Cudahy City Council
May 16, 2023

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, May 16, 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: 860 4044 3311
https://us06web.zoom.us/j/86040443311

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
May 16, 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 Los Angeles County Health Department and The Los Angeles County Department of Economic Opportunity
B. Proclamation - Kids to Parks Day

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 they wish 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 they wish 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
May 16, 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

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. Informational Item – ARPA Utilization Plan Monthly Report (April 2023) (page 7) 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 April 2023.

B. Approval of the Local Agency Investment Fund (LAIF) for the Month of April 2023 (page 11) Presented by the Finance Director

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
May 16, 2023, at 6:30 P.M.

Recommendation: The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of April 2023 in the amount of $11,396,515.06.

C. Approval of the City Demands and Payroll Including Statement of Investment for the Month of April 2023 (page 15)
Presented by the Finance Director
Recommendation: The City Council is requested to approve the Demands and Payroll in the amount of $1,257,126.86 including the Statement of Investments for the month of April 2023.

D. Consideration to Review and Approve the Draft Minutes of May 2, 2023, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission (page 29) Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for May 2, 2023.

13. PUBLIC HEARING – NONE

14. BUSINESS SESSION
A. Approval of Professional Services Agreement for Security Guard Services (page 39) Presented by the Public Works Director
Recommendation: The City Council is requested to award a Professional Services Agreement (PSA) to City Security & Patrol, Inc. for security guard services in the amount not-to-exceed $60,000, annually.

B. Approval of a Professional Services Agreement (PSA) with West Coast Arborist for Tree Maintenance Services (page 187)
Presented by the Administrative Analyst
Recommendation: The City Council is requested to award a Professional Services Agreement (PSA) with West Coast Arborists for tree maintenance services in the amount not-to-exceed $60,000, annually.

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
May 16, 2023, at 6:30 P.M.

C. Adoption of a Proposed Resolution No. 23-18, Establishing a Permanent Overnight Parking Program (page 209)
Presented by the Community Development Director
Recommendation: The City Council is requested to review and approve proposed Resolution No. 23-18, establishing a permanent overnight parking program.

D. Discussion and Direction Regarding Rent Stabilization and Tenant Protect Ordinances (page 213) Presented by the City Attorney
Recommendation: Staff recommends the City Council review, discuss, and provide feedback on Ordinance No. 736 regarding adoption of rent stabilization in the City of Cudahy and Ordinance No. 737 regarding the adoption of tenant protections for City of Cudahy tenants.

15. COUNCIL DISCUSSION
A. Council Member C. Gonzalez
i. Discussion and possible direction on regarding Domestic violence prevention month in October
B. Discussion and possible direction on the Best Buy youth tech center grant application

16. CLOSED SESSION
A. Closed Session Pursuant to Government Code Section 54956.9(e)(1) – Conference with Legal Counsel to Discuss Matter Involving Potential Litigation – One Matter

17. CLOSED SESSION ANNOUNCEMENT

18. ADJOURNMENT

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
May 16, 2023, at 6:30 P.M.

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 11th day of May 2023
Richard Iglesias
City Clerk

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
05/16/2023 Page 1 of 2

STAFF REPORT
Date: May 16, 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 (April 2023)

RECOMMENDATION
The City Council is requested to receive and file the ARPA Utilization Plan Monthly Report for the month of April 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
12A

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
05/16/2023 Page 2 of 2

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

As of April 2023, the City has expended $3,743,057 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 – April 2023

City of Cudahy
American Rescue Plan Act (ARPA) - Utilization Plan
State and Local Fiscal Recovery Funds (SLFRF)
Status Financial Report - April 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 $ 121,288.97 In-Progress City Facilities Condition Assessment, $ 175,000.00 $ 862.00 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 $ 3,743,057.34
**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 9 of 283
Blank Page

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
05/16/2023 Page 1 of 2

STAFF REPORT
Date: May 16, 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 April 2023

RECOMMENDATION
The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of April 2023 in the amount of $11,396,515.06.

BACKGROUND

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

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

3. On April 1, 2023, the balance in LAIF was $11,320,218.61 (See Attachment).

4. In April 2023, $76,296.45 in interest was received for the quarter ended March 31, 2023.

5. On April 30, 2023, the balance in LAIF was $11,396,515.06 (See Attachment).

ANALYSIS
Item Number
12B

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
05/16/2023 Page 2 of 2

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 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 April 01, 2023 $11,320,218.61
LAIF Interest earned 76,296.45
Transfer from City operating account 0
Transfer to City operating account 0
Ending Balance as of April 30, 2023 $11,396,515.06
Attachment A Page 13 of 283
Blank Page

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
05/16/2023 Page 1 of 2

STAFF REPORT
Date: May 16, 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 April 2023

RECOMMENDATION
The City Council is requested to approve the Demands and Payroll in the amount of $1,257,126.86 including the Statement of Investments for the month of April 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:

A/P Demands $856,255.61
Payroll 400,871.25
Total: $1,257,126.86
Attachment A
Attachment B
Item Number
12C

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
05/16/2023 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 F. Credit Card Payment Detail

5/2/2023 11:05:50 AM Page 1 of 5
My Check Report
City of Cudahy, CA By Check Number
Date Range: 04/01/2023 - 04/30/2023
Vendor Number Vendor Name Payment Date Discount Amount Payment Type Payment Amount Number Bank Code: WF Checking-WF Checking
10789 Studio Spectrum, Inc. 04/04/2023 Regular 0.00 184,631.60 54207 5765 ORANGELINE DEVELOPMENT AUTHORITY 04/06/2023 Regular 0.00 9,884.97 54208 10499 BOXING 4 KIDS LA 04/12/2023 Regular 0.00 1,370.00 54209 2378-3 8330 ATLANTIC AVE INC 04/12/2023 Regular 0.00 1,079.89 54210 0001 AAA BURGLAR ALARM CO, 04/12/2023 Regular 0.00 804.00 54211 10603 ADVANCED IMAGING SOLUTIONS 04/12/2023 Regular 0.00 645.48 54212 10640 AMAZON CAPITAL SERVICES, INC. 04/12/2023 Regular 0.00 541.06 54213 10595 ARAMSCO INC 04/12/2023 Regular 0.00 1,785.52 54214 0057-4 AT & T 04/12/2023 Regular 0.00 123.32 54215
8021 AT & T MOBILITY 04/12/2023 Regular 0.00 739.99 54216 10133 AVANT-GARDE, INC. 04/12/2023 Regular 0.00 518.75 54217 10791 Christopher Copeland 04/12/2023 Regular 0.00 1,530.00 54218 10711 CLEARNETWORK, INC. 04/12/2023 Regular 0.00 395.84 54219 9998 DOWNEY SIGN & LIGHTING 04/12/2023 Regular 0.00 11,565.28 54220 10485 ENTERPRISE FM TRUST 04/12/2023 Regular 0.00 5,018.83 54221 6087 FIRST AMERICAN DATA TREE 04/12/2023 Regular 0.00 99.00 54222 10792 Gabriel Garcia 04/12/2023 Regular 0.00 319.52 54223 10792 Gabriel Garcia 04/12/2023 Regular 0.00 -319.52 54223 0126-1 GOLDEN STATE WATER COMPANY 04/12/2023 Regular 0.00 808.18 54224 10053 HAULAWAY STORAGE CONTAINERS 04/12/2023 Regular 0.00 74.20 54225 2139-2 HDL COREN & CONE 04/12/2023 Regular 0.00 3,058.72 54226 2724 HOME DEPOT CREDIT SERVICES 04/12/2023 Regular 0.00 1,140.40 54227 10790 Irma G. Ortiz 04/12/2023 Regular 0.00 240.00 54228 9723 IT SYSTEM HOUSE, LLC 04/12/2023 Regular 0.00 3,200.00 54229 10394 KEENAN ASSOCIATES 04/12/2023 Regular 0.00 386.00 54230 10598 LEAF 04/12/2023 Regular 0.00 58.23 54231
10655 LUIS AGUILAR 04/12/2023 Regular 0.00 121.00 54232 5072 MARIA SATIAGO VICTOR 04/12/2023 Regular 0.00 319.52 54233 10754 ODP BUSINESS SOLUTIONS, LLC 04/12/2023 Regular 0.00 448.54 54234 10436 ONTARIO REFRIGERATION 04/12/2023 Regular 0.00 3,153.43 54235 9717 PCAM, LLC 04/12/2023 Regular 0.00 19,082.67 54236
10081-2 QUADIENT FINANCE USA, INC. 04/12/2023 Regular 0.00 400.00 54237 10414 REGISTRAR-RECORDER COUNTY CLERK 04/12/2023 Regular 0.00 29,301.13 54238 2802 SAM'S CLUB 04/12/2023 Regular 0.00 188.32 54239
0070 SOUTHERN CALIFORNIA EDISON 04/12/2023 Regular 0.00 734.79 54240 0070 SOUTHERN CALIFORNIA EDISON 04/12/2023 Regular 0.00 18,924.46 54241 0070 SOUTHERN CALIFORNIA EDISON 04/12/2023 Regular 0.00 4,580.57 54242 5647 STAPLES BUSINESS ADVANTAGE 04/12/2023 Regular 0.00 395.57 54243 10643 STATE COMPENSATION INS FUND 04/12/2023 Regular 0.00 15,995.16 54244 0491 STATE CONTROLLER'S OFFICE DEPARTMENT AC 04/12/2023 Regular 0.00 3,185.75 54245 8363 TIME WARNER CABLE 04/12/2023 Regular 0.00 227.97 54246 8363 TIME WARNER CABLE 04/12/2023 Regular 0.00 227.97 54247 8066 TYLER TECHNOLOGIES INC. 04/12/2023 Regular 0.00 4,050.00 54248 2859 UNDERGROUND SERVICE ALERT-SC SOUTHERN 04/12/2023 Regular 0.00 62.50 54249 10793 Water Education for Latino Leaders 04/12/2023 Regular 0.00 175.00 54250 5631 WELLS LOCK & KEY 04/12/2023 Regular 0.00 574.00 54251 2208 WEST COAST ARBORISTS, INC. 04/12/2023 Regular 0.00 1,357.80 54252 9951 WILLDAN 04/12/2023 Regular 0.00 17,805.00 54253
10735 YUNEX, LLC. 04/12/2023 Regular 0.00 2,121.14 54254 2378-3 8330 ATLANTIC AVE INC 04/27/2023 Regular 0.00 345.58 54255 1778 ALL CITY MANAGEMENT 04/27/2023 Regular 0.00 6,045.90 54256 9704 ALL VALLEY HONEY AND BEE 04/27/2023 Regular 0.00 525.00 54257 10640 AMAZON CAPITAL SERVICES, INC. 04/27/2023 Regular 0.00 1,182.17 54258 7995 AMERICAN CITY PEST & TERMITE 04/27/2023 Regular 0.00 457.00 54259 Attachment A Page 17 of 283
My Check Report Date Range: 04/01/2023 - 04/30/2023
5/2/2023 11:05:50 AM Page 2 of 5
Vendor Number Vendor Name Payment Date Discount Amount Payment Type Payment Amount Number 9966 AT & T LONG DISTANCE SERVICE 04/27/2023 Regular 0.00 44.79 54260 10714 CARPENTER ROTHANS & DUPONT LLP 04/27/2023 Regular 0.00 342.23 54261 0136 CITY OF SOUTH GATE 04/27/2023 Regular 0.00 75.00 54262 10800 Community Family Guidance Center 04/27/2023 Regular 0.00 3,000.00 54263 2289 CONSOLIDATED DISPOSAL 04/27/2023 Regular 0.00 69,622.33 54264 0186 COUNTY OF LOS ANGELES DEPT OF ANIMAL CA 04/27/2023 Regular 0.00 8,859.97 54265 5552 CUDAHY AUTO CENTER 04/27/2023 Regular 0.00 298.42 54266 10723 DIONICIO SALAZAR 04/27/2023 Regular 0.00 850.00 54267 10734 DIVISION OF THE STATE Architect 04/27/2023 Regular 0.00 15.60 54268 10692 DS TECHNICIAN, INC. 04/27/2023 Regular 0.00 2,317.87 54269 10744 EDDIE C. TORRES JR. 04/27/2023 Regular 0.00 320.00 54270 10485 ENTERPRISE FM TRUST 04/27/2023 Regular 0.00 5,018.83 54271 10792 Gabriel Garcia 04/27/2023 Regular 0.00 259.10 54272 2724 HOME DEPOT CREDIT SERVICES 04/27/2023 Regular 0.00 1,687.52 54273 10799 Jason Hernandez 04/27/2023 Regular 0.00 40.00 54274 10797 Juana Aleman 04/27/2023 Regular 0.00 50.00 54275
10798 Justin Moreno 04/27/2023 Regular 0.00 335.75 54276 10394 KEENAN ASSOCIATES 04/27/2023 Regular 0.00 891.00 54277 5904 LEAD TECH ENVIRONMENTAL 04/27/2023 Regular 0.00 731.00 54278 10721 LOOMIS 04/27/2023 Regular 0.00 271.93 54279
7014 NATIONWIDE ENVIRONMENTAL SERVICES 04/27/2023 Regular 0.00 9,420.30 54280 10201-1 OLIVAREZ MADRUGA LAW ORGANIZATION, LLP 04/27/2023 Regular 0.00 57,806.14 54281 10436 ONTARIO REFRIGERATION 04/27/2023 Regular 0.00 2,000.00 54282 0095 PETTY CASH 04/27/2023 Regular 0.00 387.70 54283
4502 PYRO SPECTACULARS, INC. 04/27/2023 Regular 0.00 9,075.00 54284 10586 QUADIENT LEASING 04/27/2023 Regular 0.00 235.74 54285 10796 Ruben Ayala 04/27/2023 Regular 0.00 99.00 54286
2802 SAM'S CLUB 04/27/2023 Regular 0.00 147.12 54287
8394 SANDLER BROTHERS 04/27/2023 Regular 0.00 388.91 54288 0071-1 SO CAL GAS 04/27/2023 Regular 0.00 51.04 54289
0071-1 SO CAL GAS 04/27/2023 Regular 0.00 94.02 54290
0071-1 SO CAL GAS 04/27/2023 Regular 0.00 54.06 54291
10483-1 SOUTHERN CALIFORNIA NEWS GROUP 04/27/2023 Regular 0.00 2,974.92 54292 5647 STAPLES BUSINESS ADVANTAGE 04/27/2023 Regular 0.00 81.43 54293 10467 STEAMX, LLC SIGNAL HILL 04/27/2023 Regular 0.00 972.56 54294 6005 VASQUEZ RUBEN 04/27/2023 Regular 0.00 259.10 54295 9951 WILLDAN 04/27/2023 Regular 0.00 2,666.00 54296
0643 ZUMAR INDUSTRIES. INC. 04/27/2023 Regular 0.00 262.22 54297 Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code WF Checking Summary
Bank Drafts
EFT's
91 0
1 0
0 0.00

0.00 0.00

0.00 0.00
92 0.00
Payment
544,013.32

0.00 -319.52

0.00 0.00
543,693.80
Payable
Count
121
0 0
0 0
121

My Check Report Date Range: 04/01/2023 - 04/30/2023
5/2/2023 11:05:50 AM Page 3 of 5
Vendor Number Vendor Name Payment Date Discount Amount Payment Type Payment Amount Number Bank Code: WF Payroll-WF Payroll
10759 AUL 3121 Trust Mid America Admin & Retireme 04/06/2023 Regular 0.00 867.12 28515 6049 STATE DISBURSEMENT UNIT 04/06/2023 Regular 0.00 324.46 28516 **Void** 04/19/2023 Regular 0.00 0.00 28517
**Void** 04/19/2023 Regular 0.00 0.00 28518
10759 AUL 3121 Trust Mid America Admin & Retireme 04/19/2023 Regular 0.00 958.00 28519 6049 STATE DISBURSEMENT UNIT 04/19/2023 Regular 0.00 324.46 28520 10760 Cudahy Miscellaneous Employees' Association 04/06/2023 EFT 0.00 260.00 910006 10720 MISSION SQUARE RETIREMENT 04/06/2023 EFT 0.00 3,310.00 910007 10760 Cudahy Miscellaneous Employees' Association 04/20/2023 EFT 0.00 260.00 910008 10720 MISSION SQUARE RETIREMENT 04/20/2023 EFT 0.00 3,310.00 910009 10758 Aflac Insurance 04/05/2023 Bank Draft 0.00 660.76 DFT0000021 10319 CAL PERS 04/05/2023 Bank Draft 0.00 18,251.20 DFT0000022 10772 CalPERS 04/05/2023 Bank Draft 0.00 58,773.68 DFT0000023 10771 EyeMed 04/05/2023 Bank Draft 0.00 1,188.74 DFT0000024 7046 FRANCHISE TAX BOARD 04/05/2023 Bank Draft 0.00 5,096.06 DFT0000025 9468 INTERNAL REVENUE SERVICE 04/05/2023 Bank Draft 0.00 17,876.85 DFT0000026 10773 Reliance Standard Life Insurance Company 04/05/2023 Bank Draft 0.00 1,224.62 DFT0000027 10769 Allied Administrators 04/05/2023 Bank Draft 0.00 6,461.13 DFT0000029 10758 Aflac Insurance 04/19/2023 Bank Draft 0.00 660.76 DFT0000030 10319 CAL PERS 04/19/2023 Bank Draft 0.00 18,321.33 DFT0000031 7046 FRANCHISE TAX BOARD 04/19/2023 Bank Draft 0.00 5,139.33 DFT0000032 9468 INTERNAL REVENUE SERVICE 04/19/2023 Bank Draft 0.00 18,043.43 DFT0000033 Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code WF Payroll Summary
Bank Drafts
EFT's
4 0
2 12
4 0.00

0.00 0.00

0.00 0.00
22 0.00
Payment
2,474.04

0.00 0.00
151,697.89
7,140.00
161,311.93
Payable
Count
4 0
0 50
6 60

My Check Report Date Range: 04/01/2023 - 04/30/2023
5/2/2023 11:05:50 AM Page 4 of 5
Vendor Number Vendor Name Payment Date Discount Amount Payment Type Payment Amount Number Bank Code: WF Successor Agency-WF Successor Agency
9995 THE BANK OF NEW YORK MELLON 04/05/2023 Bank Draft 0.00 151,249.88 DFT0000028 Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code WF Successor Agency Summary
Bank Drafts
EFT's
0 0
0 1
0 0.00

0.00 0.00

0.00 0.00
1 0.00
Payment

0.00 0.00

0.00 151,249.88

0.00 151,249.88
Payable
Count
0 0
0 1
0 1

My Check Report Date Range: 04/01/2023 - 04/30/2023
5/2/2023 11:05:50 AM Page 5 of 5
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
95 0
3 13
4 0.00

0.00 0.00

0.00 0.00
115 0.00
546,487.36

0.00 -319.52
302,947.77
7,140.00
856,255.61
125
0 0
51 6
182
Fund Name Period Amount
Fund Summary
610 Successor Agency 4/2023 151,249.88
998 Fund 998 4/2023 705,005.73
856,255.61

03/09/23 03/23/23 Total
(a) Direct Deposits 111,307.40 111,070.60 222,378.00
(b) ICMA & Union Dues 3,570.00 3,570.00 7,140.00
(c) CalPERS Retirement 19,010.44 28,882.17 47,892.61
(d) Payroll taxes 22,972.91 23,192.32 46,165.23
(e) Medical 73,325.47 3,969.94 77,295.41
Total Amount 230,186.22 170,685.03 400,871.25
(a) Employees / Council Members / Commissioners
(b) Payments to ICMA & Union Dues
(c) Payments for CalPERS Retirement
(d) Federal / State payroll taxes and unemployment
(e) Medical Insurance - Active and Retired employees

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

Attachment B Page 22 of 283
Type Issuer Amount % of Total
Deposit - 4588 Wells Fargo 3,687,960.54 18.40%
Successor Agency - 0688 Wells Fargo 3,292,436.82 16.43% Checking - 7128 Wells Fargo 1,024,906.82 5.11%
Payroll - 4570 Wells Fargo 297,303.35 1.48%
Savings - 4752 Wells Fargo 330,534.05 1.65%
Money Market Account Bank of New York (BNY) (a) 8,697.93 0.04% Pooled Savings State Local Agency 11,396,515.06 56.87%
Investment Fund (LAIF)
Total 20,038,354.57 100.00%
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
04/30/2023
Attachment C Page 23 of 283
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 1,120,658.63 1,991,169.04
April 2023 1,196,447.59 1,257,126.86
May 2023
June 2023
Total: $ 16,799,341.24 17,758,181.23
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 Note (d) - Includes 2 Sheriff payments and a $151,249 Debt Service payment 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 620,900.31 1,602,710.73 (4)
April 2023 969,432.86 710,177.71
May 2023
June 2023
Total: $ 10,063,307.40 $ 11,624,588.90
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 Note (4) - Includes 2 Sheriff payments
All Funds
General Fund
City of Cudahy
Summary of Cash Receipt/Disbursement by Month - FY 2022-2023 Attachment D Page 24 of 283
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 25 of 283
Supplier Amount Description
Trashcansunlimited Trash bins for all parks 8,411.95
Dmi* Dell Sales & Servic Staff computers 7,400.65
Samsung Employee Computer Loan 3,180.74
Dodgers Mobile Payment Community Excursion 2,869.00
Naleo Educational Fund NALEO Annual Conference 2,800.00 Omni San Diego Online Srv Hotel - CA Parks & Rec conf 2,627.55 Autodesk Ady Software 1,709.65
Intl Code Council Inc CA Bldg Code books & membership 1,699.96 Paypal Municipal Seminar Registration 1,650.00
Dmi* Dell Bus Online Front counter computer 1,334.38
Current Whlse Elec Suppl City hall, Bedwell, & Maint 1,301.19 Housing California State Housing Conference 1,100.00
The Ups Store 5391 Employee livescans 1,001.00
Chipotle Online Lunch for employee training 953.11
Msft Microsoft 365 for employees 901.43
Vivint Inc/Us 2 cameras, 1 spotlight for Maint yard 856.53 Paypal Annual Municipal Seminar registration 825.00
Icma Online Webinar- Supervisory Practices 795.00
Ringcentral Inc. Upgraded lines for Council members 682.24 Msa Traffic control class for Maint Super 667.58
The Webstaurant Store Inc Cups & utensils for City Hall & Bedwell 618.27 Fredpryor Careertrack Excel training course for staff 597.00 Nna Services Llc National Notory Association 548.74
Adobe *acropro Subs Adobe subscription for staff 501.84 Quartermaster 396.21
Full Source Llc 363.06
Iimc 350.00
Ferguson Ent 1456 329.01
Officemax/Depot 6440 321.66
Remotepc 818-275-5909 299.50
Costco Whse #0569 226.34
Full Source Llc 219.92
Cal Chamber Of Commerce 209.71
American Council Of Engin 209.44
Lees Bbq And Boba 201.76
Microsoft*store 198.00
Tst* Big Als Pizzeria Ma 187.27
Municipal Management Asso 180.00
Quartermaster 175.62
Sq *agua Y Salud 174.00
Bestbuycom806750881012 143.31
Full Source Llc 130.09
Stax *smithfast 127.78
Autozone #5371 125.46
Credit Card Payment Detail
March 1-31, 2023

Attachment F Page 26 of 283

ATTACHMENT F
Supplier Amount Description
Credit Card Payment Detail
March 1-31, 2023
Party City Bopis 125.28
The Home Depot #6627 120.80
Paypal 120.00
Smart And Final 319 109.36
Halloweencostumes.Com 109.20
Adobe *acropro Subs 99.95
Business.Apple.Com 99.87
Cke*la Casita Mexicana Be 98.00
Smart And Final 319 97.10
Jersey Mikes Online Orde 96.95
Full Source Llc 95.76
In *lux Marketing Inc 93.71
The Webstaurant Store Inc 93.70
Tgi Fridays #60689 93.52
Fun Express 89.08
Staples 00113670 77.66
City Clerks Association 75.00
Smart And Final 790 70.92
Office Depot #5125 69.74
Tgi Fridays #60689 59.91
Puntip Cuisine Llc 59.82
Habit Bell Gardens 315 56.93

5.11, Inc. 55.57

5.11, Inc. 55.56
Habit South Gate #87 49.98
Sq *agua Y Salud 48.00
Daiso La03 Gardena 46.31
Target.Com 31.96
Superior Super Whse 29.93
Tst* T&a Taco 28.19
Hp *instant Ink 27.54
Autozone #5371 26.45
Sq *agua Y Salud 24.00
Hp *instant Ink 20.94
Hilton Parking Self 20.00
Sq *agua Y Salud 18.00
Wm Supercenter #3180 16.50
Ubiquiti Inc. 15.00
Sterling Volunteers 15.00
Adobe *products 14.99
Hp *instant Ink 13.22
Hp *instant Ink 13.22
Target.Com 13.21
Digitalspace 13.00

ATTACHMENT F
Supplier Amount Description
Credit Card Payment Detail
March 1-31, 2023
Office Depot #814 9.26
Bargain World #1 8.72
Shell Oil 57444408801 8.70
Superior Super Whse 7.98
Hp *instant Ink 4.40
Hp *instant Ink 4.40
52,253.24
Descriptions provided for transactions above $500.00

“Serving the People” "Sirviendo A La Comunidad"
Staff Report
05/16/2023 Page 1 of 2

STAFF REPORT
Date: May 16, 2023
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Richard Iglesias, City Clerk
Subject: Consideration to Review and Approve the Draft Minutes of May 2, 2023, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission

RECOMMENDATION
The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for May 2, 2023.

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

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

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

Item Number
12D

“Serving the People” "Sirviendo A La Comunidad"
Staff Report
05/16/2023 Page 2 of 2
William Bennett Munro, a Canadian historian, and political scientist, who taught at Harvard University and the California Institute of Technology, stated in one of his first textbooks written: “No other office in municipal service has so many contacts. It serves the Mayor, the City Council, the City Manager (when there is one), and all administrative departments, without exception. All of them call upon it, almost daily, for some service or information. Its work is not spectacular, but it demands versatility, alertness, accuracy, and no end of patience.

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

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

CONCLUSION
City Council is requested to approve the attached City Council / Agency Draft Minutes of the proceedings of May 2, 2023.

FINANCIAL IMPACT
No Financial Impact.

ATTACHMENT
A. May 2, 2023
B. Resolution No. 16-38, approving the City Clerk’s use of Summary Action Minutes as the Official Record of the City Council proceedings.

City Council/Successor Agency Minutes of 5/2/2023 Page 1 of 6

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

HOUSING SUCCESSOR AGENCY TO THE CUDAHY

DEVELOPMENT COMMISSION JOINT MEETING
May 2, 2023 6:30 P.M.

1. CALL TO ORDER
Mayor / Chair Lomelí called the meeting to order at 6:32 p.m.

2. ROLL CALL
PRESENT: Council / Agency Member Cynthia Gonzalez
Council / Agency Member Martin Fuentes
Council / Agency Member Elizabeth Alcantar
Vice Mayor / Vice Chair Jose R. Gonzalez (arrived at 6:36 p.m.) Mayor / Chair Daisy Lomelí
ABSENT: None
ALSO PRESENT: City Manager, Alfonso Noyola, City Attorney, Richard Padilla, City Clerk, Richard Iglesias, Assistant City Clerk, Estefania Zamora, Finance Director, Joshua Calhoun, Administrative Services Director, Brenda Rodriguez, Community Development Director, Juan Arauz, Management Analyst, Andres Rangel, Executive Assistant, Janet Andrade, Senior Planner, Cecilia Madrigal-Gonzalez, Human Resources Manager, Noel Barrajas, and Senior Accountant Charles Ortiz.

3. APPROVAL OF AGENDA
Motion: Council Member Fuentes motioned to approve the agenda as is, seconded by Council Member C. Gonzalez. Motion passed 4-0-1 by the following roll call vote:

AYES: C. Gonzalez, Fuentes, Alcantar, and Lomelí
NOES: None
ABSENT: J. Gonzalez
ABSTAIN: None

4. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Bell High School Senior, Diego Rojas.

5. LAND ACKNOWLEDGEMENT
Attachment A Page 31 of 283
City Council/Successor Agency Minutes of 5/2/2023 Page 2 of 6 The Land Acknowledgment was led by Bell High School Senior Leilany Villa.

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. Proclamation - Maternal Mental Health Month
B. Proclamation - Public Service Recognition Week
C. Presentation by the City Manager

7. PUBLIC COMMENTS
Edin Enamorado, commented on street vendor allegedly cited for street vending and other vendor ticketed at the City of Bell, mentioned meeting with the board of supervisors, there being no pathway for street vendors, would like Cudahy and the County to model San Diego, board of supervisors implementing Microenterprise home kitchen operation (MEHKO), lastly mentioned he would like Marine Josue Barron Purple Heart who grew up in Cudahy recognized.

Concerned Citizen commented on street vending, the City Council can use its influence to contact the Board of Supervisors to implement meetings or Ad Hoc to involve people doing the work interacting with street vendors in Los Angeles County; Council not having the lens that some of the people involved have implored the Council to consider it and push it forward.

Susie commented representing the Cudahy Youth Foundation, an application, and email submitted for a fee waiver, provided reasons for requesting the fee waived, asked for the City to support SCDC and Best Buy grant partnership to be able to provide a better Tech Center for the community, lastly thank Council for making the changes on Zoom being able to listen better.

8. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS
Council Member Fuentes mentioned helped represent the City of Cudahy at the ceremony for the outing president of contract cities and asked if any action was taken regarding creating the posters requested during the social media presentation at a previous council meeting to inform people of the City's social media accounts.

Council Member C. Gonzalez commented on trying to help a street vendor get permitted, attended training with the progressive academy, City to look at what are the real safety

City Council/Successor Agency Minutes of 5/2/2023 Page 3 of 6 risks, how to set priorities, asked for a copy of the MOU for LASUD, asked for tech center information and possible grant with SCDC to come before the Ad Hoc Committee for review and feedback.

Council Member Alcantar commented on attending Progressive Governance Academy, thanked Susie and SELA Community for the National Child Abuse Prevention Month event, requested a resolution letter from staff encouraging the County to change their policy to be more supportive towards street vendors, asked for a policy on subcontracting some city facilities, for example, the snack bars, lastly mentioned tech, working with Emma, and having MOU's with organizations the City works with.

Vice Mayor J. Gonzalez commented on revisiting the ordinance on street vending, getting a report to the Council on what occurred regarding citations issued mentioned during public comment, clarified on the grant, asking if the City can bid on the grant or have a Request for Proposals (RFP), and gave thanks for the birthday.

Mayor Lomelí commented on supporting Council Member Alcantar's resolution letter, asked staff to continue to honor Council's direction not to issue citations for food vending, attended Progressive Governance Academy, looking forward to attending the meeting on the 13th, asked staff to have a conversation on how we are supporting graduates, requested a certificate to honor a teacher who is retiring, and also asked to place scholarship resources on the City's website.

9. CITY MANAGER REPORT (information only)

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

COMMITTEE MEETINGS - NONE

11. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Motion: Council Member C. Gonzalez motioned to waive full reading of resolutions and ordinances, seconded by Vice Mayor J. Gonzalez. Motion passed 5-0 by the following roll call vote:

AYES: C. Gonzalez, Fuentes, Alcantar, J. Gonzalez, and Lomelí NOES: None
ABSENT: None
ABSTAIN: None

12. CONSENT CALENDAR
A. Consideration to Review and Approve the Draft Minutes of March 21, 2023, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission

City Council/Successor Agency Minutes of 5/2/2023 Page 4 of 6 Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for March 21, 2023.

Motion: Vice Mayor J. Gonzalez motioned to approve Consent Calendar items, seconded by Council Member C. Gonzalez. Motion passed 5-0 by the following roll call vote:

AYES: C. Gonzalez, Fuentes, Alcantar, J. Gonzalez, and Lomelí NOES: None
ABSENT: None
ABSTAIN: None

13. PUBLIC HEARING – NONE

14. BUSINESS SESSION
A. Consideration and Approval of a Request by the Cudahy Youth Foundation to Waive the Temporary Use Permit (TUP No. 2023-01) Application Fee for a Firework Sales Permit to conduct their Annual Fireworks Sales
Presented by the Community Development Director
Recommendation: Staff recommends the City Council consider a request from the Cudahy Youth Foundation (“Applicant”) to waive the Temporary Use Permit (“TUP”) fee, in the amount of $562.50, for their annual fireworks sales and take one of the following actions:

1. Approve the request and waive the TUP application fee.

2. Deny the request for a full fee waiver and approve a partial fee waiver determined by City Council.

3. Deny the request to waive the TUP application fee.

Motion: Council Member Alcantar motioned to approve the request and waive the TUP application fee, seconded by Council Member C. Gonzalez. Motion passed 5-0 by the following roll call vote:

AYES: C. Gonzalez, Fuentes, Alcantar, J. Gonzalez and Lomelí NOES: None
ABSENT: None
ABSTAIN: None

City Council/Successor Agency Minutes of 5/2/2023 Page 5 of 6 B. Consideration and Approval of Professional Services Agreement for Design Engineering Services for Cudahy Los Angeles River Improvement Project Presented by the Director of Public Works
Recommendation: It is recommend the City Council award a Professional Services Agreement (PSA) to SWA Group, Inc. for Design Phase Engineering Services in the amount not-to-exceed $536,570.

Motion: Council Member Alcantar motioned to award a Professional Services Agreement (PSA) to SWA Group, Inc. for Design Phase Engineering Services in the amount not-to-exceed $536,570, seconded by Vice Mayor J. Gonzalez. Motion passed 5-0 by the following roll call vote:

AYES: C. Gonzalez, Fuentes, Alcantar, J. Gonzalez and Lomelí NOES: None
ABSENT: None
ABSTAIN: None
C. Budget Workshop for Proposed Fiscal Year (FY) 2023-2024 City Budget Presented by the Finance Director
Recommendation: The City Council is requested to review General Fund and Special Revenue Funds estimated revenues and estimated expenditures and provide staff with direction on which estimated revenues and estimated expenditures to adjust in finalizing the Fiscal Year (FY) 2023-24 City Budget, which would be presented to the City Council at a regular meeting June 6, 2023.

NO MOTION – PRESENTATION ONLY

15. COUNCIL DISCUSSION - NONE

16. CLOSED SESSION – NONE

17. CLOSED SESSION ANNOUNCEMENT – NONE

18. ADJOURNMENT
The City Council / Agency meeting adjourned at 10:00 p.m.

Daisy Lomelí
Mayor

City Council/Successor Agency Minutes of 5/2/2023 Page 6 of 6 ATTEST:

Richard Iglesias
City Clerk

Attachment
B

“Serving The People”
Staff Report
05/16/2023 Page 1 of 3

STAFF REPORT
Date: May 16, 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 Security Guard Services

RECOMMENDATION
The City Council is requested to award a Professional Services Agreement (PSA) to City Security & Patrol, Inc. for security guard services in the amount not-to-exceed $60,000, annually.

BACKGROUND

1. On January 10, 2023, the City released a Request for Proposals (RFP) to solicit “Uniformed Security Guard Services”.

2. On February 2, 2023, the RFP submission window closed. Ten proposals were submitted.

3. On February 23, 2023 through March 7, 2023, the proposals were evaluated.

4. On April 12, 2023 City Security & Patrol, Inc. was notified that it was the preferred bidder and would be recommended by staff to receive a contract.

5. On April 18, 2023, City Security & Patrol, Inc. withdrew due to unforeseen circumstances.

6. On April 20, 2023, American Global Security, Inc. was notified that they were the next recommended bidder and would be requested by staff to receive a contract.

ANALYSIS
The City is requesting security and patrol services to increase safety in public parks and facilities.

The security officer will maintain a constant and visible presence around and throughout the perimeter of Cudahy Park, Cudahy River Park, Clara Park, and Lugo Park. The security services will take place four days out of the week for eight hours per day (i.e., Thursday through Sunday; 9:00 p.m. to 5:00 a.m.) for a total of 32 hours per week.

The bid summary is below:
"Sirviendo A La Comunidad"
Item Number
14A

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
05/16/2023 Page 2 of 3

Firm Name Proposal Hourly Cost
Absolute Security Services $34.68
Allied Consulting & Security Services $45.00
American Global Security, Inc. $31.50
California Panther Security $34.00
CitiGuard, Inc. $27.00
City Security & Patrol, Inc. $35.50
Cornerstone Protective Services, Inc. $40.40
Eagle Eye Protection Services, Inc. $39.50
IPS, Inc. $40.00
Security Consulting Group, Inc. $37.00
Although American Global Security, Inc. was not the lowest proposal, it displayed the highest level quality in terms of guards who’s trainings are tailored to the assigned work. Which guarantees that guards have a thorough awareness of their responsibilities for their patrol routes or site, their schedule, any potential risks or threats, as well as their duties to the general public. completed. American Global Security, Inc. clarified that all parks listed on the RFP may have their scope of services expanded to include the facilities that are adjacent to them.

AGS has a checkpoint verification system tied to “AGSTrac” where guards can scan a QR code sticker that can be placed at authorized areas, like park restrooms, gates, and building exterior doors. The guard can then submit a checkpoint as finished, attach a picture, and provide any notes they see necessary for that site. Moreover, American Global Security, Inc. will also provide daily reports of their patrols in hourly intervals. This all ensures that they will be patrolling the designated parks and facilities properly.

When patrolling, security guards will perform the following duties:
• Patrol the locations
• Detect unwanted persons
• Monitor for crime and suspicious activity
• Patrol areas of all buildings
• Write daily reports
Security guards patrolling shall have the following trainings:
• Pr-24 Baton
• Standard Security and Emergency Procedures
• Hostage Preparedness
• Observation Skills & Reporting
• All Security Guards shall, at minimum, be trained in the use of, and carry, pepper spray • Security Guards must have successfully completed First Aid and CPR Training

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
05/16/2023 Page 3 of 3

CONCLUSION
The City recommends awarding a Professional Services Agreement (PSA) to American Global Security, Inc. for Uniformed Security Services in an annual amount not-to-exceed $60,000.

FINANCIAL IMPACT
The contract total is $60,000. The contract cost has been allocated in this fiscal year budget.

STRATEGIC PLAN CORRELATION
Goal A Community Services Programs, and Activities for All Ages; Strategy 3 A. Ensure parks are safe and clean.

ATTACHMENTS
A. Uniformed Security Guard Services RFP
B. American Global Security, Inc. Proposal
C. Draft Professional Services Agreement between the City of Cudahy and City Security & Patrol

REQUEST FOR PROPOSALS

TO PROVIDE
Uniformed Security Guard Services
TO THE

CITY OF CUDAHY
Attachment A Page 42 of 283

IMPORTANT DATES
RFP ISSUED January 10, 2023

DEADLINE TO SUBMIT QUESTIONS

PROPOSAL DUE DATE
January 19, 2023
February 2, 2023
at 3:00 PM
PROPOSALS ARE EVALUATED February 6, 2023 –
February 8, 2023

NOTIFICATION OF TOP RANKED

CONSULTANTS FOR ORAL INTERVIEW
(If applicable)
February 8, 2023

NOTIFICATION TO PREFERRED

CONSULTANT
February 16, 2023

i
Table of Contents
I. INTRODUCTION.................................................................................................. 1 II. BACKGROUND.................................................................................................... 1 III. SCOPE OF WORK............................................................................................... 1 IV. GENERAL INFORMATION .................................................................................. 2 V. TERMS AND CONDITIONS................................................................................. 6 VI. PROPOSAL CONTENT ....................................................................................... 7 VII. EVALUATION PROCEDURES............................................................................. 9 VIII. PROPOSAL SUBMITTAL................................................................................... 10 IX. STAFF CONTACT.............................................................................................. 11 APPENDIX A – Sample Contract .................................................................................. 12 APPENDIX B – Summary Sheet ................................................................................... 30 APPENDIX C – Certification of Acceptance and Proposal for Modification .................. 31 APPENDIX D – False Claims Form............................................................................... 32 APPENDIX E – Civil Litigation History........................................................................... 35

1 City of Cudahy
5220 Santa Ana, Cudahy, California 90201
(323) 773-5143 Fax (323) 771-2072
January 10, 2023
Uniformed Security Guard Services
I. INTRODUCTION
The City of Cudahy (“City”) is requesting proposals for Uniformed Security Guard Services. The selected firm will coordinate with the City on an “as needed” basis and fall under the specific direction of the City Manager or their designee. The scope of work, proposal format, submittal guidelines, and 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 23,805. The City is a general law city and operates under the council-manager form of government.

It is anticipated that the consultant will enter into a professional services agreement with the City of Cudahy.

III. SCOPE OF WORK
The following is a general outline of the scope of work to be provided by the consultant.

While it is intended that the following scope of work include all elements essential to develop the project, those submitting proposals are advised to perform their own field reconnaissance and include any items which they feel have been overlooked. The description and cost of such items should be noted and outlined separately in the proposal. Services required to complete this project by the consultant shall include:

This Request for Proposal (“RFP”) is intended to solicit information and proposals from qualified uniformed security guard service providers capable of meeting the City of Cudahy’s needs for its various facilities outlined in this scope of work. The professional security guard service provider shall actively patrol the areas under the pre-arranged schedule.

All professional services are to be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances. The uniformed

2 security officer shall be present at all times. Lunches and breaks will need to have the proper coverage. The patrolling of the area shall be supplemented with a motorized vehicle to actively deter illegal activity. The maintenance, fuel and/or vehicle charging will be the responsibility of the vendor. The selected vendor shall provide daily reports to City staff describing their daily activity, observations, and interactions with the public. The selected vendor will have significant expertise in the areas necessary to meet the needs and requirements set forth in this RFP. Critical criteria in the City’s evaluation process will include the vendor’s ability to share data and jointly develop services that meet the City’s needs.

All proposals must include uniformed security officers at all of the parks, Thursday through Sunday, 9:00 PM to 5 AM (this is subject to change upon agreement of both the City and selected vendor.)
The vendor will need to ensure that they can provide the services through the following mechanisms, including:
• Daily reporting by each assigned personnel, at 1–2 hour intervals, with documentation and logging of any interaction with the public. • Security personnel are to monitor all areas, as outlined in the attached map, on a continuous basis. At no point should the areas be left without security personnel, and all designated breaks, as required by law, need to be covered by appropriate security personnel.
• Security personnel shall continuously monitor the encompassing area, as well as perform walkthroughs through all parks and facilities, which will include common areas and throughways.
• Security personnel are to immediately report suspicious activity and contact the appropriate emergency personnel in situations where safety is compromised, or criminal activity is evident.
• Security personnel are to deter any type of illegal activity and ensure that areas of travel are clear for accessibility.
• The expectation is that the Security Personnel will alleviate and deter activity that is not conducive to productive and appropriate use of the area. • Security personnel are to provide/share appropriate available resources to the community, including making appropriate referral questions about the City and/or available resources in the community.
• For information not known to the security personnel, the expectation is that they will document questions from members of the staff and ensure that information is received by City staff for appropriate follow-up.

The assigned security officer is to be highly visible and identified as a professional security guard. They will be required to wear a professional uniform and badge. The guard shall be highly vigilant in actively patrolling while on duty. A stationary guard is not acceptable.

The use of cell phones should only be for work related issues. The security services should include the use of two-way radios and cell phones to quickly relay information to City staff and/or emergency personnel.

3 • The Vendor shall work to promote mutual trust and cooperation with the public and visitors within the patrol area.
• The selected vendor will provide a list of contacts throughout the City and maintain contact with the appropriate personnel in regards to the information that is relayed.

This list includes, but is not limited to the City of Cudahy Staff, City’s Emergency Manager, Parks and Recreation Staff, Community Outreach Groups, Los Angeles County Sherriff’s Department, and the Los Angeles County Fire Department. (There may be a need to communicate with more than one of these City contacts.) • The selected vendor will provide a list of authorized field use and activity to verify/confirm that the users are authorized to use the fields. • The selected vendor will have, at minimum, bi-monthly meetings with City staff to discuss and evaluate if the needs of the City are being met, what types of activity they are seeing, any trends that might be of concern, and to do an overall evaluation of the security guard services and make any necessary adjustments to the services provided.

Reports
An hour-by-hour log shall be kept for all activities taking place during each shift.

The selected vendor shall complete and submit a Daily Report Form to the City upon completion of each daily shift. The daily report shall include listing all occurrences with significant data pertaining to all activities.

In the event of an unusual occurrence, the selected vendor shall submit an Incident Report to city staff, along with the Daily Report Form within 24 hours of the occurrence to the City.

All required written records, including copies of police reports that may have been obtained, shall be turned over to the City Emergency Manager.

Personnel
The Security Officer assigned to perform work under this contract shall always be in uniform. These uniforms must clearly identify the name of the security company and the name of the individual security guard, in conformance with California State requirements.

This identification may be accomplished through the use of shoulder patches, silk screening or stitched company emblems, insignias or logos.

All security personnel must maintain a courteous and respectful demeanor when dealing with all members of the public. Security personnel will not be authorized to physically apprehend, subdue, or restrain any member of the public for any reason.

4 Security officer employed by the vendor to perform work under this contract shall:
• Be able to communicate effectively in both written and oral English • Be physically and emotionally capable of performing the assigned tasks Equipment
Vendor shall furnish all equipment necessary to perform the work as described herein. All equipment shall be kept in good repair and shall conform to all federal, state, and local requirements.

Required equipment shall include but is not limited to:
• A vehicle to perform security inspections during shift, with visible company identification to allow for rapid transportation around and throughout the designated patrol areas.
• Security officers shall be equipped with portable communication devices permitting 24-hour communication with company headquarters and/or with appropriate law enforcement agencies and other designated contacts.
• Flashlight
Work Schedule
Beginning of Shift: At the start of each work shift the vendor’s security officer shall document the time of arrival and discuss any significant security matters with the security officer from the previous shift.

End of Shift: At the end of each work shift the vendor’s security officer shall advise City staff of any incidents or events that occurred during the previous work shift, regardless of the severity of the incident. Any and all written reports prepared during the shift shall be submitted to the designated person and/or deposited in the designated mailbox at the end of the work shift.

Change of Shift: Vendor shall ensure that continuous coverage is maintained during shift changes. Under no circumstances will there be a total absence of active security service personnel during the hours covered by this contract.
• All work during the hours listed shall be continuous. Breaks shall only be taken at designated times and areas and when adequate coverage is maintained. • Documentation of shift changes occurring after operational shift hours must be provided to City staff upon request.
• Guard shift changes during operating hours of City Facilities are to occur at the designated check-in/check-out location within the designated community center.

5 • Security personnel shift changes after operation hours must be recorded and monitored by the vendor and must include proof that the check-in and check-out occurred at the predetermined scheduled times and that the check-in and check-out occurred within the confines of the designated patrol perimeter.
• During operational hours of City facilities, security personnel shift changes are to occur at the designated check-in/check-out location within the designated community center.

Performance Duties
The security officer shall maintain a constant and visible presence around and throughout the perimeter of Cudahy Park, Cudahy River Park, Clara Park, and Lugo Park. Work performed shall consist of providing a security officer to perform security services as described herein:
• Routinely patrol through the confines of the City’s recreational parks and facilities, including areas between all buildings, structures, and gated field and park space. • Supervise and control access to the City facilities and grounds within the patrol perimeter outlined in map below
• Routinely check in with designated City staff at the designated location(s) during operating hours of City parks and facilities within the City of Cudahy. • Provide security inspections, scheduled rounds to tracking system location as designated, detection and investigation of buildings, ground, and appurtenances • Ensure City owned building exteriors, structures, and gates are locked during after-hours non-operation and closures.
• Perform inspection, detection, and investigation of all security–related incidents, violations of regulations and matters of public safety and report same to appropriate city staff • Assisting City staff with ensuring the City’s municipal codes are not being violated • Informing the public of the City’s municipal codes applicable to City parks and facilities • Contact appropriate personnel and police in case of unauthorized door openings or closings within the City’s parks and facilities
• Screen visitors of facilities within the patrol perimeter outlined in map below • Question and check ID of anyone who enters the premises during and after normal working hours and record said entry on daily report document (only City staff with proper identification will be allowed within City facilities after normal operating hours) • Be observant of behavior in common areas such as smoking and/or vaping in nonsmoking areas and take appropriate action

6 • Security personnel must investigate all credible reports of suspicious, illegal activity from members of the public within the confines of the designated patrol perimeter and report all evidence of vandalism
• Observe and report any suspicious, illicit, or illegal activity or evidence of vandalism to the designated recreational parks and/or facilities.
• Communication shall be established with local law enforcement agencies in order to provide information on criminal activity taking place on site. This communication shall include immediate communication required for emergency situations (i.e., gunfire, domestic violence, etc.) as well as communication required for subsequent investigations of criminal activity
• Report inoperative interior and exterior lighting
• Contact appropriate City representative, police and/or other emergency response personnel as required in the event of an emergency
• Notify the appropriate law enforcement agency immediately of any unlawful activity • Contact the police department in the event of observing or witnessing a potential problem • Report any action taken by the security guard regarding any ordinance and/or rule enforcement, or emergency, in writing to the designated City staff • Security officers shall remain within the patrol perimeter at all times throughout the duration of the shift.
• Document all reports of suspicious, illegal activity and/or vandalism. Include the nature, precise location, and outcome of all incidents in addition to any other pertinent details.

The uniformed security guard duties may, at the discretion of City staff, also include, but not be limited to:
• Inspection of all City facilities with the patrol perimeter. Preferably at unscheduled 1 ½ hour intervals.
• Periodic inspection of outside property which shall include all parking lots, office buildings, and ensure proper use of handicapped parking and fire zones • Periodically inspect all exits, including fire stairwells and respond to alarms indicating unauthorized use
• After business hours, inspection of office and building door lock, verification that sensitive areas are secured
• Investigate fire, burglar, and pull-cord alarms for entire patrol area Emergencies

7 Security officers shall respond promptly and appropriately to all security-related emergencies and requests for emergency assistance regardless of the nature of the emergency.

Upon determination of the nature of the emergency, the security officer shall immediately notify the appropriate law enforcement agency, fire department and/or medical aid provider as required.

Medical aid administered by the security officer shall be only to the extent that the officer is qualified to administer in accordance with the officer’s level of certification.

The security officer shall interface immediately with any law enforcement agency responding within the patrol perimeter outlined in map below.

Keys
Any keys issued to security personnel must be responsibly maintained and securely stored. Keys and combination lock codes are only to be exchanged between security personnel at designated shift rotations and to City staff upon request. Security personnel will not open any facility, structure, or gate for any member of the public without direction from City staff except for emergencies.

The vendor will be responsible for expenses incurred from lost keys or from vandalism directly caused from inappropriate use of City issues keys or combination locks.

8 Patrol Perimeter
1) Lugo Park
7810 Otis Ave, Cudahy, CA 90201
2) Clara Park
4835 Clara Street, Cudahy. CA
90201
3) Cudahy River Park
5322 Clara Street, Cudahy, CA
90201
4) Cudahy Park
5220 Santa Ana Street, Cudahy, CA
90201
1 2
3 v
4 v

2 IV. PROPOSAL SCHEDULE
RFP ISSUED January 10, 2023

DEADLINE TO SUBMIT QUESTIONS

PROPOSAL DUE DATE
January 19, 2023
February 2, 2023
at 3:00 PM
PROPOSALS ARE EVALUATED February 6, 2023 –
February 8, 2023

NOTIFICATION OF TOP RANKED CONSULTANTS FOR

ORAL INTERVIEW
(If applicable)
February 8, 2023
NOTIFICATION TO PREFERRED CONSULTANT February 16, 2023
IV. GENERAL INFORMATION
The City seeks proposals from outside firms to provide Uniformed Security Guard Services. The City will select one qualifying firm to provide the services as defined in the Scope of Services section of this RFP.

A. Period of Performance – The City desires to award a contract with a term of three (3) years and with the ability to extend the term of the agreement for a maximum of two (2) one-year extensions in the sole and absolute discretion of the City based on a multiplicity of factors, including but not limited to performance. City also requires that any agreement be structured in a manner so as to permit City to terminate the agreement prior to the expiration of the three-year initial term or any extension term to respond to changing economic conditions, changes in the law and/or judicial interpretations of the law which may impact the City’s ability to contract-out such services.

B. Proposal Validity – The Proposer’s pricing shall be valid for a minimum of 90 days.

C. Request for Information – Questions regarding this RFP are for clarification purposes only and are to be directed by e-mail to: Joshua Calhoun, at [email protected]. The deadline to submit questions will be October 26, 2022.

D. Submission Deadline – Proposals must be received, in a sealed envelope with the words “Request for Proposal – Uniformed Security Guard Services” clearly labeled along with the name and address of the firm, by the

3 Office of the City Clerk by 3:00 pm on February 2, 2023. The submitted packet shall include three (3) copies of the proposal.

E. Late Submittals – It is strongly recommended that proposals be delivered inperson or via personal courier by or before the submission deadline. Proposals received after the specified submission deadline will be disqualified and not considered. Proposals postmarked prior to the applicable deadline date but received after the deadline will also be disqualified and not considered.

Proposers are responsible to ensure the timely submission of their proposal.

Proposals may not be submitted by via facsimile or electronic mail.

F. Withdrawal or Modifications – A proposal may be withdrawn or changed by a written and signed request by the firm prior to the final deadline. If firms do not make this request before the final deadline, the firm shall be obligated to fulfill the terms of their proposal as submitted. In the event a proposer seeks to withdraw and modify a proposal, the modified proposal must be submitted before the applicable submission deadline.

G. Addenda – In the event that any portion of this RFP is changed, the City will provide addenda via fax or e-mail to all firms who have received an RFP. The signed addenda must be included with the RFP submittal. Submittals received without the applicable addenda may be rejected as incomplete.

H. Responsiveness – All submittals will be reviewed by the City to determine compliance with all requirements and instructions as specified in the RFP.

Firms are notified that failure to comply with any part of the RFP may result in the rejection of the submittal as non-responsive.

The City also reserves the right, at its sole and absolute discretion to waive minor administrative irregularities or errors.

I. Costs – The City will not be liable for any costs incurred by the Proposer in preparing and responding to this RFP. The Proposer shall not include any precontractual expenses as part of the proposed cost.

J. Legal Authorization – All forms and documentation included in this RFP must be signed and dated by a person authorized to legally bind the Proposer to a contractual relationship with the City.

K. Conflict of Interest – Proposer is required to issue a brief statement disclosing potentially conflicting interests including:
a. Any litigation involving the Proposer or the Proposer’s personnel which is adverse to the City; and

4 b. Consulting services currently being provided or provided within the last four years to any person, corporation, partnership, or other entity that made application to the City for a discretionary land use entitlement or City project.

L. Rejection of Submittals – The City reserves the right at its sole discretion to reject any and all submittals received without penalty as result of this RFP. a. A proposal may be immediately rejected if:
i. It contains misrepresentative or misleading information; ii. It is received at any time after the exact date and time set for receipt of proposals;
iii. It does not meet the required specifications or terms and conditions as prescribed;
iv. It is not prepared in the format outlined in this RFP; v. It is signed by an individual not authorized to represent the Proposer; vi. Proposer is involved in outstanding litigation that could impinge on its ability to complete the responsibilities and obligations of the proposal; vii. Any other reason in the City’s sole and absolute discretion.

M. No Guarantee of Contract – No guarantee is made that any contract will be awarded in response to this RFP.

N. Insurance Coverage – If a Proposer is selected, all insurance documentation will be provided to the City prior to the execution of a contract at the expense of the Proposer. All insurance requirements are included as a provision of the contract.

O. Sub-consultants – Proposer shall identify any sub-consultants and describe the responsibilities that will be assigned to them. The same level of references and background information required for Proposers shall be required of sub-consultants.

P. Acceptance of Conditions – Proposer shall include a statement offering the acceptance of all conditions listed in the RFP document (including, but not limited to, all the conditions reflected in the sample Professional Services Agreement) which shall be submitted with the proposal.

Q. Public Record – All proposals submitted in response to this RFP will become the property of the City upon submission and a matter of public record pursuant to applicable law. City reserves the right to make copies of

5 all proposals available for inspection and copying by interested members of the public as records of the City and City shall be under no obligation to the Proposer to withhold such records. In so far as a proposal contains information that the Proposer regards as proprietary and confidential, it shall be the responsibility of the Proposer (and not the City) to specifically identify which items of information are proprietary and clearly identify in writing which specific pieces of information are proprietary. It shall be insufficient for the Proposer to merely identify the entire proposal or an entire page or set of pages of proprietary. With respect to information deemed proprietary, the procedures set forth under subsection (T) below shall be observed. Not-to-exceed sums, hourly rates and the like that may be set forth in a proposal shall not constitute proprietary information nor shall any information readily available to the general public or any other information not regarded as proprietary and confidential under federal or state law.

R. Right to Request Additional Information – During the evaluation process the City reserves the right, where it may serve the City’s best interest, to request additional information or clarifications from Proposers, or to allow corrections of errors or omissions. At the discretion of the City, firms submitting proposals may be requested to make oral presentations as part of the evaluation process.

S. Additional Services – The Scope of Work describes the minimum baseline level of services required for the services contemplated under this RFP, however, cost-effective proposals that exceed the minimum levels of service are welcome. Upon final selection of the firm, the Scope of Work may be modified and refined during negotiations with the City to account for the performance of services that exceed the baseline level called for under this RFP.

T. Conflict of Interest - By signing the Agreement, the successful Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with the award of the Agreement or any work for the proposed project. For the term of the Agreement, no elected or appointed official, officer or employee of the City, during the term of his/her service with the City and for two (2) years following his/her termination of office or employment with the City, shall have any direct interest in the Agreement, or obtain any present, anticipated or future material benefit arising therefrom.

U. Confidential Information - City reserves the right to make copies of a Proposer’s proposal available for inspection and copying by members of the public, (including proposals which may contain information the Proposer regards as proprietary in nature), unless the City’s legal counsel determines that the information which the Proposer regards as proprietary may be withheld pursuant to applicable provisions of the California Public Records

6 Act (Govt. Code Section 6250 et seq.) or other applicable state or federal law. In the event City proposes to disclose records containing information the Proposer has specifically identified as being proprietary and confidential, City shall notify the Proposer in writing of its intent to release such information and the Proposer shall have five (5) working days after City’s issuance of its notice to give City written notice of Proposer’s objection to the City’s release of proprietary information. City will not release the proprietary information after receipt of the objection notice from the Proposer unless: (i) the objection notice is not received by the City until after the close of business on the 5th day following City’s issuance of the notice of intent to disclose; (iii) ordered to release the information by a court of competent jurisdiction; or (iii) the Proposer’s objection notice fails to include a fully executed indemnification agreement wherein the Proposer agrees indemnify, defend and hold harmless the City, and its elected and appointed officials, officers, directors, employees and agents from and against all liability, loss, cost or expense (including attorneys’ fees) arising out of any legal action brought to compel the release of records containing the proprietary information which the Proposer wishes to withhold. Again, the Proposer must specifically identify the information it deems proprietary.

V. TERMS AND CONDITIONS
A. Certification
By submitting a proposal, Proposer certifies that it has fully read and understands this RFP and has full knowledge of the nature, scope and scale of services and tasks that are to be performed under this RFP. Proposer also certifies that its proposal was prepared without prior understanding, agreement or connection with any other Proposer submitting a proposal from this RFP, and is in all respects fair and without collusion or fraud, so that all proposals will result from free, open and competitive proposing among all Proposers.

B. Reserving Rights
The City reserves the right to reject any and all proposals received as a result of this RFP. City’s potential award of a contract will not be based on any single factor nor will it be based solely or exclusively on the lowest cost proposal. If a contract is awarded, it will be awarded to the proposer who in the judgment of the City has presented an optimal balance of relevant experience, technical expertise, technological innovation, price, quality of service, work history and other factors which the City may consider relevant and important in determining which proposal is best for the City.

C. Assignment and Guarantee
No assignment by the Proposer of the contract or any part thereof, or of funds to be received hereunder, is binding unless the City has given written consent before such assignment. There is also no guarantee of a minimal amount of work or compensation for any Proposer selected for contract negotiations.

7 D. Financial Responsibility for Proposal Costs
The City accepts no financial responsibility for any costs incurred by the Proposer in responding to this RFP. Proposals will become the property of the City and may be used by the City in any way deemed appropriate. Received proposals will not be returned to the Proposer.

E. Clarification
Should discrepancies or omissions be found in this RFP or should there be a need to clarify this RFP, questions or comments should be emailed to Richard Iglesias, City Clerk, at [email protected]. The City shall not be responsible for, nor be bound by, any oral instructions, interpretations or explanations issued by the City.

F. Discrimination
The Proposer and all subcontractors must not discriminate, nor permit discrimination against any person on the grounds of race, national origin, sex, handicap, sexual orientation, or veteran status in their employment practices, in any of their contractual arrangements, in all services and accommodations they offer the public or in their business operations.

G. Indemnification
Proposer, at its own expense and without exception, shall indemnify, defend and pay all damages, costs, expenses, including attorney fees, and otherwise hold harmless the City, its employees and agents from any liability of any nature or kind in regard to the preparation or presentation of a proposal in response to this RFP.

H. Gratuity Prohibition
Proposer shall not offer any gratuities, favors or anything of monetary value to any official, employee or agent of the City for the purpose of influencing consideration of this proposal.

VI. PROPOSAL CONTENT
The RFP must provide information in the same order as presented in this document.

A. General Overview/Cover Letter – Introduction of the firm including a general description of the firm’s qualifications and experience, with emphasis on previous projects similar to the one proposed here. Along with introductory remarks, the proposal shall include the following information:
a. Name, address, principal place of business, telephone number, and fax number/e-mail address of legal entity with which contract would be written.

8 b. Name, title, address, e-mail address, and telephone number of each principal officer.
c. Legal status of the firm (partnership, corporation, etc.) and the year the entity was organized to do business as the entity now substantially exists. d. Documentation on the financial status of the firm to ensure the firm will continue in business through the contract period and finance the costs of adequate personnel and other support requirements.

B. Organizational Information – Proposer will include an organizational chart, resumes, and certifications for the firm that clearly demonstrates their abilities, skill level, and experience to accomplish the required tasks.

C. Previous Experience – Proposer will provide a minimum of five (5) examples of comparable work in the last five years which best demonstrates the qualifications and ability of the proposed team to accomplish the work as outlined in the Scope of Services section of this RFP. A minimum of three (3) references and maximum of five (5) references shall be provided. Information submitted shall include the name of the client with current address, telephone number, e-mail address, and contact person for each reference. The City reserves the right to contact any of the listed references at any time and make any other reasonable investigation into the consultant’s background and experience.

D. Procedures and Methodology – The Proposer should demonstrate their understanding of the needs of the City and the objectives of the work proposed.

Proposal shall provide a detailed description of the firm’s proposed approach demonstrating how the objectives will be accomplished as outlined in the Scope of Work.

E. Proposed Staffing and Project Team - This section should establish qualifications and experience of staff that will be assigned to the City. Also, identify key personnel to be assigned and their qualifications and experience (detailed).

F. Other Information to Include
• Education, experience, applicable professional credentials of project staff that will be assigned to City
• Provide the identity of key personnel proposed: person’s name, current location, proposed position, current assignment, level of commitment, and how long each person has been with the firm
• A statement that key personnel will be available for the duration of the scope of services and acknowledgement that no person designated as key personnel shall be removed or replaced without the prior written notification to the City.

9 • It is important that key personnel proposed have the background, experience and qualifications to properly perform the work detailed in the scope of services G. Insurance - Provide a copy of the firm’s current insurance certificates.

H. Fee - Proposal Sheet with hourly rates of all staff levels anticipated to match the scope of services. Scope of Services broken into task and work to be completed as part of each task including a timeline.

I. Compensation Plan – Consultant shall perform the various services and tasks set forth in the Scope of Work in accordance with the work schedule which will be mutually determined for each project between the Consultant and City staff.

Compensation will be paid to the consultant in monthly increments as the Work is completed.

J. Quality Control – The Proposer shall describe the firm’s policies and procedures for assuring high quality work, including monitoring of any proposed sub-contracts.

VII. EVALUATION PROCEDURES
A. Selection Committee
Proposals submitted will be evaluated by City staff, which shall be selected by the City Manager.

B. Review of Proposals
City staff will use a point formula during the review process to individually score Proposals, as outlined in Section C below, “Proposal Evaluation Criteria.” City staff will then be convened to review and discuss the evaluations and combine the individual scores to arrive at an average composite score for each firm.

Firms that do not meet the “Mandatory Elements” listed in Section C1 below will be eliminated from further consideration.

After the composite Project Proposal score for each firm has been established based upon the “Qualitative Evaluation” criteria listed in C2, the firms with the three (3) highest score may be recommended by the Finance Director to participate in an oral presentation/interview with the Selection Committee as outlined below.

C. Project Proposal Evaluation Criteria
Proposals will be evaluated using two (2) sets of criteria. Firms meeting the mandatory elements will have their proposals evaluated and scored. The following represent the principal selection criteria which will be considered during the evaluation process. City reserves the right to select any firm that submits a complete and timely proposal notwithstanding the firms overall score in relation to other firms.

10 1. Mandatory Elements
a. The firm is an independent contractor properly licensed to practice in California.
b. The firm has no conflict of interest with regard to any other work performed by the firm for the City.
c. The firm adheres to the instructions in this RFP on preparing and submitting the proposal.

2. Qualitative Evaluation (Maximum Point = 100)
a. Experience and Performance (50 Points):
i. The firm’s past experience and performance on specific government engagements (i.e. references).
ii. Distinguishing features, skill and/or services (These may include demonstrated experience of the assigned staff to the project). iii. Firm’s statement on why it believes itself to be best qualified (cover letter).
b. Ability to complete work in a timely manner and references (25 points) c. Cost/Value to City (and/or applicants) (25 points)
i. Reasonable rate for Project services
ii. Ability to stay within budget.

3. Oral presentation/interview (At the option of the City) The Proposers with the three highest combined scores should expect to be interviewed by the City staff on the date listed in the RFP. Upon completion of the interviews and negotiation of compensation, and/or terms and conditions a contract shall be prepared and submitted to the City Council for approval.

VIII. PROPOSAL SUBMITTAL
Three (3) hard copies of the proposal shall be presented in an envelope or package. Hard copies should be bound and include the name of the Proposer and the title “City of Cudahy Municipal Security Guard Services RFP.” The envelope of package shall bear the name, address, and telephone number of the individual or entity submitting the proposal and shall be addressed as follows:

11 Office of the City Clerk
City of Cudahy
5220 Santa Ana Street
Cudahy, CA 90201
Proposals can be hand delivered or mailed to the address listed above. Proposals will not be accepted by fax or e-mail.

The proposal shall be delivered to the above address on or before 3:00 P.M. on November 10, 2022.

X. STAFF CONTACT
For inquiries, please contact Andres Rangel at (323) 773-5143 or email at [email protected]
Issued by:

CITY OF CUDAHY
City Manager’s Office
____________________________
Andres Rangel
Management Analyst

APPENDIX A

SAMPLE CONTRACT

PROFESSIONAL SERVICES AGREEMENT
([Replace w/ Name of Consultant - Replace w/ Brief Description of Engagement] ) THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this ___________day of _________________ 20______ (hereinafter, the “Effective Date”), by and between the CITY OF CUDAHY, a municipal corporation (“CITY”) and [____REPLACE WITH NAME OF CONSULTANT____], a [___REPLACE WITH TYPE OF ENTITY, E.G., CORPORATION? PARTNERSHIP? SOLE PROPRIETORSHIP? ETC.____] (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.

WHEREAS, CITY wishes to engage CONSULTANT to provide the following specialized services:__________________________; and
WHEREAS, CITY’s in-house personnel is presently unable to perform the specialized services and tasks contemplated under this Agreement; and WHEREAS, CONSULTANT possesses the specialized training, skill, expertise and experience required to perform the services contemplated under this Agreement; and WHEREAS, CONSULTANT agrees to perform the various services and tasks set forth under this Agreement subject to the terms and conditions set forth herein; and 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 set forth in this Agreement hereto, CONSULTANT agrees to perform the services and tasks set forth in Exhibit “A” (hereinafter referred to as 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 [___REPLACE TEXT WITH TERM PERIOD: X# of DAYS? MONTHS? YEARS?] commencing from [_REPLACE TEXT WITH START DATE OF TERM: CAN BE EITHER the “EFFECTIVE DATE”? SOME OTHER DATE?]. [OPTIONAL LANGUAGE: Upon the conclusion of the Term, this Agreement shall renew automatically for a maximum of [_MAXIMUM

NUMBER OF EXTENSION TERMS AND MAXIMUM DURATION OF EACH
SUCH EXTENSION TERM. EDITOR’S NOTE: IT IS RECOMMENDED THAT

ANY INDIVIDUAL EXTENSION TERM NOT EXCEED ONE YEAR IN DURATION

AND THAT THE TOTAL NUMBER OF EXTENSION TERMS NOT EXCEED A MAXIMUM OF TWO YEARS BEYOND THE END OF THE INITIAL TERM] …….., unless CITY issues written notice of its intent not to authorize an additional extension term(s). 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.

1.3 COMPENSATION:

A. CONSULTANT shall perform the various services and tasks set forth in the Scope of Services in accordance with the compensation schedule which is [_____THIS LANGUAGE MAY VARY DEPENDING ON THE LOCATION OF ANY APPLICABLE COMPENSATION SCHEDULE – SOME SCHEDULES

ARE EMBEDDED IN THE SCOPE OF SERVICES WHILE OTHERS CAN BE

FOUND IN A SEPARATE STAND-ALONE SCHEDULE WHICH SHOULD BE ATTACHED AS AN EXHIBIT TO THE AGREEMENT______] (hereinafter, the “Approved Rate Schedule”).

B. Section 1.3(A) notwithstanding, CONSULTANT’s total compensation during the Term of this Agreement or any extension term shall not exceed the budgeted aggregate sum of [___REPLACE WITH NOT-TO-EXCEED SUM____] (hereinafter, the “Not-to-Exceed Sum”), unless such added expenditure is first approved by the CITY acting in consultation with the Superintendent and the Director of Fiscal Services. In the event CONSULTANT’s charges are projected to exceed the Not-to-Exceed Sum prior to the expiration of the Term or any single extension term, 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.

1.4 PAYMENT OF COMPENSATION: Reserved; No text.

1.5 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.

1.6 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.

II.

PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVES: The CITY hereby designates the Superintendent and [____REPLACE WITH TITLE OF CITY REPRESENTATIVE WHO WILL BE

ENGAGED IN THE DAY-TO-DAY ADMINISTRATION OF THE
CONTRACT_______] (hereinafter, the “CITY Representatives”) to act as its representatives for the performance of this Agreement. The Superintendent shall be the chief CITY Representative. The CITY Representatives or their designee shall act on behalf of the CITY for all purposes under this Agreement.

CONSULTANT shall not accept directions or orders from any person other than the CITY Representatives or their designee.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates [__INSERT NAME AND TITLE OF PERSON WHO IS CONSULTANT

REPRESENTATIVE FOR PURPOSES OF CONTRACT
ADMINISTRATION________] 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 Representatives at all reasonable times. All work prepared by CONSULTANT shall be subject to inspection and approval by CITY Representatives or their 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 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) calendars days from the date of discovery or such other extended period of time authorized by the CITY Representatives in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any 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 term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and 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 Representatives 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 re-assigned to perform any of the Work.

2.8 COMPLIANCE WITH LAWS: CONSULTANT shall keep itself informed of and in compliance with all applicable federal, State or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws shall include without limitation compliance with all applicable Cal/OSHA requirements.

2.9 NON-DISCRIMINATION: In the performance of this Agreement, CONSULTANT shall not discriminate against any employee, subcontractor, subconsultant, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition.

2.10 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 polices 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 according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representatives are authorized to authorize lower ratings than those set forth in this Section.

3.4 PRIMACY OF CONSULTANT’S INSURANCE: All polices 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 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, 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 7.1 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, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under Sections 5.2.B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSULTANT shall cure the following Events of Defaults within the following time periods:
i. Within three (3) 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 3-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 3-day cure period.

The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2 B.i. that exceeds seven (7) calendar days from the end of the initial 3-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.

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

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data shall be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, drawings, designs, renderings, specifications, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of 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 subconslutants 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 if disclosure

is 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: CITY:
[_REPLACE WITH Business Name of
Consultant_]
[_REPLACE WITH Business
Address_]
Attn: [_REPLACE WITH Name/Title of
Consultant’s chief contact ___]
Phone: [_REPLACE WITH Phone
Number_]
Fax: [_REPLACE WITH Fax
Number__]
Email: [_If available, REPLACE WITH
e-mail or simply delete_]
City of Cudahy
[Insert Name of Department/Division]
5220 Santa Ana Street
Cudahy, CA 90201
Attn: [___Title of CITY Contact___]
Phone: [___REPLACE WITH Dept
Phone__]
Fax: [___REPLACE WITH Dept
Fax___]
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 is 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 and indemnification.

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

6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY 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.

6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limits, 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 6.15, 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:______________________________
[REPLACE WITH BUSINESS NAME OF
CONSULTANT, E.G., ACME CORP., A
CALIFORNIA CORPORATION ETC.]:

Alfonso Noyola, City Manager
Date:_____________________________

By:______________________________
Name:____________________________
Title:_____________________________
Date:_____________________________
APPROVED AS TO FORM:

By:______________________________

Date:_____________________________

APPENDIX B

MUNICIPAL FINANCIAL ADVISORY SERVICES RFP

SUMMARY SHEET
Firm Name:____________________________________________________________ Firm Parent or Ownership: ________________________________________________ Firm Address: __________________________________________________________ ______________________________________________________________________ Firm Telephone Number: _____________________ Fax Number: _________________ Firm Email Address: _____________________________________________________ Firm Website: __________________________________________________________ Number of years in existence: _____________________
Management Contact (person authorized to sign an agreement for the firm; and ultimately responsible for services required for this Request for Proposal:

Name: _____________________________________ Title: ______________________ Telephone Number: __________________________ Fax: ______________________ Email: ________________________________________________________________ Types of series provided by your firm: _______________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

APPENDIX C

MUNICIPAL FINANCIAL ADVIROSY SERVICES RFP
CERTIFICATION OF FIRM’S ACCEPTANCE OF CITY OF
CUDAHY’S PROFESSIONAL SERVICES AGREEMENTAND
PROPOSAL FOR MODIFICATION OF TERMS (if any)
By signing this form below, the firm certifies that the attached Agreement in Appendix B is acceptable to the firm and will be signed upon selection of the firm to perform consulting services for the City of Cudahy, except for request for modification of the agreement (if any), as specifically described below (or listing modifications by number that refer to attached sheets if necessary).

Name and Signature of Firm’s Management Representative authorized to sign an agreement:

Name Title
Signature Date
Firm Name:

APPENDIX D

MUNICIPAL FINANCIAL ADVISORY SERVICES RFP

FALSE CLAIMS FORM

CITY OF CUDAHY

CITY HALL
5220 SANTA ANA STREET
CUDAHY, CALIFORNIA 90201

FALSE CLAIMS/

FALSE CLAIMS ACT CERTIFICATION
(MUNICIPAL FINANCIAL ADVISORY SERVICES RFP)
Proposer shall provide either the certification requested below or the information requested on the next page. Failure to certify or provide the requested information may result in a determination that the Proposer is non-responsive and City may reject the proposal on this basis. Failure to fully and accurately provide the requested certification or information may result in a determination that the Proposer is not responsible and City may reject the proposal on this basis as well. “False Claims Act”, as used herein, is defined as either or both the Federal False Claims Act, 31 U.S.C. Sections 3729 et seq., and the California False Claims Act, Government Code Sections 12650 et seq.

FALSE CLAIMS ACT CERTIFICATION
If the Proposer has no False Claims Act violations as described above, complete the following:

I, , am the ______________________________
(Print name of person responsible for submitting proposal) (Title with proposing entity) of________________________________________________(hereinafter, “Proposer”). (Print Name of Proposing Entity)
In submitting a proposal to the City of Cudahy, I, hereby certify that neither Proposer nor any person who is an officer of, in a managing position with, or has an ownership interest in Proposer has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act as defined above.

I declare under penalty of perjury that the foregoing is true and correct.

Executed this day of at ______________________________
(month and year) (city and state)
By
(Signature of Person Responsible for Submitting Proposal on behalf of Proposer)

FALSE CLAIMS ACT VIOLATIONS INFORMATION
(1) Date of Determination of Violation: _ _____
______________________________________________________________________ (2) Identity of tribunal or court and case name or number, if any: _________________ ______________________________________________________________________ (3) Government Contract or project involved: ________________________________ ______________________________________________________________________ (4) Government agency involved: _________________________________________ ______________________________________________________________________ (5) Amount of fine imposed: ______________________________________________ (6) Exculpatory Information: _______________________________________________ ______________________________________________________________________ ______________________________________________________________________

DECLARATION
I, , the _____
(Print name of person responsible for submitting proposal) (Title with proposing entity) of ________________________________________________(hereinafter, “Proposer”) (Print Name of Proposing Entity)
I declare under penalty of perjury that the above information is true and correct.

Executed this day of at ______________________________
(month and year) (city and state)
by ___________________________________________________________________ (Signature of Person Responsible for Submitting Proposal on behalf of Proposer)

END OF DOCUMENT

APPENDIX E

MUNICIPAL FINANCIAL ADVISORY SERVICES RFP

CIVIL LITIGATION HISTORY

CITY OF CUDAHY

CITY HALL
5220 SANTA ANA STREET
CUDAHY, CALIFORNIA 90201

CIVIL LITIGATION HISTORY/

CIVIL LITIGATION CERTIFICATION
(MUNICIPAL FINANCIAL ADVISORY SERVICES RFP)
Proposer shall provide either the certification requested below or information requested on the next page. Failure to provide such certification or information may result in a determination that the Proposer is nonresponsive. Failure to fully and accurately provide the requested certification or information may result in a determination that the Proposer is not responsible. For the five (5) years preceding the date of submittal of this Proposal, identify any civil litigation arising out of the performance of a procurement contract within the State of California in which any of the following was a named plaintiff or defendant in a lawsuit brought by or against the entity soliciting Proposals: the Proposer submitting the instant Proposal, including any person who is an officer of, or in a managing position with, or has an ownership interest in the entity submitting the Proposal. Do not include litigation which is limited solely to enforcement of mechanics' liens or stop notices.

Provide on the following page labeled “Civil Litigation History Information:” (i) the name and court case identification number of each case, (ii) the jurisdiction in which it was filed, and (iii) the outcome of the litigation, e.g., whether the case is pending, a judgment was entered, a settlement was reached, or the case was dismissed.

CIVIL LITIGATION CERTIFICATION
If the Proposer has no civil litigation history to report as described above, complete the following:

I, , am the ______________________________
(Print name of person responsible for submitting Proposal) (Title with Proposing Entity) of _______________________________________________(hereinafter, “Proposer”). (Print Name of Proposing Entity)
In submitting a Proposal to the City of Cudahy for Municipal Financial Advisory Services, I, hereby certify that neither Proposer nor any person who is an officer of, in a managing position with, or has an ownership interest in Proposer has been involved in civil litigation as described, above.

I declare under penalty of perjury that the foregoing is true and correct.

Executed this day of at
(month and year) (city and state)
by
(Signature of Person Responsible for Submitting Proposal on behalf of Proposer)

CIVIL LITIGATION HISTORY INFORMATION
(1) Name of Case: _____________________________________________________ ______________________________________________________________________ (2) Court case identification number: _______________________________________ (3) Jurisdiction in which case was filed: _____________________________________ (4) Outcome of the case: ________________________________________________ ______________________________________________________________________ ______________________________________________________________________ (5) Name of Case: _____________________________________________________ ______________________________________________________________________ (6) Court case identification number: _______________________________________ (7) Jurisdiction in which case was filed: _____________________________________ (8) Outcome of the case: ________________________________________________ ______________________________________________________________________ ______________________________________________________________________

DECLARATION
I, ____, the
(Print name of person responsible for submitting Proposal) (Title with Proposing Entity) of (hereinafter, “Proposer”)
(Print Name of Proposing Entity)
I declare under penalty of perjury that the above information is true and correct.

Executed this day of at ______________________________
(month and year) (city and state)
by ___________________________________________________________________ (Signature of Person Responsible for Submitting Proposal on behalf of Proposer)

END OF DOCUMENT

Attachment B Page 90 of 283
----/G AMERICAN GLOBAL SECURITY ®
Table of Contents
Table of Contents ............................................................................................................. 2 Letter of Transmittal ..................................................................................................... 3-4 History of our Firm ............................................................................................................ 5 Premier Accounts ............................................................................................................. 6 General Staffing ............................................................................................................ 6-7 Executive Resumes ................................................................................................... 8-11 City of Cudahy ............................................................................................................... 12 General Staffing and Regional Offices ...................................................................... 13 Service Location Map ................................................................................................... 14 Related Security Experience .................................................................................. 15-17 References ................................................................................................................ 18-23 Recruitment Practices- Policies and Procedures ............................................... 24-27 Approach to the Scope of Work .............................................................................. 28-30 Training Plan and Programs ................................................................................... 31-37 Uniform and Equipment .......................................................................................... 38-44 Patrol Vehicle lnformation ....................................................................................... 45-46 Mobilization & Deployment of Security Personnel & Equipment.. .......................... 47 AGSTrac® Reporting System ................................................................................. 48-54 Comprehensive Security Guard Supervision ............................................................. 55 Project Schedule ...................................................................................................... 56-58 Project Staff ............................................................................................................... 59-60 Important Statements ................................................................................................... 61 COi .................................................................................................................................. 62 PPO License .................................................................................................................. 63 Cost Proposal ........................................................................................................... 64-65 Project Controls ............................................................................................................. 66 Appendix .................................................................................................................... 67-74 CITY OF CUDAHY - SECURITY SERVICES I American Global Security, Inc. Page.2 t l
(.

2023

PROFESSIONAL SERVICES AGREEMENT
(Engagement: Uniformed Security Guard Services)
(Parties: American Global Security, Inc. and City of Cudahy) 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 AMERICAN GLOBAL SECURITY, INC. (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.

RECITALS
WHEREAS, CITY requires a qualified uniformed security guard service provider; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:

I.

ENGAGEMENT TERMS

1.1TERM: This Agreement shall have a term commencing from the Effective Date through May ____, 2026 (hereinafter, the “Term”) and may be extended by the City administratively a maximum of two (2) one-year extension terms. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below.

1.2 SCOPE OF SERVICES:

A. Subject to the terms and conditions set forth in this Agreement and all exhibits attached and incorporated hereto, CONSULTANT agrees to perform the services and tasks set forth in Exhibit “A” (hereinafter referred to as the “Scope of Work”). 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 Work. For the purposes of this Agreement, the aforementioned services and tasks set Attachment CPage 166 of 283

forth in the Scope of Work shall hereinafter be referred to generally by the capitalized term “Work”.

1.3 COMPENSATION: CONSULTANT shall perform the Work in accordance with the “Scope of Work” which is attached and incorporated hereto as Exhibit “B” (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the aggregate budgeted sum of SIXTY THOUSAND DOLLARS ($60,000.00) (hereinafter, the “Not-to-Exceed Sum”) during the Term of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Aggregate Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Aggregate Not-toExceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.

1.4 PAYMENT OF COMPENSATION: The Not-to-Exceed Sum will be paid to CONSULTANT in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONSULTANT will submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT’s monthly compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice.

Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.

1.5 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

1.6 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other

work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.

II.

PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVE: The CITY hereby designates *place holder* (hereinafter, the “CITY Representative”) to act as its representative for the performance of this Agreement. The CITY Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the CITY Representative or their designee.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Sulaiman Abdul, Vice President to act as its representative for the performance of this Agreement (hereinafter, “CONSULTANT Representative”). CONSULTANT Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. CONSULTANT Representative or designee will supervise and direct the performance of the Work, using his best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONSULTANT Representative will constitute notice to CONSULTANT.

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the CITY Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by CITY Representative or his or her designees.

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

A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative.

C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.) CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.

The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the CITY Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.

2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT

are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.

2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.

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

2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the CITY Representative to be uncooperative, incompetent, a threat to the

adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.

2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the U.S.

Department of Housing and Urbanization.

2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.

CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.

CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.

III.

INSURANCE

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

A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per

occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.

C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.

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

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

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

3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation

against CITY, its officials, officers, employees, agents and volunteers.

3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’s financial well-being and, indirectly, the collective well-being of the residents of the CITY.

Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work or any of the Work. Upon CITY’s written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.

3.7 CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work to be performed hereunder. The policy shall provide coverage for CONSULTANT’s professional liability in an amount not less than One Million Dollars ($1,000,000) per occurrence and in the aggregate. The abovementioned insurance shall not contain a self-insured retention, deductible, or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims-made policy shall be acceptable if the policy further provides that; (i) the policy restrictive date coincides with or precedes the initiation of the Scope of Work (including subsequent policies purchased as renewals or replacements); and (ii) CONSULTANT shall notify the CITY of circumstances or incidents that might give rise to future claims. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from Work performed in connection with this Agreement.

3.8 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, CITY may cancel this Agreement effective upon notice.

3.9 SPECIAL RISKS OR CIRCUMSTANCES. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

IV.

INDEMNIFICATION

4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “CITY Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.

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

4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the CITY Indemnitees under this Article, or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

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

4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees

to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.

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

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

V.

TERMINATION

5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.

CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.

CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events

of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSULTANT will cure the following Events of Defaults within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.

Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’

disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.

C. CITY will cure any Event of Default asserted by CONSULTANT within fortyfive (45) calendar days of CONSULTANT’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.

D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.

E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.

No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

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

i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.

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

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

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

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

VI.

MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all

copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

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

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

CONSULTANT: CITY:

American Global Security, Inc.

Attn: Sulaiman Abdul
9420 Topanga Canyon Blvd.

Chatsworth, CA 91311
Phone: (818) 350-1000
City of Cudahy
*place holder*
Attn: *place holder*
5220 Santa Ana Street
Cudahy, CA 90201
Phone: (323) 773-5143 ext. 228
Such notices will 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 will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

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

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

6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

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

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

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

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

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

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

6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.

6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section

6.16, above.

6.20 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section

6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and one fully executed original will be retained by CITY. (SIGNATURES ON NEXT PAGE)

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

CITY OF CUDAHY:

By:

Alfonso Noyola, ICMA-CM
City Manager
Date:____________________________
American Global Security, Inc.:

By:

Sulaiman Abdul
Vice President
Date:____________________________
APPROVED AS TO FORM:

By:

City Attorney
Date:____________________________

EXHIBIT “A”

SCOPE OF WORK

Scope of Work
American Global Security, Inc. shall provide security guard and patrol services City of Cudahy parks and facilities to actively patrol city parks and facilities under a prearranged schedule. The patrolling of the area will be supplemented with a motorized vehicle. The uniformed security officer will be present at all times in areas pertaining to the pre-arranged schedule. Security personnel will immediately report suspicious activity and contact the appropriate emergency personnel in situations where safety is compromised, or criminal activity is evident. Security officer will be highly visible and identified as a professional security guard and highly vigilant in actively patrolling while on duty. The security officer will maintain a constant and visible presence around and throughout the perimeter of Cudahy Park, Cudahy River Park, Clara Park, and Lugo Park when patrolling
When patrolling, security guards will perform the following duties:
• Patrol the locations
• Detect unwanted persons
• Identify hazardous or dangerous situations
• Patrol lobby areas of all buildings
• Write incident reports
• Maintain activity logs
• Assist City personnel as needed with field security activities Security guards patrolling shall have the following licenses and certifications:
• Security Guards will be licensed by the State Department of Consumer Affairs Bureau of Collective and Investigative Services.
• All Security Guards will have a current State of California Driver’s License. • Security Guards will be physically capable of performing all duties as assigned, have no arrest or criminal record (other than minor traffic violations), and present a physical appearance acceptable to the City.
• All Security Guards shall, at minimum, be trained in the use of, and carry, pepper spray. Guards registered as armed Security Guards and carrying firearms must be available upon request.

EXHIBIT “B”

COMPENSATION RATE

Compensation Rate
Contract Term 3 Years
Type Cost Per Hour
Unarmed Foot Patrol $ 25.75
Unarmed Vehicle Patrol $ 31.50
Extension Term 1st Year
Type Cost Per Hour
Unarmed Foot Patrol $ 26.50
Unarmed Vehicle Patrol $ 33.00
Extension Term 2nd Year
Type Cost Per Hour
Unarmed Foot Patrol $ 27.50
Unarmed Vehicle Patrol $ 35.00
Prices includes:
• All wages
• Benefits
• Uniform costs
• Background checks
• Drug testing
• Orientation
• Training
• Allowances
• Differentials

“Serving The People”
Staff Report
05/16/2023 Page 1 of 2

STAFF REPORT
Date: May 16, 2023
To: Honorable Mayor and City Council
From: Alfonso Noyola, City Manager/Executive Director
Subject: Approval of a Professional Services Agreement (PSA) with West Coast Arborist for Tree Maintenance Services

RECOMMENDATION
City Council is requested to award a Professional Services Agreement (PSA)) with West Coast Arborists for tree maintenance services in the amount not-to-exceed $60,000, annually.

BACKGROUND

1. On April 24, 2017, the City Council approved a Professional Services Agreement with West Coast Arborist for tree maintenance services for a four (4) year term with an automatic renewal for a maximum of two (2) one year terms (i.e., April 24, 2017 to April 24, 2023).

2. The current agreement will expire on April 24, 2023.

3. On April 7, 2023, West Coast Arborist provided an updated compensation rate with standard consumer price index increases. No other increases in cost will be applied.

ANALYSIS
The City’s Public Work’s Department currently maintains a tree population of approximately 790 trees (i.e., 475 street trees and 315 city parks). West Coast Arborist has provided tree maintenance services to the City since 2004. Through those years, West Coast Arborist has built a great rapport with the City. The City’s trees have been on a fixed two year trim cycle for tree maintenance (i.e., every two years). Proper trimming improves tree health by eliminating dead or dying branches. Maintaining the trees’ structure helps to alleviate the risk of broken limbs and falling branches, which promotes a safe and clean environment for community members. "Sirviendo A La Comunidad"
Item Number
14B

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
05/16/2023 Page 2 of 2

Staff conducted research to determine the service rates among other cities who contracted West Coast Arborist. The research concluded that our compensation was at a lower rate than comparable cities. If the City Council concurs with this recommendation, West Coast Arborist agrees to have a cost adjustment of 5% to continue to service the City. The PSA term for Cudahy would be April 24, 2023 to April 24, 2026 with two one year extensions.

CONCLUSION
The City recommends approving a Professional Services Agreement (PSA) with West Coast Arborist for tree maintenance services. In the amount not-to-exceed $60,000 budgeted per year. This City Council approval would allow for a fixed tree trimming schedule that would properly maintain the approximate 790 trees in the City.

STRATEGIC PLAN CORRELATION
Goal A Community Services Programs, and Activities for All Ages; Strategy 3 A. Ensure parks are safe and clean.

FINANCIAL IMPACT
The contract total is $60,000 per year. The contract cost has been allocated in this fiscal year budget.

ATTACHMENT
A. Contract Services Agreement with Exhibit

2023

PROFESSIONAL SERVICES AGREEMENT
(Engagement: Tree Trimming Services)
(Parties: West Coast Arborist and City of Cudahy)
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 WEST COAST ARBORIST (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.

RECITALS
WHEREAS, CITY requires a qualified tree trimming service provider; and WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:

I.

ENGAGEMENT TERMS

1.1TERM: This Agreement shall have a term commencing from the Effective Date through May ____, 2026 (hereinafter, the “Term”) and may be extended by the City administratively a maximum of two (2) one-year extension terms. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below.

1.2 SCOPE OF SERVICES:

A. Subject to the terms and conditions set forth in this Agreement and all exhibits attached and incorporated hereto, CONSULTANT agrees to perform the services and tasks set forth in Exhibit “A” (hereinafter referred to as the “Scope of Work”). 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 Work. For the purposes of this Agreement, the aforementioned services and tasks set forth in the Scope of Work shall hereinafter be referred to generally by the

capitalized term “Work”.

1.3 COMPENSATION: CONSULTANT shall perform the Work in accordance with the “Scope of Work” which is attached and incorporated hereto as Exhibit “A”. The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the aggregate budgeted sum of SIXTY THOUSAND DOLLARS ($60,000.00) (hereinafter, the “Not-to-Exceed Sum”) during the Term of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Aggregate Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Aggregate Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.

1.4 PAYMENT OF COMPENSATION: The Not-to-Exceed Sum will be paid to CONSULTANT in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONSULTANT will submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT’s monthly compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice.

Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.

1.5 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

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

Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.

II.

PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVE: The CITY hereby designates Aaron HernandezTorres, Public Works Director (hereinafter, the “CITY Representative”) to act as its representative for the performance of this Agreement. The CITY Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the CITY Representative or their designee.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Pat Mahoney, President (hereinafter, “CONSULTANT Representative”) to act as its representative for the performance of this Agreement.

CONSULTANT Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement.

CONSULTANT Representative or designee will supervise and direct the performance of the Work, using his best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONSULTANT Representative will constitute notice to CONSULTANT.

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the CITY Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by CITY Representative or his or her designees.

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

A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative.

C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.) CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.

The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the CITY Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.

2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY

has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.

2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.

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

2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the CITY Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat

to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.

2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the U.S.

Department of Housing and Urbanization.

2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.

CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.

CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.

III.

INSURANCE

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

A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general

aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.

C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.

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

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

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

3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.

3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’s financial well-being and, indirectly, the collective well-being of the residents of the CITY.

Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work or any of the Work. Upon CITY’s written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.

3.7 CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work to be performed hereunder. The policy shall provide coverage for CONSULTANT’s professional liability in an amount not less than One Million Dollars ($1,000,000) per occurrence and in the aggregate. The abovementioned insurance shall not contain a self-insured retention, deductible, or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims-made policy shall be acceptable if the policy further provides that; (i) the policy restrictive date coincides with or precedes the initiation of the Scope of Work (including subsequent policies purchased as renewals or replacements); and (ii) CONSULTANT shall notify the CITY of circumstances or incidents that might give rise to future claims. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from Work performed in connection with this Agreement.

3.8 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, CITY may cancel this Agreement effective upon notice.

3.9 SPECIAL RISKS OR CIRCUMSTANCES. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

IV.

INDEMNIFICATION

4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “CITY Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.

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

4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the CITY Indemnitees under this Article, or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

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

4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s

elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.

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

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

V.

TERMINATION

5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.

CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.

CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to

the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSULTANT will cure the following Events of Defaults within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.

Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation;

(iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.

C. CITY will cure any Event of Default asserted by CONSULTANT within fortyfive (45) calendar days of CONSULTANT’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.

D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.

E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.

No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

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

terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.

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

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

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

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

VI.

MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and

Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

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

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

CONTRACTOR: CITY:

West Coast Arborist
Attn: Pat Mahoney,President
2200 E. Via Burton St.

Anaheim, CA 92806
Phone: (714) 991-1900
City of Cudahy
Public Works Department
Attn: Aaron Hernandez-Torres
5220 Santa Ana Street
Cudahy, CA 90201
Phone: (323) 773-5143 ext. 228
Such notices will 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 will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work

required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

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

6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

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

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

6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in

favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.

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

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

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

6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.

6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section

6.16, above.

6.20 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section

6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and one fully executed original will be retained by CITY. (SIGNATURES ON NEXT PAGE)

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

CITY OF CUDAHY:

By:

Alfonso Noyola, ICMA-CM
City Manager
Date:____________________________
West Coast Arborist, Inc.:

By:

Pat Mahoney
President
Date:____________________________
APPROVED AS TO FORM:

By:

City Attorney
Date:____________________________

EXHIBIT “A”

FEE SCHEDULE

1 Utility Line Clearance Each $74.85
2 Utility Tree Only Removal Inch $39.15
3 Grid Pruning (min 350 trees) Each $74.85
4 Annual Palm Pruning Each $74.85
5 Service Request Pruning Each $146.15
6 Young Tree Care Each $40.35
7 Tree and Stump Removal Inch $39.15
8 Tree Only Removal Inch $27.30
9 Stump Only Removal Inch $11.90
10 Plant 15 Gal w/o RB Each $196.05
11 Plant 15 Gal w/RB Each $207.90
12 Plant 24" Box w/o RB Each $350.55
13 Plant 24" Box w/RB Each $380.20
14 Plant 36" Box w/o RB Each $1,004.05
15 Plant 36" Box w/RB Each $1,063.50
16 Plant 48" Box w/o RB Each $2,667.60
17 Plant 48" Box w/RB Each $2,964.65
18 Palm Skinning Linear Foot $16.65
19 Root Pruning Linear Foot $28.50
20 Root Barrier Installation Linear Foot $28.50
21 Tree Watering Man Hour $89.10
22 Arborist Services Man Hour $178.25
23 Crew Rental - per man Man Hour $89.10
24 Emergency Crew Rental - per man Man Hour $118.80
The proposed rates reflect a cost adjustment of 5.0% to help offset the increase in prevailing wage for FY23-24.

CITY OF CUDAHY
Item
Schedule of Compensation for Year 2023 - 2024
Tree Maintenance Services performed by WCA, Inc.

Description Unit Proposed Prices
Printed on: 4/7/2023 8:18:58 AM Page 1 of 1

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STAFF REPORT
Date: May 16, 2023
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, ICMA-CM, City Manager/Executive Director Andres Rangel, Management Analyst
Subject: Adoption of a Proposed Resolution No. 23-18, Establishing a Permanent Overnight Parking Program

RECOMMENDATION
The City Council is requested to review and approve proposed Resolution No. 23-18, establishing a permanent overnight parking program.

BACKGROUND

1. On January 1, 2015, the Citywide Parking Program was initiated as a pilot program based on City Council direction.

2. On June 30, 2016, the City Council extended such program for an additional year and has done so for each subsequent year.

ANALYSIS
The Parking Program was initiated as a pilot program in accordance with public comment and City Council recommendations discussed during the June 8, 2015 City Council meeting and the three corresponding focus group meetings, as well as staff’s recommended modifications which included:
- Incorporation of a daily guest permit;
- Relaxed eligibility requirements (proof of residency, registration, etc.); - Graduated payment structure; and
- Monthly/weekly/annual permit options.

Item Number
14C

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Subsequent to the completion of the initial pilot Parking Program, through the use of the Enabling Just and Sustainable Growth Grant, City staff collaborated with the University of California, Los Angeles, (UCLA) in the preparation and development of the regulatory structure for new development. UCLA researchers provided staff with the recommendation that the City maintain its permit process, with modifications. The program has been taken to council every subsequent year as a parking program.

If adopted, Resolution No. 23-18 would establish a permanent parking program. The program’s policies and procedures shall be established and updated administratively through the authority of the City Manager or designee.

CONCLUSION
It is recommended that the City Council consider and approve proposed Resolution No. 23-18 to formally establish overnight parking permit program policies and procedures.

FINANCIAL IMPACT
No financial impact.

STRATEGIC PLAN CORRELATION
None.

ATTACHMENT
A. Resolution No. 23-18

Attachment A
RESOLUTION NO. 23-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CUDAHY ESTABLISHING A PERMANENT CITYWIDE

OVERNIGHT PARKING PROGRAM
WHEREAS, on September 1, 2015, The Citywide Parking Program was initiated as a pilot program based on City Council’s direction; and WHEREAS, on June 30, 2016 the City Council extended such program for an additional year and has done so each subsequent year; and WHEREAS, the City Council wishes to establish a permanent parking program.

BASED UPON THE ABOVE RECITALS, THE CITY COUNCIL OF THE CITY OF

CUDAHY, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:

SECTION 1. The City Council hereby finds and determines, that the City will establish a permanent overnight parking program.

SECTION 2. The policies and procedures of the program shall be established and updated administratively through the authority of the City Manager or designee.

SECTION 3. The City Clerk shall certify to the passage and adoption of this Resolution and it shall thereupon take effect.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this 16th day of May 2023.

_____________________________
Daisy Lomeli
Mayor
ATTEST:

Richard Iglesias
City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, __________________, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No.23-18 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 16th day of May, 2023, and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:
______________________
Richard Iglesias
City Clerk

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STAFF REPORT
Date: May 16, 2023
To: Honorable Mayor and City Council
From: Alfonso Noyola, City Manager
By: Cecilia Madrigal-Gonzalez, Senior Planner
Concurrence: Juan Arauz, AICP, Community Development Director Subject: Discussion and Direction Regarding Rent Stabilization and Tenant Protect Ordinances

RECOMMENDATION
Staff recommends the City Council review, discuss, and provide feedback on Ordinance No. 736 regarding adoption of rent stabilization in the City of Cudahy and Ordinance No. 737 regarding the adoption of tenant protections for City of Cudahy tenants.

BACKGROUND
• On September 6, 2022, the City Council introduced the first reading of Ordinance No. 725 (Attachment A) establishing a temporary prohibition on residential rent increase for 90- days.
• On September 20, 2022, the City Council held a second reading approving Ordinance No. 725.
• On October 19, 2022, Ordinance No. 725 and the rent increase moratorium went into effect and set to expire on January 18, 2023.
• Between November 2022 and January 2023, the Ad Hoc held meetings to discuss rent stabilization policies to recommend to the City Council. • On January 17, 2023, and at the request of the Ad Hoc, City staff recommended the City Council extend the moratorium on rent increase for an additional 90-days. The extension was requested to allow the Ad Hoc additional time to discuss and develop a rent stabilization ordinance for City Council review. The City Council adopted Urgency Ordinance No. 731 extending the rent increase moratorium for an additional 90-days, set Item Number
14D

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to expire April 17, 2023.
• On April 11, 2023, City staff recommended the Ad Hoc policies and City Council directed City staff to prepare a draft of a rent stabilization ordinance and to ensure inclusion of tenant protections in any draft presented to the City Council. The City Council also adopted Urgency Ordinance No. 735 (Attachment B) extending the rent increase moratorium for an additional 90 days to allow staff time to present the draft ordinance to City Council. The 90- day moratorium is set to expire on July 10, 2023.

DISCUSSION
Rental Market
Cudahy’s housing stock consists of 5,780 housing units and well over half (57.4%) of the City’s housing stock was built prior to 1960.

According to the City’s Housing Element 2021-2029, approximately 85% of households in Cudahy are renter-occupied. 56.3% of renter-occupied households in the City are rent burdened, paying more than 30% of gross income on housing; and 10.2% are severely rent burdened, paying more than half of gross income on housing. The 2021-2029 Housing Element also indicates that the median rental cost is $1,443 per month based on data from the 2021 American Community Survey (“ACS”). The average household size in the City has increased over the years largely due to several trends including increasing family size, shared living space to reduce cost, increasing cost of living, and overcrowding due to lack of available and affordable housing.

Rents in the City and throughout Los Angeles County continue to rise and many residents, particularly low-income households, struggle with paying for rising housing costs and meeting other basic needs such as food, transportation and health care.

The effect of high rents coupled with low incomes, critical shortages of affordable rental housing, and rapidly rising costs for other basic necessities leave residents vulnerable to economic hardship, housing insecurity and displacement, thus threatening the public health, safety and welfare of a substantial number of City residents.

Summary of Rent Stabilization Policies
The proposed Rent Stabilization Ordinance is intended to provide stability with respect to rent increases and housing than those set forth in State law. The proposed policies are intended to protect tenants from excessive rent increases and to promote long-term stability and certainty for tenants in the rental market while providing landlords an ability to receive a fair return on their rental property.

Staff has highlighted a few notable proposed policies below:

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1. Permitted Rent Increases
o Limits annual rent increases for “covered rental units” by no more than the change of CPI, or 4%, whichever is lower.
o Limits the frequency of increases to no more than one increase in any 12-month period and requires 30-days written notice.
o The landlord may not “bank” unused portions of the maximum allowable increase to be imposed in future years.
o The landlord may set the initial rent for new tenancies pursuant to State law.

2. Covered Units/Exemptions
o Applies to residential rental units within City, unless expressly exempt per State or Federal law.
o Exemptions include units built after February 1, 1995, single-family homes, condominiums, and owner-occupied rental property with up to four units.

3. Capital Improvement Pass-Through
o Landlords may pass-through up to 50 percent (50%) of eligible capital improvement costs to the tenants.
o Capital improvements must be for the primary benefit of the tenants, amortized over a useful life of at least five (5) years, and permanently fixed. This includes substantial remodeling and excludes repair & maintenance from normal wear due to landlord’s failure to perform regular maintenance. o Approved increases shall not exceed five percent (5%) of rent (may allow extended amortization period to allow cost-recovery).
o Requires an application to the Community Development Department and written notice to tenants prior to the commencement of any approved capital improvement pass-through charge.

4. Fair Return Petition Process
o Establishes a process for landlord to request a fair return rent adjustment. o The landlord must provide written notice to tenants prior to charging an approved increase.

5. Tenant Petition for Adjustment
o Establishes a process for tenants to file an adjustment to their monthly rental payment obligations due to the landlords unlawful rent/fee increase, failure to maintain habitable premises and decrease in housing services. o Tenants must provide a written notice to landlords prior for the potential violations to allow a reasonable opportunity to correct the issue.

6. Rental Unit Registration

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o Requires landlords to register rental units, establishes and administrative petition process.

If adopted, the proposed ordinance would be administered by the Community Development Department.

STRATEGIC PLAN IMPACT
Goal C Housing Security and Affordability:

1. Implementation of a rent stabilization program may help provide affordable housing opportunities.

FINANCIAL IMPACT
Local rent control will require administration and enforcement. Additional staffing, consulting fees and legal counsel will create costs, which will be dependent on the features of the program and direction given by City Council. At a minimum, City staff anticipated the addition of one (1) new full staff member. While it is anticipated that some costs would be recovered through collection of fees (ex. business license registration for multi-family units subject to rent stabilization), these fees would not fully cover all costs associated with the rent stabilization program. However, such fees may not be charged until a fee is established by resolution of City Council. All initial costs will be appropriated from the City’s General Fund.

CONCULSION
The proposed Ordinance was prepared based on City Council’s direction and input from the Rent Control Ad Hoc Committee and other stakeholders. In addition to the provisions described above, policies and procedures may be established by the Department per the authority provided in the Ordinance. Staff recommends that the City Council consider the introduction of the Ordinance.

ATTACHMENTS
A. Draft Ordinance No. 736
B. Draft Ordinance No. 737
C. Urgency Ordinance No. 735

ORDINANCE NO. 736

AN ORDINANCE OF THE CITY OF CUDAHY, CALIFORNIA ADDING
CHAPTER 5.13 “RENT STABILIZATION” TO TITLE 5, BUSINESS

LICENSES AND REGULATIONS OF THE CUDAHY MUNICIPAL CODE

RESTRICTING RENT INCREASES AND ESTABLISHING OTHER

REGULATIONS APPLICABLE TO CERTAIN COVERED RESIDENTIAL

RENTAL UNITS IN THE CITY
WHEREAS, the City of Cudahy ("City") is a general law city, incorporated under the laws of the State of California; and
WHEREAS, pursuant to its police power, the City may enact and enforce laws within its boundaries that promote the public health, safety, or general welfare of the community, and are not in conflict with general laws; and WHEREAS, cities across Los Angeles County and throughout the State of California are experiencing a housing shortage and affordability crisis; and WHEREAS, per the U.S. Department of Housing and Urban Development (HUD), in 2023 the median monthly rent for a two-bedroom apartment in Los Angeles County is $2,222, representing an 8.7% increase over the following year; and WHEREAS, per the U.S. Census Bureau, the median household income in the City is $47,050, compared to $76,367 in Los Angeles County; and WHEREAS, according to the City’s Housing Element 2021-2029 (“Housing Element”) approximately 85% of households in the City are renter occupied. Of the renter-occupied households, 56.3% are rent burdened, paying more than 30% of gross income on housing; and 10.2% are severely rent burdened, paying more than half of gross income on housing; and
WHEREAS, with high housing costs, low incomes and critical affordable housing shortages, many residents in the City struggle to pay for housing and meet other basic needs such as food, clothing, transportation and healthcare; and Attachment APage 217 of 283
Ordinance No. 736
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WHEREAS, housing instability has been associated with other disruptive effects on vulnerable populations such as overcrowding, poorer health, and negative educational outcomes for children; and
WHEREAS, widespread housing insecurity and rent burdened households leads to heightened risk of displacement and homelessness, and threatens the public health, safety, and welfare of City residents; and
WHEREAS, the City Council of the City of Cudahy (“City Council”) formed an Ad Hoc Committee (the “Ad Hoc Committee”) at the City Council meeting of July 19, 2022, to analyze and study the issue of rent control and to formulate legislative or other appropriate recommendations for City Council consideration; and WHEREAS, on September 20, 2022, the City Council adopted Ordinance No. 725 that went into effect on October 19, 2022, to temporarily restrict rent increases for certain residential properties while the City studied the issue of rent control; and WHEREAS, on January 17, 2023, the City Council adopted Urgency Ordinance No. 731 extending the temporary rent freeze for covered units to allow more time to study and analyze the issue; and
WHEREAS, on April 11, 2023, City staff provided an update to the City Council on the Ad Hoc Committee’s efforts and the City Council directed staff to prepare a rent stabilization ordinance and a tenant eviction protections ordinance for future consideration by the City Council. The City Council also adopted Urgency Ordinance No. 735 further extending the temporary rent freeze for covered units to allow time for the ordinance to be prepared and considered; and
WHEREAS, the California Tenant Protection Act of 2019 (the “Tenant Protection Act”) went into effect on January 1, 2020. Among other provisions, the Tenant Protection Act limits rent increases for rental properties subject to the Act to five percent plus the percentage change in the consumer price index up to a maximum of 10% (Civil Code Section 1947.12); and

Ordinance No. 736
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WHEREAS, the Mobilehome Residency Law (“MRL”), California Civil Code sections 798, et seq., expressly authorizes cities to regulate the setting and/or increasing of rents for the use and occupancy of a mobile home space, subject to certain exceptions; and
WHEREAS, the Costa-Hawkins Rental Housing Act, California Civil Code section 1954.50, et seq., (“Costa-Hawkins Act”) limits the applicability of local rent stabilization policies, including prohibiting local jurisdictions from applying rent control to certain residential rental properties; and
WHEREAS, based on the foregoing, for the preservation of public health, safety, and general welfare of the community, the City Council finds that it is in the interest of the City, residential property owners, residents and community as a whole that the City adopt policies to support affordable housing in the City, including rent stabilization regulations that protect residents from unconstrained rent increases, while recognizing the need for owners of residential real property to receive a fair return; and WHEREAS, this Ordinance intends to comply with the Tenant Protection Act, the MRL, the Costa-Hawkins Act and all other applicable state laws.

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

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

SECTION 2. Chapter 5.13 is hereby added to Title 5 of the Cudahy Municipal Code in its entirety as shown on Exhibit “A”, attached hereto and incorporated by reference herein.

SECTION 3. 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 implement the provisions of this Ordinance.

Ordinance No. 736
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SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase would be subsequently declared invalid or unconstitutional.

SECTION 5. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act pursuant to Section 15060(c)(2), constituting an activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment, and pursuant to Section 15060(c)(3) constituting an activity that is not a project as defined in Section 15378.

SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published or posted as required by law.

This Ordinance shall become effective thirty (30) days after the date of its adoption.

PASSED, APPROVED, AND ADOPTED this ___ day of _______ 2023.

THE CITY OF CUDAHY
________________________________
Daisy Lomeli, Mayor
APPROVED AS TO FORM: ATTEST:

Ordinance No. 736
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________________________________ ________________________________ Stephanie Arechiga Richard Iglesias
City Attorney City Clerk

EXHIBIT “A”
Cudahy Municipal Code
Title 5 - Business Licenses and Regulations
Chapter 5.13 – Rent Stabilization
Article I. Title, Purpose, Definitions and Applicability

5.13.010 Title

5.13.020 Purpose

5.13.030 Definitions

5.13.040 Applicability
Article II. General Provisions

5.13.050 Permitted Rent Increases for Covered Rental Units

5.13.060 Application for Rent Increase for Below Market Rents

5.13.070 Capital Improvement Pass-Through Cost Recovery

5.13.080 Landlord Fair Return Petition for Rent Increase

5.13.090 Tenant Petition for Adjustment

5.13.100 Security Deposits

5.13.110 Rental Unit Registration

5.13.120 Notices to Tenants
Article III. Administration and Enforcement

5.13.130 Enforcement

5.13.140 Administrative Review and Appeals

5.13.150 Administrative Citations

5.13.160 Remedies

5.13.170 Waiver

5.13.180 Severability

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Article I. Title, Purpose, Definitions and Applicability

5.13.010. Title
This Chapter shall be known as the rent stabilization ordinance of the city.

5.13.020. Purpose.

A. The purpose of this Chapter is to protect tenants from excessive rent increases and to promote long-term stability and certainty for tenants in the rental market while providing landlords an ability to receive a fair return on their rental property.

B. This Chapter regulates rents for certain tenancies. It requires landlords to register rental units, establishes an administrative petition process, and provides for procedures and guidelines for the implementation of this Chapter.

5.13.030. Definitions. For the purposes of this Chapter, unless the context requires otherwise, the following definitions shall apply:

A. “Base Rent” means the Rent charged for a Rental Unit in effect on April 11, 2022, when the City Council declared its intent to regulate rent for residential properties in the City, or at the initiation of the Tenancy, whichever is later, plus any rent increase allowed thereafter pursuant to this Chapter.

B. "Capital Improvement" means the addition, substantial repair or replacement of any improvements to dwelling units, buildings, or common areas, which materially adds to the value of the property, appreciably prolongs its useful life or adapts it to new uses, and which is the same type of improvement as those allowed to be amortized over the useful life of the improvement in accordance with the Internal Revenue Code and its regulations and as specified in Section 5.13.070. Capital Improvement does not include normal or routine maintenance or repair or repairs covered by insurance.

C. “City” means the City of Cudahy.

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D. “Code” means the City of Cudahy Municipal Code.

E. “Comparable Unit” means Rental Units that have approximately the same living space and the same or similar number of bedrooms, are located in the same or similar neighborhoods, and feature the same, similar, or equal amenities and housing services.

F. “Consumer Price Index” or “CPI” means the Consumer Price Index for all urban consumers of the Los Angeles-Long Beach-Anaheim, California area, published by the U.S. Department of Labor, Bureau of Labor Statistics, or any successor designation of that index that may later be adopted by the U.S. Department of Labor.

G. “Covered Rental Unit” means any Rental Unit that is not designated as exempt pursuant to Section 5.13.040 of this Chapter.

H. "Department" means the Community Development Department of the City of Cudahy, or other Department designated by the City Council to administer the provisions of this Chapter.

I. “Director” means the Director of the Department, or their designee.

J. “Hearing Officer” means the person designated by the city manager or designee to conduct a review hearing and decide petitions and appeals under this Chapter.

K. "Housing Services" means all services provided by the Landlord related to the use or occupancy of a Rental Unit, including, water, heat, utilities, insurance, maintenance, repairs, painting, elevator service, laundry facilities, janitorial service, refuse removal, furnishings, window shades and screens, parking, storage, security services, recreational areas, right to have specified number of tenants or occupants, allowing pets, communications technologies (internet, cable and satellite services), and any other benefit, privilege or facility that has been provided by the Landlord to the Tenant with use or occupancy of a Rental Unit. Housing Services to a Rental Unit shall include a proportionate part of services provided to

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common facilities of the building or residential complex in which a Rental Unit is contained.

L. "Landlord" means an owner, lessor, sublessor, or any other person entitled to offer any Rental Unit for Rent or entitled to receive Rent for the use and occupancy of a Rental Unit, and the agent, representative, or successor of any of the foregoing. “Landlord” includes an owner of a Mobilehome Park and its agent, representative, or successor.

M. “Mobilehome” means any mobilehome as defined under California Civil Code Section 798.3.

N. “Mobilehome Park” means an area of land located where two or more Mobilehome spaces are rented or leased out for Mobilehomes used as residences.

O. “Rent” means the sum of all periodic payments and all nonmonetary consideration demanded or received by a Landlord from a Tenant for the use or occupancy of a Rental Unit, including Tenant's access to and use of Housing Services. Rent includes, without limitation, the fair market value of goods accepted, labor performed, or services rendered. Rent does not include any of the following: security deposits, utility charges billed separately to the Tenant by the utility company, and pass-through fees and charges authorized pursuant to this Chapter.

P. “Rental Agreement” means an agreement, oral, written, or implied, between a Landlord and Tenant for the use or occupancy of a Rental Unit and related Housing Services.

Q. “Rental Unit” means any dwelling unit, as defined under California Civil Code section 1940 subsection (c) located in the jurisdictional boundaries of the City of Cudahy and that is used or occupied for human habitation in consideration of payment of rent, whether or not the residential use is legally permitted, including Mobilehomes rented by the owner of the Mobilehome, and accessory dwelling

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units. “Rental Unit” also means a Mobilehome Park space located in the jurisdictional boundaries of the City of Cudahy.

R. “Residential Real Property” includes any parcel of land containing one or more dwelling units intended for human habitation.

S. “Service Reduction” means any decrease or diminution in the level of Housing Services provided by the Landlord on or after the effective date of this Chapter, including but not limited to, services the Landlord is required to provide pursuant to:

1. California Civil Code section 1941 et. seq.;

2. The Landlord's implied warranty of habitability, which cannot be contractually excluded or waived;

3. A Rental Agreement between the Landlord and the Tenant; and

4. The level of service as implied by the condition of improvements, fixtures, and equipment, and their availability for use by the Landlord at the time of execution of the Rental Agreement between the Landlord and the Tenant.

T. “Tenancy” means the lawful right or entitlement of a Tenant to use or occupy a Rental Unit. This includes a lease or a sublease.

U. “Tenant” means a tenant, subtenant, lessee, sublessee, or any other person entitled, under the terms of a Rental Agreement to the use or occupancy of any Rental Unit.

5.13.040. Applicability.

A. This Chapter shall apply to all Rental Units within the jurisdictional boundaries of the City, unless expressly exempt pursuant to any provision of this Chapter or State or federal law.

B. Exemptions. The following are specifically exempt from the provisions of this Chapter: