Cudahy City Council
July 18, 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, July 18, 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: 891 8066 7194
https://us06web.zoom.us/j/89180667194

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
July 18, 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. Certificate of Recognition presented to the City of Cudahy by the Bell Chamber of Commerce B. Citizen Recognition Award
C. City Manager Presentation

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
July 18, 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. Consideration to Review and Approve the Draft Minutes of July 7, 2023, for the Special 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 9) Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for July 7, 2023.

B. Approval of the Local Agency Investment Fund (LAIF) for the Month of June 2023 (page 15)

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
July 18, 2023, at 6:30 P.M.

Presented by the Finance Director
Recommendation: The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of June 2023 in the amount of $12,396,515.06.

C. Approval of the City Demands and Payroll Including Statement of Investment for the Month of June 2023 (page 19)
Presented by the Finance Director
Recommendation: The City Council is requested to approve the Demands and Payroll in the amount of $1,230,025.68 including the Statement of Investments for the month of June 2023.

D. Informational Item – ARPA Utilization Plan Monthly Report (June 2023) (page 31) 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 June 2023.

E. Adoption by Second Reading of Ordinance No. 738 Repealing Ordinance No. 696, Terminating Development Agreement No. 696 between the City of Cudahy and 420 Realty LLC, and Revoking Commercial Cannabis Permit No. CCP 18-0002 (page 35)
Presented by the Community Development Director
Recommendation: Staff recommends the City Council open the public hearing, receive public testimony, and consider the following action(s):

1. Adopt by second reading, in title only, Ordinance No. 738 (Attachment A) repealing Ordinance No. 696 (Attachment B), terminating Development Agreement No. 696 between the City of Cudahy and 420 Realty, and revoking related Commercial Cannabis Permit No. CCP 18-0002 is currently held by 420 Realty, LLC (“Owner”).

F. Adoption by Second Reading of Ordinance No. 739 to repeal Ordinance No. 688, accept the voluntary surrender of Commercial Cannabis Permit No. 18-0004 and terminate related Development Agreement No. 18-004C between the city of Cudahy and Cecilia Street, LLC (page 45) Presented by the Community Development Director

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
July 18, 2023, at 6:30 P.M.

Recommendation: Staff recommends the City Council open the public hearing, receive public testimony, and consider taking the following action(s):

1. Adopt by second reading, in title only, Ordinance No. 739 (Attachment A) to repeal Ordinance No. 688 (Attachment B), accept the voluntary surrender of Commercial Cannabis Permit No. 18-0004 and terminate related Development Agreement No. 18-004C between the city of Cudahy and Cecilia Street, LLC.

G. Adoption of Proposed Resolution No. 23-35, A Resolution of the City Council of the City of Cudahy Amending the Salary Plan for City Employees (page 53)
Presented by the Human Resources Manager
Recommendation: The City Council is requested to approve Resolution No. 23-35, of the City Council of the City of Cudahy amending the Salary Plan for City employees.

13. PUBLIC HEARING
A. A Public Hearing to Consider and Adopt Resolution No. 23-36 of the City of Cudahy City Council Approving Substantial Amendment No. 1 to the Fiscal Year 2023-2024 Community Development Block Grant (CDBG) (page 75)
Presented by the Assistant to the City Manager
Recommendation: The City Council is requested to Adopt Resolution No. 23-36, approving Substantial Amendment No. 1 to the Fiscal Year 2023-2024 Community Development Block Grant (CDBG).

14. BUSINESS SESSION
A. Approval of Professional Services Agreement for Remote and On-site Translation Services (page 83)
Presented by the City Clerk
Recommendation: The City Council is requested to award a Professional Services Agreement (PSA) to both Municipal Translation Company and Language Network, to provide remote and on-site translation for a one-year term, maximum of two (2) one-year extension terms, with the total services for both agreements not to exceed $18,000 annually.

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
July 18, 2023, at 6:30 P.M.

B. Adoption Approval of Professional Services Agreement with Fiesta Taxi Cooperative, Inc. for DialA-Ride Services (page 215) Presented by the Administrative Analyst
Recommendation: The City Council is requested to approve a Professional Services Agreement (PSA) with Fiesta Taxi Cooperative, Inc. for Dial-A-Ride Services in the amount not-to-exceed $100,000 annually.

C. Approval of a First Amendment Willdan Engineering to Provide Design Phase Engineering Services for the Cudahy Park Renovation Project (page 273) Presented by the Assistant to the City Manager
Recommendation: City Council is requested to approve a First Amendment to Professional Services Agreement (PSA) with Willdan Engineering Inc. to provide additional design services for the preparation of PS&E (Plan, Specifications, and Estimates) for the Cudahy Park Renovation Project, not to exceed $40,866.

D. Consideration to Authorize the City Manager to Execute an Agreement for the Purchase of a Double Drum Roller with Dynapac Fayat Group (page 383)
Presented by the Administrative Analyst
Recommendation: The City Council is requested to authorize the City Manager to enter into a Cooperative Purchase Agreement with Dynapac Fayat Group for Double Drum Roller, for an amount not-to-exceed $51,516.96.

E. Mobile App and City Website Redesign Progress Update Presented by the Administrative Analyst
Recommendation: The City Council is requested to receive and file.

F. Finance Department Annual Update
Presented by the Finance Director
Recommendation: The City Council is requested to receive and file.

15. COUNCIL DISCUSSION

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
July 18, 2023, at 6:30 P.M.

A. Council Member Fuentes
i. Branding of City Murals

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 – Two Matters

17. CLOSED SESSION ANNOUNCEMENT

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

Dated this 13
th day of July 2023
Richard Iglesias
City Clerk

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“Serving the People” "Sirviendo A La Comunidad"
Staff Report
07/18/2023 Page 1 of 2

STAFF REPORT
Date: July 18, 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 July 7, 2023, for the Special Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission

RECOMMENDATION
The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for July 7, 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
12A

“Serving the People” "Sirviendo A La Comunidad"
Staff Report
07/18/2023 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
The City Council is requested to approve the attached City Council / Agency Draft Minutes of the proceedings of July 7, 2023.

FINANCIAL IMPACT
No Financial Impact.

ATTACHMENT
A. July 7, 2023 Minutes
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 7/7/2023 Page 1 of 2

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

HOUSING SUCCESSOR AGENCY TO THE CUDAHY

DEVELOPMENT COMMISSION JOINT MEETING
JULY 7, 2023 4:00 P.M.

1. CALL TO ORDER
Mayor / Chair Lomelí called the meeting to order at 4:08 p.m.

2. ROLL CALL
PRESENT: Council / Agency Member Martin Fuentes
Council / Agency Member Elizabeth Alcantar
Mayor / Chair Daisy Lomelí
ABSENT: Council / Agency Member Cynthia Gonzalez
Vice Mayor / Vice Chair Jose R. Gonzalez
ALSO PRESENT: City Clerk, Richard Iglesias and Community Development Director, Juan Arauz.

3. PUBLIC COMMENTS - NONE

4. BUSINESS SESSION
A. Consideration to Approve the 2022 General Plan Annual Progress Report Required by the State of California, Reporting Period January 1, 2022 – December 31, 2022 Presented by the Community Development Director
Recommendation: Staff is recommending the City Council take the following action(s):

1. Adopt Resolution No. 23-34 (Attachment A) approving the 2022 General Plan Annual Progress Report (APR); and

2. Authorize staff to file the 2022 Annual Progress Report with the Governor’s Office of Planning and Research (OPR) and the California Department of Housing and Community Development (HCD).

Resolution No. 23-34 was read into the record by the Community Development Director.

Attachment A Page 11 of 439
City Council/Successor Agency Minutes of 7/7/2023 Page 2 of 2 Motion: Council Member Fuentes motioned to adopt Resolution No. 23-34 approving the 2022 General Plan Annual Progress Report and authorize staff to file the 2022 Annual Progress Report with the Governor’s Office of Planning and Research and the California Department of Housing and Community Development, seconded by Council Member Alcantar. Motion passed 3-0-2 by the following roll call vote:

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

5. ADJOURNMENT
The City Council / Agency meeting adjourned at 4:21 p.m.

Daisy Lomelí
Mayor
ATTEST:

Richard Iglesias
City Clerk

Attachment
B

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
07/18/2023 Page 1 of 2

STAFF REPORT
Date: July 18, 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 June 2023

RECOMMENDATION
The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of June 2023 in the amount of $12,396,515.06.

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 June 1, 2023, the balance in LAIF was $12,396,515.06 (See Attachment).

4. On June 30, 2023, the balance in LAIF was $12,396,515.06 (See Attachment).

ANALYSIS
The voluntary program offers local agencies the opportunity to participate in a major portfolio, which invests hundreds of millions of dollars, using the investment expertise of the State Item Number
12B

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07/18/2023 Page 2 of 2

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

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

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

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

STRATEGIC PLAN CORRELATION
Strategy #2. Provide regular updates to the City Council and community about the city’s finances.

FINANCIAL IMPACT
None

ATTACHMENT
A. Local Agency Investment Fund (LAIF) Balance

LOCAL AGENCY INVESTMENT FUND
General Account - City #98-19-225
Beginning Balance as of June 01, 2023 $12,396,515.06
LAIF Interest earned 0
Transfer from City operating account 0
Transfer to City operating account 0
Ending Balance as of June 30, 2023 $12,396,515.06
Attachment A Page 17 of 439
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Staff Report
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STAFF REPORT
Date: July 18, 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 June 2023

RECOMMENDATION
The City Council is requested to approve the Demands and Payroll in the amount of $1,230,025.68 including the Statement of Investments for the month of June 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 $812,758.94
Payroll 417,266.74
Total: $1,230,025.68
Attachment A
Attachment B
Item Number
12C

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Staff Report
07/18/2023 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

7/5/2023 1:47:14 PM Page 1 of 4
My Check Report
City of Cudahy, CA By Check Number
Date Range: 06/01/2023 - 06/30/2023
Vendor Number Vendor Name Payment Date Discount Amount Payment Type Payment Amount Number Bank Code: WF Checking-WF Checking
2378-3 8330 ATLANTIC AVE INC 06/07/2023 Regular 0.00 684.80 54411 10818 Adrian Calleros 06/07/2023 Regular 0.00 55.00 54412 10603 ADVANCED IMAGING SOLUTIONS 06/07/2023 Regular 0.00 362.23 54413 10730 AIRWAVE COMMUNICATIONS Enterprises, Inc. 06/07/2023 Regular 0.00 4,881.77 54414 1778 ALL CITY MANAGEMENT 06/07/2023 Regular 0.00 3,454.80 54415 10640 AMAZON CAPITAL SERVICES, INC. 06/07/2023 Regular 0.00 759.23 54416 2932 AMERICAN PROMOTIONAL EVENTS 06/07/2023 Regular 0.00 2,000.00 54417 10595 ARAMSCO INC 06/07/2023 Regular 0.00 1,193.23 54418 0057-4 AT & T 06/07/2023 Regular 0.00 115.54 54419
10133 AVANT-GARDE, INC. 06/07/2023 Regular 0.00 2,770.00 54420 10520 CASTRO DISCOUNT TIRES INC 06/07/2023 Regular 0.00 75.00 54421 10711 CLEARNETWORK, INC. 06/07/2023 Regular 0.00 395.84 54422 10005 DAPEER, ROSENBLIT & LITVAK 06/07/2023 Regular 0.00 127.33 54423 10744 EDDIE C. TORRES JR. 06/07/2023 Regular 0.00 460.00 54424 6086 EWING 06/07/2023 Regular 0.00 692.60 54425
5532 FLAGTIME U.S.A. 06/07/2023 Regular 0.00 394.00 54426 0126-1 GOLDEN STATE WATER COMPANY 06/07/2023 Regular 0.00 532.30 54427 10053 HAULAWAY STORAGE CONTAINERS 06/07/2023 Regular 0.00 74.20 54428 2724 HOME DEPOT CREDIT SERVICES 06/07/2023 Regular 0.00 1,691.19 54429 9468 INTERNAL REVENUE SERVICE 06/07/2023 Regular 0.00 1,161.35 54430 10815 Jerrys Auto Body Inc 06/07/2023 Regular 0.00 2,363.20 54431 8309 LAMAS RICARDO 06/07/2023 Regular 0.00 100.00 54432 10457 LAW OFFICES OF GLENN WARD CALSADA 06/07/2023 Regular 0.00 42,207.50 54433 10598 LEAF 06/07/2023 Regular 0.00 422.70 54434
10655 LUIS AGUILAR 06/07/2023 Regular 0.00 460.00 54435 10786 Marcus Black 06/07/2023 Regular 0.00 101.00 54436 10523 MULHOLLAND CONSULTING GROUP 06/07/2023 Regular 0.00 -9,000.00 54437 10523 MULHOLLAND CONSULTING GROUP 06/07/2023 Regular 0.00 9,000.00 54437 7014 NATIONWIDE ENVIRONMENTAL SERVICES 06/07/2023 Regular 0.00 9,420.30 54438 10436 ONTARIO REFRIGERATION 06/07/2023 Regular 0.00 2,182.24 54439 9717 PCAM, LLC 06/07/2023 Regular 0.00 993.00 54440
10081-2 QUADIENT FINANCE USA, INC. 06/07/2023 Regular 0.00 50.00 54441 0070 SOUTHERN CALIFORNIA EDISON 06/07/2023 Regular 0.00 19,079.70 54442 5647 STAPLES BUSINESS ADVANTAGE 06/07/2023 Regular 0.00 394.46 54443 10643 STATE COMPENSATION INS FUND 06/07/2023 Regular 0.00 15,995.24 54444 10467 STEAMX, LLC SIGNAL HILL 06/07/2023 Regular 0.00 1,249.11 54445 10761 Sunset Electrical Contractors, Inc. 06/07/2023 Regular 0.00 2,022.56 54446 10776 The Arroyo Group 06/07/2023 Regular 0.00 4,555.40 54447 8363 TIME WARNER CABLE 06/07/2023 Regular 0.00 227.97 54448 8066 TYLER TECHNOLOGIES INC. 06/07/2023 Regular 0.00 8,560.00 54449 10806 U.S. Armor Corporation 06/07/2023 Regular 0.00 3,214.45 54450 2859 UNDERGROUND SERVICE ALERT-SC SOUTHERN 06/07/2023 Regular 0.00 66.00 54451 9951 WILLDAN 06/07/2023 Regular 0.00 13,197.00 54452
10735 YUNEX, LLC. 06/07/2023 Regular 0.00 4,434.93 54453 2378-3 8330 ATLANTIC AVE INC 06/22/2023 Regular 0.00 1,017.91 54454 10658 ALFONSO NOYOLA 06/22/2023 Regular 0.00 69.00 54455 1778 ALL CITY MANAGEMENT 06/22/2023 Regular 0.00 8,289.50 54456 10640 AMAZON CAPITAL SERVICES, INC. 06/22/2023 Regular 0.00 1,358.97 54457 7995 AMERICAN CITY PEST & TERMITE 06/22/2023 Regular 0.00 457.00 54458 9966 AT & T LONG DISTANCE SERVICE 06/22/2023 Regular 0.00 44.79 54459 8021 AT & T MOBILITY 06/22/2023 Regular 0.00 1,927.82 54460 10708 BOOMBOX MOBILE STAGE & SOUND LLC. 06/22/2023 Regular 0.00 2,500.00 54461 10777 Bureau Veritas Technical Assessments LLC. 06/22/2023 Regular 0.00 12,401.95 54462 10502 CINDY'S JUMPERS, LLC 06/22/2023 Regular 0.00 4,483.80 54463 Attachment A Page 21 of 439
My Check Report Date Range: 06/01/2023 - 06/30/2023
7/5/2023 1:47:14 PM Page 2 of 4
Vendor Number Vendor Name Payment Date Discount Amount Payment Type Payment Amount Number 0136 CITY OF SOUTH GATE 06/22/2023 Regular 0.00 75.00 54464 10816 Clean Slate Group LLC. 06/22/2023 Regular 0.00 18,970.00 54465 10692 DS TECHNICIAN, INC. 06/22/2023 Regular 0.00 3,373.55 54466 10616 EDISON FIRE EXTINGUISHER CO IN DBA: EDISON 06/22/2023 Regular 0.00 339.57 54467 10485 ENTERPRISE FM TRUST 06/22/2023 Regular 0.00 4,848.03 54468 10581 FIESTA TAXI COOPERATIVE INC. 06/22/2023 Regular 0.00 4,186.27 54469 6087 FIRST AMERICAN DATA TREE 06/22/2023 Regular 0.00 99.00 54470 10097 FUENTES MARTIN 06/22/2023 Regular 0.00 252.73 54471 4402 GATEWAY CITIES COUNCIL OF GOVERNMENT 06/22/2023 Regular 0.00 26,170.00 54472 2139 HINDERLITER DELLAMAS & ASST 06/22/2023 Regular 0.00 2,762.56 54473 2724 HOME DEPOT CREDIT SERVICES 06/22/2023 Regular 0.00 4,197.04 54474 0197 LA COUNTY SHERIFF'S DEPARTMENT 06/22/2023 Regular 0.00 350,623.49 54475 10721 LOOMIS 06/22/2023 Regular 0.00 266.97 54476
10655 LUIS AGUILAR 06/22/2023 Regular 0.00 639.00 54477 5715 MAZARIEGOS RAUL 06/22/2023 Regular 0.00 63.95 54478 10567 MCA DIRECT 06/22/2023 Regular 0.00 883.90 54479
10825 Michael Marquez 06/22/2023 Regular 0.00 2,500.00 54480 10201-1 OLIVAREZ MADRUGA LAW ORGANIZATION, LLP 06/22/2023 Regular 0.00 42,014.64 54481 10826 Omar Barragan 06/22/2023 Regular 0.00 2,500.00 54482 9717 PCAM, LLC 06/22/2023 Regular 0.00 19,082.67 54483
0095 PETTY CASH 06/22/2023 Regular 0.00 479.85 54484
10824 PlaceWorks, Inc. 06/22/2023 Regular 0.00 9,023.19 54485 5537 PSI PRINTING SYSTEM INC. 06/22/2023 Regular 0.00 522.62 54486 4502 PYRO SPECTACULARS, INC. 06/22/2023 Regular 0.00 9,075.00 54487 10570 RADAR ENVIRONMENTAL 06/22/2023 Regular 0.00 1,209.80 54488 9737 REGIONAL TAP SERVICE CENTER 06/22/2023 Regular 0.00 279.00 54489 10372 RICOH USA, INC LEASE PAYMENTS 06/22/2023 Regular 0.00 4,750.00 54490 10518 SALAZAR DIONICIO 06/22/2023 Regular 0.00 450.00 54491 2802 SAM'S CLUB 06/22/2023 Regular 0.00 1,969.62 54492
10812 Sheila's Gifts & Flowers 06/22/2023 Regular 0.00 500.00 54493 0071-1 SO CAL GAS 06/22/2023 Regular 0.00 65.78 54494
0070 SOUTHERN CALIFORNIA EDISON 06/22/2023 Regular 0.00 32.27 54495 0070 SOUTHERN CALIFORNIA EDISON 06/22/2023 Regular 0.00 -4,859.36 54496 0070 SOUTHERN CALIFORNIA EDISON 06/22/2023 Regular 0.00 4,859.36 54496 0070 SOUTHERN CALIFORNIA EDISON 06/22/2023 Regular 0.00 5,385.91 54497 10483-1 SOUTHERN CALIFORNIA NEWS GROUP 06/22/2023 Regular 0.00 895.43 54498 5647 STAPLES BUSINESS ADVANTAGE 06/22/2023 Regular 0.00 176.15 54499 10004 TALAMANTES ROBERT UNEXPECTED ATTRACTIO06/22/2023 Regular 0.00 1,200.00 54500 10827 Teslarian, Inc. 06/22/2023 Regular 0.00 6,400.00 54501 9991 TRANSTECH ENGINEERING, INC. 06/22/2023 Regular 0.00 25,856.25 54502 **Void** 06/22/2023 Regular 0.00 0.00 54503
10806 U.S. Armor Corporation 06/22/2023 Regular 0.00 1,004.45 54504 10820 United Volleyball Supply, LLC. 06/22/2023 Regular 0.00 6,669.10 54505 10810 Veronica Hernandez. 06/22/2023 Regular 0.00 404.00 54506 10810 Veronica Hernandez. 06/22/2023 Regular 0.00 -404.00 54506 10511 VV & G CONSTRUCTION 06/22/2023 Regular 0.00 20,000.00 54507 5631 WELLS LOCK & KEY 06/22/2023 Regular 0.00 31.00 54508 9951 WILLDAN 06/22/2023 Regular 0.00 2,695.00 54509
10805 World Trip, Inc. 06/22/2023 Regular 0.00 1,440.00 54510 10735 YUNEX, LLC. 06/22/2023 Regular 0.00 4,065.60 54511 0643 ZUMAR INDUSTRIES. INC. 06/22/2023 Regular 0.00 476.85 54512 10658 ALFONSO NOYOLA 06/26/2023 Regular 0.00 229.26 54513 10507 HERNANDEZ VERONICA 06/29/2023 Regular 0.00 404.00 54514 10523 MULHOLLAND CONSULTING GROUP 06/29/2023 Regular 0.00 9,000.00 54515 10483-1 SOUTHERN CALIFORNIA NEWS GROUP 06/29/2023 Regular 0.00 4,859.36 54516

My Check Report Date Range: 06/01/2023 - 06/30/2023
7/5/2023 1:47:14 PM Page 3 of 4
Vendor Number Vendor Name Payment Date Discount Amount Payment Type Payment Amount Number 10729 WELLSONE COMMERCIAL CARD 06/07/2023 Bank Draft 0.00 24,037.17 DFT0000057 Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code WF Checking Summary
Bank Drafts
EFT's
105
0 4
1 0

0.00 0.00

0.00 0.00

0.00 110 0.00
Payment
802,985.13

0.00 -14,263.36
24,037.17

0.00 812,758.94
Payable
Count
151
0 0
1 0
152

My Check Report Date Range: 06/01/2023 - 06/30/2023
7/5/2023 1:47:14 PM Page 4 of 4
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
105
0 4
1 0

0.00 0.00

0.00 0.00

0.00 110 0.00
802,985.13

0.00 -14,263.36
24,037.17

0.00 812,758.94
151
0 0
1 0
152
Fund Name Period Amount
Fund Summary
998 Fund 998 6/2023 812,758.94
812,758.94

06/01/23 06/15/23 06/29/23 Total
(a) Direct Deposits - 107,955.95 106,189.01 214,144.96
(b) ICMA & Union Dues 1,935.00 1,935.00 - 3,870.00
(c) CalPERS Retirement 18,484.00 18,392.88 18,613.69 55,490.57 (d) CalPERS Medical 65,545.22 - 65,545.22 -
(e) Payroll taxes 23,304.10 23,514.66 22,747.13 69,565.89 (f) Medical 4,589.83 840.62 3,219.65 8,650.10
Total Amount 113,858.15 152,639.11 150,769.48 417,266.74 (a) Employees / Council Members / Commissioners
(b) ICMA & Union Dues
(c) CalPERS Retirement
(d) CalPERS Medical (active and retired)
(e) Federal / State payroll taxes and unemployment
(f) Medical Insurance - Active and Retired employees

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

Attachment B Page 25 of 439
Type Issuer Amount % of Total
Deposit - 4588 Wells Fargo 3,731,978.81 17.00%
Successor Agency - 0688 Wells Fargo 4,590,394.77 20.92% Checking - 7128 Wells Fargo 581,050.24 2.65%
Payroll - 4570 Wells Fargo 307,573.19 1.40%
Savings - 4752 Wells Fargo 330,820.23 1.51%
Money Market Account Bank of New York (BNY) (a) 8,808.83 0.04% Pooled Savings State Local Agency 12,396,515.06 56.48%
Investment Fund (LAIF)
Total 21,947,141.13 100.00%
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
06/30/2023
Attachment C Page 26 of 439
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 3,260,684.11 (e) 1,984,309.07
June 2023 2,011,618.48 1,230,025.68
Total: $ 22,071,643.83 20,972,515.98
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 (e) - Includes $1,625,225 in Motor Vehicle In-lieu tax Month
Cash Receipts Disbursement
July 2022 $ 845,547.28 $ 1,589,154.35 (1)
August 2022 1,012,769.79 1,077,279.74
September 2022 541,456.74 2,140,117.92 (2)
October 2022 1,628,965.30 834,689.66
November 2022 802,869.63 598,974.94
December 2022 774,144.70 976,007.61
January 2023 2,377,440.36 (3) 1,266,258.83
February 2023 489,780.43 829,217.41
March 2023 620,900.31 1,602,710.73 (4)
April 2023 969,432.86 710,177.71
May 2023 2,843,131.44 (5) 1,675,594.30 (6)
June 2023 435,137.76 945,268.74
Total: $ 13,341,576.60 $ 14,245,451.94
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
Note (5) - Includes $1,628,225 in Motor Vehicle In-lieu tax Note (6) - Includes 2 Sheriff payments
All Funds
General Fund
City of Cudahy
Summary of Cash Receipt/Disbursement by Month - FY 2022-2023 Attachment D Page 27 of 439
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 28 of 439
Supplier Amount Description
Vivint Inc/Us 6,517.37 New alarm system-Clara Park
Renaissance Hotels Pal 6,289.61 Contract Cities - Indian Wells CA Focusedtech Outdoor theater system for city's movie nights. 3,967.18 Nrpa Operating 3,655.00 2023 NRPA Annual Conference Registration Icma Online ICMA regional conference Long Beach 2,935.00 Dmi* Dell Bus Online New laptops for employees 2,476.26 Zoro Tools Inc Water fountains for Cudahy Park 2,114.73 4imprint, Inc Material for Employee Summer Training 1,750.39 Paypal 1,575.00 Registration, Technical Training for Clerks Fsp*cindys Jumpers, Llc Jumpers for Dodgers RBI opening day 1,194.06 Agents Of Discovery Inc. 600.00 Interactive scavenger hunt for kids Msft * E0300ndl5q Microsoft subscription 568.84
Adobe *acropro Subs Adobe subscription for employees 503.79 Handlery Hotel San Die 484.05
Officemax/Depot 6440 336.02
Www.Ballard-Inc.Com 314.99
Sq *agua Y Salud 311.90
Chipotle Online 295.40
Tst* Pizzeria Lena Ardien 273.42
Msft * E0300ndiwt 268.95
Marriott Desert Spring 265.96
Ok Printing Design & Digi 225.00
Lees Bbq And Boba 217.19
La Uniform & Tailoring In 209.36
Amzn Digital 206.00
Costco Whse #0569 184.78
Panera Bread #606087 O 150.58
Te Amo Pizza 143.50
Hp *instant Ink 138.82
Sawa Sushi 135.58
Uber Eats 115.43
L B Johnson Ace Hdwe 113.78
Business.Apple.Com 107.64
Dd Doordash Jjitalian 99.63
Full Source Llc 81.51
Chevron 0091686 69.29
Parking Netwrk Oceangate 45.00
Mge Oil #2 Llc 44.57
Dennys #6903 42.49
Cudahy Fuel Stop 38.71
Portos Bak* Portos Wes 36.50
Office Depot #892 29.23
Target.Com 28.02
Tst* Nothing Bundt Cakes 28.00
Credit Card Payment Detail
April 29 to May 31, 2023 Activity, Paid June 6, 2023

Attachment F Page 29 of 439

ATTACHMENT F
Supplier Amount Description
Credit Card Payment Detail
April 29 to May 31, 2023 Activity, Paid June 6, 2023
Target 00001909 25.67
Smart And Final 319 23.98
Msft * E0300ndnbu 22.67
Starbucks 800-782-7282 20.00
Panera Bread #606087 P 18.29
La Princessa Bakery Cafe 18.00
Ubiquiti Inc. 15.00
Digitalspace 13.00
Currency Conversion Fee 6.00
Superior Super Whse 3.99
Grand Total 39,355.13

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
07/18/2023 Page 1 of 2

STAFF REPORT
Date: July 18, 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 (June 2023)

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

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
07/18/2023 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 June 2023, the City has expended $3,764,667 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 – June 2023

City of Cudahy
American Rescue Plan Act (ARPA) - Utilization Plan
State and Local Fiscal Recovery Funds (SLFRF)
Status Financial Report - June 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 $ 130,496.47 In-Progress City Facilities Condition Assessment, $ 175,000.00 $ 13,263.95 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 $ 3,764,666.79
**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 33 of 439
Blank Page

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
07/18/2023 Page 1 of 3

STAFF REPORT
Date: July 18, 2023
To: Honorable Mayor and City Council
From: Alfonso Noyola, City Manager
By: Cecilia Madrigal-Gonzalez, Senior Planner
Subject: Adoption by Second Reading of Ordinance No. 738 Repealing Ordinance No. 696, Terminating Development Agreement No. 696 between the City of Cudahy and 420 Realty LLC, and Revoking Commercial Cannabis Permit No. CCP 18-0002

RECOMMENDATION
Staff recommends the City Council open the public hearing, receive public testimony, and consider the following action(s):

1. Adopt by second reading, in title only, Ordinance No. 738 (Attachment A) repealing Ordinance No. 696 (Attachment B), terminating Development Agreement No. 696 between the City of Cudahy and 420 Realty, and revoking related Commercial Cannabis Permit No. CCP 18-0002 is currently held by 420 Realty, LLC (“Owner”).

BACKGROUND
• On September 11, 2017, the City Council adopted Ordinance No. 673 authorizing medicinal-only commercial cannabis activities in a specified Overlay Zone in the City, as provided in a development agreement.
• On September 17, 2018, the Planning Commission conducted a public hearing to consider Development Agreement No. 18-002 between the City and Owner (Development Agreement) and Commercial Cannabis Permit No. 18-0002 (Commercial Cannabis Permit), the Planning Commission recommended the disapproval of both permits.
• On November 6, 2018, after receipt of the appeal by the Owner of the Planning Commission decision, the City Council adopted by first reading, Ordinance No. 696, approving the Development Agreement and Commercial Cannabis Permit, Ordinance Item Number
12E

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
07/18/2023 Page 2 of 3

No. 696 was later adopted by second reading on December 8, 2018, with an effective date of December 9, 2018. The approval authorized Owner to conduct cannabis cultivation, manufacturing, distribution, and non-store delivery at 4311 Santa Ana Street, subject to the conditions of approval.
• On December 19, 2022, the duly appointed Hearing Officer conducted a notice for a Special Review Hearing (“Hearing”) as authorized under the Cudahy Municipal Code (CMC) Section 5.20.080(7) to hear information and evidence submitted by the City of Cudahy. Proper notice was served to Owner of the Hearing but no representative from Owner was present.
• On January 4, 2023, the Hearing Officer issued a written decision-making finding of fact and conclusion of law that Owner had breached the Development Agreement and Commercial Cannabis Permit.
• On March 20, 2023, the Planning Commission adopted Resolution No. 2023-01 by a 4- 0 vote, recommending the City Council repeal Ordinance No. 696, thereby terminating Development Agreement No. 18-002C, and revoking related Commercial Cannabis Permit No. CCP18-0002.
• On June 20, 2023, the City Council introduced and adopted the first reading of Ordinance No. 738 by a 4-0 vote to repeal Ordinance No. 696, Terminating Development Agreement No. 696 between the City of Cudahy and 420 Realty LLC, and Revoking Commercial Cannabis Permit No. CCP 18-0002 (Attachment C).

ANALYSIS
Pursuant to the Cudahy Municipal Code (CMC) Section 5.20.080 (7), “any decision regarding the suspension or revocation of a cannabis permit, disqualification of an applicant from the application process, or election not to renew a cannabis permit may be appealed to an independent neutral third-party Administrative Hearing Officer appointed by the City Manager or the City Manager’s designee (The Hearing Officer).” The Hearing Officer issued a written decision making several findings of fact and conclusions and determined that 420 Realty, LLC breached the DA and CCP in the following material aspects:

1. Breach of Payment Obligations: Non-payment of fees on costs totaling $423,118.09.

2. Non-Compliance with State Law: 420 Realty, LLC’s entity status has been canceled by the State of California and the entity is now dissolved.

3. Loss of site control for more than 90-days: 420 Realty, LLC was unable to lawfully operate a commercial cannabis facility at the Site.

4. Failure to implement project within time limits: There is no evidence proving that 420 Realty, LLC has implemented the Project in any fashion. The Hearing Officer findings of fact and conclusions.

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
07/18/2023 Page 3 of 3
Pursuant to CMC Section 20.84.070, DA No. 18-0002 and CPP No. 18-0002 were processed. concurrently and approved collectively under Ordinance No. 696. To repeal Ordinance No. 696, the repeal shall occur in the same manner as the original proceedings and pursuant to CMC Section 20.84.500.

CONCLUSION
Staff has concluded that the termination of the Development Agreement and revocation of the related Commercial Cannabis Permit is necessary due to the Operator’s breach of the Development Agreement as described in the recommendation by both the Hearing Officer and Planning Commission. The adoption of the proposed Ordinance is consistent with the CMC and the termination procedures as described in the Development Agreement.

STRATEGIC PLAN IMPACT
Not applicable.

FINANCIAL IMPACT
All fees incurred due to the legal proceedings are allocated within the existing Urban Farming budget.

ATTACHMENT(S)
A. Draft Ordinance No. 738

ORDINANCE NO. 738

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA REPEALING ORDINANCE NO. 696,
TERMINATING DEVELOPMENT AGREEMENT NO. DA18-002C AND

REVOKING RELATED COMMERCIAL CANNABIS PERMIT NO
CCP18-0002 BETWEEN THE CITY OF CUDAHY AND 420 REALTY,
LLC.

WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Section 65864 et seq. of the California Government Code (the Development Agreement Statute"); and
WHEREAS, the Development Agreement Statute authorizes the City to enter into a property development agreement with any person having legal or equitable interest in real property for the development of such property in order to establish certain development rights; and
WHEREAS, in accordance with California law, the City of Cudahy has adopted Municipal Code Chapter 20.28 (Development Agreements) establishing the procedures and requirements for the consideration of development agreement with the City; and WHEREAS, on September 11, 2017, the City Council for the City of Cudahy adopted Ordinance No. 673 establishing regulations and a discretionary review process for the allowance of medicinal-only commercial cannabis activities (cultivation, distribution, manufacturing, deliveries, micro-business and laboratory testing) in a specified Overlay Zone through a development agreement; and WHEREAS, on September 17, 2018, the City of Cudahy Planning Commission ("Planning Commission") conducted a properly noticed public hearing to consider approval of a Development Agreement by and between the City of Cudahy and Applicant 420 Realty, LLC, a California limited liability company (the "Development Agreement") [DA#18-002C] and a Commercial Cannabis Permit (the “CCP”) [CCP#18- 0002] to allow a Commercial Cannabis Facility for the Site located at 4311 Santa Ana Street, City of Cudahy, CA as set forth in the Development Agreement. At this hearing, testimony and evidence, both written and oral, were presented to and considered by the Planning Commission;
WHEREAS, by majority vote the members present, the Planning Commission, decided to deny a Commercial Cannabis Permit for the Site and made a recommendation of disapproval of the Development Agreement; and
WHEREAS, the Applicant(s) timely submitted a written notice of appeal to the City Clerk, accompanied by the required filing fees, and including stated grounds for the appeal; and
Attachment A Page 38 of 439
Ordinance No. 738

WHEREAS, the entire matter came properly before the City Council for independent consideration and de novo review; and
WHEREAS, subsequent to receipt of the appeal of the Planning Commission's decision, the City Council conducted a properly noticed public hearing on November 6, 2018, to consider the approval of a CCP and Development Agreement for the Site, at which testimony and evidence, both written and oral, were presented to and considered by the City Council; and
WHEREAS, the City Council determined the Project is: consistent with the objectives, policies, general land uses and programs specified in the general plan, as amended; compatible with the uses authorized in the Overlay Zone; in conformity with good land use practices; will not be detrimental to the health, safety and general welfare of the City; and is in the best interest of the City of Cudahy and its residents; and WHEREAS, on November 6, 2018, the City Council adopted, at first reading, Ordinance No. 696, approving the Development Agreement and the CCP for the Site; and WHEREAS, on November 20, 2018, the City Council adopted, at second reading, Ordinance No. 696 and authorized the Mayor to execute the Development Agreement on behalf of the City; and
WHEREAS, the Effective Date of the Development Agreement is December 8, 2018. Upon approval, Applicant 420 Realty, LLC was allowed to eventually conduct commercial cannabis cultivation, manufacturing, distribution, and non-store front delivery at the Site, provided, among other things, it received State licensing approval and a Certificate of Occupancy for the Site; and
WHEREAS, 420 Realty, LLC, has not complied with the terms and conditions of the Development Agreement and conditions of the CCP (despite notices and opportunity to cure) and remains in material breach of thereof; and
WHEREAS, on December 19, 2022, Elio Palacios, Esq., a duly appointed hearing officer for the City (the “Hearing Officer”), conducted a properly noticed Special Review Hearing (the “Hearing”) under Section 19(c) of the Development Agreement. During the Hearing, information and evidence was submitted by the appearing parties and reviewed by the Hearing Officer; and
WHEREAS, on January 4, 2023, the Hearing Officer issued a written decision (the “Decision”) making several findings of fact and conclusions of law with respect to 420 Realty, LLC’s non-compliance with the Development Agreement and CCP; and WHEREAS, the Hearing Officer determined that 420 Realty, LLC breached the Development Agreement and CCP in three material respects: (1) Breach of Payment Obligations - Non-payment of fees and costs owing to the City totaling $423,118.09; (2) Non-Compliance with State Law – 420 Realty LLC’s entity status has been canceled by the State of California and the entity is now dissolved; (3) Failure to Implement Project within Time Limits – There is no evidence that 420 Realty, LLC has implemented the

Ordinance No. 738

Project in any fashion; and
WHEREAS, the Hearing Officer has recommended that the City Council adopt an ordinance repealing Ordinance No. 696 terminating DA18-002C and revoking CCP18- 0002; and
WHEREAS, the Hearing Decision is now final as to the administrative appeal process. Respondent has not sought judicial review of the Hearing Officer’s decision; and WHEREAS, after a duly noticed public hearing on March 20, 2023, the Planning Commission has reviewed the Hearing Officer’s decision and passed Resolution No. 2023- 01 recommending that the City Council adopt an ordinance to repeal Ordinance No. 696 thereby terminating DA18-002C and revoking CCP18-0002; and WHEREAS, Section 19.d. of the Development Agreement provides in part: “If City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of this Agreement, City Council may terminate this Agreement notwithstanding any other provision of this Agreement to the contrary, modify this Agreement and impose such conditions as are necessary to protect the interests of City.

The decision of City Council shall be final, subject only to judicial review pursuant to Code of Civil Procedure Section 1094.5”; and
WHEREAS, Section 11.c of the Development Agreement states that termination of the Agreement shall not eliminate the rights of the City to seek any applicable and available remedies or damages based upon acts or omissions occurring before termination; and
WHEREAS, Section 5.20.080(6) of the Cudahy Municipal Code provides the City Manager or designee may revoke a cannabis permit in the event the City Manager or his designee determines the cannabis permittee has failed to comply with the Municipal Code, any conditions of approval or any agreement or covenant with the City; and WHEREAS, all legal prerequisites to the approval and adoption of this Ordinance have occurred.

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

SECTION 1. Findings. That the above Recitals are true and correct and are incorporated as though fully set forth herein.

SECTION 2. Adoption of Hearing Officer’s Findings of Fact and Conclusions of Law. That the City Council has reviewed and considered the Administrative Record and Hearing Decision by the Hearing Officer issued on January 4, 2023, on this matter. A true and correct copy of the Hearing Decision is attached hereto as Exhibit “A” and incorporated herein by this reference. For the reasons stated in the Hearing Decision, the City Council adopts the Hearing Officer’s findings of fact and conclusions of law as its own and determines that 420 Realty, LLC is not in

Ordinance No. 738

compliance with the terms and conditions of the Development Agreement No. 18- 002C and finds that 420 Realty, LLC is in default of its contractual obligations set forth in said Development Agreement and has breached its Conditions of Approval for CCP No. 18-0002.

SECTION 3. Termination of Development Agreement. Pursuant to Section

19.d. of the Development Agreement, the City Council terminates the Development Agreement in its entirety. The City Manager shall take all steps necessary and possible to protect the City’s rights and remedies for the recovery of damages incurred before termination. The City Manager is authorized to report the Development Agreement as terminated on account of material breach by 420 Realty, LLC and its Managers to State Licensing authorities and governmental entities. The City Clerk shall mark the original Development Agreement as “TERMINATED.”
SECTION 4. Revocation of Commercial Cannabis Permit. Pursuant to Cudahy Municipal Code Section 5.20.080(6)(a), the City Council determines that 420 Realty, LLC has failed to comply with the Cudahy Municipal Code, conditions of approval and the Development Agreement and hereby revokes CCP18-0002 in its entirety. The City Clerk shall make a notation in the Planning file for the Site that CCP18-0002 has been “REVOKED.”
SECTION 5. Repeal of Ordinance No. 696. For the reasons stated above, Ordinance No. 696 is hereby repealed and replaced in its entirety by this Ordinance.

SECTION 6. 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.

SECTION 7. Severability. That the City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect. The City Council declares that this Ordinance would have been adopted by the City Council of the fact that any section, subsection, line, sentence, clause, phrase, word, part, provision, or portion thereof, might be declared to be invalid or unconstitutional.

SECTION 8. Compliance with the California Environmental Quality Act. All procedures of the California Environmental Quality Act (“CEQA”), California Public Resources Code §21080 et seq., and the CEQA guidelines, title 14 of the California Code of Regulations, chapter 3, §15321 et seq. have been satisfied. Further, the City has found that the approval of the ordinance is Categorically Exempt from California Environmental Quality Act (CEQA) requirements under provisions of CEQA Guidelines Section 15321 [Class 21, “Enforcement Actions by Regulatory Agencies”]). This section specifically applies to actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory

Ordinance No. 738

agency. In this case, the action is to repeal an ordinance.

SECTION 9. Recordation of Memorandum of Termination of Development Agreement. That the City Manager is authorized to record a Memorandum of Termination of the Development Agreement for the Site if advised to do so by legal counsel.

SECTION 10. Effective Date of Ordinance. This Ordinance shall become effective thirty (30) days after the date of its adoption.

SECTION 11. Certification. The City Clerk shall certify 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 AND ADOPTED by the City Council of the City of Cudahy at a regular meeting held in the month of July on the 18th of 2023.
________________________
Daisy Lomelí
Mayor
ATTEST:
____________________________
Richard Iglesias
City Clerk

Ordinance No. 738

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Ordinance No. 738 was introduced for a first reading on the 20th day of June 2023 and approved for a second reading and adopted by said Council at its regular meeting held on the 18th day of July 2023 by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Richard Iglesias
City Clerk

Blank Page

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STAFF REPORT
Date: July 18, 2023
To: Honorable Mayor and City Council
From: Alfonso Noyola, City Manager
By: Cecilia Madrigal-Gonzalez, Senior Planner
Subject: Adoption by Second Reading of Ordinance No. 739 to repeal Ordinance No. 688, accept the voluntary surrender of Commercial Cannabis Permit No. 18-0004 and terminate related Development Agreement No. 18-004C between the city of Cudahy and Cecilia Street, LLC

RECOMMENDATION
Staff recommends the City Council open the public hearing, receive public testimony, and consider taking the following action(s):

1. Adopt by second reading, in title only, Ordinance No. 739 (Attachment A) to repeal Ordinance No. 688 (Attachment B), accept the voluntary surrender of Commercial Cannabis Permit No. 18-0004 and terminate related Development Agreement No. 18- 004C between the city of Cudahy and Cecilia Street, LLC.

BACKGROUND
• On July 17, 2018, the City of Cudahy (“City”) approved Commercial Cannabis Permit No.

CCP18-0004 to allow a Commercial Cannabis Facility for the Site located at 4933 Cecilia Street.
• On September 19, 2018, the City approved Development Agreement No. DA18-004C with Nature’s Natural Cooperative Care, Inc. (“Owner”), a California Corporation, authorizing certain commercial cannabis activities at the site. • On June 26, 2019, Nature’s Natural, the City, entered an Assignment, Assumption, Consent, and Approval Agreement approving the transfer of the Development Agreement to Cecilia Street, LLC.

Item Number
12F

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• On March 1, 2022, the City received from counsel for Matt Healy, a Notice of Termination with a termination date of August 15, 2021. • On February 13, 2023, Matt Healy signed a prepared agreement, to release Development Agreement No. DA18-004C and Voluntary Surrender Commercial Cannabis Permit No. 18-0004 and a “Memorandum of Termination.” • On March 28, 2023, the Owner paid all outstanding fees to the City pursuant to the conditions of approval of CPP18-0004.
• On May 15, 2023, the Planning Commission voted 4-0 and adopted Resolution No. 2023- 02 recommending that the City Council adopt an ordinance to repeal Ordinance No. 696, terminate Development Agreement No. 18-002C, and revoke related Commercial Cannabis Permit No. CCP18-0002.
• On June 20, 2023, the City Council voted 4-0 on the adoption by the first reading of Ordinance No. 739 to repeal Ordinance No. 688, accept the voluntary surrender of Commercial Cannabis Permit No. 18-0004 and terminate related Development Agreement No. 18-004C between the city of Cudahy and Cecilia Street, LLC. (Attachment C)

ANALYSIS
Pursuant to the Cudahy Municipal Code (CMC) Section 5.20.080(6)(a), “provides that the City Manager may suspend, revoke, disqualify an applicant, or elect not to renew a Commercial Cannabis Permit if he determines that the Cannabis Permittee has failed to comply with the Code, any condition of approval, or any agreement or covenant with the City.” The City Manager finds and determines that the termination of the Development Agreement is a material default on Commercial Cannabis Facility Permit No. CCP18-004C and is grounds for revocation of the Permit under CMC Section 5.20.080(6)(a). For good cause shown, the City accepts Cecilia St., LLC’s voluntary surrender of all its interest in CCP18-0004. As stated in the notice of termination, DA18-004C shall be deemed terminated upon the full payment of fees and charges which occurred on March 28, 2023.

Pursuant to CMC Section 20.84.070, DA No. 18-004C and CPP No. 18-0004 were processed concurrently and approved collectively under Ordinance No. 688. To repeal Ordinance No. 688, the repeal shall occur in the same manner as the original proceedings and pursuant to CMC Section 20.84.500.

CONCLUSION
Staff has concluded that the voluntary surrender due to the material default of the Commercial Cannabis Permit requires the termination of the Development Agreement. The adoption of the

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proposed Ordinance is consistent with the CMC and the termination procedures as described in the Development Agreement.

STRATEGIC PLAN IMPACT
Not applicable.

FINANCIAL IMPACT
All fees incurred due to the legal proceedings to are allocated within the Urban Farming budget.

ATTACHMENTS
A. Draft Ordinance No. 739

ORDINANCE NO. 739

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA TO REPEAL ORDINANCE NO. 688, ACCEPT THE VOLUNTARY SURRENDER OF COMMERCIAL CANNABIS PERMIT NO. 18-0004, AND TERMINATE RELATED DEVELOPMENT AGREEMENT NO. 18-004C BETWEEN THE CITY OF CUDAHY AND CECILIA ST., LLC.

WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Section 65864 et seq. of the California Government Code (the Development Agreement Statute"); and
WHEREAS, the Development Agreement Statute authorizes the City to enter into a property development agreement with any person having a legal or equitable interest in real property for the development of such property in order to establish certain development rights; and
WHEREAS, in accordance with California law, the City of Cudahy has adopted Municipal Code Chapter 20.28 (Development Agreements) establishing the procedures and requirements for the consideration of development agreement with the City; and WHEREAS, Cudahy Municipal Code Section 20.84.610.B provides, in part: "The applicant and the city council may also, by mutual consent, cancel a Development Agreement in whole or part."
WHEREAS, on September 11, 2017, the City Council for the City of Cudahy passed Ordinance No. 673 establishing regulations and a discretionary review process for the allowance of medicinal-only commercial cannabis activities (cultivation, distribution, manufacturing, deliveries, micro-business and laboratory testing) in a specified Overlay Zone through a development agreement; and WHEREAS, on or about July 17, 2018, the City of Cudahy (“City”) approved Commercial Cannabis Permit No. CCP18-0004 (hereinafter the “Permit”) to allow a Commercial Cannabis Facility for the Site located at 4933 Cecilia Street, LLC, Cudahy, California 90201 (hereinafter the “Site”); and;
WHEREAS, on or about September 19, 2018, the City also approved Development Agreement No. DA18-004C (“Development Agreement”) with Nature’s Natural Cooperative Care, Inc., a California Corporation (“Nature’s Natural”), authorizing commercial cannabis at the Site; and
WHEREAS, on or about June 26, 2019, Nature’s Natural, the City, and the Landlord for the Site entered into an Assignment, Assumption, Consent and Approval Agreement approving the transfer of the Development Agreement to Cecilia St. LLC; and WHEREAS, Article 1 of the Development Agreement (DA18-004C) requires the Owner to maintain an equitable or legal interest at the Site for the duration of the Attachment A Page 48 of 439
Ordinance No. 739

Development Agreement; and
WHEREAS, on or about August 5, 2021, “Nature’s Natural Cooperative Care, Inc.” gave the City written notice that “Nature’s Natural is terminating the Agreement on grounds that it has deemed it advisable to cease planned cannabis operations in the City at the Subject Property.”
WHEREAS, on or about August 29, 2021, the City responded to the August 5, 2021 and acknowledged receipt of the notice from Nature’s Natural. However, the City informed Matt Healy, the CEO of Nature’s Natural, that City records show the Development Agreement was assigned to Cecilia St., LLC on June 26, 2019.

Accordingly, the City could not confirm the termination of the Development Agreement as requested; and
WHEREAS, CCP18-0004 Conditions for Approval requires a Permittee to pay all required Development Agreement fees. Payment obligations continue to accrue until the Permittee released by the City or a proper Notice of Termination is given; and WHEREAS, on or about March 1, 2022, the City received from counsel for Matt Healy, a second copy of the August 5, 2021, Notice of Termination with an undated notation: “Accepted and Approved: Cecilia St., LLC” signed by Matt Healy, its Manager; WHEREAS, Cecilia St., LLC desires to be released of any obligations and duties arising under its Development Agreement or Permit with the City; and WHEREAS, the City is willing to release Cecilia St., LLC from the Development Agreement and Permit as of August 5, 2021, provided adequate protection is given to the City to ensure payment of past due fees and costs; and
WHEREAS, Cudahy Municipal Code Section 5.20.080(6)(a) provides that the City Manager may suspend, revoke, disqualify an applicant, or elect not to renew a Commercial Cannabis Permit if he determines that the Cannabis Permittee has failed to comply with the Code, any condition of approval, or any agreement or covenant with the City; and
WHEREAS, Condition of Approval No. 38 of the Commercial Cannabis Permit requires the Permittee to maintain a Development Agreement with the City; and, WHEREAS, Cecilia St., LLC also wishes to voluntarily surrender its interest in Commercial Cannabis Permit No. CCP18-0004; and
WHEREAS, Cecilia St., LLC requests that the City formally terminate the Development Agreement, and any amendments thereto, pursuant to the terms of this Agreement, and in accordance with Government Code Section 65858 and Cudahy Municipal Code; and
WHEREAS, upon full payment of all fees and charges, DA18-004C shall be deemed terminated and of no further force and effect and neither party shall have any

Ordinance No. 739

further obligation or liability to the other under the terms of the Development Agreement; and
WHEREAS, Permittee has paid in full all outstanding fees and costs owed to the City as of March 28, 2023; and
WHEREAS, The City Manager finds and determines that the termination of the Development Agreement is a material default on Commercial Cannabis Facility Permit No. CCP18-004C and is grounds for revocation of the Permit under CMC Section

5.20.080(6)(a). For good cause shown, the City accepts Cecilia St., LLC’s voluntary surrender of all its interest in Permit No. CCP18-0004 for the Site; and WHEREAS, after a duly noticed public hearing on May 15, 2023, the Planning Commission finds and passed Resolution No. 2023-02 recommending that the City Council adopt an Ordinance to repeal Ordinance No. 688 thereby accepting the voluntary surrender of CPP18-0004 and terminate DA18-0004C; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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

SECTION 1. Findings. That the above Recitals are true and correct and are incorporated as though fully set forth herein.

SECTION 2. Termination of Development Agreement and Voluntary Surrender of Commercial Cannabis Permit. That the City Council has reviewed and considered the Memorandum of Termination of Development Agreement No.

DA18-004C and Voluntary Surrender of Commercial Cannabis Permit No. 18- 0004 by and between the City of Cudahy and Cecilia St., LLC. Pursuant to Section 19.d. of the Development Agreement, the City Council may terminate the Development Agreement DA18-004C in its entirety. The City Clerk shall mark the original Development Agreement as “TERMINATED.”
SECTION 3. Repeal of Ordinance No. 688. For the reasons stated above, Ordinance No. 688 is hereby repealed and replaced in its entirety by this Ordinance.

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

SECTION 5. Severability. That the City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect. The City Council declares that this Ordinance would have

Ordinance No. 739

been adopted by the City Council of the fact that any section, subsection, line, sentence, clause, phrase, word, part, provision, or portion thereof, might be declared to be invalid or unconstitutional.

SECTION 6. Compliance with the California Environmental Quality Act. All procedures of the California Environmental Quality Act (“CEQA”), California Public Resources Code §21080 et seq., and the CEQA guidelines, title 14 of the California Code of Regulations, chapter 3, §15321 et seq. have been satisfied. Further, the City has found that the approval of the ordinance is Categorically Exempt from California Environmental Quality Act (CEQA) requirements under provisions of CEQA Guidelines Section 15321 [Class 21, “Enforcement Actions by Regulatory Agencies”]). This section specifically applies to actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. In this case, the action is to repeal an ordinance.

SECTION 7. Recordation of Memorandum of Termination of Development Agreement. That the City Manager is authorized to record a Memorandum of Termination of the Development Agreement for the Site if advised to do so by legal counsel.

SECTION 8. Effective Date of Ordinance. This Ordinance shall become effective thirty (30) days after the date of its adoption.

SECTION 9. Certification. The City Clerk shall certify 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 AND ADOPTED by the City Council of the City of Cudahy at a regular meeting held in the month of July on the 18th of 2023.
________________________
Daisy Lomelí
Mayor
ATTEST:
____________________________
Richard Iglesias
City Clerk

Ordinance No. 739

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Ordinance No. 739 was introduced for a first reading on the 20th day of June 2023 and approved for a second reading and adopted by said Council at its regular meeting held on the 18th day of July 2023 by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Richard Iglesias
City Clerk

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STAFF REPORT
Date: July 18, 2023
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Noel Barajas, Human Resources Manager
Subject: Adoption of Proposed Resolution No. 23-35, A Resolution of the City Council of the City of Cudahy Amending the Salary Plan for City Employees

RECOMMENDATION
The City Council is requested to approve Resolution No. 23-35, of the City Council of the City of Cudahy amending the Salary Plan for City employees.

BACKGROUND

1. On July 19, 2022, the City Council approved Resolution No. 22-42 updating the consolidated salary schedule for miscellaneous employees.

2. On December 20, 2022, the City Council approved Resolution No. 22-78 updating the consolidated salary schedule for miscellaneous employees.

3. On March 7, 2023, the City Council approved Resolution No. 23-10 approving a separate salary plan.

4. On April 18, 2023, the City Council received MGT Consulting Group’s Final Classification and Compensation study report which recommended job titles, reclassifications, and salary changes.

5. On June 6, 2023, the City Council approved Resolution No. 23-xx updating the consolidated salary schedule for miscellaneous employees.

ANALYSIS
The City’s current salary plan required updating as the M3 Salary Range (Director/Manager Compensation Schedule) had a mathematical error that required correction in order to be in Item Number
12G

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conformity with the proper scales for the salary ranges.

CONCLUSION
Approval will amend the M3 Salary Range (Director/Manager Compensation Schedule) to correct mathematical error on the salary schedule.

STRATEGIC PLAN CORRELATION
Not applicable.

FINANCIAL IMPACT
No new financial impact, it was approved and funded via the upcoming fiscal budget.

ATTACHMENTS
A. Proposed Resolution No. 23-35, A Resolution of the City Council of the City of Cudahy Amending the Salary Plan for City Employees

RESOLUTION NO. 23-35

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CUDAHY, CALIFORNIA APROVING THE

AMENDING OF THE SALARY PLAN FOR CITY

EMPLOYEES
WHEREAS, the salaries and compensation of officers and employees of the City of Cudahy (“City”) shall be fixed and determined by resolution of the City Council in accordance with Municipal Code Section 2.04.070; and
WHEREAS, On July 19, 2022, the City Council approved Resolution No. 22-42 updating the consolidated salary schedule for miscellaneous employees; and WHEREAS, On December 20, 2022, the City Council approved Resolution No. 22-78 updating the consolidated salary schedule for miscellaneous employees; and WHEREAS, On March 7, 2023, the City Council approved Resolution No. 23-10 approving a separate salary plan; and
WHEREAS, On April 18, 2023, the City Council received MGT Consulting Group’s Final Classification and Compensation study report which recommended job titles, reclassifications, and salary changes; and
WHEREAS, On June 6, 2023, City Council approved Resolution No. 23-25 updating the consolidated salary schedule for miscellaneous employees; and WHEREAS, the City wishes to implement a salary plan that is consistent with salary recommendations provided in the final classification and compensation study report received; and

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

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

SECTION 1. The recitals set forth above are true and correct and incorporated herein by this reference.

SECTION 2. The City Council hereby approves the amending of the City Salary Plan attached hereto as Exhibit “A” and incorporated herein by reference.

SECTION 3. This Resolution and Exhibit “A” shall repeal and replace Resolution No. 23-25.

Attachment A Page 55 of 439

SECTION 4. Notwithstanding the benefits and salary described in the Salary Plan for individuals under employment agreements with the City, City employees with employment agreements shall only be entitled to those benefits and salary amounts identified in their individual employment agreements. The Salary Plan identifies salaries of employees under employment agreements with the City for administrative convenience purposes only, and the Plan shall not supersede any employment agreement provisions or control the salary provided to employees with employment agreements with the City.

To the extent that any salary described in the Plan conflict with the applicable employment agreements, and as the employment agreements and memorandums of understanding may be amended from time to time, the employment agreements and memorandums of understanding control.

SECTION 5. If any part of this Resolution, or the application thereof, is held to be invalid, the remainder of this Resolution shall not be affected thereby, and this Resolution shall otherwise continue in full force and effect. To this end, the provisions of this Resolution, and each of them, are severable.

SECTION 6. This Resolution shall take effect immediately following its adoption by the City Council, and the City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this 18th day of July 2023.

Daisy Lomeli
Mayor
ATTEST:

Richard Iglesias
City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 23-35 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 18th day of July, 2023, and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Richard Iglesias
City Clerk

EXHIBIT “A”

SALARY PLAN

CITY SALARY PLAN
(Exhibit A to Resolution No. 23-35)
Effective July 18, 2023

CITY OF CUDAHY CALIFORNIA
Incorporated November 10, 1960

2

TABLEOF CONTENTS
THE SALARY PLAN ........................................................................................................................................... 04 Section 1. Purpose.................................................................................................................................... 04 Section 2. Basic Compensation Plan......................................................................................................... 04 Section 3. Pay Philosophy......................................................................................................................... 04 Section 4. Plan Maintenance..................................................................................................................... 05 Section 5. Additional Approved Increases in Compensation and Changes to the Salary and Classification Plans........................................................................................................................................................05 Section6. The Provisions of This Plan Shall BeOperative on the Date of Its Adoption ..............................05 ADDENDUM..................................................................................................................................................06

1. HOURLY RANGE TABLES...........................................................................................................07

2. ASSOCIATION RANGE TABLES ..................................................................................................08

3. MANAGEMENT/CONFIDENTIAL RANGE TABLES ......................................................................09

4. SALARY SCHEDULES .................................................................................................................10 3

THE SALARYPLAN
Section1. Purpose
This Exhibit to Resolution No. 23-35 is enacted pursuant to Section 2.04.070(2) of the Cudahy Municipal Code to provide for the compensation of City officers and employees and to conform to the principle of equal pay for equal work. The City Manager will ensure equitable placement within the merit range and annual merit raises based on negotiated agreements and/or administrative policies. Notwithstanding the foregoing, the terms of any individual employment agreement(s) shall control the compensation amounts described in this Salary Plan when determining the salary of individual employees under contract with the City.

Section 2. Basic Compensation Plan
The basic compensation plan for City officers and employees, as of the date of adoption of this Plan is hereby established as set forth in the Addendum, including the following:
1) Hourly Range Table
2) Association Range Table
3) Management/Confidential Range Table
4) Salary Schedule
The Salary Plan shall be referred to as the Salary Schedule which incorporates the allocation of ranges (defined in the range tables) to classifications, which is attached hereto and incorporated herein by reference.

Range tables for the Cudahy Municipal Employees’ Association include five (5) steps with approximately 5% between steps.

Range tables for Management/Confidential/Department Directors include five (5) steps with approximately 5% between steps.

Range tables for Hourly employees consist of one (1) to three (3) steps with approximately 5% between steps.

Range tables for City Council Member and City Manager have one step (flat rate).

Section 3. Pay Philosophy
The City Council establishes a pay philosophy that the base pay of all positions shall be ideally set at the median pay provided by comparable cities of similar size, budget, staff, and 34 4

geographic area, based on the City’s financial ability to pay. Merit increases provide for annual pay increases annually for demonstrated positive work performance as documented on annual performance evaluations. Annual merit increases should generally follow one step increase per year until the final step. Any increases beyond one must be approved by the City Manager.

Section 4. Plan Maintenance
Increases to the Range tables and applied to the Salary Schedule are adopted and approved by the City Council via Resolution to amend the Salary Plan.

Such recommended increases are negotiated between the City and the Cudahy Miscellaneous Employees’ Association. The City Council may further take appropriate action to extend such increases to unrepresented Management/Confidential Employees, Appointed Officials including the City Clerk, City Treasurer, and City Manager, and positions appointed by the City Manager.

These actions help preserve appropriate compensation and prevent salary compression.

In addition to negotiated increases, the City may take steps to maintain the Salary Plan by conducting regularly scheduled salary reviews and/or intermittent salary reviews as determined by changes in the labor market, and the need to compete for talent and/or retain current employees.

Section 5. Additional Approved Increasesin Compensation and Changesto the Salary and Classification Plans
Miscellaneous Employees – (Cudahy Miscellaneous Employee’s Association)23 All members shall receive:
• A 3% increase to their base rate effective July 1, 2022; and • A 2.5% increase to their base rate effective July 1, 2023; and • A 2.5% increase to their base rate effective July 1, 2024.

Section 6. The Provisions of This Plan Shall Be Operative on the Date of Its Adoption.

ADDENDUM:

1. HOURLY RANGE TABLES

2. ASSOCIATION RANGE TABLES

3. CONFIDENTIAL RANGE TABLES

4. MANAGEMENT RANGE TABLES

5. SALARY SCHEDULES
23 CMEA MOU, p. 5.
34 5

SALARY RANGE TABLES

Hourly Compensation Schedule
Effective January 1, 2023
Ranges A B C
H1 $15.50 $16.28 $17.09
H2 $16.22 $17.03 $17.89
H3 $17.10 $17.96 $18.85
H4 $17.88 $18.77 $19.71
H5 $18.78 $19.72 $20.70
H6 $19.71 $20.70 $21.73
H7 $20.70 $21.74 $22.83
H8 $21.74 $22.83 $23.97
H9 $22.82 $23.97 $25.16
H10 $23.97 $25.17 $26.42

Hourly Compensation Schedule
Effective July 1, 2023
Ranges A B C
H1 17.32 16.46 18.19
H2 18.15 17.28 19.06
H3 19.06 18.15 20.01
H4 20.01 19.06 21.01
H5 21.01 20.01 22.06
H6 22.06 21.01 23.16
H7 23.16 22.06 24.32
H8 24.32 23.16 25.54
H9 25.54 24.32 26.81
H10 26.81 25.54 28.15

Association Compensation Schedule
Effective July 1, 2022
Ranges A B C D E F G H I J
A1 $3,429 $3,515 $3,602 $3,693 $3,785 $3,879 $3,976 $4,076 $4,178 $4,282 A2 $3,594 $3,684 $3,776 $3,870 $3,967 $4,066 $4,168 $4,272 $4,379 $4,488 A3 $3,773 $3,867 $3,964 $4,063 $4,165 $4,269 $4,375 $4,485 $4,597 $4,712 A4 $3,956 $4,055 $4,157 $4,260 $4,367 $4,476 $4,588 $4,703 $4,820 $4,941 A5 $4,150 $4,254 $4,360 $4,469 $4,581 $4,695 $4,813 $4,933 $5,056 $5,183 A6 $4,358 $4,467 $4,579 $4,693 $4,810 $4,931 $5,054 $5,180 $5,310 $5,442 A7 $4,397 $4,507 $4,620 $4,735 $4,854 $4,975 $5,099 $5,227 $5,357 $5,491 A8 $4,573 $4,688 $4,805 $4,925 $5,048 $5,174 $5,304 $5,436 $5,572 $5,711 A9 $4,800 $4,920 $5,043 $5,169 $5,298 $5,431 $5,566 $5,705 $5,848 $5,994 A10 $5,038 $5,164 $5,293 $5,425 $5,561 $5,700 $5,842 $5,988 $6,138 $6,291 A11 $5,289 $5,421 $5,557 $5,696 $5,838 $5,984 $6,134 $6,287 $6,444 $6,605 A12 $5,358 $5,492 $5,629 $5,770 $5,914 $6,062 $6,214 $6,369 $6,528 $6,691 A13 $5,549 $5,687 $5,830 $5,975 $6,125 $6,278 $6,435 $6,596 $6,760 $6,929 A14 $5,824 $5,969 $6,118 $6,271 $6,428 $6,589 $6,754 $6,922 $7,096 $7,273 A15 $6,110 $6,263 $6,419 $6,580 $6,744 $6,913 $7,086 $7,263 $7,444 $7,631 A16 $6,410 $6,570 $6,734 $6,903 $7,075 $7,252 $7,433 $7,619 $7,810 $8,005 A17 $6,726 $6,894 $7,066 $7,243 $7,424 $7,610 $7,800 $7,995 $8,195 $8,400 A18 $7,057 $7,233 $7,414 $7,599 $7,789 $7,984 $8,183 $8,388 $8,598 $8,813 A19 $7,404 $7,589 $7,778 $7,973 $8,172 $8,377 $8,586 $8,801 $9,021 $9,246 A20 $7,771 $7,966 $8,165 $8,369 $8,578 $8,793 $9,012 $9,238 $9,469 $9,705 A21 $8,153 $8,357 $8,566 $8,780 $9,000 $9,225 $9,456 $9,692 $9,934 $10,183 A22 $8,558 $8,772 $8,992 $9,216 $9,447 $9,683 $9,925 $10,173 $10,427 $10,688 A23 $8,981 $9,205 $9,435 $9,671 $9,913 $10,161 $10,415 $10,675 $10,942 $11,216 A24 $9,427 $9,662 $9,904 $10,151 $10,405 $10,665 $10,932 $11,205 $11,485 $11,772

Association Compensation Schedule
Effective July 1, 2023
Ranges A B C D E
A1 4,277 4,064 4,503 4,728 4,964
A2 4,481 4,267 4,705 4,940 5,187
A3 4,705 4,481 4,940 5,187 5,446
A4 4,940 4,705 5,187 5,446 5,719
A5 5,187 4,940 5,446 5,719 6,005
A6 5,446 5,187 5,719 6,005 6,305
A7 5,719 5,446 6,005 6,305 6,620
A8 6,005 5,719 6,305 6,620 6,951
A9 6,305 6,005 6,620 6,951 7,299
A10 6,305 6,620 6,951 7,299 7,664
A11 6,620 6,951 7,299 7,664 8,047
A12 6,951 7,299 7,664 8,047 8,449
A13 7,299 7,664 8,047 8,449 8,871
A14 7,664 8,047 8,449 8,871 9,315
A15 8,047 8,449 8,871 9,315 9,781

Confidential Compensation Schedule
Effective July 1, 2022
Confidential Compensation Schedule
Effective July 1, 2023
Range A B C D E F G H I J
C-1 $4,083 $4,185 $4,289 $4,397 $4,506 $4,619 $4,735 $4,853 $4,974 $5,099 C-2 $4,716 $4,834 $4,955 $5,079 $5,206 $5,336 $5,469 $5,606 $5,746 $5,890 C-3 $5,349 $5,483 $5,620 $5,761 $5,905 $6,052 $6,204 $6,359 $6,518 $6,681 Ranges A B C D E
C1 4,480 4,257 4,716 4,965 5,226
C2 4,693 4,470 4,928 5,174 5,433
C3 4,928 4,693 5,174 5,433 5,705
C4 5,174 4,928 5,433 5,705 5,990
C5 5,433 5,174 5,705 5,990 6,289
C6 5,705 5,433 5,990 6,289 6,604
C7 5,990 5,705 6,289 6,604 6,934
C8 6,289 5,990 6,604 6,934 7,281

Ranges A B C D E
M1 5,882 5,602 6,176 6,485 6,809
M2 6,411 6,106 6,732 7,068 7,422
M3 7,000 6,667 7,350 7,718 8,104
M4 7,617 7,254 7,998 8,398 8,818
M5 8,303 7,907 8,718 9,154 9,611
M6 9,050 8,619 9,502 9,977 10,476
M7 9,864 9,394 10,357 10,875 11,419
M8 10,851 10,334 11,393 11,963 12,561
M9 11,936 11,367 12,532 13,159 13,817
M10 13,129 12,504 13,786 14,475 15,199
M11 14,442 13,754 15,164 15,923 16,719
Director/ Manager Compensation Schedule
Effective July 1, 2022
Director/ Manager Compensation Schedule
Effective July 1, 2023
Ranges A B C D E F G H I J
M-1 $5,619 $5,759 $5,903 $6,051 $6,202 $6,357 $6,516 $6,679 $6,846 $7,017 M-2 $6,346 $6,505 $6,667 $6,834 $7,005 $7,180 $7,360 $7,544 $7,732 $7,925 M-3 $7,498 $7,685 $7,878 $8,074 $8,276 $8,483 $8,695 $8,913 $9,136 $9,364 M-4 $8,906 $9,129 $9,357 $9,591 $9,831 $10,077 $10,329 $10,587 $10,851 $11,123 M-5 $10,295 $10,552 $10,816 $11,086 $11,363 $11,647 $11,939 $12,237 $12,543 $12,857

SALARY SCHEDULES

CITY OF CUDAHY
SALARY SCHEDULE EFFECTIVE DATE January 1, 2023

TITLE GROUP RATE RANGE STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H STEP I STEP J Account Clerk PT HOURLY H10 $23.97 $25.17 $26.42
Accounting Technician CMEA MONTHLY A12 $5,358 $5,492 $5,629 $5,770 $5,914 $6,062 $6,214 $6,369 $6,528 $6,691 Administrative Analyst CONFIDENTIAL MONTHLY C1 $4,083 $4,185 $4,289 $4,397 $4,506 $4,619 $4,735 $4,853 $4,974 $5,099 Administrative Assistant CMEA MONTHLY A8 $4,573 $4,688 $4,805 $4,925 $5,048 $5,174 $5,304 $5,436 $5,572 $5,711 Administrative Clerk PT HOURLY H10 $23.97 $25.17 $26.42 Administrative Intern PT HOURLY H5 $18.78 $19.72 $20.70 Administrative Services Director MGMT MONTHLY M4 $8,906 $9,129 $9,357 $9,591 $9,831 $10,077 $10,329 $10,587 $10,851 $11,123 Assistant City Engineer CMEA MONTHLY A20 $7,771 $7,966 $8,165 $8,369 $8,578 $8,793 $9,012 $9,238 $9,469 $9,705 Assistant City Clerk MGMT MONTHLY M2 $6,346 $6,505 $6,667 $6,834 $7,005 $7,180 $7,360 $7,544 $7,732 $7,925 Assistant Engineer CMEA MONTHLY A14 $5,824 $5,969 $6,118 $6,271 $6,428 $6,589 $6,754 $6,922 $7,096 $7,273 Assistant Recreation Program Coordinator CMEA MONTHLY A5 $4,150 $4,254 $4,360 $4,469 $4,581 $4,695 $4,813 $4,933 $5,056 $5,183 Associate Engineer CMEA MONTHLY A16 $6,410 $6,570 $6,734 $6,903 $7,075 $7,252 $7,433 $7,619 $7,810 $8,005 Building Inspector CMEA MONTHLY A14 $5,824 $5,969 $6,118 $6,271 $6,428 $6,589 $6,754 $6,922 $7,096 $7,273 City Council Member ELECTED MONTHLY FLAT RATE $484
City Clerk APPOINTED MONTHLY M4 $8,906 $9,129 $9,357 $9,591 $9,831 $10,077 $10,329 $10,587 $10,851 $11,123 City Manager APPOINTED MONTHLY FLAT RATE $18,476
City Treasurer APPOINTED MONTHLY FLAT RATE $5,339
Community Development Director MGMT MONTHLY M5 $10,295 $10,552 $10,816 $11,086 $11,363 $11,647 $11,939 $12,237 $12,543 $12,857 Community Preservation Officer CMEA MONTHLY A8 $4,573 $4,688 $4,805 $4,925 $5,048 $5,174 $5,304 $5,436 $5,572 $5,711 Community Preservation Technician PT HOURLY H8 $21.74 $22.83 $23.97 Deputy City Clerk CONFIDENTIAL MONTHLY C2 $4,716 $4,834 $4,955 $5,079 $5,206 $5,336 $5,470 $5,606 $5,746 $5,890 Executive Assistant CONFIDENTIAL MONTHLY A10 $5,038 $5,164 $5,293 $5,425 $5,561 $5,700 $5,842 $5,988 $6,138 $6,291 Finance Director MGMT MONTHLY M5 $10,295 $10,552 $10,816 $11,086 $11,364 $11,648 $11,939 $12,237 $12,543 $12,857 Human Resources Manager MGMT MONTHLY M3 $7,498 $7,686 $7,878 $8,075 $8,277 $8,484 $8,696 $8,913 $9,136 $9,364 Human Resources Specialist CONFIDENTIAL MONTHLY C3 $5,350 $5,484 $5,621 $5,761 $5,905 $6,053 $6,204 $6,359 $6,518 $6,681 Junior Deputy City Clerk CONFIDENTIAL MONTHLY C1 $4,083 $4,185 $4,290 $4,397 $4,507 $4,619 $4,735 $4,853 $4,975 $5,099 Maintenance Aide PT HOURLY H2 $16.22 $17.03 $17.89
Maintenance Leader CMEA MONTHLY A6 $4,358 $4,467 $4,579 $4,693 $4,810 $4,931 $5,054 $5,180 $5,310 $5,442 Maintenance Superintendent CMEA MONTHLY A11 $5,289 $5,421 $5,557 $5,696 $5,838 $5,984 $6,134 $6,287 $6,444 $6,605 Maintenance Supervisor CMEA MONTHLY A9 $4,800 $4,920 $5,043 $5,169 $5,298 $5,431 $5,566 $5,705 $5,848 $5,994 Maintenance Worker CMEA MONTHLY A3 $3,773 $3,867 $3,964 $4,063 $4,165 $4,269 $4,375 $4,485 $4,597 $4,712 Management Analyst CONFIDENTIAL MONTHLY M2 $6,346 $6,504 $6,667 $6,834 $7,005 $7,180 $7,359 $7,543 $7,732 $7,925 Maintenance Worker Janitorial CMEA MONTHLY A3 $3,773 $3,867 $3,964 $4,063 $4,165 $4,269 $4,375 $4,485 $4,597 $4,712 Municipal Enforcement Officer PT HOURLY H6 $19.71 $20.70 $21.73 Office Clerk CMEA MONTHLY A6 $4,358 $4,467 $4,579 $4,693 $4,810 $4,931 $5,054 $5,180 $5,310 $5,442 Parking Enforcement Officer CONFIDENTIAL MONTHLY A7 $4,397 $4,507 $4,620 $4,735 $4,854 $4,975 $5,099 $5,227 $5,357 $5,491 Planning Assistant CMEA MONTHLY A9 $4,800 $4,920 $5,043 $5,169 $5,298 $5,431 $5,566 $5,705 $5,848 $5,994 Planning Associate CMEA MONTHLY A10 $5,038 $5,164 $5,293 $5,425 $5,561 $5,700 $5,842 $5,988 $6,138 $6,291 Planning Technician PT HOURLY H7 $20.70 $21.74 $22.83
Public Safety and Services Manager MGMT MONTLY M3 $7,315 $7,498 $7,685 $7,878 $8,074 $8,276 $8,483 $8,695 $8,913 $9,136 Public Works Director/Engineer MGMT MONTHLY M5 $10,295 $10,552 $10,816 $11,086 $11,364 $11,648 $11,939 $12,237 $12,543 $12,857 Purchasing and Grants Coordinator CMEA MONTHLY A12 $5,358 $5,492 $5,629 $5,770 $5,914 $6,062 $6,214 $6,369 $6,528 $6,691 Recreation Aide PT HOURLY H1 $15.50 $16.28 $17.09
Recreation Leader PT HOURLY H3 $17.10 $17.96 $18.85
Recreation Program Coordinator CMEA MONTHLY A9 $4,800 $4,920 $5,043 $5,169 $5,298 $5,431 $5,566 $5,705 $5,848 $5,994 Parks and Recreation Program Manager CMEA MONTHLY A11 $5,289 $5,421 $5,557 $5,696 $5,838 $5,984 $6,134 $6,287 $6,444 $6,605 Senior Accountant CMEA MONTHLY A17 $6,726 $6,894 $7,066 $7,243 $7,424 $7,610 $7,800 $7,995 $8,195 $8,400 Senior Building Inspector CMEA MONTHLY A15 $6,110 $6,263 $6,419 $6,580 $6,744 $6,913 $7,086 $7,263 $7,444 $7,631 Senior Community Preservation Officer CMEA MONTHLY A9 $4,800 $4,920 $5,043 $5,169 $5,298 $5,431 $5,566 $5,705 $5,848 $5,994 Senior Parking Enforcement Officer CONFIDENTIAL MONTHLY A16 $6,410 $6,570 $6,734 $6,903 $7,075 $7,252 $7,433 $7,619 $7,810 $8,005 Senior Planner MGMT MONTHLY A17 $6,726 $6,894 $7,066 $7,243 $7,424 $7,610 $7,800 $7,995 $8,195 $8,400 Senior Recreation Leader PT HOURLY H4 $17.88 $18.77 $19.71 Supportive Services Coordinator CMEA MONTHLY A13 $5,549 $5,687 $5,830 $5,975 $6,125 $6,278 $6,435 $6,596 $6,760 $6,929

TITLE GROUP RATE RANGE STEP A STEP B STEP C STEP D STEP E Account Clerk PT HOURLY H9 24.32$ 25.54$ 26.81$
Accounting Technician CMEA MONTHLY A8 5,719$ 6,005$ 6,305$ 6,620$ 6,951$ Administrative Analyst CONFIDENTIAL MONTHLY C5 5,174$ 5,433$ 5,705$ 5,990$ 6,289$ Administrative Assistant CMEA MONTHLY A5 4,940$ 5,187$ 5,446$ 5,719$ 6,005$ Administrative Clerk PT HOURLY H10 25.54$ 26.81$ 28.15$ Administrative Intern PT HOURLY H5 20.01$ 21.01$ 22.06$ Assistant City Clerk MGMT MONTHLY M3 6,667$ 7,000$ 7,350$ 7,718$ 8,104$ Assistant City Engineer MGMT MONTHLY M5 7,907$ 8,303$ 8,718$ 9,154$ 9,611$ Assistant Engineer CMEA MONTHLY A10 6,305$ 6,620$ 6,951$ 7,299$ 7,664$ Assistant Planner CMEA MONTHLY A7 5,446$ 5,719$ 6,005$ 6,305$ 6,620$ Assistant Recreation Coordinator CMEA MONTHLY A3 4,481$ 4,705$ 4,940$ 5,187$ 5,446$ Assistant to City Manager MGMT MONTHLY M5 7,907$ 8,303$ 8,718$ 9,154$ 9,611$ Associate Engineer CMEA MONTHLY A13 7,299$ 7,664$ 8,047$ 8,449$ 8,871$ Associate Planner CMEA MONTHLY A11 6,620$ 6,951$ 7,299$ 7,664$ 8,047$ Building Inspector CMEA MONTHLY A10 6,305$ 6,620$ 6,951$ 7,299$ 7,664$ Building Official MGMT MONTHLY M7 9,394$ 9,864$ 10,357$ 10,875$ 11,419$ City Clerk APPOINTED MONTHLY M7 9,394$ 9,864$ 10,357$ 10,875$ 11,419$ City Council Member ELECTED MONTHLY FLAT RATE $484
City Manager APPOINTED MONTHLY FLAT RATE $20,168.86
Community Development Director MGMT MONTHLY M10 12,504$ 13,129$ 13,786$ 14,475$ 15,199$ Community Preservation Manager MGMT MONTHLY M3 6,667$ 7,000$ 7,350$ 7,718$ 8,104$ Community Preservation Officer CMEA MONTHLY A6 5,187$ 5,446$ 5,719$ 6,005$ 6,305$ Community Preservation Technician PT HOURLY H10 25.54$ 26.81$ 28.15$ Community Services Director MGMT MONTHLY M7 9,394$ 9,864$ 10,357$ 10,875$ 11,419$ Deputy City Clerk CONFIDENTIAL MONTHLY C6 5,433$ 5,705$ 5,990$ 6,289$ 6,604$ Executive Assistant CMEA MONTHLY A7 5,446$ 5,719$ 6,005$ 6,305$ 6,620$ Executive Assistant to the City Manager CONFIDENTIAL MONTHLY C7 5,705$ 5,990$ 6,289$ 6,604$ 6,934$ Finance Director MGMT MONTHLY M10 12,504$ 13,129$ 13,786$ 14,475$ 15,199$ Housing Specialist 1 CMEA MONTHLY A6 5,187$ 5,446$ 5,719$ 6,005$ 6,305$ Housing Specialist 2 CMEA MONTHLY A9 6,005$ 6,305$ 6,620$ 6,951$ 7,299$ Human Resources Manager MGMT MONTHLY M6 8,619$ 9,050$ 9,502$ 9,977$ 10,476$ Human Resources Specialist CONFIDENTIAL MONTHLY C7 5,705$ 5,990$ 6,289$ 6,604$ 6,934$ Junior Deputy City Clerk CONFIDENTIAL MONTHLY C1 4,257$ 4,480$ 4,716$ 4,965$ 5,226$ Maintenance Aide PT HOURLY H7 22.06$ 23.16$ 24.32$
Maintenance Leader CMEA MONTHLY A5 4,940$ 5,187$ 5,446$ 5,719$ 6,005$ Maintenance Superintendent MGMT MONTHLY M3 6,667$ 7,000$ 7,350$ 7,718$ 8,104$ Maintenance Supervisor CMEA MONTHLY A9 6,005$ 6,305$ 6,620$ 6,951$ 7,299$ Maintenance Worker CMEA MONTHLY A1 4,064$ 4,277$ 4,503$ 4,728$ 4,964$ Maintenance Worker- Electrician CMEA MONTHLY A4 4,705$ 4,940$ 5,187$ 5,446$ 5,719$ Maintenance Worker- Janitorial CMEA MONTHLY A1 4,064$ 4,277$ 4,503$ 4,728$ 4,964$ Management Analyst CONFIDENTIAL MONTHLY C7 5,705$ 5,990$ 6,289$ 6,604$ 6,934$ Municipal Enforcement Officer PT HOURLY H10 25.54$ 26.81$ 28.15$ Office Clerk CMEA MONTHLY A4 4,705$ 4,940$ 5,187$ 5,446$ 5,719$ Parks and Recreation Program Manager MGMT MONTHLY M3 6,667$ 7,000$ 7,350$ 7,718$ 8,104$ Permit Technician CMEA MONTHLY A5 4,940$ 5,187$ 5,446$ 5,719$ 6,005$ Planning Technician PT HOURLY H6 21.01$ 22.06$ 23.16$
Public Safety and Services Manager MGMT MONTLY M6 8,619$ 9,050$ 9,502$ 9,977$ 10,476$ Public Works Director/Engineer MGMT MONTHLY M9 11,367$ 11,936$ 12,532$ 13,159$ 13,817$ Purchasing Coordinator CMEA MONTHLY A9 6,005$ 6,305$ 6,620$ 6,951$ 7,299$ Recreation Aide PT HOURLY H3 18.15$ 19.06$ 20.01$
Recreation Coordinator CMEA MONTHLY A7 5,446$ 5,719$ 6,005$ 6,305$ 6,620$ Recreation Leader PT HOURLY H5 20.01$ 21.01$ 22.06$
Senior Accountant MGMT MONTHLY M4 7,254$ 7,617$ 7,998$ 8,398$ 8,818$ Senior Building Inspector CMEA MONTHLY A12 6,951$ 7,299$ 7,664$ 8,047$ 8,449$ Senior Community Preservation Officer CMEA MONTHLY A8 5,719$ 6,005$ 6,305$ 6,620$ 6,951$ Senior Planner MGMT MONTHLY M5 7,907$ 8,303$ 8,718$ 9,154$ 9,611$ Senior Recreation Leader PT HOURLY H7 22.06$ 23.16$ 24.32$

CITY OF CUDAHY
SALARY SCHEDULE EFFECTIVE DATE July 1, 2023

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
07/18/2023 Page 1 of 4

STAFF REPORT
Date: July 18, 2023
To: Honorable Mayor/ Members fo the City Council
From: Alfonso Noyola, City Manager/Executive Director
By: Andres Rangel, Assistant to the City Manager
Subject: A Public Hearing to Consider and Adopt Resolution No. 23-36 of the City of Cudahy City Council Approving Substantial Amendment No. 1 to the Fiscal Year 2023-2024 Community Development Block Grant (CDBG)

RECOMMENDATION
The City Council is requested to Adopt Resolution No. 23-36, approving Substantial Amendment No. 1 to the Fiscal Year 2023-2024 Community Development Block Grant (CDBG).

BACKGROUND

1. On January 17, 2023, the City Council adopted Resolution No. 23-02 approving projects for the FY 2023-2024 Community Development Block Grant (CDBG).

2. On June 16, 2023, a notice was published regarding the consideration for the substantial amendment and upcoming public hearing for July 18, 2023.

ANALYSIS
The United States Department of Housing and Urban Development (HUD) administers the CDBG program. For funding eligibility, a city must submit an annual application to HUD.

Applications are submitted through the Los Angeles County Development Authority (LACDA).

The City of Cudahy City Council approved funding and projects for Fiscal Year (FY) 2023-2024 on January 17, 2023.

Since then, the replacement and installation of doors throughout City facilities to comply for ADA compliance as well as address security and public safety concerns has been a priority project for the City.

Item Number
13A

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
07/18/2023 Page 2 of 4
When a substantial change (i.e., adding an activity, canceling an activity, or redirecting funds) is proposed the LACDA requires the City that the public be notified and a public hearing be held to allow the public an opportunity to comment on the proposed substantial changes.

ELIGIBLE ACTIVITIES FOR FUNDING
The types of activities that can be funded under the program include the following:
• Land acquisition and disposition;
• Development of, and improvements to, public facilities; • Street and other infrastructure improvements;
• Demolition and clearance of property improvements;
• Code Enforcement ;
• Public service activities;
• Housing and commercial rehabilitation;
• Economic development activities; and
• Program administration.

INELIGIBLE ACTIVITIES
There are certain activities or projects for which CDBG funds cannot be used. These ineligible activities include:
• Construction of city halls, county administrative buildings, or other facilities in which the legislative, judicial, or general administrative affairs of the government are conducted;
• Purchase of equipment, unless otherwise required for program purposes; • Operating and maintenance expenses;
• General government expenses; and
• Political activities.

PROPOSED PROJECTS
The CDBG Projects and Budgets being proposed to the City Council for the recovered funds as follows:

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
07/18/2023 Page 3 of 4
FY 2023-2024 CDBG
Project Name
Previously
Funded/Approved
Budget
Proposed
Changes
Proposed Revised CDBG
Budget Amendment No. 1
Non-Public Service Activies
Code Enforcement $200,000 $0.00 $200,000.00
Business Assistance $43,403.00 $0.00 $43,403.00
Clara & Lugo Park
Marquee Installation
Project
$131,031.00 $0.00 $131,031.00
Single Unit Housing
Rehabilitation $22,505.00 $0.00 $22,505.00
Clara Park Expansion Park
Restroom Improvements
$250,000.00 ($250,000.00) $0.00
ADA Door Installation
Project – New Activity $0.00 $250,000.00 $250,000.00
Subtotal Budget $646,939.00 $0.00 $646,939.00
Public Service- Project Names 20% Cap
Camp Commerce $13,574.00 $0.00 $13,574.00
Graffiti Abatement $52,902.00 $0.00 $52,902.00
Subtotal Budget $66,476.00 $0.00 $66,476.00
Grand Total $713,415.00 $0.00 $713,415.00

PROPOSED PROGRAMS TO ADD/CHANGE
• Clara St. Expansion Park Restroom Improvements – This project will be removed from the CDBG budget and addressed through various other special grants as part of the Clara Expansion Park Renovation Project.
• ADA Door Installation Project – This new project provides for the removal of access barriers for elderly, mobility impaired, wheelchaired and disabled adults through the design and construction of automatic entrance doors and other ADA compliant improvement at three (3) of the City of Cudahy's public multi-use recreation facilities:

Bedwell Hall, Turner Hall, and Lugo Teen Center.

CONCLUSION
Staff recommends that the City Council review and adopt resolution No. 23-36, approving Substantial Amendment No. 1 to the Fiscal Year 2023-2024 Community Development Block Grant (CDBG).

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STRATEGIC PLAN CORRELATION
Goal E (City Infrastructure and Services Delivery)
Objective:

2. Implement the City’s facility maintenance plan to ensure facilities and infrastructure are adequate, safe and clean in order to provide the desired services.

FINANCIAL IMPACT
No impact to the City’s general fund. Activities proposed through this substantial amendment are fully funded by the City’s CDBG budget.

ATTACHMENTS
A. Resolution No. 23-36 approving Substantial Amendment No. 1 to the Fiscal Year 2023-2024 Community Development Block Grant (CDBG).

R0ESOLUTION NO. 23-36

A RESOLUTION OF THE CITY OF CUDAHY CITY COUNCIL APPROVING SUBSTANTIAL AMENDMENT NO. 1 TO THE FISCAL YEAR 2023-2024 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM.

WHEREAS, on August 22, 1974, the President of the United States signed into law the Housing and Community Development Act of 1974 (Act); and WHEREAS, the primary goals of Title I of the Act are the development of viable urban communities by providing decent housing and a suitable living environment, and expanding economic opportunities, principally for persons of low and moderate income; and
WHEREAS, the Cudahy City Council has published information regarding eligible activities under the Act and has conducted a public hearing to solicit suggestions from the community for the utilization of these funds.

NOW, THEREFORE, BE IT RESOLVED,
Section 1: The Cudahy City Council hereby approves substantial amendment number one to the CDBG funds for FY 2023-24 for the following purposes:

Camp Commerce $ 13,574
Graffiti Abatement $ 52,902
Business Assistance $ 43,403
Single Unit Rehabilitation Program $ 22,505
ADA Door Installation Project $ 250,000
Code Enforcement $ 200,000
Clara & Lugo Park Marquee
Installation Project $ 131,031
Grand Total $ 713,415
Section 2: The City Council authorizes City staff to adjust the Program budget as necessary throughout the Fiscal Year. This includes, but is not limited to, allocating amounts on a per project basis, adjust project budgets, implementing a new or cancelling existing activities, to allow for the timely expenditure of CDBG-funds.

Attachment A Page 79 of 439
Resolution No. 23-36

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this 18
th day of July 2023.

Daisy Lomelí
Mayor
ATTEST:

Richard Iglesias
City Clerk

Resolution No. 23-36

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 23-36 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 18
th day of July 2023, and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Richard Iglesias
City Clerk

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STAFF REPORT
Date: July 18, 2023
To: Honorable Mayor/Chair and City Council/Agency Members From: From: Alfonso Noyola, City Manager/Executive Director By: Richard Iglesias, City Clerk
Subject: Approval of Professional Services Agreement for Remote and On-site Translation Services

RECOMMENDATION
The City Council is requested to award a Professional Services Agreement (PSA) to both Municipal Translation Company and Language Network, to provide remote and on-site translation for a one-year term, maximum of two (2) one-year extension terms, with the total services for both agreements not to exceed $18,000 annually.

BACKGROUND

1. On October 6, 2022, the City issued a Request for Proposals (RFP) for Translation Services.

2. On October 31, 2021, the proposal due date closed, the City received thirteen proposals total, three proposals were for written translation only.

3. On November 1, 2022, the City reviewed all proposals.

4. On November 7, 2022, the City notified Language Network that it was the top-ranked in the RFP process and would be recommended to Council for contract approval.

5. On December 6, 2022, City Council did not approve Language Network’s agreement and instead directed staff to reopen the Translation Services Request for Proposals.

6. On March 6, 2023, the City reissued the RFP for Translation Services.

7. On April 5, 2023, the period to submit proposals closed, the City received seven proposals total.

Item Number
14A

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8 On May 24, 2023, the City notified Language Network that it was the top-ranked in the RFP process and would be recommended to Council for contract approval.

8. On June 6, 2023, the City Council did not approve the agreement with Language Network.

ANALYSIS
Following best practices and City Council direction, the City issued an RFP to provide remote and on-site Spanish translation services to Cudahy residents.

Due to Language Network, Inc.’s extensive experience with cities, expertise, cost, and ability to perform the task requested in the RFP, and Municipal Translation Company’s experience and familiarity with the City, staff is recommending approval of an agreement to both to ensure the City always has tranlsaton services available. If approved, either Language Network or Municipal Translation Company would provide remote or on-site translation Services for City Council meetings, Special Meetings, Townhall Meetings, or other meetings as needed.

CONCLUSION
Translation services are necessary for our Spanish-speaking community and encourage participation for those who attend City Council Meetings and other meetings as scheduled. City staff recommends the City Council approve both agreements with Language Network and Municipal Translation Company, attached as Exhibit A and B, for remote and on-site translation services to provide these services.

STRATEGIC PLAN CORRELATION
None.

FINANCIAL IMPACT
The amount for translation services is not to exceed $18,000 annually. The total cost to perform these services will vary depending on special meetings, town hall meetings, or other meetings where translation services are needed. The services will be funded through the City’s general fund.

ATTACHMENTS
A. Draft Professional Services Agreement between the City of Cudahy and Language Translation with Exhibit A, Exhibit B, and Exhibit C.

B. Draft Professional Services Agreement between the City of Cudahy and Municipal Translation Company with Exhibit A, Exhibit B, and Exhibit C.

1 2023

PROFESSIONAL SERVICES AGREEMENT
(Engagement: TRANSLATION SERVICES)
(Parties: Language Network Inc. and City of Cudahy)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into 18th day of July 2023 (hereinafter, the “Effective Date”) by and between the CITY OF CUDAHY, a municipal corporation (hereinafter, “CITY”) and [CONSULTANT NAME], (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.

RECITALS
WHEREAS, CITY requires professional translation services; and WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Cudahy City Council at its Regular Meeting of July 18, 2023, under Agenda Item No. 14A.

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

I.

ENGAGEMENT TERMS

1.1 TERM: This Agreement shall have a term commencing from the Effective Date through July 17, 2024, (hereinafter, the “Term”) and may be extended by the City administratively a maximum of two (2) one-year extension terms without having to return to City Council for approval. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination) below.

1.2 SCOPE OF SERVICES:

A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “Request for Proposal Translation Services” (hereinafter, “CITY RFP”) and the written proposal of CONSULTANT entitled “Translation and Interpretation Services” (hereinafter, the “CONSULTANT Proposal”). The CITY RFP and the CONSULTANT Proposal are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to Attachment A Page 85 of 439
2 the CITY RFP and the CONSULTANT Proposal. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT Proposal, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.”

1.3 PROSECUTION OF WORK:

A. CONSULTANT shall perform the Work contemplated under this Agreement on an on-call, as-needed basis. Nothing in this Agreement shall be construed to grant CONSULTANT the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONSULTANT to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONSULTANT and accepted by CITY. CITY requests for the performance of specific services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a “Work Order”). Each Work Order shall include the following information:

1. A detailed description of the specific services or tasks requested;

2. The location of where the particular services or tasks are to be performed, if applicable;

3. A not-to-exceed budget for performing the services or tasks;

4. A timeline for completing the requested services or tasks;

5. Any other information CITY deems necessary and relevant to the requested services or tasks; and

6. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.

B. CONSULTANT shall perform no Work under this Agreement without a written request from the City Representative, containing the information set forth in Section 1.3(A) above;
C. CONSULTANT shall perform the Work continuously and with due diligence so as to complete the Work by the completion date indicated in each Work Order. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents;

3 D. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; E. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and
F. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with the “FEE PROPOSAL” which is attached and incorporated hereto as Exhibit “C” (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the aggregate budgeted sum of EIGHTEEN THOUSAND ($18,000.00) (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.

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

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

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

1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to

4 perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.

II.

PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVE: The CITY hereby designates Alfonso Noyola, City Manager (hereinafter, the “CITY Representative”) to act as its representative for the performance of this Agreement. The CITY Representative or their designee will act on behalf of the CITY for all purposes under this Agreement.

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

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

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

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

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

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

5 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.

6 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

7 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

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

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

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

D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.

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

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

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

9 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 The insurance coverage requirement set forth under this Article 3 are in addition to any coverage requirements set forth under Section VIII (Insurance Coverages) of the CITY RFP.

3.8 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

10 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

11 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

12 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 fortyPage 96 of 439 13 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 1.5, 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.

14 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

15 as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

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

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

CONSULTANT: CITY:

Language Network Inc.
8506 Santa Monica Blvd #65575
West Hollywood, CA 90069
Attn: Stacy Harjer
Phone: (949) 733-2446
City of Cudahy
City Clerk’s Office
5220 Santa Ana Street
Cudahy, CA 90201
Phone: (323) 773-5143
Attn: Richard Iglesias
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, 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

16 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.

17 6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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

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

6.16, above.

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

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

18 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:_______________________

CONSULTANT NAME
By:

Name:

Title:

Date:_______________________
APPROVED AS TO FORM:

By: _____
City Attorney
Date:____________________________

19 EXHIBIT “A”

CITY RFP

Request for Proposals (RFP)
Translation Services
March 6, 2023
Consultants may email questions to the following contact:

Richard Iglesias, City Clerk
[email protected]
City of Cudahy
5220 Santa Ana Street
Cudahy, CA 90201

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CITY OF CUDAHY

REQUEST FOR PROPOSALS
Translation Services
I. Introduction
The City of Cudahy is seeking qualified consultants with experience in providing verbal translation services for public meetings, townhalls, workshops, events, etc. This Request for Proposals (“RFP”) provides the scope of work, submission format, guidelines, and evaluation and selection process.

The City’s goal is to provide verbal translation services to Cudahy residents, many of whom are primarily Spanish speakers.

Translation services required by the City are generally of short duration and specific in nature.

Through this RFP process, the City seeks to establish a Professional Services Agreement with the approved consultant with an authorized contract not-to-exceed $18,000 for one year, with a maximum of two (2) one-year extension terms.

Depending upon the project's scale and particular needs, the consultant may need to demonstrate their ability to undertake the job before the project is assigned.

II. Background
Cudahy is located in Southeast Los Angeles County, next to the L.A. River. The City was incorporated on November 10, 1960, and named after its founder, meat-packing baron Michael Cudahy, who purchased the land known as Rancho San Antonio in 1908 for development.

Cudahy is 1.1 square miles with a current population of 23,606. The City is a general law city and operates under the council-city manager form of government.

III. Scope of Work
Consultants shall be expected to provide the following services to the City of Cudahy upon request:

A. Public Meetings
The City requires Simultaneous interpretation (English/Spanish and Spanish/English) services for in-person city council meetings every first and third Tuesday of each month and other meetings on an as-needed basis for special city council meetings, committee meetings, town hall meetings, workshops, events, and other meetings on Zoom or in person. Consultants must provide all equipment necessary to provide this type of service.

B. Emergency Translation
In the event of a catastrophic event or some other emergency, the City may require verbal translation services.

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IV. Statement of Qualifications Format and Content
The format and sequence of each Consultant Statement of Qualifications (“SOQ”) shall be as follows:

A. Provide office location, company history, current number of employees, and contact information.

B. Describe the Consultant in terms of overall capabilities, areas of expertise, certifications, experience, and training concerning the proposed scope of work in Section III.

C. Identify availability and accessibility for all City meetings, including the availability of other consultants and alternates; include routine and urgent response times.

D. Please list any current or past comparable contracts or experience. Please indicate:
a. Contracting agency
b. Type of services provided
c. Years of services provided
E. It is anticipated that services will be billed at hourly rates. Please provide a detailed list of hourly rates or project rates for all services referred to in the scope of work and equipment rental charges (i.e., transmitters, receivers, etc.). Indicate if equipment rental charges are included as part of the project rates. Provide rates for Zoom meetings and in-person meetings if different.

F. Resumes and certifications of all consultants providing service.

G. Provide a minimum of at least three (3) references. Include names, addresses, telephone numbers, and a brief project description.

H. Any additional information the Consultant deems appropriate.

V. Submittal Guidelines
Submissions shall be emailed to [email protected] or by mail, three hard copies, including a flash drive with an electronic copy of the proposal, in a sealed envelope, package, or in person to the address below:

Richard Iglesias
City Clerk
City of Cudahy
5220 Santa Ana Street
Cudahy, CA 90201
Any inquiries related to the RFP should be directed to Richard Iglesias at (323) 773-5143 ext. 227 or emailed to [email protected].

Please note that late or incomplete submissions will not be considered or evaluated.

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VI. Selection Process Timeline
Distribution of RFP: March 6, 2023
Submission deadline: April 5, 2023, at 5:00 p.m.

SOQ are evaluated: April 11, 2023
City Staff interviews top consultants (If needed): April 13, 2023 City Staff selects consultant(s): April 17, 2023
Finalize Agreement(s) with approved consultant(s): April 24, 2023 Agreement(s) subject to Council approval: May 2, 2023
VII. Evaluation and Selection Process
Submissions will be evaluated utilizing the following criteria:
• Background and experience of the Consultant in conducting similar work (25 points) • Ability to provide translation services verbal or written and complete the work in a correct and timely manner (25 points)
• Accessibility and Availability (25 points)
• Cost (15 points)
• References (10 points)
As part of the evaluation process, the City of Cudahy may conduct interviews with consultants whose qualifications closely match the RFP requirements. Upon completion of the evaluation process, the most qualified consultant(s) will be contacted to finalize the Scope of Work and related terms of a professional services agreement. A draft agreement (Attachment A) is included as part of this RFP.

The City of Cudahy reserves the right to reject any and all proposals received, not necessarily accept the lowest bid price submitted, should it be deemed in its best interest to do so.

VIII. General Terms and Conditions
Clarification of Information
The City reserves the right to request clarification of information submitted and to request additional information from any consultant.

Submission Validity
The Consultant pricing shall be valid for a minimum of 90 days.

Submission Acceptance
The City reserves the right to accept all or a portion of the Consultant’s proposal.

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Proposal Preparation Costs
The City shall not be responsible for any costs incurred by the Consultant in preparing, submitting or presenting its response to the RFP.

Insurance
Consultant, at all times, while performing work under an awarded City Agreement, shall maintain general liability insurance coverage applicable to the services being rendered by the consultant in accordance with California law.

Withdrawal of Proposal Before Closing
Any consultant may request the withdrawal of their submission, either in person, by telephone, or written request, at any time prior to the scheduled closing date and time. Upon receiving the written request to withdraw any proposal, City of Cudahy will consider the Consultant’s submission null and void. Withdrawal of Consultant’s submission will not prejudice the Consultant’s re-submittal for this or any future submissions.

Interpretation of Documents
During the solicitation period should a Consultant find discrepancies or omissions in the specifications of the RFP, or should the Consultant be in doubt as to their interpretation, the Consultant shall immediately notify the City contact named in the RFP. Should it be found necessary, an addendum will be posted on the city website. Any addenda shall form a part of this solicitation and shall become a part of the submitted proposal.

Public Record
Upon the authorization of consultants, the results will become available. Be advised all information contained in submissions in response to this solicitation shall be subject to the California Public Records Act (government Code Section 6250 et seq.), and information use and disclosure are governed by this act.

Liens
The Consultant shall pay all sums of money that become due from any labor, services, materials or equipment furnished to consultant on account of said product/services to be furnished as a result of the RFP and that may be secured by any lien against the City of Cudahy. The Consultant shall fully discharge such lien no later than the time of performance of the obligation.

Federal, State and Local Laws
The Consultant and all sub-contractors shall comply with all applicable federal, state and local laws, rules, and regulations.

1 2023

PROFESSIONAL SERVICES AGREEMENT
(Engagement: TRANSLATION SERVICES)
(Parties: [CONSULTANT NAME] 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 [CONSULTANT NAME], (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.

RECITALS
WHEREAS, CITY requires professional translation services; and WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Cudahy City Council at its Regular Meeting of ___, 2023 under Agenda Item No. _____.

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

I.

ENGAGEMENT TERMS

1.1 TERM: This Agreement shall have a term commencing from the Effective Date through [COMPLETION DATE] (hereinafter, the “Term”) and may be extended by the City administratively a maximum of two (2) one-year extension terms without having to return to City Council for approval. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination) below.

1.2 SCOPE OF SERVICES:

A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “Request for Proposal Translation Services” (hereinafter, “CITY RFP”) and the written proposal of CONSULTANT entitled “[TITLE OF CONSULTANT PROPOSAL]” (hereinafter, the “CONSULTANT Proposal”). The CITY RFP and the CONSULTANT Proposal are attached and incorporated hereto as Exhibit “A” and “B” Attachment A Page 109 of 439
2 respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONSULTANT Proposal. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT Proposal, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.”

1.3 PROSECUTION OF WORK:

A. CONSULTANT shall perform the Work contemplated under this Agreement on an on-call, as-needed basis. Nothing in this Agreement shall be construed to grant CONSULTANT the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONSULTANT to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONSULTANT and accepted by CITY. CITY requests for the performance of specific services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a “Work Order”). Each Work Order shall include the following information:

1. A detailed description of the specific services or tasks requested;

2. The location of where the particular services or tasks are to be performed, if applicable;

3. A not-to-exceed budget for performing the services or tasks;

4. A timeline for completing the requested services or tasks;

5. Any other information CITY deems necessary and relevant to the requested services or tasks; and

6. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.

B. CONSULTANT shall perform no Work under this Agreement without a written request from the City Representative, containing the information set forth in Section 1.3(A) above;
C. CONSULTANT shall perform the Work continuously and with due diligence so as to complete the Work by the completion date indicated in each Work Order. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents;

3 D. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; E. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and
F. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with the “[TITLE OF COMPENSATION DOCUMENT]” which is attached and incorporated hereto as Exhibit “C” (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the aggregate budgeted sum of [WRITTEN AMOUNT ($ INSERT NUMBER)] (hereinafter, the “Not-toExceed 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.

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

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

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

4 1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.

II.

PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVE: The CITY hereby designates Alfonso Noyola, City Manager (hereinafter, the “CITY Representative”) to act as its representative for the performance of this Agreement. The CITY Representative or their designee will act on behalf of the CITY for all purposes under this Agreement.

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

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

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

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

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

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

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

A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood

5 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

6 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,

7 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

8 have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

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

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

D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per claim.

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

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

3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers will be in excess of

9 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 The insurance coverage requirement set forth under this Article 3 are in addition to any coverage requirements set forth under Section [SECTION (Insurance Coverages) of the CITY RFP].

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

10 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

11 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

12 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.

13 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

14 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

15 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:

CONSULTANT NAME

ADDRESS
Attn: CONTACT PERSON
Phone: INSERT PHONE
City of Cudahy

CITY DEPARTMENT

CITY ADDRESS
Phone: CITY PHONE NUMBER
Attn: DEPARTMENT DIRECTOR
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

16 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.

17 6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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

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

6.16, above.

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

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

18 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:_______________________

CONSULTANT NAME
By:

Name:

Title:

Date:_______________________
APPROVED AS TO FORM:

By: _____
City Attorney
Date:____________________________

19 EXHIBIT “A”

CITY RFP

20 EXHIBIT “B”

CONSULTANT PROPOSAL

21 EXHIBIT “C”

COMPENSATION RATE

Blank Page

20 EXHIBIT “B”

CONSULTANT PROPOSAL

Language Network Inc.

Response to
RFP
Translation and Interpretation Services
Total Pages: 12
Dated:

April 3rd 2023

CONSULTANT STATEMENT OF QUALIFICATIONS
A. We have nearly 12 local key-staff members (in addition to our 33 remote, internal team members) to exclusively support the City of Cudahy.

LOCATION:
11801 Pierce Street, St 200
Riverside, California 92505
(949) 733-2446
COMPANY HISTORY: Language Network began as a single Spanish interpreter in Orange City, California in 1991. We have continued to listen to our clients to solve their challenges with language barriers and as their needs grew, so did we. Today, we are a full-service language solutions company with a vast network of linguists, partnering with organizations across the entire state of California and Washington. Our language services include translation, interpreting, and consulting in over 200 languages.

Our established reputation and extensive experience in educational language services have allowed us to develop loyal relationships with a client base composed of state and local government agencies, colleges and universities, K-12 Schools, community and healthcare organizations. We pride ourselves on our ability to deliver prompt and reliable service to maintain a long-term client partnership. Language Network has an excellent reputation for supporting nearly 100 local government agencies throughout California and Washington.

Our translators and interpreters are highly qualified and experienced in working within the local government environment. Language Network Inc. has a selection process ensuring you get the right language professional that specializes and/or is experienced for the type of services needed.

B. CAPABILITIES AND EXPERTISE
Language Network is a full-service language solutions company specializing in on-site interpreting, remote interpreting, document translation, transcription and other multimedia services.

Organizations across local government, K-12 education, healthcare, insurance, legal, and government agencies rely on Language Network. In 2020, Language Network was recognized as a top twenty interpreting services provider out of 426 language companies by Common Sense Advisory. (Link)
Language Network was founded in 1991 and is a minority owned California corporation with corporate headquarters in Riverside, California with offices and team members based in Sacramento, Santa Barbara, and Greater Los Angeles. Language Network currently employs 41 team members to support our clients.

Our commitment is to provide the best interpreters and translators, the highest standard of quality, personal service and on-schedule delivery for each project at a reasonable cost. Our years of experience in translation, interpretation, project management, interpreter and translator

training and education, and as multi-cultural communications consultants assure our clients of the highest level of quality and service in the industry.

Language Network stays up to date with the latest trends, certifications and laws that affect our industry by maintaining contact with the Judicial Council of California, the National Board of Medical Interpreters (CMI), and Certification Commission for Health Care Interpreters (CCHI) and several local and national organizations. In addition, Language Network is an active member of industry associations such as Association of Language Companies (ALC) and the American Translators Association (ATA).

We are currently partnered with nearly 100 local government entities in California and Washington. Language Network interpreters and translators are specialized linguists with many years of experience providing communication in local government settings.

Our interpreters must have at least three years of in-the-field experience. The resources are educated and prepared for conducting themselves in a professional manner in compliance to our industry code of ethics. Due to the nature of public meetings, our interpreters are proficient and provide consecutive and simultaneous interpretation to our local government clients.

Language Network certified translators are proficient in producing an accurate document translation that integrates critical factors: the target audience, cultural relevance, accurate translation of the subject matter and formatting of the document.

Each of the translators must have at least 5 years of translation experience and be certified to translate their language pairs. Certification is obtained either through university translation degrees and/or accreditation through national organizations. Each of our translators must provide several sample translations for review.

C. AVAILABILITY, METHODOLOGY AND APPROACH TO WORK
Language Network has over 4,000 highly qualified interpreters ready to meet your needs.

Interpreters we work with provide quality and culturally sensitive interpretations to help you comply with regulations and reduce risk. Whether you have a meeting or conference that requires a single interpreter, or a larger setting that requires interpreting equipment for multiple languages, Language Network is able to support the project. Our local on-site and video interpreters service several Cities throughout California and are well trained on simultaneous interpretation within the public meeting space.

For public meetings in one or more languages, we deploy simultaneous interpreters either onsite, via video or both depending on the City’s request. We have local resources who are highly trained and skilled to perform this type of interpreting.

Consecutive interpretation is also available via video, onsite and over the phone. Typically, we deploy this during the question and answer session of a public meeting and/or if questions on a virtual platform need to be site translated to the audience.

Over-the-phone interpreters are available 24/7/365 in an on-demand model, within minutes, to help facilitate a conversation. This easy and cost-effective form of interpreting is a great way to help your multilingual interactions run as smoothly as possible.

Our linguists who are assigned to local government requests understand that public meetings can last 3-6 hours if not longer. Our dedicated scheduling team will make sure to provide resources who can cover the duration of these meetings as well as provide resources during weeknights when these types of meetings are typically held.

Language Network has over 2,000 certified translators who are proficient in producing an accurate document translation that integrates critical factors: the target audience, cultural relevance, accurate translation of the subject matter and formatting of the document.

Each of the translators must have at least 5 years of translation experience and be certified to translate their language pairs. Certification is obtained either through university translation degrees and/or accreditation through national organizations. Each of our translators must provide several sample translations for review.

Language Network will also assign a dedicated Account Manager to prepare and deliver 30-minute onboarding/training session(s) to the requesters. The session(s) will include an overview of how to schedule services, reach on-demand telephonic interpreters, request translation quotes, and answer any questions that requesters have regarding specific use-cases. We can also cover the rules and regulations related to language access during this session, if requested.

We will provide a secure online booking system for requesters to pre-schedule interpretation appointments and run data reports to review usage. The booking system is HIPAA compliant and each authorized user will be provided a secure, dedicated username and password. Our Operations team can customize user-access depending on if the City would like one user or multiple users to have access.

Our goal is to ensure that we have a streamlined work plan and open communication during our partnership.

D. COMPARABLE CONTRACT SAMPLES
Language Network is contracted with nearly 100 local government agencies in California and Washington. Please find below a few of our Southern California clients.

City of Bellflower
16600 Civic Center Dr, Bellflower, CA 90706
Contact person:Mayra Ochiqui, City Clerk
Email address: [email protected]
Telephone address:(562) 804-1424, ext. 2222
Project name: Translation and Interpretation Services
Dates worked performed: 2011 - Current
Summary of scope of services: Translation of election material. Over 10 years of translation requests for city election material that is mailed to residents and posted in newspapers. The City of Bellflower has to accommodate a large limited English speaking population and requests translated material in multiple languages. The City utilizes Language Network for reliable and accurate translation delivered in a timely manner and often requests 24 hour turnaround time to make election compliance deadlines for posting translated notices.

Project cost: $20K annually

City of Arcadia
Address: 240 W Huntington Dr, Arcadia, CA 91007
Contact person: Michael Bruckner, Deputy City Manager
Email address: [email protected]
Telephone address: (626) 574-5433
Project name: Interpretation and Translation
Dates worked performed: 2020-Current
Summary of scope of services: City of Arcadia has large Mandarin/Cantonese speaking populations and contacted Language Network to develop a Language access plan that would engage their diverse community across all city departments. The City of Arcadia provides language support at all public meetings including simultaneous interpretation and translation.

The City translates mailers, notices, website communications within 24-48 hours and are able to utilize our 24/7 phone interpreting line to handle calls from the community. Finally, the City has been able to build engagement with their limited English speaking populations and remain compliant with public meeting rules and regulations. All city departments from public works to city clerk’s office request translations and interpreting support with Language Network.

Amount: $10K annually

City of Escondido
Location and Main Point of Contact:

Sarena Garcia, MMC, Assistant City Clerk
City Clerk’s Office | City of Escondido
Direct: 760-839-4080 | Main: 760-839-4617
Dates worked performed: 2020-Current
Amount: $60K annually for onsite and video simultaneous interpretation for public meetings regarding redistricting. Public meeting notice translation services.

City of Placentia
Location and Main Point of Contact:

Karen O’Leary | Deputy City Clerk
City of Placentia | 401 E. Chapman Ave. Placentia, CA 92870 714-993-8244 | FAX 714-961-0283 | [email protected] Dates worked performed: 2020-Current
Amount: $20K annually for onsite and video simultaneous interpretation for public meetings regarding redistricting. Public meeting notice translation services.

E. FEE PROPOSAL:

On-site Interpreting Rates - Consecutive
Consecutive Interpreting- On-Site Unit
Minimum
Charge
Tier 1 Languages: Spanish $90 Per Hour 2 Hours
Tier 2 Languages $140 Per Hour 2 Hours
Tier 3 Languages $160 Per Hour 2 Hours
American Sign Language (ASL) $110 Per Hour 2 Hours
On-Site Interpreting Rates - Simultaneous
Simultaneous and or Seminar/Group
Interpreting- On-Site
Half
Day
Full
Day
Tier 1 Languages: $350 $550
Tier 2 Languages $550 $850
Tier 3 Languages $750 $1,250
Over-the-Phone Interpreting
Over the Phone Interpreting Unit
Minimum
Charge
Spanish $2.00 Per Minute 15 Minutes
All Other Languages $2.25 Per Minute 15 Minutes
Video Remote Interpreting - Pick your Platform-
Pre-Scheduled Unit
Minimum
Charge
Tier 1 Languages: Spanish $90 Per Hour 2 Hours
Tier 2 Languages $140 Per Hour 2 Hours
Tier 3 Languages $160 Per Hour 2 Hours
American Sign Language (ASL) $110 Per Hour 2 Hours
Interpreting Equipment
Headset and Receivers (Minimum 20) $8 Per Unit
Transmitter $100 Per Unit

Document Translation
Translation (Translation, Edit, and Proof) Unit
Project
Minimum
Tier 1 Languages: Spanish 0.16 Per Word $100
Tier 2 Languages 0.26 Per Word $100
Tier 3 Languages 0.35 Per Word $100
Rush Fee 25%
Of Total Project
Cost
*Standard turn-around time for translation is within 5 business days (projects less than 7,000 words)
*Unit is Source word – the language in which the material is written when submitted for translation
Support and Multimedia Services:

Desktop Publishing/Formatting $65 Per Hour
Audio Transcription (Voice) $10 Per Minute
Multimedia File Format and Conversion $65 Per Hour
Additional Terms:
*Rate for Short Notice Request, (less than 1 business day), After hours, Holiday and/or Weekend Appointment Times $10 per hour additional.
*2 hour minimum fee applies to onsite interpreting. Each hour after 2 hours is billed at prorated hourly rate. Hourly charge will commence from interpreter’s initial arrival to interpreter’s final departure. Anytime thereafter will be billed in 15 minute increments. Half day is defined as 0-3 hours and Full day is defined as 3-6 hours. Anytime thereafter will be billed in 30 minute increments.
*For scheduled video remote calls late cancellation, 100% cancellation fee applicable for the time scheduled.
*Rate Exceptions: Depending upon the availability of interpreter and languages of lesser diffusion, rates may need to be altered accordingly. Rates for On-site-interpreters in States other than California (including Central and Northern California) may vary. Every effort is made to keep within rates mentioned above. I
*Additional Charges: Mileage will be billed at the current IRS set mileage reimbursement rate and not to exceed 50 miles round-trip per interpreter. Round trip from interpreter’s home location to site. Parking fees, tolls, entrance fees to be reimbursed. Round trip from interpreter's location to site.
*Cancellation and Patient/Provider No-Show Policy: 100% Cancellation Fee if appointment is canceled less than 24 hours (business day) before appointment. The interpreters are allocated time for your assignment alone, therefore cancellation notifications less than 24 hours (business day) must be billed.

Language List:

Tier 1 Languages:

Spanish
ASL Tier:

American Sign
Language
Tier 2 Languages:

Arabic (Egyptian)
Chinese
Mandarin Flemish
Hungaria
n Polish Swedish
Arabic (Iraqi) Croatian French Italian Romanian
Tagalog
(Filipino)
Arabic (Modern
Standard) Czech
French
Canadian Korean Russian Taiwanese
Arabic (Moroccan) Danish
French
Creole Latvian Serbian Ukrainian
Arabic (Sudanese) Dutch Georgian
Lithuania
n Sicilian Vietnamese
Arabic (Yemeni) Estonian German
Macedon
ian Slovak
Chinese
Cantonese Finnish Greek
Norwegi
an Slovene
Tier 3 Languages:

Acehnese Chin (Falam) Hmong Lao Pidgin (Nigerian) Tigrinya Acholi Chin (Hakha) Hokkien Lautu
Ponapean/Pohn
peian Toisanese
Afghani Chin (Lai) Icelandic Lingala
Portuguese
(Brazilian) Tongan
Afrikaans Chin (Mizo) Igbo Lorma
Portuguese
(European) Tosk
Akan Chin (Tedim) Ilocano Luganda
Portuguese
Creole
Trukese/Chu
ukese
Akateco
Chin (Zo,
Zomi) Ilonggo Luo Pulaar Turkish
Albanian Chin (Zophei) Indonesian
Maay-M
aay Punjabi Twi
Amharic Choujo Japanese Malay Q'anjob'al Urdu

Anuak Chuukese Jarai
Malayala
m Rohingya Uzbek
Armenian
Cotocoli
(Tem) Jiangsu Mam Samoan Visayan
Ashanti Dari
K’iche’
(Quiché)
Mandink
a Sango Wolof
Assyrian Dinka Kannada Mara Senthang Xhosa
Azeri Dioula Karen Marathi Shanghainese Yiddish
Tier 3 Languages:

Continued
Bahasa (Malaysian) Edo Karen (Pwo) Marshallese Shona Yoruba Bambara Ewe
Karenni
(Kayah) Matu Sichuan Yup'ik
Bashkir Farsi Kazakh Mbay Sinhalese Zulu
Basque
Foochow
(Fuzhou) Khmer Mende Siyin
Bassa Fukienese Kikongo Mien Somali
Belarusian Fulani Kikuyu Mina Somali Bantu
Bengali Fulde
Kinyamuleng
e Mixteco (Alto) Soninke
Bosnian Fuzhou Kinyarwanda Mixteco (Bajo)
Soninke
(Sarahuli)
Bulgarian Ga Kirundi Moldovan
Soninke
(Sarakhole)
Burmese Garre Kituba Mongolian
Soranî
(Kurdish)
Cambodian Guarani
Kizigua
(Kizigula) Montenegrin Sousou
Cape Verde Creole Gujarati Kosraean More Swahili
Carolinian Hainanese Krahn Mushunguli Sylheti
Catalan
Haitian
Creole Krio Navajo Tajik
Cebuano
Hakka
(Chinese) Kunama Nepali Tamil
Chaldean Harar Kurdish Nuer Telugu
Chamorro Hassaniya
Kurdish
(Bahdini) Oromifa Temne
Chao-Chow Hausa
Kurdish
(Kurmanji) Pashto Teochew
Cherokee Hebrew
Kurdish
(Sorani)
Patois
(Jamaican) Thai

Chin Hindi Kyrgyz
Pidgin
(Cameroonian) Tibetan
F. TRANSLATION TURNAROUND TIME*
• How fast can a document of 250 words be translated and returned? 1-3 business days
• How quickly can a document of 500 words be translated and returned? 2-3 business days
• How fast can a document of 1000 words be translated and returned? 3-4 business days
• When determining turnaround time, are weekend days included? No, our turnaround time is for business days, so weekends and holidays are not included.
• What are the limits to a same-day, second-day, or third-day rush request? Same day - 500 words
2-day - 1,000 words
3-day - 2,000 words
*A note on turnaround times: these numbers are for reference and times may vary depending on the number of languages requested and if any of the languages are Languages of Limited Diffusion (LLD). If you need a rush on a project outside of the above timelines, we will make every effort to deliver the project within your timelines.

G. RESUMES
Mercedes Marleaux - 10+ years of experience with interpretation and translation, Based in Southern California. For virtual (i.e. Zoom, GoogleMeet, GoToMeeting, etc.). Available for simultaneous conferences, board meetings, workshops and for consecutive, IEP’s, school/parent meetings, counseling consults, etc.

Lucia M. Bonis - 33 years of experience. ATA-certified | Administrative hearing interpreter experienced in local government and simultaneous projects.

Josephine J. Baldwin - 32 years of experience. Freelance multilingual Translator and Interpreter.

Providing multilingual translation and interpretation services to Physicians, Attorneys, Organizations, Local Governments and Corporate Clients operating in a variety of fields.

Court Certified Interpreter English<>Spanish
Court Registered Interpreter English<>French, Spanish, Catalan, Italian Rebecca Calderon - 6 years of interpretation experience. ATA-certified, specializes in consecutive and simultaneous interpretation in all sectors.

Language Network has a dedicated Recruiting Manager who will further recruit, screen, and qualify resources within the City of Cudahy.

H. REFERENCES
City of Bellflower
16600 Civic Center Dr, Bellflower, CA 90706
Contact person:Mayra Ochiqui, City Clerk
Email address: [email protected]
Telephone address:(562) 804-1424, ext. 2222
Project name: Translation and Interpretation Services
Dates worked performed: 2011 - Current
Summary of scope of services: Translation of election material. Over 10 years of translation requests for city election material that is mailed to residents and posted in newspapers. The City of Bellflower has to accommodate a large limited English speaking population and requests translated material in multiple languages. The City utilizes Language Network for reliable and accurate translation delivered in a timely manner and often requests 24 hour turnaround time to make election compliance deadlines for posting translated notices.

Project cost: $20K annually
City of Arcadia
Address: 240 W Huntington Dr, Arcadia, CA 91007
Contact person: Michael Bruckner, Deputy City Manager
Email address: [email protected]
Telephone address: (626) 574-5433
Project name: Interpretation and Translation
Dates worked performed: 2020-Current
Summary of scope of services: City of Arcadia has large Mandarin/Cantonese speaking populations and contacted Language Network to develop a Language access plan that would engage their diverse community across all city departments. The City of Arcadia provides language support at all public meetings including simultaneous interpretation and translation.

The City translates mailers, notices, website communications within 24-48 hours and are able to utilize our 24/7 phone interpreting line to handle calls from the community. Finally, the City has been able to build engagement with their limited English speaking populations and remain compliant with public meeting rules and regulations. All city departments from public works to city clerk’s office request translations and interpreting support with Language Network.

Amount: $10K annually

City of Escondido
Location and Main Point of Contact:

Sarena Garcia, MMC, Assistant City Clerk
City Clerk’s Office | City of Escondido
Direct: 760-839-4080 | Main: 760-839-4617
Dates worked performed: 2020-Current
Amount: $60K annually for onsite and video simultaneous interpretation for public meetings regarding redistricting. Public meeting notice translation services.

City of Placentia
Location and Main Point of Contact:

Karen O’Leary | Deputy City Clerk
City of Placentia | 401 E. Chapman Ave. Placentia, CA 92870 714-993-8244 | FAX 714-961-0283 | [email protected] Dates worked performed: 2020-Current
Amount: $20K annually for onsite and video simultaneous interpretation for public meetings regarding redistricting. Public meeting notice translation services.

21 EXHIBIT “C”

COMPENSATION RATE

EXHIBIT C:

On-site Interpreting Rates - Consecutive
Consecutive Interpreting- On-Site Unit
Minimum
Charge
Tier 1 Languages: Spanish $90 Per Hour 2 Hours
Tier 2 Languages $140 Per Hour 2 Hours
Tier 3 Languages $160 Per Hour 2 Hours
American Sign Language (ASL) $110 Per Hour 2 Hours
On-Site Interpreting Rates - Simultaneous
Simultaneous and or Seminar/Group
Interpreting- On-Site
Half
Day
Full
Day
Tier 1 Languages: $350 $550
Tier 2 Languages $550 $850
Tier 3 Languages $750 $1,250
*Simultaneous interpretation requires the booking of two interpreters for each request.

Over-the-Phone Interpreting
Over the Phone Interpreting Unit
Minimum
Charge
Spanish $2.00 Per Minute 15 Minutes
All Other Languages $2.25 Per Minute 15 Minutes
Video Remote Interpreting - Pick your Platform-
Pre-Scheduled Unit
Minimum
Charge
Tier 1 Languages: Spanish $90 Per Hour 2 Hours
Tier 2 Languages $140 Per Hour 2 Hours
Tier 3 Languages $160 Per Hour 2 Hours
American Sign Language (ASL) $110 Per Hour 2 Hours
Interpreting Equipment
Headset and Receivers (Minimum 20) $8 Per Unit
Transmitter $100 Per Unit

Document Translation
Translation (Translation, Edit, and Proof) Unit
Project
Minimum
Tier 1 Languages: Spanish 0.16 Per Word $100
Tier 2 Languages 0.26 Per Word $100
Tier 3 Languages 0.35 Per Word $100
Rush Fee 25%
Of Total Project
Cost
*Standard turn-around time for translation is within 5 business days (projects less than 7,000 words)
*Unit is Source word – the language in which the material is written when submitted for translation
Support and Multimedia Services:

Desktop Publishing/Formatting $65 Per Hour
Audio Transcription (Voice) $10 Per Minute
Multimedia File Format and Conversion $65 Per Hour
Additional Terms:
*Rate for Short Notice Request, (less than 1 business day), After hours, Holiday and/or Weekend Appointment Times $10 per hour additional.
*2 hour minimum fee applies to onsite interpreting. Each hour after 2 hours is billed at prorated hourly rate. Hourly charge will commence from interpreter’s initial arrival to interpreter’s final departure. Anytime thereafter will be billed in 15 minute increments. Half day is defined as 0-3 hours and Full day is defined as 3-6 hours. Anytime thereafter will be billed in 30 minute increments.
*For scheduled video remote calls late cancellation, 100% cancellation fee applicable for the time scheduled.
*Rate Exceptions: Depending upon the availability of interpreter and languages of lesser diffusion, rates may need to be altered accordingly. Rates for On-site-interpreters in States other than California (including Central and Northern California) may vary. Every effort is made to keep within rates mentioned above. I
*Additional Charges: Mileage will be billed at the current IRS set mileage reimbursement rate and not to exceed 50 miles round-trip per interpreter. Round trip from interpreter’s home location to site. Parking fees, tolls, entrance fees to be reimbursed. Round trip from interpreter's location to site.
*Cancellation and Patient/Provider No-Show Policy: 100% Cancellation Fee if appointment is canceled less than 24 hours (business day) before appointment. The interpreters are allocated time for your assignment alone, therefore cancellation notifications less than 24 hours (business day) must be billed.

Language List:

Tier 1 Languages:

Spanish
ASL Tier:

American Sign
Language
Tier 2 Languages:

Arabic (Egyptian)
Chinese
Mandarin Flemish
Hungaria
n Polish Swedish
Arabic (Iraqi) Croatian French Italian Romanian
Tagalog
(Filipino)
Arabic (Modern
Standard) Czech
French
Canadian Korean Russian Taiwanese
Arabic (Moroccan) Danish
French
Creole Latvian Serbian Ukrainian
Arabic (Sudanese) Dutch Georgian
Lithuania
n Sicilian Vietnamese
Arabic (Yemeni) Estonian German
Macedon
ian Slovak
Chinese
Cantonese Finnish Greek
Norwegi
an Slovene
Tier 3 Languages:

Acehnese Chin (Falam) Hmong Lao Pidgin (Nigerian) Tigrinya Acholi Chin (Hakha) Hokkien Lautu
Ponapean/Pohn
peian Toisanese
Afghani Chin (Lai) Icelandic Lingala
Portuguese
(Brazilian) Tongan
Afrikaans Chin (Mizo) Igbo Lorma
Portuguese
(European) Tosk
Akan Chin (Tedim) Ilocano Luganda
Portuguese
Creole
Trukese/Chu
ukese
Akateco
Chin (Zo,
Zomi) Ilonggo Luo Pulaar Turkish
Albanian Chin (Zophei) Indonesian
Maay-M
aay Punjabi Twi
Amharic Choujo Japanese Malay Q'anjob'al Urdu
Anuak Chuukese Jarai
Malayala
m Rohingya Uzbek

Armenian
Cotocoli
(Tem) Jiangsu Mam Samoan Visayan
Ashanti Dari
K’iche’
(Quiché)
Mandink
a Sango Wolof
Assyrian Dinka Kannada Mara Senthang Xhosa
Azeri Dioula Karen Marathi Shanghainese Yiddish
Tier 3 Languages:

Continued
Bahasa (Malaysian) Edo Karen (Pwo) Marshallese Shona Yoruba Bambara Ewe
Karenni
(Kayah) Matu Sichuan Yup'ik
Bashkir Farsi Kazakh Mbay Sinhalese Zulu
Basque
Foochow
(Fuzhou) Khmer Mende Siyin
Bassa Fukienese Kikongo Mien Somali
Belarusian Fulani Kikuyu Mina Somali Bantu
Bengali Fulde
Kinyamuleng
e Mixteco (Alto) Soninke
Bosnian Fuzhou Kinyarwanda Mixteco (Bajo)
Soninke
(Sarahuli)
Bulgarian Ga Kirundi Moldovan
Soninke
(Sarakhole)
Burmese Garre Kituba Mongolian
Soranî
(Kurdish)
Cambodian Guarani
Kizigua
(Kizigula) Montenegrin Sousou
Cape Verde Creole Gujarati Kosraean More Swahili
Carolinian Hainanese Krahn Mushunguli Sylheti
Catalan
Haitian
Creole Krio Navajo Tajik
Cebuano
Hakka
(Chinese) Kunama Nepali Tamil
Chaldean Harar Kurdish Nuer Telugu
Chamorro Hassaniya
Kurdish
(Bahdini) Oromifa Temne
Chao-Chow Hausa
Kurdish
(Kurmanji) Pashto Teochew
Cherokee Hebrew
Kurdish
(Sorani)
Patois
(Jamaican) Thai
Chin Hindi Kyrgyz
Pidgin
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1 2023

PROFESSIONAL SERVICES AGREEMENT
(Engagement: TRANSLATION SERVICES)
(Parties: Municipal Translation Company and City of Cudahy) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into 18th day of July 2023 (hereinafter, the “Effective Date”) by and between the CITY OF CUDAHY, a municipal corporation (hereinafter, “CITY”) and [CONSULTANT NAME], (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.

RECITALS
WHEREAS, CITY requires professional translation services; and WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Cudahy City Council at its Regular Meeting of July 18, 2023, under Agenda Item No. 14A.

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

I.

ENGAGEMENT TERMS

1.1 TERM: This Agreement shall have a term commencing from the Effective Date through July 17, 2023, (hereinafter, the “Term”) and may be extended by the City administratively a maximum of two (2) one-year extension terms without having to return to City Council for approval. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination) below.

1.2 SCOPE OF SERVICES:

A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “Request for Proposal Translation Services” (hereinafter, “CITY RFP”) and the written proposal of CONSULTANT entitled “Municipal Translation Company, Interpretation, Transcription & Translation” (hereinafter, the “CONSULTANT Proposal”). The CITY RFP and the CONSULTANT Proposal are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a Attachment B Page 150 of 439
2 collective reference to the CITY RFP and the CONSULTANT Proposal. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT Proposal, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.”

1.3 PROSECUTION OF WORK:

A. CONSULTANT shall perform the Work contemplated under this Agreement on an on-call, as-needed basis. Nothing in this Agreement shall be construed to grant CONSULTANT the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONSULTANT to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONSULTANT and accepted by CITY. CITY requests for the performance of specific services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a “Work Order”). Each Work Order shall include the following information:

1. A detailed description of the specific services or tasks requested;

2. The location of where the particular services or tasks are to be performed, if applicable;

3. A not-to-exceed budget for performing the services or tasks;

4. A timeline for completing the requested services or tasks;

5. Any other information CITY deems necessary and relevant to the requested services or tasks; and

6. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.

B. CONSULTANT shall perform no Work under this Agreement without a written request from the City Representative, containing the information set forth in Section 1.3(A) above;
C. CONSULTANT shall perform the Work continuously and with due diligence so as to complete the Work by the completion date indicated in each Work Order. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents;

3 D. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; E. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and
F. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with the “Our Fees” which is attached and incorporated hereto as Exhibit “C” (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the aggregate budgeted sum of EIGHTEEN THOUSAND ($18,000.00) (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.

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

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

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

1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to

4 perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.

II.

PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVE: The CITY hereby designates Alfonso Noyola, City Manager (hereinafter, the “CITY Representative”) to act as its representative for the performance of this Agreement. The CITY Representative or their designee will act on behalf of the CITY for all purposes under this Agreement.

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

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

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

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

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

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

5 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.

6 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

7 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

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

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

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

D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.

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

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

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

9 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 The insurance coverage requirement set forth under this Article 3 are in addition to any coverage requirements set forth under Section VIII (Insurance Coverages) of the CITY RFP.

3.8 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

10 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

11 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

12 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 fortyPage 161 of 439 13 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 1.5, 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.