit advocate and rider who nevertheless loves a good road trip.
THE ARROYO GROUP
Philip Burns, AICP
Principal & Project Manager
EDUCATION
MA, Planning
University of Southern California
BA, Urban Studies
Brown University
AREAS OF EXPERTISE
• Bilingual community
engagement
• Zoning
• Housing Policy
• Transit and Active Transportation
Margaret’s work with the Arroyo Group involves writing housing elements, writing specific plans, and working on affordable housing initiatives such as congregational land overlay zones.
A Southern California native, Margaret headed out east to study Urban Studies at Haverford College outside of Philadelphia, including a semester studying Metropolitan Studies in Berlin, Germany. At the University of Southern California, she concentrated in housing and real estate development, through which she developed a strong background in policy that incentivizes affordable housing development. Additionally, Margaret has experience as a Community Organizer with Abundant Housing LA, organizing in communities across Los Angeles County to help address Southern California’s housing crisis.
Margaret has been involved in the following Arroyo Group projects:
• Bell Housing Element - Bell, CA
• Inglewood Housing Element - Inglewood, CA
• Vernon Housing Element - Vernon, CA
• Bell Atlantic Avenue Specific Plan - Bell, CA
• Bell Cheli Specific Plan - Bell, CA
• Compton TOD Specific Plan - Compton, CA
• Heart of Norwalk Specific Plan - Norwalk, CA
• Yorba Linda Housing Overlay Zones - Yorba Linda, CA
Margaret is an avid hiker and backpacker. During the fall, winter, and spring seasons, Margaret trains with hikes in her local San Gabriel Mountain range. During the summer, Margaret backpacks within the Eastern Sierra range.
THE ARROYO GROUP
Margaret Muñoz
Associate
EDUCATION
MA, Urban Planning
University of Southern California
BA, Urban Studies
Haverford College
AREAS OF EXPERTISE
• Housing Policy
• Zoning
• Community Outreach
The Arroyo Group Team - Cudahy Housing Element Proposal 12
RELEVANT EXPERIENCE
Reference: Manuel Acosta,
3 Community Development
Director,
6330 Pine Avenue, Bell, CA,
90201
(323) 588-6211x2623
[email protected]
City of Bell, CA
Housing Element (2021-2022)
Affordable Housing Policy and Outreach, Surplus Land Act The Arroyo Group led a team to develop the City of Bell’s 6th cycle Housing Element, which was certified by HCD prior to the October 2022 rezoning penalty deadline. The Housing Element included compiling a detailed inventory of potential housing sites that are likely to develop within the next eight years. Sites considered for inclusion on the inventory were evaluated based on the following characteristics:
private versus public ownership, parcel size, surrounding amenities such as medical facilities, schools, parks, and high quality transit, maximum allowable density, existing uses, and more. Several of the sites included in the sites inventory are publicly owned sites for which the City will follow Surplus Land Act guidelines in the process of recruiting housing developers.
Additionally, the Housing Element required the development of housing goals, policies, and programs to be explored and implemented over the 6th planning cycle. In collaboration with the consulting team, City of Bell staff, and a variety of other stakeholders, the programs included in the 6th cycle Housing Element are diverse and address the housing crisis from a wide variety of angles. New programs added within the 6th cycle include Housing Development on Public Land, a Local Preference Program, a First-Time Homebuyers Inititative, a Local Housing Trust Fund, and more. Input on the Housing Element was solicted from residents through Community Meetings, Planning Commission presentations, open houses at Veterans’ Memorial Park, pop-up surveys and informational events at local grocery stores, and an online survey.
Reference: Mindy Wilcox,
Planning Manager,
1 West Manchester Boulevard,
Inglewood, CA, 90301
(310) 412-5230,
[email protected]
City of Inglewood, CA
Housing Element (2021-Present)
Affordable Housing Policy and Outreach, Sites Inventory Building on the firm’s Transit-Oriented Development planning work, The Arroyo Group is currently leading a team to develop the City of Inglewood’s 6th cycle Housing Element. A community with newfound developement interest and gentrification pressure, the Housing Element seeks to make a realistic assessment of housing issues and plot a comprehensive strategy for housing over the next eight years. The Housing Element includes compiling a detailed inventory of potential housing sites that are likely to develop within the next eight years. Additionally, the Housing Element requires the development of housing goals, policies, and programs to be explored and implemented over the 6th planning cycle. In collaboration with the consulting team, City of Inglewood staff, and a variety of other stakeholders, the programs included in the 6th cycle Housing Element are diverse and address the housing crisis from a wide variety of angles. New programs added within the 6th cycle include Congregational Land Afffordable Housing, Community Land Trusts, City Purchases and Covenants to Preserve Affordable Housing, Local Preference Ordinance, Design Standards to Streamline Housing Development, and more.
The City of Inglewood’s site inventory is challenging due to the 2,768 lower income units that Inglewood must plan for according to the City’s Regional Housing Needs Assessment. Privately-owned sites were assigned lower-income units only in the proportion to which they were actually expected to procude them. On the other hand, development of affordable housing is emphasized on public land, congregational land, and other institutional land in the site inventory. The city owned sites included in the sites inventory will follow Surplus Land Act guidelines in the process of recruiting housing developers.
The Arroyo Group Team - Cudahy Housing Element Proposal 13
3. Relevant Experience
As part of satisfying the City of Yorba Linda’s 6th Cycle Housing Element Regional Housing Needs Assessment the City and its Housing Element consultant requested the development of Housing Overlay Zones. The Arroyo Group is tasked with thinking holistically about a zoning code amendment that would be effective at encouraging affordable housing developments while garnering the support of the population that must cast ballots to approve the upzoning. First, The Arroyo Group conducted a full review of the City of Yorba Linda’s zoning code along with site visits to congregational and commercial sites throughout the City. Following this review The Arroyo Group developed typical densities and heights for feasible affordable housing building types in the City. We then catalogued different zoning approaches that would be undertaken and evaluated them against the variety of congregational and commercial sites in the City to result in recommended zoning and development standards for the overlays.
Additionally, as seen below, individual site analyses were developed to illustrate the potential development concepts on congregational and commercial sites in the City. These analyses take into account the site’s existing conditions along with a multitude of other factors in order to illustrate the highest and best potential housing development for the site.
City of Yorba Linda, CA
Housing Overlay Zones (2021-2022)
Initial feasibility assessment for affordable housing on a congregational site in Yorba Linda.
Reference: Karen Warner,
Principal,
Karen Warner Associates,
882 N. Holliston Avenue,
Pasadena, CA, 91104,
(626) 399-2955
[email protected]
Multifamily
Church Parking
Legend
30 du/ac
Richfield Rd Richfield Rd
Potential Housing Development
Lot Size: 1.84 acres (30 du/ac)
Number of Units: 55
Income Level: Very Low and Low
Lot Percentage: 19%
Potential Population: Family
Site S2-012
5320 Richfield Road
Richfield Community Church
Existing Conditions
Site Acreage: 9.48 acres
Building Footprint: 29,755 sf
Existing Parking: 302
Current Zoning: RU, RS Proposed Zoning: Congregational
Housing Overlay
Density Range: 20-35 du/ac
Existing Conditions
Potential Congregational Site
Building footprint: 28,953 sf (97%)
Parking: 279 (92%)
On-Street Parking: 0
Total Parking: 279 (92%)
Scheme A Land Use
Reconfigured Parking
Slope
Slope
Realistic Capacity Assessment
Congregational Land Affordable Housing
Church
Open Space
Residential
Access
Church New Building
The Arroyo Group Team - Cudahy Housing Element Proposal 14
3. Relevant Experience
City of Sierra Madre, CA
Congregational Overlay Zone (2021)
As part of satisfying its 6th Cycle Housing Element Regional Housing Needs Assessment and in response to our proposed Overlay Zone in neighboring Pasadena, the City of Sierra Madre requested the development of a Congregational Overlay Zone. The Arroyo Group was tasked with providing the City with a zoning code amendment that is effective at encouraging housing developments that have a harmonious relationship with religious congregations and neighborhoods. First, the Arroyo Group conducted a full review of the City of Sierra Madre’s zoning code along with visits to congregational sites for meetings with leaders and City staff. Next the Arroyo Group developed four affordable development concepts on four individual congregational sites in the City. After receiving direction from the City development standards were extracted from the development concepts, including height limits, parking requirements, setbacks, transitional height requirements, and more. The final deliverable was a draft zoning code amendment that encourages affordable housing developments on congregational land.
Additionally, as seen below, visualizations were developed to illustrate the potential development concepts on various congregational sites in the City.
Reference: Vincent Gonzalez,
Planning and Community
Preservation Director,
232 West Sierra Madre
Boulevard, Sierra Madre, CA,
91024
626-355-7138 x401,
vgonzalez@cityofsierramadre.
com
The Arroyo Group’s development concept for affordable housing on a congregational site in Sierra Madre.
Theoretical Example: Old North Church
Program
Lot Size: 0.47 acres
Current Use: Church
Parking, Vacant, SingleFamily Home
Number of Units: 36
Parking (Res): 35
Parking (Church):
Elsewhere
Three-story development
including podium parking
hidden from view
Important open space for
church
Two-story development on R3 zoned lot, subterranean
parking
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
12/06/2022 Page 1 of 2
STAFF REPORT
Date: December 6, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Noel Barajas Human Resources Manager
Subject: Adoption of a Proposed Resolution No. 22-73, A Resolution of the City Council of the City of Cudahy Amending the Classification Plan for City Employees
RECOMMENDATION
The City Council is requested to:
1. Approve Resolution No. 22-73, of the City Council of the City of Cudahy amending the Classification Plan for City employees; and
2. Authorize the recruitment and hiring of the new Senior Planner position.
BACKGROUND
On June 29, 2017, the City Council approved the City of Cudahy’s Classification Plan for City employees under Resolution No. 17-12.
On September 21 ,2021, the City Council approved the amended City of Cudahy’s Classification Plan for City employees under Resolution No. 21-30 to include the position of Building Inspector.
On June 7 ,2022, the City Council approved the amended City of Cudahy’s Classification Plan for City employees under Resolution No. 22-34 to include the position of Executive Assistant, Parking Enforcement Officer, and Senior Parking Enforcement Officer.
ANALYSIS
A Classification Plan is the foundation of any municipal personnel management system. Job descriptions become the basis for orientation, training, performance evaluation, and Item Number
16C
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
12/06/2022 Page 2 of 2
recruitment. The City’s current Classification Plan was designed to provide a strong and understandable rationale for assigning individuals to classifications based on the responsibilities they assume.
The City Manager has evaluated the Community Development Department’s Planning Division and is recommending the following change to the Classification Plan to increase efficiency in operational strategies:
Creation of a new position:
Senior Planner (Full-time, Mgmt.) – A17
CONCLUSION
If the update to the City of Cudahy’s Classification Plan is not approved, City staff will need to proceed without a planner in the supervisory role in the city.
STRATEGIC PLAN CORRELATION
This position will assist the city toward completing Goal E, City Infrastructure and Service Delivery. Objective 1. Ensure High-quality infrastructure to continue connectivity throughout the community.
FINANCIAL IMPACT
No financial impact. The City will transfer funds from the currently funded contracted planner contract to fund this position for the remainder of the fiscal year.
ATTACHMENTS
A. Proposed Resolution No. 22-73, A Resolution of the City Council of the City of Cudahy Amending the Classification Plan for City Employees
B. Master List of Class Titles
C. Newly Proposed Job Description:
a. Senior Planner
RESOLUTION NO. 22-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CUDAHY, CALIFORNIA AMENDING THE
CLASSIFICATION PLAN FOR CITY EMPLOYEES
WHEREAS, On September 7, 2021, the City Council approved the amended City of Cudahy’s Classification Plan for City employees under Resolution No. 21-26, to include Supportive Services Coordinator; and
WHEREAS, on September 21 ,2021, the City Council approved the amended City of Cudahy’s Classification Plan for City employees under Resolution No. 21-30 to include the position of Building Inspector; and
WHEREAS, on October 1 ,2021, the City Council approved the amended City of Cudahy’s Classification Plan for City employees under Resolution No. 21-41 to include the position of Administrative Services Director and Public Works Director; and WHEREAS, on June 7 ,2022, the City Council approved the amended City of Cudahy’s Classification Plan for City employees under Resolution No. 22-34 to include the position of Executive Assistant, Parking Enforcement Officer, and Senior Parking Enforcement Officer; and
WHEREAS, the City finds that it is necessary to consistently revisit its Classification Plan to assess its compatibility with meeting the City’s existing organizational need;
BASED UPON THE ABOVE RECITALS, THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The recitals set forth above are true and correct and incorporated herein by this reference.
SECTION 2. CLASSIFICATION CREATED. The Classification Plan of the City of Cudahy is hereby ratifying the following classification into the organizational structure:
Creation of new Position:
• Senior Planner (Full-time, Conf.) -A17
Attachment A Page 785 of 853
SECTION 3. Authorize a recruitment and hiring of the newly created classification of the Senior Planner position.
SECTION 4. If any part of this Resolution, or the application thereof, is held to be invalid, the remainder of this Resolution shall not be affected thereby, and this Resolution shall otherwise continue in full force and effect. To this end, the provisions of this Resolution, and each of them, are severable.
SECTION 5. This Resolution shall take effect immediately, following its adoption by the City Council and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this 6th day of December 2022.
Elizabeth Alcantar
Mayor
ATTEST:
Richard Iglesias
City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 22-73 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 6th day of December, 2022, and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Richard Iglesias
City Clerk
EXHIBIT “A”
MASTER LIST OF CLASS TITLES
MASTER LIST OF CLASS TITLES
Current Class Title Recommended Class Title
City Manager
City Manager (F/T) City Manager (F/T)
Public Safety & Services
Public Safety & Services Manager (F/T) Public Safety & Services Manager (F/T) Senior Community Preservation Officer
(F/T)
Senior Community Preservation Officer (F/T)
Community Preservation Officer (F/T) Community Preservation Officer (F/T) Community Preservation Technician (P/T) Community Preservation Technician (P/T) Municipal Enforcement Officer (P/T) Municipal Enforcement Officer (P/T) Senior Municipal Enforcement Officer (F/T) Senior Municipal Enforcement Officer (F/T) N/A Parking Enforcement Officer (F/T)
N/A Senior Parking Enforcement Officer (F/T)
Engineering Services
N/A Public Works Director/Engineer (F/T)
Assistant City Engineer (F/T) Assistant City Engineer (F/T) Assistant Engineer (F/T) Assistant Engineer (F/T)
Associate Engineer (F/T) Associate Engineer (F/T)
Professional Support
Human Resources Manager (F/T) Human Resources Manager (F/T) Human Resources Specialist (F/T) Human Resources Specialist (F/T) N/A Executive Assistant (F/T)
N/A Management Analyst (FT)
Administrative Analyst (F/T) Administrative Analyst (F/T) Administrative Intern (P/T) Administrative Intern (P/T) Administrative/Secretarial/Clerical Support
N/A Administrative Services Director (F/T)
Administrative Assistant (F/T) Administrative Assistant (F/T) Administrative Clerk (P/T) Administrative Clerk (P/T)
N/A Purchasing/Grants Coordinator F/T
Finance
Finance Manager (F/T) Finance Director (F/T)
Senior Accountant (F/T) Senior Accountant (F/T)
Attachment B Page 789 of 853
Accounting Technician (F/T) Accounting Technician (F/T) Account Clerk (P/T) Account Clerk (P/T)
City Treasurer (F/T) City Treasurer (F/T)
City Clerk
City Clerk (F/T) City Clerk (F/T)
Assistant City Clerk (F/T) Assistant City Clerk (F/T)
Deputy City Clerk (F/T) Deputy City Clerk (F/T)
Junior Deputy City Clerk (F/T) Junior Deputy City Clerk (F/T) Community Development
Community Development Manager (F/T) Community Development Director (F/T) CDBG Coordinator (P/T) CDBG Coordinator (P/T)
Planning Technician (P/T) Planning Technician (P/T)
Planning Assistant (F/T) Planning Assistant (F/T)
Planning Associate (F/T) Planning Associate (F/T)
N/A Senior Planner (F/T)
Supportive Services Coordinator (F/T) Supportive Services Coordinator (F/T) Building Inspector (F/T) Building Inspector (F/T)
Maintenance
Maintenance Superintendent (F/T) Maintenance Superintendent (F/T) Maintenance Leader (F/T) Maintenance Leader (F/T)
Maintenance Worker (F/T) Maintenance Worker (F/T)
N/A Maintenance Worker Janitorial (F/T)
Maintenance Aide (P/T) Maintenance Aide (P/T)
Parks and Recreation
Recreation Program Coordinator (F/T) Recreation Program Manager (F/T) Asst. Recreation Program Coordinator (F/T) Asst. Recreation Program Coordinator (F/T) Senior Recreation Leader (P/T) Senior Recreation Leader (P/T) Recreation Leader (P/T) Recreation Leader (P/T)
Recreation Aide (P/T) Recreation Aide (P/T)
CITY OF CUDAHY
CLASSIFICATION SPECIFICATION
Senior Planner
(Full-Time, Management Position)
DEFINITION:
The Senior Planner performs complex, advanced, high-level professional planning and supervisory work. The Senior Planner may provide lead direction and technical training for assigned staff. This position is responsible for writing and managing current and citywide longrange planning efforts including municipal code updates, policy planning, processing of entitlements, design guidelines, General Plan, Specific Plans, grants, interdepartmental and regional planning partnerships, community engagement, managing consultants and other special planning projects and collaborative assignments. Assignments will be broad in scope and require the use of considerable independent judgment in making technical decisions and guiding work to completion. The ideal candidate possesses extensive professional planning experience, technical knowledge, has the ability to multi-task and can work in a fast-paced environment.
EXAMPLES OF ESSENTIAL DUTIES:
The duties and responsibilities listed below are intended to provide a representative list of the various types of work that may be performed. Specifications are not intended to reflect all duties performed within the job class, and incumbents may expect to perform other related similar duties. • Plan, prioritize, assign, supervise, and participate in the work of staff responsible for providing day-to-day services and activities in the areas of advanced planning. • Ability when needed to serve as project manager for multiple complex current planning projects, processing a variety of entitlements such as conditional use permits, variances, tract maps, precise plan of design, etc.
• Understand and learn the duties of each Division within the Department to provide information, solve issues and process applications as needed. • Conduct work related to long range planning; researching and making recommendations regarding zoning, land use, transportation, community facilities, Attachment C Page 791 of 853
Senior Planner Classification Specification
demographic and economic projections, community appearance, community development, neighborhood planning, revitalization and other city initiatives. • Write grants and complete projects for a variety of planning studies including specific plans, general plan element updates, economic development, etc.
• Collaborate to achieve land use and community development objectives as necessary and consistent with federal, state, county, and local laws. • Prepare requests for proposals for technical consultant services; evaluate proposals; manage and oversees technical consultants’ work products; ensure that deliverables are submitted on time and budget and that progress and payment requests are consistent with policy and contract provisions.
• Conduct plans check of improvement plans and maps related to development projects, as well as building permit-level plan submittals associated with complex projects to verify compliance with project approvals and zoning requirements; conduct over-thecounter plan check of less complex development proposals and land uses; approves minor development plans.
• Evaluate technical studies, including studies related to the National Environmental Policy Act, California Environmental Quality Act, Subdivision Map Act and other planning related laws.
• Keep informed of current trends in planning, including legislation, court rulings and new techniques; undertake studies and prepare reports and recommendations on anticipated needs and programs.
• Conduct and supervise outreach in the community; gather data for implementing or evaluating current and advance planning projects.
• Attend meetings of the City Council, Planning Commission, various boards and committees; prepare and present staff reports; advise members and citizens on matters relating to planning activities, development, and ordinances. • Provide technical training and motivate assigned personnel; work with employees to correct deficiencies; implement discipline as necessary. • Foster and develop a culture of positive customer service in working relationships with key staff, division and departmental employees, other governmental organizations, and with external services such as consultants, citizens, legal counsel, boards, and commissions, and City Council.
• Ensure the maintenance of accurate and complete records of department activities and records relating to applications, licenses, permits, maps, parcels, overlays, zoning, GIS and site plans.
Senior Planner Classification Specification
• Perform other duties as assigned.
QUALIFICATIONS:
Knowledge of: • California Planning Law; Principles and practices of urban planning; Statutes related to general plans, zoning and land divisions; Architecture and site planning principles; Environmental laws and regulations; Ordinance evaluation Ability to: Establish and maintain cooperative working relationships with those contacted in the course of work; Compile and analyze technical information and prepare concise agenda reports; Make clear and effective oral presentations of technical data; Oversee, instruct and advise subordinate staff; Prepare ordinance amendments and perform planning research work.
Education and Experience: A Bachelor's Degree in Urban and Regional Planning or a related field; college coursework/extension classes. Five (5) years of related experience in municipal planning and community development is required. Leadership experience and public contact experience required. Ability to speak Spanish is highly desirable.
Necessary Special Requirements: Possession of a valid Class C motor vehicle operator’s license from the State of California.
OTHER QUALIFICATIONS:
The physical demands described below are representative of those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions on a case-by-case basis.
While performing the duties of this classification, an incumbent is regularly required to use hands and fingers to handle or feel. The employee is frequently required to talk, hear, and to sit and reach with hands and arms. The employee is occasionally required to stand, walk, climb or balance and stoop, kneel, crouch or crawl. The employee must regularly lift and/or move up to ten (10) pounds, frequently lift and/or move up to thirty (30) pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception and ability to adjust focus. Work is performed indoors in an office environment and outdoors in the field. When in the field, an incumbent may walk on slippery/uneven surfaces and slopes, twist and be exposed to construction materials and dust.
FLSA Status: Non-Exempt Effective Date: Drafted 11/22/2022
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Staff Report
12/06/2022 Page 1 of 4
STAFF REPORT
Date: December 6, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: From: Alfonso Noyola, City Manager/Executive Director By: Richard Iglesias, City Clerk
Subject: Approval of Professional Services Agreement for Remote and On-site Translation Services
RECOMMENDATION
City Council is requested to award a Professional Services Agreement (PSA) to Language Network to provide remote and on-site translation services not to exceed $18,000.
BACKGROUND
1. On October 6, 2022, the City issued a Request for Proposals (RFP) for Translation Services.
2. On October 31, 2021, the proposal due date closed, and the City received thirteen proposals total, yet four proposals were for written translation only.
3. On November 1, 2022, the City reviewed all proposals.
4. On November 7, 2022, the City notified Language Network that it was the top-ranked in the RFP process and would be recommended to Council for contract approval.
ANALYSIS
Following best practices, the City issued an RFP to provide remote and on-site Spanish translation services to Cudahy residents.
The City received nine (9) proposals during the RFP phase for remote or on-site. The nine submittal summaries are below:
Item Number
16D
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Staff Report
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Firm Name/State Price Equipment
Charges
Additional
Charges
Effectiff - FL $58 per hour (2
hours minimum
billing)
Did not include
Language Network - CA $90 per hour (2
hours minimum
billing)
$8 per unit
(Headset and
Receivers
(Minimum 20)
$100 per
Transmitter
Mileage billed at
the current IRS
set mileage
reimbursement
rate not to
exceed 50 miles
round trip.
Rate for Short
Notice Request,
(less than 1
business day),
After hours,
Holiday and/or
Weekend
Appointment
Times $10 per
hour additional.
Day Translations - FL $128 Half Day $400 for
equipment (10-
20 people)
Volatia Language Network - VA Virtual Platform
Interpretation
Only ($0.73 per
minute)
N/A
Human Touch Translations - NY $95 Per Hour
(Minimum 2-
hour charge)
Did not include
Focus Interpreting - CA $125
Simultaneous
Interpreting Per
Hour (Minimum
2-hour charge).
Via Zoom $95.00
1-20 people:
Mic with
Transmitter:
$65/ each
Receiver
Headsets:
$15/each
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20+ people,
the price goes
up.
TransLinguist - DE $550 Half Day
(As per industry
standards)
Did not include
Cal Interpreting & Translations - CA On-Site: $110
Per Hour
(Minimum 3-
hour charge)
Remote: $90 Per
Hour (Minimum
2-hour charge)
Table-Top
Booth $350 ea.
Stationary
Transmitter
$150 ea.
Interpreters’
Control Unit
$75
Interpreters’
Headsets $40
ea.
RF Receivers
$5.50 ea.
Travel time is
billed at $90 per
hour or a
fraction thereof.
Technical
Assistance
$150/Hour (3
hours minimum)
Bilingual Services International -
CA
$495 per
interpreter Half
Day (up to 3
hours)
$15 per headset Each additional
hour is $135
Due to its extensive experience, expertise, cost, and ability to perform the task requested in the RFP, the City deemed Language Network to be the lowest, most responsive, and responsible bidder. If approved, Language Network would provide remote or on-site translation Services for City Council meetings, Special Meetings, Townhall Meetings, or other meetings as needed.
CONCLUSION
Translation services are necessary for our Spanish-speaking community, who attend City Council Meetings and other meetings as scheduled. Therefore, City staff recommends Council to approve an agreement with Language Network for remote and on-site translation services to continue to provide these services.
STRATEGIC PLAN CORRELATION
None.
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FINANCIAL IMPACT
The financial impact for regular Council meetings (average of 2.5 hours per meeting) is estimated at $11,640 annually. The total cost to perform these services will vary depending on special meetings, town hall meetings, or other meetings where translation services are needed.
The services will be funded through existing budget appropriated for Fiscal Year 2022-23.
ATTACHMENTS
A. Draft Professional Services Agreement between the City of Cudahy and Language Translation with Exhibit A, Exhibit B, and Exhibit C.
2022
PROFESSIONAL SERVICES AGREEMENT
(Engagement: TRANSLATION SERVICES)
(Parties: Language Network Inc. and City of Cudahy)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into ______ day of December 2022 (hereinafter, the “Effective Date”) by and between the CITY OF CUDAHY, a municipal corporation (hereinafter, “CITY”) and Language Network Inc. (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires professional translation services; and WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and WHEREAS, the execution of this Agreement was approved by the Cudahy City Council at its Regular Meeting of December 6, 2022, under Agenda Item No. 16D.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I.
ENGAGEMENT TERMS
1.1 TERM: This Agreement shall have a term commencing from the Effective Date through December 6, 2023, (hereinafter, the “Term”) and may be extended by the City administratively a maximum of two (2) one-year extension terms without having to return to City Council for approval. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination) below.
1.2 SCOPE OF SERVICES:
A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “Request for Proposal Translation Services” (hereinafter, “CITY RFP”) and the written proposal of CONSULTANT entitled “Translation and Interpretation Services” (hereinafter, the “CONSULTANT Proposal”). The CITY RFP and the CONSULTANT Proposal are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONSULTANT Proposal. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of Attachment A Page 799 of 853
any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT Proposal, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further.
In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.”
1.3 PROSECUTION OF WORK:
A. CONSULTANT shall perform the Work contemplated under this Agreement on an on-call, as-needed basis. Nothing in this Agreement shall be construed to grant CONSULTANT the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONSULTANT to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONSULTANT and accepted by CITY. CITY requests for the performance of specific services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a “Work Order”). Each Work Order shall include the following information:
1. A detailed description of the specific services or tasks requested;
2. The location of where the particular services or tasks are to be performed, if applicable;
3. A not-to-exceed budget for performing the services or tasks;
4. A timeline for completing the requested services or tasks;
5. Any other information CITY deems necessary and relevant to the requested services or tasks; and
6. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.
B. CONSULTANT shall perform no Work under this Agreement without a written request from the City Representative, containing the information set forth in Section 1.3(A) above;
C. CONSULTANT shall perform the Work continuously and with due diligence so as to complete the Work by the completion date indicated in each Work Order.
CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents; D. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; E. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and
F. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with the “FEE PROPOSAL” which is attached and incorporated hereto as Exhibit “C” (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the aggregate budgeted sum of EIGHTEEN THOUSAND DOLLARS ($18,000)(hereinafter, the “Not-to-Exceed Sum”) during the Term of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Aggregate Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Aggregate Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.5 PAYMENT OF COMPENSATION: The Not-to-Exceed Sum will be paid to CONSULTANT in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONSULTANT will 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. If the amount of CONSULTANT’s monthly compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.6 ACCOUNTING RECORDS: CONSULTANT will 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. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work 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, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement.
Furthermore, CONSULTANT will 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 CONSULTANT’s cessation or abandonment.
II.
PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVE: The CITY hereby designates Alfonso Noyola, City Manager (hereinafter, the “CITY Representative”) to act as its representative for the performance of this Agreement. The CITY Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the CITY Representative or their designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Stacy Harjer, Director of Business Development to act as its representative for the performance of this Agreement (hereinafter, “CONSULTANT Representative”).
CONSULTANT Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. CONSULTANT Representative or HIS/HER designee will supervise and direct the performance of the Work, using his best skill and attention, and will 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 CONSULTANT Representative will constitute notice to CONSULTANT.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:
CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the CITY Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by CITY Representative or his or her designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:
A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative.
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.) CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom;
E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) 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 will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the CITY Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will 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 CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT 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 CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon
written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.
2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT CONTRACTOR:
The Work will be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee.
CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work 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 Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like.
CONSULTANT will 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.
2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the CITY Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.
2.9 COMPLIANCE WITH LAWS: CONSULTANT will 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 Work. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the U.S.
Department of Housing and Urbanization.
2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.
CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.
CONSULTANT and all persons retained or employed by CONSULTANT will 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 CONSULTANT 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 the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONSULTANT will 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 will 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: CONSULTANT will 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 will have minimum limits of no less than Two Million Dollars ($2,000,000.00) 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 will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.
D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will 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 will 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 will 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 the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT will 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 will be in excess of CONSULTANT’s insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.
3.6 VERIFICATION OF COVERAGE: CONSULTANT 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 wellbeing and, indirectly, the collective well-being of the residents of the CITY.
Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements 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 will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work or any of the Work. Upon CITY’s written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.
The insurance coverage requirement set forth under this Article 3 are in addition to any coverage requirements set forth under Section VIII (Insurance Coverages) of the CITY RFP.
3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has
the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.8 SPECIAL RISKS OR CIRCUMSTANCES. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.
4.2 To the fullest extent permitted by law, CONSULTANT 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 CONSULTANT’s performance of work 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 to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the CITY Indemnitees under this Article, or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT 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 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT 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 CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT 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 CONSULTANT 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 immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination. CONSULTANT 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 CONSULTANT to provide all finished or unfinished Documents and Data, as defined in section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work. CONSULTANT will 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, will 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”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will 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 will be cured, which will not be less than the applicable cure period set forth under Sections
5.2B 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 will 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.
B. CONSULTANT will cure the following Events of Defaults within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement. Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section
5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10- day cure period; or
ii. 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, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT 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 will be under no obligation to grant additional time for the cure of an Event of Default under this Section
5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14- day cure period.
In addition to any other failure on the part of CONSULTANT 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 CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’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) CONSULTANT’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 CONSULTANT, whether voluntary of involuntary; (v)
CONSULTANT’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 CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY will cure any Event of Default asserted by CONSULTANT within fortyfive (45) calendar days of CONSULTANT’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 CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’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, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will 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 will 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 will 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 will 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:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the
Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will 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, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will 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 will 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 will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will 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, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT 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. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as
legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work 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: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT 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 will 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:
CONSULTANT: CITY:
Language Network Inc.
8506 Santa Monica Blvd # 65575
West Hollywood, CA 90069
Phone: (949) 733-2446
Attn: Stacy Harjer
City of Cudahy
City Clerk’s Office
5220 Santa Ana Street
Cudahy, CA 90201
Phone: (323) 773-5143
Attn: Richard Iglesias
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, fortyeight (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 will fully cooperate with one another, and will 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: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.
6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement.
Further, CONSULTANT 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
CONSULTANT, 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 will 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, will 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 will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will 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, will be in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will 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 will 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 will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
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 will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will 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 will 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 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto,
the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes 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, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.16, above.
6.20 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section 6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY. (SIGNATURES ON NEXT PAGE)
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF CUDAHY:
By:
Alfonso Noyola, ICMA-CM
City Manager
Date:_______________________
LANGUAGE NETWORK INC.
By:
Name:
Title:
Date:_______________________
APPROVED AS TO FORM:
By: _____
City Attorney
Date:____________________________
EXHIBIT “A”
CITY RFP
Request for Proposals (RFP)
Translation Services
October 6, 2022
Consultants may email questions to the following contact:
Richard Iglesias, City Clerk
[email protected]
City of Cudahy
5220 Santa Ana Street
Cudahy, CA 90201
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CITY OF CUDAHY
REQUEST FOR PROPOSALS
Translation Services
I. Introduction
The City of Cudahy is seeking qualified consultants with experience in providing verbal and written translation services for public meetings, townhalls, workshops, events, etc. This Request for Proposals (“RFP”) provides the scope of work, submission format, guidelines, and evaluation and selection process.
The City’s goal is to provide verbal and written translation services to Cudahy residents, many of whom are primarily Spanish speakers.
Translation services required by the City are generally of short duration and specific in nature.
Through this RFP process, the City seeks to establish a Professional Services Agreement with the approved consultant with an authorized contract not-to-exceed $24,000 for one year, with a maximum of two (2) one-year extension terms. The City of Cudahy may award a contract to one or two consultants in conjunction with this RFP.
Depending upon the project's scale and particular needs, the consultant may need to demonstrate their ability to undertake the job before the project is assigned.
II. Background
Cudahy is located in Southeast Los Angeles County, next to the L.A. River. The City was incorporated on November 10, 1960, and named after its founder, meat-packing baron Michael Cudahy, who purchased the land known as Rancho San Antonio in 1908 for development.
Cudahy is 1.1 square miles with a current population of 23,606. The City is a general law city and operates under the council-city manager form of government.
III. Scope of Work
Consultants shall be expected to provide the following services to the City of Cudahy upon request:
A. Public Meetings
The City requires simultaneous translation (English/Spanish) services for city council meetings every first and third Tuesday of each month and other meetings on an asneeded basis for special city council meetings, committee meetings, town hall meetings, workshops, events, and other meetings on Zoom or in person. Consultants must provide all equipment necessary to provide this type of service.
B. Publications, Presentation Materials and Other Documents The City may require written translation services (English to Spanish) for publications, presentations, brochures, correspondence, notices, surveys, reports, PowerPoint presentations, City rules, policies, regulations, etc.
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C. Website and Social Media
The City may require content translation for City website, text alerts, and all social media sites (i.e., Facebook, Twitter, Instagram, etc.).
D. Emergency Translation
In the event of a catastrophic event or some other emergency, the City will require translation services to prepare notifications. The consultant may also be required to provide translation services in conjunction with the Public Information Officer (PIO) or designated City Staff.
IV. Statement of Qualifications Format and Content
If a consultant does not offer verbal and written translation services, provide only the translation service offered and all other information requested in this section. Indicate non-applicable (N/A) or state that the consultant does not offer the service.
The format and sequence of each Consultant Statement of Qualifications (“SOQ”) shall be as follows:
A. Provide office location, company history, current number of employees, and contact information.
B. Describe the Consultant in terms of overall capabilities, areas of expertise, certifications, experience, and training concerning the proposed scope of work in Section III.
C. Identify availability and accessibility for all City meetings, including the availability of other consultants and alternates; include routine and urgent response times.
D. Please list any current or past comparable contracts or experience. Please indicate:
a. Contracting agency
b. Type of services provided
c. Years of services provided
E. It is anticipated that services will be billed at hourly rates. Please provide a detailed list of hourly rates and/or project rates for all services referred to in the scope of work. Provide rates for Zoom meetings and in-person meetings if different.
F. Describe the time required to return translated documents, for example:
• How fast can a document of 250 words be translated and returned? • How quickly can a document of 500 words be translated and returned? • How fast can a document of 1000 words be translated and returned? • When determining turnaround time, are weekend days included? • What are the limits to a same-day, second-day, or third-day rush request? G. Resumes and certifications of all consultants providing service.
H. Provide a minimum of at least three (3) references. Include names, addresses, telephone numbers, and a brief project description.
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I. Any additional information the Consultant deems appropriate.
V. Submittal Guidelines
Submissions shall be emailed to [email protected], hand-delivered, or mailed to the address below:
Richard Iglesias
City Clerk
City of Cudahy
5220 Santa Ana Street
Cudahy, CA 90201
Any inquiries related to the RFP should be directed to Richard Iglesias at (323) 773-5143 ext. 227 or emailed to [email protected].
Please note that late or incomplete submissions will not be considered or evaluated.
VI. Selection Process Timeline
Distribution of RFP: October 6, 2022
Submission deadline: October 31, 2022, at 5:00 p.m.
SOQ are evaluated: November 1, 2022
City Staff interviews top consultants (If needed): November 3, 2022 City Staff selects consultant(s): November 3, 2022
Finalize Agreement(s) with approved consultant(s): November 9, 2022 Agreement(s) subject to Council approval: November 15, 2022 VII. Evaluation and Selection Process
Submissions will be evaluated utilizing the following criteria:
• Background and experience of the Consultant in conducting similar work • Ability to provide translation services verbal or written and complete the work in a correct and timely manner
• Accessibility and Availability
• Cost
• References
As part of the evaluation process, the City of Cudahy may conduct interviews with consultants whose qualifications closely match the RFP requirements. Upon completion of the evaluation process, the most qualified consultant(s) will be contacted to finalize the Scope of Work and related terms of a professional services agreement. A draft agreement (Attachment A) is included as part of this RFP.
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The City of Cudahy reserves the right to reject any and all proposals received, not necessarily accept the lowest bid price submitted, should it be deemed in its best interest to do so.
VIII. General Terms and Conditions
Clarification of Information
The City reserves the right to request clarification of information submitted and to request additional information from any consultant.
Submission Validity
The Consultant pricing shall be valid for a minimum of 90 days.
Submission Acceptance
The City reserves the right to accept all or a portion of the Consultant’s proposal.
Proposal Preparation Costs
The City shall not be responsible for any costs incurred by the Consultant in preparing, submitting or presenting its response to the RFP.
Insurance
Consultant, at all times, while performing work under an awarded City Agreement, shall maintain general liability insurance coverage applicable to the services being rendered by the consultant in accordance with California law.
Withdrawal of Proposal Before Closing
Any consultant may request the withdrawal of their submission, either in person, by telephone, or written request, at any time prior to the scheduled closing date and time. Upon receiving the written request to withdraw any proposal, City of Cudahy will consider the Consultant’s submission null and void. Withdrawal of Consultant’s submission will not prejudice the Consultant’s re-submittal for this or any future submissions.
Interpretation of Documents
During the solicitation period should a Consultant find discrepancies or omissions in the specifications of the RFP, or should the Consultant be in doubt as to their interpretation, the Consultant shall immediately notify the City contact named in the RFP. Should it be found necessary, an addendum will be posted on the city website. Any addenda shall form a part of this solicitation and shall become a part of the submitted proposal.
Public Record
Upon the authorization of consultants, the results will become available. Be advised all information contained in submissions in response to this solicitation shall be subject to the California Public Records Act (government Code Section 6250 et seq.), and information use and disclosure are governed by this act.
Liens
The Consultant shall pay all sums of money that become due from any labor, services, materials or equipment furnished to consultant on account of said product/services to be furnished as a result of the RFP and that may be secured by any lien against the City of Cudahy. The Consultant shall fully discharge such lien no later than the time of performance of the obligation.
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Federal, State and Local Laws
The Consultant and all sub-contractors shall comply with all applicable federal, state and local laws, rules, and regulations.
EXHIBIT “B”
CONSULTANT PROPOSAL
Language Network Inc.
Response to
RFP
Translation and Interpretation Services
Total Pages: 12
Dated:
October 31st 2022
CONSULTANT STATEMENT OF QUALIFICATIONS
A. We have nearly 12 local key-staff members (in addition to our 33 remote, internal team members) to exclusively support the City of Cudahy.
LOCATION:
11801 Pierce Street, St 200
Riverside, California 92505
(949) 733-2446
COMPANY HISTORY: Language Network began as a single Spanish interpreter in Orange City, California in 1991. We have continued to listen to our clients to solve their challenges with language barriers and as their needs grew, so did we. Today, we are a full-service language solutions company with a vast network of linguists, partnering with organizations across the entire state of California and Washington. Our language services include translation, interpreting, and consulting in over 200 languages.
Our established reputation and extensive experience in educational language services have allowed us to develop loyal relationships with a client base composed of state and local government agencies, colleges and universities, K-12 Schools, community and healthcare organizations. We pride ourselves on our ability to deliver prompt and reliable service to maintain a long-term client partnership. Language Network has an excellent reputation for supporting nearly 100 local government agencies throughout California and Washington.
Our translators and interpreters are highly qualified and experienced in working within the local government environment. Language Network Inc. has a selection process ensuring you get the right language professional that specializes and/or is experienced for the type of services needed.
B. CAPABILITIES AND EXPERTISE
Language Network is a full-service language solutions company specializing in on-site interpreting, remote interpreting, document translation, transcription and other multimedia services.
Organizations across local government, K-12 education, healthcare, insurance, legal, and government agencies rely on Language Network. In 2020, Language Network was recognized as a top twenty interpreting services provider out of 426 language companies by Common Sense Advisory. (Link)
Language Network was founded in 1991 and is a minority owned California corporation with corporate headquarters in Riverside, California with offices and team members based in Sacramento, Santa Barbara, and Greater Los Angeles. Language Network currently employs 41 team members to support our clients.
Our commitment is to provide the best interpreters and translators, the highest standard of quality, personal service and on-schedule delivery for each project at a reasonable cost. Our years of experience in translation, interpretation, project management, interpreter and translator
training and education, and as multi-cultural communications consultants assure our clients of the highest level of quality and service in the industry.
Language Network stays up to date with the latest trends, certifications and laws that affect our industry by maintaining contact with the Judicial Council of California, the National Board of Medical Interpreters (CMI), and Certification Commission for Health Care Interpreters (CCHI) and several local and national organizations. In addition, Language Network is an active member of industry associations such as Association of Language Companies (ALC) and the American Translators Association (ATA).
We are currently partnered with nearly 100 local government entities in California and Washington. Language Network interpreters and translators are specialized linguists with many years of experience providing communication in local government settings.
Our interpreters must have at least three years of in-the-field experience. The resources are educated and prepared for conducting themselves in a professional manner in compliance to our industry code of ethics. Due to the nature of public meetings, our interpreters are proficient and provide consecutive and simultaneous interpretation to our local government clients.
Language Network certified translators are proficient in producing an accurate document translation that integrates critical factors: the target audience, cultural relevance, accurate translation of the subject matter and formatting of the document.
Each of the translators must have at least 5 years of translation experience and be certified to translate their language pairs. Certification is obtained either through university translation degrees and/or accreditation through national organizations. Each of our translators must provide several sample translations for review.
C. AVAILABILITY, METHODOLOGY AND APPROACH TO WORK
Language Network has over 4,000 highly qualified interpreters ready to meet your needs.
Interpreters we work with provide quality and culturally sensitive interpretations to help you comply with regulations and reduce risk. Whether you have a meeting or conference that requires a single interpreter, or a larger setting that requires interpreting equipment for multiple languages, Language Network is able to support the project. Our local on-site and video interpreters service several Cities throughout California and are well trained on simultaneous interpretation within the public meeting space.
For public meetings in one or more languages, we deploy simultaneous interpreters either onsite, via video or both depending on the City’s request. We have local resources who are highly trained and skilled to perform this type of interpreting.
Consecutive interpretation is also available via video, onsite and over the phone. Typically, we deploy this during the question and answer session of a public meeting and/or if questions on a virtual platform need to be site translated to the audience.
Over-the-phone interpreters are available 24/7/365 in an on-demand model, within minutes, to help facilitate a conversation. This easy and cost-effective form of interpreting is a great way to help your multilingual interactions run as smoothly as possible.
Our linguists who are assigned to local government requests understand that public meetings can last 3-6 hours if not longer. Our dedicated scheduling team will make sure to provide resources who can cover the duration of these meetings as well as provide resources during weeknights when these types of meetings are typically held.
Language Network has over 2,000 certified translators who are proficient in producing an accurate document translation that integrates critical factors: the target audience, cultural relevance, accurate translation of the subject matter and formatting of the document.
Each of the translators must have at least 5 years of translation experience and be certified to translate their language pairs. Certification is obtained either through university translation degrees and/or accreditation through national organizations. Each of our translators must provide several sample translations for review.
Language Network will also assign a dedicated Account Manager to prepare and deliver 30-minute onboarding/training session(s) to the requesters. The session(s) will include an overview of how to schedule services, reach on-demand telephonic interpreters, request translation quotes, and answer any questions that requesters have regarding specific use-cases. We can also cover the rules and regulations related to language access during this session, if requested.
We will provide a secure online booking system for requesters to pre-schedule interpretation appointments and run data reports to review usage. The booking system is HIPAA compliant and each authorized user will be provided a secure, dedicated username and password. Our Operations team can customize user-access depending on if the City would like one user or multiple users to have access.
Our goal is to ensure that we have a streamlined work plan and open communication during our partnership.
D. COMPARABLE CONTRACT SAMPLES
Language Network is contracted with nearly 100 local government agencies in California and Washington. Please find below a few of our Southern California clients.
City of Bellflower
16600 Civic Center Dr, Bellflower, CA 90706
Contact person:Mayra Ochiqui, City Clerk
Email address: [email protected]
Telephone address:(562) 804-1424, ext. 2222
Project name: Translation and Interpretation Services
Dates worked performed: 2011 - Current
Summary of scope of services: Translation of election material. Over 10 years of translation requests for city election material that is mailed to residents and posted in newspapers. The City of Bellflower has to accommodate a large limited English speaking population and requests translated material in multiple languages. The City utilizes Language Network for reliable and accurate translation delivered in a timely manner and often requests 24 hour turnaround time to make election compliance deadlines for posting translated notices.
Project cost: $20K annually
City of Arcadia
Address: 240 W Huntington Dr, Arcadia, CA 91007
Contact person: Michael Bruckner, Deputy City Manager
Email address: [email protected]
Telephone address: (626) 574-5433
Project name: Interpretation and Translation
Dates worked performed: 2020-Current
Summary of scope of services: City of Arcadia has large Mandarin/Cantonese speaking populations and contacted Language Network to develop a Language access plan that would engage their diverse community across all city departments. The City of Arcadia provides language support at all public meetings including simultaneous interpretation and translation.
The City translates mailers, notices, website communications within 24-48 hours and are able to utilize our 24/7 phone interpreting line to handle calls from the community. Finally, the City has been able to build engagement with their limited English speaking populations and remain compliant with public meeting rules and regulations. All city departments from public works to city clerk’s office request translations and interpreting support with Language Network.
Amount: $10K annually
City of Escondido
Location and Main Point of Contact:
Sarena Garcia, MMC, Assistant City Clerk
City Clerk’s Office | City of Escondido
Direct: 760-839-4080 | Main: 760-839-4617
Dates worked performed: 2020-Current
Amount: $60K annually for onsite and video simultaneous interpretation for public meetings regarding redistricting. Public meeting notice translation services.
City of Placentia
Location and Main Point of Contact:
Karen O’Leary | Deputy City Clerk
City of Placentia | 401 E. Chapman Ave. Placentia, CA 92870 714-993-8244 | FAX 714-961-0283 | [email protected] Dates worked performed: 2020-Current
Amount: $20K annually for onsite and video simultaneous interpretation for public meetings regarding redistricting. Public meeting notice translation services.
E. FEE PROPOSAL:
On-site Interpreting Rates - Consecutive
Consecutive Interpreting- On-Site Unit
Minimum
Charge
Tier 1 Languages: Spanish $90 Per Hour 2 Hours
Tier 2 Languages $140 Per Hour 2 Hours
Tier 3 Languages $160 Per Hour 2 Hours
American Sign Language (ASL) $110 Per Hour 2 Hours
On-Site Interpreting Rates - Simultaneous
Simultaneous and or Seminar/Group
Interpreting- On-Site
Half
Day
Full
Day
Tier 1 Languages: $350 $550
Tier 2 Languages $550 $850
Tier 3 Languages $750 $1,250
Over-the-Phone Interpreting
Over the Phone Interpreting Unit
Minimum
Charge
Spanish $2.00 Per Minute 15 Minutes
All Other Languages $2.25 Per Minute 15 Minutes
Video Remote Interpreting - Pick your Platform-
Pre-Scheduled Unit
Minimum
Charge
Tier 1 Languages: Spanish $90 Per Hour 2 Hours
Tier 2 Languages $140 Per Hour 2 Hours
Tier 3 Languages $160 Per Hour 2 Hours
American Sign Language (ASL) $110 Per Hour 2 Hours
Interpreting Equipment
Headset and Receivers (Minimum 20) $8 Per Unit
Transmitter $100 Per Unit
Document Translation
Translation (Translation, Edit, and Proof) Unit
Project
Minimum
Tier 1 Languages: Spanish 0.16 Per Word $100
Tier 2 Languages 0.26 Per Word $100
Tier 3 Languages 0.35 Per Word $100
Rush Fee 25%
Of Total Project
Cost
*Standard turn-around time for translation is within 5 business days (projects less than 7,000 words)
*Unit is Source word – the language in which the material is written when submitted for translation
Support and Multimedia Services:
Desktop Publishing/Formatting $65 Per Hour
Audio Transcription (Voice) $10 Per Minute
Multimedia File Format and Conversion $65 Per Hour
Additional Terms:
*Rate for Short Notice Request, (less than 1 business day), After hours, Holiday and/or Weekend Appointment Times $10 per hour additional.
*2 hour minimum fee applies to onsite interpreting. Each hour after 2 hours is billed at prorated hourly rate. Hourly charge will commence from interpreter’s initial arrival to interpreter’s final departure. Anytime thereafter will be billed in 15 minute increments. Half day is defined as 0-3 hours and Full day is defined as 3-6 hours. Anytime thereafter will be billed in 30 minute increments.
*For scheduled video remote calls late cancellation, 100% cancellation fee applicable for the time scheduled.
*Rate Exceptions: Depending upon the availability of interpreter and languages of lesser diffusion, rates may need to be altered accordingly. Rates for On-site-interpreters in States other than California (including Central and Northern California) may vary. Every effort is made to keep within rates mentioned above. I
*Additional Charges: Mileage will be billed at the current IRS set mileage reimbursement rate and not to exceed 50 miles round-trip per interpreter. Round trip from interpreter’s home location to site. Parking fees, tolls, entrance fees to be reimbursed. Round trip from interpreter's location to site."
*Cancellation and Patient/Provider No-Show Policy: 100% Cancellation Fee if appointment is canceled less than 24 hours (business day) before appointment. The interpreters are allocated time for your assignment alone, therefore cancellation notifications less than 24 hours (business day) must be billed.
Language List:
Tier 1 Languages:
Spanish
ASL Tier:
American Sign
Language
Tier 2 Languages:
Arabic (Egyptian)
Chinese
Mandarin Flemish
Hungaria
n Polish Swedish
Arabic (Iraqi) Croatian French Italian Romanian
Tagalog
(Filipino)
Arabic (Modern
Standard) Czech
French
Canadian Korean Russian Taiwanese
Arabic (Moroccan) Danish
French
Creole Latvian Serbian Ukrainian
Arabic (Sudanese) Dutch Georgian
Lithuania
n Sicilian Vietnamese
Arabic (Yemeni) Estonian German
Macedon
ian Slovak
Chinese
Cantonese Finnish Greek
Norwegi
an Slovene
Tier 3 Languages:
Acehnese Chin (Falam) Hmong Lao Pidgin (Nigerian) Tigrinya Acholi Chin (Hakha) Hokkien Lautu
Ponapean/Pohn
peian Toisanese
Afghani Chin (Lai) Icelandic Lingala
Portuguese
(Brazilian) Tongan
Afrikaans Chin (Mizo) Igbo Lorma
Portuguese
(European) Tosk
Akan Chin (Tedim) Ilocano Luganda
Portuguese
Creole
Trukese/Chu
ukese
Akateco
Chin (Zo,
Zomi) Ilonggo Luo Pulaar Turkish
Albanian Chin (Zophei) Indonesian
Maay-M
aay Punjabi Twi
Amharic Choujo Japanese Malay Q'anjob'al Urdu
Anuak Chuukese Jarai
Malayala
m Rohingya Uzbek
Armenian
Cotocoli
(Tem) Jiangsu Mam Samoan Visayan
Ashanti Dari
K’iche’
(Quiché)
Mandink
a Sango Wolof
Assyrian Dinka Kannada Mara Senthang Xhosa
Azeri Dioula Karen Marathi Shanghainese Yiddish
Tier 3 Languages:
Continued
Bahasa (Malaysian) Edo Karen (Pwo) Marshallese Shona Yoruba Bambara Ewe
Karenni
(Kayah) Matu Sichuan Yup'ik
Bashkir Farsi Kazakh Mbay Sinhalese Zulu
Basque
Foochow
(Fuzhou) Khmer Mende Siyin
Bassa Fukienese Kikongo Mien Somali
Belarusian Fulani Kikuyu Mina Somali Bantu
Bengali Fulde
Kinyamuleng
e Mixteco (Alto) Soninke
Bosnian Fuzhou Kinyarwanda Mixteco (Bajo)
Soninke
(Sarahuli)
Bulgarian Ga Kirundi Moldovan
Soninke
(Sarakhole)
Burmese Garre Kituba Mongolian
Soranî
(Kurdish)
Cambodian Guarani
Kizigua
(Kizigula) Montenegrin Sousou
Cape Verde Creole Gujarati Kosraean More Swahili
Carolinian Hainanese Krahn Mushunguli Sylheti
Catalan
Haitian
Creole Krio Navajo Tajik
Cebuano
Hakka
(Chinese) Kunama Nepali Tamil
Chaldean Harar Kurdish Nuer Telugu
Chamorro Hassaniya
Kurdish
(Bahdini) Oromifa Temne
Chao-Chow Hausa
Kurdish
(Kurmanji) Pashto Teochew
Cherokee Hebrew
Kurdish
(Sorani)
Patois
(Jamaican) Thai
Chin Hindi Kyrgyz
Pidgin
(Cameroonian) Tibetan
F. TRANSLATION TURNAROUND TIME*
• How fast can a document of 250 words be translated and returned? 1-3 business days
• How quickly can a document of 500 words be translated and returned? 2-3 business days
• How fast can a document of 1000 words be translated and returned? 3-4 business days
• When determining turnaround time, are weekend days included? No, our turnaround time is for business days, so weekends and holidays are not included.
• What are the limits to a same-day, second-day, or third-day rush request? Same day - 500 words
2-day - 1,000 words
3-day - 2,000 words
*A note on turnaround times: these numbers are for reference and times may vary depending on the number of languages requested and if any of the languages are Languages of Limited Diffusion (LLD). If you need a rush on a project outside of the above timelines, we will make every effort to deliver the project within your timelines.
G. RESUMES
Mercedes Marleaux - 10+ years of experience with interpretation and translation, Based in Southern California. For virtual (i.e. Zoom, GoogleMeet, GoToMeeting, etc.). Available for simultaneous conferences, board meetings, workshops and for consecutive, IEP’s, school/parent meetings, counseling consults, etc.
Lucia M. Bonis - 33 years of experience. ATA-certified | Administrative hearing interpreter experienced in local government and simultaneous projects.
Josephine J. Baldwin - 32 years of experience. Freelance multilingual Translator and Interpreter.
Providing multilingual translation and interpretation services to Physicians, Attorneys, Organizations, Local Governments and Corporate Clients operating in a variety of fields.
Court Certified Interpreter English<>Spanish
Court Registered Interpreter English<>French, Spanish, Catalan, Italian Rebecca Calderon - 6 years of interpretation experience. ATA-certified, specializes in consecutive and simultaneous interpretation in all sectors.
Language Network has a dedicated Recruiting Manager who will further recruit, screen, and qualify resources within the City of Cudahy.
H. REFERENCES
City of Bellflower
16600 Civic Center Dr, Bellflower, CA 90706
Contact person:Mayra Ochiqui, City Clerk
Email address: [email protected]
Telephone address:(562) 804-1424, ext. 2222
Project name: Translation and Interpretation Services
Dates worked performed: 2011 - Current
Summary of scope of services: Translation of election material. Over 10 years of translation requests for city election material that is mailed to residents and posted in newspapers. The City of Bellflower has to accommodate a large limited English speaking population and requests translated material in multiple languages. The City utilizes Language Network for reliable and accurate translation delivered in a timely manner and often requests 24 hour turnaround time to make election compliance deadlines for posting translated notices.
Project cost: $20K annually
City of Arcadia
Address: 240 W Huntington Dr, Arcadia, CA 91007
Contact person: Michael Bruckner, Deputy City Manager
Email address: [email protected]
Telephone address: (626) 574-5433
Project name: Interpretation and Translation
Dates worked performed: 2020-Current
Summary of scope of services: City of Arcadia has large Mandarin/Cantonese speaking populations and contacted Language Network to develop a Language access plan that would engage their diverse community across all city departments. The City of Arcadia provides language support at all public meetings including simultaneous interpretation and translation.
The City translates mailers, notices, website communications within 24-48 hours and are able to utilize our 24/7 phone interpreting line to handle calls from the community. Finally, the City has been able to build engagement with their limited English speaking populations and remain compliant with public meeting rules and regulations. All city departments from public works to city clerk’s office request translations and interpreting support with Language Network.
Amount: $10K annually
City of Escondido
Location and Main Point of Contact:
Sarena Garcia, MMC, Assistant City Clerk
City Clerk’s Office | City of Escondido
Direct: 760-839-4080 | Main: 760-839-4617
Dates worked performed: 2020-Current
Amount: $60K annually for onsite and video simultaneous interpretation for public meetings regarding redistricting. Public meeting notice translation services.
City of Placentia
Location and Main Point of Contact:
Karen O’Leary | Deputy City Clerk
City of Placentia | 401 E. Chapman Ave. Placentia, CA 92870 714-993-8244 | FAX 714-961-0283 | [email protected] Dates worked performed: 2020-Current
Amount: $20K annually for onsite and video simultaneous interpretation for public meetings regarding redistricting. Public meeting notice translation services.
EXHIBIT “C”
COMPENSATION RATE
FEE PROPOSAL:
On-site Interpreting Rates - Consecutive
Consecutive Interpreting- On-Site Unit
Minimum
Charge
Tier 1 Languages: Spanish $90 Per Hour 2 Hours
Tier 2 Languages $140 Per Hour 2 Hours
Tier 3 Languages $160 Per Hour 2 Hours
American Sign Language (ASL) $110 Per Hour 2 Hours
On-Site Interpreting Rates - Simultaneous
Simultaneous and or Seminar/Group
Interpreting- On-Site
Half Day Full Day
Tier 1 Languages: $350 $550
Tier 2 Languages $550 $850
Tier 3 Languages $750 $1,250
Over-the-Phone Interpreting
Over the Phone Interpreting Unit
Minimum
Charge
Spanish $2.00 Per Minute 15 Minutes
All Other Languages $2.25 Per Minute 15 Minutes
Video Remote Interpreting - Pick your PlatformPre-Scheduled UnitMinimum Charge
Tier 1 Languages: Spanish $90 Per Hour 2 Hours
Tier 2 Languages $140 Per Hour 2 Hours
Tier 3 Languages $160 Per Hour 2 Hours
American Sign Language (ASL) $110 Per Hour 2 Hours
Interpreting Equipment
Headset and Receivers (Minimum 20) $8 Per Unit
Transmitter $100 Per Unit
Document Translation
Translation (Translation, Edit, and Proof) Unit
Project
Minimum
Tier 1 Languages: Spanish 0.16 Per Word $100
Tier 2 Languages 0.26 Per Word $100
Tier 3 Languages 0.35 Per Word $100
Rush Fee 25%
Of Total Project
Cost
*Standard turn-around time for translation is within 5 business days (projects less than 7,000 words)
*Unit is Source word – the language in which the material is written when submitted for translation
Support and Multimedia Services:
Desktop Publishing/Formatting $65 Per Hour
Audio Transcription (Voice) $10 Per Minute
Multimedia File Format and Conversion $65 Per Hour
Additional Terms:
*Rate for Short Notice Request, (less than 1 business day), After hours, Holiday and/or Weekend Appointment Times $10 per hour additional.
*2 hour minimum fee applies to onsite interpreting. Each hour after 2 hours is billed at prorated hourly rate. Hourly charge will commence from interpreter’s initial arrival to interpreter’s final departure. Anytime thereafter will be billed in 15 minute increments. Half day is defined as 0-3 hours and Full day is defined as 3-6 hours. Anytime thereafter will be billed in 30 minute increments.
*For scheduled video remote calls late cancellation, 100% cancellation fee applicable for the time scheduled.
*Rate Exceptions: Depending upon the availability of interpreter and languages of lesser diffusion, rates may need to be altered accordingly. Rates for On-site-interpreters in States other than California (including Central and Northern California) may vary. Every effort is made to keep within rates mentioned above. I
*Additional Charges: Mileage will be billed at the current IRS set mileage reimbursement rate and not to exceed 50 miles round-trip per interpreter. Round trip from interpreter’s home location to site. Parking fees, tolls, entrance fees to be reimbursed. Round trip from interpreter's location to site."
*Cancellation and Patient/Provider No-Show Policy: 100% Cancellation Fee if appointment is canceled less than 24 hours (business day) before appointment. The interpreters are allocated time for your assignment alone, therefore cancellation notifications less than 24 hours (business day) must be billed.
Language List:
Tier 1 Languages:
Spanish
ASL Tier:
American Sign
Language
Tier 2 Languages:
Arabic (Egyptian)
Chinese
Mandarin Flemish
Hungaria
n Polish Swedish
Arabic (Iraqi) Croatian French Italian Romanian
Tagalog
(Filipino)
Arabic (Modern
Standard) Czech
French
Canadian Korean Russian Taiwanese
Arabic (Moroccan) Danish
French
Creole Latvian Serbian Ukrainian
Arabic (Sudanese) Dutch Georgian
Lithuania
n Sicilian Vietnamese
Arabic (Yemeni) Estonian German
Macedon
ian Slovak
Chinese
Cantonese Finnish Greek
Norwegi
an Slovene
Tier 3 Languages:
Acehnese Chin (Falam) Hmong Lao Pidgin (Nigerian) Tigrinya Acholi Chin (Hakha) Hokkien Lautu
Ponapean/Pohn
peian Toisanese
Afghani Chin (Lai) Icelandic Lingala
Portuguese
(Brazilian) Tongan
Afrikaans Chin (Mizo) Igbo Lorma
Portuguese
(European) Tosk
Akan Chin (Tedim) Ilocano Luganda
Portuguese
Creole
Trukese/Chu
ukese
Akateco
Chin (Zo,
Zomi) Ilonggo Luo Pulaar Turkish
Albanian Chin (Zophei) Indonesian
Maay-M
aay Punjabi Twi
Amharic Choujo Japanese Malay Q'anjob'al Urdu
Anuak Chuukese Jarai
Malayala
m Rohingya Uzbek
Armenian
Cotocoli
(Tem) Jiangsu Mam Samoan Visayan
Ashanti Dari
K’iche’
(Quiché)
Mandink
a Sango Wolof
Assyrian Dinka Kannada Mara Senthang Xhosa
Azeri Dioula Karen Marathi Shanghainese Yiddish
Tier 3 Languages:
Continued
Bahasa (Malaysian) Edo Karen (Pwo) Marshallese Shona Yoruba Bambara Ewe
Karenni
(Kayah) Matu Sichuan Yup'ik
Bashkir Farsi Kazakh Mbay Sinhalese Zulu
Basque
Foochow
(Fuzhou) Khmer Mende Siyin
Bassa Fukienese Kikongo Mien Somali
Belarusian Fulani Kikuyu Mina Somali Bantu
Bengali Fulde
Kinyamuleng
e Mixteco (Alto) Soninke
Bosnian Fuzhou Kinyarwanda Mixteco (Bajo)
Soninke
(Sarahuli)
Bulgarian Ga Kirundi Moldovan
Soninke
(Sarakhole)
Burmese Garre Kituba Mongolian
Soranî
(Kurdish)
Cambodian Guarani
Kizigua
(Kizigula) Montenegrin Sousou
Cape Verde Creole Gujarati Kosraean More Swahili
Carolinian Hainanese Krahn Mushunguli Sylheti
Catalan
Haitian
Creole Krio Navajo Tajik
Cebuano
Hakka
(Chinese) Kunama Nepali Tamil
Chaldean Harar Kurdish Nuer Telugu
Chamorro Hassaniya
Kurdish
(Bahdini) Oromifa Temne
Chao-Chow Hausa
Kurdish
(Kurmanji) Pashto Teochew
Cherokee Hebrew
Kurdish
(Sorani)
Patois
(Jamaican) Thai
Chin Hindi Kyrgyz
Pidgin
(Cameroonian) Tibetan
25 A.TRANSLATION TURNAROUND TIME*
• How fast can a document of 250 words be translated and returned? 1-3 business days
• How quickly can a document of 500 words be translated and returned? 2-3 business days
• How fast can a document of 1000 words be translated and returned? 3-4 business days
• When determining turnaround time, are weekend days included? No, our turnaround time is for business days, so weekends and holidays are not included.
• What are the limits to a same-day, second-day, or third-day rush request? Same day - 500 words
2- day - 1,000 words
3- day - 2,000 words
*A note on turnaround times: these numbers are for reference and times may vary depending on the number of languages requested and if any of the languages are Languages of Limited Diffusion (LLD). If you need a rush on a project outside of the above timelines, we will make every effort to deliver the project within your timelines.
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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
12/06/2022 Page 1 of 3
STAFF REPORT
Date: December 6, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager
By: Victor Maria Santiago, Parks and Recreation Manager Subject: Consideration to Amend Agreement Between the City and the Los Angeles Neighborhood Land Trust (LANLT) Regarding the Development and Construction of Improvements to Certain Existing or New Parks in the City
RECOMMENDATION
The City Council is requested to amend an Agreement between the City and the Los Angeles Neighborhood Land Trust (LANLT) to develop and construct improvements for Existing or new Parks in the city.
BACKGROUND
1. On November 4, 2020, Mayor Alcantar, Vice Mayor Gonzalez, and City staff met with representatives from Communities for a Better Environment and the Los Angeles Neighborhood Land Trust to discuss a potential partnership.
2. On December 8, 2020, City staff met with Tori Kjer, Executive Director, and Jonathan Pacheco, Project Manager from LANLT, to discuss the proposed Memorandum of Understanding (MOU).
3. On February 16, 2020, City Council approved an agreement between the City and the Los Angeles Neighborhood Land Trust for the Development and Construction of Improvement Parks in the city.
Item Number
16E
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Staff Report
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ANALYSIS
On February 16, 2020, the City Council entered into an agreement with the Los Angeles Neighborhood Land Trust (LANLT) to provide technical assistance and community engagement to prepare and submit applications to pursue the Measure A Funding Program and other available grants for improving community health and equity. Specifically, to create new parks or improve existing parks through community-based planning with residents of disadvantaged and park-deficient communities.
Over the last two years, LANLT, in coordination with city staff, facilitated a series of community engagement meetings to gather input and provide a solidified project location to identify in the funding application. As a result, Clara Park Renovation Project is a partnership between the City of Cudahy, Communities for a Better Environment, the Los Angeles Neighborhood Land Trust, and community members. The park renovation project was built on extensive community engagement efforts in the spring and summer of 2021 to bring new improvements to renovate the park entirely.
Residents consistently shared that existing parks needed upgrading during the project's community engagement process, which included six visioning workshops. As a result, they identified Clara Park, located near the city center, as a top priority for renovation.
Community priorities for the park renovation include the following:
• New large playground for children ages 2‐12
• New central grassy area, new picnic areas that can better accommodate community events
• New shade trees and drought tolerant plantings
• Large soccer field along with upgrades to the basketball courts • Restroom, irrigation and lighting systems
• Additional amenities including a renovated restroom building, art elements, and better directional signage to increase park awareness.
Therefore, LANLT applied for two grants. Measure A Category 3 Natural Lands, Local Beaches, Water Conservation and Protection Competitive Grant Program and the Statewide Park Program (SPP) Proposition 68 – The California Clean Water & Safe Parks Act Prop 68 States Per Capita Grant. Both grants were awarded to the city, which netted $680,000 for Measure A and $193 000 for the States Per Capita grant. Furthermore, LANLT was instrumental in submitting an FY22-23 budget request to Senator Lena A. Gonzalez's office for 3,500,000.
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Staff Report
12/06/2022 Page 3 of 3
The amendment would expand the scope of the agreement to engineering design and construction management services. The agreement would transition the project from community outreach, project identification, and funding source identification to project design and construction phase.
CONCLUSION
If the City Council approves amending the agreement with the LANLT, it will allow them to continue moving forward with the engineering design phase and ultimately the construction/renovation of Expansion Park. It is recommended that the City Council approve the attached agreement.
STRATEGIC PLAN CORRELATION
Goal A (Community Services, Programs and Activities for All Ages) Objective:
5. Pursue funding opportunities to assist Cudahy residents.
FINANCIAL IMPACT
LANLT will be fully responsible for all payments to the Contractor and all other subcontractors from the proceeds of various grants used for this project, per the terms of the agreement. City Staff does not anticipate any financial impact on the General Fund Budget.
ATTACHMENTS
A. Amended agreement between the City of Cudahy and the Neighborhood Land Trust.
AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF
CUDAHY AND THE LOS ANGELES NEIGHBORHOOD LAND TRUST
FOR THE PARAMETERS REGARDING THE DEVELOPMENT AND
CONSTRUCTION OF IMPROVEMENTS TO CERTAIN EXISTING OR
NEW PARKS IN THE CITY OF CUDAHY
This Amendment dated December 6, 2022, is to that certain Agreement by and between the City of Cudahy, a municipal corporation (“City”) and the Los Angeles Neighborhood Land Trust, a California non-profit public benefit corporation (“LANLT”) dated February 27, 2021 (“Agreement”).
RECITALS
A. City and LANLT entered into the Agreement to partner with LANLT in seeking grants and raising funds for the design, development and construction of improvements to existing parks in the City or the design, development and construction of new parks in the City.
B. City and LANLT desire to amend the terms of the Agreement in order to define the process for the distribution of grant funding for the implementation of various park projects.
NOW THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows:
Section 1. Section 3 of the Agreement is hereby amended in its entirety to read as follows:
3. Payments.
(a) Where LANLT is the grantee under a Grant Agreement, LANLT is fully responsible for all payments to the Contractor and all other contractors and subcontractors from the proceeds of the grant, in accordance with the terms of the Grant Agreement. LANLT shall also prepare and submit on behalf of the City (as applicable) all reports or other documents required under the terms of the grant, including any documentation needed for the release of grant funds. (b) Where the City is the grantee under a Grant Agreement, the City Manager and LANLT shall develop a process to facilitate the payment of invoices from the City to LANLT for payments required under the grant either as reimbursable expenses or direct payments to third parties. LANLT shall also prepare and submit on behalf of the City (as applicable) all reports or other documents required under the terms of the grant, including any documentation needed for the release of grant funds. The City Manager Attachment A Page 846 of 853
2 is authorized to undertake all actions necessary to implement the provisions of this paragraph without further approval from the City Council. (c) For purposes of any Grant Agreement or other funding agreement or source, the City hereby designates LANLT as an agent of the City solely to allow LANLT to submit reports and documents as well as to request reimbursements under the Grant Agreement.”
(d) LANLT Compensation for Project Management Time from Grant. LANLT will track all time associated with direct project management for the project and will prepare invoices for reimbursement that include any documentation needed for the release of grant funds. Compensation for project management is not to exceed the amount allowed by respective grant programs without prior review and approval by City Manager.
Section 2. Except as expressly modified by this Amendment, all other provisions of the Agreement shall remain in full force and effect. In the event of a conflict between the provisions of this Amendment and the provisions of the Agreement, the provisions of this Amendment shall control.
(SIGNATURES ON NEXT PAGE)
3 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written.
CITY: CONSULTANT:
CITY OF CUDAHY LOS ANGELES NEIGHBORHOOD
LAND TRUST:
By:________________________ By:__________________________ City Manager, Al Noyola Executive Director, Tori Kjer
APPROVED AS TO FORM:
By:________________________
Victor Ponto, City Attorney
Date:______________________
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
12/06/2022 Page 1 of 2
STAFF REPORT
Date: December 6, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: City Attorney’s Office
Subject: Adoption of Proposed Resolution 22-74 Rescinding Prior City Council Resolution 20-15 Approving Development Review Permit No. 41-532 to Permit Construction and Operation of a 67,148 Square Foot Charter School on a 2.2- Acre Site at 7801-7835 Otis Ave., Cudahy, California Pursuant to Writ Issued by the Court in Cudahy Alliance for Justice et al. v. City of Cudahy et al., Los Angeles County Superior Court Case No. 20STCP03621
RECOMMENDATION
The City Council is requested to approve proposed Resolution 22-74, rescinding prior City Council Resolution No. 20-15, which approved the construction and operation of a 67,148 square foot charter school on a 2.2-acre project site at 7801-7835 Otis Ave. The Superior Court overturned the approval and ordered the City to rescind its approvals.
BACKGROUND
On September 15, 2020, the City approved the abovementioned resolution and Development Review Permit approving the construction and operation of Pueblo Unido charter school pursued by project applicant KIPP SoCal Public Schools.
On November 3, 2020, the Cudahy Alliance for Justice filed a lawsuit to overturn the City’s approval of the resolution and the Development Review Permit. On February 15, 2022, the Court issued a Writ of Mandamus ordering the City to set aside and vacate its approval of the school project. KIPP SoCal Public Schools subsequently pursued an appeal, but later dismissed the appeal and has decided to no longer pursue the project.
CONCLUSION
Approval of Resolution No. 22-74 will ensure that the City complies with the Court’s order.
Item Number
16F
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STRATEGIC PLAN CORRELATION
None.
FINANCIAL IMPACT
There is no financial impact on the City at this time.
ATTACHMENTS
A. Resolution No. 22-74
1 RESOLUTION NO. 22-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA, RESCINDING PRIOR
RESOLUTION NO. 20-15 APPROVED SEPTEMBER 15,
2020 AND VOIDING AND SETTING ASIDE:
DEVELOPMENT REVIEW PERMIT NO. 41-532 TO PERMIT
THE CONSTRUCTION AND OPERATION OF A 67,148
SQUARE FOOT CHARTER SCHOOL ON A 2.2-ACRE SITE
AT 7801-7835 OTIS AVE., CUDAHY, CALIFORNIA
PURSUANT TO WRIT ISSUED BY THE COURT IN
CUDAHY ALLIANCE FOR JUSTICE ET AL. V. CITY OF
CUDAHY ET AL., LOS ANGELES COUNTY SUPERIOR
COURT CASE NO. 20STCP03621
WHEREAS, KIPP SoCal Public Schools, KIPP Pueblo Unido, and Klare 16, LLC sought to develop a 67,148 square foot private school on a 2.2-acre site at 7801-7835 Otis Ave., in the City of Cudahy (hereinafter, the “Project”); and WHEREAS, on September 15, 2020 the City Council adopted Resolution No. 20- 15 approving Development Review Permit No. 41-532 for the construction and operation of the Project; and
WHEREAS, on November 3, 2020, Cudahy Alliance for Justice and co-plaintiffs (collectively, "Plaintiffs) filed a Verified Petition for Writ of Mandate challenging the Project under CEQA, in the case of Cudahy Alliance for Justice et al. v. City of Cudahy et al. (KIPP SoCal Public Schools), Los Angeles Superior Court Case No. 20STCP03621; and WHEREAS, on February 15, 2022, the Court granted the Petition and issued a Writ of Mandamus ordering City to set aside and vacate the Project approvals; and WHEREAS, KIPP SoCal Public Schools and Klare 16, LLC filed a Notice of Appeal on or about April 25, 2022, Court of Appeal Case No. B321052; and WHEREAS, KIPP SoCal Public Schools and Klare 16, LLC filed a Request for Dismissal of its appeal and on October 7, 2022 the case was dismissed; and WHEREAS, the City seeks to comply with the terms of the Writ.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, AS FOLLOWS:
SECTION 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by reference.
SECTION 2. City herby rescinds Resolution No. 20-15 and voids and sets aside Development Review Permit No. 41-532 for the construction and operation of KIPP Pueblo Unido, a 67,148 square foot charter school on a 2.2-acre project site at 7801- 7835 Otis Ave., Cudahy, California, and rescinding, voiding and setting aside any Attachment A Page 851 of 853
2 decisions, findings, environmental approvals, general plan amendment and zoning changes set forth therein.
SECTION 3. Nothing in this Resolution shall operate to waive City’s right to indemnification under Resolution No. 20-15, including any demand for costs sought by Plaintiffs. The recission of Resolution No. 20-15 notwithstanding, the provisions of Section 3 of Resolution No. 20-15 establishing a duty of indemnification on the part of KIPP SoCal Public Schools and Klare 16, LLC for the benefit of City are incorporated into this Resolution by reference and shall survive the rescission of Resolution No. 20-15.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this Resolution 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 Resolution. The City Council hereby declares that it would have passed this Resolution and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Resolution would be subsequently declared invalid or unconstitutional.
SECTION 5. This Resolution shall take effect immediately upon adoption and upon such effective date, the City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at the regular meeting of this 6th day of December 2022. ______________________________
Elizabeth Alcantar
Mayor
ATTEST:
____________________________
Richard Iglesias
City Clerk
3 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. 22-74 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 6th day of December 2022 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Richard Iglesias
City Clerk