Agenda — Cudahy City Council, January 16, 2024 (part 2 of 3)

City of Cudahy
Schedule of Findings and Questioned Costs (Continued)
For the Year Ended June 30, 2023
10 Section II – Financial Statement Findings
A. Current Year Findings – Financial Statements
No current year findings were noted.

B. Prior Year Findings – Financial Statements
No prior year findings were noted.

Section III – Federal Award Findings and Questioned Costs A. Current Year Findings and Questioned Costs – Major Federal Award Program Audit No current year findings were noted.

B. Prior Year Findings and Questioned Costs – Major Federal Award Program Audit No prior year findings were noted.

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City of Cudahy
Cudahy, California
Independent Accountants’ Report on
Applying Agreed-Upon Procedures to
Appropriations Limit Schedule
For the Year Ended June 30, 2023
Attachment D Page 186 of 435
200 E. Sandpointe Avenue, Suite 600
Santa Ana, California 92707
2 INDEPENDENT ACCOUNTANTS’ REPORT ON

APPLYING AGREED-UPON PROCEDURES
To the Honorable Mayor, City Council and Citizens
of the City of Cudahy
Cudahy, California
We have performed the procedures enumerated below to the accompanying appropriation limit of the City of Cudahy, California (the “City”) for the year ended June 30, 2023. The management of the City is responsible for the Appropriations Limit Schedule.

The City has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose in meeting the requirements of Section 1.5 of Article XIII-B of the California Constitution, which was agreed to by the City and the League of California Cities (as presented int eh publication entitled Agreed-upon Procedures Applied to the Appropriations Limitation Prescribed by Article XIII-B of the California Constitution). This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes.

The procedures and associated findings are as follows:

1. We obtained the completed worksheets used by the City to calculate its appropriations limit for the year ended June 30, 2023, and verified that the limit and annual calculation factors were adopted by resolution of the City Council. We also verified that the population and inflation options were selected by a recorded vote of the City Council.

Finding: No exceptions were noted as a result of our procedures.

2. For the accompanying Appropriations Limit Schedule, we added the prior year’s limit to the total adjustments, and agreed the resulting amount to the current year’s limit.

Finding: We noted that the change in population chosen in the adopted resolution is the change in County-wide population. However, appropriation limit calculation used the change in City’s population. There is variance of $1,263 understatement between our calculation and the Appropriation Limit for FY2022-23 adopted by the City Council. There is no impact as the City’s appropriations for FY2022-23 are below the limit.

3. We verified the current year information presented in the accompanying Appropriations Limit Schedule to corresponding information in worksheets used by the City.

Finding: No exceptions were noted as a result of our procedures.

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To the Honorable Mayor and Members of City Council
of the City of Cudahy
Cudahy, California

Page 2 ends

2 4. We verified the appropriations limit presented in the accompanying Appropriations Limit Schedule to the appropriations limit adopted by the City Council.

Finding: We noted that there is a variance of $1,263 understatement between our calculation and the Appropriation Limit for FY2022-23 adopted by the City Council. There is no impact as the City’s appropriations for FY2022-23 are below the limit.

We were engaged by the City to perform this agreed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not conduct an examination or review engagement, the objective of which would be the expression of an opinion or conclusion, respectively, on the accompanying Appropriations Limit Schedule.

Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you.

We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement.

This report is intended solely for the information and use of the City Council and the management of the City and is not intended to be and should not be used by anyone other than these specified parties. However, this report is a matter of public record and its distribution is not limited.

Santa Ana, California
December 21, 2023

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City of Cudahy
Appropriations Limit Schedule
For the Year Ended June 30, 2023
3 Amount Source
A. Appropriations Limit from FY 2021-2022 $ 34,770,547 Prior year appropriation adopted by the City B. Adjustment Factors:

1. Growth in City Population 0.9908 California Department of Finance

2. Per Capita Cost of Living converted to a ratio 1.0755 California Department of Finance

3. Adjustment Factor 1.0656 (B1 * B2)
C. Annual Adjustment Increase $ 2,281,136 {(B3-1)} * A} D. Other Adjustments

1. Loss responsibility (-) - N/A

2. Transfer to private (-) - N/A

3. Transfer to fees (-) - N/A

3. Assumed responsibility (+) - N/A
E. Total Adjustments $ 2,281,136 (C+D)
F. Appropriations Limit FY 2022-2023 $ 37,051,683 (A+E) See Accompanying Notes to Appropriations Limit Schedule.

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City of Cudahy
Notes to the Appropriations Limit Schedule
For the Year Ended June 30, 2023
4 Note 1 – Purpose of Limited Procedures Review
Under Article XIIIB of the California Constitution (the Gann Spending Limitation Initiative), California governmental agencies are restricted as to the amount of annual appropriations from proceeds of taxes. Effective for years beginning on or after July 1, 1990, under Section 1.5 of Article XIIIB, the annual calculation of the appropriations limit is subject to agreed upon procedures in connection with the annual audit.

Note 2 – Method of Calculation
Under Section 10.5 of Article XIIIB, for fiscal years beginning on or after July 1, 1990, the appropriations limit is required to be calculated based on the limit for the fiscal year 1986-87, adjusted for the inflation and population factors discussed in Notes 3 and 4 below.

Note 3 – Population Factors
A California governmental agency may use as its population factor either the annual percentage change of the jurisdiction’s own population or the annual percentage change in population of the county where the jurisdiction is located. The factor adopted by the City for the year ended June 30, 2023, represents the annual percentage change in population for the City.

Note 4 – Inflation factors
A California governmental agency may use as its inflation factor either the annual percentage change in the 4th quarter per capita personal income (which percentage is supplied by the California Department of Finance) or the percentage change in the local assessment roll from the preceding year due to the change of local nonresidential construction. The factor adopted by the City for the year ended June 30, 2023, represents the annual percentage change in per capital personal income.

Note 5 – Other Adjustments
A California government agency may be required to adjust its appropriations limit when certain events occur, such as the transfer of responsibility for municipal services to, or from, another government agency or private entity. The City had no such adjustments for the year ended June 30, 2023.

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
01/16/2024 Page 1 of 3

STAFF REPORT
Date: January 16, 2024
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager
By: Victor Maria Santiago, Parks and Recreation Manager Subject: Approval of Professional Services Agreement to Provide Design Phase Engineering Services for the Lugo Park Soccer Field Renovation Project

RECOMMENDATION
City Council is requested to award a Professional Services Agreement (PSA) to BFS Landscape Architects to provide design phase engineering services for the preparation of PS&E Plan, Specifications, and Estimates) For the Lugo Park Soccer Field Renovation Project, not to exceed $76,100.

BACKGROUND

1. In 2016, the city renovated Lugo Park, which included landscaping, parking lot expansion, concrete plaza, lighting, improvements to the bathroom and concession stand, and built a regulation soccer field with artificial turf.

2. In January of 2023, the City Public Works and Parks and Recreation Department evaluated the Scope of Work of the existing artificial turf soccer field at Lugo Park and the best approach for the renovations.

3. On September 18, 2023, the City sent out an (RFP) to provide design engineering services for the preparation of PS&E (plan, specifications, and estimates) for Lugo Park Soccer Field Renovation.

4. On November 2, 2023, one (1) firm submitted a proposal: BFS Landscape Architects. The proposal was evaluated based on the established criteria identified in the RFP, including compliance with the RFP requirements, proposal quality, project understanding, approach, methodology including responsiveness and flexibility, experience of assigned staff, similar project experience, schedule efficiency, and references.

Item Number
14B

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
01/16/2024 Page 2 of 3

5. The proposed project is located at Lugo Park, 7810 Otis Ave, Cudahy, CA 90201. The proposed project involves removing and replacing an existing artificial turf soccer field.

ANALYSIS
The City was awarded $800,000 to improve parks and/or city facilities. The funding was through Assemblymember Anthony Rendon’s office (Specified Grant).

With years of use with little to no maintenance of the existing artificial turf soccer field, various locations of the field have been torn, formed sinkholes, and overall uneven levels, making for an unstable playing surface preventing the continued use to the residences without presenting safety concerns that could cause injury to users.

The City staff recommended sending out a Request for Proposal (RFP) to have a Design Consultant provide a complete set of construction documents (plans, specifications, and estimates) approved by all involved jurisdictional and regulatory agencies and is ready for construction bidding for the improvements outlined the RFP and attached documents, including meeting all permit requirements to obtain a permit from the City of Cudahy.

The proposed services from BFS Landscape Architects include preparing plans, specifications, and estimates for the proposed project, including topographic survey and geotechnical review, and providing bidding and construction phase support services.

CONCLUSION
If the City Council approves, City staff will execute the Professional Services Agreement with BFS Landscape Architects and issue a Notice to Proceed.

STRATEGIC PLAN CORRELATION
Goal A (Community Services), Objective:

1. The installation of a new Artificial Turf Soccer Field that will facilitate the City of Cudahy residents of all ages.

Goal A (Community Services), Objective:

2. Explore the feasibility of providing adult sports leagues and/or making fields and facilities available for leagues.

Goal A (Community Services), Objective:

3. Ensure parks are safe and clean.

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
01/16/2024 Page 3 of 3

FINANCIAL IMPACT
The Funding for this project will be provided by the Cudahy Specified Grants (Assemblymember Anthony Rendon). The total budget for the project is $76,100.

ATTACHMENTS
A. Design Phase Engineering Services RFP
B. BFS Landscaping Architects Proposal and Fee Schedule C. Draft Professional Services Agreement between the City of Cudahy and BFS Landscape Architects

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REQUEST FOR PROPOSALS (RFP)

TO PROVIDE DESIGN ENGINEERING SERVICES

FOR THE PREPARATION OF PS&E (PLAN, SPECIFICATIONS AND ESTIMATES)

FOR LUGO PARK SOCCER FIELD RENOVATION

IN THE CITY OF CUDAHY, CALIFORNIA
September 18, 2023

DELIVERY ADDRESS
City of Cudahy
5220 Santa Ana St,
Cudahy, CA 90201
Attn: Aaron Hernandez-Torres, PE
Public Works Director/City Engineer

REQUIRED NUMBER OF PROPOSALS
Three (3) hard copies and one (1) electronic
copy (pdf)

CONTACT INFORMATION FOR INQUIRIES
contact via e-mail only, no telephone calls
Victor Maria Santiago
Parks and Recreation Manager
[email protected]

PRE-PROPOSAL MEETING
None

PROPOSAL DUE DATE
October 11, 2023, 4:00 PM
Attachment A Page 194 of 435
RFP To Provide Design Engineering Services for Lugo Park Soccer Field Renovation City of Cudahy, California Table of Contents
Table of Contents

1. Introduction 1

2. Project Description 1

3. RFP Schedule 1

4. Scope of Services 2

5. Key Personnel 4

6. City’s Standard Professional Services Agreement 4

7. Insurance Coverage Limits and Requirements 5

8. Consultant Selection Methodology 5

9. Contract Award 5

10. Required Format for Technical Proposal Submittal 5

11. Fee Estimate Proposal Submittal 6

12. Questions Regarding This RFP 7

13. Proposal Submittal Protocol 7

14. Pre-Contractual Expenses In Responding To The RFP Preparation 7 Attachments:

Attachment A – Affidavit of Non-Collusion
Attachment B – Claims History
Attachment C – Sample Professional Services Agreement
Attachment D – Soils Report

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RFP To Provide Design Engineering Services for Lugo Park Soccer Field Renovation City of Cudahy, California Cover Page

REQUEST FOR PROPOSALS (RFP)

TO PROVIDE DESIGN ENGINEERING SERVICES

FOR THE PREPARATION OF PS&E
(PLAN, SPECIFICATIONS AND ESTIMATES)

FOR LUGO PARK SOCCER FIELD RENOVATION

IN THE CITY OF CUDAHY, CALIFORNIA
September 18, 2023
To interested and qualified Consultants:

The City of Cudahy is soliciting Proposals from qualified firms TO PROVIDE DESIGN

PHASE ENGINEERING SERVICES FOR THE PREPARATION OF PS&E (PLAN,

SPECIFICATIONS AND ESTIMATES) FOR LUGO PARK SOCCER FIELD RENOVATION.

Requirements for this RFP are enclosed.

In order to be considered in the selection process, interested parties shall submit three (3) hard copies and one (1) electronic copy (pdf) of their Proposals no later than October 11, 2023, 4:00 PM, to:

Aaron Hernandez-Torres, PE
Public Works Director/City Engineer
5220 Santa Ana St,
Cudahy, CA 90201
If you have any questions, please contact via email (no telephone calls):

Victor Maria Santiago
Parks and Recreation Manager
[email protected]
Late proposals will not be accepted.

Sincerely,
Aaron Hernandez-Torres, PE
Public Works Director/City Engineer
City of Cudahy

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RFP To Provide Design Engineering Services for Lugo Park Soccer Field Renovation City of Cudahy, California RFP, Page 1

REQUEST FOR PROPOSALS (RFP)

TO PROVIDE DESIGN ENGINEERING SERVICES

FOR THE PREPARATION OF PS&E (PLAN, SPECIFICATIONS AND ESTIMATES)

FOR LUGO PARK SOCCER FIELD RENOVATION

IN THE CITY OF CUDAHY, CALIFORNIA
September 18, 2023

1. INTRODUCTION
The City of Cudahy is soliciting Proposals from qualified firms TO PROVIDE DESIGN

PHASE ENGINEERING SERVICES FOR THE PREPARATION OF PS&E (PLAN, SPECIFICATIONS AND ESTIMATES) LUGO PARK SOCCER FIELD RENOVATION.

2. PROJECT DESCRIPTION
The City of Cudahy is soliciting proposals from qualified engineering firms to provide design engineering services for the Lugo Park Soccer Field Renovation project.

Constructed in 2016, Lugo Park Soccer Field has served as a popular recreational destination for our community, especially for soccer enthusiasts. However, recent observations by our maintenance staff have revealed unevenness and signs of wear on the soccer field. To address these issues and ensure the continued safety and enjoyment of the facility, the City is seeking a qualified design engineering consultant to design the necessary renovation and repairs.

The primary objective of this project is to comprehensively assess the current condition of Lugo Park Soccer Field, develop a detailed repair and improvement plan, and provide engineering oversight during the repair and renovation process. The selected engineering firm will play a critical role in restoring the field to its optimal playing condition, taking into account safety, functionality, and aesthetic considerations.

3. RFP SCHEDULE
Below is the RFP schedule. Below tentative schedule is subject to change by the City:

Request for Proposals Posted and Issued September 18, 2023 Deadline for Receipt of Questions October 4, 2023, 5:00 PM Addendum (if necessary) to Respond to
Questions
October 6, 2023, 5:00 PM

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RFP To Provide Design Engineering Services for Lugo Park Soccer Field Renovation City of Cudahy, California RFP, Page 2
Deadline for Receipt of Proposals (RFP Due
Date)
October 11, 2023, 4:00 PM
Contract Awarded by City Council (tentative) November 2023

4. SCOPE OF SERVICES
The project scope includes preparation of all necessary plans and to provide to the City a complete PS&E Bid Package ready for bidding. The following description of work defines the general project requirements. Associated tasks and provisions necessary for a complete project, but not specifically defined herein are to be addressed in the proposal and undertaken within the proposed “Not to Exceed” contract fee.

The scope of work generally includes:

Task 1. Project Management
a. Attend a pre-design (kick-off) meeting with City staff after the award of contract to conduct introductions, discuss scope of work, information needed from various City departments, overall schedule and the implementation process. b. Coordinate bi-weekly progress conference calls with City staff to update the City of the project progress, and schedule status. This is also a time for the Consultant to ask any questions to the City or bring up any design issues encountered. c. Coordinate meetings to review the preliminary design, 60%, 90% and 100% submittals with City staff.
d. Provide a detailed project schedule with continuous updates, and executive summary of project status to be submitted with each monthly invoice. e. Maintain continuous awareness of the status of each task as it proceeds and make provisions to expedite and resolve any difficulties that may impede progress. f. Prepare and submit quarterly project progress reports and reimbursement request packages to Caltrans throughout the design phase.

Task 2. Utility Coordination
a. The Consultant shall ensure the final design is compatible with all utilities within the project area whether they are protected in place, removed, installed, relocated, adjusted, or otherwise modified. This includes contacting each affected agency should be incorporated into the construction schedule, if necessary. b. Coordinate with the affected utility companies within the project limits, and any applicable agencies, as necessary, and notify the utility company/agency of the project. Maintain a utility contact matrix documenting contacts, coordination, etc. with utility companies.
c. Perform all necessary research to establish the precise location of all utilities. All utilities (including overhead) must be identified and shown on the plans. d. The preliminary and finals plans are to be sent to all affected utility companies.

Task 3. Preliminary Engineering

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RFP To Provide Design Engineering Services for Lugo Park Soccer Field Renovation City of Cudahy, California RFP, Page 3
a. Environmental. The project is assumed to be a categorical exemption. b. Field Assessment: Conduct a thorough field assessment to identify and document the existing issues, including uneven terrain, worn-out playing surfaces, and drainage problems.
c. Soil Analysis: The City has performed a soil analysis, see Attachment D – Soils Report. Consultant shall review this report and recommend if any additional supplementary soil analysis is needed to complete the necessary repairs. If such analysis is needed, provide a separate cost for this task. d. Right-of-Way. All work is within City property. No right-of-way services needed. e. Review base data documents including as-built improvement plans, utility information, survey information, and other available record data. f. Conduct necessary field surveys to assess existing conditions of the project area. g. Develop preliminary design.
h. Prepare Preliminary cost estimate (Identify special conditions that might create conflicts or change orders during construction and identify how to resolve these issues.
i. Prepare Technical specifications.

Task 4. Plans, Specifications & Estimate
a. Plans, Specifications and Estimate (PS&E) shall be provided at levels of completion of approximately 60%, 90% and 100%.
b. The City will provide review comments at the 60%, and 90% design phases. c. It is expected 100% plans will be complete and include comments and input from all stakeholders and appropriate City staff.
d. Specifications shall be furnished using the latest edition of Microsoft Word for Windows. The Consultant shall prepare the Specifications per City requirements and utilizing the Standard Specifications for Public Works Construction (“Greenbook”).
e. Estimate shall be prepared in spreadsheet format using Microsoft Excel. f. The Consultant shall create a comment matrix to verify all City comments are addressed with each submittal.

Task 5. Bidding and Construction Support
a. Respond to Requests for Information (RFIs) during the project advertisement period, and log questions and responses.
b. Prepare project addenda.
c. Attend the pre-construction meeting, job walk, and job-site meetings when requested by the City over the course of the construction schedule (assume 10 meetings).
d. Provide responses to the Contractor’s RFIs about the plans and specifications when requested by the City.
e. Provide responses and approvals to the Contractor’s submittals for materials and shop drawings when requested by the City.

Task 6. Prepare Record Drawings (As-Builts)
a. Prepare as-built drawings based on field red-lined as-built information provided by

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RFP To Provide Design Engineering Services for Lugo Park Soccer Field Renovation City of Cudahy, California RFP, Page 4
the City’s Construction Contractor.

Submittal Format of documents prepared by the selected Design Consultant:
a. All submittals to City shall be made via electronic submittals. b. All submittal shall be in pdf format.
c. Final submittals shall be dwg (AutoCAD) for plans with wet signed mylars, specifications in MS Word, Estimates in Excel, and all other documents in pdf.

The above tasks are provided as general guidance to the proposing firms. The proposers shall review the RFP and attached documents and conduct any other documents review, research and field reviews as they deem necessary, and provide a detailed scope of services as part of their proposals.

It is the consultant’s responsibility to identify all necessary tasks and components, and provide all necessary services as required and in compliance with the Project Funding Application, Project Funding Agreement, this RFP and all applicable standards and requirements, and provide the City with a complete set of PS&E Bid Package approved by all regulatory and involved agencies.

5. KEY PERSONNEL
It is imperative that the key personnel providing the consulting services have the background, experience, and qualifications to complete the project. The City reserves the right to approve all key personnel individually for work on this contract. All key staff shall be named in the contract. After the contract is signed, the proposer may not replace key staff unless their employment is terminated or agreed upon by the City. The City must approve replacement staff before a substitute person is assigned to the Project.

The City reserves the right to request that the proposer replace a staff person assigned to the contract should the City consider such a replacement to be for the good of the project.

6. CITY’S STANDARD PROFESSIONAL SERVICES AGREEMENT
The RFP includes a sample of City’s Professional Services Agreement as Attachment C.

Proposers shall review the Agreement and provide a statement that they will comply with all aspects of the Agreement, or provide any comments that they would like the City to consider. The City Attorney will review any comment received and make a final decision if all or part or any of such comments may be considered.

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RFP To Provide Design Engineering Services for Lugo Park Soccer Field Renovation City of Cudahy, California RFP, Page 5

7. INSURANCE COVERAGE LIMITS AND REQUIREMENTS
Consultant shall provide Insurance Coverage Limits and Requirements as indicated in this RFP as provided in Attachment C.

8. CONSULTANT SELECTION METHODOLOGY
Upon receipt of Proposals, City’s consultant selection committee will rank the responding consultants. The City, at its sole discretion may invite top 3 ranked qualified consultants to for interviews, or negotiate final scope and fee with the most qualified consultant.

Evaluation Criteria Max
Points
Compliance with the RFP Requirements 15
Project Understanding and Approach 25
Experience 25
Level of effort, schedule and cost effectiveness to provide efficient services. 35
Total Points 100

9. CONTRACT AWARD
Any contract resulting from this RFP will be awarded to a firm whose Proposal meet the technical requirements of the RFP and is evaluated as the highest ranked proposal.

Proposals will be ranked in accordance with the evaluation criteria stated in this RFP.

Negotiations regarding a fair and reasonable price will occur subsequent to consultant selection. Should the City be unable to obtain a fair and reasonable price through negotiations with the highest qualified proposer, the City shall enter into negotiations with the next highest qualified proposer and may award that contract if the parties are able to arrive at a fair and reasonable price. If that is unattainable, the City shall enter into negotiations with the next highest qualified proposer in sequence until an agreement is reached.

10.REQUIRED FORMAT FOR TECHNICAL PROPOSAL SUBMITTAL
Please submit your Technical Proposal in the format specified below:

1. Cover Letter:

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RFP To Provide Design Engineering Services for Lugo Park Soccer Field Renovation City of Cudahy, California RFP, Page 6
Emphasize strong points of the project team and the firm’s experience. Include the name, address, telephone number, title, and signature of the firm’s contact person for this proposal. The cover letter shall state that the submittal is valid for 60 days.

2. Project Specific Approach, Scope of Work:

Provide your understanding of the project, and describe your approach to accomplishing the City’s goal in the most efficient and cost effective manner. Provide a project schedule. The design shall be completed within 3 months, excluding the City review duration. Prepare a schedule starting the project kickoff to be December 4, 2023.

3. Proposed Project Specific Staff:

This section should include a project organization chart showing proposed staff members and any subconsultants, and resumes of key project persons. It is imperative that the key personnel providing the required services have the background, experience, and qualifications in similar projects.

4. Similar Projects and References:

Provide a list of similar projects where your firm and proposed project staff have provided similar services. Also provide minimum 3 Public Agency references that City can contact for similar projects and services.

5. City Standard Contract:

The RFP includes City’s Standard Contract as Attachment. Proposers shall review the Agreement and provide any comments that they would like the City to consider.

6. Required Attachments:

Below attachments shall be signed and submitted with the proposal:
• Attachment A - Affidavit of Non-Collusion
• Attachment B - Claims History
The Fee Proposal shall be submitted in a separate envelope as indicated in the following section.

11.FEE ESTIMATE PROPOSAL SUBMITTAL

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RFP To Provide Design Engineering Services for Lugo Park Soccer Field Renovation City of Cudahy, California RFP, Page 7
The Fee Estimate Proposal shall be submitted in a separate sealed envelope. The fee shall be broken in major project components/tasks.

Consultant shall also provide its Schedule of Standard Hourly Fee Rates.

12.QUESTIONS REGARDING THIS RFP
All questions regarding this RFP must be submitted via email:

Victor Maria Santiago
Parks and Recreation Manager
[email protected]
Questions regarding this proposal shall be submitted via email no later than 10 calendar days prior to proposal due date. In response to all questions received by this date, City will issue an Addendum no later than 5 calendar days prior to the proposal submittal due date. The addendum will be emailed to all RFP recipients on record.

13.PROPOSAL SUBMITTAL PROTOCOL
In order to be considered in the selection process, interested parties shall submit three (3) copies and one (1) electronic copy (pdf) of their Proposals no later than 4:00 PM, October 11, 2023 to:

Aaron Hernandez-Torres, PE
Public Works Director/City Engineer
5220 Santa Ana Street
Cudahy, CA 90201
Late proposals will not be accepted.

14.PRE-CONTRACTUAL EXPENSES IN RESPONDING TO THE RFP PREPARATION The City shall not be liable for any pre-contractual expenses incurred by any proposer or by any selected consultant. Each proposer shall protect, defend, indemnify, and hold harmless the City from any and all liability, claims, or expenses whosoever incurred by, or on behalf of, the entity participating in the preparation of its response to this RFP. Precontractual expenses are defined as expenses incurred by proposers and the selected consultant, if any, in:
▪ Preparing and submitting information in response to this RFP

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RFP To Provide Design Engineering Services for Lugo Park Soccer Field Renovation City of Cudahy, California RFP, Page 8
▪ Negotiations with the City on any matter related to this procurement ▪ Costs associated with interviews, meetings, travel or presentations ▪ All other expenses incurred by a proposer/consultant prior to the date of award and a formal notice to proceed.

The City reserves the right to amend, withdraw and cancel this RFP. The City reserves the right to reject all responses to this request at any time prior to contract execution, or only award a partial contract for a limited scope of work. The City reserves the right to request or obtain additional information about any and all proposals.

END OF RFP

ATTACHMENTS TO FOLLOW

Attachment A Affidavit of Non-Collusion
Attachment B Claims History
Attachment C Sample Professional Services Agreement
Attachment D Soils Report

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Attachment A, Page 1

ATTACHMENT A

AFFIDAVIT OF NON-COLLUSION
I state that I am _____________________________________ (title) of __________________________________ (name of firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this Offer.

I state that:
(1) The price(s) and amount of this Offer have been arrived at independently and without consultation, communication or agreement with any other Proposer or potential Proposer. (2) That neither the price(s) nor the amount of this Offer, and neither the approximate price(s) nor approximate amount of this Offer, have been disclosed to any other firm or person who is a Proposer or potential Proposer, and they will not be disclosed before Solicitation opening. (3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit an Offer higher than this Offer, or to submit any intentionally high or noncompetitive Offer or other form of complementary Offer. (4) The Offer of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Offer. (5) ________________________________________ (name of firm), its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as described in the attached appendix.

I state that________________________________________ (name of firm) understands and acknowledges that the above representations are material and important, and will be relied on by the City of Cudahy in awarding the contract(s) for which this Offer is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the City of Cudahy of the true facts relating to the submission of Offers for this contract.
_________________________________________________
(Authorized Signature)
_________________________________________________
(Name of Company/Position)
Sworn to and subscribed before me this _______ day of __________________, 20___. _________________________________________________
Notary Public for California
My Commission Expires: __________________________

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Attachment B, Page 1

ATTACHMENT B

CLAIMS HISTORY
Each Consultant shall submit a summary of whether or not any of the following events have occurred within the past (10) years and, if so, a brief description of the circumstances involved (including, without limitation, the names of parties involved, current status and final disposition of the matter of dispute):

Failure to disclose any circumstances requested in the following paragraphs is grounds for disqualification.
▪ Failure by Consultant or any sub-consultant to enter into a contract to which it has received an award by a public entity.
▪ Forfeiture of a bid or proposal bond by proposer or any sub-consultant. ▪ Termination for default under a contract awarded by a public entity to Consultant or any sub-consultant.
▪ Debarment of Consultant or any sub-consultant by any municipal, county, state, federal, or local agency (note: debarment is grounds for automatic disqualification). ▪ The filing of a lawsuit or arbitration in which the Consultant or a sub-consultant was a defendant or cross-defendant at any time within the past ten (10) years that involved the performance of project, program, or engineering services and that involved an amount in controversy sought to be recovered from Consultant or the sub-consultant of more than $100,000.00.
▪ Conviction of Consultant, a sub-consultant, or any of their principals or officers for violation of a state or federal antitrust law involving bid rigging, collusion, or restriction on competition between bidders, or conviction of violating any other federal or state law relating to bidding or contract performance (note: such conviction is grounds for automatic disqualification).
▪ Any publications involving firm or principals alleging or claiming corruption (such claims are grounds for automatic disqualification).

Any suspension, revocation, or other disciplinary proceeding relating to a contracting or professional license issued to proposer or a sub-consultant.

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Attachment C

ATTACHMENT C
Professional Services Contract

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Attachment D

ATTACHMENT D
Soils Report

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Attachment D

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BFS LANDSCAPE ARCHITECTS OCTOBER 11, 2023

REQUEST FOR PROPOSAL FOR

LUGO PARK SOCCER FIELD RENOVATION

CITY OF CUDAHY

PUBLIC WORKS DEPARTMENT
Attachment B

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TABLE OF CONTENTS

QUALIFICATIONS
COVER LETTER ........................................................................................1 FIRM PROFILE .........................................................................................2 PROJECT SPECIFIC APPROACH .............................................................3 § PROJECT UNDERSTANDING
§ SCOPE OF SERVICES
§ PROJECT TASK SCHEDULE
PROJECT TEAM ......................................................................................8 § ORGANIZATION CHART
§ BFS LANDSCAPE ARCHITECTS RESUME
§ DMA SPORTS GROUP RESUME
REFERENCES .......................................................................................14 REQUIRED ATTACHMENTS ...................................................................17 § ATTACHMENT A - AFFIDAVIT OF NON-COLLUSION
§ ATTACHMENT B - CLAIMS HISTORY

FEE ESTIMATE PROPOSAL (SEPARATE SUBMITTAL)

FEE ESTIMATE PROPOSAL

MONTEREY OFFICE
425 Pacific Street #201
Monterey, CA 93940
831.646.1383 p
831.373.8653 f

MOUNTAIN VIEW OFFICE
1580 W El Camino Real #11
Mountain View, CA 94040
650.326.6622 p
650.963.9421 f
www.bfsla.com

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1580 West El Camino Real, Suite 12, Mountain View 94040 ■ (650) 326-6622 P ■ (650) 963-9421 F
425 Pacific Street, Suite 201, Monterey, California 93940 ■ (831) 646-1383 P ■ (831) 373-8653 F BFS Landscape Architects ■ bfsla.com
landscape
architects
October 11, 2023

Aaron Hernandez-Torres, PE
Public Works Director/City Engineer
5220 Santa Ana Street
Cudahy, CA 90201
RE: RFP TO PROVIDE DESIGN PHASE ENGINEERING SERVICES FOR PREPARATION OF PS&E Lugo Park Soccer Field Renovation
Dear Mr. Hernandez-Torres:

It is a pleasure to have the opportunity to submit our qualifications and fee proposal for the synthetic turf renovation project for the Lugo Park Soccer Field. We understand the realities of time from initial installation of the all-weather field surfacing to the need for possible replacement.

We are pleased to have David DiGeronimo of DMA Sports on our team to assist in reviewing the field and providing recommendations. We have teamed with DMA since the early 2000s on numerous new and replacement projects along with forensic studies for warranty claims. David is an expert in turf systems components, from the carpet materials to the infills and performance pads. He will assist in recommendations and site reviews during installation.

Steve Eichner will serve as Project Manager and primary contact with the City, as well as attend meetings and site reviews. As the Principal in Charge, I’ll oversee contractual matters and the production progress.

BFS has worked on many projects in the Los Angeles basin area as well as throughout the state since our sports division started in 2001. BFS Landscape Architects will be celebrating our 30th anniversary in January 2024. We have been an on-call consultant for the Los Angeles Unified School District since 2006. Our LAUSD work also included commissioning of synthetic fields designed by others. BFS was the first commissioning agent to oversee the process as a third-party to review products, design, installation and develop comprehensive review documents for Maintenance and Operations. Our recommendations also improved infill material deliveries by necessitating sieve testing of material upon arrival for conformance to the manufacturers’ requirements.

The project approach includes understanding the subgrade preparation and condition. It appears there may be subgrade issues at Lugo Park. Our team has seen similar situations in replacement projects in the past and understand the approaches to repair if necessary.

Our separately enclosed fee submittal is valid for 60 days. As the City’s Standard Professional Services Agreement was not attached in the RFP, we look forward to the possibility of reviewing and discussing any possible comments we may have.

Sincerely,
Larry Foster, CLA #2683

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FIRM PROFILE

BFS LANDSCAPE ARCHITECTS
BFS Landscape Architects provides quality design services to public and private agencies throughout California. Our projects range from regional parks and open-space master plans to detailed designs for recreation, community and athletic facilities, academic and healthcare campuses, housing, public spaces, and urban streetscapes.

With nearly three decades of experience working with public agencies, BFS understands that the goal of landscape design in the public arena are designs that are aesthetically pleasing, functional, and sustainable over the long-term. We work proactively in multi-disciplinary planning and design teams, collaborating with architects to develop cohesive site and master plans, while assisting engineers to configure elegant solutions for site grading and stormwater management. As project managers, the firm provides timely service, respecting clients’ overall project budget, schedule, design, and planning goals.

BFS SPORTS FACILITY EXPERIENCE
BFS brings a history of experience designing synthetic athletic fields for public agencies and educational districts throughout California. We developed a sports-specific design division over 20 years ago as the needs and desire for all-weather surfaces were growing exponentially. We pushed to excel in our design approach, technical knowledge, quality review, and implementation to ensure our clients received the best value for their projects. With the all-weather surfacing market ever evolving with new products that require new design approaches, and community-user expectations shifting to performance-based systems, our team continues to focus on the best solutions for each project subject to budget, site conditions, and environmental concerns.

CLIENT BENEFITS
Our experience has evolved by partnering with experts on the forefront of the latest trends, products, and industry issues. We assist our clients to understand the diffrences in synthetic turf systems, test protocols, use, and maintenance. As each athletic program and site is unique, BFS is attentive to the range of decisions and variables that comprise synthetic turf installations while evaluating capital costs, maintenance implications, user demand, field use capacity, and drainage systems. The final design solution carefully integrates the design program and unique environmental characteristics of each site.

ESTABLISHED
January 1994, Incorporated 2006

MONTEREY OFFICE
425 Pacific Street #201
Monterey, CA 93940
831.646.1383 p

MOUNTAIN VIEW OFFICE
1580 West El Camino Real #12
Mountain View, CA 94040
650.326.6622 p

PRINCIPALS
Larry Foster, CLA

ASSOCIATE PRINCIPALS
Adit Pal, CLA, ASLA
Elizabeth Matz, CLA, ASLA

ASSOCIATE
Steve Eichner, CLA
AWARDS
§ California Park and Recreation
Society for Excellence in Design
(2013, 2015, 2017)
§ California Preservation Foundation
§ California Downtown Association

FIRM MEMBERSHIPS/CERTIFICATIONS
§ CA Small Business Enterprise
§ US Green Building Council

WEBSITE
bfsla.com

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CITY OF CUDAHY • LUGO PARK SOCCER FIELD RENOVATION - 3

PROJECT UNDERSTANDING
Repair and replacement projects can seem routine, but they can have challenges. A stable subgrade and proper drainage are key. Prior to the initial site review, we will request for evaluation with staff the original construction documents, geotechnical and/or soils reports, compaction testing, etc., and we will discuss the installation process as well any subgrade concerns. Years of subgrade saturation can cause failure in the subgrade from the heavy equipment used during the removal process requiring the subgrade and base to be regraded. An impervious liner could also be recommended.

The initial site review and staff discussions on site will provide immediate information about problem areas. Along with any planarity issues, fiber degradation will be reviewed. The intent is to determine if isolated areas of the field can be replaced or if full replacement is recommended. Planarity issues can be caused by subgrade failures. Confirming subgrade issues on site will coincide with findings from compaction testing and initial geotechnical reports. Additional geotechnical borings may be necessary. The findings will determine our recommendations with estimates of probable construction costs for the renovation.

We also recommend testing permeable bases, if applicable, and the drain trenches before removal and after any base remediation work is completed.

These results will confirm whether the drainage system was compromised during the remediation process.

In any public agency, controlling costs and maintenance needs are paramount for the success of their park systems. The BFS/DMA team will review with staff the new turf systems and infills that exist today, and the pros and cons of each in terms of playability and practicality of maintenance. The myriad of infills that exist since the tire rubber controversy has made it difficult to understand what to choose and the costs associated to use and maintain over the life span. Failures in infill products have caused alarm in what to trust and use. The BFS team will provide the necessary overview, with recommendations and costs associated, to assist the staff in choosing a system that will meet their needs for use and maintenance efforts.

Along with turf and infill improvements through the years, repurposing of carpet systems is helping to keep them out of the landfills. We can discuss sending the turf to repurposing agents to separate the infill and to repurpose the materials for reuse in batting cages, paintball gaming areas, etc.

The Scope of Services outlines our process and can be adjusted in sequence as may be desired by the city. Construction Review services include a minimum of 10 site visits with field notes as well as traditional submittal reviews and RFI responses as may occur.

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SCOPE OF SERVICES

LUGO PARK SOCCER FIELD RENOVATION
October 11, 2023
Project Description: Review and prepare documents to repair and renovate existing synthetic turf field.

1.0 PRELIMINARY DESIGN
None.

2.0 DESIGN DEVELOPMENT

2.01 Attend Project start up meeting. Review scope of services, project program, schedule, and construction budget with Owner / Project Manager [PM].

2.02 Obtain existing as-builts, CAD files, City title block file, City Standards, surveys, and Soils Reports from PM.

2.03 Visit and review Project site, meet with City staff, and photograph for in-house design reference.

2.04 Conduct field assessment to identify and document the existing issues.

2.05 Format and modify existing CAD files for new work and scope.

2.06 Coordinate any existing utilities within the existing field area.

2.07 Prepare Design Development Site Plans with field assessment summary for review by Owner / PM. Prepare DD level update of construction budget.

2.08 Submit and review plans and construction budget with Owner / PM.

3.0 CONSTRUCTION DOCUMENTS

3.01 Based on approved Design Development drawings, prepare 60% complete CDs, including:
a. Cover Sheet, including sheet index, vicinity / location maps and notes. b. Existing Condition Plan.
c. Demolition Plan.
d. Grading Plan.
e. Layout and Construction (Material) Plans.
f. Construction Details.

3.02 Prepare Technical Specification Outline of landscape items noted in 3.01.

3.03 Prepare 60% estimate of probable construction costs of landscape items noted in 3.01.

3.04 Submit 60% CDs, specs, and estimate electronically, and review with Owner / PM.

3.05 Based on 60% plan-check comments, prepare 90% construction documents, specifications, and estimate.

3.06 Submit 90% CDs, specs, and estimate electronically, and review with Owner / PM.

3.07 Based on 90% plan-check comments, complete 100% Bid-set drawings, Technical Specifications, and Cost Estimate. Submit electronic (PDF) sets to Owner / PM for bidding. a. Owner / PM will distribute copies of bid-documents.

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CITY OF CUDAHY • LUGO PARK SOCCER FIELD RENOVATION - 5

SCOPE OF SERVICES

4.0 BIDDING AND CONSTRUCTION REVIEW
Owner / Owner’s Construction Manager (CM) shall have the primary responsibility for the bidding and construction review phase of the project, including testing and inspection coordination, payment request processing and all related items.

4.01 Provide technical assistance during the bid process, including preparation of Addenda. Respond to questions as directed by Owner / CM. Provide written or graphic clarification as appropriate. a. Assist Owner / CM in evaluating bids received.

4.02 Provide the Contractor a Conform Set of Drawings incorporating all addenda revisions.

4.03 Attend on-site pre-construction meeting with Owner / CM and Contractor to discuss construction procedures.

4.04 Respond to Requests for Information (RFI); furnish Clarifications, Revisions, and Architects Supplementary Instructions (ASI) to the Owner / CM; any change orders will be prepared by Owner / CM.

4.05 Review and process submittals, samples and Shop Drawings. Review proposed substitutions if any, for conformance to drawings and technical specifications.

4.06 Attend bi-weekly project (OAC) meetings by zoom/phone.

4.07 Attend nine (9) on-site construction reviews, followed by written field reports. Assumes 4 months construction. Reviews to include:
a. Substantial Completion Review.
b. Final Review.

4.08 Provide Record Drawings based on Contractor as-builts. Final Record Drawings shall be done on mylar.

4.09 Close-out project including administrative documentation.

5.0 ADDITIONAL SERVICES
Any additional presentations, drawings or documents not identified in the Scope of Services will be considered additional services. Additional services are provided only as authorized and on an hourly basis unless otherwise approved.

5.10 Additional on-site meetings as authorized by the Owner / PM.

5.20 Site Survey of existing conditions.

EXCLUSIONS
The following are excluded from our scope of services.

1. Printing and distribution of flyers / agenda / handouts for Community meetings.

2. Attending and making presentations at Community meetings.

3. Architectural Review Board Submittal.

4. Site Survey.

5. Geotechnical Survey / Report.

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SCOPE OF SERVICES

6. C3 Stormwater Management Plans.

7. Drainage plans.

8. Storm Water Pollution Prevention Plan (SWPPP).

9. Architectural Drawings for ancillary support buildings and structures.

10. Electrical Engineering.

11. Structural Engineering (retaining walls, light standard footings etc.).

12. Utility Engineering, including domestic water supply.

13. Estimated Water Use / Water Demand Statement Calculations.

14. ADAAG (Accessible route) / Signage Plan. Assumed to be in architectural scope.

15. Signage & graphics artwork.

16. Off-site improvements, except for utility connections.

17. Testing fees for construction testing procedures, i.e., compaction testing, percolation testing, construction staking verification.

18. Division 1 (General Conditions and Special Provisions) Project Specifications.

19. Testing fees for construction testing procedures, i.e., compaction testing, construction staking verification.

20. Printing of drawings on Mylar.
- END -

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CITY OF CUDAHY • LUGO PARK SOCCER FIELD RENOVATION - 7

PROJECT TASK SCHEDULE

TASK DATE
Design Development (2 Weeks) 12/04/2023 – 12/15/2023
City Review (1 Week) 12/18/2023 – 12/22/2023
60% CD’s (3 Weeks) 12/25/2023 – 01/12/2024
City Review (2 Weeks) 01/15/2024 – 01/26/2024
90% CDs (2 Weeks) 01/29/2024 – 02/09/2024
City Review (1 Week) 02/12/2024 – 02/16/2024
100% CDs (2 Weeks) 02/19/2024 – 03/01/2024
TOTAL (13 WEEKS) 12/04/2023 – 03/01/2024

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PROJECT TEAM

ORGANIZATION CHART

BFS LANDSCAPE ARCHITECTS

CITY OF CUDAHY

DMA SPORTS DESIGN GROUP

LANDSCAPE ARCHITECTURE

SPORT SURFACING CONSULTANT

LARRY FOSTER, PRINCIPAL-IN-CHARGE
831.646.1383 | [email protected]

STEVE EICHNER, SPORTS FIELD DESIGN LEAD
831.646.1383 | [email protected]

PUBLIC WORKS DEPARTMENT

DAVID DIGERONIMO, PRESIDENT
760.613.4313
[email protected]
The organization chart and resumes
that follow highlight the depth and
diversity of skills and experience at
BFS. Larry Foster will serve as the
Principal-in-Charge for the City of
Cudahy’s Lugo Park Soccer Field
Renovation project.

BFS will team with David DiGeronimo of DMA Sports Design Group.

DMA is a sports facility consulting
firm with nearly 50 years of experience in the design, construction management, product verification,
specification development, construction and testing of hundreds of specialized athletic facility projects.

DMA provides a full complement of
professional services necessary to
successfully plan and construct their
client’s athletic project, from initial
site visit, evaluation of needs, budget and concept design, through final project completion and acceptance. David DiGeronimo will consult with BFS on turf systems recommendation and base remediation.

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CITY OF CUDAHY • LUGO PARK SOCCER FIELD RENOVATION - 9

PROJECT TEAM

BFS LANDSCAPE ARCHITECTS - RESUME

EDUCATION
BS Agriculture, Major in Landscape
Architecture, Purdue University, West
Lafayette, Indiana

PROFESSIONAL REGISTRATION
Professional Landscape Architect
State of California #2683
LARRY FOSTER | PRINCIPAL IN CHARGE
A founding principal, Larry Foster has over 40 years of professional experience implementing traditional landscape architectural site design, planting and irrigation, as well as synthetic turf design and construction documents.

Larry is an invaluable asset to project teams with design, technical, and management skills beneficial in meeting client goals, project budgets, and tight construction schedules, and serves as the technical resource principal at BFS to ensure cost-effective solutions to complex construction issues.

Critical-path project planning and consultant coordination are key aspects that Larry lends to multidisciplinary teams. His relevant project experience includes:

K-12 EDUCATION: SITE DESIGN/LANDSCAPE
§ Azusa & Gladstone High Schools - Irrigation redesign to conform to existing systems, AUSD, Azusa/Covina
§ Beethoven Elementary School, LAUSD, Los Angeles
§ Granada Hills HighSchool Charter School, LAUSD, Granada Hills § Huntington Park High School - CD’s, LAUSD, Huntington Park § Huntington Park High School - Natural Outer Fields CD’s, LAUSD, Huntington Park § John Marshall High School - Track Plan Review, LAUSD, Los Angeles § Washington Preparatory School, LAUSD, Los Angeles
K-12 ATHLETICS DESIGN & CONSTRUCTION DOCUMENTS
§ Azusa & Gladstone High Schools - Synthetic Track & Fields, Azusa/Covina § Beverly Hills High School - Synthetic Field, BHUSD, Beverly Hills § Pacific Palisades Charter School Track & Field, Pacific Palisades § Sweetwater High School, Gail Devers Stadium - Master Plan, SWUSD, National City
§ Viewpoint School - Synthetic Multi-Use Field Conversion, Calabasas LOS ANGELES UNIFIED SCHOOL DISTRICT ON-CALL SERVICES (2006 - 2022) § Various landscape and site design projects, including natural and synthetic fields and Commissioning Agent for Synthetic Fields Projects

SYNTHETIC FIELD QA-QC/COMMISSIONING - LAUSD
§ Banning High School, Los Angeles
§ Belmont High School, Los Angeles
§ Carver Middle Schoool, Los Angeles
§ Crenshaw High School, Los Angeles
§ Dolores Huerta Elementary School, Los Angeles
§ Dymally High School, Los Angeles
§ John C. Fremont High School, Los Angeles
§ John Marshall High School, Los Angeles
§ Thomas Starr King Middle School, Los Angeles
§ West Adams Preparatory High School, Los Angeles
§ Young Oak Kim Academy, Los Angele

SYNTHETIC ATHLETICS PEER REVIEW - LAUSD
§ Banning High School, Los Angeles
§ Belmont High School, Los Angeles
§ Crenshaw High School, Los Angeles
§ Dolores Huerta Elementary School, Los Angeles

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PROJECT TEAM

BFS LANDSCAPE ARCHITECTS - RESUME
§ El Camino High School, Los Angeles
§ Markham Middle School, Los Angeles
§ King Middle School, Los Angeles
§ West Adams Preparatory High School, Los Angeles
SYNTHETIC FIELD/TRACK REPLACEMENT DESIGN & CD’S - LAUSD § Carson Senior High School - Construction Documents, Los Angeles § Cisneros Learning Academy, Los Angeles
§ Diego Rivera Learning Complex, Los Angeles
§ Fairfax Senior High School Construction Documents, Los Angeles § Huntington Park High School - Construction Documents, Los Angeles § Leichty Middle School, Los Angeles
§ Mendez Learning Center, Los Angeles
§ Miguel Contreras Learning Complex, Los Angeles
§ Pacific Palisades Charter School Track & Field, Pacific Palisades § Sotomayor Learning Academy, Los Angeles
§ Washington Preparatory School, Los Angeles

SYNTHETIC FIELD/TRACK CONVERSIONS - LAUSD
§ Carson High School - Track & Field, Los Angeles
§ El Camino Real High School - Track Construction Documents, Woodland Hills
§ Emerson Middle School - Field, Los Angeles
§ Fairfax High School - Track & Field, Los Angeles
§ Granada Hills High School Track & Field, Los Angeles
§ Huntington Park High School - Track & Field, Los Angeles § Pacific Palisades Charter School Track & Field, Pacific Palisades § Washington Preparatory - Track & Field, Los Angeles

HIGHER EDUCATION
§ Mt. San Jacinto College Athletic Fields - Natural Baseball Field Renovation/Synthetic Track & Football, San Jacinto § Rio Hondo Community College - Site Improvements, Whittier

HIGHER ED - ATHLETICS DESIGN & CONSTRUCTION DOCUMENTS
§ Los Angeles Valley College - Synthetic Track & Field, Valley Glen § Master’s College - Synthetic Soccer & Baseball Field, Santa Clarita § Mt. San Jacinto College Athletic Fields - Natural Baseball Field Renovation/Synthetic Track & Football, San Jacinto § San Diego State University - Synthetic Practice Football Fields, San Diego § Southwestern Community College - Athletic Fields Conversion (Stadium Field & Football Practice), Chula Vista
§ UCLA Football Practice Fields - Natural & Synthetic, Los Angeles § UCLA Jackie Robinson Field, Los Angeles
§ UCSD Baseball Synthetic Infield Sideline/Home Plate Aprons/Softball Field Synthetic Warning Tracks, San Diego

PUBLIC PROJECTS - ATHLETICS DESIGN & CONSTRUCTION DOCUMENTS § 4S Ranch Sports Complex - Synthetic Multi-Use Field, Rancho Bernardo § Orange County Great Park – Athletic Master Plan, Irvine § Orange County Great Park South Lawn - Synthetic & Natural Soccer Fields, Irvine
§ Stagecoach Park Synthetic Softball Fields, Carlsbad

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CITY OF CUDAHY • LUGO PARK SOCCER FIELD RENOVATION - 11

PROJECT TEAM

BFS LANDSCAPE ARCHITECTS - RESUME
STEVE EICHNER | ASSOCIATE | PROJECT MANAGER
Steve Eichner has been providing design and production support for BFS Landscape Architects since 1999. Through careful and thoughtful design, Steve is able to contribute to projects of varying scale, complexity, and scope. Steve’s particular expertise is in parks and athletics projects.

As a project manager he plays a key role in addressing grading, drainage, and accessibility design and works closely with clients and project teams to cost effectively implement site design programs. His relevant projects as a experience includes:

SYNTHETIC ATHLETICS PEER REVIEW - LAUSD
§ Banning High School, Los Angeles
§ Belmont High School, Los Angeles
§ Crenshaw High School, Los Angeles
§ Dolores Huerta Elementary School, Los Angeles
§ El Camino High School, Los Angeles
§ Markham Middle School, Los Angeles

EDUCATION
BS Landscape Architecture, State
University, Ames, Iowa

PROFESSIONAL REGISTRATION
Professional Landscape Architect
State of California #5246

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PROJECT TEAM

BFS LANDSCAPE ARCHITECTS - RESUME
§ King Middle School, Los Angeles
§ West Adams Preparatory High School, Los Angeles
SYNTHETIC FIELD/TRACK REPLACEMENT DESIGN & CD’S - LAUSD § Carson Senior High School - Construction Documents, Los Angeles § Cisneros Learning Academy, Los Angeles
§ Diego Rivera Learning Complex, Los Angeles
§ Fairfax Senior High School Construction Documents, Los Angeles § Huntington Park High School - Construction Documents, Los Angeles § Leichty Middle School, Los Angeles
§ Mendez Learning Center, Los Angeles
§ Miguel Contreras Learning Complex, Los Angeles
§ Pacific Palisades Charter School Track & Field, Pacific Palisades § Sotomayor Learning Academy, Los Angeles
§ Washington Preparatory School, Los Angeles

HIGHER EDUCATION
§ Mt. San Jacinto College Athletic Fields - Natural Baseball Field Renovation/Synthetic Track & Football, San Jacinto § Rio Hondo Community College - Site Improvements, Whittier

HIGHER ED - ATHLETICS DESIGN & CONSTRUCTION DOCUMENTS
§ Los Angeles Valley College - Synthetic Track & Field, Valley Glen § Master’s College - Synthetic Soccer & Baseball Field, Santa Clarita § Mt. San Jacinto College Athletic Fields - Natural Baseball Field Renovation/Synthetic Track & Football, San Jacinto § San Diego State University - Synthetic Practice Football Fields, San Diego
§ Southwestern Community College - Athletic Fields Conversion (Stadium Field & Football Practice), Chula Vista
§ UCLA Football Practice Fields - Natural & Synthetic, Los Angeles § UCLA Jackie Robinson Field, Los Angeles
§ UCSD Baseball Synthetic Infield Sideline/Home Plate Aprons/Softball Field Synthetic Warning Tracks, San Diego

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CITY OF CUDAHY • LUGO PARK SOCCER FIELD RENOVATION - 13

PROJECT TEAM

DMA SPORTS GROUP - RESUME

EDUCATION
§ University of Massachusetts, Worcester BS/MA Urban Studies § Villanova University, Certification
Project Management Professional

APPOINTMENTS
§ STMA Member

KEY ACCOMPLISHMENTS
§ Development of products and standards implemented internationally. § Developed technology patented
pending internationally for artificial
turf.
§ Part of team that established first
FIFA certified laboratory in the
United States in 2009.
§ Completed over 530 projects from
conception to completion.

DAVID DIGERONIMO | VICE PRESIDENT
David has 16 years of athletic surfacing and construction experience with an expertise in all facets of business and development in the sports surfacing industry. He specializes in the implementation of new concepts with a business approach that strives to achieve his clients’ project goals while providing highly valued facilities. David is privileged to have 15 years working with California professionals in education, municipal, private schools, and independent developers to create and achieve world class facilities that encourage their communities’ passion for sports.

DMA contracted with the City of Los Angeles – Recreation and Parks Department as the Sport Surfacing Consultant for all sport related construction and surfacing projects from 2019 thru 2022. DMA completed for the City of Los Angeles over 50 all-weather fields and the resurfacing/modifications of 1,500 tennis courts. DMA specializes in specifications and product development to meet the client’s needs, developing a special specification specific to Los Angeles to address the high usage of their courts. DMA will continue to innovate and complete projects on time and under project budgets for all clients through the coming years.

RELEVANT PROJECT EXPERIENCE
§ Albion Riverside Park, Los Angeles
§ Baldwin Hills Recreation Center, Los Angeles
§ Ferraro Fields, Los Angeles
§ Gilbert Lindsay, Los Angeles
§ Glassell Park Recreation Center, Los Angeles
§ Griffith Park, Los Angeles
§ James Slauson Recreation Center, Los Angeles
§ Ken Malloy Harbor Regional, Los Angeles
§ MacArthur Park Synthetic Meadow, San Francisco
§ Pan Pacific Park Recreation Center, Los Angeles
§ Rancho Cienega Soccer Field, Los Angeles
§ Ross Snyder Recreation Center, Los Angeles
§ South Park Recreation Center, Los Angeles
§ Sylmar Park Recreation Center, Los Angeles
§ Trinity Recreation Center, Los Angeles
§ Van Nuys Recreation Center - Futsal, Van Nuys
§ Westwood Recreation Center, Los Angeles
§ Yucca Community Center, Los Angeles

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REFERENCES

LOS ANGELES UNFIED SCHOOL DISTRICT, CA
Tara Liampetchakul, Civil Engineer
A/E Services M&O
333 South Beaudry Avenue
Los Angeles, CA 90017
213.241.0372 p
[email protected]

CITY OF LOS ANGELES DEPARTMENT OF RECREATION & PARK
Jimmy Newsom, Senior Management Analyst
6335 Woodley Avenue
Van Nuys,CA 91406
818.679.1453 c
[email protected]

MSP ARCHITECTS
Edgar Paz, AIA, Vice President
3575 Long Beach Blvd
Long Beach, CA 90807
562.427.5007 p
[email protected]

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CITY OF CUDAHY • LUGO PARK SOCCER FIELD RENOVATION - 15

ATTACHMENTS

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ATTACHMENTS
Attachment B, Page 1

ATTACHMENT B

Any suspension, revocation, or other disciplinary proceeding relating to a contracting or professional license issued to proposer or a sub-consultant.

BFS LANDSCAPE ARCHITECTS
Richard Allan Cooke vs City of Milpitas, et. al. Filed September 10, 2014: A security guard for a general contractor was allegedly injured when a metal gate fell off a track before the project was opened to the public. Without knowing there was an injury, BFS worked with General Contractor and City to understand gate conditions on site and modify gate operation. BFS was notified in September 2014 of pending litigation. In 2016, the parties settled the matter amicably in mediation with all concerned denying culpability or fault.

Page 227 of 435 ends

Scope of Services - Fee Proposal
Lugo Park Soccer Field Renovation
October 11, 2023

COMPENSATION

L A N D S C A P E

ARCHITECTS

1.0 CONCEPTUAL DESIGN .................................................................................................. None.

2.0 DESIGN DEVELOPMENT ........................................................................................... $14,700

3.0 CONSTRUCTION DOCUMENTS ................................................................................ $32,600

4.0 BIDDING & CONSTRUCTION REVIEW ...................................................................... $28,800

5.0 ADDITIONAL SERVICES

5.1 Additional Meetings ........................................................................ $1,600 Per Meeting

5.2 Survey ....................................................................................................................... TBD

REIMBURSABLE EXPENSES BUDGET INCLUDED IN PROJECT FEE
TOTAL ................................................................................................................................ $76,100 Attachments: Standard Schedule of Compensation, dated 1/2023.

Notice: Landscape Architects are regulated by the State of California. Any questions concerning a Landscape Architect may be referred to the Landscape Architects Technical Committee at: Landscape Architects Technical Committee, 2420 Del Paso Rd, Unit 105, Sacramento, CA 95834 (916) 575-7230.

BFS Landscape Architects • bfsla.com
425 Pacific Street, Suite 201, Monterey, California 93940 • (831) 646-1383 r (831) 373-8653 F bfsla.com 1580 West El Camino Real, Suite 11, Mountain View 94040 • (650) 326-6622 r (650) 326-6626 F bfsla.com Attachment B Page 228 of 435
1 Attachment C
2024

PROFESSIONAL SERVICES AGREEMENT
(Engagement: DESIGN PHASE ENGINEERING SERVICES)
(Parties: BFS Landscape Architects and City of Cudahy)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this 16th, day of January 2024 (hereinafter, the “Effective Date”) by and between the CITY OF CUDAHY, a municipal corporation (hereinafter, “CITY”) and BFS Landscape Architects, (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 design phase engineering 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 January 16, 2024.

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

ENGAGEMENT TERMS

1.1 TERM: This Agreement shall have a term commencing from the Effective Date through completion of this project (hereinafter, the “Term”). 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 “Design Phase Engineering Services for the preparation of PS&E (Plan, Specifications, and Estimates) for the New Lugo Park Soccer Field Soccer Field Renovation” (hereinafter, the “CONSULTANT Proposal”). The CITY RFP and the CONSULTANT Proposal are attached and
incorporated hereto as

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2 Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONSULTANT Proposal. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of 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;

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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 Estimate 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 $76,100 (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.

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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 Larry Foster 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

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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 profession.

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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.

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7 2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the CITY Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.

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

Department of Housing and Urbanization.

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

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

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

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

III.

INSURANCE

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

A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage

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8 (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

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

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

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

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9 officials, officers, employees, agents, or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.

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

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

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

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

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

IV.

INDEMNIFICATION

4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “CITY Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement.

Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest

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10 protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents, or volunteers.

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

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

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

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

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11 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.

TERMINATION

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

CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work. CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

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

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

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

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

C. CITY will cure any Event of Default asserted by CONSULTANT within fortyfive (45) calendar days of CONSULTANT’s issuance of a Default Notice unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may

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

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

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

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

F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.

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

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

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

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

VI.

MISCELLANEOUS PROVISIONS

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

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

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15 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:

BFS Landscape
Architects
Larry Foster
Principal-In-Charge
425 Pacific Street # 201
Monterey, CA 93940
City of Cudahy
Administrative Services Department
5220 Santa Ana Street
Phone: 323-773-5143
Attn: Brenda Rodriguez
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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17 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)

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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, City Manager
Date:

BFS LANDSCAPE ARCHITECTS:

By:

Name:

Title:

Date:

APPROVED AS TO FORM:

By:

City Attorney
Date:

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19 EXHIBIT “A”

CITY RFP

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20 EXHIBIT “B”

CONSULTANT PROPOSAL

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21 EXHIBIT “C”

COMPENSATION RATE

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Blank Page

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“Serving The People” "Sirviendo A La Comunidad"
01/16/2024 Page 1 of 2

STAFF REPORT
Date: January 16, 2024
To: Honorable Mayor and City Council
From: Alfonso Noyola, ICMA-CM, City Manager/Executive Director Prepared by: Juan Arauz, AICP, Community Development Director Subject: Retail Cannabis Business Permit Presentation – STIIIZY

RECOMMENDATION
Staff recommends that the City Council:

1. Receive and file a presentation by the Retail Cannabis Permittee, STIIIZY; and

2. Receive and file this report.

BACKGROUND
On November 8, 2022, a general municipal election took place that included a ballot initiative seeking to regulate the retail sale of cannabis and cannabis products throughout the City of Cudahy (“City”). This ballot initiative was approved by the voters and as a result, on December 20, 2022, the City of Cudahy adopted Ordinance No. 730 (The Cannabis Business Accountability Measure) which was codified in the Cudahy Municipal Code (“CMC”) under Chapter 5.30. This new chapter, consistent with State legislation, contains rules and regulations under which a maximum of two (2) retail cannabis businesses may be permitted – one (1) in the Civic Mixed Use Zone (“CivicMU”), and one (1) in the Urban Agricultural Overlay (Overlay) Zone.

In March 2023, the City released the application and guidelines for the solicitation of retail cannabis business permits. At the conclusion of the 60-day application period, all applications were reviewed for completeness, and STIIIZY, Cudahy, LLC was selected to be awarded a retail cannabis permit. STIIIZY, Cudahy, LLC proposes to operate at 8226 Salt Lake Avenue, located in the Overlay Zone. STIIIZY, Cudahy LLC’s application is provided as Attachment A.

DISCUSSION
Pursuant to the ballot initiative, and Ordinance No. 730, the application and issuance of retail Item Number
14C

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“Serving The People” "Sirviendo A La Comunidad"
01/16/2024 Page 2 of 2
cannabis business permits are administrative and are not subject to discretionary review. CMC Section 5.30.070 (Cannabis Retailer Application Procedure) requires a permittee to make a presentation to either City staff and/or City Council. The purpose of this presentation is to inform the members of the public of the retail cannabis business permit application selection process and allow members of the public to ask questions and provide comments.

Presently, there is a second retail cannabis license available for the City to issue within the CivicMU zone. However, CMC Section 5.30.060 (Location and Design Requirements for Cannabis Retailers) requires retail cannabis businesses to be located at least 600 feet from the following sensitive receptors: schools, day care centers, youth centers, and places of religious assembly. The CivicMU zone contains one (1) additional sensitive receptor, Options for Youth (“OFY”) categorized under “Other”, located in the Cudahy Plaza Shopping Center (APN: 6224- 005-032). Per the CMC and Ordinance No. 730, there are a total of two (2) sensitive receptors in the CivicMU – OFY and Elizabeth Learning Center.

When considering the 600-foot radius buffer from the two (2) sensitive receptors in the CivicMU, there are no properties within the zone that can qualify for the second retail cannabis license location. Based on this information, the City Attorney’s Office recommends we not proceed with soliciting the retail cannabis license in the CivicMU zone until the availability of an eligible site (Attachment B). This means one (1) or both existing sensitive receptors would have to vacate for the City to solicit the retail cannabis business permit in the CivicMU Zone.

California Environmental Quality Act (“CEQA”)
Pursuant to the CMC, the processing of a retail cannabis business permit is administrative and not subject to discretionary review. In addition, there is no expansion or new construction (floor area) proposed by STIIIZY Cudahy, LLC. Therefore, per Section 15268 of Article 18 of the CEQA guidelines, this action is a “ministerial project” and exempt from CEQA.

ATTACHMENT
A. STIIIZY Retail Cannabis Application
B. Memorandum from City Attorney’s Office

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City of Cudahy
Commercial Cannabis Business
(Retail) Application
Retail Storefront
Retail Storefront and Delivery
Office Use: Application Paid:

Date Submitted:

Date Received: Reviewed By:

Live Scan Payment(s):

Application #____________
Section A. APPLICANT AND BUSINESS INFORMATION. Name (individual or sole proprietor first and last; all other business types use legal business name) Doing Business As (DBA) If Applicant is a business, list individual applying on behalf of business of the business Primary Address (No P.O. Box) City State Zip
Mailing Address (If Different than primary address) City State Zip Business Website (If any) Email Address Phone Number
Applicant SS#, TIN, or FEIN DL/ID Number Applicant DOB Applicant Place of Birth Business Organization Structure (check one)
☐ Sole Proprietorship ☐ Limited Liability Company ☐ Limited Liability Partnership ☐ General Partnership ☐ Corporation ☐ Other: _____________________ Property Information
Zoning Designation General Plan Land Use Designation Assessor Parcel Number(s) Current Description of Property
STIIIZY Cudahy LLC
Tak Sato
Cudahy 8226 Salt Lake Ave. CA 90201
Los Angeles CA 90058 2001 S Alameda St.

N/A [email protected]
I-Ind w/ Urban Agriculture Overlay Zone Innovative Industrial 6224-021-010

0.24 acre property with an existing building totaling 6,946 square feet made of wood and masonry.

The property is currently used to manufactured wrought iron products and is owner-occupied.

Attachment A Page 253 of 435

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2. Describe the Commercial Cannabis Business organizational status and statement of purpose. ATTACH A SEPARATE PAGE FOR EXPLANATION IF NECESSARY.

Response:

3. List whether the applicant(s) have other licenses and/or permits issued to and/or revoked from the applicant in the three years prior to the year of this permit application, such other licenses and/or permits relating to similar business activities as in this permit application. If yes, list the type, current status, and issuing/denying agency for each license/permit. ATTACH A SEPARATE PAGE FOR EXPLANATION IF NECESSARY.

Response:

STIIIZY Cudahy LLC has been formed in the State of CA and is in Good Standing with the State of California. The purpose of this entity is to operate a Type 10 Cannabis Storefront Retailer within the city of Cudahy. Please see Attachment 2 for the copy of the formation documents.

Please see Attachment 3 for the list of cannabis licenses held by the owners of the applicant. No license has ever been revoked.

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STIIIZY Cudahy LLC
ATTACHMENT 1
Resumes of the Co-Owners of STIIIZY Cudahy LLC

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SHRYNE GROUP, INC. | 728 E. COMMERCIAL STREET | LOS ANGELES, CALIFORNIA 90012

A CALIFORNIA COMPANY

JAMES KIM
[email protected]
Overview
James Kim is the co-creator of STIIIZY, one of the most popular brands today in the country’s stateregulated cannabis industry, and sold in multiple states. STIIIZY is consistently ranked among the top 10 best-selling cannabis brands in California, the world’s largest legal cannabis market. Today STIIIZY is part of Shryne Group, a vertically integrated cannabis holding company with an asset and license portfolio that spans the Golden State and employs hundreds of people. James is a co-founder of Shryne Group and holds the title of managing director overseeing marketing and product innovation.

Shryne Group, Los Angeles, CA — CEO
JULY 2019 - PRESENT
● Oversee Shryne Group’s efforts to bring California cannabis brands to life for consumers as part of the executive leadership team.
● Lead the innovation and development of Shryne Group's advanced cannabis delivery systems across multiple brands.
● Guide the overall vision around architecture, art and design for Shryne Group’s retail properties, including the flagship experiential retail STIIIZY store in Downtown Los Angeles.

STIIIZY — Co-founder
JULY 2017 - PRESENT
● Spearhead brand and marketing integration efforts for Shryne Group’s award-winning STIIIZY brand.
● Facilitate STIIIZY's lifestyle and apparel partnerships. ● Oversee technology and innovation for the product development team.

Kilo E-Liquids — CEO
OCTOBER 2008 - PRESENT
● Co-founded internationally recognized, award-winning vaporizer brand. ● Led technology and innovation development efforts for Kilo’s e-liquid delivery system devices.
● Developed the brand's vision, lifestyle and cultural marketing efforts.

US Army – Specialist
AUGUST 2006 - JANUARY 2010
Served in the 101st Airborne Division, including one tour in Iraq.

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Tak Sato

EXPERIENCE
Shryne Group Inc., Los Angeles, CA September 2019- Present President
Lead Shryne Group’s retail expansion efforts throughout California and nationally. Obtained 10 cannabis retail licenses and a distribution license and obtained all entitlements in order to efficiently begin operations. Oversee real estate, compliance, entitlement and research divisions within the Development Department.

MedMen, Culver City, CA March 2018 – August 2019
Vice President of Acquisitions and Licensing
Advise all business units on business, legal and compliance issues in connection with mergers, acquisitions, joint ventures, commercial transactions and litigation. Signed and closed 15 cannabis related transactions worth over $300 million. Head of Licensing Department which obtains cannabis licenses through a competitive process.

Snell & Wilmer L.L.P., Los Angeles, CA March 2015 – March 2018 Corporate Associate
Represent clients in mergers and acquisitions, joint ventures and various commercial transactions.

Representative matters include representing:
• La Tavola, a high-end linen rental company, in its sale to the Frontenac Company. • Quidel Corporation, a publicly traded manufacturer of diagnostic healthcare products, in its acquisition of InflammaDry and AdenoPlus businesses from RPS Diagnostics. • Quidel Corporation in its acquisition of Immutopics, Inc., a bone health diagnostics company. • HealthiestYou, a mobile patient engagement company, in its sale to Teladoc, Inc.

Morrison & Foerster LLP, Tokyo, Japan May 2012 – September 2014 Corporate Associate
Represent clients in mergers and acquisitions, joint ventures and various commercial transactions.

Representative matters include representing:
• The Carlyle Group in its acquisition of Walbro Engine Management, a manufacturer of small engine carburetors.
• Ajinomoto, a publicly traded Japanese food and chemical company, in its acquisition of Althea Technologies, a clinical drug process development and manufacturing services company. • NTT Communications, a publicly traded information and communications technology company, in its acquisition of Solutionary Inc., a cloud network security services company.

Latham & Watkins LLP, Los Angeles, CA May 2006 – April 2012 Corporate Associate (August 2006 – March 2010)
Represent clients in mergers and acquisition transactions, security offerings and various SEC filings.

Representative matters include representing:
• Keystone Automotive Industries, a publicly traded distributor of specialty automotive equipment, in its sale to LKQ Corp.
• FTD Group, a publicly traded floral delivery service company, in its sale to United Online, Inc. • Yucaipa Companies in its PIPE transaction with the Great Atlantic & Pacific Tea Company.

EDUCATION
Columbia University Law School, New York, NY J.D. 2006
Honors: Harlan Fiske Stone Scholar
Activities: Journal of Transnational Law
U.C. Berkeley B.A. 2002
Honors: High Honors, Dean’s List

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STEPHANIE UY
SKILLS
• Cannabis licensing
• Cannabis compliance
• Creating legislation & navigating
legislative process
• Strategic communications
• Campaign planning
• Fundraising
• Public speaking

EDUCATION
Bachelors of Arts –
Asian American Studies, Urban &
Regional Studies
University of California - Los Angeles
2012

LEADERSHIP EXPERIENCE
Vice President, Los Angeles County
Young Democrats
Nov 2014 – Present / Responsible for
candidate endorsements; main liaison
between organization and political
campaigns
Deputy Director of Government Affairs,
Los Angeles NORML
Feb 2021 – Present / Responsible for
monitoring and advocating for legislation
that expands safe access to cannabis

WORK EXPERIENCE
Vice President of Public Affairs & Expansion, Shryne Group Los Angeles, CA/October 2021 to present
• Oversees implementation of state & local regulations to ensure compliance across companywide operations
• Monitors federal, state, and local policy to develop and lead expansion strategy into new markets
• Leads advocacy efforts at the state and local level to ensure favorable cannabis policy
Director of Government Affairs and Licensing, Amuse
Culver City, CA / August 2020 to October 2021
• Monitored federal, state, and local policy to develop and lead expansion strategy into new markets
• Collaborated with industry association to advocate for company’s legislative priorities
• Created and launched compassionate cannabis donation program to serve the veteran and HIV/AIDS community
President, Solidarity Strategic Group
Los Angeles, CA / March 2020 to August 2020
• Specialized in representing cannabis and renewable energy clients • Successfully lead client to obtaining cannabis business licenses and to launch of operations
Southern California Regional Policy Manager, Flow KanaCulver City, CA / August 2019 to November 2019
• Developed Standard Operating Procedures for state licensing applications
• Mastered due diligence procedure that resulted in tens of thousands of dollars in cost savings
Legislative Deputy, Office Of LA City Councilmember Mitchell Englander Los Angeles, CA / March 2017 to August 2019
• Advised the Councilmember on annual City Budget of $9.9 billion and negotiated with nine City departments to advocate for district needs & priorities • Directed Council proceedings and whipped votes for presiding Council President • Worked with the Mayor's office & various City departments to effectuate legislation, priority initiatives and projects
Field Representative, Office of CA Assemblymember Jimmy Gomez Los Angeles, CA / December 2015 to March 2017
• Built and maintained relationships with constituents, community groups • Advocated on behalf of all communities and especially low-income constituents to ensure State departments and agencies provide adequate services
Council Aide, Office of LA City Councilmember Paul Krekorian Los Angeles, CA / December 2013 to December 2015
• Managed Councilmember's schedule - processing over 70 requests per day and prepared legislative research and office infrastructure functions

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STIIIZY Cudahy LLC
ATTACHMENT 2
Formation Documents of STIIIZY Cudahy LLC

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A LIMITED LIABILITY PARTNERSHIP
WWW.OMLOLAW.COM
500 SOUTH GRAND AVENUE ∎ 12TH FLOOR ∎ LOS ANGELES, CA 90071 PHONE 213.744.0099 ∎ FAX 213.744.0093
To: City Council, City of Cudahy
From: Office of the City Attorney
Date: January 11, 2024
Subject: Opening of Application Period for Awarding of Second Retail Cannabis Permit Under the Cannabis Business Accountability Measure This memorandum provides an update as to current status of the second retail cannabis permit available under The Cannabis Business Accountability Measure.

BACKGROUND
On November 8, 2022, a general municipal election took place that included a ballot initiative seeking to regulate the retail sale of cannabis and cannabis products throughout the City of Cudahy (“City”). This ballot initiative was approved by the voters, requiring the City adopt an ordinance to regulate retail cannabis businesses. On December 20, 2022, the City of Cudahy adopted Ordinance No. 730 (The Cannabis Business Accountability Measure) which was incorporated in the Cudahy Municipal Code (“CMC”) under Chapter 5.30. This new chapter, consistent with State legislation, contains rules and regulations under which a maximum of two retail cannabis businesses may be permitted – one in the Civic Mixed Use (Civic) Zone, and one in the Urban Agricultural Overlay (Overlay) Zone.

In March 2023, the City released the application and guidelines for the solicitation of retail cannabis business permits. At the conclusion of the 60-day application period, all applications were reviewed for completeness and only one application was deemed complete and continued through the scoring process. The successful application location is in the Overlay Zone.

APPLICATION PROCESS FOR SECOND RETAIL CANNABIS LICENSE
CMC Section 5.30.050 (Maximum Number of Authorized Cannabis Retailers Permitted) authorizes the total number of retail cannabis business permits within the City is two (2) maximum, Attachment B Page 267 of 435
January 11, 2024

Page 2 ends

with one (1) license in the Civic Zone and one (1) in the Overlay Zone. The only available license currently is in the Civic Zone; however, CMC Section 5.30.060 (Location and Design Requirements for Cannabis Retailers) requires retail cannabis businesses to be located at least 600 feet from the following sensitive receptors: schools, day care centers, youth centers, and places of religious assembly. The Civic Zone contains one additional sensitive receptor, Options for Youth (OFY) categorized under “Other”, located in the Cudahy Plaza Shopping Center (APN: 6224-005- 032). Pursuant to the CMC, there are a total of two sensitive receptors in the Civic Zone, OFY and Elizabeth Learning Center.

CMC Section 5.30.070 (Cannabis Retailer Application Procedure), subsection (7) requires the City Manager, within sixty (60) days, reinstitute the application procedure, subject to the maximum number of retail cannabis business permits for retailers authorized.

When considering the 600-foot radius buffer from the two sensitive receptors in the Civic Zone, as depicted by the maps as drafted by Radius Maps 4 Less, attached as Attachment A, there are currently no available properties within the zone that can qualify for the second retail cannabis license.

CONCLUSION
Given the current locations of the sensitive receptors in the Civic Zone, there are no available locations for a second license. It is recommended that the City not reinstitute the retail cannabis business application process as required by CMC Section 5.30.070, until there is a change in the location of the sensitive receptors in the Civic Zone.

If you have questions or if you would like to discuss matters not covered in this memorandum, please feel free to contact the City Attorney’s office at (213) 744-0099.

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ATTACHMENT A

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Clara
710
Otis
Ira
42 Wilcox
Live Oak
Santa Ana
Hill
Jaboneria
Gage
Southern Pacific
Salt Lake
Union Pacific
Long Beach
Garfield
Lubec
Ajax
California
Cecilia
Eastern
Atlantic
Olive
Liberty
River
Loveland
King
Florence
Agra
Firestone
Crafton
Priory
Cudahy
Muller
Selinda
Quinn
Ludell
Colmar
Flora
Hope
Ardmore
San Juan
Hartle
Ardine
Broadway
Pine
Purdy
Fostoria
Independence
Elizabeth
Chanslor
Park
Gotham
Sherman
Gallant
Vinevale
Bell
Flower
Patata
Bear
Marlow
Fry
Darwell
Heliotrope
Specht
Shull
Bissell
Corona
Fishburn
Woodward
Adamson
Bent
Weik
Beck
Cecelia
Walnut
San Luis
Toler
Virginia
Cortez
San Antonio
Mason
Buell
San Carlos
Alamo
Felix
Georgia
San Gabriel
Mayflower
Acacia
San Miguel
Rheem
Gifford
Prospect
Brompton
Orchard
Sun
Southall
Gephart
Rayo
Quartz
Clarkson
Bell Gardens
San Vincente
Walker
Nelson
Anita
Selfland
Rio Hondo
Gilliland
Perry
Smith
Nevada
Scout
Library
City
Lynda
Jardinas
Purdy
Cecilia
Bell
Gallant
Beck
Atlantic
Bell
Fostoria
Park
California
Salt Lake
Live Oak
Nelson
Park
Walnut
Bell
San Miguel
Alamo
Walker
Pine
Beck
Weik
Beck
Loveland
Brompton
Specht
Olive
River
Beck
Flora
Crafton
Shull
San Luis
Nevada
Walker
San Gabriel
Cecelia
Cecelia
Garfield
Clarkson
Fry
Toler
Live Oak
Brompton
Bell
San Vincente
Brompton
Long Beach
Southall
710
Gotham
Flower
Live Oak
Priory
Eastern
Specht
San Antonio
Live Oak
Bear
Eastern
Atlantic
Hartle
Gotham
Weik
Shull
San Carlos
Crafton
Quinn
Weik
Fostoria
Bell
San Luis
Cecilia
Toler
Southall
Rd
RR
Frwy
St
Dr
Blvd
Wy
Ave
Ln
Pl
Blvd
Pl
St
St
St
St
St
St
St
St
Ave
St
Pl
St
St
St
St
St
St
St
Rd
Wy
St
St
St
St
St
St
St
St
St
St
St
Ave
St
Ln
St
St
St
Ave
Dr
St
Ave
Ave
St
St
Ave
St
St
Dr
St
St
Frwy
St
St
St
Pl
Ln
Ave
Dr
Ln
St
St
Ave
St
Ave
Ave
St
Ave
Ave
St
St
Ave
St
St

CIVIC MIXED-USE ZONE AND SENSITIVE RECEPTORS OVERLAY
Los Angeles County Geographic Information System
Base Parcel Database (Derived from APN Maps)
Coordinate System: NAD 1983 StatePlane California V FIPS 0405 Feet Datum: North American 1983
Graphic Data Source
Map Date: 1/9/2024
0 625 1,250 2,500
Feet
ORDER NO. 2024-03
´
Legend
Sensitive Uses
600' Radius
Civic Mixed Use Zone
SENSITIVE RECEPTORS DERIVED FROM CITY OF CUDAHY ORDINANCE NO. 730

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Clara
Otis
Santa Ana Wilcox
Salt Lake
Cecilia
Elizabeth
Atlantic
Union Pacific
Cecelia
Hill
Olive
Liberty
San Vincente
Cudahy
Clarkson
Broadway
Ardine
San Miguel
Alamo
Hartle
Santa Ana Pines
Salt Lake
Cecelia
Atlantic
Atlantic
Olive
Ave
RR
St
Blvd
St
Ave
Ave
Ave
Ave
St
St
Ave
Ave
Ave
St
St
St
Ave
Ave
St

CIVIC MIXED-USE ZONE AND SENSITIVE RECEPTORS OVERLAY
Los Angeles County Geographic Information System
Base Parcel Database (Derived from APN Maps)
Coordinate System: NAD 1983 StatePlane California V FIPS 0405 Feet Datum: North American 1983
Graphic Data Source
Map Date: 1/9/2024
0 245 490 980
Feet
ORDER NO. 2024-03
´
Legend
Sensitive Uses
600' Radius
Civic Mixed Use Zone
SENSITIVE RECEPTORS DERIVED FROM CITY OF CUDAHY ORDINANCE NO. 730

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STAFF REPORT
Date:

To:

From:

Subject:

January 16, 2024
Honorable Mayor and City Council Members
From: Alfonso Noyola, City Manager
By: Kassandra Cornejo, Associate Planner
Concurrence: Juan Arauz, AICP, Community Development Director Adopt Resolution No. 24-01 to Approve Membership in the Gateway Cities Affordable Housing Trust, A Joint Powers Authority

RECOMMENDATION
The City Council of the City of Cudahy (the “City”) is recommended to:

1. Hear presentation by City staff and the Gateway Cities Affordable Housing Trust; and

2. Discuss and Consider Adopting Resolution No. 24-01, approving City execution of the Joint Exercise of Powers Agreement relating to membership in the Gateway Cities Affordable Housing Trust; and

3. If Resolution is Adopted, Authorize the Mayor to execute the Gateway Cities Affordable Housing Trust Joint Powers Authority (JPA) Agreement.

EXECUTIVE SUMMARY
Staff recommends that the City of Cudahy consider joining the Gateway Cities Affordable Housing Trust (the “Trust”), a Joint Powers Authority (JPA) formed among the cities within the Gateway Cities region. The Trust provides funding for-rent affordable housing. However, the Trust guidelines and scoring criteria do not support for-sale housing products.

These funds improve the financial viability of individual for-rent housing projects and programs.

This funding can also increase each project’s competitiveness for additional state and federal funding sources. Additionally, the Trust works with a variety of government and philanthropy Item Number
14D

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groups to attract more housing funds to the Gateway Cities region. Joining the Trust would support the City to achieve some of the stated goals and objectives of the 6th Cycle Housing Element and support the region to bring new dollars to help fund more affordable housing development.

To become a member, the City Council would adopt Resolution No. 24-01 and authorize the City to execute the JPA with Trust.

BACKGROUND
The Gateway Cities region of Los Angeles County includes 27 cities located along the I-710 corridor in eastern Los Angeles County. Early in 2021, the Gateway Cities Council of Governments (GCCOG) obtained State funding from the Southern California Association of Governments (SCAG) to explore the formation of an affordable housing trust within the region.

Since then, GCCOG and their consultant conducted activities including the following:
• Interview the GCCOG cities to determine their housing needs and priorities, explain the concept of the Trust, and investigate their interest in being a member. • Interview other stakeholders in the region in the same fashion, including the County of Los Angeles, affordable housing developers, financing entities, advocates, research organizations, and other related entities to gain their perspectives. • Provide an overview of best practices from other local housing trust fund studies, as well as a comparative review of the range of organizational and governance structures. • Conduct a study of the overall housing needs in the region, determine the existing sources of support to meet these needs, and estimate how much additional funding support will be needed for cities to meet these needs and satisfy their Regional Housing Needs Assessment obligations.
• Identify affordable and homeless housing developments planned within the Gateway Cities, including those in construction and those in the entitlement and pre-development phases. Compare the number of units to be provided and the populations to be served by these units to the housing need report.
• Form a Steering Committee of Gateway COG City Managers and others to work with the GCCOG and the consultants to make the initial recommendations for how a Trust might be formed and explore the initial sources of funding to support this effort. • Based on dialogue with the Trust Steering Committee, create and support the negotiation of a Joint Powers Agreement for the Trust, develop an Administrative Plan, Governance Structure, and Bylaws for the Trust.
• Prepare a draft strategic plan for the new Trust, for review and acceptance by the GCCOG Board and final adoption by the new Board of Directors of the Trust when that Board is in place.

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• Develop an operational plan for the first full year of operations of the Trust, proposed as fiscal year July 1st, 2023, to June 30th, 2024.
• Create a draft capital and administrative budget for the first year of Trust operations.

In late summer 2022, a Trust Steering Committee was formed including representatives from member cities, Los Angeles County, developers, and financing entities. The Trust Steering Committee met on three occasions and accomplished a variety of detailed analysis including, a review of other housing trusts best practices, examined potential funding sources for capital and administrative funding, discussed potential housing programs/projects, identify the key components to the Trust Strategic Plan, and helped draft the Joint Powers Agreement.

The Steering Committee unanimously recommended the formation of an affordable housing trust for the Gateway Cities sub-region. In addition, presentations were made to the GCCOG Committee on Homelessness, Gateway Cities City Managers and Planning Directors Committee.

All groups expressed unanimous support for the formation of a Trust.

TRUST MEMBERSHIP
As outlined in the JPA, the Trust does not build, own, or manage housing projects. The Trust cannot require that housing projects be located in specific cities, require member cities to take an allocation of supportive housing units, or require that cities provide a local funding match. The Trust Board of Directors determines whether a funding application meets the Notice of Funding Availability criteria. Each local jurisdiction maintains land use control and processes the entitlement consistent with its zoning and municipal code requirements.

The JPA contains a provision that requires members to contribute towards administrative expenses of the Trust. Member cities are not required to contribute funding until July 1, 2024.

Prior to this period the, GCCOG has secured administrative formation funding for the Trust. The annual membership fees are based upon city population:
• Up to 30,000 = $7,500
• 30,001 to 60,000 = $15,000
• 60,001 to 100,000 = $32,500
• Greater than 100,000 = $47,500
This amount will increase annually in an amount equal to the U.S. Bureau of Labor Statistics consumer price index for Los Angeles-Long Beach-Anaheim area for the 12-month period preceding the year the fees are assessed.

The City would maintain the right to withdraw from the JPA subject to an approved resolution and by providing a six-month notice.

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GOVERNANCE
The Trust will be a public government entity established by joint powers authority and in accordance with the Joint Exercise of Powers Act, as codified in California Government Code § 6500, et seq. The Trust will be organized to receive public and private capital and administrative funds to address local housing needs. The Trust will have an ongoing administrative revenue source from city membership fees as specified in the Trust Joint Powers Agreement (JPA) (Attachment 1, Exhibit A) to be signed by each city that is a member of the Trust.

The Trust is governed by a nine-member Board of Directors (Board). Pursuant to the JPA By-Laws (Attachment B), the Board is comprised of seven elected officials whose governing body is a member of the Trust and appointed by the GCCOG Board. A Trust member city will be represented on the Board by each population category specified in the Trust Membership fee calculation. Two additional Board members are experts in homelessness or housing policy and approved by the GCCOG City Managers Committee. A list of current Trust Board Members is provided as Attachment C.

PAST AND PIPELINE OF AFFORDABLE HOUSING PROJECTS
The Trust will help cities in the Trustsubregion address their Regional Housing Needs Assessment (RHNA) which is mandated by State Housing Law as part of the periodic process of updating local housing elements of the General Plan for each city. RHNA quantifies the need for housing within each jurisdiction during specified planning periods.

In the past eight-year planning period, from 2013 through 2021, the GCCOG subregion received tax credit funding for 58 projects totaling nearly 6,000 housing units.

A 2022 survey of GCCOG cities revealed that there are 38 affordable housing projects currently in the pipeline that have not yet started construction. Most of these projects need critical gap subsidy funding to start construction. These 38 pipeline projects would benefit from additional funding provided by the Trust which could accelerate and facilitate the creation of an additional 4,000 affordable housing units in the COG subregion.

CONCLUSION
Joining the Trust would support the City’s Housing Element goals of encouraging more affordable housing, as well as the objective to secure state, federal, and local affordable housing funds and to assist developers in finding funding sources. However, the existing guidelines and scoring criteria of the Trust do not support for-sale housing projects, which is a missing housing product in the City.

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To become a member, the City Council would adopt Resolution No. 24-01 (Attachment A) and authorize the City to execute the Joint Powers Agreement with the Trust (Attachment A, Exhibit A).

STRATEGIC PLAN IMPACT
Executing the Gateway Cities Affordable Housing Trust Joint Powers Authority (JPA) Agreement supports the following strategies identified in the City’s Strategic Plan as adopted by the City Council.

Goal C (Housing Security and Affordability)

1. Increase the use of residential rehabilitation programs using Community Development Block Grant (CDBG) funds.

2. Increase home ownership among residents by creating home ownership options and providing educational tools.

3. Facilitate workshops to educate residents about tenant rights (e.g., “Know Your Rights” workshops).

4. Collaborate with the County and regional partners to address homelessness, near homelessness, and causes of homelessness.

5. Analyze the costs and benefits of developing a rent stabilization program.

6. Analyze the feasibility of developing a Southeast Los Angeles Housing Trust.

7. Implement the City’s sixth cycle Housing Element and utilize the newly adopted Inclusionary Housing Ordinance to provide affordable housing opportunities.

FINANCIAL IMPACT
No financial impact is expected until July 1, 2024. Future financial impact, beginning July 1, 2024, is estimated at $7,500 annually.

ATTACHMENTS
A. Draft Resolution No. 24-01
B. Trust Joint Powers Authority By-Laws
C. Trust Board Members (USED AFTER APRIL 2023 BOARD APPOINTMENT)

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RESOLUTION NO. 24-01

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CUDAHY, CALIFORNIA, APPROVING, AUTHORIZING,

AND DIRECTING THE EXECUTION OF THE JOINT

EXERCISE OF POWERS AGREEMENT RELATING TO

MEMBERSHIP IN THE GATEWAY CITIES AFFORDABLE

HOUSING TRUST
WHEREAS, The Gateway Cities Affordable Housing Trust (GCAHT) will be formed upon the approval of at least three qualified members as a joint powers authority between cities throughout the Gateway Cities subregion; and
WHEREAS, GCAHT was created for the purpose of funding housing specifically assisting persons and families of extremely low, very low, low and moderate income within the County of Los Angeles; and
WHEREAS, the City of Cudahy (the “City”) has determined through its 6th Cycle Housing Element Update that there is great need for more affordable housing in the City; and
WHEREAS, the City has determined that there are limited financial resources for affordable housing development and that additional local financing increases the competitiveness of individual projects for the State and Federal resources; and WHEREAS, the City has determined that it is in the public interest and for the public benefit that the City become a member of the GCAHT in order to further facilitate the development of affordable housing in the City and throughout the region, including the financing of projects therefore by the GCAHT; and
WHEREAS, the City will be joining other cities that are members of the GCAHT in efforts to increase State and Federal resources for affordable housing directed to GCAFT; and
WHEREAS, the Agreement has been filed with the City, and the members of the City Council of the City (the “City Council”), with the assistance of its staff, have reviewed said document; and
WHEREAS, the GCAHT is authorized to issue grants and loans to developers for the purpose, among others, of financing or refinancing the construction, acquisition and rehabilitation of affordable housing; and
WHEREAS, the City anticipates that there will be affordable housing projects in need of financing located in the City; and

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, AS FOLLOWS:

Attachment A Page 278 of 435
SECTION 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by reference.

SECTION 2. The City Council hereby authorizes the City’s membership in the Gateway Cities Affordable Housing Trust (GCAHT).

SECTION 3. The City Council has reviewed and approves the Joint Exercise of Powers Agreement substantially in the form attached and incorporated herein as Exhibit A.

SECTION 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire, construct or operate any Project or any refinancing of any Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, improvement, rehabilitation or operation of any Project; (iii) require any contribution or advance any funds whatsoever to the GCAHT other than membership fees for administrative costs; or (iv) except as provided in this Resolution, take any further action with respect to the GCAHT or its membership therein.

SECTION 5. The Mayor, the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute the Joint Exercise of Powers Agreement and to perform such other acts and deeds, as may be necessary or convenient to affect the purposes of this Resolution and the transactions herein authorized.

SECTION 6. The City Clerk shall forward a certified copy of this Resolution and an originally executed Agreement to the GCAHT:

Gateway Cities Affordable Housing Trust
Attn: Melani Smith
16401 Paramount Blvd
Paramount, CA 90723
SECTION 7. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at the regular meeting held on this 16th day of January 2024. ______________________________
Jose R. Gonzalez
Mayor

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ATTEST:
__________________________
Richard Iglesias
City Clerk

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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. 24-01 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 16th day of January 2024 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Richard Iglesias
City Clerk

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“Exhibit A”

JOINT EXERCISE OF POWERS AGREEMENT

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EXHIBIT A

JOINT EXERCISE OF POWERS AGREEMENT
THIS JOINT EXERCISE OF POWERS AGREEMENT (the “Agreement”) is made this ____ day of ________, 2024 (the “Effective Date”), by and between the following public entities (each a “Party” and, collectively, the “Parties”): _________, ___________, and _________ (collectively, the “Cities”).

RECITALS
A. The Parties have a strong interest in promoting the health, safety, and welfare of the residents within their geographic boundaries.

B. Each Party has the individual power to implement affordable housing projects and programs generated within its jurisdictional boundaries, as well as, to create and issue development agreements for such activities.

C. The Parties find it in their mutual interest to address affordable housing issues on a regional level.

D. An adequate supply of housing throughout the Gateway Cities subregion will provide social and economic benefits to residents and taxpayers of the Parties.

E. The Parties desire to act in the public interest to lessen the burden of government by reducing the need for each Party to act individually, and to provide charitable support for affordable housing in the Gateway Cities subregion of Los Angeles County (the “County”).

F. California Government Code § 6500 et seq. (“Joint Exercise of Powers Act” or “Act”) permits two or more public agencies to create joint powers authorities for the purposes cited herein and permits the agencies to exercise jointly any power that the public agencies could exercise separately, and further grants certain additional powers to such joint powers authorities.

G. Local land-use decisions remain solely with each Party. Nothing in this Agreement deprives any Party of its sovereign powers with respect to land-use or transfers such powers to the joint powers authority.

NOW, THEREFORE, in consideration of the mutual promises set forth below, the Parties agree as follows:

Section 1. Creation and Purpose.
(a) Creation of GCAHT. Pursuant to the Joint Exercise of Powers Act, there is hereby created a public entity to be known as the “Gateway Cities Affordable Housing Trust.” GCAHT shall

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be a public entity separate and apart from the Parties and shall administer this Agreement.
(b) Purpose. This Agreement is made pursuant to the Joint Powers Act for the purpose of creating the GCAHT as a public entity separate from the Parties to: (i) exercise common powers with respect to receiving public and private financing and funds; and (ii) fund the planning and construction of housing of all types and tenures for persons and families of extremely low, very low, low and moderate income, as defined in Section 50093 of the Health and Safety Code, including, but not limited to, permanent supportive housing. The purpose of this Agreement shall be accomplished, and common powers exercised in the manner set forth in the Agreement. Nothing contained in this Agreement shall preclude the Parties form establishing, maintaining, or providing social programs or services to its residents as it deems proper and necessary.

Section 2. Term and Termination
(a) Term. This Agreement shall become effective, and GCAHT shall come into existence, on the Effective Date, and this Agreement shall thereafter continue in full force and effect until terminated pursuant to subdivision (b) of this section. (b) Termination. This Agreement may be terminated by agreement of the Parties. Upon termination of this Agreement, GCAHT shall be dissolved and, after payment of provision for payment of all liabilities, the assets of GCAHT shall be distributed to the Parties in proportion to the contribution of each Party to GCAHT and the amounts paid by each Party in connection with GCAHT’s activities.

Section 3. Powers and Duties of GCAHT.
(a) General Powers. GCAHT shall have all the powers common to the Parties to this Agreement necessary or convenient, specified, or implied, to accomplish the purpose of this Agreement as set forth in Section 1, subject to the restrictions set forth in Section 3, subdivision (c) below. Said powers shall be exercised in the manner provided in the Joint Exercise of Powers Act and, except as expressly set forth herein, subject only to such restrictions upon the manner of exercising such powers as are imposed upon the Parties in the exercise of similar powers.
(b) Specific Powers. Without limiting the generality of the powers conferred in subdivision (a) of this Section 3, GCAHT is hereby authorized, in its own name, to do all of the acts necessary or convenient to the accomplishment of the purposes of this Agreement and the full exercise of the powers conferred in subdivision (a) of this Section 3, including but not limited to the following:

1. to make and enter into contracts;

2. to contract for staff assistance;

3. to sue and be sued in its own name;

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4. to apply for, accept, receive and disburse grants, loans and other aids from any agency of the United States of America, the State of California, Los Angeles County, Party to this Agreement, or any other agency providing funding related to the purposes of this Agreement;

5. to invest any money in the treasury pursuant to Section 6505.5 of the Joint Powers Act that is not required for the immediate necessities of GCAHT, as GCAHT determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the California Government Code;

6. to apply for letters of credit or other forms of financial guarantees in order to enter into agreements in connection therewith;

7. to carry out all the provisions of this Agreement;

8. to purchase obligations of any Party;

9. to engage the services of private consultants to render professional and technical assistance and advice in carrying out the purposes of this Agreement;

10. to employ and compensate legal counsel determined appropriate by GCAHT in accomplishment of the purchase of this Agreement;

11. to contract for engineering, construction, architectural, accounting, environmental, land use, or other services determined necessary or convenient by GCAHT in connection with the accomplishment of the purposes of this Agreement;

12. for the purposes of enforcing affordable housing covenants or holding security interests for loans, to take title to, and transfer, sell by installment sale or otherwise, lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and other interests in real or personal property which GCAHT determines are necessary or convenient in connection with the accomplishment of the purposes of this Agreement;

13. for the purposes of renting space for GCAHT to operate, to lease to, and to lease from, a Party or any other person or entity, lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and other interests in real or personal property which GCAHT determines are necessary or convenient in connection with the accomplishment of the purposes of this Agreement;

14. to solicit charitable contributions from private sources;

15. to propose amendments to this Agreement; and

16. to exercise any and all other powers as may be provided for GCAHT in the Joint Powers Act or any other applicable law.
(c) Limitation on Powers. This Agreement does not authorize GCAHT do any of the following:

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1. Regulate land use in cities or in the unincorporated area of the County;

2. Serve as an owner or operator of housing units;

3. Levy, or advocate or incentivize the levying of, an exaction, including an impact fee, charge, dedication, reservation or tax assessment, as a condition of approval of a development project;

4. Require or incentivize inclusionary zoning requirements;

5. Require the Parties to this Agreement to dedicate or assign funding for any GCAHT obligations or programs;

6. Approve a housing project or program that is not supported by the governing body of the jurisdiction (a city or the county) in which the project is proposed to the sited; or

7. Require the Parties to this Agreement to accept or provide any number of housing units as a prerequisite to joining or remaining a member of the Trust.

Section 4. Members
The members of GCAHT shall be the Parties to this Agreement who have not withdrawn from GCAHT, and such other Parties as may join GCAHT after execution of this Agreement. New members may join on the terms and conditions set forth in Section 10 hereof. Only cities within the County of Los Angeles within the Gateway Cities subregion may be a party to this Agreement and a member of GCAHT.

Section 5. Board of Directors
(a) Selection of Directors. GCAHT shall be governed by a Board of Directors consisting of nine Directors selected as follows:

1. Seven Directors who are members of the Gateway Cities Council of Governments (GCCOG) Governing Board, or any elected official serving within the GCCOG jurisdiction that is also a Party to this Agreement and selected by the Gateway Cities Council of Governments Governing Board (“GCCOG Board”)

2. Two Directors that are experts in homelessness or housing policy and approved by the Gateway Cities Council of Governments City Managers Committee.

3. Alternates for each Director position may be established by their approving entity. (b) Board Powers. Subject to the limitations of this Agreement and the laws of the State of California, the powers of GCAHT shall be vested in and exercised by and its property and its affairs by the Board of Directors.
(c) Advisory Board. The Board of Directors may appoint advisory boards that may include such persons as designated by the Board of Directors. The Board of Directors shall adopt bylaws that govern the appointment of advisory boards should it determine in its discretion to appoint such advisory boards.

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(d) Compensation. Members of the Board shall serve without compensation but shall be entitled to reimbursement for any expenses actually incurred in connection with serving as Director; provided such expenses have been previously approved by the Board of Directors and incurred in accordance with any GCAHT policies or procedures governing same.
(e) Term. Members of the Board shall serve for a two-year term. There are no term limits.

The initial Board will serve a term staggered between one-year and two-year terms. Three of the seven Directors who are members of the GCCOG Board shall have an initial term of one year. One of the two Directors that are experts in homelessness or housing policy shall have an initial term of one year. The initial one-year terms will be determined through the drawing of lots.
(f) Meetings of the Board of Directors.

1. Call, Notice and Conduct of Meetings. All meetings of the Board of Directors, including without limitation, regular, adjourned regular, special meetings and adjourned special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act, Government Code sections 54950 et seq.

2. Regular Meetings. Regular meetings of the Board of Directors shall be held at such dates and times as the Board may fix by resolution from time to time. If any day so fixed for a regular meeting shall fall upon a legal holiday, then such regular meeting shall be held on the next succeeding business day at the same hour. No notice of any regular meeting of the Board of Directors need be given to the individual Directors.

3. Special Meetings. Special meetings of the Board of Directors shall be held whenever called by the Chairperson of the Board or by a majority of the Directors. Notices of all special meetings shall be provided to all Parties.

4. Quorum. A majority of the seated members of the Board of Directors shall constitute a quorum at any meeting of the Board except that less than a quorum may adjourn a meeting to another time and place. Every act or decision done or made by a majority of the Directors present at any meeting at which a quorum is present shall be the act of the Board of Directors.

5. Minutes. The Board of Directors shall keep minutes of all regular, adjourned regular, and special meetings, and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director and to the Parties.

6. Officers. The Board of Directors shall elect a chairperson and a vice chairperson from among its Directors at the first meeting held in each fiscal year. In the event that the chairperson or vice chairperson so elected ceases to be a Director, the resulting vacancy shall be filled at the next regular meeting of the Board of Directors held after such vacancy occurs or at a special meeting called for that purpose. In the absence or inability of the chairperson to act, the vice chairperson shall act as chairperson. The

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chairperson, or the chairperson’s absence, the vice chairperson, shall preside at and conduct all Board of Director’s meetings.

7. Rules and Regulations. The Board of Directors may adopt, from time to time, by resolution, such rules, regulations, and bylaws for the conduct of its meetings and affairs as the Board determines is necessary or convenient.

Section 6. Additional Officers and Employees
(a) Officers and Contract Staff

1. GCAHT may contract with a Party to this Agreement, the GCCOG, for officers and staff pursuant to Section 6(d), or retain independent contractors, agents, or volunteers as the Board of Directors may deem necessary to carry out any of GCAHT’s powers, upon such terms and conditions as the Board may require, including the retaining of professional and technical assistance, provided that adequate funds are available in GCAHT’s budget and are appropriated by GCAHT therefor.

2. None of the officers, agents, or staff, if any, directly contracted by GCAHT shall be deemed, by reason of their roles or duties or contracted status, to be employed by the Parties.
(b) Treasurer and Auditor/Controller. Pursuant to Government Code Sections 6505.5 and 6505.8, the Board of Directors shall appoint an officer or employee of GCAHT, or an officer or employee of a public agency that is a Party to this Agreement, or a certified public accountant to hold the offices of treasurer and auditor for GCAHT. Such person or persons shall possess the powers of and shall perform the treasurer and auditor functions for GCAHT required by Sections 6505, 6505.5 and 6505.6 of the Government Code, including any subsequent amendments thereto. Pursuant to Government Code Section 6505.1, the auditor and treasurer shall have charge of certain property of GCAHT. The treasurer and auditor shall assure that there shall be strict accountability of all funds and reporting all receipts and disbursements of GCAHT. The treasurer and auditor of GCAHT shall be required to file and official bond with the Board of Directors in an amount, which shall be established by the Board. Should the existing bond or bonds or any such officer be extended to cover the obligations provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable to the coverage required herein shall be an appropriate expense of GCAHT.
(c) Attorney. The Board of Directors shall have the power to appoint one or more legal advisors to GCAHT who shall perform such duties as may be prescribed by the Board. (d) Administrative Services and Reimbursement of Costs.

1. The Board of Directors may contract with a Party to this Agreement to provide necessary administrative services to GCAHT, including the services described in Section 6(a), (b) and

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(c). The amount charged by the Party to provide such services to GCAHT shall be fixed by agreement between the Board of Directors and the governing board of the Party providing such services. In the absence of an agreement on costs, the Party providing services to GCAHT under this Section 6 may charge GCAHT the amounts necessary to recover the direct and indirect costs of such services.

2. If GCAHT contracts with a Party to this Agreement to provide GCAHT with administrative services through persons who are employees and officers of the Party, then any retirement liabilities associated with that Party’s employees and officers shall not constitute a liability of GCAHT or any other Party to this Agreement. This Section 6(d)(2) shall not preclude a Party providing administrative services to GCAHT pursuant to a contract with GCAHT from accounting for such salary and benefit costs when negotiating the rates that the Party will charge GCAHT for providing such services.

Section 7. Financial Provisions
(a) Fiscal Year. The Fiscal Year of GCAHT shall, unless and until changed by the Board of Directors, commence on the 1st day of July of each year and shall end on the 30th day of June of the next succeeding year except that the initial Fiscal Year of GCAHT shall commence on the effective date of this Agreement and end on the immediately following 30th day of June. (b) Budget.

1. General Budget. Within one hundred and twenty days (120) after the first meeting of the Board of Directors, a general budget for the first fiscal year shall be adopted by the vote of a majority of all the Directors. The budget shall distinguish between administrative costs (i.e., the cost of operating GCAHT) and Program costs (i.e., the financing of the programs funded or sponsored by GCAHT). Thereafter, at or prior to the last meeting of the Board of Directors for each fiscal year, a general budget shall be adopted for the ensuing fiscal year or years by a vote of at least a majority of all Directors of the Board.

2. Expenditures for the Approved Budget. The payment of all GCAHT obligations is limited to the amount of appropriations allowed in GCAHT’s approved budget, except as it may be revised with the approval of a majority of all of the Directors of the Board of Directors. (c) Contributions by the Parties.

1. Administrative Cost Contributions. The GCCOG shall be responsible for GCAHT’s administrative costs until June 30, 2024. After this initial period, and in consideration of the mutual promises contained herein, the Parties agree that they shall make annual contributions towards the budgeted administrative costs of GCAHT in accordance with a cost allocation formula as outlined below:

POPULATION ANNUAL ADMINISTRATIVE FEE
Up to 30,000 $7,500

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30,001 – 60,000 $15,000
60,001 – 100,000 $32,500
>100,000 $47,500
The Administrative Fee shall be assessed annually. After the first fiscal year, the Fees shall increase annually in an amount equal to the U.S. Bureau of Labor Statistics consumer price index for all urban consumers in the Los Angeles-Long Beach-Anaheim area for the 12- month period preceding the year the Fees are assessed. Payment of the Fees shall be due within 30 days of receipt of an invoice from the GCAHT. The invoice shall indicate how the Fees were calculated. A Party's contribution to GCAHT's administrative costs shall be in the form of money, unless the Board of Directors approves another form of contribution such as services, personal property or use of real or personal property, or other in-kind contributions. The acceptance and valuation of any such non-monetary contributions may be used to offset in whole or part a Party’s contribution as determined in the sole and absolute discretion of the Board of Directors. Notwithstanding the above, after the first fiscal year the Board of Directors may establish Fees in an amount the Board of Directors deems financially prudent; provided it shall roughly be proportional as to each Party in the amounts reflected in the table above.

2. Program Cost Contribution. The particular programs and program budget, funded, sponsored or operated by GCAHT, as well as the level of, and mechanisms for, the involvement of GCAHT and each Party, in such programs and program budget, shall be determined and approved by the Board of Directors.
(d) Accounts and Reports.

1. Books and Records. There shall be strict accountability of all GCAHT funds and accounts and report of all GCAHT receipts and disbursements. Without limiting the generality of the foregoing, GCAHT shall establish and maintain such funds and accounts as may be required by good accounting practice. The books and records of GCAHT shall be open to inspection at all reasonable times by each Party and its duly authorized representatives.

2. Annual Audit. The person appointed by the Board of Directors to perform the auditor function for GCAHT shall cause an annual independent audit of the accounts and records of GCAHT and records to be made by a certified public accountant or firm of certified public accountants in accordance with Government Code section 6505. Such audits shall be delivered to each Party and shall be made available to the public.

3. Annual Financial Report. Pursuant to section 6539.5 of the Government Code, GCAHT shall publish an Annual Financial Report that shall describe the funds received by GCAHT and the use of such funds by GCAHT. The Annual Financial Report shall describe how the funds received by GCAHT have furthered the purpose of GCAHT.

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(e) Funds. Subject to the applicable provisions of any instrument or agreement which GCAHT may enter into, which may provide for a trustee or other fiscal agent to receive, have custody of and disburse GCAHT funds, the person appointed by the Board of Directors to perform the treasurer function for GCAHT shall receive, have the custody of and disburse GCAHT funds as nearly as possible in accordance with generally accepted accounting principles, shall make the disbursements required by this Agreement or to carry out any of the provisions or purposes of this Agreement.

Section 8. Amendments and Additional Parties.
(a) This Agreement may not be amended or modified except by a vote of two-thirds of all the Parties through formal action approving such an amendment by the Parties’ respective governing bodies.
(b) No addition to, or alteration of, the terms of this Agreement, whether by written or oral understanding of the parties, their officers, employees or agents, shall be valid or effective unless made in the form of a written amendment which is formally adopted and executed by the Parties in the same manner as this Agreement.

Section 9. Non-Liability for Obligations of GCAHT.
(a) The debts, liabilities, and obligations of GCAHT shall not be the debts, liabilities and obligations of any of the Parties or personal debts, liabilities and obligations or the Directors, officers or employees of GCAHT; provided that a Party may, by an agreement separate from this Agreement, contract for, or assume responsibility for, specific debts, liabilities, or obligations of GCAHT.

1. Indemnification. The GCAHT shall defend, indemnify and hold harmless each Party, its officers, agents, employees, representatives and volunteers (the “Indemnitees”) from and against any loss, injury, claim, lawsuit, liability, expense, or damages of any kind or nature (collectively, “Claims”) brought by a third party which arises out of or in connection with GCAHT’s administration of this Agreement, including such third party claims arising out of or in connection with any Indemnitees acting within their authorized capacity as an officer, agent, employee, representative or volunteer of GCAHT. The GCAHT’s duty to defend and indemnify under this Section shall not extend to Claims otherwise arising out of the Indemnitees’ own active negligence, omissions or willful misconduct, whether in whole or part. The GCAHT shall finance its obligation pursuant to this Subsection by establishing a liability reserve fund, and/or by purchasing commercial insurance, and/or by joining a joint powers insurance authority (JPIA) as determined by the Board. In the event the GCAHT’s financial obligations to indemnify, defend and hold harmless, pursuant to this Subsection, exceed the liability reserve fund and/or the proceeds from any applicable insurance and/or JPIA coverage maintained by the GCAHT (hereinafter “Unfunded Liability”), a Party or Parties may meet and confer with GCAHT in good faith to negotiate alternative means or mechanisms by which GCAHT may fund such Unfunded

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Liability; however, in no event shall the event of an Unfunded Liability relieve, limit or waive GCAHT’s obligations of indemnity or defense to each Party as first set forth above in this Section. Nothing herein shall obligate any Party to indemnify or hold harmless GCAHT for any Unfunded Liability.

2. Assignment. Each Party shall assign to the GCAHT its rights, title, and interest to recover damages from any third party for Claims arising out of this Agreement, to the extent that the GCAHT has met its obligations to defend and indemnify such Party pursuant to this Section.

3. Survival. GCAHT’s duty to defend, indemnify and hold harmless shall survive and continue in full force and effect after withdrawal of any Party from this Agreement, including as to the withdrawing Party, or termination of this Agreement for any reason with respect to any Claims that occurred before the date of such withdrawal or termination.

Section 10. Admission and Withdrawal of Parties.
(a) Admission of New Parties. It is recognized that additional Parties other than the original Parties, may wish to join GCAHT. Any city within the Gateway Cities subregion may become a Party to GCAHT upon such terms and conditions as established by the Board of Directors.

As a condition precedent to becoming a Party more than six months after the Effective Date, an eligible entity may thereafter become a Party to this Agreement; provided that (1) this Agreement is adopted by its governing body and (2) the eligible entity pays a late joining fee.

The late joining fee shall be calculated by totaling the annual fee the eligible entity would have paid under this Agreement had it been a Party in all years prior and up until the Effective Date. Notwithstanding the foregoing, an eligible entity’s late joining fee shall not exceed two times the amount of the applicable annual administrative fee existing at the time it becomes a Party. Payment shall be due within 30 days of receipt of an invoice from GCAHT. (b) Withdrawal from GCAHT. Parties may withdraw from GCAHT at any time upon their governing board’s adoption of a resolution that so states the Party’s intent to leave GCAHT.

The withdrawal of any Party, either voluntarily or involuntarily, unless otherwise provided by the Board of Directors, shall be conditioned as follows:

1. In the case of a voluntary withdrawal, written notice shall be given to GCAHT six months prior to the effective date of withdrawal; and

2. Unless otherwise provided by a unanimous vote of the Board of Directors, withdrawal shall result in the forfeiture of that Party’s rights and claims relating to distribution of property and funds upon termination of GCAHT as set forth in Section 2 above.

Withdrawn members shall not be entitled to any reimbursement of Administrative Fees.

Section 11. Notices.
(a) Notices required or permitted hereunder shall be sufficiently given if made in writing and delivered either personally or by registered or certified mail, postage prepaid, to the

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persons and entities listed herein at the following addresses, or to such other address as may be designated to GCAHT on the Parties signature page for formal notice:

Section 12. Miscellaneous.
(a) Section Headings. The section headings herein are for convenience only and are not to be construed as modifying or governing or in any manner affecting the scope, meaning or intent of the provisions or language of this Agreement. (b) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all together shall constitute but one and the same Agreement.
(c) Laws Governing. This Agreement is made in the State of California under the Constitution and laws of such State and shall be construed and enforced in accordance with the laws of California.
(d) Severability. Should any part, term, portion or provision of this Agreement, or the application thereof to any person or circumstance, be held to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual it shall be deemed severable, and the reminder of this Agreement or the application thereof to other persons or circumstances shall continue to constitute the Agreement the Parties intended to enter into in the first instance.
(e) Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the respective Parties hereto. No Party may assign any right or obligation hereunder without the written consent of a majority of the other Parties.

IN WITNESS THEREOF, the Parties hereto have caused this Agreement to be executed and attested by their duly authorized officers as follows:

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CITY OF CUDAHY
______________________________
BY: JOSE R. GONZALEZ, MAYOR
Dated: ___________________________
ATTEST:
_____________________________________________
RICHARD IGLESIAS, CITY CLERK Date
NOTICE TO CITY TO BE GIVEN TO:

CITY MANAGER

CITY OF CUDAHY
5220 SANTA ANA STREET
CUDAHY, CA 90201
(323) 773-5143
APPROVED AS TO FORM:

By: __________________________________________
STEPHANIE ARECHIGA, CITY ATTORNEY Date

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TRUST JOINT POWERS AUTHORITY BY-LAWS
Gateway Cities
Affordable Housing Trust
Bylaws
Approved by the
Gateway Cities Affordable Housing Trust Board of Directors On May 4, 2023
Attachment B Page 295 of 435
Table of Contents
Part 1 – Introduction to the Gateway Cities Affordable Housing Trust................................. 1 Establishment............................................................................................................................ 1 GCAHT Guiding Vision and Mission ..................................................................................... 1 GCAHT Guiding Principles..................................................................................................... 1 Part 2 – Bylaws of the Gateway Cities Affordable Housing Trust........................................... 2 ARTICLE I - Name .................................................................................................................. 2 ARTICLE II – Board of Directors.......................................................................................... 2 Section A: GCAHT Board of Directors .............................................................................. 2 Section B: Selection of Advisory Board Members ............................................................ 3 Section C: Terms and Vacancies ......................................................................................... 3 ARTICLE III – Duties of Officers and Board Members...................................................... 3 Section A: Duties of the Board of Director Members: ...................................................... 3 Section B: Formation of Subcommittees............................................................................ 3 ARTICLE IV – Meetings......................................................................................................... 4 Section A: Regular Meetings................................................................................................ 4 Section B: Special Meetings ................................................................................................. 4 Section C: Voting on Project Funding ............................................................................... 4 Section D: Voting on Amending GCAHT’s Bylaws, Principles, or Procedures ............. 4 Section E: Minutes ............................................................................................................... 4 Section F: Meeting Procedure.............................................................................................. 4 Section G: Location of Meetings ......................................................................................... 4 ARTICLE V – GCAHT Board Code of Conduct.................................................................. 5 Section A: Compliance with Policies ................................................................................... 5 Section B: Conflicts of Interest ........................................................................................... 5 Section C: Confidentiality ................................................................................................... 5 Section D: Gifts or Honoraria ............................................................................................. 5 Section E: Harassment ........................................................................................................ 6 Section F: Laws and Regulations........................................................................................ 6

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Part 1 – Introduction to the Gateway Cities Affordable Housing Trust
Establishment
On January 4, 2023, the Gateway Cities Council of Governments approved the formation of the Gateway Cities Affordable Housing Trust (“GCAHT” or “Trust’). The Trust is a joint powers agency, which may do any of the following: (1) fund the planning and construction of affordable housing of all types and tenures for persons and families of extremely low, very low, low, and moderate income as defined in Section 50093 of the Health and Safety Code; (2) receive public and private financing and funds; and (3) authorize and issue bonds, certificates of participation, or any other debt instrument repayable from funds and financing received and pledged by the Trust.

The Trust may consist of any of the cities within the Gateway Cities Council of Governments, which is a joint powers agency representing a subregion of Los Angeles County.

The GCAHT was established on February 14, 2023, by the execution of the Joint Exercise of Powers Agreement (the “Agreement”) by and between the Cities of Artesia, Paramount, and Lakewood (collectively, the “Cities”). These Bylaws were adopted by GCAHT’s Board of Directors and provide for the organization and administration of GCAHT. These Bylaws supplement the Agreement.

GCAHT Guiding Vision and Mission
A Steering Committee consisting of staff from various cities within the boundaries of the Trust along with individuals representing Los Angeles County, affordable financing, and affordable developers met on three separate occasions to discuss and recommend various governance, policy, and a guiding vision and mission as follows:

The vision of the Gateway Cities Affordable Housing Trust is to secure funding for the region that will increase the production of affordable housing and provide safe and quality homes for lower and moderate-income individuals and families.

The mission of the Gateway Cities Affordable Housing Trust is to finance the development of affordable housing in the region and thereby increase the supply of housing to lower and moderate-income individuals and families.

GCAHT Guiding Principles
The guiding principles of the GCAHT:

1. Implement the findings and declarations of the Agreement.

2. Provide funding based on principles of fiscal responsibility and demonstrated value to the taxpayer and funder.

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3. Retain local control and the ability for local governments to use GCAHT funding for housing solutions when needed, or to participate within the region as a whole.

4. Demonstrate accountability and transparency for members of the Agreement and the public.

5. Promote public-private partnerships, nonprofit collaborations, and community building to maximize sources of public and private funds, when available, and to efficiently accelerate housing for moderate, low, very low and extremely low-income individuals and families.

6. Provide opportunities to strengthen local partnerships and increase capacity of local cities and agencies engaged in fulfilling housing goals.

7. Commit to innovation and best practices in financing, production, and service delivery in supportive housing.

8. Serve the region’s needs geographically by (1) extremely low, very low, low, and moderate income, and supportive housing types and (2) by population.

9. Foster collaborative planning to allow for project prioritization and establish a pipeline of projects.

10. Provide access to funding to ensure that the Gateway Cities subregion receives the maximum benefit for the resources provided.

11. Incorporate County’s Coordinated Entry System in conjunction with the cities’ locally driven protocols to ensure that the developed housing resources has appropriately targeted and prioritized eligible homeless populations for each project.

Part 2 – Bylaws of the Gateway Cities Affordable Housing Trust ARTICLE I - Name
The name of this entity shall be the “Gateway Cities Affordable Housing Trust” or “GCAHT” in these Bylaws.

ARTICLE II – Board of Directors
Section A: GCAHT Board of Directors

1. All members of the Board of Directors must be from a member city that is a party to the Agreement and shall be appointed as set forth in the Agreement.

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2. Each of the nine (9) voting members of the Board of Directors of GCAHT shall be entitled to one (1) vote on the Board.

Section B: Selection of Advisory Board Members
An Advisory Board may be appointed by the Trust Board consisting of various government staff, persons with housing development, housing services, finance, and development expertise.

All Advisory Board members are entitled to attend all GCAHT regular and special meetings and to fully participate in such meetings but shall not constitute voting members of the Board.

Advisory Board members need not be elected officials.

Section C: Terms and Vacancies

1. Board of Directors: As set forth in the Agreement, terms of office for members of the Board of Directors shall be for two (2) years. A Board of Director’s seat shall be deemed vacant if he or she leaves elected office, or if his or her appointing body removes him or her. Upon a vacancy, the appointing body shall be notified and shall attempt to fill the vacancy within sixty (60) days of the vacancy occurring.

2. Advisory Board: Terms of office for members of the Advisory Board shall be for two (2) years.

An Advisory Board member’s seat shall be deemed vacant if that member fails to attend three consecutive regular or special meetings. Upon a vacancy, the Trust Board shall be notified and shall attempt to fill the vacancy within sixty (60) days of the vacancy occurring.

ARTICLE III – Duties of Officers and Board Members
Section A: Duties of the Board of Director Members:

1. Meet when called by the Chair to plan and coordinate the business and proposed activities of GCAHT;

2. Review and consider applications for project funding;

3. Review and consider GCAHT’s financial information, including the Annual Financial Report, any related independent audit, and the GCAHT’s annual budget; and

4. Serve on subcommittees or task forces when appropriate.

Section B: Formation of Subcommittees
The Board may create subcommittees or task forces to accomplish the goals and purposes of GCAHT.

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ARTICLE IV – Meetings
Section A: Regular Meetings
Regular meetings of GCAHT’s Board shall be held once every two (2) months, unless otherwise called by the Chair. Meeting notice, agenda, and public comment procedures shall comply with the provisions of the Ralph M Brown Act. The Clerk of the Board shall prepare meeting agendas and handle noticing requirements.

Section B: Special Meetings
Special meetings of GCAHT may be held at any time upon call of the Chair, provided that the special meetings’ noticing, and agenda complies with the Ralph M. Brown Act.

Section C: Voting on Project Funding
As set forth in the Agreement, every act or decision done or made by a majority of the Directors present at any meeting at which a quorum is present shall be the act of the Board of Directors.

However, the Board should strive to attain a unanimous decision on all projects which receive funding from GCAHT.

Section D: Voting on Amending GCAHT’s Bylaws, Principles, or Procedures

1. Amendments to GCAHT’s Bylaws, Principles or Procedures shall be considered at a regular meeting and shall comply with the Ralph M. Brown Act.

2. An amendment to these Bylaws must be approved by a majority vote of the Board of Directors.

Section E: Minutes
The Clerk of the Board shall take minutes for GCAHT. A previous meeting’s minutes shall be considered and approved at a subsequent meeting by a majority vote of the Board of Directors.

Section F: Meeting Procedure
The conduct of meetings shall be guided by Robert's Rules of Order (most recent published edition) where the question at issue is not determined by these Bylaws.

Section G: Location of Meetings
The Board must meet in publicly accessible places typical for hosting public meetings, such as Council Chambers or city community rooms.

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ARTICLE V – GCAHT Board Code of Conduct
This GCAHT Board Code of Conduct represents GCAHT’s commitment to high standards of ethics, public service, collegiality, and transparency. The following standards should be regarded as minimum expectations for conduct. GCAHT Board Members will act in accordance with and maintain the highest standards of professional integrity, impartiality, diligence, creativity, and productivity. GCAHT will act in accordance with applicable federal, state, and local laws and regulations.

Section A: Compliance with Policies
Members of the Board of Directors and Advisory Board will conduct the GCAHT business in accordance with the Agreement, these Bylaws, and all adopted policies, including conflict of interest policies.

Section B: Conflicts of Interest

1. The Board of Directors may not have a conflict of interest as determined by the California Political Reform Act (the “Act”), inclusive of the Levine Act, California Government Code section 81000, et. seq., and the regulations promulgated to effectuate the Act. Nor shall the Board of Directors have a conflict of interest under California Government Code section 1090.

2. Members of the Board of Directors are required to file a Statement of Economic Interest (Form 700) in the disclosure category as designated on the GCAHT Conflict of Interest Code.

Section C: Confidentiality
Members of the Board of Directors and Advisory Board must maintain the highest standards of confidentiality regarding information obtained directly or indirectly through their involvement with the GCAHT. This includes but is not limited to information about applications for funding, GCAHT members and their organizations and funded agencies. Members must also avoid inadvertent disclosure of confidential information through casual public discussion, which may be overheard or misinterpreted. Notwithstanding the foregoing, the GCAHT recognizes that excepting such confidential information which must be carefully preserved, the conduct of its business shall be open and transparent in accordance with the Ralph M. Brown Act and the California Public Records Act.

Section D: Gifts or Honoraria
It is not permissible for members of the Board of Directors and Advisory Board to offer or accept gifts, gratuities, excessive favors, or personal rewards intended to influence GCAHT decisions or activities.

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Section E: Harassment
Harassment, interpreted as unwelcome conduct, comment, gesture, contact, or intimidating and offensive behavior likely to cause offense or humiliation, will not be tolerated and may result in disciplinary measures up to and including removal from GCAHT Board.

Section F: Laws and Regulations
GCAHT business will be conducted in a manner that reflects the highest standards and in accordance with all applicable federal, state, and local laws and regulations.

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GCAHT BOARD OF DIRECTOR’S LIST
Gateway Cities Affordable Housing Trust
Board of Directors
Current members of the Trust Board are listed below:

1. Chair Fernando Dutra City of Whittier

2. Vice Chair Salvador Melendez City of Montebello

3. Board Member Jeff Wood City of Lakewood

4. Board Member Kevin Lainez City of Commerce

5. Board Member Megan Kerr City of Long Beach

6. Board Member Ana Maria Quintana City of Bell

7. Board Member Edward Wilson City of Signal Hill

8. Board Member Carol Averell Housing Manager Southgate

9. (Vacant) (Another Housing Experienced Person)
Attachment C Page 303 of 435
Blank Page

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
01/16/2024 Page 1 of 2

STAFF REPORT
Date: January 16, 2024
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager
By: Brenda Rodriguez, Community Services Director
Subject: Consideration to Authorize the City Manager to Enter into a Memorandum of Understanding “MOU” Between the City of Cudahy and Elizabeth Learning Center

RECOMMENDATION
The City Council is recommended to authorize the City Manager to enter into a Memorandum of understanding (“MOU”) between the City of Cudahy and Elizabeth Learning Center.

BACKGROUND

1. Elizabeth Learning Center is a K-12 public school under the Los Angeles Unified School District (LAUSD)

2. The City has an established relationship with ELC in providing students with community services / internship opportunities

3. Council as a part of the strategic plan asked staff to look for formal internhips opportunities with its local high school

4. ELC has a formal internship class for school year 2023-2024. ELC reached out to the city to serve as an internship location for its high school internship class.

ANALYSIS
LAUSD provided the attached proposed MOU to the City formalizing a partnership to create internship opportunities between ELC’s Information-Technology Academy and the City. The MOU sets a general overview of the partnership. The internship program details will be developed and formalized by ELC and the City upon approval of this MOU. Council will be Item Number
14E

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
01/16/2024 Page 2 of 2

updated when the formal internship program has been established and ready for implementation. Students are expected to receive the necessary soft and hard skills needed to develop professionally and learn about the public service profession as well as be compensated at no cost to the City.

CONCLUSION
If approved the City Manager will be authorized to execute this MOU on behalf of the City. Staff will then move forward with developing the internship program with ELC staff.

FINANCIAL IMPACT
There is no financial impact by executing this MOU. There is an allocation in the 23-24 budget for internships. This funding would be used for necessary materials, if any.

STRATEGIC PLAN CORRELATION
Goal A: Community Services, Programs and Activities for All Ages

ATTACHMENTS
A. MOU between the Los Angeles Unified School District and City of Cudahy

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NO-COST MEMORANDUM OF UNDERSTANDING

BETWEEN

THE LOS ANGELES UNIFIED SCHOOL DISTRICT
CTE Linked Learning Department
AND
City of Cudahy

CONTRACTOR
FOR
General Administrative Clerk Internship
(General Nature of Services)
(“MOU”)

PARTIES

1. The Los Angeles Unified School District (the “District”) is a public school district organized and existing under and pursuant to the constitution and laws of the State of California and with a primary business address at 333 S. Beaudry Avenue, Los Angeles, California 90017.

2. The Career Technical Education and Linked Learning Department is a District Office (the “Office”) at 333 S. Beaudry Avenue, Los Angeles, California 90017.

3. CONTRACTOR NAME: City of Cudahy
TYPE OF BUSINESS City Government
POINT OF CONTACT:

NAME: Brenda Rodriguez
TITLE: Community Service Director
ADDRESS 5220 Santa Ana St., Cudahy, CA 90201
TELEPHONE: 323-773-5143 Extension 236
FAX:

E-MAIL: [email protected]
PROF LICENSE# N/A

PURPOSE

4. The purpose of this memorandum of understanding is to:

Formally establish a partnership between the City of Cudahy and Elizabeth Learning Center (ELC) to create internship opportunities for students who are enrolled in the Information Technology Academy, specifically in the Entrepreneurship pathway and the Software and Systems Development pathway. This partnership will provide students the opportunity to develop positive work habits, attitudes, and job readiness skills through general work experience. The internship will allow students to hon various soft skills and hard skills learned in the academy and will allow students to help develop skills necessary to meet present and future employment needs.

DUTIES

5. The district, acting through the School - ELC, (or District Office, as appropriate), will perform the following Attachment A Page 307 of 435
duties:

5.1 Manage the employment process with LAUSD Personnel Commission and compensation for student’s participation in the internship.

5.2 Provide the employees from the City of Cudahy who will be supervising the participating students (the “Worksite Supervisors”) at The City of Cudahy, 5220 Santa Ana St., Cudahy, Ca 90201 (The “Worksite”) with Los Angeles Unified School District program-related policies, including the Code of Conduct with Students. (Attachment A)

5.3 Verify by doing a walk-through of the Worksite that the worksite follows requirements in the Worksite Checklist. (Attachment B)

5.4 Provide orientation to the Worksite Supervisors.

5.5 Ensure Worksite Supervisors adhere to the authorized work hours for working minors.

5.6 Ensure Worksite Supervisors adhere to the California and federal Child Labor Laws (Maximum hours, breaks, etc.) and pay any penalties for violating Federal Child Labor Laws.

5.7 Verify that all minors under the age of 18 have a valid work permit.

5.8 Provide participating students with orientation to familiarize the participating students with their duties, workhours, worksite expectations and what to do in case of an emergency and evacuation procedures are in place.

5.9 Verify Worksite Supervisor is appropriately supervising participating students are all times and ensure participating students are provided a clear line of supervision and accountability.

5.10 Review information from Worksite Supervisor regarding participating students’ performance. Prepare the Performance Evaluations monthly, discuss monthly evaluation with the participating students, and provide additional guidance to Worksite Supervisor and student if any improvements are needed.

5.11 Discuss with the Worksite Supervisor any problems or conflicts that may arise from the participating student’s job performance as part of the monthly Performance Evaluation. Work with the Worksite Supervisor to resolve problems as they arise.

5.12 Maintain accurate timesheet records for participating students, verify hours, and ensure that timesheets are signed by the participating student and the Worksite Supervisor prior to payment. If a participating student’s timecard is altered, changes, or corrections are initialed by the Worksite Supervisor and the participating student.

5.13 Collect timesheets of the participating students in a timely manner. Issue paychecks to the participating students according to verified time records and agency payroll procedures.

6. The Contractor will perform the following duties:

6.1 Host interns to receive work experience through task that include but are not limited to data research and entry and event marketing. The interns would be considered Administrative Clerk and thus the duties of

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an admin clerk would be performed. City Hall Supervisor would oversee all supervisory duties and keeping track of any remote deliverables (ex. Flyer creation, social media posts) assigned to interns.

6.2 Worksite Supervisor will provide feedback on time sheets on forms that district creates and approve the hours students work by the due dates provided by the district.

6.3 Worksite Supervisor will work collaboratively with the district in providing information for performance evaluations and provide age-appropriate supervision to participating students.

6.4 Worksite Supervisor will assist the district so that the district can fulfill its duties.

TERM

7. The MOU shall be effective for Five year/s (maximum of five years) from the date the last party signs.

Either party may terminate this MOU for any reason at any time upon reasonable notice to the other party.

GENERAL PROVISIONS

8. LIABILITY The District shall not be liable to the Contractor for personal injury or property damage sustained by the Contractor in the performance of this MOU whether caused by the District, its officers, employees, or by third persons.

9. INDEPENDENT CONTRACTOR While engaged in performance of this MOU the Contractor is an independent contractor and is not an officer, agent, or employee of the District. Contractor is not entitled to benefits of any kind to which District’s employees are entitled, including but not limited to unemployment compensation, worker’ compensation, health insurance and retirement benefits. Contractor assumes full responsibility for the acts and/or omissions of Contractor’s employees or agents as they relate to performance of this MOU. Contractor assumes full responsibility for workers’ compensation insurance, and payment of all federal, state and local taxes or contributions, including but not limited to unemployment insurance, social security, Medicare and income taxes with respect to Contractor and Contractor’s employees. Contractor warrants its compliance with the criteria established by the U.S. Internal Revenue Service (I.R.S.) for qualification as an independent contractor, including but not limited to being hired on a temporary basis, having some discretion in scheduling time to complete contract work, working for more than one employer at a time, and acquiring and maintaining its own office space and equipment. Contractor agrees to indemnify District for all costs and any penalties arising from audits by state and/or federal tax entities related to services provided by Contractor’s employees and agents under this MOU.

10. CONFLICT OF INTEREST Contractor represents that Contractor has no existing financial interest and will not acquire any such interest, direct or indirect, which could conflict in any manner or degree with the performance of services required under this MOU and that no person having any such interest shall be subcontracted in connection with this MOU, or employed by Contractor. Contractor shall not conduct or solicit any non-District business while on District property or time.

10.1 Contractor will also take all necessary steps to avoid the appearance of a conflict of interest and shall have a duty to disclose to the District prior to entering into this MOU any and all circumstances existing at such time which pose a potential conflict of interest.

10.2 Contractor warrants that it has not directly or indirectly offered or given, and will not directly or indirectly offer or give, to any employee, agent, or representative of District any cash or noncash gratuity or payment with view toward securing any business from District or influencing such person

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with respect to the conditions, or performance of any contracts with or orders from District, including without limitation this MOU. Any breach of this warranty shall be a material breach of each and every contract between District and Contractor.

10.3 As a condition of this MOU, Contractor agrees to comply with the District’s “Contractor Code Of Conduct,” which is incorporated herein by this reference as if attached hereto.

10.4 Should a conflict of interest issue arise, Contractor agrees to fully cooperate in any inquiry and to provide the District with all documents or other information reasonably necessary to enable the District to determine whether or not a conflict of interest existed or exists.

10.5 Failure to comply with the provisions of this section shall constitute grounds for immediate termination of this MOU, in addition to whatever other remedies the District may have.

11. EQUAL EMPLOYMENT OPPORTUNITY It is the policy of the District that, in connection with all work performed under District agreements, there shall be no discrimination against any employee or applicant for employment because of race, color, religious creed, national origin, ancestry, marital status, sex, sexual orientation, age, disability or medical condition and therefore the Contractor agrees to comply with applicable federal and state laws. In addition, the Contractor agrees to require like compliance by all subcontractors employed on the work.

12. GOVERNING LAW The validity, interpretation and performance of this MOU shall be determined according to the laws of the State of California.

13. FINGERPRINTING The Contractor shall comply with the requirements of California Education Code Section 45125.1, and perform the following acts:

13.1 Require all current and subsequent employees of Contractor who may enter a school site during the time that pupils are present to submit their fingerprints in a manner authorized by the California Department of Justice (the “CDOJ”);

13.2. Prohibit employees of Contractor from coming into contact with pupils until the CDOJ has ascertained that the employee has not been convicted of a felony as defined in California Education Code Section 45122.1;

13.3 Certify in writing to the District that neither Contractor nor any of Contractor’s employees who may enter a school site during the time that pupils are present have been convicted of a felony as defined in California Education Code Section 45122.1 and provide such certification to the District administrator for this MOU; and

13.4 Provide, to the District administrator for this contract, a list, by District school site, of the names of Contractor’s staff (agents and employees) who may have contact with District pupils in the course of Contractor’s performance under this MOU. Contractor commits to notify the District at least annually of changes to Contractor’s list of staff to have pupil contact.

13.5. The District may require the Contractor and its employees who may have contact with pupils to submit to additional background checks at the District’s sole and absolute discretion.

14. TUBERCULOSIS TESTING Contractor will prohibit any agent or employee of Contractor from entering a District school site until Contractor has submitted to a tuberculosis risk assessment. If tuberculosis testing is warranted, Contractor agent or employee shall not enter a school site until Contractor has received, for that agent or employee, the “certificate” described in California Education Code §49406(d), showing the agent

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or employee to be free from infectious tuberculosis and dated within the sixty (60) days prior to the agent’s or employee’s first entry onto a District school site and will require an updated “certificate” every four years thereafter while that employee is continuously employed by Contractor or that agent is continuously retained by, or otherwise represents, Contractor.

15. INSURANCE Contractor shall, at his, her, or its sole cost and expense, maintain in full force and effect, during the term of this MOU, the following insurance coverage from a California licensed insurer with an A minus (A-), VII, or better rating from A.M. Best, sufficient to cover any claims, damages, liabilities, costs and expenses (including counsel fees) arising out of or in connection with Contractor's fulfillment of any of its obligations under this MOU or either party's use of the Work or any component or part thereof:

15.1 Commercial Form General Liability Insurance, including both bodily injury and property damage, along with abuse and molestation, with limits as follows:
$1,000,000 per occurrence
$ 100,000 fire damage
$ 5,000 med expenses
$1,000,000 personal & adv. injury
$2,000,000 general aggregate

15.2 Business Auto Liability Insurance for owned scheduled, non-owned or hired automobiles with a combined single limit of no less than $1 million per occurrence.

15.3 Workers’ Compensation and Employers Liability Insurance in a form and amount covering Contractor’s full liability under the California Workers’ Compensation Insurance and Safety Act and in accordance with applicable state and federal laws.

Part A – Statutory Limits
Part B - $1,000,000/$1,000,000/$1,000,000 Employers Liability

15.4 Sexual Abuse and Molestation coverage: $1,000,000 per occurrence/$1,000,000 aggregate.

15.5 Contractor shall furnish a certificate of insurance evidencing such coverage to the School as part of this MOU. The certificate of insurance shall include a thirty (30) day non-renewal notice provision.

The policies of insurance providing the coverages referred to in clauses A and B above shall name the District and the Board of Education as additional insureds with respect to any potential tort liability, irrespective of whether such potential liability might be predicated on theories of negligence, strict liability or products liability. Premiums on all insurance policies shall be paid by Contractor and shall be deemed included in Contractor’s obligations under this MOU at no additional charge.

16. INDEMNIFICATION. Contractor shall indemnify and hold harmless the District and the District’s Board Members, administrators, employees, agents, attorneys, and contractors (collectively, “Indemnitees”) against all liability, loss, damage, and expense (including reasonable attorneys’ fees) resulting from or arising out of this MOU or its performance, whether such loss, expense, damage or liability was proximately caused in whole or in part by the negligent or willful act or omission of Contractor, including, without limitation, Contractor’s agents, employees, subcontractors or anyone else directly or indirectly employed by Contractor.

17. CONFIDENTIALITY. To the extent that Contractor may gain access to District records, including, without limitation, information that may personally identify any District student or staff (“PII”), Contractor agrees to maintain the confidentiality of such records and information in accordance with all applicable federal, state and local law and District policy. Accordingly, and without limiting the generality of the last previous

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sentence, Contractor agrees to enter into a District form of data use agreement or other appropriate form of nondisclosure agreement prior to accepting or gaining access to, any PII. Contractor shall inform all of Contractor’s officers, agents, subcontractors, and others involved in Contractor’s performance under this MOU of Contractor’s obligations under this confidentiality provision, in particular. Contractor’s obligations hereunder of confidentiality with respect to District records and information shall survive the expiration or earlier termination of this MOU.
[ALTERNATIVELY:

17. DATA ACCESS AND USE. Contractor’s receipt of District student or employee data under this MOU will be subject to Contractor’s entering into, and execution of, a District Data Use Agreement or other form of non-disclosure agreement, satisfactory to the District in the District’s sole discretion.

Contractor’s receipt, and use, of District student or employee data will be in accordance with the aforementioned data use or other non-disclosure agreement.] IN WITNESS WHEREOF, the parties, acting individually or through their duly authorized officers or representatives, fully understand and execute this Agreement, and agree to be bound by the terms and conditions thereof:
-DISTRICTBY
__________________________________

NAME: ______________________________
POSITION:
___________________________
Dated
________________________________
-CONTRACTORBY
__________________________________
NAME: ______________________________
POSITION:
___________________________
Dated _______________________________

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RECOMMENDATION
The City Council is recommended to approve the application to rename the Clara Park Expansion Soccer Field.

BACKGROUND AND ANALYSIS
In 2021, an LAFC fan group passionate about soccer, the Southeast Los Angeles community and child development in sports approached the City to explore ways to honor a recently deceased member of its fan group. It was agreed that it would be appropriate to honor the deceased member by naming the Clara Park Expansion Soccer Field in his honor.

To approve this action, a formal application must be submitted and approved by Council. The group submitted this application on October 2023. Typically, an application would be recommended for approval by the Parks and Recreation Commission. However, as it currently has five vacancies, the application was reviewed by staff.

Staff concluded that the application follows procedure and therefore recommends that the Council approve the renaming application.

The current soccer field is currently unnamed and the proposed renovated field has no proposed name. Expansion Park is currently in the process of renovations and no other applications for naming Clara Park expansion have been submitted. Additionally, staff would combine the naming of Clara Park Expansion soccer field to align with the grand opening of the park once renovations are completed.

Item Number
14F

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CONCLUSION
Staff recommends that the City Council approve the facility renaming application, renaming Clara Expansion Park Soccer Field.

STRATEGIC PLAN CORRELATION
Goal E (City Infrastructure and Service Delivery)
Goal F Communication and Outreach

FINANCIAL IMPACT
No financial impact

ATTACHMENTS
A. Submitted Facility Renaming application.

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5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773-5143
www.cityofcudahy.com
Incorporated November 10, 1960

PARK NAMING APPLICATION
Please complete all questions below. Return completed applications to the city clerk’s office.

1. Information of individual or organization requesting the renaming.

Name _____________________________________________________________ Organization________________________________________________________ Address_____________________________ City______________ State________ Zip Code______________ Phone Number________________________________ E-Mail_____________________________________________________________

2. Current name of park/center (if applicable) and location of park/center to be named/renamed.
___________________________________________________________________________ ___________________________________________________________________________

3. Proposed name of park/center. If the proposed name of the park/center includes a person’s name, the person or authorized designee must provide authorization for the City to conduct a background check.
___________________________________________________________________________ ___________________________________________________________________________

4. Request Type
Օ Naming of a newly constructed facility
Օ Naming of an existing facility previously unnamed
Օ Renaming of an existing facility

5. Facility Type
Օ Park, or recreation space
Օ Building or facility
Օ Other public facility (Please explain) _______________________________________

6. Please indicate below which criteria will be met with the proposed name (please check all that apply):

Օ Historic Names.

Օ Places and Feature Names.

Օ Individuals, Groups, or Organizations.

Օ Donations and Sponsorships.

7. Describe the process involved in choosing the proposed name and what type of public involvement was used.

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5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773-5143
www.cityofcudahy.com
Incorporated November 10, 1960
___________________________________________________________________________ ___________________________________________________________________________

8. Does the proposed park name include the name of a person who has been deceased at least 36 months?
Օ Yes
Օ No

9. Please provide the following information regarding the proposed individual to be honored (if applicable)
Օ Biographical information:
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Օ Civic involvement:
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Օ Connection to the facility:
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Օ Reason for Nomination:
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________

10. Describe how the name will be particularly suitable for the park or recreational facility based on the location or history of the park, facility, or surrounding neighborhood. ___________________________________________________________________________ ___________________________________________________________________________

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11. Describe the potential impact of changing the current name of the park. Include how the proposed name will be received by individuals that have a history or long-term association with this park.
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Additional Information: Please attach any additional information to be considered in the evaluation of the naming request.
---------------------------------------------- For staff use only ---------------------------------------------- Received by: _______________________ Date Received: _____________________ Application Complete: Yes or No
---------------------------------------------------- Staff Review ---------------------------------------------------- Staff Review by: ____________ Approved: Yes or No (Reason Below) Reason:____________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ----------------------------------------------- Commission Review ---------------------------------------------- Approved: Yes or No (Reason Below)
Reason: ____________________________________________________________________ -------------------------------------------------- Council Review ------------------------------------------------- Approved: Yes or No (Reason Below)
Reason: ____________________________________________________________________

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Blank Page

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
01/16/2024 Page 1 of 4

STAFF REPORT
Date: January 16, 2024
To: Honorable Mayor/Chair and City Council/Agency Members From: From: Alfonso Noyola, City Manager/Executive Director By: Aaron Hernandez-Torres, P.E., Public Works Director Subject: City of Cudahy Capital Improvement Program (CIP) Update FY2024-2028

RECOMMENDATION
It is recommended that the City Council approve the proposed City of Cudahy Capital Improvement Program (CIP) Update for Fiscal Years FY2024-2028

BACKGROUND

1. On January 10, 2023, Cudahy City Council approved the Capital Improvement Program (CIP) for Fiscal Years 2023-2028.

ANALYSIS
By direction of the City Council (Council) and the City Manager, City staff updates and maintains a Five-Year CIP in conjunction with the annual budget cycle. Included in the CIP are construction projects, street and transportation projects, facility improvements, park improvements and other special projects. Utilizing input from the Council, City Manager, staff and the public, provided various projects were developed and proposed in this Update of the CIP.

CIP Infrastructure Projects have been classified into ten categories: Street Improvements, Active Transportation, Traffic Engineering, Bridge, Environmental/ Green Projects, Energy Efficiency, Parks & Recreation, City Facilities, Art and Beautification, and Information Technology. The Construction CIP are projects concerning major infrastructure or specific improvements. Non-Construction or Non-Infrastructure projects such as engineering studies or plans are not part of this CIP update, but they are included in the City’s Budget.

This CIP Update document was developed by incorporating input from the Council and key management team members, based on community comments and feedback received Item Number
14G

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throughout the year. City staff in close coordination with the City Manager Office, identified and evaluated community needs in the different areas and project categories listed above. Each proposed project was reviewed and discussed to ensure funding, timing, and necessity were appropriately addressed. All projects were evaluated by to ensure consistency with the City’s Strategic Implementation Plan, while considering the City’s long-term vision as developed by the Council and management team.

Projects in this document have been scheduled in each of the five fiscal years based on the community needs, city facilities deferred maintenance and availability of funding. Additionally, since many projects in the CIP are conceptual in nature, the general outline for cost estimated provided in the last year’s CIP document was revised as shown on the CIP summary reports.

The proposed FY2024-2028 Capital Improvement Program (CIP) Update identified a total of 50 projects, new, active, and future projects, totaling $78,544,238. There are 12 projects completed during the previous FY 2022/2023. The new, active, and future projects have been identified as necessary infrastructure for the City and will require that funding sources be identified before the project can commence. The CIP funded amount is $41,101,038 (52% of the total CIP budget) while the funding sources to be identified includes the amount of $37,443,200 (48% of the total CIP budget). Other key elements to the CIP are:

Projects completed during the last year (FY2022/2023) include:
• Cudahy Utility Cabinets Beautification Project (ABP-004) • Wilcox Avenue Complete Streets (SRTS) Project (ATP-000) • Cudahy Citywide Tree Planting Project (EGP-002)
• Local Roadway Safety Plan (LRSP) Cudahy Citywide (ESP-003) • Financial Reporting System (ITI-001)
• Technology Replacement & Enhancement Fund (ITI-002)
• Website and Social Media Management (ITI-003)
• Mobile Citywide Audio-Visual Project (ITI-004)
• Clara and Lugo Park Marquee Sign Project (PRE-008)
• Cudahy Citywide Curb Address Painting Project 2023 (STR-011) • Atlantic Avenue Traffic Signal Cameras (VDS) Project (TRE-001) • Atlantic Avenue Traffic UPS (Battery Back-Up) Project (TRE-007) The following include the most relevant Ongoing/ Active Projects:
• Cudahy Los Angeles River Area Improvement Project (ABP-001) • Cudahy Citywide Sidewalk Maintenance Project (ATP-001) • City Successory Agency Properties Environmental Plan (EGP-001) • Cudahy Efficiency and Renewable Energy Project – SIEMENS Prpject (ENE-001) • Cudahy Park Rehabilitation Project (PRE-001)

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• Clara Expansion Park Rehabilitation Project (PRE-004) • Lugo Park Soccer Field Rehabilitation Project (PRE-005) • Cudahy Complete Streets Improvement Project – Atlantic Improvements (STR-001) • Public Works Street Maintenance Project (STR-010)
• Salt Lake Avenue Pedestrian Safety Enhancement Project (TRE-001) • City Facilities Exterior Doors Renovation Project (CIF-007) The following include the most relevant New/ Future Projects:
• Salt Lake Avenue Pedestrian Accessibility Project (ATP-003) • WSAB Trolley Bus Project (ATP-008)
• New City Yard Project (CIF-003)
• Cudahy Dog Park Project (CIF-004)
• City Hall Garage conversion Project (CIF-006)
• Cudahy Electric Vehicle Charging Station Project (EGP-004) • City Facilities Video Surveillance System (ITI-006)
• Clara Street Park Rehabilitation Project (PRE-003)
• Lugo Park Teen Center Rehabilitation Project (PRE-006) • Lugo Park Fitness Center Rehabilitation Project (PRE-009) • Wilcox Avenue Street Improvement Project (STR-004)
• Cudahy Citywide Signal Improvement Project – HSIP Cycle 11 (TRE-009) Additionally, there are 5 projects that have been combined with other projects in this CIP Update:
• Cudahy Citywide Monument Sign Project (ABP-001)
• Cudahy Citywide Pedestrian Signal Head Project (ATP-004) • Cudahy Citywide Pedestrian Crosswalk Improvement Project (ATP-005) • Bill Green Sports Complex Rehabilitation Project (PRE-002) • Turner Hall Rehabilitation Project (PRE-007)

CONCLUSION
City Staff recommends approving the proposed City of Cudahy Capital Improvement Program (CIP) Update for Fiscal Years FY2024-2028

STRATEGIC PLAN CORRELATION
Goal E (City Infrastructure and Service Delivery)

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FINANCIAL IMPACT
The proposed City of Cudahy Capital Improvement Program (CIP) Update for Fiscal Years FY2024-2028 is consistent with the approved current City Budget and the identified funding sources in the amount of $41,101,038 will be programmed within the following Fiscal Years per the CIP funding schedule. Accordingly, new funding sources will also be incorporated to future city budgets as funds become available.

ATTACHMENTS
A. Cudahy 5-Year CIP 2024-2028 (2024 Update)

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CAPITAL IMPROVEMENT BUDGET
Fiscal Year 2024
2024 UPDATE

CAPITAL IMPROVEMENT PROGRAM
Fiscal Years 2024-2028
City of Cudahy, California
5220 Santa Ana Street
Cudahy, CA 90201
Attachment A Page 323 of 435
``

TABLE OF CONTENTS
FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) - FISCAL YEARS 2024-2028 Public Works Department - Engineering Division
City of Cudahy, California
CAPITAL IMPROVEMENT PROGRAM (2024 UPDATE)
Fiscal Years 2024-2028

TABLE OF CONTENTS
Introduction …………………………………………………………………….……………………………………………………………………………….3 The CIP Process ………………………………………………………………………..………………………………………………………………………7 Funding Sources ……………………………………………………………………………………………………………………………………………..13 CIP by Project Detail ………………………………………………………………………………………………………………………….……………19 CIP by Department ………………………………………..……………………………………………………………………………………………....90 CIP by Category ……………..…………………………………………………………………………………………………………………….…….....93 CIP by Category and Department ……………………….……………………………………………………………………………..…………..96 CIP by Funding Source ..…………………………………………………………………………………………………………………………..……100 CIP by Project Listing …….………………………………………………………………………………………………………………………..…….106 CIP Summary ………………………………………………………………………………………………………………………….………..…………..109 Glossary …………………………………………………………………………………………………………………………………………….…………112

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INTRODUCTION
FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) - FISCAL YEARS 2024-2028 Public Works Department - Engineering Division
City of Cudahy, California
CAPITAL IMPROVEMENT PROGRAM (2024 UPDATE)
Fiscal Years 2024-2028

INTRODUCTION

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INTRODUCTION
FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) - FISCAL YEARS 2024-2028 Public Works Department - Engineering Division
Capital Improvement
Program Objectives:
❖ Ensurance of methodical repairs,
replacement and restoring
outdated infrastructure.
❖ Making budgetary assessments
based on current and future
capital needs.
❖ Determining the most feasible and
economical form of fund capital
improvements.
❖ Providing the community a
platform for input on budget and
finances process.
❖ Filter out unexpected, poorly
planned, or unnecessary capital
expenses while avoiding potential
increases in tax, rates, user fee,
ext. to cover the associated
expenses.
❖ Maintain an equilibrium among
favorable public improvements
and the City’s financial resources.

Cudahy City Council and Cudahy Residents,
It is a privilege to present to you the City of Cudahy 5–Year Capital Improvement Program (CIP) 2024-2028 (2024 Update) for your view and consideration. The CIP is developed by applying a comprehensive strategic plan for five years of improvements towards the City’s infrastructure, public facilities, and other capital expenditures greater than $5,000. The CIP 2024 Update consists of fifty (50) Capital Improvement Projects which just above $78.5 million will be invested towards the City’s infrastructure encompassing street, active transportation, traffic engineering, bridge, environmental & green, energy efficiency, parks & recreation, city facilities, art & beautification, and information technology improvements while providing reliable and superior services for current and future prospects.

The CIP funds are allocated in the following ten categories: Street Improvements ($20.23 million), Active Transportation ($7.77 million), Traffic Engineering ($5 million), Bridge ($291 thousand), Environmental/Green ($370 thousand), Energy
Efficiency ($6.15 million), Parks & Recreation ($21.29 million), City Facilities ($11.55 million), Art & Beautification ($4.75 million), and Information Technology ($ 1 million).

The City of Cudahy is laser focused on maximizing its investment by extending the life of its infrastructure with the
implementation of the 5–Year Capital Improvement Program 2024-2028 using all available resources and providing optimal services at a level that the community desires.

We are confident that the CIP assets are sustainable,
responsible, and adds significant value that meets the
expectations of the public.

Alfonso Noyola, ICMA-CM
City Manager

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FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) - FISCAL YEARS 2024-2028 Public Works Department - Engineering Division
``

INTRODUCTION

CITY OF CUDAHY

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Mayor
Jose R. Gonzalez
Vice Mayor
Elizabeth Alcantar
Councilmember
Daisy Lomeli

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INTRODUCTION
FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) - FISCAL YEAR 2024-2028 Public Works Department – Engineering Division

CUDAHY HISTORY
Named for its founder, meat-packing baron Michael Cudahy, who purchased the land known as Rancho San Antonio in 1908 for development. Cudahy began as an agricultural ranch in the late 1800’s. Curiously enough, the land was divided into long and narrow lots which were referred to as “Cudahy Acres,” and were marketed as small ranches. The concept captured the interest of people form the Midwest which captivated them with the idea of owning their won farmland. These farmers became Cudahy’s care settlers in the mid 1920’s.

As industrial development grew in neighboring communities, Cudahy provided residential sites and commercial services to workers.

Cudahy is relatively a young city, having been incorporated on November 10, 1960. Located in the Southeast Los Angeles next to the LA River and 710 Freeway, Cudahy is both a small city and part of a large metropolis. Although it has gone several facelifts over the decades, it is still middle America, a blue-collar city with a small-town feel. It boasts a unique name and a colorful only-inCalifornia history.

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THE CIP PROCESS
FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) - FISCAL YEARS 2024-2028 Public Works Department - Engineering Division
City of Cudahy, California
CAPITAL IMPROVEMENT PROGRAM (2024 UPDATE)
Fiscal Years 2024-2028

THE CIP PROCESS

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THE CIP PROCESS
The Capital Improvement Program (CIP)
The City’s Capital Improvement Program (CIP) 2024-2028 is the roadmap the City of Cudahy uses to execute and manage its capital and infrastructure assets for next five Fiscal Years (FY).

A Capital Improvement Program (CIP) contains all the individual capital projects, equipment purchases, and major studies for a local government, in conjunction with construction and completion schedules, and in consort with financing plans. The plan provides a working blueprint for sustaining and improving the community’s infrastructure. It coordinates strategic planning, financial capacity, and physical development. A CIP stands at the epicenter of a government’s Planning, Public Works, and Finance departments.

The CIP is a working document and should be reviewed and updated annually to reflect changing community needs, priorities, and funding opportunities to ensure that the infrastructure exists to advance the community’s strategic and long-term goals and objectives.

A CIP has two parts – a capital budget and a capital program. The capital budget is the upcoming year’s spending plan for capital items. The capital program is a plan for capital expenditures that extends typically five to ten years beyond the capital budget.

Use of the Capital Improvement Program (CIP)
The Capital Improvement Program is primarily used by local government officials to create a long-term plan for capital improvement projects. It is critically important and one of the major responsibilities for a government entity.

Capital improvement planning helps bridge the gap between the planning process and the budget process. It helps community leaders make good planning choices for the future based on their specific goals and resources.

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THE CIP PROCESS
FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) - FISCAL YEARS 2024-2028 Public Works Department - Engineering Division
Elements of a Capital Improvement Program (CIP)
Capital improvement programs differ between private companies and public organizations, and each local government will have its own unique needs it should detail in its CIP. Each city or state may have specific requirements.

In general, a Capital Improvement Program (CIP) will include the following elements:
• Detailed project description and justification
• Estimated Overall Cost of Each Project
• Estimated Operational & Maintenance Cost for Each Project • Estimated Project Timelines
• Useful Life of Each Project
• Funding Sources
• Project Prioritization
Benefits of a Capital Improvement Program (CIP)
A complete, properly developed CIP delivers the following benefits:
• Synchronizes capital and operating budgets
• Systematically evaluates competing demands for resources based on a prioritization matrix reflecting the entity’s long-term goals and objectives
• Identifies, prioritizes, and optimizes the financing of capital projects o Pay-Go
o Federal and State grants
o Debt financing
• Links strategic and comprehensive plans with fiscal capacity • Informs the public about the government’s investment in infrastructure Features of a Capital Improvement Program (CIP)
The CIP typically includes the following information:
• A listing of the capital projects, equipment, and major studies • A ranking of projects
• A financing plan

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THE CIP PROCESS
FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) - FISCAL YEARS 2024-2028 Public Works Department - Engineering Division
• A timetable for the construction or completion of the project • A project justification
• A classification, itemization and explanation for the project expenditures Capital Improvement Program (CIP) Development
Governments typically follow the following steps when developing a CIP:

Step 1. Organizing the Capital Improvement Plan
CIP Governance - The process begins with deciding to prepare a CIP and Capital budget and designating a lead department, usually the Public Works Department. Although the budget or finance office is involved in the process typically the public works department takes the lead because they have excellent multi-year programs that strategically examine capital projects. As a minimum, the lead department usually includes the major departments with capital facilities – e.g., public works for capital facilities, and parks and recreation for park facilities.

Develop Process, Forms, Criteria, and a Schedule - The next step in preparing the CIP is to develop:
• A CIP budget calendar detailing milestones and dates for the CIP process • Specific forms detailing project proposals
• A prioritization and decision-making matrix for evaluating and selecting capital projects Citizen and Stakeholder Involvement - The CIP budget calendar typically includes the process to involve other city departments and important stakeholders (other capital facilities providers in the area).

Step 2. Identify Projects and Funding Options
We often identify projects from the individual infrastructure systems’ “capital needs studies.” However, in many jurisdictions, neither capital needs studies nor comprehensive infrastructure inventories and condition assessments exist. Nevertheless, it is still possible to put together an effective CIP without them through effective development of the project request forms. The project request forms should designate the funding source(s) available for the project.

Selecting the Projects After the project proposals have been submitted, the CIP department lead evaluates and prioritizes each project, without regard to the funds available. Then, finance staff forecast the amount of unPage 10 Page 332 of 435 ``

THE CIP PROCESS
FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) - FISCAL YEARS 2024-2028 Public Works Department - Engineering Division
earmarked money available. Projects competing for general funds, that is, unearmarked money, are reprioritized based upon the available funds.

The projects are next divided into priority groups — i.e., those which are urgent and for which efforts should be made to find funding; those which should be completed as funds become available, and so on. Projects with existing funding, from enterprise funds, should also be evaluated. The next step is to actually decide on what will be funded.

Step 3. Prepare and Recommend a Capital Plan and Budget The selected projects, plans, timelines, and financing summaries are then compiled and presented for approval to the elected officials. Modern visualization technology helps when presenting this complex, three-dimensional capital improvement plan, with all of its individual capital projects, studies and equipment purchases, in an understandable and user-friendly manner. The governing body may conduct hearings, workshops, and other outreach efforts to insure all stakeholders and interested parties can provide feedback.

Performance indicators and project development milestones should be developed for the recommended capital plan for subsequent reporting purposes. Project management and performance indicator systems are important capital budget implementation tools.

Step 4. Adoption of the Capital Budget
The CIP’s first year becomes the Capital Budget. There are three ways that the projects in the capital budget can be approved:
• Adopt an annual capital budget: This method funds projects only a year at a time with the funds needed for the project for that year.
• Adopt the capital budget with the entire amount for every project approved in that fiscal year, regardless of whether it will be spent that year: In addition, carryover funds for capital projects from one year are usually put into the next year’s budget and approved again by the elected officials. • Approve a bond financing and authorizing the project(s).

Importance of the Capital Improvement Program (CIP)
The Capital Improvement Program (CIP) is a planning and management tool used by local government officials to create a 5-year plan for capital improvements. It is critically important and one of the major responsibilities for a government entity.

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THE CIP PROCESS
FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) - FISCAL YEARS 2024-2028 Public Works Department - Engineering Division
• The CIP helps a community anticipate needs rather than just reacting to problems in the moment. • Planning ahead provides time for leaders to get the necessary resources in place gradually, as opposed to all at once.
• A CIP provides the proper preparation necessary to determine the most economical means of financing a project.
• When prepared collectively, the CIP helps increase “buy-in” among officials and employees, and helps citizens understand its importance.
• The CIP puts the community in position to quickly take advantage of federal or state grant programs and opportunities.

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FUNDING SOURCES

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FUNDING SOURCES
FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) - FISCAL YEARS 2024-2028 Public Works Department - Engineering Division
City of Cudahy, California
CAPITAL IMPROVEMENT PROGRAM (2024 UPDATE)
Fiscal Years 2024-2028
2015 CFP Grant - Call for Projects
Metro allocated discretionary federal, state and local transportation funds to improve all modes of surface transportation. Metro also prepares the Los Angeles County Transportation Improvement Program (TIP). A key component of TIP is the Call for Projects program, a competitive process that distributes discretionary capital transportation funds to regionally significant projects.

ARPA - American Rescue Plan Act
The ARPA funds are intended to provide support to State, Local, and Tribal governments in responding to the impact of COVID‐19 and in their efforts to contain COVID‐19 on their communities, residents, and businesses.

Expenditures are to be used to provide premium pay to individuals performing essential work during the public health emergency, providing grants to eligible employers that have essential worker, for the provision of government services to the extent of the reduction in revenue (i.e. online, property, or income tax) due to the health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency; or, to make necessary investments in water, sewer, or broadband infrastructure.

ATP Grant- Active Transportation Program
Is a competitive statewide program created to encourage increased use of active modes of transportation, such as biking and walking.

CDBG- California’s Annual Federal Allocation Of Community Development Block The purpose of this guide is to assist grant administrators in the day-to-day administration of CDBG projects, provide practical information on how to implement a CDBG project that will meet legal, financial, and program obligations, provide the grant administrator with a simple step-by-step approach for the implementation of CDBG-funded projects, including grant approval, set-up, compliance with applicable requirements, audits and close-out, provide tools to assist in CDBG project implementation.

Clean California Grant – Clean California Local Grant Program (CCLGP) The CCLGP is a statewide program created cleanup an beautify and clean up local streets and roads, tribal lands, parks, pathways, transit centers and other public spaces. Funds are used to help combat continuous excessive trash by litter abatement efforts, state beautification and safety projects and public education campaigns. The monies are to be used to reduce the amount of waste and debris within public rights -of -way, pathways, parks, transit centers, and other public spaces, enhance, rehabilitate, restore, or install measures to beautify and improve public spaces and mitigate the urban heat island effect, enhance public health, cultural connections, and community placemaking by improving public spaces for walking and recreation and to advance equity for underserved communities.

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FUNDING SOURCES
FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) - FISCAL YEARS 2024-2028 Public Works Department - Engineering Division
Cudahy Specified Grant
Legislative allocation fund provided by the state of California for park and recreation.

ECRG Grant – Equitable Community Revitalization Grant
Provides funding for local governments to investigate and clean up brownfields through a competitive process which in return will create healthier, more economically viable and inclusive communities.

Empower Grant
Grant awarded by Siemens to beautify, empower, and celebrate the community of Cudahy through cultural aspects.

Gas Tax
Gas Tax revenues are received on a per capita basis each year pursuant to Sections 2105, 2106, 2107, and 2107.5 of the California Streets and Highways Code. Gas tax revenue is restricted and must be spent on street-related construction and/or maintenance projects.

General Funds
The City’s General Funds generated by taxes, intergovernmental revenues, licenses/permits, fees, and fines.

HSIP Grant - Highway Safety Improvement Program
The Highway Safety Improvement Program (HSIP) is a federal aid program that helps reduce traffic fatalities and serious injuries on all public roadways including non-state owned roads. The HSIP provides more than 2 billion dollars each year for the implantation on highway safety improvement projects and is valuable resource for agency’s safety management. HSIP required a data-driven and strategic approach to improve highway safety o all public roads that focus on performance. Funds are apportioned by formula to the State of California and split 50/50 between State and Local Road Programs.

LSRP Grant - A Local Road Safety Plan Grant
Provides funds for local and rural roads to address unique highway safety needs in the city’s jurisdictions while contributing to the success of the Strategic Highway Safety Plan. The process of preparing an LRSP creates a framework to systematically identify and analyze safety problems and recommend safety improvements.

Measure A
Measure A is funded by property taxes and the amount of funds available each year is determined after all taxes are collected for the year. Measure A provides funds through annual allocations, competitive grants, and other programs. Annual Allocation grant programs use a formula to provide funds to identified public agencies on an annual basis.

Measure A Local Allocation
Are funds that are allocated from an annual special tax on property within Los Angeles County Measure A which funds are distributed into seven funding categories. Each funding category supports specific funding programs, one of them being Annual Allocations for the use of Community-based Park Investment Program.

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FUNDING SOURCES
FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) - FISCAL YEARS 2024-2028 Public Works Department - Engineering Division
Measure M
The allocated funds will be used for street and transit projects citywide. Fund are for improvements of traffic control, street/road, sidewalks, safety features for pedestrians, implement ADA requirements, buses/bike lanes, eco-friendly implementation, bikeway, emergency and non-emergency routes, transit infrastructure, transit marketing installations, planning, engineering and/or study, congestion management program, and transportation administration cost.

Measure R
Expenditures associated with Measure R are that of street and road improvements, traffic control measures, bikeways and pedestrian improvements, public transportation system, transport marketing, planning engineering and/or construction management program, and transportation administration. Furthermore, Measure R shall provide funding for Synchronize traffic signals, repair potholes, extend light rail with airport connections, improve freeway traffic flow, keep senior/student/disabled fares low, provide clean-fuel buses, expand subway/Metrolink/bus service, and community traffic relief. The allocated funds will be used for street and transit projects citywide.

Measure W
Measure W proposed by Los Angeles County Flood Control District to add a parcel tax of two-half-cent per square foot of impermeable area which it translates to $300,000,000 annually from LA County parcels. The funds are designed to build infrastructure to capture, treat and recycle water runoff to comply with The Federal Clean Water Act. The water quality improvement projects are to be maintain compliance with MS4 permits. Most of the monies to use on new water quality improvement projects.

Metro WSAB TOD SIP Grant - West Santa Ana Brach Transit Oriented Development Strategic Implementation Plan Grant
Metro provides funding for Planning Studies related to one or more of the 6 TOD SIP Eligible Funding Strategies below and located within a 1/2-mile radius of a WSAB station.

Per Capita Fund
The Per Capita Grant Program by the State of California is intended to maintain a high quality of life for California's growing population by providing a continuing investment in parks and recreational facilities. Funds are available for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. Grant is being used to rehabilitate existing local parks.

Proposition 68
California Proposition 68, the Parks, Environment, and Water Bond, was on the ballot in California as a legislatively referred bond act on June 5, 2018. This measure to authorize $4 billion in general obligation bonds for state and local parks, environmental protection projects, water infrastructure projects, and flood protection projects.

Proposition A
Funds under Proposition A are to be within the Public Right of Way and are to be use for public transit purposes to sustain or improve the quality and safety of and/or access to public transit services by the general public or requiring special public transit assistance. Twenty-five percent of the Proposition A tax is designed for the Local

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FUNDING SOURCES
FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) - FISCAL YEARS 2024-2028 Public Works Department - Engineering Division
Return program funds to be used by cities and the Jurisdictions in developing and/or improving public transit, paratransit, and the related transportation.

Proposition C
Funds are to be used for improvements the Public Right of Way and are to be used for the following: ‘A proposed expenditure of funds shall be deemed to be for public transit purposes to the extent that it can reasonably be expected to sustain or improve the quality and safety of and/or access to public transit services by the general public or those requiring special public transit assistance’ under Metro Prop C guidelines. Local Return funds also be used to benefit public transit but provides an expanded list of eligible projects, expenditures including, Congestion Management Programs, bikeways and bike lanes, street improvements supporting public transit service, and Pavement Management System projects.

SB1/RMRA – Road Maintenance and Rehabilitation Account
Revenues from the Road Repair and Accountability Act of 2017 (SB1) are eligible to be used on maintenance and rehabilitation projects, safety projects, railroad grade separations, traffic control devices and complete street components.

Siemens Financial
Financial institution whom provides loans to public agencies for particular energy projects.

State Budget Allocation
A legislative competitive grant given by the state of California.

STPL - Surface Transportation Program Local
Provides flexible funding that may be used by States and localities for projects to preserve and improve the conditions and performance on any Federal-aid highway, bridge and tunnel projects on any public road, pedestrian and bicycle infrastructure, and transit capital projects, including intercity bus terminals.

TDA 3 - Transportation Development Act Article 3 Bicycle and Pedestrian Funds The Transportation Development Act (TDA) Article 3 Bicycle and Pedestrian funds are used for design and construction of pedestrian facilities, bicycle facilities, wheelchair ramps and amenities. TDA funds are allocated to local agencies on per-capita basis. Applicable expenditures are engineering expenses leading to construction, Right-of-way acquisition, construction, reconstruction, retrofitting existing bicycle and pedestrian facilities, installation of signage, to comply with American with Disabilities Act (ADA), route improvements such as signal controls for cyclists, bicycle loops detectors, rubberized rail crossings and bicycle and bicycle-friendly drainage grates, installation of bicycle, transit terminals accessible to the general public.

To Be Identified
The City is continuously looking for grants and/ or special program monies to fund proposed projects. Once the city has secured funds for a project, it will correlate with the City Council to allocate funding.

Charge Ready Southern Califofrina Edison (SCE)
Southern California Edison, installs, maintains and covers installation costs for charging infrastructure, while participants own, operate and maintain the charging stations. The program also provides rebates toward the

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FUNDING SOURCES
FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) - FISCAL YEARS 2024-2028 Public Works Department - Engineering Division
purchase of charging stations.

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CIP BY PROJECT DETAIL
FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) - FISCAL YEARS 2024-2028 Public Works Department - Engineering Division
City of Cudahy, California
CAPITAL IMPROVEMENT PROGRAM (2024 UPDATE)
Fiscal Years 2024-2028

CIP BY PROJECT DETAIL

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STREETS IMPROVEMENTS CATEGORY (STR)
FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) - FISCAL YEARS 2024-2028 Public Works Department - Engineering Division
City of Cudahy, California
CAPITAL IMPROVEMENT PROGRAM (2024 UPDATE)
Fiscal Years 2024-2028

ACTIVE TRANSPORTATION CATEGORY (ATP)

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Capital Improvement Program
City of Cudahy, California
2024 2028 thru
Description
The project scope of work entails the preparation of a Citywide Sidewalk Assessment Report and Implementation thereafter per report recommendations. This includes removal of sidewalk tripping hazards Citywide as well as ADA compliance, sidewalk repairs Citywide for safe pedestrian walking. This is a Preventive maintenance project. .

Project # ATP-001
Priority 1
Justification
Current condition of Cudahy sidewalks include the presence of various tripping hazards citywide. In order to improve the safety of our walkways and reduce the risk of a liability, the Public Works Department Has included this project as a priority. This project provides a cost effective solution (precision cutting) to maintain in safe condition our sidewalks while meeting ADA requirements. .

Budget Impact/Other
Project has been budgeted in the City's budget using Non-General Funding monies.

Cudahy citywide sidewalk assesment report ha been completed in Fiscal Year (FY) 21/22 and started implementation in FY 22/23. .

Useful Life 15 years
Project Name Cudahy Citywide Sidewalk Maintenance Project Category Active Transportation
Type Improvement
Contact Public Works Director
Department Public Works
Total Project Cost: $128,118
Account No. 255-7121-6725 Strategic Plan Goal E
Status Active
Expenditures 2024 2025 2026 2027 2028 Total
Construction 97,331 97,331
Total 97,331 97,331
Prior
30,787
Total
Funding Sources 2024 2025 2026 2027 2028 Total
TDA 3 97,331 97,331
Total 97,331 97,331
Prior
30,787
Total
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Capital Improvement Program
City of Cudahy, California
2024 2028 thru
Description
ADA improvements along fixed bus routes throughout the City. This includes ADA upgrades along Metro lines and Cudahy CART bus route (ADA ramps, path of travel, access to bus stops, landing platforms, striping, curb painting, and signs). .

Project # ATP-002
Priority 2
Justification
Current condition of Cudahy sidewalks along fixed bus routes throughout the City include the presence of sidewalk barriers, making the access and circulation to bus routes not pedestrian friendly and non-ADA Compliance. In order to improve accessibility along fixed routes and reduce the risk of liability, ADA improvements are required. By completing this project, the City maintain in safe condition our sidewalks while meeting ADA requirements.
.

Budget Impact/Other
Project has been budgeted in the City's budget using Non-General Funding monies.

Cudahy Citywide ADA Assesment Report has been completed. (DAC Consultants). Original project budget+ $150K was brakedown in two projects ($50K this project and $100K for Project Number ATP-23-006 (Cudahy Citywide ADA Transition Plan Improvemenst - Streets). .

Useful Life 15 years
Project Name ADA Improvements Along Fixed Route
Category Active Transportation
Type Improvement
Contact Public Works Director
Department Public Works
Total Project Cost: $50,000
Account No. 252 Strategic Plan Goal E
Status New
Expenditures 2024 2025 2026 2027 2028 Total
Design (PS&E) 4,000 4,000
Construction 42,000 42,000
Construction Management 4,000 4,000
Total 50,000 50,000
Funding Sources 2024 2025 2026 2027 2028 Total
Proposition A 50,000 50,000
Total 50,000 50,000
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Capital Improvement Program
City of Cudahy, California
2024 2028 thru
Description
Project scope of work includes sidewalk widening along the east side of the street to meet ADA requirements and allow pedestrian activity. The project will also facilitate pedestrian access to future Metro stations for the West Santa Ana Branch Project (WSAB). The project entails the removal and reconstruction of the existing narrow (non-ADA compliant) sidewalk, the removal and reconstruction of wheelchair ramps, add medium to large curb extensions to reduce pedestrian crossing distance while improving crossing angle at existing skewed intersections along Salt Lake Avenue corridor, add pedestrian crosswalks at intersections to increase safety for pedestrians while providing pedestrian access to future WSAB stations. In addition, the project includes the installation of pedestrian lighting, wayfinding signage, traffic striping, installation of benches for pedestrians, planting new trees to create shade canopies for pedestrians as well as other miscellaneous items. .

Project # ATP-003
Priority 2
Justification
With the expected pedestrian traffic the project focuses on providing pedestrian access to the West Santa Ana Branch Project (WSAB) upcoming stations to be located just north and south of Cudahy City limits. The first station is to be located at Salt Lake Ave and Florence Ave in the City of Huntington Park and the second station will be located just south of Patata St in the City of South Gate. The proposed project will connect both stations via new concrete sidewalk. Project expected benefits is converting a currently accesible, non-ADA compliant avenue into a new pedestrian sidewalk that would create a pedestrian route for two WSAB stations. .

Budget Impact/Other
City plans to use grant monies to compete this project and Non-General Funds would be used. .

Useful Life 15 years
Project Name Salt Lake Avenue Pedestrian Accessibility Project Category Active Transportation
Type Improvement
Contact Public Works Director
Department Public Works
Total Project Cost: $7,125,101
Account No. 235 Strategic Plan Goal E
Status New
Expenditures 2024 2025 2026 2027 2028 Total
Design (PS&E) 907,097 675,000 1,582,097
Construction 2,431,142 2,431,142 4,862,284
Construction Management 340,360 340,360 680,720
Total 907,097 675,000 2,771,502 2,771,502 7,125,101
Funding Sources 2024 2025 2026 2027 2028 Total
ATP- Cycle 6 Grant 907,097 675,000 2,771,502 2,771,502 7,125,101 Total 907,097 675,000 2,771,502 2,771,502 7,125,101
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Capital Improvement Program
City of Cudahy, California
2024 2028 thru
Description
The projects includes ADA Improvements within the public right-of-way for ADA code compliance (includes ADA ramps citywide, on-street ADA parking, signs, striping, etc.).
.

Project # ATP-006
Priority 2
Justification
ADA Compliance is essential for any public agency. For this purpose, the City of Cudahy has prepared an American with Disabilities Act (ADA) Transition Plan. The Transition Plan includes reports identifying the extent of construction-related and potential barriers in the City’s programs, services, activities and special sponsored events. The reports have identified barriers or potential barriers in accordance with applicable Federal and State accessibility standards and regulations. In order to successfully implement the ecommendations included in the ADA Transition Plan and complete the project activities in a timely manner, this project is included in the CIP Program, Public Works Department will work closely and collaboratively with the City Manager Office and other City Departments to successfully implement the City of Cudahy ADA Transition Plan in Cudahy streets/ public right of way.
.

Budget Impact/Other
Project has been budgeted in the City's budget using Non-General Funding monies.

Cudahy Citywide ADA Assesment Report has been completed (DAC Consultants) .

Useful Life 15 years
Project Name Cudahy Citywide ADA Transition Plan Improv-Streets Category Active Transportation
Type Improvement
Contact Public Works Director
Department Public Works
Total Project Cost: $100,000
Account No. 252 Strategic Plan Goal E
Status New
Expenditures 2024 2025 2026 2027 2028 Total
Construction 50,000 50,000 100,000
Total 50,000 50,000 100,000
Funding Sources 2024 2025 2026 2027 2028 Total
Proposition A 50,000 50,000 100,000
Total 50,000 50,000 100,000
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Capital Improvement Program
City of Cudahy, California
2024 2028 thru
Description
Citywide Bus Stop Improvements to enhance safety, mobility and comfort for commuters along public transportation routes while complying with ADA. Installation and/or replacement of bus shelters, benches and/or trash receptacles, lighting, traffic striping and signage. City’s branding and art.
.

Project # ATP-007
Priority 3
Justification
Existing Cudahy bus stops citywide are old and deteriorated and in several other locations marked as bus stop locations, there are no bus shelters and/ or bus stop infrastructure. Great bus stops are comfortable places to wait, surrounded by safe and accessible walking conditions — and they are important drivers of bus ridership and customer satisfaction. Great bus stops result from collaboration; careful design and placement; and continuous funding, maintenance, and improvement. Bus stop infrastructure ranges from a simple pole and sign, to a rudimentary shelter, to sophisticated structures. Greater utilization of public transport services over personal vehicle use is one of the best ways on how to reduce emissions and helps to save the nvironment. In addition, better bus stops Infrastructure improves the safety of people using public transportation. .

Budget Impact/Other
Project has been budgeted in the City's budget using Non-General Funding monies. .

Useful Life 10 years
Project Name Cudahy Citywide Bus Stop Improvement Project Category Active Transportation
Type Improvement
Contact Public Works Director
Department Public Works
Total Project Cost: $100,000
Account No. 252-7100-6725 Strategic Plan Goal E
Status New
Expenditures 2024 2025 2026 2027 2028 Total
Design (PS&E) 7,500 7,500
Construction 85,000 85,000
Construction Management 7,500 7,500
Total 7,500 92,500 100,000
Funding Sources 2024 2025 2026 2027 2028 Total
Proposition A 7,500 92,500 100,000
Total 7,500 92,500 100,000
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Capital Improvement Program
City of Cudahy, California
2024 2028 thru
Description
Purchase of a Trolley Bus to transport residents of the Cities of Cudahy, Bell, and Maywood to and from the future West Santa Branch (WSAB) Stations to be located in the Cities of Huntington Park and South Gate. The project also includes the construction of bus stops/ shelters around the Trolley Bus route.
.

Project # ATP-008
Priority 5
Justification
The purpose of this project is to provide access to residents of the Cudahy region to and from the future WSAB Stations in Huntington Park and South Gate. This includes mainly the residents of the Cities of Cudahy, Bell, and Maywood. The plan is to also provide the required bus stops infrastructure around the Trolley Bus routes (this includes bus shelters, wayfinding signage, benches, etc.).

The West Santa Ana Branch Project is a proposed Metro Project what will connect Long Beach to the Metro Union Station in Los Angeles. The project will have significant impact in the Cudahy region. .

Budget Impact/Other
The project will be budgeted in the FY 26/27 City's budget using Non-General Funding monies. .

Useful Life 10 years
Project Name WSAB Cudahy Trolley Bus
Category Active Transportation
Type Equipment
Contact Public Works Director
Department Public Works
Total Project Cost: $300,000
Account No. 252 Strategic Plan Goal E
Status Future
Expenditures 2024 2025 2026 2027 2028 Total
Project Implementation 300,000 300,000
Total 300,000 300,000
Funding Sources 2024 2025 2026 2027 2028 Total
Proposition A 300,000 300,000
Total 300,000 300,000
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ACTIVE TRANSPORTATION CATEGORY (ATP)
FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) - FISCAL YEARS 2024-2028 Public Works Department - Engineering Division
City of Cudahy, California
CAPITAL IMPROVEMENT PROGRAM (2024 UPDATE)
Fiscal Years 2024-2028

ACTIVE TRANSPORTATION CATEGORY (ATP)
Total Projects: 6
Total Budget: $7,772,432

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ART AND BEAUTIFICATION CATEGORY (ABP)
``
FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) - FISCAL YEARS 2024-2028 Public Works Department - Engineering Division
City of Cudahy, California
CAPITAL IMPROVEMENT PROGRAM (2024 UPDATE)
Fiscal Years 2024-2028

ART AND BEAUTIFICATION CATEGORY (ABP)

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Capital Improvement Program
City of Cudahy, California
2024 2028 thru
Description
Beautification project includes four site improvements, focusing around the City’s portion of the Los Angeles River. The project beautifies and improves public spaces, deters littering by developing unused lots, and increase access to the LA bike path. The four public spaces are: LA River Bike Path, Cudahy River Park, Clara Bridge Slopes, and Otis Avenue Pocket Park. 1) LA River Bikepath: Bikepath restriping, installing permeable pavers, benches, trash bins along river, upgrading fencing, pedestrian lighting, landscaping, irrigation system, entrances beautification, murals. 2) Cudahy River Park: Landscape improvements to a dilapidated park across River main entrance. Bike path accessibility improvements including pathway rehabilitation, biking amenities, landscaping, lighting, irrigation system. 3) Clara Bridge Slopes: Construct terrace gardens, LA River way finders, fencing upgrades, landscaping bridge slopes to deter littering, and create interest points toward river.
4) Otis Avenue Pocket Park: Converting an undeveloped lot across a school into a pocket park. Landscaping, irrigation, pedestrian pathway, irrigation, mounting murals and public art, trash bins.

Project # ABP-001
Priority 1
Justification
The Los Angeles River bikepath is a focal site for Cudahy and a key point in the Lower Los Angeles River Revitalization Plan (LLAR). It is a bike and pedestrian path for the City, and a potential catalyst to encourage green spaces, public art, and unify the City via community gardens, HUB for events. However, the River bikepath and adjacent areas are underutilized, and instead attract litter, graffiti, and unwanted activity. The infrastructure improvement and beautification project will revitalize the LA river, upgrading the bikepath, creating mural spaces, public art, and point of attractions like gateway entrances, benches, and attractive fencing and landscaping. Moreover, the Bridge Slopes and Cudahy River Park are adjacent to the River, and therefore their improvements will increase bike accessibility, increase green space, and deter litter by providing attractive landscaping areas. The Otis Pocket Park will convert an undeveloped lot into a park centered around public art.

Budget Impact/Other
The project has been budgeted in the City's Budget using Non-General Funds.

The Clean California Local Grant Program (CCLGP) will fund this project.

Useful Life 20 years
Project Name Cudahy Los Angeles River Area Improvement Project Category Art and Beautification
Type Improvement
Contact Public Works Director
Department Public Works
Total Project Cost: $4,874,304
Account No. 235-7125-6720 Strategic Plan Goal A and Goal E Status Active
Expenditures 2024 2025 2026 2027 2028 Total
Design (PS&E) 157,491 157,491
Construction 3,879,590 3,879,590
Construction Management 278,144 278,144
Righ of Way Acquisition 40,000 40,000
Environmental Documents 80,000 80,000
(PA&ED)
Acquisition and Utilities 60,000 60,000
Total 4,495,225 4,495,225
Prior
379,079
Total
Funding Sources 2024 2025 2026 2027 2028 Total
Clean California Grant 337,491 4,157,734 4,495,225
Total 337,491 4,157,734 4,495,225
Prior
379,079
Total
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Capital Improvement Program
City of Cudahy, California
2024 2028 thru
Description
The project entails the installation of trash bins citywide, reduce litter, graffiti abatement, murals, education campaigns, promote recycle of materials in the City and trash separation, landscaping, parks cleaning and street sweeping activities, etc. .

Project # ABP-003
Priority 4
Justification
In order to address dilapidated and underutilized areas in the City, the City would identify these sites as opportunity sites to promote public art spaces, renovate parks, and create new landmarks that provide a sense of identity to Cudahy. The Citywide beautification project intends to decrease vandalism and dilapidated areas by activating these public spaces as areas that increase civic engagement, establishing congregation spots, and providing murals and art spaces that instill pride in the community. .

Budget Impact/Other
The city plans to use grant monies and/ or special program monies to complete this project. Non-General Funds would be used.

Note: The installation of trash bins citywide, murals, and some other components of this project might be included as part of the scope of work for the following projects: The Clean California Local Grant Program (CCLGP) Project and the Atlantic Ave Complete Streets Improvement Project.
.

Useful Life 10 years
Project Name Cudahy Citywide Cleaning & Beautification Project Category Art and Beautification
Type Improvement
Contact Public Works Director
Department Public Works
Total Project Cost: $100,000
Account No. Strategic Plan Goal E
Status Future
Expenditures 2024 2025 2026 2027 2028 Total
Project Implementation 30,000 35,000 17,500 17,500 100,000 Total 30,000 35,000 17,500 17,500 100,000
Funding Sources 2024 2025 2026 2027 2028 Total
To be identified 30,000 35,000 17,500 17,500 100,000
Total 30,000 35,000 17,500 17,500 100,000
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Cudahy City CouncilJanuary 16, 2024

Cudahy City Council
January 16, 2024