AGENDA
A REGULAR MEETING
OF THE CUDAHY CITY COUNCIL
and JOINT MEETING of the
CITY OF CUDAHY AS SUCCESSOR AGENCY and HOUSING SUCCESSOR AGENCY
TO THE CUDAHY DEVELOPMENT COMMISSION
Tuesday, March 21, 2023 – 6:30 P.M.
Written materials distributed to the City Council within 72 hours of the City Council meeting shall be available for public inspection at www.cityofcudahy.com In compliance with the Americans with Disabilities Act (ADA) if you need special assistance to participate in this meeting, you should contact the City Clerk’s Office at (323) 773-5143 at least 72 hours in advance of the meeting.
Rules of Decorum
Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.
Disruptive conduct may include, but is not limited to:
• Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted.
When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.
If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.)
Daisy Lomelí, Mayor
Jose R. Gonzalez, Vice Mayor
Elizabeth Alcantar, Council Member
Martin U. Fuentes, Council Member
Cynthia Gonzalez, Council Member
This meeting will be conducted in
person, telephonically, and
electronically.
Council Chambers/Bedwell Hall
5240 Santa Ana Street
Cudahy, CA 90201
Teleconference Phone Number:
1 (669) 900-6833
Meeting ID: 849 7191 8302
https://us06web.zoom.us/j/84971918302
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
March 21, 2023, at 6:30 P.M.
1. CALL TO ORDER
2. ROLL CALL
Council / Agency Member Gonzalez
Council / Agency Member Fuentes
Council / Agency Member Alcantar
Vice Mayor / Vice Chair Gonzalez
Mayor / Chair Lomelí
3. APPROVAL OF AGENDA
4. PLEDGE OF ALLEGIANCE
5. LAND ACKNOWLEDGMENT
We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño-Tongva people. We show our respects to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.
6. PRESENTATIONS
A. Presentation by Siemens
B. Proclamation Transgender Day of Visibility
7. PUBLIC COMMENTS
(Each member of the public may provide a public comment in person, telephonically or electronically.
In person participants must submit one comment card if he or she wishes to address the City Council.
Only speakers that submit a comment card within the first 20 minutes of the meeting will be permitted to speak. Remote participants may provide public comment by clicking the hand icon on Zoom or pressing star (*) nine (9) on the telephone, if he or she wishes to address the City Council. Members of the public are permitted to speak for three (3) minutes concerning items under the City Council’s jurisdiction, including items on the council agenda.)
(Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403).)
8. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS (Each Council Member is limited to three minutes.)
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
March 21, 2023, at 6:30 P.M.
(This is the time for the City Council / Agency to comment on any topics related to “City Business,” including announcements, reflections on city / regional events, response to public comments, suggested discussion topics for future council meetings, general concerns about particular city matters, questions to the staff, and directives to the staff (subject to approval / consent of the City Council majority members present, regarding staff directives). Each Council / Agency Member will be allowed to speak for a period not to exceed three (3) minutes. Notwithstanding the foregoing, the City Council Members shall not use this comment period for serial discussions or debate between members on City business matters not properly agendized. The City Attorney shall be responsible for regulating this aspect of the proceeding.)
9. CITY MANAGER REPORT (information only)
10. REPORTS REGARDING AD HOC, ADVISORY, STANDING, OR OTHER COMMITTEE
MEETINGS
A. Report Regarding the Rent Control Ad Hoc Committee Meeting and Education Ad Hoc Committee Meeting (page 7)
11. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES (Consideration to waive full text reading of all Resolutions and Ordinances by single motion made at the start of each meeting, subject to the ability of the City Council / Agency to read the full text of selected resolutions and ordinances when the item is addressed by subsequent motion.) (COUNCIL / AGENCY)
Recommendation: Approve the Waiver of Full Reading of Resolutions and Ordinances.
12. CONSENT CALENDAR
(Items under the Consent Calendar are considered routine and will be enacted by one motion, prior to the vote to approve the Consent Calendar, each Council Member shall have a maximum of three (3) minutes to comment on the Consent Calendar as a whole. There will be no separate discussion of these items unless a Council / Agency Member so requests specific item(s) be removed from the Consent Calendar for separate action. Items may only be considered as a separate action if either (1) a Council Member must recuse themselves due to a conflict of interest or (2) a Council Member has specific questions for City Staff. Items called for separate discussion will be heard as the next order of business.) A. Approval of the Local Agency Investment Fund (LAIF) for the Month of February 2023 (page 9) Presented by the Finance Director
Recommendation: The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of February 2023 in the amount of $11,320,218.61.
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
March 21, 2023, at 6:30 P.M.
B. Approval of the City Demands and Payroll Including Statement of Investment for the Month of February 2023 (page 13)
Presented by the Finance Director
Recommendation: The City Council is requested to approve the Demands and Payroll in the amount of $1,006,801.94 including the Statement of Investments for the month of February 2023.
C. Informational Item – ARPA Utilization Plan Monthly Report (February 2023) (page 23) Presented by the Finance Director
Recommendation: The City Council is requested to receive and file the ARPA Utilization Plan Monthly Report for the month of February 2023.
D. Adoption by Second Reading of Ordinance No. 733 Amending Section 20.84.260 (Allowed Temporary Uses) of Part 4 (Temporary Use Permits) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) of the Cudahy Municipal Code (page 27)
Presented by the City Attorney
Recommendation: The City Council is requested to adopt by second reading Ordinance No. 733, Amending Section 20.84.260 (Allowed Temporary Uses) of Part 4 (Temporary Use Permits) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) of the Cudahy Municipal Code.
E. Adoption by Second Reading of Ordinance No. 734 Repealing Chapter 2.56 (Post-Government Employment Restrictions) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code (page 33)
Presented by the City Attorney
Recommendation: The City Council is requested to adopt by second reading Ordinance No. 734, Repealing Chapter 2.56 (Post-Government Employment Restrictions) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code.
F. Parking Citations Reporting (page 37)
Presented by the Finance Director
Recommendation: The City Council is requested to receive and file the parking citations report.
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
March 21, 2023, at 6:30 P.M.
G. Adoption of Proposed Resolution No. 23-14, updating Objectives and Policies for the Planning Commission, Section 2 (IV) (page 43)
Presented by the City Clerk
Recommendation: The City Council is requested to adopt proposed Resolution No. 23-14, updating the Objectives and Policies for the Planning Commission, Section 2 (IV).
13. PUBLIC HEARING – NONE
14. BUSINESS SESSION
A. Presentation by the East Los Angeles County Sheriff’s Department Presented by the East Los Angeles County Sheriff’s Department Recommendation: The City Council is requested to receive and file an update on the City of Cudahy crime stats from the East Los Angeles County Sheriff’s Department.
B. Approval of Professional Services Agreement for Municipal Prosecution and Code Enforcement Services (page 53)
Presented by the Management Analyst
Recommendation: City Council is requested to award a Professional Services Agreement (PSA) to Dapeer, Rosenblit, Litvak LLP for Municipal Prosecution and Code Enforcement Services in the amount not-to-exceed $50,000, annually.
C. Consideration to adopt a Resolution to Authorize the City Manager to Execute the Purchase of a City Vehicle (page 123)
Presented by the Management Analyst
Recommendation: The City Council is requested to adopt Resolution No. 23-15 authorize the City Manager to purchase a Public Works vehicle, for a not to exceed amount of $63,239.80.
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
March 21, 2023, at 6:30 P.M.
15. COUNCIL DISCUSSION
A. Council Member Alcantar
i. Discuss the need to create a Tech Ad Hoc Committee.
16. CLOSED SESSION - NONE
17. CLOSED SESSION ANNOUNCEMENT – NONE
18. ADJOURNMENT
I, Richard Iglesias, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City’s Website, City Hall, Clara Park, and Lugo Park not less than 72 hours prior to the meeting. A copy of said Agenda is on file in the City Clerk’sOffice.
Dated this 16th day of March 2023
Richard Iglesias
City Clerk
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
03/21/2023 Page 1 of 1
AD HOC COMMITTEE UPDATES
Date: March 21, 2023
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Richard Iglesias, City Clerk
Subject: Ad Hoc Committee Report Out
RENT CONTROL AD HOC COMMITTEE - MAYOR ALCANTAR, VICE MAYOR J. GONZALEZ,
LANDLORD SUSIE DE SANTIAGO, RESIDENTS TEVINA QUINTANA AND IRMA LOPEZ On March 09, 2023, the Rent Control Ad Hoc Committee met and discussed the max rent increase percentage within 12 months, rent banking, just cause evictions, and discussed setting the next meeting for Wednesday, March 22, 2023. Also, the Ad Hoc Committee discussed the impacts associated with implementing rent stabilization; As an example, the City of Bell Gardens hired two staff members to implement their rent stabilization program, which became effective in October of 2022.
EDUCATION AD HOC COMMITTEE – MAYOR LOMELÍ AND COUNCIL MEMBER C. GONZALEZ On March 10, 2023, the education ad hoc committee met to review the education compact document from LAUSD, and discussed setting the next meeting for Thursday, March 23, 2023.
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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
03/21/2023 Page 1 of 2
STAFF REPORT
Date: March 21, 2023
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Joshua Calhoun, Finance Director
Subject: Approval of the Local Agency Investment Fund (LAIF) for the Month of February 2023
RECOMMENDATION
The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of February 2023 in the amount of $11,320,218.61.
BACKGROUND
1. In 1955, the Pooled Money Investment Account (PMIA) started. LAIF became part of the PMIA. The oversight is provided by the Pooled Money Investment Board (PMIB) and an inhouse Investment Committee. The PMIB members consist of the State Treasurer, Director of Finance, and State Controller.
2. In 1977, LAIF was created as a voluntary program by Section 16429.1 et seq. of the California Government Code. The program was intended to be used as an investment alternative for California's local governments and special districts. The LAIF continues today under State Treasurer, Fiona Ma's administration.
3. On February 1, 2023, the balance in LAIF was $11,261,389.49 (See Attachment).
4. On February 28, 2023, the balance in LAIF was $11,320,218.61 (See Attachment).
ANALYSIS
The voluntary program offers local agencies the opportunity to participate in a major portfolio, which invests hundreds of millions of dollars, using the investment expertise of the State Item Number
12A
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Staff Report
03/21/2023 Page 2 of 2
Treasurer’s Office investment staff at no additional cost to the taxpayer.
All securities are purchased under the authority of Government Code Section 16430 and 16480.4. The State Treasurer's Office takes delivery of all securities purchased on a delivery versus payment basis using a third-party custodian.
Cudahy Municipal Code Section 3.04.080 indicates, "Except as otherwise provided, no warrant shall be drawn or evidence of indebtedness issued unless there shall be at the time sufficient money in the treasury legally applicable to the payment of the same."
CONCLUSION
Once the City Council approves the current LAIF, this balance may be relied upon when determining if the City has sufficient funds available to pay demands and payroll as required by Cudahy Municipal Code Section 3.04.080.
STRATEGIC PLAN CORRELATION
Strategy #2. Provide regular updates to the City Council and community about the city’s finances.
FINANCIAL IMPACT
None
ATTACHMENT
A. Local Agency Investment Fund (LAIF) Balance
LOCAL AGENCY INVESTMENT FUND
General Account - City #98-19-225
Beginning Balance as of February 01, 2023 $11,320,218.61 LAIF Interest earned 0
Transfer from City operating account 0
Transfer to City operating account 0
Ending Balance as of February 28, 2023 $11,320,218.61
Attachment A Page 11 of 131
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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
03/21/2023 Page 1 of 2
STAFF REPORT
Date: March 21, 2023
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Joshua Calhoun, Finance Director
Subject: Approval of the City Demands and Payroll Including Statement of Investment for the Month of February 2023
RECOMMENDATION
The City Council is requested to approve the Demands and Payroll in the amount of $1,006,801.94 including the Statement of Investments for the month of February 2023.
BACKGROUND
1. On December 13, 1993, Ordinance 476 was adopted and codified as Cudahy Municipal Code Section 3.04.080 indicating, "Except as otherwise provided, no warrant shall be drawn, or evidence of indebtedness issued unless there shall be at the time sufficient money in the treasury legally applicable to the payment of the same."
2. During the month, the Finance Department have completed the following demands and payroll:
Demands $670,452.72
Payroll Warrants 336,349.22
Total: $1,006,801.94
Attachment A
Attachment B
Item Number
12B
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
03/21/2023 Page 2 of 2
ANALYSIS
The Check Register Report (Attachment A), Payroll Warrants including payroll taxes and insurance premiums (Attachment B), Statement of Investment (Attachment C) indicate that the cash and investment balance was sufficient for disbursements for the month, a summary of cash received and disbursed by month during Fiscal Year (FY) 2022-23 (Attachment D), and a summary of cash received and disbursed by month during FY 2021-22 (Attachment E).
Cudahy Municipal Code Section 3.04.070 indicates, "Budgeted demands paid by warrant prior to audit by the council shall be presented to the council for ratification and approval..."
CONCLUSION
The Finance Director certifies the accuracy and availability of funds for payment. A Demand/Warrant Register has been submitted to the City Council for approval in accordance with Cudahy Municipal Code Section 3.04.070.
STRATEGIC PLAN CORRELATION
Goal (Financial Stability and Transparency)
• Provide regular updates to the City Council and Community about the City’s finances.
FINANCIAL IMPACT
The Statement of Investments Report (Attachment C) indicates that there are sufficient funds within the City’s holdings to meet the City’s cash flow requirements.
ATTACHMENTS
A. Accounts Payable Check Register Report.
B. Payroll Warrants including payroll taxes and insurance premiums C. Statement of Investments
D. Summary of Cash Receipt / Disbursement by Month FY 2022-23 E. Summary of Cash Receipt / Disbursement by Month FY 2021-22
3/13/2023 12:48:06 PM Page 1 of 3
My Check Report
City of Cudahy, CA By Check Number
Date Range: 02/01/2023 - 02/28/2023
Vendor Number Vendor Name Payment Date Discount Amount Payment Type Payment Amount Number Bank Code: WF Checking-WF Checking
2378-3 8330 ATLANTIC AVE INC 02/01/2023 Regular 0.00 1,033.72 53840 10393 ALEX'S AUTO SMOG 02/01/2023 Regular 0.00 60.00 53841 1778 ALL CITY MANAGEMENT 02/01/2023 Regular 0.00 4,836.72 53842 10755 ANTHONY M. MINOTTI ASSET RECOVERY 02/01/2023 Regular 0.00 16,811.69 53843 10133 AVANT-GARDE, INC. 02/01/2023 Regular 0.00 1,585.00 53844 10714 CARPENTER ROTHANS & DUPONT LLP 02/01/2023 Regular 0.00 1,862.00 53845 4546 CENTRAL BASIN MUNICIPAL WATER 02/01/2023 Regular 0.00 27.20 53846 10711 CLEARNETWORK, INC. 02/01/2023 Regular 0.00 395.84 53847 8179 CODE PUBLISHING INC. 02/01/2023 Regular 0.00 1,157.00 53848 2289 CONSOLIDATED DISPOSAL 02/01/2023 Regular 0.00 272,828.77 53849 1206 COUNTY OF LOS ANGELES IND WAST DEPT OF P 02/01/2023 Regular 0.00 616.12 53850 10723 DIONICIO SALAZAR 02/01/2023 Regular 0.00 800.00 53851 10744 EDDIE C. TORRES JR. 02/01/2023 Regular 0.00 90.00 53852 10564 ELIZABETH ALCANTAR 02/01/2023 Regular 0.00 74.80 53853 10681 ENCOMPASS TECHNOLOGY PARTNERS LLC. 02/01/2023 Regular 0.00 1,500.00 53854 10018 ESTRADA HILDA 02/01/2023 Regular 0.00 18,600.00 53855 0569 FEDERAL EXPRESS SERVICES 02/01/2023 Regular 0.00 7.91 53856 2139-2 HDL COREN & CONE 02/01/2023 Regular 0.00 1,541.07 53857 5934 HUMAN SERVICES ASSOC 02/01/2023 Regular 0.00 5,010.03 53858 10394 KEENAN ASSOCIATES 02/01/2023 Regular 0.00 484.00 53859 10655 LUIS AGUILAR 02/01/2023 Regular 0.00 837.00 53860 10733 PARTNERS IN DIVERSITY, INC. 02/01/2023 Regular 0.00 1,015.00 53861 9717 PCAM, LLC 02/01/2023 Regular 0.00 1,234.00 53862
0095 PETTY CASH 02/01/2023 Regular 0.00 703.37 53863
10586 QUADIENT LEASING 02/01/2023 Regular 0.00 235.74 53864 2802 SAM'S CLUB 02/01/2023 Regular 0.00 2,761.38 53865
10756 SILVIA CAMPOS 02/01/2023 Regular 0.00 200.00 53866 0071-1 SO CAL GAS 02/01/2023 Regular 0.00 80.87 53867
0071-1 SO CAL GAS 02/01/2023 Regular 0.00 153.36 53868
10497 SOUTHEAST RIO VISTA YMCA 02/01/2023 Regular 0.00 12,600.00 53869 0070 SOUTHERN CALIFORNIA EDISON 02/01/2023 Regular 0.00 1,144.59 53870 10483-1 SOUTHERN CALIFORNIA NEWS GROUP 02/01/2023 Regular 0.00 2,242.74 53871 5647 STAPLES BUSINESS ADVANTAGE 02/01/2023 Regular 0.00 135.98 53872 10643 STATE COMPENSATION INS FUND 02/01/2023 Regular 0.00 42,685.64 53873 8363 TIME WARNER CABLE 02/01/2023 Regular 0.00 319.98 53874 8066 TYLER TECHNOLOGIES INC. 02/01/2023 Regular 0.00 6,336.25 53875 9951 WILLDAN 02/01/2023 Regular 0.00 12,242.50 53876
10401 WILLDAN FINANCIAL SERVICES 02/01/2023 Regular 0.00 22,469.00 53877 10735 YUNEX, LLC. 02/01/2023 Regular 0.00 26,350.76 53878 **Void** 02/15/2023 Regular 0.00 0.00 54001
**Void** 02/15/2023 Regular 0.00 0.00 54002
**Void** 02/15/2023 Regular 0.00 0.00 54003
10672 5 STAR BUILDERS, INC. 02/15/2023 Regular 0.00 28,818.45 54004 2378-3 8330 ATLANTIC AVE INC 02/16/2023 Regular 0.00 706.52 54005 10603 ADVANCED IMAGING SOLUTIONS 02/16/2023 Regular 0.00 284.29 54006 10640 AMAZON CAPITAL SERVICES, INC. 02/16/2023 Regular 0.00 3,020.23 54007 7995 AMERICAN CITY PEST & TERMITE 02/16/2023 Regular 0.00 457.00 54008 10696 ANDRES RANGEL 02/16/2023 Regular 0.00 146.25 54009 10595 ARAMSCO INC 02/16/2023 Regular 0.00 2,415.11 54010 0057-4 AT & T 02/16/2023 Regular 0.00 14.04 54011
0057-4 AT & T 02/16/2023 Regular 0.00 123.28 54012
10499 BOXING 4 KIDS LA 02/16/2023 Regular 0.00 810.00 54013 10714 CARPENTER ROTHANS & DUPONT LLP 02/16/2023 Regular 0.00 6,618.56 54014 10520 CASTRO DISCOUNT TIRES INC 02/16/2023 Regular 0.00 55.00 54015 Attachment A Page 15 of 131
My Check Report Date Range: 02/01/2023 - 02/28/2023
3/13/2023 12:48:06 PM Page 2 of 3
Vendor Number Vendor Name Payment Date Discount Amount Payment Type Payment Amount Number 10013 CENTRAL FORD 02/16/2023 Regular 0.00 346.95 54016 0136 CITY OF SOUTH GATE 02/16/2023 Regular 0.00 75.00 54017 8179 CODE PUBLISHING INC. 02/16/2023 Regular 0.00 830.00 54018 0186 COUNTY OF LOS ANGELES DEPT OF ANIMAL CA 02/16/2023 Regular 0.00 10,149.62 54019 10734 DIVISION OF THE STATE Architect 02/16/2023 Regular 0.00 53.20 54020 10581 FIESTA TAXI COOPERATIVE INC. 02/16/2023 Regular 0.00 4,078.48 54021 6087 FIRST AMERICAN DATA TREE 02/16/2023 Regular 0.00 99.00 54022 8203 GARVEY EQUIPMENT COMPANY 02/16/2023 Regular 0.00 280.84 54023 10053 HAULAWAY STORAGE CONTAINERS 02/16/2023 Regular 0.00 74.20 54024 2724 HOME DEPOT CREDIT SERVICES 02/16/2023 Regular 0.00 2,062.57 54025 9723 IT SYSTEM HOUSE, LLC 02/16/2023 Regular 0.00 3,200.00 54026 10598 LEAF 02/16/2023 Regular 0.00 422.70 54027
0092-7 LEAGUE OF CALIFORNIA CITIES 02/16/2023 Regular 0.00 9,437.00 54028 10655 LUIS AGUILAR 02/16/2023 Regular 0.00 1,080.00 54029 10720 MISSION SQUARE RETIREMENT 02/16/2023 Regular 0.00 250.00 54030 7014 NATIONWIDE ENVIRONMENTAL SERVICES 02/16/2023 Regular 0.00 9,420.30 54031 10201-1 OLIVAREZ MADRUGA LAW ORGANIZATION, LLP 02/16/2023 Regular 0.00 64,454.50 54032 10733 PARTNERS IN DIVERSITY, INC. 02/16/2023 Regular 0.00 870.00 54033 10483 PRESS-TELEGRAM 02/16/2023 Regular 0.00 7,359.46 54034 5537 PSI PRINTING SYSTEM INC. 02/16/2023 Regular 0.00 470.56 54035 10081-2 QUADIENT FINANCE USA, INC. 02/16/2023 Regular 0.00 446.00 54036 9737 REGIONAL TAP SERVICE CENTER 02/16/2023 Regular 0.00 359.75 54037 2802 SAM'S CLUB 02/16/2023 Regular 0.00 154.28 54038
8394 SANDLER BROTHERS 02/16/2023 Regular 0.00 388.91 54039 0071-1 SO CAL GAS 02/16/2023 Regular 0.00 678.43 54040
0070 SOUTHERN CALIFORNIA EDISON 02/16/2023 Regular 0.00 18,643.77 54041 0070 SOUTHERN CALIFORNIA EDISON 02/16/2023 Regular 0.00 113.24 54042 0070 SOUTHERN CALIFORNIA EDISON 02/16/2023 Regular 0.00 27.48 54043 10592 SPARKLETTS 02/16/2023 Regular 0.00 219.75 54044
10643 STATE COMPENSATION INS FUND 02/16/2023 Regular 0.00 15,995.16 54045 8363 TIME WARNER CABLE 02/16/2023 Regular 0.00 227.97 54046 8363 TIME WARNER CABLE 02/16/2023 Regular 0.00 227.97 54047 9991 TRANSTECH ENGINEERING, INC. 02/16/2023 Regular 0.00 7,863.25 54048 2859 UNDERGROUND SERVICE ALERT-SC SOUTHERN 02/16/2023 Regular 0.00 81.75 54049 2208 WEST COAST ARBORISTS, INC. 02/16/2023 Regular 0.00 1,018.35 54050 10735 YUNEX, LLC. 02/16/2023 Regular 0.00 2,453.52 54051 Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code WF Checking Summary
Bank Drafts
EFT's
87 0
3 0
0 0.00
0.00 0.00
0.00 0.00
90 0.00
Payment
670,452.72
0.00 0.00
0.00 0.00
670,452.72
Payable
Count
113
0 0
0 0
113
My Check Report Date Range: 02/01/2023 - 02/28/2023
3/13/2023 12:48:06 PM Page 3 of 3
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
87 0
3 0
0 0.00
0.00 0.00
0.00 0.00
90 0.00
670,452.72
0.00 0.00
0.00 0.00
670,452.72
113
0 0
0 0
113
Fund Name Period Amount
Fund Summary
998 Fund 998 2/2023 207,382.69
207,382.69
02/09/23 02/23/23 Total
(a) Direct Deposits 103,319.81 102,269.53 205,589.34
(b) ICMA Direct Deposit 3,310.00 3,590.00 6,900.00
(c) CalPERS Retirement 17,058.86 17,058.86 -
(d) Payroll taxes 20,917.44 20,828.12 41,745.56
(e) Medical 61,873.33 3,182.13 65,055.46
Total Amount 206,479.44 129,869.78 336,349.22
(a) Employees / Council Members / Commissioners
(b) Payments to ICMA
(c) Payments for CalPERS Retirement
(d) Federal / State payroll taxes and unemployment
(e) Medical Insurance
CITY OF CUDAHY
Payroll - including payroll taxes and insurance premiums:
Attachment B Page 18 of 131
Type Issuer Amount % of Total
Deposit - 4588 Wells Fargo 4,467,770.12 22.12%
Successor Agency - 0688 Wells Fargo 3,416,586.70 16.91% Checking - 7128 Wells Fargo 432,017.36 2.14%
Payroll - 4570 Wells Fargo 222,611.24 1.10%
Savings - 4752 Wells Fargo 330,314.15 1.64%
Money Market Account Bank of New York (BNY) (a) 10,599.13 0.05% Pooled Savings State Local Agency 11,320,218.61 56.04%
Investment Fund (LAIF)
Total 20,200,117.31 100.00%
Pursuant to California Government Code Section 53646(b), I hereby certify that all investments held by the Authority are in compliance with state law and the agency's Statement of Investment Policy, and that there are sufficient funds within the agency's investment holdings to meet the Authority's cash flow requirements for the next six (6) months.
Respectfully submitted,
Joshua Calhoun
Joshua Calboun
Finance Director
CITY OF CUDAHY
Statement of Investments
02/28/2023
Attachment C Page 19 of 131
Month
Cash Receipts Disbursement
July 2022 $ 4,033,647.40 (a) 1,789,957.16 $
August 2022 1,686,604.16 1,750,512.85
September 2022 823,969.03 2,318,824.72 (b)
October 2022 1,991,064.32 3,914,418.49 (c)
November 2022 1,086,868.12 869,692.56
December 2022 1,406,231.74 1,395,830.23
January 2023 2,714,262.24 (d) 1,463,847.38
February 2023 739,588.01 1,006,801.94
March 2023
April 2023
May 2023
June 2023
Total: $ 14,482,235.02 14,509,885.33
Note (a) - Includes $2.819 M received from American Rescue Plan Act, Fund 530 Note (b) - Includes $949K paid to Siemens
Note (c) - Includes $1,230,610 deposited into an Escrow fund for the Seimens Project Note (d) - Includes $1,628,225 in Motor Vehicle In-Lieu tax Month
Cash Receipts Disbursement
July 2022 $ 845,547.28 $ 1,589,154.35 (1)
August 2022 1,012,769.79 1,077,279.74
September 2022 541,456.74 2,140,117.92 (2)
October 2022 1,628,965.30 834,689.66
November 2022 802,869.63 598,974.94
December 2022 774,144.70 976,007.61
January 2023 2,377,440.36 (3) 1,266,258.83
February 2023 489,780.43 829,217.41
March 2023
April 2023
May 2023
June 2023
Total: $ 8,472,974.23 $ 9,311,700.46
Note (1) - City liab. & workers comp insurance, and PERS unfunded pension liab.
City pre-payment option of PERS unfunded pension liability saved 3.5% interest ($12k) than paying on a monthly basis.
Note (2) - Includes $949K paid to Siemens
Note (3) - Includes $1,628,225 in Motor Vehicle In-Lieu tax All Funds
General Fund
City of Cudahy
Summary of Cash Receipt/Disbursement by Month - FY 2022-2023 Attachment D Page 20 of 131
Month
Cash Receipts Disbursement
July 2021 $ 4,384,936.17 (a) 1,719,070.00 (b)
August 2021 1,302,245.06 1,724,180.11
September 2021 1,466,415.84 1,914,075.46
October 2021 1,180,116.32 951,668.82
November 2021 1,237,105.57 1,138,377.87
December 2021 1,067,809.93 861,657.95
January 2022 4,005,438.74 802,654.76
February 2022 963,370.98 1,063,520.04
March 2022 865,004.36 1,114,196.44
April 2022 1,177,290.04 778,141.92
May 2022 2,627,717.86 1,456,097.60
June 2022 1,839,140.97 1,261,663.52
Total: $ 22,116,591.84 14,785,304.49
Note (a) - Includes $2.819 M received from American Rescue Plan Act Note (b) - City liability, workers comp insurance, and PERS unfunded pension Month
Cash Receipts Disbursement
July 2021 $ 3,902,895.43 (1) 1,619,239.22 (2)
August 2021 1,279,409.42 669,082.58
September 2021 844,812.89 950,848.20
October 2021 879,973.23 784,400.59
November 2021 559,848.45 732,580.26
December 2021 446,464.02 672,977.93
January 2022 2,387,758.00 (3) 677,662.37
February 2022 682,478.37 656,951.12
March 2022 579,530.62 689,284.30
April 2022 653,561.53 703,644.94
May 2022 2,280,192.31 (4) 809,591.34
June 2022 453,988.59 895,818.39
Total: $ 14,950,912.86 9,862,081.24
Average Per Month: 1,245,909.41 821,840.10
Note (1) - Includes $2.819 M received from American Rescue Plan Act Note (2) - City liab. & workers comp insurance, and PERS unfunded pension liab.
Note (3) - Includes a $1,556,568 in Motor Vehicle In-lieu receipt Note (4) - Includes a $1,532,675 in Motor Vehicle In-lieu receipt City of Cudahy
Summary of Cash Receipt/Disbursement by Month - FY 2021-2022 All Funds
General Fund
Attachment E Page 21 of 131
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STAFF REPORT
Date: March 21, 2023
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Joshua Calhoun, Finance Director
Subject: Informational Item – ARPA Utilization Plan Monthly Report (February 2023)
RECOMMENDATION
The City Council is requested to receive and file the ARPA Utilization Plan Monthly Report for the month of February 2023.
BACKGROUND
1. On August 16, 2022, The City Council provided city staff direction on the utilization of reimbursed American Rescue Plan Act grant funds.
2. On September 6, 2022, the City Council adopted Resolution No. 22-53 Approving the Commitment of Fund Balance Pursuant to GASB 54.
ANALYSIS
The City received a total of $5,638,206 of State and Local Fiscal Recovery Funds (SLFRF) from the American Rescue Plan Act (ARPA) that can be used by local governments to assist in the recovery from the impact of the COVID-19 pandemic. The City claimed the total of $5,638,206 as allowable expenditures for public safety incurred between March 2021 to June 2022. This reimbursed the City’s General Fund for the costs during that period as a result of the pandemic.
These one-time reimbursed ARPA Funds can be used for unrestricted purposes. The City Council provided direction to city staff as part of a utilization plan. These funds were approved for various projects. Additionally, the City Council approved $1,000,000 to Committed Fund Balance of the funds to be used solely for Strategic Plan Program Implementation. The result would require a resolution approved by the City Council to utilize these funds for such programs detailing which Strategic Plan goal it would achieve.
Item Number
12C
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For transparency, the Finance Department will provide monthly reports to the City Council summarizing the ongoing use of the funds.
As of February 2023, the City has expended $3,726,180 of the approved funds. Of which $100,000 of the $1,000,000 Committed Fund Balance has been appropriated with $900,000 remaining for future Strategic Plan Program Implementation.
CONCLUSION
The provided report will provide transparency as to the utilization of the ARPA Funds for the City’s monthly reporting.
STRATEGIC PLAN CORRELATION
Goal D (Financial Stability and Transparency), Objective:
1.Provide regular updates to the City Council and community about the City’s finances.
FINANCIAL IMPACT
None.
ATTACHMENTS
A. ARPA Utilization Plan – Status Financial Report – February 2023
City of Cudahy
American Rescue Plan Act (ARPA) - Utilization Plan
State and Local Fiscal Recovery Funds (SLFRF)
Status Financial Report - February 2023
Total City Allocation $ 5,638,206.00
Total Cumulative Expenditures** $ 5,638,206.00
Approved
Amount
Expenditures to
Date Project Status
APPROVED PROJECTS
City Reserves $ 2,150,056.00 $ 2,150,056.00 Completed
**Revenue Stabilization Plan
Council Approval: 8/16/2022
City-Wide Energy Efficiency Facilities
Modernization Project $ 1,435,000.00 $ 1,230,610.00 In-Progress Project Contingency (10%) $ 600,000.00
Council Approval: 8/16/2022
Strategic Plan Program Implementation $ 1,000,000.00
**Approved by City Council (Committed Fund Balance)
Council Approval: 9/6/2022
Hub Cities Consortium Financial Support $ 100,000.00 $ 100,000.00 Completed Council Approval: 9/6/2022
Remaining Committed Fund Balance $ 900,000.00
Strategic Plan $ 50,000.00 $ 57,644.00 Completed
Financial Software Upgrade $ 128,150.00 $ 105,273.97 In-Progress City Facilities Condition Assessment, $ 175,000.00 $ - In-Progress Maintenance Plan and Space Utilization Study
Employee Lump Sum Compensation $ 100,000.00 $ 82,596.37 Completed **Hero Pay
TOTAL $ 5,638,206.00 $ 3,726,180.34
**Pursuant to Final Rule issued by the U.S. Department of the Treasury, the SLFRF funds may be used towards government services (ie. public safety, police). Based on expenditures incurred for police services between March 2021 to June 2022 the City has claimed such allowable expenditures against the amount allocated to the City.
This reimbursed the City's General Fund for the costs during that period as a result of the pandemic.
As the City's General Fund received "reimbursement" of prior costs incurred, the City will be utilizing these "onetime" funds for the following purposes:
Attachment A Page 25 of 131
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STAFF REPORT
Date: March 21, 2023
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Juan Arauz, Community Development Director
Subject: Adoption by Second Reading of Ordinance No. 733 Amending Section 20.84.260 (Allowed Temporary Uses) of Part 4 (Temporary Use Permits) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) of the Cudahy Municipal Code
RECOMMENDATION
The City Council is requested to adopt by second reading Ordinance No. 733, Amending Section
20.84.260 (Allowed Temporary Uses) of Part 4 (Temporary Use Permits) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) of the Cudahy Municipal Code.
BACKGROUND/ANALYSIS
On July 17, 2018, the City Council for the City of Cudahy (“City Council”) adopted Ordinance No. 690 amending the City of Cudahy’s (“City”) Municipal Code and Zoning Map. Municipal Code Section 20.84.260 (Allowed Temporary Uses) establishes the allowed temporary uses in the City of Cudahy (“City”). The Municipal Code in its current form contains outdated and vague language and the staff is requesting the City Council accept the proposed amendment to correct the language.
On February 21, 2023, staff presented the ordinance for first reading, the City Council had questions as to the actual amendments made to the code, staff is presenting an amended version highlighting the changes made to the municipal code.
CONCLUSION
Staff requests the City Council adopt by second reading Ordinance No. 733, Amending Section
20.84.260 (Allowed Temporary Uses) of Part 4 (Temporary Use Permits) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) of the Cudahy Municipal Code.
Item Number
12D
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STRATEGIC PLAN CORRELATION
None.
FINANCIAL IMPACT
None.
ATTACHMENTS
A. Proposed Ordinance No. 733
ORDINANCE NO. 733
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CUDAHY, CALIFORNIA AMENDING SECTION
20.84.260 (ALLOWED TEMPORARY USES) OF PART 4
(TEMPORARY USE PERMITS) OF CHAPTER 20.84
(PERMIT PROCEDURES) OF TITLE 20 (ZONING) OF THE
CUDAHY MUNICIPAL CODE
WHEREAS, on July 17, 2018, the City Council for the City of Cudahy (“City Council”) adopted Ordinance No. 690 amending the City of Cudahy’s (“City”) Municipal Code and Zoning Map; and
WHEREAS, Cudahy Municipal Code Section 20.84.260 (Allowed Temporary Uses) establishes the allowed temporary uses in the City; and WHEREAS, Municipal Code Section 20.84.260 in its current form contains outdated and vague language.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUDAHY DOES ORDAIN AS FOLLOWS:
Section 1. The facts set forth in the recitals above are true and correct.
Section 2. Section 20.84.260 (Allowed Temporary Uses) of Part 4 (Temporary Use Permits) of Chapter 20.84 (Permit Procedures) of Title 20 (Zoning) of the Cudahy Municipal Code is hereby amended in its entirety to read as follows:
“Section 20.84.260 Allowed temporary uses.
Upon submittal of a Temporary Use Permit application, the following temporary uses and developments may be initiated, altered, or maintained upon approval by the Community Development Director, or his or her designee, pursuant to this section:
A. Temporary Carnivals, Circuses, Fairs, and Similar Events. Applications for such events shall be submitted for review no less than 30 days prior to the first day of the event, and shall be subject to the following restrictions:
1. Duration. Events shall not exceed four days within any six-month period, provided the event is located on property owned or leased by a public agency, or on the grounds of the sponsoring organization per subsection (A)(2) of this section.
2. Civic Events. Events shall be permissible only if sponsored by a public agency or a religious, educational, fraternal, service, or community based nonprofit organization directly engaged in civic or charitable endeavors.
Attachment A Page 29 of 131
Ordinance No. 733
3. Limitation of Days. Events shall be limited to three days in any six-month period, but the Director of Community Development may authorize a fourth day if the location, conduct, or timing of the event suggests that the event will not unduly impose on its neighbors.
4. The Director of Community Development may delegate to the Planning Commission, his or her reviewing authority, of any event that requires closure of, or obstruction to, public right of ways.
B. Christmas Trees. The outdoor sale of Christmas trees and wreaths on private property, between December 1st and December 25th of any calendar year, inclusive, to the extent permitted by other applicable ordinances, statutes, and regulations; provided, that any temporary structures and materials used shall be removed from the premises and the property restored to a neat and broom-clean condition by December 31st. A site plan shall be submitted to the Director of Community Development for review and approval, or denial of a location for such outdoor sales.
C. Outdoor Sales of Flowers and Gifts. Outdoor sales of flowers and gifts on private property are prohibited, except for a business licensed to sell flowers that has been licensed to sell flowers for more than one year. Flower shops may obtain a temporary use permit, provided the applicant submits proof showing sales of flowers exceeds 25 percent of annual gross receipts for the business. Sales shall be conducted on the same location as the flower shop. A site plan shall be submitted to the Director of Community Development for review and approval or denial of the location for such sales.
D. Outdoor Sales. Temporary uses of land, including temporary outdoor sales and the erection of booths, tents, or parking of trailers on private property for temporary activities conducted either outdoors or within temporary structures, when such uses are allowed in the applicable zone with the approval of the Director of Community Development. A maximum of four (4) outdoor sales events may be permitted on a site, with each event limited to a maximum of seven (7) days. The location of an outdoor sales event shall not interfere with automobile circulation and shall be designed in a manner to allow free pedestrian movement both within and around the vicinity. Activities associated with outdoor sales events shall not be located on, or interfere with, public right of ways. A site plan shall be submitted to the Director of Community Development for review and approval or denial of a location for such outdoor sales.
E. Additional Temporary Uses. In addition to the above uses, the Director of Community Development may authorize temporary uses not listed in this section.
The proposed uses under the Community Development Director’s discretion may be granted only when the proposed activity complies with the following:
Ordinance No. 733
1. Site Suitability. The site for the proposed temporary use is adequate in size and shape to accommodate such use.
2. Neighborhood Compatibility. The Community Development Director shall consider the nature, condition, and development of adjacent uses, buildings, and structures and the effect the proposed use may have on such adjacent uses, buildings, and structures.
3. Access and Circulation. The site for a proposed temporary use should relate to streets and highways adequate in width and pavement to carry the kind and quantity of traffic such use would generate.
4. Safety and Welfare. The proposed temporary use will not be detrimental to the public interest, health, safety, convenience, or welfare.
5. Distance Requirements. To avoid impacts resulting from proliferation, temporary uses with similar operations shall not be located within 500 feet from each other. This distance shall be measured in a straight line without regard to intervening structures, from the nearest property line where an existing temporary use is located to the nearest property line of a similar proposed temporary use.
6. Duration. Upon making the aforementioned findings, the Director of Community Development may allow a temporary use for a maximum of twelve (12) consecutive months. Applicants may request a one-time extension of up to twelve (12) months by submitting a written request that includes explanation of how the temporary use has maintained conformity with the findings of this subsection. The Community Development Director shall review requests for time extensions and approve or deny based on information presented including evidence obtained from City records.”
Section 3. Outreach. Upon adoption of Ordinance, City staff shall meet with organizations and businesses who hold events in the City, to outline relevant provisions of the Ordinance.
Section 4. CEQA. This Ordinance is not subject to CEQA under the general rule set forth in Section 15601(b)(3) of the CEQA Guidelines that CEQA only applies to projects which have the potential for causing a significant effect on the environment.
Section 5. Inconsistent Provisions. Any provision of the Cudahy Municipal Code, or appendices thereto, that conflicts with the provisions of this Ordinance, to the extent of such conflict and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.
Section 6. Severability. If any section, subsection, subdivision, paragraph,
Ordinance No. 733
sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.
Section 7. Construction. This Ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. To the extent the provisions of the Cudahy Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as it read prior to the adoption of this Ordinance, those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.
Section 8. Publication and Effective Date. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption.
This Ordinance shall become effective thirty (30) days after adoption.
PASSED, APPROVED and ADOPTED by the City Council of the City of Cudahy this 21st day of March 2023.
________________________________
Daisy Lomelí, Mayor
ATTEST:
_________________________________
Richard Iglesias, City Clerk
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STAFF REPORT
Date: March 21, 2023
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
Subject: Adoption by Second Reading of Ordinance No. 734 Repealing Chapter 2.56 (Post-Government Employment Restrictions) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code
RECOMMENDATION
The City Council is requested to adopt by second reading Ordinance No. 734, Repealing Chapter
2.56 (Post-Government Employment Restrictions) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code.
BACKGROUND/ANALYSIS
On November 5, 2013, the City Council adopted Ordinance No. 630 (“Ordinance”) adding Chapter 2.56 (Post-Government Employment Restrictions) to the Cudahy Municipal Code (“Municipal Code”). The Ordinance prohibits for a period of four (4) years from the time they permanently leave their office or employment, all former elected officials, former appointed officials, and former members of management from being eligible for City employment or award of City contracts. The Ordinance also prohibits for a period of four (4) years from the time they permanently leave their office or employment, former elected officials, former appointed officials, or former members of management, or their immediate family members, or entities with which the former officials or members of management are affiliated shall, to act as agent or attorney for, or otherwise represent, any other person or entity, for compensation, before the City Council, any City Board or Commission, or any other official or employee of the City.
Government Code Section 87406.3 addresses the post government employment restrictions and prohibits the same as is prohibited by Ordinance but for a period of one (1) year. Repealing Chapter 2.56 (Post-Government Employment Restrictions) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code will result in the City being subject to the prohibition Item Number
12E
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as set forth in Government Code Section 87406.3.
CONCLUSION
Staff requests the City Council adopt by second reading Ordinance No. 734, Repealing Chapter
2.56 (Post-Government Employment Restrictions) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code.
STRATEGIC PLAN CORRELATION
None.
FINANCIAL IMPACT
None.
ATTACHMENTS
A. Proposed Ordinance No. 734
ORDINANCE NO. 734
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUDAHY REPEALING CHAPTER 2.56 (POSTGOVERNMENT EMPLOYMENT RESTRICTIONS) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE
CUDAHY MUNICIPAL CODE
WHEREAS, the City of Cudahy (“City”) is a municipal corporation organized and existing under and by virtue of the laws of the State of California, with its principal office at 5220 Santa Ana Street, Cudahy, CA 90201; and
WHEREAS, on November 5, 2013, the City Council adopted Ordinance No. 630 adding Chapter 2.56 (Post-Government Employment Restrictions) to the Cudahy Municipal Code (“Municipal Code”).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUDAHY DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The Recitals set forth above are true and correct and are incorporated into this Ordinance by reference.
Section 2. Chapter 2.56 (Post-Government Employment Restrictions) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code is hereby repealed in its entirety.
Section 3. CEQA. This Ordinance is not subject to CEQA under the general rule set forth in Section 15601(b)(3) of the CEQA Guidelines that CEQA only applies to projects which have the potential for causing a significant effect on the environment.
Section 4. Inconsistent Provisions. Any provision of the Cudahy Municipal Code, or appendices thereto, that conflicts with the provisions of this Ordinance, to the extent of such conflict and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.
Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.
Section 6. Construction. This Ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be Attachment A Page 35 of 131
construed in light of that intent. To the extent the provisions of the Cudahy Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as it read prior to the adoption of this Ordinance, those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.
Section 7. Publication and Effective Date. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption.
This Ordinance shall become effective thirty (30) days after adoption.
PASSED, APPROVED and ADOPTED by the City Council of the City of Cudahy this 7th day of March 2023.
________________________________
Daisy Lomelí, Mayor
ATTEST:
_________________________________
Richard Iglesias, City Clerk
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03/21/2023
Item Number
12F
CITY MANAGER REPORT
Date: March 21, 2023
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Joshua Calhoun, Finance Director
Subject: Parking Citations Reporting
RECOMMENDATION
The City Council is requested to receive and file the parking citations report.
BACKGROUND
1. On September 8, 2003, City of Cudahy entered into agreement with Data Ticket Inc. dba Municipal Services Bureau, Parking to provide typical Municipal Citation Data Processing including but not limited to the following: Process all citationsfor the City. Provide monthly summary of citations entered, paid, and cleared. Prepare notices for delinquent citation.
Obtain vehicle registration information and add it the Master File in order to mail notices of delinquency. Prepare Reports Supporting noticesfor mailing. Provide delinquent citation collection services.
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03/21/2023
DMV Payments Report
Date Range: 02/01/23-02/28/2023
# of Payments Total Paid Amount
46 $4,550.00
Franchise Tax Board Payments Report
Date Range: 02/01/23-02/28/2023
# of Payments Total Paid Amount
171 $17,409.89
Adjudication Review Disposition Report
Date Range: 02/01/23-02/28/2023
# of Payments Total Owing Amount
102 $3,424.00
Make Mismatch Report
Date Range: 02/01/23-02/28/2023
Total # of Mismatches
# of Mismatches 0
ANALYSIS
City Manager/ Executive Director is encouraged to bring back the internal processing of parking tickets, and work together with Data Ticket Inc., to have a better understanding of parking ticket processing and control of the revenue it generates for the City.
City of Cudahy-Citation Status Reports
Date Range: 02/01/2023 - 02/28/2023
Status # Citations Original Charges/Fees Payments Owing Closed 105 $5,293.00 ($45.00) $5,248.00 $0.00
Dismissed 3 $155.00 ($155.00) $0.00 $0.00
On Hold 8 $1,070.00 $0.00 $370.00 $700.00
Open 460 $27,183.00 $0.00 $0.00 $27,183.00
Void 4 $180.00 ($180.00) 0 $0.00
Warn 9 $0.00 0 0 $0.00
Totals: 589 $33,881.00 ($380.00) $5,618.00 $27,883.00
Notes:
As of February 2023, Data Ticket has processed a total of 589 citations for the City of Cudahy.
Total Original Amount of $33,881.00 is the total of all closed, dismissed, on hold, open and void parking citations.
The Charges/Fees Amount of ($380) is the amount the City assesses when a cite is not paid in a timely manner (penalty), refunds or any balance adjustments.
Total Payments Amount of $5,618.00 is the amount paid for each citation category.
Total owing amount of $27,883.00 is the outstanding amount Data ticket will collect by sending notices, placing DMV holds, and utilizing Franchise Tax Board.
Data Ticket Cost of Services
Services Cost Per Instance
New Citation-Enter Tickets $1.30
Scan and Upload Documentation $0.50
Fees collecting out of state 30% collected revenue
Payment Plan Admin Fee $15.00
Indigent Payment Plan $0.90
New Citation Appeals $0.50
Review, Hearing and Court $0.50
Appeal Letter Generated $1.18
Refund Correspondence $1.18
Scheduled Letter Extracted $1.18
Additional Correspondence $1.00
Waiver Form Sent $1.18
Write wizard Contract-Monthly $25.00
Web Access-Monthly Fee $50.00
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03/21/2023
City of Cudahy‐ Parking Citations Aging Report
As of March 13, 2023
STRATEGIC PLAN
Finance Department Goal is to provide regular updates to the City Manager about the parking citation revenues.
CONCLUSION
It is recommended that the City of Cudahy brings back in-house parking citations and work with Data Ticket to better control the parking ticket process and revenue collection.
ATTACHMENTS
A. Summary of Citation Status Reports
B. Parking Citations Aging Report
City of Cudahy
-Citation Status Report
Date Range: 02/01/23-02/28/23
Status# Citations Original Charges/Fees Payments Owing
Void4 $180.00 ($180.00) $0.00
Warn9 $0.00 $0.00
On Hold8 $1,070.00 $370.00 $700.00
Closed 105 $5,293.00 ($45.00) $5,248.00 $0.00
Open 460 $27,183.00 $27,183.00
Dismissed3 $155.00 ($155.00) $0.00
Totals: 589 $33,881.00 ($380.00) $5,618.00 $27,883.00
Attachment A Page 40 of 131
City of Cudahy‐ Parking Citations Aging Report
As of March 13, 2023
Department #0‐30 Days Count 0‐30 Days Total #31‐60 Days Count 31‐60 Days Total #61‐90 Days Count 61‐90 Days Total #91‐180 Days Count 91‐180 Days Total #181 Days‐1 Yr Count 181 Days‐1 Yr Total Total Amount CA ‐ w/RO & No DMV Hold Attempted ‐
OPEN 414 $24,652.00 413 $34,558.00 11 $1,364.00 53 $4,893.00 18 $1,946.00 $67,413.00 CA ‐ w/RO & No DMV Hold Attempted ‐ On
Hold 11 $580.00 9 $760.00 1 $70.00 41 $2,615.00 66 $6,486.00 $10,511.00 CA ‐ w/RO & DMV Hold Failed 0 $0.00 0 $0.00 76 $7,619.50 172 $20,739.00 226 $31,577.00 $59,935.50 CA ‐ w/RO & DMV Hold Successful 0 $0.00 3 $804.00 197 $18,089.50 552 $59,268.50 373 $46,286.00 $124,448.00 CA ‐ w/RO & DMV Hold Successful & At FTB 0 $0.00 0 $0.00 0 $0.00 9 $1,482.00 263 $30,764.00 $32,246.00 CA ‐ w/RO & At FTB 0 $0.00 0 $0.00 0 $0.00 3 $391.00 126 $16,753.50 $17,144.50 CA ‐ w/RO and At Collections 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 $0.00 CA ‐ w/RO and At Collections and DMV hold 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 $0.00 CA ‐ without R/O 15 $766.00 14 $1,620.00 16 $1,008.00 69 $5,550.00 67 $5,947.00 $14,891.00 Out of State ‐ w/RO 6 $565.00 4 $255.00 2 $168.00 20 $2,601.00 21 $2,038.00 $5,627.00 Out of State ‐ w/RO and At FTB 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 $0.00 Out of State ‐ without R/O 5 $225.00 7 $395.00 1 $45.00 29 $2,154.00 19 $1,540.00 $4,359.00 Out of State ‐ at Collections 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 $0.00 Totals: 451 $26,788.00 450 $38,392.00 304 $28,364.00 948 $99,693.50 1179 $143,337.50 $336,575.00 Attachment B Page 41 of 131
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“Serving The People”
Staff Report
03/21/2023 Page 1 of 2
STAFF REPORT
Date: March 21, 2023
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager
By: City Clerk’s Office
Subject: Adoption of Proposed Resolution No. 23-14, Updating Objectives and Policies for the Planning Commission, Section 2 (IV)
RECOMMENDATION
The City Council is requested to adopt proposed Resolution No. 23-14, updating Objectives and Policies for the Planning Commission, Section 2 (IV).
BACKGROUND/ANALYSIS
On September 7, 1982, the City Council adopted Ordinance No. 290 establishing the Planning Commission in the City, organization of the Planning Commission has since been amended by Ordinance No. 486 in 1993, Ordinance No. 490 in 1994, Ordinance No. 578 in 2002, and most recently by Ordinance No. 719 in April 2022.
On July 5, 2022, City Council adopted proposed Resolution No. 22-40, establishing the objectives and policies for the Planning Commission. The resolution took effect immediately upon adoption.
Resolution No. 22-40 specified that the City Clerk’s office was to act as the secretary for the Planning Commission, now that the Community Development Department is fully staffed, staff recommends the City Council update Resolution No. 22-40, Section 2 (IV), making the Community Development Department the secretary instead of the City Clerk's Office.
CONCLUSION
Based on the foregoing, staff recommends that the City Council adopt proposed Resolution No. "Sirviendo A La Comunidad"
Item Number
12G
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
03/21/2023 Page 2 of 2
23-14, updating Objectives and Policies for the Planning Commission, Section 2 (IV).
STRATEGIC PLAN CORRELATION
None.
FINANCIAL IMPACT
There are no financial impacts anticipated by this requested action.
ATTACHMENT
A. Resolution No. 23-14
B. Resolution No. 22-40
1 RESOLUTION NO. 23-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA UPDATING THE OBJECTIVES
AND POLICIES FOR THE PLANNING COMMISSION
WHEREAS, on April 5, 2022, the City of Cudahy (“City”) adopted Ordinance No. 719, amending Chapter 2.32 (City Commissioners) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code (“Municipal Code”); and WHEREAS, on May 17, 2022, the City adopted Ordinance No. 722 amending Chapter 2.36 (Planning Commission) to coincide with the recently implanted Ordinance No. 719.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, AS FOLLOWS:
SECTION 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by reference.
SECTION 2. The Cudahy City Council hereby repeals Resolution No. 22-40 and all previous resolutions regarding the composure of the Planning Commission in their entirety and adopts the following City of Cudahy Planning Commission Objectives and Rules:
“CITY OF CUDAHY
PLANNING COMMISSION OBJECTIVES AND POLICIES
I. Purpose
The Cudahy Planning Commission (“Planning Commission”) is established pursuant to Ordinance No. 722.
II. Qualifications
Planning Commissioners shall meet the qualifications set forth for all Commissioners in Chapter 2.32 of the Cudahy Municipal Code.
III. Appointment and Removal
Planning Commissioners shall be appointed and removed pursuant to Chapter
2.32 of the Cudahy Municipal Code.
IV. Organization
The Planning Commission shall elect its chairperson and vice chairperson from among its members for a term of one year and, subject to other provisions of law, may create and fill such other offices within its membership as it may determine Attachment A Page 45 of 131
2 are necessary and convenient. Such officers shall hold their respective positions and status at the pleasure of a majority of the Commission.
The Community Development Director will serve as the staff liaison. The Community Development Department will serve as the secretary for the Planning Commission.
V. Absences
All Planning Commissioners must abide by the “Absences” section of Chapter 2.32 of the Cudahy Municipal Code.
VI. Vacancies
All Planning Commissioners must abide by the “Vacancy” section of Chapter 2.32 of the Cudahy Municipal Code.
VII. Rules and Regulations
All Planning Commissioners must abide by the “Code of Conduct” section of Chapter 2.32 of the Cudahy Municipal Code.
The Planning Commission may pass resolutions adding rules in addition to Chapter 2.32 of the Cudahy Municipal Code but cannot remove any requirement from said chapter.
VIII. Meetings
Planning Commission meetings shall be held on the third Monday of each month.
Meetings will start promptly at 6:30 PM.
Minutes for each meeting shall be made available for inspection approximately thirty (30) days after each meeting at the next scheduled meeting.
IX. Youth Appointee
The Planning Commission will have up to two (2) Youth Appointees, appointed by a majority of the Commissioners. The Youth Appointee will not have any voting rights or count towards the quorum. The Youth Appointee will participate in meetings providing feedback and insight to the Planning Commission.
X. Compensation
Members of the Planning Commission shall be paid fifty-five dollars ($55) per regularly scheduled monthly meeting, and the Chairman shall be paid sixty-five dollars ($65) per regularly scheduled monthly meeting.”
3 SECTION 3. This Resolution shall take effect immediately upon adoption. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at the regular meeting of this 21st day of March 2023.
______________________________
Daisy Lomelí
Mayor
ATTEST:
____________________________
Richard Iglesias
City Clerk
4 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. 23-14 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 21st day of March 2023 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Richard Iglesias
City Clerk
RESOLUTION NO. 22-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA ESTABLISHING THE
OBJECTIVES AND POLICIES FOR THE PLANNING
COMMISSION
WHEREAS, on April 5, 2022, the City of Cudahy ("City") adopted Ordinance No. 719, amending Chapter 2.32 (City Commissioners) of Title 2 (Administration and_ Personnel) of the Cudahy Municipal Code ("Municipal Code"); and WHEREAS, on May 17, 2022, the City adopted Ordinance No. 722 amending Chapter 2.36 (Planning Commission) to coincide with the recently implanted Ordinance No. 719.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, AS FOLLOWS:
SECTION 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by reference.
SECTION 2. The Cudahy City Council hereby repeals all previous resolutions regarding the composure of the Planning Commission and adopts the following City of Cudahy Planning Commission Objectives and Rules:
"CITY OF CUDAHY
PLANNING COMMISSION OBJECTIVES AND POLICIES
I. Purpose
The Cudahy Planning Commission ("Planning Commission'; is established pursuant to Ordinance No. 722.
II. Qualifications
Planning Commissioners shall meet the qualifications set forth for all Commissioners in Chapter 2.32 of the Cudahy Municipal Code.
Ill. Appointment and Removal
Planning Commissioners shall be appointed and removed pursuant to Chapter
2. 32 of the Cudahy Municipal Code.
IV. Organization
The Planning Commission shall elect its chairperson and vice chairperson from among its members for a term of one year and, subject to other provisions of law, may create and fill such other offices within its membership as it may determine Attachment B Page 49 of 131
Resolution No. 22-40
are necessary and convenient. Such officers shall hold their respective positions and status at the pleasure of a majority of the Commission.
The Community Development Director will serve as the staff liaison. The City Clerk's office will serve as the secretary for the Planning Commission.
V. Absences
All Planning Commissioners must abide by the "Absences" section of Chapter 2.32 of the Cudahy Municipal Code.
VI. Vacancies
All Planning Commissioners must abide by the "Vacancy" section of Chapter 2.32 of the Cudahy Municipal Code.
VII. Rules and Regulations
All Planning Commissioners must abide by the "Code of Conduct" section of Chapter 2.32 of the Cudahy Municipal Code.
The Planning Commission may pass resolutions adding rules in addition to Chapter 2. 32 of the Cudahy Municipal Code but cannot remove any requirement from said chapter.
VIII. Meetings
Planning Commission meetings shall be held on the third Monday of each month.
Meetings will start promptly at 6:30 PM.
Minutes for each meeting shall be made available for inspection approximately thirty (30) days after each meeting at the next scheduled meeting.
IX. Youth Appointee
The Planning Commission will have up to two (2) Youth Appointees, appointed by a majority of the Commissioners. The Youth Appointee will not have any voting rights or count towards the quorum. The Youth Appointee will participate in meetings providing feedback and insight to the Planning Commission.
X. Compensation
Members of the Planning Commission shall be paid fifty-five dollars ($55) per regularly scheduled monthly meeting, and the Chairman shall be paid sixty-five dollars ($65) per regularly scheduled monthly meeting." SECTION 3. This Resolution shall take effect immediately upon adoption. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof.
2
Resolution No. 22-40
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at the regular meeting of this 5
th day of July 2022.
Mayor
3
Resolution No. 22-40
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. 22-40 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 5
th day of July 2022 and that said Resolution was adopted by the following vote, to-wit:
AYES: Guerrero, Lozoya, Lomeli, Gonzalez, and Alcantar
NOES: None
ABSENT: None
ABSTAIN: None
Richard lglesig�
City Clerk
4
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Staff Report
3/21/2023 Page 1 of 3
STAFF REPORT
Date: March 21, 2023
To: Honorable Mayor/Chair and City Council/Agency Members From: From: Alfonso Noyola, City Manager/Executive Director By: Andres Rangel, Management Analyst
Subject: Approval of Professional Services Agreement for Municipal Prosecution and Code Enforcement Services
RECOMMENDATION
City Council is requested to award a Professional Services Agreement (PSA) to Dapeer, Rosenblit, Litvak LLP for Municipal Prosecution and Code Enforcement Services in the amount not-to-exceed $50,000, annually.
BACKGROUND
1. On January 3, 2023, the City released a Request for Bids to solicit “Municipal Prosecution and Code Enforcement Services”.
2. On January 19, 2023, the Request for Bids submission window closed. Two proposals were submitted.
3. On January 24, 2023 the City extended the bidding period to February 9, 2023 to meet the required CDBG guidelines of three proposal submissions.
4. On February 9, 2023 the Request for Bids submission window closed. Four proposals were submitted.
5. On February 27, 2023 through March 7, 2023, the proposals were evaluated.
6. On March 16, 2023, Dapeer Rosenblit Litvak, LLP was notified that it was the preferred bidder and would be recommended by staff to receive a contract.
ANALYSIS
As part of the City’s participation in the US Housing and Urban Development (HUD) CDBG program, which is administered by the Los Angeles County Community Development Commission (CDC), the City receives a yearly allocation of funds towards the implementation of a variety of projects. The City’s CDBG funded projects include the Code Enforcement Item Number
14B
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Program, which utilizes the services of a City Prosecutor. The City’s Code Enforcement Program performs enforcement of municipal and other government codes as they pertain to property maintenance and zoning ordinances. Code Enforcement activities include the evaluation and enforcement of housing standards, land use, illegal construction, and related health and safety problems are.
The City issued a Request for Bids to solicit proposals for the following scope of services:
• With City direction, responsible for prosecuting all municipal code violations including notice to
• appear citations. This includes setting up court dates for the purpose of arrangement or hearing.
• Investigate and advise staff regarding open code enforcement cases. • Conduct office conferences and send notices of violation. • Prepare, file and prosecute criminal cases (misdemeanor and infractions). • Prepare, file and prosecute civil injunction and nuisance abatement cases. • Consult with Code Enforcement Officers, City Staff and City Attorney regarding code compliance program and implementation of City’s code enforcement policies.
In response to the RFP, the City received four proposals from Dapeer Rosenblit Litvak, LLP, Best Best & Krieger, LLP, Jones Mayer Law, and Law Offices of William D. Ross. All Submitted proposals were reviewed and evaluated and it was determined that Dapeer Rosenblit Litvak, LLP was the most “responsive bidder”. Based upon staff analysis, the scope of work approach is relevant to the City’s Municipal Prosecution needs for Code Enforcement.
The bid summary is below:
Firm Name Proposal Cost (Attorney Fees)
Law Offices of William D. Ross $275 per hour
Jones Mayer Law $225 per hour
Best Best & Krieger, LLP $275 per hour
Dapeer Rosenblit Litvak, LLP $195 per hour
Dapeer Rosenblit Litvak, LLP was determined to be the best economical option. Additionally, have an established working relationship with City staff and have provided exemplary quality service to the City for various years. They have past CDBG experience, which will be a strong asset in providing Municipal Prosecution and Code Enforcement Services. Dapeer Rosenblit Litvak, LLP also have thorough and complete knowledge of the City’s municipal code. Their specialty knowledge, familiarity in the industry, and experience in developing cost effective
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means of obtaining compliance with the City’s laws, makes DRL the preferred law firm to provided Municipal Prosecution and Code Enforcement Services.
CONCLUSION
The City recommends awarding a Professional Services Agreement (PSA) to Dapeer Rosenblit Litvak, LLP for Municipal Prosecution and Code Enforcement Services in the amount not-toexceed $50,000.
STRATEGIC PLAN CORRELATION
None.
FINANCIAL IMPACT
The contract total is $50,000. The contract cost has been allocated in this fiscal year budget.
ATTACHMENTS
A. Request for Proposal
B. Dapeer Rosenblit, Litvak, LLP Proposal
C. Draft Professional Services Agreement between the City of Cudahy and Dapeer, Rosenblit, and Litvak, LLP
1 REQUEST FOR PROPOSALS
MUNICIPAL PROSECUTION AND
CODE ENFORCEMENT SERVICES
January 3, 2023
Attachment A Page 56 of 131
2 CITY OF CUDAHY
REQUEST FOR PROPOSAL
MUNICIPAL PROSECUTION AND CODE ENFORCEMENT SERVICES
I. Introduction
The City of Cudahy is seeking a statement of qualifications and proposals from qualified lawyers and law firms to provide prosecution services, on an as-needed basis. The scope of work, proposal format, submittal guidelines, evaluation and selection process are described in this Request for Proposal (“RFP”).
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 25,870. The City is a general law city and operates under the council-manager form of government.
As part of its renewed focus toward building a thorough and efficient Code Enforcement Program, the City of Cudahy will consider proposals for City Prosecution Services for Code Enforcement. The Cudahy Code Enforcement Program is 100% CDBG funded.
The Code Enforcement Division enforces a broad range of public health and safety regulations including housing, zoning, health, environmental, public nuisance, and other safety codes that are designed to maintain a healthy, safe and clean environment, carry out land use policy, and preserve the quality of life standards that residents and businesses enjoy in our community. Blight and nuisances can devalue, detract, and degrade the quality of any neighborhood.
The City of Cudahy may enter into a professional services agreement with the selected firm. The length of the agreement will be for a three (3) year term with two (2), one (1) year extension options.
III. Scope of Work and Requirements
The City’s Community Development Department is primarily responsible for code enforcement at the administrative level. Enforcement of Cudahy Municipal Code ensures the continued practice of the City’s zoning, health and safety standards, and the elimination of blight conditions. The City seeks qualified firms and practitioners to provide the following services, as needed, and in coordination with the appropriate staff.
3 A. Scope of Services:
1) With City direction, responsible for prosecuting all municipal code violations including notice to appear citations. This includes setting up court dates for the purpose of arrangement or hearing. 2) Investigate and advise staff regarding open code enforcement cases. 3) Conduct office conferences and send notices of violation. 4) Prepare, file and prosecute criminal cases (misdemeanor and infractions). 5) Prepare, file and prosecute civil injunction and nuisance abatement cases. 6) Consult with Code Enforcement Officers, City Staff and City Attorney regarding code compliance program and implementation of City’s code enforcement policies.
B. Requirements:
1) Member in good standing with the California Bar
2) Have a reputation for reliability, honesty and integrity; maintain professional liability insurance 3) Minimum of 5 years experience in prosecuting code enforcement cases 4) Have no conflicts of interests within the meaning of the Political Reform Act, common law conflicts or Government Code section 1090.
IV. Proposal Format and Content
A. Provide detailed qualifications of the proposed individual(s) for providing legal services that include but are not limited to the following:
1) Legal training and years of practice including date of admittance to the California Bar 2) Years of municipal or other local public sector law practice 3) Knowledge of and experience with California municipal law, criminal (misdemeanor and infraction) or other relevant public sector experience
4) Relevant clientele represented and years representing each 5) Litigation experience with examples
6) Knowledge and practice of law relating to land use and planning, building code violations, and nuisance abatement
7) Office location and accessibility to the City
8) Provide a minimum of three professional references
9) Scholastic honors publications and professional affiliations B. Cost Proposal
1) Firm's Rate Schedule, including hourly or fixed-rate for cases. 2) Firm’s total cost to perform the work in its entirety including a breakdown of the costs for any and all reimbursable costs such as travel costs, mailing costs, fax, electronic research and any other direct or indirect costs associated with performing the required services.
C. Any additional information the Consultant deems appropriate.
4 V. Submittal Guidelines
Proposals shall be submitted to the address below:
Andres Rangel
City Manager's Office
City of Cudahy
5220 Santa Ana Street
Cudahy, CA 90201
Three (3) printed copies of the proposal are required to be mailed or hand delivered to the address indicated above on or before the submittal deadline as stated in Section VI. Any inquiries related to the RFP should be directed to Andres Rangel at (323) 773-5143, ext. 238 or emailed to [email protected]
VI. RFP Schedule
Distribution of RFP: January 3, 2023
Submittal deadline: January 19, 2023 at 4:00 p.m.
Proposals are evaluated: January 23-24, 2023
City Staff determines successful proposer: January 25, 2023 Finalize Agreement with successful proposer: January 26, 2023 Contract subject to Council approval: February 7, 2023
If approved, contract effective date: February 7, 2023
VII. Evaluation and Selection Process
Any contract and assignments resulting from this RFP will be made on an as-needed basis in response to a specific matter or matters. The Proposer rated to be the most responsive and responsible to all specified requirements in a quality and cost-effective manner may be awarded a contract. Proposals will be evaluated utilizing the following criteria:
• Background and experience of the Consultant in conducting similar work • Ability to complete the work in a timely manner
• Accessibility and Availability
• Cost
• References
5 As part of the evaluation process, the City of Cudahy may conduct interviews with those Consultants whose proposal most closely matches the requirements of the RFP if it is in its best interest.
Upon completion of the evaluation process, the most qualified Proposer will be contacted to finalize the Scope of Work and related terms of a professional services agreement. A draft agreement is attached. The approved contract will be subject to Council approval. The City of Cudahy reserves the right to reject any and all proposals 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 Proposer.
Proposal Validity
The Proposer’s pricing shall be valid for a minimum of 90 days.
Proposal Acceptance
The City reserves the right to accept all or a portion of the Proposer’s proposal. The City reserves the right to offer the award to the overall best Proposer or split the award amongst multiple Proposers.
Proposal Preparation Costs
The City shall not be responsible for any costs incurred by the Proposer in preparing, submitting or presenting its response to the RFP.
Withdrawal of Proposal before Closing
Any Proposer may request the withdrawal of their submitted proposal, 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 Proposer’s proposal null and void. Withdrawal of Proposer’s proposal will not prejudice Proposer’s re-submittal for this or any future proposal(s).
Interpretation of Documents
During the proposal solicitation period should a Proposer find discrepancies or omissions in the specifications of the RFP or should the Proposer be in doubt as to their interpretation, the Proposer shall immediately notify the Director of Community Development. Should it be found necessary, an addendum will be sent to all Proposers. Any addenda shall form a part of this solicitation and shall become a part of the submitted proposal.
6 Public Record
Upon award, the results of the RFP process will become available. Be advised that all information contained in proposals submitted 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 Proposer shall pay all sums of money that become due from any labor, services, materials or equipment furnished to Proposer 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 Proposer shall fully discharge such lien no later than the time of performance of the obligation.
Federal, State and Local Laws
The Proposer and all sub-contractors shall comply with all applicable federal, state and local laws, rules, and regulations.
Contract Document
The contract resulting from acceptance of a proposal by the City shall be in a form supplied and approved by the City. (See attached draft contract.)
7 DRAFT
2023
PROFESSIONAL SERVICES AGREEMENT
(Engagement: HUD Program and Funding Compliance Services) (Parties: City of Cudahy and __________)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________day of __________________ 2023 (hereinafter, the “Effective Date”) by and between the CITY OF CUDAHY, a municipal corporation (hereinafter, “CITY”) and______________. (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.
WHEREAS, the City has entered into an agreement with the County of Los Angeles Community Development Commission (hereinafter, the “CDC”), to execute the City’s Community Development Block Grant (hereinafter, “CDBG”) Program administered by the Department of Housing and Urban Development (hereinafter, “HUD”), which includes funding for the City’s CDBG programs and a Code Enforcement program; and
WHEREAS, the CITY has determined it would be beneficial to use CDBG funds for professional prosecution services relating to the City’s CDBG funded Code Enforcement Program; and WHEREAS, CITY has determined the CONSULTANT possess the required experience, preparation, organization, staffing, and facilities necessary to provide the required prosecution services; WHEREAS, this Agreement was approved by the City Council at its Regular Meeting of ____________ 2023 under Agenda Item No. ______.
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 SCOPE OF SERVICES: Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the following task and services as more particularly described the Project Description, which is attached and incorporated hereto as Exhibit “A” (hereinafter, the “Scope of Services”). CONSULTANT further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Services. For the purposes of this Agreement, the aforementioned services and tasks set forth in the Scope of Services shall hereinafter be referred to generally by the capitalized term “Work.”
1.2 TERM: This Agreement shall have a term of three (3) years commencing from the Effective Date of this Agreement (“Initial Term”). Following the conclusion of the Initial Term, the Agreement shall renew automatically, beginning after the expiration of the Initial Term, for a maximum of two (2)
8 one-year extension terms unless prior to the expiration of the Initial Term or any extension term, CITY provides CONTRACTOR with written notice of its intent not to renew the Agreement or unless the Agreement is otherwise terminated as provided under Section 5 below. CITY shall provide forty five (45) days’ written notice to CONSULTANT prior to the expiration of the Initial Term or any subsequent extension term of its intent not to renew the Agreement. 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 Section 5 below.
1.3 PROSECUTION OF WORK: The Parties agree as follows:
A. Time is of the essence for this Agreement and each and every provision contained herein. CONSULTANT shall not commence any Work contemplated under this Agreement until it receives a Notice to Proceed, or other equivalent written documentation from the City Representative as designated below in Section 2.1; B. CONSULTANT shall not perform any Work unless specifically instructed by the City Representative. Upon receiving a request from the City Representative for services under this Agreement, CONSULTANT shall commence the requested Work as instructed.
C. CONSULTANT shall coordinate and cooperate with CITY on the prosecution of all Work contemplated under this Agreement and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents;
D. All information, data reports, records and maps as existing and in the possession of CITY and necessary for carrying out the work, shall be furnished to CONSULTANT without charge by CITY, and CITY shall cooperate in every reasonable way in the carrying out of the work without delay.
1.4 COMPENSATION:
A. CONSULTANT shall perform all Work in accordance with the hourly rates schedule provided in CONSULTANT’s “Cost Proposal,” which is attached and incorporated hereto as Exhibit “B.” CITY shall reimburse CONSULTANT for eligible costs incurred, based upon per activity costs as listed in Exhibit “A.”
B. Section 1.4(A) notwithstanding, CONSULTANT’s total compensation for the performance of all Work under this Agreement shall not exceed the total budgeted aggregate sum of ______________________DOLLARS ($________) (hereinafter, the “Not-to-Exceed Sum”) per annum, unless such added expenditure is first approved by the CITY acting in consultation with the City Manager. In the event CONSULTANT’s charges are projected to exceed the Not-to-Exceed Sum prior to expiration of the Initial Term, or any approved extension thereof, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement. CITY shall be under no obligation to compensate CONSULTANT for sums in excess of such Not-to-Exceed Sum.
1.5 PAYMENT OF COMPENSATION: Compensation shall be paid to CONSULTANT in monthly increments as the Work is completed. On or before the fifteenth of each calendar day of each month, CONSULTANT shall submit to CITY an approved Reimbursement Invoice and a monthly Activity Report indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-ofpocket expenses incurred. A sample Reimbursement Invoice is attached hereto and incorporated as Exhibit “C” and a sample Activity Report is attached hereto Exhibit “D.” If the amount of CONSULTANT’s monthly compensation is a function of hours worked by CONSULTANT’s
9 personnel, the invoice shall 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 shall notify CONSULTANT in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.6 ACCOUNTING RECORDS: CONSULTANT shall maintain complete and accurate records with respect to all matters covered under this Agreement for a period of five (5) years after the expiration or termination of this Agreement. CITY shall have the right to access and examine such records, without charge, during normal business hours. CITY shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.7 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 shall 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 shall only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.
1.8 PROGRAM EVALUATION AND REVIEW: CONSULTANT shall make available for inspection its performance, financial, and all other records pertaining to performance of this Agreement to authorized City personnel, and allow said City personnel to inspect and monitor its facilities and program operations, including the interview of CONSULTANT staff and program participants, as required by the City. CONSULTANT agrees to submit all data that are necessary to complete the Quarterly Performance Reports and monitor program accountability and progress in accordance with HUD requirements, in the format and at the time designated by the City Manager or his designee. This includes cumulative quarterly summary Activity Reports, due on or before the tenth calendar day of the following month (i.e., October 10, January 10, April 10, and July 10).
1.9 CHANGES IN GRANT ALLOCATION. CITY reserves the right to reduce the grant allocation when the CITY's fiscal monitoring indicates that the CONSULTANT’s rate of expenditure will result in unspent funds at the end of the program year. Changes in the grant allocation will be made after consultation with the CONSULTANT.
II.
PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVE: The CITY hereby designates the City Manager (hereinafter, the “CITY Representative”) to act as its representative for the performance of this Agreement. The CITY Representative or her designee shall act on behalf of the CITY for all purposes under this Agreement. CONSULTANT shall not accept directions or orders from any person other than the CITY Representative or her designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates __________ to act as its representative for the performance of this Agreement (hereinafter, “CONSULTANT Representative”). CONSULTANT Representative shall have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. CONSULTANT Representative or his designee shall supervise and direct the performance of the Work, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences
10 and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONSULTANT Representative shall 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 shall be available to CITY staff and the CITY Representative at all reasonable times. All work prepared by CONSULTANT shall be subject to inspection and approval by CITY Representative or her designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:
A. CONSULTANT shall perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession;
B. CONSULTANT shall perform all Work in a manner reasonably satisfactory to the CITY; C. CONSULTANT shall 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.); D. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; E. 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
F. 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 shall be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT shall 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 shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendar 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 shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of 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
11 Agreement. In recognition of this interest, CONSULTANT agrees that it shall not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of 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 shall be ineffective, null and void and shall constitute a material breach of this Agreement.
2.6 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT CONTRACTOR: The Work shall 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 duration 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 shall at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT shall pay all wages, salaries and other amounts due such personnel and shall assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.
2.7 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 shall be promptly removed by CONSULTANT and shall not be reassigned to perform any of the Work.
2.8 OUTSIDE EMPLOYMENT: In its written personnel policies, CONSULTANT shall include the following provisions governing outside employment of its employees:
A. Such employment shall not interfere with the efficient performance of the employee's duties in the program of this Agreement;
B. Such employment shall not involve a conflict of interest or an appearance of conflict with the employee's duties in the program of this Agreement;
C. Such employment shall not involve the performance of duties which the employee should perform as part of his employment in the program of this Agreement; and D. Such employment shall not occur during the employee's regular or assigned working hours in the program of this Agreement, unless, during the entire day on which such employment occurs, the employee is on vacation, compensatory leave or leave without pay.
CONSULTANT shall establish effective procedures to enforce these provisions and must provide specific procedures regarding outside employment of its full-time personnel whose duties are not readily confined to a standard workday or workweek. These personnel include, but are not limited to, Executive Directors, neighborhood workers, and other employees whose responsibilities may require them to be available for duty during evenings or on weekends.
12 2.9 NEPOTISM: CONSULTANT shall not hire nor permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by CONSULTANT. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-inlaw, mother-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisory or management responsibilities, including serving on the governing body of CONSULTANT.
2.10 COMPLIANCE WITH LAWS: CONSULTANT shall keep itself informed and comply with all applicable federal, state or local laws or directives to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws shall include, without limitation, compliance with the federal law provision in Section 2.9 below.
2.11 FEDERAL REQUIREMENTS: During the performance of this Contract, the Consultant agrees to comply with the following Federal provisions:
A. Executive Order 11246
i. During the performance of this Contract, CONSULTANT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. ii. CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Consultant setting forth the provisions of this nondiscrimination clause.
iii. CONSULTANT will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. iv. CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor.
v. CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24,1965, and by the rules regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records and accounts by the City and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. vi. In the event of the CONSULTANT’s noncompliance with the equal opportunity clauses of the Contract or with any of such rules, regulations or orders the Contract may be canceled, terminated or suspended in whole or in part and the CONSULTANT may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law.
13 vii. CONSULTANT will include the provisions of paragraph (i) through (vi) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the CITY may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided however, that in the event the CONSULTANT becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the CITY, the CONSULTANT may request the United States to enter into such litigation to protect the interest of the United States.
B. Civil Rights Act of 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
C. Section 109 of the Housing and Community Development Act of 1974. No person shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title.
D. Age Discrimination Act of 1975. Prohibition against discrimination on the basis of age.
E. Section 504 of the Rehabilitation Act of 1973. Prohibition against discrimination with respect to an otherwise qualified handicapped individual.
2.12 AFFIRMATIVE ACTION: The CONSULTANT shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment and career advancement opportunities for minorities and women. In addition, the Consultant shall make every effort to employ lower income residents of the project area and shall keep a record of the positions that have been created directly as a result of this project.
2.10. RESTRICTIONS ON LOBBYING: CONSULTANT shall comply with the restrictions on disclosure and lobbying contained in 31 U.S.C. §1352 and implementing regulations at 24 CFR Part 87 and shall execute the Certificate Regarding Lobbying, as attached hereto and incorporated herein by reference as Exhibit “E.”
2.11. CONFLICTS OF INTEREST:
A. In the procurement of supplies, equipment, and any subscontracting or subconsulting services, CONSULTANT shall comply with the conflict of interest rules in 2 CFR Part 200. CONSULTANT agrees and warrants that it will establish and adopt written standards of conduct governing conflicts of interest and the performance of its officers, employees, or agents engaged in the selection, award and administration of contracts supported by these federal funds and shall make such policies available to all employees.
B. At a minimum these safeguards must ensure that no employee, officer or agent participates in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated in 2 CFR §200.318, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.
The officers, employees, and agents of CONSULTANT cannot solicit or accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. These standards of
14 conduct must also provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of CONSULTANT. If CONSULTANT has a parent, affiliate, or subsidiary organization, CONSULTANT must also maintain written standards of conduct covering organizational conflicts of interest.
C. CONSULTANT will disclose in writing any potential conflict of interest to the City. By executing this Agreement, CONSULTANT covenants and certifies that none of its employees, officers, or agents described in these regulations have any interest in this Agreement or any other interest which would conflict in any manner with this Agreement or the performance of the this Agreement.
2.12. RELIGIOUS AND POLITICAL ACTIVITIES: CONSULTANT agrees that funds under this Agreement will be used exclusively for performance of the work required under this Agreement, and that no funds made available under this Agreement shall be used to promote religious or political activities. Further, CONSULTANT agrees that it will not perform, nor permit to be performed, any religious or political activities in connection with the performance of this Agreement.
2.13. MONITORING AND EVALUATION: The CITY will monitor, evaluate and provide guidance to the CONSULTANT in the performance of this Agreement. Authorized representatives of the CITY, Community Development Commission of Los Angeles County, and HUD shall have the right of access to all activities and facilities operated by the Consultant under this Agreement. Facilities include all files, records, and other documents related to the performance of this Agreement.
Activities include attendance at staff, board of directors, advisory committee and advisory board meetings, and observation of on-going program functions. The CONSULTANT will ensure the cooperation of its staff and board members in such efforts. The City Manager or his designee will conduct periodic program progress reviews. These reviews will focus on the extent to which planned program has been implemented, measurable goals, achieved effectiveness of program management, and impact of the program.
2.14. REPORTS AND RECORDS: CONSULTANT agrees to prepare and submit financial, program progress, monitoring, evaluation and other reports as required by CITY. CONSULTANT shall maintain, and permit on-site inspections of, such property, personnel, financial, and other records and accounts as are considered necessary by CITY to assure proper accounting for all Agreement funds. CONSULTANT will ensure that its employees and board members furnish such information, which, in the judgment of CITY representatives, may be relevant to a question of compliance with contractual conditions with CITY, or with the effectiveness, legality, and achievements of the program. CONSULTANT agrees to keep available and maintain these records during the Agreement period and thereafter for a period of five (5) years from when the pending matters are closed. The CONSULTANT shall submit monthly reports to the CITY specifying program income earned.
2.15. AUDITS: The CONSULTANT's program will be audited in accordance with the CITY's policy and funding source guidelines. Federal, State or local funding source agencies may also conduct audits. CONSULTANT agrees to the retention and access to any books, documents, papers, and records for audit examination, for five (5) years after the final payment and all other pending matters are closed (Los Angeles County Auditor-Controller Contract Accounting and Administration Handbook, Section 3.1). The CITY or its authorized representatives shall, at all times, have access, for the purpose of audit or inspection, to any and all books, documents, papers, records, property, and premises of the CONSULTANT. The CONSULTANT's staff will cooperate fully with authorized auditors when they conduct audits and examinations of the CONSULTANT's program. If indications of misappropriation or misapplication of the funds of this Agreement cause the CITY to require a special audit, the cost of the audit will be encumbered and deducted from this Agreementt's comensation limit. Should the CITY subsequently determine that the special audit was not warranted the encumbered amount would be restored to the Agreement’s budget.
15 2.16. INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and shall at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY. CONSULTANT shall 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 shall have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to 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 shall procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONSULTANT shall procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: CONSULTANT shall procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.
C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both 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 shall procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and shall be endorsed to include contractual liability.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance shall contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement shall be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance shall be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB
16 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 shall be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement shall 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.
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 well-being and, indirectly, the collective wellbeing of the residents of the CITY. Accordingly, CONSULTANT warrants, represents and agrees that its shall 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 shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the CITY if requested. All certificates of insurance and endorsements shall be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work or any of the Work. Upon CITY’s written request, CONSULTANT shall also provide CITY with certified copies of all required insurance policies and endorsements.
IV.
INDEMNIFICATION
4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “CITY Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. 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.
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 CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT’s failure to pay CITY promptly any indemnification arising under this Article and 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
17 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 here in 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 terminate this Agreement at any time for convenience and without cause by giving CONSULTANT a minimum of five (5) calendar days’ prior written notice of CITY’s intent to terminate this Agreement. Upon such termination for convenience, CONSULTANT shall 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 shall be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, shall operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation or 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), or to comply with any applicable state, federal, or local law an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under Sections 5.2B and 5.2C below or if
18 a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT shall 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 shall 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 shall 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 shall include, but shall 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 Services; (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 shall cure any Event of Default asserted by CONSULTANT within forty-five (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
1.4, above, shall be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
19 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 shall 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 shall operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
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 shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy shall 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 shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto shall not operate to terminate any Article, Section or provision contained herein which provides that it shall survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
20 6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data shall be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, 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 shall require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY shall be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor 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 shall not be disclosed by CONSULTANT without prior written consent by CITY. CITY shall grant such consent of disclosure as legally required. Upon request, all CITY data shall be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT shall 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 shall be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT:
Company Name
Address
City, State, Zip Code
Attn:
Phone:
Fax:
CITY:
City Manager
c/o City Clerk – Richard Iglesias City
Hall
5220 Santa Ana Street
Cudahy, California 90201
Phone: (323) 773-5143
Such notices shall be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT shall not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY.
21 Subcontracts (including without limitation subcontracts with subconsultants), if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements, indemnification and federal equal opportunity and nondiscrimination laws set forth in Section 2.9.
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 shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.
6.13 NO THIRD PARTY BENEFIT: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed in favor of, or against, either Party but shall be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.
22 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 shall control.
6.19 ENTIRE AGREEMENT: This Agreement including all attached exhibits is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and CONSULTANT prior to the execution of this Agreement. No statements, representations, or other agreements, whether oral or written, made by any Party, which are not embodied herein shall be valid or binding. No amendment, modification or supplement to this Agreement shall be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.16, above.
6.20 COUNTERPARTS: This Agreement shall be executed in three (3) original counterparts each of which shall be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterparts shall be valid or binding unless made to all three counterparts in conformity with Section 6.16, above. One fully executed original counterpart shall be delivered to CONSULTANT and the remaining two original counterparts shall be retained by CITY.
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, City Manger
CONSULTANT
By:
Name:
Title:
APPROVED AS TO FORM:
By:
Office of the City Attorney
23 EXHIBIT A
SCOPE OF SERVICES
24 EXHIBIT B
CONSULTANT’S COST PROPOSAL
25 EXHIBIT C
REIMBURSEMENT INVOICE SAMPLE
26 EXHIBIT D
ACTIVITY REPORT SAMPLE
27 EXHIBIT E
COUNTY LOBBYIST CERTIFICATION
28 EXHIBIT F
CERTIFICATES OF INSURANCE
Attachment B
1 2023
PROFESSIONAL SERVICES AGREEMENT
(Engagement: HUD Program and Funding Compliance Services) (Parties: City of Cudahy and Dapeer, Rosenblit, Litvak, LLP) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this 21st day of March 2023 (hereinafter, the “Effective Date”) by and between the CITY OF CUDAHY, a municipal corporation (hereinafter, “CITY”) and Dapeer, Rosenblit, Litvak, LLP (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.
WHEREAS, the City has entered into an agreement with the County of Los Angeles Community Development Commission (hereinafter, the “CDC”), to execute the City’s Community Development Block Grant (hereinafter, “CDBG”) Program administered by the Department of Housing and Urban Development (hereinafter, “HUD”), which includes funding for the City’s CDBG programs and a Code Enforcement program; and
WHEREAS, the CITY has determined it would be beneficial to use CDBG funds for professional prosecution services relating to the City’s CDBG funded Code Enforcement Program; and WHEREAS, CITY has determined the CONSULTANT possess the required experience, preparation, organization, staffing, and facilities necessary to provide the required prosecution services; WHEREAS, this Agreement was approved by the City Council at its Regular Meeting of March 21, 2023 under Agenda Item No. 14B.
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 SCOPE OF SERVICES: Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the following task and services as more particularly described the Project Description, which is attached and incorporated hereto as Exhibit “A” (hereinafter, the “Scope of Services”).
CONSULTANT further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Services. For the purposes of this Agreement, the aforementioned services and tasks set forth in the Scope of Services shall hereinafter be referred to generally by the capitalized term “Work.”
1.2 TERM: This Agreement shall have a term of five (5) years commencing from the Effective Date of this Agreement (“Initial Term”). CITY shall provide forty five (45) days’ written notice to CONSULTANT prior to the expiration of the Initial Term or any subsequent extension term of its intent not to renew the Agreement. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s Attachment C Page 100 of 131
2 ability to terminate this Agreement at any time for convenience or for cause as provided under Section 5 below.
1.3 PROSECUTION OF WORK: The Parties agree as follows:
A. Time is of the essence for this Agreement and each and every provision contained herein.
CONSULTANT shall not commence any Work contemplated under this Agreement until it receives a Notice to Proceed, or other equivalent written documentation from the City Representative as designated below in Section 2.1;
B. CONSULTANT shall not perform any Work unless specifically instructed by the City Representative. Upon receiving a request from the City Representative for services under this Agreement, CONSULTANT shall commence the requested Work as instructed.
C. CONSULTANT shall coordinate and cooperate with CITY on the prosecution of all Work contemplated under this Agreement and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents;
D. All information, data reports, records and maps as existing and in the possession of CITY and necessary for carrying out the work, shall be furnished to CONSULTANT without charge by CITY, and CITY shall cooperate in every reasonable way in the carrying out of the work without delay.
1.4 COMPENSATION:
A. CONSULTANT shall perform all Work in accordance with the hourly rates schedule provided in CONSULTANT’s “Cost Proposal,” which is attached and incorporated hereto as Exhibit “B.” CITY shall reimburse CONSULTANT for eligible costs incurred, based upon per activity costs as listed in Exhibit “A.”
B. Section 1.4(A) notwithstanding, CONSULTANT’s total compensation for the performance of all Work under this Agreement shall not exceed the total budgeted aggregate sum of FIFTY THOUSAND DOLLARS ($50,000) (hereinafter, the “Not-to-Exceed Sum”) per annum, unless such added expenditure is first approved by the CITY acting in consultation with the City Manager. In the event CONSULTANT’s charges are projected to exceed the Not-to-Exceed Sum prior to expiration of the Initial Term, or any approved extension thereof, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement. CITY shall be under no obligation to compensate CONSULTANT for sums in excess of such Not-to-Exceed Sum.
1.5 PAYMENT OF COMPENSATION: Compensation shall be paid to CONSULTANT in monthly increments as the Work is completed. On or before the fifteenth of each calendar day of each month, CONSULTANT shall submit to CITY an approved Reimbursement Invoice and a monthly Activity Report indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-ofpocket expenses incurred. A sample Reimbursement Invoice is attached hereto and incorporated as Exhibit “C” and a sample Activity Report is attached hereto Exhibit “D.” If the amount of CONSULTANT’s monthly compensation is a function of hours worked by CONSULTANT’s personnel, the invoice shall 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 shall notify CONSULTANT in writing of any disputed amounts included in the invoice. Within fortyfive (45) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
3 1.6 ACCOUNTING RECORDS: CONSULTANT shall maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY shall have the right to access and examine such records, without charge, during normal business hours. CITY shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.7 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 shall 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 shall only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.
1.8 PROGRAM EVALUATION AND REVIEW: CONSULTANT shall make available for inspection its performance, financial, and all other records pertaining to performance of this Agreement to authorized City personnel, and allow said City personnel to inspect and monitor its facilities and program operations, including the interview of CONSULTANT staff and program participants, as required by the City. CONSULTANT agrees to submit all data that are necessary to complete the Quarterly Performance Reports and monitor program accountability and progress in accordance with HUD requirements, in the format and at the time designated by the City Manager or his designee. This includes cumulative quarterly summary Activity Reports, due on or before the tenth calendar day of the following month (i.e., October 10, January 10, April 10, and July 10).
1.9 CHANGES IN GRANT ALLOCATION. CITY reserves the right to reduce the grant allocation when the CITY's fiscal monitoring indicates that the CONSULTANT’s rate of expenditure will result in unspent funds at the end of the program year. Changes in the grant allocation will be made after consultation with the CONSULTANT.
II.
PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVE: The CITY hereby designates the City Manager (hereinafter, the “CITY Representative”) to act as its representative for the performance of this Agreement. The CITY Representative or her designee shall act on behalf of the CITY for all purposes under this Agreement. CONSULTANT shall not accept directions or orders from any person other than the CITY Representative or her designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates William Litvak to act as its representative for the performance of this Agreement (hereinafter, “CONSULTANT Representative”). CONSULTANT Representative shall have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. CONSULTANT Representative or his designee shall supervise and direct the performance of the Work, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONSULTANT Representative shall 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 shall be available to CITY staff and the CITY Representative at all reasonable times. All work prepared by CONSULTANT shall be subject to inspection and approval by CITY Representative or her designees.
4 2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:
A. CONSULTANT shall perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession;
B. CONSULTANT shall perform all Work in a manner reasonably satisfactory to the CITY; C. CONSULTANT shall 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.); D. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; E. 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
F. 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 shall be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT shall 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 shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendar 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 shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of 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 shall 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 shall be ineffective, null and void and shall constitute a material breach of this Agreement.
2.6 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT CONTRACTOR: The Work shall 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 duration of this Agreement, provided such work does not unduly interfere with
5 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 shall at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT shall pay all wages, salaries and other amounts due such personnel and shall assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.
2.7 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 shall be promptly removed by CONSULTANT and shall not be reassigned to perform any of the Work.
2.8 OUTSIDE EMPLOYMENT: In its written personnel policies, CONSULTANT shall include the following provisions governing outside employment of its employees:
A. Such employment shall not interfere with the efficient performance of the employee's duties in the program of this Agreement;
B. Such employment shall not involve a conflict of interest or an appearance of conflict with the employee's duties in the program of this Agreement;
C. Such employment shall not involve the performance of duties which the employee should perform as part of his employment in the program of this Agreement; and D. Such employment shall not occur during the employee's regular or assigned working hours in the program of this Agreement, unless, during the entire day on which such employment occurs, the employee is on vacation, compensatory leave or leave without pay.
CONSULTANT shall establish effective procedures to enforce these provisions and must provide specific procedures regarding outside employment of its full-time personnel whose duties are not readily confined to a standard workday or workweek. These personnel include, but are not limited to, Executive Directors, neighborhood workers, and other employees whose responsibilities may require them to be available for duty during evenings or on weekends.
2.9 NEPOTISM: CONSULTANT shall not hire nor permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by CONSULTANT. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-inlaw, mother-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisory or management responsibilities, including serving on the governing body of CONSULTANT.
2.10 COMPLIANCE WITH LAWS: CONSULTANT shall keep itself informed and comply with all applicable federal, state or local laws or directives to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws shall include, without limitation, compliance with the federal law provision in Section 2.9 below.
6 2.11 FEDERAL REQUIREMENTS: During the performance of this Contract, the Consultant agrees to comply with the following Federal provisions:
A. Executive Order 11246
i. During the performance of this Contract, CONSULTANT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. ii. CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Consultant setting forth the provisions of this nondiscrimination clause.
iii. CONSULTANT will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. iv. CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. v. CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24,1965, and by the rules regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records and accounts by the City and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.
vi. In the event of the CONSULTANT’s noncompliance with the equal opportunity clauses of the Contract or with any of such rules, regulations or orders the Contract may be canceled, terminated or suspended in whole or in part and the CONSULTANT may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law.
vii. CONSULTANT will include the provisions of paragraph (i) through (vi) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the CITY may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided however, that in the event the CONSULTANT becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the CITY, the CONSULTANT may request the United States to enter into such litigation to protect the interest of the United States.
B. Civil Rights Act of 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, national origin, be excluded from participation in, be denied the
7 benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
C. Section 109 of the Housing and Community Development Act of 1974. No person shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title.
D. Age Discrimination Act of 1975. Prohibition against discrimination on the basis of age.
E. Section 504 of the Rehabilitation Act of 1973. Prohibition against discrimination with respect to an otherwise qualified handicapped individual.
2.12 AFFIRMATIVE ACTION: The CONSULTANT shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment and career advancement opportunities for minorities and women. In addition, the Consultant shall make every effort to employ lower income residents of the project area and shall keep a record of the positions that have been created directly as a result of this project.
2.10. RESTRICTIONS ON LOBBYING: CONSULTANT shall comply with the restrictions on disclosure and lobbying contained in 31 U.S.C. §1352 and implementing regulations at 24 CFR Part 87 and shall execute the Certificate Regarding Lobbying, as attached hereto and incorporated herein by reference as Exhibit “E.”
2.11. CONFLICTS OF INTEREST:
A. In the procurement of supplies, equipment, and any subscontracting or subconsulting services, CONSULTANT shall comply with the conflict of interest rules in 2 CFR Part 200. CONSULTANT agrees and warrants that it will establish and adopt written standards of conduct governing conflicts of interest and the performance of its officers, employees, or agents engaged in the selection, award and administration of contracts supported by these federal funds and shall make such policies available to all employees.
B. At a minimum these safeguards must ensure that no employee, officer or agent participates in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated in 2 CFR §200.318, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.
The officers, employees, and agents of CONSULTANT cannot solicit or accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. These standards of conduct must also provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of CONSULTANT. If CONSULTANT has a parent, affiliate, or subsidiary organization, CONSULTANT must also maintain written standards of conduct covering organizational conflicts of interest.
C. CONSULTANT will disclose in writing any potential conflict of interest to the City. By executing this Agreement, CONSULTANT covenants and certifies that none of its employees, officers, or agents described in these regulations have any interest in this Agreement or any other interest which would conflict in any manner with this Agreement or the performance of the this Agreement.
2.12. RELIGIOUS AND POLITICAL ACTIVITIES: CONSULTANT agrees that funds under this Agreement will be used exclusively for performance of the work required under this Agreement, and that no funds made available under this Agreement shall be used to promote religious or political activities. Further,
8 CONSULTANT agrees that it will not perform, nor permit to be performed, any religious or political activities in connection with the performance of this Agreement.
2.13. MONITORING AND EVALUATION: The CITY will monitor, evaluate and provide guidance to the CONSULTANT in the performance of this Agreement. Authorized representatives of the CITY, Community Development Commission of Los Angeles County, and HUD shall have the right of access to all activities and facilities operated by the Consultant under this Agreement. Facilities include all files, records, and other documents related to the performance of this Agreement.
Activities include attendance at staff, board of directors, advisory committee and advisory board meetings, and observation of on-going program functions. The CONSULTANT will insure the cooperation of its staff and board members in such efforts. The City Manager or his designee will conduct periodic program progress reviews. These reviews will focus on the extent to which planned program has been implemented, measurable goals, achieved effectiveness of program management, and impact of the program.
2.14. REPORTS AND RECORDS: CONSULTANT agrees to prepare and submit financial, program progress, monitoring, evaluation and other reports as required by CITY. CONSULTANT shall maintain, and permit on-site inspections of, such property, personnel, financial, and other records and accounts as are considered necessary by CITY to assure proper accounting for all Agreement funds. CONSULTANT will ensure that its employees and board members furnish such information, which, in the judgment of CITY representatives, may be relevant to a question of compliance with contractual conditions with CITY, or with the effectiveness, legality, and achievements of the program. CONSULTANT agrees to keep available and maintain these records during the Agreement period and thereafter for a period of five (5) years from when the pending matters are closed. The CONSULTANT shall submit monthly reports to the CITY specifying program income earned.
2.15. AUDITS: The CONSULTANT's program will be audited in accordance with the CITY's policy and funding source guidelines. Federal, State or local funding source agencies may also conduct audits.
CONSULTANT agrees to the retention and access to any books, documents, papers, and records for audit examination, for five (5) years after the final payment and all other pending matters are closed (Los Angeles County Auditor-Controller Contract Accounting and Administration Handbook, Section 3.1). The CITY or its authorized representatives shall, at all times, have access, for the purpose of audit or inspection, to any and all books, documents, papers, records, property, and premises of the CONSULTANT. The CONSULTANT's staff will cooperate fully with authorized auditors when they conduct audits and examinations of the CONSULTANT's program. If indications of misappropriation or misapplication of the funds of this Agreement cause the CITY to require a special audit, the cost of the audit will be encumbered and deducted from this Agreementt's comensation limit. Should the CITY subsequently determine that the special audit was not warranted the encumbered amount would be restored to the Agreement’s budget.
2.16. INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and shall at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY. CONSULTANT shall 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 shall have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to 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 shall procure and maintain the following insurance coverage, at its own expense:
9 A. Commercial General Liability Insurance: CONSULTANT shall procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: CONSULTANT shall procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.
C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both 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 shall procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and shall be endorsed to include contractual liability.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance shall contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement shall be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance shall be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition 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 shall be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement shall 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.
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 well-being and, indirectly, the collective well-being of the residents of the CITY. Accordingly, CONSULTANT warrants, represents and agrees that its shall furnish CITY with original certificates of insurance and endorsements evidencing the coverage
10 required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the CITY if requested. All certificates of insurance and endorsements shall be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work or any of the Work. Upon CITY’s written request, CONSULTANT shall also provide CITY with certified copies of all required insurance policies and endorsements.
IV.
INDEMNIFICATION
4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “CITY Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. 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.
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 CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT’s failure to pay CITY promptly any indemnification arising under this Article and 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 here in 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,
11 defend and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may terminate this Agreement at any time for convenience and without cause by giving CONSULTANT a minimum of five (5) calendar days’ prior written notice of CITY’s intent to terminate this Agreement. Upon such termination for convenience, CONSULTANT shall 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 shall be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section
5.2, below, shall operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation or 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), or to comply with any applicable state, federal, or local law an event of default (hereinafter, “Event of Default”) shall occur.
For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under Sections 5.2B 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 shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT shall 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 shall 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 shall be under no obligation to grant additional time for the cure of an Event of Default under this Section
12 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 shall include, but shall 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 Services; (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 shall cure any Event of Default asserted by CONSULTANT within forty-five (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 1.4, above, shall 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 shall 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 shall operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
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;
13 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 shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy shall 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 shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto shall not operate to terminate any Article, Section or provision contained herein which provides that it shall survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data shall be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, 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 shall require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY shall be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor 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 shall not be disclosed by CONSULTANT without prior written consent by CITY. CITY shall grant such consent of disclosure as legally required. Upon request, all CITY data shall be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT shall 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.
14 6.4 NOTICES: All notices permitted or required under this Agreement shall be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT: CITY:
Company Name
Address
City, State, Zip Code
Attn:
Phone:
Fax:
Alfonso Noyola
c/o City Clerk – Richard Iglesias
City Hall
5220 Santa Ana Street
Cudahy, California 90201
Phone: (323) 773-5143
Such notices shall be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT shall 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, shall contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements, indemnification and federal equal opportunity and nondiscrimination laws set forth in Section 2.9.
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 shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party
15 in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.
6.13 NO THIRD PARTY BENEFIT: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed in favor of, or against, either Party but shall be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 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 shall control.
6.19 ENTIRE AGREEMENT: This Agreement including all attached exhibits is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and CONSULTANT prior to the execution of this Agreement. No statements, representations, or other agreements, whether oral or written, made by any Party, which are not embodied herein shall be valid or binding. No amendment, modification or supplement to this Agreement shall be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.16, above.
6.20 COUNTERPARTS: This Agreement shall be executed in three (3) original counterparts each of which shall be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterparts shall be valid or binding unless made to all three counterparts in conformity with Section 6.16, above. One fully executed original counterpart shall be delivered to CONSULTANT and the remaining two original counterparts shall be retained by CITY.
16 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, City Manger
CONSULTANT
By:
Name:
Title:
APPROVED AS TO FORM:
By:
Office of the City Attorney
17 EXHIBIT A
SCOPE OF SERVICES
18 EXHIBIT B
CONSULTANT’S COST PROPOSAL
19 EXHIBIT C
REIMBURSEMENT INVOICE SAMPLE
20 EXHIBIT D
ACTIVITY REPORT SAMPLE
21 EXHIBIT E
COUNTY LOBBYIST CERTIFICATION
22 EXHIBIT F
CERTIFICATES OF INSURANCE
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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
3/21/2023 Page 1 of 3
STAFF REPORT
Date: March 21, 2023
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Andres Rangel, Management Analyst
Subject: Consideration to adopt a Resolution to Authorize the City Manager to Execute the Purchase of a City Vehicle
RECOMMENDATION
The City Council is requested to adopt Resolution No. 23-15 authorize the City Manager to purchase a Public Works vehicle, for a not to exceed amount of $63,239.80.
BACKGROUND AND ANALYSIS
The Public Works Department identified the acquisition of maintenance equipment (Public Works Equipment Acquisition) as part of the City’s recently approved Capital Improvement Plan (CIP). Specifically, the Plan identified the project as a goal to be implemented in FY 22-23.
Moreover, the City allocated SB2 funds and General funds for the acquisition of public works vehicles and equipment. $542,627 was allocated from SB2 funds, and $45,000 was allocated from general funds.
On November 2022, the City purchased a stencil truck and two city vehicles using SB2 funds.
This increased maintenance staff effectivity and capacity to perform traffic striping work and other related street markings and legends on City roads as well as provide proper transportation amongst public works staff.
Now the City is requesting to purchase a separate vehicle using the $45,000 that was allocated for the purchase of a vehicle in the FY 22-23 city budget. Additional funding has been identified through excess funds from other general funds activities in the public works department budget to purchase a 2023 Chevrolet Silverado 2500HD. As before, the purchase of this vehicle is essential to allow public works staff to conduct routine work in an effective and efficient manner.
Item Number
14C
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
3/21/2023 Page 2 of 3
3.16.140 Alternative Procurement Procedure
On October 4, 2022, the City Council adopted by second reading Ordinance No. 726, amending chapter 3 of the Cudahy Municipal Code as follows:
Chapter 3.16.140. Alternative Procurement Procedure.
Any procurement of supplies, materials, equipment or general services, is exempt from the requirements of CMG 3. 16. 120 and 3. 16. 130, if the city council finds, by resolution adopted by not less than four-fifths of its members, that such procurement may be more economically and efficiently effected through the use of an alternate transactional process or alternate procurement procedure. This exception may not be applied to public projects which are subject to mandatory competitive bidding under applicable state law or any mandated informal bidding authorized under the Uniform Public Construction Cost Accounting Act." Per Chapter 3.16. 140, the City Council allows the purchase of equipment and general services, through 4/5 vote, if it is more economical and/or efficient.
In this case, the City requests the Council to adopt Resolution No. 23-15 to allow the purchase of this vehicle by bypassing the formal procurement system for the following reasons:
• Vehicle stock is still low and difficult to purchase an in-stock vehicle within the timeline dealerships request.
• If a purchase is made through a formal request for proposals or cooperative purchasing agreement, the vehicle would be manufactured. Lead team may exceed eight months.
The complete process may take as much as 11 months.
• The vehicle is a current high need priority and therefore is most efficient to purchase a vehicle from a dealership.
CONCLUSION
In order to address inadequate equipment in the Public Works Department and address a project identified in the recently approved CIP Plan, city staff recommends the City Council to adopt Resolution No. 23-XX and allowing the purchase of a public works vehicle.
STRATEGIC PLAN CORRELATION
Goal E (City Infrastructure and Service Delivery)
Objective:
1. Complete the Capital Improvement Plan, which anticipates the capital needs of Cudahy over a five-year period.
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
3/21/2023 Page 3 of 3
FINANCIAL IMPACT
If approved, the vehicle would cost $63,239. The purchase of this vehicle was appropriated in the FY 22-23 City Budget.
ATTACHMENTS
A. Camino Real Chevrolet 2023 Chevrolet Silverado 2500 HD Quote B. Resolution No. 23-15
C. Ordinance No. 726
Camino Real Chevrolet
2401 S Atlantic Blvd
Monterey Park
CA, 91754
caminorealchevy.com
Deal #
176104
Hicidro Campa
Contact Sales: (323) 406-9104
[email protected]
CITY OF CUDAHY
[email protected]
5220 Santa Ana Street, Cudahy, CA 90201
2023 Chevrolet Silverado 2500HD
Work Truck
VIN : 1GB2WLE79PF219176 | Stock # : PF219176
Mileage : 7 mi
Color : SUMMIT WHITE
Cash
$0.00
Customer Cash
Payment Detail
Selling Price $57,096.00
Accessories $0.00
Taxes (10.25%) $5,861.05
Fees $282.75
Amount Financed $63,239.80
HC
$63,239.80
© Tekion Corp 2023 Wed Mar 15, 2023 | 1:54 PM
Customer Signature & Date
X
HICIDRO CAMPA | Manager Signature & Date
X
Payments offered here are all subject to final credit approval from the lending institution. Vehicle Price does not include accessories and is before Taxes and/or applicable fees. Leases in some cases require additional cash for Security Deposit, and at Lease's End, Lessee is responsible for $0.25 per Mile over 12000 Miles per year and a Disposition Fee of $495.00. Wear and tear guidelines apply. All prices, specifications, and availability subject to change without notice.
Attachment A Page 126 of 131
ORDINANCE NO. 726
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CUDAHY ADDING SECTION 3.16.140 (ALTERNATE
PROCUREMENT PROCEDURE) OF CHAPTER 3.16
(PURCHASING SYSTEM) OF TITLE 3 (REVENUE AND
FINANCE) OF THE CUDAHY MUNICIPAL CODE
WHEREAS, pursuant to Government Code section 54201 through 54203, a city must adopt, by ordinance, policies, and procedures, including bidding regulations, governing purchases of supplies and equipment by the city; and WHEREAS, on June 22, 2015, the City of Cudahy City Council ("City Council") adopted Ordinance No. 649 establishing Chapter 3.16 (Purchase and Sale of Services, Supplies, and Equipment) of Title 3 (Revenue and Finance) of the Cudahy Municipal Code;and
WHEREAS, on August 14, 2017, the City Council adopted Ordinance No. 672, amending Chapter 3.16 (Purchasing System) to clarify the City's ability to make cooperative purchases of services and items; and
WHEREAS, the City Council wishes to further amend Chapter 3.16 (Purchasing System) to establish an alternate procurement procedure to expedite the purchases of specified supplies, material, equipment, or general services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUDAHY DOES ORDAIN AS FOLLOWS:
Section 1. The facts set forth in the recitals above are true and correct.
Section 2. Section 3.16.140 (Alternate Procurement Procedure) of Chapter 3.16 (Purchasing System) of Title 3 (Revenue and Finance) shall be added to the Cudahy Municipal Code and shall read as follows:
"3. 16. 140 Alternate Procurement Procedure.
Any procurement of supplies, materials, equipment or general services, is exempt from the requirements of CMG 3. 16. 120 and 3. 16. 130, if the city council finds, by resolution adopted by not Jess than four-fifths ( ½) of its members, that such procurement may be more economically and efficiently effected through the use of an alternate transactional process or alternate procurement procedure.
This exception may not be applied to public projects which are subject to mandatory competitive bidding under applicable state Jaw or any mandated informal bidding authorized under the Uniform Public Construction Cost Accounting Act."
Attachment B Page 127 of 131
Ordinance No. 726
Section 3. CEQA. This Ordinance is not subject to CEQA under the general rule set forth in Section 15601 (b)(3) of the CEQA Guidelines that CEQA only applies to projects which have the potential for causing a significant effect on the environment.
Section 4. Inconsistent Provisions. Any provision of the Cudahy Municipal Code, or appendices thereto, that conflicts with the provisions of this Ordinance, to the extent of such conflict and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.
Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.
Section 6. Construction. This Ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. To the extent the provisions of the Cudahy Municipal Code, as amended by this Ordinance, are substantially the same as the provisions of that Code as it read prior to the adoption of this Ordinance, those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.
Section 7. Publication and Effective Date. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption.
This Ordinance shall become effective thirty (30) days after adoption.
PASSED, APPROVED and ADOPTED by the City Council of the City of Cudahy this 4th day of October 2022.
ElizabethAlantar
Mayor
ATTEST:
Ordinance No. 726
STATE OF CALIFORNIA )
CERTIFICATION
COUNTY OF LOS ANGELES ) SS:
CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Ordinance No. 726 was introduced for a first reading on the 20th day of September 2022 and approved for a second reading and adopted by said Council at its regular meeting held on the 4
th day of October 2022 by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Lozoya, Gonzalez, Lomeli, and Alcantar
None
None
Guerrero
Ric ard Iglesias
City Clerk
RESOLUTION NO. 23-15
A RESOLUTION OF THE CITY OF CUDAHY
CALIFORNIA, APPROVING THE PURCHASE OF A
PUBLIC WORKS CITY VEHICLE IN ACCORDANCE TO
SECTION 3.16.140 OF THE CUDAHY MUNICIPAL CODE
(ALTERNATE PROCUREMENT PROCEDURE)
WHEREAS, pursuant to Government Code section 54201 through 54203, a city must adopt, by ordinance, policies, and procedures, including bidding regulations, governing purchases of supplies and equipment by the city; and.
WHEREAS, on June 22, 2015, the City of Cudahy City Council ("City Council") adopted Ordinance No. 649 establishing Chapter 3.16 (Purchase and Sale of Services, Supplies, and Equipment) of Title 3 (Revenue and Finance) of the Cudahy Municipal Code;and WHEREAS, on October 4, 2022, the City of City Council adopted Ordinance No. 726, adding chapter 3.16.140, allowing the procurement of supplies, materials, equipment, or general services, to be exempted from the requirements of CMC 3.16.120 and 3.16.130, if the city council finds, by resolution adopted by not less than fou-fifths (4/5) of its members, that such procurement may be most economically and efficiently effected through the use of an alternate transactional process or alternate procurement procedure.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cudahy, California, as follows:
SECTION 1. The City Council hereby approves by fourth fifths vote the purchase of a Public Works vehicle, in accordance with Section 3.16.140 of the Cudahy Municipal Code (Alternate Procurement Procedure)
SECTION 2. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this 21st day of March 2023.
Attachment C Page 130 of 131
Resolution No. 23-15
Daisy Lomelí
Mayor
ATTEST:
Richard Iglesias, CMC
City Clerk
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. 23-15 was passed and adopted by the City Council of the City of Cudahy at a regular meeting held on the 21st day of March, 2023 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed the Seal of the City of Cudahy, this 21 day of March, 2023.
_______________________________________
Richard Iglesias, CMC
City Clerk